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Home My WebLink AboutZBA-08/03/2023 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson ��OF $0(/j�o 53095 Main Road•P.O. Box 1179 Patricia Acampora �O 1p Southold,NY 11971-0959 Eric Dantes c Office Location: Robert Lehnert,Jr. Town Annex/First Floor Nicholas Planamento �Q 54375 Main Road(at Youngs Avenue) lyCOU NT`1,� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 MINUTES REGULAR MEETING THURSDAY, AUGUST 3, 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, August 3, 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 Robert Lehnert, Member Donna Westermann, Office Assistant Eric Dantes, Member Julie McGivney, Assistant Town Attorney 9:14 A.M. Chairperson Weisman called the meeting to order. Vote of the Board: Ayes: Members Weisman(Chairperson), Planamento, Dantes and Lehnert. This Resolution was duly adopted (4-0).) (Member Acampora Absent) I. EXECUTIVE SESSION: Began at 9:14 A.M. 9:14 A.M. -A Motion was offered by Chairperson Weisman, seconded by Member Dantes to enter into Executive Session in order to receive Attorney Advice. Vote of the Board: Ayes: Members Weisman (Chairperson), Dantes, Planamento, and Lehnert. This Resolution was duly adopted (4--01. 9:52 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, and Lehnert. This Resolution was duly adopted 4-0). Page 2—MINUTES Regular Meeting held August 3, 2023 Southold Town Zoning Board of Appeals II. WORK SESSION: Began at 10:02 AM. 1) Requests from Board Members for future agenda items. 2) The Board discussed a DeMinimus approval—Appeal#7573,North Fork Project,The Old Mill 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: Pantelis and Dorothy Scoufaras #7797 Edna J. Acquaviva, Boni D. Fash, Vincent J. Quatroche, Jr. #7805 Chanet Tisdel #7806 Michele Sasso and Jaqueline Jones#7807 Megan Barron, Cottage#15 Breezey Shores #7810 Thomas and Kathleen Burke#7811 SE Agustin and Melissa Romo #7812 Lawrence C. and Jeanne M. Provenzano#7813 9450 Main Bayview LLC/Daniel Marra#7804 Mary Kathleen Martin and Philippe Vaillancourt #7815 Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). IV. POSSIBLE RESOLUTION TO ADJOURN/CLOSE THE FOLLOWING HEARINGS: RQA PROPERTIES, LLC #7800—(Adjourned from July 20, 2023)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 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: A 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`(4-0). Page 3—MINUTES Regular Meeting held August 3, 2023 Southold Town Zoning Board of Appeals V. DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: GRANT RELIEF IN PART/DENY RELIEF IN PART: RQA Properties,LLC#7800 r Vote of the Board: Ayes: Members Weisman(Chairperson), Dantes, Planamento, and Lehnert. This Resolution was duly adopted (4-0). TABLED DECISION: Constance Levy#7801 Vote of the Board: Ayes: Members Weisman(Chairperson), Dantes, Planamento, and Lehnert. This Resolution was duly adopted (4-0). VI. 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. 10:04 AM - PANTELIS AND DOROTHY SCOUFARAS #7797—By Andrea Tsoukalas Curtis, Representative. Request for a Variance from Article III, Section 280-15; and the Building Inspector's January 23, 2023 Notice of Disapproval based on an application for a permit to construct a raised patio with gable roof attached to a single family dwelling which will place the existing accessory garage in a non-permitted side yard; at 1) accessory garage located in other than the code permitted rear yard; located at: 305 Ole Jule Lane,Mattituck,NY. SCTM No. 1000-114-12-14.2. 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). 10:12 A.M. - EDNA J. ACQUAVIVA, BONI D. FASH, VINCENT J. QUATROCHE, JR. #7805 — By Martin Finnegan, Attorney. Request for a Waiver of Merger petition under Article II, Section 280-10A, to unmerge land identified as SCTM No. 1000-33-4-69 which has merged with SCTM No. 1000-33-4-70, based on the Building Inspector's February 21, 2023 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, 130 Sunset-Lane, Greenport,NY. SCTM Nos.1000-33-4-69 and 1000-33-4-70. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Page 4—MINUTES Regular Meeting held August 3, 2023 Southold Town Zoning Board of Appeals 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). 10:24 A.M. - CHANET TISDEL#7806—By Michael Kimack, Representative. Request for a Variance from Article III, Section 280-15; and the Building Inspector's April 13, 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: 905 Ninth Street, Greenport,NY. SCTM No. 1000-48-2-29. 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). 10:33 A.M. —MICHELE SASSO AND JAQUELINE JONES #7807—By Joseph Oliveri, Representative. Request for Variances from Article IV, Section 280-18; Article XXIII, Section 280- 124; and the Building Inspector's April 24, 2023, Amended May 2, 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 minimum front yard property line setback of 35 feet; 2) located less than the code required minimum side yard,property line setback of 10 feet; 3) more than the code permitted maximum lot coverage of 20%; located at: 4525 South Harbor Road, Southold,NY. SCTM No. 1000-87-1-6.4. 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 (4-0). 10:41 A.M. - MEGAN BARRON, COTTAGE#15 BREEZEY SHORES #7810—By Megan Barron, Applicant. Request for a Variance from Article XXIII, Section 280-123; and the Building Inspector's April 28, 2023 Notice of Disapproval based on an application for a permit to construct a dormer addition to an existing seasonal cottage; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use, located at: #15 Breezy Shores, 65490 Main Road(adj. to Shelter Island Sound) Greenport,NY. SCTM41000-53-5-12.6. 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 4-0Z 10:52 A.M. - THOMAS AND KATHLEEN BURKE #7811 SE—By Thomas Burke, Applicant. Opposition from by Paul Connor and Pete Haack. Applicants request a Special Exception under Article III, Section 280-13B(13). The Applicant is owner of the subject property requesting authorization to establish an Accessory Apartment in an existing accessory structure; at: 780 Deep Hole Drive, Mattituck NY. SCTM#1000-115-12-11. 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 4-0Z Page 5—MINUTES Regular Meeting held August 3, 2023 Southold Town Zoning Board of Appeals 11:13 A.M. - AGUSTIN AND MELISSA ROMO #7812—By Pablo Miquel Iglesias, Representative. Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector's April 25, 2023 Notice of Disapproval based on an application for a permit to construct a deck addition with a canopy attached to an existing single family dwelling; 1) located less than the code required minimum secondary front yard property line setback of 25 feet; located at: 1820 Wells Avenue, Southold,NY. SCTM#1000-70-3-20. 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 4-0Z 11:20 A.M. - LAWRENCE C. AND JEANNE M.'PROVENZANO#7813 —By Anthony Pasca, Attorney and Kate Samuels, Architect. Opposition from Margaret Nessbaum. Request for Variances from Article 111, Section 280-15; Article XXIII, Section 280-124; Article XXXVI, Section 280-207; and the Building Inspector's April 10, 2023 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool, and construct additions and alterations to a single family dwelling including a second story addition, and a 31.5 sq. ft. outdoor shower; at 1) pool located in other than the code permitted rear yard; 2) additions more than the code permitted maximum lot coverage of 20%; 3) additions located less than the code required minimum rear yard setback of 35 feet; 4) gross floor area exceeding permitted maximum square footage for lot containing up to 20,000 square feet in area; located at: 555 Three Waters Lane, Orient,NY. SCTM No. 1000-15-7-10. 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). 11:45A.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento to break for lunch. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:10 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: 1:10 P.M. - 9450 MAIN BAYVIEW LLC/DANIEL MARRA#7804—By Anthony Portillo, Representative, Daniel Marra, Owner. Opposition from Gail Wickham, Mary Kirsh and Tom Passanant. Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector's March 30, 2023 Notice of Disapproval based on an application for a permit to construct a single family dwelling; at 1) located less than the code required minimum front yard setback of 50 feet; located at: 9450 Main Bayview Road, Southold,NY. SCTM No. 1000-87-5-22. 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 Page 6—MINUTES Regular Meeting held August 3, 2023 Southold Town Zoning Board of Appeals ADJOURN WITHOUT A,DATE. Vote of the Board: Ayes: All. This Resolution was duly adopted ki:10Z 2:09 P.M. - MARY KATHLEEN MARTIN AND PHILIPPE VAILLANCOURT#7815—By Martin Finnegan, Attorney. Request for a Variance from Article III, Section 280-15 and the Building Inspector's May 11, 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; 375 Mill Road, Mattituck,NY. SCTM No. 1000-113-3-7.3. 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 (4-0). _ VII. RESOLUTIONS: A. RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by Member Dantes to set the Regular Meeting with Public Hearings to be held on Thursday, September 7, 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, July 20, 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. Respectfully submitted, (_ 10, Kim E. Fuentes / )S/2023 Board Assistant Included by Reference: Filed ZBA Decisions (1) RECEIVED + fj.A.A G 12:3Lgr1t c p 21 NB Leslie Kanes Weisman, Chairperson / /2023 f� Sout old Town Clerk Approved for Filing Resolution Adopted