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Home My WebLink AboutZBA-04/01/2021 BOARD MEMBERS QF $®(/r Southold Town Hall Leslie Kanes Weisman,Chairperson �� yo 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento CoUf 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, APRIL 1, 2021 Due to public health and safety concerns related to COVID-19, and in accordance with the Governor's Executive Order 202.1, the April 1, 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 William Duffy, Town Attorney Robert Lehnert, Member John Burke, Assistant Town Attorney 9:04 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: 9:19 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 Chairperson) Planamento Dantes Acampora and LehnertThis Resolution was duly adopted 5-0). 10:09 A.M. Motion was offered by Chairperson Weisman, seconded by Member Lehnert 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 April 1, 2021 Southold Town Zoning Board of Appeals WORK SESSION: A. Requests from the Board Members for future agenda items. B. The Board discussed the Special Exception Application of 12425 Sound, LLC Andrew Fohrkolb #7459SE and the resolution to declare the Unlisted Action a Negative Declaration. C. The Board discussed the applications for area variances and Special Exception for an accessory apartment for Vincent Bertault #7467 and 7468SE. It was determined that the Barn/Accessory Apartment was not reviewed by the Town's Historical Preservation Committee (HPC). Gail Wickham, spoke in behalf of the applicant to make statements and to inquire about progress. (Please see transcript of written statements prepared under separate cover.) The Board will await resubmission of plans from the applicant and a response from the HPC. The matter will be reopened/adjourned to the June 3, 2021 Regular Meeting. D. The Board discussed the deminimus request of Susan Cacchioli#7306. It was agreed that the porch addition converted to conditioned space shall not be considered a deminimus change, and that the applicant will be required to return to the Zoning Board of Appeals to request area variance relief. BOARD RESOLUTIONS: RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman seconded by Lehnert to reopen/adjourn the Public Hearing of Vincent Bertault#7467 to the Regular Meeting of June 3, 2021. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-02 RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman seconded by Lehnert to reopen/adjourn the Public Hearing of Vincent Bertault#7468SE to the Regular Meeting of June 3, 2021. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). 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): ADF Ventures, LLC#7475 Emily Miller#7476 Page 3—MINUTES Regular Meeting held April 1, 2021 Southold Town Zoning Board of Appeals Mary Mckay#7478 Kevin and Christine Meyers#7479 Jessica and William Macomber#7480 Isaac Israel and Jonathan Divello #7481 Mattituck 2012, LLC #7483 Thomas and Michelle Hart, Deep Roots Farm, LLC#7485 Joshua A. Skrezec and Julie L. Rompel #7482SE Byron Elmendorf 47484SE 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 12425 SOUND, LLC, ANDREW FOHRKOLB #7459SE, 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. Based upon the decision that follows, which will result in the action not occurring, there will be no 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 Lehnert,that The Southold Zoning Board of Appeals, as Lead Agency, issue a Negative Declaration based upon the following decision to deny the application. Vote of the Board: All. This resolution was duly adopted(5-0). X�7tC DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: RELIEF DENIED MICHAEL KREGER#7470 Vote of the Board: All. This resolution was duly adopted (5-0). RELIEF DENIED WITHOUT PREJUDICE 12425 SOUND, LLC, ANDREW FOHRKOLB #7459SE Vote of the Board: All. This resolution was duly adopted (5-0). (Member Dantes Abstained) Page 4—MINUTES Regular Meeting held April 1, 2021 Southold Town Zoning Board of Appeals PUBLIC HEARINGS: 10:42 A.M. - ADF VENTURES, LLC #7475 —By Fred Fragola, owner. Request for Variances from Article XXII, Section 280-116A(1) and the Building Inspector's January 25, 2021 Notice of Disapproval based on an application for a permit to construct an in-ground swimming pool at; 1) located less than the code required 100 feet from the top of the bluff; located at: 17877 Soundview Avenue, (Adj. to Long Island Sound) Southold, NY. SCTM No. 1000-51-1-4. 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 to the Special Meeting of April 15, 2021. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:00 A.M. -EMILY MILLER#7476—By Richard Lark,Attorney. Request for a Variance from Article XXII, Section 280-105 and the Building Inspector's November 30, 2020 Notice of Disapproval based on an application for a permit to legalize an"as built" 5.2 feet pool fence in the front yard; at 1) fence more than the code permitted maximum four (4) feet when located in the front yard; located at: 9575 Nassau Point Road, Cutchogue, NY, SCTM No. 1000-119-1-3. 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). 11:15 A.M. - MARY MCKAY #7478 — By Elizabeth Thompson, Design Professional. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's January 19,2021 Notice of Disapproval based on an application for a permit to construct a front porch addition to an existing single-family dwelling; at 1) located less than the code required front yard setback of 55 feet;located at: 450 Castle Hill Road, (Adj.to Long Island Sound) Cutchogue,NY. SCTM No. 1000-72-1-1.8. 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). 11:19 A.M. - KEVIN AND CHRISTINE MEYERS #7479 — By Charles Thomas, Design Professional. Request for a Variance from Article III, Section 280-15 and the Building Inspector's November 18,2020 Notice of Disapproval based on an application for a permit to legalize two"as built" accessory buildings; at 1) accessory garage located less than the code required 20 feet setback from the property line;2)accessory shed located less than the code required 20 feet setback from the property line; located at: 1985 Peconic Lane, (Adj. to Long Island Sound) Cutchogue, NY. SCTM No. 1000-74-5-7. 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 5—MINUTES Regular Meeting held April 1, 2021 Southold Town Zoning Board of Appeals 11:26 A.M. - JESSICA AND WILLIAM MACOMBER #7480 — by Anthony Portillo, Design Professional. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's January 12, 2021 Notice of Disapproval based on an application for a permit to demolish an existing single family dwelling and construct a new single family dwelling; at 1) located less than the code required single side yard setback of 15 feet; located at: 4040 Deep Hole Drive, (Adj. to Deep Hole Creek) Mattituck, NY. SCTM No. 1000-115-17-4. 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, Subject to Receipt of Information from Suffolk County Department of Health Services. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:40 A.M. - ISAAC ISRAEL AND JONATHAN DIVELLO #7481 — By David DiGiovanni, representative, Ike Israel, Owner. Request for a Variance from Article XXIII, Section 280-124; Article XXII, Section 280-104A; and the Building Inspector's January 22, 2021 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: 255 Corwin Street, Greenport,NY. SCTM No. 1000-48-1-44.2. 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). 11:47 A.M. -MATTITUCK 2012,LLC#7483—By Michael Kimack,representative. Request for Variances from Article IX, Section 280-42A and the Building Inspector's January 25,2021 Notice of Disapproval based on an application for a permit to demolish an existing single family dwelling with a business office and construct a new single family dwelling with a business office (pest control); at 1) located less-than the code required front yard setback of 100 feet; 2) located less than the code required rear yard setback of 75 feet; 3) located less than the code required single side yard setback of 20 feet; 4) located less than the code required combined side yard setback of 45 feet; located at: 36230 NYS Route 25, Cutchogue, NY. SCTM No. 1000-97-3-2. 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 CLOSE Subject to Receipt of Additional Information. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:59 A.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes to break for lunch. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:01 P.M. Motion was offered by Chairperson Weisman, seconded by Member Lehnert to reconvene the public hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0 . Page 6—MINUTES Regular Meeting held April 1, 2021 Southold Town Zoning Board of Appeals 1:01 P.M. - THOMAS AND MICHELLE HART, DEEP ROOTS FARM LLC #7485 — By Thomas Hart, Owner. Request for a Variance from Article III, Section 280-15B and the Building Inspector's December 16, 2020 Notice of Disapproval based on an application for a permit to convert an existing accessory farm building into an accessory agricultural production building; at 1) located less than the code required minimum 25 feet setback from the property line; located at: 57685 Main Road, Southold, NY. SCTM No. 1000-63-3-25. 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). 1:10 P.M. - JOSHUA A. SKREZEC AND JULIE L. ROMPEL #7482SE—By Josh Skrezec and Julie Rompel, Owners. 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: 21905 Main Road, Cutchogue, NY. SCTM#1000-109-1-8.9. 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, Subject to Recalculation of Livable Floor Area to conforming square footage. Vote of the Board: Ayes: All. This Resolution was duly adopted (4- 0). (Member Acampora was Absent) 1:21 P.M. - BYRON ELMENDORF #7484SE — By Bryon Elmendorf, Owner. Robert Irgang, opposed. Applicant requests a Special Exception under Article III, Section 280-13B(13). The Applicant is owner of subject property requesting authorization to maintain an Accessory Apartment in an existing accessory structure;at: 1570 Bray Avenue,Mattituck,NY. SCTM#1000- 126-7-26.1. 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 (4-0). (Member Acampora was Absent) 1:30 P.M. - KONSTANTINOS DIAKOVASILIS #7465SE — (Adjourned from March 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. RESOLUTION: By email dated March 17, 2021 the applicant's representative, Anthony Portillo, requested an Adjournment. A motion was offered by Chairperson Weisman, seconded by Member Planamento to ADJOURN to the Regular Meetingof May 6,2021. Vote of the Board: Ayes: All. This Resolution was duladopted (4-0) (Member Acampora was absent. 1.40 P.M. - SUFFOLK COUNTY ENERGY STORAGE II, LLC #7463SE — By Steven Losquadro, Attorney. Randy Wade, Opposed. (Adjourned from March 18, 2021) Request for a Special Exception pursuant to Article XV, Section 280-62B(5), to construct and allow for public utility structures and uses; i.e.,battery energy storage system facility; located at 69430 Main Road (NYS 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 CLOSE AND RESERVE DECISION. Vote of the Board: Ayes: All This Resolution was duly adopted (4-0). (Member Acampora was Page 7—MINUTES Regular Meeting held April 1, 2021 Southold Town Zoning Board of Appeals Absent 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,May 6,2021, at 9:00 AM. Vote of the Board: Ayes: All. This Resolution was duly adopted 4-0). (Member Acampora was Absent) RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Planamento to approve Minutes from Special Meeting held March 18, 2021. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Member Acampora was Absent) There being no other business properly coming before the Board at this time, the Chairperson declared the meeting adjourned. The meeting was adjourned at 1:54 P.M. Respectfully submitted, Kim E. Fuentes / /2021 Board Assistant Included by Reference: Filed ZBA Decisions (2) rieganes Weisman, Chairperson �4 /';70/2021 Approved for Filing Resolution Adopted I' 0 A AP R 2 6 20211 Sodhold Town Clerk