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Home My WebLink AboutZBA-04/22/2010Office 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.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 MINUTES REGULAR MEETING THURSDAY, APRIL 22, 2010 Southold Tow~ 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, April 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 (left 2:19 p.m.) Jennifer Andaloro, Assistant Town Attorney Vicki Toth, ZBA Secretary 9:00 A.M. Chairperson Weisman called the meeting to order with the Pledge of Allegiance. 9:00 A.M. RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Goehringer to enter into Executive Session for the purpose of litigation. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:35 A.M. RESOLUTION (RECONVENE): Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to close the Executive Session and reconvene the Regular Meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). The Board proceeded with the first item on the Agenda as follows: CARRYOVER DELIBERATIONS and DECISION: 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: Joseph and Rita DeNicolo #6355 Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 2 - Minutes Regular Meeting held April 22, 2010 Southold Town Zoning Board of Appeals 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 requests setback, dimensional, lot waiver, accessory apartment, bed and breakfast requests: BRYAN WEINGART #6368 JOHN SHACK, JR. #6363 CMEEC/FI ELECTRIC CORP. 6375 SOUTHOLD HOLDING, LLC #6371 KEVIN and JEANINE FAGA #6367 NICK MIHALIOS #6361 S. SACHMAN and A. QUARDRANI #6366 BRUCE GOLDSMITH #6362 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. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). PUBLIC HEARINGS: The following public hearings were held, with Chairperson Weisman introducing each application, and Member reading of the Legal Notice as published. 9:38 A.M. BRYAN WEINGART #6368 by Bryan Weingart. Request for Variances from Code Section 280-124, based on an application for building permit and the Building Inspector's May 28, 2009, Updated January 12, 2010, 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) more than code required maximum lot coverage of 20%, at: 1445 East Gillette Dr. and Cedar La., East Marion, NY. CTM #38- 4-22. 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. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:03 A.M. JOHN SHACK~ JR. #6363 by John and Marie Shack. Request for Variances from Cede Section 280-116, based on an application for building permit and the Building Inspector's October 15, 2009, amended December 4, 2009 Notice of Disapproval concerning demolition and construction of a single family dwelling, (1) less than the code required set back of 75 feet from a bulkhead, (This is a deviation of prior grant #5933 for alterations & additions) at: 1265 Shore Dr., Greenport, NY. CTM #47- 2-26.1. BOARD RESOLUTION: (Please see transcript of written statements prepared Page 3 - Minutes Regular Meeting held April 22, 2010 Southold Town Zoning Board of Appeals under separate cover.) After receiving testimony, motion was offered 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). 10:27 A.M. 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). 10:38 A.M. 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: 10:39 A. M. CMEEC/F I ELECTRIC CORP. #6375 by Jon Warn. Applicants request a Special Exception under Section 280-13B(6), public utility, installation of an emergency generator and request for relief from 280-105B, fence at more than the code required height of 6 ½ feet, at 1866 Central Ave., Fishers Island, NY. CTM #6-8-7& 3.2. 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 11:40 a.m. pending receipt of Town Engineer and Planning Board comments, confirmation of CMEEC's willingness to install additional muffling in the exhaust system should it be needed, and landscape screening and drainage plans. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Horning recused himself. 11:40 A.M. Motion was offered by Chairperson Weisman, seconded by Member Dinizio, to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:48 A.M. 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: 11:49 A.M. SOUTHOLD HOLDING, LLC #6371 by Patricia Moore, Esq. This is a request for a Waiver under Code Article II, Sections 280-10A, to unmerge land identified as SCTM #1000.50-4-5, based on the Building Inspector's January 26, 2010 Notice of Disapproval citing Zoning Code Section 280-10A, which states that the nonconforming lots merged until a total lot size conforms to the current bulk schedule (minimum 40,000 square feet in this R-40 Residential Zone District). This land merged with the adjacent property to the west identified as SCTM #1000-50-4-4&3, at: 1120 Soundview Ext., Southold, NY. CTM #50-4-5, 4, 3. 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 a corrected survey. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 12:09 P.M. KEVIN & JEANINE FAGA #6367 by Patricia Moore, Esq. Requests for Variances under Sections 280-124 and 280-116B, based on the Building Inspector's February 3, 2010 amended Notice of Disapproval concerning demolition and Page 4 - Minutes Regular Meeting held April 22, 2010 Southold Town Zoning Board of Appeals reconstruction of a single-family dwelling at less than the code-required minimum of 10 feet on a single side yard and less than 75 feet from the existing bulkhead (dwelling and foundation were removed, this is a deviation from original grant No's. 6281 & 6243), adjacent to Orient Harbor, at 12632 Main Road, East Marion; CTM Parcel 1000- 31-14-8.2. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving a verbal request for adjournment from the applicant's attorney, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to adjourn the hearing to July 29, 2010 at 1:30 p.m. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 12:13 P.M. NICK MIHALIOS #6361 by Patricia Moore, Esq., and Peter Panagopoulos, opposition. Request for Variances from Code Section 280-105, based on an application for building permit and the Building Inspector's November 30, 2009, updated March 24, 2010 Notice of Disapproval "as Built" fence, (1) more than the code required height of 4 feet in a front yard, (2) more than the code required height of 6 Y~ feet in the side and rear yards, at 1230 The Strand, East Marion, NY. CTM #1000-30-2-73. 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 the hearing to June 30, 2010 at 2:00 p.m. pending receipt of Single and Separate Search. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:04 P.M.S. SACHMAN & A. OUARDRANI #6366 by Ray Nemschick. Request for Variances from ZBA Grant # 6040 dated 7/12/07 and ZBA Grant # 6082 dated November 1, 2007, based on an application for building permit and the Building Inspector's December 4, 2009 Notice of Disapproval concerning proposed cabana and half bath in accessory garage which is a deviation from prior grants, at 4705 Nassau Point Rd., (adj. Little Peconic Bay) Cutchogue, NY. CTM # 111-9-9. 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, subject to receipt of a letter from Ray Nemshick correcting application as an unheated accessory structure, reserving decision. Vote of The Board: Ayes: All. This Resolution was duly adopted (5- 0). 1:20 P.M. 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). 1:29 P.M. 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: 1:30 P.M. BRUCE GOLDSMITH #6362 by Bruce Goldsmith. Request for Variances from Code Section 280-124, based on an application for building permit and the Building Inspector's October 8, 2009 Notice of Disapproval concerning proposed construction of an accessory two car garage, (1) less than the code required front yard setback of 35 feet, (2) less than the code required side yard setback of 20 feet, at 2550 Hobart Rd., Southold, NY. CTM #64-3-8. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving Page 5 - Minutes Regular Meeting held April 22, 2010 Southold Town Zoning Board of Appeals testimony, motion was offered 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). 1:44 P.M. LOUIS and LUBA CORSO #6316 by Patricia Moore, Esq., Abigail Wickham, Esq., opposition. As per 2/25/10 Board Resolution re-opening hearing for the purpose of questions related to only the deeds and right of way access (1/21/10 PH was concluded) 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. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) 1:50 P.M. Motion was offered by Member Dinizio, seconded by Member Goehringer, to re-open hearing and accept documents submitted by P. Moore, Esq. Abigail Wickham, Esq., (opposition) objected to the motion. Discussion to hold motion to end of public hearing. (Re-opening requires unanimous vote of the Board) 1:53 P.M. motion tabled. 2:06 P.M. Motion was made by Member Dinizio to move his previous motion to accept documents. Vote of the Board: Ayes: Members Horning, Goehringer and Dinizio. Nays: Chairperson Weisman and Member Schneider. Motion defeated. 2:04 P.M. After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to close the hearing, reserving decision subject to receipt of copy of contract sale from Steele to Corso regarding easement. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 2:10 P.M. THEODORE C. MARTZ, JR. #6344 by William Esseks, Esq., Joseph Rizzo, Esq., opposition representing neighbors Cantelmo and Rehm; Angela Tese-Milner and Xavier Fleming, opposition. 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; 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 offered by Chairperson Weisman, seconded by Member Goehringer, to adjourn the hearing to July 29, 2010 at 2:00 p.m. for written responses. Vote of the Board: Ayes: Ail. This Resolution was duly adopted (4-0). Member Horning was absent. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Chairperson Weisman confirmed the next Special Meeting Date for May 6, 2010 at 6:00 PM. B. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to set the next Regular Meeting with Public Hearings to be held May 20, 2010 at 9:00 AM. Vote of the Board: Ayes: Ail. This Resolution was duly adopted (4-0). Member Horning was absent. Page 6 - Minutes Regular Meeting held April 22, 2010 Southold Town Zoning Board of Appeals C. 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: Discussed Meeting with Trustees regarding concurrent jurisdiction issues and updated the Board on office procedures for closing applications adjourned without a date. D. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to approve Minutes from Special Meeting held April 8, 2010. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Horning was absent. 3:10 P.M. Motion was offered by Chairperson Weisman, seconded by Member Dinizio to close the meeting. Vote of the Board: Ayes: All. Member Horning was absent. There being no other business properly coming before the Board at this time, Chairperson declared the meeting adjourned. The meeting was adjourned at 3:10 P.M. Vicki Toth ~/ //~/2010 Included by Reference: Filed ZBA Decisions (1) Leslie Kanes~Weisman, Chairperson/~ /~'/2010 Approved for Filing Resolution Adopted ~A¥ lV4 2010 Town er