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Home My WebLink AboutZBA-05/04/2017 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ®F SO Southold 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes ae Town Annex/First Floor,Capital One Bank Gerard P.Goehringer 54375 Main Road(at Youngs Avenue) Nicholas Planamento c®uf Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 MINUTES REGULAR MEETING THURSDAY, MAY 4, 2017 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, on Thursday May 4, 2017 commencing at 8:30 A.M. Present were: Leslie Kanes Weisman, Chairperson/Member Patricia Acampora, Member Eric Dantes, Member Gerard P. Goehringer, Member Nicholas Planamento, Member William Duffy, Town Attorney Kim Fuentes, ZBA Secretary 8:30 A.M. Chairperson Weisman called the public hearings to order. 8:32 a.m. Motion was offered by Chairperson Weisman, seconded by Member Goehringer to enter Executive Session for Attorney/Client advice.Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dantes was absent. EXECUTIVE SESSION: A. Attorney/Chent advice. 9:25 a.m. Motion was offered by Chairperson Weisman, seconded by Member Planamento to exit Executive Session.Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). STATE ENVIRONMENTAL QUALITY REVIEWS; A. BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Planamento, to declare the following Declarations with No Adverse Effect for the following projects as applied: Page 2—Minutes Regular Meeting held May 4, 2017 Southold Town Zoning Board of Appeals Type II Actions (No further steps- setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests): Bonnie and Stephen Stretz#7048 Arthur Picchione#7052 27a North LLC, Christopher Mohr#7047 Gary and Robin Ennis #7053 Sandra Pagano/27 Bay Ave., LLC #7057 Petros Kougentakis#7049SE Vote of the Board: All. This resolution was duly adopted (5-0). 9:29 a.m. Chairperson Weisman called the meeting to order with the Pledge of Allegiance. DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: TOWN OF SOUTHOLD PLANNING BOARD/ACKERMANN AGRICULTURAL BARN#7037 (Tabled from April 20, 2017) The Southold Town Planning Board has requested that the Southold Town Zoning Board of Appeals, pursuant to the Planning Board Memorandum dated December 2, 2016, provide an interpretation as to whether agricultural equipment storage for a vineyard management operation qualifies as a permitted agricultural storage use relative to a proposed building located on eight acres of lands on which development rights are owned by the Town, located at: 1350 Alvahs Lane, Cutchogue, NY. SCTM#1000-102-4-6.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, that the use as proposed by NFVS to erect a barn for the storage of equipment used in a business wherein NFVS manages vineyards unrelated to the agricultural operation on the subject property, is not an allowed use or accessory use, pursuant to Section 280- 13(a)(2) of the Town Code of the Town of Southold. Vote of the Board:Ayes:All. This Resolution was duly adopted (4-1). Member Acampora abstained. PUBLIC HEARINGS: The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 9:38 A.M. - SUZANNE S. COLEMAN#6688 (Add. from February 20, 2014) by Patricia Moore, Agent and Kevin Coleman. Request for Variances from Article III Code Section 280-15 and March 8, 2017 Notice of Disapproval based on an application for building permits for the construction of an "as built" in-ground swimming pool and to legalize an "as built" gazebo, at; 1) "as built" in-ground swimming pool in a location other than the code required rear yard, 2) "as built" gazebo in a location other than the code required rear yard, located at: No # Montauk Avenue, Fisher's Island, NY. SCTM#1000-9-2-15. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Dantes, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5- Page 3—Minutes Regular Meeting held May 4, 2017 Southold Town Zoning Board of Appeals 1005 A.M. - BONNIE AND STEPHEN STRETZ #7048 by Eileen Santora, Agent. Request for a Variance under Article XXIII, Section 280-124 and the Building Inspector's January 30, 2017 Notice of Disapproval based on an application for a permit to construct additions and alterations to a single family dwelling, at: 1) less than the code required minimum total combined side yard setback of 25 feet; at: 2975 Minnehaha Blvd, Southold, NY. SCTM#1000-87-3-33. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1010 A.M. ARTHUR PICCHIONE #7052 by Arthur Picchione, owner; Gail Wickham; Sean Courtney and Carol Courtney in opposition. Request for a Variance under Article XXIII, Section 280-124 and the Building Inspector's February 14, 2017 Notice of Disapproval based on an application for a permit to legalize an "as-built" deck addition to an existing single family dwelling, at: 1) less than the code required minimum rear yard setback of 50 feet; at: 830 Eastwood Drive, Cutchogue, NY. SCTM#1000-110-3-10. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Dantes, to close the hearing reserving decision subject to receipt of additional information from owner/applicant about prior variances in the subject neighborhood. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). 10:36 A.M. - ELIZABETH BRANCH#7010 — (Adjourned from March 2, 2017) Request for a Variance under Article III, Section 280-13C and the Building Inspector's September 19, 2016, Notice of Disapproval based on an application for a permit to demolish an existing accessory cottage and a building permit to construct a new accessory cottage with an expansion at: 1) the proposed construction is not a permitted accessory use, at: 5160 Indian Neck Lane (Add. to Hog Neck Bay, Little Peconic Bay), Peconic, NY. SCTM#1000-98-4-23. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to adjourn the hearing to August 3, 2017 at 1:30 pm. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). COURT ARRAIGNMENT 10:44 A.M. BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Planamento, to recess for Court Arraignment. Vote of the Board: Ayes:All. This Resolution was duly adopted (5-0). 11:37 A.M. BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to reconvene public hearings following Court Arraignment. Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). Page 4—Minutes Regular Meeting held May 4, 2017 Southold Town Zoning Board of Appeals PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 1137 A.M. - 27A NORTH LLC, CHRISTOPHER MOHR #7047 by Richard Lark, Agent. Request for a Variance under Article XV, Section 280-64A and the Building Inspector's January 30, 2017 Notice of Disapproval based on an application for a permit to legalize an "as built" shed addition and conversion of shed to office space, at: 1) located less than the code required 100 feet from the right of way; at: 22155 County Route 48, Cutchogue, NY. SCTM#1000-96-1-20.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:50 A.M. - GARY AND ROBIN ENNIS #7053 by Robin Ennis, owner. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's February 7, 2017 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; at: 2450 Jackson Street (AKA 265 Second Street), New Suffolk, NY. SCTM#1000-117-10-21. BOARD 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 hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:55 A.M. - SANDRA PAGANO/27 BAY AVE., LLC #7057 by Sandra Pagano, owner; Beverly Netter and Catherine Natale in opposition. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's January 18, 2017 Notice of Disapproval based on an application for a permit to legalize "as built" additions and alterations to an existing single family dwelling, at: 1) less than the code required minimum side yard setback of 10 feet; at: 7185 Great Pecomc Bay Boulevard, Laurel, NY. SCTM#1000-126-10-12.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 12:06 P.M. - PETROS KOUGENTAKIS #7049SE by Patricia Moore, Agent; Petros Kougentakis, owner; Sharon Kuehn and James O'Hagen in opposition. Applicants request a Special Exception under Article III Section 280-13B(14). The Applicant is the owner requesting authorization to establish an Accessory Bed and Breakfast, accessory and incidental to the residential occupancy in this single-family dwelling, with four (4) bedrooms for lodging and serving of breakfast to the Bed and Breakfast casual, transient roomers. Located at: 590 Windward Road, Orient, NY. SCTM#1000-14-2- 30.5. BOARD 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 the hearing reserving decision. Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). Page 5—Minutes Regular Meeting held May 4, 2017 Southold Town Zoning Board of Appeals 1:00 P.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). 1:30 P.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer to reconvene the Public Hearings. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 1:30 P.M. - CROTEAUX VINEYARDS#7013 (Adjourned from April 6, 2017) by Martin Finnegin, Agent; Michael Croteau, owner; Danielle Turturo, Attorney and Matilde Busana in opposition. Request for Variance(s) under Article III, Section 280-13A(4) and the Building Inspector's October 7, 2016, Amended November 2, 2016 Notice of Disapproval to legalize an"as built" winery and tasting room, at: 1) winery and tasting room facilities located on a parcel less than the code required minimum of at least 10 acres devoted to vineyard or other agricultural purposes, located at: 1450 South Harbor Road, Southold, NY. SCTM#1000-75-7-1.4. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to adjourn the hearing to May 18, 2017. Vote of the Board:Ayes: All. This Resolution was duly adopted (4-0).Member Planamento recused himself. 2:15 P.M. - MATTEBELLA VINEYARDS #7041 (Adjourned from April 20, 2017) by Gail Wickham, Agent and Christine Tobin, owner. Request for Variances under Article III, Section 280-14 and Section 280-15, and the Building Inspector's November 16, 2016, Amended January 27, 2017 Notice of Disapproval based on an application for permits to legalize seven (7) "as built" residential and agricultural related buildings, and to allow both residential and winery uses upon a 134,246 sq. ft. developable portion of a parcel at: 1) building nos. 3, 4, 5, 6, 9 and 14 are located less than the code required side yard minimum setback of 20 feet; 2) building no. 14 is located less than the rear yard minimum setback of 75 feet; 3) residential accessory structure, building no. 2, located less the code required side yard minimum setback of 25 feet; 4) residential and winery uses upon a single parcel less than the minimum allowed 160,000 sq. ft. in total area, at: 46005 Main Road, Southold NY. SCTM#1000-75-2-15.1 & 15.2. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). RESOLUTIONS A. Reminder Confirmation: Special Meeting Date for May 18, 2017 at 5:00 PM B. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Page 6—Minutes Regular Meeting held May 4, 2017 Southold Town Zoning Board of Appeals Member Goehringer to set the next Regular Meeting with Public Hearings to be held June 1, 2017 at 8:30 A.M. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). C. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Goehringer to approve Minutes from Special Meeting held April 20, 2017. Vote of the Board: Ayes: All. 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 2:47 P.M. Respectfully s bmi ed, Kim FuentesS /181/2017 Included by Reference: Filed ZBA Decisions (1) 67�- val"I� Eric Dantes, Vice Chair 5 / f8 /2017 Approved for Filing Resolution Adopted RECEI ED AnV MAY 2 2 201 S uthold Town Clerk