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Home My WebLink AboutZBA-07/03/2019 BOARD MEMBERS ��0f S®Ujy� Southold Town Hall Leslie Kanes Weisman,Chairperson �O 1p 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes iQ Town Annex/First Floor, Robert Lehnert,Jr. Ol 54375 Main Road(at Youngs Avenue) Nicholas Planamento �COU NrI+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 WEDNESDAY, JULY 3, 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 Wednesday, July 3, 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 8:37 A.M. Chairperson Weisman called the meeting to order. WORK SESSION: A. Requests from Board Members for future agenda items. B. The Board discussed Special Exception applications for Accessory Apartments. It was decided to require that the owner of the property appear before the Board at public hearing. C. Tentative Board Training Sessions. 9:28 A.M. Chairperson Weisman called the public hearing to order with the Pledge of Allegiance. Motion was offered by Chairperson Weisman seconded by Member Lehnert, to open the public hearings section of the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0 . Page 2—MINUTES Regular Meeting held July 3, 2019 Southold Town Zoning Board of Appeals STATE ENVIRONMENTAL QUALITY REVIEWS; BOARD RESOLUTION: Motion was offered by Chairperson Weisman seconded by Member Lehnert, 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): Brad and Kathryn Piecuch#7288 HC NoFo, LLC/Todd Feuerstein#7290 Santosha After 50, LLC #7291 Michael McCarrick Real Estate, Inc. #7292 Harun Sinha and Austin Dowling#7294 Rachel Murphy#7295 Lewis Topper#7296 Phillip B. Cammann 47297 Timothy and Natalie Hough#7298SE Vote of the Board: 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: DENY IN PART, GRANT IN PART WITH CONDITIONS: MICHAEL SMITH 47282 Vote of the Board: Ayes: Members Weisman Dantes Acampora, Planamento, and Lehnert. Resolutions was duly adopted 5-0). OVERTURNED NOTICE OF DISAPPROVAL SV GREENPORT, LLC #7275 Vote of the Board: Ayes: Members Weisman Dames, Acampora, Planamento, and Lehnert. Resolutions was duly adopted (5-0). Page 3—MINUTES Regular Meeting held July 3, 2019 Southold Town Zoning Board of Appeals RESOLUTIONS: RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Lehnert to set the next Regular Meeting with Public Hearings to be held on August 1, 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 Acampora to approve Minutes from Special Meeting held June 20, 2019. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). PUBLIC HEARINGS: 9:30 A.M. - BRAD AND KATHRYN PIECUCH #7288 — By Brad and Kathryn Piecuch, Owners. Teresa McClaskie, in opposition. Request for a Variance under Article III, Section 280-15 and the Building Inspector's January 9, 2019 Notice of Disapproval based on an application for a permit to construct an accessory garage; 1) located in other than the code required rear yard; at: 1350 Woodcliff Drive, Mattituck, NY. SCTM#1000-107-8-1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Acampora to Adjourn the hearing to the Special Meetingof f July 18 2019. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:49 A.M. - HC NOFO, LLC/TODD FEUERSTEIN #7290 — By Isaac Coffey, Representative. Request for Variances under Article XXIII, Section 280-124 and the Building Inspector's December 26, 2018 Notice of Disapproval based on an application for a permit to demolish an existing dwelling and construct a new single family dwelling and an accessory garage; 1) proposed single family dwelling measuring less than the code required minimum rear yard setback of 50 feet; 2) proposed accessory garage is located in other than the code required rear yard; at: 6370 Skunk Lane, Cutchogue, NY, SCTM#1000-104-5-3.3. 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 Close the hearing subject to receipt of a revised site plan. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Member Planamento Recused) 9:58 A.M. - SANTOSHA AFTER 50, LLC #7291 — By Michael Kimack, Representative; and Susan Maffetone, Owner. Request for Variances under Article XXIII, Section 280-124 and the Building Inspector's February 1, 2019 Notice of Disapproval based on an application for a permit to make additions and alterations to an existing seasonal dwelling; 1) less than the code required minimum front yard setback of 35 feet; 2) less than the code required minimum side yard setback of 15 feet; at: 56155 Route 48, (Adj. to Long Island Sound) Greenport, NY. SCTM41000-44-1-21. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to Close the hearing subject to receipt of additional information. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 4—MINUTES Regular Meeting held July 3, 2019 Southold Town Zoning Board of Appeals 10:16 A.M. - MICHAEL MCCARRICK REAL ESTATE, INC. #7292 — By Abigail Wickham, Representative; Michael McCarrick, Owner. Ralph Gerchak in opposition. Request for a Variance from Article III, Section 280-15; and the Building Inspector's February 21, 2019, Notice of Disapproval based on an application for a building permit to construct an accessory garage; at; 1) located less than the code required minimum front yard setback of 35 feet; at: 415 Lakeside Drive, (Adj. to Pleasant Inlet), Southold, NY. SCTM#1000-90-3-13. 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 subject to receipt of additional information. Vote of the Board: Ayes: All. This Resolution was duly adopted ,5-0). 10:53 A.M. - HARUN SINHA AND AUSTIN DOWLING #7294 — by Frank Uellandahl, Representative. Request for Variances from Article III Section 280-14 and the Building Inspector's January 16, 2019 Notice of Disapproval based on an application for a two lot subdivision on a non- conforming .47 acre parcel; at, 1) both proposed lots will be less than the code required minimum lot area of 40,000 sq. ft.; 2) both proposed lots will be less than the code required minimum lot width of 150 feet; 3) both proposed lots will be less than the code required lot depth of 175 feet, at: 195 Ninth Street, Greenport, NY. SCTM#1000-48-1-23. 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). 11:03 A.M. - RACHEL MURPHY #7295 — By Patricia Moore, Representative. Request for Variances from Article III, Section 280-15; Article IV, Section 280-18; Article XXII, Section 280- 116A(1); and the Building Inspector's February 14, 2019, 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 and an accessory in-ground swimming pool; at; 1) proposed swimming pool located in other than the code required rear yard; 2) proposed construction is more than the code permitted maximum lot coverage of 20%; 3) proposed construction of the single family dwelling is located less than the code required 100 feet from the top of the bluff, at: 21695 Soundview Avenue, (Adj. to the Long Island Sound), Southold, NY. SCTM#1000-135-1-7. 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 Meetingof July 18, 2019. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:36 A.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 (5-0). 11:43 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 (5-01. Page 5—MINUTES Regular Meeting held July 3, 2019 Southold Town Zoning Board of Appeals 11:43 A.M. - LEWIS TOPPER 47296 — By Fred Weber, Representative; Lewis Topper, Owner. Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector's March 1, 2019, Notice of Disapproval based on an application for a building permit to construct additions and alterations to existing single family dwelling, legalize "as built" trellis addition over patio and to legalize the "as built" accessory shed; at; 1) proposed addition to the single family dwelling located less than the code required minimum front yard setback of 35 feet; 2) proposed addition to the single family dwelling located less than the code required minimum rear yard setback of 35 feet; 3) proposed construction is more than the code permitted maximum lot coverage of 20%; 4) "as-built" shed located in other than the rear yard; at: 3605 Camp Mineola Road, (Adj. to the Great Peconic Bay), Mattituck, NY. SCTM#1000-123-6-12.4. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Dantes to Close the hearing subject to receipt of additional information. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:56 A.M. - PHILLIP B. CAMMANN #7297 —By Robert Herrmann, Representative. Request for a Variance from Article III, Section 280-15; and the Building Inspector's March 5, 2019, Notice of Disapproval based on an application for a building permit to construct an accessory swimming pool and raised patio; at; 1) located in other than the rear yard; at: 1500 Deep Hole Drive Road, (Adj. to Deep Hole Creek), Mattituck, NY. SCTM#1000-115-12-21.3. 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 Close the Hearing and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:20 A.M. - TIMOTHY AND NATALIE HOUGH #72985E — By Natalie Hough, Owner. Request for a Special Exception under Article III, Section 280-13B(13). The Applicants are the owners of subject property requesting authorization to construct an Accessory Apartment in an existing accessory structure, at: 275 Alois Lane, Mattituck, NY. SCTM#1000-123-6-4.7. 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). 12:08 P.M. - 905 9TH STREET, LLC #7289 — (Adjourned from June 6, 2019) — 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. 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 Page 6—MINUTES / Regular Meeting held July 3, 2019 Southold Town Zoning Board of Appeals 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). 12:38 P.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora to Close the Public Hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). EXECUTIVE SESSION: 1:45 P.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora to enter into Executive Session. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0). a) Attorney advice b) Litigation 2:35 P.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora to exit Executive Session. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Member Planamento was recused) 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. Respect f ,y s bmi id, Kim E. Fuentes / /2019 Board Assistant Inclu y Reference: Filed ZBA Decisions (2) 1 RECEIVE® Leslie Kanes Weisman, Chairperson7 /2019 JUL 2 4/2019 Approved for Filing Resolution Adopted SOU hold Town Clerk