HomeMy WebLinkAboutZBA-02/25/2010Office 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
THURSDAY, FEBRUARY 25, 2010
REGULAR MEETING
MAR i ,' ,,:'
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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
James Dinizio, Member
Ken Schneider, Member
George Horning, Member
Jennifer Andaloro, Assistant Town Attorney
Vicki Toth, Secretary
9:00 AM Chairperson Weisman called the meeting to order.
I. CARRYOVER DELIBERATIONS and/or POSSIBLE DECISION:
9:01 AM LAUREN KRUG #6335 (PH concluded 1/21/10). BOARD RESOLUTION: After
discussions, motion was offered by Member Homing, seconded by Member Goehringer to
APPROVE as applied for. Vote of the Board: Ayes: All. This Resolution was duly adopted
(5-O).
9:08 AM WILMINGTON TRUST COMPANY #6343 (PH concluded 1/21/10). BOARD
RESOLUTION: After discussions, motion was offered by Member Horning, seconded by
Member Goehringer to APPROVE as applied for. Vote of the Board: Ayes: All. This
Resolution was duly adopted (5-0).
9:21 AM SIMPSON #6340. (PH 1/21/10, Amended Decision) RESOLUTION: After
discussions, motion was offered by Member Schneider, seconded by Member Goehringer
to APPROVE the Amended Decision as applied for. Vote of the Board: Ayes: Members
Weisman (Chairperson), Goehringer, Horning and Schneider. Member Dinizio abstained.
This Resolution was duly adopted (4-0).
Page 2 - Minutes
Public Hearing February 25, 2010
Board of Appeals Town of Southold
9:30 AM STEVE and OLGA TENEDIOS_~6323 (Carry Over from Oct. 29, 2009, PH
concluded 1/21/10). BOARD RESOLUTION: After discussions, motion was offered by
Member Weisman (Chairperson), seconded by Member Horning to RESERVE DECISION
until March 16, 2010, Special Meeting. Vote of the Board: Ayes: All. This Resolution was
duly adopted (5-0).
9:52 AM LOUIS and LUBA CORSO #63t6. (Carryover from 10/29/09 PH calendar, PH
concluded 1/21/10). After discussions, motion was offered by Member Goehringer,
seconded by Member Schneider to RE-OPEN HEARING, accept written material
regarding deed and schedule for the April 22, 2010 Public hearing for the purpose of
questions related to only the deeds and right of way access. Vote of the Board: Ayes: All.
This Resolution was duly adopted (5-0).
10:00 AM RESOLUTION (BREAK): Motion was offered by Member Goehringer,
seconded by Chairperson Weisman, to take short recess. Vote of the Board: Ayes: All.
This resolution was duly adopted (5-0).
10:20 AM 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 (5-0).
The Board proceeded with the first item on the agenda as follows:
II. STATE ENVIRONMENTAL QUALITY REVIEWS; 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:
PATRICIA WITZKE #6347
ELLIOTT b. & ORA J. HEATH #6351
CURTIS-HARVEY REVOCABLE TRUST #6348
ROBERT ANELLO #6370
KARNIK & HACl GARIPIAN #6345
CHRISTOPHER M. McCARTHY & PATRICIA F. McCARTHY #6352
TFLC, INC. #6341
HARBES FAMILY FARM, LLC #6106B
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. Vote of
the Board: Ayes: All. This Resolution was duly adopted (5-0).
Page 3 - Minutes
Public Hearing February 25, 2010
Board of Appeals Town of Southold
10:21 AM Chairperson Weisman called the Public Hearing to order with the Pledge of
Allegiance.
PUBLIC HEARINGS: The following public hearings were held, with Chairperson
Weisman introducing each application, and the assigned Member reading the Legal
Notice as published:
10:22 A.M. PATRICIA WITZKE #6347. Request for Variances from Code Section 280-
124, based on an application for building permit and the Building Inspector's October 13,
2009 Notice of Disapproval concerning proposed demolition and construction of 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, at 280 Laurel Ave., Southold, NY. CTM: 56-3-
3. Zone: 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 (5-0).
10:30 A.M. ELLIOTT B. & ORA J. HEATH #635'1. Request for Variances from Code
Section 280-124, based on an application for building permit and the Building Inspector's
October 16, 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, at 500 Hipppodrome Dr., Southold.
CTM: 66-2-13. 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 (5-0).
10:51 A.M. CURTIS-HARVEY REVOCABLE TRUST #6348. Request for Variances from
Code Section 280-124, based on an application for building permit and the Building
Inspector's October 16, 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, at 3 Reservoir Rd., Fishers Island, NY. CTM: 9-8-3.4. 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 (5-0).
11:07 A.M. ROBERT ANELLO #6370. Request for Variances from Code Sections 280-
124 & 280-116A(2) based on an application for building permit and the Building
Inspector's January 15, 2010, Notice of Disapproval concerning proposed additions and
alteration to a single family dwelling, (1) less than the code required minimum side yard
setback of 10 feet, (2) less than the code required total side yard setbacks of 25 feet, (3)
less than the code required setback to sounds of 100 feet, (4) proposed second story
addition is a deviation from ZBA decision # 6242, at 1980 Leeton Dr., Southold, NY.
CTM: 58-2-13. 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 (5-0).
Page 4 - Minutes
Public Hearing February 25, 2010
Board of Appeals Town of Southold
11:14 AM Member Horning left the room.
11:15 AM Member Horning returned.
11:20 AM RESOLUTION (BREAK): Motion was offered by Member Goehringer, seconded
by Member Horning, to take shod recess. Vote of the Board: Ayes: All. This resolution
was duly adopted (5-0).
11:30 AM RESOLUTION (RECONVENE) Motion was offered by Chairperson Weisman,
seconded by Member Dinizio, to reconvene the meeting. Vote of the Board: Ayes: All.
This Resolution was duly adopted (5-0).
11:31 A.M. KARNIK & HACI GARIPIAN #6345. Request for Variances from Code
Section 280-116A(1) and 280-124, based on an application for building permit and the
Building Inspector's September 16 , 2009, amended January 27, 2010 Notice of
Disapproval concerning proposed additions and existing deck addition to a single family
dwelling, (1) less than the code required set back of 100 feet from a bluff, (2) less than the
code required side yard setback of 15 feet, (3) less than the code required rear yard
setback of 50 feet, at 54715 Route 48 Southold, NY. CTM: 44-1-1. Zone 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 Horning, to CLOSE THE HEARING, reserving decision. Vote of the Board:
Ayes: All. This Resolution was duly adopted (5-0).
11:50 A.M. CHRISTOPHER M. McCARTHY & PATRICIA F. McCARTHY #6352.
Request for Variances from Code Section 280-124, based on an application for building
permit and the Building Inspector's November 6, 2009 Notice of Disapproval concerning
proposed construction of a second floor addition to a single family dwelling, (1) less than
the code required front yard setback of 50 feet, (2) less than the code required side yard
setback of 15 feet, at 1460 Peconic bay Blvd., Laurel, NY. CTM: 145-2-14, 15, 16. Zone
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 (5-0).
12:06 P.M. TFLC, INC. #634'1. Request for Variances from Code Section 280-63, based
on an application for building permit and the Building Inspector's March 13, 2009, updated
September 14, 2009 Notice of Disapproval concerning proposed one story construction
behind existing building on existing contractor's yard, after removal of existing temporary
green house. New construction is proposed at: (1) less than the code required side yard
setback of 20 feet, (2) less than the code required rear yard setback of 70 feet, at 8405
Cox La., Cutchogue, NY. CTM: 83-3-8. Zone LI. BOARD RESOLUTION: (Please see
transcript of written statements prepared under separate cover) After receiving testimony,
motion was made by Chairperson Weisman, seconded by Member Goehdnger, to CLOSE
THE HEARING, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly
adopted (5-0).
12:16 P.M. HARBES FAMILY FARM, LLC #6106B The applicant has applied for a
proposed change of use from farm buildings to winery/tasting room buildings. Request for
Variances from Code Section 280-13A(4)C, based on an application for building permit
and the Building Inspector's amended September 25, 2009 Notice of Disapproval
concerning the proposed conversion of existing farm buildings to winery buildings is not
permitted as winery buildings are required to be setback a minimum of 100 feet from a
Page 5 - Minutes
Public Hearing February 25, 2010
Board of Appeals Town of Southold
major road; Buildings 1-4 are at: less than the code required 100 foot setback from Sound
Ave., and less than the code required 100 foot setback from Halleck Lane., at 715 Halleck
Ln., Mattituck, NY. CTM: 120-1-4. 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 pending receipt of Affidavit of Posting and letter from
applicant explaining the reasons for multiple tasting rooms and to indicate the proposed
decking materials and height of the deck adjacent to Building No. 4. Vote of the Board:
Ayes: All. This Resolution was duly adopted (5-0).
12:46 PM RESOLUTION (BREAK): Motion was offered by Member Goehringer, seconded
by Chairperson Weisman, to take short recess. Vote of the Board: Ayes: All. This
resolution was duly adopted (5-0).
1:09 PM 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 (5-0).
1:09 P.M. PAUL T. BETANCOURT #6294. (Carry over PH from Dec. 3, 2009)Location of
Property: 1825 Aquaview Avenue, East Marion; CTM 22-2-6 (adjacent to Long Island
Sound). The applicant requests Variances based on the Building Inspector's March 24,
2009 Notice of Disapproval concerning an application for a building permit for the
following proposed construction:
under Section 280-124 for proposed additions and alterations to the dwelling
with:
a) front yard setback at less than 40 feet;
b) single side yard at less than 10 feet
c) combined side yards at less than 35 feet;
d) lot coverage exceeding the code limitation of 20% for lot coverage (based
on a nonconforming 10,133 square feet of buildable area);
under Section 280-15 for swimming pool construction proposed in a side yard
instead of a code- required rear yard (or code-required front yard for waterfront
property).
3. under Section 280-116A(1) for proposed additions and alterations to the
dwelling at less than 100 feet from the top of the bluff.
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 pending
receipt of existing and proposed sq. footage of first and second floors. Vote of the Board:
Ayes: All. This Resolution was duly adopted (5-0).
1:26 P.M. MARC and DEIRDRE SOKOL # 6318. (Carry over PH from Dec. 3, 2009)
Requests for Variances under Sections 280-105 (A and B), based on the Building
Inspector's amended June 26, 2009 Notice of Disapproval concerning installation of a
fence which will exceed the code-limitation of four feet in height when located in a front
yard, and will exceed the code limitation of 6.5 feet when located in the side and rear
yards, at 250 and 350 Lakeside Drive, Southold; CTM 1000-90-3-15 and 16. BOARD
RESOLUTION: (Please see transcript of written statements prepared under separate
Page 6 - Minutes
Public Hearing February 25, 2010
Board of Appeals Town of Southold
cover) After receivin9 testimony, motion was made by Chairperson Weisman, seconded
by Member Goehringer, to ADJOURN HEARING to June 30th, 2010 at 1:00 PM. Vote of
the Board: Ayes: All. This Resolution was duly adopted (5-0).
(end of hearings, agenda continues below)
IV. RESOLUTIONS/UPDATED REVIEWS/OTHER:
2:02 PM A. RESOLUTION ADOPTED: Motion was made by Chairperson Weisman,
seconded by Member Goehringer, and was duly carried to set next Special Meeting Date
for March 16, 2010 at 6:00 PM. Vote of the Board: Ayes: All. This Resolution was duly
adopted (5-0).
2:03 PM B. RESOLUTION ADOPTED: Motion was made by Chairperson Weisman,
seconded by Member Goehringer, and was duly carried to set next Regular meeting with
Public Hearings to be held March 25, 2010 at 9:00 AM. Vote of the Board: Ayes: All. This
Resolution was duly adopted (5-0).
2:04 PM D. RESOLUTION ADOPTED: Motion was made by Chairperson Weisman,
seconded by Member Goehringer, and was duly carried to approve Minutes of Meetings
held March 27, 2008, October 30, 2008, December 18, 2008, May 28, 2009, February 18,
2010.
2:05 PM RESOLUTION: Motion was offered Chairperson Weisman by, seconded by
Member Goehringer, to close the hearing. Vote of the Board: Ayes: All. This resolution
was duly adopted (5-0).
2:06 PM Member Horning left.
IV. RESOLUTIONS/UPDATED REVIEWS/OTHER: (Con't.)
2:10 PM C. Work Session: The Board discussed various policies. RESOLUTION: Motion
was offered Chairperson Weisman by, seconded by Member Goehringer, to adopt as
policy use of the Declaration of Covenants and Restrictions submitted by the Jennifer
Andaloro, Asst. Town Atty. for any imposed covenants and restrictions written into
decisions by the ZBA. Vote of the Board: Ayes: All. This resolution was duly adopted (4-
0). Member Horning was absent.
There being no other business properly coming before the Board at this time,
Chairperson Weisman declared the meeting adjourned. The meeting was adjourned at
3:16 P.M.
Leslie Kanes Weisman, Chairperson
Approved for filing 3/16/10
MAR 1 7 20 0
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