HomeMy WebLinkAboutZBA-05/07/2015BOARD 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, MAY 7, 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 May 7, 2015 commencing at 8:30 A.M.
Present were:
Leslie Kanes Weisman, Chairperson/Member
Gerard P. Goehringer, Member
George Horning, Member
Ken Schneider, Member
Eric Dantes, Member
Stephen Kiely, Assistant Town Attorney (arrived 8:45 a.m.)
Vicki Toth, ZBA Secretary
8:35 A.M. Chairperson Weisman called the public hearings to order.
8:38 a.m. Motion was offered by Chairperson Weisman, seconded by Member
Goehringer, to enter Executive Session. Vote of the Board: Ayes: All. This Resolution
was duly adopted (5-0).
EXECUTIVE SESSION
A. Attorney/Client advice.
B. Burden vs. Southold Town ZBA.
C. Friedman Litigation
9:05 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).
WORK SESSION
A. Set training schedule.
B. Requests from Board Members for future agenda items.
Page 2 — Minutes
Regular Meeting held May 7, 2015
Southold Town Zoning Board of Appeals
9:12 a.m. Chairperson Weisman opened the Public Hearings with the Pledge of Allegiance.
9:13 A.M. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded
by Member Schneider to accept as proposed the Settlement Agreement on RICHARD and
LORRAINE BURDEN ZBA #6712. Vote of the Board: Ayes: All. This Resolution was duly
adopted (5-0).
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 IN PART, GRANTED IN PART W/CONDITIONS
CUTCHOGUE 6213, 6291, 6278, 6204 LLC
Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
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):
ROCKY LEDGE PARTNERS, LLC. #6857
HOMES ANEW I, Ltd. #6853
TREASURE ISLAND COVE, LLC. #6858
JOHN FISCHETTI and DEBORAH DEAVER #6854
ROCCO RESCINITI #6856
JAMES and CAROL SCHERER #6855
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:
9:22 A.M. - RICHARD MANFREDI #6848 (Adjourned from April 2, 2015) by Mike
Kimack Agent and Richard Manfredi, owner. 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 Y2
Page 3 — Minutes
Regular Meeting held May 7, 2015
Southold Town Zoning Board of Appeals
stories, located at: 240 Sunset Path (Hilltop Path) Southold, NY. SCTM#1000-54-1-19.
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 hearing, reserving decision.
Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
9:37 A.M. - RICHARD TROWNSELL, DAVID TROWNSELL and KAREN
FEUERMAN #6845 (Adjourned from 4/2/15PH) 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 close the hearing, reserving decision. Vote of the
Board: Ayes: All. This Resolution was duly adopted (5-0).
9:40 A.M. - ADF VENTURES, LLC. #6850 (Adjourned from 4/2/15 PH) by Bill Kelly,
Agent; Fred Fragola, owner; James Kennedy; Susan Smith; Ural Talget; Nadira Vlaun;
Robert Harvey; George Capon, Debra, Reva; and Rosemary Gabriel, against. 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 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 Goehringer, to
adjourn the hearing to May 21 2015. Vote of the Board: Ayes: All. This Resolution was
duly adopted (5-0).
10:51 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).
11:00 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).
PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson
Weisman introducing each application and reading of the Legal Notice as published:
11:00 A.M. - ROCKY LEDGE PARTNERS, LLC. #6857 by Stephen Ham, Agent.
Request for Variances from Article XXIII Section 280-121A and Article III Section 280-
Page 4 — Minutes
Regular Meeting held May 7, 2015
Southold Town Zoning Board of Appeals
13A and the Building Inspector's renewed and amended March 24, 2015 Notice of
Disapproval based on an building permit application for additions and alterations to
an existing accessory garage/second dwelling, at; 1) proposed additions and alterations
are not permitted for a nonconforming use, 2) more than one dwelling on a single lot;
located at: Off East End Road (aka Clay Point Road) (adj. to West Harbor) Fisher's
Island, NY. SCTM#1000-7-1-1. 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).
1107 A.M. - HOMES ANEW I, Ltd. #6853 by Frank Restituto, Agent. Request for
Variance from Article XXIII Section 280-124 and the Building Inspector's January 28,
2015 Notice of Disapproval based on an application for building permit for an addition
to existing multifamily dwelling, at; 1) less than the code required minimum front
yard setback of 40 feet, located at: 9625 Main Bayview Road Southold, NY.
SCTM#1000-88-3-23.1. 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).
11:12 A.M. - TREASURE ISLAND COVE. LLC #6858 by David Januzzi, Agent.
Request for Variance from Article III Code Section 280-15B and the Building
Inspector's March 30, 2015 Notice of Disapproval based on a building permit
application for construction of a non -habitable accessory garage and attached sitting
area, at; 1) less than the code required side yard setback of 25 feet, located at: 14911
Main Road (aka NYS Route 25) (adj. to Dam Pond) East Marion, NY. SCTM#1000-23-
1-2.9. 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).
11:24 A.M. - JOHN FISCHETTI and DEBORAH DEAVER #6854 by Tom Samuels,
Agent. Request for Variance from Article III Section 280-14 and the Building
Inspector's March 3, 2015 Notice of Disapproval based on an application for building
permit for additions and alterations to an existing single family dwelling, at; 1) less
than the code required minimum front yard setback of 60 feet, located at: 2615 Wells
Road (adj. to Richmond Creek) Peconic, NY. SCTM#1000-86-2-1.2. BOARD
RESOLUTION: (Please see transcript of written statements prepared under separate
cover.) After receiving testimony, motion was offered by Chairperson Weisman,
seconded by Member Goehringer, to close the hearing, reserving decision. Vote of the
Board: Ayes: All. This Resolution was duly adopted (5-0).
11:30 A.M. - ROCCO RESCINITI #6856 by John Sbaglia, Agent and Rocco Resciniti,
owner. Request for Variances from Article III Section 280-15F&C and Article XXIII
Section 280-124 and the Building Inspector's February 12, 2015, amended February
19, 2015 Notice of Disapproval based on an building permit application for
construction of an accessory garage, at; 1) less than the code required front yard
setback of 35 feet, 2) location in other than the code allowed front yard on waterfront
properties, 3) total square footage of more than the code maximum allowed of 660
square feet; located at: 1220 Little Peconic bay Road (adj. to Wunnewetta Pond)
Page 5 — Minutes
Regular Meeting held May 7, 2015
Southold Town Zoning Board of Appeals
Cutchogue, NY. SCTM#1000-111-14-18. 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 21 2015, subject to amended plan. Vote of
the Board: Ayes: All. This Resolution was duly adopted (5-0).
11:56 A.M. - JAMES and CAROL SCHERER #6855 by Joan Chambers, Agent and
James Scherer, owner. Request for Variance from Article XXII Section 280-116B and
the Building Inspector's March 17, 2015 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 bulkhead setback of 75 feet, located at: 1015 Bungalow
Lane (adj. to Deep Hole Creek) Mattituck, NY. SCTM#1000-123-3-13. 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 close the hearing, reserving decision subject to
receipt of seaward Bulkhead setback to deck. Vote of the Board: Ayes: All. This
Resolution was duly adopted (5-0).
RESOLUTIONS
A. Reminder Confirmation: Special Meeting Date for May 21, 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 June 4, 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 April 16, 2015.
Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
There being no other business properly coming before the Board at this time, the
Chairperson declared the meeting adjourned. The meeting was adjourned at 12:10 P.M.
Respectfully witted,
Vicki Toth, Q112015
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