HomeMy WebLinkAboutZBA-07/24/2008 Agenda
FINAL ZBA AGENDA
7-21; upd. 7-23 4:20 PM
REGULAR MEETING
THURSDAY, JULY 24, 2008
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 REVIEW DECLARATION:
Resolution to determine Type II Actions (no further step required for dimensional
variances, accessory special permits/Accessory Apartments, Bed and Breakfast
Uses):
J. and A. MAZUR #6176.
STEIN FAMILY TRUST #6179.
WILLIAM LUTKOWSKI #6185.
VINCENT and MAUREEN PAPA #6183.
PINE NECK HOLDINGS #6180.
GREGORY SCHWEITZER and STACEY SCHWEITZER #6184.
ARTHUR R. TORELL # 6182.
II. DELIBERATIONS/POSSIBLE DECISIONS
OR OTHER ACTION(No testimony):
A. PH testimony concluded 5/29 (
with written extension of time to 8 /7):
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 proposed alterations to existing foundation
Page 2 – Agenda
Regular Meeting – July 24, 2008
Southold Town Zoning Board of Appeals
without creating a new nonconformity, 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.
II. DELIBERATIONS/POSSIBLE DECISIONS
OR OTHER ACTION(No testimony):
B. Ref. PH concluded 6/26:
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 .
C. Ref. PH 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.
III. PUBLIC HEARINGS with reading of Legal Notice: (
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. J. and A. MAZUR #6176. Requests for Variances under Section
280-124, based on the Building Inspector's June 27, 2008 amended Notice of
Disapproval concerning a proposed deck addition to dwelling at less than 35
feet from the front lot line and proposed lot coverage exceeding the code
limitation of 20%, at 3200 Camp Mineola Road (and Fay Court), Mattituck;
CTM 123-5-36.2.
Page 3 – Agenda
Regular Meeting – July 24, 2008
Southold Town Zoning Board of Appeals
III. PUBLIC HEARINGS, continued, with reading of Legal Notice: (
Please limit your
presentation to five minutes, with testimony relative to this property and relative to zoning
information and noted Code Sections):
9:45 A.M. STEIN FAMILY TRUST #6179. Request for Variances under
Sections 280-15 and 280-124B, based on the Building Inspector's May 7, 2008
Notice of Disapproval concerning: (a) proposed additions and alterations to
the existing single-family dwelling with a new front yard setback at less than
the code-required 35 feet, (b) an addition to the existing accessory garage
which is required to be in the rear yard, (c) all new construction will exceed
the code limitation of 20% maximum lot coverage. Location: 2535 Cedar
Lane, East Marion; CTM 37-4-10.
10:00 A.M. WILLIAM LUTKOWSKI #6185. Request for a Variance under
Section 280-124 (setback schedule), based on the Building Inspector's April
18, 2008 Notice of Disapproval concerning a proposed new dwelling (after
demolition of the existing dwelling), proposed with front yard setback(s) at
less than 35 feet. Location of Property: 595 Pine Avenue and Birch Avenue,
Southold; CTM 77-2-25.
10:30 A.M. VINCENT and MAUREEN PAPA #6183. Request for a Variance
under Section 280-124, based on the Building Inspector's April 21, 2008
Notice of Disapproval concerning an as-built deck addition to the existing
single-family dwelling, which is less than the code required 50 ft. rear yard
setback, at 75 First Street, Laurel; CTM 126-10-9.5.
10:45 A.M. PINE NECK HOLDINGS #6180. Request for a Variance under
Section 280-116B, based on the Building Inspector's May 13, 2008 Notice of
Disapproval concerning a deck addition to the existing single-family dwelling
at less than 75 feet from the existing bulkhead, at 1475 Pine Neck Road,
Southold; CTM 70-5-40.
11:00 A.M. GREGORY SCHWEITZER AND STACEY SCHWEITZER #6184.
Request for a Variance under Section 280-15, based on the Building
Inspector's May 6, 2008 Notice of Disapproval concerning a proposed
accessory swimming pool in a yard other than the code-required rear yard, at
385 Wendy Drive, Laurel; CTM 127-8-9.
11:15 A.M. ARTHUR R. TORELL # 6182. Requests for Variances under
Sections 280-18 () and 280-124 (
Bulk Area ScheduleNonconforming Setback
), based on the Building Inspector's amended May 21, 2008 Notice of
Schedule
Disapproval concerning: (1) a proposed lot area with a new nonconformity of
19,028 square feet in size, instead of 21,458 square feet, resulting in the
remaining lot which will become more conforming at 27,196 square feet
instead of 24,756 square feet; and (2) a proposed single-family dwelling at less
than 40 feet from the rear lot line. Location: 365 Westwood Lane; CTM 33-2-
11 and 33-2-10.
Page 4 – Agenda
Regular Meeting – July 24, 2008
Southold Town Zoning Board of Appeals
Resolution to Recess, reconvening at 1:00 P.M.
* * *
1:00 P.M. Resolution to Reconvene Regular Meeting:
III. PUBLIC HEARINGS, continued, with reading of Legal Notice: (
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. GREG and KARMEN DADOURIAN #6131. (
Continued from 2/28 and
4/24 PHs for time for applicant’s attorney to submit additional information).
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.
1:30 P.M. Reserved Hearing (Carryover): HENRY TRAENDLY and BARBARA A.
CADWALLADER #6154. Requests for Variances under Section 280-124, based
on the Building Inspector's January 30, 2008 Notice of Disapproval
concerning a proposed single-family dwelling with one side yard at less than
the code required minimum of 10 feet, and with both side setbacks less than
the required combined total of 25 feet, and less than 35 feet from the front
yard lot line (after demolition of an existing building) at 13000 Main Road,
East Marion adjacent to Gardiners Bay; CTM 31-14-11.
2:00 P.M. Reserved for Carryover Hearing:
(Adjourned for time to submit
EVE SEBER and CARLO VOELKER
amended site map with proposed changes):
#6156. Requests 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 70-6-18.
2:30 P.M. Reserved for Carryover Hearing: JOHN SCOURAKIS #6157.
(
Adjourned from 5/29/08 for submission of possible amended site map with more
Request for Variances under Sections 280-124 and
conformity to the code).
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
Page 5 – Agenda
Regular Meeting – July 24, 2008
Southold Town Zoning Board of Appeals
280-10 require a minimum of 15 feet on a single side and minimum 35 feet
combined side yard setbacks; (3) the lot coverage will exceed the code
limitation of 20% with a buildable lot size of 13,369 square feet. Location:
955 Soundview Avenue Extension, Southold; CTM 50-2-10 and 11, combined
as a single building lot.
III. PUBLIC HEARINGS, continued, with reading of Legal Notice: (
Please limit your
presentation to five minutes, with testimony relative to this property and relative to zoning
information and noted Code Sections):
2:45 P.M. RESOLUTION TO ADJOURN WITHOUT A DATE: JOSEPH AND
CATHLEEN SHIPMAN #6173.
(Carryover hearing from 6/26 PH; Update from
applicant’s attorney 7/18 requesting additional time for new submission to building
Inspector, for review determination on different plan, and other steps as may be
necessary to complete application. Procedure if not resubmitted/withdrawn: returns
to status from 6/26 PH as an adjournment carryover for appearance by Building
This is currently an
Inspector regarding 2/26/08 Notice of Disapproval.)
application requesting 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)
(End of public hearings; Regular Meeting continues)
IV. RESOLUTIONS/UPDATED REVIEWS/OTHER:
A. Resolution to accept ZBA Minutes of 6/16/08 Special Meeting for filing.
B. Discussions:
Planning & Zoning (Code) Committee.
1.
2. Other Updates/Discussions, new business.
3. Town Board Notices regarding Code Changes: __________ (t/b/d).
C. Next Special Meeting: August 7, 2008 6 PM at Town Hall Annex (Bank)
Building Second Floor, Youngs Avenue, Southold.
D. Next Regular Meeting and Hearings: August 21, 2008 9:30 A.M. at Town
Hall (Court Room), 53095 Main Road, Southold.
E. Notice of Town Board F.I. Annual Meeting scheduled for Wed., August 6th.
V. EXECUTIVE SESSION ().
updates t/b/d regarding pending litigation