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Home My WebLink AboutZBA-03/07/2024 BOARD MEMBERS ��OF S0(/r�o Southold Town Hall Leslie Kanes Weisman, Chairperson 1p 53095 Main Road•P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �p� Town Annex/First Floor, Robert Lehnert, Jr. Ol. 54375 Main Road(at Youngs Avenue) Nicholas Planamento Coin+� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 MINUTES REGULAR MEETING THURSDAY, MARCH 7, 2024 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, March 7, 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 Nicholas Planamento, Member 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. 9:11 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 ,5-0Z 9:54 A.M. - Motion was offered by Chairperson Weisman, seconded by Member Dantes to exit the Executive Session. Vote of the Board: Ayes: Members Weisman(Chairperson), Dantes Acampora and Lehnert. This Resolution was duly adopted (4-0� Page 2—MINUTES Regular Meeting held March 7, 2024 Southold Town Zoning Board of Appeals 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. 3. The Board discussed the withdrawal of application for Greg Fegos#7869. 4. SILVER SANDS HOLDINGS I, LLC. #7893SE— Since the subject application was amended; the Board adjourned the public hearing to May 2, 2024. RESOLUTION: A motion was offered by Chairperson Weisman, seconded by Member Dantes to ADJOURN the hearing to May 2, 2024. Vote of the Board: Ayes: All. This Resolution was duly adopted(4-0). (Member Planamento recused) 5. SILVER SANDS HOLDINGS 1, LLC. #7894 - Since the subject application was amended; the Board adjourned the public hearing to May 2, 2024. RESOLUTION: A motion was offered by Chairperson Weisman, seconded by Member Lehnert to ADJOURN the hearingto 2, 2024. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Member Planamento recused) 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(SEAR) 6 NYCRR, Part 617.5 (c) including the following: Josh Kelinson#7878 70 Deep Hole-Dr., LLC/Brady Leifer#7880SE Charles M. Curtis and Jane W. Harvey,As Trustees#7881 James Huettenmoser#7884 David Burns And Rebecca Bausch#7883 Orient Acres, LLC/Eva Mallis#7885 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. 10:13 A.M. - JOSH KELINSON#7878—By Anthony Portillo, Representative. Opposition from Jackie Morley and Ann Mendocha. Request for Variances from Article XXIII, Section 280-124; Page 3—MINUTES Regular Meeting held March 7, 2024 Southold Town Zoning Board of Appeals Article XXXVI, Section 280-208A; and the Building Inspector's November 27, 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 40 feet; 2) located less than the code required minimum side yard setback of 10 feet; 3) located less than the code required minimum combined side yard setback of 25 feet; 4) more than the code permitted maximum lot coverage of 20%; 5) the construction exceeds the permitted sky plane as defined in Article I, Section 280-4 of the Town Code located at: 560 Oak Street, (Adj. to East Creek) Cutchogue, NY. SCTM No. 1000-136-1-44. 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 March 21, 2024. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0) 10:45 A.M. - 70 DEEP HOLE DR., LLCBRADY LEIFER#78805E—By Nicholas Mazzaferro, Representative and Brady Leifer, Owner. Applicants request 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: 70 Deep Hole Drive (adj. to Deep Hole Creek), Mattituck,NY. SCTM#1000-115-12-2. 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 the public hearing subject to receipt of additional information. Vote of the Board: Ayes: All. This Resolution was duly adopted 10:59 A.M. - CHARLES M. CURTIS AND JANE W. HARVEY, AS TRUSTEES #7881 —By Patricia Moore, Attorney, Jared Sedam, Representative. Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector's September 26, 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; located at: 220 Reservoir Road, (Adj. to Fishers Island Sound) Fishers Island,NY. SCTM No. 1000-9-8-3.4. 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 the public hearing subject to receipt of additional information. Vote of the Board: Ayes: All. This Resolution was duly adopted. (5-0) 11:10 A.M. -JAMES HUETTENMOSER#7884—By James DeLuca, Representative. Opposition by Karen Kline, Sean Knoll. Request for Variances from Article XXIII, Section 280-124; Article XXXVI, Section 280-207; Article XXXVI, Section 280-208; and the Building Inspector's November 8, 2023 Notice of Disapproval based on an application for a permit to demolish an existing single family dwelling and construct a new two-story 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 side yard setback of 10 feet; 3) located less than the code required minimum combined side yard setback of 25 feet; 4)more than the code permitted maximum average building height of 35 feet; 5) more than the code permitted maximum lot coverage of 20%; 6) gross floor area exceeding the permitted maximum square footage for lot containing up to 20,000 square feet in area; 7) the construction exceeds the permitted sky plane as defined in Article 1, Section 280-4 of the Town Code; located at: 2235 Cedar Lane, East Marion,NY. SCTM No. 1000-37-4-7. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Page 4—MINUTES Regular Meeting held March 7, 2024 Southold Town Zoning Board of Appeals Chairperson Weisman, seconded by Member Planamento to ADJOURN the public hearing to April 4, 2024. Vote of the Board: Ayes: All. This Resolution was duly adopted. (5-0). 11:37 P.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento to break for Justice Court Arraignment. Vote of the Board: Ayes: All. This Resolution was duly adopted (5.0� 12:05 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-O). 12:08 P.M. - DAVID BURNS AND REBECCA BAUSCH#7883 —By David Burns, Owner. Request for Variances from Article XXIII, Section 280-124; and the Building Inspector's December 14, 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 rear yard setback of 50 feet; 2)more than the code permitted maximum lot coverage of 20%; located at: 50 Breitstadt Court, Southold,NY. SCTM No. 1000-70-9-29. 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 Acampora Absent) 12:17 A.M. - ORIENT ACRES, LLC/EVA MALLIS #7885 —By Martin Finnegan, Attorney. Request for Variances from Article III, Section 280-15 and the Building Inspector's October 17, 2023 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool and an accessory pool house; at; 1) swimming pool is located in other than the code permitted rear yard; 2)pool house is located in other than the code permitted rear yard; located at: 32625 Main Road, (Adj. to the Long island Sound) Orient,NY. SCTM No. 1000-14-2-25. 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 Acampora Absent) 12:25 P.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento to break for lunch. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 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). Page 5—MINUTES Regular Meeting held March 7, 2024 Southold Town Zoning Board of Appeals PUBLIC HEARINGS CONTINUED: 1:44 P.M. -NORTH FORK PROJECT, LLC/OLD MILL#7859—(REOPENED January 18, 2024) By Martin Finnegan, Attorney, 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) 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, April 4, 2024, at 9:00 A.M. Vote of the Board: Ayes: All. This Resolution was duly adopted B. RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by Member Lehnert to approve Minutes from Special Meeting held on Thursday, February 15, 2024. 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 extend time limits on variance relief(expiration date of March 15, 2024) for Appeal No. 7137, SV Greenport, LLC, 58775 Route 48, Greenport,NY. SCTM No. 1000- 44-2-20 as follows: RESOLVED,the Board with regard to the request for an extension of the variance granted in File No. 7137 elects to vary the requirement that extensions be limited to three consecutive years, one-year terms, and; and be it further; RESOLVED,the Board hereby grants a fourth one-year extension of the variance relief granted in File No. 7137 from the date of the March 15, 2024, to expire on March 15, 2025, at which time the variance shall become null and void. 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 Dantes to AMEND the decision of Appeal No. 7573, dated December 16, 2024, and amended January 4, 2024, and further accept the submitted Architectural Plans (17 sheets) dated March 6, 2024, prepared by John Lee Mahler, Architect. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). Page 6—MINUTES Regular Meeting held March 7, 2024 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 2:06 P.M. Respe tfully sub tted, Kim E. Fuentes 3 /a l /2024 Board Assistant Incl by Reference: Filed ZBA Decisions (0) Leslie Kanes Weisman, Chairperson `� /��/2024 Approved for Filing Resolution Adopted