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Home My WebLink AboutZBA-05/20/2010Office 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, MAY 20, 2010 $out~oM Tov~ 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, May 20, 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 3:15 p.m.) Jennifer Andaloro, Assistant Town Attorney Vicki Toth, ZBA Secretary 9:01 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: SOUTHOLD HOLDING LLC #6371 DENIED, GRANTED ALTERNATIVE RELIEF JOHN SHACK, JR. #6363 Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 2 - Minutes Regular Meeting held May 20, 2010 Southold Town Zoning Board of Appeals RESOLUTIONS/UPDATED REVIEWS/OTHER: F. Work Session: 9:40 AM Meeting with Town Comprehensive Plan Committee re: ZBA participation/contribution. Heather Lanza and Philip Beltz briefly discussed the timeline and areas for Zoning Board comments. STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS (SEQRA): A. BOARD RESOLUTION: Motion was made by Chairperson Weisman, seconded by Member Goehringer, to declare the following Declarations: TvDe II Actions with no further steps regarding requests setback, dimensional, lot waiver, accessory apartment, bed and breakfast requests: JAMES G. ANDERSON and ROSEMARY ELLIS #6374 CHRISTA HILDEBRAND and JEFF WILLIAM ABRAMS #6373 TONI M. FINE and BARBARA J. COHEN #6376 ALLISON TUPPER #6377 UNEXCELLED LLC #6369 ANTHONY BONAGURA #6378 MESKOURIS (P.M.V. FAMILY LLC) #6372 HENRY TRAENDLY and BARBARA CADWALLADER #6264 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 (4-0). Member Horning was absent. PUBLIC HEARINGS: The following public hearings were held, with Chairperson Weisman introducing each application, and Member reading of the Legal Notice as published. 10:11 A.M. JAMES G. ANDERSON and ROSEMARY ELLIS #6374 by Frank Uellendahl, Architect. Request for Variance from Code Section 280-116B, based on an application for building permit for addition and alterations, and the Building Inspector's February 3, 2010 Notice of Disapproval concerning addition and alterations to existing dwelling, at less than the code required setback from bulkhead of 75 feet; at 2875 Bay Shore Rd., (adj. to Shelter Island Sound) Greenport, NY. SCTM #1000-53-6- 2. 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 letter from applicant's architect regarding setback of stoop to bulkhead. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:28 A.M. CHRISTA HILDEBRAND and JEFF WILLIAM ABRAMS #6373 by Jeff Page 3 - Minutes Regular Meeting held May 20, 2010 Southold Town Zoning Board of Appeals Abrams. Request for Variance from Code Section 280-15, based on an application for building permit for "as built" addition to accessory garage, and the Building Inspector's April 16, 2009, Updated September 9, 2009 and January 11, 2010 Notice of Disapproval concerning "as built" addition to accessory garage, 1) less than the code required side yard setback of 15 feet, 2) square footage exceeding the code required 750 square feet; at 425 Stillwater Ave., Cutchogue, NY. SCTM #1000-103-1-10. Zone: R-40. 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 1:00 p.m. Requested submission of cost to separate buildings. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:55 A.M. TONI M. FINE and BARBARA J. COHEN #6376 by Barbara Cohen. Request for Variance from Code Section 280-15, based on an application for building permit for "as built" accessory shed, and the Building Inspector's January 25, 2010 Notice of Disapproval concerning "as built" 10X16 accessory shed, location of accessory shed in the front yard rather than code required rear yard; at 3100 Indian Neck Lane and Leshe's Road, Peconic, NY. SCTM #1000-98-1-2.14. 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). 11:14 A.M. ALLISON TUPPER #6377 by Rob Lehnart, Peconic Permit Expediting. Request for Variance from Code Section 280-116B, based on an application for building permit for additions and alterations, and the Building Inspector's November 19, 2009, updated March 1, 2010 Notice of Disapproval concerning additions and alterations to existing dwelling, at less than the code required setback from bulkhead of 75 feet; at 3050 Minnehaha Blvd., (adjacent to Corey Creek) Southold, NY. SCTM #1000-87-3-41. 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). 11:12 A.M. Motion was offered by Chairperson Weisman, seconded by Member Goehrlnger, to take a short recess. Vote of the Board: Ayes: All. 11:21 A.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to reconvene the meeting. Vote of the Board: Ayes: All. PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application, and Member reading of the Legal Notice as published: 11:21 A.M. UNEXCELLED LLC #6369 by Jennifer Porter, Esq., and Amy Bennett. Request for Variance from Code Section 280-85 (D)7 and 280-86C based on an application for building permit for freestanding and directional signs, and the Building Inspector's January 7, 2010 Notice of Disapproval concerning construction of signs, 1) sign exceeding more than the code required 24 sq. ft., 2) more than the code required maximum of two signs in a "B" Zone; at 10300 NYS Route 25, Mattituck, NY. SCTM #1000-143-3-33.2. Zone - B. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was Page 4 - Minutes Regular Meeting held May 20, 2010 Southold Town Zoning Board of Appeals offered by Chairperson Weisman, seconded by Member Goehringer, to close the hearing, reserving decision, subject to receipt of photos showing signs at similar locations. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:40 A.M. ANTHONY BONAGURA #6378 by Anthony and Barbara Bonagura; John Costello, Lynn Tonnesen, Lyn Harpell, Joe Kobrin and Joe Farrell in opposition. Applicants request a Special Exception under Section 280-13B (14). The Applicants are the owners requesting authorization to estabhsh 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: 900 Holbrook Lane, (adj. Mattituck Creek) Mattituck, NY. SCTM #1000-113-6-11. Zone - R-40. 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 letter from applicant defining seasonal use, number of bedrooms for B&B use, road maintenance, how advising guests regarding roads etc. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 12:29 P.M. MESKOURIS (P.M.V. FAMILY LLC) #6372 by Frank Notaro, Architect and James Meskouris. Request for Variance from Code Section 280-124, based on an application for building permit to construct new single-family dwelling, and the Building Inspector's September 3, 2009, Updated February 4, 2010 Notice of Disapproval concerning proposed new single family dwelling, exceeding maximum lot coverage of 20%(buildable area); at 530 Sound Beach Dr., (adj. to Long Island Sound) Mattituck, NY. SCTM#1000-99-1-12.1. Zone: R-40.. 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 letter regarding footpath to CEHL, and completion of the application letters D&G. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 12:52 P.M. HENRY TRAENDLY and BARBARA CADWALLADER #6264 by Anthony Pasca, Esq., and Henry Traendly. Requests for Variances (in this pending subdivision application) under Zoning Code Section 280-14, Bulk Schedule Attachment 3; concerning~ a proposed lot width of less than 150 feet for the applicant's westerly parcel (CTM 1000-31-14-11), and lot area containing less than the code-required minimum 40,000 square feet of buildable land for each CTM 1000.31-14-11 and CTM 1000-31-14- 12 adjacent land owned by Mike and Viola Niamonitakis. Location of Property: 13000 Main Road (and 13220 Main Road), East Marion (adj. to Gardiners Bay, a/k/a Orient Harbor, Dam Pond Inlet). 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 notification of completion of footpath access to water by applicant. Vote of the Board: Ayes: All. This Resolution was duly adopted (5- 0). 1:44 P.M. GWYNETH M. KETTERER and MARY B. SYKES #6349 by Patricia Moore, Esq., and Nancy Steelman, Architect. (Adjourned from 1/21/10). Requests for Variances under Code Sections 280-123 and 280-15, based on the September 24, 2009 Building Inspector's Notice of Disapproval Amended November 4, 2009, and an Page 5 - Minutes Regular Meeting held May 20, 2010 Southold Town Zoning Board of Appeals application for a building permit concerning proposed new additions and alterations to a nonconforming accessory structure disapproved for the following reasons: (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) proposed new construction is proposed at: (a) less than the code required 50 foot minimum front yard setback, (b) less than the minimum side yard setback of 20 feet, and (c) greater than the code limitation of 22 feet maximum height, at 1995 Ryder Farm Lane, (adj. to Long Island Sound) Orient. CTM: 15-3-1.1. 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 close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 2:10 P.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to take a short recess. Vote of the Board: Ayes: All. 2:35 P.M. Motion was offered by Member Goehringer, seconded by Chairperson Weisman, to reconvene the meeting. Vote of the Board: Ayes: All. PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application, and Member reading of the Legal Notice as pubhshed: Member Horning recused himself from the next Public Hearing and left the room. 2:35 P.M. CMEEC/F I ELECTRIC CORP. #6375 by John Warn. (Adjourned from 4/22/10). Apphcants request a Special Exception under Section 280-13B(6), pubhc utility, installation of an emergency generator and request for rebel 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.) 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 (4-0). Member Horning recused himself. 2:39 P.M. Member Homing returned. 2:39 P.M. JAY MANDELBAUM #6359 by Harvey Arnoff, Esq., for the applicant and Connie Montei~orte, neighbor with concerns. (Adjourned from 3/25/10). Request for Variance from Code Section 280-13 and 280-105A, 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.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to close the hearing, reserving decision pending receipt of written comments from neighbor by 5/28/10 and response by Mr. Arnoff for applicant by 6/4/10. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 6 - Minutes Regular Meeting held May 20, 2010 Southold Town Zoning Board of Appeals 3:13 P.M. LINDA HILL #6364 by Steven Hill. (Adjourned from 3/25/10). 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 Goehringer, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Horning was absent. 3:15 P.M. Member Horning left. RESOLUTIONS/UPDATED REVIEWS/OTHER: RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to set the next Regular Meeting with Public Hearings to be held June 30, 2010 at 9:00 AM. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Horning was absent. Chairperson Weisman confirmed the next Special Meeting Date for Junel0, 2010 at 6:00 PM. Work Session: Other items continued from above Agenda, also other/inspections or updates: Code Committee: updates, work session discussions for code changes; A Local Law in relation to Amendments to Chapter 280, Zoning, LWRP Committee; Planning & Zoning Committee; Other; The Board discussed the process related to concurrent jurisdiction on applications before ZBA and Landmarks Preservation Commission; hiring consultants to evaluate structural soundness of foundations; workplace safety, 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. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to withdraw application#5818, Cardinale, upon investigation project was issued a building permit#33468 in 2007, variance not required. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Homing was absent. 4:15 P.M. Motion was offered by Chairperson Weisman, seconded by Member Dinizio to close the meeting. Vote of the Board: Ayes: All. Member Homing was absent. Page 7 - Minutes Regular Meeting held May 20, 2010 Southold Town Zoning Board of Appeals There being no other business properly coming before the Board at this time, Chairperson declared the meeting adjourned. The meeting was adjourned at 4:15 P.M. Included by Reference: Filed ZBA Decisions (2) Leslie Kanes Weisman, Chairperson~/.27'/010 Approved for Filing Resolution Adopted Southold Town Cleri