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Home My WebLink AboutZBA-10/01/2015 BOARD MEMBERSSouthold Town Hall Leslie Kanes Weisman,Chairperson �� S®(/Ty® 53095 Main Road•P.O.Box 1179 �' h® 4 : Southold,NY 11971-0959 Eric Dantes 41 ; • Office Location: Gerard P.Goehringer- ; G Q Town Annex/First Floor,Capital One Bank George Horning �® ,��0�� 54375 Main Road(at Youngs Avenue) Kenneth Schneider = C®UNTY,�4;" 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, OCTOBER 1, 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 October 1, 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 Vicki Toth, ZBA Secretary 8:39 A.M. Chairperson Weisman called the public hearings to order. WORK SESSION A. Requests from Board Members for future agenda items. B. Training—ATA Kiely—case law updates EXECUTIVE SESSION: A. Malon Decision. B. Attorney/Client advice—Litigation; SANFORD H. and ELIZABETH M. FRIEMANN #6667 9:41 A.M. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Schneider to enter Executive Session.Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0).Member Goehringer was absent. 10:16 A.M. RESOLUTION ADOPTED: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). Page 2—Minutes Regular Meeting held October 1, 2015 Southold Town Zoning Board of Appeals 10:20 A.M. Chairperson Weisman opened the hearings with the Pledge of Allegiance. POSSIBLE BOARD RESOLUTION TO CLOSE THE FOLLOWING HEARING: THOMAS GIESE and PAULETTE GARAFALO#6879 - 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: 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). 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, GRANT AMENDED RELIEF; GRANT AS APPLIED IN PART WITH CONDITIONS THOMAS GIESE and PAULETTE GARAFALO#6879 Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 10:22 A.M. SANFORD H. and ELIZABETH M. FRIEMANN#6667—BOARD RESOLUTION:Motion was offered by Chairperson Weisman seconded by Member Schneider to Amend Stipulation of Settlement Agreement to reflect new deck size, located at: 1165 Old Harbor Road (adj. to Cutchogue Harbor) New Suffolk, NY. SCTM#1000- 117.-3-8.4.Vote of the Board: This Resolution was duly adopted (3-2). 10:22 A.M. 7850 MAIN ROAD, LLC d/b/a THE BLUE INN AT NORTH FORK#6675— BOARD RESOLUTION:Motion was offered by Chairperson Weisman, seconded by Member Goehringer to set Re-Hearing for November 5, 2015 on this Special Exception per condition#13 in ZBA Amended decision. Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 10:23 A.M. RICK NAPPI#6828—BOARD RESOLTION: Motion was offered by Chairperson Weisman, seconded by Member Goehringer to re-open the public hearing November 5, 2015 based on an amended Notice of Disapproval citing a demolition per Agents request. Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). Page 3—Minutes Regular Meeting held October 1, 2015 Southold Town Zoning Board of Appeals 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): RAYMOND F. NINE TRUST and 13400 MAIN ROAD CORP.#6888 RAYMOND NORTON and DEBORAH CUTLER#6886 WILLIAM MacGREGOR#6887 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: 10:24 A.M. - RAYMOND F. NINE TRUST and 13400 MAIN ROAD CORP.#6888 by Karen Hoeg,Agent for 13400 Main Road Corp., and Abigail Wickham,Agent for Raymond Nine Trust. Request for Variance under Article IV Section 280-18 and the Building Inspector's July 27, 2015 Notice of Disapproval based on an application for building permit for a lot line change, at:Proposed SCTM#1000-114-11-22.2 - 1)less than the code required minimum lot size of 40,000 sq. ft., located at: 855 New Suffolk Avenue and 13400 Main Road(aka NYS Route 25) New Suffolk, NY. SCTM's1000-114- 11-22.2 & 9.6. 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). 10:46 A.M. - RAYMOND NORTON and DEBORAH CUTLER#6886 by Ray Norton, Owner. Request for Variance from Article XXIII Section 280-124 and Article III Section 280-15 and the Building Inspector's May 12, 2015 amended September 4, 2015 Notice of Disapproval based on an application for building permit to reconstruct an existing deck on existing single family dwelling, at; 1) less than the code required rear yard setback of 35 feet, 2) accessory shed in location other than code required rear yard, located at: 1345 Sound Road Greenport, NY. SCTM#1000-33-4-62. 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). 10:53 A.M. -WILLIAM MacGREGOR#6887 by Peter Stoutenberg,Agent. Request for Variances from Article XXIII Section 280-124 and the Building Inspector's July 30, 2015 Notice of Disapproval based on an application for building permit to construct additions/alterations to existing single family dwelling, at; 1) less than the code required minimum side yard setback of 15 feet, 2) less than the code required total combined side yard of 35 feet, located at: 1120 Broadwaters Road (adj.to Broadwaters Cove) Cutchogue, NY. SCTM#1000-104-9-2. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Page 4—Minutes Regular Meeting held October 1, 2015 Southold Town Zoning Board of Appeals Goehringer, to close the hearing reserving decision.Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 10:55 A.M.—MATTITUCK 2012, LLC/EAST END TICK AND MOSQUITO#6885 by Mark Terry and Brian Cummings representing Planning Board. Planning Board Town of Southold requests Town-Wide Interpretation under § 280-146(D)(1) of the Town Code as to whether the Malon Decision#5383 applies to the LB Zone District as well as the General Business (B) Zone District. SCTM#1000-97.-3-2. 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). WORK SESSION: C. ZBA Fees. RESOLUTIONS: A. Reminder Confirmation: Special Meeting Date for October 15, 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 November 5, 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 September 17, 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 2:19 P.M. Respectfully su 'tted, Vicki Toth 14/c2015 Included by Reference: Filed ZBA Decisions (1) /l r.,"— c el Leslie Kanes Weisman, Chairperson 1Q/NS/2015 Approved for Filing Resolution Adopted OCT 2 3�2015eLialettM Soathold Town Clerk