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Home My WebLink AboutZBA-04/10/2008 Agenda Updated 4-8 AGENDA SPECIAL MEETING THURSDAY, APRIL 10, 2008 Time and Place of Meeting: 6:00 P.M., Southold Town Annex Building (Capital One-North Fork Bank), Second Floor, Executive Board Room, 54375 Main Road, Southold. Call to Order by Chairman Gerard P. Goehringer. I. STATE ENVIRONMENTAL QUALITY REVIEWs: (None; reviews pending) II. DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS OR OTHER (No testimony; public hearings are concluded): A. TABLEwith extension to 5/11 by applicant’s architect’s letter (PH was concluded : 1/24/08 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. B. TABLE with extension to 6/19 by applicant’s letter (PH was concluded 12/20/07): 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. DELIBERATIONS/DECISIONS: PHs concluded 3/27: JSC RESOURCES #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. Page 2 – Agenda Special Meeting – April 10, 2008 Southold Town Zoning Board of Appeals II. DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS OR OTHER (No testimony; public hearings were concluded 3/27): 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: 625 Calves Neck Road, Southold; CTM 63-7-30.1. 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: 235 Lilac Lane, Cutchogue; Lot 117 on the Map of Nassau Farms; CTM 104-1-20. 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 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 bulkhead/retaining wall, adjacent to the shoreline of Little Creek. Location: 2935 Pine Tree Road, Cutchogue; CTM 104-3-8. 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. 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. 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. 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 Page 3 – Agenda Special Meeting – April 10, 2008 Southold Town Zoning Board of Appeals 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 126-1-23. 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. 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. OTHER/RESOLUTION: RESOLUTION TO REOPEN ZBA #6129, based on letter received from the applicant’s attorney and letter from the attorney for the eastern adjacent property, and advertising this application for a public hearing to be held April 24, 2008 (as per Code): LIA POLITES and KEVIN FERRO #6129. (PH held 3/27/08). 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 Page 4 – Agenda Special Meeting – April 10, 2008 Southold Town Zoning Board of Appeals 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. III. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Resolution to accept Minutes of 3/27/08 ZBA Meeting for filing. B. Discussions regarding inspection updates, or other updates on: LWRP Committee Planning & Zoning Committee Zoning Code Committee IV. EXECUTIVE SESSION (updates, if any, regarding pending litigation).