The URL can be used to link to this page

Home My WebLink AboutZBA-09/01/2011 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, SEPTEMBER 1, 2011 1 6 2011 . 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 September 1, 2011 commencing at 9:00 A.M. Present were: Leslie Kanes Weisman, Chairperson/Member Gerard P. Goehringer, Vice Chairperson/Member Ken Schneider, Member George Horning, Member (left 2:30 p.m.) Vicki Toth, ZBA Secretary Jennifer Andaloro, Assist. Town Attorney (left 4:00 p.m.) Absent was: James Dinizio, Member EXECUTIVE SESSION: 9:03 A.M. Motion was offered by Chairperson Weisman seconded by Member Goehringer, to enter into Executive Session. Vote of the Board: Ayes: All. Member Dinizio was absent. 9:35 A.M. Motion was offered by Chairperson Weisman seconded by Member Goehringer, to exit Executive Session. Vote of the Board: Ayes: All. Member Dinizio was absent. 9:36 A.M. Chairperson Weisman called the meeting to order with the Pledge of Allegiance. The Board proceeded with the first item on the Agenda as follows: STATE ENVIRONMENTAL QUALITY REVIEWS; A. BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to declare the follo~ving Declarations with No Adverse Effect for the following projects as applied: Page 2 - Minutes Regular Meeting held September 1, 2011 Southold Town Zoning Board of Appeals Type II Actions (No further steps- setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests): WILLIAM L. BOSWELL #6494 MICHAEL and SUSAN JEFFRIES #6498 CURTIS HORTON #6495 JOHN and ALEXANDRA KAPETANOS #6499 MICHAEL PHILLIPS #6500 MICHAEL GREENLY MARKETING PENSION PLAN #6503 FRANK C. GILBERT #6501 BRIAN GLENN (CV) for WILLIAM BERGRATH #6492 Vote of the Board: All. This resolution was duly adopted (4-0). Member Dinizio was absent. B. BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to declare no objection to the Southold Town Planning Board as Lead Agency in this Unlisted Action: BRIAN GLENN (CV) for WILLIAM BERGRATH #6493 Vote of the Board: All. This resolution was duly adopted (4-0). Member Dinizio was absent. PUBLIC HEARINGS: The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published. 9:39AM - WILLIAM L. BOSWELL #6494 by P. Moore, Esq., Luke Boswell and Mike Verity, Building Department. Request for Variances from Art. XXII Section 280- 116A(1), Art. XXIII Section 280-124 and the Building Inspector's July 5, 2011 Notice of Disapproval based on an application for building permit to relocate a dwelling, at; 1) less than 100 foot setback from top of bluff, 2) less than the minimum code required front yard setback of 50 feet, located at: Off East End Road Fishers Island, NY. SCTM #1000-11-1-12. 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. Vote of the Board: Aves: All. This Resolution was duly adopted (4-0). Member Dinizio was absent. 10:05AM - MICHAEL and SUSAN JEFFRIES #6498 by P. Moore, Esq., and Quincy Hammond, Architect for owner. Request for Variance from Art. XXII Section 280- 116A(1) and the Building Inspector's July 7, 2011 Notice of Disapproval based on an application for building permit construct a retaining wall, at; 1) less than 100 foot setback from top of bluff ( this is a deviation from the prior ZBA decision #6167), located at: East End Road (adj. to Block Island Sound) Fishers Island, NY. SCTM #1000-1-2-11. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Page 3 - Minutes Regular Meeting held September 1, 2011 Southold Town Zoning Board of Appeals Chairperson Weisman, seconded by Member Goehringer, to close the hearing reserving decision pending receipt of revised alternative wall width plan. Vote of the Board: Aves: All. This Resolution was duly adopted (4-0). Member Din]z]n was absent. 10:33AM - CURTIS HORTON #6495 by Richard Lark, Esq., Wells Horton, Executor, Audrey Horton; Nick Bubany, Joan Langemyr, neighbors, against. This is a request for a Waiver of Merger under Article II, Section 280-10A, to unmerge land identified as SCTM #1000-104-6-14, based on the Building Inspector's May 17, 2011 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 104-6-20.1, located at: 1040 Oak Drive (1835 Mason Drive)(Hickory Drive) Cutchogue, NY. SCTM #1000-104-6-14 & 20.1. 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 (4-0). Member Dinizio was absent. 11:21 AM Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to take a short recess. Vote of the Board: Ayes: All. Member Dinizio was absent. 11:33 AM Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to reconvene the meeting. Vote of the Board: Ayes: All. Member Dinizio was absent. PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 11:34AM - NICHOLAS CUTRONE #6496 by Peter Gerace, Al'chitect and Nick Cutrone, owner. Request for Variances from Art. XXII Section 280-116A(1) and the Building Inspector's May 31, 2011 Notice of Disapproval based on an application for building permit for as built deck and proposed addition, at; 1) as built deck at less than 100 foot setback from top of bluff, 2) proposed addition at less than 100 foot setback from top of bluff, located at: 786 Bailie Beach Road (adj. to Long Island Sound) Mattituck, NY. SCTM #1000-99-3-7. 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 adjourn the hearing to October 6, 2011 at 1:00 p.m. Vote of the Board: Aves: AlL This Resolution was duly adopted (4-0). Member Dinizio was absent. 11:51AM - JOHN and ALEXANDRA KAPETANOS #6499 by James DeLucca, RA Agent. Request for Variance from Article XXIII Code Section 280-124 and the Building Inspector's June 22, 2010, Updated June 13, 2011 Notice of Disapproval based on an application for a building permit to construct additions and alterations to existing single family dwelling at, 1) front yard setback of less than the code required 35 feet 2) total side yard setbacks of less than the code required 25 feet, 3) lot coverage of more than the code required 20%, located at: 455 Sound Beach Drive Mattituck, NY. SCTM #1000-99-1-21. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was Page 4 Minutes Regular Meeting held September 1, 2011 Southold Town Zoning Board of Appeals 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 was absent. 12:06PM - MICHAEL PHILLIPS #6500 by Robert Herrmann, l~n-Consultants and Michael Phillips, owner. Request for Variances from Art. XXII Section 280-116A(1) and the Building Inspector's June 16, 2011 Notice of Disapproval based on an application for building permit to demolish and construct a new dwelling and accessory In Ground swimming pool, at; 1) less than 100 foot setback from top of bluff for the dwelling and accessory swimming pool, located at: 1000 Sound Drive (adj. to Long Island Sound) Greenport, NY. SCTM #1000-33-4-3. 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 (4-0). Member D~n]~o was absent. 12:38PM - MICHAEL GREENLY MARKETING PENSION PLAN #6503 by D. Doty, Esq. Request for Variance under Article II Section 280-9 and the Building Inspector's July 6, 2011 Notice of Disapproval based on an application for Lot Recognition, which states "the identical lot was created by deed recorded in the Suffolk County Clerk's Office on or before June 30, 1983 and the lot conformed to the minimum lot size set forth in Bulk Schedule AA as of date of lot creation." 1) Lot depth is less than the required 175 feet, located at: 1210 Cedar Birch Road Orient, NY. SCTM #1000-20-3- 12.1. 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 (4-0). Member was absent. 12:44 PM Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to take a short recess. Vote of the Board: Ayes: All. Member Dinizio was absent. 12:59 PM Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to reconvene the meeting. Vote of the Board: Ayes: All. Member Dinizio was absent. PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 1:00PM - WILLIAM BOSWELL #6494 - Board Members discussed application and reached a favorable decision. BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to Approve this Application As Apphed. Vote of the Board: Aves: All. This Resolution was duly adopted (4-0). Member Dinizio was absent. 1:06PM - BRIAN GLENN (CV) for WILl,lAM BERGRATH #6492 by Bruce Anderson, SEC Agent; Lucille Sullivan (CV) and William Bergrath, owner; John Peters, Brian Becker, Dennis Swenkowski, neighbors against; and Michael Verity, Chief Building Inspector (to clarify). Request for Variance from Code Sections 280-13 and 280-14, Page 5 - Minutes Regular Meeting held September 1, 2011 Southold Town Zoning Board of Appeals based on an application for building permit to operate a riding academy and keep, breed, raise and train horses, and the Building Inspector's February 14, 2011, Updated June 28, 2011, Notice of Disapproval stating that the proposed use on this parcel in the AC zone is not permitted and exceeds the code permitted number of uses per the Bulk schedule; located at: 1375 Ackerly Pond Lane Southold, NY. SCTM #1000-69-5-7.1. 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 leave the hearing open to accept written comments until 9/15/11, close verbal testimony. Vote of the Board: Aves: All. This Resolution was duly adopted (4-0). Member Dinizio was absent. BRIAN GLENN (CV) for WILLIAM BERGRATH #6493 by Bruce Anderson, SEC Agent; Lucille Sullivan (CV) and William Bergrath, owner; John Peters, Brian Becker, Dennis Swenkowski, neighbors against; and Michae] Verity, Chief Building Inspector (to clarify). Request for Special Exception under Article III, Section 280-13B(12) for equestrian stables and riding academy, located at: 1375 Ackerly Pond Lane Southold, NY. SCTM #1000-69-5-7.1. 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 leave the hearing open to accept written comments until 9/15/11, close verbal testimony. Vote of the Board: Aves: All. This Resolution was duly adopted (4-0). Member Dinizio was absent. 2:27 PM Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to take a short recess. Vote of the Board: Ayes: All. Member Dinizio was absent. 2:30 PM Member Horning left. 2:35 PM Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to reconvene the meeting. Vote of the Board: Ayes: All. Members Dinizio and Horning were absent. PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 2:36PM - FRANK C. GILBERT #6501 by P. Moore, Esq. Request for Variance from Art. XXII, Code Section 280-116 and the Building Inspector's June 8, 2011 Notice of Disapproval based on an application for building permit to construct a deck and as built accessory gazebo at; 1) less than the code required setback of 75 feet from a bulkhead for the proposed deck and as built gazebo, located at: 1095 North Parish Drive (adj. to Peconic Bay) Southold, NY. SCTM #1000-71-1-11. 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 (3-0). Members Dini~o and Horning were absent. 2:49PM BENALI, LLC #6422 (adj. from July 7, 2011) by Steve Kram, owner; Daniel DeVito, neighbor in favor and Joseph Palmenteri, neighbor, against. Request for Variances from Page 6 - Minutes Regular Meeting held September 1, 2011 Southold Town Zoning Board of Appeals 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 #1000790-1- 2. 3:10PM Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to recess for Court Arraignment. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). Members D]nlz]o and Horning were absent. 3:33PM - Motion was offered by Chairperson Weisman, seconded by Member Goehringer to reconvene. Vote of the Board: Aves: All. This Resolution was duly adopted (3-0). Members Dinizio and Horning were absent. 3:33PM - BENALI, LLC #6422 (reconvened). 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 (3-0). Members Dinizio and Horning were absent. 3:42PM - DEBORAH PENNEY #6484 (carry over from 8/4/11) by Eric Bressler, Esq., for applicant; Quintin Franco, Sunation Solar (for applicant); Steve Christiansen, Architect and Robert Barrett for neighbor 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 fi'om 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 close the hearing subiect to receipt of stamped plot plan with adioining homes setbacks from agent and response to Mr. Barrett's letter by 9/2/11. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). Members Dinizio and Homing were absent. 4:00PM - Assistant Town Attorney Andaloro left. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Reminder Confirmation: Chairperson Weisman confirmed the next Special Meeting date for September 15, 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 October 6, 2011 at 9:00 AM. Vote of the Beard: Aves: All. This Resolution was duly adopted (3-0). Members Dinizio and Horning were absent. Page 7 Minutes Regular Meeting held September 1, 2011 Southold Town Zoning Board of Appeals C. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to approve minutes from Special Meeting held August 18, 2011. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). Dinizio and Horning were absent. There being no other business properly coming before the Board at this time, Chairperson declared the meeting adjourned. The meeting was adjourned at 5:02 P.M. Res~ectfuJiv submitted, Vicki Toth ~ //5/2011 Inclu~t~ Reference: Filed ZBA Decisions (1) Leslie Kanes Weisman, Chairperson ~/~011 Approved for Filing Resolution Adopted