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Home My WebLink AboutZBA-08/08/2013 BOARD MEMBERS f SOU Southold Town Hall Leslie Kanes Weisman, Chairperson llf~ 53095 Main Road • P.O. Box 1179 ,~O lp 5outhold,NY11971-0959 Eric Dantes # ~ Qffirr T ocation: Gerard P. Goehringer G Q Town Annex /First Floor, Capi[al One Bank George Horning 'nc ~ ~O 54375 Main Road (at Youngs Avenue) Ken Schneider Ol~COO~ Southold, NY 11471 http: //sou[hold[own.northfork.ne[ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 MINUTES REGULAR MEETING THURSDAY, AUGUST 8, 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 August 8, 2013 commencing at 8:30 A.M. Present were: Leslie Kanes Weisman, Chairperson/Member George Horning, Member Ken Schneider, Member Eric Dantes, Member Jennifer Andaloro, Asst. Town Attorney Vicki Toth, ZBA Secretary Absent Gerard P. Goehringer, Member 8 35 A. M. Chairperson Weisman called the meeting to order. EXECUTIVE SESSION: 8:35 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 adonted ~4- Member Goehringer was absent. 10:05 A.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes, to exit Executive Session. Vote of the Board: Ayea: All. This Resolution was duly adonted (4-0). Member Goehringer was absent. 10:15 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: Page 2 -Minutes Regular Meeting held August 8, 2013 Southold Town Zoning Board of Appeals STATE ENVIRONMENTAL QUALITY REVIEWS; A. 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/dimensionaUlot waiver/accessory apartment bed and breakfast requests); C&L REALTY INC. #6672 SANFORD H. and ELIZABETH M. FRIEMANN #6667 HUGH SWITZER #6669 ROBERT K. SCRIPPS #6668 ILAT PH and CATHERINE CASELNOVA#6673 SHARI CAI #6671 Vote of the Board: All. This resolution was duly adopted (4-0). Member Goehringer was absent. PUBLIC HEARINGS The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 1016 A.M. -NICHOLAS and MARY ANTONUCCI #6638 - (adj. from PH 6/6/13) by Nicholas Antonucci, Owner. 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.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Dantes, to close the hearine reserving decision subiect to receipt of revised survey Vote of the Board: Ayes All This Resolution was duly adopted (4-0) Member Goehringer was absent. 10:28 A M • RALPH M. CARBONE. JR. #6664 - (adj. from PH 7/11!13) by Steven Ham, Agent; Tom Catalano, Architect 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 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.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Schneider, to close the hearing_reservine decision Vote of the Board Aves All Thia Resolution was duly adopted (4-0) Member Goehringer was absent. Page 3 -Minutes Regular Meeting held August 8, 2013 Southold Town Zoning Board of Appeals 10:49 A.M. • C&L REALTY. INC #6672 by Garrett Strang, Architect/Agent and Kathleen Sepnoski, owner. Request for Variances from Article XXII Section 280-116(B) and Article XIII Section 280-56 and the Building Inspector's June 28, 2013 Notice of Disapproval based on an application for building permit to construct decking additions to an existing commercial building, at. 1) less than the code required bulkhead setback of 75 feet, 2) more than the code permitted lot coverage of 30% in the MII District, located at: 61600 Main Road (aka State Route 25) (adj. to Budd's Pond) Southold, NY. SCTM #1000-56-6-3.4. BOARD RESOLUTION (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Schneider, to adiourn the hearine to August 22. 2013, subiect to receipt of survev showine VE Zone and percentaee of buildings/structures/proposed deckine in that Zone; landscape techniques and construction methods Vote of the Board: Aves~ All This Resolution was duly adopted (4-0). Member Goehringer was absent. 11:16 A.M. • SANFORD H. and ELIZABETH M. FRIEMANN #6667 by Sanford Friemann, owner. Request for Variance from Article XXII Code Section 280-116(B) based on an application for building permit and the Building Inspector's May 29, 2013 Notice of Disapproval concerning a permit for demolition and reconstruction of beach house/cabana/deck, at; 1) proposed structure at less than the code required bulkhead setback of 75 feet, located at~ 1165 Old Harbor Road (adj. to Cutchogue Harbor) New Suffolk, NY. SCTM #1000-117-3-8.4. BOARD RESOLUTION (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Schneider, to adiourn the hearine to Aueuat 22 2013, subiect to receipt of updated survev showing AE Zone; VE Zone; Top of Bank; Bulkhead; proposed utilities; proposed location of buildine with deckine and dimensions. Vote of the Board Aves: All. This Resolution was duly adopted (4-0). Member Goehrineer was absent. 1140 A.M. -Motion offered by Chairperson Weisman, seconded by Member Schneider to recess. Vote of the Board Ayes: All. 1146 A.M. -Motion was offered by Chairperson Weisman, seconded by Member Schneider, 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: 11:48 A.M. • HUGH SWITZER #6669 by Hugh Switzer, owner; Susan Switzer, owner; and George Aldcroft, neighbor in favor. Request for Variance from Article XXII Code Section 280.105 based on an application for building permit and the Building Inspector's May 20, 2013 Notice of Disapproval concerning a permit to install deer fencing, at: 1) Fence height at more than the code permitted 4 feet when located in the front yard; located at 3180 Mill Lane (adj. to Goldsmith Inlet) Peconic, NY. SCTM #1000-67-5-1. BOARD RESOLUTION: (Please see transcript of written statements Page 4 -Minutes Regular Meeting held August 8, 2013 Southold Town Zoning Board of Appeals prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Horning, to adjourn the hearine to Aueuat 22 2013 subject to receipt of sample fencine and information from Building Department re' proposed spacine of fence posts Vote of the Board' Aves' All This Resolution was duly adopted (4-0) Member Goehrineer was absent 12:20 P.M. • ROBERT K. SCRIPPS #6668 by Fred Weber, Agent and Robert Scripps, owner. Request for Variances from Article XXIII Section 280-124 and Article III Section 280-15 and the Building Inspector's June 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 side yard setback of 15 feet, 2) proposed construction will result in existing accessory garage in a location other than the code required rear yard, located at 2745 Pine Tree Road (adj. to Little Creek) Cutchogue, NY. SCTM #1000-104-3-6. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Horning, to close the hearine reservine decision. Vote of the Board Aves: All This Resolution was duly adopted (4.0). Member Goehrineer was absent 12:32 P.M. -RALPH and CATHERINE CASELNOVA #6673 by Charles Cuddy, Agent. Request for Variance from Article III Section 280-15 and the Building Inspector's May 14, 2013 Notice of Disapproval based on an application For building permit for an "as built" accessory in-ground swimming pool 1) less than the code required side yard setback of 25 feet, 2) less than the code required minimum rear yard setback of 25 feet, located at: 26609 Main Road (aka State Route 25) Orient, NY. SCTM #1000-18-3-9.11. BOARD RESOLUTION (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Schneider, to close the hearine reservine decision. Vote of the Board Aves All. This Resolution was duly adopted (4-0) Member Goehringer was absent. 1245 P.M. -Motion offered by Chairperson Weisman, seconded by Member Dantes to recess. Vote of the Board Ayes All. 130 P.M. -Motion was offered by Chairperson Weisman, seconded by Member Schneider, 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 131 P.M. • SHARI CAI #6671 by Patricia Moore, Agent. Request for Variances from Article XXII Section 280-116(B) and Article XXIII Section 280-124 and the Building Inspector's May 6, 2013 Notice of Disapproval based on an application for building permit for reconstruction and alterations to existing single family dwelling, at; 1) less Page 5 -Minutes Regular Meeting held August 8, 2013 Southold Town Zoning Board of Appeals than the code required bulkhead setback of 75 feet, 2) less than the code required minimum side yard of 15 feet, 3) less than the code required minimum combined side yards of 35 feet, located at: 380 Midway Road (corner West Lake Road) (adj. to Little Peconic Bay) Southold, NY. SCTM #1000-90-2-4. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Horning, to close the hearine reserving decision Vote of the Board: Aves: All. This Resolution was dullopted (4-0). Member Goehrineer was absent. RESOLUTIONS A. Reminder Confirmation: The Chairperson confirmed the next Special Meeting date for August 22, 2013 at 5:00 PM. B. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Schneider to set the next Regular Meeting with Public Hearings to be held September 5, 2013 at 8:30 AM. Vote of the Board: Aves: All. This Resolution was duly adopted (4-0). Member Goehrineer was absent. C. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Schneider, to approve minutes from Special Meeting held July 25, 2013. Vote of the Board: Aves: All. This Resolution was duly adouted (4-0). Member Goehrineer was absent. WORK SESSION: A. Requests from Board Members for future agenda items. B. Update on inspections on special exception permits PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 2:00 P.M. -JOHN ABBOTT #6663 (adj. from Special meeting 7/25/13, orig. PH 7/11/13) by Agena Rigdon, Agent; 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 fora 10'X15' covered deck gazebo, at; 1) proposed structure at less 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 Chairperson Weisman, seconded by Member Page 6 -Minutes Regular Meeting held August 8, 2013 Southold Town Zoning Board of Appeals Schneider, to close the hearine reserving decision. Vote of the Board Aves~ All. This Resolution was duly adopted (4-0). Member Goehrineer was absent. EXECUTIVE SESSION: 2:43 P.M. Motion was offered by Chairperson Weisman, seconded by Member Schneider, to enter Executive Session. Vote of the Board Ayes All. This Resolution was duly adopted (4- Member Goehrineer was absent. 2:45 P.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes, to exit Executive Session. Vote of the Board• Ayes All. This Resolution was duly adopted (4-0). Member Goehrineer was absent. RESOLUTION: RESOLUTION ADOPTED Motion was offered by Chairperson Weisman, seconded by Member Schneider, to grant a six (6) month one time only extension on deadline for Brostar #6463 to obtain Site Plan approval, with same condition that will nullify our prior decision, if not accomplished. Vote of the Board: Aves~ Members Weisman (Chairperson). Schneider, Hornine. Member Dantes abstained. This Resolution was duly adopted (3-1) Member Goehrineer was absent. There being no other business properly coming before the Board at this time, the Chairperson declared the meeting adjourned. The meeting was adjourned at 2:55 P.M. Respec ully s mi ed, Vicki Toth P' /`2013 Included by Reference Filed ZBA Decisions (0) REC IVE Leslie Kanes eisman f~2013 A~G 6 Approved for Filing Resolution Adopted SO~WII