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HomeMy WebLinkAboutZBA-09/01/2016 BOARD MEMBERS ®f S®(/r Southold Town Hall Leslie Kanes Weisman,Chairperson �� f' 53095 Main Road•P.O.Box 1179 O l® ; Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer v, ac Town Annex/First Floor,Capital One Bank George Horning ® �Q 54375 Main Road(at Youngs Avenue) Kenneth Schneider l�'c®UNTI 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, SEPTEMBER 1, 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 September 1, 2016 commencing at 8:30 A.M. Present were: Leslie Kanes Weisman, Chairperson/Member Gerard P. Goehringer, Member George Horning, Member Ken Schneider, Member Eric Dantes, Member William Duffy, Town Attorney Kim Fuentes, ZBA Secretary 8:30 A.M. Chairperson Weisman called the public hearings to order. WORK SESSION: A. Requests from Board Members for future agenda items. B. Concerns with vegetation at Bluff areas. C. Discussed Kofinas#6893—possible resolution to'close and reserve decision 9/15/16; Deliberate 10/16/16. D. Prior decisions relating to deer fencing. E. Issues related to FEMA compliant residential structures in flood zones. 8:53 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—Al Terp. Page 2—Minutes Regular Meeting held September 1, 2016 Southold Town Zoning Board of Appeals 9:27 a.m. Motion was offered by Chairperson Weisman, seconded by Member Horning to exit Executive Session.Vote of the Board: Ayes: All. This Resolution was duly adopted(4-0). Member Goehringer was out of the room. 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): Vincent Illuzzi#6980 Debra Coritsidis#6984 Joseph &Maureen Coogan#6963 Rivka Schoenfeld#6978 Anthony& Sarah Nappa#6979 Todd &Mary Hamilton#6981 Virginia&Michael Bontje#6982 Rafael&Francoise Crandall Ferrer#6983 Vote of the Board: All. This resolution was duly adopted (5-0). Chairperson Weisman opened the Public 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: 9:35 A.M. - RAYMOND RAIMONDI #6957 (Re-opened per applicant). Gail Wickham, Agent and Fred Weber, Architect. Request for Variance(s) 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. 9:44 A.M. - VINCENT ILLUZZI #6980 by Patricia Moore, Agent and Vincent Illuzzi, owner. Request for Variance(s) from Article XXII, Section 280-116A(1), and the Building Inspector's June 2, 2016 Notice of Disapproval based on an application for a building permit to legalize an `as built' wood deck addition attached to an existing Page 3—Minutes Regular Meeting held September 1, 2016 Southold Town Zoning Board of Appeals single family dwelling, at; 1) `as built'wood deck addition is less than 100 feet from the top of the bluff, located at: 1615 Fleetwood Road, (Adj. to East Creek) Cutchogue, NY. SCTM#1000-137-4-35. 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 pending receipt of additional information from Agent; i. e. correlate prior Certificates of Occupancy with drawings and priors. Vote of the Board:Ayes:All. This Resolution was duly adopted(5-0). 10:05 A.M. - DEBRA CORITSIDIS #6984 by Christine Bryson, Agent. Request for Variance(s) from Article III, Section 280-13 and Article XXIII, Section 280-124, and the Building Inspector's May 18, 2016, amended May 23, 2016 Notice of Disapproval based on an application for a building permit to construct additions and alterations to an existing single family dwelling, and to legalize an "as built" accessory wood shed, at; 1) additions (observatory) to an existing single family dwelling proposes more than the code required maximum two and one-half (2-1/2) stories; 2) `as built' accessory wood shed located at less than the code required minimum front yard setback of.55 feet; 3) `as built' accessory wood shed located at less than the code required minimum side yard setback of 20 feet, located at: 265 Orchard Lane, (Adj. to Dryad's Basin) Southold, NY. SCTM#1000-89-2-5.1. 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 pending receipt of additional information from Agent; i. e. correlate prior Certificates of Occupancy with drawings and priors. Vote of the Board: Ayes:All. This Resolution was duly adopted(5-0). 10:20 A.M. Motion was offered by Member Goehringer, seconded by Member Schneider take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0)- 10:26 A.M. Motion was offered by Chairperson Weisman, seconded by Member Horning 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: 10:27 A.M. - JOSEPH AND MAUREEN COOGAN #6963 Request for Variance from Article XXIII Section 280-124 and the Building Inspector's April 20, 2016 Notice of Disapproval based on an application for building permit for additions and alterations to an existing single family dwelling, at; 1) more than the code permitted maximum lot coverage of 20%, located at: 1875 Calves Neck Road, (adj. to Jockey Creek) Southold, NY SCTM# 1000-70-4-48. 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 hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5- RESOLUTIONS: Page 4—Minutes Regular Meeting held September 1, 2016 Southold Town Zoning Board of Appeals A. Reminder Confirmation: Special Meeting Date for September 15, 2016 at 6:00 PM. B. RESOLUTION ADOTED: Motion was offerea.by Chairperson Weisman, seconded by Member Goehringer to set the next Regular Me'eting with Public Hearings to be held October 6, 2016 at 8:30 A.M. 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 August 18, 2016. 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: 1040 A.M. - RIVKA SCHOENFELD #6978 by Dave Kapell, Agent. Request for Variance(s) from Article =I, Section 280-116A, and the Building Inspector's February 2, 2016, amended April 18, 2016 Notice of Disapproval based on an application for a building permit to relocate and make additions and alterations to an existing cottage, at; 1) existing cottage to be relocated less than the code required setback of 100 feet from the top of the bluff, located at: 4760 Blue Horizon Bluffs, (Adj. to Long Island Sound) Peconic, NY. SCTM#1000-74-1-35.56. 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). 1051 A.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes take a short recess.Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1100 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 (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: 11:00 A.M. - ANTHONY AND SARAH NAPPA#6979 by Sarah and Anthony Nappa. Applicants request 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 five (5) bedrooms for lodging and serving of breakfast to the B&B casual, transient roomers. Located at: 425 Jacobs Lane, Southold, NY. SCTM#1000-88- 1-1.5. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board:Ayes:All.This Resolution was duly adopted(5-0). Page 5—Minutes Regular Meeting held September 1, 2016 Southold Town Zoning Board of Appeals 1115 A.M. - TODD AND MARY HAMILTON#6981 by Eileen Santora,Agent. Request for Variance(s) from Article XXIII, Section 280-124, and the Building Inspector's March 20, 2016, amended July 8, 2016 Notice of Disapproval based on an application for a building permit to construct additions to an existing single family dwelling, at; 1) proposed front covered entry porch addition is less than the code required front yard setback of 40 feet, located at: 190 Great Pond Way, Southold, NY. SCTM#1000-59-9- 10.2. 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). 11:30 A.M. - VIRGINIA & MICHAEL BONTJE #6982 by Michael Bonne, owner and Architect. Request for Variance(s) from Article =II, Section 280-124, and the Building Inspector's April 22, 2016, amended and renewed June 30, 2016 Notice of Disapproval based on an application for a building permit to demolish and construct a new single family dwelling, at; 1) proposed single family dwelling is less than the code required front yard setback of 35 feet; 2) proposed single family dwelling is less than the code required rear yard setback of 35 feet, located at: 805 Island View Drive, Greenport, NY. SCTM#1000-57-2-23. 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 September 15. 2016 pending comments from Trustees. Vote of the Board:Ayes:All. This Resolution was duly adopted(5-0). 11:50 A.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes 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 Schneider 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. - RAFAEL AND FRANCOISE CRANDALL FERRER #6983 by Francoise Crandall Ferrer, owner. Request for Variance(s) from Article XXIII, Section 280-124, and the Building Inspector's May 17, 2016 Notice of Disapproval based on an application for a building permit to construct additions to a single family dwelling, at; 1) proposed addition is less than the code required front yard setback of 35 feet; 2) proposed addition is less than the code required single side yard setback of 10 feet, located at: 230 Oyster Ponds Lane, Orient, NY. SCTM#1000-17-6-12. 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 hearing reserving decision. Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). Page 6—Minutes Regular Meeting held September 1, 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 1:26 P.M. Respectfully sub itte , Kim uentes 9 //6/2016 Included Reference: Filed Z Decisions (0) c Leslie Kanes Weisman, Chairperson 9/(,/2016 R CE VE D Approved for Filing Resolution Adopted/ P 1 9 2016 S tthold Town-Clerk