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Home My WebLink AboutZBA-08/26/2010 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.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 MINUTES REGULAR MEETING THURSDAY, AUGUST 26, 2010 outhold 1'own ¢lerl 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 August 26, 2010 commencing at 9:00 A.M. Leslie Kanes Weisman, Chairperson/Member Gerard P. Goehringer, Vice Chairperson/Member James Dinizio, Member Ken Schneider, Member George Horning, Member (left 3:17 p.m.) Vicki Toth, ZBA Secretary Jennifer Andaloro, Assistant Town Attorney (left 4:14 p.m.) 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 the following applications were decided, with the original determinations filed with the Southold Town Clerk: DENIED Louis and Luba Corso #6316 Vote of the Board: Ayes: Members Weisman (Chairperson), Horning, Schneider. Nays: Members Dinizio, Goehringer. This Resolution was duly adopted (3-2). DENIED, GRANT ALTERNATIVE RELIEF Kevin & Jeanine Faga #6367 Page 2 - Minutes Regular Meeting held August 26, 2010 Southold Town Zoning Board of Appeals Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Work Session: 1. Discuss proposal to increase fees. 2. Update on Special Events. Reminder Confirmation: Chairperson Weisman confirmed the next Special Meeting date for September 15, 2010 at 5:00 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 September 23, 2010 at 9:00 AM. 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 approve Minutes from Special Meeting held August 18, 2010. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).. STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS (SEORA): 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: STEVE and OLGA TENED1OS #6407 JUDITH B. ULLMAN ~nd JUDITH A. (Yehudit) MOCH #6403 THOMAS M. and MAUREEN F. DOWL1NG #6412 MICHAEL and RENEE BELLERO #6414 BONNIE M. QUINN #6408 ANDREW W. and DANA QUEEN #6401 WILLIAM GORMAN and CHRISTI WATTS-GORMAN #6405 EILEEN F. DEBANEY #6406 JOHN and DANIELLA VENET1S #6396 ORIENT FIRE DISTRICT (T-MOBILE NORTHEAST, LLC) #6379 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). Page 3 - Minutes Regular Meeting held August 26, 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. 9:42 AM - Steve and Olga Tenedios #6407 by P. Moore, Esq., Mark Schwartz, Architect, Steve Tenedios, owner and George Stankovich, opposition. Request for Variance from Code Section 280-15(F), based on an application for building permit and the Building Inspector's June 11, 2010 Notice of Disapproval, concerning proposed two story two car accessory garage, 1) location in a side yard when a front yard or rear yard location is code-required on a waterfront parcel, at: 17327 Main Rd., East Marion. SCTM #1000-23-1-14.10. 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 revised site plan showing conforming 4 ft high front yard fence; limit of clearing ~h~es and conforming deer fencing at 6.5 feet. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). 10:26 AM - Judith B. Ullman and Judith A. (Yehudit) Moch #6403 by Cathy Mesiano, Agent and Tom McCarthy. Request for variance from Code Section 280-124, based on an application for building permit and the Building Inspector's March 2, 2010, updated May 25, 2010 Notice of Disapproval concerning proposed foundation reconstruction and alteration to year round dwelling at: 1) less than the code required front yard setback of 50 feet; 2) less than the code required side yard setback of 15 feet; 3) conversion of front porch to habitable space which pursuant to "Walz' constitutes an increase in nonconformance. Property located at: 7617 Soundview Ave.,(adj. to Great Pond aka Leeton's Lake) Southold SCTM #1000-59-6-9&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: Aves: All. This Resolution was duly adooted (5-0). 10:40 A. M. Motion was offered by Member Goehringer, seconded by Chairperson Weisman, to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:49 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: 10:50 AM - William A. Penney III (Tidy Car) #6319 & 6336 by Tom McCarthy, Agent. (adj. from PH 12/3/09) Location of Property: 45450 C.R. 48 (a/k/a North Road or Middle Road) and Youngs Avenue, Southold; CTM 1000-55-5-2.2. Zone District: General Business B. The applicant is requesting the following, based on the Building Inspector's revised August 5, 2009 Notice of Disapproval: #6319 - Request for a Page 4 - Minutes Regular Meeting held August 26, 2010 Southold Town Zoning Board of Appeals Special Exception concerning vehicle and accessory sales, and #6336 - Request for a Variance concerning an as-built accessory shed building in a location other than the code-required rear yard. 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 most current site plan; list of items to be sold; planning Board comments and copy of all documents submitted to Plannin~ Board. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). 11:13 AM - Thomas M. and Maureen F. Dowhng #6412 by Mark Schwartz, Architect. Request for variance from Code Section 280-124, based on an application for building permit and the Building Inspector's May 26, 2010 Notice of Disapproval concerning proposed additions/alterations to a single-family dwelling at: 1) less than the code required side yard setback of 15 feet, 2) less than the code required total side yard combined of 35 feet. Property located at: 1200 Broadwaters Rd., (adj. to Broadwaters Cove) Cutchogue, SCTM#1000-104-9-3. 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 site inspection and written comments from Mark Terry, LWRP Coordinator regarding buffer zone. Vote of the Board: Aves: All. This Resolution was duly adooted (5-0). 11:25 AM - Michael and Renee Bellero #6414 by Mark Schwartz, Architect. Request for variance from approved Cluster Subdivision setbacks and Code Section 280-18, based on an application for building permit and the Building Inspector's May 26, 2010, amended July 13, 2010 Notice of Disapproval concerning proposed additions/alterations to existing single-family dwelling at: 1) less than the approved front yard setback of 25 feet; 2) less than the code required maximum number of stories of two and a half. Property located at: 2095 The Strand and The Greenway, East Marion, SCTM#1000-30-2-52. 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 letter from Agent re: State interpretation regarding 2 story dwelling compared to Town interpretation of 3 story. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). 11:43 AM - Bonnie M. Quinn #6408 by Garrett Strang, Architect and Bruce Anderson. Request for variance from Code Section 280-116(B) and 280-15, based on an application for building permit and the Building Inspector's June 14, 2010 Notice of Disapproval concerning "as built" alterations/additions and accessory structures at: 1) less than the code required setback from a bulkhead of 75 feet; 2) accessory structures located in side yard when the rear yard location is code required. Property located at: 1075 Cedar Point Dr., West (adj. to west Lake) Southold, SCTM #1000-90-1-4. 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: Aves: All. This Resolution was duly adopted (5-0). 11:49 AM - Andrew W. and Dana Queen#6401 by Andrew Queen, owner. Request for variance from Code Section 280-124, based on an application for building permit and the Building Inspector's December 8, 2009, updated May 27, 2010 Notice of Page 5 - Minutes Regular Meeting held August 26, 2010 Southold Town Zoning Beard of Appeals Disapproval concerning proposed deck addition to a single-family dwelling at less than the code required rear yard setback of 35 feet. Property located at: 1380 Koke Dr., Southold SCTM #1000-87-5-18: 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 adooted (5-0). 12:00 P.M. Motion was offered by Member Goehringer, seconded by Chairperson Weisman, to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 12:09 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 pubhc hearings were held, with Chairperson Weisman introducing each application, and assigned Member reading of the Legal Notice as published: 12:10 PM - William Gorman and Christi Watts-Gorman #6405 by William Gorman and Christi Watts. Request for variance from Code Section 280-121(A)la, based on an application for building permit and the Building Inspector's May 14, 2010 Notice of Disapproval concerning proposed change of use to an existing structure: 1) In the AC Zone the proposed use is not allowed, 2) per Zoning Board of Appeals grant~1508 structure was granted vacuum cleaner sales and repairs, proposal is to change to retail antique/craft shop. Property located at: 45805 Route 25, Southold SCTM #1000-75-2- 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 ad]ourn the hearing without a date. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). 12:37 PM - Eileen F. Debanev #6406 by P. Moore, Esq., Angel Chorno, Architect and John Rasmeiler, neighbor. Request for Variance from Code Section 280-124, based on an application for building permit and the Building Inspector's June 3, 2010 Notice of Disapproval, concerning "as built" deck addition to existing single-family dwelling, 1) less than the code required front yard setback of 35 feet, at: 1140 Carrington Rd. and Vanston Rd., Cutchogue. SCTM #1000-111-6-10. 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: Aves: Ail. This Resolution was duly adooted (5-0). 12:06 P.M. Motion was offered by Member Goehringer, seconded by Member Schneider, to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:26 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 6 - Minutes Regular Meeting held August 26, 2010 Southold Town Zoning Board of Appeals PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each apphcation, and assigned Member reading of the Legal Notice as published: 1:26 PM - JOHN and DANIELLA VENETIS #6396 by P. Moore, Esq., Angel Chorno, Architect and John Venetis, owner. Requests for Variances under Sections 280-116-B and 280-124, based on the Building Inspector's April 20, 2010 Notice of Disapproval concerning an application for reconstruction and second floor addition, which new construction will be: 1) less than the code-required minimum of 75 feet from the bulkhead, 2) less than 35 feet from the front lot line, 3) less than 35 feet from the rear lot line, 4) less than 25 feet for both (combined) minimum side yard setbacks, 5) exceeds the code limitation of 20% maximum lot coverage (building area), at 2600 Takaposha Road, (adj. to Corey Harbor) Southold; CTM 1000-87- 6-4. 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 October 21, 2010 at 1:00 p.m. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 2:10 PM ORIENT FIRE DISTRICT (T-MOBILE NORTHEAST, LLC) #6379. (adj, from May 20, 2010 PH) Request for Variance from Code Section 280-70(i) based on an application for building permit to co-locate on existing wireless communication tower and install equipment, and the Building Inspector's August 13, 2009, amended December 8, 2009, updated March 4, 2010 Notice of Disapproval concerning co-location of wireless communication tower, 1) tower exceeding the code required maximum height of 45 feet and the prior height granted of 90 feet; at 23300 Main Rd. and Tabor Rd., Orient, NY. SCTM #1000-18-5-13.8. Zone RS0. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After opening hearing, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to adiourn the hearing without a date, per August 12, 2010 letter from attorney for aoolicant. Vote of the Board: Aves: All. This Resolution was duly adovted (5-0). 2:12 PM SIM MOY #6383 by Bruce Anderson, Agent, Joseph Fischetti, PE; and David Rosenberg, Esq. John Tarbet, Esq.; Drew Bennett, PE; Henry Kaminer; David Schab and Peter Gunn, opposition (adj. from June 30,2010 PH) 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 Pecomc 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 hearin~ to Sevtember 23~ 2010 at 2:00 p.m. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Horning was absent. Page 7 - Minutes Regular Meeting held August 26, 2010 Southold Town Zoning Board of Appeals 3:17 P.M. - Member Homing left. 3:19 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 (4-0). Member Horning was absent. 3:26 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 Homing 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: 3:26 PM JOHN E. and SHARON I. WREN #6389 by Sharon Wren, owner; John Tarbet, Esq., Mrs. Kuchner, opposition; Bruce Heath, in favor. Board to consider request to adjourn hearing per agent letter dated August 19, 2010. (adj. from July 29, 2010 PH) 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 Chairperson Weisman, seconded by Member Goehringer, to adiourn the hearing to September 23, 2010 at 2:30 p.m. Vote of the Board: Aves: All. This Resolution was duly adopted (4-0). Member Homing was absent. 3:49 PM ALEXANDER L. and TRACY M. SUTTON #6385 by P. Moore, Esq., Eileen Powers, Esq., William Grigonis, John Helgerson, Tom and Claire Kennedy, Jean Guarriello and Mr. Breitweg. (adj. from June 30, 2010 PH) ]~equest 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 close the hearing, reserving decision subiect to receipt of amended survey. Vote of the Board: Aves: All. This Resolution was duly adopted (4-0). Member Homing was absent. 4:14 PM Assistant Town Attorney Andaloro left. Page 8 - Minutes Regular Meeting held August 26, 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 4:40 P.M. Respectfully submitted, Vicki Toth ~ / ~./2010 Include~J~y Reference: Filed ZBA Decisions (2) Approved for Filing ~ Resolution Adopted ·