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HomeMy WebLinkAbout02 & 03/2009Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Marline Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 MEMORANDUM TO: FROM: DATE: SUBJECT: Supervisor Scott Russell Jerry Goehringer, ZBA Chairman April 16, 2009 ZBA February-March 2009 Reports March 2009 Number of ZBA Applications Filed Filing Fees Paid February 2009 Number of ZBA Applications Filed Filing Fees Paid January 2009 Number of ZBA Applications Filed Filing Fees Paid 16 $6,950 3 $1,150 9 $3,850 February and March 2009 Agenda/Notes attached to supplement January 2009~previouslv submitted. Thank you. Bi/02/20~,l 15: 2s 63129859~8 APPEALS BOARD ~SMBERS Gerard ?. Ooe~rin~e~ C~aimia~ James ~nizio, Jr. Michael A. Simon ~gie K~es Weism~ J:KOWALSKI ::::: PAGE 01 Mailing Address: Southold Town Hall 53095 Main Road * P.O. Box 1179 Southold, NY I !971-0959 OflSce Location: Town Aragx/First Floor, North Fork Bank 54375 Main Road (at Ymmgs Avenue) Southold, NY 11971 http:/Isouth01dt own.norr, h fork,net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD TeL (631) 76~-1809 · Fag (631) 76S-9064 Prop. 2/17 AGENDA REGULAR MEETING THURSDAY, FEBRUARY 19, 2009 9:30 A.M. Place of Meeting: 8outhold Town Hall, Court/Meeting Room, 53095 Main Road, Southold. Call to Order by Chairman Gerard P, Goehringer. Pledge of Allegiance. I. STATE ENVIRONMENTAL QUALITY REVIEW DECLARATION: Motion offered by Member ~ seconded by Member __, to determine Type II Actions (no further step required for dimensional variances, accessory special permits/AGceseory Apartments, Bed and Breakfast Uses), for the following: JOHN end MARGARET TONER # 6239. PHYLLI$ KAUFER # 6240. KEVIN B. and JEANINE FAGA ]M243. TIMOTHY WOOD and MIRA DOUGHERTY-JOHNSON #6244. ISIDORO$ TSIRNIKAS and MARIA PAPGIANNAKIS # 6252. DEBORAH M. PONTINO t/6254. LEWIS TOPPER #6248. MICHAEL and DANA MEYRAN ~6251. MICHAEL and LAURA CHAPMAN LIVING TRUST #6249. DIANE and HENRY HOBBS #6247. II. PUBLIC HEARINGS Introduction with readino of /,,-=1 Notise bv ZBA reDrseentafiv~ . before receiving testimony. (All speakers to provide their names and addresses.) Speakers limited to 15 minutes, · MARGARET TONER # 6239. Request for VarianCes under Section 280- t24, based the Building InspeCtor's amended October 20, 2008 Notice of Disapproval ~o.~'~aT concerning as-built additions and alterations which exceed the code ,imit~ti~. of 2q% of buildable eras lot coveredn ~nd is iese than I;he minimum required setbacks for combined side_, ard se of 2 feet. Location of Property: 8~'~ Sigsbee Road Laurel CTM 1000-143-2-16 ~-~ the Building Inspector's October 6, 2008 Notice of Disapproval concerning a proposed two- story accessory names which will exceed the code limitation of 750 souara feet. LoCeflgn of Proper[y: 317SNesseu PointRoad, Cutchogue; CTM 1500-104-13-12. ~.]' /*'lC .~0 01702/2001 15:29 6312985968 J:KOWALSKI ::::: PAGE 82 Page 2 - Age~da February 19, 2009 Regular Meeting Southold Town Zoning Board of Appeals II. PUBLIC HEARINGS Intmductton with readina of ~_~-_! Mnt!,'~ by ~--~A representative - before minutes,receiVing testimony. (All speakers to provide thalr n~aiKI-ed~eses.) Speakers limited to 15 ~ -.~'-~TA-', KEVIN B. and JEANINE FAGi~i.aed a .io an Itoret' to the Request f°r a Varlallce under Seetl°h 2'0' ~?L 1162, based on the Building Inape,~mr'a O~obar 23, 2008 Notice of Dlmppmvsl ~mcemlng a ex]'stin0 single, totally dwelling at leas than th~,e~oda- rtmuirod I~tnlmum of 15 teat from the ex!_~!!.,~u bulk~-~,~,* adjacent to Orient Harbor, at l~r. , Main Read, E~at.Marlon; CTM Pilrcel ¶00g-3t-t4.~. ~.- 6' ,ff-t'y /u_?er Sec_'.f~_ _280-..~2~ ,, based on th~ Building Inspector's revised December 30, 2008 Notice ~' ../' ?e..a..p~. v. al .~?ncemmg a proposed n~ alndie4milv ~kvelllna (after demolition of the existing ~ building) in a mention with front yard sethecka at lees than 35 feat~ on this 10 067 uare feet ~, ~'~ !G~. A._M. 181BORES T$1RNIKA5 end MARIA PAPGIANNAKIS it~riences ~ Unaer ~ectlon 280-15, baaed on the Bldiding Inspector's November 12, 2008 Nobce of · required rear yard, and for a fence at a.heloht which Will _~x_ _,~,ed__ the ¢,,'~e lim__~__!~_n of tour '~ ~at In a front yar~ location adjacent to C.R. 48 (a/Ida North Road}. Location of Property: ,omeateed Way, Greenport; CTM 1000-40-2-20. lJ:f~0'A.M. D,.EBORAH M. PO~TINO #6254. Request far a Special Exception under section280- 13B tu establish an ~ in this single-totally dwelling, with owner-occupancy, at 2675 Indian Neck Lane, Peconlc, CT~.1~)0.~5~3. j[.~ ~ ~ ER #6241~. L~a~ion of Property:. 3606 Camp Mineola Road, Matfituak; adjaoent to G. rsat Peconlc Bay; C'rM 1000-123-6-13. Request for Varisncea under Sections 280- 12 and 280-124, ba~ed on the Building Inspector's amended October 10, 2008 Notice of Disapproval ~and the owner's reflueat for a building permit to collatm~t ~ dwallina and~a n~w acceas°~v buildina Dro_-,~-a with · noncoof~lnu [:_*c (after demolition of the existing 'dwelling and existing nonconforming sceessory building). Yha reasons for dl~ppmvlng the building permit appllrJItlOn am that: . (1} the proposed single-family dwelling will be less than 15 feet o~ a single side yard; (2) the proposed elngie-fomlly dwelling will be I. eell than 35 feet for total aide yard setbacks; · (3) the proposed dwelling at lace than 75 feet from the bulkhead adjacent to Great Peconic Bay; ~, ~V<3 ' (4) a new accessory building is proposed with (nonconforming) habitable apace, and permitted uaex are limited to alngle-fomily datachad dwellings, not to exceed one dwelling on each lot. -~c.(--~-- 01/02/2081 15:29 6312985968 J:KOWALSKI ::::: PAGE 03 Page 3 -.Agenda Februa;y t9, 2009 Regular Meeting Soutflold Town Zoning Board of Appeals II. PUBLIC HEARINGS, continued. Introduction with readlne Of L_,,~_-_I Notice by Z~.~. representative, - before receiving testimony. (All speakers to provide their names and addresses.) SPeakem limited to 15 minutes, · MICHAEL and DANA MEYRAN #6251.1 Re~rianco under Sections 280- ~n22A ?nd. 2.a?t24,. based on the applicant's requeat for a building pemlit and the Building specters Novsml~er 6, 2008 Notice of Disapproval under Zoning Code Interpretation i~5039 (Application by R. Walz), concerning DrODOSed reconstruction of a dwellin- In s location which will increase In the degree of nonconfomtanco at less then 35 feet from the code-re~lulrad mintm,m fr~t ~rd setback, at 200 Yo,ng, ^.onu,, Memtock; crM 1~00o.~;1~-31'. ....... '1'I~, MICHAEL and LAURA CHAPMAN LIVING TRUST '~?"'-/~ under SectiOns 280-122A and 280.t24, based on the Building InspeCtor's revised November 10, 2008 Notice of Disapproval concerning additions and alterations to the existino sinelo-famllv dwelllno, which construction will Increase tho degree of nonconformance when located than the COde reoulred minimum of 35 feet from the front yarn lot line adjacent to a private . fight-of.way arid Alpine Avqnuo, Fishers Island, NY; CTM Parcel 1000-10-8-7 and 6 (merged as .. enclose, i ~' ~" ~;t~-~ . / to.ce..and to / /'"?ec~nvene the Regular Meeting and continue with agenda iteme: ~ . II. PUBLIC HEARINOS. continued. Introduction with m~d!~o of L-~-=-! Notice by ZBA rsnresentati;-- - ~ before recviving testimony. (NI speakers to pr~Jd~thslr names and addresses.} Speakers limited to \ 15 minutes. -~- .... ~- /'.~.'30 P.M. LLOYD KAPU~ ~rryovsr'.~.[aending alternative plan or other lnfomlation ~ applicant). Proposed swImmlflo cool: ([t~,tioss than 40 feet f~om front line adjacent te s~reet, (2) Icl covereoe exceeding 20~ cede ll'rmltaflorl on this t4,079 aqcere fee~ of land arse adjacent to the Long Island S°und, at 108 Soundvlsw Avenue, Southold; CTM 50-2-3. d~' '~ 0" 2:00 P.M. HOPE SCHNEIDER # 621['y(/ea~rssse the deg~-,~ of real~ yard ~..ethsCk nonconformity less then 38 feel- (2) to Incrseea the degree of side vard setbacks less than 10 feet and les~ than 28 feet combined (3) less than 78 feet from the bull(he~d~ · (4) exccadlng the coda Ilmltatioo of 20% lot =oversee, concerning a new dwelllno on 4,914 square feet of buildable area, at 1060 Mill Lane (Goldsmiths lolet)~ Southold; (TIM 07-7-11 c/~ ¢.~,.,.,~4 ~~ ~.:, ,~r~ - ,;~,~~' '.-, . 01~02/20B1 i5:2S 6312S85S68 J:KOWALSKI ;;::: PAGE 84 Page 4 - Agenda February 19; 2009 Regular Meeting Southold Town Zoning Board of Appeals IL PUBLIC HEARINGs. continued. Introdh~!,~n with macring of L_,~.=_! Not_i~ by ZBA reDresentatiw - before receiving testimony. (Ail speakers to provide their names and addresses.) Speakers limited to t5 minutes. .2~IS"P.M. RYAN and JENNIFER STORK # 6181 and #~232 amendment (carryover, extending time as requested by applicant before closing the hearing). Request for Variant-es under Sections 28042, 280-116 and 280-124, based on the Building Inspector's September 19, 2008 Notice of Dissppraval concerning e proposed new dwelling (after demolL, ihlng the existing building) and relocation with reconstruction of an existing garage with nonconformin. slesOlne area and a full bathroom. The new construction Is not permitted for the following reasons: (1) the new dwelling and the new accseesry building will both be less than t5 feet on _a ~lnate side yard and total side verde leas than 35 lest; (2} the accessory garage building COnstruction will contain a non-oerm!~-,d ~,'~,~e [;_e~ and is deemed by the Building Inspector to be a second dwelling; (3) the a~st, es~v aemoe bulldlna will be less then 15 feet on a ~ ?ldo yard andlees than 35 feet for total ~!~e vsrd _~e__~,,~ks combined, Location: 3270 Peconlc 0~'~' ~ Boulaverd, Laurql; J~TM t28-6-8 a~acent to Great Peconlc Bay. ~ _ _ ~P.M. DIANE~and HENRY HOBB$ #6247,/F~e~l~:~'f~ V'a~tance under Sections 280-122A ~1 ~ O and 280-124,'based'on the Building Inspector's September 24, 2008 NOtice of DisapprOval and ZBA #~039 ~oning Code Interpretation in the Matter of R. Walz). The Building Inspector states that the proposed alterations and additions to the exlstine elnale-familv dwelll~,, will COnstitute an increase In the degree of nonconformance at less than 40 feet from the code-reaulrsd minimum front .yard setback, at 800 Sterling Road adjacent to a freshwater pond, Cutohogue; III. RESOLUTIONS/UPDATED REVIEWS/OTHER: "~ ~ ../j~' A. Re.?)lufion to edvertlee in the Town · official newspaper public hearings for complete sppIIoatmne, to be held March 19, 2009 at a Regular Meeting commencing at 9:30 A.M. et Southold Town Hall (Court Room), 53095 Main Road, $outhold. ~V. POSSIBLE EXECUTIVE SESSION (litigation or Next sPeCial Meeting: Thursday, Marr. h 5, 2009 - 6 PM at Town Hall Annex (Capitol One ' Building) Second Floor~ Young-, Avenue, Southold. C. Resoluti?.n to aGCOpt Minutes of January 22, 2009 for filing. personnel). Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) "/65-1809 l~ax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Prepared 2/27; upd. 3/4 AGENDA SPECIAL MEETING THURSDAY, MARCH 5, 2009 6:00 P.M. Place of Meeting: Southold TOWn Hall Annex, Capitol One BUilding, 54375 Main Road at Youngs Avenue, SOuthold. Call to OYder by Chairman Gerard P. Goehringer. I. STATE ENVIRONMENTAL QUALITY ACT Updates: ,A. Pending via Lead Agency: ROMANELLI REALTY INC. # 6224 - Special Exception fOr commercial Use as contractor yard. B. II. DELIBERATiONSIDECISION/RESOLUTIONS: No testimony, for Board Member deliberationS, etc: PHs conclud~,/d 2/f9: ~and MARGARET TONER # 6239. Request for Variances under Section 280-124, based on ~/~. ,//{he Building inSpeCtOr's amended October 20, 2008 Notice of DisaPproval concerning as,built {'~(~V ad~n.d. ~!terat_i.ons which exceed the code limitation of 20% of buildabl, ,~ ~,.A~'~ J~ coverage and s ess than the mihimum required setbacks for combined side yard Setbacks of ~(,~ 25 feet. LOCation of PropertY: 875 Sigsbee Road, Laurel; CTM 1000-143-2-16. ~/' PHONS KAUFER # 6240. Request for a Variance under Section 280-15c based on the ('~' ~.% ~ ~l~lding InsPectoris October 6, 2008 Notice of Disapproval concerning a proposed two-story ~'~ _~ ~ .,~ccess~ry Rara.qe which will exceed the code limitation of 750 square feat. Location of ~J\~,-~{~ Property: 3175 Nassau point Road, Cutchogue; CTM 1000-104-13-12. PHs concluded 2/19 (continued): ~D TIMOTHY WOOD and MIRA DouGHERTY-JOHNSO_.N #6244. Request for Variances under ,~ctiOn 280-124, based on the Building Inspectors revised December 30, 2008 Notice of (~ /)isapproval concerning a proposed new single-family dwelling (after demolition of the existing ~ ~ / building) in a location with front yard setbacks at less than 35 feet, on this 10,067 square foot ~'~ V parcel. Location of Property: 340 Locust Lane (and Korn Road), SouthOld; CTM 62-3-26. ~age 2 - Agenda March 5. 2009 Special Meeting Southold Town Zoning Board of Appeals II. DELIBERATIONS/DECISION/RESOLUTIONS~ continued: No testimony, for Board Member deliberations, etc: [.~. ISI~}~S TSlRNIKAS and MARIA PAPGIANN,A_KIS # 6252. Request for Variances under S~tion 280-15, based on the Building Inspector s November 12, 2008 Notice of Disapproval for ~ proposed accessory swimming pool in a front yard instead.of the code-required rear yard, ~.v ~. and for a fence at a height which will exceed the code limitation of four (4') feet i~a front yard ~ location adjacent to c.g. 48 (a/ida North Road). Location of Property: 940 Homestead Way, G~; CTM 1000.40-2-20. J~BORAH M. PONTINO #6254. Request for a Special Exception under Section 280-13B to ~( /'establish an Accessory Apartment in this single-family dwelling, with owner-occupancy, at ~-/'~V 2675 Indian Neck Lane, Peconic; CTM 1000-86-5-13. LEWIS TOPPER #6248 (as amended 2/19). Location of Property: 3606 Camp Mineola Road, Mattituck; adjacent to Great Peconic Bay; CTM 1000-123-643. Request for Variances under Sections 280-12 and 280-124, based on the Building Inspector's amended October 10, 2008 Notice of Disapproval and the owner's request for a building' permit to construct a new single- family dwellinq and a new accessory buildin~l proposed with a nonconforming use (after demolition of the existing dwelling and existing nonconforming accessory building). The reasons for disapproving the building permit application are that: (1) the proposed single-family dwelling will be less than 15 feet on a single side yard; (2) the proposed single-family dwelling will be less than 35 feet for total side yard setbacks; (3) the proposed dwelling at [ess than 75 feet from the bulkhead adjacent to Great Peconic Bay; (4) a new accessory building is proposed ,.a,~ ...... ~ ..................~t .......... =~.=cc, =nd - ' -; -~ Please note: This p~ion of Appeal was w~hdrawn at ~9 public bearing and use is proposed to conform to c~e. ~ Tabled to next meeting pending update by applicants agent:. MICHAEL and DANA MEY.,I~,_N'#6251 £\' Request for a Variance under Sections 280-122A a,n.d 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 whic~ 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; CTM 1000-141-1-31. MICHAEL and LAURA CHAPMAN LIVING TRUST #6249. Request for Variances under Sections 280-~2A and 280-124, based on the Building Inspector's revised November 10, 2008 Notice of D~p. proval concerning additions and alterations to the exietin~ sin~lle-familv dwellin~l, which ~¢~ns. truction will increase the degree of nonconformance when located less than the code Vrequired minimum of 35 feet from the front yard lot line adjacent to a priva'~ ~ ~ Page 3 - Agenda March 5. 2009 Special Meeting Southold Town Zoning Board of Appeals Alpine Avenue, Fishers Island; CTM Parcel '1000-10-8-7 and 6 (merged as one lot). /- ~.KAPLAN # 6221 Request for swimming pool: (1)at less than 40 feet from front line ~m,J-,-=,,t to street, (2) with lot coverage exceeding 20% code~t~~u~ V~feet of land area adjacent to the Long Island Sound, at 105 Soundview Avenue, Southold; CTM 50-2-3. ,~.C=.~tJd'~.~"HOP~,~'~cHN'EIDER #6215. Variances to increase the degree of rear yard setback no~onformity less than 35 feet, (2) to increase the degree of side yard setbacks at less than t0 JCCet and less than 25 feet combined, (3) less than 75 feet from the bulkhead~ (4) exceeding the ..~{~r[/code°~' limitation of 20% lot coverage, concerning a new ~welling on 4,914 square feet of buildable area, at 1960 Mill Lane (Goldsmiths Inlet), Southold, CTM 67-7-11 RYAN a/nd JENNIFER STORK #6187 and #6232 amendment (carryover, extending time as reque;~t~d by applicant before closing the hearing). Request for Variances under Sections 280- D'~pproval concerning a proposed new dwelling (after demolishing the ex st ng bu ding) and 12, ~0-116 and 280-124, based on the Building Inspector'~ September 19, 2008 Notice of ~location with reconstruction of an existing garage with nonconforming sleeping area and a ~,/full bathroom. The new construction is not permitted for the following reasons: (1) the new dwelling and the new accessory building will both be less than 15 feet on a single side yard and total side yards less than 35 feet; (2) the accessory garage building construction will cOntain a non-permitted code use and is deemed by the Building Inspector to be a second dwelling; (3) the accessory garage building will be less than 15 feet on a s~ngle side yard and less than 35 feet for total side yard setbacks combined. Location: 3270 Peconic Bay Boulevard, Laurel; CTM 128-6-8 adjacent to Great Peconic Bay. Possible Tablinq to next meetinq pending submission of information by 2/27: DIANE and HENRY HOBBS #6247. Request for a Variance under Sections 280-122A and 280-124, based on the Building Inspector's September 24, 2008 Notice of Disapproval and ZBA #5039 (Zoning Code Interpretation in the Matter of R. Walz). The Building Inspector states that the proposed alterations and additions to the existing single-family dwelling will constitute an increase in the degree of nonconformance at less than 40 feet from the code-required 'minimum front yard setback, at 800 Sterling Road adjacent to a freshwater pond, Cutchogue; CTM t04-4-9. III. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Reminder: Inspection packets for next meeting: March 19, 2009 9:30 A.M. IV. B. Work Session, new business if any: 1. Committees [Code Committee, LWRP, or other). 2. New business. EXECUTIVE SESSION (litigation updates, if any). Prep. 3/15 . ~, AGENDA REGULAR MEETING ' ~.~ ~vt v'"~-'~' THURSDAY, MARCH 19, 2009 ?"-c?.~ 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. '~. 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): M. MENSCH, LLC and NORTH FORK SELF STORAGE # 6259. STEVEN and' CHRISTINE GARMS # 6260. JAMES and DENISE MARTIN #6262 E. MARELIC #6255. FRANK ZAGARINO TRUST by Carey Zagarlno # 6257. BRIAN FRAWLEY # 6261. FRANK PALILLO and DIANE PALILLO # 6263. MARY E. MANNING # 6265. PETER and GAlL SCHEMBRI #6256 and #6276 as amended. ! HIGHLAND ~OUSE FI, LLC #6253. / PA. UL RATZ #6258. KEVIN'B. and J EANINE FAGA #6281 (amended) and 6243. B. Pending via Lea~d Agency (PB): ROMANELLI REALTY INC. # 6224 - Special Exception for x/commercial use as contractor yard. II..PUBLIC HEARINGS ihtroductlon by ZBA with readinfl of Leflal Notice - before receiving testimony. . (All speakers are requested to provide their nam?~ d_d_~s and limit presentation to 15 minutes.) ,/. - . . .o3. · 9:30 A.M. Lt~/~CH, LLC~and ~ 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 Ihe 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-I-1.2. Marry Kosmynka Page 2 - Agenda March 19, 2009 Regular Meeting Southold Town Zoning Board of Appeals assisting M. Mensch LLC. II. PUBLIC HEARINGS Introduction by ZBA with reading of L_afl=_! Notice - before receiving testimony. (All speakers are requested td provide their name and address and limit presentation to 15 minutes.} : M. ~nd CHRISTINE GARM~ Request for a Variance under Section 280- 15, based 'oTt-~he Building Inspector's Novehtber 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, Southo d (Lot 3 on the 1978 Map of Gendron Minor Subdivision); CTM 54-6-4.1. Kathieen Quigley, ageht 9:55 A.M.AJ~~ISE MA~TIN~26~ Request for a Variance under Section 280.114~ based on the Building Inspectors November 7, 2008 Notice of Disapproval concerning proposed one-sto~ additions and alterations to the existing dwelling, which new construction will be less ~han the code~equired front yard setback 0f 6~ feet on this 1~,781 square foot pamel, located at Meadow Beach Lane e~enslon (129 Sute~s Right,f-Way), MaffitucE; CTM 116~-31. 10:05 A.M.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: (11 CTM 88-4-19 as vacant land, with a nonconforming area of +1- 17,500 square feet, and (2} CTM 88-4-18 as an improved parcel, with a nonconforming area of +1- 17,500 square feet, at 1160 and 1000 Bay Haven Lane, Southold, Pat Moore as attorney/agent. 140 x 125'. Page 3 - Agenda March 19, 2009 Regular Meeting Southold Town Zoning Board of Appeals Note: the lot waiver application form says there s a 1959 TB approved map but itwas not submitted to ZBA. ,/ 10:20 A.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 8,7'11 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. Agent: Jody Gigiio of Bennett Enterprises (unavailable and late in submitting proof of mailings and sign BI ND ~tes: 23.3% lot coy. and rear yardat 10'. Lot 16 and plo 15:1925 Map of Laurel Park. Proposed: 2 stories, 4 BR total; existing lot coy 16.64% per site plan pages 1 & 2 - 11/25/08; elevation diagrams P 1 & 2 by Jeffrey T, Butler, P.C. ~0: ~. BRI~ F~L~Y ~ ~20~. R~qu~,t for ~arlan~, ba~ed on th~ Build[nfl In~p~tbr'~ Nove~er 3, 2008 Notice of Disapproval and Zoning Code Interpretation ~ 50~ ~alz ~pli~tion),.citing Code Sections 280-112 and 280-124 for the minimum required side yard se~acks on nonconfo~ing lots (51,955 square feet in this R~0 Zone). The applicant is proposing a hew dwelling at less than 20 feet on a single side yard and less'than 40 feet for to~l side y~ds. Location o[ Prope~y: 4545 Halleck Lane (a private road), Maffituck; CTM Page 4 - Agenda March 19, 2009 RegulaY Meetipg Southold Town Zoning-Board of Appeals RO --I~A.M~ FRANK PALILLO and DIANE PALILLO~# 6263· Request for a Variance under(~.,r Sections 280-11~ and 280-124, based on the Buildlng~nspector's December 2, 2008 Noti~ of Disapproval ~concerning proposed additions and alterations to the existing single-family dWelling, Wh~h new construction Will be less than the code-required minimum of 35 .feet fbr a rear yard setback and less than 75 feet from Great Pond (freshwater)· Location of Pmpe~: 7433 8oundview AvenUe, Southold; CTM 59~.1. ~ , c, ...._.....' q Ms 11~ ~M. ANNING ~ 6265. eques~ for an Interpretation and/or va under Section 280-124, based on the Building Inspector s revised D~ember 12, 2008 NOtlCe o~ oisap~oval concerning a proposed addition to the existing single-family, dwelling: (I.] which will be less than the code-required minimum I0 ff. side yard, and (2) which new co~tru~ion will place the~existi~ garage in a side yard instead of the code-required rear ya~, at 700 Ter~ Lane, SOutheld; cTM 65-I-12. II. PUBLIC HEARINGS introduction by ZBA with readin.q of LeRal Notice - before receiving testimony. {All speakers are requested to provide their name and address and limit presentation to 15 minutes.) - - g p ry , ' ' e'of Disapproval concerning: '(1) a proposed rear addition to the existing dwelling with a setback at less than 1{~0 feet front the top of the bluff adjacent to the Long Island Sound, and (.2) concerning a proposed sirfgle-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: !425 Sound View Road, Orient, CTM 15-3-16· ~Page 5 - Agenda March 19, 2009 Regular Meeting Southold Town Zoning Board of Appeals MS I~JiR~I~A.M. HIGHL,A..ND HOUSE FI, LLC #6253.1 Request ;'or a-Variance Un,er ~ectton z80. .121G, based onthe Budding 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 nonco~tforming use of'a building or promises 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 sha no longer be perm fled, unless,a variance therefore, shall have been gra~tad by the Board of Appeals. T~te building Inspector S Notice of Disapproval is based on a Pro-Exiating Certificate of Occupancy application inspection report dated 10127108 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. B.I. Map dated 11/4/08; Bruce Kinlin, R.A. 11-21-08 Map amended with ZBA 1/12/09, surveyor map 1/5/09 as updated by CME Ass(~ciates. .; ~_ lZ.~' P,M}~AUL KATZ~6GSS.--R6qUe~st for a Variance under Section 280-15(F), based On tne uuilding Inspector's June'23, 2008 Notice of Disapproval concerning a proposed accessory garage at a setback of 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. ., LKW t2:~'~.M. KEVIN B. and JEANINE FAGA #6281 (amended) and 6243. Requests for Variances tinder 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 dwe lng at less than the.co~de-rsquired minimum of 10 feet on a single side yard .and less than 75 feet from the exiating bulkhead adjacent to Orient Harbor, at 12580 Main Road, East Marion; CTM Parcel I000-31-14~8 2 'Page 6 - Agenda March 19, 2009 Regular Meeting . Southold Town Zoning Board of Appeals · KS ~ P.M. ROMANELLI REALTY, INC. #6224 and: ~6100. (Carryover from December 4~ Hearing for additional information). Location of Property: 36660 Route 25 (South Side of Main Road), Cutchogue; CTM 97-3-3.1 (forme~-!y 97-3-3). Requests for the following under Sections 280-42A and 280-43A &. C, based on the Bulrding Inspect~or's November 19, 2007 amended Notice of DiCapprovai~ concerning a proposed contractor's yard and three principal buildings on this 63,338 square foot lot in a LB Limited Business Zone District. (t) Special Exception for a contractor's yard under Section 280-40B-2; "~ , (2) Variances for proposed constructl0n'of three buildings, which are'~ot~)pe~ltted for the reason that Section 280.24A, Bulk Schedule allows one use per 80,000 square feet in the Limited Business (LB) Zonb, and the pr0posedthree buildings constitute three distinct uses (on less than 240,000 square foot lot size); (3) Variance for proposed Building #t regarding linear frontage exceeditijl the 60 feet, which is not permitted under Section 280-43C; (4) Variance'for proposed Building #2 at less than 75 feet fr - 280_a~. ~.. ~) ..... ~ . Om the rear prope~y tine, Section · (5) Variance for proposed Building ~ at lo~ than 20 ~et from the side lot line, Section 280~2A; (End of pub c hearings; Regular Meeting continues.') -III. DEL BERATIONSIDJ~cI$1ON. PH 2119 (with last submissions on 315 and 3/16). (Await next step for possible deliberations or other procedural step): Re, GG DIANE and HENRY HOBBS #6247. Request for a Variance under Sections 280-122A and 280- 124, based on the Building InspeCtor's.September 24, 2008 Notice of Disapproval and ZBA #5039 (Zoning Code Interpretation In the Matter of R. Walz). The Building Inspector states that the proposed alterations and additions to the ~Y!~!ng single-family dwelllr-~ will constitute an Increase in the degree of nonconformance at less than 40 feet from the code-required minimum front ¥,~,,; setback, at 800 Sterling Road adjacent to a freshwater pond, Cutchogue; CTM 1044-9. Page 7 - Agenda March 19, 2009 Regular Meeting Southold Town Zoning~Board of Appeals PH 2/19 (pending site visits): RO, GG LEWJS TOPPER #6248 (as amended 2/19). Location of Property. 3606 Camp Mineola Road, Mattituck; adjacent to Great Peconlc Bay;, CTM I000-123-6-13. Request for Variances under SeCtions 280- 12 and 280.12~, based on the Building Inspector's amended October 10, 2008 Notice of Disapproval and the owner's request f..o~.\a building perm t to construct a new single-family dwe Inn and a new accessory bulldlna proposed with a nonconforming u~A (after demolition of the existing dwelling and existing nonconforming accessory building). The reasons for disapproving the building permit application are that: (1) the proposed single-family dwelling will be less than 15 feet on a single side yard; (2) the proposed single-family dwelling will be less than 35 feet for total side. yard setbacks; (3) the proposed dwelling at less than 75 feet from the bulkhead adjacent to Great Peconlc Bay; (4) a new accessory building ~s proposed ...... · ........... = ................... ~ ............ Please note: 2/19 I~ublic hearing and attorney confirmed at hearing uae ~$ proposed to conform to code (confirming no variance ia requested for any non-permitted use). PH 2/t9: Tabled to next meeting pending update by applicant's agent:. MICHAEL and DANA MEYRAN f/625t. 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 ~rooosed reconstruction of a dwelllnfl 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; CTM 1000-14'1-t.3J. RO Page 8 - Agenda March 19, 2009 Regular Meeting Southold Town Zoning Board of Appeals RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Resolution to advertise in the Town's official newspaper public hearings for complete applications, to be held April 23, 2009 at a Regular MeetLng commencing at 9:30 A.M. at Southold Town Meeting Hall, 53095 Main Road, Southold. .}~, B. Next Special Meeting: Thursday, April 14. 2009 at 6 PM, in the Town Hall Annex (Capitol One Building) Second Floor Executive Board Room, Youngs Avenue, Southold. C. IV. POSSIBLE EXEC.UT VE SESSION (litigation).