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Home My WebLink AboutZBA-04/02/2015BOARD 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 9 Fax (631) 765-9064 MINUTES REGULAR MEETING THURSDAY, APRIL 2, 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 April 2, 2015 commencing at 8:00 A.M. Present were: Leslie Kanes Weisman, Chairperson/Member Gerard P. Goehringer, Member George Horning, Member (left at 2:12 P.M.) Ken Schneider, Member Eric Dantes, Member Stephen Kiely, Assistant Town Attorney (arrived 9:19 a.m.) Vicki Toth, ZBA Secretary 8:17 A.M. Chairperson Weisman called the public hearings to order. 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 SOUNDSIDE LANDSCAPE. INC. #6822 GERALD STAGG #6835 THEODORE C. MARTZ, JR. #6844 APPROVED AS APPLIED: NAKO and SOSE RIZO #6836 ROBERT and BETH ELLIOTT #6834 Page 2 — Minutes Regular Meeting held April 2, 2015 Southold Town Zoning Board of Appeals Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). WORK SESSION A. Requests from Board Members for future agenda items. B. Deer fencing. 9:48 a.m. Chairperson Weisman opened the Public Hearings with the Pledge of Allegiance. 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: Tyne II Actions (No further steps- setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests): THEOTOKIS DAVAS and VAISLIOS PAPAGIANIS #6852 ANDREAS PAVLOU #6827 RICHARD MANFREDI #6848 RICHARD TROWNSELL, DAVID TROWNSELL and KAREN FEUERMAN #6845 PATRICIA MACINTYRE #6847 FHP ENTERPRISES #6849 PECONIC LANDING @ SOUTHOLD, INC. #6843 KENNETH and JOANN ZAHLER #6851 F1 MOSS, LLC #6846 ADF VENTURES, LLC. #6850 Vote of the Board: All. This resolution was duly adopted (5-0). B. BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Goehringer to declare the following application be determined and classified by the Planning Board as Lead Agency: WILLIAM A. PENNEY, III and SUKRU ILGIN (CV) #6839 WILLIAM A. PENNEY, III and SUKRU ILGIN (CV) #6840 Vote of the Board: All. This resolution was duly adopted (5-0). Page 3 — Minutes Regular Meeting held April 2, 2015 Southold Town Zoning Board of Appeals PUBLIC HEARINGS: The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 9:52 A.M. - THEOTOKIS DAVAS and VAISLIOS PAPAGIANIS #6852 by Robert Brown, Architect. Request for Variance from Article III Code Section 280-15B and the Building Inspector's February 19, 2015 Notice of Disapproval based on an application for building permit for a workshop addition to an existing accessory garage, at: less than the code required side yard setback of 20 feet, located at: 1345 Chapel Lane (corner County Route 48 aka North Road) Greenport, NY. SCTM #1000-45-1-8. 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). 1004 A.M. - ANDREAS PAVLOU #6827 by Frank Notaro, Architect. Request for Variance from Article XXIII Section 280-124 and the Building Inspector's October 3, 2014 Notice of Disapproval based on an application for building permit for additions and alterations to existing single family dwelling, at; less than the code required minimum side yard setback of 15 feet, located at: 1335 Sound Beach Drive (Central Drive) Mattituck, NY. SCTM #1000-106-1-29. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Horning, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). RESOLUTIONS A. Reminder Confirmation: Special Meeting Date for April 16, 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 May 7, 2015 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 Regular Meeting held March 19, 2015. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). WORK SESSION A. Board Members request to discuss deer fencing at next meeting. PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 10:15 A.M. - RICHARD MANFREDI #6848 - Request for Variance from Article III Section 280-14 and the Building Inspector's January 22, 2015 Notice of Disapproval based on an application for building permit for additions and alterations to existing single family dwelling, at: 1) more than the code maximum number of stories of 2 1/2 stories, located at: 240 Sunset Path (Hilltop Path) Southold, NY. SCTM #1000-54-1-19. Page 4 — Minutes Regular Meeting held April 2, 2015 Southold Town Zoning Board of Appeals 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 May 7, 2015 at 9:00 am per letter received from agent dated March 23, 2015. Vote of the Board: Ayes. All. This Resolution was duly adopted (5-0). 1016 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). 1029 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). PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 1030 A.M. - RICHARD TROWNSELL DAVID TROWNSELL and KAREN FEUERMAN #6845 by Nancy Dwyer, Agent. Request for Variances from Article XXIII Section 280-124 and Article XXII Section 280-116B and the Building Inspector's December 22, 2014 Notice of Disapproval based on an application for building permit for demolition and reconstruction of a dwelling with deck addition, at; 1) less than the code required minimum single side yard setback of 10 feet, 2) less than the code required bulkhead setback of 75 feet, located at: 980 Oak Avenue (adj. to Goose Creek) Southold, NY. SCTM #1000-77-1-6. 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 May 7. 2015 at 9:15 am subject to revised plan/survey. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1045 A.M. • PATRICIA MACINTYRE #6847 by Patricia MacIntyre, 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: 9875 Main Bayview Road Southold, NY. SCTM #1000- 88-1-2.1. 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- 1050 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). 1100 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 (5-0). Page 5 — Minutes Regular Meeting held April 2, 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: 1100 A.M. - FHP ENTERPRISES #6849 by Charles Cuddy, Agent. Request for Variance from Article XXIII Section 280-124 and the Building Inspector's February 3, 2015 Notice of Disapproval based on an application for building permit for construction of a new single family dwelling, at; less than the code required rear yard setback of 50 feet, located at: 485 Hickory Avenue (corner Hickory Avenue) Southold, NY. SCTM #1000-77-1-24. 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- 11:15 A.M. - PECONIC LANDING @ SOUTHOLD, INC. #6843 by Charles Cuddy, Agent. Request for Variance from Article XXII Section 280-105 the Building Inspector's December 3, 2014 Notice of Disapproval based on an application for building permit to construct a tennis court fence, at; 1) more than the code required maximum 6 foot height when located in the front yard, located at: 1205 NYS Route 25 (aka North Road) (adj. to Long Island Sound) Greenport, NY. SCTM #1000-35-1-25. 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). 11:30 A.M. - WILLIAM A. PENNEY, III and SUKRU ILGIN (CV) #6839 by Charles Cuddy, Agent. Request for Special Exception under Article XI Section 280-48B(12) to construct gasoline service station with convenience store. Located at 45450 County Road 48 (aka North Road, corner Young's Avenue) Southold, NY. SCTM #1000-55-5- 2.2. 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 June 4, 2015 at 9:30. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:30 A.M. - WILLIAM A. PENNEY, III and SUKRU ILGIN (CV) #6840 by Charles Cuddy, Agents and Scott Latham, neighbor. Request for Variances from Article XI Sections 280-50A and 280-50C and the Building Inspector's September 24, 2014, amended October 17, 2014 Notice of Disapproval based on an application for building permit to convert existing vehicle detailing, RV sales and service shop into gas station with convenience store and construct new pump islands, at; 1) proposed front canopy at less than the code required setback of 100 feet from the right of way, 2) proposed front pump island at more than the code permitted 60 linear feet of frontage on one street, located at: 45450 County Road 48 (aka North Road, corner Young's Avenue) Southold, NY. SCTM #1000-55-5-2.2. 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 Page 6 — Minutes Regular Meeting held April 2, 2015 Southold Town Zoning Board of Appeals adjourn the hearing to June 4. 2015 at 9:30. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1143 A.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to take a recess for lunch. Vote of the Board: Ayes: Alla This Resolution was duly adopted (5-0). 1:28 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 (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: 1:30 P.M. - KENNETH and JOANN ZAHLER #6851 by Kenneth Zahler, owner. Request for Variance from Article XXII Section 280-105C3 the Building Inspector's January 5, 2015 Notice of Disapproval based on an application for building permit to construct deer fence, at; 1) deer fence proposed in location other than side and rear yard, located at: 63735 County Route 48 (aka North Road) (adj. to Long Island Sound) Greenport, NY. SCTM #1000-40-1-20.2. 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 April 16, 2015. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:49 P.M. - F1 MOSS, LLC #6846 by William Kelly, Agent. Request for Variances from Article III Section 280-15 and Article IV Section 280-18 and the Building Inspector's December 22, 2014 Notice of Disapproval based on an application for building permit for construction of an accessory garage and a deck addition to an existing single family dwelling, at; 1) accessory garage proposed at more than the code required maximum size of 750 square feet, 2) deck addition at less than the code required minimum front yard setback of 50 feet, located at: 805 Aborn Road (adj. to a pond) Cutchogue, NY. SCTM #1000-118-6-1.1. 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). 2:12 P.M. Member Horning left. 2:13 P.M. - ADF VENTURES, LLC. #6850 by William Kelly, Agent; Fred Fragola, owner and Jennifer James Kennedy, neighbor. Request for Variances from Article XV, Sections 280-64B&C and 280-63 and the Building Inspector's June 9, 2014, renewed February 23, 2015, amended February 26, 2015 Notice of Disapproval based on an application for building permit to construct a commercial building for an electrical contractor's yard, at; 1) less than the code required average front yard Page 7 — Minutes Regular Meeting held April 2, 2015 Southold Town Zoning Board of Appeals setback of 16 feet, 2) less than the code required minimum rear yard setback of 70 feet, 3) proposed structure with more than the code allowed maximum of 60 linear feet of frontage on one street, located at: 620 Corwin Street Greenport, NY. SCTM #1000-48- 2-44.2. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Schneider, to adjourn the hearing to May 7, 2015 at 9:30 a m Vote of the Board: Ayes: All This Resolution was duly adopted (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 2:52 P.M. Included by Reference: Y Leslie Kanes Weisman Approved for Filing Resol ectfully submi ed , T Vicki Toth q //%/2015 Decisions (5) c 62015 Adopted RE Ei ED Cf 434 APR 2 0 2015 Southold Town C"ler6