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HomeMy WebLinkAboutZBA-11/03/2022 BOARD MEMBERS O\OSUFFCpG Town Hall Annex Leslie Kanes Weisman,Chairperson r`1` 'yam 53095 Route 25,Main Road Patricia Acampora y Z P.O.Box 1179 Eric Dantes Southold,NY 11971 Robert Lehnert,Jr. ifi Telephone(631)765-1809 O Nicholas Planamento http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR MEETING THURSDAY, NOVEMBER 3, 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,November 3, 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 9:08 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 (5-0). EXECUTIVE SESSION: Began at 9:08 A.M. 9:08 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: A es: Members Weisman(Chairperson), Planamento, Acampora, and Lehnert. This Resolution was duly adopted(4-0). 10:10 A.M. - Motion was offered by Member Acampora, seconded by Member Weisman (Chairperson)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 November 3,2022 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. 3) Upcoming interdepartmental meetings. 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 apartmentibed 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: Amos and Courtney Meringer#7716 Glendon and Mindy Homer Joseph and Darla Doorhy#7698SE Sheila Stoltz#7699 Lee and Lili Siegelson#7702 Charlotte Greene#7703 Jake Behan and Lindsey Behan#7704 Richard Martino #7694 Vote of the Board: All. This resolution was duly adopted(5-0). B. 46770 ROUTE 48,LLC/PECONIC WATERSPORTS#7700SE and#7701 —Subject Action to construct a Commercial Marine Sales and Service Facility to be Declared by the Planning Board, as Lead Agency,to be an Unlisted Action. 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: RELIEF GRANTED AS APPLIED WITH CONDITIONS North Fork Project,LLC#7687 North Fork Project,LLC#7688 John Smyth and Margaret Smyth#7678 Page 3—MINUTES Regular Meeting held November 3,2022 Southold Town Zoning Board of Appeals Vote of the Board: Ayes: Members Weisman(Chairperson), Planamento, Dantes, Acampora and Lehnert. This Resolution was duly adopted(5-0) PUBLIC HEARINGS: 10:26 A.M. - VASILIS AND CHRISTINA FTHENAKIS #7559 — By Michael Kimack, Representative. (Adjourned from November 4, 2021) Request for Variances from Article III, Section 280-15; Article XXII, Section 280-116A; and the Building Inspector's July 16, 2021, Amended May 24, 2022 Notice of Disapproval based on an application for a permit to demolish an existing dwelling and cottage and to construct a new single family dwelling; at; 1) located less than the code required 100 feet from the top of the bluff, 2) swimming pool located in other than the code required rear yard; located at: 6925 Nassau Point Road, (Adj. to the Peconic Bay) Cutchogue,NY. SCTM No. 1000-111- 15-9. 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). 10:40 A.M. - AMOS AND COURTNEY MERINGER#7716—By Amos Meringer, Owner. Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector's August 18, 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 relocate an "as built" accessory shed at; 1) dwelling is located less than the code minimum front yard setback of 35 feet; 2) as built shed is located in other than the code permitted rear yard; 3) construction of the dwelling will place the existing accessory garage in other than the code permitted rear yard; at: 210 Westview Drive, Mattituck,NY SCTM No. 1000-139-1-11. 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). 10:51 A.M. - GLENDON AND MINDY HOMER—By Karen Hoeg,Attorney. Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector's May 2, 2022 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling and to legalize "as built" accessory structures (trellis and shed), at; 1)located less than the code required minimum front yard setback of 3 5 feet; 2)both trellis and shed located in other than the code permitted rear yard;located at: 2740 Main Bayview Road, Southold,NY. SCTM No. 1000-75-4-21. 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) 11:00 A.M. -JOSEPH AND DARLA DOORHY#7698SE—By Scott DeSimone, Attorney. Applicant requests a Special Exception under Article III, Section 280-13B(13). The Applicant is owner of subject Page 4—MINUTES Regular Meeting held November 3, 2022 Southold Town Zoning Board of Appeals property requesting authorization to construct and establish an Accessory Apartment in an existing accessory structure; at: 1125 Ole Jule Lane, Mattituck, NY. SCTM#1000-122-10-2. 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 and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0j 11:18 A.M. - SHEILA STOLTZ#7699—By Ray Nemschick,Representative. Opposition from Dianne Schoch, President of the Indian Neck Park Assoc., Tom Smith, Frank Cashin. Request for Variances from Article XXIII, Section 280-124;and the Building Inspector's May 12,2022 Notice of Disapproval based on an application for a permit to demolish an existing dwelling and construct a new single family dwelling with a habitable third story; at; 1) located less than the code required minimum front yard setback of 40 feet;2)located less than the code required minimum rear yard setback of 50 feet; 3)more than the code permitted maximum lot coverage of 20%; 4) exceeds maximum permitted stories of two and one half (2 '/2); located at: 2025 Smith Road, Peconic, NY. SCTM No. 1000-98-4-19.2. 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 ADJOURN PUBLIC HEARING TO JANUARY 5, 2023. Vote of the Board: Ayes: All. This Resolution was duly adopted 4-0). (Member Lehner Recused) 12:09 P.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 12:13 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 4-0). PUBLIC HEARING CONVENED: 12:14 A.M. - 46770 ROUTE 48, LLC/PECONIC WATERSPORTS #7700SE—By Martin Finnegan, Attorney, Joseph Flotteron, Owner. Request for a Special Exception pursuant to Article XI, Section 280-48B(12) and the Building Inspector's June 8, 2022, revised June 10, 2022 Notice of Disapproval to construct and establish a business use in General Business Zoning District,consisting of new marine sales, service and storage facility (Peconic Watersports), located at: 46770 County Road 48, Southold, NY. SCTM No. 1000-55-5-9.1. 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 SUBJECT TO SEQRA DETERMINATION BY THE PLANNING BOARD. Vote of the Board: Ayes: All. This Resolution was duladopted (3- 0). (Members Dantes and Lehnert Recused) 12:14 P.M. - 46770 ROUTE 48, LLC/PECONIC WATERSPORTS #7701- By Martin Finnegan, Attorney and Joseph Flotteron, Owner. Request for a Variance from Article XI, Section 280-50C and Building Inspector's June 8,2022,revised June 10,2022 Notice of Disapproval based on an application to demolish an existing building and construct a new marine sales, service and storage facility(Peconic Page 5—MINUTES Regular Meeting held November 3, 2022 Southold Town Zoning Board of Appeals Watersports), at; 1) measuring more than the maximum permitted 60 linear feet of frontage on one street; located at: 46770 County Road 48, Southold,NY. SCTM No. 1000-55-5-9.1. 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 SUBJECT TO SEQRA DETERMINATION BY THE PLANNING BOARD . Vote of the Board: Ayes: All. This Resolution was duly adopted(3-0). (Members Dantes and Lehnert Recused) 12:35 P.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento to take a lunch break. Vote of the Board: Ayes: All. This Resolution was duly adopted(3-0). 1:21 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 BEARING CONVENED: 1:22 P.M. -LEE AND LILI SIEGELSON#7702—By Sam Fitzgerald, Representative. Opposition by Betty Edwards Johnson. Request for Variances from Article XXIII, Section 280-124; and the Building Inspector's June 23, 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 minimum side yard setback of 10 feet(both side yards);2)located less than the code required minimum combined side yard setback of 25 feet;3)located less than the code required minimum rear yard setback of 35 feet; 4) more than the code permitted maximum lot coverage of 20%; located at: 2046 Peninsula Road, Fishers Island, NY. SCTM No. 1000-5-2-2 & 100010-3-10. 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 THE SPECIAL MEETING OF NOVEMBER 17, 2022. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). 1:53 P.M. - CHARLOTTE GREENE #7703 —By Charlotte Greene Owner. Comments from Martha Reichert. Request for Variances from Article IV, Section 280-18; and the Building Inspector's June 10, 2022 Notice of Disapproval based on an application for a permit to reconstruct an existing deck addition to an existing single family dwelling at; 1) located less than the code required minimum front yard setback of 50 feet; 2) located less than the code required minimum side yard setback of 15 feet; located at: 500 Stephensons Road, Orient,NY. SCTM No. 1000-17-1-6. 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). 2:02 P.M. - JAKE BEHAN AND LINDSEY BEHAN#7704—By Jake Behan, Owner. Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector's June 10, 2022 Notice of Disapproval based on an application for a permit to construct an accessory shed (100 sq. ft.) at; 1) located in other than the code permitted rear yard;located at: 260 Horton Road,Cutchogue,NY. SCTM Page 6—MINUTES Regular Meeting held November 3,2022 Southold Town Zoning Board of Appeals No. 1000-104-1-13. 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). 2:06 P.M. - RICHARD MARTINO #7694 — By Rachel Davie, Attorney. Opposition by Theresa Dilworth. Request for Variances from Article III, Section 280-15;Article XXII, Section 280-116A(1); Article XXIII, Section 280-124; and the Building Inspector's May 6,2022 Notice of Disapproval based on an application for a permit to legalize an as-built accessory gazebo with attached deck/patio and an as-built shed; at; 1) as built shed located in other than the code permitted rear yard; 2) as built gazebo located less than the code required 100 feet from the top of the bluff; 3) as built gazebo located less than the code required minimum side yard property line of 25 feet; located at: 3875 Hallock Lane, Mattituck, NY. SCTM No. 1000-112-1-8.4. 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 ADJOURN WITHOUT A DATE. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0). 2:50 P.M. -DANNY VITALE#7658SE—By Anthony Portillo,Representative. Opposition by Pamela Thompson. (Adj. from August 4, 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: 7125 Main Bayview Road, Southold, NY. SCTM#1000-78-7-32.12. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Dantes to CLOSE SUBJECT TO RECEIPT OF AMENDED PLANS. 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,December 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, October 20, 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 an Extension to #7331, Steven and Jaci Osdoby, 605 Bay Shore Road, Greenport,NY. SCTM No. 1000-53-3-8, for one year to Expire on November 21, 2023. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). Page 7—MINUTES Regular Meeting held November 3, 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 adj ourned. The meeting was adj ourned at 3:15 P.M. Respectfully subinitled, Kim E. Fuentes Q /1-7 /2022 Board Assistant Included by Reference: Filed ZBA Decisions (3) h i Le ie Kanes Weisman, Chairperson f l I 022 Approved for Filing Resolution Adopted RECEIVED N V 2 1 2022 Southold Town Clerk.