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Home My WebLink AboutZBA-02/03/2022 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 s� Town Annex/First Floor, Robert Lehnert,Jr. ® �Q 54375 Main Road(at Youngs Avenue) Nicholas Planamento IyCOUNTY 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, FEBRUARY 3, 2022 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, February 3, 2022 commencing at 9:00 A.M. Present were: Leslie Kanes Weisman, Chairperson Kim Fuentes, Board Assistant Nicholas Planamento, Vice Chair Elizabeth Sakarellos, Office Assistant _Patricia Acampora, Member Donna Westermann,!, _ j Office Assistant Robert Lehnert, Member John Burke, Assistant Town Attorney John Jarski, Senior Building Inspector 9:10 A.M. Chairperson Weisman called the meeting to order. Vote of the Board: Ayes: Members Weisman (Chairperson), Planamento, Acampora, and Lehnert. This Resolution was duly adopted 4-0).) EXECUTIVE SESSION: 9:10 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 Acampora and Lehnert. This Resolution was duly adopted �LZ 10:23 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 Acampora and Lehnert. This Resolution was duly adopted (4-0). Page 2—MINUTES Regular Meeting held February 3, 2022 Southold Town Zoning Board of Appeals 10:23 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 (4-0) WORK SESSION: Began at 10:23 A.M. A. Requests from Board Members for future agenda items. B. Discussed potential training meetings involving ZBA Member and Board of Trustees Members. C. Communicate with Board of Trustees about ZBA decisions. 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: Allan Karen#7582 Gregory Tuck#7585 HSA Holdings, LLC 47589 Amnon and Kathleen Bar-Tur#7593 David Pugh and Tina Silvestri#7590 John and Lynn Scott#7594 11900 Oregon Road, LLC #7591 Catherine Hovey#7592 Vincent Bertault#7580 Fishers Island Community Center#7563SE Fishers Island Community Center, Inc. #7621 Vote of the Board: All. This resolution was duly adopted (4-0). 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: Page 3—MINUTES Regular Meeting held February 3, 2022 Southold Town Zoning Board of Appeals RELIEF DENIED Marc and Shari Weissbach#7540SE _Vote of the Board: Ayes: Members Weisman (Chairperson), Acampora, Planamento and Lehnert. This Resolution was duly adopted (4-0). PUBLIC BEARINGS: 10:26 A.M. - ALLAN KAREN #7582 — By Anthony Portillo, Representative. Questions from David Olivera. Request for a Variance from Article I1I, Section 280-15; and the Building Inspector's August 23 2021 Notice of Disapproval based on an application for a permit to construct an accessory garage; at 1) located in other than the code permitted rear yard; located at: 350 Richmond Road East, Southold, NY. SCTM No. 1000-135-3-9. 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 fA__02 10:40 A.M. - GREGORY TUCK#7585 —By Eileen Wingate, Representative and Gregory Tuck, Applicant. Request for Variances from Article III, Section 280-15; and the Building Inspector's July 20,2021 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool and an accessory pool house; at 1) Swimming Pool is located in other than the code permitted rear yard; 2) Pool House is located in other than the code permitted rear yard; located at: 8402 Soundview Avenue, Southold, NY. SCTM No. 1000-59-7-29.5. 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 CLOSE HEARING Subject to receipt of an Updated Survey. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0) 10:51 A.M. - HSA HOLDINGS, LLC#7589—By Robert Herrmann, Representative. Opposition by Charles Cuddy, Barbara Swahn and Peter Swahn. Request for Variances from Article IV, Section 280-18; and the Building Inspector's August 24, 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 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: 2000 Park Avenue, (Adj. to Great Peconic Bay)Mattituck,NY. SCTM No. 1000-123-8-7. 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 Subject to receipt of additional information. Vote of the Board: Ayes: All. This Resolution was dull adopted (4-0). 11:11 A.M. - AMNON AND KATHLEEN BAR-TUR #7593— By Robert Herrmann, David Kreigel, Representatives. Questions received from Lance Jensen. 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 demolish an existing accessory garage; and Page 4—MINUTES Regular Meeting held February 3, 2022 Southold Town Zoning Board of Appeals elevate, relocate and construct additions and alterations to an existing single family dwelling; at 1) located less than the code minimum required rear yard setback of 35 feet; located at: 170 Bay Lane, (Adj. to Orient Harbor) Orient, NY. SCTM No. 1000-24-2-26.4. 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 (4-0j 11:28 A.M. - DAVID PUGH AND TINA SILVESTRI #7590 — By Martin Finnegan, Attorney. Request for a variance from Article XXIII, Section 280-124; and the Building Inspector's July 21, 2021 Notice of Disapproval based on an application for a permit to construct additions and alterations to a single family dwelling; at 1) located less than the code required minimum front yard setback of 40 feet; located at: 545 Ryder Farm Lane, Orient,NY. SCTM No. 1000-15-4-9.1. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to CLOSE HEARING and RESERVE DECISION. Vote of the Board: Ay_ es: All. This Resolution was duly adopted (4-0j 11:41 A.M. -JOHN AND LYNN SCOTT#7594—By Robert Herrmann,Representative. (Member Planamento Recused). Support from Dave Chicanowitz. Opposition from Niko Theodosopoulos. Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector's August 25, 2021 Notice of Disapproval based on an application for a permit to demolish (as per Town Code definition)and reconstruct a single family dwelling;at 1)located less than the code minimum required combined side yard setback of 35 feet; located at: 495 Parish Drive, (Adj to Peconic Bay) Southold, NY. SCTM No. 1000-71-1-5. 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 CLOSE HEARING and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0j, 11:51 A.M. - 11900 OREGON ROAD,LLC#7591 —By Abigail Wickham,Attorney. Request for a variance from Article XV, Section 280-62C; and the Building Inspector's June 30, 2021, Amended July 13, 2021 Notice of Disapproval based on an application for a permit to construct alterations to an existing single family dwelling to create two accessory apartments; at 1) the proposed accessory use is not permitted; located at: 11900 Oregon Road, Cutchogue,NY, SCTM No. 1000-83-3-5.3. 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 (4-0). 12:14 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). 1:05 P.M. Motion was offered by Chairperson Weisman, seconded by Member Lehnert to reconvene the public hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted 4-0 . Page 5—MINUTES Regular Meeting held February 3, 2022 Southold Town Zoning Board of Appeals PUBLIC HEARING CONTINUED: 1:05 P.M. - CATHERINE HOVEY #7592 — By William Scherer, Representative. Request for variances from Article XXII, Section 280-116A(1); Article XXIII, Section 280-124; and the Building Inspector's August 19, 2021 Notice of Disapproval based on an application for a permit to construct a deck addition,with a partially recessed hot tub,to an existing 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 minimum side yard setback of 15 feet; 3) located less than the code required minimum combined side yard setback of 35 feet located at: 5775 Nassau Point Road, (Adj. to Little Peconic Bay) Cutchogue, NY. SCTM No. 1000-111-13-5. 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 ADJOURN HEARING TO FEBRUARY 17, 2022. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 1:18 P.M. - VINCENT BERTAULT #7580— By Eric Bressler, Attorney, Gary O'Connor, Architect. Testimony from John Jarski, Senior Building Inspector. Opposition from Martha Reichart, Tim Frost, Mimi Edelman, Richard Hoblok, Evan Lewis, Liz Welch, Freddie Wachsberger, Clifford Cohen, Ellen McNeilly, Lawrence Bernstein, Robert Harper, Marcia Sheldon, and Charles Dane. Request to reverse a Stop Work Order issued by the Building Inspector on August 24, 2021, pursuant to Chapter 144, Section 144-8, for construction beyond the scope of Building Department Permit#44198; 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 Lehnert to ADJOURN HEARING TO MARCH 3,2022. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 3:17 P.M. -FISHERS ISLAND COMMUNITY CENTER#7563 SE—(Adjourned from December 2, 2021) By John Bennett, Attorney, and Elizabeth Reed. 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 Planamento to CLOSE HEARING and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 3:17 P.M. — FISHERS ISLAND COMMUNITY CENTER, INC. 47621 — By John Bennett, Attorney, and Elizabeth Reed. Request for Variances from Article III, Section 280-15; and the Building Inspector's December 8,2021 Notice of Disapproval based on an application for a permit to construct two accessory paddle tennis courts; at 1) located in other than the code permitted rear yard; 2) side guard rails and nets exceed the maximum allowed height of 18 feet; 3)more than the code permitted maximum lot coverage of 10%; located at: Fox Lane, Fisher's Island,'NY. SCTM No. 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 Planametno to CLOSE HEARING and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Page 6—MINUTES Regular Meeting held February 3, 2022 Southold Town Zoning Board of Appeals RESOLUTIONS: A. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Planamento to set the Regular Meeting with Public Hearings to be held on Thursday,March 3, 2022, at 10:00 A.M. Vote of the Board: Ayes: All. This Resolution was duly adopted(4-0). B. RESOLUTION ADOPTED: Motion was offered by Chairperson'Weisman, seconded by Member Lehnert to approve Minutes from Special Meeting held on Thursday, January 20, 2021. Vote of the Board: Ayes: All. This Resolution was duly adopted 4-0Z C. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Planamento to GRANT a one-year extension to Hound Lane, LLC,Appeal No. 7237, located at 311 Hound Lane Fishers Island NY. SCTM: 1000-12-1-7.1. Vote of the Board: Ayes: All. This Resolution was duly adopted(4-0 . D. RESOLUTION ADOPTED : Motion was offered by Chairperson Weisman, seconded by Member;Acampora To GRANT a one-year extension to Frank and Paula Doka, Appeal No. 7227, located at 755 Lupton Point Road, Mattituck. SCTM No. 1000-115-11-4.1. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 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 ubm' ed, ✓l, Kim E. Fuentes t7 /2022 Board Assistant Included by Reference: Filed ZBA Decisions (1) lie Kanes Weisman, Chairperson /2022 RECEIVED _ Approved for Filing Resolution Adopted p}pyo { y lN� ASOUA0 _ Own-- -w- - 21