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Home My WebLink AboutZBA-06/06/2024 BOARD MEMBERS ��0f SOUr�o Southold Town Hall 01 Leslie Kanes Weisman, Chairperson CIO 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. ��,j. 54375 Main Road(at Youngs Avenue) Nicholas Planamento Copy+� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 MINUTES REGULAR MEETING THURSDAY, JUNE 6, 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, June 6, 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 9:06 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. 9:06 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 (5-0 . 10:06 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 10:15 AM. 1. Requests from Board Members for future agenda items. June 6,2024 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: Richard Fisher#7905 Diana Falkenbach#7909 Christopher Masotto#7907 Erika and Christopher Wershoven#7910 Lauren and Russell Antonucci#7906 JSK Park Avenue,LLC #7913 Andrea D. Spinaris#7912 Joseph A. Gebbia and Teresa M. Dunn#7902 1420 Smith Drive, LLC#7916 David And Elayna Kaplan#7917 Rocky Bluff, LLC; Richard Reisman and Dana Reed#7872 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. 10:16 A.M. - RICHARD FISHER#7905 —By Brooke Epperson, Representative. Opposition from Marianne Weil, Jean Betancourt and Andrea King. Request for Variances from Article III, Section 280- 15; Article XXIII, Section 280-124; and the Building Inspector's January 25, 2024 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling and to construct an accessory in-ground swimming pool; 1) located less than the code required minimum rear yard setback of 35 feet; 2) swimming pool is located in other than the code permitted rear yard; located at: 295 Youngs Road, Orient,NY. SCTM No. 1000-18-1-12. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to CLOSE HEARING and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted. (5-0) 10:48 A.M. - DIANA FALKENBACH#7909—By Brooke Epperson, Representative. 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 construct additions and alterations to a single family dwelling; 1) less than the code required minimum front yard setback of 55 feet; located at: 3650 June 6,2024 Zoning Board of Appeals MINUTES-Regular Meeting Agenda Page 3 Eugenes Road, Cutchogue,NY. SCTM No. 1000-97-8-6. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Acampora to CLOSE HEARING and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted. (5-0) 10:56 A.M. - CHRISTOPHER MASOTTO#7907—By Patricia Moore,Attorney and Charles Kuehn, Representative. Request for Variances from Article XXIII, Section 280-124; Article XX VI, Section 280-208 and the Building Inspector's January 31, 2024 Notice of Disapproval based on an application for a permit to demolish,per town definition, and construct a new single family dwelling; 1) less than the code required minimum front yard setback of 35 feet; 2) less than the code required minimum rear yard setback of 35 feet; 3) less than the code required minimum side yard setback of 10 feet; 4) less than the code required minimum combined side yard setback of 25 feet; 5) more than the code permitted maximum lot coverage of 20%; 6)the construction exceeds the permitted sky plane as defined in Article I, Section 280-4 of the Town Code; located at: 55915 County Road 48 (Adj. to the Long Island Sound), Greenport,NY. SCTM No. 1000-44-1-17. 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) 11:23 A.M. - ERIKA AND CHRISTOPHER WERSHOVEN#7910—By Brooke Epperson, Representative. Request for Variances from Article XXIII, Section 280-124; and the Building Inspector's February 5, 2024 Notice of Disapproval based on an application for a permit to demolish, as per Town Code Definition, and construct a single family dwelling; 1) less than the code required minimum front yard setback of 35 feet; 2) less than the code required minimum side yard setback of 10 feet; located at: 3150 Ole Jule Lane (Adj. to James Creek), Mattituck,NY. SCTM No. 1000-122-4-19. 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) 11:26 A.M. -LAUREN AND RUSSELL ANTONUCCI#7906—By Martin Finnegan,Attorney. Request for Variances from Article XXIII, Section 280-124; Article XXXVI, Section 280-207A(1)(b) 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; 1) located less than the code required minimum side yard setback of 10 feet; 2) gross floor area exceeding permitted maximum square footage for lot containing up to 20,000 square_ feet in area; located at: 195 Marys Road,Mattituck, NY. SCTM No. 1000-140-2-36.3. 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) 11:36 A.M. -JSK PARK AVENUE, LLC#7913 —By Martin Finnegan, Attorney. Request for Variances from Article III, Section 280-13A(1); Article IV, Section 280-17A(l); Article IV, Section 280-18; and the Building Inspector's January 8, 2024 Notice of Disapproval based on an application for a permit to merge June 6,2024 Zoning Board of Appeals MINUTES-Regular Meeting Agenda Page 4 two adjacent lots and to demolish three (3) existing single family dwellings, keep one existing single family dwelling and construct an additional new single family dwelling, an accessory in-ground swimming pool and an accessory detached garage; 1) proposed lot is less than the minimum lot width of 150 feet; 2) one-family detached dwelling, not to exceed one single family dwelling on each lot; located at: 2150 and 2200 Park Avenue, (Adj. to Great Peconic Bay)Mattituck,NY. SCTM No. 1000-123-8-9 and 1000-123-8-10. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony,motion was offered by Chairperson Weisman, seconded by Member Acampora to CLOSE HEARING and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted. (5-0) 11:48 A.M. -ANDREA D. SPINARIS #7912—By Timothy Cloughen, Representative and Andreas Spinaris, Owner. Opposition by Lynn Normandia. Request for Variances from Article XXIII, Section 280-124; and the Building Inspector's January 30, 2024 Notice of Disapproval based on an application for a permit to legalize `as-built' platform decks and a hot tub attached to an existing single family dwelling; 1) less than the code required minimum rear yard setback of 35 feet; 2)more than the code permitted maximum lot coverage of 20%; located at: 3175 Kennys Road(Adj. to Great Pond), Southold, NY. SCTM No. 1000-59-6-26. 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. (5-0). 12:11 A.M. - JOSEPH A. GEBBIA AND TERESA M. DUNN #7902—By Patricia Moore, Attorney and Teresa Dunn, Owner. Opposition from Martha Reichert, Gian Mangieri, David Levy, and Steve Schott. Request for Variances from Article II, Section 280-9A(1); Article III, Section 280-14; and the Building Inspector's December 27, 2023, Amended January 12, 2024, Notice of Disapproval and requesting a reversal of the Building Inspector's Notice of Disapproval dated January 12,2024; based on an application for lot recognition and to legalize a lot created prior to June 30, 1983 at; 1) lot does not conform to Bulk Schedule AA; 2) lot is less the code required minimum lot size of 80,000 square feet; 3) lot is less than the required lot depth of 250 feet; 4) lot is less than the required lot width of 175 feet; located at 2146 Route 25 and 475 Condor Court, Laurel,NY. SCTM No. 1000-127-3-6.4 and 1000-127-3-6.5. 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 HEARING to July 11, 2024. Vote of the Board: Ayes: All. This Resolution was duly adopted. (5-0) 1:29 P.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora to take a recess. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0 . 1:39 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(5-0). June 6,2024 Zoning Board of Appeals MINUTES-Regular Meeting Agenda Page 5 PUBLIC HEARINGS (Continued) 1:39 P.M.— 1420 SMITH DRIVE, LLC#7916—By Gail Wickham,Attorney and Gary Scalise, Owner. Request for Variances from Article XXIII, Section 280-124; Article XXXVI, Section 280-207A(1)(d); and the Building Inspector's February 5, 2024, Amended February 27, 2024 Notice of Disapproval based on an application for a permit to demolish(as per Town Code definition) and reconstruct a single family dwelling and an accessory garage; 1) located less than the code required minimum side yard setback of 15 feet; 2) located less than the code required minimum combined side yard setback of 35 feet; 3) gross floor area exceeding permitted maximum square footage for lot containing up to 40,000 square feet in area; located at: 1420 Smith Drive, South, Southold,NY. SCTM No. 1000-76-3-10.1. 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) 2:01 P.M. - ROCKY BLUFF, LLC; RICHARD REISMAN AND DANA REED#7872—By Robert Herrmann, Representative. Request for a Variances from Article XXII, Section-116A(1) and the Building Inspector's September 11, 2023, Revised March 11, 2023 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling at; 1) proposed construction is located less than the code required 100 feet from the top of the bluff, located at: 645 Rosenberg Road(Adj. to Long Island Sound), East Marion,NY. SCTM#1000-21-1-26.1. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony,motion was offered by Chairperson Weisman, seconded by Member Acampora to CLOSE HEARING and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted. (5-0) 2:13 P.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora to take a recess. Vote of the Board: Ayes: All. This Resolution was duly adopted f La 2:18 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 5-0). 2:18 P.M. —DAVID AND ELAYNA KAPLAN#7917—By Isaac Clay Coffey, Representative, and David Kaplan, Owner. (Note: this hearing was moved to a later time because of representative's late arrival). Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector's January 26, 2024 Notice of Disapproval based on an application for a permit to construct a front entry attached to an existing single family dwelling; 1) located less than the code required minimum front yard setback of 40 feet; located at: 1700 Inlet Way, (Adj. to Hogs Neck Bay) Southold,NY. SCTM No. 1000- 92-1-7. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) June 6,2024 Zoning Board of Appeals MINUTES-Regular Meeting Agenda Page 6 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 dulyadopted. (5-0) 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, July 11, 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 Acampora,to approve minutes from the Regular Meeting held May 16, 2024. Vote of the Board: Ayes: Member Weisman(Chairperson), Dantes, Planamento,Acampora and Lehnert. This Resolution was duly adopted ,5-0Z c) RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by Member Lehnert,to Amend the determination of#7859,North Fork Project, LLC (Tower), located at 5775 W Mill Road, Mattituck,NY. SCTM No. 1000-106-6-4.1. 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 Planamento,to Grant a one year extension to #7492, Sticks and Stones, Ian Zuhoski, 3995 Wells Avenue, Southold,NY. SCTM No. 1000-70-4-1, to expire on May 20, 2025. Vote of the Board: Ayes: Member Weisman (Chairperson), Dantes, Planamento, Acampora and Lehnert. This Resolution was duly adopted(5-0). e) RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by Member Lehnert,to Grant a one year extension to#7500 Heather Lanza, 2200 Yennecott Drive, Southold,NY. SCTM No. 1000-55-4-32.1, to expire June 17, 2025. Vote of the Board: Ayes: Member Weisman(Chairperson), Dantes, Planamento, Acampora and Lehnert. This Resolution was duly adopted(5-0. f) RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by Member Acampora,to Grant a one year Extension to#7457 Louis and Erin Nardolillo, 3850 Camp Mineola Road, Mattituck,NY. 1000-125-5-18, to Expire February 4, 2025. Vote of the Board: Ayes: Member Weisman(Chairperson), Dantes, Planamento, Acampora and Lehnert. This Resolution was duly adopted(5-0). June 6,2024 Zoning Board of Appeals MINUTES-Regular Meeting Agenda Page 7 There being no other business properly coming before the Board at this time,the Chairperson declared the meeting adjourned. The meeting was adjourned at 2:23 P. M. Respe lly ubm' ed Ki E. Fuentes / 0/2024 Board Assistant Inclu ed by of rence: F' ZBA Decisions(0) Le ie Kanes Weisman, Chairperson ;;,,' /2024 Approved for Filing and Adopted RECEIVED Southold Town Clerk