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HomeMy WebLinkAboutZBA-02/28/2008 Agenda AGENDA REGULAR MEETING THURSDAY, FEBRUARY 28, 2008 Time and Place of Meeting: 9:30 A.M. - Southold Town Hall, Court Room, 53095 Main Road, Southold. Call to Order by Chairman Gerard P. Goehringer. Pledge of Allegiance. I. STATE ENVIRONMENTAL QUALITY REVIEW: Resolution to determine Type II Actions (no further step required for dimensional variances, accessory special permits/Accessory Apartments, Bed and Breakfast Uses): KURT FREUDENBERG and JANET LATHEM #6121 PAUL and MAUREEN CACIOPPO #6127 SEROTA PROPERTIES #6125 GREG and KARMEN DADOURIAN #6131. JENNIFER and DAVID COLLINS #6123. MARJORIE DUNN #6122 ANTHONY E. and CAROL MITAROTONDO #6128. RICHARD and MARYLOU MANFREDI #6124. DONALD and JANIS ROSE #6130. DAVID FISHER #6126. HANS H. REIGER #6132. GEORGE THEODORAKOS #6133. THOMAS and MARGARET NOONE #6107 Other SEQRA Reviews coordinated to ZBA by Lead Agency and pending for reviews: HARBES FAMILY FARM, LLC #6106 II. PUBLIC HEARINGS (Please limit your presentation to five minutes, with testimony Page 2 – Agenda Regular Meeting - February 28, 2008 Southold Town Zoning Board of Appeals relative to this property and relative to zoning information and noted Code Sections): 9:30 A.M. KURT FREUDENBERG and JANET LATHEM #6121. Request for Variances under Section 280-124, based on the Building Inspector's November 28, 2007 Notice of Disapproval concerning the as-built location of an accessory shed and the proposed location of an accessory swimming pool, which will exceed the maximum code-permitted 20% lot coverage for all buildings and structures. Location of Property: Northerly Side of Lester’s Road (a private Right-of-Way off the east side of Westphalia Avenue), Mattituck; CTM 114-7-2.1. 9:40 A.M. PAUL and MAUREEN CACIOPPO #6127. Request for a Variance under Section 280-124, based on the Building Inspector's December 27, 2007 Notice of Disapproval concerning the location of an accessory in-ground swimming pool, which will exceed the code limitation of 20% lot coverage, at 735 Jackson Street, New Suffolk; CTM 117-9-6. POSSIBLE RESOLUTION REGARDING letters received requesting additional time (postponement) for opportunity to speak at another hearing date from adjacent landowners. 9:50 A.M. SEROTA PROPERTIES #6125. Request for a Variance under Section 280-85A(2), based on the Building Inspector's October 29, 2007 Notice of Disapproval concerning a proposed new ground sign, replacing the existing ground sign. The proposed sign will be greater than three square feet in total area with an additional allowance of 20% of the total for the name of the business center, at King Kullen Shopping Center, 31525 Main Road, Cutchogue; CTM 97-5-12. 10:00 A.M. GREG and KARMEN DADOURIAN #6131. Request for Variances under: (1) Section 280-124, and (2) Section 280-15, both based on the Building Inspector's December 28, 2007 Notice of Disapproval concerning the location of a new dwelling at less than 40 feet from the code-required minimum front yard setback, and for a swimming pool located in a side yard rather than the code required front yard or rear yard for this waterfront parcel, located at 695 Petty’s Drive at Long Island Sound, Orient; CTM 14-2- 23. 10:15 A.M. JENNIFER and DAVID COLLINS #6123. Request for Variances under Sections 280-122A, 280-124, and ZBA Code Interpretation #5039 (Walz Application), based on the Building Inspector's December 3, 2007 Notice of Disapproval concerning proposed alterations to the existing dwelling, which new construction constitutes an increase in the degree of nonconformity with the front yard setback at less than a minimum of 40 feet, at 6685 Oregon Road, Cutchogue; CTM 95-1-6. Page 3 – Agenda Regular Meeting - February 28, 2008 Southold Town Zoning Board of Appeals II. PUBLIC HEARINGS (Please limit your presentation to five minutes, with testimony relative to this property and relative to zoning information and noted Code Sections): 10:30 A.M. MARJORIE DUNN #6122. Location of Property: 300 Fay Court and Camp Mineola Road, Mattituck; CTM 123-5-11. The applicant is requesting the following Variances: A) under Sections 280-124 and 280-122 based on ZBA Code Interpretation #5029 (Walz Application) and the Building Inspector’s amended January 8, 2008 Notice of Disapproval concerning proposed additions and alterations to the existing building. The new construction will exceed the code limitation of 20% lot coverage, and with a proposed reduction in the front yard setback will be an increase the degree of front yard nonconformity (currently 18.7 feet average); B) to remove 10/23/1960 ZBA Condition under Variance #1293 (former owner Herman Pocher) concerning front, rear and side yard setback variances . 10:50 A.M. ANTHONY E. and CAROL MITAROTONDO #6128. Request for a Variance under Sections 280-15, based on the Building Inspector's January 7, 2008 Notice of Disapproval concerning a proposed accessory shed with a front yard setback at less than the code-required 50 feet and side yard setback at less than the code-required 15 feet, at 950 Little Peconic Bay Road, Cutchogue; CTM 111-14-15. 11:00 A.M. RICHARD and MARYLOU MANFREDI #6124. Request for Variances under Section 280-124, based on the Building Inspector's December 11, 2007 Notice of Disapproval concerning as-built and existing deck construction, proposed for reconstruction with enlargement resulting in a rear yard setback at less than 50 feet and single side yard setback at less than 15 feet, at 170 Hilltop Path, Southold; CTM 54-1-29. 11:20 A.M. DONALD and JANIS ROSE #6130. Request for Variances under Sections 280-15B and 280-124, based on the Building Inspector's January 7, 2008 amended Notice of Disapproval concerning the location of a new two- story accessory building at a height exceeding 18 feet to the top of the ridge, after removal of a building, and which new building is proposed at less than five (5) feet from the property line and with a lot coverage which exceeds the code limitation of 20% (existing 27.43% lot coverage). Location of Property: 145 King Street, Orient; CTM 1000-126-1-23. Page 4 – Agenda Regular Meeting - February 28, 2008 Southold Town Zoning Board of Appeals II. PUBLIC HEARINGS (Please limit your presentation to five minutes, with testimony relative to this property and relative to zoning information and noted Code Sections): 11:35 A.M. DAVID FISHER #6126. Request for a Variance under Section 280- 124, based on the Building Inspector's December 11, 2007 Notice of Disapproval concerning proposed additions to the existing single-family dwelling, which increase the lot coverage and exceed the code limitation of 20% lot coverage, at 2165 Old Orchard Road, East Marion; CTM 37-3-4.1. 11:55 A.M. HANS H. REIGER #6132. Request for a Variance under Sections 280-15C and 280-124, based on the Building Inspector's January 11, 2008 Notice of Disapproval concerning two accessory sheds (as-built) at less than 35 feet from the front yard lot line, at 370 Harbor Road (adjacent to Orient Harbor), Orient; CTM 1000-27-4-6. 12:05 P.M. GEORGE THEODORAKOS #6133. Request for a Variance under Section 280-15, based on the November 5, 2007 Notice of Disapproval concerning a proposed addition to the dwelling, which places the existing swimming pool partly in a side yard location: 1855 Rocky Point Rd, EM; 30-3- 8. 12:15 P.M. JOHN CORBLEY #6119 (carryover for final hearing). Additions to dwelling at 680 Mason Drive (Haywater Cove), Cutchogue; CTM 104-7-3. 12:35 P.M. THOMAS and MARGARET NOONE #6107. Request for Variances under Section 280-18 (Bulk Schedule), based on the Building Inspector's October 30, 2007 amended Notice of Disapproval concerning two lots proposed with an area of less than 40,000 square feet in and less than 150 feet of width (frontage) and less than 175 feet of depth in this R-40 Low- Density Residential Zone District, located along the westerly side of Sigsbee Road, commencing approximately 210 feet south of the Main Road, Mattituck; Map of Mattituck Park Properties; CTM 143-1-4.1. 1:00 P.M. Resolution to Recess (for break). 1:30 P.M. Resolution to Reconvene. Page 5 – Agenda Regular Meeting - February 28, 2008 Southold Town Zoning Board of Appeals II. PUBLIC HEARINGS, continued: 1:30 P.M. HARBES FAMILY FARM, LLC #6106. Location of Property: North Side of Sound Avenue and West Side of Hallock Lane (a private road), Mattituck; CTM 1000-120-1-4 containing 7.5 acres; CTM 1000-112-1-7.6 containing 8 acres. The applicant has applied for building permits the existing farm stand and a proposed change of use from farm buildings to a winery/tasting room. Requested are Variances based on the Building Inspector’s amended Notice of Disapproval dated February 6, 2008. The reasons stated for disapproving the building permit applications are as follows: The as-built additions and alterations to the existing farm stand constructed without a building permit prior to 1997 are not permitted, pursuant to the Code of the Town of Southold in place when the construction work was completed without a building permit, citing: 1) Article III, Section 100-31A.2(a)1, which states that all buildings for display and retail sales of agricultural and nursery products grown on premises shall not exceed one thousand (1,000) square feet in floor area. Also, major additions and alterations had been done increasing the size of the existing farm stand without a building permit, and in 1989 a certificate of occupancy was issued for a new farm stand measuring 14 ft. by 14 ft. in size, however, between 1989 and 1997, additions and alterations were made to that farm stand increasing its size from 14 ft. by 14 ft. in size to 2,441 square feet. 2) Article III, Section 100-31A2.(a)3, which states off-street parking as required in the parking schedule shall be provided and shall be approved by the Planning Board, and 3) Section 280-13A.(4)C, for the reasons that the winery structures shall be set back a minimum of 100 feet from a major road. The proposed conversion of existing farm buildings to winery buildings is not permitted, as the winery structures are required to be set back a minimum of 100 feet from a major road, and Buildings/Facilities 1, 2, 3, and 4 and other construction-buildings, are less than the 100 feet from Sound Avenue and less than 100 feet from Hallock Lane. 4) Section 280-13A.4(D), which states the winery shall obtain site plan approval. (End of public hearings, meeting continues) 2:30 P.M. RESOLUTION Motion by __, seconded by __, to enter into Executive Page 6 – Agenda Regular Meeting - February 28, 2008 Southold Town Zoning Board of Appeals Session. (Vote) III. EXECUTIVE SESSION (updates regarding litigation matters). IV. DELIBERATIONS/POSSIBLE DECISION/RESOLUTION: PH concluded 12/20 with extension to Feb. 28: th KENNETH G. SCHEUBLEIN #6079 regarding a proposed accessory garage and shed in an area other than the code-required rear yard, at 105 West Creek Avenue (at Pequash Ave. and Old Pasture Road), Cutchogue; CTM 103-13-20.1. PHs concluded on Jan. 24: th ROBERT and MARY KATE DIGREGORIO #6115. Request for Variances under Sections 280-15B, 280-15C, 280-124, based on the Building Inspector's October 15, 2007 amended Notice of Disapproval concerning a proposed accessory garage on this 16,586 square foot lot. The new garage is proposed at 22 feet in height in a location at less than 20 feet from the side lot line, and less than 35 feet from the front lot line, at 1000 Oak Street (at Pierce Drive), Cutchogue; CTM 136-1-36. SANDFORD and ELIZABETH FRIEMANN #6114. Request for Variances under Sections 280-116B and 280-124, based on the Building Inspector's amended November 26, 2007 Notice of Disapproval concerning proposed additions, swimming pool, and alterations to the existing single-family dwelling, which new construction: (a) will be less than 75 feet from the bulkhead adjacent to Cutchogue Harbor and (b) will exceed the code limitation of 20% maximum lot coverage. Location: 1165 Old Harbor Road, New Suffolk; CTM 117-3-8.4. FRANCIS J. COUTTS FAMILY TRUST by G. Hallenbeck III, Trustee #6098. Request for Lot Waiver to Unmerge. Location of Property: 10650 Sound Avenue at corner of Factory Avenue, Mattituck. CTM 142-1-3.2 and 3.3. KINGA CRARY #6108. This application concerns requests for additions and alterations to accessory building with: 1) proposed habitable space for studio workshop as shown in the proposed layout of the accessory building, (2) proposed nonconforming setbacks from the side and rear lot lines at less than three feet, and (3) proposed dormers exceeding 40% of the roof width. Location: 355 Skippers Lane, Orient; CTM 24-2-4. Page 7 – Agenda Regular Meeting - February 28, 2008 Southold Town Zoning Board of Appeals _ : ___ P.M. Motion by _, seconded by __, to return to the regular session (exiting Executive session), to continue with agenda items. (Vote) V. RESOLUTIONS/OTHER/UPDATES: A. Resolution to authorize advertising of complete applications, for public hearings to be held during a Regular Meeting of March 27, 2008 9:30 AM, Town Hall, Main Road, Southold. B. Resolution to set date of next Special Meeting: March 13 - 4:00 PM at th Town Hall Annex, NFB Building Main Road and Youngs Avenue, 2 Floor nd Executive Board Room, Southold. C. Resolution accepting Minutes of Meetings held February 7, 2008 Meeting and January 24, 2008 for filing. D. Other items continued from above Agenda, other continued reviews and updates for: LWRP Committee; Planning & Zoning Committee; Zoning Code Committee; Other. E. Update regarding End of the Road #6106 authorizing 60-day extension of time beyond 62-day period under NYTL. F. Update regarding K. Scheublein ZBA #6079 authorizing a 6-day extension of time beyond 62-day time period under NYTL, to February 28th. G. Information submitted from the Town Board requesting review and formation of a Town Department possible comments on the proposed of Environmental and Natural Resources.