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Home My WebLink AboutZBA-12/06/2018 BOARD MEMBERS OF SO!/jy� Southold Town Hall Leslie Kanes Weisman,Chairperson y>� 53095 Main Road•P.O. Box 1179 l0 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes CIO Town Annex/First Floor, r Robert Lehnert,Jr. 54375 Main Road(at Noungs Avenue) Nicholas Planamento IyCOO ��` 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, DECEMBER 69 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 December 6, 2018 commencing at 8:30 A.M. Present were: Eric Dantes, Vice Chair Nicholas Planamento Patricia Acampora Robert Lehnert William Duffy, Town Attorney Kim Fuentes, ZBA Secretary 8:38 A.M. Vice Chair Dantes called the meeting to order. EXECUTIVE SESSION: 8:38 A.M. Motion was offered by Vice Chair Dantes, seconded by Member Acampora to enter into Executive Session. Vote of the Board: Ayes: All. This Resolution was duly dopted (4-0). (Chairperson Weisman was absent) Attorney advice 9:33 A.M. Motion was offered by Vice Chair Dantes, seconded by Member Planamento to exit Executive Session. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Chairperson Weisman was absent) Page 2—MINUTES Regular Meeting held December 6, 2018 Southold Town Zoning Board of Appeals WORK SESSION: a) Requests from Board Members for future agenda items. b) Standards, process for waiver of merger applications. 9:34 A.M. Vice Chair Dantes called the public hearing to order with the Pledge of Allegiance. Motion was offered by Vice Chair Dantes 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).(Chairperson Weisman was absent) STATE ENVIRONMENTAL QUALITY REVIEWS; BOARD RESOLUTION: Motion was offered by Vice Chair Dantes 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): Anthony Pirozzi, Jr. #7216 Cinthia Thorp. #7218 Michael and Colleen Logrande #7224 Deborah Ostrosky #7225 Andrew and Linda Toga#7219 Richard and Siobhan Hans #7228 Jane Smerglia#7220 MMC Realty 2 Family Limited Partnership #7221 David and Diane Nelson #7223 1855 Depot Lane, LLC., Bruce Brownawell and Anne McElroy#7226SE Vote of the Board: All. This resolution was duly adopted (4-0). (Chairperson Weisman was absent) POSSIBLE RESOLUTION TO CLOSE THE FOLLOWING HEARINGS: CHARLOTTE GREEN and JOANNA LOMAS #7210 — (Adjourned from November 15, 2018) 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: Motion was offered by Vice Chair Dantes, seconded by Member Lehnert to Close the hearing. Vote of the Board: Ayes: Members Dantes, Planamento, Acampora, and Lehnert This Resolution was duladopted; 4-0). (Chairperson Weisman was absent) Page 3—MINUTES Regular Meeting held December 6, 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: GRANTED AS AMENDED WITH CONDITIONS CHARLOTTE GREEN AND JOANNA LOMAS #7210 GRANTED AS APPLIED WITH CONDITIONS HALSEY A. STAPLES AND JANET E. STAPLES 47215 PUBLIC HEARINGS: 9:38 A.M. - ANTHONY PIROZZI, JR. 47216 — By Michael Kimack, representative and Anthony Pirozzi, owner. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's July 16, 2018, Notice of Disapproval based on an application for a building permit to construct deck addition to existing single family dwelling, at; 1) located less than the code required minimum combined side yard setback of 35 feet; at: 1769 Smith Road, (Adj. to Hog Neck Bay) Peconic, NY. SCTM#1000-98-4-20. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Vice Chair Dantes, seconded by Member Planamento to Close the Hearing and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 9:59 A.M. - CINTHIA THORP. #7218 — By Michael Kimack, Representative; opposed by Frank Thorp. Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's June 29, 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 side yard setback of 10 feet; 2) located less than the code required minimum combined side yard setback of 25 feet; at: 120 South Lane, (Adj. to Orient Harbor) East Marion, NY. SCTM41000-37-6-3.4. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Vice Chair Dantes, seconded by Member Lehnert to Adjourn the Hearing to the Special Meetiniz of December 20, 2018. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 10:27 A.M. - MICHAEL AND COLLEEN LOGRANDE 47224 — By Michael Kimack, representative; opposed by Greg Burdulis, Benja Schwartz, Nancy Sawastynowicz, Tommy Lambert and Doris Anderson. Request for Variances from Article III, Section 280-15 and the Building Inspector's July 6, 2018, Notice of Disapproval based on an application for a building permit to demolish an existing single family dwelling and accessory barn and build a new single family dwelling and accessory garage, at; 1) existing accessory garage located in other than the Page 4—MINUTES Regular Meeting held December 6, 2018 Southold Town Zoning Board of Appeals code required rear yard; 2) proposed accessory garage partially located in other than the code required rear yard; at: 550 Fleetwood Road, Cutchogue, NY. SCTM#1000-137-5-1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Vice Chair Dantes, seconded by Member Planamento to Adjourn the Hearing to the Special Meeting of December 20, 2018. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 11:33 A.M. - DEBORAH OSTROSKY #7225 — By Michael Kimack, representative and Deborah Ostrosky, owner. Opposed by Kathleen McCabe and Gail Chellel. Request for a Variance from Article III, Section 280-13A and the Building Inspector's August 9, 2018, Notice of Disapproval based on an application for a building permit to make additions and alterations to an existing accessory building, at: 1) more than the code permitted one dwelling on each lot; the proposed construction constitutes a second dwelling unit in the accessory building; at: 1260 Koke Drive, Southold, NY. SCTM#1000-87-5-17. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Vice Chair Dantes, seconded by Member Planamento to Adjourn the Hearing to the Special Meeting of December 20, 2018. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 11:53 A.M. - ANDREW AND LINDA TOGA #7219 — By Bruce Anderson, representative. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's May 16, 2018, Amended August 1, 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 rear yard setback of 50 feet; at: 2425 Mill Creek Drive, (Adj. to Arshamomaque Pond) Southold, NY. SCTM#1000-51-6-40. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Vice Chair Dantes, seconded by Member Planamento to Close the Hearing and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 12:10 P.M. Motion was offered by Vice Chair Dantes, seconded by Member Acampora to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted 4-0Z 12:15 P.M. Motion was offered by Vice Chair Dantes, seconded by Member Acampora to reconvene the public hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted (5.0). 12:15 P.M. - RICHARD AND SIOBHAN HANS #7228 — By Bruce Anderson, representative. Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's August 9, 2018, Notice of Disapproval based on an application to legalize an "as built" deck addition attached to an existing single family dwelling, at: 1) located less than the code required minimum side yard setback of 15 feet; 2) located less than the code required minimum combined side yard setback of 35 feet; at: 2125 Pine Tree Road, (Adj. to Little Creek) Cutchogue, NY. SCTM#1000-98-1-13. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Vice Chair Dantes, seconded by Member Planamento to Close the Hearing and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Page 5—MINUTES Regular Meeting held December 6, 2018 Southold Town Zoning Board of Appeals 12:29 A.M. - JANE SMERGLIA #7220 — By Meryl Kramer, representative. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's July 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) located less than the code required minimum front yard setback of 35 feet; at: 225 Sigsbee Road, Mattituck, NY. SCTM#1000-143-2-5. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Vice Chair Dantes, seconded by Member Acampora to Close the Hearing and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 12:38 P.M. Motion was offered by Vice Chair Dantes, seconded by Member Acampora to Break for Lunch. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 1:31 P.M. Motion was offered by Vice Chair Dantes, seconded by Member Acampora to reconvene the public hearing. Vote of the Board: Ayes: All. This Resolution was duly dopted (4-0). 1:31 P.M. - MMC REALTY 2 FAMILY LIMITED PARTNERSHIP #7221 — By Patricia Moore, representative. Request for a Variance from Article III, Section 280-13A and the Building Inspector's June 12, 2018, Notice of Disapproval based on an application to legalize "as built" alterations to an accessory building, at; 1) more than the code permitted one dwelling on each lot; the proposed construction constitutes a second dwelling unit in the accessory building; at: 7625 Nassau Point Road, (Adj. to Little Peconic Bay) Cutchogue, NY. SCTM# 1000-118-4-4. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Vice Chair Dantes, seconded by Member Planamento to Adjourn the Hearing to February 7, 2019. Notices to be re-mailed and property to be reposted. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 1:37 P.M. DAVID AND DIANE NELSON (Breezy Shores) #7223 — By Frank Uhlendahl, representative. Request for a Variance from Article XXIII, Section 280-123 and the Building Inspector's June 25, 2018, Notice of Disapproval based on an application for a building permit to make additions and alterations to an existing seasonal cottage, at; 1) a non-conforming building containing a non-conforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use; at: 65490 Route 25, (aka Sage Boulevard, Breezy Shores Cottage #24, Adj. to Shelter Island Sound) Greenport, NY. SCTM#1000-53-5-12.6. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Vice Chair Dantes, seconded by Member Acampora to Close the Hearing and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 1:46 P.M. - 1855 DEPOT LANE LLC., BRUCE BROWNAWELL AND ANNE MCELROY #72265E — By Bruce Brownawell and Anne McElroy, owners. Applicants request a Special Exception under Article III Section 280-13B(14). The Applicants are the owners requesting authorization to establish an Accessory Bed and Breakfast, accessory and incidental to the residential occupancy in this single-family dwelling, with three (3) bedrooms for lodging and serving of breakfast to the B&B casual, transient roomers. Located at: 1855 Depot Lane, Cutchogue, NY. SCTM#1000-102-1-9.1. BOARD RESOLUTION: (Please see transcript of Page 6—MINUTES Regular Meeting held December 6, 2018 Southold Town Zoning Board of Appeals written statements prepared under separate cover.) After receiving testimony, motion was offered by Vice Chair Dantes, seconded by Member Acampora to Close the Hearing and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 2:00 P.M. - TRACY PECK AND DAVID CORBETT #7209 — (Adjourned from November 1, 2018) By Michael Kimack, Representative and David Corbett, owner. 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 Vice Chair Dantes, seconded by Member Lehnert to Adjourn the Hearing to the Special Meeting of December 20, 2018. Vote of the Board: Ayes: All. This Resolution was duly adopted 4-0). RESOLUTION ADOPTED: Motion was offered by Vice Chair, seconded by Member Planamento to set the next Regular Meeting with Public Hearings to be held January 3, 2019 at 8:30 AM. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0).(Chairperson Weisman was absent RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Acampora to approve Minutes from Special Meeting held November 15, 2018. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Chairperson Weisman was absent) There being no other business properly coming before the Board at this time, the Chairperson declared the meeting adjourned. The meeting was adjourned at 2:25 P.M. Respec fully submitte, , Kim . Fuentes 12- / Zv/2018 Included by Reference: Filed ZBA Decisions (2) RECEIVED Eric Dantes, Vice Chair j9 IAO /2018 DEC 2 4/�201 Approved for Filing Resolution Adopted 00 tua Sou old Town Clerk