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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).