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Home My WebLink AboutZBA-02/04/2016 BOARD MEMBERS i°1* F sou - Southold Town Hall Leslie Kanes Weisman,Chairperson o°� �� yQ 53095 Main Road•P.O.Box 1179 " ,`O 4 ; Southold,NY 11971-0959 Eric Dantes #t Office Location: Gerard P.Goehringer � G Q Town Annex/First Floor,Capital One Bank George Horning �� ,&.kz:o 54375 Main Road(at Youngs Avenue) Kenneth Schneider CQUNTI,* 01. 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, FEBRUARY 4, 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 February 4, 2016 commencing at 8:30 A.M. Present were: Leslie Kanes Weisman, Chairperson/Member George Horning, Member (left 2:12 p.m.) Ken Schneider, Member Eric Dantes, Member Stephen Kiely,Assistant Town Attorney Elizabeth Sakarellos, Clerk-Typist Absent: Gerard P. Goehringer, Member 8:38 A.M. Chairperson Weisman called the public hearings to order. RESOLUTIONS: A. Reminder Confirmation: Special Meeting Date for February 18, 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 March 3, 2016, 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 January 21, 2015. Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 8: 50 a.m. Motion was offered by Chairperson Weisman, seconded by Member Dantes to enter Executive Session for Attorney/Client advice.Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. Page 2—Minutes Regular Meeting held February 4, 2016 Southold Town Zoning Board of Appeals EXECUTIVE SESSION: A. Attorney/Client advice. 9:15 a.m. Motion was offered by Chairperson Weisman, seconded by Member Schneider to exit Executive Session.Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 9:20 A.M. Chairperson Weisman opened the hearings with the Pledge of Allegiance. 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): UHLEMANN FAMILY 2012 IRREVOCABLE TRUST#6916 RICHARD and KATHLEEN O'TOOLE#6913 STEPHEN and ARDA HARATUNIAN#6911 ISLAND ESTATE GROUP,LLC#6918 RUSSELL and SUSAN HEARN#6915 RICHARD and LISA ISRAEL#6917 DONNA WEXLER and RODNEY T. QUARTY#6920 & 6919 LISA GILLOOLY#6922 Vote of the Board: All. This resolution was duly adopted (4-0). Member Goehringer was absent. B. New Applications: RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Schneider to declare that the SEQRA review in connection with the Pawlowski application (#6914) shall be conducted by the Planning Board, as lead agency, via a coordinated review. Once the SEQRA review is completed by the Planning Board, the ZBA as an involved agency shall examine same and incorporate it into our deliberation on this application. Therefore. The application will necessarily be adjourned after today's hearing in order to receive SEQRA. 9300 ROUTE 25, INC. (PAWLOWSKI)#6914 Vote of the Board: All. This resolution was duly adopted (4-0). Member Goehringer was absent. Page 3—Minutes Regular Meeting held February 4, 2016 Southold Town Zoning Board of Appeals PUBLIC HEARINGS: The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 9:25 A.M. -9300 ROUTE 25. INC. (PAWLOWSKI)#6914 by Paul Pawlowski, partner; Denise Geiss; Skip Gehring;Julie Amper; Susan Tomin; Doris McGreevy; Margret Brown; Robert Hernandez; Lisa Fox;Jason Wall;Joe Slovak;Julie Amper; Adrian Weber and Jim Casey. Request for Special Exception per Article III Code Section 280-13B(7), the applicant is requesting permission to construct an annual membership club, located at: 9300 Main Road (aka NYS Route 25) Mattituck, NY. SCTM#1000-122-7-9. 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 subject to SEQRA determination by Planning Board.Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 10:45 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 (4-0). Member Goehringer was absent. 10:55 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: 10:56 A.M. -UHLEMANN FAMILY 2012 IRREVOCABLE TRUST#6916 by Pat Moore,Agent. This is a request for a Waiver of Merger under Article II, Section 280- 10A, to unmerge land identified as SCTM#1000-106-11-12, based on the Building Inspector's December 5, 2015 Notice of Disapproval, which states a nonconforming lot shall merge with an adjacent conforming or nonconforming lot held in common ownership 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 lots 1000-106-11-13,14,& 16, located at; 350 South Drive, 1260 Bayview Avenue, 1310 Bayview Avenue, and 1400 Bayview Avenue Mattituck, NY. SCTM#'s1000-106-11- 12,13,14,&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.Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 11:07 A.M. -RICHARD and KATHLEEN O'TOOLE#6913 by Bill Birkmier,Agent. Request for Variance from Article III Section 280-15F and the Building Inspector's November 9, 2015 Notice of Disapproval based on an application for building permit for accessory in-ground swimming pool, at; 1)proposed in location other than the code Page 4—Minutes Regular Meeting held February 4, 2016 Southold Town Zoning Board of Appeals required rear yard or front yard on waterfront property, located at: 700 Peconic Bay Boulevard(adj. to Great Peconic Bay) Laurel, NY. SCTM#1000-145-2-6. 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 amended survey.Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 11:24 A.M. - STEPHEN and ARDA HARATUNIAN #6911 by Rob Herrmann, Agent; Meryl Kramer, Architect; Gail Leghart; and John Scoukris, neighbors, against. Request for Variance from Article XXII Section 280-116A (1) and the Building Inspector's November 5, 2015 Notice of Disapproval based on an application for building permit to demolish existing dwelling and construct a new single family dwelling, at; 1) less than the code required bluff setback of 100 feet, located at: 1205 Soundview Avenue Extension (adj. to Long Island Sound) Southold, NY. SCTM#1000- 50-2-13. COURT ARRAIGNMENT 11:49 A.M. RECESS FOR COURT ARRAIGNMENT—Motion was made by Chairperson Weisman, seconded by Member Schneider to recess for Court Arraignment.Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 12:28 P.M. RECONVENE PUBLIC HEARINGS—Motion was made 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 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: 12:28 P.M. RECONVENNED -STEPHEN and ARDA HARATUNIAN#6911 by Rob Herrmann,Agent; Meryl Kramer,Architect; Gail Leghart; and John Scoukris, neighbors, against. Request for Variance from Article XXII Section 280-116A(1) and the Building Inspector's November 5, 2015 Notice of Disapproval based on an application for building permit to demolish existing dwelling and construct a new single family dwelling, at; 1) less than the code required bluff setback of 100 feet, located at: 1205 Soundview Avenue Extension (adj. to Long Island Sound) Southold, NY. SCTM#1000-50-2-13. 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 18, 2016, subject to receipt of Soil and Water comments. Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 12:47 P.M. -ISLAND ESTATE GROUP, LLC#6918 by Mike Kimack, Agent; Shawn Kruk, owner;Abigail Wickham for James Connolly, neighbor, against; Genevieve Woessner, neighbor, against. Request for Variance from Article III Section 280-15 and the Building Inspector's September 18, 2015, amended December 8, 2015 Notice of Disapproval based on an application for building permit for construction of a new Page 5—Minutes Regular Meeting held February 4, 2016 Southold Town Zoning Board of Appeals single family dwelling, an in-ground swimming pool, conversion of existing dwelling to pool house and legalize existing accessory garage, at; 1)proposed in-ground swimming pool location other than the code required rear yard, 2) existing proposed pool house and accessory garage location other than the code required rear yard, located at: 5375 Sound Avenue Mattituck, NY. SCTM#1000-121-1-3.4. 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 to February 18, 2016, subject to receipt of updated/ amended survey and additional comments.Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 1:36 P.M. -RUSSELL and SUSAN HEARN#6915 by Nancy Steelman,Agent and Gerard Conway, Manager of North Fork Country Club. Request for Variances from Article XXIII Section 280-124 and the Building Inspector's December 7, 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 code required rear yard setback of 35 feet, 2) more than the maximum code allowable lot coverage of 20%, located at: 535 Meadow Lane Cutchogue, NY. SCTM#1000-116-2-20. 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. 1:49 P.M. -RICHARD and LISA ISRAEL#6917 by Robert Brown, Agent and Richard Israel, owner. Request for Variance from Article XXIII Section 280-124 and the Building Inspector's October 21, 2015, amended November 2, 2015 Notice of Disapproval based on an application for building permit to demolish existing dwelling and construct a new single family dwelling with elevated patio, at; 1) less than the minimum code required front yard setback of 35 feet, 2) accessory shed in location other than granted in prior ZBA#4815, located at: 685 Osprey Nest Loop Road (adj. to Gull Pond Inlet) Greenport, NY. SCTM#1000-35-6-27. 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. 2:00 P.M. -FRANK J. and ELIZABETH G. KELLY#6898—(Adjourned from 1/7/16) 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 Schneider, to adjourn the hearing to April 7, 2016 at 12 noon,per request from attorney for the applicant.Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 2:03 P.M. -DONNA WEXLER and RODNEY T. QUARTY#6920 by Rodney Quarty. Request for Variance from Article III Section 280-13 and the Building Inspector's November 23, 2015 Notice of Disapproval based on an application for building permit for conversion of an attic to"as built" habitable space to an existing Page 6—Minutes Regular Meeting held February 4, 2016 Southold Town Zoning Board of Appeals dwelling, at: 1) more than the code maximum number of stories of two and a half, located at: 1775 Indian Neck Lane (adj. to Richmond Creek) Pecomc, NY. SCTM#1000- 86-5-9.1. 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. 2:09 P.M. -DONNA WEXLER and RODNEY T. QUARTY#6919 by Rodney Quarty.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, 2) accessory apartment exceeds code maximum allowed square feet of 750, located at: 1775 Indian Neck Lane (adj. to Richmond Creek) Peconic, NY. SCTM#1000-86-5-9.1. 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. 2:12 P.M. Member Horning left. 2:15 P.M. -LISA GILLOOLY#6922 by Lisa Gillooly, owner; Rob Sorrenson, contractor;Yan Rieger, neighbor, against. Request for Variances, from Article XXIII Section 280-124,Article III Section 280-15C&F and Article XXII Section 280-105A and the Building Inspector's October 19, 2015 Notice of Disapproval, last amended January 5, 2016 based on an application for building permit to construct an accessory garage, "as built" deck addition and"as built"fence, at; 1) accessory Garage:proposed at more than the code maximum square footage allowed of 750 square feet, 2)Accessory garage proposed at less than the code required front yard setback of 40 feet from both streets, 3) "as built" deck at less than the code required rear setback of 50 feet, 4) "as built" fence at more than the code maximum allowed height in a front yard of 4 feet, located at: 450 harbor Road (corner King Street) (adj. to Orient Harbor) Orient, NY. SCTM#1000-27-4-7. 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 February 18, 2016 subject to receipt of survey or site plan by license_d professional and hearing to remain open for additional comments. Vote of the Board: Ayes:All. This Resolution was duly adopted (3-0). Members Goehringer and Horning were absent. WORK SESSION: A. Request from Board Members for future agenda items. B. Follow up on in house FEMA and land preservation training classes—possible meeting with M. Verity for April. Page 7—Minutes Regular Meeting held February 4, 2016 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 3:18 P.M. ' s.e tfull/subm tted, I / i.:beth Sa arel es • / 10/2016 In „Q:,�,.y Reference: Filed ZBA Decisions (0) :61(..41it....I " il� (bz Leslie Kanes Weisman, Chairperson /a12016 Approved for Filing Resolution Adopted RECE VED 44- ' /, ,, F IB 2 2 2016 ezaa. Ni S Ithold Town Clerk