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HomeMy WebLinkAboutZBA-04/02/2026 BOARD MEMBERS ��0f SO!/� 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. cr, 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 TOWN OF SOUTHOLD Tel. (631) 765-1809 MINUTES REGULAR MEETING THURSDAY,APRIL 2, 2026 A Regular Meeting of the SOUTHOLD TOWN ZONING BOARD OF APPEALS was held at the Southold Town Hall Annex Lower Level, 54375 Main Road, Southold,New York 1197-1-0959, and also accessible via Zoom Webinar Portal on Thursday,April 2,2026 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 9:17 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 9:17 A.M. 9:17 A.M.—A Motion was offered by Chairperson Weisman, seconded by Member Steinbugler 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). 10:00 A.M. —A Motion was offered by Chairperson Weisman, seconded by Member Steinbugler to exit the Executive Session. Vote of the Board: Ayes: Members Weisman, Planamento,Acampora,Lehnert and Steinbugler. This resolution was duly adopted(5-0). �Y*x II. WORK SESSION: 1. Requests from Board Members for future agenda items. 2. Requests for extensions and de minimus approvals. Minutes of April 2,2026 Regular Meeting Page 2 3. The Board discussed public hearing adjournments for#8042-1460 The Strand, LLC and #8035SE-615 Pike Street to May 7, 2026. III. STATE ENVIRONMENTAL OUALITY 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: Michael Dealy -#8107 St. John's Episcopal Church—Fishers Island-#8095 Christopher and Alyssa Constant-#8090 Bill and Christina Livanos-#8094 Eloise Patterson/Corcoran EP 20yr FI QPRT-#8091 Caroline Schrank—8092SE Samid Hussain-#8093 Braveporter,LLC/Joe Iavarone -#8048 Vote of the Board: Ayes: Members Weisman,Planamento,Acampora,Lehnert and Steinbugler. This resolution was duly adopted(5-0). 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 RELIEF IN PART/DENY IN PART WITH CONDITIONS: Marianna AugustBMB Homes,Inc.#8068 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. 10:07 A.M.—MICHAEL DEALY-#8107—By William Walters, Representative. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's December 17, 2025,AMENDED February 19, 2026 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool; at: 1)more than the code permitted maximum lot coverage of 20%; located at: 3080 Bayshore Road, Greenport. SCTM No. 1000-53-6-39. RESOLUTION: (Please see transcript Minutes of April 2, 2026 Regular Meeting Page 3 of written statements prepared under separate cover). After receiving testimony, a motion was offered by Chairperson Weisman, seconded by Member Planamento to CLOSE and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). 10:14 A.M. - ST. JOHNS EPISCOPAL CHURCH—FISHERS ISLAND-#8095—By Martin Finnegan, Attorney. Request for Variances from Article III, Section 280-18 and the Building Inspector's November 7, 2025 Notice of Disapproval based on an application for a permit for a lot line modification; at: 1) proposed lot no. 14 having less than the code required minimum lot size of 40,000 square feet in area; 2) proposed lot nos. 14 and 16.1 having less than the code required minimum lot depth of 175 feet; 3) cottages(two) located on proposed lot nos. 14 and 16.1 less than the code required minimum side yard setback of 15 feet; 4)existing cottage on proposed lot no. 16.1 constitutes a non-permitted second use; at: 806 Oriental Avenue, Fishers Island,NY. SCTM Nos. 1000-9-5-14 and 1000-9-5-16.1. RESOLUTION: (Please see transcript of written statements prepared under separate cover). After receiving testimony, a motion was offered by Chairperson Weisman, seconded by Member Planamento to CLOSE and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0 . 10:26 A.M. - CHRISTOPHER AND ALYSSA CONSTANT-#8090—By Martin Finnegan,Attorney; Kate Samuels,Representative; Christopher Constant, Owner. Support from Tim Frost and Dave Kapell. Request for Variances from Article XXZII, Section 280-124;Article XXXVI, Section 280-207;Article XXXVI, Section 280-208; and the Building Inspector's October 2, 2025,Amended November 25, 2025 Notice of Disapproval based on an application for a permit to demolish(per Southold Town definition) and construct a new single family dwelling; at: 1) located less than the code required minimum secondary front yard setback of 20 feet; 2) located less than the code required minimum rear yard setback of 35 feet; 3)more than the code permitted maximum lot coverage of 20%; 4)gross floor area exceeding permitted maximum square footage for lot containing up to 10,000 square feet in area; 5)the construction exceeds the permitted sky plane as defined in Article I, Section 280-4 of the Town Code; located at: 2655 Village Lane, Orient,NY. SCTM No. 1000-26-1-22. 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). 10:52 A.M. -BILL AND CHRISTINA LIVANOS -#8094—By Chuck Thomas, Representative. Request for Variances from Article III, Section 280-15; and the Building Inspector's October 6, 2025 Notice of Disapproval based on an application for a permit to demolish an existing dwelling and construct a new single family dwelling and install an in-ground swimming pool; at: 1) swimming pool is located in other than the code permitted rear yard; 2) existing shed is partially located in other than the code permitted rear yard; located at: 1795 Summit Drive, Mattituck,NY. SCTM No. 1000-106-1-30.2. RESOLUTION: (Please see transcript of written statements prepared under separate cover). After receiving testimony, a motion was offered by Chairperson Weisman, seconded by Member Planamento to CLOSE and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-OZ 11:04 A.M. -ELOISE PATTERSON/CORCORAN EP 20YR FI OPRT-#8091 —By Abby Boedigheimer,Representative. Request for a Variance from Article III, Section 280-15 and the Building Inspector's October 21, 2025 Notice of Disapproval based on an application for a permit to construct an accessory garage with attached storage,half bathroom and outdoor shower; at: 1) located in other than the code permitted rear yard; located at: 45 Avenue B,Fishers Island,NY. SCTM No. 1000-6-2-10. RESOLUTION: (Please see transcript of written statements prepared under separate cover). After Minutes of April 2,2026 Regular Meeting Page 4 receiving testimony, a motion was offered by Chairperson Weisman, seconded by Member Steinbugler to ADJOURN HEARING to April 16,2026. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). 11:18 A.M. - CAROLINE SCHRANK—8092SE—By John Cunniffe, Representative and Caroline Schrank, Owner. Privacy concerns from Joseph Fischetti. 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(not built)accessory structure; at: 1865 Westphalia Road, Mattituck#1000-141-1-4. RESOLUTION: (Please see transcript of written statements prepared under separate cover). After receiving testimony, a motion was offered by Chairperson Weisman, seconded by Member Lehnert to ADJOURN HEARING to May 7,2026. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). 12:04 P.M. Motion was offered by Chairperson Weisman, seconded by Member Lehnert for a Lunchtime 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 Planamento to Reconvene the Public Hearing. Vote of the Board: Ayes: All. This resolution was dull adopted(5-0). PUBLIC HEARINGS: Continued: 1:12 P.M. - SAMID HUSSAIN-#8093—By Patricia Moore,Attorney and Samid Hussain, Owner. Request for Variances from Article III, Section 280-15; and the Building Inspector's December 1, 2025 Notice of Disapproval based on an application for a permit to legalize an as-built hot-tub and a sauna accessory to a single family dwelling; at: 1)both hot tub and sauna are located in other than the code permitted rear yard; located at: 1415 North Parish Drive, (adj. to Southold Bay) Southold,NY. SCTM No. 1000-71-1-14. RESOLUTION: (Please see transcript of written statements prepared under separate cover). After receiving testimony, a motion was offered by Chairperson Weisman, seconded by Member Acampora to CLOSE and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). 1:24 P.M. - BRAVEPORTER.LLC/JOE IAVARONE-#8048—(Adj. from December 4,2025)By Patricia Moore,Attorney. 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 (raenveAe to r-eun 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 side yard setback of 25 feet; 4)more than the code permitted maximum lot coverage of 20%; located at: 1425 Bay Avenue, (Adj.to Marion Lake)East Marion,NY. SCTM No. 1000-31-9- 7.3. RESOLUTION: (Please see transcript of written statements prepared under separate cover). After Minutes of April 2,2026 Regular Meeting Page 5 receiving testimony, a motion was offered by Chairperson Weisman, seconded by Member Acampora to CLOSE and RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-01- VI. RESOLUTIONS: 1:38 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, May 7, 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 March 19, 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 Adjourn the public hearing of#8042, 1460 The Strand,LLC, SCTM No. 1000-30- 2-66, to May 7,2026). 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 Planamento to Adjourn the public hearing of#8035SE, 615 Pike Street, SCTM No. 1000-140-2- 21, to May 7,2026). 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 Acampora to Grant a One Year Extension of 97751, Charles and Kavita Vansant, 1288 Smith Road,Peconic,NY. SCTM No. 1000-98-4-12, 13, & 14. To expire April 20, 2027. Vote of the Board: Ayes: All. This Resolution was duly dopted 5-0Z There being no other business properly coming before the Board at this time,the Chairperson declared the meeting adjourned. The meeting was adjourned at 1:39 P.M. Respec ily sub e Ki E. Fuentes //t;12026 Board Assistant Includ d e erence: File 'ZBA Decision (1) RECEIVED cc Cq G �- APR 17 2026 Les ' anes W isman, Ch 'rperson /!�/2026 ' Approved for Filing and Adopted 'Southold Town Clerk