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Home My WebLink AboutZBA-07/03/2019 Agenda AGENDA WEDNESDAY, JULY 3, 2019 REGULAR MEETING 8:30 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 SESSION: A. Attorney Advice B. Litigation II. WORK SESSION: A. Requests from Board Members for future agenda items. B. Upcoming Training Sessions: (Tentative) i. July 18, 2019 Review of the Town’s Comprehensive Plan with Heather Lanza, Planning Director. ii. August 1, 2019 Discussion relating to lands effected by coastal erosion and risk of storm water damage to waterfront properties with Mark Terry, LWRP Coordinator. III. STATE ENVIRONMENTAL QUALITY REVIEWS; New Applications: A. RESOLUTION declaring applications that are setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests as Type II Actions and not subject to environmental review pursuant to State Environmental Quality Review (SEQR) 6 NYCRR, Part 617.5 (c) including the following: Page 2, Zoning Board of Appeas Agenda of WEDNESDAY, July 3, 2019 Brad and Kathryn Piecuch #7288 HC NoFo, LLC/Todd Feuerstein #7290 Santosha After 50, LLC #7291 Michael McCarrick Real Estate, Inc. #7292 Susan and Timothy Milano #7293 Harun Sinha and Austin Dowling #7294 Rachel Murphy #7295 Lewis Topper #7296 Phillip B. Cammann #7297 Timothy and Natalie Hough #7298SE IV. DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: SV GREENPORT, LLC #7275 - (Tabled on June 20, 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. MICHAEL SMITH #7282 – (Tabled on June 20, 2019) 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. V. 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. - BRAD AND KATHRYN PIECUCH #7288 - Request for a Variance under Article III, Section 280-15 and the Building Inspector’s January 9, 2019 Notice of Disapproval based on an application for a permit to construct an accessory garage; 1) located in other than the code required rear yard; at: 1350 Woodcliff Drive, Mattituck, NY. SCTM#1000-107-8-1. Page 3, Zoning Board of Appeas Agenda of WEDNESDAY, July 3, 2019 9:40 A.M. - HC NOFO, LLC/TODD FEUERSTEIN #7290 - Request for Variances under Article XXIII, Section 280-124 and the Building Inspector’s December 26, 2018 Notice of Disapproval based on an application for a permit to demolish an existing dwelling and construct a new single family dwelling and an accessory garage; 1) proposed single family dwelling measuring less than the code required minimum rear yard setback of 50 feet; 2) proposed accessory garage is located in other than the code required rear yard; at: 6370 Skunk Lane, Cutchogue, NY. SCTM#1000-104-5- 3.3. 9:50 A.M. - SANTOSHA AFTER 50, LLC #7291 - Request for Variances under Article XXIII, Section 280-124 and the Building Inspector’s February 1, 2019 Notice of Disapproval based on an application for a permit to make additions and alterations to an existing seasonal dwelling; 1) less than the code required minimum front yard setback of 35 feet; 2) less than the code required minimum side yard setback of 15 feet; at: 56155 Route 48, (Adj. to Long Island Sound) Greenport, NY. SCTM#1000-44-1-21. 10:00 A.M. - MICHAEL MCCARRICK REAL ESTATE, INC. #7292 - Request for a Variance from Article III, Section 280-15; and the Building Inspector’s February 21, 2019, Notice of Disapproval based on an application for a building permit to construct an accessory garage; at; 1) located less than the code required minimum front yard setback of 35 feet; at: 415 Lakeside Drive, (Adj. to Pleasant Inlet), Southold, NY. SCTM#1000-90-3-13. 10:10 A.M. - HARUN SINHA AND AUSTIN DOWLING #7294 - Request for Variances from Article III Section 280-14 and the Building Inspector’s January 16, 2019 Notice of Disapproval based on an application for a two lot subdivision on a non-conforming .47 acre parcel; at, 1) both proposed lots will be less than the code required minimum lot area of 40,000 sq. ft.; 2) both proposed lots will be less than the code required minimum lot width of 150 feet; 3) both proposed lots will be less than the code required lot depth of 175 feet, at: 195 Ninth Street, Greenport, NY. SCTM#1000- 48-1-23. 10:30 A.M. - RACHEL MURPHY #7295 - Request for Variances from Article III, Section 280-15; Article IV, Section 280-18; Article XXII, Section 280-116A(1); and the Building Inspector’s February 14, 2019, Notice of Disapproval based on an application for a building permit to demolish an existing single family dwelling and construct a new single family dwelling and an accessory in-ground swimming pool; at; 1) proposed swimming pool located in other than the code required rear yard; 2) proposed construction is more than the code permitted maximum lot coverage of 20%; 3) proposed construction of the single family dwelling is located less than the code required 100 feet from the top of the bluff; at: 21695 Soundview Avenue, (Adj. to the Long Island Sound), Southold, NY. SCTM#1000-135-1-7. 10:50 A.M. - LEWIS TOPPER #7296 - Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector’s March 1, 2019, Notice of Disapproval based on an application for a building permit to construct additions and alterations to existing single family dwelling, legalize “as built” trellis addition over patio and to legalize the “as built” accessory shed; at; 1) proposed addition to the single family dwelling located less than the code required minimum front yard setback of 35 feet; 2) proposed addition to the single family dwelling located less than the code required minimum rear yard setback of 35 feet; 3) proposed construction is more than the code permitted maximum lot coverage of 20%; 4) “as-built” shed located in other than the rear yard; at: 3605 Camp Mineola Road, (Adj. to the Great Peconic Bay), Mattituck, NY. SCTM#1000-123-6-12.4. Page 4, Zoning Board of Appeas Agenda of WEDNESDAY, July 3, 2019 11:10 A.M. - PHILLIP B. CAMMANN #7297 - Request for a Variance from Article III, Section 280-15; and the Building Inspector’s March 5, 2019, Notice of Disapproval based on an application for a building permit to construct an accessory swimming pool and raised patio; at; 1) located in other than the rear yard; at: 1500 Deep Hole Drive Road, (Adj. to Deep Hole Creek), Mattituck, NY. SCTM#1000-115-12-21.3. 11:20 A.M. - TIMOTHY AND NATALIE HOUGH #7298SE - Request for a Special Exception under Article III, Section 280-13B(13). The Applicants are the owners of subject property requesting authorization to construct an Accessory Apartment in an existing accessory structure, at: 275 Alois Lane, Mattituck, NY. SCTM#1000-123-6-4.7. 11:30 A.M. - 905 9TH STREET, LLC #7289 – (Adjourned from June 6, 2019) Request for Variances under Article IV, Section 280-18; Article XXIII, Section 280-124; and the Building Inspector’s February 7, 2019 Notice of Disapproval based on an application to approve a two lot subdivision and a permit for the construction of a new single family dwelling and accessory building (lot 10); at 1) proposed two lots will measure less than the minimum lot size of 40,000 sq. ft.; 2) proposed two lots will measure less than the minimum lot width of 150 feet; 3) proposed two lots will measure less than the minimum lot depth of 175 feet; 4) proposed lot no. 9 with existing single family dwelling will have more than the code permitted maximum lot coverage of 20%; 5) proposed lot 10 with proposed single family dwelling will have less than the code required minimum front yard setback of 35 feet; at : 905 9th Street, Greenport, NY SCTM No. 1000-48-2-29. VI. RESOLUTIONS: A. Resolution for next Regular Meeting with Public Hearings to be held Thursday, August 1, 2019, 8:30 AM. B. Resolution to approve Minutes from Special Meeting held June 20, 2019.