HomeMy WebLinkAboutZBA-03/19/2009 Agenda
AGENDA
Prep. 3/15
REGULAR MEETING
THURSDAY, MARCH 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:
A. Motion offered by __, seconded by __, to determine Type II Actions for the following (no further
step required for dimensional variances, accessory special permits/Accessory Apartments, Bed and
Breakfast Uses):
M. MENSCH, LLC and NORTH FORK SELF STORAGE # 6259.
STEVEN and CHRISTINE GARMS # 6260.
JAMES and DENISE MARTIN #6262
E. MARELIC #6255.
FRANK ZAGARINO TRUST by Carey Zagarino # 6257.
BRIAN FRAWLEY # 6261.
FRANK PALILLO and DIANE PALILLO # 6263.
MARY E. MANNING # 6265.
PETER and GAIL SCHEMBRI #6256 and #6276 as amended.
HIGHLAND HOUSE FI, LLC #6253.
PAUL KATZ #6258.
KEVIN B. and JEANINE FAGA #6281 (amended) and 6243.
B. Pending via Lead Agency (PB): ROMANELLI REALTY INC. # 6224 – Special Exception for
commercial use as contractor yard.
II. PUBLIC HEARINGS introduction by ZBA with reading of Legal Notice - before receiving testimony.
(All speakers are requested to provide their name and address and limit presentation to 15 minutes.)
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.
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March 19, 2009 Regular Meeting
Southold Town Zoning Board of Appeals
II. PUBLIC HEARINGS introduction by ZBA with reading of Legal Notice - before receiving testimony.
(All speakers are requested to provide their name and address and limit presentation to 15 minutes.)
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 (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 an Interpretation and/or 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
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March 19, 2009 Regular Meeting
Southold Town Zoning Board of Appeals
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.
II. PUBLIC HEARINGS introduction by ZBA with reading of Legal Notice - before receiving testimony. (All
speakers are requested to provide their name and address and limit presentation to 15 minutes.)
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.
th
12:15 P.M. ROMANELLI REALTY, INC. #6224 and #6100. (Carryover from December 4 Hearing
for 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;
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March 19, 2009 Regular Meeting
Southold Town Zoning Board of Appeals
(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;
(End of public hearings; Regular Meeting continues.)
III. DELIBERATIONS/DECISION:
PH 2/19 (
with last submissions on 3/5 and 3/16). (Await next step for possible deliberations or other procedural step):
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 104-4-9.
PH 2/19 (pending site visits):
LEWIS TOPPER #6248 (). Location of Property: 3606 Camp Mineola Road, Mattituck;
as amended 2/19
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
are
nonconforming accessory building). The reasons for disapproving the building permit application
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
Please note:
are limited to single-family detached dwellings, not to exceed one dwelling on each lot.
2/19 public hearing and attorney confirmed at hearing use is proposed to conform to code
(confirming no variance is requested for any non-permitted use).
Page 5 – Agenda
March 19, 2009 Regular Meeting
Southold Town Zoning Board of Appeals
PH 2/19:
: MICHAEL and DANA MEYRAN #6251. Request
Tabled to next meeting pending update by applicant’s agent
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.
RESOLUTIONS/UPDATED REVIEWS/OTHER:
A. Resolution to advertise in the Town’s official newspaper public hearings for complete
applications, to be held April 23, 2009 at a Regular Meeting commencing at 9:30 A.M. at
Southold Town Meeting Hall, 53095 Main Road, Southold.
B. Next Special Meeting: Thursday, April 14, 2009 at 6 PM, in the Town Hall Annex (Capitol
One Building) Second Floor Executive Board Room, Youngs Avenue, Southold.
C.
IV. POSSIBLE EXECUTIVE SESSION (litigation).