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Home My WebLink AboutZBA-02/07/2019 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson � F so 53095 Main Road•P.O.Box 1179 ®� ®!® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor Robert Lennert,Jr. i5k, ® �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®��.c®U Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 MINUTES REGULAR MEETING THURSDAY, FEBRUARY 7, 2019 A Regular Meeting of the SOUTHOLD TOWN ZONING BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold,New York 11971-0959, on Thursday February 7, 2019 commencing at 8:30 A.M. Present were: Leslie Kanes Weisman, Chairperson Eric Dantes, Vice Chair Nicholas Planamento Robert Lehnert William Duffy, Town Attorney Kim Fuentes, ZBA Secretary Michael Domino—President of the Southold Town Board of Trustees 8:30 A.M. Chairperson Weisman called the meeting to order. EXECUTIVE SESSION: 8:30 A.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento to enter into Executive Session. Vote of the Board: Ayes: Members Weisman, Planamento and Lehnert. This Resolution was duly adopted (3-0). 9:04 A.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes to exit Executive Session. Vote of the Board: Ayes: Members Weisman, Planamento and Lehnert. This Resolution was duly adopted(3-0). Page 2—MINUTES Regular Meeting held February 7, 2019 Southold Town Zoning Board of Appeals WORK SESSION: BOARD TRAINING: Presentation by Corey Humphrey of Suffolk County Soil and Water Conservation District. 9:40 A.M. Chairperson Weisman called the public hearing to order with the Pledge of Allegiance. Motion was offered by Chairperson Weisman seconded by Member Acampora, to open the public hearings section of the meeting. Vote of the Board: Ayes: All. This Resolution was duly adgpted 5-0 . STATE ENVIRONMENTAL QUALITY REVIEWS; BOARD RESOLUTION: Motion was offered by Chairperson Weisman seconded by Member Planamento, to declare the following applications as Type II Actions and not subject to environmental review pursuant to State Environmental Quality Review (SEQR) 6 NYCRR, Part 617.5 (c) (3), with No Adverse Effect for the following projects as applied: A. Type II Actions (No further steps- setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests): Thomas and Roberta Magg 47236SE Jack and Barbara Stavridis #7238 S 3 S LLC, Martin Kosmynka#7239 Steven Crom#7241 Renee Poncet and Stephen Fitzpatrick/CGC Bayberry, LLC (CV) #7242 Katie Nickolaus, Alexandra Nickolas Carnicom and Jamie Nickolaus#7241 Vanston Bear, LLC #7243 Southold Sunsets, LLC #7103 8100 Hortons Lane, LLC #7214 MGH Enterprises, Inc./T-Mobile#7274 Vote of the Board: All. This resolution was duly adopted (4-0). B. SEQR DETERMINATION: Pursuant to Part 617 (State Environmental Quality Review Act) of the Environmental Law, the Planning Board, as the Lead Agency, classified the Site Plan for First Universalist Church, requiring a Special Exception Permit, #7123 SE, from the Zoning Board of Appeals, to be a Type 1 Action, has conducted coordinated review, determined non- significance for the proposed action, and Granted a Negative Declaration. Vote of the Board: All. This resolution was duly adopted (4-0) C. SEQR DETERMINATION: Pursuant to Part 617 (State Environmental Quality Review Act) of the Environmental Law, the Planning Board, as the Lead Agency, classified the Site Plan for Page 3—MINUTES Regular Meeting held February 7, 2019 Southold Town Zoning Board of Appeals Hound Lane, LLC, requiring Area Variances #7237 from the Zoning Board of Appeals, to be an Unlisted Action. Vote of the Board: All. This resolution was duly adopted (4-0). POSSIBLE RESOLUTION TO CLOSE THE FOLLOWING HEARINGS: HARVEST INN— DAROLYN AND CHRISTOPHER AUGUSTA #7257SE— (Adj. from January 17, 2019) Applicants request a Special Exception under Article III Section 280-13B(14). The Applicants are the owners requesting authorization to establish an Accessory Bed and Breakfast, accessory and incidental to the residential occupancy in this single-family dwelling, with five (5) bedrooms for lodging and serving of breakfast to the B&B casual, transient roomers; located at 40300 Main Road, Peconic, NY. SCTM No. 1000-86-4-1.4. BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Planamento to Close the hearing. Vote of the Board: Ayes: Members Weisman, Dantes, Planamento, and Lehnert. This Resolution was duly adopted-, (4-0). (Member Acampora was absent) HARVEST INN — CRISTINA ILLA (CONTRACT VENDEE) #7258SE - (Adj. from January 17, 2019) Applicant requests a Special Exception under Article III Section 280-13B(14). The Applicants is the contract vendee requesting authorization to establish an Accessory Bed and Breakfast, accessory and incidental to the residential occupancy in this single-family dwelling, with five (5) bedrooms for lodging and serving of breakfast to the B&B casual, transient roomers,- located oomers;located at 40300 Main Road, Peconic, NY. SCTM No. 1000-86-4-1.4. BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Lehnert to Close the hearing. Vote of the Board: Ayes: Members Weisman, Dantes, Planamento, and Lehnert This Resolution was duly adopted; (4-0). (Member Acampora was absent) DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: The Board continued with agenda items, and commenced deliberations on the following application. The original determinations of each of the following applications as decided are filed with the Southold Town Clerk: RELIEF DENIED HARVEST INN—DAROLYN AND CHRISTOPHER AUGUSTA#7257SE Vote of the Board: Ayes: Members Weisman, Dantes, Planamento, and Lehnert This Resolution was duly adopted (4-0). (Member Acampora was absent) Page 4—MINUTES Regular Meeting held February 7, 2019 Southold Town Zoning Board of Appeals RELIEF DENIED AS APPLIED, GRANTED ALTERNATIVE RELIEF HARVEST INN—CRISTINA ILLA (CONTRACT VENDEE) #72585E - Vote of the Board: Ayes: Members Weisman, Dantes, Planamento, and Lehnert This Resolution was duly adopted (4-0). Member Acampora was absent) PUBLIC HEARINGS: 10:20 A.M. - MGH ENTERPRISES INC/T-MOBILE #7274 — By David Kenny and AJ DeSantis, Representatives. Request for a Variance under Article XIII, Section 280-56; and the based on an application for a permit to collocate a wireless communications facility on subject property at: 1) less than the code required minimum side yard setback of 25 feet; located, at: 40200 NYS Route 25, (Adj. to Gardeners Bay) Orient,NY. SCTM# 1000-15-9-8.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to Close the Hearing, Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 10:30 A.M. - THOMAS AND ROBERTA MAGG #72365E — By Thomas Magg, owner. Request for a Special Exception under Article III, Section 280-13B(13). The Applicants are the owners of subject property requesting authorization to create an Accessory Apartment in an existing accessory structure, at: 7020 Peconic Bay Boulevard, (Adj. to Great Peconic Bay) Laurel, NY. SCTM#1000- 126-11-6. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Dantes to Close the Hearing, Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted 4-0). 10:45 A.M. - HOUND LANE, LLC, FISHERS ISLAND #7237 — By Stephen Ham, Representative. Request for Variances under Article XI, Section 280-49 and Section 280-50; and the Building Inspector's August 10, 2018, Amended August 22, 2018 Notice of Disapproval based on an application for a permit to alter an existing building into a restaurant on the first floor and to construct a second story addition for two apartment units; at: 1) the second story addition shall have less than the code required minimum front yard setback of 100 feet; 2) the second story addition shall have more than the required minimum 60 linear feet of frontage on one street; 3) landscaping area measuring less than the required 35% of subject lot, located at: Hound Lane, Fishers Island, NY. SCTM#1000-12-1-7.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to Close the Hearing, Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 4 Page 5—MINUTES Regular Meeting held February 7, 2019 Southold Town Zoning Board of Appeals 11:00 A.M. - JACK AND BARBARA STAVRIDIS #7238 — By Charles Brudi, Representative. Request for a Variance under Article XXIII, Section 280-124 and the Building Inspector's July 25, 2017 Notice of Disapproval based on an application for a permit to legalize "as built" additions and alterations to an existing single family dwelling; at: 1) less than the code required minimum rear yard setback of 35 feet, located at: 170 Ruth Road, Mattituck, NY. SCTM#1000-106-5-35. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to Close the Hearing, Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 11:07 A.M. Motion was offered by Chairperson Weisman, seconded by Member Lehnert to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted(4-0). 11:12 A.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes to reconvene the public hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted 4-0 . 11:15 A.M. - S3S LLC, MARTIN KOSMYNKA #7239 — By Martin Kosmynka, Owner and Abigail Wickham, Representative. Opposition by Jonathan Brown, Attorney. Request for Variances under Article XV, Section 280-64 A & C, and Section 280-50; and the Building Inspector's May 25, 2018, Amended August 10, 2018 and October 16, 2018 Notice of Disapproval based on an application for a permit to construct buildings for a self-storage business; at: 1) two buildings having less than the code required minimum front yard setback of 100 feet from a right of way, located at: 65 Commerce Drive, Cutchogue, NY. SCTM#1000-96-1-1.3. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to Adjourn to the February 21, 2019 Special Meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 11:52 A.M. - STEVEN CROM 97240 — By Edward Lucas, Representative. Request for Variances under Article XXIII, Section 280-124 and the Building Inspector's August 17, 2018, Amended September 18, 2018 Notice of Disapproval based on an application for a permit to make additions and alterations to an existing single family dwelling 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%; located at: 1980 Sigsbee Road, Mattituck, NY. SCTM#1000-144-1-15. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to Close the Hearing, Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Page 6—MINUTES Regular Meeting held February 7, 2019 Southold Town Zoning Board of Appeals 12:04 P.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes to break for lunch. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 1:04 P.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes to reconvene the public hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 1:05 P.M. RENEE PONCET AND STEPHEN FITZPATRICK/CGC BAYBERRY, LLC (CV) #7242 By Frank Yakaboski, Representative. Request for Variances under Article IV, Section 280- 18; and the Building Inspector's August 28, 2018, Notice of Disapproval based on a determination for lot recognition, at; 1) at less than the code required minimum lot size of 40,000 sq. ft., 2) less than the code required minimum lot width of 150 feet, located at: 702 Wiggins Lane, (Adj. to Gull Pond Inlet) Greenport,NY. SCTM#1000-35-4-28.36. 1:10 P.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento to enter into Executive Session in order to receive Attorney Advice. Vote of the Board: Ayes: Members Weisman, Dantes, Planamento and Lehnert. This Resolution was duly adopted (4-0). 1:20 P.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes to exit Executive Session. Vote of the Board: Ayes: Members Weisman, Dantes, Planamento and Lehnert. This Resolution was duly adopted (4-0). Attorney Advice BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento to Close the Hearing, Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 1:21 P.M. - KATIE NICKOLAUS, ALEXANDRA NICKOLAS CARNICOM AND JAMIE NICKOLAUS #7241 —By Robert Herrmann, Representative. Not Opposed by Edward Booth and Margo Booth. Request for a Variance under Article III, Section 280-15 and the Building Inspector's August 20, 2018 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool at: 1) located in other than the code required rear yard; located at: 17555 Soundview Avenue, (Adj. to Long Island Sound) Southold,NY. SCTM#1000-51- 1-2. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Dantes to Close the Hearing, Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 1:20 P.M. - FIRST UNIVERSALIST CHURCH #71235E — By Patricia Moore and Peter Maron, Representatives. Request for Special Exception pursuant to Article III, Section 280-13 B(1) and Article VIII, Section 280-38 B (1), the applicant is requesting permission to construct a new house of worship building upon a parcel with an existing single family dwelling and a parish house, Page 7—MINUTES Regular Meeting held February 7, 2019 Southold Town Zoning Board of Appeals located at:. 51970 Route 25, Southold, NY SCTM No. 1000-63-6-6.1 & 1000-63-6-6.2. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento to Close the Hearing, Reserve Decision. Vote of the Board: Ayes: All. This Resolution was'duly adopted (4-0). 1:40 P.M. - VANSTON BEAR, LLC #7243 — By Robert Herrmann and David Erickson, Representatives, and Andrew Beck, Owner. Supported by Patricia Harrison and Melissa Billing. Request for Variances under Article XXII, Section 280-116A; Article XXIII; Section 280-123A; and the Building Inspector's September 20, 2018, Amended October 5, 2018 Notice of Disapproval based on an application for a permit to demolish an existing single family dwelling and build a new single family dwelling, construct an accessory garage/barn, construct an accessory in-ground swimming pool, and make alterations to an existing "carriage house"; at: 1) single family dwelling located less than the code required 100 feet from the top of the bluff; 2) the existing nonconforming accessory carriage house which contains a nonconforming use cannot be structurally altered or moved, unless such building is changed to a conforming use; located at: 5250 Vanston Road, (Adj. to Cutchogue Harbor) Cutchogue, NY. SCTM#1000-111-10-14. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Dantes to Adjourn to the February 21, 2019 Special Meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 2:39 P.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 2:48 P.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes to reconvene the public hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 2:48 P.M. - SOUTHOLD SUNSETS, LLC #7103 — By Michael Kimack, Representative. Not Opposed by John Katrmados and Dominic Mavellia. Request for a Variance under Article XXIII, Section 280-124 and the Building Inspector's July 31, 2017 amended October 10, 2017 Notice of Disapproval based on an application for a permit to demolish an existing dwelling and construct a new single family dwelling; at: 1) less than the code required minimum front yard setback of 35 feet, located at: 4200 Kenneys Road (Adj. to Long Island Sound), Southold, NY. SCTM41000-54- 4-3. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Dantes to Close the Hearing, Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 3:02 P.M. - 8100 HORTONS LANE, LLC #7214 — By Michael Kimack and Meryl Kramer, Representatives. Request for a Variance from Article I1I, Section 280-13 and the Building Inspector's July 5, 2018 Notice of Disapproval based on an application for a building permit to demolish an existing single family dwelling and construct a new single family dwelling, at; 1) more than the code required maximum allowed two and one-half(2-1/2) stories; located at: 8100 Hortons Page 8—MINUTES Regular Meeting held February 7, 2019 Southold Town Zoning Board of Appeals Lane, (Adj. to Long Island Sound), Southold, NY. SCTM No. 1000 54-4-31. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Dantes to Close the Hearing, Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). RESOLUTION ADOPTED: Motion was offered by Chairperson, Weisman, seconded by Member Planamento to set the next Regular Meeting with Public Hearings to be held March 14, 2019 at 8:30 AM. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Member Acampora was absent) RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Planamento to approve Minutes from Special Meeting held January 17, 2019. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0).(Member Acampora was absent) RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Lehnert to approve Second Extension request of Theodore C. Martz, Jr., ZBA No. 6844, for a period of eight months beginning April 2, 2019 and ending December 2, 2019. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Member Acampora was absent) There being no other business properly coming before the Board at this time,the Chairperson declared the meeting adjourned. The meeting was adjourned at 3:25 P.M. Respectfully s bmi ed, .tel Kim E. Fuentes,,,2— 621 /2019 Inclu ed b Ref rence: Fi ed ZBA Decisions (2) RECEIVER Leslie Kanes Weisma , Chairperson /2 /2019 Approved for Filing Resolution Adopted 1 pP g P FEB 2 5 ZO S®u hold Town Clerk