HomeMy WebLinkAboutZBA-07/29/2010 BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
James Dinizio
Gerard P. Goehringer
George Homing
Ken Schneider
Southold Town Hall
53095 Main Road · RO. 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, JULY 29, 2010
AUG
Southold Town Clef[
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 July 29, 2010 commencing at 9:00 A.M.
Present were:
Gerard P. Goehringer, Vice Chairperson/Member
James Dinizio, Member
Ken Schneider, Member
George Horning, Member (left 3:05 p.m.)
Vicki Toth, ZBA Secretary
Absent: Leslie Kanes Weisman, Chairperson/Member
Jennifer Andaloro, Assistant Town Attorney
9:02 A.M. Vice Chairperson Goehringer 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 the following apphcations were decided, with the original
determinations filed with the Southold Town Clerk:
DENIED
HENRY TRAENDLY and BARBARA CADWALLADER # 6264
APPROVED WITH CONDITIONS
JOSEPH F. GONZALES #6384 (as built deck)
THOMAS and NANCY M. SPURGE #6380
Page 2 - Minutes
Regular Meeting held July 29, 2010
Southold Town Zoning Board of Appeals
DENIED, GRANT ALTERNATIVE RELIEF
JOSEPH F. GONZALEZ (sheds)
Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Chairperson Weisman
was absent.
RESOLUTIONS/UPDATED REVIEWS/OTHER:
A. RESOLUTION ADOPTED: Motion was offered by Vice Chairperson Goehringer,
seconded by Member Schneider, to set a Special Meeting for Thursday, August 5,
2010 at 6:00 p.m. Vote of the Board: Ayes: All. This Resolution was duly adopted
(4-0). Chairperson Weisman was absent.
B. Vice Chairperson Goehringer confirmed the next Special Meeting Date for August 18,
2010 at 6:00 PM.
C. RESOLUTION ADOPTED: Motion was offered by Vice Chairperson Goehringer,
seconded by Member Dimzio, to set the next Regular Meeting with Public Hearings to
be held August 26, 2010 at 9:00 AM. Vote of the Board: Ayes: All. This Resolution
was duly adopted (4-0). Chairperson Weisman was absent.
D. RESOLUTION ADOPTED: Motion was offered by Vice Chairperson Goehringer,
seconded by Member Schneider to approve Minutes from Special Meeting held July
13, 2010. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0).
Chairperson Weisman was absent.
STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS (SEQRA):
A. BOARD RESOLUTION: Motion was made by V~ce Chairperson Goehringer, seconded
by Member Schneider, to declare the following Declarations:
Type II Actions with no further steps regarding requests setback, dimensional, lot
waiver, accessory apartment, bed and breakfast requests:
KEVIN & JEANINE FAGA #6367
JENNIE PAPPAS #6390
HARRIET McNAMARA (McNamara Family Trust) #6393
MICHAEL and CAROLEE LEVISON #6402
REGINA'S GARDEN LLC #6388
SOUTHOLD FREE LIBRARY #6391
R1TA DURAN #6395
FISHERS ISLAND FIRE DISTRICT #6399
JOHN E. and SHARON I. WREN #6389
CHARLES D. and DIANE HARKOFF RVC. TR. #6392
MARITIME DAY SCHOOL (H & S Assoc. Realty, LLC.) #6397
GILLIAN FRANCIS and SARAH SALM #6400
B. SEQRA Reviews Pending: (Tabled for Lead Agency Determination). WILLIAM A.
PENNEY III # 6319 - Special Exception regarding Motor Vehicle Sales Use.
Page 3 - Minutes
Regular Meeting held July 29, 2010
Southold Town Zoning Board of Appeals
Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Chairperson Weisman
was absent.
9:25 A. M. Motion was offered by Vice Chairperson Goehringer, seconded by Member
Dinizio, to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly
adopted (4-0). Chairperson Weisman was absent.
9:32 A.M. Motion was offered by Vice Chairperson Goehringer, seconded by Member
Schneider, to reconvene the meeting. Vote of the Board: Ayes: All. This Resolution
was duly adopted (4-0). Chairperson Weisman was absent.
PUBLIC HEARINGS: The following public hearings were held, with Vice Chairperson
Goehringer introducing each application, and assigned Member reading of the Legal Notice as
published.
9:33 A.M. FISHERS ISLAND FIRE DISTRICT #6399 by Stephen Ham, Esq. Request
for Variance from Code Sections 280-122 and 280-15, based on an apphcation for
building permit and the Building Inspector's March 29, 2010, amended April 27, 2010
Notice of Disapproval, concerning additions/alterations to existing fire station and "as
butt" accessory shed, 1) proposed addition is not permitted, it shall create new
nonconformance or increase the degree of nonconformance, 2) less than the code
required front yard setback of 60 feet on both roads, 3) accessory structure not in the
code required rear yard with a front yard setback of 13 feet at: Athol Crescent and
Equestrian Ave., Fishers Island. SCTM #1000-9-2-4.1. BOARD RESOLUTION:
(Please see transcript of written statements prepared under separate cover.) After
receiving testimony, motion was offered by Vice Chairperson Goehringer, seconded by
Member Horning, to close the hearing, reserving decision. Vote of the Board: Ayes: All.
This Resolution was duly adopted (4-0). Chairperson Weisman was absent.
9:50 A.M. SOUTHOLD FREE LIBRARY #6391 by Robert Stromski, Agent; Caroline
MacArthur, Library Director; Pauline Pharr. Request for Variances from Code Section
280-46, based on an application for building permit and the Building Inspector's
October 13, 2009, Notice of Disapproval concerning proposed addition to a commercial
building, at: height exceeding maximum number of stories allowed of two stories at;
53705 Main Rd. and Traveler St., Southold. SCTM #1000-61-1-15.1, 15.2, 14. BOARD
RESOLUTION: (Please see transcript of written statements prepared under separate
cover.) After receiving testimony, motion was offered by Vice Chairperson Goehringer,
seconded by Member Homing, to close the hearing, and extend the written until
August 17, 2010 for additional comments from other agencies. Vote of the Board: Ayes:
All. This Resolution was duly adopted (4-0). Chairperson Weisman was absent.
10:14 A. M. RITA DURAN #6395 by J. Fitzgerald, Proper-T Permits and Greg Kehl.
Request for Variance from Code Section 280-124, based on an application for building
permit and the Building Inspector's March 18, 2010 Notice of Disapproval, concermng
additions to existing dwelling, 1) lot coverage at more than the code required
maximum of 20%, at: 1145 Smith Dr., So., Southold. SCTM #1000-76-2-33. BOARD
RESOLUTION: (Please see transcript of written statements prepared under separate
cover.) After receiving testimony, motion was offered by Vice Chairperson Goehringer,
seconded by Member Dinizio, to close the hearing, reserving decision. Vote of the
Board: Ayes: All. This Resolution was duly adopted (4-0). Chairperson Weisman was
Page 4 - Minutes
Regular Meeting held July 29, 2010
Southold Town Zoning Board of Appeals
absent.
10:24 A.M. CHARLES D. and DIANE HARKOFF RVC. TR. #6392 by Nancy Steelman,
Architect. Request for Variance from Code Sections 280-122A and 280-15, based on an
application for building permit and the Building Inspector's March 10, 2010, Notice of
Disapproval concerning renovations/additions and "as built" storage buildings, at:
For the renovations/additions;l) less than the code required side yard setback
of 15 feet, 2) less than the code required front yard setback of 15 feet; 3)
(Pursuant to Walz (5039) interpretation such renovations and additions will
constitute an increase in the degree of nonconformance)
For the storage buildings: 1) less than the code required side yard setback of 15
feet, 2) less than the code required rear yard setback of 25 feet, 3) accessory
structures located in area other than the code required rear yard; Lot coverage
at more than the code required maximum of 40%, at: 835 First St., Cutchogue.
SCTM #1000-117-8~15. Zone - HB. BOARD RESOLUTION: (Please see
transcript of written statements prepared under separate cover.) After
receiving testimony, motion was offered by Vice Chairperson Goehringer,
seconded by Member Schneider, to close the hearing, reserving decision. Vote
of the Board: Ayes: All. This Resolution was duly adopted (4-0). Chairperson
Weisman was absent.
10:45 A.M. MARITIME DAY SCHOOL (II & S Assoc. Realty, LLC.) #6397 by Anthony
Pasca, Agent and Amy Burns, Co-Director. Request for Special Exception per Code
Section 280-13B(4), the applicant is requesting permission to convert existing office
space to operate a nursery school at: 31095 Route 25, Cutchogue. SCTM #10007102-2-
24.1. BOARD RESOLUTION: (Please see transcript of written statements prepared
under separate cover.) After receiving testimony, motion was offered by Vice
Chairperson Goehringer, seconded by Member Dinizio, to close the hearing, reserving
decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0).
Chairperson Weisman was absent.
10:55 A.M. Motion was offered by Vice Chairperson Goehringer, seconded by Member
Horning, to take a short recess. Vote of the Board: Ayes: All. This Resolution was
duly adopted (4-0). Chairperson Weisman was absent.
11:10 A.M. Motion was offered by Member Schneider, seconded by Vice Chairperson
Goehringer, to reconvene the meeting. Vote of the Board: Ayes: All. This Resolution
was duly adopted (4-0). Chairperson Weisman was absent.
PUBLIC HEARINGS (continued): The following public hearings were held, with Vice
Chairperson Goehringer introducing each application, and assigned Member reading of the
Legal Notice as published:
11:10 A. M. REGINA'S GARDEN LLC #6388 Request for Variance from Code Sections
280-13 and 280-14, based on an application for building permit to operate a farm office
in a non conforming building, and the Building Inspector's March 10, 2010, Notice of
Disapproval stating that the proposed use on this parcel in the AC zone is not
permitted and exceeds the code permitted number of uses per the Bulk schedule at:
Page 5 - Minutes
Regular Meeting held July 29, 2010
Southold Town Zoning Board of Appeals
1150 Sound Ave., Mattituck. SCTM#1000-120-3-5. BOARD RESOLUTION: (Please
see transcript of written statements prepared under separate cover.) After receiving
testimony, motion was offered by Vice Chairperson Goehringer, seconded by Member
Homing, to adjourn the hearing, to September 23, 2010 at 1:00 pm. subject to re-
notice, mailings and postings. Vote of the Board: Ayes: All. This Resolution was duly
adopted (4-0). Chairperson Weisman was absent.
11:13 A.M. Motion was offered by Vice Chairperson Goehringer, seconded by Member
Schneider, to take a short recess. Vote of the Board: Ayes: All. This Resolution was
duly adopted (4-0). Chairperson Weisman was absent.
11:20 A.M. Motion was offered by Vice Chairperson Goehringer, seconded by Member
Dinizio, to reconvene the meeting. Vote of the Board: Ayes: All. This Resolution was
duly adopted (4-0). Chairperson Weisman was absent.
PUBLIC HEARINGS (continued): The following public hearings were held, with Vice
Chairperson Goehringer introducing each application, and assigned Member reading of the
Legal Notice as published:
11:20 A.M. MICHAEL and CAROLEE LEVISON #6402 by Robert Herrmann, Agent,
Michael Levison and Ed Beaugard, neighbor in favor. Request for Variance from Code
Sections 280-116B, based on an application for building permit and the Building
Inspector's April 8, 2010, Notice of Disapproval concerning additions to an existing
dwelling, at: less than the code required setback to a bulkhead of 75 feet at: 1025
Albacore Dr. and Blue Marlin Dr. (adj. to canal leading to Southold Bay) Greenport.
SCTM #1000-57-1-14. BOARD RESOLUTION: (Please see transcript of written
statements prepared under separate cover.) After receiving testimony, motion was
offered by Vice Chairperson Goehringer, seconded by Member Homing, to close the
hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly
adopted (4-0). Chairperson Weisman was absent.
11:39 A. M. GILLIAN FRANCIS and SARAH SALM #6400 by Gilhan Francis and
Sarah Salm. Request for Variance from Code Sections 280-122A and 280-124, based on
an application for building permit and the Building Inspector's April 16, 2010, Notice
of Disapproval concerning additions and alterations to an existing dwelling, 1)
proposed additions are not permitted, it shall create a new nonconformance or increase
the degree of nonconformance (Pursuant to Walz (5039) interpretation such
renovations and additions will constitute an increase in the degree of
nonconformance), 2) less than the code required side yard setback of 10 feet at: 830
Wilmarth Ave., Greenport. SCTM # 1000-41-1-18. BOARD RESOLUTION: (Please see
transcript of written statements prepared under separate cover.) After receiving
testimony, motion was offered by Vice Chairperson Goehringer, seconded by Member
Dinizio, to close the hearing, reserving decision subject to receipt of additional
information on construction and foundation in writing from Architect. Vote of the
Board: Ayes: All. This Resolution was duly adopted (4-0). Chairperson Weisman was
absent.
11:46 A. M. HARRIET McNAMARA (McNamara Family Trust) #6393 by Harriet and
Terry McNamara. Request for Variance from Code Sections 280-122A and 280-124,
based on an application for building permit and the Building Inspector's March 18,
2010 Notice of Disapproval, concerning additions to one of two existing seasonal
Page 6 - Minutes
Regular Meeting held July 29, 2010
Southold Town Zoning Board of Appeals
dwelhngs, 1) proposed addition is not permitted, it shall create new nonconformance or
increase the degree of nonconformance, 2) lot coverage at more than the code required
maximum of 20%, at: Peninsula Rd., (adj. to Darbies Cove) Fishers Island. SCTM
#1000-10-4-12.3. BOARD RESOLUTION: (Please see transcript of written statements
prepared under separate cover.) After receiving testimony, motion was offered by Vice
Chairperson Goehringer, seconded by Member Homing, to adjourn the hearing to
October 21, 2010 at 1:00 p.m. subject to receipt of response to letter from neighbor;
having Building Inspector conduct inspection of property and obtaining pre CO. Vote
of the Board: Ayes: All. This Resolution was duly adopted (4-0). Chairperson Weisman
was absent.
12:06 P.M. JOHN E. and SHARON I. WREN #6389 by Meryl Kramer, Agent; John
Wren; Elana Castellano; Steve Latham and Ora Heath, neighbors in support. Request
for Variance from Code Section 280-124, based on an application for building permit
and the Building Inspector's March 10, 2010, Notice of Disapproval concerning
reconstruction and addition to single-family dwelling, at 1) less than the code required
rear yard setback of 35 feet, 2) exceeding maximum lot coverage of 20%; at 225
Hippodrome Dr., Southold. SCTM #1000-66-2-32. BOARD RESOLUTION: (Please see
transcript of written statements prepared under separate cover.) After receiving
testimony, motion was offered by Vice Chairperson Goehringer, seconded by Member
Horning, to recess the hearing until 2:00 p.m. Vote of the Board: Ayes: All. This
Resolution was duly adopted (4-0). Chairperson Weisman was absent.
12:49 P.M. JENNIE PAPPAS #6390 by Catherine Mesiano, Agent and William
Pappas, husband of owner. Request for Variance from Code Sections 280-124 and 280-
116, based on an application for building permit and the Building Inspector's January
12, 2010 Notice of Disapproval, amended March 4, 2010, concerning "as built"
additions to single-family dwelling, at 1) less than the code required side yard setback
of 10 feet, 2) less than the code required rear yard setback of 35 feet, 3) less than the
code required setback to a bulkhead of 75 feet, 4) exceeding maximum lot coverage of
20%; at 85 Beverly Rd., (adj. to Arshamomaque Pond)Southold. SCTM #1000-52-2-15.
BOARD RESOLUTION: (Please see transcript of written statements prepared under
separate cover.) After receiving testimony, motion was offered by Vice Chairperson
Goehringer, seconded by Member Dinizio, to close the hearing, reserving decision. Vote
of the Board: Ayes: All. This Resolution was duly adopted (4-0). Chairperson Weisman
was absent.
1:10 P.M. Motion was offered by Vice Chairperson Goehringer, seconded by Member
Schneider, to take a short recess. Vote of the Board: Ayes: Ail. This Resolution was
duly adopted (4-0). Chairperson Weisman was absent.
1:33 P.M. Motion was offered by Vice Chairperson Goehringer, seconded by Member
Diuizio, to reconvene the meeting. Vote of the Board: Ayes: All. This Resolution was
duly adopted (4-0). Chairperson Weisman was absent.
PUBLIC HEARINGS (continued): The following public hearings were held, with Vice
Chairperson Goehringer introducing each application, and assigned Member reading of the
Legal Notice as published:
1:34 P.M. CHRISTA HILDEBRAND and JEFF WILLIAM ABRAMS #6373 by Jeff
Abrams. (adj. from PH 5/20/10) Request for Variance from Code Section 280-15, based
Page 7 - Minutes
Regular Meeting held July 29, 2010
Southold Town Zoning Board of Appeals
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 Vice Chairperson Goehringer, seconded by Member Schneider, to close the
hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly
adopted (4-0). Chairperson Weisman was absent.
1:41 P.M. JOHN E. and SHARON I. WREN #6389 - RECONVENED. BOARD
RESOLUTION: (Please see transcript of written statements prepared under separate
cover.) After receiving testimony, motion was offered by Vice Chairperson Goehringer,
seconded by Member Schneider, to adjourn the hearing to August 26, 2010 at 1:30 p.m.
subject to receipt of an amended plan; ff received prior to 8/16/10 will close the hearing
and deliberate on August 18, 2010, reserving decision. Vote of the Board: Ayes: All.
This Resolution was duly adopted (4-0). Chairperson Weisman was absent.
1:52 P.M. KEVIN & JEANINE FAGA #6367 by Patricia Moore, Esq., Jeffrey T. Butler,
P. E. and Kevin Faga. (adj. from 4/22/10 PH). 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 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 testimony, motion was offered by Vice Chairperson Goehringer, seconded by
Member Horning, to close the hearing, reserving decision pending receipt of survey of
adjacent neighbor from attorney for applicant. Vote of the Board: Ayes: All. This
Resolution was duly adopted (4-0). Chairperson Weisman was absent.
2:43 P.M. THEODORE C. MARTZ, JR. #6344 by Anthony Pasca, for applicant and
Theodore Martz; Joseph Rizzo, and Angela Tese-Milner against. (adj. from 4/22/10 PH)
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 i will contain more than one
dwelling, (3) subdivision will result in two lots having less than 40,000 square feet for
each Parcel I & 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 Vice
Chairperson Goehringer, seconded by Member Schneider, to adjourn the hearing, to
September 23, 2010 at 1:30 P.M. Vote of the Board: Ayes: All. This Resolution was duly
adopted (3-0). Chairperson Weisman and Member Horning were absent.
Member Homing left at 3:05 P.M.
Page 8 - Minutes
Regular Meeting held July 29, 2010
Southo]d 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 3:11 P.M.
Respectfully ~ubmittcd,
VickiToth ~ /j~/2010
Inclucl~kb,v Reference: Filed ZBA Decisions (3)
~eslie Kan~s ~Veisman, Chairperson~
//tS/2010
Approved for Filing
Resolution Adopted
Southold Town Clef[