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HomeMy WebLinkAboutZBA-05/20/2021 Hearing 7 ZBA Special Meeting May 20, 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 May 20, 2021 5:15 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 May 20, 2021 CHAIRPERSON WEISMAN : I'm opening up the public hearing portion for May 20th, the Special Meeting is being held virtually by a 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 item on the Board's agenda is Work Session. Are there any requests from Board Members for future agenda items to be added to our subsequent meetings? Not at this time okay. We have received a request that is not on the agenda that I do want to take care of at this open meeting. You all received a copy of a letter from Charles Cuddy who was a representative of file #7099 Daley which we ruled on previously and there were extenuating circumstances which prevented the applicant from completing the process of obtaining a Certificate of Occupancy within the required time frame from the date of the resolution of the appeal. So in fairness to the applicant and having considered everybody read the request right? MEMBER ACAMPORA :Yes. CHAIRPERSON WEISMAN : Yes okay and the circumstances under which this request this extension is being made.Alright what I'm going to do is I'm going to issue the following and then ask for a vote, pursuant to Chapter 280 Article 146B the powers and duties of the Board of Appeals the Board resolves to grant a 60 day extension of the variance relief approved in file # 7009 subject to the approval of the final text of this resolution by the Town Attorney. Is there any discussion, does that make sense to everybody that way we can have Bill review it all and make sure that it accomplishes the language that indicates there were circumstances related to COVID and at the substantial justice will be done under the powers and duties of what we're allowed to do. Okay so there's a resolution I made the motion, is there a second to that resolution by a Board Member? MEMBER DANTES : Second. CHAIRPERSON WEISMAN : Seconded by Member Dantes. Kim would you call the roll please. BOARD SECRETARY : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. BOARD SECRETARY : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD SECRETARY : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. 2 ZBA Special Meeting May 20, 2021 BOARD SECRETARY : Member Lehnert votes aye. Member Planamento how do you vote? . MEMBER LEHNERT :Aye. BOARD SECRETARY : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD SECRETARY : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : Kim would you just please to check before we send this off to Bill tomorrow for his review to make sure that I hit the correct file number. I have two file numbers, what's the Daley file number, 7099? 1 may have said a different file number. BOARD SECRETARY : It is 7099 correct. CHAIRPERSON WEISMAN : I may have misread that so make sure that the text of what is sent to Bill for his review'is 7099. Now next thing on here is possible resolutions to close the following hearings, Dialkovasilis #7465SE adjourned from April 15t. We were waiting for additional information from Anthony Portillo amended plans and also confirmation that an appointment has been scheduled to allow the Building Inspector to inspect the basement of the principal dwelling, Kim has the office received anything to date? BOARD SECRETARY : No, I did send a reminder to Anthony and he did say that he would submit something to us but I haven't received anything of yet. CHAIRPERSON WEISMAN : Alright, well based on that we are not going to be able to close this so I'm going to make a motion to adjourn this hearing to the June 3rd Regular Meeting for possible close. BOARD SECRETARY : So it's not going to be adjourned for an additional hearing it would just be adjourned for possible close. CHAIRPERSON WEISMAN : For possible close and if we need to do a hearing then we'll schedule another hearing. It depends on what we get. I mean that was the whole idea, we were going to have to see what was submitted to see if we had any questions or further comments that had to be made in a public hearing. If there are none then we BOARD SECRETARY : I just want to make sure that I don't have to add it to the Legal Notice that's all. 3 ZBA Special Meeting May 20, 2021 CHAIRPERSON WEISMAN : No it's just going to be an adjournment for a possible close and we'll just have to make sure that they're able to comply and if not then we will need another hearing. So there is a motion, is there a second on that motion? MEMBER PLANAMENTO : Second. CHAIRPERSON WEISMAN : Seconded by Member Planamento. Kim call the roll please. BOARD SECRETARY : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. BOARD SECRETARY : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD SECRETARY : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT :Aye. BOARD SECRETARY : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER LEHNERT : Aye. BOARD SECRETARY : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD SECRETARY : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : The motion carries unanimously. We have two applications from Leon Petroleum LLC in Mattituck and one in Peconic the other one. one is 7493 the other is 7494. We left them open for the Regular Meeting because we were doing in house research on the history of these two properties and any permits or approvals we may have had in our town records and also the agent was going to be submitting some things possibly. We haven't received anything from the agent yet but we do have information in our file now that ZBA staff has submitted to us for our review and to follow proper procedure I want to make sure that the agent and the applicants have an opportunity to review or at least be informed of the research that affects this application that we discovered. So Kim I'm going to ask you to please forward that information with an email that I'll review explaining that to the applicants and we'll see what they do or don't respond to but I'd like to just then adjourn this to the Regular Meeting of June 61h for a possible close. This is simply to give the applicant an opportunity full disclosure to see what it is that we've uncovered and give them an opportunity to reply if they so choose. 1 4 ZBA Special Meeting May 20, 2021 don't anticipate another hearing but we'll leave it open and see what happens. Okay so the motion then is to adjourn both of these applications to the June 3rd Regular Meeting subject to close at that time. Is there a second? MEMBER LEHNERT : Second. CHAIRPERSON WEISMAN :Seconded by Member Lehnert. Kim call the roll please. We can do this together right application 7493 and 7494. BOARD SECRETARY : Member Acampora how do you vote? MEMBER ACAMPORA :Aye. BOARD SECRETARY : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES :Aye. BOARD SECRETARY : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT :Aye. BOARD SECRETARY : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER LEHNERT :Aye. BOARD SECRETARY : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN :Aye. BOARD SECRETARY : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN :The motion carries unanimously. Let's get down to the deliberations, everybody have all their drafts in front of them? MEMBER PLANAMENTO : Yes. CHAIRPERSON WEISMAN : The first application the first draft decision before the Board is for Charles Schwab #7489. Eric would you give us a little overview on this draft. MEMBER DANTES : This is an application for an accessory garage in a non-conforming front yard location. The garage is in a wooden residential neighborhood and the garage is located about 50 feet from the street which is conforming to the front yard setback of a principal structure. There are neighbors surrounding both the house and the garage in a code conforming rear yard location would be more obtrusive to the neighbors than it would be in its non-conforming front yard location and the applicant has substantial vegetative screening there now and will add additional 5 ZBA Special Meeting May 20, 2021 screening so the garage can't be viewed from the street. It's non-conforming location will have a minimal impact on the character of the neighborhood. So I make the motion to grant as applied fo r. CHAIRPERSON WEISMAN : We do have a condition on here. MEMBER DANTES : Yep with the condition of the vegetative screening being maintained. CHAIRPERSON WEISMAN : You know what I just remembered, usually we do this in additional information and I think it might be somewhere worded in the actual town laws about the neighbor's concern about lights by the driveway side and no? There was a neighbor across the street that was concerned about views (inaudible). You know what it's probably adequate the way it is. Everybody agree that it is? Cause usually we have testimony from you know we put that in in additional information but I'm okay with it. Just forget I said that. So there's a motion to grant as applied subject to condition to screen visually screen the garage from the view from the street and neighboring properties across the street. Is there a second on that motion by Eric? MEMBER ACAMPORA : I'll second. CHAIRPERSON WEISMAN : Seconded by Member Acampora. Kim call the roll please. BOARD SECRETARY : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. BOARD SECRETARY : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD SECRETARY : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. BOARD SECRETARY : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER LEHNERT : Aye. BOARD SECRETARY : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN :Aye. BOARD SECRETARY : Chairperson Weisman votes aye. 6 ZBA Special Meeting May 20, 2021 CHAIRPERSON WEISMAN : The motion carries unanimously. The next draft that we're going to be voting on is #74875E Petra and Vincent Benic. Rob will you give us a little review of this application? MEMBER LEHNERT : This is a Special Exception application for an accessory apartment in an existing accessory dwelling. The dwelling had a Pre CO from a I think it was a 1970 variance. They're asking for 635 sq. ft. which is below the allowable. It's for the owner's son and as a condition we put in you know the usual, copy of a lease and also the applicant shall abandon a previous variance that permitted a two lot subdivision of the subject property. CHAIRPERSON WEISMAN : Right,that's good cause it'll clear up a lot of paperwork. MEMBER LEHNERT : Yes, and they gave all the usual information, Board of Elections, driver's license,they are residents there. CHAIRPERSON WEISMAN : Yep. MEMBER PLANAMENTO : Do we need anything like a notarized letter an affidavit statingthat it's abandoned,the prior relief? CHAIRPERSON WEISMAN : I think the condition is probably sufficient. MEMBER PLANAMENTO : Clear enough? CHAIRPERSON WEISMAN : I think so because at that time those variances ran with the land but I think that the they certainly testified that was their intent. They can't have the accessory apartment if it's on two different lots. That was their priority because it has to be accessory to the principal dwelling on the (inaudible) lot so MEMBER PLANAMENTO : But in the future at some point the next owner can't turn around and say you know we want MEMBER DANTES : No cause you have to get certified by the Department of Health and you can get town's recognition you're probably not going to get the Department of Health's. MEMBER LEHNERT : No plus wouldn't this make that go away? MEMBER DANTES : Yeah. MEMBER PLANAMENTO : Well that's what I'm hoping but I was asking the question. CHAIRPERSON WEISMAN : It would be extinguished first of all it's not transferable to another_ owner. So if another owner took it over they would either have to come back in for another 7 ZBA Special Meeting May 20, 2021 Special Exception for an accessory apartment because they would be required by law to verify their principal residency and whose going to be the tenant.So either that would happen or if they chose to try and subdivide this already extinguishes the prior variance but if they chose to subdivide they could do that. MEMBER PLANAMENTO :Yeah but that's a separate hearing because they have no right to access the prior variance relief. CHAIRPERSON WEISMAN : Correct, correct,they would then have to MEMBER LEHNERT :This extinguishes that. CHAIRPERSON WEISMAN :Yeah. BOARD SECRETARY : I have a question here, would it be better written if we say the previous variance that permitted the two lot subdivision shall be abandoned? CHAIRPERSON WEISMAN : Let me see how we worded it. BOARD SECRETARY: Instead of saying the applicant shall abandon, it should say that the previous variance shall abandoned. MEMBER DANTES : This way it signifies that the applicant has to write a letter or something to US. BOARD SECRETARY : Exactly that's what I'm questioning yes. MEMBER DANTES : If they do it then it's a stronger MEMBER PLANAMENTO : That's what I was getting after, in the draft I added a sentence, a notarized letter stating the prior variances to be excuse me a notarized letter stating these facts is to be received by the Zoning Board of Appeals prior to the issuance of a C of 0. CHAIRPERSON WEISMAN : You want that in another sentence in condition 4 the last sentence? MEMBER PLANAMENTO : I had it as the last sentence of condition 4. CHAIRPERSON WEISMAN : Okay that works. Read that again please. MEMBER PLANAMENTO : The last sentence should read, a notarized letter stating these facts is to be received by the Zoning Board of Appeals prior to the issuance of the C of 0 and I think we need to say actually a notarized letter from the applicant stating these facts is to be received. That way there is no doubt. CHAIRPERSON WEISMAN : A notarized letter from the applicant shall be submitted 8 ZBA Special Meeting May 20, 2021 MEMBER LEHNERT : Can we make up the wording and they just have to sign? MEMBER DANTES : Yeah we can mail them a copy. MEMBER PLANAMENTO : I think it just secures things that we know it's one lot in perpetuity unless MEMBER LEHNERT : No, no I agree I think we should make up the letter that they sign just so we get the wording right. CHAIRPERSON WEISMAN : Well a notarized letter from the applicant confirming this condition of approval shall be submitted to the Board of Appeals prior to the issuance of a C of 0, 1 think the applicants are intelligent enough to figure out how to word. It's a simple wording, just we are abandoning the prior variance basically.They just have to rewrite what we wrote in the condition. So a notarized letter from the applicant confirming this condition of approval shall be submitted to the Board of Appeals, how about and the Building Department?They should get it too. MEMBER DANTES : We can hand it to them. MEMBER PLANAMENTO : Well the Building Department is the one that issues the C of 0 so they should have a copy. CHAIRPERSON WEISMAN : and the Building Department that way nothing will fall through the cracks. That's a good catch. MEMBER PLANAMENTO : And we might add this in the future for when we come up with these situations where there are prior variances just to kind of keep things clean. CHAIRPERSON WEISMAN :Yep I agree. It's better I mean the paper trail is much clearer that way. There are a lot of things dangling from the seventies,from the sixties and you know when we can catch them and make sure everything is legal that's a good idea. Okay so we have a Rob made a motion, we've just added a change to this condition, did anybody second it? MEMBER DANTES : Second. CHAIRPERSON WEISMAN : Seconded by Eric, Kim call the roll please. BOARD SECRETARY : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. BOARD SECRETARY : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. 9 ZBA Special Meeting May 20, 2021 BOARD SECRETARY : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. BOARD SECRETARY : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER LEHNERT : Aye. BOARD SECRETARY : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD SECRETARY : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN :The motion carries unanimously. Prydatko #7488, Pat how about you give us a summary of this one. MEMBER ACAMPORA : The applicant is requesting to construct a new single family dwelling in an accessory in the ground swimming pool. The code says that the minimum front yard setback should be 40 feet, the applicant proposed a front yard setback of 35 feet. The proposed in the ground swimming pool is to be built in the side yard as there is a canal in the rear yard. The applicants have received NYS D.E.C. approval and the Southold Board of Trustees for the bulk head and the wetlands on the rear of the property. I'm sorry they're pending approval from both of those agencies, they've applied but they haven't received approval yet. During the public hearing we heard from both neighbors on the north and south side of the property who both had concerns. The northern neighbor was concerned that the three car driveway there would be a lot of traffic going in and out and they would like to request the applicant to put in screening so that they could have some privacy. The neighbor to the south had a concern that the existing fence that he has there, he would not like to see a fence on his fence but would like to see a visual screening on that side of the property. We did ask the applicant if they would consider, this is a new build so there's really no reason that the house cannot be placed in the proper setback of 40 feet. So I make a motion that we deny the variance for the front yard setback for the proposed new dwelling and grant the variance for the in-ground swimming pool in the side yard as applied for with conditions that the evergreen screening shall be planted and continuously maintained on the north and south side of the subject property lines. The pool mechanicals shall be placed in a sound deadening enclosure.The drywell forthe pool de-watering shall be installed and the applicant shall install a Suffolk County Board of Health approved IA wastewater treatment system, so moved. CHAIRPERSON WEISMAN : I'll second it, Kim call the roll please. BOARD SECRETARY : Member Acampora how do you vote? 10 ZBA Special Meeting May 20, 2021 MEMBER ACAMPORA : Aye. BOARD SECRETARY : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES :Aye. BOARD SECRETARY : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. BOARD SECRETARY : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER LEHNERT : Aye. BOARD SECRETARY : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD SECRETARY : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : The motion carries unanimously. Application #7489SE DellapOYta& Nick can you do a review for all of us on this draft? MEMBER PLANAMENTO : Absolutely, this is for a Special Exception application for a Bed and Breakfast.The applicant had requested four(4)guest rooms allowing an occupancy of up to eight (8) transient guests. I want to add under basis of application a last sentence perhaps we can add it to the draft,the two family use is not recognized in the R40 zone and that's relative to the fact there was an undated or there was a C.O. issue back in 2002 where the applicant was required to remove a second interior unit or second kitchen in order to get the C of 0. CHAIRPERSON WEISMAN : Wait let's get that sentence cause I agree totally. The two family residence is not recognized in the R40 zone. MEMBER PLANAMENTO : That was the really only change. This particular application is a little unusual, the C of 0 the Pre CO that has facts that sort of differ from what the property card or the applicant states by way of bedroom count as I said there was a new C of 0 issued in 2002 but it really didn't describe the house correctly and during the public hearing the applicant well actually let me step back, the Fire Marshall did an inspection back in March where it was discovered that a tandem bedroom accessed via a bathroom in one of the guest suites does not conform to code as far as being a bedroom. Additionally there was a discovery by the Fire Marshall that a bathroom in one of the bedrooms also was being used as an as built improvement without the benefit of a building permit. So it creates this really kind of gray area even though the applicant has the actual site has had a Special Exception for a Bed and Breakfast previously 11 ZBA Special Meeting May 20, 2021 with two prior owners, with an old house a lot of the living space I think fell through the cracks of time so the Fire Marshall noted these different errors. The owner did provide proof of residency. During the public hearing they amended their application from a four (4) sleeping rooms to three (3) recognizing the Fire Marshall's comments. What I propose is that within the Special Exception that there be several conditions, basically stock ones but additionally the applicant is to obtain an updated Certificate of Occupancy to clearly recognize the number of bedrooms and bathrooms in the house and they should deliver a copy of the updated C of 0 to the Zoning Board of Appeals prior to the issuance of the B&B permit. Additionally, there was in the original PreCO from the early nineties two accessory storage buildings on the property, at some point the larger of the two was converted to what appears to be a second residential dwelling unit and that's clearly not compliant with the code.The applicant has stated that they're in the process of applying for a pool permit to convert that shed into a pool house. CHAIRPERSON WEISMAN : Yeah that's the main thing. I mean we're now looking at a three (3) bedroom B&B and some clearing up of some building code issues and so that just complicated this but the main thing is that this existing accessory structure is going to have to be either converted back to a shed for storage or to a pool house in compliance with this 280-4 definitions cabana/pool house that's within twelve (12) months of the issuance of a B&B permit. It's very clear now how a pool house/cabana is defined in the code. So they will either have to conform to that and the Building Department will do an inspection and make sure that that's the case. So okay Nick you made a motion? MEMBER PLANAMENTO : I did offer a motion, yes. CHAIRPERSON WEISMAN : So there's a motion, any second. MEMBER ACAMPORA : Second. CHAIRPERSON WEISMAN : Seconded by Member Acampora. Kim call the roll please. BOARD SECRETARY : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. BOARD SECRETARY : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD SECRETARY : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. BOARD SECRETARY : Member Lehnert votes aye. Member Planamento how do you vote? 12 ZBA Special Meeting May 20, 2021 MEMBER LEHNERT : Aye. BOARD SECRETARY : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD SECRETARY : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : The motion carries unanimously. We have #7490 Joseph and Barbara Orlando additions and alterations to a single family dwelling. Eric can you review this for us please. MEMBER DANTES : This is an application where they have an accessory garage and they're applying to attach the accessory garage to the house and convert it into a bedroom. Accessory garage is about 7 %feet from the property line according to the survey and they are maintaining that accessory setback. It's a private road and the change to the character of the neighborhood is minimal. CHAIRPERSON WEISMAN :Yeah really small addition.The real trick here was that the relief in the Notice of Disapproval and on the site plan the architect prepared said 5 feet and the bottom line is the survey it was actually drawn slightly differently right? Instead of it being like that it was more like this and so I think we're right that we should go by the survey. In this case then we have to grant the relief as alternative relief cause the Notice was 5 feet. I think that's going to no way penalize anybody it's just going to clarify the error. I don't know that we talked about did we talk about that at the hearing, does anybody remember? MEMBER DANTES : No it didn't come up but it's in the record because the survey is part of the record. CHAIRPERSON WEISMAN : Exactly but I wish we had caught it then because the architect would have said oops probably but never mind that didn't happen. We'll hear back from the architect no doubt if in fact because that stamp that license it also just as valid as the surveyors but surveys tend to be more accurate. Mostly architects take their site plans from surveys so I think we're doing the right thing here. Alright so you made a motion Eric? MEMBER DANTES : Yep. CHAIRPERSON WEISMAN : The only condition is just to resubmit plans showing the 7.6 feet. Alright any second? MEMBER ACAMPORA : Second. 13 s ZBA Special Meeting May 20, 2021 CHAIRPERSON WEISMAN : Seconded by Member Acampora. Kim call the roll please. BOARD SECRETARY : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. BOARD SECRETARY : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD SECRETARY : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. BOARD SECRETARY : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER LEHNERT : Aye. BOARD SECRETARY : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD SECRETARY : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN :The motion carries unanimously.We're now on# 7491 Catherine and Peter Melly a new dwelling with a setback of 20.2 feet where 35 is required and lot coverage of 20.68 where maximum permitted is 20%. So Rob do a walk through. MEMBER LEHNERT : It's an odd shaped property, they're proposing to put a (inaudible) and it's bordered on one side by a paper road. So that's how the front yard setback variance came into being. The house is in character of the neighborhood.They are proposing 20.68%of lot coverage over the existing 20% so this was written to deny the lot coverage and approve the front yard setback variance. CHAIRPERSON WEISMAN : I remember the applicant's agent indicating that had not been picked up on the Notice of Disapproval and are requesting that we address it. However it is so deminimus that it just does not seem unreasonable at all to suggest that that 20% lot coverage can (inaudible) very minor changes. MEMBER LEHNERT : It's a brand new house. They can change that to make it conform. There's two conditions, new site plans/architectural plans reflecting the improvements and also the covered patio shall remain unenclosed and non-habitable. CHAIRPERSON WEISMAN : Yeah reflecting the 20% lot coverage. 14 ZBA Special Meeting May 20, 2021 MEMBER LEHNERT : Correct. CHAIRPERSON WEISMAN : So are you making a motion? MEMBER PLANAMENTO : I'm sorryjust one correction, I think in Town Law V it says the difficulty has not been self-created but I believe it should say the difficulty has been self-created. MEMBER LEHNERT : Correct. CHAIRPERSON WEISMAN : Well there's a lot of eyes meaning eyeballs on all of these drafts for just that reason because we are constantly editing back and forth it's just so very easy for anyone of us or all of us until we do a final read to miss a typo. That's basically what it is. The motion is to deny the lot coverage and approve the setback. Was there a second? MEMBER DANTES : Second. CHAIRPERSON WEISMAN : Seconded by Eric. Kim call the roll please. BOARD SECRETARY : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. BOARD SECRETARY : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD SECRETARY : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. BOARD SECRETARY : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER LEHNERT :Aye. BOARD SECRETARY : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD SECRETARY : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : The motion carries unanimously. The next application is for Sticks and Stones Outdoors LLC — Ian Zuhoski #7492 additions and alterations to an existing single family dwelling with less than 40 foot front yard setback which is required by code and less than the code required side yard setback of 15 feet. This is a corner lot, Pat can you review a couple of the issues here, it's on Jockey Creek isn't it, yes. 15 ZBA Special Meeting May 20, 2021 MEMER ACAMPORA : It's on Jockey Creek yes, it's on the corner of Oaklawn and Wells.This is an existing single family dwelling. They're proposing to make additions to it and they are demolishing the current two car garage and will be actually attaching the garage to the home so that will actually cut down on the number of percentage that the coverage for the home. This piece of property does abut Jockey Creek and is subject to approval of the NYS Department of Conservation along with the Southold Board of Trustees. The applicant did apply also for a swimming pool that is proposed to code so that is not part of this application. Additionally a Stop Work Order was issued in March by the Building Department for no permit to cut into the foundation and install a window. That matter was resolved. So I make a motion to grant the variances as applied for subject to the following conditions that approval is necessary from the Town Board of Trustees and the NYS D.E.C. for the wetlands and bulkhead repairs that is needed on the property and the applicant shall have the Suffolk County Department of Health approval for a new septic system to be installed because MEMBER PLANAMENTO : Do you want to say an IA system? MEMBER ACAMPORA : You know what, it's not a new build so I was a little concerned about putting an IA system because basically the additions aren't that much. MEMBER PLANAMENTO : They're not changing the bedroom count. CHAIRPERSON WEISMAN : That's right, I don't think we're within our reasonable jurisdiction to require that in this instance because the Department of Health will make them do it if it's necessary. It's on water property and July 1St that's going to be required by everybody but that's new construction so I guess if a system fails or is failing or cannot be considered to be you know fully functional then they're within their rights to require the removal abandonment and the installation of another one but in this instance I think that's the right way. MEMBER ACAMPORA : The third condition was that prior to receiving the building permit the owners of the property must sign a statement acknowledging that they've read our determination and understands the limits of the variance relief and that the applicants will also immediately contact the Building Department if it turns out to be a demolition as defined in the town code and the applicants are aware that the Zoning Board of Appeals retains jurisdiction until the issuance of the C of 0. CHAIRPERSON WEISMAN :That's a very good condition that we added where there is substantial additions and alterations because it really helps the property owner understand how to comply with the law and you know what they need to do because more often than not more often than you like to think you start new construction on an old building and it winds up by code definition a demolition. So at least this way they know what they have to do if that happens. So Pat made a motion I'll second it. Call the roll please Kim. 16 ZBA Special Meeting May 20, 2021 BOARD SECRETARY : Member Acampora how do you vote? MEMBER ACAMPORA : I vote aye. BOARD SECRETARY : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD SECRETARY : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. BOARD SECRETARY : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER LEHNERT : Aye. BOARD SECRETARY : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD SECRETARY : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN :The motion carries unanimously.The last draft before us is for Stacy Isaacs and Steven Isaacs #7504SE, this is the Harvest Inn B&B. Pat I'll do this one. This is a renewal by new owners of an existing Special Exception permit for a bed and breakfast that has been successfully operating from some time but as the new owner occupant was about to run this particular B&B they had to prove to the Board that they are indeed the owners, that they occupy it as their principal dwelling and so on. So we had to just look at the standards and they submitted everything that we required to verify that they are indeed the owner of this property and that they intend to run this as a B&B. There were no changes, let me see how many bedrooms were they applying here for it was four (4) wasn't it? MEMBER ACAMPORA : Five (5) CHAIRPERSON WEISMAN : I'm sorry five (5) bedrooms right I remember. MEMBER PLANAMENTO : It's a large house. CHAIRPERSON WEISMAN : Yeah it's very, very big. I remember the prior was four (4) because there were siblings or a daughter in the okay they needed their own bedroom. So this is for a Special Exception permit with no changes other than to become conforming to the requirement that what was in the basement no longer be habitable space and Rob I think you inspected on behalf of the Board. 17 ZBA Special Meeting May 20, 2021 MEMBER LEHNERT : Yes CHAIRPERSON WEISMAN : There was photographs and it was fine they're in conformance. The Building Department is happy with it so they're good to go it's everything that we need here. So Pat you want to make the motion to grant? MEMBER ACAMPORA : I make a motion to grant the application as applied for. CHAIRPERSON WEISMAN : Five (5) bedroom B&B. Okay I'll second it. Kim call the roll please. BOARD SECRETARY : Member Acampora how do you vote? MEMBER ACAMPORA : I vote aye. BOARD SECRETARY : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD SECRETARY : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. BOARD SECRETARY : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER LEHNERT : Aye. BOARD SECRETARY : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD SECRETARY : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : The motion carries unanimously. That concludes our decisions that we have in front of us for this evening. I think we already approved because we had a little time in the beginning the resolutions for the next meeting on June 3,d and we approved the Minutes so unless the Board Members have anything else I am prepared to make a motion to close the meeting. MEMBER DANTES : I second that. CHAIRPERSON WEISMAN : Raise your hands if you votes yes. Let the record show that all hands are raised. Good night everyone. 18 ZBA Special Meeting May 20, 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 May 20, 2021. Signature : Elizabeth Sakarellos DATE : May 26, 2021 19