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HomeMy WebLinkAboutZBA-04/07/2016 BOARD MEMBERS ��i�''®F $®u�, Southold Town Hall Leslie Kanes Weisman,Chairperson �o' �� 6® 53095 Main Road•P.O.Box 1179 ,�' �® l® Southold;NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer ` G ,� Town Annex/First Floor,Capital One Bank George Horning �®% .\ ,I 54375 Main Road(at Youngs Avenue) Kenneth Schneider : Carl; "oSouthold,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, APRIL 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 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 (left 9:05 a.m.) - William Duffy, Town Attorney Vicki Toth, ZBA Secretary 8:35 A.M. Chairperson Weisman called the public hearings to order. 8:35 a.m. Motion was offered by Chairperson Weisman, seconded by Member Horning 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. 9:03 a.m. Motion was offered by Chairperson Weisman, seconded by Goehringer to exit Executive Session.Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). WORK SESSION: A. Requests from Board Members for future agenda items B. Accessory structures in a side yard, general discussion C. De minimus request, Fl Moss#6846. Page 2—Minutes Regular Meeting held April 7, 2016 Southold Town Zoning Board of Appeals 9:26 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): BREEZY SHORES COMMUNITY, INC. (JASON SCHMIDT) -#6934 SUSAN and DOUGLAS LOOZE#6940 DANIEL F. HIGGINS#6933 JOSEPH and CATHERINE MANNO#6938 ROBERT NORTON#6943 JONATHAN TIBBET#6937 KEITH and LYNETTE KANE#6942 RALPH and JOAN VIVINETTO#6939 • RONALD and PATRICIA McGRATH#6935 Vote of the Board: All. This resolution was duly adopted (5-0). B. BOARD RESOLUTION:Motion was offered by Chairperson Weisman, seconded by Member Schneider, as follows: For the purposes of SEQRA, the following applications are being processed as part of a coordinated review, where the Planning Board has been designated lead agency. Once the SEQRA review is completed, the ZBA as an involved agency shall examine same and incorporate it into our deliberation on these applications. Therefore the following applications will necessarily be adjourned after today's hearing in order to receive the SEQRA determination; NORTH FORK UNITED METHODIST CHURCH (CV) (RMB REALTY, LLC)#6936 ALFRED J. TERP, JR.#6941 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: 9:28 A.M. - LAZARUS ALEXANDROU #6927 by Dave Chicanowiz, Agent. (Adj. from 3/3/16PH) 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 Page 3—Minutes Regular Meeting held April 7, 2016 Southold Town Zoning Board of Appeals 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 Goehringer, to adjourn the hearing to April 21, 2016 subject to receipt of revised survey showing pool in side yard stamped by professional.Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 9:41 A.M. - LISA GILLOOLY #6922 by Lisa Gillooly, owner; Carolyn MacLauglin, neighbor; Mr. Reiger, neighbor both against. (Adj. from 2/4/16PH) 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 1 Disapproval, last amended March 4, 2016 based on an application for building permit to construct an accessory garage and "as built" fence, at; 1) Accessory garage proposed at less than the code required front yard setback of 40 feet from both streets, 2) Lot coverage at more than the code maximum allowed of 20%, 3) "as built" and proposed fences at more than the code maximum height allowed in a front yard of 4 feet on both streets, 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 Goehringer, to adjourn the hearing to April 21, 2016 subject to receipt of correct lot coverage and correct fence height.Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 10:34 A.M. - BREEZY SHORES COMMUNITY, INC. (JASON SCHMIDT) - #6934 by Frank Uellendahl, agent. Request for Variances from Article XXIII Code Section 280- 123 and the Building Inspector's February 3, 2016 Notice of Disapproval based on an application for building permit to construct additions and alterations to an existing seasonal cottage at; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use, located at: #8 Breezy Shores Community, Inc., 65490 Main Road (aka State Route 25) aka Sage Blvd. (adj. to Shelter Island Sound) Greenport, NY. SCTM#1000-53-5-12.6. 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). 10:41 A.M. - SUSAN and DOUGLAS LOOZE#6940 by Susan Looze, 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: 1100 Youngs Avenue (aka Railroad Avenue) Southold, NY. SCTM#1000-60-2-7.1. 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 (5-0). Page 4—Minutes Regular Meeting held April 7, 2016 Southold Town Zoning Board of Appeals 10:44 A.M. - NORTH FORK UNITED METHODIST CHURCH (CV) (RMB REALTY, LLC) #6936 by William Moore, Agent. Request for Special Exception per Code Section 280-48B1, the applicant is requesting permission to construct and operate a house of worship and religious instruction, located at: 43960 County Route 48 (aka North Road) corner Horton Lane Southold, NY. SCTM#1000-63-1-15. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Schneider, to adjourn the hearing without a date subject to SEQR.Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). COURT ARRAIGNMENT 10:56 a.m. BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to recess for Court Arraignment. Vote of the Board: Ayes:All. This Resolution was duly adopted (5-0). 11:29 a.m. BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Schneider, to reconvene public hearings following Court Arraignment.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: 11:29 A.M. - DANIEL F. HIGGINS #6933 by Charles Southard, Agent. Request for Variance from Article XXIII Section 280-124 and the Building Inspector's January 27, 2016 Notice of Disapproval based on an application for building permit to construct a deck addition to existing single family dwelling, at; 1) less than the code required rear yard setback of 35 feet, located at: 1745 East Gillette Drive (Cedar Lane not open) East Marion, NY. SCTM#1000-38-4-25. 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). 11:36 A.M. - JOSEPH and CATHERINE MANNO #6938 by Joseph and Catherine Manno, owners. Request for Variances from Article III Section 280-15B&F and the Building Inspector's February 12, 2016 Notice of Disapproval based on an application for building permit for accessory garage and accessory in-ground swimming pool, at; 1) proposed accessories in location other than the code required rear yard or front yard on waterfront property, 2) accessory garage at more than the maximum code allowable height of 22 feet, located at: 325 Wells Road (adj. to Richmond Creek) Peconic, NY. SCTM#1000-75-6-3.2. 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 subject to amended garage plan for conforming height. Vote of the Board:Ayes:All. This Resolution was duly adopted(5-0). 11:46 A.M. - ROBERT NORTON #6943 by Joan Chambers, Agent. Request for Variance from Article XXIII Section 280-124 and the Building Inspector's January 26, Page 5—Minutes Regular Meeting held April 7, 2016 Southold Town Zoning Board of Appeals 2016 Notice of Disapproval based on an application for building permit for 'as built' deck addition to existing single family dwelling, at; 1) less than the code required rear yard setback of 35 feet, located at: 2120 Gillette Drive East Marion, NY. SCTM#1000- 38-2-22. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Schneider, to close the hearing reserving decision.Vote of the Board:Ayes:All. This Resolution was duly adopted(5-0). 11:49 A.M. - JONATHAN TIBBET #6937 by Patricia Moore, Agent. Request for Variances from Article III Section 280-15F and Article XXIII Section 280-124 and the Building Inspector's January 27, 2016 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 required rear yard or front yard on waterfront property, 2) more than the maximum code allowable lot coverage of 20%, located at: 185 Willow Point Road (adj. to dug canal) Southold, NY. SCTM#1000-56-5-25. 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). 11:57 A.M. - KEITH and LYNETTE KANE#6942 by Mike Kimack, Agent. Request for Variances from Article XXIII Section 280-124 and Article III Section 280-15 and the Building Inspector's February 17, 2016 Notice of Disapproval based on an application for building permit to construct screened porch addition to existing single family dwelling, at; 1) less than the code required side yard setback of 15 feet, 2) following proposed construction existing accessory garage will be located in other than the code required rear yard, located at: 335 Village Lane Orient, NY. SCTM#1000-25-2-4.13. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 12:02 P.M. - RALPH and JOAN VIVINETTO #6939 by Ralph and Joan Vivinetto, owners. Request for Variances from Article XXIII Section 280-124 and the Building Inspector's February 22, 2016 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 minimum side yard setback of 15 feet, 2) less than the code required combined side yard of 35 feet, located at: 2595 Wells Avenue (adj. to Jockey Creek) Southold, NY. SCTM#1000-70-4-17. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board:Ayes:All. This Resolution was duly adopted(5-0). 12:12 P.M. - FRANK J. and ELIZABETH G. KELLY #6898 by Dan Ross, Agent; Kathleen Knapp, neighbor, against; Marylou Palmer, neighbor, against with concerns. (Adjourned from 2/4/16PH) 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 • Page 6—Minutes Regular Meeting held April 7, 2016 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(5-0). 12:26 P.M. Motion was offered by Chairperson Weisman, seconded by Member Schneider, to take a recess for lunch.Vote of the Board:Ayes:All. This Resolution was duly adopted(5-0). 1:20 P.M. Motion was offered by Chairperson Weisman, seconded by Member Schneider, to reconvene.Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). RESOLUTIONS A. Reminder Confirmation: Special Meeting Date for April 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 May 5, 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 Goehringer to approve minutes from Special Meeting held March 17, 2015. Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). WORK SESSION D. Accessory apartment in residence for affordable house—future work session. PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 1:33 P.M. - RONALD and PATRICIA McGRATH #6935 by Walter Hyde III, Agent. Request for Variances from 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 covered porch addition and legalize "as built" deck addition to existing single family dwelling, at; 1) less than the code required front yard setback of 35 feet, 2) more than the code maximum allowable lot coverage of 20%, located at: 1330 Sigsbee Road Laurel, NY. SCTM#1000-144-1-5.2. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Schneider, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:44 P.M. - RONALD and PATRICIA McGRATH #6935 - REOPENED 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 reopen the public hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). RONALD and PATRICIA McGRATH #6935 - REOPENED BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After Page 7—Minutes Regular Meeting held April 7, 2016 Southold Town Zoning Board of Appeals receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Schneider, to close the hearing reserving decision subject to receipt of front yard setbacks along Sigsbee Road. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). . 1:45 P.M. - ALFRED J. TERP, JR. #6941 by Patricia Moore, Agent; Mr. Pinzinno, Attorney for Mr. Terp; Gail Toman, Cutchogue resident; Michael Burke, Mattituck; Ginger Mahoney; Bob Kuen, neighbor; Linda Auriemman, New Suffolk; Paula Hepner, Barbara Schnitzler, New Suffolk resident; Michael Simon, New Suffolk all against. Request for Variance from Article X Section 280-46 and the Building Inspector's January 11, 2016 Notice of Disapproval based on an application for building permit to construct a 5,573 sq. ft. retail building, at; 1) less than the code required front yard setback of 15 feet, located at: 28195 Main Road (aka State Route 25) (corner Griffing Street) Cutchogue, NY. SCTM#1000-102-5-4,3,9.6. 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 adjourn the hearing without a date subject to SEQR. Vote of the Board: Ayes:All. This Resolution was duly adopted (4-0). Member Horning was absent. 2:15 P.M. Member Horning left. There being no other business properly corning before the Board at this time, the Chairperson declared the meeting adjourned. The meeting was adjourned at 2:52 P.M. Respectfully submitted, \CC,C)6( 9-6 Y--L_J Vicki Toth ! /a14/2016 Included by Reference: iled ZBA Decisions (0) RE EtVED Leslie Kan s Weisman, Chairperson �4/2016 4 / .I I. v� I Approved for Filing Resolution Adopte AP" 2 5 2016 e S thold Town Clerk