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Home My WebLink AboutZBA-04/23/2009 Agenda FINAL AGENDA 4/17; 4/20; upd 4/22 p. 5 REGULAR MEETING THURSDAY, APRIL 23, 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): EFSTATHIOS and MARYANN KATSOULAS # 6270. MADELINE DROEGE # 6267 ROBERT and BETH ANELLO #6242 PETER BACCILE and KATHERINE BACCILE #6266 DAVID BERWALD # 6250 ERIC McCLURE # 6269 ALAN CARDINALE, JR. #6246 B. (No action - pending via Lead Agency): ROMANELLI REALTY INC. # 6224 – Special Exception for commercial use as contractor yard. C. (No action - pending via Lead Agency): E and C PROPERTY HOLDING, INC. with EDUCATIONAL & CULTURAL FUND OF THE JOINT INDUSTRY BOARD FOR THE ELECTRICAL INDUSTRY #6245 – special Exception for meeting house; special exception for motel units. Page 2 – Agenda April 23, 2009 Regular Meeting Southold Town Zoning Board of Appeals II. PUBLIC HEARINGS with introduction by ZBA with reading of Legal Notice - before receiving testimony. (All speakers are requested to provide their name and address and limit today’s presentation to 15 minutes.) 9:30 A.M. EFSTATHIOS and MARYANN KATSOULAS # 6270. Request for Variances under Sections 280-122 and ZBA Interpretation # 5039 (R. Walz) based on the Building Inspector's November 12, 2008 Notice of Disapproval concerning proposed additions and alterations to the existing dwelling, which new construction will constitute an increase in the degree of front yard setback and lot coverage non-conformances. Location of Property: 1175 First Street, New Suffolk; CTM Parcel 117-7-27. 9:40 A.M. MADELINE DROEGE # 6267. Request for a Special Exception in accordance with Code Section 280-13B(14) for establishment of an Accessory Bed and Breakfast, as an accessory use in the existing single-family dwelling, with owner-occupancy, for the purpose of lodging (two guest bedrooms) and serving of breakfast for up to ten (10) casual, transient roomers, at 885 Petty’s Drive, Orient, a/k/a as Lot 6 on the filed Map of Petty’s Bight; CTM Parcel #1000-14-2-24. 9:50 A.M. ROBERT and BETH ANELLO #6242. Request for Variances under Sections 280-124, 280-122 and ZBA Code Interpretation under R. Walz #5039, based on the Building Inspector's amended October 29, 2008 Notice of Disapproval. New construction is proposed as additions and alterations to the existing single-family dwelling at less than the code-required minimum concerning: (1) side yard less than 10 feet, (2) total side yards less than 25 feet. In addition a Variance is request for lot coverage exceeding the code limitation of 20% on this nonconforming 6,825 square foot lot located at 1980 Leeton Drive, Southold, adjacent to the Long Island Sound. 10:05 A.M. ANDREW and ELIZABETH GREENE #6235 (as amended 3/24/09). Request for a Variance under Code Section 280-14, based on the Building Inspector's March 20, 2008 Notice of Disapproval concerning an amended application for a building permit to construct an addition (conditioned space) to attach the as-built construction to the dwelling, which as-built construction will be less than the code-required 20 ft. minimum from the side yard. (The applicant withdraw the previous request for an accessory building with non-permitted use). Location of Property: 30653 C.R. 48 (a/k/a Middle Road or North Road), Peconic; CTM 73-4-5. 10:20 A.M. PETER BACCILE and KATHERINE BACCILE #6266. Request for a Variance under Section 280-15 based on the Building Inspector's October 16, 2008 Notice of Disapproval concerning a proposed accessory garage-storage building proposed in a side yard location at Equestrian Avenue (north/east of Oceanview Avenue), Fishers Island; CTM 1000-9-3-11. Page 3 – Agenda April 23, 2009 Regular Meeting Southold Town Zoning Board of Appeals II. PUBLIC HEARINGS with introduction by ZBA with reading of Legal Notice - before receiving testimony. (All speakers are requested to provide their name and address and limit today’s presentation to 15 minutes.) 10:35 A.M. DAVID BERWALD # 6250. Request for Variances under Sections 280-124 and 280-116A(1) based on the Building Inspector's November 10, 2008 Notice of Disapproval concerning proposed new dwelling construction (after demolition of the existing dwelling). The new construction will be less than the code required minimum: (a) single side yard at less than 10 feet, (b) combined side yards at less than 25 feet, (c) setback less than 100 feet to the bluff adjacent to the Long Island Sound. In addition, a variance is requested for lot coverage in excess of the code limitation of 20 percent of the lot size after deducting land area below the top of bluff. Location of Property: 1525 Aquaview Avenue, East Marion; CTM Parcel 22-2-3. 10:50 A.M. E and C PROPERTY HOLDING, INC. and EDUCATIONAL & CULTURAL FUND OF THE JOINT INDUSTRY BOARD FOR THE ELECTRICAL INDUSTRY #6245 (formerly Santorini Restaurant/Motel). Location of Property: 3800 Duck Pond Road, Cutchogue adjacent to L.I. Sound, CTM Parcel 1000-83-2-17.3. The applicant requests the following, based on the Building Inspector's amended October 20, 2008 Notice of Disapproval: (a) Variance under Zoning Code Section 280-36 based on an application for a building permit to construct a new building which will exceed the code limitation of 2½ stories; (b) Special Exception under Zoning Code Section 280-35B to construct and establish use as a conference facility for member private training and education classes; and (c) Special Exception under Zoning Code Section 280-35B concerning as-built Motel units in former accessory poolhouse building. 11:10 A.M. ERIC McCLURE # 6269. Request for Variances under Section 280-124 based on the Building Inspector's November 24, 2008 Notice of Disapproval concerning proposed deck construction (surrounding pool) which will be less than the code required minimum single side yard setback of 15 feet and less than the minimum required combined side yards of 35 feet, after removal of an existing preexisting deck, at 435 Westview Drive, Mattituck, adjacent to Long Creek; CTM Parcel # 139-1-23. Resolution: Recess until 1:00 P.M. Page 4 – Agenda April 23, 2009 Regular Meeting Southold Town Zoning Board of Appeals 1:00 P.M. Resolution to reconvene. II. PUBLIC HEARINGS with introduction by ZBA with reading of Legal Notice - before receiving testimony. (All speakers are requested to provide their name and address and limit today’s presentation to 15 minutes.) 1:00 P.M. ALAN CARDINALE, JR. #6246. Request for Variances under Sections 280-15C, 280-18, 280-116B, based on the Building Inspector's October 20, 2008 Notice of Disapproval concerning a proposed accessory garage under construction (after as-built demolition of an accessory garage), which new construction is proposed at less than the code-required minimum: (a) less than 50 feet for the front yard setback and (b) less than 75 feet from the bulkhead. Location of Property: 1134 Bridge Lane, Cutchogue; CTM Parcel 1000-118-1-9 adjacent to Wunneweta Pond. 1:15 P.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. 1:30 P.M. GEORGE YATRAKIS #6237. Request for Variances under Sections 280-15C and 280-116A(1), based applicant’s amended application and the Building Inspector's amended April 3, 2009 Notice of Disapproval concerning a proposed dwelling with trellis addition and swimming pool construction at less than 100 feet from the top of the bluff or bank on lots adjacent to the L.I. Sound, at 18805 Soundview Avenue, Southold; CTM 51-1-14. 1:50 P.M. MICHAEL and THERESE HUGHES #6236 (Continued Hearing). Request for Variances under Sections 280-4 and 280-12, based upon an application for a building permit and the Building Inspector's September 22, 2008 Notice of Disapproval stating that the as-built mobile home is not permitted for two reasons: (1) it constitutes a second dwelling unit, and (2) it contains less than 850 square feet of living area. Location of Property: 9525 Main Road, Mattituck; CTM 1000-122-6-13. (End of public hearings; Regular Meeting continues.) III. DELIBERATIONS/DECISIONS: (Board Members) PH held 3/19: (decision tabled to 5/19) 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 Page 5 – Agenda April 23, 2009 Regular Meeting Southold Town Zoning Board of Appeals 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: Oceanview Avenue and Heathulie Avenue, Fishers Island; CTM Parcel 1000-9-11-7.12. PH held 3/19; vote on revised reasons: JAMES and DENISE MARTIN #6262. Request for a Variance under Section 280-114, based on the Building Inspector's November 7, 2008 and April 22, 2009 amended 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. IV. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Resolution to advertise in the Town’s official newspaper public hearings for complete applications, to be held May 28, 2009 at a Regular Meeting commencing at 9:30 A.M. at Southold Town Meeting Hall, 53095 Main Road, Southold. B. Next Special Meeting: Tuesday, May 19, 2009 at 6 PM, in the Town Hall Annex (Capitol One Building) Second Floor Executive Board Room, Youngs Avenue, Southold. C. Resolution to accept Minutes of Meeting held April 14, 2009 for filing. IV. POSSIBLE EXECUTIVE SESSION (litigation or other t/b/d).