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Home My WebLink AboutZBA-01/19/2023 Special BOARD MEMBERS �t� ell Town Hall Annex Leslie Kanes Weisman,Chairpersonv.4�r� �� 53095 Route 25,Main Road Patricia Acampora ' 1L P.O.Box 1179 Eric Dantes Southold,NY 11971 Robert Lehnert,Jr. Telephone 631 765-1809 Nicholas Planamento http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES SPECIAL MEETING THURSDAY,JANUARY 19,2023 A special meeting of the SOUTHOLD TOWN ZONING BOARD OF APPEALS was held at the Southold Town Hall Annex, Second Floor Conference Room, 54375 Main Road at Youngs Avenue, Southold on Thursday, January 19, 2023 commencing at 4:00 P.M. The public had access to view and listen to the meeting as it was happening via Zoom. However,this meeting was not a public hearing and no testimony was solicited or received. Present were: Leslie Kanes Weisman, Chairperson Elizabeth Sakarellos, Sr. Office Assistant Nicholas Planamento,Vice Chair Donna Westermann, Office Assistant Eric Dantes, Member -Paul DeChance, Town Attorney Patricia Acampora, Member Heather Lanza, Planning Director Rob Lehnert, Member Mark Terry, Asst. Town Planning Director Kim Fuentes, Board Assistant Brian Cummings, Planner 4:11 P.M. Chairperson Weisman opened the meeting in order to call for Executive Session. Vote of the Board: Ayes: Member Weisman(Chairperson), Dantes, Planamento Acampora and Lehnert. This Resolution was duly adopted(5-0). EXECUTIVE SESSION: 4:12 P.M. Motion was offered by Chairperson Weisman, seconded by Member Lehnert 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). 5:31 P.M. Motion was offered by Chairperson Weisman, seconded by Member Lehnert to exit Executive Session. Vote of the Board: Ayes: Members Weisman (Chairperson), Dantes, Lehnert, Planamento, and Acampora. (This Resolution was duly adopted (5-0). Minutes of ZBA January 19,2023 Special Meeting Page 2 WORK SESSION: Began at 5:03 PM A. Requests from the Board Members for future agenda items. B. The Board discussed the Interdepartmental Meeting of January 12, 2023. C. The Board reviewed De minimus Approval and Extension Requests. POSSIBLE RESOLUTION TO ADJOURN THE FOLLOWING HEARINGS: 5:34 P.M. KCE NY 26,LLC #7684SE - (Adjourn from December 1, 2022)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. KCE NY 26,LLC#7685-(Adjourn from December 1,2022)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. KCE NY 26, LLC #7686 — (Adjourn from December 1, 2022) 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. RESOLUTION: A motion was offered by Chairperson Weisman, seconded by Member Lehnert to ADJOURN ALL THREE HEARINGS WITHOUT A DATE. Vote_ of the Board: Ayes: All. This Resolution was duly adopted (5-0). POSSIBLE RESOLUTION TO CLOSE THE FOLLOWING HEARINGS: 5:35 P.M. NICOLE ECKSTROM AND CARLOS SAAVEDRA #7722 — (Adjourned from January 5, 2023) 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, 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: A 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 Minutes of ZBA January 19,2023 Special Meeting Page 3 duly adopted ,5-0). DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: 5:35 P.M. 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: GRANT RELIEF AS APPLIED Julia Kiely-Broder#7726 GRANT RELIEF AS APPLIED WITH CONDITIONS: KEKJS Headquarters,LLC#7718 KEKJS Headquarters, LLC#7719SE 460 Oyster Ponds Lane, LLC/Ann G. Ffolliott 47721 Nicholas Tzoumas #7717 The Gaines Gwathmey Family 2012 Trust#7695 Nicole Eckstrom and Carlos Saavedra#7722 Jeanne and Jose Castano #7724 Cinthia Thorp 47733 Vote of the Board: Ayes: Members Weisman(Chairperson) Dantes Planamento Lehnertand Acampora. This Resolution was duly adopted(5-0). Timothy MacDonald#7734 Vote of the Board: Ayes: Members Weisman(Chairperson) Planamento Lehnertand Acampora (Member Dantes Recused) This Resolution was duly adopted(4-0). DENY AND GRANT ALTERNATIVE RELIEF WITH CONDITIONS: Sheila Stoltz#7699 Vote of the Board: Ayes: Members Weisman(Chairperson), Dantes, Planamento and Acampora. (Member Lehnert Recused) This Resolution was duly adopted (4-0). GRANT IN PART WITH CONDITIONS/DENY IN PART: Sam Orlofsky#7720 Vote of the Board: Ayes: Member Weisman (Chairperson) Dantes Planamento Acampora and Lehnert. This Resolution was duly adopted(5-0). Minutes of ZBA January 19,2023 Special Meeting Page 4 DECISION TABLED Patricia and Argyris Dellaportas#7676 Vote of the Board: Ayes: Member Weisman (Chairperson), Dantes, Planamento,Acampora and Lehnert. This Resolution was duly adopted(5-0). RESOLUTIONS: RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Lehnert to authorize advertising of hearings for the Regular Meeting to be held on Thursday, February 2, 2023,which will commence at 9:00 AM for Executive Session, and 10:00 A.M. for Work Session and Regular Meeting. Vote of the Board: Ayes: Member Weisman (Chairperson), Dantes, Planamento, Acampora and Lennert. This Resolution was duly adopted(5-0). RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Acampora to approve Minutes from the Regular Meeting held January 5, 2023. Vote of the Board: Ayes: Member Weisman(Chairperson), Dantes, Planamento, Acampora and Lennert. This Resolution was duly adopted(5-0). RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Lehnert to approve an Extension for 12 months of Condition No. 3 of Appeal No. 7455, David Cannizzaro,1460 Strohson Road, Cutchogue, SCTM No. 1000-103-10-29.1. Vote of the Board: Ayes: Member Weisman(Chairperson), Dantes, Planamento, Acampora and Lennert. 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 6:17 P.M. i Res ectfully sub itted, Kim E. Fuentes Board Assistant Inclu _ by Reference: Filed ZBA Decisions (12) RECEIVED R FU 3 2023 Leslie Kanes W isman, Chairperson / /20234 Approved for Filing Resolution Adopted Southold Town Clerk