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Home My WebLink AboutZBA-06/01/2023 BOARD MEMBERS SO Southold Southold Town Hall Leslie Kanes Weisman, Chairperson O�� Ty�l 53095 Main Road•P.O. Box 1179 Patricia Acampora ti O Southold,NY 11971-0959 Eric Dantes [ Office Location: Robert Lehnert,Jr. N Town Annex/First Floor Nicholas Planamento �` aQ 54375 Main Road(at Youngs Avenue) coUSouthold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 MINUTES REGULAR MEETING THURSDAY, JUNE 1, 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, June 1, 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 Heather Lanza, Planning Director 9:05 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 9:05 A.M. 9:15 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). 9:56 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 II. WORK SESSION: Began at 10:14 AM. Page 2—MINUTES Regular Meeting held June 1, 2023 Southold Town Zoning Board of Appeals 1) Requests from Board Members for future agenda items. 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: Gwen Hyman and Andrew Carmellini#7776 Susan A. Forbes#7782 Henry and Ambriel Bostic#7777 Lucy Wohltman#7787 The Endless Round, LLC/7785 Main Road Realty, LLC #7795SE Pablo Peg, LLC#7781 Nora Tuthill Glueck#7784 Timothy Pumillo #7791 Eric H. Dorf#7783 Mary Mckay#7788 Felicia Tenedios#7785 Melanie Belkin#7789 Maria Maroni #7790SE Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 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. 10:05 A.M. - GWEN HYMAN AND ANDREW CARMELLINI#7776—By Patricia Moore, Attorney. Request for Variances from Article XXII, Section 280-116A(1); Article XXIII, Section 280-124; and Building Inspector's January 31, 2023 Notice of Disapproval based on an application for a permit to construct alterations and additions to an existing single family dwelling at; 1) located less than the code required 100 feet from the top of the bluff; 2) located less than the code required minimum side yard setback of 15 feet; 3) located less than the code required minimum combined side yard setback of 35 feet; located at 4565 Nassau Point Road, (Adj. to Little Peconic Bay) Cutchogue, NY. SCTM No. 1000-111-9-8. 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 3—MINUTES Regular Meeting held June 1, 2023 Southold Town Zoning Board of Appeals 10:22 A.M. - SUSAN A. FORBES #7782 -By Patricia Moore, Attorney. Request for Variances from Article III, Section 280-14; Article XXIII, Section 280-124; and the Building Inspector's February 13, 2023 Notice of Disapproval based on an application for a lot line modification(conveyance of land) and to maintain a dwelling subsequent to a lot line modification; at; 1) lot measuring less than the minimum code required lot size of 80,000 sq. ft.; 2) lot measuring less than the code required minimum lot width of 175 feet; 3) lot measuring less than the minimum lot depth of 250 feet; 4) dwelling is located less than the code required minimum rear yard setback of 35 feet; located at 1075 Narrow River Road and 1455 Narrow River Road, Orient,NY. SCTM No. 1000-27-3-6.2 & 1000-27- 3-5. 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) 10:40 A.M. - HENRY AND AMBRIEL BOSTIC #7777—By Henry Bostic, Owner. Maggie Trakas, opposed. Request for a Variance from Article III, Section 280-15; and Building Inspector's December 15, 2022 Notice of Disapproval based on an application for a permit to legalize two (2) "as built" accessory sheds at; 1) located in other than the code permitted rear yard; located at 5305 Narrow River Road, Orient,NY. SCTM No. 1000-27-2-2.3.' RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Dantes to CLOSE HEARING and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0) 10:47 A.M. -LUCY WOHLTMAN#7787—By Patricia Moore, Attorney. Trina Waldron, opposed. Request for a Variance from Article III, Section 280-15 and the Building Inspector's February 15, 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 required rear yard; located at 4955 Moores Lane, Cutchogue,NY. SCTM No. 1000-116-2-3. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Acampora to CLOSE HEARING subject to receipt of revised site plan. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0) 11:00 A.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora to break for Justice Court arraignment. Vote of the Board: Ayes: All. This Resolution was duly adopted-(5- 91. 11:24 A.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). 11:24 A.M. - THE ENDLESS ROUND, LLC/7785 MAIN ROAD REALTY, LLC #77955E—By Patricia Moore, Attorney. Brian Zissel, Applicant. Concerns from Gail Wickham spoke of concerns. Applicant requests a Special Exception under Article III, Section 280-48B(6)to establish and operate a fully enclosed commercial recreation facility; at: 7785 Main Road, Mattituck,NY. SCTM No. Page 4—MINUTES Regular Meeting held June 1, 2023 Southold Town Zoning Board of Appeals 1000-122-6-29.1. 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) 11:45 A.M. -PABLO PEG, LLC #7781 —By Jennifer DelVaglio, Representative. Request for Variances from Article III, Section 280-15; and Building Inspector's February 8, 2023 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool and to legalize an existing shed (under 100 sq. ft.) at; 1) swimming pool located in other than the code permitted rear yard; 2) as built shed located in other than the code permitted rear yard; located at 375 Reydon Drive Southold,NY. SCTM No. 1000-79-5-23.1. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to CLOSE HEARING and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0) 11:49 A.M. -NORA TUTHILL GLUECK#7784—By Lena DeSantis, Representative and Dion Lynch. Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector's December 2, 2022 Notice of Disapproval based on an application for a permit to construct additions and alterations to a pre-existing seasonal yacht club, and to legalize an "as built"accessory shed at; 1)proposed construction located less than the code required minimum rear yard setback of 50 feet; 2)proposed construction located less than the code required minimum side yard setback of 15 feet; 3) as-built accessory shed located in the non-permitted side yard; located at 1400 Old Harbor Road(Adj. to Cutchogue Harbor),New Suffolk NY. SCTM No. 1000-117-5- 14.1. 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) 11:54 A.M. - TIMOTHY PUMILLO #7791 —By Timothy Pumillo, Owner. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's March 7, 2023 Notice of Disapproval based on an application for a permit to demolish a porch and rebuild as new living space in an existing single family dwelling; at; 1) located less than the code required minimum front yard setback of 35 feet; located at 835 Legion Avenue, Mattituck,NY. SCTM No. 1000-142-2-3. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Acampora to CLOSE HEARING and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0) 11:59 A.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes 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(5-0). Page 5—MINUTES Regular Meeting held June 1, 2023 Southold Town Zoning Board of Appeals PUBLIC HEARINGS—CONTINUED: 1:06 P.M. - ERIC H. DORF #7783 —By Michael Kimack, Representative. Request for a Variance from Article IV, Section 280-18 and the Building Inspector's February 2, 2023 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 15 feet; located at 620 North Drive, (Adj. to Mattituck Creek) Mattituck,NY. SCTM No. 1000-106-6-27.1. 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) 1:10 P.M. - MARY MCKAY#7788 —By Michael Kimack, Representative. Request for Variances from Article III, Section 280-15; Article XXII, Section 280-116A(1); and the Building Inspector's December 27, 2022, Amended January 3, 2023 and February 15, 2023 Notice of Disapproval based on an application for a permit to reconstruct an accessory in-ground swimming pool with deck, and to install an accessory solar panel heating system for the swimming-pool at; 1)pool located less than the code required 100 feet from the top of the bluff, 2) solar panel system is located in other than the code required rear yard; located at 450 Castle Hill Road, (adj. to the Long Island Sound) Cutchogue, NY. SCTM No. 1000-72-1-1.8. 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 and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0) 1:20 P.M. - FELICIA TENEDIOS #7785 —By Robert Saetta, Representative. Request for Variances from Article XXII, Section 280-104C(1); Article XXIII, Section 280-124; and the Building Inspector's December 28, 2022 Notice of Disapproval based on an application for a permit to construct a deck addition attached to an existing single family dwelling at; 1) located less than the code required minimum side yard setback of 15 feet; 2) located less than the code required minimum combined side yard setback of 25 feet; 3)proposed steps projecting to the street more than the permitted 15 feet; located at 315 Sound Avenue, Peconic,NY. SCTM No. 1000-67-2-6. 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) 1:39 P.M. - MELANIE BELKIN#7789—By Anthony Pasca, Attorney. Patricia Melly, Representative. Request for Variances from Article III, Section 280-15 and the Building Inspector's December 16, 2022 Notice of Disapproval based on an application for a permit to legalize an accessory shed at; 1) located less than the code required minimum rear yard setback of 10 feet; 2) located less than the code required minimum side yard setback 10 feet; located at 1700 Cedar Beach Road, Southold,NY. SCTM No. 1000-89-2-4. 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 ADJOURN HEARING until June 15, 2023. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0) Page 6—MINUTES Regular Meeting held June 1, 2023 Southold Town Zoning Board of Appeals 2:08 P.M. - MARIA MARONI#7790SE—By Anthony Portillo, Representative. 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: 855 Pine Neck Road, (Adj. to Jockey Creek) Southold,NY. SCTM#1000-70-5- 33. 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) 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, July 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 Lehnert to approve Minutes from Special Meeting held on Thursday, May 18, 2023. 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 2:23 P.M. M ' e / I j//2023 Board Assistant Included by Reference: Filed ZBA Decisions (0) Leslie Kanes Weisman, Chairperson (0 /2023 RECEIVED Approved for Filing Resolution Adopted + 4" JU 16 2023 pz-4 Southold Town Clerk