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Home My WebLink AboutZBA-05/06/2021 BOARD MEMBERS so Southold Town Hall Leslie Kanes Weisman,Chairperson ® 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes ® �� Town Annex/First Floor, Robert Lehnert,Jr. ®l� 54375 Main Road(at Youngs Avenue) Nicholas Planamento COUSouthold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 MINUTES REGULAR MEETING THURSDAY, MAY 69 2021 Due to public health and safety concerns related to COVID-19, and in accordance with the Governor's Executive Order 202.1,the May 6, 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 8:35 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). 71C�X EXECUTIVE SESSION: 8:35 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 Lehnert. This Resolution was duly adopted (5-0). 10:24 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 LehnertThis Resolution was duly adopted (5-0). Page 2—MINUTES Regular Meeting held May 6, 2021 Southold Town Zoning Board of Appeals WORK SESSION: 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): Charles Schwab and Tammy Schwab #7486 Petra and Vincent Benic#7487SE William A. Prydatko, Jane Marie Prydatko, Et Al #7488 Argyris Dellaportas #7489SE Joseph and Barbara Orlando #7490 Catherine and Peter Melly #7491 Sticks & Stones Outdoors—Ian Zuhoski#7492 - Leon Petroleum LLC (BP Mattituck)#7493 Leon Petroleum LLC (BP Peconic) #7494 Harvest Inn—Stacy and Steven Isaacs #7504SE Vote of the Board: All. This resolution was duly adopted (4-0). (Member Planamento not present) DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: SPECIAL EXCEPTION GRANTED AS APPLIED WITH CONDITIONS SUFFOLK COUNTY ENERGY STORAGE II, LLC #7463 SE Vote of the Board: All. This resolution was duly adopted (4-0). (Member Planamento not resent Page 3—MINUTES Regular Meeting held May 6, 2021 Southold Town Zoning Board of Appeals PUBLIC HEARINGS: 10:42 A.M. - KONSTANTINOS DIAKOVASILIS #7465SE — (Adjourned from April 1, 2021) By Anthony Portillo, Representative. 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 HEARING to May 20, 2021. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:55 A.M. - CHARLES SCHWAB AND TAMMY SCHWAB #7486 — By Charles Schwab, Owner. Request for a Variance from Article III, Section 280-15; and the Building Inspector's February 16, 2021 Notice of Disapproval based on an application for a permit to construct an accessory garage; at 1) located in other than the code permitted rear yard; located at: 4370 No. Bayview Road, Southold,NY. SCTM No. 1000-79-2-4.3. 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 (4-0) (Member Planamento not present). 11:06 A.M. - PETRA AND VINCENT BENIC #74875E — By Patricia Moore, Attorney. 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 storage structure; at: 1375 Pine Neck Road, Southold,NY. SCTM#1000-70-5- 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 AND RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0) (Member Planamento not present). 11:19 A.M. - WILLIAM A. PRYDATKO, JANE MARIE PRYDATKO, ET AL #7488 — By Patricia Moore, Attorney. Opposition from Randal Fairhurst and Jordan Arnold, Neighbors. Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector's December 22,2020,Amended January 19,2021 Notice of Disapproval based on an application for a permit to construct a single family dwelling and an accessory in-ground swimming pool ; at 1) proposed dwelling is located less than the code required front yard setback of 40 feet 2) proposed swimming pool located in other than the code permitted rear yard; located at: 230 Wiggins Lane, Greenport,NY. SCTM No. 1000-35-4-28.41. 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 dulyadopted (5-0) 11:56 A.M. - ARGYRIS DELLAPORTAS #74895E—By Patricia Moore, Attorney and Argyris Dellaporta,Owner. Applicant requests a Special Exception under Article III Section 280-13B(14). The Applicant is the owner requesting authorization to establish an Accessory Bed and Breakfast, accessory and incidental to the residential occupancy in this single-family dwelling, with four (4) bedrooms for lodging and serving of breakfast to the B&B casual, transient roomers. Located at: Page 4—MINUTES Regular Meeting held May 6, 2021 Southold Town Zoning Board of Appeals 9625 Route 25, East Marion, NY. SCTM#1000-31-3-21. 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) 12:15 P.M. - JOSEPH AND BARBARA ORLANDO #7490 — By Elizabeth Thompson, Representative. Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector's February 25, 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 side yard setback of 10 feet; located at: 900 Goose Creek Lane, (Adj. to Goose Creek) Southold,NY. SCTM No. 1000-78-8-2. 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 AND RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0) 12:20 P.M. - CATHERINE AND PETER MELLY #7491 — by Eileen Wingate, Representative and Cathy Melly, Owner. Request for Variances from Article XXIII, Section 280-124; and the Building Inspector's February 5, 2021 Notice of Disapproval based on an application for a permit to construct a new single family dwelling; at 1) 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: 1375 Sterling Road, Cutchogue, NY. SCTM No. 1000-104-2-24. 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) 12:29 P.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). 1:03 P.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes to reconvene the public hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted (5.OZ PUBLIC HEARINGS: Continued 1:05 P.M. - STICKS &STONES OUTDOORS—IAN ZUHOSKI#7492—By Ian Zuhoski Owner, and Tyler Danowski,Representative. Request for Variances from Article XXIII, Section 280-124; and the Building Inspector's March 1, 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 40 feet; 2) located less than the code required minimum side yard setback of 15 feet; located at: 3995 Wells Avenue (Adj. to Jockey Creek), Southold, NY. SCTM No. 1000-70-4-1. 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) Page 5—MINUTES Regular Meeting held May 6, 2021 Southold Town Zoning Board of Appeals 1:22 P.M. LEON PETROLEUM LLC (BP Mattituck) #7493 — By Christina Bravin, Representative. Request for Variances from Article XIX, Section 280-851)(7) and Section 280- 87A; and the Building Inspector's March 1, 2021 Notice of Disapproval based on an application for a permit to replace three (3) existing roof signs and one (1) existing freestanding sign; at 1) four (4) signs proposed to be internally lit, which is not permitted; a sign may only be lit from an external source; 2) freestanding sign is more than the maximum size permitted of 24 sq. ft. feet in area; 3) freestanding sign is more than the maximum height permitted of 15 feet above the ground; located at: 16900 NYS Route 25, Mattituck, NY. SCTM No. 1000-115-3-9. 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 HEARING to May 20, 2021. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0) 1:22 P.M. - LEON PETROLEUM LLC (BP Peconic) #7494 — By Christina Bravin, Representative. Request for Variances from Article XIX, Section 280-85D(7) and Section 280- 87A; and the Building Inspector's March 1, 2021 Notice of Disapproval based on an application for a permit to replace three (3) existing roof signs and one (1) existing freestanding sign; at 1) four (4) signs proposed to be internally lit, which is not permitted; a sign may only be lit from an external source; 2) freestanding sign is more than the maximum size permitted 24 sq. ft. feet in area; 3) freestanding sign is more than the maximum height permitted 15 feet above the ground; located at: 32400 County Road 48, Peconic, NY. SCTM No. 1000-74-4-7.1. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento to ADJOURN HEARING to May 20 2021. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0) 1:51 P.M. -HARVEST INN—STACY AND STEVEN ISAACS #7504SE—By Stacey Isaacs and Steven Isaacs, Owners. Applicants request a Special Exception under Article III Section 280- 13B(14). The Applicants are the owners requesting authorization to establish an Accessory Bed and Breakfast,accessory and incidental to the residential occupancy in this single-family dwelling, with five (5) bedrooms for lodging and serving of breakfast to the B&B casual, transient roomers; located at 40300 Main Road, Peconic, NY. SCTM No. 1000-86-4-1.4. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Acampora to CLOSE HEARING AND RESERVE DECISION. 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 Acampora to set the next Regular Meeting with Public Hearings to be held on Thursday, June 3, 2021, at 9:00 AM. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 6—MINUTES Regular Meeting held May 6, 2021 Southold Town Zoning Board of Appeals RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Planamento to approve Minutes from Special Meeting held April 15, 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 2:13 P.M. Respect -lily sub itte l .- Kim E. Fuentes S /0,1 /2021 Board Assistant Included by Reference: Filed ZBA Decisions (1) r es ie Kanes Weisman, Chairperson �� /2021 Approved for Filing Resolution Adopted RECEIVED kAY 2 5h 20211I So hold Town Clerk