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Home My WebLink AboutZBA-02/02/2023 Agenda Formatted: Top: 0.38", Bottom: 0.63" BOARD MEMBERS Town Hall Annex Leslie Kanes Weisman, Chairperson 53095 Route 25, Main Road Patricia Acampora P.O. Box 1179 Eric Dantes Southold, NY 11971 Robert Lehnert, Jr. Telephone (631) 765-1809 Nicholas Planamento http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD AGENDA SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, FEBRUARY 2, 2023 at 9:00 AM 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. 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: 814 9086 4998; and Passcode: 254731 Call to Order by Chairperson. I. EXECUTIVE SESSION: begin at 9:00 A.M. A. Attorney advice II. WORK SESSION: Begin at 10:00 AM. 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 review pursuant to State Environmental Quality Review (SEQR) 6 NYCRR, Part 617.5 (c) including the following: 12425 Sound, LLC, Andrew Fohrkolb #7735 12425 Sound, LLC, Andrew Fohrkolb #7736SE Mary And Kenneth Marissael #7729 CVJB, LLC/Jacqueline Schnabel #7730 February 2, 2023, Zoning Board of Appeals Regular Meeting Agenda Page 2 Judith Spates #7744 Gil Ben-Ami and Tracy Ben-Ami #7731 Andreas Serpanos #7732 Paul And Lisa Holobigian #7728 Diane Mulvaney #7739SE Chris And Mary Stratakis #7723 Thomas E. Barnard #7727 Rosemarie J. Wagner and Robert H. Wagner, Jr. #7742SE V. DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: PATRICIA AND ARGYRIS DELLAPORTAS #7676 – (Tabled on January 19, 2023) 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 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. *** February 2, 2023, Zoning Board of Appeals Regular Meeting Agenda Page 3 IV. PUBLIC HEARINGS: 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. - 12425 SOUND, LLC, ANDREW FOHRKOLB #7735 – Request for Variances from Article XV, Section 280-63 and the Building Inspector’s October 4, 2022 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing dwelling to be converted to affordable housing apartments at; 1) located less than the code required minimum rear yard setback of 70 feet; 2) located less than the code required minimum side yard setback of 20 feet; located at: 12425 Sound Avenue, Mattituck, NY. SCTM No. 1000-141-3-39. No. 2 - 10:05 A.M. - 12425 SOUND, LLC, ANDREW FOHRKOLB #7736SE – Request for a Special Exception pursuant to Article XV, Section 280-62B(11) and Article XXVI, Section 280-138B(6), the applicant is requesting a conversion and expansion of an existing two story residential dwelling to six (6) units of affordable rental housing; located at 12425 Old Sound Avenue, Mattituck, NY SCTM No. 1000-141-3-39. February 2, 2023, Zoning Board of Appeals Regular Meeting Agenda Page 4 No. 3 - 10:10 A.M. - PETER AND GRETCHEN LANG #7663 – (Adj. from October 6, 2022) Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector’s January 18, 2022 Notice of Disapproval based on an application for a permit to construct a front porch attached to an existing single family dwelling; at; 1) located less than the code required minimum front yard setback of 35 feet; located at: 865 New Suffolk Road, Cutchogue, NY. SCTM No. 1000-109-7-3. February 2, 2023, Zoning Board of Appeals Regular Meeting Agenda Page 5 No. 4 - 10:20 A.M. - MARY AND KENNETH MARISSAEL #7729 – Request for Variances from Article XXIII, Section 280-124; and the Building Inspector’s July 18, 2022 Notice of Disapproval based on an application for a permit to construct roof alterations and dormer additions to an existing single family dwelling; at; 1) located less than the code required minimum front yard setback of 35 feet; 2) located less than the code required minimum secondary front yard of 20 feet; located at: 260 Founders Path, Southold, NY. SCTM No. 1000-64-2-24. February 2, 2023, Zoning Board of Appeals Regular Meeting Agenda Page 6 No. 5 - 10:30 A.M. - CVJB, LLC/JACQUELINE SCHNABEL #7730 – Request for a Variance from Article XXII, Section 280-116A(1) and the Building Inspector’s September 6, 2022 Notice of Disapproval based on an application for a permit to construct a deck addition to an existing single family dwelling; at; 1) located less than the code required 100 feet from the top of the bluff; located at: 1390 Demarest Road (Adj. to Long Island Sound), Orient, NY. SCTM No. 1000-13-2-7.7. February 2, 2023, Zoning Board of Appeals Regular Meeting Agenda Page 7 No. 6 - 10:40 A.M. - JUDITH SPATES #7744 – Request for a Variance from Article XXIII, Section 280- 124; and the Building Inspector’s November 10, 2022 Notice of Disapproval based on an application to construct a garage addition attached to an existing single family dwelling; at; 1) less than the code required minimum front yard setback of 35 feet; located at: 375 Masters Road, Laurel, NY. SCTM No. 1000-126-9-21. February 2, 2023, Zoning Board of Appeals Regular Meeting Agenda Page 8 No. 7 - 10:50 A.M. - GIL BEN-AMI AND TRACY BEN-AMI #7731 – Request for a Variance from Article XXII, Section 280-116A(1) and the Building Inspector’s September 27, 2022 Notice of Disapproval based on an application for a permit to demolish and construct a new single family dwelling at; 1) located less than the code required 100 feet from the top of the bluff; located at: 1800 Hyatt Road (Adj. to Long Island Sound), Southold, NY. SCTM No. 1000-50-1-4. February 2, 2023, Zoning Board of Appeals Regular Meeting Agenda Page 9 No. 8 - 11:00 A.M. - ANDREAS SERPANOS #7732 – Request for a Variance from Article XXII, Section 280-116A(1) and the Building Inspector’s September 7, 2022 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool with spa at; 1) located less than the code required 100 feet from the top of the bluff; located at: 19105 Soundview Avenue (Adj. to Long Island Sound), Southold, NY. SCTM No. 1000-51-1-17. February 2, 2023, Zoning Board of Appeals Regular Meeting Agenda Page 10 No. 9 - 1:00 P.M. - PAUL AND LISA HOLOBIGIAN #7728 – Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector’s August 9, 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 rear yard setback of 35 feet; located at: 70 Owaissa Avenue, Southold, NY. SCTM No. 1000-87-3-25 February 2, 2023, Zoning Board of Appeals Regular Meeting Agenda Page 11 No. 10 - 1:10 P.M. - DIANE MULVANEY #7739SE - Applicant requests a Special Exception under Article III Section 280-13B(14). The Applicant is the owner of subject property requesting authorization to establish an Accessory Bed and Breakfast, accessory and incidental to the residential occupancy in this single-family dwelling, with three (3) bedrooms for lodging and serving of breakfast to the B&B casual, transient roomers. Located at: 225 Marion Lane, East Marion, NY. SCTM#1000-31-8-12.11. February 2, 2023, Zoning Board of Appeals Regular Meeting Agenda Page 12 No. 11 - 1;20 P.M. - CHRIS AND MARY STRATAKIS #7723 – Request for Variances from Article XXII, Section 280-116A(1); Article XXIII, Section 280-124; and the Building Inspector’s July 20, 2022 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool and to legalize two “as built” accessory decks with sheds; at; 1) swimming pool located less than the code required 100 feet from the top of the bluff; 2) “as built” accessory deck located in a non-permitted location seaward of the top of the bluff; 3) “as built accessory shed with deck located in a non permitted location seaward of the top of the bluff; 4) construction more than the code permitted maximum lot coverage of 20%; located at: 800 Sound Drive (Adj. to Long Island Sound), Greenport, NY. SCTM No. 1000-33-4-5. February 2, 2023, Zoning Board of Appeals Regular Meeting Agenda Page 13 No. 12 - 1:30 P.M. - THOMAS E. BARNARD #7727 – Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector’s August 26, 2022 Notice of Disapproval based on an application to legalize an “as-built” addition to a deck and “as built” conversion of a screen porch to living space attached to an existing single family dwelling, and an “as-built” accessory deck; at; 1) the deck addition located less than the code required minimum rear yard setback of 60 feet; 2) the screen room conversion located less than the code required minimum rear yard setback of 60 feet; 3) the screen room conversion located less than the code required minimum side yard setback of 20 feet; 4) accessory deck located less than the code required minimum rear yard setback of 15 feet; 5) accessory deck located less than the code required minimum side yard setback of 15 feet; located at: 4240 Paradise Point Road, (Adj. to Southold Bay) Southold, NY. SCTM No. 1000-81-3-7. February 2, 2023, Zoning Board of Appeals Regular Meeting Agenda Page 14 No. 13 - 1:40 P.M. - ROSEMARIE J. WAGNER AND ROBERT H. WAGNER, JR. #7742SE – Applicants request 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 measuring less than the code required 450 sq. ft. in area; at: 8310 Soundview Avenue, Southold, NY. SCTM#1000-59-7-29.6. February 2, 2023, Zoning Board of Appeals Regular Meeting Agenda Page 15 VI. RESOLUTIONS: A. Resolution for next Regular Meeting with Public Hearings to be held Thursday, March 2, 2023 at 9:00 AM. B. Resolution to approve Minutes from Special Meeting held January 19, 2023. C. Resolution to GRANT a Third and Final One-year Extension to #7137, SV Greenport, LLC, 58775 County Road 48, Greenport, , SCTM No. 1000-44-2-20. D. Resolution to GRANT a Second One-year Extension to #7245, Joellen Cortapasso, 4830 Peconic Bay Blvd, Laurel, SCTM No. 1000-128-4-13.