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Home My WebLink AboutZBA-11/05/2015 BOARD MEMBERS ,l Southold Town Hall Leslie Kanes Weisman,Chairperson • 4 ®F S®U�.® ti 53095 Main Road•P.O.Box 1179 ," ,`® 4 Southold,NY 11971-0959- Eric Dantes ; Office Location: Gerard P.Goehringer ,� Town Annex/First Floor,Capital One Bank George Horning ��® f� 54375. Main Road(at Youngs Avenue) Kenneth Schneider aCOM ``�.i°.� Southold,NY 11971 %ia... .iriS� http://southoldtown.northfork.net - - ZONING BOARD OF APPEALS TOWN OF SOUTHOLD . Tel.(631)765-1809•Fax(631)765-9064 MINUTES - - REGULAR MEETING THURSDAY, NOVEMBER 5, 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 November 5, 2015 commencing at 8:00 A.M. Present were: - Leslie Kanes Weisman, Chairperson/Member Gerard P. Goehringer, Member George Horning, Member (left 2:05 p.m.) Ken Schneider, Member Eric Dantes, Member (arrived 8:09 a.m.) Stephen Kiely,Assistant Town Attorney(arrived 8:30 a.m.) Vicki Toth, ZBA Secretary 8:02 A.M. Chairperson Weisman called the public_hearings to order. WORK SESSION A. Training=ATA Kiely—case law updates B. Requests from Board Members for future agenda items _ C. Financial Disclosure Forms - D. Reappointment of Leslie Weisman to ZBA 9:30 A.M. Chairperson Weisman opened the hearings with the Pledge of Allegiance. PUBLIC HEARINGS: The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 9:31 A.M. -ANTHONY and LISA SANNINO#6882 (Adjourned from September 3, - 2015); by P. Moore,Agent;Anthony Sannino, owner; Francis Slezak, neighbor, against; Alexander Aquino R.E.represents neighbor against;Alf Summersted, neighbor, against;Reverend Fulford;Mike Falcetta;Allie Tuthill, LI Wine Council; Eric Kiel, neighbor;Roger Alvarez, all in favor. Request for Variance under Article III Code Page 2—Minutes Regular Meeting held November 5, 2015 Southold Town Zoning Board of Appeals 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 7495 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 Chairperson Weisman, seconded by Member Goehrmger, to adjourn the hearing to November 19, 2015.Vote of the Board:Ayes:All. This Resolution was duly adopted(4- 0). (Member Schneider recused himself from this application) 10:49 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). 10:59 A.M. Motion was offered by Chairperson Weisman, seconded by Member Schneider, 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. - STEVEN and ANDREA KOLYER#6860—(Request to Withdraw by letter dated October 2, 2015 by the applicant) (Adjourned from September 3, 2015) (Re- opened by Board Resolution due to error in Notice of Disapproval) Request for Variances under Article III Code Section 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 Chairperson Weisman, seconded by Member Goehringer, to accept request to withdraw application from the applicant. Vote of the Board: Ayes: All. This Resolution was duly adopted (5- 11:01 A.M. - 7850 MAIN ROAD, LLC d/b/a THE BLUE INN at NORTH FORK#6675 by Mary O'Brien,Agent. Re-Hearing per Board Resolution based on Condition#13 in ZBA amended decision dated September 4, 2014 - Request for Special Exception per Article VII Section 280-35(B) to expand the current restaurant use to include being open to the public, enclose existing patio and surround with a 3 1/2 foot wall located in a Resort Residential(RR) District, located at: 7850 Main Road and Orchard Lane (aka Old Orchard Road) East Marion, NY. SCTM#1000-31-6-17.2. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Schneider, to close the hearing reserving decision.Vote of the Board:Ayes: All. This Resolution was duly adopted(5-0). Page 3—Minutes Regular Meeting held November 5, 2015 Southold Town Zoning Board of Appeals 11:08 A.M. - RICK NAPPI #6828 - by Mike Kimack, Agent. Re-Opened by Board Resolution. Request for Variances from Article XXIII Section 280-124 and Article XXII Section 280-116B and the Building Inspector's December 3, 2014, AMENDED September 22, 2015 Notice of Disapproval based on an application for building permit for additions and alterations to Demolition of existing single family dwelling and construction of a new single family dwelling, at; 1) less than the code required front yard setback of 35 feet, 2) less than the code required minimum single side yard setback of 10 feet, 3) less than the code required bulkhead setback of 75 feet, located at: 5218 Peconic Bay Boulevard (adj. to Great Peconic Bay) Laurel, NY. SCTM#1000- 128-2-22. 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 letter from contractor as to why the demolition. Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 11:25 A.M.—JUJAX PARTNERS, LLC.#6891 - by Pat Moore,Agent.Request for variance from Article II Section 280-9A&B and the Building Inspector's Notice of Disapproval dated September 8, 2015 based on a building permit application for lot recognition, at; 1) subject parcel is not a recognized lot,located at: 1975 Sound View Avenue (adj.to Long Island Sound) Mattituck, NY. SCTM#1000-94-1-11. 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). 11:39 A.M. - PAUL ROMANELLI, CONTRACT VENDEE (ROBERT and CAROL BOHN) #6892 by Pat Moore, Agent; Paul Romanelli, CV and Beth Sterns, Church Board Member in favor. This is a request under Section 280-146D for an Interpretation of the Town Code, Article VIII, Section 280-38A, "Permitted Uses", appealing the Building Inspector's September 15, 2015 Notice of Disapproval; applicant's business "Suffolk Security" is not a contractor's business, located at: 50300 NYS Route 25 (aka Main Road) (corner Jockey Creek Drive) Southold, NY. SCTM#1000-70-2-15. 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). 11:39 A.M. - PAUL ROMANELLI, CONTRACT VENDEE (ROBERT and CAROL BOHN) #6890 by Pat Moore, Agent. Request for variance from Article VIII, Code Section 280-38A (Permitted Uses), and the Building Inspector's September 15, 2015 Notice of Disapproval based on an application for building permit to convert an existing legal non-conforming real estate agent office to a contractor's business, at; 1) contractor's business is not a permitted use, located at: 50300 NYS Route 25 (aka Main Road) (corner Jockey Creek Drive) Southold, NY. SCTM#1000-70-2-15. 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). Page 4—Minutes Regular Meeting held November 5, 2015 Southold Town Zoning Board of Appeals 12:06 P.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to take a lunch recess.Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 1:32 P.M. Motion was offered by Chairperson Weisman, seconded by Member Schneider, 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: 1:32 P.M. - ADF VENTURES, LLC. #6850 by Bill Kelly, Agent. 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 accept request from agent to withdraw application.Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). RESOLUTIONS: A. Reminder Confirmation: Special Meeting Date for November 19, 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 December 3, 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 October 15, 2015.Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 2:00 P.M. —ALLISON LATHAM#6889 —by Allison Latham. This is a request under Section 280-146D for an Interpretation of the Town Code, Article III, Section 280-14, "Bulk Schedule", appealing the Building Inspector's September 10, 2015 Amended Notice of Disapproval regarding number of uses proposed on property located at: 860 Old North Road Southold, NY. SCTM#1000-55-1-7&8.3. BOARD RESOLUTION (1): (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to accept request from applicant to withdraw application. BOARD RESOLUTION (2): (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer to add content to ZBA#6861. Vote of the Board:Ayes:All. This Resolution was duly adopted(5-0). 2:05 P.M. Member Horning left. Page 5—Minutes Regular Meeting held November 5, 2015 Southold Town Zoning Board of Appeals 2:16 P.M. - SOUTHOLD FARM and CELLAR, INC. (MEADOR) #6861 by Pat Moore, Agent. — (Hearing to be adjourned due to revised Notice of Disapproval dated October 27, 2015)(Adjourned from 8/20/15) Request for Variances under Article III Code Section 280-13A(4) & 14, and Article XXIII Section 280-124 and the Building Inspector's April 9, 2015, amended June 19, 2015 AMENDED September 10, 2015 Notice of Disapproval for a building permit for conversion of an existing building to a tasting room and construction of a new winery building, at: 1) (winery building) less than the code required minimum setback of 100 feet from a major road, located at: 860 Old North Road Southold, NY. SCTM#1000-55-1-7&8.3. BOARD RESOLUTION (1): (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to enter material received from P. Moore, Agent re: #6889 into file #6861; BOARD RESOLUTION (2): (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, and to adjourn the Public Hearing to December 3, 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 3:33 P.M. Resp e ctfulliubmitt-'. Vicki Toth /7 //y/2015 Included by Reference: Filed ZBA Decisions (0) (ffreL/t/ kV() Leslie Kanes Weisman, Chairperson I7 /2015 Approved for Filing Resolution Adopte RECEIVED NOV 0 2015 e..4Qp,...11a, Sb'uthold Town CIkrl