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Home My WebLink AboutZBA-03/01/2012 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.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 MINUTES REGULAR MEETING THURSDAY, MARCH 1, 2012 RECEIV£D $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 March 1, 2012 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 Homing, Member (left at 2:20 p.m.) Jennifer Andaloro, Asst. Town Attorney Vicki Toth, ZBA Secretary 8:30 A.M. Chairperson Weisman called the meeting to order. 8:30 A.M. Motion was offered by Chairperson Weisman seconded by Member Dinizio, to enter into Executive Session for Attorney/Client advice. Vote of the Board: Aves: All. This Resolution was duly adonted (3-0). Members Goehringer and Homing were out of the room. 8:35 A.M. Member Horning returned to the room. 8:36 A.M. Member Goehringer returned to the room. RESOLUTION ADOPTED: Motion was offered by Member Dinizio seconded by Member Horning to rescind motion to re-open ZBA #6440 (Friedman) hearing scheduled for April 5, 2012. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-1). 10:05 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). 10:10 A.M. Chairperson Weisman called the public hearings to order with the Pledge of Allegiance. Page 2 - Minutes Regular Meeting held March 1, 2012 Southold Town Zoning Board of Appeals 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 Effect for the following projects as applied: Type II Actions (No further steps- setback/dimensional]lot waiver/accessory apartment/bed and breakfast requests): 9105 SKUNK LANE, LLC #6538 WILLIAM C. GOGGINS #6540 DAVID STEELE #6547 ROMA BARAN #6544 ROBERT V. LONGO #6539 DOUGALL FRASER #6545 PATRICIA MELE and CHERYL CHRISTIANO #6542 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: 10:11 A. M. - HERNAN MICHAEL OTANO #6525 (Adjourned from PH 1/5/12) -by P. Moore, Esq., Robert Brown, Architect; Hernan Otano, Owner; Patricia Conklin, Permit Examiner and Michael Verity, Chief Building Inspector, Town of Southold. 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. 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 June 7, 2012 at 10:00 a.m. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). 11:04 AM Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to take a short recess. Vote of the Board: Ayes: All. 11:12 AM Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to reconvene the meeting. Vote of the Board: Ayes: All. Page 3 - Minutes Regular Meeting held March 1, 2012 Southold Town Zoning Board of Appeals PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 11:13 A.M. - ROBERT V. LONGO #6539 by P. Moore, Esq., Nancy Dwyer, Design Consultant; Michael Verity, Chief, Building Inspector. Request for Variances from Article XXIII Section 280-124 and the Building Inspector's December 29, 2011 Notice of Disapproval based on an application for building permit for "as built" demolition and re-construction of a new single family 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 maximum lot coverage of 20%, located at: 220 Sound Avenue (adj. to Long Island Sound), Peconic, NY. SCTM #1000- 67-1-8. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) A~ter receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to close the hearing reservin~ decision subiect to receipt of additional information re: character of neighborhood, setbacks and lot coverage. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:43 A.M. - LOUIS and ELIZABETH MASTRO # 6530 (adj. from PH 1/5/12) - by Steve Christianson, Architect and Liz Mastro, owner. Request for Variances from Articles XXII and XXIII Code Sections 280-116(B) and 280-124, based on an application for building permit and the Building Inspector's November 23, 2011 Notice of Disapproval concerning proposed demolition 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 close the hearin~ reservin~ decision subject to receipt of revised site olan showin~ existin~ and vrooosed setbacks: and letter from architect/engineer explaining structural soundness of existin~ dwelling indicating what will remain and what will be demolished/removed. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 12:09 P.M. - DAVID STEELE #6547 by David Steele, owner. Request for Variance from Article III Section 280-15 and the Building Inspector's February 1, 2012 Notice of Disapproval based on an application for building permit for accessory solar panels at: 1) location other than the code required rear yard, located at: 12500 CR 48 (corner Elijah's Lane) Mattituck, NY. SCTM #1000-108-2-7.1. 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 close the hearing reserving decision. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). 12:16 P.M. - DOUGALL FRASER #6545 by David Cichanowicz, Agent. Request for Variance from Articles XXIII Code Section 280-124, based on an application for building permit and the Building Inspector's November 10, 2011, updated February 2, Page 4 - Minutes Regular Meeting held March 1, 2012 Southold Town Zoning Board of Appeals 2012 Notice of Disapproval concerning proposed deck addition to existing single family dwelling, at; 1) less than the code required minimum front yard setback of 40 feet, located at: 7555 Nassau Point Road (corner Tuthill Rd.) (adj. to Little Peconic Bay) Cutchogue, NY. SCTM #1000-118-4-7. 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 close the hearing reserving decision subiect to receipt of cody of deed. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). 12:06 PM Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to take a short recess. Vote of the Board: Ayes: All. 1:05 PM Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to reconvene the meeting. Vote of the Board: Ayes: All. 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: PAUL NADEL #6537 - NO ACTION. PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 1:20 P.M. - 9105 Skunk Lane~ LLC #6538 (adj. from PH 2/1/12) - by Mark Schwartz, Architect. Request for Variances from Article III Code Section 280-13(C)4(b), Section 280-15(F) and Article XXII 280-105A, and the Building Inspector's December 20, 2011, amended January 19, 2012 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) accessory structures at less than the code required principal setback of 50 feet, 3) 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 Goehringer, to close the hearin~ reservin~ decision. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). 1:42 P.M. - DAVID M. HALL #6535 (adj. from PH 1/5/12) - by Frank Notaro, Architect and Catherine Hart, neighbor. Request for Variances 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 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 Page 5 - Minutes Regular Meeting held March 1, 2012 Southold Town Zoning Board of Appeals receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: Ayes: Ail. This Resolution was duly adopted (5-0). 1:52 P.M. - PATRICIA MELE and CHERYL CHRISTIANO #6542 by Rob Fox, Agent; Kirk Niemann, Architect and Barbara Christianson, neighbor. Request for Variances from Article XXIII Section 280-124 and Article XXII Section 280-116 and the Building Inspector's January 6, 2012 Notice of Disapproval based on an application for building permit for demolition and reconstruction, including first floor additions and new second story at:: 1) less than the code required minimum side yard setback of 10 feet; 2) less than the code required combined side yard setbacks of 25 feet; 3) less than the code required mimmum bulkhead setback of 75 feet, located at: 1200 (aka 1140) Deep Hole Drive (adj. to Deep Hole Creek) Mattituck, NY. SCTM #1000-115-12-16. 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 15, 2012 subject to receipt of updated floor plan and corrected site plan showing existing and proposed setbacks. Vote of the Board: Aves: All. This Resolution was duly adopted (4-0). Member Horning was absent. Member Horning left 2:20 P. M. 2:40 P.M. - WILLIAM C. GOGGINS #6540 by William Goggins, Agent. Request for Variance from Article X Section 280-45 and the Building Inspector's December 22, 2011, amended January 9, 2012 Notice of Disapproval based on an application for building permit to convert a dwelling to multiple dwelling units (3) at: 1) one unit at less than the code required minimum of 850 square feet, located at: 13200 Main Road Mattituck, NY. SCTM #1000-114-11-9.1. 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 Hormng was absent. 2:51 PM Motion was offered by Chairperson Weisman, seconded by Member Schneider, to take a short recess. Vote of the Board: Ayes: All. Member Horning was absent. 2:55 PM Motion was offered by Chairperson Weisman, seconded by Member Schneider, to reconvene the meeting. Vote of the Board: Ayes: All. Member Horuing 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: 2:56 P.M. - ROMA BARAN #6544 by LeeAnn Romanelli, Agent. Request for Variance from Article XXIII Section 280-124 and the Building Inspector's January 17, 2012 Notice o£ Disapproval based on an application for building permit to construct a deck addition to existing single family dwelling: 1) less than the code required minimum Page 6 - Minutes Regular Meeting held March 1, 2012 Southold Town Zoning Board of Appeals rear yard setback of 50 feet; located at: 395 Tuthill Road Southold, NY. SCTM #1000- 55.-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 Horning was absent. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Reminder: The Chairperson confirmed the next Special Meeting date of March 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 April 5, 2012 at 8:30 AM Vote of the Board: Aves: All. This Resolution was duly adopted (4-0). Member Horning was absent RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Schneider, to approve minutes from Special Meeting held February 15, 2012. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Homing was absent. Reminder Confirmation: Executive Session/Legal Advice, ZBA Code of Conduct, April 5, 2012 from 8:30 - 9:30 A.M. There being no other business properly coming before the Board at this time, the Chairperson declared the meeting adjourned. The meeting was adjourned at 3:06 P.M. Re,~ ct fuh~wsub mitred, Vicki Toth ~ /[~/2012 Included by Reference: Filed ZBA Decisions (0) Leslie Kane~ Weisman, Chairperson ~ '/[~r~O12 Approved for Filing Resolution Adopted