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Home My WebLink AboutZBA-09/07/2023 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��F so 53095 53095 Main Road•P.O. Box 1179 Patricia Acampora �� alp Southold,NY 11971-0959 Eric Dantes t Office Location: Robert Lehnert,Jr. G Q Town Annex/First Floor Nicholas Planamento �O 54375 Main Road(at Youngs Avenue) COU Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 MINUTES REGULAR MEETING THURSDAY, SEPTEMBER 7, 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, September 7, 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 Patricia Acampora, Member 9:05 A.M. Chairperson Weisman called the meeting to order. Vote of the Board: Ayes: Members Weisman(Chairperson), Planamento, Dantes, Acampora, and Lehnert. This Resolution was duly adopted (5-0).) I. EXECUTIVE SESSION: Began at 9:05 A.M. 9:05 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), Dantes, Planamento, Acampora, and Lehnert. This Resolution was duly adopted (5-0). 10:00 A.M. -Motion was offered by Member Weisman(Chairperson), seconded by Member Dantes 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 September 7, 2023 Southold Town Zoning Board of Appeals II. WORK SESSION: Began at 10:08 AM. 1) Requests from Board Members for future agenda items. 2) The Board discussed a One Year Extension approval—Appeal#7680, Jennifer Maye 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: Mikhail and Jennifer V. Rakhmanine, As Trustees#7814 Chris,and Marisa Lazos #7809 Allan Schwartzman#7816 Gerald and Robin Murtha#7817 Berry P. 2021 QPRT#7814 Wine Country Promotions, LLC. #7819 Gregory and Kristina Couch#7820 BJB Ventures, LLC#7821 Katherine Oliver#7822 Janet Van Adelsberg#7825 Trustees of the Morgan Croke Irrevocable Trust/Jesse Croke, Et Al#7823 Sarah Reetz#7824 Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). IV. DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: GRANT RELIEF AS APPLIED WITH CONDITIONS: 46770 Route 48,LLC/Peconic Watersports#7700SE DENY AS APPLIED, GRANT RELIEF AS AMENDED WITH CONDITIONS: 46770 Route 48, LLC/Peconic Watersports#7701 Vote of the Board: Ayes: Members Weisman(Chairperson), Planamento, and Acampora. This Resolution was duly adopted (3-0). (Members Dantes and Lehnert Recused) Page 3—MINUTES Regular Meeting held September 7, 2023 Southold Town Zoning Board of Appeals SPECIAL EXCEPTION DENIED: Thomas and Kathleen Burke @7811 SE Vote of the Board: Ayes: Members Weisman (Chairperson), Dantes, Planamento, Acampora, and Lehnert. This Resolution was duly adopted (5-0). 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. - MIKHAIL AND JENNIFER V. RAKHMANINE, AS TRUSTEES #7814—By Martin Finnegan, Attorney. Request for Variances from Article XXIII, Section 280-124; and the Building Inspector's April 11, 2023 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) less than the code required minimum side yard setback of 15 feet; 2) less than the code required minimum combined side yard setback of 35 feet; located at 685 Bungalow Lane, (Adj. to Deep Hole Creek) Mattituck,NY. SCTM No. 1000-123-3-9. 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 AND RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was dull adopted(5-0). 10:22 A.M. - CHRIS AND MARISA LAZOS #7809—By Anthony Portillo, Representative and Chris Lazos, Owner. Support by Andrew Stanton, Lynn Normandia and Patrica Moore. Request for Variances from Article IV, Section 280-18; Article XXIII, Section 280-124; Article XXXVI, Section 280-207A(1)(b); and the Building Inspector's March 10, 2023 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling; at 1) exceeding the maximum permitted two and one half(2 1/2) stories; 2) gross floor area exceeding permitted maximum square footage for lot containing up to 20,000 square feet(buildable)'in area; 3) more than the code permitted maximum lot coverage of 20%; located at: 1200 Leeton Drive, Southold,NY. SCTM No. 59-1-1. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento to ADJOURN PUBLIC HEARING TO OCTOBER 5, 2023. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0. 11:17 A.M. - ALLAN SCHWARTZMAN#7816—By Patricia Moore, Attorney. Request for a Variance from Article XXIII, Section 280-123 and the Building Inspector's April 10, 2023 Notice of Disapproval based on an application for a permit to legalize "as built" alterations to a pre-existing accessory garage containing a sleeping room, bathroom and two (2) conditioned spaces; at 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: 1165 West Road, (Adj. to Cutchogue Harbor) Cutchogue,NY. SCTM No. 1000-110-7-2. 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 Page 4—MINUTES Regular Meeting held September 7, 2023 Southold Town Zoning Board of Appeals CLOSE HEARING AND RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). 11:38 A.M. - GERALD AND ROBIN MURTHA#7817—By Heather Sanderson, Representative. Opposition by Angelina Norton. Request for a Variance from Article III, Section 280-15 and the Building Inspector's April 14, 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: 2662 Long Creek Drive, Southold,NY. SCTM No. 1000-56-1-11.17. 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) 11:44 A.M. - BERRY P. 2021 QPRT#7818—By Michael Kimack, Representative. Request for a Variance from Article XXII, Section 280-116A(1) and the Building Inspector's April 27, 2023 Notice of Disapproval based on an application for a permit to construct a pergola addition to a single family dwelling; at 1) located less than the code required 100 feet from the top of the bluff; located at 2840 Stars Road, East Marion,NY. SCTM No. 1000-22-3-1. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Acampora to CLOSE HEARING AND RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted(4-0). (Member Planamento recused) 11:46 A.M. -WINE COUNTRY PROMOTIONS,LLC. #7819—By Michael Kimack,Representative, Helen Calle-lin, Owner. Support by Ken Zahler. Request for an Interpretation pursuant to Article III, Section 280-13A(1), and the Building Inspector's May 1, 2023 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family at: 1) to determine whether the proposed construction is permitted,and whether the proposed intent as designed; and functionality of the site constitutes a Single Family Dwelling; located at: 63615 County Road 48, (Adj. to Long Island Sound) Greenport,NY. SCTM No. 1000-40-1-20.1. 12:00 P.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento to break for lunch(Justice Court Arraignment). Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0. 1:03 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 September 7, 2023 Southold Town Zoning Board of Appeals PUBLIC HEARINGS—CONTINUED: 11:46 A.M. - WINE COUNTRY PROMOTIONS, LLC. #7819—Continued. 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). 1:47 P.M. - GREGORY AND KRISTINA COUCH#7820—By Robert Brown, Representative and Greg Couch, Owner. Request for a Variance from Article XXIII, Section 280-1'24 and the Building Inspector's May 19, 2023 Notice of Disapproval based on an application for a permit to construct an accessory structure; at 1) less than the code required minimum side yard setback of 20 feet; located at: 345 Reeve Avenue, (Adj. to Marratooka Lake) Mattituck,NY. SCTM No. 1000-114-9-6. 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 dopted 5-0). 1:52 P.M. - BJB VENTURES, LLC #7821 —By William Goggins, Attorney. Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector's May 22, 2023 Notice of Disapproval based on an application for a permit to legalize "as built" additions and alterations to an existing accessory garage, at 1) less than the code required minimum rear yard setback of 5 feet; 2) more than the code permitted maximum 1,000 square feet in size; 3) more than the code permitted maximum lot coverage of 20%; located at: 1235 Factory Avenue, Mattituck, NY. SCTM No. 1000-122-2-18. 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). 2:06 P.M. -KATHERINE OLIVER#7822—By Frank Uellendahl, Representative. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's June 1, 2023 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling, at 1) less than the code required minimum side yard setback of 15 feet; located at: 1255 Bay Shore Road, (Adj. to Shelter Island Sound) Greenport, NY. SCTM No. 1000-53- 4-2. 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). 2:12 P.M. - JANET VAN ADELSBERG#7825 —By Ural Talgat, Representative and Janet Van Adelsberg, Owner. Request for a Variance from Article III, Section 280-15 and the Building Inspector's June 13, 2023 Notice of Disapproval based on an application for a permit to construct an accessory structure; at 1) located in other than the code permitted rear yard; located at: 4297 Wells Road, (Adj. to Richmond Creek) Peconic,NY. SCTM No. 1000-86-1-9.5. 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 Page 6—MINUTES Regular Meeting held September 7, 2023 Southold Town Zoning Board of Appeals AND RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted (5- 2:16 P.M. - TRUSTEES OF THE MORGAN CROKE IRREVOCABLE TRUST/JESSE CROKE, ET AL #7823 By Katrina Grinko, Attorney. Request for a Waiver of Merger petition under Article II, Section 280-10A, to unmerge land identified as SCTM No. 1000-48-1-31 which has merged with SCTM No. 1000-48-1-30, based on the Building Inspector's May 24, 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, 820 Wiggins Street, Greenport,NY. SCTM Nos.1000-48-1-30 and 1000-48-1-31. 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). 2:32 P.M. - SARAH REETZ #7824 — By Frank Uellendahl, Representative and Martin Finnegan, Attorney. Request for a Waiver of Merger petition under Article II, Section 280-10A,to unmerge land identified as SCTM No. 1000-49-1-16 which has merged with SCTM No. 1000-49-1-17, based on the Building Inspector's June 16, 2023 Notice of Disapproval; relief from ZBA determination #4546, of March 3, 1998, that requires lots to be merged; and permission to construct a single family dwelling; at; 1) 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); 2) prior Zoning Board of Appeals determination #4546, states that subject lot is merged and acts as a single lot and lot area with the adjoining parcel; located at, 825 Cove Circle, Greenport,NY. SCTM Nos.1000-49-1-16 and 1000-49-1-17. 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, October 5,2023, 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 Dantes to approve Minutes from Special Meeting held on Thursday, August 17, 2023. Vote of the Board: Ayes: All. This Resolution was duly adopted (5� C. RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by Member Acampora to approve a One Year Extension of Condition No. 6 for Appeal no. 7680, John Bernhard and Jennifer Maye, 2285 Little Neck Road, Cutchogue,NY. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 7—MINUTES Regular Meeting held September 7, 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 2:42 P.M. Respectfully submitted, Ct Kim E. Fuentes q /c ` /2023 Board Assistant Included by Reference: Filed ZBA Decisions (3) N' ho s J. Planamento, Vice Chair /u /2023 A rov d for Filing Resolution Adopted RECEIVED S E P 2 2 2023 Southold Town Clerk