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Home My WebLink AboutZBA-12/03/2015 • BOARD MEMBERS �,i�' ®� SOU ' Southold Town Hall' Leslie Kanes Weisman,Chairperson ��®�� ®�® 53095 Main Road P.O.Box 1179 Southold,N Y 11971-0959 Eric Dantes Office Location: Gerard P.Goehririger . - % Town Annex/First Floor,Capital One Bank George Horning ,��® �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider '®��C®U �� Southold,NY 11971 o http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD TeL(631)765-1809•Fax(631)765=9064 MINUTES REGULAR MEETING THURSDAY, DECEMBER 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 December 3, 2015 commencing at 8:30 A.M. - Present were: Leslie Kanes Weisman, Chairperson/Member Gerard P. Goehringer, Member George Horning, Member (left 2:10 p.m.) Ken Schneider, Member Eric Dantes, Member Stephen Kiely,Assistant Town Attorney Vicki Toth, ZBA Secretary 8:44 A.M. Chairperson Weisman called the public hearings to order. EXECUTIVE SESSION: A. Attorney/Client advice 8:45 A.M. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Horning to enter Executive Session.Vote of the Board: Ayes: All. This Resolution was'duly adopted(5-0). 9:26 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). 9:26 A.M. Chairperson Weisman opened the hearings with the Pledge of Allegiance. Page 2—Minutes Regular Meeting held December 3, 2015 Southold Town Zoning Board of Appeals POSSIBLE BOARD RESOLUTION TO CLOSE THE FOLLOWING HEARING: 9:37 A.M.ANTHONY and LISA SANNINO#6882—(Adjourned from September 3, 2015) 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 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.) Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to hold in abeyance and go to next hearing.Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). (Member Schneider recused himself from this application). PUBLIC HEARINGS: The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 9:38 A.M. - HEATHER and RICHARD PETROWSKI#6896 by Nancy Dwyer,Agent and Richard Petrowski, owner. Request for Variances from Article XXII Section 280- 116B and Article XXIII Section 280-124 and the Building Inspector's October 26, 2015 Notice of Disapproval based on an application for building permit for demolition of existing building and construction of a new single family dwelling, at: 1) less than the code required bulkhead setback of 75 feet, 2) less than the code required front yard setback of 35 feet, located at; 295 East Legion Avenue (adj. to James Creek) Mattituck, NY. SCTM#1000-122-3-26. 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- 1)1 9:45 A.M. - PETER COCOLARAS #6897 by Peter Cocolaras, owner; Carol Conti, neighbor with questions; Terry Lester, with drainage concerns and size of 2nd floor; Willard Lester, neighbor with drainage concerns and Mrs. Mullady, neighbor, with size concerns. Request for variances Article III Section 280-15 and 280-15D and the building inspector's Notice of Disapproval dated September 29. 2015, amended October 28, 2015 based on an application for a building permit to construct an accessory garage, at: 1) location other than the code required rear yard, 2) dormers at more than the maximum code allowable 40% of roof width, located at; 1095 Hyatt Road Southold, NY. SCTM#1000-50-1-14. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Dantes, to adjourn the hearing to December 17, 2015. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:24 A.M.ANTHONY and LISA SANNINO#6882— (Adjourned from September 3, 2015) 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 7495 Alvah's Lane Cutchogue, NY. SCTM#1000-101-1-14.6&14.4. BOARD RESOLUTION: Page 3—Minutes Regular Meeting held December 3, 2015 Southold Town Zoning Board of Appeals (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Dantes, to close the hearing reserving decision subject to receipt of survey/site plan showing necessary acreage.Vote of the Board:Ayes:All. This Resolution was duly adopted(4-0). Member Schneider recused himself. 10:26 A.M. Motion was offered by Chairperson Weisman, seconded by Member Schneider, to take a short recess.Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 10:32 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: 10:33 A.M. - BEN and DIANE BENEDIKTSSON#6900 by Pat Moore, Agent. Request for Variance from Article III Code Section 280-15C and the Building Inspector's April 6, 2015, renewed October 1, 2015 Notice of Disapproval based on an application for building permit to construct an accessory garage, at; 1) square footage of more than the maximum code allowed of 750 square feet, located at: 1655 Evergreen Drive Cutchogue, NY. SCTM#1000-102-1-4.5. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to adjourn the hearing to December 17, 2015, subject to other variances of oversize garages.Vote of the Board:Ayes:All. This Resolution was duly adopted(5-0). 11:04 A.M. - ALEXANDER KOFINAS, AS TRUSTEE #6893 by Mike Kimack, Agent. Request for Variance from Article XXIII Section 280-122 and the Building Inspector's October 15, 2015 Notice of Disapproval based on an application for building permit to construction alterations to existing nonconforming accessory garage, at: proposed alteration creates new nonconformance, located at: 805 West Road (adj. to Peconic Bay) Cutchogue, NY. SCTM#1000-110-7-4. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Schneider, to adjourn the hearing without a date until all conditions of previous grant (#6774) are met and subject to info on other accessories in front yard in the neighborhood.Vote of the Board:Ayes:All. This Resolution was duly adopted(5-0). 11:26 A.M. - GIOIA TURITTO and NABIL EL SHERIF#6899 by Mike Kimack, Agent. Request for Variances from Article III Section 280-15 and the Building Inspector's October 21, 2015 Notice of Disapproval based on an application for building permit for accessory gazebo and 'as built' accessory shed, at; 1) accessory gazebo proposed in location other than the code required rear yard 2) 'as built' accessory shed located in other than the code required rear yard, located at: 1800 Park Way and 40 Beachwood (adj. to Goose Creek) Southold, NY. SCTM#'s 1000-70-10-61.1 & 62.1. 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 subject to size of shed; location of Page 4—Minutes Regular Meeting held December 3, 2015 Southold Town Zoning Board of Appeals shed from road and house. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:41 A.M. - BRUCE ROTHSTEIN#6901 by Robert Brown,Architect/Agent. Request for Variance from Article XXIII Section 280-124 and the Building Inspector's October 21, 2015 Notice of Disapproval based on an application for building permit to construct a second story addition to existing single family dwelling, at; 1) less than the minimum code required side yard setback of 15 feet, located at: 7390 Great Peconic Bay Boulevard(adj. to Great Peconic Bay) Laurel, NY. SCTM#1000-126-11-11. 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). 11:44 A.M. Motion was offered by Chairperson Weisman, seconded by Member Schneider, to take a short recess.Vote of the Board:Ayes:All. This Resolution was duly adopted(5-0). 11:49 A.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(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: 11:49 A.M. - LINTON DUELL#6895 by Linton Duell, owner.Applicant requests a Special Exception under Article III, Section 280-13B(13). The Applicant is the owner requesting authorization to establish an Accessory Apartment in an accessory structure, located at: 450 Private Road#14 (adj. to Orient Harbor) Orient, NY. SCTM#1000-24-2-12. 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). 12:12 P.M. -LINTON DUELL#6894 by Linton Duell, owner. Request for variance from Article III Section 280-13 and the building inspector's Notice of Disapproval dated September 25, 2015 based on a building permit application for construction of an accessory garage with living space, at; not to exceed more than one dwelling on each lot, proposed construction constitutes a second dwelling unit, located at: 450 Private Road#14 (adj. to Orient Harbor) Orient, NY. SCTM#1000-24-2-12. 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 withdraw the application per verbal request of the applicant.Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). Page 5—Minutes Regular Meeting held December 3, 2015 Southold Town Zoning Board of Appeals 12:13 P.M.Motion was offered by Chairperson Weisman, seconded by Member Schneider, to take a short recess.Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 1:18 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: 1:18 P.M. - OLD NORTH ROAD BARN, LLC (CLAUDIA PURITA) #6903 by Abigail Wickham,Agent. This is a request under Article XXVI Section 280-146D requesting an INTERPRETATION of Town Code, Article III, Section 280-13A(4), "Major Road", appealing the Building Inspector's amended October 13, 2015 Notice of Disapproval for additions and alterations to and the conversion of an existing storage building to include a wine production building at less than 100 feet from the road, located at: 5195 Old North Road Southold, NY. SCTM#1000-51-3-5. 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 adjourn the hearing to January 7, 2016 at 9:30 a.m. Vote of the Board: Ayes:All. This Resolution was duly adopted (5-0). 1:45 P.M. - OLD NORTH ROAD BARN, LLC (CLAUDIA PURITA) #6902 by Abigail Wickham, Agent and Pat Moore, with comments. Request for Variance under Article III Code Section 280-13A(4) and the Building Inspector's August 10, 2015, amended October 19, 2015 Notice of Disapproval for a building permit for additions and alterations to and conversion of an existing storage building to include a wine production building, at; less than the code required minimum setback of 100 feet from a major road, located at: 5195 Old North Road Southold, NY. SCTM#1000-51-3-5. 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 adjourn the hearing to January 7, 2016 at 9:40 a.m.Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 2:10 P.M. - FRANK J. and ELIZABETH G. KELLY#6898 by Dan Ross, Agent; Frank Kelly, owner; Jerome Mornsey; Mary Lou Palmer; George Hockbruckner and approximately eight other neighbors, all against. This is a request under Article XXVI Section 280-146D requesting Reversal of the building inspector's Notice of Disapproval dated August 31, 2015 requiring site plan approval under Article XIII Section 280- 51A(2), located at: 1900 Great Peconic Bay Boulevard (adj. to Brushes Creek) Laurel, NY. SCTM#1000-145-4-3. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Dantes, to adjourn the hearing to January 7, 2016 at 10:00 a.m. Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 2:10 P.M.—Member Horning left. Page 6—Minutes Regular Meeting held December 3, 2015 Southold Town Zoning Board of Appeals 2:48 P.M. -SOUTHOLD FARM+CELLAR, INC. (MEADOR)#6861 by Pat Moore, Agent; Regan Meador, owner; Eric Clemings; Melissa Henry; Christy Frank; Nadeara Vlaun; Lynne Normandia, all in support and Allison Latham, against. Request for Variances under Article III Code Section 280-13A(4), 14 and the Building Inspector's April 9, 2015 last amended October 27, 2015 Notice of Disapproval for a building permit for conversion of an existing building to include a tasting room and the construction of a new winery building, at: 1) less than the code minimum required setback of 100 feet from a major road, 2)less than the code required development intact square footage of 80,000 square feet per use, located at: 860 Old North Road Southold, NY. SCTM#1000-55-1-7 & 8.3. 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 additional information on approved site plans for related farm properties..Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0).Member Horning was absent. RESOLUTIONS: A. Reminder Confirmation: Special Meeting Date for December 17, 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 January 7, 2016, 2015 at 8:30 AM.Vote of the Board:Ayes:All. This Resolution was duly adopted(4-0).Member Horning was absent. C. RESOLUTION ADOPTED:Motion was offered by Chairperson Weisman, seconded by Member Schneider to approve minutes from Special Meeting held November 19, 2015.Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Member Horning was absent. EXECUTIVE SESSION: 4:17 P.M. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Dantes to enter Executive Session.Vote of the Board: Ayes: All. This Resolution was duly adopted(4-0). Member Horning was absent. 4:44 P.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(4-0). Member Horning was absent. *** Page 7—Minutes Regular Meeting held December 3, 2015 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 4:45 P.M. Respectfully subbmmi�tted, \Flje-4, Vicki Toth kr /`7/2015 Incl ed by Reference: Filed ZBA Decisions (0) Pijt 41i it) Leslie Kanes Weisman, Chairperson /?, _// 2015 EC 6VED Approved for Filing Resolution Adopted DEQ 2 1 2015 - zl.uthol. t5!n