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HomeMy WebLinkAboutZBA-12/22/2009 SpecialOffice Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road Re. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTI-IOLD Tel. (631) 765-1809 Fax (631) 765-9064 MINUTES SPECIAL MEETING TUESDAY, DECEMBER 22, 2009 A Special Meeting of the SOUTHOLD TOWN ZONING BOARD OF APPEALS was held at the Southold Town Hall Annex (Capital One Building), Fimt Floor, Conference Room, 54375 Main Road, Southold, New York. Present were: Gerard P. Goehringer, Chairman/Member Michael A. Simon, Member (5:10 p.m. to end) Leslie Kanes Weisman, Member Ken Schneider, Member Vicki Toth, ZBA Confidential Secretary Absent was: George Homing, Member 5:00 P.M. Chairman Gerard P. Goehdnger called the meeting to order and proceeded with agenda items as follows: STATE ENVIRONMENTAL QUALITY REVIEW: A. New Applications: reviews (pending). B. SEQRA Reviews Pending: (Tabled, Additional Information to be submitted): ROMANELLI REALTY INC. #6100 Variances, also ~224 - Special Exceptions for commemial uses (contractor's yard) 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. Motion to Acknowledge the above SEQRA status as noted: by Chairman Member Goehdnger, seconded by Member Weisman. Vote of the Board: Ayes: All. This Resolution was duly adopted- 4-0. Page 2 - Minutes Special Meeting held December 22, 2009 Southold Town Zoning Board of Appeals CARRYOVER APPLICATION PENDING DELIBERATIONS, DECISIONS, OR OTHER RESOLUTIONS: The Board discussed each of the following applications. Present were: David Page, Barbara Shinn and (Suffolk Times reporter) SHINN VINEYARDS LLC and BARBARA SHINN # 6308. (PH 10/29/09) concerning an application for Variances from Town Code Chapter 277, Section 277-3B(1), based on the Building Inspector's Apdl 8, 2009 Notice of Disapproval stating that the proposed wind turbine is not meeting the code requirement 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 eastedy to other land identified as CTM 1000-100-4-4; zero PH concluded 10/29/09 feet from the applicant's agricultural land along the west, and +/- 18 feet from the applicant'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: Motion was moved by Chairman Goehdnger, seconded by Member Weisman, to table decision, pending further information. Vote of the Board: Ayes: All. (Member Homing was absent.) This Resolution was duly adopted (4-0). PH concluded on 12/3/09 JOSEPH LOGAN and KELLEY WALKER #6331. (Resolution to confirm acceptance of 12/17/09 submission and close wdtten record for purpose of commencing deliberations). Location of Property: 1110 Orchard Street, Odent, lot containing 16,464 square feet. Requested are Variances from Code Sections 280-15C and 280-124, based on an application for a building permit to construct: (a) additions to the dwelling, (b) a new accessory garage, and (c) swimming pool, and the Building Inspector's July 30, 2009 Notice of Disapproval which states the new construction is not permitted for the following reasons: 1) Additions to the accessory garage result in a size that exceeds the code-limitation of 660 square feet, and 2) Additions and alterations are proposed in excess of the 20% code limitation for all construction areas. BOARD RESOLUTION: Motion was moved by Member Weisman, seconded by Chairman Goehdnger to accept submissions submitted on December 17, 2009 and close wdtten record, reserving decision for possible vote at Public Hearing on Jan. 21, 2010. Vote of the Board: Ayes: All. (Member Homing was absent.) This Resolution was duly adopted (4-0). The Board continued with agenda items, and commenced deliberations on the following applications. The odginal determinations of each of the following applications as decided are filed with the Southold Town Clerk: Approved as Applied: JOYCE ORRIGO ~332 JOHN and LINDA SCOPAZ ~329 PORT OF EGYPT ENTERPRISES by WILLIAM LIEBLEIN ~333 HIGHLAND HOUSE FI, LLC #6337 MAGGI TRAVIS #6334 Page 3 - Minutes Special Meeting held December 22, 2009 Southold Town Zoning Board of Appeals PUBLIC HEARINGS (None). RESOLUTIONS/UPDATED REVIEWS/OTHER: RESOLUTION ADOPTED: Motion was offered by Chairman Goehdnger, seconded by Member Weisman, and duly carried, to authorize advertising of headngs for Regular Meeting to be held January 21, 2010, which Regular Meeting will commence at 9:30 A.M., Town Meeting Hall, 53095 Main Road, Southold. Vote of the Board: Ayes: All. (Members Simon and Homing were absent.) This Resolution was duly adopted (3-0). WORK SESSION: Other items continued from above Agenda, also other/inspections or updates: Code Committee: updates, work session discussions for code changes; LWRP Committee; Planning & Zoning Committee; Other. (None held). RESOLUTION ADOPTED: Motion was offered by Chairman Goehdnger, seconded by Member Weisman, and duly carried, to confirm Zoning Board of Appeals Public Headng Dates and Special Meeting Dates for 2010. Vote of the Board: Ayes: All. (Members Simon and Homing were absent.) This Resolution was duly adopted (3-0). EXECUTIVE SESSION: (None held). Them being no other business pmpedy coming before the Board at this time, Chairman Goehdnger declared the meeting adjourned. The meeting adjourned at 8:00 P.M. Respectfully submitted, Vicki Toth 12/31/09 Include?~,~ce: F~/ZB~isio~s (5)/ pp~r-~ed for Filing Solution Adopted $outhold Tow~ Cierl~