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Home My WebLink AboutZBA-07/05/2012 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 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://sout holdtown.northlYrk .net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 MINUTES REGULAR MEETING THURSDAY, JULY 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 July 5, 2012 commencing at 8:30 A.M. Present were: Leslie Kanes Weisman, Chairperson/Member Gerard P. Goehringer, Vice Chairperson/Member Ken Schneider, Member George Horning, Member James Dinizio, Member (left 2:53 p.m.) Jennifer Andaloro, Asst. Town Attorney Vicki Toth, ZBA Secretary 8:35 A.M. Chairperson Weisman called the meeting to order. 8:36 A.M. Motion was offered by Chairperson Weisman seconded by Member Goehringer, to enter into Executive for attorney/client advice. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 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). 10:06 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: Page 2 - Minutes Regular Meeting held July 5, 2012 Southold Town Zoning Board of Appeals The Board commenced deliberations on the following applications. The original determination of the following applications as decided are filed with the Southold Town Clerk: APPROVED WITH CONDITIONS LISA and ANTHONY SANNINO #6565 KIMOGENOR POINT INC., (BINGHAM) #6550 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): D.F. and J. M. HARRIS CHILDREN'S TRUST #6570 MILL CREEK PARTNERS, LLC #6575 ALAN FIDELLOW #6578 8925 BAY AVENUE, LLC #6577 VINCENT and CAROL MANAGO #6576 BRIAN ZIEGLER #6572 PAUL A. and ELIZABETH L. REINCKENS #6573 JOHN and ANGELA REINERTSEN #6574 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: 10:10 A.M. - RICHARD MEYERHOLZ #6556 by Richard Meyerholz (owner) and Rob Brown, Architect (Adj. from June 7, 2012). 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#1 000-53-6-23. 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 close the hearing reserving decision. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). 10:51 A.M. Motion was offered by Chairperson Weisman, seconded by Member Dinizio, to take a short recess. Vote of the Board: Ayes: All. Page 3 - Minutes Regular Meeting held July 5, 2012 Southold Town Zoning Board of Appeals 10:58 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: 10:59 A.M. - D.F. and J. M. HARRIS CHILDREN'S TRUST #6570 by Steven Hamm, Agent. Request for Variance from Article III Code Section 280-15 and the Building Inspector's March 28, 2012 Notice of Disapproval based on an application for building permit for an accessory barn at: 1) accessory barn is proposed in a location other than the code required rear yard, located at: No number Clay Point Road (Off East End Road) Fishers Island, NY. SCTM #1000-7-1-7.1. 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 subiect to receipt of amended Notice of Disapproval and site plan stating accessory building not barn. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:14 A.M. - MILL CREEK PARTNERS, LLC #6575 by Nancy Steelman and Bruce Anderson, Agents; Eugene Burger and John Ingrilli, partners. Request for Variance from Article XXII Code Section 280-116(B) based on an application for building permit and the Building Inspector's February 29, 2012, revised May 7, 2012 Notice of Disapproval concerning permit to construct a dock master's building and addition/alteration to existing restaurant, at; 1) dock master's building at less than the code required bulkhead setback of 75 feet, 2) additions/alterations at less than the code required bulkhead setback of 75 feet, located at: 64300 Route 25 (adj. to Southold Bay) Greenport, NY. SCTM #1000-56-7-2. 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 copy of lease and comments from Planning Board re: adioining property and parking. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:51 A.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to take a short recess. Vote of the Board: Ayes: All. 11:59 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: 11:59 A.M. - ALAN FIDELLOW #6578 by Bruce Anderson, Agent. Request for Variances from Article XXII Code Section 280-116(B) and Article IV Section 280-18 based on an application for building permit and the Building Inspector's February 17, 2012, updated April 26, 2012 Notice of Disapproval for demolition, reconstruction and addition to single family dwelling, at; 1) less than the code required bulkhead setback of 75 feet, 2) less than the minimum side yard setback of 15 feet, 3) less than the combined total side yards of 35 feet, located at: 4030 Great Peconic Bay Blvd., (adj. to Great Peconic Bay) Laurel, NY. SCTM #1000-128-6-1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After Page 4 - Minutes Regular Meeting held July 5, 2012 Southold Town Zoning Board of Appeals receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to adjourn the hearing to August 2, 2012 at 10 A.M. subject to structural analysis of existing foundation and load factor of house and first floor walls. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). 12:16 P.M. - 8925 BAY AVENUE, LLC #6577 by Mark Schwartz, Agent. Request for Variance from Article III Section 280-15(F) and the Building Inspector's May 15, 2012 Notice of Disapproval based on an application for building permit for accessory tennis court at: 1) In the case of waterfront properties accessory building may be located in the front yard, provided that such accessory meet the front yard principal setback requirements as set forth by this code.., proposed location is other than the code required front or rear yard, located at: 8925 Skunk Lane (adj. to Little Creek) Cutchogue, NY. SCTM #1000-104-3-15. 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 subject to receipt of drainage plan and buffer on west side; 35' sidevard; 20' non turf buffer; show existing trees; update site plan and elevation, if lowering. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 12:31 P.M. - VINCENT and CAROL MANAGO #6576 by Mark Schwartz, Agent. Request for Variance from Article XXII Code Section 280-116(B) based on an application for building permit and the Building Inspector's April 6, 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: 8225 Nassau Point Road (adj. to Little Peconic Bay) Cutchogue, NY. SCTM #1000-118-4-10. 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). 12:39 P.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to take a recess for lunch. Vote of the Board: Ayes: All. 1:31 P.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: 1:32 P.M. - BRIAN ZIEGLER #6572 by Dennis Oliver, Agent. Request for Variance from Article XXIII Section 280-124 and the Building Inspector's May 3, 2012 Notice of Disapproval based on an application for building permit for a deck addition to existing single family dwelling at: 1) less than the code required minimum side yard setback of 15 feet; 2) less than the total combined side yards of 35 feet, located at: 1165 Saltaire Way Mattituck, NY. SCTM#10 00-100-1-24. 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 amended site plan and deck plan showing alternate relief 12.2' sideyard. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 5 - Minutes Regular Meeting held July 5, 2012 Southold Town Zoning Board of Appeals 1:53 P.M. - PAUL A. and ELIZABETH L. REINCKENS #6573 by Richard Lark, Agent, Paul Reinckens Sr., and Elizabeth Reinckens, owners; Paul Reinckens II, son; Tom Reinckens and Joe Froenhoffer, neighbor in favor. This is a request for a Waiver of Merger under Article II, Section 280-10A, to unmerge land identified as SCTM #1000- 63-2-25, based on the Building Inspector's April 27, 2012 Notice of Disapproval, which states adjoining conforming or nonconforming lots held in common ownership shall merge until the total lot size conforms to the current bulk schedule (minimum 40,000 square feet in this R-40 Residential Zone District) this lot is merged with lot 1000-63- 2-26, located at: 955 & 1065 Hummel Avenue Southold, NY. SCTM#'s- 1000-63-2-25 & 26. 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). 2:18 P.M. - JOHN and ANGELA REINERTSEN #6574 by Anthony Lauro, Agent, John Reinersten, owner; Yvonne McNab, neighbor in favor; Jim Murphy, neighbor against; Adam Murphy, against; Linda Murphy, against. Request for Variance from Article III Code Section 280-15 and the Building Inspector's March 29, 2012 Notice of Disapproval based on an application for building permit for an accessory pergola and in-ground swimming pool/spa at: 1) accessory pergola is proposed in a location other than the code required rear yard, 2) accessory in-ground swimming pool/spa is proposed in a location other than the code required rear yard, located at: 590 Arrowhead Lane Peconic, NY. SCTM #1000-98-2-4.1. 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. 2:53 P.M. Member Dinizio left due to an emergency. 3:01 P.M. - EDWARD J. CONNER #6566 by Vincent Panteire, Agent. (Re-opened at June 21, 2012 special meeting to address additional variance request) Request for Variance from Article XXIII Section 280-124 and the Building Inspector's March 20, 2012, amended June 12, 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, 2) lot coverage at more than the code permitted 20%; 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: Aves: All. This Resolution was duly adopted (4-0). Member Dinizio was absent. CARRYOVER DELIBERATIONS and/or POSSIBLE DECISION: DENIED, GRANT ALTERNATIVE RELIEF W/CONDITIONS EDWARD J. CONNER #6566 Page 6 Minutes Regular Meeting held July 5, 2012 Southold Town Zoning Board of Appeals Vote of the Board: Aves: All. This Resolution was duly adopted (4-0). Member Dinizio was absent. RESOLUTIONS A. Reminder: The Chairperson confirmed the next Special Meeting date of July 19, 2012 at 5:00 PM. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Goehringer to set the next Regular Meeting with Public Hearings to be held August 2, 2012 at 8:30 AM. Vote of the Board: Aves: All. This Resolution was duly adopted (4-0). Member Dinizio was absent. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to approve minutes from Special Meeting held June 21, 2012. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dinizio was absent. WORK SESSION: A. Requests from Board Members for future agenda items. There being no other business properly coming before the Board at this time, Chairperson declared the meeting adjourned. The meeting was adjourned at 3:11 P.M. Re s~ct fu~!y submitt~, Vicki Toth '~ / lq/2012 ~.y Reference~ed Z~BA Decisions (3) Leslie Kanes Weisman, Chairperson7//~2012 Approved for Filing Resolution Adopted'/ UL"2 4 2012