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Home My WebLink AboutZBA-07/15/2021 Agenda ZONING BOARD OF APEALS SPECIAL MEETING AGENDA THURSDAY, JULY 15, 2021 4:00 PM Due to the expiration of the New York State Governor’s Executive Orders regarding the COVID-19 pandemic, IN PERSON access to the Public WILL NOW BE PERMITTED and the meeting will be held in the Southold Town Annex Conference Room located at 54375 Main Road, (at Young’s Avenue) Southold, New York. The public will ALSO have access to view and listen to the meeting as it is happening via Zoom. However, this meeting is not a public hearing and no testimony will be solicited or received. Just Go to the Calendar Page of our Website, http://www.southoldtownny.gov, and Click the Link to “Join Meeting”. Or if you choose to Join by Telephone, Dial: 1-646 558 8656; Enter Webinar ID: 891 5163 5520 and Passcode: 274252. I. EXECUTIVE SESSION: Begin at 4:00 A. Attorney advice. II. WORK SESSION: To begin at 5:00 PM A. Requests from Board Members for future agenda items. Agenda – July 15, 2021 Zoning Board of Appeals Special Meeting Page 2 III. POSSIBLE RESOLUTION TO CLOSE THE FOLLOWING HEARINGS: RICHARD KALICH #7505 – (Adjourned from July 1, 2021) Request for Variances from Article III, Section 280-15; Article IV, Section 280-18; and the Building Inspector’s March 8, 2021 Notice of Disapproval based on an application for a permit to construct a single family dwelling and an accessory spa; at; 1) dwelling is located less than the code required minimum combined side yard of 35 feet; 2) accessory spa is located in other than the code permitted rear yard; located at: 4660 Blue Horizon Bluffs, (Adj. to Long Island Sound) Peconic, NY. SCTM No. 1000-74-1-35.52 IV. DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: MARK HOFFMAN AND JOHN PIERCE #7507SE - Applicant requests a Special Exception under Article III Section 280-13B(14). The Applicants are the owners requesting authorization to establish an Accessory Bed and Breakfast, accessory and incidental to the residential occupancy in this single-family dwelling, with four (4) bedrooms for lodging and serving of breakfast to the B&B casual, transient roomers. Located at: 47100 NYS Route 25 & South Harbor Lane, Southold, NY. SCTM#1000-69-6-11. LINDA DAMBASSIS #7509 - Request for Variances from Article XXII, Section 280-116A(1) and the Building Inspector’s October 22, 2020 Notice of Disapproval based on an application for a permit to legalize as built additions/alterations to an existing single family dwelling and to legalize two (2) as built accessory decks; at; 1) dwelling is located less than the code required 100 feet from the top of the bluff; 2) accessory decks are located seaward of the top of the bluff; located at: 2430 Dignans Road, (Adj. to Long Island Sound) Cutchogue, NY. SCTM No. 1000-83-2-7.2. JACOB WYLIE #7512 - Request for Variances from Article XXIII, Section 280-124; and the Building Inspector’s March 5, 2021 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 front yard setback of 35 feet; 2) ) located less than the code required minimum side yard setback of 10 feet; 3) located less than the code required rear yard setback of 35 feet; 4) more than the code permitted maximum lot coverage of 20%; located at: 140 Mechanic Street, Southold, NY. SCTM No. 1000-61-4-34. MICHAEL A. BOYD AND LISA T. BOYD #7511 - Request for a Variance from Article III, Section 280-15; and the Building Inspector’s February 19, 2021 Notice of Disapproval based on an application for a permit to construct an in-ground swimming pool; at; 1) located in other than the code required rear yard; located at: 12950 Oregon Road, Cutchogue, NY. SCTM No. 1000- 83-3-3.1. NEIL P. STRONSKI #7513 - Request for a Variance from Article XXII, Section 280-116A(1) and the Building Inspector’s April 12, 2020 Notice of Disapproval based on an application for a permit to demolish and reconstruct a single family dwelling; at; 1) located less than the code required 100 feet from the top of the bluff; located at: 7025 Nassau Point Road, (Adj. to Little Peconic Bay) Cutchogue, NY. SCTM No. 1000-111-15-10. Agenda – July 15, 2021 Zoning Board of Appeals Special Meeting Page 3 ANDREAS PFANNER #7501 –Request for Variances from Article III, Section 280-15; and the Building Inspector’s January 21, 2021, Amended February 9, 2021 Notice of Disapproval based on an application for a permit to legalize two (2) “as built” existing sheds; at 1) both sheds located in other than the code required rear yard; located at: 2725 Harbor Lane, Cutchogue, NY. SCTM No. 1000-136-1-24.2. ANDREAS PFANNER #7502 – Request for a Use Variance from Article III, Section 280-13(C) and the Building Inspector’s January 21, 2021, Amended February 9, 2021 Notice of Disapproval based on an application for a permit to construct alterations to an existing accessory garage to convert to an office/workshop; at 1) proposed conversion does not constitute a permitted accessory use; located at: 2725 Harbor Lane, Cutchogue, NY. SCTM No. 1000-136-1-24.2. JULIA KIELY #7508 - Applicant requests a Special Exception under Article III, Section 280- 13B(13). The Applicant is owner of subject property requesting authorization to establish an Accessory Apartment in an existing accessory structure; at: 16045 NYS Route 25, Mattituck, NY. SCTM#1000-115-1-7. V. RESOLUTIONS A. Resolution: To authorize advertising of hearings for Regular Meeting to be held on Thursday, August 5, 2021 which Regular Meeting will commence at 9:00 A.M for Executive Session, and 10:00 AM for Regular Meeting. B. Resolution: To approve minutes from July 1, 2021 Regular Meeting. C. Resolution: To Grant a Second One Year Extension to Mattebella Vineyards, File #7041, dated July 7, 2017. D. Resolution: To Extend Determination of Variance Relief for ZBA File No. 7057. WHEREAS, the Town of Southold Zoning Board of Appeals (“the Board”) has received a written request for an extension of variance relief from the applicant on File No. 7057, Sandra Pagano/27 Bay Avenue, LLC, 7185 Great Peconic Bay Boulevard, Laurel, more particularly known as SCTM No. 1000-126-10-12.1; WHEREAS, the Board notes, and the applicant acknowledges, that the request for an extension has been made after the date on which the variance expired, and; WHEREAS, Section 280-146 (B) requires that a written request for an extension be made prior to the expiration of the variance, and; WHEREAS, the applicant has requested that he/she not be required to reapply for the expired variance relief on various grounds, including but not limited to: the completion of the project, the recent expiration of the variance, and a delay caused by a shutdown of construction due to the COVID-19 pandemic, and; Agenda – July 15, 2021 Zoning Board of Appeals Special Meeting Page 4 WHEREAS, the Board, pursuant to Section 280-146 (B) has the power to vary any regulation contained in Chapter 280 so that the spirit of the chapter is observed, public safety and welfare preserved and that substantial justice is done, including the requirement that a written request for an extension must be provided prior to expiration of the variance, and; WHEREAS, the Board has determined that based upon the factors set forth by the applicant as cited above, that in this instance it is necessary for the Board to vary the requirement that a written request for an extension be made prior to the expiration of a variance, therefore be it; RESOLVED, the Board with regard to the request for an extension of the variance granted in File No. 7057 elects to vary the requirement that a written request must be made prior to the expiration of the variance, and be it further; RESOLVED, the Board hereby grants a sixty (60) day extension of the variance relief granted in File No. 7057, from this date, to expire on September 13, 2021.