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Home My WebLink AboutZBA-10/06/2022 Agenda AGENDA SOUTHOLD TOWN ZONING BOARD OF APPEALS REGULAR MEETING THURSDAY, OCTOBER 6, 2022 at 9:00 AM The IN-PERSON 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: 892 3997 2527 and 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. B. Extensions and De Minimus approvals October 6, 2022, 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: Patricia and Argyris Dellaportas #7676 Debbie Socaris, Trustee of Diana Retos Family Trust #7689 John Bernhard and Jennifer Maye #7680 Eileen Kasschau #7681 Deborah L. Mckean and Shannon Goldman #7682 Daniel And Suzanne Diviney #7683 North Fork Project, LLC #7687 North Fork Project, LLC #7688 B. PRIOR SEQRA STATEMENT: On September 1, 2022, the Southold Town Zoning Board of Appeals, as Lead Agency, Granted a Negative Declaration, pursuant to SEQRA. for the Unlisted Action of the Cutchogue Fire District, located at 260 New Suffolk Road, Cutchogue, NY, more particularly known as SCTM No. 1000-102-6-5. IV. DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: THEODORE AND CARISSA STRATIGOS #7668 – (Tabled September 15, 2022) Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector’s March 2, 2022 Notice of Disapproval based on an application for a permit to demolish (as per Town Code definition) and reconstruct a single family dwelling and construct an accessory in-ground swimming pool; at; 1) located less than the code required minimum side yard setback of 15; 2) located less than the code required minimum combined side yard setback of 35 feet; 3) swimming pool is located in other than the code permitted rear yard; located at: 550 Blue Marlin Drive, (Adj. to the Shelter Island Sound) Greenport, NY. SCTM No. 1000-57-1-27. 16125 SOUNDVIEW REALTY, LLC. #7670 – (Closed Hearing September 15, 2022) Request for a Variance from Article XXII, Section 280-116A(1) and Building Inspector’s April 13, 2022 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool at; 1) less than the code required 100 feet from the top of the bluff; located at 16125 Soundview Avenue, (Adj. to the Long Island Sound) Southold, NY. SCTM No. 1000-50-2-19. 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. - PATRICIA AND ARGYRIS DELLAPORTAS #7676 - Request for a Variance from Article III, Section 280-15 and Building Inspector’s May 10, 2022 Notice of Disapproval based on an application for a permit to legalize an “as built” accessory building; 1) located less October 6, 2022, Zoning Board of Appeals Regular Meeting Agenda Page 3 than the code required minimum rear yard property line setback of 10 feet; located at: 7970 Main Road, East Marion, NY. SCTM No. 1000-31-6-32.1. No. 2 - 10:10 A.M. - DEBBIE SOCARIS, TRUSTEE OF DIANA RETOS FAMILY TRUST #7689- Request for a Waiver of Merger petition under Article II, Section 280-10A, to unmerge land identified as SCTM No. 1000-43-4-12 which has merged with SCTM Nos. 1000-43-4-13, based on the Building Inspector’s May 24, 2022 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 15 Landing Lane, Greenport, NY. SCTM Nos. 1000-43-4-12 and 1000-43-4-13. No. 3 - 10:20 A.M. - JOHN BERNHARD AND JENNIFER MAYE #7680- Request for a Variance from Article III, Section 280-14 and Building Inspector’s May 5, 2022 Notice of Disapproval based on an application for a permit to legalize an “as built” 4.5 ft. by 5.7 ft. addition to an existing single family dwelling; 1) located less than the code required minimum side yard setback of 20 feet; located at: 2285 Little Neck Road, (Adj. to Baldwin’s Creek) Cutchogue, NY. SCTM No. 1000-103- 10-1. No. 4 - 10:30 A.M. - EILEEN KASSCHAU #7681- Request for Variances from Article XXII, Section 280-116A(1) and Building Inspector’s May 6, 2022, Amended June 22, 2022 Notice of Disapproval based on an application for a permit to legalize “as built” accessory decks and shed located seaward of the top of the bluff, and to construct additions and alterations to an existing single family dwelling; 1) dwelling located less than the code required 100 feet from the top of the bluff; 2) three (3) “as built” decks located less than the code required 100 feet landward of the top of the bluff; 3) “as built” frame shed located less than the code required 100 feet landward of the top of the bluff; located at: 5800 Vanston Road, (Adj. to Great Peconic Bay) Cutchogue, NY. SCTM No. 1000-118-1-1.2. No. 5 - 10:40 A.M. - DEBORAH L. MCKEAND AND SHANNON GOLDMAN #7682- Request for a Variance from Article XXII, Section 280-116A(1) and Building Inspector’s May 6, 2022, Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling; 1) located less than the code required 100 feet from the top of the bluff; located at: 100 Salt Marsh Lane (Adj. to Long Island Sound) Peconic, NY. SCTM No. 1000- 68-3-11.1. No. 6 - 10:50 A.M. - DANIEL AND SUZANNE DIVINEY #7683- Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector’s May 9, 2022, Notice of Disapproval based on an application for a permit to demolish existing dwelling and construct a new single family dwelling; 1) located less than the code required minimum front yard setback of 35 feet; located at: 400 Bay Road, (Adj. to Gull Pond Inlet) Greenport, NY. SCTM No. 1000-43-5-8. No. 7 - 11:00 A.M. - 1670 LEETON DRIVE, LLC/CARRIE MEYERS #7692- Applicant Requested an Adjournment. No. 8 - 1:00 P.M. - NORTH FORK PROJECT, LLC #7687- Request for a Variance from Article XIII, Section 280-55A and Building Inspector’s May 22, 2022, Notice of Disapproval based on an application to legalize the Use of “as built” construction of a new garage used for storage, at; 1) accessory structure does not constitute a permitted principle use or specially permitted use; located at: 5775 West Mill Road (aka 5550 W. Mill Rd.) (Adj. to Mattituck Creek) Mattituck, NY. SCTM No. 1000-106-6-4.1. October 6, 2022, Zoning Board of Appeals Regular Meeting Agenda Page 4 No. 9 - 1:10 P.M. - NORTH FORK PROJECT, LLC #7688- Request for a Variance from Article XIII, Section 280-55A and Building Inspector’s May 24, 2022, Notice of Disapproval based on an application to legalize “as built” construction of a new garage used for storage, at; 1) located less than the code required minimum front yard setback of 35 feet; located at: 5775 West Mill Road (aka 5550 W. Mill Rd) (Adj. to Mattituck Creek) Mattituck, NY. SCTM No. 1000-106-6-4.1. No. 10 - 1:20 P.M. - PETER AND GRETCHEN LANG #7663 – Applicant Requested an Adjournment. No. 11 - 1:30 P.M. – CUTCHOGUE FIRE DISTRICT #7693 - Request for Variances from Article X, Section 280-46 and Building Inspector’s May 11, 2022 Notice of Disapproval based on an application for a permit demolish (as per Town Code Definition) and reconstruct a firehouse; 1) located less than the code required minimum front yard setback of 25 feet; 2) located less than the code required minimum rear yard setback of 25 feet; 3) ) more than the code permitted maximum lot coverage of 40%; 4) less than the code required minimum landscape area of 25%; at: 260 New Suffolk Road, Cutchogue, NY. SCTM No. 1000-102-6-5. No. 12 - 2:00 P.M. - JOHN SMYTH AND MARGARET SMYTH #7678 – (Adjourned from September 1, 2022) Request for a Waiver of Merger petition under Article II, Section 280-10A, to unmerge land identified as SCTM No. 1000-109-2-13.3 which has merged with SCTM No. 1000-109-2-13.4 and/or 1000-109-2-13.6, based on the Building Inspector’s May 10, 2019 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 26745 Route 25, Cutchogue, NY. SCTM Nos.1000-109-2-13.3, 1000-109-2-13.4, 1000-109-2-13.6. VI. RESOLUTIONS: A. Resolution for next Regular Meeting with Public Hearings to be held Thursday, November 3, 2022 at 9:00 AM. B. Resolution to approve Minutes from Special Meeting held Thursday, September 15, 2022. C. Resolution to Grant an Extension to #6897 Peter Cocolaras, 1095 Hyatt Road, Southold, SCTM No. 1000-50-1-14, for One Year to expire October 6, 2023. D. Resolution to Grant an Extension to #7295 Rachel Murphy, 21695 Soundview Avenue, Southold, NY. SCTM No. 1000-135-1-7 for a one-year period beginning on July 18, 2022, expiring on July 18, 2023.