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Home My WebLink AboutZBA-12/06/2012 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, DECEMBER 6, 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 December 6, 2012 commencing at 8:30 A.M. Present were: Leslie Kanes Weisman, Chairperson/Member Gerard P. Goehringer, Vice Chairperson/Member George Horning, Member (left 2:24 p.m.) Ken Schneider, Member James Dinizio, Member Jennifer Andaloro, Asst. Town Attorney Vicki Toth, ZBA Secretary 8:39 A.M. Chairperson Weisman called the meeting to order. 8:40 A.M. Motion was offered by Chairperson Weisman seconded by Member Horning, to enter into Executive Session for Attorney/Client advice. Vote of the Board: Ages: All. This Resolution was duly adopted (4-0). Member Schneider was not in the room. 10:18 A.M. Motion was offered by Chairperson Weisman, seconded by Member Horning, to exit Executive Session and reconvene the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Goehringer was out of the room. 10:20 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: STATE ENVIRONMENTAL QUALITY REVIEWS; A. BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Homing, to declare the following Declarations with No Adverse Effect for the following projects as applied: Page 2 - Minutes Regular Meeting held December 6, 2012 Southold Town Zoning Board of Appeals Type I1 Actions (No further steps- setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests): DENIS and SUZANA LIPOVAC #6607 CHLOEM, LLC - #6608 ROBERT CORAZZINI - #6609 ROBERT M. SCHREIBER - #6610 JOHN M. and FRANCES C. DIVELLO #6613 DANIEL DEVITO #6611 Vote of the Board: All. This resolution was duly adopted (4-0). Member Goehringer was out of the room. PUBLIC HEARINGS: The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 10:26 A.M. - MICHAEL and EMILY KAVOURIAS #6606 - (adjourned from November 1, 2012). Michael Macrina, Architect/Agent; David Prokop, Attorney for Park District adjacent neighbor; Gerard Goehringer, Park Commissioner. 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 receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Horning, to close the hearing subject to: 1. description of type of re-vegetation on Park property; 2. average setback on Inlet Drive; 3. other variances in the area; 4. year house was built and when applicant purchased it. Vote of the Board: Aves: All. This Resolution was duly adopted (4-0). Member Goehringer recused himself. 11:11 A.M. - DENIS and SUZANA LIPOVAC #6607 by Denis Lipovac, owner. Request for Variances from Article XXIII Code Section 280-124, based on an application for building permit and the Building Inspector's September 4, 2012 Notice of Disapproval regarding proposed accessory in-ground swimming pool, at; 1) more than the code permitted maximum 20% lot coverage; located at: 5220 Stillwater Avenue Cutchogue, NY. SCTM#1000-137-2-14. 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 close the hearing subject to: 1. Specs from pool company re: water removal; 2. Location of pool filter in sound proof enclosure. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:18 A.M. - CHLOEM, LLC #6608 by Brett Keil, Agent and Nathan Andruski, in support. Request for Special Exception per Article XIII Section 280-55B (1 & 5) to operate a restaurant and fish market in a Marine II (MII) District. Located at: 64755 Route 25, Greenport, NY. SCTM #1000-56-4-22. BOARD RESOLUTION: (Please see Page 3 - Minutes Regular Meeting held December 6, 2012 Southold Town Zoning Board of Appeals 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). 11:30 A.M. - ROBERT CORAZZINI #6609 by Bill Kelly, Agent and Robert Corazzini, Jr., owner. Request for Variance from Article III, Code Section 280-15 and the Building Inspector's July 27, 2012, updated November 1, 2012 Notice of Disapproval based on a building permit application to construct an accessory garage, at: 1) more than the code required maximum square footage of 660 sq. ft. on lots containing less than 20,000 sq. ft., located at: 33195 Main Road Cutchogue, NY. SCTM #1000-97-1-4. 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). 11:48 A.M. - ROBERT M. SCHREIBER #6610 by Amy O'Donnell, Agent and Robert Schreiber, 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, located at; 6175 Oregon Road Cutchogue, NY. SCTM #1000-95-1-4.2. 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 adjourn the hearing without a date subject to: pre CO and revised plans meetin~ State Code for apartment. Vote of the Board: Aves: All. This Resolution was duly adopted (5- 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. 12:11 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: 12:11 P.M. - DANIEL DEVITO #6611 by David Cichanowicz, Agent and P. Moore, Esq., for neighbor Macari, against location. Request for Variance from Article III Code Section 280-15 and the Building Inspector's November 2, 2012 Notice of Disapproval based on an application for building permit for an accessory in-ground pool and pool house; 1) location other than the code permitted front yard or rear yard on waterfront property, located at: 750 Paradise Point Road (adj. to Shelter Island Sound) Southold, NY. SCTM #1000-81-3-26.1. 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 recess the pubhc hearing. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). Page 4 - Minutes Regular Meeting held December 6, 2012 Southold Town Zoning Board of Appeals 12:54 P.M. - JOHN M. and FRANCES C. DIVELLO #6613 by Abigail Wickham, Agent and Joseph Petrauskas Sr., neighbor against. Request for Variances under Article III Section 280-39 and the Building Inspector's July 27, 2012, updated October 31, 2012 Notice of Disapproval based on an application for building permit for a lot line change, at: Proposed Lot #32 - 1) less than the code required minimum lot size of 40,000 sq. ft., 2) less than the code required front yard setback of 50 feet; located at: 305 Hill Street (corner Mary's Avenue) & 800 Wickham Avenue (corner Hill Street) Mattituck, NY. SCTM#'s-1000-140-2-32 & 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 close the hearing reserving decision subiect to receipt of revised survey. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). 1:23 P.M. Motion was offered by Chairperson Weisman seconded by Member Goelu-inger to resume public hearing re: Daniel DeVito #6611. Vote of the Board: Ayes: All. This Resolution was duW adopted (5-0). DANIEL DEVITO #6611 by David Cichanowicz, Agent and P. Moore, Esq., for neighbor Macari, against location. Request for Variance from Article III Code Section 280-15 and the Building Inspector's November 2, 2012 Notice of Disapproval based on an application for building permit for an accessory in-ground pool and pool house; 1) location other than the code permitted front yard or rear yard on waterfront property, located at: 750 Paradise Point Road (adj. to Shelter Island Sound) Southold, NY. SCTM #1000-81-3-26.1. 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 adjourn to December 20~ 2012 subiect to receipt of: 1. Character of the neighborhood; 2. amended site plan; 3. Comments from neighbor - written only. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS 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: APPROVED AS APPLIED: MICHAEL and DEBRA THOMPSON #6600 PECONIC LANDING AT SOUTHOLD, INC. #6591 CONDITIONAL APPROVAL: EMILIA and ILYA KABAKOV #6602 JOSEPH M. MELLY #6603 Page 5 - Minutes Regular Meeting held December 6, 2012 Southold Town Zoning Board of Appeals RESOLUTIONS A. Reminder Confirmation: The Chairperson confirmed the next Special Meeting date for December 20, 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 January 3, 2012 at 9:00 AM. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to approve minutes from Special Meeting held November 15, 2012. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). WORK SESSION: A. Requests from Board Members for future agenda items. B. Responsibilities of Board Members for writing draft decisions. There being no other business properly coming before the Board at this time, Chairperson declared the meeting adjourned. The meeting was adjourned at 2:43 P.M. Vicki Toth /~/c~¥2012 Included~y Reference: Filed ZBA Decisions (4) Leslie Kanes Weisman, Chairperson/t"~.,~/_/2012 Approved for Filing Resolution Adopted' i~ DEC'"'2 8 2 01 _