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Home My WebLink AboutZBA-12/05/2019 BOARD MEMBERS ��®F S0(/j�o Southold Town Hall Leslie Kanes Weisman,Chairperson ,`O l0 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes aQ Town Annex/First Floor, Robert Lehnert,Jr. Ol 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, DECEMBER 5,2019 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, December 5, 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 8:45 A.M. Chairperson Weisman called the meeting to order. WORK SESSION: A. Requests from Board Members for future agenda items. B. Case Law Training this afternoon is cancelled C. Re-schedule Case Law Training by William Duffy, Town Attorney at 3:00 P.M. on December 19, 2019. D. Reminder: Board Training on Comprehensive Plan by Heather Lanza, Planning Director to be held on December 19, 2019 at 4:00 PM. ' E. Interior Inspection of Appeal #7357 for pool house scheduled for December 18, 2019. F. Possibly extend written comment period regarding the Public Hearing of the DEIS for The Enclaves Hotel & Restaurant. The Board determined that this extension was not required, so therefore, the extension was dismissed. G. Review the additions and alteration to the Peconic Bay Yacht Club, review an amended site plan to demolish a deck and extend the dining area 662 sq. ft. and consider adopting a Resolution to Amend the Special Exception ZBA No. 6589, dated September 20, 2012. Page 2—MINUTES Regular Meeting held December 5,2019 Southold Town Zoning Board of Appeals 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 hearings section of the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-01 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 apartmentibed and breakfast requests): Cono Cimino #7338 William Todd Jeffcoat#7351 Tracy Peck and David Corbett#7340 1605 OSYL, LLC #7348 - Joan Cooke#7342 Erin Streeter#7344 935 Sound Beach Drive, LLC #7341 Frank and Joanne Gumper#7355 Michael and Debra Hahn#7345 Aleksander Myftarago #7346 Laurene Herwald#7347 Vote of the Board: All. This resolution was duly adopted 5-0). POSSIBLE RESOLUTION TO CLOSE THE FOLLOWING BEARINGS: 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 Acampora to CLOSE the hearing and reserve decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 3—MINUTES Regular Meeting held December 5,2019 Southold Town Zoning Board of Appeals PUBLIC HEARINGS: 9:38 A.M. - CONO CIMINO #7338 — By Michael Kimack, Representative and Cono Cimino, Owner. Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's June 12, 2019, Amended October 4, 2019 Notice of Disapproval based on an application for a permit to construct additions and alterations to a single family dwelling; at, 1) less than the code required front yard setback of 40 feet; 2) less than the code required rear yard setback of 50 feet; located at 155 West Shore Road, Southold, NY. SCTM No. 1000-80-2-25. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to Adjourn the Hearing to December 19, 2019. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:58A.M. - WILLIAM TODD JEFFCOAT #7351 — By Michael Kimack, Representative. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's August 7, 2019, Notice of Disapproval based on an application for a permit to legalize an "as built" porch reconstruction attached to a single family dwelling; at, 1) located less than the code required front yard setback of 40 feet; located at 2795 Bay Avenue, Mattituck , NY. SCTM No. 1000-144-5-2. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento to CLOSE the hearing and reserve decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:04 A.M. - TRACY PECK AND DAVID CORBETT #7340 — By Patricia Moore, Attorney and David Corbett, Owner. Request for a Variance from Article III, Section 280-15 and the Building Inspector's June 14, 2019, Notice of Disapproval based on an application for a permit to demolish an existing dwelling and construct a new single family dwelling; at, 1) existing accessory garage is located in other than the code permitted rear yard; located at 1305 Sigsbee Road, Mattituck, NY. SCTM No. 1000-144-2-6. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to CLOSE the hearing and reserve decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:12 A.M. - 1605 OSYL, LLC #7355 — By Michael Kimack, Representative. Mario Sule in Support. Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's August 13, 2019, Notice of Disapproval based on an application for a permit to construct additions and alterations to a single family dwelling; 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 1605 Shipyard Lane, Southold , NY. SCTM No. 1000-64-5-30. 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). 10:27 A.M. - JOAN COOKE #7342 — By Patricia Moore, Attorney, Donald Feiler, Design Professional, Joan Cooke, Owner. Francis Beaury, Julie Laudato and Susan Comroski opposed. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's June 11, Page 4—MINUTES Regular Meeting held December 5,2019 Southold Town Zoning Board of Appeals 2019, Notice of Disapproval based on an application for a permit to amend an existing building permit #42432Z for additions and alterations to a single family dwelling; at,,1) less than the code required front yard setback of 35 feet; located at 2205 Bay Avenue, East Marion, NY. SCTM No. 1000-31-17-6. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson' Weisman, seconded by Member Lehnert to Adjourn the Hearing to February 6, 2019. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:42 A.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora to take a short break. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:50 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 (L-0-1 11:50 A.M. - ERIN STREETER#7344 — By Patricia Moore, Attorney, Erin Streeter, Owner. Bob Gammon and Catherine Stokes in support. Request for Variances from Article IV, Section 280-18 and the Building Inspector's May 10, 2019, Notice of Disapproval based on an application for a subdivision to re-create two previously legal lots merged by Town Law; at, 1) proposed lot will be less than the code required minimum lot area of 40,000 sq. ft.; 2) proposed lot will be less than the code required minimum lot width of 150 feet; 3) proposed lot will be less than the code required lot depth of 175 feet; located at 400 & 650 Town Creek Lane, (Adj. to Town Creek) Southold, NY. SCTM No. 1000-64-1-14.5 & 14.6. 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 CLOSE the hearing subject to receipt of documentation by the applicant's representative and Fire Marshal comments. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). 12:35 P.M. - 935 SOUND BEACH DRIVE, LLC #7341 — By Chris Georghiou, Representative. Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124 and the Building Inspector's June 10, 2019, Notice of Disapproval based on an application for a permit to legalize "as built" additions to an existing single family dwelling and legalize an"as built" shed; at, 1) as built construction located less than the code required front yard setback of 40 feet; 2) as built construction located less than the code required side yard setback of 15 feet; 3) as built shed is located in other than the code permitted rear yard; located at 935 Sound Beach Drive, Mattituck, NY. SCTM No. 1000-106-1-43, 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). 12:45 P.M. - FRANK AND JOANNE GUMPER #7348 — By Patricia Moore, Attorney and Frank Gumper, Owner. Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's July 15, 2019,Notice of Disapproval based on an application for a permit to legalize "as Page 5—MINUTES Regular Meeting held December 5,2019 Southold Town Zoning Board of Appeals built" additions and alterations to a single family dwelling; at, 1) located less than the code required side yard setback of 10 feet; 2) located less than the code required rear yard setback of 35 feet; 3) more than the code permitted maximum lot coverage of 20%; located at 2400 Minnehaha Blvd., (Adj. to Corey Creek) Southold , NY. SCTM No. 1000-87-3-58. 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). 1:13 P.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora to take a Lunch Break. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0. 1:53 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: 1:53 P.M. - MICHAEL AND DEBRA HAHN #7345 — by Gennero Cozzolino, Representative. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's June 26, 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 code required minimum side yard setback of 15 feet; located at 1250 Vanston Road, Cutchogue, NY. SCTM No. 1000-111- 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). 1:56 P.M. - ALEKSANDER MYFTARAGO #7346 —By Aleksander Myftarago, Owner. Request for Variances from Article IV, Section 280-15 and the Building Inspector's July 30, 2019 Notice of Disapproval based on an application for a permit to legalize an "as built" accessory garage; at, 1) located less than the code required minimum rear yard setback of 3 feet from the rear yard property line; 2) located less than the code required setback of 3 feet from the side yard property line; located at 135 Oak Place, Mattituck, NY. SCTM No. 1000-142-1-11. 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 ADJOURN the hearing to January 2, 2020. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 2:12 P.M. - LAURENE HERWALD #7347—by Laureen Herwald, Owner. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's July 26, 2019, Notice of Disapproval based on an application for a permit to legalize an "as built" deck addition attached to an existing single family dwelling; at, 1) located less than the code required side yard setback of 15 feet; located at 105 Krause Road, Mattituck, NY. SCTM No. 1000-122-5-8. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After Page 6—MINUTES Regular Meeting held December 5,2019 Southold Town Zoning Board of Appeals 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). 2:20 P.M. - WILLIAM GORMAN #7303SE — (Adjourned from October 10, 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 Lehnert to ADJOURN the hearing to February 6,2020. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 2:44 P.M. - ELIAS AND JEANNINE KASSAPIDIS #7336 —(Adjourned from November 7, 2019) Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector's April 1, 2019, Amended November 14, 2019, Notice of Disapproval based on an application, for a permit to demolish an existing dwelling and reconstruct a 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%; 4) swimming pool located in other than the code required rear yard; 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 Acampora to CLOSE the hearing and 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 Dantes to set the next Regular Meeting with Public Hearings to be held on Thursday, January 2, 2020 and to be held in the Southold Town Recreation Center at 970 Peconic Lane, Peconic, 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 Lehnert to approve Minutes from Special Meeting held November 21, 2019. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). RESOLUTION ADOPTED: RESOLVED, the Zoning Board of Appeals, pursuant to Town Code Section 280-131B.(4)(b) and Special Exception decision No. 6589SE, dated September 20, 2012;` hereby GRANTS permission for the Peconic Bay Yacht Club to make alterations to the structure located at 64300 NYS Route 25, ±424 feet west of Dolphin Drive, Greenport, SCTM No. 1000-56- 7-2 and'1000-56-7-4 as depicted on the Amended Site Plan entitled"Peconic Bay Yacht Club Addition", prepared by Frederick R. Weber, R.A., dated September 12, 2019 and approved by the Town of Southold Planning Board on December 2, 2019 in Southold Planning Board resolution dated December 3, 2019. Page 7—MINUTES Regular Meeting held December 5,2019 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 3:36 P.M. Respectfully submitted, Kim E. Fuentes 11 / 19 /2019 Board Assistant Included by Reference: Filed ZBA Decisions (0) XeslieKanesWeisman, Chairperson 12L/ /2019 Approved for Filing Resolution Adopted RECEIVED DEC 2 6 2019 Sou old Town Clerk