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Home My WebLink AboutZBA-11/15/2007 Agenda AGENDA ZBA REGULAR MEETING THURSDAY, NOVEMBER 15, 2007 9:30 A.M. Place of Meeting: Southold Town Meeting Hall, 53095 Main Road, 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/DECISION: PH 10/18 - proof of landowner notification received 11/09: LAURA A. WEIL #6078. Requests for Variances under Sections 280-122, 280-124, 280-116B, 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. III. PUBLIC HEARINGS: (Each presentation is limited to testimony relative to this property and Zoning Code Sections noted below, following reading of Legal Notice by ZBA with brief introduction): 9:30 A.M. ROY W. ARGENT and LINDA ARGENT (LIFE ESTATE ELLSWORTH BAYLIS JR.) #6086. Request for Variances under Sections 280-122 and 280- 116B, based on the Building Inspector's September 10, 2007 Notice of Disapproval concerning a proposed new dwelling. After substantial demolition of the existing building, the new construction will be less than 35 feet from the rear lot line, less than 10 feet on a single side yard, less than 25 feet total side yard setbacks, and less than 75 feet from the bulkhead, at 6429 Indian Neck Lane, Peconic; CTM 86-6-23. Page 2 – Agenda Southold Town Board of Appeals Regular Meeting of November 15, 2007 III. PUBLIC HEARINGS, continued: (Each presentation is limited to testimony relative to this property and Zoning Code Sections noted below): 9:45 A.M. LAURA SOLINGER #6087. Request for a Variance under Zoning Code Sections 280-15 (A and B), based on the Building Inspector's March 14, 2007 Notice of Disapproval concerning a proposed accessory garage which will be less than 10 feet from the side property line. The Building Inspector also notes that his determination has not been updated regarding the current accessory building code, as amended, concerning the height of the garage exceeding 18 feet. Location of Property: 13459 Oregon Road, Cutchogue; CTM 83-2-10.12. 10:05 A.M. NORTH FORK GREEK COMMUNITY ASSOCIATION #6088. Request for a Variance under Section 280-13, based on the Building Inspector's August 17, 2007 Notice of Disapproval concerning proposed additions and alterations to the existing church building which will be less than 60 feet from the front lot line, at 1950 Breakwater Road, Mattituck; CTM 106-9-6.1. 10:25 A.M. KENNETH A. and EVELYNN R. HAMILTON #6089. Request for Variances under Sections 280-15 and 280-124, based on the Building Inspector's September 10, 2007 Notice of Disapproval concerning an as-built (without permit) deck addition at less than 35 feet from the rear lot line and which new construction will create a side yard location for a portion of the accessory garage (garage is entirely in a rear yard). Location of Property: 145 Orchard Road, Southold; CTM 66-2-26. 10:40 A.M. EDNA McNULTY (and JOHN C. DILLER and HOLLY M. DILLER) #6090. Request for a Variance under Zoning Code Section 280-18, based on the Building Inspector's July 26, 2007 Notice of Disapproval which states that the Bulk Schedule requires a minimum lot size of 40,000 square feet, and the proposed lot line change will create more conformity by increasing the size of CTM Parcel 1000-145-02-1.4 from 22,151 square feet to 22,936 square feet, and will create more nonconformity by reducing the size of CTM Parcel 1000- 145-02-1.5 from 20,877 square feet to 20,093 square feet. Both properties are nonconforming in lot size in the R-40 Low-Density Residential Zone District, located at 160 and 240 Great Peconic Bay Boulevard, Laurel. 11:00 A.M. ILYA and EMILIA KABAKOV #6091. Request for a Variance under Section 280-15 (B and F), based on the Building Inspector's June 19, 2007 Notice of Disapproval concerning proposed additions (as-built and new) to the existing accessory (storage/garage) building, which is not permitted at a height exceeding 22 feet in height and less than 25 feet from the side property line. Location of Property: 1700 Park Avenue, Mattituck; CTM 123- 8-5. Page 3 – Agenda Southold Town Board of Appeals Regular Meeting of November 15, 2007 III. PUBLIC HEARINGS, continued: (Each presentation is limited to testimony relative to this property and Zoning Code Sections noted below): 11:25 A.M. CHARLES S. WITCZAK #6092. Request for a Variance under Section 280-14, based on the Building Inspector's September 11, 2007 Notice of Disapproval concerning a proposed single-family dwelling which is allowed on a lot size of 160,000 square feet, and this lot after yield calculations measures 102,667 square feet. The proposed dwelling use is in addition to an existing working farm with existing farm building uses, and therefore, two (principal) uses are not permitted. Location of Property: 26170 C.R. 48 (a/k/a North Road) and 5000 Bridge Lane, Cutchogue; CTM 84-5-4.2. 12:00 P.M. Resolution to break (lunch). * * * 1:00 P.M. Resolution to reconvene meeting and continue with the following agenda items: III. PUBLIC HEARINGS, continued: (Each presentation is limited to testimony relative to this property and Zoning Code Sections noted below): 1:00 P.M. CELESTE SHEVLIN and PATRICIA BOOKE #6093. Request for a Variance under Section 280-124, based on the Building Inspector's amended October 16, 2007 Notice of Disapproval concerning a proposed addition with alterations to the existing single-family dwelling, which new construction will be less than 40 feet from the front property line, at 1020 Vanston Road, Cutchogue; CTM 104-12-11. 1:10 P.M. JON S. RAND #6085. Request for a Variance under Section 280-15, based on the Building Inspector's August 20, 2007 Notice of Disapproval concerning an as-built (without permit) accessory shed and accessory deck addition in a location set back at less than five feet from the lot line, at 2975 Cedar Beach Road, Southold; CTM 91-1-2. 1:25 P.M. PERI HOFFER HINDEN #6096. Request for a Variance under Sections 280-14 and 280-122, based on the Building Inspector's October 11, 2007 Amended Notice of Disapproval and Zoning Interpretation ZBA #5039 (Walz) concerning proposed additions and alterations to the existing single- family dwelling. A front porch is proposed at less than 50 feet from the front lot line, and the second-story addition will be an increase in the degree of nonconformance when located less than 50 feet from the front lot line. Location of Property: 1255 Woodcliff Drive, Mattituck; CTM 107-6-18. III. PUBLIC HEARINGS, continued: (Each presentation is limited to testimony Page 4 – Agenda Southold Town Board of Appeals Regular Meeting of November 15, 2007 relative to this property and Zoning Code Sections noted below): 1:50 P.M. DANIEL HUME #6097. Request for a Variance under Section 280- 14, based on the Building Inspector's October 1, 2007 Notice of Disapproval concerning a third-story to a single-family dwelling (under construction and subject to Building Permit #33295-Z). The Building Inspector notes that the proposed construction shown on plans submitted September 19, 2007 reflect a third-story instead of 2.5 stories, at 14216 Oregon Road, Cutchogue; CTM 72-2-5. 2:15 P.M. BRIAN and MERRY RETUS #6094. Request for a Variance under Section 280-116A(1), based on the Building Inspector's September 28, 2007 Notice of Disapproval concerning a proposed second-story deck addition to the dwelling, which new construction will be less than 100 feet from the top of the bluff or bank of the Long Island Sound, at 235 Soundview Road, Orient; CTM 15-3-4. (End of hearings, public meeting continues – see next agenda item.) IV.RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Dates of Meetings (Remainder of 2007): 12/6 at 6 PM; 12/20 at 9:30 AM. B. New business items (t/b/d). C. Resolution to accept for filing Minutes of 8/2/07 ZBA Regular Meeting. D. Work Session Reviews; also Discussion: Application Submissions E. Resolution to set 2008 ZBA Meeting Dates (per schedule). V. EXECUTIVE SESSION (litigation, t/b/d).