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HomeMy WebLinkAboutZBA-01/08/2009 Agenda AGENDA REGULAR MEETING THURSDAY, JANUARY 8, 2009 9:30 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: JENNIFER JACOBS and CLAYTON GATES #6206 THOMAS G. and JOYCE I. MESSINA # 6223 DIANE MULVANEY and BETTY J. BRESLOFF #6228 DONALD ZITO #6233 THEODORE E. PRAHLOW #6234 ANDREW and ELIZABETH GREENE #6235 MICHAEL K. and THERESE HUGHES #6236 GEORGE YATRAKIS #6237 JACQUELINE MOSKOWITZ #6238 ROBERT and MARGARET BERGAMINI # 6241 HENRY TRAENDLY and BARBARA CADWALLADER #6264 ROMANELLI REALTY INC. # 6268 (lot area variance) B. SEQRA pending Lead Agency declaration (to be updated in near future): 1. GAMA PROPERTIES/FORMERLY WAREX # 6219 – Variance for convenience store conversation at Main Road and Factory Avenue, Mattituck 2. ROMANELLI REALTY INC. # 6224 – Special Exception for commercial use as contractor yard. Page 2 – Agenda January 8, 2009 Regular Meeting Southold Town Zoning Board of Appeals II. DELIBERATIONS/POSSIBLE DECISION/OTHER RESOLUTIONS: (No testimony, for Board Member deliberations only): PH held 6/26/08 with time extension to January 8, 2009 : SOUTHOLD PROPERTIES LLC/PRINCIPI PROPERTIES #6150. Requests for Variances under Sections 280-56 and 280-116B, based on the applicant’s request for a building permit and the Building Inspector's amended March 25, 2008 and Notice of Disapproval concerning as-built construction set back less than 25 feet from the westerly side lot line and proposed deck construction at less than 75 feet from the bulkhead adjacent to tidal water, at 64300 Route 25, Greenport; CTM 56-7-2. District: M-II Marine Zone. III. PUBLIC HEARINGS with reading of Legal Notice by ZBA representative before receiving testimony. (Speaker to provide name and address and type of construction proposed; all speakers limited to the area of applicant’s property and only to related zoning code provision; each speaker is limited to 15 minutes of oral testimony and unlimited written testimony): 9:30 A.M. JENNIFER JACOBS and CLAYTON GATES #6206. Request for Variances concerning this 12,760 square foot parcel 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 10 ft. minimum single side setback and less than 35 ft. minimum rear yard setback, at 645 Jackson Street, New Suffolk; CTM 1000-117-9-5.2. 9:40 A.M. ANTHONY and BARBARA BONAGURA #6081. Request for a Special Exception under Zoning Code Section 280-13B for approval of an as-built Accessory Apartment with owner-occupancy in a single-family dwelling as enlarged with recent additions, at 900 Holbrook Lane, Mattituck; CTM 113-6-11. 9:55 A.M. MICHAEL K. and THERESE HUGHES #6236. Request for Variances under Sections 280-4 and 280-12, based upon an application for a building permit and the Building Inspector's September 22, 2008 Notice of Disapproval stating that the as-built mobile home is not permitted for two reasons: (1) it constitutes a second dwelling unit, and (2) it contains less than 850 square feet of living area. Location of Property: 9525 Main Road, Mattituck; CTM 1000-122-6-13. 10:10 A.M. DIANE MULVANEY and BETTY J. BRESLOFF #6228. Request for a Variance under Section 280-18, based on the applicant’s request for a lot-line change and the Building Inspector's Notice of Disapproval concerning a proposed lot area for 1000-31-8-12.4, at 225 Marion Lane, which lot will become less conforming by reducing its size from 34,194 square feet to 30,448 square feet in total size, and concerning 1000-31-8-13 at 730 Bay Avenue, East Marion, which lot will become more conforming by increasing its size from 8,340 square feet to 12,086 square feet. 10:30 A.M. ROBERT BERGAMINI # 6241: Request for Variances under Section 280-124, based on the Building Inspector's October 17, 2008 Notice of Disapproval concerning a proposed deck addition at less than the code-required minimum front yard setback of 35 feet and lot coverage exceeding the code limitation of 20% on this nonconforming +/- .31 acre lot, at 4050 Page 3 – Agenda January 8, 2009 Regular Meeting Southold Town Zoning Board of Appeals Camp Mineola Road, Mattituck; CTM 123-5-20. 10:45 A.M. DONALD ZITO #6233. Request for a Variance under Section 280-124, based on the Building Inspector's August 25, 2008 Notice of Disapproval concerning an as-built outdoor shower addition to the single-family dwelling which is less than 10 feet on a single side yard, less than 15 feet on the opposite side yard, resulting in less than 25 feet for a total of both side yards, at 1185 Bungalow Lane, Mattituck; CTM 123-3-16. 11:00 A.M. JACQUELINE MOSKOWITZ #6238. Location of Property: 80 Lakeside Drive and Cedar Point Drive, Southold; CTM 1000-90-3-14. Request for Variances on this 14,118 square foot lot, under Zoning Code Sections 280-122 and 280-124, based on applications for building permits and the Building Inspector's August 22, 2008 Notice of Disapproval concerning a pergola, fence height, swimming pool, and as-built carport structure, for the reasons that: (1) the proposed pergola to be added to the dwelling structure is not permitted because such additions/alteration will constitute an increase in the degree of nonconformance (nonconforming rear yard setback and front yard setback, see ZBA #3255 of August 14, 1984; (2) the fence is not allowed as per Conditions under ZBA #3950 dated July 11, 1990 which states: the fence and any screening shall not exceed 4 ft. 6 in. in height in front yard areas above grade, the area beginning at a point of 30 feet from the corner of Cedar Point Drive to 30 feet from the corner of Lakeside Drive shall remain open and un-vegetated; (3) the existing swimming pool under Building Permit #19275 issued 9/27/1990 is located at less than the required minimum of 22 feet under ZBA # 3950 dated 7/11/1990; (4) the existing carport shows setbacks from each the front yard and rear yard at less than the code-required minimum of 35 feet. 11:30 A.M. THEODORE E. PRAHLOW #6234. Request for Variances under Sections 280-124 concerning this 7,700 square foot parcel, and based on the Building Inspector's August 22, 2008 Notice of Disapproval concerning a proposed deck and porch additions to the existing single-family dwelling, which new construction will be less than the code-required minimum of 35 feet for a rear yard setback and which exceeds the code-maximum limitation of 20% lot coverage, at 1605 Old Shipyard Lane, Southold; CTM 64-5-30. 1:00 P.M. ANDREW and ELIZABETH GREENE #6235. Request for Variances under Code Sections 280-12 and 280-13C.2.a, based on the Building Inspector's June 30, 2008 Notice of Disapproval concerning an application for a building permit to alter the use of an accessory building (second floor) from an accessory use as a garage to the owner’s home occupation office with full bathroom, after removal of the as-built kitchen and cooking areas, instead of a home office carried on in the main building. The proposed change in use from garage to a home office is not permitted under Code Section 280-13C.2a, which requires a “home occupation” to be incidental to the residential use of the premises and carried on in the main building. In addition, the Building Inspector states that the existing living space with kitchen (apartment) as-built is not permitted under Section 280-12, since the Code limits each lot to only one dwelling. Location of Property: 30653 C.R. 48 (a/k/a Middle Road or North Road), Page 4 – Agenda January 8, 2009 Regular Meeting Southold Town Zoning Board of Appeals Peconic; CTM 73-4-5. 1:15 P.M. 2000 BROADWATERS LLC # 6186. (Continued hearing). 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. 1:30 P.M. THOMAS G. and JOYCE I. MESSINA # 6223. Request for Variances under Section 280-116A(1), based on the Building Inspector's September 2, 2008 Notice of Disapproval concerning a proposed accessory swimming pool and spa at less than 100 feet from the top of the bank or bluff on a lot adjacent to the Long Island Sound and with lot coverage exceeding the code limitation of 20% on this buildable land area of 15,253 square feet, at 1690 The Strand, East Marion; CTM 30-2-61. 1:50 P.M. GEORGE YATRAKIS #6237. Request for Variances under Sections 280-15C and 280- 116A(1), based on the Building Inspector's October 8, 2008 Notice of Disapproval concerning a proposed dwelling, swimming pool, trellis and accessory garage. The reasons stated for disapproving the building permit application are: (1) the proposed locations of the trellis to be added to the house, and accessory swimming pool, are not permitted at less than 100 feet from the top of the bluff or bank on lots adjacent to the L.I. Sound; (2) the in-ground swimming pool is also proposed in a side yard, rather than the code-permitted front yard in the case of a waterfront lot, or code-permitted rear yard; (3) new construction is proposed at less than the code-required minimum of 15 feet on a single side yard. Location of Property: 18805 Soundview Avenue, Southold; CTM 51-1-14. 2:10 P.M. HENRY TRAENDLY and BARBARA CADWALLADER. Location of Property: South Side of Main Road (NYS Route 25), East Marion, adjacent to Gardiners Bay. Based on the Building Inspector’s January 30, 2008 Notice of Disapproval, amended July 25, 2008, the applicant has submitted applications requesting: A) ZBA # 6207 – a Waiver of Merger under Article II, Sections 100-25 and 100-26 (renumbered 280-9 and 280-10), concerning County Tax Map Parcel Numbers 12 and 11, in District 1000, Section 31, Block 14 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) and in the alternative, ZBA # 6264 Request for Variances for two proposed lots in this re-division of land, requesting an area of less than the code-required 40,000 square feet of buildable land under the Bulk Schedule for CTM Parcel 1000-31-14-11 and adjacent CTM Parcel 1000-31-14-12; and C) ZBA #6154: Request for Variances under Section 280-124, based on the Building Inspector's January 30, 2008 Notice of Disapproval, amended July 25, 2008 concerning Page 5 – Agenda January 8, 2009 Regular Meeting Southold Town Zoning Board of Appeals 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. 2:30 P.M. ROMANELLI REALTY INC. (property formerly of Midgley) - ZBA # 6268 concerning property located at 36660 Route 25 (Main Road) and 200 Skunk Lane, Cutchogue; CTM 97-3-3.1 and 97-3-6.1 (formerly 97-3-3 and 97-3-6). This request is based on the Building Inspector’s December 17, 2007 Notice of Disapproval concerning an area variance application for a change of lot line and the applicant’s request for approval of an LB Business Zone Parcel containing 63,338.05 square feet. The Notice of Disapproval states that the minimum lot size requirement in the LB Zone District is 80,000 square feet, and the applicant requests approval of a reduced lot size containing 63,338.05 square feet for County Tax Map Parcel 1000-97-3-3.1. (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 February 19, 2009 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, January 22, 2009 - 6 PM at Town Hall Annex (Capitol One Building) Second Floor, Youngs Avenue, Southold. C. Reminders for site updates or other pending work reviews regarding pending noted for February 19, 2009 (awaiting additional information by February 12, 2009): Lloyd Kaplan #6221 at Soundview Avenue, Southold; Hope Schneider # 6215 at Goldsmith’s Inlet, Southold; Jennifer Stork # 6232 and # 6187 at Peconic Bay Boulevard, Laurel. D. Work session items, for today or carryover to next meeting of Jan. 22, 2009: (1) Possible ZBA reply to letter regarding map correction by surveyor under W. Turnbull # 6152; (2) possible reply to John Winters’ letter of complaint to Christopehr Astley air-conditioning unit relocation under # 6004. E. Resolution to accept Minutes of November 13, 2008 and December 4, 2008 for filing. V. POSSIBLE EXECUTIVE SESSION (litigation or personnel).