HomeMy WebLinkAboutZBA-03/27/2008 Agenda
AGENDA
REGULAR MEETING
THURSDAY, MARCH 27, 2008
9:30 A.M.
Place of Meeting: Southold Town Hall, Meeting Hall-Court Room, 53095 Main Road, Southold.
Call to Order by Chairman Gerard P. Goehringer. Pledge of Allegiance.
I. STATE ENVIRONMENTAL QUALITY REVIEWS:
A. Resolution to determine Type II Actions (no further step required for dimensional
variances, accessory special permits/Accessory Apartments, Bed and Breakfast Uses):
CHRISTOPHER and ELIZABETH GRASECK #6135
JSC RESOURCES #6137
PAUL and CHERYL RAGUSA #6138
FRANK and ANTOINETTE NOTARO #6136
RICHARD and PAMELA FRERKING #6141
ROBERT F. and PATRICIA FRIEMANN #6139
KAREN MAZZAFERRO #6134
THOMAS and PAULETTE GIESE #6143
JOANNE and JOHN GOUVEIA #6144
LIA POLITES and KEVIN FERRO #6129
SPYRO AVDOULOS #6145
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Special Meeting – March 13, 2008
Southold Town Zoning Board of Appeals
B. Other SEQRA Reviews coordinated to ZBA by Lead Agency and pending for reviews:
HARBES FAMILY LLC ZBA # 6106 (pending agency reviews)
END OF THE ROAD LLC ZBA #6013 (pending agency reviews)
ROMANELLI REALTY ZBA #6100 (awaiting information per Notice of Disapproval)
II. DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS OR OTHER:
TABLED PH concluded 1/24/08 with extension to 4/11 by applicant’s letter:
KINGA CRARY #6108. Proposed 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.
TABLED PH concluded 12/20/07 with extension to 6/19 by applicant’s letter:
END OF THE ROAD, LLC #6013. Request for Variances under Sections 280-49 and 280-
78B-I, based on the Building Inspector's November 19, 2007 amended Notice of Disapproval
concerning proposed construction of two buildings (with retail, office and bank space in this
B-General Business Zone District. The reasons for disapproving the building permit
application are: (1) one of the two buildings will be less than 25 feet from the side property
line, after demolition of existing buildings, and (2) the accessory parking area is located in
an R-40 Residential Zone District, which the code states is permitted upon approval of the
Board of Appeals under Section 280-78-B-I. The existing buildings are proposed to be
demolished. Location of Property: 11500/11600/11700 Main Road (NYS Route 25) and
John’s (private) Road, Mattituck; CTM 122-3-1.2, 2, 5.1 and 17.
PH held 10/18/07 and adjourned by applicant’s attorney.
PHILLIP AND JENNIFER STANTON. BOARD RESOLUTION confirming that this application
is WITHDRAWN, as per applicant’s attorney letter dated March 20, 2008.
III. PUBLIC HEARINGS: (Please limit your presentation to five minutes, with testimony
relative to this property and relative to zoning information and noted Code Sections):
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:
1910 Leeton Drive, Southold; CTM 58-2-12.
BOARD RESOLUTION also to consider request from
adjacent landowner requesting adjournment (next hearing calendars would be either: April 24, 2008 or
May 29, 2008).
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Special Meeting – March 13, 2008
Southold Town Zoning Board of Appeals
III. PUBLIC HEARINGS, continued: (Please limit your presentation to five minutes, with
testimony relative to this property and relative to zoning information and noted Code
Sections):
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 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.
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Special Meeting – March 13, 2008
Southold Town Zoning Board of Appeals
III. PUBLIC HEARINGS, continued: (Please limit your presentation to five minutes, with
testimony relative to this property and relative to zoning information and noted Code
Sections):
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. (Reopened by 3/13 Board Resolution, based on new
circumstances submitted by applicant). 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 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
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Special Meeting – March 13, 2008
Southold Town Zoning Board of Appeals
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.
III. PUBLIC HEARINGS, continued: (Please limit your presentation to five minutes, with
testimony relative to this property and relative to zoning information and noted Code
Sections):
12:15 P.M. DONALD and JANIS ROSE #6130. (Reopened by 3/13 Board Resolution, based on
proposed additional questions by Members). 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 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 1000-44.-1-5.
(End of public hearings, meeting continues)
IV. DELIBERATIONS/POSSIBLE DECISION/RESOLUTION (carried from earlier today).
V. RESOLUTIONS/UPDATED REVIEWS/OTHER:
A. Resolution to authorize advertising of hearings for Regular Meeting to be held April 24,
2008 9:30 AM, Town Hall, Main Road, Southold.
B. Resolution to accept Minutes of March 13, 2008 ZBA Meeting for filing.
C. Resolution to set Special Meeting for April 10, 2008 at 6:00 PM to be held at Town Hall
Annex, NFB Building Main Road and Youngs Avenue, 2 Floor Executive Board Room,
nd
Southold.
D. Other items continued from above Agenda, or other file updates (t/b/d).
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Southold Town Zoning Board of Appeals
(updates, if any, regarding pending litigation).
VI. EXECUTIVE SESSION