The URL can be used to link to this page

Home My WebLink AboutZBA-08/03/2017 BOARD MEMBERS rjF soar Southold Town Hall Leslie Kanes Weisman,Chairperson �� y� 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Patricia Acamporac Office Location: Eric Dantes cn �e Town Annex/First Floor,Capital One Bank Gerard P.Goehringer �Q 54375 Main Road(at Youngs Avenue) Nicholas Planamento ly0,0UNTYSouthold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1509-Fax(631)765-9064 MINUTES REGULAR,MEETING THURSDAY, AUGUST 3, 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 August 3, 2017 commencing at 8:30 A.M. Present were: Leslie Kanes Weisman, Chairperson/Member Patricia Acampora, Member Eric Dantes, Member Nicholas Planamento, Member William Duffy, Town Attorney (arrived 12 noon) Kim Fuentes, ZBA Secretary Absent: Gerard P. Goehringer, Member 8:35 A.M. Chairperson Weisman called the public hearings to order. 8.35 a.m. Motion was offered by Chairperson Weisman, seconded by Member Dantes to enter Executive Session for Attorney/Client advice.Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. EXECUTIVE SESSION: A. Attorney/Client advice. 9:15 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 (4-0). Member Goehringer was absent. 9:24 a.m. Chairperson Weisman called the meeting to order with the Pledge of Allegiance. Page 2—Minutes Regular Meeting held August 3, 2017 Southold Town Zoning Board of Appeals 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: Type II Actions (No further steps- setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests): Dimitrios Antoniadis#7068 Lou Pagnutti#7069 Despina Gianopulos Landers/Landers Family Trust, LLC#7072 Thomas Pileski#7073 Jennifer Place#7074 Serenity in Paradise#7077 John Heeg and Gia Fischetti Heeg#7075SE John Heeg and Gia Fischetti Heeg#7076 Sports East Private Membership Club—Paul Pawlowski#7091 Vote of the Board: All. This resolution was duly adopted (4-0). Member Goehringer was absent. DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: PATRICK AND DIANE SEVERSON #7062 - Request for Variances under Article III, Section 280-15F and Article XXII, Section 280-116A, and the Building Inspector's March 3, 2017, amended March 13, 2017 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling and to legalize an"as built" shed, at: 1) "as built" shed located less than the code required minimum front yard setback of 50 feet; 2) "as built" shed located less than the code required 100 feet from the top of the bluff; 3) additions to the single family dwelling located less than the code required 100 feet from the top of the bluff, at: 9202 Bridge Lane, (Add. to the Long Island Sound) Cutchogue, NY. SCTM#1000-73-2-3.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Member Acampora, seconded by Member Planamento, to grant in part with conditions and deny in part. Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Member Goehringer was absent. PUBLIC HEARINGS: The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 9:30 A.M. - DIMITRIOS ANTONIADIS#7068 by Patricia Moore,Agent and Brett Kehl, Design Professional. Request for a Variance under Article XXII, Section 280-116 and the Building Inspector's March 15, 2017, Notice of Disapproval based on an Page 3—Minutes Regular Meeting held August 3, 2017 Southold Town Zoning Board of Appeals application for a permit to construct additions and alterations to an existing single family dwelling, at: 1) located less than the code required 100 feet from the top of the bluff, at: 3300 North Sea Drive, (Adj. to Long Island Sound) Orient, NY. SCTM#1000- 15-1-4. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Acampora, to adjourn the public hearing to August 17, 2017.Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Member Goehringer was absent. (Please see below Motions to Enter Information into the Record, Rescind Adjournment and to Close Hearing, Reserve Decision) 9:40 A.M. LOU PAGNUTTI#7069 by Todd O'Connell, Agent. Request for Variances under Article XXIII, Section 280-124 and the Building Inspector's March 30, 2017, Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling, at: 1) located less than the code required minimum side yard setback of 15 feet; 2) located less than the code required total side yard setback of 35 feet; at: 57475 County Road 48, (Adj. to Long Island Sound) Greenport, NY. SCTM#1000-44-2-5. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Dantes, to close the hearing reserving decision subject to receipt of additional information from agent. Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Member Goehringer was absent. RESOLUTIONS A. Reminder Confirmation: Special Meeting Date for August 17, 2017 at 5:00 PM B. RESOLUTION ADOPTED:Motion was offered by Chairperson Weisman, seconded by Member Planamento to set the next Regular Meeting with Public Hearings to be held September 7, 2017 at 8:30 A.M. Vote of the Board: Ayes: All. This Resolution was duly adopted(4-0). Member Goehringer was absent. C. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Planamento to approve Minutes from Special Meeting held July 20, 2016. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: MOTION TO ENTER INFORMATION INTO RECORD: Motion was offered by Chairperson Weisman, seconded by Member Planamento to enter information into record re: DIMITRIOS ANTONIADIS#7068 submitted by Patricia Moore,Agent. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. MOTION TO RESCIND: Motion was offered by Chairperson Weisman, seconded by Member Planamento to rescind previous motion to adjourn public hearing for Page 4—Minutes Regular Meeting held August 3, 2017 Southold Town Zoning Board of Appeals DIMITRIOS ANTONIADIS#7068. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. MOTION TO CLOSE: Motion was offered by Chairperson Weisman, seconded by Member Planamento to close public hearing for DIMITRIOS ANTONIADIS #7068, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4- 0). Member Goehringer was absent. 1005 A.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento to take a short recess.Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 1018 A.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora to reconvene the Public Hearings. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 10:18 A.M. - DESPINA GIANOPULOS LANDERS/LANDERS FAMILY TRUST , LLC #7072 by Nigel Williamson, Agent. Request for Variances under Article XXII, Section 280-116B and Article XXIII, Section 280-124 and the Building Inspector's April 10, 2017, Amended June 9, 2017 Notice of Disapproval based on an application for a permit to construct additions and alterations and to legalize an "as built" deck addition 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 rear yard setback of 35 feet, 3) located less than the code required minimum side yard setback of 10 feet, 4) more than the code permitted maximum lot coverage of 20%; at: 5705 Stillwater Avenue, (Adjacent to Eugene's Creek) Cutchogue, NY. SCTM#1000- 137-4-4. COURT ARRAIGNMENT 10:39 A.M. BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Acampora, to recess for Court Arraignment.Vote of the Board: Ayes:All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 12:10 P.M. BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Acampora, to reconvene public hearings following Court Arraignment.Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Member Goehringer was absent. PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 12:10 P.M. —RECONVENE - DESPINA GIANOPULOS LANDERS/LANDERS FAMILY TRUST, LLC#7072 by Nigel Williamson, Agent. Request for Variances under Article XXII, Section 280-116B and Article XXIII, Section 280-124 and the Building Inspector's April 10, 2017,Amended June 9, 2017 Notice of Disapproval based on an application for a permit to construct additions and alterations and to Page 5—Minutes Regular Meeting held August 3, 2017 Southold Town Zoning Board of Appeals legalize an"as built" deck addition 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 rear yard setback of 35 feet, 3) located less than the code required minimum side yard setback of 10 feet, 4) more than the code permitted maximum lot coverage of 20%; at: 5705 Stillwater Avenue, (Adjacent to Eugene's Creek) Cutchogue, NY. SCTM#1000-137-4-4. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Acampora, to close the hearing reserving decision. Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 12:14 P.M. - THOMAS PILESKI#7073 by Thomas Pileski, owner. Request for a Variance under Article III, Section 280-15 and the Building Inspector's April 13, 2017 Notice of Disapproval based on an application for a permit to construct an accessory garage, at: 1) proposed accessory garage exceeding the code permitted maximum 750 square feet in total size; at: 1250 Elijahs Lane, Mattituck, NY. SCTM#1000-108-3-5.11. 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 (4-0).Member Goehringer was absent. 12:20 P.M. - JENNIFER PLACE#7074 by Jennifer Place, owner. Request for a Variance under Article XXIII, Section 280-124 and the Building Inspector's March 1, 2017, Amended March 17, 2017 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling, at: 1) located less than the code required minimum rear yard setback of 35 feet; at: 750 Liberty Lane, Southold, NY. SCTM#1000-79-6-27. 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 (4-0). Member Goehringer was absent. 12:25 P.M. - SERENITY IN PARADISE#7077 by Patricia Moore,Agent; Tom Fox, Designer and Ilias Theodoropoulos, owner. Request for Variances under Article III, Section 280-15;Article XXII, Section 280-116 A &B; and the Building Inspector's February 17, 2017, Amended April 3, 2017, April 20, 2017 and June 23, 2017 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling and to construct an in-ground swimming pool, at: 1) proposed accessory structure is located in other than the code required rear yard; 2) proposed construction located less than the code required 100 feet from the top of bluff; located; at: 4800 Paradise Point Road, Southold, NY. SCTM#1000-81-3-3. 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 to include research of variances granted for other swimming pools in the vicinity .Vote of the Board:Ayes:All. This Resolution was duly adopted (4- 0). Member Goehringer was absent. 12:55 P.M. - JOHN HEEL AND GIA FISCHETTI HEEG#7075SE by Joseph Fischetti, Agent.Applicants request a Special Exception under Article III, Section 280-13B(13). The Applicants are owners of subject property requesting a permit to make additions Page 6—Minutes Regular Meeting held August 3, 2017 Southold Town Zoning Board of Appeals and alterations to and convert an existing accessory barn into an Accessory Apartment that exceeds the maximum 750 sq. ft. in livable floor area and contains more than one permitted bathroom, at: 1945 Westphalia Road, Mattituck, NY. SCTM#1000-141-1-3. 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 adjourn the hearing to September 7, 2017 at 1:15 p.m. subject to recent of amended site plan re-oositioning outside stairs Vote of the Board:Ayes:All This Resolution was duly adopted (4-0). Member Goehringer was absent. 12:55 P.M. - JOHN HEEG AND GIA FISCHETTI HEEG#7076 by Joseph Fischetti, Agent. Request for Variances under Article III, Section 280-15, Article IV, Section 280- 19 and the Building Inspector's December 28, 2016, Amended January 3, 2017 Notice of Disapproval based on an application for a permit to make additions and alterations to and convert an existing accessory barn into an Accessory Apartment, at 1) located less than the code required minimum side yard setback of 15 feet; 2) proposed accessory structure exceeding the code permitted maximum 750 square feet in total size, at: 1945 Westphalia Road, Mattituck, NY. SCTM#1000-141-1-3. 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 adjourn the hearing to September 7, 2017 at 1:15 p.m. subject to receipt of amended site plan repositioning outside stairs.Vote of the Board: Ayes:AllThis Resolution was duly adopted (4-0). Member Goehringer was absent. 1:13 P.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 1:19 P.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes to reconvene the Public Hearings. Vote of the Board: Ayes: All. This Resolution was duly adopted(4-0) Member Goehringer was absent. PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 1:00 P.M.—SPORTS EAST PRIVATE MEMBERSHIP CLUB—PAUL PAWLOWSKI #7091 by Charles Cuddy,Agent and Paul Pawlowski, owner. In support: Maureen Brisotti;Joseph Townsend; Steve Marsh; Susan Toman;Joe Slovak, Chris Rehm; Jeffrey Diffley;Mindy Ryan; Fred Markham; Tina Finora;Joe Pfaff; Jim Fogarty; and George Lamarga. Opposed: Joy Ellinghaus; Julie Dooney; Linda Mule; Bruce Carlton; Peg Toner and Maria Schulken. Request for an interpretation, pursuant to Article XXVI, § 280-146D of the Town Code, in response to the Building Inspector's April 26, 2017 Notice of Disapproval that the proposed use, as applied for, is not a permitted use in the R-80 Zoning District pursuant to the Zoning Board of Appeals Code Interpretation#6976; located, at: 9300 NYS Route 25, Mattituck, NY. SCTM# 1000- 122-7-9. 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 adjourn the hearing to Page 7—Minutes Regular Meeting held August 3, 2017 Southold Town Zoning Board of Appeals August 17, 2017 for written comments.Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 2:32 p.m. Motion was offered by Member Dantes, seconded by Chairperson Weisman to enter Executive Session for Attorney/Client advice.Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. EXECUTIVE SESSION: B. Attorney/Client advice. 3:00 p.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 (4-0). Member Goehringer 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 3:00 P.M. Resp ctff ully u mrtted, C, Kim E. Fuentes /2017 Included by Reference: Filed ZBA Decisions (1) Eric L. Dantes, Vice Chair //Y/2017 RNE�IV Approved for Filing Resolution Adopted AUG 2620" VII Southold Town Clerk