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Home My WebLink AboutZBA-06/17/2021 Special I BOARD MEMBERS ®� �®�� 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. e ® �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®lyc®U '� Southold,NY 11971 http://southoldtownny.gov i ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 •Fax (631)765-9064 MINUTES SPECIAL MEETING THURSDAY, JUNE 17, 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 17, 2021 Zoning Board;of Appeals meeting was held via ZOOM WEBINAR beginning at 3:00 P.M. Present were: Leslie Kanes Weisman, Chairperson William Duffy,,Town Attorney Nicholas Planamento, Vice Chair Elizabeth Sakarellos, Office Assistant Eric Dantes, Member Kim E. Fuentes, Board Assistant Patricia Acampora, Member Carrie O'Farrell,Nelson, Pope, Voorhis Robert Lehnert, Member Heather Lanza, Planning Director Mark Terry, Asst. Planning Director 3:30 P.M. Chairperson Weisman opened the meeting in order to call for Executive Session. Vote of the Board: Ayes: Members Weisman(Chairperson), Planamento, Lehnert and Acampora. (Member Dantes not present) This Resolution was duly adopted 4-0). I EXECUTIVE SESSION: 3:30 P.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento to enter into Executive Session in order to receive Attorney Advice Vote of the Board: Ayes: Members Weisman (Chairperson) Planamento Lehnert and Acampora. (Member Dantes not present) This Resolution was duly adopted 4-0). 5:02 P.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). i Page 2—MINUTES Special Meeting held June 17, 2021 Southold Town Zoning Board of Appeals I WORK SESSION: Began at 5:06 PM i A.. Requests from the Board Members for future agenda items. POSSIBLE RESOLUTION TO CLOSE THE FOLLOWING HEARINGS: VINCENT BERTAULT 47467 — (Adjourned from June 3, 202,1) 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 Ito 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. RESOLUTiION: A motion was offered by Chairperson Weisman, seconded by Member Dantes to ADJOURN HEARING WITHOUT A DATE. Vote of the Board: Ayes: All. This Resolution was duly adobted (5-0) VINCENT BERTAULT#7468SE—(Adjourned from June 3,2021) Applicant requests a Special Exception under Article III, Section 280-13B(13). The Applicant is owner of subject property requesting authorization to establish an Accessory Apartment in an existing accessory structure; at: 95 Navy Street, Orient,NY. SCTM#1000-26-1-12.2. RESOLUTION: A motion was offered by Chairperson Weisman, seconded by Member Dantes to ADJOURN HEARING WITHOUT A DATE. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0) I I DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: The Board continued with Agenda items and commenced deliberations on the following applications. The original determinations of each of the following applications as decided are.filled with the Southold Town Clerk: I GRANT RELIEF AS APPLIED I I Heather Lanza 47500 David Rohde#7503 Jonathan Babkow and Maia Rubin#7514 Marcel and Shelly Dzama 47515 I Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). I i 1 Page 3—MINUTES Special Meeting held June 17, 2021 Southold Town Zoning Board of Appeals GRANTED RELIEF AS APPLIED WITH CONDITIONS Konstantinos Diakovasilis #7465SE William R. Ahmuty and Joeellen Ahmuty #7495 Petros and Penny Tsekouras#7499 F.I. Weathervane Enterprise, LLC#7496 Claudia King Ramone#7497 Cecilia Ott and Endre Meszaros #7510 Peter Torkelsen#7506 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 authorize advertising of hearings for Regular Meeting to be held on Thursday,July 1,2021 which will commence at 9:00 A.M. for Executive Session and 10:00 A.M. for Regular Meeting. 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 approve Minutes from Regular Meeting held Junei 3,2021. 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 Extend Determination of Variance Relief for ZBA File No. 7014 as follows: WHEREAS, the Town of Southold Zoning Board of Appeals ("the Board") has received a written request for an extension of the variance relief from the applicant, on File No. 7014, for Captain Red's Marine Sales located at 9605 Main Road, Mattituck; more particularly known as Suffolk County Tax Map No. 1000-122-6-12, 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 280-146 (B)requires that a written request for'an extension be made prior to the expiration of the variance, and; WHEREAS,the applicant has requested that he 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, and delays 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 Page 4—MINUTES Special Meeting held June 17, 2021 Southold Town Zoning Board of Appeals 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 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. 7014 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. 7014 from the date of the June 3, 2021 Regular 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 5:48 P.M. Resp full_ suftnitUed, Kim E. Fuentes `� / /2021 Board Assistant I de by Refere e: Filed ZBA Decisions (11) Leslie Kanes Weisman, Chairperson 711 /2021 Approved for Filing Resolution Adopted RECEIVED a Southold Town Clerk