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Home My WebLink AboutZBA-03/03/2016 - BOARD MEMBERS 0111Southold Town Hall Leslie Kanes Weisman,Chairperson i� A�oF SO1i, 53095 Main Road•P.O.Box 1179 h O Southold,NY 11971-0959 Eric Dantes % * . * Office Location: Gerard P.Goehringer G � Town Annex/First Floor,Capital One Bank George Horning �92Yo I‘ 54375 Main Road(at Youngs Avenue)- Kenneth Schneider ITCQU � io� 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, MARCH 3, 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 March 3, 2016 commencing at 8:30 A.M. Present were: Leslie Kanes Weisman, Chairperson/Member Gerard P. Goehringer, Member George Horning, Member (left 2:15 p.m.) Ken Schneider, Member Eric Dantes, Member Stephen Kiely,Assistant Town Attorney Vicki Toth, ABA Secretary 8:35 A.M. Chairperson Weisman called the public hearings to order. WORK SESSION: A. Requests from Board Members for future agenda items B. Accessory structures in a side yard, general discussion 9:14 a.m.Motion was offered by Chairperson Weisman, seconded by Member Goehringer to enter Executive Session for Attorney/Client advice.Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). EXECUTIVE SESSION: - - A. Attorney/Client advice. 9:20 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(5-0). 9:20 A.M. Chairperson Weisman opened the hearings with the Pledge of Allegiance. Page 2—Minutes Regular Meeting held March 3, 2016 Southold Town Zoning Board of Appeals POSSIBLE BOARD RESOLUTION TO CLOSE THE FOLLOWING HEARING: STEPHEN and ARDA HARATUNIAN#6911 - 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 close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTION: 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: DENIED AS APPLED FOR, GRANT THE RELIEF_ AS AMENDED WITH CONDITIONS: RICHARD and KATHLEEN O'TOOLE#6913 CONDITIONAL APPROVAL: STEPHEN and ARDA HARATUNIAN#6911 Vote of the Board: Ayes:All. This Resolution was duly adopted(4-0-1). 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): ROBERT, JR. and NOREEN FISHER#6924 ELIZABETH and GUS MANTIKAS#6928 NEIL STRONSKI and PATRICIA PEREZ#6929 MARJORIE ADAMS#6930 MARK COHEN#6932 GEORGE and LISA HAASE#6923 Page 3—Minutes Regular Meeting held March 3, 2016 Southold Town Zoning Board of Appeals LAZARUS ALEXANDROU#6927 MICHELLE ROUSSAN#6931 CHARLES FOSTER REEVE#6926 ANTHONY PAGOTO#6921 ISIDORE MILLER#6925 ELIGIO 0. LOPEZ (CV) and 200 SKUNK LANE, LLC#6912 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: 9:25 A.M. - ROBERT, JR. and NOREEN FISHER#6924 by Rob Herrmann, Agent and Noreen Fisher, owner. Request for Variances from Article IV Section 280-18 and Article III Section 280-15F and the Building Inspector's December 9, 2015 Notice of Disapproval based on an application for building permit for demolition of existing single family dwelling and construction of a new single family dwelling, at: 1) less than the code required front yard setback of 50 feet, 2) existing accessory in-ground swimming pool at less than the code required front yard setback of 50 feet on a water front property, located at; 2530 Vanston Road (aka Old Cove Road) (adj. to Cutchogue Harbor) Cutchogue, NY. SCTM#1000-111-5-3. 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. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:51 A.M. - ELIZABETH and GUS MANTIKAS #6928 by Mike Kimack, Agent and Timothy and Susan Milano, brother and sister. Request for Variances from Article XXIII Section 280-124 and the Building Inspector's December 18, 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 front yard setback of 35 feet, 2) more than the code maximum allowed lot coverage of 20%, located at: 1090 Circle Drive (corner Aquaview Avenue) East Marion, NY. SCTM#1000-21-3-11. 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. Vote of the Board: Ayes: All. This Resolution was duly adopted (5- 121 1012 A.M. - NEIL STRONSKI and PATRICIA PEREZ#6929 by Mike Kimack, Agent. Request for Variances from Article XXII Section 280-116A and Article XXIII Section 280-124 and the Building Inspector's December 22, 2015, Amended January 14, 2016 Notice of Disapproval based on an application for building permit to legalize 'as built' additions/alterations and accessory structures and construct additions/alterations to the existing 'as built' accessory structures, at; 1) the proposed and 'as built'. accessory construction is less than code required setback of 100 feet from the top of the bluff, 2) 'as built' deck addition is less than the code required setback of 100 feet from the top of Page 4—Minutes Regular Meeting held March 3, 2016 Southold Town Zoning Board of Appeals the bluff, 3) 'as built' deck addition located at less than the code required minimum side yard setback of 15 feet, located at: 7125 Nassau Point Road (adj. to Little Peconic Bay) Cutchogue, NY. SCTM#1000-111-15-11. 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 adjourn the hearing to May 5, 2016 at 9:30 a.m. subject to receipt of: explanation in writing why there are two electric meters; VE Zone shown on survey and Trustee and Cornell Expert comments. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). 10:38 A.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to take a short recess.Vote of the Board:Ayes:All. This Resolution was duly adopted(5-0). 10:46 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 out of the room. PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 10:46 A.M. - MARJORIE ADAMS #6930 by Mike Kimack, Agent. Request for Variances from Article III Section 280-15 and the Building Inspector's December 15, 2015 amended December 22, 2015 Notice of Disapproval based on an application for building permit to construct an accessory in-ground swimming pool and 'as built' accessory shed, at; 1) proposed in location other than the code required rear yard, located at: 2895 Eugene's Road Cutchogue, NY. SCTM#1000-97-3-20.1. 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. Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 10:56 A.M. - MARK COHEN#6932 by Joan Chambers, Agent. Request for a Variance from Article XXIII Section 280-124 and the Building Inspector's January 21, 2016 Notice of Disapproval based on an application for building permit to construct an addition attaching an existing accessory garage to existing single family dwelling, at; 1) less than the minimum code required side yard setback of 15 feet, located at: 820 Old Salt Road (adj. to James Creek) Mattituck, NY. SCTM#1000-144-5-15. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 11:03 A.M. - GEORGE and LISA HAASE #6923 by George and Lisa Haase, owners. Applicant requests a Special Exception modification under Section 280-13B(14). The Applicant is the owner requesting authorization to expand an Accessory Bed and Breakfast, accessory and incidental to the residential occupancy in this single-family Page 5—Minutes Regular Meeting held March 3, 2016 Southold Town Zoning Board of Appeals dwelling, add an additional (2) bedrooms for lodging and serving of breakfast to the B&B casual, transient roomers (Making the total five (5) bedrooms). Location of Property: 580 Skunk Lane Cutchogue, NY SCTM#1000-97-3-11.6. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board:Ayes:All. This Resolution was duly adopted(5-0). 11:06 A.M. - LAZARUS ALEXANDROU#6927 by David Chicanowitz, Agent. Request for Variance from Article XXII Code Section 280-116A(1) and the Building Inspector's January 25, 2016 Notice of Disapproval based on an application for building permit for accessory in-ground swimming pool, at; 1) less than the code required 100 foot setback from top of bluff, located at: 2700 Sound Drive (adj. to Long Island Sound), Greenport, NY. SCTM#1000-33-1-11. 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 adjourn the hearing to April 7, 2016 at 9:15 a.m. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:12 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). 11:23 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 Goehringer was out of the room. PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 11:23 A.M. - MICHELLE ROUSSAN #6931 by Tom Samuels, Agent. Request for Variances from Article III Section 280-15 and Article XXIII Section 280-124 and the Building Inspector's January 20, 2016 Notice of Disapproval based on an application for building permit to construct an accessory garage, at; 1) proposed in location other than the code required rear yard, 2) lot coverage proposed at more than the code maximum allowed of 20%, located at: 865 Second Street, New Suffolk, NY. SCTM#1000-117-8-10. 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). • RESOLUTIONS: A. Reminder Confirmation: Special Meeting Date for March 17, 2016 at 5:00 PM. Page 6—Minutes Regular Meeting held March 3, 2016 Southold Town Zoning Board of Appeals 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 April 7, 2016, 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 Schneider to approve minutes from Special Meeting held February 18, 2015.Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). WORK SESSION: C. Discussed future meetings,Agendas. 11:41 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). 11:50 A.M. Motion was offered by Member Horning, 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: 11:50 A.M. - CHARLES FOSTER REEVE #6926 by Bruce Anderson, Agent. 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: 626 Front Street Greenport, NY. SCTM#1000-48-1-2. 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 close the hearing reserving decision. Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 12:10 P.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to take a recess for lunch.Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 1:15 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 (5-0). Page 7—Minutes Regular Meeting held March 3, 2016 Southold Town Zoning Board of Appeals 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 A.M. - ELIGIO 0. LOPEZ (CV) and 200 SKUNK LANE, LLC #6912 by Robert Barrett, Agent. Applicant requests a Special Exception under Article III, Section 280- 13B(13). The Applicant is the Contract Vendee requesting authorization to establish an Accessory Apartment in an accessory structure, located at: 200 Skunk Lane Cutchogue, NY. SCTM#1000-97-3-6.1. 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. Vote of the Board:Ayes: All. This Resolution was duly adopted(5-0). 1:42 P.M. - ANTHONY PAGOTO #6921 by Anthony Pagoto, owner. Request for Variance from Article III Section 280-15 and the Building Inspector's November 19, 2015 Notice of Disapproval based on an application for building permit to construct an accessory garage, at; 1) proposed in location other than the code required rear yard, located at: 765 Bayberry Lane (corner bridge Lane) Cutchogue, NY. SCTM#1000-111- 15-1.6. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board:Ayes:All. This Resolution was duly adopted(5-0). 2:00 P.M. - ISIDORE MILLER#6925 by Isidore, Miller, Owner. Request for Variance from Article III Section 280-15 and the Building Inspector's November 13, 2015 Notice of Disapproval based on an application for building permit to construct accessory in- ground swimming pool, at; 1) proposed in location other than the code required rear yard, located at: 1820 Kenney's Road Southold, NY. SCTM#1000-59-3-16.2. 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 close the hearing reserving decision. Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 2:15 P.M. Member Horning left. 2:20 P.M. - ANTHONY and LISA SANNINO #6882 by Anthony Sannino, owner; Patricia Moore, Agent and Frances Slezak, neighbor, against. (Re-opened by Board Resolution) 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.) 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. Page 8—Minutes Regular Meeting held March 3, 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 2:32 P.M. Respectfully bmitted, Vicki Toth 3 i(7 /2016 Included by Reference: Filed ZBA Decisions (2) c kt,./ RECEIV D c r' Leslie Kanes Weisman, Chairperson _/„�,r/2016 Approved for Filing Resolution Adopted r MAR 1 2016 U. S thold Town Clerk 041