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Home My WebLink AboutZBA-09/25/2008 Agenda ZBA REGULAR MEETING THURSDAY, SEPTEMBER 25, 2008 9:15 A.M. Place of Meeting: Southold Town Hall, Court/Meeting 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): EDWARD BONDARCHUK #6178 PAUL SILANSKY #6203 ARTCO and COASTLINE CESSPOOL & DRAIN SERVICE #6200 ROBERT SOMMERVILLE #6204 JOHN GATANAS #6201 THOMAS and MAE MAURI #6199 HOWARD and DOROTHY ZEHNER #6197 RONALD POLLIO #6205 HENRY TRAENDLY and BARBARA A. CADWALLADER #6207 BUD GEORGE HOLMAN # 6202. (vote) : (Please limit your presentation to II. PUBLIC HEARINGS with reading of Legal Notice five minutes, with testimony relative to this property and relative to zoning information and noted Code Sections): 9:15 A.M. # 6173. Request as amended by letter dated JOSEPH AND CATHLEEN SHIPMAN September 4, 2008, for a Variance under Sections 280-13A(2-c) and 208-124, based on the Building Inspector's August 18, 2008 amended Notice of Disapproval which states that the proposed agricultural storage building on an existing tree farm property is not permitted for the reason that ‘Barns, storage buildings, greenhouses (including plastic covered) and other related structures, provided that such buildings shall conform to the yard requirements for principal buildings, and the required rear yard setback is 60 feet.’ Location of Property : 20685 Route 25 (Main Road), Mattituck; CTM 108-3-5.5 (a/k/a Greenbriar Acres Subdivision Lot #1 filed 10/7/1977). Page 2 Regular Meeting - September 25, 2008 Southold Town Zoning Board of Appeals 9:30 A.M. #6178. Request for a Variance under Section 280-116B, EDWARD BONDARCHUK based on the Building Inspector's December 10, 2007 Notice of Disapproval concerning an as-built hot tub and deck in a location at less than 75 feet from the existing bulkhead, at 650 Blue Marlin Drive, Southold; CTM 1000-57-1-28. 9:45 A.M. #6203. Request for a Variance under Section 280-124, based on the PAUL SILANSKY Building Inspector's July 21, 2008 Notice of Disapproval concerning a proposed dwelling on a nonconforming 14,000 square foot parcel, with a lot coverage exceeding the code limitation of 20% for all building area, at 770 Pinewood Road, Cutchogue; CTM 1000-110-5-24. 10:00 A.M. #6200. Request for ARTCO and COASTLINE CESSPOOL & DRAIN SERVICE Variances under Section 280-64A and 280-64C, based on the Building Inspector's May 15, 2008 Notice of Disapproval concerning a proposed new building for use as a cesspool and drainage company. The reasons for disapproving the building permit application are: (1) the proposed construction is less than the code-required minimum of 100 feet from the right-of-way of each Corporate Road and Commerce Drive, and (2) the proposed building will have a building linear frontage greater than the code maximum of 60 linear feet along one street. Location of Property: 525 Commerce Drive, Cutchogue (North Fork Industrial Park Lot 9); CTM 1000-96-1-1.6. Zone District: Light Industrial; Lot Size: 47,344 square feet. 10:15 A.M. #6204. Request for a Variance under Section 280-15, based ROBERT SOMMERVILLE on the Building Inspector's June 10, 2008 Notice of Disapproval concerning a proposed accessory garage with a size that will exceed the code maximum of 660 square feet on this 14,600 square foot lot, at CTM Parcel 1000-63-2-18. 545 Hummel Avenue, Southold; 10:45 A.M. #6201. Request for Variances under Section 280-124, based on the JOHN GATANAS Building Inspector's July 1, 2008 amended Notice of Disapproval concerning a proposed dwelling, after demolishing the existing dwelling and accessory garage. The reason for disapproval of the building permit application is that the new construct will be less than the code-required minimum of 35 feet from the front yard lot line and rear yard lot line. Location of Property: 445 Central ; CTM 1000-106-3-22. Drive, Mattituck 11:10 A.M. #6199. Request for a Variance under Section 280-15, THOMAS and MAE MAURI based on the Building Inspector's July 2, 2008 Notice of Disapproval concerning the applicants’ proposed additions and alterations to an existing single-family dwelling, with demolition of an attached deck (pool surround). The reason for disapproving the building permit application is that the proposed work will result in the existing accessory swimming pool being located in a yard other than the code-required rear yard, at CTM 1000-70-12-9.2. 1070 Critten’s Lane, Southold; * * * Resolution to Recess: Motion offered by ____ , seconded by Member ___ , reconvening at 1 PM. Vote) * * * 1:00 P.M. Motion offered by ____ , seconded by Member ___ , to Reconvene the Regular Meeting and proceed with public hearings at this time (Vote): Page 3 Regular Meeting - September 25, 2008 Southold Town Zoning Board of Appeals (Please limit your presentation II. PUBLIC HEARINGS, continued, with reading of LegalNotice: to five minutes, with testimony relative to this property and relative to zoning information and noted Code Sections): 1:00 P.M. #6197. Request for a Variance under Section 280- HOWARD and DOROTHY ZEHNER 124, based on the Building Inspector's June 27, 2007 amended Notice of Disapproval concerning a proposed addition and alterations to an existing single-family dwelling, for the reason that the new construction will be less than the code-required minimum rear yard setback of 35 feet, at 650 CTM Parcel 1000-33-2-40. Moore’s Lane North, Greenport; 1:15 P.M. #6205. Request for a Variance under Section 280-124, based on the RONALD POLLIO Building Inspector's July 18, 2008 Notice of Disapproval concerning a proposed deck addition on a nonconforming 6,999 square foot parcel, which new construction will be less than the code required minimum of 10 feet on a single side yard setback and less than 35 feet on the minimum front yard setback, at ; CTM 1000-117-10-20.5. 165 Second Street, New Suffolk 1:30 P.M. (Await amended Appeal Forms related to modified maps to appeal a recently application to the Building Inspector for a new review/Notice of Disapproval (new reasons for disapproval). # 6187. RYAN and JENNIFER STORK 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 . Location of Property: CTM 128-6-8. 3270 Peconic Bay Boulevard, Laurel; Peconic Bay 1:45 P.M. Carryover: #6180. Variance for deck addition to the dwelling at PINE NECK HOLDINGS less than 75 feet from the bulkhead, at ; CTM 70-5-40. (Amended 1475 Pine Neck Road, Southold map submitted 9/10 by applicant’s architect). 2:00 P.M. #6154. (Updated single and HENRY TRAENDLY and BARBARA A. CADWALLADER separate search was submitted 9/18). , South Side of Main Road (NYS Route 25), East Marion adjacent to Gardiners Bay. A) ZBA #6207 – This is a request for Waiver of Lot Merger under Article II, Section 100-26, based on the Building Department’s July 25, 2008 amended Notice of Disapproval stating that County Tax Map Parcel Numbers 12 and 11, in District 1000, Section 31, Block 14, are merged pursuant to Section 280-10, which states: “ Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of fifty (50) feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements.” B) ZBA #6154. (Carried from July 24, 2008) – This is a request for Variances under Section 280-124, based on the Building Inspector's January 30, 2008 Notice of Disapproval, amended July 25, 2008 concerning a proposed single-family dwelling (after demolition of an existing building) with a proposed single side yard at less than the code required minimum of 10 feet, less than the required combined side yards of 25 feet, and less than 35 feet from the front yard lot line, at 13000 Main Road, East Marion; CTM 31-14-11. Page 4 Regular Meeting - September 25, 2008 Southold Town Zoning Board of Appeals (Please limit your presentation II. PUBLIC HEARINGS, continued, with reading of LegalNotice: to five minutes, with testimony relative to this property and relative to zoning information and noted Code Sections): Resolution to cancel this advertised hearing 2:30 P.M. , canceled as per 9/10 letter from agent for: #6206. JENNIFER JACOBS AND CLAYTON GATES Request for Variances under Section 280-124, based on the Building Inspector's July 24, 2008 Notice of Disapproval concerning a proposed second-story addition and alterations to the existing dwelling, with a setback of less than the code-required 645 minimum of 10 feet on a single side and less than a minimum of 35 feet from the rear yard lot line, at Jackson Street, New Suffolk ; CTM 1000-117-9-5.2. Lot Size: 12,760 square feet (nonconforming) in R-40 Low-Density Residential Zone District. 2:45 P.M. # 6202. Request for Variances under Sections 280-14 and BUD GEORGE HOLMAN 280-116, based on the Building Inspector's May 20, 2008 Notice of Disapproval concerning an as- built porch enclosure and deck addition to the existing dwelling, which are less than the code- required minimum of 15 feet on a side yard in this R-40 Zone, and less than 75 feet from the bulkhead adjacent to Great Peconic Bay, at ; CTM 1000-123-7-8. 350 Park Avenue, Mattituck 3:00 P.M. #6188. (Rehearing as per Board Resolution): This is an RICHARD MANFREDI application requesting 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 ; CTM 54-1- 240 Sunset Path and Hilltop Path (private roads), Southold 19. (End of public hearings; Regular Meeting continues) III. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Resolution to advertise in the Town’s official newspaper public hearings for complete applications, to be held October 30, 2008 at a Regular Meeting commencing at . at 9:15A.M Southold Town Hall (Court Room), 53095 Main Road, Southold. B. Next Special Meeting: October 16, 2008 - 6 PM at Town Hall Annex (Capitol One Building) Second Floor, Youngs Avenue, Southold. C. Correspondence/Inquiries for Review: Letter from John Winter with concerns regarding noise emanating from, and location of, outdoor air conditioning or compressor unit at neighbor’s property (Ashley). D. Chairman update: four supplemental conditions - Outdoor Event Permit. IV. EXECUTIVE SESSION (to be determined).