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Home My WebLink AboutZBA-07/05/2018 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��®� S®��® 53095 Main Road•P.O.Box 1179 �® �® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Robert Lehnert,Jr. �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®I COU 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, JULY 59 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 July 5, 2018 commencing at 8:30 A.M. Present were: Leslie Kanes Weisman, Chairperson Eric Dantes,Vice Chair Nicholas Planamento Patricia Acampora Robert Lehnert William Duffy, Town Attorney Kim Fuentes,ZBA Secretary 8:41 A.M. Chairperson Weisman called the meeting to order. EXECUTIVE SESSION: 8:41 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(5-0). Attorney advice. 9:42 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). WORK SESSION: a) Requests from Board Members for future agenda items. b) Writing of Draft Decisions c) Documentary film"One Big Home"will be shown at the Cutchogue New Suffolk Free Library on July 11 at 6:00 p.m. Page 2—Minutes Regular Meeting held July 5, 2018 Southold Town Zoning Board of Appeals d) Members to attend Annual Town Meeting on Fishers Island on August 8,2018. e) Discuss 2018 Board Training including topics: Bluff Setback,FEMA Regulations. f) Adoption of Resolution for Special Events permits code change to be administered by the Town Board, 9:43 A.M. Chairperson Weisman called the public hearing to order with the Pledge of Allegiance. Motion was offered by Chairperson Weisman seconded by Member Planamento,to open the public hearings section of the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0 . STATE ENVIRONMENTAL OUALITY REVIEWS; BOARD RESOLUTION: Motion was offered by Chairperson Weisman seconded by Member Lehnert, 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): Arthur and Gwen Pier#7167 Margery Rifkin David and Reuben J. David#7168 Mark Volpe#7169 Justin and Elizabeth Mirro #7171 — Stacia M. Rempe #7178 Lauris G. L. Rall #7175 John and Margaret Hochstrasser#7176 Michael Geraci#7173 Brian Morrissey#7177 Kenneth Richert#7188 Vote of the Board: All. This resolution was duly adopted 5-0Z 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: INTERPRETATION REQUEST FROM THE SOUTHOLD TOWN PLANNING BOARD: Interpretations regarding the density and minimum lot size bulk schedules for Residential Districts (Chapter 280, Attachment 1 and 3) and to determine whether a proposed affordable housing project "Vineyard View" consisting of multiple dwellings (5'0 units) on 17.9 acres of land is a permitted use in the Hamlet Density Residential District (HD). Located on County Road 48, Greenport, SCTM No. 1000-40-3-1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) A motion was offered by Chairperson Weisman, seconded by Member Acampora, to TABLE the decision to the Special Meeting Page 3—Minutes Regular Meeting held July 5, 2018 Southold Town Zoning Board of Appeals of July 19, 2018. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). PUBLIC HEARINGS: The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 9:45 A.M. - ARTHUR AND GWEN PIER #7167 —By Bruce Anderson, Representative. Request for a Variance from Article XXIII, Section 280-124, and the Building Inspector's February 6, 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 minimum front yard setback of 40 feet; at: 25 East Side Avenue, Mattituck, NY. SCTM#1000-99-3-18. 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 (5-0). 9:53 A.M. - MARGERY RIFKIN DAVID AND REUBEN J. DAVID #7168 — By Patricia Moore, Attorney and Margery Rifkin David, Applicant. Request for a Variance from Article III, Section 280-13(A)(6)e, and the Building Inspector's February 13, 2018, Notice of Disapproval based on an application for a building permit to legalize an "as built" accessory apartment in an existing single family dwelling; at; 1) "as built" accessory apartment exceeds 40% of the livable floor area of the existing dwelling unit; at: 1130 Glenn Road, (Adj. to West Creek) Southold NY. SCTM41000-78-2-29. 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 Regular Meetingougust 2, 2018 at 1:30 p.m. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:12 A.M. - MARK VOLPE #7169 — Patricia Moore, Attorney and Jim Hines, Representative. Request for a Variance from Article XXIII, Section 280-124, and the Building Inspector's March 5, 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 minimum rear yard setback of 35 feet; at: 10896 Great Peconic Bay Boulevard, Laurel, NY. SCTM#1000-126-6-13. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento to Close the hearing and Reserve Decision Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:17 A.M. - JUSTIN AND ELIZABETH MIRRO #7171 — By Patricia Moore, Attorney, Tom Samuels, Design Professional, and neighbors Bob Sullivan, and Philip Palmieri in support. Request for a Variance from Article IV, Section 280-18 and the Building Inspector's February 26, 2018, Notice of Disapproval based on an application for a building permit to demolish and construct a new single family dwelling; at; 1) less than the code required minimum front yard setback of 50 feet; at: 2455 Nassau Point Road, (adj. to Hog Neck Bay/Little Peconic Bay) Cutchogue, NY. SCTM#1000-104-13-6. BOARD Page 4—Minutes Regular Meeting held July 5, 2018 Southold Town Zoning Board of Appeals RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to Close the hearing and Reserve Decision Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:34 A.M. - STACIA M. REMPE 97178 — By Patricia Moore, Attorney. Request for a Waiver of Merger petition under Article II, Section 280-10A, to unmerge land identified as SCTM No. 1000-53-6-39 which has merged with SCTM No. 1000-53-6-40, based on the Building Inspector's March 19, 2018 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 3080 Bayshore Road, Southold, NY. SCTM Nos.1000-53-6-39 and 1000-53-6-40. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to Close the hearing and Reserve Decision Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:51 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 (5-0). 11:05 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 (5-0). 11:05 A.M. - LAURIS G. L. RALL #7175 —By Michael Kimack, Attorney. Request for a Variance from Article IV, Section 280-18 and the Building Inspector's March 22, 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) less than the code required minimum rear yard setback of 50 feet; 2) less than the code required minimum side yard setback of 15 feet; at: 5400 Peconic Bay Boulevard (Adj. to Great Peconic Bay), Laurel, NY. SCTM#1000-128-2-12. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento to Close the hearing subject to receipt of letter from Mr. Kimack concerning neighbor's concerns relating to construction vehicles damaging the roadway, and an amended Notice of Disapproval correcting inaccuracies. Vote of the Board: Ayes: All. This Resolution was duly adopted f L_0-Z 11:17 A.M. - JOHN AND MARGARET HOCHSTRASSER #7176 — By Michael Kimack, Attorney. Request for a Variance from Article XXIII, Section 280-124 and the Page 5—Minutes Regular Meeting held July 5, 2018 Southold Town Zoning Board of Appeals Building Inspector's March 12, 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) less than the code required minimum side yard setback of 15 feet; at: 2855 Nassau Point Road, (adj. to Little Peconic Bay), Cutchogue,NY. SCTM#1000-104-13-9. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento to Close the hearing and Reserve Decision Vote of the Board: Ayes: All. This Resolution was duly adopted (L-0J. 11:25 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. 1:08 P.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 (5-0. 1:08 P.M. - MICHAEL GERACI #7173 — By Brook Epperson, Representative, and Michael Geraci, Applicant. Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's March 15, 2018, Amended March 20, 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) less than the code required minimum front yard setback of 40 feet; 2) less than the code required minimum rear yard setback of 50 feet; at: 525 Old Salt Road (adj. to James Creek), Mattituck, NY. SCTM#1000-144-5-17. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Acampora to Close the hearing and Reserve Decision Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:17 P.M. - BRIAN MORRISSEY#7177—By Brian Morrissey, Applicant/Owner, Bruce Wohlars, Contractor. Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector's January 26, 2018, Amended March 28, 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 legalize an existing 100 sq. ft. accessory shed; at; 1) accessory shed located less than the code required minimum rear yard setback of 10 feet; 2) additions to the single family dwelling less than the code required minimum side yard setback of 15 feet; at: 65 Corey Creek Lane, Southold, NY. SCTM#1000-78-4-30. 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 Regular Meetingof August 2 2018 at 1:35 p.m. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 6—Minutes Regular Meeting held July 5, 2018 Southold Town Zoning Board of Appeals 1:43 P.M. - KENNETH RICHERT #7188 — by Kenneth Richert, Applicant and Joseph Hofer, Interested Party/Purchaser. Request for a Variance from Article III, Section 280-14 and the Building Inspector's April 17, 2018,Notice of Disapproval based on an application for a lot line modification; at; 1) proposed lot measures less than the code required minimum lot area of 80,000 sq. ft.; located at: 25705 County Road 48, Cutchogue, NY. SCTM#1000-84-2-2.2 & 1000-84-2-2.3. 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 the Special Meeting of July 19 2018. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). V. RESOLUTIONS: RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Dantes to set the next Regular Meeting with Public Hearings to be held August 2, 2018 at 8:30 AM. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-01. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Dantes to approve Minutes from Special Meeting held June 21, 2018. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). There being no other business properly coming before the Board at this time, the Chairperson declared the meeting adjourned. The meeting was adjourned at 2:32 P.M. Respect lly subm tted, Kim E. Fuentes 7 / )1 /2018 Incl ed by Reference: Filed ZBA Decisions (0) — � RECEIVED lie KaneA Weisman, Chairperson �9/2018 JUL 2/3 2018 Approved for Filing Resolution Adopted cathoId Tobw-n Clerk