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Home My WebLink AboutZBA-04/06/2023 BOARD MEMBERS S�FFO(� O�Q �'�G Town Hall Annex Leslie Kanes Weisman,Chairperson ti� yam► 53095 Route 25,Main Road Patricia Acampora P.O.Box 1179 Eric Dantes y Southold NY 11971 Robert Lennert,Jr. �,j, �� Telephone(631)765-1809 Nicholas Planamento http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR MEETING THURSDAY, APRIL 6, 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, April 6, 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 Lennert, 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 adopted(5-0)) I. EXECUTIVE SESSION: Began at 9:06 A.M. 9:06 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). 10:06 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(5-0 Page 2—MINUTES Regular Meeting held April 6, 2023 Southold Town Zoning Board of Appeals II. WORK SESSION: Began at 10:14 AM. 1) Requests from Board Members for future agenda items. 2) The Board discussed DeMinimus and Extension requests. 3) Request from the Planning Board for Comments. 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 Ryan#7753 Nicholas Sourbis and Karen S. Lucia#7754 170 Moore's Lane Realty Corporation#7755 North Road Hotel, LLC #7756 Neil William Currie and Katie Lynn Watson#7757 Patrick Browne and Ann Marie Browne#7758 Karol Filipkowski#7759 Jennifer Lamaina and Karyn Cooper/North Fork Discoveries, LLC Robert Pagnozzi/Greenport W. Holdings, Inc. #7761 se Veronica Gonzalez#7767 1280 Corey Creek, LLC #7774 Peconic Community School #7775SE John Cosenza#7780 IV. DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: RELIEF GRANTED WITH CONDITIONS: Neena Reddy and Samuel Holt#7747 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. 10:17 A.M. - FRITZE FISHERS, LLC #7725 — (Adjourned from January 5, 2023) By Stephen Ham, Attorney and Bruce Kinlin, Architect. Opposition from Sam Marshall. 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 Page 3—MINUTES Regular Meeting held April 6, 2023 Southold Town Zoning Board of Appeals Hill Road/Crescent Avenue, (adj. to Hay Harbor) Fishers Island, NY. SCTM No. 6-1-4.3. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to CLOSE HEARING and RESERVE DECISION. Vote of the Board: Ayes: All This Resolution was dull adopted(5-0) 10:38 A.M. - JOHN RYAN #7753. By Scott Wechsler, Representative. Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector's November 18,2022 Notice of Disapproval based on an application for a permit to demolish an existing accessory shed and construct an accessory in ground swimming pool and an accessory shed, at; 1) construction located in other than the code required rear yard; 2) construction more than the code permitted maximum lot coverage of 20%; located at: 90 Dawn Drive, Greenport, NY. SCTM No. 35-5-11. 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) 10:52 A.M. - NICHOLAS SOURBIS AND KAREN S. LUCIA #7754 - By Nick Sourbis and Karen Lucia, Owners. Request for Variances from Article III, Section 280-15 and the Building Inspector's December 15,2022 Notice of Disapproval based on an application in conjunction with building permit #46053,to construct an accessory pool house/cabana and to legalize an existing shed, at; 1)pool house located less than the code required minimum side yard setback of 10 feet; 2) shed located less than the code required minimum rear yard setback of 10 feet; 3) shed located less than the code required minimum side yard setback of 10 feet; located at: 200 Green Hill Lane, Greenport,NY. SCTM No. 33- 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 Lehnert to CLOSE HEARING and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was dull adopted(5-0) 11:00 A.M. - 170 MOORE'S LANE REALTY CORPORATION 47755 — By Nicholas Mazzaferro, Representative. Request for Variances from Article XI, Section 280-49 and the Building Inspector's December 8, 2022 Notice of Disapproval based on an application for a permit to construct a storage building, at; 1) located less than the code required minimum rear yard setback of 35 feet; 2) located less than the code required minimum side yard setback of 25 feet; 3) construction more than the code permitted maximum lot coverage of 30%; located at: 170 Moore's Lane, Greenport, NY. SCTM No. 45-7-3. 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) 11:06 A.M. - NORTH ROAD HOTEL, LLC #7756 — By Daniel Pennessi, Owner. Request for a Variance from Article XXII, Section 280-116A(1) and the Building Inspector's November 7, 2022 Notice of Disapproval based on an application for a permit to construct a deck addition to an existing building (in conjunction with BP#48244); at 1) located less than the code required 100 feet from the top of the bluff; located at: 62005 County Road 48 (Adj. to the Long Island Sound), Greenport, NY. Page 4—MINUTES Regular Meeting held April 6, 2023 Southold Town Zoning Board of Appeals SCTM No. 40-1-1. 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) 11:11 A.M. - NEIL WILLIAM CURRIE AND KATIE LYNN WATSON #7757 — By Neil Currie, Owner. Request for Variances from Article 111, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector's December 6,2022 Notice of Disapproval based on an application for a permit to demolish an existing dwelling, construct a single family dwelling, and to legalize an existing shed (under 100 sq. ft.); at 1) dwelling located less than the code required minimum side yard setback of 20 feet; 2) dwelling less than the code required minimum rear yard setback of 60 feet; 3) "as built" shed located less than the code required minimum rear yard setback of 15 feet; located at: 1175 Champlin Place,Greenport,NY. SCTM No.34-4-15. 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) 11:00 A.M. - PATRICK BROWNE AND ANN MARIE BROWNE #7758 — By Martin Finnegan, Attorney. Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's December 20, 2022 Notice of Disapproval based on an application for a permit to demolish (by Southold Town definition) an existing single family dwelling and construct a new two story single family dwelling, 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 of 15 feet;located at: 1645 Calves Neck Road(Adj.to Town Creek), Southold,NY. SCTM No. 63-7-38. 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 ad (5-0) 11:26 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 5-0Z 1:00 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 HEARINGS—CONTINUED: 1:00 P.M. - KAROL FILIPKOWSKI #7759 — By Joan Chambers, Representative. Opposition from Joe Kondracke and Jane Glover. Request for a Variance from Article III, Section 280-15; and the Building Inspector's November 7, 2022 Notice of Disapproval based on an application for a permit to construct an accessory building; at 1)located in other than the code permitted rear yard; located at: 450 Dick's Point Road, Cutchogue, NY. SCTM No. 110-5-22. RESOLUTION: (Please see transcript of Page 5—MINUTES Regular Meeting held April 6, 2023 Southold Town Zoning Board of Appeals 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 dopted (5-0) 1:15 P.M. JENNIFER LAMAINA AND KARYN COOPER/NORTH FORK DISCOVERIES LLC #7760SE —By Karyn Cooper and Jennifer Lamaina. Support from Erin Argo. Applicant requests a Special Exception under Article III, Section 280-13B(4) to establish and operate a Nursery School/Childcare/Early Learning; at: 31095 Main Road, Cutchogue, NY. SCTM#1000-102-2-24.1. 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) 1:24 P.M. - ROBERT_PAGNOZZI/GREENPORT W. HOLDINGS, INC. #77615E — By Robert Pagnozzi, Owner. Opposition from Fred Salsberg, Andy Orisio, Melissa Spiro, Dorothea Salsberg, Elaine Schneider, Karen Greyson and Suzanne Sikes. Applicant requests a Special Exception under Article III, Section 280-13B(13). The Applicant is the owner of subject property requesting authorization to establish an Accessory Apartment in an existing accessory structure; at: 190 Pheasant Place, Greenport, NY. SCTM#1000-53-4-44.36. 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 ADJOURN HEARING TO APRIL 20, 2023. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0) 2:10 P.M. - VERONICA GONZALEZ #7767 — BY REQUEST OF THE APPLICANT, THE HEARING WAS ADOURNED TO JULY 6, 2023. Request for a Variance from Article III, Section 280-15; and the Building Inspector's January 20, 2023 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool; at 1) located in other than the code permitted rear yard; located at: 285 Oyster Ponds Lane, Orient, NY. SCTM No. 25-1-7. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony,motion was offered by Chairperson Weisman, seconded by Member Acampora to ADJOURN HEARING TO JULY 6, 2023. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0) 2:10 P.M. — 1280 COREY CREEK, LLC 47774 — By Martin Finnegan, Attorney. Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector's November 18, 2022, Amended January 23, 2023 Notice of Disapproval based on an application for a permit to demolish an existing single family dwelling and construct a new two story single family dwelling at; 1)located less than the code required minimum front yard setback of 40 feet; located at: 1280 Corey Creek Lane, (adj. to Corey Creek) Southold,NY. SCTM No. 78-4-17. 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 ADJOURN HEARING TO MAY 4, 2023. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0) 2:24 P.M.—PECONIC COMMUNITY SCHOOL#77755E—By John Farrell,Attorney. Supportfrom Stephan Roussan,Trustee. Opposition from Patricia Joy Warren and Dave Warren. Applicant requests Page 6—MINUTES Regular Meeting held April 6, 2023 Southold Town Zoning Board of Appeals a Special Exception under Article III, Section 280-13B(3)to establish and operate a private school for elementary and middle school age children; at: 27835 Main Road, Cutchogue, NY. SCTM#1000-102- 1-18.1. 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) 2:48 P.M. — JOHN COSENZA #7780 — By Patricia Moore, Attorney. Request for a Variance from Article XXIII, Section 280-116A(1) and the Building Inspector's January 6, 2023 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool, at; 1)located less than the code required 100 feet from the top of the bluff; located at: 1700 Hyatt Road, (Adj. Long Island Sound), Southold, NY. SCTM No. 50-1-5. 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) 2:58 P.M. -CHARLES AND KAVITA VANSANT#7751—(Adjourned from March 2,2023)By Scott DeSimone, Attorney and Charles Vansant, Owner. Request for Variances from Article IV, Section 280-18; based on an application to change a lot line of two existing 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 CLOSE HEARING and RESERVE DECISION. 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 Acampora to set the Regular Meeting with Public Hearings to be held on Thursday, May 4, 2023, at 9:00 A.M. Vote of the Board: Ayes: All. This Resolution was duly adopted �5-OZ B. RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by Member Lehnert to approve Minutes from Special Meeting held on Thursday,March 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 approve a DeMinimus request from Martin Finnegan,on behalf of his client, Robert Gabriel, Appeal 3850 (Cron) adopted in 1989, located at 2295 Aldrich Lane, Laurel. SCTM No. 1000-125-2-1.14. Page 7—MINUTES Regular Meeting held April 6, 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 3:05 P.M. Respectfully submitted, Kim E. Fuentes q /9D /2023 Board Assistant Included by Reference: Filed ZBA Decisions (1) Leslie Kanes Weisman, Chairperson '� /10 /2023 Approved for Filing Resolution Adopted RECEIVED ..L 6L" AP 2 4 2023 Southold Town Clerk