HomeMy WebLinkAboutZBA-03/06/2025 o suFFot�
�O CdG Office Location
Telephone (631) 765-1809 �� y Town Annex/First Floor
0 54375 Main Road
http://southoldtonmU.gov y a Southold,NY 11971
Mailing Address
Gy a P.O. Box 1179
1c Southold,NY 11971-0959
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MINUTES
REGULAR MEETING
THURSDAY, MARCH 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, March 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
Patricia Acampora Julie McGivney, Assistant Town Attorney
Margaret Steinbugler, Member
9:03 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 9:03 A.M.
9:03 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: Vote of the Board:
Ayes: Members Weisman(Chairperson), Planamento, Lehnert, Acampora, and Steinbugler. This
Resolution was duly adopted (5-0).
10:06 A.M. -Motion was offered by Chairperson Weisman, seconded by Member Steinbugler to exit
the Executive Session. Vote of the Board: Vote of the Board: Ayes: Members Weisman
(Chairperson), Planamento, Lehnert, Acampora, and Steinbugler. 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.
March 6,2025 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:
Fishers Island Community Center, Inc. #7986
8 Jan Court, LLC—#7988
Quail House,LLC#7989
Robert and Carolyn Melillo#7991
Philip Sicuro#8001
Mary Bogovich—#7994 -
Branko Jozic#7996
Hasday 2023 Family Trust/Craig Hasday, Trustee#7997
Vote of the Board: Ayes: Members Weisman(Chairperson), Planamento, Lehnert, Acampora, and
Steinbugler. This Resolution was duly adopted(5-0).
IV. POSSIBLE RESOLUTION TO CLOSE/ADJOURN THE FOLLOWING HEARINGS:
CARLA SCIARA AND LESTER HILBERT#7978—(Reopened and Adjourned from February 20,
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
Lehnert to CLOSE HEARING and RESERVE DECISION. Vote of the Board: Ayes: All. This
Resolution was duly adopted. (5-0)
GAL AND NOGA OHAYON#7982—(Adjourn from February 20, 2025) 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: A motion was offered by Chairperson Weisman, seconded by Member Steinbugler to
March 6,2025 Zoning Board of Appeals
MINUTES-Regular Meeting
Page 3
CLOSE HEARING SUBJECT TO receipt of additional information. Vote of the Board: Ayes: All.
This Resolution was duly adopted. (5-0)
JAMES CLOUS #7990—(Adjourn from February 20, 2025)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: A 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)
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:
GRANT RELIEF AS AMENDED WITH CONDITIONS:
Carla Sciara and Lester Helbert#7978
Vote of the Board: Ayes: Members Weisman(Chairperson), Lehnert, Planamento Acampora, and
Steinbugler. This Resolution was duly adopted(5-0)
DECISIONS TABLED:
Gal and Noga Ohayon#7985
James Clous#7990
Vote of the Board: Ayes: Members Weisman(Chairperson), Lehnert, Planamento Acampora, and
Steinbugler. This Resolution was duly adopted(5-0)
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.
10:18 A.M. -FISHERS ISLAND COMMUNITY CENTER, INC. #7986—By Sam Fitzgerald,
Representative. Request for Variances from Article III, Section 280-14; Article III, Section 280-15;
Article XXXVI, Section 280-208 and the Building Inspector's September 3, 2024 Notice of
Disapproval based on an application for a permit to remove an existing mobile home and to construct a
new single family dwelling; 1)parcel is less than the required 120,000 sq. ft. in area for each use,
proposed construction will have three uses; 2) located less than the code required minimum front yard
setback of 40 feet; 3) located less than the code required minimum rear yard setback of 50 feet; 4)the
construction exceeds the permitted sky plane as defined in Article I, Section 280-4 of the Town Code;
March 6,2025 Zoning Board of Appeals
MINUTES-Regular Meeting
Page 4
located at: Fox Lane, Fishers Island,NY. SCTM No. 1000-12-1-1.2. 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 ADJOURN HEARING to the
Special Meeting,March 20,2025. Vote of the Board: Ayes: All. This Resolution was duly adopted.
La
10:43 A.M. - 8 JAN COURT, LLC—#7988 —By Martin Finnegan, Attorney and John Gramlich,
Representative. Request for Variances from Article VII, Section 280-36 and the Building Inspector's
October 18, 2024 Notice of Disapproval based on an application for a permit to construct alterations to
an existing seasonal cottage and construct additions and alterations to an existing single family
dwelling, both located in the Coastal Erosion Hazard Area; at 1) dwelling located less than the code
required minimum front yard setback of 35 feet; 2)more than the code permitted maximum lot
coverage of 20%; 3) seasonal cottage is a nonconforming building containing a nonconforming use
which shall not be enlarged,reconstructed, structurally altered or moved, unless such building is
changed to a conforming use; located at: 58525 County Road 48, (Adj. to Long Island Sound)
Greenport,NY. SCTM No. 1000-44-2-17. 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. (5-01.
11:11 A.M. - QUAIL HOUSE, LLC 47989—By Martin Finnegan, Attorney. Request for a Variance
pursuant to Chapter 236; Section 236-13V and Chapter 275; and from the Building Inspector's October
11, 2024 Notice of Disapproval based on an application for a permit to demolish an existing single
family dwelling and porches and construct a new two-story single family dwelling; at; 1) no land
having a slope equal to or greater than 20% shall be developed or disturbed except for conservation
measures or measures intended to remove debris which inhibits the functioning of natural or engineered
drainage and erosion control measures except accessways to shorelines permitted by Chapter 275;
furthermore natural vegetation and topography shall be retain to stabilize soils and reduce the volume
of stormwater overflow; located at: 2477 Oriental Avenue, Fishers Island,NY. SCTM No. 1000-10-10-
6. 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).
11:21 A.M. -ROBERT AND CAROLYN MELILLO 47991 —By Leonardo Manno, Representative.
Request for a Variance from Article III, Section 280-15 and the Building Inspector's October 18, 2024
Notice of Disapproval based on an application for a permit to construct an accessory in-ground
swimming pool; at; 1) located in area other than the code required rear yard; located at: 1235 Wells
Road (Adj. to Richmond Creek), Peconic,NY. SCTM No. 1000-75-6-13.1. 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).
11:33 A.M.—PHILIP SICURO#8001 —By Jennifer DelVaglio, Representative. Request for a
Variance from Article III, Section 280-15 and the Building Inspector's January 21, 2025 Notice of
Disapproval based on an application for a permit to construct an accessory in-ground swimming pool;
at; 1) located in area other than the code required rear yard; located at: 490 Victoria Drive, Southold,
March 6,2025 Zoning Board of Appeals
MINUTES-Regular Meeting
Page 5
NY. SCTM No. 1000-78-9-71.3. 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).
11:34 A.M. - MARY BOGOVICH — #7994 — By Douglas Bogovich, Owner. Request for a Variance
from Article XXIII, Section 280-124 and the Building Inspector's July 30, 2024,Revised November 15,
2024, Notice of Disapproval based on an application for a permit to construct an accessory in-ground
swimming pool; at 1) more than the code permitted maximum lot coverage of 20%; located at: 720
Founders Path, Southold, NY. SCTM No. 1000-64-2-18. 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. (5-0).
11:43 A.M. —BRANKO JOZIC 47996—By Branko Jozic, Owner. Request for Variances from Article
XXIII, Section 280-124 and the Building Inspector's November 6,2024,Notice of Disapproval based on
an application for a permit to legalize "as-built" additions and alterations (inclusive of an"as-built" rear
deck addition)to an existing single family dwelling; at 1) less than the code required minimum side yard
setback of 10 feet;2)less than the code required minimum combined side yard setback of 25 feet;located
at: 12960 Main Road, East Marion, (Adj. to Gardiners Bay) East Marion,NY. SCTM No. 1000-31-14-
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. (5-0).
12:00 P.M. Motion was offered by Chairperson Weisman, seconded by Member Steinbugler to take a
Lunch Break and Adjourn for Justice Court Arraignment. Vote of the Board: Ayes: All. This
Resolution was duly adopted(5-0).
1:10 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).
1:10 P.M. — HASDAY 2023 FAMILY TRUST/CRAIG HASDAY, TRUSTEE #7997 — By Craig
Hasday, Owner. Request for a Variance from Article IV, Section 280-18 and the Building Inspector's
October 15, 2024,revised December 5, 2024 Notice of Disapproval based on an application for a permit
to legalize an "as-built" 9.9 ft. by 22 ft. deck addition attached to an existing'single family dwelling; at
1) less than the code required minimum side yard setback of 10 feet; located at: 200 MacDonalds
Crossing, (adj. to Peconic Bay) Laurel. SCTM No. 1000-145-4-16. 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).
March 6,2025 Zoning Board of Appeals
MINUTES-Regular Meeting
Page 6
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, April 3, 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 dopted(5-0)
(Member Acampora absent).
b) RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by
Member Steinbugler,to approve minutes from the Special Meeting held February 20, 2025.
Vote of the Board: Ayes: Member Weisman (Chairperson), Lehnert, Planamento, Acampora
and Steinbugler. This Resolution was duly adopted (5-0)Member Acampora absent).
c) RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by
Member Steinbugler to Grant a One Year extension,to#7364 of February 20, 2020, Panayiotis
Basios, 2505 Soundview Avenue, Mattituck, SCTM No. 1000-94-1-12.2. The extension from
February 20, 2025 to expire on February 20, 2026. This is the last and final extension. Vote
of the Board: Ayes: Member Weisman(Chairperson), Planamento, Acampora, Lehnert and
Steinbugler. This Resolution was duly dopted 5-0).
d) RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by
Member Lehnert to Grant an extension,to#7295 of July 18, 2019, Rachel Levin Murphy,
21695 Soundview Avenue Southold, SCTM No. 1000-135-1-7. The extension from this date
and shall expire on July 18, 2025. This is the last and final extension. Vote of the Board:
Ayes: Member Weisman (Chairperson), Planamento, Acampora, Lehnert and Steinbugler.
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 1:24 P. M.
Respect lly sub
Al
Kim E. Fuentes �3 /aj/2025
Board Assistant
Included by Reference: Filed ZBA Decisions (1)
RECEIVED
J. PAA
Leslie Kanes Weisman, Chairperson 3 /2025 'MAR 2 5 2025
Approved for Filing and Adopted
Pou"thold'down Clerk