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Home My WebLink AboutZBA-12/02/2021 Agenda AGENDA SOUTHOLD TOWN ZONING BOARD OF APPEALS REGULAR MEETING THURSDAY, DECEMBER 2, 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 is 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 IF YOU HAVE NOT RECEIVED A COVID-19 VACCINATION. 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: 853 6056 3213; and Passcode: 450607 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. December 2, 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: New Suffolk Waterfront Fund #7595 Fishers Island Community Center #7563se Russell Roberts #7564 John and Margaret Krepp #7565 Michael A. and Maureen Kelly #7566 Jonathan Divello #7572 Tamar Holdings, LLC. #7568 Peter J. Maltese and Madeline Joyce Covello #7569 Kimberly Palermo #7570 Steven Cordoves and Michael Gulizio #7562 Juan Acevedo. #7571 B. NORTH FORK PROJECT, LLC,/OLD MILL INN #7573 – The Town of Southold Planning Board will declare Lead Agency for the purposes of SEQR.. As of the date of this determination, the Planning Board has not asserted Lead Agency and therefore no determination under SEQRA has been made. Therefore, any grant of relief will necessarily be subject to the Planning Board issuing a “Negative Declaration” under SEQRA. IV. DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: THE ENCLAVES HOTEL AND RESTAURANT #7046SE - Request for Special Exception: The project is 6.75 acres and is located on the north side of Main Road +/-90 feet west of the intersection of Main Road and Town Harbor Lane. The property address is 56655 Main Road, Southold. Plans include the conversion of an existing two-story home into a 74-seat restaurant and construction of a 44-unit hotel, including four detached cottages upon a parcel located at 56655 Main Road, Southold, NY, particularly known as Suffolk County Tax Map No. 1000-63-3-15. VINCENT BERTAULT #7467 – 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. December 2, 2021, Zoning Board of Appeals Regular Meeting Agenda Page 3 VINCENT BERTAULT #7468SE –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. PATRICK AND DIANE SEVERSON #7558 – (Tabled November 18, 2021) Request for Variances from Article III, Section 280-15; Article XXII, Section 280-116A; and the Building Inspector’s June 18, 2021 Notice of Disapproval based on an application for a permit to construct a new accessory building; at; 1) located less than the code required 100 feet from the top of the bluff; 2) located less than the code required minimum front yard setback of 50 feet; located at: 9202 Bridge Lane, (Adj. to Long Island Sound) Cutchogue, NY. SCTM No. 1000-73-2-3.1. 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. 1. - 10:00 A.M. - NEW SUFFOLK WATERFRONT FUND #7595 – Request for a Variance from Article XIX, Section 280-85D(5); and the Building Inspector’s June 23, 2021, Amend October 12, 2021 Notice of Disapproval based on an application for a permit to install a freestanding sign; at 1) located less than the code minimum required 15 feet from the edge of pavement; located at: 650 First Street, (Adj. to Great Peconic Bay) New Suffolk, NY. SCTM No. 1000-117-8-18.1. 2.- 10:10 A.M. - FISHERS ISLAND COMMUNITY CENTER #7563SE – Request for a Special Exception, pursuant to Town Code Article III, Section 280-13C(15), the applicant is requesting permission for recreational use upon premises accessory to a community center, and to construct two paddle tennis/pickleball courts; located at: Fox Lane, Fishers Island, NY. SCTM#1000-12-1-1.2. 3. - 10:20 A.M. - RUSSELL ROBERTS #7564 – Request for Variances from Article III, Section 280-15 and Request to Overturn the Building Inspectors July 14, 2021, Amended July 30, 2021 Notice of Disapproval based on an application to construct roof line alterations to an existing accessory structure, and to alter use of the existing accessory structure to an artist studio; at 1) located less than the code required minimum side yard setback of 5 feet; 2) the proposed use in the accessory building is not a permitted accessory use; located at: 1295 Old Harbor Road, (Adj to Cutchogue Harbor) New Suffolk, NY. SCTM No. 1000-117-3-10. 4. - 10:30 A.M. - JOHN AND MARGARET KREPP #7565 – Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector’s July 27, 2021 Notice of Disapproval based on an application for a permit to construct additions and alterations to a single family dwelling and to legalize an accessory shed; at 1) dwelling located less than the code required minimum side yard setback of 15 feet; 2) dwelling located less than the code required minimum combined side yard setback of 35 feet; 3) “as built” shed located less than the coded required minimum side yard setback of 10 feet; located at: 1235 Island View Lane, (Adj. to Shelter Island Sound) Greenport, NY. SCTM No. 1000-57-2-42.8. December 2, 2021, Zoning Board of Appeals Regular Meeting Agenda Page 4 5. - 10:40 A.M. - MICHAEL A. AND MAUREEN KELLY #7566 – Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector’s August 10. 2021 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool; at 1) more than the code permitted maximum lot coverage of 20%; located at: 1450 Marlene Lane, Mattituck, NY. SCTM No. 1000-144-2-35. 6. - 10:50 A.M. - JONATHAN DIVELLO #7572 – Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector’s August 6, 2021 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 minimum required front yard setback of 35 feet; located at: 255 Corwin Street, Greenport, NY. SCTM No. 1000-48-1-44.2. 7. - 11:00 A.M. - TAMAR HOLDINGS, LLC. #7568 – Request for a Variance from Article III, Section 280-15; and the Building Inspector’s August 9, 2021 Notice of Disapproval based on an application for a permit construct an accessory in-ground swimming pool; at 1) located in other than the code required rear yard; located at: 21955 Route 25, Orient, NY. SCTM No. 1000-17-4-23. 8. - 1:00 P.M. - PETER J. MALTESE AND MADELINE JOYCE COVELLO #7569 – Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector’s July 6, 2021 Notice of Disapproval based on an application for a permit to demolish an existing accessory garage and construct a new accessory garage; at 1) more than the code permitted maximum lot coverage of 20%; located at: 825 Bailey Avenue, Greenport, NY. SCTM No. 1000-34-4-13. 9. - 1:10 P.M. - KIMBERLY PALERMO #7570 – Request for Variances from Article III, Section 280- 15;Article XXIII, Section 280-124; and the Building Inspector’s July 23, 2021 Notice of Disapproval based on an application for a permit to demolish (as per Town Code definition) and reconstruct an existing single family dwelling; at 1) located less than the code minimum required combined side yard setback of 25 feet; 2) more than the code permitted maximum lot coverage of 20%; 3) existing hot tub located in other than the code required rear yard; located at: 155 Pinewood Road, Cutchogue, NY. SCTM No. 1000-110-3-2. 10. - 1:20 P.M. - NORTH FORK PROJECT, LLC,/OLD MILL INN #7573 – Request for Variances from Article XIII, Section 280-56 and the Building Inspector’s June 30, 2021 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing restaurant; at 1) located less than the code minimum required front yard setback of 35 feet; 2) located less than the code minimum required rear yard setback of 25 feet; 3) located less than the code minimum required side yard setback of 25 feet; 4) more than the code permitted maximum lot coverage of 30%; located at: 5775 Mill Road, (Adj. to Mattituck Creek) Mattituck, NY. SCTM No. 1000-106-6-3. 11.- 1:30 P.M. - STEVEN CORDOVES AND MICHAEL GULIZIO #7562 – Request for Variances from Article III, Section 280-15;Article XXIII, Section 280-124; and the Building Inspector’s May 17, 2021 Notice of Disapproval based on an application for a permit to demolish and reconstruct a single family dwelling with attached deck and to install an accessory in-ground swimming pool; at 1) located less than the code minimum required combined side yard setback of 15 feet on two sides; 2) located less than the code minimum required combined side yard setback of 35 feet; 3) more than the code permitted maximum lot coverage of 20%; 4) the proposed swimming pool located in other than the code required rear yard; located at: 525 Island View Lane, (Adj. to Shelter Island Sound) Greenport, NY. SCTM No. 1000-57-2-26. December 2, 2021, Zoning Board of Appeals Regular Meeting Agenda Page 5 12.- 1:40 P.M. - JUAN ACEVEDO. #7571 – Request for a Variance from Article XXIII, Section 280- 124 and the Building Inspector’s August 9, 2021 Notice of Disapproval based on an application for a permit to legalize an “as-built” wood deck attached to a single family dwelling; at 1) located less than the code minimum required rear yard setback of 10 feet; located at: 2775 County Road 48, Mattituck, NY. SCTM No. 1000-141-2-11. 13.- 1:50 P.M. - DAVID AND LISA CIFARELLI #7551 – (Adj. from November 4, 2021) Request for Variances from Article XXIII, Section 280-124 and the Building Inspector’s July 1, 2021 Notice of Disapproval based on an application for a permit to demolish an existing dwelling and construct a single family dwelling; at; 1) located less than the code required minimum side yard setback of 10 feet on two side yards; located at: 2674 Peconic Bay Blvd (Adj. to Peconic Bay), Laurel, NY. SCTM No. 1000-128-6-13.3. VI. RESOLUTIONS: A. Resolution for next Regular Meeting with Public Hearings to be held on Thursday, January 6, 2022, at 9:00 AM. B. Resolution to approve Minutes from Special Meeting held on November 18, 2021.