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Home My WebLink AboutZBA-09/04/2008 Agenda ZBA AGENDA SPECIAL MEETING THURSDAY, SEPTEMBER 4, 2008 4:00 P.M. Place of Meeting: 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 DECLARATION: (None; new reviews pending). II. DELIBERATIONS/POSSIBLE DECISIONS OR OTHER ACTION (No oral testimony): z PHs held 8/21: LIA POLITES and KEVIN FERRO #6129 as Amended. ( Additional written ). Location of Property: 300 Jackson information added to the file since 4/24 PH Street, New Suffolk; CTM 117-10-2. The Applicants propose renovations/alterations, additions, and expansion of the existing accessory cottage building and in this Appeal (as amended) request the following: 1) Reversal of the Building Inspector’s November 8, 2007 Notice of Disapproval which states that the accessory cottage use is nonconforming and constitutes a second dwelling unit, citing Section 280-121A, which provision states: Such nonconforming use of buildings … may be continued indefinitely, except that such building or use (A) shall not be enlarged, altered, extended, reconstructed or restored or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever, and Notice of Disapproval citing Section 100-31A, which provision states: “In A-C, R80 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. One-family detached dwellings, not to exceed one dwelling on each lot”; Page 2 – Agenda Special Meeting – September 4, 2008 Southold Town Zoning Board of Appeals 2) Interpretation to deal with this preexisting residential use in a residential zone, applying Code Section 280-121A and/or 280-122, Nonconforming Buildings with Conforming Uses, which states: A. Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings; B. Reconstruction of a damaged building. (1) A nonconforming building containing a conforming use which has been damaged by fire or other causes to the extent of more than 50% of its fair value shall not be repaired or rebuilt unless such building is made substantially to conform to the height and yard requirements of the Bulk Schedule, (2) Application for a permit to build or restore the damaged portion of any building damaged or destroyed as set forth in Subsection B(1) above shall be filed within one year of the date of such damage and shall be accompanied by plans for reconstruction which, as to such portion, shall comply with the requirements set forth above. If such permit is issued, it shall lapse one year thereafter unless reconstruction in accordance with the approved plans has been initiated; 3) Alternatively, Variances based on the Building Inspector’s November 8, 2007 Notice of Disapproval under Section 280-121A and Section 100-31A, denied for the reasons that the accessory cottage use is nonconforming and constitutes a second dwelling unit, and as such may not be enlarged, altered, extended, reconstructed or restored or placed on a different portion of the lot…nor shall any external evidence of such use be increased by any means whatsoever as a second dwelling unit. II. DELIBERATIONS/POSSIBLE DECISIONS OR OTHER ACTION (No oral testimony): WILLIAM and JOANNE TURNBULL # 6152. (Agent for applicant on 8/18 submitted ). Variances under Sections 280- additional information and maps for consideration 15F, 280-116, 280-124, based on the Building Inspector's amended May 6, 2008 Notice of Disapproval for a dwelling, swimming pool and shed construction at: (1) 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). MICHAEL and SUSAN JEFFRIES #6167. 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 an accessory in-ground swimming pool and retaining wall at less than 100 feet from the top of the bluff adjacent to Block Island Sound, East End Rd., Fishers Island; CTM 1-2-11. II. DELIBERATIONS/POSSIBLE DECISIONS OR OTHER ACTION (No oral testimony): Page 3 – Agenda Special Meeting – September 4, 2008 Southold Town Zoning Board of Appeals RONALD F. AND MARILYN A. GALLAGHER #6181. Request for a Variance under Sections 280-12 and 280-121a, based on the Building Inspector's April 9, 2008 Notice of Disapproval concerning proposed addition(s) and alterations to an existing nonconforming accessory cottage. The reasons stated in the Building Inspector’s Notice of Disapproval are: The building shall not be enlarged, altered, extended, reconstructed or restored or replaced on a different portion of the lot or parcel of land occupied by such use… nor shall any external evidence of such use be increased by any means whatsoever, and (2) One-family detached dwellings, not to exceed one dwelling on each lot. Location: 2950 Vanston Road, Cutchogue; CTM 111-5-7.2. RYAN and JENNIFER STORK # 6187. Request for Variances under Sections 280-116 and 280-124, based on the Building Inspector's May 15, 2008 Notice of Disapproval concerning a proposed new dwelling (after demolishing the existing building). The new dwelling is proposed at less than 15 feet on a single side yard, less than 35 feet on total side yards, and less than 75 feet from the existing bulkhead adjacent to Great Peconic Bay. Property Location: 3270 Peconic Bay Boulevard, Laurel; CTM 128-6-8. RICHARD MANFREDI #6188. (8/22 map was received as requested to show change in roof lines offered by architect during hearing discussions held 8/21.) RESOLUTION TO ACCEPT (OR NOT ACCEPT) new information submitted as of 9/3: a) applicant’s revised Map with information requested by Board Members, b) letters from adjacent neighbors (if accepted, copies to be distributed to members and to applicant’s agent; if not accepted, letters are returned to senders. Pending deliberations concerning requests for a Variance under Section 280- 122 and 280-124 (ZBA Interpretation #5039), based on the Building Inspector's June 10, 2008 amended Notice of Disapproval concerning proposed additions and alterations to the existing dwelling, which new construction will constitute an increase in the degree of nonconforming single side yard at less than 10 feet, less than 25 feet on total side yards, at 240 Sunset Path and Hilltop Path (private roads), Southold; CTM 54-1-19. SPYRO AVDOULOS #6189. Request for a Variance under Section 280-116A(1) based on the Building Inspector's June 10, 2008 Notice of Disapproval concerning a proposed amendment to plan for a new dwelling at less than the code-required 100 foot minimum from the top of the bluff or bank of the Long Island Sound, at 54985 North Road, Greenport; CTM 44-1-5. II. DELIBERATIONS/POSSIBLE DECISIONS OR OTHER ACTION (No oral testimony): Page 4 – Agenda Special Meeting – September 4, 2008 Southold Town Zoning Board of Appeals MICHAEL ANASAGASTI & OTHERS #6190. Request for Variances under Sections 280-15 and 280-124, based on the Building Inspector's May 6, 2008 Notice of Disapproval concerning an “as-built” deck addition to the dwelling, which construction is less than 50 feet from the rear lot line and which has caused the existing accessory building to be in a yard other than the code-required rear yard, at 345 Private Road, Southold; CTM 78-9-40. THOMAS ZOITAS #6191. Request for a Variance under Section 280-15, based on the Building Inspector's June 12, 2008 Notice of Disapproval concerning a proposed swimming pool, in a yard other than the code-required rear yard or front yard, at 6255 Route 48 (property adjacent to Long Island Sound), Greenport; CTM 40-1-7. SEAN GILLAN #6192. Request for a Variance under Section 280-15, based on the Building Inspector's June 4, 2008 Notice of Disapproval concerning a proposed accessory garage exceeding 20 ft. in height with a proposed setback at less than 20 feet from the property line, at 220 Apple Court, Southold; CTM 70-1-6.6. JOANN WALKER #6193. Request for a Variance under Section 280-15, based on the Building Inspector's June 13, 2008 Notice of Disapproval concerning a proposed accessory swimming pool structure in a yard other than the code-required rear yard (or front yard) at 290 Town Harbor Terrace, Southold; CTM 66-1-33 (adjacent to Little Peconic Bay). EUGENIA LAMBIRIS # 6195. Request for a Special Exception under Section 280-13B to establish an Accessory Apartment in this single-family dwelling, with owner- occupancy. Location of Property: 235 Captain Kidd Drive, Lot #192, Map of Captain Kidd Estates, Block 15, situated at Mattituck; CTM 106-5-4. RICHARD and PATRICIA MELLAS # 6196. Request for a Variance under Sections 280-122A and 280-124, based on the Building Inspector's July 7, 2008 amended Notice of Disapproval concerning a proposed addition on an existing deck, which new construction creates a new non-conformance or increases the degree of non- conformance with regard to the rear yard setback at less than the code-required 35 feet, at 340 Colonial Road, Southold; CTM 79-6-29. III. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Next Meeting: September 25, 2008 at Southold Town Hall, 53095 Main Road, Southold, commencing at 9:30 A.M. B. Discussions: 1. Planning & Zoning (Includes Code Committee Items). 2. Other Updates/Discussions, Sept 4 Code Committee th 3. Town Board Hearings/Meeting regarding Code Changes: Sept 9th. C. Work session; new business (t/b/d) Page 5 – Agenda Special Meeting – September 4, 2008 Southold Town Zoning Board of Appeals IV. EXECUTIVE SESSION (if any - to be determined).