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Home My WebLink AboutZBA-07/06/2023 BOARD MEMBERS DF SOU Southold Town Hall Leslie Kanes Weisman, Chairperson O�� TyOI 53095 Main Road•P.O. Box 1179 Patricia Acampora h O Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert, Jr. N Town Annex/First Floor Nicholas Planamento 0 �Q 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, JULY 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, July 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 Lehnert, Member Julie McGivney, Assistant Town Attorney Eric Dantes, Member Benjamin Johnson, Assistant Town Attorney 9:02 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 (5-01) I. EXECUTIVE SESSION: Began at 9:05 A.M. 9:03 A.M. -A 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) Acampora and Lehnert. This Resolution was dull adopted (3-0). 9:50 A.M. -Motion was offered by Member Weisman (Chairperson), seconded by Member Lehnert 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 July 6, 2023 Southold Town Zoning Board of Appeals Il. WORK SESSION: Began at 10:16 AM. 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: Veronica Gonzalez#7767 Nancy Burke#7792SE Kenneth and Elizabeth McCulloch#7799 Patrick Carey#7794 220 Navy St. Trust, Colin Cowley#7796 Matthew and Jill Perry#7798 Katie and Jonathan Vigdorchik#7802 1280 Corey Creek, LLC #7774 RQA Properties, LLC #7800— Constance Levy#7801 James Burleigh Morton and Carol DeGraff Morton(Morton JB Living Trust) #7803 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. 10:17 A.M. - VERONICA GONZALEZ#7767—(Adjourned from April 6, 2023) By Bill Altintoprak, Representative. 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. 1000-25-1-7. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento to ADJOURN WITHOUT A DATE. Vote of the Board: Ayes: All. This Resolution was duly adopted Page 3—MINUTES Regular Meeting held July 6, 2023 Southold Town Zoning Board of Appeals 10:22 A.M. -NANCY BURKE#77925E—By Joan Chambers, Representative. Shari Nerreau in support. 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: 625 Woods Lane, Peconic,NY. SCTM#1000-86-6-7. 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) 10:32 A.M. - KENNETH AND ELIZABETH MCCULLOCH#7799—By Robert Herrmann, Representative and Kenneth McCulloch, Owner. Opposition by Alison Boyd Savage and Catharine Stimpson. Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector's February 17, 2023,Notice of Disapproval based on an application for a permit to demolish(as per Town Code Definition) an existing dwelling and reconstruct a single family dwelling, and construct an accessory in-ground swimming pool, at; 1)pool located in other than the code required rear yard; 2) construction located less than the code required minimum front yard setback of 40 feet; located at 1605 Parish Drive (Adj. to Southold Bay), Southold,NY. SCTM No. 1000-71-1-15. 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) 11:10 A.M. -PATRICK CAREY#7794—By Jake LaChapelle, Representative and Michael Carver, Family Member. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's January 20, 2023, Amended March 16, 2023 Notice of Disapproval based on an application for a permit to demolish an existing garage, construct a porch addition, and build a new garage at; 1)more than the code permitted maximum lot coverage of 20%; located at 1930 Sigsbee Road, Mattituck,NY. SCTM No. 1000-144-1-14. 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) 11:14 A.M. - 220 NAVY ST. TRUST, COLIN COWLEY#7796—By Anthony Portillo and Peter Marren, Representatives. Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector's March 10, 2023,Notice of Disapproval based on an application for a permit to demolish an existing dwelling and construct a new single family dwelling, 1) located less than the code required minimum front yard setback of 35 feet; located at 220 Navy Street, Orient,NY. SCTM No. 1000-26-1-25. 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) 11:29 P.M. - MATTHEW AND JILL PERRY#7798—By Jake DiCioccio, Representative. Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector's January 18, 2023,Notice of Disapproval based on an application for a permit to construct Page 4—MINUTES Regular Meeting held July 6,2023 Southold Town Zoning Board of Appeals an accessory in-ground 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 3200 Camp Mineola Road, Mattituck,NY. SCTM No. 1000-123-5-36.2. 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) 11:39 A.M. -KATIE AND JONATHAN VIGDORCHIK#7802—By Jennifer DelVaglio, Representative, and Jonathan Vigdorchik, Owner. Request for Variances from Article III, Section 280-15; Article XXII, Section 280-116A(1); and the Building Inspector's February 23, 2023, Amended March 27, 223 Notice of Disapproval based on an application for a permit to construct an accessory swimming pool; 1) located in other than the code permitted rear yard; 2) located less than the code required 100 feet from the top of the bluff; located at: 17975 Soundview Avenue, Southold, NY. SCTM No. 1000-51-1-7. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento to CLOSE HEARING AND RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0) 11:45 A.M. - 1280 COREY CREEK, LLC.#7774 - (Adjourned from May 4, 2023) 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. 1000-78-4- 17. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento to CLOSE HEARING AND RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0) 11:54 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). 1:02 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: 1:03 P.M. - RQA PROPERTIES, LLC #7800—By Michael Kimack, Representative, and Richard Bozsnyak, Owner. Request for Variances from Article XXIII, Section 280-123A and the Building Inspector's March 15, 2023 Notice of Disapproval based on an application for a permit to legalize several "as built" additions and accessory structures at an existing auto body repair business 1) A nonconforming building containing a nonconforming use shall not be enlarged, or structurally altered Page 5—MINUTES Regular Meeting held July 6, 2023 Southold Town Zoning Board of Appeals or moved, unless the use of such building is changed to a conforming use; 2) "as built" improvements results in increase in floor area greater than prior alternative relief that was previously granted in ZBA File No. 5759 dated December 27, 2005; located at: 29950 Main Road, Cutchogue,NY. SCTM No. 1000-102-3-1. 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 ADJOURN HEARING TO THE SPECIAL MEETING of July 20, 2023. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0) 1:42 P.M. - CONSTANCE LEVY#7801 —By Michael Kimack, Representative. Request for Variances from Article III, Section 280-15; Article XXII, Section 280-116A(1); and the Building Inspector's April 11, 2023 Notice of Disapproval based on an application for a permit to construct additions and alterations to existing single family dwelling; at 1) addition located less than the code required 100 feet from the top of the bluff; 2) swimming pool located in other than the code permitted rear yard; located at: 405 Soundview Avenue, Mattituck,NY. SCTM No. 1000-94-1-2. 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) 1:20 P.M. - JAMES BURLEIGH MORTON AND CAROL DEGRAFF MORTON (MORTON JB LIVING TRUST) #7803 —By Adam Voloskik, Representative. Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector's March 27, 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 front yard setback of 40 feet; located at: 495 North Sea Drive, Orient,NY. SCTM No. 1000-15-6-3. 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) 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, August 3, 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, June 15, 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 Grant a One Year Extension to Kendall Todd, #7373, 670 Bayview Drive, East Marion, SCTM No. 1000-37-5-3. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 6—MINUTES Regular Meeting held July 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 1:55 P.M. . Respect 1 sub i tted Kim E. Fuentes '-7 /2023 Board Assistant Included by Reference: Filed ZBA Decisions (0) n Leslie Kanes Weisman, Chairperson 7/ /2023 Approved for Filing Resolution Adopted RECEIVED + U c �J 2 5 2023 U�