HomeMy WebLinkAboutZBA-12/04/2025 BOARD MEMBERS ��OF SOUj 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. Office Location:
Nicholas Planamento G,'�c► • �O� Town Annex/First Floor
Margaret Steinbugler Olij'CDU 54375 Main Road(at Youngs Avenue)
+ Southold,NY 11971
http://southoldtownny.gov
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631)765-1809
MINUTES
REGULAR MEETING
THURSDAY, DECEMBER 4, 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, December 4,2025 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
9:03 A.M. Chairperson Weisman called the meeting to order.
Vote of the Board: Ayes: Members Weisman, Planamento,Acampora, Lehnert and Steinbugler.
This Resolution was duly adopted (5-0j.
I. EXECUTIVE SESSION: Began at 9:03 A.M.
9:08 A.M. —A Motion was offered by Chairperson Weisman, seconded by Member Planamento 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 .
10:04 A.M. —A Motion was offered by Chairperson Weisman, seconded by Member Acampora 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 December 4, 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.
3. The Board reviewed comments written by the LWRP Coordinator.
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:
3850 Alvahs Lane, LLC/Cutchogue Vineyard, LLC/Justin Mirro -#8059
Nathan Brzozowski - #8060
Christine Calarco - #8061
Edward A. Harvey and Mary H. Harvey#8062
Marianna August/BMB Homes, Inc. #8068
Jane Beineman and Gianfranco Mitrione#8064
Braveporter, LLC/Joe Iavarone - #8048
Shelter Island Sound, Inc. - #8067
John G. Bradley and Irene Bradley - #8063
Sangrok Lee#8065
Vote of the Board: Ayes: Members Weisman, Planamento,Acampora, Lehnert and Steinbugler.
This resolution was duly adopted (5-0).
IV. POSSIBLE RESOLUTION TO CLOSE/ADJOURN THE FOLLOWING HEARINGS:
ROBERT AND NANCY BERTORELLO - #8057 - Request for Variances from Article III, Section
280-15; and the Building Inspector's July 2, 2025 Notice of Disapproval based on an application for
a 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, Cutchogue,NY. SCTM No. 1000-109-3-
2.18. RESOLUTION: A motion was offered by Chairperson Weisman, 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 December 4, 2025 Regular Meeting
Page 3
V. 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:
DECISION TO UPHOLD THE BUILDING INSPECTOR'S NOTICE OF DISAPPROVAL:
Henry H. Bostic III and Ambriel Floyd Bostic#8055
Vote of the Board: Ayes: Members Weisman, Planamento,Acampora, Lehnert and
Steinbugler. This resolution was duly adopted (5-0).
VI. 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.
10:20 A.M. - 3850 ALVAHS LANE, LLC/CUTCHOGUE VINEYARD, LLC/JUSTIN MIRRO
#8059—By Justin Mirro, Representative. Request for Variances from Article III, Section 280-14 and
the Building Inspector's August 1, 2025 Notice of Disapproval based on an application for a permit
to change a lot line; at: 1)proposed parcel No. 1 having less than the permitted lot area of 80,000 sq.
ft.; 2) proposed parcel No. 1 having less than the permitted lot width of 175 linear feet; 3) proposed
parcel No. 1 having less than the permitted lot depth of 250 linear feet; located at: 3850 and 4050
Alvahs Lane, Cutchogue,NY. SCTM Nos. 1000-102-4-3.4 & 1000-102-4-10. RESOLUTION:
(Please see transcript of written statements prepared under separate cover). After receiving
testimony, a motion was offered by Chairperson Weisman, seconded by Member Planamento to
ADJOURN to the Special Meeting of December 18,2025. Vote of the Board: Ayes: All. This
Resolution was duly adopted(5-0).
10:35 A.M. -NATHAN BRZOZOWSKI -#8060—By Lisa Poyer, Representative and Nathan
Brzozowski, Owner. Request for a Variance from Article III, Section 280-15 and the Building
Inspector's July 31, 2025 Notice of Disapproval based on an application for a permit to construct an
accessory barn; at: 1) located in an area other than the code required rear yard; located at: 34460
NYS Route 25, Cutchogue,NY. SCTM No. 1000-97-2-9.L RESOLUTION: (Please see transcript
of written statements prepared under separate cover). After receiving testimony, a motion was
offered by Chairperson Weisman, seconded by Member Acampora to Close Hearing and Reserve
Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0).
10:51 A.M. - CHRISTINE CALARCO - #8061 — By Martin Finnegan, Attorney. Request for a
Variance from Article XXIII, Section 280-124 and the Building Inspector's June 26, 2025 Notice of
Disapproval based on an application for a permit to demolish (as per Town Code definition) and
reconstruct a single family dwelling; at: 1) more than the code permitted maximum lot coverage of
20%; located at: 245 Glenwood Road, Cutchogue,NY. SCTM No. 1000-110-4-11. RESOLUTION:
(Please see transcript of written statements prepared under separate cover). After receiving testimony,
a motion was offered by Chairperson Weisman, seconded by Member Steinbugler to ADJOURN to
Minutes of December 4, 2025 Regular Meeting
Page 4
the Special Meeting of December 18,2025. Vote of the Board: Ayes: All. This Resolution was duly
adopted (5-0).
11:01 A.M. - EDWARD A. HARVEY AND MARY H. HARVEY#8062—By Martin Finnegan,
Attorney. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's
July 1, 2025,AMENDED September 5, 2025 Notice of Disapproval based on an application for a
permit to demolish(as per Town Code definition) a single family dwelling (per Building Permit
#51905) and reconstruct a single family dwelling with additions and alterations; at: 1) less than the
code required minimum front yard setback of 50 feet; located at: 3549 Clay Point Road, Fishers
Island,NY. SCTM No. 1000-7-2-1. RESOLUTION: (Please see transcript of written statements
prepared under separate cover). After receiving testimony, a motion was offered by Chairperson
Weisman, seconded by Member Acampora to Close Hearing and Reserve Decision. Vote of the
Board: Ayes: All. This Resolution was duly adopted (5-0).
11:08 A.M. - MARIANNA AUGUST/BMB HOMES, INC. #8068—By Anthony Mitola,
Representative. Request for Variances from Article XXIII, Section 280-124 and the Building
Inspector's September 16, 2025 Notice of Disapproval based on an application for a permit to
legalize `as built' alterations to a single family dwelling; at: 1) less than the code required minimum
.front yard setback of 35 feet; 2) less than the code required minimum rear yard setback of 35 feet;
located at: 1900 Gillette Drive, East Marion,NY. SCTM No. 1000-38-2-20. RESOLUTION:
(Please see transcript of written statements prepared under separate cover). After receiving
testimony, a motion was offered by Chairperson Weisman, seconded by Member Lehnert to
ADJOURN to the Public Hearing to March 5,2025. Vote of the Board: Ayes: All. This
Resolution was duly adopted (5-0).
11:24 A.M. - JANE BEINEMAN AND GIANFRANCO MITRIONE#8064—By Martin Finnegan
Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's July 11,
2025 Notice of Disapproval based on an application for a permit to demolish (as per Town Code
definition) a single family dwelling and reconstruct a single family dwelling; at: 1) less than the code
required minimum rear yard setback of 50 feet; located at: 10100 New Suffolk Avenue, Cutchogue,
NY. SCTM No. 1000-116-6-1.2. RESOLUTION: (Please see transcript of written statements
prepared under separate cover). After receiving testimony, a motion was offered by Chairperson
Weisman, seconded by Member Acampora to Close Hearing and Reserve Decision. Vote of the
Board: Ayes: All. This Resolution was dul�pted (4-0). (Member Planamento Recused)
11:29 A.M. - BRAVEPORTER, LLC/JOE IAVARONE - #8048—By Patricia Moore,Attorney; Joe
Iavarone, Owner; and Kate Samuels, Representative. Opposition form Alley Leinweber. Request
for a Reversal of the Building Inspector's June 16, 2025 Notice of Disapproval, or in the Alternative,
a Variance from Article XXIII, Section 280-123A and the Building Inspector's June 16, 2025,
Amended October 6, 2025 Notice of Disapproval based on an application for a permit to legalize the
"as built" demolition(as per Town code definition) and reconstruction of an existing single family
dwelling and to legalize the "as built" demolition(as per Town Code definition) and reconstruction
of an existing seasonal cottage (converted to year-round use) at: 1) cottage is a nonconforming
building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or
moved, unless such building is changed to a conforming use; 2) dwelling less than the code required
minimum side yard setback of 10 feet; 3) dwelling is less than the code required minimum combined
Minutes of December 4,2025 Regular Meeting
Page 5
side yard setback of 25 feet; 4) more than the code permitted maximum lot coverage of 20%; located
at: 1425 Bay Avenue, (Adj. to Maron Lake) East Marion,NY. SCTM No. 1000-31-9-7.3.
RESOLUTION: (Please see transcript of written statements prepared under separate cover). After
receiving testimony, a motion was offered by Chairperson Weisman, seconded by Member
Steinbugler to ADJOURN to the Special Meeting of December 18,2025. Vote of the Board:
Ayes: All. This Resolution was duly adopted(5-0).
12:41 A.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento to
Recess for Lunch. Vote of the Board: Ayes: All. This resolution was duly adopted(5-0).
1:20 A.M. Motion was offered by Chairperson Weisman, seconded by Member Steinbugler to
Reconvene the Public Hearing. Vote of the Board: Ayes: All. This resolution was duly adopted (5-
PUBLIC HEARINGS CONTINUED:
1:20 P.M. - SHELTER ISLAND SOUND, INC. - #8067—By Frank Isler,Attorney. Mark and Isla
Miller, Owners. Request for a Variance from Article III, Section 280-13C(1) and the Building
Inspector's August 11, 2025 Notice of Disapproval based on an application for a,permit to legalize
an"as built" accessory recreational structure upon a vacant lot; at: 1) "as built" construction of a
recreational building and use is not permitted; located at: 900 Paradise Point Road, Southold,NY.
SCTM No. 1000-81-3-25.2. RESOLUTION: (Please see transcript of written statements prepared
under separate cover). After receiving testimony, a motion was offered by Chairperson Weisman,
seconded by Member Steinbugler to Close Hearing and Reserve Decision. Vote of the Board:
Ayes: All. This Resolution was duly adopted (5-0).
1:52 P.M. - JOHN G. BRADLEY AND IRENE BRADLEY-#8063 —By Anthony Portillo,
Representative. Request for Variances from Article III, Section 280-13A(6)(d) and 280-13A(6)(i)
and the Building Inspector's August 27, 2025 Notice of Disapproval based on an application for a
permit to construct additions and alterations to an existing single family dwelling to include a second
story accessory apartment; at: 1) apartment will exceed more the code permitted maximum 25% of
the habitable space of the entire residence; 2) foundation expansion will exceed more than the code
permitted 25% of the living space of the existing dwelling unit; located at: 1450 East Mill Road,
Mattituck,NY. SCTM No. 1000-107-1-2.4. RESOLUTION: (Please see transcript of written
statements prepared under separate cover). After receiving testimony, a motion was offered by
Chairperson Weisman, seconded by Member Planamento to Close Hearing and Reserve Decision.
Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
2:04 P.M. - SANGROK LEE#8065 —By Anthony Portillo, Representative. Request for Variances
from Article III, Section 280-14;Article III, Section 280-15; and the Building Inspector's July 21,
2025,AMENDED August 26, 2025 Notice of Disapproval based on an application for a permit to
construct an accessory in-ground swimming pool and amend a permit for a single family dwelling to
Minutes of December 4, 2025 Regular Meeting
Page 6
add a-roof top deck; at: 1) height at more than the code required maximum of 25 feet for a flat or
mansard roof; 2) accessory swimming pool located in area other than the code required rear yard;
located at: 200 Beebe Drive, (Adj. to Eugene's Creek) Cutchogue,NY. SCTM No. 1000-97-7-1.
RESOLUTION: (Please see transcript of written statements prepared under separate cover). After
receiving testimony, a motion was offered by Chairperson Weisman, seconded by Member Lehnert
to Close Hearing and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly
adopted (5-0).
V1. RESOLUTIONS: 2:21 P.M.
RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by
Member Planamento to authorize advertising of hearings for the Regular Meeting to be held
on Thursday, January 8, 2026, which will commence at 8:30 A.M. for Organizational
Meeting, 9:00 A.M. for Work Session, and Regular Meeting (Public Hearings) to begin at
10:00 A.M. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
RESOLUTION ADOPTED: A Motion was offered by Chairperson Weisman, seconded by
Member Lehnert to approve minutes from the Special Meeting held on November 20, 2025.
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 2:25 P.M.
Respe tfully s bmitted,
Kim E. Fuentes Ja/ i� /2025
Board Assistant
Included by Reference: Filed ZBA Decision(1)
ie Ka.nes eisman, Chairperson /2— /2025
Approved for Filing and Adopted RECEIVED
PRA
Ot�a
Southold Town Clerk