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Home My WebLink AboutZBA-09/02/2021 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ®��®� ®��/y®� 53095 Main Road•P.O. Box 1179 � ® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. ® a� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®l� 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, SEPTEMBER 2, 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, September 2, 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 John Burke, Asst. Town Attorney Robert Lehnert, Member 9:04 A.M. Chairperson Weisman called the meeting to order. Vote of the Board: Ayes: Members Weisman (Chairperson) Planamento and Lehnert. This Resolution was duly adopted (3-0) Members Dantes and Acampora were dela EXECUTIVE SESSION: 9:14 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 LehnertThis Resolution was duly adopted (5-0). 9:58 A.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento 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 September 2, 2021 Southold Town Zoning Board of Appeals WORK SESSION: A. Requests from Board Members for future agenda items. B. Jessica Magee of AMP Architect, on behalf of her client, Anthony Tartaglia, Appeal 7396 requested a second three-month Extension to meet a condition #6 that required that the applicant obtain a Certificate of Occupancy within 6 months of the November 19, 2020 decision. The applicant is awaiting Suffolk County Health Department approval for property located at 55255 North Road, Greenport, SCTM No. 1000-44.-1-9. On June 3, 2021, the applicant received a first three-month extension in order to comply with the aforementioned condition which is due to expire on September 3, 2021. RESOLUTION: A motion was offered by Chairperson Weisman, seconded by Member Lehnert to GRANT the three-month extension to expire on December 3, 2021. STATE ENVIRONMENTAL QUALITY REVIEWS; New Applications: A. RESOLUTION: declaring applications that are setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests as Type II Actions and not subject to environmental review pursuant to State Environmental Quality Review (SEQR) 6 NYCRR, Part 617.5 (c) including the following: Town of Southold Planning Board#7543 Tracy and Alex Sutton 47527SE Valerie A. Chandler and Dimitri Meskouris#7529 Daniel Marra/9450 Main Bayview,LLC#7530 Stephanie A. Keller Rev. Trust#7531 Ronald and Mary Sanchez 47534 David Hazard#7532 Jane T. Kaminski Living Trust#7536 Alan S.Braverman#7533 Arthur J. Connolly and Lorraine Acarelli Connolly#7535se Tracey Joseph#7538 Strong's Marine,Inc. #7546SE Deborah Colitti#7539 Vote of the Board: All. This resolution was duly dopted 5-0). Page 3—MINUTES Regular Meeting held September 2, 2021 Southold Town Zoning Board of Appeals B. HARD CORNER PARTNERS LLC, #7541 — The Town of Southold Planning Board will declare Lead Agency for the purposes of SEQR, once this variance determination is rendered. As of the date of this determination, the Planning Board has not asserted Lead Agency and therefore no determination under SEQRA has been made. Therefore, as set forth below, any grant of relief will necessarily be subject to the Planning Board issuing a"Negative Declaration"under SEQRA. Vote of the Board: All. This resolution was duly adopted (5-0). PUBLIC HEARINGS: 10:04 A.M. - TOWN OF SOUTHOLD PLANNING BOARD #7543 — By Heather Lanza, Planning Director. The Southold Town Planning Board in a memorandum dated June 24, 2021 has requested that the Southold Town Zoning Board of Appeals make a determination relating to Article II, § 280-7 District boundaries,280 Attachment 2 Density and Minimum Lot Size Schedule for Nonresidential Districts and 280 Attachment 4 Bulk Schedule for Business, Office and Industrial Districts of the Southold Town Zoning Code; as to; 1) whether or not a property that is within two or more zoning districts is subject to the bulk schedule for minimum lot size for each zoning district and each proposed use; and 2)whether or not a second building proposed in the LB Zoning District constitutes a second use. Located at 420 Paul's Lane, Peconic, NY, SCTM No. 1000-74-4-5. 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 Dantes Recused). 10:16 A.M. - TRACY AND ALEX SUTTON #75275E — By Patricia Moore, Attorney. Applicants request 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 five (5) bedrooms for lodging and serving of breakfast to the B&B casual, transient roomers. Located at: 25500 Main Road, Orient, NY. SCTM#1000-18-6-10. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento to CLOSE HEARING AND RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:23 A.M. - VALERIE A. CHANDLER AND DIMITRI MESKOURIS #7529 -By Anthony Portillo, Representative, Dimitri Meskouis, Owner. Robert Dunn, Opposed. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's May 7, 2021 Notice of Disapproval based on an application for a permit to construct deck additions to an existing single family dwelling; at; 1) located less than the code required minimum front yard setback of 35 feet; located at: 3745 Mill Lane, Peconic, NY. SCTM No. 1000-67-2-10. 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). Page 4—MINUTES Regular Meeting held September 2, 2021 Southold Town Zoning Board of Appeals 10:49 A.M. - DANIEL MARRA/9450 MAIN BAYVIEW, LLC #7530 — By Anthony Portillo, Representative. Gail Wickham and Mary Kirsh, Opposed. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's May 11, 2021 Notice of Disapproval based on an application for a permit to construct a new single family dwelling; at; 1) located less than the code required minimum front yard setback of 50 feet; located at: 9450 Main Bayview Road, Southold, NY. SCTM No. 1000-87-5-22. 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 ADJOURN WITHOUT A DATE. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:27 A.M. - STEPHANIE A. KELLER REV. TRUST #7531 — (By Mike Kimack, Representative) Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's May 18, 2021 Notice of Disapproval based on an application for a permit to demolish and reconstruct a single family dwelling and to construct an accessory in-ground swimming pool; at; 1) single family dwelling located less than the code required minimum front yard setback of 35 feet; 2)more than the code permitted maximum lot coverage of 20%; located at: 580 Old Shipyard Lane, Southold,NY. SCTM No. 1000-64-2-45. 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, subject to receipt of additional information. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:40 A.M. - RONALD AND MARY SANCHEZ #7534—By Anthony Portillo, Representative and Ron Sanchez, Owner. Request for Variances from Article III, Section 15; Article III, Section 122A; Article XXIII, Section 280-124; and the Building Inspector's June 1, 2021, Amended July 20, 2021 Notice of Disapproval based on an application for a permit to construct second floor additions to the single family dwelling, additions to an existing accessory garage and installation of a hot tub; at; 1) Single family dwelling located less than the code required minimum rear yard setback of 50 feet; 2) Not permitted alteration or enlargement of a nonconforming Accessory Garage containing a conforming use resulting in increasing a new nonconformance or increasing the degree of nonconformance; 3) Accessory hot tub located in other than the code permitted rear yard; located at: 515 South Oakwood Road, Laurel, NY. SCTM No. 1000-145-3-9.1 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). 12:02 P.M. - DAVID HAZARD #7532 — By Mike Kimack, Representative and David Hazard, Owner. Request for a Variance from Article III, Section 280-14 and the Building Inspector's May 19, 2021 Notice of Disapproval based on an application for a permit to demolish and construct a new single family dwelling; at; 1) located less than the code required minimum rear yard setback of 75 feet; located at: 1465 Harbor Lane, (Adj. to East Creek/Eugene's Creek) Cutchogue, NY. SCTM No. 1000-103-2-1.1. 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, subject to receipt of additional information. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 5—MINUTES Regular Meeting held September 2, 2021 Southold Town Zoning Board of Appeals 12:16 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). 1:04 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 �1 PUBLIC HEARINGS CONTINUED: 1:04 P.M. - JANE T. KAMINSKI LIVING TRUST #7536 — By Mike Kimack, Representative, Jim Kaminski, Owner. Matthew Carballal, Joan McGivern, Claire Brown, Opposed. Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector's May 18, 2021 Notice of Disapproval based on an application for a permit to demolish and reconstruct a single family dwelling; at; 1) more than the code permitted maximum lot coverage of 20%; located at: 805 Bay Haven Lane, Southold, NY. SCTM No. 1000-88-4-33. 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 to the Special Meeting of September 16, 2021. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:36 P.M. -ALAN S. BRAVERMAN#7533—By Frank Uellendahl,Representative. Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's May 6, 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 minimum front yard setback of 35 feet; 2) located less than the code required minimum side yard setback of 10 feet; located at: 2700 Vanston Road, Cutchogue, NY. SCTM No. 1000-111-5-4. 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). 1:42 P.M. - ARTHUR J. CONNOLLY AND LORRAINE ACARELLI CONNOLLY 47535SE— By Lorraine Connolly and Arthur Connolly, Owners. Applicants request 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: 3505 Wickham Avenue, (Adj. to Long Creek) Mattituck,NY. SCTM#1000-107-9-9. 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 6—MINUTES Regular Meeting held September 2, 2021 Southold Town Zoning Board of Appeals 1:50 P.M. - TRACEY JOSEPH#7538 —By Tracey Joseph, Owner. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's May 4, 2021 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling; at; 1) more than the code permitted maximum lot coverage of 20%; located at: 1330 Sigsbee Road, Mattituck, NY. SCTM No. 1000-144-1-5.2. 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 (5-0). 1:57 P.M. — STRONG'S MARINE, INC. #7546SE — By Charles Cuddy, Attorney. Applicant requests a Special Exception to maintain a business use pursuant to Article XI, Section 280- 48B(12)consisting of the display,storage,sale and service of boats with accessory repair facilities; located at: 9605 Main Road, Mattituck,NY. SCTM#1000-122-6-12. 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 THE HEARING. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). RESOLUTION OF THE BOARD: A motion was offered by Member Dantes, seconded by Member Weisman (Chairperson), and duly carried,to GRANT the Special Exception to establish a business use consisting of the display, storage, sale and service of boats consistent with the special exception granted to the prior owner in ZBA File#4681 of May 5, 1999 subject to conditions. (See Full Findings and Determination with conditions of approval) 2:07 P.M. - DEBORAH COLITTI #7539 — By Terrance Connelly, Representative and Deborah Collitti,Owner. Request for Variances from Section 280-121A; and the Building Inspector's June 24, 2021 Notice of Disapproval based on an application for a permit to legalize "as built" alterations to three(3)existing accessory seasonal cottages, converted to year-round use; at; 1)"as built" alteration of nonconforming use of buildings is not a permitted; located at: 720 Second Street, New Suffolk, NY. SCTM No. 1000-117-8-13. 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). 2:29 P.M.—HARD CORNER PARTNERS,LLC—#7541 —(Adjourned from August 5,202 1)By Robert Brown, Representative. Evette Lang and Ruth Metcalf Opposed. Gail Wickham in support. 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 Dantes to CLOSE HEARING subject to receipt of additional information. Vote of the Board: Ayes: All. This Resolution was duly adopted. (4-0). (Member Planamento Recused). Page 7—MINUTES Regular Meeting held September 2, 2021 Southold Town Zoning Board of Appeals 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, October 7, 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 August 19, 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 OPEN Public Hearing for the Special Exception of The Enclaves Hotel & Restaurant, subject property is located at 56655 Main Road, (NYS Route 25) Southold,NY, SCTM No. 1000- 63-3-15, to be held on Thursday, October 14, 2021 at 5:00 PM. 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 2:52 P.M. Respectfully s itted, Kim E. Fuentes / /7/2021 Board Assistant In by Referenc : Filed ZBA Decisions (1) RV E 9l—E 7D Leslie Kanes Weisman, Chairperson / /2021 7 P2o2021 Approved for Filing Resolution Adopted SouVold Town Clem