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Home My WebLink AboutZBA-11/07/2013 BOARD MEMBERS OF soy Southold Town Hall Leslie Kanes Weisman,Chairperson �� Tbp 53095 Main Road•P.O.Box 1179 ti� l0 Southold,NY 11971-0959 Eric Dames Office Location: Gerard P.Goehringer G C Town Annex/First Floor,Capital One Bank George Homing �%p 54375 Main Road(at Youngs Avenue) Ken Schneider lYC'OU0 Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax (631)765-9064 MINUTES REGULAR MEETING THURSDAY, NOVEMBER 7, 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 November 7, 2013 commencing at 8:30 A.M. Present were: Leslie Kanes Weisman, Chairperson/Member Gerard P. Goehringer, Member George Horning, Member (left 2:15 p.m.) Ken Schneider, Member Eric Dantes, Member Jennifer Andaloro, Asst. Town Attorney Vicki Toth, ZBA Secretary 8:40 A.M. Chairperson Weisman called the meeting to order. EXECUTIVE SESSION: 8:41 A.M. Motion was offered by Member Horning, seconded by Chairperson Weisman, to enter Executive Session. Vote of the Board: Ayes: All. This Resolution was duly adopted (4- FL Member Goehringer were absent 8:44 A.M. Member Goehringer arrived. 9:55 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 (5-0) 10:03 A.M. Pledge of Allegiance. The Board proceeded with the first item on the Agenda as follows: Page 2—Minutes Regular Meeting held November 7, 2013 Southold Town Zoning Board of Appeals 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: Tyne II Actions (No further steps- setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests) PRESTON REED Inc.#6696 CHRISTIAN ROGERS and DANIELA VITALI (CV)#6697 ROY WARD. III#6691 JEFFREY S. PUNDYK#6694 TRUE LIGHT CHURCH (KEITH BENSON)#6695 ESTATE OF JAMES J BISSETT III#6698 JOANNA CHERNUSHKA#6693 BREWER YACHT YARD A GREENPORT INC #6699 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 1005 A.M. - PRESTON REED INC.#6696 by Stephen Ham, Agent and Sam Fitzgerald, Architect. Request for Variance from Article XXIII Section 280-124 and the Building Inspector's August 13, 2013 Notice of Disapproval based on an application for building permit for screen porch addition to existing single family dwelling: 1) less than the code required minimum rear yard setback of 75 feet, located at: No#Off East End Road (adj. to Fisher's Island Sound) Fisher's Island, NY. SCTM#1000-4-4-8. 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 hearing reserving decision. Vote of the Board' Ayes' All This Resolution was duly adopted (5-0). 10'10 A.M. - CHRISTIAN ROGERS and DANIELA VITALI (CV)#6697 by Richard Lark, Agent and Christian Rogers and Daniela Vitali, owners. Applicant requests a Special Exception under Article III, Section 280-13B(13). The Applicant is the owner requesting authorization to establish an Accessory Apartment in an accessory structure, located at: 5020 Oregon Road Mattituck, NY. SCTM#1000-95-3-4.1. 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). Page 3—Minutes Regular Meeting held November 7, 2013 Southold Town Zoning Board of Appeals DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS The Board continued with agenda items, and commenced deliberations on the following application. The original determination of the following application as decided is filed with the Southold Town Clerk: APPROVED DETERMINATION PLANNING BOARD OF THE TOWN OF SOUTHOLD#6685 Vote of the Board:Ayes:All This Resolution was duly adopted (5-0) PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 10:33 A.M. - ROY WARD III#6691 by William Fabb, Agent. Request for Variances from Article XXII Code Section 280-1160 and Article XXIII Code Section 280-124 based on an application for building permit and the Building Inspector's August 5, 2013 Notice of Disapproval concerning a permit for "as built" patio structure, at; 1) proposed construction at less than the code required bulkhead setback of 75 feet, , 2) less than the code required minimum rear yard setback of 50 feet, 3) less than the code required minimum side yard setback of 15 feet, located at: 4075 Stillwater Avenue (adj. to East Creek aka Eugene's Creek) Cutchogue, NY. SCTM#1000-137-1-8.1. 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 adjourn the hearing to November 21 2013. Vote of the Board:Ayes'All This Resolution was duly adopted (5-0). 10:51 A.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer to take a short recess. Vote of the Board:Ayes:AllThis Resolution was duly adopted (5-0) 10:57 A.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer to reconvene the Public Hearings. Vote of the Board:Ayes:All This Resolution was duly adopted (5-0) PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 10:57 A.M. - JEFFREY S PUNDYK#6694 by Andrew Berman, Architect. Request for Variances from previous ZBA Grant#5498, conditions#1 and 2 and the Building Inspector's September 6, 2013 Notice of Disapproval based on an application for building permit alterations to an existing nonconforming building with a conforming use (garage) at: 1) change in use from accessory storage garage, 2) addition of utilities other than electric and cold water, located at: 1185 Mill Road Mattituck, NY. SCTM #1000-106.9-8.4. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to close the hearing reserving decision Vote of the Board:Ayes:All This Resolution was duly adopted (5-0). Page 4—Minutes Regular Meeting held November 7, 2013 Southold Town Zoning Board of Appeals WORK SESSION: A. Requests from Board Members for future agenda items. B. Chapter 280-450) discussion PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 1110 A.M. - TRUE LIGHT CHURCH (KEITH BENSON)#6695 by Pastor Keith Benson. Request for Special Exception per Code Section 280-48131, the applicant is requesting permission to convert existing office space to operate a church of worship and religious instruction, located at: 31095 Main Road (aka State Route 25) Cutchogue, NY. SCTM#1000-102-2-24.1. 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 DECISIONS/RESOLUTIONS The Board continued with agenda items, and commenced deliberations on the following application. The original determination of the following application as decided is filed with the Southold Town Clerk: CONDITIONAL APPROVAL 7850 MAIN ROAD. LLC d/b/a THE BLUE INN at NORTH FORK#6675 Vote of the Board Ayes 4 Nays 1 This Resolution was duly adopted (4-1). PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 1152 A.M. - ESTATE OF JAMES J. BISSETT. III#6698 by Eric Russo, Agent. Applicant requests a Special Exception under Article III, Section 280.1313(13). The Applicant is the owner requesting authorization to establish an Accessory Apartment in an accessory structure, located at 55 Cox Neck Road (corner of Middle Road, aka County Route 48, private ROW'S) Mattituck, NY. SCTM#1000.113-7.19.23. 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). RESOLUTIONS A. Reminder Confirmation: The Chairperson confirmed the next Special Meeting Date for November 21, 2013 at 5:00 PM. Page 5—Minutes Regular Meeting held November 7, 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 December 5, 2013 at 8:30 AM.Vote of the Board:Ayes:All This Resolution was duly adopted(5-0)- C. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to approve minutes from Special Meeting held October 17, 2013. Vote of the Board:Ayes:All This Resolution was duly adopted (5-0). 12:08 P.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes to break for lunch. Vote of the Board:Ayes:AllThis Resolution was duly adopted (5 PL 1:30 P.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer to reconvene the Public Hearings. Vote of the Board:Ayes'All This Resolution was duly adopted (5-0) PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 1:31 P.M. - JOANNA CHERNUSHKA#6693 by Bruce Anderson, Agent and Joseph Fischetti, Engineer. Request for Variances from Article XXII Code Section 280-1160 and Article XXIII Code Section 280-124 based on an application for building permit and the Building Inspector's September 6, 2013 amended September 11, 2013 Notice of Disapproval concerning a permit to amend existing building permit#38109z (storm repairs) to include demolition and construction of a new seasonal dwelling, at; 1) proposed construction at less than the code required bulkhead setback of 75 feet, 2) less than the minimum code required rear yard setback of 35 feet, located at: 600 Rabbit Lane (adj. to Gardiner's Bay) East Marion, NY. SCTM#1000-31-18-13. 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 hearing reserving decision Vote of the Board:Ayes:All This Resolution was duly adopted (4-0) Member Horning was absent. 2:15 P.M. Member Horning left. 2:41 P.M. - BREWER YACHT YARD 2 GREENPORT INC #6699 by Zachery Collins, High Point Engineering,Agent and Jessie Gaffga, Manager. Request for Variance from Article XXII Code Section 280-1160 and the Building Inspector's August 6, 2013 Notice of Disapproval based on an application for building permit to demolish and construct a new restroom building, at; 1)proposed structure at less than the code required bulkhead setback of 75 feet, located at: 1410 Manhasset Avenue (adj. to Sterling Creek and Sterling Basin) Greenport, NY. SCTM#1000-36-1.1. 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 bearing reserving decision sub'ect to Page 6—Minutes Regular Meeting held November 7, 2013 Southold Town Zoning Board of Appeals receipt of Cover letter explaining Board of Health sanitary survey and copy of DEC Permit. Vote of the Board:Ayes All This Resolution was duly adopted (4-0) Member Horning was absent. x:r* 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 3:05 P.M. Respenncttf�full ubmitt , V" Vicki Toth ///Z//2013 Included by Reference Filed ZBA Decisions (2) Leslie Kanes Weisman /2,//2013 Approved for Filing Resolution Adopted RE IV D Ce NOV 5 2013 s�ro ay