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Home My WebLink AboutZBA-01/07/2016 BOARD MEMBERS ' - ��1!' Southold Town Hall - �' ��®� ®�ry® 53095 Main Road•P.O.Box 1179 �® Leslie Kanes Weisman,Chairperson ,,�� ; Southold,NY 11971-0959 Eric Dante's , Office Location: Gerard P.Goehringer. Q 1 Town Annex/First Floor,Capital One Bank- a® � 54375 Main Road(at Youngs Avenue) George Horning �-'® � 'Kenneth Schneider \.4,C®UNit �i 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 7, 2016 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 7, 2016 commencing at 8:30 A.M. Present were: - Leslie Kanes Weisman, Chairperson/Member Gerard P. Goehringer, Member Ken Schneider, Member_ EricDantes, Member, Stephen Kiely,Assistant Town Attorney(arrived 8:50 a.m.) Vicki Toth, ZBA Secretary Absent: George Horning, Member ' 8:37 A.M. ChairpersonWeismari called the public hearings to order. WORK SESSION: 'A. Discussion re: asking for time extensions. ORGANIZATIONAL MEETING A. Review ZBA policy documents; 1. Code of Conduct - 2. Guidelines to Open Meetings Law and Ethical Issues - 3. ZBA Procedural Guidelines - RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Dantes to adopt all of the above with no changes.Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0).Member Horning was absent. Page 2—Minutes Regular Meeting held January 7, 2016 Southold Town Zoning Board of Appeals 4. 2016 Meeting dates 5. 2016 ZBA Training 6. Templates—change heading date to 2016 RESOLUTIONS: A. Reminder Confirmation: Special Meeting Date for January 21, 2016 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 February 4, 2016, 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 Goehringer to approve minutes from Special Meeting held December 19, 2015.Vote of the Board:Ayes:All. This Resolution was duly adopted(4-0). Member Horning was absent. WORK SESSION: B. Requests from Board Members for future agenda items. C. Bulkhead setbacks. D. Showalter 9:31 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: 9:30 A.M. - OLD NORTH ROAD BARN, LLC (CLAUDIA PURITA)#6903— (Adjourned from 12/3/2015PH) 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 close the hearing reserving decision.Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Member Horning 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: Page 3—Minutes Regular Meeting held January 7, 2016 Southold Town Zoning Board of Appeals APPROVED: OLD NORTH ROAD BARN, LLC (CLAUDIA PURITA)#6903 Vote of the Board: Ayes:All. This Resolution was duly adopted (4-0). Member Horning was absent. 9:41 A.M. OLD NORTH ROAD BARN, LLC (CLAUDIA PURITA)#6902 - (Adjourned from 12/3/15PH) by Abigail Wickham, Agent. 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 Goehringer, to close the hearing based on verbal withdrawal with written withdrawal to follow.Vote of the Board:Ayes:All. This Resolution was duly adopted(4-0). Member Horning was absent. 10:00 A.M. FRANK J. and ELIZABETH G. KELLY#6898 - (Adjourned from 12/3/15) by Dan Ross,Agent. 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 Pecomc 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 Schneider, to adjourn the hearing to February 4, 2016 at 12 noon.Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Member Horning was absent. 10:11 A.M. - DAVID A. ROSENBAUM #6904 by Joan Chambers, Agent and Bernard Persell, neighbor. Request for Variance from Article III Section 280-14 and the Building Inspector's November 9, 2015 Notice of Disapproval based on an application for building permit for conversion of an attic to "as built"habitable space to an existing dwelling at: 1) more than the code required number of stories of two and a half, located at: 145 Brown Street (aka 726 Brown Street) Greenport, NY. SCTM#1000-48-3-26. 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 (4-0). Member Horning was absent. 10:30 A.M. - PATRICIA A. MISTRETTA#6905 by Patricia Mistretta, owner.Applicant requests a Special Exception under Article III Section 280-13B(14). The Applicant is the owner requesting authorization to establish an Accessory Bed and Breakfast, accessory and incidental to the residential occupancy in this single-family dwelling, with two (2) bedrooms for lodging and serving of breakfast to the B&B casual, transient roomers. Location of Property: 26755 Main Road, Cutchogue, NY. SCTM#1000-109-2-14. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Schneider, to close the hearing Page 4—Minutes Regular Meeting held January 7, 2016 Southold Town Zoning Board of Appeals reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4- 0).Member Horning was absent. 10:36 A.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes, to take a short recess.Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0).Member Horning was absent. 10:52 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 (4-0). Member Horning 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: 1053 A.M.- BARBARA RUBENSTEIN#6906 by Mary Given and Cohn Ratsey, Agent; Karen Raffel, neighbor; Tom Schankel; Regina Schankel reading letter from Mr. and Mrs. Creeron all against. Request for Variance from Article XXIII Section 280-124 and the Building Inspector's October 1, 2015 Notice of Disapproval based on an application for building permit to construct a garage addition to existing single family dwelling, at; 1) less than the minimum code required front yard setback of 35 feet, located at: 2735 Beebe Drive (corner Emory Road) Cutchogue, NY. SCTM#1000-103-4-37.2. 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 recess the hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Horning was absent. 11:19 A.M. - JOHN MAXWELL and BERKELEY BAYNE SOPER #6910 by Sam Fitzgerald, Agent. Request for Variance from Article III Section 280-15 and the Building Inspector's December 1, 2015 Notice of Disapproval based on an application for building permit for accessory garage, at; 1) proposed in location other than the code required rear yard, located at: 274 Top of the World (aka Private Road No. 7) Fishers Island, NY. SCTM#1000-4-5-5.7. 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 close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0).Member Horning was absent. 11:31 A.M. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Schneider to reconvene public hearing on BARBARA RUBENSTEIN#6906. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Horning was absent. BARBARA RUBENSTEIN #6906 by Mary Given and Colin Ratsey, Agent; Karen Raffel, neighbor; Tom Schankel; Regina Schankel reading letter from Mr. and Mrs. Creeron all against. Request for Variance from Article XXIII Section 280-124 and the Building Inspector's October 1, 2015 Notice of Disapproval based on an application for building permit to construct a garage addition to existing single family dwelling, at; 1) less than the minimum code required front yard setback of 35 feet, located at: 2735 Beebe Drive (corner Emory Road) Cutchogue, NY. SCTM#1000-103-4-37.2. BOARD Page 5—Minutes Regular Meeting held January 7, 2016 Southold Town Zoning Board of Appeals 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 21, 2016 for written only. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Horning was absent. 12:01 P.M. - L., D., A., R. SUTER#6908 by Richard Suter,Agent. Request for Variance from Article XXIII Section 280-124 and the Building Inspector's November 23, 2015 Notice of Disapproval based on an application for building permit to legalize "as built" deck addition to existing single family dwelling, at; 1) more than the code maximum allowable lot coverage of 20%, located at: 545 Beachwood Road (adj. to Great Peconic Bay) Cutchogue, NY. SCTM#1000-116-4-22. 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. Vote of the Board: Ayes: All. This Resolution was duly adopted(4-0).Member Horning was absent. 12:10 P.M. - GEORGE and LISA WALLACE#6909 by George Wallace, owner. Request for Variance from Article XXIII Section 280-124 and the Building Inspector's November 25, 2015 Notice of Disapproval based on an application for building permit to construct a hot tub and deck addition to existing single family dwelling, at; 1) less than the code required rear yard setback of 50 feet, located at: 430 Bailie Beach Road Mattituck, NY. SCTM#1000-99-3-4.14. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board:Ayes: All. This Resolution was duly adopted (4-0).Member Horning 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 12:17 P.M. Respectful submitt d, \Fat- Vicki Toth / /02(/2016 Includ-.. by Reference: Filed ZBA Decisions (i) l / k4ii / // R� C1!!E_� Leslie Kanes Weisman, Chairperson r /2/2016 I Approved for Filing Resolution Adopted 22 2016 ezriAg& uthold Town Clerk