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Home My WebLink AboutZBA-07/02/2015BOARD 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 • Fax (631) 765-9064 MINUTES REGULAR, MEETING THURSDAY, JULY 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 July 2, 2015 commencing at 8:30 A.M. Present were: Leslie Kanes Weisman, Chairperson/Member Gerard P. Goehringer, Member George Horning, Member (left 2:10 p.m.) Ken Schneider, Member Eric Dantes, Member Stephen Kiely, Assistant Town Attorney (arrived 9:47 a.m.) Vicki Toth, ZBA Secretary 8:25 A.M. Chairperson Weisman called the public hearings to order. 8:30 A.M. ZBA TRAINING: John Bredemeyer, Board of Trustees President 9:47 A. M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to exit training and continue with Agenda items. Vote of the Board: Ayes: All. This -Resolution was duly adopted (5-0). 1000 a.m. Chairperson Weisman opened the Public Hearings with the Pledge of Allegiance. WORK SESSION A. Requests from Board Members for future agenda items. STATE ENVIRONMENTAL QUALITY REVIEWS: BOARD RESOLUTION: Motion was offered by Chairperson Weisman, Page 2 — Minutes Regular Meeting held July 2, 2015 Southold Town Zoning Board of Appeals 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): JANIO SPINOLA #6869 DENIS and NANCY COLE #6864 WILLIAM and IVA M. FELIX #6867 JAMES MORGAN #6866 MICHAEL DUFF #6868 DAVID and STEPHANIE SACK #6865 PASQUALE ANTHONY DeFIORE #6870 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: 10:03 A.M. - WILLIAM A. PENNEY, III and SUKRU ILGIN (CV) #6839 — (Adj. from 6/42/15PH). 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 without a date subject to SEQRA determination from Planning Board and submitted to us at which point we will schedule another hearing before the ZBA. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:03 A.M. - WILLIAM A. PENNEY, III and SUKRU ILGIN (CV) #6840 — (Adj. from 6/4/15PH) by Carol Bertsch; Anthony Peters; Ellen Corwin; Donald Wagner; John Abele; Cheryl Amara; John Strode; Allison Latham, all against; Paul Lancey with concerns and Sukru Ilgin (CV), 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 adjourn the hearing without a date subject to SEQRA determination from Planning Board and submitted to us at which point we will schedule another hearing before the ZBA. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 3 — Minutes Regular Meeting held July 2, 2015 Southold Town Zoning Board of Appeals 1048 A.M. - STEVEN and ANDREA KOLYER #6860 (Adjourned from PH 6/4/15) by Patricia Moore, Agent; Andrea and Steve Kolyer, owners; and Mary Zupa, neighbor. 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 Goehringer, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1117 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). 1126 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: 1127 A.M. - SOUTHOLD FARM and CELLAR, INC. (MEADOR) #6861 (Request for adjournment by applicant in a letter dated June 24, 2015) (Adjourned from 6/4/15 PH); comments by Allison and Scott Latham, neighbors against and Regan Meador, owner. 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 Goehringer, to adjourn the hearing to August 6, 2015 at 10:00 a.m. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:44 A.M. - JANIO SPINOLA #6869 — by Jared Toldo, Agent. 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: 1235 Equestrian Avenue (corner Bell Hill Avenue) Fishers Island, NY. SCTM#1000-9-4-13.1. 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 adjourn the hearing to December 3. 2015 at 10:00 a.m. subject to resolving residency issue; need survey with setbacks and septic location. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 4 — Minutes Regular Meeting held July 2, 2015 Southold Town Zoning Board of Appeals 12:02 P.M. - DENIS and NANCY COLE #6864 — by Pat Moore, Agent and Denis Cole, owner. Request for Variance from Article XXII Section 280-116B and the Building Inspector's April 23, 2015 Notice of Disapproval based on an application for building permit for additions/alterations to existing single family dwelling (deck and in -ground swimming pool), at; 1) less than the code required bulkhead setback of 75 feet, located at: 655 Albacore Drive (adj. to a canal) Greenport, NY. SCTM#1000-57-1-17. 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). 12:18 A.M. - WILLIAM and IVA M. FELIX #6867 - by Nina Jordon, Agent and Iva Felix, owner. Request for Variance from Article XXIII Section 280-124 and the Building Inspector's May 13, 2015 Notice of Disapproval based on an application for building permit for a 2 story addition to existing single family dwelling, at; less than the code required minimum side yard setback of 10 feet, located at: 760 Oak Street (adj. to Eugene's Creek) Cutchogue, NY. SCTM#1000-136-1-39. 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). 12:35 P.M. Motion was offered by Chairperson Weisman, seconded by Member Schneider, to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:10 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: .1:10 P.M. - JAMES MORGAN #6866 by James Morgan, owner and John Abele, neighbor in favor. Request for Variance from Article XXIII Section 280-124 and the Building Inspector's May 15, 2015 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: 600 Harbor Lights Drive Southold, NY. SCTM#1000-71-2-13. 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. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:15 P.M. - MICHAEL DUFF #6868 by Eileen Santora, Agent. Request for Variance from Article XXIII Section 280-124 and the Building Inspector's May 11, 2015 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 front yard setback of Page 5 — Minutes Regular Meeting held July 2, 2015 Southold Town Zoning Board of Appeals 35 feet, located at: 145 Lakeview Terrace (aka Tuthill's Path) (corner Private ROW) East Marion, NY. SCTM#1000-31-9-10. 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). RESOLUTIONS A. Reminder Confirmation: Special Meeting Date for July 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 August 6, 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 June18, 2015. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). D. Reminder: ZBA training with Jamie Richter on August 6, 2015 from 8:30am — 9:30 am. 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. - DAVID and STEPHANIE SACK #6865 - by Rob Herrmann, Agent; Chris Coy, Architect; Stephanie Sack, owner; Nicholas Yannios and Thomas Yannios, neighbors with concerns. Request for Variances from Article XXIII Section 280-124 and Article XXII Section 280-116 and the Building Inspector's May 6, 2015 Notice of Disapproval based on an application for building permit for demolition of existing dwelling and construction of a new single family dwelling, at; 1) less than the code required front yard setback of 40 feet, 2) more than the code permitted maximum lot coverage of 20%, 3) less than the code required top of bluff setback of 100 feet, located at: 445 Glen Court (adj. to Long Island Sound) Cutchogue, NY. SCTM#1000-83-1-5. 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 adjourn the hearing to July 16, 2015 pending receipt of Soil and Water comments. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Horning was absent. 2:10 P.M. Member Horning left. 2:26 P.M. - PASQUALE ANTHONY DeFIORE #6870 by Gennaro DeFiore, Agent; Louis Fagan; Brian Retus; Jeff Claxton; Bill Hoppe and Lloyd Straus, all neighbors against. Request for Variances from Article XXIII Section 280-124 and the Building Inspector's Amended June 5, 2015 Notice of Disapproval based on an application for building permit to amend permit #39646Z (construction of a single family dwelling) to include additional porches, decks and an accessory in -ground swimming pool, at; 1) less than the code required front yard setback of 40 feet (Sound View Avenue), 2) less than the code required front yard setback of 40 feet (Ryder Farm Road), 3) lot coverage at more than the code maximum allowed of 20%, located at: 110 Sound View Avenue Page 6 —Minutes Regular Meeting held July 2, 2015 Southold Town Zoning Board of Appeals (corner Ryder Farm Road) Orient, NY. SCTM#1000-15-3-33. 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 16, 2015 for written only, subject to amended survey and determination of the height and percentage of dormer on accessory garage by licensed professional. 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 3:55 P.M. Respectfully submitte , Vicki Toth °� / 512015 Included by Reference: Filed ZBA Decisions (0) Leslie Kanes Weisman 71 %/42015 Approved for Filing Resolution Adopted RECEIVE[ JUL 1 7 2015 SAdthold Town Glen