HomeMy WebLinkAboutZBA-11/07/2024 BOARD MEMBERS ��OF SOUryo 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 �p� Town Annex/First Floor,
Robert Lehnert,Jr. ��. 54375 Main Road(at Youngs Avenue)
Nicholas Planamento COOy+� Southold,NY 11971
http://southoldtownny.gov
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809
MINUTES
REGULAR MEETING
THURSDAY, NOVEMBER 7, 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,November 7, 2024 commencing at 9:00 A.M.
Present were:
Leslie Kanes Weisman, Chairperson Kim Fuentes, Board Assistant
Nicholas Planamento, Member Donna Westermann, Office Assistant
Robert Lehnert 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 Lehnert and Acampora This
Resolution was duladopted (4-0))
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), Planamento, Lehnert, and Acampora. This Resolution was duly adopted(4-0))
Member Dantes Absent).
10:25 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) Lehnert Planamento
and Acampora. This Resolution was duly adopted (4-0). (Member Dantes Absent).
November 7,2024 Zoning Board of Appeals
MINUTES-Regular Meeting Agenda
Page 2
II. WORK SESSION:
1. Requests from Board Members for future agenda items.
2. The Board discussed required Annual Board Training for year 2024.
3. Requests for extensions and de minimus approvals.
III. STATE ENVIRONMENTAL QUALITY REVIEWS;
New Applications:
A. 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:
Greg Sfoglia#7955
Stephen Haratunian and Arda Haratunian#7956
Domeluca, LLC#7957
Alyse Ticker#7959
Lynn A. Cataldo Revocable Trust#7958
Noblehouse Seaport, LLC #7961
B. SEQRA STATEMENT—Roman Catholic Church of Sacred Heart#7960SE
To construct a parish center, upon property located at 14300 NYS Route 25, Mattituck, SEQRA
Action Classification and Significance to be determined and declared by the Planning Board, as
Lead Agency.
Vote of the Board: Ayes: All. This Resolution was duly adopted(4-0)
IV. POSSIBLE RESOLUTION TO CLOSE/ADJOURN THE FOLLOWING HEARINGS:
PRISTINE PROJECTS, LLC #7943 —(Adjourned from October 17, 2024) 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: A 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. (4-0)
November 7,2024 Zoning Board of Appeals
MINUTES-Regular Meeting Agenda
Page 3
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:
RELIEF GRANTED IN PART-DENIED IN PART
Oregon Road Estates Vineyard, LLC/Russell Hearn#7941
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.
10:00 A.M. -NORTH ROAD HOTEL, LLC, HOTEL MORAINE#7927SE-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.
10:00 A.M. - NORTH ROAD HOTEL, LLC/MOTEL MORAINE #7953 - 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,pursuant to request by the Owner,
Daniel Pennessi. RESOLUTION: A motion was offered by Chairperson Weisman, seconded by
Member Acampora to ADJOURN HEARING to December 5,2024. Vote of the Board: Ayes: All.
This Resolution was duly adopted. (4-0) (Member Dantes Absent)
10:34 A.M. - BUNGALOW 12, LLC/ELIZABETH MCCANCE#7938—(Adjourned from September 5,
2024)By Samuel Fitzgerald, Representative. Comments from Anthony Portillo. Request for Variances
from Article XII, Section 280-18; Article XXXVI, Section 280-207; Article XXIII, Section 280-124 and
the Building Inspector's April 4, 2024, amended September 26, 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 25 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)more than the code permitted maximum two stories; located at: 358 Ark Hill, Fishers Island,NY.
SCTM No. 1000-9-1-4. RESOLUTION: (Please see transcript of written statements prepared under
November 7,2024 Zoning Board of Appeals
MINUTES-Regular Meeting Agenda
Page 4
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)
10:47 A.M. - GREG SFOGLIA#7955 —By Anthony Portillo, Representative. Request for a Variance
from Article III, Section 28044 and the Building Inspector's June 3, 2024 Notice of Disapproval based
on an application for a permit to legalize and construct alterations to a habitable third story of an existing
single family dwelling; at; 1) more than code permitted number of stories of two and a half; located at:
3480 Old Jule Lane, (Adj. to James Creek), Mattituck,NY. SCTM No. 1000-122-4-21. 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. (4-0)
10:53 A.M. - STEPHEN HARATUNIAN AND ARDA HARATUNIAN#7956—By Ural Talgat,
Representative. Request for Variances from Article III, Section 280-15; Article XXII, Section 280-
116A(1); and the Building Inspector's May 22, 2024 Notice of Disapproval based on an application for a
permit to construct a trellis accessory to a single family dwelling; at; 1) located less than the code
required 100 feet from the top of the bluff; 2) less than the code required minimum side yard setback of
20 feet; located at: 1205 Soundview Avenue Extension, (Adj. to Long Island Sound), Southold,NY.
SCTM No. 1000-50-2-13. 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)
10:59 A.M. -DOMELUCA, LLC#7957—By Anthony Pasca, Attorney at Law. Request for a Variance
from Article III, Section 280-15 and the Building Inspector's May 17, 2024 Notice of Disapproval based
on an application for a permit to amend a currently open permit for a new dwelling to include an attached
shade trellis; at; 1) less than the code required minimum side yard setback of 20 feet; located at: 14895
Main Road, (Adj. to Dam Pond), East Marion,NY. SCTM No. 1000-23-1-2.10. 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)
11:17 A.M. -ALYSE TICKER#7959—By Martin Finnegan,Attorney; Alyse Ticker, Owner. Request
for Variances from Article XXIII, Section 280-124; Article XXXVI, Section 280-207; and the Building
Inspector's July 10, 2024 Notice of Disapproval based on an application for a permit to demolish,per
Town definition, and reconstruct a single family dwelling; at; 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%; 4) gross floor area exceeding
permitted maximum square footage for lot containing up to 20,000 square feet in area; located at: 1685
Westview Drive, (Adj. to Mattituck Creek) Mattituck,NY. SCTM No. 1000-107-7-8. 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. (3-0) (Member
Planamento Recused)
November 7,2024 Zoning Board of Appeals
MINUTES-Regular Meeting Agenda
Page 5
11:39 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 duladopted(4-0).
1:03 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(4-0).
1:04 P.M. -LYNN A. CATALDO REVOCABLE TRUST#7958—By Patricia Moore,Attorney and
Lynn Cataldo, Owner. Support from Nancy Masur,Richard Hardt and Lorraine Hardt. Request a
Variance from Article XXIII, Section 280-123 and requesting a Reversal of the Building Inspector's July
22, 2024 Notice of Disapproval,based on an application for a permit to legalize"as-built" additions and
alterations to an existing accessory building; at; 1) a nonconforming building containing a nonconforming
use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to
a conforming use; located at: 9490 Main Road, East Marion,NY. SCTM No. 1000-31-10-2.
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 and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly
adopted. (4-0)
1:32 P.M. -ROMAN CATHOLIC CHURCH OF SACRED HEART#7960SE—By Patricia Moore,
Attorney and Joseph Neitzel, Representative. Request for a Special Exception pursuant to Article III,
Section 280-13B(2) and the Building Inspector's July 10, 2024 Notice of Disapproval based on an
application for a permit to construct a parish center,upon property located at 14300 NYS Route 25,
Mattituck,NY. SCTM No. 1000-114-11-1. 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 Planning Board
Comments and SEQRA Review. Vote of the Board: Ayes: All. This Resolution was duly adopted. 4-0)
1:48 P.M. -NOBLEHOUSE SEAPORT, LLC #7961 —By Anne Surchin,Representative and Jeffrey Lax,
Owner. Request for Variances from Article III, Section 280-14; Article XXXVI, Section 280-207; and
the Building Inspector's July 23, 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 to an existing
single family dwelling; at: 1) as built habitable space is more than the code permitted number of stories of
two and a half; 2)proposed habitable space is more than the code permitted number of stories of two and
a half; 3) gross floor area exceeding permitted maximum square footage for lot containing up to 80,000
square feet in area; located at: 2345 Main Road, Greenport,NY. SCTM No. 1000-35-1-27.2.
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 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 October 3, 2024) By
Alexander Perros, Owner; Charles Cuddy, Attorney. Support by Richie Steinmuller and Catherin Hearst
Request for a Special Exception pursuant to Article VII, Section 280-35(B)(6), applicant requests; (1)to
November 7,2024 Zoning Board of Appeals
MINUTES-Regular Meeting Agenda
Page 6
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.'
2:07 P.M. - SILVER SANDS HOLDINGS I, LLC. #7894 — (Adj. from October 3, 2024) By Alexander
Perros, Owner; Charles Cuddy,Attorney. Support by Richie Steinmuller and Catherin Hearst. 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.
2:07 P.M. - SILVER SANDS HOLDINGS I, LLC. #7914SE—(Adj. from October 3, 2024) By
Alexander Perros, Owner; Charles Cuddy, Attorney. Support by Richie Steinmuller and Catherin Hearst
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 October 3, 2024) By Alexander
Perros, Owner; Charles Cuddy, Attorney. Support by Richie Steinmuller and Catherin Hearst 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: (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 the Special Meeting of November 21, 2024. Vote of the Board: Ayes: All.
This Resolution was duly adopted. 3-0) (Member Planamento Recused)
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,
December 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), Lehnert,
Planamento, and Acampora. This Resolution was duly adopted 4-0).
b) RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by Member
Planamento,to approve minutes from the Regular Meeting held October 17, 2024. Vote of the Board:
T
November 7,2024 Zoning Board of Appeals
MINUTES-Regular Meeting Agenda
Page 7
Ayes: Member Weisman(Chairperson),Lehnert, Planamento, and Acampora. This Resolution was
duly adopted(4-0)..
c) RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by Member
Planamento,to Grant an extension to#7557,Levent Temiz, 57305 County Road 48, Greenport,NY.
SCTM No. 1000-44-2-3. One year extension to expire on November 21, 2025. Vote of the Board:
Ayes: Member Weisman(Chairperson), Lehnert,Planamento, and Acampora. This Resolution was
duly adopted 4-0).
d) RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by Member
Planamento,whether to approve the request from#7827, QJSG Properties LLC, for a design change
of the proposed Artist Studio/Watch Tower, re: ZBA decision letter of October 21, 2024. Vote of the
Board: NAYS: Member Weisman(Chairperson),Lehnert,Planamento, and Acampora. (4-0).
Resolution Failed to Pass
e) RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by Member
Planamento,whether to approve the request from#7825,Janet van Adelsberg, for an amended
decision for a gazebo design change, expansion in size, and to allow electricity/lighting. Vote of the
Board: NAYS: Member Weisman(Chairperson),Lehnert, Planamento, and Acampora. (4-0).
Resolution Failed to Pass
There being no.other business properly coming before the Board at this time,the Chairperson declared
the meeting adjourned. The meeting was adjourned at 2:47 P. M.
Respe tfully sub tte
Kim E. Fuentes 11 l z!/2024
Board Assistant
I/�ls
(4n e ference: fled ZBA�Decisions (1)
Leslie Kanes Weisman, Chairperson / /,7/ /2024
Approved for Filing and Adopted
RECEIVED
+ PwL
NOV 22 �
Southold Town Clerk