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Home My WebLink AboutZBA-05/05/2022 Agenda AGENDA SOUTHOLD TOWN ZONING BOARD OF APPEALS REGULAR MEETING THURSDAY, MAY 5, 2022 at 9:00 AM T he meeting will be held in the Southold Town Meeting Hall located at 53095 Main Road, Southold, New York. 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: Webinar ID: 826 1749 2349; Passcode: 254731 Call to Order by Chairperson Leslie Kanes Weisman. I. EXECUTIVE SESSION: Begin at 9:00 A.M. A. Attorney advice II. WORK SESSION: A. Requests from Board Members for future agenda items. 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 May 5, 2022, Zoning Board of Appeals Regular Meeting Agenda Page 2 review pursuant to State Environmental Quality Review (SEQR) 6 NYCRR, Part 617.5 (c) including the following: Pequot Point, LLC #7616 Glen J. Norton #7624 Paul Levi and Raffaella Ceriello #7617 Christos Verveniotis #7640 Kim W. Tetrault and Kim M. Randall #7625 Mark Riesenfeld #7620 Joy T. Sieger and Timothy R. Sieger #7622 Sand Lennox, LLC #7619 SV Greenport LLC, Dba Sound View Greenport #7630 SV Greenport LLC, Dba Sound View Greenport #7630 SV Greenport LLC, Dba Sound View Greenport #7631 Richard and Suzanne Rothwell #7623 Estate of Charlotte Penza #7618 Modern Age Home Builders #7662 IV. POSSIBLE RESOLUTION TO CLOSE THE FOLLOWING HEARINGS: KATHERINE HUBBARD #7607SE– 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: 2465 Elijahs Lane, Mattituck, NY. SCTM#1000-108-4-7.14. V. PUBLIC HEARINGS: - 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. No. 1 - 10:00 A. M. - PEQUOT POINT, LLC #7616 – Request for Variances from Article III, Section 280-15; Article XXII, Section 280-116A(1); and Building Inspector’s October 15, 2021 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling and to construct a new accessory garage, at; 1) dwelling is located less than the code required 100 feet from the top of the bluff; 2) garage is located in other than the code permitted rear yard; located at East End Road/2875 Castle Road, (Adj. to Block Island Sound) Fishers Island, NY. SCTM No. 1000-5-2-10.12. No. 2 - 10:10 A.M. - GLEN J. NORTON #7624 - Request for Variances from Article XXIII, Section 280- 124; and Building Inspector’s December 27, 2021 Notice of Disapproval based on an application for a permit to construct additions and alterations to a single family dwelling at; 1) located less than the code required minimum rear yard setback of 60 feet; 2) located less than the code required minimum side yard setback of 20 feet; located at 396 Alpine Avenue, #356, Fishers Island, NY. SCTM No. 1000-9-5-17. No. 3 - 10:20 A.M. - PAUL LEVI AND RAFFAELLA CERIELLO #7617 – Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector’s November 12, 2021 Notice of Disapproval May 5, 2022, Zoning Board of Appeals Regular Meeting Agenda Page 3 based on an application for a permit to legalize an existing wood deck with roof covering attached to a single family dwelling, at; 1) located less than the code required minimum side yard setback of 15 feet; located at 405 Arshamomaque Avenue, Southold, NY. SCTM No. 1000-56-2-16. No. 4 - 10:30 A.M. – CHRISTOS VERVENIOTIS #7640 - Request for a Variance from Article XXII, Section 280-105D(4); and Building Inspector’s January 10, 2022 Notice of Disapproval based on an application for a permit to legalize an “as built” deer fence at; 1) deer fencing is prohibited in or along the front yard or primary front yard of any property; 4960 Horton Lane, Southold, NY. SCTM No. 1000-54-3-21.4. No. 5 - 10:40 A.M. - KIM W. TETRAULT AND KIM M. RANDALL #7625 – Request for a Variance from Article XXII, Section 280-105D(4); and Building Inspector’s January 10, 2022 Notice of Disapproval based on an application for a permit to legalize an “as-built” deer fence at; 1) deer fencing is prohibited in or along the front yard or primary front yard of any property; located at 4650 Horton Lane, Southold, NY. SCTM No. 1000-54-3-21.2. No. 6 - 10:50 A.M. - MARK RIESENFELD #7620 - Request for a Variance from Article X, Section 280-45C and Building Inspector’s December 8, 2021 Notice of Disapproval based on an application for a permit to convert an existing accessory barn to an accessory artist studio/workshop at; 1) the proposed use in the accessory building is not a permitted accessory use; located at 800 Village Lane, Orient, NY. SCTM No. 1000-25-1-15. No. 7 - 11:00 A.M. - JOY T. SIEGER AND TIMOTHY R. SIEGER #7622 – Request for a Variance from Article III, Section 280-15; and Building Inspector’s December 3, 2021 Notice of Disapproval based on an application for a permit to legalize an as-built accessory wood trellis at; 1) located less than the code required minimum side yard setback of 10 feet; located at 41780 NYS Route 25, Peconic, NY. SCTM No. 1000-86-1-7. No. 8 - 11:10 A.M. - SAND LENNOX, LLC #7619 - Request for a Variance from Article XXII, Section 280-116A(1) and Building Inspector’s November 19, 2021 Notice of Disapproval based on an application for a permit to demolish an existing dwelling and to construct a new single family dwelling 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 40 feet; located at 1450 Salt Marsh Lane, (Adj. to Long Island Sound) Peconic, NY. SCTM No. 1000-68-3-1. No. 9 - 1:00 P.M. - SV GREENPORT LLC, DBA SOUND VIEW GREENPORT #7630 – Request for a Variance from Article XIX, Section 280-86A(4); and Building Inspector’s January 4, 2022 Notice of Disapproval based on an application for a permit to install a new 28 sq. ft. freestanding sign identifying Parking Area at; 1) as may be authorized as a variance by the Zoning Board of Appeal; located at 59670 County Road 48, Greenport, NY. SCTM No. 1000-44-4-5.1. No. 10 - 1:05 P.M. - SV GREENPORT LLC, DBA SOUND VIEW GREENPORT #7631 – Request for Variances from Article XIX, Section 280-85D(5) and Section 280-85D(7); and Building Inspector’s October 20, 2021, Amended December 2, 2021 Notice of Disapproval based on an application for a permit to remove an existing freestanding sign and install a new 72 sq. ft. freestanding sign identifying Business Name at; 1) sign shall not be more than 24 sq. ft. in size; 2) sign shall not be located less than 15 feet from the pavement or five feet from the sidewalk and shall not be placed in the Public Right of Way; located at 58855 County Road 48, (Adj. to Long Island Sound) Greenport, NY. SCTM No. 1000-44-2-22. May 5, 2022, Zoning Board of Appeals Regular Meeting Agenda Page 4 No. 11 - 1:10 P.M.- SV GREENPORT LLC, DBA SOUND VIEW GREENPORT #7632 – Request for a Variance from Article XIX, Section 280-85D(7); and Building Inspector’s January 4, 2022 Notice of Disapproval based on an application for a permit to install a new 54 sq. ft. freestanding sign identifying Business Logo; 1) sign shall not be more than 24 sq. ft.; located at 59725 County Road 48, (Adj. to Long Island Sound) Greenport, NY. SCTM No. 1000-44-2-23. No. 12 - 1:20 P.M. - RICHARD AND SUZANNE ROTHWELL #7623 – Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and Building Inspector’s December 5, 2021, Amended December 29, 2021 Notice of Disapproval based on an application for a permit to demolish and construct an accessory garage and construct an accessory in-ground swimming pool at; 1) garage located less than the code required minimum side yard setback of 5 feet; 2) garage located less than the code required minimum rear yard setback of 5 feet; 3) more than the code permitted maximum lot coverage of 20%; located at 1255 Hobart Road, Southold, NY. SCTM No. 1000-64-2-9. No. 13 - 1:30 P.M. - ESTATE OF CHARLOTTE PENZA #7618 - Request for a Waiver of Merger petition under Article II, Section 280-10A, to unmerge land identified as SCTM No. 1000-78-3-56 which has merged with SCTM No. 1000-78-3-57, based on the Building Inspector’s November 9, 2021 Notice of Disapproval, which states that a non-conforming lot shall merge with an adjacent conforming or non-conforming lot held in common ownership with the first lot at any time after July 1, 1983 and that non-conforming lots shall merge until the total lot size conforms to the current bulk schedule requirements (minimum 40,000 sq. ft. in the R-40 Residential Zoning District); located, at 1395 Hiawatha’s Path, Southold, NY. SCTM Nos.1000-78-3-56 and 1000-78-3-57. No. 14 - 1:40 P.M. – MODERN AGE HOME BUILDERS #7662 – Request for a Variance from Article XXII, Section 280-105C; and Building Inspector’s March 3, 2022 Notice of Disapproval based on an application for a permit to legalize an “as-built” six (6) foot metal fence, at; 1) six (6) foot high fencing is set back less than the permitted minimum 10 feet from the secondary front yard property line, located at 2135 Willow Drive, East Marion, SCTM No. 1000-22-5-1. VI. RESOLUTIONS: A. Resolution for next Regular Meeting with Public Hearings to be held Thursday, June 2, 2022. 8:30 AM. B. Resolution to approve Minutes from Special Meeting held Thursday, April 21, 2022. C. Resolution to approve a One-year Extension from March 16, 2022 to expire March 15, 2023, for John and Theresa Murname, located at 125 Bow Road, Southold, NY. SCTM No. 1000-87-2- 33.