HomeMy WebLinkAboutZBA-02/06/2025 Office Location
'®G Telephone (631) 765-1809 �� y:� Town Annex/First Floor 54375 Main Road
http://southoldtownny.gov y Southold,NY 11971
oy • Mailing Address
P.O. Box 1179
Southold,NY 11971-0959
MINUTES
REGULAR MEETING
THURSDAY, FEBRUARY 6, 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, February 6, 2025 commencing at 9:00 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
Margaret Steinbugler, Member Julie McGivney, Assistant Town Attorney
9:05 A.M. Chairperson Weisman called the meeting to order.
Vote of the Board: Ayes: Members Weisman(Chairperson), Planamento, Lehnert, and Steinbugler.
This Resolution was duly adopted(4-0).(Member Acampora absent)
I. EXECUTIVE SESSION: Began at 9:05 A.M.
9:05 A.M. -A Motion was offered by Chairperson Weisman, seconded by Member Steinbugler to enter
into Executive Session in order to receive Attorney Advice. Vote of the Board: Ayes: Members
Weisman(Chairperson), Planamento, Lehnert, and Steinbugler. This Resolution was duly adopted(4-
W
9:56 A.M. -Motion was offered by Chairperson Weisman, seconded by Member Steinbugler to exit the
Executive Session. Vote of the Board: Ayes: Members Weisman(Chairperson), Lehnert, Planamento,
and Steinbugler. This Resolution was duly adopted (4-0).
II. WORK SESSION:
1. Requests from Board Members for future agenda items.
2. Requests for extensions and de minimus approvals.
January 9,2025 Zoning Board of Appeals
MINUTES-Regular Meeting
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:
Linda Frankenbach#7980
Stefania and Michael Bopp#7981
Gal and Noga Ohayon#7982
George Cambourakis#7983
600 Glenn Road/James Roberts, Member#7984
Jacqueline Kassman#7985
Joellen Cortapasso#7987
James Clous#7990
Vote of the Board: Ayes: Members Weisman(Chairperson), Planamento, Lehnert, and
Steinbugler. This Resolution was duly adopted 4-0). (Member Acampora absent)
IV. POSSIBLE RESOLUTION TO CLOSE/ADJOURN THE FOLLOWING HEARINGS:
CARLA SCIARA AND LESTER HILBERT#7978—(Adjourned from January 23, 2025) Request for
Variances from Article XXIII, Section 280-124; Article XXXVI, Section 207A(1)(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: A
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. (4-0)(Member Acampora absent)
RICHMOND CREEK PARTNERS, LLC #7970 — (Adjourned from December 5, 2024) Request for
Variances from Article III, 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: 3820
South Harbor Road, Southold, NY. SCTM No. 1000-86-3-1. This Matter was originally heard on
January 9,2025 Zoning Board of Appeals
MINUTES-Regular Meeting
Page 3
December 5, 2024, and was then Adjourned to February 6, 2025. The applicant's representative
has requested an Adjournment of the Public Hearing to May 1, 2025. RESOLUTION: A motion
was .offered by Chairperson Weisman, seconded by Member Planamento to ADJOURN the Public
Hearing to May 1,2025: Vote of the Board:Ayes:All.This Resolution was duly adopted.(4-0)(Member
Acampora absent)
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:
DECISION TABLED:
Stritzler Family Trust#7975
Vote of the Board: Ayes: Members Weisman(Chairperson), Lehnert, Planamento, and Steinbugler.
This Resolution was duly adopted(4-0) (Member Acampora absent).
VARIANCE RELIEF DENIED:
Steven and Kim Sweeney#7974
Vote of the Board: Ayes: Members Weisman(Chairperson)Lehnert, Planamento and Steinbu ler.
This Resolution was duly adopted (4-0)L(Member Acampora absent).
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. -LINDA FRANKENBACH#7980—By Nicholas Mazzaferro, Representative and Linda
Frankenbach, Owner. Request for Variances from Article XXIII, Section 280-124 and the Building
Inspector's September 24, 2024 Notice of Disapproval based on an application for a permit to construct
additions and alterations to an existing single family dwelling; 1) located less than the code required
minimum front yard setback of 35 feet; 2) located less than the code required minimum rear yard
setback of 35 feet; located at: 3140 Minnehaha Blvd, (Adj. to Corey Creek) Southold,NY. SCTM No.
1000-87-3-40. 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).
10:20 A.M. - STEFANIA AND MICHAEL BOPP #7981 —By Michael Bopp, Owner. Request for
Variances from Article XXIII, Section 28.0-124; and the Building Inspector's September 27, 2024
Notice of Disapproval based on an application for a permit to construct a porch addition attached to an
existing single family dwelling; at 1) construction located less than the code required minimum primary
front yard setback of 35 feet; 2) existing accessory swimming pool located in area other than the code
January 9,2025 Zoning Board of Appeals
MINUTES-Regular Meeting
Page 4
required rear yard; located at: 16615 New Suffolk Avenue,New Suffolk,NY. SCTM No. 1000-117-8-
2. 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. -
10:28 A.M. - GAL AND NOGA OHAYON#7982—By Megan Carrick,Representative. Request for
Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building
Inspector's July 2, 2024 Notice of Disapproval based on an application for a permit to Amend the
current construction of an accessory garage and to construct a covered front porch attached to a single
family dwelling; at 1) accessory garage located in area other than the code required rear yard; 2)
construction located less than the code required minimum front yard setback of 35 feet; 3)more than
the code permitted maximum lot coverage of 20%; located at: 745 Gagens Landing Road, Southold,
NY. SCTM No. 1000-70-10-32. 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 Special Meeting of
February 20,2025. Vote of the Board: Ayes: All. This Resolution was duly adopted. (4-0).
10:52 A.M. - GEORGE CAMBOURAKIS #7983 —By Hideaki Ariizumi, Representative. Opposition
by Evan Antonini. Request for Variances from Article III, Section 280-15 and the Building Inspector's
September 26, 2024 Notice of Disapproval based on an application for a permit to construct an in-
ground swimming pool and an accessory pool house/cabana; at 1) swimming pool located in other than
the code permitted rear yard; 2)pool house located in other than the code permitted rear yard; located
at: 200 Cedar Drive, East Marion,NY. SCTM No. 1000-22-1-4.1. 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 CLOSE HEARING and
RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted. (4-0).
11:20 A.M. - 600 GLENN ROAD/DAMES ROBERTS, MEMBER#7984—By James Roberts, Owner.
Request for a Variance from Article IV, Section 280-18 and the Building Inspector's September 23,
2024 Notice of Disapproval based on an application for a permit to construct a roof deck with the
associated guard railing attached to a single family dwelling; at 1)more than the code permitted
maximum height of 25 feet for a flat roof; located at: 600 Glenn Road, (Adj. to West Creek) Southold
NY. SCTM No. 1000-78-2-24. 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. (4-0).
11:35 A.M. -JACQUELINE KASSMAN#7985—,By Justin Bertuch,Representative,and Jacqueline and
Peter Kassman, Owners. Request for Variances from Article XXIII, Section 280-124; Article XXXVI,
Section 280-207; and the Building Inspector's August 16, 2024, Amended September 3, 2024 Notice of
Disapproval based on an application for a permit to demolish an existing accessory structure and to
construct a new single family dwelling,an accessory garage and an accessory in-ground swimming pool;
at 1)more than the code permitted maximum lot coverage of 20%;2)gross floor area exceeding permitted
maximum square footage for lot containing up to 20,000 square feet in area; located at: 155 Tall Wood
Lane, Mattituck, NY. SCTM No. 1000-113-7-13. 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
Page 5
Chairperson Weisman, seconded by Member Planamento to ADJOURN HEARING to Special
Meeting of February 20,2025. Vote of the Board: Ayes: All. This Resolution was duly adopted. (4-0).
11:52 A.M. - JOELLEN CORTAPASSO #7987—By Robert Herrmann, Representative and John
Cortapasso, Owner. Opposition by Lauretta Mueller. Request for a Variance from Article III, Section
280-15; and the Building Inspector's October 8, 2024 Notice of Disapproval based on an application
for a permit to construct an in-ground swimming pool; at 1) located in an area other than the code
required rear yard; located at: 4830 Peconic Bay Boulevard, Laurel,NY. SCTM No. 1000-128-4-13.
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. (4-0).
12:18 P.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(4-0).
1:20 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(4-0).
PUBLIC HEARINGS—CONTINUED:
1:00 P.M. — JAMES CLOUS #7990 — By Anthony Portillo, Representative and James Clous, Owner.
Request for a Variance from Article XXXVI, Section 280-207 and the Building Inspector's November
6, 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; at 1)gross floor area exceeding permitted
maximum square footage for lot containing up to 20,000 square feet in area; located at: 3805 Bay Shore
Road, Greenport, NY. SCTM No. 1000-53-6-18. 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 ADJOURN HEARING to Special Meeting
of February 20,2025. Vote of the Board: Ayes: All. This Resolution was duly adopted. (4-0).
VII. RESOLUTIONS:
a) RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by
Member Lehnert to authorize advertising of hearings for the Regular Meeting to be held on
Thursday, March 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, and Steinbugler. This Resolution was duly adopted(4-0) (Member
Acampora absent).
January 9,2025 Zoning Board of Appeals
MINUTES-Regular Meeting Agenda
Page 6
b) RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by
Member Lehnert, to approve minutes from the Special Meeting held January 23, 2025. Vote of
the Board: Ayes: Member Weisman(Chairperson), Lehnert, Planamento, and Steinbugler.
This Resolution was duly adopted(4-0) (Member Acampora absent).
There being no other business properly coming before the Board at this time,the Chairperson declared
the meeting adjourned. The meeting was adjourned at 2:13 P. M.
Respect lllyyj- sub 'tte ,
l-
Kim E. Fuentes o2 /P-7/2025
Board Assistant
Included y Reference: iled ZBA Decisions (1)
C �.
lie Kanes`NVeisman, Chairperson /a� /2025
Approved for Filing and Adopted
RECEIVED
� 821
Southold Town Clerk