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Home My WebLink AboutZBA-03/14/2019 BOARD MEMBERS '` _�� r Southold Town Hall - 53095 Main Road•P.O.Box 1179 Leslie Kanes Weisman,Chairperson • =, �.�- Southold,NY 11971-0959 Patricia Acampora i Office Location: Eric Dantes = {`�_ _ ' p e Town Annex/First Floor, Robert Lehnert,Jr. •,,a f�� 54375 Main Road(at Youngs Avenue) Nicholas Planamento 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, MARCH 14, 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 March 14, 2019 commencing at 8:00 A.M. Present were: Leslie Kanes Weisman, Chairperson Eric Dantes, Vice Chair Nicholas Planamento Robert Lehnert Patricia Acampora William Duffy, Town Attorney Kim Fuentes, ZBA Secretary Mark Terry, Assistant Planning Director Michael Verity, Chief Building Inspector Mary Eisenstein, Member of the Planning Board 8:05 A.M. Chairperson Weisman called the meeting to order. WORK SESSION: A. BOARD TRAINING: LWRP and FEMA Regulations by Mark Terry, Asst. Town Planning Director and Michael Verity, Chief Building Inspector. 9:45 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 adopted Page 2—MINUTES Regular Meeting held March 14, 2019 Southold Town Zoning Board of Appeals 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: Type II Actions (No further steps- setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests): Ronald Coons #7244 Jo Ellen Cortapasso 47245 Sarah Apgar#7246 Douglas Robalino 47247 Erica Lev and Zachary Lev#7249se Amy O'Brien, Trustee C/O Frank A. Uhlendorf and Edith Uhlendorf Trust#7250 Douglas and Lisa Carlen#7251 Walsh Park Benevolent Corporation (Town Of Southold, Owner) 97252 Alex Friedman#7253 Olde Colonial Place, LLC #7248 Vote of the Board: All. This resolution was duly adopted (5-0). POSSIBLE RESOLUTION TO CLOSE THE FOLLOWING HEARINGS: VANSTON BEAR, LLC #7243 — (Adjourned from February 21, 2019) 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: Motion was offered by Chairperson Weisman, seconded by Member Lehnert to Close the hearing. Vote of the Board: Ayes: Members Weisman, Dantes, Planamento, Acampora and Lehnert This Resolution was duly adopted; (5-0). Page 3—MINUTES Regular Meeting held March 14, 2019 Southold Town Zoning Board of Appeals 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 GRANTED AS APPLIED WITH CONDITIONS: SOUTHOLD SUNSETS, LLC #7103 VANSTON BEAR, LLC #7243 Vote of the Board: Ayes: Members Weisman, Dantes, Planamento, Acampora and Lehnert This Resolution was duly adopted 5-0). PUBLIC HEARINGS: 9:51 A.M. RONALD COONS #7244 — By Michael Kimack, representative an Ronald Coons, owner. Request for Variances under Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector's September 27, 2018, 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, 2) less than the code required minimum rear yard setback of 35 feet; 3) an existing shed located in other than the code required rear yard; at: 5206 Great Peconic Bay Blvd., Laurel, NY. SCTM41000-128-2-21. 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 and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 3:03 P.M. BOARD RESOLUTION: During the afternoon session a Motion was offered by Member Lehnert, seconded by Member Acampora to REOPEN the hearing in order to request that the applicant amend the site plan with a more conforming design and configuration. Vote of the Board: Ayes: Members Weisman, Dantes, Planamento, Acampora and Lehnert. This Resolution was duly adopted; (5-0). ( 10:13 A.M. - JO ELLEN CORTAPASSO 47245 — By Robert Stromski, Representative, John Cortapasso and Jo Ellen Cortapasso, Owners. Request for Variances under Article XXIII, Section 280-124 and the Building Inspector's August 10, 2018, 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; at: 4830 Peconic Bay Boulevard, Laurel, NY. SCTM#1000-128-4-13. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Page 4—MINUTES Regular Meeting held March 14, 2019 Southold Town Zoning Board of Appeals Weisman, seconded by Member Planamento to Adjourn the hearing to March 28, 2019 to determine whether 6 ft. fence in the front yard is legal or requires relief from this Board. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:51 A.M. - SARAH APGAR#7246 —By Colin Ratsey, Representative and Sarah Apgar, Owner. Request for a Variance under Article IV, Section 280-15 and the Building Inspector's August 17, 2018, Notice of Disapproval based on an application for a permit to construct an in-ground swimming pool, at; 1) located in other than the code required rear yard; at: 1175 Haywaters Road, Cutchogue, NY. SCTM#1000-111-4-11. 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 and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:52 A.M. - DOUGLAS ROBALINO #7247 — By Justin Gennaro, Representative and Douglas Robalino, Owner. Request for a Variance under Article XXIII, Section 280-124 and the Building Inspector's October 2, 2018, Notice of Disapproval based on an application to legalize "as built" demolition and proposed reconstruction of the existing single family dwelling, at; 1) less than the code required minimum front yard setback of 40 feet; at: 1695 Bay Avenue, (Adj. to Marion Lake) East Marion, NY. SCTM#1000-31-9-21.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Acampora to Close the hearing and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was dull adopted (5-0). 11:01 A.M. - ERICA LEV AND ZACHARY LEV #7249SE — By June Lee, Representative. 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: 1425 Paradise Point, Southold, NY. SCTM#1000-81-2-4. 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 Adjourn the hearing to March 28, 2019 to request additional proof of residency. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:10 A.M. AMY O'BRIEN, TRUSTEE C/O FRANK A. UHLENDORF AND EDITH UHLENDORF TRUST #7250 — By Martin Finnegan, Representative. Request for a Variance under Article XXIII, Section 280-124 and the Building Inspector's October 29, 2018, Notice of Disapproval based on an application to legalize an existing deck addition to an under construction single family dwelling, at; 1) less than the code required minimum rear yard setback of 35 feet; at: 230 Landing Lane, Greenport, NY. SCTM#1000-43-4-8. 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 and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 5—MINUTES Regular Meeting held March 14, 2019 Southold Town Zoning Board of Appeals 11:15 A.M. - DOUGLAS AND LISA CARLEN #7251 — By Douglas Carlen and Lisa Carlen, Owners. Request for a Variance under Article IV, Section 280-17A and the Building Inspector's September 26, 2018, Notice of Disapproval based on an application to legalize an "as built" accessory deck and construct a roof over, at; 1) accessory structure does not constitute a permitted principle use on a residential parcel; at: 5550 New Suffolk Avenue, (Adj. to Deep Hole Creek) Mattituck, NY. SCTM#1000-115-10-5. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Acampora to Close the hearing and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:46 A.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora to enter into Executive Session. Vote of the Board: Ayes: Members Weisman, Dantes, Planamento, Acampora and Lehnert. This Resolution was duly adopted (5-0). 12:15 P.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora to exit Executive Session. Vote of the Board: Ayes: Members Weisman, Dantes, Planamento, Acampora and Lehnert. This Resolution was duly adopted (5-0). 12:15 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 (5-0). 1:11 P.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora to reconvene the public hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted �5.OZ 1:11 P.M. - WALSH PARK BENEVOLENT CORPORATION (TOWN OF SOUTHOLD, OWNER) #7252 — By Steven Ham and Matt Edwards, Representatives. Request for Variances under Article XI, Section 280-48 (C)(3)(c) and (f); and the Building Inspector's August 21, 2018, Notice of Disapproval based on an application to alter a second floor of an existing building to include six (6) accessory apartment units; at: 1) proposed accessory apartments are more than the maximum of three (3) apartments allowed to be created or maintained in any single structure; 2) accessory apartments will exceed 40% of the livable floor area of the existing dwelling unit; at: 544 Hound Lane, (Fox Lane, Adj. to Long Island Sound) Fishers Island, NY. SCTM#1000-12-1-4.4. Page 6—MINUTES Regular Meeting held March 14, 2019 Southold Town Zoning Board of Appeals 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 and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:19 P.M. - ALEX FRIEDMAN #7253 — By Anthony Portillo, Representative, Alex Friedman, Owner. Joan Carey had no objections. Request for a Variance under Article XXIII, Section 280- 124 and the Building Inspector's October 29, 2018, Notice of Disapproval based on an application 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; at: 350 MacDonalds Road, (Adj. to Brushes Creek) Laurel, NY. SCTM#1000-145.-4-14.1. 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 and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:38 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 (L-01. 1:49 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 (5-0). 1:49 P.M. - OLDE COLONIAL PLACE, LLC #7248 — By Martin Sendlewski, Representative. Comments from Gail Wickham, Esq. and Patricia Moore, Esq. Request for an interpretation pursuant to Article X, Section 280-46 of the Town Code, as to whether 20,000 square feet of property is required for each principal use (4) in accordance with the Building Inspector's October 5, 2018 Notice of Disapproval stating that the proposed use(s), as applied for, is not permitted in the Hamlet Business (HB) Zoning District; property located at: 615 Pike Street, Mattituck, SCTM# 1000-140-2-21. 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 and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted ,5-0). 2:12 P.M. - WILLIAM A. PENNEY, III AND SUKRU ILGIN (CV) (SOUTHOLD GAS STATION) #6839 — (Adj. from January 17, 2019) by Charles Cuddy, Representative. Opposed by Ellen Corwin. Request for Special Exception under Article XI Section 280-48B(12) to construct a gasoline service station with a convenience store. Located at 45450 County Road 48 (aka North Road, corner Young's Avenue) Southold, NY. SCTM#1000-55-5-2.2. BOARD RESOLUTION: Page 7—MINUTES Regular Meeting held March 14, 2019 Southold Town Zoning Board of Appeals (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 and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 2:45 P.M. - MMC REALTY 2 FAMILY LIMITED PARTNERSHIP #7221 — (Adjourned from December 6, 2018) by Patricia Moore, Representative, Michael Cirretto and Mary Ellen Cirretto, Owners. Request for a Variance from Article III, Section 280-13A and the Building Inspector's June 12, 2018, Notice of Disapproval based on an application to legalize "as built" alterations to an accessory building, at; 1) more than the code permitted one dwelling on each lot; the proposed construction constitutes a second dwelling unit in the accessory building; at: 7625 Nassau Point Road, (Adj. to Little Peconic Bay) Cutchogue, NY. SCTM# 1000-118-4-4. 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 and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). RESOLUTIONS: RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Planamento to Amend Condition #3 in Decision No. 7241, Katie Nickolaus, Alexandra Nickolaus Carnicom, and Jamie Nickolaus. FROM: "No disturbance or activity shall take place 100 feet landward of the top of bluff, as described in the Board of Trustee's letter of January 28, 2018." TO: "No disturbance or activity shall take place 100 feet landward of the top of bluff, without further application to, and written authorization from, the Southold Town Board of Trustees as described in the Board of Trustee's letter of January 28, 2018. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). RESOLUTION ADOPTED: Motion was offered by Chairperson, Weisman, seconded by Member Lehnert to set the next Regular Meeting with Public Hearings to be held April 11, 2019 at 8:30 AM. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Lehnert to approve Minutes from Special Meeting held February 21, 2019. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0. Page 8—MINUTES Regular Meeting held March 14, 2019 Southold Town Zoning Board of Appeals RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Acampora to approve 90 Day Extension request from Steven Ham for D. Scott Ketner, Appeal Decision No. 7211, beginning March 28, 2019 and to expire on June 26, 2019. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). (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 su m' ed, Kim E. Fuentes 3 /A /2019 Includy4y Reference: Filed ZBA Decisions (3) /" I L4�L* v1-- slie Kane Weisman, Chairperson J /,� /2019 Approved for Filing Resolution Adopted RECEIVED �y'i A,g 2 9 2019 a Sou hold Town Clerk