HomeMy WebLinkAboutZBA-08/02/2007 Agenda
AGENDA
Prep. 8/1 1 PM
ZBA REGULAR MEETING
THURSDAY, AUGUST 2, 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: to determine Type II Actions (no
Resolution
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. NICK KATAPODIS (JOHN FRANKIS) #6027. Requests for Variances under Section
280-116, based on the Building Inspector's June 14, 2007 amended Notice of Disapproval for
proposed accessory swimming pool and related equipment: (1) at less than 100 feet from the
top of the bluff adjacent to the Long Island Sound, and (2) with lot coverage in excess of the
code limitation of 20%. Location of Property: 1540 The Strand, East Marion; CTM 30-2-65.
10:05 a.m. DOROTHY DICKERSON PETERS #6053. Request for a Variance under Section 280-
124, based on the Building Inspector's April 23, 2007 Notice of Disapproval concerning a
proposed single-family dwelling at less than 40 feet from the front lot line, at 2280 Deep Hole
Drive, Mattituck; CTM 123-4-6.
Page 2 – Agenda
August 2, 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:
10:25 a.m. DOUG DEY #6056. Request for Variances under Section 280-121, based on the
Building Inspector's amended May 22, 2007 Notice of Disapproval concerning a proposed
additions and alterations to the existing nonconforming building (garage with apartment
above, as an accessory to the main building) for the reasons that the proposed construction is
not permitted to be enlarged, altered, extended, reconstructed or restored or placed on a
different portion of a lot … occupied by such use on the effective date of this chapter, nor shall
any external evidence of such use be increased by any means whatsoever.” The building was
erected in 1965 under a permit to alter and add to an existing garage with apartment above;
the current plans indicate reconstruction of windows and doors, with decorative dormer
addition at 9 feet, and upper deck and storage structure at 15 feet, from side property line.
Also, the interior living area will increase with conversion of garage to recreation space in
addition to the apartment above garage (also see Building Permit#2867-z and C.O. #Z-2421
dated May 31, 1966 for a private one family dwelling and garage building). Location of
Property: 1000 Paradise Point Road, Southold; CTM 81-3-24.2.
10:40 a.m. JANINA A. CASEY #6064. Request for a Variance under Section 280-116B, based
on the Building Inspector's June 17, 2007 Notice of Disapproval concerning proposed
additions and alterations to the existing dwelling, which new construction will be less than 75
feet from the bulkhead, concrete wall, riprap or similar structure adjacent to tidal water body
(Hog Neck Bay), at 275 Waters Edge Way, Southold; CTM 88-5-58.
10:55 a.m. F.J. GERARD HOLDINGS LLC (SEIFERT CONSTRUCTION) #6059. Requests for
Variances under Sections 280-63 and 280-64, based on the Building Inspector's June 4, 2007
amended Notice of Disapproval concerning proposed construction for use as a custom
workshop in this LI Light Industrial Zone District. The reasons stated for disapproving a
building permit application are that the new construction is: (1) less than 100 feet from the
right-of-way; (2) will have a single side yard t less than 10 feet; (3) will have a total side yards
at less than 40 feet for both setbacks, (4) the rear yard is less than 70 feet. Location of
Property: 11780 Sound Avenue, Mattituck; CTM 141-3-44.
11:10 a.m. ERIC and MARIA BULIS #6055. Request for a Variance under Sections 280-122A
and 280-124, based on zoning Code Interpretation ZBA #5038 in the Application of R. Walz, and
the Building Inspector's April 3, 2007 Notice of Disapproval concerning proposed additions to
the existing dwelling, which will be an increase in the degree of nonconformance when located
at less than 40 feet from the code-required front lot line, at 490 Aquaview Avenue, East Marion;
CTM 21-3-5.
11:25 a.m. SPYRO AVDOULOS #6060. Request for a Variance under Section 280-116A, based
on the Building Inspector's amended June 13, 2007 Notice of Disapproval concerning proposed
additions and alterations to the existing single-family dwelling with a setback at less than the
code-required 100 feet from the top of the bank or bluff adjacent to the Long Island Sound, at
54985 North Road, Greenport; CTM 44-1-5.
12:00 p.m. Resolution to recess (lunch break).
Page 3 – Agenda
August 2, 2007 Regular Meeting
Southold Town Zoning Board of Appeals
* * *
12:55 p.m. Resolution to reconvene and continue with public hearings
(continued):
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:
1:00 p.m. DAVID SHERMAN #6063. Requests for Variances under Sections 280-10 and 280-
124, based on the Building Inspector's April 12, 2007 Notice of Disapproval concerning a
proposed deck addition, disapproved for the following reasons: (1) the deck will be less than
10 feet on a single side yard; (2) the deck will be less than 35 feet total side yard setbacks; (3)
the deck will exceed the code limitation of 20% lot coverage; (4) the shed is proposed in a yard
other than a code-required rear yard; (5) the shed is less than three feet from the property line
and exceeds the code limitation of 20% lot coverage. Location of Property: 260 Founders
Path, Southold; CTM 64-2-24.
1:20 p.m. KATHERINE DANERI #6029. Request for Variances under Sections 280-114, 280-
15B, D, F, and 280-116 based on the Building Inspector's October 31, 2006 Notice of
Disapproval amended June 19, 2007, concerning two proposed buildings after demolition of
the existing building: (1) a single-family dwelling, after demolition of the existing building,
proposed with a single side yard at less than 15 feet, less than 35 feet total side yards, less
than 75 feet from the bulkhead; and (2) an accessory garage with proposed roof dormers
exceeding the 40% width limitation, with a setback at less than the code required 15 feet
minimum from the side property line, and with a height exceeding the 22 ft. code limitation.
Location of Property: 200 Private Road #17, or Terry Path extending easterly of Camp Mineola
Road, Mattituck; CTM 123-6-14.
1:40 p.m. RICHARD and CATHY REINKEN #6052. Request for a Variance under Section 280-
116B, based on the Building Inspector's May 24, 2007 Notice of Disapproval concerning new
dwelling construction, after demolishing the existing construction, disapproved for the reason
that the new construction will be less than the code-required 75 feet from the bulkhead, at 1935
Pine Tree Road (at Little Creek), Cutchogue; CTM 98-1-11.1 .
1:55 p.m. RUSSELLL E. PLANITZER #6057. Request for a Variance under Section 280-15,
based on the Building Inspector's June 8, 2007 Notice of Disapproval concerning proposed
additions and alterations to the existing dwelling which result would change the conforming
rear yard to a nonconforming yard for the existing swimming pool construction, at Ocean View
Avenue, Fishers Island; CTM 9-11-3.1.
Page 4 – Agenda
August 2, 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:
2:10 p.m. ALBERT R. GREBE JR. #6043. Request for Variances under Section 280-114, based
on the Building Inspector's April 9, 2007 Notice of Disapproval concerning proposed re-
arrangement of lot lines for three existing nonconforming lots. The rearrangement of lot lines
will change the size of nonconforming lots located in the R-40 Low-Density Residential Zone,
and will change the size of nonconforming lots located in the R-80 Residential and Limited
Business (LB) Zone Districts. Land area shown as #14 with an existing dwelling will be
increased in size; Lot 15 with an existing dwelling will be increased in size. Land area shown
as 17.1 will be reduced in area to 69,428+/- square feet. Location of Property: South Side of
Avenue B, and the north side of Fox Avenue, Fishers Island; CTM 6-2-14, 15, 16, and 17.1.
2:20 p.m. CHRIS GIRZADAS #6061. Request for a Variance under Sections 280-122A and 280-
124, based on Zoning Code Interpretation under ZBA #5039 in the Application of R. Walz, and
the Building Inspector's June 13, 2007 Notice of Disapproval, concerning proposed additions
to the existing dwelling, which will be an increase in the degree of setback nonconformance
when located less than 35 feet from the front lot line, at 600 Mill Creek Drive (a.k.a Mill Creek
Road), Southold; CTM 135-3-42.3.
2:40 p.m. MARK and PATRICIA LAMPL #6062. Request for Variances under Sections 280-
116A(1), 280-122, 280-124, based on the Building Inspector's June 5, 2007 Notice of
Disapproval concerning proposed additions and alterations to the existing dwelling,
disapproved for the following reasons: (1) the new construction will be an increase in the
degree of nonconformity when located less than 15 feet on a single side yard, and less than 35
feet for total side yards; and (2) the additions and alterations are not permitted at less than 100
feet from the top of bank or bluff adjacent to the Long Island Sound. Location of Property:
910 The Strand (Lot 127 at Pebble Beach Farms), East Marion; CTM 30-2-81.
2:55 a.m. (Carryover): 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.
3:10 p.m. (Carryover; also to consider request by Letter and telephone inquiries, from Artemis
Lekakis requesting adjournment for more time to attend another public hearing):
NEW CINGULAR WIRELESS PCS (and EAST MARION FIRE DISTRICT, as Owner) #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.
Page 5 – Agenda
August 2, 2007 Regular Meeting
Southold Town Zoning Board of Appeals
(Meeting continues below.)
III. DELIBERATIONS/DECISIONS, if any
: (t/b/d)
IV. RESOLUTIONS/UPDATED REVIEWS/OTHER:
nd
A. Reminder: Special Meeting 6 P.M. Thursday, August 16,2007 Annex Building, NFB 2
Floor, 54375 Main Road and Youngs Avenue, Southold (for carryover deliberations,
possible decisions, resolutions, and other updates.)
B. Reminder: Regular Meeting and Public Hearings 9:30 A.M. Thursday, September 13, 2007
at Town Hall, 53095 Main Road, Southold.
C. Other Business: Work Session:
1. Former Interpretations (JD).
2. Discussions – ZBA file data.
D. Resolution: Approval of Minutes for Special Meeting held 7/12/07.
V. EXECUTIVE SESSION
(t/b/d if any, regarding litigation updates/other).