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Home My WebLink AboutZBA-07/29/2010 Agenda AGENDA THURSDAY JULY 29, 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.CARRYOVER DELIBERATIONS and/or POSSIBLE DECISION: HENRY TRAENDLY and BARBARA CADWALLADER #6264 (PH concluded 5/20/10) JOSEPH F. GONZALES #6384 (PH concluded 6/30/10) THOMAS and NANCY M. SPURGE #6380 (PH concluded 5/20/10) LOUIS and LUBA CORSO #6316 (PH concluded 2/25/10) II. Possible Resolution: Board to consider request to re-open file #6359 Mandelbaum, by agent letter dated July 15, 2010, to reconsider the fence height granted in the decision. 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): KEVIN & JEANINE FAGA #6367 JENNIE PAPPAS #6390 HARRIET McNAMARA (McNamara Family Trust) #6393 MICHAEL and CAROLEE LEVISON #6402 REGINA’S GARDEN LLC #6388 SOUTHOLD FREE LIBRARY #6391 RITA DURAN #6395 FISHERS ISLAND FIRE DISTRICT #6399 Page 2 – Agenda Southold Town Zoning Board of Appeal July 29, 2010 – Regular Meeting JOHN E. and SHARON I. WREN #6389 CHARLES D. and DIANE HARKOFF RVC. TR. #6392 MARITIME DAY SCHOOL (H & S Assoc. Realty, LLC.) #6397 GILLIAN FRANCIS and SARAH SALM #6400 B. 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. - FISHERS ISLAND FIRE DISTRICT #6399 - Request for Variance from Code Sections 280-122 and 280-15, based on an application for building permit and the Building Inspector’s March 29, 2010, amended April 27, 2010 Notice of Disapproval, concerning additions/alterations to existing fire station and “as built” accessory shed, 1) proposed addition is not permitted, it shall create new nonconformance or increase the degree of nonconformance, 2) less than the code required front yard setback of 60 feet on both roads, 3) accessory structure not in the code required rear yard with a front yard setback of 13 feet at: Athol Crescent and Equestrian Ave., Fishers Island. SCTM#1000-9-2-4.1. 9:50 A.M. - SOUTHOLD FREE LIBRARY #6391 - Request for Variances from Code Section 280-46, based on an application for building permit and the Building Inspector’s October 13, 2009, Notice of Disapproval concerning proposed addition to a commercial building, at: height exceeding maximum number of stories allowed of two stories at; 53705 Main Rd. and Traveler St., Southold. SCTM#1000-61-1-15.1,15.2, 14. - 10:10 A. M. - RITA DURAN #6395Request for Variance from Code Section 280-124, based on an application for building permit and the Building Inspector’s March 18, 2010 Notice of Disapproval, concerning additions to existing dwelling, 1) lot coverage at more than the code required maximum of 20%, at: 1145 Smith Dr., So., Southold. SCTM#1000-76-2-33 10:20 A.M. - CHARLES D. and DIANE HARKOFF RVC. TR. #6392 - Request for Variance from Code Sections 280-122A and 280-15, based on an application for building permit and the Building Inspector’s March 10, 2010, Notice of Disapproval concerning renovations/additions and “as built” storage buildings, at: For the renovations/additions;1) less than the code required side yard setback of 15 feet, 2) less than the code required front yard setback of 15 feet; 3) (Pursuant to Walz (5039) interpretation such renovations and additions will constitute an increase in the degree of nonconformance) For the storage buildings: 1) less than the code required side yard setback of 15 feet, 2) less than the code required rear yard setback of 25 feet, 3) accessory structures located in area other than the code required rear yard; Lot coverage at more than the code required maximum of 40%, at: 835 First St., Cutchogue. SCTM#1000- 117-8-15. Zone – HB. Page 3 – Agenda Southold Town Zoning Board of Appeal July 29, 2010 – Regular Meeting - 10:40 A.M. – MARITIME DAY SCHOOL (H & S Assoc. Realty, LLC.) #6397Request for Special Exception per Code Section 280-13B(4), the applicant is requesting permission to convert existing office space to operate a nursery school at: 31095 Route 25, Cutchogue. SCTM#1000-102- 2-24.1. - 11:00 A. M. - REGINA’S GARDEN LLC #6388Request for Variance from Code Sections 280- 13 and 280-14, based on an application for building permit to operate a farm office in a non conforming building, and the Building Inspector’s March 10, 2010, Notice of Disapproval stating that the proposed use on this parcel in the AC zone is not permitted and exceeds the code permitted number of uses per the Bulk schedule at: 1150 Sound Ave., Mattituck. SCTM#1000-120-3-5. - 11:20 A.M. - MICHAEL and CAROLEE LEVISON #6402Request for Variance from Code Sections 280-116B, based on an application for building permit and the Building Inspector’s April 8, 2010, Notice of Disapproval concerning additions to an existing dwelling, at: less than the code required setback to a bulkhead of 75 feet at: 1025 Albacore Dr. and Blue Marlin Dr. , (adj. to canal leading to Southold Bay) Greenport. SCTM#1000-57-1-14 - 11:30 A. M. - GILLIAN FRANCIS and SARAH SALM #6400Request for Variance from Code Sections 280-122A and 280-124, based on an application for building permit and the Building Inspector’s April 16, 2010, Notice of Disapproval concerning additions and alterations to an existing dwelling, 1) proposed additions are not permitted, it shall create a new nonconformance or increase the degree of nonconformance (Pursuant to Walz (5039) interpretation such renovations and additions will constitute an increase in the degree of nonconformance), 2) less than the code required side yard setback of 10 feet at: 830 Wilmarth Ave., Greenport. SCTM# 1000-41-1-18. - 11:45 A. M. – HARRIET McNAMARA (McNamara Family Trust) #6393Request for Variance from Code Sections 280-122A and 280-124, based on an application for building permit and the Building Inspector’s March 18, 2010 Notice of Disapproval, concerning additions to one of two existing seasonal dwellings, 1) proposed addition is not permitted, it shall create new nonconformance or increase the degree of nonconformance, 2) lot coverage at more than the code required maximum of 20%, at: Peninsula Rd., (adj. to Darbies Cove) Fishers Island. SCTM#1000- . 10-4-12.3 - 12:00 P.M. - JOHN E. and SHARON I. WREN #6389Request for Variance from Code Section 280-124, based on an application for building permit and the Building Inspector’s March 10, 2010, Notice of Disapproval concerning reconstruction and addition to single-family dwelling, at 1) less than the code required rear yard setback of 35 feet, 2) exceeding maximum lot coverage of 20%; at 225 Hippodrome Dr., Southold. SCTM#1000-66-2-32. - 12:15 P.M. - JENNIE PAPPAS #6390Request for Variance from Code Sections 280-124 and 280-116, based on an application for building permit and the Building Inspector’s January 12, 2010 Notice of Disapproval, amended March 4, 2010, concerning “as built” additions to single-family dwelling, at 1) less than the code required side yard setback of 10 feet, 2) less than the code required rear yard setback of 35 feet, 3) less than the code required setback to a bulkhead of 75 feet, 4) exceeding maximum lot coverage of 20%; at 85 Beverly Rd., (adj. to Arshamomaque Pond)Southold. SCTM#1000-52-2-15. Page 4 – Agenda Southold Town Zoning Board of Appeal July 29, 2010 – Regular Meeting 1:00 P.M. CHRISTA HILDEBRAND and JEFF WILLIAM ABRAMS #6373. (adj. from PH 5/20/10) Request for Variance from Code Section 280-15, based on an application for building permit for “as built” addition to accessory garage, and the Building Inspector’s April 16, 2009, Updated September 9, 2009 and January 11, 2010 Notice of Disapproval concerning “as built” addition to accessory garage, 1) less than the code required side yard setback of 15 feet, 2) square footage exceeding the code required 750 square feet; at 425 Stillwater Ave., Cutchogue, NY. SCTM#1000-103-1-10. Zone: R-40. 1:30 P.M. KEVIN & JEANINE FAGA #6367. (adj. from 4/22/10 PH) 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. 2:00 P.M. THEODORE C. MARTZ, JR. #6344. (adj. from 4/22/10 PH) 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 August 18, 2010 at 6:00 PM. C. Resolution for next Regular Meeting with Public Hearings to be held August 26, 2010 at 9:00 AM. D. Work Session: Other items continued from above Agenda, also other/inspections or updates: Code Committee: updates, work session discussions for code changes; A Local Law in relation to Amendments to Chapter 280, Zoning, LWRP Committee; Planning & Zoning Committee; Other____ E. Resolution to approve Minutes from Special Meeting held July 13, 2010.