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Home My WebLink AboutZBA-11/03/2011 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard E 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, NOVEMBER 3, 2011 R£C .IYF. D . , 2 2011 Southold 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 November 3, 2011 commencing at 8:00 A.M. Present were: Leslie Kanes Weisman, Chairperson/Member Gerard P. Goehringer, Vice Chairperson/Member James Dinizio, Member George Horning, Member (left at 2:10 p.m.) Jennifer Andaloro, Asst. Town Attorney (8:45 a.m. arrival) Vicki Toth, ZBA Secretary Absent: Ken Schneider, Member 8:05 A.M. Chairperson Weisman called the meeting to order. The Board proceeded with the first item on the Agenda as follows: DELIBERATIONS/DECISIONS/RESOLUTIONS OR OTHER The Board continued with agenda items, and commenced deliberations on the following applications. The original determinations of each of the following applications as decided are filed with the Southold Town Clerk: Approved with Conditions: METRO PCS NEW YORK, LLC (Baxter/Goeller, owners) #6507 SUSAN M. DUNNING #6506 KENNETH SEIFERTH #6504 PHILIP and JENNIFER STANTON #6508 NICHOLAS CUTRONE #6496 Approved as Applied: HIRAM F. MOODY, JR. and SARAH R. GOULARD #6497 Page 2 - Minutes Regular Meeting held November 3, 2011 Southold Town Zoning Board of Appeals THOMAS R. and WEND¥ L. CARLEY #6502 Denied: JOHN J. and JOY E. GALLAGHER #6505 EXECUTIVE SESSION: 8:48 A.M. Motion was offered by Chairperson Weisman seconded by Member Horning, to enter into Executive Session for the purpose of obtaining advice of Counsel. Vote of the Board: Ayes: All. Member Schneider absent. 9:56 A.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to reconvene the meeting. Vote of the Board: Ayes: All. Member Schneider absent. 10:09 A.M. Chairperson Weisman called the public hearings to order starting with the pledge of allegiance. STATE ENVIRONMENTAL QUALITY REVIEWS; A. BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to declare the following Declarations 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): JOAN BERGLUND #6479 JOAN BERGLUND #6511 DAVID MOORE #6515 KENNETH HEIDT #6516 BARBARA TERRELL #6513 MICHAEL and CORRINE SLADE #6510 MARTIN KOSMYNKA (KOS~ LLC) #6514 PATRICK TREANOR #6512 CATHRI N STI CKNEY #6517 Vote of the Board: All. Member Schneider absent. 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 10:10 AM - JOAN BERGLUND #6479 by Patricia Moore, Esq., Nora Conant, neighbor for clarification. 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; 75 Edwards Lane (aka 25605 Main Road) Orient, NY. SCTM#1000-18-3-14. 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 Page 3 - Minutes Regular Meeting held November 3, 2011 Southold Town Zoning Board of Appeals hearing reserving decision. Vote of the Board: Aves: All. Member Schneider absent. This Resolution was duly adopted (4-0). 10:10 AM - JOAN BERGLUND #6511 by Patricia Moore, Esq., Nora Conant, neighbor for clarification. Request for Variance from Article III, Code Section 280-13C and 280- 15, based on an application for building permit and the Building Inspector's June 20, 2011 Notice of Disapproval, concerning "as built" art studio; 1) "as built" construction of an art studio is not a permitted use, 2) less than the code required rear yard setback of 20 feet, located at: 75 Edwards Lane (aka 25605 Main Road) Orient, NY. SCTM#1000-18-3-14 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. Member Schneider was absent. This Resolution was duly adopted (4-0). 10:34 AM Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to take a short recess. Vote of the Board: Ayes: All. Member Schneider absent. 10:50 AM Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to reconvene the meeting. Vote of the Board: Ayes: All. Member Schneider absent. PUBLIC HEARINGS (continued): The following pubhc hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 10:50 AM - DAVID MOORE #6515 by Amy Martin, agent. Request for Variances from Art. XXII Code Section 280-116A(1), Art. XXIII Section 280-124 and Art. III Section 280-15 and the Building Inspector's June 17, 2011, updated September 16, 2011, amended October 4, 2011 Notice of Disapproval based on a building permit application for "as built" additions and alterations to existing single family dwelling and accessory hot tub at; l) at less than the code required setback of 100 feet from the top of bluff, 2) more than the code required maximum lot coverage of 20%, 3) accessory structure located in other than the code required rear yard or front yard on waterfront properties, located at: 21075 Soundview Avenue (adj. to Long Island Sound) Southold, NY. SCTM#1000-51-4-17. 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 adiourn the hearin~ to December 1, 2011 at 10:00 a.m., also subiect to receipt of revised survey showing bluff setback & lot coverage with the smaller deck and erosion control & drvwells. Vote of the Board: Aves: All. Member Schneider was absent. This Resolution was duiv adopted (4-0). 11:16 AM - KENNETH HEIDT#6516 by Garrett Strang, agent, Tom Carey, relative. Request for Variances fi'om Code Article XXII Section 280-116 and Article XXIII Section 280-124 and the Building Inspector's September 21, 2011 Notice of Disapproval based on an application for building permit for demolition and construction of a new single family dwelling at: 1) less than the code required setback of 75 feet from a bulkhead, 2) less than the code required single side yard setback of 15 feet, 3) less than the code required combined side yard setback of 35 feet, located at: 8530 Peconic Bay Blvd., (adj. to Great Peconic Bay) Laurel, NY. SCTM#1000-126-11- Page 4 Minutes Regular Meeting held November 3, 2011 Southold Town Zoning Board of Appeals 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, also subiect to receipt of new site plan showing 10 foot side yard. Vote of the Board: Ayes: All. Member Schneider was absent. This Resolution was duly adopted (4-0). 11:44 AM - BARBARA TERRELL ~t6513 by Barbara Terrell, owner. Request for Variance from Article XXIII Code Section 280-124 and the Building Inspector's August 2, 2011 Notice of Disapproval based on a building permit application for construction of a porch addition and "as built" deck addition to existing single family 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, at: 2630 Gillette Drive East Marion, NY. SCTM#1000-38- 2-27 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. Member Schneider was absent. This Resolution was duly adopted (4-0). 11:50 AM - MICHAEL and CORRINE SLADE #6510 by Nancy Steelman, agent and Michael Slade, owner. Request for Variance from Code Article XXIII Section 280-124 and Article XXII section 280-116 and the Building Inspector's August 11, 2011 Notice of Disapproval based on an application for building permit for additions and alterations to an existing single family dwelling at: 1) less than the code required rear yard setback of 50 feet, 2) less than the code required setback of 75 feet from a bulkhead, located at: 1435 West Road (adj. to Wickham Creek), Cutchogue, NY. SCTM#1000-110-7-26. 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. Member Schneider was absent. This Resolution was duly adopted (4-0). 12:13 PM Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to take a recess. Vote of the Board: Ayes: All. Member Schneider absent. 1:02 PM Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to reconvene the meeting. Vote of the Board: Ayes: All. Member Schneider absent. PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 1:02 P.M. - TAUBIN FAMILY TRUST (ORR) #6509 by Patricia Moore, Esq. agent and Amy Orr, owner/Trustee and Patricia Conklin Building Permit Examiner and Mark Terry LWRP Coordinator, (Adj. from 10/6/11) Request for Variance from Article XXIII Code Section 280-123 and the Building Inspector's August 16, 2011 Notice of Disapproval based on an application for building permit for as built non-conforming building at; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use, 2) less than the code required side yard setback of 15 feet, located at: 625 Terry Lane (adj. to Southold Bay) Southold, NY. SCTM#1000-65-1-23 BOARD Page 5 - Minutes Regular Meeting held November 3, 2011 Southold Town Zoning Board of Appeals 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. Member Schneider was absent. This Resolution was duly adopted (4- 2:11 PM - MARTIN KOSMYNKA (KOS~ LLC) #6514 by Martin Kosmynka, owner. Request for Variance from Art. XV, Section 280-63, (bulk area and parking regulations) and the Building Inspector's September 7, 2011 Notice of Disapproval based on a building permit application to construct a carport at; 1) less than the minimum front yard setback of 100 feet, 2) more than the maximum lot coverage of 30%, located at: 50 Commerce Drive Cutchogue, NY. SCTM#1000-96-1-1.4 BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testinmny, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: Ayes: All. Members Schneider and Hornlng were absent. This Resolution was duly adopted (3-0). 1:50 PM - PATRICK TREANOR #6512 by Tor Torkelsen, agent. Request for Variance from Article III Section 280-14 and the Building Inspector's April 21, 2011 updated September 7, 2011 Notice of Disapproval based on an application for building permit for construction of a third story "as built" to an existing dwelling at: 1) more than the code required number of stories of 2 and 1/2, located at: 2055 Grandview Drive Orient, NY. SCTM#1000-14-2-3.20 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 hearing reserving decision, also subject to receipt of revised floor plan showing third floor office space~ sitting area and removal of bathroom. Vote of the Board: Aves: All. Members Schneider and Homing were absent. This Resolution was duly adopted (3-0). 2:27 P.M. - CATHRIN STICKNEY #6517 - Request for Variance from Article III, Code Section 280-15, and the Building Inspector's August 2, 2011, revised October 3, 2011 Notice of Disapproval, based on a building permit application to construct a second story deck addition to an accessory garage, at: 1) more than the code required maximum square footage of 750 sq. ft. on lots 20,000-60,000 sq. ft., located at: 1050 North Hyatt Road Southold, NY. SCTM#1000-50-1-13.1 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: Ayes: All. Members Schneider and Horning were absent. This Resolution was duly adopted (3-0). RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Reminder: Special Meeting date November 17, 2011 at 5:00PM. Page 6 - Minutes Regular Meeting held November 3, 2011 Southold Town Zoning Board of Appeals RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Goehringer to set the next Regular Meeting with Public Hearings to be held December 1, 2011 at 8:30 AM Vote of the Board: Aves: All. Member Schneider was absent. This Resolution was duly adopted (4-0). Reminder: Code of Conduct discussion/Executive Session for December1, 2011 8:30 a.m. - 9:30 a.m. Regular Meeting. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to approve minutes from Regular Meeting held October 6, 2011. Vote of the Board: Ayes: All. Member Schneider was absent. This Resolution was duly adopted (4-0). There being no other business properly coming before the Board at this time, Chairperson declared the meeting adjourned. The meeting was adjourned at 2:47 P.M. Respectfully submitted, VickiToth i~/[ /2011 Include~d by Reference: Fi?d ZBA Decisions (8) Leslie Kanes Weis'--- man, Chairperson J2-4//2011 Approved for Filing Resolution Adopted ~ REC IVED , Southold Town Clerk