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Home My WebLink AboutZBA-06/26/2008 Agenda AGENDA REGULAR MEETING THURSDAY, JUNE 26, 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): MAUREEN HIGGINS #6172 MICHAEL and CAROL ANN SENDLEWSKI #6169 THOMAS and WENDY CARLEY #6171 THOMAS and KATHLEEN DESPAGNI #6174 JOSEPH AND CATHLEEN SHIPMAN # 6173 RICHARD and BETSY PERKINS #6177 SOUTHOLD PROPERTIES LLC/PRINCIPI PROPERTIES #6150 END OF THE ROAD, LLC #6013-B WILLIAM and JOANNE TURNBULL #6152 MICHAEL and SUSAN JEFFRIES #6167 CLAIRE and ROB RICCIO #6140 JOSEPH ZITO #6175. Page 2 – Agenda Regular Meeting Date: June 26, 2008 Southold Town Zoning Board of Appeals II. DELIBERATIONS/POSSIBLE DECISION/RESOLUTION OR OTHER: 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. 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 of Property: 3683 Pine Neck Road at Jockey Creek, Southold; CTM 1000-70-6-23. 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. MAUREEN HIGGINS #6172. Request for a Variance under Sections 280-122 and 280- 124, based on the Building Inspector's May 12, 2008 Notice of Disapproval and ZBA Zoning Code Interpretation #5039 (Walz), concerning revocation of BP #30548-Z and an application for a building permit to alter the existing single-family dwelling and to convert the carport into living space, for the reason that the construction will constitute an increase in the degree of front yard setback nonconformance, at 1500 Bay Shore Road, Greenport; CTM 53-4-32.1. 9:45 A.M. MICHAEL and CAROL ANN SENDLEWSKI #6169. Request for a Variance under Section 280-122, based on the Building Inspector's March 17, 2008 Notice of Disapproval and ZBA Zoning Code Interpretation #5039, for the reason that the proposed additions and alterations will place the existing accessory building in a side yard with more nonconformity (instead of the code-required rear yard). Location of Property: 270 Pequash Avenue, Cutchogue; CTM 102-3-5.1. 10:00 A.M. MARITIME DAY SCHOOL #6170. Request for a Special Exception under Section 280- 13-B(4) to establish a Nursery School at the existing (health club and office building, at 780 Depot Lane (and Main Road), Cutchogue; CTM 102-2-12.6. Zone District: Residential-Office. 10:15 A.M. THOMAS and WENDY CARLEY #6171. Request for a Variance under Section 280-124, based on th e Building Inspector's March 17, 2008 Notice of Disapproval concerning a proposed porch addition to the existing dwelling, which will be set back less than 40 feet from the front property line adjacent to the street, at 350 Wampum way, Southold; CTM 87-2-29. 10:30 A.M. THOMAS and KATHLEEN DESPAGNI #6174. Request for a Variance under Section 280-124, based on the Building Inspector's April 24, 2008 Notice of Disapproval concerning proposed additions to the existing single-family dwelling, which new construction will be less than 40 feet from the front lot line adjacent to the street, at: 805 Little Peconic Bay Road, Cutchogue (a/ka Lot 401 Nassau Point Club Properties Map of Section D filed 1926); CTM 111-11-23. Page 3 – Agenda Regular Meeting Date: June 26, 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): 10:45 A.M. JOSEPH AND CATHLEEN SHIPMAN # 6173. Requests for Variances under Section 280-13A(2-c), based on the Building Inspector's February 26, 2008 Notice of Disapproval concerning an application for a building permit to construct an agricultural storage building on an existing tree farm. The reasons stated for disapproving the application are: (1) the front yard setback is less than the code-required minimum of 50 feet, and (2) the side yard setback is less than the code required minimum of 20 feet. Location of Property: 20685 Route 25, Mattituck; CTM 108-3-5.5 (a/k/a Greenbriar Acres Subdivision Lot #1 filed 10/7/1977). 11:00 A.M. RICHARD and BETSY PERKINS #6177. Requests for Variances under Section 280-15, based on the Building Inspector's amended May 1, 2008 Notice of Disapproval concerning a proposed accessory garage which will: (1) exceed the code limitation of 22 feet in height maximum, and (2) exceed the code limitation of 750 square feet maximum on a lot measuring 42,750 square feet in size. Location: 305 Ole Jule Lane, Mattituck; CTM 114-12-14.2 . Resolution to Recess until 1:00 P.M. * * * 1:00 P.M. Resolution to Reconvene Regular Meeting: 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): 1:00 P.M. SOUTHOLD PROPERTIES LLC/PRINCIPI PROPERTIES #6150. Requests for Variances under Sections 280-56 and 280-116B, based on the applicant’s request for a building permit and the Building Inspector's amended March 25, 2008 Notice of Disapproval concerning as-built construction set back less than 25 feet from the westerly side lot line and proposed deck construction at less than 75 feet from the bulkhead adjacent to tidal water, at 64300 Route 25 (a/k/a Main Road, formerly Mill Creek Inn), Greenport; CTM 56-7-2. District: M-II Marine Zone. 1:20 P.M. END OF THE ROAD, LLC #6013 as amended. Request for Variances under Sections 280-49, 280-50 (A and C), and 280-78B-I, based on the Building Inspector's amended May 2, 2008 Notice of Disapproval concerning proposed construction of two buildings, with retail, office and bank space in the B-General Business Zone District. The reasons for disapproving the building permit application are: (1) a building is proposed with a single side yard of less than 25 feet and set back at less than 75 feet from the right-of-way; (2) a building is proposed at less than 75 feet from the right-of-way and will be greater than the code limitation of 60 linear feet in width; (3) 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 new construction is proposed after demolishing the existing buildings. Location of Property: 11500/11600/11700 Main Road/Route 25 (formerly Law Offices and Mattituck Beverage) and a private road known as John’s Road, Mattituck; CTM 122-3-17.1 (formerly 1.2, 2, 5.1 and 17). 1:40 P.M. WILLIAM and JOANNE TURNBULL #6152. Requests for Variances under Sections 280- 15F, 280-116, 280-124, based on the Building Inspector's amended May 6, 2008 Notice of Disapproval for a proposed new dwelling, swimming pool and shed construction proposed at: (1) Page 4 – Agenda Regular Meeting Date: June 26, 2008 Southold Town Zoning Board of Appeals less than 100 feet from the top of the bluff adjacent to the L.I. Sound; (2) less than the code- required minimum 15 ft. side yard (new dwelling); (3) side yard location and setback at less than 40 feet from the front yard lot line (swimming pool and shed); and (4) lot coverage in excess of the code limitation of 20% (all construction). Location: 54005 North Road, Southold; CTM 52-1-10 and 1 (combined as one). 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): 2:00 P.M. MICHAEL and SUSAN JEFFRIES #6167. Request for a Variance under Section 280- 116A(1), based on applicant’s filing of a building permit application and the Building Inspector's April 30, 2008 Notice of Disapproval concerning a proposed accessory in-ground swimming pool and retaining wall at less than 100 feet from the top of the bluff adjacent to Block Island Sound, near the Easterly End of East End Road at Fishers Island; CTM 1-2-11. 2:25 P.M. CLAIRE and ROB RICCIO #6140. Requests for Variances under Sections 280-15 and 280-116B, based on the Building Inspector's amended February 6, 2008 Notice of Disapproval concerning proposed new construction. The reasons stated in the disapproval of the building permit application are: (1) the proposed new dwelling construction will be less than 75 feet from the bulkhead, (2) the proposed swimming pool will be in a side yard instead of a code-required rear yard; and (3) in addition, the applicants request a Variance under New York Town Law, Section 280-a to determine the need for base improvements and clearance within the right-of-way easement giving access to this property from Indian Neck Lane. Location of Property: Private Right-of-Way extending from the Southerly Side of Indian Neck Road (House #6512), Peconic; CTM 98-6-1. 2:45 P.M. JOSEPH ZITO #6175. Request for a Variance under Sections 280-122A and 280-124 (formerly 100-244), based on the Building Inspector's April 8, 2008 Notice of Disapproval, and ZBA Code Interpretation #5039 (Walz), the applicant proposes to build a second-story addition to the existing single-family dwelling, which new construction will be set back less than 35 feet from the front lot line, at 3600 Deep Hole Drive, Mattituck; CTM 115-17-8. (End of public hearings; Regular Meeting continues) IV. DELIBERATIONS/POSSIBLE DECISION/RESOLUTION (from II above, t/b/d). V. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Resolution to authorize advertising of hearings for Regular Meeting to be held Thursday, July 24, 2008 9:30 AM, Town Hall, Main Road, Southold. Carryovers also to July 24 Agenda will be: th B. Resolution to accept for filing the ZBA May 29, 2008 Meeting Minutes. C. Resolution to set Special Meeting for Thursday, July 17th, 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. (Carryover Agenda Items for deliberations to July 17 Meeting th from May 29 Agenda to be included.) D. Other items continued from above Agenda, or other file updates (t/b/d): VI. EXECUTIVE SESSION (updates t/b/d regarding pending litigation).