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Home My WebLink AboutZBA-06/25/2009 Agenda AGENDA Prepared 6/22 ZBA REGULAR MEETING THURSDAY, JUNE 25, 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. New reviews pending. Tabled to next meeting agenda (Type II Actions for the following (no further step required for dimensional variances, accessory special permits/Accessory Apartments, Bed and Breakfast Uses). DURANTE and ANNA GALEOTAFIORE #6286. MICHAEL and KATHLEEN MIGGINS # 6285. S. VILLAREAL and D. VILLAREAL # 6288. ANGELICA BERGOLEA and ISKENDER EREY # 6283. MICHAEL and ROBIN DREWS #6282. JOE RUGGIERI and RONNIE RUGGIERI (by John Ruggieri) #6291. SPIRO GEROULANOS #6290. MICHAEL CONWAY # 6287. DANIEL and NANCY FISHER #6292. BABS CORP. # 6284. Page 2 – Agenda June 25, 2009 Regular Meeting Southold Town Zoning Board of Appeals B. SEQRA Reviews Pending (Tabled, Additional Information to be submitted): ROMANELLI REALTY INC. #6100 Variances, and #6224 – Special Exceptions for commercial uses (contractors’ yards). C. SEQRA Reviews Pending (Tabled, Additional Information to be submitted): E&C PROPERTY HOLDING, INC. with EDUCATIONAL & CULTURAL FUND OF THE JOINT INDUSTRY BOARD FOR THE ELECTRICAL INDUSTRY #6245 – Special Exception for Meeting House and Motel Units. II. DELIBERATIONS/DECISIONS (continued from last meeting held June 16, 2009): PH concluded May 28: th 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. PH concluded May 28: th 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. PH concluded May 28: th 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 Page 3 – Agenda June 25, 2009 Regular Meeting Southold Town Zoning Board of Appeals 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; and 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. III. PUBLIC HEARINGS with Member’s reading of Legal Notice with brief introduction by ZBA - before receiving testimony. (All speakers are requested to provide their name and address and limit today’s presentation to 15 minutes.) 9:45 A.M. DURANTE and ANNA GALEOTAFIORE #6286. Requests for Variances, based on an application for a building permit and the Building Inspector’s December 2, 2008 Notice of Disapproval concerning new additions and alterations to the existing single-family dwelling. Variances are requested: (1) under Section 280-122 and Code Interpretation under ZBA #5039 (Walz), and for the reason that construction is proposed with an increase in the degree of nonconformance with regard to existing nonconforming single side yard, and each front yard, and (2) under Section 280-124 for additions at less than 10 feet on a minimum single side yard setback, at less than 35 feet from the front lot lines along Hobart Road, and at less than 35 feet from the front lot line along Old Shipyard Lane. Location of Property: 2635 Hobart Road (and Old Shipyard Lane), Southold; CTM 1000-64-5-31. 9:55 A.M. MICHAEL and KATHLEEN MIGGINS # 6285. This is a Lot Waiver request under Article II, Code Sections 280-10A and Section 280-11, based on an application for a building permit and an application to unmerge properties for an area of 13,987 square feet as a separate lot. Based on the Building Inspector’s February 23, 2009 Notice of Disapproval determination and Article II, Code Sections 280-10A and Section 280-11, this 13,987 square feet of land area has merged with the adjacent 8,902 square feet of land area. Location: 200 East Lane (and adjacent land known as 555 South Lane), East Marion, shown as County Tax Map Numbers 1000-31-15-12 and 1000-31-15-13 respectively. 10:10 A.M. S. VILLAREAL and D. VILLAREAL # 6288. Requests for Variances based on an application for a building permit and the Building Inspector’s June 10, 2008 Notice of Disapproval under Section 280-15 for the reason that an accessory garage on this 11,256 square foot lot because the code requires accessory buildings located in a required rear yard, subject to (1) the new construction is less than 15 feet from a property line and is proposed at a height of 20 feet, and (2) the new construction is not located in the code-required rear yard. Location of Property: 722 Brown Street, Greenport; CTM 48-3-25.1. 10:25 A.M. ANGELICA BERGOLEA and ISKENDER EREY # 6283. Requests for Variances under Sections 280-116B and 280-124, based on an application for a building permit and the Building Inspector’s February 17, 2009 Notice of Disapproval for additions and alterations to the existing single- family dwelling proposed at: (1) less than the code-required minimum of 75 feet from the bulkhead adjacent to Orient Harbor; (2) less than 10 feet on a single side yard, and (3) less than a total of 25 feet Page 4 – Agenda June 25, 2009 Regular Meeting Southold Town Zoning Board of Appeals for combined side yard setbacks, at 680 South Lane, East Marion; CTM 38-6-7. 10:50 A.M. MICHAEL and ROBIN DREWS #6282. Requests for Variances based on an application for a building permit and the Building Inspector’s February 17, 2009 Notice of Disapproval for construction of deck and platform accessory structures at less than the code-required minimum of 75 feet from the bulkhead adjacent to Little Peconic Bay, at 7425 Nassau Point Road, Cutchogue; CTM 118-4-2. 11:05 A.M. JOE RUGGIERI and RONNIE RUGGIERI (by John Ruggieri) #6291. Requests for Variances under Section 280-124, based on an application for a building permit and the Building Inspector’s amended March 17, 2009 Notice of Disapproval concerning a deck addition and garage addition to a new single-family dwelling (under construction), which will be less than the code-required minimum of 10 feet for a single side yard and less than a total of 25 feet for combined side yard setbacks, at 3690 Peconic Bay Boulevard, Laurel; CTM 128-6-6. 11:20 A.M. SPIRO GEROULANOS #6290. Request for a Variance under Section 280-124A, based on an application for a building permit and the Building Inspector’s March 5, 2009 Notice of Disapproval concerning raised patio and swimming pool construction which will be less than the minimum code- required 40 ft. front yard setback on this 31,915 square foot parcel, located at 2130 Broadwaters Road and Crabbers (unopened) Road, Cutchogue; CTM 104-9-13. 1:00 P.M. MICHAEL CONWAY # 6287. Request for a Variance under Section 280-124, based on the Building Inspector's November 6, 2008 Notice of Disapproval concerning a proposed addition with alteration to the existing single-family dwelling on a nonconforming 21,000+/- square foot lot, for the reason that the new construction will be less than the code-required minimum side yard of 15 feet, at 2950 Rocky Point Road, East Marion; CTM 31-2-1. 1:10 P.M. DANIEL and NANCY FISCHER #6292. Requests for Variances, based on an application to the Building Department and the Building Inspector’s February 6, 2009 Notice of Disapproval concerning a proposed subdivision of property for the following reasons: (1) the proposed subdivision is not permitted with less than a minimum 40,000 square foot lot size In the R-40 District, for proposed Lots #1 and #2 ; (2) the existing as-built (without permits) one-story structure is proposed on Lot #2 with a side yard setback at less than the code-required minimum of 15 feet; (3) the existing accessory shed is less than the code required minimum of 10 feet. Location of Property: 38785 Route 25 (Main Road) and Ryder Farm Lane, Orient; CTM 1000-15-8-1.1. 1:30 P.M. BABS CORP. # 6284. Requests for Variances, based on an application for a building permit and the Building Inspector’s June 3, 2008 Notice of Disapproval for the proposed reconstruction of a single-story accessory (barn) building on a conforming 20,082 square foot lot located in the Hamlet Business Zone District, for the reason the new construction will be less than the code-required minimum of 10 feet from two property lines (side and rear lot lines), at 13105 Main Road, Mattituck; CTM 140-3- 39. Page 5 – Agenda June 25, 2009 Regular Meeting Southold Town Zoning Board of Appeals 1:45 P.M. RESOLUTION confirming adjourning Applications #6100 and #6224 without a date. ROMANELLI REALTY LLC. IV. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Next Regular Meeting: 9:30 A.M. Thursday, July 30 to be held at Southold Town Meeting Hall-Court th Room, 53095 Main Road, Southold. B. Special Meeting: 6 P.M. Tuesday, July 21in the Town Hall Annex (Capitol One Building) Second st Floor Executive Board Room, Youngs Avenue, Southold. C. Resolution to accept Minutes of Meetings held: June 16, 2009, April 14, 2009, May 10, 2007, July 24, 2008, August 7, 2008, August 21, 2008. D. Work Session (general reviews of new files, committee updates, or other updates). V. POSSIBLE EXECUTIVE SESSION (litigation or other t/b/d).