HomeMy WebLinkAboutZBA-06/21/2018 Special
MINUTES
SPECIAL MEETING
THURSDAY JUNE 21, 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, June 21, 2018 commencing at 5:00 P.M.
Present were:
Leslie Kanes Weisman, Chairperson
Eric Dantes, Member
Nick Planamento, Member
Patricia Acampora, Member
Robert Lehnert, Member
William Duffy, Town Attorney
Kim Fuentes, Zoning Board Assistant
Call to Order at 5:00 P.M. by Chairperson Weisman.
WORK SESSION:
a) Requests from Board Members for future agenda items.
b) Discussed conditions that are imposed when variances for “as-built” improvements are
granted. Suggestions were offered to remedy difficulty with meeting timelines.
c) Requests by the Southold Town Planning Board for code interpretations regarding 1.
the density and minimum lot size bulk schedules for Residential Districts (Chapter
280, Attachment 1 and 3) and 2. to determine whether a proposed affordable housing
project known as Vineyard View consisting of 50 rental dwelling units on a 17.9 acre
parcel, complies with the Town of Southold Bulk Schedule for Residential Districts
(280 Attachment 3) and the Density and Minimum Lot Size Schedule for Residential
Districts (280 Attachment 1); and is therefore, a permitted use in the Hamlet Density
Residential District (HD).
Page 2 – Minutes
Special Meeting held June 21, 2018
Southold Town Zoning Board of Appeals
After the Board reviewed and discussed the Planning Board’s memorandums to the
ZBA dated April 10, 2018 and May 16, 2018, requesting the two code interpretations,
the Board agreed with the readings of the bulk schedule as described therein and made
a motion to write a determination so stating. The Board will deliberate and vote on a
written determination during the Regular Meeting of July 5, 2018.
Vote of the Board: Ayes: Members Weisman (Chairperson), Dantes, Acampora, and
Planamento; Abstain: Member Lehnert. This Resolution was duly adopted (4-1).
d. Application of Southold Sunsets received approval from the Coastal Erosion Hazard Area
Board of Review. The applicant will require Board of Trustees and NYSDEC approval
prior to a public hearing before the Zoning Board of Appeals for variance setback relief.
e. Schedule Board Training – FEMA Regulations to include requirements for construction of
dwellings supported by pilings, and clarification on the definition of natural grade.
f. Code Enforcement: Instructions for informing code enforcement officers of identified
violations to the Town Code.
POSSIBLE RESOLUTION TO CLOSE THE FOLLOWING HEARINGS:
MARILYN DALY, ESTATE OF ROBERT M. DALY, GENEVIEVE MCGRATH AND KEVIN B.
MCGRATH #7134 – (Adjourned from June 7, 2018) 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: Motion was offered by Chairperson Weisman, seconded by Member Dantes
to Close the hearing. Vote of the Board: Ayes: Members Weisman, Dantes, Planamento,
Acampora; Abstain: Member Lehnert. This Resolution was duly adopted; (4-1).
JOSEPH P. HOEY, JR. #7135 – (Adjourned from June 7, 2018) 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: Motion was offered by Chairperson
Weisman, seconded by Member Dantes to Close the hearing. Vote of the Board: Ayes:
Members Weisman, Dantes, Planamento, Acampora; Abstain: Member Lehnert. This
Resolution was duly adopted; (4-1).
Page 3 – Minutes
Special Meeting held June 21, 2018
Southold Town Zoning Board of Appeals
EVAN AND LYNN LEWIS #7172 – (Adjourned from June 7, 2018) 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: Motion was offered by Chairperson
Weisman, seconded by Member Acampora to Close the hearing. Vote of the Board: Ayes:
Members Weisman, Dantes, Planamento, Acampora; Abstain: Member Lehnert. This
Resolution was duly adopted; (4-1).
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:
APPROVED AS APPLIED WITH CONDITIONS:
MARILYN DALY, ESTATE OF ROBERT M. DALY, GENEVIEVE MCGRATH
AND KEVIN B. MCGRATH #7134
JOSEPH P. HOEY, JR. #7135
CHRISTOPHER AND KRISTEN NEIMETH #7146
NEIL T. MCGOLDRICK AND AMY MCGOLDRICK #7148
CHLOEM, LLC #7166
TRACY WEISS AND LEE KRUTER #7170
SOUTHOLD FIRE DISTRICT, LLC #7179
Vote of the Board: Ayes: Members Weisman (Chairperson), Dantes, Acampora, and
Planamento. Abstain: Member Lehnert. This Resolution was duly adopted (4-1).
KONSTANTINE DRAKOPOULOS AND KATINA DIGENAKIS #7164
Vote of the Board: Ayes: Members Weisman (Chairperson), Dantes, Acampora.
Abstain: Member Lehnert. This Resolution was duly adopted (3-1). Member
Planamento Recused.
APPROVED AS APPLIED
EVAN AND LYNN LEWIS #7172
Vote of the Board: Ayes: Members Weisman (Chairperson), Dantes, Acampora, and
Planamento. Abstain: Member Lehnert. This Resolution was duly adopted (4-1).
Page 4 – Minutes
Special Meeting held June 21, 2018
Southold Town Zoning Board of Appeals
VARIANCES DENIED
1505 BIRDSEYE ROAD, LLC, 7140
SUSANNAH MCDOWELL #7165
Vote of the Board: Ayes: Members Weisman (Chairperson), Dantes, Acampora, and
Planamento. Abstain: Member Lehnert. This Resolution was duly adopted (4-1).
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 July 5, 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), Dantes, Acampora, and Planamento. Abstain:
Member Lehnert. This Resolution was duly adopted (4-1).
B. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman,
seconded by Member Planamento to approve minutes from June 7, 2018, Regular
Meeting. Vote of the Board: Ayes: Members Weisman (Chairperson), Dantes,
Acampora, and Planamento. Abstain: Member Lehnert. This Resolution was duly
adopted (4-1).
***
There being no other business properly coming before the Board at this time, Chairperson
Weisman declared the meeting adjourned. The meeting was adjourned at 6:41 P.M.
Respectfully submitted,
Kim Fuentes / /2018
Included by Reference: Filed ZBA Decisions (11)
_____________________________________________
Leslie Kanes Weisman, Chairperson / /2018
Approved for Filing Resolution Adopted