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Home My WebLink AboutZBA-10/06/2022 BOARD MEMBERS of SO Ur Southold Town Hall Leslie Kanes Weisman,Chairperson ®�� y®1 53095 Main Road•P.O.Box 1179 O Patricia Acampora Southold,NY 11971-0959 Office Location: Eric Dantes �, ac Town Annex/First Floor, Robert Lehnert,Jr. O • �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ij'COUNV Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809 MINUTES REGULAR MEETING THURSDAY, OCTOBER 6, 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, October 6, 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 9:07 A.M. Chairperson Weisman called the meeting to order. . Vote of the Board: Ayes: Members Weisman(Chairperson), Planamento, Acampora, and Lehnert. This Resolution was duly adopted (4-0).) EXECUTIVE SESSION: Began at 9:08 A.M. 9:08 A.M. - A Motion was offered by Chairperson Weisman, seconded by Member Acampora 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). 10:06 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 October 6, 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 (SEQR) 6 NYCRR, Part 617.5 (c) including the following: Patricia and Argyris Dellaportas #7676 Debbie Socaris, Trustee of Diana Retos Family Trust#7689 John Bernhard and Jennifer Maye#7680 Eileen Kasschau#7681 Deborah L. Mckean and Shannon Goldman#7682 Daniel And Suzanne Diviney#7683 North Fork Project, LLC #7687 North Fork Project, LLC #7688 Vote of the Board: All. This resolution was duly adopted (5-0). B. PRIOR SEQRA STATEMENT: On September 1, 2022, the Southold Town Zoning Board of Appeals, as Lead Agency, Granted a Negative Declaration, pursuant to SEQRA. for the Unlisted Action of the Cutchogue Fire District, located at 260 New Suffolk Road, Cutchogue,NY, more particularly known as SCTM No. 1000-102-6-5. Vote of the Board: All. This resolution was duly adopted (5-0). 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: DENY IN PART/GRANT IN PART WITH CONDITIONS Theodore and Carissa Stratigos #7668 Page 3—MINUTES Regular Meeting held October 6, 2022 Southold Town Zoning Board of Appeals DENY AS APPLIED, GRANT AS AMENDED 16125 Soundview Realty, LLC 7670 Vote of the Board: Ayes: Members Weisman (Chairperson), Planamento, Dantes, Acampora and Lehnert. This Resolution was duly adopted (5-0) PUBLIC HEARINGS: 10:19 A.M. - PATRICIA AND ARGYRIS DELLAPORTAS #7676 — By Patricia Moore, Attorney at Law. Request for a Variance from Article III, Section 280-15 and Building Inspector's May 10, 2022 Notice of Disapproval based on an application for a permit to legalize an"as built" accessory building; 1)located less than the code required minimum rear yard property line setback of 10 feet; located at: 7970 Main Road, East Marion, NY. SCTM No. 1000-31-6-32.1. 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 ADJOURN the Public Hearing to January 5, 2022. Vote of the Board: Ayes: All, This Resolution was duly adopted (5-0). 10:46 A.M. - DEBBIE SOCARIS, TRUSTEE OF DIANA RETOS FAMILY TRUST #7689- by Patricia Moore, Attorney at Law and George Socaris, Owner. Inquiry from Richard Rubel. Request for a Waiver of Merger petition under Article II, Section 280-10A, to unmerge land identified as SCTM No. 1000-43-4-12 which has merged with SCTM Nos. 1000-43-4-13, based on the Building Inspector's May 24, 2022 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 15 Landing Lane, Greenport,NY. SCTM Nos. 1000-43-4-12 and 1000-43-4-13. 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). 11:03 A.M. - JOHN BERNHARD AND JENNIFER MAYE #7680- By James Maye, Owner. Request for a Variance from Article III, Section 280-14 and Building Inspector's May 5, 2022 Notice of Disapproval based on an application for a permit to legalize an "as built" 4.5 ft. by 5.7 ft. addition to an existing single family dwelling; 1) located less than the code required minimum side yard setback of 20 feet; located at: 2285 Little Neck Road, (Adj. to Baldwin's Creek) Cutchogue, NY. SCTM No. 1000-103-10-1. 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). Page 4—MINUTES Regular Meeting held October 6, 2022 Southold Town Zoning Board of Appeals 11:07 A.M. - EILEEN KASSCHAU #7681- By Mike Kimack, Representative, and James Kasschau, Owner. Request for Variances from Article XXII, Section 280-116A(1) and Building Inspector's May 6, 2022, Amended June 22, 2022 Notice of Disapproval based on an application for a permit to legalize"as built" accessory decks and shed located seaward of the top of the bluff, and to construct additions and alterations to an existing single family dwelling; 1) dwelling located less than the code required 100 feet from the top of the bluff, 2) three (3) "as built" decks located less than the code required 100 feet landward of the top of the bluff; 3) "as built" frame shed located less than the code required 100 feet landward of the top of the bluff; located at: 5800 Vanston Road, (Adj. to Great Peconic Bay) Cutchogue, NY. SCTM No. 1000-118-1-1.2. 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 CLOSE HEARING and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:21 A.M. - DEBORAH L. MCKEAND AND SHANNON GOLDMAN #7682-By Robert Herrman, Representative. Request for a Variance from Article XXII, Section 280-116A(1) and Building Inspector's May 6, 2022, Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling; 1) located less than the code required 100 feet from the top of the bluff; located at: 100 Salt Marsh Lane (Adj. to Long Island Sound) Peconic, NY. SCTM No. 1000-68-3-11.1. 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). 11:34 A.M. -DANIEL AND SUZANNE DIVINEY#7683-By Robert Herrmann,Representative, Robert Brown, Representative. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's May 9, 2022,Notice of Disapproval based on an application for a permit to demolish existing dwelling and construct a new single family dwelling; 1) located less than the code required minimum front yard setback of 35 feet; located at: 400 Bay Road,(Adj.to Gull Pond Inlet) Greenport,NY. SCTM No. 1000-43-5-8. 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). 1670 LEETON DRIVE, LLC/CARRIE MEYERS #7692- Prior to this date, by written request, the applicant requested an Adjournment. Request for Variances from Article XXIII, Section 280- 124 and Building Inspector's April 4, 2022, Amended May 24, 2022 Notice of Disapproval based on an application for a permit demolish seasonal dwelling (as per Town Code definition) and construct a single family dwelling with attached decks; 1) located less than the code required minimum rear yard setback of 50 feet; 2) more than the code permitted maximum lot coverage of 20%; located at: 1670 Leeton Drive, (Adj. to Long Island Sound) Southold,NY. SCTM No. 1000- 58-2-7. 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 ADJOURN THE HEARING WITHOUT A DATE. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 5—MINUTES Regular Meeting held October 6, 2022 Southold Town Zoning Board of Appeals 11:39 A.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). 1:05 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): 1:06 A.M. - NORTH FORK PROJECT, LLC 47687- By Martin Finnegan, Attorney, Anthony Martinetti, Owner. Request for a Variance from Article XIII, Section 280-55A and Building Inspector's May 22, 2022, Notice of Disapproval based on an application to legalize the Use of "as built" construction of a new garage used for storage, at; 1) accessory structure does not constitute a permitted principle use or specially permitted use; located at: 5775 West Mill Road (aka 5550 W. Mill Rd.) (Adj. to Mattituck Creek) Mattituck, NY. SCTM No. 1000-106-6-4.1. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony,motion was offered by Chairperson Weisman, seconded by Member Lehnert to CLOSE HEARING and RESERVE DECISION. Vote of the Board: Ayes: All.This Resolution was duly adopted (5-0). 1:06 A.M. - NORTH FORK PROJECT, LLC #7688 - By Martin Finnegan, Attorney, Anthony Martinetti, Owner. Request for a Variance from Article XIII, Section 280-55A and Building Inspector's May 24, 2022, Notice of Disapproval based on an application to legalize "as built" construction of a new garage used for storage, at; 1) located less than the code required minimum front yard setback of 35 feet; located at: 5775 West Mill Road (aka 5550 W. Mill Rd) (Adj. to Mattituck Creek) Mattituck, NY. SCTM No. 1000-106-6-4.1. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony,motion was offered by Chairperson Weisman, seconded by Member Lehnert to CLOSE HEARING and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0Z PETER AND GRETCHEN LANG #7663 - Prior to this date, by written request, the applicant requested an Adjournment. Request for a Variance from 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 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: (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 THE HEARING TO FEBRUARY 2 2023. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0). 1:28 P.M. - CUTCHOGUE FIRE DISTRICT #7693 - Request for Variances from Article X, Section 280-46 and Building Inspector's May 11, 2022 Notice of Disapproval based on an application for a permit demolish (as per Town Code Definition) and reconstruct a firehouse; 1) located less than the code required minimum front yard setback of 25 feet; 2) located less than the Page 6—MINUTES Regular Meeting held October 6, 2022 Southold Town Zoning Board of Appeals code required minimum rear yard setback of 25 feet; 3) ) more than the code permitted maximum lot coverage of 40%; 4) less than the code required minimum landscape area of 25%; at: 260 New Suffolk Road, Cutchogue,NY. SCTM No. 1000-102-6-5. 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 (3-0) (Members Lehnert and Dantes Recused). 2:00 P.M. -JOHN SMYTH AND MARGARET SMYTH#7678—By William Goggins,Attorney. Request for a Waiver of Merger petition under Article II, Section 280-10A, to unmerge land identified as SCTM No. 1000-109-2-13.3 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 Planamento to CLOSE HEARING and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0)(Members Planamento and Dantes Recused). 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,November 3,2022,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, September 15, 2022. Vote of the Board: Ayes: All. This Resolution was duly adopted (5- C. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Acampora to GRANT an Extension to#6897,Peter Cocolaras, 1095 Hyatt Road, Southold, SCTM No. 1000-50-1-14, for one year to Expire on October 6, 2023. 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 an Extension to #7295 Rachel Murphy, 21695 Soundview Avenue, Southold, SCTMNo. 1000-135-1-7,for one yearto Expire on July 18,2023. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 7—MINUTES Regular Meeting held October 6, 2022 Southold Town Zoning Board of Appeals E. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Acampora to DENY an Extension to #7116 Abidin Kadic, 57130 Main Road, Southold, SCTM No. 1000-63-4-5.3. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-01 There being no other business properly coming before the Board at this time, the Chairperson declared the meeting adjourned. The meeting was adjourned at 2:35 P.M. Respectfully s b1mi�4 �_ Kim E. Fuentes 1-D la-012022 Board Assistant Included by Reference: Filed ZBA Decisions (2) Leslie Kanes Weism n, Chairperson /G /y 1./2022 Approved for Filing Resolution Adopted / RECEIVED A ��a'e4 A-A, C 4 2022 - Southold Town Clerk