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HomeMy WebLinkAboutZBA-11/19/2020 Hearing ZBA Special Meeting November 19, 2020 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS COUNTY OF SUFFOLK: STATE OF NEW YORK --------------------------------------------------------------------------------------- TOWN OF SOUTHOLD ZONING BOARD OF APPEALS --------------------------------------------------------------------------------------- Zoom Webinar Video Conferencing Southold, New York ZBA Special Meeting November 19, 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 ZBA Special Meeting November 19, 2020 = _ ZONING BOARD OF APPEALS SPECIAL MEETING CHAIRPERSON WEISMAN : Welcome everyone to the Thursday, November 19, 2020 Special Meeting of the Zoning Board Appeals.This Special Meeting will be held virtually via the Zoom on- line platform pursuant to Executive Order 202.1 of New York Governor Andrew Cuomo, in person access by the public will not be permitted. The public will have access to view or listen to the meeting as it's happening via Zoom. However this meeting is not a public hearing and no testimony will be solicited or received.The first item on the agenda is a Work Session. Let me ask you, Board members are there any agenda items you would like me to add for the next meeting at this point? No, I'm seeing shaking heads.Alright well if you think of anything just email me and we'll put it on. We have a de minimus amended determinations Appeal #7414 Ambrosio which I have sent you all copies of we just did a determination on this application that granted an accessory garage in a side yard and the removal of one of two existing sheds. The applicant then had to go to the Trustees for approval for setbacks from the wetlands on the property and no garage was submitted and the request was to retain two accessory sheds. So this is not specifically a de minimus although that is the right procedure to follow, I'm going to explain all of that in a letter to the applicant but what we had to really do to codify this properly was to write an amended decision which I'd like to all present to you to vote on.This would be amended as of tonight and what it is basically doing is adding into additional information the fact that Trustees approval went to the applicant after the ZBA's decision was rendered and they wanted to receive a C.O.for their subject dwelling,their newly built home so they applied to the Trustees for approval of the two as built sheds that are on the property with non-conforming setbacks from the wetlands, no garage was part of that approval so in order for this to reflect what the Trustees decision was we're going to have to amend this decision essentially rescinding the condition that required the removal of one of those sheds and rescinding the variance relief for the proposed accessory garage in the side yard. That is basically what this amended decision does. Does anyone have any questions about it, you've all read it right? MEMBER ACAMPORA :Yes. CHAIRPERSON WEISMAN :You had a chance to read it, okay. So that's basically all that it says just to be consistent with what Trustees approved. So they no longer have relief for an accessory garage in the side yard but they can keep their two sheds. Alright so any discussion on it? So hearing none I'm going to make a motion to amend the decision as just discussed, is there a second? MEMBER DANTES : Second. 2 ZBA Special Meeting November 19, 2020 _s.... CHAIRPERSON WEISMAN : Seconded by Member Dantes, Kim call the roll please. BOARD ASSISTANT : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD ASSISTANT : Member Dantes votes aye. Member Lehnert how 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. When I go in Kim to sign decisions tomorrow from tonight please print that'out and the letter also on letterhead and I'll sign them as well. Alright the next we have two possible resolutions to close the following hearings, the first is Michael Kreger#7420. That basically we had reopened this hearing on October 15th like a month ago in order to complete the record to obtain a memorandum from the Building Department and basically stating how it is,that they interpreted the code meaning of third story, how they did that and what they thought a half story was. We've given them an entire month to respond, to date we do not have a reply. ('believe in fairness to the applicant that we really ought to just close the matter at this point. We were going to leave it open for the applicant's attorney to reply if he chose to do that but I think that this has been going on for too long and that we will just have to make a determination without the benefit of that memorandum so there will be no need for the applicant's attorney to respond because we don't have anything to respond to. Are you all clear on what I'm saying, is everybody yeah. Okay I'm seeing nodding heads. Alright so then I'm going to make a motion then that way we can put this on forthe next meeting our next Regular Meeting in December and I'm going to make a motion to close the hearing reserve decision to a later date. Is there a second? MEMBER LEHNERT : Second. CHAIRPERSON WEISMAN : Seconded by Member Lehnert, Kim would you call the roll please. 3 r ZBA Special Meeting November 19, 2020 BOARD ASSISTANT : Member Acampora how do you vote? MEMBER ACAMPORA :Aye. BOARD ASSISTANT : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES :Aye. BOARD ASSISTANT : Member Dantes votes aye. Member Lehnert how 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 this application is closed. The next one is for. Aleksander Jedynski # 7435. This was adjourned to tonight's meeting frorn,the November Regular Meeting because we were requesting an amended lot coverage relief. We did receive that from the architect but we are still waiting for information on a septic upgrade to an IA system which we received notice today as forthcoming very soon and also the fact that we wanted to know about any prior variance relief in the neighborhood for front yard setbacks and or lot coverage for that matter. So I'm going to make a motion since we're still waiting for those matters and the applicant's agent is aware of it to adjourn this application to the December Regular Meeting what is that the 3rd? BOARD ASSISTANT : The 3rd yes. CHAIRPERSON WEISMAN : Motion is to adjourn to December 3rd is there a second? MEMBER ACAMPORA : Second. CHAIRPERSON WEISMAN : Seconded by Member Acampora. Kim call the roll please. BOARD ASSISTANT : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye. Member Dantes how do you vote? 4 ZBA Special,Meeting November 19, 2020 MEMBER DANTES :Aye. BOARD ASSISTANT : Member Dantes votes aye. Member Lehnert how 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 first application for deliberations, everybody has their drafts? First one is for Anthony Tartaglia and James Howell #7396.This is basically for an approval of I'll just do this one if that's okay.The variances that are requested here are for a single side yard setback and lot coverage on a property 35.5% where 20% is permitted on a single side yard setback of 12.9 where 15 is required. There are a bunch of Pre-C.O.'s on this property. There are a bunch of construction there's construction being undertaking on the property now. The problem was that a prior bungalow was in the coastal erosion hazard area.We asked the Trustees to go first and to render a decision.As a consequence that structure is being removed from the coastal erosion hazard area and so we are not left with these two variances. The, proposal is to grant the variances as applied for with a whole bunch of conditions. Some of it is standard conditions but primarily the ones that are a little different involve the updating of Certificate of Occupancy because previously the accessory garage we had a C.O. for an accessory garage with basement below and apartment above and now we have discovered that it is not capable of being a garage. It has been used for storage for some time so we're asking the applicant to correct that Certificate of Occupancy by going to the Building Department and to get one for accessory storage building with storage below and an apartment above all unconditioned, non-habitable space except for the apartment. There was another variance wasn't that for the MEMBER LEHNERT : No there was the deck and the addition to the house. They demolished the third one. BOARD ASSISTANT : It was on the bungalow. MEMBER LEHNERT : The bungalow and (inaudible) lot coverage, it was the lot coverage. 5 ZBA Special Meeting November 19, 2020 CHAIRPERSON WEISMAN : Wait a minute, it's also for the second floor deck addition to Ahe-'.- accessory structure the apartment. MEMBER LEHNERT : Correct. CHAIRPERSON WEISMAN : So that's the third, the side yard, the lot coverage and that deck addition because a pre-existing non-conforming building cannot be enlarged. So there's three and there's substantial reasons in here as to why all of them are specifically okay and mitigated. We have a condition that that deck needs to remain open to the sky, it's basically to be used as a sitting area and an entrance an exterior entrance to the legally existing apartment. We're requesting and they've already agreed to the removal of the glass doors on the northerly side of the accessory garage which can be replaced if they want with a wooden door and a window. They're now putting in an IA system that's on the survey we're confirming that and the rest are essentially you know fairly standard conditions. Is there any comment or discussion on this one by anybody? MEMBER ACAMPORA : No. CHAIRPERSON WEISMAN : Ready to vote, okay. So Kim would you call the roll please. BOARD ASSISTANT : Somebody didn't make the motion, no motion was made. S w CHAIRPERSON WEISMAN : I'm sorry, motion to grant the variance as applied for with the four mentioned conditions. Is there a second? MEMBER DANTES : Second. CHAIRPERSON WEISMAN : Seconded by Member Dantes, Kim call the roll with my apologies for jumping the gun. BOARD ASSISTANT : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD ASSISTANT : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. BOARD ASSISTANT : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. 6 ZBA Special,Meeting November 19, 2020 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 before the Board is for Phillip Lim#7402.This is for a side yard setback and swimming pool with deck. Nick would you walk us through this? MEMBER PLANAMENTO : Leslie I don't know if you guys can hear me, I'd like to walk you through but I'm wondering would you mind just cause Kim and I are sitting very close together we both have masks on and it's kind of hard to talk through the mask. Do you mind just CHAIRPERSON WEISMAN : Do you want me to do it? MEMBER PLANAMENTO : Yes if you don't mind just cause it's a little cumbersome. CHAIRPERSON WEISMAN : Not at all. Alright well it's a very long decision because there's a lot of information about prior Certificates of Occupancy, Soil and Water which has problems with it, there are problems with it being inconsistent with the LWRP. The Trustees did approve the swimming pool and deck but part of it is in the coastal erosion hazard area and we still have an LWRP determination of linconsistency. The relief is to legalize the as built construction of an accessory deck measuring 33 x 51 surrounding an in-ground swimming pool and hot tub with a side yard setback of 6.8 feet where the code requires a minimum of 15 and legalize an as built deck measuring 5.2 feet by 14.6 feet attached to the residence with a side yard setback of 9.2 feet where 15 is required. Essentially there are some serious runoff problems on that property. It's accessed on Hyatt Rd. as a kind of common right of way from Sound Ave. The as built pool deck in the coastal erosion hazard area is going to set a very, very unfortunate precedent in the community. No construction nor can this Board in fact grant variances in the coastal erosion hazard area,that would be in the authority of the Town Board and the Trustees and the deck was added and enlarged actually after the original C.O. which was in place some time ago but that C.O. does not accurately describe this deck. There is none in fact on that survey rather. The applicant could put the pool the pool surround outside of the CEHA and reduce the size of the existing pool deck to make it conform to the side yard. They're very substantial it's a hundred percent relief from the code for the pool deck in the CEHA and 38.6% from the code for the as built deck addition attached to the residence. It was stated at the hearing that the use of the deck was to put plants on Nick is there something you would like to add? MEMBER PLANAMENTO : Oh no I was talking to Kim, sorry. 7 ` ZBA Special Meeting November 19, 2020 CHAIRPERSON WEISMAN -Let me know if there's anything I'm not covering that you'd like to be - entered here.The original survey which was 1986 showed a pool that was 15 X 30 feet and a pool placement 10 feet from the eastern property line. So it doesn't conform to what the included with the application 7402 illustrating a pool measuring 18 X 36 and that's what we have 18 X 36. So they're totally different the survey that was submitted with the original C.O. and the survey that's before us here. Let me cut right to the chase at this point unless people have anything they want to add. The Board is proposing to deny this application as applied for. Is there discussion, Pat or Eric, Rob? MEMBER PLANAMENTO :The only thing I would add and I don't know if you can hear me but the only thing I would add is the platform by the side entrance, the applicant even stated that the platform served no purpose. CHAIRPERSON WEISMAN :Yeah I think I just mentioned that he said it had some plants on it. It's important for people to understand that when the Board finds an approval for something it has to be because there is no other reasonable alternative number one and then it also has to be the very smallest variance that can possibly be granted. That is what the law requires us to do. So there is a motion for a denial, is there a second on that motion? MEMBER PLANAMENTO : Second. CHAIRPERSON WEISMAN : Kim would you call the roll now please. BOARD ASSISTANT : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD ASSISTANT : Member Dantes votes aye. Member Lehnert how 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. 8 ZBA Special Meeting,Novernbex_19, 2020 CHAIRPERSON WEISMAN : The motion carries urianimously. The next application before the Board is for 8100 Horton Lane LLC # 7433. This is a new home being proposed on the subject property after the demolition of the existing dwelling. Rob do you want to walk us through that? MEMBER LEHNERT : We granted relief to this house once before, they changed the design and what happened was the Building Department gave him a disapproval for a third story which was due to FEMA requirements to be at a certain height. The third story is really not a third story, it's the foundation it just happens to be above grade.The building is still below the 35 foot maximum for the town,they're proposing an IA system for the house and we asked the architect to submit a new plan showing the removal of the proposed shower in the cabana bathroom relocating to an exterior shower which is allowable. CHAIRPERSON WEISMAN : That about covers it, anything from anybody, comments from any Board Members, corrections, edits, changes?Alright hearing none I'm going to make a motion to well why don't you make,the motion. MEMBER LEHNERT: I make a motion to grant the variance as applied for subject to the conditions listed. CHAIRPERSON WEISMAN : Is there a second from someone? gg�,l MEMBER DANTES : Second. CHAIRPERSON WEISMAN : Seconded by Member Dantes. Kim would you call the roll please. BOARD ASSISTANT : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD ASSISTANT : Member Dantes votes aye. Member Lehnert how 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. 9 ZBA Special Meeting November 19, 2020 BOARD ASSISTANT : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : The motion carries unanimously. The next application is for Barbara and Bob Martucci #7431. Nick do you want to do this or do you want me to do it? MEMBER PLANAMENTO : Do you mind,thank you. CHAIRPERSON WEISMAN : No I don't mind.So the relief here is for an as built deck that measures 45.4 feet by 22 feet when complete with a rear yard setback of 40.2 feet where the code requires improvements to have a rear yard setback of 50 feet and adding a covered unconditioned screen porch over part of that deck and they're all legally existing. There is no further encroachment into the non-conforming rear yard by this proposed application (inaudible) already exists. It's been there for several years. The property behind it is (inaudible) essentially Goose Creek Lane is a private right of way and subject parcel has land owned by Suffolk County that is facing for open space. There's a third right of way which is a paper road, it's extremely private. It has no impact on anybody, it can't even be seen by any adjacent neighbors. It is a twenty percent relief from the code so it's a substantial variance but again there is a 30 foot mutually beneficial buffer between the subject property and residences to the west and so it appears to be a conforming rear yard. So based on all of those the proposal here that the Board has developed is to grant the variance as applied for and there are some conditions.The primary one is that the screened porch shall remain unconditioned and without the benefit of storm or other windows or any other kind of enclosure to remain unconditioned. So Nick do you want to make the motion? MEMBER DANTES : The only question, should we write like a sentence saying that we're not making a determination about the septic tank being under the deck just cause I don't know that was an odd MEMBER PLANAMENTO : I'm'happy that you brought that up. I was just thinking that, so there should be something in there God forbid they ever sue us or something or they acknowledge that they were aware that the deck is over the septic clean out. MEMBER LEHNERT : Yeah he spoke about it at the hearing. MEMBER DANTES : I'm not really worried about that, I just want to make a motion that we're not making an approval for or a judgement on it, it's just not in our purview. MEMBER ACAMPORA : No that's good it should be in there. CHAIRPERSON WEISMAN : I think that's probably not a condition of approval it should go in additional information. MEMBER DANTES :Yeah. 10 ZBA Special Meeting November 19,_2020 MEMBER LEHNERT :Just say that-we spoke to them and tliey knew it was there. MEMBER DANTES : Location of septic tank is not in the Zoning Board's jurisdiction or something like that. CHAIRPERSON WEISMAN : I'm writing out give me one second I'm going to write up something and read it to you to see if you agree that it's okay. MEMBER DANTES:Cause they might go to the Building Department and the Building Department says oh you can't have the septic tank there and they say oh the Zoning Board says it's okay. That's kind of what I'm trying to avoid. CHAIRPERSON WEISMAN : Well it's already underneath the deck. MEMBER DANTES :Yeah but if you ever have to replace the septic tank now you have to take off your covered porch off to get there. CHAIRPERSON WEISMAN :That's on them. MEMBER LEHNERT : That's their problem. MEMBER DANTES : I know that's why I want to put that in there. MEMBER LEHNERT :They're willing to do it. CHAIRPERSON WEISMAN : Well let's see if this is adequate. I just said, at the hearing the applicant's agent informed the Board that the existing sanitary system is located under the as built deck. Do you want to add anything to that or is that adequate? MEMBER DANTES :Just the Zoning Board of Appeals does not make a judgement on the location of the septic tank or determination or whatever something like that. CHAIRPERSON WEISMAN : Well we don't have jurisdiction over the location of it. MEMBER DANTES : Yeah that's what I want it to point out. CHAIRPERSON WEISMAN : I'm just going to add over which, so I'm going to read it, at the hearing the applicant's agent informed the Board that the existing sanitary system was located under the as built deck over which the Board of Appels has no jurisdiction. MEMBER LEHNERT : Sounds good. CHAIRPERSON WEISMAN : Okay so now we have a motion to grant MEMBER PLANAMENTO,: As applied for with conditions. 11 ZBA Special Meeting November 19, 2020 CHAIRPERSON WEISMAN : with conditions and with that proposed additional information. MEMBER DANTES : I'll second. CHAIRPERSON WEISMAN : Seconded by Member Dantes. Kim call the roll please. BOARD ASSISTANT : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD ASSISTANT : Member Dantes votes aye. Member Lehnert how 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 me ask you something Kim did you get that additional sentence that I read out? BOARD ASSISTANT : I didn't get it all but it's recorded so I can always listen to the recording. CHAIRPERSON WEISMAN : Well I'm going to come in tomorrow so if you want I can send that to you before so you can put it in the decision for my signature. BOARD ASSISTANT : Excellent. CHAIRPERSON WEISMAN : I'want to make sure that it's in there. So the next one is for loannis John Zoumas#7438. Pat you want to walk us through this one? MEMBER ACAMPORA : Absolutely. The applicant requests a variance to construct a single family dwelling with a front yard setback of 29.8 feet where the minimum is 40 feet. This property has come before us before in June of 2020 appeal #7365. The property was the subject of a waiver of merger application that resulted in our Board overturning the Building Department's Notice of Disapproval because it was determined that in the year 2000 a building permit was issued to the 12 _ . ZBA Special Meeting November 19, 2020 _ current owner of the lot to construct a single family dwelling. Unfortunately that was never acted upon and included in that application the applicant at that time presented a survey that depicted a single family dwelling which was conforming on that particular lot. So at the public hearing we had asked the applicant about moving or coming up with other plans because since there were plans that were conforming and this plan was not conforming. We were shown that there were other approvals we gave but those approvals were based on pre-existing non-conforming dwellings. So this variance does represent a substantial request of more than 25%and alternative code conforming plans we determined could be easily proposed without difficulty to this property so I make a motion that we deny this variance request as applied for. CHAIRPERSON WEISMAN : Alright, is there any discussion from the Board? Okay hearing none I'll ask for a second to this. MEMBER PLANAMENTO : Second. CHAIRPERSON WEISMAN : Kim call the roll please. BOARD ASSISTANT : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. --BOARD ASSISTANT : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD ASSISTANT : Member Dantes votes aye. Member Lehnert how 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. MEMBER LEHNERT : I have to recuse myself from the next one cause it's me. 13 I ZBA Special Meeting November 19, 2020 CHAIRPERSON WEISMAN : Okay so why don't *ou-just take yourself off Rob and we'll let you know when you can come back in.The next application if for Robert and Wendy Lehnert#7432. Eric to you want to walk us through this one? MEMBER DANTES : Sure. This is a pretty benign application, it's a pre-existing non-conforming property a very small lot and the applicant is just looking to make a expand the master bedroom and looking at the lot and the configuration of the house it's really the only location that he can and a first floor bedroom and it's a modest sized house on a small lot and it's a fairly benign variance request. I make a motion to approve as applied for. CHAIRPERSON WEISMAN : Is there any discussion on this from anyone? MEMBER ACAMPORA : Nope. CHAIRPERSON WEISMAN : Let's just enter into the record that the variance is for essentially a side yard setback of 7.1 feet where the code requires 10 and a combined side yard setback of 13.4 where the code requires 25 feet. Again they're small they're deep but they're very narrow lots so it's very, very common to have these kinds of non-conforming side yards in that are in New Suffolk.Alright hearing no further questions or comments or discussion I'm going to ask let's see did you make this motion? MEMBER DANTES : Yep. CHAIRPERSON WEISMAN : So I'll second it. Kim call the roll the please. BOARD ASSISTANT : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD ASSISTANT : Member Dantes 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 get Rob back in here. 14 --__ - ZBA Special Meeting November 19, 2020 _ 'M'EIV BER LEHNERT : I'm back. CHAIRPERSON WEISMAN : The next application is # 7434 Jane G. Weiland on Nassau Point Rd. Let's see big long stuff from Soil and Water and LWRP on here.You all got the most updated one, there's an amended site plan as of this was last revised October 14. It just shows a minor change to the proposed IA sanitary system so you have that draft right? BOARD ASSISTANT : Yeah they should all have it. MEMBER LEHNERT : Like an engineering change to it. MEMBER DANTES : Yeah. The only thing I see in this one is I think we had to add the condition about the applicant signing that it's not a demo. BOARD ASSISTANT :You want to add that? MEMBER LEHNERT :Yeah that would,be good here. CHAIRPERSON WEISMAN : It is a very substantial renovation but let's look at what the relief they're actually asking for on here. Pat do you want to indicate what relief they're looking for? MEMBER ACAMPORA:They're asking for let's go through it let's see,the relief requested they're asking-'for the ability to construct a 6 foot high fence in the front yard. The-location of the proposed dwelling addition is located 36 feet from the top of the bluff where the town code does not allow improvement,to be made at less than 100 feet from the top of the bluff and the proposed side yard setback is 10.7 feet where the code requires a minimum of 15 feet yard setback. The 6 foot high fence is not permitted in the front yard where the code permits front yard fences do not exceed 4 feet height. CHAIRPERSON WEISMAN : So it's three variances. MEMBER ACAMPORA : Three variances. The property is a large piece of property. They are basically staying within the footprint of the home so that actually in the 36 feet from the top of the bluff. The house that's still there is within 37 feet of the bluff. The side yard setback will remain actually somewhat smaller amount, it's a 15 foot from that northerly side of the home. So the setback would be 9.5 feet and CHAIRPERSON WEISMAN : Which is actually a greater setback than the MEMBER ACAMPORA : It's a greater setback than what is already there. CHAIRPERSON WEISMAN : (inaudible) second story dormer so that's even greater than what the existing house is. I think the crazy thing about this is, it's one of those things we've been working 15 ZBA Special Meeting November 19,_2020 over the years to try to get the code to be changed by the Town Board. This is the front yard that they're proposing to put this 6 foot high fence in is a foot path. It's a grassy foot path that leads from the Main Rd. which is a front yard down to the water and the association members can use it to get to the beach. MEMBER ACAMPORA : Which the association has actually done this on many pieces of property that are in that community. This is not you know an out of line request. CHAIRPERSON WEISMAN : It is essentially what we would call their functional or architectural side yard. So the impact there is nothing really. MEMBER ACAMPORA : No, so in order asking for the fence is just a privacy issue that you know they'd like to have. CHAIRPERSON WEISMAN : Of course it's great to know they're putting in an IA system. MEMBER ACAMPORA : Yes. CHAIRPERSON WEISMAN : We will add the language that we use standard when there's major, major construction if a demo is determined to have taken place the procedures to follow will be described in that condition, the applicant shall be aware of that. MEMBER ACAMPORA : So I move to grant the variance as applied for. CHAIRPERSON WEISMAN : Variances. MEMBER ACAMPORA : Right three of them. CHAIRPERSON WEISMAN : I'll second it. Kim call the roll please. BOARD ASSISTANT : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD ASSISTANT : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. BOARD ASSISTANT : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. 16 ZBA Special Meeting November 19, 2020 _ BOARD'ASSISTANT : Member Planamento votes aye. Chairperson Weisman how-66V66-vote? CHAIRPERSON WEISMAN : Aye. BOARD ASSISTANT : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : The motion carries unanimously. Kim you got that addition for a second condition to be added the standard about demolition? BOARD ASSISTANT : Yes.' CHAIRPERSON WEISMAN : The next application is for Alison Byers application # 7436. This is located on Nassau Point Rd. It's basically a demolition of an existing single family dwelling and an new one story single family dwelling with a front yard setback of 35.7 feet and a 50 foot setback to the top of the bluff where the code needs front yard setbacks to be 50 feet and top of the bluff setback 100 feet. Eric would you add some information if you'd like to about this draft. MEMBER DANTES : This is a proposed demolition and reconstruction of a brand new house and the property doesn't have a code conforming location. So it looks like the applicant tried to located the house in the most conforming position possible and yeah the front yard is like a right of way it's not a main thoroughfare and the new house is going to be further setback further from the bluff than the old house so I make a motion to grant as applied for with the condition about installing an IA sanitary system. CHAIRPERSON WEISMAN : It's also important to note that this is called Smith Rd. but it's a really gravel road that's almost like a private right of way,there's very few houses up there.The impacts on that front yard setback are going to be absolutely (inaudible) any other property and will not be seen at all from Nassau Point Rd. So we have a motion to grant the variance as applied for with the condition for an IA system, is there a second? MEMBER ACAMPORA : I'll second it. CHAIRPERSON WEISMAN : Member Acampora seconds the motion, Kim call the roll please. BOARD ASSISTANT : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD ASSISTANT : Member Dantes votes aye. Member Lehnert how do you vote? 17 ZBA Special Meeting November 19, 2020 s, 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. The next one is Esteves Holding Corp./Jerry Cibulski#7437. MEMBER LEHNERT : This is a corner property where they had a permit for a new house. They amended the plans and somehow it didn't get to'the contractor and they poured a foundation that requires a variance. The house as it currently is planned could easily fit within the existing building envelope. So this is a denial. MEMBER PLANAMENTO : The only think I wanted to add about this and I'm in agreement with the proposed draft but I'm super confused,-the applicant stated and then I actually went back to read the town code relative to corner lots and we've been discussing perhaps a revision to that code but they said that the front yard or the front of the house is the garage fagade and I'm super and that's on Hortons Lane. I'm just super confused and I don't know if anyone can share any insight in how one defines the front versus the back but it's so strange because I would think the front of the house is where the front door is which faces in this case Jennings Rd. MEMBER LEHNERT :The way the code reads you actually get to pick it, you get to choose. CHAIRPERSON WEISMAN : You will have an address possible address on either one of those frontages and you get to choose which frontage and it's not necessarily required to be based upon where your front door is. MEMBER PLANAMENTO : That's the strange part. I would think that if you call your house the front of your house that's where the door should be but apparently it's not. CHAIRPERSON WEISMAN : I understand and this is why it's a rather poorly written code and also it's very punitive to property owners who have corner lots and MEMBER LEHNERT : But in this case it doesn't really matter because if you take the proposed house and just move it over on the survey it fits within the building envelope. 18 -ZBA Special Meeting November 19, 2020 _ CHAIRPERSON WEISMAN : Well and the thing that was really disturbing was that the appticaiif I mean this is where procedure matters, the applicant got a building permit and they had a conforming building envelope, they were building a conforming house that required no variances. Then they decided I guess the future owners the property owners decided to change those plans and instead of going back to the Building Department this is what MEMBER LEHNERT :They poured it. CHAIRPERSON WEISMAN : the testimony was, they just built it and then their Stop Work Order was issued when they went to look at the foundation saying you need a variance you're not in a conforming location anymore. This was a totally self-created hardship and should never have happened. There's no way they can't conform on this lot it's that simple. So we have a draft here for a denial and Rob just made a motion to deny, is there a second from someone? MEMBER ACAMPORA : Second. i CHAIRPERSON WEISMAN : Member Acampora seconds it. Kim call the roll please. BOARD ASSISTANT : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES :Aye. BOARD ASSISTANT : Member Dantes votes aye. Member Lehnert how 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 application is for Elizabeth McGrath # 7439. This is a request for variance to legalize an accessory barn already under construction in a front yard location where accessories are supposed to be in the rear yard. It's basically going to be a coop, a shelter, stable depicted on the survey. Some of these other 19 ZBA Special Meeting November 19, 2020 --structures that are there now will be removed. Eric would you -provide some additional information about this for us. MEMBER DANTES : This is I guess it's an AG property and the house is located probably three quarters of the way to the rear of the property so it has a gigantic front yard and a non-existent rear yard. The property is a flagged lot which is not visible from any street and so it's kind of the most practical location for them to build the barn for their horses and animals keeps them away from the front yard and away from the swimming pool. Doesn't seem to be any impact on the character of the neighborhood which is primarily agricultural and this is an agricultural use. So this is to grant with the condition that they take away the unpermitted accessory structures as proposed in their plan. CHAIRPERSON WEISMAN : Is there any discussion on here? I'm seeing nobody nodding yes. Alright hearing no further questions or comments we have a motion, is there a second on the motion? MEMBER LEHNERT : I'll second it. CHAIRPERSON WEISMAN : Seconded by Member Lehnert. Kim call the roll please. BOARD ASSISTANT : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD ASSISTANT : Member Dantes votes aye. Member Lehnert how 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. The next application is for file # 7421 Cameron Dowe and Meg Strecker. This is a variance to legalize an as built deck addition with a combined side yard setback of 26.9 feet where the code requires 35 feet. The existing house and two story 20 ZBA Special Meeting November 19, 2020 _ framed garage currentTVhave a combined side yard setback of 26.4 feet. So the setback here is y actually greater than what the existing one is for the combined side yard setback. Is there any additional information the Board want to talk about on this one? This is on Cedar Drive West in Southold. Is there anything from anybody on this one? It's an as built deck"addition rear yard, it can't be seen from the street it's a very private neighborhood anyway. Well if there's no other comments, questions alright Eric do you want to make a motion? MEMBER DANTES : Yeah 1 make a motion to approve the variance as applied for. CHAIRPERSON WEISMAN : I'll second it. Kim call the roll please. BOARD ASSISTANT : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD ASSISTANT : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye: BOARD ASSISTANT : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAM,ENTO': 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.We have Susan Wachter and Paul Wachter#7429 on here because we closed this subject to receipt of a new survey from Bruce Anderson via Bruce Anderson the agent which would then be showing us conforming side yard setbacks. We got an email from Bruce requesting that we adjourn the matter because he hasn't been able to get the survey yet so we will not be deliberating on this tonight. I'm going to make a motion to adjourn this matter to the December 3rd Regular Meeting where we will deliberate if we in fact have received the required amended survey. Is there a second to that motion? MEMBER ACAMPORA : Second. CHAIRPERSON WEISMAN : Seconded by Member Acampora. Kim call the roll please. 21 ZBA Special Meeting November 19, 2020 BOARD-ASSISTANT : Member Acampora how do you vote? --� MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD ASSISTANT : Member Dantes votes aye. Member Lehnert how 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. We have a some resolutions, motion to authorize advertising of hearings for the Regular Meeting to be held on Thursday-, December 3, 2020 which Regular Meeting will commence at 9 a.m. so moved is there a second? MEMBER LEHNERT : Second. CHAIRPERSON WEISMAN : Seconded by Member Lehnert. All in favor raise your hands please instead of calling the roll we'll just okay I see all five hands are raised. The motion carries we're going to have a meeting on December 3rd it looks like. Resolution (inaudible) Regular Meeting so moved is there a second? MEMBER ACAMPORA : Second. CHAIRPERSON WEISMAN : Seconded by Member Acampora, all in favor raise your hand please. Motion carries unanimously by hand vote. Is there any other matter the Board wants to discuss before we adjourn? Okay hearing none I'm going to make a motion to close the meeting, is there a second? MEMBER DANTES : Second. CHAIRPERSON WEISMAN : Seconded by Member Dantes. Kim call the roll please. BOARD ASSISTANT : Member Acampora how do you vote? 22 i ZBA Special Meeting November 19, 2020 MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD ASSISTANT : Member Dantes votes aye. Member Lehnert how 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 meeting is now closed. 23 ZBA Special Meeting November 19, 2020 CERTIFICATION I Elizabeth Sakarellos, certify that the foregoing transcript of tape recorded Public Hearings was prepared using required electronic transcription equipment and is a true and accurate record of the Special Meeting held on November 19, 2020. Signature : Elizabeth Sakarellos DATE : November 24, 2020 24