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Home My WebLink AboutZBA-10/10/2019 BOARD MEMBERS - ��®F S0(�jy® Southold Town Hall Leslie Kanes Weisman,Chairperson ,`O l® 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 yCOU NT`1,� 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, OCTOBER 10, 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, October 10, 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 8:40 A.M. Chairperson Weisman called the meeting to order. WORK SESSION: A. Requests from Board Members for future agenda items. B. Request to Amend Condition ZBA #7014 Captain Red's Marine Sales. The applicant has requested that existing sheds not be required to be removed from the premises until after a permit is issued, and prior to the issuance of a certificate of occupancy, since the sheds currently store business equipment. C. Request for an extension #7148 McGoldrick to obtain a Certificate of Occupancy. A motion will be offered to Grant the applicant a 30 day extension to obtain a building permit and certificate of occupancy, since all outside agency approvals have been received. 9:43 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 October 10,2019 Southold Town Zoning Board of Appeals hearings section of the meeting. Vote of the Board: Ayes: All. This Resolutio was duly adopted STATE ENVIRONMENTAL QUALITY REVIEWS; BOARD RESOLUTION: Motion was offered by Chairperson Weisman seconded by Member Acampora, to declare the following applications as Type II Actions aid not subject to environmental review pursuant to State Environmental Quality Review (SEQ ) 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 ipartmentibed and breakfast requests): Elizabeth Thompson and Marianne Fahs #7328 Elizabeth Thompson and Marianne Fahs #7329 Richard and Siobhan Hans #7320 Richard and Siobhan Hans #7321 William Harney 47322 Joseph and Dana Triolo #7324 James M. Baker and Diane M.-Baker#7323 William and Kerry Mogavero #7326 460 Oysterponds Lane, LLC, Ann Ffolliott#7327 Brion Lewis 47325 Vote of the Board: All. This resolution was duly adopted (5-0). POSSIBLE RESOLUTION TO CLOSE THE FOLLOWING HEARINGS: 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 anew single family dwelling; at, 1) located less than the code required minimum front yard setbck 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 Lehnert to CLOSE .the hearing and reserve decision. Vote of the Board Ayes: All. This Resolution was duly adopted (5-0) FLORENCE VASILAKIS, ALEXANDER VASILAKIS AND DEMETRIOS VASILAKIS #7304 —(Adjourned from September 12, 2019) 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 ac essory 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 Page 3—MINUTES Regular Meeting held October 10,2019 Southold Town Zoning Board of Appeals Sound) Southold, NY. SCTM No. 1000-135-1-6. BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Dantes to Adjourn the hearing to the Regular Meeting of November 7, 2019. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0) KAIZEN KRAEBEL AHLERS 97314SE —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 Lehnert to CLOSE the hearing and reserve decision. 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: RELIEF GRANTED AS APPLIED WITH CONDITIONS PATRICK NAGLIERI AND MARGARET MCCONNELL #7300 KAREN KRABEL AHLERS 47314SE KAREN KRAEBEL AHLERS #7315 Vote of the Board: Ayes: Members Weisman, Dantes Planamento Acampora and Lehnert. Resolutions was duly adopted 5-0Z DECISIONS TABLED 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). PUBLIC HEARINGS: 9:50 A.M. - ELIZABETH THOMPSON AND MARIANNE FAHS #7328 — By Elizabeth Thompson, owner. Burt Liebert, opposed. Request for a Variance from Article XXII, Section 280- 105 and the Building Inspector's May 1, 2019, Notice of Disapproval based on an application to construct an 8 foot deer fence; at, 1) more than the code required maximum 4 feet in height when located in the front yard; located at 1655 Old Farm Road, Orient, NY. SCTM No. 1000-26-4-1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to Close the Hearing and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 4—MINUTES Regular Meeting held Octobei 10,2019 Southold Town Zoning Board of Appeals 9:50 A.M. - ELIZABETH TI40MPSON AND MARIANNE FAHS 97329 — By Elizabeth Thompson, owner, Burt Liebert, opposed. Request for a Variance from Article XXII, Section 280- 105 and the Building Inspector's May 1, 2019, Notice of Disapproval based on an application to construct an 8 foot deer fence; at, 1) more than the code required maximum 4 feet in height when located in the front yard; located at 1325 King Street, Orient, NY. SCTM No. 1000-27-3-4.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to Close the Hearing and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:10 A.M. - RICHARD AND SIOBHAN HANS #7320 — By Bruce Anderson, Representative. Request for a Variance from Article III, Section 280-15 and the Building Inspector's April 2, 2019, Notice of Disapproval based on an application for a permit to legalize "as built" additions and alterations to an existing accessory garage; at, 1) less than the code required side yard setback of 10 feet; located at 2125 Pine Tree Road, (Adj. to Little Creek) Cutchogue, NY. SCTM No. 1000-98-1- 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 Planamento to Adjourn the hearing to the Special Meeting of October 24, 2019. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:10 A.M. - RICHARD AND SIOBHAN HANS #7321 — by Bruce Anderson, Representative. Request for an interpretation pursuant to Article III, Section 280-13(C); and the Building Inspector's April 2, 2019 Notice of Disapproval based on an application for a permit to legalize "as built" additions and alterations to an existing accessory garage, at; 1) as to whether "as-built" construction of finished space in an existing accessory garage is permitted accessory use; at: 2125 Pine Tree Road, (Adj. to Little Creek) Cutchogue, NY. SCTM No. 1000-98-1-13. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento to Adjourn the hearing to the Special Meeting of October 24, 2019. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:25 A.M. - WILLIAM HARNEY #7322 —By Robert Brown, Architect. Request for a Variance from Article III, Section 280-15 and the Building Inspector's April 24, 2019,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 front yard setback of 50 feet; located at 4015 Main Bayview Road, Southold, NY. SCTM No. 1000-78-2-16. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Acampora to Close the' Hearing and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5- 10:32 A.M. - JOSEPH AND DANA TRIOLO #7324 —By Robert Brown, Architect. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's May 28, 2019, 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 front yard setback of 35 feet; located at 420 Beachwood Lane, (Adj. to Goose Creek) Southold, NY. SCTM No. 1000-70-10-54. Page 5—MINUTES Regular Meeting held October 10,2019 Southold Town Zoning Board of Appeals 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). 10:40 A.M. - JAMES M. BAKER AND DIANE M. BAKER #7323 — By Stephen Ham, Representative. Request for Variances from Article III, Section 280-14 and the Building Inspector's May 13, 2019,Notice of Disapproval based on an application to permit a lot line change to create a two non-conforming lots, 1) lot 1 proposed at less than the code required minimum lot size of 120,000 sq. ft.; 2) lot 2 proposed at less than the code required lot width of 200 feet;,located at 1143 Peninsula Road, (Adj. to Darbies Cove) Fishers Island, NY. SCTM Nos. 1000-10-5-10 and 1000-10-5-12.3. 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). 10:45 A.M. - WILLIAM AND KERRY MOGAVERO #7326 — By William Mogavero, owner. Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's April 8, 2019 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling; at, 1) located less than the required front yard setback of 40 feet; 2) located less than the required side yard setback of 15 feet; located at 11485 Sound Avenue, Mattituck, NY, SCTM No. 1000-141-3-9. 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 and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:55 A.M. Motion was offered by Chairperson Weisman, seconded by Member Lehnert to take a Lunch Break. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:05 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). PUBLIC HEARING CONTINUED: 1:05 P.M. - 460 OYSTERPONDS LANE, LLC, ANN FFOLLIOTT #7327 — By Frederick Weber, Architect. Support from John Dispensa. Request for a Variance from Article XXIII, Section 280- 124 and the Building Inspector's May 15, 2019, Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling and move an existing accessory garage; at, 1) less than the code required side yard setback of 10 feet; located at 510 Oysterponds Lane, Orient, NY. SCTM No. 1000-24-1-4.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento to Close the Hearing and Reserve Decision. Vote of the Board. Ayes: All. This Resolution was duly adopted(5-0). Page 6—MINUTES Regular Meeting held October 10,2019 Southold Town Zoning Board of Appeals 1:14 P.M. - BRION LEWIS #7325 — By Brooke Epperson, Representative. Request for Variances from Article III, Section 280-15; Article XXII, Section 280-116A(1); Article XXIII, Section 280- 124; and the Building Inspector's May 1, 2019, Amended May 31, 2019 Notice of Disapproval based on an application for a permit to construct additions and alterations to an "as built" accessory building, legalize an "as built" accessory garden shed and an accessory deck, and construct additions and alteration to an existing single family dwelling; at, 1) accessory building located less than the code required front yard setback of 50 feet; 2) accessory building located less than the code required side yard setback of 15 feet; 3) "as built" accessory garden shed located less than the code required side yard setback of 15 feet; 4) "as built" accessory deck located less than the code required 100 feet from the top of the bluff, 5) single family dwelling located less than the required side yard setback of 20 feet; 6) single family dwelling located less than the required 100 feet from the top of the bluff, located at 62615 County Road 48, (Adj. to Long Island Sound) Greenport, NY, SCTM No. 1000-40-1-8. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento to Adjourn the hearing to the Special Meeting of October 24, 2019. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:33 P.M. - WILLIAM GORMAN #7303SE — By Michael Kimack, Representative, and William Gorman, Owner. (Adjourned from August 15, 2019) 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 Planamento to Adjourn the hearing to the Regular Meeting of December 5, 2019. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 2:05 P.M. - ROBERT YEDID #7309 — By Robert Yedid, owner and Bilal Altintoprak, Representative. (Adjourned from September 12, 2019) 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: (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 Regular Meeting of February 6 2020. Vote of the Board: Ayes- All This Resolution was duly adopted (5-0). 2:50 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 dull adopted (5-0). Page 7—MINUTES Regular Meeting held October 10,2019 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 Thursday, November 7, 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 Dantes to approve Minutes from Special Meeting held September 26, 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 authorize advertising for the Public Hearing of the Special Exception Application and the Draft Environmental Impact Statement for the Enclaves Hotel and Restaurant to be held on November 7, 2019 at 5:00 P M., Town Meeting Hall, 53095 Main Road, Southold, NY. 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 AMEND condition #2 on ZBA Determination #7014 Captain Red's Marine Sales dated April 6, 2017 from "The six storage sheds on the property must be removed prior to the issuance of a building permit," to read as follows: "The six storage sheds on the property must be removed prior to the issuance of a Certificate of Occupancy." 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 Grant a Thirty (30) Day Extension beginning October 10, 2019, expiring on November 9, 2019 for Appeal No. 7148, dated June 21, 2019, of Neil and Amy McGoldrick, 1671 Meadow Beach Lane, Mattituck, SCTM No. 1000-116-4-16.4. 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 2:50 P.M. Resp ctfully ubmitt d, �1 Kim E. Fuentes /0 /a' /2019 Board Assistant IPs eference: Filed ZBA Decisions (3) RECEIVED Weisman, Chairperson /0 /2019 0 CT 2 S 2019 Approved for Filing Resolution Adopted e S® hold T®v�rn Clerk