The URL can be used to link to this page

Home My WebLink AboutZBA-02/04/2021 BOARD MEMBERS ® y® F $®(/r Southold Town Hall Leslie Kanes Weisman,Chairperson �� _53095 Main Road•P.O.Box 1179 l® Southold,NY 11971-0959 Patricia Acampora #t Office Location: Eric Dantes Town Annex/First Floor, Robert Lelmert,Jr. yQ 54375 Main Road(at Youngs Avenue) Nicholas PlanamentoCOUNTY Southold,NY 11971 9 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 MINUTES REGULAR MEETING THURSDAY, FEBRUARY 4, 2021 Due to public health and safety concerns related to COVID-19, and in accordance with the Governor's Executive Order 202.1,the February 4, 2021 Zoning Board of Appeals meeting was held via ZOOM WEBINAR beginning at 8:30 AM. Present were: Leslie Kanes Weisman, Chairperson Kim Fuentes, Board Assistant Nicholas Planamento, Vice Chair Elizabeth Sakarellos, Office Assistant Eric Dantes, Member Donna Westermann, P/T Office Assistant Patricia Acampora, Member Robert Lehnert, Member 8:37 A.M. Chairperson Weisman called the meeting to order. Vote of the Board: Ayes: Members Weisman(Chairperson), Planamento, Dantes, Acampora and Lehnert. This Resolution was duly adopted (5-0). EXECUTIVE SESSION: 8:37 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 (Chaimerson), Planamento, Dantes,Acampora and Lehnert. This Resolution was duly adopted (5-0). 9:42 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 Lehnert. This Resolution was duly adopted (5-0). WORK SESSION: Began at 9:57 A.M. A. Requests from the Board Members for future agenda items. Page 2—MINUTES Regular Meeting held February 4, 2021 Southold Town Zoning Board of Appeals 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: Type II Actions (No further steps- setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests): George Cavagnaro#7452 Pedro Rivas and Yira Tejada#7458 Mari Shea#7460 Peter and Valerie Sakas (Breezy Shores Cottage#16) #7461 Charles and Helen Szarka(Breezy Shores Cottage#17) #7462 Matthew Kaelin and Kathryn Collins#7464 Konstantinos Diakovasilis#SE Vote of the Board: All. This resolution was duly adopted 5-0). BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Lehnert to declare the Special Exception Application of Suffolk County Energy Storage II, LLC #7463SE an Unlisted Action, and subsequent to the completion of a coordinated review pursuant to 6 NYCRR Part 617 of the State Environmental Quality Review Act (SEQRA ), declare the Zoning Board of Appeals as Lead Agency for the SEQRA review of this Unlisted Action. Vote of the Board: All. This resolution was duly adopted (5-0). BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Lehnert to declare the Special Exception Application of 12425 Sound LLC,Andrew Fohrkolb #7459SE an Unlisted Action, declare the Zoning Board of Appeals as Lead Agency for the SEQRA review of this Unlisted Action. Vote of the Board: All. This resolution was duly adopted (5-0). POSSIBLE RESOLUTION TO CLOSE THE FOLLOWING HEARINGS: LOUIS A.NARDOLILLO AND ERIN A.NARDOLILLO#7457—(Adjourned from January 7, 2021) 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 Page 3—MINUTES Regular Meeting held February 4, 2021 Southold Town Zoning Board of Appeals 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 Lehnert to CLOSE and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was dui adopted(5-0). DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: CODE INTERPRETATION DETERMININES THAT WORKSHOPS AND ARTIST STUDIOS ARE PERMITTED USES IN ACCESSORY STRUCTURES UPON RESIDENTIAL LOTS WITH CONDITIONS and GRANT AREA VARIANCE AS AMENDED: LOUIS A.NARDOLILLO AND ERIN NARDOLILLO #7457 Vote of the Board: All. This resolution was duly adopted (5-0). CODE INTERPRETATION DETERMINES THAT WORKSHOPS AND ARTIST STUDIOS ARE PERMITTED USES IN ACCESSORY STRUCTURES UPON RESIDENTIAL LOTS WITH CONDITIONS: THOMAS RYCKMAN AND PAMELA WILSON 47454 Vote of the Board: All. This resolution was duly adopted(5-0). PUBLIC HEARINGS: 10:14 A.M. - GEORGE CAVAGNARO #7452—By Anthony Portillo, Representative. Request for a variance from Article XXIII, Section 280-124; and the Building Inspector's October 28, 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 front yard setback of 35 feet; located at: 265 Racketts Court, Orient,NY. SCTM No. 1000-17-6-9.1. 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 HEARING, subject to receipt of Landmarks Preservation Committee's Certificate of Appropriateness. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0 10:19 A.M. - PEDRO RIVAS AND YIRA TEJADA #7458 — By Patricia Moore, Attorney. Request for Variances from Article III, Section 28Q-15; Article XXIII, Section 280-124; and the Building Inspector's September 11, 2020 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling and to legalize Page 4—MINUTES Regular Meeting held February 4, 2021 Southold Town Zoning Board of Appeals an"as built" accessory shed; at 1) proposed dwelling is located less than the code required front yard setback of 35 feet; 2) proposed dwelling is located less than the code required rear yard setback of 35 feet; 3)proposed construction more than the code permitted maximum lot coverage of 20%; 4)"as built"shed located in other than the code permitted rear yard; located at: 305 Flint Street, Greenport, NY. SCTM No. 1000-48-2-7.1. 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). 10:26 A.M. -MARI SHEA#7460—By Michael Kimack,Representative. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's December 1, 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 front yard setback of 40 feet; located at: 1350 Smith Road, Peconic, NY. SCTM No. 1000-98-3-25.1. 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 (5-0h 10:39 A.M. - PETER AND VALERIE SAKAS (BREEZY SHORES COTTAGE #16) #7461 By Frank Uellendahl, Representative. Request for a Variance from Article XXIII, Section 280- 123 and the Building Inspector's December 8, 2020 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing seasonal cottage; at 1) a non-conforming building containing a non-conforming use shall not be enlarged, reconstructed, structurally altered or moved,unless such building is changed to a conforming use; at: 65490 Route 25, (Breezy Shores Cottage #16, Adj. to Shelter Island Sound) Greenport, NY. SCTM#1000-53-5-12.6. 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). 10:43 A.M. - CHARLES AND HELEN SZARKA (BREEZY SHORES COTTAGE#17)#7462 By Frank Uellendahl, Representative. Request for a Variance from Article XXIII, Section 280- 123 and the Building Inspector's December 8, 2020 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing seasonal cottage; at 1) a non-conforming building containing a non-conforming use shall not be enlarged, reconstructed, structurally altered or moved,unless such building is changed to a conforming use; at: 65490 Route 25, (Breezy Shores Cottage #17, Adj. to Shelter Island Sound) Greenport, NY. SCTM No. #1000-53-5-12.6. 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). 10:50 A.M. - MATTHEW KAELIN AND KATHRYN COLLINS #7464 — By Stephen Ham, Attorney. Request for Variances from Article XXIII, Section 280-124; and the Building Inspector's October 22, 2020 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling; at 1)proposed dwelling Page 5—MINUTES Regular Meeting held February 4, 2021 Southold Town Zoning Board of Appeals is located less than the code required front yard setback of 35 feet;2)more than the code permitted maximum lot coverage of 20%; located at: 328 Avenue B, Fishers Island,NY. SCTM No. 1000- 6-2-13.1. 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). 11:01 A.M. - KONSTANTINOS DIAKOVASILIS #74655E — By Paraskevi Diakovasilas, Owner, Terrence Connelly, Representtive. Opposed by Ina Palianok and Philip Dipippo. Applicant requests a Special Exception under Article III, Section 280-13B(13). The Applicant is owner of subject property requesting authorization to establish an Accessory Apartment in an existing accessory structure; at: 2095 Ruth Road, Mattituck, NY. SCTM#1000-106.-7-6. 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 March 4, 2021. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:40 A.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora to break for lunch. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). 1:05 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 (5-01 1:00 P.M. - 12425 SOUND, LLC, ANDREW FOHRKOLB #74595E — By Martin Finnegan, Attorney. Comments from Randy Wade. Request for a Special Exception pursuant to Article XV, Section 280-62B(11) and Article XXVI, Section 280-146D, the applicant is requesting permission to convert and expand an existing two story residential dwelling to six units of affordable rental housing;located at 12425 Old Sound Avenue, Mattituck,NY SCTM No. 1000- 141-3-39. 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 the hearing subject to receipt of SEQRA determination. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:42 P.M. - SUFFOLK COUNTY ENERGY STORAGE II, LLC #7463 SE — By Steven Losquadro, Attorney, Walter Meisner, Jason Funk, Cristina Zolezi and Reid Strain, Engineers. Opposed by Randy Wade, Eric Wechler, James Sarakatsannis, Elaine Fredrickson, Jenn Hartnagel (Group for the East End) and Chris Larkin. In favor, Jon DiVello, Owner, Greg Kaufman,Louise Harrison. Request for a Special Exception pursuant to Article XV, Section 280- 62B(5), the applicant is requesting permission to construct and allow for public utility structures and uses; i.e., battery energy storage system facility; located at 69430 Main Road (NYS Route 25), Greenport, NY SCTM No. 1000-45-5-1. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Page 6—MINUTES Regular Meeting held February 4, 2021 Southold Town Zoning Board of Appeals Chairperson Weisman, seconded by Member Acampora to ADJOURN the hearing to March 4, 2021. 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 Lehnert to set the next Regular Meeting with Public Hearings to be held on Thursday, March 4, 2021, at 8:30 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 Acampora to approve Minutes from Special Meeting held January 21, 2021. 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 4:00 P.M. RespectfullTsum'tted, Kim E. Fuentes 2 / %2021 Board Assistant Included by Reference: Filed ZBA Decisions (2) N AUeKa.n6AsW�ei�sman, Chairperson / /2021 Approved for Filing Resolution Adopted RECEIVED MAR - 1 2021 �1 So old Town Clerk