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Home My WebLink AboutZBA-12/02/2021 BOARD MEMBERS ®f so Southold Town Hall Leslie Kanes Weisman,Chairperson ��+ r�® 53095 Main Road e P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. a0 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®Drell 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, DECEMBER 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, December 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 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 Acampora, Dantes 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 (5-0). 10:05 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 December 2, 2021 Southold Town Zoning Board of Appeals WORK SESSION: Began at 10:12 A.M. A. Requests from Board Members for future agenda items. B. The Chairperson announced the Organization Meeting to be scheduled before the January 6, 2022 Regular Meeting 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: New Suffolk Waterfront Fund#7595 Fishers Island Community Center#7563se Russell Roberts#7564 John and Margaret Krepp#7565 Michael A. and Maureen Kelly#7566 Jonathan Divello #7572 Tamar Holdings, LLC. #7568 Peter J. Maltese and Madeline Joyce Covello #7569 Kimberly Palermo #7570 Steven Cordoves and Michael Gulizio #7562 Juan Acevedo. #7571 North Fork Project, LLC,/Old Mill Inn 47573 Vote of the Board: All. This resolution was duly adopted (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: GRANTED SPECIAL EXCEPTION WITH CONDITIONS: The Enclaves Hotel and Restaurant#7046SE Page 3—MINUTES Regular Meeting held December 2, 2021 Southold Town Zoning Board of Appeals Vote of the Board: Ayes: Members Weisman (Chairperson), Planamento, and Dantes and Lehnert. Nays; Member Acampora. This Resolution was duly adopted (4-1). GRANTED IN PART,DENIED IN PART WITH CONDITIONS: Vincent Bertault#7467 Vote of the Board: Ayes: Members Weisman (Chairperson), Planamento, and Dantes, Acampora and Lehnert. This Resolution was duly adopted (5-0). RELIEF/SPECIAL EXCEPTION DENIED: Vincent Bertault#7468SE Patrick and Diane Severson#7558 Vote of the Board: Ayes: Members Weisman(Chairperson), Planamento, and Dantes, Acampora and Lehnert. This Resolution was duly adopted (5-0). PUBLIC HEARINGS: 10:39 A.M. - NEW SUFFOLK WATERFRONT FUND #7595 — By Patty Lawrey, Representative. Request for a Variance from Article XIX, Section 280-851)(5); and the Building Inspector's June 23,2021,Amend October 12,2021 Notice of Disapproval based on an application for a permit to install a freestanding sign; at 1) located less than the code minimum required 15 feet from the edge of pavement; located at: 650 First Street, (Adj. to Great Peconic Bay) New Suffolk, NY. SCTM No. 1000-117-8-18.1. 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 (5-0). 10:42 A.M. - FISHERS ISLAND COMMUNITY CENTER #7563SE — By John Bennett, Representative. Request for a Special Exception,pursuant to Town Code Article III, Section 280- 13C(15), the applicant is requesting permission for recreational use upon premises accessory to a community center, and to construct two paddle tennis/pickleball courts; located at: Fox Lane, Fishers Island, NY. SCTM#1000-12-1-1.2. 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 ADJOURN HEARING to December 16, 2021. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:01 A.M. - RUSSELL ROBERTS #7564 —By Patricia Moore, Attorney and Russell Roberts, Owner. Comments from Dawn Herd,Neighbor. Request for Variances from Article III, Section 280-15 and Request to Overturn the Building Inspectors July 14, 2021, Amended July 30, 2021 Notice of Disapproval based on an application to construct roof line alterations to an existing accessory structure, and to alter use of the existing accessory structure to an artist studio; at 1) Page 4—MINUTES Regular Meeting held December 2, 2021 Southold Town Zoning Board of Appeals located less than the code required minimum side yard setback of 5 feet; 2) the proposed use in the accessory building is not a permitted accessory use; located at: 1295 Old Harbor Road, (Adj to Cutchogue Harbor)New Suffolk,NY. SCTM No. 1000-117-3-10. 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). 11:24 A.M. - JOHN AND MARGARET KREPP #7565—By Patricia Moore, Attorney,Margaret Krepp,John Krepp, Owners. Comments from Carol Bradley. Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector's July 27, 2021 Notice of Disapproval based on an application for a permit to construct additions and alterations to a single family dwelling and to legalize an accessory shed; at 1) dwelling located less than the code required minimum side yard setback of 15 feet; 2) dwelling located less than the code required minimum combined side yard setback of 35 feet; 3) "as built" shed located less than the coded required minimum side yard setback of 10 feet; located at: 1235 Island View Lane, (Adj. to Shelter Island Sound) Greenport, NY. SCTM No. 1000-57-2-42.8. 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). 11:46 A.M. - MICHAEL A. AND MAUREEN KELLY #7566 — By Michael Kelly, Owner. Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector's August 10. 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: 1450 Marlene Lane, Mattituck, NY. SCTM No. 1000-144-2-35. 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 until December 16, 2021. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0). 12:07 P.M. - JONATHAN DIVELLO #7572—By David DiGiovanni, Representative, Ike Israel, Owner. Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector's August 6, 2021 Notice of Disapproval based on an application for a permit to demolish and reconstruct a single family dwelling; at 1) located less than the code minimum required front yard setback of 35 feet; located at: 255 Corwin Street, Greenport, NY. SCTM No. 1000-48-1-44.2. 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, subject to receipt of additional information. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 12:13 P.M. - TAMAR HOLDINGS, LLC. #7568 — (Member Planamento Recused) By Nigel Williams, Representative. Opposition by Julia Tuthill Mulligan and Diane Ratcher. Request for a Variance from Article III, Section 280-15; and the Building Inspector's August 9, 2021 Notice of Disapproval based on an application for a permit construct an accessory in-ground swimming pool; at 1) located in other than the code required rear yard; located at: 21955 Route 25, Orient, NY. SCTM No. 1000-17-4-23. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, Page 5—MINUTES Regular Meeting held December 2, 2021 Southold Town Zoning Board of Appeals seconded by Member Acampora to CLOSE HEARING AND RESERVE DECISION, subject to receipt of additional information. Vote of the Board: Ayes:All.This Resolution was duly adopted 12:29 P.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes 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 Acampora to reconvene the public hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0 . PUBLIC HEARINGS CONTINUED: 1:03 P.M. - PETER J. MALTESE AND MADELINE JOYCE COVELLO #7569 — By Robert Herrmann, Representative and Peter Maltese, Owner. Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector's July 6, 2021 Notice of Disapproval based on an application for a permit to demolish an existing accessory garage and construct a new accessory garage; at 1) more than the code permitted maximum lot coverage of 20%; located at: 825 Bailey Avenue, Greenport, NY. SCTM No. 1000-34-4-13. 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). 1:16 P.M. - KIMBERLY PALERMO 47570 — By Stephen Kiely, Representative. Opposition from Brian Cameron. Request for Variances from Article III, Section 280-15;Article XXIII, Section 280-124; and the Building Inspector's July 23, 2021 Notice of Disapproval based on an application for a permit to demolish (as per Town Code definition) and reconstruct an existing single family dwelling; at 1) located less than the code minimum required combined side yard setback of 25 feet;2)more than the code permitted maximum lot coverage of 20%; 3) existing hot tub located in other than the code required rear yard; located at: 155 Pinewood Road, Cutchogue, NY. SCTM No. 1000-110-3-2. 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 subject to receipt of additional documents. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:29 P.M. -NORTH FORK PROJECT, LLC,/OLD MILL INN#7573 —By Martin Finnegan and Meryl Kramer, Representatives, and Anthony Moretti, Owner. Support from Doug Cooper. Request for Variances from Article XIII, Section 280-56 and the Building Inspector's June 30, 2021 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing restaurant; at 1) located less than the code minimum required front yard setback of 35 feet; 2) located less than the code minimum required rear yard setback of 25 feet; 3) located less than the code minimum required side yard setback of 25 feet; 4) more than the code Page 6—MINUTES Regular Meeting held December 2, 2021 Southold Town Zoning Board of Appeals permitted maximum lot coverage of 30%; located at: 5775 Mill Road, (Adj. to Mattituck Creek) Mattituck, NY. SCTM No. 1000-106-6-3. 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 (5-01. 2:02 P.M. - STEVEN CORDOVES AND MICHAEL GULIZIO #7562 — By Eileen Rowan, Representative. Opposition by Keith David Greenwald and Katherine Turpey. Request for Variances from Article III, Section 280-15;Article XXIII, Section 280-124; and the Building Inspector's May 17, 2021 Notice of Disapproval based on an application for a permit to demolish and reconstruct a single family dwelling with attached deck and to install an accessory in-ground swimming pool; at 1)located less than the code minimum required combined side yard setback of 15 feet on two sides; 2) located less than the code minimum required combined side yard setback of 35 feet; 3) more than the code permitted maximum lot coverage of 20%; 4) the proposed swimming pool located in other than the code required rear yard;located at: 525 Island View Lane, (Adj.to Shelter Island Sound) Greenport,NY. SCTM No. 1000-57-2-26. 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). 2:26 P.M. - JUAN ACEVEDO. #7571 —By Juan Acevedo, Owner. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's August 9,2021 Notice of Disapproval based on an application for a permit to legalize an"as-built"wood deck attached to a single family dwelling; at 1) located less than the code minimum required rear yard setback of 10 feet; located at: 2775 County Road 48, Mattituck, NY. SCTM No. 1000-141-2-11. 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. -DAVID AND LISA CIFARELLI#7551 —(Adj.from November 4,2021)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 Dantes to CLOSE HEARING AND RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted (L-01. Page 7—MINUTES Regular Meeting held December 2, 2021 Southold Town Zoning Board of Appeals RESOLUTIONS: RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Dantes to set the Organizational Meeting beginning at 9:00 A.M. and the next Regular Meeting with Public Hearings to be held Thursday, January 6, 2022, at 10:00 A.M. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Dantes to approve Minutes from Special Meeting held November 18, 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 2:37 P.M. Respectfully sub itte Kim E. Fuentes 2 / /(� /2021 Board Assistant Included by Reference: Filed ZBA Decisions (4) 6;eslie Kanes Weisman, Chairperson 6 /2021 Approved for Filing Resolution Adopted RECEIVE d' DEC 2 1 202'1/ S uthold Tovun Clerk 1