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HomeMy WebLinkAboutZBA-02/05/2026 BOARD MEMBERS ��OF SOUr 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. v, Office Location: Nicholas Planamento • �OQ Town Annex/First Floor Margaret Steinbugler OIiYC�U 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, FEBRUARY 5, 2026 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, February 5, 2026 commencing at 9:00 A.M. Present were: Leslie Kanes Weisman, Chairperson Kim Fuentes, Board Assistant Nicholas Planamento, Member Elizabeth Sakarellos, Senior Office Assistant Robert Lehnert, Member Donna Westermann, Office Assistant Patricia Acampora,Member Julie McGivney,Assistant Town Attorney Margaret Steinbugler,Member 9:13 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 (5-0). I. EXECUTIVE SESSION: Began at 9:13 A.M. 9:13 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). 10:17 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). II. WORK SESSION: 1. Requests from Board Members for future agenda items. 2. Requests for extensions and de minimus approvals. Minutes of February 5, 2026 Regular Meeting Page 2 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 -48049 Hayley Donaldson#8074 John Lawrence and Kerry Kimmins-Lawrence:#8075SE Diane E. Bianculli#8075SE BKM Properties of Shoreham, Inc. #8077 Vinbar Realty Corp./Vincent Claps#8078SE Christopher Ross, Trustee of Christoper Ross Trust#8079 Irene Vanderschuyt#8082 Gregory Pitaro and Penelope Christophorou#8080 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: DENY RELIEF AS AMENDED: Travis and Sofia Garcelon#8071 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. 10:32 A.M. -JOHN M. HASLBAUER AND KATHLEEN E. HASLBAUER,AS TRUSTEES #8049 By Martin Finnegan,Attorney—(Adjourned from November 6, 2025) 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 an 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 Weisman, seconded by Member Minutes of February 5, 2026 Regular Meeting Page 3 Planamento to ADJOURN without a Date. Vote of the Board: Ayes: All. This Resolution was duly dopted ,5-0). 10:44 A.M. - HAYLEY DONALDSON#8074—By Lisa Poyer, Representative. Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector's September 22, 2025, Notice of Disapproval based on an application for a permit to construct additions and alterations to a single family dwelling; at: 1) less than the code required minimum front yard setback of 35 feet; located at: 710 East Road, Cutchogue,NY. SCTM No. 1000-110-7-20. 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 CLOSE and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0). 10:49 A.M. -JOHN LAWRENCE AND KERRY KIMMINS-LAWRENCE#8075SE—By John Pschemica, Representative, John Lawence and Kerry Kimmins, Owners. Opposition from Robin Newman and Brian Retus. Applicant requests a Special Exception under Article III, Section 280- 13B(13). The Applicant is owner of the subject property requesting authorization to establish an Accessory Apartment in an existing accessory structure; at: 110 Soundview Road, Orient,NY. SCTM#1000-15-3-33. 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 and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). 11:15 A.M. - DIANE E. BIANCULLI #8075SE—By Diane Bianculli and Phillip Bianculli, Owners. Opposition from Ellen Lemonda, Patty Young, and Dave Ciaro. Applicant requests a Special Exception under Article III, Section 280-13B(13). The Applicant is owner of the subject property requesting authorization to construct and establish an Accessory Apartment in a proposed accessory structure; at: 450 Saltaire Way, Mattituck,NY. SCTM#1000-100-1-37. 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 and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 12:09 P.M. - BKM PROPERTIES OF SHOREHAM, INC. #8077—By Victor Prusinowski, Representative. Request for Variances from Article III, Section 280-15;Article XXIII, Section 280- 124; and the Building Inspector's October 21, 2025 Notice of Disapproval based on an application for a permit to construct additions and alterations to a two family dwelling and legalize an accessory shed; at: 1) dwelling less than the code required minimum front yard setback of 35 feet; 2) shed less than the code required minimum rear yard setback of 5 feet; at: 7600 Main Road, East Marion,NY. SCTM#1000-31-6-11. RESOLUTION: (Please see transcript of written statements prepared under separate cover). After receiving testimony, a motion was offered by Chairperson Weisman, seconded by Member Lehnert to CLOSE and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted ,5-0). 12:17 P.M. -VINBAR REALTY CORPJVINCENT CLAPS #8078SE—By Joan Chambers, Representative. Applicant requests a Special Exception under Article III, Section 280-13B(13). The Applicant is owner of the subject property requesting authorization to construct and establish an Accessory Apartment in an existing accessory structure; at: 2230 Mill Lane, Mattituck,NY. SCTM#1000-107-10-9.1. RESOLUTION: (Please see transcript of written statements prepared Minutes of February 5, 2026 Regular Meeting Page 4 under separate cover). After receiving testimony, a motion was offered by Chairperson Weisman, seconded by Member Lehnert to CLOSE, Subject to Receipt of additional information. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). 12:22 P.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento for a short recess. Vote of the Board: Ayes: All. This resolution was duly adopted(5-0). 1:12 P.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 (5-0). PUBLIC HEARINGS: Continued: 1:12 P.M. - CHRISTOPHER ROSS,TRUSTEE OF CHRISTOPER ROSS TRUST#8079—By Patricia Moore,Attorney and Scott Edgett, Representative. Request for Variances from Article XXIII, Section 280-124;Article XXXVI, Section 280-208A; and the Building Inspector's October 6, 2025,Notice of Disapproval based on an application for a permit demolish(by Southold Town Code Definition) an existing single family dwelling and construct a new two-story single family dwelling; at: 1) less than the code required minimum side yard setback of 10 feet; 2) less than the code required minimum combined side yard setback of 25 feet; 3) more than the code permitted maximum lot coverage of 20%; 4) the construction exceeds the permitted sky plane as defined in Article I, Section 280-4 of the Town Code; 3340 Park Avenue (Adj to Great Peconic Bay), Mattituck,NY. SCTM No. 1000-123-8-21. 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 and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:30 P.M.—IRENE VANDERSCHUYT#8082—By Patricia Moore,Attorney, and Irene and Norman Vanderschuyt, Owners. Request for a Waiver of Merger petition under Article II, Section 280-10A, to umnerge land identified as SCTM No. 1000-52-5-18 which has merged with SCTM No. 1000-52-5-17, based on the Building Inspector's October 16, 2025,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 875 and 975 Bayview Ave. Greenport,NY SCTM# 1000-52-5-17 & 1000-525-18. 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 and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 2:03 P.M. - GREGORY PITARO AND PENELOPE CHRISTOPHOROU#8080—By Chris Rivera, Representative. Request for a Variance from Article XXII, Section 280-10513; and the Building Inspector's October 31, 2025,Notice of Disapproval based on an application for a permit to construct a padel court(accessory to a single family dwelling) having proposed court walls ten(10) Minutes of February 5, 2026 Regular Meeting Page 5 feet in height; at: 1) walls are more than the code required maximum six and one half feet(6-1/2) feet in height when located in the side and rear yards; located at: 2465 Wunneweta Road, Cutchogue, NY. SCTM No. 1000-111-8-6.1. RESOLUTION: (Please see transcript of written statements prepared under separate cover). After receiving testimony, a motion was offered by Chairperson Weisman, seconded by Member Steinbugler to CLOSE and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). VI. RESOLUTIONS: 2:15 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, March 5, 2026, which will commence at 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 January 22, 2026. 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 Steinbugler to GRANT a One Year Extension to#7620, Mark Riesenfeld, 800 Village Lane, Orient, SCTM No. 1000-25-1-15. To Expire June 16, 2027. 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 Planamento to GRANT an Extension to #7561 (Expired on November 18, 2024), Christopher and Amy Astley, 480/320 North View Drive, Orient, SCTM No. 1000-13-1-52 and 1000-13-1-6. To Expire November 18, 2026. 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 2:17 P.M. Resp ctfully su mi d, Ki E. Fuente �,/ 17/2026 Board Assistant I7slieKanes Reference: Filed ZBA Decision (1) RECEIVED �i FE 25 2 eisman, Chairpersonp� / C,/2026 }( 5 Approved for Filing and Adopted Southold Town Clerk