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Home My WebLink AboutZBA-08/02/2018 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��®F $®(,jyo 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. aQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento �CDU ® Southold,NY 11971 � NTY,�� http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 MINUTES REGULAR MEETING THURSDAY, AUGUST 2, 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 August 2, 2018 commencing at 8:30 A.M. Present were: Leslie Kanes Weisman, Chairperson Nicholas Planamento Patricia Acampora Robert Lehnert William Duffy, 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 Acampora to enter into Executive Session. Vote of the Board: Ayes: All. This Resolution was duly adopted 4-0) Member Dantes absent. a) Attorney advice b) Litigation 9:35 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). Member Dantes absent Page 2—Minutes Regular Meeting held August 2, 2018 Southold Town Zoning Board of Appeals WORK SESSION: a) Requests from Board Members for future agenda items. b) Correspondence from Patricia Moore, Esq. re: #7164 Drakopoulos c) De Minimus request—#7044 McCall d) De Minimus request- #7171 Mirro 9:42 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 . STATE ENVIRONMENTAL QUALITY 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): Lynn M.C. O'Neill, Trustee#7174 Frederick and Dale Stanley#7180 Elizabeth E. Macedonia and Theodore N. Papadopoulos#7182 Patricia C. Booth Revocable Trust#7183 Sigurdsson Baldur, LLC/Wade Guyton, Mgr. #7184 Mary Zupa/Paradise Point Association#7186 Virginia Gilmour/Robert White (Jesse Dorfman CV) #7185 Brian and Elizabeth Wilhelm (CV), #7187 Vote of the Board: All. This resolution was duly adopted (4-0). Announcement: Site inspections scheduled for Wednesday, August 8, 2018 on Fishers Island. Page 3—Minutes Regular Meeting held August 2, 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: 9:44 P.M. - LYNN M.C. O'NEILL, TRUSTEE #7174 — By Marc Anthony Munister, Architect. Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's March 23, 2018, Notice of Disapproval based on an application for a building permit to legalize as built additions and alterations, and to construct alterations (raise and move) to an existing single family dwelling; at; 1) less than the code required minimum side yard setback of 10 feet; 2) less than the code required minimum combined side yard setback of 25 feet; at: 205 Fisherman's Beach Road, (Adj. to Cutchogue Harbor), Cutchogue, NY. SCTM#1000-111-1-39. 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 (4-0) Member Dantes was absent. 9:51 P.M. - FREDERICK AND DALE STANLEY 97180 — By Fred Stanley. Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector's March 23, 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) additions to the dwelling located less than the code required minimum side yard setback of 15 feet; 2) existing accessory shed located in other than the code required rear yard; at: 2485 Bay Avenue (Adj. to James Creek), Mattituck, NY. SCTM#1000-144-4-6. 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) Member Dantes was absent. 9:58 A.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora to adjourn for a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted 4-0). 10:15 A.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento to reconvene the public hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted (4.0h 10:15 A.M. - ELIZABETH E. MACEDONIA AND THEODORE N. PAPADOPOULOS #7182 — By Shawn Leonard, Architect and Elizabeth Macedonia. Request for Variances from Article III, Section 280-13; Article III, Section 280-15; and the Building Inspector's April 10, 2018, Notice of Disapproval based on an application for a building permit to construct an accessory in- ground swimming pool and the conversion of an accessory building to pool house; at; 1) more than the code permitted one dwelling on each lot; pool house by design constitutes as a second dwelling; 2) proposed in-ground swimming pool located in other than the code required rear yard; 3) proposed pool house located in other than the code required rear yard; at: 4175 Old Jule Lane, Mattituck, NY. SCTM#1000-122-5-13.3. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Acampora to Adjourn the hearingto o September 6, Page 4—Minutes Regular Meeting held August 2, 2018 Southold Town Zoning Board of Appeals 2018 Regular Meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0) Member Dantes was absent. 10:35 A.M. - PATRICIA C. BOOTH REVOCABLE TRUST #7183 — By Anthony Palumbo, Tracy Palumbo, and Edward Booth. Anita Busby, Nancy Conlon and Gail Murphy opposed, with Iris Welcome in support. Request for a Waiver of Merger petition under Article II, Section 280- 10A, to unmerge land identified as SCTM No. 1000-67-4-16 which has merged with SCTM No. 1000-67-4-9, based on the Building Inspector's April 11, 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 265 Burtis Place, Peconic, NY. SCTM Nos.1000-67-4-9 and 1000-67-4-16. 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 matter to the August 16, 2018 Special Meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dantes was absent. 11:08 A.M. - SIGURDSSON BALDUR, LLC,/WADE GUYTON, MGR. #7184 — By Bruce Anderson, Representative, and Neil Logan, Architect. Request for Variances under Article III, Section 280-15; Article XXII, Section 280-116A; and the Building Inspector's January 16, 2018, Amended February 27, 2018 and March 5, 2018 Notice of Disapproval based on an application to demolish an existing single family dwelling and construct a new single family dwelling and in- ground swimming pool; at: 1) proposed dwelling located less than the code required 100 feet from the top of the bluff, 2) proposed swimming pool located in other than the code required rear yard; located, at: 1800 Hyatt Road, (Adj. to Long Island Sound) Southold , NY. SCTM41000-50-1-4. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento to Adjourn the matter to the August 16, 2018 Special Meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dantes was absent. 11:15 A.M. - MARY ZUPA/PARADISE POINT ASSOCIATION 97186 —By Bruce Anderson, Representative and Victor Zupa, Applicant. Request for a Variance under Article III, Section 280- 14 and the Building Inspector's April 3, 2018, Amended April 16, 2018 Notice of Disapproval based on an application to permit a lot line modification; at: 1) proposed newly created lot having less than the code required minimum lot size of 80,000 sq. ft.; located, at: 580 Basin Road, (Adj. to Southold Bay) Southold , NY. SCTM#1000-81-1-16.7. 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 public hearing to the October 4, 2018 Regular Meeting_ Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dantes was absent. 11:48 A.M. Motion was offered by Chairperson Weisman, seconded by Member Lehnert to adjourn for a Lunch Break. Vote of the Board: Ayes: All. This Resolution was duly adopted 4-0). 1:05 P.M. Motion was offered by Chairperson Weisman, seconded by Member Lehnert to Page 5—Minutes Regular Meeting held August 2, 2018 Southold Town Zoning Board of Appeals reconvene the public hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-01 1:06 P.M. - VIRGINIA GILMOUR/ROBERT WHITE (JESSE DORFMAN CV) #7185 — By Joseph Haspel, Attorney. Virginia Gilmour in support. Alex Regruto, Linda Gallow, Mary Singleton, and Michael and Phyllis Snow opposed. Request for a Waiver of Merger petition under Article II, Section 280-10A, to unmerge land identified as SCTM No. 1000-144-3-27, which has merged with SCTM Nos. 1000-144-3-28 and 1000-144-3-35, based on the Building Inspector's April 13, 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 350 Bartley Road, Mattituck, NY. SCTM Nos.1000-144-3-27, 1000-144-3-28 and 1000-144-3-35. 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) Member Dantes was absent. 2:02 P.M. - BRIAN AND ELIZABETH WILHELM (CV), #7187 —By Richard Lark, Attorney. Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's April 11, 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 35 feet; 2) less than the code required minimum rear yard setback of 35 feet; at: 220 Upper Shingle Hill Road, Fishers Island, NY, SCTM#1000-9-1-14. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento to Close the hearing and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted 4-0) Member Dantes was absent. 2:28 P.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). 2:30 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 L4_-_0_1 2:30 P.M. - MARGERY RIFKIN DAVID AND REUBEN J. DAVID #7168 —(Adjourned from July 5, 2018) By Patricia Moore, Attorney. 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. SCTM#1000-78- 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 Acampora to Close the hearing and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly dopted (4-0) Member Dantes was absent. Page 6—Minutes Regular Meeting held August 2, 2018 Southold Town Zoning Board of Appeals 2:54 P.M. - BRIAN MORRISSEY #7177 — (Adjourned from July 5, 2018) By Brian Morrissey, Applicant. 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 Road, 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 Close the hearing and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted 4-0) Member Dantes was absent. V. RESOLUTIONS: RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Acampora to set the next Regular Meeting with Public Hearings to be held September 6, 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 Lehnert to approve Minutes from Special Meeting held July 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 3:02 P.M. Respect ully sub itte Kim E. Fuentes g ///a/2018 01ndedReference: Filed ZBA Decisions (0) RECEWE Weisman, Chairperson //6/2018e!q1 0 SQL. [rL. Approved for Filing Resolution Adopted outhold Town Clerk