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Home My WebLink AboutZBA-11/02/2023 BOARD MEMBERS $� Southold Town Hall QF (/ 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. Town Annex/First Floor Nicholas Planamento ^�yQ 54375 Main Road(at Youngs Avenue) IiYCOMM Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD TeMI ))NUTES 09 REGULAR MEETING THURSDAY, NOVEMBER 2, 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, November 2, 2023 commencing at 9:00 A.M. Present were: Leslie Kanes Weisman, Chairperson Kim Fuentes, Board Assistant Nicholas Planamento, Vice Chair Donna Westermann, Office Assistant Robert Lehnert, Member Julie McGivney, Assistant Town Attorney Eric Dantes, Member Patricia Acampora, Member 9:09 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 9:09 A.M. 9:09 A.M. -A Motion was offered by Chairperson Weisman, seconded by Member Acampora to enter into Executive Session in order to receive Attorney Advice. Vote of the Board: A Members Weisman (Chairperson), Dantes, Planamento, Acampora and Lehnert. This Resolution was duly adopted 5-0). 9:58 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 . II. WORK SESSION: Began at 10:08 AM. 1) Requests from Board Members for future agenda items. 2) The Board discussed extensions, de minimus approvals and amended decisions. Page 2—MINUTES Regular Meeting held November 2, 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: Parisa Golestaneh/Little Poquatuck#7808 Emily and Jarrett White#7843 67 Sound Cheshire LP/Susan Hewitt#7848 Galia Meiri And Oren Meiri, Executors#7840 Jeffrey and Elizabeth Samuels#7841 Jordan and Wendy Handler#7842 Lisa and Mark Montifiore#7844 SMB RE Service, Inc. #7845 Michael V. Liegey#7846 IV. POSSIBLE RESOLUTION TO CLOSE THE FOLLOWING HEARING: 10:09 A.M. - NORTH FORK PROJECT 2, LLC. & NORTH FORK PROJECT 3, LLC. #7836 - Request for Variances from Article III, Section 280-14 and Article III,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,N.Y. SCTM No. 1000-122-2-8.1 and 1000-122-2-24.4. RESOLUTION: A 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). V. POSSIBLE RESOLUTION TO REOPEN THE FOLLOWING HEARING: 10:10 A.M. —EDWIN J. PISANI #7834SE- 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: A motion was offered by Chairperson Weisman, seconded by Member Acampora to REOPEN THE PUBLIC HEARING by Unanimous Vote. Vote of the Board: Ayes: 4 No: 1 This Resolution FAILED a Unanimous Vote. Page 3—MINUTES Regular Meeting held November 2, 2023 Southold Town Zoning Board of Appeals VI. DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: GRANT RELIEF AS APPLIED WITH CONDITIONS: Veronica Gonzalez#7767 Walter Gless#7826 Vote of the Board: Ayes: Members Weisman(Chairperson), Dantes, Acampora, Planamento and Lehnert. This Resolution was dull ted 5-0) GRANT RELIEF AS AMENDED WITH CONDITIONS: North Fork Project 2, LLC and North Fork Project 2, LLC#7836 Vote of the Board: Ayes: Members Weisman(Chairperson), Dantes, Acampora, Planamento and Lehnert. This Resolution was duly adopted(5-0) VII. 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. 10:14 AM -PARISA GOLESTANEH/LITTLE POQUATUCK#7808: By Brooke Epperson, Representative. Patricia Moore in support. Marian Toy in opposition. Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124, and the Building Inspector's February 2, 2023, AMENDED March 7, 2023 and August 23, 2023,Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool; 1) more than the code permitted maximum lot coverage of 20%; 2) located in other than the code permitted rear yard; located at: 960 Willow Terrace (Adj. to Orient Harbor), Orient,NY. SCTM#1000-26-2-21. 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). 10:36 A.M. -EMILY AND JARRETT WHITE#7843: By Brooke Epperson, Representative. Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector's September 5, 2023,Notice of Disapproval based on an application for a permit to demolish(as per Town Code definition) and reconstruct a single family dwelling and an accessory garage, and to legalize the location of an existing shed (under 144 sq. ft.); at; 1) dwelling is located less than the code required minimum front yard setback of 40 feet; 2) accessory garage located in other than the code permitted rear yard; 3) accessory shed is located less than the code required minimum rear yard setback of 10 feet; 4) accessory shed is located less than the code required minimum side yard setback of 10 feet; located at: 230 Lesters Road, Mattituck,NY. SCTM#1000- 114-7-5.1. RESOLUTION: (Please see transcript of written statements prepared under separate Page 4—MINUTES Regular Meeting held November 2, 2023 Southold Town Zoning Board of Appeals 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) 10:41 A.M. —67 SOUND CHESHIRE LP/SUSAN HEWITT#7848: By Brooke Epperson, Representative. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's August 31, 2023,Notice of Disapproval based on an application for a permit to construct a single family dwelling; at; 1) less than the code required minimum front yard setback of 35 feet; located at: 520 Madison Avenue, Greenport,NY. SCTM No. 1000-42-1-1. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Acampora to CLOSE HEARING AND RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted ,5-0) 10:45 A.M. - GALIA MEIRI AND OREN MEIRL EXECUTORS #7840: By Martin Finnegan, Attorney. Gail Wickham in support. Jake Behan in opposition. Request for a Variance from Article II, Section 280-9A(1) and the Building Inspector's July 13, 2023,Notice of Disapproval based on an application for lot recognition and to legalize a lot created by deed on October 22, 1980 at; 1) lot having less than the required lot width of 100 feet which no longer conforms to Bulk Schedule AA; located at: 955 Lilac Lane, Cutchogue,NY. SCTM#1000-104-1-14. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Dantes to CLOSE HEARING AND RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0) 11:10 A.M. - JEFFREY AND ELIZABETH SAMUELS #7841: By Robert Brown, Representative. Louis Messina in Support. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's August 28, 2023,Notice of Disapproval based on an application for a permit to construct a front porch addition, an outdoor shower and interior alterations to an existing single family dwelling; at; 1) less than the code required minimum front yard setback of 35 feet; located at: 855 Gagens Landing Road, Southold,NY. SCTM#1000-70-10-31. 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) 11:21 A.M. - JORDAN AND WENDY HANDLER#7842: By Robert Brown, Representative. Request for Variances from Article III, Section 280-13C; Article III, Section 280-15; and the Building Inspector's August 29, 2023,Notice of Disapproval based on an application for a permit to construct additions and alterations to a non-conforming accessary building; at; 1)proposed conditioned, habitable space is not customarily incidental to the principal use, and furthermore, not a permitted use; 2) located in other than the code permitted rear yard; located at: 1225 North Sea Drive, (adj. to Long Island Sound) Southold,NY. SCTM#1000-54-4-14. 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 November 2, 2023 Southold Town Zoning Board of Appeals 11:28 A.M. - LISA AND MARK MONTIFIORE#7844: By Isaac Roe Clay, Representative. Request for Variances from Article III, Section 280-15 and the Building Inspector's July 18, 2023, Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing a 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 35 feet; located at: 4452 Great Peconic Bay Blvd,Laurel,NY. SCTM#1000-128-4-22.2. 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 subject to receipt of corrected architectural plans. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0) 11:34 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). 1:00 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: 1:01 P.M. - SMB RE SERVICE, INC. #7845: By Patricia Moore, Attorney. Request for a Variance from Article XXII, Section 280-107 and the Building Inspector's July 12, 2023,Notice of Disapproval based on an application for a permit to construct a 24 ft. by 220 ft. building into six(6) single family dwellings, each having no less than 850 sq. ft. in area located on a conforming 68,901 sq. ft. parcel in the Hamlet Business District; at; 1) length of building exceeds the maximum permitted 125 feet; located at: 56025 NYS Route 25, Southold,NY. SCTM#1000-63-3-26. 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 d pted 5-0) 1:22 P.M. - MICHAEL V. LIEGEY#7846: By Michael Liegey, Owner. Opposition from Jim Frederickson, Ann Surchin, David Phillips, Harriet Abraham, Terrence Flood, Robert Maddalena, Dennis Eulau, John Scoblicki, and Joanne Maddalena. Request for a Variance from Article III, Section 280-15 and the Building Inspector's September 16, 2023,Notice of Disapproval based on an application for a permit to construct an accessory garage; at; 1) located in other than the code required rear yard; located at: 105 Town Creek Lane, Southold,NY. SCTM#1000-64-1-9.1. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento to ADJOURN THE PUBLIC HEARING TO DECEMBER 7, 2023. Vote of the Board: Ayes: All. This Resolution was duly adopted(4-0) (Member Planamento Recused) Page 6—MINUTES Regular Meeting held November 2, 2023 Southold Town Zoning Board of Appeals VIII. 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, December 7, 2023, at 9:00 A.M. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0j. B. RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by Member Lehnert to approve Minutes from Special Meeting held on Thursday, October 19, 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 approve a One Year Extension for Alison Byers, #7436, 10075 Nassau Point Road, Cutchogue, Cutchogue, SCTM No. 1000-119-1-13.1. 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 Lehnert to approve an AMENDMENT to Condition No. 3 of Appeal No. 7835, Kathleen Walas and Thomas Sarakatsannis,750 Brooks Road(Adj.to Pipes Neck Creek)Greenport, NY. SCTM: 1000-53-1-16. Vote of the Board: Ayes: All. This Resolution was duly adopted(5- 91 There being no other business properly coming before the Board at this time, the Chairperson declared the meeting adjourned. The meeting was adjourned at 2:18 P.M. Respect lly sub itted, Kim E. Fuentes 11 /1-7 /2023 Board Assistant Included by Reference: Filed ZBA Decisions (3) RECEIVED 414A Leslie Kanes Weisman �/�/2023 N V 2 0 2023 Approved for Filing Resolution Adopted Southold Town Clerk