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Home My WebLink AboutZBA-11/03/2016 BOARD MEMBERS �QF so 53095 Southold Town Hall Leslie Kanes Weisman,Chairperson � y� 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes #t #t Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Homing 0 i0 54375 Main Road(at Youngs Avenue) Kenneth Schneider �'ou�m,� 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, NOVEMBER 3, 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 November 3, 2016 commencing at 8:30 A.M. Present were' Leslie Kanes Weisman, Chairperson/Member Gerard P. Goehringer, Member Eric Dantes, Member George Horning, Member Ken Schneider, Member William Duffy, Town Attorney Kim Fuentes, ZBA Secretary 8.44 A.M. Chairperson Weisman called the public hearings to order. WORK SESSION: A. Deminimus letter re: Ferrulh#6952 B. Requests from Board Members for future agenda items. 9:00 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. 9'35 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 (4-0). Member Goehringer recused himself. Page 2—Minutes Regular Meeting held November 3, 2016 Southold Town Zoning Board of Appeals 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): Homes Anew 1, Ltd#6996 Randi & Fred Silber#7000 Jeroen &Robin Bours#6985 Stephen Albertson#6993 Joseph & Linda Sciotto#6995 David Hazard#6997 Donna &Joseph Pradas#6998 Thomas Byrne#6999 Vote of the Board: All. This resolution was duly adopted (5-0). 19:41 A.M. 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: 9:42 A.M. - HOMES ANEW 1. LTD. #6996 by Frank Restituto and Maria Galiano, representatives; Bruno Simone and Caroline Clements, against. Request for Variance(s) from Article IV, Section 280-18 and the Building Inspector's June 10, 2016, Notice of Disapproval based on an application for a building permit to construct a handicapped accessory ramp attached to an existing multifamily dwelling, at; 1) less than the code required front yard minimum setback of 50 feet, located at: 9625 Main Bayview Avenue, Southold, NY. SCTM#1000-88-3-23.1. 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). 10:38 A.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:49 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 3—Minutes Regular Meeting held November 3, 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: 1049 A.M. - RANDI AND FRED SILBER. #7000 by Pat Moore, Agent and John McQuade, neighbor in favor Request for Variance(s) from Article XXIII, Section 280- 124 and the Building Inspector's August 2, 2016, Notice of Disapproval based on an application for a building permit to construct additions and alterations to an existing single family dwelling, at; 1) less than the code required side yard minimum setback of 10 feet, 2) less than the code required total side yard minimum set back of 25 feet, located at: 1570 Mason Drive, (Adj. to Broadwaters Cove) Cutchogue, NY. SCTM#1000-104-7-10. 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- 11:00 A.M. - JEROEN AND ROBIN BOURS#6985 by Pat Moore, Agent; Jeroen Bours, owner; Meryll Kramer, Architect for the applicant, and John Forester, neighbor, against. Request for Variance(s) from Article III, Section 280-15C and Article XXIII, Section 280-124, and the Building Inspector's June 1, 2016 Notice of Disapproval based on an application for a building permit to construct an accessory garage and to construct additions and alterations to an existing single family dwelling, at; 1) proposed accessory garage exceeding the code permitted maximum 660 square feet in total size; 2) proposed additions and alterations to a single family dwelling is less than the code required minimum front yard setback of 35 feet, located at: 660 Mill Creek Drive, (Add. to Hashamomuck Pond) Southold, NY. SCTM#1000-135-3-42.3. BOARD RESOLUTION:, (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Schneider, to close the hearing reserving decision. Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 11:27 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). 1135 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 ( -0). PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 11:35 A.M. - STEPHEN ALBERTSON#6993 by Charles Southard, Agent and Stephen Albertson, owner. Request for Variance(s) from Article III, Section 280-13 and the Building Inspector's August 4, 2016 Notice of Disapproval based on an application for a building permit to. legalize "as built" third story alterations to an existing single family dwelling, at; 1) more than the code required maximum allowed two and one-half (2-1/2) stories, located at: 1295 Custer Avenue, Southold, NY. SCTM#1000-70-9-15. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Page 4—Minutes Regular Meeting held November 3, 2016 Southold Town Zoning Board of Appeals Weisman, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 1151 A.M. - JOSEPH AND LINDA SCIOTTO #6995 by Mike Kimack, Agent. Request for Variance(s)-from Article III, Section 280-15 and-the Building Inspector's June 22, 2016, amended July 28, 2016 Notice of Disapproval based on an application for a building permit to construct an accessory deck, at; 1) less than the code required rear yard minimum setback of 10 feet, located at: 8380 Great Peconic Bay Boulevard, (Add. to the Peconic Bay), Laurel, NY. SCTM#1000-126-11-20. 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 amended Notice of Disapproval. Vote of the Board: Ayes: A.U. This Resolution was duly adopted (5-0). 1210 P.M. - DAVID HAZARD #6997 by Mike Kimack, Agent and Vera Cusumano, in favor. Request for Variance(s) from Article III, Section 280-14 and the Budding Inspector's July 18, 2016, Notice of Disapproval based on an application for a two (2) lot subdivision, at; 1) less than the code required minimum lot width of 175 feet, located at: 1465 Harbor Lane, (Adj. to Eugene's Creek) Cutchogue, NY. SCTM#1000- 103-2-1. 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 November 17, 2016. Vote of the Board: Ayes: All. This Resolution was duly adopted (5- 12:24 P. M. - DONNA AND JOSEPH PRADAS#6998 by Diana Laspisa, Expeditor and Joseph Pradas, owner. Request for Variance(s) from Article XXIII, Section 280-124 and the Building Inspector's August 9, 2016, Amended August 29, 2016 Notice of Disapproval based on an application for a building permit to construct a sunroom addition to a single family dwelling, at; 1) less than the code required rear yard minimum setback of 35 feet, located at: 425 Birch Drive, Laurel, NY. SCTM#1000-128- 1-9. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 12:30 P.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). 1:04 P.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). Page 5—Minutes Regular Meeting held November 3, 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: 1:04 P.M. - THOMAS BYRNE#6999 by Thomas Byrne, owner. Request for Variance(s) from Article III, Section 280-15 F and the Building Inspector's June 21, 2016, Amended August 18, 2016 Notice of Disapproval based on an application for a building permit to construct an accessory shed, at; 1) proposed accessory shed located at less than the code required minimum front yard setback of 35 feet; located at: 2345 Bayview Avenue, (add. to Hashamonuck Pond), Southold, NY. SCTM#1000-52-5-1. 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. Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). RESOLUTIONS A. Reminder Confirmation: Special Meeting Date for November 17, 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 December 1, 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 Horning to approve Minutes from Special Meeting held October 20, 2016. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). There being no other business properly coming before the Board at this time, the Chairperson declared the meeting adjourned. The meeting was adjourned at 1:11 P.M. Respectf lly sub itte Kim uentes ''7/2016 Includad by Reference: F d ZBA Decisions (0) ` RV116.2(f" a Leslie Kan s Weism , Chairperson // Z/2016 NO Approved for Filing Resolution Adopted louthold Town Clerk