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Home My WebLink AboutZBA-01/07/2021 BOARD MEMBERS OF $®(/ Southold Town Hall Leslie Kanes Weisman,Chairperson ®�� riy®� 53095 Main Road•P.O.Box 1179 p Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes v, Town Annex/First Floor, Robert Lehnert,Jr. • aQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento �lircOU Southold,NY 11971 http://southoldtowimy.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631) 765-9064 MINUTES REGULAR MEETING ORGANIZATIONAL MEETING THURSDAY, JANUARY 7, 2021 Due io public health and safety concerns related to COVID-19, and in accordance with the Governor's Executive Order 202.1, the January 7, 2021 Zoning Board of Appeals meeting was held via ZOOM WEBINAR beginning at 8:30 AM. Present were: Leslie Kanes Weisman, Chairperson Donna Westermann, P/T Office Assistant Nicholas Planamento William Duffy, Town Attorney Patricia Acampora Heather Lanza; Planning Director Eric Dantes Mark Terry, Asst. Planning Director Robert Lehnert Carrie O'Farrell,NP&V Kim Fuentes, ZBA Secretary Elizabeth Sakarellos,'Office Assistant 8:30 A.M. Chairperson Weisman called the meeting to order so that the members-may enter into Executive Session. Vote of the Board: Ayes: Members Weisman (Chairperson) Planamento, Dantes, Acampora and Lehnert. This Resolution was.duly adopted (5-0). EXECUTIVE SESSION: 8:30 A.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes to enter into Executive Session in order to receive Attorney Advice. Vote of the Board: A Members Weisman(Chairperson), Planamento Dantes Acampora and Lehnert. This Resolution was duly adopted (5-0). 9:03 A.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes to exit Executive Session. Vote of the Board Ayes: Members Weisman (Chairperson), Planamento, Dantes Acampora and Lelmert. This Resolution was duly adopted (5-0). Page 2—MINUTES Regular Meeting held January 7, 2021 &Organizational Meeting Southold Town Zoning Board of Appeals WORK SESSION: Began at 9:03 A.M. A. Requests from the Board Members for future agenda items. B. Representatives of the Enclaves Hotel & Restaurant were permitted to speak to the Board relating to the completion and acceptance of the Final Environmental Impact Statement (FEIS), pursuant to State Environmental Quality Review (SEQR). Those present were: David Altman, Kim Gennero, Bryan Grogan, Bonnie Schnitta, Sean Harken, Andrew Giambertone. A transcript of the work session will be prepared and be available on t11e Town's Weblink/Laserfiche. ORGANIZATIONAL MEETING: Began at 9:46 A.M. Motion was offered by Chairperson Weisman, seconded by Member Lehnert to adopt the 2021 ZBA Procedural Guidelines, Code of Conduct& Guidelines to Open Meetings Law and Ethical Issues, as written. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). The Board reviewed and approved the templates for writing draft decision and reviewed the meeting dates for 2021. The Chairperson appointed Nicholas Planamento for the Vice Chair position of the Board. 10:02 A.M. - 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 EVIEWS;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): Gregory and Eugene Hull, Sally Hull#7448 A.W. Frame,LLC#7449 Elizabeth W.Furse#7450 Adam D'Accordio#7451 Louis A.Nardolillo and Erin A.Nardolillo#7457 Page 3—MINUTES Regular Meeting held January 7, 2021 &Organizational Meeting Southold Town Zoning Board of Appeals Bill and Joan King/Old Salt Road,Llc#7453 Thomas Ryckman and Pamela Wilson 97454 D. Cannizzaro QPRT/John Miltakis #7455 Ira and Susan Akselrad #7456 Vote of the Board: All. This resolution was duly adopted (5-0). X X X POSSIBLE RESOLUTION TO CLOSE THE FOLLOWING HEARINGS: MINI CEDARS, LLC #7428 — (Adjourned from December 3, 2020) 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 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: Motion was offered by Chairperson Weisman, seconded by Member Acampora to ADJOURN the public hearing without a date. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0) PUBLIC HEARINGS: 10:09 A.M. - GREGORY AND EUGENE HULL #7448 — By Sally Hull, Representative. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's October 13, 2020, Amended October 21, 2020 Notice of Disapproval based on an application for a permit to legalize "as built" alterations to an existing single family dwelling to include an attached front porch not included in the original permit; at 1) located less than the code required minimum front yard setback of 35 feet; located at: 555 Bridge Street, Greenport, NY. SCTM No. 1000-34-3-52. 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) 10:18 A.M. - A.W. FRAME, LLC #7449 — By Daniel Schillberg and Dominique Haggerty, Architects. Request for a Variance from Article III, Section 280-15 and the Building Inspector's October 13, 2020 Notice of Disapproval based on an application for a permit to construct an accessory tennis court; at 1) located in other than the code permitted rear yard; located at: 640 Skippers Lane, Orient, NY. SCTM No. 1000-24-1-10. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Dantes to CLOSE and Reserve Decision Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0) Page 4—MINUTES Regular Meeting held January 7, 2021 &Organizational Meeting Southold Town Zoning Board of Appeals 10:26 A.M. - ELIZABETH W. FURSE #7450 - By Sam Fitzgerald, Design Professional. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's September 28, 2020 Notice of Disapproval based on an application for a permit to construct additions and alterations to existing single family dwelling; at 1) located less than the code required minimum front yard setback of 50 feet; located at: 776 Bell Hill Avenue (Adj. to Hay Harbor), Fisher's Island, NY. SCTM No. 1000-9-3-2.2. 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). 10:41 A.M. - ADAM D'ACCORDIO #7451 — By Martin Finnegan, Attorney, Jason Peters, Representative. Michael Cannistrasi, Opposed. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's October 6, 2020 Notice of Disapproval based on an application for a permit to construct an accessory swimming pool; at 1) more than the code permitted maximum lot coverage of 20%; located at: 1450 Longview Lane, Southold, NY. SCTM No. 1000-88-4-43. 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, subiect to receipt of amended survey. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:03 A.M. - LOUIS A. NARDOLILLO AND ERIN A. NARDOLILLO #7457 — By Martin Finnegan, Attorney, Louis Nardolillo, Owner. Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector's October 19, 2020, Amended November 12, 2020 Notice of Disapproval based on an application for a permit to construct additions and alterations to existing accessory garage; at 1) located less than the code required minimum rear yard setback of 15 feet; 2) more than the code permitted maximum lot coverage of 20%; located at: 3850 Camp Mineola Road, Mattituck, NY. SCTM No. 1000-123- 5-18. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lelmert to CLOSE hearing portion but remain OPEN for written comment. Vote of the Board: Ayes: All. This Resolution was duladopted (5-0). 11:31 A.M. - BILL AND JOAN KING/OLD SALT ROAD, LLC #7453 — By Winston Ely, Representative; Joan King, Owner. Request for a Variance from Article XXIII, Section 280- 124 and the Building Inspector's October 13, 2020 Notice of Disapproval based on an application for a permit to legalize an "as built" raised patio; at 1) more than the code permitted maximum lot coverage of 20%; located at: 770 Old Salt Road (Adj. to Great Peconic Bay), Mattituck, NY. SCTM No. 1000-144-5-14. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to CLOSE and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0). 11:45 A.M. Motion was offered by Chairperson Weisman, seconded by Member Lehnert to break for lunch. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 5—MINUTES Regular Meeting held January 7, 2021 &Organizational Meeting Southold Town Zoning Board of Appeals 1:01 P.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento to reconvene the public hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:01 P.M. - THOMAS RYCKMAN AND PAMELA WILSON #7454 — By Hideaki Ariizumi, Architect; Thomas Ryckman, Owner. Request for a Use Variance from Article III, Section 280- 13(C) and the Building Inspector's October 27, 2020 Notice of Disapproval based on an application for a permit to alter an existing accessory garage to an artist studio; at 1) proposed improvement does not constitute a permitted accessory use; located at: 1405 Village Lane, Orient, NY. SCTM No. 1000-25-3-1. 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). 1:27 P.M. - D. CANNIZZARO QPRT/JOHN MILTAKIS #7455 — By Jennifer Wicks, Representative, Chris Aldino, and Dave Cannizzaro, owner. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's November 5, 2020 Notice of Disapproval based on an application for a permit to legalize an "as built" deck addition and 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; located at: 1460 Strohson Road (Adj. to Baldwin's Creek), Cutchogue, NY. SCTM No. 1000-103-10-29.1. 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). 1:38 P.M. - IRA AND SUSAN AKSELRAD #7456 — By Bruce Anderson, Representative; Melissa Cicetti, Architect. Request for a Variance from Article XXII, Section 280-116A(1) and the Building Inspector's September 24, 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 100 feet from the top of the bluff; located at: 4125 Nassau Point Road (Adj. to Little Peconic Bay), Cutchogue, NY. SCTM No. 1000-111-9-6.4. 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 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, February 4, 2021, at 9:00 AM. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 6—MINUTES Regular Meeting held January 7, 2021 &Organizational Meeting Southold Town Zoning Board of Appeals RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Planamento to approve Minutes from Special Meeting held December 22, 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 1:55 P.M. Respectfully ubm'tted, Kim E. Fuentes f /z2/2021 Board Assistant Included by Reference: Filed ZBA Decisions (0) C Aeslies Weisman, Chairperson / /yW2021 Approved for Filing Resolution Adopted RECEIVED J"L f0a-kk AN 2 5 2021 &'+a4 L1. Ma So hold Town Clerk