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HomeMy WebLinkAboutZBA-05/28/2009 Agenda AGENDA 5/26 ZBA REGULAR MEETING THURSDAY, MAY 28, 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. Resolution: 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): DEBORAH SUTHERLAND and CHARLENE MOTT # 6273. LUKE LICALZI #6280 STANLEY and CHRISTINE MALON # 6271 WILLIAM and MARGARET HOWELL # 6275 KENNETH MARLBOROUGH # 6279 VINCENT AND LAURA MANETTI #6278 MICHAEL and LINDA GAMBARDELLA #6272 JOHN and KATHLEEN BERKERY # 6277 SUSAN TSAVARIS #6289 LEANN NEALZ #6274 B. (No action - (Tabled pending Lead Agency determination and additional information from applicant): ROMANELLI REALTY INC. # 6224 – Special Exceptions for commercial uses (contractor yard). C. (No action - (Tabled pending Lead Agency determination and additional information from applicant): E&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 May 28, 2009 Regular Meeting Southold Town Zoning Board of Appeals II. PUBLIC HEARINGS with introduction and reading of Legal Notice by ZBA - before receiving testimony. (All speakers are requested to provide their name and address and limit today’s presentation to 15 minutes.) 9:40 A.M. DEBORAH SUTHERLAND and CHARLENE MOTT # 6273. Request for a Variance under Zoning Code Section 280-13(m), based on the Building Inspector's January 14, 2009 Notice of Disapproval concerning an application concerning conversion of the basement area to an accessory apartment (without a permit). The Certificate of Occupancy for the existing single-family dwelling was issued May 31, 2007, and Section 280-13(m) states that the building must have a valid Certificate of Occupancy issued prior to January 1, 1984, or proof of occupancy prior to that date. Location of Property: 42205 County Road 48 (a/k/a North Road, Middle Road), Southold; CTM 1000-59-3-25.1. 9:50 A.M. LUKE LICALZI #6280. Location of Property: 2105 Calves Neck Road, Southold; CTM 1000-70-4- 46.1. Requests for Variances under Sections 280-15-F and 280-122, based on the Building Inspector's revised February 23, 2009 Notice of Disapproval concerning proposed additions and alterations to the existing accessory structure and concerning the accessory building (as-built pool-house) which are not permitted, for the following reasons: 1) Accessory Garage building with proposed additions/alterations: a) create an increase in the degree of the side yard location nonconformance, where the code permits a location in a rear yard or front yard on this waterfront parcel; b) create an increase in the degree of the setback to the side property line at less than the code required minimum of 15 feet on this 58,519 square foot lot; c) the height is proposed at 25 feet, where 22 feet is the maximum code-permitted; 2) Accessory Poolhouse building: the as-built construction is in a side yard, where the code permits a location in a rear yard or front yard on this waterfront parcel. 10:05 A.M. STANLEY and CHRISTINE MALON # 6271. Location of Property: 1445 Fleetwood Road, Cutchogue; CTM 1000-137-4-33.1. Requests for Variances under Section 280-17A(1) and Section 2780- 15(b)(c)(d), based on an application for a building permit and the Building Inspector's November 5, 2008 Notice of Disapproval concerning a proposed accessory garage/pool house. The reasons that the application were disapproved are: (1) two one-family dwellings will be created on this 16,059 square foot lot, (2) the proposed total square footage will be 1739 square feet instead of the code limitation of 660 square feet for lots up to 20,000 square feet in area, (3) the dormers will exceed 40% of the roof width limitation, (4) the height will be 24.6 feet instead of the code maximum limitation of 22 feet , (5) the setback will be six (6) feet instead of the code required minimum of 20 feet. Page 3 – Agenda May 28, 2009 Regular Meeting Southold Town Zoning Board of Appeals 10:20 A.M. WILLIAM and MARGARET HOWELL # 6275. Request for a Variance under Section 280-116A(1), based on the Building Inspector's October 15, 2008 Notice of Disapproval concerning an application for a building permit to construct additions and alterations to the existing dwelling, which new construction will be less than 100 feet from the top of the bluff or bank of the Long Island Sound, at 9202 Bridge Lane, Cutchogue; CTM 1000-73-2-3.1. 10:30 A.M. KENNETH MARLBOROUGH # 6279. Request for a Variance under Section 280-15, based on the Building Inspector's October 7, 2008 Notice of Disapproval concerning an application for a building permit to locate an accessory swimming pool structure in a front yard in part, rather than entirely in a rear yard, at 95 Strohson Road at Little Neck Road, Cutchogue; CTM 1000-103-10-15. 11:00 A.M. VINCENT AND LAURA MANETTI #6278. Requests for Variances under Sections 280-116-B and 280-122, based on the Building Inspector's November 19, 2008 Notice of Disapproval concerning proposed additions and alterations to the existing single-family dwelling. The reasons stated for disapproving the building permit application are that the new construction will constitute an increase in the degree of nonconformance on a single side yard, on total (both) side yard setbacks, and at less than 75 feet from the bulkhead, at 150 West Shore Drive, Southold; CTM 1000-80-5-5.1 adjacent to Southold Bay. 11:15 A.M. MICHAEL and LINDA GAMBARDELLA #6272. Requests for Variances under Section 280-124, based on the Building Inspector's December 15, 2008 amended Notice of Disapproval concerning a proposed addition to the single-family dwelling. The proposed breezeway addition is proposed to connect the preexisting two-story garage to the dwelling, resulting in: (1) a side yard setback at less than the code-required 15 ft. minimum and (2) lot coverage exceeding the code limitation of 20%, at 9480 Nassau Point Road, Cutchogue; CTM 1000-118-6-7 (adjacent to Peconic Bay). 11:25 A.M. JOHN and KATHLEEN BERKERY # 6277. Location of Property: 250 Bayview Drive, East Marion (adjacent to Spring Pond); CTM 37-4-2. Requests for Variances under Sections 280-116 and 280-124, based on the Building Inspector's January 15, 2009 Notice of Disapproval concerning an application for a building permit to construct additions and alterations to the existing dwelling. The reasons stated for disapproving the application are: (1) a single side yard setback will be less than 10 feet; (2) the combined side yard setbacks will be less than 25 feet (both sides); (3) the rear yard setback will be less than 35 feet from the property line; (4) the setback to the bulkhead will be less than the code required minimum of 75 feet; (5) the percentage of lot coverage on this buildable lot area of 8,676.41 square feet will exceed the code limitation of 20%. Page 4 – Agenda May 28, 2009 Regular Meeting Southold Town Zoning Board of Appeals Resolution: (Recess until 1:10 P.M.) 1:10 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.) 1:10 P.M. SUSAN TSAVARIS #6289. Request for a Variance under Section 280-116A(1), based on the Building Inspector's March 4, 2009 Notice of Disapproval concerning a proposed addition and alterations to the existing dwelling with a setback at less than 100 feet from the top of the bluff or bank of the Long Island Sound, at 2170 The Strand, East Marion; CTM 1000-30-2-53. 1:15 P.M. MADELINE DROEGE # 6267. (Pending attendance also by current owner/applicant). 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) with serving of breakfast to guests for overnight stay as B & B guests, 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. 1:40 P.M. LEANN NEALZ #6274. Requests for Variances under Section 280-124, based on the Building Inspector's January 14, 2009 revised Notice of Disapproval concerning a proposed rear screen porch addition to the existing dwelling, which construction will result in a rear yard setback at less than the code required minimum of 35 feet and lot coverage exceeding the code limitation of 20%, at 195 Village Lane, Orient; CTM 1000-18-5-8. (End of hearings; Regular Meeting continues.) III. BOARD’S DELIBERATIONS/DECISIONS: PHs concluded April 23: rd 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. 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 Page 5 – Agenda May 28, 2009 Regular Meeting Southold Town Zoning Board of Appeals 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. III. BOARD’S DELIBERATIONS/DECISIONS: PHs concluded April 23: rd ROBERT and BETH ANELLO #6242. Request for Variances under Sections 280-124, 280-122 and under Walz Zoning Code ZBA #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 con- cerning: (1) side yard less than 10 feet, (2) total side yards less than 25 feet, (3) in addition Variance for lot coverage exceeding the code limitation of 20% on this nonconforming 6,825 sq. ft. lot located at 1980 Leeton Drive, Southold, adjacent to the L.I. Sound. 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: 1134 Bridge Lane, Cutchogue; CTM Parcel 1000-118-1-9 adjacent to Wunneweta Pond. 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. Other: Tabled to June 16: th (Pending applicant’s lot coverage data from surveyor). 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: 1175 First Street, New Suffolk; CTM Parcel 117-7-27. IV. RESOLUTIONS/UPDATED REVIEWS/OTHER: Page 6 – Agenda May 28, 2009 Regular Meeting Southold Town Zoning Board of Appeals A. Resolution to advertise public hearings concerning complete applications in the Town official newspaper (Suffolk times) for one week, to be held at Regular Meeting of June 25, 2009 commencing at 9:30 A.M. at Southold Town Meeting Hall, 53095 Main Road, Southold. B. Next Special Meeting: Tuesday, June 16, 2009 at 6 PM, in the Town Hall Annex (Capitol One th Building) Second Floor Executive Board Room, Youngs Avenue, Southold. C. Resolution to accept Minutes of Meeting held April 23, 2009 for filing. V. POSSIBLE EXECUTIVE SESSION (litigation or other t/b/d).