HomeMy WebLinkAboutZBA-12/03/2020 BOARD MEMBERS ®f S Southold Town Hall
Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179
�® �® Southold,NY 11971-0959
Patricia Acampora Office Location:
Eric Dantes C A%= Town Annex/First Floor,
Robert Lehnert,Jr. �� 54375 Main Road(at Youngs Avenue)
Nicholas Planamento ®U� Southold,NY 11971
http://southoldtowimy.gov
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel.(631)765-1809•Fax(631)765-9064
MINUTES
REGULAR MEETING
THURSDAY, DECEMBER 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 December 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
9:22 A.M. Chairperson Weisman called the meeting to order so that the members may enter into
Executive Session.
EXECUTIVE SESSION:
9:22 A.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora to
enter into Executive Session in order to receive Attorney Advice. Vote of the Board: Ayes:
Members Weisman (Chairperson) Planamento Dantes, Acampora and Lehnert. This
Resolution was duly adopted (5-0).
9:59 A.M. Motion was 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 adopted
Page 2—MINUTES
Regular Meeting held December 3,2020
Southold Town Zoning Board of Appeals
10:12 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)
WORK SESSION:
A. Requests from the Board Members for future agenda items.
B. The Board discussed Public Hearing Notices, Letter of Instructions regarding Sign
Postings
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(SEAR) 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):
Robert and Kim Cagnazzi#7440
1750 Sterling Lane, LLC #7441
Claudia Cebada-Mora LLC #7442
Kristopher Pilles 47443
Carrie Tintle#7444
Richard and Tara Jernick 47445
AGK RE Management#7446
Robert Kevin Mclean#7447
Vote of the Board: All. This resolution was duly adopted (5-0).
POSSIBLE RESOLUTION TO CLOSE THE FOLLOWING HEARINGS:
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. RESOLUTION: 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)
Page 3—MINUTES
Regular Meeting held December 3,2020
Southold Town Zoning Board of Appeals
DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS:
RELIEF DENIED:
MICHAEL KREGER#7420
Vote of the Board: All. This resolution was dulyadopted (5-0).
DECISION TABLED
SUSAN COHEN WACHTER AND PAUL E. WACHTER#7429
Vote of the Board: All. This resolution was duly adopted (5-0).
PUBLIC HEARINGS:
10:21 A.M. - ESTATE OF THOMAS EIRING BY STEPHEN GUTLEBER, EXECUTOR
#7427 — (Adjourned from October 1, 2020) 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 Planamento to CLOSE and Reserve Decision. Vote of the Board: Ayes:
All. This Resolution was duly adopted (5-0)
10:32 A.M. - ROBERT AND KIM CAGNAZZI #7440—By Patricia Moore, Attorney, and Tim
Ganetis and Stuart Disston, Architects. Request for a Variance from Article XII, Section 280-
18 and the Building Inspector's August 11, 2020 Notice of Disapproval based on an application
for a permit to convert an attic to a third floor habitable area (home office and gym); at 1) more
than the code permitted maximum two and one-half (2-1/2) stories; located at: 12700 New
Suffolk Avenue, (Adj. to Peconic Bay) Cutchogue, NY. SCTM No. 1000-116-6-14.
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 ADJOURN to the Special Meeting of December 17, 2020. Vote of the Board:
Ayes: All. This Resolution was duly adopted (5-0)
11:06 A.M. - MINI CEDARS, LLC #7428 — (Adjourned from October 1, 2020) By Michael
Kimack, Representative and Guilluame Bich, Owner. Opposition by Anthony Pasca, Attorney,
Wendy Lomas, Beverly Greene, Charlotte Greene. Request for Variances from Article IV,
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
Page 4—MINUTES
Regular Meeting held December 3,2020
Southold Town Zoning Board of Appeals
width of 150 feet; 3) proposed dwelling located less 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 Planamento to ADJOURN to the
Regular Meeting of January 7 2021. No testimony will be taken or solicited Comments will be
accepted in written form. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0)
11:53 A.M. - 1750 STERLING LANE, LLC #7441 — By Michael Kimack, Representative, and
George Starkie, Owner. Opposition from Jim Glover. Request for a Variance from Article III,
Section 280-14 and the Building Inspector's September 24, 2020 Notice of Disapproval based
on an application for a permit to demolish an existing barn and construct a new barn building; at
1) located less than the code required minimum front yard setback of 60 feet; located at: 830
Sterling Lane, Cutchogue, NY. SCTM No. 1000-96-3-2.1. 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)
12:28 P.M. - CLAUDIA CEBADA-MORA LLQ #7442 — By Thomas Greene, Representative.
Request for Variances from Article XXIII, Section 280-124,and the Building Inspector's June 9,
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; 2) located less than the code required minimum single
side,yard setback of 15 feet; located at: 70 Pine Avenue, Southold, NY. SCTM No. 1000-77-3-
12.1. 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)
12:31 P.M. - KRISTOPHER PILLES #7443 — By Anthony Portillo, Representative and
Kristopher Pilles, Owner. Opposition by Kate Chanin and Vince Yevoli. Request for
Variances from Article XXIII, Section 280-124 and the Building Inspector's August 24, 2020
Amended September 15, 2020 Notice of Disapproval based on an application for a permit to
elevate and relocate an existing single family dwelling; at 1) located less than the code required
minimum rear yard setback of 50 feet; 2) more than the code permitted maximum lot coverage
of 20%; located at: 560 Fisherman's Beach Road, (Adj. to Haywaters Cove) Cutchogue, NY.
SCTM No. 1000-111-1-16. 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)
12:47 P.M. - CARRIE TINTLE #7444 — By William Goggins, Attorney. Request for a
Variance from Article XXIII, Section 280-124 and the Building Inspector's August 17, 2020
Notice of Disapproval based on an application for a permit to legalize "as built" additions and
alterations to an existing single family dwelling; at 1) less than the code required minimum rear
yard setback of 35 feet; located at: 1235 Luptons Point Road, (Adj. to Deep Hole Creek)
Page 5—MINUTES
Regular Meeting held December 3,2020
Southold Town Zoning Board of Appeals
Mattituck, NY. SCTM No. 1000-115-11-8. 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)
1:00 P.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento to
take a short lunch break. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-
1:24 P.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes to
reconvene the public hearing. Vote of the Board: Ayes: All. This Resolution was duly
adopted (5-0).
1:25 P.M. - AGK RE MANAGEMENT #7446 — By Helen Leperides, Representative.
Opposition by Kerri Reda. Request for a Variance from Article III, Section 280-15 and the
Building Inspector's October 19, 2020 Notice of Disapproval based on an application for a
permit to construct an accessory in-ground swimming pool; at 1) located in other than the code
permitted rear yard; located at: 3655 Pequash Avenue, Cutchogue, NY. SCTM No. 1000-137-2-
20. 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)
1:43 P.M. - ROBERT KEVIN MCLEAN #7447 — By Robert Kevin McLean, Owner. Request
for Variances from Article XXIII, Section 280-124 and the Building Inspector's September 14,
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 rear yard setback of 35 feet; 2) more than the code permitted maximum lot coverage
of 20%; located at: 1475 Sigsbee Road, Mattituck, NY. SCTM No. 1000-144-2-9.
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)
1:57 P.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora to
take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
1:59 P.M. Motion was offered by Chairperson Weisman, seconded by Member Lehnert to
reconvene the public hearing. Vote of the Board: Ayes: All. This Resolution was duly
adopted (5-0).
Page 6—MINUTES
Regular Meeting held December 3,2020
Southold Town Zoning Board of Appeals
1:59 P.M. - RICHARD AND TARA JERNICK #7445 — By Tara Jernick, Owner. Request for
Variances from Article XXIII, Section 280-124 and the Building Inspector's Renewed and
Amended August 10, 2020 Notice of Disapproval based on an application for a permit to
legalize an "as built" covered entry and to construct additions and alterations to an existing
single family dwelling; at 1) less than the code required minimum front yard setback (Delmar
Drive) of 40 feet; 2) less than the code required minimum front yard setback (Joseph Street) of
40 feet; located at: 2020 Delmar Drive, Laurel, NY. SCTM No. 1000-127-4-21.
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)
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, January 7, 2021, at 9:00 AM. Vote of the Board: Ayes: All. This Resolution was
duly adopted (5-0).
RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by
Member Lehnert to approve Minutes from Special Meeting held November 19, 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 2:13 P.M.
Respectfully su mi ed,
Kun E. Fuentes / /c�5/2020
Board Assistant
Included by Reference: Filed ZBA Decisions (1)
RECEIVED
020
she ans Weisman, Chairperson l� � /2020 QE 4- Ad,
2 9 s
Approved for Filing Resolution Adopted
S® old Town Clerk