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Home My WebLink AboutZBA-01/05/2023 BOARD MEMBERS SVFfO(� O�Q C'�G Town Hall Annex Leslie Kanes Weisman,Chairperson ,y� yam► 53095 Route 25,Main Road Patricia Acamporac P.O.Box 1179 Eric Dantes ti +z Southold NY 11971 Robert Lehnert,Jr. �,y �� Telephone(631)765-1809 Nicholas Planamento http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR AND ORGANIZATIONAL MEETING THURSDAY, JANUARY 5, 2023 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, January 5, 2023 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 Damien Hagan; Assistant Town Attorney Eric Dantes, Member 9:01 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 . I. EXECUTIVE SESSION: Began at 9:01 A.M. 9:01 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). (Member Dantes not present) 10:09 A.M. -Motion was offered by Member Weisman (Chairperson), seconded by Member Lehnert to exit the Executive Session. Vote of the Board: Ayes: Members Weisman(Chairperson), , Planamento, Acampora and Lehnert. This Resolution was duly adopted(4-0). (Member Dantes not resent Page 2—MINUTES Regular Meeting held January 5, 2023 Southold Town Zoning Board of Appeals II. ORGANIZATIONAL MEETING: beizan at 10:09 A.M. 1) Review and re-adopt: a) ZBA Procedural Guidelines b) Code of Conduct c) Guidelines to Open Meetings Law and Ethical Issues Vote of the Board: Ayes: Members Weisman(Chairperson), Planamento, Acampora, and Lehnert. This Resolution was duly adopted(4-0) (Member Dantes not present) 2) Review all current templates for writing draft decisions. 3) Review meeting dates for 2023. 4) Appointment by the Chairperson of Vice Chair for the year 2023. III. WORD SESSION: Began at 10:16 AM. 1) Requests from Board Members for future agenda items. 2) Request from Pat Moore re: #7674, 465 Brown Street. Board Members considered a vote to Amend decision per applicant's request. 3) Request from Mike Kimack re: #7707,Richard Savarese. Board Members considered a vote to Deny applicant's request to Amend decision per applicant's request. 4) Request from Tom Samuels re:#7457,Nardolillo. Board Members considered a vote to Amend decision per applicant's request. 5) Request from Charles Thomas re: #7479, Kevin Meyers. Board Members considered a vote to Grant a third and final extension per applicant's request. 6) Interdepartmental Meeting scheduled for January 12, 2023. 7) Land Use Training scheduled for January 19, 2023. The training for this date has been cancelled. 8) Two public hearing adjournments. Applications #7725 Fritze Fisher, LLC and#7717 Martino have been adjourned. IV. STATE ENVIRONMENTAL QUALITY REVIEWS; New Applications: A. RESOLUTION declaring applications that are setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests as Type 11 Actions and not subject to environmental review pursuant to State Environmental Quality Review(SEQR) 6 NYCRR, Part 617.5 (c) including the following: KEKJS Headquarters, LLC #7718 KEKJS Headquarters, LLC#7719SE Sam Orlofsky#7720 Page 3—MINUTES Regular Meeting held January 5, 2023 Southold Town Zoning Board of Appeals 460 Oyster Ponds Lane, LLC; Ann G. Ffolliott#7721 Nicholas Tzoumas #7717 Fritze Fishers, LLC #7725 The Gaines Gwathmey Family 2012 Trust#7695 Nicole Eckstrom and Carlos Saavedra#7722 Jeanne and Jose Castano #7724 Cinthia Thorp#7733 Timothy MacDonald#7734 Julia Kiely (Broder) #7726 V. PUBLIC HEARINGS: All testimony shall be limited to zoning issues properly before the Board. Each speaker is requested to speak for five minutes, and to submit testimony in writing when possible. 10:19 A.M. - SHEILA STOLTZ #7699 — (Adjourned from November 3, 2022) By Ray Nemschick, Representative. Opposition from Diane Schoch. 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 CLOSE HEARING and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). (Member Lehnert Recused; Member Dantes Absent) 10:39 A.M. - KEKJS HEADQUARTERS, LLC #7718 — By Patricia Moore, Attorney and Mark Schwartz, Owner. Request for a Variance from Article XXIII, Section 280-123 and the Building Inspector's August 18, 2022 Notice of Disapproval based on an application for a permit to construct a deck addition and an accessory apartment on the second floors of a pre-existing accessory garage with a room above,at; 1)a non-conforming building containing a non-conforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use; at: 28495 Main Road, Cutchogue,NY. SCTM No. 1000-102-5-19. 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 subject to receipt of Amended plans. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0).(Member Dantes Absent) 10:39 A.M. - KEKJS HEADQUARTERS, LLC #7719SE - By Patricia Moore, Attorney and Mark Schwartz, Owner. Request a Reversal of the Building Inspector's August 18, 2022 Notice of Disapproval relating to Town Code�Article X, Section 280-45B(1); Article III, Section 280-13B(13) based on an application for a permit to construct a deck addition and an accessory apartment on the second floors of a pre-existing accessory garage with a room above, and to request a Special Exception Page 4—MINUTES Regular Meeting held January 5, 2023 Southold Town Zoning Board of Appeals pursuant to Article X, Section 280-45B(11) for a Conversion of an existing building to apartments as set forth in and regulated by Article VII, Section 280-38B(6) of the Residential Office District; located at 28495 Main Road, Cutchogue, NY. SCTM No. 1000-102-5-19. 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 subject to receipt of Amended plans. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Member Dantes Absent) 10:58 A.M. - SAM ORLOFSKY #7720 — By Patricia Moore, Attorney and Sam Orlofsky, Owner. Opposition from David Steinbuck and Beatrice Dupont. Request for Variances from Article XXII, Section 280-116A(1); Article XXIII, Section 280-124; and the Building Inspector's August 12, 2022, Amended August 25, 2022 Notice of Disapproval based on an application for a permit to construct deck additions to an existing family dwelling at; 1) located less than the minimum code required 100 feet from the top of the bluff, 2)more than the code permitted maximum lot coverage of 20%; located at: 18575 Soundview Avenue, Southold, NY. SCTM No. 51-1-12. 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 CLOSE HEARING and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was dull adopted (4-0). (Member Dantes Absent 11:39 A.M. -460 OYSTER PONDS LANE,LLC;ANN G.FFOLLIOTT#7721—By Martin Finnegan, Attorney. Request for Variances from Article III, Section 280-14 and the Building Inspector's July 15, 2022 Notice of Disapproval based on an application for a permit for a lot line change to create two nonconforming lots; 1)lots 41 &#2 proposed at less than the code required minimum lot size of 40,000 sq. ft. in area; 2) lot #1 proposed at less than the code required minimum lot width of 150 feet; 3) lot #2 proposed at less than the code required minimum lot depth of 175 feet; located at: 510 and 390 Oyster Ponds Lane, Orient,NY. SCTM No. 1000-24-1-4.1 and 1000-24-1-2. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to CLOSE HEARING and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Member Dantes Absent) 11:45 A.M. - PATRICIA AND ARGYRIS DELLAPORTAS #7676 — (Adjourned from October 6, 2022) By Patricia Moore, Attorney and Patricia Dellaportas, Owner. 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 Lehnert to CLOSE HEARING and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted(4-0). (Member Dantes Absent) 12:15 P.M. - NICHOLAS TZOUMAS #7717 — By Anthony Portillo, 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 construct a second floor addition to an existing Page 5—MINUTES Regular Meeting held January 5, 2023 Southold Town Zoning Board of Appeals single family dwelling at; 1) less than the code required minimum front yard setback of 35 feet; 2) less than the code required minimum rear yard setback of 35 feet located at: 35 Clark Road, Southold,NY. SCTM No. 51-3-26. 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 (4-0).(Member Dantes Absent) 12:20 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(4-0). 1:11 P.M. Motion was offered by Chairperson Weisman, seconded by Member Lehnert to reconvene the public hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). PUBLIC HEARINGS—CONTINUED: FRITZE FISHERS, LLC #7725 — A REQUEST WAS RECEIVED FROM APPLICANT'S REPRESENTATIVE TO ADJOURN THE HEARING TO APRIL 6, 2023. Request for a Variance from Article III, Section 280-14; and the Building Inspector's July 25, 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; located at: 560 North Hill Road/Crescent Avenue, (adj. to Hay Harbor) Fishers Island, NY. SCTM No. 6-1-4.3. RESOLUTION: A Motion was offered by Chairperson Weisman, seconded by Member Lehnert to Adjourn the hearing to April 6, 2023. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-01 1:13 P.M. - THE GAINES GWATHMEY FAMILY 2012 TRUST #7695 —By Steve Ham, Attorney. Request for Variances from Article III, Section 280-14; and the Building Inspector's May 24, 2022 Notice of Disapproval based on an application for a permit for a lot line change, at; 1) Lot 1 & 2 measuring less than the minimum code required lot size of 120,000 sq. ft.;2)Lot 1 measuring less than the code required minimum lot width of 200 feet; 3) Lot 1 & 2 measuring less than the minimum lot depth of 300 feet;located at:East End Road& 137 Pheasant Drive,(Adj.to East Harbor)Fishers Island, NY. SCTM No. 1000-5-2-2& 1000-5-2-3. 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 CLOSE HEARING and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:18 P.M: - NICOLE ECKSTROM AND CARLOS SAAVEDRA #7722 — By Niall Carroll, Representative. Opposed by Patricia Moore and Anthony DeLorenzo. Request for a Variance from Article XXIII, Section 280-123 and the Building Inspector's July 6, 2022 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing accessory garage at; 1) a non-conforming building containing a non-conforming use shall not be enlarged, reconstructed, Page 6—MINUTES Regular Meeting held January 5, 2023 Southold Town Zoning Board of Appeals structurally altered or moved, unless such building is changed to a conforming use; located at: 590 Haywaters Drive, Cutchogue, NY. SCTM No. 104-5-22. 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 HEARING to January 19, 2023. Amend Plans/Screening. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). 1:43 P.M. - JEANNE AND JOSE CASTANO #7724—By Andrew Dunleavy, Representative and Ian Gonzalez, Project Manager. Opposition from Marie Dickerson. Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector's August 11, 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 rear yard setback of 35 feet; located at: 1700 Grathwohl Road, New Suffolk, NY. SCTM No. 1000-117-4-3. 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 CLOSE HEARING and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). 1:55 P.M. - CINTHIA THORP #7733 —By Michael Kimack, Representative. Request for Variances from Article XXIII, Section 280-124; and the Building Inspector's September 12, 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; 2) located less than the code required minimum combined side yard setback of 25 feet; located at: 120 South Lane, (Adj. to Gardiners Bay) East Marion, NY. SCTM No. 1000-37-6-3.4. 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 CLOSE HEARING and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 2:00 P.M. - TIMOTHY MACDONALD #7734 — By Ryan Griffin, Representative. Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector's October 4, 2022 Notice of Disapproval based on an application for a permit to legalize an accessory garage, at; 1) located less than the code required minimum side yard setback of 5 feet; located at: 405 Mayflower Road, Mattituck, NY. SCTM No. 1000-107-8-21. 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(5-0). 2:05 P.M. - JULIA KIELY (BRODER) #7726—By Stephen Kiely, Attorney. 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 construct a second floor addition on an existing single family dwelling and to legalize an "as-built" pergola on an existing accessory structure at; 1) dwelling is located less than the code required minimum side yard setback of 15 feet; 2) pergola is located less than the code required minimum side yard property line setback of 10 feet; located at: 16045 Main Road, Mattituck,NY. SCTM No. 1000-115-1-7. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony,motion was offered by Chairperson Weisman, seconded by Member Lehnert to CLOSE HEARING and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 7—MINUTES Regular Meeting held January 5, 2023 Southold Town Zoning Board of Appeals RICHARD MARTINO #7694 — A REQUEST WAS RECEIVED FROM APPLICANT'S REPRESENTATIVE TO ADJOURN THE HEARING TO MAY 4, 2023. (Adj.from November 3,2022) Request for Variances from Article 11I, 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: A Motion was offered by Chairperson Weisman, seconded by Member Lehnert to Adjourn the hearing to May 4, 2023. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). VI. RESOLUTIONS: A. RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by Member Planamento to set the Regular Meeting with Public Hearings to be held on Thursday, February 2,2023,at 9:00 A.M. Vote of the Board: Ayes:All.This Resolution was duly adopted 5-0 . B. RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by Member Planamento to approve Minutes from Special Meeting held on Thursday, December 15, 2022. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). C. RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by Member Planamento to Deny a request from Appeal No.7559,Vasilis&Christina Fthenakis, to reopen the public hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted fLZ D. RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by Member Lehnert to Amend Decision, Appeal No. 7674, 465 Brown Street by deleting Condition Nos. 4 and 5. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). E. RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by Member Lehnert to Grant a Third and Final Extension of three months of Condition #2 to Appeal No. 7479 Kevin Meyers. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). F. RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by Member Planamento to Deny request to Amend Decision of Appeal No. 7707, Richard Savarese. Vote of the Board: Ayes: All. This Resolution was duly adopted 4-0). G. RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by Member Planamento to Amend Decision of Appeal No. 7457, Louis and Erin Nardolillo by amending condition No 5. Vote of the Board: Ayes: All. This Resolution was duly adopted(4-0). Page 8—MINUTES Regular Meeting held January 5, 2023 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 2:16 P.M. Respectfu y submitte , C Kim E. Fuentes J /,Q/2023 Board Assistant Included by Reference: Filed ZBA Decisions (0) Leslie Kanes Weisman, Chairperson / �O /2023 Approved for Filing Resolution Adopted FIECEIVEDIo; JAN 2 3 2023 Southold Town Clerk