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Home My WebLink AboutZBA-03/03/2011 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. 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:Hsoutholdtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 MINUTES REGULAR MEETING THURSDAY, MARCH 3, 2011 RECEIVED Southold 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 March 3, 2011 commencing at 8:30 A.M. Present were: Leshe Kanes Weisman, Chairperson/Member Gerard P. Goehringer, Vice Chairperson/Member James Dinizio, Member Ken Schneider, Member George Homing, Member (left 2:20 p.m.) Vicki Toth, ZBA Secretary Jennifer Andaloro, Assistant Town Attorney 8:30 A.M. Chairperson Weisman called the meeting to order with the Pledge of Allegiance. EXECUTIVE SESSION 8:31 A.M. Motion was offered by Chairperson Weisman seconded by Member Goehringer, to enter into Executive Session for; attorney client privilege and litigation matters. 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. The Board proceeded with the first item on the Agenda as follows: STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS (SEORA): 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 March 3, 2011 Southold Town Zoning Board of Appeals JOYCE BARRY #6453 JEROME and SANDRA MARTOCCHIA. JR. #6449 DAVID J. VERITY #6452 GEORGE and RUBY GAFFGA #6438 STERLING HARBOR. INC. #6448 PIERCE RAFFERTY #6451 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 reading of the Legal Notice as published. 10:11 AM - PIERCE RAFFERTY #6451 by Thomas Ahlgren. Request for Variance from Article XXIII Code Section 280-124 and the Building Inspector's January 7, 2011 Notice of Disapproval based on an application for building permit to construct an addition to a single family dwelling at 1) rear yard setback of less than the code required 35 feet, 2) lot coverage of more than the code required 20%, at; Avenue B Fishers Island, NY. SCTM #1000-6-2-17.5. 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. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). 10:22 AM - JOYCE BARRY #6453 by Joyce Barry, owner. Applicant requests a Special Exception under Section 280-13B(14). The Applicant is the owner requesting authorization to establish an Accessory Bed and Breakfast, accessory and incidental to the residential occupancy in this single-family dwelling, with three (3) bedrooms for lodging and serving of breakfast to the B&B casual, transient roomers. Location of Property: 1855 Depot Lane Cutchogue, NY. SCTM #1000-102-1-9.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Horuing, to close the hearing reserving decision. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). 10:31AM - STERLING HARBOR, INC. #6448 by Paul Pawlowski. Request for Variance from Code Article III Section 280-15 and the Building Inspector's December 9, 2010 Notice of Disapproval based on an application for building permit to construction an accessory garage 1) proposed garage location is other than the code required rear yard; at: 2404 Camp Mineola Rd. Ext., Mattituck, NY. SCTM #1000-122- 9-7.20. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to close the hearin~ reservin~ decision. Vote of the Board: Aves: All. This Resolution was duly adooted (5-0]. Page 3 - Minutes Regular Meeting held March 3, 2011 Southold Town Zoning Board of Appeals CARRYOVER DELIBERATIONS and DECISION: APPROVED AMENDED APPLICATION W/CONDITIONS Joel B. and Jami Friedman #6440 10:52AM - JEROME and SANDRA MARTOCCHIA. JR. #6449 by Jerome Martocchia, owner. 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; 67795 CR 48 Greenport, NY. SCTM #1000-33- 3-17. 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 subiect to receipt of square footage of storage area: Affidavit indicating occuoant of accessory building and lease. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:12 A.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to take a short recess. Vote of the Board: Ayes: All. 11:24 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 public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 11:25AM - GEORGE and RUBY GAFFGA #6438 by Bob Tast, agent and George Gaffga. Request for Variance from Code Sections 280-13 (A)(1) and 280-18 and the Building Inspector's October 26, 2010 Notice of Disapproval based on an application for building permit to demolition and construct a new second single family dwelling at; 1) more than the code required one family detached dwelling, 2) less than the code required rear yard setback of 50 feet, at: 175 Laurel Ave., Southold, NY. SCTM #1000- 56-2-8.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to adiourn the hearing to May 5, 2011 at 1:00 pm. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). ll:55AM - DAVID J. VERITY #6452 by P. Moore, Esq. Request for Variance under Article II Section 280-9 and the Building Inspector's November 17, 2010 updated January 19, 2011 Notice of Disapproval based on an application for Lot Recognition, which states the identical lot was created by deed recorded in the Suffolk County Clerk's Office on or before June 30, 1983 and the lot conformed to the minimum lot size set forth in Bulk Schedule AA as of date of lot creation. Proposed lot is less than the code required size and said deed was recorded after the code required date at; 865 Nokomis Rd. (Hiawatha's Path), Southold, NY SCTM #1000-78-3-26. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to adiourn the hearing to May 5, 2011 at 1:30 om. Page 4 - Minutes Regular Meeting held March 3, 2011 Southold Town Zoning Board of Appeals pending receipt of Amended Notice of Disapproval. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). 12:34 P.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to take a short recess. Vote of the Board: Ayes: All. 1:01 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 reading of the Legal Notice as published: 1:01 PM - TK ALPHA, LLC. #6437 by William Goggins, Esq. (Adj. from 1/6/11PH) Request for Variance from Code Section 280-46 (Bulk Schedule) and the Building Inspector's October 13, 2010, Amended February 16, 2011 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 minimum side yard setback of 10 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 Goehringer, to adiourn the hearin~ without a date. pendin~ receipt of Planning Board comments. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). RESOLUTIONS/UPDATED REVIEWS/OTHER: REMINDER CONFIRMTAION: Chairperson Weisman confirmed the next Special Meeting date for March 16, 2011 at 5:00 PM. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Goehringer to set the next Regular Meeting with Public Hearings to be held April 7, 2011 at 9:00 AM. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Goehrin~er, to approve minutes from Special Meeting held February 16, 2011. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). WORK SESSION: 1. Special Exception for accessory apartment in accessory building, discussed: · livable floor area to include bathroom not hallway or stairs; Page 5 - Minutes Regular Meeting held March 3, 2011 Southold Town Zoning Board of Appeals · who was to provide square footage; · Board to check with building department re: procedure to verify square footage. Regina's Garden #6388 - discussed outstanding issues and request from Agent to open just the record not the hearing. BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to rescind previous motion to open the hearing for Regina's Garden ZBA #6388 and just open the record to accept the affidavit re: lease and C & R's. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published 1:30 PM - BENALI, LLC #6422 - (adj. from 1/6/llPH) Possible Resolution: Board to consider letter dated February 28. 2011 from aoolicant's agent reouesting an adiournment. 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: Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to adiourn the hearing to July 7, 2011 at 1:00 p.m. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). 2:01 PM - MARY ANN PRICE #6447 by Mary Ann Price, Bob Hartz. In favor: Allison Mahaffy and Wayne SiJl. Against: Joseph Domanski, Margaret Straub, Ann Young, John Straub, Margaret Ashton and Janet Domanski-Ogiejko. (Adj. from 2/3/11) 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 Goehringer, to hold the hearing open for written responses only, until April 7, 2011. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Horning was absent. 2:20 PM Member Homing left. Page 6 - Minutes Regular Meeting held March 3, 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 3:53 P.M. Vioki Toth ~_v~/c~f/2011 Included by Reference: Filed ZBA Decisions (1) Leslie Kanes Weisman, C~airperson~ ~//201 Approved for Filing Resolution Adopted