HomeMy WebLinkAboutZBA-01/03/2013 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, JANUARY 3, 2013
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 January 3, 2013 commencing at 9:00 A.M.
Present were:
Leslie Kanes Weisman, Chairperson/Member
Gerard P. Goehringer, Vice Chairperson/Member
George Horning, Member 0eft 2:24 p.m.)
Ken Schneider, Member
James Dinizio, Member
Jennifer Andaloro, Asst. Town Attorney
Vicki Toth, ZBA Secretary
9:05 A.M. Chairperson Weisman called the meeting to order.
9:05 A.M. Motion was offered by Chairperson Weisman seconded by Member Goehringer, to
enter into work session to conduct the yearly Organizational Meeting. Vote of the Board:
Aves: All. This Resolution was duly adopted (5-0).
a. BOARD RESOLUTION: Motion offered by Chairperson Weisman, seconded by
Member Goehringer, to re-adopt as written, no changes, the ZBA Code of Conduct.
Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
b. BOARD RESOLUTION: Motion offered by Member Horning, seconded by Member
Dinizio, to adopt the amendments to ZBA Procedural Guidelines. Vote of the Board:
Ayes: All. This Resolution was duly adopted (5-0).
c. Review of Special Exception Permits.
9:54 A.M. Motion was offered by Chairperson Weisman, seconded by Member Dinizio, to enter
Executive Session. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
10:33 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 (5-0).
Page 2 - Minutes
Regular Meeting held January 3, 2013
Southold Town Zoning Board of Appeals
10:44 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;
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):
THOMAS SPURGE - #6615
MARIUSZ JACHIMOWICZ - #6612
NEW SUFFOLK WATERFRONT FUND, INC. and ROBIN'S ISLAND
HOLDINGS, LLC - #6616
NEW SUFFOLK WATERFRONT FUND, INC. - #6617
PETER and DIANE MOLLICA - #6618
BETTY HERMANN - #6614
MICHAEL J. HIRSCHHORN #6619
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:
10:45 A.M. - THOMAS SPURGE - #6615 by Amy Martin, agent. Request for Variance
from Article XXIII Section 280-124 and the Building Inspector's October 12, 2012
Notice of Disapproval based on an application for building permit for additions and
alterations to existing single family dwelling: 1) less than the code required minimum
rear yard setback of 35 feet, located at: 3145 Manhanset Avenue Greenport, NY.
SCTM#1000-43-1-7 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).
10:55 A.M. - MARIUSZ JACHIMOWICZ - #6612 by Eric Dantes, agent and Mariusz
Jachimowicz, owner. Request for Variances from Article XXIII Code Section 280-123
and the Building Inspector's November 9, 2012 Notice of Disapproval based on an
application for building permit for "as built" alteration/addition to an existing dwelling
at; 1) a nonconforming building containing a nonconforming use shall not be enlarged,
reconstructed, structurally altered or moved, unless the use of such building is
changed to a conforming use, the "as built" structure is considered a second dwelling
on the property, located at: 9395 Main Road Mattituck, NY. SCTM#1000-122-6-18
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).
Page 3 - Minutes
Regular Meeting held January 3, 2013
Southold Town Zoning Board of Appeals
11:04 A.M. - NEW SUFFOLK WATERFRONT FUND, INC. and ROBIN'S ISLAND
HOLDINGS, LLC - #6616 by Abigail Wickham, agent, Barbara Schnitzler,
Chairperson of New Suffolk Waterfront Fund, Joseph Fischetti, engineer, Lauren
Grant, resident, Diane Harkoff, resident, Thomas Skally, resident, George Maul,
resident, Stefan Roussan, resident, Susan Dingle, resident. Request for Variances
from Art. XIII Code Section 280-56 and the Building Inspector's September 18, 2012
Notice of Disapproval based on an application for a permit for a minor subdivision at;
1) lot size less than the code required 80,000 sq. ft. per Bulk schedule in MII District,
2) lot size less than the code required 160,000 sq. ft. for the proposed second use,
located at: 650 and 380 First Street (corner Jackson Street, Main Street) (adj. to
Cutchogue Harbor) New Suffolk, NY. SCTM#1000-117-8-18&19
NEW SUFFOLK WATERFRONT FUND, INC. - #6617 - Request for Special Exception
per Article XIII Section 280-55 (B) 1 to operate a restaurant in a Marine II (MII)
District, located at: 650 First Street (corner Jackson Street, Main Street) (adj. to
Cutchogue Harbor) New Suffolk, NY. SCTM#1000-117-8-18 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 to executive session. Vote of the Board: Aves: All.
12:46 P. M. Motion was offered by Member Horning, seconded by Chairperson
Weismgn to exit executive session. Vote of the Board: Ayes: All.
12:47 P. M. Motion was offered by Chairperson Weisman, seconded by Member
Goehringer, to reconvene the meeting and resume the public hearing re: New Suffolk
Waterfront Fund, Inc., and Robin's Island Holdings, LLC, #6616 & 6617. Vote of the
Board: Aves: All.
12:47 P.M. - NEW SUFFOLK WATERFRONT FUND, INC. and ROBIN'S ISLAND
HOLDINGS, LLC - #6616 by Abigail Wickham, agent, Barbara Schnitzler,
Chairperson of New Suffolk Waterfront Fund, Joseph Fischetti, engineer, Lauren
Grant, resident, Diane Harkoff, resident, Thomas Skally, resident, George Maul,
resident, Stefan Roussan, resident, Susan Dingle, resident. Request for Variances
from Art. XIII Code Section 280-56 and the Building Inspector's September 18, 2012
Notice of Disapproval based on an application for a permit for a minor subdivision at;
1) lot size less than the code required 80,000 sq. ft. per Bulk schedule in MII District,
2) lot size less than the code required 160,000 sq. ft. for the proposed second use,
located at: 650 and 380 First Street (corner Jackson Street, Main Street) (adj. to
Cutchogue Harbor) New Suffolk, NY. SCTM#1000-117-8-18&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).
NEW SUFFOLK WATERFRONT FUND, INC. - #6617 - Request for Special Exception
per Article XIII Section 280-55 (B) 1 to operate a restaurant in a Marine II (MII)
District, located at: 650 First Street (corner Jackson Street, Main Street) (adj. to
Cutchogue Harbor) New Suffolk, NY. SCTM#1000-117-8-18 BOARD RESOLUTION:
(Please see transcript of written statements prepared under separate cover.) After
receiving testimony, motion was offered by Chairperson Weisman~ seconded by
Page 4 - Minutes
Regular Meeting held January 3, 2013
Southold Town Zoning Board of Appeals
Member Goehringer, to adjourn this hearing to February 7, 2013 at 10:00 A.M., subiect
to receipt of: as built site plan showing septic location, septic elevation and proposed
parking. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
12:57 P.M. - PETER and DIANE MOLLICA - #6618 - Request for Variance from
Article III Code Section 280-15 and the Building Inspector's December 3, 2012 Notice
of Disapproval based on an application for building permit for an accessory in-ground
swimming pool at: 1) accessory in-ground swimming pool is proposed in a location
ether than the code required rear yard, located at: 50 Schooner Drive (corner Anchor
Lane) Southold, NY. SCTM#1000-79-4-2 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 close the hearing reserving decision. Vote of the Board: Ayes: All. This
Resolution was duly adopted (5-0).
1:07 P.M. - BETTY HERMANN - #6614 by Robert Leonard, agent. 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: 305 North Bayview Road, Extension, Southold, NY.
SCTM#1000-78-8-16.1 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 subject to receipt of revised survey showing proposed
driveway with parking for three vehicles and scaled down deck. Vote of the Board:
Aves: All. This Resolution was duly adopted (5-0).
1:21 P.M. - MICHAEL J. HIRSCHHORN #6619 by James Laird, agent and Bruce
Anderson, agent. Request for Variances from Article XXIII Section 280-122A and the
Building Inspector's December 4, 2012 Notice of Disapproval based on an application
for building permit for additions and alterations to an existing dwelling at: (1) a
nonconforming building containing a conforming use shall not be enlarged,
reconstructed or structurally altered or moved, provided such action does not create
any new nonconformance or increase the degree of nonconformance, Pursuant to the
interpretation of Walz (5039) such alterations will thus constitute an increase in the
degree of nonconformance: (a) less than the minimum side yard setback of 10 feet, (b)
less than the minimum combined side yard setbacks of 25 feet, located at: 280 Sound
Avenue (adj. to Long Island Sound) Peconic, NY. SCTM#1000-67-1-7 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 labeled and dated architectural plans, character of neighbor~ re: variances.
Vote of the Board: Aves: All. This Resolution was duly adopted (5-0).
RESOLUTIONS
A. Reminder Confirmation: The Chairperson confirmed the next Special Meeting
Page 5 - Minutes
Regular Meeting held January 3, 2013
Southold Town Zoning Board of Appeals
date for January 17, 2013 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 February 7, 2013 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
December 20, 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.
There being no other business properly coming before the Board at this time,
Chairperson declared the meeting adjourned. The meeting was adjourned at 1:38 P.M.
Re~,ect fullyt~bm!t~e d,
VickiToth / /1~/2013
Include_~efere. nce: Filed ZBA ~ecisions (0)
Leslie Kanes Weisman, Chairperson/' /[02013
Approved for Filing Resolution Adopted/