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Home My WebLink AboutZBA-02/07/2013 BOARD MEMBERS Leslie Kanes Weisman, Chairperson Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 htr p://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 MINUTES REGULAR MEETING THURSDAY, FEBRUARY 7, 2013 M~AR'" 7 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 February 7, 2013 commencing at 9:00 A.M. Present were; Leslie Kanes Weisman, 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 Absent was: Gerard P. Goehringer, Vice Chairperson/Member 9:00 A.M. Chairperson Weisman called the meeting to order. 9:02 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 (4-0). Member Goehringer was absent. 9:56 A.M. Motion was offered by Chairperson Weisman, seconded by Member Dinizio, to exit Executive Session and reconvene the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. The Board proceeded with the first item on the Agenda as follows: DELIBERATIONS/POSSIBLE DECISION: The Board commenced deliberations on the following application. The original determination of the following application as decided is filed with the Southold Town Clerk: Page 2 - Minutes Regular Meeting held February 7, 2013 Southold Town Zoning Board of Appeals CONDITIONAL APPROVAL NEW SUFFOLK WATERFRONT FUND, INC. and ROBINS ISLAND HOLDINGS, LLC - #6616 Vote of the Board: Aves: Members Weisman (Chairperson), Schneider, Horning, D~,~izla. This Resolution was duly adopted (4-0). Member Goehringer was absent. 10:09 A.M. Chairperson Weisman called the public hearings to order with the Pledge of Allegiance. The Board proceeded with the Agenda as follows: STATE ENVIRONMENTAL QUALITY REVIEWS; BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Schneider, 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): PETER and TERESA BENOTTI - #6623 SHAMGAR CAPITAL, LLC (DANIEL BUTTAFUOCO) #6620 BREEZY SHORES COMMUNITY, INC. (NAOMI MULLMAN) - #6622 MMMM BEER, LLC. - #6621 ROBERT HOEY - #6624 Vote of the Board: All. This resolution was duly adopted (4-0). Member Goehringer was absent. PUBLIC HEARINGS: The fo]lowing public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 10:12 A.M. - NEW SUFFOLK WATERFRONT FUND, INC. - #6617 - by Gail Wickham, agent and Joseph Fischetti, engineer, Barbara Schnitzler, Chair NSWF, George Maul, resident, Ted Victoria, resident, Joni Friedman, resident. (adj. from PH 1/3/13) Request for Special Exception per Article XIII Section 280-55 (B) i 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 Schneider, to close the hearing, subiect to written comments only until February 14, 2013 and reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 11:04 A.M. - ROBERT HOEY - #6624 - by Patricia Moore, agent. Request for Variance from Article III Code Section 280-15 and the Building Inspector's November 2, 2012, Updated January 3, 2013 Notice of Disapproval based on an application for building permit for an accessory two car garage with shed and loft, at: l) accessory building is Page 3 - Minutes Regular Meeting held February 7, 2013 Southold Town Zoning Board of Appeals proposed in a location other than the code required rear yard, located at: Private Road (aka Treasure Pond Road) OffEast End Road Fishers Island, NY. SCTM#1000-8-2- 4BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Dinizio, to close the hearing subiect to receipt of proposed use of loft area finished or unfinished including utilities proposed, written explanation from architect as to why the accessory garage cannot be attached to the dwelling and a Google map showing distance of ~ara~e to adioinin~ neighbors. Vote of the Board: Ayes: All. This Resolution was duiV adopted (4-0). Member Goehringer was absent. 11:28 A.M. - SHAMGAR CAPITAL, LLC (DANIEL BUTTAFUOCO) #6620 - Request by letter from Gerard Meyer, Architect, agent for owner dated February 4, 2013 asking for and adjournment. Request for Variance from Article III Section 280-14 and the Building Inspector's October 21, 2012 Notice of Disapproval based on an application for building permit for construction of a third stow addition at: 1) more than the code required number of stories of 21/2, located at: 1165 Kimberly Lane ( adj. to Southolcl Bay) Southold, NY. SCTM#1000-70-13-20.7. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) Motion offer by Chairperson Weisman, seconded by Member Homing, to adiourn the hearin~ to March 7. 2013 at 10:00 A.M. Vote of the Board: Aves: All. This Resolution was duly adopted (4-0). Member Goehrin~er was absent. 11:30 A.M. - BOARD RESOLUTION: Motion offered by Chairperson Weisman, seconded by Member Schneider, to re-open hearing #6536 Douglas C. and Kathleen M. Folts~ per request from Mark Schwartz, agent, in a letter dated January 17~ 2013. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 11:31 A.M. - MMMM BEER, LLC. - #6621 - by Richard Vandenburgh, owner/principal, Dave LaFreniere, neighbor in favor, David Chicanowicz, architect in favor. Request for Variance from Article XI Section 280-47 and the Building Inspector's December 12, 2012 Notice of Disapproval based on an application for building permit for demolition and reconstruction of a portion of an existing commercial building at: 1) less than the code required front yard setback of 100 feet, located at: 42155 Main Road aka State Route 25 (corner Peconic Lane) Peconic, NY. SCTM#1000-75-1-14. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Dinizio, to close the hearing reserving decision. Vote of the Board: Aves: All. This Resolution was duly adopted (4~0). Member Goehringer was absent. 11:40 A.M. - PETER and TERESA BENOTTI - #6623 - by Dr. Peter Benotti, owner. Requests for Variances under Sections 280-105 II (A and B), based on the Building InspectoFs November 15, 2012 Notice of Disapproval concerning "as built" 5 foot high fence and "as built" 8 foot high deer fence around a single family dwelling, at: 1) fence height at more than the code permitted four feet in height when located in a front yard, 2) fence height at more than the code permitted 6 ½ feet in height when located in the side and rear yards, at 930 Clearview Road, (adj. to Cedar Beach Harbor) Southold; CTM 1000-89-3-11.4. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion Page 4 - Minutes Regular Meeting held February 7, 2013 Southold Town Zoning Board of Appeals was offered by Chairperson Weisman, seconded by Member Dinizio, to close the hearing reserving decision. Vote of the Board: Aves: AlL This Resolution was duly adopted (4-0). Member Goehringer was absent. 12:17 P.M. - Motion offered by Chairperson Weisman, seconded by Member Dinizio to recess. Vote of the Board: Ayes: All. Member Goehringer was absent. 1:06 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 public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 1:00 P.M. - BREEZY SHORES COMMUNITY, INC. (NAOMI MULLMAN) - #6622 - by Robert Herrmann, agent. David Mullman, architect, Joseph Fischetti, engineer, Helen Zarka, Board member Breezy Shores in favor, Donald Wilson. President Breezy Shores Board in favor, Mary Beth Petsky, Board member Breezy Shores in favor. Request for variances from Article XXIII Code Section 280-123, Article XXII Section 280-116 (B) and the Building Inspector's October 22, 2012 Notice of Disapproval based on an application for building permit for additions and alterations to a seasonal cottage at; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use, 2) less than the code required bulkhead setback of 75 feet, located at: #11 Breezy Shores Community, Inc., 65490 Main Road (aka State Route 25) aka Sage Blvd. (adj. to Shelter Island Sound) Greenport, NY. SCTM#1000-53-5-12.6. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Dinizio, to close the hearing reserving decision. Vote of the Board: Aves: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. RESOLUTIONS A. Reminder Confirmation: The Chairperson confirmed the next Special Meeting date for February 20, 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 March 7, 2013 at 9:00 AM. Vote of the Board: Aves: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. C. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to approve minutes from Special Meeting held Page 5 - Minutes Regular Meeting held February 7, 2013 Southold Town Zoning Board of Appeals January 17, 2013. Vote of the Board: Aves: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. WORK SESSION: A. Requests from Board Members for future agenda items. B. Discuss the FEMA memo from Supervisor Russell. There being no other business properly coming before the Board at this time, Chairperson declared the meeting adjourned. The meeting was adjourned at 1:51 P.M. In~l~ by Refere~c~ Filed ZBA Decisions (1)