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Home My WebLink AboutZBA-05/03/2012 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard E Goehringer George Homing Ken Schneider Southotd 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.northl~rk.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 MINUTES REGULAR MEETING THURSDAY, MAY 3, 2012 MAY 2 2 2011 Sou~old Town ~erk 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 May 3, 2012 commencing at 9:00 A.M. Present were: Leslie Kanes Weisman, Chairperson/Member Gerard P. Goehringer, Vice Chairperson/Member Ken Schneider, Member (left 12:15 p.m.) George Horning, Member (left at 3:16 p.m.) James Dinizio, Member Jennifer Andaloro, Asst. Town Attorney Vicki Toth, ZBA Secretary 9:04 A.M. Chairperson Weisman called the meeting to order. 9:04 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 (5-0). 10:03 A.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to exit Executive Session and reconvene the meeting. Vote of the Beard: 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. The Board proceeded with the first item on the Agenda as follows: DELIBERATIONS/POSSIBLE DECISION: The Board continued with agenda items, and commenced deliberations on the following applications. The original determinations of each of the following applications as decided are filed with the Southold Town Clerk: Page 2 - Minutes Regular Meeting held May 3, 2012 Southold Town Zoning Board of Appeals APPROVE WITH CONDITIONS De Art of Nature, LLC - # 6541 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: Type II Actions (No further steps- setback/dimensionalJlot waiver/accessory apartment/bed and breakfast requests): ROBERT SULLIVAN #6563 LINDA PIZZOLLA #6564 ELIZABETH A. GARDNER #6560 RICHARD MEYERHOLZ #6556 JUSTIN and SUSAN SMITH #6561 LAURA YANTSOS #6562 GEORGE SCHNEIDER #6558 BARRY ROOT #6559 PHILIP MARCO - #6552 Vote of the Board: All. This resolution was duly adopted (5-0). PUBLIC HEARINGS: The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 10:12 A.M. - OLIVER and GLORIA SELIGMAN #6555 by Oliver Sehgman, owner (Adjourned from PH April 5, 2012). 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 close the hearing subject to receipt of revised survey stating pool surround is at grade. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). 10:32 A. M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to take a short recess. Vote of the Board: Ayes: All. 10:37 A. M. 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 May 3, 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: 10:37 A.M. - ROBERT SULLIVAN #6563 by Mark Schwartz, Architect. Request for Variance from Article XXII Code Section 280-116(B) based on an application for building permit and the Building Inspector's February 8, 2012 Notice of Disapproval concerning proposed additions and alterations to a single family dwelling, at; 1) less than the code required bulkhead setback of 75 feet, located at: 2715 Nassau Point Road (adj. to Hog Neck Bay) Cutchogue, NY. SCTM #1000-104-13-8. 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 close the hearing subiect to receipt of site plan showing drainage. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:46 A.M. - LINDA PIZZOLLA #6564 by Mark Schwartz, Architect. Request for Variances from Article IV Code Section 280-18, based on an application for building permit and the Building Inspector's January 24, 2012 Notice of Disapproval concerning proposed additions and alterations to a single family dwelling, at; 1) less than the code required front yard setback of 50 feet to Carrington Road, 2) less than the code required front yard setback of 50 feet to Nassau Point Road, located at: 4800 Nassau Point Road (corner Carrington Road) Cutchogue, NY. S CTM #1000-111-8-11& 12. 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). RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Reminder: The Chairperson confirmed the next Special Meeting date of May 17, 2012 at 5:00 PM. 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 June 7, 2012 at 9:00 AM. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). C. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to approve minutes from Special Meeting held April 19, 2012. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). WORK SESSION: A. Training Sessions Schedule B. Reminder: Jamie Richter to present Drainage Code: June 7th, Regular Meeting 8:30 C. Assistant Town Attorney at Special Meeting May 17th 5:00 pm: time limits on Page 4 - Minutes Regular Meeting held May 3, 2012 Southold Town Zoning Board of Appeals 10:55 A. M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to take a short recess. Vote of the Board: Ayes: All. 11:05 A. M. 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: 11:06 A.M. - ELIZABETH A. GARDNER #6560 by P. Moore, Esq., and Mark Schwartz, Architect. Request for Variance from Article XXII Code Section 280-116(B) based on an application for building permit and the Building Inspector's March 8, 2012 Notice of Disapproval concerning screen porch with outside shower over existing deck to a single family dwelling, at; 1) less than the code required bulkhead setback of 75 feet, located at: 1665 Shore Road (adj. to Pipes Cove) Greenport, NY. SCTM #1000-47-2-30. 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 17, 2012 Special Meeting, subiect to revised plans showing proposed second floor roof deck, drainage and character of neighborhood re: setback to bulkhead. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:24 A.M. - RICHARD MEYERHOLZ #6556 by Robert Brown, Architect and Richard Meyerholz, owner; Robert and Celia Swing, neighbors, against. Request for Variances from Article XXIII Code Section 280-124, based on an application for building permit and the Building Inspector's January 12, 2012 Notice of Disapproval concerning proposed demohtion and reconstruction of a single family dwelling, at; 1) less than the code required front yard setback of 35 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) more than the code permitted lot coverage of 20% maximum, at: 4245 Bay Shore Road (adj. to Pipes Cove (Shelter Island Sound)) Greenport, NY. SCTM #1000- 53-6-23. 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 June 7, 2012 at 1:00 p.m., subiect to receipt of revised plans. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). 12:13 P. M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to take a short recess. Vote of the Board: Ayes: All. 12:15 P. M. Member Schneider left. 12:20 P. M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to reconvene the meeting. Vote of the Board: Ayes: All. Member Schneider was absent. Page 5 - Minutes Regular Meeting held May 3, 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: 12:21 P.M. - JUSTIN and SUSAN SMITH #6561 by Justin Smith, owner._Request for Variances from Article XXIII Section 280-124 and Article III Section 280-15 based on an application for building permit and the Building Inspector's July 29, 2011, updated March 20, 2012 Notice of Disapproval concerning addition and alteration to an accessory garage attached by a breezeway, at; 1) less than the code required front yard setback of 40 feet, 2) more than the maximum height allowable of 22 feet, located at; 1040 Founders Path (corner Landon Road) Southold, NY. SCTM #1000-64-2-15.. 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 (4-0). Member Schneider was absent. 12:28 P.M. - LAURA YANTSOS #6562 by Laura Yantses, owner. Request for Variance from Article XXIII Section 280-124 based on an application for building permit and the Building Inspector's March 6, 2012 Notice of Disapproval concerning "as built" addition to an existing single family dwelling, at; 1) less than the code required side yard setback of 10 feet, located at; 3455 Bay Shore Road (adj. to Shelter Island Sound) Greenport, NY. SCTM#1000-53-6-11. 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 Schneider was absent. 12:43 P. M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to take a short recess. Vote of the Board: Ayes: All. Member Schneider was absent. 1:26 P. M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to reconvene the meeting. Vote of the Board: Ayes: All. Members Schneider 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: 1:27 P.M. - LISA and DAVID CIFARELLI #6488 (Re-Opened from August 4, 2011 public hearing.) P. Moore, Esq., and W. Goggins Esq., for applicant; Don Wilcenski, Planning Chairman, Heather Lanzer, Planning Director; Mark Rickabaugh, Elizabeth McGrath, Stacey Paetzel, Prudence Heston, Fred Carter, neighbors against. On August 18, 2011 the Zoning Board of Appeals granted a front yard, rear yard and side yard variance to the applicant based upon a Request for Variances from Article XXIII Code Section 280-122 based on a building permit application for additions and alterations to a nonconforming building, located at; 1335 New Suffolk Road Cutchogue, Page 6 - Minutes Regular Meeting held May 3, 2012 Southold Town Zoning Board of Appeals NY. SCTM #1000-109-7-9.3. The Zoning Board of Appeals, at its April 5, 2012 Regular Meeting, voted on its own motion to re-open the public hearing to consider additional facts not in the record concerning two principal uses on the site and compliance with lot area requirements as set forth in the memorandum from the Planning Board to the Zoning Board of Appeals dated February 15, 2012 and other pertinent Town records. 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 17, 2012, (written portion only to remain open). Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Schneider was absent. 2:46 P.M. - WILLIAM TONYES - #6553 (Adjourned from PH April 5, 2012) by Charles Thorpe and William Tonyes, 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 close the hearing subiect to receipt of lot coverage information. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Schneider was absent. 3:09 P.M. - GEORGE SCHNEIDER #6558 by George Schneider, owner. Applicant requests a Special Exception under Article III, Section 280-13B(13). The Applicant is the owner requesting authorization to establish an Accessory Apartment in an accessory structure, requests variance from Section 280-13B(13)(a) total square footage of more than the maximum livable floor area of 750 square feet, at; 1125 Pequash Avenue (corner Willow Street), Cutchogue, NY. SCTM#1000-103-7-20. 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 subiect to receipt of Affordable Housing information documentation from renter. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). Members Schneider and Horning were absent. 3:16 P.M. Member Horning left. 3:19 P.M. - BARRY ROOT #6559 by LeeAnn Romanelli, Agent. Request for Variance from Article XXII Code Section 280-116(B) based on an application for building permit and the Building Inspector's February 14, 2012 Notice of Disapproval concerning proposed partial demolition and reconstruction with additions to a single family dwelling, at; 1) less than the code required bulkhead setback of 75 feet, located at: 6315 Indian Neck Lane (adj. to Richmond Creek) Peconic, NY. SCTM #1000-86-6-20. 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: Ayes: All. This Resolution was duly adopted (3-0). Members Schneider and Horning were absent. Page 7 - Minutes Regular Meeting hold May 3, 2012 Southold Town Zoning Board of Appeals 3:26 P. M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to take a short recess. Vote of the Board: Ayes: All. Members Schneider and Horning were absent. 3:34 P. M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to reconvene the meeting. Vote of the Board: Ayes: All. Members Schneider 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: 3:35 P.M. - HERNAN MICHAEL OTANO (BREEZY SHORES) #6557 by P. Moore, Esq., and Hernan Otano, owner. Request for Use Variance from Article XXIII Code Section 280-123 and the Building Inspector's December 12, 2011, updated March 6, 2012 Notice of Disapproval based on an apphcation for building permit for demolition and construction of a cottage 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, 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 Dinizio, to close the hearing subiect to receipt of additional financial evidence, quicken document estimates and Riverhead Buildin~ Supply affidavit from applicant. Vote of the Board: Aves: All. This Resolution was duly adopted (3-0). Members Schneider and Horning were absent. There being no other business properly coming before the Board at this time, Chairperson declared the meeting adjourned. The meeting was adjourned at 4:25 P.M. Re sp e ct full~ub mitt ~e d~ VickiToth ~ /t7/2012 Inc~d~y Reference: Fited ZBA Decisions (1) Leshe Kanes ha~rperso~ed~' 012 Approved for Filing Resolution Adopte