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Home My WebLink AboutZBA-09/05/2024 BOARD MEMBERS ��0f SOUT Southold Town Hall Leslie Kanes Weisman, Chairperson 53095 Main Road-P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Q G • �O Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento yCou +� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 MINUTES REGULAR MEETING THURSDAY, SEPTEMBER 5, 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, September 5, 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 Robert Lehnert, Member 9:05 A.M. Chairperson Weisman called the meeting io order. Vote of the Board: Ayes: Members Weisman(Chairperson) Planamento Dantes and Acampora This Resolution was duly adopted(5-0).) I. EXECUTIVE SESSION: Began at 9:05 A.M. 9:05 A.M. -A 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),rson) Dantes Planamento Lehnert and Acampora This Resolution was duly adopted 5-0 10:07 A.M. -Motion was offered by Chairperson Weisman, seconded by Member Lehnert to exit the Executive Session. Vote of the Board: Ayes: Members Weisman (Chairperson) Dantes Planamento Lehnert and Acampora. This Resolution was duly adopted (5-0 . II. WORK SESSION: Began at 10:08 AM. 1. Requests from Board Members for future agenda items. September 5,2024 Zoning Board of Appeals MINUTES-Regular Meeting Agenda Page 2 2. The Board discussed a reasonable time to accept public comments; staff will discontinue to accept comments after the Friday prior to the Public Hearing. If the public or applicants wish to submit written comments after that that Friday, they may do so during the Public Hearing. 3. The Board discussed extensions, de minimis approvals and amended decisions. 4. The Board discussed a request from Peter Cocolaras to extend his decision #6897, December 17, 2015. It was the determination of this Board that they had no authority to further extend the decision. 5. The Board discussed the request from'Fishers Island Community Center, Files #7563SE and 7321 to remove a Condition disallow outdoor lighting surrounding the Pickleball/Tennis courts. The Board determined to Let the Condition Stand. 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: Belle and Bean Ventures, LLC#7935 Sara L. Campbell Cichanowicz and Jeffrey Campbell #7937 Bungalow 12, LLC/Elizabeth McCance#7938 Thomas and Mary Roulette#7939 Oregon Road Estates Vineyard,LLC/Russell Hearn#7941 Joseph Vangi#7942 Alexander and April White#7940 Thomas Bradford#7944 Elizabeth and Allen Jeremias/Soundhaus Holdings, LLC#7949 Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0) IV. POSSIBLE RESOLUTION TO CLOSE/ADJOURN THE FOLLOWING HEARINGS: JONATHAN PRESSEAU#7920—(Adjourned from August 15, 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 September 5,2024 Zoning Board of Appeals MINUTES-Regular Meeting Agenda Page 3 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) V. 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: UPHOLD NOTICE OF DISAPPROVAL AND DENY VARIANCE Joseph A. Gebbia and Teresa M. Dunn#7902 Vote of the Board: Ayes: Members Weisman(Chairperson) Dantes Planamento Acampora Lehnert. This Resolution was duly adopted (5-0). DENY VARIANCE AS APPLIED FOR AND AS AMENDED: Paul Betancourt#7932 Vote of the Board: Ayes: Members Weisman (Chairperson) Dantes Planamento Acampora Lehnert. This Resolution was duly adopted(5-0). DECISION TABLED Jonathan Presseau#7920 Vote of the Board: Ayes: Members Weisman (Chairperson), Dantes, Planamento Acampora Lehnert. This Resolution was duly adopted (5-0). VI. 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. 10:14 A.M. -BELLE AND BEAN VENTURES, LLC #7935 —By Andrew and Rita Zasowski, Owners. Opposition from Bill Flinter. Request for a Variance from Article III, Section 280-14 and the Building Inspector's April 9, 2024,Notice of Disapproval based on an application for a permit to legalize the "as built"habitable third story in an existing single family dwelling; 1)more than the code permitted maximum two and one-half(2-1/2) stories; located at: 3535 Westphalia Road, Mattituck,NY. SCTM No. 1000-113-13-20. 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) September 5,2024 Zoning Board of Appeals MINUTES-Regular Meeting Agenda Page 4 10:41 A.M. - SARA L. CAMPBELL CICHANOWICZ AND JEFFREY CAMPBELL #7937—By Martin Finnegan, Attorney. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's April 15, 2024,Notice of Disapproval based on an application for a permit construct additions and alterations to an existing single family dwelling; 1) located less than the code required minimum side yard setback of 20 feet; located at: 2220 Depot Lane, Cutchogue,NY. SCTM No. 1000-102-2-3. 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. (5-0) 10:46 A.M. - BUNGALOW 12, LLC/ELIZABETH MCCANCE#7938 —By Sam Fitzgerald, Representative. Request for Variances from Article XXIII, Section 280-124; Article XXXVI, Section 280-207; Article XXXVI, Section 280-208 and the Building Inspector's April 4, 2024, amended April 30, 2024,Notice of Disapproval based on an application for a permit to construct a new two story single family dwelling with a screened porch,terrace, covered porches and decks; 1)located less than the code required minimum secondary front yard setback of 20 feet; 2) located less than the code required minimum rear yard setback of 50 feet; 3) gross floor area exceeding permitted maximum square footage for lot containing up to 30,000 square feet in area; 4)the construction exceeds the permitted sky plane as defined in Article I, Section 280-4 of the Town Code; located at: 358 Ark Hill, Fishers Island,NY. SCTM No. 1000-9-1-4. 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 November 7, 2024. Vote of the Board: Ayes: All. This Resolution was dulyadopted. 5-0) 11:07 A.M. - THOMAS AND MARY ROULETTE#7939—By Mary and Thomas Roulette, Owners. Request for Variances from Article IV, Section 280-18; Article XXXVI, Section 280-208A and the Building Inspector's March 15, 2024, amended March 27, 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) located less than the code required minimum front yard setback of 50 feet; 2) located less than the code required minimum side yard setback of 15 feet; 3)the construction exceeds the permitted sky plane as defined in Article I, Section 280-4 of the Town Code; located at: 705 Meday Avenue, (Adj. to Howards Branch)Mattituck,NY. SCTM No. 1000-113-8-14.2. 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) 11:22 A.M. - OREGON ROAD ESTATES VINEYARD LLC/RUSSELL HEARN#7941 —By Patricia Moore, Attorney, Russell and Shelby Hearn, Owners and Kate Samuels, Representative. Opposition from Martin Sidor. Request for a Variance from Building Inspector's April 29, 2024,Notice of Disapproval based on an application for a permit to construct alterations to an existing building for office and wine tasting area; 1)to allow the expansion of the tasting room pursuant Zoning Board of Appeals decision#6469 Condition#1, which states that no further expansion of the tasting room, as applied for is allowed without further review; located at: 13050 Oregon Road, Cutchogue,NY. SCTM No. 1000-83-3- 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 Lehnert to September 5,2024 Zoning Board of Appeals MINUTES-Regular Meeting Agenda Page 5 CLOSE HEARING and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted. (5-0) 12:54 P.M. - JOSEPH VANGI#7942—By Joseph Vangi, Owner and Jake LaChappelle, Representative. Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector's March 19, 2024,Notice of Disapproval based on an application for a permit to construct a raised patio and deck addition to a single family dwelling; 1)more than the code permitted maximum lot coverage of 25%; located at: 17180 Main Road,New Suffolk,NY. SCTM No. 1000-117-9-29. 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 an amended site plan. Vote of the Board: Ayes: All. This Resolution was duly adopted. (5-0) 1:08 P.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento to take a Short Break. Vote of the Board: Ayes: All This Resolution was duly adopted (4-0). 1:17 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): 1:17 P.M. - STEPHANE SEGOUIN#7891 —(Adjourned from July 11, 2024) By Stephane Segouin, Owner, Lisa Poyer, Representative. Inquiry from Anthony Portillo. Request for Variances from Article XXII, Section 280-116A; Article XXIII, Section 124; Article XXXVI, Section 280-207A(b); Article XXXVI, Section 280-208A; and the Building Inspector's November 8, 2023, Amended December 13, 2023, Amended July 9, 2024 Notice of Disapproval based on an application for a permit to demolish (as per Town Code definition) and reconstruct a single family dwelling, a new accessory in-ground swimming pool, and to legalize two as built accessory decks; at; 1)more than the code permitted maximum lot coverage of 20%; 2) dwelling located less than the code required minimum side yard setback of 7.5 feet; 3) dwelling exceeds the permitted sky plane as defined in Article I, Section 280-4 of the Town Code; 4) dwelling located less than the code required 100 feet from the top of the bluff; 5) swimming pool located less than the code required 100 feet from the top of the bluff; 6) accessory deck located less than the code required 100 feet from the top of the bluff, 7) accessory deck located seaward of the top of the bluff; 8) gross floor area exceeding permitted maximum square footage for lot containing up to 20,000 square feet in area; located at 310 the Strand, (Adj. to Long Island Sound) East Marion,NY. SCTM No. 1000-21-5-5. 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 subject to receipt of additional information. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0) 1:43 P.M. -ALEXANDER AND APRIL WHITE#7940—By Anthony Portillo, Representative. Request for a Variance from Article XXXVI, Section 280-207A(e) and the Building Inspector's May 7, 2024, Notice of Disapproval based on an application for a permit to construct additions and alterations to September 5,2024 Zoning Board of Appeals MINUTES-Regular Meeting Agenda Page 6 existing single family dwelling; 1) gross floor area exceeding permitted maximum square footage for lot containing up to 80,000 square feet in area; located at: 230 Kimberly Lane, Southold,NY. SCTM No. 1000-70-13-20.19. 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) 1:48 P.M. - THOMAS BRADFORD#7944—By Anthony Portillo, Representative. Request for Variances from Article XXIII, Section 280-.124; Article XXXVI, Section 280-207; Article XXXVI, Section 280-208; and the Building Inspector's May 23, 2024,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 front yard setback 35 feet; 2) located less than the code required minimum side yard setback of 10 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 I, Section 280-4 of the Town Code; located at: 3755 Bay Shore Road, Greenport,NY. SCTM No. 1000-53-6-17. 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 ADJOURN HEARING to September 19, 2024. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0) 2:06 P.M. -ELIZABETH AND ALLEN JEREMIAS/SOUNDHAUS HOLDINGS LLC#7949—By Jenn DelVaglio, Representative. Opposition from Lynn Klear and Anthony Portillo Request for Variances from Article XXII, Section 280-116A(1); Article XXIII, Section 280-124; and the Building Inspector's May 22, 2024 Notice of Disapproval based on an application for a permit to construct a deck and raised patio addition to include a hot tub and swimming pool addition to an existing single family dwelling and to legalize the expansion of a stair platform located seaward of the top of the bluff; 1)proposed construction located less than the code required 100 feet from the top of the bluff; 2) "as-built"platform located seaward of the top of the bluff, not permitted; 3)proposed construction located less than the code required minimum side yard setback of 20 feet; located at: 2635 Soundview Avenue (Adj. to the Long Island Sound), Mattituck,NY. SCTM No. 1000-94-1-12.1. 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) 2:38.M. -NORTH ROAD HOTEL, LLC HOTEL MORAINE#7927SE—(Adjourned from August 1, 2024) 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. 2:38 P.M.—NORTH ROAD HOTEL,LLC/MOTEL MORAINE#7953—(Adjourned from August 1,2024) 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 September 5,2024 Zoning Board of Appeals MINUTES-Regular Meeting Agenda Page 7 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. The applicant, Daniel Pennessi, requested an adjournment of the Public Hearing while awaiting comments from the Planning Board. RESOLUTION: A motion was offered by Chairperson Weisman, seconded by Member Planamento to ADJOURN HEARING to October 3,2024. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0) VII. 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, October 3,2024 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 Lehnert, and Acampora. This Resolution was duly adopted 5-0Z b) RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by Member Acampora,to approve minutes from the Regular Meeting held August 15, 2024. Vote of the Board: Ayes: Member Weisman(Chairperson),rson) Dantes Planamento Lehnert and Acampora This Resolution was duly adopted (5-0). c) RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by Member Planamento, to GRANT an Extension to #7210, Charlotte Greene and Joanna Lomas, 500 Stephenson Road, Orient. SCTM No. 1000-17-1-6. Extension to Expire December 31, 2025. Vote of the Board: Ayes: Member Weisman (Chairperson) Dantes Planamento Lehnert and Acampora. This Resolution was duly adopted (5-0). d) RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by Member Lehnert,to GRANT a one year Extension to#7412,5645 Aldrich Lane,LLC, located at 5645 Aldrich Lane, Mattituck. SCTM No. 1000-120-3-11.13 and 11.14. Extension to Expire September 17, 2025. Vote of the Board: Ayes: Member Weisman(Chairperson) Dantes Planamento, Lehnert, and Acampora. This Resolution was duly adopted(5-0) e) RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by Member Planamento,to GRANT a 90 Day Extension to #7626,James Maye, located at 910 Fleetwood Road, Cutchogue. SCTM No. 1000-137-4-32. Extension to Expire December 16, 2024. Vote of the Board: Ayes: Member Weisman(Chairperson), Dantes Planamento Lehnert and Acampora. This Resolution was duly adopted (5-0). f) RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by Member Planamento,to GRANT an Extension to #7442, Claudia Cebada Mora, located at 70 Pine Avenue, Southold. SCTM No. 1000-77-3-12.1. Extension to Expire December 22, 2024. Vote of the Board: Ayes: Member Weisman(Chairnerson) Dantes Planamento Lehnert and Acampora. This Resolution was duly adopted (5-0). September 5,2024 Zoning Board of Appeals MINUTES-Regular Meeting Agenda Page 8 There being no other business properly coming before the Board at this time,the Chairperson declared the meeting adjourned. The meeting was adjourned at 2:42 P. M. Respect lly submi ed, Kim E. Fuentes q / 19/2024 Board Assistant Inclu d Re erence: Filed ZBA Decisions (2) s,1 anes Weisman, Chai erson Q / /2024 Approved for Filing and Adopted ` RECEIVED SP2 3i D� Southold Town Clerk