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HomeMy WebLinkAboutZBA-12/04/2008 Agenda REGULAR MEETING Prepared 12/1 THURSDAY, DECEMBER 4, 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: A. 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: LEONARD and RANDEE DADDONA # 6225. VICKY GERMAISE #6226 LLOYD KAPLAN #6221. FRANEKER INVESTMENTS, INC. #6220. WILLIAM F. KRLIS #6222. HOPE SCHEIDER #6215. CHARLES and SUSAN GEITZ #6218. FRANK SCAROLA #6227. DEBORAH PONTINO #6230. JOHN TAGIOS #6231. B. SEQRA pending Lead Agency declaration (to be updated in near future): ROMANELLI REALTY INC. # 6224 – Special Exception for commercial use as contractor yard. Page 2 – Agenda December 4, 2008 Regular Meeting Southold Town Zoning Board of Appeals II. DELIBERATIONS/POSSIBLE DECISION/OTHER RESOLUTIONS: (No testimony, for Board Member deliberations only): PH concluded 10/30: 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. 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 is proposed as amended. 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. III. 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): 9:30 A.M. LEONARD and RANDEE DADDONA # 6225. Request for a Variance under Section 280-15, based on the Building Inspector's September 9, 2008 Notice of Disapproval concerning proposed swimming pool construction in a yard other than a rear yard (the property has two front yards and two side yards). Location of Property: 1380 Calves Neck Road, Southold; CTM 1000-63-7-25. 9:40 A.M. VICKY GERMAISE #6226. Request for a Variance under Section 280- 124, based on the Building Inspector's September 5, 2008 Notice of Disapproval concerning a proposed addition which will be less than the code-required minimum of 50 feet for the rear yard setback, at 345 Bunny Lane, New Suffolk; CTM 1000- 117-6-20.1. 9:50 A.M. LLOYD KAPLAN #6221. Request for Variances under Sections 280-15C and 280-124, based on the Building Inspector's amended September 2, 2008 Notice of Disapproval concerning an accessory swimming pool proposed with a front yard setback at less than the code-required minimum of 40 feet and with lot coverage exceeding the code limitation of 20% (maximum) on this buildable area of 14,679 square feet adjacent to the Long Island Sound. Location of Property: 105 Soundview Avenue, Southold; CTM 1000-50-2-3. Page 3 – Agenda December 4, 2008 Regular Meeting Southold Town Zoning Board of Appeals III. 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): 10:05 A.M. FRANEKER INVESTMENTS, INC. #6220. Request for a Variance under Section 280-15, based on the Building Inspector's September 4, 2008 Notice of Disapproval concerning a proposed new accessory structure (after demolition of an accessory building) in a location other than the code-required front yard or rear yard. Location of Property: Fishers Island Sound, Private Road off East End Road, bounded on the west by Henkel and on the east by Waterman Inv. Co., Fishers Island, NY; CTM 1000-3-1-3.3. 10:20 A.M. WILLIAM F. KRLIS #6222. Request for a Variance under Sections 280- 122A and 280-1244, based on the Building Inspector's August 5, 2008 Notice of Disapproval concerning proposed additions and alterations to an existing seasonal dwelling for conversion to a year-round residence, which new construction will increase the lot coverage in excess of the code-limitation (maximum) of 20 percent. Location of Property: 100 Fay Court, Mattituck; CTM 1000-123-5-12. 10:35 A.M. HOPE SCHEIDER #6215. Request for Variances under Sections 280- 116, 280-122A, 280-124, based on the Building Inspector's July 11, 2008 Notice of Disapproval concerning a proposed new dwelling, after demolition of the existing building. The reasons stated for disapproving the building permit application are that the new construction: (1) will be an increase in the degree of nonconformity with regard to the rear yard at less than 35 feet, (2) will be an increase in the degree of nonconformity with regard to a single side yard at less than 10 feet and with regard to total side yards at less than 25 feet combined, on this 4,914 square foot buildable area; and (3) in addition the proposed construction is less than the code-required minimum of 75 feet from the bulkhead and the lot coverage will exceed the code limitation (maximum) of 20%. Location of Property: Goldsmith’s Inlet at 1960 Mill Lane, Southold; CTM 1000-67-7-11. 10:55 A.M. CHARLES and SUSAN GEITZ #6218. Request for a Variance under Section 280-116A(2), based on the Building Inspector's June 10, 2008 Notice of Disapproval concerning an as-built deck as reconstructed with a setback at less than 100 feet from the ordinary high-water mark of the Long Island Sound, at 1580 Leeton Drive, Southold; CTM 1000-58-2-5. Page 4 – Agenda December 4, 2008 Regular Meeting Southold Town Zoning Board of Appeals III. 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): 11:15 A.M. FRANK SCAROLA #6227. Requests for: (1) a Special Exception under Section 280-13B for conversion of an existing building to a two-family dwelling, and (2) Variances under Sections 280-13A and 280-14, based on the Building Inspector's amended September 10, 2008 Notice of Disapproval, stating that: (a) conversion of two accessory buildings for use as wine storage is a non-permitted use, and (b) that the lot size is required to be 160,000 square feet for a two-family dwelling. Zone District: Agricultural-Conservation Zone District. Location of Property: 4850 Sound Avenue, Mattituck; CTM 1000-121-3-6. 11:45 A.M. DEBORAH PONTINO #6230. Request for a Variance under Sections 280-122 and 280-124, and Zoning Code Interpretation #5039 (Walz Application), based on the Building Inspector's August 25, 2008 Notice of Disapproval concerning a proposed addition to the existing single-family dwelling, which will increase the degree of nonconformance with regard to the rear yard setback at less than the code-required minimum of 50 feet, at 2675 Indian Neck Lane, Peconic; CTM 1000-86-5-13. Resolution to break: Motion by Member __, seconded by Member ___, to reconvene at 1:00 P.M. * * * 1:00 P.M. Resolution to reconvene: Motion by Chairman Goehringer, seconded by Member ___, to reconvene the Regular Meeting and continue with agenda items: III. PUBLIC HEARINGS with reading of Legal Notice, continued: 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. JOHN TAGIOS #6231. Request for a Variance under Sections 280-122A and 280-124, based on the Building Inspector's revised September 18, 2008 Notice of Disapproval concerning a proposed new dwelling, after demolition of the existing building, which new construction will create a new degree of nonconformance and will create an increase in the degree of nonconformance, with regard to the front yard setback at less than the code-required minimum of 40 feet on this parcel containing 21,322 square feet. Location of Property: 695 Clearview Avenue (a/k/a 750 Bennetts Lane), Southold; CTM 70-8-35. Page 5 – Agenda December 4, 2008 Regular Meeting Southold Town Zoning Board of Appeals III. PUBLIC HEARINGS with reading of Legal Notice, continued: 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): 1:10 P.M. ROMANELLI REALTY INC. #6100 and #6224. Location of Property: 36660 Route 25 (Main Road), Cutchogue; CTM 97-3-3.1 (formerly 97-3-3). Request for a Special Exception for a contractor’s yard and for Variances under Sections 280-42A and 280-43A & C, based on the Building Inspector's November 19, 2007 amended Notice of Disapproval, concerning a proposed contractor’s yard and three principal buildings on this 63,338 square foot lot in a LB Limited Business Zone District. (1) pursuant to the Bulk Schedule, one use per 80,000 square feet is allowed in the Limited Business (LB) Zone, and the proposed construction (three buildings) is not permitted on a lot containing less than 240,000 square feet, for the reason that the proposed three buildings constitutes three distinct uses; (2) proposed Building #1 is not permitted with a linear frontage exceeding the 60 feet; (3) proposed Building #1 is not permitted at less than 100 feet from the right-of-way of NYS Route 25; (4) proposed Building #2 is not permitted at less than 75 feet from the rear property line; (5) proposed building #3 is not permitted at less than 20 feet from the side lot line; Also requested is a Special Exception for a contractor’s yard under Sec. 280- 40B(2). 1:30 P.M. Continued Hearing - 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, 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 Page 6 – Agenda December 4, 2008 Regular Meeting Southold Town Zoning Board of Appeals a single side yard setback, (3) less than 35 feet total side yard setbacks, and (3) lot coverage 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). III. PUBLIC HEARINGS with reading of Legal Notice, continued: 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): 1:55 P.M. Continued hearing for filing/processing of Amendment: RYAN and JENNIFER STORK # 6187, and #6232 as amended. Request for Variances under Sections 280-12, 280-116 and 280-124, based on the Building Inspector's September 19, 2008 Notice of Disapproval concerning a proposed new dwelling (after demolishing the existing building) and concerning the proposed relocation with possible reconstruction of an existing nonconforming garage with nonconforming sleeping area and a full bathroom. The new construction is not permitted for the following reasons: (1) the new dwelling and the new accessory building will both be less than 15 feet on a single side yard and total side yards less than 35 feet; (2) the accessory garage building construction will contain a non- permitted code use and is deemed by the Building Inspector to be a second dwelling; (3) the accessory garage building will be less than 15 feet on a single side yard and less than 35 feet for total side yard setbacks combined. Location of Property: 3270 Peconic Bay Boulevard, Laurel; CTM 1000-128-6-8 adjacent to Great Peconic Bay. 2:05 P.M. GAMA PROPERTIES (7-11 Store) #6219. Request for Variances under Sections 280-49 and 280-50C, based on the Building Inspector's amended September 4, 2008 Notice of Disapproval concerning proposed additions and alterations in converting an existing gas station and convenience store uses to a convenience store (retail store). The reasons stated for disapproving the building permit application are that the new construction: (1) will have a single side yard at less than the code required minimum of 25 feet; (2) will have a rear yard at less than 35 feet; (3) will be greater than 60 linear feet of frontage on one street. Location of Property: 9945 Main Road (NYS Route 25) and Factory Avenue, Mattituck; CTM 1000-142-1-27. Zone District: B-General Business. (End of public hearings; Regular Meeting continues.) IV. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Resolution to advertise in the Town’s official newspaper public hearings for complete applications, to be held January 8, 2009 at a Regular Meeting Page 7 – Agenda December 4, 2008 Regular Meeting Southold Town Zoning Board of Appeals commencing at 9:150 A.M. at Southold Town Hall (Court Room), 53095 Main Road, Southold. B. Next Special Meeting: Thursday, December 18, 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). E. Form for Lot Waiver – revised to conform to Code Change Local Law #16-2008. V. EXECUTIVE SESSION (regarding litigation or personnel).