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Home My WebLink AboutZBA-06/20/2019 Agenda AGENDA THURSDAY, JUNE 20, 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: Litigation III. WORK SESSION: a) Requests from Board Members for future agenda items. b) 4:00 p.m. - Board Training - FEMA Regulations by Michael Verity and Mark Terry. IV. POSSIBLE RESOLUTION TO CLOSE THE FOLLOWING HEARINGS: THEODOSIUS W. VICTORIA #7278 - Request for a Variance under Article III, Section 280- 15 and the Building Inspector’s December 4, 2018 Notice of Disapproval based on an application for a permit to relocate an existing single family dwelling and convert a portion of the dwelling into an accessory building (art studio); 1) located in other than the code required rear yard; at: 17250 Main Street, New Suffolk, NY. SCTM# 1000-117-9-30. THEODOSIUS W. VICTORIA #7280 - Request for a Use Variance under Article III, Section 280-13C; Article X, Section 280-45C and the Building Inspector’s December 4, 2018 Notice of Disapproval based on an application for a permit to relocate an existing single family dwelling and convert a portion of the dwelling into an accessory building (art studio); 1) proposed art studio in the accessory building is not a permitted accessory use; at: 17250 Main Street, New Suffolk, NY. SCTM#1000-117-9-30. Page 2 – June 20, 2019 Special Meeting Agenda Southold Zoning Board of Appeals V. DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: SV GREENPORT, LLC #7275 - (Tabled on June 6, 2019) 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. THEODOSIUS W. VICTORIA #7278 - Request for a Variance under Article III, Section 280- 15 and the Building Inspector’s December 4, 2018 Notice of Disapproval based on an application for a permit to relocate an existing single family dwelling and convert a portion of the dwelling into an accessory building (art studio); 1) located in other than the code required rear yard; at: 17250 Main Street, New Suffolk, NY. SCTM# 1000-117-9-30. THEODOSIUS W. VICTORIA #7280 - Request for a Use Variance under Article III, Section 280-13C; Article X, Section 280-45C and the Building Inspector’s December 4, 2018 Notice of Disapproval based on an application for a permit to relocate an existing single family dwelling and convert a portion of the dwelling into an accessory building (art studio); 1) proposed art studio in the accessory building is not a permitted accessory use; at: 17250 Main Street, New Suffolk, NY. SCTM#1000-117-9-30. DAVID AND CLAUDIA GAROFALO #7281 - Request for a Variance under Article III, Section 280-15 and the Building Inspector’s November 30, 2018 Notice of Disapproval based on an application for a permit to legalize an “as-built” accessory deck surrounding an existing accessory in-ground swimming pool; 1) located in other than the code required rear yard; at: 7630 Main Bayview Road, Southold, NY. SCTM#1000-87-5-16. THOMAS F. DALY, III, JOYCE DALY, MARGARET DALY, ET AL #7284 – Request for a Waiver of Merger petition under Article II, Section 280-10A, to unmerge land identified as SCTM No. 1000-66-1-21 which has merged with SCTM No. 1000-66-1-22, based on the Building Inspector’s January 30, 2019 Notice of Disapproval, which states that a non- conforming lot shall merge with an adjacent conforming or non-conforming lot held in common ownership with the first lot at any time after July 1, 1983 and that non- conforming lots shall merge until the total lot size conforms to the current bulk schedule requirements (minimum 40,000 sq. ft. in the R-40 Residential Zoning District); located, at 150 Daly Lane, Southold, NY. SCTM Nos.1000-66-1-21 & 1000-66-1-22. Page 3 – June 20, 2019 Special Meeting Agenda Southold Zoning Board of Appeals MATTHEW F. DALY, ROBERT M. DALY, MARILYN K. DALY, ET AL, #7285 – Request for a Waiver of Merger petition under Article II, Section 280-10A, to unmerge land identified as SCTM No. 1000-66-1-9 which has merged with SCTM No. 1000-66-1-8, based on the Building Inspector’s January 30, 2019 Notice of Disapproval, which states that a non- conforming lot shall merge with an adjacent conforming or non-conforming lot held in common ownership with the first lot at any time after July 1, 1983 and that non- conforming lots shall merge until the total lot size conforms to the current bulk schedule requirements (minimum 40,000 sq. ft. in the R-40 Residential Zoning District); located, at 225 Thomas Street, Southold, NY. SCTM Nos.1000-66-1-8 & 1000-66-1-9. MICHAEL SMITH #7282 - Request for Variances under Article IV, Section 280-15; Article XXII, Section 280-116A(1) and the Building Inspector’s August 17, 2018, Amended November 27, 2018 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool and legalize existing relocated accessory structures, at; 1) proposed swimming pool is located in other than the code required rear yard; 2) proposed swimming pool is located less than the code required 100 feet from the top of the bluff; 3) existing two accessory sheds are located less than the code required minimum side yard setback of 15 feet; at: 1405 Terry Lane, (Adj. to Long Island Sound) Orient, NY. SCTM#1000-14-3-2. EAST END REALTY, LLC #7286 - Request for Variances under Article IX, Section 280-42 and the Building Inspector’s December 11, 2018, Amended February 22, 2019, Notice of Disapproval based on an application for a permit to alter an existing workforce housing building to convert to a single family dwelling on a parcel having an existing business use to be maintained; 1) less than the code required minimum rear yard setback of 75 feet; 2) less than the code required minimum side yard setback of 20 feet at: 4880 Depot Lane, Cutchogue, NY. SCTM# 1000-96-2-3. EAST END REALTY, LLC #7287 - Request for a Use Variance under Article IX, Section 280-42 and the Building Inspector’s December 11, 2018, Amended February 22, 2019, Notice of Disapproval based on an application for a permit to alter an existing workforce housing building to convert to a single family dwelling on a parcel having an existing business use to be maintained; 1) less than the required 80,000 sq. ft. in area for each use, at: 4880 Depot Lane, Cutchogue, NY. SCTM# 1000-96-2-3. HOUND LANE, FISHERS ISLAND #7237 – (Adjourned from April 11, 2019) Request for Variances under Article XI, Section 280-49 and Section 280-50; and the Building Inspector’s August 10, 2018, Amended August 22, 2018 Notice of Disapproval based on an application for a permit to alter an existing building into a restaurant on the first floor and to construct a second story addition for two apartment units; at: 1) the second story addition shall have less than the code required minimum front yard setback of 100 feet; 2) the second story addition shall have more than the required minimum 60 linear feet of frontage on one street; 3) landscaping area measures less than the required 35% of subject lot, located at: Hound Lane, Fishers Island, NY. SCTM#1000-12-1-7.1. VI. RESOLUTIONS Page 4 – June 20, 2019 Special Meeting Agenda Southold Zoning Board of Appeals A. Resolution: To authorize advertising of hearings for Regular Meeting to be held on WEDNESDAY, July 3, 2019 which Regular Meeting will commence at 8:30 A.M., Town Meeting Hall, 53095 Main Road, Southold. B. Resolution: To approve minutes from June 6, 2019 Regular Meeting.