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Home My WebLink AboutZBA-03/19/2009 LN 11:05 A.M. MARY E. MANNING # 6265 – by Mon. 3/2 a.m. possible amendment from R. Lark, Esq. adding request for Interpretation. LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 19, 2009 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, MARCH 19, 2009: 9:30 A.M. M. MENSCH, LLC and NORTH FORK SELF STORAGE # 6259. Request for Variances, based on the Building Inspector's November 25, 2008 Notice of Disapproval, which states that a proposed public self-storage building with an Apartment is not permitted, for the following reasons: (1) under Section 280-64C, no single structure shall have more than 60 linear feet of frontage on one street and the building will exceed this frontage along Depot Lane, and further, (2) under Section 280-62C Accessory Uses, an Apartment is not a permitted accessory use. Location of Property: 115 Commerce Drive, Cutchogue; CTM 96-1-1.2. 9:40 A.M. STEVEN and CHRISTINE GARMS # 6260. Request for a Variance under Section 280-15, based on the Building Inspector's November 24, 2008 Notice of Disapproval concerning a proposed swimming pool in a side yard instead of the code-required rear yard, at 425 Rene Drive, Southold (Lot 3 on the 1978 Map of Gendron Minor Subdivision); CTM 54-6-4.1. 9:55 A.M. JAMES and DENISE MARTIN #6262. Request for a Variance under Section 280-114, based on the Building Inspector's November 7, 2008 Notice of Disapproval concerning proposed one-story additions and alterations to the existing dwelling, which new construction will be less than the code- required front yard setback of 60 feet on this 160,781 square foot parcel, located at Meadow Beach Lane extension (129 Suter’s Right-of-Way), Mattituck; CTM 116-4-31. 10:05 A.M. E. MARELIC #6255. Request to Waive a merger of two properties under Zoning Code Section 280-11, based on the Building Inspector’s November 24, 2008 Notice of Disapproval, citing Section 280- 10. This property is shown on the Map of Bay Haven, Lots 32 and 33 as: (1) CTM 88-4-19 as vacant land, with a nonconforming area of +/- 17,500 square feet, and (2) CTM 88-4-18 as an improved parcel, with a nonconforming area of +/- 17,500 square feet, at 1160 and 1000 Bay Haven Lane, Southold. 10:20 A.M. FRANK ZAGARINO TRUST by Carey Zagarino # 6257. Requests for Variances under Section 280-124, based on the Building Inspector's November 14, 2008 Notice of Disapproval concerning a new single-family dwelling (after demolition of the existing building), for the reasons that the new construction: (1) will exceed the code-limitation of 20% lot coverage on this 8,711 square foot lot, and Page 2 – Legal Notice March 19, 2009 Public Hearings Southold Town Zoning Board of Appeals (2) will be less than the code-required 35 ft. minimum rear yard setback. Location of Property: 200 South Oakwood Drive (westerly side), at Laurel, also shown on the Map of Laurel Park as Lot 15 and part of 16; CTM 1000-145-3-3.1. 10:35 A.M. BRIAN FRAWLEY # 6261. Request for Variances based on the Building Inspector's November 3, 2008 Notice of Disapproval and Zoning Code Interpretation # 5039 (Walz Application), citing Code Sections 280-112 and 280-124 for the minimum required side yard setbacks on nonconforming lots (51,955 square feet in this R-80 Zone). The applicant is proposing a new dwelling at less than 20 feet on a single side yard and less than 40 feet for total side yards. Location of Property: 4545 Hallock Lane (a private road), Mattituck; CTM 1000-112-1-2. 10:50 A.M. FRANK PALILLO and DIANE PALILLO # 6263. Request for a Variance under Sections 280-116- C and 280-124, based on the Building Inspector's December 2, 2008 Notice of Disapproval concerning proposed additions and alterations 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 less than 75 feet from Great Pond (freshwater). Location of Property: 7433 Soundview Avenue, Southold; CTM 59-6-5.1. 11:05 A.M. MARY E. MANNING # 6265. Request for a Variance under Section 280-124, based on the Building Inspector's revised December 12, 2008 Notice of Disapproval concerning a proposed addition to the existing single-family dwelling: (1) which will be less than the code-required minimum 10 ft. side yard, and (2) which new construction will place the existing garage in a side yard instead of the code-required rear yard, at 700 Terry Lane, Southold; CTM 65-1-12. 11:20 A.M. PETER and GAIL SCHEMBRI #6256 and #6276 as amended. Requests for the Variances, based on the Building Inspector’s January 20, 2009 amended Notice of Disapproval concerning: ( 1) a proposed rear addition to the existing dwelling with a setback at less than 100 feet from the top of the bluff adjacent to the Long Island Sound, and (2) concerning a proposed single-story addition to the existing dwelling with a setback at less than the code-required 15 feet on a single side yard on this 24,053 square foot nonconforming lot. Location of Property: 1425 Sound View Road, Orient, CTM 15-3-16. 11:40 A.M. HIGHLAND HOUSE FI, LLC #6253. Request for a Variance under Section 280-121G, based on the Building Inspector's November 10, 2008 Notice of Disapproval concerning proposed alterations to an existing detached garage with (nonconforming) apartment above. The reasons stated are that “whenever a nonconforming use of a building or premises has been discontinued for a period of more than two years or has been changed to a higher classification or to a conforming use, anything in this article to the contrary notwithstanding, the nonconforming use of such building or premises shall no longer be permitted, unless a variance therefore shall have been granted by the Board of Appeals. The building Inspector’s Notice of Disapproval is based on a Pre-Existing Certificate of Occupancy application inspection report dated 10/27/08 that states that the existing detached garage with apartment above has not been used in years. Location of Property: Oceanview Avenue and Heathulie Avenue, Fishers Island; CTM Parcel 1000-9-11-7.12. 12:00 P.M. PAUL KATZ #6258 - Request for a Variance under Section 280-15(F), based on the Building Inspector's June 23, 2008 Notice of Disapproval concerning a proposed accessory garage at a setback of less than the code-required minimum of 50 feet from the front yard lot line, at Mattituck Creek, 100 West Mill Road, Mattituck; CTM 113-4-2. 12:10 P.M. KEVIN B. and JEANINE FAGA #6281 (amended) and 6243. Requests for Variances under Sections 280-124 and 280-116B, based on the Building Inspector's February 23, 2009 amended Notice of Disapproval concerning proposed additions and alterations to the existing single-family dwelling at less than the code-required minimum of 10 feet on a single side yard and less than 75 feet from the existing bulkhead adjacent to Orient Harbor, at 12580 Main Road, East Marion; CTM Parcel 1000-31-14-8.2. Page 3 – Legal Notice March 19, 2009 Public Hearings Southold Town Zoning Board of Appeals 12:15 P.M. ROMANELLI REALTY, INC. #6224 and #6100. (Continued hearing pending additional information.) Location of Property: 36660 Route 25 (South Side of Main Road), Cutchogue; CTM 97-3-3.1 (formerly 97-3-3). Requests for the following 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) Special Exception for a contractor’s yard under Section 280-40B-2; (2) Variances for proposed construction of three buildings, which are not permitted for the reason that Section 280-24A, Bulk Schedule allows one use per 80,000 square feet in the Limited Business (LB) Zone, and the proposed three buildings constitute three distinct uses (on less than 240,000 square foot lot size); (3) Variance for proposed Building #1 regarding linear frontage exceeding the 60 feet, which is not permitted under Section 280-43C; (4) Variance for proposed Building #2 at less than 75 feet from the rear property line, Section 280-42A; (5) Variance for proposed Building #3 at less than 20 feet from the side lot line, Section 280-42A; The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and to the day of the prior hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda.Kowalski@Town.Southold.ny.us. Dated: February 27, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959