The URL can be used to link to this page

Home My WebLink AboutZBA-02/06/2014 BOARD MEMBERS q f soSouthold Town Hall Leslie Kanes Weisman, Chairperson ~0~ Old 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Eric Dantes Office Location: Gerard P. Goehringer G Q Town Annex /First Floor, Capital One Bank George Homing a, 54375 Main Road (at Youngs Avenue) Kenneth Schneider ~yCOUNN 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, FEBRUARY 6, 2014 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 February 6, 2014 commencing at 8:30 A.M. Present were: Leslie Kanes Weisman, Chairperson/Member George Horning, Member (arrived 9:25 am; left 2:19 pm) Ken Schneider, Member Eric Dantes, Member Jennifer Andaloro, Asst. Town Attorney Vicki Toth, ZBA Secretary Absent was: 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 Schneider, to enter Executive Session. Vote of the Board: Ayes All. This Resolution was duly adopted (3- 00. Members Goehringer and Horning were not present. 9:25 A.M. Member Horning arrived. 9:39 A.M. Motion was offered by Chairperson Weisman, seconded by Member Schneider, to exit Executive Session. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). Members Goehringer and Dantes were not present. 9:40 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: Page 2 - Minutes Regular Meeting held February 6, 2014 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/dimensional/lot waiver/accessory apartment/bed and breakfast requests): ANDREW and SARAH OLSEN #6723 CHRISTOPHER PAVONE #6720 DANIEL and CAROLINA McGOEY #6721 PATRICIA ANN GILCHRIST-MANCINO #6717 NICHOLAS and BARBARA PALLANTE #6718 SOUNA KOOLIK #6719 MELANIE BELKIN #6710 JARRED FIELD #6715 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: 9:40 A.M. - BREEZY SHORES COMMUNITY. INC. (STEVEN FLOTTERON) - #6704 - (Adj. from December 6, 2013 PH). 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 Schneider, to adiourn the hearing, per request of agent to April 3. 2014 at 9:30 A.M.. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 9:41 A.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 (4-0). Member Goehringer was absent. 9:56 A.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 Goehringer was absent. 9:58 A.M. - SUZANNE S. COLEMAN #6688 - by Patricia Moore, Agent; Robert Coleman, owner and Steven Ham for FI Utility Co., opposed. (Adj. from December 6, Page 3 - Minutes Regular Meeting held February 6, 2014 Southold Town Zoning Board of Appeals 2013 PH) Request for Variances from Article III Code Section 280-15 and the Building Inspector's March 4, 2013, renewed August 13, 2013, amended January 2, 2014 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 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 Schneider, to adjourn the hearing to February 20. 2014. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). Member Goehringer was absent and Member Horning recused himself. 1050 A.M. Motion was offered by Chairperson Weisman, seconded by Member Schneider to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). Member Goehringer was absent and Member Horning was out of the room. 1056 A.M. Motion was offered by Chairperson Weisman, seconded by Member Schneider to reconvene the Public Hearings. Vote of the Board: Ayes: All. This Resolution was duly adopted (4.0). Member Goehringer 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: 10:56 A.M. - ANDREW and SARAH OLSEN #6723 by Andrew and Sarah Olsen, owners. Request for Variance Article III Section 280.15 and the Building Inspector's January 7, 2014, Notice of Disapproval based on an application for building permit for two story addition to existing single family dwelling, at; 1) upon completion of construction existing in-ground swimming pool will be located in the side yard, located at: 375 Fairway Drive Cutchogue, NY. SCTM #1000.109-5-14.34. 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 reserving decision. Vote of the Board: Ayes: All. This Resolution was dulLpted (4-0) Member Goehringer was absent. 11:06 A.M. - CHRISTOPHER PAVONE #6720 by Amy Martin, Agent. Request for Variance from Article XXIII Section 280-124B and the Building Inspector's November 15, 2013 Notice of Disapproval based on an application for building permit for partial demolition, additions and alterations to existing single family dwelling, at; 1) more than the code permitted lot coverage of 20%, located at: 560 Village Lane Orient, NY. SCTM #1000-25-1-11. 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 hearing reserving decision subiect to receipt of lot coverage information in the area from agent Page 4 - Minutes Regular Meeting held February 6, 2014 Southold Town Zoning Board of Appeals Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 1117 A.M. - DANIEL and CAROLINA McGOEY #6721 by Amy Martin, Agent. Request for Variances from Article XXIII Section 280-124 and Article XXII Section 280-116B and the Building Inspector's December 6, 2013, amended January 7, 2014 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 minimum side yard setback of 10 feet, 2) less than the code required combined side yards of 25 feet, 3) more than the maximum code allowable lot coverage of 20%, 4) less than the code required bulkhead setback of 75 feet, located at: 1050 Oak Avenue (adj. to Private ROW, Un-named Street and Goose Creek) Southold, NY. SCTM #10000.77- 1-7. 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 reserving decision subject to receipt of: 1. revised site plan showing deck on west side C, 10'; 2. setbacks and rear deck dimensions; 3 other variances in area for lot coverage from agent. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 1135 A.M. - PATRICIA ANN GILCHRIST-MANCINO #6717 by Brian Andrews, Agent. Request for Variance from Article XXIII Section 280-124 and the Building Inspector's November 18, 2013 Notice of Disapproval based on an application for building permit to demolish and rebuild a porch addition to existing single family dwelling: 1) less than the code required minimum rear yard setback of 35 feet, located at: 15 Fourth Street (adj. to Great Peconic Bay) New Suffolk, NY. SCTM #1000-117-10- 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 Horning, to close the hearing reserving decision subiect to receipt of information re: two (2) concrete covers waterside of dwelling not labeled (what are they?) from agent. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 11:48 A.M. - NICHOLAS and BARBARA PALLANTE #6718 by Mike Kimack, Agent. Request for Variances from Article XXII Code Section 280-116 and Article IV Code Section 280-18 based on an application for building permit and the Building Inspector's December 10, 2013 Notice of Disapproval concerning a permit for partial demolition and reconstruction of a single family dwelling, at; 1) proposed construction at less than the code required bulkhead setback of 75 feet, , 2) less than the code required minimum front yard setback of 50 feet, located at: 4302 Wunnewetta Road (adj. to Wunnewetta Pond) Cutchogue, NY. SCTM #1000-111-14-30. 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 subject to receipt of enlarged survey. Vote of the Board: Ayes: All. This Resolution was duly adopted (4- 0). Member Goehringer was absent Page 5 - Minutes Regular Meeting held February 6, 2014 Southold Town Zoning Board of Appeals 1205 P.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes to take a short recess. Vote of the Board: Ayes: All This Resolution was dui adopted (4.0). Member Goehringer was absent 12.09 P.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes to reconvene the Public Hearings. Vote of the Board: Ayes: All This Resolution was duly adopted (4-0). Member Goehringer 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: 12:09 P.M. - SOUNA KOOLIK #6719 by Meryl Kramer, Agent. Request for Variances from Article XXIII Section 280-124 and the Building Inspector's December 18, 2013 Notice of Disapproval based on an application for building permit for partial demolition, reconstruction and additions to an existing dwelling, at' 1) less than the code required front yard setback of 40 feet, 2) less than the code required minimum side yard setback of 15 feet, 3) less than the code required combined side yards of 35 feet, located at: 1200 Sandy Beach Road (adj. to Sterling Creek) Greenport, NY. SCTM #1000.43-3-10. 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 reserving decision Vote of the Board: Ayes: All This Resolution was duly adopted (4-0) Member Goehringer was absent 12:21 P.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes to recess for lunch. Vote of the Board: Ayes: All. This Resolution was duly adopted (4- 0). Member Goehringer was absent WORK SESSION: A. Requests from Board Members for future agenda items. B. Distribution of draft decisions. C. Handling assigned drafts when an assigned member is absent from a Regular and/or Special Meeting. 1:30 P.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes to reconvene the Public Hearings. Vote of the Board: Ayes: All This Resolution was duly adopted (4-0). Member Goehringer 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: 1:31 P.M. - MELANIE BELKIN #6710 by Richard Ignetow, Agent and Meryl Kramer shed Architect. Request for Variance from Article III Section 280-15 and the Building Inspector's September 24, 2013 Notice of Disapproval based on an application for Page 6 - Minutes Regular Meeting held February 6, 2014 Southold Town Zoning Board of Appeals building permit for an accessory in-ground swimming pool and shed, at; 1) proposed location other than the code required rear yard, located at: 1700 Cedar Beach Road Southold, NY. SCTM #1000-89-2-4. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Dantes, to close the hearing reserving decision subject to receipt of' 1. drawings of shed' 2 survey w/top' 3. research other in-ground swimming pools in side yards' 4 pool filtering (no drvwell info); 5. confirm septic location Vote of the Board: Ayes: All This Resolution was duly adopted (4-0). Member Goehringer was absent 2:04 P.M. - JARRED FIELD #6715 by Jarred Field, owner and Tom Samuels, Architect. 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: 37470 County Route 48 (aka North Road & Middle Road) Peconic, NY. SCTM #1000-69-4-10.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Schneider, to adjourn the hearing to April 3. 2014 at 9:50 a .m. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0) Members Goehringer and Horning were absent 2:19 P.M. Member Horning left. 2:32 P.M. - BETTY DEROSKI REVOCABLE TRUST #6707 by Karen Hoeg, Agent. (Adj. from PH 1/9/14) This is a request for a Waiver of Merger under Article II, Section 280-10A, to unmerge land identified as SCTM #1000-136.-1.24.1, based on the Building Inspector's October 30, 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 lots 1000-136.-1-21&22, located at: 275 Oak Street, 2835 & 2855 Harbor Lane Cutchogue, NY. SCTM #'s1000- 136.-1-24.1,21&22. 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 reserving decision. Vote of the Board: Ayes: All This Resolution was duly adopted (3- 0). Members Goehringer and Horning were absent. RESOLUTIONS A. Reminder Confirmation: The Chairperson confirmed the next Special Meeting Date for February 20, 2014 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 March 6, 2014 at 8:30 AM. Vote of the Board: Ayes: All This Resolution was duly adopted (3-0). Members Goehringer and Horning were absent. Page 7 -Minutes Regular Meeting held February 6, 2014 Southold Town Zoning Board of Appeals C. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Schneider, to approve minutes for Special Meeting held January 23, 2014. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0) Members Goehrineer and Horning were absent. r** There being no other business properly coming before the Board at this time, the Chairperson declared the meeting adjourned. The meeting was adjourned at 2:48 P.M. Res ectful submitt d Vicki Toth IZO12014 Incl ed by Reference Filed ZBA Decisions (0) Leslie Kanes Weisman w2 Qc)12014 RECEIVE Approved for Filing Resolution Adopted FEB 4 2014 So thoid E aer'k