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Home My WebLink AboutZBA-06/30/2010 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 MINUTES REGULAR MEETING THURSDAY, JUNE 30, 2010 RECEIVED 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 Wednesday June 30, 2010 commencing at 9:00 A.M. Leslie Kanes Weisman, Chairperson/Member Gerard P. Goehringer, Member James Dinizio, Member Ken Schneider, Member George Horning, Member (left 3:10 p.m.) Jennifer Andaloro, Assistant Town Attorney Vicki Toth, ZBA Secretary 9:03 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 application. The original of the following application was decided, with the original determination filed with the Southold Town Clerk: DENIED, GRANTED ALTERNATIVE RELIEF WITH CONDITIONS: Gwyneth M. Ketterer and Mary B. Sykes #6349 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 requests setback, dimensional, lot waiver, accessory apartment, bed and breakfast requests: Page 2 - Minutes Regular Meeting held June 30, 2010 Southold Town Zoning Board of Appeals MARY ZUPA #6394 JOHN J. ABELE #6386 SIM MOY #6383 ANDREW GREENE #6387 THOMAS and NANCY M. SPURGE #6380 CHARLES MATTINA (BELLMATT PROPERTIES, LLC) #6381 FRANK and DONNA SCAROLA and DONNA PERRIN #6382 JOSEPH F. GONZALES #6384 ALEXANDER L. and TRACY M. SUTTON #6385 B. 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). RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Chairperson Weisman confirmed the next Special Meeting Date for July 13, 2010 at 6:00 PM. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to set the next Regular Meeting with Public Hearings to be held July 29, 2010 at 9:00 AM. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Work Session: Other items continued from above Agenda, also other/inspections or updates: Code Committee: updates, work session discussions for code changes: Dark skies legislation is currently under discussion and relief would be available by application to the ZBA A Local Law in relation to Amendments to Chapter 280, Zoning, LWRP Committee; Planning & Zoning Committee; Other: The Board members agreed that applications from Fishers Island would be assigned to member Homing RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to approve Minutes from Special Meeting held June 10, 2010. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Goehringer to adopt Amended Decision #6351, Heath to include revised Covenants and Restrictions. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Dinizio to accept request to withdraw without prejudice application ZBA #6398 - Cebulski (Dorothy Farnbach Trust). and issue refund of filing fee, per request received from agent dated June 21, 2010. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 3 - Minutes Regular Meeting held June 30, 2010 Southold Town Zoning Board of Appeals PUBLIC HEARINGS: The following public hearings were held, with Chairperson Weisman introducing each application, and assigned Member reading of the Legal Notice as published. 9:34 A.M. MARY ZUPA ~6394; Mary and Victor Zupa (owner); Frank Islet, Esq., Anthony Pasca, Esq., for Paradise Point Association. Request for Variance from Code Section 280-14, based on an application for building permit to build a new single family dwelling in addition to an existing marina, and the Building Inspector's March 24, 2010, Amended April 1, 2010 Notice of Disapproval stating that the proposed construction is not permitted unless the same conforms to the Bulk Schedule and Parking Schedule proposal is at less than the code required 80,000 s.q. ft. of land. Location of Property: 580 Basin Rd., (adjacent to Southold Bay) Southold, NY. SCTM #1000-81-1-16.7. Zone: R-80. (The Zoning Board of Appeals, in its Decision # 5244 dated August 2, 2004, granted the applicant relief from the 80,000 sq. ft. requirement to allow the construction of a new single family dwelling, however, the grant was conditioned upon either the abandonment of the existing, legal non- conforming marina use or the grant of a variance pursuant to Section 280-121G that would allow the non-conforming use to continue in conjunction with the single family dwelling - a permitted use. This application is being made to fulfill this condition.) BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Dinizio, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:45 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). 10:00 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 assigned Member reading of the Legal Notice as published: 10:00 A.M. JOHN J. ABELE #6386 by Gary Olsen, Esq. and Bruce Romboli, neighbor. Request for Variances from Code Section 280-10(A) based on an apphcation for building permit and the Building Inspector's March 18, 2010, Notice of Disapproval concerning waiver of merger which states that the nonconforming lots shall merge 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 located to the south identified as SCTM #1000-79-4-41 at; 500 Harbor Lights Dr., Southold, NY. SCTM #1000-71-2-12. 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). Page 4 - Minutes Regular Meeting held June 30, 2010 Southold Town Zoning Board of Appeals 10:20 A.M. DELIBERATION/DECISION: The Board deliberated on the following application with the written determination to be filed with the Southold Town Clerk: APPROVED ASAPPLIED John J. Abele #6386 Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:21 A.M. SIM MOY #6383 by David Rosenberg, Esq., Bruce Anderson, Suffolk Environmental, Joseph Fischetti, PE. Opposition: Peter Gunn, Jerry Case, Henry Kaminer and Constance Case, neighbors. Request for Variances from Code Sections 280-124 & 280-116 based on an application for building permit and the Building Inspector's January 12, 2010, Updated March 15, 2010, Notice of Disapproval concerning construction of a new single family dwelling, at (1) less than the code required minimum rear yard setback of 35 feet, (2) less than the code required setback from a bulkhead of 75 feet at; 750 West Lake Dr., Southold, NY. SCTM #1000-90-2-1. (adj. to Little Peconic Bay and dug 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 adjourn the hearing, to August 26, 2010 at 1:30 pm. subiect to receipt of topographical survey showing one (1) foot contours, driveway design and drainage/seotic. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:45 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). 12:00 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 assigned Member reading of the Legal Notice as published: 12:01 P.M. ANDREW GREENE #6387 by P. Moore, Esq. Request for Variances from Code Section 280-116(A) based on an application for building permit and the Building Inspector's March 24, 2010, Notice of Disapproval concerning construction of an accessory in-ground swimming pool at less than the code required setback from a bluff of 100 feet at; 30653 Route 48, Peconic, NY. SCTM #1000-73-4-5. (adj. to Long Island Sound). 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 enter into Executive Session. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 12:17 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). Page 5 - Minutes Regular Meeting held June 30, 2010 Southold Town Zoning Board of Appeals 12:33 P.M. ANDREW GREENE ~6387(Continued). 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 adiourn without a date, without prejudice, until in comphance with prior ZBA decision or new Town code regarding accessory apartments in accessory structures. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 12:24 P.M. THOMAS and NANCY M. SPURGE #6380 by Amy Martin, Fairweather- Brown Design. Request for Variance from Code Section 280-124, based on an application for building permit and the Building Inspector's November 20, 2009, Updated February 18, 2010, Notice of Disapproval concerning "as built" deck addition at less than the code required front yard setback of 35 feet at; 3273 Manhasset Rd., Greenport, NY. SCTM#1000-43-1-9. 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, reserving decision, pending receipt of green cards. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 12:32 P.M. CHARLES MATTINA (BELLMATT PROPERTIES, LLC) #6381 by Stacey Bishop, East End Construction Service and Charles Mattina; Tony Bellisimo, in opposition. Request for Variance from Code Section 280-124, based on an application for building permit and the Building Inspector's March 1, 2010, Notice of Disapproval concerning deck additions at less than the code required front yard setback of 35 feet at; 545 Koke Dr., Southold, NY. SCTM #1000-87-5-14. 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~ subiect to receipt of original plans from Building Department and receipt from al)plicant of plans and elevations for a smaller scale deck. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 12:58 P.M. FRANK and DONNA SCAROLA and DONNA PERRIN #6382 by Bill Gorman, New England Barns. Applicants request a Special Exception under Section 280-13B(14). The Applicants are the owners requesting authorization to expand an Accessory Bed and Breakfast, accessory and incidental to their residential occupancy in this single family dwelling, from three (3) bedrooms to five (5) 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 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). 1:07 P.M. JOSEPH F. GONZALES #6384 by Jodi Giglio and Joseph Gonzales.. Request for Variances from Code Section 280-116 based on an application for building permit and the Building Inspector's Amended December 10, 2009, Updated March 9, 2010, Notice of Disapproval concerning "as built" rear deck and existing sheds, at less than the code required setback from a bulkhead of 75 feet at; 2700 Ole Jule Lane Mattituck, NY. SCTM #1000-122-4-14. (adj. to James Creek). BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After Page 6 - Minutes Regular Meeting held June 30, 2010 Southold Town Zoning Board of Appeals 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). 1:17 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). 1:42 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: 1:43 P.M. ALEXANDER L. and TRACY M. SUTTON #6385. Patricia Moore, Esq., for applicant; Tom and Claire Kennedy, J. Guild, Joyce Grigonis, John Helgesen, Barbara McLaughlin, Warren Knudsen and Peter Pietanza in opposition. Request for Variances from Code Section 280-18 based on an application for building permit and the Building Inspector's October 14, 2009, Updated March 18, 2010, Notice of Disapproval concerning proposed two lot subdivision, with total lot area less than the code required 80,000 square feet for two lots at; 1160 North Bayview Rd., Southold, NY. SCTM #1000-78-9-54 & 78. 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 adiourn the hearing, to August 26, 2010 at 2:00 pm in order for the Board to review alternate survey submitted by applicant at public hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 3:05 P.M. Motion was offered by Member Goehringer, seconded by Member Dinizio, to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 3:10 P.M. Member Horning left. 3:13 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 (4-0). Member Hormng was absent. PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application, and assigned Member reading of the Legal Notice as published: 3:14 P.M. LEWIS EDSON#6353. Patricia Moore, Esq., Chris Baiz, Agricultural Advisory Committee Chairperson, in favor and Benja Schwartz in opposition. (Adjourned from PH 3/25/10) Request for variance from Chapter 72, Art. l, 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 Page 7 - Minutes Regular Meeting held Juno 30, 2010 Southold Town Zoning Board of Appeals 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. 4:15 P.M. NICK MIHALIOS #6361 by Patricia Moore, Esq., and Nick Mihalios; Peter Panagopoulos, neighbor in opposition. (adjourned from PH 4/22/10) 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 % feet in the side and rear yards, at 1230 The Strand, East Marion, NY. SCTM #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 Dinizio, to close the hearing, subject to receipt of an elevation plan showing proposed height of fence from the road to the bluff on the applicant's and the adiacent neighbor's property by July 31st, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Horning was absent. 5:10 P.M. MARC and DEIRDRE SOKOL # 6318 by Patricia Moore, Esq. (Adjourned from PH 2/25/10) 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 hmitation 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 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. There being no other business properly coming before the Board at this time, Chairperson declared the meeting adjourned. The meeting was adjourned at 5:20 P.M. Respectfully, VickiToth 7 // /2010 Included by Reference: Filed ZBA Decisions (2) nes Weisman, Chairperson~/o~O/2010 Approved for Filing ! Resolution Adopted '" UL 2 2 2010 Southold Town Clerl