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Home My WebLink AboutZBA-03/04/2021 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �o��®� S®(/l�ol 53095 Main Road-P.O.Box 1179 ® Patricia Acampora Southold,NY 11971-09.59 Eric Dantes Office Location: �n ac Town Annex/First Floor, Robert Lehnert,Jr. COQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento �I,YCOU Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 MINUTES REGULAR MEETING THURSDAY, MARCH 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 March 4, 2021 Zoning Board of Appeals meeting was held via ZOOM WEBINAR beginning at 9:00 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 9:05 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: 9:06 A.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento 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). 9:57 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). Page 2—MINUTES Regular Meeting held March 4, 2021 Southold Town Zoning Board of Appeals WORK SESSION: Began at 10:09 A.M. A. Requests from the Board Members for future agenda items. 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): Jim Brodsky#7466 Vincent Bertault#7467 Vincent Bertault#7467 Samuel J. DiMeglio, Jr. #7469 Michael Kreger#7470 Robert and Donna Drummond #7471 Cottage On Third, LLC#7472 David Zappulla#7473 James and Laurie Carney #7474 Christopher and Marian Briggs#7477 Vote of the Board: All. This resolution was duly adopted 5-0). BOARD RESOLUTION: On February 4, 2021, Zoning Board of Appeals, pursuant to 6 NYCRR Part 617 of the State Environmental Quality Review Act(SEQRA),and subsequent to the completion of a coordinated review, declared itself as Lead Agency for the Unlisted Action of the Special Exception Application of Suffolk County Energy Storage II, LLC #7463SE, for a proposed battery storage facility located at 69430 Main Road, Greenport, SCTM No. 1000-45-5-1. Based upon a SEQRA review conducted by the Southold Town Planning Department and their Notice of Determination of Non-Significance, dated March 1, 2021, it has been determined that the proposed Action will not have a significant effect on the environment and a Negative Declaration shall be issued. IT WAS,THEREFORE, RESOLVED, by a Motion offered by Chairperson Weisman, seconded by Member Planamento, that The Southold Zoning Board of Appeals, as Lead Agency, issue a Negative Declaration on the proposed Action as described above. Vote of the Board: All. This resolution was duly adopted (5-0). Page 3—MINUTES Regular Meeting held March 4, 2021 Southold Town Zoning Board of Appeals PUBLIC HEARINGS: 10:11 A.M. -JIM BRODSKY#7466—By Jim Brodsky, Owner; Amanda Ayzenberg in support. Request for a Variance from Article III, Section 280-15 and the Building Inspector's December 2, 2020,Amended December 8, 2020 Notice of Disapproval based on an application for a permit to construct an accessory garage in conjunction with a new single family dwelling; at 1) located in other than the code permitted rear yard; located at: 1895 Pequash Avenue, Cutchogue, NY. SCTM No. 1000-103-7-15. 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(5-01 10:32 A.M. - VINCENT BERTAULT #7467 — By Eric Bressler, Attorney; Vincent Bertault, Owner; Gary O'Connor, Design Professional. Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector's October 22, Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling, and construct an in ground swimming pool; at 1) proposed additions located less than the code required minimum front yard setback of 35 feet; 2) the accessory swimming pool is located in other than the code permitted rear yard; located at: 95 Navy Street, Orient, NY. SCTM No. 1000-26-1-12.2. 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 Special Meeting of March 18 2021. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:32 A.M. - VINCENT BERTAULT #74685E - By Eric Bressler, Attorney; Vincent Bertault, Owner; Gary O'Connor, Design Professional. 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: 95 Navy Street, Orient, NY. SCTM#1000-26-1-12.2. 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 Special Meeting of March 18 2021 Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:13 A.M. - SAMUEL J. DIMEGLIO, JR. #7469 —By Samuel DeMeglio, Owner; Glenn Just, Representative (no audio). Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's November 17, 2020, Notice of Disapproval based on an application for a permit to construct a front porch addition attached to an existing single family dwelling; at 1) located less than the code required minimum front yard setback of 35 feet; 2) located less than the code required minimum combined side yard setback of 25 feet; located at: 2280 Deep Hole Drive, (Adj. to Deep Hole Creek) Mattituck, NY. SCTM No. 1000-123-4-6. 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). 11:24 A.M. -MICHAEL KREGER#7470—By Stephen Kiely,Attorney; Ashley Kreger, Owner. Page 4—MINUTES Regular Meeting held March 4, 2021 Southold Town Zoning Board of Appeals Request for a Variance from Article III, Section 280-13 and the Building Inspector's January 6, 2021 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling; at 1) more than the code permitted maximum two and one-half (2-1/2) stories; located at: 985 Bay Shore Road, (Adj. to Pipe's Creek) Greenport, NY. SCTM No. 1000-53-3-13.1. 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 ADJOURN the Special Meeting of March 18, 2021. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:50 A.M. -ROBERT AND DONNA DRUMMOND #7471 — By Jennifer Wicks, Representative; Robert Drummond, Donna Drummond, Owners. Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector's December 16,2020,Notice of Disapproval based on an application for a permit to legalize an"as built"deck addition with hot tub attached to a single family dwelling, and to legalize an"as built" accessory shed; at 1) "as built" deck is located less than the code required minimum side yard setback of 10 feet; 2)"as built" shed is located in other than the code permitted rear yard; located at: 675 Private Road #12, (Adj. to Corey Creek) Southold, NY. SCTM No. 1000-87-4-7. 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). 11:40 A.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento 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 Acampora to reconvene the public hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted 1:02 P.M. - COTTAGE ON THIRD, LLC #7472 —By Gary Steinfeld, Representative; Stephan Roussan, George Maul, Doris Brautigan, opposed. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's January 13, 2021 Notice of Disapproval based on an application for a permit to construct a new accessory pool house/garage; at 1) more than the code permitted maximum lot coverage of 20%; located at: 850 Third Street, Greenport, NY. SCTM No. 1000-117-8-7. 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). 1:46 P.M. - DAVID ZAPPULLA #7473 — By David Zappulla, Owner. Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's December 23, 2020,Notice of Page 5—MINUTES Regular Meeting held March 4, 2021 Southold Town Zoning Board of Appeals Disapproval based on an application for a permit to demolish and reconstruct a new single-family dwelling; at 1)located 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: 810 Linnet Street, Greenport, NY. SCTM No. 1000-48-3-13. 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). 1:53 P.M. -JAMES AND LAURIE CARNEY #7474—By Sam Fitzgerald,Representative;Mary Beth and George Guimares, in support. Request for Variances from Article XXIII, Section 280- 124 and the Building Inspector's December 15, 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 35 feet; 2) located less than the code required minimum rear yard setback of 35 feet; located at:No#Equestrian Avenue, Fishers Island, NY. SCTM No. 1000-9-6-3. 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). 2:04 P.M. - CHRISTOPHER AND MARIAN BRIGGS #7477—By Sam Fitzgerald, Representative. Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector's January 25, 2021 Notice of Disapproval based on an application for a permit to legalize "as built" deck additions to an existing single family dwelling and to legalize an"as built" accessory shed; at 1) as built shed is located in other than the code permitted rear yard; 2) as built deck is located less than the code required minimum front yard setback of 40 feet; 3) as built deck is located less than the code required minimum rear yard setback of 60 feet; located at: 320 Oceanic Avenue, Fishers Island,NY. SCTM No. 1000-9-7-9.1. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento to CLOSE AND RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0). 2:12 P.M. -KONSTANTINOS DIAKOVASILIS#74655E—(Adjourned from February 4,2021) 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. The applicant's representative, Terrence Connelly requested an adjournment to the April 1, 2021 Regular Meeting. 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 ADJOURN the Hearing to the Regular Meeting of April 1,2021. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 2.13 P.M. - SUFFOLK COUNTY ENERGY STORAGE II, LLC #74635E — (Adjourned from February 4, 2021) By Steven Losquadro, Attorney; Walter Mesner, Design Professional. Chris Page 6—MINUTES Regular Meeting held March 4, 2021 Southold Town Zoning Board of Appeals Regini,Jenn Hartnagel,Thomas Sarakatsannis,Randy Wade,in opposition. 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 Chairperson Weisman, seconded by Member Lehnert to ADJOURN the Special Meeting of March 18, 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 Dantes to set the next Regular Meeting with Public Hearings to be held on Thursday, April 1, 2021, at 9:00 AM. Vote of the Board: Ayes: All. This Resolution was duly adopted (5- RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Planamento to approve Minutes from Special Meeting held February 18, 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 3:29 P.M. Respectfully submitted, Kim E. Fu /Z Z/2021 Board Assistant Included by Reference: Filed ZBA Decisions (0) REI E® eslie Kanes Weisman, Chairperson // /2021 MAA 2 4 2021 Approved for Filing Resolution Adopted 0, S®u ®Id Town Clerk