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Home My WebLink AboutZBA-06/02/2011 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.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 MINUTES REGULAR MEETING THURSDAY, JUNE 2, 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 June 2, 2011 commencing at 9:00 A.M. Present were: Leslie Kanes Weisman, Chairperson/Member Gerard P. Goehringer, Vice Chairperson/Member James Dimzio, Member Ken Schneider, Member George Horning, Member Vicki Toth, ZBA Secretary Jennifer An. daloro, Assist. Town Attorney (left 11:05 am - returned 11:35 am) 9:07 A.M. Chairperson Weisman called the meeting to order with the Pledge of Allegiance. CARRYOVER DELIBERATIONS and/or POSSIBLE DECISION: CONDITION APPROVAL FRANK and ROSEMARY MONTELEONE #6464 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 apartment/bed and breakfast requests): GEORGE and MARY VAIL #6475 ROSE L. MILAZZO REVOCABLE TRUST #6471 Page 2 - Minutes Regular Meeting held June 2, 2011 Southold Town Zoning Board of Appeals LIEB VINES. LLC. #6469 ALAN and PATRICIA NORDEN #6474 GEORGE and JUDITH FLAIG #6477 BEE-HIVE DEVELOPMENT CORP. #6476 GEORGE D. and MARIA KOFINAS #6473 JANE WEILAND #6472 Vote of the Board: All. This resolution was duly adopted. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Reminder Confirmation: Chairperson Weisman confirmed the next Special Meeting date for June 15, 2011 at 6:00PM. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to set the next Regular Meeting with Public Hearings to be held July 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 Goehringer, to approve minutes from Special Meeting held May 18, 2011. Vote of the Board: Aves: All. This Resolution was duly adopted (5- WORK SESSION: A. Disclosure form. B. Workplace Violence Training Schedule. C. Fishers Island Annual Board Meeting August 10, 2011. D. Training Session with Phil Seigel, approved. E. Town Board changing Code on Accessory Apartments. F. Add Martocchia #6449 to June 15, 2011 Special Meeting Agenda. PUBLIC HEARINGS: The following public hearings were held, with Chairperson Weisman introducing each apphcation and reading of the Legal Notice as published. 9:35AM - ANDREW GREENE #6387 - (Board to consider request for adjournment per letter dated May 31, 2011 from applicant) (adj. from 6/30/10) Request for Variance from Code Section 280-116(A) based on an application for building permit and the Building Inspector's March 24, 2010, Notice of Disapproval concerning construction of an accessory in-ground swimming pool at less than the code required setback from a bluff of 100 feet at; 30653 Route 48,(adj. to Long Island Sound) Pecouic, NY.SCTM #1000-73-4-5. 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 adjourn the hearing to July 7, 2011 at 9:30 a.m. per applicant request dated May 31, 2011. Vote of the Board' Aves: All. This Resolution was duly adopted (5-0). Page 3 - Minutes Regular Meeting held June 2, 2011 Southold Town Zoning Board o£Appeals WORK SESSION: Discussed pending applications. 9:55 AM Motion was offered by Member Goehringer, seconded by Chairperson Weisman, to take a short recess. Vote of the Board: Ayes: All. 10:01 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 application and reading of the Legal Notice as published: 10:02AM - GEORGE and MARY VAIL #6475 by G. Strang, Architect and Mary Vail, owner. Request for Variances from Code Article XXIII Section 280-124 and the Building Inspector's April 6, 2011 Notice of Disapproval based on an application for building permit to construct additions to an existing dwelling at: 1) less than the code required front yard setback of 35 feet, 2) less than the code required rear yard setback of 35 feet, 3) lot coverage of more than the code required 20%, 4) accessory structure in a location other than the code required rear yard; location of property: 50 Oak Avenue (Pine Avenue and Unnamed Street) Southold, NY SCTM #1000-77-2-7. 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 floor plans from Architect. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). 10:20AM - ROSE L. MILAZZO REVOCABLE TRUST #6471 - (Board to consider request for adjournment per letter dated May 32, 2011 from applicant's agent). Request for Variances under Sections 280-122, 280-124 and 280-116B, based on the Building Inspector's February 9, 2011 Notice of Disapproval concerning an application for additions and alterations to an existing seasonal cottage, which proposed construction will be: 1) less than the code-required minimum side yard setback of 10 feet; 2) less than the code required combined side yard setbacks of 25 feet; 3) less than the code required setback of 75 feet from the bulkhead; location: 1165 Island View Lane (adj. to underwater lands) Greenport, NY SCTM #1000-57-2-20. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Member Goehringer, seconded by Member Dinizio, to adjourn the hearin~ to July 7. 2011 at 9:50 a.m. per request dated May 31, 2011 from a~licant's agent. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:24 AM Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to take a short recess. Vote of the Board: Ayes: All. 10:47 AM 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 June 2, 2011 Southold Town Zoning Board of Appeals PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 10:47AM - LIEB ViNES, LLC. #6469 by Gail Wickham, Esq., Bill Kelly, Mark Lieb. Monica Corso Raynor, against. Request for Variance from Art. III, Code Section 280- 13(4)(c) based on Building Inspector's March 18, 2011, Notice of Disapproval and an application for building permit concerning conversion of existing storage building into an office and winery tasting room at: less than the code required 100 foot setback from a major road at; 13050 Oregon Rd., Cutchogue, NY. SCTM #1000-83~3~2.1. 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)~ 11:05 AM - Assistant Town Attorney Andaloro left the room. 11:35 AM - Assistant Town Attorney Andaloro returned. 11:42AM - ALAN and PATRICIA NORDEN #6474 by Frank Uellendahl, Architect. Request for Variance from Article XXIII Code Section 280-122 and the Building Inspector's March 24, 2011 Notice of Disapproval based on an application for building permit to construct a 3'X12' second floor addition to a single family; 1) pursuant to Walz (#5039) such addition will constitute an increase in nonconformance, 2) front yard setback of less than the code required 35 feet; at: 2395 King Street Orient, NY SCTM#1000-26-2-44. BOARD RESOLUTION: (Please see transcript ofwritten statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to close the hearin~ reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:48AM - GEORGE and JUDITH FLAIG #6477 by George and Judy Flaig, owners. 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; 2740 Mill Road Mattituck, NY. SCTM #1000-100-5-1. 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). 11:55 AM Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to take a short recess. Vote of the Board: Ayes: All. 12:02 PM Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to reconvene the meeting. Vote of the Board: Ayes: All. Page 5 - Minutes Regular Meeting held June 2, 2011 Southold Town Zoning Board of Appeals PUBLIC HEARINGS (continued): The foilowing public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 12:03 PM - BEE-HIVE DEVELOPMENT CORP. #6476 by Catherine Mesiano, Agent. Request for Variances under Sections 280-124 and 280-116, based on the Building Inspector's March 21, 2011 Notice of Disapproval concerning an application for construction of a new single family dwelling at: 1) less than the code required front yard setback of 35 feet, 2) less than the code-reqnired minimum of 75 feet from the bulkhead, at; 400 Old Cove Blvd. (Beverly Rd.) (adj. to Arshamomaque Pond aka Mill Creek) Southold, NY. SCTM #1000-52-2-14. 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). 12:36 PM - BEE-HIVE DEVELOPMENT CORP. #6476 - REOPENED. 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 corrected survey showing setback from bulkhead. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). 12:37 PM - GEORGE D. and MARIA KOFINAS #6473 by Abigail Wickham, Esq. Request for Variance under Section 280-116, based on the Building Inspector's February 17, 2011 Notice of Disapproval concerning an application to rebuild a preexisting accessory bath house with deck, which proposed construction will be: 1) less than the code required setback of 75 feet from the bulkhead; location: 552 East Road (adj. to Cutchogue Harbor (Great Peconic Bay)) Cutchogue, NY SCTM #1000- 110-7-18.2. 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 subiect to receipt of property tax numbers from Agent. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). 1:22 PM Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to take a short recess. Vote of the Board: Ayes: All. 1:30 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 published: 1:31 PM - JANE WEILAND #6472 by Jane Weiland, owner and Ariizumi Hideaki, Agent. Request for Variance under Section 280-116, based on the Building Inspector's April 5, 2011, Amended April 12, 2011 Notice of Disapproval concerning an application to construct an accessory deck and shed, which proposed construction will be: 1) less than the code required setback of 75 feet from the bulkhead; location: 6485 Nassau Point Rd., (adj. to Little Peconic Bay) Cutchogue, NY SCTM#1000-111-13-11. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate Page 6 - Minutes Regular Meeting held June 2, 2011 Southold Town Zoning Board of Appeals 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). 1:42 PM - JAMES and KATHLEEN BLACKLEY #6458 - No Appearance. (Adjourned from April 7, 2011) 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 hearing to August 4, 2011 at 1:00 p.m. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). 1:45 PM - GEORGE and RUBY GAFFGA #6438 by Bob Tast, Agent and George Gaffga, owner. (Adjourned from May 5, 2011) 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 apphcation for building permit to demolition and construct a new second single family dwelhng 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 LaurelAve., 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 close the hearin~ reservin~ decision. Vote of the Board: Ayes: All. This Resolution was dulv adopted (5-0). There being no other business properly coming before the Board at this time, Chairperson declared the meeting adjourned. The meeting was adjourned at 2:08 P.M. Respectfully submit~d, Vieki Toth ~0 ~ /2011 Includ:d/~eference: Filed ZBA Decisions (1) Leslie Kanes Weisman, Chairperson7 /! ,L2011 Approved for Filing Resolution Adopted/~