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Home My WebLink AboutZBA-04/07/2022 BOARD MEMBERS OF SOUr Southold Town Hall Leslie Kanes Weisman,Chairperson �� yo 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. • �� 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, APRIL 7, 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, April 7, 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 9:01 A.M. Chairperson Weisman called the meeting to order. Vote of the Board: Ayes: Members Weisman(Chairperson), Dantes, Planamento, Acampora, and Lehnert. This Resolution was duly adopted (5-0).) 7�,ti X 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) Dantes Planamento Acampora and LehnertThis Resolution was duly adopted (5-0). 9:47 A.M. Motion was offered by Chairperson Weisman, seconded by Member Lehnert to exit Executive Session. Vote of the Board: Ayes: Members Weisman(Chairperson), Dantes, Planamento Acampora and Lehnert. This Resolution was duly adopted (5-0). Page 2—MINUTES Regular Meeting held April 7, 2022 Southold Town Zoning Board of Appeals 10:05 A.M. - A Motion was offered by Chairperson Weisman seconded by Member Planamento,. to open the public section of the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). The open meeting began with the Pledge of Allegiance, and then the Board Members and all those present held a Moment of Silence for the Citizens of Ukraine. 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 C. Thomas Annicq#7612 was Withdrawn via email correspondence by applicant's representative on April 6, 2022. D. Request from Tartaglia/Howell, Appeal No. 7396, located at 55255 North Road, Greenport, for a 3rd three (3)month extension. A letter has been drafted to grant extension. 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 (SEAR) 6 NYCRR, Part 617.5 (c) including the following: Christopher Thirkield#7608 Bay Beach, LLC #7609 Michael Kasper#7610 Donna Belvedere#7611 Thomas Annicq 47612 - Withdrawn Kim Ulmet#7613 Colleen Krupski#7614 Andres and Marissa Garcia#7615 John Carter and Catherine Samaan#7634 William C. Goggins and Donna M. Goggins #7649 Katherine Hubbard#7607SE Douglas McGahan#7653 -Vote of the-Board: All. This resolution was duly adopted (5-0). Page 3—MINUTES Regular Meeting held April 7, 2022 Southold Town Zoning Board of Appeals DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: RELIEF DENIED IN PART, GRANTED IN PART: JAY P. MANDELBAUM AND LAUREN GORDON#7579 RELIEF DENIED VINCENT BERTAULT#7580 PUBLIC HEARINGS: 10:15 A.M. - CHRISTOPHER THIRKIELD #7608 — By Michael Kimack, Representative. Request for variances from Article III, Section 280-15; Article XXIII, Section 280-124, and the Building Inspector's September 2,2021 Notice of Disapproval based on an application for a permit to legalize an accessory garage and roof over rear patio attached to an existing single family; at 1) located less than the code required minimum rear yard setback of 5 feet; 2) located less than the code required minimum side yard setback of 5 feet; 3)more than the code permitted maximum lot coverage of 20%; located at: 705 Captain Kidd Drive, Mattituck, NY. SCTM No. 1000-106-5-8. 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). 10:29 A.M. - BAY BEACH, LLC #7609 —By Robert Herrmann, Representative. Request for a variance from Article XXIII, Section 280-124; and the Building Inspector's October 27, 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: 1055 Bay Home Road, Southold, NY. SCTM No. 1000-56-5-35. 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- 10:37 A.M. - MICHAEL KASPER#7610—By Meri Rose Reilly, Representative. Request for a variance from Article III, Section 280-15; and the Building Inspector's October 22, 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: 735 Gin Lane, Southold, NY. SCTM No. 1000=88-4-7. 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 the submission of prior decisions. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 4—MINUTES Regular Meeting held April 7, 2022 Southold Town Zoning Board of Appeals 10:45 A.M. - DONNA BELVEDERE #7611 — By Fred Weber, Representative. Request for a variance from Article XXIII, Section 280-124; and the Building Inspector's November 17, 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: 605 Eastwood Drive, Cutchogue, NY. SCTM No. 1000-110-3-21. 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). 10:50 A.M. - KIM ULMET#7613—By Kim Ulmet, Owner. Request for Variances from Article XXIII, Section 280-124; and the Building Inspector's December 7, 2021 Notice of Disapproval based on an application for a permit to construct a covered front porch and screened porch additions to an existing single family dwelling,at; 1) located less than the code required minimum secondary front yard setback of 20 feet; 2) located less than the code required minimum rear yard setback of 35 feet; 3)more than the code permitted maximum lot coverage of 20%;located at 8385 Great Peconic Bay Blvd, Laurel, NY. SCTM No. 1000-126-9-25. 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). 11:00 A.M. - COLLEEN KRUPSKI #7614— By Amos Meringer and Albert Krupski, Representatives. Request for a Variance from Article III, Section 280-15; and the Building Inspector's December 10, 2021 Notice of Disapproval based on an application for a permit to construct a single family dwelling, at; 1) resulting in an existing accessory barn located in other than the code permitted rear yard; 2760 Skunk Lane, Cutchogue,NY. SCTM No. 1000-97-8-31.6. 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). 11:10 A.M. - ANDRES AND MARISSA GARCIA #7615— By Martin Finnegan, Attorney. Request for a Variance from Article III, Section 280-15; and the Building Inspector's January 11, 2022 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 minimum rear yard setback of 10 feet; located at 380 Garden Court, Southold,NY. SCTM No. 1000-63-7-17.7. 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 ADJOURN THE HEARING TO APRIL 21 2022 SPECIAL MEETING. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0). 11:26 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). 1:05 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(5-0). Page 5—MINUTES Regular Meeting held April 7, 2022 Southold Town Zoning Board of Appeals PUBLIC HEARING CONTINUED: 1:05 P.M. — JOHN CARTER AND CATHERINE SAMAAN #7634 — By Catherine Samaan, Owner. Request for a variance from Article III, Section 280-15 and the Building Inspector's January 13, 2022 Notice of Disapproval based on an application for a permit to construct an accessory swimming pool; at 1) located in other than the code permitted rear yard; located at: 125 Broadwaters Road, Cutchogue, NY. SCTM No. 1000-104-12-8.2. 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. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). 1:11 P.M. — WILLIAM C. GOGGINS AND DONNA M. GOGGINS #7649—William Goggins, Owner. Request for a Variance from Article XXIII, Section 280-124;and the Building Inspector's December 3, 2021 Amended January 11, 2022 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: 2000 Jackson Street, New Suffolk, NY. SCTM No. 1000-117-10-17. 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 subject the submission of corrected information and prior comparable decisions. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:22 P.M. - KATHERINE HUBBARD #7607SE— By Patricia Moore, Attorney and Katherine Hubbard, Owner. 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: 2465 Elijahs Lane,Mattituck,NY. SCTM#1000- 108-4-7.14. 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 THE HEARING TO MAY 5, 2022. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 2:02 P.M. — DOUGLAS MCGAHAN #7653 — By Douglas McGahan, Owner. Request for a Variance from Article IV, Section 280-15;and the Building Inspector's February 17,2022 Notice of Disapproval based on an application for a permit to legalize an"as built" accessory building at; 1) located less than the code required minimum side yard setback of 10 feet; located at: 1820 Stillwater Avenue, Cutchogue, NY. SCTM No. 1000-103-7-11. 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: A. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Acampora to set the Regular Meeting with Public Hearings to be held on Thursday, May 5, 2022, at 10:00 A.M. Vote of the Board: Ayes: All. This Resolution was duly adgpted tL0�. Page 6—MINUTES Regular Meeting held April 7, 2022 Southold Town Zoning Board of Appeals B. RESOLUTION ADOPTED: Motion was offered by' Chairperson Weisman, seconded by Member Lehnert to approve Minutes from Special Meeting held on Thursday,March 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 Dantes to GRANT a One Year Extension to Appeal No. 7210, Charlotte Greene and Joanna Lomas, located at 5000 Stephenson Road, Orient,NY. SCTM No. 1000-17-1-6. 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 2:09 P.M. Respectfully submitted, Kim E. Fuentes /,9-) /2022 Board Assistant Includ by Reference: Filed ZBA Decisions (2) Leslie Kanes Weisman, Chairperson /2022 Approved for Filing Resolution Adopted RECEIVED A 22 thotS o te trk