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Home My WebLink AboutZBA-07/11/2013 BOARD MEMBERS ~F SOU Southold Town Hall Leslie Kanes Weisman, Chairperson ~4~~ jy~l0 53095 Main Road • P.O. Box 1179 Southold,NY 11971-0459 Eric Dantes ~ * Office Location: Gerazd P. Goehringer ~e Town Annex /First Floor, Capital One Sank George Horning ~ ~ 54375 Main Road (at Youngs Avenue) Ken Schneider OI~C~O~ Southold, NY 11971 http: sou[hol drown .northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 MINUTES REGULAR MEETING THURSDAY, JULY 11, 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 July 11, 2013 commencing at 9 15 A.M. Present were: Gerard P. Goehringer, Acting Chairperson/Member George Horning, Member Ken Schneider, Member Eric Dantes, Member Jennifer Andaloro, Asst. Town Attorney Vicki Toth, ZBA Secretary Absent: Leslie Kanes Weisman, Chairperson/Member 9:15 A.M. Acting Chairperson Goehringer called the meeting to order. 9 16 A.M. Motion was offered by Member Horning, seconded by Acting Chairperson Goehringer, to enter Executive Session. Vote of the Board Ayes All. This Resolution was duly adopted X4-0). Chairperson Weisman was absent. 1000 A. M. Motion was offered by Acting Chairperson Goehringer, seconded by Member Horning, to exit Executive Session. Vote of the Board Ayes All. This Resolution was duly adopted (4-0). Chairperson Weisman was absent. 1001 A.M. Acting Chairperson Goehringer 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 DUALITY REVIEWS; A. BOARD RESOLUTION: Motion was offered by Member Horning, seconded by Acting Chairperson Goehringer, to declare the following Declarations with No Adverse Effect for the following projects as applied Page 2 -Minutes Regular Meeting held July 11, 2013 Southold Town Zoning Board of Appeals Tvpe II Actions (No further steps- setback/dimenaionalllot waiver/accessory apartment/bed and breakfast requests): IDO MIZRAHY (BREEZY SHORES #25) #6660 GRAHAM WILLOUGHBY (BREEZY SHORES #13) #6661 RALPH M. CARBONE, JR. #6664 DINA MASSO #6665 KEVIN GALLAGHER and DOROTHY GALLAGHER #6662 RATSO, LLC #6666 JOHN ABBOTT #6663 Vote of the Board: All. This resolution was duly adopted (4-0). Chairperson Weisman was absent. PUBLIC HEARINGS: The following public hearings were held, with Vicki Toth, ZBA Secretary introducing each application and reading of the Legal Notice as published: 10:03 A.M. • TIMOTHY McMANU5 #6657 -(Adj. from PH 6/6/13) by William Goggins, Agent. 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 reconstruction of a cabana/shower and decking, at; 1) less than the code required bulkhead setback of 75 feet, 2) less than the code required minimum 10 foot side and/or rear 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 offered by Acting Chairperson Goehringer, seconded by Member Horning, to adjourn the hearine to August 8 2013 at 2:30 P.M. Vote of the Board: Ayes: All This Resolution was duly adopted (4-0). Chairperson Weisman was absent. RESOLUTIONS A. Reminder Confirmation: The Acting Chairperson confirmed the next Special Meeting date for July 25, 2013 at 5:00 PM. B. RESOLUTION ADOPTED: Motion was offered by Acting Chairperson Goehringer, seconded by Member Horning to set the next Regular Meeting with Public Hearings to be held August 8, 2013 at 8:30 AM. Vote of the Board: Aves: All This Resolution was duly adopted (4-0) Chairperson Weinman was absent. C. RESOLUTION ADOPTED: Motion was offered by Acting Chairperson Goehringer, seconded by Member Horning, to approve minutes from Special Meeting held June 20, 2013. Vote of the Board: Aves: All. This Resolution was duly adopted (4-0). Chairperson Weisman was absent. Page 3 -Minutes Regular Meeting held July 11, 2013 Southold Town Zoning Board of Appeals PUBLIC HEARINGS (continued) The following public hearings were held, with Vicki Toth, ZBA Secretary introducing each application and reading of the Legal Notice as published 1020 A M - IDO MIZRAHY (BREEZY SHORES #25) #6660 by Frank Ullendahl, Agent and Helen Szarka, in favor. Request for Variance from Article XXIII Code Section 280-123A and the Building Inspector's March 7, 2013 Notice of Disapproval based on an application for building permit for additions and alterations to an existing seasonal cottage ate 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, located at #25 Breezy Shores Comm. Inc., 65490 Main Road (aka State Route 25 and 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 Acting Chairperson Goehringer, seconded by Member Horning, to close the hearine reservine decision subiect to receiut of total existing souare footaee' percentaee of increase with urouosed additions Vote of the Board Aves All. This Resolution was duly adouted (4-0) Chairnerson Weisman was absent 1042 A M -GRAHAM WILLOUGHBY (BREEZY SHORES #13) #6661 by Frank Ullendahl, Agent; Helen Szarka in favor and Martha Heidenry, neighbor in favor. Request for Variance from Article XXIII Code Section 280-123A and the Building Inspector's March 7, 2013, amended May 2, 2013 Notice of Disapproval based on an application for building permit for additions and alterations to an existing 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, located at #13 Breezy Shores Comm. Inc., 65490 Main Road (aka State Route 25 and 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 Acting Chairperson Goehringer, seconded by Member Schneider, to close the hearine reservine decision subiect to receiut of total existine souare footaee' uercentaee of increase with urouosed additions Vote of the Board Aves~ All. This Resolution was duly adouted (4-0) Chairnerson Weisman was absent. 1053 A.M. -Motion offered by Acting Chairperson Goehringer, seconded by Member Dantea to recess. Vote of the Board Ayes All. 1100 A.M. -Motion was offered by Acting Chairperson Goehringer, seconded by Member Dantea, to reconvene the meeting. Vote of the Board Ayes All. PUBLIC HEARINGS (continued) The following public hearings were held, with Vicki Toth, ZBA Secretary introducing each application and reading of the Legal Notice as published 1101 A M -RALPH M. CARBONE. JR. #6664 by Stephen Ham, Agent and Ralph Carbone, owner. Request for Variances from Article XXII Code Section 280-116 and Article III Code Section 280-14 and the Building Inspector's April 16, 2013, amended May 13, 2013 Notice of Disapproval based on an application for building permit for Page 4 -Minutes Regular Meeting held July 11, 2013 Southold Town Zoning Board of Appeals additions and alterations to a single family dwelling, at; 1) less than the code required 100 foot setback from top of bluff, 2) more than the code limit number of stories (2 with a height of more than the code limit of 35 feet, located at East End Road, (aka Castle Road) (adj. to Block Island Sound) Fishers Island, NY. SCTM #1000-1-2-5. BOARD RESOLUTION (Please see transcript of written statements prepared under separate cover.) Motion offered by Acting Chairperson Goehringer, seconded by Member Horning, to adjourn the hearine to August 8. 2013 at 1020 A.M pending receipt of requested information re' whether CEHA Permit is needed or exempt' addreasine LWRP and Soil and Water recommendations. Vote of the Board Aves All. This Resolution was duly adopted (4-0). Chairperson Weisman was absent. 11:50 A. M. • DINA MASSO #6665 by Meryl Kramer, Agent. Request for Variance From Article XXIII Section 280-124 and the Building Inspector's May 3, 2013, amended May 16, 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 total side yard setbacks of 35 feet, located at~ 5705 Nassau Point Road, (adj. to Little Peconic Bay) Cutchogue, NY. SCTM #1000-111-13-4. BOARD RESOLUTION (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Acting Chairperson Goehringer, seconded by Member Horning, to close the hearine reservine decision. Vote of the Board Aves All This Resolution was duly adopted (4-0) Chairperson Weisman was absent 1159 A. M. -Motion offered by Member Schneider, seconded by Acting Chairperson Goehringer to recess. Vote of the Board Ayes All. 1203 P. M. -Motion was offered by Acting Chairperson Goehringer, seconded by Member Horning, to reconvene the meeting. Vote of the Board: Ayes: All. PUBLIC HEARINGS (continued) The Following public hearings were held, with Vicki Toth, ZBA Secretary introducing each application and reading of the Legal Notice as published 12:04 P. M. -KEVIN GALLAGHER and DOROTHY GALLAGHER #6662 by Pat Moore, Agent; Kevin Gallagher, owner and Nancy Heisnee, neighbor in favor. This is a request for a Waiver of Merger under Article II, Section 280-10A, to unmerge land identified as SCTM #1000-70-10-61.1, based on the Building Inspector's January 9, 2013, updated March 21, 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 is merged with lot 1000-70-10-62.1, located at~ 1500 Park Way and 40 Beachwood (adj. to Goose Creek) Southold, NY. SCTM #'s 1000-70-10-61.1 & 62.1. BOARD RESOLUTION (Please see transcript of written statements prepared under separate cover.) Motion offered by Acting Chairperson Goehringer, seconded by Member Horning, to adiourn the hearine to Julv 25. 2013 subiect to receipt of updated aurvev of vacant lot Vote of the Board Aves~ All. This Resolution was duly adopted (4-0) Chairperson Weisman was absent. 12:45 P.M. -Motion offered by Acting Chairperson Goehringer, seconded by Member Horning to recess. Vote of the Board Ayes All. 1:11 P.M. -Motion was offered by Member Horning, seconded by Acting Chairperson Goehringer, to reconvene the meeting. Vote of the Board Ayes All. Page 5 -Minutes Regular Meeting held July 11, 2013 Southold Town Zoning Board of Appeals PUBLIC HEARINGS (continued) The following public hearings were held, with Vicki Toth, ZBA Secretary introducing each application and reading of the Legal Notice as published 1:12 P.M. - RATSO. LLC #6666 by Colin Ratsey, owner. Request for Variances from Article XV Code Section 280-64A and Article XV Code Section 280-63 and the Building Inspector's May 13, 2013 Notice of Disapproval based on an application for building permit for additions and alterations to an existing commercial building, at; 1) less than the code required minimum front yard setback of 100 feet from the right of way, 2) less than the code required minimum rear yard setback of 60 feet, located at: 67875 Main Road (aka CR 25) (corner Albertson Lane) Greenport, NY. SCTM #1000-52-5-58.2. BOARD RESOLUTION (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Acting Chairperson Goehringer, seconded by Member Schneider, to close the hearing reserving decision. Vote of the Board: Aves: All. This Resolution was duly adopted (4-0). Chairuerson Weisman was absent. 1:26 P.M. • JOHN ABBOTT #6663 by Agena Rigdon, Agent and John Abbott, owner. Request for Variance from Article XXII Code Section 280-116(B) based on an application for building permit and the Building Inspector's April 24, 2013 Notice of Disapproval concerning a permit For construction of a 10'X15' covered deck/gazebo, at; 1) leas than the code required bulkhead setback of 75 feet, located at 8630 Peconic Bay Boulevard, (adj. to Great Peconic Bay and Private Road) Laurel, NY. SCTM #1000- 126-5-1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Acting Chairperson Goehringer, seconded by Member Horning, to adjourn the hearine to Julv 25 2013 subiect to receipt of clarification of LWRP comment VE line noted on survey and setback noted from bulkhead to gazebo. Vote of the Board Aves All. This Resolution was duly adopted (4-0). Chairperson Weisman 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, the Acting Chairperson declared the meeting adjourned. The meeting was adjourned at 2:07 P.M. Respectfull ubmitte , ~ Vicki Toth ~ /Z~2013 Page 6 -Minutes Regular Meeting held July 11, 2013 Southold Town Zoning Board of Appeals Included by Reference) F ZBA Decisions (OY"~ . - / G ~ i i' Gerald-P: Goehringer Jr. ~ / " X013 roved for Filing L_%' j RECE_ IVEp, ~ 'Q~, ~"e"~' ~~aJ6l1.LP~ 2 9 ~20o1r3~. ~ 9~uthold~~ht qe*