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Home My WebLink AboutZBA-10/04/2018 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��0� $oU�y� 53095 Main Road•P.O.Box 1179 �® l® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes CA Town Annex/First Floor. Robert Lehnert,Jr. • �O� 54375 Main Road(at Youngs Avenue) Nicholas Planamento Z7 Nicholas U 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, OCTOBER 4, 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 October 4, 2018 commencing at 8:00 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 8:17 A.M. Chairperson Weisman called the meeting to order. EXECUTIVE SESSION: 8:17 A.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento to enter into Executive Session. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Attorney advice 8:47 A.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes to exit Executive Session. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 2—MINUTES Regular Meeting held October 4, 2018 Southold Town Zoning Board of Appeals TRAINING Justin Jobin, Environmental Projects Coordinator and John Solingen, P.E., Chief, Office of Ecology of the Suffolk County Department of Health Services made a presentation discussing Advanced Sanitary Systems in"Suffolk County's Reclaim our Water Initiative"with members of the Board and staff of the Zoning Board of Appeals and Planning Department. WORK SESSION: a) Requests from Board Members for future agenda items. b) Board Training to be scheduled October 18 at 4:00 PM, Case Law. c) Tentative future training to be scheduled. 10:30 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 dull adopted (5-a 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): Melan LLC #7201 Paul Orlick#7202 Thomas Cornell #7203 Halsey Tuthill #7204 Krupski Limited Family Partnership #7205 John and Gloria Skoblicki #7198 Robert and Catherine Harper#7200 Salvatore Agosta#7199 Vote of the Board: All. This resolution was duly adopted (5-0). Page 3—MINUTES Regular Meeting held October 4, 2018 Southold Town Zoning Board of Appeals 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: DECISIONS TABLED TO OCTOBER'18,2018 ELIZABETH E. MACEDONIA AND THEODORE N. PAPADOPOULOS #7182 APPROVED AS AMENDED R. BRADFORD BURNHAM, III#7181 RELIEF DENIED PATRICA C. BOOTH REVOCABLE TRUST#7183 PUBLIC HEARINGS: The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 10:36 A.M. - MELAN LLC #7201 — By Anthony D. Angelo, owner. Request for a Variance from Article IV, Section 280-124 and the Building Inspector's April 19, 2018, Notice of Disapproval based on an application for a building permit to construct additions and alterations to existing single family dwelling, at; 1) located less than the code required minimum front yard setback of 40 feet; at: 230 Lesters Road, Mattituck, NY. SCTM#1000-114-7-5.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Acampora to Close the hearing and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:45 A.M. - PAUL ORLICK #7202 — By Paul Orlick, Owner. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's June 6, 2018, Notice of Disapproval based on an application for a building permit to construct an accessory in-ground swimming pool, at; 1) proposed improvements more than the code permitted maximum lot coverage of 20%; at: 1300 Sound View Road, Orient, NY. SCTM#1000-15-3-23. 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 Adjourn the hearing-to the Special Meeting of October 18. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-91. Page 4—MINUTES Regular Meeting held October 4, 2018 Southold Town Zoning Board of Appeals 11:00 A.M. - THOMAS CORNELL #7203 — By Patricia Moore, Attorney. Request for a Waiver of Merger petition under Article II, Section 280-10A, to unmerge land identified as SCTM No. 1000-31-4-8 which has merged with SCTM No. 1000-31-4-9, based on the Building Inspector's June 15, 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 580 Stars Road, East Marion, NY. SCTM Nos.1000-31-4-8 and 1000-31-4-9. 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 (5-0). 11:15 A.M. - HALSEY TUTHILL #7204 — By Halsey Tuthill, Owner, Opposed by Emily Gunderson and Steve Shan, neighbors. Request for a Variance from Article XXIII, Section 280- 124 and the Building Inspector's June 6, 2018, Amended June 15, 2018 Notice of Disapproval based on an application for a building permit to demolish an existing dwelling and construct a new single family dwelling, at; 1) located less than the code required minimum front yard setback of 35 feet; at: 350 Sylvan Drive, East Marion, NY. SCTM#1000-37-3-19.1. 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 (5- 0 -. 11:39 A.M. - KRUPSKI LIMITED FAMILY PARTNERSHIP #7205 — By Karen Hoeg, Attorney and John Krupski, owner. Request for a Waiver of Merger petition under Article 11, Section 280- 10A, to unmerge land identified as SCTM No. 1000-111-13-8 which has merged with SCTM No. 1000-111-13-7, based on the Building Inspector's June 12, 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 6125 Nassau Point Road, (Adj. to Little Peconic Bay) Cutchogue, NY. SCTM Nos.1000-111-13-7 and 1000-111-13-8. 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 subject to the receipt of partnership articles. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:04 P.M. - MARY ZUPA/PARADISE POINT ASSOCIATION #7186 — (Adjourned from August 2, 2018) By Bruce Anderson, Representative and Victor Zupa, owner. Request for a Variance under Article 111, 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 Page 5—MINUTES Regular Meeting held October 4, 2018 Southold Town Zoning Board of Appeals Member Planamento to Close the hearing and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:56 A.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora to adjourn for Lunch. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:03 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). 1:15 P.M. - JOHN AND GLORIA SKOBLICKI #7198 —By John Skoblicki, owner, Ann Surchin, Representative. Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's May 18, 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 35 feet; 2) located less than the code required minimum side yard setback of 10 feet; 3) located less than the code required minimum combined side yard setback of 25 feet; at: 560 Youngs Avenue, Southold,NY. SCTM#1000-64-1-3. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to Close the hearing and Reserve Decision subject to comparable variances in the vicinity. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Member Planamento Recused) 1:49 P.M. - ROBERT AND CATHERINE HARPER #7200 — By Robert and Catherine Harper, owners. Request for a Variance from Article IV, Section 280-18 and the Building Inspector's June 13, 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) more than the code required maximum allowed two and one-half (2-1/2) stories; at: 2600 New Suffolk Avenue, Mattituck, NY. SCTM#1000-115-9-3. 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 Close the hearing and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 2:01 P. M. - SALVATORE AGOSTA#7199—By Salvatore Agosta, owner. Request for Variances from Article III, Section 280-15; Article XXII, Section 280-105 (A) and the Building Inspector's May 7, 2018, Amended May 21, 2018 Notice of Disapproval based on an application for a building permit to legalize "as built" six (6) feet high fence in the front yard of a single family dwelling, and to demolish an"as built" accessory garage, and to construct a new accessory garage; at 1) proposed garage is located in other than the code required rear yard; 2) "as built" fence more than the code required maximum four (4) feet in height when located in the front yard; at: 1250 Shipyard Lane, East Marion, NY. SCTM#1000-38-7-10.12. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to Close the hearing and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 6—MINUTES Regular Meeting held October 4, 2018 Southold Town Zoning Board of Appeals 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 November 1, 2018 at 8:30 AM. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Acampora to approve Minutes from Special Meeting held September 20, 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 2:10 P.M. Respectfully sub tted Kim E. Fuentes tb /2018 Included/q Reference: F' ZBA Decisions (2) RECEIVE C4- - .41 Leslie Kanes Weisman, Chairperson /0 / 62018 OCT 2 3 2018 Approved for Filing Resolution Adopted tl • 10.4 1 n.di Southold Town Clerk