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Home My WebLink AboutZBA-06/04/2015BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider pF SOUryO 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, JUNE 4, 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 June4, 2015 commencing at 9:00 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 Vicki Toth, ZBA Secretary 9:02 A.M. Member Schneider called the meeting to order. 9:02 a.m. Motion was offered by Member Schneider, seconded by Member Horning, to enter Executive Session. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). Chairperson Weisman and Member Goehringer were out of the room. EXECUTIVE SESSION A. Attorney/Client advice. 9:26 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). 9:32 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: Page 2 — Minutes Regular Meeting held June 7, 2015 Southold Town Zoning Board of Appeals DENIED, GRANT AMENDED APPLICATION ROCCO RESCINITI #6856 APPROVED WITH CONDITIONS ROCKY LEDGE PARTNERS, LLC #6857 APPROVED AMENDED DECISION (per terms of Stipulation) SANFORD H. and ELIZABETH M. FRIEMANN #6667 Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). RESOLUTION ADOPTED: ADF VENTURES, LLC #6850 — Motion was offered by Chairperson Weisman, seconded by Member Goehringer to reopen the hearing for the purposes of entering into the record: 1. written comments addressed to the Board of Appeals and to rescind the Type II SEQRA designation and 2. hold the hearing open until the Planning Board, as lead agency, makes a SEQRA determination on the application, which requires a coordinated review. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). WORK SESSION A. Requests from Board Members for future agenda items. STATE ENVIRONMENTAL QUALITY REVIEWS: 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): STEVEN and ANDREA KOLYER #6860 BREEZY SHORES COMMUNITY, INC. (MARTHA BROOKS) - #6862 ANDREAS PFANNER #6859 SOUTHOLD FARM and CELLAR, INC. (MEADOR) #6861 KEVIN and PAULA FLAHERTY #6863 Vote of the Board: All. This resolution was duly adopted (5-0). Page 3 — Minutes Regular Meeting held June 7, 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: 9:46 A.M. - WILLIAM A. PENNEY. III and SUKRU ILGIN (CV) #6840 — (Possible Resolution; request to adjourn to July 2, 2015 in a letter dated May 21, 2015 from the agent) (Adj. from 4/2/15PH) 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 and 9:46 A.M. - WILLIAM A. PENNEY, III and SUKRU ILGIN (CV) #6839 — (Possible Resolution; request to adjourn to July 2, 2015 in a letter dated May 21, 2015 from the agent) (Adj. from 4/2/15PH); Carol Bertsch, against. 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 hearings to July 2, 2015 at 1000 a.m. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). RESOLUTIONS A. Reminder Confirmation: Special Meeting Date for June 18, 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 July 2, 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 Special Meeting held May 21, 2015. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). D. Reminder: ZBA training with Trustee Bredemeyer on July 2, 2015 from 8:30am — 9:30 am. WORK SESSION B. De minimus Variances. C. Time limits as conditions for Special Exceptions. D. New septic systems. PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: Page 4 — Minutes Regular Meeting held June 7, 2015 Southold Town Zoning Board of Appeals 1001 A.M. - STEVEN and ANDREA KOLYER #6860 by Patricia Moore, Agent; Andrea and Steve Kolyer, owners; Victor Zupa with comments and Mary Zupa with information. Request for Variances under Article III Code Section 280-14 and the Building Inspector's March 9, 2015 Notice of Disapproval for a building permit for a subdivision, at: Proposed Lot 1 — (lot 10)- 1) less than the code required minimum lot size of 80,000 sq. ft., 2) less than the code required minimum lot width of 175 feet, Proposed Lot 2 — (lot 9)- 1) less than the code required minimum lot size of 80,000 sq. ft., 2) less than the code required minimum lot depth of 175 feet, located at: 4075 Paradise Point Road (adj. to a boat basin) Southold, NY. SCTM#1000-81-1-10.1 BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Dantes, to adjourn the hearing to July 2, 2015 at 1030 a.m. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1055 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). 1103 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: 1104 A.M. - BREEZY SHORES COMMUNITY, INC. (MARTHA BROOKS) - #6862 by Amy Martin, Agent. Request for Variances from Article XXIII Code Section 280-123, Article XXII Section 280-116 (B) and the Building Inspector's January 12, 2015 Notice of Disapproval based on an application for building permit to add and alter, to include raising an existing seasonal cottage at; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use, 2) less than the code required bulkhead setback of 75 feet, located at: #4 Breezy Shores Community, Inc., 65490 Main Road (aka State Route 25) aka Sage Blvd. (adj. to Shelter Island Sound) Greenport, NY. SCTM#1000-53-5-12.6. 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). 11:18 A.M. - ANDREAS PFANNER #68'59 by Mike Kimack, Agent. Request for Variances from Article III Section 280-15 and the Building Inspector's March 4, 2015 Notice of Disapproval based on an application for building permit for construction of an `as built' accessory garage and `as built' accessory sheds, at; 1) less than the minimum side yard setback of 15 feet, 2) accessory garage proposed at more than the code required maximum size of 750 square feet, 3) accessory garage located in other than Page 5 — Minutes Regular Meeting held June 7, 2015 Southold Town Zoning Board of Appeals the code required rear yard, 4) accessory sheds located in other than the code required rear yard, located at: 2725 Harbor Lane (275 Oak Street) Cutchogue, NY. SCTM#1000- 136-1-24.2. 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- 11:34 A.M. - SOUTHOLD FARM and CELLAR. INC. (MEADOR) #6861 by Alison Latham, neighbor against. (Possible Resolution: Request for Adjournment to July 2, 2015 in a letter dated May 22, 2015 from the applicant) Request for Variance under Article III Code Section 280-13A(4) and the Building Inspector's April 9, 2015 Notice of Disapproval for a building permit for construction of an agricultural production building, at: 1) less than the code minimum required setback of 100 feet from a major road, located at: 860 Old North Road Southold, NY. SCTM#1000-55-1-7. 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 adjourn the hearing to July 2, 2015 at 10:45 a.m. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:20 A.M. - KEVIN and PAULA FLAHERTY #6869 by Mike Kimack, Agent. Request for Variance from Article XXII Section 280-116B and the Building Inspector's April 20, 2015 Notice of Disapproval based on an application for building permit for as built addition of a stone patio to an existing single family dwelling, at; 1) less than the code required bulkhead setback of 75 feet, located at: 1250 Lupton Point Road (adj. to Deep Hole Creek) Mattituck, NY. SCTM#1000-115-11-12. 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). There being no other business properly coming before the Board at this time, the Chairperson declared the meeting adjourned. The meeting was adjourned at 1210 P.M. Res^^pect''f submi ed, icki Toth � /2015 Included by Reference: Filed ZBA Decisions (3) Leslie Kanes Weisman 6 //k2015 Approved for Filing Resolution Adopted REElVED JUN 1 9 2015 S thold Town Clea