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Home My WebLink AboutZBA-12/01/2016 BOARD MEMBERS OF SOLI Southold Town Hall Leslie Kanes Weisman,Chairperson �0�� yQ�O 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes [ Office Location: Gerard P.Goehringer G @ Town Annex/First Floor,Capital One Bank George Homing �'Q �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider �ycou 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, DECEMBER 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, December 1, 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 8:36 A.M. Chairperson Weisman called the public hearings to order. WORK SESSION: A. Requests from Board Members for future agenda items. B. Organizational Meeting January 5, 2017. C. Boyle Farm Buildings. 8:45 a.m. Motion was offered by Chairperson Weisman, seconded by Member Schneider 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. 9:08 a.m. Motion was offered by Chairperson Weisman, seconded by Member Goehringer to exit Executive Session.Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 2—Minutes Regular Meeting held December 1, 2016 Southold Town Zoning Board of Appeals 9:14 A.M. Chairperson Weisman opened the Public Hearings with the Pledge of Allegiance. STATE ENVIRONMENTAL QUALITY REVIEWS; A. BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Goehringer, 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): Donna and Fred Fragola#7004 Frank Zagarino#7008 Philip Wasilausky #7001 Adam Suprenant#7002 Jeff And Jaime Abrams #7003 John And Catherine Boyle #7005 Revco Lighting&Electrical Supply/Stodien Development #7006 Frank And Denise Dellaquila #7007 Vote of the Board: All. This resolution was duly adopted(5-0). DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: PLANNING BOARD OF THE TOWN OF SOUTHOLD #6976 - 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 Schneider, that use as proposed does NOT meet the definition of a "Club. Membership, or Country or Golf." Vote of the Board: Ayes: All. This Resolution was duly adopted(4-0). Member Goehringer recused himself. DAVID HAZARD #6997 - Request for Variance(s) from Article III, Section 280-14 and the Building 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 Page 3—Minutes Regular Meeting held December 1, 2016 Southold Town Zoning Board of Appeals offered by Member Schneider, seconded by Member Horning, to GRANT WITH CONDITIONS.Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). HOMES ANEW 1. LTD. #6996 — (Tabled on November 17, 2016) 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 Member Horning, seconded by Chairperson Weisman, to GRANT WITH CONDITIONS. Vote of the Board: Ayes: 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: 9:38 A.M. DOUG GEROWSKI#6973 by Pat Moore, Agent and Doug Gerowski, owner. (Adj. from October 6, 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 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.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to adjourn to December 15, 2016, subject to receipt of written documentation from Trustees. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:50 A.M. DONNA AND FRED FRAGOLA #7004 by Bill Kelly, Agent and Fred Fragola, owner. Request for Variance(s) from Article XXIII, Section 280-124 and the Building Inspector's August 23, 2016, Notice of Disapproval based on an application for a building permit to construct a new single family dwelling, at; 1) less than the code required minimum front yard setback of 35 feet, 2) less than the code required minimum rear yard setback of 35 feet, located at: 620 Corwin Street, Greenport, NY. SCTM#1000-48-2-44.2. 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 subject to receipt of corrected Floor Plan to read "Single Family Dwelling with attached garage."Vote of the Board:Ayes:All. This Resolution was-duly adopted (5-0). 10:06 A.M. FRANK ZAGARINO #7008 by Jodi Giglio, Agent and Frank Zagarino, owner. Request for Variance(s) from Article III, Section 280-15 and Article XXIII, Section 280-124 and the Building Inspector's September 2, 2016, Notice of Disapproval based on an application to demolish an existing single family dwelling and rebuild a new single family dwelling, at; 1) proposed single family dwelling is less than the code Page 4—Minutes Regular Meeting held December 1, 2016 Southold Town Zoning Board of Appeals required rear yard minimum setback of 35 feet; 2) proposed single family dwelling is less than the code required combined minimum side yard setback of 25 feet; 3) proposed construction places existing 100 sq. ft. accessory shed in other than the code required rear yard; 4) proposed construction places existing 164 sq. ft. accessory shed in other than the code required rear yard, located at: 200 South Oakwood Drive, Laurel, NY. SCTM#1000-145-3-3.1. 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 to December 15. 2016, subject to receipt of radius map showing front and rear yard setbacks in neighborhood by Agent. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1034 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). 1040 A.M. Motion was offered by Chairperson Weisman, seconded by Member Eric 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: 1040 A.M. PHILIP WASILAUSKY#7001 by Pat Moore, Agent and Philip Wasilausky, owner. Request for Variance(s) from Article XXIII, Section 280-124 and the Building Inspector's July 18, 2016, Amended August 18, 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) proposed additions and alterations less than the code required front yard minimum setback of 35 feet, 2) proposed additions more than the code permitted maximum lot coverage of 20%: 105 Private Road (AKA 575 Goose Creek Lane), Southold, NY. SCTM#1000-77-3-25. 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 subject to receipt of research by Agent of lot coverages in the area."Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 1100 A.M. ADAM SUPRENANT #7002 by Adam Suprenant, and Laura Klahre, owners and Pauline Farr, in support. Request for Variance(s) from Article XXII, Section 280-105C (3) and the Building Inspector's June 30, 2016, Notice of Disapproval based on an application for a building permit to legalize an "as-built" deer fence, at; 1) proposed deer fence located in other than the code permitted side or rear yards, located at: 425 South Harbor Road, Southold, NY. SCTM#1000-75-4-29. 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 to December 15, 2016 subject to receipt of additional documentation from owners. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 5—Minutes Regular Meeting held December 1, 2016 Southold Town Zoning Board of Appeals 1140 A.M. JEFF AND JAIME ABRAMS #7003 by Pat Moore, Tom Samuels and Joe Fischetti, Agents Request for Variance(s) from Article XXII, Section 280-116a(1) and the Building Inspector's September 1, 2016, Notice of Disapproval based on an application for a building permit to demolish an existing house and construct a new single family dwelling and a new detached accessory deck, at; 1) proposed dwelling is located less than the code required 100 feet from the top of the bank; 2) proposed accessory deck located less than the code required 100 feet from the top of the bank, located at: 7325 Nassau Point Road, (Adj. to Little Peconic Bay) Cutchogue, NY. SCTM#1000-118-4-1. 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). 12:13 P.M. JOHN AND CATHERINE BOYLE #7005 by Agena Rigdon, Agent, unnamed speaker commented. Request for Variance(s) from Article IV, Section 280-15 and the Building Inspector's August 8, 2016, Notice of Disapproval based on an application for a building permit to legalize an "as built" farm accessory barn, at; 1) at more than the maximum height of 22 feet, located at: 24435 Route 25 (Main Road), Orient, NY. SCTM#1000-18-2-34. 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). 12:26 P.M. Motion was offered by Chairperson Weisman, seconded by Member Schneider to take a short recess.Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). 1:05 P.M. Motion was offered by Chairperson Weisman, seconded by Member Eric 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: 1:05 P.M. REVCO LIGHTING &ELECTRICAL SUPPLY/STODIEN DEVELOPMENT#7006 by Toni Reidel,Agent. Request for Variance(s)from Article XIX, Section 280-85 D and the Building Inspector's September 13, 2016, Notice of Disapproval based on an application for a sign permit to erect a second freestanding sign, at; 1) more than the code required maximum number of freestanding signs allowed for each frontage, on a public street or way, located at: 55765 Route 25 (Main Road), Southold, NY. SCTM#1000-63-3-8. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to close the hearing reserving decision.Vote of the Board:Ayes:All. This Resolution was duly adopted(4-0).Member Dantes recused himself. Page 6—Minutes Regular Meeting held December 1, 2016 Southold Town Zoning Board of Appeals 1:15 P.M. FRANK AND DENISE DELLAQUILA #7007 by Pat Moore,Agent and Frank Dellaquila, owner. Request for Variance(s) from Article XIX, Section 280- 13(A)6(p) and the Building Inspector's September 14, 2016, Notice of Disapproval based on an application to legalize an"as-built" accessory apartment in the basement of a single family dwelling for a proposed bed and breakfast, at; 1)bed and breakfast facilities shall not be permitted by Town Code in or on premises for which an accessory apartment is authorized or exists, 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 Goehringer, to close the hearing reserving decision.Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Member Schneider recused himself. RESOLUTIONS: A. Reminder Confirmation: Special Meeting Date for December 15, 2016 at 6:00 PM. B. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Goehringer to set the next Regular Meeting with Public Hearings to be held January 5, 2017,at 8:30 A.M. Vote of the Board: Ayes: All. This Resolution was duly adopted(4-0). Member Schneider absent. C. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Goehringer to approve Minutes from Special Meeting held November 17, 2016. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Schneider 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 1:31 P.M. Respe tfullysub itted Kim uentes IZ //�/2016 Inclu Reference: fled ZBA Decisions (3) RECEIVED 'I-DW 0 C 20 Leslie Ka es Weism n, Chairperson/?" j// 016 . 11 Approved for Filing Resolution Adopted C e0out'liold Torn Clerk