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Home My WebLink AboutZBA-11/05/2020 Agenda AGENDA SOUTHOLD TOWN ZONING BOARD OF APPEALS REGULAR MEETING THURSDAY, NOVEMBER 5, 2020 at 9:00 AM Due to public health and safety concerns related to COVID-19, the Zoning Board of Appeals will not be meeting in-person. In accordance with the Governor’s Executive Order 202.1, the NOVEMBER 5, 2020 Zoning Board of Appeals Regular Meeting with public hearings will be held via video conferencing, and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live, and will be permitted to speak. Details about how to tune in via video conferencing and make comments during the meeting are on the Town’s website agenda under http://www.southoldtownny.gov/calendar.aspx. Click the Link to Join the Meeting. If you do not have access to a computer or smartphone, there is an option to listen in via telephone. You may join by Telephone: 646-558-8656, Zoom Webinar ID 978 8650 2182, Passcode: 443235 Call the ZBA office at 631-765-1809 for help. I. EXECUTIVE SESSION: Beginning at 9:00 A.M. A. Attorney advice II. WORK SESSION: A. Requests from Board Members for future agenda items. B. Mini Cedars #7428 Adjourned to December 3, 2020 by Applicant C. Request for 30 Day Extension Appeal Nos. 7409, 7410 and 7411, Indian Neck LLC Deer Fences Page 2 –November 5, 2020 Agenda Southold Town Zoning Board of Appeals 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: Phillip Lim #7402 - 8100 Hortons Lane, LLC #7433 Barbara and Bob Martucci #7431 Ioannis John Zoumas #7438 Robert and Wendy Lehnert #7432 Jane G. Weiland #7434 Alison M. Byers #7436 Esteves Holding Corp., Jerry Cibulski #7437 Elizabeth McGrath #7439 AFJG, LLC, Alexander Jedynski #7435 III. POSSIBLE RESOLUTION TO CLOSE THE FOLLOWING HEARINGS: ANTHONY TARTAGLIA AND JAMES HOWELL #7396 – (Adjourned from October 15, 2020) Request for Variances from Article XXIII, Section 280-123; Article XXIII, Section 280-124; and the Building Inspector’s January 29, 2020, Amended September 1, 2020 Notice of Disapproval based on an application for a permit to reconstruct an “as built” sunroom to an existing single family dwelling, and to legalize an “as built” deck/patio to an existing accessory garage with apartment ; at 1) “as built” addition and alteration to the nonconforming accessory garage with apartment is not permitted; a nonconforming use shall not be enlarged or structurally altered or moved, unless the use of the building is changed to a conforming use; 2) proposed construction to the single family dwelling is located less than the code required minimum side yard setback of 15 feet; 3) proposed construction is more than the code permitted maximum lot coverage of 20%; located at: 55255 Suffolk County Route 48, (adj. to the Long Island Sound) Greenport, NY. SCTM No. 1000-44-1-9. MICHAEL KREGER #7420 – (Reopened October 15, 2020) Request for an Interpretation pursuant to Article III, Section 280-13 and the Building Inspector’s February 25, 2020 Notice of Disapproval based on an application for additions and alterations to a single family dwelling to determine whether the current improvements constitutes as a third floor; located at: 985 Bay Shore road, (Adj. Pipes Creek) Greenport, NY. SCTM No. 1000- 53-3-13.1. IV. DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: V. PUBLIC HEARINGS: Beginning at 10:00 A.M. - 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. Page 3 –November 5, 2020 Agenda Southold Town Zoning Board of Appeals No. 1 - 10:00 A.M. - PHILLIP LIM #7402 - Request for Variances from Article III, Section 280-15; Article IV, Section 280-18; and the Building Inspector’s February 7, 2020 Notice of Disapproval based on an application for a permit to legalize an “as built” reconstruction of an existing accessory deck and an “as built” deck addition attached to an existing single family dwelling; at 1) accessory deck is less than the code required minimum side yard setback of 15 feet; 2) deck addition is less than the code required minimum side yard setback of 15 feet; located at: 2070 Hyatt Road (Adj. to Long Island Sound), Southold, NY. SCTM No. 1000-50-1-1. No. 2 - 10:10 A.M. - 8100 HORTONS LANE, LLC #7433 - Request for a Variance from Article III, Section 280-13 and the Building Inspector’s September 9, 2020 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, at; 1) more than the code permitted maximum two and one-half (2-1/2) stories; located at: 8100 Hortons Lane, (Adj. to Long Island Sound), Southold, NY. SCTM No. 1000 54-4-31. No. 3. - 10:20 A.M. - BARBARA AND BOB MARTUCCI #7431 - Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector’s August 4, 2020 Notice of Disapproval based on an application for a permit to legalize an “as built” addition, and construct new additions and alterations to a single family dwelling; at 1) less than the code required minimum rear yard setback of 50 feet; located at: 360 Goose Creek Lane (Private Rd. #31), Southold, NY. SCTM No. 1000-77-3-23. No. 4. - 10:30 A.M. - IOANNIS JOHN ZOUMAS #7438 - Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector’s September 14, 2020 Notice of Disapproval based on an application for a permit to construct a single family dwelling; at 1) less than the code required minimum front yard setback of 40 feet; located at: 75 Clearview Avenue, Southold, NY. SCTM No. 1000-70-8-41. No. 5. - 10:40 A.M. - ROBERT AND WENDY LEHNERT #7432 - Request for Variances from Article XXIII, Section 280-124 and the Building Inspector’s July 10, 2020, 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 minimum side yard setback of 10 feet; 2) located less than the code required minimum combined side yard setback of 25 feet; located at: 240 Wicks Road, New Suffolk, NY. SCTM No. 1000-110-8-19. No. 6. - 11:10 A.M. - JANE G. WEILAND #7434 - Request for Variances from Article IV, Section 280-18; Article XXII, Section 280-105A and 280-116A(1); and the Building Inspector’s August 10, 2020, Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling and construct a six (6) feet high fence; at 1) located less than the code required minimum side yard setback of 15 feet; 2) located less than the code required minimum 100 feet from the top of the bluff; 3) fence is more than the code permitted maximum four (4) feet in height when located in the front yard; located at: 6485 Nassau Point Road, (Adj. to Little Peconic Bay) Cutchogue, NY. SCTM No. 1000-111-13-11. Page 4 –November 5, 2020 Agenda Southold Town Zoning Board of Appeals No. 7. - 11:20 A.M. - ALISON M. BYERS #7436 - Request for Variances from Article IV, Section 280-18; Article XXIII, Section 280-116A(1); and the Building Inspector’s June 16, 2020 Notice of Disapproval based on an application for a permit to demolish an existing single family dwelling and construct a new single family dwelling; at 1) less than the code required minimum front yard setback of 50 feet; 2) located less than the code required 100 feet from the top of the bluff; located at: 10075 Nassau Point Road, (Adj. to Little Peconic Bay) Cutchogue, NY. SCTM No. 1000-119-1-13.1. No. 8 - 1:00 P.M. - ESTEVES HOLDING CORP., JERRY CIBULSKI #7437 - Request for a Variance from Article III, Section 280-15 and the Building Inspector’s September 18, 2020 Notice of Disapproval based on an application for a permit to construct a single family dwelling; at 1) less than the code required minimum rear yard setback of 50 feet; located at: 6505 Horton Lane, Southold, NY. SCTM No. 1000-54-7-17. No. 9. - 1:10 P.M. - ELIZABETH MCGRATH #7439 - Request for a Variance from Article III, Section 280-15 and the Building Inspector’s January 21, 2020, Amended September 25, 2020 Notice of Disapproval based on an application for a permit to legalize an “as built”/”under construction” accessory building; at 1) located in other than the code permitted rear yard; located at: 1077 New Suffolk Road, Cutchogue, NY. SCTM No. 1000- 109-7-7.2. No. 10. - 1:20 P.M. - CAMERON DOWE AND MEG STRECKER #7421 – (Adjourned from October 1, 2020) Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector’s February 24, 2020 Notice of Disapproval based on an application for a permit to legalize an “as built” deck addition attached to an existing single family dwelling; at 1) located less than the code required minimum combined side yard setback of 35 feet; located at: 975 Cedar Point Drive West (Adj. to West Lake), Southold, NY. SCTM No. 1000-90-1-5. No. 11. - 1:30 P.M. - AFJG, LLC, ALEXANDER JEDYNSKI #7435 – Request for Variances from Article XXIII, Section 280-124 and the Building Inspector’s July 17, 2020 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling; at 1) less than the code required minimum front yard setback of 35 feet; 2) more than the code permitted maximum lot coverage of 20%; located at: 350 Windjammer Drive, (aka 90 Windjammer Drive), Southold, NY. SCTM No. 1000-71-2-20. No. 12. - 1:40 P.M. - SUSAN COHEN WACHTER AND PAUL E. WACHTER #7429 – (Adjourned from October 1, 2020) Request for Variances from Article XXIII, Section 280- 124 and the Building Inspector’s June 11, 2020, Notice of Disapproval based on an application for a permit to demolish an existing single family dwelling and construct a new single family dwelling; at 1) located less than the code required minimum front yard setback of 40 feet; 2) located less than the code required minimum single side yard setback of 15 feet; located at: 2295 Bay Shore Road (Adj. to Pipe’s Cove) Greenport, NY. SCTM No. 1000-53-4-15. Page 5 –November 5, 2020 Agenda Southold Town Zoning Board of Appeals VI. RESOLUTIONS: A. Resolution for next Regular Meeting with Public Hearings to be held Thursday, December 3, 2020 at 9:00 AM. B. Resolution to approve Minutes from Special Meeting held on October 15, 2020. C. Resolution to Adjourn #7428 Mini Cedars, as requested by Applicant, to December 3, 2020. D. Resolution to Grant a Request for 30 Day Extension for Appeal Nos. 7409, 7410 and 7411, Indian Neck LLC, Deer Fences