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HomeMy WebLinkAboutZBA-02/24/2021 Hearing ZBA Special Meeting February 24, 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 February 24, 2021, 5:16 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 February 24, 2021 CHAIRPERSON WEISMAN : Welcome everyone to the Special Meeting of the Zoning Board of Appeals for February 24, 2021. This Special Meeting will be held virtually via the Zoom online platform. Pursuant to Executive Order 202.1 of New York Governor Andrew Cuomo in-person access by the public will not be permitted. The public will have access to view and listen to the meeting as it is happening via Zoom. However this meeting is not a public hearing and no testimony will be solicited or received. The first order of business before the Board is a deliberation for George Cavagnaro #7452. Does everybody have that draft? MEMBER ACAMPORA : Yes. CHAIRPERSON WEISMAN : Let's have a look. This is a property on Racketts Ct. in Orient. Eric you want to walk us through this one? MEMBER DANTES : Sure, this is a property with an existing non-conforming front yard setback and he's looking to renovate and then do additions to the house and he is maintaining the existing non-conforming front yard setback. There are several past decisions where the ZBA has granted front yard setbacks in this neighborhood and so I make a motion to grant the application as applied for and that the first and second floor decks shall remain open to the sky. CHAIRPERSON WEISMAN : There's the standard condition also that in the unlikely event that a demolition should occur telling the applicant what he's got to do to go to the Building Department. Okay is there a second on that motion? MEMBER LEHNERT : I'll second that. CHAIRPERSON WEISMAN : Seconded by Member Lehnert. Kim would you call the roll please. OFFICE ASSISTANT SAKARELLOS : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. OFFICE ASSISTANT SAKARELLOS : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES :Aye. OFFICE ASSISTANT SAKARELLOS : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. OFFICE ASSISTANT SAKARELLOS : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. 2 ZBA Special Meeting February 24, 2021 OFFICE ASSISTANT SAKARELLOS : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. OFFICE ASSISTANT SAKARELLOS : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN :The motion carries unanimously. The next application is #7458 for Pedro Rivas and Yira Tejada located on Flint St. in Greenport. Pat can you summarize a couple of points for us please. MEMBER ACAMPORA : Basically the applicants applied to legalize an as built accessory shed that was not located in the back in the rear yard but located in the side yard. There was also an application to put on an addition to the home and because of the setback being less than the code required setback and also the lot coverage was exceeded by a few percentage points where it's 20% 1 think this was like 21 or something like that. So this was a very odd shaped piece of property. The home basically the front yard is line with other homes in the area, because the property is like a triangle shape which goes to the west there was no other place for the applicants to put this shed.There is basically no rear yard as it abuts the Long Island Railroad.The construction that they're asking for is not a lot and because of that I say we grant the approval as applied for. CHAIRPERSON WEISMAN : We have one condition, upgrade the sanitary system. MEMBER ACAMPORA : Yes one condition that they did mention at the public hearing they were going to upgrade the system but we are putting it as a condition to make sure that it's CHAIRPERSON WEISMAN : Well they're adding a bedroom so they're going to need to so. MEMBER ACAMPORA : And a bath I believe. CHAIRPERSON WEISMAN : Exactly. Okay so we have a motion to grant the variance as applied for, is there a second from somebody? MEMBER DANTES : Second. CHAIRPERSON WEISMAN : Seconded by Member Dantes. Kim call the roll please. OFFICE ASSISTANT SAKARELLOS : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. 3 ZBA Special Meeting February 24, 2021 OFFICE ASSISTANT SAKARELLOS : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. OFFICE ASSISTANT SAKARELLOS : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT :Aye. OFFICE ASSISTANT SAKARELLOS : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. OFFICE ASSISTANT SAKARELLOS : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN :Aye. OFFICE ASSISTANT SAKARELLOS : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : The motion carries unanimously. The next draft decision before us is #7460 Mari Shea. This is located on Smith Rd. in Peconic and Eric you want to summarize the facts for us. MEMBER DANTES : Sure,this is another property where they have existing non-conforming front yard setback that had been legalized through variance relief in Appeal #4883. Basically the applicant was maintaining the same setback that it had making the front covered porch larger. CHAIRPERSON WEISMAN : Very straightforward. MEMBER DANTES : Yep, so I make a motion to grant with the condition that the porch shall remain open to the sky. CHAIRPERSON WEISMAN : You know what I just realized, the proposed porch shall remain open it's a covered porch. It's got a roof so it's not open to the sky. MEMBER PLANAMENTO : It can't be enclosed. MEMBER ACAMPORA : Unenclosed. CHAIRPERSON WEISMAN : The proposed porch shall remain unenclosed. Did we have a second on that motion? MEMBER ACAMPORA : Second. 4 ZBA Special Meeting February 24, 2021 CHAIRPERSON WEISMAN : Seconded by Member Acampora. Kim call the roll please. OFFICE ASSISTANT SAKARELLOS : Member Acampora how do you vote? MEMBER ACAMPORA :Aye. OFFICE ASSISTANT SAKARELLOS : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. OFFICE ASSISTANT SAKARELLOS : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. OFFICE ASSISTANT SAKARELLOS : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. OFFICE ASSISTANT SAKARELLOS : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. OFFICE ASSISTANT SAKARELLOS : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN :The motion carries unanimously.We're now on#7461 Peter and Valerie Sakas, this is one of the Breezy Shores cottages this one is #16. Rob tell us what this one is about if you would please. MEMBER LEHNERT : It's a Breezy Shores cottage. They're adding a bathroom to it and they're redoing the entryway. It's under the lot coverage for any of the Breezy Shores cottages. So I'm making a motion to grant it as applied for. CHAIRPERSON WEISMAN :Well it's not the lot coverage, it's less than a 3%increase in the square footage of the pre-existing non-conforming building which the Board has established as an almost deminimus and necessary upgrade to these rather old cottages that really need to become more code conforming and so on. Okay so we have a motion to grant the variance as applied for. Is there a second? MEMBER ACAMPORA : Second. CHAIRPERSON WEISMAN : Seconded by Member Acampora. Kim call the roll please. 5 ZBA Special Meeting February 24, 2021 OFFICE ASSISTANT SAKARELLOS : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. OFFICE ASSISTANT SAKARELLOS : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. OFFICE ASSISTANT SAKARELLOS : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. OFFICE ASSISTANT SAKARELLOS : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. OFFICE ASSISTANT SAKARELLOS : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. OFFICE ASSISTANT SAKARELLOS : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : The motion carries unanimously. The next one is #7462 Charles and Helen Szarka another Breezy Shores cottage, this is #17. it's pretty much the same situation. MEMBER LEHNERT : It's the same 17 sq. ft. addition. CHAIRPERSON WEISMAN : Again well within the precedent that has been set. So Rob you want to make a motion to grant? MEMBER LEHNERT : I make a motion to grant as applied for. CHAIRPERSON WEISMAN : Okay I'll second it. Call the roll please Kim OFFICE ASSISTANT SAKARELLOS : Member Acampora how do you vote? MEMBER ACAMPORA :Aye. OFFICE ASSISTANT SAKARELLOS : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. 6 ZBA Special Meeting February 24, 2021 OFFICE ASSISTANT SAKARELLOS : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. OFFICE ASSISTANT SAKARELLOS : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. OFFICE ASSISTANT SAKARELLOS : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. OFFICE ASSISTANT SAKARELLOS : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : The motion carries unanimously. Moving right along our last one #7464 Matthew Kaelin and Kathryn Collins. This is an addition to a dwelling on Fishers Island. Nick would you summarize the important points for us. MEMBER PLANAMENTO : This is an application for an existing structure that has an accessory garage in the front yard where the applicant wishes to connect the accessory garage by a 50 sq. ft. sort of like a mud room for lack of a better description where they would then increase the house to include a new master bedroom in the previously existing two car garage while maintaining a single car garage. There was a request for a front yard relief where the front yard setback is 2.8 feet where the code requires 35 feet and lot coverage is excessive at 22.7%where only 20% is permitted. I make a motion that we grant the relief as applied for subject to the following conditions. Incidentally there was on the application there was a 6 foot tall fence proposed in the survey on the site plan but it was not cited in the Notice of Disapproval. So the first condition is that the proposed 6 foot high fence which is not subject to this application is to be code compliant 4 feet in height or removed from the plan. Secondly, prior to receiving a building permit the owners of the subject property cited must sign a statement acknowledging that the applicants have read the determination and that the applicant will immediately contact the Building Department if a demolition occurs. CHAIRPERSON WEISMAN : Okay that means that more than fifty percent of the existing structure. That's a standard condition when there's major renovation going on actually to aid the applicant in the event that on old construction sometimes you know you tear into a wall and you find something you never anticipated and then suddenly more of it is gone than supposed to be. So this tells the applicant what to do in an event like that. 7 ZBA Special Meeting February 24, 2021 MEMBER PLANAMENTO : I was just going to say the location off of Ave. B is a little private enclave located immediately behind the island's only grocery store. It's a very unique spot and the front yard is really the back yard it's all reversed. I think a few years ago we did a site inspection when they applied for and received a variance for the addition of the deck and pergola on the Ave B. part of the property. CHAIRPERSON WEISMAN :Yep. Okay so we have a motion to approve with conditions. I'll second it. Kim call the roll. OFFICE ASSISTANT SAKARELLOS : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. OFFICE ASSISTANT SAKARELLOS : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. OFFICE ASSISTANT SAKARELLOS : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. OFFICE ASSISTANT SAKARELLOS : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. OFFICE ASSISTANT SAKARELLOS : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. OFFICE ASSISTANT SAKARELLOS : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN :The motion carries unanimously. Kim I'll come in a sign these decisions tomorrow if you could print them out and just make the change that one application and then we can get them out to the applicants and to the Building Department and to the first of all to the Town Clerk. We have a couple of resolutions left on the agenda. Resolution to authorize advertising of hearings for Regular Meeting to be held on Thursday, March 4, 2021 which Regular Meeting will commence at 9:00 AM for Executive Session and 10:00 AM for Regular Meeting so moved. Is there a second? MEMBER LEHNERT : Second. 8 ZBA Special Meeting February 24, 2021 CHAIRPERSON WEISMAN : Seconded by Member Lehnert. All in favor please raise your hands. Let the record show that the motion carries unanimously. Resolution to approve minutes for February 4, 2021 Regular Meeting so moved. Is there a second? MEMBER ACAMPORA : Second. CHAIRPERSON WEISMAN : Seconded by Member Acampora. All in favor please raise your hands. Motion carries unanimously. Is there anything else from anybody? MEMBER ACAMPORA : I don't think so. CHAIRPERSON WEISMAN : I'm going to make a motion to close the meeting of the Board of Appeals, is there a second? MEMBER LEHNERT : Second. CHAIRPERSON WEISMAN : Seconded by Member Lehnert. All in favor please raise your hands. Let the record show the motion carried unanimously. 9 ZBA Special Meeting February 24, 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 February 18, 2021. Signature : Flu, 4- 944 / Elizabeth Sakarellos DATE : February 26, 2021 10