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Home My WebLink AboutZBA-05/03/2018 Town Hall Annex, 54375 NYS Route 25 ZONING BOARD OF APPEALS ® =� P.O.Box 1179 Leslie Kanes Weisman, Chairperson W Southold,New York 11971-0959 Fax(631)765-9064 Telephone(631)765-1809 MINUTES REGULAR MEETING THURSDAY, MAY 39 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 May 3, 2018 commencing at 8:30 A.M. Present were: Leslie Kanes Weisman, Chairperson Eric Dantes,Vice Chair Gerald Goehringer Nicholas Planamento Damon Hagan,Assistant Town Attorney Kim Fuentes,ZBA Secretary 8:38 A.M. Chairperson Weisman called the meeting to order. EXECUTIVE SESSION: 8:38 A.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer to enter into Executive Session. Vote of the Board: Ayes: All. This Resolution was duly adopted(4-0). (Member Acampora was absent) A. Attorney advice. 9:35 A.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer to exit Executive Session. Vote of the Board: Ayes: All. This Resolution was duly adopted(4-0). (Member Acampora was absent) WORK SESSION: 1. Requests from Board Members for future agenda items. 2. Town Code items; Accessory Apartments, Special Events Page 2-Minutes Regular Meeting held May 3, 2018 Southold Town Zoning Board of Appeals 10:02 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 (4--0-)-. 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): Timothy J. and Nancy Lee Hill #7155 Sara Lamm and Matthew Aselton #7156 Peter Patinella #7157 Lefkara Holdings LLC #7158 William and Lorraine Mcintosh #7159 Tou Patera Mou, LLC,Nick Moshouris #7160 Thomas Simon and Jeanne Shanahan #7161 Vote of the Board: All. This resolution was duly adopted (4-0). PUBLIC HEARINGS: The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 10:03 A.M. - KEVIN FOOTE #7127 — by Charles Cuddy, Esq., Jeffrey Butler, P.E., Representatives, and Kevin Foote, owner. (Adjourned from February 1, 2018) Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector's October 6, 2017 Notice of Disapproval based on an application for a building permit for additions and alterations to an existing single family dwelling, construction of an accessory garage, and construction of an accessory swimming pool; 1) additions and alterations to a single family dwelling located less than the code required minimum front yard setback of 35 feet, 2) proposed accessory garage located in other than the code required rear yard, 3)proposed accessory swimming pool located in other than the code required rear yard; located at: 780 Champlin Place, Greenport, NY. SCTM#1000-34.- 3-36.1. 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 hearing subject to receipt of revised plans showing the garage distance of ten feet from the side and rear property lines, etc. Vote of the Board: Ayes: All. This Resolution was duly adopted 4-0). (Member Acampora Page 3—Minutes Regular Meeting held May 3, 2018 Southold Town Zoning Board of Appeals was absent) 10:17 A.M. - TIMOTHY J. AND NANCY LEE HILL #7155 — by Bruce Anderson, representative. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's December 14, 2017 Notice of Disapproval based on an application for a building permit to legalize an "as built" deck addition and to construct additions and alterations to an existing single family dwelling; 1) more than the code permitted maximum lot coverage of 20%; located at: 360 Oak Avenue, Southold, NY. SCTM#1000- 77-2-2. 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 Adjourn the hearing to the Special Meeting on May 17, 2018. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Member Acampora was absent) 10:41 A.M. - 1505 BIRDSEYE ROAD, LLC, 7140 — by Michael Kimack, Attorney, and Carlos Zapata, owner. Opposed by Martin Finnegan, Robert Grover, Pamela Valentine, and John Josephson. (Adjourned from March 1, 2018) Request for Variances from Article IV, Section 280-18; Article XXII, Section 280-105; Article XXII, Section 280-116; and the Building Inspector's November 17 2017, Amended November 22, 2017 Notice of Disapproval based on an application for a building permit to construct a new single family dwelling and to erect deer fence at a height of 8 feet at; 1) proposed single family dwelling located less than the code required minimum front yard setback of 50 feet; 2) proposed dwelling located less than the code required 100 feet from the top of the bluff; 3) proposed deer fence more than the code required maximum four (4) feet in height when located in the front yard, located at: 1505 Birdseye Road, (Adj. to the Long Island Sound) Orient, NY. SCTM#1000 17-1-4. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Dantes, Close Hearing and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-Q). (Member Acampora was absent) 11:46 A.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer to adjourn for a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 11:56 A.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes to reconvene the public hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 11:56 A.M. - SARA LAMM AND MATTHEW ASELTON #7156 —by Michael Kimack, Attorney. Request for a Variance from Article III, Section 280-15 and the Building Inspector's December 20, 2017 Notice of Disapproval based on an application for a building permit to construct an accessory in-ground swimming pool; 1) located in other than the code required rear yard; located at: 1045 Orchard Street, Orient, NY. SCTM#1000-25-2-20.22. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered Page 4—Minutes Regular Meeting held May 3, 2018 Southold Town Zoning Board of Appeals by Chairperson Weisman, seconded by Member Goehringer to Close hearing subject to receipt of letter from Landmarks Preservation Committee and comparable variances in vicinity. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0).(Member Acampora was absent) ' 12:01 P.M. - PETER PATINELLA #7157 —by Michael Kimack, Attorney, Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's January 15, 2018 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 side yard setback of 10 feet; 2) more than the code permitted maximum lot coverage of 20%; located at: 440 South Lane (Adj. to Orient Harbor), East Marion,NY. SCTM#1000-38-6-12. 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 hearing subject to receipt of comparable variances in vicinity. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Member Acampora was absent) 12:13 A.M. - LEFKARA HOLDINGS LLC #7158 — by Michael Kimack, Attorney, and Neofitos Stefanides, Owner. Peggy Haralambous in opposition. Request for Variances from Article XXII, Section 280-116A, Article XXIII, Section 280-124, and the Building Inspector's January 16, 2018, Amended February 5, 2018 Notice of Disapproval based on an application for a building permit to construct additions and alterations to an existing single family dwelling and to construct new accessory structures; 1) less than the code required 100 feet from the top of the bluff; 2) more than the code permitted maximum lot coverage of 20%; located at: 1070 The Strand, (Adj. to the Long Island Sound) East Marion, NY. SCTM#1000-30-2-77. 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 hearing subject to receipt of an amended survey reducing-the length of pool and lot coverage. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0).(Member Acampora was absent 12:45 A.M. - WILLIAM AND LORRAINE MCINTOSH #7159 — by William McIntosh, owner. Request for a Variance from Article IV, Section 280-18, and the Building Inspector's November 30, 2017 Notice of Disapproval based on an application for a building permit to construct additions and alterations to an existing single family dwelling; 1) less than the code required minimum side yard setback of 15 feet; located at: 395 Holden Avenue Extension, Cutchogue, , NY. SCTM#1000-103-13-31. 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 Hearing and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Member Acampora was absent) Page 5—Minutes Regular Meeting held May 3, 2018 Southold Town Zoning Board of Appeals 12:49 P.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 (4-0). 1:16 P.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer to reconvene the public hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 1;16 P.M. - TOU PATERA MOU, LLC, NICK MOSHOURIS #7160 —by Patricia Moore, Attorney. Request for a Variance from Article XXIII, Section 280-124, and the Building Inspector's December 19, 2017 Notice of Disapproval based on an application for a building permit to legalize "as built" demolition and to construct additions to a single family dwelling; 1) less than the code required minimum front yard setback of 35 feet; located at: 295 Central Drive, Mattituck, NY. SCTM#1000-106-3-20. 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 Hearing and Reserve Decision. Vote of the Board: Aye All. This Resolution was duly adopted (4-0). (Member Acampora was absent) 1:23 P.M. - THOMAS SIMON AND JEANNE SHANAHAN #7161 - by Jason Peters, Representative. Request for a Variance from Article IIl, Section 280-15; Article IV, 280- 19; and the Building Inspector's December 4, 2017 Notice of Disapproval based on an application for a building permit to construct an in-ground swimming pool; 1) located in other than the code required rear yard; located at: 1375 Greenway East, Orient, NY. SCTM#1000-15-1-13. 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 Hearing and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Member Acampora was absent) 1:30 P.M. - STEPHANIE L. TEICHER #7138 — by Michael Kimack, Attorney. (Adjourned from April 5, 2018) 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 Peconio -Bay) Cutchogue, NY. SCTM#1000 111.45-8.2. 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 Hearing and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duladopted(4-0). (Member Acampora was absent) Page 6—Minutes Regular Meeting held May 3, 2018 Southold Town Zoning Board of Appeals V. RESOLUTIONS: RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Goehringer to set the next Regular Meeting with Public Hearings to be held June 7, 2018 at 8:30 AM. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Goehringer to approve Minutes from Special Meeting held April 19, 2018. Vote of the Board: Ayes: All. 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 1:45 P.M. Respe tfully s mitt , Kim Fuentes,5 /r7/2018 Include by Reference: Filed ZBA Decisions (0) slie Kanes Weisman, ChairpersonJG' /2018 MAY 2 1 2018 Approved for Filing Resolution Adopted &4i'ta40, 72OX. S thold Town Clerk