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Home My WebLink AboutZBA-08/06/2015 BOARD MEMBERS- �,iSouthold Town Hall , Leslie KanesWeisman,Chairperson 0° �� "® '� 53.095 Main Road•P.O.Box 1179 �I° ,�® s® �" .Southold,NY 11971-0959 - Eric Dantes ` � f} ' Office Location: Gerard P.Goehringer �` ,� Town Annex/First Floor,Capital One Bank George Horning , . 1® --.Y _,_rr;�= '_A est 54375 Main Road_(at Youngs Avenue) Kenneth Schneider '_-' °U 9v% r " 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,AUGUST 6, 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 August 6, 2015 commencing at 8:00 A.M. "Present were: . " " . - - Leslie Kanes Weisman, Chairperson/Member - _ " George Horning, Member - - - - Ken Schneider, Member - Eric Dantes, Member Stephen Kiely,Assistant Town Attorney (arrived 9:47 a.m.) .Vicki Toth, ZBA Secretary - , __ Absent: Gerard P. Goehringer, Member 8:05 A.M. Chairperson Weisman called the meeting to order. • - - 8:05 A.M.ZBA TRAINING " Jaime Richter and Michael Collins,,Engineering 9:22 a.m. Chairperson Weisman opened the Public Hearings with the Pledge of Allegiance. POSSIBLE BOARD RESOLUTION TO CLOSE THE FOLLOWING HEARING DAVID and STEPHANIE SACK#6865 - 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 - Page 2—Minutes Regular Meeting held August 6, 2015 Southold Town Zoning Board of Appeals Chairperson Weisman, seconded by Member Schneider, to close the hearing reserving decision.Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Member Goehringer was absent. DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: 9:24 A.M.WILLIAM F. GRELLA and GARY D. OSBORN#6773—(Resolution to re- open the hearing). Request for Variances from Articles XXIII, XXII and III, Sections 280-56, 280-116B and 280-14 (Bulk Schedule) and the Building Inspector's August 7, 2013, amended and renewed May 19, 2014, amended June 2, 2014, amended July 14, 2014,Amended September 17, 2014 Notice of Disapproval based on an application for building permit for partial demolition, reconstruction, additions and alterations of an existing single family dwelling, at; 1) less than the code required front yard setback of 35 feet, 2) less than the code required single side yard setback of 25 feet, 3) less than the code required combined side yard setback of 50 feet, 4) more than the code permitted maximum lot coverage of 30%, 5) less than the code required bulkhead setback of 75 feet, 6) more than the code permitted 2 stories, located at: 1200 First Street(adj. to Great Peconic Bay) New Suffolk, NY. SCTM#1000-117-7-30. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Schneider, to re-open the hearing and calendar for October 1, 2015.Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 9:36 A.M. STEVEN and ANDREA KOLYER#6860—(Resolution to re-open this hearing due to an error in the Notice of Disapproval) 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 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 Horning, to re-open the hearing and calendar for September 3, 2015.Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 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: APPROVED WITH CONDITIONS: DAVID and STEPHANIE SACK#6865 Page 3—Minutes Regular Meeting held August 6, 2015 Southold Town Zoning Board of Appeals GRANT AMENDED APPLICATION: PASQUALE ANTHONY DeFIORE#6870 Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0).Member Goehringer was absent. WORK SESSION: A. Requests from Board Members for future agenda items. B. Mandatory training reminder. C. Attendance at Special Meeting—Ken Schneider and Leslie Weisman absent. D. ADF on October calendar. E. October/November Special Meeting—training,ATA Stephen Kiely. RESOLUTIONS: A. Reminder Confirmation: Special Meeting Date for August 20, 2015 at 5:00 PM. B. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Schneider to set the next Regular Meeting with Public Hearings to be held September 3, 2015 at 8:30 AM. Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Member Goehringer was absent. C. RESOLUTION ADOPTED:Motion was offered by Chairperson Weisman, seconded by Member Schneider to approve minutes from Special Meeting held July16, 2015. Vote of the Board:Ayes:All. This Resolution was duly adopted(4-0).Member Goehringer was absent. 9:57 A.M. Chairperson Weisman opened the Public Hearings with the Pledge of Allegiance. STATE ENVIRONMENTAL QUALITY REVIEWS: 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): JAY P. and KAREN A. QUARTARARO#6872 MICHAEL and ERIN WARLAN#6876 BRIAN HARRIS#6873 PETER and SUSAN HONIG#6874 EMMA VAN ROOYEN#6871 CHRISTOPHER ARIENS#6875 Page 4—Minutes Regular Meeting held August 6, 2015 Southold Town Zoning Board of Appeals Vote of the Board: All. This resolution was duly adopted(4-0).Member Goehringer was absent. PUBLIC HEARINGS: The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 9:58 A.M. - SOUTHOLD FARM and CELLAR, INC. (MEADOR)#6861 by Patricia Moore, Agent; Regan Meador, owner; Chris Baiz; Beatrice DuPont; Carol Haman; Dennis Lane and Connor Harrigan all in favor. (Adjourned from 7/2/15 PH) 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 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, 2) (winery building) located on a parcel less than the code required minimum of 10 acres, 3) (winery/tasting room) constitutes more than one principal use, 4) (winery building) at less than the code required minimum rear yard setback of 60 feet, 5) (tasting room) at less than the code required minimum rear yard setback of 60 feet, 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 Schneider, to adjourn the hearing to August 20, 2015.Vote of the Board:Ayes:All. This Resolution was duly adopted(4-0). Member Goehringer was absent. 11:32 A.M. Motion was offered by Chairperson Weisman, seconded by Member Horning, to take a short recess.Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 11:41 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 (4-0). Member Goehringer was absent PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 11:41 A.M. - JAY P. and KAREN A. QUARTARARO#6872 by Bruce Anderson,Agent. Request for Variance from Article III Code Section 280-15 and the Building Inspector's June 12, 2015 (renewed) Notice of Disapproval based on an application for building permit for accessory in-ground swimming pool, at; 1) location other than the code required rear yard, located at: 4284 Wunneweta Road (adj. to Wunneweta Pond) Cutchogue, NY. SCTM#1000-111-14-27.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Schneider, to close the hearing reserving decision.Vote of the Board:Ayes:All. This Resolution was duly adopted(4-0). Member Goehringer was absent. 11:54 A.M. - MICHAEL and ERIN WARLAN#6876 by Paul Pawlowski,Agent of Joe Read; Michael Warlan, owner and Danielle Hauss, neighbor, against. Request for Page 5—Minutes Regular Meeting held August 6, 2015 Southold Town Zoning Board of Appeals Variances from Article III Code Section 280-15 and the Building Inspector's June 19, 2015 Notice of Disapproval based on an application for building permit to construct an accessory garage and an in-ground swimming pool, at:locations in other than the code required rear yard, located at: 1145 Jackson Street (New Suffolk Avenue), New Suffolk, NY. SCTM#1000-117-9-8.1.BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Schneider, to close the hearing reserving decision subject to receipt of revised survey showing revised setbacks and evergreen screening and plans/elevations showing amended height for proposed accessory garage.Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 12:28 P.M. - BRIAN HARRIS#6873, by Brian Harris, owner. Request for Variance from Article III Code Section 280-15 and the Building Inspector's April 3, 2015 Notice of Disapproval based on an application for building permit for accessory garage, at; 1) location other than the code required rear yard, located at: 854 Bridle Lane Cutchogue, NY. SCTM#1000-102-4-5.5. 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(4- 0). Member Goehringer was absent. 12:38 P.M. - PETER and SUSAN HONIG#6874 by Nancy Steelman,Agent. Request for Variance from Article XXII Section 280-116B and the Building Inspector's June 9, 2015, amended June 19, 2015 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: 745 Waters Edge Way(adj. to Hog Neck Bay) Southold, NY. SCTM#1000-88-5-62. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Schneider, to close the hearing reserving decision.Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0).Member Goehringer was absent. 12:42 P.M. - EMMA VAN ROOYEN#6871 by John Berg,Agent. Request for Variances from Article XXIII Section 280-124 and the Building Inspector's June 1, 2015 amended June 15, 2015 Notice of Disapproval based on an application for building permit to construct additions and alterations to existing single family dwelling, at; 1) less than the minimum code required side yard setback of 15 feet, 2) less than the code required total side yard setback of 35 feet, located at: 575 Hill Road (adj. to Jockey Creek) Southold, NY. SCTM#1000-70-4-29. 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 (4-0). Member Goehringer was absent. 12:54 P.M. - CHRISTOPHER ARIENS#6875 by Charles Southard,Agent and James M. Carey, neighbor with concerns. Request for Variances from Article XXIII Section 280-124 and Article XXII Section 280-116B and the Building Inspector's May 29, 2015 Notice of Disapproval based on an application for demolition of existing single family dwelling and construction of a new single family dwelling, at; 1) less than the minimum code required front yard setback of 35 feet, 2) less than the code required Page 6—Minutes Regular Meeting held August 6, 2015 Southold Town Zoning Board of Appeals bulkhead setback of 75 feet, located at: 455 MacDonald Crossing(corner MacDonald Road) (adj.to Great Peconic Bay) Laurel, NY. SCTM#1000-145-4-17. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Schneider, to close the hearing reserving decision subject to receipt of revised survey showing new setbacks from bulkhead.Vote of the Board: Ayes:All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 1:18 P.M. - JAMES KNOBLOCH#6809 Re-opened by Board Resolution;by Michael Knoblock, owner and Kathleen Dwyer, neighbor (hostile). Request for Variance from Article XXIII Section 280-124 and the Building Inspector's August 4, 2014 Notice of Disapproval based on an application for building permit an "as built" deck addition to existing single family dwelling, at; 1)less than the code required single side yard setback of 10 feet, located at: 795 Bayview Drive East Marion, NY. SCTM#1000-37-1- 19. 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 (4-0). Member Goehringer 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 1:41 P.M. Respectfully .+ ,so itted, 1-\61C.0 i i ' --------- Vicki Toth ? /4/2015 Included by Reference: Filed ZBA Decisions (2) .�.�'1 < r I /Q,� ) i ,(�.c� Leslie Kanes Weisman 0 P /2015 Approved for Filing Resolution Adopted RECE1 EDS , r . . DEC 12 I M�� CZ. S thold Town Clerk