HomeMy WebLinkAboutZBA-07/07/2022 BOARD MEMBERS rjF SO Southold Town Hall
Leslie Kanes Weisman,Chairperson �� y� 53095 Main Road•P.O.Box 1179
Southold,NY 11971-0959
Patricia Acampora Office Location:
Eric Dantes �, Town Annex/First Floor,
Robert Lehinert,Jr. 0 • aOQ 54375 Main Road(at Youngs Avenue)
Nicholas Planamento lij'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, JULY 79 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, July 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
.9:06 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).)
�C�C
WORK SESSION: Began at 9:06 A.M.
A. Requests from Board Members for future agenda items.
B. Discussed resolutions for extensions and de minimus approvals.
C. The Board discussed the applications for three signs for SV Greenport,LLC,DBA Soundview,
Nos. 7630, 7631 and 7632; adjourned from June 2, 2022 and to be adjourned without a date.
EXECUTIVE SESSION: Began at 10:16 A.M.
10:16 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 Lehnert. This
Resolution was duly adopted 5-0).
Page 2—MINUTES
Regular Meeting held July 7, 2022
Southold Town Zoning Board of Appeals
10:40 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).
The meeting was delayed due to Justice Court proceedings.
10:44 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
The open meeting began with the Pledge of Allegiance.
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:
Richard George and Laura McGrath#7644
Melissa Hobley#7645
Melissa Hobley and Paul Yau#7646SE
Barbara Bell#7647
Patrick and Diane Severson#7648
Kostas Koukoudakis #7650SE
Tim and Nancy Burke#7651
Sam Karalis 47643
Thomas Kennedy#7654
Further Out East-C/O Tom Dowling#7655
Vote of the Board: All. This resolution was duly adopted 5-0).
DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS:
RELIEF GRANTED AS APPLIED WITH CONDITIONS:
JOTAS Corporation#7637
Vote of the Board: All. This resolution was duly adopted (5-0).
Page 3—MINUTES
Regular Meeting held July 7, 2022
Southold Town Zoning Board of Appeals
RELIEF DENIED:
Katherine Hubbard#7607SE
Vote of the Board: All. This resolution was duly adopted (5-0).
PUBLIC HEARINGS:
10:51 A.M. - RICHARD GEORGE AND LAURA MCGRATH #7644 — By Eileen Wingate,
Representative. Request for a variance from Article III, Section 280-15; and the Building
Inspector's January 10, 2022 Notice of Disapproval based on an application for a permit to
construct an accessory pergola; at 1) located in other than the code permitted rear yard; located at:
3050 Fairway Drive, Cutchogue, NY. SCTM No. 1000-109-5-14.16. 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 (L-0j.
10:51 A.M. - MELISSA HOBLEY #7645 — By Anthony Portillo, Representative. Opposition
from Robert Gatehouse, Patricia Moore, Dan Leblond, and Amy Leblond. Request for variances
from Article III, Section 280-15; and the Building Inspector's February 10, 2022 Notice of
Disapproval based on an application for a permit to construct additions and alterations to an
existing accessory garage; at 1) located less than the code required minimum front yard setback of
40 feet; 2) located less than the code required minimum side yard setback of 15 feet; located at:
2826 Great Peconic Bay Boulevard (Adj. to the Great Peconic Bay), Laurel, NY. SCTM No.
1000-128-6-21. 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 ADJOURN HEARING to August 4, 2022. Vote of the Board:
Ayes: All. This Resolution was duly adopted (5-0).
11:51 A.M. - MELISSA HOBLEY AND PAUL YAU #7646SE — By Anthony Portillo,
Representative. Opposition from Robert Gatehouse, Patricia Moore, Dan Leblond, and Amy
Leblond. 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: 2826 Peconic Bay Boulevard (Adj. to the Great
Peconic Bay), Laurel, NY. SCTM#1000-128-6-21. 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 ADJOURN HEARING to August
2022. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
11:43 A.M. BARBARA BELL #7647 —By Ken Robins, Representative. Request for Variances
from Article XXIII, Section 280-116A(1); Article XXIII, Section 280-124; and the Building
Inspector's February 17, 2022 Notice of Disapproval based on an application for a permit to
construct additions 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 (east)
Page 4—MINUTES
Regular Meeting held July 7, 2022
Southold Town Zoning Board of Appeals
setback of 15 feet; 3) located less than the code required combined minimum side yard setback of
35 feet; located at: 1055 Soundview Avenue, (Adj. to Long Island Sound) Mattituck,NY. SCTM
No. 1000-94-1-9. 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 additional information. Vote of
the Board: Ayes: All. This Resolution was duly adopted (5-0).
11:59 A.M. - PATRICK AND DIANE SEVERSON 47648 —By Ural Talgat, Representative and
Diane Severson, Owner. Request for Variances from Article III, Section 280-15; Article XXII,
Section 280-116A; and the Building Inspector's January 13,2022 Notice of Disapproval based on
an application for a permit to construct a new accessory Pool House; at; 1) located less than the
code required 100 feet from the top of the bluff, 2) located less than the code required minimum
front yard setback of 50 feet; located at: 9202 Bridge Lane, (Adj. to Long Island Sound)
Cutchogue, NY. SCTM No. 1000-73-2-3.1. 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).
12:04 P.M. - KOSTAS KOUKOUDAKIS #7650SE — By Robert Connelly, Representative.
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: 955 Inlet Drive, Mattituck, NY. SCTM#1000-99-2-14.2.
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 HEARING subject to additional information. Vote of the Board: Ayes: All.
This Resolution was duly adopted (5-0).
12:18 P.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora to
take a lunch break. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
1:13 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):
1:12 P.M. - TIM AND NANCY BURKE#7651—By Joan Chambers, Representative. Opposition
from Anita Knowlton. Request for Variances from Article III, Section 280-13C; and the Building
Inspector's January 4, 2022 Notice of Disapproval based on an application for a permit to legalize
an as-built conversion of an existing accessory garage to two (2) recreation rooms; at; 1) not a
permitted accessory use; located at: 625 Wood Lane, (Adj to Richmond Creek) Peconic, NY.
SCTM No. 1000-86-6-7. RESOLUTION: (Please see transcript of written statements prepared
under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman,
Page 5—MINUTES
Regular Meeting held July 7, 2022
Southold Town Zoning Board of Appeals
seconded by Member Lehnert to CLOSE HEARING subject to additional information. Vote of
the Board: Ayes: All. This Resolution was duly adopted (5-0).
1:30 P.M. - SAM KARALIS #7643 — By Patricia Moore, Attorney. Request for a Waiver of
Merger petition under Article II, Section 280-10A,to unmerge land identified as SCTM No. 1000-
31-6-2 which has merged with SCTM Nos. 1000-31-6-1 and/or 1000-31-6-3, 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 75 Gillette Drive, East Marion, NY. SCTM Nos.
1000-31-6-2, 1000-31-6-1 and 1000-31-6-3. 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).
1:42 P.M. - THOMAS KENNEDY #7654 — By Kelly Bennett, Representative. Request for
Variances from Article XXIII, Section 280-116A(l); Article XXIII, Section 280-124; and the
Building Inspector's January 18, 2022 Notice of Disapproval based on an application for a permit
to construct an accessory gazebo and to legalize an "as built" accessory shed; at; 1) gazebo is
located in other than the code permitted rear yard; 2) shed is located less than the code required
minimum side yard setback of 20 feet; 3) Both gazebo and shed are located less than the code
required 100 feet from the top of the bluff; located at: 200 Castle Hill Road (Adj. to Long Island
Sound) Cutchogue, NY. SCTM No. 1000-72-1-1.6. 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).
1:56 P.M. - FURTHER OUT EAST-C/O TOM DOWLING #7655 — Bruce Anderson,
Representative and Tom Dowling, Owner. Opposition from: Bob O'Brien, Phil Farrell, Agnes
Farrell, Corinna Durland,Jack Brennen and William Brennan. Request for Variances from Article
XXIII, Section 280-124; and the Building Inspector's December 20, 2021, Amended January 3,
2022 Notice of Disapproval based on an application for a permit to demolish and reconstruct an
existing single family dwelling; at; 1) less than the code required minimum front yard setback of
35 feet; 2) 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 860 Rabbit Lane(Adj. to Gardners Bay),East
Marion, NY SCTM No. 1000-31-18-18. 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 Planamento to set the Regular Meeting with Public Hearings to be held on
Page 6—MINUTES
Regular Meeting held July 7, 2022
Southold Town Zoning Board of Appeals
Thursday, August 4, 2022, at 9:00 A.M. Vote of the Board: Ayes: All. This Resolution
was duly adopted (5-0).
B. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by
Member Lehnert to approve Minutes from Special Meeting held on Thursday, June 16,
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 Lehnert to GRANT a One Year Extension to 1050 West Cove Road, LLC,
Eugene Burger, 1050 West Cove Road, Cutchogue�Appeal No. 7268, SCTM No. 1000-
111-5-1. 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 Acampora to GRANT two consecutive One Year Extensions to Peter and
Eileen Ps.. lam, 2867 Ruth Road Extension,Mattituck,Appeal No. 7124, SCTM No. 1000-
105-2-1. 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 GRANT a One Year Extension to (Third and Final) Mattebella
Vineyards, 46005 Main Road, Southold, Appeal No. 7041, SCTM No. 1000-51-2-15.1.
Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
F. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by
Member Planamento to ADJOURN without a Date three public hearings for SV
GREENPORT LLC, DBA SOUND VIEW GREENPORT — SIGNS - #7630, 7631 and
#7632 for SCTM Nos.1000-44-4-5.1, 1000-44-2-22 and 1000-44-2-23. 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 2:53 P.M.
Respec;qr�
4'
Kim E. Fuentes � /Q 1 /2022
Board Assistant
Z
Reference: Filed A Decisions (2)
A. RECEIVED
L/_11_ �< P-L4
Leslie Kanes Weisman, Chairperson /2022 JUK22
20
Approved for Filing Resolution Adopted `
Southold Town Cleric