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Home My WebLink AboutZBA-02/02/2012 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 I 179 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 $OUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 MINUTES REGULAR MEETING THURSDAY, FEBRUARY 2, 2012 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 February 2, 2012 commencing at 9:00 A.M. Present were: Leslie Kanes Weisman, Chairperson/Member James Dinizio, Member Ken Schneider, Member George Horning, Member (arrived at 9:01 A.M.) (left at 2:19 p.m.) Jennifer Andaloro, Asst. Town Attorney Vicki Toth, ZBA Secretary Gerard P. Goehringer, Vice Chairperson/Member (absent) 9:00 A.M. Chairperson Weisman called the meeting to order. EXECUTIVE SESSION: 9:00 A.M. Motion was offered by Chairperson Weisman seconded by Member Schneider, to enter into Executive Session for the purpose of obtaining advice of Counsel. Vote of the Board: Ayes: All Members Weisman (Chairperson), Schneider and Dinizio. Members Homing and Goehringer absent. 9:01 A.M. Member Horning arrived. 10:05 A.M. Motion was offered by Chairperson Weisman, seconded by Member Horning, to reconvene the meeting. Vote of the Board: Ayes: All. Member Goehringer absent. 10:09 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; Page 2 - Minutes Regular Meeting held February 2, 2012 Southold Town Zoning Board of Appeals A. BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Horning, to declare the following applications that are setback/dimensionaUlot waiver/accessory apartment/bed and breakfast requests as Type II Actions and not subject to environmental review pursuant to State Environmental Quality Review (SEQR) 6 NYCRR, Part 617.5 (c) (3), including the following: JOSEPH and ELIZABETH BRITTMAN #6522 ANTHONY S. CAMPO #6531 DOUGLAS C. and KATHLEEN M. FOLTS #6536 PAUL NADEL #6537 9105 SKUNK LANE, LLC #6538 DAVID M. HALL #6535 LIPA and T-MOBILE NORTHEAST, LLC #6433 NICHOLAS GORGONE #6534 Vote of the Board: All. This resolution was duly adopted. (4-0) Member Goehringer absent. BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Homing declaring no objection to the Southold Town Planning Board as Lead Agency in this Unlisted Action: MGH ENTERPRISES~ INC./NEW CINGULAR WIRELESS, LLC #6533 Vote of the Board: All. This resolution was duly adopted. (4-0) Member Goehringer absent. 10:10 A.M. BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Horning, to Re-Open Application #6440, Joel Friedman calendar March 1, 2012 at ll:30A.M. Vote of the Board: All. This resolution was duly adopted. (4-0) Member Goehringer absent. PUBLIC HEARINGS: The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 10:11 A.M. - JOSEPH and ELIZABETH BRITTMAN #6522 by Joseph Brittman, owner. (adj. from PH 12/1/11, new Notice of Disapproval) Request for Variance from Article III and Article XXII, Code Section 280-15, 280-15F and 280-116B and the Building Inspector's October 3, 2011, Amended December 22, 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., 2) less than the code required principal front yard setback on a waterfront parcel of 40 feet,, 3) less than the code required bulkhead setback of 75 feet, 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 Schneider, to close the hearing reservine decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. Page 3 - Minutes Regular Meeting held February 2, 2012 Southold Town Zoning Board of Appeals 10:25 A.M. - DAVID MOORE #6515 by Amy Martin, agent. (Adjourned from January 5, 2012 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 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 Homing, to close the hearing reserving decision. Vote of the Board: Aves: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 10:34 AM - ANTHONY S. CAMPO #6531 by Mark Schwartz, Architect. Request for Variance from Article XXIII Code Section 280-122, based on an application for building permit and the Building Inspector's April 13, 2011, updated December 2, 2011 Notice of Disapproval concerning 'as built' alterations to existing shed and deck, at 1) nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings, the 'as built' structure has no record of a CO; at: 1165 Fisherman's Beach Rd., (adj. to Cutchogue Harbor) Cutchogue, NY. SCTM#1000-111-1-26 & 25. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Schneider, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 10:45 A.M. Motion was offered by Chairperson Weisman, seconded by Member Homing, to recess. Vote of the Board: Ayes: All. Member Goehringer was absent. 11:00 A.M. Motion was offered by Chairperson Weisman, seconded by Member Schneider, to reconvene the meeting. Vote of the Board: Ayes: All. Member Goehringer 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: 11:01 AM - DOUGLAS C. and KATHLEEN M. FOLTS #6536 by Mark Schwartz, Architect. Request for Variance from Article XXII, Code Section 280-116B and the Building Inspector's December 15, 2011, Notice of Disapproval based on a building permit application to construct addition and alteration to a single family dwelling, at: less than the code required riprap setback of 75 feet, located at: 90 Oak Street (Harbor Lane) (adj. to East Creek a/k/a Eugene's Creek) Cutchogue, NY. SCTM#1000-136-1- Page 4 - Minutes Regular Meeting held February 2, 2012 Southold Town Zoning Board of Appeals 54. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Homing, to close the hearing reserving decision. Vote of the Board: Aves: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 11:08 AM ~ PAUL NADEL #6537 by Mark Schwartz, Architect. Request for Variance from Article IV, Code Section 280-18 and the Building Inspector's December 15, 2011, Notice of Disapproval based on a building permit application to construct a carport addition to a single family dwelling, at: 1) side yard setback less than the code required 15 feet, located at: 220 Broadwaters Road (adj. Broadwaters Cove) Cutchogue, NY. SCTM#1000-104-10-7. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Homing, to close the hearin~ reserving decision, subject to receipt of a revised site plan notin~ exact side yard setback of proposed carport and location of neighbor's house to the west, from the Architect. Vote of the Board: Aves: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 11:30 AM - 9105 Skunk Lane, LLC #6538 by Mark Schwartz, Architect. (Board to consider adjourning to new date, revised notice of disapproval received 1/19/12, need to re-notice/post)Request for Variance from Article III Code Section 280~13(C)4(b) and Article XXII 280-105A, and the Building Inspector's December 20, 2011 Notice of Disapproval based on an application for building permit to build a tennis court with fence surround on a vacant lot, at: 1) use of a tennis court is not permitted on a vacant lot (without a principal dwelling), 2) tennis court fence at more than the code required maximum height of 4 feet in a front yard, located at: 9105 Skunk Lane (adj. to Little Creek, dredged canal) Cutchogue, NY. SCTM#1000-104-3-18.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Homing, to adiourn the hearin~ to March 1. 2012 at 1:00 P.M. Vote of the Board: Aves: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 11:33 A.M. Motion was offered by Chairperson Weisman, seconded by Member Horning, to recess. Vote of the Board: Ayes: All. Member Goehringer was absent. 11:48 A.M. Motion was offered by Chairperson Weisman, seconded by Member Schneider, to reconvene the meeting. Vote of the Board: Ayes: All. Member Goehringer 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: 11:49 AM - DAVID M. HALL #6535 by Frank Notaro, agent, David Hall, owner and Catherine Hart, neighbor with concerns re: drainage. Request for Variance from Article III Code Section 280-15 and 15(C) and the Building Inspector's November 29, 2011 Notice of Disapproval based on an application for building permit for an Page 5 - Minutes Regular Meeting held February 2, 2012 Southold Town Zoning Board of Appeals accessory in-ground swimming pool and accessory garage; 1) accessories are proposed in other than the code required rear yard, 2) proposed accessory garage at more than the code required maximum square footage of 750 sq. ft. on lots 20,000-60,000 sq. ft., located at: 1800 Westphalia Road Mattituck, NY SCTM#1000-114-7-12.3. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Schneider, to adiourn the hearing to March 1, 2012 at 1:00 P.M., subiect to receipt of an amended site plan to show on-site drainage. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 12:22 P.M. Motion was offered by Chairperson Weisman, seconded by Member Horning, to recess. Vote of the Board: Ayes: All. Member Goehringer was absent. 1:05 P.M. Motion was offered by Chairperson Weisman, seconded by Member Horning, to reconvene the meeting. Vote of the Board: Ayes: All. Member Goehringer was absent. PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each apphcation and reading of the Legal Notice as published: 1:05 PM - LIPA and T-MOBILE NORTHEAST, LLC #6433 by John Coughlin, agent, Neil McDonald, architect, Michael Lynch, NYS Licensed Real Estate Appraiser, Dave Collins, FCC Compliance expert, Raymond McKelvey, coverage maps and DonnaMarie Stipo, DMS Consulting Service. Request for Variances from Article XVII Code Section 280-70J, based on an application for building permit to upgrade and maintain a wireless telecommunication facility and the Building Inspector's September 3, 2010, amended October 12, 2010, updated June 10, 2011 Notice of Disapproval concerning proposed antenna support structures at; 1) more than the maximum code required height of 45 feet, 2) location of mounted antenna not located in the code required interior, 3) less than the code required distance to adjacent residential property line of 500 feet. Location: 69685 Route 25 and (Chapel Lane), Greenport, NY. SCTM#1000- 45-1-14.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Schneider, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adooted (4-0). Member Goehringer was absent. 1:30 PM - MGH ENTERPRISES, INC./NEW CINGULAR WIRELESS, LLC #6533 by Lawrence Re, agent, Neil McDonald, Architect, Ginny Watrall, Sr. Technical Advisor, Stefan Guillebert, Dave Collins, FCC Compliance expert, Michael Lynch, NYS Licensed real Estate Appraiser and Norman Elsky, neighbor with concerns of property value. Request for Variances from Article XVII Code Section 280-70i(3) and Article XIII Section 280-56 (Bulk Schedule), based on an application for building permit to install a wireless telecommunication tower and equipment and the Building Inspector's October 17, 2011, amended November 9, 2011 Notice of Disapproval at; 1) less than the code required distance to adjacent residential property line of 500 feet, 2) less than the code required side yard setback of 25 feet, located at: 40200 Main Road (adj. to Gardiners Bay) Orient, NY. SCTM#1000-15-9-8.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Page 6 - Minutes Regular Meeting held February 2, 2012 Southold Town Zoning Board of Appeals Chairperson Weisman, seconded by Member Schneider, to close the hearing reserving decision, subiect to receipt of a letter from New York State regarding no objection to location of the cell tower near a state park, from the agent. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). Members Goehringer and Horning were absent. 2:19 P.M. Member Horning left. 2:40 P.M. Motion was offered by Chairperson Weisman, seconded by Member Dinizio, to recess. Vote of the Board: Ayes: All. Members Goehringer and Horning were absent. 2:26 P.M. Motion was offered by Chairperson Weisman, seconded by Member Schneider, to reconvene the meeting. Vote of the Board: Ayes: All. Members Goehringer 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: 2:46 PM - NICHOLAS GORGONE #6534 by Nicholas Planamento, agent, Nicholas Gorgone, owner, Peggy VanGordon, for buyers, Richard Symthe, potential buyer, Kevin and Kathleen Montgomery, adjoining neighbor against, Request for Variance from Article III Section 280- 15 and Article XXIII Section 280-124 and the Building Inspector's November 18, 2011 Notice of Disapproval based on an application for building permit for an accessory in-ground swimming pool at: 1) location other than the code required rear yard, 2) lot coverage more than the code required 20% maximum, located at: 825 Smith Drive South, (Terry Place) Southold, NY. SCTM#1000-76-2-30.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Schneider, to close the hearing reserving decision, subject to receipt of information regarding lot coverage of surrounding properties, from the agent. Vote of the Board: Aves: All. This Resolution was duly adopted (3- 0). Members Goehringer and Homing were absent. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Reminder: The Chairperson confirmed the next Special Meeting on Wednesday February 15, 2012 at 5:00PM. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Goehringer to set the next Regular Meeting with Public Hearings to be held March 1, 2012 at 8:30 A.M. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). Members Goehrinaer and Hornina were absent RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to approve minutes from Special Meeting held January 19, 2012. Vote of the Board: Aves: All. This Resolution was duly adopted (3-0). Members Goehringer and Horning were absent. Page 7 - Minutes Regular Meeting held February 2, 2012 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 3:56 P.M. Respectf~t~ ed, Included by Reference: Filed ZBA Decisions (0) Leslie Kanes Weisman, Chairperson Approved for Filing Resolution Adopted R~CEIV~D ~JA'~ 2012 SouthOtd Town Clerk