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Home My WebLink AboutZBA-12/01/2011 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, DECEMBER 1, 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 December 1, 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 at 1:42 p.m.) Jennifer Andaloro, Asst. Town Attorney Vicki Toth, ZBA Secretary 8:37 A.M. Chairperson Weisman called the meeting to order. EXECUTIVE SESSION: 8:38 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. 10:04 A.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to reconvene the meeting. Vote of the Board: Ayes: 10:11 A.M. Chairperson Weisman called the public hearings to order starting 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 following Declarations with No Adverse Page 2 - Minutes Regular Meeting held December 1, 2011 Southold Town Zoning Board of Appeals Effect for the following projects as applied: Type II Actions (No further steps- setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests): PATRICK and DIANE KELLY #6519 BARBARA J. DAVY and ELIZABETH J. FARRELL #6523 MATTHEW J. BURGER # 6518 EVE WINSTON #6520 JOSEPH and ELIZABETH BRITTMAN #6522 TK ALPHA, LLC. #6521 RICHARD G. and NORMA M. MOELLER #6524 HERNAN MICHAEL OTANO #6525 Vote of the Board: Ayes: All. This resolution was duly adopted. PUBLIC HEARINGS: The following pubhc hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published 10:13 AM - DAVID MOORE #6515 - Amy Martin, Agent. (Adjourned from November 3ra Public Hearing) 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 dwelhng and accessory hot tub at; 1) 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 adjourn the hearing to January 5, 2012 at 10:30 a.m. subiect to receipt of revised plan showing bluff setback of house, deck & proposed deck and erosion control plan. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:32 A.M. - PATRICK and DIANE KELLY #6519 by Fred Weber, Architect. Request for Variances from Article XXIII Section 280-124 and Article III Section 280-14 and the Building Inspector's October 17, 2011 Notice of Disapproval based on an application for building permit to construct additions and alterations to an existing dwelling at: 1) less than the code-required minimum side yard setback of 15 feet; 2) less than the code required combined side yard setbacks of 35 feet; 3) more than the code required number of stories of two and a half, located at: 215 Harbor Lights Drive (adj. to a canaI), Southold, NY. SCTM #1000.71-2-6. 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 adiourn the hearing to January 5, 2012 at 10:45 a.m., subiect to receipt of revised plans. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 3 - Minutes Regular Meeting held December 1, 2011 Southold Town Zoning Board of Appeals 10:50 A.M. Member Goehringer left the room. 10:52 A.M. Member Goehringer returned. 10:52 A. M. ~ BARBARA J. DAVY and ELIZABETH J. FARRELL #6523 by Barbara J. Davy, owner. Request for Variance from Article XXII Code Section 280-105 and the Building Inspector's October 21, 2011 Notice of Disapproval based on an application for an "as built" fence, at; 1) more than the code required maximum height of four (4) feet when located in the front yard, located at: 620 (aka 200) West Street (corner Madison Avenue), Greenport, NY. SCTM #1000-42-1-2. 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 close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:13 AM Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to take a short recess. Vote of the Board: Ayes: All. 11:17 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: 11:17 A. M. - MATTHEW J. BURGER # 6518 by Matthew Burger, owner and Fred Weber, Architect; Thomas Cottrell, neighbor against. Request for Variance from Article XXIII Code Section 280-124 and the Building Inspector's August 19, 2011 Notice of Disapproval based on an application for a building permit to a garage addition to existing single family dwelling at; 1) front yard setback of less than the code required 35 feet, located at: 1600 Pine Tree Road, (corner Pine Tree Road) Cutchogue, NY. SCTM #1000-98-1-19. 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 reservin~ decision subie~t to receipt of amended site plan, survey, and architectural drawings. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). 11:33 A.M. - EVE WINSTON #6520 by Scott Stay, Agent. Request for Variance from Art. III Code Section 280-14 and the Building Inspector's October 19, 2011 Notice of Disapproval based on an application for building permit for a minor subdivision at; 1) lot size less than the code required 80,000 sq. ft. per Bulk schedule in AC District, located at: 3450 Private Road #13 (adj. to Long Island Sound), Mattituck, NY. SCTM #1000-105-1-4. 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 subiect to receipt of subdivision site plan known as Fie]ds at Mattituck; copies of correspondence from Planning Board re: original approval of proposed subdivision and the rescinding of original approval requiring 25 ft R-O-W; copy of correspondence from Town Engineer; site plan showing lot square footage with 15 ft R-O-W. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). Page 4 - Minutes Regular Meeting held December 1, 2011 Southold Town Zoning Board of Appeals 11:57 A.M. - JOSEPH and ELIZABETH BRITTMAN #6522 by Joseph Brittman, owner. Request for Variance from Article III, Code Section 280-15 and the Building Inspector's October 3, 2011, Notice of Disapproval based on a building permit application to construct 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: 80 Glenn Road (Main Bayview Road) Southold, NY. SCTM #1000-78-2-11.3. 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 adiourn the hearing to January 5. 2012 at 10:30 a.m. pending DEC meeting and comments from Trustees. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). 12:13 P.M. o RICHARD G. and NORMA M. MOELLER #6524 by Peter Jespersen, Agent and Albert Jespersen, relative in favor. Request for Variances from Art. XXII Section 280-116A(1) and Article XXIII Section 280-124 and the Building Inspector's November 1, 2011 Notice of Disapproval based on an application for building permit for as built deck addition, at; 1) less than code required 100 foot setback from top of bluff, 2) less than the code required side yard setback of 10 feet, located at: 1155 Aquaview Avenue (adj. to Long Island Sound) East Marion, NY. SCTM #1000-21-2-15. 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). 12:38 PM Motion was offered by Chairperson Weisman, seconded by Member Schneider, to take a short recess. Vote of the Board: Ayes: All. 1:12 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: 1:13 P.M. - TK ALPHA, LLC. #6521 by Edward Broidy, partner/owner. Request for Variance from Article X Code Section 280-46 (Bulk Schedule) and the Building Inspector's October 31, 2011 Notice of Disapproval based on an apphcation for building permit to construct new commercial building at; 1) 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. 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 duiv adopted (5-0). RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Reminder: The Chairperson confirmed the next Special Meeting date of December 15, 2011 at 5:00PM. Page 5 - Minutes Regular Meeting held December 1,2011 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 January 5, 2012 at 9:00 AM Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). AMENDED RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Goehringer to set the next Regular Meeting with Public Hearings to be held January 5, 2012 at 8:30 AM. Vote of the Board: Ayes: Ail. This Resolution was duly adopted (5-0). RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to approve minutes from Regular Meeting held November 17, 2011. Vote of the Board: Aves: All. Member Schneider was absent. This Resolution was duly adopted (5-0). RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to accepted Amended Minutes of the November 3, 2011 Regular Meeting for minor corrections of times. Vote of the Board: Ayes: All. Member Schneider was absent. This Resolution was duly adopted (5-0). PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each apphcation and reading of the Legal Notice as published: 1:30 P.M. - HERNAN MICHAEL OTANO #6525 by Amy Martin, agent for owner and Patricia Moore, Attorney for applicant. Request for Variances from Article Y, XIII Code Section 280-123, Article XXII Section 280-116 and the Building Inspector's October 14, 2011, amended October 18, 2011 Notice of Disapproval based on an application for building permit for demolition and construction of a new dwelling 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 bulkhead setback of 75 feet, located at: #5 Breezy Shores Comm. Inc., Sage Blvd. (adj. to Shelter Island Sound) Greenport, NY. SCTM #1000-53-5-12.6. BOARD RESOLUTION: (Please see transcrlpt 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 January 5, 2012 at 1:00 p.m. per letter of applicant dated 11/29/11. Vote of the Board: Aves: Ail. This Resolution was duly adopted (5-0). 1:42 P.M. Member Horning left. RESOLUTIONS/UPDATED REVIEWS/OTHER: F. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to support Re-Appointment of Member Homing. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Page 6 - Minutes Regular Meeting held December 1, 2011 Southold Town Zoning Board of Appeals There being no other business properly coming before the Board at this time, Chairperson declared the meeting adjourned. The meeting was adjourned at 1:46 P.M. Respectfully submitted, VickiToth / /2011 Included by Reference: Filed ZBA Decisions (0) Leslie Kanes Weisman, Chairperson/2-J/~2011 Approved for Filing Resolution Adopted / $outlfbld Towh Clerk