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Home My WebLink AboutZBA-04/24/2008 Agenda AGENDA SOUTHOLD TOWN ZONING BOARD OF APPEALS REGULAR MEETING THURSDAY, APRIL 24, 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 EVELYN CONKLIN #6155 JOHN VAN GELDER #6148 DONALD HOHN #6149 JAMES MESKOURIS #6142 CJC1 CORP. #6146 MICHAEL KENIN #6153 II. DELIBERATIONS/POSSIBLE DECISION/RESOLUTION OR OTHER: 3/27 PH (concluded): 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 2 – Agenda Meeting Date: APRIL 24, 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): 9:30 A.M. PAULETTE GARAFALO and THOMAS GIESE - ZBA #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 which will result in an increase in the degree of the existing front yard setback nonconformance, at less than 50 feet. Location: 90 Sterling Road, Cutchogue; CTM 104-4-4.1. 9:40 A.M. CHRISTOPHER and EVELYN CONKLIN - ZBA # 6155. Request for a Variance under Section 280-116B, based on the Building Inspector's April 2, 2008 Notice of Disapproval concerning proposed additions and alterations to the existing dwelling which will be less than 75 feet from the bulkhead, at 3400 Ole Jule Lane at James Creek (dredged canal), Mattituck; CTM 1000-122-4- 20.1. 9:50 A.M. JOHN VAN GELDER - ZBA #6148. Request for a Variance under Section 280-124, based on the Building Inspector's January 16, 2008 Notice of Disapproval concerning a proposed new dwelling, after demolition of the existing building, with front yard setbacks at less than the code-required 35 feet. Location of Property: 10 Hickory Road and Chestnut Road, Southold; CTM 54-6-14. 10:05 A.M. DONALD HOHN – ZBA #6149. Request for Variances under Sections 280-15 and 280- 124, based on the Building Inspector's March 17, 2008 amended Notice of Disapproval concerning a proposed new dwelling and accessory shed structure for the following: (a) the new construction will exceed the code limitation of 20% for lot coverage; (b) the new dwelling is proposed at less than 35 feet from the front yard lot line; (c) the proposed shed will be in a side yard rather than the code-required rear yard, at 945 East Gillette Drive, East Marion; CTM 38-3-2. 10:20 A.M. JAMES MESKOURIS - ZBA #6142 Request for a Variance under Section 280-124, based on the Building Inspector's March 25, 2008 amended Notice of Disapproval concerning proposed additions and alterations to the existing single-family dwelling, which new construction will result in a lot coverage exceeding the code limitation. Location of Property: 1350 Sound Beach Drive, Mattituck; CTM 106-1-36.1 (formerly 36). 10:40 A.M. CJC1 CORP. – ZBA #6146. Request for a Variance under Section 280-50C, based on the Building Inspector's January 11, 2008 amended Notice of Disapproval concerning a proposed business building (retail business and contractor’s yard) in this B-General Business Zone District, which building will have frontage greater than 60 linear feet along the street. Location of Property: 74495 Route 25, Greenport; CTM 1000-45-4-4.1 . 10:55 A.M. MICHAEL KENIN – ZBA #6153. Request for a Variance under Section 280-124, based on the Building Inspector's March 10, 2008 Notice of Disapproval concerning proposed additions to the existing single-family dwelling at less than the code-required 35 ft. minimum front yard setback, at 420 Lake View Drive, at Marion Lake, East Marion; CTM 31-9-11 . Page 3 – Agenda Meeting Date: APRIL 24, 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): 11:05 A.M. LIA POLITES and KEVIN FERRO ZBA #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 (under Section 280-122) 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 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. 12:00 P.M. Resolution to Recess. 1:00 P.M. Resolution to Reconvene. Page 4 – Agenda Meeting Date: APRIL 24, 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): 1:10 P.M. KURT FREUDENBERG and JANET LATHAM - ZBA #6121 (PH held 2/28/08. Attorney’s letter confirms amendment that withdraws request for swimming pool, requesting shed variance. Location of Property: Lester’s Road, a private Right-of-Way off the east side of Westphalia Avenue, Mattituck; CTM 114-7-2.1 . 1:20 P.M. PAUL and MAUREEN CACIOPPO - ZBA #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. 1:35 P.M. GREG and KARMEN DADOURIAN - ZBA # 6131 Carryover from 2/28/08. 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. (End of public hearings, meeting continues) IV. DELIBERATIONS/POSSIBLE DECISION/RESOLUTION (hearings concluded, above) (t/b/d). V. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Resolution to authorize advertising of hearings for Regular Meeting to be held May 29, 2008 9:30 AM, Town Hall, Main Road, Southold. B. Resolution to accept Minutes of March 27, 2008 ZBA Meeting for filing. C. Resolution to set Special Meeting for May 8, 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): Discussion regarding proposed Rules of Procedure concerning new Requests for Adjournments, to be determined by the Board on a case-by-case basis after receiving reasons in writing and type of testimony to be offered. VI. EXECUTIVE SESSION (updates, if any, regarding pending litigation).