Loading...
HomeMy WebLinkAboutZBA-10/05/2023 BOARD MEMBERS �F SOU Southold Town Hall Leslie Kanes Weisman, Chairperson O�� Ty�l 53095 Main Road•P.O. Box 1179 Patricia Acampora h O Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert,Jr. Town Annex/First Floor Nicholas Planamento �Q 54375 Main Road(at Youngs Avenue) COU Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN(631) 765-1809 TeMINUTESg09 REGULAR MEETING THURSDAY, OCTOBER 5, 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, October 5, 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 9:10 A.M. 9:10 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). 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). II. WORK SESSION: Began at 10:06 AM. 1) Requests from Board Members for future agenda items. 2) The Board discussed several extensions Page 2—MINUTES Regular Meeting held October 5, 2023 Southold Town Zoning Board of Appeals 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: Walter Gless#7826 QJSG Properties, LLC #7827 Joseph C. McCormack, Jr. #7828 Patrick McElroy#7830 Michael and Nicholas Giacone#7829 Tracy and Alexander Sutton#7831 Robert S. Martin#7833 Kathleen Walas and Thomas Sarakatsannis#7835 Charles Disapio and Xanne Perez#7832 Edwin J. Pisani#7834SE William And Stacey Brennen#7837 North Fork Project 2, LLC. &North Fork Project 3, LLC. #7836 Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). B. SEQRA STATEMENT- BUDD'S POND MARINA, INC., AKA ALBERTSONS MARINA, WIRELESS CELL TOWER#7839:—Subject Action to construct a new wireless telecommunications facility to be Declared as an Unlisted Action by the Planning Board, as Lead Agency.No vote required. IV. DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: GRANT RELIEF AS APPLIED WITH CONDITIONS: Berry P. 2021 QPRT#7818 Vote of the Board: Ayes: Members Weisman (Chairperson), Dantes, Acampora, and Lennert. This Resolution was duly adopted(4-0)(Member Planamento Recused). RELIEF DENIED Allan Schwartzman#7816 Page 3—MINUTES Regular Meeting held October 5, 2023 Southold Town Zoning Board of Appeals 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. 10:11 A.M. - WALTER GLESS #7826 — By Jake LaChapelle, Representative and Walter Gless, Owner. Request for Variances from Article XXIII, Section 280-124; and the Building Inspector's June 28,2023 Notice of Disapproval based on an application for a permit to legalize the"as built"demolition of an existing residence (as per Town Code definition) and to reconstruct a single family dwelling; at 1) less than the code required minimum rear yard setback of 35 feet; located at 800 Koke Drive, (adj. to Corey Creek) Southold, NY. SCTM No. 1000-87-5-7. 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 subject to receipt of additional information. Vote of the Board: Ayes: All. This Resolution was duly dopted 5-0Z 10:21 A.M. — QJSG PROPERTIES, LLC #7827 — By Charles Cuddy, Attorney. Jeff Standish in support. Request for Variances from Article III, Section 280-13C; Article III, Section 280-15; Article XXII, Section 280-1051)(4); and the Building Inspector's May 9,2023,Amended July 28,2023 Notice of Disapproval based on an application for a permit to install additional deer fencing and to construct an accessory potting shed, a chicken run with coop, a goat barn, an accessory artist studio structure, barn, and two (2) hoop houses, and to legalize an "as built" accessory pergola, a greenhouse and two (2) sheds on rural residential property; at 1) the proposed artist studio use in the accessory building is not a permitted accessory use;2) seven(7)proposed accessory structures located in other than the code permitted rear yard; 3) four (4) "as built" accessory structures located in other than the code permitted rear yard; 4) deer fencing located in the non-permitted front yard or primary front yard; located at: 38015 NYS Route 25, Orient,NY. SCTM No. 1000-15-2-15.7. 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 subject to receipt of additional information. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). 10:36 A.M. - JOSEPH C. MCCORMACK, JR. #7828—By Michael Kimack, Representative. Request for Variances from Article XXIII, Section 280-124, and the Building Inspector's June 28, 2023 Notice of Disapproval based on an application for a permit to demolish (as per Town Code definition) and reconstruct a single family dwelling; at 1) less than the code required minimum primary front yard setback of 35 feet; 2) less than the code required minimum rear yard setback of 35 feet; located at: 2670 Stillwater Avenue, Cutchogue,NY. SCTM No. 1000-136-2-17.1. 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). 10:42 A.M. -PATRICK MCELROY#7830—By Mike Kimack, Representative and Pat McElroy, Owner. Request for Variances from Article XXIII, Section 280-124; Article XXXVI, Section 280- Page 4—MINUTES Regular Meeting held October 5, 2023 Southold Town Zoning Board of Appeals 207A(1)(b); and the Building Inspector's May 25, 2023 Notice of Disapproval based on an application for a permit to demolish(as per Town Code definition) and reconstruct a single family dwelling; at 1) located less than the code required minimum primary front yard setback of 35 feet; 2) located less than the code required minimum side yard setback of 10 feet; 3)more than the code permitted maximum lot coverage of 20%; 4) gross floor area exceeding permitted maximum square footage for lot containing up to 20,000 square feet in area; located at: 440 Third Street,New Suffolk, NY. SCTM No. 1000-117-9-20. 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). 11:01 A.M. -MICHAEL AND NICHOLAS GIACONE#7829—By Nicholas Mazzaferro, Representative. Request for a Variance from Article XXIII, Section 280-123, and the Building Inspector's May 3, 2023 Notice of Disapproval based on an application for a permit to legalize "as built" front porch and rear deck attached to an existing seasonal dwelling; 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: 270 Park Avenue Ext., (Adj. to Deep Hole Creek)Mattituck,NY. SCTM No. 1000-123-8-27. 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). 11:09 A.M. - TRACY AND ALEXANDER SUTTON#7831 —By Patricia Moore, Attorney and Tracy and Alexander Sutton, Owners. Request for a Variance from Article III, Section 280-14 and the Building Inspector's May 12, 2023 Notice of Disapproval based on an application for a permit to legalize "as built" alterations to convert to habitable space in the attic (third floor) of a single family dwelling, and to rescind a condition of a permitted Special Exception; at 1) as per condition#4 stipulated in Special Exception file#7527SE, dated September 16, 2021 which states the third floor attic shall not be used as living space by owner nor by the Bed and Breakfast guests and is to remain unheated and unconditioned for storage use, only; located at 25500 Main Road, Orient,NY. SCTM No. 1000-18-6-10. 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. -ROBERT S. MARTIN#7833 —By Diana LaSpasa, Representative. Request for a Variance from Article III, Section 280-15, and the Building Inspector's May 23, 2023 Notice of Disapproval based on an application for a permit to construct an accessory pool pavilion; at 1) located in other than the code permitted rear yard; located at: 1600 Little Neck Road, Cutchogue,NY. SCTM No. 1000-103-4-13. 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)., Page 5—MINUTES Regular Meeting held October 5, 2023 Southold Town Zoning Board of Appeals 11:50 A.M. -KATHLEEN WALAS AND THOMAS SARAKATSANNIS #7835 —By Anthony Portillo, Representative. Request Variances from Article XXIII, Section 280-124; Article XXXVI, Section 280-208A, and the Building Inspector's May 25, 2023, Amended July 7, 2023 Notice of Disapproval based on an application for a permit to demolish(as per Town Code definition) and reconstruct a single family dwelling with swimming pool addition; at 1) located less than the code required minimum front yard property line setback of 40 feet; 2) located less than the code required minimum side yard property line setback of 15 feet; 3)the construction exceeds the permitted sky plane as defined in Article XXXVI, Section 280-4 of the Town Code; located at: 750 Brooks Road (adj. to Pipes Neck Creek, Greenport,NY. SCTM No. 1000-53-1-16. 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). 12:07 P.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). 1:08 P.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento to reconvene the public hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). PUBLIC HEARINGS—CONTINUED: 1:08 P.M. - CHARLES.DISAPIO AND XANNE PEREZ 0832—By Martin Finnegan, Attorney. Request for a Variance from Article III, Section 280-13C, and the Building Inspector's July 13, 2023 Notice of Disapproval based on an application for a permit to legalize an"as-built" artist studio with a half bathroom in an existing accessory garage; at 1) the proposed use in the accessory building is not a permitted accessory use; located at: 5780 New Suffolk Avenue, (adj. to Deep Hole Creek) Mattituck,NY. SCTM No. 1000-115-10-7. 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) 1:14 P.M.—EDWIN J. PISANI #7834SE—By Martin Finnegan, Attorney. Applicant requests a Special Exception under Article III, Section 280-13C(13). The Applicant is owner of the subject property requesting authorization to establish an Accessory Apartment in an existing accessory structure; at: 7180 Peconic Bay Boulevard, (adj. to Great Peconic Bay) Laurel,NY. SCTM#1000- 126-11-9.1. 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 subject to receipt of additional information and an amended drawing. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). 1:34 P.M. —WILLIAM AND STACEY BRENNEN#7837—By Hideaki Ariizumi, Representative. Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's July 24, Page 6—MINUTES Regular Meeting held October 5, 2023 Southold Town Zoning Board of Appeals 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; 2) located less than the code required minimum combined side yard setback of 25 feet; located at: 1050 Trumans Path(Adj. to Marion Lake), East Marion,NY. SCTM No. 1000-31- 12-5.1. 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). 1:38 P.M. —NORTH FORK PROJECT 2, LLC. &NORTH FORK PROJECT 3, LLC. 47836—By Martin Finnegan, Attorney; and Anthony Martignetti, Owner. Opposition from Loriann Pfeifer and Alison Reiter. Request for Variances from Article III, Section 280-14 and Article 1I1, Section 280- 15; and the Building Inspector's June 20, 2023 Notice of Disapproval based on an application to create a two lot subdivision; at 1)proposed Lot 1 is less the code required minimum lot size of 80,000 square feet; 2)proposed Lot 1 is less than the required lot depth of 250 feet; 3) a Greenhouse located on proposed Lot 2 is less than the minimum required side yard setback of 20 feet; located at 10020 Sound Avenue and 9650 Sound Avenue, Mattituck,NY. SCTM No. 1000-122-2-8.1 and 1000-122- 2-24.4. 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 (5-0). 2:05 P.M. - CHRIS AND MARISA LAZOS #7809—By Patricia Moore, Attorney, and Anthony Portillo, Representative. In support Andrew Stanton. 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 CLOSE HEARING subject to receipt of additional information. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 2:35 P.M. - BUDD'S POND MARINA, INC., AKA ALBERTSONS MARINA, WIRELESS CELL TOWER#7839—By Greg Alvarez, William Sclar, and Michael Lynch, Representatives, and Bill Witzke, Owner. Request for Variances from Article XIII, Section 280-53; and the Building Inspector's August 9, 2023,Notice of Disapproval based on an application for a permit to construct a new wireless telecommunications facility; 1) having less than 160,000 sq. ft. as required for a second principal use (80,000 sq. ft. per principal use) in MII Zoning District where a principal use as a marina with boat storage already exists; 2) located less than the code required minimum rear yard property line setback of 25 feet; 3) more than the code permitted maximum lot coverage of 30%; located at: 61405 Main Road, Southold,NY. SCTM#1000-56-3-15. 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 Page 7—MINUTES Regular Meeting held October 5, 2023 Southold Town Zoning Board of Appeals subject to completion of SEQRA Review. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 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, November 2, 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 Planamento to approve Minutes from Special Meeting held on Thursday, September 21, 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 Planamento to approve a One Year Extension for Paul Reinckens #7359, 1065 Hummel Avenue, Southold, SCTM No. 1000-63-2-26. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). D. RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by Member Planamento to approve a One Year Extension for Paul Reinckens #7361 SE, 1065 Hummel Avenue, Southold, SCTM No. 1000-63-2-26. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-02 E. RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by Member Lehnert to approve an extension for Andrew Fohrkolb, Appeal No. 7266, 1335 Fleetwood Road, Cutchogue, SCTM#1000-137-4-30. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0Z F. RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by Member Acampora to approve an extension for Alexander Wilmerding, Appeal No. 7259, Reservoir Road, Fishers Island, SCTM No. 1000-9-9-3.1. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). G. RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by Member Acampora to approve an extension for Hard Corners Partners, LLC, Appeal No. 7387, 53530 Main Road, Southold, SCTM No. 1000-61-4-1. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0). Page 8—MINUTES Regular Meeting held October 5, 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 3:17 P.M. Respectfully s bmitted, Kim E. Fuentes to /1') /2023 Board Assistant Included by Reference: Filed ZBA Decisions (2) Leslie Kanes Weisman 1©/ y /2023 Approved for Filing Resolution Ad/opted J RECEIVED d #AA4 6 NGqA2 5 2023 0, ✓ Southold Town Clerk