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Home My WebLink AboutZBA-05/05/2011 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://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 MINUTES REGULAR MEETING THURSDAY, MAY 5, 2011 MAY '2 3 Ell 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 May 5, 2011 commencing at 8:30 A.M. Present were: Leslie Kanes Weisman, Chairperson/Member Gerard P. Goehringer, Vice Chairperson]Member James Dinizio, Member Ken Schneider, Member George Horning, Member (left 3:20 p.m.) Lucille Cappabianca, Legal Secretary Jennifer Andaloro, Assistant Town Attorney 8:30 A.M. Chairperson Weisman called the meeting to order with the Pledge of Allegiance. EXECUTIVE SESSION: 8:30 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. 10:05 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 REVIEWS; 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 Page 2 - Minutes Regular Meeting held May 5, 2011 Southold Town Zoning Board of Appeals apartment/bed and breakfast requests): CHRISTINE CONTE-BOUTIS #6465 DOUGLAS and ELLEN CIAMPA #6467 MARY BETH HENSON #6461 FRANK and ROSEMARY MONTELEONE #6464 DAVID J. VERITY #6470 BROSTAR, LLC #6463 THOMAS FRENZ #6466 BARRY and CAROL SWEENEY #6462 PAUL and LINDA WOLFROM #6468 Vote of the Board: Ail. 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. 10:06 AM - BROSTAR, LLC #6463 by Michael Solomon, Attorney for applicant; Gary Lillis, Greenport neighbor sworn in to testify; James Spanos, 1/3 owner of Brostar sworn in to testify; Nick Spanos, sworn in to testify. This is a request under Section 280-146D for an Interpretation of the Town Code, Article XXIII, Section 280-121, "Non-Conforming uses", appealing the Building Inspector's February 1, 2011 Notice of Disapproval for a permit for operation of a convenience store/service center/gas station in pre-existing gas station/service station, at: 330 Main Street and Champlin Place Greenport, NY. SCTM#1000-34-3-22. 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 July 7, 2011 at 1:00 p.m. subiect to receipt of information regarding pending CO's; on-site parking; previous zoning prior to change to R-40: Health Deoartment permits: 1993 Decision transcript; how aoolicant is meeting condition of 1993 ZBA variance and any other documentation to Drove it existed as a store prior to 1957. Vote of the Board: Aves: Ail. This Resolution was duly adopted (5- 11:25 AM Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to take a short recess. Vote of the Board: Ayes: Ail. 11:38 AM 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 reading of the Legal Notice as published: 11:39 AM - DOUGLAS and ELLEN CIAMPA #6467 by P. Moore, Attorney and Tom Samuels, Architect. Request for Variance from Art. XXII, Code Section 280-116 and the Building Inspector's March 1, 2011 Notice of Disapproval based on an apphcation for building permit to demolish existing dwelling and construction of a single family dwelling at; 1) less than the code required setback of 75 feet from a bulkhead, at: 4380 Paradise Point Rd., (adj. to Shelter Island Sound) Southold, NY. SCTM#1000-81-3~6. BOARD RESOLUTION: (Please see transcript of written statements prepared under Page 3 - Minutes Regular Meeting held May 5, 2011 Southold Town Zoning Board of Appeals 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 adopted (5-0). 12:07 PM - DAVID J. VERITY #6470 by P. Moore, Attorney for applicant. Request for Variance under Article IV Section 280-18 and the Building Inspector's March 23, 2011 Notice of Disapproval based on an application for building permit for a subdivision, at: proposed Lot 1; 1) less than the code required minimum lot size of 40,000 sq. ft., 2) less than the code required width of 150 hnear ft., 3) side yard setback at less than the code required 15 feet, proposed Lot 2; 1) at less than the code required minimum lot size of 40,000 sq. ft., 2) less than the code required width of 150 linear ft., 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 close the hearing reserving decision. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). 12:19 PM - THOMAS FRENZ #6466 by P. Moore, Attorney, Tom Samuels, Architect and Thomas Frenz, owner (in audience). Request for Variance from Article III Code Section 280-15B and the Building Inspector's February 4, 2011 Notice of Disapproval based on a building permit application for construction of an accessory two car garage at; at less than the code required side yard setback of 15 feet, at: 1260 Broadwaters Road (adj. to Broadwaters Cove) Cutchogue, NY. SCTM#1000-104-9-4.2. 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 reserving decision. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). 12:25 PM - BARRY and CAROL SWEENEY #6462 by G. Strang, Architect. Request for Variance from Article XXIII Code Section 280-124 and the Building Inspector's February 22, 2011 Notice of Disapproval based on an apphcation for a building permit to construct additions and alterations, including raising the dwelhng for FEMA comphance, 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; 2395 Jackson Street and Second Street New Suffolk, NY. SCTM#1000-117-9-25. 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 research on excessive lot coverage in the area and proposal for decrease in lot coverage from Architect. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). 12:38 PM - CHRISTINE CONTE-BOUTIS #6465 by R. Lehnert, Agent. Request for Variance from Code Section 280-124 and the Building Inspector's February 4, 2011 Notice of Disapproval based on an application for building permit existing deck addition at; less than the code required minimum side yard setback of 10 feet, at: 1020 Ruch Lane (adj. to Arshamomaque Pond) Southold, NY. SCTM#1000-52-2-33.1. 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 hearin~ reservin~ decision pending receipt of information from Agent regarding when the sliding door, landing Page 4 - Minutes Regular Meeting held May 5, 2011 Southold Town Zoning Board of Appeals and steps to the deck were installed in the side yard. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 12:49 PM - PAUL and LINDA WOLFROM #6468 by Amy Martin, Fairweather-Brown Design; Donald Finnerty, neighbor (against) and Paul Wolfrom, father of applicant. Request for Variance from Art. XXIII, Code Section 280-124 and the Building Inspector's March 1, 2011 Notice of Disapproval based on an application for building permit for reconstruction of existing single family dwelling at; 1) less than the code required front yard setback of 35 feet, at: 1650 Fleetwood Rd., (Betts St.) Cutchogue, NY. SCTM#1000-137-5-13. 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). 1:00 PM - GEORGE and RUBY GAFFGA #6438 - (Possible Resolution: Board to consider letter dated April 20, 2011 from Robert C. Tast, Architect, requesting adjournment until June 2011)(Adj. from 3/3/11) 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 demohtion and construct a new second single family dwelling at; 1) more than the code required one family detached dwelhng, 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 June 2, 2011 at 1:30 p.m. at the request of the Agent. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:10 PM Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to take a short recess. Vote of the Board: Ayes: All. 1:35 PM 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 pubhshed: 1:35 PM - MARY BETH HENSON #6461 by R. Herrmann, En-Consultants for applicant, Mary Beth Henson, apphcant, March Schwartz, Architect and Carol Gurley neighbor, against. Request for Variances from Art. XXII Section 280-116A(1), Art. XXIII Section 280-124 and Art. III Section 280-15F and the Building Inspector's Dec. 9, 2010, Updated February 25, 2011 Notice of Disapproval based on an application for building permit to construct alterations/additions, accessory in-ground swimming pool and decks at; 1) less than 100 foot setback from top of bluff for alt/add, 2) less than the minimum code required side yard setback of 15 feet, 3) less than the code required combined side yards of 35 feet, 4) Accessory structures proposed location other than the code required front yard on water front property at: 3300 Sound Drive (Adj. to Long Island Sound) Greenport, NY SCTM#1000-33-1-6 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 July 7, 2011 at 1:30 p.m. Vote of the Page 5 - Minutes Regular Meeting held May 5, 2011 Southold Town Zoning Board of Appeals Board: Aves: All. This Resolution was duly adooted (5-0). 2:43 PM - FRANK and ROSEMARY MONTELEONE #6464 - by Glen Heidtmann, of G. F. Heidtmann, for applicant and Rosemary Monteleone (in audience). Request for Variance from Code Article XXII Section 280-116B and the Building Inspector's July 13, 2010, Updated February 25, 2011 Notice of Disapproval based on an application for building permit for as built additions and alterations at: 1) two decks at less than the code required setback of 75 feet from a bulkhead, located at: 850 Blue Marlin Drive (adj. to Shelter Island Sound) Southold, NY. SCTM#1000-57-1-30. 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 oending receipt of 1996 Trustees Permit and survey. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Reminder Confirmation: Chairperson Weisman confirmed the next Special Meeting date for May 18, 2011 at 5:00PM. B. RESOLUTION ADOPTED: Motion was offered by Member Goehringer, seconded by Chairperson Weisman, to set the next Regular Meeting with Public Hearings to be held June 2, 2011 at 9:00 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 April 20, 2011. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). WORK SESSION: A. Town Board Policy on Calculation of Livable Floor Area on Special Exception Permits for Accessory Apartments in Accessory Structures. 3:20 PM - Member Homing left. EXECUTIVE SESSION: 3:20 PM Motion was offered by Chairperson Weisman seconded by Member Goehringer, to enter into Executive Session for attorney client privilege. Vote of the Board: Ayes: 4-0. Member Horning was absent. 3:30 PM Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to exit Executive Session. Vote of the Board: Ayes: 4-0. Member Horning was absent. Page 6 - Minutes Regular Meeting held May 5, 2011 Southold Town Zoning Board of Appeals 3:32 PM Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to close the Regular Meeting. Vote of the Board: Ayes: 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 3:32 P.M. Respectfully submitted, Lucille Cappabianca //~/2011 Inclu~b~Reference: Filed ZBA Decisions - None Leslie Kanes Weism~{.~, Ch~'n'person.~/~/2011 Approved for Filing Resolution Adopted