HomeMy WebLinkAboutZBA-12/02/2010 BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
James Dinizio
Gerard P. Goehringer
George Homing
Ken Schneider
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTItOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
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
MINUTES
REGULAR MEETING
THURSDAY, DECEMBER 2, 2010
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 December 2, 2010 commencing at 9:00 A.M.
Present were:
Leslie Kanes Weisman, Chairperson/Member
Gerard P. Goehringer, Vice Chairperson/Member
James Dinizio, Member
Ken Schneider, Member
George Homing, Member (left 2:18 p.m.)
Vicki Toth, ZBA Secretary
Jennifer Andaloro, Assistant Town Attorney (left 11:47 a.m.)
9:00 A.M. Chairperson Weisman called the meeting to order with the Pledge of Allegiance.
EXECUTIVE SESSION (in conference room due to Court Arraignment.)
9:01 A.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to
enter into Executive Session for the purpose of discussing 280A issue. Vote of the Board: Ayes:
All
9:30 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:
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):
Page 2 - Minutes
Regular Meeting held December 2, 2010
Southold Town Zoning Board of Appeals
CHESTER and WENDY FRISZOLOWSKI #6434
HENRY L. FERGUSON MUSEUM, INC. #6431
ANNE MARINO AND BERNARD TELSEY #6432
DONALD B. and JANIS G. ROSE #6430
ANDREW GREENE #6429
LOUIS and ELIZABETH MASTRO # 6417
REGINA'S GARDEN LLC #6388
MICHAEL J. and KATHLEEN M. HANNAFIN #6427
Vote of the Board: All. This resolution was duly adopted.
PUBLIC HEARINGS: The following public hearings were held, with Chairperson Weisman
introducing each application, and assigned Member reading of the Legal Notice as published.
9:36 AM - MICHAEL J. and KATHLEEN M. HANNAFIN #6427 by Nancy Dwyer,
Agent; Harold Griffiths and Robert Van Cleft, neighbors. Request for Variance from
Code Sections 280-124, based on an application for building permit and the Building
Inspector's September 20, 2010 Notice of Disapproval, concerning proposed additions
and alterations to existing 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.
Location; 280 Munn Lane Orient, NY SCTM#1000-17-4-2. BOARD RESOLUTION:
(Please see transcript of written statements prepared under separate cover.) After
receiving testimony, motion was offered by Chairperson Weisman, seconded by
Member Goehringer, to close the hearing subject to receipt of corrected survey showing
current adjacent neighbors. Vote of the Board: Aves: All. This Resolution was duly
adopted (5-0).
9:53 AM - HENRY L. FERGUSON MUSEUM, INC. #6431 by Stephen Ham, Esq.,
Agent. Requests for variance from Code Section 280-14, based on an application for
building permit and the Building Inspector's September 20, 2010 Notice of Disapproval
concerning a lot line change: two non-conforming lots at less than the code required
120,000 sq. ft. in a R120 zone. Location: Clay Point Rd. (adj. to West Harbor), Fishers
Island, NY. SCTM#'s:1000-7-1-6.1, 7 & p/o 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: AlL This
Resolution was duly adopted (5-0).
10:00 A.M. Motion was offered by Chairperson Weisman, seconded by Member
Goehringer, to take a short recess. Vote of the Board: Ayes: All.
10:07 A.M. Motion was offered by Chairperson Weisman, seconded by Member
Horning, to reconvene the meeting. Vote of the Board: Ayes: All. Member
Goelu-inger was out of the room.
RESOLUTIONS/UPDATED REVIEWS/OTHER
A. REMINDER CONFIRMAION: Chairperson Weisman confirmed the next Special
Page 3 - Minutes
Regular Meeting held December 2, 2010
Southold Town Zoning Board of Appeals
Meeting date for December 14, 2010 at 5:00 P.M.
B. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman,
seconded by Member Schneider to set the next Regular Meeting with Public Hearings
to be held January 6,2011 at 9:00 AM. Vote of the Board: Aves: All. This Resolution
was duly adopted (4-0). Member Goehringer was absent.
C. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded
by Member Schneider, to approve minutes from Special Meeting held November 16,
2010. Vote of the Board: Ayes: All. This Resolution was duW adopted (4-0). Member
Goehringer was absent.
10:09 A.M. Member Goehringer returned.
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:
10:10 AM - CHESTER and WENDY FRISZOLOWSKI #6434 by Patricia Moore, Esq.,
Agent, and Wendy Friszolowski, owner. Applicant requests a Special Exception under
Article III, Section 280-13B(13). The Applicant is the owner requesting authorization
to estabhsh an Accessory Apartment in an accessory structure at; 1905 Stfllwater Ave.,
Cutchogue, NY. SCTM#1000-103-8-1. BOARD RESOLUTION: (Please see transcript
of written statements prepared under separate cover.) After receiving testimony,
motion was offered by Chairperson Weisman, seconded by Member Horning, to close
the hearing pending receipt of livable floor area minus bathroom; proof of occupancy;
and notarized document regarding owner's mother. Vote of the Board: Ayes: All. This
Resolution was duly adopted (5-0).
10:40 AM - ANDREW GREENE #6429 - 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: 30653
Route 48, (adj. to Long Island Sound) Peconic, NY. SCTM#1000-73-4-5. BOARD
RESOLUTION: (Please see transcript of written statements prepared under separate
cover.) After receiving testimony, motion was offered by Member Goehringer,
seconded by Member Horning, to accept letter of withdrawal request from avolicant
with ZBA date stamp of November 23, 2010. Vote of the Board: Aves: All. This
Resolution was duly adopted (5-0).
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
Theodore C. Martz, Jr. #6344
Page 4 - Minutes
Regular Meeting held December 2, 2010
Southold Town Zoning Board of Appeals
DENIED
Nancy Conlon #6419
Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
11:07 A.M. Motion was offered by Chairperson Weisman, seconded by Member
Goehringer, to take a short recess. Vote of the Board: Ayes: All.
11:16 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 pubhc hearings were held, with Chairperson
Weisman introducing each application, and assigned Member reading of the Legal Notice as
published:
11:16 AM - DONALD B. and JANIS G. ROSE #6430 by Nancy Steelman, Agent and
Donald Rose, owner. Requests for variances from Code Section 280-124, based on an
application for building permit and the Building Inspector's September 10, 2010 Notice
of Disapproval concerning reconstruction of a single family dwelling: (1) less than the
code required combined side yard setback of 25 feet (2) less than the code required rear
yard setback of 35 feet. Location; 145 King Street Orient, NY. SCTM#1000-26-1-23.
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 January 6, 2011 at 1:30
p.m. pending receipt of a written summary regarding process of lifting house and
structural integrity of house; cost to move house closer to front yard property line from
Agent; as well as, comments from Landmark's re: moving house footprint. Vote of the
Board: Aves: All. This Resolution was duly adopted (5-0).
11:46 AM - ANNE MARINO AND BERNARD TELSEY #6432 by Jodi Giglio, Agent
Request for Variance from Article III, Code Section 280-15, based on an application for
building permit and the Building Inspector's September 20, 2010 Notice of
Disapproval, concerning proposed accessory in-ground swimming pool at: 1) location
other than the code required rear yard. Location: 465 Old Harbor Rd. (ROW), New
Suffolk, NY. SCTM#1000-117-3-11.5. 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 pending receipt of location of mechanical equipment from agent.
Vote of the Board: Aves: All. This Resolution was duly adopted (5-0).
11:47 A.M. - Assistant Town Attorney Andalora left.
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:
Page 5 - Minutes
Regular Meeting held December 2, 2010
Southold Town Zoning Board of Appeals
APPROVED WITH CONDITIONS
John E. and Sharon I. Wren #6389
Vote of the Board: Ayes: Chairperson Weisman, Member Goehringer, Member Horning,
Member Schneider. Nay: Member Dinizio. This Resolution was duly adopted (4-1).
12:48 P.M. Motion was offered by Chairperson Weisman, seconded by Member
Goehringer, to take a short recess. Vote of the Board: Ayes: All.
1:15 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 apphcation, and assigned Member reading of the Legal Notice as
published:
1:16 PM - LOUIS and ELIZABETH MASTRO # 6417 by Louis and Elizabeth Mastro.
(adj. from 9/23/10PH) Request for Variance from Code Sections 280-116(B) and 280-
124, based on an application for building permit and the Building Inspector's June 14,
2010, amended September 8, 2010, Notice of Disapproval concerning proposed
demolition and reconstruction of a new single family dwelhng 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, located 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.) After receiving testimony, motion was offered by Chairperson
Weisman, seconded by Member Goehringer, to adiourn the hearing to January 6, 2011
at 2:00 p.m. pending receipt of amended plans showing new setbacks. Vote of the
Board: Aves: All. This Resolution was duly adopted (5-0).
1:57 PM - REGINA'S GARDEN LLC #6388 - (Re-opened from 10/21/10PH) 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. Location: 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 Member Goehringer,
seconded by Chairperson Weisman, to adiourn the hearing to February 3, 2011 per
letter from Agent. Vote of the Board: Aves: All. This Resolution was duly adopted (5-
1:59 PM Member Horning left the room.
2:03 PM Member Homing returned to the room.
1:59 PM - MARK and SHARON MELNICK #6426 by Michael Sirico Agent/Contractor;
Mark Melnick, homeowner; Paul Siepmann, Attorney for Elizabeth Prout, Elizabeth
Page 6 - Minutes
Regular Meeting held December 2, 2010
Southold Town Zoning Board of Appeals
Prout neighbor against. 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 amended October 13, 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, 3) square footage of more
than the code required 660 sq. ft., 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
Goehringer, to close the hearing subiect to receipt of amended plans and survey. Vote
of the Board: Aves: All. This Resolution was duly adopted (4-0). Member Horning was
absent.
2:18 PM Member Horning left.
2:43 PM - THOMAS V. PERILLO, JR. #6425 by Patricia Moore, Esq. for owner. (adj.
from 10/21/10 PH). 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,
amended October 20, 2010 Notice of Disapproval, concerning proposed accessory
garage at 1) less than the code required side yard setback of 10 feet, 2) location other
than the code required rear yard at: 1410 Great Peconic 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 Goehringer, to close the
hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly
adopted (4-0). Member Horning was absent.
There being no other business properly coming before the Board at this time,
Chairperson declared the meeting adjourned. The meeting was adjourned at 2:51 P.M.
Respectfully submitted,
Vicki Toth / /2010
Included by Reference: Filed ZBA Decisions (3)
Leshe Kanes We~sman, Cha~rperson/,~/! ../2010
Approved for Filing Resolution Adopted'/
S°uthold Town Clerk