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Home My WebLink AboutZBA-04/05/2012 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · I~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, APRIL 5, 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 April 5, 2012 commencing at 8:30 A.M. Present were: Leslie Kanes Weisman, Chairperson/Member Gerard P. Goehringer, Vice ChairpersonfMember Ken Schneider, Member George Horning, Member (left at 3:13 p.m.) Jenmfer Andaloro, Asst. Town Attorney Vicki Toth, ZBA Secretary Absent was: James Dinizio, Member 8:34 A.M. Chairperson Weisman called the meeting to order. 8:34 A.M. Motion was offered by Chairperson Weisman seconded by Member Goehringer, to enter into Executive Session for Attorney/Client advice. Vote of the Board: Aves: All. This Resolution was duly adopted (4-0). Member Dinizio was absent. 9:57 A.M. Motion was offered by Chairperson Weisman, seconded by Member Schneider, to exit Executive Session and reconvene the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dinizio was absent. 10:05 A.M. Chairperson Weisman called the public hearings to order 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 April 5, 2012 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): KENNETH SEIFERTH #6504 OLIVER and GLORIA SELIGMAN - #6555 DAVID H. THORNTON and JANET E. DAVIDSON #6543 GLYN and MICHELLE WEIR - #6546 GLENN HEIDTMANN, JR. - #6548 DE ART OF NATURE, LLC - 6541 JUSTIN SWARTZ and JOANNA WEINER - #6549 THOMAS and IRENE KALOGERAS - #6554 PHILIP MARCO - #6552 WILLIAM TONYES - #6553 KIMOGENOR POINT, INC. - #6550 Vote of the Board: All. This resolution was duly adopted. (4-0). Member Dinizio was absent. 10:06 A.M. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Goehringer to adopt Code of Conduct, as edited. Vote of the Board: Aves: All. This Resolution was duly adopted (4-0). Member Dinizio was absent. PUBLIC HEARINGS: The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 10:07 A.M. - LISA and DAVID CIFARELLI #6488 - (Possible Resolution to Re-Open the hearing.) Request for Variances from Article XXIII Code Section 280-122 and the Building Inspector's May 10, 2011 Notice of Disapproval based on a building permit application for additions and alterations to a nonconforming building at: 1) less than the code required front yard setback of 100 feet, 2) less than the code required side yard setback of 20 feet, 3) less than the code required rear yard setback of 75 feet, located at; 1335 New Suffolk Road Cutchogue, NY. SCTM #1000-109-7-9.3. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to reopen and schedule public hearing for May 3, 2012. Vote of the Board: Aves: All. This Resolution was duly adopted (4-0). Member Dinizio was absent. 10:08 A.M. - KENNETH SEIFERTH #6504 by Arnold Golz, Jr., Agent. Request for Variance from original ZBA Grant #6504 and the Building Inspector's February 7, 2012 Notice of Disapproval based on amended plans for the accessory garage at; 1) the demolition and reconstruction are a deviation of the original ZBA grant allowing additions and alterations, located at: 2000 Nassau Point Road (adj. to Broadwaters Cove) Cutchogue, NY. SCTM #1000-104-10-11.1. 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 hearine reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dinizio was absent. Page 3 - Minutes Regular Meeting held April 5, 2012 Southold Town Zoning Board of Appeals 10:25 A.M. - OLIVER and GLORIA SELIGMAN #6555 - by Andres Letkovsky, Agent; Oliver and Gloria Seligman, owners and Ray Huntington, neighbor. Request for Variance from Article III Section 280-15 and the Building Inspector's February 8, 2012 Notice of Disapproval based on an application for building permit to construct an accessory two car garage and an in-ground swimming pool at: 1) location other than the code required rear yard, located at: 385 North Cross Road (corner Holden Avenue) Cutchogue, NY. SCTM #1000-103-13-29. 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 adiourn the hearing to May 3. 2012 at 10:00 A.M. subiect to receipt of revised site plan showing septic and research on the character of the neighborhood. Vote of the Board: Aves: All. This Resolution was duly adopted (4-0). Member Dinizio was absent. 11:09 A. M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to take a short recess. Vote of the Board: Ayes: All. 11:16 A. M. Motion was offered by Chairperson Weisman, seconded by Member Schneider, 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 pubhshed: 11:16 A.M. - DAVID H. THORNTON and JANET E. DAVIDSON #6543 by Garrett Strang, Architect. Request for Variance from Article XXIII Section 280-124 and the Building Inspector's January 18, 2012 Notice of Disapproval based on an application for building permit for additions to a single family dwelling at: 1) more than the code permitted maximum lot coverage of 20%, located at: 4205 Breakwater Road (corner East Road) Mattituck, NY. SCTM #1000-106-3-6. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Horning, to close the hearing reserving decision subiect to receipt of revised site plan reducing patio size and showing drvwells for leaders. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dinizio was absent. 11:33 A. M. - GLYN and MICHELLE WEIR #6546 by Glyn Weir, owner. Request for Variance from Article XXIII Section 280-124 and the Building Inspector's December 7, 2011 Notice of Disapproval based on an application for building permit to construct additions/alterations to existing single family dwelling: 1) less than the code required minimum rear yard setback of 50 feet; located at: 5200 Mill Road (aka 5550 West Mill Road, Cox Neck Road) Mattituck, NY. SCTM#1000-106-6-7. 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. Vote of the Board: Aves: All. This Resolution was duly adopted (4-0). Member Dinizio was absent. 11:46 A.M. - GLENN HEIDTMANN, JR. #6548 by Glenn Heidtmann, owner. Request for Variance from Article XXIII Section 280-124 and the Building Inspector's January 30, 2012 Notice of Disapproval based on an application for building permit for "as Page 4 - Minutes Regular Meeting held April 5, 2012 Southold Town Zoning Board of Appeals built" deck/hot tub addition to existing single family dwelling: 1) less than the code required minimum rear yard setback of 50 feet; located at: 600 Albacore Drive Greenport, NY. SCTM #1000-57-1-21. 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 Dinizio was absent. 12:00 P.M. - DE ART OF NATURE, LLC # 6541 by Garrett Strang, Architect; Eddy Creces, Managing Director and Phyllis and Diane Graebe, neighbors. Request for Variances from Article III Code Sections 280-13A(2), based on an application for building permit and the Building Inspector's December 29, 2011 Notice of Disapproval concerning proposed additions/alterations to existing greenhouse structure and new office trailers, at; 1) less than the code required front yard setback of 60 feet, 2) less than the code required mimmum side yard setback of 20 feet, 3) more than the code permitted maximum lot coverage of 20%, located at: 23423 Middle Road (CR48) Cutchogue, NY. SCTM#1000-84-1-10.4. 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 subject to receipt of signed letter from owner and adjoining neighbor re: R-O-W.. Vote of the Board: Aves: AlL This Resolution was duly adopted (4-0). Member Dinizio was absent. 12:43 P.M. Member Hormng left the room. 12:46 P.M. Member Hormng returned to the room. 12:46 P.M. - JUSTIN SWARTZ and JOANNA WEINER #6549 by Elizabeth Thompson, Agent. Request for Variance from Article XXIII Section 280-124 and the Building Inspector's December 20, 2011 Notice of Disapproval based on an application for building permit to construct additions/alterations and deck addition to existing single family dwelling: 1) less than the code required minimum rear yard setback of 50 feet; located at: 275 Back Lane (aka Private Road #5) Orient, NY. SCTM #1000-17-4-26 &11.1. 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 duiv adopted (4-0). Member Dinizio was absent. 12:55 P.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to take a short recess. Vote of the Board: Ayes: All. 1:34 P. M. 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 April 5, 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: 1:34 P.M. - THOMAS and IRENE KALOGERAS #6554 by Chris Rivera, Agent. Request for Variance from Article XXIII Section 280-124 and the Building Inspector's February 15, 2012 Notice of Disapproval based on an application for building permit to construct alterations and "as built" deck addition to existing single family dwelling: 1) less than the code required minimum side yard setback of 15 feet; located at: 700 Sound Beach Drive (on Long Island Sound) Mattituck, NY. SCTM #1000.99-1-10.1. 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 Dinizio was absent. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Reminder: The Chairperson confirmed the next Special Meeting date of April 19, 2012 at 5:00 PM. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Schneider to set the next Regular Meeting with Public Hearings to be held May 3, 2012 at 9:00 AM Vote of the Board: Aves: All. This Resolution was duly adopted (3-0). Members Dimzio and Horning were absent RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to approve minutes from Special Meeting held March 15, 2012. Vote of the Board: Aves: All. This Resolution was duly adopted (3-0). Members Dinizio and Horning were absent. 1:48 P.M. Member Horning left the room. 1:50 P.M. Member Horning returned. WORK SESSION: A. Discussed Special Events Code Committee Meeting. PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 1:52 P.M. - PHILIP MARCO #6552 by P. Moore, Esq., Agent. Request for Variance from Article XXIII Section 280-124 and the Building Inspector's February 13, 2012 Notice of Disapproval based on an application for building permit for "as built" deck addition to existing single family dwelhng: 1) less than the code required minimum rear yard setback of 60 feet; located at: 4380 Indian Neck Road Peconic, NY. SCTM Page 6 - Minutes Regular Meeting held April 5, 2012 Southold Town Zoning Board of Appeals #1000-98-1-5.4. 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. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dinizio was absent. 2:05 P.M. Motion was offered by Chairperson Weisman, seconded by Member Schneider, to take a short recess. Vote of the Board: Ayes: All. 2:10 P. M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to reconvene the meeting. Vote of the Board: Ayes: All. WORK SESSION (continued): B. Discussed number of non-conforming lots within the town. PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 2:11 P. M. - WILLIAM TONYES #6553 by Charles Thorp, Agent, and William A. Tonyes, Jr., owner. Request for Variance from Article III Section 280-15 and Article XXIII Section 280-124 and the Building Inspector's December 28, 2011 Notice of Disapproval based on an application for building permit for an accessory garage at: 1) location other than the code required rear yard, 2) lot coverage more than the code permitted 20% maximum, located at: 75 8th Street (corner of Front Street) (aka 717 Front Street) Greenport, NY. SCTM #1000-48-1-8. 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 May 3, 2012 at 2:00 p.m. subiect to revised survey showing fence on subject property; shed to be removed and location of septic. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Din~io was absent. 2:40 P.M. - KIMOGENOR POINT~ INC. #6550 by Thomas Samuels, Agent. Request for Variances from Article XXIII Code Section 280-123 and Article XXII Section 280- 116 and the Building Inspector's January 19, 2012 Notice of Disapproval based on an apphcation for building permit for demolition and construction of a new single family 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: 50 Jackson Street New Suffolk, NY. SCTM #1000-116-6-24.1. 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 adjourn the hearing to June 7, 2012 at 2:00 p.m. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). Members Din~o and Horning were absent. 3:13 Member Horning left. Page 7 - Minutes Regular Meeting held April 5, 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 3:30 P.M. Resp e ct fuflls~ubmit t q/l, Vicki Toth ~ //~/2012 Included by Reference: Filed ZBA Decisions (0) Leslie Kanes Weisman, Chairperson~7~ ~/g012 Approved for Filing Resolution Adopted