The URL can be used to link to this page

Home My WebLink AboutZBA-12/07/2023 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson ��0� S®�ry0 53095 Main Road•P.O. Box 1179 Patricia Acampora Southold,NY 11971-0959 Eric Dantes t [ Office Location: Robert Lehnert,Jr. Town Annex/First Floor Nicholas Planamentofly �� 54375 Main Road(at Youngs Avenue) CUM Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 MINUTES REGULAR MEETING THURSDAY, DECEMBER 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, December 7, 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 Elizabeth Sakarellos, Senior Office Assistant Eric Dantes, Member Julie McGivney, Assistant Town Attorney Patricia Acampora, Member 9:08 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)_.� XX�C I. EXECUTIVE SESSION: Began at 9:08 A.M. 9:09 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). 9:56 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). Page 2—MINUTES Regular Meeting held December 7, 2023 Southold Town Zoning Board of Appeals II. WORK SESSION: Began at 10:05 AM. 1) Requests from Board Members for future agenda items. 2) The Board discussed extensions, de minimus approvals and amended decisions. 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: Roland Grant, President of Squest, Inc. #7847 Dean Company, LLC. #7849 Indian Neck Iv, LLC #7851 Kevin Kelly and Brigid Gillespie#7852 John Forni#7855 Pablo Leon#7853 Fishers Island School District/Ferry View LLC #7854 411 Equestrian Avenue, LLC #7856 Fishers Island Union Chapel#7857 1000 Sound Beach Dr., LLC #7858 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. 10:10 A.M. -ROLAND GRANT, PRESIDENT OF SQUEST, INC. #7847: By Patricia Moore, Attorney; Roland Grant, Owner. Request for Variances from Article XV, Section 280-62C; Article XV, Section 280-64B and 280-64C; and the Building Inspector's August 4, 2023, Amended October 17, 2023 Notice of Disapproval based on an application for a permit to demolish existing buildings and construct two public self-storage buildings (A & B), with building "A" creating an accessory apartment on the second floor and to maintain the existing 26.8 ft. by 37 ft. garage/storage building; at; 1) buildings `A and B', located in the HALO Zone, more than the permitted 60 linear of frontage on one street; 2) buildings `A and B' less than the code required minimum variable front yard setback of 70 feet; 3) buildings `A and B' less than the code required minimum rear yard setback of 70 feet; 4) building `A' proposing a non-permitted accessory apartment use; 5) garage/storage less than the code required minimum front yard setback of 100 feet; 6) garage/storage less than the code required Page 3—MINUTES Regular Meeting held December 7, 2023 Southold Town Zoning Board of Appeals minimum side yard setback of 20 feet; located at: 800 Horton Lane, Southold,NY. SCTM#1000-63-1- 9. 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 ADJOURN HEARING to February 1, 2024. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:50 A.M. - DEAN COMPANY, LLC. #7849: By Richard Dean, Owner. Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's August 21, 2023,Notice of Disapproval based on an application for a permit to construct a front porch and legalize an"as-built" rear deck attached to an existing single family dwelling; at; 1)proposed construction less than the code required minimum front yard setback of 40 feet; 2) `as built' deck less than the code required minimum rear yard setback of 50 feet; located at 180 Teepee Trail, Southold,NY. SCTM#1000-87-2- 20. 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) 10:55 A.M. -MICHAEL V. LIEGEY#7846: (Adjourned from November 2, 2023) By Michael Liegey, Owner. David Phillips, opposed. Request for a Variance from Article III, Section 280-15 and the Building Inspector's September 16, 2023,Notice of Disapproval based on anapplication 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 Lehnert to CLOSE HEARING AND RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0) (Member Planamento recused) 11:11 A.M. - INDIAN NECK IV, LLC #7851 —By Anthony Portillo, Representative and Rob Dickerson, Owner. Barbara Cohen, opposed. Request for a Variance from Article III, Section 280-14; and the Building�Inspector's September 8, 2023, Amended September 21, 2023,Notice of Disapproval based on an application to legalize as built demolition (as per Town Code definition, and reconstruct a single family dwelling; 1) less than the code required minimum front yard setback of 60 feet; located at: 3375 Indian Neck Lane, Peconic,NY. SCTM#1000-98-1-1.3. 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) 11:32 A.M. - KEVIN KELLY AND BRIGID GILLESPIE#7852—By Karen Hoeg, Attorney. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's August 9, 2023,Notice of Disapproval based on an application for a permit to reconstruct a front porch attached to a single family dwelling; at; 1) located less than the code required minimum front yard setback of 35 feet; located at: 295 Fanning Road,New Suffolk,NY. SCTM#1000-117-4-10. 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) Page 4—MINUTES Regular Meeting held December 7, 2023 Southold Town Zoning Board of Appeals 11:37 A.M. - JOHN FORNI#7855 —By Karen Hoeg, Attorney and John Forni, Owner. Request for a Variance from Article III, Section 280-15 and the Building Inspector's September 27, 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 2240 Bay Shore Road, Greenport, NY. SCTM#1000-53-4-26.1. 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) 11:49 A.M. - PABLO LEON#7853 —By Pablo Leon, Owner. Request for a Variance from Article XXII, Section 280-116A(1) and the Building Inspector's September 20, 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 100 feet from the top of the bluff; located at: 1400 Salt Marsh Lane (adj. to the Long Island Sound), Peconic,NY. SCTM#1000-68-3-2. 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 AND RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0) 11:55 A.M. -FISHERS ISLAND SCHOOL DISTRICT/FERRY VIEW LLC #7854- By Martin Finnegan, Attorney. Request for Variances from Article III, Section 280-14; Article XXII, Section 280-116A(1); and the Building Inspector's August 11, 2023,Notice of Disapproval based on an application for a permit to construct a single family dwelling and an accessory garage, at; 1) dwelling is less than the code required minimum front yard setback of 60 feet; 2) dwelling is located less than the code required 100 feet from the top of the bluff, 3) garage is located in other than the code permitted rear yard; located at Reservoir Road, Fishers Island,NY. SCTM#1000-9-8-1. 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) 12:07 A.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora to break for lunch. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). 1:04 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: 1:04 P.M. -411 EQUESTRIAN AVENUE, LLC #7856- By Sam Fitzgerald, Representative. Request for Variances from Article X, Section 280-45C(2)(f); Article X, Section 280-46; and the Building Inspector's September 13, 2023,Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing commercial building (inclusive of expanding a Page 5—MINUTES Regular Meeting held December 7, 2023 Southold Town Zoning Board of Appeals second floor accessory apartment), at; 1) less than the code required minimum front yard setback of 15 feet; 2) less than the code required minimum side yard setback of 10 feet; 3) less than the code required minimum combined side yard setback of 25 feet; 4) more than the code permitted maximum lot coverage of 40%; 5) apartment comprises more than 50% of the principal building; located at 411 Equestrian Avenue, Fishers Island,NY. SCTM#1000-9-4-3. 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) 1:12 P.M. - FISHERS ISLAND UNION CHAPEL#7857: By Sam Fitzgerald, Representative. Request for a Variance from Article III, Section 280-14 and the Building Inspector's August 25, 2023,Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling (parsonage); at; 1) less than the code required minimum front yard setback of 60 feet; located at Crescent Avenue, Fishers Island,NY. SCTM#1000-9-2-12.1. 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 AND RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0) 1:20 P.M. - 1000 SOUND BEACH DR., LLC#7858—By Megan Carrick, Representative. Request for Variances from Article III, Section 280-15 and the Building Inspector's August 31, 2023,Notice of Disapproval based on an application for a permit to construct an accessory garage, at; 1) located in other than the code permitted rear yard; 2) more than the code permitted maximum lot coverage of 20%; located at 1000 Sound Beach Drive, (Adj. to Long Island Sound)Mattituck,NY. SCTM#1000- 99-1-5.1. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento to ADJOURN HEARING to December 21, 2023. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0) VIII. 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, January 4, 2024, 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 Acampora to approve Minutes from Special Meeting held on Thursday,November 16, 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 Roberta Alifano, #7368, located at 1500 Grand Avenue, Mattituck,NY, SCTM No. 1000-107-3-13. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). Page 6—MINUTES Regular Meeting held December 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 1:31 P.M. Respect llysub itted Kim E. Fuentes 1 )—/ Z /2023 Board Assistant Included by Reference: Filed ZBA Decisions (0) Leslie Kanes Weisman 19--1 Al /2023 Approved for Filing Resolution Adopted RECEIVED D EC 2 8 2023 Southold Town Clerk