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HomeMy WebLinkAboutZBA-08/20/2020 Hearing 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 August 20, 2020 5:04 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 WILLIAM DUFFY—Town Attorney ELIZABETH SAKARELLOS—Office Assistant 1 August 20, 2020 Special Meeting ZONING BOARD OF APPEALS SPECIAL MEETING AUGUST 20, 2020 CHAIRPERSON WEISMAN . I'm going to open up the public section of the meeting of the Zoning Board of Appeals by saying hello to everyone and welcome to the meeting. This is a Special Meeting, Thursday August 20th. My name is Leslie Weisman I'm Chair of the Southold Town's Zoning Board of Appeals. We're going to indicate to you that this meeting is being held virtually via the Zoom on line platform and that is pursuant to NY Governor Andrew Cuomo's executive order 202.1 which says that in person access by the public is not permitted at this time due to health concerns. The meeting is public as I said, however it doesn't constitute a public hearing and testimony from the public will not be solicited or received. You have access to view and listen to the meeting as it's happening via Zoom or by calling in, you clearly have found the instructions on how to do that. Just to remind you all that this is being recorded and that this recording and a transcription a verbatim typed transcription of this meeting will be available at a later date. So without further delay I'm going to go to the first item on the agenda which is a possible close on the decision for Aleksander Myftarago # 7346. We have not yet received the required submission that will enable us to close so I am going to make a motion to adjourn this application to the Special Meeting on September 17th is there a second on that motion? MEMBER LEHNERT : Second. CHAIRPERSON WEISMAN : Seconded by Member Lehnert. Kim will you call the roll please. BOARD ASSISTANT : Member Acompora how do you vote? MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye, Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD ASSITANT : Member Dantes votes aye, Member Lehnert how to do you vote? MEMBER LEHNERT : Aye. BOARD ASSISTANT : Member Lehnert votes aye, Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD ASSISTANT : Member Planamento votes aye, Chairperson Weisman how do you vote? z August 20, 2020 Special Meeting CHAIRPERSON WEISMAN : Aye. BOARD ASSISTANT : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : The motion carries unanimously and this application is adjourned. The first application, the first draft decision we have before the Board is for Solutions East, LLC #7379. Everyone read it, we all have copies of all the applications all the draft decisions rather. This one was for an accessory garage in the front yard and after several hearings, March and July the applicant submitted a final survey moving the garage back to 32 feet from the front yard with a row of evergreens and is reducing it to a one and a half car garage. The only thing I want to point out is that it's conditioned based upon the revised architectural drawings being submitted for the garage because the original ones that we had was for a two car garage was for a 22 x 22 and this is now a 22 x 18 so we will need to have the architect submit update architectural plans but the survey is fine. Today we got one that actually showed where the septic rings were and I think Rob you had some interest to knowing that information so we have everything complete. Eric would you like to make a motion on this one please? MEMBER DANTES : I make a motion to grant the relief as amended. CHAIRPERSON WEISMAN : Well actually this is tricky. It's as applied for but it's an amended survey cause it's the same you know it's the same relief it's front yard. No matter where they put it in the front yard it's technically the same relief. MEMBER DANTES : Right okay. CHAIRPERSON WEISMAN : It's just a different setback and that was based upon neighbors you know concerns about its visibility and so on and so that gets a little tricky. So you'll see it's written as applied for but if you look on the first page under relief requested, it says amended survey rather than amended application. Do you get the distinction everybody? Like if they changed the setback relief let's say they made it more conforming but it still required a variance that would be an amended application. Alright so we have a motion to grant as applied for with a condition, is there a second? MEMBER PLANAMENTO : Second. CHAIRPERSON WEISMAN : Seconded by Member Planamento, Kim call the roll please. BOARD ASSISTANT : Member Acompora how do you vote? MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye, Member Dantes how do you vote? 3 August 20, 2020 Special Meeting MEMBER DANTES : Aye. BOARD ASSITANT : Member Dantes votes aye, Member Lehnert how to do you vote? MEMBER LEHNERT : Aye. BOARD ASSISTANT : Member Lehnert votes aye, Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD ASSISTANT : Member Planamento votes aye, Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD ASSISTANT : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : The motion carries unanimously. For those who are listening what's going to happen so I just say this once cause there are several of you on here, I'm going to look at the agenda listing but before I go and do that just wanted you all to know that what happens is I will go into the office tomorrow after we've all voted on these drafts or on Monday the very latest, sign the decisions which legalizes them, make any changes that the Board might want on that draft as discussed before the public and then a copy gets sent to the Town Clerk. All applicants will receive copies in the mail but if anyone is not on and doesn't hear what the vote is tonight and wants to know they can certainly call the office tomorrow but we will move this very quickly and the Building Department gets copies also. You know what, we can do this quickly Mr. Krug is here he's right after the next one so that's not too long to wait. Where is Toga, I think we'll move that one forward just as a courtesy to the people who are here and we can move Indian Neck also so let's do the next one which is for Laura Flavin #7391. MEMBER PLANAMENTO : Leslie just a reminder I'm recused from this decision. CHAIRPERSON WEISMAN : Thank you very much Nick, would you just MEMBER PLANAMENTO : I'm going to turn off, Kim if you can come find me when we're done or text me.Thank you. CHAIRPERSON WEISMAN : Okay thank you Nick. So this is a historic property on Main Rd. It did receive it's COA Certificate of Appropriateness from Landmark Preservation which it needed. Eric do you want to just summarize what's before us here. MEMBER DANTES : The house had non-conforming setbacks and they're basically making additions and alterations that maintain the existing setback and I believe there's a slight increase on one of the side yards but not very much. (inaudible) character of the neighborhood 4 August 20, 2020 Special Meeting and the whole neighborhood consists of non-conformities so I make a motion to approve as applied for. CHAIRPERSON WEISMAN : Okay, I'll second the motion actually so make a note that Chairperson Weisman seconded the motion. Would you call the roll please Kim. BOARD ASSISTANT : Member Acompora,how do you vote? MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye, Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD ASSITANT : Member Dantes votes aye, Member Lehnert how to do,you vote? MEMBER LEHNERT : Aye. BOARD ASSISTANT : Member Lehnert votes aye, Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD ASSISTANT : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : The motion carries unanimously. We are now on George and Lynn Krug and get Nick back in please. Okay Nick welcome back we're on to application # 7392 George and Lynn Krug. This is a property in New Suffolk. Rob do you want to walk us through this one? MEMBER LEHNERT : Yea this is mostly additions to a house in New Suffolk. The majority of it is the second floor of the house all within the existing footprint with the exception of a pergola on the side of the house in the side yard. So I've written this to you know grant the variance as applied for with the condition that the proposed pergola shall remain unenclosed and non- habitable space. CHAIRPERSON WEISMAN : Okay any comments or questions?Again feel free if anybody catches a typo or finds the wording awkward chime in and we'll make adjustments accordingly. Alright so we have a motion to grant the variances there are actually three variances here is it three? MEMBER LEHNERT : Four CHAIRPERSON WEISMAN : Four variances yea okay everybody clear on that that? Front yard of 22.1 where the code needs 35 feet, proposed single side yard at 3 feet with 10 the minimum, combined side yard 11.1 where the code needs 25 feet and proposed lot coverage of 23.9 August 20, 2020 Special Meeting where 20 is the maximum permitted. So okay but there are substantial reasons based upon pre- existing non-conformities for this so is there'anyone to second that motion? MEMBER ACAMPORA : I'll second it. CHAIRPERSON WEISMAN : Member,Acampora seconds the motion. Kim call the roll please. BOARD ASSISTANT : Member Acompora how do you vote? MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye, Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD ASSITANT : Member Dantes votes aye, Member Lehnert how to do you vote? MEMBER LEHNERT : Aye. BOARD ASSISTANT : Member Lehriert votes aye, Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD ASSISTANT : Member Planamento votes aye, Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD ASSISTANT : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : The motion carries unanimously. Just bring me up to date because these are numbered but they're not the name of the application they're the name of hold on, I just want to see what to do with the alright we have people here for Toga and we have people here for Indian Neck is that correct? BOARD ASSISTANT : Yes. CHAIRPERSON WEISMAN : So let's go to Toga, Andrew and Linda Toga MEMBER PLANAMENTO : Leslie if I can interrupt one moment, I just noticed and maybe I'm mistaken but in the attendees Joseph Treanor appears and that's Grandview. CHAIRPERSON WEISMAN : Let me check. BOARD ASSISTANT : We also have Kelly Demato and Mike Petsky so we do have you know many applicants representing. August 20, 2020 Special Meeting MEMBER LEHNERT : Why don't we stay on-the agenda. MEMBER PLANAMENTO : Well no, the only thing is with Grandview CHAIRPERSON WEISMAN : I do want to let them know hold on a minute. Let me look at," attendees I can see who's here now. I think with regard to Grandview we don't have a draft prepared. I was hoping we would get that done by today so what I think I just don't want if that's all the person who is here for that decision is waiting for you're welcome to stay for the meeting but we will put that on in two weeks at the Regular Meeting on September 3rd, that would be the first item of business. We will have a draft finalized by then. We had an enormous number of drafts this time because as everybody knows we doubled up almost on the number of hearings that we held in order to play catch up because people had been waiting for so long because of the, COVID shutdown. So with apologies we don't have a draft for that. Now I'm going to look at Andrew and Linda Toga # 7403. That's number three on the agenda so everyone just pull your draft on that one please. This application is for a demolition that was previously an addition and alteration that was approved by this Board and I think maybe I'd like to read some of this aloud what do you say Rob,yes? MEMBER LEHNERT : Yea please. CHAIRPERSON WEISMAN : This is a request for variance to demolish existing dwelling, construct a new single family dwelling with a 41.3 foot setback from the rear property line adjacent to Arshamomaque Pond which is Long Creek where the code requires 50 feet minimum. Existing residence is setback 41.3 feet from the rear,property line. The applicants wish to maintain that same non-conforming setback but let me read this additional information. This property was a subject of a prior variance December 6, 2018 at which time the owners representative gave testimony as to the nature of the variance request for additions and alterations confirming that the existing dwelling had a rear yard setback of 38.9 feet at its closest point and that the proposed second story addition would be set back 41 feet from the rear property line. The Board granted this as applied for, the agent stated the, proposed renovation would be supported by the existing foundation that the goal was to preserve the existing structure. The applicant also proposed installation of a an advance IA system that has now been approved by Suffolk County Department of Health. During the December 6th hearing it was stated that the ZBA determination in that determination from 2018 that the representative was advised both at the hearing and in writing in the decision that should a demolition for any reason take place they would have to return to this Board for further review which they did. On January 9th the Board received a request prior to this recent hearing for a deminimus determination and the agent was informed that a demolition is never according to the Building Department or the Zoning Board whether you keep the same setbacks are not a deminimus and then in fact the August 20, 2020 Special Meeting variance relief when a demolition takes place is extinguished so they reapplied. The foundation is really damaged, it will have to be abandoned and so basically they're starting with a clean slate for a new house. So what's important here is that while in the first determination we indicated there was no impact on the character of the neighborhood, that had to do with a pre- existing non-conforming conditions and that fact that this was a second story addition primarily but now the difference is is that the relief sought and the present one is the applicant is proposing a complete demolition and the fact that the proposed action went from additions and alterations to a demolition has very little to do with Town Law II; those findings the same cannot be said when analyzing this under town law so in other words the character of the neighborhood is not really dramatically the issue but the analysis of Town Law II is quite different. Here the fact that the proposed action went from an addition to a demolition has a significant impact of the Board's finding. Since the proposed action is a demo the benefit sought can be achieved by some method feasible for the applicant to pursue other than an area variance because the footprint of the existing non-conforming residence to be demolished is being proposed for the location of a new dwelling which could subsequently require rear yard setback to proceed with construction but because the existing residence is now demolished there is no need for an area variance since there is sufficient room on the site to construct a new residence in compliance with the current zoning laws by moving the proposed footprint and additional 9 foot back from the rear property line. There's much more information in this draft. I don't believe unless any other Board Member feels the need to discuss it further. We've all had a chance to read it. If there's anything else that you would like anyone else listening in to hear please feel free any of you to make reference to any of the other town laws. Okay so then I'm going to go right to the end, in conducting the balancing test required by New York Town Law 267B, the fact the proposed action has been changed from additions and alterations in the previous application to the current application for demolition has a significant impact on the Board's determination the Board finds that 1. The hardship has been self-created, 2. The variance is substantial, 3. The benefit sought can be achieved by some method other than a variance for the relief requested is not the minimum action necessary and that these finding outweigh the granting of the variance it will not produce these findings outweigh the fact that in Town Law I the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties or that there will be an adverse impact on the physical or environmental conditions. Therefore in applying the balancing effect is under New York Town Law 267-B it weighs in favor of a denial of the application so what is before the Board is a proposed resolution to deny the variance as applied for. Any other comment, questions, suggestions? Is there a second to that motion? MEMBER DANTES : Second. CHAIRPERSON WEISMAN : Seconded by Member Dantes. Kim would you call the roll please. 1 August 20, 2020 Special Meeting BOARD ASSISTANT : Member Acompora how do you vote? MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye, Member Dantes how do you vote? MEMBER DANTES :Aye. BOARD ASSITANT : Member Dantes votes aye, Member Lehnert how to do you vote? MEMBER LEHNERT : Aye. BOARD ASSISTANT :.Member Lehnert votes aye, Member Planamento how do you vote? MEMBER'PLANAMENTO : Aye. BOARD ASSISTANT : Member Planamento votes aye, Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD ASSISTANT : Chairperson Weisman votes,aye.- CHAIRPERSON WEISMAN : The motion carries unanimously. Let's go now to 9, 10 & 11 three Indian Neck LLC drafts. Was is Devito or Demato that was here. BOARD'ASSISTANT : Demato is here. CHAIRPERSON WEISMAN : Okay we'll do that one after Indian Neck. So these are all very intergraded one over the other and they're three different interrelated agricultural properties that we came to find out are part of the AG district at this point. They are all "as built" deer' fencing, 8 foot high in a front yard. It's as of right on AG property but in this instance the Building Department determined that it was not yet in agricultural production. We subsequently learned that in some cases they are in production and that they are part of the AG district. Nick why don't you add some things and we will vote on these one at a time because " MEMBER PLANAMENTO : I was going to ask about that because there are three and they were opened as one hearing but we are offering three decisions. CHAIRPERSON WEISMAN : Correct. MEMBER PLANAMENTO : Let's start with I guess # 7409 which is 1985 Leslies Rd. This is an application for an 8 foot high deer fence where the parcel is actually part of a well it's a 10.7 acre parcel that's part of a much larger 100 plus acre farm. Probably the most important bit of August 20, 2020 Special Meeting information, the day before the public hearing the applicant or rather the, applicant's agent provided the Board with a resolution of the Suffolk County Agricultural and Farmland Protection Board recommending the inclusion of the subject parcel into the agricultural district #1. The resolution is numbered 500-2020 of the Suffolk County Agricultural and Farmland Protection Board and I think that that clearly illustrated the intent of this property will be used agriculturally in addition to the applicant's agent statement that crops and livestock have been maintained on the property in the past. CHAIRPERSON WEISMAN : Do you want to vote on these one at a time then? MEMBER PLANAMENTO : Pretty much the information is the same. I do want to add that two neighbors did speak not necessarily in opposition to the application but with the applicant who was in attendance directly and he expressed'that he would work to mitigate any personal issues between the two residences and I don't see and I hope the Board concurs that there's no reason that he won't honor that statement. I think as a neighbor goes they're super happy to_ see agricultural production on this property versus the potential of development. So on draft decision 7409 which is Indian Neck IV LLC I offer a motion to grant the relief as applied for an 8 foot high deer fence subject to the following,conditions; 1. That the applicant must apply to the Building Department for a building permit for the "as built" improvement within thirty (30) days of the date of the decision and submit same to the Office of the Zoning Board'of Appeals or to apply for and to give proof of a request for an extension. Additionally the applicant must submit further evidence that the property is in fact enrolled in an agricultural exemption from the Town Assessors Office within the next three (3) years. At the discretion of the Board if these conditions are not met that it may render the decision null and void. Do we want to also since all the information is pretty much the same for application 7410 and 7411 include everything in -one motion or do you want to go through them individually? CHAIRPERSON WEISMAN : No I think we have three drafts, they're three parcels and you know slightly different ownership so let's just do them one at a time. We can distinguish each one by address and the conditions aren't the same on all of them so let's just do it that way. Is there a second, we have a motion for 7409 to grant as applied for with three conditions, is there a second? MEMBER LEHNERT : I'll second it. CHAIRPERSON WEISMAN : Member Lehnert seconds the motion, Kim call the roll call please. BOARD ASSISTANT : Member Acompora how do you vote? MEMBER ACAMPORA : Aye. �8 , August 20, 2020 Special Meeting BOARD ASSISTANT : Member Acampora votes aye, Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD ASSITANT : Member Dantes votes aye, Member Lehnert how to do you vote? MEMBER LEHNERT : Aye. BOARD ASSISTANT : Member Lehnert votes aye, Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD ASSISTANT : Member Planamento votes aye, Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD ASSISTANT : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : The motion carries unanimously. The next one is # 7410 which is located at 3595 Skunk Lane, this is a different lot. This one is a 34.64 acre irregularly shaped parcel in the AC zone. Anything anybody wants to add about that one in particular that distinguishes it from the others. They're pretty much the same. So alright then I'll make the motion to grant the variance as applied for with the same three conditions that were previously stated, is there a second? MEMBER PLANAMENTO : Second. " CHAIRPERSON WEISMAN : Seconded by Nick Planamento. Kim call the roll please. BOARD ASSISTANT : Member Acompora how do you vote? MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye, Member Dantes how do you vote? MEMBER DANTES : Aye. i BOARD ASSITANT : Member Dantes votes aye, Member Lehnert how to do you vote? MEMBER LEHNERT : Aye. BOARD ASSISTANT : Member Lehnert votes aye, Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD ASSISTANT : Member Planamento votes aye, Chairperson Weisman how do you vote? 11 August 20, 2020 Special Meeting CHAIRPERSON--WEISMAN : Aye. - ;w BOARD ASSISTANT : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : The motion carries unanimously. I think I,see someone Daniel Wright is here. He was actually before Demato on the agenda, is that correct? BOARD ASSISTANT : Yes. CHAIRPERSON WEISMAN : So let's do Mr. Wright and then we'll do Paul and Kelly Demato. BOARD ASSISTANT : Why don't we do the third Indian Neck, we haven't done that yet. CHAIRPERSON WEISMAN : Oh right thank you. Indian Neck III LLC 7411 at 3123 Skunk Lane. Any comments on this one?This one is a MEMBER PLANAMENTO : 9.9 acres. CHAIRPERSON WEISMAN :-Yes, yes so all the same, so anyone want to make a motion to grant as applied. MEMBER DANTES : Motion to grant as applied for. MEMBER PLANAMENTO : Seconded. CHAIRPERSON WEISMAN : Seconded by Member Planamento, call the roll please Kim. BOARD ASSISTANT : Member Acompora how do you vote? MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye, Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD ASSITANT : Member Dantes votes aye, Member Lehnert how to do you vote? MEMBER LEHNERT : Aye. BOARD ASSISTANT : Member Lehnert votes aye, Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD ASSISTANT : Member Planamento votes aye, Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. August 20, 2020 Special Meeting BOARD ASSISTANT : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : The motion carries unanimously. BOARD ASSISTANT : We can jump back to Wright I believe. CHAIRPERSON WEISMAN : Yes. This is applicaction # 7395 Daniel Wright at 2105 Old Orchard Rd. in Orient and this is a variance to demolish the existing structure and construct a new structure with a front yard setback of 26.12 feet, the code requires a minimum of 35, a side yard setback of 6.04 feet where the code requires a minimum of 10 feet and a combined side yard setback of 19.4 feet where the code requires a minimum combined side yard setback of 25 feet. Demolition and construction will result in the accessory garage in a front yard location where the code requires that accessory garage be in a rear yard location. Eric do you want to walk us through some of the facts,findings and facts in here. MEMBER DANTES : This is an older neighborhood that consists of a multitude of non- conformities and we've granted variances in this neighborhood in the past and while he's tentatively doing a demolition his goal is to save as much of the existing structure as possible. He's just going over the code conforming amount that you're allowed to demo before it becomes a code demolition. So all in all it meets the area variance standards. It's a small narrow lot and there's not much he can do without requesting an area variance. For the new sections of the house I believe the area variance wouldn't be required. So I make a motion to approve as applied for. CHAIRPERSON WEISMAN : Alright is there a second? MEMBER ACAMPORA : Second. CHAIRPERSON WEISMAN : Member Acampora seconds the motion, Kim call the roll please. BOARD ASSISTANT : Member Acompora how do you vote? MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye, Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD ASSITANT : Member Dantes votes aye, Member Lehnert how to do you vote? MEMBER LEHNERT : Aye. BOARD ASSISTANT : Member Lehnert votes aye, Member Planamento how do you vote? 13, 1 August 20, 2020 Special Meeting MEMBER PLANAMENTO : Aye. BOARD ASSISTANT : Member Planamento votes aye, Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD ASSISTANT : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : The motion carries unanimously. The next application is for # 7407 Paul and Kelly Demato at 355 Riley Ave. in Mattituck. This is the applicant requested a variance to make additions and alterations to a single family dwelling that will result in a front yard setback of 23.5 feet where the code requires a minimum of 35.This is a corner lot a right of way along one side and let's see what else we have in here it's really for a front porch. MEMBER DANTES : Leslie (inaudible) a non-conforming front yard setback now and they're asking for 5 additional non-conforming feet to add a covered porch that's not conditioned. CHAIRPERSON WEISMAN : Yea it certainly will improve the visual appearance of the house and it's not 'MEMBER DANTES : And it's an older neighborhood that consists of non-conformities. CHAIRPERSON WEISMAN : Yea there's a number of other non-conforming setbacks in that neighborhood so MEMBER DANTES : I make the motion to approve as requested. CHAIRPERSON WEISMAN : Okay we do have two conditions. One is to install which they offered to do, a Suffolk County Department of Health Services approved IA system wastewater treatment and the proposed covered front porch shall remain unenclosed and unconditioned. So we have a motion with two conditions, is there a second? MEMBER LEHNERT : Second. CHAIRPERSON WEISMAN : Member Lehnert seconds the motion, Kim would you call the roll please. BOARD ASSISTANT : Member Acompora how do you vote? MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye, Member Dantes how do you vote? MEMBER DANTES :,Aye. 14 August 20, 2020 Special Meeting BOARD ASSITANT : Member Dantes votes aye, Member Lehnert how to do you vote? MEMBER LEHNERT : Aye. BOARD ASSISTANT : Member Lehnert votes aye, Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD ASSISTANT : Member Planamento votes aye, Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD ASSISTANT : Chairperson`Weisman votes aye. CHAIRPERSON WEISMAN : The motion carries unanimously. The next one is Wendy Davis. We do have people here for,Petsky I believe for Breezy Shores. BOARD ASSISTANT : Wendy is here also. CHAIRPERSON WEISMAN : Okay then let's to Wendy Davis. This is application # 7397 Wendy Davis located at 200 Peirce St. in"Cutchogue. This is a variance to construct additions and alterations to a single family dwelling on a non-conforming 21,172 sq. ft. lot with two front yards in the R40 district with a front yard setback of 15.2 feet from Oak St.7 This is for a proposed new sunroom which is 304 sq. ft. with an entry deck of 58.5 sq. ft. Pat is there anything specific you'd like us to mention about`this? MEMBER ACAMPORA : Well the new sunroom will be an addition onto the rear of the home which already exists. So the home is staying within the footprint of the property and there are many homes that are also with setbacks that are less than the required code requirements. We did get nine letters of support from the applicant's neighbors so no one objects to this addition of a sunroom. CHAIRPERSON WEISMAN : Would you like to make the motion? MEMBER ACAMPORA : Yes, I'd like to make a motion to grant the variance as'applied for. CHAIRPERSON WEISMAN : Okay I'll-,second it. Kim would you call the roll. BOARD ASSISTANT : Member Acompora how do you vote? MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye, Member Dantes how do you vote?' MEMBER DANTES : Aye. 17Ls August 20, 2020 Special Meeting BOARD ASSITANT : Member Dantes votes aye, Member Lehnert how to do you vote? MEMBER LEHNERT : Aye. BOARD ASSISTANT : Member Lehnert votes aye, Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD ASSISTANT : Member Planamento votes aye, Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD ASSISTANT : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : The motion carries unanimously. Now we're on to BOARD ASSISTANT : Breezy Shores, we have Robert Brown's office here too. CHAIRPERSON WEISMAN : And I think I saw Mr. Petsky here also. So this is for application # 7408 Mike and Mary Beth Petsky at 65490 Rt. 25 in Greenport which is in the Breezy Shores cottage area. This is cottage #10 and this is for a variance to construct additions and alterations to an existing non-conforming seasonal cottage measuring 21.8 sq. ft. which is less than the three percent increase in overall size that the Board has traditionally recognized is a very reasonable almost deminimus request because over a time everything needs to be repaired and renovated and in this instance as is often the case this needs to be raised on a FEMA compliant foundation. Rob anything special about this you'd like us to note? MEMBER LEHNERT : No it's like you know the rest of the houses we do down in Breezy Shores subject to two conditions, the cottage use will continue its current status of unheated seasonally occupied dwelling. No other additions or alterations maybe be undertaken without being reviewed by the Zoning Board. MEMBER PLANAMENTO : Leslie if I can there was a third condition that I want to ask to be included or at least discussed. During the public hearing I brought forward the request or discussion about skirting below the freeboard and the applicant stated or I believe he actually sort of texted in via Zoom that he would accommodate that. Is that something that we can include or is it not perhaps necessary? MEMBER DANTES : What do you mean by skirting like a lattice or something like that? CHAIRPERSON WEISMAN : Yea. August 20,2020 Special Meeting MEMBER PLANAMENTO : Most people (inaudible) lattice around the base of their homes after they're raised. It's something that I noticed in the neighborhood but it was not on this application. ' MEMBER LEHNERT : I mean are we getting in to aesthetics? CHAIRPERSON WEISMAN : Yes. I mean you know this was approved by the association and it is fundamentally a preference that an owner applicant might have. It certainly-looks nicer than you know pilings but I don't see it as a I think that that really ought to be up to the homeowner to be honest Nick. I mean I'll you know if the Board disagrees with that MEMBER PLANAMENTO : I just wanted to bring it forward, it came up and the applicant did say they would do it. So if we're fine with that for the record if they don't CHAIRPERSON WEISMAN : They probably will do it then; they probably will and I just don't know that MEMBER ACAMPORA : It probably should be something done by the Homeowner's Association, they should require that not us. CHAIRPERSON •WEISMAN : Okay, very good so we're ready to vote? Do you want to make a motion Rob. MEMBER LEHNERT : Yes, I make a motion that we grant this variance as applied for with the two conditions we just read out. MEMBER DANTES : I second. CHAIRPERSON WEISMAN : Member Dantes seconds it. Kim call the roll please. BOARD ASSISTANT : Member Acompora how do you vote? MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye, Member Dantes how do you vote? MEMBER DANTES -,Aye. l BOARD ASSITANT : Member Dantes votes aye, Member Lehnert how to do you vote? MEMBER LEHNERT : Aye. BOARD ASSISTANT : Member Lehnert votes aye, Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. 171 August 20, 2020 Special Meeting BOARD ASSISTANT : Member Planamento votes aye, Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD ASSISTANT : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : The motion carries unanimously. Is there anybody else here for well we're getting down to going through these pretty quickly but is there anybody else we should be addressing that's way down at the end? Not really. OFFICE ASSISTANT SAKARELLOS : We have Christopher Winter for HNF. MEMBER PLANAMENTO : Just a footnote guys, I just noticed there was a chat from Mr. Petsky who very nicely thanked us and also indicated that you're getting the lattice. CHAIRPERSON WEISMAN : See what happens when you're nice. We also had a very nice thank you have a lovely evening from George and Linda Krug. Thank you for pointing that out Nick. MEMBER PLANAMENTO : That was nice of him and the Krugs too. BOARD ASISTANT : I don't know if we have anybody for Milito here or I don't think we have Dr. Devito here either I don't see that. MEMBER DANTES : Milito will only take a minute that was a pretty easy one. CHAIRPERSON WEISMAN : Alright let's do that one. That's number twelve on the agenda grab that one. This is application # 7405 Gerard Milito, it's 550 West Rd. in Cutchogue and this a request for a variance to construct an addition to the house that will result with a side yard setback of 1.2 feet where the town code requires a minimum side yard setback of at least 10 foot minimum. MEMBER DANTES : (inaudible) non-conforming pre-existing non-conforming side yard setback of 2 feet and the proposed side yard setback is 1 foot 2 inches, he's just keeping the house in a straight line and it's a minimal request for additional variance relief to make additions and alterations on his house. CHAIRPERSON WEISMAN : It's interesting about this stuff is that if you look at it just mathematically it's an 88% variance but you have to that's why we have the balancing test cause you have to look at all these other factors of you know pre-existing non-conformity and that's why the Board of Appeals is here for granting relief. So okay you want to make a motion don't have anything to add to this it's very simple. MEMBER DANTES : I make the motion to grant as applied for. 3.$ - August 20, 2020 Special Meeting CHAIRPERSON WEISMAN : Okay I'll second it. Kim would you call the roll. BOARD ASSISTANT : Member Acompora how do you vote? MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye, Member Dantes how-do you vote? MEMBER DANTES : Aye. BOARD ASSITANT : Member Dantes votes aye, Member Lehnert how to do you vote? MEMBER LEHNERT : Aye. BOARD ASSISTANT : Member Lehnert votes aye, Member,Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD ASSISTANT : Member Planamento votes aye, Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD ASSISTANT : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN :The motion carries unanimously. -'BOARD ASSISTANT: Do you want to go back to Devito since we skipped that one? _ CHAIRPERSON WEISMAN : Sure let's do that cause we're almost done so yea. This is for# 7401 Joseph Devito at 100 Lighthouse Lane in Southold and this was a shed in a front yard. This is a property that's got three front yards"so after some discussion the applicant agreed cause they have a very tiny rear yard which is essentially,also a side yard where their deck is. Just to move the shed from the Pine Neck location where it would be highly visible to a well-traveled public street to the opposite front yard on Lighthouse Lane where there would be very little impact with a substantial setback. Pat is there anything you want to add about this? MEMBER ACAMPORA : Well Lighthouse Lane has is also a right of way road which has a 30 foot right of way known as Lighthouse Lane and I also-thought you know when we had requested them looking to move the property which they did submit an amended survey that it was also for the people that live on Lighthouse Lane. If the shed had been located where the applicant previously wanted it, it would pos&some type of a problem for people making a left hand turn because it's a substantial sized shed. It's a 10 x 14 wooden shed. CHAIRPERSON WEISMAN : So it's a win, win. 9.9 August 20, 2020 Special Meeting MEMBER ACAMPORA : The applicant has agreed and as I said he submitted an amended survey and I do note that on this if you look where grant the variance on the amended, there's an "e" there that shouldn't be there. CHAIRPERSON WEISMAN : Oh yea thanks. BOARD ASSISTANT : I also have a question Leslie, if we're going to follow the prior one that was a front yard structure should this be variance as applied as shown on the amended survey? CHAIRPERSON WEISMAN : Yea it should. Again you know these require a little creativity because it's still a front yard so it's not an amended application, it is an amended survey. We're granting the relief as applied for in a front yard with a different front yard location so that is actually correct. So let's just change that to grant the variance as applied for and shown on the amended survey prepared by, okay very good. Yes under relief requested on the front page it does say amended survey. I think that is the more correct format to use and you're right we should be consistent. MEMBER ACAMPORA : And there is a condition that the applicant plant shrubbery along the side of the shed that fronts Lighthouse Lane on the north side as a green buffer to the neighbors that live on the north side of the right of way. CHAIRPERSON WEISMAN : Right which they offered to do and is on the survey. Just reinforcing that this basically lets the Building Department know as MEMBER ACAMPORA : So I make the motion to grant the variance as applied for. CHAIRPERSON WEISMAN : Is there a second? MEMBER PLANAMENTO : I'll second. CHAIRPERSON WEISMAN : Member Planamento seconds it. Kim call the roll please. BOARD ASSISTANT : Member Acompora how do you vote? MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye, Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD ASSITANT : Member Dantes votes aye, Member Lehnert how to do you vote? MEMBER LEHNERT : Aye. 20 r August 20,2020 Special Meeting - BOARD ASSISTANT : Member Lehnert votes aye, Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD ASSISTANT : Member Planamento votes aye, Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD ASSISTANT : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : The motion carries unanimously and that's that. We are now all caught up, okay. We are on Sean Magnuson for HNF Resorts, Inc. (Eastern L.I. Kampground) # 7384SE which is Special Exception. So these standards are different because it is a Special Exception. Rob do you want to walk us through some of the content here because there's actually two this is a two part application. The first is the Special Exception but actually under the same number is on the continuing page is.an area variance because each of the twenty (20) cottages are slightly larger than what the code permits. The cabins are at 504 sq. ft. with a 90, sq. ft. covered porch a total of 594 sq. ft. more than the allowable 450 sq. ft. You want to go with the Special Exception first and we can vote on these separately, I think we probably should or maybe not what do you want to do. BOARD ASSISTANT : I have the resolution granting both of them together if you want to do it that way. CHAIRPERSON WEISMAN : We have written it that way but MEMBER LEHNERT : It's written together. CHAIRPERSON WEISMAN : Yea alright let's do it that way then we'll just do one resolution since they're under one number we should have one vote. Okay let's talk a little bit about I just reviewed the variance. Mostly it's it was requested mostly because the applicant believed that based upon their expertise in camping the variety of options that they wanted to offer potential customers or campers, tourists was simply going to be more appropriate if they had a little bit more flexibility in the size of the cabins. MEMBER LEHNERT : And' also the twenty'(20) cottage sites is reduced from thirty three (33) existing tent sites. CHAIRPERSON WEISMAN : Yes. Rob run us through some of the other visual impact, the location MEMBER LEHNERT : The location of these things is pretty much in the back of the property, they're buried in the woods, you can't see anything from the road at all; you would have to go 21 August 20, 2020 Special Meeting into the campground to see it. They are going to- be seasonal cottages, no heat and that's pretty much you know it. They're here for the Special Exception and the area variance cause of the square footage CHAIRPERSON WEISMAN : It's also important to enter into this conversation and again there is a transcription and a video that will eventually be published on this, there was a prior Special Exception Permit for a tourist camp here and it had received site plan approval. The Planning Board subsequently supports this application. We did get comments from them because it will require site plan approval from the Planning Board but they're looking to get their Special Exception Permit first before they apply so there's a condition here that they have to obtain site plan approval from the Planning Board or this particular variance and Special Exception may be null and void but I have no doubt that they will obtain site plan approval. This way they have some flexibility if the Planning Board wants to make a slight alteration we're not making specific comments on a site plan only on the use and on the variance. That way they don't have to come back to us if there's any other changes that Planning wants. This is a good way to do interagency collaboration. Alright so anything else from Pat, Eric, Nick anything on this? MEMBER ACAMPORA : No. CHAIRPERSON WEISMAN : Okay, Rob make a motion why don't you make a motion. MEMBER LEHNERT : I make a motion to grant the Special Exception as applied for and grant the variance as applied for. CHAIRPERSON WEISMAN : With the conditions that was about site plan approval. Okay I'll second it. Kim would you call the roll. BOARD ASSISTANT : Member Acompora how do you vote? MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye, Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD ASSITANT : Member Dantes votes aye, Member Lehnert how to do you vote? MEMBER LEHNERT : Aye. BOARD ASSISTANT : Member Lehnert votes aye, Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. 22 August 20, 2020 Special Meeting BOARD ASSISTANT : Member Planamento votes aye, Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD ASSISTANT : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : The motion carries unanimously. The last application before us is for Donna M.Wexler, Donna M. Wexler Revocable Trust and Rodney T. Quarty#7363.This is MEMBER PLANAMENTO : Leslie just I was going to ask quickly about Grandview, did we adjourn to September? CHAIRPERSON WEISMAN : Yes already did that. Well wait a minute. MEMBER PLANAMENTO : I don't remember having a motion. CHAIRPERSON WEISMAN : You know what, I think you're right. I did mention it because I did whoever was on to know that because someone was here for Grandview'so why don't I now make the motion to adjourn this deliberation to the September 3rd Regular Meeting. Is there a second? MEMBER PLANAMENTO : Second. CHAIRPERSON WEISMAN : Call the roll. Thank you for pointing it out Nick, we should formally do that. BOARD ASSISTANT : Member Acompora how do you vote? MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye, Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD ASSITANT : Member Dantes votes aye, Member Lehnert how to do you vote? MEMBER LEHNERT : Aye. BOARD ASSISTANT : Member Lehnert votes aye, Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD ASSISTANT: Member Planamento votes aye, Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. 23 August 20, 2020 Special Meeting BOARD ASSISTANT : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : The motion carries unanimously. Now we're onto the last draft which is for Donna M. Wexler as I said #7363 located at 1275 West Hill Rd. and 1175 West Hill Rd. in Southold. Let's see Nick you want to review some of this very lengthy substantive draft, just that it's for a subdivision with a prior denial of a waiver of merger that was upheld by the Supreme Court in an Article 78. So now take it from there. MEMBER PLANAMENTO : The one thing that I just wanted to quickly mention so perhaps Members could review, if you turn to page four (4) under Town Law I, one, two, three, four, five, six, seven, eight, nine it's the tenth line down it starts with lot 1 is heavily vegetated I think we need to amend the decision before we talk about it just to say lot 1 is landscaped. I don't think heavily vegetated necessarily makes sense. I mean there is vegetation and landscaping there but I think it makes it sound a little bit more wooded than open. CHAIRPERSON WEISMAN : Alright Lot 1 is landscaped. MEMBER PLANAMENTO : I would say Lot 1 is landscaped and the dwelling blah, blah, blah. So this is for a subdivision application where previously there had been a waiver of merger with a denial as the Chairperson spoke out was challenged through an Article 78 proceeding and was upheld or the Zoning Board of Appeals decision was upheld. There's a whole history going back of the actual property from 1972 when there were originally two (2) lots prior to the merger in 2000 right through May 2019 where a building permit was issued for an accessory garage building on Lot 1 where there was also a caveat in that building permit that the two (2) lots are to be merged or they were supposed to be combined prior to the issuance of a C.O. In short the LWRP and the Planning Board do not support this decision or excuse me do not support the application and there's tremendous evidence to actually support that there would be a change in the character of the neighborhood by allowing the subdivision along with a negative impact on the environment and for the public at large. CHAIRPERSON WEISMAN : Yea I mean this details in great specificity the basically the fact that the applicant and the applicant's agent written submission does not counter or specifically addressed a number of the policies that the LWRP looked at for environmental impacts and I just want to reiterate although we get comments from the Planning Board about subdivisions because they would have to be approved also by the Planning Board, it's before us because the two (2) lots are now insufficient in lot area so it's a lot area variance and then it would have to get site plan approval so we automatically send them over to Planning. 2, August 20, 2020 Special Meeting MEMBER PLANAMENTO : And you're talking about the insufficiencies, 50% on Lot 1 and excuse me 42% on Lot 1 and 50% on Lot 2 so they're substantially smaller than what the code allows currently allows. CHAIRPERSON WEISMAN : Right and you know typically arguments are often made that well those were originally lots that existed and but they failed to recognize that we are really facing a very different set of concerns about development now than we did thirty, forty, fifty years ago when subdivisions were created. There are many more adverse environmental impacts by development and the town up zoned that's why they did R40 and you know there's a constant pressure to say well they were there originally. But the bottom line is up zoning was done for a very specific reason. It was to protect the character of neighborhoods as development became more and more substantial. So this very much lays this out in great detail. I think this document is going to serve us well in the future but it's important to understand that the variance standards do not look at town wide impacts. We look very specifically at an application specific to a particular site in a particular neighborhood. So when we made this determination we only looked at comments from Planning that were relevant to the variance standards alright not to town wide impacts and that is what I believe we are legally obligated to do. You may feel a certain way about it but we have to follow the letter of the law. So Nick do you want to make a motion on this unless anybody Rob or Pat or Eric any other comment that you'd like to make on this draft. MEMBER LEHNERT : Nope. CHAIRPERSON WEISMAN : Then Nick make a motion. MEMBER PLANAMENTO : I make a motion to deny the application as applied for. CHAIRPERSON WEISMAN : Alright anyone MEMBER DANTES : I'll second it. CHAIRPERSON WEISMAN : Seconded by Member Dantes. Kim call the roll please. BOARD ASSISTANT : Member Acompora how do you vote? MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye, Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD ASSITANT : Member Dantes votes aye, Member Lehnert how to do you vote? 2s August 20, 2020 Special Meeting MEMBER LEHNERT : Aye. BOARD ASSISTANT : Member Lehnert votes aye, Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD ASSISTANT : Member Planamento votes aye, Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD ASSISTANT : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : The motion carries unanimously. That concludes the deliberations. August 20, 2020 Special Meeting 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 : August 28, 2020 Z7