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Home My WebLink AboutZBA-08/27/2009Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailin~ Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 MINUTES REGULAR MEETING THURSDAY, AUGUST 27, 2009 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, August 27, 2009 commencing at 9:30 A.M. Present were: Gerard P. Goehringer, Chairman/Member Michael A. Simon, Member Leslie Kanes Weisman, Member Ken Schneider, Member Jennifer Andaloro, Assistant Town Attorney Linda Kowalski, ZBA Confidential Secretary 9:48 A.M. Chairman Goehringer called the meeting to order with the Pledge of Allegiance. The Board proceeded with the first item on the Agenda as follows: I. A. STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS (SEQRA): BOARD RESOLUTION: Motion was made by Chairman Goehringer, seconded by Member Weisman, to ;declare the following Declarations: q~pe II Actions with no further steps regarding requests setback, dimensional, lot waiver, accessory apartment, bed and breakfast requests: ANTHONY and LISA SANNINO #6194 NORMAN and APRIL WENK #6304 CHRISTINE and JAMES FRANKE #6305 MARY GABRIEL #6310 JOHN and BARBARA SEVERINI # 6309 MICHAEL MONGELLO AND JOSEPH FINORA #6307 WILLIAM R. and MARLEN BLOETHE #6303 KELLY MYERS #6306 and #6330 B. SEQRA Reviews Pending: (Tabled, Additional Information to be submitted): ROMANELLI REALTY INC. # 6100 Variances, also # 6224 - Special Exceptions for commercial uses (contractors' yards). Page 2 - Minutes Regular Meeting held August 27, 2009 Southold Town Zoning Board of Appeals C. SEQtLi Reviews Pending: (Tabled, Possible Additional Information will be made available during SEQRA Process before returning to hearing calendar): Harbes Family Farm #6106 Variances. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). III. PUBLIC HEARINGS: The following pubhc hearings were held, with Chairman Goehringer introducing each apphcation, and Member reading of the Legal Notice as published: 9:49 A.M. ANTHONY and LISA SANNINO # 6194 by Anthony and Lisa Sannino. Al Summerstat and wife Frances Slezak, opposition. Request Special Exception under Zoning Code Section 280-13B(14). The Applicants are the owners requesting authorization to establish an Accessory Bed and Breakfast, accessory and incidental to their residential occupancy in this single-family dwelling, with one bedroom for lodging and serving of breakfast to the B & B casual, transient roomers. Location of Property: 7490 Alvahs Lane, Cutchogue; CTM 101-1-14.4. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimbr~y, motion was offered by Chairman Goehringer, seconded by Member Weisr~n, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resoldtion was duly adopted (4-0). 10:35 A.M. NORMAN and APRIL WENK # 6304 by Charles Thorpe, Contractor for Mark ,Schwartz, Architect; also Brandon Wenk son of Norman and April Wenk present. Request for a Variance from Zoning Code Section 280-116, based on the Buildifig Inspector's April 22, 2009 Notice of Disapproval concerning proposed additions to the existing dwelling at less than the code-required minimum of 75 feet from the bulkhead adjacent to Gardiners Bay. Location of Property: 415 South Lane (a/k/a Huckleberry Hill Road), East Marion; CTM 31-16-2.2. BOARD RESOLUTION: (Pleas~ see transcript of written statements prepared under separate cover.) After receivipg testimony, motion was offered by Chairman Goehringer, seconded by Member Weisman, to close the hearing, reserving decision. Vote of the Board: Ayes: All. Tl~is Resolution was duly adopted (4-0). 10:50 A.M. CHRISTINE and JAMES FRANKE # 6305 by Amy Martin, Fairweather Brown Design. Request for a Variance from Zoning Code Section 280-124, based on the Building Inspector's February 19, 2009 Notice of Disapproval concerning proposed additibps and alterations to the existing single-family dwelhng with a setback at less than the minimum code-required 40 ft. front yard setback, at 32345 Main Road and Bight Road, Orient; CTM 14-2-17.1 (parcel contains 29,119 square feet). BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.): After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Weisman, to close the hearing, reserving decision. Vote of the Board:'Ayes: All. This Resolution was duly adopted (4-0). 11:02 ~.M. MARY GABRIEL # 6310 by Linda Beutelschies, Architect. Request for Variances from ZBA Decision #5199 to remove Condition that the construction for a deck r~main open to the sky, and from Zoning Code Section 280-122, based on the Bufldifig Inspector's April 7, 2009 Notice of Disapproval, to build an enclosed addition to the dwelling, instead of a deck open to the sky, with a setback at less than 35 feet Page 3 - Minutes Regular Meeting held August 27, 2009 Southold Town Zoning Board of Appeals from the rear lot hne, at 1115 Sound Drive, Greenport; CTM 33-4-74. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Weisman, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 11:06 A.M. JOHN and BARBARA SEVERINI # 6309, by Rob Hermann, En- Consultants. Requests for Variances under Sections 280-116 and 280-124, based on the Building Inspectbr's January 26, 2009 Notice of Disapproval concerning a proposed addition to the existing dwelling, which new construction will be: (1) less than the code required minimum of 15 feet on a single side yard, and (2) less than 75 feet from the bulkhead adjacent to Fordham Canal Location of Property: 565 Gull Pond Lane, Greenport; CTM 1000-35-4-28.27. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Weisman, to close the hearing, reserving decision pending receipt of letter from owner regarding neighbor's trees. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 11:26 ~k.M. RESOLUTION (BREAK): Motion was offered by Chairman Goehringer, seconded by Member Weisman, to take a short recess. Vote of the Board: Ayes: All. This l~esolution was duly adopted (4-0). 11:34 'A.M. RESOLUTION (RECONVENE): Motion was offered by Chairman Goehringer, seconded by Member Weisman, to reconvene the meeting. Vote of the Board?Ayes: All. This Resolution was duly adopted (4-0). III. PUBLIC HEARINGS (continued): The following public hearings were held, with Chairman Goe~hringer introducing each application, and Member reading of the Legal Notice as published: 11:34 A.M. MICHAEL MONGELLO and JOSEPH FINORA #6307, by Joseph Finora, Contradt Vendee. Also present, Mrs. Finora, Michael Mongello and Paul Wolfrom, neighbor. Request for a Waiver under Zoning Code Section 280-11, to unmerge 19,208 square feet of land from the remaining described property. Based on the Building Depart~nent's March 11, 2009 Notice of Disapproval, the properties merged under Section 280-10(A) and were held in common ownership with the first lot at any time after ~ly 1, 1983. The total area in the existing merger consists of 34,018 square feet. Locatidn: 950 Wells Road and 900 Wells Road (at corner of Albo Drive), Laurel. CTM Numbers 1000-126-3-5 and 1000-126-5-7.3 respectively. Zone District: R-40 Residential. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairfi~an Goehringer, seconded by Member Weisman, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 11:47/~.M. WILLIAM R. and MARLEN BLOETHE #6303 by Susan Young, Architect. Request for Variances under Zoning Code Sections 280-122 and 280-124, based on the Building Inspector's April 6, 2009 Notice of Disapproval and ZBA Code Interpretation under R. Walz # 5039. The reasons that the building permit was disapproved concern proposed additions and alterations to an existing single-family dwelling, which new construction will be an increase in the degree of front yard setback nonconformity at less than 35 feet. Also requested is a variance for additions which increase the lot Page 4 - Minutes Regular Meeting held August 27, 2009 Southold Town Zoning Board of Appeals coverage over the code limitation of 20 percent. Location of Property: Greenwood Road, Fishers Island; CTM 1000-12-1-13.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Weisman, to close the hearing, reserving decision pending receipt of amended Notice of Disapproval with regard to the rear yard setback. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 12:05 p.M. KELLY MYERS by Rob Lehnert, Peconic Permit Expeditingl Location of Property: 1730 Deep Hole Drive, Mattituck; CTM 115-12-23.2 (adjacent to Deep Hole Creek). # 6306. Requests for Variances ~rom Zoning Code Section 280-124, based on 'the Building InspectoFs March 25, 2009 Notice of Disapproval concerning a i;~proposed addition to the existing dwelling on this 8,480 square foot lot, with proposed: (1) lot coverage exceeding the code limitation of 20%; (2) a side yard setback at less than 10 feet; (3) both combined side yard setbacks at less than 25 feet. : ~# 6330. Amended Request for Variance from Zoning Code Section 280-116, based on the Building Inspector's amended August 12, 2009 Notice of Disapproval concerning a proposed addition to the dwelling at less than 75 feet from the bulkhead. BOARD RESOLUTION: (Please see transcript of written :'statements prepared under separate cover.) After receiving testimony, motion ~was offered by Chairman Goehringer, seconded by Member Weisman, to close the hearing, reserving decision pending receipt of new measurements and lot coverage information as requested by the Board. Vote of the Board: Ayes: All. '!This Resolution was duly adopted (4-0). 12:16 P.M. BABS CORP. # 6284 Carryover from June 25, 2009 concerning reconstruction of a single-story accessory (barn) building in a nonconforming location, 13105 Main Road, Mattituck; CTM 140-3-39; HB Zone. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Schneider, to adjourn the hearing to October 29, 2009. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). II. RESOLUTONS/DELIBERATIONS/DECISIONS: The Board deliberated on the following apphcations. The originals of each of the following applications were decided, with the original determinations filed with the Southold Town Clerk: APPROVED WITH CONDITIONS: DIANE MANSON and AMORY MILLARD #6298 12:20 P~M. RESOLUTION (LUNCH): Motion was offered by Chairman Goehringer, seconded by Member Weisman, to recess for lunch. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 1:00 P.M. - 1:28 P.M. - Court Arraignment. Page 5 - Minutes Regular Meeting held August 27, 2009 Southold Town Z~ning Board of Appeals 1:28 P;M. RESOLUTION (RECONVENE): Motion was offered by Chairman Goehringer, seconded by Member Schneider, to reconvene the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). III. PUBLIC HEARINGS (continued): The following public hearings were held, with Chairman Goehringer introducing each application, and Member reading of the Legal Notice as published: 1:28 P.M. BARBARA SHINN # 6308 by David Page, owner Shinn Estates and wife Barbara Page. Also present, Joe Fuchs, installer for Greenlogic Energy; William P. Edwards; Vincent Orlando, Councilman. Request for Variances from Town Code Chapter 277, Section 277-3B(1), based on the Building Inspector's April 8, 2009 Notice of Disapproval stating that the proposed wind turbine is not meeting the code requird~ent for a minimum distance from a property line, total height of the small wind energy system plus 10 feet, except that it shall be set back at least 300 feet from a property line bordering an existing residential structure. The proposed location is shown 136.5 feet measured easterly to other land idenU~fied as CTM 1000-100-4-4; zero feet from the applicant's agricultural land along the west, and +/- 18 feet from the applicaht's agricultural land south of the wind turbine. The applicant's properties are shown with an area of 1.2 acres, or 22.49 acres with both the applicant's single-family dwelling and agricultural lands. Location of Property: 2000 Oregon Road, Mattituck; CTM 1000-100-4-part of 3 (now 3.1 and 3.2). BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Members Weisman and Simon, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). V. RESOLUTiONS/UPDATED REVIEWS/OTHER: RESOLUTION ADOPTED: Motion was offered by Chairman Goehringer, seconded by Member Weisman and duly carried to confirm Special Meeting: Tuesday, September 22, 2009 at 6:00 PM to be held at Town Hall Annex at Capitol One Bank Building, Main Road and Youngs Avenue, 2nd Floor Executive Board Room, Southold. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). RESOLUTION ADOPTED: Motion was offered by Chairman Goehringer, seconded by Member Weisman and duly carried to authorize advertising of hearings for Regular Meeting to be held October 1, 2009 commencing at 9:30 A.M., Town Meeting Hall, Main Road, Southold. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). RESOLUTION ADOPTED: Motion was offered by Member Weisman, seconded by Chairman Goehringer, and duly carried to accept submission of Marlborough ZBA #6279, landscape and pool filter location plan, as submitted to the Building Department. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Page 6 - Minutes Regular Meeting held August 27, 2009 Southold Town Zoning Board of Appeals There being no other business properly coming before the Board at this time, Chairman Goehringer declared the meeting adjourned. The meeting was adjourned at 3:05 P.M. Respectfully submitted, ~nda Kowalski 11/04/2009 Include~ Z~B~cision ~) /G/e~ P. ~oel~inge~, Chairm/~ 11//2~/2009 ~Approved for Filing Resolution Accepting for Fi~ng 11/12/2009 I~EC ,E:IVED ~, $oufho~d Town Clod