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HomeMy WebLinkAboutZBA-11/07/2024 Agenda REGULAR MEETING AGENDA THURSDAY, NOVEMBER 7, 2024 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 Webs ite, hit,p:// .sou-t l t in,inye,g2 , and Click the Link to "Join Meeting". Or if you choose to Join by Telephone, Dial: 1-646 558 8656; Enter Webinar ID: 814 6881 5457; Passcode: 254731 You are invited to a Zoom webinar. Call to Order by Chairperson. I. EXECUTIVE SESSION: Begin at 9:00 AM A. Attorney Advice II. WORK SESSION: Begin at 10:00 AM A. Requests from Board Members for future agenda items. B. 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: Greg Sfoglia #7955 Stephen Haratunian and Arda Haratunian #7956 Domeluca, LLC #7957 November 7, 2024 Zoning Board of Appeals Regular Meeting Agenda Page 2 Alyse Ticker#7959 Lynn A. Cataldo Revocable Trust #7958 Noblehouse Seaport, LLC #7961 B. SEQRA STATEMENT- Roman Catholic Church of Sacred Heart#7960SE To construct a parish center, upon property located at 14300 NYS Route 25, Mattituck, SEQRA Action Classification and Significance to be determined and declared by the Planning Board, as Lead Agency. IV. POSSIBLE RESOLUTION TO CLOSE/ADJOURN THE FOLLOWING HEARINGS: PRISTINE PROJECTS, LLC #7943 - (Adjourned from October 17, 2024) Request for a Waiver of Merger petition under Article II, Section 280-10A, to unmerge land identified as SCTM No. 1000-63- 1-5 which has merged with SCTM No. 1000-63-1-4, based on the Building Inspector's May 13, 2024 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, 155 Sunnyside Road, Southold, NY. SCTM Nos.1000-63-1-4 and 1000-63-1-5. V. DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: OREGON ROAD ESTATES VINEYARD, LLC/RUSSELL HEARN #7941 -(Tabled on October 3, 2024) Request for a Variance from Building Inspector's April 29, 2024, Notice of Disapproval based on an application for a permit to construct alterations to an existing building for office and wine tasting area; 1) to allow the expansion of the tasting room pursuant Zoning Board of Appeals decision #6469 Condition #1, which states that no further expansion of the tasting room, as applied for is allowed without further review; located at: 13050 Oregon Road, Cutchogue, NY. SCTM No. 1000- 83-3-2.1. VI. 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. - NORTH ROAD HOTEL, LLC, HOTEL MORAINE #7927SE - Request for a Special Exception pursuant to Article VII, Section 280-35B(4) and the Building Inspector's January 24, 2024 Notice of Disapproval based on an application for a permit to construct a new motel building (10 units) and to build an addition to an existing motel building (4 units) upon a parcel that measures 3.251 acres in total area, at; located at 62005 County Road 48, (Adj. to Long Island Sound) Greenport, NY. SCTM 1000-40-1-1. 10:00 A.M. - NORTH ROAD HOTEL, LLC/MOTEL MORAINE #7953 - Request for a Variance from Article VII, Section 280-35B(4)(a) and the Building Inspector's January 24, 2024, Notice of Disapproval based on an application for a permit to construct a new motel building (10 units) and to build an addition to an existing motel building (4 additional units) at; 1) parcel is less than the November 7, 2024 Zoning Board of Appeals Regular Meeting Agenda Page 3 code required minimum size of five (5) acres; at: 62005 County Road 48,( Adj. to the Long Island Sound) Greenport, NY. SCTM No. 1000-40-1-1. 10:20 A.M. - BUNGALOW 12, LLC/ELIZABETH MCCANCE #7938 — (Adjourned from September 5, 2024) Request for Variances from Article XII,Section 280-18;Article XXXVI,Section 280-207;Article XXIII, Section 280-124 and the Building Inspector's April 4, 2024, amended September 26, 2024, Notice of Disapproval based on an application for a permit to construct a new two story single family dwelling with a screened porch, terrace, covered porches and decks; 1) located less than the code required minimum secondary front yard setback of 25 feet; 2) located less than the code required minimum rear yard setback of 50 feet; 3) gross floor area exceeding permitted maximum square footage for lot containing up to 30,000 square feet in area; 4) more than the code permitted maximum two stories; located at: 358 Ark Hill, Fishers Island, NY. SCTM No. 1000-9-1-4. 10:30 A.M. -GREG SFOGLIA#7955—Request for a Variance from Article III, Section 280-14 and the Building Inspector's June 3, 2024 Notice of Disapproval based on an application for a permit to legalize and construct alterations to a habitable third story of an existing single family dwelling; at; 1) more than code permitted number of stories of two and a half; located at: 3480 Old Jule Lane, (Adj. to James Creek), Mattituck, NY. SCTM No. 1000-122-4-21. 10:40 A.M. - STEPHEN HARATUNIAN AND ARDA HARATUNIAN #7956 — Request for Variances from Article III, Section 280-15; Article XXII, Section 280-116A(1); and the Building Inspector's May 22,2024 Notice of Disapproval based on an application for a permit to construct a trellis accessory to a single family dwelling; at; 1) located less than the code required 100 feet from the top of the bluff; 2) less than the code required minimum side yard setback of 20 feet; located at: 1205 Soundview Avenue Extension, (Adj. to Long Island Sound), Southold, NY. SCTM No. 1000-50-2-13. 10:50 A.M. - DOMELUCA, LLC #7957 — Request for a Variance from Article III, Section 280-15 and the Building Inspector's May 17, 2024 Notice of Disapproval based on an application for a permit to amend a currently open permit for a new dwelling to include an attached shade trellis; at; 1) less than the code required minimum side yard setback of 20 feet; located at: 14895 Main Road, (Adj. to Dam Pond), East Marion, NY. SCTM No. 1000-23-1-2.10. 11:00 A.M. - ALYSE TICKER #7959 — Request for Variances from Article XXIII, Section 280-124; Article XXXVI, Section 280-207; and the Building Inspector's July 10, 2024 Notice of Disapproval based on an application for a permit to demolish, per Town definition, and reconstruct a single family dwelling; at; 1) less than the code required minimum front yard setback of 35 feet; 2) less than the code required minimum combined side yard setback of 25 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: 1685 Westview Drive, (Adj. to Mattituck Creek) Mattituck, NY. SCTM No. 1000-107-7-8. 1:00 P.M. - LYNN A. CATALDO REVOCABLE TRUST#7958— Request a Variance from Article XXIII, Section 280-123 and requesting a Reversal of the Building Inspector's July 22, 2024 Notice of Disapproval, based on an application for a permit to legalize "as-built" additions and alterations to an existing accessory building; 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: 9490 Main Road, East Marion, NY. SCTM No. 1000-31-10- 2. November 7, 2024 Zoning Board of Appeals Regular Meeting Agenda Page 4 1:10 P.M. - ROMAN CATHOLIC CHURCH OF SACRED HEART#7960SE— Request for a Special Exception pursuant to Article III, Section 280-13B(2) and the Building Inspector's July 10, 2024 Notice of Disapproval based on an application for a permit to construct a parish center, upon property located at 14300 NYS Route 25, Mattituck, NY. SCTM No. 1000-114-11-1 1:20 P.M. - NOBLEHOUSE SEAPORT, LLC #7961 — Request for Variances from Article III, Section 280-14; Article XXXVI, Section 280-207; and the Building Inspector's July 23, 2024 Notice of Disapproval based on an application for a permit to legalize an "as-built" habitable third story and create additional habitable third story space to an existing single family dwelling; at: 1) as built habitable space is more than the code permitted number of stories of two and a half; 2) proposed habitable space is more than the code permitted number of stories of two and a half; 3) gross floor area exceeding permitted maximum square footage for lot containing up to 80,000 square feet in area; located at: 2345 Main Road, Greenport, NY. SCTM No. 1000-35-1-27.2. 1:30 P.M. - SILVER SANDS HOLDINGS I, LLC. #7893SE— (Adj. from October 3, 2024) Request for a Special Exception pursuant to Article VII, Section 280-35(B)(6), applicant requests; (1) to convert an existing accessory boathouse to a freestanding restaurant with office and storage space, for restaurant operations; and (2) permission for an accessory seasonal outdoor barbeque/ bar area; located at 1135 Silvermere Road, Southold, NY. SCTM 1000-47-2-15.' 1:30 P.M. - SILVER SANDS HOLDINGS I, LLC. #7894 — (Adj. from October 3, 2024) Request for a Variance from Article VII, Section 280-36; and the Building Inspector's January 10, 2024 Notice of Disapproval based on an application for a permit to construct a free standing restaurant with office and storage space for restaurant operations; 1) located less than the code required minimum side yard setback of 15 feet; located at: 1135 Shore Drive/1135 Silvermere Road, Greenport, NY. SCTM No. 1000-47-2-15. 1:30 P.M. - SILVER SANDS HOLDINGS I, LLC. #7914SE— (Adj. from October 3, 2024) Request for special exception pursuant to Article VII, Section 280-35B(6) and Article VII, Section 280-35C(1); applicant requests; 1) to convert an existing single family dwelling (30'4" by 26'4") to a commercial kitchen to be utilized in conjunction with converted restaurant on the same lot (Lot 15), and; 2) upon conversion, said commercial kitchen will be accessory to the principle use of the converted restaurant; located at 1135 Silvermere Road, Southold, NY. SCTM 1000-47-2-15. 1:30 P.M. - SILVER SANDS HOLDINGS I, LLC #7897— (Adj. from October 3, 2024) Request for an Interpretation pursuant to Chapter 280-146(D) of the Town Code, and the Building Inspector's November 16, 2023 Certificate of Occupancy based on alterations (diner and bar areas for motel guests only) to an existing motel building, to wit: 1) whether the newly issued Certificate of Occupancy issued under Section 280-35C inappropriately limits the use of the diner and hotel bar areas to "motel guests only"; and 2)whether the use allowed in original Certificate of Occupancy, No. 142, dated May 28, 1959 remains as a permitted use; parcel located at: 1400 Silvermere Road (Adj. to Pipe's Cove) Greenport, NY. SCTM No. 1000-47-2-11. VI. RESOLUTIONS: A. Resolution for next Regular Meeting with Public Hearings to be held Thursday, December 5, 2024 at 9:00 AM. B. Resolution to approve Minutes from Special Meeting held October 17, 2024. November 7, 2024 Zoning Board of Appeals Regular Meeting Agenda Page 5 C. Resolution to GRANT an extension to #7557, Levent Timiz, 57305 County Road 48, Greenport, NY. SCTM No. 1000-44-2-3. One year extension to expire on November 21, 2025. D. Resolution to approve a design change for a proposed Artist Studio/Watch Tower, reverse ZBA decision letter of October 21, 2021. Appeal No. 7827, QJSG, 38015 Route 25, Orient, STM No. 1000-15-2-15.7. E. Resolution to Amend decision to remove Condition No. 1, and allow Electricity for Lighting in a Gazebo and further approve a design change expanding the size of the Gazebo in #7825 Janet van Adelsberg, 4297 Wells Road, Peconic, SCTM No. 1000-86-1-9.5.