HomeMy WebLinkAboutZBA-04/07/2011 BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
James Dinizio, Jr.
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, APRIL 7, 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 April 7, 2011 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 Horning, Member
Vicki Toth, ZBA Secretary
Jennifer Andaloro, Assistant Town Attorney
9:07 A.M. Chairperson Weisman called the meeting to order with the Pledge of Allegiance.
CARRYOVER DELIBERATIONS and/or POSSIBLE DECISION:
JEROME and SANDRA MARTOCCHIA, JR. #6449
(Table until 4/20/11)
STATE ENVIRONMENTAL OUALITY REVIEWS:
BOARD RESOLUTION: Motion was made by Chairperson Weisman, seconded
by Member Goehringer, to declare the following Declarations:
Type II Actions (No further steps- setbackJdimensionaVlot waiver/accessory
apartment/bed and breakfast requests):
ANNE R. BUNTING #6455
FRANK ORITO #6459
NORTH FORK BEACH CONDOMINIUMS #6456
JAMES and KAREN MOWDY #6457
Page 2 - Minutes
Regular Meeting held April 7, 2011
Southold Town Zoning Board of Appeals
DAISY M. FOLK #6450
JAMES CONNOLLY #6454
NORTH FORK COMMUNITY THEATER #6460
JAMES and KATHLEEN BLACKLEY #6458
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.
9:40 AM - ANNE R. BUNTING #6455 by Sam Fitzgerald, Agent. Request for Variance
from Art. XXII Code Section 280-116A(1), Art. XXIII Section 280-14 and Art. III
Section 280-15F and the Building Inspector's January 24, 2011 Notice of Disapproval
based on a building permit application for additions & alterations to existing dwelling
and construction of an accessory structure at; 1) at less than the code required setback
of 100 feet from the top of bluff, 2) Accessory structure at less than the code required
setback of 100 feet from the top of bluff, 3) less than the code required front yard
setback of 60 feet, 4) accessory structure at less than the code required front yard
setback of 60 feet on water front property at: 2427 Isabella Beach Rd.,(adj. to Block
Island Sound) Fishers Island, NY. SCTM #1000-10-6-14.1 and 11- 1-7.5. 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 subiect to
receipt of engineer report providing erosion control prevention plan. Vote of the Board:
Aves: All. This Resolution was duly adopted (5-0).
10:16 AM - FRANK ORITO #6459 by Diana LaSpisa, Agent and Frank Orito, owner.
Request for Variance from Art. III Code Section 280-15 and the Building Inspector's
February 16, 2011 Notice of Disapproval based on an application for building permit to
construct accessory in-ground swimming pool at; location other than the code required
rear yard; at: 3420 Stars Road E. Marion, NY. SCTM #1000-22-2-18. 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 close the hearing reserving decision. Vote of the
Board: Aves: All. This Resolution was duly adopted (5-0).
10:35 A.M. Motion was offered by Chairperson Weisman, seconded by Member
Goehringer, to take a short recess. Vote of the Board: Ayes: All.
10:42 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 Legai Notice as published:
10:43 AM - NORTH FORK BEACH CONDOMINIUMS #6456 by Eric Ohman, Agent.
Request for Variance from Art. III Section 280-15 and the Building Inspector's
December 30, 2010 Notice of Disapproval based on a building permit application for
Page 3 - Minutes
Regular Meeting held April 7, 2011
Southold Town Zoning Board of Appeals
accessory gazebo at; 1) a location other than the code required rear yard, at: 52325
County Rd. 48 and Sound View Ave., Southold, NY. SCTM #1000-135-2-24. 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).
10:50 AM - JAMES and KAREN MOWDY #6457 by Karen Hoeg, Agent and Mark
Schwartz, Architect. Request for Variance from Art. XXIII Code Section 280-124 and
the Building Inspector's December 16, 2010 Notice of Disapproval based on an
application for building permit to construct accessory in-ground swimming pool and
pool house at; lot coverage of more than the code required 20%, at: 2855 Laurel Trail
Laurel, NY. SCTM #1000-125-4-24.9. 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 subject to receipt of survey showing location of
oool e~uioment and drywell. Vote of the Board: Aves: All. This Resolution was duly
adopted (5-0).
11:07 AM - DAISY M. FOLK #6450 by Robert Barrett, Agent and Ellen Bellomo,
neighbor, against. This is a request for a Waiver of Merger under Article II, Section
280-10A, to unmerge land identified as SCTM #1000-59-6-10, based on the Building
Inspector's December 16, 2010 Notice of Disapproval, which states adjoining
nonconforming lots held in common ownership shall merge until the 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 11. Property located at; 7599 &
7475 Soundview Ave., (adj. to 2 Private Rds.) Southold, NY. SCTM #1000-59-6-10&11.
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).
11:31 AM - JAMES CONNOLLY #6454 by Catherine Mesiano, Agent. Request for
Variance from Article XXIII Code Section 280-124 and the Building Inspector's
February 4, 2011 Notice of Disapproval based on a building permit application for
porch addition to existing dwelling at; at less than the code required front yard setback
of 50 feet, at: 5575 Sound Ave., Mattituck, NY. SCTM#1000-121-1-3.2. 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: Aves: All. This Resolution was duly adopted (5-0).
11:44 A.M. Motion was offered by Member Goehringer, seconded by Chairperson
Weisman, to take a short recess. Vote of the Board: Ayes: All.
11:50 A.M. Motion was offered by Chairperson Weisman, seconded by Member
Goehringer, to reconvene the meeting. Vote of the Board: Ayes: All.
Page 4 - Minutes
Regular Meeting held April 7, 2011
Southold Town Zoning Board of Appeals
PUBLIC HEARINGS (continued): The following pubhc hearings were held, with Chairperson
Weisman introducing each application and reading of the Legal Notice as published:
11:51 AM - JAMES and KATHLEEN BLACKLEY #6458 by Matt Ivans, Agent and
James Fitzgerald, Agent for neighbor Lesley Graham, against. Request for Variance
from Art. XXII Code Section 280-116 and section 280-15 and the Building Inspector's
January 19, 2011 Notice of Disapproval based on an application for building permit to
construct accessory in-ground swimming pool and existing shed at; 1) bulkhead
setback of less than the code required 75 feet for the pool, 2) location other than the
code required rear yard for the shed at: 415 Harbor Lights Dr. (adj. to creek or canal),
Southold, NY. SCTM #1000-71-2-4. BOARD RESOLUTION: (Please see transcript of
written statements prepared under separate cover.) After receiving testimony, motion
was offered by Chairperson Weisman, seconded by Member Goehringer, to adiourn the
hearin~ to June 2, 2011 at 1:00 p.m. subiect to review of amended plan. Vote of the
Board: Aves: All. This Resolution was duly adopted (5-0).
12:12 PM - NORTH FORK COMMUNITY THEATER #6460 by Karen Hoeg, Agent and
Richard Ehlers, Attorney for church in favor. Request for Variance from Art. III Code
Section 280-46 and the Building Inspector's December 1, 2010 Notice of Disapproval
based on an application for building permit for lot line change at; 1) lot size less than
the code required 20,000 sq. ft. per Bulk schedule in HB District, 2) less than the code
required rear yard setback of 25 feet, 3) less than the code required side yard setback
of I0 feet, at: 12700 Sound Ave. and 12605 Main Rd., Mattituck, NY. SCTM #1000-
141-4-26&32.1. 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 close the hearing reserving
decision. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0).
12:35 P.M. Motion was offered by Chairperson Weisman, seconded by Member
Goehringer, to take a short recess. Vote of the Board: Ayes: All.
1:11 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 pubhc hearings were held, with Chairperson
Weisman introducing each application and reading of the Legal Notice as pubhshed:
1:11 PM - IRENE RUTKOSKI ESTATE #6445 - (adj. from 2/3/11PH) by Patricia
Moore, 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 Goehringer, to close the
hearing reserving decision subiect to receipt of PreCo's. Vote of the Board: Ayes: All.
This Resolution was duly adopted (5-0).
Page 5 - Minutes
Regular Meeting held April 7, 2011
Southold Town Zoning Board of Appeals
1:47 PM - JEFF ANDRADE #6435 - (adj. from 2/3/11PH). No. Appearance. 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 Dinizio, to adiourn the hearing without a date. Vote of the Board: Aves: All.
This Resolution was duly adopted (5-0).
RESOLUTIONS/UPDATED REVIEWS/OTHER:
A. Reminder Confirmation: Chairperson Weisman confirmed the next Special
Meeting date for April 20, 2011 at 5:00PM.
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 May 5, 2011 at 8:30 AM. Vote of the Board: Aves: All. This
Resolution was duly adopted (5-0).
C. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman,
seconded by Member Goehringer, to approve minutes from Special Meeting
held March 16, 2011. Vote of the Board: Aves: All. This Resolution was duly
adopted (5-0).
D. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman,
seconded by Member Goehringer, to close the record on Venetia #6313, which
was left open at the February 3, 2011 Regular Meeting to receive written
comments from the applicant and/or attorney. Vote of the Board: Aves: All.
This Resolution was duly adopted (5-0).
E. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman,
seconded by Member Goehringer, to remove the condition on Venetia #6313.
Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
F. RESOLUTION ADOPTED: Motion was offered by Member Goehringer,
seconded by Members Schneider and Dinizio, to close the record on Price
#6447. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
G. RESOLTUION ADOPTED: Motion was offered by Chairperson Weisman,
seconded by Member Goehringer, to approve C&R's and Affidavit for Regina's
Garden #6388. Vote of the Board: Aves: All. This Resolution was duly adopted
(5-0).
Page 6 - Minutes
Regular Meeting held April 7, 2011
Southold Town Zoning Board of Appeals
WORK SESSION:
A. Price #6447, discussion of written comments from Planning.
B. Discuss meeting with Building Dept. re: Accessory Apartment; livable floor
area calculations.
C. Discuss Board procedures for placing an item on the agenda.
D. Assistant Town Attorney Adaloro will attend next Special Meeting to
discuss conditions in decisions.
There being no other business properly coming before the Board at this time,
Chairperson declared the meeting adjourned. The meeting was adjourned at 1:59 P.M.
Include~ference: Filed ZBA Decisions None
Leslie Kanes Weisman, Chairperson.~/~2011
Approved for Filing Resolution Adopt~d~ t/
Southold Town Clerk