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Home My WebLink AboutZBA-11/03/2022 Agenda AGENDA SOUTHOLD TOWN ZONING BOARD OF APPEALS REGULAR MEETING THURSDAY, NOVEMBER 3, 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: 853 5560 2864 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 November 3, 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: Amos and Courtney Meringer #7716 Glendon and Mindy Homer Joseph and Darla Doorhy #7698SE Sheila Stoltz #7699 Lee and Lili Siegelson #7702 Charlotte Greene #7703 Jake Behan and Lindsey Behan #7704 Richard Martino #7694 B. 46770 ROUTE 48, LLC/PECONIC WATERSPORTS #7700SE and #7701 – Subject Action to construct a Commercial Marine Sales and Service Facility to be Declared by the Planning Board, as Lead Agency, to be an Unlisted Action. IV. DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: NORTH FORK PROJECT, LLC #7687- (Tabled October 20, 2022) 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. NORTH FORK PROJECT, LLC #7688- (Tabled October 20, 2022) 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. JOHN SMYTH AND MARGARET SMYTH #7678 – Tabled October 20, 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. November 3, 2022, Zoning Board of Appeals Regular Meeting Agenda Page 3 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. - VASILIS AND CHRISTINA FTHENAKIS #7559 – (Adjourned from November 4, 2021) Request for Variances from Article III, Section 280-15; Article XXII, Section 280-116A; and the Building Inspector’s July 16, 2021, Amended May 24, 2022 Notice of Disapproval based on an application for a permit to demolish an existing dwelling and cottage 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) swimming pool located in other than the code required rear yard; located at: 6925 Nassau Point Road, (Adj. to the Peconic Bay) Cutchogue, NY. SCTM No. 1000-111-15-9 No. 2 - 10:10 AM. - AMOS AND COURTNEY MERINGER #7716 - Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector’s August 18, 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 relocate an “as built” accessory shed at; 1) dwelling is located less than the code minimum front yard setback of 35 feet; 2) as built shed is located in other than the code permitted rear yard; 3) construction of the dwelling will place the existing accessory garage in other than the code permitted rear yard; at: 210 Westview Drive, Mattituck, NY SCTM No. 1000-139-1-11. No. 3 - 10:20 A.M. - GLENDON AND MINDY HOMER – Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector’s May 2, 2022 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling and to legalize “as built” accessory structures (trellis and shed), at; 1) located less than the code required minimum front yard setback of 35 feet; 2) both trellis and shed located in other than the code permitted rear yard; located at: 2740 Main Bayview Road, Southold, NY. SCTM No. 1000-75-4-21. No. 4 - 10:30 A.M. - JOSEPH AND DARLA DOORHY #7698SE– Applicant requests a Special Exception under Article III, Section 280-13B(13). The Applicant is owner of subject property requesting authorization to construct and establish an Accessory Apartment in an existing accessory structure; at: 1125 Ole Jule Lane, Mattituck, NY. SCTM#1000-122-10-2. No. 5 - 10:40 A.M. - SHEILA STOLTZ #7699 - Request for Variances from Article XXIII, Section 280- 124; and the Building Inspector’s May 12, 2022 Notice of Disapproval based on an application for a permit to demolish an existing dwelling and construct a new single family dwelling with a habitable third story; at; 1) located less than the code required minimum front yard setback of 40 feet; 2) located less than the code required minimum rear yard setback of 50 feet; 3) more than the code permitted maximum lot coverage of 20%; 4) exceeds maximum permitted stories of two and one half (2 ½); located at: 2025 Smith Road, Peconic, NY. SCTM No. 1000-98-4-19.2. No. 6 - 10:50 A.M. - 46770 ROUTE 48, LLC/PECONIC WATERSPORTS #7700SE - Request for a Special Exception pursuant to Article XI, Section 280-48B(12) and the Building Inspector’s June 8, 2022, revised June 10, 2022 Notice of Disapproval to construct and establish a business use in General Business Zoning District, consisting of new marine sales, service and storage facility (Peconic Watersports), located at: 46770 County Road 48, Southold, NY. SCTM No. 1000-55-5-9.1. November 3, 2022, Zoning Board of Appeals Regular Meeting Agenda Page 4 No. 7 - 11:00 A.M. - 46770 ROUTE 48, LLC/PECONIC WATERSPORTS #7701- Request for a Variance from Article XI, Section 280-50C and Building Inspector’s June 8, 2022, revised June 10, 2022 Notice of Disapproval based on an application to demolish an existing building and construct a new marine sales, service and storage facility (Peconic Watersports), at; 1) measuring more than the maximum permitted 60 linear feet of frontage on one street; located at: 46770 County Road 48, Southold, NY. SCTM No. 1000-55-5-9.1. No. 8 - 1:00 P.M. - LEE AND LILI SIEGELSON #7702 - Request for Variances from Article XXIII, Section 280-124; and the Building Inspector’s June 23, 2022 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 (both side yards); 2) located less than the code required minimum combined side yard setback of 25 feet; 3) located less than the code required minimum rear yard setback of 35 feet; 4) more than the code permitted maximum lot coverage of 20%; located at: 2046 Peninsula Road, Fishers Island, NY. SCTM No. 1000-5-2-2 & 100010-3-10. No. 9 - 1:10 P.M. - CHARLOTTE GREENE #7703 - Request for Variances from Article IV, Section 280-18; and the Building Inspector’s June 10, 2022 Notice of Disapproval based on an application for a permit to reconstruct an existing deck addition to an existing single family dwelling at; 1) located less than the code required minimum front yard setback of 50 feet; 2) located less than the code required minimum side yard setback of 15 feet; located at: 500 Stephensons Road, Orient, NY. SCTM No. 1000-17-1-6. No. 10 - 1:20 P.M. - JAKE BEHAN AND LINDSEY BEHAN #7704 - Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector’s June 10, 2022 Notice of Disapproval based on an application for a permit to construct an accessory shed (100 sq. ft.) at; 1) located in other than the code permitted rear yard; located at: 260 Horton Road, Cutchogue, NY. SCTM No. 1000-104-1- 13. No. 11 - 1:30 P.M. - RICHARD MARTINO #7694 - Request for Variances from Article III, Section 280- 15; Article XXII, Section 280-116A(1); Article XXIII, Section 280-124; and the Building Inspector’s May 6, 2022 Notice of Disapproval based on an application for a permit to legalize an as-built accessory gazebo with attached deck/patio and an as-built shed; at; 1) as built shed located in other than the code permitted rear yard; 2) as built gazebo located less than the code required 100 feet from the top of the bluff; 3) as built gazebo located less than the code required minimum side yard property line of 25 feet; located at: 3875 Hallock Lane, Mattituck, NY. SCTM No. 1000-112-1- 8.4. No. 12 - 1:40 P.M. - DANNY VITALE #7658SE – (Adj. from August 4, 2022) 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: 7125 Main Bayview Road, Southold, NY. SCTM#1000-78-7-32.12. VI. RESOLUTIONS: A. Resolution for next Regular Meeting with Public Hearings to be held Thursday, December 1, 2022 at 9:00 AM. B. Resolution to approve Minutes from Special Meeting held Thursday, October 20, 2022.