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Home My WebLink AboutZBA-01/02/2020 BOARD MEMBERS ��0f 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 • �� Town Annex/First Floor, Robert Lehnert,Jr. O 54375 Main Road(at Youngs Avenue) Nicholas Planamento COU Southold,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, JANUARY 2,2020 A Regular Meeting of the SOUTHOLD TOWN ZONING BOARD OF APPEALS was held at the SOUTHOLD TOWN RECREATION CENTER AT 970 PECONIC LANE, PECONIC, on Thursday, January 2, 2020 commencing at 8:00 A.M. Present were: Leslie Kanes Weisman, Chairperson Eric Dantes, Vice Chair Nicholas Planamento Robert Lehnert Patricia Acampora Kim Fuentes, ZBA Secretary 8:05 A.M. Chairperson Weisman called the meeting to order. ORGANIZATIONAL MEETING. (8:05 A.M. ) Motion was offered by Chairperson Weisman, seconded by Member Planamento to adopt the 2020 ZBA Procedural Guidelines as amended. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Motion was offered by Chairperson Weisman, seconded by Member Acampora to adopt the 2020 ZBA Code of Conduct as written. Vote of the Board: Ayes: All. This Resolution was duly adopted �L-0—Z Motion was offered by Chairperson Weisman, seconded by Member Dantes to adopt the 2020 ZBA Guidelines to Open Meetings Law and Ethical Issues as written. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0 The Board reviewed and approved the templates for writing draft decision and reviewed the meeting dates for 2020. Page 2—MINUTES Regular Meeting held January 2,2020 Southold Town Zoning Board of Appeals The Chairperson appointed Nicholas Planamento for the Vice Chair position of the Board. WORK SESSION (8:30 A.M.): A. Requests from Board Members for future agenda items. B. The Board conducted a conference call with Carrie O'Farrell of Nelson Pope &Voorhis, the Board's Environmental Consultant, to discuss issues related to the pending submission of a Final Environmental Impact Statement(FEIS) from The Enclaves Hotel and Restaurant. 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 (L-0 - 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): Justin and Elizabeth Mirro #7350 Vincenzo and Margherita Posillico #7352 Vincenzo and Margherita Posillico #7353 Robert and Stephanie Swing#7356 John Arcara and Michael Scopellite #7357 Patricia A. Grady, aka Patricia Reddington#7360 Paul and Maria Blazek#7358 Marietta Caravanos #7362 Vote of the Board: All. This resolution was duly adopted (5-0). DELIBERATIONS POSSIBLE DECISION/RESOLUTIONS: ERIN STREETER#7344 Page 3—MINUTES Regular Meeting held January 2,2020 Southold Town Zoning Board of Appeals PUBLIC HEARINGS: 9:41 A.M. - JUSTIN AND ELIZABETH MIRRO #7350 — By Patricia Moore, Attorney and Tom Samuels, Design Professional. Request for a Variance from Article III, Section 280-15; and the Building Inspector's July 3, 2019, Notice of Disapproval based on an application for a permit to maintain an existing accessory garage; at, 1) located in other than the code permitted rear yard; located at 2455 Nassau Point Road, (Adj. to Neck Bay) Cutchogue, NY. SCTM No. 1000-104-13- 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 and reserve decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:47 A.M. -VINCENZO AND MARGHERITA POSILLICO #7352—By Patricia Moore, Attorney and Vincenzo and Margherita Posillico, Applicants. Opposed by Edith Kealy and Mike Kealy. Request for an interpretation pursuant to Article II, Section 280-10; and the Building Inspector's August 20, 2019, Amended August 22, 2019 Notice of Disapproval, based on a re-application for a previously denied waiver of merger to determine whether the subject premises is exempt from the merger provision; at: 650 West Road & 719 Southern Cross Road, Cutchogue, NY. SCTM#'s1000- 110-5-42 & 1000-110-5-43. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento to CLOSE the hearing and reserve decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:19 A.M. - VINCENZO AND MARGHERITA POSILLICO #7353 - By Patricia Moore, Attorney and Vincenzo and Margherita Posillico, Applicants. Opposed by Edith Kealy, Mike Kealy, and David Howe. Request for Variances from Article III Section 280-14; Article XXIII, Section 280-124; and the Building Inspector's August 20, 2019, Amended August 22, 2019 Notice of Disapproval based on an application for a two lot subdivision of merged lots, and to legalize "as built" additions and alterations to an existing single family dwelling; at, 1) both proposed lots will be less than the code required minimum lot area of 40,000 sq. ft.; 2) both proposed lots will be less than the code required minimum lot depth of 175 feet; 3) "as built" additions to the dwelling on Lot 1 is located less than the code required rear yard setback of 50 feet; 4) "as built" additions to the dwelling is located less than the code required side yard setback of 15 feet, at: 650 West Road & 719 Southern Cross Road, Cutchogue, NY. SCTM#'s1000-110-5-42 & 1000-110-5-43. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Acampora to CLOSE the hearing and reserve decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:58 A.M. - ROBERT AND STEPHANIE SWING #7356 — by Jason Simmons, Representative. Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector's September 19, 2019 Notice of Disapproval based on an application for a permit to construct an accessory swimming pool and to legalize an "as built" second story deck addition to an existing single family dwelling at, 1) swimming pool located in other than the code permitted rear yard; 2) more than the code permitted maximum lot coverage of 20%; located at 1745 Bay Shore Road, (Adj. to Pipe's Cove) Greenport, NY. SCTM# 1000-53-4-7. BOARD Page 4—MINUTES Regular Meeting held January 2,2020 Southold Town Zoning Board of Appeals 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). 11:12 A.M. - JOHN ARCARA AND MICHAEL SCOPELLITE #7357 — By John Arcara, Owner. Request for a Variance from Article III, Section 280-15; and the Building Inspector's September 19, 2019, Notice of Disapproval based on an application for a permit to legalize an "as built" accessory pool house; at, 1) located in other than the code permitted rear yard; located at 3905 Wells Road, (Adj. to Richmond Creek) Peconic, NY. SCTM No. 1000-86-2-14. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Acampora to CLOSE the hearing and reserve decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:22 A.M. - PATRICIA A. GRADY, aka PATRICIA REDDINGTON #7360—By Patricia Moore, Attorney, and Michael Grady, Applicant. Request for a Variance from Article III, Section 280-15 and the Building Inspector's August 23, 2019 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool at, 1) located in other than the code permitted rear yard; located at 240 Bittersweet Lane, Cutchogue, NY. SCTM#1000-104-2-7.7. 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). 11:28 A.M. - PAUL AND MARIA BLAZEK #7358 — By John Sbaglia, Representative. Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector's July 30, 2019 Notice of Disapproval based on an application for a permit to construct an addition to an existing single family dwelling; at, 1) located less than the code required rear yard setback of 50 feet; located at 670 Hickory Road, Southold, NY. SCTM No. 1000-54-6-7. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento to CLOSE the hearing and reserve decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:34 A.M. - MARIETTA CARAVANOS #7362 — By Patricia Moore, Attorney, Robert Stromski, Design Professional and Jack Caravanos, Owner. Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's July 31, 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) located less than the code required front yard setback of 40 feet; 2) located less than the code required rear yard setback of 50 feet; located at 3700 Stars Road, East Marion, NY. SCTM#1000-22-2-16. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Acampo'ra to CLOSE the hearing and reserve decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 5—MINUTES Regular Meeting held January 2,2020 Southold Town Zoning Board of Appeals RESOLUTIONS: RESOLUTION ADOPTED: ALEKSANDER MYFTARAGO #7346, 135 Oak Place, Mattituck, NY. SCTM No. 1000-142-1-11. The applicant's design professional, Jeff Zahn, requested, in a letter dated December 31, 2019, that the Board adjourn his client's public hearing to the next available hearing date. A motion was offered by Chairperson Weisman, seconded by Member Planamento to adjourn the public hearing of Aleksander Myftarago #7346 to the Regular Meeting of April 2, 2020. 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, February 6, 2020. 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 approve Minutes from Special Meeting held December 19, 2019. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-01. There being no other business properly coming before the Board at this time, the Chairperson declared the meeting adjourned. The meeting was adjourned at 11:55 A.M. Respectfully su i ed, Kim E. Fuentes IQ /2020 Board Assistant Included by Reference: Filed ZBA Decisions (1) Nich la 1 amento, Vice Chair / /2020 Appro e for Filing Resolution Adopted RECEIVE® & V-LOL' J A N 2 7 202 SOUA-hold 1'on Clerk