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Home My WebLink AboutZBA-03/02/2023 BOARD MEMBERSSUFF0 OHO CSG Town Hall Annex Leslie Kanes Weisman,Chairperson �� yJ► 53095 Route 25,Main Road Patricia Acampora -'G P.O.Box 1179 Eric Dantes C ►z Southold NY 11971 Robert Lehnert,Jr. Telephone(631)765-1809 Nicholas Planamento http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR MEETING THURSDAY, MARCH 2, 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, March 2, 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 Julie McGivney, Assistant Town Attorney Eric Dantes, Member 9:06 A.M. Chairperson Weisman called the meeting to order. Vote of the Board: Ayes: Members Weisman(Chairperson), Planamento, Acampora Dantesand Lehnert. This Resolution was duly dopted ,5-0)) I. EXECUTIVE SESSION: Began at 9:07 A.M. 9:07 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: Ayes: Members Weisman(Chairperson), Dantes, Planamento, Acampora, and Lehnert. This Resolution was duly adopted(5-0). 10:01 A.M. - Motion was offered by Member Weisman (Chairperson), seconded by Member Dantes to exit the 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 March 2, 2023 Southold Town Zoning Board of Appeals II. WORK SESSION: Began at 10:01 AM. 1) Requests from Board Members for future agenda items. 2) The Board discussed DeMinimus and Extension requests. III. 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: John and Margaret Smyth#7737 Pequot Point, LLC#7763 Paul Tanck#7741 Timothy Quinn/TG3 Holdings, LLC#7743 Ruben and Shannon Silverman 47745 Leonard Williams #7746 Neena Reddy and Samuel Holt#7747 Richard Kelly#7748SE Richard Kelly#7749 Joseph M. and Joanne Mascia#7750 Charles and Kavita Vansant#7751 Kevin and Anna Kennedy#7752 Charles Salice, C/O North Fork Ventures, Ltd#7738 IV. 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. 10:13 A.M. - JOHN AND MARGARET SMYTH#7737—By Patricia Moore, Attorney and Margaret Smyth, Owner. Request for a Variance from Article XXIII, Section 280-13C(1); and the Building Inspector's September 1, 2022 Notice of Disapproval based on an application to subdivide a lot into two parcels and maintain an existing barn, carport and "as-built" arbor; at; 1) customarily incidental accessory structures or uses are not permitted on the lot without a principal use; located at: 29330 NYS Route 25, Cutchogue, NY. SCTM No. 1000-102-6-23.1. 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). 10:28 A.M. - PEQUOT POINT, LLC #7763 —By Martin Finnegan, Attorney. Request for Variances from Article III, Section 280-15; Article XXII, Section 280-116A(1); and the Building Inspector's Page 3—MINUTES Regular Meeting held March 2, 2023 Southold Town Zoning-Board of Appeals December 8, 2022 Notice of Disapproval based on an application to construct an accessory in-ground swimming pool, at; 1) located in other than the code required rear yard; 2) located less than the code required 100 feet from the top of the bluff; located at: East End Road/2875 Castle Road(Adj. to Block Island Sound), Fishers Island,NY. SCTM No. 1000-5-2-10.12. 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 HEARING subject to receipt of Site Plan depicting the location of a dry well. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0j. 10:36 A.M. -PAUL TANCK#7741 —By Joan Chambers,Representative. Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector's November 10;2022 Notice of Disapproval based on an application to demolish an existing in-ground swimming pool and to construct a new in-ground gunite swimming pool; at; 1) located in other than the code required rear yard; 2) more than the code permitted maximum lot coverage of 20%; located at: 16705 Main Road,,East Marion, NY. SCTM No. 1000-23-1-14.6. 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 5-0). 10:45 A.M. -TIMOTHY QUINN/TG3 HOLDINGS,LLC#7743—By Jenn DelVaglio,Representative. Request for a Variance from Article XXII, Section 280-116A(1) and the Building Inspector's September 12, 2022 Notice of,Disapproval based on an application to demolish and reconstruct an accessory in-ground swimming pool; at; 1) located less than the code required 100 feet from the top of the bluff; located at: 1 Mulford Court, Orient,NY. SCTM No. 1000-14-2-1.6. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento to CLOSE HEARING and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). 10:50 A.M. - RUBEN AND SHANNON SILVERMAN #7745'— By William Kelly, Representative. Request for a Variance from Article III, Section 280-15) and the Building Inspector',s November 28, 2022 Notice of Disapproval based on an application to construct an accessory garage; at; 1) located in other than the code required rear yard; located at: 2500 Paradise Point Road, Southold,NY. SCTM No. 1000-81-3-13. 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). 10:55 A.M. - LEONARD WILLIAMS #7746 — By William Kelly, Representative. Request for Variances from Article III, Section 280-15 and the Building Inspector's November 28, 2022 Notice of Disapproval based on an application to construct an accessory garage; 1) located less than the code required minimum rear_yard setback of 15 feet; 2) located less than the code required minimum side yard setback of 15 feet; located at: 6925 Great Peconic Bay Blvd, Laurel, NY. SCTM No. 1000-126- 10-16. 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 Page 4—MINUTES Regular Meeting held March 2, 2023 Southold Town Zoning Board of Appeals duly adopted ,5-0). 11:06 A.M. - NEENA REDDY AND SAMUEL HOLT #7747 — By Jenn DelVaglio, representative. Request for a Variance from Article III, Section 280-15) and the Building Inspector's December 1, 2022 Notice of Disapproval based on an application to construct an in-ground swimming pool;.at; 1) located in other than the code required rear yard; located at: 500 Sound Drive, Greenport,NY. SCTM No. 1000-33-4-33. 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 receipt of Amended Plans. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). 11:21 A.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 (5-0). 1:05 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 HEARINGS—CONTINUED: 1:05 P.M. - RICHARD KELLY #7748SE— By Anthony Portillo, Representative. Greg Blyskal and Jackie McGowan Opposed. 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; located at: 1265 Bay Avenue, Mattituck, NY. SCTM#1000-143-5-1. 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 Planamento Recused) 1:05 P.M. -RICHARD KELLY#7749—By Anthony Portillo,Representative. Greg Blyskal and Jackie McGowan Opposed. Request for a Variance from Article III, Section 280-15 and the Building Inspector's December 6,2022 Notice of Disapproval based on an application to demolish(as per Town Code definition)and reconstruct an accessory building containing an accessory apartment;at; l)located less than the code required minimum side yard setback of 5 feet; located at: 1265 Bay Avenue, Mattituck,NY. SCTM No. 1000-143-5-1. 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 Planamento Recused). 1:26 P.M. - JOSEPH M. AND JOANNE MASCIA #7750 —By Martin Finnegan, Attorney. Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's October 11, 2022 Notice of Disapproval based on an application to construct additions and alterations to an existing single Page 5—MINUTES Regular Meeting held March 2, 2023 Southold Town Zoning Board of Appeals family dwelling; at; 1) less than the code required minimum side yard setback of 10 feet; 2) less than the code required minimum combined side yard setback of 25 feet; located at: 1600 Deep Hole Road, (Adj. to Deep Hole Creek) Mattituck, NY. SCTM No. 1000-115-12-22. 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) 1:33 P.M. - CHARLES AND KAVITA VANSANT #7751 —By Scott DeSimone, Attorney. Request for Variances from Article IV, Section 280-18; based on an application to change a lot line of three existing lots, and convey lands in order to create two less non-conforming lots; 1) Proposed lots A & B at less than the code required lot size of 40,000 sq. ft.; 2) Proposed lots A & B at less than the code required minimum lot depth of 175; located at 1355, aka 1285 Smith Road, Peconic,NY. SCTM Nos. 1000-98-4-12, 1000-98-4-13, 1000-98-4-14. 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 subject to receipt of Single and Separate Searches (title searches) on all three lots. Vote of the Board: Ayes: All. This Resolution was dull adopted(5-0) 1:44 P.M. - KEVIN AND ANNA KENNEDY #7752 — By Kevin Kennedy, Owner, Request for a Variance from Article IV, Section 280-18 and the Building Inspector's November 15, 2022 Notice of Disapproval based on an application to construct an accessory in ground swimming pool; at; 1) more than the code permitted maximum lot coverage of 20%; located at: 955 Pequash Avenue, Cutchogue, NY. SCTM No. 1000-103-7-22. 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 subject to receipt of amended survey. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0) 2:00 P.M. - CHARLES SALICE, C/O NORTH FORK VENTURES, LTD #7738 — By John Nastasi and Gail Wickham, representatives. Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector's September 9, 2022 Notice of Disapproval based on an application to construct additions and alterations to an existing single family dwelling and construct an accessory garage; at; 1)the dwelling is located less than the code required minimum side yard setback of 10 feet; 2) the accessory garage is located less than the code required minimum side yard setback of 5 feet; located at: 2315 Pine Tree Road, (Adj. to Little Creek) Cutchogue,NY. SCTM No. 1000-104-3-1.RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony,motion was offered by Chairperson Weisman, seconded by Member Planamento to CLOSE HEARING and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). V. RESOLUTIONS: A. RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by Member Lehnert to set the Regular Meeting with Public Hearings to be held on Thursday,April Page 6—MINUTES Regular Meeting held March 2, 2023 Southold Town Zoning Board of Appeals 6, 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,February 16, 2023. 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 Lehnert to Amend Area Variance and Special Exception#7735 and 7736SE to remove condition requiring Planning Board site plan review, 12425 Sound, LLC, Andrew Fohrkolb, 12425 Sound Avenue, Mattituck, NY. SCTM No. 1000-141-3-39. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). D. RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by Member Planamento to GRANT a second extensions to Appeal No. 7581, Ganley, 785 Fishermans Beach Road, Cutchogue, SCTM No. 1000-111-1-31 There being no other business properly coming before the Board at this time, the Chairperson declared the meeting adjourned. The meeting was adjourned at 2:12 P.M. Respectfully submitted, Kim E. Fuentes /2023 Board Assistant Include Reference: Filed ZBA Decisions (0) s L' 1e Kanes Weisman, Chairperson 4 /2023 Approved for Filing Resolution Adopted RECEfIIV"�ED M 1 7 2023 Southold Town Clerk