HomeMy WebLinkAboutZBA-11/01/2012 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 ! 1971
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
MINUTES
REGULAR MEETING
THURSDAY, NOVEMBER 1, 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 November 1, 2012 commencing at 9:00 A.M.
Present were:
Leslie Kanes Weisman, ChairpersonfMember
Gerard P. Goehringer, Vice Chairperson/Member
Ken Schneider, Member
James Dinizio, Member
Jennifer Andaloro, Asst. Town Attorney (left 10:55 am)
Vicki Toth, ZBA Secretary
Absent: George Homing, Member
9:02 A.M. Chairperson Weisman called the meeting to order.
9:02 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 Homing was absent.
10:01 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 (3-0). Member Horning was absent. Member Goehringer was out
of the room.
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:
Page 2 - Minutes
Regular Meeting held November 1, 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:
Type II Actions (No further steps- setback/dimensional/lot waiver/accessory
apartment/bed and breakfast requests):
MICHAEL and DEBRA THOMPSON #6600
EMILIA and ILYA KABAKOV #6602
DIANE B. RYAN #6601
JOSEPH M. MELLY #6603
DAVID KORCHIN and JOAN RENTZ #6604
MICHAEL and EMILY KAVOURIAS #6606
Vote of the Board: All. This resolution was duly adopted (4-0). Member Horning 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. - KIMOGENOR POINT, INC. (BINGHAM) #6550 by Tom Samuels,
Architect, Michael Verity, Chief Bldg. Inspector and Dan Bingham, owner. Re-opened
by Resolution for the sole purpose of reviewing the proposed construction method for
the foundation and the preservation of portions of the existing dwelling as described
and granted in the original decision #6550, 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.) ~fter receiving testimony, motion
was offered by Chairperson Weisman, seconded by Member Goehringer, to adiourn the
hearing to November 15, 2012 Special Meeting~ subject to new drawings and
elevations, foundation plan and site plan. Vote of the Board: Aves: All. This Resolution
was duly adopted (4-0). Member Horning was absent.
10:52 A. M. Motion was offered by Chairperson Weisman, seconded by Member
Goehringer, to take a short recess. Vote of the Board: Ayes: All. Member Horning
was absent.
10:59 A. M. Motion was offered by Chairperson Weisman, seconded by Member
Goehringer, to reconvene the meeting. Vote of the Board: Ayes: All. Member Horning
was absent.
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. - MICHAEL and DEBRA THOMPSON #6600 by Mark Schwartz, Agent.
Request for Variance from Article XXIII Section 280-122A and the Building Inspector's
September 20, 2012 Notice of Disapproval based on an application for building permit
Page 3 - Minutes
Regular Meeting held November 1, 2012
Southold Town Zoning Board of Appeals
for partial demolition and second story re-construction to an existing single family
dwelling at: 1) less than the code required minimum side yard setback of 15 feet, 2)
less than the code required combined side yard setbacks of 35 feet, located at: 9280
Nassau Point Road (adj. to Peconic Bay) Cutchogue, NY. SCTM #1000-118-6-6.
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 adiourn the hearing to November 15,
2012 Special Meeting, subiect to receipt of new site plan, updated Notice of
Disapproval and proposed roof pitch. Vote of the Board: Aves: AlL This Resolution was
duly adopted (4-0). Member Horning was absent.
11:16 A.M. - EMILIA and ILYA KABAKOV #6602 by Mark Schwartz, Agent, Sid
Beebe, Contractor and John Makucewicz, neighbor with concerns re: power line.
Request for Variances from Article III Section 280-15(B & C) and the Building
Inspector's September 24, 2012 Notice of Disapproval based on an application for
building permit to construct an addition to an existing accessory building at: 1) more
than the code permitted maximum height of 22 feet, 2) more than the code permitted
square footage of 3% maximum, located at: 1700 Park Avenue (adj. to Great Peconic
Bay) Mattituck, NY. SCTM#1000-123-8-5. 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 November 15, 2012 Special Meeting. subject to
receipt of exact addition size, and LIPA comments on impact on power lines and height
of poles. Vote of the Board: Aves: All. This Resolution was duly adopted (4-0). Member
Horning was absent.
11:44 A.M. - DIANE B. RYAN #6601 by Doug McGahan, Agent. Request for Variance
from Article XXIII Section 280-124 and the Building Inspector's September 18, 2012
Notice of Disapproval based on an application for building permit for partial
demolition and additions/alterations to an existing single family seasonal dwelling at:
1) less than the code required front yard setback of 40 feet, both streets on this corner
lot, located at: 320 Fleetwood Road (corner Hamilton Avenue) Cutchogue, NY. SCTM
#1000-110-4-13. 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 adiourn the hearing to
November 15, 2012 Special Meeting, subject to receipt of total square footage of
~)ro~osed porch, percentage of proposed porch encroaching into conforming front yard
setback, and examples of non-conforming front yard setbacks along Fleetwood. Vote of
the Board: Aves: Ail. This Resolution was duly adopted (4-0). Member Homing was
absent.
12:06 P. M. Motion was offered by Chairperson Weisman, seconded by Member
Goehringer, to take a short recess. Vote of the Board: Ayes: All. Member Horning
was absent.
12:10 P. M. Motion was offered by Chairperson Weisman, seconded by Member
Goehringer, to reconvene the meeting. Vote of the Board: Ayes: Ail. Member Horning
was absent.
Page 4 - Minutes
Regular Meeting held November 1, 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:
12:11 P.M. - DAVID KORCHIN and JOAN RENTZ #6604 by Meryl Kramer, Agent.
Request for Variances from Article XXIII Section 280-124 and the Building Inspector's
July 27, 2012, updated October 4, 2012 Notice of Disapproval based on an application
for building permit for "as built" shed and deck addition to an existing single family
dwelling at: 1) less than the code-required minimum side yard setback of 10 feet; 2)
less than the code required rear yard setback of 35 feet, located at: 2085 Bay Avenue
(adj. to Marion Lake) East Marion, NY. SCTM #1000-31-17-3. 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 November 15, 2012 Special Meeting.
Vote of the Board: Aves: All. This Resolution was duly adopted (4-0). Member Horning
was absent.
12:27 P. M. Motion was offered by Chairperson Weisman, seconded by Member
Goehringer, to take a short recess. Vote of the Board: Ayes: All. Member Horning
was absent.
1:06 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 out of the room and Member Horning was absent.
PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson
Weisman introducing each application and reading of the Legal Notice as published:
1:07 P.M. - JOSEPH M. MELLY #6603 by Leeann RomaneHi, Agent. This is a request
for a Waiver of Merger under Article II, Section 280-10A, to unmerge land identified as
SCTM #1000-104-2724, based on the Building Inspector's June 14, 2012, updated
September 10, 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 1000-104-2-23, located at: 1375
and 1475 Sterhng Road (corner Horton Road) Cutchogue, NY. SCTM#'s 1000-104-2-24
& 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 November 15,
2012 Special Meeting. Vote of the Board: Ayes: All. This Resolution was duly adooted
(3-0). Member Schneider was out of the room and Member Homing was absent.
RESOLUTIONS
A. Reminder Confirmation: The Chairperson confirmed the next Special Meeting
date for November 15, 2012 at 5:00 PM.
Page 5 - Minutes
Regular Meeting held November 1, 2012
Southold Town Zoning Board of Appeals
RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman,
seconded by Member Goehringer to set the next Regular Meeting with Public
Hearings to be held December 6, 2012 at 8:30 AM. Vote of the Board: Aves: All.
This Resolution was duly adopted (3-0). Member Schneider was out of the room
and Member Horuing was absent.
RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman,
seconded by Member Goehringer, to approve minutes from Special Meeting held
October 18, 2012. Vote of the Board: Ayes: All. This Resolution was duly
adopted (3-0). Member Schneider was out of the room and Member Homing was
absent.
WORK SESSION:
A. Requests from Board Members for future agenda items.
B. ZBA Training seminar by ATA Andaloro rescheduled to December 6, 2012.
C. Discussion of Board Member's responsibilities for writing draft decisions
1:19 P.M. Member Schneider returned.
1:20 P.M. - BEE-HIVE DEVELOPMENT CORP. #6605 by Pat Moore, Agent and
Virginia Feder, neighbor. Request for Variance from Article XXII, Section 280-116(B),
based on the Building Inspector's August 14, 2012 Notice of Disapproval concerning an
application for construction of a new single family dwelling at: 1) less than the code-
required minimum setback of 75 feet from a bulkhead, located at; 400 Old Cove Blvd.
(corner Beverly Rd.) (adj. to Arshamomaque Pond aka Mill Creek) Southold, NY.
SCTM#1000-52-2-14. 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 November 15~ 2012 Special Meeting. Vote of the Board: Aves: All. This
Resolution was duly adopted (4-0). Member Horning was absent.
1:52 P.M. - MICHAEL and EMILY KAVOURIAS #6606 - No appearance. Request for
Variance from Article XXIII Section 280-124 and the Building Inspector's October 2,
2012 Notice of Disapproval based on an application for building permit for additions
and alterations to an existing dwelling at: 1) less than the code required front yard
setback of 40 feet, both streets on this corner lot, located at: 1240 Inlet Drive (corner
Miriam Road) Mattituck, NY SCTM #1000-99-2-6. BOARD RESOLUTION: (Please
see transcript of written statements prepared under separate cover.) After opening the
hearing with no appearance, motion was offered by Chairperson Weisman, seconded by
Member Schneider, to adjourn the hearing to December 6, 2012 at 10:00 am. Vote of
the Board: Aves: All. This Resolution was duly adopted (4-0). Member Horning was
absent.
Page 6 - Minutes
Regular Meeting held November 1, 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 1:52 P.M.
Re spect fully~fil~mitt~ d,
Vicki Toth // / t~[/2012
Included by Reference: Filed ZBA Decisions (0)
Leslie Kanes Weisman, Chairpersonff /~o/20 lg
Approved for Filing Resolution Adopted
0 201