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Home My WebLink AboutZBA-04/03/2014 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson o��oF soolyol 53095 Main Road•P.O. Box 1179 Eric Dances Southold,NY 11971-0959 �t #t Office Location: Gerard P.Goehringer Q Town Annex/First Floor,Capital One Bank George Homing • �O 54375 Main Road(at Youngs Avenue) Kenneth Schneider Cow, 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, APRIL 3, 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 April 3, 2014 commencing at 8:30 A.M. Present were Leslie Kanes Weisman, Chairperson/Member Gerard P. Goehringer, Member (arrived 8:43 am) George Horning, Member Ken Schneider, Member Eric Dantes, Member Vicki Toth, ZBA Secretary 8:38 A.M. Chairperson Weisman called the public hearings to order. EXECUTIVE SESSION 8:39 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• Member Goehringer was absent 9:33 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) 9:35 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: POSSIBLE RESOLUTION TO CLOSE VINCENT BERTAULT#6729 - 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 Page 2—Minutes Regular Meeting held April 3, 2014 Southold Town Zoning Board of Appeals 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 Member Goehringer, seconded by Chairperson Weisman, 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 applications. The original determinations of each of the following applications as decided are filed with the Southold Town Clerk: DENIED DENNIS P. and MARYANN SCHLESSINGER#6724 CONDITIONAL APPROVAL GEORGE CURIS#6722 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: Tyne II Actions (No further steps- setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests): MARIO N. BELLETTI FAMILY TRUST#6733 ALBERT PALUMBO#6734 PAN BROTHERS MANAGEMENT. INC.#6735 JOHN CORBLEY#6732 NORTH FORK BUILDERS. INC.#6736 MICHAEL MURRAY and THERESA WARD#6731 SOUTHOLD HISTORICAL SOCIETY#6737 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: 9:41 A.M. BREEZY SHORES COMMUNITY INC. (STEVEN FLOTTERON)#6704 by Robert Brown, Agent and Steve Flotteron, owner. (Adj. from February 6, 2014 PH) Request for Variances from Article XXIII Code Section 280-123, Article XXII Section Page 3—Minutes Regular Meeting held April 3, 2014 Southold Town Zoning Board of Appeals 280-116 (B) and the Building Inspectors 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 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 April 17, 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 May 12014 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 March 20, 2014. Vote of the Board:Ayes:All This Resolution was du adopted (5-0) 9:50 A.M. Member Goehringer out of room. 9:51 A.M. Member Goehringer returned. 9:51 A.M.JARRED FIELD#6715 by Tom Samuels, Agent and Jarred Field, owner - (adj. from 2/6/14 PH). 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 Goehringer, to adjourn the hearing to April 17, 2014, subject to receipt of section plan; second floor plan' calculation for not a demo from Building Department by agent and Building Department to confirm livable floor area. Vote of the Board:Ayes:All This Resolution was duly adonted (5-0). 10:11 A.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 duly adopted 5-0 . 10:18 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. Page 4—Minutes Regular Meeting held April 3, 2014 Southold Town Zoning Board of Appeals 10: 19 A.M. Member Goehringer returned. PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 1018 A.M. MARIO N. BELLETTI FAMILY TRUST#6733 by Mary Griffin. Request for Variances from Article III Section 280-15, C&D and the Building Inspector's October 25, 2013, amended November 8, 2013 Notice of Disapproval based on an application for building permit for reconstruction with an addition to pre-existing, non- conforming storm damaged accessory garage, at; 1) location other code required rear yard, 2) proposed roof dormers at more than the code maximum of 40% of the roof width, 3) proposed square footage exceeding the code permitted 750 square foot maximum, located at: 4700 Wickham Avenue Mattituck, NY. SCTM#1000-107-10-5. 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: insurance information regarding second floor; any photographs of garage prior to damage; information on other large accessory buildings in the area. Vote of the Board:Ayes:All This Resolution was duly adopted (5-0). 1053 A.M.ALBERT PALUMBO#6734 by Albert Palumbo, owner. Request for Variances from Article XXII Section 280-116A(1) and Article XXIII Section 280-124 and Section 280.15(F) and the Building Inspector's January 30, 2014, amended February 25, 2014 Notice of Disapproval based on an application for building permit for reconstruction of a deck to a roofed over addition to existing single family dwelling and existing shed, at; 1) less than the code required setback of 100 feet from the top of bluff, 2) less than the code required combined side yard setback of 25 feet, 3) existing shed at less than the code required front yard setback of 35 feet and less than the code required side yard setback of 3 feet, located at: 1095 Aquaview Avenue (adj. to Long Island Sound) East Marion, NY. SCTM#1000-21-2-14. 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). 1105 A.M. PAN BROTHERS MANAGEMENT, INC.#6735 by Michael Pantelis, owner and Michael Sande, neighbor in favor. Request for Variance from Article III Section 280-15 and the Building Inspector's November 15, 2013 Notice of Disapproval based on an application for building permit for "as built" accessory garages, at; 1) proposed location other than the code required rear yard, located at: 475 Golf View Court East Marion, NY. SCTM#1000-35-2-16.4. 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 (50. 11:30 A.M. Motion was offered by Member Goehringer, seconded by Chairperson Weisman, to take a short recess. Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). Page 5—Minutes Regular Meeting held April 3, 2014 Southold Town Zoning Board of Appeals 1132 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: 11:32 A.M. JOHN CORBLEY#6732 by John Corbley, Owner. Request for Variances from Article XXII Section 280-116B and Article III Section 280-15 and the Building Inspector's November 12, 2013, Updated February 4, 2014 Notice of Disapproval based on an application for building permit for deck addition to existing single family dwelling, at; 1) less than the code required bulkhead setback of 75 feet, 2) upon completion of proposed deck addition existing accessory shed will be in location other than the code required rear yard, located at: 680 Mason Drive (adj. to Haywater Cove) Cutchogue, NY. SCTM#1000.104-7-3. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to close the hearing reserving. Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0) Member Schneider recused himself. 11:46 A.M. NORTH FORK BUILDERS. INC. #6736 by Bill Gorman, Agent. Request for Variances from Article XXIII Section 280.124 and the Building Inspector's February 20, 2014 Notice of Disapproval based on an application for building permit for additions (including front porch and 2nd story) and alterations to an existing single family dwelling, at; 1) less than the code required front yard setback of 35 feet (Knapp Place), 2) less than the code required front yard setback of 35 feet (Bailey Avenue) 3) less than the code required minimum rear yard setback of 35 feet, located at: 755 Knapp Place (corner Bailey Avenue) Greenport, NY. SCTM #1000-34-2.8. 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 Vote of the Board: Ayes:All This Resolution was duly adopted (5.0). 12:01 P.M. MICHAEL MURRAY and THERESA WARD #6731 by Theresa Ward, owner; Frank Ullendahl, Architect; Michael Murray, owner and Carmine Antonelli, neighbor in favor. Request for Variances from Article XXIII Section 280-124, Article XXIII Section 280-122A and Article III Section 280-15 and the Building Inspector's January 21, 2014, amended January 27, 2014 Notice of Disapproval based on an application for building permit for additions/alterations to existing single family dwelling and conversion of existing barn to workshop, at; 1) less than the code required front yard setback of 40 feet from both streets, 2) Increase in nonconformity for the barn conversion, 3) barn location in other than the code required rear yard, located at: 375 Ackerly Pond Lane (corner Lower Road) Southold, NY. SCTM #1000.69-5-12.1. 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 revised plan moving outside shower. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 6—Minutes Regular Meeting held April 3, 2014 Southold Town Zoning Board of Appeals 12:25 P.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). 1:17 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 (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: 1:18 P.M. SOUTHOLD HISTORICAL SOCIETY#6737 by Geoffrey Fleming, Director; Ronald Richardson, John Rowen, Linda Kessler, John Rooney, Mike Domino, Paul Hoyte and Robert Mosquero against; Gary Quist in favor. Request for Special Exception under Chapter 280-45B(8). Owner requests authorization to operate a flea (Antiques) market, located at: 55200 State Route 25 (aka main Road) (Hobart Road) Southold, NY. SCT M#1000-62-2-5.2. 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 May 1 2014 at 1:30 P.M. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Horning was absent. 2:19 P.M. Member Horning left. 2:47 P.M. ROBERT and MARYANN AMABILE #6726 by Jennifer Delvaglio, Agent and Robert Amabile, owner. (Re-opened from March 6, 2014) 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, Amended March 14, 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) lot coverage at more than the code permitted 20%, 3) 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 subject to receipt of revised plan with percentage of patio at grade; percentage of patio above grade and up to 27% lot coverage Vote of the Board:Ayes:All. This Resolution was duly adopted (4- 0) Member Horning was absent. Page 7—Minutes Regular Meeting held April 3, 2014 Southold Town Zoning Board of Appeals WORK SESSION: A. Requests from Board Members for future agenda items. There being no other business properly coming before the Board at this time, the Chairperson declared the meeting adjourned. The meeting was adjourned at 3:20 P.M. Respectfully(!u itte , Vi Toth //2014 I eference Fled ZBA Decisions (2) Leslie Kanes Weisman 2014 REM Approved for Filing Re sol tion Adopted q' �Q 14 Sou old Town Clerk