HomeMy WebLinkAboutZBA-11/01/2018 BOARD MEMBERS o f SO Southold Town Hall
Leslie Kanes Weisman,Chairperson �� Tyo 53095 Main Road•P.O.Box 1179
ti0 1p Southold,NY 11971-0959
Patricia Acampora Office Location:
Eric Dantes �, Town Annex/First Floor,
Robert Lehnert,Jr. • y0� 54375 Main Road(at Youngs Avenue)
Nicholas Planamento ��yCOUNII 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, NOVEMBER 1, 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
November 1, 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
Also Present: Heather Lanza, Planning Director
8:37 A.M. Chairperson Weisman called the meeting to order.
TRAINING
Heather Lanza, Planning Director made a presentation and discussed with the Members of the
Board the SEQRA Findings of Southold Gas Station Site Plan. The Board will adopt the findings
by resolution during the next Special Meeting of November 15, 2018.
EXECUTIVE SESSION:
9:30 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).
Page 2—MINUTES
Regular Meeting held November 1, 2018
Southold Town Zoning Board of Appeals
Attorney advice
10:07 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) Tentative future training to be scheduled.
10:15 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
5-0 .
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):
David and Lisa Cifarelli #7206
Dorothy and Raymond Raynor#7207
Charlotte Green and Joanna Lomas #7210
D. Scott Ketner #7211
Jeremiah M. Bogert and Margot Campbell Bogert, As Trustees #7217
Halsey A. Staples and Janet E. Staples #7213
Halsey A. Staples and Janet E. Staples #7215
Tracy Peck and David Corbett#7209
Lenore Brancato and Louis Potters #7208
Vote of the Board: All. This resolution was duly adopted(5-0).
PUBLIC HEARINGS:
10:15 A.M. - DAVID AND LISA CIFARELLI #7206 — by Patricia Moore, Attorney at Law, and
owner, David Cifarelli. Supported by Wallace Mahoney and Mrs. Mahoney. Request for
Variances from Article IV, Section 280-17A and the Building Inspector's August 9, 2017 Amended
May 17, 2018, Notice of Disapproval based on an application for a building permit to legalize "as
Page 3—MINUTES
Regular Meeting held November 1, 2018
Southold Town Zoning Board of Appeals
built" structures; a pergola and a wood frame shed, at; 1) "as built" pergola does not constitute a
permitted principle use on a residential parcel; 2) "as built" wood frame shed does not constitute a
permitted principle use upon a residential parcel at: 2650 Peconic Bay Boulevard, Mattituck, NY.
SCTM#1000-128-6-14. 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 Adjourn the hearing to the Special Meeting of
November 15, 2018. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
10:47 A.M. - DOROTHY AND RAYMOND RAYNOR #7207 — by Raymond Raynor, owner.
Request for a Variance from Article IV, Section 280-17A and the Building Inspector's May 16,
2018, Notice of Disapproval based on an application for a building permit to construct an accessory
garage at; 1) garage does not constitute a permitted principle use on a residential parcel; at: 1175
Home Pike, Mattituck, NY. SCTM41000-114-1-3.3. 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. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0).
10:54 A.M. - PAUL ORLICK #7202— (Adjourned from October 18, 2018) 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 Close the hearing and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly
adopted 5-0).
11:03 A.M. - CHARLOTTE GREEN and JOANNA LOMAS #7210 — by Beverly Green,
representative; Joanna Lomas, owner; Reganold Meyer and William Plonski in support. Opposed
by Patricia Moore, representing neighboring Gentlemen's Ridge. Request for Variances from
Article III, Section 280-15 and the Building Inspector's July 3, 2018, Notice of Disapproval based
on an application for a building permit to relocate an accessory tennis court, at; 1) located in other
than the code required rear yard; located at: 500 Stephenson Road, Orient, NY. SCTM No. 1000-
17-1-6. 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 Adjourn the hearing to the Special Meeting of November 15, 2018. Vote
of the Board: Ayes: All. This Resolution was duly adopted 5-0).
11:43 A.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes to break
for Justice Court Arraignment. Vote of the Board: Ayes: All. This Resolution was duly adopted
(LZ
12:07 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
5-0 .
Page 4—MINUTES
Regular Meeting held November 1, 2018
Southold Town Zoning Board of Appeals
RECONVENE PUBLIC HEARINGS:
12:07 A.M. - D. SCOTT KETNER #7211 — By Steven Ham, Attorney at Law. Request for a
Variance from Article III, Section 280-15 and the Building Inspector's June 15, 2018 Notice of
Disapproval based on an application for a building permit to legalize an accessory in-ground
swimming pool, at; 1) located in other than the code required rear yard; located at: 4321 Brooks
Point Road, Fishers Island, NY. SCTM No. 1000-4-5-18. BOARD RESOLUTION: (Please see
transcript of written statements prepared under separate cover.) After receiving testimony, motion
was offered by Chairperson Weisman, seconded by Member Acampora to Close the hearing and
Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
11:15 A.M. - JEREMIAH M. BOGERT AND MARGOT CAMPBELL BOGERT, AS TRUSTEES
47217 —By Steven Ham, Attorney at Law. Request for a Variance from Article III, Section 280-15
and the Building Inspector's June 15, 2018 Notice of Disapproval based on an application for a
building permit to construct an accessory garage, at; 1) located in other than the code required rear
yard; located at: 8196 Clay Point Road (Adj. to Fishers Island Bay), Fishers Island, NY. SCTM No.
1000-3-1-9.2. 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).
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 December 6, 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 October 18, 2018. Vote of the Board:
Ayes: All. This Resolution was duly adopted (5-0).
12:19 P.M. Motion was offered by Chairperson Weisman, seconded by Member Lehnert to adjourn
for Lunch. 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 Lehnert to
reconvene the public hearing. Vote of the Board: Ayes: All. This Resolution was duly ado tamed
Page 5—MINUTES
Regular Meeting held November 1, 2018
Southold Town Zoning Board of Appeals
RECONVENE PUBLIC HEARINGS:
1:08 P.M. - HALSEY A. STAPLES AND JANET E. STAPLES #7213 — By Morgant Fiedler,
Attorney; and Robin Walden, Halsey Staples, owners. Request for Variances from Article XXIII,
Section 280-124 and the Building Inspector's January 8, 2018, Amended June 19, 2018, Notice of
Disapproval based on an application to legalize a pre-existing storage building that has been altered
to an "as built" two-family dwelling; 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 combined side yard setback of 25 feet; located, at 1100
Wilmarth Avenue, Greenport, NY. SCTM No. 1000-41-1-15. 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
without a date. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
1:08 P.M. - HALSEY A. STAPLES AND JANET E. STAPLES #7215 — By Morgant Fiedler,
Attorney; and Robin Walden, Halsey Staples, owners. Request for a Waiver of Merger petition
under Article II, Section 280-10A, to unmerge land identified as SCTM No. 1000-41-1-15 which
has merged with SCTM No. 1000-41-1-12 based on the Building Inspector's January 8, 2018,
Amended June 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 1100 Wilmarth Avenue, Greenport, NY. SCTM Nos.1000-41-1-12 and
1000-41-1-15. 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 to the Special Meeting of November 15, 2018. Vote of
the Board: Ayes: All. This Resolution was duly adopted (5-0).
1:43 P.M. - TRACY PECK AND DAVID CORBETT 47209 — By Michael Kimack,
Representative. Request for a Variance from Article XXIII, Section 280-124 and the Building
Inspector's June 25, 2018, Amended July 20, 2018, Notice of Disapproval based on an application
for a building permit to demolish an existing single family dwelling and construct a new single
family dwelling, at; 1) located less than the code required minimum front yard setback of 35 feet;
located at: 1305 Sigsbee Road, Mattituck, NY. SCTM No. 1000-144-2-6. BOARD
RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After
receiving testimony, motion was offered by Chairperson Weisman, seconded by Member
Planamento to Adjourn to the Regular Meeting of December 6, 2018. Vote of the Board: Ayes:
All. This Resolution was duly adopted (5-0).
1:56 P.M. - LENORE BRANCATO AND LOUIS POTTERS 47208 — By Patricia Moore,
Attorney, Peter Cook and Rich Falcowski, Design Professionals. In opposition: Charles Dean,
Freddie Wachsberger, Lucy Stiller and Dee Thomas. Jamie Garrison appeared on behalf of the
Historic Preservation Committee (HPC). Request for a Variance from Article XXIII, Section 280-
Page 6—MINUTES
Regular Meeting held November 1, 2018
Southold Town Zoning Board of Appeals
124 and the Building Inspector's July 9, 2018, Amended October 5, 2018 and October 11, 2018
Notice of Disapproval based on an application to demolish a dwelling and reconstruct a new single
family dwelling at; 1) located less than the code required minimum front yard setback of 35 feet; 2)
more than the code permitted maximum lot,coverage of 20%; at: 675 Skippers Lane, Orient, NY.
SCTM#1000-24-2-1. BOARD RESOLUTION: (Please see transcript of written statements
prepared under separate cover.) After receiving testimony, motion was offered by Chairperson
Weisman, seconded by Member Planamento to Adjourn without a date to be determined after the
HPC makes their decision/recommendations. 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 3:02 P.M.
Respe lly sub itted
Kim E. Fuentes 11 / 6 /2018
Included by Reference: Filed ZBA Decisions (0)
Leslie Kanes Weisman, Chairperson 8---�2018
Approved for Filing Resolution Adopted
DECEIVE®
NOV 19 20
Sou hold Towyn Clerk