HomeMy WebLinkAboutZBA-03/27/2008 LN
LEGAL NOTICE
SOUTHOLD TOWN ZONING BOARD OF APPEALS
THURSDAY, MARCH 27, 2008
PUBLIC HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280
(Zoning), Code of the Town of Southold, the following public hearings will be held by the
SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box
1179, Southold, New York 11971-0959, on THURSDAY, MARCH 27, 2008:
9:30 A.M. CHRISTOPHER and ELIZABETH GRASECK #6135. Request for Variances under
Sections 280-116 and 280-124, based on the Building Inspector's February 5, 2008 amended
Notice of Disapproval concerning a new single-family dwelling (after demolition of the
existing dwelling) for the reasons that the new construction will be: (a) less than 25 feet on
a single side yard, and (b) less than 25 feet for total side yard setbacks, and (c) less than
the code-required 100 feet from the bank or bluff landward of the shore or beach of the Long
Island Sound. Location of Property: 1910 Leeton Drive, Southold; CTM 58-2-12.
9:40 A.M. JSC RESOURCES by James Zizzi, President #6137. Request for a Variance under
Section 280-15, based on the Building Inspector's February 11, 2008 Notice of Disapproval
concerning an as-built accessory swimming pool situated in a side yard rather than the code-
required rear yard, at 3190 Haywaters Road, Cutchogue; CTM 111-11-13.
9:55 A.M. PAUL and CHERYL RAGUSA #6138. Request for Variances under Sections 280-15
and 280-116, based on the Building Inspector's February 11, 2008 Notice of Disapproval
concerning a proposed accessory swimming pool and raised terrace structures at less than
100 feet from the top of the bluff, and side yard location for the swimming pool rather than a
code-required yard, at 1600 Hyatt Road, Southold; CTM 50-1-6.
10:10 A.M. FRANK and ANTOINETTE NOTARO #6136. Request for a Variance under Section
280-15, based on the Building Inspector's January 22, 2008 Notice of Disapproval concerning
the proposed location of a swimming pool at the side of deck with hot tub addition and
partly in the code-permitted rear yard. Location of Property: 625 Calves Neck Road,
Southold; CTM 63-7-30.1.
10:25 A.M. RICHARD and PAMELA FRERKING #6141. This is a request for a Special
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Exception under Southold Town Zoning Code Article III, Section 280-13B(14), sub-sections a-
d. The Applicant/Owner proposes a Bed and Breakfast accessory use in their residence,
incidental to their occupancy as a single-family dwelling use, with up to three guest
bedrooms for lodging and serving of breakfast to not more than ten (10) casual, transient
roomers. Location of Property: 235 Lilac Lane, Cutchogue; Lot 117 on the Map of Nassau
Farms; CTM 104-1-20.
10:40 A.M. ROBERT F. and PATRICIA FRIEMANN #6139. Request for Variances under
Sections 280-116B and 280-124, based on the Building Inspector's November 19, 2007 Notice
of Disapproval concerning proposed partial demolition of an existing dwelling, and proposing
new construction for alterations and additions to the dwelling at less than the code-required
minimum of 15 feet on a single side yard, and less than 75 feet from the bulkhead or
retaining wall, adjacent to the shoreline of Little Creek. Location of Property: 2935 Pine
Tree Road, Cutchogue; CTM 104-3-8.
11:00 A.M. KAREN MAZZAFERRO (formerly Karen Miller) #6134. Request for a Variance
under Section 280-14, based on the Building Inspector's December 17, 2007 Notice of
Disapproval concerning a proposed lot (#1) proposed with a lot width at less than the code-
required 150 feet in this pending three-lot Minor Subdivision, located at 1450 Horton Lane,
Southold; CTM 63-1-12; Zone District R-40 Low-Density Residential.
11:05 A.M. THOMAS and PAULETTE GIESE #6143. Request for a Variance under Section
280-122, based on the Building Inspector's January 18, 2008 Notice of Disapproval and ZBA
Code Interpretation #5039 (Walz) concerning proposed additions and alterations to an
existing single-family dwelling maintaining the existing front yard setback, for the reason
that the new construction will increase the degree of setback nonconformance when located
less than 50 feet from the front yard line, at 90 Sterling Road, Cutchogue; CTM 104-4-4.1.
11:15 A.M. JOANNE and JOHN GOUVEIA #6144. Request for Variances under Section 280-
124, based on the Building Inspector's Notice of Disapproval concerning proposed addition
and alterations to the existing single-family dwelling, which new construction will result in a
setback at less than the code-required 35 feet from the front yard lot line and increase in lot
coverage exceeding the code limitation of 20%, at 55405 County Road 48 (a/k/a North
Road), Southold; CTM 44-1-11.
11:30 A.M. DAVID FISHER #6126. Request for Variances under Section 280-124, based on
the Building Inspector's Notice of Disapproval concerning proposed additions to the existing
single-family dwelling, which new construction will be less than 35 feet from the rear yard
lot line, less than 35 feet from the front yard lot line, and with lot coverage in excess of the
code maximum limitation of 20%, at 2165 Old Orchard Road, East Marion; CTM 37-3-4.1.
11:50 A.M. LIA POLITES and KEVIN FERRO #6129. Location of Property: 300 Jackson
Street, New Suffolk; CTM 117-10-2. The Applicants propose renovations/alterations,
additions, and expansion of the existing accessory cottage building and in this Appeal
requesting the following:
1) Reversal of the Building Inspector’s November 8, 2007 Notice of Disapproval which
states that the accessory cottage use is nonconforming and constitutes a second
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dwelling unit, citing Section 280-121A, which provision states: Such nonconforming
use of buildings … may be continued indefinitely, except that such building or use (A)
shall not be enlarged, altered, extended, reconstructed or restored or placed on a
different portion of the lot or parcel of land occupied by such use on the effective date
of this chapter, nor shall any external evidence of such use be increased by any means
whatsoever, and Notice of Disapproval citing Section 100-31A, which provision states:
“In A-C, R80 Districts, no building or premises shall be used and no building or part of
a building shall be erected or altered which is arranged, intended or designed to be
used, in whole or in part, for any uses except the following: A. Permitted uses. One-
family detached dwellings, not to exceed one dwelling on each lot”;
2) Interpretation to deal with this preexisting residential use in a residential zone,
applying Code Section 280-122, Nonconforming Buildings with Conforming Uses,
which states: A. Nothing in this article shall be deemed to prevent the remodeling,
reconstruction or enlargement of a nonconforming building containing a conforming
use, provided that such action does not create any new nonconformance or increase
the degree of nonconformance with regard to the regulations pertaining to such
buildings; B. Reconstruction of a damaged building. (1) A nonconforming building
containing a conforming use which has been damaged by fire or other causes to the
extent of more than 50% of its fair value shall not be repaired or rebuilt unless such
building is made substantially to conform to the height and yard requirements of the
Bulk Schedule, (2) Application for a permit to build or restore the damaged portion of
any building damaged or destroyed as set forth in Subsection B(1) above shall be filed
within one year of the date of such damage and shall be accompanied by plans for
reconstruction which, as to such portion, shall comply with the requirements set
forth above. If such permit is issued, it shall lapse one year thereafter unless
reconstruction in accordance with the approved plans has been initiated;
3) Alternatively, Variances based on the Building Inspector’s November 8, 2007
Notice of Disapproval under Section 280-121A and Section 100-31A, denied for the
reasons that the accessory cottage use is nonconforming and constitutes a second
dwelling unit, and as such may not be enlarged, altered, extended, reconstructed or
restored or placed on a different portion of the lot…nor shall any external evidence of
such use be increased by any means whatsoever as a second dwelling unit.
12:15 P.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.
12:30 P.M. SPYRO AVDOULOS #6145. (1) This is an Appeal of the February 29, 2008 Stop
Work Order issued under Section 144-13 of the Town Code, which Order states that recent
construction work has gone beyond the scope of permit, and (2) an Appeal requesting a
Variance under Section 280-116A, based on the Building Inspector's amended March 6, 2008
Notice of Disapproval and applicant’s request to amend Building Permit #33677 for dwelling
reconstruction (additions and alterations) and replacement of easterly foundation. The
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Building Inspector states that the demolition and reconstruction at this nonconforming
28,149 square foot parcel in the R-40 District is not permitted under Section 280-116A(1),
for the reason that all buildings or structures located on lots adjacent to sounds and upon
which there exists a bluff or bank landward of the shore or beach shall be set back not fewer
than 100 feet from the top of the bluff or bank (adjacent to the Long Island Sound). The
building Inspector also states a variance was issued under ZBA #6060 for alterations and
additions to a single-family dwelling, following this, and that applicant intends to
reconstruct the dwelling and replace the easterly foundation wall. Location of Property:
54985 C.R. 48 (a/k/a North Road), Greenport; CTM 1000-
The Board of Appeals will hear all persons, or their representatives, desiring to be
heard at each hearing, and/or desiring to submit written statements before the conclusion of
each hearing. Each hearing will not start earlier than designated above. Files are available
for review during regular business hours and prior to the day of the hearing. If you have
questions, please do not hesitate to contact our office at (631) 765-1809, or by email:
Linda.Kowalski@Town.Southold.ny.us .
Dated: March 14, 2008. ZONING BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
By Linda Kowalski
54375 Main Road (Office Location)
53095 Main Road (Mailing/USPS)
P.O. Box 1179
Southold, NY 11971-0959