HomeMy WebLinkAboutZBA-01/21/2010Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
Mailing 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, JANUARY 21, 2010
Town Cler[
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,
January 22, 2010 commencing at 9:00 A.M.
Present were:
Leslie Kanes Weisman, Chairperson/Member
Gerard P. Goehringer, Member
Ken Schneider, Member
George Homing, Member
Lucille Cappabianca, Legal Stenographer
Vicki Toth, Secretary
Absent: James Dinizio, Member
9:00 A.M. Chairperson Weisman called the meeting to order with the Pledge of Allegiance.
The Board proceeded with the first item on the Agenda as follows:
I. CARRYOVER DELIBERATIONS and/or POSSIBLE DECISION: LOGAN/WALKER #6331 (PH
concluded 12/3/09, written material accepted by Resolution 12/22/09). BOARD RESOLUTION:
After discussions, motion was offered by Chairperson Weisman, seconded by Member Goehringer
to adjourn to Special Meeting on February 18, 2010, and to request twenty five (25) day extension.
Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0).
9:37 AM RESOLUTION (BREAK): Motion was offered by Chairperson Weisman, seconded by
Member Goehringer, to take short recess. Vote of the Board: Ayes: All. This resolution was duly
adopted (4-0).
9:44 AM RESOLUTION (RECONVENE) Motion was offered by Chairperson Weisman, seconded
by Member Goehringer, to reconvene the meeting. Vote of the Board: Ayes: All. This Resolution
was duly adopted (4-0).
The Board proceeded with the first item on the agenda as follows:
A. STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS (SEQRA): BOARD
RESOLUTION: Motion was made by Chairperson Weisman, seconded by Member
Goehringer, to declare the following Declarations: Type II Actions with no further steps
regarding requests setback, dimensional, lot waiver, accessory apartment, bed and
breakfast requests:
Page 2 - Minutes
Public Hearing- January 21, 2010
Southold Town Zoning Board of Appeals
LAUREN KRUG #6335
LAURENCE S. & LILLIAN SIMPSON #6340
SHEILA CONNEELY ~6356
MARK M & ELIZABETH NARDONE ~6342
WILMINGTON TRUST COMPANY #6343
FRANK J. & DONNA M. SCAROLA and DONNA PERRIN #6350
BRYANT & MERCY McELROY #6346
GWENETH M. KEq-FERER and MARY B. SYKES #6349
THEODORE C. MARTZ, JR. ~6344
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 for Lead Agency Determination). WILLIAM A. PENNEY
III # 6319 - Special Exception regarding Motor Vehicle Sales Use.
D. SEQRA by Planning Board (Lead Agency): Type II Negative Declaration issued October
14,2009. Harbes Family Farm #6106 - Setback Variances.
Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0).
PUBLIC HEARINGS: The following public hearings were held, with Chairperson Weisman
introducing each application, and the assigned Member reading of the Legal Notice as published:
9:46 A.M. LAUREN KRUG #6335 by Lauren Krug. Request for a Variance from Code Section
280~124, based on an application for a building permit and the Building Inspector's August 11,
2009 Notice of Disapproval concerning a proposed addition to a single family dwelling, at less than
the code-required minimum front yard setback of 35 feet, at 45 Oak Road (and Grathwohl Rd.),
New Suffolk; CTM 110-8-9. BOARD RESOLUTION: (Please see transcript of written statements
prepared under separate cover) After receiving testimony, motion was made by Chairperson
Weisman, seconded by Member Goehringer, to close the hearing, reserving decision. Vote of the
Board: Ayes: All. This Resolution was duly adopted (4-0).
9:50 A.M. LAURENCE S, & LILLIAN SIMPSON #6340 by Nancy Dwyer. Request for a
Variance from Code Section 280-124, based on an application for a building permit and the
Building Inspector's August 11, 2009 Notice of Disapproval concerning a proposed addition and
alterations to a single family dwelling, at less than the code-required minimum rear yard setback of
50 feet, at 125 Brigantine Drive, Southold; CTM 71-2-18. BOARD RESOLUTION: (Please see
transcript of written statements prepared under separate cover) After receiving testimony, motion
was made by Chairperson Weisman, seconded by Member Goehringer, to close the hearing,
subject to receipt of survey by licensed surveyor prior to February 18, 2010. Vote of the Board:
Ayes: All. This Resolution was duly adopted (4-0).
9:56AM IV.
A.
RESOLUTIONS/UPDATED REVIEWS/OTHER:
RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded
by member Goehringer, and was duly carried to set Special Meeting date for February
18, 2010 at 6:00 PM. Vote of the Board: Ayes: All. This Resolution was duly adopted
(4-O).
RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded
by member Goehringer, and was duly carried to set next Regular Meeting with Public
Hearings to be held February 25, 2010 at 9:00 AM. Vote of the Board: Ayes: All. This
Resolution was duly adopted (4-0).
Page 3 - Minutes
Public Hearing- January 21, 2010
Southold Town Zoning Board of Appeals
10:02 A.M. SHEILA CONNEELY #6356 by Sheila Conneely. Requests for Variances from Code
Section 280-124, based on an application for a building permit and the Building Inspector's
November 24, 2009 Notice of Disapproval concerning proposed additions and alterations to a
single family dwelling: (1) at less than the code required minimum rear yard setback of 35 feet, (2)
at less than minimum side yard setback of 10 feet, (3) less than total required total 25 feet, and (4)
in excess of code limitation of maximum 20% lot coverage, at 975 Town Harbor Lane, Southold;
CTM 63-4-12. Zone District R-40. BOARD RESOLUTION: (Please see transcript of written
statements prepared under separate cover) After receiving testimony, motion was made by
Chairperson Weisman, seconded by Member Goehringer, to close the hearing, reserving decision.
Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0).
10:13 AM IV. RESOLUTIONS/UPDATED REVIEWS/OTHER:
D. APPROVAL OF MINUTES/RESOLUTION ADOPTED: Motion was offered by Chairperson
Weisman, seconded by Member Goehringer, and was duly carried, to accept and authorize
filing of minutes with the Town Clerk Office, as prepared for ZBA Meetings held Nov. 12, Dec.
3, 22 & 29, 2009. Vote of the Board: Ayes: All. This resolution was duly adopted (4-0).
APPROVAL OF MINUTES/RESOLUTION ADOPTED: Motion was offered by Member
Goehringer, seconded by Chairperson Weisman, and was duly carried, to accept and authorize
filing of minutes with the Town Clerk Office, as prepared for ZBA Meetings held Nov. 15, 2001,
Feb. 28, 2002 and May 2, 2002. Vote of the Board: Ayes: 1, Member Goehringer, as only
member present at the prior hearings. This Resolution was duly adopted (1-0).
E. Motion was offered by Chairperson Weisman, seconded by Member Goehringer, and was
duly carried to advertise Harbes #6106 for February 25, 2010, as per amended application
received November 30, 2009. Vote of the Board: Ayes: All. This Resolution was duly adopted
(4-0).
10:15 A.M. MARK M. & ELIZABETH NARDONE #6342 by Todd Connell, CDG Architect and
Mark Nardone (owner). Request for Variances from Code Section 280-124, based on an
application for building permit and the Building Inspector's September 2, 2009 Notice of
Disapproval concerning proposed additions and alterations to a single family dwelling, (1) less than
the code required front yard setback of 35 feet, (2) less than code required rear yard setback of 35
feet, (3) less than the code required minimum side yard setback of 10 feet, and (4) over the lot
coverage limitation of 20%, at 1515 Minnehaha Blvd. and Opechee Ave., Southold; CTM 87-3-50.
BOARD RESOLUTION: (Please see transcript of written statements prepared under separate
cover) After receiving testimony, motion was made by Chairperson Weisman, seconded by
Member Goehringer, to close the hearing, subject to status of one missing green return receipt
card and to re-mail one certified after verification of address and a new finished survey may be
required. Vote ofthe Board: Ayes: All. This Resolution was duly adopted (4-0).
10:34 A.M. WILMINGTON TRUST COMPANY #6343 by Stephen Ham, Esq. and Sam Fitzgerald,
Architect. Request for variances from Code Section 280-124, based on an application for building
permit and the Building Inspector's September 15, 2009 Notice of Disapproval concerning
proposed demolition and reconstruct a single family dwelling: (1) less than the code required
minimum side yard setback of 20 feet and, (2) less than the code required front yard setback of 55
feet, at Off East End Rd., Fishers Island. CTM 2-1-8.2. BOARD RESOLUTION: (Please see
transcript of written statements prepared under separate cover) After receiving testimony, motion
was made by Chairperson Weisman, seconded by Member Goehringer, to close the hearing,
reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0).
10:44 AM RESOLUTION (BREAK): Motion was offered by Chairperson Weisman, seconded by
Member Goehringer, to take a short recess. Vote ofthe Board: Ayes: All. This Resolution was duly
adopted (4-0).
Page 4 - Minutes
Public Hearing- January 21, 2010
Southold Town Zoning Board of Appeals
11:00 AM RESOLUTION (RECONVENE): Motion was offered by Member Goehringer, seconded
by Member Horning, to reconvene the meeting. Vote of the Board: Ayes: All. This Resolution was
duly adopted (4-0).
11:00 A.M. FRANK J. & DONNA M. SCAROLA and DONNA PERRIN.#6350 by Bill Gorman.
Applicants request a Special Exception under 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 four (4) bedrooms for
lodging and serving of breakfast to the B&B casual, transient roomers. Location of Property: 4850
Sound Ave., Mattituck; CTM 121-3-6. BOARD RESOLUTION: (Please see transcript of written
statements prepared under separate cover) After receiving testimony, motion was made by
Chairperson Weisman, seconded by Member Goehringer, to close the hearing, reserving decision.
Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0).
11:15 A.M. BRYANT & MERCY McELROY #6346 by Jim Fitzgerald, Proper-T Permits. Request
for Variance from Code Section 280-124, based on an application for building permit and the
Building Inspector's September 29, 2009 Notice of Disapproval concerning existing addition to a
single family dwelling at less than the minimum rear yard setback of 35 feet. Property located at 55
Inlet Lane and Sandy Beach Road, Greenport: CTM 43-4-38. BOARD RESOLUTION: (Please see
transcript of written statements prepared under separate cover) After receiving testimony, motion
was made by Chairperson VVeisman, seconded by Member Goehringer, to close the hearing,
subject to signed statement from Mrs. Halligan, status of two missing green cards and an updated
survey. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0).
11:26 A.M. GWYNETH M. KETrERER and MARY B. SYKES. #6349 by Patricia Moore, Atty. and
Nancy Steelman, Arch. Request for Variances under Code Sections 280-123 and 280-15, based
on the Building Inspector's September 24, 2009, Amended November 4, 2009 Notice of
Disapproval concerning an application for a building permit to alter the use of an accessory
structure with additions and alterations: (1) a nonconforming building containing a nonconforming
use shall not be enlarged, reconstructed or structurally altered or moved, unless use of such
building is changed to a conforming use, (2) less than the code required 50 foot front yard setback,
(3) less than the minimum side yard setback of 20 feet, (4) more than the code required maximum
height of 22 feet. Location of Property: 1995 Ryder Farm Lane, Orient. CTM: 15-3-1.1. BOARD
RESOLUTION: (Please see transcript of written statements prepared under separate cover) After
receiving testimony, motion was made by Member Goehringer, seconded by Chairperson
Weisman, to adjourn without a date, pending receipt of existing and proposed sq. footage and
dimensions of Rec. room. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0).
12:05 P.M. RESOLUTION (BREAK): Motion was offered by Member Goehringer, seconded by
Chairperson VVeisman, to take a short recess. Vote of the Board: Ayes: All. This Resolution was
duly adopted (4-0).
12:22 PM RESOLUTION (RECONVENE): Motion was offered by Chairperson Weisman, seconded
by Member Goehringer, to reconvene the meeting. Vote ofthe Board: Ayes: All. This Resolution
was duly adopted (4-0).
12:22 P.M. THEODORE C, MARTZ, JR. #6344. RESOLUTION TO CONFIRM REQUEST AS PER
1-20-10 LETTER TO ZBA TO ADJOURN HEARING IN ORDER TO RETAIN COUNSEL, AND
SUBJECT TO COMPLETING POSTING AND MAILING REQUIREMENTS OF CHAPTER 58
(ADJOURN DATE AVAILABLE APRIL 22, OR MAY 20, 2010) Requests for Variances under
Code Sections 280-18 and 280-10, based on the Building Inspector's August 19, 2009 Revised
November 18, 2009 Notice of Disapproval and an application for a building permit for a subdivision
and construction, disapproved for the following reasons: (1) lots merged under Section 280-10;
Page 5- Minutes
Public Hearing- January 21, 2010
Southold Town Zoning Board of Appeals
when held in common ownership with the first lot at any time after July 1, 1983_ .and according to
Town Code, the existing lots are merged, (2) proposed Parcel 1 will contain more than one
dwelling, (3) subdivision will result in two lots having less than 40,000 square feet for each Parcel 1
& 2. Location of property: 555 Broadwaters Rd., Cutchogue. CTM: 104-12-6.1 BOARD
RESOLUTION: (Please see transcript of written statements prepared under separate cover) After
receiving testimony, motion was made by Member Goehringer, seconded by Chairperson
Weisman, to adjourn, subject to posting and mailing requirements to April 22, 2010 at 1:30PM
Vote of the Board: Ayes; All. This Resolution was duly adopted (4-0).
Carryover Hearings, continued from prior meetings and pending additional information:
12:25 P.M. STEVE and OLGA TENEDIOS.#6323 by Patricia Moore, Atty., Mark Schwartz, Arch.
and Steve Tenedios (Owner) for the applicant and George C. Stankevich, Esq. in opposition.
(Carry Over from Oct, 29, 2009) 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,
Amended December 5~ 2009, concerning the following proposed new construction:
A) The proposed accessory garage is not permitted:
1) with a setback less than 55 feet from the front yard line along the right-of-way;
2) with a size that exceeds the code limitation of 750 square feet;
B) The proposed accessory pool building is not permitted in the side yard when a front or
rear yard location is code required.
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 made by Chairperson Weisman, seconded by
Member Goehringer, to close, subject to copy of Suffolk County Health Dept. approved survey and
Town of Southold Trustees administrative permit. Vote ofthe Board: Ayes: All. This Resolution
was duly adopted (4-0).
1:27 P.M. RESOLUTION (BREAK): Motion was offered by Member Goehringer, seconded by
Chairperson Weisman, to take a short recess. Vote of the Board: Ayes: All. This Resolution was
duly adopted (4-0)~
1:52 PM RESOLUTION (RECONVENE): Motion was offered by Member Goehringer, seconded by
Chairperson Weisman, to reconvene the meeting. Vote of the Board: Ayes: All. This Resolution
was duly adopted (4-0).
1:51 P.M, LOUIS and LUBA CORSO #6316 by Patricia Moore, Atty. for Louis and Luba Corso,
Damon Rallis, Town of Southold Code Enforcement Official per Board request and Atty. Gall
Wickham for Timothy and Jeanne Steele. (Carryover from 10/29/09 PH calendar)Location of
property: 13451 Oregon Road, Cutchogue, appealing Building Permit #34590 dated 4/8/09 and
Certificate of Occupancy # Z-33674 dated 4/27/09 concerning an as-built agricultural hoop house
for storage on property owned by TIMOTHY AND JEANNE STEELE at 13795 Oregon Road,
Cutchogue; CTM 1000-83-2-10.16. (Please see transcript of written statements prepared under
separate cover) After receiving testimony, motion was made by Chairperson Weisman, seconded
by Member Goehringer, to adjourn, subject to response by Atty. Wickham to Atty. Moore's memo
Page 6 - Minutes
Public Hearing- January 21, 2010
Southold Town Zoning Board of Appeals
by 2/4/10 and response of Atty. Moore to Atty. Wickham's response by 2/12/2010. Vote of the
Board: Ayes: All. This Resolution was duly adopted (4-0).
3:21 PM IV. RESOLUTIONS/UPDATED REVIEWS/OTHER:
C. Work Session: Chairperson Weisman informed the Board that Member Schneider was
appointed as the ZBA representative to the LWRP committee by Resolution of the Town Board,
and that Member Geohringer will serve as the ZBA Vice Chairperson for 2010. She further
explained that Regular Meetings would begin at 9:00 AM, instead of 9:30 AM, to accommodate
Member Horning's commute schedule to and from Fishers Island and to permit additional time
while he is present and able to vote since he is unable to attend the Special Meetings.
3:25 V. EXECUTIVE BOARD SESSION: RESOLUTION ADOPTED: Motion was offered by
Chairperson Weisman, seconded by Member Goehringer, to conduct executive session
client/attorney privilege. Vote of the Board: Ayes: All. Resolution was duly adopted (4-0).
Executive session adjourned at 4:05 PM per Chairperson Weisman.
There being no other business properly coming before the Board at this time,
Chairperson Weisman declared the meeting adjourned. The meeting was adjourned at 3:25 PM.
Leslie Kanes Weisman, Chairperson 2/~/2010
Approved for filing
Resolution accepting for filing,~//~/2010
Res~.ecfful~_ly..S u bmitted,
Vicki Toth 2/1/10
RECEIVED