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Home My WebLink AboutZBA-12/05/2013 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson o~~OF SO(/jho 53095 Main Road • P.O. Box 1179 Eric Dantes lO Southold, NY 11971-0959 ~t #t Office Location: Gerard P. Goehringer co ac Town Annex /First Floor, Capital One Bank George Homing % • ~O 54375 Main Road (at Youngs Avenue) Ken Schneider 9, COUNN Southold, NY 11971 http://southoldtown.nonhfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 MINUTES REGULAR MEETING THURSDAY, DECEMBER 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 December 5, 2013 commencing at 8:30 A.M. Present were: Leslie Kanes Weisman, Chairperson/Member Gerard P. Goehringer, Member George Horning, Member (left 1:15 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 public hearings to order. EXECUTIVE SESSION: 8:41 A.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes, to enter Executive Session. Vote of the Board: Ayes: All. This Resolution was duly adopted (5.0) 9:25 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). 9:30 A.M. Chairperson Weisman opened the Public Hearings with the Pledge of Allegiance. 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: Page 2 - Minutes Regular Meeting held December 5, 2013 Southold Town Zoning Board of Appeals Tyne II Actions (No further steps- setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests): WILLIAM MURPHY and KIMBERLY REECE #6700 BONNIE JEAN ROBERTSON #6701 BREEZY SHORES COMMUNITY INC. (STEVEN FLOTTERON) - #6704 BRIAN and TABITHA McQUADE #6702 TIMOTHY MCMANUS #6706 PHILIP and JENNIFER STANTON #6705 EDITH and STEVE PAPASTEFANOU #6703 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: 9:32 A.M. - WILLIAM MURPHY and KIMBERLY REECE #6700 by Rob Herrmann, Agent; Melissa Cicetti, Architect and Kim Reece, owner. Request for Variance from Article IV Section 280-18 and the Building Inspector's July 25, 2013 Notice of Disapproval based on an application for building permit for demolition/reconstruction and additions/ alterations to existing single family dwelling: 1) less than the code required minimum rear yard setback of 50 feet, located at: 1652 Bridge Lane (adj. to Great Peconic Bay, and Wunneweta Pond) Cutchogue, NY. SCTM #1000.118-1-4.1. 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 subiect to receipt of survey with correct labeling of buffer. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0) 10:07 A.M. - BONNIE JEAN ROBERTSON #6701 by Rob Herrmann, Agent; Jennifer Gould, Attorney for applicant; Pat Moore, Attorney for owner of empty lot. Request for Variances from Article III Code Section 280-18, Article XXIII Code Section 124 and Article III Code Section 280.15 and the Building Inspector's March 1, 2013, amended and renewed August 22, 2013, amended October 8, 2013 Notice of Disapproval based on an application for building permit for "as built" additions/alterations to existing single family dwelling and `as built' accessory structure and combining two lots, at; 1) proposed combining of two lots at less than the minimum lot size of 40,000 square feet, 2) additions/alterations to dwelling at less than the code required minimum rear yard setback of 50 feet, 3) 'as built' accessory shed in a location other than the code required rear yard, located at: 55 Dickinson Street, (corner Third Avenue and Henry's Lane) Peconic, NY. SCTM #1000-67-3.10 & #1000-74-1.2. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Page 3 - Minutes Regular Meeting held December 5, 2013 Southold Town Zoning Board of Appeals Goehringer, to close the hearing reserving decision subject to receipt of Planning Board comments per request of ZBA. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1038 A.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:45 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: 10:46 A.M. - BREEZY SHORES COMMUNITY. INC. (STEVEN FLOTTERON) #6704 by Rob Brown, Architect and Steve Flotteron, owner. Request for Variances from Article XXIII Code Section 280-123, Article XXII Section 280.116 (B) and the Building Inspector's October 31, 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, 2) less than the code required bulkhead setback of 75 feet, located at: #7 Breezy Shores Community, Inc., 65490 Main Road (aka State Route 25) aka 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 Chairperson Weisman, seconded by Member Goehringer, to adjourn the hearing to February 6. 2014 at 9:30 a.m. Vote of the Board: Ayes: All. This Resolution was duly adopted (5.0). 11:17 A.M. - BRIAN and TABITHA McQUADE #6702 by Mark Schwartz, Architect, and Brian McQuade, owner. Request for Variances from Article XXIII Section 280-124 and Article III Code Section 280-15C and the Building Inspector's September 23, 2013 Notice of Disapproval based on an application for building permit for additions/alterations to existing single family dwelling and addition/alteration to existing accessory garage: 1) less than the code required minimum front yard setback of 35 feet, 2) accessory exceeding the maximum 660 square feet on lots containing up to 20,000 square feet, located at: 650 Old Shipyard Lane (corner Landon Road) Southold, NY. SCTM #1000-64-2-44. 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 subject to receipt of site plan with septic shown Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:31 A.M. - TIMOTHY McMANUS #6706 by William Goggins, Agent and Paul Pawlowski, Contractor. Request for Variance from Article XXII Section 280-116 (B) Page 4 - Minutes Regular Meeting held December 5, 2013 Southold Town Zoning Board of Appeals and the Building Inspector's October 18, 2013 Notice of Disapproval based on an application for building permit for renovation of a cabana/shower and construct new decking, at; 1) less than the code required bulkhead setback of 75 feet, 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.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to_adiourn the hearing to December 19. 2013 subiect to receipt of possible amended site plan Vote of the Board' Ayes: All This Resolution was duly adopted (5-0) 1154 A.M. - PHILIP and JENNIFER STANTON #6705 by Pat Moore, Agent. Request for Variance from Article IV Code Section 280.18 based on an application for building permit and the Building Inspector's November 4, 2013 Notice of Disapproval concerning a permit for a subdivision and conversion of an existing accessory building to a single family dwelling, at; 1) following the proposed subdivision, the proposed conversion will be a less than the code required front yard setback of 50 feet, located at: 845 Maple Lane (adj. to Town Creek) Southold, NY. SCTM #1000-64-1-29. 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 undated survey and CO's. Vote of the Board: Ayes: All This Resolution was duly adopted (5-0). 12:06 P.M. - EDITH and STEVE PAPASTEFANOU #6703 by Pat Moore, Agent; George Papamichael, Contract Vendee and Theresa Sweeney, neighbor. Request for Variances from Article III Code Section 280.15 and the Building Inspector's September 5, 2013 Notice of Disapproval based on an application for building permit for "as Built" in-ground swimming pool and `as Built' shed, at; 1) in-ground swimming pool in location other than code required rear yard, 2) accessory shed in location other than the code required rear yard, located at: 7400 Main Road (aka S.R. 25, corner of Cedar Lane (R.O.W) East Marion, NY. SCTM #1000.31.6-30. 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. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0) 12:26 P.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer to break for lunch. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:00 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) Page 5 -Minutes Regular Meeting held December 5, 2013 Southold Town Zoning Board of Appeals RESOLUTIONS A. Reminder Confirmation: The Chairperson confirmed the next Special Meeting date for December 19, 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 January 9, 2014 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 for Special Meeting held November 21, 2013. 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: APPROVED WITH CONDITIONS BREWER YACHT YARD (1a, GREENPORT. INC #6699 Vote of the Board: Ayes: All. This Resolution was duly adopted (5.0) 1:15 P.M. Member Horning left. 1:15 P.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer to recess hearings. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 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 (4.0). Member Horning was absent PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 1:30 P.M. - SUZANNE S. COLEMAN #6688 by Pat Moore, Agent; Robert Coleman, owner; Steven Ham for adjacent neighbor. (Adj. from October 3, 2013 PH) Request for Variances from Article III Code Section 280-15 and the Building Inspector's March 4, 2013, renewed August 13, 2013 Notice of Disapproval based on an application for building permit for "as Built" alterations to an existing pool house, construction of an in-ground swimming pool and construction of a gazebo, at; 1) work outside of the scope of the building permit and certificate of occupancy for the pool house, 2) pool house at less than the code permitted minimum side yard setback of 15 feet, 3) pool house at less than the code permitted minimum rear yard setback of 15 feet, 4) In-ground Page 6 - Minutes Regular Meeting held December 5, 2013 Southold Town Zoning Board of Appeals swimming pool in a location other than the code required rear yard, 5) "as built" gazebo in a location other than the code required rear yard, located at: No # Montauk Avenue Fisher's Island, NY. SCTM #1000-9-2-15. 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 adiourn the hearing to February 6. 2014 at 9:50 a.m. Vote of the Board: Ayes: All. This Resolution was duly adopted (4.0). Member Horning was absent. 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 2:54 P.M. Respectfully bmitte , Vicki /c) /,)()/2013 Included by Reference: Filed ZBA Decisions (1) RNEVE,, ie Kanes Weisman 2013 E 2 13 Lesl Approved for Filing Resolution Adopted Q So hold Town Clerk