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Home My WebLink AboutZBA-10/18/2007 Agenda Upd. 10/17 AGENDA ZBA REGULAR MEETING THURSDAY, OCTOBER 18, 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/DECISIONS: PHs held 9/13: DAVID SHERMAN #6063 - Request, as amended, for Variances under Sections 280-10 and 280-124, based on the Building Inspector's August 30, 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 of Property: 260 Founders Path, Southold; CTM 64-2-24. 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. III. PUBLIC HEARINGS: (Each presentation is limited to testimony relative to this property and Zoning Code Sections noted below): 9:30 A.M. 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. 9:45 A.M. 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. Page 2 – Agenda Regular Meeting: October 18, 2007 Southold Town Zoning Board of Appeals III. PUBLIC HEARINGS, continued: (Each presentation is limited to testimony relative to this property and Zoning Code Sections noted below): 9:55 A.M. MICHAEL and BETH 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. 10:10 A.M. 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. 10:30 A.M. JOSEPH FINORA and MARY GRACE #6080. Request for a Variance under Section 280-124, based on the Building Inspector's amended August 15, 2007 Notice of Disapproval concerning proposed additions and alterations to an existing dwelling with a setback at less than 35 feet from the rear lot line, at 375 Wells Road, Laurel; CTM 126-8-18. 10:55 A.M. ANTHONY BONAGURA and BARBARA BONAGURA #6081, requesting a Special Exception Section 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. 11:10 A.M. 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. 12:00 P.M. Resolution to break (lunch). * * * 1:00 P.M. Resolution to reconvene meeting. III. PUBLIC HEARINGS, continued: (Each presentation is limited to testimony relative to this property and Zoning Code Sections noted below): 1:00 P.M. PHILIP B. STANTON and JENNIFER STANTON #5948. This is an Appeal based on an application for a building permit, to relocate an accessory barn building and after relocation and additions of the accessory barn, to use the barn as a game room, adding bathroom facilities and a fireplace. Applicants request: (a) an Interpretation of Section 280-121-C (formerly numbered 100-31-C); and (b) Variance concerning height of the accessory barn building, to be relocated and enlarged, at a height that exceeds the code limitation of eighteen (18) feet, (c) Reversal of the Building Inspector's July 14, 2006 Decision, which Building Inspector decision states that the use, after relocation, renovations, and conversion, is not permitted under the code as an accessory use. Location of Property: 522 Town Creek Lane, Southold; CTM 64-1-14.7. Page 3 – Agenda Regular Meeting: October 18, 2007 Southold Town Zoning Board of Appeals III. PUBLIC HEARINGS, continued: (Each presentation is limited to testimony relative to this property and Zoning Code Sections noted below): 1:25 P.M. GAMA PROPERTIES (formerly WAREX TERMINAL CORP.) #5906 as Amended. Requests for Variances under Sections 280-49 (100-102), 280-122 (100-242A based on Zoning Interpretation #5038-Walz Application), and 280-50C (100-103C), and for a Special Exception for a car wash facility (Section 280- 48B), based on the Building Inspector's amended September 21, 2007 Notice of Disapproval. The applicants propose to add a car wash with alterations to a building and to increase the length of the existing canopy. The reasons stated by the Building Inspector for disapproving the application for a building permit are: (1) following the proposed construction, the building will have a side yard setback at less than the code-required 25 feet; (2) following the proposed extension of the existing canopy, there will be an increase in the degree of nonconformance for the front yard setback from the Main Road - NYS Route 25; (3) following the proposed extension of the existing canopy, there will be an increase in size (as a single separate structure) that will exceed the code maximum of 60 linear feet of frontage on one street (Factory Avenue). Location of Property: CITGO Gas Station, Corner of Factory Avenue at 9945 Route 25 (a/k/a Main Road), Mattituck; CTM 142-1-27. Zone District: B-General Business. 1:40 P.M. 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. 2:00 P.M. 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. 2:20 P.M. KENNETH G. SCHEUBLEIN #6079. Request for Variances under Section 280-15, based on the Building Inspector's June 14, 2007 Notice of Disapproval concerning a proposed accessory garage and shed in an area other than the code-required rear yard, at 105 West Creek Avenue (also Pequash Avenue and Old Pasture Road), Cutchogue; CTM 103-13-20.1. 2:40 P.M. 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. (End of hearings, public meeting continues on next page) Page 4 – Agenda Regular Meeting: October 18, 2007 Southold Town Zoning Board of Appeals IV.RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Dates of Meetings (Remainder of 2007): 11/1 at 6 PM; 11/15 at 9:30 AM; 12/6 at 6 PM; 12/20 at 9:30AM. B. New business items (t/b/d). C. Resolution to accept for filing Minutes of ZBA 9/27/07 Special Meeting. D. Work Session Reviews; also Discussion: Application Submissions E. V. EXECUTIVE SESSION (litigation, t/b/d).