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Home My WebLink AboutZBA-07/25/2024 Agenda SPECIAL MEETING AGENDA THURSDAY, JULY 25, 2024 3:30 PM The meetin_a will be held in the Southold Town Hall Annex Second Floor Conference Room located at 54375 Main Road, Southold, New York. The public will have access to view and listen to the meeting as it is happening via ZOOM WEBINAR. However, this meeting is not a public hearing and no testimony will be solicited or received. 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 and then enter Webinar ID: 852 2848 2902; Passcode: 256007 I. EXECUTIVE SESSION: 3:30 PM a) Attorney Advice II. WORK SESSION: To begin at 4:00 PM a) Requests from Board Members for future agenda items. b) Discuss Extensions, Amendments, and De Minimus requests. III. POSSIBLE RESOLUTION TO CLOSE/ADJOURN THE FOLLOWING HEARINGS: JONATHAN PRESSEAU #7920 — (Adjourned from July 11, 2024) Request for Variances from Article XXIII, Section 280-124; Article XXXVI, Section 280-207A(b); and the Building Inspector's February 14, 2024 Notice of Disapproval based on an application for a permit to construct additions and alterations to a single family dwelling and to legalize the "as built" addition and "as built" shed addition, at; 1) located less than the code required minimum side yard setback of 10 feet. 2) more than the code permitted maximum lot coverage of 20%; 3) gross floor area exceeding permitted maximum square footage for lot containing up to 20,000 square feet in area; located at: 2905 Stillwater Avenue (Adj. to East Creek), Cutchogue, NY. SCTM No. 1000- 136-2-4. JOSEPH A. GEBBIA AND TERESA M. DUNN #7902—(Adjourned from July 11, 2024) Request for Variances from Article II, Section 280-9A(1); Article III, Section 280-14; and the Building Zoning Board of Appeals—July 25, 2024 Special Meeting Agenda Page 2 Inspector's December 27, 2023, Amended January 12, 2024, Notice of Disapproval and requesting a reversal of the Building Inspector's Notice of Disapproval dated January 12, 2024; based on an application for lot recognition and to legalize a lot created prior to June 30, 1983 at; 1) lot does not conform to Bulk Schedule AA; 2) lot is less the code required minimum lot size of 80,000 square feet; 3) lot is less than the required lot depth of 250 feet; 4); located at 2146 Route 25 and 475 Condor Court, Laurel, NY. SCTM No. 1000-127-3-6.4 and 1000-127-3-6.5. IV. DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: LAURA LONDONO #7911 - Request for Variances from Article XXIII, Section 280-124; and the Building Inspector's January 26,2024 Notice of Disapproval based on an application fora permit to construct additions and alterations to existing single family dwelling and construct an accessory in-ground swimming pool; 1) construction located less than the code required minimum side yard setback of 10 feet; 2) more than the code permitted maximum lot coverage of 20%; located at: 435 Inlet Drive, Mattituck, NY. SCTM No. 1000-106-2-21. 2440 VILLAGE LANE, LLC. #7918: Request for Variances from Article XXIII, Section 280-124; Article XXXVI,Section 280-207; and Article XXXVI, Section 280-208; and the Building Inspector's March 7,2024, Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling; at; 1) less than the code required minimum front yard setback of 35 feet; 2) less than the code required minimum rear yard setback of 35 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 10,000 square feet in area; 5) the construction exceeds the permitted sky plane as defined in Article I, Section 280-4 of the Town Code; located at: 2440 Village Lane, (Adj. to Orient Harbor) Orient, NY. SCTM#1000- 26-1-17.1. VINCENT PELLY #7921 - Request for Variances from Article XXIII, Section 280-124; and the Building Inspector's January 30,2024 Notice of Disapproval based on an application fora permit to construct a breezeway and garage addition, deck alteration and on in-ground swimming pool with raised patio addition to an existing single family dwelling; 1) construction located less than the code required minimum rear yard setback of 35 feet; 2) more than the code permitted maximum lot coverage of 20%; located at: 3275 North Bayview Road, Southold, NY. SCTM No. 1000-71-1-39. STEVE AND FURTUNE MANDARO#7923 -Request for Variances from Article XXIII, Section 280- 124, and the Building Inspector's March 4, 2024 Notice of Disapproval based on an application for a permit to demolish (as per Town Code definition) and reconstruct a single family dwelling; 1) located less than the code required minimum front yard setback of 35 feet; 2) located less than the code required minimum side yard setback of 10 feet; located at: 2135 Bay Avenue, (Adj. to Marion Lake) East Marion. SCTM No. 1000-31-17-4. LAINE FILASKY # #7919 - Request for a Variance from Article XI, Section 280-49; and the Building Inspector's February 5,2024 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 front yard setback of 100 feet; located at: 1345 Old Main Road, Mattituck, NY. SCTM No. 1000-122-7-7.1. GEORGE DANGAS #7922 - Request for Variances from Article IV, Section 280-18; Article XXII, Section 280-116A(1); and the Building Inspector's December 11, 2023 Notice of Disapproval based on an application for a permit to construct a deck addition to an existing single family Zoning Board of Appeals—July 25, 2024 Special Meeting Agenda Page 3 dwelling and an in-ground swimming pool; 1) located less than the code required minimum combined side yard setback of 35 feet; 2) located less than the code required 100 feet from the top of the bluff; located at: 1900 Hyatt Road, (Adj. to Long Island Sound) Southold, NY. SCTM No. 1000-50-1-3. JAMES HUETTENMOSER#7884— Request for Variances from Article XXIII, Section 280-124; Article XXXVI, Section 280-207; and the Building Inspector's November 8,2023 Notice of Disapproval based on an application for a permit to demolish an existing single family dwelling and construct a new two- story single family dwelling; 1) located less than the code required minimum side yard setback of 10 feet; 2) more than the code permitted maximum lot coverage of 20%; 3) gross floor area exceeding the permitted maximum square footage for a lot containing up to 20,000 square feet in area; located at: 2235 Cedar Lane (Adj. to Spring Pond), East Marion, NY. SCTM No. 1000-37-4-7. ROLAND GRANT, PRESIDENT OF SQUEST, INC. #7847 - Request for Variances from Article XV, Section 280-62C; Article XV, Section 280-64B and 280-64C; and the Building Inspector's August 4, 2023, Amended October 17, 2023 Notice of Disapproval based on an application for a permit to demolish existing buildings and construct two public self-storage buildings (A & B), with building "A" creating an accessory apartment on the second floor and to maintain the existing 26.8 ft. by 37 ft. garage/storage building; at; 1) buildings `A and B' less than the code required minimum variable front yard setback of 70 feet; 2) buildings `A and B' less than the code required minimum rear yard setback of 70 feet; 3)buildings `A and B', located in the HALO Zone, more than the permitted 60 linear of frontage on one street; 4) building `A' proposing a non- permitted accessory apartment use; 5) garage/storage less than the code required minimum front yard setback of 100 feet; 6) garage/storage less than the code required minimum side yard setback of 20 feet; located at: 800 Horton Lane, Southold, NY. SCTM#1000-63-1-9. IV. RESOLUTIONS a) Resolution: To authorize advertising of hearings for Regular Meeting to be held on Thursday, August 1, 2024 which Work Session will begin at 9:00 A.M and Regular Meeting will commence at 10:00 A.M. b) Resolution: To approve minutes from the July 11, 2024 Regular Meeting. c) Resolution: To Grant a second One Year extension, to #7387, Hard Corner Properties, LLC, 53530 Main Road, Southold, NY SCTM No. 1000-61-4-1. Extension from August 6, 2024 to August 6, 2025. d) Resolution: #7254 and 7256, Edna and Michael Beirne — Extension as follows: WHEREAS, the Town of Southold Zoning Board of Appeals ("the Board") has received a written request for an extension of variance relief from#7254 and 7256, Edna and Michael Beirne dated April 15, 2019, 305 Faye Court, Mattituck, SCTM No. 1000-123-5-36.10 WHEREAS, the Board notes, and the applicant acknowledges, that the request for an extension has been made after the date on which the variance expired, and; WHEREAS, Section 280-146 (B) requires that a written request for an extension be made prior to the expiration of the variance, and; Zoning Board of Appeals—July 25, 2024 Special Meeting Agenda Page 4 WHEREAS, the applicant has requested that he/she not be required to reapply for the expired variance relief on various grounds, including but not limited to: the completion of the project, the recent expiration of the variance, and a delay caused by a shutdown of construction due to the COVID-19 pandemic, and; WHEREAS, the Board, pursuant to Section 280-146 (B) has the power to vary any regulation contained in Chapter 280 so that the spirit of the chapter is observed, public safety and welfare preserved and that substantial justice is done, including the requirement that a written request for an extension must be provided prior to expiration of the variance, and; WHEREAS, the Board has determined that based upon the factors set forth by the applicant as cited above, that in this instance it is necessary for the Board to vary the requirement that a written request for an extension be made prior to the expiration of a variance, therefore be it; RESOLVED, the Board with regard to the request for an extension of the variance granted in File No. #7254 and 7256, Edna and Michael Beirne dated April 15, 2019, 305 Faye Court, Mattituck, SCTM No. 1000-123-5-36.10, elects to vary the requirement that a written request must be made prior to the expiration of the variance, and be it further; RESOLVED, the Board hereby grants a sixty (60) day extension of the variance relief granted in File No. #7254 and 7256, Edna and Michael Beirne dated April 15, 2019, 305 Faye Court, Mattituck, SCTM No. 1000-123-5-36.10, from this date, to expire on April 25, 2025. e) Resolution: To Grant a One-Year extension to#7426, Paul and Susan Wachter, 2295 Bay Shore Road, Greenport, SCTM No. 1000-53-4-15. Extension from December 22, 2023 and to Expire on December 22, 2024. f) Resolution: To Amend Decision to correct description of subject parcel and to remove Condition No. 5, #7872, Rocky Bluff, LLC, 645 Rosenberg Road, East Marion, NY, SCTM No. 1000-21-1-26.1.