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Home My WebLink AboutZBA-03/03/2022 BOARD MEMBERS �F SOSouthold Town Hall Leslie Kanes Weisman,Chairperson O�� yam- 53095 Main Road•P.O.Box 1179 O Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. • yOQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento lif'Cou 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, MARCH 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, March 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, Office Assistant Robert Lehnert, Member John Burke, Assistant Town Attorney Eric Dantes, Member Brian Sokoloff, Sokoloff Stern, LLP Aaron Smallets, Sokoloff Stern, LLP 9:01 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).) At 9:00 A.M., the Justice Court conducted arraignments in the Meeting Hall. Executive Session of the Board was moved to the Supervisor's Conference Room. EXECUTIVE SESSION: 9:01 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 Acampora and Lehnert. This Resolution was duly adopted(4-0). Page 2—MINUTES Regular Meeting held March 3, 2022 Southold Town Zoning Board of Appeals 10:22 A.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora to exit Executive Session. Vote of the Board: Ayes: Members Weisman (Chairperson), Dantes Planamento, Acampora and Lehnert. This Resolution was duly adopted (5-0). 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 (5-0) WORK SESSION: Began at 10:22 A.M. A. Requests from Board Members for future agenda items. B. Discussed resolutions for extensions and de minimus approvals. C. The Board reviewed proposed demolition language to be used on determinations. 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: Frederic C. Scofield, Jr. (Grantor Rev. Intervivo Trust) #7588 Sheena Acharya and Adrian Sapollnik#7599 John and Beth Wittenberg#7596 Neil A. and Sandra Rousso#7597 Shannon Holdings II, LLC #7600 Kathleen M. Becker Living Trust#7601 Glenn and Margaret Solomon 47602 W. Jonathan Fabb/WJF Farms, LLC #7604 Jeannette and Jeffery Wilke#7605 Bridget Clark Rymer#7603 SE Donya Kaufer O'Brien#7606 Vote of the Board: All. This resolution was duly adopted (5-0). Page 3—MINUTES Regular Meeting held March 3, 2022 Southold Town Zoning Board of Appeals PUBLIC HEARINGS: 10:25 A.M. - FREDERIC C. SCOFIELD, JR. (GRANTOR REV. INTERVIVO TRUST) #7588 By Robert Herrmann and Meryl Kramer, Representatives. Opposition by Vincent Bertault. Request for a variance from 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 additions and alterations to a single family dwelling; at 1) located less than the code required minimum secondary front yard setback of 20 feet; located at: 2355 Village Lane, Orient, NY. SCTM No. 1000-26-1-13. 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). 10:41 A.M. - SHEENA ACHARYA AND ADRIAN SAPOLLNIK 47599—By Robert Herrmann, Representative. Request for variances from Article XXII, Section 280-116A(1); Article XXIII, Section 280-124;and the Building Inspector's October 1,2021,Amended October 14,2021 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling and install a gunite spa/hot tub; at 1) dwelling located less than the code required minimum front yard setback of 40 feet; 2) more than the code permitted maximum lot coverage of 20%; 3) spa is located less than the code required 100 feet from the top of the bluff, located at: 645 Glen Court, (Adj. to the Long Island Sound) Cutchogue, NY. SCTM No. 1000- 83-1-7. 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). 10:53 A.M. - JOHN AND BETH WITTENBERG#7596—By Beth Wittenberg, Owner. Request for a variance from Article 111, Section 280-15; and the Building Inspector's September 30, 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: 3608 Old North Road, Southold, NY. SCTM No. 1000-55-2-25.5. 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 (5-0). 10:56 A.M. -NEIL A. AND SANDRA ROUSSO #7597—by Larry Buscemi, Representative. Request for a variance from Article III, Section 280-14; and the Building Inspector's August 12, 2021 Notice of Disapproval based on an application for a permit to construct a new single family dwelling; at 1) located less than the code required minimum front yard setback of 60 feet; located at: 1700 Alvahs Lane, Cutchogue,NY. SCTM No. 1000-102-4-7.2. 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 ADJOURN HEARING TO MARCH 17, 2022. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0). Page 4—MINUTES Regular Meeting held March 3, 2022 Southold Town Zoning Board of Appeals 11:14 A.M. - SHANNON HOLDINGS II, LLC #7600—By Lisa Poyer, Representative. Request for a variance from Article IV, Section 280-18; and the Building Inspector's September 212021, Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling 1) located less than the code required minimum side yard setback of 15 feet; located at: 34685 NYS Route 25, Orient, NY. SCTM No. 1000-19-2-6.1. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to CLOSE HEARING and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:19 A.M. - KATHLEEN K. BECKER LIVING TRUST #7601 — By Barbara Cohen, Representative. 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 construct additions and alterations to an existing single family dwelling 1) located less than the code required minimum rear yard setback of 35 feet; located at: 154 King Street, (Adj. to Orient Harbor) Orient, NY. SCTM No. 1000-26-2-3. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to CLOSE HEARING and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:30 A.M. - GLENN AND MARGARET SOLOMON #7602 — By Sam Fitzgerald, Representative. Request for variances from Article XXIII, Section 280-124; and the Building Inspector's October 15,2021 Notice of Disapproval based on an application for a permit to rebuild an existing single family dwelling destroyed by fire; 1) located less than the code required minimum secondary front yard setback of 25 feet; 2) located less than the code required minimum rear yard setback of 50 feet; located at: 358 Ark Hill Road (Private Road off of East End Road), Fishers Island, NY. SCTM No. 1000-9-1-4. 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). 11:43 P.M. Motion was offered by Chairperson Weisman, seconded by Member Lehnert to take a lunch break. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-01 1:00 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 PUBLIC HEARING CONTINUED: 1:00 P.M. - W. JONATHAN FABB/WJF FARMS, LLC #7604 — By William Fabb, Owner. Request for a variance from Article III, Section 280-14; and the Building Inspector's November 1, 2021 Notice of Disapproval based on an application for a permit to construct an agricultural Page 5—MINUTES Regular Meeting held March 3, 2022 Southold Town Zoning Board of Appeals pole barn/shed at; 1) shed located less than the code required minimum side yard setback of 10 feet; located at: 12595 Oregon Road, Cutchogue, NY. SCTM No. 1000-83-2-12.7. 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). 1:10 P.M - JEANNETTE AND JEFFERY WILKE #7605 — By Eileen Wingate, Representative. Request for a variance from Article XXIII, Section 280-124; and the Building Inspector's November 4, 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 15 feet; located at: 3380 Oaklawn Avenue, Southold,NY. SCTM No. 1000-70-5-49.4. 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. - BRIDGET CLARK RYMER #7603SE — By Bridget Rymer, and Josefa Simon, Owners,Robert Eliodiodytos in support. 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: 7825 Soundview Avenue, Southold,NY. SCTM#1000-59-6-15. 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). 1:49 P.M. - DONYA KAUFER O'BRIEN #7606 — By Patricia Moore, Attorney; Donya Kaufer O'Brien,Owner. Opposition from Wayne Sailor. Request for a Variance from Article III, Section 280-13 (C) and Request to Overturn the Building Inspectors October 15, 2021 Notice of Disapproval based on an application to legalize an as-built conversion of an existing accessory garage to an artist studio; at 1) the proposed use in the accessory building is not a permitted accessory use; located at: 2500 Grand Avenue, Mattituck, NY. SCTM No. 1000-107-2-16. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento to CLOSE HEARING and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0) 2:23 P.M. —JAY P. MANDELBAUM AND LAUREN GORDON #7579 —By Martin Finnegan, Attorney. (Reopened January 20, 2022) 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 Page 6—MINUTES Regular Meeting held March 3, 2022 Southold Town Zoning Board of Appeals 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 Lehnert to CLOSE HEARING and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-01. 2:40 P.M. -VINCENT BERTAULT#7580—By Eric Bressler,Attorney;Vincent Bertault,Owner; Gary O'Connor,representative. Opposition from Martha Reichert,Attorney,Freddi Wachsberger, Tim Frost, Robert Harper, Barbara Cohen, Charles Dane, (Adjourned from February 3, 2022) 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 CLOSE PUBLIC HEARING and ADJOURN MATTER FOR WRITTEN COMMENT UNTIL MARCH 17, 2022. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). RESOLUTIONS: A. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Lehnert to set the Regular Meeting with Public Hearings to be held on Thursday, April 7,2022, at 10:00 A.M. Vote of the Board: Ayes: All. This Resolution was duly adpted 5-0 . B. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Planamento to approve Minutes from Special Meeting held on Thursday, February 17, 2021. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). C. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Lehnert to GRANT a Second One-Year Extension to SV Greenport, #7137, 58775 County Route 48, Greenport, SCTM No. 1000-44-2-20. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). D. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Dantes to GRANT an Extension of Variance Conditions, #7357 Arcara/Scopellite, 3905 Well Avenue, Peconic, SCTM No. 1000-86-2-14. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). E. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Planamento to Approve Correcting ZBA decision#7563SE, Fishers Island Community Center, to eliminate condition 5 and 6. Located at Fox Lane, Fishers Island,NY SCTM No. 1000-12-1-1.2. Vote of the Board: Ayes: All. This Resolution was duly adopted (L_02 Page 7—MINUTES Regular Meeting held March 3, 2022 Southold Town Zoning Board of Appeals F. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Acampora To Grant a DeMinimus Approval to Scott and Lori Rosen, located at 850 Luptons Point Road, Mattituck, SCTM No. 1000-115-11-16. 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 4:05 P.M. Respectfully sub tted, J Kim E. Fuentes �3 /,Z /2022 Board Assistant Ttesalie by Reference: fled ZBA Decisions (0) anes Weisman, Chairpersonaj /Zl /2022 Approved for Filing Resolution Adopted RECEIVED & Yb, ` LLMA 2 4 2022 r�