HomeMy WebLinkAboutZBA-10/21/2010 BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
James Dinizio
Gerard E 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
MINUTES
REGULAR MEETING
THURSDAY, OCTOBER 21, 2010
outhold 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 October 21, 2010 commencing at 9:00 A.M.
Present were:
Leslie Kanes Weisman, 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
Absent: Gerard P. Goehringer, Vice Chairperson/Member
9:06 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:
APPROVED WITH CONDITIONS
William A. Penny III (Tidy Car) #6319 (Special Exception)
APPROVED
Stephanos Stefanides #6413 - roof alteration
DENY, GRANT ALTERNATIVE RELIEF
Stephanos Stefanides #6413 - as built deck
Page 2 - Minutes
Regular Meeting held October 21, 2010
Southold Town Zoning Board of Appeals
Regina's Garden LLC #6388 - BOARD RESOLUTION: Motion was offered by
Chairperson Weisman, seconded by Member Horning to re-vote to reopen the hearing
and calendar for Public Hearing December 2, 2010 at 1:30 p.m. Vote of the Board:
Aves: All. This Resolution was duly adopted (4-0). Member Goehringer was absent.
Theodore C. Martz, Jr. #6344 - BOARD RESOLUTION: Motion was offered by
Member Schneider, seconded by Member Homing to close hearing reserving decision.
Vote of the Board: Aves: All. This Resolution was duly adopted (4-0). Member
Goehringer was absent.
John E. and Sharon I. Wren #6389 - BOARD RESOLUTION: Motion was offered by
Member Dinizio, seconded by Chairperson Weisman to close hearing reserving
decision. Vote of the Board: Aves: All. This Resolution was duly adopted (4-0). Member
Goehringer was absent.
RESOLUTIONS/UPDATED REVIEWS/OTHER
RESOLUTION ADOPTED: Motion was offered by Member Horning, seconded by
Member Dinizo to consider request by agent, Garrett Strang, for applicant, Bonnie
Quinn #6408, to amend Findings, Deliberations and Determinations dated
September 15, 2010 to remove the condition for a five-foot wide landscape buffer.
Vote of the Board: Aves: All. This Resolution was duly adopted (4-0). Member
Goehringer was absent.
RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman,
seconded by Member Homing to consider request from agent, Catherine Mesiano,
for applicant, Jennie Pappas #6390, to amend Findings, Deliberations and
Determinations dated August 18, 2010, to remove the condition for installation of
drywells. Vote of the Board: Aves: All. This Resolution was duly adopted (4-0).
Member Goehringer was absent.
RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman,
seconded by Member Homing to consider request from applicant Greene
#6387, in a letter date stamped October 15, 2010, to be placed on the December
2, 2010 Public Hearing agenda. Deny request and re-calendar for January
2011. Vote of the Board: Ayes: 3 Nays: 1. This Resolution was duly adopted (3-
1). Member Goehringer was absent.
STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS (SEQRA):
BOARD RESOLUTION: Motion was made by Chairperson Weisman, seconded
by Member Horning, to declare the following Declarations:
Type II Actions (No further steps- setback/dimensional/lot waiver/accessory
apartment/bed and breakfast requests):
WILLIAM ADAMS #6424
EDWARD LATHAM #6421
MARK and SHARON MELNICK #6426
ELIZABETH LYONS #6423
Page 3 - Minutes
Regular Meeting held October 21, 2010
Southold Town Zoning Board of Appeals
THOMAS V. PERILLO, JR. #6425
NANCY CONLON//6419
CARRIE TINTLE #6428
Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Goehringer
was absent.
PUBLIC HEARINGS: The following public hearings were held, with Chairperson Weisman
introducing each application, and assigned Member reading of the Legal Notice as published.
9:33 AM - NANCY CONLON #6419 by P. Moore, Esq., Nancy Conlon, owner, Anita
Busby, neighbor (in favor), Ed Booth, neighbor (against). Applicant requests a Special
Exception under Article III, Section 280-13B(13),. The Applicant is the owner
requesting authorization to establish an Accessory Apartment in an accessory
structure, Located at: 310 Huntington Blvd., Peconic, NY. SCTM #1000-67-4-8.
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 subiect to receipt of
additional information within two weeks. Vote of the Board: Aves: All. This Resolution
was duly adopted (4-0). Member Goehringer was absent.
10:32 A.M. Motion was offered by Member Schneider, seconded by Chairperson
Weisman, to take a short recess. Vote of the Board: Ayes: All. Member Goehringer
was absent.
10:38 A.M. Motion was offered by Chairperson Weisman, seconded by Member Dinizio,
to reconvene the meeting. Vote of the Board: Ayes: All. Member Goehringer 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:
10:39 AM - EDWARD LATHAM #6421 by Anthony Trezza, Agent, D. Doty, Esq., Bill
Ryall, in favor. Request for Variances from Article III Code Section 280-14 (Bulk
Schedule) based on an application for building permit and the Building Inspector's
July 29, 2010, Notice of Disapproval concerning proposed two lot subdivision, Parcel 1
- 1) lot size less than the code required 400,000 sq. ft. for two uses, 2) side yard setback
of less than the code required 30 feet, 3) lot coverage of more than the code required
5%. Parcel 2 - 1) lot size less than the code required 200,000 sq. ft, 2) lot width less
than the code required 270 feet at; 31900 Main Rd., Orient, NY. SCTM #1000-19-1-7.5.
Zone R200. 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 subiect to
receipt of language for access to both lots from D. Dot¥, Esq. Vote of the Board: Aves:
All. This Resolution was duly adopted (4-0). Member Goehringer was absent.
11:13 AM - BENALI, LLC #6422 by Bruce Anderson, Agent, David Rosenberg,
Attorney for applicant and Steve Kram, owner. Request for Variances from Article
XXIII Code Section 280-124 based on an application for building permit and the
Page 4 - Minutes
Regular Meeting held October 21, 2010
Southold Town Zoning Board of Appeals
Building Inspector's August 27, 2010, Notice of Disapproval concerning proposed
construction of a single family dwelling at less than the code required front yard
setback of 35 feet, at: 1275 Cedar Point Dr., West (adj. to West Lake) Southold, NY.
SCTM #1000-90-1-2. 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 adjourn the hearing
to January 6, 2011 at 1:00 pm (tentatively). Vote of the Board: Ayes: All. This
Resolution was duly adopted (4-0). Member Goehringer was absent.
12:26 P.M. Motion was offered by Chairperson Weisman, seconded by Member
Horning to take a short recess. Vote of the Board: Ayes: All. Member Goehringer
was absent.
12:39 P.M. Motion was offered by Chairperson Weisman, seconded by Member
Schneider, to reconvene the meeting. Vote of the Board: Ayes: AlL Member
Goehringer 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:
12:39 PM - WILLIAM ADAMS #6424 by Bill Ryall, Architect/Agent. Request for
Variance from Article II1, Code Section 280-13C, based on an apphcation for building
permit and the Building Inspector's September 13, 2010 Notice of Disapproval,
concerning construction of an accessory structure; proposed construction of an art
studio is not a permitted use, at: 1060 North View Dr., (adj. to Long Island Sound)
Orient, NY. SCTM #1000-13-1-2. 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 (4-0). Member Goehringer was absent.
12:56 PM - ELIZABETH LYONS #6423 by Jim Fitzgerald, Agent; William Lyons,
owner and Joseph Brusco, neighbor (opposition). Request for Variance from Article III,
Code Section 280-15, based on an application for building permit and the Building
Inspector's August 26, 2010 Notice of Disapproval, concerning construction of an
accessory garage; proposed location other than the code required rear yard, at: 8680
New Suffolk Rd. (aka Fifth St.) (adj. to Great Peconic Bay) New Suffolk, NY. SCTM
#1000-117-10-12.2. 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
subiect to receipt of letter from applicant withdrawing application. Vote of the Board:
Ayes: All. This Resolution was duly adopted (4-0). Member Goehringer was absent.
1:29 PM - CARRIE TINTLE #6428 by Tony Golfo, Contractor. Request for Variance
from Article XXII, Code Section 280-116, based on an application for building permit
and the Building Inspector's September 23, 2010 Notice of Disapproval, concerning
second story addition to a single family dwelling at less than the code required setback
to a bulkhead of 75 feet, at: 1235 Lupton Point Rd., (adj. to Deep Hole Creek)
Mattituck, NY. SCTM#1000-115-11-8. BOARD RESOLUTION: (Please see transcript
of written statements prepared under separate cover.) After receiving testimony,
Page 5 - Minutes
Regular Meeting held October 21, 2010
Southold Town Zoning Board of Appeals
motion was offered by Chairperson Weisman, seconded by Member Schneider, to close
the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly
adopted (4-0). Member Goehringer was absent.
1:35 PM - MARK and SHARON MELNICK #6426 by Michael Sirico Contractor.
Request for Variance from Article III, Code Section 280-15, based on an application for
building permit and the Building Inspector's September 23, 2010 Notice of
Disapproval, concerning proposed accessory garage at 1) less than the code required
front yard setback of 35 feet both front yards, 2) less than the code required side yard
setback of 20 feet at: 405 Private Rd. #3 and ROW, (adj. to Jockey Creek), Southold,
NY. SCTM #1000-70-6-15. BOARD RESOLUTION: (Please see transcript of written
statements prepared under separate cover.) After receiving testimony, motion was
offered by Chairperson Weisman, seconded by Member Horuing, to adjourn the
hearing to December 2, 2010 at 2:00 pm, subiect to re-notification based on amended
Notice of Disapproval. Vote of the Board: Aves: All. This Resolution was duly adonted
(4-0). Member Goehringer was absent.
1:40 PM - THOMAS V. PERILLO, JR. #6425 by P. Moore, Esq. Request for Variance
from Article III, Code Section 280-15, based on an application for building permit and
the Building Inspector's September 23, 2010 Notice of Disapproval, concerning
proposed accessory garage at less than the code required side yard setback of 10 feet,
at: 1410 Great Pecouic Bay Blvd., Laurel, NY. SCTM #1000-145-2-17.2. 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 adiourn the hearing to December 2, 2010 at 2:30
pm, subiect to re-notification based on amended Notice of Disapproval. Vote of the
Board: Aves: All. This Resolution was duly adopted (4-0). Member Goehringer was
absent.
1:45 PM - HARRIET McNAMARA (McNamara Family Trust) #6393 by Terrence
McNamara (adj. from 7/29/10) 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 dwellings, 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 Chairperson Weisman, seconded by Member Dinizio,
to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution
was duly adopted (4-0). Member Goehringer was absent.
1:54 P.M. Motion was offered by Chairperson Weisman, seconded by Member Dinizio
to take a short recess. Vote of the Board: Ayes: All. Member Goehringer was absent.
2:19 P.M. Motion was offered by Chairperson Weisman, seconded by Member Horning,
to reconvene the meeting. Vote of the Board: Ayes: All. Member Goehringer 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
Page 6 - Minutes
Regular Meeting held October 21, 2010
Southold Town Zoning Board of Appeals
published:
2:20 PM - ANTHONY S. CAMPO #6411 by Mark Schwartz, Architect and Anthony
Campo, owner.( adj. from 9/23/10) 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 Schneider, to close the hearing, reserving decision subiect to receipt of
amended site plan with setbacks dated 10/21/10. Vote of the Board: Aves: Ali. This
Resolution was duly adopted (4-0). Member Goehringer was absent.
2:33 PM - RICHARD J. and JOANN SAVARESE #6415 by Mark Schwartz, Architect.
(adj. from 9/23/10) Request for Variance from Code Section 280-124, based on an
appIication 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
Horning, to close the hearing~ reserving decision subiect to receipt of letter from
neighbor re: permission to encroach on his property during construction on his
property. Vote of the Board: Aves: All. This Resolution was duly adopted (4-0).
Member Goehringer was absent.
2:40 PM - JOHN and DANIELLA VENETIS #6396 by P. Moore, Esq., and John
Venetis, owner. (adj. from 8/26/10) Requests for Variances under Sections 280-116-B
and 280-124, based on the Building InspectoFs 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;
SCTM 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 Dinizio, to close the hearing~ reserving decision. Vote
of the Board: Aves: All. This Resolution was duly adopted (3-0). Members Goehringer
and Horning were absent.
3:16 P.M. Member Horning left.
3:29 PM - RICHARD J. and JOANN SAVERESE #6415 - Motion was offered by
Page 7 - Minutes
Regular Meeting held October 21, 2010
Southold Town Zoning Board of Appeals
Chairperson Weisman, seconded by Member Schneider, to reopen hearing for
testimony from neighbor. Vote of the Board: Aves: All. This Resolution was duly
adopted (3-0). Members Goehringer and Homing were absent. Paul DeChance,
neighbor, submitted aerial map. 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 re-close the
hearing, reserving decision subiect to receipt of letter from neighbor re: permission to
encroach on his property during construction on his property. Vote of the Board: Aves:
All. This Resolution was duly adopted (4-0). Member Goehringer was absent.
RESOLUTIONS/UPDATED REVIEWS/OTHER:
D. Reminder Confirmation: Chairperson Weisman confirmed the next Special Meeting
date for November 16, 2010 at 5:00 PM.
RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded
by Member Schneider, to set the next Regular Meeting with Public Hearings to be
held for next Regular Meeting with Public Hearings to be held December 2, 2010 at
9:00AM. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0).
Members Goehringer and Horning were absent.
F. Work Session: None.
RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded
by Member Schneider, to approve minutes from Special Meeting held October 7,
2010. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0).
Members Goehringer and Homing were absent.
EXECUTIVE SESSION - None.
There being no other business properly coming before the Board at this time,
Chairperson declared the meeting adjourned. The meeting was adjourned at 3:53 P.M.
R~ect~y s ,u~4mitted,
~'~i~ki~T~o t~/: / 5 ~ ~010
Incl~'~ Reference: Filed ZBA Decisions (2)
Leslie Kanes Weisn~an, Chairperson]]/f~/2010
Approved for Filing Resolution Adopted
Soutfiold Town Clerk