HomeMy WebLinkAboutZBA-09/23/2010 BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
James Dinizio
Gerard P. Goehringer
George Homing
Ken Schneider
Southold Town Hall
53095 Main Road · EO. 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 SOUTHOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
MINUTES
REGULAR MEETING
THURSDAY, SEPTEMBER 23, 2010
Southold Town Clerk
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 September 23, 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 3:16 p.m.)
Vicki Toth, ZBA Secretary
Jennifer Andaloro, Assistant Town Attorney
9:03 A.M. Chairperson Weisman called the meeting to order with the Pledge of Allegiance.
EXECUTIVE SESSION
9:03 A.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to
enter into Executive Session for the purpose of discussing litigation matters. Vote of the
Board: Ayes: All
9:19 A.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to
reconvene the meeting. Vote of the Board: Ayes: All.
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:
APPROVED WITH CONDITIONS:
THOMAS and MAUREEN F. DOWLING #6412 (PH concluded 8/16/10)
Page 2 - Minutes
Regular Meeting held September 23, 2010
Southold Town Zoning Board of Appeals
Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS (SEQRA):
BOARD RESOLUTION: Motion was made by Chairperson Weisman, seconded
by Member Goehringer, to declare the following Declarations:
Type II Actions (No further steps- setback/dimensional]lot waiver/accessory
apartment/bed and breakfast requests):
ANTHONY S. CAMPO #6411
RICHARD J. and JOANN SAVARESE #6415
STEPHANOS STEFANIDES #6413
CUTCHOGUE NEW SUFFOLK HISTORICAL COUNCIL #6416 & 6420
DAHNA M. BASILICE #6409
ROY WARD #6404
DOUGLAS SLAMA and NANCY SCHRANK #6418
LOUIS and ELIZABETH MASTRO # 6417
RONALD A. POLLIO #6410
REGINA'S GARDEN LLC #6388
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 assigned Member reading of the Legal Notice as published.
9:34 AM - ANTHONY S. CAMPO #6411 by Mark Schwartz, Architect and Anthony
Campo, owner. Request for Variance from Code Sections 280-124 and 280-116, based
on an application for building permit and the Building Inspector's June 3, 2010 Notice
of Disapproval concerning demolition and construction of a new single-family dwelling,
at 1) less than the code required front yard setback of 40 feet, 2) less than the code
required rear yard setback of 50 feet, 3) less than the code required bulkhead setback
of 75 feet; at: 1165 Fisherman's Beach Rd., (adj. to Cutchogue Harbor) Cutchogue, NY.
SCTM #1000~111-1-26. 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 October 21, 2010 at 2 pm. Agent to provide deed information regarding R-O-
W and new site plan showing just new dwelling and septic. Vote of the Board: Aves:
All. This Resolution was duly adopted (5-0).
10:13 AM - RICHARD J. and JOANN SAVARESE #6415 by Mark Schwartz, Architect
and Richard Savarese, owner. 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 demolition and construct new single-family
dwelling, at; 1) less than the code required front yard setback of 35 feet, 2) less than
the code required rear yard setback of 35 feet, at: 2575 Old Orchard Rd., (adj. to Orient
Bay) East Marion, NY. SCTM #1000-37-6-7.1. 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 October 21, 2010 at 2:30 pm. Agent to provide
Page 3 - Minutes
Regular Meeting held September 23, 2010
Southold Town Zoning Board of Appeals
letter from neighbor on adioining .07 foot side yard giving permission to access their
property during construction. Vote of the Board: Ayes: All. This Resolution was duly
adopted (5-0).
10:29 AM - STEPHANOS STEFANIDES ~6413 by Mark Schwartz, Architect. Request
for Variance from Code Sections 280-116([3) and 280-124, based on an application for
building permit and the Building Inspector's June 11, 2010, Notice of Disapproval
concerning proposed alterations/additions and "as built" deck addition to seasonal
dwelling, at; 1) less than the code required bulkhead setback of 75 feet, 2) less than the
code required minimum side yard setback of 10 feet, 3) less than the code required
total combined side yards of 25 feet, 4) less than the code required rear yard setback of
35 feet, 5) more than the code required total lot coverage of 20%, at: 780 Rabbit La.,
(adj. to Gardiner's Bay) East Marion, NY. SCTM #1000-31-18-17. 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).
10:44 A.M. Motion was offered by Member Homing, seconded by Chairperson
Weisman, to take a short recess. Vote of the Board: Ayes: All.
10:50 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 assigned Member reading of the Legal Notice as
published:
10:52 AM - CUTCHOGUE NEW SUFFOLK HISTORICAL COUNCIL #6416 & 6420
by Zac Studenroth and Mike Malkush. Request for Variance from Special Exception
per Code Section 280-13B(15) and Variance from Code Section 280-18 based on an
application for building permit and the Building Inspector's July 19, 2010, Notice of
Disapproval concerning construction of a new building; #6416 - owners request a
Special Exception for Historical Society, #6420 - less than the code required front yard
setback of 50 feet, at: 27230 Main Rd., and Case's La., Cutchogue, NY. SCTM #1000-
109-5-6.1. 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 close the hearing,
reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adooted (5-
11:06 AM - DAHNA M. BASILICE #6409 by Abigail Wickham, Esq. Request for
Variance from Code Sections 280-15, based on an application for building permit and
the Building Inspector's May 4, 2010 Notice of Disapproval concerning proposed
construction of accessory garage, at 1) less than the code required side yard setback of
20 feet, 2) less than the code required front yard setback of 35 feet, 3) more than the
code required maximum lot coverage of 20%; at: 3255 Bayshore Rd., (adj. to Peconic
Bay) Greenport, NY SCTM#1000-53-6-8. BOA RD 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 receipt of chart showing
Page 4 - Minutes
Regular Meeting held September 23, 2010
Southold Town Zoning Board of Appeals
neighboring setbacks and location of waterline from attorney. Vote of the Board: Ayes:
All. This Resolution was duly adopted (5-0).
11:27 AM - ROY WARD #6404 by Charles Thomas, Agent. Request for Variance from
Code Sections 280-124 and 280-116, based on an application for building permit and
the Building Inspector's March 8, 2010, amended June 3, 2010 Notice of Disapproval
concerning additions and alterations to an existing dwelling, at 1) less than the code
required side yard setback of 15 feet, 2) less than the code required combined side
yard setback of 35 feet, 3) less than the code required setback to a bulkhead of 75 feet;
at: 4075 Stillwater Ave., (East Creek (Eugene's Creek) Cutchogue, NY, SCTM#1000-
137-1-8.1. BOARD RESOLUTION: (Please see transcript of written statements
prepared under separate cover.) After receiving testimony, motion was offered by
Chairperson Weisman, seconded by Member Schneider, to close the hearing, reserving
decision. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0).
11:53 A.M. Motion was offered by Member Goehringer, seconded by Chairperson
Weisman, to take a short recess. Vote of the Board: Ayes: All.
12:00 P.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 assigned Member reading of the Legal Notice as
published:
12:01 PM - DOUGLAS SLAMA and NANCY SCHRANK #6418 by Deborah Doty, Esq.,
Deborah Schule, opposition. This is a request for a Waiver under Code Article II,
Section 280-10A, to unmerge land identified as SCTM #1000-98-5-9, based on the
Building Inspector's July 14, 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 lot is merged with lot 10 to the south, at: 355 and 405
Robinson La., Peconic, NY SCTM #1000-98-5-9 and 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 Horning, to close the hearing, reserving decision. Vote of the Board: Ayes: All.
This Resolution was duly adopted (5-0).
12:23 PM - LOUIS and ELIZABETH MASTRO # 6417. Request for Variance from
Code Sections 280-116(B) and 280-124, based on an apphcation for building permit and
the Building Inspector's June 14, 2010, Notice of Disapproval concerning proposed
substantial alterations/additions to dwelling, at; 1) less than the code required
bulkhead setback of 75 feet, 2) less than the code required minimum side yard setback
of 10 feet, 3) less than the code required total combined side yards of 25 feet, 4) less
than the code required rear yard setback of 35 feet, at: 1595 Bayview Ave., (adj. to
Arshamomque Harbor) Southold, NY. SCTM #1000-52-5-9. BOARD RESOLUTION:
(Please see transcript of written statements prepared under separate cover.) Motion
was offered by Member Goehringer, seconded by Chairperson Weisman, to adiourn the
hearing to December 2, 2010 at 1:00 P.M. for new Notice of Disapproval. Vote of the
Board: Aves: All. This Resolution was duly adopted (5-0).
Page 5 - Minutes
Regular Meeting held September 23, 2010
Southold Town Zoning Beard of Appeals
12:26 PM - RONALD A. POLLIO #6410 by Ronald Pollio, owner. Request for Variance
from Code Sections 280-15 and relief from prior grant #6205, based on an application
for building permit and the Building Inspector's May 25, 2010 Notice of Disapproval
concerning "as built" accessory shower, at 1) location other than the code required rear
yard, 2) relief from Condition #1 of ZBA Grant #6205; at: 165 Second St., New Suffolk,
NY SCTM #1000-117-10-20.5. 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).
12:40 P.M. Motion was offered by Chairperson Weisman, seconded by Member
Homing, to take a short recess. Vote of the Board: Ayes: All.
1:10 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 assigned Member reading of the Legal Notice as
published:
1:11 PM - REGINA'S GARDEN LLC #6388 by Edward Harbes (adj. from July 29,
2010). 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: 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 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).
RESOLUTIONS/UPDATED REVIEWS/OTHER:
A. Reminder Confirmation: Chairperson Weisman confirmed the next Special
Meeting for date for October 7, 2010 at 5:00PM.
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 October 21, 2010 at 9:00AM. Vote of the Board: Ayes: All. This Resolution
was duly adopted (5-0).
C. Work Session:
1. Chairperson Weisman briefed the Board on a meeting she and Member
Goehringer attended with various Town officials re: maintenance of Takaposha
Road and 280A;
Page 6 - Minutes
Regular Meeting held September 23, 2010
Southold Town Zoning Board of Appeals
2. Discussed update of videoconferencing equipment that would enable Member
Homing to vote from Fishers Island at Special Meetings.
3. Review, discussion and approval of Proposal to Increase ZBA Fees.
RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman,
seconded by Member Goehringer, to approve minutes from Special Meeting
held September 15, 2010. 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:
1:30 P.M. THEODORE C. MARTZ, JR. #6344 by Anthony Pasca, Attorney for
applicant; Xavier Fleming, Joseph Rizzo, Esq., Thomas Cornwell, John Slattery,
Rebecca Fleming, John Bendick and Mr. Boulanger in opposition. (adj. from 7/29/10
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 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.)
2:23 P.M. Motion was offered by Chairperson Weisman, seconded by Member Dinizio,
to take a short recess for applicant to discuss options with his attorney. Vote of the
Board: Ayes: All.
2:27 P.M. Motion was offered by Chairperson Weisman, seconded by Member Herning,
to reconvene the meeting. Vote of the Board: Ayes: All.
2:30 P.M. THEODORE C. MARTZ, JR. #6344 - RECONVENED by Anthony Pasca,
Attorney for applicant (adj. from 7/29/10 PH). 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 to the October 7th Special Meeting in order to receive
additional written comments, . Vote of the Board: Aves: All. This Resolution was duly
adopted (5-0).
2:35 PM SIM MOY #6383 by David Rosenberg, Esq., Bruce Anderson, SEC for
applicant; Denise Schoen, Esq., for Kaminer & West Lake Association and Henry
Kaminer in opposition. (Adj. from 8/26/10 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
concermng 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
Page 7 - Minutes
Regular Meeting held September 23, 2010
Southold Town Zoning Board of Appeals
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).
2:38 P.M. Motion was offered by Chairperson Weisman, seconded by Member Hormng,
to take a short recess for discussion by applicant with his attorney and HOA. Vote of
the Board: Ayes: All.
2:45 P.M. Motion was offered by Chairperson Weisman, seconded by Member
Goehringer, to reconvene the meeting. Vote of the Board: Ayes: All.
2:45 PM SIM MOY #6383 - RECONVENED 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 to the Special Meeting on October 7, 2010 subiect to receipt of
comments from HOA engineer and response from applicant's attorney by October 7,
2010. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
3:04 PM JOHN E. and SHARON I. WREN #6389 by Meryl Kramer, Architect; Denise
Schoen, Esq., for Kuchners and John Stein, in opposition. (adj. from 7/29/10 PH)
Request for Variance from Code Section 280-124, based on an apphcation 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 until the October 7, 2010 Special Meeting subiect to receipt of
c~mments on architect's submission from Kuchner Attorney. Vote of the Board: Aves:
All. This Resolution was duly adopted (4-0). Member Homing was absent.
3:16 P.M. Member Homing left.
There being no other business properly coming before the Board at this time,
Chairperson declared the meeting adjourned. The meeting was adjourned at 4:22 P.M.
Respectfully submitted,
Vi~:ki Toth iv ¥ /2010
Incl~k~y Reference: ~Filed ZBA Decisions (1)
Leslie Kanes Weisman, Chairperson/0/~/2010
Approved for Fihng
Resolution Adopted
c ECEIYE.D
South ld Town Clerk