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Home My WebLink AboutZBA-10/07/2021 Agenda AGENDA SOUTHOLD TOWN ZONING BOARD OF APPEALS REGULAR MEETING THURSDAY, OCTOBER 7, 2021 Public Hearings to begin at 10:00 AM 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 Meeting Hall located at 53095 Main Road, Southold, New York. IF YOU INTEND TO APPEAR IN PERSON, YOU MUST WEAR A FACIAL MASK. This meeting will ALSO be accessible via Zoom Webinar. 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: 835 5010 8286; and Passcode: 101653 Call to Order by Chairperson Leslie Kanes Weisman. I. EXECUTIVE SESSION: begin at 9:00 A.M. A. Attorney advice II. WORK SESSION: begin at 9:30 A.M. A. Requests from Board Members for future agenda items. B. Appeal No. 7428 Mini Cedars – Applicant’s Representative formally withdraws. October 7, 2021, Zoning Board of Appeals Regular Meeting Agenda Page 2 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: John Spiro #7560 George Ntavoultzis #7537 John And Joyce Hozapfel #7542 Marc and Shari Weissbach #7540SE Douglas Bradford #7544 Anthony And Angela Geraci #7545 Mark Alberici #7547 Manning Family Irrevocable Trust #7549 Mary Hoeltzel #7550 B. RESOLUTION: The Town of Southold Zoning Board of Appeals, as Lead Agency in the matter of The Enclaves Hotel Restaurant, seeking Site Plan and Special Exception Use Permit approval for a two story 40-unit hotel with four detached cottages and a 74 seat restaurant, located at 56655 Main Road, Southold, New York, (SCTM No. 1000-63.-3-15) has thoroughly considered the record, including comments received during the 22-day public and agency consideration period following the adoption of the Final Environmental Impact Statement (August 20, 2021 through September 10, 2021), and hereby adopts the Findings Statement, dated October 7, 2021, pursuant to Article 8 of the New York State Environmental Quality Review Act (SEQRA), New York State Environmental Conservation Law and Title 6 of the New York State Code and Regulations (6 NYCRR), Part 617, Subsection 617.11 “Decision-Making and Findings Requirement.” IV. DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: TOWN OF SOUTHOLD PLANNING BOARD #7543 – (Tabled on September 16, 2021) The Southold Town Planning Board in a memorandum dated June 24, 2021 has requested that the Southold Town Zoning Board of Appeals make a determination relating to Article II, § 280-7 District boundaries, 280 Attachment 2 Density and Minimum Lot Size Schedule for Nonresidential Districts and 280 Attachment 4 Bulk Schedule for Business, Office and Industrial Districts of the Southold Town Zoning Code; as to; 1) whether or not a property that is within two or more zoning districts is subject to the bulk schedule for minimum lot size for each zoning district and each proposed use; and 2) whether or not a second building proposed in the LB Zoning District constitutes a second use. Located at 420 Paul’s Lane, Peconic, NY, SCTM No. 1000-74-4-5. October 7, 2021, Zoning Board of Appeals Regular Meeting Agenda Page 3 HARD CORNER PARTNERS, LLC – #7541 – (Tabled on September 16, 2021) Request for a Variance from Article X, Section 280-46 and the Building Inspector’s June 25, 2021 Notice of Disapproval based on an application for a permit to constrict a mixed-use commercial building with accessory apartments and four single family dwellings; at 1) located less than the code required minimum rear yard setback of 25 feet; located at: 53530 Main Road, Southold, NY. SCTM No. 1000-61-4-1. V. PUBLIC HEARINGS: To Begin 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. 10:00 A.M. - JOHN SPIRO #7560 - Request for a Variance from Article III, Section 280-15; and the Building Inspector’s July 28, 2021 Notice of Disapproval based on an application for a permit to construct an accessory carport; at; 1) located in other than the code permitted rear yard; located at: 340 Glenwood Road, Cutchogue, NY. SCTM No. 1000-110-6-5. 10:10 A.M. - GEORGE NTAVOULTZIS #7537 - Request for Variances from Article III, Section 280- 15; Article IV, Section 280-19; Article XXIII, Section 280-124 and the Building Inspector’s May 7, 2021 Notice of Disapproval based on an application for a permit for an “as built” amendment to permit #42455Z to make additions and alterations to an existing single family dwelling; at; 1) “as built” accessory structure is located in other than the code permitted rear yard; 2) single family dwelling located less than the code required minimum front yard setback of 35 feet; located at: 870 Bayshore Road, Greenport, NY. SCTM No. 1000-53-4-36. 10:20 A.M. - JOHN AND JOYCE HOZAPFEL #7542 - Request for Variances from Article XXIII, Section 280-124 and the Building Inspector’s May 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 minimum side yard setback of 10 feet; 2) located less than the code required minimum combined side yard setback of 25 feet; located at: 1490 Village Lane, Orient, NY. SCTM No. 1000-24-2-14. 10:30 A.M. - MARC AND SHARI WEISSBACH #7540SE - Applicants request a Special Exception under Article III, Section 280-13B(13). The Applicants are owners of subject property requesting authorization to establish an Accessory Apartment in an existing accessory structure; at: 350 Paddock Way, Mattituck, NY. SCTM#1000-107-4-2.12. 10:40 A.M. - DOUGLAS BRADFORD #7544 - Request for Variances from Article XXIII, Section 280- 124 and the Building Inspector’s May 18, 2021 Notice of Disapproval based on an application for a permit to construct a new porch and second floor additions and alterations to a single family dwelling; at; 1) located less than the code required minimum side yard setback of 10 feet on two side yards; 2) located less than the code required minimum combined side yard setback of 25 feet; 3) more than the code permitted maximum lot coverage of 20%; located at: 3705 Bayshore Road (Adj. to Shelter Island Sound/Peconic Bay), Greenport, NY. SCTM No. 1000-53-6-16. 10:50 A.M. - ANTHONY AND ANGELA GERACI #7545 - Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector’s May 5, 2021 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool with a raised patio; at; 1) more than the code permitted maximum lot coverage of 20%; located at: 600 Snug Harbor Road, (Adj. to Gull Pond Inlet) Greenport, NY. SCTM No. 1000-35-5-35. October 7, 2021, Zoning Board of Appeals Regular Meeting Agenda Page 4 11:00 A.M. - MARK ALBERICI #7547 - Request for a variance from Article XXIII, Section 280-124 and the Building Inspector’s June 24, 2021 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool with masonry coping and raised patios; at; 1) more than the code permitted maximum lot coverage of 20%; located at: 115 East Side Avenue, (Adj. to Mattituck Creek) Mattituck, NY. SCTM No. 1000-99-3-19. 1:00 P.M. - MANNING FAMILY IRREVOCABLE TRUST #7549 - Request for a variance from Article XXIII, Section 280-124 and the Building Inspector’s May 14, 2021 Notice of Disapproval based on an application for a permit to legalize an “as built” conversion of a screened in porch to a heated sunroom attached to a single family dwelling; at; 1) located less than the code required minimum rear yard setback of 50 feet; located at: 1330 Donna Drive, Mattituck, NY. SCTM No. 1000-115-15- 15. 1:10 P.M. - MARY HOELTZEL #7550 - Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector’s June 16, 2021 Notice of Disapproval based on an application for a permit to demolish and construct an existing single family dwelling; at; 1) located less than the code required minimum side yard setback of 15 feet; 2) located less than the code required rear yard setback of 50 feet; located at: 6190 Great Peconic Bay Blvd, (Adj. to Great Peconic Bay) Laurel, NY. SCTM No. 1000-128-2-5. 1:20 P.M. - VINCENT BERTAULT #7467 – (Adjourned from June 17, 2021) Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector’s October 22, Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling, and construct an in ground swimming pool; at 1) proposed additions located less than the code required minimum front yard setback of 35 feet; 2) the accessory swimming pool is located in other than the code permitted rear yard; located at: 95 Navy Street, Orient, NY. SCTM No. 1000-26-1-12.2. 1:30 P.M. - VINCENT BERTAULT #7468SE – (Adjourned from June 17, 2021) 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: 95 Navy Street, Orient, NY. SCTM#1000-26-1-12.2. VI. RESOLUTIONS: A. Resolution for next Regular Meeting with Public Hearings to be held Thursday, November 4, 2021, at 9:00 AM. B. Resolution to approve Minutes from Special Meeting held September 16, 2021. C. Resolution to Amend Decision of #7508SE, Julia Kiely, 16045 Main Road, Mattituck, SCTM No. 1000-115-1-7 for Accessory Apartment.