HomeMy WebLinkAboutZBA-01/09/2025 BOARD MEMBERS ��OF S0UjyO 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 a0 Town Annex/First Floor,
Robert Lehnert,Jr. 0�'. 54375 Main Road(at Youngs Avenue)
Nicholas Planamento Coy +� Southold,NY 11971
http://southoldtownny.gov
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809
MINUTES
REGULAR MEETING
THURSDAY, JANUARY 9, 2025
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, January 9,2025 commencing at 8:30 A.M.
Present were:
Leslie Kanes Weisman, Chairperson Kim Fuentes,Board Assistant
Nicholas Planamento, Member Elizabeth Sakarellos, Senior Office Assistant
Robert Lehnert, Member Donna Westermann, Office Assistant
Patricia Acampora, Member Julie McGivney,Assistant Town Attorney
Margaret Steinbugler, Member
8:35 A.M. Chairperson Weisman called the meeting to order.
Vote of the Board: Ayes: Members Weisman(Chairperson), Planamento, Lehnert,Acampora and
Steinbugler. This Resolution was duly adopted(5-0).)
I. EXECUTIVE SESSION: Began at 8:35 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), Planamento, Lehnert,Acampora and Steinbugler. This Resolution was duly adopted(5-0).)
9:30 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
Acampora and Steinbugler. This Resolution was duly adopted(5-0).
II. ORGANIZATIONAL MEETING: began at 9:38A.M.
1) Review and re-adopt:
r -
January 9,2025 Zoning Board of Appeals
MINUTES-Regular Meeting Agenda
Page 2
a) ZBA Procedural Guidelines
b) Code of Conduct, as Amended
c) Guidelines to Open Meetings Law and Ethical Issues
Vote of the Board: Ayes: Members Weisman(Chairperson),Planamento,Acampora,Lehnert and
Steinbugler. This Resolution was duly adopted(5-)
2) Review all current templates for writing draft decisions.
3) Review meeting dates for 2025.
4) Appointment by the Chairperson of Nicholas Planamento as Vice Chair for the year 2025.
Vote of the Board: Ayes: Members Weisman(Chairperson), Planamento,Acampora,Lehnert and
Steinbugler. This Resolution was duly adopted(5-0)
The Board discussed the June Special Meeting date of Wednesday,June 18, 2025, since the third
Thursday of that month falls on a Federal Holiday. Furthermore,the July Regular meeting will be moved
to July 10, since the first Thursday of the month falls on the day before a three-day Holiday weekend, and
the Special Meeting of July will be held on the fourth Thursday, on July 24.
II. WORK SESSION:
1. Requests from Board Members for future agenda items.
2. Requests for extensions and de minimus approvals. As part of this agenda,the Board will make motions
on resolutions to grant or deny applicant requests.
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:
George and Sara Spahidakis#7933SE
George and Sara Spahidakis#7977
Brian and Shari Nerreau#7971
Steven and Kim Sweeney#7974
Donald J. Schneider and Pamela E. Schneider#7972
I.V.N.N., LLC#7973
Vicky Papson, Trustee of Vicky Papson#7972
Stritzler Family Trust#7975
Ryan Stork#7976
Carla Sciara and Lester Hilbert#7978
January 9,2025 Zoning Board of Appeals
MINUTES-Regular Meeting Agenda
Page 3
Vote of the Board: Ayes: Members Weisman(Chairperson), Planamento. Lehnert, Acampora and
Steinbugler. 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:
SPECIAL EXCEPTION APPLICATION WITHDRAWN:
Silver Sands Holdings I,LLC.#7897
Vote of the Board: Ayes: Members Weisman(Chairperson),Lehnert,Acampora, and Steinbugler. This
Resolution was duly adopted(4-0) (Member Planamento Recused).
DECISION TABLED:
POTE VIDET/MDC TRUST#7964
Vote of the Board: Ayes: Members Weisman(Chairperson) Lehnert,Acampora,Planamento and
Steinbugler. This Resolution was duly adopted(5-0)
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.
10:02 A.M. - GEORGE AND SARA SPAHIDAKIS #7933SE—By George Spahidakis, Owner. Opposition
from Ken O'Brien. Applicants request a Special Exception under Article III, Section 280-13B(13). The
Applicants are owners of the subject property requesting authorization to establish an Accessory Apartment in
an existing accessory structure; at: 1235 Wunneweta Road, Cutchogue,NY. SCTM#1000-104-12-12.2.
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) (Member Planamento Recused)
10:02 A.M. - GEORGE AND SARA SPAHIDAKIS #7977—By George Spahidakis, Owner. Opposition
from Ken O'Brien. Request for a Variance from Article XXIII, Section 280-122; and the Building Inspector's
September 20,2024 Notice of Disapproval based on an application for a permit to legalize"as built"
alterations to an existing"as built" accessory apartment in an accessory building and to construct a deck
addition to the existing accessory building; at, 1)alterations and additions to a nonconforming building
containing a conforming use creates a new nonconformance or increase in the degree of nonconformity;
located at: 1235 Wunneweta Road, Cutchogue NY. SCTM No. 1000-106-6-33. 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) (Member Planamento, Recused) .
January 9,2025 Zoning Board of Appeals
MINUTES-Regular Meeting Agenda
Page 4
10:12 A.M. -BRIAN AND SHARI NERREAU#7971 —By Joan Chambers, Representative and Shari
Nerreau, Owner. Request for Variances from Article III, Section 280-13A(1);Article XXIII, Section 280-
124; and the Building Inspector's August 7, 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 to legalize"as built"
conversion of a pre-existing seasonal cottage to a year-round dwelling; at 1) altered cottage constitutes a non-
permitted second dwelling on a lot; 2) located less than the code required minimum side yard setback of 15
feet; located at: 705 Wood Lane, (Adj. to Richmond Creek)Peconic,NY. SCTM No. 1000-86-6-8.
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 without a date. Vote of the Board: Ayes:All. This Resolution was duly adopted. (5-0)
10:43 A.M. - STEVEN AND KIM SWEENEY#7974—By Joan Chambers, Representative and Steven
Sweeney, Owner. Request for a Variance from Article III, Section 280-15; and the Building Inspector's July
24, 2024 Notice of Disapproval based on an application for a permit to construct an accessory garage; at, 1)
located less than the code required minimum side yard setback of 15 feet; located at: 190 North Drive,
Mattituck,NY. SCTM No. 1000-106-6-33. 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 an amended application. Vote of the
Board: Ayes: All. This Resolution was duly adopted. (5-0)
11:08 A.M. -DONALD J. SCHNEIDER AND PAMELA E. SCHNEIDER#7972—By Patricia Moore,
Attorney and Pam Schneider, Owner. Request for a Variance from Article XXIII, Section 280-124; and the
Building Inspector's August 21, 2024 Notice of Disapproval based on an application for a permit to construct
additions and alterations to an existing single family dwelling; at, 1) located less than the code required
minimum combined side yard setback of 25 feet; located at: 890 Ruch Lane, (Adj.to Arshamomoque Pond)
Greenport,NY. SCTM No. 1000-52-2-31. RESOLUTION: (Please see transcript of written statements
prepared under separate cover.) After receiving testimony,motion was offered by Chairperson Weisman,
seconded by Member Steinbugler to CLOSE HEARING and RESERVE DECISION. Vote of the Board:
Ayes: All. This Resolution was duly adopted. (5-0)
11:16 A.M.—I.V.N.N., LLC#7973—By Martin Finnegan,Attorney and Nick Mazzaferro,Representative.
Request for Variances from Article XXIII, Section 280-124; and the Building Inspector's May 1, 2024,
Amended June 20,2024 Notice of Disapproval based on an application for a permit to legalize the"as built"
demolition(as per Town Code definition)and reconstruction of a 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: 585 Orchard Street, Orient,NY. SCTM No. 1000-25-2-14.1.
RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving
testimony,motion was offered by Chairperson Weisman, seconded by Member Planamento to CLOSE
HEARING and RESERVE DECISION. Vote of the Board:Ayes:All. This Resolution was duly adopted. (5-0)
11:27 A.M. -VICKY PAPSON, TRUSTEE OF VICKY PAPSON#7979—By Martin Finnegan,Attorney.
Opposition from Patricia Pyun, Elizabeth O'Reilly,Phil Ferro and Marilyn Pasierb. Request for Variances
from Article IV, Section 280-18; and the Building Inspector's August 12,2024 Notice of Disapproval based
on an application for a permit for a lot line modification; 1)two proposed lots having less than the permitted
lot width of 150 linear feet; located at: 11100 NYS Route 25 and 11120 Main Road, (Adj.to Gardiners Bay)
East Marion,NY. SCTM Nos. 1000-31-13-7.1 and 1000- 31-13-7.2. RESOLUTION: (Please see transcript
of written statements prepared under separate cover.) After receiving testimony, motion was offered by
January 9,2025 Zoning Board of Appeals
MINUTES-Regular Meeting Agenda
Page 5
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)
11:50 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(5-0).
1:00 P.M. Motion was offered by Chairperson Weisman, seconded by Member Steinbugler to Reconvene the
public hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0).
PUBLIC HEARINGS—CONTINUED:
1:10 P.M.—TIMOTHY P. AND CHARENE G. MURRAY(STORK)#7976—By Karen Hoeg,Attorney.
Opposition from Jane Becksted. Request for a Variance from Article III, Section 280-13C (Accessory Uses)
and the Building Inspector's August 22,2024 Notice of Disapproval based on an application for a permit to
legalize an"as built"non permitted recreation space in an existing accessory garage building(BP#50551); at,
1) "as built"recreation space constructed in an accessory garage is not a permitted use; located at: 1140 Park
Avenue, (Adj.to Great Peconic Bay)Mattituck,NY. SCTM No. 1000-123-8-1. RESOLUTION: (Please see
transcript of written statements prepared under separate cover.) After receiving testimony,motion was offered
by Chairperson Weisman, seconded by Member Steinbugler to CLOSE HEARING and RESERVE
DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted. 5-0)
1:35 P.M. - CARLA SCIARA AND LESTER HILBERT#7978—By Steve Affelt,Representative and Carla
Sciara, Owner. Request for Variances from Article XXIII, Section 280-124;Article XXXVI, Section
207A(l)(b); and the Building Inspector's August 8,2024 Notice of Disapproval based on an application for a
permit to demolish as per Town Code definition, and reconstruct a single family dwelling at, 1) located less
than the code required minimum primary front yard setback of 35 feet; 2) located less than the code required
minimum secondary front yard setback of 20 feet; 3) located less than the minimum rear yard setback of 35
feet; 4)more than the code permitted maximum lot coverage of 20%; 5)gross floor area exceeding permitted
maximum square footage for.lot containing up to 20,000 square feet in area located at: 1525 Old Orchard
Road,East Marion,NY. SCTM No. 1000-31-15-3. 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 ADJOURN HEARING to the Special Meeting, January 23,
2025. Vote of the Board:Ayes: All. This Resolution was duly adopted. 5-0)
1:48P.M. - STRITZLER TRUST#7975—By Anthony Portillo, Representative. Request for Variances from
Article XXII, Section 280-116A;Article XXIII, Section 280-124; and the Building Inspector's August 27,
2024 Notice of Disapproval based on an application for a permit to construct additions and alterations,to
legalize an"as built" deck addition with a sauna attached to an existing single family dwelling, and to legalize
an"as built" accessory deck; at; 1)as built and proposed construction more than the code permitted maximum
lot coverage of 20%; 2)as built deck addition is located less than the code required 100 feet from the top of
the bluff; 3) as built accessory deck is less than the code required 100 feet from the top of the bluff; 4) as built
deck addition located less than the code required minimum side yard setback of 15 feet; located at: 955
Soundview Avenue, (Adj.to the Long Island Sound) Mattituck,NY. SCTM No. 1000-94-1-8.
RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving
January 9,2025 Zoning Board of Appeals
MINUTES-Regular Meeting Agenda
Page 6
testimony,motion was offered by Chairperson Weisman, seconded by Member Acampora to ADJOURN
HEARING to the Special Meeting,January 23,2025. Vote of the Board: Ayes: All. This Resolution was
duly adopted. (5-0)
2:16 P.M. -NORTH ROAD HOTEL, LLC, HOTEL MORAINE#7927SE—(Adjourned from December 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.
2:16 P.M. -NORTH ROAD HOTEL, LLC/MOTEL MORAINE#7953—(Adjourned from December 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,pursuant to request by the
Owner,Daniel Pennessi. RESOLUTION: A motion was offered by Chairperson Weisman,seconded by
Member Acampora to ADJOURN HEARING to APRIL 3,2025. Vote of the Board: Ayes: All. This
Resolution was duly adopted. (5-0)
VI. 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,
February 6,2025 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),Lehnert,Planamento,
Acampora and Steinbugler. 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 December 19,2024. Vote of the
Board: Ayes: Member Weisman(Chairperson),Lehnert,Planamento,Acampora and Steinbugler.
This Resolution was duly adopted(5-0).
c) RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by Member
Steinbugler to Grant a One Year Extension to#7593,Amnon and Kathleen Bar-Tur, 170 Bay Lane,
Orient, SCTM No. 1000-24-2-26.4. Extension from February 17,2025 and to expire February 17,
2026. Vote of the Board: Ayes: Member Weisman(Chairperson),Lehnert, Planamento,Acampora
and Steinbugler. This Resolution was duly adopted(5-0).
d) RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by Member
Lehnert to Grant an AMENDED Decision#7967, Jennifer Shipman,2184 Elijah's Lane, Mattituck,
January,9,2025 Zoning Board of Appeals
MINUTES-Regular Meeting Agenda
Page 7
NY. SCTM No. 1000-108-3-5.41. Vote of the Board: Ayes: Member Weisman(Chairperson),
Lehnert,Planamento,Acampora and Steinbugler. This Resolution was duly adopted(5-0).
e) RESOLUTION FAILED: A Motion was offered to GRANT an extension to 46965, Bill Livanos,
7990 Summit Drive,Mattituck,NY. SCTM No. 1000-106-1-30.2._Vote of the Board: NAYS:
Member Weisman(Chairperson),Lehnert, Planamento, Acampora and Steinbugler. This Resolution
Failed (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 2:18 P. M.
Respectf, submitted,
Kim E. Fuentes /00/2025
Board Assistant
Included by Reference: Filed ZBA Decisions(0)
Alie Weisma , Chairperson /2025
Approved for Filing and Adopted
RECEIVED
4Pj-
JAN 2 7 2025
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Southold Town Clerk