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Home My WebLink AboutZBA-09/15/2022 BOARD MEMBERS Of SOU Southold Town Hall Leslie Kanes Weisman,Chairperson �o�� ry�1 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora ,y• Office Location: Eric Daritis . Town Annex/First Floor, Robed Leinert.dr. • �O ` . X4375 Main Road(at Youngs Avenue) Nicholas Plananiento IyCOU Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)7654809•Fax(631)765-9064 MINUTES REGULAR MEETING THURSDAY, SEPTEMBER 15, 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, September 14, 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, Acting Town Attorney Eric Dantes, Member Damon Hagan, Assistant Town Attorney 9:07 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 9:07 A.M. 9:07 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). 9:56 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 LehnertThis Resolution was duly adopted (5-0). Page 2—MINUTES Regular Meeting held September 1, 2022 Southold Town Zoning Board of Appeals WORK SESSION: 1) Requests from Board Members for future agenda items. 2) Discussed resolutions for extensions and de minimus approvals. 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 (SEAR) 6 NYCRR, Part 617.5 (c) including the following: Roland Grant#7669 465 Brown Street Greenport, LLC and 711 Linnet Street Greenport, LLC#7674 Antonios and Stella Biniaris#7671 Serge Appel and Eve Bates Appel#7673 John and Patricia Stack#7675 Elyse James and John Sinning, Et Al#7677 John Smyth and Margaret Smyth#7678 Allison Uklanska and Piotr Uklanski#7679 Lorelei and Leif Gobel#7690 Vote of the Board: All. This resolution was duly dopted (5-0). B. PENDING PLANNING BOARD SEQRA RESOLUTION: The Chairperson announced that it is the intention of the Southold Town Planning Board, pursuant to State Environmental Quality Review(SEQR) 6 NYCRR, Part 617 to determine that the proposed Action of 160 Route 25, LLC, #7598SE, for a special exception,pursuant to Article VIII, Section 280-38 B(3), to construct apartments over businesses and professional offices, as an Unlisted Action; and furthermore,the Southold Town Planning Board will declare itself Lead Agency. DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: Agenda items and commenced deliberations on the following applications. The original determinations of each of the following applications as decided are filed with the Southold Town Clerk: Page 3—MINUTES Regular Meeting held September 1, 2022 Southold Town Zoning Board of Appeals RELIEF TABLED Theodore and Carissa Stratigos #7668 Vote of the Board: Ayes: Members Weisman (Chairperson), Planamento, Dantes, Acampora and Lehnert. This Resolution was duly adopted (5-0) PUBLIC HEARINGS: 10:08 A.M. - ROLAND GRANT 47669 - By Patricia Moore, Attorney, Roland Grant, Owner. Opposed by William Wurts and Ann Bobco,Neighbors. Request for Variances under Article XV, Section 280-62C, 280-63, 280-64B and 280-64C and the Building Inspector's February 24, 2022 Notice of Disapproval based on an application to demolish existing buildings and construct a public self-storage building with an accessory apartment on the second floor and to maintain the existing 26.8 feet by 37 feet garage/storage building, at: 1) proposed storage building measuring more than the minimum permitted 60 linear feet of frontage on one street; 2) the proposed accessory apartment use is not permitted; 3) existing storage building located less than the code required minimum front yard setback of 100 feet; 4) existing storage building located less than the code required minimum side yard setback of 20 feet; located at: 800 Horton Lane, Southold,NY, SCTM No. 1000-63-1-9. 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 and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0) 10:54 A.M. - 465 BROWN STREET GREENPORT, LLC AND 711 LINNET STREET GREENPORT,LLC#7674-By Patricia Moore,Attorney. Opposition from Paul Dinizio,Douglas Morris, Barry Latney, Lorenzo Heit, Susan Reeve, and Robert Chausow. Request for Variances under Article III, Section 280-14; Article XXIII, Section 280-124; and the Building Inspector's April 26,2022 Notice of Disapproval based on an application for a two lot residential subdivision, at: 1) both lots having less than the code required minimum lot size of 40,000 square feet; 2) both lots having less than the code required lot width of 150 feet, 3) both lots having less than the code required lot depth of 175 feet; 4) proposed lot#2 less than the code required minimum front yard setback of 40 feet at: 465 Brown Street, Greenport,NY. SCTM#1000-48-3-20.1. 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) 11:26 A.M. - ANTONIOS AND STELLA BINIARIS #7671 — By Eileen Wingate, Representative, Tony Biniaris, Owner. James Notias had questions. Request for Variances from Article III, Section 280-15 and Building Inspector's March 22, 2022 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool and an accessory Page 4—MINUTES Regular Meeting held September 1, 2022 Southold Town Zoning Board of Appeals garage at; 1) swimming pool is located in other than the code permitted rear yard; 2) accessory garage is located in other than the code permitted rear yard; located at: 673 Summit Drive, Mattituck, NY. SCTM No. 1000-106-1-44. 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) 11:38 A.M. - SERGE APPEL AND EVE BATES APPEL #7673 — By Joan Chambers, Representative. Request for Variances from Article XXIII, Section 280-124 and Building Inspector's March 11,2022 Notice of Disapproval based on an application for a permit to construct additions to an existing single family dwelling; at; 1) less than the code required minimum front yard setback of 40 feet; 2) less than the code required minimum side yard setback of 15 feet; 3) less than the code required minimum combined side yard setback of 35 feet; located at: 8520 Main Road, East Marion, NY. SCTM No. 1000-31-7-4. 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) 11:44 A.M. - JOHN AND PATRICIA STACK #7675 — By William Barba, Representative. Request for a Variance from Article IV, Section 280-18 and the Building Inspector's May 3, 2022 Notice of Disapproval based on an application for a permit to construct additions to an existing single family dwelling; at; 1) less than the code required minimum front yard setback of 50 feet; located at: 7650 Nassau Point Road Cutchogue, NY. SCTM No. 1000-118-3-4.1. 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 5-0) 10:50 A.M. - ELYSE JAMES AND JOHN SINNING, ET AL #7677 — By Robert Herrmann, Representative. Request for Variances from Article III, Section 280-14 and the Building Inspector's April 6,2022,Notice of Disapproval based on an application to permit a lot line change to create a non-conforming lot, 1)proposed lot 1.4 at less than the code required lot size of 80,000 sq. ft.; 2) proposed lot 1.4 less than the code required minimum lot depth of 250 feet; located at 5000 Paradise Point Road and 5300 Paradise Point Road, (Adj. to Peconic Bay) Southold,. SCTM Nos. 1000-81-3-1.4. 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) No. 7 - 11:00 A.M. - JOHN SMYTH AND MARGARET SMYTH#7678—By William Goggins, Attorney. Thomas Sanders,neighbor who spoke of his concerns. Request for a Waiver of Merger petition under Article II, Section 280-10A,to unmerge land identified as SCTM No. 1000-109-2- Page 5—MINUTES Regular Meeting held September 1, 2022 Southold Town Zoning Board of Appeals 13.3 which has merged with SCTM No. 1000-109-2-13.4 or 1000-109-2-13.6, based on the Building Inspector's May 10, 2019 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 26745 Route 25, Cutchogue, NY. SCTM Nos.1000-109- 2-13.3, 1000-109-2-13.4, 1000-109-2-13.6. 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 ADJOURN THE PUBLIC HEARING to October 6,2022. Vote of the Board: Ayes: All.This Resolution was duly adopted 3-0) (Members Dantes and Planamento Recused) 12:02 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). 1:07 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. - ALLISON UKLANSKA AND PIOTR UKLANSKI #7679 — By Allison and Piotr Uklanski, Owners. Request for Variances under Article XXIII, Section 280-124 and the Building Inspector's April 28,2022 Notice of Disapproval based on an application for a permit to construct a deck addition to an existing single family dwelling,at: 1)deck located less than the code required minimum side yard setback of 10 feet;2)deck addition places the existing swimming pool in other than the rear yard; at: 55 Knollwood Lane, (Adj. to the Mattituck Creek) Mattituck, NY. SCTM#1000-107-6-12. 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) 1:17 P.M. - LORELEI AND LEIF GOBEL #7690 — By Lorelei Gobel, Owner. Request for Variances from Article III, Section 280-15 and Building Inspector's May 27, 2022 Notice of Disapproval based on an application for a permit to legalize an "as built" accessory shed and construct a sunroom addition to an existing single family dwelling, at; 1) located in other than the code permitted rear yard; 2) reverse a prior variance condition on Appeal No. 5696 that requires the deck to remain open to the sky; located at: 1100 North Sea Drive, Orient, NY. SCTM No. 1000-15-3-38. 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 September 1, 2022 Southold Town Zoning Board of Appeals 1:27 P.M. - 16125 SOUNDVIEW REALTY, LLC. #7670 — By Martin Finnegan, Attorney. Opposition by Susan Petrie. Request for a Variance from Article XXII, Section 280-116A(1) and Building Inspector's April 13, 2022 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool at; 1) less than the code required 100 feet from the top of the bluff; located at 16125 Soundview Avenue, (Adj. to the Long Island Sound) Southold, NY. SCTM No. 1000-50-2-19. 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 Hearing until September 15, 2022. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0) 1:49 P.M. - DANIEL AND LINDA LYNCH #76595E— (Adj. from August 4, 2022) By Jennifer Wicks, 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: 2070 Grathwohl Road,New Suffolk, NY. SCTM#1000-117-2-14. 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) The applicant's representative has indicated that the application will be withdrawn. The withdrawal in writing will follow. 1:58 P.M. - MELISSA HOBLEY #7645 — (Adj. from August 4, 2022) By Anthony Portillo, Representative; Melissa Hobley, Owner. 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 Dantes to CLOSE HEARING subject to receipt of additional information. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0) 1:58 P.M. - MELISSA HOBLEY AND PAUL YAU #76465E— (Adj. from August 4, 2022) by Anthony Portillo, Representative, Melissa Hobley, 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: 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 Dantes to CLOSE HEARING subject to receipt of additional information. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0) Page 7—MINUTFS Regular Meeting=held September L,2022- Southold Town Zoning Board of Appeals 2:09 P.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora to take a short break-recess for five minutes. Vote of the Board: Ayes: All. This Resolution was duly do ted (5-0). 2:18 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). 2:18 P.M. - 160 ROUTE 25. LLC #7598SE—By Martin Finnegan, Attorney and Paul Palowski, Owner. Opposition from Carol Linley, Kirsten Droskoski, Sue Crowley, Margo Perman, Randy Wade,Joanne Greenbaum,Patricia Hammes,Paula Moot,Mary Dowd.,Dave Mendelson,Marina DeLuca,John Eustice,Missy Eustice,Ann Murray,Jerri O'Neil,Cheryl Horsfall. Comments from Donald Wilcenski, Planning Board Chair and Charles Sanders, Town Assessor. The applicant requests 'a special exception pursuant to Article VIII, Section 280-38 B(3), stating that special exception approval from the Board of Appeals is required to construct apartments over businesses and professional offices; consisting of four (4) buildings to contain medical offices on the first floor with forty (40) apartments on the second floor; located at 160 Route 25, Greenport, NY. SCTM No. 1000-34-2-1. 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 ADJOURN HEARING WITHOUT A DATE. 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 Lehnert to set the Regular Meeting with Public Hearings to be held on Thursday, October 6, 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, August 18, 2022. Vote of the Board: Ayes: All. This Resolution was dul,�pted (5-0� C. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Planamento to TABLE an Amended Determination of ZBA Special Exception #7508, to convert conditioned non-habitable space into habitable living space within an approved accessory apartment in an accessory garage located at 16045 Main Road; Mattituck, SCTM No. 1000-115-1-7. D. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Acampora that the Southold Town Zoning Board of Appeals, as Lead Agency, pursuant to SEQRA, hereby makes a determination of non-significance for the Unlisted Page 8—MINUTES Regular Meeting held September 1, 2022 Southold Town Zoning Board of Appeals Action of the Cutchogue Fire District, located at 260 New Suffolk Road, Cutchogue, NY, more particularly known as SCTM No. 1000-102-6-5, to demolish (as per Town Code Definition) and reconstruct a firehouse; and Grants a Negative Declaration". There being no other business properly coming before the Board at this time,the Chairperson declared the meeting adjourned. The meeting was adjourned at 4:04 P.M. Respect f y subI/ � Kim E. Fuentes //2022 Board Assistant Included by Reference: Filed ZBA Decisions (0) 61slie Kanes Weisman, Chairperson 716 /2022 Approved for Filing Resolution Adopted RECEIVED 8c SE 0 2022 Southold Town Clerk