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Home My WebLink AboutZBA-01/03/2019 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ®��®� $® 53095 Main Road•P.O.Box 1179 ® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. a� 54375 Main Road(at Youngs Avenue) Nicholas Planamentoc®U � Southold,NY 11971 9 http://southoldtovnmy.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 MINUTES REGULAR MEETING THURSDAY, JANUARY 3,2019 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 January 3, 2019 commencing at 8:30 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 8:35 A.M. Chairperson Weisman called the meeting to order. ORGANIZATIONAL MEETING. (8:47 A.M. ) Motion was offered by Chairperson Weisman, seconded by Member Dantes to adopt the 2019 ZBA Code of Conduct as written. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Motion was offered by Chairperson Weisman, seconded by Member Dantes to adopt the 2019 ZBA Guidelines to Open Meetings Law and Ethical Issues as written. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).. Motion was offered by Chairperson Weisman, seconded by Member Acampora to adopt the 2019 ZBA Procedural Guidelines as written . Vote of the Board: Ayes: All. This Resolution was duly adopted (5-01 Page 2—MINUTES Regular Meeting held January 3, 2019 Southold Town Zoning Board of Appeals EXECUTIVE SESSION: 9:08 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). Attorney advice 9:19 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). WORK SESSION: a. Requests from Board Members for future agenda items. b. Board training reminder for January 17, 2019. Michael Verity to discuss FEMA Regulations. c. Discussed changes to draft decision templates. d. Reviewed meeting dates of 2019. e. Reviewed letter from applicant's representative requesting that the Zoning Board of Appeals amend condition of approval of Appeal No. 4102 dated May 18, 1992. f. Reviewed request for a one year extension of Appeal No. 6904 of David A. Rosenbaum, dated January 21, 2016. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member ' Planamento to Grant a six month extension on Appeal No. 6904, to David A. Rosenbaum, to expire July 21, 2019 . Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0). 9:40 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 Planamento, 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: Page 3—MINUTES Regular Meeting held January 3, 2019 Southold Town Zoning Board of Appeals _ Type II Actions (No further steps- setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests): Frank and Paula Doka 47227 Frank and Paula Doka 47229SE Kevin S. McLeod and Chun Y Cheung #7230 Michael McCarrick Real Estate, Inc. #7231 Goldsmith's Inlet, LLC #7232 Ann Aguanno and Gerald Gleason#7233 Henry Hintze, Lynn Mcmahon, and Marie Basile #7234 Johnny S. Donadic and Steve Donadic 47235 Marco Maida and Alexis Eileen Norris Maida#7222SE Alejandro Azcona and Daniel Devito 47197SE Harvest Inn—Darolyn And Christopher Augusta#7257SE Harvest Inn—Cristina Illa(Contract Vendee) #7258SE Vote of the Board: All. This resolution was duly adopted (5-0). POSSIBLE RESOLUTION TO CLOSE THE FOLLOWING HEARINGS: DEBORAH OSTROSKY 47225 — (Adjourned from December 20, 2018) 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: Motion was offered by Chairperson Weisman, seconded by Member Lehnert to Close the hearing. Vote of the Board: Ayes: Members Weisman, Dantes, Planamento, Acampora, and Lehnert This Resolution was duly adopted; ,5-0). 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: RELIEF DENIED DEBORAH OSTROSKY#7225 Vote of the Board: Ayes: Members Weisman, Dantes, Planamento, Acampora, and Lehnert This Resolution was duly adopted (5-0). Page 4—MINUTES Regular Meeting held January 3, 2019 Southold Town Zoning Board of Appeals PUBLIC HEARINGS: 9:54 A.M. - FRANK AND PAULA DOKA 47227 — By Angela Mangelis, Representative; Frank Doka and Paula Doka, Owners. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's July 24, 2018,Notice of Disapproval based on an application for a building permit to legalize "as built" addition and alterations to an existing single family dwelling and legalize "as built" accessory apartment in an accessory garage; at; 1) less than the code required minimum rear yard setback of 50; at: 755 Lupton Point Road, (Adj. to Deep Hole Creek), Mattituck, NY. SCTM#1000-115-11-4.1. BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Lehnert to Close the hearing and Reserve Decision. Vote of the Board: Ayes: Members Weisman, Dantes, Planamento, Acampora, and Lehnert This Resolution was duly adopted; (5-0). 10:10 A.M. - FRANK AND PAULA DOKA #72295E — By Angela Mangelis, Representative; Frank Doka and Paula Doka, Owners. Request for a Special Exception under Article III, Section 280-13B(13). The Applicants are the owners of subject property requesting authorization to legalize an "as built" Accessory Apartment in an existing accessory structure, at: 755 Lupton Point Road, (Adj. to Deep Hole Creek) Mattituck, NY. SCTM#1000-115-11-4.1. BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Acampora to Close the hearing and Reserve Decision. Vote of the Board: Ayes: Members Weisman, Dantes, Planamento, Acampora, and Lehnert This Resolution was duly adopted; (5-0). 10:18 A.M. - KEVIN S. MCLEOD AND CHUN Y CHEUNG #7230 — By Michael Kimack, Representative, and Kevin McLeod, Owner. Request for a Variance from Article XXII, Section 280-116A(1) and the Building Inspector's August 13, 2018, Notice of Disapproval based on an application for a building permit to make additions and alterations to an existing single family dwelling; at; 1) located less than the code required 100 feet from the top of the bluff; at: 605 Sound View Avenue, (Adj. to Long Island Sound), Mattituck, NY. SCTM#1000-94-1-4. BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Dantes to Close the hearing and Reserve Decision. Vote of the Board: Ayes: Members Weisman, Dantes, Planamento, Acampora, and Lehnert This Resolution was duly adopted; (5-0). 10:34 A.M. - MICHAEL MCCARRICK REAL ESTATE, INC. #7231 — By Mike Kimack, Representative. Opposition from Ralph Gercheck, Jackie Mosquowitz and Ekmel Kasaba. Request for a Variance from Article III, Section 280-15; and the Building Inspector's August 1, 2018, Notice of Disapproval based on an application for a building permit to construct an accessory garage; at; 1) located less than the code required minimum front yard setback of 35 feet; at: 415 Lakeside Drive, (Adj. to Pleasant Inlet), Southold, NY. SCTM#1000-90-3-13. BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Acampora to Adjourn the hearing to January 17, 2019. Vote of the Board: Ayes: Members Weisman, Dantes, Planamento, Acampora, and Lehnert This Resolution was duly adopted; (5-0). 10:57 A.M. - GOLDSMITH'S INLET, LLC #7232—By Matt Ivans, Representative. Request for a Variance from Article III, Section 280-15; and the Building Inspector's August 28, 2018, Notice of Disapproval based on an application for a building permit to build a deck addition to be attached to an existing single family dwelling; at; 1) existing accessory garage will be located in other than the Page 5—MINUTES Regular Meeting held January 3, 2019 Southold Town Zoning Board of Appeals code required rear yard; at: 2700 Mill Road, (Adj. to Goldsmith's Inlet), Peconic, NY. SCTM#1000-67-5-2. BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Lehnert to Close the hearing and Reserve Decision. Vote of the Board: Ayes: Members Weisman, Dantes, Planamento, Acampora, and Lehnert This Resolution was duly adopted; (5-0). 11:04 A.M. - ANN AGUANNO AND GERALD GLEASON #7233 — By Robert Herman, Representative. Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector's August 17, 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; 2) more than the code permitted maximum lot coverage of 20%; at: 2085 Bay Avenue, (Adj. to Marion Lake), East Marion, NY. SCTM#1000-31-17-3. BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Planamento to Close the hearing and Reserve Decision. Vote of the Board: Ayes: Members Weisman, Dantes, Planamento, Acampora, and Lehnert This Resolution was duly adopted; (5-0). 11:14 A.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:20 A.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 . 11:21_ A.M. - HENRY HINTZE, LYNN MCMAHON, AND MARIE BASILE #7234 — By Brook Epperson, Representative; and Henry Hintze, Owner. Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's July 12,2018, Amended July 13, 2018, Notice of Disapproval based on an application for a building permit to make 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; 3) more than the code permitted maximum lot coverage of 20%; at: 590 Brooks Road, (Adj. to Pipes Neck Creek), Greenport, NY. SCTM#1000-53-1-15. BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Acampora to Close the hearing and Reserve Decision. Vote of the Board: Ayes: Members Weisman, Dantes, Planamento, Acampora, and Lehnert This Resolution was duly adopted; (5-0). 11:35 A.M. - JOHNNY S. DONADIC AND STEVE DONADIC #7235 — By Patricia Moore, Representative, John Donadic, Owner. Support by Chris Baiz. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's September 4, 2018, Notice of Disapproval based on an application for a building permit to reconstruct an accessory in-ground swimming pool; at; 1) more than the code permitted maximum lot coverage of 20%; at: 325 Willow Point Road, (Adj. Budd's Pond/Canal), Southold, NY. SCTM#1000-56-5-26. BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Acampora to Close the hearing and Reserve Decision. Vote of the Board: Ayes: Members Weisman, Dantes, Planamento, Acampora, and Lehnert This Resolution was duly adopted; (5-0). Page 6—MINUTES Regular Meeting held January 3, 2019 Southold Town Zoning Board of Appeals 11:47 A.M. Motion was offered by Chairperson Weisman, seconded by Member Lehnert to Break for Lunch. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:01 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). 1:01 P.M. - MARCO MAIDA AND ALEXIS EILEEN NORRIS MAIDA #72225E — By Patricia Moore, Representative. 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 one (1) bedroom for lodging and serving of breakfast to the B&B casual, transient roomers. Located at: 29745 Main Road, Cutchogue, NY. SCTM#1000-102-2-13. BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Planamento to Close the hearing and Reserve Decision. Vote of the Board: Ayes: Members Weisman, Dantes, Planamento, Acampora, and Lehnert This Resolution was duly adopted; (5-0). ALEJANDRO AZCONA AND DANIEL DEVITO #71975E — 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 four (4) bedrooms for lodging and serving of breakfast to the B&B casual, transient roomers. Located at: 565 South Harbor Road, Southold, NY. SCTM#1000-75-4-1. BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Planamento to Close the hearing and Reserve Decision. Vote of the Board: Ayes: Members Weisman, Dantes, Planamento, Acampora, and Lehnert This Resolution was duly adopted; (5-0). HARVEST INN — DAROLYN AND CHRISTOPHER AUGUSTA #72575E — Christopher Augusta and Darolyn Augusta, 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 five (5) bedrooms for lodging and serving of breakfast to the B&B casual, transient roomers; located at 40300 Main Road, Peconic, NY. SCTM No. 1000-86-4-1.4. BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Planamento to Adjourn the hearing to January 17, 2019. Vote of the Board: Ayes: Members Weisman, Dantes, Planamento, Acampora, and Lehnert This Resolution was duly adopted; (5-0). HARVEST INN — CRISTINA ILLA (CONTRACT VENDEE) #72585E — By Christina Illa and Ursula Salla Illa, Contract Vendees; Christopher Augusta and Darolyn Augusta, Owners. Applicant requests a Special Exception under Article III Section 280-13B(14). The Applicants is the contract vendee requesting authorization to establish an Accessory Bed and Breakfast, accessory and incidental to the residential occupancy in this single-family dwelling, with five (5) bedrooms for lodging and serving of breakfast to the B&B casual, transient roomers; located at 40300 Main Road, Peconic, NY. SCTM No. 1000-86-4-1.4. BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Planamento to Adjourn the hearing to January 17, Page 7—MINUTES Regular Meeting held January 3, 2019 Southold Town Zoning Board of Appeals 2019. Vote of the Board: Ayes: Members Weisman, Dantes, Planamento, Acampora, and Lehnert This Resolution was duly adopted; (5-0). WILLIAM A. PENNEY III AND SUKRU ILGIN (CV) (SOUTHOLD GAS STATION) #6839 — (Adjourned from 7/2/2015) By Charles Cuddy, Esq., Eric Nicosia, Steven Schneider, Representatives. Mr. Ilgin, and Mohammad Ilgin in support. Opposed by Ellen Corwin, Cheryl Amara, Gary Rempe, Ann Harkins, Philip Rein, Chris Rock, Pat Marcoux, Ms. Smith, Bernice Melly, Philip Ferrato, and John Abele. Request for Special Exception under Article XI Section 280-48B(12) to construct a gasoline service station with a convenience store. Located at 45450 County Road 48 (aka North Road, corner Young's Avenue) Southold, NY. SCTM#1000-55-5-2.2. BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Planamento to Adjourn the hearing to January 17, 2019. Vote of the Board: Ayes: Members Weisman, Dantes, Planamento, Acampora, and Lehnert This Resolution was duly adopted; (5-0). RESOLUTION ADOPTED: Motion was offered by Chairperson, Weisman, seconded by Member Dantes to set the next Regular Meeting with Public Hearings to be held February 7, 2019 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 December 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 4:32 P.M. ypefullly sub itt , Kim E. Fuentes 1 /i-7 /2019 Inclu ed y Reference: iled ZBA Decisions (1) r� DECEIVED Leslie KanA Weisman, Chairperson // 19 7/2019 Approved for Filing Resolution Adoptede a T" JAN 2 2 ZO Sou old Town Clerk