HomeMy WebLinkAboutZBA-04/03/2025 pG Office Location
W-1 Town Annex/First Floor
Telephone (631) 765-1809 c 54375 Main Road
http://southoldtownnygov CA Southold,NY 11971
Mailing Address
Gy a P.O. Box 1179
Southold,NY 11971-0959
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MINUTES
REGULAR MEETING
THURSDAY, APRIL 3, 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,April 3, 2025 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, Member Julie McGivney, Assistant Town Attorney
Patricia Acampora
Margaret Steinbugler, Member
9:01 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 9:01 A.M.
9:01 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: Vote of the Board:
Ayes: Members Weisman(Chairperson), Planamento, Lehnert, Acampora, and Steinbugler. This
Resolution was duly adopted(5-0).
9:59 A.M. -Motion was offered by Chairperson Weisman, seconded by Member Planamento 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.
April 3,2025 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
apartmentibed 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:
Joseph Charles Casarona Trust#7995
Rainer Gross#7993
Philip Loria#7498
Crab Cove, LLC#7998
Christopher and Sofija Shashkin#7999
Hugh Benedict McBride and Leah Elizabeth Volk#8000
Peter and Donna Ruttura#8002
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:
DENY AND GRANT ALTERNATE RELIEF WITH CONDITIONS:
Gal and Noga Ohayon#7982
Vote of the Board: Ayes: Members Weisman(Chairperson), Lehnert, Planamento Acampora, and
Steinbugler. This Resolution was duly adopted(5-0)
DENY AND GRANT ALTERNATE RELIEF AS AMENDED WITH CONDITIONS
Fishers Island Community Center#7986
Vote of the Board: Ayes: Members Weisman(Chairperson), Lehnert, Planamento Acampora, 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.
10:11 A.M. - JOSEPH CHARLES CASARONA TRUST#7995 —By Rob Herrmann, Representative.
Request for Variances from Article XXII, Section 280-116A(1); Article XXIII, Section 280-124;
April 3,2025 Zoning Board of Appeals
MINUTES-Regular Meeting
Page 3
Article XXXVI, Section 280-207A(b); and the Building Inspector's October 15, 2024,Amended
November 14, 2024,Notice of Disapproval based on an application for a permit to construct a new
single family dwelling and an accessory in-ground swimming pool; at 1) less than the code required
minimum front yard setback of 40 feet; 2) located less than the code required 100 feet from the top of
the bluff; 3) gross floor area exceeding permitted maximum square footage for lot containing up to
20,000 square feet in area; located at: 55 Glen Court, (Adj. to the Long Island Sound) Cutchogue.
SCTM No. 1000-83-1-36.1. 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 opted. (5-0).
10:49 A.M. RAINER GROSS #7993 —By Eligio Lopez, Representative. Request for a Variance from
Article XXIII, Section 280-121 and the Building Inspector's October 23, 2024 Notice of Disapproval
based on an application for a permit to legalize "as built" alterations to an existing commercial
building; at 1) a non-conforming use building shall not be enlarged, altered, extended, reconstructed, or
restored or placed on different portion of the lot or parcel of land occupied by such use; located at:
35315 Route 25, Cutchogue,NY. 'SCTM No. 1000-97-1-14. 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).
11:00 A.M. - PHILIP LORIA#7498—(Adjourned October 6, 2022 and Amended) By Karen Hoeg,
Attorney and Phil Loria, Owner. Opposition from George Kruk, Lynn Krug, Dave Kramer, Linda
Auriemma, Barbara Solo, and Arlene Castelano. Support from Colleen Loria and Alan Dinizio.
Request for Variances from Article XII, Section 280-18; Article XIII, Section 280-56; and the Building
Inspector's February 5, 2021, Amended November 22, 2024 Notice of Disapproval based on an
application for a permit to construct a single family dwelling on a pile foundation; at 1) located less
than the code required front yard setback of 35 feet; 2) located less than the code required rear yard
setback of 35 feet; located at: 1090 First Street, (Adj. to Cutchogue Harbor)New Suffolk,NY. SCTM
No. 1000-117-7-31. 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 an amended application. Vote of
the Board: Ayes: All. This Resolution was duly adopted. (5-0).
11:57 A.M. - CRAB COVE, LLC#7998—By Sam Fitzgerald, Representative. Request for a Variance
from Article III, Section 280-14 and the Building Inspector's December 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 rear yard setback of 85 feet; located at: 12060 East
Main Road, (Adj. to the Chocomont Cove) Fishers Island, NY. SCTM No. 1000-3-2-4.3.
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 CLOSE HEARING AND RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution
was duly adopted. (5-0).
12:03 P.M. - CHRISTOPHER AND SOFIJA SHASHKIN#7999—By Zackery Nicholson,
Representative and Chris Shashkin, Owner. Request for Variances from Article XXIII, Section 280-
April 3,2025 Zoning Board of Appeals
MINUTES-Regular Meeting
Page 4
124; Article XXXVI, Section 280-207; Article XXXVI, Section 280-208 and the Building Inspector's
November 15, 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 front
yard setback of 35 feet; 2) less than the code required minimum side yard setback of 10 feet; 3) less
than the code required minimum combined side yard of 25 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; 6) the construction exceeds the permitted sky plane as
defined in Article I, Section 280-4 of the Town Code; located at: 1105 Captain Kidd Drive, Mattituck,
NY. SCTM No. 1000-106-5-12. 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 PUBLIC HEARING TO JUNE 5, 2025.
Vote of the Board: Ayes: All. This Resolution was duly adopted. (5-0).
12:30 P.M. - HUGH BENEDICT MCBRIDE AND LEAH ELIZABETH VOLK#8000—By Martin
Finnegan, Attorney. Request for a Variance from Article XXIII, Section 280-124; and the Building
Inspector's October 28, 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 front yard setback of 35 feet; located at: 1180 Navy Street, Orient,NY. SCTM No. 1000-25-
4-4. 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).
12:35 P.M. - PETER AND DONNA RUTTURA#8002—By Fred Weber, Representative. Request for
a Variance from Article XXII, Section 280-116A(1) 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 less than the code required 100 feet from the top of the bluff; located at:
900 Sound Drive, (adj to Long Island Sound) Greenport,NY. SCTM No. 1,000-33-4-4.
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).
12:45 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 (5-0).
1:35 P.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento to
Reconvene the public hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
PUBLIC HEARINGS CONTINUED:
1:37 P.M. -NORTH ROAD HOTEL, LLC, HOTEL MORAINE#7927SE—By Daniel Pennessi,
Owner. Adjourned from January 9, 2025) Request for a Special Exception pursuant to Article VII,
April 3,2025 Zoning Board of Appeals
MINUTES-Regular Meeting
Page 5
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.
1_:37 P.M. —NORTH ROAD HOTEL, LLC/MOTEL MORAINE #7953 — (Adj. from January 9, 2025)
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.
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 THE NORTH ROAD HOTEL HEARINGS AND RESERVE DECISION. 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 Lehnert to authorize advertising of hearings for the Regular Meeting to be held on
Thursday, May 1, 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)
(Member Acampora absent).
b) RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by
Member Acampora, to approve minutes from the Special Meeting held March 20, 2025. Vote
of the Board: Ayes: Member Weisman (Chairperson), Lehnert, Planamento, Acam ora and
Steinbugler. This Resolution was duly adopted 5-0) (Member Acampora absent).
c) RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by
Member Lehnert to Grant a One Year extension,to ##7267 of April 25, 2029, Fishers Island
Fire District, Crescent Avenue, Fishers Island, SCTM No. 1000-9-2-4.1. The extension to
expire on April 25, 2026. This is the fourth and final extension. Vote of the Board: Ayes:
Member Weisman (Chairperson), Planamento, Acampora, Lehnert and Steinbugler. This
Resolution was duly adopted (5-0).
d) RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by
Member Acampora to Reopen the hearing of#7891, Stephane Segouin, 310 the Strand, East
Marion, SCTM No. 1000-21-5-5 in order to AMEND the decision. Vote of the Board: Ayes:
Member Weisman(Chairperson), Planamento,Acampora, Lehnert and Steinbugler. This
Resolution was duly adopted (5-0).
April 3,2025 Zoning Board of Appeals
MINUTES-Regular Meeting
Page 6
e) RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by
Member Acampora to AMEND #7891, Stephane Segouin, 310 the Strand,East Marion, SCTM
No. 1000-21-5-5 to make a correction and add language to the decision to read, "a swimming
pool located no less than 80 feet setback from the top of the bluff'. 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 2:04 P. M.
Respe tfully su i ,
Kim E. Fuentes 1 //7/2025
Board Assistant
Included by Reference: Filed ZBA Decisions (2)
Qslie Kan s Weisman, Chairperson �//7/2025
Approved for Filing and Adopted
RECEIVED
APR 2 3 2025
out old Town Clerk