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Home My WebLink AboutZBA-12/05/2024 BOARD MEMBERS ��oF souryo 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. 0��. 54375 Main Road(at Youngs Avenue) Nicholas Planamento C�� +� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 MINUTES REGULAR MEETING THURSDAY, DECEMBER 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,December 5,2024 commencing at 8:00 A.M. Present were: Leslie Kanes Weisman, Chairperson Kim Fuentes,Board Assistant Eric Dantes,Member Elizabeth Sakarellos, Senior Office Assistant Nicholas Planamento,Member Donna Westermann, Office Assistant Robert Lehnert,Member Julie McGivney,Assistant Town Attorney Patricia Acampora,Member Michael Collins,Town Engineer 8:26 A.M. Chairperson Weisman called the meeting to order. Vote of the Board: Ayes: Members Weisman(Chairperson),Planamento, Dantes,Lehnert,and Acampora. This Resolution was duly adopted ,5-0Z) I. EXECUTIVE SESSION: Began at 8:26 A.M. 8:26 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,Lehnert, and Acampora. This Resolution was duly adopted(5-0).) 8:36 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,Lehnert,Planamento, and Acampora. This Resolution was duly adopted(5-0). II. WORK SESSION: 1. Requests from Board Members for future agenda items. 2. Requests for extensions and de minimus approvals. December 5,2024 Zoning Board of Appeals MINUTES-Regular Meeting Agenda Page 2 3. Board Training: Michael Collins,Town Engineer: Town and ZBA role when reviewing Stormwater run-off and potential impacts. 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: Church of the Redeemer#7962 Kathryn Steinbuglar#7963 Pote Videt/MDC Trust#7964 Richard James McBride and Frank McBride and Sons,Inc. #7965 Yasmine Legendre and Corey Worcester#7966 Patrick M. Dowden#7968 Ahmad Sadar-Afkhami#7969 Jennifer Shipman#7967 Richmond Creek Partners,LLC#7970 Vote of the Board: Ayes: Members Weisman(Chairperson),Planamento,Lehnert, and Acampora. This Resolution was duly adopted(5-0).) 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. -CHURCH OF THE REDEEMER#7962—By David Mann,Representative. Helen Corso in support. Request for a Variance from Article X, Section 280-46 and the Building Inspector's May 31, 2024 Notice of Disapproval based on an application for a permit to construct an addition to an existing religious building/house of worship; at; 1)less than the code required minimum side yard setback of 10 feet; located at: 13225 Sound Avenue, Mattituck,NY. SCTM No. 1000-141-4-27. 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. (550) 10:13 A.M. -KATHRYN STEINBUGLAR#7963 —By Kathryn Fee,Representative. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's July 25, 2024 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling; at; 1) less than the code required minimum rear yard setback of 50 feet; located at: 600 Orchard Road Southold,NY. SCTM No. 1000-66-2-7. 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. 5-0) December 5,2024 Zoning Board of Appeals MINUTES-Regular Meeting Agenda Page 3 10:20 A.M. -POTE VIDET/MDC TRUST#7964—By Martin Finnegan,Attorney, and Kate Samuels, Representative. Request for Variances from Article III, Section 280-14;Article XXII, Section 280-116A(1); and the Building Inspector's June 14,2024,Amended July 3, 2024 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling;at; 1)less than the code required minimum side yard setback of 20 feet; 2)proposed construction located seaward of the top of the bluff,not permitted; located at: 2515 Soundview Avenue, Peconic,NY. SCTM No. 1000-68-1-8. 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 ADJOURN hearing to December 19, 2024. Vote of the Board:Ayes: All. This Resolution was duly adopted. 5-0) 10:40 A.M. -RICHARD JAMES MCBRIDE AND FRANK MCBRIDE AND SONS.INC. #7965—By Richard Lark,Attorney. Request for Variances from Article III, Section 280-14 and the Building Inspector's May 1,2024, Amended June 13,2024 Notice of Disapproval based on an application for a three lot subdivision and for existing accessory structures; at 1)Proposed Lot 2 at less than the code required lot size of 80,000 sq. ft.; 2)Proposed Lots 2 at less than the code required minimum lot depth of 250 feet; 3)Accessory garage on Lot 2 located less than the code required minimum rear yard setback of 15 feet; 4)Frame barn on Lot 3 located less than the code required minimum side yard setback of 20 feet; 5)Accessory Shed on Lot 3 located less than the code required minimum side yard setback of 25 feet; located at: 10625 Oregon Road and 10725 Oregon Road, Cutchogue,NY. SCTM No. 1000-83-2-15 and 1000-83-2-16.1.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) 10:59 A.M. -YASMINE LEGENDRE AND COREY WORCESTER#7966—By Lisa Poyer, Representative. Request for Variances from Article III, Section 280-15;Article XXII, Section 280-116A(1); and the Building Inspector's June 26,2024 Notice of Disapproval based on an application for a permit to construct additions to include a pool,hot tub, trellis and deck additions to an existing single family dwelling and construct a two story accessory garage; at; 1)accessory structure located in other than the code permitted rear yard; 2)proposed construction located less than the code required 100 feet from the top of the bluff; located at: 4355 Aldrich Lane Ext., Mattituck,NY. SCTM No. 1000-112-1-13. 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. (5-0) 11:13 A.M.-PATRICK M. DOWDEN#7968—By Patrick Dowden, Owner and John Stumpf, Representative. Request for Variances from Article III, Section 280-15;Article XXIII, Section 280-124 and the Building Inspector's July 9,2024 Notice of Disapproval based on an application' for a permit to legalize"as built"additions and alterations to an existing single family dwelling and for the existing accessory shed(under 144 sq. ft.; at; 1) less than the code required minimum front yard setback of 40 feet; 2)less than the code required minimum rear yard setback of 50 feet; 3)"as built" shed less than the minimum rear yard setback of 10 feet; located at: 385 Wendy Drive, Laurel,NY. SCTM No. 1000-127-8-19. 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)(Member Lehnert Recused) 11:30 A.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes to take a Lunch Break. Vote of the Board: Ayes: All. This Resolution was duly adopted(4-0). December 5,2024 Zoning Board of Appeals MINUTES-Regular Meeting Agenda Page 4 1:04 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(5-0). PUBLIC HEARINGS—CONTINUED: 1:04 P.M. -AHMAD SADAR-AFKHAMI#7969—By Ahmad Sadar-Afkhami,Owner. Howard Dickerson in support. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's August 6,2024 Notice of Disapproval based on an application for a permit to construct additions and alterations to the sunroom attached to an existing single family dwelling; at; 1)less than the code required minimum rear yard setback of 35 feet; located at: 580 Jacobs Lane, Southold,NY. SCTM No. 1000-88-1-9. 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) 1:17 P.M. -JENNIFER SHIPMAN#7967—By Anthony Portillo,Representative. Request for a Variance from Article III, Section 280-14 and the Building Inspector's August 12,2024 Notice of Disapproval based on an application for a permit to construct a second floor addition to an existing accessory structure(principle use), at; 1) less than the code required minimum rear yard setback of 75 feet; located at: 2184 Elijahs Lane,Mattituck,NY. SCTM No. 1000-108-3-5.41. 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) 1:30 P.M. -RICHMOND CREEK PARTNERS, LLC#7970—By Patricia Moore,Attorney,and Ciara Edmunds, Owner. Request for Variances from Article 11I, Section 280-13C; Article XXII, Section 280-10513; and the Building Inspector's July 30,2024, Amended October 8, 2024,Notice of Disapproval based on an application for a permit to legalize the"as built"conversion of an existing accessory barn to an accessory recreational building and to legalize an"as built"tennis court with surrounding fence; at; 1)"as built"construction of recreation building and use is not permitted; 2)fence more than the code permitted maximum height of six and one half(6-1/2)feet in height when located along the side and rear yards; located at: 3 820 South Harbor Road, Southold,NY. SCTM No. 1000-86-3-1. 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 ADJOURN HEARING TO February 6,2025. Vote of the Board: Ayes: All. This Resolution was duly adopted. (5-0) 2:36 P.M. -NORTH ROAD HOTEL,LLC,HOTEL MORAINE#7927SE—(Adjourned from November 7,2024) 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. 2:36 P.M. - NORTH ROAD HOTEL, LLC/MOTEL MORAINE #7953 — (Adjourned from November 7, 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. December 5,2024 Zoning Board of Appeals MINUTES-Regular Meeting Agenda Page 5 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 January 9,2025. Vote of the Board: Ayes: All.This Resolution was duly adopted.(5-0) 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,January 9, 2025 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,Lehnert,Planamento,and Acampora. This Resolution was duly adopted(5-0 . b) RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by Member Planamento,to approve minutes from the Regular Meeting held November 21,2024. Vote of the Board: Ayes: Member Weisman(Chairperson),Dantes, Lehnert, Planamento, and Acampora. This Resolution was duly adopted(5-0). c) RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by Member Dantes,to Grant an extension to#7427,Estate of Thomas Eiring,4077 Main Bayview Road, South, SCTM No. 1000-78-2-18.4. Valid for two years from December 22,2023 and to expire December 22, 2025. Vote of the Board: Ayes: Member Weisman(Chairperson),Dantes,Lehnert,Planamento,and Acampora. 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 2:36 P. M. Resp c ully su d, Kim E. Fuentes 12 /M/2024 Board Assistant Includ by eference: Filed ZBA cisions(0�— RECEIVED Leslie Kanes eisman a erson ' Chi�' 1_7;1�/�/2024 Approved for Filing and Adopted Southold Town Clerk