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Home My WebLink AboutZBA-06/07/2018 OFFICE LOCATION: ®F S0 MAILING ADDRESS: Town Hall Annex ®�� /�®� P.O.Box 1179 54375 State Road Route 25 ® Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) Southold,NY CA Telephone: 631 765-1809 � a@ http://southoldtownuy.gov C®UNT`l,� ZONING BOARD OF APPEALS Town of Southold MINUTES REGULAR MEETING THURSDAY, JUNE 79 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 June 7,2018 commencing at 8:30 A.M. Present were: Leslie Kanes Weisman, Chairperson Eric Dantes,Vice Chair Nicholas Planamento Damon Hagan,Assistant Town Attorney Kim Fuentes,ZBA Secretary 8:3 8 A.M. Chairperson Weisman called the meeting to order. EXECUTIVE SESSION: 8.38 A.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora to enter into Executive Session. Vote of the Board: Ayes: All. This Resolution was duly adopted(4-0). A.Attorney advice. 9:39 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(4-0). WORK SESSION: a) Requests from Board Members for future agenda items. b) Request by the Southold Town Planning Board for Code interpretations regarding the density and minimum lot size bulk schedules for Residential Districts and to determine whether a proposed affordable housing project consisting of multiple dwellings is a permitted use in the Hamlet Density Residential District(HD) BOARD RESOLUTION: Mmotion was offered by Chairperson Weisman, seconded by Member Dantes to Table the matter until June 21, 2018. Vote of the Board: Ayes: All. This Page 2—Minutes Regular Meeting held June 7, 2018 Southold Town Zoning Board of Appeals Resolution was duly adopted (4-0). 9:46 A.M. Chairperson Weisman called the public hearing to order with the Pledge of Allegiance. Motion was offered by Chairperson Weisman seconded by Member Acampora, to open the public hearings section of the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted 4-0 1 STATE ENVIRONMENTAL QUALITY REVIEWS; BOARD RESOLUTION: Motion was offered by Chairperson Weisman seconded by Member Acampora, to declare the following applications as Type II Actions and not subject to environmental review pursuant to State Environmental Quality Review (SEAR) 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): Marilyn Daly, Est. of Robert Daly, Genevieve McGrath, Kevin McGrath#7134 Joseph P. Hoey, Jr. #7135 Christopher and Kristen Neimeth#7146 Neil T. McGoldrick and Amy McGoldrick #7148 Konstantine Drakopoulos and Katina Digenakis#7164 Susannah McDowell#7165 Chloem, LLC #7166 Tracy Weiss and Lee Kruter#7170 Evan and Lynn Lewis #7172 Southold Fire District#7179 Vote of the Board: All. This resolution was duly adopted (4-0). 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: DENY IN PART, GRANT IN PART: Stephanie L. Teicher#7138 DENY AS APPLIED FOR Lefkara Holdings, LLC #7158 Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Page 3—Minutes Regular Meeting held June 7, 2018 Southold Town Zoning Board of Appeals DECISIONS TABLED 1505 Birdseye Road, LLC #7140 Vote of the Board: Ayes: 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: 9:50 A.M. - MARILYN DALY, ESTATE OF ROBERT M. DALY, GENEVIEVE MCGRATH AND KEVIN B. MCGRATH #7134 — By Patricia Moore, Attorney, and David Daly, Applicant. Inquiries from Nina Niemark and Harold Niemark. Request for a Waiver of Merger petition under Article II, Section 280-10A, to unmerge land identified as SCTM No. 1000-66-1-13 which has merged with SCTM Nos. 1000-66-1-12 and 1000-66- 1-14, based on the Building Inspector's November 6, 2017 Notice of Disapproval, which states that a non-conforming lot shall merge with an adjacent conforming or non- conforming lot held in common ownership with the first lot at any time after July 1, 1983 and that non-conforming lots shall merge until the total lot size conforms to the current bulk schedule requirements (minimum 40,000 sq. ft. in the R-40 Residential Zoning District); located, at 50 Thomas Street, Southold, NY. SCTM Nos.1000-66-1-12, 1000-66- 1-13 & 1000-66-1-14. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Acampora, to Adjourn the hearing to the Special Meeting of June 21, 2018. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0. 9:57 A.M. - JOSEPH P. HOEY, JR. #7135— (This hearing was opened simultaneously with #7134) By Patricia Moore, Attorney, David Daly, Applicant. Inquiries from Nina Niemar and Harold Neimark. Request for a Waiver of Merger petition under Article II, Section 280-10A, to unmerge land identified as SCTM No. 1000-66-1-18 which has merged with SCTM Nos. 1000-66-1-15, 1000-66-1-17 and 1000-66-1-19, based on the Building Inspector's November 6, 2017 Notice of Disapproval, which states that a non- conforming lot shall merge with an adjacent conforming or non-conforming lot held in common ownership with the first lot at any time after July 1, 1983 and that non- conforming lots shall merge until the total lot size conforms to the current bulk schedule requirements (minimum 40,000 sq. ft. in the R-40 Residential Zoning District); located, at 125 Daly Lane, Southold, NY. SCTM Nos.1000-66-1-15, 1000-66-1-17, 1000-66-1-18 & 1000-66-1-19. 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 hearingto o the Special Meeting of June 21, 2018. Vote of the Board: Ayes: All. This Resolution was duly adopted 4-0Z Page 4—Minutes Regular Meeting held June 7, 2018 Southold Town Zoning Board of Appeals 10:56 A.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento to adjourn for a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 11:08 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 (4-0). 11:08 A.M. - CHRISTOPHER AND KRISTEN NEIMETH #7146 — By Patricia Moore, Attorney and Christopher Neimeth, 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 construct additions and alterations to an existing single family dwelling; at; 1) less than the code required minimum front yard setback of 35 feet; located at: 1700 Gin Lane (A.K.A. 1230 Waters Edge Way), Southold, NY. SCTM#1000-88-3-19. 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 and Reserve Decision Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 11:17 A.M. - NEIL T. MCGOLDRICK AND AMY MCGOLDRICK #7148 — By Patricia Moore, Attorney. Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124, and the Building Inspector's December 1, 2017, Amended February 7, 2018 Notice of Disapproval based on an application for a building permit to construct an addition to a nonconforming accessory garage, and to legalize an "as-built" deck addition and an "as-built" accessory arbor; 1) proposed accessory garage addition located in other than the code required rear yard; 2) "as-built" deck addition is located less than the code required minimum front yard setback of 60 feet; 3) "as-built" arbor is located less than the code required minimum front yard setback of 60 feet; located at: 1671 Meadow Beach Lane, (Adj. to the Hall's Creek and Great Peconic Bay) Mattituck, NY. SCTM#1000-116-4-16.4. 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 and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 11:33 A.M. - KONSTANTINE DRAKOPOULOS AND KATINA DIGENAKIS #7164 By Pat Moore, Attorney and Konstantine Drakopoulos, Applicant. Request for a Variance from Article III, Section 280-15 and the Building Inspector's January 23, 2018 Notice of Disapproval based on an application for a building permit to legalize an "as built" accessory above-grade patio surrounding an in-ground swimming pool; at; 1) less than the code required minimum rear yard setback of 15 feet; located at: 1005 Mill Road, Peconic, NY. SCTM#1000-74-2-11.2. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Dantes to Close the Hearing subject to Page 5—Minutes Regular Meeting held June 7, 2018 Southold Town Zoning Board of Appeals receipt of information relating to proposed drainage and drywell system . Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). (Member Planamento has recused 11:47 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 (310J 11:53 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 (4-0). 11:53 A.M. - SUSANNAH MCDOWELL #7165 — By Pat Moore and Christopher McDowell. Opposed by Charles Rodin and Barbara Rodin. Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's January 23, 2018 Notice of Disapproval based on an application for a building permit to construct additions and alteration to an existing single family dwelling; at; 1) less than the code required minimum front yard setback of 40 feet; 2) less than the code required minimum side yard setback of 15 feet; located at: 180 Strohson Road, (Adj. to Sheep Pen Channel/East Creek) Cutchogue, NY. SCTM#1000-103-10-17. 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 and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4- 91. 12:39 P.M. - CHLOEM, LLC #7166 (Southold Fish Market) — By Richard Lark, Attorney and Charles Manwaring, Applicant. Request for a Variance from Article XIII, Section 280-56 and the Building Inspector's February 13, 2018 Notice of Disapproval based on an application for a lot line modification to increase lot area of a non-conforming lot; at; 1) proposed lot measures less than the code required minimum lot area of 80,000 sq. ft.; located at: 64755 NYS Route 25 and 64175 NYS Route 25, Greenport, NY. SCTM#1000-56-4-22 & 1000-56-4-24. 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 and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted(4- 1:00 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). 1:22 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 (4-0). Page 6—Minutes Regular Meeting held June 7, 2018 Southold Town Zoning Board of Appeals 1:22 P.M. - TRACY WEISS AND LEE KRUTER #7170 — By Joe Read, Representative. Request for a Variance from Article XXII, Section 280-116 A(1) and the Building Inspector's January 16, 2018 Notice of Disapproval based on an application for a building permit to make 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: 9475 Nassau Point Road, Cutchogue, NY. SCTM#1000-119-1-1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento to Close the Hearing and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 1:27 P.M. - EVAN AND LYNN LEWIS #7172 —By Ethan Lewis, Owner. Opposed by Ellen McNeily. Request for a Variance from Article III, Section 280-15 and the Building Inspector's February 27, 2018, Amended March 20, 2018 Notice of Disapproval based on an application for a building permit to construct an accessory shed; at; 1) located in other than the code required rear yard; located at: 2395 Village Lane, Orient, NY. SCTM#1000- 26-1-12.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento to Adjourn the hearing to the Special Meeting of June 21, 2018. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 1:46 P.M. — SOUTHOLD FIRE DISTRICT #7179 — By William Glass, Attorney. Request for a Variance from Article X, Section 280-46 and the Building Inspector's April 2, 2018 Notice of Disapproval based on an application for a building permit to construct a storage building; at; 1) less than the code required minimum side yard setback of 10 feet; located at: 315 Boisseau Avenue & 55135 NYS Route 25, Southold, NY. SCTM# 1000- 62-1-19 & 1000-62-1-11.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Dantes to Close the Hearing and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 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). Page 7—Minutes Regular Meeting held June 7, 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 2:41 P.M. Respectfully submitted, C Kim Fuentes t9 /2%2018 Include by Reference: 'iled ZBA Decisions (2) Leslie Kanes Weisman, Chairperson / 2018 Approved for Filing Resolution Adopted REQJEIVED Ail1/� ?`Y/ Ju 2�20�� uthold Towyn Clerk