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Home My WebLink AboutZBA-08/01/2024 BOARD MEMBERS ��QF S0(/jyO Southold Town Hall Leslie Kanes Weisman, Chairperson 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 C00 +� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 MINUTES REGULAR MEETING THURSDAY, AUGUST 1, 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, August 1, 2024 commencing at 9:00 A.M. Present were: Leslie Kanes Weisman, Chairperson Kim Fuentes, Board Assistant Nicholas Planamento, Member Donna Westermann, Office Assistant Eric Dantes, Member Elizabeth Sakarellos, Senior Office Assistant Patricia Acampora, Member Julie McGivney, Assistant Town Attorney 9:10 A.M. Chairperson Weisman called the meeting to order. ' Vote of the Board: Ayes: Members Weisman(Chairperson), Planamento, Dantes, and Acampora. This Resolution was duly adopted 4-0).)(Member Lehnert absent I. EXECUTIVE SESSION: Began at 9:12 A.M. 9:10 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, and Acampora. This Resolution was duly adopted (4-0). (Member Lehnert absent) 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), Dantes, Planamento, and Acampora. This Resolution was duly adopted (4-0). (Member Lehnert absent August 1,2024 Zoning Board of Appeals MINUTES-Regular Meeting Agenda Page 2 - II. WORK SESSION: Began at 10:04 AM. 1. Requests from Board Members for future agenda items. 2. The Board discussed extensions, de minimis approvals and amended decisions. III. STATE ENVIRONMENTAL QUALITY REVIEWS; New Applications: 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: Emily Geiger#7925SE Carmen Brooks#7930 Evan Giniger#7926 Rick Nappi#7928 Dante Apuzzo#7929 A. Paul Seck#7931 Paul Betancourt#7932 Henry Bostic and Ambriel Bostic#7934 Vote of the Board: Ayes: All. This Resolution was duly adopted(4-0) RESOLUTION—SEQRA STATEMENT declaring applications for NORTH ROAD HOTEL, LLC/MOTEL MORAINE#7927SE& 7953 to construct of a new motel building (10 units) and to construct an addition to an existing motel building (4 units), to be Declared as an Unlisted Action by the Planning Board, as Lead Agency. Vote of the Board: Ayes: All. This Resolution was duly adopted(4-0) RESOLUTION: SEQRA STATEMENT declaring Type II Action by the Planning Board, as Lead Agency, for the following applications: a) Silver Sands I, LLC #7893SE b) Silver Sands I, LLC #7894 c) Silver Sands I, LLC #7897 d) Silver Sands I,LLC #7914SE Vote of the Board: Ayes: All. This Resolution was duly adopted(3-0). (Member Lehnert absent. Member Planamento recused) August 1,2024 Zoning Board of Appeals MINUTES-Regular Meeting Agenda Page 3 IV. POSSIBLE RESOLUTION TO CLOSE/ADJOURN THE FOLLOWING HEARINGS: JONATHAN PRESSEAU#7920—(Adjourned from July 25, 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 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: A motion was offered by Chairperson Weisman, seconded by Member Acampora to ADJOURN HEARING to AUGUST 15, 2024. Vote of the Board: Ayes: All. This Resolution was duly adopted. (4-0) 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. 10:06 A.M. -EMILY GEIGER#7925SE—By Patricia Moore, Attorney and Emily Geiger, Owner. Applicants request a Special Exception under Article III, Section 280-13B(13). The Applicant is owner of the subject property requesting authorization to establish an Accessory Apartment in an existing accessory structure; at: 2345 Ackerly Pond Lane, Southold,NY. SCTM#1000-69-5-2. 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. (4-0) 10:14 A.M. - CARMEN BROOKS #7930—By Patricia Moore, Attorney. Request for Variances from Article XI, Section 280-49 and the Building Inspector's April 4, 2024,Notice of Disapproval based on an application for a permit to construct rear deck and front porch additions to a single family dwelling; at; 1) less than the code required minimum side yard setback of 25 feet; 2) less than the code required minimum combined side yard setback of 50 feet; located at: 1232 The Gloaming, Inner Bay Shore Road, (Adj. to Great Harbor)Fishers Island,NY. SCTM No. 1000-10-9-16. 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. (4-0) 10:20 A.M. -EVAN GINIGER#7926—By Lisa Poyer, Representative. Request for a Variance from Article III, Section 280-15 and the Building Inspector's March 8, 2024,Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling; at; 1) resulting in an existing accessory structure located in other than the code permitted rear yard; located at: 315 Fleetwood Road (Adj. to East Creek), Cutchogue,NY. SCTM No. 1000-137-4-14.1. 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. (4-0) August 1,2024 Zoning Board of Appeals MINUTES-Regular Meeting Agenda Page 4 10:30 A.M. - RICK NAPPI#7928—By Gary Bechhoff, Representative. Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's January 29, 2024,Notice of Disapproval based on an application for a permit to obtain of Certificate of Occupancy for the demolition (per town code definition) and the construction of a new single family dwelling; at; 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: 5218 Peconic Bay Boulevard, (Adj. to Great Peconic Bay) Laurel,NY. SCTM No. 1000-128-2-22. 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. (4-0) 10:40 A.M. -DANTE APUZZO #7929—By Nick Mazzaferro, Representative and Dante Apuzzo, Owner. Opposition from Clarissa Roussan and Stephan Roussan. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's February 16, 2024,Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling; at; 1)more than the code permitted maximum lot coverage of 20%; located at: 515 Third Street,New Suffolk,NY. SCTM No. 1000-117-9-17. 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 subject to Receipt of Additional Information. Vote of the Board: Ayes: All. This Resolution was duly adopted. (4-0) 11:06 A.M. -A. PAUL SECK#7931 —By Paul Seck, Owner. Request for a Variance from Article III, Section 280-15 and the Building Inspector's April 12, 2024,Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool; at; 1) located in other than the code permitted rear yard; located at: 2445 Laurel Lake Drive, Private Road#18, Mattituck,NY. SCTM No. 1000-121-4-7.1. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento to CLOSE HEARING subject to Receipt of Additional Information (Landscape Plan). Vote of the Board: Ayes: All. This Resolution was duly adopted. (3-0) (Member Lehnert absent, Member Dantes,recused) 11:20 A.M. -PAUL BETANCOURT#7932—By Joan Chambers, Representative. Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector's April 19, 2024,Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool; at; 1) located in other than the code permitted rear yard; 2) more than the code permitted maximum lot coverage of 20%; located at: 1050 Champlin Place, (Adj. to Sterling Creek Basin) Greenport,NY. SCTM No. 1000-34-5-2.1. 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 ADJOURN to the Special Meeting of August 15, 2024. Vote of the Board: Ayes: All. This Resolution was duly adopted. 4-0) 11:36 A.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento to take a Lunch Break. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). August 1,2024 Zoning Board of Appeals MINUTES-Regular Meeting Agenda Page 5 1:04 P.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes to Reconvene the public hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). PUBLIC HEARINGS (Continued): 1:04 P.M. -NORTH ROAD HOTEL, LLC, HOTEL MORAINE#7927SE—By Daniel Pennessi, Owner. Opposition from Samir Attia and Katherine Tsounis. Request for a Special Exception pursuant to Article VII, Section 280-35B(4) and the Building Inspector's January 24, 2024 Notice of Disapproval based on an application for a permit to construct a new motel building(10 units) and to build an addition to an existing motel building (4 units) upon a parcel that measures 3.251 acres in total area, at; located at 62005 County Road 48, (Adj. to Long Island Sound) Greenport,NY. SCTM 1000-40-1-1. 1:04 P.M. - NORTH ROAD HOTEL, LLC/MOTEL MORAINE 47953 — By Daniel Pennessi, Owner. Opposition from Samir Attia and Katherine Tsounis. Request for a Variance from Article VII, Section 280-35B(4)(a) and the Building Inspector's January 24, 2024, Notice of Disapproval based on an application for a permit to construct a new motel building (10 units) and to build an addition to an existing motel building (4 additional units) at; 1) parcel is less than the code required minimum size of five (5) acres; at: 62005 County Road 48,(Adj. to the Long Island Sound) Greenport,NY. SCTM No. 1000-40-1-1. 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 ADJOURN HEARING to September 5,2024. Vote of the Board: Ayes: All. This Resolution was duly adopted. (4-0) 1:51 P.M. -HENRY BOSTIC AND AMBRIEL BOSTIC #7934—By Ian Zuhoski, Representative. Opposition from Robert Spatny and Burk Liburt. Request for a Variance from Article XXIII, Section 280-105D(4); and the Building Inspector's April 26, 2024,Notice of Disapproval based on an application for a permit to construct a deer fence along the front yard of a residential property; at; 1) located in the front yard is not permitted; located at: 5305 Narrow River Road, Orient,NY. SCTM No. 1000-27-2-2.3. 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. 4-0) 2:07 P.M. - SILVER SANDS HOLDINGS I, LLC. #7893SE—(Adj. from May 2, 2024)Request for a Special Exception pursuant to Article VII, Section 280-35(B)(6), applicant requests; (1)to convert an existing 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.' August 1,2024 Zoning Board of Appeals MINUTES-Regular Meeting Agenda Page 6 2:07 P.M. -SILVER SANDS HOLDINGS I,LLC.#7894—(Adj.from May 2,2024)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/l 135 Silvermere Road, Greenport,NY. SCTM No. 1000-47-2-15. 2:07 P.M. - SILVER SANDS HOLDINGS I. LLC. #7914SE—Adj. from May 2, 2024) Request for special exception pursuant to Article VII, Section 280-35B(6) and Article VII, Section 280-35C(1); 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. 2:07 P.M. - SILVER SANDS HOLDINGS I, LLC #7897—(Adj. from May 2, 2024) 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: A motion was offered by Chairperson Weisman, seconded by Member Acampora to ADJOURN HEARINGS to October 3,2024. Vote of the Board: Ayes: All. This Resolution was duly adopted. (4-0) 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, September 5, 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, and Acampora. This Resolution was duly dopted(4-0). b) RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by Member Acampora,to approve minutes from the Regular Meeting held July 25,2024. Vote of the Board: Ayes: Member Weisman(Chairperson), Dantes,Planamento, and Acampora. This Resolution was duly adopted (4-0). August 1,2024 Zoning Board of Appeals MINUTES-Regular Meeting Agenda Page 7 c) RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by Member Acampora,to GRANT a Second Extension to HC NOFO,LLC, 6370 Skunk Lane, Cutchogue. SCTM No. 1000-104-5-3.3. Extension to Expire August 1, 2025. Vote of the Board: Ayes: Member Weisman(Chairperson), Dantes, Planamento, and Acampora. This Resolution was duly adopted(4-0). There being no other business properly coming before the Board at this time,the Chairperson declared the meeting adjourned. The meeting was adjourned at 2:09 P. M. YRespectly submitt d, Kim E. Fuentes �' /L5/2024 Board Assistant Inclu4eTby Reference: F' d ZBA Decisions (0) c Leslie Kanes Weisman, Chairperson / /5/2024 Approved for Filing and Adopted RECEIVED 1►U 6 2WA Southold Town Clerk