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Home My WebLink AboutZBA-07/10/2014 BOARD MEMBERS *QF SO Southold Town Hall Leslie Kanes Weisman,Chairperson � y0�o 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 54375 Main Road(at Youngs Avenue) Kenneth Schneider �ycoutM,N 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, JULY 10, 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 July 10, 2014 commencing at 8:30 A.M. Present were: Leslie Kanes Weisman, Chairperson/Member Gerard P. Goehringer, Member George Horning, Member (left 2:14 p.m.) Ken Schneider, Member Eric Dantes, Member 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 Goehringer, to enter Executive Session for Attorney/Client advice. Vote of the Board: Ayes: All This Resolution was duly adopted (5-0) 9:30 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) POSSIBLE RESOLUTION ROBERT G. and MARGARET M. BOMBARA#6758—(To reopen the hearing for the sole purpose of accepting into the file an updated survey noting proposed lot coverage.) 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 Page 2—Minutes Regular Meeting held July 10, 2014 Southold Town Zoning Board of Appeals was offered by Chairperson Weisman, seconded by Member Goehringer, to re-open Public Hearing and accept updated survey. Vote of the Board:Ayes:All. This Resolution was duly adopted(5-0). BOARD RESOLUTION: Motion was offered Chairperson Weisman, seconded by Member Schneider, to close the hearing subject to receipt of amended Notice of Disapproval. 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: APPROVED WITH CONDITIONS: A&S SOUTHOLD OIL CORP.#6757 DENIED: STEVE and SUZANNE DIVITO#6752 Vote of the Board:Ayes: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: 9:59 A.M. - KAROL FILIPKOWSKI#6747—(Adj. from PH 6/5/2014) 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%, 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 Schneider, to adjourn the hearing, without a date. Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 9:59 A.M. - KAROL FILIPKOWSKI#67485E —(adj. from PH 6/5/2014)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 Page 3—Minutes Regular Meeting held July 10, 2014 Southold Town Zoning Board of Appeals August 7 2014 at 9:30 a.m. Vote of the Board:Ayes:All. This Resolution was duly adopted(5-0). STATE ENVIRONMENTAL QUALITY REVIEWS; A. New Applications: RESOLUTION declaring applications that are setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests as Type II Actions and not subject to environmental review pursuant to State Environmental Quality Review (SEAR) 6 NYCRR, Part 617.5 (c) (3) , including the following: CACI PARTNERS. LLC#6761 ROBERT G. WARDEN and MARGARET S. WARDEN#6768 NICOLAS DE CROISSET#6762 DOMELUCA. LLC#6766 MICHAEL JOHNSON#6764 THOMAS and KATHLEEN BURKE#6763 MMMM BEER. LLC. -#6759 JEWELL GONZALEZ#6765 HELEN STRATIGOS#6767 RESOLUTIONS A. Reminder Confirmation: The Chairperson confirmed the next Special Meeting Date for July 24, 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 August 7, 2014 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 June 19, 2014. Vote of the Board:Ayes:All. This Resolution was duly adopted(5-0). WORK SESSION: A. Requests from Board Members for future agenda items. COURT ARRAIGNMENT 10:04 A.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 5-0 . Page 4—Minutes Regular Meeting held July 10, 2014 Southold Town Zoning Board of Appeals 1033 A.M. Motion was offered by Chairperson Weisman, seconded Member Goehringer to reconvene the Public Hearings. Vote of the Board:Ayes:All. This Resolution was duly adopted 5-0 . 1035 A.M. Chairperson Weisman opened the Public Hearings with the Pledge of Allegiance PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 1035 A.M. - MICHAEL RANSON#6753 (adj. from June 5, 2014 PH)—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 August 7, 2014 at 9:45 a.m., subject to receipt of Pre-CO Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 1059 A.M. - CACI PARTNERS, LLC#6761 by Patricia Moore, Agent. Request for Variance from Article III Section 280-15B and the Building Inspector's May 28, 2014 Notice of Disapproval based on an application for building permit for demolition and reconstruction of an existing accessory building, at: 1) less than the code required side yard setback of 25 feet, located at: 56125 Main Road (aka NYS Route 25) Southold, NY. SCTM#1000-63-3-10. BOARD RESOLUTION= (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board Ayes:All. This Resolution was duly adopted (5-0). 1113 A.M. - ROBERT G. WARDEN and MARGARET S. WARDEN#6768 by Sam Fitzgerald, Agent. Request for Variance from Article XXIII Section 280-124 and the Building Inspector's June 6, 2014 Notice of Disapproval based on an application for additions and alterations to an existing single family dwelling, at: 1) less than the code required minimum rear yard setback of 75 feet, located at: 2945 Equestrian Avenue (adj. to Little Hay Harbor) Fishers Island, NY. SCTM#100-9-3-14.1. 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 (5-0). 1120 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). 1125 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). Page 5—Minutes Regular Meeting held July 10, 2014 Southold Town Zoning Board of Appeals PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 11:25 A.M. - NICOLAS DE CROISSET#6762 by Mike Kimack, Agent; Nicolas DeCroisset, owner; Jane Martin, neighbor in support. Request for Variances from Article XXIII Section 280-124 and Article XXII Section 280-116 and the Building Inspector's January 13, 2014, amended/renewed April 22, 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 bulkhead setback of 75 feet, located at: 20 Third Street(adj. to Great Peconic Bay) New Suffolk, NY. SCTM#1000-117-10-19. 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). 12:02 P.M. - DOMELUCA. LLC#6766 by Mike Kimack, Agent. Request for Variance from Article III Section 280-15 and the Building Inspector's June 4, 2014 Notice of Disapproval based on an application for building permit to construct in-ground swimming pool, at; 1) proposed location other than the code required rear yard, located at: 14909 Main Road (aka State Route 25) (adj. to Dam Pond) East Marion, NY. SCTM #1000-23-1-2.3. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to close the hearing, reserving decision pending receipt of survey with drainage and pool drywell. Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 12:15 P.M. - MICHAEL JOHNSON#6764 by David Murray,Agent. Request for Variance from Article XXIII Section 280-124 and the Building Inspector's June 3, 2014, amended June 5, 2014 Notice of Disapproval based on an application to convert existing unheated enclosed porch to conditioned living space in an existing single family dwelling, at: 1) less than the code required minimum front yard setback of 40 feet, located at: 38200 Main Road(aka NY State Route 25) Orient, NY. SCTM#1000- 20-3-14.3. 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 decision. Vote of the Board:Ayes:All. This Resolution was duly adopted (5- 12:19 P.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 (5-0). 1:16 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 dulv adopted (5-0). Page 6—Minutes Regular Meeting held July 10, 2014 Southold Town Zoning Board of Appeals PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 1:16 P.M. - THOMAS and KATHLEEN BURKE#6763 (Request for Adjournment to August 7 per letter received from applicant dated July 9, 2014). Robert Irrgang, neighbor against. 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: 1570 Bray Avenue (corner Fourth Street) Laurel, NY. SCTM#1000-126-7-26.1. 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 August 7 2014 at 10:00 a.m., per applicant request Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 1:45 P.M. - JEWELL GONZALEZ#6765 by Stacey Bishop,Agent. Request for Variance from Article XXIII Section 280-124 and the Building Inspector's May 12, 2014 Notice of Disapproval based on an application for building permit for an addition to an existing single family dwelling, at; 1) more than the code permitted lot coverage of 20%, located at: 1380 Waterview Drive Southold, NY. SCTM#1000-78-7-25. 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). 1:55 P.M. - HELEN STRATIGOS#6767 by Garrett Strang, Agent. Request for Variances from Article XXIII Section 280-124 and Section 280-15(B)(F) and the Building Inspector's January 27, 2014, amended March 13, 2014 Notice of Disapproval based on an application for building permit for second story addition to existing single family dwelling and an accessory garage, at; 1) less than the code required combined side yard setback of 25 feet, 2), more than the code permitted maximum lot coverage of 20%, 3)Accessory garage at less than the code required front yard setback of 35 feet, 4) accessory garage at less than the code required side yard setback of 5 feet, located at: 1500 Sound Beach Drive (adj. to Long Island Sound) Mattituck, NY, SCTM#1000-106- 1-33.1. 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 24, 2014. Vote of the Board:Ayes:All. This Resolution was duly adopted(4-0). Member Horning was absent. 2:14: Member Horning left. 2:30 P.M. - MMMM BEER. LLC.#6770 by Richard Vandenburg, owner. Request for Variance from Article III Section 280-15 and the Building Inspector's May 28, 2014 Notice of Disapproval based on an application for building permit for an`as built' accessory storage building, at; 1) location other than the code required rear yard, 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 (4-0). Member Horning was absent. Page 7—Minutes Regular Meeting held July 10, 2014 Southold Town Zoning Board of Appeals There being no other business properly coming before the Board at this time, the Chairperson declared the meeting adjourned. The meeting was adjourned at 2:45 P.M. Respectfully submitted, Vicki Toth / /2014 Includ Reference: Filed ZBA Decisions (2) Leslie Kanes Weisman 2014 Approved for Filing Res? Adopted REEIV D JUL 0 2014 Q uthold Town Clerk