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Home My WebLink AboutZBA-02/03/2011 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · RO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/Flint Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtowa.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 MINUTES REGULAR MEETING THURSDAY, FEBRUARY 3, 2011 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 February 3, 2011 commencing at 8:30 A.M. Present were: Leslie Kanes Weisman, 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 Absent: Gerard P. Goehringer, Vice Chairperson/Member 8:30 A.M. Chairperson Weisman called the meeting to order. EXECUTIVE SESSION 8:31 A.M. Motion was offered by Chairperson Weisman, seconded by Member Horning, to enter into Executive Session for attorney client privilege re: litigation matters. Vote of the Board: Ayes: All. Member Goehringer was absent. 9:40 A.M. Motion was offered by Chairperson Weisman, seconded by Member Schneider, to reconvene the meeting and started with the Pledge of Allegiance. Vote of the Board: Ayes: All. Member Goehringer was absent. 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 Dinizio, to declare the following Declarations: Page 2 - Minutes Regular Meeting held February 3, 2011 Southold Town Zoning Board of Appeals Type II Actions (No further steps- setback/dimensionalAot waiver/accessory apartment/bed and breakfast requests): MARY ANN PRICE #6447 WILLIAM C. GOGGINS and DONNA M. GOGG1NS #6444 IRENE RUTKOSKI ESTATE #6445 JEFF ANDRADE #6435 NANCY D. ARNZEN IRREVOCABLE TRUST #6446 Vote of the Board: All. Member Goehringer was absent. 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. 9:47AM - MARY ANN PRICE #6447 - by Mary Ann Price, Owner; Bob Hart, owners partner; Rain Zak, Richard Zak, Michael Avella, Terry McShane, Gloria Suttmeier in favor; Mrs. Ashton, Margaret Straub, in opposition. Request for Special Exception under Chapter 280- 45B(8). Owner requests authorization to operate a flea market at: 730 Love Lane Mattituck, NY. SCTM #1000-140-2-18. 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 adjourn the hearin~ to March 3, 2011 at 2:30 p.m. for revised site plan to scale. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 10:48AM - WILLIAM C. GOGGINS and DONNA M. GOGGINS #6444 - by William Goggins, 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; 8755 New Suffolk Road (Fifth Street)(adj. to Great Peconic Bay) New Suffolk, NY SCTM #1000-117.10-14.1. 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 hearin~ reservin~ decision subiect to receipt of statement from Engineer re: certifying square footage of hvable area in apartment. Vote of the Board: Aves: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 10:56AM - IRENE RUTKOSKI ESTATE #6445 - by P. Moore, Esq., agent. This is a request for a Waiver under Code Article II, Section 280-10A, to unmerge land identified as SCTM #1000-115-2-13, based on the Building Inspector's November 16, 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 12 to the west, at: 18525 and 18375 Route 25 Mattituck, NY. SCTM #1000-115-2-13 and 12. 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 adjourn the hearing to April 7, 2011 at 1:00 p.m., pending receipt of correct zoning district and receipt of CO or Pre-CO for accessory building from agent. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. Page 3 -Minutes Regular Meeting held February 3, 2011 Southold Town Zoning Board of Appeals 11:16 A.M. Motion was offered by Chairperson Weisman, seconded by Member Schneider, to take a short recess. Vote of the Board: Ayes: All. Member Goehringer was absent. 11:26 A.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 published: 11:27AM - JEFF ANDRADE #6435 -by Rob Lehnert, agent and Jeff Andrade, owner (adj. from 1/6/11PH). 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 hearing to April 7, 2011 at 1:30 p.m., for possible amended application. Vote of the Board: Aves: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 11:42 AM - NANCY D. ARNZEN IRREVOCABLE TRUST #6446 - by P. Moore, Esq. for applicant; David Chiaro, President Saltaire Estates, Janice Olsen, Bill Sanok and Ken Euring, in opposition. 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 at: 145 Wavecrest Lane, Mattituck, NY. SCTM #1000- 100-1-12. BOARD RESOLUTION: (Please see transcript of written statements pi:epared 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. 12:42 P.M. Motion was offered by Chairperson Weisman, seconded by Member Schneider, to take a short recess. Vote of the Board: Ayes: All. Member Goehringer was absent. 12:51 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 published 12:51 PM - JOHN and DANIELLA VENETIS #6313 (Re-opened by Resolution to clarify the record) - by P. Moore, Esq., agent, Jennifer Andalora, Assistant Town Attorney for Town of Southold, John Venetis, owner. Requests for variances under Sect. 280-116(B) and 124, Page 4 - Minutes Regular Meeting held February 3, 2011 Southold Town Zoning Board of Appeals based on the Building Inspector's August 17, 2009 Notice of Disapproval concerning an application for demolition and a building permit for a new single family dwelling at; 1) less than the code required minimum setback of 75 feet from a bulkhead, 2) less than the code required front and rear yard setback of 35 feet, 3) less than the code required combined side yards of 25 feet, 4) more than the code required 20% lot coverage (buildable area), 5) 280-a access, at: 2600 Takaposha Road, (adj. to Corey Harbor) Southold; CTM 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 Schneider, to close the hearing, subiect to receipt of correspondences. Vote of the Board: Aves: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 12:51 PM - JOHN and DANIELLA VENETIS #6396 (Re-Opened by Resolution to clarify the record) - by P. Moore, Esq., agent, Jennifer Andalora, Assistant Town Attorney for Town of Southold, John Venetis, owner. Requests for Variances under Sections 280-116-B and 280- 124, based on the Building Inspector's 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). Location of Property: 2600 Takaposha Road, (adj. to Corey Harbor) Southold; CTM 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 Schneider, to place into the record letter dated 10/4/10 from Town Attorney's office re: Takaposha R-O-W and to close the hearing reserving decision. Vote of the Board: Aves: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 1:08 PM - REGINA'S GARDEN LLC #6388 (Re-opened from 10/21/10PH)- by Charles Cuddy, Esq. Agent, Edward Harbes, owner. 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 Chairperson Weisman, seconded by Member Dinizio, to close the hearing reserving decision subiect to receipt and approval of proposed C&R's. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 1:47 PM - 4170 INDIAN NECK LANE HOLDINGS #6443 (adj. from 1/6/11PH) - by David Emilita, agent. 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 Homing, to close the hearing reserving decision. Vote of the Board: Aves: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 2:01 PM - LOIS ABRAMCHIK and BARBARA CAVALLO #6436 (adj. from 1/6/11PH) - by Nancy Dwyer, Agent, Lois Abramchik, owner, J. Ann Pignato, neighbor in opposition. Request for Variance from Code Section 280-15 and the Building Inspector's August 16, 2010 Page 5 - Minutes Regular Meeting held February 3, 2011 Southold Town Zoning Board of Appeals 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 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. 2:18 PM - Member Horning left. RESOLUTIONS/UPDATED REVIEWS/OTHER: REMINDER CONFIRMTAION: Chairperson Weisman confirmed the next Special Meeting date for February 16, 2011 at 5:00 PM. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Horning to set the next Regular Meeting with Pubhc Hearings to be held March 3, 2011 at 8:30 AM. 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 Schneider, to approve minutes from Special Meeting held January 19, 2011. Vote of the Board: Aves: All. This Resolution was duty adopted (4-0). Member Goehringer 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 2:30 P.M. Rez~l~ ect f~t~ subm.~tted, Vicki Toth ~ /[~/2011 Included by Reference: Filed ZBA Decisions (0) esl~eovKeanes Weisman,Filing Chairperson ~//f~f~011 App ed for Resolution Adoptecl ! /