HomeMy WebLinkAboutZBA-05/02/2013BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
Eric Dantes
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 SOUTItOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
MINUTES
REGULAR MEETING
THURSDAY, MAY 2, 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 May 2, 2013 commencing at 8:30 A.M.
Present were:
Leslie Kanes Weisman, Chairperson/Member
Gerard P. Goehringer, Vice Chairperson/Member
Ken Schneider, Member (left at 2:44 p.m.)
George Homing, Member (left at 2:00 p.m.)
Eric Dantes, Member
Jennifer Andaloro, Asst. Town Attorney
Vicki Toth, ZBA Secretary
8:30 A.M. Chairperson Weisman called the meeting to order.
ZBA 2013 TRAINING SESSION:
A. Part 1, ZBA Case law update for 2012 with ATA Andaloro
9:35 A.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer to
exit Work Session.
9:37 A.M. Chairperson Weisman opened the public hearings with the Pledge of Allegiance.
The Board proceeded with 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:
Type II Actions (No further steps- setback/dimensional/lot waiver/accessory
Page 2 - Minutes
Regular Meeting held May 2, 2013
Southold Town Zoning Board of Appeals
apartment/bed and breakfast requests):
FEHIM and SEVGI UYANIK #6644
RICHARD ZAHRA #6647
ROMAN CATHOLIC CHURCH OF THE SACRED HEART #6645
RALPH and CARMELO CONSTANTINO #6643
NICK PALUMBO #6646
JAMES SCULLY #6650
MICHAEL MANTIKAS #6641
DAVID SCHIFF #6649
BABS CORPORATION #6651
JAMES and SUSAN BROWN #6652
STEVE CONDOS #6648
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:
9:40 A.M. - KIMOGENOR POINT, INC. (BINGHAM) - #6550 - (Adj. from April 4, 2013
PH) Re'Opened per Board Resolution. P. Moore, Esq. Agent. Based on the Building
Inspector's March 5, 2013 Notice of Disapproval based on work performed is beyond
the scope of the ZBA decision, 1) deemed a demolition and construction of new single
family dwelling, located at: 50 Jackson Street (adj. to Great Peconic Bay) New Suffolk,
NY. SCTM #1000-116-6-24.1.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 (5-0).
DELIBERATIONS/POSSIBLE DECISION:
The Board continued with agenda items, and commenced deliberations on the
following applications. The original determinations of each of tlie following
applications as decided are filed with the Southold Town Clerk:
GRANT PER ORIGINAL DECISION
KIMOGENOR POINT, INC (BINGHAM) #6550
Vote of the Board: Ayes: All. This Resolution was duly adopted (4-1). Member Dantes
abstained.
RESOLUTIONS
A. Reminder Confirmation: The Chairperson confirmed the next Special Meeting
date for May 16, 2013 at 5:00 PM.
Page 3 - Minutes
Regular Meeting held May 2, 2013
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 June 6, 2013 at 8:30 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
April 18, 2013. Vote of the Board: Aves: All. This Resolution was duly adopted
(4'1). Member Dantes abstained.
WORK SESSION:
A. Requests from Board Members for future agenda items: Super Storm Sandy any
properties not allowed to rebuild.
B. Review pool conditions - minor discussion re: pool conditions to be rescheduled to
Special Meeting May 16, 2012.
C. Kosmynka (KOS Inc.) #6514 de Minimus request - update.
D. Diller #5884 de Minimus request- update.
E. Code Committee Meeting Thursday May 9th 280'123.
F. Flaherty request to remove condition - update.
9:57 A.M. - Motion offered by Chairperson Weisman, seconded by Member Goehringer
to recess. Vote of the Board: Ayes: All.
10:00 A.M. ' Motion was offered by Chairperson Weisman, seconded by Member
Goehringer, to reconvene the meeting. Vote of the Board: Ayes:
PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson
Weisman introducing each application and reading of the Legal Notice as published:
10:01 A.M. - MATTITUCK PLAZA, LLC #6635 by Wilham Goggins, Agent; John Rose,
adjacent neighbor against; William Ruland, Deputy Town Supervisor, against.
Request for Variances from Article III Code Section 280'15 and the Building
Inspector's December 17, 2012 Notice of Disapproval based on an application for
building permit for an "as built" accessory building, at: 1) located at less than the code
required 25 feet from any property line, 2) more than the permitted lot coverage of
30%, located at: 10095 Main Road aka NYS 25, (corner Factory Avenue) Mattituck,
NY. SCTM #1000'142-1-26. 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 without a date pending a complete survey; application to Planning Board and
comments from Planning Board. Vote of the Board: Aves: All. This Resolution was
duly adopted (5-0).
10:38 A.M. ' FEHIM and SEVGI UYANIK #6644 by P. Moore, Agent; Angel Chorno,
Architect and Fehim Uyanik, owner. Request for Variance from Article XXII Section
280-116 and the Building Inspector's February 27, 2013 Notice of Disapproval based
on an application for building permit for additions and alterations to a single'family
Page 4 - Minutes
Regular Meeting held May 2, 2013
Southold Town Zoning Board of Appeals
dwelling, at: less than the code permitted setback of 100 feet from the top of bluff,
located at: 54875 CR 48 (aka North Road) (adj. to Long Island Sound) Greenport, NY.
SCTM #1000-44'1-4. 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 adjourn the
hearing to June 6, 2013 subiect to a revised survey or site plan; and plans. Vote of the
Board: Aves: All. This Resolution was duly adopted (5-0).
11:19 A.M. - RICHARD ZAHRA #6647 by Richard Zahra, owner. Request for Variances
from Article XXIII Section 280'124 and the Building Inspector's January 23, 2013
Notice of Disapproval based on an application for building permit for "as built" deck
and raised patio addition to existing single family dwelling, at: 1) less than the code
required minimum rear yard setback of 35 feet, 2) more than the code permitted
maximum lot coverage of 20%, located at: 445 Marlene Lane Mattituck, NY. SCTM
#1000'143'3'29. 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).
11:30 A.M. - Motion offered by Chairperson Weisman, seconded by Member
Goehringer to recess. Vote of the Board: Ayes: All.
11:37 A.M. - Motion was offered by Chairperson Weisman, seconded by Member
Goehringer, to reconvene the meeting. Vote of the Board: Ayes:
PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson
Weisman introducing each application and reading of the Legal Notice as published:
11:37 A.M. ' ROMAN CATHOLIC CHURCH OF THE SACRED HEART #6645 by
William Goggins, Agent and Virginia McCaffery, neighbor in favor. Request for
Variance under Article IV Section 280-14 and the Building Inspector's January 28,
2013 Notice of Disapproval based on an application for building permit for a lot line
change, at: Proposed Lot #10 ' 1) less than the code required minimum lot size of
80,000 sq. ft., located at: 3400 Depot Lane and 4200 Depot Lane, Cutchogue, NY.
SCTM #'s - 1000'96-5-12.1 and 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. Vote of the Board: Aves: All. This Resolution was duly
adopted (5-0).
11:48 A.M. - RALPH and CARMELO CONSTANTINO #6643 by Robert Brown,
Architect. Request for Variance from Article IV Section 280-18 (Bulk Schedule) and the
Building Inspector's February 13, 2013 Notice of Disapproval based on an application
for building permit for additions and alterations to existing single family dwelling, at:
1) less than the code required minimum rear yard setback of 50 feet, located at: 2105
Brown's Hill Road, (corner North View Drive and South View Drive) Orient, NY.
SCTM #1000-13-1-8. 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
Page 5 - Minutes
Regular Meeting held May 2, 2013
Southold Town Zoning Board of Appeals
hearing reserving decision. Vote of the Board: Aves: All. This Resolution was duly
adopted (5-0).
11:54 A.M. ' NICK PALUMBO #6646 by Bill Birkmier, Agent. Request for Variance
from Article III, Section 280' 15 and the Building Inspector's March 7, 2013 Notice of
Disapproval based on an application for building permit for construction of accessory
in'ground swimming pool, at: 1) accessory in'ground swimming pool is proposed in a
location other than the code required rear yard; located at; 1245 Gillette Drive and
East Gillette Drive East Marion, NY. SCTM #1000-38-3-5. BOARD RESOLUTION:
(Please see transcript of written statements prepared under separate cover.) After
receiving testimony, motion was offered by Chairperson Weisman, seconded by
Member Dantes, to close the hearing reserving decision subiect to receipt of locations
of other pools on the road and other variances. Vote of the Board: Aves: All. This
Resolution was duly adopted (5-0).
12:01 P.M. - Motion offered by Chairperson Weisman, seconded by Member
Goehringer to recess. Vote of the Board: Ayes: All.
12:12 P.M. - Motion was offered by Chairperson Weisman, seconded by Member
Goehringer, to reconvene the meeting. Vote of the Board: Ayes:
PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson
Weisman introducing each application and reading of the Legal Notice as published:
12:13 P.M. - JAMES SCULLY #6650 by LeeAnn Romanelli, Agent. Request for
Variances from Article III Code Section 280'15 and Article XXIII Section 280' 124 and
the Building Inspector's March 19, 2013 Notice of Disapproval based on an application
for building permit to construct accessory in'ground swimming pool, at: 1) accessory
pool is proposed in a location other than the code required rear yard, 2) lot coverage at
more than the maximum code permitted 20%, located at: 615 Brown Street (corner
Seventh Street) Greenport, NY. SCTM #1000'48'3'18.1. 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 subiect to location of
drvwell, pool eaui~ment, fencin~ and evergreen screening. Vote of the Board: Aves:
Ail. This Resolution was duly adopted (5'0).
12:26 P.M. Motion offered by Chairperson Weisman, seconded by Member Horning
to recess. Vote of the Board: Ayes: All.
1:30 P.M. ' Motion was offered by Chairperson Weisman, seconded by Member
Goehringer, to reconvene the meeting. Vote of the Board: Ayes:
PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson
Weisman introducing each application and reading of the Legal Notice as published:
1:30 P.M. - MICHAEL MANTIKAS #6641 by Eileen Santora, Agent. Request for
Variances from Article XXIII Section 280'124 and the Building Inspector's March 11,
2013 Notice of Disapproval based on an application for building permit to demolish
and re'construct an existing single family dwelling, at: 1) less than the code required
Page 6 - Minutes
Regular Meeting held May 2, 2013
Southold Town Zoning Board of Appeals
minimum side yard setback of 10 feet, 2) less than the total combined side yards of 25
feet, located at: 80 Oak Court (aka South Lane)(adj. to Gardiners Bay), East Marion,
NY. SCTM #1000-37-6'3.5. 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 adiourn the
hearing to May 16~ 2013 Special Meeting subject to receipt of revised survey/site plan
and improved setbacks. Vote of the Board: Ayes: All. This Resolution was duly adopted
(5'0).
1:56 P.M. ' DAVID SCHIFF #6649 - Request for Variances from Article IV Section
280-18, Article XXII Section 280'116 (B) and Article III Section 280'13C and the
Building Inspector's March 6, 2013, amended March 14, 2013 Notice of Disapproval
based on an application for building permit for additions and alterations to an existing
single family dwelling and construction of a new accessory garage with guest quarters,
at: 1) less than the minimum code required side yard setback of 15 feet, 2) less than
the code required bulkhead setback of 75 feet for additions and alterations to the
dwelling, 3) guest quarters are not a permitted accessory use, located at: 8425 Nassau
Point Road (adj. to Little Peconic Bay) Cutchogue, NY. SCTM #1000' 118'4' 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 adjourn the hearing without a date per reauest of
agent. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
1:58 P.M. Motion offered by Chairperson Weisman, seconded by Member Goehringer
to recess. Vote of the Board: Ayes: All.
2:00 P.M. Member Horning left.
2:14 P.M. - Motion was offered by Chairperson Weisman, seconded by Member
Schneider, to reconvene the meeting. Vote of the Board: Ayes: Member Homing 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:
2:15 P.M. ' BABS CORPORATION #6651 by Charles Cuddy, agent; Albert Brayson,
owner; David Propkop for Mattituck Park District adjoining neighbor. Request for
Variances from Article III Code Section 280-15 and the Building Inspector's March 14,
2013 Notice of Disapproval based on an application for building permit for two "as
built" existing reconstructed accessory buildings, at: 1) one accessory building is
located at less than the code required minimum side and rear yard setbacks of 10 feet,
2) second accessory building is located at less than the code required minimum rear
yard setback of 10 feet, located at: 13105 Main Road (State Route 25) Mattituck, NY.
SCTM #1000-140-3'39. 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 hearin~
reserving decision. Vote of the Board: Aves: All. This Resolution was duly adopted (3-
0). Member Homing was absent. Member Goehringer recused himself.
Page 7 - Minutes
Regular Meeting held May 2, 2013
Southold Town Zoning Board of Appeals
2:44 P.M. Member Schneider left.
2:45P.M. - JAMES and SUSAN BROWN #6652 by P. Moore, Agent; Mark Schwartz,
Agent and James and Susan Brown, owner. Request for Variances from Article XXII
Code Section 280-116B and Article XXIII Code Section 280-124 and the Building
Inspector's April 10, 2012, revised March 20, 2013 Notice of Disapproval based on an
application for building permit for demolition and reconstruction and
additions/alterations to an existing seasonal cottage 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) more than
the maximum code permitted lot coverage of 20%, located at: 170 Oak Street (adj. to
Eugene's Creek) Cutchogue, NY. SCTM #1000-136'1'53.3. 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 adiourn the hearing to June 6, 2013 subject to revised plans.
Vote of the Board: Aves: All. This Resolution was duly adopted (3'0). Members Homing
and Schneider were absent.
3:23 P.M. - STEVE CONDOS #6648 by P. Moore, Agent. Request for Variance from
Article XXIII Section 280'124 and the Building Inspector's February 27, 2013 Notice
of Disapproval based on an application for building permit for "as built" deck addition
to existing single family dwelling: 1) more than the code permitted maximum lot
coverage of 20%, located at: 1350 Bayview Avenue Greenport, NY. SCTM #1000'52'5-
50. BOARD RESOLUTION: (Please see transcript of written statements prepared
under separate cover.) After receiving testimony, motion was offered by Chairperson
Weisman, seconded by Member Geohringer, to close the hearing reserving decision.
Vote of the Board: Ayes: All. This Resolution was duly adopted (3'0). Members Homing
and Schneider were absent.
There being no other business properly coming before the Board at this time,
Chairperson declared the meeting adjourned. The meeting was adjourned at 3:30 P.M.
Respectfull~submi~ed,
VickiToth ~ /1(~/2013
Inc~ Reference: F~ ZBA ~ecisions (1)
Leslie Kanes Weisman, Chairperson~--~/~]2013
Approved for Filing Resolution Adopted'
n Clerk