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Home My WebLink AboutZBA-06/06/2019 BOARD MEMBERS ��OF S0(/r�o Southold Town Hall Leslie Kanes Weisman,Chairperson 1p 53095 Main Road•P.O.Box 1179 .� Southold,NY 11971-0959 Patricia Acampora T Office Location: Eric Dantes �Q Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento �coUIVT`I,N 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, JUNE 6,2019 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 JUNE 6, 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 Carrie O'Farrell,Nelson Pope & Voorhis Kim Fuentes, ZBA Secretary 8:36 A.M. Chairperson Weisman called the meeting to order. WORK SESSION: A. Requests from Board Members for future agenda items. B. Carrie O'Farrell of NP&V, Environmental Consultant, presented a draft memo subsequent to reviewing for completeness of the Draft Environmental Impact Statement of The Enclaves Hotel received on April 4, 2019. A revised memo will be issued that identifies omissions and corrections, recommends clarifications, and determines that the DEIS be deemed "incomplete." The memo further recommends that the DEIS be revised to address items outlined. C. The Board discussed the Planning Board request to adjourn ZBA applications #7289 and #7294 until such time as the Planning Board can issue their recommendations in July 2019. Page 2—MINUTES Regular Meeting held June 6, 2019 Southold Town Zoning Board of Appeals D. The Board discussed the definition of pool house/cabana recently adopted by the Town Board. E. After inspections of the property by ZBA members and the Town's Fire Marshall, the Chairperson issued a letter to the applicant approving the operation of the Harvest Inn Bed and Breakfast. 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 Planamento, to open the public hearings section of the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-01 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): I Theodosius W. Victoria#7278 Theodosius W. Victoria#7280 David and Claudia Garofalo #7281 Thomas F. Daly, III, Joyce Daly, Margaret Daly, Et Al #7284 Matthew F. Daly, Robert M. Daly, Marilyn K. Daly, Et Al, #7285 Michael Smith#7282 905 9th Street, LLC 47289 East End Realty, LLC #7286 East End Realty, LLLC #7287 Vote of the Board: All. This resolution was duly adopted (5-0). B. Unlisted Action: 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 Hound Lane, LLC #7237, requiring area variance relief from the Zoning Board of Appeals, to be an Unlisted Action, has conducted uncoordinated review, determined non-significance for the proposed action, and Granted a Negative Declaration. Vote of the Board: All. This resolution was duly adopted (5-01. Page 3—MINUTES Regular Meeting held June 6, 2019 Southold Town Zoning Board of Appeals POSSIBLE RESOLUTION TO CLOSE THE FOLLOWING HEARINGS: RYAN STORK #7269 — (Adj. from May 20, 2019) Request for a Use Variance under Article III, Section 280-13 (C); and the Building Inspector's November 15, 2018 Notice of Disapproval based on an application for a permit to alter the second floor of an existing accessory garage into recreational space, at; 1) proposed recreational space in the accessory building is not a permitted accessory use; at: 1140 Park Avenue, Mattituck (Adj. to Cutchogue Harbor), Cutchogue, NY. SCTM#1000-123-8-1. BOARD RESOLUTION: Pursuant to the applicant's request, a motion was offered by Chairperson Weisman, seconded by Member Dantes to Adjourn the hearing without a date. Vote of the Board: Ayes: All. This'Resolution was duly adopted (5-0). 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: GRANTED RELIEF AS APPLIED WITH CONDITIONS: KAREN M. POWER#7262 TRACY MINUCCI/WHITE CAP NORTH FORK, LLC Vote of the Board: Ayes: Members Weisman Dantes Acampora Planamento, and Lehnert. Resolutions was duly adopted (5-0). OVERTURNED NOTICE OF DISAPPROVAL SHAWN P. FITZGERALD REVOCABLE LIVING TRUST#7276 Vote of the Board: Ayes: Members Weisman Dantes Acampora, Planamento, and Lehnert. Resolutions was duly adopted (5-0). DECISIONS TABLED: SV GREENPORT, LLC #7275 Vote of the Board: Ayes: Members Weisman Dantes Acampora Planamento, and Lehnert. Resolutions was duly dopted (5-0). Page 4—MINUTES Regular Meeting held June 6, 2019 Southold Town Zoning Board of Appeals PUBLIC HEARINGS: 9:47 A.M. - THEODOSIUS W. VICTORIA #7278 — By Theodosius Victoria, Owner, Bruce Anderson, Representative, Joseph Fischetti, Design Professional. Supported by Joesph Vangi, neighbor. Request for a Variance under Article III, Section 280-15 and the Building Inspector's December 4, 2018 Notice of Disapproval based on an application for a permit to relocate an existing single family dwelling and convert a portion of the dwelling into an accessory building (art studio); 1) located in other than the code required rear yard; at: 17250 Main Street, New Suffolk, NY. SCTM# 1000-117-9-30. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento to Adjourn the hearing to the Special Meeting of June 20 2019 Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:47 A.M. - THEODOSIUS W. VICTORIA #7280 - By Theodosius Victoria, Owner, Bruce Anderson, Representative„ Joseph Fischetti, Design Professional. Supported by Joesph Vangi, neighbor. Request for a Use Variance under Article III, Section 280-13C; Article X, Section 280- 45C and the Building Inspector's December 4, 2018 Notice of Disapproval based on an application for a permit to relocate an existing single family dwelling and convert a portion of the dwelling into an accessory building (art studio); 1) proposed art studio in the accessory building is not a permitted accessory use; at: 17250 Main Street, New Suffolk, NY. SCTM#1000-117-9-30. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento to Adjourn the hearing to the Special Meeting of June 20 2019. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:25 A.M. - DAVID AND CLAUDIA GAROFALO #7281 — By Patricia Moore, Representative. Request for a Variance under Article III, Section 280-15 and the Building Inspector's November 30, 2018 Notice of Disapproval based on an application for a permit to legalize an "as-built" accessory deck surrounding an existing accessory in-ground swimming pool; 1) located in other than the code required rear yard; at: 7630 Main Bayview Road, Southold, NY. SCTM#1000-87-5- 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 Dantes to Close the Hearing and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10.33 A.M. - THOMAS F DALY III JOYCE DALY MARGARET DALY, ET AL #7284 — By Patricia Moore, Representative. Request for a Waiver of Merger petition under Article II, Section 280-10A, to unmerge land identified as SCTM No. 1000-66-1-21 which has merged with SCTM No. 1000-66-1-22, based on the Building Inspector's January 30, 2019 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 150 Daly Lane, Southold, NY. SCTM Nos.1000-66-1-21 & 1000-66-1-22. 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 Page 5—MINUTES Regular Meeting held June 6, 2019 Southold Town Zoning Board of Appeals Hearing subject to receipt of additional information. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:33 A.M. - MATTHEW F. DALY ROBERT M. DALY, MARILYN K. DALY, ET AL, #7285 — By Patricia Moore, Representative. Request for a Waiver of Merger petition under Article 11, Section 280-10A, to unmerge land identified as SCTM No. 1000-66-1-9 which has merged with SCTM No. 1000-66-1-8, based on the Building Inspector's January 30, 2019 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 225 Thomas Street, Southold, NY. SCTM Nos.1000-66-1-8 & 1000-66-1-9. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento to Close the Hearing subject to receipt of additional information. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:47 A.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:02 A.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 pted (5.0� 11:02 A.M. - MICHAEL SMITH #7282 — By Michael Smith, Owner, Shawn Leonard, Design Professional. Request for Variances under Article IV, Section 280-15; Article XXII, Section 280- 116A(1) and the Building Inspector's August 17, 2018, Amended November 27, 2018 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool and legalize existing relocated accessory structures, at; 1) proposed swimming pool is located in other than the code required rear yard; 2) proposed swimming pool is located less than the code required 100 feet from the top of the bluff, 3) existing two accessory sheds are located less than the code required minimum side yard setback of 15 feet; at: 1405 Terry Lane, (Adj. to Long Island Sound) Orient, NY. SCTM#1000-14-3-2. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Acampora to Close the Hearing and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:16 A.M. - 905 9TH STREET, LLC #7289 — By Richard Lark, Representative. Request for Variances under Article IV, Section 280-18; Article XXIII, Section 280-124; and the Building Inspector's February 7, 2019 Notice of Disapproval based on an application to approve a two lot subdivision and a permit for the construction of a new single family dwelling and accessory building (lot 10); at 1) proposed two lots will measure less than the minimum lot size of 40,000 sq. Page 6—MINUTES Regular Meeting held June 6, 2019 Southold Town Zoning Board of Appeals ft.; 2) proposed two lots will measure less than the minimum lot width of 150 feet; 3) proposed two lots will measure less than the minimum lot depth of 175 feet; 4) proposed lot no. 9 with existing single family dwelling will have more than the code permitted maximum lot coverage of 20%; 5) proposed lot 10 with proposed single family dwelling will have less than the code required minimum front yard setback of 35 feet; at : 905 9th Street, Greenport, NY SCTM No. 1000-48-2- 29. 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 the hearing to the Regular Meeting of Wednesday, July 3, 2019: Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:48 P.A. Motion was offered by Chairperson Weisman, seconded by Member Acampora 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 Dantes to reconvene the public hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:10 P.M. - EAST END REALTY, LLC 47286 — By Howard Rabin, Representative and Diane Shulman Rabin, Owner. Martin Sidor, in support. Request for Variances under Article IX, Section 280-42 and the Building Inspector's December 11, 2018, Amended February 22, 2019, Notice of Disapproval based on an application for a permit to alter an existing workforce housing building to convert to a single family dwelling on a parcel having an existing business use to be maintained; 1) less than the code required minimum rear yard setback of 75 feet; 2) less than the code required minimum side yard setback of 20 feet at: 4880 Depot Lane, Cutchogue,NY. SCTM# 1000-96-2-3. 1:10 P.M. - EAST END REALTY, LLC 47287 - By Howard Rabin, Representative and Diane Shulman Rabin, Owner. Martin Sidor, in support. Request for a Use Variance under Article IX, Section 280-42 and the Building Inspector's December 11, 2018, Amended February 22, 2019, Notice of Disapproval based on an application for a permit to alter an existing workforce housing building to convert to a single family dwelling on a parcel having an existing business use to be maintained; 1) less than the required 80,000 sq. ft. in area for each use, at: 4880 Depot Lane, Cutchogue, NY. SCTM# 1000-96-2-3. 1:30 P.M. - BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) A motion was offered by Chairperson Weisman, seconded by Member Acampora to Adjourn the hearing until after the public hearing for the Appeal of Hound Lane, LLC #7237 has concluded. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:37 P.M. - HOUND LANE, FISHERS ISLAND #7237 — By Steven Ham, Attorney, David Noe, Design Professional, and Mark Holzner, Owner. Ken Edwards and Bob Evans in opposition. The public hearing was conducted by video conference connected via Skype with residents of Fishers Island located in the community center. (Adjourned from April 11, 2019) Request for Variances under Article XI, Section 280-49 and Section 280-50; and the Building Inspector's Page 7—MINUTES Regular Meeting held June 6, 2019 Southold Town Zoning Board of Appeals 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: (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). 2:10 P.M. RECONVENED EAST END REALTY, LLC #7286 & #7287 - 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). 2:32 P.M. - SHAWN P. FITZGERALD REVOCABLE LIVING TRUST #7276 — (Adj. from May 9, 2019) Request for an interpretation pursuant to Article III, Section 280-13(A)(1); and the Building Inspector's December 14, 2018 Notice of Disapproval based on an application to amend a building permit #41621 (construction of an accessory pool house) for "as built" interior alterations, at; 1) as to whether an "as-built" structure constitutes a second dwelling unit by design; at: 495 Paddock Way, (Adj. to Wolf Pit Lake) Mattituck, NY. SCTM#1000-107-4-2.10. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member 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 Lehnert to Grant a twelve (12) month extension per request of June 3, 2019 by Martin Finnegan, Attorney, for Appeal No. 7109, dated December 22, 2017 of Gian Mangieri. 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 WEDNESDAY, July 3 2019 at 8:30 AM. Vote of the Board: Ayes: All. This Resolution was duly dopted (5-0). RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Planamento to approve Minutes from Special Meeting held May 23, 2019. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0). Page 8—MINUTES Regular Meeting held June 6, 2019 Southold Town Zoning Board of Appeals There being no other business properly coming before the Board at this time, the Chairperson declared the meeting adjourned. The meeting was adjourned at 2:35 P.M. Respectfully submitt d, Kim E. Fuentes / /2019 Inclu by Reference: Filed ZBA Decisions (3) 6.t Leslie kanes Weisman, Chairperson 6 /4,� /2019 Approved for Filing Resolution Adopted RECEIVED -f AiteaL A 2 1 2019 &14-alatt 0. . Sou 1d Town filer