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Home My WebLink AboutZBA-09/12/2019 BOARD MEMBERS ��®F S0UT�0 Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: AC Eric Dantes :Ns �Q Town Annex/First Floor, Robert Lehnert,Jr. Ol 54375 Main Road(at Youngs Avenue) Nicholas Planamento �COU{ ,� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 9 Fax(631)765-9064 MINUTES REGULAR MEETING THURSDAY, SEPTEMBER 12,2019 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, September 12, 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 8:31 A.M. Chairperson Weisman called the meeting to order. WORK SESSION: A. Requests from Board Members for future agenda items. B. Application for 1605 OSYLLC possible res judicata. C. Request to remove condition from ZBA#5691 approval for Lavender Farm. A letter will be written to respond to the request. D. Gazza, Appeal Nos. 2591 & 2652 Alteration of a barn to a single-family dwelling. A letter will be written to respond to the request. E. Approved the ZBA 2020 final meeting dates. F. Increasing the number of applications heard/calendared per month will take place during the November and December 2019 public hearings in order to reduce the current wait time for applicants. Tentative public hearing on November 7, 2019 at 5:00 p.m. for The Enclaves Draft Environmental Impact Statement and Special Exception. Confirmation to follow. Page 2—MINUTES Regular Meeting held September 12, 2019 Southold Town Zoning Board of Appeals G. Draft written comments from the ZBA to the Town Board on proposed code changes to Accessory Apartments in Accessory Structures were unanimously approved by Board members as written. EXECUTIVE SESSION: 9:45 A.M. Motion was offered by Chairperson Weisman, seconded by Member Lehnert to enter into Executive Session in order to receive Attorney Advice. Vote of the Board: Ayes: Members Weisman, Dantes, Planamento, Acampora and Lehnert. This Resolution was duly adopted (5-0). 9:55 P.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento to exit Executive Session. Vote of the Board: Ayes: Members Weisman, Dantes, Planamento, Acampora and Lehnert. This Resolution was duly adopted ,5-0Z 9:58 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 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): Michael and Mary Heagerty#7308 James Kuhlmann#7310 Silvia Campo and David Hermer#7311 Joseph and Barbara Lazzaro #7312 Karen Kraebel Ahlers #7314SE Karen Kraebel Ahlers #7315 Brian Keller#7319 Frederick Liguori #7318 Robert Yedid#7309 Kevin S. Mcleod and Chun Y Cheung#7313 Vote of the Board: All. This resolution was duly adopted (5-0). Page 3—MINUTES Regular Meeting held September 12, 2019 Southold Town Zoning Board of Appeals POSSIBLE RESOLUTION TO CLOSE THE FOLLOWING HEARINGS: 9:59 A.M. - PATRICK NAGLIERI AND MARGARET MCCONNELL #7300 - 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: Motion was offered by Chairperson Weisman, seconded by Member Planamento to Adjourn the hearing to the Regular Meeting of October 10 2019. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:59 A.M. - FLORENCE VASILAKIS, ALEXANDER VASILAKIS AND DEMETRIOS VASILAKIS #7304 - 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: Motion was offered by Chairperson Weisman, seconded by Member Planamento to Adjourn the hearing to the Regular Meeting of October 10 2019. Vote of the Board: Ayes: All. This Resolution was duly adopted (5- 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 SANTOSHA AFTER 50 #7291 Vote of the Board: Ayes: Members Weisman, Dantes, Planamento, Acampora, and Lennert. Resolutions was duly adopted (5-0). DECISIONS TABLED PATRICK NAGLIERI AND MARGARET MCCONNELL#7300 FLORENCE VASILAKIS, A. VASILAKIS AND D. VASILAKIS #7304 Vote of the Board: Ayes: Members Weisman, Dantes, Planamento, Acampora, and Lehnert. Resolutions was duly adopted (5-0). Page 4—MINUTES Regular Meeting held September 12, 2019 Southold Town Zoning Board of Appeals PUBLIC HEARINGS: 10:02 A.M. - MICHAEL AND MARY HEAGERTY #7308 — By Tom Samuels, Representative. Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and Building Inspector's February 5, 2019, Amended May 6, 2019, Notice of Disapproval based on an application to construct an accessory garage; at, 1) located in other than the code permitted rear yard; 2) located less than the code required front yard setback of 40 feet; 3) located less that the code required rear yard setback of 15 feet; located, at 10550 Nassau Point Road (Adj. to Little Peconic Bay), Cutchogue, NY. SCTM No. 1000-119-1-16, BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento to Close the Hearing and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:10 A.M. - JAMES KUHLMANN #7310 — By Patrick Miceli, Representative and James Kuhlman, Owner. Request for a Variance from Article III, Section 280-15 and Building Inspector's March 14, 2019, Notice of Disapproval based on an application to construct an accessory garage; at, 1) located in other than the code required rear yard; located, at 635 Church Lane, Cutchogue, NY. SCTM No. 1000-96-1-15. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to Close the Hearing and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:19 A.M. — SILVIA CAMPO AND DAVID HERMER #7311 —By Patricia Moore, Esq., Shawn Leonard, Representatives. Jean Moore, neighbor in opposition. Request for Variances from Article XXII, Section 280-116A(1) and Building Inspector's February'20, 2019 Notice of Disapproval based on an application to demolish and reconstruct the existing retaining wall and two accessory decks; at, 1) retaining wall is located less than the code required 100 feet from the top of the bluff, 2) deck is located less than the code required 100 feet from the top of the bluff, 3) deck is located seaward of the top of bluff, not permitted; located, at 3675 Nassau Point Road, (Adj. to Little Peconic Bay) Cutchogue, NY. SCTM No. 1000-111-9-4.2. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to Close the Hearing and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:44 A.M. - JOSEPH AND BARBARA LAZZARO #7312 — By Joseph Olivieri and Jeremy Davis, Representatives. Request for a Variance from Article XXIII, Section 280-124 and Building Inspector's February 8, 2019 Notice of Disapproval based on an application to legalize "as built" additions and alterations to an existing single family dwelling; at, 1) less than the code required minimum front yard setback of 35 feet; located, at 400 Legion Avenue, Mattituck, NY. SCTM No. 1000-142-2-8. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Acampora to Close the Hearing and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). v i Page 5—MINUTES Regular Meeting held September 12, 2019 Southold Town Zoning Board of Appeals 10:48 A.M. - KAREN KRAEBEL AHLERS #73145E — By Nick Mazzaferro, Representative, and Karen Dinizio, Owner. Request for a Special Exception under Article III, Section 280-13B(13). The Applicant is the owners of subject property requesting permission to create an Accessory Apartment in an existing accessory structure, at: 255 Sixth Street, Laurel, NY. SCTM#1000-126-7- 2. BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Planamento to Adjourn the hearing to the Special Meeting of September 26, 2019. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0). 10:48 A.M. - KAREN KRAEBEL AHLERS #7315 - By Nick Mazzaferro, Representative, and Karen Dinizio, Owner. Request for Variances from Article III, Section 280-15 and Building Inspector's April 8, 2019 Notice of Disapproval based on an application to construct additions and alterations to an existing accessory building and convert it to an accessory apartment; at, 1) less than the code required minimum side yard setback of 10 feet; 2) more than the code required maximum height of 20 feet; located, at 255 Sixth Street, Laurel, NY. SCTM No. 1000-126-7-2. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to Close the Hearing and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0). 11:08 A.M. - BRIAN KELLER #7319 — By Brian Keller, Owner. Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's March 26, 2019, Notice of Disapproval based on an application to construct additions and alteration to an existing single family dwelling; at, 1) less than the code required side yard setback of 15 feet; 2) less than the code required total side yard setback of 35 feet; located, at 3300 Reeve Road, Mattituck,NY. SCTM No. 1000-100-1-3. 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 and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:17 A.M. - FREDERICK LIGUORI #7318 — By Robert Herrmann, Owner. Request for a Variance from Article II, Section 280-9A; and the Building Inspector's March 19, 2019, Notice of Disapproval based on a determination of lot recognition, at; 1) less than the code required minimum lot width of 100 feet; located at: 5600 Great Peconic Bay Boulevard, (Adj. to the Great Peconic Bay) Laurel, NY. SCTM#1000-128-2-11. 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). 11:30 A.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes to take a Lunch Break. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0). 1:01 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 (5.0� Page 6—MINUTES Regular Meeting held September 12, 2019 Southold Town Zoning Board of Appeals PUBLIC HEARING CONTINUED: 1:02 P.M. - ROBERT YEDID #7309 — By Bilal Altintoprak, Representative and Robert Yedid, Owner. Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and Building Inspector's March 22, 2019,Notice of Disapproval based on an application to legalize an "as built" accessory swimming pool and an "as built" accessory shed; at, 1) accessory shed located less than the code required side yard setback of 5 feet; 2) accessory shed located less than the code required rear yard setback of 5 feet; 3) "as built" construction is more than the code permitted maximum lot coverage of 20%; located, at 230 Hippodrome Drive, Southold,NY. SCTM No. 1000-66-2-25. BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Planamento to Adjourn the hearing to the Regular Meeting of October 10, 2019. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:38 P.M. - KEVIN S. MCLEOD AND CHUN Y CHEUNG #7313 — By Michael Kimack, Representative and Chun Y McLeod, Owner. Request for Variances from Article XXII, Sections 280-105 and 280-116A(1); and Building Inspector's March 29, 2019 Notice of Disapproval based on an application to construct a pergola addition to an existing single family dwelling and to legalize an "as built" six foot fence at, 1) the pergola is located less than the code required 100 feet from the top of the bluff, 2) the fence is more than the code permitted maximum four (4) feet in height when located in the front yard; located, at 605 Sound View Avenue (Adj. to the Long Island Sound), Mattituck, NY. SCTM No. 1000-94-1-4. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to Close the Hearing and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:53 P.M. - BRAD AND KATHRYN PIECUCH #7288 — (Adj. from July 18, 2019) - by Brad Piecuch, Owner. Opposed by Theresa McClasky and Perry Hindon, Neighbors. 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 Lehnert to Close the Hearing and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 2:19 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). 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, October 10, 2019 at 8:30 AM. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 7—MINUTES Regular Meeting held September 12, 2019 Southold Town Zoning Board of Appeals RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Dantes to approve Minutes from Special Meeting held August 15, 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 Dantes to approve the One Year Extension Request for 46982 Virginia and Michael Bontje, 805 Isalnd View Drive, Greenport, SCTM No. 1000-57-2-23 from October 20, 2019 and to expire on October 20, 2020. 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. Respectfully submi ed, 1 r Kim E. Fuentes /Q,./2019 Board Assistant Inclu by Reference: }led ZBA Decisions (1) RECEIVED ft. I f,J Leslie Karles Weisman, Chairperson 9 //2019 OCT - 11/ 2019 Approved for Filing Resolution Adopted 4G. Sou hold Town Clerk