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Home My WebLink AboutZBA-07/09/2020 BOARD MEMBERS t®F $o(/ Southold Town Hall Leslie Kanes Weisman,Chairperson lifo 53095 Main Road•P.O.Box 1179 Southold,NY 11971-09.59 Patricia Acampora Office Location: Eric Dantes v, Town Annex/First Floor, Robert Lennert,Jr. • COQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento ��yCOUNTY Southold,NY 11971 http://soutlioldtowiiny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 •Fax(631)765-9064 / MINUTES REGULAR MEETING THURSDAY, JULY 9, 2020 Due to public health and safety concerns related to COVID-19, and in accordance with the Governor's Executive Order 202.1, the July 9,2020 Zoning Board of Appeals meeting was held via ZOOM WEBINAR beginning at 10:00 AM. Present were: Leslie Kanes Weisman, Chairperson Nicholas Planamento Patricia Acampora Eric Dantes Robert Lehnert William Duffy, Town Attorney Kim Fuentes, ZBA Secretary Elizabeth Sakarellos, Office Assistant Donna Westermann, P/T Office Assistant Louis Bekofsky, VHB Engineering Matt Hogan, VHB Engineering 10:00 A.M. Chairperson Weisman called the meeting to order. 10:00 A.M. Chairperson Weisman called the public hearing to order. A 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 (5-0) 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: Page 2—MINUTES Regular Meeting held July 9,2020 Southold Town Zoning Board of Appeals A. Type II Actions (No further steps- setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests): Rhoda M. Urman and Stephen Spiller#7383 Paul M. Fried and Elizabeth O'Brien Fried#7385SE 860 Bayview Drive, LLC #7386 Minton Irrevocable Trust#7388 Maureen Benic#7389 Eric Frend#7370 Anthony Nappa#7406 Solutions East, LLC #7379 Alexandra Baumrind#7393 Alexandra Baumrind#7394 Rimor Development, LLC, Harvest Point Condominium#7398 Erik Smith#7400 Vote of the Board: All. This resolution was duly adopted (5-0). B. WHEREAS, the Southold Town Planning Board declares Lead Agency status for the SEQRA review of the special exception application of HARD CORNERS PROPERTIES, LLC #7387; i THEREFORE BE IT, RESOLVED, the Town of Southold Planning Board performed an uncoordinated review of, HARD CORNERS PROPERTIES, LLC #7387, and determined this Action as Unlisted pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, as it does not meet any of the thresholds of a Type 1 Action, nor does it meet any of the criteria on the Type II List of Actions. PUBLIC HEARINGS: 10:13 AM - RHODA M. URMAN AND STEPHEN SPILLER #7383 — By Erich Schoenenberger, Architect. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's December 11, 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 front yard setback of 35 feet; located at: 85 Lake Court, Southold, NY. SCTM No. 1000-59-5-8.3. 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 CLOSE and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0). 10:29 A.M. - PAUL M. FRIED AND ELIZABETH O'BRIEN FRIED #7385SE — By Paul Fried and Elizabeth O'Brien Fried, Owners. Request for a Special Exception under Town Code Article III, Section 280-13B(13), the Applicants are the owners of subject property requesting authorization to legalize an Accessory Apartment in an existing accessory structure; located at 1050 Hyatt Road, Southold, NY. SCTM#1000-50-1-13.1. BOARD RESOLUTION: (Please see transcript of written Page 3—MINUTES Regular Meeting held July 9,2020 Southold Town Zoning Board of Appeals statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Acampora to CLOSE subject to receipt of additional information. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Member Planamento Recused). 10:40 A.M. - 860 BAYVIEW DRIVE, LLC #7386—By Michael Kimack, Representative. Request for a Variance from Article III, Section 280-15F and the Building Inspector's January 6, 2020 Notice of Disapproval based on an application for a permit to legalize an "as-built" accessory garage; at, 1) less than the code required minimum front yard setback of 40 feet; located at 860 Bayview Drive, (Adj. to Spring Pond) East Marion, NY. SCTM No. 1000-37-5-10.1. 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 and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:50 A.M. - MINTON IRREVOCABLE TRUST #7388 — By Michael Kimack, Representative. James Minton and Thomas Minton, Owners. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's January 17, 2020 Notice of Disapproval based on an application for a permit to legalize "as-built" additions and alterations to an existing single family dwelling; at 1) less than the code required minimum rear yard setback of 35 feet; located at: 5194 Great Peconic Bay Blvd, Laurel, NY. SCTM No. 1000-128-2-20. 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 and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:02 A.M. - MAUREEN BENIC #7389 — By Eileen Wingate, Representative, Boris Benic, Owner. Request for a Variance from Article III, Section 280-15 and the Building Inspector's November 21, 2019 Notice of Disapproval based on an application for a permit to legalize an "as- built" accessory pergola; at 1) located in other than the code required rear yard; located at: 375 North Parish Drive, (Adj. to Southold Bay) Southold, NY. SCTM No. 1000-71-1-4. 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 and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:13 A.M. - ERIC FREND #7370 — By Martin Finnegan, Attorney. 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: (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 and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-02 11:21 A.M. - ANTHONY NAPPA #7406 — By Anthony Nappa, Owner. Request for a Variance from Article III, Section 280-15 and the Building Inspector's January 28, 2020, Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming Page 4—MINUTES Regular Meeting held July 9,2020 Southold Town Zoning Board of Appeals pool; at, 1) located in other than the code required rear yard; located at: 425 Jacobs Lane, Southold, NY. SCTM No. 1000-88-1-1.5. 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 and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). 11:26 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 (5-0 1 1:00 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: 1:17 P.M. - SOLUTIONS EAST, LLC #7379 — (Adj. from March 5, 2020) By Patricia Moore, Attorney. Charles Kitts, Owner. Opposition by Jesse Gordon and Alixander Pearlstein, Neighbors. 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 permitted 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 Chairperson Weisman, seconded by Member Planamento to CLOSE subject to receipt of an amended survey. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0) 2:22 P.M. - ALEKSANDER MYFTARAGO #7346 — (Adjourned from January 2, 2020) By Jeff Zahn, Architect. Request for Variances from Article IV, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector's July 30, 2019, Amended January 17, 2020 Notice of Disapproval based on an application for a permit to legalize an "as built" accessory garage and demolish an existing single family dwelling and construct a new single family dwelling; at, 1) accessory garage located less than the code required minimum rear yard setback of 3 feet; 2) accessory garage located less than the code required minimum side yard setback of 3 feet; 3) construction more than the code permitted maximum lot coverage of 20%; 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 CLOSE subject to an amended survey and building plans Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 2:34 P.M. - ALEXANDRA BAUMRIND #7393 —By Kevin Reardon, Representative. Request for a Variance from Article XXII, Section 280-105 and the Building Inspector's January 2, 2020, Notice of Disapproval based on an application to construct an 8 foot deer fence; at, 1) more than the code permitted maximum four (4) feet in height when located in the front yard; located at 1965 Mulberry Street, Cutchogue, NY. SCTM No. 1000-83-2-12.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, Page 5—MINUTES Regular Meeting held July 9,2020 Southold Town Zoning Board of Appeals motion was offered by Chairperson Weisman, seconded by Member Acampora to CLOSE subject to an amended survey. Vote of the Board: Ayes: All. This Resolution was dull adopted 5-0). 2:34 P.M. - ALEXANDRA BAUMRIND #7394 —By Kevin Reardon, Representative. Request for a Variance from Article XXII, Section 280-105 and the Building Inspector's January 2, 2020, Notice of Disapproval based on an application to construct an 8 foot deer fence; at, 1) more than the code permitted maximum four (4) feet in height when located in the front yard; located at 2215 Mulberry Street, Cutchogue, NY. SCTM No. 1000-83-2-12.2. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Acampora to CLOSE subject to an amended survey. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 2:54 P.M. - RIMOR DEVELOPMENT, LLC, HARVEST POINT CONDOMINIUM #7398 — By Henry Alia, Representative. Request for a Variance from Article XXII, Section 280-105A and the Building Inspector's January 23, 2020 Notice of Disapproval based on an application for a permit to construct a 10 foot high fence surrounding a tennis court; at 1) more than the code permitted four (4) feet in height when located in the front yard; located at: 51 Millstone Lane (Harvest Point Lane), Cutchogue, NY. SCTM No. 1000-102-1-33.8. 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 and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 3:07 P.M. - ERIK SMITH #7400 —By Jennifer DelVaglio, Representative. Request for a Variance from Article III, Section 280-15 and the Building Inspector's January 31, 2020 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: 280 Homestead Way, Greenport, NY. SCTM No. 1000-40-2-11. 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 CLOSE and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0). 3:13 P.M. - HARD CORNERS PROPERTIES, LLC 47387 — By Robert Brown, Architect and Charles Scalise, Owner. Support by George Tietjen. Opposition by Andrea Weiss, Richard Moore, Ruth Metcalf, Greta Schiller and Lisa Schiller. Request for a Variance from Article X, Section 280-46 and the Building Inspector's January 14, 2020 Notice of Disapproval based on an application to construct a mixed-use commercial building with accessory apartments and four single family dwellings upon a 99,208 sq. ft. parcel; at, 1) one commercial and four residential uses upon a single parcel measuring less than the minimum allowed 100,000 sq. ft. in total area; located at: 53530 Main Road, Southold, NY SCTM NO. 1000-61-4-1. 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 to July 16 2020 Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Member Planamento Recused) Page 6—MINUTES Regular Meeting held July 9,2020 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, August 6, 2020, at 10:00 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 Planamento to approve Minutes from Special Meeting held June 25, 2020. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). There being no other business properly coming before the Board at this time, the Chairperson declared the meeting adjourned. The meeting was adjourned at 4:12 P.M. Respectfully sub tted, Kim E. Fuentes 7 /)7 /2020 Board Assistant Included by Reference: Filed ZBA Decisions (0) es ie Kanes Weisman, Chairperson /7 7 /2020 Approved for Filing Resolution Adopted RECEIVE® !' F Q r-L J U L 2 9 2020 S®u hold Town Clerk