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Home My WebLink AboutZBA-11/04/2021 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��®� ®U��® 53095 Main Road• P.O.Box 1179 �® �® Southold,NY 1.1971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. ® aQ 54375 Main Road(at Youngs Avenue) Nicholas PlanamentolyC®UNTV 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, NOVEMBER 4, 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, November 4, 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,, Office Assistant Patricia Acampora, Member William Duffy, Town Attorney, Robert Lehnert, Member 9:10 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: 9:11 A.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora 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). 10:12 A.M. Motion was offered by Chairperson Weisman, seconded by Member Lehnert 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 November 4, 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 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: Philippe Jacquet#7554 Vasilis and Christina Fthenakis #7559 David and Lisa Cifarelli#7551 Petros Mamais#7555 Scott Rosen and Lori Goeders Rosen#7556 Rizos Paliouras 47552SE Rizos Paliouras#7553 Patrick and Diane Severson#7558 Levent Temiz #7557 Christopher T. Astley and Amy Astley #7561 Vote of the Board: All. This resolution was duly adopted (5-0). PUBLIC HEARINGS: 10:22 A.M. - ARETI LAVALLE#7521 —(Adjourned from August 5, 2021) By Jonathan Foster, Representative, 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 Lehnert to CLOSE HEARING AND RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 3—MINUTES Regular Meeting held November 4, 2021 Southold Town Zoning Board of Appeals 10:30 A.M.-PHILIPPE JACQUET#7554—By Jonathan Foster,Representative,Philippe Jacquet, Owner. Opposition from Kevin McPike, Susan Worth, and Mark Nicholas. Request for a Variance from Article III, Section 280-15 and the Building Inspector's May 27, 2021 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool; at; 1) located in other than the code permitted rear yard; located at: 710 Grandview Drive, Orient, NY. SCTM No. 1000-14-2-3.34. 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). 11:05 A.M. -420 PAULS LANE,LLC,#7548_By Michael Kimack,Representative. Opposition from Patricia Moore and Charles Hydell. Request for Variances from Article IX, Section 280-42; Article IX, Section 280-42C; Article XI, Section 280-49; and the Building Inspector's June 7, 2021, Amended August 10, 2021 Notice of Disapproval based on an application for a permit to construct a convenience store, a new woodworking workshop/storage addition to an "as built" conversion of an existing storage building to a woodworking workshop; at 1) located less than the code required minimum front yard setback of 100 feet at two front yards; 2) measuring more than the maximum permitted 60 linear feet of frontage on the street;located at 420 Pauls 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 Lehnert to ADJOURN HEARING WITHOUT A DATE. Vote of the Board: Ayes: All This Resolution was duly adopted (4-0) (Member Dantes Recused). 12:04 P.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 12:10 P.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora to reconvene the public hearing. Vote of the Board: Ayes: All. This Resolution was dull adopted _� A1C�C 12:11 P.M. - VASILIS AND CHRISTINA FTHENAKIS #7559 — By Michael Kimack, Representative, Vasilis Fthenakis and Christina Fthenakis, Owners. Request for Variances from Article III, Section 280-15;Article XXII, Section 280-116A; and the Building Inspector's July 16, 2021 Notice of Disapproval based on an application for a permit to demolish an existing dwelling and cottage and to construct a new single family dwelling; at; 1)located less than the code required 100 feet from the top of the bluff, 2) swimming pool located in other than the code required rear yard; located at: 6925 Nassau Point Road, (Adj. to the Peconic Bay) Cutchogue, NY. SCTM No. 1000-111-15-9. 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 HEARING WITHOUT A DATE. Vote of the Board: Ayes: All This Resolution was duly adopted (5-0). Page 4—MINUTES Regular Meeting held November 4, 2021 Southold Town Zoning Board of Appeals 12:45 P.M. - DAVID AND LISA CIFARELLI #7551 — By Anthony Portillo, Representative. Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's July 1, 2021 Notice of Disapproval based on an application for a permit to demolish an existing dwelling and construct a single family dwelling; at; 1) located less than the code required minimum side yard setback of 10 feet on two side yards; located at: 2674 Peconic Bay Blvd (Adj. to Peconic Bay), Laurel,NY. SCTM No. 1000-128-6-13.3. 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 December 2 2021 Regular Meeting Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:06 P.M. - PETROS MAMAIS #7555 — By Eileen Rowan, Representative. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's June 11, 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; located at: 990 Central Drive, Mattituck, NY. SCTM No. 1000-106-2-16. 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). 1:13 P.M. - SCOTT ROSEN AND LORI GOEDERS ROSEN #7556 — By Lisa Poyer, Representative. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's June 14, 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: 850 Lupton Point Road, (Adj. to Deep Hole Creek) Mattituck, NY. SCTM No. 1000-115-11-16. 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). 7C X 7C 1:16 P.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:33 P.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora to reconvene the public hearing. Vote of the Board: Ayes: All. This Resolution was duly dopted 5-0 . PUBLIC HEARINGS CONTINUED: 1:35 P.M. -RIZOS PALIOURAS #7552SE—By Patricia Moore, Attorney. Opposition from Vince Loria, Matilda Latuso and Joanne Milowski. Request for a Special Exception pursuant to Article III, Section 280-13 B(17), the applicant is requesting permission to convert second story space of an existing two family dwelling into two (2) units of affordable rental housing; located Page 5—MINUTES Regular Meeting held November 4, 2021 Southold Town Zoning Board of Appeals at 65795 County Road 48, Greenport,NY SCTM No. 1000-40-2-6.4. 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). 1:35 P.M. - RIZOS PALIOURAS #7553 - By Patricia Moore, Attorney. Opposition from Vince Loria, Matilda Latuso and Joanne Milowski. Request for a Use Variance pursuant to Article III, Section 280-13 B(17), the applicant is requesting permission to convert second story space of an existing two family dwelling into two (2) units of affordable rental housing for premises not located within a designated hamlet locus (HALO) zone; not a permitted use; located at 65795 County Road 48, Greenport,NY SCTM No. 1000-40-2-6.4. 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). 2:36 P.M. - PATRICK AND DIANE SEVERSON#7558—By Ural Talgat, Representative. Request for Variances from Article III, Section 280-15; Article XXII, Section 280-116A; and the Building Inspector's June 18, 2021 Notice of Disapproval based on an application for a permit to construct a new accessory building; at; 1) located less than the code required 100 feet from the top of the bluff; 2) located less than the code required minimum front yard setback of 50 feet; located at: 9202 Bridge Lane, (Adj. to Long Island Sound) Cutchogue,NY. SCTM No. 1000-73- 2-3.1. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to CLOSE HEARING AND RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 2:49 P.M. - LEVENT TEMIZ #7557—By Patricia Moore, Attorney. Request for Variances from Article IV, Section 280-18; and the Building Inspector's June 17, 2021 Notice of Disapproval based on an application for a permit to construct additions and alterations to a single family dwelling and attached deck; at 1) located less than the code required minimum side yard setback of 15 feet; 2) located less than the code required minimum combined side yard setback of 35 feet; located at: 57305 County Road 48, (Adj. to Long Island Sound) Greenport,NY. SCTM No. 1000-44-2-3. 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). 2:53 P.M. - CHRISTOPHER T. ASTLEY AND AMY ASTLEY#7561 —By Martin Finnegan, Attorney. Abigail Wickham, Attorney, John Winter and Joseph Fischetti in opposition. Request for Variances from Article III, Section 280-15; Article XXII, Section 280-116A; and the Building Inspector's August 3, 2021 Notice of Disapproval based on an application for a permit to merge two properties, construct an accessory in-ground swimming pool and convert an existing single family dwelling into a cabana/pool house/shed with an attached deck; at; 1) swimming pool located in other than the code required rear yard; 2) cabana/pool house/shed located in other than the code required rear yard; 3) swimming pool is located less than the code Page 6—MINUTES Regular Meeting held November 4, 2021 Southold Town Zoning Board of Appeals required 100 feet from the top of the bluff 4) cabana/pool house/shed is located less than the code required 100 feet from the top of the bluff; located at: 480 and 320 North View Drive, (Adj. to the Long Island Sound) Orient,NY. SCTM No. 1000-13-1-5.2 and 1000-13-1-6. 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 Acampora to set the next Regular Meeting with Public Hearings to be held on Thursday,December 2, 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 October 21, 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 3:45 P.M. Respectfully submi d, Kim E. Fuentes 1) / 1 S /2021 Board Assistant Included by Reference: Filed ZBA Decisions (0) J as Kanes Weisman, Chairperson /2021 Approved for Filing Resolution Adopted RECEIVED Nov ' 9fldr"' 1 n"So hold Town Clerk