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Home My WebLink AboutZBA-05/29/2008 Agenda AGENDA Prep. 5/22/08 SOUTHOLD TOWN ZONING BOARD OF APPEALS REGULAR MEETING THURSDAY, MAY 29, 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): JERRY KALAS #6166. JOHN SCOURAKIS #6157. EVE SEBER and CARLO VOELKER # 6156 JAMES YOUNG #6163 ROBERT SWING #6159 JOSEPH and CAROLYN FERRARA #6160. DANIEL and PASQUALINA BERKOWITZ #6165. MICHAEL JUDGE #6158 PATRICIA AND THOMAS NADHERNY #6151 TERRANCE and SALLY McLAUGHLIN #6162 HENRY TRAENDLY and BARBARA A. CADWALLADER #6154. CARL JUUL-NIELSEN and PATRICIA CADAVID #6168. JAIME and NANCY SANTIAGO #6161. Page 2 – Agenda Meeting Date: May 29, 2008 Southold Town Zoning Board of Appeals II. DELIBERATIONS/POSSIBLE DECISION/RESOLUTION OR OTHER: 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. 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. JERRY KALAS #6166. Request for a Variance under Sections 280-122 and 280- 124, based on the Building Inspector's April 10, 2008 Notice of Disapproval, concerning an as-built addition with alterations to the existing single-family dwelling, which is less than 35 feet from the front yard lot line, at 995 Glen Court, Cutchogue; CTM 1000-83-1-10. 9:40 A.M. JOHN SCOURAKIS #6157. Request for Variances under Sections 280-124 and 280-116, based on the Building Inspector's March 17, 2008 Notice of Disapproval concerning a proposed new single-family dwelling (with a new foundation after demolition of the existing building), for the reasons that: (1) the setback from the top of the bluff adjacent to the Long Island Sound will be less than 100 feet; (2) the minimum code standards under Sections 280-9 and 280-10 require a minimum of 15 feet on a single side and minimum 35 feet combined side yard setbacks; and (3) the lot coverage will exceed the code limitation of 20% with a buildable lot size of 13,369 square feet. Location of Property: 955 Soundview Avenue Extension, Southold; CTM 1000-50-2-10 and 11, combined together as a single building lot. 9:55 A.M. EVE SEBER and CARLO VOELKER # 6156. Request for Variances under Section 280-114, based on the Building Inspector’s amended March 28, 2008 Notice of Disapproval, for the reason that the proposed second-story addition and alterations to the existing single-family dwelling will not meet the code-required minimum 15 feet on a single side yard and will exceed the code limitation of 20 percent for lot coverage. Location of Property: 3025 Pine Neck Road adjacent to Jockey Creek, Southold; CTM 1000-70-6-18. 10:05 A.M. JAMES YOUNG #6163. Location of Property: 35335 Route 25 (North Side), Orient; CTM 1000-19-2-11 existing with 87,171.7 square feet, and CTM 9.1 existing with 49,231 square feet. Request for Variances under Sections 280-12, 280-14, 280-15, based on the Building Inspector's April 23, 2008 amended Notice of Disapproval concerning: (1) a proposed lot line change between Lots 11 and 9.1 will result in a reduced lot size for Lot 9.1 from 49,231 square feet to 31,802 square feet, after deducting the square footage for the right-of-way easement, instead of the code- required 40,000 square feet; (2) additions and alterations are proposed for the existing barn for the proposed conversion from an accessory building to a single-family dwelling, which Page 3 – Agenda Meeting Date: May 29, 2008 Southold Town Zoning Board of Appeals will result in a proposed front yard setback at less than 50 feet (from the new division line in this lot line 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): change), and a single setback of less than 15 feet from the existing easterly side lot line; (3) the proposed in-ground swimming pool, deck and accessory pool house (Lot #1) is proposed in a front yard, rather than the code-required rear yard; (4) the new accessory pool house building is not permitted as proposed because it is deemed to be the same as a second dwelling unit. 10:25 A.M. ROBERT SWING #6159. Request for Variances under Section 280-124, based on the Building Inspector's March 27, 2008 Notice of Disapproval concerning a proposed (westerly) addition and alterations to an existing (nonconforming) dwelling with a single side yard at less than 10 fe3et, total side yards at less than 25 feet, and lot coverage exceeding the code limitation of 20%, at 4295 Bay Shore Road (land adjacent to Shelter Island Sound), Greenport; CTM 1000-53-6-24. 10:40 A.M. JOSEPH and CAROLYN FERRARA #6160. Request for a Variance under Section 280-105, based on the Building Inspector's April 8, 2008 Notice of Disapproval concerning proposed tennis-court fencing which will exceed the code limitation of four feet in height, when located in a front yard of a residential zone, at 2170 Maple Lane, Greenport; CTM 1000-38-8-1. 10:55 A.M. DANIEL and PASQUALINA BERKOWITZ #6165. Request for a Variance under Section 280-116B, based on the Building Inspector's April 11, 2008 amended Notice of Disapproval concerning a proposed swimming pool structure with patio at grade and a proposed rear porch addition to the dwelling, both proposed at less than 75 feet from the code-required minimum setback, measured to the existing bulkhead. Location: 3683 Pine Neck Road at Jockey Creek, Southold; CTM 1000-70-6-23. 11:10 A.M. MICHAEL JUDGE #6158. Request for a Variance under Section 280-15, based on the Building Inspector's April 7, 2008 Notice of Disapproval concerning an accessory swimming pool and accessory (pool house) building, proposed in a side yard rather than the code-permitted location in a front or rear yard, at 13007 Oregon Road, land adjacent to the Long Island Sound, Cutchogue; CTM 1000-83-2-11.14. 11:25 A.M. MATTITUCK PARK DISTRICT #6164. Request for a Variance under Section 280-15E, based on the Building Inspector's April 4, 2008 Notice of Disapproval concerning accessory sports lighting with poles exceeding the code height limitation of 18 feet (70 feet and 80 ft. high poles are proposed), at 350 Aldrich Lane, Mattituck (Aldrich Lane Athletic Fields), Laurel; CTM 1000-125-1-2.6 . Resolution to Recess until 1:15 P.M. Page 4 – Agenda Meeting Date: May 29, 2008 Southold Town Zoning Board of Appeals 1:15 P.M. Resolution to Reconvene. 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): 1:15 P.M. PAUL and CHERYL RAGUSA #6138. (Carryover from 3/27). 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. 1:35 P.M. PATRICIA AND THOMAS NADHERNY #6151. Request for a Variance under Section 280-122, based on ZBA #5039 Zoning Code Interpretation (Walz), and under Section 280-114, based on the Building Inspector's March 21, 2008 Notice of Disapproval concerning a proposed alterations to existing foundation without creating a new nonconforming, and for a second-story addition over the existing first floor of the single- family dwelling. The reason stated in disapproving the building permit is that the new construction is not permitted as an increase in the degree of existing easterly setback nonconformance which exists at less than 15 feet, at 1025 Pine Neck Road, land adjacent to Jockey Creek, Southold; CTM 70-5-34. 1:50 P.M. TERRANCE and SALLY McLAUGHLIN #6162. Request for a Variance under Section 280-15, based on the Building Inspector's April 18, 2008 Notice of Disapproval concerning additions and alterations to a nonconforming accessory garage located in a front yard, rather than the code-required rear yard, at 369 Old Salt Road and Bay Avenue) , Mattituck; CTM 144-5-9.1. 2:10 P.M. HENRY TRAENDLY and BARBARA A. CADWALLADER #6154. Request for Variances under Section 280-124, based on the Building Inspector's January 30, 2008 Notice of Disapproval concerning a proposed single-family dwelling, after demolition of an existing building, with a single side yard at less than the code required minimum of 10 feet, less than the required combined side yards of 25 feet, and less than 35 feet from the front yard lot line, at 13000 Main Road, East Marion adjacent to Gardiners Bay; CTM 31-14-11. 2:35 P.M. CARL JUUL-NIELSEN and PATRICIA CADAVID #6168. Request for Variances under Sections 280-122 and 280-124, based on the Building Inspector's May 5, 2008 Notice of Disapproval and ZBA Interpretation #5039 (Walz) concerning proposed additions and alterations to the existing single-family dwelling. The reasons for disapproving the applicant’s request for a building permit are that the new construction will constitute an increase in the degree of nonconformance when proposed with a minimum single side yard setback at less than 15 feet, and with total side yards at less than 35 feet. Location of Property: 1125 West Cove Road, Cutchogue; CTM 111-3-14. 2:45 P.M. JAIME and NANCY SANTIAGO #6161. Request for a Variance under Section 280-15, based on the Building Inspector's September 6, 2007 Notice of Disapproval Page 5 – Agenda Meeting Date: May 29, 2008 Southold Town Zoning Board of Appeals concerning a proposed swimming pool in a side yard rather than the code-required rear yard or code-permitted front yard on this lot fronting along Little Peconic Bay, at 3745 Nassau Point Road, Cutchogue; CTM 111-9-4.1. (End of public hearings, meeting continues) IV. DELIBERATIONS/POSSIBLE DECISION/RESOLUTION (from III above, t/b/d). V. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Resolution to authorize advertising of hearings for Regular Meeting to be held Thursday, June 26, 2008 9:30 AM, Town Hall, Main Road, Southold. B. Resolution to accept for filing the May 8, 2008 ZBA Minutes. C. Resolution to set Special Meeting for Thursday, June 12th, 2008 at 6:00 PM to be held at Town Hall Annex, NFB Building Main Road and Youngs Avenue, 2 Floor Executive nd Board Room, Southold. D. Other items continued from above Agenda, or other file updates (t/b/d): VI. EXECUTIVE SESSION (updates t/b/d regarding pending litigation).