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Home My WebLink AboutZBA-09/22/2009 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 TUESDAY, SEPTEMBER 22, 2009 SPECIAL MEETING 5:00 P.M. Prepared 9-17-09 Place of Meeting: Southold Town Hall Annex, Capitol One Bank Building, First Floor Conference Room, 54375 Main Road at Youngs Avenue, Southold. Call to Order by Chairman Gerard P. Goehringer. I. WORK SESSION: Reviews regarding Zoning Code Sections 280- II. STATE ENVIRONMENTAL QUALITY REVIEWS: A. New Applications (reviews pending). 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. III. DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: Deliberations (PH 8/27): SHINN VINEYARDS LLC and BARBARA SHINN # 6308. (Letter submitted by the Applicants asking that the Hearing be REOPENED. Resolution whether or not to reopen and advertise for public hearing to be held October 29, 2009 concerning an application 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, Page 2 – Agenda Southold Town Zoning Board of Appeals September 22, 2009 Special Meeting Mattituck; CTM 1000-100-4-part of 3 (now 3.1 and 3.2). Deliberations (PHs 8/27), continued: 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. 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. 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). 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. 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: 565 Gull Pond Lane, Greenport; CTM 35-4-28.27. 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. Page 3 – Agenda Southold Town Zoning Board of Appeals September 22, 2009 Special Meeting Deliberations (PHs 8/27), continued: 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 (and amended 9/4/2009) 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 and rear yard setback 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: Greenwood Road, Fishers Island; CTM 1000-12-1-13.1. 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. Deliberations (PH concluded 7/30): JASON TAGGART. ZBA File # 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. IV. PUBLIC HEARINGS (NONE). V. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Resolution to authorize advertising of hearings for Regular Meeting to be held October 1, 2009 which Regular Meeting will commence at 9:30 A.M., Town Meeting Hall, 53095 Main Road, Southold. B. Resolution to approve Minutes for meetings held August 18, 2009 and June 22, 2006. C. Work Session: Other items continued from above Agenda, also other/inspections or updates: Code Committee: updates, work session discussions for code changes; LWRP Committee; Planning & Zoning Committee; Other: ___ Page 4 – Agenda Southold Town Zoning Board of Appeals September 22, 2009 Special Meeting V. EXECUTIVE SESSION (no new updates as of 9/17).