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Home My WebLink AboutZBA-08/04/2011 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 SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 MINUTES REGULAR MEETING THURSDAY, AUGUST 4, 2011 outliold 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 August 4, 2011 commencing at 9:00 A.M. Leslie Kanes Weisman, Chairperson/Member Gerard P. Goehringer, Vice Chairperson/Member James Dinizio, Member Ken Schneider, Member George Homing, Member (left 2:31 p.m.) Vicki Toth, ZBA Secretary Jennifer Andaloro, Assist. Town Attorney 9:00 A.M. Chairperson Weisman called the meeting to order with the Pledge of Allegiance. CARRYOVER DELIBERATIONS and/or POSSIBLE DECISION: The Board deliberated on the following applications. The originals of each of the following applications were decided, with the original determinations filed with the Southold Town Clerk: DENIED GEORGE D. and MARIA KOFINAS #6473 DENIED, GRANT ALTERNATIVE RELIEF WITH CONDITIONS ANDREW GREENE #6387 Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). EXECUTIVE SESSION: 9:11 A.M. Motion was offered by Chairperson Weisman seconded by Member Goehringer, to enter into Executive Session for the purpose of obtaining advice of Counsel. Vote of the Board: Ayes: All. Page 2 Minutes Regular Meeting held August 4, 2011 Southold Town Zoning Board of Appeals 10:02 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 E. AND EDNA BEIRNE #6486 MAUREEN RADIGAN (PECONIC LAND TRUST, INC.) #6485 PETER AND CHERYL CASTIGLIONE #6490 MICHAEL J. MACCO #6489 SHAMGAR CAPITAL, LLC (DANIEL BUTTAFUOCO) #6487 GEORGE and CONSTANTINE ZACHARIADIS #6491 LISA AND DAVID CIFARELLI #6488 DEBORAH PENNEY #6484 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. 10:06 AM - DEBORAH PENNEY #6484 by Steve Christiansen, Architect, Deborah Penny, owner and Thomas McDermott, against. Request for Variance from Code Article XXII Section 280-116 and 280-124 and the Building Inspector's June 3, 2011 Notice of Disapproval based on an application for building permit for demo and new construction of a single family dwelling at: 1) less than the code required setback of 75 feet from a bulkhead, 2) less than the code required front yard setback of 35 feet, located at: 160 Sailors Needle Road, (adj. to Jones Creek) Mattituck, NY SCTM#1000- 144-5-26. 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 September 1, 2011 at 2;00 PM subiect to receipt of revised Salt Lake Village C&R's. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:08 AM Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to take a short recess. Vote of the Board: Ayes: All. 11:14 AM Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to reconvene the meeting. Vote of the Board: Ayes: All. Page 3 - Minutes Regular Meeting held August 4, 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: 11:15 AM - SHAMGAR CAPITAL, LLC (DANIEL BUTTAFUOCO) #6487 by Gerard Meyer, Architect and Felice Klein for Lisa Davidoff, against. Request for Variances from Article XXII Code Section 280-116 and Article III Section 280-14 and the Building Inspector's February 25, 2011 updated June 9, 2011 Notice of Disapproval based on an application for building permit for reconstruction of an existing dwelling with third story addition at: 1) less than the code required setback of 75 feet from a bulkhead, 2) more than the code required number of stories of 21/2, located at: 1165 Kimberly Lane ( adj. to Southold Bay) Southold, NY SCTM#1000-70-13-20.7. 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. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). 12:04 PM - LISA AND DAVID CIFARELLI #6488 by P. Moore, Esq., and Lisa Cifarelli, owner. Request for Variances from Article XXIII Code Section 280-122 and the Building Inspector's May 10, 2011 Notice of Disapproval based on a building permit application for additions and alterations to a nonconforming building at: 1) less than the code required front yard setback of 100 feet, 2) less than the code required side yard setback of 20 feet, 3) less than the code required rear yard setback of 75 feet, located at; 1335 New Suffolk Road Cutchogue, NY SCTM# 1000-109-7-9.3. 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 subiect to Planning Board comments and receipt of agent response within two weeks afterwards. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). 12:22 PM Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to take a short recess. Vote of the Board: Ayes: All. 12:55 PM Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to reconvene the meeting. Vote of the Board: Ayes: Ail. PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 12:56 PM - EDNA BEIRNE #6486 by P. Moore, Esq., Edna Beirne, owner and Ray Fedynak, neighbor in favor. Request for Variance from Article XXIII Code Section 280-124 and Article III Section 280-15 and the Building Inspector's June l, 2011 Notice of Disapproval based on an application for building permit to construct a deck and shower addition and accessory garage addition/alteration at 1) front and rear yard setback of less than the code required 35 feet, 2) side yard setback of more than the code required 10 feet, 3) lot coverage of more than the code required 20% for the deck/shower addition and 4) rear and side yard setbacks for accessory buildings at more than the code required 3 feet, located at: 55 Fay Court (adj. to Right of Way) Mattituck, NY SCTM#1000-123-5-17. 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 Page 4 Minutes Regular Meeting held August 4, 2011 Southold Town Zoning Board o£Appeals close the hearing reserving decision. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). 1:19 PM - PETER AND CHERYL CASTIGLIONE #6490 by Cheryl Castiglione, owner. Applicant request 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 four (4) bedrooms for lodging and serving of breakfast to the B&B casual, transient roomers. Location of Property: 2500 Peconic Lane Peconic, NY SCTM#1000- 74-3-24.2. 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). 1:23 PM - MAUREEN RADIGAN (PECONIC LAND TRUST. INC.) #6485 by Maureen Radigan. Request for Special Exception per Code Section 280-13B(4), the applicant is requesting permission to convert existing office space to operate a nursery school at: 44600 County Road 48, Southold, NY SCTM#1000-63-1-23. 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: Ail. This Resolution was duly adopted (5-0). 1:37 PM - MICHAEL J. MACCO #6489 by Frank Notaro, Architect and Michael Macco, owner. Request for Variances from Article III Code Section 280-15 and the Building Inspector's May 27, 2011 Notice of Disapproval based on an application for building permit to reconstruction an accessory garage at: 1) less than the code required front yard setback of 35 feet, 2) less than the code required side yard setback of 20 Feet, 3) more than the code required maximum height of 22 feet, located at: 950 Oak Street (adj. to East Creek, aka Eugene's Creek) Cutchogue, NY SCTM#1000-136-1-37. 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: Ali. This Resolution was duly adopted (5-0). 1:47 PM - T-MOBILE NORTHEAST, LLC #6433. (Board to consider request for adjournment per letter dated July 2, 2011 from John J. Coughlin, Atty., agent for applicant) Request for Variances from Code Section 280-70J and the Building Inspector's September 30, 2010, amended October 12, 2010, updated June 10, 2011 Notice of Disapproval based on an application for building permit to upgrade and maintain a wireless telecommunication facility with equipment; 1) tower exceeding the code required maximum height of 45 feet, 2) antenna not mounted on the interior per code requirement, 3) less than the code required minimum distance to adjacent residential property line of 500 feet; located at: 69685 Route 25 (Main Rd) and Chapel La., Greenport, NY SCTM#1000-45-1-14.1. Zone LB. 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 October 6, 2011 at 2 PM per request of agent. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). Page 5 - Minutes Regular Meeting held August 4, 2011 Southold Town Zoning Board of Appeals 1:49 PM - JAMES and KATHLEEN BLACKLEY #6458 (adj. from 6/2/11) by Bruce Anderson, Suffolk Environmental Consultants. 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 close the hearing reserving decision. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). 1:51 PM - GEORGE and CONSTANTINE ZACHARIADIS #6491 by Garrett Strang, Architect. Request for Variance from Article XXIII Code Section 280-124 and the Building Inspector's May 16, 2011 Notice of Disapproval based on an application for building permit to construct additions to a single family dwelling at 1) side yard setback of less than the code required 15 feet, located at; 2195 Ruth Road, Mattituck, NY SCTM#1000-106-7-5. 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. 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 August 18,2011 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 September 1, 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 July 21, 2011. Vote of the Board: Aves: Ali. This Resolution was duly adopted (5- WORK SESSION: A. Discussed request in a letter dated August 2, 2011 from agent for BENALI #6422 for adjournment to November 3, 2011. 2:05 PM RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Horning to DENY request for adjournment re: BENALI #6422. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). Page 6 Minutes Regular Meeting held August 4, 2011 Southold Town Zoning Board of Appeals 2:06 PM Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to take a short recess. Vote of the Board: Ayes: All. 2:14 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: 2:14 PM * TK ALPHA. LLC. #6437 by Anthony Palumbo, Attorney and Edward Broidy, Member. Request for Variance from Art. X, Code Section 280-46 (Bulk Schedule) and the Building Inspector's February 16, 2011 Notice of Disapproval based on an application for building permit to construct a new building on a lot with an existing building at; 1) less than the required lot size of 40,000 sq. ft. for two buildings with four (4) uses, 2) less than the code required minimum side yard setback of 10 feet, located at: 535 Pike St., aka Railroad Ave., Mattituck, NY SCTM#1000-140-2-20. Zone HB. 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 (4-0). Member Horning was absent. Member Horning left at 2:31 PM. There being no other business properly coming before the Board at this time, Chairperson declared the meeting adjourned. The meeting was adjourned at 2:47 P.M. Respectfully submitted, Vicki Toth / /2011 Included by Reference: Filed ZBA Decisions (2) ! L;s~e Kales ~Veisman, Chairp;rson ~_//j~/2011 Approved for Filing Resolution Adopted/~