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Home My WebLink AboutZBA-10/07/2010 Special 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 SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 SPECIAL MEETING MINUTES THURSDAY OCTOBER 7, 2010 5:00 P.M. $outho d Town Clerk A Special Meeting of the SOUTHOLD TOWN ZONING BOARD OF APPEALS was held at the Southold Town Hall Annex (Capital One Building), Conference Room, 54375 Main Road, Southold, New York. Present were: Leslie Kanes Weisman, Chairperson/Member Gerard P. Goehringer, Member James Dinizio, Member Ken Schneider, Member Vicki Toth, ZBA Secretary George Homing by telephone, no voting right. 5:07 P.M. Chairperson Leslie Kanes Weisman called the meeting to order and proceeded with agenda items as follows: STATE ENVIRONMENTAL QUALITY REVIEW: A. New Applications: reviews (pending). DELIBERATIONS/DECISIONS/RESOLUTIONS OR OTHER The Board continued with agenda items, and commenced deliberations on the following applications. The original determinations of each of the following applications as decided are filed with the Southold Town Clerk: Approved with Conditions: William A. Penney III (Tidy Car) #6319 - shed Ronald A. Pollio #6410 Sim Moy #6383 - amended application Page 2 - Minutes Southold Town Zoning Board of Appeals October 7, 2010 Special Meeting Denied, Granted Alternate Relief with Conditions: Alexander L. and Tracy M. Sutton #6385 Denied, Granted Alternative Relief.' Dahna M. Basilice #6409 Roy Ward #6404 - setback Approved as Applied: Steve and Olga Tenedios #6407 Cutchogue New Suffolk Historical Council #6416 & 6420 Roy Ward #6404 - porch Douglas Slama and Nancy Schrank #6418 PUBLIC HEARINGS (carryovers) 6:25 PM SIM MOY #6383. 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: Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to close the hearing. Vote of the Board: Ayes: All. This resolution was duly adopted (4-0). Member Horning, by phone, no voting right. 6:40 PM THEODORE C. MARTZ, JR. #6344. Requests for Variances under Code Sections 280-l 8 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: Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to adjourn the hearing to October 21, 2010. Vote of the Board: Ayes: All. This resolution was duly adopted (4-0). Member Homing, by phone, no voting right. 6:43 PM JOHN E. and SHARON I. WREN #6389. 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- Page 3 - Minutes Southold Town Zoning Board of Appeals October 7, 2010 Specia!Meeting 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. BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Goehringer to adjourn to October 21, 2010, for written only. SCTM #1000-66-2-32. Vote of the Board: Ayes: All. This resolution was duly adopted (4-0). Member Homing, by phone, no voting right. 7:05 PM 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: 1150 Sound Ave., Mattituck. SCTM#1000-120-3-5. BOARD RESOLUTION: Motion was offered by Member Goehringer, seconded by Chairperson Weisman, to re-open the hearing on December 2, 2010 subject to affirmative re-vote on re-opening on October 21, 2010 to obtain additional information regarding proposed use variance. Vote of the Board: Ayes: All. This resolution was duly adopted (4-0). Member Homing, by phone, no voting right. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Resolution Adopted: Motion offered by Chairperson Weisman, seconded by Member Goehringer, to authorize advertising of hearings for Regular Meeting to be held October 21, 2010 which Regular Meeting will commence at 9:00 A.M., Town Meeting Hall, 53095 Main Road, Southold. Vote of the Board: Ayes: All. (Member Homing by phone no voting right) This Resolution was duly adopted 4-0. B. Resolution Adopted: Motion was offered by Chairperson Weisman, seconded by Member Goehringer to approve minutes from September 23, 2010 Regular Meeting. Vote of the Board: Ayes: All. (Member Homing by phone no voting right) This Resolution was duly adopted 4-0. C. Possible Resolution to consider Lewis Edson request to re-consider ZBA decision #6353. Consensus was no action pending confirmation that an Article 78 had been filed D. Work Session: a. Discuss staff responsibility of notifying applicants/agents of any correspondences received in the office. Decision was to inform applicants/agents that it is their responsibility to be aware of all correspondence received by reviewing office file prior to scheduled public hearings. This information to be added to all application instruction sheets and explained by staff to applicants/agents. Staff no longer responsible to notify applicant/agent of incoming correspondence. Page 4 Minutes Southold Town Zoning Board of Appeals October 7, 2010 Special Meeting There being no other business properly coming before the Board at this time, Chairperson Weisman declared the meeting adjourned. The meeting adjourned at 7:30 P.M. Re spect fully s,~m irred, Vicki Toth/d//:t/lO Inclu~tS~eference: Fi~ed ZBA Decisions (10) Leslie Kanes Weisman, Chairperson Approved for Filing/t~ / //gZ/2010