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Home My WebLink AboutZBA-10/29/2009Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road EO. 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, OCTOBER 29, 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, October 29, 2009 commencing at 9:30 A.M. Present were: Gerard P. Goehringer, Chairman/Member Michael A. Simon, Member Leshe Kanes Weisman, Member Ken Schneider, Member George Homing, Member (left 1:38 p.m.) Jennifer Andaloro, Assistant Town Attorney Linda Kowalski, ZBA Confidential Secretary Lucille Cappabianea, Legal Stenographer 9:46 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: STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS (SEQRA): A. BOARD RESOLUTION: Motion was made by Chairman Goehringer, seconded by Member Weisman, to declare the following Declarations: Type II Actions with no further steps regarding requests setback, dimensional, lot waiver, accessory apartment, bed and breakfast requests: KEVIN and BETTY ANN MORRIS #6328 KATHRYN FARRAND-MOONEY #6325 LORRAINE PARRA #6324 JON and JENNIFER SHIPMAN #6327 STEVE and OLGA TENEDIOS #6323 CHRIS MESKOURIS #6326 LOUIS and LUBA CORSO #6316 BARBARA SHINN #6308 Page 2 - Minutes Regular Meeting held October 29, 2009 Southold Town Zoning Board of Appeals B. SEQRA Reviews Pending: (Tabled, Additional Information to be submitted): ROMANELLI REALTY INC. # 6100 Variances, also # 6224 - Special Exceptions for commercial uses (contractors' yards). C. SEQRA Reviews Pending: (Tabled, Possible Additional Information will be made available during SEQRA Process before returning to hearing calendar): Harbes Family Farm #6106 Variances. D. SEQRA Reviews Pending: (Tabled pending Lead Agency Determination): WILLIAM A. PENNEY III # 6319 Special Exception only. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). PUBLIC HEARINGS: The following public hearings were held, with Chairman Goehringer introducing each application, and Member reading of the Legal Notice as published. 9:47 A,M. BABS CORP. # 6284: After opening hearing, receive testimony and Move to adjourh without a date (applicant's request), pending apphcant's submission of revised setback and additional mailings under Chapter 58 for notice of final hearing. (This was a ~arryover from 6/25 and 8/27 for apphcant's revised maps). Property Location: 13105 Main Road, Mattituck; CTM 140-3-39. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) Motion was offered by G0ehringer, seconded by Member Weisman, to recess the heating without a date. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). RESOLUTIONS/UPDATED REVIEWS/OTHER: A. APPROVAL OF MINUTES/RESOLUTION ADOPTED: Motion was offered by Member Weisman, seconded by Chairman Goehrniger, and duly carried, to accept and authorize filing of Minutes with the Town Clerk's Office, as prepared for ZBA Meetings held Obtober 22, 2009. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). B. Work Session: Further discussion on Walz. Jennifer Andaloro, Assistant Town Attorn~y will set up time with ZBA Members, for further code changes. Tentatively set for 'the week of November 16, 2009. PUBLIC HEARINGS (continued): The following public hearings were held, with Chairman Goehringer introducing each application, and Member reading of the Legal Notice as published. 9:53 A.M. KEVIN and BETTY ANN MORRIS #6328 by Betty Ann Morris. Request for a Variance under Section 280-124 based on the Building Inspector's May 27, 2009 Notice of Disapproval concerning additions and alterations (to the existing single- family dwelhng) which will be less than the code-required minimum setback of 10 feet on a single side yard, at 435 Oak Street, Cutchogue; CTM 136-1-27. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, Page 3 - Minutes Regular Meeting held October 29, 2009 Southold Town Zoning Board of Appeals seconded by Members Weisman and Simon, to close the hearing, reserving decision. Vote of The Board: Ayes: All. This Resolution was duly adopted (5-0). PUBLIC HEARINGS (continued): The following public hearings were held, with Chairman Goehringer introducing each application, and Member reading of the Legal Notice as published. 10:03 A.M. KATHRYN FARRAND-MOONEY # 6325 by P. Moore, Esq. and Mr. Mooney (in audience). Request for a Variance under Section 280-122A and ZBA Zoning Interpretation # 5039, based on the Building Inspector's July 9, 2009 Notice of Disappxoval concerning an application for a building permit to construct renovations and additions to the existing dwelling, for the reasons that the new construction will create a new nonconformance with regarding to a single side yard at less than 15 feet, and total side yards at less than 35 feet. (Note: This lot appears to be between 20,000 and 3~i000 square feet after deleting the land below the bluff or bank of Little Peconic Bay.) Location of Property: 1769 Smith Road, Peconic; CTM 1000-98-4-20. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Homing, to close the hearing, reserving decision pending receipt of any additional information (ff needed), after inspection. Vote of The Board: Ayes: Ail. This R~solution was duly adopted (5-0). 10:22 A.M. LORRAINE PARRA # 6324 by Nancy Dwyer, for applicant. Requests for Variances under Section 280-124 based on the Building Inspector's July 8, 2009 Notice of Disapproval which states that the new addition/alteration (to the existing single family dwelling) will be less than the code.required minimum of 35 feet and will exceed the maximum lot coverage of 20%, after creating new habitable floor space on this +/- 2,475 square foot lot, at 970 Seventh Street, Greenport; CTM 1000-48-2-19. 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 information regarding location of sanitary system from Agent. Vote of The Board: Ayes: All. This Resolution was duly adopted (5-0). 10:37 A.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 R~solution was duly adopted (5-0). 10:45 A.M. RESOLUTION (RECONVENE): Motion was offered by Member Homing, seconded by Chairman Goehringer, to reconvene the meeting. Vote of the Board: Ayes: Ail. This Resolution was duly adopted (5-0). 10:45 A.M. JON and JENNIFER SHIPMAN #6327 by Jon and Jennifer Shipman. Request for a Variance under Section 280-124 based on the Building Inspector's June 17, 2009 Notice of Disapproval concerning an addition to the existing single-family dwelling with a front yard setback at less than the code-required 50 feet, at 4745 Elijahs Lane, Mattituck; CTM 1000-100-4-11. 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 (5-0). Page 4 - Minute; Regular Meeting held October 29, 2009 Southold Town Zoning Board of Appeals PUBLIC HEARINGS (continued): The following public hearings were held, with Chairman Goehringer introducing each application, and Member reading of the Legal Notice as published. 10:45 A.M. STEVE and OLGA TENEDIOS # 6323 by P. Moore, Esq., Steve Tenedios, Mark Schwartz, Architect and G. Stankavich, Esq., opposition. Location of Property: 17327 Main Road (private right-of-way), Lot 6 on a Map of Brionn Gloid By the Sea, East Marion; CTM 1000-23-1-14.10 adjacent to the Long Island Sound. Requested are Variances under Sections 280-15(C and F), based on a building permit application and the Building Inspector's Notice of Disapproval dated July 7, 2009 concerning the following proposed new construction: A) The proposed garage with pergola structure is not permitted: 1. with a setback less than 55 feet from the front yard line along the right-of-way; 2. in a side yard when a front yard or rear yard location is code- required on a waterfront parcel; 3. with a size that exceeds the code limitation of 750 square feet; ~B) The proposed accessory pool building is not permitted: ~ 1. with a size that exceeds the code limitation of 750 square feet; 2. with dormer proposed in excess of the code limitation of 40% of roof width; C) The proposed swimming pool is not permitted in a side yard when a front yard or rear yard location is code-required. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Horning, to adjourn the hearing to January 14, 2010 with Alternate Plan and all documents requested by Mr. Stankavich, Esq., to be received by January 4, 2010. Mr. Stankavich, Esq., to submit 6 additional copies of all documents (Exhibits A, B and C) submitted at Public Hearing. Vote of The Board: Ayes: All. This Resolution was duly adopted (5-0). 12:50 P.M. CHRIS MESKOURIS # 6326 by Frank Notaro, Architect. Request for Variances under Section 280-124 based on the Building Inspector's revised July 16, 2009 Notice of Disapproval concerning a new pergola and new patio (after removal of deck) with a setback at less than 10 feet on a single side yard, less than 25 feet on total side yards, and exceeding the code limitation of 20% lot coverage on this 6,045 square feet lot (measured from the Coastal Erosion Line), at 1400 Sound Beach Drive, Mattituck adjacent to Long Island Sound; CTM 1000-106-1-35.1. 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 pending receipt of amended plan with reduced lot coverage, reserving decision. Vote of The Board: Ayes: All. This Resolution was duly adopted (5-0). 1:11 p.M. Appeal # 6316 by LOUIS and LUBA CORSO, by P. Moore, Esq., 13451 Oregon. Road, Cutchogue, appealing Building Permit #34590 dated 4/8/09 and CO # Z- 33674 dated 4/27/09 concerning an as-butt agricultural hoop house for storage on property owned by TIMOTHY AND JEANNE STEELE at 13795 Oregon Road, Page 5 - Minutes Regular Meeting held October 29, 2009 Southold Town Zoning Board of Appeals Cutchogue; CTM 1000-83-2-10.16. 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 adjourn the hearing to January 14, 2010, per request submitted 10/27 by property owner T. Steele, in order to obtain counsel. Vote of The Board: Ayes: All. This Resolution was duly adopted (5-0). PUBLIC HEARINGS (continued): The following pubhc hearings were held, with Chairman Goehringer introducing each apphcation, and Member reading of the Legal Notice as published. 1:30 p.M. BARBARA SHINN # 6308 by David Page, John Rochetta, Certified Installer for Green Logic; Chris Baez, Chair, Agricultural Advisory Committee. (Hearing reopened as per Board Resolution). 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 requirement for a minimum distance from a property hne, 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 hne bordering an existing residential structure. The proposed location is shown ~136.5 feet measured easterly to other land identified as CTM 100-4-4; zero feet from the apphcant's agricultural land along the west, and +/- 18 feet from the applicant's agricultural land south of the wind turbine. The apphcant'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) and 1000-100-4-4. 1:35 P.M. RESOLUTION (ARRAIGNMENT): Motion was offered by Chairman Goehringer, seconded by Member Weisman, to recess for Court Arraignment. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:38 P.M. Member Horning left. 2:14 P.M. RESOLUTION (RECONVENE): Motion was offered by Chairman Goehringer, seconded by Member Weisman, to reconvene the meeting. Vote of the Board: Ayes: Ail. This Resolution was duly adopted (4-0). Member Homing was absent. 2:14 P~M. BARBARA SHINN #6308 (Continued) by David Page, John Rochetta, Certified Installer for Green Logic; Chris Baez, Chair, Agricultural Advisory Committee. (Hearing reopened as per Board Resolution). 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 requirement for a minimum distance from a property hne, 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 identified as CTM 100-4-4; zero feet from the applicant's agricultural land along the west, and +/- 18 feet from the apphcant'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) and 1000-100-4-4. BOARD Page 6 - Minutes Regular Meeting held October 29, 2009 Southold Town Zoning Board of Appeals 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 information from USDA regarding grant information as discussed at hearing with applicant. Vote of The Board: Ayes: All. This Resolution was duly adopted (4-0). Member Homing was absent. There being no other business properly coming before the Board at this time, Chairman Goehringer declared the meeting adjourned. The meeting was adjourned at 3:00 P.M. Respectfully submitted, ~" . / ./ .~/f'/j Linda Kowalski 11/04/2009 ,/~]erard P. Goehrin~r, ~ha~an 11//M2009 .~proved for Filing Resolution Acce~ting for Fihng 11/12/2009