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Home My WebLink AboutZBA-03/01/2018 Agenda AGENDA THURSDAY, MARCH 1, 2018 REGULAR MEETING 8:30 A.M. Place of Meeting: Southold Town Meeting Hall, 53095 Main Road, Southold Call to Order by Chairperson Leslie Kanes Weisman. Pledge of Allegiance. IEXECUTIVE SESSION . : A. Attorney advice IIWORK SESSION . : 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) (3) , including the following: Seven Cats Investment, LLC SV Greenport LLC (The Soundview) #7137 Stephanie L. Teicher #7138 1505 Birdseye Road, LLC, 7140 Monay Bell and James Brennan (Bryan Nicholson, as Contract Vendee) #7139 Joanna Dixon Reisman #7141 Joseph Richburg #7142 Kevin Whitrock #7143 Elizabeth Branch and David Branch #7144 Lejon Enterprises, Inc., L. Hoeffner, Contract Vendee #7145 Page 2 – Regular Meeting of March 1, 2018 Southold Town Zoning Board of Appeals IV. POSSIBLE RESOLUTION TO CLOSE THE FOLLOWING HEARINGS: SHAWN FITZGERALD/FITZGERALD S P REV. LIV. TRUST #7115 (Adjourn from January 18, 2018 – Request for a Variance from Article XXII Section 280-105C and the Building Inspector’s July 27, 2017 Notice of Disapproval based on an application for building permit to construct an eight (8) foot deer fence, at; 1) more than the code required maximum four (4) feet in height when located in the front yard, located at: 495 Paddock Way, Mattituck, NY. SCTM#1000-107-4-2.10. KEVIN FOOTE #7127 – (Adj. from February 15, 2018)Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector’s October 6, 2017 Notice of Disapproval based on an application for a building permit for additions and alterations to an existing single family dwelling, construction of an accessory garage, and construction of an accessory swimming pool; 1) additions and alterations to a single family dwelling located less than the code required minimum front yard setback of 35 feet, 2) additions and alterations to a single family dwelling located less than the code required minimum rear yard setback of 35 feet, 3) proposed accessory garage located in other than the code required rear yard, 4) proposed accessory swimming pool located in other than the code required rear yard; located at: 780 Champlin Place, Greenport, NY. SCTM#1000-34.-3-36.1. V.DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: RICHARD J. MCBRIDE #7126 Request for Variances from Article II Section 280-9A(1) – and the Building Inspector’s September 29, 2017 Notice of Disapproval based on a permit to legalize lot recognition, at; 1) at less than the code required minimum lot size of 20,000 sq. ft., 2) at less than the code required minimum lot width of 300 feet; located at: 11750 Oregon Road, Cutchogue, NY. SCTM#1000-83-3-5.2. KEVIN FOOTE #7127 – (Adj. from February 15, 2018)Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector’s October 6, 2017 Notice of Disapproval based on an application for a building permit for additions and alterations to an existing single family dwelling, construction of an accessory garage, and construction of an accessory swimming pool; 1) additions and alterations to a single family dwelling located less than the code required minimum front yard setback of 35 feet, 2) additions and alterations to a single family dwelling located less than the code required minimum rear yard setback of 35 feet, 3) proposed accessory garage located in other than the code required rear yard, 4) proposed accessory swimming pool located in other than the code required rear yard; located at: 780 Champlin Place, Greenport, NY. SCTM#1000-34.-3-36.1. RENE MENDEZ AND LESLIE HENSHAW #7132 (Tabled on February 15, 2018 – ) Request for Variances from Article III, Section 280-13C; Article XXII, Section 280-105C; and the Building Inspector’s October 12, 2017, Notice of Disapproval based on an application for a building permit to construct an accessory building and to legalize an “as built” six feet high deer fence in the front yard, at; 1) the proposed accessory structure (private residential fitness building with basement) is not a permitted use, 2) fence more than the code required maximum four (4) feet in height when located in the front yard; located at: 3945 Soundview Avenue, (Adj. to the Long Island Sound) Page 3 – Regular Meeting of March 1, 2018 Southold Town Zoning Board of Appeals Peconic, NY. SCTM#1000 68.-1-15.1. 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. 9:30 A.M. - SEVEN CATS INVESTMENT, LLC #7136 Request for Variances from – Article XXIII, Section 280-124 and the Building Inspector’s November 8, 2017, Notice of Disapproval based on an application for a building permit to legalize an “as-built” deck addition attached to a pre-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 side yard setback of 10 feet; located at: 145 Dickerson Street, Peconic, NY. SCTM#1000 67-3-11. 9:45 A.M. - SV GREENPORT LLC, (SOUNDVIEW) #7137 Request for a Variance from – Article XIX, Section 280-85 J (4) and the Building Inspector’s October 3, 2017, Notice of Disapproval based on an application for a building permit to install a wall sign; at; 1) more than the code required maximum number of wall signs allowed on subject premises; located at: 58775 County Route 48, (Adj. to Long Island Sound) Greenport, NY. SCTM#1000 44-2-20. 10:00 A.M. - STEPHANIE L. TEICHER #7138 Request for Variances from Article XXII, – Section 280-116 A(1); Article XXIII, Section 280-124; and the Building Inspector’s November 15, 2017, amended November 20, 2017 Notice of Disapproval based on an application for a building permit to legalize “as-built” additions to an existing 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 rear yard setback of 50 feet; located at: 6825 Nassau Point Road, (Adj. to Little Peconic Bay) Cutchogue, NY. SCTM#1000 111.-15-8.2. 10:15 A.M. - 1505 BIRDSEYE ROAD, LLC, 7140 Request for Variances from Article IV, – Section 280-18; Article XXII, Section 280-105; Article XXII, Section 280-116; and the Building Inspector’s November 17 2017, Amended November 22, 2017 Notice of Disapproval based on an application for a building permit to construct a new single family dwelling and to erect deer fence at a height of 8 feet at; 1) proposed single family dwelling located less than the code required minimum front yard setback of 50 feet; 2) proposed dwelling located less than the code required 100 feet from the top of the bluff; 3) proposed deer fence more than the code required maximum four (4) feet in height when located in the front yard, located at: 1505 Birdseye Road, (Adj. to the Long Island Sound) Orient, NY. SCTM#1000 17-1-4. 10:30 A.M. - MONAY BELL AND JAMES BRENNAN (BRYAN NICHOLSON, AS CONTRACT VENDEE) #7139 Request for a Waiver of Merger petition under Article – II, Section 280-10A, to unmerge land identified as SCTM No. 1000-48-2-23 which has merged with SCTM No. 1000-48-2-22.1 based on the Building Inspector’s October 4, 2017 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 Page 4 – Regular Meeting of March 1, 2018 Southold Town Zoning Board of Appeals sq. ft. in the R-40 Residential Zoning District); located, at 360 Flint Street, Greenport, NY. SCTM Nos.1000-48-2-22.1 and 1000-48-2-23. 11:00 A.M. - JOANNA DIXON REISMAN #7141 Request for a Variance from Article – XXIII, Section 280-124 and the Building Inspector’s November 22, 2017, Notice of Disapproval based on an application for a building permit to construct additions and alterations to an existing single family dwelling; at; 1) less than the code required minimum front yard setback of 40 feet; located at: 2360 North Sea Drive, Southold NY. SCTM#1000 54-5-1. 11:15 A.M. - JOSEPH RICHBURG #7142 Request for a Variance from Article XXIII, – Section 280-124 and the Building Inspector’s November 1, 2017, Notice of Disapproval based on an application for a building permit to construct a deck addition to an existing single family dwelling; at; 1) less than the code required minimum side yard setback of 10 feet; located at: 675 Sunset Lane, Greenport, NY. SCTM#1000 33-4-55. 11:30 A.M. - KEVIN WHITROCK #7143 Request for Variances from Article III, Section – 280-15B and 280-15F, Article XXIII, Section 280-124; and the Building Inspector’s September 6, 2017, Amended October 31, 2017 Notice of Disapproval based on an application for a building permit to demolish an existing single family dwelling, construct a new single family dwelling and a new accessory garage; at; 1) proposed dwelling located less than the code required minimum rear yard setback of 50 feet; 2) proposed dwelling located less than the code required minimum side yard setback of 15 feet; 3) proposed dwelling located less than the code required minimum total side yard setback of 20 feet; 4) proposed accessory garage located less than the code required minimum (2) side yard setback(s) of 15 feet; at: 580 Terry Path, Mattituck, (Adj. to Great Peconic Bay), Mattituck, NY. SCTM#1000-123-6-20. 1:00 P.M. - ELIZABETH BRANCH AND DAVID BRANCH #7144 Request for a Variance – from Article XXIII, Section 280-123A and the Building Inspector’s October 25, 2017, Notice of Disapproval based on an application for a building permit to construct additions and alterations to an existing accessory guest cottage; at; 1) the accessory guest cottage is not a permitted accessory use, at: 5160 Indian Neck Lane (Adj. to Hog Neck Bay, Little Peconic Bay), Peconic, NY. SCTM#1000-98-4-23. 1:15 P.M. - LEJON ENTERPRISES, INC, L. HOEFFNER, CONTRACT VENDEE #7145 – Request for a Waiver of Merger petition under Article II, Section 280-10A, to unmerge land identified as SCTM No. 1000-139-3-49, which has merged with SCTM No. 1000- 139-3-50, based on the Building Inspector’s November 28, 2017 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, at 6125 County Route 48, Mattituck, NY. SCTM Nos.1000-139- 3-49 and 1000-139-3-50. Page 5 – Regular Meeting of March 1, 2018 Southold Town Zoning Board of Appeals VII. RESOLUTIONS: A. Reminder Confirmation: Organizational and Special Meeting Date for March 15, 2018, Beginning at 2:30 p.m. B. Reminder Confirmation: Scoping Hearing for the Draft Environmental Impact Statement of the Special Exception Application of the Enclaves Hotel and Restaurant to be conducted on March 15, 2018 at 5:30 p.m. C. Resolution for next Regular Meeting with Public Hearings to be held April 5, 2018 at 8:30 AM. D. Resolution to approve Minutes from Special Meeting held February 15, 2018.