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Home My WebLink AboutZBA-03/06/2014 BOARD MEMBERS ~F soar Southold Town Hall Leslie Kanes Weisman, Chairperson yO 53095 Main Road • P.O. Box 1179 ti~ l0 Southold, NY 11971-0959 Eric Dames * Office Location: Gerard P. Goehringer G Q Town Annex /First Floor, Capital One Bank George Horning % i~ 54375 Main Road (at Youngs Avenue) Kenneth Schneider ? COUNT 1 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, MARCH 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 March 6, 2014 commencing at 8:30 A.M. Present were: Leslie Kanes Weisman, Chairperson/Member Gerard P. Goehringer, Member George Horning, Member Ken Schneider, Member Jennifer Andaloro, Asst. Town Attorney Vicki Toth, ZBA Secretary Absent was: Eric Dantes, Member 8:35 A.M. Chairperson Weisman called the public hearings to order. EXECUTIVE SESSION 8:35 A.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to enter Executive Session. Vote of the Board: Ayes: All. This Resolution was duly adopted (4- Member Dantes was absent. 9:36 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 Dantes was absent. 9.44 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 Schneider, to declare the following Declarations with No Page 2 - Minutes Regular Meeting held March 6, 2014 Southold Town Zoning Board of Appeals Adverse Effect for the following projects as applied: Type II Actions (No further steps- setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests): ROBERT and MARYANN AMABILE #6726 VINCENT BERTAULT #6729 FORDHAM HOUSE. LLC #6725 L. PATRICK and JENNIFER HIGGINS #6730 DENNIS P. and MARYANN SCHLESSINGER #6724 GEORGE CURIS #6722 JOSEPH and CYNTHIA SCHAFER #6727 FREDERICK C. SCOFIELD, JR. #6728 Vote of the Board: All. This resolution was duly adopted (4-0). Member Dantes was absent. PUBLIC HEARINGS: The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 9:45 A.M. - ROBERT and MARYANN AMABILE #6726 by C. J. Delvaglio, Agent and Bob Amabile, owner. Request for Variances from Article IV Code Section 280.18 and Article XXII Code Section 280-116 and the Building Inspector's October 24, 2013, amended November 8, 2013, amended January 6, 2014 Notice of Disapproval based on an application for building permit for addition to existing single family dwelling (raised patio with in-ground swimming pool), at; 1) less than the code required minimum side yard setback of 15 feet, 2) less than the code required 100 foot setback from top of bluff, located at: 1365 Aquaview Avenue (adj. to Long Island Sound) East Marion, NY. SCTM #1000-22-2-1. 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 pending receipt of: CO for lower deck' undated survey to show electric. well and septic system' cut deck back 5 ` - show 10' side yard setback. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dantes was absent. 10:06 A.M. - VINCENT BERTAULT #6729 by Gary R. O'Connor, Agent; Vincent Bertault, owner; Pat Moore for Mr. Gesell, neighbor, against and Ellen McNeely, neighbor, against. Request for Variance from Article III Section 280-15 and the Building Inspector's October 15, 2013, Renewed January 24, 2014 Notice of Disapproval based on an application for building permit for relocation of existing accessory barn and shed, at; 1) accessory barn and shed proposed in a location other than the code required rear yard, located at: 95 Navy Street (adj. to Willow Street) Orient, NY. SCTM #1000.26.1.12.2. 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 adjourn the hearing, to March 20. 2014. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dantes was absent. Page 3 - Minutes Regular Meeting held March 6, 2014 Southold Town Zoning Board of Appeals 1048 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 (4.0). Member Dantes was absent. 1051 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 Dantes 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: 1052 A.M. - FORDHAM HOUSE LLC #6725 by Stacey Bishop, Agent. Request for Variance from Article IV Code Section 280-18 based on an application for building permit and the Building Inspector's January 9, 2014, amended January 16, 2014 Notice of Disapproval concerning a permit to construct a new single family dwelling, at; 1) lot coverage more than the code permitted 20%, 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 March 20. 2014 pending receipt of amended survey showing reduced lot coverage Vote of the Board: Ayes: All This Resolution was duly adopted (4-0) Member Dantes was absent 11:10 A.M. - L. PATRICK and JENNIFER HIGGINS #6730 by Tom Samuels, Agent. Request for Variances from Article XXII Section 280.122A and Article III Section 280- 15F and the Building Inspector's December 23, 2013 Notice of Disapproval based on an application for building permit for additions and alterations to existing non-conforming accessory garage, at; 1) proposed increase in non-conformance, 2) less than the code required side yard setback of 25 feet, located at: 410 Jackson Street (adj. to Great Peconic Bay) New Suffolk, NY. SCTM #1000-117.10.3.5. 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 reserving decision Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dantes was absent 11:20 A.M. - DENNIS P. and MARYANN SCHLESSINGER #6724 by Dennis Schlessinger, owner. Request for Variance from Article III Section 280-15C and the Building Inspector's December 12, 2013 Notice of Disapproval based on an application for building permit for an accessory garage, at; 1) proposed square footage exceeding the code permitted 750 square foot maximum, located at: 2165 Gabriella Court Mattituck, NY. SCTM #1000.108-4-7.52. 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 information regarding large accessory structures in the area; provide existing lot coverage and proposed lot coverage Vote of the Board: Ayes: All This Resolution was duly adopted (4-0). Member Dantes was absent 11:39 A.M. - GEORGE CURIS #6722 by Bruce Anderson, Agent. Request for Variances from Article III Code Section 280-15 and Article XXII Code Section 280.116A(1) and the Building Inspector's December 4, 2013 Notice of Disapproval based on an Page 4 -Minutes Regular Meeting held March 6, 2014 Southold Town Zoning Board of Appeals application for building permit for accessory in-ground swimming pool, at; 1) location other than the code required rear yard, 2) less than the code required 100 foot setback from top of bluff, located at: 3190 North Sea Drive (adj. to Long Island Sound) Orient, NY. SCTM #1000.15-1-5. 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 close the hearing reserving decision subiect to receipt of revised survey with new pool location at 70'. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0) Member Dantes was absent. 12:17 P.M. - JOSEPH and CYNTHIA SCHAFER #6727 by Joseph Schafer, owner. Request for Variances from Article XXII Section 280-116 and Article XXIII Section 280-124 and the Building Inspector's January 8, 2014 Notice of Disapproval based on an application for building permit for partial demolition and reconstruction of a single family dwelling, at; 1) less than the code required bulkhead setback of 75 feet, 2) less than the code required front yard setback of 35 feet, located at: 1030 West Lake Drive (adj. to Little Peconic Bay) Southold, NY. SCTM #1000-90-2-3. 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 Dantes was absent 12:30 P.M. Motion was offered by Chairperson Weisman, seconded by Member Schneider to recess for Court Arraignment. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0) Member Dantes was absent. WORK SESSION: A. Requests from Board Members for future agenda items. B. Discussed changing July meeting dates - move ahead one week. C. Discussed HAC and Code Committee on Accessory Apartments. 1:22 P.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 Dantes 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: 1:23 P.M. - FREDERICK C. SCOFIELD JR #6728 by Meryl Kramer, Agent. Request for Variances from Article XXIII Section 280.124 and the Building Inspector's December 26, 2013, amended December 30, 2013 Notice of Disapproval based on an application for building permit to construct additions and alterations to existing single family dwelling, at: 1) less than the code required side yard setback of 10 feet, 2) less than the code required rear yard setback of 35 feet, located at: 19915 Main Road (aka State Road 25) (corner Stephenson Road and Private Road (Birdseye) Orient, NY. SCTM #1000-17.1.13. 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 adjourn the Page 5 -Minutes Regular Meeting held March 6, 2014 Southold Town Zoning Board of Appeals hearing, to March 20. 2014 subject to receipt of information from Agent re: number of houses accessing Birdseye; and information on character of neighborhood with regard to existing setbacks. Vote of the Board: Ayes: All This Resolution was duly adopted (4- 0). Member Dantes was absent. 1:51 P.M. - MELANIE BELKIN #6710 by Meryl Kramer, Agent and Melanie Belkin, owner. (Adj. from 2/5/14PH) 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 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 Goehringer, to close the hearing, reserving decision. Vote of the Board: Ayes: All This Resolution was duly adopted (4-0) Member Dantes was absent. RESOLUTIONS A. Reminder Confirmation: The Chairperson confirmed the next Special Meeting Date for March 20, 2014 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 April 3, 2014 at 8:30 AM. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dantes was absent C. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to approve minutes for Special Meeting held February 20, 2014.. Vote of the Board: Ayes: All. This Resolution was duly adopted (4- 0). Member Dantes 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 2:01 P.M. Resp ctfully s bmitted Vicki Toth 3 /do/2014 Inclu by Reference: Filed ZBA Decisions (0) / I RECEI ED MAR 2 4 2014 Leslie Kanes Weisman ~ j0/2014 Approved for Filing Resolution Adopted So old Town Clerk