HomeMy WebLinkAboutZBA-06/16/2008 Agenda
Prep. 6-13 noon ZBA AGENDA
SPECIAL MEETING
MONDAY, JUNE 16, 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 REVIEW (new reviews pending).
II. DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS OR OTHER (No testimony; public
hearings are concluded):
A. PH testimony concluded 5/29.
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.
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 will result in
a proposed front yard setback at less than 50 feet (from the new division line in this lot
line 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;
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(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.
II. DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS OR OTHER (No testimony; public
hearings are concluded):
A. PH testimony concluded 5/29:
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.
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.
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.
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.
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 .
The following application(s) are expected to be carried to the June 26, 2008 Agenda
pending reviews of documents recently submitted (testimony was concluded subject to more
information which was received 6/13):
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.
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II. DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS OR OTHER (No testimony; public
hearings are concluded):
A. PH testimony concluded 5/29.
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.
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.
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.
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 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.
III. RESOLUTIONS/UPDATED REVIEWS/OTHER:
A. Resolution to accept ZBA Minutes of 5/29/08 Meeting for filing.
B. Discussions:
Letter requesting an earlier hearing date for new filing under # 6189 (Avdoulos).
1.
Planning & Zoning (Includes Code Committee Items).
2.
3. Other Updates/Discussions, or other Committees:
4. Code Change Public Hearing July 1st: Farm Stands, Ch 72
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C. Next Regular Meeting and Hearings: June 26, 2008 9:30 A.M. (published 6/5/08).
IV. EXECUTIVE SESSION (updates regarding pending litigation).