The URL can be used to link to this page

Home My WebLink AboutZBA-09/05/2013 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson $DUp~O 53095 Main Road • P.O. Box 1179 tiO lp Southold,NY 11971-0959 Eric Dantes ~ * Office Location: Gerard P. Goehringer ~ Town Annex /First Floor, Capital One Bank George Homing ~ i~ 54375 Main Road (at Youngs Avenue) Ken Schneider ~yC~~~ Southold, NY 11971 http: //southol down. nonhfork. ?e[ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 MINUTES REGULAR MEETING THURSDAY, SEPTEMBER 5, 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 September 5, 2013 commencing at 8 30 A.M. Present were Leslie Kanes Weisman, Chairperson/Member Gerard P. Goehringer, Member Ken Schneider, Member Eric Dantes, Member Jennifer Andaloro, Asst. Town Attorney Vicki Toth, ZBA Secretary Absent George Horning, Member 8 39 A.M. Chairperson Weisman called the meeting to order. EXECUTIVE SESSION: 8 39 A.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to enter Executive Session. Vote of the Board Ayea~ All. This Resolution was duly adopted ~4- Member Hornine was absent 1001 A.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to exit Executive Session. Vote of the Board Ayes All. This Resolution was duly adopted (4-0). Member Horning was absent 1008 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 September 5, 2013 Southold Town Zoning Board of Appeals DELIBERATIONS/DECISIONS/RESOLUTIONS: The Board continued with agenda items, and commenced deliberations on the following application. The original determinations of each of the following applications as decided are filed with the Southold Town Clerk: DENIED SANFORD H. and ELIZABETH M. FRIEMANN #6667 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: Tvpe II Actions (No further steps- setback/dimensionalllot waiver/accessory apartment/bed and breakfast requests): ELLEN BRENNER 2007 TRUST #6676 FORDHAM HOUSE LLC #6680 WILLIAM C. GOGGINS of 13200 MAIN ROAD CORP. #6677 MAUREEN BLATTNER #6678 FRANK MARSILIO #6674 MICHAEL and CELIA WITHERS #6670 STEPHEN LICATA #6679 7850 MAIN ROAD LLC d/b/a THE BLUE INN at NORTH FORK #6675 Vote o£ the Board: All. This resolution was duly adopted (4-0). 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: 10:15 A.M. -ELLEN BRENNER 2007 TRUST #6676 by Mark Schwartz, Agent. Request for Variances from Article XXIII Section 280-124 and the Building Inspector's June 20, 2013 Notice of Disapproval based on an application for building permit to construct second story addition and patio addition to existing single family dwelling: 1) less than the code required minimum front yard setback of 35 feet, 2) less than the code required minimum rear yard setback of 35 feet, 3) less than the code required minimum side yard setback of 10 feet, located at: 40 South Lane(Oak Court) (corner Old Orchard Road) East Marion, NY. SCTM #1000-37-6-4. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Dantes, to close the hearing reserving decision aubiect to receipt of square Page 3 -Minutes Regular Meeting held September 5, 2013 Southold Town Zoning Board of Appeals footaee of patio from Agent. Vote of the Board: Aves: All. This Resolution was duly adopted (4-0). Member Hornin¢ was absent. 10:27 A.M. • FORDHAM HOUSE. LLC #6680 by Stacey Bishop, Agent and Anthony Vivona, President of Property Owners Association. Request for Variances from Article IV Code Section 280-18 and Article XXII Code Section 280-116 based on an application for building permit and the Building Inspector's July 24, 2013, amended August 6, 2013 Notice of Disapproval concerning a permit to construct a new single family dwelling, at; 1) proposed construction at more than the code maximum height of 2 1/2 stories, 2) lot coverage more than the code permitted 20%, 3)less than the code required 100 Foot setback from the top of bluff, located at: 5205 The Long Way (adj. to Long Island Sound) East Marion, NY. SCTM #1000.21-5-11. 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 to October 3. 2013 at 10 a.m. subject to labeline of plans. Vote of the Board: Aves: All. Thie Resolution was duly adopted (4-0). Member Horning was absent. 1126 A.M. -WILLIAM C. GOGGINS of 13200 MAIN ROAD CORP. #6677 - NO APPEARANCE. Request for Variance from Article X Section 280-45C(f) and the Building Inspector's June 5, 2013 Notice of Disapproval based on an application far building permit to convert a dwelling to two apartments and office space, at: 1) the proposed apartments will comprise of more than the code permitted maximum 40% of the principal building, located at: 13200 Main Road Mattituck, NY. SCTM #1000-114- 11-9.1. 11:26 A.M. -Motion offered by Chairperson Weisman, seconded by Member Dantes to recess. Vote of the Board: Ayes: All. 11:30 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: 11:31 A.M. • MAUREEN BLATTNER #6678 by William and Maureen Blattner, owners. Request for Variance from Article XXIII Section 280-124 and the Building Inspector's June 20, 2013 Notice of Disapproval based on an application for building permit for an "as built" deck addition to existing single family dwelling: 1) less than the code required minimum rear yard setback of 50 feet, located at: 295 Shore Lane Peconic, NY. SCTM #1000-86-1-4.19. 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 (4-0). Member Hornine was absent. Page 4 -Minutes Regular Meeting held September 5, 2013 Southold Town Zoning Board of Appeals 1143 A.M. • FRANK MARSILIO #6674 by Natalie Niemann, ArchitectlAgent. Request For Variance from Article XXII Code Section 280-116(B) based on an application for building permit and the Building Inspector's June 28, 2013 Notice of Disapproval concerning a permit to construct additions and alterations to an existing single family dwelling, at. 1) proposed construction at less than the code required bulkhead setback of 75 feet, located at: 1080 Deep Hole Drive, (adj. to Deep Hole Creek) Mattituck, NY. SCTM #1000-115-12.15. 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 (4.0). Member Horning was absent. 11:52 A.M. -MICHAEL and CELIA WITHERS #6670 by Nancy Steelman, Architect/Agent. Request for Variance from Article XXII Code Section 280-116(B) based on an application for building permit and the Building Inspector's June 13, 2013 Notice of Disapproval concerning a permit to construct additions and alterations to an existing single family dwelling, at; 1) proposed construction at less than the code required bulkhead setback of 75 feet, located at: 6635 New Suffolk Road (adj. to School House Creek) New Suffolk, NY. SCTM #1000-117-5-24. 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 (4-0). Member Horning was absent. 11:56 A.M. -Motion offered by Chairperson Weisman, seconded by Member Goehringer to recess. Vote of the Board: Ayes: All. 12:30 P.M. - 1:30 P.M. -The Board received one hour of training, as required, on the pending comprehensive plan From Assistant Town Attorney Jennifer Andaloro. 1:31 P.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: 131 P.M. -STEPHEN LICATA #6679 by Bill Gorman, Agent. Request for Variance from Article XXII Code Section 280-116(B) based on an application for building permit and the Building Inspector's June 28, 2013 Notice of Disapproval concerning a permit to construct additions and alterations to an existing single family dwelling, ate 1) proposed construction at less than the code required bulkhead setback of 75 feet, located at: 670 Old Salt Road (adj. to Peconic Bay) Mattituck, NY. SCTM #1000-144-5- 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 adiourn the hearing to September 19. 2013 subject to receipt of information from Agent re: wall and fire pit -setbacks to Page 5 -Minutes Regular Meeting held September 5, 2013 Southold Town Zoning Board of Appeals them and whether patio is on erade~ and undated survey. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Hornine was absent. 1:50 P.M. - 7850 MAIN ROAD LLC dPoia THE BLUE INN at NORTH FORK #6675 by Samuel Glass, owner; Mary O'Brien, Manager; Robin Imandt, Co•President E. Marion Community Association; Ruthann Bramson; Ellen Zimmerman; Joseph Zizzo; Lois Eigabroadt; James Duggan; Jackie McKee; Jim Cope; Pat Dellaportas; all residents who are against. Request for Special Exception per Article VII Section 280-35(B) to expand the current restaurant use to include being open to the public, enclose existing patio and surround with a 3 1/2 foot wall located in a Resort Residential (RR) District, located at: 7850 Main Road and Orchard Lane (aka Old Orchard Road) East Marion, NY. SCTM #1000-31-6-17.2. 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 adiourn the hearine to September 19. 2013 for acceptance of written comments only. Vote of the Board: Aves: All. This Resolution was duly adopted (4-0). Member Hornine was absent. 3 35 P.M. -Motion offered by Chairperson Weisman, seconded by Member Goehringer to recess. Vote of the Board: Ayes: All. 3:42 P.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: 3:42 P.M. -WILLIAM C. GOGGINS of 13200 MAIN ROAD CORP. #6677 by William Goggins, Agent. Request for Variance from Article X Section 250-45C(fJ and the Building Inspector's June 5, 2013 Notice of Disapproval based on an application for building permit to convert a dwelling to two apartments and office space, at: 1) the proposed apartments will comprise of more than the code permitted maximum 40% of the principal building, located at: 13200 Main Road Mattituck, NY. SCTM #1000-114- 11-9.1. 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 receipt of corrected floor plan. Vote of the Board: Aves: All. Thie Resolution was duly adopted (4-0). Member Horning was absent. RESOLUTIONS A. Reminder Confirmation: The Chairperson confirmed the next Special Meeting Date for September 19, 2013 at 5:00 PM. Page 6 -Minutes Regular Meeting held September 5, 2013 Southold Town Zoning Board of Appeals 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 October 3, 2013 at 8 30 AM. Vote of the Board Ayea All. This Resolution was duly adopted (4-0). Member Horning was absent. C. RESOLUTION ADOPTED Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to approve minutes from Special Meeting held August 22, 2013. Vote of the Board Ayes All. This Resolution was duly adopted (4-0). Member Horning was absent. D. RESOLUTION ADOPTED Motion was offered by Chairperson Weisman, seconded by Member Goehringer to hold a Public Hearing on September 26, 2013 at 7 00 PM in the Southold Town Meeting Hall for Town-Wide Interpretation under § 280-146(D) of the Town Code as to whether two uses are consistent with Town Code Section 280-13 (4) and 280-13 (C)(1)(10) as part of a winery use or permitted accessory uses for a principal winery use. The first is the use of the winery as a dance and social club, and the second is as a retail cigar store. As requested by the Southold Town Planning Board. Vote of the Board Ayes All. This Resolution was dul~pted (4-0). Member Horning was absent. WORK SESSION A. Requests from Board Members for future agenda items. There being no other businesa properly coming before the Board at this time, the Chairperson declared the meeting adjourned. The meeting was adjourned at 4 13 P.M. Res~~lly s fitted, Vicki Toth ! / % 9/2013 Included by Reference Filed ZBA Decisions (1) RECEIVED Lesli~es an ~~//c~~2013 SEP ~ 4/j Approved for Filing Reso utiah Adopted ~ Sou old Town perk