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Home My WebLink AboutZBA-10/02/2014 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �*oF $o(/ry0 53095 Main Road•P.O.Box 1179 Eric Dantes l0 Southold,NY 11971-0959 Office Location: Gerard P.Goehringer C, Town Annex/First Floor,Capital One Bank George Horning 54375 Main Road(at Youngs Avenue) Kenneth Schneider �I,YCOU �� 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, OCTOBER 2, 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 October 2, 2014 commencing at 8:00 A.M. Present were: Leslie Kanes Weisman, Chairperson/Member Gerard P. Goehringer, Member George Horning, Member (left 3:00 p.m.) Ken Schneider, Member Eric Dantes, Member Stephen Kiely,Assistant Town Attorney Vicki Toth, ZBA Secretary 8:06 A.M. Chairperson Weisman called the public hearings to order. 8:10—9:30 A.M. Training with Mark Terry. EXECUTIVE SESSION 9:31 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). 9:54 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) 9:59 A.M. Chairperson Weisman opened the Public Hearings with the Pledge of Allegiance. STATE ENVIRONMENTAL QUALITY REVIEWS; A. BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to declare the following Declarations with No Page 2—Minutes Regular Meeting held October 2, 2014 Southold Town Zoning Board of Appeals Adverse Effect for the following projects as applied: Type II Actions (No further steps- setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests): DORIS L. WILLS TRUST#6794 KYLE MATTHEW NICHOLS#6795 RYAN and CHRISTINA WILSBERG#6796 BARBARA ADAMS and JAN NICHOLSON(CV)#6792 NORTH FORK COMMUNITY THEATER#6793 PATRICK and ROBIN WALDEN#6790 DEPOT ENTERPRISES. INC.#6791 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: 1003 A.M. - MICHAEL RANSON#6753 (adj. from August 7, 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 close the hearing, reserving decision.Vote of the Board:Ayes: All. This Resolution was duly adopted (5-0). 1009 A.M. - DOUGLAS and LEE BIVIANO#6760 (adj. from 9/4/14 PH) by Douglas Biviano, owner.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 close the hearing, reserving decision. Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 1013 A.M. - MICHELLE PELLETIER#6784 APPLICANT NO SHOW(Adj.from 9/4/14 PH) by Steven Templeton and Michelle Pelletier, owners; Ralph Grandinetti and Frank Mather, neighbors, against. 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 Page 3—Minutes Regular Meeting held October 2, 2014 Southold Town Zoning Board of Appeals (aka 350) Osprey Nest Road(corner Harbor Road) Greenport, NY. SCTM#1000-35-6- 17. 1021 A.M. Motion offered by Chairperson Weisman, seconded by Member Goehringer to suspend the hearing until applicant arrives. Vote of the Board:Ayes:All. 1021 A.M. - DORIS L.WILLS TRUST#6794 by Nancy Dwyer, Agent and Richard Wills, Trustee. Request for Variances from Articles XXIII and XXII, Sections 280-124 and 280-116B and the Building Inspector's August 4, 2014 Notice of Disapproval based on an application for a deck addition to an existing single family dwelling, at; 1) less than the code required single side yard setback of 15 feet, 2) less than the code required bulkhead setback of 75 feet, located at: 1815 Bayshore Road (adj. to Pipes Cove) Greenport, NY. SCTM#1000-53-4-8. 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). 10:32 A.M. - MICHELLE PELLETIER#6784 APPLICANT ARRIVAL. Motion offered by Chairperson Weisman, seconded by Member Goehringer to resume the hearing. Vote of the Board:Ayes:All. 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 dulv adopted (5-0). 11:00 A.M. - KYLE MATTHEW NICHOLS#6795 by Kyle Nichols, owner and Jennifer Leskody, neighbor in support. Request for Variance from Article III Section 280-15 and the Building Inspector's August 18, 2014 Notice of Disapproval based on an application for building permit for accessory in-ground swimming pool, at;partial location other than the code required rear yard, located at: 830 Deerfoot Path Cutchogue, NY. SCTM#1000-103-4-4. 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 subject to receipt of information re: drywell; sound proofing of pool equipment and location of equipment.Vote of the Board:Ayes: All. This Resolution was duly adopted (5-0). 11:14 A.M. - RYAN and CHRISTINA WILSBERG#6796 by Ryan and Christina Wilsberg, owners. This is a request for a Waiver of Merger under Article 11, Section 280-10A, to unmerge land identified as SCTM#1000-122-5-23.4, based on the Building Inspector's September 2, 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 1000-122-5-23.5, located at: 3549 and 4095 Ole Jule Lane Mattituck, NY. SCTM#'x1000-122-5-23.4 & 23.5. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Page 4—Minutes Regular Meeting held October 2, 2014 Southold Town Zoning Board of Appeals Weisman, seconded by Member Goehringer, to close the hearing, reserving decision. Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 1122 A.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 5-0 . 1129 A.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes 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: 11:30 A.M. - BARBARA ADAMS and JAN NICHOLSON(CV)#6792 by Patricia Moore,Agent; Michael Solomon for neighbor Mr. Wendell; Ed Dart; Lori Gillaburte; Carol Freda; Ken Rushin; Glen McNab all neighbors, against and Dan Durrett, Greenport Resident, neutral. Request for Variances from Article XXII Section 280- 116B and Article XXIII Section 280-124 and Section 280-15(F) and the Building Inspector's May 28, 2014, amended July 29, 2014, amended August 4, 2014 Notice of Disapproval based on an application for building permit for partially demolish and relocate an existing single family dwelling as an accessory building, construct a new single family dwelling and construct a new accessory garage, at; 1) less than the code required setback of 75 feet from the bulkhead, 2) less than the code required front yard setback of 40 feet, 3) less than the code required rear yard setback of 40 feet, 4) accessory building in location other than the front(waterfront) or rear yard, 5) accessory garage proposed in a location other than the front (waterfront) or rear yard, located at: 8100 Indian Neck Lane (adj. to Hog Neck Bay) Peconic, NY. SCTM#1000- 86-7-9. 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 adjourn the hearing to November 6, 2014 at 1:30 p.m.Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 1:00 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 5-0 . 1:08 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: 1:08 P.M. - NORTH FORK COMMUNITY THEATER#6793 by Robert Stromski, Agent. Request for Variance from Article X Section 280-46 (Bulk Schedule) and the Building Inspector's June 23, 2014 Notice of Disapproval based on an application for building permit for additions and alterations to existing theater building, at; 1) less than code required rear yard setback of 25 feet, located at: 12700 Sound Avenue Page 5—Minutes Regular Meeting held October 2, 2014 Southold Town Zoning Board of Appeals Mattituck, NY. SCTM#1000-141-4-32.4. 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 (50- 1:15 5-0)1:15 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). 1:40 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: 1:41 P.M. - PATRICK and ROBIN WALDEN#6790 by Kevin McLaughlin,Agent and Robin Walden, owner. This is a request for a Waiver of Merger under Article II, Section 280-10A, to unmerge land identified as SCTM#1000-41.-1-14, based on the Building Inspector's May 15, 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 lots 1000-41.-1-12&15, located at: 105 Main Street, 100 Wilmarth Avenue and 1220 Wilmarth Avenue Greenport, NY. SCTM#'s1000-41.-1-14, 15 &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). 2:05 P.M. - DEPOT ENTERPRISES. INC.#6791 by Charles Cuddy, Agent and Julie Hanus, owner. This is a request under Section 280-146D for an Interpretation of the Town Code,Article VIII, Section 280-38, "Permitted uses", appealing the Building Inspector's July 28, 2014 Notice of Disapproval for"as built"permit to convert the single family portion of an existing nonconforming fitness club building to a retail flower shop (not a permitted use), located at: 29325 Main Road(Depot Lane) Cutchogue, NY. SCTM#1000-102-2-12.6. 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). 2:39 P.M. - WILLIAM F. GRELLA and GARY D. OSBORN#6773 by Bruce Anderson, Agent and Joseph Fischetti, Engineer. Request for Variances from Articles XXIII, XXII and III, 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 Page 6—Minutes Regular Meeting held October 2, 2014 Southold Town Zoning Board of Appeals existing single family dwelling, at; 1) less than the code required front yard setback of 35 feet, 2) less than the code required single side yard setback of 25 feet, 3) less than the code required combined side yard setback of 50 feet, 4) more than the code permitted maximum lot coverage of 30%, 5) less than the code required bulkhead setback of 75 feet, 6) more than the code permitted 2 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 close the hearing reserving decision. Vote of the Board:Ayes:All This Resolution was duly adopted (4-0). Member Horning was absent. 2:39 P.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 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 close the hearing reserving decision.Vote of the Board:Ayes:All This Resolution was duly adopted (4-0) Member Horning was absent. 3:00 P.M. Member Horning left. RESOLUTIONS A. Reminder Confirmation: The Chairperson confirmed the next Special Meeting Date for October 16, 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 November 6, 2014 at 8:00 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 by Member Goehringer, to approve minutes for Special Meeting held September 18, 2014. Vote of the Board:Ayes:All. This Resolution was duly adopted (3-1). Chairperson Weisman Abstained. Member Horning was absent. WORK SESSION: A. Requests from Board Members for future agenda items. B. Structures in sideyard. Page 7—Minutes Regular Meeting held October 2, 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 3:10 P.M. Respectfully sub i1tted, Vicki Toth/a //6/2014 Included Reference: File BA Decisions (0) Leslie Kanes Weisman /V //,6/2014 RPE, ED Approved for Filing Resolution AdoptedOCT1 2014 Q� S thold Town Clerk