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Home My WebLink AboutZBA-01/08/2015BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider http://southoldtown.northfork.net Southold Town Hall 53095 Main Road - P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 - Fax (631) 765-9064 MINUTES REGULAR MEETING THURSDAY, JANUARY 8, 2015 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 January 8, 2015 commencing at 8:30 A.M. Present were: Leslie Kanes Weisman, Chairperson/Member Gerard P. Goehringer, Member George Horning, Member (left 2:11 p.m.) Ken Schneider, Member Eric Dantes, Member (arrived 8:40 a.m. to 1210 p.m.) Stephen Kiely, Assistant Town Attorney (arrived 9:07 a.m.) Vicki Toth, ZBA Secretary 8:38 A.M. Chairperson Weisman called the public hearings to order. ORGANIZATIONAL MEETING A. Review Special Exception Permits granted from 2014 for violations/status with Planning Board (where site plan approval is required). B. Review and Re -adopt 1. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Goehringer to re -adopt ZBA Procedural Guidelines. Vote of the Board: Ayes: All. This Resolution was duladopted (5-0). 2. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Goehringer to re -adopt Guidelines to Open Meetings Law and Ethical Issues. Vote of the Board: Ayes: All This Resolution was duly adopted (5-0). 3. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Goehringer to readopt Code of Conduct. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). C. Discussed: Draft Templates. Page 2 — Minutes Regular Meeting held January 8, 2015 Southold Town Zoning Board of Appeals WORK SESSION: A. Requests from Board Members for future agenda items. B. Discuss application responsibility when a member is on vacation. C. Chapters 275 and 280 discussion. Sent to Code Committee. EXECUTIVE SESSION: 9:49 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)- 10:00 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). 10:01 a.m. Discussed PB comments on Soundside Landscape ZBA #6822. 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 AS APPLIED: LAUREN ZAMBRELLI #6803 CONDITIONAL APPROVAL: JAMES KNOBLOCH #6809 10:22 a.m. Chairperson Weisman opened the Public Hearings with the Pledge of Allegiance. STATE ENVIRONMENTAL QUALITY REVIEWS: New Applications: RESOLUTION declaring applications that are setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests as Type II Actions and not subject to environmental review pursuant to State Environmental Quality Review (SEQR) 6 NYCRR, Part 617.5 (c) (3) , including the following: BERRY & BERRY. LLC. #6818 SOUNDSIDE LANDSCAPE. INC. #6822 ESTATE OF WILLIAM H. and MARY WOOD. JR. #6824 ALANE KELLY #6819 MARY MANFREDI #6820 STELIOS and PENELOPE NIKOLAKAKOS #6825 115 COMMERCE DRIVE LLC/2232 ROSES BROOK FARM LLC #6823 Page 3 — Minutes Regular Meeting held January 8, 2015 Southold Town Zoning Board of Appeals 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: 1024 A.M. - ALLEN SANKOVICH #6811— by Allen Sankovich, owner (adjourned from December 4, 2014PH by written request of owner). 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 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). 1037 A.M. - BERRY & BERRY. LLC. #6818 by Patricia Moore, Agent; Walter Berry, owner; and Brett Kehl, Designer. Request for Variances from Article XI Section 280-49 and the Building Inspector's March 8, 2012, Updated October 24, 2014 Notice of Disapproval based on an application for change of use; convert dwelling to Business (office) and construct a four bay garage with office above, at; 1) less than the minimum lot size required for two principal uses, located at: 41535 main Road (aka State Route 25) Peconic, NY. SCTM#1000-75-5-13. 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 January 22. 2015 subject to receipt of revised plan Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:20 A.M. - SOUNDSIDE LANDSCAPE INC #6822 by Gerard Oriental, owner and Brett Kehl, Designer. Request for Variances from Article XV, Sections 280-64A and 280-63 and the Building Inspector's November 5, 2014, amended December 1, 2014 Notice of Disapproval based on an application for building permit to construct a commercial building for landscape contractor's yard, at; 1) less than the code required front yard setback of 100 feet, 2) less than the code required minimum rear yard setback of 70 feet, located at: 67575 Main Road (aka State Route 25) Greenport, NY. SCTM#1000-52-5-58.3. 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 adjourn the hearing to March 5. 2015 at 9:30 am. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:36 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 (5-0). 11:42 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). Page 4 — Minutes Regular Meeting held January 8, 2015 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: 11:42 A.M. - ESTATE OF WILLIAM H. and MARY WOOD JR. #6824 by Karen Hoeg, Agent; Stephen Ham, in support and Patricia Moore representing adjacent neighbor. Request for Variances under Article II Section 280-9 & 10 and the Building Inspector's November 20, 2014, amended December 9, 2014 Notice of Disapproval based on an application for Lot Recognition, which states "the identical lot was created by deed recorded in the Suffolk County Clerk's Office on or before June 30, 1983 and the lot conformed to the minimum lot size set forth in Bulk Schedule AA as of date of lot creation." 1) The deed for the proposed Lot was recorded on December 9, 1971, 2) Lot area is less than the minimum required size of 40,000 square feet, 3) the subject lot is merged with the adjacent lot (13), located at: Reservoir Road (corner Winthrop Drive) Fishers Island, NY. SCTM#1000-9-9-11&13. 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 January 22. 2015 subject to written only. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dantes was absent. 12:10 p.m. Member Dantes left. 12:19 A.M. - ALANE KELLY #6819 by Alane Kelly, owner and Marianne Terry, neighbor in support. Applicant requests a Special Exception under Article III Section 280-13B(14). The Applicant is the owner requesting authorization to establish an Accessory Bed and Breakfast, accessory and incidental to the residential occupancy in this single-family dwelling, with three (3) bedrooms for lodging and serving of breakfast to the B&B casual, transient roomers. Location of Property: 35995 Main Road (aka State Route 25) Cutchogue, NY. SCTM#1000-97-1-21. 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 dopted (4-0). Member Dantes was absent 12:24 A.M. - MARY MANFREDI #6820 by Frank Notaro, Agent. Request for Variance from Article XXIII Section 280-124 and the Building Inspector's November 10, 2014 Notice of Disapproval based on an application for building permit for a second story addition to existing single family dwelling, at; less than the code required rear yard setback of 50 feet, located at: 170 Hilltop Path (Horton's Lane) Southold, NY. SCTM#1000-54-1-29. 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 Dantes was absent. Page 5 — Minutes Regular Meeting held January 8, 2015 Southold Town Zoning Board of Appeals 1230 P.M. Motion was offered by Member Horning, seconded by Chairperson Weisman, to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dantes was absent 1247 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 (4-0). Member Dantes was absent WORK SESSION: • Discussed MACH 3, ZBA#6797. PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 1:21 P.M. - STELIOS and PENELOPE NIKOLAKAKOS #6825 by Ural Talgat, Agent and Penelope Nikolakakos, owner. Request for Variance from Article XXII Section 280- 116A(1) and the Building Inspector's November 12, 2014 Notice of Disapproval based on an application for building permit for additions and alterations to a single family dwelling, at; 1) less than the code required setback of 100 feet from the top of bluff, located at: 20795 Soundview Avenue (adj. to Long Island Sound) Southold, NY. SCTM#1000-51-4-13. 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 Dantes was absent. 1:33 P.M. - 115 COMMERCE DRIVE LLC/2232 ROSES BROOK FARM LLC. #6823 by Martin Kosmynka, owner. Request for Variance from Article XV, Section 280-63 (Bulk Schedule) and the Building Inspector's December 1, 2014 Notice of Disapproval based on an application for building permit for construction of an "as built" third floor conditioned space to an existing commercial building, at; 1) more than the code permitted maximum two stories, located at: 115 Commerce Drive (Depot Road) Cutchogue, NY. SCTM#1000-96-1-1.2. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Horning, to adjourn the hearing to January 22 2015 subject to additional information from owner re: uses. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0) Member Dantes was absent. 1:53 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 (4-0). Member Dantes was absent 2:08 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 (4-0). Member Dantes was absent Page 6 — Minutes Regular Meeting held January 8, 2015 Southold Town Zoning Board of Appeals 2:11 P.M. Member Horning left. PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 2:12 P.M. - 55 COX NECK ROAD REALTY. LLC #6816 — (Adj. from 12/18/14 Spec. Mtg.) by Denise Navarro, neighbor against; Eris Bressler, for neighbor against; Joseph Fischetti, engineer for neighbor against; Charles Cuddy, Agent for owner; Steve Liberto, Agent and Richard Behmoiram, owner. Request for Special Exception under Article III, Section 280-13B(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 January 22, 2015. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0) Members Dantes and Horning were absent. RESOLUTIONS A. Reminder Confirmation: Special Meeting Date for January 22, 2015 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 February 5, 2015 at 8:30 AM. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). Members Dantes and Horning were absent C. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Goehringer to approve minutes from Special Meeting held December 18, 2014. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0) Members Dantes 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 2:34 P.M. Resp ctfully submitte Vicki Toth / /A;r 2015 Included Reference: Filed ZBA Decisions (2) - � Leslie Kanes Weisman / b?2015 Approved for Filing ResolutioA Adopted RECHIVED FEB -220115 Soulhold Town %. A