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Home My WebLink AboutZBA-03/05/2020 BOARD MEMBERS ®��®F S® Southold Town Hall Leslie Kanes Weisman,Chairperson ® 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Alw Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento �C®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, MARCH 5, 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, March 5, 2020 commencing at 8:30 A.M. Present were: Nicholas Planamento, Vice Chair Eric Dantes Robert Lehnert Patricia Acampora William Duffy, Town Attorney Kim Fuentes, ZBA Secretary 8:35 A.M. Vice Chair Planamento called the meeting to order. WORK SESSION: Requests from Board Members for future agenda items. EXECUTIVE SESSION: 8:36 A.M. Motion was offered by Vice Chair Planamento, seconded by Member Dantes to enter into Executive Session in order to receive Attorney Advice. Vote of the Board: Ayes: Members Planamento Dantes Acampora and LehnertThis Resolution was duly adopted (4-0). (Chairperson Weisman absent) 9:36 A.M. Motion was offered by Vice Chair Planamento, seconded by Member Dantes to exit Executive Session. Vote of the Board: Ayes: Members Planamento, Dantes, Acampora and LehnertThis Resolution was duly adopted (4-0) (Chairperson Weisman absent) Page 2—MINUTES Regular Meeting held March 5,2020 Southold Town Zoning Board of Appeals 9:42 A.M. Vice Chair Planamento called the public hearing to order with the Pledge of Allegiance. Motion was offered by Vice Chair Planamento, seconded by Member Lehnert, to open the public hearings section of the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0) (Member Weisman-Chairperson Absent). STATE ENVIRONMENTAL QUALITY REVIEWS; BOARD RESOLUTION: Motion was offered by Vice Chair Planamento, seconded by Member Dantes, 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): Paul Reinckens #7359 Paul Reinckens #7361 SE Mileva Gobic and Dragana Gobic#7374 Joseph Mitchell #7375 Solutions East, LLC#7379 Mildred David#7376 Edward D. Franco #7377 925 Youngs Road, LLC #7378 Beachwood Road 22, LLC #7380 Marley McDermott and Traulane Agrusa#7381 Jeffrey R. Lemler and Anca Lemler#7382 Vote of the Board: All. This resolution was duly adopted (4-0) (Chairperson Weisman was Absent). DELIBERATIONS POSSIBLE DECISION/RESOLUTIONS: GRANT RELIEF AS APPLIED WITH CONDITIONS: WILLIAM GORMAN #7302 Vote of the Board: Ayes: Members Planamento-Vice Chair, Dantes, and Lehnert This Resolution was duly adopted 4-0). (Chairperson Weisman was absent) DECISION TABLED: SUSAN BLAZOWSKI #7365 Page 3—MINUTES Regular Meeting held March 5,2020 Southold Town Zoning Board of Appeals Vote of the Board: Ayes: Members Planamento-Vice Chair, Dantes, and Lehnert This Resolution was duly adopted (4-0). (Chairperson Weisman was absent) PUBLIC HEARINGS: 9:48 A.M. - PAUL REINCKENS 47359 — By Anthony Portillo, Representative, Paul Reinckens, Owner. Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector's October 1, 2019, Amended October 3, 2019 Notice of Disapproval based on an application for a permit to construct a porch addition attached to an existing single family dwelling; 1) located less than the code required minimum combined side yard setback of 25 feet; located at 1065 Hummel Avenue, Southold, NY. SCTM#1000-63-2-26. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Vice Chair Planamento, seconded by Member Dantes to CLOSE the hearing subject to additional information. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 9:48 A.M. - PAUL REINCKENS #7361 SE—By Anthony Portillo, Representative, Paul Reinckens, Owner. Request for a Special Exception under Article III, Section 280-13B(13), the Applicant is the owner of subject property requesting authorization to legalize an Accessory Apartment in an existing accessory structure; and request for a Variance from Article III, Section 280-15; and the Building Inspector's October 1, 2019, Amended October 3, 2019 Notice of Disapproval based on an application for a permit to legalize "as built" additions and alterations to an accessory garage converted in to an "as built" accessory apartment; at, 1) located less than the code required minimum side yard setback of 5 feet; located at 1065 Hummel Avenue, Southold,NY. SCTM#1000-63-2-26. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Vice Chair Planamento, seconded by Member Dantes to CLOSE the hearing subject to additional information. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 10:09 A.M. - MILEVA GOBIC AND DRAGANA GOBIC #7374—Patricia Moore, Representative; Dragana Gobic and Mileva Gobic, Owners. Request for a Waiver of Merger petition under Article II, Section 280-10A, to unmerge land identified as SCTM No. 1000-70-9-35 which has merged with SCTM No. 1000-70-9-36, based on the Building Inspector's October 7, 2019 Notice of Disapproval, which states that anon-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 465 Mailler Court, Southold,NY. SCTM Nos.1000-70-9-3 5 & 1000-70-9-36. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Vice Chair Planamento, seconded by Member Acampora to CLOSE the hearing and reserve decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 10:24 A.M. - JOSEPH MITCHELL#7375 —By Jennifer Wicks, Representative. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's November 13, 2019, Notice of Disapproval based on an application for a permit to legalize an"as-built" front portico Page 4—MINUTES Regular Meeting held March 5,2020 Southold Town Zoning Board of Appeals and roof alteration attached to an existing single family dwelling; at, 1) located less than the code required minimum front yard setback of 40 feet; located at 1380 Corey Creek Lane (Adj. to Corey Creek), Southold, NY. SCTM No. 1000-78-4-18.3. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Vice Chair Planamento, seconded by Member Lehnert to CLOSE the hearing and reserve decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0) (Chairperson Weisman Absent, Member Dantes Recused 10:35 A.M. - SOLUTIONS EAST, LLC #7379—By Patricia Moore, Representative. Alix Pearstein, HOA Member, and Charles Kitts, LLC Member. Request for a Variance from Article III, Section 280-15 and the Building Inspector's November 19, 2019,Notice of Disapproval based on an application for a permit to construct an accessory garage; at, 1) located in other than the code required rear yard; located at 1055 North View Drive, Orient,NY. SCTM No. 1000-13-3-1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Vice Chair Planamento, seconded by Member Acampora to ADJOURN the hearing until April 2, 2020. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 11:03 A.M. -MILDRED DAVID #7376—By Robert Brenner, Representative. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's October 25, 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 minimum side yard setback of 15 feet; located at 3825 Stillwater Avenue (Adj. to Eugene Creek), Cutchogue,NY. SCTM No. 1000-137-1-3.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Vice Chair Planamento, seconded by Member Acampora to CLOSE the hearing and reserve decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 11:18 A.M. - EDWARD D. FRANCO #7377—By Martin Finnegan, Representative. Request for Variances from Article III, Section 280-15; Article XXII, Section 280-105(A); and the Building Inspector's October 18, 2019, Amended October 30, 2019 Notice of Disapproval based on an application for a permit to legalize an"as built" six (6) foot high fence in the front yard of a single family dwelling and to construct accessory mounted solar panels; at, 1)proposed solar panels located in other than the code required rear yard; 2) "as built" fence is more than the code permitted maximum four (4) feet in height when located in the front yard; located at 15919 Route 25, (Adj. to the Long Island Sound) East Marion,NY. SCTM No. 1000-23-1-8.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Vice Chair Planamento, seconded by Member Dantes to CLOSE the hearing and reserve decision. Vote of the Board: Ayes: All. This Resolution was duly adopted 11:30 A.M. Motion was offered by Vice Chair Planamento, seconded by Member Acampora to take a Lunch Break. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 1:04 P.M. Motion was offered by Vice Chair Planamento, seconded by Member Dantes to Page 5—MINUTES Regular Meeting held March 5,2020 Southold Town Zoning Board of Appeals reconvene the public hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted (4.0� PUBLIC HEARING CONTINUED: 1:04 P.M. - 925 YOUNGS ROAD, LLC #7378 —By Meryl Kramer, Representative. Sharon Lesser McGuire, Owner. Robert Hughs, opposed. Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's October 17, 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 rear yard setback of 50 feet; 2) located less than the code required minimum side yard setback of 15 feet; located at 925 Youngs Road, Orient,NY. SCTM No. 1000-18-1-4. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Vice Chair Planamento, seconded by Member Dantes to CLOSE the hearing and reserve decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 1:40 P.M. - BEACHWOOD ROAD 22, LLC #7380—By Robert Herrmann, Meryl Kramer, Representatives. Robert Taylor, in support. Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's November 12, 2019,Notice of Disapproval based on an application for a permit to demolish an existing single family dwelling and build a new single family dwelling; at, 1) located less than the code required minimum total side yard setback of 25 feet; 2) more than the code permitted maximum lot coverage of 20%; located at 545 Beachwood Road (Adj. to the Great Peconic Bay), Cutchogue, NY. SCTM No. 1000-116-4-22. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Vice Chair Planamento, seconded by Member Lehnert to CLOSE the hearing and reserve decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 2:09 P.M. - MARLEY MCDERMOTT AND TRAULANE AGRUSA#7381 —By Nigel Williamson. Request for Variances from Article III, Section 280-15 and the Building Inspector's December 2, 2019,Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool and to legalize an"as-built" accessory deck; at, 1) swimming pool located in other than the code required rear yard; 2) "as built" accessory deck located in other than the code required rear yard; located at 275 Majors Path, Southold, NY. SCTM No. 1000-54-1- 26.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Member Dantes, seconded by Member Lehnert to CLOSE the hearing and reserve decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). (Chairperson Weisman absent, Member Planamento Recused) 2:20 P.M. - JEFFREY R. LEMLER AND ANCA LEMLER#7382—By Erich Schoenenberger, Representative. Request for a Variance from Article III, Section 280-15 and the Building Inspector's November 19, 2019,Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling resulting in a.swimming , 1) located in other than the code required rear yard; located at 320 Broadwaters Road, (AdJAo Broadwaters Cove) Cutchogue, NY. SCTM No. 1000-104-10-6. BOARD RESOLUTION: (Please Page 6—MINUTES Regular Meeting held March 5,2020 Southold Town Zoning Board of Appeals see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Vice Chair Planamento, seconded by Member Dantes to CLOSE the hearing subject to additional information. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 2:34 P.M. - CONO CIMINO #7338 — By Michael Kimack, Chris Alvino, Representatives, Cono Cimino, Owner; Mary Leonardi in support. (Adjourned from December 19, 2019). Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's June 12, 2019, Amended October 4, 2019 and 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 minimum front yard setback of 40 feet; 2) less than the code required minimum rear yard setback of 50 feet; located at 155 West Shore Road, Southold, NY. SCTM No. 1000-80-2-25. BOARD RESOLUTION: A written request for an adjournment was received from the applicant's representative. A motion was offered by Vice Chair Planamento, seconded by Member Acampora to ADJOURN the hearing until March 19 2020. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). RESOLUTIONS: RESOLUTION ADOPTED: Motion was offered by Vice Chair Planamento, seconded by Member Dantes to set the next Regular Meeting with Public Hearings to be held on Thursday, April 2, 2020, at 8:30 AM. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Chairperson Weisman was absent) RESOLUTION ADOPTED: Motion was offered by Vice Chair Planamento, seconded by Member Acampora to approve Minutes from Special Meeting held February 20, 2020. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Chairperson Weisman 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 3:05 P.M. Respectfully sub itte , Kim E. Fuentes r!n /a�°/2020 Board Assistant Includ-eAby Reference: Filed ZBA Decisions (1) DECEIVE® Leslie Kane an,WeismChairperson / 26 /2020 . J U L _ 1 2020 Approved for Filing Resolution Adopted S®u hold 'Town Clerk