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HomeMy WebLinkAboutZBA-10/05/2023 Agenda AGENDA THURSDAY, OCTOBER 5, 2023 at 9:00 AM 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, hit,p:// .sou-t l t in,inye,g , 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: 881 5484 3739; Passcode: 254731. 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. B. Review requests for extensions and de minimus approvals. 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 (SEAR) 6 NYCRR, Part 617.5 (c) including the following: Walter Gless #7826 QJSG Properties, LLC #7827 Joseph C. McCormack, Jr. #7828 Patrick McElroy #7830 October 5, 2023, Zoning Board of Appeals Regular Meeting Agenda Page 2 Michael and Nicholas Giacone #7829 Tracy and Alexander Sutton #7831 Robert S. Martin #7833 Kathleen Walas and Thomas Sarakatsannis #7835 Charles Disapio and Xanne Perez #7832 Edwin J. Pisani #7834SE William And Stacey Brennen #7837 North Fork Project 2, LLC. & North Fork Project 3, LLC. #7836 B. SEQRA STATEMENT - BUDD'S POND MARINA, INC., AKA ALBERTSONS MARINA, WIRELESS CELL TOWER#7839:—Subject Action to construct a new wireless telecommunications facility to be Declared as an Unlisted Action by the Planning Board, as Lead Agency. IV. DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: ALLAN SCHWARTZMAN #7816 — (Tabled from September 21, 2023) Request for a Variance from Article XXIII, Section 280-123 and the Building Inspector's April 10, 2023 Notice of Disapproval based on an application for a permit to legalize "as built" alterations to a pre-existing accessory garage containing a sleeping room, bathroom and two (2) conditioned spaces; at 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use; located at: 1165 West Road, (Adj. to Cutchogue Harbor) Cutchogue, NY. SCTM No. 1000-110-7-2. BERRY P. 2021 APRT #7818 — (Tabled from September 21, 2023) Request for a Variance from Article XXII, Section 280-116A(1) and the Building Inspector's April 27, 2023 Notice of Disapproval based on an application for a permit to construct a pergola addition to a single family dwelling; at 1) located less than the code required 100 feet from the top of the bluff; located at 2840 Stars Road, East Marion, NY. SCTM No. 1000-22-3-1. V. 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. 10:00 A.M. - WALTER GLESS #7826 - Request for Variances from Article XXIII, Section 280-124; and the Building Inspector's June 28, 2023 Notice of Disapproval based on an application for a permit to legalize the "as built" demolition of an existing residence (as per Town Code definition) and to reconstruct a single family dwelling; at 1) less than the code required minimum rear yard setback of 35 feet; located at 800 Koke Drive, (adj. to Corey Creek) Southold, NY. SCTM No. 1000- 87-5-7. 10:10 A.M. — QJSG PROPERTIES, LLC #7827 - Request for Variances from Article III, Section 280- 13C; Article III, Section 280-15; Article XXII, Section 280-1051)(4); and the Building Inspector's May 9,2023,Amended July 28,2023 Notice of Disapproval based on an application for a permit to install additional deer fencing and to construct an accessory potting shed, a chicken run with coop, a goat barn, an accessory artist studio structure, barn, and two (2) hoop houses, and to legalize an "as built" accessory pergola, a greenhouse and two (2) sheds on rural residential property; at 1) October 5, 2023, Zoning Board of Appeals Regular Meeting Agenda Page 3 the proposed artist studio use in the accessory building is not a permitted accessory use; 2)seven (7) proposed accessory structures located in other than the code permitted rear yard; 3) four (4) "as built" accessory structures located in other than the code permitted rear yard; 4) deer fencing located in the non-permitted front yard or primary front yard; located at: 38015 NYS Route 25, Orient, NY. SCTM No. 1000-15-2-15.7. 10:20 A.M. -JOSEPH C. MCCORMACK,JR.#7828 -Request for Variances from Article XXIII,Section 280-124, and the Building Inspector's June 28, 2023 Notice of Disapproval based on an application for a permit to demolish (as per Town Code definition) and reconstruct a single family dwelling; at 1) less than the code required minimum primary front yard setback of 35 feet; 2) less than the code required minimum rear yard setback of 35 feet; located at: 2670 Stillwater Avenue, Cutchogue, NY. SCTM No. 1000-136-2-17.1. 10:30 A.M. - PATRICK MCELROY#7830 -Request for Variances from Article XXIII, Section 280-124; Article XXXVI, Section 280-207A(1)(b); and the Building Inspector's May 25, 2023 Notice of Disapproval based on an application for a permit to demolish (as per Town Code definition) and reconstruct a single family dwelling; at 1) located less than the code required minimum primary front yard setback of 35 feet; 2) located less than the code required minimum side yard setback of 10 feet; 3) more than the code permitted maximum lot coverage of 20%; 4) gross floor area exceeding permitted maximum square footage for lot containing up to 20,000 square feet in area; located at: 440 Third Street, New Suffolk, NY. SCTM No. 1000-117-9-20. 10:40 A.M. - MICHAEL AND NICHOLAS GIACONE #7829 - Request for a Variance from Article XXIII, Section 280-123, and the Building Inspector's May 3, 2023 Notice of Disapproval based on an application for a permit to legalize "as built" front porch and rear deck attached to an existing seasonal dwelling; at 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use; located at: 270 Park Avenue Ext., (Adj. to Deep Hole Creek) Mattituck, NY. SCTM No. 1000-123-8-27. 10:50 A.M. - TRACY AND ALEXANDER SUTTON #7831 - Request for a Variance from Article III, Section 280-14 and the Building Inspector's May 12, 2023 Notice of Disapproval based on an application for a permit to legalize "as built" alterations to convert to habitable space in the attic (third floor) of a single family dwelling, and to rescind a condition of a permitted Special Exception; at 1) as per condition #4 stipulated in Special Exception file #7527SE, dated September 16, 2021 which states the third floor attic shall not be used as living space by owner nor by the Bed and Breakfast guests and is to remain unheated and unconditioned for storage use, only; located at 25500 Main Road, Orient, NY. SCTM No. 1000-18-6-10. 11:00 A.M. - ROBERT S. MARTIN #7833 - Request for a Variance from Article III, Section 280-15, and the Building Inspector's May 23, 2023 Notice of Disapproval based on an application for a permit to construct an accessory pool pavilion; at 1) located in other than the code permitted rear yard; located at: 1600 Little Neck Road, Cutchogue, NY. SCTM No. 1000-103-4-13. 11:10 A.M. - KATHLEEN WALAS AND THOMAS SARAKATSANNIS#7835 - Request Variances from Article XXIII, Section 280-124; Article XXXVI, Section 280-208A, and the Building Inspector's May 25, 2023, Amended July 7, 2023 Notice of Disapproval based on an application for a permit to demolish (as per Town Code definition) and reconstruct a single family dwelling with swimming pool addition; at 1) located less than the code required minimum front yard property line setback of 40 feet; 2) located less than the code required minimum side yard property line setback of 15 October 5, 2023, Zoning Board of Appeals Regular Meeting Agenda Page 4 feet; 3) the construction exceeds the permitted sky plane as defined in Article XXXVI, Section 280- 4 of the Town Code; located at: 750 Brooks Road (adj. to Pipes Neck Creek, Greenport, NY. SCTM No. 1000-53-1-16. 1:00 P.M. - CHARLES DISAPIO AND XANNE PEREZ #7832 - Request for a Variance from Article III, Section 280-13C, and the Building Inspector's July 13, 2023 Notice of Disapproval based on an application for a permit to legalize an "as-built" artist studio with a half bathroom in an existing accessory garage; at 1) the proposed use in the accessory building is not a permitted accessory use; located at: 5780 New Suffolk Avenue, (adj. to Deep Hole Creek) Mattituck, NY. SCTM No. 1000- 115-10-7. 1:10 P.M. — EDWIN J. PISANI #7834SE -Applicant requests a Special Exception under Article III, Section 280-13C(13). The Applicant is owner of the subject property requesting authorization to establish an Accessory Apartment in an existing accessory structure; at: 7180 Peconic Bay Boulevard, (adj. to Great Peconic Bay) Laurel, NY. SCTM#1000-126-11-9.1. 1:20 P.M. — WILLIAM AND STACEY BRENNEN #7837 - Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's July 24, 2023 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 15 feet; 2) located less than the code required minimum combined side yard setback of 25 feet; located at: 1050 Trumans Path (Adj. to Marion Lake), East Marion, NY. SCTM No. 1000-31-12-5.1. 1:30 P.M.— NORTH FORK PROJECT 2, LLC. & NORTH FORK PROJECT 3, LLC. #7836 - Request for Variances from Article III, Section 280-14 and Article III, Section 280-15; and the Building Inspector's June 20, 2023 Notice of Disapproval based on an application to create a two lot subdivision; at 1) proposed Lot 1 is less the code required minimum lot size of 80,000 square feet; 2) proposed Lot 1 is less than the required lot depth of 250 feet; 3) a Greenhouse located on proposed Lot 2 is less than the minimum required side yard setback of 20 feet; located at 10020 Sound Avenue and 9650 Sound Avenue, Mattituck, NY. SCTM No. 1000-122-2-8.1 and 1000-122-2- 24.4. 1:40 P.M. - CHRIS AND MARISA LAWS #7809 — (Adj. from September 7, 2023) Request for Variances from Article IV, Section 280-18;Article XXIII,Section 280-124;Article XXXVI,Section 280- 207A(1)(b); and the Building Inspector's March 10, 2023 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling; at 1) exceeding the maximum permitted two and one half (2 1/2) stories; 2) gross floor area exceeding permitted maximum square footage for lot containing up to 20,000 square feet (buildable) in area; 3) more than the code permitted maximum lot coverage of 20%; located at: 1200 Leeton Drive, Southold, NY. SCTM No. 59-1-1. 2:00 P.M. - BUDD'S POND MARINA, INC., AKA ALBERTSONS MARINA, WIRELESS CELL TOWER #7839: Request for Variances from Article XIII, Section 280-53; and the Building Inspector's August 9, 2023, Notice of Disapproval based on an application for a permit to construct a new wireless telecommunications facility; 1) having less than 160,000 sq. ft. as required for a second principal use (80,000 sq. ft. per principal use) in MII Zoning District where a principal use as a marina with boat storage already exists; 2) located less than the code required minimum rear yard property line setback of 25 feet; 3) more than the code permitted maximum lot coverage of 30%; located at: 61405 Main Road, Southold, NY. SCTM#1000-56-3-15. October 5, 2023, Zoning Board of Appeals Regular Meeting Agenda Page 5 V. RESOLUTIONS: a. Resolution for next Regular Meeting with Public Hearings to be held Thursday, November 2, 2023 at 9:00 AM. b. Resolution to approve Minutes from Special Meeting held September 21, 2023. a) Resolution: To approve a One Year Extension for Paul Reinckens #7359, 1065 Hummel Avenue, Southold, SCTM No. 1000-63-2-26 (Tabled on 9/21/2021) b) Resolution: To approve a One Year Extension for Paul Reinckens #7361SE (Accessory Apartment), 1065 Hummel Avenue, Southold, SCTM No. 1000-63-2-26 (Tabled on 9/21/2021) c. Resolution: to Grant an Extension for Andrew Fohrkolb, Appeal No. 7266, 1335 Fleetwood Road, Cutchogue, SCTM#1000-137-4-30. d. Resolution: to Grant an Extension for Alexander Wilmerding, Appeal No. 7259, Reservoir Road, Fishers Island, SCTM No. 1000-9-9-3.1.