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Home My WebLink AboutZBA-08/05/2021 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ®f $®(/,� 53095 Main Road•P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. • �p� 54375 Main Road(at Youngs Avenue) Nicholas PlanamentoC®UNTY 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, AUGUST 5, 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, August 5, 2021 commencing at 8:30 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 8:37 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). �XX EXECUTIVE SESSION: 8:37 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 LehnertThis 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 August 5, 2021 Southold Town Zoning Board of Appeals WORK SESSION: A. Requests from the Board Members for future agenda items. B. The representatives of Hard Corner Partners#7541 were remiss in properly preparing and giving notice for the meeting. The Board will adjourn their hearing until September 2, 2021. 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): Enno and Hannah De Boer#7516 Kenneth Monaghan#7517 Joao Carlos Cunha Dos Santos and Claudia M. Mazo Montoya#7518 Christopher Stocker and John Cocuzzo #7519 Anthea Carr and Paul M. Smith#7520 Jonnah Hollander#7522 Andreas Zoitas#7525 Areti Lavalle #7521 David Garner and Jean McGee#7523 Daniel Mazzarini and Andrew Grover#7524 Yana Watson Kakar#7526 Vote of the Board: All. This resolution was duly dopted (5-0). DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: Agenda items and commenced deliberations on the following applications. The original determinations of each of the following applications as decided are filed with the Southold Town Clerk: RELIEF DENIED Richard Kalich#7505 Vote of the Board: Ayes: All. This Resolution was duly adopted Page 3—MINUTES Regular Meeting held August 5, 2021 Southold Town Zoning Board of Appeals HARD CORNER PARTNERS #7541 - Request for a Variance from Article X, Section 280-46 and the Building Inspector's June 25, 2021 Notice of Disapproval based on an application for a permit to constrict a mixed-use commercial building with accessory apartments and four single family dwellings; at 1) located less than the code required minimum rear yard setback of 25 feet; located at: 53530 Main Road, Southold, NY. SCTM No. 1000-61-4-1. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to ADJOURN THE HEARING TO SEPTEMBER 2, 2021. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). PUBLIC HEARINGS: 10:09 A.M. ENNO AND HANNAH DE BOER 47516 — By Robert Herrmann, Representative. Hanna DeBoer, Owner. Request for Variances from Article XXIII, Section 280-124; and the Building Inspector's March 18, 2021, Amended April 9, 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 minimum required side yard setback of 10 feet; 2) located less than the code minimum required combined side yard setback of 25 feet; 3)more than the code permitted maximum lot coverage of 20%; located at: 1555 Fleetwood Road(Adj. to East Creek), Cutchogue, NY. SCTM No. 1000-137-4-34. 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 Dantes Recused). 10:24 A.M. - KENNETH MONAGHAN 47517 —By Bruce Anderson, Representative. Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector's March 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 minimum required side yard setback of 15 feet; located at: 2750 Nassau Point Road, Cutchogue, NY. SCTM No. 1000-104.- 12-16. 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). 10:33 A.M. -JOAO CARLOS CUNHA DOS SANTOS AND CLAUDIA M.MAZO MONTOYA #7518 — By Carlos Santos, Owner. Request for a Use Variance from Article III, Section 280- 13(C) and the Building Inspector's January 21, 2021, Notice of Disapproval based on an application for a permit to construct alterations to an existing accessory garage to convert to an office; at 1) proposed conversion does not constitute a permitted accessory use; located at: 275 Maple Lane,Mattituck,NY. SCTM No. 1000-107-2-10.1. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was Page 4—MINUTES Regular Meeting held August 5, 2021 Southold Town Zoning Board of Appeals 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). 10:40 A.M. - CHRISTOPHER STOCKER AND JOHN COCUZZO #7519 — By Chris Stocker and John Cocuzzo, Owners. Request for Variances from Article III, Section 280-15; and the Building Inspector's April 1, 2021 Notice of Disapproval based on an application for a permit to construct an accessory structure; at 1) located less than the code minimum required rear yard setback of 15 feet; 2) located less than the code minimum required side yard setback of 15 feet; located at: 3375 Depot Lane, Cutchogue, NY. SCTM No. 1000-102-1-6.1. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony,motion was offered by Chairperson Weisman, seconded by Member Dantes to CLOSE HEARING AND RESERVE DECISION. Vote of the Board: Ayes:All. This Resolution was duly adopted (5-0). 10:54 A.M.-ANTHEA CARR AND PAUL M. SMITH#7520—By Anthea Carr, Owner. Request for a Variance from Article III, Section 280-15; and the Building Inspector's March 4,2021 Notice of Disapproval based on an application for a permit to replace an existing accessory shed with a new accessory shed; at 1) located in other than the code required rear yard; located at: 1030 Westview Drive,Mattituck,NY. SCTM No. 1000-13 9-1-5. 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). 10:57 A.M. JONNAH HOLLANDER #7522 —By Anthony Portillo, Representative and Jonnah Hollander, Owner. Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector's April 26, 2021 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool;at 1)more than the code permitted maximum lot coverage of 20%; located at: 275 Maple Street, Greenport,NY. SCTM No. 1000-42-1-15. 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(5-01 11:07 A.M. - ANDREAS ZOITAS #7525 —By Anthony Portillo, Representative. Request for a Variance from Article XXII, Section 280-116A(l); and the Building Inspector's April 5, 2021, Amended June 18, 2021 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool; at 1)swimming pool is located less than the code required 100 feet from the top of the bluff; located at: 1470 Grandview Drive, (Adj. to Long Island Sound) Orient, NY. SCTM No. 1000-14-2-3.15. 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). Page 5—MINUTES Regular Meeting held August 5, 2021 Southold Town Zoning Board of Appeals 11:21 A.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). 12:58 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 5-0 . PUBLIC HEARINGS—Continued 1:00 P.M. -ARETI LAVALLE #7521 —By Jonathan Foster and William Lavalle,Representatives and Areti Lavalle, Owner. Request for a Variance from Article XXII, Section 280-116A(1); and the Building Inspector's March 12, 2021, Amended May 12, 2021 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool; at 1) located less than the code required 100 feet from the top of the bluff, located at: 555 Sound View Road, (Adj. to Long Island Sound) Orient, NY. SCTM No. 1000-15-3-7. 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 THE HEARING TO NOVEMBER 4, 2021. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:18 P.M. - DAVID GARNER AND JEAN MCGEE#7523 —By Patricia Moore, Representative and David Garner, Owner. Katherine Diggs opposed. Request for a Waiver of Merger petition under Article II, Section 280-10A, to unmerge land identified as SCTM No. 1000-41-1-33 which has merged with SCTM No. 1000-41-1-34, based on the Building Inspector's February 8, 2021 Notice of Disapproval, which states that a non-conforming lot shall merge with an adjacent conforming or non-conforming lot held in common ownership with the first lot at any time after July 1, 1983 and that non-conforming lots shall merge until the total lot size conforms to the current bulk schedule requirements (minimum 40,000 sq. ft. in the R-40 Residential Zoning District); located,at 810 Washington Avenue, Greenport,NY. SCTM Nos.1000-41-1-33 and 1000-41-1-34. 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). 1:52 P.M. - DANIEL MAZZARINI AND ANDREW GROVER #7524 — By Mike Kimack, Representative and Dan Mazzarini, Owner. Request for Variances from'Article IV, Section 280- 18; Article XXII, Section 280-116A(1); and the Building Inspector's April 13, 2021 Notice of Disapproval based on an application for a permit to demolish and reconstruct a single family dwelling and construct an accessory in-ground swimming pool located in the Subdivision of Pebble Beach Farms; at 1) located less than the code required minimum side yard setback of 7.5 feet; 2) located less than the code required minimum combined side yard setback of 17.5 feet; 3) Page 6—MINUTES Regular Meeting held August 5, 2021 Southold Town Zoning Board of Appeals swimming pool located less than the code required 100 feet from the top of the bluff; located at: 90 The Strand, (Adj. to Long Island Sound) East Marion, NY. SCTM No. 1000-21-5-8. 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). 2:16 P.M. - YANA WATSON KAKAR #7526 — By Eric Martz, Representative. Request for a Variance from Article XXII, Section 280-105A and the Building Inspector's April 19,2021 Notice of Disapproval based on an application for a permit to construct a six foot high portion of pool fencing in the front yard of a single family dwelling; at 1) fence is more than the code permitted maximum four (4) feet in height when located in the front yard; located at: 4625 Aldrich Lane Extension, (Adj. to Long Island Sound) Mattituck, NY. SCTM No. 1000-112-1-14. 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). 2:24 P.M. - PHILIP LORIA #7498 - (Adjourned from July 1, 2021) By Nick Mazzaferro, Representative, Phil Loria, Owner. William Grella in favor. Opposition by Joyce Barry, Steve Katsalas, Arlene Castellano, Linda Auriemma, Joseph Polaschock, Michele Moussan, G. Krug, Lynn Krug,Jennifer Jacobs, Julie Saul,Doris Bradigan, and Gloria Baume. 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 the Zoning Board of Appeals Interpretation of Town Code Article VIII Section 280-156 "Bulk Schedule"regarding setbacks for a residential use in an MII zone district, (ZBA File# 6841, March 19, 2015) on an application for a permit to construct a 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 15 feet; 4) more than the code permitted maximum two and one half 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 THE HEARING TO DECEMBER 2, 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 Dantes to set the next Regular Meeting with Public Hearings to be held on Thursday, September 2, 2021, at 9:00 AM. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 7—MINUTES Regular Meeting held August 5, 2021 Southold Town Zoning Board of Appeals RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman,seconded by Member Dantes to approve Minutes from Special Meeting held July 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 3:36 P.M. Respectfully ub itte , Kim E. Fuentes l l""2021 Board Assistant (( In d by Reference: Filed ZBA Decisions (0) Leslie Kanes Weisman, Chairperson /�� /2021 Approved for Filing Resolution Adopted RECEIVED AUG 2 0 20Y Sou hold Town Clerk