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Home My WebLink AboutZBA-01/22/2009 Agenda 1/20; *updated 1/21 AGENDA SPECIAL MEETING THURSDAY, JANUARY 22, 2009 6:00 P.M. Place of Meeting: Southold Town Hall Annex, NFB Building, 54375 Main Road at Youngs Avenue, Southold. Call to Order by Chairman Gerard P. Goehringer. I. STATE ENVIRONMENTAL QUALITY ACT updates: A. Received Type II by Planning Board: GAMA PROPERTIES (7-11) # 6219 – Variance for convenience store conversion at Main Road and Factory Avenue, Mattituck. B. Pending via Lead Agency: ROMANELLI REALTY INC. # 6224 – Special Exception for commercial use as contractor yard. II. DELIBERATIONS/POSSIBLE DECISION/OTHER RESOLUTIONS: (No testimony, for Board Member deliberations, etc.): PHs 12/4/08: GAMA (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. 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 Page 2 – Agenda January 22, 2009 Special Meeting Southold Town Zoning Board of Appeals 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 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). PHs 1/8/09: 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. 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 demo), at 2000 Broadwaters Road, Cutchogue; CTM 104-9-12. 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. HENRY TRAENDLY and BARBARA CADWALLADER # 6207. 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 is requesting 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.” 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 Page 3 – Agenda January 22, 2009 Special Meeting Southold Town Zoning Board of Appeals square feet, at 1690 The Strand, East Marion; CTM 30-2-61. 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. RONALD 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. 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. 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. Page 4 – Agenda January 22, 2009 Special Meeting Southold Town Zoning Board of Appeals 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 Camp Mineola Road, Mattituck; CTM 123-5-20. ROMANELLI REALTY INC. # 6268 concerning properties 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 97-3-3.1. III. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Possible Resolution to reply by letter (regarding applicant’s surveyor map with de minimus correction but without change in setbacks) under ZBA # 6152 - W. Turnbull; B. Possible Resolution to reply to John Winters’ letter regarding placement of air- conditioning unit as-built under ZBA # 6004 - Christopher Astley. C. Reminders for site updates or other for February 19, 2009 hearing continuation): (a) Lloyd Kaplan #6221 at Soundview Avenue, Southold; (b) Hope Schneider # 6215 at Goldsmith’s Inlet, Southold; (c) Jennifer Stork # 6232 and # 6187 at Peconic Bay Boulevard, Laurel. D. Resolution to accept Minutes of January 8, 2009 for filing. E. Work Session, new business if any: 1. Planning & Zoning (Includes Code Committee). 2. *Association of Towns ZBA budget $100 each (preregistration for day courses in NYC). IV. POSSIBLE EXECUTIVE SESSION (litigation or personnel).