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Home My WebLink AboutZBA-01/06/2022 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ®F SO 53095 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 Planamento OI,j•COU Southold,NY 11971 9 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 •Fax(631)765-9064 MINUTES ORGANIZATIONAL MEETING AND REGULAR MEETING THURSDAY, JANUARY 6, 2022 An Organizational Meeting and 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, January 6, 2022 commencing at 8:00 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, Assistant Town Attorney Robert Lehnert, Member 8:10 A.M. Chairperson Weisman called the meeting to order. Vote of the Board: Ayes Members Weisman(Chaerson) Planamento Acampora Dantes and Lehnert. This Resolution was duladopted(5-0).) EXECUTIVE SESSION: 8:10 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 Lehnert. This Resolution was duly adopted (5-0). 9:20 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 LehnertThis Resolution was duly adopted (5-0). Page 2—MINUTES Regular Meeting held January 6, 2022 Southold Town Zoning Board of Appeals ORGANIZATIONAL MEETING: Began at 9:21 A.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes to adopt the 2022 ZBA Procedural Guidelines, Code of Conduct& Guidelines to Open Meetings Law and Ethical Issues, as written. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). The Board reviewed and approved the templates for writing draft decision and reviewed the meeting dates for 2022. The Chairperson appointed Nicholas Planamento for the Vice Chair position of the Board. The Chairperson requested from the Board and Staff consider goals they wish to accomplish for 2022. 10:02 A.M. -A Motion was offered by Chairperson Weisman seconded by Member Acampora, to open the public section of the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0) WORK SESSION: Began at 10:02 A.M. A. Requests from Board Members for future agenda items. B. Discuss additional language on our determinations stating Owner's Responsibility to follow instructions and acknowledge valid dates of their variance relief determination. 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: Nicholas and Aspasia Constantine#7567 Frank and Christine Mangano #7574 Linda and Daniel Lynch#7577 Ws2 Investments, LLC #7575 Rama B. Rao and Eleanor L. Thomas#7578 Peter and Maria Ganley#7581 Jay P. Mandelbaum and Lauren Gordon#7579 Keith and Lynette Kane #7576 Page 3—MINUTES Regular Meeting held January 6, 2022 Southold Town Zoning Board of Appeals Joseph and Deborah Polidora#7583 Thomas and Laura Johnson#7584 The Alexander Fox Stern 1997 Trust#7586 Pants View, LLC #7587 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: DECISION TABLED Marc and Shari Weissbach#7540SE Vote of the Board: Ayes: Members Weisman (Chairperson), Dantes, Acampora, Planamento and Lehnert. This Resolution was duly adopted 5-0Z PUBLIC HEARINGS: 10:04 A.M. - NICHOLAS AND ASPASIA CONSTANTINE #7567 — By Bruce Anderson, Representative. Comments from Phyllis Markopoulos and George Lomaga. Request for Variances from 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 an existing dwelling and to construct a new single family dwelling; at 1) located less than the code required minimum side yard setback of 10 feet on each side; 2) located less than the code required minimum combined side yard setback of 25 feet; located at: 275 Miriam Road, Mattituck,NY. SCTM No. 1000-99-1- 28. 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). 10:31 A.M. - FRANK AND CHRISTINE MANGANO #7574 — By Jennifer Wicks, Representative. Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector's August 13, 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: 370 Sunset Way, Southold,NY. SCTM No. 1000-91-1-7. RESOLUTION: (Please see transcript of written statements prepared under separate Page 4—MINUTES Regular Meeting held January 6, 2022 Southold Town Zoning Board of Appeals 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). 10:39 P.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes to take a short break so that the Justice Court my conduct an arraignment. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:14 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 �Z 11:15 A.M. - LINDA AND DANIEL LYNCH #7577 — By Jennifer Wicks, Representative. Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector's July 1, 2021, Amended September 3, 2021 Notice of Disapproval based on an application to legalize an "as-built" deck addition; at 1) located less than the code minimum required rear yard setback of 35 feet; located at: 2070 Grathwohl Road, New Suffolk, NY. SCTM No. 1000-117-2-14. 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 AND RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:22 A.M. - WS2 INVESTMENTS, LLC #7575—By Martin Finnegan, Attorney. Request for a Variance from Article III, Section 280-15; and the Building Inspector's August 5, 2021 Notice of Disapproval based on an application for a permit to construct a non-habitable accessory garage; at 1) located in other than the code permitted rear yard; located at: East End Road, Fishers Island, NY. SCTM No. 1000-4-6-1. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento to CLOSE HEARING AND RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duladopted (5-0). 11:30 A.M. - RAMA B. RAO AND ELEANOR L. THOMAS #7578 — By Martin Finnegan, Attorney. Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector's July 13, 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 front yard setback of 50 feet; located at: 1725 King Street, Orient,NY. SCTM No. 1000-26-2-43.4. 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 January 6, 2022 Southold Town Zoning Board of Appeals 11:39 A.M. - PETER AND MARIA GANLEY #7581 — by Jennifer Wicks, Representative. Comments from Vince and Katherine Revoli. Request for Variances from Article XXIII, Section 280-124; and the Building Inspector's August 13, 2021 Notice of Disapproval based on an application for a permit to construct additions and alterations and to legalize an"as built"rear deck addition to an existing single family dwelling; at 1) located less than the code minimum required side yard setback of 15 feet; 2) located less than the code minimum required combined side yard setback of 35 feet; located at: 785 Fishermans Beach Road, Cutchogue, NY. SCTM No. 1000- 111-1-31. 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). 11:48 A.M. -JAY P. MANDELBAUM AND LAUREN GORDON#7579—By Martin Finnegan, Attorney, and Jay and Lauren Mandelbaum, Owners. Request for Variances from Article IV, Section 280-18 and the Building Inspector's August 4, 2021 Notice of Disapproval based on an application for a permit to construct a single family dwelling and an accessory raised patio with a hot tub;where, 1)the proposed construction would result in a lot coverage of 31%where the code only permits a maximum lot coverage of 20%, and 2)the proposed raised patio and hot tub would be located partially in the side yard where the code requires accessory structures and buildings must be located in the rear yard;for property located at: 920 Kimberly Lane, Southold,NY. SCTM No. 1000-70-13-20.15. In addition, the property owner seeks to amend Declaration Covenants and Restrictions on the subject property which require the removal of the existing tennis court if a single family dwelling is not constructed within a specific timeframe. 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). 12:22 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 Dantes to reconvene the public hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted PUBLIC HEARING CONTINUED: 1:03 P.M. - KEITH AND LYNETTE KANE#7576—Michael Kimack, Representative. Request for Variances from Article XXIII, Section 280-124; and the Building Inspector's August 23, 2021 Notice of Disapproval based on an application for a permit to legalize the"as built" conversion of the approved screened porch to conditioned habitable space attached to an existing single family Page 6—MINUTES Regular Meeting held January 6, 2022 Southold Town Zoning Board of Appeals dwelling;at 1)located less than the code minimum required side yard setback of 15 feet;2)located less than the code minimum required combined side yard setback of 35 feet; located at: 335 Village Lane, Orient, NY. SCTM No. 1000-25-2-4.13. 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 subject to receipt of additional information. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). 1:19 P.M. - JOSEPH AND DEBORAH POLIDORA #7583 — By Nigel Williamson, Representative. Request for Variances from Article XXIII, Section 280-124; and the Building Inspector's September 13, 2021 Notice of Disapproval based on an application for a permit to construct a one story addition connecting an existing single family dwelling to an existing detached garage; at 1) located less than the code minimum required side yard setback of 15 feet on two sides; 2) located less than the code minimum required combined side yard setback of 35 feet; located at: 1055 Point Pleasant Road, Mattituck,NY. SCTM No. 1000-114-1-1. 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 AND RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0). 1:26 P.M. - THOMAS AND LAURA JOHNSON #7584 — By Sam Fitzgerald, Representative. Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector's September 8, 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 front yard setback of 35 feet; located at: Off Fox Avenue, Fishers Island,NY. SCTM No. 1000-9-1-18. 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). 1:33 P.M. - THE ALEXANDER FOX STERN 1997 TRUST #7586 — By Robert Herrmann, Representative. Request for a Variance from Article XXII, Section 280-116A(1)and the Building Inspector's August 16, 2021 Notice of Disapproval based on an application for a permit to demolish an existing single family dwelling and to construct a new single family dwelling on the existing foundation; at 1) dwelling is located less than the code required 100 feet from the top of the bluff; located at: 63165 County Road 48, Greenport, NY. SCTM No. 1000-40-1-14. 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 dopted (5-0). Page 7—MINUTES Regular Meeting held January 6, 2022 Southold Town Zoning Board of Appeals 1:45 P.M. - PANTS VIEW, LLC #7587 — Robert Herrmann, Representative. Request for Variances from Article XXII, Section 280-116A(1); Article XXIII, Section 124; and the Building Inspector's August 3, 2021 Notice of Disapproval based on an- application to demolish and reconstruct a single family dwelling; at 1)located less than the code required 100 feet from the top of the bluff; 2) located less than the code required side yard setback of 15 feet; 3) more than the code permitted maximum lot coverage of 20%;located at: 2022 Hyatt Road, Southold,NY. SCTM No. 1000-50-1-21. 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). RESOLUTIONS: RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman,seconded by Member Dantes to set the Regular Meeting with Public Hearings to be held on Thursday,February 3,2022, 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 Planamento to approve Minutes from Special Meeting held on Thursday, December 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 Planamento to GRANT a One Year Extension to Henry Hintz, Appeal No. 7234, subject property located at 590 Brook Road, Greenport, NY. SCTM No. 1000-53-1-5. 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 AMEND the language of Condition No. 3 of ZBA Appeal No. 7566 for Michael Kelly, subject property located at 1450 Marlene Lane, Mattituck. SCTM No. 1000-144-2-35, to read as follow: 3. "Installation of a Sanitary System approved by the Suffolk County Department of Health Services. 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 the issuance of a Certificate of Occupancy by the Building Department to Christopher Ariens, ZBA Appeal No. 6875, dated August 20, 2015, subject property located at 433 MacDonald Crossing,Laurel. SCTM No. 1000-145-4-17. 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 GRANT a One Year Extension to First Universalist Church, Special Exception File No. 7123SE, dated February 21, 2019, subject property located at 51970 NYS Route 25, Southold. SCTM No. 1000-63-6-6.1 and 6.2. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 8—MINUTES Regular Meeting held January 6, 2022 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 2:01 P.M. Respectfully su mitted, /// -4a-L— L Kim E. Fuentes /a(7 /2022 Board Assistant Included by Reference: Filed ZBA Decisions (0) ie Kanes W isman, Chairperson / /�2D /2022 Approved for Filing Resolution Adopted mECEIVED ef2 4 4/outhold To Clerk