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Home My WebLink AboutZBA-06/06/2013 BOARD MEMBERS OF $~UT Southold Town Hall Leslie Kanes Weisman, Chairperson 6p 53095 Main Road • P.O. Box 1179 ~O Southold,NY 11971-0959 Eric Dantes # r~t Office Location: Gerard P. Goehringer G Q Town Annex /First Floor, Capital One Bank George Horning ~p ~ i~ 54375 Main Road (at Youngs Avenue) Ken Schneider l'~C~~~ ~1~ Southold, NY 11971 http: //southold[own.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 MINUTES REGULAR MEETING THURSDAY, JUNE 6, 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 June 6, 2013 commencing at 8:00 A.M. Present were: Leslie Kanes Weisman, Chairperson/Member Gerard P. Goehringer, Member George Horning, Member (left 2:23 p.m.) Ken Schneider, Member Eric Dantee, Member Jennifer Andaloro, Asst. Town Attorney Lucille Cappabianca, Legal Secretary 8:00 A.M. Chairperson Weisman called the meeting to order. 8:02 A.M. Motion was offered by Chairperson Weisman, seconded by Member Horning, to enter Executive Session. Vote of the Board: Ayes: All. This Resolution was duly adopted (5- 9 8:45 A.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to exit Executive Session and enter into Training Session. Vote of the Board: Ayes: All. This Resolution was duly adouted (5-O) TRAINING SESSION: A. Part 1, SEQRA 9:45 A.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to exit Training Session and reconvene the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0) 9:50 A.M. Chairperson Weisman called the public hearings to order with the Pledge of Allegiance. Page 2 -Minutes Regular Meeting hold June 6, 2013 Southold Town Zoning Board of Appeals 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: Tvne II Actions (No further steps- setback/dimensionalllot waiver/accessory apartment/bed and breakfast requests): ARTHUR SKELSKIE and NAN MOLOFSKY #6653 LESLIE WINDISCH #6654 MARY ANN WOLCZOK and JOHN WOLCZOK and JANICE ALOISIO #6656 TIMOTHY McMANUS #6657 RAYMOND and JOYCE VASTOLA #6655 DAVID TURNER #6658 FORK & ANCHOR LLC (TRACEY BYRNESI #6659 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: 9:51 A.M. -NICHOLAS and MARY ANTONUCCI #6638 - (adj. from PH 4/4/13) by Mary Antonucci, applicant. Request for Variance from Article XXIII Section 280-124 and the Building Inspector's February 21, 2013 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 front yard setback of 35 feet, located at: 770 Shipyard Lane (corner Landon Road) Southold, NY. SCTM #1000-64-4-20. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) Motion offer by Chairperson Weisman, seconded by Member Goehringer, to adiourn the hearing to August 8 2013 at 1000 A M ner request of the a~nlicant. Vote of the Board Aves All This Resolution was duly adopted (5-0) 9.55 A.M. -ARTHUR SKELSKIE and NAN MOLOFSKY #6653 by R. Herrmann, En-Consultants, for applicant; Mark Schwartz, Architect and Arthur Skelakie, owner. Request for Variances from Article XXII Section 280-116 (B) and Article IV, Section 280-18 and the Building Inspector's April 3, 2013 Notice of Disapproval based on an application for building permit for additions and alterations to an existing single family dwelling at; 1) less than the code required bulkhead setback of 75 feet, 2) less than the code required rear yard setback of 50 feet, located at: 510 Bayberry Road (adj. to Wunneweta Pond) Cutchogue, NY. SCTM #1000-111-14-36.8. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, Page 3 -Minutes Regular Meeting held June 6, 2013 Southold Town Zoning Board of Appeals seconded by Member Goehringer, to close the hearine reservine decision Vote of the Board Aves~ All This Resolution was duly adopted (5-0). 10:09 A.M. - FEHIM and SEVGI UYANIK #6644 - (adj. from PH 5/2/13) by P. Moore, Esq.; Angel Chorno, Architect; Mr. & Mrs. Uyanik in audience. 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 asingle-family 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 close the hearine reservine decision Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). 10:22 A.M. -JAMES and SUSAN BROWN #6652 - (adj. from PH 5/2/13) by P. Moore, Eaq.; Mark Schwartz, Architect and Susan Brown in audience. 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 leas than the code required 75 feet, 2) leas 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 close the hearine reservine decision Vote of the Board AYes~ All This Resolution was duly adopted (5-O). 10:27 A.M. -Motion offered by Chairperson Weisman, seconded by Member Goehringer to recess. Vote of the Board: Ayes: All. 10:49 A.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: 10:50 A.M. -LESLIE WINDISCH #6654 by Bill Birkmier, North Fork Pool. Request for Variances Article XXII Section 280-116 (B) and Article III, Section 280-15F the Building Inspector's April 2, 2013 Notice of Disapproval based on an application for building permit for in-ground swimming pool and "as built" shed at; 1) proposed in- ground swimming pool at lese than the code required bulkhead setback of 75 feet, 2) "as built" shed at less than the code required bulkhead setback of 75 feet, 3) "as built" shed" at less than the code required front yard setback of 50 Feet on waterfront property, located at: 1440 Kimberly Lane (adj. to Southold Bay) (North Bayview Road) Southold, NY. SCTM #1000-70-13-20.10. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving Page 4 -Minutes Regular Meeting held June 6, 2013 Southold Town Zoning Board of Appeals testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to close the hearing subiect to receipt of amended survey/site elan to show 45' setback from pool and 10' buffer other variances in neiehborhood. Vote of the Board Aves: All. This Resolution was duly adopted (5-0). 11:10 A.M. -MARY ANN WOLCZOK and JOHN WOLCZOK and JANICE ALOISIO #6656 by William Goggins, Esq., for the applicant and Mr. and Mrs. Wolczok in the audience. This is a request for a Waiver of Merger under Article II, Section 280-10A, to unmerge land identified as SCTM #1000-144-1-12, based on the Building Inspector's February 5, 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 lotia merged with lot 1000-144-1-13,located at: 1830 and 1880 Sigsbee Road Mattituck, NY. SCTM #'s1000-144-1-12&13. 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 hearine reservine decision. Vote of the Board Ayes All This Resolution was duly adopted (5-0). 11:21 A.M. -TIMOTHY McMANUS #6657 by William Goggins, Esq., Timothy McManus, owner and Michael Cirrito, owner to the north with concerns. Request for Variances from Article XXII Section 280-116 (B) and Article III, Section 280-15 and the Building Inspector's March 21, 2013 Notice of Disapproval based on an application for building permit for demolition and re-construction of a cabana/shower and decking, at; 1) less than the code required bulkhead setback of 75 feet, 2) less than the code required 10 foot setback for accessory structures, 3) the proposed cabana is not a permitted accessory use, located at: 7725 Nassau Point Road (adj. to Little Peconic Bay) Cutchogue, NY. SCTM #1000-118-4-5. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) Motion offer by Chairperson Weisman, seconded by Member Goehringer, to adiourn the hearine to July 11 2013 at 1000 A M Vote of the Board Aves: All This Resolution was duly adopted (5-O). 12:11 P.M. -RAYMOND and JOYCE VASTOLA #6655 by Nancy Steelman, Architect and Raymond Vastola, owner. Request for Variance Article XXII Section 280-116 (B) and the Building Inspector's April 8, 2013 Notice of Disapproval based on an application for building permit to construct an accessory in-ground swimming pool, additions and alterations to an existing single family dwelling at; 1) less than the code required bulkhead setback of 75 feet, located at: 2795 Wells Avenue (adj. to Jockey Creek) Southold, NY. SCTM #1000-70-4-15.1. 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 hearine subiect to receipt of amended site plan ahowine increased bulkhead setback Vote of the Board Aves All This Resolution was duly adopted (5-W. 12:25 P.M. -Motion offered by Chairperson Weisman, seconded by Member Goehringer to recess. Vote of the Board: Ayes: All. Page 5 -Minutes Regular Meeting held June 6, 2013 Southold Town Zoning Board of Appeals 1:07 P.M. -Motion was offered by Chairperson Weisman, seconded by Member Horning, 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: 1:07 P.M. -DAVID TURNER #6658 by David Turner, owner and Alexander Sznurkowski, neighbor to west with water concern issues. Request for Variances Article XXII Section 280-116 (B) and Article III, Section 280-15F the Building Inspector's April 29, 2013 Notice of Disapproval based on an application for building permit to demolish existing single family dwelling, construct new single Family dwelling and accessory garage at; 1) proposed construction at less than the code required bulkhead setback of 75 feet, 2) accessory garage proposed in location other than code required rear yard or in the case of waterfront property may be located in the front yard provided it meets the principal setback, located at: 640 West Shore Drive (adj. to Southold Bay) Southold, NY. SCTM #1000-80-1-47.1. 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 hearine subject to receipt of revised site plan to show earaee in front yard' drv wells and septic and the removal of trees. Vote of the Board Ayes All This Resolution was duly adopted (5-0). 1.36 P M -FORK & ANCHOR LLC (TRACEY BYRNES) #6659 by Charles Cuddy, Esq., Erin Fitzpatrick, partner in corporation and Wilfred Joseph, owner of B&B in support. This is a request under Section 250-146D for an Interpretation of the Town Code, Article XXIII, Section 280-121, "Non-Conforming uses", appealing the Building Inspector's March 14, 2013 Notice of Disapproval for a permit to convert an accessory barn into Food preparation for existing retail store, located at: 8955 Route 25 (aka Main Road) East Marion, NY. SCTM #1000-31-3-16. (Please see transcript of written statements prepared under separate cover.) After receiving testimony: 2:05 P.M. Motion was offered by Member Goehringer, seconded by Chairperson Weisman, to enter into Executive Session for Attorney/Client advice. Vote of the Board Aves All. This Resolution was duly adopted (5-Ol. 2:23 P.M. Member Horning left. 2:24 P.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes, to reconvene the Public Hearing on: FORK & ANCHOR, LLC (TRACEY BYRNES) #6659 Vote o£ the Board Aves All. This Resolution was duly adopted (4-0). Member Hornine was absent. 2.24 P M FORK & ANCHOR LLC (TRACEY BYRNESI #6659 (continued): 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 hearine subiect to receipt of updated floor olan• updated survey and AG and Market letter Vote of the Board Ayea• All. This Resolution was duly adopted (4-0). Member Hornine was absent. Page 6-Minutes Regular Meeting held June 6, 2013 Southold Town Zoning Board of Appeals RESOLUTIONS A. Reminder Confirmation: The Chairperson confirmed the next Special Meeting date for June 20, 2013 at 5:00 PM. B. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Goehringer to set the next Regular Meeting with Public Hearings to be held July 11, 2013 at 5:30 AM. Vote of the Board: Aves: All. This Resolution was duly adopted (4-0) Member Hornine was absent. C. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to approve minutes from Special Meeting held April 1S, 2013. Vote of the Board Aves All This Resolution was duly adopted {4-0) Member Horning was absent. 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 3:01 P.M. Respectfully submitted, Lucille Cappabianca lp / ///2013 Inclu e by Re erence: led ZBA decisions (0) k~ ~~YY'-mac.-~ Leslie Kanes Weisman, Chairperson ~U/2013 Approved for Filing Resolution Adopte RE EI ED JUN Town Clerk