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Home My WebLink AboutZBA-10/03/2024 BOARD MEMBERS ��0� SOUr Southold Town Hall Leslie Kanes Weisman, Chairperson 53095.Main Road-P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora = T Office Location: Eric Dantes �pQ Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento yCOum Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 MINUTES REGULAR MEETING THURSDAY, OCTOBER 3, 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, October 3, 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 9:12 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)) I. EXECUTIVE SESSION: Began at 9:05 A.M. 9:12 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), Dantes, Planamento, and Acampora. This Resolution was duly adopted(4-0) (Member Lehnert Absent 9:55 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), Dantes, Planamento, and Acampora. This Resolution was duly adopted(4-0). (Member Lehnert Absent II. WORK SESSION: Began at 10:00 AM. 1. Requests from Board Members for future agenda items. 2. The Board discussed required Annual Board Training for year 2024 October 3,2024 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(SEQR) 6 NYCRR, Part 617.5 (c) including the following: Pristine Projects, LLC#7943 Dean T. Karavas#7948 Cedars 1883, LLC/Jonah and Katie Sonnenborn#7945 Jose and Juana Sarabia#7954 Harbes Estate, LLC, Monica and Edward Harbes #7847SE Michele Glover#7952 225 Oak Road, LLC, Pat McAuliffe#7950 Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0) IV. 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: GRANT IN PART/DENY IN PART/GRANT ALTERNATIVE RELIEF Jonathan Presseau#7920 Vote of the Board: Ayes: Members Weisman(Chairperson), Dantes, Planamento, and Acampora. This Resolution was duly adopted (4-0). GRANT AS AMENDED WITH CONDITIONS Thomas Bradford#7944 Vote of the Board: Ayes: Members Weisman(Chairperson), Dantes,Planamento, and Acampora. This Resolution was duly adopted 4-0Z DECISION TABLED: Oregon Road Estates Vineyard/Russel Hearn(LIEB) #7941 October 3,2024 Zoning Board of Appeals MINUTES-Regular Meeting Agenda Page 3 Vote of the Board: Ayes: Members Weisman(Chairperson), Dantes, Planamento, and Acampora. This Resolution was duly adopted (4-0). V.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. 10:13 A.M. - SILVER SANDS HOLDINGS I, LLC. #7893SE—(Adj. from August 1, 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.' 10:13 A.M. - SILVER SANDS HOLDINGS I, LLC. #7894 — (Adj. from August 1, 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/1135 Silvermere Road, Greenport,NY. SCTM No. 1000-47-2-15. 10:13 A.M. - SILVER SANDS HOLDINGS I, LLC. #7914SE—(Adj. from August 1, 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. 10:13 A.M. - SILVER SANDS HOLDINGS I,LLC#7897—(Adj. from August 1, 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. The Board adjourned the Public Hearings of Silver Sands Holdings I, LLC while awaiting comments from the Planning Board. RESOLUTION: A motion was offered by Chairperson Weisman, seconded by Member Acampora to ADJOURN HEARING to November 7,2024. Vote of the Board: Ayes: All. This Resolution was duly adopted. (3-0) (Member Lehnert Absent,Member Planamento Recused) October 3,2024 Zoning Board of Appeals MINUTES-Regular Meeting Agenda Page 4 10:15 A.M. -PRISTINE PROJECTS, LLC#7943 —By Patricia Moore, Attorney and George Georgiatis, Owner. Opposition from Timothy Staron. Request for a Waiver of Merger petition under Article II, Section 280-10A,to unmerge land identified as SCTM No. 1000-63-1-5 which has merged with SCTM No. 1000-63-1-4, based on the Building Inspector's May 13, 2024 Notice of Disapproval; which states that a non-conforming lot shall merge with an adjacent conforming or non-conforming lot held in common ownership with the first lot at any time after July 1, 1983 and that non-conforming lots shall merge until the total lot size conforms to the current bulk schedule requirements (minimum 40,000 sq. ft. in the R-40 Residential Zoning District); located, 155 Sunnyside Road, Southold,NY. SCTM Nos.1000- 63-1-4 and 1000-63-1-5. 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 ADJOURN HEARING to October 17, 2024. Vote of the Board: Ayes: All. This Resolution was duly adopted. (4-0) 10:55 A.M. - DEAN T. KARAVAS #7948—By Patricia Moore, Attorney. Request for a Waiver of Merger petition under Article II, Section 280-10A, to unmerge land identified as SCTM No. 1000-33-4- 38 which has merged with SCTM No. 1000-33-4-39, based on the Building Inspector's May 20, 2024, Amended June 13, 2024 Notice of Disapproval; which states that a non-conforming lot shall merge with an adjacent conforming or non-conforming lot held in common ownership with the first lot at any time after July 1, 1983 and that non-conforming lots shall merge until the total lot size conforms to the current bulk schedule requirements (minimum 40,000 sq. ft. in the R-40 Residential Zoning District); located, 750 and 850 Tasker Lane, Greenport,NY. SCTM Nos.1000-33-4-38 and 1000-33-4-39. 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) 11:01 A.M. - CEDARS 1883,LLC/JONAH AND KATIE SONNENBORN#7945—By Margot Coffey, Representative. Request for Variances from Article IV, Section 280-18; and the Building Inspector's April 29, 2024 Notice of Disapproval based on an application for a permit to legalize an "as built" habitable third story and create additional habitable third story space in an existing single family dwelling; 1) more than code required number of stories of two and a half; 2) less than the code required minimum front yard setback of 50 feet; located at: 825 Stephensons Road, Orient,NY. SCTM No. 1000- 17-1-11.5. 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 CLOSE HEARING and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted. (4-0) 11:15 A.M. -JOSE AND JUANA SARABIA#7954—By Patricia Moore, Attorney and Jose Sarabia, Owner. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's June 7, 2024 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool; 1)more than the code permitted maximum lot coverage of 20%; located at: 1040 Middleton Road, Greenport,NY. SCTM No. 1000-40-5-11. 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) October 3,2024 Zoning Board of Appeals MINUTES-Regular Meeting Agenda Page 5 11:20 A.M. - HARBES ESTATE, LLC, MONICA AND EDWARD HARBES #7847SE—By Dr. Dominick Morreale,Representative. Applicants request a Special Exception under Article III Section 280-13B(14). The Applicants are the owners requesting authorization to establish an Accessory Bed and Breakfast, accessory and incidental to the residential occupancy in this single-family dwelling, with one (1)bedroom for lodging and serving of breakfast to the Bed&Breakfast casual, transient roomers. Located at: 715 Hallock Lane, Mattituck,NY. SCTM No. 1000-112-1-7.4. 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. 4-0) 11:26 A.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora to take a Lunch Break. Vote of the Board: Ayes: All. This Resolution was duly adopted 4-0). 1:09 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). 1:11 P.M. -MICHELE GLOVER#7952—By Anthony Portillo and Brooke Epperson, Representatives Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's June 13, 2024, Amended June 20, 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) less than the code required minimum front yard setback of 35 feet; 2) less than the code required minimum combined side yard setback of 25 feet; 3)more than the code permitted maximum lot coverage of 20%; located at: 1300 Bailie Beach Road, Mattituck,NY. SCTM No. 1600-99-3-11.18. 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. (4-0) 1:20 P.M. 225 OAK ROAD,LLC, PAT MCAULIFFE#7950—By Anthony Portillo and Brooke Epperson, Representatives. Opposition from Jack Emery, Carol Dinda and Joanne Vitiello. Request for Variances from Article XXIII, Section 280-124; Article XXXVI, Section 280-207A(1)(b); Article XXXVI, Section 280-208A; and the Building Inspector's June 7, 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 construct an accessory in-ground swimming pool; 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; 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 20,000 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: 225 Oak Road,New Suffolk,NY. SCTM No. 1000-110-8-10. 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. (4-0) October 3,2024 Zoning Board of Appeals MINUTES-Regular Meeting Agenda Page 6 1:10 P.M. -NORTH ROAD HOTEL, LLC, HOTEL MORAINE 47927SE—(Adjourned from September 5, 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. 1:1.0 P.M. —NORTH ROAD HOTEL, LLC/MOTEL MORAINE #7953 —(Adjourned from September 5, 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 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 Board adjourned the Public Hearings of North Road Hotel, LLC, while awaiting comments from the Planning Board. RESOLUTION: A motion was offered by Chairperson Weisman, seconded by Member Acampora to ADJOURN HEARING to November 7,2024. Vote of the Board: Ayes: All. This Resolution was duly adopted. (4-0) (Member Lehnert Absent) 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, November 7, 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 adopted(4-0). b) RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by Member Acampora,to approve minutes from the Regular Meeting held September 19, 2024. 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 1:50 P. M. Respec fully su i d, K'' E. Fuentes l0 /d`7/2024 Board Assistant � RECEIVED jInde4dbReference: Filed ZBA Decisions (2) Leslie Knees Weisman, Chairperson 10117 Q /� /2024 aCT 1 Approved for Filing and Adopted Southold Town Clerk