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Home My WebLink AboutZBA-05/05/2016 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson V._SUU��i 53095 Main Road•P.O.Box 1179 �O lQ Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Homing '�c� • �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider �yc®UNT`� Southold,NY 11971 9 http://southoldtown.northfork.net - ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809 •Fax(631)765-9064 MINUTES REGULAR MEETING THURSDAY, MAY 5, 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 May 5, 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 (8:30 a.m. - 9:05 a.m.) William Duffy, Town Attorney (8:30 a.m.—1:29 p.m.) Vincent Messina,Attorney Town of Southold (12 noon—3:09 p.m.) Vicki Toth,ABA 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. 9:11 a.m. 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). WORK SESSION: A. Requests from Board Members for future agenda items B. Request to reopen the hearing on ZBA#6882—Sannino. Page 2—Minutes Regular Meeting held May 5, 2016 Southold Town Zoning Board of Appeals RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Goehringer to reopen ZBA#6882 Anthony Sannino and set for Public Hearing on July 7, 2016 at 1:00 p.m.Vote of the Board: Ayes: All. This Resolution was duly adopted-(4-0). Member Schneider recused himself. C. Discuss possible comments for Land Use Chapter—to be added to Special Meeting agenda. D. FEMMA Training. E. Accessories in side yard. 9:20 A.M. Chairperson Weisman opened the hearings with the Pledge of Allegiance. POSSIBLE BOARD RESOLUTION TO CLOSE THE FOLLOWING HEARING: LISA GILLOOLY#6922 — (Add. from 4/21/16PH) 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 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) (add. 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 Dantes, to close the hearing reserving decision. Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 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): NEIL STRONSKI and PATRICIA PEREZ#6929 SOUTHOLD SUNSETS, LLC#6951 CHRISTOPHER P. WRIGHT#6948 ROBERT and FLORENCE TAYLOR#6944 JAMES O'HAGEN#6945 MARY ANN FLEISCHMAN#6950 GERARD and TRISHA POOLE#6949 HARRY and IRENE PHILIPPOU#6947 LAURIE BLOOM#6954 LISA CRADIT#6953 Vote of the Board: All. This resolution was duly adopted (5-0). Page 3—Minutes Regular Meeting held May 5, 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: 9:31 A.M. - NEIL STRONSKI and PATRICIA PEREZ #6929 by Mike Kimack, Agent - (Adj. from 3/3/2016 PH) 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 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 (add. 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 Schneider, to close the hearing reserving decision.Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 9:59 A.M. - SOUTHOLD SUNSETS, LLC #6951 by Mike Kimack, Agent; William Goggins, Agent for neighbors against; Dominic Vellia, neighbor, against. Request for Variances from Article XXIII Section 280-124 and the Building Inspector's March 28, 2016 Notice of Disapproval based on an application for building permit to demolish existing single family dwelling and construct new single family dwelling, at; 1) less than the code required minimum front yard setback of 40 feet, 2) less than the code required minimum side yard setback of 15 feet, located at: 4200 Kenney's Road (adj. to Long Island Sound) Southold, NY. SCTM#1000-54-4-3. COURT ARRAIGNMENT 10:17 A.M. RECESS FOR COURT ARRAIGNMENT—BOARD RESOLUTION: Motion was made 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 . 10:38 A.M. RECONVENE PUBLIC HEARINGS—BOARD RESOLUTION:Motion was made 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). Member PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: SOUTHOLD SUNSETS, LLC #6951 - CONTINUED Request for Variances from Article XXIII Section 280-124 and the Building Inspector's March 28, 2016 Notice of Disapproval based on an application for building permit to demolish existing single family dwelling and construct new single family dwelling, at; 1) less than the code required minimum front yard setback of 40 feet, 2) less than the code required Page 4—Minutes Regular Meeting held May 5, 2016 Southold Town Zoning Board of Appeals minimum side yard setback of 15 feet, located at: 4200 Kenney's Road (adj. to Long Island Sound) Southold, NY. SCTM#1000-54-4-3. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to adjourn the hearing to August 4, 2016 at 9:30 a.m. Vote of the Board: Ayes:All. This Resolution was duly adopted (5-0). 10:59 A.M. - CHRISTOPHER P. WRIGHT #6948 by Mike Kimack, Agent. Request for Variance 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 additions and alterations (dormers) to an existing single family dwelling, at; 1) less than the code required front yard setback of 35 feet, located at: 2775 Bray Avenue Laurel, NY. SCTM#1000-126-9-13.4. 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 (5-0). 11:03 A.M. -ROBERT and FLORENCE TAYLOR #6944 by Bruce Anderson, Agent and Robert Taylor, owner. Request for Variances from Article XXIII Section 280-124 and the Building Inspector's February 11, 2016 Notice of Disapproval based on an application for building permit to demolish existing dwelling with deck and construct new single family dwelling with deck additions, at; 1) less than the code required minimum side yard setback of 10 feet, 2) less than the code required combined side yard of 25 feet, located at: 1010 Dean Drive (adj. to Peconic Bay), Cutchogue, NY. SCTM#1000-116-5-11. 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- 11:24 A.M. -JAMES O'HAGEN#6945 by Rene Murray, owner; David Leno, Attorney for opposing neighbors; Dimitra Kougentakis; Sharon Kuehn and Rosalie Lafouci, neighbors against. Apphcant 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 four (4) bedrooms for lodging and serving of breakfast to the B&B casual, transient roomers. Location of Property: 1125 Windward Road Orient, NY. SCTM#1000-14-2-30.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Dantes, to adjourn the hearing to May 19, 2016 for additional information. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 12:03 P.M. - MARY ANN FLEISCHMAN #6950 by Mary Ann Fleischman, owner and Gerard Shulties, neighbor against. 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 Page 5—Minutes Regular Meeting held May 5, 2016 Southold Town Zoning Board of Appeals of breakfast to the B&B casual, transient roomers. Located at: 560 Holden Avenue Cutchogue, NY. SCTM#1000-110-5-21.2. 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 adjourn the hearing to May 19, 2016. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0). EXECUTIVE SESSION 12:35 P.M. Motion was offered by Chairperson Weisman, seconded by Member Schneider to enter Executive Session for Attorney/Client advice.Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0)_ 1:08 P.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 out of the room. 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). 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 P.M. - GERARD and TRISHA POOLE #6949 by Jerry Poole, owner. Request for Variance from Article XXIII Section 280-124 and the Building Inspector's February 17, 2016 Notice of Disapproval based on an application for building permit to construct an addition to existing single family dwelling, at; 1) less than the code required front yard setback of 40 feet, located at: 3493 Ole Jule Lane Mattituck, NY. SCTM#1000- 122-5-22.1. 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). 1:20 P.M. - HARRY and IRENE PHILIPPOU #6947 by Patricia Moore, Agent. Request for Variance under Article IV Section 280-18 and the Building Inspector's March 2, 2016 Notice of Disapproval based on an application for building permit for a lot line change, at: less than the code required minimum lot size of 40,000 sq. ft., located at: 2300 & 2200 Rocky Point Road East Marion, NY. SCTM9s1000-31-2-7&6.2. 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). 1:29 P.M. -LAURIE BLOOM#6954 Vincent Messina,Attorney for Town of Southold; Salem Katsh, Agent for owner. This is a request under Article XXVI Section 280-146D requesting an INTERPRETATION of Town Code, Article XXIII, Section 280-121 (non- Page 6—Minutes Regular Meeting held May 5, 2016 Southold Town Zoning Board of Appeals conforming uses) in relation to Transient rental properties, located at: 1690 Paradise Shore Road Southold, NY. SCTM#1000-80-1-18.Violation rescinded.Application Moot. 1:31 P.M. - LISA CRADIT #6953 by Salem Katsh, Agent for owner; Lisa Cradit, owner;William Duffy, Town of Southold Code Enforcement;Vincent Messina,Attorney for Town of Southold; Eileen Powers; Lori Hollendar; Grace Griffin; Roger Herman; Raymond Rodriquez; Victor Brown; Nancy Muller; Theresa Taylor; Adrienne Greenberg; Ted Hoyle; Sherri Thirlby; M. Scott Vayer; Gary Navarra, all against; Patricia Moore and Abigail Field for grand fathering. This is a request under Article XXVI Section 280-146D requesting an INTERPRETATION of Town Code, Article XXIII, Section 280-121 (non-conforming uses) in relation to Transient rental properties, located at: 560 Sound Road Greenport, NY. SCTM#1000-35-1-14. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board:Ayes:All. This Resolution was duly adopted 5-0Z 2:15 P.M.Member Horning left. RESOLUTIONS A. Reminder Confirmation: Special Meeting Date for May 19, 2016 at 6:00 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 June 2, 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 April 21, 2015. 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 3:16 P.M. Respectfully sub"ted, �� c�� .4 Vicki Toth /I+ 2016 Included by Reference: Filed ZBA Decisions (0) C7 RECE V D Leslie Kanes Weisman, Chairperson �'�1a /2016 MAY 2 2016 Approved for Filing Resolution Adopted / 0. Ma uthold Town Clerk 4f