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Home My WebLink AboutZBA-11/05/2020 i BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ®��®� s® 53095 Main Road•P.O.Box 1179 ® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes C102Town Annex/First Floor, Robert Lehnert,Jr. ® �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ZIP/,- U e� 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, NOVEMBER 5, 2020 Due to public health and safety concerns related to COVID-19, and in accordance with the Governor's Executive Order 202.1, the November 5, 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 John Burke, Assistant Town Attorney Kim Fuentes, ZBA Secretary Elizabeth Sakarellos, Office Assistant Donna Westermann, P/T Office Assistant 9:03 A.M. Chairperson Weisman called the meeting to order so that the members may enter into Executive Session. EXECUTIVE SESSION: 9:05 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). 9:40 A.M. Motion was 1 offered by Chairperson Weisman, seconded by Member Lehnert to exit Executive Session. Vote of the Board: Ayes: Members Weisman(Chairperson), Planamento, Dantes Acampora and Lehnert. This Resolution was duly dopted (5-0). Page 2—MINUTES Regular Meeting held November 5,2020 Southold Town Zoning Board of Appeals WORK SESSION: A. Requests from the Board Members for future agenda items. 9:45 A.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora to take a short recess. 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 reconvene. Vote of the Board: Ayes: Members Weisman (Chairperson), Planamento, Dantes, Acampora and Lehnert. This Resolution was duly adopted (5-0). 10:00 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 11 Actions (No further steps- setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests): Phillip Lim#7402 - 8100 Hortons Lane, LLC #7433 Barbara and Bob Martucci#7431 Ioannis John Zoumas #7438 Robert and Wendy Lehnert#7432 Jane G. Weiland#7434 Alison M. Byers #7436 Esteves Holding Corp., Jerry Cibulski#7437 Elizabeth McGrath#7439 AFJG, LLC, Alexander Jedynski #7435 Vote of the Board: All. This resolution was duly adopted (5-0). Page 3—MINUTES Regular Meeting held November 5,2020 Southold Town Zoning Board of Appeals POSSIBLE RESOLUTION TO CLOSE THE FOLLOWING HEARINGS: ANTHONY TARTAGLIA AND JAMES HOWELL #7396 — (Adjourned from October 15, 2020) Request for Variances from Article XXIII, Section 280-123; Article XXIII, Section 280- 124; and the Building Inspector's January 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: 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 (5-0) MICHAEL KREGER #7420 — (Reopened October 15, 2020) 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; located at: 985 Bay Shore road, (Adj. Pipes Creek) Greenport,NY. SCTM No. 1000-53-3-13.1. RESOLUTION: A motion was offered by Chairperson Weisman, seconded by Member Lehnert to Adjourn the hearing until the Special Meeting of November 19 2020. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0) PUBLIC HEARINGS: 10:15A.M. - PHILLIP LIM #7402 —By Michael Kimack, Representative. Request for Variances from Article III, Section 280-15; Article IV, Section 280-18; and the Building Inspector's February 7, 2020 Notice of Disapproval based on an application for a permit to legalize an "as built" reconstruction of an existing accessory deck and an "as built" deck addition attached to an existing single family dwelling; at 1) accessory deck is less than the code required minimum side yard setback of 15 feet; 2) deck addition is less than the code required minimum side yard setback of 15 feet; located at: 2070 Hyatt Road(Adj. to Long Island Sound), Southold, NY. SCTM No. 1000-50-1-1. 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, subject to receipt of documents Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0) 10:10 A.M. - 8100 HORTONS LANE, LLC #7433 - Request for a Variance from Article III, Section 280-13 and the Building Inspector's September 9, 2020 Notice of Disapproval based on an application for a building permit to demolish an existing single family dwelling and construct a new single family dwelling, at; 1) more than the code permitted maximum two and one-half (2-1/2) stories; located at: 8100 Hortons Lane, (Adj. to Long Island Sound), Southold, NY. SCTM No. 1000 54-4-31. I 4 ^ Page 4—MINUTES Regular Meeting held November 5,2020 Southold Town Zoning Board of Appeals f No. 3. - 10:20-A.M. - BARBARA AND BOB MARTUCCI #7431 - Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's August 4, 2020 Notice of Disapproval based on an application for a permit to legalize an "as built" addition, and construct new addition's and alterations to a single family dwelling; at 1) less than the code required minimum rear yard setback of 50 feet; located at: 360 Goose Creek Lane (Private Rd. #31), Southold, NY. SCTM No. 1000-77-3-23. 'No. 4. - 10:30 A.M. - IOANNIS JOHN ZOUMAS #7438 - Request for a Variance from Article XXIII, Section 280-124' and the Building Inspector's September 14, 2020 Notice of Disapproval basedon an application for a permit to construct a single family dwelling; at 1) less than the code required minimum front yard setback of 40 feet; located at: 75 Clearview Avenue, Southold, NY. SCTM No.1000-70-8-41. No. 5. - 10:40 A.M. - ROBERT AND WENDY LEHNERT #7432 - Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's July 10, 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 side yard setback of 10 feet; 2) located less than the code required minimum combined side yard setback of 25 feet; located at: 240 Wicks Road, New Suffolk, NY. SCTM No. 1000-110-8-19. No. 6. - 11:10 A.M. - JANE G. WEILAND #7434 - Request for Variances from Article IV, Section 280-18; Article XXII, Section 280-105A and 280-116A(1); and the Building Inspector's August 10,1 2020, Notice of Disapproval based on an application for a permit to construct addition's and alterations to an existing single family dwelling and construct a six (6) feet high fence; at 1) located less than the code required minimum side yard setback of 45 feet; 2) located less than the code required minimum 100 feet from the top of the bluff; 3) fence is more than the code permitted maximum four(4) feet in height when located in the front yard; located at: 6485 Nassau Point Road, (Adj. to Little Peconic Bay) Cutchogue, NY. SCTM No. 1000-111-13-11. No. 7. - 11:20 A.M. - ALISON M. BYERS #7436 - Request for Variances from Article IV, Section 280-18; Article XXIII, Section 280-116A(1); and the Building Inspector's June 16, 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) less than the code required minimum front yard setback of 50 feet; 2) located less than the code required 100 feet from'the top of the bluff; located at: 10075 Nassau Point Road, (Adj. to Little Peconic Bay) Cutchogue, NY. SCTM No. 1000-119-1-13.1. 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). I 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). f i i i Page 5—MINUTES Regular Meeting held November 5,2020 Southold Town Zoning Board of Appeals I , i I I No. 8 - 1:00 P.M. - ESTEVES HOLDING CORP., JERRY CIBUL-SKI #7437 - Request for a Variance from Article Ill, Section 280-15 and the Building Inspector's September 18, 2020 Notice of Disapproval based on an application for a permit to construct a single family dwelling; at 1) less than the code required minimum rear yard setback of 50 feet; located at: 6505 Horton Lane, Southold, NY. SCTM No. 1000-54-7-17. No. 9. - 1:10 P.M. - ELIZABETH MCGRATH #7439 - Request for a Variance from Article 111, Section 280-15 and the; Building Inspector's January 21, 2020, Amended September 25, 2020 Notice of Disapproval based on an application for a permit to legalize an "as built"/"under construction" accessory building; at 1) located in other than the code permitted rear yard; located at: 1077 New Suffolk Road, Cutchogue, NY. SCTM No. 1000- 109-7-7.2. No. 10. - 1:20 P.M. - CAMERON DOWE AND MEG STRECKER #7421 — (Adjourned from October 1, 2020) 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. No. 11. - 1:30 P.M. - AFJG, LLC, ALEXANDER JEDYNSKI #7435 — Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's July 17, 2020 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling; at 1) less than the code required minimum front yard setback of 35 feet,; 2) more than the code permitted maximum lot coverage of 20%; located at: 350 Windjammer Drive, (aka 90 Windjammer Drive), Southold, NY. SCTM No. 1000-71-2-20. No. 12. - 1:40 P.M. -ISUSAN COHEN WACHTER AND PAUL E. WACHTER #7429 — (Adjourned from October 1, 2020) 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. i I i 1 2:07 P.M. - MICHAEL AND VANESSA REBENTISCH #7430_ — By Anthony Portillo, Representative. Request for Variances from Article III, Section 280-1517; 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 I i Page 6—MINUTES Regular Meeting held November 5,2020 Southold Town Zoning Board of Appeals 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 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 Adjourn 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, subject to receipt of a supporting letter from neighbor . Vote of the Board: Axes: 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). I Page 7—MINUTES Regular Meeting held November 5,2020 Southold Town Zoning Board of Appeals 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. 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 3:26 P.M. Resp etfully s mitt d, Kim E. Fuentes it /otD /2020 Board Assistant Included by Reference: Filed ZBA Decisions (0) CLesa1ieKarnY/es`Weisma-n, Chairperson f� �� /2020 Approved for Filing Resolution Adopted RECEIVE® NOV 2 3 2020 e4�id a 4 Sou old Town Clerk