HomeMy WebLinkAboutZBA-03/25/2010Office 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 SOUTItOLD
Tel. (631) 765-1809 Fax (631) 765-9064
MINUTES
REGULAR MEETING
THURSDAY, MARCH 25, 2010
Sou~hold Town Clerl,
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, March 25, 2010 commencing at 9:00 A.M.
Present were:
Leslie Kanes Weisman, Chairperson/Member
Gerard P. Goeheringer, Member
James Dinizio, Member
Ken Schneider, Member
George Horning, Member (left 2:20 p.m.)
Jennifer Andaloro, Assistant Town Attorney (left 2:33 p.m.)
Vicki Toth, ZBA Secretary
9:05 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:
CARRYOVER DELIBERATIONS and DECISIONS: The Board deliberated on the following
applications. The originals of each of the following applications were decided, with the
original determinations filed with the Southold Town Clerk:
APPROVED AS APPLIED:
Witzke, William and Patricia #6347
Curtis-Harvey Rev. Trust #6348
APPROVED WITH CONDITIONS:
Heath, Elliot B. and Ora J. #6351
Vote of the Board: Ayes: All. These Resolutions were duly adopted (5-0).
Page 2 - Minutes
Regular Meeting held March 25, 2010
Southold Town Zoning Board of Appeals
RESOLUTIONS/UPDATED REVIEWS/OTHER:
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: Discussion: Open meeting law and ethical issue policy.
RESOLUTION ADOPTED: Motion was offered by Member Homing, seconded
by Chairperson Weisman, to adopt as ZBA policy "Guidelines to Open
Meetings Law and Ethical Issues" prepared by Assistant Town Attorney
Andaioro. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-
0).
STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS (SEQRA):
A. 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 request~ setback, dimensional, lot waiver, accessory
apartment, bed and breakfast requests:
JOSEPH & RITA DeNICOLO #6355
JAY MANDELBAUM #6359
NICOLAS deCROISSET #6354
JULIEN & CLAUDIA RAMONE #6357
RYAN & JENNIFER STORK#6358
STEIN FAMILY RESIDENCE TRUST#6360
LEWIS EDSON#6353
LINDA HILL #6364
PETER & STEPHANIE COSOLA #6365
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).
10:05 A.M. RESOLUTION (BREAK): Motion was offered by Chairperson Weisman,
seconded by Member Schneider, to take a short recess. Vote of the Board: Ayes: All.
This Resolution was duly adopted (5-0).
10:12 A.M. 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).
Page 3 - Minutes
Regular Meeting held March 25, 2010
Southold Town Zoning Board of Appeals
PUBLIC HEARINGS: The following public hearings were held, with Chairperson Weisman
introducing each application, and Member reading of the Legal Notice as published.
10:13 A.M. JOSEPH & RITA DeNICOLO #6355 by R. Herrmann, En-Consultants.
Request for variance from Code Section 280-116 (B), based on an application for
building permit and the Building Inspector's October 5, 2009 Notice of
Disapproval concerning proposed demolition, additions and alterations to a
single-family dwelling, 1) less than the code required bulkhead setback of 75 feet,
at 3475 Wells Ave., Southold, NY. CTM#: 70-4-6. BOARD RESOLUTION: (Please
see transcript of written statements prepared under separate cover.) Motion was
offered by Chairperson Weisman, seconded by Member Goehringer, to adjourn the
hearing to May 20, 2010 at 1:30 p.m. subject to receipt of revised survey showing
actual setback from bulkhead to 2nd story deck; to also show the 75' from the
bulkhead and written information regarding existing use of foundation and new
foundation by licensed surveyor. Vote of the Board: Ayes: All. This Resolution
was duly adopted (5-0).
10:55 A.M. JAY MANDELBAUM #6359 by Harvey Arnoff, Esq. Anne Locascio for
adjoining neighbor Heffner and Connie Monteforte, neighbor with concerns.
Request for Variance from Code Section 280-13 and 280-10SA, based on an
application for building permit to build a tennis court on a vacant lot, and the
Building Inspector's October 2, 2009, Amended February 25, 2010 Notice of
Disapproval stating that the use of a tennis court is not permitted on a vacant lot
(without a principal dwelling} and the tennis court fence will exceed the code limit
of 4 feet in height. Location of Property: 920 Kimberly Lane, (North Bayview Rd. &
Roxanne Rd.) Southold, NY; CTM # 70-13-20.15. (Paradise by the Bay
subdivision]. BOARD RESOLUTION: (Please see transcript of written statements
prepared under separate cover.) Motion was offered by Chairperson Weisman,
seconded by Member Goehringer, to adjourn the hearing to May 20, 2010 at 2:00
p.m. subject to receipt of revised survey showing building envelope. Vote of the
Board: Ayes: All. This Resolution was duly adopted (5-0).
11:21 A.M. RESOLUTION (BREAK): Motion was offered by Chairperson Weisman,
seconded by Member Goehringer, to take a short recess. Vote of the Board: Ayes: All.
This Resolution was duly adopted (5-0).
11:30 A.M. 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 (5-0).
PUBLIC HEARINGS (continued): The following public hearings were held, with
Chairperson Weisman introducing each application, and Member reading of the Legal
Notice as published:
11:30 A.M. NICOLAS deCROISSET #6354. Request for variance from Code Section
280-15, based on an application for building permit and the Building Inspector's
September 23, 2009 Notice of Disapproval concerning as-built accessory shed, 1)
at less than the code required 35 foot front yard setback, 2) location of accessory
shed in the side yard rather than a rear or front yard, {adjacent to Great Peconic
Bay) at 20 Third Street New Suffolk, NY. CTM#: 117-10-19. BOARD
RESOLUTION: (Please see transcript of written statements prepared under
separate cover.) After receiving testimony, motion was offered by Chairperson
Page 4 - Minutes
Regular Meeting held March 25, 2010
Southold Town Zoning Board of Appeals
Weisman, seconded by Member Goehringer, to close the hearing, reserving
decision. Vote of The Board: Ayes: All. This Resolution was duly adopted (5-0).
11:41 A.M. JULIEN & CLAUDIA RAMONE #6357. Requests for variances from
Code Sections 280-122A & 280-124, based on an application for building permit
and the Building Inspector's November 12, 2009, Revised Nov. 19, 2009 and
Revised February 5, 2010, Notice of Disapproval concerning dem~>lition and new
dwelling: (1) the new construction is proposed at less than the code-required 10
feet minimum on a single side yard setback, (2) less than the code-required
minimum of 35 ft. front yard, (3) less than the code required 35 ft. rear yard, and
(4) exceeds the code limitation of 20% lot coverage, at 130 Village Lane., Orient,
NY; CTM # 18-5-6. BOARD RESOLUTION: (Please see transcript of written
statements prepared under separate cover.) After opening the hearing, motion
was offered by Chairperson Weisman, seconded by Member Goehringer, to
adjourn the hearing to June 30, 2010 at 1:00 p.m. pending receipt of Certificate
of Appropriateness from Landmark Preservation. Vote of The Board: Ayes: All.
This Resolution was duly adopted (5-0).
11:44 A.M. RYAN & JENNIFER STORK #6358, by J. Fitzgerald, Proper-T Permits.
Request for variance from Code Section 280-15 (B), based on an application for
building permit and the Building Inspector's October 26, 2009 Notice of
Disapproval concerning proposed demolition of existing accessory garage and
construction of a new accessory two car garage, (proposed height over 20 feet) at
less than the code required side yards setback of 20 feet, at 3270 Great Peconic
Bay Blvd., (adjacent to Great Peconic Bay) Laurel, NY. CTM#: 128-6-8. BOARD
RESOLUTION: (Please see transcript of written statements prepared under
separate cover.) After receiving testimony, motion was offered by Chairperson
Weisman, seconded by Member Goehringer, to close the hearing, reserving
decision pending receipt of Affidavit of Posting. Vote of The Board: Ayes: All. This
Resolution was duly adopted (5-0).
12:12 P.M. dOSEPH & RITA DeNICOLA #6355 - RESOLUTION ADOPTED:
Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to
reopen the hearing at 2:00 p.m. Vote of The Board: Ayes: All. This Resolution was
duly adopted (5-0).
12:14 P.M. STEIN FAMILY RESIDENCE TRUST #6360 - BOARD RESOLUTION:
(Please see transcript of written statements prepared under separate cover.)
Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to
withdraw this application per letter dated March 15, 2010 from applicant's agent.
Vote of The Board: Ayes: All. This Resolution was duly adopted (5-0).
12:15 P.M. LEWIS EDSON #6353 by Lewis Edson. Nancy Sawastynowitz, Lois
Atkinson, Benja Schwartz, dean Van Name and Barabara Stachel, neighbors.
Request for variance from Chapter 72, Art. 1, Section 72-4, based on an
application for building permit to operate a farm stand in an existing building,
and the Building Inspector's September 21, 2009 Notice of Disapproval stating the
proposed use does not meet the definition of a farm stand, at 30105 Route 25,
Cutchogue, NY. CTM#: 102-2-16. BOARD RESOLUTION: (Please see transcript
of written statements prepared under separate cover.) After receiving testimony,
motion was offered by Chairperson Weisman, seconded by Member Goehringer, to
adjourn to dune 30, 2010 at 1:00 p.m. for review and other information, as well
Page 5 - Minutes
Regular Meeting held March 25, 2010
Southold Town Zoning Board of Appeals
as receipt of comments from the Agricultural Advisory Committee. Vote of The
Board: Ayes: All. This Resolution was duly adopted (5-0).
1:25 P.M. RESOLUTION (BREAK): Motion was offered by Chairperson Weisman,
seconded by Member Goehringer, to take a short recess. Vote of the Board: Ayes: All.
This Resolution was duly adopted (5-0).
1:54 P.M. 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).
PUBLIC HEARINGS [continued): The following public hearings were held, with
Chairperson Weisman introducing each application, and Member reading of the Legal
Notice as published:
1:55 P.M. LINDA HILL #6364 by Steven Hill. Joanne Courtien, opposition.
Request for variance from Code Section 280-15, based on an application for
building permit and the Building Inspector's December 1, 2009 Notice of
Disapproval concerning accessory shed, 1) location of accessory shed in the side
yard rather than code required rear yard at 3190 Haywaters Rd., Cutchogue NY.
CTM#: 111-11-13. BOARD RESOLUTION: (Please see transcript of written
statements prepared under separate cover.) After receiving testimony, motion was
offered by Chairperson Weisman, seconded by Member Schneider, to adjourn to
May 20, 2010 at 2:30 p.m., pending receipt of new survey and letter from
landscaper re: what can be grown around fence. Vote of the Board: Ayes: All.
This Resolution was duly adopted (5-0).
2:20 P.M. Member Horning left.
2:21 P.M. PETER & STEPHANIE COSOLA #6365 by P. Moore, Esq. Request for
Variances from Code Sections 280-116B based on an application for building
permit and the Building Inspector's December 4, 2009, Notice of Disapproval
concerning proposed additions and alteration to a single family dwelling, at less
than the code required setback from bulkhead of 75 feet, at 2880 Minnehaha
Blvd., Southold, NY. CTM: 87-3-43. BOARD RESOLUTION: (Please see
transcript of written statements prepared under separate cover.) After receiving
testimony, motion was offered by Chairperson Weisman, seconded by Member
Goehringer, to close the hearing, reserving decision subject to receipt of affidavit
from owner regarding depth of existing footings. Vote of the Board: Ayes: All.
This Resolution was duly adopted (4-0). Member Horning was absent.
2:33 P.M. Assistant Town Attorney Andaloro left.
2:34 P.M. REOPEN - JOSEPH & RITA DeNICOLO #6355 by R. Herrmann, En-
Consultants. BOARD RESOLUTION: (Please see transcript of written statements
prepared under separate cover.) After receiving testimony, motion was offered by
Chairperson Weisman, seconded by Member Goehringer, to close the hearing,
reserving decision subject to receipt of letter from engineer stating that existing
foundation will sustain a second story and also identify habitable space in
foundation plan from architect. Vote of the Board: Ayes: All. This Resolution
was duly adopted (4-0). Member Horning was absent.
Page 6 - Minutes
Regular Meeting held March 25, 2010
Southold Town Zoning Board of Appeals
RESOLUTIONS/UPDATED REVIEWS/OTHER:
A. Chairperson Weisman confirmed the next Special Meeting Date for April 8,
2010 at 6:00 PM.
B. RESOLUTION ADOPTED: Motion was offered by Member Goehringer, seconded
by Chairperson Weisman to set the next Regular Meeting with Public Hearings to
be held April 22, 2010 at 9:00 AM. Vote of the Board: Ayes: All. This Resolution
was duly adopted (4-0). Member Horning was absent.
C. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman,
seconded by Member Goehringer, to approve Minutes from Special Meeting held
March 16, 2010. Vote of the Board: Ayes: All. This Resolution was duly adopted
(4-0). Member Horning was absent.
EXECUTIVE BOARD SESSION: None,
There being no other business properly coming before the Board at this time,
Chairperson declared the meeting adjourned. The meeting was adjourned at 3:00 P.M.
Re sp e ct ful~v~s ub ~t t e d,
Vicki Toth ,ff/J'[/2010
Include4 by Referencg: Filed ZBA Decisions (3)
Leslie Kanes Weisman, Chairperson :~/][/2010
Approved for Filing
Resolution Adopted
APR 3 20]0
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