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Home My WebLink AboutZBA-05/01/2025 Office Location Telephone (631) 765-1809 �.� Gym Town Annex/First Floor c 54375 Main Road http://southoldtownny.govCOD z Southold,NY 11971 p Mailing Address Off' P.O. Box 1179 Southold,NY 11971-0959 MINUTES REGULAR MEETING THURSDAY, MAY 1, 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, May 1, 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 Elizabeth Sakarellos, Senior Office Assistant Patricia Acampora Julie McGivney, Assistant Town Attorney Margaret Steinbugler, Member 9:09 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 9:09 A.M. 9:09 A.M. -A Motion was offered by Chairperson Weisman, seconded by Member Planamento 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 duladopted(5-0). 10:12 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 �Z II. WORK SESSION: 1. Requests from Board Members for future agenda items. 2. Requests for extensions and de minimus approvals. May 1,2025 Zoning Board of Appeals MINUTES-Regular Meeting Page 2 3. Regarding Richmond Creek Partmers, LLC#7970,the Board discussed their decision to Adjourn the public hearing to another date once an explanation of the submitted amended survey is received, and/or an amended application is received from the applicant's representative. 4. The Board discussed the Resolution to reopen the Public Hearing of Philip Loria#7498. 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: Carmela Lazio Revocable Trust/Carmela Lazio, as Trustee#8003 John J. and Theresa M. Murnane#8004 Alexander Lindh and Courtney Bancroft#8005SE Thomas Smith#8011 Kimberly Crumm#8006 Demetra Makris#8007 Pino Licul and Irena Licul, Trustees, Revoc Living.Trust#8008 Kevin Cierach#8010 Vote of the Board: Ayes: Members Weisman(Chairperson), Planamento, Lehnert, Acampora, and Steinbugler. 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. 10:18 A.M. - CARMELA LAZIO REVOCABLE TRUST/CARMELA LAZIO AS TRUSTEE#8003 — By Nigel Williamson, Representative. Request for Variances from Article XXIII, Section 280-124; Article XXXVI, Section 280-207; and the Building Inspector's January 24, 2025,Notice of Disapproval based on an application to demolish an existing dwelling and to construct a new single family dwelling; at 1) less than the code required minimum side yard setback of 10 feet; 2) gross floor area exceeding permitted maximum square footage for lot containing up to 20,000 square feet in area; located at: 250 Blue Marlin Drive, (Adj. to Shelter Island Sound) Greenport,NY. SCTM No. 1000-56- 7-21. 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 to the Special Meeting of May 15,2025. Vote of the Board: Ayes: All. This Resolution was duly adopted. (5-0). May 1,2025 Zoning Board of Appeals MINUTES-Regular Meeting Page 3 10:39 A.M. -JOHN J. AND THERESA M. MURNANE#8004—By Martin Finnegan, Attorney, and Theresa Murnane, Owner. Request for a Variance from Article III, Section 280-15; and the Building Inspector's January 14, 2025 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool; at 1) swimming pool located in other than the code permitted rear yard; located at: 125 Bow Road, Southold,NY. SCTM No. 1000-87-2-33. 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 AND RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted. (5-0). 10:46 A.M.—ALEXANDER LINDH AND COURTNEY BANCROFT#8005SE—By Alexander Lindh, Owner. Applicants request a Special Exception under Article III, Section 280-13B(13). The Applicant is owner of the subject property requesting authorization to legalize/establish an Accessory Apartment in an existing accessory structure; at: 2175 Pine Neck Road, Southold,NY. SCTM#1000- 70-5-48. 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). 10:58 A.M. — THOMAS SMITH #8011 — By Thomas Smith and Jennifer Smith, Owners. Opposition from Lucie Harris, Doug Hardy,Marjorie Stevens. Request for Variances from Article III, Section 280- 15; Article XXIII, Section 280-124 and the Building Inspector's February 24, 2025, AMENDED March 4, 2025, AMENDED March 13, 2025 Notice of Disapproval based on an application for a permit to legalize an"as built" demolition(as per Town Code definition) and reconstruct a single family dwelling complying with FEMA regulations; and to construct a second story addition to an existing accessory garage; and to construct an accessory pergola, an accessory outdoor shower and an accessory hot tub; at 1) single family dwelling located less than the code required minimum rear yard setback of 35 feet; 2) more than the code permitted maximum lot coverage of 20%; 3) second story addition to the accessory garage located in other than the code permitted rear yard; 4) accessory pergola pool located in other than the code permitted rear yard; 5) accessory outdoor shower located in other than the code permitted rear yard; 6) accessory hot tub located in other than the code permitted rear yard; located at 3121 Oaklawn Avenue, (adj. to Jockey Creek) Southold,NY. SCTM No. 1000-70-6-10. 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 THE HEARING UNTIL THE RECEIPT OF COMMENTS FROM THE BOARD OF TRUSTEES. Vote of the Board: Ayes: All. This Resolution was duly adopted. (5-0). 11:55 A.M. -KIMBERLY CRUMM#8006—By Dean Koutsountis, Robert Drucker, Dan Steigerwald, Representatives; Kimberly Crumm, Owner. Request for Variances from Article III, Section 280-15; Article XXII, Section 280-105A; and the Building Inspector's January 17, 2025, Amended February 6, 2025 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool with spa and an accessory cabana/pool house, and to construct a six(6) feet high fence in the front yard; at 1) accessory structures located in other than the code permitted rear yard; 2) proposed fence is more than the code required maximum 4 feet in height when located in the front yard; May 1,2025 Zoning Board of Appeals MINUTES-Regular Meeting Page 4 located at: 2965 Marratooka Road, Mattituck,NY. SCTM No. 1000-123-2-27. 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). 12:18 P.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento to take a Brief Break. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). 12:28 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: 12:28 P.M. - DEMETRA MAKRIS #8007—By Patricia Moore, Attorney and Nick Makris, Owner. Stella Lagudis in favor. Request for Variances from Article XXII, Section 280-116A(1); Article XXIII, Section 280-124; Article XXXVI, Section 207A(b) and.the Building Inspector's January 27, 2025, 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) less than the code required 100 feet from the top of the bluff; 2)more than the code permitted maximum lot coverage of 20%; 3) more than the code permitted maximum two stories; 4) gross floor area exceeding permitted maximum square footage for lot containing up to 20,000 square feet in area; located at: 910 The Strand, (Adj. to Long Island Sound) East Marion,NY. SCTM No. 1000-30-2-81. 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). 1:11 P.M. -PINO LICUL AND IRENA LICUL, TRUSTEES, REVOC LIVING TRUST#8008— Patricia Moore,Attorney and John Bracco, Representative. Request for Variances from Article XXIII, Section 280-124; Article XXXVI, Section 207A(b) and the Building Inspector's February 4, 2025, Notice of Disapproval based on an application for a permit to demolish an existing dwelling and an existing shed, and construct a new two story single family dwelling; at 1); construction located less than the code required minimum front yard setback of 40 feet; 2)more than the code permitted maximum lot coverage of 20%; 3) gross floor area exceeding permitted maximum square footage for lot containing up to 10,000 square feet in area; located at: 725 North Sea Drive, (Adj. to Long 'Island Sound) Southold,NY. SCTM No. 1000-54-4-9. 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 ADJOURN to the Special Meeting of May 15,2025. Vote of the Board: Ayes: All. This Resolution was duly adopted. 5-0). 1:53 P.M. -KEVIN CIERACH#8010—By Richard Lark, Attorney, and Beverly Cierach, Representative. Opposition from Athen Politeri, and Michael Schuch. Request for Variances from May 1,2025 Zoning Board of Appeals MINUTES-Regular Meeting Page 5 Article III, Section 280-15; Article IV, Section 280-18; and the Building Inspector's November 8, 2024, AMENDED December 23, 2024,Notice of Disapproval based on an application for a permit to legalize an"as built" single family dwelling, an"as built"accessory stucco building for storage use, and an"as built"accessory garage for storage use, only, at 1); dwelling located less than the code required minimum rear yard setback of 50 feet; 2) accessory stucco building for storage use located less than the code required minimum rear yard setback of 15 feet; 3)the accessory garage for storage use, located in an area other than the code required rear yard; located at 4500 Deep Hole Drive, Mattituck, SCTM No. 1000-115-17-3. 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). 2:44 P.M. -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. RESOLUTION: A motion was offered by Chairperson Weisman, seconded by Member Steinbugler to ADJOURN the Public Hearing subject to receipt of a Narrative describing the recently submitted amended survey. 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, June 5,2025 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 Acampora, to approve minutes from the Special Meeting held March 20, 2025. Vote of the Board: Ayes: Member Weisman(Chairperson), Lehnert, Planamento; Acampora and Steinbugler. This Resolution was duly adopted. c) RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by Member Lehnert,to Reopen the Public Hearing of Philip Loria#1498 for the sole purpose of accepting written comment for a period of five business days after receipt of the amended application consisting of architectural plans and site plan or survey, signed and stamped, to be received no later than May 15, 2025. Vote of the Board: Ayes: Member Weisman (Chairperson), Lehnert, Planamento, Acampora and Steinbugler. This Resolution was duly adopted. May 1,2025 Zoning Board of Appeals MINUTES-Regular Meeting Page 6 There being no other business properly coming before the Board at this time, the Chairperson declared the meeting adjourned. The meeting was adjourned at 2:52 P. M. Res ect 11, subm'tted, Kim E. uentes J /!G /2025 Board Assistant Included b Reference: Filed ZBA Decisions (0) Leslie Kanes Weisman, Chairperson // y' /2025 Approved for Filing and Adopted RECEIVED 4- fUs-a MAY 21 2025 Southold Town Clerk