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Home My WebLink AboutZBA-10/07/2021 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. ® �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®l�c®UNTY 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, OCTOBER 7, 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, October 7, 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 Lennert, Member Carrie O'Farrell,Nelson Pope Voorhis 9:09 A.M. Chairperson Weisman called the meeting to order. Vote of the Board: Ayes: Members Weisman (Chairperson) Planamento, Acampora, Dantes and Lehnert. This Resolution was duly adopted (5-0).) EXECUTIVE SESSION: 9:09 A.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes 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). 9:53 A.M. Motion was offered by Chairperson Weisman, seconded by Member Lennert to exit Executive Session. Vote of the Board: Ayes: Members Weisman (Chairperson), Planamento, Dantes Acampora and LennertThis Resolution was duly adopted 5-0). Page 2—MINUTES Regular Meeting held October 7, 2021 Southold Town Zoning Board of Appeals WORK SESSION: A. Requests from Board Members for future agenda items. STATE ENVIRONMENTAL QUALITY REVIEWS; New Applications: A. RESOLUTION: declaring applications that are setback/dimensional/lot waiver/accessory apartmentibed 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: John Spiro #7560 George Ntavoultzis#7537 John And Joyce Hozapfel#7542 Marc and Shari Weissbach#7540SE Douglas Bradford#7544 Anthony And Angela Geraci#7545 Mark Alberici #7547 Manning Family Irrevocable Trust#7549 Mary Hoeltzel #7550 Vote of the Board: All. This resolution was duly adopted (5-0). B. RESOLUTION: The Town of Southold Zoning Board of Appeals, as Lead Agency in the matter of The Enclaves Hotel Restaurant, seeking Site Plan and Special Exception Use Permit approval for a two story 40-unit hotel with four detached cottages and a 74 seat restaurant, located at 56655 Main Road, Southold, New York, (SCTM No. 1000-63.-3-15) has thoroughly considered the record, including comments received during the 22-day public and agency consideration period following the adoption of the Final Environmental Impact Statement (August 20, 2021 through September 10, 2021), and hereby adopts the Findings Statement, dated October 7,2021,pursuant to Article 8 of the New York State Environmental Quality Review Act (SEQRA), New York State Environmental Conservation Law and Title 6 of the New York State Code and Regulations (6 NYCRR), Part 617, Subsection 617.11 "Decision-Making and Findings Requirement." Vote of the Board: All. This resolution was duly adopted 5-0). Page 3—MINUTES Regular Meeting held October 7, 2021 Southold Town Zoning Board of Appeals 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: INTERPRETATIONS: Town of Southold Planning Board#7543 Vote of the Board: All. This resolution was duly adopted(4-0). Member Dantes Recused. RELIEF GRANTED AS APPLIED WITH CONDITIONS: Hard Corner Partners, LLC #7541 Vote of the Board: All. This resolution was duly adopted (4-0). Member Planamento Recused. PUBLIC HEARINGS: 10:15 A.M. - JOHN SPIRO #7560—By Fred Azar, Representative. Request for a Variance from Article III, Section 280-15; and the Building Inspector's July 28, 2021 Notice of Disapproval based on an application for a permit to construct an accessory carport; at; 1) located in other than the code permitted rear yard; located at: 340 Glenwood Road, Cutchogue,NY. SCTM No. 1000- 110-6-5. 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). 10:22 A.M. - GEORGE NTAVOULTZIS #7537—By Anthony Portillo, Representative. Request for Variances from Article III, Section 280-15;Article IV, Section 280-19; Article XXIII, Section 280-124 and the Building Inspector's May 7, 2021 Notice of Disapproval based on an application for a permit for an "as built" amendment to permit#42455Z to make additions and alterations to an existing single family dwelling; at; 1) "as built" accessory structure is located in other than the code permitted rear yard; 2) single family dwelling located less than the code required minimum front yard setback of 35 feet; located at: 870 Bayshore Road, Greenport, NY. SCTM No. 1000- 53-4-36. 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 5-0Z Page 4—MINUTES Regular Meeting held October 7, 2021 Southold Town Zoning Board of Appeals 10:30 A.M. - JOHN AND JOYCE HOZAPFEL #7542 — By Anthony Portillo, Representative. Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's May 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 minimum side yard setback of 10 feet; 2) located less than the code required minimum combined side yard setback of 25 feet; located at: 1490 Village Lane, Orient, NY. SCTM No. 1000-24-2-14. 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, subject to receipt of additional information. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). 10:38 A.M. - MARC AND SHARI WEISSBACH #7540SE — By Eileen Wingate and Jason Lenard, Representatives and Shari Weissbach, Owner. Applicants request a Special Exception under Article III, Section 280-13B(13). The Applicants are owners of subject property requesting authorization to establish an Accessory Apartment in an existing accessory structure; at: 350 Paddock Way, Mattituck, NY. SCTM#1000-107-4-2.12. 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 HEARING, subject to receipt of additional information. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:54 A.M. - DOUGLAS BRADFORD #7544 — By Anthony Portillo, Representative. Tom Bradford, Owner. 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 construct a new porch and second floor additions and alterations to a single family dwelling; at; 1) located less than the code required minimum side yard setback of 10 feet on two side yards; 2) located less than the code required minimum combined side yard setback of 25 feet; 3) more than the code permitted maximum lot coverage of 20%; located at: 3705 Bayshore Road (Adj. to Shelter Island Sound/Peconic Bay), Greenport, NY. SCTM No. 1000-53-6-16. 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 (5-01 1 11:08 A.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). 11:20 A.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 . 11:20 A.M. -ANTHONY AND ANGELA GERACI#7545—By Rob Hermann and John Paetzel, Representatives. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's May 5, 2021 Notice of Disapproval based on an application for a permit to construct Page 5—MINUTES Regular Meeting held October 7, 2021 Southold Town Zoning Board of Appeals an accessory in-ground swimming pool with a raised patio; at; 1) more than the code permitted maximum lot coverage of 20%; located at: 600 Snug Harbor Road, (Adj. to Gull Pond Inlet) Greenport, NY. SCTM No. 1000-35-5-35. 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). 11:49 A.M. - MARK ALBERICI #7547—By Jennifer DelVaglio, Representative. Request for a variance from Article XXIII, Section 280-124 and the Building Inspector's June 24, 2021 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool with masonry coping and raised patios; at; 1) more than the code permitted maximum lot coverage of 20%; located at: 115 East Side Avenue, (Adj. to Mattituck Creek) Mattituck, NY. SCTM No. 1000-99-3-19. 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). 12:08 P.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento to take a lunch break. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:03 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: 1:05 P.M. -MANNING FAMILY IRREVOCABLE TRUST#7549—By Philip Manning, Owner. Request for a variance from Article XXIII, Section 280-124 and the Building Inspector's May 14, 2021 Notice of Disapproval based on an application for a permit to legalize an "as built" conversion of a screened in porch to a heated sunroom attached to a single family dwelling; at; 1) located less than the code required minimum rear yard setback of 50 feet; located at: 1330 Donna Drive, Mattituck, NY. SCTM No. 1000-115-15-15. 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). 1:09 P.M. - MARY HOELTZEL 47550 — By Charles Cuddy, Attorney; Charles Thomas, Representative. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's June 16, 2021 Notice of Disapproval based on an application for a permit to demolish and construct an existing single family dwelling; at; 1) located less than the code required minimum side yard setback of 15 feet; 2) located less than the code required rear yard setback of 50 feet; located at: 6190 Great Peconic Bay Blvd, (Adj.to Great Peconic Bay) Laurel,NY. SCTM No. 1000-128-2-5. RESOLUTION: (Please see transcript of written statements prepared under Page 6—MINUTES Regular Meeting held October 7, 2021 Southold Town Zoning Board of Appeals 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 5-0). 1:20 P.M. -VINCENT BERTAULT#7467—By Eric Bressler,Attorney,Vincent Bertault, Owner. Opposed; Tim Frost, Charles Dean, Richard Gilooly, Barbara Cohen, Barbara Friedman, Lawrence Bernstein, Evan Lewis, Marsha Sheldon, Mariella Ostrosky, Freddie Weisberg. (Adjourned from June 17, 2021) 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 Dantes to CLOSE HEARING AND RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:20 P.M. - VINCENT BERTAULT #7468SE — By Eric Bressler, Attorney, Vincent Bertault, Owner. Opposed; Tim Frost, Charles Dean, Richard Gilooly, Barbara Cohen, Barbara Friedman, Lawrence Bernstein, Evan Lewis, Marsha Sheldon, Mariella Ostrosky, Freddie Weisberg (Adjourned from June 17, 202 1)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 Lehnert to CLOSE HEARING AND RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 7tC X X 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,November 4, 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 September 16,2021. 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 Amend Decision for the Special Exception for an Accessory Apartment, #7508SE, Owner: Julia Kiely, 16045 Main Road, Mattituck, SCTM No. 1000-115-1-7 Vote of the Board: Ayes: All. This Resolution was dui adopted 5-0). Page 7—MINUTES Regular Meeting held October 7, 2021 Southold Town Zoning Board of Appeals There being no other business properly coming before the Board at this time,the Chairperson declared the meeting adjourned. The meeting was adjourned at 2:42 P.M. Respectfully submi d, Kim E. Fuentes ID /�2( /2021 Board Assistant Incl ded Reference: Filed ZBA Decisions (2) r ` Leslie Kanes Weisman, Chairperson& 17/// /2021 Approved for Filing Resolution Adopted ` RECEIVED OCT 2 5 2021// uthold Town Clerk