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Home My WebLink AboutZBA-05/02/2024 BOARD MEMBERS ��oE S0!/r Southold Town Hall Leslie Kanes Weisman, Chairperson 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. ��i 54375 Main Road(at Youngs Avenue) Nicholas,Planamento COS +� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 MINUTES REGULAR MEETING THURSDAY, MAY 2, 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, May 2, 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 9:10 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 9:10 A.M. 9:10 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). 9:49 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), Planamento, Dantes, Acampora and Lehnert. This Resolution was duly adopted (5-0). II. WORK SESSION: Began at 10:09 AM. 1. Requests from Board Members for future agenda items. May 2,2024 Zoning Board of Appeals MINUTES-Regular Meeting Agenda Page 2 2. The Board discussed extensions, de minimis 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: Christopher Ross,Trustee of The Christopher Ross Trust#7896 Regina Melly#7900 Heather Romanelli#7898 5295 Bridge Lane, LLC/Constantino Marra#7899 Stephanie Perl and Richard Perl#7901 Pine West, LLC/William Schilling, Iii#7903 John Lauretti#7903 Jennifer Wagner and Nico Schweizer/Breezy Shores Cottage#14#7850 Silver Sands Holdings I, LLC. #7893SE Silver Sands Holdings I,LLC. #7894 Silver Sands Holdings I, LLC. #7914SE Silver Sands Holdings I, LLC. #7915 Silver Sands Holdings I,LLC. #7897 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. - CHRISTOPHER ROSS, TRUSTEE OF THE CHRISTOPHER ROSS TRUST#7896—By Patricia Moore,Attorney and Chris Ross, Owner. Request for Variances from Article XXIII, Section 280-124; Article XXXVI, Section 280-208A; and the Building Inspector's December 5, 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 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%; 4)the construction exceeds the permitted sky plane as defined in Article I, Section 280-4 of the Town Code; located at: 3340 Park Avenue (Adj. to the Great Peconic Bay), Mattituck,NY. SCTM No. 1000-123-8-21. 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) May 2,2024 Zoning Board of Appeals MINUTES-Regular Meeting Agenda Page 3 10:29 A.M.—REGINA MELLY#7900—By Patricia Moore, Attorney. Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector's January 8, 2024, Amended January 15, 2024,Notice of Disapproval based on an application to construct additions and alterations to an existing single family dwelling, and to legalize an accessory shed; at; 1) construction located less than the code required minimum side yard setback of 10 feet; 2) shed located less than the code required minimum side yard setback of 10 feet; located at 490 Northfield Lane, Southold,NY. SCTM No. 79-3-4.2. 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 HEARING and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted. (5-0) - 10:35 A.M. -HEATHER ROMANELLI#7898—By Eligio Lopez, Representative. Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector's December 22, 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 50 feet; located at:.3535 Cedar Beach Road (Adj. to Shelter Island Sound), Southold,NY. SCTM No. 1000-93-1- 6.3. 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) 10:42 A.M. - 5295 BRIDGE LANE, LLC/CONSTANTINO MARRA#7899—By Anthony Portillo, Representative. Request for a Variance from Article III, Section 280-15 and the Building Inspector's January 4, 2024,Amended January 19, 2024 Notice of Disapproval based on an application for a permit to legalize an"as built" accessory in-ground swimming pool; at 1) located in other than the code permitted rear yard;located at: 5295 Bridge Lane, Cutchogue,NY. SCTM No. 1000-84-1-6.16. 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) 10:50 A.M. - STEPHANIE PERL AND RICHARD PERL #7901 —By Anthony Portillo, Representative. Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector's December 1, 2023, Amended March 26, 2024 Notice of Disapproval based on an application for a permit to construct two additions and alterations to an existing single family dwelling, construct an in-ground swimming pool addition, and legalize an accessory shed in a non-conforming location; at 1) construction located less than the code required minimum front yard setback of 40 feet; 2)more than the code permitted maximum lot coverage of 20%; 3) accessory shed located in other than the code permitted rear yard; located at: 288.0 Minnehaha Blvd(Adj. to Corey Creek), Southold,NY. SCTM No. 1000-87-3- 43. 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) 11:03 A.M. - PINE WEST, LLC/WILLIAM SCHILLING, III#7904—By Jeffrey Sands, Representative. Request for a Variance from Article III, Section 280-15 and the Building Inspector's January 2, 2024 May 2,2024 Zoning Board of Appeals MINUTES-Regular Meeting Agenda Page 4 Notice of Disapproval based on an application for a permit to construct a new accessory garage; at 1) located in other than the code permitted rear yard; located at: 5445 Great Peconic Bay Blvd, Laurel,NY. SCTM No. 1000-128-1-5. 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) 11:11 A.M. -JOHN LAURETTI#7903 —By Anthony Portillo, Representative and John Lauretti, Owner. Comments from Stephanie and David Sachs. Request fr Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector's January 24, 2024 Notice of Disapproval based on an application for a permit to legalize an"as built"covered porch attached to an existing single family dwelling, and to construct an accessory in-ground swimming pool; at; 1) "as built" construction is located less than the code required minimum front yard setback of 40 feet; 2) swimming pool is located in other than the code permitted rear yard; located at: 295 Vista Place, Cutchogue,NY. SCTM No. 1000- 83-1-20. 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) 11:38 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 dul.�adopted 5-0 . 1:00 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. -JENNIFER WAGNER AND NICO SCHWEIZER/BREEZY SHORES COTTAGE#14 #7850—By Jennifer Wagner, Owner. Request for a Variance from Article XXIII, Section 280-123; and the Building Inspector's July 25, 2023 Notice of Disapproval based on an application for a permit to construct alterations to an existing seasonal cottage; 1) a 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: Cottage#14 Breezy Shores, 65490 Main Road (adj. to Shelter Island Sound) Greenport,NY. SCTM#1000-53-5-12.6. 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. (5-0) 1:10 P.M. - SILVER SANDS HOLDINGS I, LLC. #7893SE—By Alex Perros, Owner and Gail Pollack, Attorney. Opposition from Ricky and Kathy Steinmuller, and Catherine Hearst. Request for a Special Exception pursuant to Article VII, Section 280-35(B)(6), applicant requests; (1) to convert an existing May 2,2024 Zoning Board of Appeals MINUTES-Regular Meeting Agenda Page 5 accessory boathouse to a freestanding restaurant with office and storage space, for restaurant operations; and(2)permission for an accessory seasonal outdoor barbeque/bar area; located at 1135 Silvermere Road, Southold,NY. SCTM 1000-47-2-15. 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 ADJOURN HEARING TO AUGUST 1, 2024. Vote of the Board: Ayes: All. This Resolution was duly adopted. (4-0)Member Planamento.Recused) 1:10 P.M. - SILVER SANDS HOLDINGS I, LLC. #7894 - By Alex Perros, Owner and Gail Pollack, Attorney. Opposition from Ricky and Kathy Steinmuller, and Catherine Hearst. Request for a Variance from Article VII, Section 280-36; and the Building Inspector's January 10, 2024 Notice of Disapproval based on an application for a permit to construct a free standing restaurant with office and storage space for restaurant operations; 1) located less than the code required minimum side yard setback of 15 feet; located at: 1135 Shore Drive/1135 Silvermere Road, Greenport, NY. SCTM No. 1000-47-2-15. 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 ADJOURN HEARING TO AUGUST 1, 2024. Vote of the Board: Ayes: All. This Resolution was duly adopted. (4-0) (Member Planamento Recused) 1:10 P.M. - SILVER SANDS HOLDINGS I, LLC. #7914SE - By Alex Perros, Owner and Gail Pollack, Attorney. Opposition from Ricky and Kathy Steinmuller, and Catherine Hearst. Request for special exception pursuant to Article VII, Section 280-35B(6) and Article VII, Section 280-35C(l); applicant requests; 1) to convert an existing single family dwelling (30'4" by 26'4") to a commercial kitchen to be utilized in conjunction with converted restaurant on the same lot (Lot 15), and; 2) upon conversion, said commercial kitchen will be accessory to the principle use of the converted restaurant; located at 1135 Silvermere Road, Southold,NY. SCTM 1000-47-2-15. 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 ADJOURN HEARING TO AUGUST 1, 2024. Vote of the Board: Ayes: All. This Resolution was duly adopted. 4-0) (Member Planamento Recused) 1:10 P.M. - SILVER SANDS HOLDINGS I, LLC. #7915 - By Alex Perros, Owner and Gail Pollack, Attorney. Opposition from Ricky and Kathy Steinmuller, and Catherine Hearst. Request for a Variance from Article VII, Section 280-35C(1), based on an application for a permit to allow for an existing in- ground swimming, located on Lot 1000-47-2-15 to be utilized solely as an accessory use for motel and cottage overnight guest on Lots 1000-47-2-11, 1000-47-2-12, 1000-47-2-13, and 1000-47-2-14; located at: 1135 Shore Drive/1135 Silvermere Road, Greenport, NY. SCTM No. 1000-47-2-15. The Applicant verbally withdrew the application. 1:10 P.M. - SILVER SANDS HOLDINGS I, LLC#7897—By Alex Perros, Owner and Gail Pollack, Attorney. Opposition from Ricky and Kathy Steinmuller, and Catherine Hearst. Request for an Interpretation pursuant to Chapter 280-146(D) of the Town Code, and the Building Inspector's November 16, 2023 Certificate of Occupancy based on alterations (diner and bar areas for motel guests only)to an existing motel building,to wit: 1) whether the newly issued Certificate of Occupancy issued under Section 280-35C inappropriately limits the use of the diner and hotel bar areas to "motel guests only"; and 2) whether the use allowed in original Certificate of Occupancy,No. 142, dated May 28, 1959 remains as a permitted use; parcel located at: 1400 Silvermere Road(Adj. to Pipe's Cove) Greenport, NY. SCTM No. 1000-47-2-11. RESOLUTION: (Please see transcript of written statements prepared May 2;2024 Zoning Board of Appeals MINUTES-Regular Meeting Agenda Page 6 under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to ADJOURN HEARING TO AUGUST 1, 2024. Vote of the Board: Ayes: All. This Resolution was duly adopted. (4-0) (Member Planamento Recused . V. RESOLUTIONS: a) RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by Member Acampora to authorize advertising of hearings for the Regular Meeting to be held on Thursday, June 6, 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 April 18, 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 Planamento,to Amend the Special Exception#7719SE,KEKJS Headquarters,LLC,to allow for a Second Accessory Apartment, located at 28495 Main Road, Cutchogue,NY. SCTM No. 1000-102-5- 19. Vote of the Board: Ayes: 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 Acampora,to extend time limits to construct a swimming pool for#7156, Sara Lamm and Matthew Aselton, SCTM No. 1000-9-2-4.1,to expire May 17,2025. 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 2:33 P. M. R ect 11 subm' e , im E. Fuentes /2024 Boar Assistant tlud by Reference: filed ZBA Decisions (0) RECEIVED Leslie Kanks WeismaYi, Chairperson 5 / IL /2024 Approved for Filing and Adopted PL-4 Southold Town Clerk