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Home My WebLink AboutZBA-07/11/2024 BOARD MEMBERS ��OF SO(/j�o 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. ��,f. 54375 Main Road(at Youngs Avenue) Nicholas Planamento COUv+� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 MINUTES REGULAR MEETING THURSDAY, JULY 11, 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, July 11, 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 9:12 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 9:12 A.M. 9:12 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-OA. 10:08 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). II. WORK SESSION: Began at 10:15 AM. 1. Requests from Board Members for future agenda items. 2. The Board discussed extensions, de minimis approvals and amended decisions. July 11,2024 Zoning Board of Appeals MINUTES-Regular Meeting Agenda Page 2 III. STATE ENVIRONMENTAL QUALITY REVIEWS; New Applications: 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: Laura Londono#7911 Jonathan Presseau#7920 2440 Village Lane, LLC. #7918 Vincent Pelly #7921 Steve and Fortune Mandaro #7923 Laine Filasky##7919 George Dangas#7922 Grandview Drive Realty, LLC/Vincent Panettieri#7924 Stephane Segouin#7891 Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0Z 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. - LAURA LONDONO#7911 —By Anthony Portillo, Representative. Request for Variances 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 additions and alterations to existing single family dwelling and construct an accessory in-ground swimming pool; 1) construction located less than the code required minimum side yard setback of 10 feet; 2)more than the code permitted maximum lot coverage of 20%; located at: 435 Inlet Drive, Mattituck,NY. SCTM No. 1000-106-2-21. 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) 10:28 A.M. -JONATHAN PRESSEAU#7920—By Anthony Portillo, Representative. Request for Variances from Article XXIII, Section 280-124; Article XXXVI, Section 280-207A(b); and the Building Inspector's February 14, 2024 Notice of Disapproval based on an application for a permit to construct additions and alterations to a single family dwelling and to legalize the "as built" addition and "as built" shed addition, at; 1) located less than the code required minimum side yard setback of 10 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; located at: 2905 Stillwater Avenue (Adj. to East Creek), Cutchogue,NY. SCTM No. 1000-136-2-4. RESOLUTION: (Please see July 11,2024 Zoning Board of Appeals MINUTES-Regular Meeting Agenda Page 3 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 THE SPECIAL MEETING OF JULY 25, 2024. Vote of the Board: Ayes: All. This Resolution was duly adopted. (5-0) 10:43 A.M. - 2440 VILLAGE LANE. LLC. #7918: By Robert Herrmann and Peter Marren, Representatives, and Molly McNear, Owner. David Snowdon and Richard Gillooly in support. Request for Variances from Article XXIII, Section 280-124; Article XXXVI, Section 280-207; and Article XXXVI, Section 280-208; and the Building Inspector's March 7, 2024,Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling; at; 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)more than the code permitted maximum lot coverage of 20%; 4) gross floor area exceeding permitted maximum square footage for lot containing up to 10,000 square feet in area; 5)the construction exceeds the permitted sky plane as defined in Article 1, Section 280-4 of the Town Code; located at: 2440 Village Lane, (Adj. to Orient Harbor) Orient,NY. SCTM#1000-26-1-17.1. 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) 11:18 A.M. -VINCENT PELLY#7921 —By Anthony Portillo, Representative. 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 construct a breezeway and garage addition, deck alteration and on in-ground swimming pool with raised patio addition to an existing single family dwelling; 1) construction located 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: 3275 North Bayview Road, Southold,NY. SCTM No. 1000-71-1-39. 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) 11:29 A.M. - STEVE AND FORTUNE MANDARO #7923 —By Anthony Portillo, Representative and Steve Mandaro, Owner. Frank Beaury in Opposition. Request for Variances from Article XXIII, Section 280-124, and the Building Inspector's March 4, 2024 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 side yard setback of 10 feet; located at: 2135 Bay Avenue, (Adj. to Marion Lake)East Marion. SCTM No. 1000-31-17-4. 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) 11:48 A.M. -LAINE FILASKY#7919—By Mike Arato, Representative. Request for a Variance from Article XI, Section 280-49; and the Building Inspector's February 5, 2024 Notice of Disapproval based on an application for a permit to construct additions and alterations to a single family dwelling, at; 1) July 11,2024 Zoning Board of Appeals MINUTES-Regular Meeting Agenda Page 4 located less than the code required minimum front yard setback of 100 feet; located at: 1345 Old Main Road, Mattituck,NY. SCTM No. 1000-122-7-7.1. 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 dulyadopted. (5-0) 11:52 A.M. - GEORGE DANGAS #7922—By Joan Chambers, Representative. Request for Variances from Article IV, Section 280-18; Article XXII, Section 280-116A(1); and the Building Inspector's December 11, 2023 Notice of Disapproval based on an application for a permit to construct a deck addition to an existing single family dwelling and an in-ground swimming pool; 1) located less than the code required minimum combined side yard setback of 35 feet; 2) located less than the code required 100 feet from the top of the bluff; located at: 1900 Hyatt Road, (Adj. to Long Island Sound) Southold,NY. SCTM No. 1000-50-1-3. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento to CLOSE HEARING Subject to Additional Information. Vote of the Board: Ayes: All. This Resolution was duly adopted. (5-0) STEPHANE SEGOUIN #7891 —ADJOURNED TO SEPTEMBER 5, 2024. On July 10, 2024, by email correspondence, Lisa Poyer, applicant's representative, requested an adjournment of the public hearing to September 5, 2024 12:04 P.M. Motion was offered by Chairperson Weisman, seconded by Member Lehnert to take a recess. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0 . 1:06 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) 1:06 P.M. - GRANDVIEW DRIVE REALTY, LLCNINCENT PANETTIERI#7924—By Steve Caputo Representative and Anthony Guardino, Attorney. Susan Worth in opposition. Request for Variances from Article III, Section 280-15; Article XXII, Section 280-116A(1); and the Building Inspector's March 5, 2024, Amended March 15, 2024 Notice of Disapproval based on an application for a permit to legalize an as built accessory pavilion, at; 1) located less than the code required minimum side yard setback of 15 feet; 2) located less than the code required 100 feet from the top of the bluff; located at: 2410 Grandview Drive, (Adj. to Long Island Sound), Orient,NY. SCTM No. 1000-14-2-3.9. 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 ADJOURN PUBLIC HEARING to SEPTEMBER 5, 2024. Vote of the Board: Ayes: All. This Resolution was duly adopted. (5-0) July 11,2024 Zoning Board of Appeals MINUTES-Regular Meeting Agenda Page 5 1:34 P.M. -JAMES HUETTENMOSER#7884—(Adjourned from March 7,2024 and April 4,2024)By Patricia Moore,Attorney and Jim DeLuca Representative. Caryn Klein and Shaun Knoll in Opposition. Request for Variances from Article XXIII, Section 280-124;Article XXXVI, Section 280-207;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; 1)located less than the code required minimum side yard setback of 10 feet;2)more than the code permitted maximum lot coverage of 20%;3)gross floor area exceeding the permitted maximum square footage for a lot containing up to 20,000 square feet in area;located at: 2235 Cedar Lane(Adj.to Spring Pond),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 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) 2:08 P.M. - ROLAND GRANT, PRESIDENT OF SQUEST, INC. #7847: (Adjourned from February 1, 2024) By Patricia Moore, Attorney and Roland Grant, Owner Request for Variances from Article XV, Section 280-62C;Article XV, Section 280-64B and 280-64C;and the Building Inspector's August 4,2023, Amended October 17,2023 Notice of Disapproval based on an application for a permit to demolish existing buildings and construct two public self-storage buildings (A&B),with building"A"creating an accessory apartment on the second floor and to maintain the existing 26.8 ft. by 37 ft. garage/storage building; at; 1) buildings `A and B' less than the code required minimum variable front yard setback of 70 feet;2)buildings `A and B' less than the code required minimum rear yard setback of 70 feet; 3)buildings `A and B',located in the HALO Zone, more than the permitted 60 linear of frontage on one street; 4)building `A' proposing a non-permitted accessory apartment use; 5) garage/storage.less than the code required minimum front yard setback of 100 feet; 6) garage/storage less than the code required minimum side yard setback of 20 feet; located at: 800 Horton Lane, Southold,NY. SCTM#1000-63-1-9. 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) 2:42 P.M. - JOSEPH A. GEBBIA AND TERESA M. DUNN#7902—(Adjourned from June 6, 2024) By Patricia Moore, Attorney and Teresa Dunn, Owner. Opposition from Martha Reichert, David Levy, Gian Mangiari. 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); 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 Dantes to ADJOURN HEARING TO THE SPECIAL MEETING OF JULY 25, 2024. Vote of the Board: Ayes: All. This Resolution was duly adopted. (5-0) July 11,2024 Zoning Board of Appeals MINUTES-Regular Meeting Agenda Page 6 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, August 1, 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 June 20, 2024. 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 3:51 P. M. Respect ully submitte , Ki E. Fuentes '] /Qs72-024 Board Assistant Incl a Reference: Filed ZBA Decisions (0) eslie Kanes Weisman, Chairperson / /Z72024 Approved for Filing and Adopted RECEIVED JUL'� -F" 26 W P Southold Town Clerk