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Home My WebLink AboutZBA-06/03/2021 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson '�®� S®U,�i 53095 Main Road• P.O. Box 1179 ®I® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. • �Q 54375 Main Road(at Youngs Avenue) Nicholas Planamentol�c®uv Southold,NY 11971 9 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 MINUTES REGULAR MEETING THURSDAY, JUNE 39 2021 Due to public health and safety concerns related to COVID-19, and in accordance with the Governor's Executive Order 202.1,the June 3, 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 9:01 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: 9:01 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). 10:02 A.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora 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 June 3, 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 Planamento, 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): Heather Lanza#7500 William R. Ahmuty and Joellen Ahmuty#7495 Petros and Penny Tsekouras #7499 F. I. Weathervane Enterprise, LLC #7496 Claudia King Ramone#7497 Cecilia Ott and Endre Meszaros #7510 David Rohde #7503 Peter Torkelsen#7506 Jonathan Babkow and Maia Rubin#7514 Marcel and Shelley Dzama#7515 Vote of the Board: All. This resolution was duly adopted (5-0). DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: RELIEF DENIED LEON PETROLEUM LLC (BP Mattituck) #7493 LEON PETROLEUM LLC (BP Peconic) #7494 Vote of the Board: All. This resolution was duly adopted (5-01 RELIEF TABLED KONSTANTINOS DIAKOVASILIS #7465SE Vote of the Board: All. This resolution was duly adopted (5-0). Page 3—MINUTES Regular Meeting held June 3, 2021 Southold Town Zoning Board of Appeals PUBLIC HEARINGS: 10:20 A.M. - HEATHER LANZA #7500 — By Heather Lanza, Owner. Request for a Variance from Article III, Section 280-15; and the Building Inspector's March 19, 2021 Notice of Disapproval based on an application for a permit to reconstruct a deck addition to an existing single family dwelling; at; 1) resulting in an existing accessory garage located in other than the code permitted rear yard; located at: 2200 Yennecott Drive, Southold, NY. SCTM No. 1000-55- 4-32.1. 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 HEARING AND RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0) 10:27 A.M. - WILLIAM R. AHMUTY AND JOELLEN AHMUTY #7495 —By Patricia Moore, Attorney. Request for Variances from Article XXIII, Section 280-124; and the Building Inspector's March 5,2021 Notice of Disapproval based on an application for a permit to construct a deck addition to a single family dwelling; at 1)located less than the code required minimum side yard setback of 10 feet; 2) located less than the code required minimum combined side yard of 25 feet; 3) more than the code permitted maximum lot coverage of 20%; located at: 3405 Bay Shore Road, Greenport,NY. SCTM No. 1000-53-6-10. 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 HEARING AND RESERVE DECISION Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0) 10:44 A.M. -PETROS AND PENNY TSEKOURAS#7499—By Patricia Moore,Attorney;Petros Tsekouras, Owner. Request for a Variance from Article III, Section 280-15; and the Building Inspector's March 15,2021 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool; at 1) located in other than the code permitted rear yard; located at: 1852 North Bayview Road, (Adj.to Goose Creek) Southold,NY. SCTM No. 1000-70- 12-39.4. 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 HEARING AND RESERVE DECISION. Vote of the Board: &es: All. This Resolution was duly adopted(5-0) 10.48 A.M. - F I WEATHERVANE ENTERPRISE, LLC #7496 —By Stephen Ham, Attorney. Request for Variances from Article III, Section 280-14; and the Building Inspector's March 7, 2021 Notice of Disapproval based on an application for a permit for a lot line change; at 1) Lot 1 measuring less the minimum code required lot size of 120,000 sq. ft.; 2)Lot 2 measuring less than the minimum code required lot size of 120,000 sq. ft.; 3) Lot 1 measuring less than the code required minimum lot width of 200 feet; located at: Off East End Road,Fishers Island,NY. SCTM No. 1000-2-1-8.1 and 1000-2-1-8.2. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Acampora to CLOSE HEARING AND RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0) Page 4—MINUTES Regular Meeting held June 3, 2021 Southold Town Zoning Board of Appeals 10:53 A.M. - CLAUDIA KING RAMONE #7497 —By Martin Finnegan, Attorney. Request for Variances from Article XXIII, Section 280-124; and the Building Inspector's February 24, 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 rear yard setback of 35 feet; 2) more than the code permitted maximum lot coverage of 20%; located at: 130 Village Lane, Orient, NY. SCTM No. 1000-18-5-6. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento to CLOSE HEARING AND RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0) 10:59 A.M. - CECILIA OTT AND ENDRE MESZAROS #7510 — By Anthony Portillo, Design Professional. Request for Variances from Article III, Section 280-15; and the Building Inspector's April 6, 2021 Notice of Disapproval based on an application for a permit to legalize an as built shed and an as built hot tub; at; 1) shed is located in other than the code permitted rear yard; 2)hot tub is located in other than the code permitted rear yard; located at: 1225 Arrowhead Lane, Peconic, NY., SCTM No. 1000-98-3-8. 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 HEARING AND RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0) 11:08 A.M. - DAVID ROHDE #7503 — By David Rohde, Owner. Request for a Variance from Article III, Section 280-15; and the Building Inspector's February 22, 2021 Notice of Disapproval based on an application for a permit to install an accessory generator; at; 1) located in other than the code permitted rear yard; located at: 1615 Anchor Lane, (Adj. to Shelter Island Sound) Southold, NY. SCTM No. 1000-79-4-6.1. 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 HEARING AND RESERVE DECISION Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0) 11:24 P.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento to break for lunch. Vote of the Board: Ayes: All. This Resolution was dull adopted 5-0). 1:00 P.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora to reconvene the public hearing. Vote`of the Board: Ayes: All. This Resolution was duly adopted 5-0 . PUBLIC HEARINGS: Continued: 1:00 P.M. - PETER TORKELSEN #7506 —By Ryan Sidor, Design Professional. Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector's March 25, 2021 Notice of Disapproval based on an application for a permit to legalize an"as-built" deck addition to an existing single-family dwelling; at 1) located less than the code required rear yard setback of Page 5—MINUTES Regular Meeting held June 3, 2021 Southold Town Zoning Board of Appeals 35 feet; located at: 800 Summer Lane, Southold,NY. SCTM No. 1000-78-9-18. 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 HEARING AND RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0) 1:10 P.M. —JONATHAN BABKOW AND MAIA RUBIN#7514—By Nancy Steelman, Design Professional. Request for a Variance from Article XXIII, Section 280-105; and the Building Inspector's April 15,2021 Notice of Disapproval based on an application for a permit to construct an eight (8) feet fence surrounding a tennis court in the front yard; at; 1) more than the code required maximum four (4) feet in height when located in the front yard; located at: 360 Private Road #8, (Adj. to Dam Pond) East Marion, NY. SCTM No. 1000-23-1-18.1. 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 HEARING AND RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0) 1:20 P.M. — MARCEL AND SHELLEY DZAMA 47515- by Jenn DiValgio, Representative. Shelly Dzama and Marcel Dzama, Owners. equest for Variances from Article III, Section 280- 15; and the Building Inspector's April 19,2021 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool and to legalize an existing accessory greenhouse; at; 1) pool is located in other than the code permitted rear yard; 2) greenhouse is located in other than the code permitted rear yard;located at: 1620 Koke Drive(Adj.to Dam Pond) Southold, NY. SCTM No. 1000-87-5-19.3. 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 HEARING AND RESERVE DECISION Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0) 1:30 P.M. - VINCENT BERTAULT #7467 — (Adjourned from April 1, 2021) By Eric Bressler, Attorney,Gary O'Connor,Design Professional and Vincent Bertault,Owner. Spoke in opposition: Barbara Cohen, Tim Frost, Barbara Friedman, Reanne Brenner, Richard Gillooly, Liz Welch, Ellen McNeilly, Jeri Woodhouse, William Kanz, Lawrence Bernstein, Gidian Darangelo, Evan Lewis, Charles Dean, Marcia Sheldon, Gary Garrels, Mariella Ostroski, Richard Holdock, Stuart Edelman. Request for Variances from Article III, Section 280-15; Article XXIII, Section 280- 124; and the Building Inspector's October 22, Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling, and construct an in ground swimming pool; at 1) proposed additions located less than the code required minimum front yard setback of 35 feet; 2) the accessory swimming pool is located in other than the code permitted rear yard; located at: 95 Navy Street, Orient,NY. SCTM No. 1000-26-1-12.2. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento to ADJOURN HEARING to June 17 2021 Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0) 1:40 P.M. -VINCENT BERTAULT#74685E—(Adjourned from April 1,2021)By Eric Bressler, Attorney,Gary O'Connor,Design Professional and Vincent Bertault, Owner. Spoke in opposition: Barbara Cohen, Tim Frost, Barbara Friedman, Reanne Brenner, Richard Gillooly, Liz Welch, Page 6—MINUTES Regular Meeting held June 3, 2021 Southold Town Zoning Board of Appeals Ellen McNeilly, Jeri Woodhouse, William Kanz, Lawrence Bernstein, Gidian Darangelo, Evan Lewis, Charles Dean, Marcia Sheldon, Gary Garrels, Mariella Ostroski, Richard Holdock, Stuart Edelman. Applicant requests a Special Exception under Article III, Section 280-13B(13). The Applicant is owner of subject property requesting authorization to establish an Accessory Apartment in an existing accessory structure; at: 95 Navy Street, Orient,NY. SCTM#1000-26-1- 12.2. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento to ADJOURN HEARING to June 17, 2021. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0) RESOLUTIONS: RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Acampora to set the next Regular Meeting with Public Hearings to be held on Thursday, July 1, 2021, at 9:00 AM. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Acampora to approve Minutes from Special Meeting held May 20, 2021. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Lehnert to Grant a One Year Extension for Appeal No. 7127, dated May 17, 2018 for Kevin and Nancy Foote. Vote of the-Board: Ayes: All. This Resolution was duly adopted (5-0). RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Planamento to Grant a three-month extension of condition number 6 in the approval of Appeal No.7396,dated May 19,2020,to expire on September 3,2021,for Anthony Tartaglia and James Howell. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). RESOLUTION ADOPTED: A request was made by Michael Hughes of Captain Reds Marine Sales, requesting an extension for Appeal No. 7014 dated April 20, 2017, expired April 20, 2020. The Board of Appeals adopted the following Resolution: Pursuant to Chapter 280-146(B) (Powers and Duties of the Board of Appeals), the Board now resolves to GRANT a 60-day extension from the date of this resolution, to expire on August 3, 2021,of the variance relief granted in ZBA file no. 7014,Captain Red's Marine Sales,Inc., subject to the review and approval of the final text by the Town Attorney. A motion was offered by Chairperson Weisman, seconded by Member Dantes. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-OA. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Lehnert to Extend Determination of Variance Relief for ZBA File No. 7099 as follows: Page 7—MINUTES Regular Meeting held June 3, 2021 Southold Town Zoning Board of Appeals WHEREAS, the Town of Southold Zoning Board of Appeals ("the Board") has received a written request for an extension the variance relief from the applicant, through their attorney, on File No. 7099 for Edward and Diane Daley located at 1550 Paradise Point Road, Southold, more particularly known as Suffolk County Tax Map No. 1000-81-3-23; 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 280-146 (B) requires that a written request for an extension be made prior to the expiration of the variance, and; WHEREAS,the applicant's attorney has requested that the applicant not be required to reapply for the expired variance relief on various grounds, including but not limited to: the completion of the project,the recent expiration of the variance, a delay caused by a stop work order, delays caused by a shutdown of construction due to the COVID-19 pandemic, as well as delays caused thereafter by shortages in the supply chain due to the COVID-19 pandemic, and; WHEREAS, the Board, pursuant to Section 280-146 (B) has the power to vary any regulation contained in Chapter 280 so that the spirit of the chapter is observed,public safety and welfare preserved and that substantial justice is done, including the requirement that a written request for an extension must be provided prior to expiration of the variance, and; WHEREAS, the Board has determined that based upon the factors set forth by the applicant's attorney as cited above, that in this instance it is 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 to the request for an extension of the variance granted in File No. 7099 elects to vary the requirement that a written request must be made prior to the expiration of the variance, and be it further; RESOLVED,the Board hereby grants a sixty (60) day extension of the variance relief granted in File No. 7099, from the date of the May 20, 2021 Special Meeting, to expire on August 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 4:56 P.M. Respectfully sub 'tted Kim E. Fuentes /2021 Board Assistant Page 8—MINUTES Regular Meeting held June 3, 2021 Southold Town Zoning Board of Appeals Included by Reference: Filed ZBA Decisions (2) Leslie Kanes Weisman, Chairperson 6 //6-/2021 Approved for Filing Resolution Adopted RM EW E® JUN L 9 20 i Southold Town Clerk