The URL can be used to link to this page

Home My WebLink AboutZBA-06/07/2012 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jn Gerard E 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, JUNE 7, 2012 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 June 7, 2012 commencing at 8:30 A.M. Leslie Kanes Weisman, Chairperson/Member Gerard P. Goehringer, Vice Chairperson/Member Ken Schneider, Member George Horning, Member James Dinizio, Member Jennifer Andaloro, Asst. Town Attorney Vicki Toth, ZBA Secretary 8:34 A.M. Chairperson Weisman called the meeting to order. 8:34 A.M. Motion was offered by Chairperson Weisman seconded by Member Dinizio, to enter into Work Session. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). A. Town Engineer Jamie Richter to present drainage code. 9:30 A.M. Motion was offered by Chairperson Weisman seconded by Member Schneider, to enter into Executive for attorney/client advice. Vote of the Board: Aves: All. This Resolution was duly adopted (3-0). Members Horning and Dinizio were out of the room. 10:16 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). 10:17 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: Page 2 - Minutes Regular Meeting held June 7, 2012 Southold Town Zoning Board of Appeals DELIBERATIONS/POSSIBLE DECISION: The Board commenced deliberations on the following application. The original determination of the following application as decided is filed with the Southold Town Clerk: APPROVED AS APPLIED BARRY ROOT #6559 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/dimensional/lot waiver/accessory apartment/bed and breakfast requests): SOUTHOLD HISTORICAL SOCIETY #6567 JUDITH GRECO #6568 LISA and ANTHONY SANNINO #6565 JAMES WILLSE #6569 EDWARD J. CONNER #6566 ANTHONY and DANIELE CACIOPPO #6571 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: 10:22 A. M. - HERNAN MICHAEL OTANO #6525 - by P. Moore, Esq., Agent. (Adjourned from PH 3/1/12) 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 close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:37 A.M. - SOUTHOLD HISTORICAL SOCIETY #6567 by Goeffrey Fleming, Agent. Page 3 - Minutes Regular Meeting held June 7, 2012 Southold Town Zoning Board of Appeals Request for Variance from Article X Code Section 280~46 (bulk schedule), based on an application for building permit and the Building Inspector's March 9, 2012 Notice of Disapproval concerning proposed front porch addition to existing building located in the HB District, at; 1) less than the code required minimum front yard setback of 15 feet, 2) less than the code required minimum side yard setback of 10 feet, 3) less than the code required total side yards of 25 feet, located at: 54127 Main Road Southold, NY. SCTM #1000-61-2-7.2. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson We~sman, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). 10:47 A. M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to take a short recess. Vote of the Board: Ayes: All. 10:54 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: 10:54 A.M. - JUDITH GRECO #6568 by Stacey Bishop, Agent. Request for Variance from Article XXIII Code Section 280-124, based on an application for building permit and the Building Inspector's July 8, 2011, updated March 7, 2012 Notice of Disapproval concerning "as built" deck addition to existing single family dwelling, at; 1) less than the code required minimum front yard setback of 40 feet, 2) less than the code required minimum rear yard setback of 50 feet, located at: 2450 Laurel Way Mattituck, NY. SCTM#1000-121-4-19. 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 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 July 5, 2012 at 8:30 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 May 17, 2012. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). Page 4 - Minutes Regular Meeting held June 7, 2012 Southold Town Zoning Board of Appeals WORK SESSION: A. Reminder: First Training Session July 5, 2012. 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 A.M. - JAMES WILLSE #6569 by Eileen Santora, Agent. Request for Variance from Article III Code Section 280-15(B), based on an application for building permit and the Building Inspector's March 14, 2012 Notice of Disapproval concerning addition to accessory garage at; total square footage at more than the maximum code allowable of 750 square feet, located at: 1665 Mill Creek Drive (adj. to Arshamomaque Pond) Southold, NY. SCTM #1000-51-6-31.4. 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: Aves: All. This Resolution was duly adopted (5-0). 11:13 A.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer to recess for Court Arraignment. Vote of the Board: Ayes: All. 11:35 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: 11:36 A. M. - EDWARD J. CONNER #6566 by Vincent Panettieri, Agent. Request for Variance from Article XXIII Section 280-124 and the Building Inspector's March 20, 2012 Notice of 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 rear yard setback of 35 feet; located at: 1200 Gillette Drive East Marion, NY. SCTM #1000-38-2-13. 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 (5-0). 11:51 A.M. - LISA and ANTHONY SANNINO #6565 by Lisa and Anthony Sannino, owners; Alf Sommerstad and Frances Slezak, neighbors against and Eric Keri, neighbor in favor. Applicant request a Special Exception under Section 280-13B(14). The Applicant is the owner requesting authorization to expand an Accessory Bed and Breakfast, accessory and incidental to the residential occupancy in this single-family dwelling, with four (4) additional bedrooms for lodging and serving of breakfast to the B&B casual, transient roomers for a total of five (5) bedrooms. Location of Property: 7490 Alvahs Lane Cutchogue, NY SCTM #1000-101-1-14.4. 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 adiourn the hearing to June 21, 2012 with only the written record to remain open. Vote of the Board: Ayes: All. This Resolution was duly adopted Page 5 - Minutes Regular Meeting held June 7, 2012 Southold Town Zoning Board of Appeals (5-o). 1:24 P.M. - RICHARD MEYERHOLZ #6556 - (Board to consider letter via e-mail dated 5/22/12 from applicant requesting an adjournment). 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 demolition 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 July 5~ 2012 at 10 a.m. per request from applicant. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). 1:25 P.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to take a short recess. Vote of the Board: Ayes: All. 1:50 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: 1:51 P.M. - ANTHONY and DANIELE CACIOPPO #6571 by Fred Weber, Agent. Request for Variance from Article III Code Section 280-15 and the Building Inspector's April 23, 2012 Notice of Disapproval based on an application for building permit for an accessory shed; 1) front yard setback at less than the code required 40 foot setback, 2) location other than the code permitted front yard or rear yard on waterfront property, located at: 1455 Inlet Way (corner Cedar Point Drive East) (adj. to Fairhaven Inlet) Southold, NY. SCTM #1000-92-1-4. 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: Aves: All. This Resolution was duly adopted (5-0). 2:06 P.M. - KIMOGENOR POINT, INC. (BINGHAM) #6550 (Adj. from April 5, 2012) by P. Moore, Esq., Agent, Tom Samuels, Architect, Bob Fox and Fred Fisher neighbors/shareholders in support. Request for Variances from Article XXIII Code Section 280-123 and Article XXII Section 280-116 and the Building Inspector's January 19, 2012, Revised May 3, 2012 Notice of Disapproval based on an application for building permit for Ist and 2"d story enlargements and alterations to a seasonal 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 Page 6 Minutes Regular Meeting held Juno 7, 2012 Southold Town Zoning Board of Appeals 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 revised surve¥~ plans, elevations and corrected Notice of Disapproval. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). There being no other business properly coming before the Board at this time, Chairperson declared the meeting adjourned. The meeting was adjourned at 3:09 P.M. Re~ectfu~ly subm~ted, Vicki Toth [O /'~/2012 Included by Reference: Filed ZBA Decisions (1)