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Home My WebLink AboutZBA-08/04/2016 BOARD MEMBERS 0� S�U�, Southold Town Hall Leslie Kanes Weisman,Chairperson �� yQ�O 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes #i[ � Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning �'O � ao 54375 Main Road(at Youngs Avenue) Kenneth Schneider lyCo�� 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, AUGUST 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 August 4, 2016 commencing at 8�30 A.M. Present were: Leslie Kanes Weisman, Chairperson/Member George Horning, Member Ken Schneider, Member Eric Dantes, Member William Duffy, Town Attorney Kim Fuentes, ZBA Secretary Absent� Gerard P. Goehringer, Member 8�36 A.M. Chairperson Weisman called the public hearings to order. WORK SESSION: A. Requests from Board Members for future agenda items. B. Start time for Special Meetings in 2017. C. Land Use Chapter. D. Southold Sunset—Trustees Decision. E. .A published article written by Vincent Messina, Esq in the New York Zoning Law ' and Practice Report relating to Nonconforming Uses. 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: Tvpe II Actions (No further steps- setback/dimensionaUlot waiver/accessory , apartment/bed and breakfast requests)� Page 2—Minutes Regular Meeting held August 4, 2016 Southold Town Zoning Board of Appeals JAMES COX #6970 FRANK&DEIVISE DELLAQUILA #6971 JOHN CASTIGLIONE #6972 DOUG GEROWSKI #6973 WILLIAM FROEHLICH #6974 C &L REALTY INC. #6975 JOSEPH SBAR,RA #6977 Vote of the Board� All. This resolution was dulv adopted (4-0). Member Goehringer was absent. 9�15 A.M. Chairperson Weisman opened the hearings with the Pledge of Allegiance. PUBLIC HEARINGS� The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published� 9�16 A.M. JAMES COX #6970 by James Cox, applicant; Robin Lyons, wife and Marianne Gamble, in support. Request for Variance from Article XXII Section 280- 105C(3) and the Building Inspector's March 17, 2016 Notice of Disapproval based on an application for building permit for `as built' fence, at; 1) more than the code required maximum four (4) feet in height when located in the front yard, located at� 50 Old Main Road, Laurel, NY. SCTM#1000-126-2-1. BOAR,D 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� Aves� All. This Resolution was dulv adopted �4-0). Member Goehringer was absent. 9:32 A.M. FRANK AND DENISE DELLAQ.UILA#6971 by Patricia Moore, Agent and Frank Dellaquila, owner. Request for Variances from Article III, Section 280-15 and the Bu�lding Inspector's May 2, 2016 Notice of Disapproval based on an application for building permit for two `as built' sheds, at; 1) accessory frame shed in other than the code required rear yard, 2) accessory frame shed is less than the code required setback of 25 feet from the rear property line, located at� 4725 New Suffolk Avenue, Mattituck, NY. SCTM#1000-115-4-8.4. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Horning, to close the hearin� reserving decision pendin� receipt of letter and/or affidavit from neighbor regarding a�reement on fence location.. Vote of the Board� Aves� All. This Resolution was duly adopted (3-0). Member Goehringer was absent. Member Schneider recused himself. 10�00 A.M. JOHN CASTIGLIONE #6972 by John Castiglione, owner. Request for Variances from Article XXIII Section 280-124 and the Building Inspector's March 8, 2016, amended June 2, 2016 Notice of Disapproval based on an application for building permit to construct a front yard wood deck addition to a single family dwelling, at; 1) less than the code required minimum front yard setback of 35 feet, 2) more than the code permitted maximum lot coverage of 20%, located at� 3010 Kenney's Road (adj. to Great Pond, Leetons Lake) Southold, NY. SCTM#1000-59-2-4. BOAR,D RESOLUTION� (Please see transcript of written statements prepared under separate cover.) After Page 3—Minutes Regular Meeting held August 4, 2016 Southold Town Zoning Board of Appeals receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Dantes, to close the hearin� reserving decision. Vote of the Board� Ayes� All. This Resolution was duly adopted(4-0). Member Goehringer was absent. 10�07 A.M. Motion was offered by Chairperson Weisman, seconded by Member Schneider, to take a short recess.Vote of the Board� Aves� All. This Resolution was dulv adopted(4-0). Member Goehringer was abserit. 10�16 A.M. Motion was offered by Chairperson Weisman, seconded by Member Schneider to , reconvene the Public Hearings. Vote of the Board� Aves� All. This Resolution was dulv 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�16 A.M. DOUG GEROWSKI #6973 by Pat Moore, Agent and Doug Gerowski, owner. Request for Variance(s) from Article XXIII, Section 280-124 and the Building Inspector's May 19, 2016, amended June 13, 2016 Notice of Disapproval based on an application for building permit to construct additions and alterations to an existing single family dwelling, at; 1) more than the code permitted maximum lot coverage of 20%, located at� 2570 Clearview Avenue, (adj. to Goose Creek) Southold, NY. SCTM#1000-70-10-29.2. BOAR,D 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 ad7ourn the hearing to Oct. 6. 2016 at 9�15 a.m. subiect to receipt of comments from the Trustees; section drawing; and updated survey showing a 50 ft. non disturbance wetlands line. Vote of the Board� Ayes� All. This Resolution was dulv adopted (4-0). Member Goehringer was absent. 10�50 A.M. WILLIAM FROEHLICH #6974 by Eileen Santora, Agent� Dana Palmeri; Michelle Vento and Mary Hoeltzel all in opposition. Request for Variances from Article III, Section 280-15C, D & F and the Building Inspector's April 21, 2016, amended June 13, 2016 Notice of Disapproval based on an application for buildmg � permit to construct an accessory garage, at; 1) proposed accessory garage located in the front yard on a water front property at less than the code required side yard setback of 20 feet, 2) exceeding the maximum permitted 750 square feet in total size, 3) proposed dormers to be installed on accessory garage exceeding 40% of the roof width, located at� 6130 Peconic Bay Boulevard, (adj. to Great Peconic Bay) Laurel, NY. SCTM#1000-128- 2-6. BOAR,D 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 additional information (original notice of disapproval). Vote of the Board� Aves� All. This Resolution was duly adopted (4-0). Member Goehringer was absent. Page 4—Minutes Regular Meeting held August 4, 2016 Southold Town Zoning Board of Appeals 11�32 A.M. Motion was offered by Chairperson Weisman, seconded by Member Schneider, to take a short recess.Vote of the Board� Aves� All. This Resolution was dulv adopted�4-0). Member Goehringer was absent. 11�39 A.M. Motion was offered by Chairperson Weisman, seconded by Member Schneider to reconvene the Public Hearings. Vote of the Board� Aves� All. This Resolution was dulv 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� 11:39 A.M. C & L REALTY. INC., #6975 by Katie Sepnoski, applicant. Request for Variance(s) from Article XIII, Section 280-56 and the Building Inspector's June 8, 2016 Notice of Disapproval based on an application for A building permit to demolish and rebuild a portion of an existing storage building, at; 1) less than the code required minimum side yard setback of 25 feet, located at� 61600 NYS Route 25, Main Road, (Adj. to Budd's Pond, Southold Bay) Southold, NY. SCTM#1000-56-6-3.4. 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 close the hearing reserving decision. Vote of the Board� Ayes� All. This Resolution was dulv adopted (4-0). Member Goehringer was absent. 11�46 A.M. JOSEPH SBARRA. #6977 by Patricia Moore, Agent, and Bill Birkmier of North Fork Pool Care in support. Request for Variance(s) from Article III, Section 280- 15, and Article XXII, Section 280-116A, and the Building Inspector's May 19, 2016 Notice of Disapproval based on an application for a bu�lding permit to construct an accessory in-ground swimming pool, at; 1) proposed accessory in-ground swimming pool in other than the code required rear yard, 2) proposed accessory in-ground swimming pool is less than the code required setback of 100 feet from the top of the bluff„ located at� 3200 Cox Neck Road, (Adj. to Howard's Branch of Mattituck Creek) Mattituck, NY. SCTM#1000-113-8-5. 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�Lreserving decision. Vote of the Board� Aves� All. This Resolution was duly adopted (4-0). Member Goehringer was absent. ��* RESOLUTIONS A. Reminder Confirmation� Special Meeting Date for August 18, 2016 at 6�00 PM. B. RESOLUTION ADOPTED� Motion was offered Chairperson Weisman, seconded by Member Schneider to set the next Regular Meeting with Pubhc Hearings to be held September 1, 2016 at 8�30 AM. Vote of the Board� Ayes� All. This Resolution was dulv adopted(4-0). Member Goehringer was absent. Page 5—Minutes Regular Meeting held August 4, 2016 Southold Town Zoning Board of Appeals C. RESOLUTION ADOPTED� Motion was offered by Chairperson Weisman, seconded by Member Schneider to approve Minutes from Special Meeting held July 21, 2016. Vote of the Board� Aves� All. This Resolution was dulv adopted (4-0). Member Goehrin� 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 12:00 P.M. Resp ctfully ubm' ted, Kim Fuentes � /18/2016 Included by Reference� Filed ZBA Decisions (0) _ .��49Y�c�� - Leslie Kanes Weisman, Chairperson / 1f2016 ��C 0�/ D Approved for Filing Resolution Adopted /�f � AUG 9 2016 . • uthold Town Clerk