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HomeMy WebLinkAboutZBA-06/17/2021 Hearing ZBA Special Meeting June 17, 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 June 17, 2021 5:08 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 June 17, 2021 CHAIRPERSON WEISMAN : Good evening everybody and welcome to the Zoning Board of Appeals Special Meeting for Thursday, June 17th. This Special Meeting will be held virtually via the Zoon on-line 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. In other words we're here tonight for the Board to deliberate on drafts decisions.The first item on the Agenda is a Work Session, does anybody have anything they want to add to the agenda? Okay we have a possible resolution to close the following hearings, Vincent Bertault #7467 and Vincent Bertault #7468SE. I'd like to make the following comments about these two applications, I'll start with the fact that we got a lot of comments at the public hearing about the fact that there had been many changes and it was not clear to the public what it is they were exactly looking at and we promised that we would get in touch with Gary O'Connor the architect and make sure that we had the most current records in our file and we have done that. If anyone is interested you go to the pending applications go to Bertault and there is a June 4th folder under that which is one day after the last public hearing. Things were sent in to their sanitary, the driveway section, approved HPC and so on. The most recent June 11th exhibits A, B and C, on June 101h the Board received from the applicant's architect and the applicant the attorney a modified floor plan for the proposed accessory apartment. This now consists of one story a first floor apartment however the garage we have to have the livable floor area confirmed by the Building Department but it continues to include a garage and the required elevated driveway into that garage but that's available for everybody to look at. Thirdly, we received many, many letters of support many sorry opposition from neighbors and most of them came in well we got twelve within the last moment between the public hearing and yesterday. So we are scanning them, they will all be in that updated file but we have not managed to finish scanning all of them in yet but we will be doing that very soon. We also went out to the property again and we took a look at what was going on, on the site and we asked the Town Engineer to look at this property with us. I rechecked the records we had staff recheck the records and although there is a drainage plan by Condon Engineering in the Building Department's file there is nothing that has a stamp of approval or a signature of approval by the Building Department on that plan. What we do have is an email from former Plans Inspector Damon Rallis to Gary O'Connor indicating that he's sorry that he forgot to tell him the plan was approved but there's nothing in their records that show a stamped approved plan. Finally, we also checked the Building Department records to see what permits are currently in place for any work being done on the site, there are many, many permits for this property but all of them are expired except one and that only active permit that's on file is for the relocation of the existing barn and shed. That permit is in place so the shed is now the proposed cabana. We were also informed that the site plan that says pool should say proposed pool because there is no permit for a pool in place. It is a proposed pool. So there's only this one active permit, there's nothing 2 ZBA Special Meeting June 17, 2021 for the house and there's nothing for the pool. Finally, we received a request from the Historic Preservation Commission to hold this hearing open. The Chair of that committee has written to the Board of Appeals,they are looking into what the Building Department and the Town Engineer the relationship of what's going on on this site to the existing Certificate sort of paraphrasing from the letter we have from Mariella Ostrosky who is the Chair of the HPC. The HPC wants to look into the construction with the Building Department and Town Engineer in its relationship to the existing Certificate of Appropriateness that was issued in 2014 by the HPC. So as a related town agency and we did receive a number of comments also from HPC those will be very soon in our file if they're not already. Does anybody on the Board want to add anything to this? MEMBER PLANAMENTO : No other than I think we need to hear from the HPC. There was the 2014 Zoning Board of Appels variance for granted relief along with their decision and it would seem that those plans that were signed and stamped do not match what is actually on site. CHAIRPERSON WEISMAN : Right. We did also look into the elevation and the walls that are being put in retaining walls and so on but HPC needs to take a look at that relative to their Certificate of Appropriateness. They are a related agency, we always honor requests from Planning Board, Trustees or Historic Preservation Commission so based upon that I'm going to make a motion to adjourn this hearing without a date subject to further comments from HPC and then once we get those comments we will either close the hearing or we will schedule an additional hearing that will allow the community to have some access some time and also the counsel for the applicant. I'm not sure that they received every one of those letters, they have a right to see everything of course and to make written comments if they wish and so based upon all of those variables I've just made a motion to adjourn without a date subject to the HPC comments and (inaudible) move it further. MEMBER PLANAMENTO : Leslie to be clear the motion is for both applications #7467 and #7468SE. CHAIRPERSON WEISMAN : Yes correct. It's better to have both those numbers in the record. We were sort of deliberating on both of them as to what to do. Alright so there's a motion, is there second? MEMBER DANTES : I'll second it. CHAIRPERSON WEISMAN : Seconded by Member Dantes. Kim would you call the roll please. BOARD ASSISTANT : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye. Member Dantes how do you vote? 3 ZBA Special Meeting June 17, 2021 MEMBER DANTES : Aye. BOARD ASSISTANT : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. BOARD ASSISTANT : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD ASSISTANT : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARS ASSISTANT : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : The motion carries unanimously. We will be in touch with the applicant when this is rescheduled if we have to have another public hearing it will be noticed again so the public will be aware of it. That information will be on our Agendas as well. Let's get on to the next matter. MEMBER PLANAMENTO : Leslie just as a reminder, for those attending the Zoom conference right now of the Zoom meeting, if you're here for that application there's no further dialogue relative to it. There's like twenty seven attendees I guess so I don't know I just wanted to remind people that there won't be any discussion beyond this point. CHAIRPERSON WEISMAN : Right but certainly because it's open if anyone wished to submit anything in writing I think it's fine. We just don't discuss anything other than draft decisions.This meeting is just to listen to the Board deliberate. MEMBER PLANAMENTO : Right and I was just commenting just to the fact that we've got hearings that we're going to be deliberating on that have nothing to do with that so if they wanted to leave they can. We did invite them but there's no reason for them to continue to hang out. CHAIRPERSON WEISMAN : If you're dying to hear what we've decided on all these other decisions stay and you're more than welcomed to do so. Everybody got their drafts out? The next application before the Board is for Konstantinos Diakovasilis #7465SE, everybody get that draft out. Rob would you review some of the salient things that are in here. So this is for just so we're clear MEMBER LEHNERT : An accessory apartment in an accessory structure. After multiple hearings we've gone over this, Building Inspector found some things that were remedied, remediated and we're making a motion to grant this with the following conditions the usual annual renewal 4 ZBA Special Meeting June 17, 2021 permit, can't be transferred but the important ones here are, the applicant must remove the large shed at the rear of the property and move the smaller shed to a conforming location. The applicant must remove the glass windows in the rear dormers on the second floor storage room and they must put continuous row of evergreen screening a minimum of six (6) feet high along the westerly property line and extending a minimum of ten (10) feet beyond the west side of the accessory garage. CHAIRPERSON WEISMAN : And they are now in compliance with a one floor apartment on the ground level, a pull down staircase to the second floor storage area and in conformance with the minimum to maximum required code permitted livable floor area. It took us a while to get there and those conditions are to mitigate impacts on neighbors basically. Okay you want to make a motion Rob? MEMBER LEHNERT : I make a motion to grant the Special Exception subject to the following conditions. CHAIRPERSON WEISMAN : Is there a second from anybody? MEMBER ACAMPORA : I'll second. CHAIRPERSON WEISMAN : Member Acampora seconds it. Kim call the roll please. BOARD ASSISTANT : Member Acampora how do you vote? MEMBER ACAMPORA :Aye. BOARD ASSISTANT : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD ASSISTANT : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. BOARD ASSISTANT : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD ASSISTANT : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARS ASSISTANT : Chairperson Weisman votes aye. 5 ZBA Special Meeting June 17, 2021 CHAIRPERSON WEISMAN : The motion carries unanimously. The next one is for Heather Lanza #7500. This for more or less a technical variance conforming rear yard attached deck addition has now placed a conforming previously conforming accessory garage in a rear yard partially in a side yard. Is there anything you want to say about,.this? MEMBER ACAMPORA : Basically this is replacing an older attached 7 foot deep wooden deck to a larger more functional 16 foot deck and as you said this was strictly a technical move which by making the deck larger puts the garage in a non-conforming area. So I make a motion to grant the variance as applied for with the condition that the deck shall remain open to the sky. CHAIRPERSON WEISMAN : Thank you Pat I'll second it. MEMBER PLANAMENTO : I just wanted to ask about the deck condition so I'm sorry. I'm totally confused (inaudible) this application was cause the garage is in a side yard now where it's supposed to be in rear yard.The deck I mean it's attached to the house so if and when they want to put a cover on it or expand the house I don't see why we would limit them. It has to do with the garage. I think people are entitled to expand their house. CHAIRPERSON WEISMAN :Actually that's a valid point.They would still have to come back before us because it would still be an additional degree of non-conformity for the garage. So in a sense that's true this is a standard deck condition. MEMBER PLANAMENTO : I don't disagree but because of the unique situation it's not (inaudible) I wouldn't have a condition. CHAIRPERSON WEISMAN : Let's eliminate it, is that alright with,you Pat? MEMBER ACAMPORA : That's fine. CHAIRPERSON WEISMAN : I'll second it. It's kind of a boiler plate condition but you're right, in this case it's not the deck that's the subject of the variance and'the garage has a C.O. MEMBER ACAMPORA : The deck will not be seen from the front yard or even the side yard it's a large piece of property and very well MEMBER PLANAMENTO : It's a beautiful piece of property. MEMBER ACAMPORA : Beautiful property you know covered with beautiful greens and bushes. CHAIRPERSON WEISMAN : So we have a motion and a second and Kim call the roll. BOARD ASSISTANT : Member Acampora how do you vote? 6 ZBA Special Meeting June 17, 2021 MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD ASSISTANT : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT :Aye. BOARD ASSISTANT : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD ASSISTANT : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN :Aye. BOARS ASSISTANT : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN :The motion carries unanimously.The next draftis for William and Joellen Ahmuty #7495, another deck, so this is side yard setbacks. MEMBER LEHNERT : They're just putting a deck at the rear of the house consistent with the existing setbacks of the house and they're expanding it so they're bringing the coverage to 22.8% instead of the 20%that's allowable. CHAIRPERSON WEISMAN : Did we get some no I guess we didn't get priors on this. This is a situation that the deck remaining open to the sky is appropriate. MEMBER LEHNERT : Yes absolutely. CHAIRPERSON WEISMAN :They're also going to need Trustees approval. MEMBER LEHNERT : Yeah they have a little corner that hits the water. CHAIRPERSON WEISMAN : Yeah just a little bit. Okay you want to make a motion Rob? MEMBER LEHNERT : I make a motion to grant the variance as applied for. CHAIRPERSON WEISMAN : Is there a second? MEMBER DANTES : Second. CHAIRPERSON WEISMAN : Eric seconded it. Kim call the roll please. 7 ZBA Special Meeting June 17, 2021 BOARD ASSISTANT : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD ASSISTANT : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. BOARD ASSISTANT : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD ASSISTANT : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARS ASSISTANT : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : The motion carries unanimously. The next draft is for file #7499 Petros and Penny Tsekouras.This is to install a swimming pool in a side yard where the code requires that all accessory structures be located in the rear yard unless it's on waterfront property. They have the weirdest shaped lot, unimaginable. MEMBER LEHNERT : And they're on waterfront. CHAIRPERSON WEISMAN : Yeah but the front yard is full of the'existing sanitary system. MEMBER LEHNERT : And the pool is actually in the rear of the house. CHAIRPERSON WEISMAN :Yeah the architectural rear yard plus it's hundreds of it's like a hundred some feet from the Main Rd. and MEMBER LEHNERT : You can't see it if you tried. CHAIRPERSON WEISMAN :This is incredibly benign.Anything else anybody want to say about this draft or comments or questions or? I mean they're so burdened by the shape of that lot and it's huge too.Alright, I'll make the motion to grant the application as applied for subject to conditions that the pool mechanicals be placed in a sound deadening enclosure and dry wells for pool de- watering be installed. Is there a second? MEMBER ACAMPORA : Second. 8 ZBA Special Meeting June 17, 2021 CHAIRPERSON WEISMAN : Seconded by Member Acampora, call the roll please Kim BOARD ASSISTANT : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD ASSISTANT : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. BOARD ASSISTANT : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD ASSISTANT : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARS ASSISTANT : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : The motion carries unanimously. The next one is for #7496 F. 1. Weathervane Enterprises, LLC on Fishers Island. This is for a lot line change, supported by the Planning Board that will then have to deal with this.That's goingto need Town of Southold Planning Board approval cause it's a re-subdivision. Pat what's the reason for this request? MEMBER ACAMPORA :Well the reason is that originally the line separating the lots was a straight line. However one of the residences part of their garden and there is a brick wall goes onto the other property. So this again is you know cleaning up and making the lot proper so that there's not an invasion to the other piece of property. CHAIRPERSON WEISMAN : It's really not changing the degree of non-conformity. MEMBER ACAMPORA : Not changing the exchange that they're making equals out to basically what the property sizes were before. CHAIRPERSON WEISMAN : Pat you want to make the motion? MEMBER ACAMPORA : I make the motion to approve as applied for. CHAIRPERSON WEISMAN : Is there a second? 9 ZBA Special Meeting June 17, 2021 MEMBER LEHNERT : Second. CHAIRPERSON WEISMAN : Seconded by Member Lehnert. Kim call the roll please. BOARD ASSISTANT : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD ASSISTANT : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. BOARD ASSISTANT : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD ASSISTANT : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARS ASSISTANT : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : The motion carries unanimously. The next one is for #7497 Claudia King Ramone. This is in the historic district of Orient on Village Lane. This alterations and additions for the renovation and restoration of existing single family residence that already has the approval from the Historic Preservation Commission. Nick tell us what exactly (inaudible) variances involve. MEMBER PLANAMENTO : Sure, this is a very small home built in I supposed the late eighteenth century. It's right at the entrance to Village Lane off of Main Rd. it's a very small lot a very small house. From a history standpoint back in 2010 they had a much more ambitious plan that was denied by the HPC and I guess out of that experience they scaled back. They want to preserve this house which of course is historic to the community and they propose converting approximately 107 sq.ft. a 7 X 21 foot exterior rear porch into habitable living space and squaring off the back end of the house at the west side by adding an additional 66 sq. ft. to upgrade the house to make it more habitable by today's standards. The existing house already has a rear yard setback of 21 feet. They propose to maintain that 21 feet. However the lot coverage is excessive it's greater than the allowable 20, they propose an increase from 25.35% to 26.72% approximately 1.37% larger because of that addition of the 66 sq. ft. It's relatively benign, the 10 ZBA Special Meeting June 17, 2021 house is in need of restoration. The applicant is aware of our code that should this become a demolition etc. there are other potential issues that may come up but their goal is to preserve what's there to clean it up and to restore it to meet their family's needs. CHAIRPERSON WEISMAN : Good summary. So the proposal is to grant the variance as applied for. MEMBER PLANAMENTO :Agreed,there are demolition conditions which are standard to anyone that's doing this type of work so we just ask that they stop any work before they move on should this be discovered as a demolition versus basically alterations and additions. So I'd like to make a motion that we approve as requested. CHAIRPERSON WEISMAN : Okay I'll second it. Call the roll please Kim. BOARD ASSISTANT : Member Acampora how do you vote? MEMBER ACAMPORA :Aye. BOARD ASSISTANT : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD ASSISTANT : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT: Aye. BOARD ASSISTANT : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD ASSISTANT : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARS ASSISTANT : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : The motion carries unanimously. The next application is for Cecilia Ott and Endre Meszaros #7510. This is legalizing an as built shed and as built spa/hot tub in a side yard, non-conforming. Eric what's the specifics on this one? MEMBER DANTES : Basically this was a small hot tub and a shed in a side yard. It's on a lightly traveled road and it's behind the fence and so it's nowhere near the neighbor's house, it doesn't really affect the character of the neighborhood. Yes they have code conforming alternatives but in a lot of ways it's kind of a benign request and they can it has some evergreen screening that they can maintain. So I make the motion to grant as applied for. 11 ZBA Special Meeting June 17, 2021 CHAIRPERSON WEISMAN : Let me just mention a couple of conditions here,just maintaining that very important evergreen screening that shields the shed. The,shed actually shields the hot tub from any view. If they ever get demolished or replaced they have to be put in a code conforming rear yard I think that's important.This is a situation where it was not legal,we have new owners, they're before the Board to legalize things and it's a very benign place and it would be cost prohibitive to move it really. They have to get a C.O. from the Building Department for the as built improvements. MEMBER ACAMPORA : But it has on there also that they can't use it until they get the C.O. and you know I think that's being a little restrictive to them. CHAIRPERSON WEISMAN : It's kind of standard because you know it depends a lot on what it is frankly I'm willing to strike that condition in this situation. It's'going to take a while to get that C.O. and why shouldn't the homeowner enjoy what they're already enjoying anyway just trying to legalize which is storage and a hot tub. MEMBER ACAMPORA : They came forward to do what the previous owner should have done as new owners just trying to make things right. CHAIRPERSON WEISMAN : So let's strike that condition. BOARD ASSISTANT : Is that number five? CHAIRPERSON WEISMAN : Yep that's number five. Alright so Eric made the motion, did we have a second I can't remember? MEMBER ACAMPORA : I'll second it. CHAIRPERSON WEISMAN : Member Acampora seconded it. Kim'call the roll please. BOARD ASSISTANT : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD ASSISTANT : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. BOARD ASSISTANT : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. 12 ZBA Special Meeting June 17, 2021 BOARD ASSISTANT : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARS ASSISTANT : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN :The motion carries unanimously.The next one is for David Rohde #7503. This is for an accessory generator in a side yard. It's a tiny I mean what is it, 11 sq. ft. or something. MEMBER LEHNERT : Yea it's totally benign. It's in the side yard it's the easiest access to his LP tank and the meter. CHAIRPERSON WEISMAN : Also there's a letter of support from the adjacent neighbor that's affected. MEMBER LEHNERT :Correct, so this was written up to grant the variance as applied for. CHAIRPERSON WEISMAN : Any comments or questions on this by anybody? It's pretty straightforward. Okay, you want to make the motion? MEMBER LEHNERT : I make the motion to grant the variance. CHAIRPERSON WEISMAN : I'll second it. Kim call the roll please. BOARD ASSISTANT : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD ASSISTANT : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. BOARD ASSISTANT : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD ASSISTANT : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARS ASSISTANT : Chairperson Weisman votes aye. 13 ZBA Special Meeting June 17, 2021 CHAIRPERSON WEISMAN : The motion carries. The next ,application is #7506 Peter TOrkelSen. This is an as built deck addition on the rear of the dwelling. Oh no I'm wrong wait a minute oh no I'm right, they have the building permit for the second story. MEMBER ACAMPORA :They did and they also had mentioned in there that there was a proposed wooden deck but the proposed wooden deck was built and now, it's an as built and the applicant just wishes to legalize the "as built" deck. CHAIRPERSON WEISMAN : It's because of the rear yard setback, the deck is at 28 feet 4 inches the code requires a minimum of 35 feet. You can't really see it from any place. MEMBER ACAMPORA : You can't see it no. CHAIRPERSON WEISMAN : I have a note in this though that we need the updated site plan for the as built deck showing setback. BOARD ASSISTANT : We received that dated June 101h CHAIRPERSON WEISMAN : Okay so can we be sure that that's what we quote in the BOARD ASSISTANT :Yes I have it in my copy. CHAIRPERSON WEISMAN : on the draft? BOARD ASSISTANT :Yes. CHAIRPERSON WEISMAN : Good. Other than that there's no changes. Okay we have a motion MEMBER ACAMPORA :There are some conditions though. Even though we had mentioned in the previous two cases ago about the as built improvements shall not be used until a C.O. is issued, I think here again it's the summertime, it's attached to the house, it's been there so I think we need to strike that. CHAIRPERSON WEISMAN : Okay I'm willing to do that, is everybody okay with that? MEMBER LEHNERT : Yes. MEMBER ACAMPORA : Shall remain open to the sky and of course you know they must apply to the Building Department and obtain a C.O. for the as built deck. CHAIRPERSON WEISMAN : So Pat did you make a motion? MEMBER ACAMPORA : No, I make a motion that we grant as applied for. 14 ZBA Special Meeting June 17, 2021 CHAIRPERSON WEISMAN : Is there a second? MEMBER LEHNERT : Second. CHAIRPERSON WEISMAN : Seconded by Member Lehnert. Call the roll please Kim. BOARD ASSISTANT : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD ASSISTANT : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. BOARD ASSISTANT : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD ASSISTANT : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARS ASSISTANT : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN :The motion carries unanimously.The next one is#7514 Jonathan Babkow and Maia Rubin. This is for a tennis court in a front yard with an 8 foot fence. Eric what's the important points in this draft? MEMBER DANTES :This is for an existing tennis court that is in it's a waterfront property so town code allows you to put tennis courts in a front yard location on waterfront lots. There was an existing 8 foot high fence that was there and they're replacing that 8 foot high fence in kind. As the tennis fence is accessory to the tennis court it gives grounds to approve the variance, you can't see it from the street so it meets the character of the neighborhood. I make the motion to grant as applied for. CHAIRPERSON WEISMAN : Okay is there a second? MEMBER PLANAMENTO : Second. CHAIRPERSON WEISMAN : Call the roll please Kim. 15 ZBA Special Meeting June 17, 2021 BOARD ASSISTANT : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye. Member Da,ntes how do you vote? MEMBER DANTES :Aye. BOARD ASSISTANT : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. BOARD ASSISTANT : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD ASSISTANT : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN :Aye. BOARS ASSISTANT : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN :The motion carries unanimously.The last draft this evening is#7515 Marcella and Shelley Dzama on Koke Dr. in Southold,again another one of these corner lot situations. In-ground swimming pool in a side yard where the,code requires that it be in a rear yard and legalize an accessory greenhouse in the front yard where the code requires them to also be in the rear yard. Eric again tell us what that road and that situation looks like. MEMBER DANTES : They do have a code conforming location for both the house and the pool and the greenhouse they can use but we look at the map the pool is tucked behind the corners of the house to make it as less visible from anywhere in the neighborhood as they possibly could. They're doing everything they can to meet the character (inaudible) for the swimming pool and the greenhouse is just a benign structure that you can see through and just use it to grow plants. The non-conforming front yard on Koke Dr. it's a private road, it's not heavily traveled and I would make the motion to approve the request as applied for. CHAIRPERSON WEISMAN : Okay we have a motion to grant the variances, is there a second? MEMBER ACAMPORA : I'll second. CHAIRPERSON WEISMAN : Kim call the roll please. BOARD ASSISTANT : Member Acampora how do you vote? 16 ZBA Special Meeting June 17, 2021 MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD ASSISTANT : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT :Aye. BOARD ASSISTANT : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD ASSISTANT : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARS ASSISTANT : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN :The motion carries. Kim I'll come in tomorrow and sign these decisions have them printed on letterhead and we'll send them over to file with the Town Clerk and Liz will send them out to all the applicants. We're done with the draft decisions, we have actually three resolutions, there's two on our agenda but there's a third one which is a follow up. We had a resolution for Capt. Red, Michael Hughes to extend a time limit on a condition of approval and we approved it for a sixty day extension subject of the final text from the Town Attorney. Our Town Attorney is here and he's going to read into the record what the final text is so we can revote on the actual text that will go to the applicant and the Building Department. Bill would you kindly read that. T. A. DUFFY : Whereas the Town of Southold Zoning Board of Appeals has received a written request for an extension of the variance relief from the applicant on file #7014 for Capt. Red's Marine Sales and whereas the Board notes and the applicant acknowledges that the request for an extension has been made after the date on which the variance expired and whereas Section 280-146B requires that a written request for an extension be made prior to the expiration of the variance and whereas the applicant has requested that the applicant not be required to reapply for the expired variance relief on various grounds including but not limited to the near completion of the project, the recent expiration of the variance, delays in the supply chain due to the COVID-19 pandemic. Whereas the Board pursuant to Section 280-146B has the power to vary any regulation contained in Chapter 280 so that the spirit of the chapters observed the public safety and welfare are preserved and that substantial justice is done including the requirement that a written request for an extension must be provided prior to the expiration of 17 ZBA Special Meeting June 17, 2021 the variance and whereas the Board has determined that based upon the factors set forth above that in this instance it's necessary for the Board to vary the requirement that a written request for an extension be made prior to the expiration of a variance therefore be it resolved the Board with regard for the request of an extension of the variances granted in file #7014 elects to vary the requirement that a written request be made prior to the expiration of the variance and be it further resolved that the Board hereby grants a sixty (60) day extension of the variance relief granted in file #7014 from the date of the June 3, 2021 Regular Meeting to expire on August 3, 2021. CHAIRPERSON WEISMAN :Thank you Bill. I will make that as a Resolution. Is there a second? MEMBER LEHNERT : Second. CHAIRPERSON WEISMAN : Seconded by Member Lehnert. Kim call the roll please. BOARD ASSISTANT : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD ASSISTANT : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. BOARD ASSISTANT : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD ASSISTANT : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARS ASSISTANT : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : The final resolution is approved as read by the Town Attorney. We'll make sure that that gets put in the Minutes and that the applicant requesting this and the applicant's attorney receives a copy. We have two other resolutions, resolution to authorize advertising of hearings for the Regular Meeting to held on Thursday, July 1, 2021 which Regular Meeting will commence at 9:00 AM for Executive Session and 10:00 for the Regular Meeting so moved. Is there a second? MEMBER ACAMPORA : Second. 18 ZBA Special Meeting June 17, 2021 CHAIRPERSON WEISMAN : Call the roll please Kim. BOARD ASSISTANT : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD ASSISTANT : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. BOARD ASSISTANT : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD ASSISTANT : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN :Aye. BOARS ASSISTANT : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : The motion carries. Resolution to approve the Minutes from June 3, 2021 Regular Meeting so moved. Is there a second? MEMBER LEHNERT : Second. CHAIRPERSON WEISMAN : Call the roll please Kim. BOARD ASSISTANT : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD ASSISTANT : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. BOARD ASSISTANT : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. 19 ZBA Special Meeting June 17, 2021 BOARD ASSISTANT : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARS ASSISTANT : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : The motion carries. Okay that concludes the business of the Zoning Board of Appeals for this evening. Are there any other comments from anybody? I'm going to make a motion to close the Special Meeting. Is there a second? MEMBER DANTES : Second. CHAIRPERSON WEISMAN : Seconded by Member Dantes. All in favor raise your hands I don't think we need to call the roll on this one. Let the record show that all voted aye. Thank you all for this evening and thank you for those of you who attended. 20 I ZBA Special Meeting June 17, 2021 CERTIFICATION i 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 June 17, 2021 ! i Signature : I Elizabeth Sakarellos DATE :June 22, 2021 21