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Home My WebLink AboutZBA-08/07/2014 BOARD MEMBERSSouthold Town Hall 'of so Leslie Kanes Weisman,Chairperson Q1 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 �'Y�Qu ,� 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, AUGUST 7, 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 August 7, 2014 commencing at 8:30 A.M. Present were: Leslie Kanes Weisman, Chairperson/Member George Horning, Member (left 2:15 p.m.) Ken Schneider, Member Eric Dantes, Member Stephen Kiely,Assistant Town Attorney Vicki Toth, ZBA Secretary Absent: Gerard P. Goehringer, Member 8:30 A.M. Chairperson Weisman called the public hearings to order. EXECUTIVE SESSION 8:31 A.M. Motion was offered by Chairperson Weisman, seconded by Member Schneider, to enter Executive Session for Attorney/Client advice. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 9:21 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 Goehringer was absent. 9:35 A.M. Chairperson Weisman opened the Public Hearings with the Pledge of Allegiance. Page 2—Minutes Regular Meeting held August 7, 2014 Southold Town Zoning Board of Appeals STATE ENVIRONMENTAL QUALITY REVIEWS; A. BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Horning, to declare the following Declarations with No Adverse Effect for the following projects as applied: Type 11 Actions (No further steps- setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests): WALTER BELANCIC#6769 ANREW KEATING and COLLEEN SHARP#6777 SPENCER DRAYTON#6772 SHOWALTER FARMS. LLC.#6778 KIMOGENOR POINT, INC. (Brennan)#6771 WINDSONG COVE. LLC.#6776 ALEXANDER KOFINAS. AS TRUSTEE#6774 NORTH FORK INVESTORS. LLC.#6775 Vote of the Board: All This resolution was duly adopted(4-0). Member Goehring_er was absent. PUBLIC HEARINGS: The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 9:36 A.M. - KAROL FILIPKOWSKI#6748SE (adj. from PH 6/5/2014 and 7/10/2014) by Karol Filipkowski, owner.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 Schneider, to adjourn the hearing to August 21 2014 pendingreceipt eceipt of comments from Planning Board Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 9:50 A.M. - MICHAEL RANSON#6753 (adj. from PH July 10, 2014) 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 Dantes, to adjourn the hearing to October 2 2014 at 9:45 a.m.Vote of the Board:Ayes:All This Resolution was duly adopted (4-0). Member Goehrineer was absent. Page 3—Minutes Regular Meeting held August 7, 2014 Southold Town Zoning Board of Appeals RESOLUTIONS A. Reminder Confirmation: The Chairperson confirmed the next Special Meeting Date for August 21, 2014 at 5:00 PM. B. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Schneider to set the next Regular Meeting with Public Hearings to be held September 4, 2014 at 8:00 AM. Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Member Goehringer was absent. C. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Schneider, to approve minutes for Special Meeting held July 24, 2014. Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Member Goehringer was absent. WORK SESSION: A. Requests from Board Members for future agenda items. 1. Discuss structures in Side yards PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 10:01 A.M. - THOMAS and KATHLEEN BURKE#6763 (Adj. from PH July 10, 2014) by Kathleen and Thomas Burke, owners and Robert Irrgang, neighbor against. Applicant requests a Special Exception under Article III, Section 280-13B(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 Schneider, to close the hearing, reserving decision.Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 10:12 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 Goehringer was absent. 10:19 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 (3-0). Member Goehringer was absent. Member Horning was out of the room. 10:20 A.M. Member Horning returned. Page 4—Minutes Regular Meeting held August 7, 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: 1021 A.M. - WALTER BELANCIC#6769 by Walter Belancic, owner. Request for Variance from Article III Section 280-15 and the Building Inspector's May 29, 2014 Notice of Disapproval based on an application for building permit for"as built" accessory shed, at; location other than the code required rear yard, located at: 500 Hill Road (Midfarm Road) Southold, NY. SCTM#1000-70-4-35. 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 Goehringer was absent. 10:40 A.M. -ANDREW KEATING and COLLEEN SHARP#6777 by Chris Fokine, Agent and Andrew Keating, owner. Request for Variance from Article III Code Section 280-15F and the Building Inspector's June 3, 2014 Notice of Disapproval based on an application for building permit to construct accessory garage, at: 1) less than the code required front yard setback(for waterfront property) of 35 feet, located at: 700 Ruch Lane (adj. to Arshamomoque Pond) Southold, NY. SCTM#1000-52-2-28.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Schneider, to close the hearing, reserving decision.Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 10:55 A.M. - NORTH FORK INVESTORS. LLC.#6775 by Craig Hasday and Philip Wells, agents. Request for Variance from Article IV Section 280-18 (Bulk Schedule) and the Building Inspector's June 25, 2014 Notice of Disapproval based on an application for building permit for additions and alterations to existing single family dwelling, at; 1) less than code required single side yard setback of 15 feet, located at: 3475 Wunneweta Road (corner Little Peconic Bay) Cutchogue, NY. SCTM#1000-111-8- 17. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Horning, to close the hearing, reserving decision.Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0) Member Goehringer was absent. 11:00 A.M. - SPENCER DRAYTON#6772 by Spencer Drayton, owner. Request for Variances from Article XXIII Section 280-124 and the Building Inspector's June 28, 2013, renewed May 23, 2014, updated July 9, 2014 Notice of Disapproval based on an application for building permit for additions and alterations to an existing single family dwelling, at; 1) less than the code required front yard setback of 40 feet, 2) less than the code required side yard setback of 15 feet, located at: 1120 Jacksons Landing, Mattituck, NY. SCTM#1000-113-6-1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Schneider, to close the hearing, reserving decision. Vote of the Board:Ayes:All. This Resolution was duly adopted(4-0). Member Goehringer was absent. Page 5—Minutes Regular Meeting held August 7, 2014 Southold Town Zoning Board of Appeals 1107 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 Goehringer was absent. 1115 A.M. - COURT ARRAIGNMENT 1129 A.M. Motion was offered by Chairperson Weisman, seconded Member Dantes to reconvene the Public Hearings. Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Member Goehringer 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: 1130 A.M. - SHOWALTER FARMS. LLC.#6778SE by Ray Nemshick, agent;Anne Gilvarry, neighbor; Doug Piersall, neighbor;All Tesiny;Annette Collins Ferrara—all against; Lucille Sullivan w/concerns; Derek McClaine w/concerns;Jennifer McNamara w/concerns; and Ron Chavalas, President EELHA, in favor. Request for Special Exception under Article III, Section 280-13B(12) for equestrian stables and riding academy, located at: 18625 Main Road (aka NYS Route 25) Mattituck, NY. SCTM#1000-108-4-1.3 & 1.4. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Horning, to adjourn the hearing to August 21 2014; open for written comments only until August 19, 2014. Vote of the Board:Ayes:All This Resolution was duly adopted (4-0). Member Goehringer was absent. 1256 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(4-0) Member Goehringer was absent. 1:04 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 Goehringer 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: 1:04 P.M. - KIMOGENOR POINT, INC. (Brennan)#6771 by Tom Samuels,Agent; Donald Brennan, owner; Bob Fox neighbor; Mary Williams Marsh, neighbor, in support. Request for Variance from Article XXIII Code Section 280-123 and the Building Inspector's June 5, 2014 Notice of Disapproval based on an application for building permit for demolition and construction of a new single family dwelling 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. The existing cottage is a nonconforming building with a non- conforming use, located at: 50 Jackson Street (Adj. to Great Peconic Bay) New Suffolk, Page 6—Minutes Regular Meeting held August 7, 2014 Southold Town Zoning Board of Appeals NY. SCTM#1000-116-6-24.1 (Cottage#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 Horning, to adjourn the hearing to August 21 2014 pending receipt of revised Sheet 4. Vote of the Board:Ayes:All This Resolution was duly adopted (4-0). Member Goehringer was absent. 2:07 P.M. - WINDSONG COVE. LLC.#6776 by David Jannuzzi, Esq; and Nicholas Planamento, for adjoining neighbors against. Request for Variance from Article III Section 280-15 and Section 208-105C3 the Building Inspector's May 30, 2014, Amended June 26, 2014 Notice of Disapproval based on an application for building permit to construct accessory pool house, pergola, in-ground pool and deer fence, at; 1) accessory pool house, pergola, in-ground pool in location other than the code required rear yard, 2) 8' deer fence proposed in location other than side and rear yard, located at: 3770 Private Road#1(adj. to Long Island Sound) East Marion, NY. SCTM#1000-22- 3-4. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Schneider, to adjourn the hearing to August 21, 2014, for written comments only.Vote of the Board:Ayes:All. This Resolution was duly adopted (3-0) Members Goehringer and Horning were absent. 2:15 P.M. Member Horning left. 2:28 P.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 (3-0) Members Goehringer and Horning were absent. 2:31 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) Members Goehringer and Horning were absent. PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 2:32 P.M. -ALEXANDER KOFINAS. AS TRUSTEE#6774 by Michael Kimack, agent and Alexander Kofinas, owner; Mary Lou Folts Brautigan, neighbor, in favor; Pat Iavarone, neighbor, against pool setback only. Request for Variances from Article XXII Section 280-116B and Article III Section 280-15 and the Building Inspector's June 10, 2014 Notice of Disapproval based on an application for building permit to re-build a single family dwelling with pool surround, cabana and legalize an"as built" storage building with deck, at; 1) less than the code required bulkhead setback of 75 feet for all structures, 2) "as built" storage shed and deck at less than the code required rear yard setback of 15 feet, 3) accessory pool cabana proposed in location other than the code required rear yard, located at: 805 West Road (adj. to Peconic Bay) Cutchogue, NY. SCTM#1000-10-7-4. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Schneider, to close the hearing, reserving decision pending receipt of: size of shed; revised site plan w/pool setback Page 7–Minutes Regular Meeting held August 7, 2014 Southold Town Zoning Board of Appeals additional 10' and pool drywell.Vote of the Board:Ayes:All. This Resolution was duly adopted (3-0). Members Goehringer and Horning were 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 3:16 P.M. Respectfully submitted, V� Tn— Vicki Toth /2014 Included by Reference: Filed ZBA Decisions (0) C�L l Lt4 1— RECEIVED Leslie Kanes Weisman ' /.1/2014 pp� Approved for Filing Resolution Adopted AUG,a�-�(�toia Southold Town Clerk