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Home My WebLink AboutZBA-10/06/2016 BOARD MEMBERS OF soar Southold Town Hall Leslie Kanes Weisman,Chairperson �� yp 53095 Main Road•P.O.Box 1179 !p Southold,NY 11971-0959 Eric Dantest Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning �p �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider �ou ,�1 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, OCTOBER 6, 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 October 6, 2016 commencing at 8:30 A.M. Present were: Leslie Kanes Weisman, Chairperson/Member Gerard P. Goehringer, Member (left 1255 p.m.) George Horning, Member Ken Schneider, Member William Duffy, Town Attorney(arrived 9:05 a.m.) Kim Fuentes, ZBA Secretary Absent: Eric Dantes, Member 8:32 A.M. Chairperson Weisman called the public hearings to order. WORK SESSION: A. Requests from Board Members for future agenda items. B. Letter from M. Kimack, Agent for Theodora Tsatsos #4865 requesting that the Board rehear an application previously denied for a waiver of merger. C. Discussed Bontje #6982 — Received letter from Michael Bontje; survey from Nathan Corwin, L.S.; email from Jay Bredermeyer, Board of Trustees, D. De Minimus request from Ken Zahler#6851 relating to pool fence and deer fence. E. Update from Chairperson on discussion with Town Board about codes related to residential construction in high velocity zones, possible pyramid law, demolition, and special event permits. F. Discussed Gerowski#6973 to be adjourned. POSSIBLE BOARD RESOLUTION TO ADJOURN THE FOLLOWING HEARING: DOUG GEROWSKI #6973 — (Adj. from August 4, 2016) 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 Page 2—Minutes Regular Meeting held October 6, 2016 Southold Town Zoning Board of Appeals 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. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) Motion was offered by Chairperson Weisman, seconded by Member Schneider, to adjourn the hearing to December 1, 2016 at 9:30 a.m. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dantes was absent. DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: ALEXANDER KOFINAS. AS TRUSTEE #6893 — (Adj. from December 3, 2015) Request for Variance from Article XXIII Section 280-122 and the Building Inspector's October 15, 2015 Notice of Disapproval based on an application for building permit to construct alterations to existing nonconforming accessory garage, proposed alteration creates new nonconformance, located at 805 West Road (adj. to Peconic Bay) Cutchogue, NY SCTM#1000-110.-7-4 BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to GRANT AS APPLIED. This Resolution was duly adopted (4-0). Member Dantes was absent. 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): Lauren Beck#6994 Peter and Meredith Rugg#6989 Marc and Deirdre Sokol#6992 Absolute Improvements Inc./John Costanzo#6988 Ira and Susan Akselrad#6986 Max and Jimena Faerber#6991 Planning Board of the Town of Southold#6976 Vote of the Board: All. This resolution was duly adopted (4-0). Member Dantes was absent. 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: 9:30 A.M. LAUREN BECK#6994 by Joseph Gulmi, as Agent. Request for Variance(s) from Article XXIII, Section 280-124 and the Building Inspector's July 12, 2016 Notice of Disapproval based on an application for building permit to construct additions and alterations to an existing single family dwelling, at; 1) proposed addition located at less than the code required minimum side yard setback of 20 feet; located at: 250 Pine Tree Court, Cutchogue, NY. SCTM# 1000-98-1-7.11. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving Page 3—Minutes Regular Meeting held October 6, 2016 Southold Town Zoning Board of Appeals 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 was absent. 9:36 A.M. PETER AND MEREDITH RUGG#6989 by Stephen Ham, Agent and Peter Rugg, owner. Request for Variance(s) from Article XXIII, Section 280-122 and the Building Inspector's May 6, 2016, amended July 28, 2016 Notice of Disapproval based on an application for building permit to construct additions and alterations to an existing nonconforming accessory building with a conforming use by adding a second floor, at; 1) proposed additions to the accessory budding will constitute an increase in the degree of non-conformance; located at: Munnatawket Avenue, Fisher's Island, NY SCTM # 1000-6-3-8.2. 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 (4-0). Member was absent. 9:57 A.M. MARC AND DEIRDRE SOKOL #6992 by Mike Kimack, Agent and Marc Sokol, owner. Request for Variance(s) from Article III, Section 280-15; Article XXII, Section 280-105C(3), and the Building Inspector's July 8, 2016, Notice of Disapproval based on an application for building permit to construct accessory structures and erect a deer fence, at; i) proposed additions located in other than the code required rear yard, 2) proposed deer fence located in other than the code permitted side or rear yards; located at: 308 Park Avenue, (Adj. to Great Pecomc Bay) Mattituck, NY SCTM # 1000-123-7-7.3. BOARD RESOLUTION: (Ple,ase 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 Dantes was absent. 1024 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 (4-0). Member Dantes was absent. 1037 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 (4-0). Member Dantes 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: 10:37 A.M. ABSOLUTE IMPROVEMENTS INC./JOHN COSTANZO #6988 by Christine, Rivera, Agent. Request for Variance(s) from Article XXIII Section 280-124 and the Building Inspector's June 10, 2016, Notice of Disapproval based on an application for building permit to construct additions and alterations to an existing single family dwelling, at; 1) proposed additions located at less than the code required minimum rear yard setback of 35 feet; 2) proposed additions located at less than the code required minimum side yard setback of 10 feet; and 3) proposed additions more than the code permitted maximum lot coverage of 20%, located at: 80 Dogwood Lane Page 4—Minutes Regular Meeting held October 6, 2016 Southold Town Zoning Board of Appeals (3200 Kenneys Road), Southold, NY SCTM # 1000-59-2-2. 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 (4-0). Member Dantes was absent. 1056 A.M. VIRGINIA & MICHAEL BONTJE #6982 by Mike Bontje, owner. Request for Variance(s) from Article XXIII, 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 Goehringer, to adjourn the hearing to October 20. 2016, pending receipt of additional information from Trustees. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dantes was absent. 11:12 A.M. IRA AND SUSAN AKSELRAD #6986 by Rob Hermann, Agent and Melissa Cisette, Architect. Request for Variance(s) from Article III, Section 280-15; Article IV, Section 280-18; Article XXII, Section 280-116A(1), and the Building Inspector's June 21, 2016, Notice of Disapproval based on an application for a building permit to construct new and legalize "as-built" additions and alterations to single family dwelling and legalize "as-built" accessory in-ground swimming pool, at; 1) as built accessory in-ground swimming pool located in other than the code required rear yard, 2) "as-built" deck addition less than the code required minimum side yard setback of 15 feet, 3) proposed additions and alterations located less than the code required 100 feet from the top of the bluff, located at: 4125 Nassau Point Road, (Adj. to Little Peconic Bay) Cutchogue, NY. SCTM#1000-111-9-6.4. 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 (4-0). Member Dantes was absent. 11:42 A.M. MAX AND JIMENA FAERBER#6991 by Max and Jimena Faerber, owners and H. Arizumi, Architect. Request for Variance from Article XII, Section 280-53 of the Southold Town Code and the Building Inspector's April 7, 2016, amended August 8, 2016, Notice of Disapproval based on an application for building permit to construct additions and alterations to an existing nonconforming building with a nonconforming use to be converted to a conforming single family dwelling, at; 1) proposed addition located at less than the code required minimum side yard setback of 20 feet, located at: 2072 Village Lane, (add. to Orient Harbor) Orient, NY SCTM# 1000-24-2-27. 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 Dantes was absent. Page 5—Minutes Regular Meeting held October 6, 2016 Southold Town Zoning Board of Appeals 1156 A.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer recess for lunch. Vote of the Board: Ayes: All. This Resolution was duly adopted(4-0). Member Dantes was absent. 1252 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 (4-0). Member Dantes was absent. 1255 P.M. Member Goehringer left. RESOLUTIONS: A. Reminder Confirmation: Special Meeting Date for October 20, 2016 at 6:00 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 November 3, 2016 at 8:30 A.M. Vote of the Board: Ayes: All. This Resolution was duly adopted(3-0). Member Goehringer and Member Dantes were absent. C. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Goehringer to approve Minutes from Special Meeting held September 15, 2016. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). Member Goehringer and Member Dantes were absent. 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. PLANNING BOARD OF THE TOWN OF SOUTHOLD #6976 by Charles Cuddy, Agent and Paul Pawlowski, owner. AGAINST: Denise Geise; Julie Anders; Joy Ehnston; Ann Murray; IN SUPPORT: Joseph Path; Fred Markham; Joe Slovak; Arnold Blair; Britta Babahatt; Mary Grace Seinfeld; Joseph Pfaff, QUESTIONS: Joy Ehnston; Mary Grace Seinfeld and Mary Eisenstein. Request from the Southold Town Planning Board dated May 31, 2016 and June 17, 2016, for an interpretation, Pursuant to Town Code Article XXVI, Section 280-146(D)(1) as to whether the proposed uses, as applied for, on a site plan application from Sports East Fitness Club proposing to construct an "annual membership club", meet the definition of a Membership Club as defined by the Town Code in Article III, Section 280-13(B)(7) Uses Permitted by Special Exception in a Residential Zone District, and Article I, Section 280-4 Definitions: Club, Membership or Country or Golf; Recreational Facilities; and Recreation Facility, Commercial. Proposed location at: 9300 NYS Route 25 (Main Road), Mattituck, NY. SCTM#1000-122-7-9. 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 adjourn the hearing to October 20, 2016 to receive additional written comments only, Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). Member Goehringer recused himself and Member Dantes was absent. Page 6—Minutes Regular Meeting held October 6, 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 2:17 P.M. Resp ctful s mitted, Kim Fue es 10 /a0/2016 In ud y Reference: Filed ZBA Decisions (1) WMA11t.-I OCT 2 1 2016 Leslie Kan6s Weisman, Chairperso ® �®/2016 � n �r� Approved for Filing Resolution Adopted S thold Town Clerk