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Home My WebLink AboutZBA-09/03/2020 BOARD MEMBERS of SU(/ Southold Town Hall Leslie Kanes Weisman,Chairperson ��+ j�® 53095 Main Road•P.O.Box 1179 �® l0 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lennert,Jr. • �� 54375 Main Road(at Youngs Avenue) Nicholas PlanamentoI�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, SEPTEMBER 3, 2020 Due to public health and safety concerns related to COVID-19, and in accordance with the Governor's Executive Order 202.1, the September 3,2020 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 Kim Fuentes, ZBA Secretary Elizabeth Sakarellos, Office Assistant Donna Westermann, P/T Office Assistant John Jarski, Building Inspector Alan Belniak, VHB Engineering 9:00 A.M. Chairperson Weisman called the meeting to order so that the members may enter into Executive Session. EXECUTIVE SESSION: (9:00 AM) 9:03 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). 10:00 A.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora to exit Executive Session. Vote of the Board: Ayes: Members Weisman(Chairperson), Planamento Dantes Acampora and Lehnert. This Resolution was duly adopted5-0). Page 2—MINUTES Regular Meeting held September 3,2020 Southold Town Zoning Board of Appeals WORK SESSION: A. #7339, Cimino, Cono - The Board discussed written correspondence from the Applicant's representative. It was decided that the hearing should be reopened if the applicant wishes to amend his approved site plan. B. The Board discussed the Free Webinar hosted by the Association of Towns for 2020 Webinar Training for Zoning and Planning Officials. The Chairperson encouraged members to register in order to obtain credits for required training for Town Officials, and requested that Staff Secretary submit a Resolution requesting that the Town Board Grant permission to attend for required annual continuing education credits. 10:04 A.M. Chairperson Weisman called the public hearing to order. A Motion was offered by Chairperson Weisman seconded by Member Acampora, to open the public hearings section of the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0) STATE ENVIRONMENTAL QUALITY REVIEWS; BOARD RESOLUTION: Motion was offered by Chairperson Weisman seconded by Member Acampora, to declare the following applications as Type II Actions and not subject to environmental review pursuant to State Environmental Quality Review(SEQR) 6 NYCRR, Part 617.5 (c) (3), with No Adverse Effect for the following projects as applied: A. Type II Actions (No further steps- setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests): North Fork One, LLC, Geoffrey M. Prisco #7399 5645 Aldrich Lane,LLC #7412SE Timothy Frost #7413 Eric Baiz #7414 Susan Ambrosio #7415 Richard R. Vanderbeek, Jr.,Paul B. Vanderbeek,Et Al 47416 Michael Kreger #7420 Barbara J. Cohen #7419 David and Jennifer Collins 47422 Gail Barlow and Charles Squire #7417 Gail Barlow and Charles Squire #7418 Vote of the Board: All. This resolution was duly adopted (5-0). 1 Page 3—MINUTES Regular Meeting held September 3,2020 Southold Town Zoning Board of Appeals DELIBERATIONS POSSIBLE DECISION/RESOLUTIONS: DECISIONS TABLED: I 1925 Grandview Inc., Patrick Treaner, President#7390 Vote of the Board: All. This resolutions were duly adopted (5-0). PUBLIC HEARINGS: i I 10:11 A.M. - NORTH FORK ONE, LLC, GEOFFREY M: PRISCO #7399 — By Geoffrey Prisco, Owner. Request for a Variance from Article III, Section 280-15 and the Building Inspector's January 14, 2020 Notice of Disapproval based on an application for a permit to construct an accessory garage; at 1) located in other than the code required rear yard; located at: 290 Windward Road, Orient, NY. SCTM No. 1000-19-1-12.3. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Dantes to CLOSE and Reserve Decision. Vote of the Board: Ayes:O All. This Resolution was duly adopted (5-0). j 10:26 A.M. - 5645 ALDRICH LANE, LLC #7412SE — By Michael Kimack, Representative, Norman Keil, Owner. Request for a Special Exception, pursuant to Town Code Article III, 1 Section 280-13 B (9), the applicant is requesting permission construct a Farm Labor Camp to accommodate up to ten (10) seasonal workers in an existing storage building currently situated upon agricultural property; located at: 5645 Aldrich Lane, Mattituck. SCTM#1000-120-3-11.13. 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 iof the Board: Ayes: All. This Resolution was duly adopted (5-0 10:38 A.M. - TIMOTHY FROST #7413 — By Timothy Frost, Owner, Kevin Perry, Representative. Opposed by Ellen McNeilly. Request for Variances from Article III, Section 280-15 and the Building Inspector's February 19, 2020 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool and an accessory pool house and garage; at 1) swimming pool located in other than the code required rear yard; 2) accessory pool house/garage located in other than the code required rear yard; located at: 1995 Village Lane, Orient, NY. SCTM No. 1000-25-3-12.1. 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 ,I i Page 4—MINUTES Regular Meeting held September 3,2020 Southold Town Zoning Board of Appeals 11:06 A.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0). 11:11 A.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento to reconvene the public hearing. Vote of the Board: Ayes: All.l This Resolution was duly adopted (5-0). 11:13 A.M. - ERIC BAIZ 97414—By Patricia Moore, Attorney and Eric Baiz, Owner. Request for a Variance from Article III, Section 280-15 and the Building Inspector's February 24, 2020 Notice of Disapproval based on an application to legalize as built additions to an existing single family dwelling; at 1) existing accessory garage located in other than the code required rear yard; located at: 870 Bay Home Road, Southold, NY. SCITM No. 1000-56-5-2. BOARD RESOLUTION: (Please see transcript of written statements) prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Acampora to CLOSE and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0) 11:19 A.M - SUSAN AMBROSIO #7415 —By Scott Ambrosio, Owner. Request for Variances from Article III, Section 280-15 and the Building Inspector's February 21, 2020, Amended July 22, 2020 Notice of Disapproval based on an application to construct an accessory garage and two accessory sheds; at 1) accessory garage located in other than the code required rear yard; 2) accessory shed located in other than the rear yard; 3) accessory shed located less than the code required front yard setback of 50 feet; located at: 1940 Mason Drive, (Adj. to Broadwaters Cove) Cutchogue, , NY. SCTM No. 1000-104-7-16.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to CLOSE hearing subject to receipt of additional information. Vote of the Board! Ayes: All. This Resolution was duly adopted (5-0) j 11:34 A.M. - RICHARD R. VANDERBEEK, JR., PAUL B. VANDERBEEK, ET AL #7416 — By Bruce Anderson, Representative and Richard Vanderbeek, Owner. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's November 21, 2019 Notice of Disapproval based on an application to legalize an "as built" deck addition attached to an existing single family dwelling; at 1) located less than the code required total side yard setback of 25 feet; located at: 1150 Ruch Lane, (Adj. to Hashamomuck Pond) Greenport, NY. SCTM No. 1000-52-2-35. RESOLUTION: (Please see transcript of 7itten 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) 11:41 A.M. - MICHAEL KREGER #7420 — By Stephen Kiely, Attorney. Request for an Interpretation pursuant to Article III, Section 280-13 and the Building Inspector's February 25, 2020 Notice of Disapproval based on an application for additions and alterations to a single family dwelling to determine whether the current improvements constitutes as a third floor; Page 5—MINUTES Regular Meeting held September 3,2020 Southold Town Zoning Board of Appeals located at: 985 Bay Shore road, (Adj. Pipes Creek) Greenport, NY. SCTM No. 1000-53-3-13.1. 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 hearing subject to receipt of additional information. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0) 12:18 P.M. - BARBARA J. COHEN #7419 — By Barbara Cohen, Owner. Danielle Leon and Brent Robertson, Representatives. Request for a Variance from Article XXII, Section 280- 105C(3 ) and the Building Inspector's June 5, 2020 Notice of Disapproval based on an application for a permit to construct a deer fence; at 1) more than the code permitted maximum four (4) feet in height when located in the front yard; located at: 3100 Indian Neck Lane, Peconic, NY. SCTM No. 1000-98-1-2.14. 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) 12:50 P.M. Motion was offered by Chairperson Weisman, seconded by Member Lehnert to take a Lunch Break. Vote of the Board: Ayes: All. This Resolution was duly adopted ,5-0. 1:20 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 HEARINGS (CONTINUED) 1:20 P.M. - DAVID AND JENNIFER COLLINS #7422 —By Anthony Portillo, Representative, and Jennifer Collins, Owner. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's June 16, 2020 Notice of Disapproval based on an application to construct a front porch addition to an existing single family dwelling; at, 1) located less than the code required front yard setback of 40 feet; located at: 6685 Oregon Road, Cutchogue , NY. SCTM No. 1000-95-1-6. 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) 1:32 P.M. - GAIL BARLOW AND CHARLES SQUIRE #7417 — By Diego Steisel, Representative. Request for a Variance from Article XXIII, Section 280-121 A and the Building Inspector's February 5, 2020 Notice of Disapproval based on an application to construct additions and alterations to an existing non-conforming accessory garage; at 1) located in other than the rear yard; located at: 3480 Orchard Street, Orient , NY. SCTM No. 1000-27-3-3.3. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to CLOSE, subject to receipt of Amended Plans. Vote of the Page 6—MINUTES Regular Meeting held September 3,2020 Southold Town Zoning Board of Appeals Board: Ayes: All. This Resolution was duly adopted 5-0) 1:32 P.M. - GAIL BARLOW AND CHARLES SQUIRE #7418 — By Diego Steisel, Representative. Request for a Use Variance from Article III, Section 280-13 C and the Building Inspector's February 5, 2020 Notice of Disapproval based on an application to construct additions and alterations to an existing non-conforming accessory garage to be converted into habitable space; at 1) proposed improvement does not constitute a permitted accessory use; at: 3480 Orchard Street, Orient , NY. SCTM No. 1000-27-3-3.3. 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 CLOSE, subject to receipt of Amended Plans. 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, October 1, 2020, at 9:30 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 August 20, 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 2:07 P.M. Respectfully s b 'tted, qKimE. Fuentes q / 13/2020 Board Assistant Inclu by Reference: Filed ZBA Decisions (0) e DECEIVED Leslie Kanes Weisman, Chairperson 7 / -g/2020 & 4A44 S E P 2 4 2020 Approved for Filing Resolution Adopted 4� a ma Sothhold Town Clerk