HomeMy WebLinkAboutZBA-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
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