The URL can be used to link to this page

Home My WebLink AboutZBA-04/14/2009 Agenda AGENDA Prep. 4/9 SPECIAL MEETING TUESDAY, APRIL 14, 2009 6:00 P.M. Place of Meeting: Southold Town Hall Annex, Capitol One Building, 54375 Main Road at Youngs Avenue, Southold. Call to Order by Chairman Gerard P. Goehringer. I. STATE ENVIRONMENTAL QUALITY REVIEW ACT updates: A. Pending reviews via Planning Board as Lead Agency: ROMANELLI REALTY INC. # 6224 – Special Exception for commercial uses (contractors’ yards). B. II. DELIBERATIONS/DECISIONS: (No testimony, for Board Member deliberations, etc.) PHs concluded March 19, 2009: 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. 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. 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. Page 2 – Agenda April 14, 2009 Special Meeting Southold Town Zoning Board of Appeals PHs concluded March 19, 2009, continued: 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. 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. 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. 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 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. 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. Page 3 – Agenda April 14, 2009 Special Meeting Southold Town Zoning Board of Appeals 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. PHs concluded March 19, 2009, continued: PAUL KATZ #6258: 1) Letter requesting increase of garage size by two feet: consideration as to accept or not to accept under de minimus review, resulting in same setback without increasing degree of nonconformity that was requested; and 2) Variance under Section 280- 15(F), based on the Building Inspector's June 23, 2008 Notice of Disapproval concerning a proposed accessory garage at 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. 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. III. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. RESOLUTION to confirm the following Application as Withdrawn (as requested in an April 6, 2009 letter from the applicant’s agent to the ZBA): 1) 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. Page 4 – Agenda April 14, 2009 Special Meeting Southold Town Zoning Board of Appeals III. RESOLUTIONS/UPDATED REVIEWS/OTHER, continued: B. ZBA#6236 - M. and T. Hughes Application regarding trailer permits (final 4/23 public hearing and Memo to Town Clerk). C. Work Session, or New Business: 1. Committees (Code Committee, LWRP, other reviews/updates/information). 2. New business (if any). D. Next Meeting: April 23, 2009 commencing at 9:30 A.M. Town Hall Meeting Room, 53095 Main Road, Southold, NY. E. Resolution accepting Minutes of March 19, 2009 Meeting for filing. IV. EXECUTIVE SESSION (litigation updates, if any).