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Home My WebLink AboutZBA-10/02/2025 �gVFFUZ/, Office Location Telephone (631) 765-1809 ea, Town Annex/First Floor htt ://southoldtownn . ov �� y 54375 Main Road p — Southold,NY 11971 W Mailing Address 0-11$ • P.O. Box 1179 Southold,NY 11971-0959 MINUTES REGULAR MEETING THURSDAY, OCTOBER 2, 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, October 2,2025 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 Paul DeChance, Town Attorney J 9:05 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 9:05 A.M. 9:05 A.M. -A Motion was offered by Vice Chair Planamento, 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 Planamento, Lehnert,Acampora, and Steinbugler. This Resolution was duly adopted (4-0) 10:30 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). There was a delay in starting the Work Session because the Justice Court scheduled an Arraignment at 10:00 A.M. II. WORK SESSION: 1. Requests from Board Members for future agenda items. 2. Requests for extensions and de minimus approvals. 3. The Vice Chair announced the adjournment without a date of Strong's West Mill, LLC#8027. October 2,2025 Zoning Board of Appeals MINUTES-Regular Meeting Page 2 4. The Vice Chair announce_d the adjournment of 705 CR 48, LLC, Ulster Farms, LLC#8009SE to November 6, 2025 III. STATE ENVIRONMENTAL QUALITY REVIEWS; New Applications: RESOLUTION declaring applications that are setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests as Type 1I Actions and not subject to environmental review pursuant to State Environmental Quality Review(SEQR) 6 NYCRR, Part 617.5 (c) including the following: Donald H. Laskey, III -#8040SE Scott and Gerarda Boger-#8058 1460 The Strand, LLC, Demetrios and Vasillia Zioza, Members-#8042 Randolf J. Polyn/Andrea and Angelo Provvisiero -#8044 William Todd Jeffcoat and Stephanie Desiree Visceglia-#8046 - " Andrew Brooks-#8045 Gregory White -#8047 Vote of the Board: Ayes: Members Planamento, Lehnert, Acampora, and Steinbugler. This Resolution was duly adopted(4-0) (Chairperson Weisman Absent). 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: DECISION TABLED: QJSG Properties, LLC#8032 Vote of the Board: Ayes: Members Planamento, Acampora, Lehnert and Steinbugler. This Resolution was duly adopted (4-0)(Chairperson.Weisman Absent 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. 10:38 A.M. - DONALD H. LASKEY, III - #8040SE — By Donald Laskey, Owner. Applicant requests 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: 855 Horton Avenue,Mattituck, NY. SCTM#1000-141-1-24.I. 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 Close Hearing subject to receipt of additional information. Vote of the Board:Ayes:All.This Resolution was duly adopted. (4-0)Chairperson Weisman Absent). October 2,2025 Zoning Board of Appeals MINUTES-Regular Meeting Page 3 10:48 A.M.—SCOTT AND GERARDA BOGER- #8058—By Nigel Williamson, Representative and Scott Boger, Owner. Request for a Variance from Article XXIII, Section 280-124; Article XXXVI, Section 207; Article XXIII, Section 280-124 and the Building Inspector's August 10, 2025 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: 130 Sunset Lane, Greenport,NY. SCTM No. 1000-33- 4-69. 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 Close Hearing subject to receipt of additional information. Vote of the Board:Ayes:All.This Resolution was duly adopted. 4-0) (Chairperson Weisman Absent). 10:58 A.M. - 1460 THE STRAND, LLC, DEMETRIOS AND VASILLIA ZIOZA, MEMBERS - #8042 By Patricia Moore, Attorney. Request for Variances from Article XXII, Section 280-116A(1) and the Building Inspector's June 18,2025 Notice of Disapproval based on an application for a permit to construct a swimming pool attached to an existing single family dwelling and to legalize three (3) as built accessory decks; at: 1) swimming pool located less than the code required 100 feet from the top of the bluff; 2)three accessory decks seaward of the top of the bluff; located at: 1460 the Strand, (Adj. to Long Island Sound) East Marion,NY. SCTM No. 1000-30-2-66. 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 Adjourn the Public Hearing to January 8, 2026. (The ZBA wishes to refer the applicant to the Board of Trustees.) Vote of the Board: Ayes: All. This Resolution was duly adopted. (4-0) (Chairperson Weisman Absent) 11:51 A.M. - RANDOLF J. POLYN / ANDREA AND ANGELO PROVVISIERO #8044 — By Martin Finnegan, Attorney and Angelo Provvisiero, Owner. Request for a Waiver of Merger petition under Article II, Section 280-10A, to unmerge land identified as SCTM No. 1000-107-2-6 which has merged with SCTM No. 1000-107-2-5, based on the Building Inspector's May 1., 2025,Notice of Disapproval; which states that a non-conforming lot shall merge with an adjacent conforming or non-conforming lot held in common ownership with the first lot at any time after July 1, 1983 and that non-conforming lots shall merge until the total lot size conforms to the current bulk schedule requirements (minimum 40,000 sq. ft. in the R-40 Residential Zoning District); located at 2900 Grand Avenue and 3000 Grand Avenue, Mattituck,NY. SCTM Nos.1000-107-2-5 and 1000-107-2-6. 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 Adjourn the Hearing to the Special Meeting of October 16, 2025. Vote of the Board: Ayes: All. This Resolution was duly adopted. 4-0) (Chairperson Weisman Absent), 12:13 P.M. - WILLIAM TODD JEFFCOAT AND STEPHANIE DESIREE VISCEGLIA - #8046 — By Martin Finnegan, Attorney and William Todd Jeffcoat, Owner. Request for Variances from Article XXIII, Section 280-124;Article XXXVI, Section 207;Article XXXVI, Section 280-208 and the Building Inspector's April 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 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; 3)the construction exceeds the permitted sky plane as defined in Article I, Section 280-4 of the Town Code;located at: 50 Rochelle Place,Mattituck,NY. SCTM No. 1000-144-5-1. 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 Adjourn the Public Hearing to January 8, 2026 Vote of the Board: Ayes: All. This Resolution was duly adopted. (4-0) (Chairperson Weisman Absent). October 2,2025 Zoning Board of Appeals MINUTES-Regular Meeting Page 4 12:42 P.M.—ANDREW BROOKS -#8045—By Zac Nicholson,Representative. Support by Xavier Fleming. Request for a Variance from Article IV, Section 280-18 and the Building Inspector's March 24, 2025, AMENDED May 29,2025 Notice of Disapproval based on an application for a permit to construct an addition to an existing single family dwelling; at: 1) located less than the code required minimum front yard setback of 50 feet; located at: 373 Broadwaters Road, Cutchogue, NY. SCTM No. 1000-104-12-6.3. 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 Close Hearing and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted. (4-0) (Chairperson Weisman Absent). 12:52 P.M. Motion was offered by Vice Chair Steinbugler, seconded by Member Acampora to take a Brief Break. Vote of the Board: Ayes: All. This Resolution was duly adopted(4-0) (Chairperson Weisman Absent). 1:01 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: 1:01 P.M. — GREGORY WHITE - #8047 — By Megan Carrick,Representative. Robert Rielly, Opposed. Request for Variances from Article IV, Section 280-18; Article XXXVI, Section 280-208; and the Building Inspector's May 14, 2025 Notice of Disapproval based on an application for a permit to construct first and second story additions to an existing single family dwelling; at: 1) located less than the code required minimum front yard setback of 35 feet; 2) located less than the code required minimum side yard setback of 10 feet; 3) located less than the code required minimum combined side yard setback of 25 feet; 4) the construction exceeds the permitted sky plane as defined in Article I, Section 280-4 of the Town Code located at: 550 Locust Lane, Southold, NY. SCTM No. 1000-62-3-31. 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 Close Hearing subject to receipt of additional information. Vote of the Board: Ayes:All. This Resolution was duly adopted. (4-0) (Chairperson Weisman Absent). i 1:17 P.M. - STRONG'S WEST MILL, LLC #8027 — (Adjourned from August 7, 2025) Request for an Interpretation under Chapter 280-Bulk Schedule for Business, Office and Industrial Districts; Article I, Section 280-4;Article XIII, Section 280-56,;and the Building Inspector's May 6,2025 Notice of Disapproval based on an application for a permit to construct a boat storage building; 1) Height of building as it relates to a boat storage building; located at: 3430 Mill Road, Mattituck, (Adj. to Mattituck Creek), NY. SCTM No. 1000-106-6-13.4. On August 7, the Board Adjourned this hearing to October 2,.2025. On September 18,2025,the Board voted to Adjourned the public hearing without a date. 1:17 P.M. - 705 CR 48, LLC, ULSTER FARMS, LLC #8009SE — (Adjourned from August 7, 2025 and September 4, 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 October 2,2025 Zoning Board of Appeals MINUTES-Regular Meeting Page 5 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 November 6, 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,November 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: 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 Steinbugler, to approve minutes from the Special Meeting held September 18, 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 1:18 P. M. Respectfully submitted, Kim E. Fuentes 112 /2025 Board Assistant lu y Reference: Filed ZBA Decisions(0) Nicho J. Planamento, Vice Chair !� /((Q /2025 RECEIVE® Approved for Filing and Adopted OCT_ 20 W Southold Town Clerk,_.