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Home My WebLink AboutZBA-07/25/2024 Special BOARD MEMBERS ��OF S�UryO 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 COWNI Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 ` MINUTES SPECIAL MEETING THURSDAY,DULY 25,2024 A special meeting of the SOUTHOLD TOWN ZONING BOARD OF APPEALS was held at the Southold Town Hall Annex, Second Floor conference Room, 54375 Main Road at Youngs Avenue, Southold on Thursday, July 25, 2024 commencing at 3:30 P.M. The public had access to view and listen to the meeting as it was happening via Zoom. However, this meeting was not a public hearing and no testimony was solicited or received. Present were: Leslie Kanes Weisman, Chairperson Elizabeth Sakarellos, Sr. Office Assistant Nicholas Planamento, Vice Chair Donna Westermann, Office Assistant Eric Dantes, Member Julie McGivney, Assistant Town Attorney Patricia Acampora, Member Rob Lehnert, Member 3:35 P.M. Chairperson Weisman opened the meeting in order to call for Executive Session. Vote of the Board: Ayes: Member Weisman (Chairperson), Dantes, Planamento,Acampora and Lehnert. This Resolution was duly adopted(5-0). EXECUTIVE SESSION: 3:37 P.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento to enter into Executive Session in order to receive Attorney Advice. Vote of the Board: Ayes: Members Weisman (Chairperson), Lehnert, Planamento, Acampora, and Dantes. (This Resolution was duly adopted 5-0). Minutes of ZBA July 25,2024 Special Meeting Page 2 4:25 P.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento to exit Executive Session. Vote of the Board: Ayes: Members Weisman(Chairperson) Dantes Lehnert, Planamento, and Acampora. (This Resolution was duly adopted 5-0). WORK SESSION: Began at 4:56 PM A. Requests from the Board Members for future agenda items. B. Discuss Extensions, Amendments, and De Minimus requests. POSSIBLE RESOLUTIONS TO CLOSE THE FOLLOWING HEARINGS: 4:27 P.M.—JONATHAN PRESSEAU#7920—(Adjourned from July 11, 2024)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 construction 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: A motion was offered by Chairperson Planamento, seconded by Member Dantes to ADJOURNED TO AUGUST 1, 2024. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 4:28 P.M.—JOSEPH GEBBIA AND TERESA M. DUNN#7902—(Adjourned from July 11, 2024)Request for variances from Article II, Section 280-9A(l); 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 than the code required minimum lot size of 80,000 square feet; 3) lot is less than the required lot depth of 250 feet; located at 2146 Route 25 and 475 Condor Court, Laurel,NY. SCTM 1000-127-3-6.4 and 1000- 127-3-6.5. RESOLUTION: A 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). 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: Minutes of ZBA July 25,2024 Special Meeting Page 3 GRANT RELIEF AS APPLIED: Filasky, Laine #7919 Vote of the Board: Ayes: Members Weisman(Chairperson) Planamento and Acampora Dantes and Lehnert. This Resolution was duly adopted (5-0). GRANTED RELIEF AS APPLIED WITH CONDITIONS: Londono, Laura #7911 2440 Village Lane, LLC #7918 Mandaro, Steve& Fortune #7923 Dangas, George #7922 Vote of the Board: Ayes: Member Weisman (Chairperson) Dantes Planamento Acampora and Lehnert. This Resolution was duly adopted(5-0). DENY IN PART, GRANT IN PART ALTERNATE RELIEF WITH CONDITIONS Pelly, Vincent #7921 Vote of the Board: Ayes: Member Weisman (Chairperson) Dantes Planamento Acampora and Lehnert. This Resolution was duly adopted (5-0). DENY AS AMENDED IN PART, GRANT ALTERATIVE RELIEF AS AMENDED WITH CONDITIONS Huettenmoser, Mary and James #7884 Vote of the Board: Ayes: Member Weisman(Chairperson) Dantes Planamento Acampora and Lehnert. This Resolution was duly adopted(5-0). RELIEF DENIED Grant, Roland, President of SQUEST, Inc. #7847 Vote of the Board: Ayes: Member Weisman (Chairperson) Dantes Planamento Acampora and Lehnert. This Resolution was duly adopted(5-0). RESOLUTIONS: RESOLUTION ADOPTED: 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 AM for Executive Session and 10:00 Minutes of ZBA July 25,2024 Special Meeting Page 4 A.M. for Regular Meeting. Vote of the Board: Ayes: Member Weisman (Chairperson), Dantes, Planamento, Acampora and Lehnert. This Resolution was duly adopted (5-0). RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Lehnert to approve Minutes from the Regular Meeting held July 11, 2024. Vote of the Board: Ayes: Member Weisman(Chairperson), Dantes, Planamento, Acampora and Lehnert. This Resolution was duly adopted 5-0). RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Planamento to Grant a second One Year extension,to#7387, Hard Corner Properties, LLC, 53530 Main Road, Southold,NY SCTM No. 1000-61-4-1. Extension from August 6, 2024 to August 6, 2024 to August 6, 2025. Vote of the Board: Ayes: Member Weisman Chairperson), Dantes, Acampora and Lehnert. (Planamento recused). This Resolution was duly adopted (4-a RESOLUTION ADOPTED: WHEREAS,the Town of Southold Zoning Board of Appeals ("the Board")has received a written request for an extension of variance relief from#7254 and 7256,Edna and Michael Beirne dated April 15, 2019, 305 Faye Court, Mattituck, SCTM No. 1000-123-5-36.10 WHEREAS,the Board notes, and the applicant acknowledges, that the request for an extension has been made after the date on which the variance expired, and; WHEREAS, Section 280-146 (B)requires that a written request for an extension be made prior to the expiration of the variance, and; WHEREAS, the applicant has requested that he/she not-be required to reapply for the expired variance relief on various grounds, including but not limited to: the completion of the project,the recent expiration of the variance, and a delay caused by a shutdown of construction due to the COVID-19 pandemic, and; WHEREAS, the Board,pursuant to Section 280-146 (B) has the power to vary OR MODIFY THE APPLICATION OF any regulation contained in Chapter 280 so that the spirit of the chapter is observed,public safety and welfare preserved and that substantial justice is done, including the requirement that a written request for an extension must be provided prior to expiration of the variance, and; WHEREAS, the Board has determined that based upon the factors set forth by the applicant as cited above, that in this instance it is necessary for the Board to vary the requirement that a written request for an extension be made prior to the expiration of a variance, therefore be it; RESOLVED,the Board with regard to the request for an extension of the variance granted in File No. #7254 and 7256, Edna and Michael Beirne dated April 15, 2019, 305 Faye Court, Mattituck, SCTM No. 1000-123-5-36.10, elects to vary the requirement that a written request must be made prior to the expiration of the variance, and be it further; Minutes of ZBA July 25,2024 Special Meeting Page 5 RESOLVED, the Board hereby grants a sixty (60) day extension of the variance relief granted in File No. #7254 and 7256, Edna and Michael Beirne dated April 15, 2019, 305 Faye Court, Mattituck, SCTM No. 1000-123-5-36.10, from this-date, to expire on September 25, 2024. Vote of the Board: Ayes: Member Weisman(Chairperson), Dantes, Planamento, Acampora, and Lehnert. Resolution was duly adopted(5-0). RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Lehnert to Grant a One Year extension to #7426, Paul and Susan Wachter, 2295 Bay Shore Road, Greenport,NY SCTM No. 1000-53-4-15. Extension from December 22, 2023 and to Expire on December 22, 2024. Vote of the Board: Ayes:_ Member Weisman(Chairperson), Dantes, Planamento, Acampora and Lehnert. This Resolution was duly adopted (5 !Qh RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Planamento to correct description of subject parcel and to remove Condition No. 5, #7872,Rocky Bluff, LLC, 645 Rosemberg Road, East Marion,NY, SCTM No. 1000-21-1-26.1. 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 5:12 P.M. Respectfully submitted, Aonna aWe 7/26/2024 Office Assistant Included by Reference: Filed ZBA Decisions (8) M, Leslie Kanes Weisman, Chairperson°$% f/2014 Approved for Filing Resolution Adopted RECEIVE Southold Town Clerk