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Home My WebLink AboutZBA-02/19/2009 Agenda AGENDA Prep. 2/17 REGULAR MEETING THURSDAY, FEBRUARY 19, 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: 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: JOHN and MARGARET TONER # 6239. PHYLLIS KAUFER # 6240. KEVIN B. and JEANINE FAGA #6243. TIMOTHY WOOD and MIRA DOUGHERTY-JOHNSON #6244. ISIDOROS TSIRNIKAS and MARIA PAPGIANNAKIS # 6252. DEBORAH M. PONTINO #6254. LEWIS TOPPER #6248. MICHAEL and DANA MEYRAN #6251. MICHAEL and LAURA CHAPMAN LIVING TRUST #6249. DIANE and HENRY HOBBS #6247. II. PUBLIC HEARINGS introduction with reading of Legal Notice by ZBA representative - before receiving testimony. (All speakers to provide their names and addresses.) Speakers limited to 15 minutes. 9:30 A.M. JOHN and MARGARET TONER # 6239. Request for Variances under Section 280- 124, based on the Building Inspector's amended October 20, 2008 Notice of Disapproval concerning as-built additions and alterations which exceed the code limitation of 20% of buildable area lot coverage and is less than the minimum required setbacks for combined side yard setbacks of 25 feet. Location of Property: 875 Sigsbee Road, Laurel; CTM 1000-143-2-16. 9:40 A.M. PHYLLIS KAUFER # 6240. Request for a Variance under Section 280-15c, based on the Building Inspector's October 6, 2008 Notice of Disapproval concerning a proposed two- story accessory garage which will exceed the code limitation of 750 square feet. Location of Property: 3175 Nassau Point Road, Cutchogue; CTM 1000-104-13-12. Page 2 – Agenda February 19, 2009 Regular Meeting Southold Town Zoning Board of Appeals II. PUBLIC HEARINGS introduction with reading of Legal Notice by ZBA representative - before receiving testimony. (All speakers to provide their names and addresses.) Speakers limited to 15 minutes. 9:50 A.M. KEVIN B. and JEANINE FAGA #6243. Request for a Variance under Section 280- 116B, based on the Building Inspector's October 23, 2008 Notice of Disapproval concerning proposed additions and alterations to the existing single-family dwelling at less than the code- required minimum of 75 feet from the existing bulkhead adjacent to Orient Harbor, at 12580 Main Road, East Marion; CTM Parcel 1000-31-14-8.2. 10:00 A.M. TIMOTHY WOOD and MIRA DOUGHERTY-JOHNSON #6244. Request for Variances under Section 280-124, based on the Building Inspector's revised December 30, 2008 Notice of Disapproval concerning a proposed new single-family dwelling (after demolition of the existing building) in a location with front yard setbacks at less than 35 feet, on this 10,067 square foot parcel. Location of Property: 340 Locust Lane (and Korn Road), Southold; CTM 62-3-26. 10:15 A.M. ISIDOROS TSIRNIKAS and MARIA PAPGIANNAKIS # 6252. Request for Variances under Section 280-15, based on the Building Inspector's November 12, 2008 Notice of Disapproval for a proposed accessory swimming pool in a front yard instead of the code- required rear yard, and for a fence at a height which will exceed the code limitation of four (4’) feet in a front yard location adjacent to C.R. 48 (a/k/a North Road). Location of Property: 940 Homestead Way, Greenport; CTM 1000-40-2-20. 10:30 A.M. DEBORAH M. PONTINO #6254. Request for a Special Exception under Section 280- 13B to establish an Accessory Apartment in this single-family dwelling, with owner-occupancy, at 2675 Indian Neck Lane, Peconic; CTM 1000-86-5-13. 10:45 A.M. LEWIS TOPPER #6248. Location of Property: 3606 Camp Mineola Road, Mattituck; adjacent to Great Peconic Bay; CTM 1000-123-6-13. Request for Variances under Sections 280- 12 and 280-124, based on the Building Inspector's amended October 10, 2008 Notice of Disapproval and the owner’s request for a building permit to construct a new single-family dwelling and a new accessory building proposed with a nonconforming use (after demolition of the existing dwelling and existing nonconforming accessory building). The reasons for disapproving the building permit application are that: (1) the proposed single-family dwelling will be less than 15 feet on a single side yard; (2) the proposed single-family dwelling will be less than 35 feet for total side yard setbacks; (3) the proposed dwelling at less than 75 feet from the bulkhead adjacent to Great Peconic Bay; (4) a new accessory building is proposed with (nonconforming) habitable space, and permitted uses are limited to single-family detached dwellings, not to exceed one dwelling on each lot. Page 3 – Agenda February 19, 2009 Regular Meeting Southold Town Zoning Board of Appeals II. PUBLIC HEARINGS, continued. Introduction with reading of Legal Notice by ZBA representative - before receiving testimony. (All speakers to provide their names and addresses.) Speakers limited to 15 minutes. 11:00 A.M. MICHAEL and DANA MEYRAN #6251. Request for a Variance under Sections 280- 122A and 280-124, based on the applicant’s request for a building permit and the Building Inspector's November 6, 2008 Notice of Disapproval under Zoning Code Interpretation #5039 (Application by R. Walz), concerning proposed reconstruction of a dwelling in a location which will increase in the degree of nonconformance at less than 35 feet from the code-required minimum front yard setback, at 280 Youngs Avenue, Mattituck; CTM 1000-141-1-31. 11:30 A.M. MICHAEL and LAURA CHAPMAN LIVING TRUST #6249. Request for Variances under Sections 280-122A and 280-124, based on the Building Inspector's revised November 10, 2008 Notice of Disapproval concerning additions and alterations to the existing single-family dwelling, which construction will increase the degree of nonconformance when located less than the code required minimum of 35 feet from the front yard lot line adjacent to a private right-of-way and Alpine Avenue, Fishers Island, NY; CTM Parcel 1000-10-8-7 and 6 (merged as one lot). (Agenda items continue during afternoon session). Resolution to recess and to reconvene at 1:30 P.M. Motion by Member __, seconded by ___, * * * 1:30 P.M. Resolution to reconvene: Motion by Chairman Goehringer, seconded by Member ___, to reconvene the Regular Meeting and continue with agenda items: II. PUBLIC HEARINGS, continued. Introduction with reading of Legal Notice by ZBA representative - before receiving testimony. (All speakers to provide their names and addresses.) Speakers limited to 15 minutes. 1:30 P.M. LLOYD KAPLAN # 6221 (carryover, pending alternative plan or other information from applicant). Proposed swimming pool: (1) less than 40 feet from front line adjacent to street, (2) lot coverage exceeding 20% code limitation on this 14,679 square feet of land area adjacent to the Long Island Sound, at 105 Soundview Avenue, Southold; CTM 50-2-3. 2:00 P.M. HOPE SCHNEIDER # 6215 (carryover). Variances to increase the degree of rear yard setback nonconformity less than 35 feet, (2) to increase the degree of side yard setbacks at less than 10 feet and less than 25 feet combined, (3) less than 75 feet from the bulkhead, (4) exceeding the code limitation of 20% lot coverage, concerning a new dwelling on 4,914 square feet of buildable area, at 1960 Mill Lane (Goldsmiths Inlet), Southold; CTM 67-7-11 Page 4 – Agenda February 19, 2009 Regular Meeting Southold Town Zoning Board of Appeals II. PUBLIC HEARINGS, continued. Introduction with reading of Legal Notice by ZBA representative - before receiving testimony. (All speakers to provide their names and addresses.) Speakers limited to 15 minutes. 2:15 P.M. RYAN and JENNIFER STORK # 6187 and #6232 amendment (carryover, extending time as requested by applicant before closing the hearing). 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 relocation with reconstruction of an existing 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: 3270 Peconic Bay Boulevard, Laurel; CTM 128-6-8 adjacent to Great Peconic Bay. 2:30 P.M. DIANE and HENRY HOBBS #6247. Request for a Variance under Sections 280-122A and 280-124, based on the Building Inspector's September 24, 2008 Notice of Disapproval and ZBA #5039 (Zoning Code Interpretation in the Matter of R. Walz). The Building Inspector states that the proposed alterations and additions to the existing single-family dwelling will constitute an increase in the degree of nonconformance at less than 40 feet from the code-required minimum front yard setback, at 800 Sterling Road adjacent to a freshwater pond, Cutchogue; CTM 1000-104-4-9. (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 March 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, March 5, 2009 - 6 PM at Town Hall Annex (Capitol One Building) Second Floor, Youngs Avenue, Southold. C. Resolution to accept Minutes of January 22, 2009 for filing. IV. POSSIBLE EXECUTIVE SESSION (litigation or personnel).