HomeMy WebLinkAboutZBA-07/30/2009 LN
LEGAL NOTICE
SOUTHOLD TOWN ZONING BOARD OF APPEALS
THURSDAY, JULY 30, 2009
PUBLIC HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter
280 (Zoning), Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN
ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York
11971-0959, on THURSDAY, JULY 30, 2009:
9:40 A.M. DIANA DELUCIA # 6296. Request for Variances under Section 280-124, based on the
Building Inspector's February 10, 2009 Notice of Disapproval concerning a proposed deck
addition to the dwelling, which new construction will have setbacks from the front property line
at less than the code-required minimum of 35 feet and from the rear property line at less than 35
feet, at 4573 Wickham Avenue, Mattituck; CTM 107-4-5 (adjacent to Long Creek).
9:50 A.M. FISHERS ISLAND DEVELOPMENT CORPORATION for WALTER C. FLOWER III, and
JAMES M. and DIANE BAKER #6297. Request for a Variance under Section 280-14, based on the
Building Inspector's March 30, 2009 Notice of Disapproval concerning a proposed re-division of
land as a result of a proposed lot line change, which will create a lot size at less than 120,000
square feet in this R-120 Residential Zone District. Location of Properties: SCTM 1000-10-5-8.3,
1000-10-5-9 and part of 12.9, Private Road off East End Road, Oriental Avenue, Pennisula Road,
Fishers Island, New York.
10:00 A.M. ARTHUR J. CONNOLLY and LORRAINE VICARELLI # 6301. Request for a Variance
under Section 280-124, based on the Building Inspector's January 21, 2009 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 15 feet on a single side yard, on
this 32,478+/- square foot parcel, located at 3505 Wickham Avenue, Mattituck; CTM 1000-107-9-9
(adjacent to the shoreline of Long Creek).
Page 2 – Legal Notice
July 30, 2009 Public Hearings
Southold Town Zoning Board of Appeals
10:15 A.M. DIANE MANSON and AMORY MILLARD #6298. Location of Property: 495 Maple
Lane, Orient; CTM 17-2-3.1. Requests for Variances under Sections 280-13C and 280-122, based
on an application for a building permit to construct additions and alterations to an existing
accessory building (currently a garage) and proposing to convert the existing garage, with or
without the proposed additions, to an art studio or habitable space which is not a permitted use
in accessory buildings. The Building Inspector's January 26, 2009 amended Notice of
Disapproval reasons for disapproving the application are:
(1) the existing accessory garage is located in a front yard as per Variance #5462 issued
2/12/2004; under ZBA Zoning Code Interpretation # 5039 (Walz), the proposed additions
and alterations will constitute an increase in the degree of nonconformance, and
(2) the proposed layout of the building appears to create habitable space, which is not
permitted in accessory buildings.
10:30 A.M. JASON TAGGART # 6295. Request for a Waiver to unmerge 13,750 square feet of
area (CTM 1000-78-3-28) from the remaining 12,650 square feet of area (CTM 78-3-29), based on
the Building Inspector’s March 18, 2009 Notice of Disapproval which states the subject lot
merged with the adjacent lot pursuant to Code Section 280-10. Location of Property: 1145
Nokomis Road and Wabasso Street, Southold.
10:45 A.M. CHESTER CIAGLO, JR. #6200. Requests for Variances under Section 280-15B, based
on the Building Inspector's April 14, 2009 amended Notice of Disapproval concerning an
application for a building permit for construction of an accessory structure or building for
personal storage use on this 55,500 square foot parcel, which new construction: (1) is setback
less than the code-required minimum 15 feet from a property line, and (2) contains a building
size greater than the code limitation of 750 square feet. Location of Property: 36980 County
Road 48 (a/k/a Middle Road, or North Road), Southold; CTM 69-4-8.2. Zone District:
Agricultural-Conservation.
11:05 A.M. PAUL T. BETANCOURT #6294. Location of Property: 1825 Aquaview Avenue, East
Marion; CTM 22-2-6 (adjacent to Long Island Sound). The applicant requests Variances based
on the Building Inspector's March 24, 2009 Notice of Disapproval concerning an application for a
building permit for the following proposed construction:
1. under Section 280-124 for proposed additions and alterations to the dwelling with:
a) front yard setback at less than 40 feet;
b) single side yard at less than 10 feet
c) combined side yards at less than 35 feet;
d) lot coverage exceeding the code limitation of 20% for lot coverage (based on a
nonconforming 10,133 square feet of buildable area);
Page 3 – Legal Notice
July 30, 2009 Public Hearings
Southold Town Zoning Board of Appeals
2. under Section 280-15 for swimming pool construction proposed in a side yard instead of a
code- required rear yard (or code-required front yard for waterfront property);
3. under Section 280-116A(1) for proposed additions and alterations to the dwelling at less than
100 feet from the top of the bluff.
11:20 A.M. WILLIAM E. HAMILTON #6299. Requests for Variances under Sections 280-4(B), 280-
18, and 280-116A(1), based on the Building Inspector's revised April 8, 2009 Notice of
Disapproval concerning a proposed swimming pool, deck, and raised patio construction, which
new construction areas will be: (a) less than 100 feet from the top of the L.I. Sound bluff or
bank, and (b) greater than the code-limitation of 20% lot coverage on this +/- 29,406square feet
of buildable land, located at 2670 Grandview Drive, Orient; CTM 1000-14-2-3.6.
11:40 A.M. JOSEPH and JOANNA CHERNUSHKA # 6302. Location of Property: 640 Rabbit
Lane, East Marion; CTM 31-18-20.1 (adjacent to Gardiners Bay). Requests for Variances under
Sections 280-116B and 280-124, based on an application for a building permit for additions and
alterations to the existing dwelling, and the Building Inspector’s March 13, 2009 Notice of
Disapproval, for the reasons that the new construction will be:
a) less than code-required minimum 75 feet from the bulkhead,
b) less than a minimum 10 ft. single side yard;
c) less than 25 feet for combined side yard setbacks;
d) less than the code-required minimum rear yard setback of 35 feet;
e) greater than the code limitation of 20% lot coverage on this parcel containing less than 4,700
square feet of buildable area.
The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each
hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each
hearing will not start earlier than designated above. Files are available for review during regular
business hours and prior to the day of the hearing. If you have questions, please do not hesitate to
contact our office at (631) 765-1809, or by email: Linda.Kowalski@Town.Southold.ny.us.
Dated: July 7, 2009. ZONING BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
BY LINDA KOWALSKI
54375 Main Road (Office Location)
53095 Main Road (Mailing/USPS)
P.O. Box 1179
Southold, NY 11971-0959