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Home My WebLink AboutZBA-07/30/2009 Agenda AGENDA Prepared 7-28 4:35 P.M. REGULAR MEETING THURSDAY, JULY 30, 2009 Time and Place of Meeting: 9:30 A.M. - Southold Town Hall, Court Room, 53095 Main Road, Southold. Call to Order by Chairman Gerard P. Goehringer. Pledge of Allegiance. Moment of Silence in Memory of Ruth D. Oliva, former ZBA Board Member. I. STATE ENVIRONMENTAL QUALITY REVIEWS: A. Resolution: Type II Actions for the following (no further step required for dimensional variances, accessory special permits/Accessory Apartments, Bed and Breakfast Uses. DIANA DELUCIA # 6296 FIDCO for WALTER C. FLOWER III, and JAMES M. BAKER and DIANE BAKER #6297. ARTHUR J. CONNOLLY and LORRAINE VICARELLI # 6301 DIANE MANSON and AMORY MILLARD #6298 JASON TAGGART # 6295 CHESTER CIAGLO, JR. #6200 PAUL T. BETANCOURT #6294 WILLIAM E. HAMILTON #6299 JOSEPH and JOANNA CHERNUSHKA # 6302 . B. SEQRA Reviews Pending: (Tabled, Additional Information to be submitted): ROMANELLI REALTY INC. # 6100 Variances, also # 6224 – Special Exceptions for commercial uses (contractors’ yards). Page 2 – Agenda July 30, 2009 Regular Meeting Southold Town Zoning Board of Appeals II. DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS OR OTHER: PH concluded 6/25: 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; Location of (3) the existing accessory shed is less than the code required minimum of 10 feet. Property: 38785 Route 25 (Main Road) and Ryder Farm Lane, Orient; CTM 1000-15-8-1.1. (Revised surveyor map submitted to show conforming setback for accessory shed.) 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. 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 for combined side yard setbacks, at 680 South Lane, East Marion; CTM 38-6-7. PHs concluded 6/25: Tabled to next meeting: 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. Page 3 – Agenda July 30, 2009 Regular Meeting Southold Town Zoning Board of Appeals 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.) 9:40 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). 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 Page 4 – Agenda July 30, 2009 Regular Meeting Southold Town Zoning Board of Appeals 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. 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.) RESOLUTION TO CONFIRM REQUEST AS PER 7-24-09 ATTORNEY LETTER TO ZBA TO CANCEL HEARING AND REQUESTING A NEW DATE. 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 Location of a property line, and (2) contains a building size greater than the code limitation of 750 square feet. 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); 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. Page 5 – Agenda July 30, 2009 Regular Meeting Southold Town Zoning Board of Appeals 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.) 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. (end of hearings) IV. DELIBERATIONS/POSSIBLE DECISION/RESOLUTION (carried from earlier session today, if any). V. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Resolution to confirm Special Meeting: Tuesday, August 18, 2009 6:00 PM to be held at Town Hall Annex, NFB Building Main Road and Youngs Avenue, 2 Floor Executive Board Room, Southold. nd B. Resolution to authorize advertising of hearings for Regular Meeting to be held August 27, 2009 commencing at 9:30 A.M., Town Meeting Hall, Main Road, Southold. C. Other items continued from above Agenda, also other/inspections or updates, work session discussions: Code Committee: updates, work session discussions for code changes (Walz Interpretation; also res judicata application process). LWRP Committee Planning & Zoning Committee Other: ___ VI. EXECUTIVE SESSION: (Litigation regarding M. Zupa Petition; also regarding Daneri Petition.)