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Home My WebLink AboutZBA-11/29/2001 Agenda11/28; 11/29 11 AM AGENDA REGULAR MEETING THURSDAY, NOVEMBER 29, 2001 6:45 p.m. Call to Order. I. STATE ENVIRONMENTAL QUALITY (SEQRA) REVIEWS/RESOLUTION: (Reviews pending inspections; none proposed at this time). II. PUBLIC HEARINGS: (Recessed as a carryover from 11/15/01, and expected closure of hearing tonight): 7:00 p.m. Appl. No. 5021 - THOMAS P. and ANNETTE JORDAN. This is a request under Code Section 100-26 for a Lot Waiver to Unmerge property shown on the Suffolk County Tax Maps as 1000-79-4-25 from 1000-79-4-26. This request is based on the Building Inspector's August 22, 2001 Notice of Disapproval which states that Lot 25 has merged with an adjacent lot to the north (79-4-26) pursuant to Section 100-25 which lots have been held in common ownership during a period of time after July 1, 1983. Location: 1550 and 1680 Brigantine Drive, Southold. Wickham, Wickham & Bressler, P.C. 7:15 p.m. Appl. No. 5023 – NORTH FORK COUNTRY CLUB. This is a request for a Variance under Article III, Section 100-31B(7), and Article XXIV, Section 100- 244B, based on the Building Inspector's September 7, 2001 Notice of Disapproval. The reasons stated in the Disapproval is that Building Permit #27135 was issued in error because the building is located at less than 50 feet from the rear lot line, is 96+- feet from the Main Road, and that the building addition exceeds the 20% lot coverage limitation. Location of Property: 300 Linden Avenue (a/k/a Moore’s Lane), Cutchogue; Parcel 1000-109-3-8.1 (7.1 and part of 4). Zone District: RO Residential Office, and R-40 Residential (northwest corner). Patricia Moore, Esq. 7:40 p.m. ROGER AND LESLIE WALZ. Location of Property: 2505 Old Orchard Road, East Marion; Parcel 1000-37-6-5: (1) Appl. No. 5038 - This is an Amended Appeal for an Interpretation of the Southold Town Zoning Code, Section 100-242A, requesting a determination that additions and alterations within or over the footprint of existing dwellings with nonconforming setbacks do not create any new nonconformance or increase the degree of nonconformance with regard to the zoning regulations, and Reversal of the Building Inspector’s May 2, 2001 Notice of Disapproval. Code Section 100-242A states that: Page 2 – Agenda (Upd. 11/5/09) November 29, 2001 Meeting Southold Town Board of Appeals Nothing in this Article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. (2) Appl. No. 4962 - (Carryover from September hearing calendar). 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. III. POSSIBLE DELIBERATIONS/DECISIONS: A. Appl. No. 5029 – ROBERT KRUDOP. This is a request for a Variance under Article XXIV, Section 100-243A, based on the Building Inspector's September 26, 2001 Notice of Disapproval. Applicant is proposing to move one dwelling to a new location with a side yard setback at less than ten (10) feet, at its closest point, and to relocate an accessory framed garage in a nonconforming location, at 170 Tuthill Lane, Cutchogue; Parcel 1000-96-1-8. The reason for the Disapproval is that a nonconforming building containing a nonconforming residential use in this Light Industrial Zone District, shall not be enlarged, reconstructed, or structurally altered or moved. B. 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 1, 1983. Location of Property: 4400 Pequash Avenue and 95 Midwood Road, Cutchogue, NY. Patricia Moore, Esq. C. Appl. No. 4965 – NORMA MILLER. This is a request for a Variance under Article III, Section 100-31A.2, based on the Building Inspector’s May 21, 2001 Notice of Disapproval for the reason that renovation of the existing accessory building constitutes a second dwelling use on a lot. Location of Property: 12920 Main Road, East Marion; Parcel 1000-31-14-14. D. Appl. No. 5030 – FRED AND MARY MILNER. This is a request for a Page 3 – Agenda (Upd. 11/5/09) November 29, 2001 Meeting Southold Town Board of Appeals Variance under Article IIIA, Section 100-30A.4, based on the Building Inspector’s August 9, 2001 Notice of Disapproval which states that the accessory pool house structure is required to be located in the rear yard, and the pool house, as placed, is located in the side yard. Location of Property: 985 White Eagle Drive, Laurel; Parcel 1000-127-9-22. E. Appl. No. 5028 – ANN LENCESKI. This is a request for a Variance under Section 100-239.4 based on the Building Inspector's August 6, 2001 Notice of Disapproval. Applicant is proposing to construct a deck addition which will be less than seventy–five (75) feet from the bulkhead at 3700 Minnehaha Boulevard, Southold; Parcel 1000-87-3-5. F. Appl. No. 5017 – THE FIRST BAPTIST CHURCH OF CUTCHOGUE. This is a request for a Special Exception under Zoning Code Section 100-31B(2) for a Place of Worship and related accessory uses, at 15945 County Road 48 (a/k/a Middle Road), Cutchogue; Parcel 1000-101-1-14.5. Diane Herold, Architect. G. Appl. No. 5018 – ST. PETER’S LUTHERAN CHURCH. This is a request for a Special Exception under Zoning Code Sections 100-31B(2), and 100-81b(1), for expansion/additions to an existing Place of Worship, at 71305 Main Road (a/k/a Route 25), Greenport; Parcel 1000-45-2-7.1. Zone District: Limited Business. Diane Herold, Architect. H. Appl. No. 5020 – BRUCE AND MAUREEN CAMPBELL. This is a request for a Variance under Article III, Section 100-33, based on the Building Inspector's August 13, 2001 Notice of Disapproval. Applicants are proposing to construct an accessory garage in a front yard location instead of the required rear yard at 620 Meday Avenue, Mattituck; Parcel 1000-113-10-15.7. I. Appl. No. 5027 – JOSEPH BENDOWSKI. This is a request for a Variance to construct and replace accessory garage with nonconforming setbacks, based on the Building Inspector's September 26, 2001 Notice of Disapproval under Article XXIV, Section 100-242A for the following reasons: (1) the proposed reconstruction of the accessory garage will increase the degree of nonconformance and (2) the proposed height of the garage measures greater than 18 feet under Section 100-33A. Location of Property: 3060 Park Avenue, Mattituck; 123-08-19. J. Appl. No. 5022 – CATHERINE LYNCH with Power of Attorney for JANE BEAR. This is a request for a Variance under Article IIIA, Section 100-30A, based on the Building Inspector’s September 4, 2001 Notice of Disapproval which states that the “as built” greenhouse and frame shed addition to dwelling do not meet the Page 4 – Agenda (Upd. 11/5/09) November 29, 2001 Meeting Southold Town Board of Appeals minimum 50 ft. rear yard setback requirement. Location of Property: 374 Wampum Way, Southold; Parcel 1000-87-2-37 & 38 (combined). K. Appl. No. 5024 – ROBERT RUTKOSKI. This is a request for a Variance under Article III, Section 100-33, based on the Building Inspector's September 12, 2001 Notice of Disapproval. Applicant is proposing to construct an in-ground swimming pool in a yard area defined by the Code as front yard. (The Building Department confirmed that this lot has two front yards and two side yards, and that the Code does not define a rear yard for this parcel based on its frontages.) Location of Property: 11165 C.R. 48, Mattituck; Parcel 1000-108-1-2. L. Others deemed appropriate by Board (from tonight’s hearings, II above). IV. RESOLUTIONS/OTHER: A. Resolution to advertise public hearings for the December 13, 2001 Regular Meeting Calendar. B. Confirmation of Proposed Meeting Calendar for 2002. C.