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Home My WebLink AboutZBA-11/06/2014 BOARD MEMBERS f3F SOU Southold Town Hall Leslie Kanes Weisman,Chairperson O�� Ty�l 53095 Main Road•P.O.Box 1179 p Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Horning ' *3 • �O 54375 Main Road(at Youngs Avenue) Kenneth Schneider e' e0um 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,NOVEMBER 6,2014 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 November 6,2014 commencing at 8:00 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(arrived 8:40 a.m.) Vicki Toth,ZBA Secretary 8:06 A.M. Chairperson Weisman called the meeting to order. WORK SESSION 8:07 A.M. Motion was offered by Chairperson Weisman,seconded by Member Dantes to enter work session. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). 8:07—9:08 A.M. ZBA Training with Heather Lanza. 9:19 A.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes to exit work session. 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 SHOWALTER FARMS,LLC#6778 Page 2—Minutes Regular Meeting held November 6,2014 Southold Town Zoning Board of Appeals WILLIAM F. GRELLA and GARY D. OSBORN#6773 APPROVED WILLIAM F.GRELLA and GARY D. OSBORN 96789 DEPOT ENTERPRISES,INC. 46791 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, 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): P.M.V.FAMILY, LLC.#6798 RICHARD MANFREDI#6799 ROBERT and PATRICIA HOVEY#6800 W. RICHARD and WENDY BINGHAM#6802 JSF PARTNERSHIP#6806 170 MOORES LANE REALTY CORP. (RATSEY CONSTRUCTION)#6801 JOHN E.MALLEY#6805 MACH3,LLC#6797 SEAN McCOYD#6804 JANICE M.FLISS#6807 Vote of the Board: All. This resolution was duly adopted(5-0). 9:58 A.M. Motion was offered by Chairperson Weisman, seconded Member Dantes to recess to the conference room for Court Arraignment. Vote of the Board:Ayes: All. This Resolution was duly adopted(5- RESOLUTIONS A. Reminder Confirmation: Special Meeting Date for November 20,2014 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 December 4, 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 from Special Meeting held October 16,2014.Vote of the Board:Ayes: All. This Resolution was duly adopted(5-0). Page 3—Minutes Regular Meeting held November 6,2014 Southold Town Zoning Board of Appeals D. RESOLUTION ADOPTED:Motion was offered by Chairperson Weisman, seconded by Member Goehringer to amend decision for Kimogenor(Brennan)#6771. Vote of the Board:Ayes: All. This Resolution was duly adopted(5-0). E. RESOLUTION ADOPTED:Motion was offered by Member Schneider, seconded by Chairperson Weisman to abide by and revise ZBA Code of Conduct Section II.A per most current case law at the annual ZBA Organizational Meeting in January 2015.Vote of the Board:Ayes: All.This Resolution was duly pted(5-0). F. RESOLUTION ADOPTED:Motion was offered by Chairperson Weisman, seconded by Member Schneider to reaffirm original conditions of ZBA#6745 Cedars Golf Club.Vote of the Board:Ayes: All.This Resolution was duly adopted(5-0). WORK SESSION Code Committee Meeting re:transient rentals. 10:51 A.M.Motion was offered by Chairperson Weisman, seconded by Member Dantes to reconvene the meeting following Court Arraignment.Vote of the Board:Ayes: All.This Resolution was duly adopted(5- PUBLIC HEARINGS: The following public hearings were held,with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 10:52 A.M.-P.M.V. FAMILY,LLC.#6798 by Frank Notaro,Agent. Request for Variances from Article XXIII Section 280-124 and the Building Inspector's April 25,2014,renewed August 29, 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 single side yard setback of 15 feet,2)less than the code required combined side yard setback of 35 feet, 3)more than the code permitted maximum lot coverage of 20%, located at:450 Sound Beach Drive(adj.to Long Island Sound)Mattituck,NY. SCTM#1000-99-1-38.2.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 20 2014 subject to receipt of lot coverage and side yard variances in the neighborhood.Vote of the Board: Ayes:All. This Resolution was duly adopted 5-0 . 11:13 A.M.-RICHARD MANFREDI#6799 by Frank Notaro,Agent. Request for Variances from Article XXIII Section 280-124 and the Building Inspector's August 12,2014 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 single side yard setback of 10 feet,2)less than the code required combined side yard setback of 25 feet,located at:240 Sunset Path(Hilltop Path)Southold, NY. SCTM#1000-54-1-19.BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony,motion was offered by Chairperson Weisman,seconded by Member Schneider,to close the hearing,reserving decision.Vote of the Board: Ayes:All. This Resolution was duly adopted(5-0). 11:17 A.M.-ROBERT and PATRICIA HOVEY#6800 by Frank Notaro,Agent.Request for Variance from Article III Section 280-18 and the Building Inspector's August 18,2014 Notice of Disapproval based on an application for building permit to enclose an existing roof deck at: 1)more than the code maximum number of stories of 2 1/2, located at: 125 Hilltop Path(corner Hilltop Path) Southold,NY. SCTM#1000-54-1-20.BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony,motion was offered Page 4—Minutes Regular Meeting held November 6,2014 Southold Town Zoning Board of Appeals by Chairperson Weisman, seconded by Member Schneider,to close the hearing,reserving decision subject to recut of proposed square footage of closed in observation deck and square footage of first and second floors Vote of the Board:Ayes: All.This Resolution was duly adopted(5-0). 11:35 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). 11:40 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- PUBLIC HEARINGS(continued): The following public hearings were held,with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 11:41 A.M.-W.RICHARD and WENDY BINGHAM#6802 by Richard Lark,Agent and Sam Fitzgerald, Agent. Request for Variances from Article XXIII Section 280-124 and Article XXII Section 280-116A(1)and the Building Inspector's September 17,2014 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)more than the code permitted maximum lot coverage of 20%, 3)less than the code required bluff setback of 100 feet, located at: 3973 Central Avenue(adj.to Fishers Island Sound)Fishers Island,NY. SCTM#1000-6- 4-2.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 close the hearingreserving decision.Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). 12:25 P.M.-JSF PARTNERSHIP#6806 by Fred Weber,Agent. Request for Variances from Article III Section 280-15 and the Building Inspector's October 3,2014 Notice of Disapproval based on an application for building permit for accessory garage,at; 1)proposed location at less than the code required front yard setback of 55 feet,2)less than the code required minimum side setback of 20 feet, located at: 1430 Esplanade(adj.to Hog Neck Bay)Southold,NY. SCTM#1000- 88-6-13.46.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). 12.36 P.M.- 170 MOORES LANE REALTY CORP.(RATSEY CONSTRUCTION)#6801 by Lucy Clark,Agent. Request for Variances from Article XI, Sections 280-50A and 280-49 and the Building Inspector's May 30,2014,renewed July 30,2014,Amended October 6,2014 Notice of Disapproval based on an application for building permit for addition and alterations to an existing commercial building,at; 1)less than the code required front side yard setback of 100 feet,2)more than the code permitted maximum lot coverage of 30%, located at: 170 Moores Lane Greenport, NY. SCTM#1000-45-7-3.BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony,motion was offered by Chairperson Weisman, seconded by Member Schneider,to close the hearing reserving decision.Vote of the Board:Ayes: All.This Resolution was duly adopted(5-0). 12:43 P.M. Motion was offered by Chairperson Weisman,seconded by Member Dantes,to take a short recess for lunch.Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). Page 5—Minutes Regular Meeting held November 6,2014 Southold Town Zoning Board of Appeals 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(3- 0).Members Goehringer and Horning were out of the room. PUBLIC HEARINGS(continued): The following public hearings were held,with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 1:19 P.M.-JOHN E.MALLEY#6805 by Jason Leonard,Agent and John Malley,owner. Request for Variances from Article XXIII Section 280-124 and the Building Inspector's September 25,2014 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 35 feet,2)more than the maximum code permitted lot coverage of 20%, located at: 1330 Gillette Drive East Marion,NY. SCTM#1000-38-2-14. 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 subject to receipt of setbacks of adjoining properties Vote of the Board: Ayes: All.This Resolution was duly adopted(5-0). 1:20 P.M.Member Horning returned. 1:21 P.M.Member Goehringer returned. 1:33 P.M. - BARBARA ADAMS and JAN NICHOLSON(CV)#6792 by Patricia Moore, Agent and Jonathan Wendell, neighbor. (Adjourned from 10/2/2014 PH) 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 close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). 2:01 P.M. -MACH3, LLC#6797 by Patricia Moore, Agent and Jo Machinist, owner. Request for reversal of the Building Inspector's determination, based on the Building Inspector's Notice of Disapproval dated September 4, 2014 pursuant to Article III, Section 280-13A based on an application for a Pre-CO for two dwelling units on one lot, at; 1) "as built" conversion of accessory storage building into a second dwelling unit, located at: 30 Smith Road (corner Indian Neck Lane) Peconic, NY. SCTM#1000-98-3-39. 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 December 4, 2014 at 1.15 p.m. subject to receipt of utility bills for the past two years Vote of the Board: Ayes: All This Resolution was duly adopted(4-0).Member Horning was absent. 2:15 P.M. Member Horning left. 2:44 P.M. - SEAN McCOYD #6804 by Sean McCoyd, owner. Request for Variance from Article XXII Section 280-116B and the Building Inspector's September 30, 2014 Notice of Disapproval Page 6—Minutes Regular Meeting held November 6,2014 Southold Town Zoning Board of Appeals based on an application for building permit to construct a deck addition to an existing single family dwelling, at; 1) less than the code required bulkhead setback of 75 feet, located at: 3360 Minnehaha Boulevard (adj. to Corey Creek) Southold, NY. SCTM41000-87-3-66.4. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Dantes,to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Horning was absent. 2:57 P.M. - JANICE M. FUSS #6807 by Janice Fliss, 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: 565 Old Main Road Mattituck, NY. SCTM#1000-122-7-2. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony,motion was offered by Chairperson Weisman, seconded by Member Goebringer, to close the hearing, reserving decision Vote of the Board: Ayes: All. This Resolution was duly dopted (4-0). Member Horning was 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 3:03 P.M. Resp,ec�t1full_y ubmitted Vicki Toth // /,Q/2014 Included by Reference: Filed ZBA Decisions(4) RECEIVED Leslie Kanei Weisman /2014 NOV ?_ 4 2014 Approved for Filing Res ution Adopted Q . t OI ,r