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HomeMy WebLinkAboutZBA-06/28/2007 Agenda AGENDA 6/18; upd 6/26 ZBA REGULAR MEETING THURSDAY, JUNE 28, 2007 9:30 A.M. Place of Meeting: Town Hall (Main Building), Court Room, 53095 Main Road, Southold. 9:30 A.M. Call to Order by ZBA Chairman James Dinizio. I. STATE ENVIRONMENTAL QUALITY REVIEW ACT: Resolution to determine Type II Actions (no further SEQRA steps required for interpretations, dimensional variances, accessory special permits: accessory apartments or bed and breakfast uses) listed at II, below. II. PUBLIC HEARINGS with a reading of the Board’s Legal Notice for each hearing: Speakers are requested to provide their name and address, and to limit presentation to five minutes when possible, and with testimony as it relates to the ZBA application, Zoning Code, and Building Inspector determination for the premises: 9:30 a.m. MARK MELNICK #6050. Request for Reversal of Building Department determination which states that the “ as built alteration to dwelling includes demolition and reconstruction of the existing ZBA #5955 granted applicant’s prior request concerning foundation deviated from ZBA decision #5977.” setbacks related to the proposed increase of ceiling height from 18’ to 32’ and change from the existing height of 1.5 stories to two stories under Zoning Code Sections 280-116 and 280-124. Also requested if a reversal is not granted, is a variance amendment for reconstruction of the dwelling with setbacks at less than 75 feet from the bulkhead, less than 35 ft. front yard setback, and less than 35 ft. rear yard setback (ref. Building Inspector’s August 25, 2006 Notice of Disapproval, amended September 28, 2006). Location of Property: 405 Private Road #3 (a/k/a Pine Creek Road), Southold; CTM 70-6-15. 9:40 a.m. JOHN MAZUR, JR. and ALICE MAZUR #6044. Request for a Variance based on the Building Inspector’s May 7, 2007 Notice of Disapproval, based on the ZBA #5909 issued August 17, 2006, based on Building Inspector’s April 3, 2006 Notice of Disapproval citing Sections 280-122A and 280-124), for approval of the location of the new foundation at less than 35 feet from the front yard line and less than 35 feet from the rear yard line, after demolition of the foundation of the existing dwelling and related construction. Location: 3200 Camp Mineola Road, Mattituck; CTM 123-5-36.2. Page 2 – Agenda ( updated 6/27/2007) June 28, 2007 Regular Meeting Southold Town Zoning Board of Appeals II. PUBLIC HEARINGS with reading of Legal Notice for each hearing, (continued): Speakers are requested to provide their name and address, and to limit presentation to five minutes when possible, with testimony as it relates to the ZBA application, Zoning Code, and Building Inspector determination for the premises: 9:55 a.m. BREWERS YACHT YARD #6051. Request for a Variance under Section 280-116, based on the Building Inspector's May 7, 2007 Notice of Disapproval concerning a proposed accessory (pavilion) building at less than 75 feet to the bulkhead, at 500 Beach Road, Greenport; CTM 43-3-2. 10:10 a.m. PAUL and CHERYL RAGUSA #6048. Request for a Variance under Section 280-116A, based on the Building Inspector's May 20, 2007 Notice of Disapproval concerning a proposed additions and alterations to the existing dwelling at less than 100 feet from the top of the bluff adjacent to the Long Island Sound, at 1600 Hyatt Road, Southold; CTM 50-1-6. 10:25 a.m. ADRIENNE LANDAU (EDWARD FAGIN) #6033. Request for Variances under Sections 280-116 (formerly #100-239.4A-1), based on the Building Inspector's January 4, 2006 Notice of Disapproval, amended April 4, 2007, concerning proposed new dwelling construction, after substantial demolition of existing dwelling, with setbacks less than 100 feet of the top of the bluff adjacent to the Long Island Sound, at 855 Soundview Avenue, Mattituck; CTM 94-1-7. 11:05 a.m. ROGER P. SMITH and CONSTANCE A. SMITH #6025. Request (Carryover hearing from 5/31) for Variances: (1) based on the Building Inspector's January 22, 2007 Notice of Disapproval citing former Code Section 280-15, and (2) based on the current Code Section 280-15 concerning the proposed accessory garage construction which will exceed the code limitation of 40% for dormers. The Notice of Disapproval cites the former Code provisions concerning setback and height requirements (citing 10 ft. as a minimum setback and 18 ft. as a maximum mean height). Current Section 280-15 as amended by Local Law states that accessory buildings shall not exceed 22 feet to the highest point of the ridge, and that setbacks shall be not less than 20 feet (when located in a rear yard). In addition, a Variance is requested to locate an accessory pergola in a side yard (rather than the code-required 20 ft. setback when located in a rear yard). Location: 60015 Main Road, Southold; CTM 56-3-10 11:20 a.m. HUGH AND ANNE O’REILLY #6058. Request for a Variance under Section 280-124 (100- 244), based on the Building Inspector's June 4, 2007 Notice of Disapproval concerning an as-built demolition of an existing dwelling, with new construction at less than the code-required 40 feet on this 37,375 square foot lot. The new construction activities commenced under Building Permit #32434-Z, at 25 Lighthouse Road (at intersection with North Road), Southold; CTM 55-1-3.2. 11:35 a.m. JEFFREY and CAROL OAK #6046. Request for a Variance under Section 280-124, based on the Building Inspector's April 25, 2007 Notice of Disapproval, amended May 7, 2007 concerning proposed additions and alterations to the existing dwelling at less than 35 feet from the front lot line, at 375 Grove Drive, Reydon Shore Lots 20 & 21 (combined as one lot), Southold; CTM 80-4-10.1. 11:45 a.m. FRANK R. LYON and NATALIE DU PONT LYON #6042. Request for a Variance under Sections 280-14 and 280-122, based on ZBA Interpretation #5039 (Walz Application), and based on the Building Inspector's April 24, 2007 Notice of Disapproval concerning a proposed additions and alterations to a (nonconforming) third-story bedroom in an existing single-family dwelling, which will Page 3 – Agenda ( updated 6/27/2007) June 28, 2007 Regular Meeting Southold Town Zoning Board of Appeals constitute an increase in the degree of non-conformance (third floor/third story), at 8 Shingle Hill Drive, Fishers Island; CTM 9-1-15. 12 noon Resolution to recess (lunch break). 12:55 p.m. Resolution to reconvene and continue with public hearings: II. PUBLIC HEARINGS with reading of Legal Notice for each hearing, (continued): Speakers are requested to provide their name and address, and to limit presentation to five minutes when possible, with testimony as it relates to the ZBA application, Zoning Code, and Building Inspector determination for the premises: 12:55 P.M. Reserve for possible carryover hearing (from earlier morning session). 1:00 p.m. (Carryover hearing requested by Abigail Wickham, Esq. 5/31) DR. LAWRENCE KELLY #6026. Request for a Variance under Code Section 280-86, based on the Building Inspector's January 2, 2007 Notice of Disapproval concerning a proposed ground identification sign which will be larger than two square feet in area, at 26270 Main Road, Cutchogue; CTM 109-3-3. 1:05 p.m. VALERIE and FOSTER REEVE #6041. Request for a Variance under Section 280-105, based on the Building Inspector's October 6, 2006 Notice of Disapproval concerning the height of a proposed fence exceeding the code limitation of four feet when located in the front yard, at 76375 Main Road (a/k/a Front Street), Greenport; CTM 48-1-2. 1:10 p.m. AMY GROSS #6045. Request for Variances under Sections 280-15F and 280-116A, based on the Building Inspector's April 16, 2007 Notice of Disapproval concerning an application for a building permit concerning proposed addition to a single-family dwelling, pergola and swimming pool. The reasons for disapproving the building permit application are that the addition to the existing dwelling will be less than 100 feet from the top of the bluff or bank adjacent to the Long Island Sound; (2) the proposed addition places the existing accessory garage partly in a side yard; and (3) that the proposed swimming pool construction and pergola will be less than the code-required 50 feet from the front lot line when located in a front yard. Location of Property: 740 Northview Drive, Orient; CTM 13-1-4. 1:30 p.m. JOSEPH IAVARONE #6047. Request for Variances under Sections 280-122A, 280-124, 280- 116, 280-15, based on the Building Inspector's September 7, 2007 Notice of Disapproval, amended May 1, 2007, concerning proposed additions and alterations to a nonconforming dwelling and to construct a new accessory garage. The new additions to the dwelling will create a new nonconformity or be an increase in the degree of nonconformity when located less than 15 feet on a single side yard and less than 75 feet to the bulkhead. A new accessory building (garage) is proposed to be located less than 15 feet from the side line. Location of Property: 450 Wood Lane (Richmond Creek), Peconic; CTM 86-6-4. 1:55 p.m. STEVE SACHMAN #6040. Request for Variances under Section 280-15, based on an for a building permit and the Building Inspector's April 9, 2007 Notice of Disapproval for an accessory garage proposed: (1) at less than 15 feet from the side lot line, (2) at a size exceeding the code limitation of 750 square feet, and (3) with dormers exceeding the code limitation of 40% of the roof Page 4 – Agenda ( updated 6/27/2007) June 28, 2007 Regular Meeting Southold Town Zoning Board of Appeals width. Location of Property: 4705 Nassau Point Road, Cutchogue; CTM 111-9-9. 2:10 p.m. BRIAN RETUS #6049. Request for Variances under Sections 280-116A(1) and 280-124, based on the Building Inspector's May 14, 2007 Notice of Disapproval concerning: (1) proposed additions with alterations to the existing dwelling proposed at less than 100 feet from the top of the bluff adjacent to the Long Island Sound, (2) addition at less than 15 feet on a single side yard, and (3) deck existing at less than the 40 feet from the top of the bluff, required minimum under ZBA #3613. Location: 235 Soundview Road, Orient; CTM 15-3-4. 2:40 p.m. NEW CINGULAR WIRELESS PCS (and EAST MARION FIRE DISTRICT) #5826. Request for a Special Exception under Sections 280-69 and 280-70, concerning installation of a proposed public utility wireless telecommunications facility at the premises by affixing wireless telecommunications antennas within an approved pole to be built, and to install related equipment as required, at 9245 Route 25, East Marion; CTM 31-3-11.31. (Meeting continues below.) III. DELIBERATIONS/DECISION : (t/b/d) IV. RESOLUTIONS/UPDATED REVIEWS/OTHER: nd A. Reminder: Special Meeting 6 P.M. Thursday, July 12,2007 Annex Building, NFB 2 Floor. B. Reminder: Regular Meeting 9:30 A.M. Thursday, August 2, 2007 at Town Hall. C. Other Business: Work Session: 1. Former Interpretations (JD). 2. Discussions – ZBA file data. D. Resolution: Approval of Minutes (6/14/07 ZBA Meeting). V. EXECUTIVE SESSION (t/b/d if any, regarding litigation updates/other).