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Home My WebLink AboutZBA-08/02/2012 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://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 MINUTES REGULAR MEETING THURSDAY, AUGUST 2, 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 August 2, 2012 commencing at 8:30 A.M. Present were: Leshe Kanes Weisman, Chairperson/Member Gerard P. Goehringer, Vice Chairperson]Member (left 1:30 p.m.) Ken Schneider, Member George Horning, Member James Dinizio, Member 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 Ooehringer, to enter into Executive for attorney/client advice. Vote of the Board: Ayes: All. This Resolution was duly adonted (4-0). Member Dinizio was out of the room. 10:04 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). The Board proceeded with the first item on the Agenda as follows: DELIBERATIONS/POSSIBLE DECISION: The Board commenced dehberations on the following application. The original determination of the following application as decided is filed with the Southold Town Clerk: DENIED PAUL A. and ELIZABETH L. REINCKENS #6573 Vote of the Board: Aves: Members Weisman (Chairnerson). Goehringer. Schneider, Horning. Nay: Member Dimzio. This Resolution was duly adonted (4-1). Page 2 - Minutes Regular Meeting held August 2, 2012 Southold Town Zoning Board of Appeals 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: Tvoe II Actions (No further steps- setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests): MURRAY GAYLORD #6585 BREWER YACHT YARD @ GREENPORT, INC. #6581 FRANCIS D'HAENE #6580 VINCENT and EILEEN FLAHERTY #6583 CHRISTOPHER M. and PATRICIA F. McCARTHY #6582 DENISE GEIS #6579 COLLEEN McDONOUGH and HELEN HOOKE #6584 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: 10:09 A.M. - ALAN FIDELLOW #6578 (Adj. from July 5, 2012) by Bruce Anderson, SEC; Don Feiler, Architect; M. Verity, Building Inspector; Nick Vercollone, Relative. 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 transcriot of written statements prepared under seoarate cover.) After receiving testimony, motion was offered bv Chairperson Weisman. seconded bv Member Goehringer. to close the hearing subiect to receipt of uodated Notice of Disaooroval showing oartial demo and uodated survey showing non- habitable accessory. Vote of the Board: Aves: All. This Resolution was duly adopted (5- 11:05 A.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to take a short recess. Vote of the Board: Ayes: All. 11:14 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 August 2, 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: 11:15 A.M. - MURRAY GAYLORD #6585 by Bruce Anderson, SEC; Joseph Fischetti, Engineer and Henry Raynor, neighbor in favor. Request for Variances from Article XXII Code Section 280-116(B) and Article XXIII Section 280-124 based on an application for building permit and the Building Inspector's June 21, 2012 Notice of Disapproval for demolition and reconstruction of 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 15 feet, 3) less than the code required rear yard setback of 50 feet, located at: 765 Beechwood Road (adj. to Great Peconic Bay) Cutchogue, NY. SCTM #1000-116-4-20.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered bv Chairoerson Weisman. seconded bv Member Goehringer. to close the hearing reserving decision. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). 11:44 A.M. Member Goehringer out of room. 11:50 A.M. Member Goehringer returned. 11:45 A.M. - BREWER YACHT YARD @ GREENPORT. INC. #6581 by Bruce Anderson, SEC. Request for Variance from Article XXII Code Section 280.116(B) based on an application for building permit and the Building Inspector's May 24, 2012 Notice of Disapproval concerning permit to demolish and construct a boat storage and office/storage building, at; 1) proposed structures at less than the code required bulkhead setback of 75 feet, located at: 1410 Manhasset Avenue (adj. to Sterling Creek and Sterling Basin) Greenport, NY. SCTM #1000-36-1-1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered bv 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). 12:03 P.M. - FRANCIS D'HAENE #6580 by Bruce Anderson and James Laid, SEC. Request for Variance from Article III Code Section 280-15 and the Building Inspector's May 21, 2012 Notice of Disapproval based on an application for building permit for an "as built" accessory in-ground swimming pool at: 1) "as built" in-ground swimming pool is located in a location other than the code required rear yard, located at: 8555 Main Bayview Southold, NY SCTM #1000-78-9-4. BOARD RESOLUTION: (Please see transcript of written statements orepared under separate cover.) After receiving testimony, motion was offered bv Chairverson Weisman, seconded by Member Goehringer. to close the hearing reserving decision. Vote of the Board: Aves: AIL This Resolution was duly adopted (5-0). 12:12 P.M. - VINCENT and EILEEN FLAHERTY #6583 by P. Moore, Esq., and Thomas Samuels, Architect. Request for Variances from Article XXII Code Section 280-116 and Article III Code Section 280-15 based on an application for building Page 4 - Minutes Regular Meeting held August 2, 2012 Southold Town Zoning Board of Appeals permit and the Building Inspector's April 30, 2012 Notice of Disapproval concerning permit to construction additions and alterations to a single family dwelhng, at: 1) proposed construction at less than the code required bulkhead setback of 75 feet, 2) upon construction accessory garage will be located in other than the code required rear yard, located at: 470 Inlet Way (adj. to Fairhaven Inlet, T~he Inlet and Little Peconic Bay) Southold, NY. SCTM #1000-92-1-8. BOARD RESOLUTION: (Please see transcript of written statements oreoared under seoarate cover.) After receiving testimony, motion was offered bv Chairperson Weisman. seconded bv Member Goehrin~er. to close the hearin~ reservin~ decision subject to receiot of amended site ~lan showing no drvwells in flood zone: title search: deed; and letter from HOA granting ~ermission for garage in R-O-W. Vote of the Board: Ayes: All. This Resolution was duly adooted (5-0). 1:15 P.M. CHRISTOPHER M. and PATRICIA F. McCARTHY #6582 by P. Moore, Esq. Request for Variances from Article IV Code Section 280-18, based on an application for building permit and the Building Inspector's May 23, 2012 Notice of Disapproval concerning proposed construction of an addition to a single family dwelling, at: (1) less than the code required front yard setback of 50 feet on this corner lot, located at: 1460 Peconic Bay Blvd. (adj. to Private ROW), Laurel, NY. SCTM: 145-2-14, 15, 16. BOARD RESOLUTION: (Please see transcriot of written statements prepared under separate cover.) After receiving testimony, motion was offered bv Chairperson Weisman. seconded bv Member Goehringer. to close the hearing reserving decision. Vote of the Board: Aves: Ail. 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. 1:30 P.M. Member Goehringer left. 1:45 P.M. Motion was offered by Chairperson Weisman, seconded by Member Schneider, to reconvene the meeting. Vote of the Board: Ayes: All. (Member Goehringer was absent). PUBLIC HEARINGS (continued): The following pubhc hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 1:46 P.M. DENISE GEIS #6579 by Denise Gels, owner; Patricia Morgan, neighbor against. Request for Variance from Article III Code Section 280-15, based on an application for building permit and the Building Inspector's May 1, 2012 Notice of Disapproval concerning "as built" reconstruction of an accessory shed at; less than the minimum code required rear yard setback of 3 feet, located at: 2250 Sigsbee Road Mattituck, NY. SCTM #1000-144-1-20.2. BOARD RESOLUTION: (Please see transcriot of written statements oreoared under seoarate cover.) After receiving, testimony, motion was offered bv Chairoerson Weisman. seconded by Member Dinizio, to adiourn the hearing to Seotember 6. 2012 at 10 AM oending receiot of uvdated survey. Vote of the Board: Aves: Ail. This Resolution was dnlv ado~ted (3-0). Members Homing and Goehringer were absent. 2:34 P.M. Member Homing left the room. Page 5 - Minutes Regular Meeting held August 2, 2012 Southold Town Zoning Board of Appeals 2:37 P.M. Motion was offered by Chairperson Weisman, seconded by Member Schneider, to take a short recess. Vote of the Board: Ayes: All. ( Members Horning and Goehringer were absent.) 2:42 P.M. Member Horning returned. 2:43 P.M. Motion was offered by Chairperson Weisman, seconded by Member Horning, to reconvene the meeting. Vote of the Board: Ayes: All. (Member Goehringer was absent). PUBLIC HEARINGS (conUmued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 2:44 P.M. - COLLEEN McDONOUGH and HELEN HOOKE #6584 by LeeAnn Romanelli, Agent and William Gibbons, neighbor in support. Request for Variance from Article III Code Section 280-15 based on an application for building permit and the Building Inspector's May 15, 2012 Notice of Disapproval concerning permit to construct accessory garage, at: 1) accessory garage will be located in other than the code required rear yard, located at: 27752 Main Road (Robin Road) Orient, NY. SCTM #1000-18-6-21.8. BOARD RESOLUTION: (Please see transcrivt of written statements prepared under separate cover.) After receivin~ testimony, motion was offered bv Chairoerson Weisman. seconded bv Member Schneider. to close the hearing reservin~ decision. Vote of the Board: Ayes: All. This Resolution was duly adooted (4-0). Member Goehringer was absent. RESOLUTIONS A. Reminder: The Chairperson confremed the next Special Meeting date of August 16, 2012 at 5:00 PM. RESOLUTION ADOPTED: Mo~on was offered by Chairperson Weisman, seconded by Member Homing to set the next Regular Meeting with Public Hearings to be held September 6, 2012 at 8:30 AM. Vote of the Board: Aves: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Schneider, to approve minutes from Special Meeting held July 19, 2012. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. WORK SESSION: A. Requests from Board Members for future agenda items. Page 6 - Minutes Regular Meeting held August 2, 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 2:59 P.M. Respectfully submitted, Vieki Toth Included by Reference: Filed ZBA Decisions (1) Leslie Kanes Weisman, Chairperson ~'//~2012 Approved for Filing Resolution Adopted~ AUG-2 0 20~