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Home My WebLink AboutZBA-03/19/2015BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider http://southoldtown.northfork.net Southold 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 9 Fax (631) 765-9064 MINUTES REGULAR MEETING THURSDAY, MARCH 19, 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 March 19, 2015 commencing at 4:30 P.M. Present were: Leslie Kanes Weisman, Chairperson/Member Gerard P. Goehringer, Member George Horning, Member (via phone and Skype) Ken Schneider, Member Eric Dantes, Member Stephen Kiely, Assistant Town Attorney (left 5:05 p.m. — returned 5:50 p.m.) Vicki Toth, ZBA Secretary (arrived at 5:20 p.m.) Elizabeth Sakarellos, Clerk -Typist 4:30 P.M. Chairperson Weisman called the public hearings to order. STATE ENVIRONMENTAL QUALITY REVIEWS; A. 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): GERALD STAGG #6835 THEODORE C. MARTZ, JR. #6844 NAKO and SOSE RIZO #6836 CUTCHOGUE 6213, 6291, 6278, 6204 LLC #6837 ROBERT and BETH ELLIOTT #6834 MARK KING - #6842 MARY ROMAN and ELLEN BIRENBAUM #6838 Page 2 — Minutes Regular Meeting held March 19, 2015 Southold Town Zoning Board of Appeals Vote of the Board: All. This resolution was duly adopted (5-0). 4.31 p.m. Chairperson Weisman opened the Public Hearings with the Pledge of Allegiance. WORK SESSION: A. Discussed Training for 2015: • Case Law. • Chapter 275 and Trustee jurisdictions. • Stormwater/drainage issues as it pertains to code. • 280-A issues. RESOLUTIONS A. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Schneider to set the next Regular Meeting with Public Hearings to be held April 2, 2015 at 8:00 AM. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). B. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Schneider to approve minutes from Special Meeting held February 19, 2015. Vote of the Board: Ayes: 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: 4:40 P.M. - SOUNDSIDE LANDSCAPE. INC. #6822 (Adj. from 1/8/15) - by Pat Moore, Agent. 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 Goehringer, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5- 4:51 P.M. - GERALD STAGG #6835 — by Victoria Dow, Agent for applicant. Request for Variance from Article III Code Section 280-15 and the Building Inspector's November 6, 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, located at: 7500 Nassau Point Road (Goldfish Pond Road, not open) Cutchogue, NY. SCTM #1000-118-3-3.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Page 3 — Minutes Regular Meeting held March 19, 2015 Southold Town Zoning Board of Appeals Goehringer, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 5:00 P.M. - THEODORE C. MARTZ, JR. #6844 by Kevin McGowin, Agent; Craig Cantelmo; Xavier Fleming; Tom Cornwell (Nassau Point Association) and Linda Rehm, neighbors — against. Request for Variances under Code Section 280-18 and the Building Inspector's December 1, 2014, Amended January 28, 2015 Notice of Disapproval for a building permit for a subdivision and additions and alterations to create a single family dwelling, at: Proposed Lot 1 - 1) less than the code required minimum lot size of 40,000 sq. ft., 2) less than the code required minimum lot depth of 175 feet, Proposed Lot 2 — 1) less than the code required minimum front yard setback of 50 feet, location at: 555 Broadwaters Road, Cutchogue, NY. SCTM #1000-104-12- 6.1. 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). 5:48 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). 6:00 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: 6:00 P.M. - NAKO and SOSE RIZO #6836 by Joan Chambers, Agent. Request for Variance from Article XXIII Section 280-124 and the Building Inspector's January 9, 2015 Notice of Disapproval based on an application for building permit for an `as built' addition to existing single family dwelling, at; less than the code required rear yard setback of 35 feet, located at: 400 East Road (corner Inlet Drive) Mattituck, NY. SCTM #1000-106-3-2. 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- 6:05 P.M. - CUTCHOGUE 6213 6291 6278 6204 LLC #6837 by David Januzzi, Agent. Request for Variance from Article XXII Section 280-105C the Building Inspector's December 15, 2014 Notice of Disapproval based on an application for building permit to construct 8 foot high deer fence around entire four lot sub -division, at; 1) 8' deer fence proposed in location other than side and rear yard, located at: 6213, 6291, 6278, 6204 Oregon Road (adj. to Long Island Sound) Mattituck, NY. SCTM #'x1000-82-2-3.1, 3.2, 3.3, 3.4. 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, Page 4 — Minutes Regular Meeting held March 19, 2015 Southold Town Zoning Board of Appeals reserving decision pending receipt of information regarding front yard determination. Vote of the Board- Ayes: All. This Resolution was duly adopted (5-0). 6:28 P.M. - ROBERT and BETH ELLIOTT #6834 by Doug McGahan, Agent; Beth Elliott, owner and David Mann Designer/Architect. Request for Variances from Article XXIII Section 280-124 and the Building Inspector's December 19, 2014 Notice of Disapproval based on an application for building permit for additions and alterations (second story) to existing single family dwelling, at; 1) less than the code required minimum front yard setback of 40 feet, 2) less than the code required minimum side yard setback of 15 feet, located at: 275 West Road (adj. to Cutchogue Harbor) Cutchogue, NY. SCTM #1000-110-7-11.1. 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). 6:43 P.M. - MARK KING #6841 by Gary Steinfeld, Agent. This is a request under Section 280-146D for an Interpretation of the Town Code, Article XIII, Section 280-56, "Bulk Schedule", appealing the Building Inspector's December 11, 2014 Notice of Disapproval for demolition and construction of a new single family dwelling (residential use) in MII Zone district required side yard setback, located at: 200 East Mill Road (adj. to Mattituck Creek) Mattituck, NY. SCTM #1000-106-4-5. 6:43 P.M. - MARK KING #6842 by Gary Steinfeld, Agent. Request for Variance from Article XIII Section 280-56 and the Building Inspector's December 11, 2014 Notice of Disapproval based on an application for building permit for demolition and construction of a new single family dwelling, at; less than the code required side yard setback of 25 feet, located at: 200 East Mill Road (adj. to Mattituck Creek) Mattituck, NY. SCTM #1000-106-4-5. EXECUTIVE SESSION 6:49 P.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). 7:00 P.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer to exit Executive Session and continue public hearings re: Mark King #6841 & #6842. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 7:02 P.M. - MARK KING #6842 by Gary Steinfeld, Agent. Request for Variance from Article XIII Section 280-56 and the Building Inspector's December 11, 2014 Notice of Disapproval based on an application for building permit for demolition and construction of a new single family dwelling, at; less than the code required side yard setback of 25 feet, located at: 200 East Mill Road (adj. to Mattituck Creek) Mattituck, NY. SCTM #1000-106-4-5. 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 unanimously accept the verbal withdrawal of this application by Gary Steinfeld, Agent. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 5 — Minutes Regular Meeting held March 19, 2015 Southold Town Zoning Board of Appeals 7:03 P.M. - MARK KING #6841 by Gary Steinfeld, Agent. This is a request under Section 280-146D for an Interpretation of the Town Code, Article XIII, Section 280-56, "Bulk Schedule", appealing the Building Inspector's December 11, 2014 Notice of Disapproval for demolition and construction of a new single family dwelling (residential use) in MII Zone district required side yard setback, located at: 200 East Mill Road (adj. to Mattituck Creek) Mattituck, NY. SCTM #1000-106-4-5. 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. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 7:04 P.M. DELIBERATION/DECISION: The Board deliberated on the following application with the written determination to be filed with the Southold Town Clerk: APPROVE the DETERMINATION AS PRESENTED Mark King #6841 Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 7:04 P.M. 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). 7:12 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: 7:12 P.M. - MARY ROMAN and ELLEN BIRENBAUM #6838 by Pat Moore, Agent; Mary Roman and Ellen Birenbaum, owners. Request for Variance from Article XXII Section 280-105C the Building Inspector's December 23, 2014 Notice of Disapproval based on an application for building permit to construct 8 foot high deer fence, at; 1) 8' deer fence proposed in location other than side and rear yard, located at: 740 Poquatuck Lane Orient, NY. SCTM #1000-27-3-4.5. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Dantes, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). WORK SESSION 7:45 P.M. — Discussed G. Strang, Architect de minimis request on Heidt ZBA #6516. Page 6 — Minutes Regular Meeting held March 19, 2015 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 7:52 P.M. Respectfully submitted \FO�- Vicki Toth (,r / /2015 Reference: Filed ZBA Decisions (1) Leslie Kanes Wdisman `L2015 Approved for Filing Resoyation Adopted RLLI LLED APR — 9 2015 n, Southold Town Glen