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Home My WebLink AboutZBA-10/30/2008 Agenda ZBA REGULAR MEETING Prepared 10/25 THURSDAY, OCTOBER 30, 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: Motion offered by Member __, seconded by Member __, to determine Type II Actions (no further step required for dimensional variances, accessory special permits/Accessory Apartments, Bed and Breakfast Uses), for the following: LYNN and ARTHUR BOULANGER #6211 COSTAS TERZIS # 6212 THOMAS and MARY IRENE MARRON # 6216 M. JUDGE and E. COSTELLO #6209 HELEN and PETER LOUCA #6213 VINCENT LAROCCA #6208 JOAN E. SHANNON #6214 PATRICIA and ROBERT FRIEMANN # 6217 PETER and SABRINA PEZZINO #6210 ESTATE OF SUSAN DELEO #6229 (vote) II. PUBLIC HEARINGS with reading of Legal Notice: Reading of Legal Notice by ZBA before receiving testimony. (Please provide a description of the relief you are requesting; all speakers are requested to limit testimony to the applicant’s property and Page 2 Regular Meeting – October 30, 2008 Southold Town Zoning Board of Appeals relative Zoning information/Code provisions and your property if you are not the applicant): 9:20 A.M. LYNN and ARTHUR BOULANGER #6211. Request for a Variance under Section 280-15, based on the Building Inspector's June 23, 2008 Notice of Disapproval concerning a proposed accessory garage in a front yard, rather than the rear yard, at 1150 Vanston Road, Cutchogue; CTM 111-4-6. 9:30 A.M. COSTAS TERZIS # 6212. Requests for Variances under Sections 280-14 and 280-124, based on an application for a building permit and the Building Inspector's October 8, 2008 amended Notice of Disapproval concerning as-built construction which exceeds the code limitation of 2-1/2 stories in height and lot coverage limitation of 20 percentage of the buildable area of the lot, and which is set back at less than the code required minimum of 35 feet in the rear yard. Location of Property: 765 Dogwood Lane, Southold; CTM 54-5-32. 9:40 A.M. THOMAS and MARY IRENE MARRON # 6216. Request for Variances under Sections 280-116B and 280-124, based on an application for a building permit with amended plans to allow new construction instead of additions and alterations to the dwelling as applied and granted on 1/10/08 under ZBA #6110. The Building Inspector’s August 20, 2008 Notice of Disapproval states that the former dwelling was demolished, and a new single-family dwelling construction is proposed. ZBA # 6110 was a request for additions and alterations to an existing dwelling at less than the 15 feet on one side, and ZBA #5797 was a request for additions at less than 75 feet to the existing bulkhead and adjacent to Jockey Creek, at 3125 Wells Avenue, Southold; CTM 70-4-10. 9:50 A.M. M. JUDGE and E. COSTELLO #6209. Request for a Variance under Section 280-18, based on the Building Inspector's August 4, 2008 Notice of Disapproval concerning a new dwelling (under construction) for which a third-story is proposed for use as an office rather than attic space, at 13007 Oregon Road, Cutchogue; CTM 83-2-11.14. 10:00 A.M. HELEN and PETER LOUCA #6213. Request for Variances under Sections 280-122A and 280-124, based on the Building Inspector's amended August 8, 2008 Notice of Disapproval concerning Page 3 Regular Meeting – October 30, 2008 Southold Town Zoning Board of Appeals additions and alterations to the existing dwelling, which create a new nonconformance and increase degrees of existing nonconforming setbacks with regard to a single side yard at less than 10 feet and total side yard setbacks at less than 25 feet on this 10,454 square foot parcel. Location of Property: 475 Miriam Road, Mattituck; CTM 99-1- 32. 10:10 A.M. VINCENT LAROCCA #6208. Request for Variances under Section 280-15, based on the Building Inspector's May 30, 2008 Notice of Disapproval concerning as-built accessory structures in the front yard, rather than a code-defined rear yard, at 185 West Creek Avenue, Cutchogue; CTM 103-13-22.1. 10:25 A.M. JOAN E. SHANNON #6214. Request for Variances under Sections 280-122A and 280-124 based on the Building Inspector's August 1, 2008 Notice of Disapproval noting a proposed demolition, renovations and additions, with increase in the degree of nonconforming concerning a side yard setback at less than 15 feet and total side yards at less than 35 feet, at 7080 Great Peconic Bay Boulevard and adjacent to Great Peconic Bay, Laurel; CTM 126-11-7. 10:35 A.M. PATRICIA and ROBERT FRIEMANN #6217. Request for a Variance under Section 280-116B based on an amended application for a building permit and the Building Inspector's August 26, 2008 Notice of Disapproval concerning additions and alterations to an existing single-family dwelling at less than 75 feet from the bulkhead adjacent to Little Creek, and for which a stop work order was issued because of a change in the scope of the work and change since application submitted under ZBA #6139. Location: 2935 Pine Tree Road, Cutchogue; CTM 104-3-8. 10:50 A.M. PETER and SABRINA PEZZINO #6210. Request for a Variance under Section 280-124, based on the Building Inspector's revised October 6, 2008 Notice of Disapproval concerning a proposed new dwelling at less than 25 feet total side yards (and after demolition of an existing dwelling), at 3120 Grathwohl Road, New Suffolk; CTM 110-8-7. 11:00 A.M. ESTATE OF SUSAN DELEO #6229. Requested is a Lot Waiver under Section 280-11 to unmerge two properties based on the Building Inspector’s August 6, 2008 Notice of Disapproval, citing Page 4 Regular Meeting – October 30, 2008 Southold Town Zoning Board of Appeals Section 280-10. The two properties involved in this unmerger request are shown on the Map of Eastern Shores as: (1) CTM 33-2-27, vacant land, with a nonconforming area of 21,289 square feet, and (2) CTM 33- 2-28 with a house, of a nonconforming area of 20,602 square feet for CTM 33-2-28. Location: 1225 and 1135 Green Hill Lane, Greenport. III. DELIBERATIONS/POSSIBLE DECISION/OTHER RESOLUTIONS: PH held 9/25/08: PINE NECK HOLDINGS #6180. Variance for addition to the dwelling at less than 75 feet from the bulkhead, at 1475 Pine Neck Road, Southold; CTM 70-5-40. PH held 6/26/08 with current time extension pending: END OF THE ROAD/MOONEY # 6013. 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 business buildings: (1) building with a single side yard of less than 25 feet and set back at less than 75 feet from the right-of-way; (2) building at less than 75 feet from the right-of-way and greater than the code maximum of 60 linear feet in width; (3) accessory parking area 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: 11500/11600/11700 Main Road (NYS Route 25) and John’s Road (private), Mattituck; CTM 122-3-17.1 (a/k/a 1.2, 2, 5.1, 17). POSSIBLE RESOLUTION: To adjourn to 1:00 P.M. (Motion by __, seconded by __, and vote). IV. PUBLIC HEARINGS with reading of Legal Notice: Reading of Legal Notice by ZBA before receiving testimony. (Please provide a description of the relief you are requesting; all speakers are requested to limit testimony to the applicant’s property and relative Zoning information/Code provisions and your property if you are not the applicant): 1:00 P.M. STEVE and OLGA TENEDIOS #6198. Request for Variances under Sections 280-124, based on the Building Inspector's June 30, 2008 amended Notice of Disapproval concerning a proposed new dwelling, after removal of the existing building(s) for placement on a new location with pilings or other foundation after house is elevated, Page 5 Regular Meeting – October 30, 2008 Southold Town Zoning Board of Appeals and a proposed enlargement to connect the relocated house to the existing garage. The property has zero buildable land, being on the sea side of the Coastal Erosion Hazard Line. The Building Inspector’s reasons for disapproving the building permit application are that the proposed construction will be: (1) less than 40 feet on a front yard; (2) less than 15 feet for a single side yard setback, (3) less than 35 feet total side yard setbacks, and (3) lot overage exceeds the code limitation of 20% (100% lot coverage for zero buildable land area). Location of Property: 1625 North Sea Drive, Southold; CTM 1000-54-4- 18 (adjacent to dunes and Long Island Sound). 1:30 P.M. (Continued Hearing): 2000 BROADWATERS LLC # 6186. Request for a Variance under Section 280-124, based on the Building Inspector's May 12, 2008 Notice of Disapproval concerning a proposed new dwelling with a setback at less than the code-required 35 feet from the front lot line (after demolishing the existing building), at 2000 Broadwaters Road, Cutchogue; CTM 104-9-12. (End of public hearings; Regular Meeting continues) V. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Resolution to advertise in the Town’s official newspaper public hearings for complete applications, to be held December 4, 2008 at a Regular Meeting commencing at 9:30 A.M. at Southold Town Hall (Court Room), 53095 Main Road, Southold. B. Next Special Meeting: Thursday, November 13, 2008 - 6 PM at Town Hall Annex (Capitol One Building) Second Floor, Youngs Avenue, Southold. C. Resolution to accept Minutes of October 16, 2008 for filing. D. Work Session reviews (no action taken). VI. EXECUTIVE SESSION (to be determined).