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Home My WebLink AboutZBA-09/19/1996 AgendaAPPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Robert A. Villa Lydia A. Tortora Southold Town Hall 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-I823 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Updated 9/9, 9/16, 9/19 AGENDA REGULAR MEETING THURSDAY~ SEPTEMBER 19~ 1996 7:00 p.m. Work Session (Reviews only - no action taken). 7:15 p.m. Chairman to Open Regular Meeting I. ENVIRONMENTAL q~UALITY REVIEW noted as follows: Type II Actions are these hearings tonight which are directly related to residential use, accessory uses, accessory structures, setbacks, lot coverage, and similar regalations pertaining to buildings, structures, and use of residential p rope eries. II. DECISIONS/DELiBERATIONS for carryovers may receive action at any time during the Regular Meeting without a time designation: Appl. No. r4401 - DAVID DeFRIEST. Appl. No. 4406 - BARBARA ADAMS. I[I. PUBLIC IIEARINGS~ as follow: 7:15 p.m. Appl. No. 4389 Jim Gray for TIMOTHY GRAY and JIMBO REALTY. tlearing carried over at request of applicants (from 7/26/96). 7:20 p.m. Appl. No. 4407 - Diane Herod, Architect for HUGH and ROSEMARY MURPItY. (Hearing carryover from 8/21). 7:30 p.m. Appl. No. 4,402 - BARBARA KELLY- Hearing carryover from 8/21/96 at request of applicant). 7:33 p.m. Appl. No. 4415 - THOMAS BALL. Based upon an August 21, D)96 Notice of Disapproval issued by the Building Inspector, applicant is eequesting a variance under Article XXIII, Section 100-239.4B to locate a deck addition within 75 feet of bulkhead, at 1890 (w/s) Arshamomaque Avenue. Southold, NY; County Parcel ID No. 1000-66-2-46, also referred to as Lot 4 on lhe "Mai) o£ Beixedon Estates," Block 7, filed 1946 with the Suff~)lk County Clerk. This parcel contains a uonconforming lot area of 2I .071 sq. ft. and has a nonconforming setback fro;n the new bulkhead, as t~xists. 7::17 p.m. At)pl. N.. 1.111 Swim-Ki~g Pools, Iuc. fop JONATHAN and MARGARET STERN. Based upon a .June 19, 1996 Nolice of Disapproval, ~pl)Iicanl is r~(tuesling a variance slider Article [II. Section 100-33 to I(),':/I~ :m ac¢:essovy :qxvimmin~ pool with feace ~mclosure. ali located in the Page 2 - Agenda Regular Meeting of September 19, 1996 Southold Town Board of Appeals front yard area on this corner lot. Setbacks are established in a froot yard area on non-waterfront parcels only by the Board of Appeals, if alloweld by,variance. Location of Property: Sitnate along Birds Eye Road a private' ro~ riff tile north side of the Main Road, and situate along tile southerly side of another private right-of-way, Orient, NY; County Tax Map Parcel #1000-17-2-1.13 (known as Lot 2 and part of 5, Stem's Subdivision Map (10/1/93). 7 :'40, r.m:. , Appt~. No. 4414 - DONNA IGLESIAS WEXLER. Based upon all August 21, 1996 Notice of Disapproval issued by the Building Inspector, applicant is requesting variances under the Bulk Area Schedule, Article [IIA, Section 100-30A.3 for approval of Lots 1 and 2, as proposed, each with insufficient lot width to the new division line and insufficient side yard setbacks from existing dwellings. Each lot is proposed to contain a minimnm of 40,000 sq. ft. as required in this R-40 Residential Zone District. Location of Property: 8335 Main Road (Route 25), East Marion, NY; Couuty Parcel ID #1000-31-2-32.1. 7:45 p.m. Appl. No. 4413 - J. Kevin McLaughlin, Esq. for EVA MULLINS. Based upon the August 13, 1996 Notice of Disapproval issued by the Building Inspector, applicant is requesting a waiver under Article II, Section 100-26 for a single parcel with a combined lot area of 31,250+- sr. The basis of the Disapproval is that this land area, identified as 1000-77-3-5, 6 (~ 7, was created by deeds prior to 1983, however, some time after 1983 this land has been, and is, in common ownership with an adjoining 40,500+- square ft. area identified as 1000-77-3-15. Location of Sabject Property: East Side of Pine Avenue and Westerly side of private right-of-way at Goose Bay Estates, Southold, NY; Zone District: R-40 Residential. 7:50 p.m. Appl. No. 4416 A. Reilly & Sons, Inc. for NANCY E. BUTKUS. Based upoa an August 28, 1996 Notice of Disapproval issued by the Building Inspector, applicant is requesting a variance under Article III, Section 100-33 to locate an accessory swimming pool with fence enclosure in an area other than the required rear yard at 3855 Mill Lane uear Wolf Pit Lake, Mattituck, NY; County Parcel ID #1000-107-4-3. 7:55 p.m. Appl. No. 4418 Gary Flanner Olsen, Esq. for FLORENCE PAVLAK. Based upon the August 27, 1996 Notice of Disapproval issued by tile Building Inspector, applicant is requesting a Waiver under Article II, Sectioa 100-26 ['or a parcel containing a total lot area of 25,000+- sq. ft. The basis of the Disal)proval is although this lot was approved by subdivisiou of the Towu Planning Board March 11, 1970, that, between July I, 1983 and April 1.1, 1985, this lot, identified as 1000-107-1-5.2 was held in common ownership wi~h an adjoining lot, identified as 1000-107-1-5.1. Street Address: 3755 Grand Aw_roue, Mattituck, NY. 8:00 p.m. Appl. No. 4,118 - Michael Milligi and North Shore Neou Sign Co. for R. AYMONI) REALTY CORP. and MICHAEL'S PONTIAC-CADILLAC OLDS. Based Ul)OU ~he Juue I6, 1996 Notice of Disapproval issued by the Building hmppe~m', al)plicm~ i~ 1)p()poaiu~ to p~Hl()Vo tho existing ground sign ;Uld ill Page 3 - Agenda Regular Meeting o£ September 19, Southold Town Board of Appeals 1996 lieu thereof, is requesting a variance under Article XX, Sections 100-205D(7) and 100-206-B for the placement of a new ground sign which will exceed 24 sq. ft. in area, and be internally illuminated. Location of Property: 42155 Route 25 (Main Road), Peconic, NY; County Tax Map Parcel 1D 11000-75-1-14. 8:i0 p.m. App[. No. 4412 - Bruce Anderson for ROBERT HOLLEY. Based upon a July 24, 1996 Notice of Disapproval issued by the Building Inspector, applicant ts requesting a variance under Article IIIA, Section 100-30A.3 (100-244B) to locate proposed addition with a front yard setback at less than the required 40 feet, at 1085 Bay Shore Road, Pecortic Bay Estates, Greenport, NY; County Parcel ID 11000-53-3-13. 8:i5 p.m. Appl. No. 4419 WILLI~d~I A. HANDS~ JR. Based upon a Notice of Disapproval issued by the Building Inspector dated August 29, 1996, applicant is requesting: (a) under Article XXIV, Section 100-244B, and Article XXIII, Section 100-239.4B, variances for reduced setbacks in the front yard, northerly side yard, total of both sides, and setback from bulkhead for proposed new dwelling, and (b) a waiver under Article II, Section 100-26 for this lot consisting of 22,500+- sr. as created by deeds subdivision and 1983 deed. Location of property: 960 Willow Terrace Lane, Orient, NY, also known as Lot i2 on the Map of Willow Terrace, Section [; CTM t1000-26-2-21. 8:~0 p.m. Appl. No. 4420 - Philip J. Cardinale, Esq. for LINDA FESSMAN as TRUSTEE. Based upon a Notice of Disapproval issued by the Building Inspector August 28, 1996, applicant is requesting a Waiver under Article II. Section 100-26 concerning this parcel of 26,500+- sf, identified as CTM ~;f000-115-6-1, which has been held in common ownership with another lot, CTM #1000-i15-6-2, after July l, 1983. Tkis property is located at the corner of the Main Road (~18400) and Cardinal Drive, Mattituck Estates Filed )dap, Lot 15, at Mattituck, Town of Southold, CTM I1000-115-6-1. ATTORNEY IS REQUESTING THE FOLLOWING APPLICATION BE WITHDRAWN WITHOUT PREJUDICE. RESOLUTION TO CONFIRM. Staff to recommend partial refand amount based upon amount of services & expenses. ~:25 p.m. Appl. No. 439? - ALLEN W. OVSIANIK. (Hearing carryover as requested by R. J. Cron, attorney). IV. OTHER/MISCELLANEOUS: ,\, /~ommJtlee Sessions for Board Members: I. Pkuming & Zoning Committee ,~none set as of 9i6) 2. (f~xJ~ Review Committee- Sept. 25. i996 at 8 p.m. Page 4 - Agenda Regular Meeting of September 19, 1996 Southold Town Board of Appeals I996 Meeting Dates, continued: October 17, 1996 November 14, 1996 December 12, 1996 C. New Appl. #4410 filed 8/31/96 GARY SACKS and ALAN SCHLESiNGER. Request by C. Borelli, Esq. to hold hearing October 17, 1996 instead of Sept. 19th. D. Other New Applications filed for October 17, resolution to calendar, inspect, and send signs for posting. Other new applications added as fi]ed in complete form on or before September 24th: 1. Henry Traendly, fence on berm is above 4' height re~tuirement in a front yard area at 13220 Main Rd, East Marion. i000-31-14-12. 2. ?udge Corp. (Owner), by William Droskoski as Tenant (D & D Cyles). Special Exception application filed requesting approval of marine item display and sales (in conjunction with existing non-marine item repairs as established under C.O. issued 1992). Resolution requesting and awaiting sketch of a map showing display area as per site plan regulations without interference with parking area or access areas to be received by 9/28 for October 17th hearing, or aRerna~ively by 10/18 for Nov. 14th hearing. 3. Others filed on or before 9/24 which are deemed complete. E. MERGER LAW suggestions to be discussed ~'ast-tracking. Informal discussions expected next week members for possible changes and/or fast-tracking. for possible between staff F. EXECUTIVE SESSION - Board Members only to discuss pending Litiga(ion and status update: Mat~ituck Auto Center v. Town of $oulhold.