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Home My WebLink AboutZBA-01/06/2011 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 MINUTES REGULAR MEETING THURSDAY, JANUARY 6, 2011 RECEIVED · 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 January 6, 2011 commencing at 9:00 A.M. Present were: Leslie Kanes Weisman, Chairperson/Member Gerard P. Goehringer, Vice Chairperson/Member James Dinizio, Member (arrived 9:15 a.m.) Ken Schneider, Member George Homing, Member (left 2:16 p.m.) Vicki Toth, ZBA Secretary Jennifer Andaloro, Assistant Town Attorney 9:02 A.M. Chairperson Weisman called the meeting to order with the Pledge of Allegiance. EXECUTIVE SESS1ON 9:02 A.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to enter into Executive Session for the purpose of discussing Litigation. Vote of the Board: Ayes: All. Member Dinizio was absent. 9:15 A.M. Member Dinizio arrived. 10:31 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: Page 2 - Minutes Regular Meeting held January 6, 2011 Southold Town Zoning Board of Appeals Type II Actions (No further steps- setback/dimensional/lot waiver/accessory apartmentfoed and breakfast requests): 4170 INDIAN NECK HOLDINGS #6443 DAVID S. and ELIZABETH BRANCH #6439 JEFF ANDRADE #6435 LOIS ABRAMCHIK and BARBARA CAVALLO #6436 BARBARA SCURA-COE #6441 JOEL B. and JAMI FRIEDMAN #6440 WEST CREEK AVE. TRUST (Todebush) #6442 TK ALPHA LLC #6437 T-MOBILE NORTHEAST, LLC #6433 Vote of the Board: All. This resolution was duly adopted. PUBLIC HEARINGS: The following pubhc hearings were held, with Chairperson Weisman introducing each apphcation, and assigned Member reading of the Legal Notice as published. 10:37 A.M. 4170 INDIAN NECK LANE HOLDINGS #6443 by David Emilito, Planner as Agent; Mr. Pontino, neighbor. Applicant requests a Special Exception under Article III, Section 280-13B(9). To construct second floor apartment as groom/farm labor quarters in existing barn, location: 4170 Indian Neck Lane, (adj. to Little Creek) Peconic, NY. SCTM #1000-98-1-27.1. 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 adiourn the hearing to February 3, 2011 at 1:30 PM. pending receipt of revised plans and occupancy clarification from Agent. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). 11:01 A.M. DAVID S. and ELIZABETH BRANCH #6439 by D. Doty, Esq., as agent for owner. Request for Variance from Code Section 280-18 and the Building Inspector's October 13, 2010 Notice of Disapproval based on an application for building permit to construct an addition at; 1) less than the code required minimum side yard setback of 15 feet, 2) less than the code required combined side yards of 35 feet, at: 5160 Indian Neck La., (adj. to Hog Neck Bay) Peconic, NY. SCTM #1000-98-4-23. 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). 11:11 A.M. Member Goehringer left the room. 11:11 A.M. JEFF ANDRADE #6435 - Request for Variance from Code Section 280-13 and 280-15 and the Building Inspector's September 29, 2010 Notice of Disapproval based on an application for building permit to construction an accessory structure 1) proposed building is not accessory to existing structure, 2) accessory structure exceeding the maximum 750 sq. ft. allowed per code; at: 43850 Main Rd. (SR 25), Peconic, NY. SCTM#1000-75-6-4. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Horning, to adiourn the hearin~ to February 3~ 2011 at 10:30 a.m. per letter received from agent. Vote of the Board: Aves: All. This Resolution was duly adopted (4-0). Member Goehringer was out of the room. Page 3 - Minutes Regular Meeting held January 6, 2011 Southold Town Zoning Board of Appeals 11:15 A.M. JEFF ANDRADE #6435 - REOPENED; by Jeff Andrade, owner Motion was offered by Chairwoman Weisman, seconded by Member Horning to re-open the hearing. . 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 adiourn the hearing to February 3, 2011 at 10:30 a.m. per letter received from agent. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:16 A. M. Member Goehringer returned to the room. 11:16 A.M. LOIS ABRAMCHIK and BARBARA CAVALLO #6436 by Nancy Dwyer, Agent; Jayane Piqnato, neighbor. Request for Variance from Code Section 280-15 and the Building Inspector's August 16, 2010 Notice of Disapproval based on an application for building permit to construct an accessory in-ground swimming pool at; a location other than the code required rear yard, at: 28547 Main Rd. (SR 25) and Brown's Hill Rd (Private Rd), Orient, NY. SCTM #1000-18-6-24.1. 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 adiourn the hearing to February 3, 2011 at 2:00 p.m. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:44 A.M. BARBARA SCURA-COYNE #6441 by Jim Fitzgerald, Proper-T-Permits. Request for Variance from Article XXIII Code Section 280-124 and the Building Inspector's September 28, 2010 Notice of Disapproval based on a building permit application for "as built" deck addition to existing dwelling at; 1) at less than the code required rear yard setback of 50 feet, at: 1145 Oakwood Dr., (Oakwood Dr.) Southold, NY. SCTM #1000-70-13-10. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Homing, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:51 A.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to take a short recess. Vote of the Board: Ayes: All. 12:05 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 pubhshed: 12:05 P.M. JOEL B. and JAMI FRIEDMAN #6440 by Francis Yakaboski, Esq., and Jeffrey T. Butler, PE. Request for Variance from Code Section 280-15 and 15D and the Building Inspector's September 20, 2010 Notice of Disapproval based on an application for building permit to construct an accessory garage at; 1) at less than the code required front yard setback of 50 feet, 2) dormers at more than the code permitted 40% of the roof width, at: 830 Clearview Rd.,(adj. to Cedar Beach Harbor), Southold, NY. SCTM #1000-89-3-11.5. 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 reserving decision pending receipt of revised plans showing equipment layout and enclosed ½ bath. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). 12:25 P.M. WEST CREEK AVE. TRUST (Todebush) #6442 by Richard Lark, Esq., and Harold Kober, Page 4 - Minutes Regular Meeting held January 6, 2011 Southold Town Zoning Board of Appeals neighbor (in favor). Request for Variance from Article III Code Section 280-15 and the Building Inspector's October 14, 2010 Notice of Disapproval based on a building permit application for "as built" accessory in-ground swimming pool at; 1) location other than the code required rear yard, location: 1295 West Creek Ave., (Holden Ave.) Cutchogue, NY. SCTM #1000-103-13-30. 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). 12:34 P.M. TK ALPHA, LLC. #6437 by Edward Broidy, applicant; Michael Herbert, Neighbor. Request for Variance from Code Section 280-46 (Bulk Schedule) and the Building Inspector's October 13, 2010 Notice of Disapproval based on an application for building permit to construct commercial building at; 1) less than the required lot size of 40,000 sq. ft. for two buildings, 2) less than the code required front yard setback of 15 feet, 3) less than the code required minimum side yard setback of 10 feet, 4) less than the code required total side yards of 25 feet, at: 535 Pike St,, aka Railroad Ave., Mattituck, NY. SCTM #1000-140-2-20. 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 adiourn the hearing to March 3, 2011 at 1:00 p.m. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). 1:27 P.M. Motion was offered by Member Goehringer, seconded by Member Dinizio, to take a short recess. Vote of the Board: Ayes: All. 1:54 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: 1:55 P.M. BENALI, LLC #6422 by David Rosenberg, Esq., Agent; Bruce Anderson, SEC, Agent. (adj. from 12/2/10PH) Request for Variances from Article XXIII Code Section 280-124 based on an application for building permit and the 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 Goehringer, to adiourn the hearing to March 3, 2011 at 1:30 p.m., to have Mark Terry, LWRP, Glen Just and a member of the Trustees attend hearing Vote of the Board: Aves: All. This Resolution was duly adopted (4-0). Member Homing was absent. 2:16 P.M. Member Horning left. 3:17 P.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to take a short recess. Vote of the Board: Ayes: All. Member Horning was absent. 3:29 P.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to reconvene the meeting. Vote of the Board: Ayes: All. Member Horning 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 5 - Minutes Regular Meeting held January 6, 2011 Southold Town Zoning Beard of Appeals published: 3:30 P.M. DONALD B. and JANIS G. ROSE #6430 by Nancy Steelman, Agent; Don Rose, owner. (adj. from 12//2/10PH) 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. 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 reservin~ decision. Vote of the Board: Aves: All. This Resolution was duly adopted (4-0). Member Horning was absent. 3:37 P.M. LOUIS and ELIZABETH MASTRO # 6417 by Ehzabeth and Louis Mastro, owners. (adj. from 12/2/10PH) 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 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, 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 close the hearing reserving decision. Vote of the Board: Aves: All. This Resolution was duly adopted (4-0). Member Horning was absent. RESOLUTIONS/UPDATED REVIEWS/OTHER A. REMINDER CONFIRMAION: Chairperson Weisman confirmed the next Special Meeting date for January 19, 2011 at 5:00 PM. 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 February 3, 2011 at 9:00 AM. Vote of the Board: Aves: All. This Resolution was duly adopted (4-0). Member Horning was absent. C. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to approve minutes from Special Meeting held December 14, 2010. Vote of the Board: Aves: All. This Resolution was duty adopted (4-0). Member Horuing was absent. Page 6 - Minutes Regular Meeting held January 6, 2011 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 4:06 P.M. Re sp e ct full~v~b m/~t~t~ VickiToth [ //~2011 Included by Reference: Filed ZBA Decisions (0) Leslie Kanes Weisman, Chairperson [ / fi/P2011 Approved for Filing Resolution Adopted/