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Home My WebLink AboutZBA-09/13/2007 Agenda AGENDA REGULAR MEETING THURSDAY, SEPTEMBER 13, 2007 9:30 A.M. Place of Meeting: Southold Town Hall, Court Room, 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/POSSIBLE DECISION: PHs 8/2/07 Resolution to acknowledge receipt of all submissions received as of August 31, 2007, and close the record as to any further submissions into the record, for the following: 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. 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. Page 2 – Agenda Regular Meeting: September 13, 2007 Southold Town Zoning Board of Appeals Decision Tabled: Incomplete Application, pending information requested at 8/2/07 Hearing: 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: 1540 The Strand, East Marion; 30-2-65. III. PUBLIC HEARINGS (please limit presentation to five minutes, with testimony relative to this property and relative to Town Code Sections/zoning information as noted for each): 9:30 a.m. RICHARD and ELEANOR COFFEY #6068. Request for a Special Exception in accordance with Code Section 280-13B (14) to establish Accessory Bed and Breakfast, as an accessory use in the existing single-family dwelling, with owner-occupancy, for the purpose of lodging and serving of breakfast for up to ten (10) casual, transient roomers in four (4) guest bedrooms, at 5705 Main Road, East Marion; CTM 35- 2-16.1. 9:35 a.m. JAMES and JUDY HAYWARD #6054. Request for a Variance under Section 280-15, based on the Building Inspector's amended June 20, 2007 Notice of Disapproval, updated July 17, 2007, which states that the proposed accessory garage will be located in a yard other than the code-required rear yard, at 1450 Three Waters Road, Orient; CTM 15-3-19. 9:45 a.m. ROBERT O’BRIEN #6075. Request for a Variance under Section 280-116, based on the Building Inspector's August 7, 2007 Notice of Disapproval concerning proposed additions and alterations to the existing single-family dwelling, for the reason that the new construction will be less than 75 feet from the existing bulkhead adjacent to Gardiner’s Bay, at 1955 Truman’s Path, East Marion; CTM 31-13-2. 9:55 a.m. SCOTT and SARAH HASSILDINE #6072. Request for Variances under Section 280-124, based on the Building Inspector's July 19, 2007 Notice of Disapproval, which states that the proposed construction (after substantial demolition of the existing building), with additions and alterations, for a new single-family dwelling, with less than 10 feet on a single side yard and less than 25 feet total side yards. Location of Property: 2775 West Creek Avenue, Cutchogue; CTM 110-5-4. 10:15 a.m. ROBERT K. SCRIPPS #6069. Request for Variances under Sections 280-166B, 280-122A and 280-124, based on the Building Inspector's July 19, 2007 Notice of Disapproval concerning proposed addition(s) and alterations to the existing single-family dwelling which will increase the degree of nonconformance under Zoning Code Interpretation #5039 when located less than 15 feet on a single side yard, less than 35 feet for combined side yard setbacks. Also proposed is an addition at less than 75 feet from the existing bulkhead. Location of Property: 2745 Pine Tree Road, Cutchogue; CTM 104-3-6. 10:30 a.m. JOEL and DONNA CATANIA #6071. Request for a Variance under Section 280-124B, based on the Building Inspector's June 7, 2007 Notice of Disapproval concerning an application for a building permit for an as-built deck addition to the single-family dwelling, for the reason that the requested construction will exceed the 20% code limitation, at 760 Oakwood Drive, Southold; CTM 70-12-26.2. 11:00 a.m. PETER and SHARON MANGANIELLO #6066. Request for Variances under Section 280-124, based on the Building Inspector's June 21, 2007 amended Notice of Disapproval concerning as-built deck additions to the existing single-family dwelling, for the reasons that the construction will be: (a) less than 10 feet on a single side yard; (b) less than 25 feet for both side yard setbacks, (c) exceeding the code limitation of 20% maximum lot coverage, at 58315 Route 48 (a/k/a North Road), Greenport; CTM 44-2-12. 11:20 a.m. WENDY LOMAS and CHARLOTTE GREENE #6067. Request for a Variance under Code Section 280-15 based on the Building Inspector's June 18, 2007 Notice of Disapproval concerning proposed reconstruction (replacement) of an existing accessory building, in the same nonconforming location at less than the code required 10 feet from any property, at 500 Stephenson’s Road (Private Road #1); CTM 17-1-6. Page 3 – Agenda Regular Meeting: September 13, 2007 Southold Town Zoning Board of Appeals III. PUBLIC HEARINGS (please limit presentation to five minutes, with testimony relative to this property and relative to Town Code Sections/zoning information as noted for each): 11:35 a.m. CONSTANCE BEEBE and SIDNEY BEEBE JR. #6073. Request for Variances under Sections 280-15B and 280-15C, based on the Building Inspector's July 20, 2007 Notice of Disapproval concerning proposed additions and alterations to an existing accessory building, for the reason that the new construction will be less than 10 feet from the property line and the existing nonconforming size will increase the code limitation of 750 square feet, at 24925 Main Road, Cutchogue; CTM 109-1-20.3. 11:45 a.m. BENNETT BROKAW #6070. Request for a Variance under Section 280-15 based on the Building Inspector's July 20, 2007 amended Notice of Disapproval concerning an existing accessory building, which as a result of the proposed new dwelling construction, will be a yard other than the code- required rear yard, at 4300 Bergen Avenue, Mattituck; CTM 113-7-1.4. 11:55 a.m. ANN CALLAHAN #6038. Request for a Variance under Section 280-122, based on the Building Inspector's January 30, 2007 Notice of Disapproval concerning proposed additions and alterations to an existing accessory building, with conversion from the existing barn use, to an accessory playhouse or similar accessory use as per code. The existing barn, plus the proposed additions, is proposed in the nonconforming front yard, instead of the code-required rear yard, at 21445 Route 25, Orient; CTM 17-4-15. 12:05 p.m. VALERIE and FOSTER REEVE #6041 (carryover from 6/28/07). Request for Variance regarding proposed height of fence over four feet, at 76375 Main Road/Front Street, Greenport; CTM 48-1-2. 12:15 p.m. ROBERT K. SIMON #6076. Request for a Variance under Section 280-122 and 280-124, based on the Building Inspector's July 24, 2007 Notice of Disapproval and Zoning Code Interpretation #5038 (Walz Application), disapproving an addition with alterations to the existing single-family dwelling, for the reason that the new construction at less than 40 feet from the front lot line, which will increase the degree of nonconformance with regard to the front yard setback. Location: 3715 Main Bayview Road, Southold; CTM 78-2-14. 12:25 p.m. DAVID SHERMAN #6063 ( Hearing Reopened by the Board concerning diagram submitted after close of 8/2/07 hearing, also Amended Notice of Disapproval issued August 30, 2007 by the Building Inspector). Request, as amended, 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 which: (1) will be less than 10 feet on a single side yard; (2) will be less than 35 feet total side yard setbacks; and (3) will exceed the code limitation of 20% lot coverage. Location: 260 Founders Path, Southold; CTM 64-2-24. amended Notice of Disapproval was submitted (End of hearing sessions, public meeting continues on next page) IV.RESOLUTIONS/UPDATED REVIEWS/OTHER: nd A. Special Meeting confirmed for: Sept. 27, 2007 5 PM at Town Annex, NFB 2 Floor, Main Road & Youngs Avenue, Southold. B. Resolution to authorize advertising of new hearings concerning complete applications for Oct. 18, 2007. C. Discussion regarding possible 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.) D. New business (t/b/d). V. POSSIBLE EXECUTIVE SESSION (litigation, t/b/d).