HomeMy WebLinkAboutZBA-02/05/2015BOARD 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, FEBRUARY 5, 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 February 5, 2015 commencing at 8:30 A.M.
Present were:
Leslie Kanes Weisman, Chairperson/Member
George Horning, Member
Ken Schneider, Member
Eric Dantes, Member
Stephen Kiely, Assistant Town Attorney (arrived 9:02 a.m.)
Vicki Toth, ZBA Secretary
Absent: Gerard P. Goehringer, Member
8:35 A.M. Chairperson Weisman called the meeting to order.
WORK SESSION:
A. Requests from Board Members for future agenda items.
B. Bulk Schedules.
C. Chapters 215.
D. Training suggestions: review Trustee applications, Case law updates
EXECUTIVE SESSION:
9:20 a.m. Motion was offered by Chairperson Weisman, seconded by Member Schneider to
enter Executive Session for Attorney/Client advice. Vote of the Board: Ayes: All. This
Resolution was duly adopted (4-0). Member Goehringer was absent.
9:34 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 (4-0).
Member Goehringer was absent.
Page 2 — Minutes
Regular Meeting held February 5, 2015
Southold Town Zoning Board of Appeals
9:34 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 (4-0). Member
Goehringer was absent.
9:38 a.m. Motion was offered by Chairperson Weisman, seconded by Member Dantes to
reconvene Public Hearings. Vote of the Board- Ayes: All This Resolution was duly adopted (4-
0). Member Goehringer was absent.
9:38 a.m. Chairperson Weisman opened the Public Hearings with the Pledge of Allegiance.
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:
GRANT SPECIAL EXCEPTION PERMIT W/CONDITIONS
55 COX NECK ROAD REALTY. LLC #6816
Vote of the Board' Ayes' All This Resolution was duly adopted (4-0) Member Goehringer was
absent.
STATE ENVIRONMENTAL QUALITY REVIEWS:
A. BOARD RESOLUTION: Motion was offered by Chairperson Weisman,
seconded by Member Dantes, 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):
ROBERT W. DIXON #6831
DAVID TURNER #6830
RICK NAPPI #6828
860 BAYVIEW DRIVE, LLC #6829
TIMOTHY and GEORGIA QUINN #6833
MARY A. HOVEY #6832
LEWIS TEPERMAN #6826
Vote of the Board: All This resolution was duly adopted (4-0). Member Goehringer was
absent.
PUBLIC HEARINGS: The following public hearings were held, with Chairperson Weisman
introducing each application and reading of the Legal Notice as published:
Page 3 — Minutes
Regular Meeting held February 5, 2015
Southold Town Zoning Board of Appeals
9:41 A.M. - JOAN COOKE #6808 (Adj. from 12/18/14) - by Bruce Anderson, Agent;
Joseph Fischetti, Engineer; Julie Laudato, Maureen Beaury and Sue Camramski,
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 Horning, to close the hearing reserving decision
subject to: revisedplans showing two onsite parking spaces edge of pavement and
existing trees Vote of the Board: Ayes: All This Resolution was duly adopted (4-0).
Member Goehringer was absent.
1030 A.M. - ROBERT W. DIXON #6831 by Patricia Moore, Agent; Dan McMonigle and
Geniveve McMonigle neighbors, against. This is a request for a Waiver of Merger
under Article II, Section 280-10A, to unmerge land identified as SCTM #1000-38-6-5,
based on the Building Inspector's December 15, 2014 Notice of Disapproval, which
states a nonconforming lot shall merge with an adjacent conforming or nonconforming
lot held in common ownership 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 1000-38.-6-6, located at: 555 & 545 South Lane(corner West Lane)
East Marion, NY. SCTM #'s1000-38-6-5&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 Dantes,
to close the hearing, reserving decision Vote of the Board: Ayes: All. This Resolution
was duly adopted (4-0). Member Goehringer was absent.
1055 A.M. - DAVID TURNER #6830 by David Turner, owner. Request for Variances
from Article XXIII Section 280-124 and the Building Inspector's December 5, 2014
Notice of Disapproval based on an application for building permit for additions and
alterations to existing single family dwelling, at; 1) less than the code required
minimum single side yard setback of 5 feet, 2) less than the code required minimum
combined side yard setback of 25 feet located at: 640 West Shore Drive (adj. to
Southold Bay) Southold, NY. SCTM#1000-80-1-47.1 BOARD RESOLUTION: (Please
see transcript of written statements prepared under separate cover.) After receiving
testimony, motion was offered by Chairperson Weisman, seconded by Member
Horning, to close the hearing reserving decision. Vote of the Board: Ayes: All. This
Resolution was duly adopted (4-0). Member Goehringer was absent.
11:02 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
(4-0). Member Goehringer was absent.
Page 4 — Minutes
Regular Meeting held February 5, 2015
Southold Town Zoning Board of Appeals
1109 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 (4-0). Member Goehringer was absent.
PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson
Weisman introducing each application and reading of the Legal Notice as published:
1110 A.M. - RICK NAPPI #6828 by Mike Kimack, Agent. Request for Variances from
Article XXIII Section 280-124 and Article XXII Section 280-116B and the Building
Inspector's December 3, 2014 Notice of Disapproval based on an application for
building permit for 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
minimum single side yard setback of 10 feet, 3) less than the code required bulkhead
setback of 75 feet, located at: 5218 Peconic Bay Boulevard (adj. to Great Peconic Bay)
Laurel, NY. SCTM#1000-128-2-22 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 (4-0). Member Goehringer was absent.
11:21 A.M. - 860 BAYVIEW DRIVE LLC #6829 - Request for Variance from Article
XXII Section 280-116B and the Building Inspector's September 3, 2014, renewed
December 15, 2014 Notice of Disapproval based on an application for building permit
to construct a deck, at; 1) less than the code required bulkhead setback of 75 feet,
located at: 860 Bayview Drive (adj. to Spring Pond) East Marion, NY. SCTM#1000-37-
5-7 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 (4-0). Member
Goehringer was absent.
11:39 A.M. - TIMOTHY and GEORGIA QUINN #6833 by Georgia and Timothy Quinn,
owners; Jane Stageberg, Agent; Anthony Tohill, Attorney for neighbor with concerns.
Request for Variances from Article III Code Section 280-15 and Article XXII Code
Section 280-116 and the Building Inspector's November 12, 2014 Notice of Disapproval
based on an application for building permit for accessory in -ground swimming pool, at;
1) location other than the code required rear yard, 2) less than the code required 100
foot setback from top of bluff, located at: 63165 County Route 48 (aka North Road) (adj.
to Long Island Sound) Greenport, NY. SCTM#1000-40-1-14 BOARD RESOLUTION:
(Please see transcript of written statements prepared under separate cover.) After
receiving testimony, motion was offered by Chairperson Weisman, seconded by
Member Schneider, to close the hearing reserving decision. Vote of the Board: Ayes:
All This Resolution was duly adopted (4-0). Member Goehringer was absent.
Page 5 — Minutes
Regular Meeting held February 5, 2015
Southold Town Zoning Board of Appeals
1158 A.M. - MARY A. HOVEY #6832 by Mary Hovey and Nicholas Morella, owners.
Request for Variances from Article III Section 280-15 and Article XXII Section 280-
116B and the Building Inspector's October 31, 2014 Notice of Disapproval based on an
application for building permit for `as built' accessory garden shed, at; 1) less than the
code required minimum rear yard setback of 10 feet, 2) less than the code required
bulkhead setback of 75 feet, located at: 4500 Ole Jule Lane (adj. to a canal) Mattituck,
NY. SCTM#1000-122-4-32 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 (4-
0). Member Goehringer was absent.
1232 P.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes,
to take a recess. Vote of the Board Ayes: All This Resolution was duly adopted (4-0).
Member Goehringer was absent.
1:15 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 (4-0) Member Goehringer was absent.
RESOLUTIONS
A. Reminder Confirmation: Special Meeting Date for February 19, 2015 at 5:00 PM.
B. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by
Member Schneider to set the next Regular Meeting with Public Hearings to be held March 5,
2015 at 8:30 AM. Vote of the Board: Ayes: All This Resolution was duly adopted (4-0). Member
Goehringer was absent.
C. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by
Member Schneider to approve minutes from Special Meeting held January 22, 2015. Vote of
the Board: Ayes: All This Resolution was duly adopted (4-0). Member Goehringer was absent.
PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson
Weisman introducing each application and reading of the Legal Notice as published:
1:16 P.M. - LEWIS TEPERMAN #6826 by David Chichanowitz, Agent. Request for
Variance from Article XXII Section 280-116 and the Building Inspector's September
29, 2014, renewed December 9, 2014 Notice of Disapproval based on an application for
building permit to reconstruct a deck, at; 1) less than the code required bluff setback of
100 feet, located at: 1225 Aquaview Avenue (adj. to Long Island Sound) East Marion,
NY. SCTM#1000-21-2-16 BOARD RESOLUTION: (Please see transcript of written
statements prepared under separate cover.) After receiving testimony, motion was
offered by Chairperson Weisman, seconded by Member Schneider, to close the hearing,
reserving decision Vote of the Board: Ayes: All This Resolution was duly adopted (4-
0) Member Goehringer was absent.
Page 6 — Minutes
Regular Meeting held February 5, 2015
Southold Town Zoning Board of Appeals
1:41 P.M. - BERRY & BERRY. LLC. #6818 — (Adj. from 1/22/15) by Patricia Moore,
Agent. Request for Variance from Article XI Section 280-49 and the Building
Inspector's January 14, 2015 Notice of Disapproval based on an application to convert
dwelling to single contractor's business, at; 1) less than the code required minimum
front yard setback of 100 feet, 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 Schneider, to close the
hearing reserving decision Vote of the Board: Ayes: All. This Resolution was duly
adopted (4-0). Member Goehringer 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 1:52 P.M.
Respectfully sub,
Vicki Toth A��� /2015
Included by Reference: F7'led ZBA Decisions (1)
II
Leslie Kanes Weisman / /%2015
Approved for Filing Resolution Adopted
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