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Home My WebLink AboutZBA-10/01/2020 BOARD MEMBERS �OF SOU Southold Town Hall Leslie Kanes Weisman,Chairperson ry0 53095 Main Road•P.O.Box 1179 �® !Q Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes G Q Town Annex/First Floor, Robert Lehnert,Jr. '�ro • �O 54375 Main Road(at Youngs Avenue) Nicholas Planamento OWN, Southold,NY 11971 http://southoldtowiiny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 MINUTES REGULAR MEETING THURSDAY, OCTOBER 1, 2020 Due to public health and safety concerns related to COVID-19, and in accordance with the Governor's Executive Order 202.1, the October 1,2020 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 9:35 A.M. Chairperson Weisman called the meeting to order so that the members may enter into Executive Session. EXECUTIVE SESSION: (9:30 AM) 9:35 A.M. Motion was offered by Chairperson Weisman, seconded by Member Lehnert 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). 10:25 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 LehnertThis Resolution was duly adopted(5-0). Page 2—MINUTES Regular Meeting held October 1,2020 Southold Town Zoning Board of Appeals WORK SESSION: A. The Board discussed the Free Webinar hosted by Hoftra University for Training for Zoning and Planning Officials in two parts scheduled for October 7 and October 21. 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. B. Requests from the Board Members for future agenda items. C. Cameron Dowe and Meg Strecker #7421 — The applicant's agent requested that the matter be adjourned because the applicant did not properly post the property. 10:25 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): Cameron Dowe and Meg Strecker#7421 Deborah Winsor#7423 John Bellando #7424 John and Mary Anne Cassimitis #7425 Scott and Stacy Bowe#7426 Estate of Thomas Eiring by Stephen Gutleber, Executor#7427 Susan Cohen Wachter and Paul E. Wachter#7429 Michael and Vanessa Rebentisch#7430 Anthony Tartaglia and James Howell #7396 Vote of the Board: All. This resolution was duly adopted (5-0). Page 3—MINUTES Regular Meeting held October 1,2020 Southold Town Zoning Board of Appeals DELIBERATIONS POSSIBLE DECISION/RESOLUTIONS: DECISIONS TABLED: MICHAEL KREGER#7420 Vote of the Board: All. This resolutions were duly adopted (5-0). PUBLIC HEARINGS: 10:25 A.M. - CAMERON DOWE AND MEG STRECKER #7421 - Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's February 24, 2020 Notice of Disapproval based on an application for a permit to legalize an"as built" deck addition attached to an existing single family dwelling; at 1) located less than the code required minimum combined side yard setback of 35 feet; located at: 975 Cedar Point Drive West (Adj. to West Lake), Southold, NY. SCTM No. 1000-90-1-5. BOARD RESOLUTION: The applicant's agent requested the matter be adjourned to the next available meeting date. A motion was offered by Chairperson Weisman, seconded by Member Acampora to Adjourn the hearing to November 5, 2020. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:28 A.M. - DEBORAH WINSOR #7423 — By Martin Finnegan, Attorney and Deborah Winsor, Owner. Opposed by Jill Franke, neighbor. Request for Variances from Article XXII, Section 280-105; and the Building Inspector's June 26, 2020, Amended July 7, 2020 Notice of Disapproval based on an application for a permit to legalize an"as built" 8 foot fence in the side and rear yards, and an "as built" 6 foot fence in the front yard; at 1) fence more than the code permitted maximum four (4) feet in height when located in the front yard; 2) fence more than the code permitted maximum six and one-half (6-1/2) feet in height when located in the side and rear yards; located at: 45 Platt Road, Orient,NY. SCTM No. 1000-18-6-1. 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 and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0 10:50 A.M. - JOHN BELLANDO #7424 — By Lisbeth Thalhelmer, Representative and John Bellando Owner. Request for Variances from Article III, Section 280-15; Article IV, Section 280-18; and the Building Inspector's February 11, 2020, Amended March 11, 2020 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling and to legalize an "as built" accessory shed; at 1) shed located less than the code required minimum side yard setback of 15 feet; 2) more than the code permitted maximum lot coverage of 20%; located at: 1370 Jackson Street, (Adj. to Great Peconic Bay) New Suffolk, NY. SCTM No. 1000-117-10-10. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, Page 4—MINUTES Regular Meeting held October 1,2020 Southold Town Zoning Board of Appeals motion was offered by Chairperson Weisman, seconded by Member Lehnert to CLOSE and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duladopted 5-0) 11:07 A.M. - JOHN AND MARY ANNE CASSIMITIS #7425 — By John Cassimatis, Owner " and Robert Stephenson, Architect. Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's February 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 35 feet; 2) located less than the code required minimum rear yard setback of 35 feet; located at: 4355 Pequash Avenue, Cutchogue, NY. SCTM No. 1000-137-2-15. 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) 11:14 A.M. - SCOTT AND STACY BOWE #7426—By Fred Weber, Representative and Stacy Bowe, Owner. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's June 19, 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: 260 Oak Drive, Cutchogue, NY. SCTM No. 1000-104-5-27. 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) 11.23 A.M. - ESTATE OF THOMAS EIRING BY STEPHEN GUTLEBER, 'EXECUTOR #7427 — By Patricia Moore, Attorney and Steve Gutleber Executor. Request for a Variance from Article IV, Section 280-18 and the Building Inspector's March .2, 2020, Notice of Disapproval based on an application for a.permit to construct a new single family dwelling; at 1) located less than the code required minimum front yard setback of 50 feet; located at: 4077 Main Bayview Road (Adj. to West Creek), Southold, NY. SCTM No., 1000-78-2-18.4. 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 Adiourn the hearing to December 3, 2020. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0) 11:43 A.M. - MINI CEDARS, LLC #7428 —By Michael Kimack, Representative, Lisa Murray, Architect and Gilliame Bich, Owner. Opposed Wendy Lomas, Susan Melamud, Susan Masrino Dunning, Charlotte Greene, Adam Irving, Neighbors and Anthony Pasca, representing neighbors. Request for Variances from Article III, Section 280-18; Article XXIII, Section 280- 124; and the Building Inspector's July 31, 2020 Notice of Disapproval based on an application for a permit for a lot line change and the construction of a new single family dwelling; at 1) proposed lot is less than the code required minimum lot area of 40,000 sq. ft.; 2) proposed lot is less than the code required minimum lot width of 150 feet; 3) proposed dwelling located less Page 5—MINUTES Regular Meeting held October 1,2020 Southold Town Zoning Board of Appeals than the code required minimum front yard setback of 40 feet; 4) proposed construction more than the code permitted maximum lot coverage of 20%; located at: 905 Stephenson Road (Adj. to Long Island Sound), Orient, NY. SCTM No. 1000-17-1-2.2 and 1000-17-1-11.5. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to Adjourn the hearing to November 5, 2020. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0) 1:01 P.M. - SUSAN WACHTER AND PAUL E. WACHTER#7429 — By Bruce Anderson, Representative. Opposed by Debra Forni, Neighbor. Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's June 11, 2020, Notice of Disapproval based on an application for a permit to demolish an existing single family dwelling and construct a new single family dwelling; at 1) located less than the code required minimum front yard setback of 40 feet; 2) located less than the code required minimum single side yard setback of 15 feet; located at: 2295 Bay Shore Road (Adj. to Pipe's Cove) Greenport, NY. SCTM No. 1000-53-4-15. 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 Adiourn the hearing to November 5, 2020. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0) 1:55 P.M. Motion was offered by Chairperson Weisman, seconded by Member Lehnert to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 2:05 P.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora to reconvene the public hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 2:07 P.M. - MICHAEL AND VANESSA REBENTISCH #7430 — By Anthony Portillo, Representative. Request for Variances from Article III, Section 280-15F; Article XXIII, Section 280-124 and the Building Inspector's June 18, 2020, Amended August 7, 2020 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling and construct an accessory garage; at 1) dwelling is located less than the code required minimum front yard setback of 40 feet; 2) accessary garage located in other than the code required rear yard; located at: 1580 Corey Creek Lane (Adj. to Corey Creek), Southold, NY. SCTM No. 1000-78-4-19. 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) 2:17 P.M. - ANTHONY TARTAGLIA AND JAMES HOWELL #7396— By Anthony Portillo, Representative. Opposed by Kate Phelan, Neighbor. Request for Variances from Article XXIII, Section 280-123; Article XXIII, Section 280-124; and the Building Inspector's January Page 6—MINUTES Regular Meeting held October 1,2020 Southold Town Zoning Board of Appeals 29, 2020, Amended September 1, 2020 Notice of Disapproval based on an application for a permit to reconstruct an"as built" sunroom to an existing single family dwelling, and to legalize an"as built" deck/patio to an existing accessory garage with apartment ; at 1) "as built" addition and alteration to the nonconforming accessory garage with apartment is not permitted; a nonconforming use shall not be enlarged or structurally altered or moved, unless ,the use of the building is changed to a conforming use; 2) proposed construction to the�single family dwelling is located less than the code required minimum side yard setback of 15 feet; 3) proposed construction is more than the code permitted maximum lot coverage of 20%; located at: 55255 Suffolk County Route 48, (adj. to the Long Island Sound) Greenport, NY. SCTM No. 1000-44- 1-9. 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 Adiourn the hearing to the Special Meeting of October 15, 2020 . Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0) 2:33 P.M. - TIMOTHY FROST#7413 — (Reopened on September 17, 2020) By Timothy Frost, Owner. Comments from Ellen McNeilly, Neighbor. 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 Dantes to CLOSE, subiect to receipt of a supporting letter from neighbor . 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, November 5, 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 Lehnert to approve Minutes from Special Meeting held September 17, 2020. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0). RESOLUTION ADOPTED: Motion was, offered by Chairperson Weisman, seconded by Member Planamento to approve withdrawal of the area and use variance applications of Gail Barlow and Charles Squire #7417 and 7418, pursuant to the applicants' request. ,Vbte of the Board: Ayes: All. This Resolution was duly adopted(5-0). Page 7—MINUTES Regular Meeting held October 1,2020 Southold Town Zoning Board of Appeals There being no other business properly coming before the Board at this time, the Chairperson declared the meeting adjourned. The meeting was adjourned at 3:26 P.M. Respectful y ssuubmitte 'l . Kim E. uentes I® /1°l /2020 Board Assistant Included by Reference: Filed ZBA Decisions (0) P AA eslie K nes Weisman, Chairperson la //7 /2020 Approved for Filing Resolution Adopted RECEIVED ED Piet 0 CT 2 6 2020 Sou old Town Clerk