HomeMy WebLinkAboutZBA-06/02/2022 BOARD MEMBERS r $®(/r Southold Town Hall
Leslie Kanes Weisman,Chairperson o�� yo! 53095 Main Road•P.O.Box 1179
® Southold,NY 11971-0959
Patricia Acampora Office Location:
Eric Dantes CA Town Annex/First Floor,
Robert Lehnert,Jr. I • �O 54375 Main Road(at Youngs Avenue)
Nicholas Planamento lif'eou 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, JUNE 2, 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, June 2, 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 Scott Kreppein, Devitt, Spellman, Barrett,
LLP, Outside Counsel for the Board
Sean Devlin, Southold Electrical Inspector
9:05 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�X 3C
EXECUTIVE SESSION:
9:05 A.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes to enter
into Executive Session in order to receive Attorney Advice. Vote of the Board: Ayes: Members
Weisman(Chairperson), Dantes, Planamento, Acampora, and Lehnert. This Resolution was
duly adopted (5-0).
10:05 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).
Page 2—MINUTES
Regular Meeting held June 2, 2022
Southold Town Zoning Board of Appeals
10:05 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 (L-0J.
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 victims and survivors of Uvalde, Texas.
7C 7G�C
WORK SESSION: Began at 10:14 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:
Jennifer and James Maye#7626
Emmanuel and Barbara Caravanos#7628
Keith Hughes and Ellen Hughes#7629
Stella Mallas#7633
Steve and Fortune Mandaro #7635
Karibu, LLC/Pascal Schaary #7638
John M. Carroll and M. Amelia Murphy #7636
JOTAS Corporation#7637
Andriy Lototskyy#7667
Samuel and Rebecca Lissner#7639
Janet Mastropolo #7641
Lyle and Kathleen Girandola#7642
Vote of the Board: All. This resolution was duly adopted (5-0).
Page 3—MINUTES
Regular Meeting held June 2, 2022
Southold Town Zoning Board of Appeals
POSSIBLE RESOLUTION TO CLOSE THE FOLLOWING HEARINGS:
KATHERINE HUBBARD#7607SE—(Adjourned from May 5,2022)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: A motion was
offered by Chairperson Weisman, seconded by Member Acampora to ADJOURN THE
HEARING to June 16, 2022 Special Meeting. Vote of the Board: Ayes: All. This Resolution was
duly adopted (5-0).
�CXX
PUBLIC HEARINGS:
10:17 A.M. - JENNIFER AND JAMES MAYE #7626 — By James Maye, Jenn Maye Owners.
Mary Curly in support, Nancy Sawstynowicz in opposition. Request for variances from Article
XXIII, Section 280-123; Article XXIII, Section 280-124; and the Building Inspector's November
30, 2021 Notice of Disapproval based on an application for a permit to legalize "as built"
alterations (convert screen porch to living space,new heat,waterside deck)to an existing seasonal
cottage known as Cottage No. 1 and legalize "as built" alterations (convert screen porch to living
space, new heat) to an existing seasonal cottage known as Cottage No. 2, at; 1) Cottage No. 1 &
2,nonconforming uses shall not be enlarged,reconstructed,or structurally altered or moved unless
the use of such buildings are changed to a conforming use; 2) Cottage No. 1, located less than the
code required minimum side yard setback of 10 feet; located at: 910 Fleetwood Road, (Adj. to
East Creek) Cutchogue,NY. SCTM No. 1000-137-4-22. 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 Lehnert Recused).
10:55 A.M. - EMMANUEL AND BARBARA CARAVANOS #7628 — By Doug McGahan,
Representative; Emanuel Caravanos, Owner. Patricia Moore made comments. Request for a
variance from Article XXIII, Section 280-124; and the Building Inspector's December 16, 2021
Notice of Disapproval based on an application for a permit to construct additions to a single family
dwelling; 1) located less than the code required minimum rear yard setback of 50 feet; located at:
3575 Stars Road, East Marion, NY. SCTM No. 1000-22-2-24. 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).
11:09 A.M. -KEITH HUGHES AND ELLEN HUGHES#7629—By Keith Hughes, Owner; Doug
McGahan, Representative. Request for a Variance from Article IV, Section 280-18; and Building
Inspector's December 14, 2021 Notice of Disapproval based on an application for a permit to
Page 4—MINUTES
Regular Meeting held June 2, 2022
Southold Town Zoning Board of Appeals
construct a dormer addition to an existing single family dwelling; 1) located less than the code
required minimum front yard setback of 50 feet; located at 1325 Broadwaters Road, Cutchogue,
NY. SCTM No. 1000-104-11-8.1. 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).
11:15 A.M. - STELLA MALLAS #7633 —By Martin Finnegan, Attorney. Request for Variances
from Article III, Section 280-15; Article XXIII, Section 280-124; and Building Inspector's
December 15, 2021 Notice of Disapproval based on an application for a permit to demolish and
construct a single family dwelling, construct an accessory in-ground swimming pool, construct an
accessory garage and legalize an "as built" accessory coop at; 1) dwelling located less than the
code required minimum rear yard setback of 50 feet; 2) accessory garage located in other than the
code permitted rear yard; 3) swimming pool located in other than the code permitted rear yard; 4)
coop located less than the code required minimum rear yard setback of 10 feet; 5) coop located
less than the code required minimum side yard setback of 10 feet; located at 420 Summit Drive,
Mattituck, NY. SCTM No. 1000-106-2-8. 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).
11:26 A.M.-STEVE AND FORTUNE MANDARO#7635—By Anthony Portillo,Representative
and Steve Mandaro, Owner. Request for variances from Article XXIII, Section 280-123; Article
XXIII, Section 280-124; and the Building Inspector's December 20, 2021 Notice of Disapproval
based on an application for a permit to construct a covered porch and screened in porch addition
to an existing seasonal cottage; 1) a non-conforming building containing a non-conforming use
shall not be enlarged, reconstructed, or structurally altered or moved, unless the use of such
building is changed to a conforming use; 2) located less than the code required minimum primary
front yard setback of 35 feet; 3) located less than the code required minimum side yard setback of
10 feet; 4) located less than the code required minimum rear yard setback of 35 feet; 5)more than
the code permitted maximum lot coverage of 20%; located at: 2370 Bay Avenue,(Adj.to Gardners
Bay) East Marion, NY. SCTM No. 1000-31-16-7. 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).
11:40 A.M. - KARIBU, LLC/PASCAL SCHAARY #7638 — By Patricia Moore, Attorney and
Pascal Schaary, Owner. Request for variances from Article III, Section 280-15 and the Building
Inspector's December 9, 2021, Amended January 19, 2022 Notice of Disapproval based on an
application for a permit to construct an accessory storage shed, construct an accessory hot tub
(jacuzzi), and to legalize the conversion of a storage shed into pool house at; 1) hot tub located in
other than the code permitted rear yard; 2) storage shed/pool house located in other than the code
permitted rear yard; 3) In addition, the applicant seeks to lift the ZBA Condition (File No. 3902)
Page 5—MINUTES
Regular Meeting held June 2, 2022
Southold Town Zoning Board of Appeals
that states that the existing storage shed can only be used for storage purposes and only have
electricity; located at: 90 Kimberly Lane, Southold, NY. SCTM No. 1000-70-13-20.20.
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 (5-01
11:54 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).
1:02 P.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora to
reconvene the public hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
PUBLIC HEARINGS (CONTINUED):
1:02 P.M. - JOHN M. CARROLL AND M. AMELIA MURPHY #7636 —By Robert Herrmann,
Representative. Request for a variance from Article XXIII, Section 280-124; and the Building
Inspector's December 29,2021 Notice of Disapproval based on an application for a permit to raise
and 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: 230 Inlet Lane, (Adj. to
Gardiners Bay) Greenport,NY. SCTM No. 1000-43-5-4. 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).
1:16 P.M. - JOTAS CORPORATION#7637—Joan Turturro and Howard Leshaw, Owners; Joan
Chambers, Glynnis Berry, Hideaki Ariizumi,Representatives. Opposition from Thomas Foster,
Robert Grayson Murphy, Lucy Stille, Request for variances from Article X, Section 280-
45C(2)(0 (Accessory Uses); Article X, Section 280-46; and the Building Inspector's January 13,
2022 Notice of Disapproval based on an application for a permit to construct additions and
alterations to an existing commercial building, at; 1) proposed apartment comprises of more than
50% of the principal building; 2) construction located less than the code required minimum rear
yard setback of 25 feet; located at: 1000 Village Lane, Orient,NY. SCTM No. 1000-25-1-18.
RESOLUTION: (Please see transcript of written statements prepared under separate cover.)
After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member
Acampora to CLOSE HEARING subject to receipt of additional documents. Vote of the Board:
Ayes: All. This Resolution was duly adopted (5-0).
Page 6—MINUTES
Regular Meeting held June 2, 2022
Southold Town Zoning Board of Appeals
2:12 P.M.—ANDRIY LOTOTSKYY #7667—By Maryna Bilous, Owner. Request for a variance
from Article III, Section 280-15; and the Building Inspector's February 23, 2022 Notice of
Disapproval based on an application for a permit to construct a single family dwelling, at; 1)
located less than the code required minimum front yard setback of 40 feet; located at: 215 Eighth
Street,Laurel,NY. SCTM No. 1000-126-1-7.9. 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).
2:20 P.M. - SAMUEL AND REBECCA LISSNER #7639 — By Jason Fay, Representative.
Request for variances from Article III, Section 280-15; Article XXII, Section 280-116 A(1); and
the Building Inspector's November 22,2021,Amended December 10,2021 Notice of Disapproval
based on an application for a permit to construct additions to an existing single family dwelling
and to legalize an as built accessory shed to be converted to a pool house, at; 1) dwelling located
less than the code required 100 feet from the top of the bluff; 2) shed located less than the code
required 100 feet from the top of the bluff; 3) shed located less than the code required minimum
side yard setback of 15 feet; located at: 3925 Soundview Avenue, (Adj. to Long Island Sound)
Mattituck, NY. SCTM No. 1000-94-3-1.10. 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).
2:35 P.M. - JANET MASTROPOLO #7641_7-By Charles Thomas, Representative. Request for
a variance from Article III, Section 280-15; and the Building Inspector's January 28, 2022 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: 6015 Peconic Bay Boulevard, Laurel, NY.
SCTM No. 1000-128-1-1. RESOLUTION: (Please see transcript of written statements prepared
under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman,
seconded by Member Dantes to CLOSE HEARING and RESERVE DECISION. Vote of the
Board: Ayes: All. This Resolution was dull adopted (5-0).
2:41 P.M-LYLE AND KATHLEEN GIRANDOLA#7642—By Charles Thomas,Representative.
Support from Martin Romanelli. Request for variances from Article III, Section 280-15; Article
XXIII, Section 280-124; and the Building Inspector's December 6, 2021, Amended January 31,
2022 Notice of Disapproval based on an application for a permit to demolish an existing single
family dwelling and construct a new single family dwelling and construct additions and alterations
to an existing accessory garage, at; 1) dwelling located less than the code required minimum side
yard setback of 15 feet; 2) dwelling located less than the code required minimum combined side
yard setback of 35 feet; 3)accessory garage located less than the code required minimum side yard
setback of 10 feet; located at: 3040 Peconic Bay Boulevard, (Adj. to Great Peconic Bay) Laurel,
NY. SCTM No. 1000-128-6-10. RESOLUTION: (Please see transcript of written statements
prepared under separate cover.) After receiving testimony, motion was offered by Chairperson
Page 7—MINUTES
Regular Meeting held June 2, 2022
Southold Town Zoning Board of Appeals
Weisman, seconded by Member Dantes to CLOSE HEARING and RESERVE DECISION. Vote
of the Board: Ayes: All. This Resolution was duly adopted(5-0).
2:50 P.M. - SV GREENPORT LLC, DBA SOUND VIEW GREENPORT#7630 (Adjourned
from May 5, 2022) 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.
2:50 P.M. - SV GREENPORT LLC, DBA SOUND VIEW GREENPORT#7631 –(Adjourned
from May 5, 2022) By Tom Naples, Representative. Request for Variances from Article XIX,
Section 280-85D(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.
2:50 P.M.- SV GREENPORT LLC, DBA SOUND VIEW GREENPORT#7632–(Adjourned
from May 5, 2022) 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 July 7, 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 Acampora to set the Regular Meeting with Public Hearings to be held on Thursday,
July 7, 2022, at 9:00 A.M. Vote of the Board: Ayes: All. This Resolution was duly adopted
. L-
B. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by
Member Lehnert to approve Minutes from Special Meeting held on Thursday, May 19, 2022.
Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
Page 8—MINUTES
Regular Meeting held June 2, 2022
Southold Town Zoning Board of Appeals
C. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by
Member Lehnert to AMEND the May 19, 2022 Determination as requested by Stephen Ham,
Attorney, in his May 25, 2022 letter, on behalf of Glen J.Norton,Appeal No. 7624,to remove
the condition that the decks remain open to the sky. 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 2:55 P.M.
Respectfidly submitted,
Kim E. Fuentes (� / �`7/2022
Board Assistant
islie
l e' , y Re F'
erence'. d ZBA Decisions (0)
RECEIVED
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Kane Weisman, Chairperson �/2022
Approved for Filing Resolution Adopted JUN 2 3 M�
Southold Town Clerk