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Home My WebLink AboutZBA-02/06/2020 BOARD MEMBERS ��Qf $®ul�® 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. Ol 54375 Main Road(at Youngs Avenue) Nicholas Planamento yc®u►u�,� 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,FEBRUARY 6, 2020 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, February 6, 2020 commencing at 8:30 A.M. Present were: Leslie Kanes Weisman, Chairperson Eric Dantes, Vice Chair Nicholas Planamento Robert Lehnert John Burke, Assistant 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. The Board discussed requests from Bruce Anderson, applicant, to review and amend prior ZBA decisions. Proposed amendments were denied. C. Request for an extension, #7357 John Arcara, to obtain a Building Permit within 30 days from the January 23, 2020 ZBA Decision. A motion will be offered to Grant the applicant a 90 day extension to obtain a building permit. 9:40 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 (4-0) (Member Acampora Absent). Page 2—MINUTES Regular Meeting held February 6,2020 Southold Town Zoning Board of Appeals 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 11 Actions (No further steps- setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests): Eileen and Roy Schumacher#7372 Panayiotis Basios #7364 Susan Blazowski #7365 Judith Evans#7366 338 Bridge Street, Llc#7367 Roberta Alifano #7368 Barbara Becker#7369 QJSG Properties, LLC #7369 Eric Frend#7370 Kendall Todd#7373 Vote of the Board: All. This resolution was duly adopted (4-0) (Member Acampora was Absent). DELIBERATIONS POSSIBLE DECISION/RESOLUTIONS: GRANT RELIEF AS APPLIED WITH CONDITIONS: JUSTIN AND ELIZABETH MIRRO #7350 Vote of the Board: Ayes: Members Weisman, Dantes, Planamento, and Lehnert This Resolution was duly adopted (4-0). (Member Acampora was absent) DECISION TABLED: VINCENZO AND MARGHERITA POSILLICO #7352 VINCENZO AND MARGHERITA POSILLICO 47353 Vote of the Board: Ayes: Members Weisman, Dantes, Planamento, and Lehnert This Resolution was duly adopted (4-0). (Member Acampora was absent) Page 3—MINUTES Regular Meeting held February 6,2020 Southold Town Zoning Board of Appeals PUBLIC HEARINGS: 9:42 A.M. - ROBERT YEDID #7309 — (Adjourned from October 10, 2019) By Pat Moore, Representative, Alyse 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: (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 (4-0). 10:08 A.M. - DONNA M. WEXLER, DONNA M. WEXLER REVOCABLE TRUST AND RODNEY T. QUARTY #7363 - Request for Variances from Article IV, Section 280-18 and the Building Inspector's September 30, 2019 Notice of Disapproval based on an application for a subdivision of merged properties at, 1) both proposed lots will be less than the code required minimum lot area of 40,000 sq. ft.; located at 1275 West Hill Road and 1175 West Hill Road, Southold, NY. SCTM#1000-70-4-22 and 1000-70-4-23. BOARD RESOLUTION: A written request for an adjournment was received from the applicant's representative. A motion was offered by Chairperson Weisman, seconded by Member Dantes to ADJOURN the hearing until Ma�7, 2020. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 10:09 A.M. - EILEEN AND ROY SCHUMACHER#7372—By Patricia Moore, Representative; Roy Schumacher, Owner. Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's October 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) located less than the code required front yard setback of 35 feet (Holden Avenue); 2) located less than the code required front yard setback of 35 feet(Southern Cross Road); located at 980 Southern Cross Road, Cutchogue, NY. SCTM#1000-110-5-49. 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 and reserve decision. Vote of the Board: Ayes: All. This Resolution was duly adopted 4-0). 10:22 A.M. - PANAYIOTIS BASIOS #7364 — By Chris Riviera, Representative. Request for a Variance from Article XXII, Section 280-116A(1) and the Building Inspector's September 25, 2019 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool at, 1) located less than the code required 100 feet from the top of the bluff; located at 2505 Soundview Avenue, (Adj. to the Long Island Sound) Mattituck, NY. SCTM#1000-94-1- 12.2. 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 ADJOURN the hearing to February 20, 2020. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Page 4—MINUTES Regular Meeting held February 6,2020 Southold Town Zoning Board of Appeals 10:31 A.M. - SUSAN BLAZOWSKI #7365 —By Steven Siliato, Representative; Susan Blazowski, Owner. Request for a Waiver of Merger petition under Article II, Section 280-10A, to unmerge land identified as SCTM No. 1000-70-8-41 which has merged with SCTM No. 1000-70-8-40, based on the Building Inspector's October 18, 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 75 Clearview Avenue, Southold, NY. SCTM Nos.1000-70-8-40 & 1000-70-8-41. 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 20, 2020. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 10:50 A.M. - JUDITH EVANS #7366—By Jennifer DelVaglio, Representative. Request for a Variance from Article III, Section 280-15 and the Building Inspector's September 18, 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 required rear yard; located at 1120 Willow Drive, Greenport,NY. SCTM#1000-40-2-6.8. 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 and reserve decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). (Member Acampora Absent; Member Dantes Recused) 10:56 A.M. - BRYAN NICHOLSON AND SCOTT BOGER#7367—By John Farrell, Representative; Scott Boger, Owner. Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's August 27, 2019, Amended December 6, 2019 Notice of Disapproval based on an application for a permit to construct a single family dwelling at, 1) located less than the code permitted side yard setback of 10 feet; 2) located less than the code permitted combined side yard setback of 25 feet, located at 155 Bridge Street, Greenport,NY. SCTM#1000-34-3-45. 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 and reserve decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 11:07 A.M. - ROBERTA ALIFANO #7368 —By Eileen Wingate, Representative. Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's October 16, 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 permitted rear yard setback of 35 feet; 2) located less than the code permitted side yard setback of 10 feet, located at 1500 Grand Avenue, Mattituck,NY. SCTM#1000-107-3-13. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Page 5—MINUTES Regular Meeting held February 6,2020 Southold Town Zoning Board of Appeals Chairperson Weisman, seconded by Member Dantes to CLOSE the hearing and reserve decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 11:16 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 (4-0). 1:10 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 dull adopted (4-0). PUBLIC HEARING CONTINUED: 1:10 P.M. - BARBARA BECKER#7369—By Martin Finnegan, Representative. Request for a Variance from Article XXII, Section 280-105C(3) and the Building Inspector's October 18, 2019 Notice of Disapproval based on an application for a permit to construct a deer fence at, 1) more than the code required maximum four(4) feet in height when located in the front yard, located at 38015 NYS Route 25, (Adj. to the Long Island Sound) Orient,NY. SCTM#1000-15-2-15.8. 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 CLOSE the hearing and reserve decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 1:10 P.M. QJSG PROPERTIES, LLC #7371 —By Martin Finnegan, Representative. Request for a Variance from Article XXII, Section 280-105C(3) and the Building Inspector's October 18, 2019 Notice of Disapproval based on an application for a permit to construct a deer fence at, 1) more than the code required maximum four (4) feet in height when located in the front yard, located at 38015 NYS Route 25, (Adj. to the Long Island Sound) Orient,NY. SCTM#1000-15-2-15.7. 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 (4-0). 1:26 P.M. - ERIC FREND 47370 - Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's October 7, 2019, Amended October 30, 2019 Notice of Disapproval based on an application for a permit to construct an accessory shed at, 1) more than the code permitted maximum lot coverage of 20%, located at 3690 Great Peconic Bay Blvd., Laurel, NY. SCTM#1000-128-6-6. BOARD RESOLUTION: A written request for an adjournment was received from the applicant. A motion was offered by Chairperson Weisman, seconded by Member Dantes to ADJOURN the hearing until April 2 2020. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Page 6—MINUTES Regular Meeting held February 6,2020 Southold Town Zoning Board of Appeals 1:30 P.M. - KENDALL TODD #7373 — By Kendall Todd, Owner. Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's November 6, 2019 Notice of Disapproval based on an application for a permit to demolish an existing dwelling and construct a single family dwelling at, 1) located less than the code required front yard setback of 35 feet); 2) located less than the code required rear yard setback of 35 feet; located at 670 Bayview Drive, (Adj. to Spring Pond) East Marion, NY. SCTM#1000-37-5-3. 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 ADJOURN the hearing to February 20, 2020. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 1:42 P.M. —WILLIAM GORMAN#7303SE—(Adjourned from December 5, 2019) By Michael Kimack, Representative; William Gorman, Owner. 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 CLOSE the hearing and reserve decision. Vote of the Board: Ayes: All. This Resolution was duly adopted 4-0). (Note: Applicant has agreed to submit a letter of withdrawal to the Board) 1:42 P.M. - WILLIAM GORMAN#7302—(Re-opened on December 19, 2019) By Michael Kimack, Representative; William Gorman, Owner. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's March 18, 2019, Amended December 2, 2019 Notice of Disapproval based on an application to construct a front porch addition to an existing single family dwelling currently under construction(BP#42160) and to alter an existing building to an accessory storage building; at, 1) Dwelling is located less than the code required minimum front yard setback of 40 feet; 2) Accessory structure is located in other than the code permitted rear yard, 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 CLOSE the hearing and reserve decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 2:12 P.M. - JOAN COOKE#7342—(Adjourned from December 5, 2019) By Patricia Moore, Representative; Joan Cooke, Owner. Opposed Frank Beaury and Maureen Beaury. 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 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 Planamento to CLOSE the hearing and reserve decision. Vote of the Board:-Ayes: All. This Resolution was duly adopted (4-0). Page 7—MINUTES Regular Meeting held February 6,2020 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, March 5, 2020, at 8:30 AM. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Member Acampora was absent) RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Planamento to approve Minutes from Special Meeting held January 23, 2020. Vote of the Board: Ayes: All. This Resolution was duly adopted 4-0). (Member Acampora was absent) RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Planamento to Grant a Ninety (90) Day Extension beginning February 23, 2020, expiring on May 23, 2020 for Appeal No. 7357, January 23, 2020, of John Arcara and Michael Scopellite, 3905 Wells Road,-Peconic NY, SCTM No. 1000-116-4-16.4. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0).(Member Acampora was absent) There being no other business properly coming before the Board at this time, the Chairperson declared the meeting adjourned. The meeting was adjourned at 2:53 P.M. Respectfully sub itted, ,--4 1- - - Kim E. Fuentes /AD /2020 Board Assistant Inc ud y Reference: Filed ZBA Decisions (1) Leslie Kanes Weisman, Chairperson -/ /2020 Approved for Filing Resolution Adopted RECEIVED C .5q ffit� FEB 24 2001 0 Sou hold Town C1 rk� , �':