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HomeMy WebLinkAboutZBA-02/21/2002 AgendaAPPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman~ Lydia A. Tortora ,( .~ George Horning /~'~t~ /°''~ Ruth D. Oliva / Vincent Orlando BOARD OF APPEALS TOWN OF SOUTHOLD 2/5; 2/11; 2/14 AGENDA REGULAR MEETING THURSDAY, FEBRUARY 21, 2002 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765 - 1809 http://southoldtown.nort hfork.net 6:30 p.m. Call to Order by Chairman. I. STATE ENVIRONMENTAL QUALITY (SEQRA) REVIEWS/RESOLUTION Type II Declarations (No further steps under State Law): Appl. No. 5059 - JOSEPH AND BETH CASTRONOVO. Setback. Appl. No. 5062 - JOHN & ANNEMARIE CURTIN. Setbacks. Appl. No. 5063 - VICTOR RUTKOWSKI. Setback. Appl. No. 5055 - VINCENT O'NEILL. Setback. Appl. No. 5067 - CHRIS and IRENE VITTL Setback. Appl. No. 5070 - ART SAFALOW. Garage yard location. Appl. No. 5057 - DAVID & TRISH HOWE. Setback. Appl. No. 5065 - PETER & MARIA NICOVIC. Setback Appl. No. 5066 - POSILL1CO CONSTRUCTION. Garage location. Appl. No. 5069 - HOLLY VESCOVI. Setback of oversized chimney. Appl. No. 5054 - JOHN & PATR1CIA STACK. Setback. Appl. No. 5056 - GEORGE S. CAMBOURAK1S. Setback. Appl. No. 5064 - MARY LEONARDL Setback. Unlisted Declarations with Negative Effect on the Environment: Appl. No. 5060 - R & R BRAMSON. Dwelling total height. Appl. No. 5058 - PETER & VAL LEONIAK. Lot size and garage location. II. POSSIBLE DELIBERATIONS/DECISIONS: A. Carryovers, hearings concluded oending deliberations/decisions (l~ending rel~lies from al~l~licants and new member review memos): Appl. No. 4998 - ELIZABETH SENTELL. This is a request for a Variance under Article XXIV, Section 100-242A, and Section 100-244, based on the Building Inspector's July 27, 2001 Notice of Disapproval. The applicant is proposing additions tn existing dwelling with side yard setbacks at less than 10 feet on one side and less than 15 feet on the other side. Location of Property: 220 Lakeview Terrace, East Marion; Parcel 1000-31-9-16. Garrett Strang, Architect. Appl. No. 5053 - A. & J. ALLESI - This is a request for a Variance, based on the Building Department's September 4, 2001 Notice of Disapproval under Zoning Code Page 2 - Agenda upd. 2/15/02 February 21, 2002 Meeting Southold Town Board of Appeals Section 100-32, disapproving a third story height of the (existing) principal structure (dwelling), located at 620 Rogers Road, Southold; Parcel No. 1000-66-2-35. Mark Schwartz, Architect. Appl. No. 5037 - K. and K. LEAVAY. Applicant-Owner is requesting a Special Exception under Article III, Section 100-30A.2B and 100-3lB, sub-sections 14a-d of the Southold Town Zoning Code for approval of an Accessory Use as a Bed and Breakfast for transient use of three bedrooms for lodging and serving of breakfast to not more than six (6) casual, transient roomers, in conjunction with owner-applicant's residence. Location of Property: 95 Harper Road West, Harvest Homes Estates Lot 6, in Southold; Parcel 1000-63-7-6. Appl. No. 4962 - ROGER WALZ. Appeal requesting a Variance under Article IV, Section 100-242A, based on the Building Inspector's May 2, 2001 corrected Notice of Disapproval. The Notice of Disapproval states that the existing structure has a nonconforming setback of three feet from the easterly side lot line and 6.5 feet from the west side line, and as a result, the second-story addition represents an increase in the degree of nonconformity. Wickham, Wickham & Bressler, P.C. Appl. No. 5026 - INLAND HOMES, INC. (KAVANAGH). This is a request under Code Section 100-26 for a Lot Waiver to Unmerge property shown on the Suffolk County Tax Maps as 1000-110-3-31 from 1000-110~3-32. This request is based on the Building Inspector's September 24, 2001 Notice of Disapproval which states that Lot 31 has merged with an adjacent lot to the north (1000-110-3-32) pursuant to Section 100-25 which lots have been held in common ownership during a period of time after July l, 1983. Location of Property: 4400 Pequash Avenue and 95 Midwood Road, Cutchogue, NY. Patricia C. Moore, Esq. B. Others: As deemed appropriate by the Chairman during or following the following hearing(s): 1I. PUBLIC HEARINGS: (Please furnish Affidavits of Posting, returned signature cards, etc. at, or before your scheduled hearing.) When possible, written testimony is requested in lieu of extensive oral testimony. All testimony should be limited to zoning issues properly before the Board. 6:30 p.m. Appl. No. 5063 VICTOR RUTKOWSKI. This is a request for a Variance under Zoning Code Section 100-244B based on the Building Inspector's November 30, 2001 Notice of Disapproval. The applicant proposes an addition to the existing dwelling with a front yard setback of less than 40 feet. Location of Property: 340 Theresa Drive, Mattituck; Parcel 1000-115~13-22. Page 3 - Agenda upd. 2/15/02 February 21, 2002 Meeting Southold Town Board of Appeals II. PUBLIC HEARINGS, continued: (Please furnish Affidavits of Posting, returned signature cards, etc. at, or before your scheduled hearing.) When possible, written testimony is requested in lieu of extensive oral testimony. All testimony should be limited to zoning issues properly before the Board. 6:35 p.m. Appl. No. 5055 - VINCENT O'NEILL - This is a request for a Variance under Zoning Code Section 100-244B based on the Building Inspector's May 1, 2001 Notice of Disapproval. The applicant is requesting approval of the location of an existing (deck) addition with a side yard setback of less than 15 feet. Location of Property: 3500 Cox Neck Road, Mattituck; Parcel 1000-113-8-1. 6:40 p.m. Appl. No. 5067 - CHRISTOPHER and IRENE VITT1. This is a request for a Variance under Zoning Code Section 100-30A.3 based on the Building Inspector's December 4, 2001 Notice of Disapproval. The applicant proposes additions and alterations to the existing dwelling with a rear yard setback of less than 50 feet. Location of Property: 11805 Soundview Avenue, Southold; 1000-54-5-45.9. 6:45 p.m. Appl. No. 5070 - ART SAFALOW. This is a request for a Variance under Zoning Code Section 100-33 based on the Building Inspector's December 21, 2001 Notice of Disapproval. The applicant proposes to locate a garage partly in the front and side yards, rather than a rear yard. Location of Property: 737 Old Wood Path, Southold; 87-1-23.4. 6:50 p.m. Appl. No. 5062 - JOHN & ANNEMARIE CURTIN. This is a request for a Variance under the Zoning Code, Section 100-244B, based on the Building Inspector's November 27, 2001 Notice of Disapproval. The applicants propose additions and alterations to dwelling with a setback at less than 35 feet from the front property line. Location of Property: 745 East Road, Cutchogue; 1000-110-06-13. Thomas Heine, Architect. 6:55 p.m. Appl. No. 5057 - DAVID & TRISH HOWE. This is a request for a Variance under Zoning Code Section 100-242A based on the Building Inspector's November 16, 2001 Notice of Disapproval. The applicant proposes an addition and alterations to the existing dwelling with a front yard setback of less than 40 feet. Location of Property: 90 West Dr., Cutchogue; 1000-110-5-45. Garrett Strang, Architect. 7:05 p.m. Appl. No. 5059 - JOSEPH AND BETH CASTRONOVO. This is a request for a Variance under the Zoning Code, Section 100-244, based on the Building Inspector's October 25, 2001 Notice of Disapproval. The applicants propose a second-story addition to the existing dwelling with a setback at less than 10 feet on one side (with a 23 ft. total for both side yards) and setback at less than 35 feet from the front property line. Location of Property: 250 Wesland Road, Southoid; 1000-59-2-20. Cannella Associates, Arch. Page 4 - Agenda upd. 2/15/02 February. 21, 2002 Meeting Southold Town Board of Appeals Il. PUBLIC HEARINGS, continued: (Please furnish Affidavits of Posting, returned signature cards, etc. at, or before your scheduled hearing.) When possible, written testimony is requested in lieu of extensive oral testimony. All testimony should be limited to zoning issues properly before the Board. 7:15 p.m. Appl. No. 5065 - PETER & MARIA NICOVIC. This is a request for a Variance under Zoning Code Section 100-33 based on the Building Inspector's August 16, 2001 Notice of Disapproval, for approval of the existing location of an as built deck, near the existing deck. The new deck is considered an accessory structure, which is located partly in an area other than the required rear yard. Location of Property: 505 Miriam Rd., Mattituck; ! 000-99-1-35.1. William Amato, agent. 7:25 p.m. Appl. No. 5066 - POSILLICO CONSTRUCTION. This is a request for a Variance under Zoning Code Section 100-33 based on the Building Inspector's December 7, 2001 Notice of Disapproval. The applicant proposes to locate a garage in an area other than the required rear yard. Location of Property: 3040 Kerwin Boulevard, Greenport; 1000-53- 4-44.35. (Also see possible Amended Notice of Disapproval for change in yard identification due to modified location of new dwelling closer to the front line.) )ou.~ 7:30 p.m. Appl. No. 5069 - HOLLY VESCOV1. This is a request for a Variance under Zoning Code Section 100-33 based on the Building Inspector's Notice of Disapproval, concerning a portion of the existing chimney which extends into the 10 ft. side yard setback limitation. Location of Property: 370 Rocky Point Road, August .kc~£,~x~ti~,~ 1, Lot 33, in East Marion; 1000-31-2-24. Lynch Homes, builder. 7:40 p.m. Appl. No. 5054 - JOHN & PATRICIA STACK. This is a request for a Variance under Zoning Code Section 100-33 based on the Building Inspector's August 14, 2001 Notice of Disapproval. Applicants propose to relocate an accessory structure (shed) to a front yard area. This property has two front yards and two side yard designations. Section 100-33 requires a rear yard location. Location of Property: 7650 Nassau Pt. Rd., Cutchogue; 1000-118-3-4.1 7:50 p.m. Appl. No. 5056 - GEORGE S. CAMBOURAKIS. This is a request for a Variance under Zoning Code Section 100-244 based on the Building Inspector's November 16, 2001 Notice of Disapproval. The applicant proposes an additions and alterations to the existing dwelling with a front yard setback of less than 40 feet at 200 Cedar Drive, East Marion; 1000-22-1-3 and 4. 8:00 p.m. Appl. No. 5060 - RUTH ANN BRAMSON. This is a request for a Variance under Zoning Code Section 100-30A.3 based on the Building Inspector's December 7, 2001 Notice of Disapproval. The applicant proposes additions and alterations to the existing dwelling, and the building permit application was disapproved for the reason that the height is Page 5 - Agenda upd. 2/15/02 February. 21, 2002 Meeting Southold Town Board of Appeals ll. PUBLIC HEARINGS, continued: (Please furnish Affidavits of Posting, returned signature cards, etc. at, or before your scheduled hearing.) When possible, written testimony is requested in lieu of extensive oral testimony. All testimony should be limited to zoning issues properly before the Board. (Bramson, continued:) three stories instead of the Code limitation of 2-½ stories. Location of Property: 12042 Main Road, East Marion; 31-14-4.5. Patricia Moore, Esq. 8:10 p.m. Appl. No. 5058 - PETER & VAL LEONIAK - Area variances l)lot sizes, 2) garage location. This is a request for Variances under Zoning Code Sections 100-30A.3 and 100-31, based on the Building Inspector's November 29, 2001 Amended Notice of Disapproval. The applicant proposes Parcels 1 and 2, each with less than 40,000 sq. ft. in size. Parcel #1 will also contain less than 125 ft. of lot width (frontage), and includes the existing accessory garage on a lot, presently vacant and without a principal use. Location of Property: 2040 Pine Tree Road, Cutchogue; 98-1-15, 16 and 17 (approx. i.5 acres as exists). William Goggins, Esq. 8:20 p.m. Appl. No. 5064 ~ MARY LEONARDL This is a request for a Variance under Zoning Code Section 100-244B based on the Building Inspector's December 5, 2001 Notice of Disapproval. The applicant proposes a new dwelling with a rear yard setback at less than fifty (50) feet. Location of Property: 1285 Reydon Dr., Southold; 80-2-15.1. Proper-T Services, Inc., agent. End of public hearings. IlL POSSIBLE DELIBERATIONS/DECISIONS on the following anolications: Hearings concluded tonight from above at II (to be decided by the Board). From tonight's hearings, carried from earlier (tonight's) hearing calendar. IV. RESOLUTIONS/UPDATES/OTHER: A. Resolution to authorize advertisement of new applications (filed in complete form as of advertising deadline for: a) February 28, 2002; b) March 14, 2002; c) April 11, 2002 calendars). B. Discussion regarding Inspections of Assigned Files in complete form. V. EXECUTIVE SESSION MATTERS (if any).