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Home My WebLink AboutZBA-08/06/2020 BOARD MEMBERS ��of so(/l Southold Town Hall Leslie Kanes Weisman,Chairperson yo 53095 Main Road•P.O.Box 1179 �® l0 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes G Q Town Annex/First Floor, Robert Lehnert,Jr. �`cO • �O 54375 Main Road(at Youngs Avenue) Nicholas Planamento lij'COU Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 MINUTES REGULAR MEETING THURSDAY, AUGUST 6, 2020 Due to public health and safety concerns related to COVID-19, and in accordance with the Governor's Executive Order 202.1, the Aullust 6, 2020 Zoning Board of Appeals meeting was held via ZOOM WEBINAR beginning at 9:30 AM. Present were: Leslie Kanes Weisman, Chairperson Nicholas Planamento Patricia Acampora Eric Dantes Robert Lehnert William Duffy, Town Attorney John Burke, Assistant Town Attorney Kim Fuentes, ZBA Secretary Elizabeth Sakarellos, Office Assistant Donna Westermann, P/T Office Assistant Matt Hogan, VHB Engineering 9:27 A.M. Chairperson Weisman called the meeting to order. EXECUTIVE SESSION: (9:30 AM) 9:30 A.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora to enter into Executive Session in order to receive Attorney Advice. Vote of the Board: Ayes: Members Weisman (Chairperson) Planamento Dantes Acampora and Lehnert. This Resolution was duly adopted 5-0). 9:50 A.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes to exit Executive Session. Vote of the Board: Ayes: Members Weisman (Chairperson), Planamento, Dantes Acampora and LehnertThis Resolution was duly adopted (5-0). Page 2—MINUTES Regular Meeting held August 6,2020 Southold Town Zoning Board of Appeals 10:01 A.M. Chairperson Weisman called the public hearing to order. A Motion was offered by Chairperson Weisman seconded by Member Dantes, to open the public hearings section of the meeting. Vote of the Board: Ayes: All. This Resolution was duly dopted (5-0) STATE ENVIRONMENTAL QUALITY REVIEWS; BOARD RESOLUTION: Motion was offered by Chairperson Weisman seconded by Member Acampora, to declare the following applications as Type II Actions and not subject to environmental review pursuant to State Environmental Quality Review (SEQR) 6 NYCRR, Part 617.5 (c) (3), with No Adverse Effect for the following projects as applied: A. Type II Actions (No further steps- setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests): Laura Flavin#7391 George and Lynn Krug#7392 Daniel Wright 47395 Paul and Kelly Demato #7407 Wendy Davis #7397 Mike and Mary Beth Petsky (Breezy Shores Cottage 410) #7408 Joseph Devito 47401 Andrew and Linda Toga #7403 Indian Neck IV, LLC 47409 Indian Neck II, LLC#7410 Indian Neck III, LLC #7411 Gerald Milito 47405 1925 Grandview Inc., Patrick Treanor, President#7390 Donna M. Wexler, Donna M. Wexler Revocable Trust and Rodney T. Quarty#7363 Vote of the Board: All. This resolution was duly adopted (5-0). B. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Lehnert that the Southold Town Zoning Board of Appeals declares Lead Agency status for the SEQRA review of the special exception application of SEAN MAGNUSON OF HNF RESORTS, EASTERN LONG ISLAND KAMPGROUND COTTAGES #7384SE, has determined that this Action as Unlisted pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, and hereby makes a determination of non-significance for the proposed action and grants a Negative Declaration. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 3—MINUTES Regular Meeting held August 6,2020 Southold Town Zoning Board of Appeals POSSIBLE RESOLUTION TO CLOSE THE FOLLOWING HEARINGS: HARD CORNERS PROPERTIES, LLC #7387 —(Adjourned from July 16, 2020) Request for a Variance from Article X, Section 280-46 and the Building Inspector's January 14, 2020 Notice of Disapproval based on an application to construct a mixed-use commercial building with accessory apartments and four single family dwellings upon a 99,208 sq. ft. parcel; at, 1) one commercial and four residential uses upon a single parcel measuring less than the minimum allowed 100,000 sq. ft. in total area; located at: 53530 Main Road, Southold, NY SCTM NO. 1000-61-4-1. BOARD RESOLUTION: A motion was offered by Chairperson Weisman, seconded by Member Lehnert to CLOSE and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted 4-0). (Member Planamento Recused) DELIBERATIONS POSSIBLE DECISION/RESOLUTIONS: , DECISIONS TABLED: ALEKSANDER MYFTARAGO #7346 SOLUTIONS EAST, LLC Vote of the Board: All. This resolutions were duly adopted (5-0). RELIEF GRANTED AS APPLIED WITH CONDITIONS: HARD CORNERS PROPERTIES, LLC #7387 Vote of the Board: All. This resolution was duly adopted (4-0) (Member Planamento Recused). PUBLIC HEARINGS: 10:11 A.M. - LAURA FLAVIN #7391 — By Joseph Pagac, Representative. Request for Variances from Article VIII, Section 280-39 and the Building Inspector's December 4, 2020 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling; at 1) located less than the code required minimum front yard setback of 50 feet; 2) located less than the code required minimum side yard setback of 15 feet; located at: 50705 Main Road, Southold, NY. SCTM No. 1000-70-1-7.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Dantes to CLOSE and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Member Planamento Recused) 10:22 A.M. - GEORGE AND LYNN KRUG#7392—by Charles Cuddy, Attorney. Matt Lyons in support. Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's December 16, 2019 Notice of Disapproval based on an application for a permit to Page 4—MINUTES Regular Meeting held August 6,2020 Southold Town Zoning Board of Appeals construct additions and alterations to an existing single family dwelling; at 1) located less than the code required minimum front yard setback of 35 feet; 2) located less than the code required minimum side yard setback of 10 feet; 3) located less than the code required minimum combined side yard setback of 25 feet; 4) more than the code permitted maximum lot coverage of 20%; located at: 1175 Second Street, New Suffolk, NY. SCTM No. 1000-117-7-20. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to CLOSE and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:30 A.M. - DANIEL WRIGHT #7395 — By Nancy Write and Daniel Wright, Owners. Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector's January 31, 2020 Notice of Disapproval based on an application for a permit to demolish an existing dwelling and reconstruct a new single family dwelling; at 1) located less than the code required minimum front yard setback of 35 feet; 2) located less than the code required minimum side yard setback of 10 feet; 3) located less than the code required minimum combined side yard setback of 25 feet; 4) existing garage located in other than the code required rear yard; located at: 2105 Orchard Road, East Marion, NY. SCTM No. 1000-37- 3-6. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to CLOSE and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:39 A.M. - PAUL AND KELLY DEMATO #7407 — By Kelly Wood Demato, Owner; Anthony Portillo, Representative. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's February 12, 2020 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing dwelling; at 1) less than the code required minimum front yard setback of 35 feet; located at: 355 Riley Avenue, Mattituck, NY. SCTM No. 1000-143-4-19. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento to CLOSE and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:54 A.M. - WENDY DAVIS #7397 — By Eileen Wingate, Representative. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's January 27, 2020 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling; at 1) located less than the code required minimum front yard setback of 40 feet; located at: 200 Pierce Street, Cutchogue, NY. SCTM No. 1000-136-1- 35.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Acampora to CLOSE and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:01 A.M. - MIKE AND MARY BETH PETSKY (BREEZY SHORES COTTAGE #10) #7408 — By Robert Brown, Representative, Mike Petsky, Owner. Request for a Variance from Article XXIII, Section 280-123 and the Building Inspector's January 2, 2020 Notice of Disapproval based on an application for a permit to construct additions and alterations to an Page 5—MINUTES Regular Meeting held August 6,2020 Southold Town Zoning Board of Appeals existing seasonal cottage; at 1) a non-conforming building containing a non-conforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use; at: 65490 Route 25, (Breezy Shores Cottage #10, Adj. to Shelter Island Sound) Greenport, NY. SCTM#1000-53-5-12.6. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to CLOSE and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:07 A.M. - JOSEPH DEVITO #7401 —By Dr. Joseph Devito;Owner. Request for a Variance from Article III, Section 280-15 and the Building Inspector's January 8, 2020 Notice of Disapproval based on an application for a permit to construct an accessory shed; at 1) located in other than the code required rear yard; located at: 100 Lighthouse Lane, Southold, NY. SCTM No. 1000-70-6-27. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Acampora to CLOSE subject to receipt of an amended survey. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:24 A.M. - ANDREW AND LINDA TOGA #7403 — By Bruce Anderson and Brett Kehl, Representatives. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's January 30, 2020 Notice of Disapproval based on an application for a permit to demolish an existing dwelling and construct a new single family dwelling; at 1) less than the code required minimum rear yard setback of 50 feet; located at: 2425 Mill Creek Drive, (Adj. to Arshamomaque Pond — Long Creek) Southold , NY. SCTM No. 1000-51-6-40. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Dantes to CLOSE and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:48 A.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora to take a Lunch Break. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 12:56 P.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento to reconvene the public hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0). PUBLIC BEARING CONTINUED: At 1:12 P.M - INDIAN NECK IV, LLC #7409 — By Martin Finnegan, Attorney, and Ernest Scalamandre, Owner. Opposed by Barbara Farr and questions from Judy Teeven, neighbors. Request for a Variance from Article XXII, Section 280-105C and the Building Inspector's January 13, 2020, Amended February 24, 2020 Notice of Disapproval based on an application for a permit to legalize an "as built" 8 foot deer fence; at 1) not permitted on vacant parcel not engaged in bona fide agriculture production; located at: 1985 Leslie Road, Peconic,NY. SCTM No. 1000-98-1-2.1; and Page 6—MINUTES Regular Meeting held August 6,2020 Southold Town Zoning Board of Appeals INDIAN NECK II, LLC #7410 - Request for a Variance from Article XXII, Section 280-105C and the Building Inspector's January 13, 2020, Amended February 24, 2020 Notice of Disapproval based on an application for a permit to legalize an"as built" 8 foot deer fence; at 1) not permitted on vacant parcel not engaged in bona fide agriculture production; located at: 3595 Skunk Lane, Cutchogue,NY. SCTM No. 1000-97-9-12; and INDIAN NECK III, LLC #7411 - Request for a Variance from Article XXII, Section 280-105C and the Building Inspector's January 13, 2020, Amended February 24, 2020 Notice of Disapproval based on an application for a permit to legalize an "as built" 8 foot deer fence; at 1) not permitted on vacant parcel not engaged in bona fide agriculture production; located at: 3123 Skunk Lane, Cutchogue, NY. SCTM No. 1000-97-9-10.4. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Acampora to CLOSE all Three (3), and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:58 P.M. - GERALD MILITO #7405 — By Eileen Santora, Representative. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's January 22, 2020 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing dwelling; at 1) less than the code required minimum side yard setback of 10 feet; located at: 550 West Road, Cutchogue, NY. SCTM No. 1000-110-5-41. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Acampora to CLOSE and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 2:04 P.M. - SEAN MAGNUSON FOR HNF RESORTS, INC. (EASTERN L.I. KAMPGROUND) #7384SE — By Eileen Wingate, Representative; Christopher Winter and Sean Magnuson, Owners. Request for a Special Exception, pursuant to Town Code Article VIII, Section 280-35B(5) and Town Code Article 1, Section 253-1, the applicant is requesting permission to alter the existing Tourist and Trailer Campground by removing twenty (20) tent sites and constructing twenty (20) seasonal cabins, as well as variances for twenty (20) cabins measuring 504 sq. ft. where the code only allows cabins to measure a maximum of 450 sq. ft. in size; located at: 64500 County Road 48, Greenport. SCTM#1000-40-3-5. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Acampora to CLOSE and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 2:21 P.M. - 1925 GRANDVIEW INC., PATRICK TREANOR, PRESIDENT #7390 — By Patricia Moore, Attorney; Vincent Benic, Representative; and Patrick Treanor, Owner. Request for a Variance from Article III, Section 280-13 and the Building Inspector's January 6, 2020 Notice of Disapproval based on an application for a permit to legalize "as-built" additions and alterations to an existing single family dwelling; at 1) more than the code permitted maximum two and one-half (2-1/2) stories; located at: 1925 Grandview Drive, Orient, NY. SCTM No. 1000-14-2-3.21. BOARD RESOLUTION: (Please see transcript of written statements prepared Page 7—MINUTES Regular Meeting held August 6,2020 Southold Town Zoning Board of Appeals under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Acampora to CLOSE and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 3:08 P.M. - DONNA M. WEXLER, DONNA M. WEXLER REVOCABLE TRUST AND RODNEY T. QUARTY #7363 — By Patricia Moore, Attorney; Tom Quarty, Owner. Request for Variances from Article IV, Section 280-18 and the Building Inspector's September 30, 2019 Notice of Disapproval based on an application for a subdivision of merged properties at, 1) both proposed lots will be less than the code required minimum lot area of 40,000 sq. ft.; located at 1275 West Hill Road and 1175 West Hill Road, Southold, NY. SCTM#1000-70-4-22 and 1000- 70-4-23. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Acampora to CLOSE and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). RESOLUTIONS: RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Acampora to set the next Regular Meeting with Public Hearings to be held on Thursday, September 3, 2020, at 9:00 AM. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Dantes to approve Minutes from Special Meeting held July 16, 2020. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0). There being no other business properly coming before the Board at this time, the Chairperson declared the meeting adjourned. The meeting was adjourned at 3:47 P.M. Resp ctfully s bm' ed, Kim E. Fuentes "? /a t j /2020 Board Assistant Included by Reference: Filed ZBA Decisions (1) 6 J-� 4Leslie Ka es Weisman, Chairperson /,7/2020 AUG 2 8 2020 Approved for Filing Resolution Adopted0 S®ut Id Town�Clerk