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Home My WebLink AboutZBA-08/27/2009 Agenda ZONING BOARD OF APPEALS Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-9064 Telephone (631) 765-1809 AGENDA SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, AUGUST 27, 2009 REGULAR MEETING 9:30 A.M. . Upd. 8/26 -10 A.M Place of Meeting: Southold Town Meeting Hall (Court Room), 53095 Main Road, Southold. Call to Order by Chairman Gerard P. Goehringer. Pledge of Allegiance. 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. ANTHONY and LISA SANNINO # 6194 NORMAN and APRIL WWENK # 6304 CHRISTINE and JAMES FRANKE # 6305 MARY GABRIEL # 6310 JOHN and BARBARA SEVERINI # 6309 MICHAEL MONGELLO AND JOSEPH FINORA #6307 WILLIAM R. and MARLEN BLOETHE # 6303 KELLY MYERS #6306 and #6330 B. SEQRA Reviews Pending: (Tabled, Additional Information to be submitted): ROMANELLI REALTY INC. # 6100 Variances, also # 6224 – Special Exceptions for commercial uses (contractors’ yards). C. SEQRA Reviews Pending: (Tabled, Possible Additional Information will be made available during SEQRA Process before returning to hearing calendar): Harbes Family Farm #6106 Variances. II. DELIBERATIONS/POSSIBLE DECISION/RESOLUTION: PH concluded 7/30: 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. 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. ANTHONY and LISA SANNINO # 6194. Request Special Exception under Zoning Code Section 280-13B(14). The Applicants are the owners requesting authorization to establish an Accessory Bed and Breakfast, accessory and incidental to their residential occupancy in this single- family dwelling, with one bedroom for lodging and serving of breakfast to the B & B casual, transient roomers. Location of Property: 7490 Alvahs Lane, Cutchogue; CTM 101-1-14.4. 9:55 A.M. NORMAN and APRIL WENK # 6304. Request for a Variance from Zoning Code Section 280-116, based on the Building Inspector's April 22, 2009 Notice of Disapproval concerning proposed additions to the existing dwelling at less than the code-required minimum of 75 feet from the bulkhead adjacent to Gardiners Bay. Location of Property: 415 South Lane (a/k/a Huckleberry Hill Road), East Marion; CTM 31-16-2.2. 10:10 A.M. CHRISTINE and JAMES FRANKE # 6305. Request for a Variance from Zoning Code Section 280-124, based on the Building Inspector's February 19, 2009 Notice of Disapproval concerning proposed additions and alterations to the existing single-family dwelling with a setback at less than the minimum code-required 40 ft. front yard setback, at 32345 Main Road and Bight Road, Orient; CTM 14-2-17.1 (parcel contains 29,119 square feet). 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.) 10:25 A.M. MARY GABRIEL # 6310. Request for Variances from ZBA Decision #5199 to remove Condition that the construction for a deck remain open to the sky, and from Zoning Code Section 280-122, based on the Building Inspector's April 7, 2009 Notice of Disapproval, to build an enclosed addition to the dwelling, instead of a deck open to the sky, with a setback at less than 35 feet from the rear lot line, at 1115 Sound Drive, Greenport; CTM 33-4-74. 10:40 A.M. JOHN and BARBARA SEVERINI # 6309. Requests for Variances under Sections 280- 116 and 280-124, based on the Building Inspector's January 26, 2009 Notice of Disapproval concerning a proposed addition to the existing dwelling, which new construction will be: (1) less than the code required minimum of 15 feet on a single side yard, and (2) less than 75 feet from the bulkhead adjacent to Fordham Canal. Location of Property: 565 Gull Pond Lane, Greenport; CTM 1000-35-4-28.27. 10:55 A.M. MICHAEL MONGELLO and JOSEPH FINORA #6307. Request for a Waiver under Zoning Code Section 280-11, to unmerge 19,208 square feet of land from the remaining described property. Based on the Building Department’s March 11, 2009 Notice of Disapproval, the properties merged under Section 280-10(A) and were held in common ownership with the first lot at any time after July 1, 1983. The total area in the existing merger consists of 34,018 square feet. Location: 950 Wells Road and 900 Wells Road (at corner of Albo Drive), Laurel. CTM Numbers 1000-126-3-5 and 1000-126-5-7.3 respectively. Zone District: R-40 Residential. 11:10 A.M. WILLIAM R. and MARLEN BLOETHE # 6303. Request for Variances under Zoning Code Sections 280-122 and 280-124, based on the Building Inspector's April 6, 2009 Notice of Disapproval and ZBA Code Interpretation under R. Walz # 5039. The reasons that the building permit was disapproved concern proposed additions and alterations to an existing single-family dwelling, which new construction will be an increase in the degree of front yard setback nonconformity at less than 35 feet. Also requested is a variance for additions which increase the lot coverage over the code limitation of 20 percent. Location of Property: Greenwood Road, Fishers Island; CTM 1000-12-1-13.1. 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.) 11:25 A.M. KELLY MYERS. Location of Property: 1730 Deep Hole Drive, Mattituck; CTM 115-12- 23.2 (adjacent to Deep Hole Creek). # 6306. Requests for Variances from Zoning Code Section 280-124, based on the Building Inspector's March 25, 2009 Notice of Disapproval concerning a proposed addition to the existing dwelling on this 8,480 square foot lot, with proposed: (1) lot coverage exceeding the code limitation of 20%; (2) a side yard setback at less than 10 feet; (3) both combined side yard setbacks at less than 25 feet. # 6330. Amended Request for Variance from Zoning Code Section 280-116, based on the Building Inspector's amended August 12, 2009 Notice of Disapproval concerning a proposed addition to the dwelling at less than 75 feet from the bulkhead. 11:40 A.M. BABS CORP. # 6284 Carryover from June 25, 2009 concerning reconstruction of a single-story accessory (barn) building in a nonconforming location, 13105 Main Road, Mattituck; CTM 140-3-39; HB Zone. RESOLUTION TO RECESS, offered by Member ____, seconded by Member __, With Recess to 1 P.M. * * * 1 P.M. RESOLUTION TO RECONVENE, offered by Member _, seconded by Member ___. 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.) 1:00 P.M. BARBARA SHINN # 6308. Request for Variances from Town Code Chapter 277, Section 277-3B(1), based on the Building Inspector’s April 8, 2009 Notice of Disapproval stating that the proposed wind turbine is not meeting the code requirement for a minimum distance from a property line, total height of the small wind energy system plus 10 feet, except that it shall be set back at least 300 feet from a property line bordering an existing residential structure. The proposed location is shown 136.5 feet measured easterly to other land identified as CTM 1000- 100-4-4; zero feet from the applicant’s agricultural land along the west, and +/- 18 feet from the applicant’s agricultural land south of the wind turbine. The applicant’s properties are shown with an area of 1.2 acres, or 22.49 acres with both the applicant’s single-family dwelling and agricultural lands. Location of Property: 2000 Oregon Road, Mattituck; CTM 1000-100-4-part of 3 (now 3.1 and 3.2). Hearing Canceled by Applicant: Henry Traendly # 6264 (Tabled, pending further notice). (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, September 15, 2009 at 6:00 PM to be held at Town Hall Annex at Capitol One Bank Building, Main Road and Youngs Avenue, 2 Floor nd Executive Board Room, Southold. B. Resolution to authorize advertising of hearings for Regular Meeting to be held October 1, 2009 commencing at 9:30 A.M., Town Meeting Hall, Main Road, Southold. C. Work Session: Other items continued from above Agenda, also other/inspections or updates, work session discussions: Code Committee: updates, work session discussions for code changes LWRP Committee Planning & Zoning Committee Other: ___ VI. EXECUTIVE SESSION (no new updates as of 8/26).