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Home My WebLink AboutZBA-05/01/2014 BOARD MEMBERS OF SOUl Southold Town Hall � y Leslie Kanes Weisman,Chairperson �� OHO 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 Horning 'p �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider l�C�� ,� 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, MAY 1, 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 May 1, 2014 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 (left 1:00 p.m.) Eric Dantes, Member Martin Finnegan, Town Attorney (present 8:36 a.m. —9:09 a.m.) Vicki Toth, ZBA Secretary 8:36 A.M. Chairperson Weisman called the meeting to order. EXECUTIVE SESSION 8:36 A.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes, to enter Executive Session for Attorney/Client advice. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). 9:09 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). 9:13 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: Type Il Actions (No further steps- setback/dimensional/lot waiver/accessory Page 2—Minutes Regular Meeting held May 1, 2014 Southold Town Zoning Board of Appeals apartment/bed and breakfast requests): PETER M. BOGER#6741 RALPH M. CARBONE, JR. and LAURYN F. CARBONE#6746 CHERYL MEDDLES-TORRES #6742 CEDARS GOLF CLUB, LLC. #6745 CHRISTINA QUARTY#6739 JOHN FORESTIERI#6740 GARY and KATHLEEN ZUAR#6743 KAROL FILIPKOWSKI#6747 KAROL FILIPKOWSKI#6748SE ANTHONY ASCH#6738 STEPHAN KALAIJIAN#6744 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: 9:15 A.M. PETER M. BOGER#6741 by Rob Herrmann,Agent; Peter Boger, owner. Request for Variances from Article XXIII Section 280-124 and the Building Inspector's January 28, 2014 Notice of Disapproval based on an application for building permit for demolition of an existing single family dwelling and construction of a new single family dwelling, at; 1) less than the code required front yard setback of 35 feet, 2) less than the code required rear yard setback of 35 feet, located at: 717 Private Road#12 (aka Windy Point Road) (adj. to Corey Creek) Southold, NY. SCTM#1000-87-4-4. 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). 9:36 A.M. RALPH M CARBONE, JR. and LAURYN F. CARBONE #67.4_6 by Steven Ham, Agent; Ralph Carbone, owner and Azure Sleicher, Engineer. Request for Variances from Articles III and XXII, Sections 280-15, 280-13 and 280-116A(1) and the Building Inspector's January 10, 2014, amended January 14 2014, March 17, 2014 and April 2, 2014 Notice of Disapproval based on a building permit application for an `as built' accessory in-ground swimming pool and proposed accessory pool house, at; 1) `as built' swimming pool and proposed pool house location in other than the code required rear yard, 2) more than the code permitted one dwelling on each lot, pool house by design constitutes as a second dwelling unit, 3) `as built' in-ground swimming pool located at less than the code required bluff setback of 100 feet, 4) proposed pool house at less than the code required bluff setback of 100 feet, located at: No# East End Road, (aka Castle Road) (adj. to Block Island Sound) Fishers Island, NY. SCTM #1000-1-2- 6.5. 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 adjourn the hearing, to May 15, 2014. Vote of the Board:Ayes:All. This Resolution was duly adopted(5-0). Page 3—Minutes Regular Meeting held May 1, 2014 Southold Town Zoning Board of Appeals 1018 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). 1024 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: 10.25 A.M. CHERYL MEDDLES-TORRES#6742 by Cheryl Meddles-Torres, owner. Applicant request a Special Exception under Article III Section 280-13B(14). The Applicant is the owner requesting authorization to establish an Accessory Bed and Breakfast, accessory and incidental to the residential occupancy in this single-family dwelling, with three (3)bedrooms for lodging and serving of breakfast to the B&B casual, transient roomers. Location of Property: 26350 Main Road (aka NYS Route 25) Cutchogue, NY. SCTM#1000-109-4-5. 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 close the hearing, reserving decision Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 10:31 A.M. CEDARS GOLF CLUB. LLC#6745 by Paul Pawlowski, owner and Joan Horn, neighbor with concerns.Applicant request a Special Exception under Article III Section 280-13B(7). The Applicant is the owner requesting authorization to continue the use of an existing golf club house in conjunction with the adjoining golf course. Location of Property: 450 Cedars Road(aka 305 Case's Lane, Ext.), Cutchogue, NY. SCTM#1000-109-5-16.2. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Schneider, to close the hearing, reserving decision Vote of the Board:Ayes:All. This Resolution was duly adopted (5- 10:59 A.M. CHRISTINA QUARTY #6739 by Christina Quarty, owner. Request for Variance from Article XXIII Section 280-124 and the Building Inspector's January 29, 2014 Notice of Disapproval based on an application for building permit for an addition to an existing single family dwelling, at; 1) less than the code required front yard setback of 40 feet (Clearview Avenue, West), located at: 1495 Main Bayview Road (corner Clearview Avenue, West), Southold, NY. SCTM #1000-70-8-4. 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). 11:03 A.M. Motion was offered by Member Goehringer, seconded by Member Schneider to take a short recess. Vote of the Board:Ayes:All. This Resolution was duly dopted 5-0 . Page 4—Minutes Regular Meeting held May 1, 2014 Southold Town Zoning Board of Appeals 1108 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=08 A.M. JOHN FORESTIERI #6740 by Carrie Minnick, Agent and John Forestieri, owner. Request for Variance from Article III Section 280-15 and the Building Inspector's March 7, 2014 Notice of Disapproval based on an application for building permit for an `as built' accessory solar array, at; 1) location other than the code required rear yard, located at: 975 Anderson Road, Southold, NY. SCTM#1000-50-1- 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 close the hearing, reserving decision. Vote of the Board:Ayes:All. This Resolution was duly adopted(5-0). 1120 A.M. GARY and KATHLEEN ZUAR#6743 by Michael Kimack, Agent. Request for Variances from Articles XXIII and XXII, Sections 280-124 and 280-116B and the Building Inspector's February 25, 2014 Notice of Disapproval based on an application for building permit for demolition of an existing single family dwelling and construction of a new single family dwelling and accessory garage, at; 1) less than the code required single side yard setback of 15 feet, 2) less than the code required combined side yard setback of 35 feet, 3) more than the code permitted maximum lot coverage of 20%, 4) less than the code required bulkhead setback of 75 feet, located at: 1905 Bayshore Road (adj. to Shelter Island Sound) Greenport, NY. SCTM#1000-53-4- 9. 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 updated survey; amended lot coverage at 21% and move steps out of side yard. Vote of the Board:Ayes:All. This Resolution was duly adopted(5-0). 1152 A.M. KAROL FILIPKOWSKI #6747 by Karol Filipkowski, owner; Donna Dzugas-Smith, neighbor with concerns; Abigail Wickham, Agent for neighbor with concerns. Request for Variances from Article IX Section 280-42 & 43 (Bulk Schedule) and the Building Inspector's March 21, 2014 Notice of Disapproval based on an application for building permit to construct a new building and operate a contractors' yard at; 1) less than the code required front yard setback of 100 feet, 2) less than the code required side yard setback of 20 feet, 3) more than the code permitted maximum lot coverage of 20%, located at: 41250 County Road 48 (aka North Road and Middle Road) Southold, NY. SCTM#1000-59-10-5 AND KAROL FILIPKOWSKI#6748SE (by same as above)Applicant request a Special Exception under Article IX Section 280-41B(2). The Applicant is the owner requesting authorization to operate a contractors'yard. Location of Property: 41250 County Road 48 (aka North Road and Middle Road) Southold, NY. SCTM#1000-59-10-5. 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 adjourn the hearing, to June 5, 2014 at 9:30 a.m. Page 5—Minutes Regular Meeting held May 1, 2014 Southold Town Zoning Board of Appeals subject to receipt of revised plan.Vote of the Board:Ayes:All. This Resolution was duly adopted(5-0). 1232 P.M. Member Goehringer out of room. 1234 P.M. Member Goehringer returned. 12.35 P.M. ANTHONY ASCH #6738 by Urel Taggert, Agent. Request for Variances from Article XXIII Section 280-124 and the Building Inspector's March 4, 2014 Notice of Disapproval based on an application for building permit for a screened porch addition to an existing single family seasonal dwelling, at; 1) less than the code required front yard setback of 35 feet (Skippers Lane), 2) less than the code required front yard setback of 35 feet (Oyster Ponds Lane), 3) more than the code permitted maximum lot coverage of 20%, located at: 290 Skippers (aka State Street) Lane (corner Oyster Ponds Lane) Orient, NY. SCTM#1000-25-1-1. 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 hearing reserving decision subject to receipt of measurement to end of pavement on Oyster Ponds and average setbacks for both roads. Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 1242 P.M. Chairperson Weisman out of room. 1246 P.M. Chairperson Weisman returned. 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 PAN BROTHERS MANAGEMENT#6735 1253 P.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer to recess for lunch.Vote of the Board:Ayes:All. This Resolution was duly adopted(5-0). 1.00 P.M. Member Schneider left. 1:51 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 Schneider 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: 1:54 P.M. STEPHAN KALAIJIAN #6744 by Mike Kimack, Agent and Stephan Kalaijian, owner. Request for Variance from Article III Section 280-14 (Bulk Schedule) Page 6—Minutes Regular Meeting held May 1, 2014 Southold Town Zoning Board of Appeals and the Building Inspector's February 19, 2014 Notice of Disapproval based on an application for building permit for conversion of an`as built' 3rd floor space to habitable space, at; 1) more than the code permitted 2.5 stories, located at: 1977 Bergen Road (aka Private Road#12) (adj. to Long Island Sound) Mattituck, NY. SCTM#1000-112-1- 18. 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 15, 2014 subject to receipt of revised 2nd flood plan (A-9) and 3rd story plan (A-10). Vote of the Board: Ayes: All This Resolution was duly adopted (3-0). Members Schneider and Horning were absent. 2:15 P.M. Member Horning left. RESOLUTIONS A. Reminder Confirmation: The Chairperson confirmed the next Special Meeting Date for May 15, 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 June 5 2014 at 8:30 AM.Vote of the Board:Ayes:All. This Resolution was duly adopted(3-0) Members Schneider and Horning were absent. C. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to approve minutes for Special Meeting held April 17, 2014. Vote of the Board:Ayes:All This Resolution was duly adopted (3-0). Members Schneider and Horning were absent. WORK SESSION- A. Requests from Board Members for future agenda items. B. Time limits on variances. There being no other business properly coming before the Board at this time, the Chairperson declared the meeting adjourned. The meeting was adjourned at 2:28 P.M. Res ctfully submitted, Vicki Toth > /15/2014 Included by Reference: Filed ZBA Decisions (1) Page 7—Minutes Regular Meeting held May 1, 2014 Southold Town Zoning Boa d of Appeals Leslie Kan s Weisman Approved for Filing Resoluti Adopted RECEIVED �IAY 2 0 2014 Q Sou old Town 6erk