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Home My WebLink AboutZBA-08/01/2019 BOARD MEMBERS ��oE SOUjy� Southold Town Hall Leslie Kanes Weisman,Chairperson �O 1p 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora = Office Location: VS Eric Dantes �pQ Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento y�DU�TY,� 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, AUGUST 1, 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, August 1, 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 8:51 A.M. Chairperson Weisman called the meeting to order. WORK SESSION: A. Requests from Board Members for future agenda items. B. Tentative Board Training Sessions. C. Site Visits scheduled for day of Fishers Island Town Board Meeting of August 7, 2019. All ZBA Board Members will be attending. D. Possibly attend review of Southold Town Comprehensive Plan Review by the Planning Staff on Fishers Island. 9:52 A.M. Chairperson Weisman called the public hearing to order with the Pledge of Allegiance. Motion was offered by Chairperson Weisman seconded by Member Dantes, to open the public Page 2—MINUTES Regular Meeting held August 1, 2019 Southold Town Zoning Board of Appeals hearings section of the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 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): Patrick Naglieri and Margaret McConnell #7300 Florence Vasilakis, Alexander Vasilakis and Demetrios Vasilakis #7304 Maggi-Meg Reed and Michael Schubert#7301 William Gorman#7302 William Gorman#7303SE Fabrio Granato #7305 Susan Cacchioli#7306 North Fork Haven, LLC #7307 Halsey A. Staples and Janet E. Staples 97299SE Halsey A. Staples and Janet E. Staples #7213 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: RELIEF DENIED: 905 9TH STREET, LLC #7289 Vote of the Board: Ayes: Members Dantes Acampora, Planamento, and Lehnert. Nay: Member Weisman (Chairperson) Resolutions was duly adopted (4-1). HARUN SINHA AND AUSTIN DOWLING#7294 Vote of the Board: Ayes: Members Weisman (Chairperson), Dantes, Acampora, Planamento, and Lehnert. Resolutions was duly adopted (5-0). Page 3—MINUTES Regular Meeting held August 1, 2019 Southold Town Zoning Board of Appeals RELIEF GRANTED AS APPLIED WITH CONDITIONS HC NOFO, LLC/TODD FEUERSTEIN#7290 Vote of the Board: Ayes: Members Weisman, Dantes, Acampora, and Lehnert. Resolutions was duly adopted (4-0). (Member Planamento Recused) PUBLIC HEARINGS: 9:55 A.M. - PATRICK NAGLIERI AND MARGARET MCCONNELL #7300 — By Patricia Moore, Esq., Patrick Naglieri, owner. Opposition from Richard Lee. Request for Variances from Article XXIII, Section 280-124 and Building Inspector's March 6, 2019, Notice of Disapproval based on an application to demolish an existing dwelling and construct a new single family dwelling; at, 1) located less than the code required minimum front yard setback of 35 feet; 2) located less than the code required rear yard setback of 35 feet; 3) located less that the code required combined side yard setback of 25 feet; 4) more than the code permitted maximum lot coverage of 20%; located, at 9955 Soundview Avenue, Southold, NY. SCTM No. 1000-59-2-5. 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 Adjourn the hearing to the Regular Meeting of September 12, 2019. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10.24 A.M. - FLORENCE VASILAKIS. ALEXANDER VASILAKIS AND DEMETRIOS VASILAKIS #7304 —By Patricia Moore, Esq., Alex Vasilakis, owner. Request for Variances from Article III, Section 280-15, Article XXII, Section 280-116A(1) and Building Inspector's February 11, 2019, Amended March 14, 2019 Notice of Disapproval based on an application to construct an accessory swimming pool; at, 1) located in other than the code permitted rear yard; 2) located less than the code required 100 feet from the top of the bluff, located at 21625 Soundview Avenue, (Adj. to the Long Island Sound) Southold, NY. SCTM No. 1000-135-1-6. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Acampora to Adjourn the hearing to the Regular Meeting of September 12, 2019. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:43 A.M. - MAGGI-MEG REED AND MICHAEL SCHUBERT 47301 — By Michael Schubert, Owner. Request for a Variance from Article XXII, Section 280-116A(1) and the Building Inspector's March 5, 2019 Notice of Disapproval based on an application to construct additions and alterations to a single family dwelling; at, 1) located less than the code required 100 feet from the top of the bluff; located, at 815 Rosenburg Road, (Adj. to the Long Island Sound) East Marion,NY. SCTM No. 1000-21-1-1.3. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento 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 August 1, 2019 Southold Town Zoning Board of Appeals 10:49 A.M. - WILLIAM GORMAN #7302 — By Michael Kimack, Representative, William Gorman, Owner. Opposition by Gail Wickham, Attorney, Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's March 18, 2019 Notice of Disapproval based on an application to construct a front porch addition to an existing single family dwelling currently under construction (BP#42160); at, 1) located less than the code required minimum front yard setback of 40 feet; located, at 45805 NYS Route 25, Southold, NY. SCTM No. 1000-75-2-14. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to Close the Hearing and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:49 A.M. - WILLIAM GORMAN #73035E — By Michael Kimack, Representative, William Gorman, Owner. Opposition by Gail Wickham, Attorney Request for a Special Exception pursuant to Article III, Section 280-13B(1), the applicant is requesting to convert a single family dwelling to a two-family dwelling; located, at 45805 NYS Route 25, Southold, NY. SCTM No. 1000-75-2-14. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to Adjourn the hearing to the Special Meetingof f August 15, 2019. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:27 A.M. - FABRIO GRANATO #7305 — By Doug McGahan. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's March 22, 2019 Notice of Disapproval based on an application to demolish an existing dwelling and construct a new single family dwelling; at, 1) located less than the code required minimum rear yard setback of 50 feet; located, at 1725 Nassau Point Road, (Adj. to Hog Neck Bay) Cutchogue, NY. SCTM No. 1000-104-13-2.4. 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 Close the Hearing and Reserve Decision. 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 Dantes to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly dopted (5-0). 11:42 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 adopted (5.0� 11:43 A.M. - SUSAN CACCHIOLI #7306 — By Susan Caccioli, Owner and Steven Gueci. Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's March 15, 2019 Notice of Disapproval based on an application to construct additions and alterations to an existing single family dwelling; at, 1) located less than the code required minimum side yard Page 5—MINUTES Regular Meeting held August 1, 2019 Southold Town Zoning Board of Appeals setback of 10 feet; 2) located less than the code required minimum combined side yard setback of 25 feet located, at 1040 Holbrook Road (Adj. to Howards Branch of Mattituck Creek) Mattituck, NY. SCTM No. 1000-113-6-13. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to Close the Hearing and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:53 A.M. - NORTH FORK HAVEN, LLC #7307 — By David Cichanowicz, Representative. Request for a Variance from Article XXII, Section 280-116A(1) and the Building Inspector's February 27, 2019 Notice of Disapproval based on an application to construct an accessory pergola; at, 1) located less than the code required 100 feet from the top of the bluff, located, at 8871 Oregon Road, (Adj. to the Long Island Sound) Cutchogue, NY. SCTM No. 1000-83-1-34.1. 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). 11:59 A.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). X EXECUTIVE SESSION: 12:28 P.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora to enter into Executive Session in order to receive Attorney Advice. Vote of the Board: Ayes: Members Weisman Dantes Acampora and Lehnert. (Member Planamento recused) This Resolution was duly adopted (4-0). 1:03 P.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes to exit Executive Session. Vote of the Board: Ayes: Members Weisman Dantes, Acampora and Lehnert. This Resolution was duly adopted (4-0). 1:10 P.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora to reconvene the public hearing. Vote of the Board: Ayes: All. Members Weisman, Planamento, Acampora and Lehnert. (Member Dantes left the meeting) This Resolution was duly adopted (4-0). PUBLIC HEARING CONTINUED: 1:10 P.M. HALSEY A. STAPLES/RATSO 25 CORP #7299 — By Morgant Fiedler, Attorney, William Price, Attorney, Colin Ratsey, Owner and Halsey Staples, Applicant. Request for a Special Exception pursuant to Article III, Section 280-13B(1), the applicant is requesting to legalize Page 6—MINUTES Regular Meeting held August 1, 2019 Southold Town Zoning Board of Appeals a storage building altered to an "as-built" two-family dwelling; located, at 1100 Wilmarth Avenue, Greenport, NY. SCTM No. 1000-41-1-15. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento to Adjourn the hearing to the Special Meetingof f August 15 2019 Vote of the Board: Ayes: All. This Resolution was duly adopted (4- 0). (Member Dantes Absent) 1:10 P.M. HALSEY A. STAPLES/RATSO 25 CORP #7213 — By Morgant Fiedler, Attorney, William Price, Attorney, Colin Ratsey, Owner and Halsey Staples, Applicant. (Adj. from November 1, 2018) Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's January 8, 2018, Amended June 19, 2018, Notice of Disapproval based on an application to legalize a pre-existing storage building that has been altered to an "as built" two- family dwelling; 1) located less than the code required minimum front yard setback of 35 feet; 2) located less than the code required minimum side yard setback of 10 feet; 3) located less than the code required combined side yard setback of 25 feet; located, at 1100 Wilmarth Avenue, Greenport, NY. SCTM No. 1000-41-1-15. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento to Adjourn the hearing to the Special Meeting of August 15 2019 Vote of the Board: Ayes: All. This Resolution was duly adopted (4- 0). (Member Dantes Absent) 1:50 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 (4-0). (Member Dantes Absent) 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 Thursday, September 12, 2019 at 8:30 AM. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Member Dantes Absent) RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Acampora to approve Minutes from Special Meeting held July 18, 2019. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Member Dantes Absent) Page 7—MINUTES Regular Meeting held August 1, 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 1:56 P.M. Respectfully sub itted, Kim E. Fuentes / 15/2019 Board Assistant Included by Reference: Filed ZBA Decisions (3) Ir ILI 1A/ ILI slice Kahes We' man, Chairperson Y //'2019 Approved for Filing Resolution Adopted