HomeMy WebLinkAboutZBA-05/05/2022 BOARD MEMBERS ®f so Southold Town Hall
Leslie Kanes Weisman,Chairperson �� �°® 53095 Main Road•P.O.Box 1179
Southold,NY 11971-0959
Patricia Acampora s Office Location:
Eric Dantes Town Annex/First Floor,
Robert Lehnert,Jr. a® 54375 Main Road(at Youngs Avenue)
Nicholas Planamento C®UTil 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, MAY 5, 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 1.1971-0959, and also
accessible via Zoom Webinar Portal on Thursday, May 5, 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
9:04 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).)
EXECUTIVE SESSION:
9:04 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)
10:04 A.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento 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 May 5, 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 10:11 A.M.
A. Requests from Board Members for future agenda items.
B. Discussed resolutions for extensions and de minimus approvals.
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:
Pequot Point, LLC#7616
Glen J.Norton#7624
Paul Levi and Raffaella Ceriello #7617
Christos Verveniotis#7640
Kim W. Tetrault and Kim M. Randall #7625
Mark Riesenfeld#7620
Joy T. Sieger and Timothy R. Sieger#7622
Sand Lennox, LLC #7619
SV Greenport LLC, DBA Sound View Greenport#7630
SV Greenport LLC, DBA Sound View Greenport#7630
SV Greenport LLC, DBA Sound View Greenport#7631
Richard and Suzanne Rothwell#7623
Estate of Charlotte Penza#7618
Modern Age Home Builders#7662
Vote of the Board: All. This resolution was duly adopted (5-0).
Page 3—MINUTES
Regular Meeting held May 5, 2022
Southold Town Zoning Board of Appeals
POSSIBLE RESOLUTION TO CLOSE THE FOLLOWING HEARINGS:
KATHERINE HUBBARD #7607SE— (Adjourned from April 7, 2022) Applicant requests a
Special Exception under Article III, Section 280-1.3B(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: A
motion was offered by Chairperson Weisman, seconded by Member Dantes to ADJOURN THE
HEARING to May 19 2022 Special Meeting,. Vote of the Board: Ayes: All. This Resolution was
duly adopted (5-0).
PUBLIC HEARINGS:
10:14 A.M. -PEQUOT POINT, LLC#7616—By Stephen Ham, Attorney. Request for Variances
from Article III, Section 280-15; Article XXII, Section 280-116A(1); and Building Inspector's
October 15,2021 Notice of Disapproval based on an application for a permit to construct additions
and alterations to an existing single family dwelling and to construct a new accessory garage, at;
1) dwelling is located less than the code required 100 feet from the top of the bluff; 2) garage is
located in other than the code permitted rear yard; located at East End Road/2875 Castle Road,
(Adj. to Block Island Sound) Fishers Island,NY. SCTM No. 1000-5-2-10.12. 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.
10:17 A.M. - GLEN J. NORTON #7624 — By Stephen Ham, Attorney. Request for Variances
from Article XXIII, Section 280-124; and Building Inspector's December 27, 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 rear yard setback of 60 feet;
2) located less than the code required minimum side yard setback of 20 feet; located at 396 Alpine
Avenue, #356, Fishers Island, NY. SCTM No. 1000-9-5-17. 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 and
RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted(5=0).
10:23 A.M. -PAUL LEVI AND RAFFAELLA CERIELLO#7617 By Patricia Moore,Attorney
and Raffiella Ceriello, Owner. Request for a Variance from Article XXIII, Section 280-124; and
the Building Inspector's November 12, 2021 Notice of Disapproval based on an application for a
permit to legalize an existing wood deck with roof covering attached to a single family dwelling,
at; 1) located less than the code required minimum side yard setback of 15 feet; located at 405
Arshamomaque Avenue, Southold,NY. SCTM No. 1000-56-2-16. RESOLUTION: (Please see
transcript of written statements prepared under separate cover.) After receiving testimony,motion
was offered by Chairperson Weisman, seconded by Member Dantes to CLOSE-HEARING and
RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
Page 4—MINUTES
Regular Meeting held May 5, 2022
Southold Town Zoning Board of Appeals
10:30 A.M. — CHRISTOS VERVENIOTIS #7640 — By Patricia Moore, Attorney and Christos
Verveniotis, Owner. Request for a Variance from Article XXII, Section 280-1051)(4); and
Building Inspector's January 10, 2022 Notice of Disapproval based on an application for a permit
to legalize an "as built" deer fence at; 1) deer fencing is prohibited in or along the front yard or
primary front yard of any property; 4960 Horton Lane, Southold, NY. SCTM No. 1000-54-3-
21.4. 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).
10:46 A.M. - KIM W. TETRAULT AND KIM M. RANDALL#7625 —By Kim Tetrault, Owner,
and Patricia Moore. Request for a Variance from Article XXII, Section 280-105.1)(4); and
Building Inspector's January 10, 2022 Notice of Disapproval based on an application for a permit
to legalize an "as-built" deer fence at; 1) deer fencing is prohibited in or along the front yard or
primary front yard of any property; located at 4650 Horton Lane, Southold,NY. SCTM No. 1000-
54-3-21.2. 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 May 19, 2022. Vote of the.Board: Ayes: All.
This Resolution was duly adopted(5-0).
10:59 A.M.-MARK RIESENFELD#7620—By Mark Riesenfeld,Owner. Request for a Variance
from Article X, Section 280-45C and Building Inspector's December 8, 2021 Notice of
Disapproval based on an application for a permit to convert an existing accessory barn to an
accessory artist studio/workshop at; 1)the proposed use in the accessory building is not a permitted
accessory use; located at 800 Village Lane, Orient, NY. SCTM No. 1000-25-1-15.
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 revised plans. Vote of the Board: Ayes: All.
This Resolution was duly pted(5-0).
11:21 A.M. - JOY T. SIEGER AND TIMOTHY R. SIEGER #7622 — By Scott DeSimone,
Attorney. Request for a Variance from Article III, Section 280-15; and Building Inspector's
December 3, 2021 Notice of Disapproval based on an application for a permit to legalize an as-
built accessory wood trellis at; 1) located less than the code required minimum side yard setback
of 10 feet; located at 41780 NYS Route 25, Peconic, NY. SCTM No. 1000-86-1-7.
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).
11:31 A.M. - SAND LENNOX, LLC #7619 —By Michael Kimack,Representative. Request for
a Variance from Article XXII, Section 280-116A(1) and Building Inspector's November 19, 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 100 feet from
Page 5—MINUTES
Regular Meeting held May 5, 2022
Southold Town Zoning Board of Appeals
the top of the bluff; 2) located less than the code required minimum front yard setback of 40 feet;
located at 1450 Salt Marsh Lane, (Adj. to Long Island Sound) Peconic,NY. SCTM No. 1000-68-
3-1. 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).
12:00.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 Dantes to
reconvene the public hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0).
PUBLIC HEARINGS (CONTINUED):
1.07 P.M. - SV GREENPORT, LLC DBA SOUND VIEW GREENPORT#7630—By Tom
Naples, Representative. Request for a Variance from Article XIX, Section 280-86A(4); and
Building Inspector's January 4, 2022 Notice of Disapproval based on an application for a permit
to install a new 28 sq. ft. freestanding sign identifying Parking Area at; 1) as may be authorized
as a variance by the Zoning Board of Appeal; located at 59670 County Road 48, Greenport,NY.
SCTM No. 1000-44-4-5.1.
1.07 P.M. - SV GREENPORT LLC, DBA SOUND VIEW GREENPORT#7631 —By Tom
Naples, Representative. Request for Variances from Article XIX, Section 280-851)(5) and
Section 280-85D(7); and Building Inspector's October 20, 2021, Amended December 2, 2021
Notice of Disapproval based on an application for a permit to remove an existing freestanding
sign and install a new 72 sq. ft. freestanding sign identifying Business Name at; 1) sign shall not
be more than 24 sq. ft. in size; 2) sign shall not be located less than 15 feet from the pavement or
five feet from the sidewalk and shall not be placed in the Public Right of Way; located at 58855
County Road 48, (Adj. to Long Island Sound) Greenport,NY. SCTM No. 1000-44-2-22.
1.07 P.M.- SV GREENPORT LLC, DBA SOUND VIEW GREENPORT#7632—By Tom
Naples, Representative Request for a Variance from Article XIX, Section 280-851)(7); and
Building Inspector's January 4, 2022 Notice of Disapproval based on an application for a permit
to install a new 54 sq. ft. freestanding sign identifying Business Logo; 1) sign shall not be more
than 24 sq. ft.; located at 59725 County Road 48, (Adj. to Long Island Sound) Greenport,NY.
SCTM No. 1000-44-2-23.
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 ALL THREE SV GREENPORT, LLC HEARINGS to the Regular
Meeting of June 2, 2022. Vote of the Board: Ayes: All: This Resolution was duly adopted (5-0).
Page 6—MINUTES
Regular Meeting held May 5, 2022
Southold Town Zoning Board of Appeals
1:39 P.M. - RICHARD AND SUZANNE ROTHWELL #7623 — By Richard Rothwell and
Suzanne Rothwell, Owners. Request for Variances from Article III, Section 280-15; Article
XXIII, Section 280-124; and Building Inspector's December 5, 2021, Amended December 29,
2021 Notice of Disapproval based on an application for a permit to demolish and construct an
accessory garage and construct an accessory in-ground swimming pool at; 1) garage located less
than the code required minimum side yard setback of 5 feet; 2) garage located less than the code
required minimum rear yard setback of 5 feet; 3) more than the code permitted maximum lot
coverage of 20%; located at 1255 Hobart Road, Southold, NY. SCTM No. 1000-64-2-9.
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).
1:59 P.M. - ESTATE OF CHARLOTTE PENZA#7618 —By Carl Lawrence, Attorney. Request
for a Waiver of Merger petition under Article II, Section 280-10A, to unmerge land identified as
SCTM No. 1000-78-3-56 which has merged with SCTM No. 1000-78-3-57,based on the Building
Inspector's November 9, 2021 Notice of Disapproval,which states that a non-conforming lot shall
merge with an adjacent conforming or non-conforming lot held in common ownership with the
first lot at any time after July 1, 1983 and that non-conforming lots shall merge until the total lot
size conforms to the current bulk schedule requirements (minimum 40,000 sq. ft. in the R-40
Residential Zoning District); located, at 1395 Hiawatha's Path, Southold, NY. SCTM Nos.1000-
78-3-56 and 1000-78-3-57. 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).
2:16 P.M.—MODERN AGE HOME BUILDERS #7662—By Jennifer Leeds, Representative.
Request for a Variance from Article XXII, Section 280-105C; and Building Inspector's March 3,
2022 Notice of Disapproval based on an application for a permit to legalize an"as-built" six (6)
foot metal fence, at; 1) six (6) foot high fencing is set back less than the permitted minimum 10
feet from the secondary front yard property line, located at 2135 Willow Drive, East Marion,
SCTM No. 1000-22-5-1. 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 (4-0) (Member Planamento Recused).
RESOLUTIONS:
A. 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, June
2, 2022, at 9:00 A.M. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0).
Page 7—MINUTES
Regular Meeting held May 5, 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,April 21, 2022.
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 Planamento to GRANT a One Year Extension to Appeal No. 7027, John and
Theresa Murnane, located at 125 Bow Road, Southold,NY. SCTM No. 1000-87-2-33. Vote
of the Board: Ayes: All. This Resolution was duly dopted (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 2:22 P.M.
Respectfully submi ed,
Kim E. Fuentes /a()/2022
Board Assistant
Included b Reference: Filed ZBA Decisions (0)
L s e Kanes Weisman, Chairperson 5 /A-0 /2022
Approved for Filing Resolution Adopted
RECEIVED
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out ofTown Clerk