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Home My WebLink AboutZBA-05/23/2019 Agenda AGENDA THURSDAY, MAY 23, 2019 SPECIAL MEETING 4:00 P.M. Call to Order by Chairperson Weisman. I. STATE ENVIRONMENTAL QUALITY REVIEWS: New Applications: reviews (pending) II. EXECUTIVE SESSION: Attorney/Client Privilege III. WORK SESSION: a) Requests from Board Members for future agenda items. b) To Begin at 4:00 P.M. - Board Training – Agriculture and Markets Law by William Duffy, Town Attorney. c) Discuss Planning Board request relating to two applications requesting area variance relief for lots created by subdivisions. d) Announcement: During the June 6, 2019 Regular Meeting, the Board’s environmental consultant will review the DEIS of The Enclaves Hotel. e) Reminder: Board Training on June 20, 2019 at 4:00 P.M. FEMA Regulations by Michael Verity and Mark Terry. IV. POSSIBLE RESOLUTION TO CLOSE THE FOLLOWING HEARINGS: KAREN M. POWER #7262 – (Adj. from May 9, 2019) Request for Variances under Article XXIII, Section 280-124; and the Building Inspector’s October 16, 2018, Amended November 16, 2018 Notice of Disapproval based on an application for a permit to Page 2 – May 23, 2019 Special Meeting Agenda Southold Zoning Board of Appeals construct additions and alterations to an existing single family dwelling, at; 1) less than the code required minimum total side yard setback of 25 feet, 2) more than the code permitted maximum lot coverage of 20%; at: 555 Riley Avenue, Mattituck, NY. SCTM#1000-143-4-16. V. DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: 1050 WEST COVE ROAD, LLC, #7268 - Request for Variances under Article III, Section 280-15; Article IV, Section 280-18; Article XXII, Section 280-116A(1); and the Building Inspector’s September 21, 2018 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling and to construct an accessory in-ground swimming pool, at; 1) proposed additions to the single family dwelling located less than the code required 100 feet from the top of the bluff; 2) proposed in-ground swimming pool located less than the code required 100 feet from the top of the bluff; 3) proposed addition to the single family dwelling is less than the code required minimum rear yard setback of 50 feet; 4) proposed swimming pool is partially located in other than the code required rear yard; at: 1050 West Cove Road (Adj. to Cutchogue Harbor), Cutchogue, NY. SCTM#1000-111-5-1. THOMAS KENNEDY #7271 - Request for Variances under Article III, Sections 280-13C and 280-15; Article IV, Section 280-19; Article XXIII, Sections 280-123A and 280-124; and the Building Inspector’s October 30, 2018 Notice of Disapproval based on an application for permits to legalize “as built” additions to an existing single family dwelling, to an existing non-conforming accessory cottage, and to an existing non-conforming tool shed at; 1) as-built addition to single family dwelling is less than the code required minimum side yard setback of 10 feet; 2) as-built accessory structure (deck) is located in other than the code required rear yard; 3) as-built addition to the accessory cottage is not a permitted, pursuant to Article XXIII, Section 280-123 A which states “A non-conforming building containing a non-conforming use shall not be enlarged or structurally altered or moved, except as set forth below, unless the use of such building is changed to a conforming use”; 4) as-built addition to tool shed located less than the code required minimum rear yard setback of 5 feet; 5) as-built changing room and shower attached to the existing tool shed is not permitted, at: 12005 Route 25, East Marion, NY. SCTM#1000- 31-5-2. TRACY MINUCCI/WHITE CAP NORTH FORK, LLC #7272 - Request for a Variance under Article XXIII, Section 280-124 and the Building Inspector’s December 6, 2018 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool, at; 1) more than the code permitted maximum lot coverage of 20%; at: 16500 Main Street, New Suffolk, NY. SCTM#1000-117-9-13. DIANE ARPAIA #7273 - Request for a Variance under Article XXIII, Section 280-124; and the Building Inspector’s November 8, 2018 Notice of Disapproval based on an application for a permit to legalize “as built” additions and alterations to an existing single family dwelling, at; 1) less than the code required minimum side yard setback of 15 feet; at: 1900 Wunneweta Road, Cutchogue, NY. SCTM#1000-111-4-22. Page 3 – May 23, 2019 Special Meeting Agenda Southold Zoning Board of Appeals STRITZLER FAMILY TRUST #7277 - Request for a Variance under Article XXII, Section 280-116(A)(1); and the Building Inspector’s December 21, 2018 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling , at; 1) located less than the code required 100 feet from the top of the bluff; at: 955 Soundview Avenue, (Adj. to Long Island Sound) Mattituck, NY. SCTM#1000-94-1-8. TURKLAN ARKLAN #7279 - Request for a Variance under Article XXII, Section 280-105 and the Building Inspector’s January 14, 2019 Notice of Disapproval based on an application for a permit to legalize an “as built” six (6) foot high fence in the front yard of a single family dwelling, at; 1) more than the code permitted maximum four (4) feet in height when located in the front yard, at: 55 Eastward Court, Mattituck, NY. SCTM#1000- 115-7-11. SV GREENPORT, LLC #7275 - On appeal from Building Inspector’s October 17, 2018 Notice of Disapproval and pursuant to Article I, Section 280-4 and Article XXIV, Section 280-127 of the Town Code; 1) Request interpretations that (a) Applicant’s proposed work at the subject property is not governed by the current Town Code definition of ‘Hotel and Motel, Transient,’ such definition does not require Applicant to remove the existing kitchen facilities in the existing units on the subject property, and the Building Department improperly disapproved Applicant’s building permit application based on such definition; (b) Applicant may continue to use, maintain, and renovate the existing kitchen facilities in the units on the subject property; (c) the Building Department may not require Applicant to comply with the restrictive definition of ‘Hotel and Motel, Transient’ or to remove kitchen facilities from its units to obtain a building permit for proposed renovation and other work on the subject property; and (d) site plan approval is not required for Applicant’s proposed work on the building and units at the subject property; 2) Request annulment of the Building Department’s ‘Notice of Disapproval’ and direction that a building permit be issued; upon property located at: 59725 County Road 48, Greenport, NY. SCTM# 1000-44-2-23. RONALD AND ANN SMITH #7283SE - Request for a Special Exception under Article III, Section 280-13B(13). The Applicants are the owners of subject property requesting authorization to create an Accessory Apartment in an existing accessory structure measuring 830 sq. ft. in living floor area; at: 1530 Camp Mineola Road, Mattituck, NY. SCTM#1000-122-5-3.5. RONALD COONS #7244 (Adjourned from March 28, 2019) Request for Variances under Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector’s September 27, 2018, Notice of Disapproval based on an application for a permit to demolish an existing dwelling and construct a new single family dwelling, at; 1) less than the code required minimum front yard setback of 35 feet, 2) less than the code required minimum rear yard setback of 35 feet; 3) an existing shed located in other than the code required rear yard; at: 5206 Great Peconic Bay Blvd., Laurel, NY. SCTM#1000-128-2-21. PETER PATINELLA #7263 – (Adjourned from April 25, 2019) Request for Variances under Article III, Section 280-14; and the Building Inspector’s November 8, 2018, Amended November 13, 2018 Notice of Disapproval based on an application for a permit to demolish an existing single family dwelling and construct a new single family dwelling, Page 4 – May 23, 2019 Special Meeting Agenda Southold Zoning Board of Appeals at; 1) less than the code required minimum side yard setback of 10 feet, 2) less than the code required minimum total side yard setback of 25 feet, 3) more than the code permitted maximum lot coverage of 20%; at: 440 South Lane, East Marion, NY. SCTM#1000-38-6-12. VI. RESOLUTIONS A. Resolution: To authorize advertising of hearings for Regular Meeting to be held on June 6, 2019 which Regular Meeting will commence at 8:30 A.M., Town Meeting Hall, 53095 Main Road, Southold. B. Resolution: To approve minutes from May 9, 2019 Regular Meeting.