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Home My WebLink AboutZBA-06/01/2017 BOARD MEMBERS ®� S®(/r Southold Town Hall �� Leslie Kanes Weisman,Chairperson y® 53095 Main Road•P.O.Box 1179 !O Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.Goehringer �® ® a® 54375 Main Road(at Youngs Avenue) Nicholas Planamento C®USouthold,NY 11971 9 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 MINUTES REGULAR MEETING THURSDAY, JUNE 1, 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 June 1, 2017 commencing at 8:30 A.M. Present were: Patricia Acampora, Member Eric Dantes, Member Gerard P. Goehringer, Member Nicholas Planamento, Member William Duffy, Town Attorney Kim Fuentes, ZBA Secretary Absent: Leslie Kanes Weisman, Chairperson/Member 8:30 A.M. Member Dantes called the public hearings to order. WORK SESSION: A. Requests from Board Members for future agenda items. B. Merger Law review on July 6, 2017. 9:25 a.m. Member Dantes called the meeting to order with the Pledge of Allegiance. STATE ENVIRONMENTAL QUALITY REVIEWS; A. BOARD RESOLUTION: Motion was offered by Member'Dantes, seconded by Member Goehringer, to declare the following Declarations with No Adverse Effect for the following projects as applied: Type II Actions (No further steps- setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests): Page 2—Minutes Regular Meeting held June 1, 2017 Southold Town Zoning Board of Appeals Carl Stepnowsky#7029 Carl Stepnowsky#7030SE Amy E. Reichard#7054 Roger and Eileen Panetta#7055 Leslie Black:FM and JM Peyser Living Trust#7056 Dan and Carla Messina#7061 Vote of the Board: All. This resolution was duly adopted (4-0). Chairperson Weisman was absent. POSSIBLE RESOLUTION TO CLOSE THE FOLLOWING HEARINGS: CROTEAUX VINEYARDS #7013 (Adjourned from May 18, 2017); neighbor Matilde complaint, traffic; buffer planting. 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 Member Dantes, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). Member Planamento recused himself. Chairperson Weisman was absent. DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: MATTEBELLA VINEYARDS #7041 — (Adjourned from May 18, 2017) 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 Board deliberations, motion was offered by Member Dantes, seconded by Member Goehringer, to adjourn the hearing to June 15, 2017. Vote of the Board: Ayes: All. This Resolution was duly adopted(4-0). Chairperson Weisman was absent. Page 3—Minutes Regular Meeting held June 1, 2017 Southold Town Zoning Board of Appeals PUBLIC HEARINGS: The following public hearings were held, with Member Dantes introducing each application and reading of the Legal Notice as published: 9:41 A.M. - CARL STEPNOWSKY #7029 by Carl Stepnowski, owner. Request for a Variance under Article III, Section 280-15 and the Building Inspector's October 5, 2016 Notice of Disapproval based on an application for a permit to legalize an"as built" deck addition to an existing accessory garage converted into an "as built" accessory apartment; at: 1) less than the code required minimum side yard setback of 10 feet; at: 500 Tucker Lane, Southold, NY. SCTM#1000-63-5-3. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Member Dantes, seconded by Member Goehringer, to close the hearing reserving decision subject to receipt of information relating to the Towns Affordable Housing Registry. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Chairperson Weisman was absent. 9:41 A.M. - CARL STEPNOWSKY #7030SE by Carl Stepnowski, owner; (heard in conjunction with #7029). Applicants request a Special Exception under Article III, Section 280-13B(13). The Applicant is owner of subject property requesting authorization to legalize an "as built" Accessory Apartment in an accessory structure, at: 500 Tucker Lane, Southold, NY. SCTM#1000-63-5-3. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Member Dantes, seconded by Member Goehringer, to close the hearing reserving decision subject to receipt of information relating to the Towns Affordable Housing Registry. Vote of the Board: Ayes: All. This Resolution was duly adopted(4-0). Chairperson Weisman was absent. 9:58 A.M. Motion was offered by Member Dantes, seconded by Member Goehringer to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (4- 0). Chairperson Weisman was absent. 1005 A.M. Motion was offered by Member Dantes, seconded by Member Planamento to reconvene the Public Hearings. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Chairperson Weisman was absent. PUBLIC HEARINGS (continued): The following public hearings were held, with Member Dantes introducing each application and reading of the Legal Notice as published: 10:05 A.M. - AMY E. REICHARD #7054 by Amy Reichard, owner; Mark Strazza, Design Professional and Chris Maucerio, Contractor. Request for a Variance under Article XXIII, Section 280-124 and the Building Inspector's January 13, 2017, Amended February 23, 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: 23650 NYS Route 25, Orient, NY. SCTM#1000-18-5-16.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Member Dantes, seconded by Member Acampora, to Page 4—Minutes Regular Meeting held June 1, 2017 Southold Town Zoning Board of Appeals adjourn the hearing to June 15. 2017 subject to receipt of research information from applicant re: possible registry in Town's Historic Preservation listings and front yard setback variances in neighborhood. Vote of the Board: Ayes: All. This Resolution was dull adopted (4-0). Chairperson Weisman was absent. 1025 A.M. - ROGER AND EILEEN PANETTA #7055 by Roger and Eileen Panetta, owners. Request for Variances under Article XXIII, Section 280-124 and the Building Inspector's January 13, 2017 Notice of Disapproval based on an application for a permit to construct a deck addition to an existing single family dwelling and to legalize an "as built" accessory gazebo; at: 1) proposed deck addition is less than the code required minimum rear yard setback of 50; 2) "as built" gazebo is located in other than the code required rear yard; at: 550 Greenway West, Orient, NY. SCTM#1000-15-1-19. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Member Dantes, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Chairperson Weisman was absent. 1038 A.M. - LESLIE BLACK: FM AND JM PEYSER LIVING TRUST #7056 by Bob Black, owner and Mike Kimack, Agent. Request for a Variance under Article XXIII, Section 280-124 and the Building Inspector's January 19, 2017 Notice of Disapproval based on an application for a permit to legalize an "as-built" second floor deck attached to a single family dwelling; at: 1) less than the code required minimum rear yard setback of 50 feet; at: 1420 Village Lane, Orient, NY. SCTM#1000-24-2-6.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Member Dantes, seconded by Member Planamento, to close the hearing reserving decision subject to receipt of research information from applicant re: other rear yard setback variances in neighborhood and receipt of Landmark Preservation Committee's decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Chairperson Weisman was absent. 1047 A.M. - DAN AND CARLA MESSINA#7061 by Joan Chambers, Agent. Request for a Variance under Article IV, Section 280-19 and the Building Inspector's March 3, 2017 Notice of Disapproval based on an application for a permit to legalize "as-built" additions and alteration to an existing accessory building (garage); at: 1) less than the code required minimum side yard setback of 5 feet; at: 835 Pequash Avenue, Cutchogue, NY. SCTM#1000-103-7-24. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Member Dantes, seconded by Member Planamento, to close the hearing reserving decision subject to receipt of research information from applicant re: other side yard setback variances in neighborhood; and an updated site plan showing existing arbors. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Chairperson Weisman was absent. Page 5–Minutes Regular Meeting held June 1, 2017 Southold Town Zoning Board of Appeals RESOLUTIONS A. Reminder Confirmation: Special Meeting Date for June 15, 2017 at 5:00 PM B. RESOLUTION ADOPTED: Motion was offered by Member Dantes, seconded by Member Goehringer to set the next Regular Meeting with Public Hearings to be held July 6, 2017 at 8:30 A.M. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Chairperson Weisman was absent. C. RESOLUTION ADOPTED:Motion was offered by Member Dantes, seconded by Member Goehringer to approve Minutes from Special Meeting held May 18, 2017. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Chairperson Weisman was absent. There being no other business properly coming before the Board at this time, the Chairperson declared the meeting adjourned. The meeting was adjourned at 1100 A.M. Respect ully su mitt d, **-il— . Kim Fuentes /1/2017 Included by Reference: Filed ZBA Decisions (0) a ` RECEIVED Eric Dantes, Member iv /15/2017 JUN 1 6a20��LQ Approved for Filing Resolution Adopted Ithold Town Clerk