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Home My WebLink AboutZBA-04/22/2010 Agenda AGENDA THURSDAY, APRIL 22, 2010 REGULAR MEETING 9:00 A.M. Place of Meeting: Southold Town Meeting Hall, 53095 Main Road, Southold Call to Order by Chairperson Leslie Kanes Weisman. Pledge of Allegiance. I. EXECUTIVE BOARD SESSION: Litigation, Frank Isler II.CARRYOVER DELIBERATIONS and/or POSSIBLE DECISION: DeNicolo #6355 (PH concluded 3/25/10) III. STATE ENVIRONMENTAL QUALITY REVIEWS; A. New Applications: RESOLUTION declaring the following as Negative Declaration with No Adverse Effect for the following projects as applied: Type II Actions (No further steps- setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests): BRYAN WEINGART #6368 JOHN SHACK, JR. #6363 CMEEC/F I ELECTRIC CORP. #6375 SOUTHOLD HOLDING, LLC #6371 KEVIN and JEANINE FAGA #6367 NICK MIHALIOS #6361 S. SACHMAN and A. QUARDRANI #6366 BRUCE GOLDSMITH #6362 THEODORE C. MARTZ, JR. 6344 B. SEQRA Reviews Pending: (Tabled, Additional information to be submitted): ROMANELLI REALTY INC. # 6100 Variances, also # 6224 – Special Exceptions for commercial uses (contractors’ yards). Page 2 – Agenda Regular Meeting April 22, 2010 Board of Appeals Town of Southold C. SEQRA Reviews Pending: (Tabled for Lead Agency Determination). WILLIAM A. PENNEY III # 6319 – Special Exception regarding Motor Vehicle Sales Use. IV. PUBLIC HEARINGS : All testimony shall be limited to zoning issues properly before the Board. Each speaker is requested to speak for five minutes, and to submit testimony in writing when possible. 9:30 A.M. BRYAN WEINGART #6368. Request for Variances from Code Section 280-124, based on an application for building permit and the Building Inspector’s May 28, 2009, Updated January 12, 2010, Notice of Disapproval concerning proposed demolition and construction of a single family dwelling, (1) less than the code required front yard setback of 35 feet, (2) more than code required maximum lot coverage of 20%, at: 1445 East Gillette Dr. and Cedar La., East Marion, NY. CTM#38-4-22. 9:45 A.M. JOHN SHACK, JR. #6363. Request for Variances from Code Section 280-116, based on an application for building permit and the Building Inspector’s October 15 , 2009, amended December 4, 2009 Notice of Disapproval concerning demolition and construction of a single family dwelling, (1) less than the code required set back of 75 feet from a bulkhead, (This is a deviation of prior grant #5933 for alterations & additions) at: 1265 Shore Dr., Greenport, NY. CTM#47-2-26.1. 10:00 A. M. CMEEC/F I ELECTRIC CORP. #6375. Applicants request a Special Exception under Section 280-13B(6), public utility, installation of an emergency generator and request for relief from 280-105B, fence at more than the code required height of 6 ½ feet, at 1866 Central Ave., Fishers Island, NY. CTM#6-8-7&3.2. 10:15 A.M. SOUTHOLD HOLDING, LLC #6371. This is a request for a Waiver under Code Article II, Sections 280-10A, to unmerge land identified as SCTM #1000-50-4-5, based on the Building Inspector’s January 26, 2010 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 #1000-50-4-4&3, at: 1120 Soundview Ext., Southold, NY. CTM#50-4-5,4,3. 10:30 A.M. KEVIN & JEANINE FAGA #6367. Requests for Variances under Sections 280-124 and 280-116B, based on the Building Inspector's February 3, 2010 amended Notice of Disapproval concerning demolition and reconstruction of a single-family dwelling at less than the code-required minimum of 10 feet on a single side yard and less than 75 feet from the existing bulkhead (dwelling and foundation were removed, this is a deviation from original grant No’s. 6281 & 6243), adjacent to Orient Harbor, at 12632 Main Road, East Marion; CTM Parcel 1000-31-14-8.2. 10:50 A.M. NICK MIHALIOS #6361. Request for Variances from Code Section 280-105, based on an application for building permit and the Building Inspector’s November 30, 2009, updated March 24, 2010 Notice of Disapproval “as Built” fence, (1) more than the code required height of 4 feet in a front yard, (2) more than the code required height of 6 ½ feet in the side and rear yards, at 1230 The Strand, East Marion, NY. SCTM#1000-30-2-73. 11:05 A.M. S. SACHMAN & A. QUARDRANI #6366. Request for Variances from ZBA Grant # 6040 dated 7/12/07 and ZBA Grant # 6082 dated November 1, 2007, based on an application for building permit and the Building Inspector’s December 4, 2009 Notice of Disapproval concerning proposed cabana and half bath in accessory garage which is a deviation from prior grants, at 4705 Nassau Point Rd., (adj. Little Peconic Bay) Cutchogue, NY. CTM#111-9-9. Page 3 – Agenda Regular Meeting April 22, 2010 Board of Appeals Town of Southold 11:20 A.M. BRUCE GOLDSMITH #6362. Request for Variances from Code Section 280-124, based on an application for building permit and the Building Inspector’s October 8, 2009 Notice of Disapproval concerning proposed construction of an accessory two car garage, (1) less than the code required front yard setback of 35 feet, (2) less than the code required side yard setback of 20 feet, at 2550 Hobart Rd., Southold, NY. CTM#64-3-8. 1:00 P.M. LOUIS and LUBA CORSO #6316. As per 2/25/10 Board Resolution re-opening hearing for the purpose of questions related to only the deeds and right of way access (1/21/10 PH was concluded) Location of property: 13451 Oregon Road, Cutchogue, appealing Building Permit #34590 dated 4/8/09 and Certificate of Occupancy # Z-33674 dated 4/27/09 concerning an as-built agricultural hoop house for storage on property owned by TIMOTHY AND JEANNE STEELE at 13795 Oregon Road, Cutchogue; CTM 1000-83-2-10.16. 1:30 P.M. THEODORE C. MARTZ, JR. #6344. Requests for Variances under Code Sections 280-18 and 280- 10, based on the Building Inspector’s August 19, 2009 Revised November 18, 2009 Notice of Disapproval and an application for a building permit for a subdivision and construction, disapproved for the following reasons: (1) lots merged under Section 280-10; when held in common ownership with the first lot at any time after July 1, 1983…and according to Town Code, the existing lots are merged, (2) proposed Parcel 1 will contain more than one dwelling, (3) subdivision will result in two lots having less than 40,000 square feet for each Parcel 1 & 2. Location of property: 555 Broadwaters Rd., Cutchogue. CTM: 104-12-6.1 (end of hearings, agenda continues below) V. RESOLUTIONS/UPDATED REVIEWS/OTHER: A.Reminder Confirmation: Special Meeting Date for May 6, 2010 at 6:00 PM. B. Resolution for next Regular Meeting with Public Hearings to be held May 20, 2010 at 9:00 AM. 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____ D. Resolution to approve Minutes from Special Meeting held April 8, 2010.