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Home My WebLink AboutZBA-11/21/2024 Agenda SPECIAL MEETING AGENDA THURSDAY, NOVEMBER 21, 2024 4:00 PM The meeting 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: 889 4310 4508; Passcode: 323199 I. EXECUTIVE SESSION: 4:00 PM a) Attorney Advice II. WORK SESSION: To begin at 5:00 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: 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, Greenport, NY. SCTM 1000-47-2-15.' 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 Zoning Board of Appeals—November 21, 2024 Special Meeting Agenda Page 2 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. 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, Greenport, NY. SCTM 1000-47-2-15. 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. IV. DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: PRISTINE PROJECTS, LLC #7943 —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. BUNGALOW 12, LLC/ELIZABETH MCCANCE #7938 — 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. Zoning Board of Appeals—November 21, 2024 Special Meeting Agenda Page 3 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. 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. 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. 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. 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. 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 two stories; 2) proposed habitable space is more than the code permitted two stories; 3) gross floor area exceeding permitted maximum square footage for lot containing up Zoning Board of Appeals—November 21, 2024 Special Meeting Agenda Page 4 to 80,000 square feet in area; located at: 2345 Main Road, Greenport, NY. SCTM No. 1000-35-1-27.2. V. RESOLUTIONS a) Resolution: To authorize advertising of hearings for Regular Meeting to be held on Thursday, December 5, 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 November 7, 2024 Regular Meeting. c) Resolution to GRANT a second extension to #7436, Alison Byers, 10075 Nassau Point Road, Cutchogue, NY. SCTM No. 1000-119-1-13.1. One year extension to expire on November 19, 2025. d) Resolution to GRANT an extension to #7578, Rama B. Rao and Eleanor L. Thomas, 1725 King Street, Orient, NY. SCTM No. 1000-26-2-43.4. One year extension to expire January 22, 2026. e) Resolution to GRANT an extension to #7533, Alan Braverman, 2700 Vanston Road, Cutchogue, NY. SCTM No. 1000-111-5-4. One year extension to expire September 16, 2025 f) Resolution to GRANT an extension to #7046SE ZBA#7046SE, The Enclaves Hotel, LLC, 56655 Main Street, Southold, NY. SCTM No. 1000-63-3-15. One year extension to expire on December 2, 2025.