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Home My WebLink AboutZBA-11/07/2019 BOARD MEMBERS ®��®F S®Ury®� Southold Town Hall Leslie Kanes Weisman,Chairperson ® 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �p� Town Annex/First Floor, Robert Lehnert,Jr. ` 54375 Main Road(at Youngs Avenue) Nicholas Planamento COU NT`I+� 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,NOVEMBER 7, 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, November 7, 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 Carrie O'Farrell, Environmental Consultant,Nelson Pope &Voorhis 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. The Board Members were reminded that the Town Attorney, William Duffy, will present Case Law Training at 4:00 P.M. on November 21, 2019. C. Carrie O'Farrell, of Nelson, Pope, Voorhis, the Board's Environmental Consultant, will meet with the Board at 4:00 P.M. before this evening's 5:00 P.M. public hearing of The Enclaves, Draft Environmental Impact Statement and Special Exception. 9:38 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 November 7,2019 Southold Town Zoning Board of Appeals hearings section of the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (La 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 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): Phillip and Linda Kermanshahchi #7330 Alvaro Martinez-Fonts #7332 Daniel J. Pacella and Catherine A. Pacella #7333 Steven and Jaci Osdoby #7331 John and Kimberly Keiserman #7334 Jean and Robert Rogers #7335 Elias and Jeannine Kassapidis #7336 John McCall#7337 Thomas Geise and Paulette Garafalo #7339 Gregory and Barbara Wood#7354 Paul Pawlowski #7349 Susan and Timothy Milano 47293 Vote of the Board: All./This resolution was duly adopted (5-0). POSSIBLE RESOLUTION TO CLOSE THE FOLLOWING HEARINGS: FLORENCE VASILAKIS, ALEXANDER VASILAKIS AND DEMETRIOS VASILAKIS #7304 (Adjourned from October 10, 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 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 Dantes to Adjourn the hearing to the Regular Meeting of February 6, 2020. Vote of the Board: Ayes: All. This Resolution was duly adopted 5- Page 3—MINUTES Regular Meeting held November 7,2019 Southold Town Zoning Board of Appeals PUBLIC HEARINGS: 9:41 A.M. - PHILLIP AND LINDA KERMANSHAHCHI #7330 — By Patricia Moore, Attorney. Request for a Variance from Article IV, Section 280-14 and the Building Inspector's May 17, 2019, Notice of Disapproval based on an application for a permit to legalize an "as built" second story on an existing single family dwelling; at, 1) less than the code required front yard setback of 60 feet; located at 7213 Great Peconic Bay Blvd., Laurel, NY. SCTM No. 1000-126-10-1.2. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Dantes to Close the Hearing, Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:59 A.M. - ALVARO MARTINEZ-FONTS #7332 — By Patricia Moore, Attorney. Alfonzo Martinez-Fonts and Alicia Martinez-Fonts in support. Request for a Waiver of Merger petition under Article II, Section 280-10A, to unmerge land identified as SCTM No. 1000-111-6-5 which has merged with SCTM No. 1000-111-6-6, based on the Building Inspector's May 2, 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 2405 and 2495 Vanston Road, Cutchogue, NY. SCTM Nos.1000-111-6-5 & 1000-111-6-6. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento to Close the Hearing, Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:35 A.M. - DANIEL J. PACELLA AND CATHERINE A. PACELLA #7333 — By Patricia Moore, Attorney. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's May 30, 2019, Notice of Disapproval based on an application for a permit to legalize "as built" additions and alterations to an existing single family dwelling; at, 1) less than the code required rear yard setback of 50 feet; located at 25 Moose Trail, Cutchogue, NY. SCTM No. 1000- 103-4-3. 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, Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:45 A.M. - STEVEN AND JACI OSDOBY #7331 — By Bruce Anderson, Representative; Jaci Osdoby, Owner. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's June 11, 2019,Notice of Disapproval based on an application for a permit to reconstruct a deck attached to an existing single family dwelling; at, 1) less than the code required side yard setback of 15 feet; located at 605 Bay Shore Road, (Adj. to Pipes Creek) Greenport, NY. SCTM No. 1000-53-3-8. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Dantes to Close the Hearing, Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 4—MINUTES Regular Meeting held November 7,2019 Southold Town Zoning Board of Appeals 10:55 A.M. - JOHN AND KIMBERLY KEISERMAN #7334 — By Robert Herrmann, Representative. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's June 19, 2019, Notice of Disapproval based on an application for a permit to make additions and alterations to an existing single family dwelling; at, 1) more than the code permitted maximum lot coverage of 20%; located; at: 1170 Willow Terrace Lane, (Adj. to Orient Harbor), Orient, NY. SCTM No. 1000-26-2-23. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Dantes to Close the Hearing, Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:12 A.M. - JEAN AND ROBERT ROGERS #7335 —by Steve Affelt, Representative. Opposed by Lena Forosich. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's May 9, 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 rear yard setback of 50 feet; located; at: 420 Schooner Drive, (Adj. to canal connected to the Long Island Sound) Cutchogue, NY. SCTM No. 1000-71-2-9. 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, Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:22 A.M. - ELIAS AND JEANNINE KASSAPIDIS #7336 — By Martin Finnegan, Attorney. Comments from Stephen Ham, Attorney at Law. Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's May 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 side yard setback of 15 feet; 2) less than the code required combined side yard setback of 35 feet; 3) more than the code permitted maximum lot coverage of 20%; located at: 1055 Sound View Road (Adj. to Long Island Sound), Orient, NY. SCTM No. 1000-15-3-13. 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 Adjourn the Hearinjj to December 5, 2019. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:45 A.M. - JOHN MCCALL #7337 — By Stephen Ham, Attorney. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's April 18, 2019, Notice of Disapproval based on an application for a permit to legalize an "as built" deck addition to an existing single family dwelling; at, 1) less than the code required side yard setback of 10 feet; located at: 1073 Montauk Avenue, Fishers Island, NY. SCTM No. 1000-10-8-1.1. 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 Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5- 11:55 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). Page 5—MINUTES Regular Meeting held November 7,2019 Southold Town Zoning Board of Appeals 1:12 P.M. Motion was offered by Chairperson Weisman, seconded by Member Lehnert to reconvene the public hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0 . PUBLIC HEARING CONTINUED: 1:12 P.M. — GREGORY AND BARBARA WOOD #7354 — By Anthony Portillo, Representative. Request for Variances from Article XXIII, Section 280-124; and the Building Inspector's September 3, 2019 Notice of Disapproval based on an application for a permit to construct a patio roof, at 1) located less than the code required rear yard setback of 50 feet; 2) more than the code permitted maximum lot coverage of 20%; located at 840 Marlene Drive, Mattituck,NY SCTM No. 1000-143-2-20.1. 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, Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:20 P.M. — THOMAS GEISE AND PAULETTE GARAFALO #7339 — By Patricia Moore, Attorney. Tom Geise, Owner. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's June 20, 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 side yard setback of 15 feet; located at: 2195 Nassau Point Road, (Adj. to Hog Neck Bay) Cutchogue, NY. SCTM No. 1000-104-13-4. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Acampora to Close the Hearing, Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:30 P.M. — PAUL PAWLOWSKI #7349 - By Paul Pawlowski, Owner. Request for Variances from Article X, Section 280-46; Article XXIII, Section 280-127; and the Building Inspector's August 7, 2019 Notice of Disapproval based on an application for a permit to alter an existing single family dwelling into offices with an accessory apartment and for the pre-existing accessory cottage to be converted into a single family dwelling; at 1) more than one use proposed upon a lot measuring less than 20,000 sq. ft. in area, not permitted; 2) single family dwelling located less than the code required side yard setback of 15 feet; 3) single family dwelling located less than the code required rear yard setback of 35 feet; located at 715 Pike Street, Mattituck, NY SCTM No. 1000- 140-2-22. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Acampora to Close the Hearing Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:35 P.M. — SUSAN AND TIMOTHY MILANO #7293 — By Frank Uellandahl, 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 11, 2019, Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling and construct an accessory swimming pool; at, 1) swimming pool located in other than the code required rear yard; 2) additions located less than the code permitted side yard setback of 15 e Page 6—MINUTES Regular Meeting held November 7,2019 Southold Town Zoning Board of Appeals feet; 3) additions located less than the code required 100 feet from the top of the bluff, located at 745' Aquaview Avenue, (Adj. to Long Island Sound) East Marion, NY. SCTM No. 1000-21-2-9. 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, 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 Acampora to set the next Regular Meeting with Public Hearings to be held on Thursday, December 5, 2019 at 8:30 AM. Vote of the Board: Ames: All. This Resolution was duly adopted (5-0). RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Lehnert to approve Minutes from Special Meeting held October 24, 2019. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 2:00 P.M. Motion was offered by Chairperson Weisman, seconded by Member Lehnert to recess until this evening's hearing. Vote of the Board: Ayes: All. This Resolution was duly dopted (5- 0-- 4:00 P.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento to reconvene the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0). WORK SESSION: At 4:00 P.M., the Board met with Carrie O'Farrell of Nelson, Pope &Voorhis to discuss the Public Hearings of the Enclaves Hotel and Restaurant Environmental Impact Statement and the Special Exception. PUBLIC HEARING CONTINUED: 5:08 P.M. — Request for Special Exception and the Draft Environmental Impact Statement (DEIS) prepared for The Enclaves Hotel and Restaurant #7046 — By Charles Cuddy, Attorney; Andrew Giambertone, Ron Hill, Tammy Cunha, Paul Grosser and Sean Harkin, William Bowman Representatives. In support were Nancy Mazur, William Witzke, Brian Brady, Linda Sweeney and Lilnda Carson. Opposed were Abigail Field, Ann Murray, Charles Gueli, Anthony Forgione, Connie Lassandro, Joyce Berry, Lauren Berry, Marilyn Marx, and Maureen Hoyt. The project is 6.75 acres and is located on the north side of Main Road +/-90 feet west of the intersection of Main Page 7—MINUTES Regular Meeting held November 7,2019 Southold Town Zoning Board of Appeals Road and Town Harbor Lane. The property address is 56655 Main Road, Southold. Plans include the conversion of an existing two-story home into a 74-seat restaurant and construction of a 44-unit hotel, including four detached cottages upon a parcel located at 56655 Main Road, Southold, NY, particularly known as Suffolk County Tax Map No. 1000-63-3-15. BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Lehnert to CLOSE the hearing of the Draft Environmental Impact Statement, subject to remaining open 30 days, from the closing of the hearing, for written comment to end December 9, 2019; and to ADJOURN the Special Exception without a date. Vote of the Board: Ayes: All, This Resolution was duly adopted 5-0 . The aforementioned legal notice also instructs the reader that a copy of the Draft Environmental Impact Statement is available for public review at the town's website (https://www.southoldto)ynnX.govo or can be directly accessed from the Town's Weblink/Laserfiche file at http://southoldtownny.gov/1298/Environmental-Impact-Statement. There being no other business properly coming before the Board at this time, the Chairperson declared the meeting adjourned. The meeting was adjourned at 7:42 P.M. Respectfully sub fitted, l Kim E. Fuentes I 1-21 /2019 Board Assistant Include Refe ence: Fil ZBA Decisions (0) RECEIVED NOV 2 2 2099 Leslie Kanes Weisman, Chairperson ,r /4 /2019 e4i�94 01, Souold Town Clerk Approved for Filing Resolution Adopted `