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Home My WebLink AboutZBA-04/04/2024 BOARD MEMBERS ��F S0(/jyO Southold Town Hall Leslie Kanes Weisman, Chairperson h0 1p 53095 Main Road•P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �pQ Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento yCOUNTY+� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 MINUTES REGULAR MEETING , THURSDAY, APRIL 4, 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, April 4, 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 9:09 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: Ayes: Members Weisman (Chairperson) Dantes Planamento Acampora and Lehnert This Resolution was duly adopted (5.OA- 9:57 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) Planamento Dantes Acampora and Lehnert. This Resolution was duly adopted (5-0). April 4,2024 Zoning Board of Appeals MINUTES-Regular Meeting Agenda Page 2 II. WORK SESSION: Began at 10:07 AM. 1. Requests from Board Members for future agenda items. 2. The Board discussed extensions, de minimis approvals and amended decisions. 3. STEPHANE SEQOUIN#7891- The applicant requested an adjournment to July 11, 2024. A Motion was offered by Chairperson Weisman, seconded by Member Planamento to Adjourn the public hearing to July 11, 2024. Vote of the Board: Ayes: Members Weisman(Chairperson), Dantes, Acampora, Planamento, and Lehnert. This Resolution was duly adopted(5-0) 4. JAMES HUETTENMOSER#7884 — The applicant's representative requested an adjournment to July 11, 2024. A Motion was offered by Chairperson Weisman, seconded by Member Planamento to Adjourn the public hearing to July 11, 2024. Vote of the Board: Ayes: Members Weisman (Chairperson), Dantes,Acampora, Planamento, and Lehnert. This Resolution was duly adopted(5-0 III. 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: Christopher and Angela Jeffrey#7886 Paul Toobian#7887 Barbara and Kimon Thermos/Tuck Realty, LLC/Alexander Kapetanos#7888 Stephen Dubon and Jacqueline Dubon#7890 ECAE 149 LLC-C/O Anthony Geraci#7889 Sebastien Gagnon and Cheryl Han#7892 Robert M. Vella, Jr. #7895 Diane M. Boucher-#7908 Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: Agenda items and commenced deliberations on the following applications. The original determinations of each of the following applications as decided are filed with the Southold Town Clerk: DENY, GRANT ALTERNATIVE RELIEF r- April 4,2024 Zoning Board of Appeals MINUTES-Regular Meeting Agenda Page 3 Josh Kelinson#7878 Vote of the Board: Ayes: Members Weisman(Chairperson), Dantes, Planamento,Lehnert and Acampora. 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. 10:13 A.M. —CHRISTOPHER AND ANGELA JEFFREY#7886—By Christopher Jeffrey, Owner and Mike Glickman, Representative. Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's November 8, 2023 Notice of Disapproval based on an application for a permit to legalize"as built"additions and alterations to an existing single family dwelling; 1) located less than the code required minimum side yard setback of 10 feet; 2) located less than the code required minimum combined side yard setback of 25 feet; 3)more than the code permitted maximum lot coverage of 20%; located at: 5875 Great Peconic Bay Blvd, Laurel,NY. SCTM No. 1000-128-1-3. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Dantes to CLOSE HEARING and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted. 5-0) 10:22 A.M. -PAUL TOOBIAN#7887—By Jeff Zahn, Representative and John Golvoan, Owner. No objection from Gail Wickham. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's December 28, 2023 Notice of Disapproval based on an application for a permit to legalize"as built"demolition(as per Town Definition) of a dwelling and reconstruct a single family dwelling; 1) located less than the code required minimum front yard setback of 40 feet; located at: 15775 County Road 48, Cutchogue,NY. SCTM No. 1000-101-1-12. 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) 10:34 A.M. -BARBARA AND KIMON THERMOS/TUCK REALTY,LLC/ALEXANDER KAPETANOS #7888—By Patricia Moore, Attorney.. Request for Variances from Article IV, Section 280-18 and the Building Inspector's December 4, 2023 Notice of Disapproval based on an application for a lot line change; to split lot no. 1000-99-1-20 and adding equal parts to two adjoining lots; 1)two lots measuring less than the code required minimum lot size of 40,000 sq. ft.; 2)two lots measuring less than the code required minimum lot width of 150 feet; 3)two lots measuring less than the code required minimum lot depth of 175 feet; located at: 355 Sound Beach Drive, 405 Sound Beach Drive and 455 Sound Beach Drive, Mattituck,NY. SCTM Nos. 1000-199-1-19, 1000-99-1-20 and 1000-99-1-21. 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) April 4,2024 Zoning Board of Appeals MINUTES-Regular Meeting Agenda Page 4 10:41 A.M. - STEPHEN DUBON AND JACQUELINE DUBON#7890—By Patricia Moore, Attorney. Request for Variances from Article III, Section 280-15; 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 front yard setback 35 feet; 2) located less than the code required minimum rear yard setback 35 feet; 3) existing shed located in other than the code permitted rear yard; located at 5605 Stillwater Avenue, (Adj. to Eugenes Creek) Cutchogue,NY. SCTM No. 1000-137-4-3.2. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to CLOSE HEARING subject to receipt of amended plan. Vote of the Board: Ayes: All. This Resolution was duly adopted. 5-0) 11:02 A.M. - ECAE 149 LLC-C/O ANTHONY GERACI#7889—By Martin Finnegan, Attorney, David Bergen, Representative. Request for Variances from Article XXIII, Section 280-124; Chapter XXXVI, Section 280-207; Chapter XXXVI, Section 280-208; and the Building Inspector's October 31, 2023 Notice of Disapproval based on an application for a permit to demolish(by Southold Town definition) an existing single family dwelling and construct a new two story single family dwelling; 1) located less than the code required minimum rear yard setback of 35 feet; 2)more than the code permitted maximum lot coverage of 20%; 3) gross floor area exceeding permitted maximum square footage for lot containing up to 20,000 square feet in area; 4)the construction exceeds the permitted sky plane as defined in Article I, Section 280-4 of the Town Code; located at: 520 Snug Harbor Road (Adj. to Gull Pond Inlet), Greenport, NY. SCTM No. 1000-35-5-34. 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) 11:18 A.M. - SEBASTIEN GAGNON AND CHERYL HAN#7892—By Karen Hoeg, Attorney, Jonathan Paetzel and Jeffrey Butler, Representatives. Request for Variances from Article IV, Section 280-18; Article XXXVI, Section 280-207; and the Building Inspector's November 15, 2023, Amended December 7, 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) gross floor area exceeding permitted maximum square footage for lot containing up to 80,000 square feet in area; located at: 1115 Arrowhead Lane, Peconic,NY. SCTM No. 1000-98-3-7.1. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Dantes to CLOSE HEARING and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted. (5-0) 11:35 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 (L-OA. 1:03 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). I April 4,2024 Zoning Board of Appeals MINUTES-Regular Meeting Agenda Page 5 PUBLIC HEARINGS (Continued) 1:04 P.M. - ROBERT M. VELLA, JR. #7895 —By Robert Vella, Owner. No objection from Fred Stapon. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's January 12, 2024,Notice of Disapproval based on an application for a permit to legalize an"as built"roofed over on grade patio addition attached to an existing single family dwelling; at; 1) located less than the code required minimum rear yard setback of 35 feet; located at: 60 Gagens Landing Road, Southold, Peconic, NY. SCTM No. 1000-70-10-16. 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) 1:14 P.M. —DIANE M. BOUCHER#7908—By Nigal Williamson, Representative. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's December 8, 2023 Notice of Disapproval based on an application for a permit to construct a 144 sq. ft. accessory shed that does not require a building permit; 1)more than the code permitted maximum lot coverage of 20%; located at: 5645 Pequash Avenue, Cutchogue,NY. SCTM No. 1000-110-6-2. 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) V. RESOLUTIONS: a) RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by Member Lehnert to authorize advertising of hearings for the Regular Meeting to be held on Thursday, May 2, 2024 which will commence at 9:00 A.M. for Work Session and Regular Meeting to begin at 10:00 A.M. Vote of the Board: Ayes: Member Weisman(Chairperson), Dantes, Planamento, Acampora and Lehnert. This Resolution was duly adopted(5-0). b) RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by Member Dantes,to approve minutes from the Regular Meeting held March 21, 2024. Vote of the Board: Ayes: Member Weisman(Chairperson), Dantes, Planamento, Acampora and Lehnert. 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 Special Exception for Appeal No. 7082SE, Roman Watroba, Country Car Wash, 6565 NYS Route 25, Mattituck,NY. SCTM No. 1000-125-1-19.5; and to extend time limits on variance relief(expired on October 19, 2020) for Appeal No. 7084 Roman Watroba, Country Car Wash, 6565 NYS Route 25, Mattituck,NY. SCTM No. 1000-125- 1-19.5. Both decisions to be extended to September 24, 2024. Vote of the Board: Ayes: April 4,2024 Zoning Board of Appeals MINUTES-Regular Meeting Agenda Page 6 Member Weisman(Chairperson), Dantes, Planamento, Acampora and Lehnert. This Resolution was duly adopted (5-0). d) RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by Member Lehnert,to extend time limits on variance relief(to expire April 25, 2024) for Appeal No. 7267, Fishers Island Fire District, Crescent Avenue, Fishers Island,NY. SCTM No. 1000-9- 2-4.1. Vote of the Board: Ayes: Member Weisman(Chairperson), Dantes, Planamento, Acampora and Lehnert. 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 1:22 P. M. TRespctfully s bmi ed, Kim E. Fuentes /2024 Board Assistant Inclu e y Reference: Filed ZBA Decisions (1) e ie Kane Weisman;C airperson // /2024 Approved for Filing and Adopted RECEIVED AP 2 3 2024 a�- Southold Town Clerk