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Home My WebLink AboutZBA-12/22/2009 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, DECEMBER 22, 2009 SPECIAL MEETING 5:00 P.M. 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. 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 (contractor’s yard) 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. D. SEQRA Reviews Pending: (Tabled, Pending Lead Agency Determination): WILLIAM A. PENNEY III, #6319 Special Exception Only. II. 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, Mattituck; CTM 1000-100-4-part of 3 (now 3.1 and 3.2). Page 2 – Agenda Southold Town Zoning Board of Appeals December 22, 2009 Special Meeting II. DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS (continued): Deliberations (PH 12/3): JOYCE ORRIGO #6332. Location of Property: 66425 C.R. 48 a/k/a North Road), Greenport. This is a request for a Waiver under Code Article II, Sections 280-12 (as amended) to unmerge land identified as SCTM #1000-40-2-12, based on the Building Inspector’s August 4, 2009 Notice of Disapproval citing Zoning Code Section 280-10A, which states that the nonconforming lots merged until a total lot size conforms to the current bulk schedule (minimum 40,000 square feet in this R-40 Residential Zone District). This land merged with the adjacent property to the west identified as SCTM #1000-40-2-11. JOHN and LINDA SCOPAZ #6329. Location of Property: 6300 Indian Neck Lane adjacent to Little Neck Bay (a/k/a Hog Neck Bay), Peconic; CTM 86-7-2.1. Requests for Variances from Code Sections 280-14 and 280-116, based on an application for a building permit for an addition and alterations to a dwelling and the Building Inspector’s July 22, 2009 Notice of Disapproval stating that the new construction is not permitted because the setbacks are proposed at: (a) less than the code-required minimum of 75 feet from a bulkhead, (b) less than the code-required minimum of 20 feet on a single side yard, (c) less than the code-required minimum of 45 feet for combined side yards, and (d) less than the code-required minimum of 75 feet from the rear property line. PORT OF EGYPT ENTERPRISES BY WILLIAM LIEBLEIN #6233. Request for Variances from Code Sections 280-56 and 280-116, based on an application for a building permit and the Building Inspector’s July 27, 2009 Notice of Disapproval concerning addition/alterations proposed to a (restaurant) building, which new construction is proposed: (1) at less than the code-required minimum of 75 feet from a bulkhead adjacent to Southold Bay, and (2) at less than the code- required minimum of 35 feet from the front yard lot line, at 62300 Route 25, Southold; CTM 56-6- 6.1. Zone District: Marine M-II. HIGHLAND HOUSE FI, LLC #6337. Resolution to confirm acceptance of 12/17/09 submissions and close written record for purpose of commencing deliberations. Requests for Variances from Zoning Code Section 280-14, for this proposed subdivision of property and proposed single-family dwelling. Based on the Building Inspector’s August 31, 2009 Notice of Disapproval, the proposed conversion of the existing garage to a single-family dwelling is not permitted for the following reasons: (1) its size is less than the code-required minimum livable floor area of 850 square feet, and (2) its location is less than 60 feet from the front yard lot line. It is further noted that the proposed subdivision requires approval from the Southold Town Planning Board. Location of Property: Ocean View Avenue and Heathulie Avenue, Fishers Island, Town of Southold, NY; Suffolk County Parcel #1000-9-11-7.12 MAGGI TRAVIS #6334. Request for a Variance from Code Section 280-124, based on an application for a building permit for an as-built (porch) addition to a single-family dwelling, and the Building Inspector’s July 13, 2009 amended Notice of Disapproval stating the new construction is not permitted at less than the code-required minimum rear yard setback of 35 feet, Page 3 – Agenda Southold Town Zoning Board of Appeals December 22, 2009 Special Meeting Deliberations (PH 12/3, continued): th at 700 Brown Street (and along 7 Street), Greenport; CTM 48-3-18.1. JOSEPH LOGAN and KELLEY WALKER #6331. Resolution to confirm acceptance of 12/17/09 submission and close written record for purpose of commencing deliberations. Location of Property: 1110 Orchard Street, Orient, lot containing 16,464 square feet. Requested are Variances from Code Sections 280-15C and 280-124, based on an application for a building permit to construct: (a) additions to the dwelling, (b) a new accessory garage, and (c) swimming pool, and the Building Inspector’s July 30, 2009 Notice of Disapproval which states the new construction is not permitted for the following reasons: 1) Additions to the accessory garage result in a size that exceeds the code-limitation of 660 square feet, and 2) Additions and alterations are proposed in excess of the 20% code limitation for all construction areas. IV. PUBLIC HEARINGS (NONE). V. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Resolution to authorize advertising of hearings for Regular Meeting to be held January 21, 2010 which Regular Meeting will commence at 9:30 A.M., Town Meeting Hall, 53095 Main Road, Southold. B. 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: ___ C. Resolve to confirm Zoning Board of Appeals Public Hearing Dates and Special Meeting dates for 2010. V. EXECUTIVE SESSION (no new updates as of 12/21/09).