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Home My WebLink AboutZBA-01/05/2017 BOARD MEMBERS \\oF sSouthold Town Hall oUry Leslie Kanes Weisman,Chairperson 53095 pl® 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes, #t Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Homing �'® • �® 54375 Main Road(at Youngs Avenue) Kenneth Schneider I�CQUf�IT`I,� 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, January 5, 2017 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 January 5, 2017 commencing at 8:30 A.M. Present were: Leslie Kanes Weisman, Chairperson/Member Gerard P. Goehringer, Member Ken Schneider, Member William Duffy, Town Attorney Kim Fuentes, ZBA Secretary Absent: Eric Dantes, Member George Horning, Member 8:41 A.M. Chairperson Weisman called the public hearings to order. 8:41 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 (3-0). Members Horning and Dantes were absent. EXECUTIVE SESSION: A. Attorney/Client advice. 9:10 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 (3-0). Members Horning and Dantes were absent. Page 2—Minutes Regular Meeting held January 5, 2017 Southold Town Zoning Board of Appeals WORK SESSION: A. Requests from Board Members for future agenda items. B. Request from Michael Kimack re: ZBA#6995—Sciotto. C. Opportunities for Board Training on Case Law. ORGANIZATIONAL MEETING A. Review meeting dates for 2017 B. Reappointments/appointments to the ZBA C. Discuss ZBA Documents i. ZBA Procedural Guidelines ii. Guidelines to Open Meetings Law and Ethical Issues in. Code of Conduct BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Schneider to re-adopt all three ZBA documents as written Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). Members Horning and Dantes were absent. 9:38 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): Colin Cashel and Kristen Cashel#7016 R. Bradford Burnham Iii#7015 - Richard and Scheherazade Madigan#7009 Elizabeth Branch#7010 Maria Zachariadis,A. Zachariadis and Z. Zachariadis#7012 Croteaux Vineyards#7013 Captain Red's Marine Sales, Inc.#7014 Allen Ovsianik#7017 Tony and Suzanne Oliva#7018 Vote of the Board: All. This resolution was duly adopted (3-0). Members Horning and Dantes were absent. PUBLIC HEARINGS: The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 9:40 A.M. - COLIN CASHEL AND KRISTEN CASHEL #7016 by Richard Lark and Sam Fitzgerald, Agents. Request for Variance(s) under Article XXIII, Section 280-124 and the Building Inspector's October 6, 2016, Notice of Disapproval based on an application for a building permit to alter an existing porch attached to a pre-existing Page 3—Minutes Regular Meeting held January 5, 2017 Southold Town Zoning Board of Appeals single family dwelling, at: 1) the proposed alteration is less than the code required front yard minimum setback of 35 feet; 2) the proposed porch alteration is contrary to a prior appeal condition (# 6880, dated September 17, 2015) that porch remain as unconditioned space; located, at: 162 Lower Shingle Hill Road (AKA Fox Avenue), Fishers Island, NY. SCTM#1000-9-1-26. 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(3-0). Members Horning and Dantes were absent. 9:55 A.M. - R. BRADFORD BURNHAM III #7015 by Mary Burnham. Request for a Variance under Article III, Section 280-13 and the Building Inspector's August 2, 2016, Notice of Disapproval based on an application for a building permit to construct a boathouse (storage building) on a vacant residential parcel, at: 1) the proposed boathouse (storage building) is not a permitted use; located, at: Penninsula Road (adj. to Darbie's Cove), Fisher's Island, NY. SCTM#1000-10-4-9.2 & 1000-10-4-9.3. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to adjourn to March 2, 2017 at 9:30 a.m. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). Members Horning and Dantes were absent. RESOLUTIONS A. Reminder Confirmation: Special Meeting Date for January 19, 2017 at 5:00 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 February 2, 2017 at 8:30 A.M.Vote of the Board: Ayes: All. This Resolution was duly adopted(3-0). Members Horning and Dantes were absent. C. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Schneider to approve Minutes from Special Meeting held December 15, 2016. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). Members Horning and Dantes were absent. 1014 A.M. Motion was offered by Member Schneider, seconded by Chairperson Weisman to take a short recess.Vote of the Board: Ayes: All. This Resolution was duly adopted(3-0). Members Horning and Dantes were absent. 1021 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 (3-0). Members Horning and Dantes were absent. Page 4—Minutes Regular Meeting held January 5, 2017 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: 1021 A.M. - RICHARD AND SCHEHERAZADE MADIGAN #7009 by Nancy Steelman, Agent. Request for Variance(s) under Article III, Section 280-15 and the Building Inspector's September 22, 2016, Notice of Disapproval based on an application for a building permit to construct an accessory in-ground swimming pool and an accessory trellis, at: 1) the proposed in-ground swimming pool located in other than the code required rear yard; 2)'the proposed trellis located in other than the code required rear yard, located, at: 856 Narrow River Road, Orient,,NY. SCTM#1000-27-4- 9.6. 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(3-0). Members Horning and Dantes were absent. 1030 AM. - ELIZABETH BRANCH #7010 by Eileen Powers, Agent. Request for a Variance under Article III, Section 280-13C and the Building Inspector's September 19, 2016; Notice of Disapproval based on an application for a permit to demolish an existing accessory cottage and a building permit to construct a new accessory cottage with an expansion, at: 1) the proposed construction is not a permitted accessory use, at: 5160 Indian Neck Lane (Adj. to Hog Neck Bay, Little Peconic Bay), Peconic, NY. SCTM#1000-98-4-23. 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 to March 2, 2017 at 9:45 a.m. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). Members Horning and Dantes were absent. 1049 A.M. - MARIA ZACHARIADIS, ANTHONY ZACHARIADIS AND ZACHARIAS ZACHARIADIS #7012 by Maria Zachariades, owner. Request for a Variance under Article III, Section 280-14 and the Building Inspector's September 21, 2016, Notice of Disapproval to permit a lot line change (merger), at: 1) the lot line change (merger) will result in a lot having less than the required 80,000 sq. ft. in area, at: 1775 Little Neck Road, Cutchogue, NY. SCTM#1000-103-5-1 and 1000-103-5-5. 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 (3-0). Members Horning and Dantes were absent. 10:55 A.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 (3-0). Members Horning and Dantes were absent. 11:02 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 (3-0). Members Horning and Dantes were absent. Page 5—Minutes Regular Meeting held January 5, 2017 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: 1102 A.M. - CROTEAUX VINEYARDS #7013 by Harvey Arnoff, Agent on behalf of two neighbors. Request for Variance(s) under Article III, Section 280-13A(4) and the Building Inspector's October 7, 2016, Amended November 2, 2016 Notice of Disapproval to legalize an "as built" winery and tasting room, at: 1) winery and tasting room facilities located on a parcel less than the code required minimum of at least 10 acres devoted to vineyard or other agricultural purposes, located at: 1450 South Harbor Road, Southold, NY. SCTM#1000-75-7-1.4. 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 adjourn to April 6, 2017 at 9:30 a.m. Vote of the Board: Ayes: All, This Resolution was duly adopted(3-0).Members Horning and Dantes were absent. 11:20 A.M. - CAPTAIN RED'S MARINE SALES. INC. #7014 - Request for Variance(s) under Article XI, Section 280-49 and the Building Inspector's September 19, 2016, amended September 30, 2016, Notice of Disapproval based on an application for a building permit to construct a storage building and to propose boat storage and parking, at: 1) the proposed building is less than the code required front yard minimum setback of 100 feet; 2) the proposed building is less than the code required side yard minimum setback of 25 feet; located, at: 9605 Route 25, Mattituck, NY. SCTM#1000-122-6-12. BOARD RESOLUTION: NO QUORUM. (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 to February 2, 2017 at 1:15 p.m. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). Member Goehringer recused himself. Members Horning and Dantes were absent. DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: DAVID HAZARD #6997 - AMENDED - 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 offered by Chairperson Weisman, seconded by Member Schneider, to GRANT AS AMENDED. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). Members Horning and Dantes were absent. DOUG GEROWSKI#6973 (Adj. from December,15, 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 Page 6—Minutes Regular Meeting held January 5, 2017 Southold Town Zoning Board of Appeals 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 dopted (3-0). Members Horning and Dantes were absent. BOARD RESOLUTION #2: Please see transcript of written statements prepared under separate cover.) Motion was offered by Chairperson Weisman, seconded by Member Schneider, TO DENY AS APPLIED; GRANT ALTERNATIVE RELIEF WITH CONDITIONS. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). Members Horning and Dantes were absent. PHILIP WASILAUSKY #7001 - 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 Member Schneider, seconded by Chairperson Weisman, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). Members Horning and Dantes were absent. BOARD RESOLUTION #2: Please see transcript of written statements prepared under separate cover.) Motion was offered by Member Schneider, seconded by Chairperson Weisman, TO DENY AS APPLIED. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). Members Horning and Dantes were absent. 1133 A.M. Motion was offered by Chairperson Weisman, seconded by Member Schneider to take a recess for lunch.Vote of the Board: Ayes: All. This Resolution was duly adopted(3-0). Members Horning and Dantes were absent. 1.05 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 (3-0). Members Horning and 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: 1:05 P.M. - ALLEN OVSIANIK #7017 by William Goggins, Agent. Request for a Variance under Article III, Section 280-14 and the Building Inspector's November 21, 2016, Amended December 22, 2016, Notice of Disapproval based on an application to permit a lot line change to create two nonconforming lots, at: 1) lots proposed at less than the code required minimum lot size of 80,000 sq. ft.; located, at: 32930 Route 25 and 225 Eugene's Road, Cutchogue, NY. SCTM#1000-97-2-15 & 16.5. 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 (3-0). Members Horning and Page 7—Minutes Regular Meeting held January 5, 2017 Southold Town Zoning Board of Appeals Dantes were absent. 1:30 P.M. - TONY AND SUZANNE OLIVA#7018 by Joan Chambers, Agent. Request for a Variance under Article XXIII, Section 280-124 and the Building Inspector's October 20, 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 addition less than the code required minimum front yard setback of 35 feet; located, at: 500 Old Shipyard Lane, Southold, NY. SCTM#1000-64-2-46. 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 subject to receipt of amended plan eliminating portion of front porch. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). Members Horning and Dantes were 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 1:44 P.M. Respe tffuully s bmi ed, L Kim Fuentes /`q/2017 Included by Reference: Filed ZBA Decisions (3) RECEIVED1 � JP-O Lelie Kanes Weisman, Chairperson / 9/2017 ANApproved for Filing Resolution Adopted // . outhold Town Clerk