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Home My WebLink AboutZBA-12/04/2014 BOARD MEMBERSO��QF SU(/r�ol Southold Town Hall Leslie Kanes Weisman,Chairperson 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 �p �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider �yCow, 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, DECEMBER 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 December 4, 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 (arrived 8:38 a.m.) Stephen Kiely, Assistant Town Attorney (arrived 9:05 a.m.) Vicki Toth, ZBA Secretary 8:33 A.M. Chairperson Weisman called the public hearings to order. WORK SESSION 8:34 A.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer to enter work session. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dantes was absent. A. Requests from Board Members for future Agent items. Discussed: • Time Limits on variances—passed • Showalter Revision • Cedars Golf Club 9:22 A.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer to exit work session. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 2—Minutes Regular Meeting held December 4, 2014 Southold Town Zoning Board of Appeals 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: DENIED, GRANT RELIEF AS AMENDED W/CONDITIONS P.M.V. FAMILY, LLC#6798 9:27 A.M. POSSIBLE BOARD RESOLUTION TO RE-OPEN THE FOLLOWING HEARING: SHOWALTER FARMS, LLC.#6778—Motion was offered by Chairperson Weisman, seconded by Member Schneider to reopen the public hearing at the request of the Land Preservation Committee for the purpose of accepting a revised approval letter dated December 2, 2014 and make same part of the ZBA file. Vote of the Board:Ayes:All. This Resolution was duly adopted 5-0 . 9:28 A.M. RESOLUTION ADOPTED: 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). GRANTED AMENDED W/CONDITIONS SHOWALTER FARMS, LLC.#6778 AMENDED Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0).. 9:34 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): 55 COX NECK ROAD REALTY, LLC#6816 CAPT RED'S MARINE SALES#6810 RICHARD and BOBETTE SUTER#6815 JAMES KNOBLOCH#6809 ROGER HERMAN#6812 LAURA COLIN KLEIN#6817 Page 3—Minutes Regular Meeting held December 4, 2014 Southold Town Zoning Board of Appeals ALLEN SANKOVICH#6811 GEORGE ROHRBACH#6814 FRANK McGUIRE#6813 JOAN COOKE#6808 LAUREN ZAMBRELLI#6803 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: 9:35 A.M. - 55 COX NECK ROAD REALTY, LLC#6816 by Steve Libretto, Agent; Charles Cuddy,Agent; Richard Behmoriam, owner; Robert M. and Denise Novarra, neighbors; Eric Bressler and Joseph Fischetti for neighbor who is against. Request for Special Exception under Article III, Section 280-1313(12) for equestrian stables and riding academy, located at: 55 Cox Neck Road (Sound Avenue) Mattituck, NY. SCTM#1000-113-7-19.23. 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 18, 2014. Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 1054 A.M. - CAPT RED'S MARINE SALES#6810 - Request for Variance from Article XI Section 280-49 and the Building Inspector's September 5, 2014 Notice of Disapproval based on an application for building permit to construct a 40' X 90'X35' principal storage building, at; 1) less than the code required minimum side yard setback of 25 feet, located at: 9605 NYS Route 25 Mattituck, NY. SCTM#1000-122-6- 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 Schneider, to adjourn the hearing without a date per request from the owner dated December 1, 2014.Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Member Goehringer recused himself. 1056 A.M. - RICHARD and BOBETTE SUTER#6815 by Richard Suter, owner. Request for Variance from Article XXIII Section 280-124 and the Building Inspector's October 27, 2014 Notice of Disapproval based on an application for building permit for additions and alterations to an existing seasonal single family dwelling, at; 1) less than the code required front yard setback of 40 feet, located at: 855 Fisherman's Beach Road (aka Haywaters Road) (adj. to Cutchogue Harbor) Cutchogue, NY. SCTM#1000-111-1- 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 (5-0). Page 4—Minutes Regular Meeting held December 4, 2014 Southold Town Zoning Board of Appeals 1103 A.M. - JAMES KNOBLOCH#6809 by Michael Knobloch and Kathleen Dwyer, neighbor. Request for Variance from Article XXIII Section 280-124 and the Building Inspector's August 4, 2014 Notice of Disapproval based on an application for building permit an"as built" deck addition to existing single family dwelling, at; 1) less than the code required single side yard setback of 10 feet, located at: 795 Bayview Drive East Marion, NY. SCTM#1000-37-1-19. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to close the hearin-, reserving decision subject to receipt of plan showing proposed fence. Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 1135 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). 1146 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: 1146 A.M. - ROGER HERMAN#6812 by Richard Trpicovsky,Agent. Request for a Variance from Article XXIII Section 280-124 and the Building Inspector's July 16, 2014 Notice of Disapproval based on an application for a building permit for a deck addition to existing single family dwelling, at; less than the code required front yard setback of 35 feet;located at: 18 Sound Road Greenport, NY. SCTM#1000-35-1-17. 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 close the hearing, reserving decision. Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 1153 A.M. —LAURA COLIN KLEIN#6817 by Fred Weber, Agent. Request for Variance from Article III Section 280-14 and the Building Inspector's October 30, 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 front yard setback of 50 feet, located at: 3595 Paradise Point Road (aka Robinson Road) (adj. to Southold Bay) Southold, NY. SCTM#1000-81-1-15.5. 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). 1157 A.M. -ALLEN SANKOVICH#6811 - Request for Variances from Article III Section 280-15 and the Building Inspector's July 21, 2014, 2014 Notice of Disapproval based on an application for an "as built" location of an accessory in-ground swimming pool, at; 1) less than the code required side yard setback of 5 feet, 2) less than the code required rear yard setback of 5 feet, located at: 1240 Longview Lane Southold, NY. SCTM#1000-88-4-45. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was Page 5—Minutes Regular Meeting held December 4, 2014 Southold Town Zoning Board of Appeals offered by Chairperson Weisman, seconded by Member Dantes, to adjourn the hearing to January 8, 2015 at 10:00AM. Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 11:59 A.M. - GEORGE ROHRBACH#6814 by George Rohrbach, owner. Request for Variance from Article III Section 280-15 and the Building Inspector's September 5, 2014 Notice of Disapproval based on an application for building permit for accessory garage, at; location other than the code required rear yard, located at: 1620 Grand Avenue Mattituck, NY. SCTM#1000-107-3-9.2. 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 close the hearing, reserving decision. Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 12:05 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). 1:17 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: 1:17 P.M. - MACH3, LLC#6797 by Pat Moore,Agent and Jo Machinist, owner. (Adj. from 11/6/2014 PH) 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 111, 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 18, 2014. Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 1:47 P.M. - FRANK McGUIRE#6813 by Keri Kazel, Agent. Request for Variances from Article III Section 280-14, Section 280-15 and Article XXIII Section 280-122A and the Building Inspector's September 8, 2014 Notice of Disapproval based on an application for building permit for`as built' additions/alterations to existing single family dwelling and accessory structures, at; 1) (dwelling) less than the code required single side yard setback of 20 feet, 2) (pool house) location other code required rear yard, 3) (garage) location other code required rear yard, located at: 2800 Bridge Lane Cutchogue, NY. SCTM#1000-85-2-3. 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. Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). Page 6—Minutes Regular Meeting held December 4, 2014 Southold Town Zoning Board of Appeals 2:05 P.M. - JOAN COOKE#6808 by Bruce Anderson, Agent;Joseph Fischetti, PE for owner; Julie Laudato and Frances Fiori, neighbors against. Request for Variances from Article XXIII Section 280-124 and the Building Inspector's August 28, 2014 amended September 5, 2014 Notice of Disapproval based on an application for building permit to construct additions and alterations to 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 minimum code required side yard setback of 10 feet, 4) less than the code required total side yard setback of 25 feet, 5) more than the code permitted lot coverage of 20%, located at: 2205 Bay Avenue East Marion, NY. SCTM#1000-31-17-6. 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 adjourn the hearing to December 18, 2014. Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Member Horning was absent. 2:14 P.M. Member Horning left. 3:27 P.M. - LAUREN ZAMBRELLI#6803 by Lauren Zambrelli, owner and John Jessup, neighbor, against. Request for Variance from Article III Section 280-15 and the Building Inspector's February 11, 2014, Updated September 29, 2014 Notice of Disapproval based on an application for building permit to re-construct with second story addition an accessory garage, at; 1) less than the minimum side yard setback of 5 feet, located at: 4910 Pequash Avenue Cutchogue, NY. SCTM#1000-110-3-27. 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 18, 2014.Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Member Horning was absent. RESOLUTIONS A. Reminder Confirmation: Special Meeting Date for December 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 held January 8, 2015 at 8:30 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 from Special Meeting held November 20, 2014. Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Member Horning was absent. Page 7—Minutes Regular Meeting held December 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 4:08 P.M. Rresppeectfully s mitted �( (�, Vicki Toth /8/2014 Incl e by Reference: Fled ZBA Decisions (2) RECEIVED aft U Leslie Kanes Weisman /,-4/k014 D EC 2 6 2014 Approved for Filing Resolution Adopted n %d�-Tf ownC