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Home My WebLink AboutZBA-09/04/2014 BOARD MEMBERS OF SOU Southold Town Hall Leslie Kanes Weisman,Chairperson �� Tiy� 53095 Main Road• P.O. Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning • �O 54375 Main Road(at Youngs Avenue) Kenneth Schneider OIyCou T4 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, SEPTEMBER 4, 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 September 4, 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 Stephen Kiely, Assistant Town Attorney Vicki Toth, ZBA Secretary 8:33 A.M. Chairperson Weisman called the public hearings to order. EXECUTIVE SESSION 8:34 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 (5-0). 9:44 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 (5-0). 9:48 A.M. Chairperson Weisman opened the Public Hearings with the Pledge of Allegiance. POSSIBLE BOARD RESOLUTION TO CLOSE THE FOLLOWING HEARINGS: SHOWALTER FARMS, LLC.#6778 - 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 Member Schneider, seconded Page 2—Minutes Regular Meeting held September 4, 2014 Southold Town Zoning Board of Appeals by Member Goehringer, to close the hearing, reserving decision. Vote of the Board= Ayes:All. This Resolution was duly adopted (5-0). KIMOGENOR POINT, INC. (Brennan)#6771 - 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 nonconforming use, located at: 50 Jackson Street (Adj. to Great Peconic Bay) New Suffolk, 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 close the hearing, reserving decision subject to receipt of correct square footage of dwelling and square footage of rooms on first and second floor. Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). WINDSONG COVE, LLC.#6776 - 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 hearingtptember 18, 2014, subject to review of 280A comments from Town Engineer, Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). ALEXANDER KOFINAS, AS TRUSTEE#6774 - 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. Vote of the Board:Ayes: All. This Resolution was duly adopted (5-0). Page 3—Minutes Regular Meeting held September 4, 2014 Southold Town Zoning Board of Appeals DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: DENIED, GRANT AMENDED RELIEF ALEXANDER KOFINAS, AS TRUSTEE#6774 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 11 Actions (No further steps- setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests): WILLIAM F. GRELLA and GARY D. OSBORN#6773 WILLEM KOOYKER and JUDITH ANN CORRENTE#6788 RICHARD E. and AMANDA J.T. RIEGEL I1I#6786 JOSEPH LICCIARDI and CATHERINE PINO#6782 DOUGLAS and LEE BIVIANO#6760 KATHLEEN AGOGLIA#6779 JOHN R. LYNCH#6785 MICHELLE PELLETIER#6784 SONIA KARAKASH#6780 JANET VAN ADELSBERG#6783 ELIZABETH SADIK#6787 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: 1002 A.M. - WILLIAM F. GRELLA and GARY D. OSBORN#6773 by Bruce Anderson, Agent and Frank Fallino, Architect. Request for Variances from Articles XXIII, XXII and 111, Sections 280-124, 280-116B and 280-14 (Bulk Schedule) and the Building Inspector's August 7, 2013, amended and renewed May 19, 2014, amended June 2, 2014, amended July 14, 2014 Notice of Disapproval based on an application for building permit for partial demolition, reconstruction, additions and alterations of an existing 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, 3) less than the code required single side yard setback of 10 feet, 4) less than the code required combined side yard setback of 25 feet, 5) more than the code permitted maximum lot coverage of 20%, 6) less than the code required bulkhead setback of 75 feet, 7) more than the code permitted 2.5 stories, located at: 1200 First Street(adj. to Great Peconic Bay) New Suffolk, NY. SCTM#1000-117-7-30. 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 September 18, 2014. Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). Page 4—Minutes Regular Meeting held September 4, 2014 Southold Town Zoning Board of Appeals 1003 A.M. - WILLIAM F. GRELLA and GARY D. OSBORN#6789 by Bruce Anderson, Agent and Joseph Fischetti, Engineer. This is a request under Section 280-146D for an Interpretation of the Town Code, Article III, Section 280-14 (Bulk Schedule), appealing the Building Inspector's August 7, 2013, amended and renewed May 19, 2014, amended June 2, 2014, amended July 14, 2014 Notice of Disapproval building permit for partial demolition, reconstruction, additions and alterations of an existing single family dwelling, at; 1) more than the code permitted 2.5 stories„ located at: 1200 First Street(adj. to Great Peconic Bay) New Suffolk, NY. SCTM#1000-117-7-30. 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 September 18, 2014.Vote of the Board: Ayes:All. This Resolution was duly adopted (5-0). 1059 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). 1103 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: 1104 A.M. - WILLEM KOOYKER and JUDITH ANN CORRENTE#6788 by Richard Lark, Agent and Sam Fitzgerald, Architect. Request for Variance from Article XXII Section 280-116A(1) and the Building Inspector's July 29, 2014 Notice of Disapproval based on an application for building permit for a porch addition to existing single family dwelling, at; 1) less than the code required setback of 100 feet from the top of bluff, located at: 7832 Claypoint Road (adj. to Fishers Island Sound) Fishers Island, NY. SCTM#1000-3-1-5. 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). 1118 A.M. - RICHARD E. and AMANDA J.T. RIEGEL III#6786 by Steve Ham, Agent. Request for Variance from Article III Section 280-15 and the Building Inspector's June 18, 2014 Notice of Disapproval based on an application for building permit for`as built' accessory shed/greenhouse, at; 1) location other than the code required rear yard, located at: 3651 Crescent Avenue (corner Central Avenue, Munnatawket Avenue and Fox Avenue) Fisher's Island, NY. SCTM#1000-6-3-1. 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). Page 5—Minutes Regular Meeting held September 4, 2014 Southold Town Zoning Board of Appeals 11:25 A.M. - JOSEPH LICCIARDI and CATHERINE PINO#6782 by Eileen Santora, Agent.Applicant requests a Special Exception under Article 111, Section 280-13B(13). The Applicant is the owner requesting authorization to establish an Accessory Apartment in an accessory structure, located at: 50 Cleaves Point Road (adj. to Orient Harbor) East Marion, NY. SCTM#1000-38-2-31. 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 parking plan. Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 11:31 A.M. - JOSEPH LICCIARDI and CATHERINE PINO#6781 by Eileen Santora, Agent. Request for Variances from Article XXIII Section 280-124 and the Building Inspector's April 18, 2014, renewed July 14, 2014 Notice of Disapproval based on an application for building permit to construct additions and alterations to an existing single family dwelling, at; 1) less than the code required minimum side yard setback of 15 feet, 2) less than the code required combined side yard setback of 35 feet, located at: 50 Cleaves Point Road (adj. to Orient Harbor) East Marion, NY. SCTM#1000-38-2-31. 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 verification of setbacks. Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 11:42 A.M. - DOUGLAS and LEE BIVIANO#6760—(Request for adjournment to October 2, 2014, by letter dated 8/23/14 by the applicant) 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: 1125 Pequash Avenue (corner Willow Street) Cutchogue, NY. SCTM#1000-103-7-20. 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 October 2, 2014 at 9:45 A.M. per request of applicant. Vote of the Board: Ayes:All. This Resolution was duly adopted (5-0). 11:43 A.M. - KATHLEEN AGOGLIA#6779 by Russ Williamson, Agent. Request for Variance from Article XXIII Section 280-124 and the Building Inspector's March 26, 2014, renewed July 14, 2014 Notice of Disapproval based on an application for building permit to construct a porch addition to existing single family dwelling, at; 1) less than the code required minimum side yard setback of 15 feet, located at: 6205 Peconic Bay Boulevard Laurel, NY. SCTM#1000-126-10-24. 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). 11:46 A.M. - JOHN R. LYNCH#6785 by John Trpicousky, Agent. Request for Variance from Article III Section 280-15 and the Building Inspector's December 10, 2013, renewed July 21, 2014 Notice of Disapproval based on an application for building permit for `as built' accessory shed, at; 1) proposed location other than the code Page 6—Minutes Regular Meeting held September 4, 2014 Southold Town Zoning Board of Appeals required rear yard, located at: 1020 Glenn Road (adj. to canal) Southold, NY. SCTM#1000-78-2-28. 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). 1153 A.M. - MICHELLE PELLETIER#6784 by Stephen Templeton, owner. Request for Variances from Article III Section 280-15 and the Building Inspector's July 18, 2014 Notice of Disapproval based on an application for building permit for `as built' accessory sheds and hot tub, at; 1) proposed location other than the code required rear yard, 2) 10X10 shed located at less than the code required minimum side and rear yard setback of 5 feet, located at: 53 (aka 350) Osprey Nest Road (corner Harbor Road) Greenport, NY. SCTM#1000-35-6-17. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to adjourn the hearing to October 2 2014 at 1000 A.M. Vote of the Board:Ayes: All. This Resolution was duly adopted (5-0). 1201 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). 1:18 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. - SONIA KARAKASH#6780 by John Chambers, Agent. Request for Variance from Article XXIII Section 280-124 and the Building Inspector's June 30, 2014 Notice of Disapproval based on an application for building permit to construct additions and alterations to an existing single family dwelling, at; 1) less than the code required rear yard setback of 35 feet, located at: 1170 Third Street New Suffolk, NY. SCTM#1000-117-7-16. 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 September 18, 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 Page 7—Minutes Regular Meeting held September 4, 2014 Southold Town Zoning Board of Appeals held October 2, 2014 at 8:00 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 August 21, 2014. Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). D. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Schneider to amend condition#13 to show revised date of expiration to November 14, 2015 on ZBA#6675 7850 MAIN ROAD, LLC, d/b/a THE BLUE INN AT NORTH FORK per request submitted by Mary O'Brien dated August 21, 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. PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 1:30 P.M. - JANET VAN ADELSBERG#6783 by David Cichanowicz,Agent. Request for Variances from Article III Section 280-15 and the Building Inspector's July 16, 2014 Notice of Disapproval based on an application for building permit to construct accessory shed and in-ground swimming pool, at; 1) proposed location other than the code required rear yard, located at: 4297 Wells Road (adj. to Richmond Creek) Peconic, NY. SCTM#1000-86-1-9.5. 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 survey showing pool with setbacks and location of pool equipment. Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 1:48 P.M. - ELIZABETH SADIK#6787 by Jodi Giglio, Agent and Elizabeth Sadik, owner. Request for Variances from Article XXIII Section 280-124, Article XXII Section 280-116 and Article III Section 280-15 and the Building Inspector's July 30, 2013, renewed May 23, 2014, July 30, 2014, Amended August 8, 2014 Notice of Disapproval based on an application for building permit for additions and alterations to an existing single family dwelling and "as built" accessory shed, at; 1) less than the code required side yard setback of 15 feet, 2) more than the code permitted lot coverage of 20%, 3) less than the code required bluff setback of 100 feet, 4)Accessory shed in location other than the code required rear or front yard on waterfront property, located at: 2300 Sound Drive (adj. to Long Island Sound) Greenport, NY. SCTM#1000-33-1-15. 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 adjourn the hearing to September 18, 2014 pending receipt of amended survey showing increased setback; reduced lot coverage and other pools on bluff with setbacks. Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Member Horning was absent. 2:15 P.M. Member Horning left. Page 8—Minutes Regular Meeting held September 4, 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 2:32 P.M. Respectfully s yubbmitt(�,,d, Vicki Toth /2014 Included by Reference- Filed ZBA Decisions (1) �RECEIVED t14 Kenneth Schneider, Acting Chairperson /J-a014 Approved for Filing Resolution Adopted louth�olown Jerk