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Home My WebLink AboutZBA-01/09/2014 BOARD MEMBERS eta' Southold Town Hall - Leslie Kanes Weisman,Chairperson �' ��®� s®Ur*0 53095 Main Road•P.O.Box 1179 �'�� ® � $ 4 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer Q ,� Town Annex/First Floor,Capital One Bank George Horning 1�� 54375 Main Road(at Youngs Avenue) Kenneth Schneider ;lycouNri — 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, JANUARY 9, 2014 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 January 9, 2014 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 Jennifer Andaloro,Asst. Town Attorney Vicki Toth, ZBA Secretary 8:38 A.M. Chairperson Weisman called the public hearings to order. 8:39 A.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to adjourn to the Organizational Meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted(3-0). Members Horning and Dantes were not present. ORGANIZATIONAL MEETING A. Review Special Exception Permits granted from 2011-2013 for violations/status with Planning Board (where site plan approval is required). B. Review and Re-adopt 1. ZBA Procedural Guidelines. Motion was offered by Chairperson Weisman, seconded by Member Schneider, to re-adopt the Procedural Guidelines with no 'changes. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 2. Guidelines to Open Meetings Law and Ethical Issues. Motion was offered by Chairperson Weisman, seconded by Member Schneider, to re-adopt the Open Meetings Law and Ethical Issues with no changes. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 2—Minutes Regular Meeting held January 9, 2014 Southold Town Zoning Board of Appeals 3. Code of Conduct. Motion was offered by Chairperson Weisman, seconded by Member Schneider, to adopt the Code of Conduct with changes. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:36 A.M. Motion was offered by Chairperson Weisman, seconded by Member Schneider, to close the Organizational Meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). 9:41 A.M. Chairperson Weisman opened the Public Hearings with the Pledge of Allegiance. The Board proceeded with the first item on the Agenda as follows: STATE ENVIRONMENTAL QUALITY REVIEWS; A. BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Schneider, 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): WILLEM KOOYKER and JUDITH ANN CORRENTE#6716 RICHARD and LORRAINE BURDEN#6712 ROBERT WALSH#6708 BETTY DEROSKI REVOCABLE TRUST#6707 WALTER MURPHY(ESTATE OF)#6713 CAROLYN R.AMEEN#6711 STEVEN and SUSAN BLOOM#6709 MLADEN BAY#6714 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: 9:42 A.M. -WILLEM KOOYKER and JUDITH ANN CORRENTE#6716 by Richard Lark,Agent and Sam Fitzgerald,Architect. Request for Variance from Article XXII Section 280-116A(1) and the Building Inspector's December 5, 2013 Notice of Disapproval based on an application for building permit for partial demolition and additions and alterations to existing single family dwelling, at; 1) less than the code required setback of 100 feet from the top of bluff, located at: 7832 Claypoint Road (adj. to Fishers Island Sound) Fishers Island, NY. SCTM#1000-3-1-5. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member 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 January 9, 2014 Southold Town Zoning Board of Appeals 1021 A.M. - RICHARD and LORRAINE BURDEN#6712 by Richard Burden, owner. Request for Variances from Article XXII Section 280-116B,Article XXIII Section 280- 124 and the Building Inspector's last updated December 4, 2013 Notice of Disapproval based on an application for building permit for"as built" deck addition and in-ground swimming pool, at; 1) less than the code required bulkhead setback of 75 feet, 2)less than the code required rear yard setback of 50 feet, 3) less than the minimum code required side yard setback of 15 feet, located at: 2800 Ole Jule Lane (corner Channel Lane) (adj.to dredged canal)Mattituck, NY. SCTM#1000-122-4-15&16. 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 subject to receipt of information re: other pools with CO's in the area; and updated survey with pool dry well shown. Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 10:48 A.M. - ROBERT WALSH#6708 by Joseph Scarpulla,Architect and Robert Walsh, owner. Request for Variances from Article X Section 280-46 and Article III Section 280-15 and the Building Inspector's October 15, 2013, amended October 22, 2013 Notice of Disapproval based on an application for building permit for additions and alterations to existing single family dwelling and an accessory garage, at; 1) less than the code required minimum front yard setback of 15 feet for dwelling additions, 2) accessory garage proposed in a location other than the code required rear yard, located at: 780 King Street(corner Second Street) New Suffolk, NY. SCTM#1000-117-8-11. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Schneider, to close the hearing reserving decision subject to receipt of information re: other variances in the area; and amended site plan. Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 11:09 A.M. Motion was offered by Member Goehringer, seconded by Chairperson Weisman to take a short recess.Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 11:18 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: 10:30 A.M. -BETTY DEROSKI REVOCABLE TRUST#6707 by Karen Hoeg,Agent. This is a request for a Waiver of Merger under Article II, Section 280-10A, to unmerge land identified as SCTM#1000-136.-1-24.1, based on the Building Inspector's October 30, 2013 Notice of Disapproval, which states adjoining conforming or nonconforming lots held in common ownership shall merge until the total lot size conforms to the current bulk schedule (minimum 40,000 square feet in this R-40 Residential Zone Page 4—Minutes Regular Meeting held January 9, 2014 Southold Town Zoning Board of Appeals District) this lot is merged with lots 1000-136.-1-21&22, located at: 275 Oak Street, 2835 & 2855 Harbor Lane Cutchogue, NY. SCTM#'s1000-136.-1-24.1, 21&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 Schneider, to adjourn the hearing to January 23, 2014.Vote of the Board:Ayes:All. This Resolution was duly adopted(5-0). 11:41 A.M. - WALTER MURPHY(ESTATE OF)#6713 by Paul Silansky, agent and Carolanne Dunaske, neighbor against. This is a request for a Waiver of Merger under Article II, Section 280-10A, to unmerge land identified as SCTM#1000-110.-3-10, based on the Building Inspector's November 25, 2013 Notice of Disapproval, which states adjoining conforming or nonconforming lots held in common ownership shall merge until the total lot size conforms to the current bulk schedule (minimum 40,000 square feet in this R-40 Residential Zone District) this lot is merged with lot 1000-110: 3-11, located at: 750 and 830 Eastwood Drive Cutchogue, NY. SCTM#'s1000-110.-3-10 & 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). 12:06 P.M. - CAROLYN R.AMEEN#6711 by Glen Just, Agent and Neil Forbes, owner. Request for Variance from Article XXII Section 280-116B and the Building Inspector's October 10, 2013 Notice of Disapproval based on an application for building permit for additions and alterations to existing single family dwelling, at; 1) less than the code required bulkhead setback of 75 feet, located at: 755 Lupton Point Road (adj. to Deep Hole Creek) Mattituck, NY. SCTM#1000-115-11-4.1. 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 subject to receipt of copy of Home Inspection verifying septic location and function. Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 12:19 P.M. - STEVEN and SUSAN BLOOM#6709 by Amy Martin,Agent. Request for Variance from Article III Section 280-15 and the Building Inspector's November 15, 2013 Notice of Disapproval based on an application for building permit for an accessory in-ground swimming pool, at; 1) proposed location other than the code required rear yard, located at: 7800 Pecomc Bay Blvd., (adj. to Great Peconic Bay) Laurel, NY. SCTM#1000-126-11-15. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Schneider, to close the hearing reserving decision. Vote of the Board:Ayes:All. This Resolution was duly adopted(5-0). 12:27 P.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes, to recess for lunch.Vote of the Board:Ayes:All. This Resolution was duly adopted (5- Page 5—Minutes Regular Meeting held January 9, 2014 Southold Town Zoning Board of Appeals 1.17 P.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(4-0).Member Dantes was out of the room. 1:18 P.M. Member Dantes returned. PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 1:15 P.M.—MLADEN BAY#6714 by Mladen Bay, owner;Janet Geasa, Attorney for neighbors, against; Richard Sahm, neighbor, against. Request for Variance from Article XXIII Section 280-124 and the Building Inspector's November 25, 2013 Notice of Disapproval based on an application for building permit for construction of a garage and porch addition, at; 1) less than the code required combined side yard setback of 35 feet, located at: 475 Hill Road(adj. to Jockey Creek) Southold, NY. SCTM#1000-70-4- 30. 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). RESOLUTIONS A. Reminder Confirmation: The Chairperson confirmed the next Special Meeting date for January 23, 2014 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 February 6, 2014 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 for Special Meeting held December 19, 2013.Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). WORK SESSION: A. Requests from Board Members for future agenda items. B. Discuss issues related to proposed additions/enlargements to accessory structures that qualify for conversion to accessory apartments. C. 280-45. D. Goals for ZBA 2014. Page 6—Minutes Regular Meeting held January 9, 2014 Southold Town Zoning Board of Appeals There being no other business properly coming before the Board at this time, the Chairperson declared the meeting adjourned. The meeting was adjourned at 2:09 P.M. Respectfully su itted,ct Vicki Toth / /&J/2014 Included by Reference: tiled ZBA Decisions (0) D Leslie Kanes Weisman / /t 2014 REd IV' Approved for Filing Resolution Adopted c4. 4 :, a , //, Southold Town Clerk