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Home My WebLink AboutZBA-06/05/2014 BOARD MEMBERS OF S0 Southold Town Hall Leslie Kanes Weisman,Chairperson �o�� yQIO 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes c Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning ' 54375 Main Road(at Youngs Avenue) Kenneth Schneider �' UNT`I,� 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, JUNE 5, 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 June 5, 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 Eric Dantes, Member (arrived 1007 a.m.) Stephen Kiely, Assistant Town Attorney Vicki Toth, ZBA Secretary 8:35 A.M. Chairperson Weisman called the public hearings to order. EXECUTIVE SESSION 8:36 A.M. Motion was offered by Chairperson Weisman, seconded by Member Horning, to enter Executive Session for Attorney/Client advice. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dantes was absent. 9:31 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. 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. - KAROL FILIPKOWSKI#6747—(Adj. from PH 5/1/2014) 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%, Page 2—Minutes Regular Meeting held June 5, 2014 Southold Town Zoning Board of Appeals located at: 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 July 10 2014 at 9:30 a.m.per request of applicant. Vote of the Board: Ayes:All. This Resolution was duly adopted (4-0). Member Dantes was absent. 9:32 A.M. - KAROL FILIPKOWSKI#67485E—(adj. from PH 5/1/2014)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 July 10 2014 at 9:30 a.m. per request of applicant. Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Member Dantes was absent. EXECUTIVE SESSION 9:34 A.M. Motion was offered by Chairperson Weisman, seconded by Member Schneider, to re- enter Executive Session for Attorney/Client advice. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dantes was absent. 10:04 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(4-0). Member Dantes was absent. 10:07 A.M. Member Dantes arrived. 10:07 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: 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: GRANTED IN PART-DENIED IN PART W/CONDITIONS RALPH M. CARBONE, JR. and LAURYN F. CARBONE#6746 APPROVED W/CONDITIONS CEDARS GOLF CLUB, LLC#6745 Page 3—Minutes Regular Meeting held June 5, 2014 Southold Town Zoning Board of Appeals 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 II Actions (No further steps- setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests): 230 OYSTERPONDS LANE. LLC.#6756 A& S SOUTHOLD OIL CORP.#6757 LOUIS AUERBACH (Estate of)#6751 C. BARSI LLC and NITIN P. DESAI#6750 ROBERT G. and MARGARET M. BOMBARA#6758 STEVE and SUZANNE DIVITO#6752 MMMM BEER. LLC. -#6759 MICHAEL RANSON#6753 ROY and EILEEN SCHUMACHER#6754 JENNIFER VALENTINO#6749 WILLIAM and KRISTIN VONEIFF#6755 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: 1010 A.M. - ROY and EILEEN SCHUMACHER#6754 by Roy Schumacher, owner. Request for Variance from Article XXIII Section 280-124 and the Building Inspector's April 10, 2014 Notice of Disapproval based on an application for building permit to construct a deck addition to existing single family dwelling, at; 1) less than the code required rear yard setback of 35 feet, located at: 980 Southern Cross Road (corner Holden Avenue) Cutchogue, NY. SCTM#1000-110-5-49. 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(5-0). 1020 A.M. - MMMM BEER, LLC. -#6759 by Rich Vandenburg. Request for Special Exception per Article XI Section 280-48B(10) to create a drinking establishment within an existing building located in the Business (B) Zone District, located at: 42155 Main Road aka State Route 25 (corner Peconic Lane) Peconic, NY. SCTM#1000-75-1-14. 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). Page 4—Minutes Regular Meeting held June 5, 2014 Southold Town Zoning Board of Appeals 1046 A.M. - STEVE and SUZANNE DIVITO#6752 by Steve Divito, owner. Request for Variance from Article III Section 280-15 and the Building Inspector's April 10, 2014 Notice of Disapproval based on an application for building permit to construct an accessory garage, at; 1) proposed location other than the code required rear yard, located at: 215 Marina Lane East Marion, NY. SCTM#1000-35-8-5.9. 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 subject to receipt of letter from applicant addressing_ financial burden; cost to extend driveway; move condensers; attach to house and removal of tree. Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 11:10 A.M. - JENNIFER VALENTINO#6749 by Eileen Santora,Agent. Request for Variance from Article III Section 280-15 and the Building Inspector's March 11, 2014 Notice of Disapproval based on an application for building permit to construct an accessory pool house, at; 1) proposed location other than the code required rear yard, located at: 235 Latham Lane (corner Latham Lane) Orient, NY. SCTM#1000-15-9- 1.26. 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). 1130 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). 1137 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 (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: 1138 A.M. - MICHAEL RANSON#6753 by William Goggins,Agent. Request for Variance from Article XXII Section 280-116B and the Building Inspector's March 17, 2014 Notice of Disapproval based on an application for building permit for`as built' accessory structures (shed/deck), at; 1) less than the code required bulkhead setback of 75 feet, located at: 8740 Peconic Bay Boulevard (adj. to Great Peconic Bay) Laurel, NY. SCTM#1000-126-5-2.1. 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 adjourn the hearing to July 10, 2014 at 10 A.M. subject to receipt of: Revised Notice of Disapproval; revised survey; setback to deck, shed and gazebo from bulkhead; photos of gazebo from first construction; actual flood zones and additional information re: character of the neighborhood. Vote of the Board:Ayes:All. This Resolution was duly adopted(5-0). 12:05 P.M. -A & S SOUTHOLD OIL CORP.#6757 by Charles Cuddy,Agent; Garrett Strang,Architect and Paul Smith, neighbor with concerns. Request for Variances from Article III Sections 280-15 and 280-15E and the Building Inspector's April 14, 2014, Page 5—Minutes Regular Meeting held June 5, 2014 Southold Town Zoning Board of Appeals amended April 24, 2014 Notice of Disapproval based on an application for building permit to construct an 1,568 sq. ft. accessory canopy, at; 1) proposed location other than the code required rear yard, 2) less than the code required property line setback of 5 feet from Main Bayview Road, 3) less than the code required property line setback of 5 feet from New York State Route 25 (Main Road), located at: 49670 Main Road (aka NYS Route 25) corner of Main Bayview Road, Southold, NY. SCTM#1000-70-7-4. 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 adjourn the hearing, to June 19, 2014, subject to receipt of setback of canopy to existing curbs and application to Planning Board.Vote of the Board:Ayes:All. This Resolution was duly adopted(5-0). 1254 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). 1:33 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). PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 1:15 P.M. - ROBERT G. and MARGARET M. BOMBARA#6758 by Peter Danowski, Agent. Request for Variance from Article IV Section 280-18 and Article 1 Section 280- 4 definition of buildable land and the Building Inspector's April 4, 2014 Notice of Disapproval based on an application for building permit to construct a new single family dwelling, at; 1) lot coverage at more than the code permitted maximum of 20% based on buildable land, located at: 1725 North Sea Drive (adj. to Long Island Sound) Southold, NY. SCTM#1000-54-4-19. 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). 1:57 P.M. - C. BARSI, LLC and NITIN P. DESAI#6750 by Rob Herrmann,Agent. Request for Variance from Article XXII Section 280-116 and the Building Inspector's March 25, 2014, amended March 31, 2014 Notice of Disapproval based on an application for building permit for demolition of an existing single family dwelling, sheds and gazebo, and construction of a new single family dwelling, accessory garage and accessory in-ground swimming pool, at; 1) less than the code required setback of 100 feet from the top of bluff for the accessory in-ground swimming pool, located at: 18915 Soundview Avenue (adj. to Long Island Sound) Southold, NY. SCTM#1000-51- 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). 2:07 P.M. - 230 OYSTERPONDS LANE. LLC.#6756 by Amy Martin, Agent. Request for Variances from Article XXIII Section 280-124 and the Building Inspector's April 7, Page 6—Minutes Regular Meeting held June 5, 2014 Southold Town Zoning Board of Appeals 2014 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 front yard setback of 35 feet, 2) less than the code required side yard setback of 10 feet, 3) less than the code required combined side yard setback of 25 feet, located at: 230 Oyster Ponds Lane Orient, NY. SCTM#1000-17-6-12. 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). 2:15 P.M. Member Horning left. 2:15 P.M. - WILLIAM and KRISTIN VONEIFF#6755 by William and Kristin VonEiff, owners. Request for Variance from Article IX Section 280-49 (Bulk Schedule) and the Building Inspector's April 24, 2014 Notice of Disapproval based on an application for building permit to construct additions and alterations to an existing business building, at; 1) less than the code required side yard setback of 25 feet, located at: 74605 Main Road (aka State Route 25) Greenport, NY. SCTM#100045-4-5.1. 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. Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Member Horning was absent. 2:31 P.M. - LOUIS AUERBACH (Estate of)#6751 by Mary Lou Folts, agent; Dahlia Gorman;William Serh and three other neighbors in favor by show of hands; Shiela McFadden, neighbor with concerns. This is a request for a Waiver of Merger under Article II, Section 280-10A, to unmerge land identified as SCTM#1000-111-6-17, based on the Building Inspector's April 1, 2014 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 lot 1000-111-6-18, located at: 1750 and 1850 Haywaters Road Cutchogue, NY. SCTM#'s 1000-111-6-17&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 close the hearing, reserving decision. Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Member Horning was absent. RESOLUTIONS A. Reminder Confirmation: The Chairperson confirmed the next Special Meeting Date for June 19, 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 July 10 2014 at 8:30 AM.Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Member Horning was absent. C. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded Page 7—Minutes Regular Meeting held June 5, 2014 Southold Town Zoning Board of Appeals by Member Goehringer, to approve minutes for Special Meeting held May 15, 2014. Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Member Horning was absent. WORK SESSION: A. Requests from Board Members for future agenda items. B. Request from Planning Board for review and comments on New Suffolk Waterfront Fund site plan. C. Process and conditions on Special Exception Permit applications requiring ZBA and Planning Board concurrent jurisdiction. There being no other business properly coming before the Board at this time, the Chairperson declared the meeting adjourned. The meeting was adjourned at 2:57 P.M. Resp. ctful�tte , Vicki Toth (p q/2014 IncluALd by Reference: Filed ZBA Decisions (2) Leslie Kanes Weisman 6 /f/2014 Approved for Filing Resolutiqh Adopted RECEIVED JUN ? a. 2014 Q so hold town C