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Home My WebLink AboutZBA-09/03/2015 BOARD MEMBERS ' 00' soup®� $®� = Southold Town Hall Leslie Kanes Weisman,Chairperson �s/ $ 4,, 53095 Main Road•P.O.Box 1179 's ' " ; Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer ;` G Q ,i Town Annex/First Floor,Capital One Bank George Horning �® t �®�0 54375 Main Road(at Youngs Avenue) Kenneth Schneider l'�CQ(f �i�� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 MINUTES REGULAR MEETING THURSDAY, SEPTEMBER 3, 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 September 3, 2015 commencing at 8:30 A.M. Present were: Gerard P. Goehringer, Member George Horning, Member (left at 1:00 P.M.) Ken Schneider, Member Eric Dantes, Member Stephen Kiely,Assistant Town Attorney Vicki Toth, ZBA Secretary Absent: Leslie Kanes Weisman, Chairperson/Member 9:31 A.M.Member Schneider called the public hearings to order and opened with the Pledge of Allegiance. STATE ENVIRONMENTAL QUALITY REVIEWS: BOARD RESOLUTION: Motion was offered by Member Schneider, 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): BARBARA M. GORHAM TRUST#6880 CHRISTOPHER and ELISABETTA COSCHIGNANO#6884 BERTHA LYNCH, (ESTATE OF)#6883 THOMAS GIESE and PAULETTE GARAFALO#6879 • 430 WSD, LLC.#6877 WALTER and BARBARA FITZGERALD#6878 ANTHONY and LISA SANNINO#6882 SUSAN CACCHIOLI#6881 Page 2—Minutes Regular Meeting held September 3, 2015 Southold Town Zoning Board of Appeals Vote of the Board: All. This resolution was duly adopted(4-0). Chairperson Weisman was absent. PUBLIC HEARINGS: The following public hearings were held, with ZBA Secretary Vicki Toth introducing each application and reading of the Legal Notice as published: 9:33 A.M. -BARBARA M. GORHAM TRUST#6880 by Sam Fitzgerald and Richard Lark,Agents. Request for Variances from Article XXIII Section 280-124 and Article III Section 280-15 and the Building Inspector's July 13, 2015 Notice of Disapproval based on an application for building permit for"as built" additions and alterations to an existing single family dwelling and an"as built" accessory shed, at; 1) "as built" additions and alterations at less than the code required minimum front yard setback of 35 feet, 2) "as built" shed located in other than the code required rear yard, located at: 162 Lower Shingle Road (Fox Avenue, go through lot) Fishers Island, NY. SCTM #1000-9-1-26. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Member Schneider, seconded by Member Horning, to close the hearing reserving decision.Vote of the Board:Ayes:All. This Resolution was duly adopted(4-0). Chairperson Weisman was absent. 9:59 A.M. - CHRISTOPHER and ELISABETTA COSCHIGNANO#6884 by Frank Uellendahl,Agent. Request for Variances from Article XXIII Section 280-124 and the Building Inspector's June 19, 2015 Notice of Disapproval based on an application for building permit to construct a deck addition to existing single family dwelling, at; 1) less than the code required rear yard setback of 35 feet, 2) more than the maximum code allowable lot coverage of 20%, located at: 1110 Gillette Drive, East Marion, NY. SCTM#1000-38-2-12. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Member Schneider, seconded by Member Goehringer, to close the hearing reserving decision subject to receipt of information regarding other variances in the area from Agent.Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Chairperson Weisman was absent. 10:06 A.M. Motion was offered by Member Goehringer, seconded by Member Schneider, to take a short recess.Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Chairperson Weisman was absent. 10:14 A.M. Motion was offered by Member Schneider, seconded by Member Goehringer to reconvene the Public Hearings.Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Chairperson Weisman was absent PUBLIC HEARINGS (continued): The following public hearings were held, with ZBA Secretary Vicki Toth introducing each application and reading of the Legal Notice as published: 10:15 A.M. - STEVEN and ANDREA KOLYER#6860 by Patricia Moore,Agent and Thomas and Donna Dean, neighbors against. Re-opened by Board Resolution due to error in Notice of Disapproval. Request for Variances under Article III Code Section Page 3—Minutes Regular Meeting held September 3, 2015 Southold Town Zoning Board of Appeals 280-14 and the Building Inspector's March 9, 2015, Revised July 20, 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 250 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 Member Schneider, seconded by Member Goehringer, to adjourn the hearing to November 5, 2015 at 10 a.m.Vote of the Board:Ayes:All. This Resolution was duly adopted(4-0). Chairperson Weisman was absent. RESOLUTIONS: A. Reminder Confirmation: Special Meeting Date for September 17, 2015 at 5:00 PM. B. RESOLUTION ADOPTED: Motion was offered by Member Schneider, seconded by Member Goehringer to set the next Regular Meeting with Public Hearings to be held October 1, 2015 at 8:30 AM.Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Chairperson Weisman was absent. C. RESOLUTION ADOPTED:Motion was offered by Member Schneider, seconded by Member Goehringer to approve minutes from Special Meeting held August 20, 2015. Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Chairperson Weisman was absent. WORK SESSION: A. Requests from Board Members for future agenda items. B. Discussed Town Engineer presentation. 10:19 A.M. Motion was offered by Member Schneider, seconded by Member Goehringer, to take a short recess. Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Chairperson Weisman was absent. 10:39 A.M. Motion was offered by Member Schneider, seconded by Member Dantes to reconvene the Public Hearings.Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Chairperson Weisman was absent PUBLIC HEARINGS (continued): The following public hearings were held, with ZBA Secretary Vicki Toth introducing each application and reading of the Legal Notice as published: 10:40 A.M. - BERTHA LYNCH, (ESTATE OF)#6883 by Joan Chambers,Agent. Request for Variances from Article XXIII Section 280-124 and Article III Section 280- 15 and the Building Inspector's March 9, 2015 renewed July 17, 2015 Notice of Disapproval based on an application for building permit for'as built' deck addition to existing single family dwelling, at; 1) less than the code required rear yard setback of 50 feet, 2) 'as built' deck addition laces in-ground swimming in location other than the code required rear yard, located at: 135 Case Road (corner Bay Road) Cutchogue, NY. Page 4—Minutes Regular Meeting held September 3, 2015 Southold Town Zoning Board of Appeals SCTM#1000-116-2-17. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Member Schneider, seconded by Member Goehringer, to close the hearing reserving decision subject to receipt of information regarding other variances in the area and what was there prior to deck from Agent.Vote of the Board:Ayes:All. This Resolution was duly adopted(4-0). Chairperson Weisman was absent. 10:57 A.M. - THOMAS GIESE and PAULETTE GARAFALO#6879 by Patricia Moore, Agent and Tom Giese, owner. Request for Variances from Article XXII Section 280- 116B, Article III Section 280-15 and Article XXIII Section 280-124 and the Building Inspector's June 24, 2015 amended July 23, 2015 Notice of Disapproval based on an application for building permit to construct an accessory in-ground swimming pool and for"as built" deck addition to an existing single family dwelling, at; 1) "as built" deck addition at less than the code required minimum side yard setback of 15 feet, 2) "as built" deck addition at less than the code required minimum total side yard setbacks of 35 feet, 3) "as built" deck addition and proposed accessory in-ground swimming pool at less than the code required bulkhead setback of 75 feet, 4) proposed accessory in- ground swimming pool located in other than the code required rear yard or front yard for waterfront property, located at: 2195 Nassau Point Road(adj. to Hog Neck Bay) Cutchogue, NY. SCTM#1000-104-13-4. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Member Schneider, seconded by Member Goehringer, to adjourn the hearing to September 17, 2015, subject to receipt of information from Agent regarding reduced pool size of 16'x32' shown on survey and flood zones shown on survey.Vote of the Board:Ayes:All. This Resolution was duly adopted(4-0). Chairperson Weisman was absent. 11:30 A.M. - 430 WSD, LLC.#6877 by Patricia Moore,Agent and Peter Casola, owner. Request for Variances from Article XXIII Section 280-124, Article XXII Section 280- 116B, and Article III Section 280-15 and the Building Inspector's June 19, 2015 amended June 22, 2015 Notice of Disapproval based on an application for building permit to construct a porch addition to an under construction single family dwelling and an accessory in-ground swimming pool, at; 1) more than the code permitted maximum lot coverage of 20%, 2)proposed porch and accessory swimming pool at less than the code required bulkhead setback of 75 feet, 3) proposed accessory in-ground swimming pool located in other than the code required rear yard or front yard for waterfront property, located at: 430 West Shore Drive (adj. to Southold Bay) Southold, NY. SCTM#1000-80-5-2.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Member Schneider, seconded by Member Goehringer, to adjourn the hearing to September 17, 2015, subject to receipt of information from Agent regarding reduced pool size of 18'x36' shown on survey and survey with new lot coverage.Vote of the Board:Ayes:All. This Resolution was duly adopted(4-0). Chairperson Weisman was absent. 11:57 A.M. - WALTER and BARBARA FITZGERALD#6878 by Dave Chicanowicz, Agent. Request for Variance from Article III Code Section 280-15F and the Building Inspector's October 27, 2014, renewed June 16, 2015 Notice of Disapproval based on an application for building permit for an accessory in-ground swimming pool, at:proposed accessory in-ground swimming pool located in other than the code required rear yard or front yard for waterfront property, located at: 8915 Soundview Avenue (adj. to Great Pond) Southold, NY. SCTM#1000-59-6-27.3. BOARD RESOLUTION: (Please see Page 5—Minutes Regular Meeting held September 3, 2015 Southold Town Zoning Board of Appeals transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Member Schneider, seconded by Member Horning, to close the hearing reserving decision.Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Chairperson Weisman was absent. 1:00 P.M.—Member Horning left. 1:30 P.M. -ANTHONY and LISA SANNINO#6882 (Request for adjournment). Request for Variance under Article III Code Section 280-13A(4) and the Building Inspector's June 17, 2015, amended June 23, 2015 Notice of Disapproval for a building permit to construction of a winery/tasting room, at: 1) winery located on a parcel less than the code required minimum of at least 10 acres devoted to vineyard or other agricultural purposes, located at: 15975 County Route 48 (aka Middle Road) and 7490 Alvah's Lane Cutchogue, NY. SCTM#1000-101-1-14.6&14.4. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Member Schneider, seconded by Member Goehringer, to adjourn the hearing to November 5, 2015 at 9:30 a.m., per written request received from owner.Vote of the Board:Ayes:All. This Resolution was duly adopted (3-0). Chairperson Weisman and Member Horning were absent. 2:00 P.M. - SUSAN CACCHIOLI#6881 by Robert Barrett,Agent. Request for Variances from Article XXIII Section 280-124 and the Building Inspector's June 12, 2015 Notice of Disapproval based on an application for building permit for second story addition/alterations to existing single family dwelling and legalize 'as built' deck addition and'as built' accessory deck, at; 1) addition and'as built' deck addition less than the code required minimum side yard setback of 10 feet, 2) addition and 'as built' deck addition less than the code required total side yard setbacks of 25 feet, 3) 'as built' accessory deck less than the code required minimum side yard setback of 5 feet, located at: 1040 Holbrook Lane (adj. to West Branch of Mattituck Creek) Mattituck, NY. SCTM#1000-113-6-13. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Member Schneider, seconded by Member Dantes, to close the hearing reserving decision subject to receipt of certified lot coverage from Agent.Vote of the Board:Ayes:All. This Resolution was duly adopted(3-0). Chairperson Weisman and Member Horning were absent. There being no other business properly coming before the Board at this time, the Page 6—Minutes Regular Meeting held September 3, 2015 Southold Town Zoning Board of Appeals Chairperson declared the meeting adjourned. The meeting was adjourned at 2:19 P.M. Respectfully sub 'tted,f C IP Vicki Toth 7 /F/2015 Included by Reference: File. ABA Decisions (0) / 1u Ken Schneider / /2015 Approved for Filing Resolution Adopted RECEIVED °4 , l OCTA 1 2015 eliO. Southold Town Clerlk •JT. .a