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HomeMy WebLinkAboutZBA-09/04/2025 �OS�FF���Co Office Location Telephone (631) 765-1809 Town Annex/First Floor 0 54375 Main Road http://southoldtownnygo_vCO2 z Southold,NY 11971 %bo-y MailingAddress P.O. Bx 1179 �l Southold,NY 11971-0959 MINUTES REGULAR MEETING THURSDAY, SEPTEMBER 4, 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, September 4,2025 commencing at 9:00 A.M. Present were: Nicholas Planamento,Vice Chair Kim Fuentes, Board Assistant Patricia Acampora, Member Elizabeth Sakarellos, Senior Office Assistant Robert Lehnert, Member Donna Westermann, Office Assistant Margaret Steinbugler, Member Julie McGivney,Assistant Town Attorney 9:06 A.M. Vice Chair Planamento called the meeting to order. Vote of the Board: Ayes: Members Planamento, Lehnert, Acampora, and Steinbugler. This Resolution was duly adopted (4-0) (Chairperson Weisman absent). I. EXECUTIVE SESSION: Began at 9:01 A.M. 9:01 A.M. -A Motion was offered by Vice Chair Planamento, seconded by Member Acampora to enter into Executive Session in order to receive Attorney Advice. Vote of the Board: Vote of the Board: Ayes: Members Planamento, Lehnert, Acampora, and Steinbugler. This Resolution was duly adopted 4-0 . 10:13 A.M. - Motion was offered by Vice Chair Planamento, seconded by Member Lehnert to exit the Executive Session. Vote of the Board: Vote of the Board: Ayes: Members Planamento, Lehnert, Acampora, and Steinbugler. Adopted(4-0). II. WORK SESSION: 1. Requests from Board Members for future agenda items. 2. Requests for extensions and de minimus approvals. 3. The Board discussed the upcoming Land Use Training Conference hosted by Hofstra University, Breslin Center to be held on September 26, 2025. September 4,2025 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: Maria Poubouridis, Trustee#8043 Maria Poubouridis, Trustee#8034 Anthony J. and Joanne Colletta#8033 Cinchsure LLC,Howard M. Boville, Member#8039 Yasmine Legendre and Corey Worcester#8036 William T. and Erica J. Whitmire#8037 Vote of the Board: Ayes: Members Planamento, Lehnert,Acampora, and Steinbugler. This Resolution was duly adopted(4-0,) (Chairperson Weisman Absent. 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: DENIED, GRANTED RELIEF AS AMENDED WITH CONDITIONS: Gary and Mary Napolitano#8022 Vote of the Board: Ayes: Members Acampora, Lehnert and Steinbugler. This Resolution was duly adopted(3-0) (Chairperson Weisman Absent, Member Planamento Recused). GRANTED RELIEF IN PART/DENY IN PART WITH CONDITIONS: Nicholas and Aspasia Rontiris#8026 Vote of the Board: Ayes: Members Planamento, Acampora, Lehnert and Steinbugler. This Resolution was duly adopted(4-0) (Chairperson Weisman Absent). DECISION TABLED: Vito Plaia#8030 Vote of the Board: Ayes: Members Planamento, Acampora, Lehnert and Steinbugler. This Resolution was dull adopted(4-0) (Chairperson Weisman Absent). September 4,2025 Zoning Board of Appeals MINUTES-Regular Meeting Page 3 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. 10:28 A.M.-QJSG PROPERTIES,LLC-#8032—By Charles Cuddy,Attorney and Chad Galant,Owner. Request for Variances from Article III, Section 280-13C; Article III, Section 280-15; and the Building Inspector's April 28, 2025 Notice of Disapproval based on an application for a permit to construct an accessory artist studio structure; at 1) located in area other than the code required rear yard; 2) the proposed use in the accessory building is not a permitted accessory use; located at: 38015 Route 25, Orient,NY. SCTM No. 1000-15-2-15.7. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, a motion was offered by Vice Chair Planamento, seconded by Member Steinbugler to Close Hearing and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted. (4-0) (Chairperson Weisman Absent. 10:39 A.M. - MARIA POUBOURIDIS, TRUSTEE #8043 —By Charles Cuddy, Attorney and Anthony Portillo, Representative. Request for an Interpretation of Article III, Section 280-13A and Building Inspector's April 10, 2025 Notice of Disapproval based on an application for a permit to demolish (as per Town Code definition)and reconstruct an existing cottage; at 1) determine the Town Code definition of demolition as it pertains to non-permitted reconstruction of a cottage; located at: 2720 Sigsbee Road, Mattituck,NY. SCTM No. 1000-126-5-13. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, a motion was offered by Vice Chair Planamento, seconded by Member Steinbugler to Close Hearing and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted. (4-0) (Chairperson Weisman Absent. 10:39 A.M. - MARIA POUBOURIDIS, TRUSTEE #8034 - By Charles Cuddy, Attorney and Anthony Portillo, Representative. Request for Reversal of the Building Inspector's April 10, 2025 Notice of Disapproval based on an application for a permit to demolish (as per Town Code definition) and reconstruct an existing cottage; at 1) cottage not a permitted use; located at: 2720 Sigsbee Road, Mattituck,NY. SCTM No. 1000-126-5-13. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, a motion was offered by Vice Chair Planamento,seconded by Member Acampora to Adjourn Hearing Without a Date. Vote of the Board: Ayes: All. This Resolution was dull adopted. (470) (Chairperson Weisman Absent. 11:27 A.M. - ANTHONY J. AND JOANNE COLLETTA - #8033 —By Patricia Moore, Attorney and Anthony Colletta, Owner. Request for Variances from Article XXIII, Section 280-124; Article XXXVI, Section 280-207A(b); and the Building Inspector's May 28, 2025 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 40 feet;2)gross floor area exceeding permitted maximum square footage for lot containing up to 40,000 square feet in area; located at: 1657 Meadow Beach Lane, (Adj.to Halls Creek)Mattituck,NY. SCTM No. 1000-116-4-15. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, a motion was offered by Vice Chair Planamento,seconded by Member Steinbugler to Close Hearing and Reserve Decision. Vote of the Board:Ayes:All. This Resolution was duly adopted. (4-0)(Chairperson Weisman Absent. September 4,2025 Zoning Board of Appeals MINUTES-Regular Meeting Page 4 11:58 A.M. - CINCHSURE LLC, HOWARD M. BOVILLE, MEMBER #8039 — By Patricia Moore, Attorney. Request for Variances from Article III, Section 280-15; Article XXII, Section 280-104C(1); and the Building Inspector's May 13, 2025 Notice of Disapproval based on an application fora permit to legalize "as built" accessory pergola, shed and patio; at 1) both "as built" shed and pergola are less than the code required minimum side yard setback of 15 feet; 2) "as built" patio is projected less than four feet of a property line;located at: 1025 Great Peconic Bay Blvd,Laurel,NY. SCTM No. 1000-129- 1-5.2. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, a motion was offered by Vice Chair Planamento, seconded by Member Lehnert to Close Hearing and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted. (4-0) (Chairperson Weisman Absent. 12:30 P.M. Motion was offered by Vice Chair Planamento, seconded by Member Acampora to take a Lunch Break. Vote of the Board: Ayes: All. This Resolution was duly adopted(4-0) (Chairperson Weisman Absent). 1:23 P.M. Motion was offered by Vice Chair Planamento, seconded by Member Lehnert to Reconvene the public hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0) (Chairperson Weisman Absent). PUBLIC HEARINGS CONTINUED: 1:24 P.M. - YASMINE LEGENDRE AND COREY WORCESTER #8036 — By Lisa Poyer, Representative. Request for a Variance from Article III, Section 280-15; and the Building Inspector's May 21, 2025 Notice of Disapproval based on an application for a permit to construct a two story garage accessory to an existing single family dwelling; 1) located in other than the code permitted rear yard; located at: 4355 Aldrich Lane Ext., (Adj. to the Long Island Sound) Mattituck, NY. SCTM No. 1000- 112-1-13. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, a motion was offered by Vice Chair Planamento, seconded by Member Steinbugler to Close Hearing subject to receipt of addition information. Vote of the Board: Ayes All. This Resolution was duly adopted. 4-0) (Chairperson Weisman Absent). 1:34 P.M. -WILLIAM T. AND ERICA J. WHITMIRE#8037—By Traci Rivera Renna, Representative and Erica Whitmire, Owner. Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector's May 30, 2025 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling and to legalize"as built"accessory shed; at 1)proposed construction is less than the code required minimum rear yard setback of 50 feet; 2) "as built" shed is less than the code required minimum rear yard setback of 10 feet; located at: 960 Marratooka Road, Mattituck, NY. SCTM No. 1000-115-9-8.1. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, a motion was offered by Vice Chair Planamento, seconded by Member Steinbugler to Close Hearing subject to receipt of addition information. Vote of the Board: Ayes: All. This Resolution was duly adopted. (4-0) (Chairperson Weisman Absent). September 4,2025 Zoning Board of Appeals MINUTES-Regular Meeting Page 5 1:48 P.M. - 705 CR 48, LLC, ULSTER FARMS, LLC #8009SE — (Adjourned from August 7, 2025) Request for Special Exception pursuant to Article IX, Code Section 280 -41B(2) of the Southold Town Code, and the Building Inspectors February 14, 2025 Notice of Disapproval,to allow and construct two buildings to be used for contractor businesses; located at 705 County Road 48, Mattituck, NY. SCTM#1000-113-12-13. RESOLUTION: (Prior to the Public Hearing,this matter was Adjourned pending receipt of Planning Board comments) A motion was offered by Vice Chair Planamento, seconded by Member Steinbugler to Adjourn the Hearing to October 2, 2025. Vote of the Board: Ayes: All. This Resolution was duly adopted. (4-0 .. VI. RESOLUTIONS: 3:12 PM a) RESOLUTION ADOPTED: A Motion was offered by Vice Chair Planamento, seconded by Member Lehnert to authorize advertising of hearings for the Regular Meeting to be held on Thursday, October 2, 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: Chairperson Planamento,Lehnert, Acampora and Steinbugler. This Resolution was duly adopted 4-0) b) RESOLUTION ADOPTED: A Motion was offered by Vice Chair Planamento seconded by Member Acampora, to approve minutes from the Special Meeting held August 21, 2025. Vote of the Board: Ayes: Chairperson Planamento, Lehnert,Acampora and Steinbugler. This Resolution was duly adopted(4-0) There being no other business properly coming before the Board at this time,the Chairperson declared the meeting adjourned. The meeting was adjourned at 1:58 P. M. Respectfully ubmitted, Kim E. Fuentes / 19 /2025 Board Assistant rde d by efer n : Filed ZBA Decisions (2) RECEIVED Nicholas J. Pl ento, Vice Chair /1 /2025 1"1' "--`` Approved for Filing and Adopted SE 19 26 Southold Town Clerk