HomeMy WebLinkAboutZBA-04/05/2018 r
BOARD MEMBERS Southold Town Hall
Leslie Kanes Weisman,Chairperson 0� soyo53095 Main Road•P.O.Box 1179
!O Southold,NY 11971-0959
Patricia Acampora Office Location:
Eric Dantes N Town Annex/First Floor,Capital One Bank
Gerard P.Goehringer • �O� 54375 Main Road(at Youngs Avenue)
Nicholas Planamento �IiYCOU
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,APRIL 5,2018
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
April 5, 2018 commencing at 8:30 A.M.
Present were:
Leslie Kanes Weisman, Chairperson
Eric Dantes, Vice Chair
Gerald Goehringer
Patricia Acampora
Nicholas Planamento
William Duffy, Town Attorney
Kim Fuentes, ZBA Secretary
8:35 A.M. Chairperson Weisman called the meeting to order.
WORK SESSION:
1. Requests from Board Members for future agenda items.
2. Adding conditions on determinations granting relief for"As-Built" structures
3. To reopen Public Scoping Hearing for the Draft Environmental Impact
Statement of the Enclaves Hotel conducted on March 15, 2018 for the purpose
of accepting written comments, and to re-close the public hearing.
EXECUTIVE SESSION:
8:48 A.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento to
enter into Executive Session. Vote of the Board: Ayes: All. This Resolution was duly adopted
tLZ
A. Attorney advice.
Page 2—Minutes
Regular Meeting held April 5, 2018
Southold Town Zoning Board of Appeals
9:23 A.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora to exit
Executive Session. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
9:37 A.M. Chairperson Weisman called the public hearing to order with the Pledge of Allegiance.
Motion was offered by Chairperson Weisman seconded by Member Goehringer, to open the public
hearings section of the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted
(5.OZ
STATE ENVIRONMENTAL QUALITY REVIEWS;
BOARD RESOLUTION: Motion was offered by Chairperson Weisman seconded by
Member Goehringer, to declare the following applications as Type II Actions and not subject
to environmental review pursuant to State Environmental Quality Review (SEQR) 6
NYCRR, Part 617.5 (c)(3), 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):
53245 Main Road Corp. #7147
Elsie Tietjen #7149
Richard J. Flood#7150
Timothy and Georgia Quinn #7151
David Kilbride #7152
Douglas and Diane Robalino #7153
Ioannis Hirakis #7154
Vote of the Board: All. This resolution was duly adopted (5-0).
DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: The Board continued with
agenda items, and commenced deliberations on the following application. The original
determinations of each of the following applications as decided are filed with the Southold Town
Clerk:
GRANT THE REQUEST TO OVERTURN THE BUILD DEPARTMENT NOTICE
OF DISAPPROVAL; AND DENY THE APPLICANT'S FOR WAIVER OF MERGER
AS MOOT.
LeJon Enterprises, Inc., L. Hoeffner, Contract Vendee
Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0).
Page 3—Minutes
Regular Meeting held April 5, 2018
Southold Town Zoning Board of Appeals
PUBLIC HEARINGS: The following public hearings were held, with Chairperson Weisman
introducing each application and reading of the Legal Notice as published:
9:46 A.M. - 53245 MAIN ROAD CORP #7147 — By John Nicoletti, Applicant. Request for a
Variance from Article XXIII, Section 280-124 and the Building Inspector's November 22, 2017
Notice of Disapproval based on an application for a building permit to convert a pre-existing single
family dwelling to a commercial retail store and to construct a freestanding sign; at; 1) proposed
conversion will provide for two separate uses (pre-existing accessory cottage and a proposed retail
store) upon a single parcel measuring less than the minimum allowed 20,000 sq. ft. in area per
permitted use; located at: 53245 Main Road, Southold, NY. SCTM#1000-61-1-8.1. 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).
10:03 A.M. - IOANNIS HIRAKIS #7154 — By Ioannis Hirakis, Owner. Request for a Variance
from Article XXIII, Section 280-124 and the Building Inspector's November 13, 2017, Amended
December 22, 2017 Notice of Disapproval based on an application for a building permit to
construct additions and alterations to an existing single family dwelling; 1) located less than the
code required minimum rear yard setback of 35 feet; located at: 2100 Cox Neck Road, Mattituck,
NY. SCTM#1000-113-10-2. BOARD RESOLUTION: (Please see transcript of written statements
prepared under separate cover.) After receiving testimony, motion was offered by Chairperson
Weisman, seconded by Member Acampora, to Close the hearing reserving decision. Vote of the
Board: Ayes: All. This Resolution was duly adopted (5-0).
10:06 A.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes to adjourn
for a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
10:16 A.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora to
reconvene the public hearing. Vote of the Board: Ayes. All. This Resolution was duly adopted
10:16 A.M. - ELSIE TIETJEN #7149— By Mike Kimack, Representative. Request for a Variance
from Article XXIII, Section 280-124 and the Building Inspector's December 4, 2017 Notice of
Disapproval based on an application for a building permit to construct additions and alterations to
an existing single family dwelling; at; 1) less than the code required minimum rear yard setback of
50 feet; located at: 7625 Skunk Lane, Cutchogue, NY. SCTM#1000-104-4-27.2. 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).
Page 4—Minutes
Regular Meeting held April 5, 2018
Southold Town Zoning Board of Appeals
10:30 A.M. - RICHARD J. FLOOD #7150—by Nigel Williamson, Representative, Richard Flood,
Owner. Eileen McCarroll, opposed to swimming pool location. Request for Variances from
Article XXIII, Section 280-124, and the Building Inspector's December 27, 2017 Notice of
Disapproval based on an application for a building permit to construct a single family dwelling; 1)
located less than the code required minimum front yard setback of 40 feet; 2) located less than the
code required minimum rear yard setback of 50 feet; located at: 605 Eastwood Drive, Cutchogue,
NY. SCTM41000-110-3-21. BOARD RESOLUTION: (Please see transcript of written statements
prepared under separate cover.) After receiving testimony, motion was offered by Chairperson
Weisman, seconded by Member Goehringer, to Close the hearing reserving decision. Vote of the
Board: Ayes: All. This Resolution was duly adopted (5-0).
10:45 A.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes to adjourn
for a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
11:00 A.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora to
reconvene the public hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted
(5-01
11:00 A.M. - TIMOTHY AND GEORGIA QUINN 47151 — By Meryl Kramer, Representative.
Request for a Variance from Article XXIII, Section 280-116 and the Building Inspector's
December 5, 2017, Amended January 8, 2018 Notice of Disapproval based on an application for a
building 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; located at: 63165 County
Route 48, (Adj. to the Long Island Sound) Greenport, NY. SCTM#1000-40-1-14. 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 to Special Meeting on April 19, 2018. Vote of the Board: Ayes: All. This
Resolution was duly adopted 5-0).
11:15 A.M. - DAVID KILBRIDE #7152 — By Anthony Portillo, Representative, Dave Kilbride,
Owner, Carol Allison in support. Request for a Variance from Article XXIII, Section 280-15 and
the Building Inspector's December 26, 2017 Notice of Disapproval based on an application for a
building permit to demolish and reconstruct an existing accessory garage, at; 1) located less than
the code required minimum front yard setback of 40 feet; located at: 860 East Road, (Adj. to
Cutchogue Harbor) Cutchogue, NY. SCTM#1000-110-7-23. BOARD RESOLUTION: (Please see
transcript of written statements prepared under separate cover.) After receiving testimony, motion
was offered by Chairperson Weisman, seconded by Member Acampora, to Adjourn to Special
Meeting on April 19, 2018. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
11:36 A.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes to adjourn
for a Lunch Break. Vote of the Board: Ayes. All. This Resolution was duly adopted (5-0).
Page 5—Minutes
Regular Meeting held April 5, 2018
Southold Town Zoning Board of Appeals
1:00 P.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora to
reconvene the public hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted
5-0 .
1:00 P.M. - DOUGLAS AND DIANE ROBALINO #7153 — by James DeLuca, Representative,
Douglas Robalino, Applicant. Request for a Variance from Article XXIII, Section 280-124 and
the Building Inspector's November 13, 2017 Notice of Disapproval based on an application for a
building permit to construct additions and alterations to an existing single family dwelling; 1)
located less than the code required minimum front yard setback of 40 feet; located at: 1695 Bay
Avenue (Adj. to Marion Lake) East Marion, NY. SCTM#1000-31-9-21.1. BOARD
RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After
receiving testimony, motion was offered by Chairperson Weisman, seconded by Member
Acampora, to Close Reserve subject to additional information providing comparative properties
research. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
1:20 P.M. — STEPHANIE L. TEICHER #7138 — Request for Variances from Article XXII,
Section 280-116 A(1); Article XXIII, Section 280-124; and the Building Inspector's November 15,
2017, amended November 20, 2017 Notice of Disapproval based on an.application for a building
permit to legalize "as-built" additions to an existing single family dwelling; at; 1) located less than
the code required 100 feet from the top of the bluff, 2) less than the code required minimum rear
yard setback of 50 feet; located at: 6825 Nassau Point Road, (Adj. to Little Peconic Bay)
Cutchogue, NY SCTM#1000 111.-15-8.2. BOARD RESOLUTION: (Please see transcript of
written statements prepared under separate cover.) Per earlier request by applicant's representative,
Michael Kimack, a motion was offered by Chairperson Weisman, seconded by Member Dantes, to
Adjourn the public hearing to May 3, 2018 at 1:30 P.M.. Vote of the Board: Ayes: All. This
Resolution was duly adopted (5-0).
RESOLUTION ADOPTED: To reopen Public Scoping Hearing for the Draft Environmental
Impact Statement of the Enclaves Hotel conducted on March 15, 2018 for the purpose of
accepting written comments, and to re-close the public hearing. Vote of the Board: Ayes.
All. This Resolution was duly adopted (5-0).,
RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by
Member Acampora to set the next Regular Meeting with Public Hearings to be held April 5,
2018 at 8:30 AM. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0).
RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by
Member Acampora to approve Minutes from Special Meeting held February 15, 2018. Vote
of the Board: Ayes: All. This Resolution was duly adopted (5-0).
a
Page 6—Minutes
Regular Meeting held April 5, 2018
Southold Town Zoning Board of Appeals
There being no other business properly coming before the Board at this time, the
Chairperson declared the meeting adjourned. The meeting was adjourned at 1:22 P.M.
Respectfully submitted,
Kim Fuentes l / 11/2018
Included b Reference: Filed ZBA Decisions (1) RECEIVED
< J
A R 2 0 20 8
Leslie Kanes eisman, Chairperson /17/2018 Q.
&tutholdTown Clerk
Approved for Filing Resolution Adopted