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Home My WebLink AboutZBA-04/11/2019 BOARD MEMBERS ®f S0Southold Town Hall Leslie Kanes Weisman,Chairperson �� ® 53095 Main Road•P.O.Box 1179 �® �® Southold,NY 11971-0959 Patricia Acampora Office Location:_ Eric Dantes Town Annex/First Floor,' Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento ��c®uf 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, APRIL 11, 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 April 11, 2019 commencing at 8:30 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 8:45 A.M. Chairperson Weisman called the meeting to order. EXECUTIVE SESSION: 8:45 A.M. Motion was offered by Chairperson Weisman, seconded by Member Lehnert to enter into Executive Session. Vote of the Board: Ayes: Members Weisman, Dantes, Acampora, Planamento and Lehnert. This Resolution was duly adopted (5-0). 9:30 A.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes to exit Executive Session. Vote of the Board: Ayes: Members Weisman, Dantes, Acampora, Planamento and Lehnert. This Resolution was duly adopted (5-0t Page 2—MINUTES Regular Meeting held April 11, 2019 Southold Town Zoning Board of Appeals WORK SESSION: a) Requests from Board Members for future agenda items. b) Review updated Board Training Proposal for 2019; Agriculture and Markets Law; FEMA Flood Zone Regulations. c) American Planning Association Long Island Org. Training scheduled for April 16, 2019 to be attended by members. d) Review draft definition of Pool House Accessory Structure. To be presented to the Town Board. e) Interior Inspections scheduled for April 23 and April 30, 2019 prior to the May 9, 2019 public hearing. 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 dopted 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: Type II Actions (No further steps- setback/dimensional/lot waiver/accessory apartmentibed and breakfast requests): Edna Beirne #7254 Edna Beirne#7256 Jeremy and Kimberly Bell #7255 Alexander Wilmerding#7259 Fishers Island Fire District 47267 Karen and James Speyer#7260 Karen M. Power#7262 Peter Patinella#7263 Andrew T. Fohrkolb 47266 William and Ann Froehlich#7261 Vote of the Board: All. This resolution was duly adopted 5-0� Page 3—MINUTES Regular Meeting held April 11, 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: 9:39 A.M. - HOUND LANE, LLC 47237—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 measures less than the required 35% of subject lot, located at: Hound Lane, Fishers Island, NY. SCTM#1000-12-1-7.1. BOARD RESOLUTION: A motion was offered by Chairperson Weisman, seconded by Member Dantes to ADJOURN the hearing to June 6 2019 at 1:30 P.M. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:39 P.M. Motion was offered by Chairperson Weisman, seconded by Member Lehnert to break for Justice Court Arraignment. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:22 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 . RELIEF GRANTED AS APPLIED WITH CONDITIONS: WILLIAM A. PENNEY, III AND SUKRU ILGIN, SOUTHOLD GAS STATION#6839 Vote of the Board: Ayes: Members Weisman, Dantes, Planamento, Acampora and Lehnert This Resolution was duly adopted (5-0). PUBLIC HEARINGS: 10:26 A.M. - EDNA BEIRNE #7254 — By Bruce Anderson, Representative, Ethan Beirne, Edna Beirne, and Jackie Fedynak in support. Margery Dunn and Julie Amper opposed. Request for Variances under Article 11, Section 280-9A; and the Building Inspector's October 15, 2018, Notice of Disapproval based on a determination for lot recognition, at; 1) at less than the code required Page 4—MINUTES Regular Meeting held April 11, 2019 Southold Town Zoning Board of Appeals minimum lot size of 40,000 sq. ft., 2) less than the code required minimum lot width of 135 feet, 3) less than the code required minimum lot depth of 175 feet; located at: 405 Faye Court, Mattituck, NY. SCTM#1000-123-5-36.9. 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 subject to receipt of additional information. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:26 A.M. - EDNA BEIRNE #7256 - Request for Variances under Article II, Section 280-9A; and the Building Inspector's October 15, 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 135 feet, 3) less than the code required minimum lot depth of 175 feet; located at: 305 Faye Court, Mattituck, NY. SCTM#1000-123-5-36.10. 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 subject to receipt of additional information. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:26 A.M. - JEREMY AND KIMBERLY BELL #7255 —Jen Delvaglio, Representative. Opposed by Hildi Peters and comments by Richard Noldin. Request for a Variance under Article III, Section 280-15; and the Building Inspector's October 29, 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; at: 2540 Calves Neck Road, Southold, NY. SCTM#1000-70-4-40. 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). 11:41 A.M. - ALEXANDER WILMERDING 47259 — By Stephen Ham, Attorney. Request for Variances under Article III, Section 280-15; and the Building Inspector's October 9, 2018, Amended October 29, 2018 Notice of Disapproval based on an application for a permit to construct an accessory gazebo, at; 1) less than the code required minimum side yard setback of 25 feet; 2) less than the code required minimum rear yard setback of 25 feet; at: Reservoir Road, (Adj. to Hay Harbor) Fishers Island, NY. SCTM#1000-9-9-3.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Dantes to Close the hearing and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:51 A.M. - FISHERS ISLAND FIRE DISTRICT #7267 — by Stephen Ham, Attorney. Request for Variances under Article III, Section 280-14; and the Building Inspector's September 19, 2018 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing fire house, at; 1) less than the code required minimum front yard setback of 60 feet (Equestrian Avenue); 2) less than the code required minimum front yard setback of 60 feet (Crescent Avenue); at: Crescent Avenue, Fishers Island, NY. SCTM41000-9-2-4.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Page 5—MINUTES Regular Meeting held April 11, 2019 Southold Town Zoning Board of Appeals Planamento to Close the hearing and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 12:03 P.M. - KAREN AND JAMES SPEYER#7260 —By Robert Brown, Representative. Request for Variances under Article IV, Section 280-18; and the Building Inspector's October 24, 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 50 feet (Jackson Street); 2) less than the code required minimum front yard setback of 50 feet (Fourth Street); at: 2100 Jackson Street, (Adj. to Great Peconic Bay) New Suffolk, NY. SCTM#1000-117-10-18.1. 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 duly adopted 5-0). 12:07 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). 1:10 P.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento to reconvene the public hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0 . 1:11 P.M. - KAREN M. POWER #7262 —By Doug Burns, Representative. Request for Variances under Article XXIII, Section 280-124; and the Building Inspector's October 16, 2018, Amended November 16, 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 total side yard setback of 25 feet, 2) more than the code permitted maximum lot coverage of 20%; at: 555 Riley Avenue, Mattituck, NY. SCTM#1000-143-4-16. 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 the Hearing to April 25 2019. Vote of the Board: Ayes: All. This Resolution was duly adopted 5- 1:19 P.M. - PETER PATINELLA #7263 — By Michael Kimack, Nick Zoumas, Representatives, Peter Patinella and Marie Patinella, Owners. Request for Variances under Article XXIII, Section 280-124; and the Building Inspector's November 8, 2018, Amended November 13, 2018 Notice of Disapproval based on an application for a permit to demolish an existing single family dwelling and construct a new single family dwelling, at; 1) less than the code required minimum side yard setback of 10 feet, 2) less than the code required minimum total side yard setback of 25 feet, 3) more than the code permitted maximum lot coverage of 20%; at: 440 South Lane, East Marion, NY. SCTM#1000-38-6-12. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Page 6—MINUTES Regular Meeting held April 11, 2019 Southold Town Zoning Board of Appeals Weisman, seconded by Member Lehnert to Adjourn the Hearing to April 25, 2019. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:43 P.M. - ANDREW T. FOHRKOLB #7266 — by Martin Finnegan, Attorney and Meryl Kramer, Representative. Ann Howard in Support. Request for Variances under Article XXIII, Section 280- 124; and the Building Inspector's August 30, 2018, Amended September 18, 2018 Notice of Disapproval based on an application for a permit to construct a new single family dwelling and an accessory garage, at; 1) less than the code required minimum side yard setback of 15 feet, 2) less than the code required minimum total side yard setback of 35 feet; at: 1335 Fleetwood Road, Cutchogue, NY. SCTM#1000-137-4-30. 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). 2:06 P.M. — WILLIAM AND ANN FROEHLICH #7261 — By Charles Cuddy, Attorney, Charles Thomas, Representative, William Froehlich, Owner. Request for Variances under Article XXIII, Section 280-124; and the Building Inspector's October 24, 2018 Notice of Disapproval based on an application for a permit to demolish an existing single family dwelling and construct a new single family dwelling, at; 1) less than the code required minimum side yard setback of 15 feet, 2) less than the code required minimum total side yard setback of 35 feet; at: 6130 Peconic Bay Boulevard, (Adj. to Great Peconic Bay) Laurel, NY. SCTM#1000-128-2-6. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert 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 Acampora to Grant a One Year Extension for Appeal No. 6927, Lazarus Alexandrou, dated May 19, 2016. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0 RESOLUTION ADOPTED: Motion was offered by Chairperson, Weisman, seconded by Member Acampora to set the next Regular Meeting with Public Hearings to be held May 9, 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 March 28, 2019. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0). RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Planamento to Amend Condition No. 2 of Appeal No. 7258SE, Cristina Illa & Ursula Sala-Illa, dated February 7, 2019, which requires the Contract Vendee to provide the Zoning Board of Appeals with a copy of a new deed listing Cristina Illa and Ursula Sala-Ilia as owners of the subject f s Page 7—MINUTES Regular Meeting held April 11, 2019 Southold Town Zoning Board of Appeals premises. The Board grants the applicant an additional 90 days from this date to submit a deed recorded by the Clerk of the County of Suffolk. Vote of the Board: Ayes: All. This Resolution was duly adopted�(5-0). There being no other business properly coming before the Board at this time, the Chairperson declared the meeting adjourned. The meeting was adjourned at 2:25 P.M. Respectfullysub itted, Kim E. Fuentes /a 2019 Included by Reference: Filed ZBA Decisions (1) Leslie Ka es Weisman, Chairperson 1-A.-2019 Approved for Filing Resolution Adopted RECEIVE® F; Id..d M AY - 1 2019 n" Sou hold Town Clerk