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HomeMy WebLinkAboutZBA-07/01/2021 BOARD MEMBERS if 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 �a Town Annex/First Floor, Robert Lehnert,Jr. • �@ 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®�yCOU NT`I,� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 MINUTES REGULAR MEETING THURSDAY, JULY 1, 2021 A Regular Meeting of the SOUTHOLD TOWN ZONING BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971- 0959, and also accessible via Zoom Webinar Portal on Thursday July 1, 2021 commencing at 9:00 A.M. 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 9:05 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: 9:05 A.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 Dantes Acampora and Lehnert. This Resolution was duly adopted 5-0Z 10:0 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 LehnertThis Resolution was duly adopted (5-0). Page 2—MINUTES Regular Meeting held July 1, 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 (SEAR) 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): Philip Loria#7498 Richard Kalich 47505 Mark Hoffman and John Pierce#7507SE Linda Dambassis #7509 Jacob Wylie #7512 Michael A. Boyd and Lisa T. Boyd 97511 Neil P. Stronski#7513 Andreas Pfanner#7501 Andreas Pfanner#7502 Julia Kiely #7508 Vote of the Board: All. This resolution was duly adopted (5-0) x** PUBLIC HEARINGS: 10:18 A.M. - PHILIP LORIA #7498 —By Nick Mazzaferro, Representative, Phil Loria, Owner. Opposed by Steve Katsolas, George Krug, Lynn Krug, Linda Aureimma, William Grella, Cheryl Bunderchuck, Arlene Castellano, Robert Puric and Barbara Best. Request for Variances from Article XII, Section 280-18; Article XIII, Section 280-56; and the Building Inspector's February 5,2021 Notice of Disapproval based on an application for a permit to construct a three story single family dwelling; at 1) located less than the code required front yard setback of 35 feet; 2) located less than the code required rear yard setback of 35 feet; 3) located less than the minimum side yard setback of 25 feet; 4) more than the code permitted maximum two stories; located at: 1090 First Street, New Suffolk, NY. SCTM No. 1000-117-7-31. 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 ADJOURN HEARING to August 5 2021 Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 3—MINUTES Regular Meeting held July 1, 2021 Southold Town Zoning Board of Appeals 11:22 A.M. -RICHARD KALICH#7505—By Patricia Moore,Attorney and Mary Kalich,Owner. Opposed by Patty Homan and Brennan Albano. Request for Variances from Article III, Section 280-15; Article IV, Section 280-18; and the Building Inspector's March 8, 2021 Notice of Disapproval based on an application for a permit to construct a single family dwelling and an accessory spa; at; 1) dwelling is located less than the code required minimum combined side yard of 35 feet; 2) accessory spa is located in other than the code permitted rear yard; located at: 4660 Blue Horizon Bluffs, (Adj. to Long Island Sound) Peconic, NY. SCTM No. 1000-74-1-35.52. 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 ADJOURN HEARING to July 15, 2021. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 12:38 P.M. - MARK HOFFMAN AND JOHN PIERCE #75075E—By Patricia Moore, Attorney and John Pierce, Owner. Applicant requests 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 four(4) bedrooms for lodging and serving of breakfast to the B&B casual,transient roomers. Located at: 47100 NYS Route 25 & South Harbor Lane, Southold, NY. SCTM#1000-69-6-11. 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). 12:44 P.M. - LINDA DAMBASSIS #7509 —By Nigel Williamson, Representative. Request for Variances from Article XXII, Section 280-116A(1)and the Building Inspector's October 22,2020 Notice of Disapproval based on an application for a permit to legalize as built additions/alterations to an existing single family dwelling and to legalize two (2) as built accessory decks; at; 1) dwelling is located less than the code required 100 feet from the top of the bluff; 2) accessory decks are located seaward of the top of the bluff; located at: 2430 Dignans Road, (Adj. to Long Island Sound) Cutchogue,NY. SCTM No. 1000-83-2-7.2. 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 4-0). (Member Planamento Recused) 12:55 P.M. Motion was offered by Chairperson Weisman, seconded by Member Lehnert to break for lunch. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:01 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 dopted (L-0-1 Page 4—MINUTES Regular Meeting held July 1, 2021 Southold Town Zoning Board of Appeals 1:01 P.M. - JACOB WYLIE #7512 — By Ann Surchin, Representative. 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 additions and alterations to an existing single family dwelling; at; 1) located less than the code required front yard setback of 35 feet; 2) ) located less than the code required minimum side yard setback of 10 feet; 3) located less than the code required rear yard setback of 35 feet; 4) more than the code permitted maximum lot coverage of 20%; located at: 140 Mechanic Street, Southold, NY. SCTM No. 1000-61-4-34. 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 (4-0). (Member Planamento Recused) 1:12 P.M. - MICHAEL A. BOYD AND LISA T. BOYD #7511 — By Patricia Moore, Attorney and Lisa Boyd, Owner. Request for a Variance from Article III, Section 280-15; and the Building Inspector's February 19, 2021 Notice of Disapproval based on an application for a permit to construct an in-ground swimming pool; at; 1) located in other than the code required rear yard; located at: 12950 Oregon Road, Cutchogue, NY. SCTM No. 1000-83-3-3.1. 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(4-0). (Member Planamento Recused) 1:16 P.M. - NEIL P. STRONSKI #7513 — By Mike Kimack, Representative. Request for a Variance from Article XXII, Section 280-116A(1) and the Building Inspector's April 12, 2020 Notice of Disapproval based on an application for a permit to demolish and reconstruct a single family dwelling;at; l)located less than the code required 100 feet from the top of the bluff; located at: 7025 Nassau Point Road, (Adj. to Little Peconic Bay) Cutchogue, NY. SCTM No. 1000-111- 15-10. 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). 1:22 P.M. - ANDREAS PFANNER #7501 —By Mike Kimack, Representative and Jade Lane, Occupant. Opposed by Mimi Columbo, Lloyd Ray Weathers, Steve Starroff, Claire McBride, Mary Martin, Robert Bennetto, and Scott Lopez. Request for Variances from Article III, Section 280-15; and the Building Inspector's January 21, 2021, Amended February 9, 2021 Notice of Disapproval based on an application for a permit to legalize two (2) "as built" existing sheds; at 1) both sheds located in other than the code required rear yard; located at: 2725 Harbor Lane, Cutchogue, NY. SCTM No. 1000-136-1-24.2. 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 HEARING AND RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). 1:22 P.M. - ANDREAS PFANNER #7502 — By Mike Kimack, Representative and Jade Lane, Occupant. Opposed by Amy Columbo, Lloyd Ray Weathers, Steve Starroff, Claire McBride, Mary Martin, Robert Bennetto, and Scott Lopez. Request for a Use Variance from Article III, Section 280-13(C) and the Building Inspector's January 21, 2021, Amended February 9, 2021 Page 5—MINUTES Regular Meeting held July 1, 2021 Southold Town Zoning Board of Appeals Notice of Disapproval based on an application for a permit to construct alterations to an existing accessory garage to convert to an office/workshop; at 1) proposed conversion does not constitute a permitted accessory use; located at: 2725 Harbor Lane, Cutchogue, NY. SCTM No. 1000-136- 1-24.2. 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 HEARING AND RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 2:36 P.M. - JULIA KIELY #7508 — By Julia Kiely, Stephen Kiely, and Rebecca Northbey, Owners. 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: 16045 NYS Route 25, Mattituck, NY. SCTM#1000-115-1-7. 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). RESOLUTIONS: RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman,seconded by Member Dantes to set the next Regular Meeting with Public Hearings to be held on Thursday, August 5, 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 Lehnert to approve Minutes from Special Meeting held June 17, 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 2:57 P.M. Res e tfully su ed, Kim E. Fuent s `7 / ► 2021 Board Assistant #eshe y Reference: led ZBA Decisions (0) REC IVIED 8Cpgrt es Weisman, Chairperson7 e44�—/2021 JUL 2 0�202L ma Approved for Filing Resolution Adopted Sou hold Towyn Clerk