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Home My WebLink AboutZBA-08/16/2007 Agenda AGENDA Upd. 8/13 ZBA SPECIAL MEETING THURSDAY, AUGUST 16, 2007 6 P.M. nd Town Hall Annex, NFB 2 Floor Exec. Board Room, Youngs Avenue/Main Place of Meeting: Road, Southold. 6 P.M. Call to Order by ZBA Chairman James Dinizio. I. STATE ENVIRONMENTAL QUALITY REVIEW ACT: (a) to determine Type II Actions (no further SEQRA steps required for interpretations, Resolution dimensional variances, accessory special permits: accessory apartments or bed and breakfast uses) listed at II, below. (b) Notice received from Lead Agency regarding SEQRA Scoping Session August 20, 2007 at Other: 5 P.M. – Heritage at Cutchogue at the Town Hall. II. PUBLIC HEARING (none) : III. DELIBERATIONS/DECISIONS : PHs concluded 8/2: 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. 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. Page 2 – Agenda August 16, 2007 Special Meeting Southold Town Zoning Board of Appeals III. DELIBERATIONS/DECISIONS : PHs concluded 8/2: 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. CINGULAR WIRELESS, NEW CINGULAR (Owner: EAST MARION FIRE DISTRICT #5826. ( Carryover; also to consider request by Letter and telephone inquiries, from Artemis Lekakis requesting adjournment for more Request for a Special Exception under Sections 280-69 and 280-70, time to attend another public hearing): 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. DOUG DEY #6056. Request for Variances under Section 280-121, based on the Building Inspector's amended May 22, 2007 Notices of Disapproval concerning a proposed and amended August 8, 2007 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 in 1965 under a permit to renovated erected 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: 1000 Paradise Point Road, Southold; CTM 81-3-24.2. (Amended Notice of Disapproval received 8/9/07) 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. 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: South Side of Avenue B, North Side of Fox Avenue, Fishers Island; CTM 6-2-14, 15, 16, 17.1. ADRIENNE LANDAU (EDWARD FAGIN) #6033. (Resolution to conclude the written portion of the record as of Request for . 8/10 submission of diagram showing setbacks to bluff from all points of new construction) 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. Page 3 – Agenda August 16, 2007 Special Meeting Southold Town Zoning Board of Appeals 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. 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. 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 . SEIFERT CONSTRUCTION and F.J. GERARD HOLDINGS LLC #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. DAVID SHERMAN #6063. ( 8/10 received applicant’s amended rough drawing to show deck without railings, at 5’ from side line and requests approval for “at grade” construction as per Building Inspector to meet code; also Requests for Variances under Sections 280- ). shed removed from proposal to reduce lot coverage to 33.35% 10 and 280-124, based on the Building Inspector's April 12, 2007 Notice of Disapproval concerning a proposed deck addition, disapproved because the deck will: (a) be less than 10 feet on a single side yard and will be less than 35 ft. for total sides and (2) 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 260 Founders Path, Southold; CTM 64-2-24. property line and exceeds the code limitation of 20% lot coverage. * * * OTHERS TABLED FROM 8/2: Await written reply from applicants, then written rebuttal from attorney representing neighbor(s) by 8/31, carry to 9/13 Agenda for possible deliberations/decision after closing written record or if necessary for extension of time, on the following: NICK KATAPODIS (JOHN FRANKIS) #6027. Proposed pool at less than 100 feet from top of bluff at Pebble Beach Farms, 1540 The Strand, East Marion; CTM 30-2-65. (As of 8/13 application incomplete pending info requested at 8/2 public hearing.) Patricia C. Moore, Esq. for applicant; J. Kevin McLaughlin, Esq. for neighbors. MARK and PATRICIA LAMPL #6062. Substantial new dwelling at less than 100 feet from the top of the Bluff at Pebble Beach Farms, 910 The Strand, East Marion; CTM 30-2-81. Architecnologies for applicant; Abigail A. Wickham, Esq. for neighbors. 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 Page 4 – Agenda August 16, 2007 Special Meeting Southold Town Zoning Board of Appeals 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. IV. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Resolution to authorize advertisement of legal notice of new applications submitted in complete form, for the Regular Meeting of 9/13/07, to be held at Town Hall, Main Meeting Hall, 53095 Main Road, Southold, commencing at 9:30 a.m. B. Resolution to consider letter received July 30, 2007 regarding Howard Waldman ZBA #5723 requesting a 30-day extension (July 31, 2007 to August 31, 2007) to allow time to comply with ZBA Conditions #1, 2, 3 and 4 dated July 21, 2005. (A Building Permit #31943-z was issued 4/27/2006 for a new dwelling, under construction; copies attached for Members) C. Work Session: ZBA jurisdictions and related forms. D. Work Session, continued: Monthly Reports (RO, LW, MS, GG) Town Board Committees Planning & Zoning Sessions Code Committee Sessions LWRP Sessions Enforcement Code Review Sessions Drainage Committee Hamlet Study Committees V. EXECUTIVE SESSION ( Litigation Monthly Updates: ). Oman; Aliano; Blocker