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HomeMy WebLinkAboutZBA-06/25/2020 Hearing June 25, 2020 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS COUNTY OF SUFFOLK: STATE OF NEW YORK --------------------------------------------------------------------------------------- TOWN OF SOUTHOLD ZONING BOARD OF APPEALS --------------------------------------------------------------------------------------- Zoom Webinar Video Conferencing Southold, New York ZBA Special Meeting June 25, 2020 (Decisions for the March 5, 2020 Public Hearing) 4:00 P. M. Board Members Present: LESLIE KANES WEISMAN - Chairperson/Member PATRICIA ACAMPORA—Member ERIC DANTES—Member ROBERT LEHNERT—Member NICHOLAS PLANAMENTO—Member KIM FUENTES—Board Assistant ALAN BELNIAK—VHB Consultant WILLIAM DUFFY—Town Attorney LOU BEKOFSKY—VHB Consultant ELIZABETH SAKARELLOS—Office Assistant DONNA WESTERMANN —Office Assistant 1 June 25, 2020 CHAIRPERSON WEISMAN : Hello everyone and welcome to the Southold Town Zoning Board of Appeals Special Meeting for Thursday, June 25th. My name is Leslie Weisman and I'm the Chairperson of the Zoning Board of Appeals. We're going to allow just a few extra minutes now for people to join and then we'll get started very soon so thanks for your patience be right back shortly. Okay I think we'll get started now. This special meeting is being held virtually via the Zoom on line platform. Pursuant to New York Governor Andrew Cuomo's executive order 202.1, in person access by the public will not be permitted. This meeting is public however it does not constitute a public hearing and testimony from the public may not be solicited or received. The public will have access to view and listen to the meeting as it's happening via Zoom. If you don't have access to a computer or smart phone there's an option to listen in via telephone.That phone number is 1-646-558-8656. Details about how to tune into the meeting are on the town's website at httpwwwsoutholdtownny.gov/calendar.aspx or you can call the ZBA office at 631-765-1809 for help. In addition a recording of this meeting will air on channel 22 and will be posted on the town's website. To all those with applications on this afternoon's agenda we know that you've been waiting for a long time since March in fact for us to render our decisions and on behalf of all of the members of the Board of Appeals and the entire ZBA staff I want to thank our consultants VHB, Alan Belniak and Louis Bekofsky and the Supervisor and Town Board for enabling us to get back to work remotely via Zoom so that we can serve the public until it's safe for all of us to meet again in person and I want to thank-you all for your patience as we adopt to a new standard for conducting our meetings on-line in light of the current health pandemic. Before we get started on today's agenda I want to welcome Alan Belniak Senior Product Manager at VHB who will review the format and guidelines for Zoom participation, Alan. ALAN BELNIAK : Thank you Leslie. So for this special meeting we just want to make sure that anyone of the attendees or the applicant or a member of the applicant team is here, please just use the chat sorry please use the Q&A feature which is located at the bottom of your screen and just let us know your first name and your last name and which hearing you're here for. This way we can adjust the order of the items on the agenda accordingly. During this meeting we are not taking necessarily Q&A or commentary so if you do have questions that you would like to submit to the Board you can please feel free to email them and we can display that email on the screen at the end of the meeting so it's easier to copy down. I will read it off right now though, it's Kimf@southoldtown.gov and we will put that on the screen later on for you to write down and with that I'd like to hand it back over to Leslie to proceed with the agenda. CHAIRPERSON WEISMAN : Thank you Alan. The first item on the agenda is a possible resolution to close the following hearing, that is for Cono Cimino application #7338 adjourned from the March 5th Public Hearing and I'm going to make a motion to close that up. I believe we have everything in order that we require and I'm.going to ask if someone will second that motion. 2 June 25, 2020_ MEMBER LEHNERT : I'll second that. CHAIRPERSON WEISMAN : Member Lehnert seconds that motion. Kim will you please do the roll call. BOARD SECRETARY : Member Acompora how do you vote? MEMBER ACAMPORA : I vote aye. BOARD SECRETARY : Member Acompora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD SECRETARTY : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT :Aye. BOARD SECRETARY : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD SECRETARY : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD SECRETARY : Chairperson Weisman votes-aye. CHAIRPERSON WEISMAN : 'The motion carries the motion is closed. Now we go on to the deliberations on drafts. The first draft before the Board is for Susan Blazowski #7365. Rob would you walk us through that draft please. MEMBER PLANA'MENTO : Leslie I'm sorry, Nigel is here'so maybe you want me to recuse myself and you deal with Nigel first. CHAIRPERSON WEISMAN : Is that Agrusa? MEMBER PLANAMENTO : Agrusa. If it's Nigel. On my screen is shows Nigel is an attendee. CHAIRPERSON WEISMAN : Well what I would do would be to ask him to confirm that he is here for that application. ALAN BELNIAK : Okay one second Nigel I've opened your mic if you wanted,to share with us your full first and last name,just take yourself off mute please. NIGEL WILLIAMSON : Hi, Nigel Robert Williamson P. 0. Box 1758 Southold, New York 11971. 3 June 25, 2020 ALAN BELNIAK : Thank you Nigel, so Nick according to that do you need to recuse yourself or MEMBER PLANAMENTO : I didn't;hear him say that he's here for Agrusa but NIGEL WILLIAMSON : Oh sorry I'm here for Agrusa and McDermott 275 Majors Path Southold, New York. MEMBER PLANAMENTO : So Leslie this is Nick speaking, if you would allow me Nigel is here so I'll recuse myself and I'm going to turn off my video and other stuff. Alan if you could give me a holler when it's okay to return, I look forward to hearing from you. ALAN BELNIAK : I would do so, thank you Nick. MEMBER PLANAMENTO : I'm so recused. CHAIRPERSON WEISMAN : Okay well Nigel you'll know that as a courtesy when someone is here for a particular agenda item this one happened to have been number ten on our agenda- I generally try to move those applications forward for our deliberations so that you don't need to remain the entire time of the meeting unless you so choose to do. So let's all get our drafts out for ZBA file 7381 Marley McDermott and Traulane Agrusa located on Majors Path. Pat can you review that application for'us please. MEMBER ACAMPORA :Sure,the applicant requested variances to construct an accessory pool,in the ground pool and to legalize an as built accessory deck. The proposed swimming pool and the as built accessory deck were not permitted according to the Article and Section 280-15 which states that accessory buildings and structures shall be located in the rear yard. The survey that we were given shows the proposed accessory pool and as built deck are located in the front yard. The benefit sought by the applicant really cannot be achieved by some other feasible method. Due to the merger of the two lots, two front yards were created and there's no conforming rear yard to locate the pool or the deck. So I make a motion to grant the variance as applied for and shown on the survey map which was given to us and subject to the following conditions that the pool mechanicals shall be placed in a sound deadening enclosure, the dry well for the pool de- watering shall be installed and the town code compliant fence surrounding the in-ground swimming pool shall be installed, so moved. MEMBER DANTES : Second. CHAIRPERSON WEISMAN : Seconded by member Dantes. Will you please call the roll Kim. BOARD SECRETARY : Member Acompora how do you vote? r MEMBER ACAMPORA :Yes. 4 _.� June 25, 2020 x BOARD SECRETARY : Member Acompora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD SECRETARTY : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. BOARD SECRETARY : Member Lehnert votes aye. Member Planamento how do you vote? CHAIRPERSON WEISMAN : He's recused. BOARD SECRETARY : Oh sorry, recused. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD SECRETARY : Chairperson Weisman votes aye. M1 CHAIRPERSON WEISMAN :Vote is complete the motion carries. ALAN BELNIAK : I will bring Nick back in the meeting so Nick you should be able to rejoin with audio and video so let's give Nick a moment to join. Alright Nick welcome back. CHAIRPERSON WEISMAN : Okay well then we'll go back to the other order. We're going to begin with the Blazowski draft. Rob you were going to give us a little background on what's involved with that application. MEMBER LEHNERT : This is a merged property due to the Building Inspector's Notice of Disapproval that didn't recognize them as single and separate lots. We did a lot of background information, change of titles and going back a long way and basically what we're doing we're offering a resolution to overturn the Notice of Disapproval. CHAIRPERSON WEISMAN : Just to simply add that there was a building permit issued by the Building Department for a conforming dwelling and a Department of Health sanitary permit issued for the subject lot so our records reflect that in fact the Building Department has recognized in the past these lots as single and separate.So would you like to make a motion Rob? MEMBER LEHNERT : I'm going to make a motion to overturn the Building Department's Notice of Disapproval. CHAIRPERSON WEISMAN : Alright is there a second? MEMBER PLANAMENTO : Member Nick Planamento seconds this. CHAIRPERSON WEISMAN : Kim please call the roll. 5 June 25, 2020 BOARD SECRETARY : Member Acompora how do you vote? MEMBER ACAMPORA : Yes. BOARD SECRETARY : Member Acompora votes aye. Member Dantes how do you vote? MEMBER DANTES : Yes. BOARD SECRETARTY : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. BOARD SECRETARY : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD SECRETARY : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD SECRETARY : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : The motion carries. Next application the next draft before the Board we have two from the same applicant. One is #7359 Paul Reinckens this application is for two variances and we have application #7361SE which is a Special Exception permit. Rob will you tell us a bit about the one with the two variances first. MEMBER LEHNERT : The two variances the applicant requests a variance to construct a porch addition to an existing family dwelling where the side yard setback is less than the 25 foot minimum combined and they want to legalize as built additions and alterations to an accessory garage converted to an as built apartment with a side yard setback of 1.2 feet where the code requires a minimum of 5 feet. I'm making a motion a resolution to grant the variance the variances applied for on the site plan by AMP Architecture. CHAIRPERSON WEISMAN : Okay any discussion on that? There was one sentenced I thought might be useful to add to Town Law II if you turn to that page please. We addressed the fact that the benefit could not be achieved by a method other than a variance for the covered porch. In that determination in that draft rather but we didn't address the garage and I think we need to add a sentence that the as built accessory garage converted to an apartment an accessory apartment cannot be moved to a conforming location because it's on a foundation and would be unreasonably create an unreasonable financial hardship for the applicant and also it has previously existed based upon you know a Pre C.O. so I would just simply just make that an addition if that's alright with the Board. 6 June 25,2020 MEMBER LEHNERT`:That's fine. MEMBER ACAMPORA : Fine. CHAIRPERSON WEISMAN : Just to make sure we address both variances, all the standards for both variances. MEMBER LEHNERT:And we also with a few conditions,the applicant shall furnish the Board with a signed and sealed site plan affidavit,from a licensed professional stating that the existing sanitary system is capable of servicing the existing house and the as built accessory apartment and the other one is the front porch addition shall remain opened and not enclosed for habitable space. - CHAIRPERSON WEISMAN : Making a motion. MEMBER ACAMPORA : Member Acampora seconds the motion. CHAIRPERSON WEISMAN : Okay thank you, Kim please call the roll. BOARD SECRETARY : Member Acompora how do you vote? MEMBER ACAMPORA : Yes. BOARD SECRETARY : Member Acompora votes aye. Member Dantes how do you vote? MEMBER DANTES :Yes. BOARD SECRETARTY : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. BOARD SECRETARY : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD SECRETARY : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD SECRETARY : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN :'Motion carries. Thank you everyone, we'll go on to the Special Exception permit. This is to legalize an as built accessory apartment in an accessory garage that was converted. Rob do you have anything you'd like to add to this? 7 June 25, 2020 MEMBER LEHNERT : The owner supplied all the relevant information, drivers licenses, proof of residency, leases everything that was required of us. We have the usual conditions and a review by-,the Code Enforcement Officer and the same thing about the sanitary system has to go with this one. CHAIRPERSON WEISMAN : Would you just read what that is Rob please. MEMBER LEHNERT : The applicant shall furnish the Board with a signed and sealed site plan affidavit from a licensed professional stating that the existing sanitary system is capable of servicing the existing house and the as built accessory apartment. CHAIRPERSON WEISMAN : Very good do you want to make a motion? MEMBER LEHNERT: I make a motion that we grant this Special Exception. CHAIRPERSON WEISMAN : Is there a second? MEMBER ACAMPORA :,Member Acampora will second. CHAIRPERSON WEISMAN : Kim please call the roll. BOARD SECRETARY : Member Acompora how do you vote? MEMBER ACAMPORA : Yes. BOARD SECRETARY : Member Acompora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD SECRETARTY : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. - BOARD SECRETARY : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD SECRETARY : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN :Aye. BOARD SECRETARY : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : Motion carries. I see that we have someone in attendance that I'd like to find out what application that person is here for or applications so that we may possibly move the agenda items around for their convenience. 8 June 25, 2020 ALAN`BtL'NIAK: Okay, Patricia Moore I've opened your mic to let you speak if you wantto unmute and let us know if you're here to just in general observation or if you are here for a specific agenda item. If you'd like to share unmute your mic please and let us know. I sent the command. You can't automatically unmute we can just send the request so I sent the request and she can either not be finding the command or might just not want to. Might just want to just hear pay attention to all of them so I'll just try once more. Patricia I'm going to send the command to unmute your mic if you care to share please do so otherwise we'll continue with the agenda as we have it. MEMBER PLANAMENTO : Leslie Pat Moore is probably here for Gobic anyway. CHAIRPERSON WEISMAN : I would assume so, I just want to confirm it. ALAN BELNIAK : Okay we don't know for sure so CHAIRPERSON WEISMAN : Well you know what, as it turns out that application that draft is next anyway so we'll just go ahead with that one because we're assuming she's interested in that application. So this one is application,#7374 Mileva Gobic and Dragana Gobic and Nick do you want to run us through this draft? MEMBER PLANAMENTO : This application is for a waiver of merger for a property located in Smithfield Park subdivision dated 1966. The applicant Mileva Gobic and Dragana Gobic purchased the property in 1982 in separate names. They've owned the property prior to the merger law when it went into effect in 1983.They supplied substantial documentation indicating the property has been held in separate title, that they haven't made any improvements. The lot is in its wooded original state. Furthermore it conforms to almost fifty properties or fifty other lots in the subdivision. They were surprised honestly to find out that the lots had merged, they do not live locally and they were never noticed. Having said that I would like to present to or make a motion to grant the waiver of merger to subdivide not to subdivide but to recognize the two independent lots. CHAIRPERSON WEISMAN : It's important to note that they were actually that this particular subdivision was actually on the exempt list although that list was then later removed I believe at a closer date than to the present. Alright so we have a motion to grant the waiver of merger as MEMBER PLANAMENTO : and it's subject to the following conditions which I did not share, that the proof of the waiver of merger was effective by way of a recorded deed from the applicant to a separate individual or entity conveying title to that portion of the property known as SCTM#1000-70-9-36 and that it be provided to the Zoning Board of Appeals within two (2) years of the date of this decision. Failure.to comply with the condition will result in the nullification of the waiver of lot merger granted herein.Additionally a second condition is that when the subject parcel when either parcel is developed that the Suffolk County Board of Health approved 9 June 25, 2020 - wastewater system should be an innovative Alternative Wastewater Treatment System and three (3) that in the event an approval is granted subject to conditions the approval shall not be deemed effective until the required conditions have been met and failure to comply with will render the approval null and void. r CHAIRPERSON WEISMAN : Alright so we have a motion before us to grant the waiver of merger with conditions, is there a second? MEMBER LEHNERT : I'll second that. CHAIRPERSON WEISMAN : Member Lehnert seconds the motion. Kim will you please call for the vote. BOARD SECRETARY : Member Acompora how do you vote? MEMBER ACAMPORA :Yes. BOARD SECRETARY : Member Acompora votes aye. Member Dantes how do you vote? MEMBER DANTES :Yes. BOARD SECRETARTY : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. BOARD SECRETARY : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD SECRETARY : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD SECRETARY : Chairperson Weisman votes aye. Motion carries. I see that we have Martin Finnegan here let's just find out what's going on if there's any ALAN BELNIAK : Martin I have sent a command to unmute your mic if you want to unmute and , share with us if you're here for a particular item or just observing in general. MARTIN FINNEGAN :Yea hi good afternoon. I'm here for the Franco matter. ALAN BELNIAK : Alright the Franco matter Leslie. CHAIRPERSON WEISMAN :Yes that's what I assumed.That's going to be Martin what we're going to do is move this forward so that you don't have to wait unless you choose to do so. 10 June 25, 2020 MARTIN FINN�GAN : No I'd appreciate that Leslie,thank you. " ALAN BELNIAK : So Martin I'm going to put your microphone back on mute and you can observe and we'll move your item to the top of the list. Thank you. CHAIRPERSON WEISMAN : So if everyone would please get out their draft for application #7377 Edmond Franco. So Rob why don't you review what's in this proposed draft. MEMBER LEHNERT : This is to legalize an as built six (6) foot high fence in the front yard which shall not exceed four'(4)feet.The variance is also requesting to construct ground mounted solar panels in the front yard of a waterfront property with a front yard setback of 34 feet where 60 feet is required. The fence you couldn't even see it from the road. This whole thing is set back from the road and the solar array again in the best location for maximum sun exposure. Again you would never see this from the road and we have letters from two of the adjacent neighbors who support the application. CHAIRPERSON WEISMAN :And I would simply add they wouldn't see it because it's 550 feet from the Main Rd. MEMBER LEHNERT:Yea and it's on a waterfront property so they have to put it in the front yard. CHAIRPERSON WEISMAN : But the other thing about it is that that fence that's along a right of way which is the sort of second road is a beach access for just a few other houses and they really need it for privacy from other adjacent neighbors. MEMBER LEHNERT :And like I said we have letters from the adjacent neighbors that support the application. CHAIRPERSON WEISMAN : Anything else from anybody, comments, changes? Okay, Rob make a motion. MEMBER LEHNERT : I'm going to make a motion we grant the variance as applied for showing the survey by Nat Corwin. CHAIRPERSON WEISMAN : Okay is there a second? MEMBER DANTES : I second it. CHAIRPERSON WEISMAN : Kim will you please call the roll. BOARD SECRETARY : Member Acompora how do you vote? MEMBER ACAMPORA :Yes. 11 June 25, 2020 BOARD SECRETARY : Member Acompora votes aye. Member Dantes h-ow do you vote? MEMBER DANTES : Aye. BOARD SECRETARTY : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. BOARD SECRETARY : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD SECRETARY : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD SECRETARY : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : Motion carries unanimously. The next application that we're going to talk about and deliberate #7375 Joseph Mitchell. Nick will you tell us what the relief requested is please. i MEMBER DANTES : I'm recused from that one. CHAIRPERSON WEISMAN : Oh I'm sorry Eric I forgot. Eric is recused so Alan can you just he's goine away. ALAN BELNIAK : Eric I will let you know when you're ready to join. CHAIRPERSON WEISMAN : Thank you so much. MEMBER PLANAMENTO : I forgot about that too. I thought I was the only one for March. In either case Joseph Mitchell is applying for variance relief for an as built front porch. The property is just approximately well it's a bit more than a half of an acre in an R40 zone. The front yard porch is 5 feet shy of the 40 foot front yard minimum so they're seeking a 5 foot relief which is approximately what was the percentage, 12.5% relief from the code. The porch itself serves multiple purposes outside of enhancing the house aesthetically, it also protects the occupants from inclement weather. I believe that it's not discernable for passersby on the road or anyone traveling down Corey Creek Lane because bends in the road. You really can't define what the front yard the average front yard setback is nor does it (inaudible) look like it doesn't meet the 40 foot minimum. He's again applying for the as built porch. During the hearing it was brought to his attention that there was a 4 inch discrepancy between the Notice of Disapproval and the application. The applicant with Town Attorney Duffy's knowledge and consent amended the application during the public hearing in March. I believe no one spoke against this application.As 12 June 25, 2020 such I'd like to grant"the relief as applied for subject to the receipt of a new site plan with the- architectural hearchitectural drawings pages one of three illustrating the 35 foot relief granted. Additionally that the applicant must apply to the Building Department for an as built building permit within thirty (30) days of the decision and perhaps that is something that we want to discuss. CHAIRPERSON WEISMAN : I'm going to propose that we extend that to a minimum of sixty (60) days perhaps even ninety (90) is even more appropriate given the fact that Town Hall is closed to the public and the Building Department MEMBER PLANAMENTO : The Building Department is just backed up, I think ninety (90) days would be appropriate. CHAIRPERSON WEISMAN :Yea they're really, really crazy busy at the moment. We're just getting ourselves back to you know full staff and I think in fairness to the applicant let's are we agreed ninety (90) days makes sense? MEMBER LEHNERT: 90 days. MEMBER DANTES : 90 days. MEMBER ACAMPORA :Yea. MEMBER PLANAMENTO :The third condition which I don't know if you want to keep it or remove it but I had suggested that the improvements should not be used until a Certificate of Occupancy is issued. I think it's probably difficult for them to access their house so I don't know if that should stay or not. CHAIRPERSON WEISMAN : I would remove that. It's there, it's as built, it's an entrance. MEMBER PLANAMENTO : Removing condition three and then condition four it's at the discretion of the Board of Appeals failure to comply with the above conditions may render this decision null and void. CHAIRPERSON WEISMAN : Okay so we have a motion before us, is there someone who will second that? MEMBER LEHNERT : Second. CHAIRPERSON WEISMAN : Kim will you call the roll please. BOARD SECRETARY : Member Acompora how do you vote? MEMBER ACAMPORA : I will give in and say aye. 13 June 25, 2020 BOARD SECRETARTY : Member Acampora votes aye. Member Lehnert how do you vote? MEMBER-LEHNERT : Aye. BOARD SECRETARY : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Respecting my esteemed colleague I vote yes. BOARD SECRETARY : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD SECRETARY : Chairperson Weisman votes aye. ` CHAIRPERSON WEISMAN : Motion carries. Alan will you let Eric know that he can come back in. ALAN BELNIAK : I will. I sent Eric a request alright welcome back Eric,thank you. r CHAIRPERSON WEISMAN : Okay the next application before the Board is ZBA file 7376, for Mildred David. Eric would you give us some background of what the relief is and what's in the draft. MEMBER DANTES : This is for a I think a second story dormer over an existing house and one of the reasons (inaudible) move one of the dormers closer to the side of the house and that triggered the need for variance relief and it's a pretty benign application because the house is already there and he's just building a little dormer addition above an existing structure. I make a motion to grant as applied for. CHAIRPERSON WEISMAN : I would just add to that for the purpose of the record that the dormer itself actually has a greater side yard setback than the existing dwelling so it's less non- conforming. Okay so we have a motion to grant the variance as applied for is there a second? MEMBER ACAMPORA : I'll second it. CHAIRPERSON WEISMAN : Seconded by member Acampora, Kim please call the vote. BOARD SECRETARY : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. BOARD SECRETARY : Member Acampora votes aye, Member Dantes how do you vote? MEMBER DANTES : Aye. 14 r June 25, 2020 BOARD SECRETARY : Member'Dantes votes aye, Member Lehnert how do you vote? MEMBER DANTES : Aye. BOARD SECRETARY : Member Lehnert votes aye, Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD SECRETARY : Member Planamento votes aye, Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN :Aye. BOARD SECRETARY : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : Motion carries. The next application before the Board'is for ZBA file 7378 for 925 Youngs Rd., LLC. Pat would you kindly tell us what the relief is and anything else about this that you would like to enter. MEMBER ACAMPORA : The applicant requested variances to construct additions and alterations to an existing single family dwelling to expand the wood deck attached to the dwelling which the expansion of the deck will surround an accessory semi in the ground swimming pool.The problem with this piece of property was very strangely shaped and so where the rear yard setback is 36.8 feet where the code requires 50 feet and the single side yard setback of 11.9 feet where the code requires a minimum of 15 feet. The benefit sought by the,apJplicant cannot be achieved by any other way because of the irregular positioning of the house on that property where there are many large glacial boulders and so it limits where the deck and the_pool can be logistically located. We did have a neighbor who came to complain because his property is about 40 feet above the applicants but I see there's nothing more that can be done it's just his location he's going to be looking down on their pool. So I make a motion to grant the variance subject to the following conditions, the pool mechanicals shall be placed in a sound deadening enclosure and a dry well for the de-watering shall be installed. I so moved. MEMBER DANTES :'Should we add that the decks should be open to the sky? CHAIRPERSON WEISMAN : Yes we can add that if you like. That's a fairly standard (inaudible) condition number three subject deck'shall remain open to the sky. MEMBER PLANAMENTO : Member Planamento seconds the motion. CHAIRPERSON WEISMAN :Thank you Nick, Kim would you call the roll please. BOARD SECRETARY : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. 15 June 25, 2020. BOARD SECRETARY : Member Acampora votes aye, Member Dantes how do you vote?" MEMBER DANTES : Aye. BOARD SECRETARY : Member Dantes votes aye, Member Lehnert hove do•you vote? MEMBER DANTES : Aye. BOARD SECRETARY : Member Lehnert votes aye, Member,Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD SECRETARY : Member Planamento votes aye, Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN :Aye. BOARD SECRETARY : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : Motion carries.The next draft on our agenda is file#7380 Beachwood Rd. 22, LLC. Rob can you review the relief requested please. MEMBER LEHNERT : This is a demolition of an existing house and reconstruction,on the same. site. It's a tight waterfront property.They violated the combined side yard setback of 25 feet with a 21.3 feet which is the existing. They also have a lot coverage issue 20.6% where a maximum 20% is permitted. Part of this application though there was a ZBA file a grant in January of 2016 for 25.7% lot coverage so we're actually it's going to be less. The applicant is also proposing an new IA system and the project to be FEMA compliant. I'm proposing to grant the variance as applied for with the.following conditions.The proposed waterfront deck is to remain open to the sky and not become habitable space and we're putting a condition on for an IA sanitary system. CHAIRPERSON WEISMAN : Okay we have a motion to grant MEMBER PLANAMENTO : A question if I may before we second it. The original variance that allowed for 25.6% relief for lot coverage, that is being extinguished by the demolition of the house. MEMBER LEHNERT : Yes, yes but it's just additional information I put down here. 1 MEMBER PLANAMENTO : I understand but I'm wondering can this applicant or future homeowner use that information as granting relief for that site or is it fully extinguished by the demolition? MEMBER LEHNERT : That gets extinguished with the demolition. 16 June 25, 2020 CHAIRPERSON WEISMAN : I believe so: Bill can you chime in on this to confirm that that is the case, our Town Attorney. T. A. DUFFY : I agree that that would end with the demolition. CHAIRPERSON WEISMAN :So we have confirmation from the Town Attorney that the larger relief that was previously granted will be extinguished and the new lot coverage will be 20.6%.Anything else from anybody on the Board?Alright we're ready to vote. MEMBER PLANAMENTO : Nick Planamento seconds the motion. CHAIRPERSON WEISMAN : Kim would you please call the roll. BOARD SECRETARY : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. BOARD SECRETARY : Member Acampora votes aye, Member Dantes how do you vote? MEMBER DANTES :Aye. BOARD SECRETARY : Member Dantes votes aye, Member Lehnert how do you'vote? , MEMBER DANTES :Aye. BOARD SECRETARY : Member Lehnert votes aye, Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD SECRETARY : Member Planamento votes aye, Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN :Aye. ` BOARD SECRETARY : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : Motion carries. The next application is for#7382 Jeffrey Lemler. I see that we have Ann Surchin here. - MEMBER LEHNERT : Wasn't she the architect for Beachwood? MEMBER PLANAMENTO : No that was Meryll, Ann is here for that Rob wrote on Mildred David. CHAIRPERSON WEISMAN : We've already concluded, we've already voted on that. It was an affirmation by the Board, it was a grant just so she knows and thank you for taking the time to join us. Let's get on to Lemler. Nick can you tell us the relief requested for is. 17 June 25, 2020 MEMBER PLANAMENTO : This is application #7382 Jeffrey Lemler. It's an unusual situation;the applicant is seeking relief for a pool a currently compliant previously installed pool which now falls into a side yard location as a result of the issuance of a building permit for an addition to the house. The applicant has a valid building permit to extend the house. As a result however the pool falls in the side yard. The pool was built in 1986. It's a benign application. Many houses on the Nassau Point peninsula have swimming pools. There were not authorities from any other Board or Trustees that needed review. Furthermore the applicant did propose excuse me not propose but submit three granted variance relief applications or three applications that illustrated relief for swimming pools in the side yard in the immediate area of Nassau Point. I'm making a motion to grant relief for the variance as applied for with no conditions. MEMBER ACAMPORA : Can I just make a type missing word in basis of application the third line. It should be resulting in a swimming pool. CHAIRPERSON WEISMAN : Thank you Pat. We'll make that correction when I go in to sign the final drafts. MEMBER ACAMPORA : And I will second the motion. CHAIRPERSON WEISMAN : We have a motion seconded by member Acampora. Kim would you call the roll please. BOARD SECRETARY : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. BOARD SECRETARY : Member Acampora votes aye, Member Dantes how do you vote? MEMBER DANTES : I vote aye. BOARD SECRETARY : Member Dantes votes aye, Member Lehnert how do you vote? MEMBER DANTES : Aye. BOARD SECRETARY : Member Lehnert votes aye, Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD SECRETARY : Member Planamento votes aye, Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD SECRETARY : Chairperson Weisman votes aye. 18 June 25, 2020 CHAIRPERSON WEISMAN : Motion carries. The last application before the Board is for #7338 Cono Cimino and Rob would you please tell us what the relief requested is and anything else. MEMBER LEHNERT : Okay if everyone remembers this we had two hearings about this application. They requested to the original hearing was a renovation proposal where we discovered it was actually a demolition.We had asked the architect to provide proof that it wasn't but he proved that it was. So they're requesting a variance to demolish an existing residence and construct a new residence with a front yard setback of 35.7 feet where a minimum of 40 is required and a rear yard setback of 34.1 where a minimum of 50 is required. The property has two front yards, it's sort of triangular shaped but that's what we have. So basically what I'm offering here is to deny the variance as applied for and grant alternative relief which is the following. The front yard setback of the new dwelling from the private road shall be no less than the existing 32.9 foot setback of the existing dwelling. The rear yard setback from the southerly property line that is shared by the adjacent property shall be no less than the 37.7 foot setback of the existing dwelling, subject to the following conditions-prior to receiving a building permit the owners of the subject property must obtain an amended Notice of Disapproval from the Building Department for the proposed demolition of the existing dwelling and construction of a new dwelling and submit the same to the office of the Board of Appeals. The applicant shall submit to the office a new survey or site plan showing the amended setbacks and the applicant shall file for and receive an approval from the Suffolk County Department of Health Services for a new sanitary system. CHAIRPERSON WEISMAN : Okay the only thing I would add is that I don't have in the alternative relief I think we should make we have number one but we should add number two for the rear - yard setback. MEMBER LEHNERT : Right. CHAIRPERSON WEISMAN : Can you make a note of that Kim and I'll make sure to correct it when I come in to sign. MEMBER DANTES : I have a question. If the agent wants us not to consider it a demolition what's the advantage to him? I mean why would he do that? CHAIRPERSON WEISMAN : I can't say exactly. He had an opportunity, he had two hearings to present everything he wanted to present to the Board. In addition I asked Kim to email Mike Kimack the representative to let him know that we we're going to close this hearing that if he wanted to give us any more information he should do so in writing prior to this meeting.Thus far we have received nothing so I can't speak on his behalf I don't know what was in his mind. Sometimes people are (inaudible) to say it's a demolition simply because they feel that we're going to require them to be more conforming than what they previously were. In this case we 19 June 25, 2020 are allowing them -to rebuild within the footprint of the existing dwelling which is already �a substantially non-conforming and they do have two front yards and a very odd shaped lot. MEMBER LEHNERT : Well we're giving the existing setbacks not the existing footprint. CHAIRPERSON WEISMAN : Well setbacks.They can shape it whatever you're right thank you. It's not the footprint, there's going to be a new foundation I'm sure it's a brand new house. MEMBER LEHNERT : When they submitted the plans they showed it as a-renovation and it was clearly a demolition. J CHAIRPERSON WEISMAN : I believe actually that there was some reluctance to go get an amended Notice bf Disapproval that said demolition but Kim would you correct me if I'm not right, I believe Kimack had decided he was going to go in and ask for that but of course he's not able to at the moment. So I think the condition we're putting it on just to make sure that our record reflects in the Building Department's determination what it is that's before us exactly and what we're offering in way of relief. Anything else from anybody? Okay so we have a motion to deny the variance as applied for granting alternative relief as described with conditions, is there a second? MEMBER ACAMPORA : I'll second it. CHAIRPERSON WEISMAN : Member Acampora seconds it, Kim would you call the roll please. BOARD SECRETARY : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. BOARD SECRETARY : Member Acampora votes aye, Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD SECRETARY : Member Dantes votes aye, Member Lehnert how do you vote? MEMBER DANTES :Aye. BOARD SECRETARY : Member Lehnert votes aye, Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD SECRETARY : Member Planamento votes aye, Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD SECRETARY : Chairperson Weisman votes aye. 20 June 25,2020 CHAIRPERSON WEISMAN : Motion carries. Okay"vve have a couple or resolutions; the first one I'm going to make a motion to-authorize advertising for hearings for Regular Meeting to be held l on Thursday,July 9, 2020 which Regular Meeting will commence at it says 9 a.m. but I believe it's 10 a.m. so let's change that. Is there a second? MEMBER LEHNERT : Second. CHAIRPERSON WEISMAN : Call the roll please Kim. BOARD SECRETARY : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. BOARD SECRETARY : Member Acampora votes aye, Member Dantes how do you vote? MEMBER DANTES :Aye. BOARD SECRETARY : Member Dantes votes aye, Member Lehnert how do you vote? MEMBER DANTES : Aye. BOARD SECRETARY : Member Lehnert votes aye, Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD SECRETARY : Member Planamento votes aye, Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD SECRETARY : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : Motion carries. The next resolution is to approve the Minutes from March 5, 2020 Regular Meeting. Everybody has gotten copies of it and has had a chance to review itJ Are there any corrections? Hearing none I'm going to make a motion to approve the Minutes, is there a second? MEMBER DANTES : Second. CHAIRPERSON WEISMAN : Member Dantes seconds the motion, would you please call roll Kim. BOARD SECRETARY : Member Acampora how do you vote? MEMBER ACAMPORA : Aye., BOARD SECRETARY : Member Acampora votes aye, Member Dantes how do you vote? 21 June 25, 2020 MEMBER DANTES : Aye. s BOARD SECRETARY : Member Dantes votes aye, Member Lehnert how do you vote? MEMBER DANTES : Aye. BOARD SECRETARY : Member Lehnert votes aye, Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD SECRETARY : Member Planamento votes aye, Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD SECRETARY : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : Motion carries. Before we close the meeting I have a couple of remarks I'd like to make. I want to first of all thank everyone for their attendance for their patience and if there are any further questions anyone in attendance might have please send those comments or questions to staff at kimf@southoldtownny.gov that's Kim Fuentes's our Board Secretary, Board Assistant's emai'I address. A recording I'm just reminding everyone will be published of this meeting posted on line as soon as possible'sometime next week no doubt. The next ZBA meeting will be our Regular Meeting which we're all very happy to be able to do via Zoom on July 9, 2020 when the Board will hold public hearings on a number of'applications that are now calendared for that date. All the applicants on that calendar have been notified. Now I'm going to make a motion to close this meeting. Is there a second? MEMBER ACAMPORA : I'll second the motion. CHAIRPERSON WEISMAN : I think we can just say all in favor_at this point you don't have to call the roll. Everyone in favor raise their hands, lots of thumbs up. Our first Zoom meeting is officially closed. Thank you all. 22 June 25, 2020 CERTIFICATION I Elizabeth'Sakarellos, certify that the foregoing transcript of tape recorded Public Hearings was prepared using required electronic transcription equipment and is a true and accurate record of Hearings. Signature : Elizabeth Sakarellos DATE :July 30, 2020 23