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Home My WebLink AboutZBA-07/17/2008 Agenda ZBA AGENDA Prep. 7-8; upd 7-13 SPECIAL MEETING MONDAY, JULY 17, 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. 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. B. Resolution accepting written material submitted as of 7-7-08, for purposes of concluding the record and commencing deliberations in the following matter: 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. Page 2 – Agenda Special MeetingJuly 17, 2008 – Southold Town Zoning Board of Appeals II. CONTINUED DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS OR OTHER (No testimony; public hearings are concluded): C. Ref. PHs concluded 6/26: 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. 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. 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. 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. 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. 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 . Page 3 – Agenda Special MeetingJuly 17, 2008 – Southold Town Zoning Board of Appeals II. CONTINUED DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS OR OTHER (No testimony; public hearings are concluded): C. Ref. PHs concluded 6/26: 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. 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. III. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Resolution to accept ZBA Minutes of 6/26/08 Regular Meeting for filing. B. Discussions: 1. Planning & Zoning (Includes Code Committee Items). 2. Other Updates/Discussions, or other Committees: 3. Town Board Notices regarding Code Changes: __________ (t/b/d). C. Next Regular Meeting and Hearings: July 24, 2008 9:30 A.M. D. Notice of Town Board F.I. Meeting (annual) to be held 8/6/08 on Fishers Island. IV. EXECUTIVE SESSION (updates regarding pending litigation).