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Home My WebLink AboutZBA-01/04/2024 OFFICE LOCATION: OF SOU MAILING ADDRESS: Town Hall Annex _�`� ryo P.O. Box 1179 54375 State Road Route 25 ol Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY y Telephone: 631 765-1809 • aQ http://southoldtow=y.gov COUNT`I ZONING BOARD OF APPEALS Town of Southold MINUTES ORGANIZATIONAL AND REGULAR MEETING THURSDAY, JANUARY 4, 2024 An Organization Meeting and 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, January 4, 2024 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).) I. EXECUTIVE SESSION: Began at 9:03 A.M. 9:03 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),rson), Dantes, Planamento, Acampora and Lehnert. This Resolution was duly adopted(5-0). 9:35 A.M. - Motion was offered by Chairperson Weisman, 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 dopted (5-0 . II. ORGANIZATIONAL MEETING: began at 9:50 A.M. 1) Review and re-adopt: a) ZBA Procedural Guidelines, as Amended Page 2—MINUTES Regular Meeting held January 4, 2024 Southold Town Zoning Board of Appeals b) Code of Conduct c) Guidelines to Open Meetings Law and Ethical Issues Vote of the Board: Ayes: Members Weisman(Chairperson), Dantes, Planamento, Acampora, and Lehnert. This Resolution was duly adopted(5-0) 2) Review all current templates for writing draft decisions. 3) Review meeting dates for 2024. 4) Appointment by the Chairperson of Nicholas Planamento as Vice Chair for the year 2024. III. 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. IV. STATE ENVIRONMENTAL QUALITY REVIEWS; New Applications: A. RESOLUTION declaring applications that are setback/dimensional/lot waiver/accessory apartmentibed 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: North Fork Project, LLC #7859 Tracy Heller and Matthew Glassman#7863 Bruce Kim#7860SE Bruce Kim#7879 Edwin J. Pisani 47868SE Sean and Catharine Norris 47861 SE Andrea Tese/800 Jackson Street, LLC #7862SE Sharon Nassi/15105 Oregon Road, LLC#7865SE Sharon Nassi/15105 Oregon Road, LLC#7870 4690 Mill Lane, LLC/Bert#7864 Richard Stalzer#7866 Nicholas Demitrack#7867 Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0Z Page 3—MINUTES Regular Meeting held January 4, 2024 Southold Town Zoning Board of Appeals V. DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: RELIEF GRANTED AS AMENDED WITH CONDITIONS: r 1000 SOUND BEACH DR., LLC #7858 - Vote of the Board: Ayes: Members Weisman(Chairperson), Dantes, Planamento, Acampora, and Lehnert. This Resolution was duly adopted(5-0) 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. 10:18 A.M. -NORTH FORK PROJECT, LLC#7859—By Martin Finnegan, Attorney and Anthony Martignetti, Owner. Request for a Variance from Article XXIII, Section 280-121; and the Building Inspector's August 15, 2023, Amended October 4, 2023 Notice of Disapproval based on an application for a permit to construct interior alterations to an existing non-habitable accessory tower structure to be used as conditioned habitable space with storage; at 1)proposed use as conditioned, habitable space is not permitted; located at 5670 West Mill Road, (Adj. to Mattituck Creek) Mattituck,NY. SCTM No. 1000-106-6-4.1. 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 (5-0) 10:41 A.M. - TRACY HELLERAND MATTHEW GLASSMAN#7863 —By Martin Finnegan, Attorney. Request for a Variance from Article XXII, Section 280-116A(1); and the Building Inspector's September 25, 2023,Notice of Disapproval based on an application for a permit to construct a dormer addition to an existing single family dwelling; at 1) located less than the minimum code required 100 feet from the top of the bluff, located at 4995 Nassau Point Road, (adj. to Little Peconic Bay) Cutchogue,NY. SCTM No. 1000-111-9-11. 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) 10:44 A.M. - BRUCE KIM#7860SE—By Bruce Kim, Owner. The applicant requests 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: 300 Birch Road, Southold,NY. SCTM#1000-54-9-18.1. 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. Vote of the Board: Ayes: All. This Resolution was duly adopted ,5-0) 10:44 A.M. -BRUCE KIM#7879-By Bruce Kim, Owner. Request for Variances from Article XXIII Code Section 280-123 and the Building Inspector's December 8, 2023 Notice of Disapproval based on an application for building permit to construct an addition to an existing accessory structure at; 1) a Page 4—MINUTES Regular Meeting held January 4, 2024 Southold Town Zoning Board of Appeals 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: 300 Birch Road, Southold,NY. SCTM#1000-54-9-18.1. 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) 11:04 A.M.—EDWIN J. PISANI#7868SE—By Martin Finnegan, Attorney. The applicant requests 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: 7180 Peconic Bay Boulevard, 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 AND RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0) 11:15 A.M. - SEAN AND CATHARINE NORRIS #7861 SE—By Sean Norris, Owner. The applicants request a Special Exception under Article III Section 280-13B(14). The Applicants are the owners requesting authorization to establish an Accessory Bed and Breakfast, accessory and incidental to the residential occupancy in this single-family dwelling, with one (1) bedroom for lodging and serving of breakfast to the B&B casual, transient roomers. Located at: 30325 Main Road, Cutchogue, NY. SCTM41000-102-2-18. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to CLOSE HEARING AND RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0) 11:21 A.M. -ANDREA TESE/800 JACKSON STREET, LLC #78625E—By Anthony Portillo, Representative. The applicant requests 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: 800 Jackson Street, (Adj. to the Great Peconic Bay) New Suffolk,NY. SCTM#1000-117-10-5. 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) 11:34 A.M. - SHARON NASSI/15105 OREGON ROAD, LLC #78655E—By Sharon Nassi, Owner. Opposed by Debbie Olsen, Tom Kennedy, Alexandra O'Mara and Sara Rowghani. The applicants request a Special Exception under Article III Section 280-13B(14). The Applicant is the owner requesting authorization to establish an Accessory Bed and Breakfast, accessory and incidental to the residential occupancy in this single-family dwelling, with five (5)bedrooms for lodging and serving of breakfast to the Bed& Breakfast casual, transient roomers. Located at: 15105 Oregon Road, Cutchogue,NY. SCTM#1000-73-1-1. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Dante 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 January 4, 2024 Southold Town Zoning Board of Appeals 11:34 A.M. - SHARON NASSI/15105 OREGON ROAD, LLC#7870—By Sharon Nassi, Owner. Opposed by Debbie Olsen, Tom Kennedy, Alexandra O'Mara and Sara Rowghani. Request for a Variance from Article XXII, Section 280-105C(3); and the Building Inspector's October 4, 2023, Notice of Disapproval based on an application for a permit to legalize an `as built' deer fence; at 1) located in the front yard is not permitted; located at 15105 Oregon Road, Cutchogue,NY. SCTM No. 1000-73-1-1. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to CLOSE HEARING AND RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0) 12:23 P.M. Motion was offered by Member Dantes, seconded by Member Weisman(Chairperson) to break for lunch. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). 1:09 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. -4690 MILL LANE, LLC/BERT#7864—By Joan Chambers, Representative. Request for a Variance from Article III, Section 280-14; and the Building Inspector's August 17, 2023,Notice of Disapproval based on an application for a permit to construct addition and alterations to an existing single family dwelling; at 1) located less than the code required minimum front yard setback of 60 feet; located at 4690 Mill Lane, Mattituck,NY. SCTM No. 1000-100-4-2.1. 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(5-0) 1:14 P.M. -RICHARD STALZER#7866—By Richard Stalzer, Owner. Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector's October 31, 2023,Notice of Disapproval based on an application for a permit to construct a sunroom addition to an existing single family dwelling; at 1) located less than the code required minimum side yard setback of 10 feet; located at 2600 South Harbor Road, Southold,NY. SCTM No. 1000-75-7-7.1. 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) 1:21 P.M. -NICHOLAS DEMITRACK#7867—By Steve Affelt, Representative. Request for Variances from Article XXIII, Section 280-124; Article XXXVI, Section 280-207; and the Building Inspector's November 8, 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 front yard setback of 35 feet; 2) located less than the code required minimum rear yard setback of 35 feet; 3) more than the code permitted maximum lot coverage of 20%; 4) gross floor area Page 6—MINUTES Regular Meeting held January 4, 2024 Southold Town Zoning Board of Appeals exceeding permitted maximum square footage for lot containing up to 10,000 square feet in area; located at 1255 East Gillette Drive, East Marion,NY. SCTM No. 1000-38-4-20. 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 subject to receipt of additional information. 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 Dantes to set the Regular Meeting with Public Hearings to be held on Thursday, February 1, 2024, at 9:00 A.M. Vote of the Board: Ayes: All. This Resolution was duly adopted ,5-0Z B. RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by Member Planamento to approve Minutes from Special Meeting held on Thursday, December 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 Lehnert to REOPEN the hearing for the sole purpose of amending Condition No. 4 of Appeal No. 7573 of the North Fork Project, LLC/Old Mill Inn, 5775 Mill Road(Adj. to Mattituck Creek), Mattituck,NY, SCTM No. 1000-106-6-3. 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 Lennert to approve the Amended decision(Condition No. 4) as Written of Appeal No. 7573 of the North Fork Project, LLC/Old Mill Inn, 5775 Mill Road (Adj. to Mattituck Creek), Mattituck,NY, SCTM No. 1000-106-6-3. 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 1:38 P.M. Respe tfully su mitted, Kim E. Fuentes / / IT /2024 7 Board Assistant Included by Reference: iled ZBA Decisions (1) RECEIVED ee e Kanes Weisman , / /2024 JAN 2 3 2024 Approved for Filing Resolution Adopted eO�tVt4hO)1d1AT=nClerk