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Home My WebLink AboutZBA-02/01/2024 OFFICE LOCATION: �QE SOU MAILING ADDRESS: Town Hall Annex IP.O.Box 1179 54375 State Road Route 25 ,`O l0 Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY N Telephone: 631765-1809 • COQ http://southoldtownny.gov olycom ZONING BOARD OF APPEALS Town of Southold MINUTES REGULAR MEETING THURSDAY, FEBRUARY 1, 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, February 1, 2024 commencing at 9:00 A.M. Present were: Leslie Kanes Weisman, Chairperson Kim Fuentes, Board Assistant Robert Lehnert, Member Donna Westermann, Office Assistant Eric Dantes, Member Elizabeth Sakarellos, Senior Office Assistant Patricia Acampora, Member Julie McGivney, Assistant Town Attorney 9:04 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. 9:04 A.M. -A Motion was offered by Chairperson Weisman, seconded by Member Dantes 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). 9:52 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 adopted (5-0). II. WORK SESSION: Began at 10:01 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 February 1, 2024 Southold Town Zoning Board of Appeals 3) ROLAND GRANT, PRESIDENT OF SQUEST, INC. #7847- The applicant's representative requested an adjournment to July 11, 2024. A Motion was offered by Chairperson Weisman, seconded by Member Lehnert to Adjourn the public hearing to July 11, 2024. Vote of the Board: Ayes: Members Weisman (Chairperson), Dantes, Acampora and Lehnert. This Resolution was duly adopted (4-0). (Member Planamento absent) 4) JENNIFER WAGNER AND NICO SCHWEIZER/BREEZY SHORES COTTAGE#14#7850—Since the applicant did not prepare for today's hearing, she requested an adjournment. A Motion was offered by Chairperson Weisman, seconded by Member Lehnert to Adjourn the public hearing to May 2, 2024. Vote of the Board: Ayes: Members Weisman(Chairperson), Dantes, Acampora and Lehnert. This Resolution was duly dopted(4-0). (Member Planamento absent) 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: Z & S Contracting, Inc. #7873 Jennifer Wagner and Nico Schweizer/Breezy Shores Cottage#14#7850 Andrew and Barbara De Lannoy#7871 William E. Goydan, As Trustee#7882 Brian W. Flanagan and Laura K. Flanagan#7874 Angelo Chantly #7875 Steven Guddat and Torrey Acri#7876 Richard A. Antunovich and Anne Antunovich #7877 Vote of the Board: Ayes: All. This Resolution was duly adopted(4-0). 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. -Z & S CONTRACTING, INC. #7873 —By Patricia Moore, Attorney. Request for Variances from Article III, Section 280-14 and the Building Inspector's October 12, 2023 Notice of Disapproval based on an application for a lot line change (and merge lots); at; 1)proposed merged lots, 17.2 and 18, are less the code required minimum lot size of 80,000 square feet; 2)proposed merged lots 17.2 and 18 are less than the minimum lot depth of 250 feet; 3)proposed lot 17.3 is less than the code required minimum lot size of 80,000 square feet; 4)proposed lot 17.3 is less than the minimum lot depth of 250 feet; located at: Fox Avenue, 3660 Fox Avenue, Avenue B, Fishers Island, NY. SCTM#1000-6-2-17.2, 1000-6-2-17.3 & 1000-6-2-18.1. RESOLUTION: (Please see transcript of Page 3—MINUTES Regular Meeting held February 1, 2024 Southold Town Zoning Board of Appeals 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 (4-0) 10:40 A.M. - ANDREW AND BARBARA DE LANNOY#7871 —By Andrew deLannoy and Barbara de Lannoy, Owners. Request for a Variance from Article III, Section 280-15; and the Building Inspector's October 10, 2023 Notice of Disapproval based on an application for a permit construct a new accessory garage; 1) located in other than the code permitted rear yard; located at: 7217 Peconic Bay Blvd, Laurel,NY. SCTM#1000-126-10-1.6. 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 opted 4-0) 10:50 A.M. - WILLIAM E. GOYDAN, AS TRUSTEE 47882—By Lisa Poyer, Representative. Request for a Variance from Article III, Section 280-15 and the Building Inspector's October 3, 2023, Amended November 27, 2023 Notice of Disapproval based on an application for a permit to demolish an existing dwelling and garage and construct a new single family dwelling with a pool addition and a new accessory garage; 1) accessory garage is located in other than the code permitted rear yard; located at: 1645 Marratooka Road, (Adj. to Deep Hole Creek) Mattituck,NY. SCTM No. 1000-123- 3-2.1. 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 dopted (4-0) 11:00 A.M. - BRIAN W. FLANAGAN AND LAURA K. FLANAGAN#7874—By Martin Finnegan, Attorney. Chris Mascia, opposed. Request for Variances from Article XXIII, Section 280-124; Article XXXVI, Section-280-208A; and the Building Inspector's October 16, 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 minimum required side yard setback of 10 feet; 2)the construction exceeds the permitted sky plane as defined in Article I, Section 280-4 of the Town Code; located at: 980 Oak Avenue, Southold,NY. SCTM# 1000-77-1-6. 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) 11:18 A.M. -ANGELO CHANTLY#7875 —By Megan Carrick, Representative. Request for Variances from Article III, Section 280-15; Article XXIII, Section-124; and the Building Inspector's October 10, 2023,Notice of Disapproval based on an application for a permit to legalize an"as built" accessory pavilion at; 1) located in other than the code permitted rear yard; 2)more than the code permitted maximum lot coverage of 20%; located at: 80 Watersedge Way, Southold,NY. SCTM#1000-88-5-54. 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) Page 4—MINUTES Regular Meeting held February 1, 2024 Southold Town Zoning Board of Appeals 11:22 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). 1:02 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: 1:00 P.M. - STEVEN GUDDAT AND TORREY ACRI#7876—By Sean Madigan, Representative. Request for a Variance from Article III, Section 280-14; and the Building Inspector's October 2, 2023, Notice of Disapproval based on an application for a permit to construct a deck addition to an existing single family dwelling at; 1) located less than the code required minimum front yard setback of 75 feet; located at: 36581 County Road 48, Peconic,NY. SCTM#1000-68-4-23. 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) 1:11 P.M. - RICHARD A. ANTUNOVICH AND ANNE ANTUNOVICH #7877—By Ural Talgat, Representative. Richard Antunovich, Owner. Request for Variances from Article XXIII, Section 280- 124; Article XXXVI, Section 280-207A(b); and the Building Inspector's November 8, 2023 Notice of Disapproval based on an application for a permit to demolish(as per Town Code definition) and reconstruct a single family dwelling; 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) gross floor area exceeding permitted maximum square footage for lot containing up to 10,000 square feet in area; located at: 1845 East Gillette Drive, East Marion,NY. SCTM#1000-38-4-26. 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 (4-0) V. 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, March 7, 2024, at 9:00 A.M. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-01 B. RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by Member Planamento to approve Minutes from Special Meeting held on Thursday, January 18, 2024. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0) C. RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by Page 5—MINUTES Regular Meeting held February 1, 2024 Southold Town Zoning Board of Appeals Member Acampora to Amend Condition No. 2 of the decision for Appeal No. 7699, Sheila Stoltze, 2025 Smith Road, Peconic,NY. SCTM No. 1000-98-4-19.2. Vote of the Board: Ayes: All. This Resolution was duly adopted(3-0) (Member Lehnert recused, Member Planamento absent). D. RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by Member Lehnert to Grant a One Year Extension(Expired November 19, 2023) for Appeal No. 7433, 8100 Hortons Lane, LLC, 8100 Hortons Lane, Southold,NY. SCTM No. 1000-54-4-31, to expire on November 19, 2024. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). E. RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by Member Lehnert to extend time limits on variance relief(expired on July 19, 2021) for Appeal No. 7176, John Hochstrasser, 2855 Nassau Point Road, Cutchogue,NY. SCTM No. 1000-104- 13-9, for a period of six months,to expire on August 1, 2024. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). F. RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by Member Lehnert to accept updated plans that currently proposes a demolition(as per Town Code definition) for Appeal No. 7702, Lee and Lili Siegelson, 2048 Peninsula Road, Fishers Island, NY. SCTM No. 1000-10-3-10. Vote of the Board: Ayes: Member Weisman (Chairperson), Dantes, Acampora and Lehnert. This Resolution was duly adopted(4-0). G. RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by Member Lehnert to RESCIND a Resolution of January 18, 2024 to reopen public hearing for North Fork Project, LLC/Old Mill, Appeal No. 7573 determination dated December 16, 2021, amended January 4, 2024; located at: 5775 Mill Road, Mattituck,NY. SCTM Nos. 1000-106- 6-3. Vote of the Board: Ayes: Member Weisman(Chairperson), Dantes, Acampora and Lehnert. This Resolution was duly adopted (4-0). There being no other business properly coming before the Board at this time,the Chairperson declared the meeting adjourned. The meeting was adjourned at 1:27 P.M. Respe gully sub tted, Kim E. Fuentes e9, / JAS/2024 Board Assistant Included by Reference: Filed ZBA Decisions (0) RECEIVED L ie Kanes Weisman, Chairperson / /,�-/2024 MAR - 4 2024 Approved for Filing Resolution Adopted Southold Town Clerk