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Home My WebLink AboutZBA-08/04/2022 BOARD MEMBERS of S0 Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 �� l® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes N Town Annex/First Floor, Robert Lehnert,Jr. ;0% • �Q 54375 Main Road(at Youngs Avenue) Nicholas Planamento lij'COUf 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, AUGUST 4, 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, August 4, 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 Damon Hagan, Assistant Town Attorney Eric Dantes, Member Corey Humphrey of Suffolk County Soil and Water Conservation District 9:12 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: Began at 9:12 A.M. A 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). Executive Session included a presentation by Corey Humphrey of the Suffolk County Soil and Water Conservation District relating to the service provided by the Agency, and a discussion of various reporting procedures in order to assist in mitigating potential and occurring damage to sensitive coastal areas, and to protect against bluff erosion. Page 2—MINUTES Regular Meeting held August 4, 2022 Southold Town Zoning Board of Appeals 10:15 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). WORK SESSION: 1) Requests from Board Members for future agenda items. 2) Discussed resolutions for extensions and de minimus approvals. 3) The Board reviewed the decision to Amend ZBA 47472, Cottage on Third per court order. 4) The Board discussed the following hearings that have been adjourned per applicants' request: a. Peter And Gretchen Lan #g 7663 —Applicant has requested an adjournment to the next available date. b. Daniel And Linda Lynch#7659SE—Applicants' representative, Jennifer Wicks, requested an adjournment to the next available date. c. Melissa Hobley And Paul Yau#7645 & #7646SE—Applicants' representative, Anthony Portillo,requested an adjournment to the September 1, 2022 Regular Meeting 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: Cliff and Wyndy Sloan#7656 Danny Vitale#7658SE Joe and Amanda Bertollini #7660 Luan Sadik, Halit Sadik Legacy Trust#7665 Matthew Ketcham#7666 Theodore and Carissa Stratigos#7668 Douglas Bradford#7691 Doric and Ariadne Capsis #7672 Joel B. Singer#7661 Joseph and Deborah Polidora#7697 Vote of the Board: All. This resolution was duly adopted (5-0). Page 3—MINUTES Regular Meeting held August 4, 2022 Southold Town Zoning Board of Appeals PUBLIC HEARINGS: 10:20 A.M. - CLIFF AND WYNDY SLOAN #7656 — By Anthony Portillo, Representative. Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector's February 7, 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: 235 Rogers Road, Southold,NY. SCTM No. 1000-66-2-23. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Acampora to CLOSE HEARING and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0) (Member Planamento Recused). 10:28 A.M. - DANNY VITALE#76585E—By Anthony Portillo, Representative. Opposition by Pamela Thompson. 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: 7125 Main Bayview Road, Southold, NY. SCTM41000-78-7-32.12. 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 WITHOUT A DATE. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:54 A.M. - DANIEL AND LINDA LYNCH #76595E — The Chairperson announced that the applicant submitted a written request to Adjourn. 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: 2070 Grathwohl Road, New Suffolk, NY. SCTM#1000-117-2-14. RESOLUTION: A motion was offered by Chairperson Weisman, seconded by Member Acampora to ADJOURN HEARING to September 1, 2022. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:55 A.M. -JOE AND AMANDA BERTOLLINI#7660—By Steven Affelt,Representative, and Joe Bertollini, Owner. Request for Variances from Article XXIII, Section 280-124; and the Building Inspector's January 25, 2022 Notice of Disapproval based on an application for a permit to demolish (as per Town Code definition) and reconstruct a new single family dwelling; at; 1) located less than the code required minimum front yard setback of 35 feet; 2) located less than the code required minimum side yard setback of 10 feet; 3) located less than the code required minimum combined side yard setback of 25 feet; located at: 480 Sterling Place, Greenport, NY. SCTM No. 1000-34-3-18. 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 subject to receipt of additional information. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:03 A.M. - PETER AND GRETCHEN LANG #7663 — The Chairperson announced that the applicant submitted a written request to Adjourn. Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector's January 18, 2022 Notice of Disapproval based on Page 4—MINUTES Regular Meeting held August 4, 2022 Southold Town Zoning Board of Appeals an application for a permit to construct a front porch attached to an existing single family dwelling; at; 1) located less than the code required minimum front yard setback of 35 feet; located at: 865 New Suffolk Road, Cutchogue, NY. SCTM No. 1000-109-7-3. RESOLUTION: A motion was offered by Chairperson Weisman, seconded by Member Acampora to ADJOURN Hearing to October 6, 2022. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:04 A.M. - LUAN SADIK, HALIT SADIK LEGACY TRUST #7665 — By Robert Conway Rpresentative, Dean Sadik, Owner. Request for a Variance from Article XXII, Section 280- 116A(1); and the Building Inspector's March 3, 2022 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 100 feet from the top of the bluff, located at: 2200 Sound Drive, (Adj. to Long Island Sound) Greenport, NY. SCTM No. 1000-33-1-16. 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). 11:10 A.M. - MATTHEW KETCHAM 47666 — By Matthew Ketcham, Owner. Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector's February 18, 2022 Notice of Disapproval based on an application for a permit to legalize an as-built deck addition to an existing single family dwelling; at; 1) located less than the code required minimum front yard setback of 35 feet; located at: 21125 County Road 48, Cutchogue, NY. SCTM No. 1000-96-1-7. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Dantes to CLOSE HEARING subject to receipt of additional information. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:16 A.M. - MELISSA HOBLEY #7645 — The Chairperson announced that the applicant submitted a written request to Adjourn. 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: A motion was offered by Chairperson Weisman, seconded by Member Planamento to ADJOURN HEARING to September 1,2022. Vote of the Board:Ayes: All. This Resolution was duly adopted 5-0 . 11:16 A.M. - MELISSA HOBLEY AND PAUL YAU #7646SE — The Chairperson announced that the applicant submitted a written request to Adjourn. 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: A motion was offered by Chairperson Weisman, seconded by Member Planamento to ADJOURN HEARING to September 1, 2022. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 5—MINUTES Regular Meeting held August 4, 2022 Southold Town Zoning Board of Appeals 11:21 A.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). 1:04 P.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento to reconvene the public hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). PUBLIC HEARINGS (CONTINUED): 1:04 P.M. - THEODORE AND CARISSA STRATIGOS #7668 — By Nigel Williamson, Representative. Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector's March 2, 2022 Notice of Disapproval based on an application for a permit to demolish(as per Town Code definition) and reconstruct a single family dwelling and construct an accessory in-ground swimming pool; at; 1) located less than the code required minimum side yard setback of 15; 2) located less than the code required minimum combined side yard setback of 35 feet; 3) swimming pool is located in other than the code permitted rear yard; located at: 550 Blue Marlin Drive, (Adj. to the Shelter Island Sound) Greenport, NY. SCTM No. 1000-57-1-27. 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 information. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0) (Member Planamento Recused). 1:43 P.M.—DOUGLAS BRADFORD#7691 —By Anthony Portillo, Representative. Request for Variances from Article XXIII, Section 280-124; and the Building Inspector's May 6, 2022 Notice of Disapproval based on an application for a permit to demolish (as per Town Code definition) and reconstruct a single family dwelling; at; 1) located less than the code required minimum side yard setback of 10 feet; 2) located less than the code required minimum combined side yard setback of 25 feet; 3) more than the code permitted maximum lot coverage of 20%; located at: 3705 Bay Shore Road (Adj. to Shelter Island Sound) , Greenport, NY. SCTM No. 1000-53-6-16. 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 (5-01. 1:54 P.M.—DORIC AND ARIADNE CAPSIS #7672—By Patricia Moore,Attorney. Opposition from C.D. Martin and Conrad Owen. Request for a Variance from Article XXIII, Section 280- 124; and the Building Inspector's April 14, 2022 Notice of Disapproval based on an application for a permit to construct a deck addition to an existing single family dwelling; at; 1) located less than the code required minimum rear yard setback of 35 feet; located at: 1700 Plum Island Lane, Orient,NY. SCTM No. 1000-15-6-8. 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). Page 6—MINUTES Regular Meeting held August 4, 2022 Southold Town Zoning Board of Appeals 2:08 P.M. -JOEL B. SINGER#7661 —By Charles Kuehn, Representative; Joel Singer and Arena Singer, Owners. Request for Variances from Article III, Section 280-13C; Article XXII, Section 280-116A(1); Article XXIII, Section 280-124; and the Building Inspector's February 7, 2022, Amended April 25, 2022 and June 22, 2022 Notice of Disapproval based on an application for a permit to construct an accessory in ground swimming pool; and an accessory garage with a non- permitted bedroom loft on the second floor; at; 1)the swimming pool is located less than the code required 100 feet from the top of the bluff; 2) the accessory garage is located less than the code required minimum side yard setback of 20 feet; and 3) Request to Overturn the Building Inspector's June 22, 2022 Notice of Disapproval for the non-permitted use of a second floor finished bedroom loft to be constructed in the Accessory Garage; located at: 20575 Soundview Avenue, (Adj. to the Long Island Sound) Southold, NY. SCTM No. 1000-51-4-11. 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 to receipt of additional information. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0) (Member Planamento Recused. 2:40 P.M. - JOSEPH AND DEBORAH POLIDORA #7697 — By Nigel Williamson, Representative. Request for Variances from Article XXIII,'Section 280-124; and the Building Inspector's June 28, 2022,Notice of Disapproval based on an application for a permit to demolish (as per Town Code definition) and reconstruct a single family dwelling; at; 1)located less than the code required minimum side yard setback of 15 feet; and 2) located less than the code required minimum combined side yard setback of 35 feet; located at: 1055 Point Pleasant Road, (Adj. to the Howards Creek) Mattituck, NY. SCTM No. 1000-114-1-1. 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 subject to receipt of additional information. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0� XX7�C 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, September 1,2022, 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 Acampora to approve Minutes from Special Meeting held on Thursday, July 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 Dantes to Amend Determination of ZBA Appeal #7472, Cottage on Third, pursuant to a Court Order. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 7—MINUTES Regular Meeting held August 4, 2022 Southold Town Zoning'Board of Appeals There being no other business properly coming before the Board at this time, the Chairperson declared the meeting adjourned. The meeting was adjourned at 2:58 P.M. Respectfully su mitted, Kim E. Fuentes /f /2022 Board Assistant Included by Reference: Filed ZBA Decisions (0) fe-slieKan'es Weisman, Chairperson / /2022 Approved for Filing Resolution Adopted AUG 2 3 X012