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Home My WebLink AboutZBA-07/19/2018 Special BOARD MEMBERS QF $®U Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 fey®�® 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. ® a� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®l�MUM Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 MINUTES SPECIAL MEETING THURSDAY JULY 19,2018 5:00 P.M. A Special Meeting of the SOUTHOLD TOWN ZONING BOARD OF APPEALS was held at the Southold Town Hall Annex, Second Floor Conference Room, 54375 Main Road at Youngs Avenue, Southold on Thursday, July 19, 2018 commencing at 5:00 P.M. Present were: Leslie Kanes Weisman, Chairperson Nick Planamento, Member Patricia Acampora, Member Robert Lehnert, Member Kim Fuentes, Zoning Board Assistant Call to Order at 5:08 P.M. by Chairperson Weisman. 5:22 p.m. Motion was offered by Chairperson Weisman, seconded by Member Acampora to enter into Executive Session for Attorney/Client advice. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0) Member Dantes absent. EXECUTIVE SESSION: 1. Attorney/Client advice. 2. Litigation 6:05 p.m. Motion was offered by Member Weisman, seconded by Member Planamento to exit Executive Session. Vote of the Board: Ayes: All. This Resolution was duly adopted(4-0). Member Dantes absent. Page 2—Minutes Special Meeting held July 19,'2018 Southold Town Zoning Board of Appeals WORK SESSION: a) Requests from Board Members for future agenda items. b) Review June 28, 2018 Letter re: R. Bradford Burnham, Appeal No. 4612 & 4632 and recorded covenants and restrictions, SCTM No. 1000-10-4-9.3. c) Board Training Dates in October 2018. d) Public Notice of site inspections on Fishers Island, August 8, 2018. POSSIBLE RESOLUTION TO CLOSE THE FOLLOWING HEARINGS: KENNETH RICHERT #7188 — 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: Motion was offered by Chairperson Weisman, seconded by Member Planamento to Close the hearing. Vote of the Board: Ayes: Members Weisman, Planamento, Lehnert (Members Dantes and Acampora Absent). This Resolution was duly adopted; (3-0). DELIBERATIONSMOSSIBLE 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: Review of relevant sections of the Southold Town Code. The Zoning Board of Appeals reviewed past and current definitions within the town code submitted by the applicant and researched by ZBA staff at the Board's request. Under the existing code, in addition to the definition of"DWELLING UNIT" in Section 280-4, pursuant to Article XVI Section 280-65, the Town Code has incorporated Density, Minimum Lot Size and Bulk Schedules into the code and pursuant to Section 280-66 conformity to those schedules is required. As specifically cited in 280 Attachment 3 Column vii governing the livable floor area for Hamlet Density Districts, listed minimum required floor area of 850 square feet is subject to Note 2. Note 2 grants an exception to the 850 square foot requirement stating specifically "Except one-bedroom or studio in multiple dwelling may have 600 square feet. Minimum floor area may be reduced up to 200 for moderate- and/or lower-cost dwellings." RESOLUTION OF THE BOARD: In considering all of the above factors motion was offered by Member Weisman (Chairperson) and seconded by Member Acampora, and duly carried,to DETERMINE THAT: 1. In response to the request contained in the April 10, 2018 memorandum, the Planning Board's utilization of the Density, Minimum Lot Size and Bulk Schedules in the Town Code as described above is consistent with the Zoning Code, and; Page 3—Minutes Special Meeting held July 19, 2018 Southold Town Zoning Board of Appeals 2. In response to the May 16, 2018 memorandum, the residential site plan known as Vineyard View, consisting of seven (7) multiple dwellings containing a total of 50 dwelling units, as applied for, is a permitted use in the HD Zoning District and all of the proposed dwelling units comply with Density, Minimum Lot Size and Bulk Schedules in the Town Code Vote of the Board: Ayes: Members Weisman(Chairperson),Acampora, and Planamento; Abstained: Member Lehnert(Member Dantes absent): This Resolution was duly adopted(3-1). OVERTURN THE BUILDING DEPARTMENT INSPECTOR AMENDED NOTICE OF DISAPPROVAL; AND GRANT RELIEF WITH CONDITIONS: Lauris G. L. Rall 47175 APPROVED AS APPLIED WITH CONDITIONS: Mark Volpe#7169 Justin and Elizabeth Mirro #7171 Stacia M. Rempe#7178 Michael Geraci #7173 APPROVED AS APPLIED Arthur and Gwen Pier#7167 John and Margaret Hochstrasser#7176 RELIEF DENIED Kenneth Richert#7188 Vote of the Board: Ayes: Members Weisman (Chairperson), Acampora, Planamento and Lehnert. This Resolution was duly adopted 4-0). Page 4—Minutes Special Meeting held July 19, 2018 Southold Town Zoning Board of Appeals RESOLUTIONS: A. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Acampora to authorize advertising of hearings for Regular Meeting to be held on August 2, 2018 which Regular Meeting will commence at 8:30 A.M., Town Meeting Hall, 53095 Main Road, Southold. Vote of the Board: Ayes: Members Weisman (Chairperson), Acampora, Planamento and Lehnert. This Resolution was duly adopted (4-0). B. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Planamento to approve minutes from July 5, 2018, Regular Meeting. Vote of the Board: Ayes: Members Weisman (Chairperson), Acampora, Planamento and Lehnert. This Resolution was duly adopted (4-0). C. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Acampora to accept the Stipulation of Settlement, regarding Appeal No. 7158, Lefkara Holdings, LLC, to grant variance as amended with conforming top of bluff setback for the proposed in-ground swimming pool and for 23% lot coverage as depicted in site plan, (Page SP-1)prepared by Marshall Paetzel, dated July 12, 2018. Vote of the Board: Ayes: Members Weisman (Chairperson), Acampora, Planamento: Abstain: Member Lehnert. (Member Dantes was Absent). This Resolution was duly adopted (3-1). There being no other business properly coming before the Board at this time, Chairperson Weisman declared the meeting adjourned. The meeting was adjourned at 7:24 P.M. Respe tfully s�bmi ed, Kim Fuentes g /2J2018 Included b Reference: Filed ZBA Decisions (9) RFCE(VE® AUG 0'. � outhold Town Clerl; Leslie Kanes Weisman, Chairperson 9 /k/2018 Approved for Filing Resolution Adopted