HomeMy WebLinkAboutZBA-05/04/2023 BOARD MEMBERS Southold Town Hall
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Leslie Kanes Weisman, Chairperson O�*OF SOTyOI 53095 Main Road•P.O. Box 1179
Patricia Acampora O Southold,NY 11971-0959
Eric Dantes #i[ Office Location:
Robert Lehnert,Jr. N Town Annex/First Floor
Nicholas Planamento 54375 Main Road(at Youngs Avenue)
COMM Southold,NY 11971
http://southoldtownny.gov
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809
MINUTES
REGULAR MEETING
THURSDAY, MAY 4, 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, May 4, 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
9:10 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 9:10 A.M.
9:10 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),rson), Dantes, Planamento, Acampora, and Lehnert. This Resolution
was duly adopted (5-0).
9:57 A.M. - Motion was offered by Member Weisman (Chairperson), seconded by Member
Acampora 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 May 4,2023
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) Matters to be included in an upcoming Interdepartmental Meeting.
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:
Sand Lennox, LLC #7762
Hollander Jr. Living Trust#7768
Hollander Jr. Living Trust#7769SE
Richard C. Jensen, Jr., Estate of Richard C. Jensen#7764
John Hochstrasser#7771
David and Sondra Russell#7765
David and Sondra Russell#7766
Nicholas Aliano#7770
Chris Caufield#7772
Regina Calcaterra#7773
Domeluca, LLC#7778
Thomas C. Bauer and Jenifer Courtney-Bauer#7779
Liane Scaduto #7786
IV. DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS:
ROBERT PAGNOZZI/GREENPORT W. HOLDINGS, INC. #7761 SE— (Closed on April 20, 2023)
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:
A motion was offered by Chairperson Weisman, seconded by Member Planamento to TABLE the
Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0)
Page 3—MINUTES
Regular Meeting held May 4, 2023
Southold Town Zoning Board of Appeals
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.
10:11 A.M. -RICHARD MARTINO#7694—(Adj. from January 5 ,2023)Request for Variances from
Article III, 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 Dantes
to, at the written request of the Applicant's Representative, the HEARING IS ADJOURNED
WITHOUT A DATE. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0)
10:11 A.M. - 1280 COREY CREEK, LLC #7774 - (Adj. from April 6, 2023) 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: A motion was offered by Chairperson
Weisman, seconded by Member Lehnert to, at the written request of the Applicant's Representative,
the HEARING IS ADJOURNED TO JULY 6, 2023. Vote of the Board: Ayes: All. This Resolution
was duly adopted(5-0)
10:11 A.M. - SAND LENNOX, LLC #7762 — By Michael Kimack, Representative. Request for a
Variance from Article XXIII, Section 280-124 and Building Inspector's November 15, 2022 Notice of
Disapproval based on an application for a permit to demolish an existing dwelling and to construct a
new single family dwelling at; 1) located less than the code required minimum front yard setback of 40
feet; located at 1450 Salt Marsh Lane, (Adj. to Long Island Sound)Peconic,NY. SCTM No. 1000-68-
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 Lehnert to
CLOSE HEARING and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was
duly adopted (5-0)
10:25 A.M. — HOLLANDER JR. LIVING TRUST #7768 — By Michael Kimack, Representative.
Request for a Variance from Article III, Section 280-15; and the Building Inspector's December 23,
2022 Notice of Disapproval based on an application for a permit to legalize an "as-built" accessory
garage addition;at; 1)located less than the code required minimum side yard setback of 10 feet; located
at: 485 Old Woods Path, Southold, NY. SCTM No. 1000-87-1-4. 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)
Page 4—MINUTES
Regular Meeting held May 4, 2023
Southold Town Zoning Board of Appeals
10:25 A.M. — HOLLANDER JR. LIVING TRUST #7769SE — By Michael Kimack, Representative.
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: 485 Old Woods Path, Southold, NY. SCTM#1000-87-1-4. 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)
10:37 A.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora to take
brief recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
10:40 A.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).
10:40 A.M. —RICHARD C. JENSEN, JR., ESTATE OF RICHARD C. JENSEN #7764—By Patricia
Moore,Attorney;Patrick Cristian,Representative;and Richard and Casio,Jenson,Owners. Opposition
by Julian Patane. Request for Variances from Article XXIII, Section 280-124 and Building Inspector's
January 4, 2023 Notice of Disapproval based on an application for a permit to demolish an existing
dwelling and to construct a new 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 4155 Bay Shore Road(Adj. to Shelter Island Sound)Greenport,NY.
SCTM No. 1000-53-6-21. 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)
11:03 A.M. —JOHN HOCHSTRASSER#7771 —By Michael Kimack, Representative. Request for a
Variance from Article XXIII, Section 280-124 and Building Inspector's January 13, 2023 Notice of
Disapproval based on an application for a permit to demolish an existing deck and patio to an existing
single family dwelling and construct a new raised masonry patio and decking at; 1) located less than
the code required minimum side yard setback of 15 feet; located at 2855 Nassau Point Road, (Adj. to
Hog Neck Bay) Cutchogue, NY. SCTM No. 1000-104-13-9. 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, subject to receipt
of Amended Plans. Vote of the Board: Ayes: All. This Resolution was duladopted(5-0)
11:14 A.M. — DAVID AND SONDRA RUSSELL #7765 — By Karen Hoeg, Attorney. Request for
Variances from Article XXIII, Section 280-124 and Building Inspector's November 15, 2022 Notice
of Disapproval based on an application to demolish (as per Town code definition) and reconstruct a
single family dwelling and to construct an accessory garage upon two (2) merged lots, at; 1) located
less than the code required minimum front yard setback of 35 feet;2)located less than the code required
Page 5—MINUTES
Regular Meeting held May 4, 2023
Southold Town Zoning Board of Appeals
minimum rear yard setback of 35 feet; 3)accessory garage located in other than the code permitted rear
yard; located at 1325 & 1375 Smith Drive So., Southold, NY. SCTM No. 1000-76-2-34.2 and 1000-
76-2-35. 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)
11:14 A.M. —DAVID AND SONDRA RUSSELL #7766 —By Karen Hoeg, Attorney. Request for a
Waiver of Merger petition under Article II, Section 280-10A,to unmerge land identified as SCTM No.
1000-76-2-34.3 which has merged with SCTM Nos. 1000-76-2-34.2 and 1000-76-2-35 based on the
Building Inspector's November 15, 2022 Notice of Disapproval, which states that a non-conforming
lot shall merge with an adjacent conforming or non-conforming lot held in common ownership with
the first lot at any time after July 1, 1983 and that non-conforming lots shall merge until the total lot
size conforms to the current bulk schedule requirements (minimum 40,000 sq. ft. in the R-40
Residential Zoning District); located, at 1325 & 1375 Smith Drive South and 1480 Smith Drive North,
Southold, NY. SCTM Nos.1000-76-2-34.2, 1000-76-2-34.3 and 1000-76-2-35. 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)
11:44 A.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora to break
for lunch. 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 Acampora to
reconvene the public hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0Z
PUBLIC HEARINGS—CONTINUED:
1:05 P.M. — NICHOLAS ALIANO #7770 — By Charles Cuddy, Attorney and Doug Adams,
Representative. Request for Variances from Article XXII, Section 280-116A(1); Article XXIII,
Section 280-124; and Building Inspector's January 17, 2023 Notice of Disapproval based on an
application for a permit to construct a new single family dwelling at; 1) located less than the minimum
code required 100 feet from the top of the bluff; 2) located less than the code required minimum front
yard setback of 40 feet; located at 3705 Duck Pond Road, (Adj.to Long Island Sound)Cutchogue,NY.
SCTM No. 1000-83-1-12. 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 duly adopted (5-0). 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 (4-0) (Member Dantes Recused)
Page 6—MINUTES
Regular Meeting held May 4, 2023
Southold Town Zoning Board of Appeals
1:45 P.M. — CHRIS CAUFIELD #7772 — By Anthony Portillo, Representative. Request for a
Variances from Article XXIII, Section 280-124 and Building Inspector's November 28, 2022 Notice
of Disapproval based on an application for a permit to demolish (as per Town Code definition) and
construct a single family dwelling; 1) located less than the code required minimum side yard setback
of 20 feet; located at 966 Youngs Road, Orient, NY. SCTM No. 1000-18-2-15. 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)
1:50 P.M. — REGINA CALCATERRA #7773 — By Todd Ciariavino, Representative. Request for
Variances from Article III, Section 280-15; Article XXIII, Section 280-124 and Building Inspector's
November 29, 2022 Notice of Disapproval based on an application for a permit to demolish and
construct a new accessary garage and legalize an"as built"deck addition to the single family dwelling;
1) accessory garage is located in other than the code permitted rear yard; 2) deck addition is located
less than the code required minimum rear yard setback of 50 feet;located at 7630 Main Bayview Road,
Southold, NY. SCTM No. 1000-87-5-16.1. 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)
1:54 P.M. — DOMELUCA, LLC #7778 — By Steve Affelt, Representative. Request for a Variance
from Article III,Section 280-15 and Building Inspector's January 19,2023 Notice of Disapproval based
on an application for a permit to construct an accessory in-ground swimming pool; 1) located in other
than the code permitted rear yard; located at 14909 Main Road, (Adj. to Dam Pond) East Marion,NY.
SCTM No. 1000-23-1-2.8. 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 subject to receipt of Amended Site Plan. Vote of the
Board: Ayes: All. This Resolution was duly adopted (5-0)
2:04 P.M. —THOMAS C. BAUER AND JENIFER COURTNEY-BAUER#7779—By Richard Lark,
Attorney. Request for Variances from Article XXIII, Section 280-124 and Building Inspector's
December 28, 2022 Notice of Disapproval based on an application for a permit to legalize an as-built
raised masonry patio attached to an existing single family dwelling; 1) located less than the code
required minimum rear yard setback of 35 feet;2)more than the code permitted maximum lot coverage
of 20%; located at 415 Goldin Avenue, Southold, NY. SCTM No. 1000-135-2-12. 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)
2:25 P.M.—LIANE SCADUTO #7786—By Doug McGahan, Representative. Request for a
Variance from Article XXIII, Section 280-124 and Building Inspector's January 31, 2023 Notice of
Disapproval based on an application for a permit to construct a wood deck attached to an existing
single family dwelling; 1) located less than the code required minimum side yard setback of 15 feet;
located at 7845 Skunk Lane, Cutchogue,NY. SCTM No. 1000-104-4-25. RESOLUTION: (Please
see transcript of written statements prepared under separate cover.) After receiving testimony,
Page 7—MINUTES
Regular Meeting held May 4, 2023
Southold Town Zoning Board of Appeals
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)
2:30 P.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes to recess to
5:00 PM. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
5:00 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:
5:00 PM- SOUTHOLD TOWN PLANNING BOARD#7793: Comments from Michael Collins,
Town Engineer; William Goggins, Attorney; and Dwayne Prieto. The Southold Town Planning
Board has requested that the Southold Town Zoning Board of Appeals make an interpretation
determination,pursuant to Article VI, § 280-35B(4) of the Town Code, relating to sewer
requirements of transient hotels or motels,resort hotels or motels or conference facility; 1) for the
meaning of the phrases"community water and sewer" and public water and sewer" as it relates to the
minimum lot area per guest unit for hotels and on-site wastewater treatment systems in the General
Business (B) Zoning District. 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 dopted 5-0
i
VI. 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, June
1, 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 Lehnert to approve Minutes from Special Meeting held on Thursday, April 20, 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 Acampora to Amend Decision No. 7678, John Smyth, 26745 Route 25, Cutchogue,
NY. SCTM No. 1000-109-2-13.3, 13.4 and 13.6. Vote of the Board: Ayes:All.This Resolution
was duly adopted (5-0).
Page 8—MINUTES
Regular Meeting held May 4,2023
Southold Town Zoning Board of Appeals
D. RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by
Member Lehnert to Amend Decision No. 7717, Nicholas Tzoumas, 35 Clark Road, Southold,
NY. SCTM No. 1000-51-3-26. 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 5:36 P.M.
Respect lly subm tted,
Kim E. Fuentes /)9 /2023
Board Assistant
i
Included by Reference: Filed ZBA Decisions (0)
Leslie Kanes Weisman, Chairperson 5—//F/2023
Approved for Filing Resolution Adopted
RECEIVED
4 +"
+ _ 6 11 1S AVA
M 2 2 2023
out of Town Clerk