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Home My WebLink AboutZBA-11/01/2007 Agenda FINAL AGENDA Upd 11/2 ZBA REGULAR MEETING THURSDAY, NOVEMBER 1, 2007 - 6 P.M. Place of Meeting: Town Annex, NFB Building, 2 Floor, Executive Board Room, 54375 Main nd Road at Youngs Avenue, Southold. Call to Order by Chairman James Dinizio, Jr. I. STATE ENVIRONMENTAL QUALITY REVIEW: Resolution to determine Type II Actions (no further step required for dimensional variances, accessory use special permits (accessory apartment, accessory bed and breakfast). II. RESOLUTION/DELIBERATIONS/DECISIONS: PHs concluded 10/18: GERALD and DOROTHY WANSOR #6074. Request for Variances under Sections 280-122A and 280-124, based on the Building Inspector's July 25, 2007 Notice of Disapproval and Zoning Code Interpretation #5039 (Walz Application) for the reason that proposed alterations to existing single-family dwelling, additions, and attaching garage for conversion to living space, will increase the degree of nonconformance when located less than 40 feet from the front lot line (along Haywaters Road). Location: 1525 Vanston Road a/k/a Old Cove Road, Cutchogue; CTM 111-4-12. ALBERT and SUSAN ARIAS #6065. Request for a Variance under Sections 280-104 and 280-124, based on the Building Inspector's May 29, 2007 Notice of Disapproval, which states that the proposed additions and alterations to the existing single-family dwelling will be less than 32.4 feet, the average front yard setback of the existing buildings within 300 feet of the proposed building on the same side of the street within the same use district, at 195 Oak Avenue, Southold; CTM 77-2-10. M. and B. NEUMANN #6077. Request for a Variance under Section 280-15, based on the Building Inspector's June 28, 2007 Notice of Disapproval concerning a proposed accessory swimming pool, partly in a side yard instead of a rear yard, at private right-of- way extending from the north side of Grand Avenue (House #3329), Mattituck; CTM 107- 1-12. JOSEPH FINORA and MARY GRACE #6080. Request for a Variance under Sec. 280-124, based on the Building Inspector's amended August 15, 2007 Notice of Disapproval Page 2 – Agenda updated 11/7/2007 Special Meeting: November 1, 2007 Southold Town Zoning Board of Appeals concerning proposed additions and alterations to dwelling at less than 35 feet from the rear lot line, at 375 Wells Road, Laurel; CTM 126-8-18. STEVE SACHMAN #6082. This is an appeal based on the August 21, 2007 Notice of Disapproval issued by the Building Inspector concerning a building permit application and amended plans to build a new accessory garage at 20 feet in height and with a setback of 6.5 feet from the side lot line. The reasons stated in the Notice of Disapproval are that an accessory garage on a 35,043 square foot parcel in an R-40 Zone is not permitted under Section 280-15, and in the case of a waterfront parcel, accessory structures may be located in the front yard, provided that such buildings and structures meet the front yard principal setback requirements as set forth by this code, and the side yard setback requirements for accessory buildings in Section B above. On lots between 20,000 and 39,999 square feet, for an accessory building measuring up to 20 feet in height, the required side yard setback is 15 feet. Location of Property: 4705 Nassau Point Road, Cutchogue; CTM 111-9-9. DANIEL and ELAINE O’CONNELL #6084. Request for a Variance under Section 280-124, based on the Building Inspector's August 1, 2007 Notice of Disapproval concerning proposed additions and alterations to an existing single-family dwelling, for the reason that the new construction will be less than the code-required 35 ft. side yard setbacks (total), at 1205 Waterview Drive, Southold; CTM 78-7-16. HOUSE OF DAIGE #5926. This is an Appeal: (1) requesting a determination that will recognize a 6,000 square foot lot for the purpose of adding a single-family dwelling, instead of its present zoning restrictions adopted on September 29, 1969 under Appeal No. 1290, which application requested a split of the property to allow a 6,000 square foot portion to be used as a garage, as an accessory to the applicant’s home across the street in 1969, resulting in the remaining portion of the land, now CTM Parcel 52-3-14.1 (now or formerly Hoffman), and (2) based on the Building Inspector’s May 30, 2006 Notice of Disapproval, requesting a Variance to build a dwelling with side yards at less than the code-required 25 feet (combined setbacks), after removal of the garage. Location of Property: 1195 Ruch Lane, Greenport; CTM 52-3-13. PETER and SHARON MANGANIELLO #6066. Amended application requesting a Variance under Section 280-116A.2, based on an updated survey and the Building Inspector's October 2, 2007 amended Notice of Disapproval concerning as-built deck additions to the existing single-family dwelling, for the reason that the construction will also be less than 100 feet from the ordinary high water mark of the Long Island Sound (in addition to setback and lot coverage variances published for a public hearing held September 13, 2007), at 58315 County Route 48 (a/k/a North Road), Greenport; CTM 44-2-12. Others Pending Receipt of Additional Information and Tabled from 10/18/07 PHs: ANTHONY BONAGURA and BARBARA BONAGURA #6081. Request for Special Exception under Sec. 280-13B of the Zoning Code for an Accessory Apartment (as-built/without permits) with owner-occupancy in the existing single-family dwelling, with recent additions and enlargement (open Building Permit #32609-z), at 900 Holbrook Lane, Mattituck; CTM 113-6-11. LAURA A. WEIL #6078. Requests for Variances under Sections 280-122, 280-124, 280- Page 3 – Agenda updated 11/7/2007 Special Meeting: November 1, 2007 Southold Town Zoning Board of Appeals 116B, based on Zoning Code Interpretation #5039 (Walz Application) and the Building Inspector's July 30, Notice of Disapproval concerning proposed additions and alterations to the existing dwelling, which new construction when located less than 35 feet from the front lot line and less than 35 feet from the rear lot line will create an increase in the degree of nonconformance. New construction is also proposed at less than 75 feet from the bulkhead. Location of Property: 2760 Village Lane, Orient; CTM 26-1-20.1. IV.RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Dates of Meetings (Remainder of 2007): 11/15 at 9:30 AM; 12/6 at 6 PM; 12/20 at 9:30AM. B. New business items (none). C. Resolution to accept Minutes of ZBA 9/13/07 Special Meeting and October 18, 2007 Regular Meeting. D. Work Session Discussion: Board Appointments Work Session, continued: Monthly Reports (RO, LKW, MS, GG) Town Board Committees: Planning & Zoning Code Committee LWRP Council Enforcement Committee Drainage Committee Hamlet Study Committees E. Correspondence from Eugene L. Daneri requesting meeting to discuss Board’s recent determination # 6029 (no action) F. Resolution authorizing advertising of November 15, 2007 hearings concerning applications submitted in complete form. V. EXECUTIVE SESSION: Litigation updates/reviews: Daneri v. ZBA; Zupa v. ZBA and Paradise Point Association Order to Show Cause with Petition, Supplemental Summons and Complaint).