HomeMy WebLinkAboutZBA-11/06/2025 BOARD MEMBERS ��0�SOUj�o Southold Town Hall
Leslie Kanes Weisman, Chairperson ,`O l0 53095 Main Road•P.O.Box 1179
Patricia Acampora Southold,NY 11971-0959
Robert Lehnert, Jr. y Office Location:
Nicholas Planamento G,'�c► • �OQ Town Annex/First Floor
Margaret Steinbugler C�U( 54375 Main Road(at Youngs Avenue)
Southold,NY 11971
http://southoldtownny.gov
ZONING BOARD OF APPEALS
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Tel. (631) 765-1809
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MINUTES
REGULAR MEETING
THURSDAY, NOVEMBER 6, 2025
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, and also
accessible via Zoom Webinar Portal on Thursday, November 6, 2025 commencing at 9:00 A.M.
Present were:
Leslie Kanes Weisman, Chairperson Elizabeth Sakarellos, Senior Office Assistant
Nicholas Planamento, Vice Chair Donna Westermann, Office Assistant
Patricia Acampora, Member Julie McGivney,Assistant Town Attorney
Robert Lehnert, Member
Margaret Steinbugler, Member
10:08 A.M. Chairperson Weisman called the meeting to order.
Vote of the Board: Ayes: Members Weiseman, Planamento,Acampora, Lehnert and Steinbugler.
This Resolution was duly adopted (5-0).
*�X
I. EXECUTIVE SESSION: Began at 9:08 A.M.
9:08 A.M. —A Motion was offered by Chairperson Weisman, seconded by Member Acampora to
enter into Executive Session in order to receive Attorney Advice. Vote of the Board: Ayes:
Members Weisman, Planamento,Acampora, Lehnert and Steinbugler. This Resolution was duly
adopted(5-0).
10:08 A.M. —A Motion was offered by Chairperson Weisman, seconded by Member Lehnert to
exit the Executive Session. Vote of the Board: Ayes: Members Weisman, Planamento,
Acampora, Lehnert and Steinbugler. This resolution was duly adopted (5-0).
Minutes of November 6, 2025 Regular Meeting
Page 2
II. WORK SESSION:
1. Requests from Board Members for future agenda items.
2. Requests for extensions and de minimus approvals.
III. STATE ENVIRONMENTAL QUALITY REVIEWS:
New applications:
A. RESOLUTION declaring applications that are setback/dimensional/lot
waiver/accessory apartments/bed and breakfast requests as Type II Actions and not
subject to environmental review pursuant to State Environmental Quality Review
(SEQR) 6 NYCRR,part 617.5 (c) including the following:
John M. Haslbauer and Kathleen E. Haslbauer,As Trustees #8049
Henry H. Bostic III and Ambriel Floyd Bostic #8055
Rowsom,Andrea Fagan Irrv. Trust #8050
Jaclyn Costantino and Andrew Charron #8052
Michael Liegey/Town Creek Real Estate, Inc. #8069
Sean McCoyd #8056
Robert and Nancy Bertorello #8057
Isaac Israel and Stephanie Israel #8051
Vote of the Board: Ayes: Members Weisman, Planamento,Acampora, Lehnert and Steinbugler.
This resolution was duly adopted (5-0).
B. SEQRA STATEMENT—615 PIKE STREET, LLC #80355E —The subject Action
concerns a Special Exception to construct a Commercial Building with four (4) retail
takeout units and basement storage, pursuant to Town Code 280-45B(9). The Declared
Action and Determination of Significance shall be Determined by the Planning Board as
Lead Agency.
Vote of the Board: Ayes: Members Weisman Planamento,Acampora, Lehnert and Steinbugler.
This resolution was duly adopted (5-0).
C. 705 CR 48, LLC/ULSTER FARMS #80095E—The subject Action concerns a Special
Exception to construct two (2) buildings for contractor business, pursuant to Town Code
280-41B(2). The Town of Southold Planning Board declared Lead Agency for the
purposes of SEQR, and has made a determination of non-significance for the proposed
action and grants a"Negative Declaration"under SEQRA.
Vote of the Board: Ayes: Members Weisman, Planamento,Acampora, Lehnert and Steinbugler.
This resolution was duly adopted (5-0).
Minutes of November 6, 2025 Regular Meeting
Page 3
IV. DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS:
Agenda items and commenced deliberations on the following applications. The original
determination of each of the following applications as decided are filed with the Southold Town
Clerk:
GRANT WITH CONDITIONS:
Randolf J. Polyn/Andrea and Angelo Provvisiero #8044
Vote of the Board: Ayes: Members Weisman, Planamento,Acampora, Lehnert and
Steinbugler. This resolution was duly adopted (5-0).
V. PUBLIC HEARINGS: All testimony shall be limited to zoning issues properly before the
Board. Each speaker is requested to speak for five minutes, and to submit testimony in writing
when possible.
10:18 A.M. —JOHN M. HASLBAUER AND KATHLEEN E. HASLBAUER,AS TRUSTEES -
#8049—By Martin Finnegan,Attorney. Request for a variance from Article XXXVI, Section
280-207 and the Building Inspector's May 22, 2025 Notice of Disapproval based on an
application for a permit to construct additions and alterations to n existing single family
dwelling; at 1) gross floor area exceeding permitted maximum square footage for lot containing
up to 20,000 square feet in area; located at: 50 Osprey Nest Road, Greenport,NY. SCTM No.
1000-35-6-14. RESOLUTION: (Please see transcript of written statements prepared under
separate cover). After receiving testimony, a motion was offered by Chairperson Weiseman,
seconded by Member Acampora to Adjourn the Public Hearing to February 5,2026. Vote of
the Board: Ayes: All. This Resolution was duly adopted (5-0).
10:33 A.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento to
take a Brief Recess. Vote of the Board: Ayes: All. This resolution was duly adopted (5-0).
10:35 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.OZ
PUBLIC HEARINGS CONTINUED:
10:36 A.M. —705 CR 48 LLC, ULSTER FARMS, LLC - #8009SE—(Adjourned from August 7,
2025 and September 4, 2025) By Paul Pawlowski, Owner. Ellen Talbot, Christopher Shashkin
opposed. Request for special Exception pursuant to Article IX, Code Section 280-41B(2) of the
Southold Town Code, and the Building Inspectors February 14, 2025 Notice of Disapproval,to
Minutes of November 6, 2025 Regular Meeting
Page 4
allow and construct two (2) buildings to be used for contractor businesses; located at 705 County
Road 48, Mattituck, NY. SCTM No. 1000-113-12-13. (RESOLUTION: (Please see transcript
of written statements prepared under separate cover). After receiving testimony, a motion was
offered by Chairperson Weiseman, seconded by Member Lehnert to Close Hearing and Reserve
Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
10:50 A.M. -THOMAS SMITH - #8011 —(Adjourned from May 1, 2025) By Thomas Smith,
Owner. Jeff Patanjo, Engineer. Lucy Harris opposed. Supported by Renato Staarcic. Request
for variances from Article III, Section 280-15;Article XXIII, Section 280-124 and the Building
Inspector's February 24, 2025,AMENDED March 4, 2025, March 13, 2025 and September 24,
2025 Notice of Disapproval based on an application for a permit to legalize and"as built"
demolition(as pr Town Code definition) and reconstruct a single family dwelling complying
with FEMA regulations; and to construct a second story addition to an existing accessory garage;
and to construct an accessory pergola, an outdoor shower, and an accessory hot tub: at 1) single
family dwelling located less than the code required minimum rear yard setback of 35 feet; 2)
more than the code permitted maximum lot coverage of 20%, 3) second story addition to the
accessory garage located in other than the code permitted rear yard; 4) accessory pergola located
in other than the code permitted rear yard; 5) outdoor shower located in other than the code
permitted rear yard, 6) accessory hot tub located in other than the code permitted rear yard;
located at 3121 Oaklawn Avenue (adj. to Jockey Creek) Southold, NY. SCTM No. 100-70-6-10.
RESOLUTION: (Please see transcript of written statements prepared under separate cover).
After receiving testimony, a motion was offered by Chairperson Weiseman, seconded by
Member Steinbugler to Close Hearing and Reserve Decision. Vote of the Board: Ayes: All.
This Resolution was duly adopted (5-0).
11:21 A.M. —HENRY H. BOSTIC III AND AMBRIEL FLOYD BOSTIC - #8055 —By Martin
Finnegan,Attorney. Abagail Wickham representing neighbor Denise Spatny opposed. Request
for a Reversal of the Building Inspectors June 11, 2025 Notice of Disapproval, pursuant to
Article III Section 280-13C and based upon an application for a permit to construct an accessory
garage containing an artist studio; at: 1) the proposed use in the accessory building is not a
permitted accessory use; located at: 5305 Narrow River Road, Orient, NY. SCTM No. 100-27-
2-2.3. RESOLUTION: (Please see transcript of written statements prepared under separate
cover). After receiving testimony, a motion was offered by Chairperson Weiseman, seconded by
Member Lehnert to Close Hearing and Reserve Decision. Vote of the Board: Ayes: All. This
Resolution was duly adopted (5-0).
11:55 A.M. —ROWSOM,ANDREA FAGAN IRRV. TRUST-#8050—By Joan Chambers,
Representative. Request for a variance from Article III, Section 280-15 and the Building
Inspector's July 10, 2025 Notice of Disapproval based on an application for a permit to legalize
an"as built" accessory in-ground swimming pool and an"as built" accessory shed with an
attached deck; at: 1) both structures are located in an area other than the code required rear yard;
located at: 825 Munn Lane, Orient, NY. SCTM No. 1000-17-2-7.1. RESOLUTION: (Please
see transcript of written statements prepared under separate cover). After receiving testimony, a
motion was offered by Chairperson Weiseman, seconded by Member Planamento to Close
Hearing and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly
adopted (5-0).
Minutes of November 6, 2025 Regular Meeting
Page 5
12:03 P.M. —JACLYN COSTANTINO AND ANDREW CHARRON - #8052—By Andrew
Charron, owner. Request for a variance from Article III, Section 280-15 and the Building
Inspector's May 27, 2025 Notice of Disapproval based on an application for a permit to construct
an accessory swimming pool; 1) located in other than the code permitted rear yard; located at:
155 Manor Road, East Marion,NY. SCTM No. 1000-38-4-5.1. RESOLUTION: (Please see
transcript of written statements prepared under separate cover). After receiving testimony, a
motion was offered by Chairperson Weiseman, seconded by Member Planamento to Close
Hearing subject to receipt of additional information. Vote of the Board: Ayes: All. This
Resolution was duly adopted (5-0).
12:24 P.M. —MICHAEL LIEGEY/TOWN CREEK REAL ESTATE, INC. - #8069—By Michael
Liegey, owner. Request for a variance from Article III Section 280-15 and the Building
Inspector's July 11, 2025 Notice of Disapproval based on an application for a permit to legalize
an"as built" accessory swimming pool; at: 1) located in other than the code permitted rear yard;
located at: 480 Ackerly Pond Lane, Southold, NY. SCTYM No. 1000-69-3-13.
RESOLUTION: (Please see transcript of written statements prepared under separate cover).
After receiving testimony, a motion was offered by Chairperson Weiseman, seconded by
Member Lehnert to Close Hearing subject to receipt of additional information. Vote of the
Board: Ayes: All. This Resolution was duly adopted (4-0).(Vice Chair Planamento recused).
12:35 P.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento to
take a Lunch Break. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
1:44 P.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento to
Reconvene the public hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted
5-0 .
XX�C
PUBLIC HEARINGS CONTINUED:
1:44 P.M. —SEAN R. MC COYD - #8056—By Robert Herrmann, Representative, Sean
McCoyd, Owner. Request for variances from Article III Section 280-15;Article XXIII Section
280-124; and the Building Inspector's June 27, 2025 Notice of Disapproval based on an
application for a permit to demolish and existing dwelling and construct a single family dwelling
and an accessory garage; at: 1) dwelling is located less than the code required minimum front
yard setback of 35 feet; 2) accessory garage is located in other than the code permitted rear yard;
located at: 3360 Minnehaha Blvd. (Adj. to Corey Creek), Southold, NY. SCTM No. 1000-87-3-
66.4. RESOLUTION: (Please see transcript of written statements prepared under separate
cover). After receiving testimony, a motion was offered by Chairperson Weiseman, seconded by
Member Steinbugler to Close Hearing and Reserve Decision. Vote of the Board: Ayes: All.
This Resolution was duly adopted (5-0).
Minutes of November 6, 2025 Regular Meeting
Page 6
1:59 P.M. —ROBERT AND NANCY BERTORELLO - #8057—By James DeLucca,
Representative. Opposed Scott Masterson,North Fork Country Club. Request for variances
from Article III Section 280-15; and the Building Inspector's July 2, 2025 Notice of Disapproval
based on an application or permit to construct an accessory garage and to legalize an existing
shed; at: 1) accessory garage is located in other than the code permitted rear yard; 2) accessory
shed is located in other than the code permitted rear yard; located at: 1800 Country Club Drive,
Cutchougue,NY. SCTM No. 1000-109-3-2.18. After receiving testimony, a motion was offered
by Chairperson Weiseman, seconded by Member Planamento to Adjourn the Public Hearing to
obtain response from LWRP Coordinator. Vote of the Board: Ayes: All. This Resolution
was duly adopted(5-0).
2:36 P.M. —ISAAC AND STEPHANIE ISRAEL- #8051 —By Anthony Portillo, Representative.
Isaac Israel, Owner. Request for a variance from Article XXIII Section 280-124 and the
Building Inspector's July 10, 2025 Notice of Disapproval based on an application for a permit to
demolish(by Southold Town definition) an existing single family dwelling and construct a new
single family dwelling; at: 1) less than the code required minimum rear yard setback of 50 feet;
located at: 300 Private Road#4, (Diachun Road), Laurel, NY. SCTM No. 1000-127-8-17.4.
After receiving testimony, a motion was offered by Chairperson Weiseman, seconded by
Member Steinbugler to Close Hearing and Reserve Decision. Vote of the Board: Ayes: All.
This Resolution was duly adopted (5-0).
2:45 P.M. —615 PIKE STREET, LLC - #8035SE—By Anthony Portillo, Representative.
Request for a Special Exception pursuant to Article X, Section 280-45B(9) of the Southold Town
Code, and the Building Inspectors May 7, 2025 Notice of Disapproval, to construct a one-story
commercial building with four (4) retail/takeout units and basement storge; located at 615 Pike
Street, Mattituck,NY. SCTM No. 1000-140-2-21. After receiving testimony, a motion was
offered by Chairperson Weiseman, seconded by Member Steinbugler to Adjourn the Public
Hearing to February 5, 2026. Vote of the Board: Ayes: All. This Resolution was duly adopted
(5.0�
VI. RESOLUTIONS: 2:56 P.M.
a) RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded
by Member Steinbugler to authorize advertising of hearings for the Regular Meeting to
be held on Thursday, December 4, 2025, which will commence at 9:00 A.M. for Work
Session, and Regular Meeting to begin at 10:00 A.M. Vote of the Board: Ayes: All.
This Resolution was duly adopted(5-0).
b) RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded
by Member Planamento to approve minutes from the Special Meeting held on October
16, 2015. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
Minutes of November 6, 2025 Regular Meeting
Page 7
c) RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded
by Member Planamento to Grant a Second One (1) year extension to #7046SE, 56655
Main Street LLC, (The Enclaves Hotel and Restaurant) 56655 Main Road, Southold,NY.
SCTM No. 1000-6303015, to Expire December 2, 2026. Vote of the Board: Ay es: 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 2:57 P.M.
Respectfully submitted,
Oona kesrmann
Office Assistant
Included by Reference: Filed ZBA Decision (1)
6egsfielKa es Weisman, Chairperson/ /Z f/2025
Approved for Filing and Adopted