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Home My WebLink AboutZBA-03/07/2013 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 http://southoldtown.northfbrk.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 MINUTES REGULAR MEETING THURSDAY, MARCH 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 March 7, 2013 commencing at 9:00 A.M. Present were: Leslie Kanes Weisman, ChairpersonfMember Gerard P. Goehringer, Vice Chairperson/Member Ken Schneider, Member Jennifer Andaloro, Asst. Town Attorney Vicki Toth, ZBA Secretary Absent was: George Homing, Member 9:00 A.M. Chairperson Weisman called the meeting to order. WORK SESSION: 1. Resjudicata 2. Kimogenor 3. Requests from Board Members for future agenda items - Merger Law discussion. 4. ATA Andaloro training proposals for Board Members for 2013. 9:55 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 Goehringer, to declare the following Declarations with No Adverse Effect for the following projects as applied: Page 2 - Minutes Regular Meeting held March 7, 2013 Southold Town Zoning Board of Appeals Type II Actions (No further steps- setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests): LAURA YANTSOS #6631 SHAMGAR CAPITAL, LLC (DANIEL BUTTAFUOCO) #6620 HARBOR VIEW FARM, LLC. d/b/a 8 HANDS #6625 GEORGE and LISA HAASE #6626 GREGORY and CAROL KARAS #6630 GEORGE LIKOKAS #6632 DANIEL MAHONEY #6628 RAYMOND STRONG #6629 VICKI TOTH #6627 Vote of the Board: All. This resolution was duly adopted (3-0). 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: 9:57 A.M. - LAURA YANTSOS #6631 by Laura Yantsos, owner. Request for Variances from Article XXII Code Section 280-116B and Article XXIII Code Section 280-124 and the Building Inspector's October 10, 2012, updated January 3, 2013 Notice of Disapproval based on an application for building permit for additions and alterations to existing single family dwelling at; 1) bulkhead setback of less than the code required 75 feet, 2) less than the code required minimum side yard setback of 10 feet, 3) less than the total combined side yards of 25 feet, 4) less than the code required front yard setback of 35 feet, located at: 3455 Bayshore Road (adj. to Shelter Island Sound) Greenport, NY. SCTM #1000-53-6-11.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 receiot of photos or surveys of neighbors setbacks in front and side yards and bulkheads. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). Member Hornine was absent. 10:17 A.M. - SHAMGAR CAPITAL, LLC (DANIEL BUTTAFUOCO] #6620 by Gerard E. Meyer, Agent and Lisa Davidoff, neighbor with concerns. (Adj. from February 7, 2013) 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 story addition at: 1) more than the code permitted number of stories of 21/2, located at: 1165 Kimberly Lane ( adj. to Southold Bay) Southold, NY. SCTM #1000-70-13-20.7. 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 subject to receipt of examples of 3rd floor habitable space - by variance. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). Member Homing was absent. 10:47 A.M. - Motion offered by Chairperson Weisman, seconded by Member Goehringer to recess. Vote of the Board: Ayes: All. Member Horning was absent. Page 3 - Minutes Regular Meeting held March 7, 2013 Southold Town Zoning Board of Appeals 10:50 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: 10:50 A.M. - HARBOR VIEW FARM, LLC. dfo/a 8 HANDS #6625 by Carol Festa; Tom Geppel; Jane Broderick, neighbor with concerns; Robert Glover, neighbor in favor. Request for Variance from Chapter 72, Article II, 72-5 (B), 72-6 (1 & 3) and the Building Inspector's October 17, 2012, updated January 8, 2013 Notice of Disapproval based on an application for building permit to convert a portion of an existing barn to a farm stand, at; 1) less than the code required setback of 50 feet from the road, 2) the criteria of bona fide agricultural production has not been shown, located at: 5000 Cox Lane, Cutchogue, NY. SCTM #1000-96-2-10.1. 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. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). Member Hornin~ was absent. 11:20 A.M. - GEORGE and LISA HAASE #6626 by George and Lisa Haase. Applicant request a Special Exception under Section 280-13B(14). The Applicant is the owner requesting authorization to establish an Accessory Bed and Breakfast, accessory and incidental to the residential occupancy in this single-family dwelling, with three (3) bedrooms for lodging and serving of breakfast to the B&B casual, transient roomers. Location of Property: 580 Skunk Lane Cutchogue, NY SCTM #1000-97-3-11.6. 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 close the hearing reserving decision. Vote of the Board: Aves: All. This Resolution was duly adopted (3-0). Member Hornin~ was absent. 11:24 A.M. ~ RJJ PROPERTIES. LLC #6633 by John Blakely, agent. Request for Variance from Article XXII Code Section 280-116(B) based on an application for building permit and the Building Inspector's February 5, 2013 Notice of Disapproval concerning a permit for a 12'X8" accessory shed, at; 1) proposed structure at less than the code required bulkhead setback of 75 feet, located at: 7225 Nassau Point Road (adj. to Peconic Bay) Cutchogue, NY. SCTM #1000-111-15-12. 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 hearin~ reservin~ decision subiect to receipt of co~)ies of variances for sheds in the neighborhood in similar locations and the character of the neighborhood. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). Member Horning was absent. 11:41 A.M. - GREGORY and CAROL KARAS #6630 by Pat Moore, Agent. Request for Variances from Article XXII Code Section 280-116A(1) and Article III Code Section 280-15 and the Building Inspector's January 24, 2013 Notice of Disapproval based on an application for building permit for an accessory imground pool; 1) top of bluff set back of less than the code required 100 feet, 2) location other than the code permitted Page 4 - Minutes Regular Meeting held March 7, 2013 Southold Town Zoning Board of Appeals front yard on waterfront property or rear yard, located at: 135 Soundview Road (adj. to Long Island Sound) Orient, NY. SCTM #1000-15-3-3. 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 close the hearing reserving decision. Vote of the Board: Aves: All. This Resolution was duly adopted (3-0). Member Homing was absent. 12:00 P.M. - GEORGE LIKOKAS #6632 by Stacey Bishop, Agent and George Likokas, owner. This is a request for a Waiver of Merger under Article II, Section 280-10A, to unmerge land identified as SCTM #1000-31-3-23, based on the Building Inspector's February 1, 2013 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. 12:16 P.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer to enter into Executive Session. 12:27 P.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer to exit Executive Session. 12:27 P.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer to reconvene the meeting. PUBLIC HEARINGS (continued): The following pubhc hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 12:28 P.M. - GEORGE LIKOKAS #6632 (Con't.) by Stacey Bishop, Agent and George Likokas, owner. This is a request for a Waiver of Merger under Article II, Section 280- 10A, to unmerge land identified as SCTM #1000-31-3-23, based on the Building Inspector's February 1, 2013 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. 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 (3-0). Member Homing was absent. 1:45 P.M. - Motion offered by Chairperson Weisman, seconded by Member Goehringer to recess. Vote of the Board: Ayes: AlL Member Horning was absent. 1:22 P.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. Page 5 - Minutes Regular Meeting held March 7, 2013 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: 1:23 P.M. - DANIEL MAHONEY #6628 by Leeann Romanelli, Agent and Mark Schwartz, Architect. Request for Variance from Article XXIII Section 280-124 and the Building Inspector's November 13, 2012 Notice of Disapproval based on an application for building permit for partial demolition and construction of a new single family dwelling: 1) ]ess than the code required front yard setback of 35 feet, 2) less than the code required minimum side yard setback of 10 feet, located at: 3930 Stillwater Avenue (corner Track Avenue) Cutchogue, NY. SCTM #1000-137-1-10. 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 foundation plan and section. Vote of the Board: Aves: All. This Resolution was duly adopted (3-0). Member Homing was absent. WORK SESSION: A. Discussion of Building Department request for clarification of replacement of non-conforming deck additions. PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 1:44 P.M. - RAYMOND STRONG #6629 by Leeann Romanelli, Agent and Mark Schwartz, Architect. Request for Variance from Article III Code Section 280-15 and the Building Inspector's January 10, 2013 Notice of Disapproval based on an application for building permit for an accessory in-ground pool; 1) location other than the code permitted front yard on waterfront property or rear yard, located at: 2205 Bayview Avenue (adj. to Arshamomoque Pond) Southold, NY. SCTM #1000-52-5-2. 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 subiect to receiot of landscaoe plan. Vote of the Board: Aves: All. This Resolution was duly adopted (3-0). Member Homing was absent. 2:00 P.M. - VICKI TOTH #6627 by Emily Toth, Agent. Applicant request a Special Exception under Section 280-13B(14). The Applicant is the owner requesting authorization to estabhsh an Accessory Bed and Breakfast, accessory and incidental to the residential occupancy in this single-family dwelling, with three (3) bedrooms for lodging and serving of breakfast to the B&B casual, transient roomers. Location of Property: 425 Jacobs Lane (corner Main Bayview Road) Southold, NY. SCTM #1000- 88-1-1.5. 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 close the hearin~ reserving decision. Vote of the Board: Aves: All. This Resolution was duly adopted (3-0). Member Homing was absent. Page 6 - Minutes Regular Meeting held March 7, 2013 Southold Town Zoning Board of Appeals RESOLUTIONS A. Reminder Confirmation: The Chairperson confirmed the next Special Meeting date for March 21, 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 April 4, 2013 at 8:30 AM. Vote of the Board: Aves: All. This Resolution was duly adopted (3-0). Member Horning was absent. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to approve minutes from Special Meeting held February 28, 2013. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). Member Homing was absent. There being no other business properly coming before the Board at this time, Chairperson declared the meeting adjourned. The meeting was adjourned at 2:30 P.M. Respectfully submitted, VickiToth ~ /~//2013 Include~j( Reference: File~BA Decisions (0) Leslie Kanes Weisman, Chairperson ,-~/2-~013 Approved for Filing Resolution Adopted 2013 S6'uthold Towh Clerk