HomeMy WebLinkAboutZBA-01/05/2012 BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
James Dinizio, Jn
Gerard R 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, JANUARY 5, 2012
R£C VED
· ? 2012
$outhold 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 January 5, 2012 commencing at 8:30 A.M.
Present were:
Leslie Kanes Weisman, Chairperson/Member
Gerard P. Goehringer, Vice Chairperson/Member
James Dinizio, Member (arrived 8:41 a.m.)
Ken Schneider, Member
George Horning, Member (left at 2:20 p.m.)
Jennifer Andaloro, Asst. Town Attorney
Vicki Toth, ZBA Secretary
8:36 A.M. Chairperson Weisman called the meeting to order.
WORK SESSION:
8:39 A.M. Motion was offered by Chairperson Weisman seconded by Member Goehringer, to
enter into Work Session for the purpose of:
General Discussion:
a. In House Training for Board Members in 2012.
b. Distribution of Updated Templates for Draft Decisions.
c. Review of Special Exception Permits granted in 2011 and 2010
d. Distribution of Department Head Reports to Board Members.
Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dinizio was
absent.
Member Dinizio arrived 8:41 a.m.
Page 2 - Minutes
Regular Meeting held January 5, 2012
Southold Town Zoning Board of Appeals
9:40 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. This Resolution was duly adopted (5-0).
10:02 A.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to
exit Executive Session and reconvene the meeting. Vote of the Board: Ayes: All. This
Resolution was duly adopted (5-0).
10:06 A.M. Chairperson Weisman called the public hearings to order.
The Board proceeded with the first item on the Agenda as follows:
STATE ENVIRONMENTAL QUALITY REVIEWS;
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:
Tvoe II Actions (No further steps- setback/dimensiona~ot waiver/accessory
apartment/bed and breakfast requests):
BRUCE and ELIZABETH and DONNA COLLURA #6527
DOROTHY and STEFAN KOTYLAK #6529
THRESHOLD BLUE, LLC (Soar]ding Pointe) #6526
LOUIS and ELIZABETH MASTRO # 6530
MELANIE M., MARIANNE, MICHAEL SELWYN. as tenants in common and
JANE GOLDEN #6528
NELSON FAMILY #6532
Vote of the Board: All. This resolution was duly adopted. (5-0)
PUBLIC HEARINGS: The following pubhc hearings were held, with Chairperson Weisman
introducing each application and reading of the Legal Notice as published:
10:06 A.M. - JOSEPH and ELIZABETH BRITTMAN #6522 - (Carry over from PH
12/1/11) (Board to reschedule due to amended Notice of Disapproval). 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 adjourn the hearing to February 2, 2012 at 10:00 a.m. for re-
advertisement due to Amended Notice of Disapproval. Vote of the Board: Aves: All.
This Resolution was duly adopted (5-0).
Page 3 - Minutes
Regular Meeting held January 5, 2012
Southold Town Zoning Board of Appeals
CARRYOVER DELIBERATIONS and/or POSSIBLE DECISION:
The Board commenced deliberations on the following application. The original determinations
of each of the following applications as decided are filed with the Southold Town Clerk:
APPROVED WITH CONDITIONS:
RICHARD G. and NORMA M. MOELLER #6524
Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson
Weisman introducing each application and reading of the Legal Notice as published:
10:30 A.M. - DAVID MOORE #6515 - (Carry over from PH 12/1/11) (Board to consider
letter dated 1/4/12 from agent requesting an adjournment). 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; 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 adiourn the
hearing to February 2, 2012 at 10:15 a.m. as requested in letter dated January 4. 2012
from agent. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0].
10:52 A.M.- PATRICK and DIANE KELLY #6519 by Fred Weber, Architect. (Carry
over from PH 12/1/11). 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 canal), 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 close the hearing reserving decision.
Vote of the Board: Aves: All. This Resolution was duly adopted (5-0).
11:03 AM Motion was offered by Member Goehringer, seconded by Member Horning,
to take a short recess. Vote of the Board: Ayes: All.
Page 4 - Minutes
Regular Meeting held January 5, 2012
Southold Town Zoning Board of Appeals
11:10 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:
11:10 A.M. - BRUCE and ELIZABETH and DONNA COLLURA #6527 by Donna
Collura, Elizabeth Collura and Donald Hohn, neighbor in favor. Request for Variance
from Article XXIII Section 280-124 and the Building Inspector's November 4, 2011
Notice of Disapproval based on an application for building permit for a deck addition to
a single family dwelling at: 1) less than the code required rear yard setback of 35 feet,
located at: 170 Manor Road, (corner Gillette Drive and East Gillette Drive) East
Marion, NY. SCTM #1000-38-3-1. 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).
11:26 A.M. - DOROTHY and STEFAN KOTYLAK #6529 by Stefan Kotylak, owner and
Doug McGann, Contractor. Request for Variance from Article III, Code Section 280-15,
and the Building Inspector's November 16, 2011 Notice of Disapproval, based on a
building permit application to construct an addition to an accessory garage, at: 1) more
than the code required maximum square footage of 660 sq. ft. on lots up to 20,000 sq.
ft., located at: 280 Pine Wood Road, Cutchogue, NY. SCTM #1000-110-2-15. 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).
11:44 A.M. - THRESHOLD BLUE, LLC (Sparkling Pointe) #6526 by Nancy Steelman,
Agent and Steve Mudd, neighbor. Request for Variances from Article XV Code Section
280-63 (Bulk Schedule) and the Building Inspector's October 21, 2011 Notice of
Disapproval based on an application for building permit to construct new commercial
warehouse at; 1) less than the code required minimum side yard setback of 20 feet, 2)
less than the code required minimum combined side yard setback of 40 feet located at:
1270 County Road 48 (aka North Road), Southold, NY SCTM #1000-6973-3.
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 subject to
receipt of amended plan showing reduction in building width bv two feet per Planning
Board comments; increased easterly prooertv hne setback and single and separate
search. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0).
12:01 PM Motion was offered by Chairperson Weisman, seconded by Member
Goehringer, to recess. Vote of the Board: Ayes: AlL
1:02 PM Motion was offered by Chairperson Weisman, seconded by Member
Goehringer, to reconvene the meeting. Vote of the Board: Ayes: AlL
Page 5 - Minutes
Regular Meeting held January 5, 2012
Southold Town Zoning Board of Appeals
PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson
Weisman introducing each apphcation and reading of the Legal Notice as published:
1:03 P.M. - HERNAN MICHAEL OTANO #6525 by P. Moore, Esq., agent; Hernan
Otano, cottage owner; Ms. Machi, Director; Board of Co-Op; Donald Wilson and Helen
Szraka Co-Op Members; Michael Cohen, Attorney for Breezy Shores and P. Conkhn,
Building Department. (Adjourned from PH 12/1/11) Request for Variances from Article
XXIII 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.
1:15 P.M. Motion was offered by Member Goehringer seconded by Member Dinlzio, to
enter into Executive Session for the purpose of obtaining advice of Counsel. Vote of the
Board: Ayes: All. This Resolution was dnlv adooted (5-0).
1:26 P.M. Motion was offered by Chairperson Weisman, seconded by Member
Goehringer, to exit Executive Session and reconvene the meeting. Vote of the Board:
Ayes: All. This Resolution was duly adooted (5-0).
1:26 P.M. HERNAN MICHAEL OTANO #6525 (continued): 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 March 1, 2012 at 10:00 a.m. Vote of the
Board: Aves: All. This Resolution was duly adooted (4-0). Member Homing was
absent.
2:20 P.M. Member Horning left.
2:40 P.M. - LOUIS and ELIZABETH MASTRO # 6530 by Elizabeth and Louis, Mastro,
owners. Request for Variances from Articles XXII and XXIII Code Sections 280-116(B)
and 280-124, based on an apphcation for building permit and the Building Inspector's
November 23, 2011 Notice of Disapproval concerning proposed demohtion and
construction of a new single family dwelling, at; 1) less than the code required
bulkhead setback of 75 feet, 2) less than the code required minimum side yard setback
of 10 feet, 3) less than the code required total combined side yards of 25 feet, 4) less
than the code required rear yard setback of 35 feet, at: 1595 Bayview Avenue, (adj. to
Arshamomque Harbor) Southold, NY. SCTM #1000-52-5-9. 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 March 1, 2012 at 11:00 a.m., subject to
Page 6 - Minutes
Regular Meeting held January 5, 2012
Southold Town Zoning Board of Appeals
receipt of Structural Analysis from Architect. Vote of the Board: Ayes: All. This
Resolution was duly adopted (4-0). Member Horning was absent.
ARRAIGNMENT:
2:59 PM Motion was offered by Chairperson Weisman, seconded by Member
Goehringer, to recess for court arraignment. Vote of the Board: Ayes: All.
3:38 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:
3:39 P.M. - MELANIE M., MARIANNE, MICHAEL SELWYN, as tenants in common
and JANE GOLDEN #6528 by P. Moore, Esq., agent. Request for Variance under
Article IV Section 280-18 and the Building Inspector's May 24, 2011, updated
November 22, 2011 Notice of Disapproval based on an apphcation for building permit
for a subdivision, at: Proposed Lot 1; 1) less than the code required minimum lot size of
40,000 sq. ft., 2) less than the code required lot width of 150 linear ft., 3) less than the
code required lot depth of 175 linear feet; Proposed Lot 2; 1) at less than the code
required minimum lot size of 40,000 sq. ft., 2) less than the code required lot width of
150 linear ft., 3) less than the code required lot depth of 175 linear feet; located at: 200
and 150 Three Waters Road, Orient, NY. SCTM #'s 1000- 15-6-28 & 29. 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 Homing was absent.
3:54 P.M. - NELSON FAMILY #6532 by Amy Martin, agent and Bob Nelson, Trustee
of property. Request for Variances from Articles XXIII and XXII Code Sections 280-
124 and 280.116(B), based on an apphcation for building permit and the Building
Inspector's November 20, 2011 Notice of Disapproval concerning proposed deck
addition to existing single family dwelling, at; 1) less than the code required minimum
side yard setback of 10 feet, 2) more than the maximum code required lot coverage of
20%, 3) less than the code required bulkhead setback of 75 feet, located at: 2955 Bay
Shore Road (adj. to Peconic Bay), Greenport, NY. SCTM #1000-53-6-5. 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
receiot of adjoining neighbors Bulkhead setbacks from Agent. Vote of the Board: Aves:
All. This Resolution was duly adopted (4-0). Member Homing was absent.
RESOLUTIONS/UPDATED REVIEWS/OTHER:
A. Reminder: The Chairperson confirmed the next Special Meeting date of January
19, 2012 at 5:00PM.
Page 7 - Minutes
Regular Meeting held January 5, 2012
Southold Town Zoning Board of Appeals
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 February 2, 2012 at 9:00 AM Vote of the Board: Aves: All. This Resolution
was duly adopted (4-0). Member Homing was absent
C. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded
by Member Goehringer, to approve minutes from Special Meeting held December
15, 2011. Vote of the Board: Aves: All. This Resolution was duly adopted (4-0).
Member Homing was absent.
There being no other business properly coming before the Board at this time,
Chairperson declared the meeting adjourned. The meeting was adjourned at 4:12 P.M.
Respectfully s~
Vicki Toth ! //~/2012
Inclu~e.~fl by Reference: Filed ZBA Decisions (1)
Leslie Kanes Weisman, Chairperson///~J2012
Approved for Fihng Resolution Adop~eff/
j, N 2 3 2012