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Home My WebLink AboutZBA-07/07/2016 BOARD MEMBERS ,i�' ®t SOUS = Southold Town Hall Leslie Kanes Weisman,Chairperson dgo��- 450 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes * Office Location: Gerard P.Goehringer k` G ��` Town Annex/First Floor,Capital One Bank George Horning \ 01�1' ATI a®�� 54375 Main Road(at Youngs Avenue) Kenneth Schneider CQUf ,� �,�i Southold,NY 11971 ... .iii http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax (631)765-9064 MINUTES REGULAR MEETING THURSDAY, JULY 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 July 7, 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 William Duffy, Town Attorney Kim Fuentes, ZBA Secretary 8:38 A.M. Chairperson Weisman called the public hearings to order. RESOLUTIONS A. RESOLUTION ADOPTED:Motion was offered by Chairperson Weisman, seconded by Member Goehringer to rescind the written request to withdraw the application of Joseph &Maureen Coogan ZBA#6963 per letter dated June 26, 2016, from Fred Weber,Agent and reschedule the Public Hearing to September 1, 2016.Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). B. Reminder Confirmation: Special Meeting Date for July 21, 2016 at 6:00 PM. C. RESOLUTION ADOPTED: Motion was offered Chairperson Weisman, seconded by Member Goehringer to set the next Regular Meeting with Public Hearings to be held August 4, 2016 at 8:30 AM. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). D. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Goehringer to approve Minutes from Special Meeting held June 16, 2016. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 2—Minutes Regular Meeting held July 7, 2016 Southold Town Zoning Board of Appeals 1 ' - 8:50 a.m. Motion was offered by Member Goehringer, seconded by Member Dantes 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. - 9:17 a.m. Motion was offered by Chairperson Weisman, seconded by Member Dantes to exit Executive Session.Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). 9:18 A.M. Chairperson Weisman opened the hearings with the Pledge of Allegiance. POSSIBLE BOARD RESOLUTION TO CLOSE THE FOLLOWING HEARING: RAYMOND RAIMONDI#6957—Request for Variances from Article III Section 280-15 and the Building Inspector's February 23, 2016 Notice of Disapproval based on an application for building permit to demolish existing dwelling and construct new single family dwelling, at; 1) proposed construction places existing accessory garage in location other than the code required rear yard, 2) 'as built' accessory shed at less than the code required side yard setback of 20 feet; located at: 1150 Mason Drive (adj. to Haywaters Cove) Cutchogue, NY. SCTM#1000-104- 7-6. 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(4-0). Member Schneider recused himself. 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: APPROVED IN PART/DENY IN PART RAYMOND RAIMONDI#6957 Vote of the Board:Ayes:All. This Resolution was duly adopted(4-0). Member Schneider _ recused himself. 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 AND LORI KEARNS#6962 RUSSELL H. BATES #6964 Page 3—Minutes Regular Meeting held July 7, 2016 Southold Town Zoning Board of Appeals BILL LIVANOS#6965 GABRIEL AND KATHERINE ACRI#6966 ROBERT AND BETH ELLIOTT#6967 WICKHAM ROAD, LLC#6968 ROBERT AND CHRISTINE HEMPEL#6969 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: 9:30 A.M. RUSSELL H. BATES #6964 by Chris Mauceri, Agent. Request for Variances from Article XXIII Section 280-124 and Article III Section 280-15 and the Building Inspector's April 18, 2016 Notice of Disapproval based on an application for building permit to construct an accessory storage shed, at; 1) more than the code permitted maximum lot coverage of 20%, 2) accessory storage shed proposed in other than the code required rear yard, located at: 15 Mill Road, (adj. Mattituck Creek) Mattituck, NY SCTM#1000-106-4-2. 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 July 21, 2016 subject to receipt of recalculation of lot coverage. Vote of the Board:Ayes:All. This Resolution was duly adopted(5-0). 9:44 A.M. JAMES O'HAGEN #6956 (ADJOURNED FROM MAY 19, 2016) by Pat Moore, Agent and Renee Murray, owner; David Leno, Attorney; Robert Kuehm, neighbor opposed. 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 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 Schneider, to adjourn the hearing to July 21, 2016 in order to give opposition time to reply. Vote of the Board: Ayes:All. This Resolution was duly adopted (5-0). 10:34 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). 10:44 A.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 4—Minutes Regular Meeting held July 7, 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: 10:44 A.M. WICKHAM ROAD, LLC #6968 by Mark Stufano, owner and Susan McKenzie, NFEC, opposition. Request for Variance from Article X, Section 280-45A & C (2) and the Building Inspector's March 22, 2016 Notice of Disapproval based on an application for building permit to maintain an apartment, 1) existing apartment without a principal use building, located at: 12800 Route 25, (NYS Route 25) Mattituck, NY SCTM # 1000-114-11-15. 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. BILL LIVANOS #6965 by Charles Thomas, Architect. Request for Variances from Article III Section 280-15 and the Building Inspector's February 23, 2016 Amended March 24, 2016 Notice of Disapproval based on an application for building permit to demolish existing dwelling and construct a new single family dwelling and a new accessory in-ground swimming pool, at; 1) proposed accessory in- ground swimming pool in location other than the code required rear yard or front yard on waterfront property, 2) proposed dwelling results in existing accessory shed in location other than rear yard or front yard on water front properties, located at 1795 Central Drive (Summit Drive), Mattituck, NY SCTM # 1000-106-1-30.2. 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). 11:12 A.M. ROBERT AND CHRISTINE HEMPEL#6969 by Robert Brown, Architect. Request for Variances from Article XII Section 280-116A(1) and Article XXIII Section 280-124, and the Building Inspector's May 11, 2016 Notice of Disapproval based on an application for a building permit to construct a new roof over an 'as-built' front porch and new screened enclosures over existing rear deck attached to an existing single family dwelling, at; 1) the proposed deck enclosure, 'as built' front porch with proposed roof is less than code required setback of 100 feet from the top of the bluff, 1) less than the code required minimum side yard setback of 10 feet, 2) less than the code required total side yard setback of 25 feet, located at 160 Lakeview Terrace, E. Marion SCTM #1000-31.-9-17. 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). 11:20 A.M. NEIL AND LORI KEARNS#6962 by Robert Brown, Architect. Request for Variances from Article XXIII Section 280-124 and the Building Inspector's April 5, 2016 Notice of Disapproval based on an application for building permit for additions and alterations to an existing single family dwelling, at; 1) less than the code required minimum side yard setback of 20 feet, 2) less than the code required total side yard setback of 40 feet, located at: 18075 Soundview Avenue, (adj. to Long Island Sound) Southold, NY. SCTM#1000-51-1-8. 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 Page 5—Minutes Regular Meeting held July 7, 2016 Southold Town Zoning Board of Appeals hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:26 A.M. GABRIEL AND KATHERINE ACRI #6966 by Meryl Kramer, Agent and Gabriel Acri, owner. Request for Variance from Article XXIII Section 280-124 and the Building Inspector's April 27, 2016 Notice of Disapproval based on an application for building permit for additions and alterations to an existing single family dwelling, at; 1) less than the code required minimum side yard setback of 10 feet, located at: 205 Knapp Place, (aka 326 Knapp Place) Greenport, NY SCTM# 1000-34-2-18.1. 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). 11:34 A.M. ROBERT AND BETH ELLIOTT #6967 by Doug McGann, Agent; Patricia Elliott, owner and Isabel Wacker, opposed. Request for Variance from Article XXII Section 280-116A (1) and the Building Inspector's March 17, 2016 Notice of Disapproval based on an application for building permit to construct an addition to an existing single family dwelling at; 1) proposed addition is less than the code required setback of 100 feet from the top of the bluff, 2) proposed addition exceeding 1,150 sq. ft. total building area as stated in condition no. 1 of the prior ZBA decision No. 5555, dated October 7, 2004, located at: 275 West Road, (adj. to Cutchogue Harbor) Cutchogue, NY SCTM # 1000-110-7-11.1. 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 adjourn the hearing to July 21, 2016 subject to receipt of revised plans addressing scope of cottage alterations. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 12:05 P.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer to recess for lunch.Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:00 P.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 (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: 1:00 P.M.ANTHONY AND LISA SANNINO#6882 by Patricia Moore, Attorney; Lithia Ford, Trustee of Church, opposed;Anthony, Sannino, owner; Gail Wickham, in support and Francis Slezak, opposed. (Reopened on 5/5/2016 by unanimous 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 Page 6—Minutes Regular Meeting held July 7, 2016 Southold Town Zoning Board of Appeals 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). 1:37 P.M. FRANK J. and ELIZABETH G. KELLY#6946 (ADJOURNED FROM APRIL 21, 2016) by Dan Ross, Attorney; Jerry Morrissey, Kathleen Knapp and Jim Carey, all in opposition. This is a request under Section 280-146D for a Reversal of the restriction on the length of watercraft permitted at the marina as listed in the Pre-CO #38052 issued 1/14/2016, property 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 Goehringer, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 2:15 P.M.—Member Horning left. *** There being no other business properly coming before the Board at this time, the Chairperson declared the meeting adjourned. The meeting was adjourned at 2:19 P.M. Respec fully sub it d, s Kim Fuentes 7 /au/2016 Included by Reference: Filed ZBA Decisions (1) • _ /,i 1&614_4: RCEIVEr Leslie Kanes Weisman, Chairpersono/ /2016 Approved for Filing Resolution Adopt d JUL 2 2 2016 mill.S thold Town Cler