HomeMy WebLinkAboutZBA-07/07/2011 BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
James Dinizio, Jn
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, JULY 7, 2011
So'own 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 July 7, 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 2:30 p.m.)
Vicki Toth, ZBA Secretary
Jennifer Andaloro, Assist. Town Attorney
8:35 A.M. Chairperson Weisman called the meeting to order with the Pledge of Allegiance.
WORK SESSION:
8:36 A.M. Motion was offered by Chairperson Weisman seconded by Member Goehringer, to
enter into Work Session for the purpose of discussing LWRP and Comprehensive Plan. Vote of
the Board: Ayes: All.
RESOLUTIONS/UPDATED REVIEWS/OTHER:
A. Reminder Confirmation: Chairperson Weisman confirmed the next Special
Meeting date for July 21, 2011 at 5:00PM.
RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman,
seconded by Member Goehringer, to set the next Regular Meeting with Public
Hearings to be held August 4, 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
June 15, 2011. Vote of the Board: Aves: AIl. This Resolution was duly adopted (5-
Page 2 - Minutes
Regular Meeting held July 7, 2011
Southold Town Zoning Beard of Appeals
9:42 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;
A. New Applications: RESOLUTION declaring the following as Negative Declaration with
No Adverse Effect for the following projects as applied:
Type II Actions (No further steps- setback~dimensional/lot waiver/accessory
apartment/bed and breakfast requests):
MICHAEL SCHAEFER #6480
JAMES and JANET D'ADDARIO #6481
SCOTT OSLER #6478
EDWIN PISANI #6482
MICHAEL CARBONE #6483
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.
9:44AM - ANDREW GREENE #6387 - (adj. from 6/2/11). Joseph Fischetti, P.E. for
applicant. 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)
Peconic, 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 close the
hearing reserving decision subiect to field inspection and updated LWRP report. Vote
of the Board: Aves: All. This Resolution was duly adopted (5-0).
10:01AM - ROSE L. MILAZZO REVOCABLE TRUST #6471 - (adj. from 6/2/11).
Robert Herrmann, Eh-Consultants for applicant; Peter Caradonna, Architect; John
Milazzo and Mike Bontje, neighbor in favor. 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 Chairperson Weisman, seconded by Member Goehringer, to close the
Page 3 - Minutes
Regular Meeting held July 7, 2011
Southold Town Zoning Board of Appeals
hearing reserving decision. Vote of the Board: Aves: All. This Resolution was duly
adopted (5-0).
10:39 AM Motion was offered by Chairperson Weisman, seconded by Member
Goehringer, to take a short recess. Vote of the Board: Ayes: All.
10:50 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:
10:50AM - MICHAEL SCHAEFER #6480 - by Michael Schaefer, owner; Cathleen
Casey, neighbor, against. Request for Variance from Code Section 280-13 based on an
application for building permit to build a sports court on a vacant lot, and the Building
Inspector's March 2, 2011, Amended April 18, 2011 Notice of Disapproval stating that
the use of a sports court is not permitted on a vacant lot (without a principal dwelling),
at: 760 Hill Crest Drive North, Orient, NY. SCTM #1000-13-2-8.22. 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 close the hearing reserving decision. Vote of the
Board: Aves: All. This Resolution was duly adopted (4-0). Member Dinizio recused
himsel£
11:34AM - SCOTT and JULIA OSLER #6478 - by Scott Osler, owner. Request for
Variance from Article XXIII Code Section 280-124 and the Building Inspector's March
28, 2011 Notice of Disapproval based on an application for building permit to construct
a screen porch addition to a single family dwelling at 1) side yard setback of less than
the code required 15 feet, at; 2145 Haywaters Road, Cutchogue, NY. SCTM #1000-111-
7-3. 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).
11:43 AM - MICHAEL and ELLEN CARBONE #6483 - by Frank Uellendahl,
Architect. Request for Variance from Article III Code Section 280-15 and the Building
Inspector's May 20, 2011 Notice of Disapproval based on an apphcation for building
permit to construct an accessory garage at 1) front yard setback of less than the code
required 40 feet, location: 1580 North Bayview Rd. (adj. to Goose Creek) Southold, NY.
SCTM #1000-70-12-34. 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 revised site plan from Architect. Vote of
the Board: Aves: All. This Resolution was duly adopted (5-0).
12:00 PM - EDWIN J. PISANI #6482 - by Mark Schwartz, Architect. Request for
Variance from Code Article XXII Section 280-116B and the Building Inspector's May
31, 2011 Notice of Disapproval based on an application for building permit for
additions and alterations to an existing dwelling at:l) ]ess than the code required
setback of 75 feet from a bulkhead, located at: 7180 Peconic Bay Blvd.,(adj. to Great
Page 4 - Minutes
Regular Meeting held July 7, 2011
Southold Town Zoning Board of Appeals
Peconic Bay) Laurel, NY. SCTM #1000-126-11-9.1. BOARD RESOLUTION: (Please
see transcript of written statements prepared under separate cover.) After receiving
testimony, motion was offered by Chairperson Weisman, seconded by Member
Goehringer, to close the hearing reserving decision. Vote of the Board: Aves: All. This
Resolution was duly adopted (5-0).
12:06 PM - JAMES and JANET D'ADDARIO #6481 - by Mark Schwartz, Architect.
Request for Variance from Code Section 280-123 and the Building Inspector's May 19,
2011 Notice of Disapproval based on an application for building permit for
additions/alterations to a non-conforming building at; 1) a nonconforming building
containing a nonconforming use shall not be enlarged unless the use of such building is
changed to a conforming use, Location: 18905 Peconic Bay Blvd., Laurel, NY. SCTM
#1000-126-4-17.2. 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).
12:15 PM Motion was offered by Chairperson Weisman, seconded by Member
Goehringer, to take a short recess. Vote of the Board: Ayes: All.
1:00 PM Motion was offered by Chairperson Weisman, seconded by Member
Goehringer, to reconvene the meeting. Vote of the Board: Ayes: All.
CARRYOVER DELIBERATIONS and/or POSSIBLE DECISION:
DENIED
BEE-HIVE DEVELOPMENT CORP. #6476
DENIED, GRANT ALTERNATIVE RELIEF WITH CONDITIONS
JANE WEILAND #6472
PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson
Weisman introducing each application and reading of the Legal Notice as published:
1:20 P.M. BENALI, LLC #6422 - by Steve Kram, Managing Member; Joe Palmenteri,
neighbor. (Board to consider written request dated June 27, 2011 from agent for
adjournment to September 1, 2011) 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: (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 September L
2011 at 1:00 p.m. subiect to receipt of requested information by August 16~ 2011. Vote
of the Board: Aves: All. This Resolution was duly adopted (5-0).
Page 5 - Minutes
Regular Meeting held July 7, 2011
Southold Town Zoning Board of Appeals
1:57 PM - MARY BETH HENSON #6461 - by Robert Herrmann, En-Consultants.
(Adj. from 5/5/11PH). 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 close the hearing reserving decision. Vote of the Board: Ayes:
All. This Resolution was duly adopted (5-0).
2:08 PM BROSTAR, LLC #6463 Michael Solomon, Esq., James and Nick Spanos,
owners. (Adj. from 5/5/11PH). 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 close the
hearing reserving decision. Vote of the Board: Aves: All. This Resolution was duly
adopted (4-0). Member Horning was absent.
2:30 PM - Member Horning left.
There being no other business properly coming before the Board at this time,
Chairperson declared the meeting adjourned. The meeting was adjourned at 2:37 P.M.
Respectfully submitted,
Vicki Toth r//]~/2011
Included by Reference: Filed ZBA Decisions (2)
Leslie Kanes Weisman, Chairperson ~r/~_7/2011
Approved for Filing Resolution Adopted ~