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Home My WebLink AboutZBA-12/01/2022 BOARD MEMBERSSUFFO(,�- O�� CSG Town Hall Annex Leslie Kanes Weisman,Chairperson y� y� 53095 Route 25,Main Road Patricia Acampora o = P.O.Box 1179 Eric Dantes oo Southold,NY 11971 Robert Lennert,Jr. Telephone(631)765-1809 Nicholas Planamento http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR MEETING THURSDAY, DECEMBER 1, 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, December 1, 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 9:10 A.M. Chairperson Weisman called the meeting to order. Vote of the Board: Ayes: Members Weisman (Chaff erson), 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 Acampora to enter into Executive Session in order to receive Attorney Advice. Vote of the Board: Ayes. Members Weisman (Chaff erp rson), Dantes, Planamento,Acampora, and Lennert. This Resolution was duly adopted (5-0). 10:07 A.M. - Motion was offered by Member Weisman (Chairperson), seconded by Member Planamento to exit the Executive Session. Vote of the Board: Ayes: Members Weisman (Chairperson), Dantes, Planamento Acampora and Lehnert. This Resolution was duly adopted 5-0j Page 2—MINUTES Regular Meeting held December 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. 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: Branko and Margaret Peros#7705 Michael Rendel#7706 Richard J. Savarese#7707 Robert Yedid and Elyse Yedid 47708 Matt and Jessica Carballal #7709 Steve and Fortune Mandaro #7711 Gary Trapanotto #7712 Vasillios Papagianis and Theotokis T. Davas#7710 Stepanie Mazur#7713 Barry X. Ball and Kimberly Van Lee#7714 Harbes Family Estate, LLC #7715 Vote of the Board: All. This resolution was duly adopted 5-0). B. SEORA STATEMENT: The Chairperson announced the State Environmental Quality Review currently being conducted for the following action by the Planning Department/Board: KCE NY 26, LLC#7684SE,#7685, #7686—Action to construct a new Battery Energy Storage Facility to be Declared by the Planning Board, as Lead Agency, classified to be Type 1 Action, located at: 10750 Oregon Road, Cutchogue,NY. SCTM No. 1000-83-3-6.1. 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 December 1, 2022 Southold Town Zoning Board of Appeals RELIEF DENIED Vasilis and Christina Fthenakis#7559 Danny Vitale#7658SE Vote of the Board: Ayes: Members Weisman (Chairperson), Planamento, Dantes, Acampora and Lehnert. This Resolution was duly adopted(5-0) PUBLIC HEARINGS: 10:30 A.M. -BRANKO AND MARGARET PEROS#7705—By Branko and Margaret Peros, Owners. Questions from Richard Savarese. Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector's June 3, 2022 Notice of Disapproval based on an application for a permit to construct second floor additions to an existing single family dwelling and to construct an accessory garage, at; 1) the accessory garage is located less than the code required minimum front yard setback of 35 feet; 2)the addition to the single family dwelling is located less than the code required minimum side yard setback of 10 feet; 3)more than the code permitted maximum lot coverage of 20%; located at: 815 Rabbit Lane, (Adj. to Marion Lake) East Marion, NY. SCTM No. 1000-31-17-18. 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). 10:49 A.M. - MICHAEL RENDEL #7706 — By Michael Kimack, Representative. Request for Variances from Article XXIII, Section 280-124; and the Building Inspector's July 21, 2022 Notice of Disapproval based on an application for a permit to legalize an "as built" front stoop and rear deck attached to an existing 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 rear yard setback of 35 feet; located at: 130 West Lake Drive, (Adj. to Little Peconic Bay) Southold, NY. SCTM No. 1000-90-1- 19. 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). 10:55 A.M. - RICHARD J. SAVARESE#7707—Michael Kimack, Representative, Richard Savarese, Owner. Susanne Hand, Gardiners Bay Estates HOA opposed. Request for Variances from Article XXIII, Section 280-124; and the Building Inspector's July 7, 2022 Notice of Disapproval based on an application for a permit to legalize an "as built" deck addition with a pergola attached to an existing 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; located at: 2575 Old Orchard Road, (Adj. to Orient Harbor) East Marion, NY. SCTM No. 1000-37-6-7.1. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento Page 4—MINUTES Regular Meeting held December 1, 2022 Southold Town Zoning Board of Appeals to CLOSE HEARING subject to receipt of Board of Trustees Permit. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). 11:18 A.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:23 A.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). 11:24 A.M. -ROBERT YEDID AND ELYSE YEDID#7708—By Patricia Moore,Attorney and Elyse Yedid, Owner. Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector's July 7, 2022 Notice of Disapproval based on an application for a permit to reconstruct an accessory in-ground swimming pool, at; 1) more than the code permitted maximum lot coverage of 20%; located at: 230 Hippodrome Drive, Southold, NY. SCTM No. 1000-66-2-25. 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). 11:46 A.M. - MATT AND JESSICA CARBALLAL #7709 — By Anthony Portillo, Representative. Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector's July 21, 2022 Notice of Disapproval based on an application for a permit to construct a screened patio addition attached to a single family dwelling, at; 1) located less than the code required minimum rear yard setback of 35 feet; located at: 450 Bay Haven Lane, Southold, NY. SCTM No. 1000-88-4-23. 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). 10:49 A.M. - STEVE AND FORTUNE MANDARO #7711 — By Anthony Portillo, Representative. Frank Beaury, Opposed. Request for Variances from Article XXII, Section 280-10513; Article XXIII, Section 280-124 and the Building Inspector's June 29, 2022 Notice of Disapproval based on an application for a permit to relocate,raise and construct additions and alterations to an existing seasonal dwelling to be converted to a single family dwelling, and construct a retaining wall with railing; at; 1) proposed retaining wall with railing exceeds the code permitted maximum 6.5 feet in height when located in or along rear and side yards; 2) dwelling is located less than the code required minimum front yard setback of 35 feet; 3) dwelling is located less than the code required minimum rear yard setback of 35 feet; at: 2135 Bay Avenue(Adj.to Marion Lake),East Marion,NY. SCTM#1000-31-17- 4. 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 Page 5—MINUTES Regular Meeting held December 1, 2022 Southold Town Zoning Board of Appeals CLOSE HEARING and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly dopted (5-0). 12:36 P.M. - GARY TRAPANOTTO #7712—By Chris Meyer, Representative and Gary Trapanotto, Owner. Request for a Variance from Article III, Section 280-15 and the Building Inspector's August 4, 2022 Notice of Disapproval based on an application for a permit to construct an accessory garage; at; 1) located in other than the code required rear yard; at: 4593 Wickham Avenue, Mattituck, NY. SCTM#1000-107-4-8.1. 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). 12:40 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 53-0). 1:17 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 HEARING CONVENED: 1:19 P.M. - VASILLIOS PAPAGIANIS AND THEOTOKIS T. DAVAS #7710 —By Robert Brown, Representative. Request for Variances from Article III, Section 13-A(l) and 280-15; Article XXIII, Section 280-123; and the Building Inspector's July 15, 2022 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing second single family dwelling and to legalize an "as built" accessory shed; at; 1) second dwelling exceeds one dwelling permitted on each lot; 2) a non-conforming building (second dwelling) containing a non-conforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use; 3)accessory shed is located less than the code required minimum side yard setback of 20 feet; at: 1345 Chapel Lane, Greenport, NY. SCTM#1000-45-1-8. 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). 1:25 P.M. - STEPANIE MAZUR #7713 - By Robert Brown, Representative. Request for Variances from Article III, Section 280-15 and the Building Inspector's April 27, 2022, Amended June 27, 2022 Notice of Disapproval based on an application for a permit to demolish and reconstruct an accessory building measuring 22 feet in height; 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 (2 sides) of 20 feet on each side; at: 555 West Road#1218,(adj. to Cutchogue Harbor) Cutchogue,NY. SCTM#1000- 110-7-7. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Page 6—MINUTES Regular Meeting held December 1, 2022 Southold Town Zoning Board of Appeals Planamento to CLOSE HEARING and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:35 P.M. - BARRY X. BALL AND KIMBERLY VAN LEE #7714 — By Frank Uellendahl, Representative and Barry Ball, Owner. Request for a Variance from Article III, Section 280-14 and the Building Inspector's June 15, 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 front yard setback of 60 feet; at: 39550 NYS Route 25,(Adj.to Gardiners Bay) Orient, NY. SCTM#1000-15-8-26.8. 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. 1:40 P.M. - HARBES FAMILY ESTATE, LLC #7715 — By Dr. Dominick Morreale, Representative and Ed Harbes, Owner. Request for a Variance from Article III, Section 280-15 and the Building Inspector's July 15, 2022 Notice of Disapproval based on an application for a permit to construct an accessory pool house/shed upon residential property;at; 1)located less than the code required minimum side yard setback of 25 feet; at: 715 Hallock Lane (Adj. to Long Island Sound) Mattituck, NY. SCTM#1000-112-1-7.4. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony,motion was offered by Chairperson Weisman, seconded by Member Dantes to CLOSE HEARING subject to the receipt of amended plans. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). 1:47 P.M. -KCE NY 26,LLC#7686—By John Anzalone,Attorney,Phil Denaro and Joel Richardson, Representatives. Opposition from Amos Meringer, Dave Blados, Tim Hill, Kevin O'Mara, Ann Murray, Ron McGreevey, Beth Wachter, Ray Finnick, Randy Wade, Dennis Lane, Chris Shaski,Nick O'Mara, Alexandra Barry, Dave Berten Morgan Zuhoski, and Ian Zuhoski. Request for an Interpretation pursuant to Article XV, Section 280-62, and the Building Inspector's April 6, 2022, Amended April 13,2022 Notice of Disapproval based on an application for a permit to construct a new Battery Energy Storage Facility, to determine whether the proposed Battery Energy Storage Facility is a Use Permitted by a Special Exception; located at: 10750 Oregon Road, Cutchogue,NY. SCTM No. 1000-83-3-6.1. 1:47 P.M. - KCE NY 26, LLC #76845E -Request for Special Exception pursuant to Article XV, Code Section 280 -62B(5)to construct and allow for public utility structures and uses; i.e.,battery energy storage system facility; located at 10750 Oregon Road, Cutchogue,NY. SCTM#1000-83-3- 6.1. 1:47 P.M. -KCE NY 26, LLC#7685 -Request for Variances from Article XXII, Section 280-109A(1) & (2); Article XV, Section 280-63; and the Building Inspector's April 6, 2022, Amended April 13, 2022 Notice of Disapproval based on an application for a permit to construct a new Battery Energy Storage Facility and to subdivide the existing parcel, at 1) proposed created lot shall require direct access to a public street in accordance to NYS Town Law 280-a; 2) height of structure more than the code permitted maximum 35 feet in height; 3) structure less than the code required side yard setback of 20 feet; located at: 10750 Oregon Road, Cutchogue, NY. SCTM No. 1000-83-3-6.1. Page 7—MINUTES Regular Meeting held December 1, 2022 Southold Town Zoning Board of Appeals 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 to the Special Meeting of January 19 2023 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 Thursday, January 5, 2023, at 8:00 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,November 17, 2022. 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 4:15 P.M. Respectfully su mi ted, G/ Kim E. Fuentes 10, /l.$ /2022 Board Assistant Included by Reference: Filed ZBA Decisions (2) Ni hol s J. Planamento, Vice Chair !a / IS /2022 Appr d for Filing Resolution Adopted RECEIVED C 1 9 202294-11D Southold Town Clerk