Loading...
HomeMy WebLinkAboutZBA-01/21/2021 Hearing ZBA Special Meeting January 21, 2021 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 January 21, 2021 5:05 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 January 21, 2021 CHAIRPERSON WEISMAN :This is the opening of the Zoning Board of Appeals deliberation portion of our meeting for Thursday,January 21, 2021.This Special Meeting is being 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 pubic has access to view and listen to this 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 order of business is the Work Session. Are there any Board members who have any future agenda items that you'd like me to add to our next meeting? No, okay we have a request from Appeal #7353 Posillico a request for an extension. That resolution is actually also at the very end with other resolutions, I'll just move that to this current place on the Agenda and the resolution is to grant a three month extension for Appeal #7353 Vincent and Margaret Posillico dated February 20, 2020 in order to obtain a Certificate of Occupancy for "as built" improvements. You all got copies of that right? MEMBER ACAMPORA :Yes. CHAIRPERSON WEISMAN : Kim sent it out,okay. Is there any discussions it's just a straightforward extension. COVID has put everybody behind with the schedule. Alright, so moved is there a second? MEMBER PLANAMENTO : Second. CHAIRPERSON WEISMAN : All in favor, you can raise your hands because this is alright let the record show that everyone voted aye on this. Let's go back to the next order. We have a possible resolution to close the following hearing, Louis A. Nardolillo and Erin A. Nardolillo #7457. I'm going to leave this open to the next meeting. We will have a draft decision probably at that time but just in case because the attorney is not here we just want to let him know that we're going to leave it open in case something did come in in writing. We closed the hearing portion but we left it open for written submissions so I'm going to suggest that we continue to adjourn it to the next meeting which would be February 4th, so moved is there a second? MEMBER PLANAMENTO : Second. CHAIRPERSON WEISMAN : Seconded by Member Planamento. 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? 2 ZBA Special Meeting January 21, 2021 MEMBER LEHNERT : Aye. BOARD ASSISTANT : Member Lehhert 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 : Motion carries unanimously. Kim did you-notify them that we were can you just notify them or do we have to put this in writing? Maybe we need to put it in writing for the Building Department on Posil,lico. BOARD ASSISTANT : I have a letter drafted already for Posillico. I'll send it to you tomorrow but I drafted something. CHAIRPERSON WEISMAN : Okay fine I'll take a look at it and approve or edit if needed and I'll sign it along with the drafts.The first decision before the Board is for Gregory and Eugene Hull#7448. Everybody have that draft? It's located in Greenport, Eric you want to'summarize what this relief is all about? MEMBER DANTES : Sure, this is a house built well over a hundred years ago. It had a covered porch and has a non-conforming front yard setback just like the rest of the block and I guess during renovations they'discovered the covered porch couldn't be saved so they had to tear it down to rebuild it in place and in kind.So basicallythe same thing that's been there fora hundred years and every house on the block has a non-conforming front yard'setback that's within a couple of feet of this one so I,make the motion to approve as applied for with the condition that the porch shall remain unenclosed.. CHAIRPERSON WEISMAN : Is there a second or is there any discussion? MEMBER PLANAMENTO : I just wanted to ask one maybe revision,Town Law III last sentence or last line. It says existing front covered porch maybe it should say original or demolished. CHAIRPERSON WEISMAN : Well I think it's clear the front porch if it's demolished we don't care. MEMBER PLANAMENTO : It's,no longer there so I was just I don't want to say semantics. CHAIRPERSON WEISMAN : I think it's alright. MEMBER LEHNERT : Yeah. 3 ZBA Special Meeting January 21, 2021 CHAIRPERSON WEISMAN : Okay, so now I'm confused did we vote on it? - MEMBER LEHNERT : Not yet. CHAIRPERSON WEISMAN : Eric made the motion to grant as applied for with that condition, was there a second? MEMBER PLANAMENTO : I'll 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 : Member1ehnert 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' : Motion carries unanimously. I see we, have an attendee, Vincent Bertault. BOARD ASSISTANT : He's scheduled for a hearing February 4t" I believe isn't he Liz? OFFICE ASSISTANT SAKARELLOS : He is on for March 4th BOARD ASSISTANT : Okay March. MEMBER LEHNERT : He's early. CHAIRPERSON WEISMAN : He has every right to be here if he just wants to listen. I just respectfully wanted to give him if he,was here for a particular decision, rather than having him wait till the end of the meeting I was just going to simply move that closer to you know'maybe 4 ZBA Special Meeting January 21, 2021 make it next unless we'can find out if he's here because he's•interested'in just listening or if he's here for a particular decision that's on the agenda tonight. Meanwhile I'll go on with A.W. Frame LLC#7449 on Skippers Lane. Rob you want to walk'us through this one it's a tennis court. MEMBER LEHNERT : This is ,an application for a tennis court. The property it's a rectangular property but the majority of the property falls,in the side yard of the house which sits on the eastern portion of it. So there's-no way the tennis court would fit in the rear yard behind the house it would have_to go on the side. It's pretty benign, it's just a tennis court. So I make a, motion to grant as applied for and the only condition, with evergreen landscaping be placed around the fence to the extent that it'covers the view of the fence. CHAIRPERSON WEISMAN : Okay any discussion on this one or suggested changes, any typos,or MEMBER ACAMPORA : Nope. CHAIRPERSON WEISMAN : Okay hearing none Rob you made the motion, 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. BOARD ASSISTANT : Member Planamento votes aye. Chairperson,Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD ASSISTANT : Chairperson Weisman votes aye._ CHAIRPERSON WEISMAN : Motion carries unanimously. The next decision is#7450 Elizabeth W. Furse. This is on Fishers Island and what are we looking at here, everybody got their draft? Pat you want.to tell us a little bit about this summarize it. 5 ZBA Special Meeting January 21, 2021 MEMBER ACAMPORA : This-is an application again with a front yard setback of existing 20 feet - where the setback through the code is 50 feet.There is a we call it the wing of the house is,going to be demolished as it is in very poor condition and it pulling away from the other part of the existing dwelling and the applicant wishes to put a smaller addition that will stand up to the weather and everything else that will last a long time rather than this dilapidated wing that's falling apart. So it will be within the same footprint which already has been granted a 20 foot setback, that addition was there for quite a while. The proposed open wood deck, there's one of the conditions that we want to remain open to the sky. I think that's basically it. CHAIRPERSON WEISMAN : Pretty much it.Actually it improves the setback from Hay Harbor also. MEMBER ACAMPORA :Yes that's true, it further CHAIRPERSON WEISMAN : cause it's angled differently, same front yard setback but slightly improved setback MEMBER ACAMPORA : The new setback will be further landward than the old one. I make a motion to grant with the condition that the proposed open wood deck shall remain open to the sky. CHAIRPERSON WEISMAN : Is there a second? MEMBER DANTES : Second. CHAIRPERSON WEISMAN : Member Dantes seconds, 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. 6 ZBA Special Meeting January 21, 2021 BOARD ASSISTANT : Chairpersori'Weisman votes aye.- CHAIRPERSON WEISMAN : Motion carries unanimously.We are now on#7451 Adam D'Accordio. We're looking at an in-ground swimming pool right, lot coverage. Nick tell us a little bit about this one. MEMBER PLANAMENTO : Absolutely, it's pretty much a benign application. It's more about lot coverage than anything. The applicant wishes to install an 18 by 36,foot swimming pool in a compliant rear yard location. However they're going to increase their lot coverage to 22.2% where the code limits such improvements to 20%. One neighbor did speak out against this particular application just about noise and potential disturbances. I have like a little bit of a personal I shouldn't say hardship but just thinking things through, while it's a benign application I would just say that I think,we're going to see a lot more of these on smaller lots where people have large houses. The applicant did state that a compliant pool could fit, it would be limited in size and then they cited the fact that there is an interior stairwell that takes up substantial space that would actually make the pool almost non-functional or could even compromise it. I think they had compelling reason to be granted lot coverage. I do think however that there should be some conditions in place; so I make a motion that we grant relief or the variance as applied for subject to that the applicant shall install and maintain evergreen vegetation and screening in the rear yard. The pool mechanicals shall be placed in a sound deadening enclosure, a dry well for pool de-watering shall be installed. All exterior lighting at the parcel shall be LED and dark sky compliant, that is clearly part of the town code but I think a few times and this might be something we might consider for other applications. Should the owner ever choose to rent the property that they shall obtain a rental permit. CHAIRPERSON WEISMAN : Okay, you know it's interesting because the fifth condition essentially is not really a part of the variance relief but I don't object to it because I think it's doing property owners a favor. I really think it's giving them assuming they're all going to read these decisions, it's giving them a reminder 'because a lot of people are renting their properties now and swimming pools are a very important part an amenity that people,look for when they rent things out here so I think a number of people are installing swimming pools potentially with that in mind. So I think it's a helpful reminder. MEMBER PLANAMENTO : To that point I would say the same thing about LED dark sky compliant lighting. I think people automatically when they have a new home or when they're doing work put on all kinds of exterior lighting and whether it gets caught by the Building Department or not I don't know but I think that especially in these types of smaller lots where you have substantial lot coverage it's truly a,disturbance to have a pool in your back yard (inaudible) neighboring property, different sounds you know I think the neighbor had right in saying,what they said whether the property was or wasn't rented. I don't want to take away somebody's right to have 7 ZBA Special Meeting January 21, 2021 a pool and I would argue that perhaps they could have placed a smaller pool in the back yard without the variance but I think granting them what they desire is a good thing provided they act as good neighbors and do the right thing. CHAIRPERSON WEISMAN : I agree actually but I have to say they already have 18.55 lot coverage. When you put in a swimming pool it takes up room. I mean it just does. So they're not 2.2%over, that is not an egregious amount to allow an amenity but I agree with you Nick. I mean we just have to be careful about these and make sure everyone is site specific as is our legal obligation. BOARD ASSISTANT: I do have a question regarding the evergreen vegetation,will the Board want to see what they propose or is it just up to the Building Department to look at their proposed evergreen vegetation and make a decision that that's appropriate? CHAIRPERSON WEISMAN : Well here's what's happened in the past, Building Inspectors have gone out to do to inspect to get the C.O. done and all'that and it was more common but I would often or Gerry Geohringer would often get called to say would you please Building Department would call and say does this meet your condition because we weren't being specific about screening. We didn't say along the entire rear or 50 feet or 20 feet and we didn't say on center•X amount of you know, so some of ou'r decisions are very specific about evergreen screening. In this instance in this particular site I don't know that I would feel I would need to spell out the evergreen screening. I think they'd Want it::themselves. MEMBER PLANAMENTO : Well they have a stockade fence,on one side, the other side-isn't developed. I think just to be gentle,'I mean in other application I might have encouraged that there be some better definition Kim but here I mean it's partially already fenced in. My bigger concern is really it's a large footprint BOARD ASSISTANT : The question is, installing. So what are you,going to require as far as what they install. Maintaining is easy because if they've already had evergreen that they have to maintain it properly but when-you install it they're going to ask what do you want to install? MEMBER PLANAMENTO : So should we define it? BOARD ASSISTANT : Something might come up that's all. MEMBER DANTES : I think we leave it alone. MEMBER PLANAMENTO : I think the applicant to choose, I mean quite honestly the property CHAIRPERSON WEISMAN :They'll just ask me to go out and look at it basically that's what's going to happen. 8 ZBA Special Meeting January 21, 2021.._ MEMBER PLANAMENTO : But what I was going to say, what bothers me with this type of application overall is that these people by right can add to their,existing one floor ranch house and then suddenly end up with a very large property on a very small lot. CHAIRPERSON WEISMAN : You mean a large structure on a small property. MEMBER PLANAMENTO : Structure I'm trying to say, yes. CHAIRPERSON WEISMAN : Well they can't do it without a variance now because they're over lot coverage. MEMBER PLANAMENTO : They can add a second story couldn't they? CHAIRPERSON WEISMAN : Oh second story. MEMBER ACAMPORA : Second story yeah which would be CHAIRPERSON WEISMAN : Well they couldn't do it if the setbacks were not all conforming. MEMBER PLANAMENTO : By memory though the setbacks are fine. CHAIRPERSON WEISMAN : The Walz decision you know that's volume and if it's got a non- conforming even if it had a prior approval for non-conforming side yard let's say. If they added a second story they'd be back before us because it's increasing the degree of non-conformancy. In the past a number of things that we sometimes have done was, when a second floor was going to be added and let's say it was a 5 foot instead of 10 foot side yard we've required that the second story be set back maybe two or three feet if not to a conforming degree but it depends on the house.,That's why we have to do this specific to each property cause you know some things are realistic and other things are just architecturally not very viable.Alright we're just going to leave this? MEMBER PLANAMENTO : I would leave it. CHAIRPERSON WEISMAN : Alright, Nick you made the motion to grant subject to five conditions. MEMBER PLANAMENTO : Yes I did. CHAIRPERSON WEISMAN : Is there a second? MEMBER LEHNERT : Second. CHAIRPERSON WEISMAN : Rob seconds it, Kim call the roll please. BOARD ASSISTANT : Member Acampora how do you vote? '9 ZBA Special Meeting January 21, 2021 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 : Motion carries unanimously.The,next one is#7453 Old Salt Road LLC. This one is literally one step up right? MEMBER LEHNERT : Yeah. CHAIRPERSON WEISMAN : Rob tell us a little bit about this one. MEMBER LEHNERT : It's a patio on a waterfront house that was originally permitted to be on grade and then after the construction of the house when they graded the property somehow it ended up half of it a step up so it's very minor. So I move to grant as applied for with the conditions, the patio is to remain open to the sky above and the rest of the conditions are the standard as built conditions that we have on the drafts. CHAIRPERSON WEISMAN : Permits, C.O. MEMBER LEHNERT : Yeah C.O.'s permits the typical stuff on the template. CHAIRPERSON WEISMAN : Alright so we have a motion to grant as applied, 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? 10 - ---. ZBA Special Meeting January 21, 2021___ - -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 : Motion carries unanimously. Now we have Cannizzaro and Miltakis# 7455. This is on Strohso,n Rd. in Cutchogue, additions and alterations, as built deck. Nick just summarize for us the relief requested. MEMBER PLANAMENTO : Sure, the applicant has an existing waterfront residence with a side yard setback of 6.7 feet. Their intention is to legalize an as built deck along with alterations and _additions to their house and they"clAike to maintain the 6.7 feet side yard setback,as part of the development. The code of course limits or requires a minimum side yard setback of 10 feet. It's a fairly benign application again. The applicant has the as built deck, it's been there for many years. They're not encroaching upon the side yard setback any further than the existing 6.7 feet. Additionally they're proposing a second floor storage area over the garage with a pull down stairs. I would like to offer a motion to grant the relief.for the variance,as applied for subject to,the following conditions, they're kind of lengthy but they're CHAIRPERSON WEISMAN : You can just summarize them. MEMBER PLANAM'ENTO : Yeah I mean the things we've discussed-by the way there was also a shed in the front yard that is straddling a lot line that's the first condition that we ask the shed be either located or removed and the applicant of course had agreed to that during the public hearing. Additionally, just the;standard sort of conditions for as built that in order for them to use it they have to apply for a'building permit etc, relative to the additions and alterations they need to sign off on a statement that they recognize the limitations of the Zoning Board of Appeals variance relief granted that should this become a demolition or something they need to be prepared for that. Moreover that the attic storage which would be accessed via the pull down stairs they suggested would be maintained as a non-habitable space and that it shall be unfinished with open stud walls and rafters. 11 , ZBA Special Meeting January 21, 2021 CHAIRPERSON WEISMAN : Sounds good. Any comments or suggestions on this? Okay I 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. BOARD ASSISTANT : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD ASSISTANT : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : Motion carries unanimously. The last draft on the agenda for this evening is#7456 Ira and Susan Akselrad over on Nassau Point Rd. and Eric you want to give us a synapsis on this one. MEMBER DANTES :Sure,this is a house that's like 72 feet from a bluff setback and they're looking to build a deck in the side yard that's in line with the house basically but it's still a non-conforming bluff setback. So I make a motion to approve the variance as applied because the deck in the side yard is a legal side yard setback and it's in line with where the existing house is located. CHAIRPERSON WEISMAN : For which they already got a variance by the way, and you got a condition on here about remaining open to the sky, unenclosed. I'll second it, call the roll please Kim. 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. 12 ZBA Special-Meeting January 21, 2021• 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 : Motion carries unanimously. That concludes deliberations on drafts, let me go on to resolutions. Resolved to authorize advertising of hearing for Regular Meeting to be held on Thursday, February 4, 2010 which Regular Meeting will commence at 9:00 am for Executive Session and 10: 00 am for the Regular Meeting so moved. Is there a second? MEMBER ACAMPORA : Second. CHAIRPERSON WEISMAN : Kim call-'the roll please. MEMBER ACAMPORA : Why don't we just raise our hands. CHAIRPERSON WEISMAN : Okay raise your hand if you're in favor of the resolution. Okay; let the record show that all Members of the Board voted aye, the motion carries unanimously. Resolution to approve the Minutes from January 7, 2020 Regular Meeting, so moved is there a second? MEMBER DANTES : Second. CHAIRPERSON WEISMAN : Member Dantes,seconded the motion. Raise your hands if you agree if you're voting aye. Alright everyone votes aye,the motion carries unanimously. We already did the extension for Posillico earlier on in the meeting. So unless there is any other matter before this-Board, is there anything else anyone wants to talk about while we're here? So if there's nothing else we need to talk about for now, you all have your February packets? MEMBER ACAMPORA : I got mine. CHAIRPERSON WEISMAN : Alright, with that I'm going to make a motion to close the meeting is there a second? MEMBER PLANAMENTO : Second. 13 ZBA Special Meeting January 21, 2021 CHAIRPERSON WEISMAN : Raise your hand if you want-to vote aye. Everyone votes aye, the meeting is closed. Have a good evening everybody. 14 ZBA Special Meeting January 21, 2021 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 ZBA Special Meeting held on January 21, 2021. Signature 0, Elizabeth Sakarellos DATE : January 26, 2021 15