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Home My WebLink AboutZBA-02/02/2017 BOARD MEMBERS S Southold Town Hall Leslie Kanes Weisman,Chairperson �o�► Ol0 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Homing 'gyp �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider CQ(fy,e� 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, February 2, 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 February 2, 2017 commencing at 8:30 A.M., Present were: Leslie Kanes Weisman, Chairperson/Member Ken Schneider, Member Eric Dantes, Member George Horning, Member William Duffy, Town Attorney Kim Fuentes, ZBA Secretary Absent: Gerard P. Goehringer, Member 8:41 A.M. Chairperson Weisman called the public hearings to order. WORK SESSION: A. Requests from Board Members for future agenda items. B. ZBA #6996 Homes Anew Site Visit — discussed amended condition relating to planting of a vegetative buffer. C. ZBA#6766 Domeluca LLC—Deminimus request—Board considered amended site of accessory swimming pool as not deminimus; letter will be sent conveying board's decision; a public hearing will be warranted for the newly proposed location. 9:08 a.m. Motion was offered by Chairperson Weisman, seconded by Member Dantes to enter Executive Session for Attorney/Client advice.Vote of the Board: Ayes: All. This Resolution was duly adopted(4-0). Member Goehringer was absent. EXECUTIVE SESSION: A. Attorney/Client advice. Page 2—Minutes Regular Meeting held February 2, 2017 Southold Town Zoning Board of Appeals 9:25 a.m. Motion was offered by Chairperson Weisman, seconded by Member Schneider to exit Executive Session.Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 9:26 A.M. Chairperson Weisman opened the Public Hearings with the Pledge of Allegiance. RESOLUTIONS A. Reminder Confirmation: Special Meeting Date for February 16, 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 March 2, 2017 at 8:30 A.M. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. C. RESOLUTION ADOPTED:Motion was offered by Chairperson Weisman, seconded by Member Schneider to approve Minutes from Special Meeting held January 19, 2017. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. STATE ENVIRONMENTAL QUALITY REVIEWS; A. BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Dantes, 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): Dorie And Ari Paparo#7020 James Huettenmoser#7024 Kenneth Zahler#7011 Bruce And Leona Goodheart#7019 Susannah Mcdowell#7021 Albert Leutwyler#7022 MGH Enterprises, Inc.,Verizon Wireless#7023 William Gremler, Jr.And Michael Murphy#7025 Areti Lavalle#7026 Town of Southold Planning Board/Surrey Lane Vineyards#7039 Vote of the Board: All. This resolution was duly adopted (4-0). Member Goehringer was absent. Page 3—Minutes Regular Meeting held February 2, 2017 Southold Town Zoning Board of Appeals PUBLIC HEARINGS: The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 9:36 A.M. - DORIE AND ARI PAPARO #7020 by CJ Delvagio, Agent. Request for a Variance under Article III, Section 280-15 and the Building Inspector's November 1, 2016 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool, at: 1) located in other than the code required rear yard; located, at: 6182 Soundview Avenue, Peconic, NY. SCTM#1000-59-8-5.8. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Schneider, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 9:45 A.M. - JAMES HUETTENMOSER#7024 by Joan Chambers,Agent. Request for a Variance under Article XXIII, Section 280-124; and the Building Inspector's November 9 2016, Amended November 23, 2016 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling at: 1) less than the code required minimum front yard setback of 35 feet; located, at: 65 Bayview Drive, East Marion, NY. SCTM#1000-37-1-1. 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 close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted(4-0).Member Goehringer was absent. 10:00 A.M. - KENNETH ZAHLER#7011 by Ken Zahler, owner. Request for a Variance under Article XXII, Section 280-105 and the Building Inspector's October 14, 2016, Notice of Disapproval based on an application to legalize an "as built" fence, at: 1) more than the code required maximum four (4) feet in height when located in the front yard; located, at: 63735 Suffolk County Route 48, (Adj. to the Long Island Sound) Greenport, NY. SCTM#1000-40-1-20.2. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Horning, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 10:06 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 (4-0). Member Goehringer was absent. 10:16 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(4-0). Member Goehringer 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: 10:16 A.M. - BRUCE AND LEONA GOODHEART #7019 by Michael Kimack, Agent. Page 4—Minutes Regular Meeting held February 2, 2017 Southold Town Zoning Board of Appeals Request for a Variance under Article XXIII, Section 280-124 and the Building Inspector's September 29, 2016, Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelhng, at: 1) the proposed additions and alteration is less than the code required side yard minimum setback of 10 feet; located, at: 350 Second Avenue, Peconic, NY. SCTM#1000-67-4-24. 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 Goehringer was absent. 10.28 A.M. Motion was offered by Chairperson Weisman, seconded by Member Horning to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted(4-0). Member Goehringer was absent. 1046 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(4-0). Member Goehringer 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: 10:46 A.M. - SUSANNAH MCDOWELL#7021 by Joseph Walker, Agent. Request for a Variance under Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector's October 26, 2016, Notice of Disapproval based on an application for a permit to demolish and reconstruct an existing nonconforming accessory garage at: 1) less than the code required minimum front yard setback of 40 feet, 2) less than the code required side yard setback of 10 feet; located, at: 180 Strohson Road, (Adj. to the Sheep Pen Channel) Cutchogue, NY. SCTM#1000-103-10-17. 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 Goehringer was absent. 11:04 A.M. - ALBERT LEUTWYLER#7022 by Albert Leutwyler, owner. Request for a Variance under Article XXIII, Section 280-124; and the Building Inspector's November 21, 2016, Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing 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: 4573 Wickham Avenue, (Adj. to Long Creek) Mattituck, NY. SCTM# 1000-107-4-5. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Schneider, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted(4-0). Member Goehringer was absent. 11:15 A.M. - MGH ENTERPRISES. INC..VERIZON WIRELESS #7023 by Denise Page 5—Minutes Regular Meeting held February 2, 2017 Southold Town Zoning Board of Appeals Vista, Agent. Request for a Variance under Article XIII, Section 280-56; and the Building Inspector's October 18, 2016 Notice of Disapproval based on an application for a permit to collocate a wireless communications facility on subject property at: 1) less than the code required minimum side yard setback of 25 feet; located, at: 40200 NYS Route 25, (Adj. to Gardeners Bay) Orient, NY. SCTM# 1000-15-9-8.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Horning, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 1129 A.M. Motion was offered by Chairperson Weisman, seconded by Member Schneider to recess for lunch. Vote of the Board: Ayes: All. This Resolution was duly adopted(4-0). Member Goehringer was absent. 1:07 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 Goehringer 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: 1:07 P.M. - WILLIAM GREMLER, JR. AND MICHAEL MURPHY#7025 by Anthony Palumbo, Agent; Bill Gremler, owner; Peter Harris and Greg Hallock, against; Linda Bederman, neither support or oppose. Request for a Waiver of Merger petition under Article II, Section 280-10A, to unmerge land identified as SCTM No. 1000-41-1-30, which has merged with SCTM No. 1000-41-1-24, based on the Building Inspector's September 29, 2016 Notice of Disapproval, which states that a nonconforming lot shall merge with an adjacent conforming or nonconforming lot held in common ownership with the first lot at any time after July 1, 1983 and that non-conforming lots shall merge until the total lot size conforms to the current bulk schedule requirements (minimum 40,000 sq. ft. in the R-40 Residential Zoning District); located, at: 980 Washington Avenue, Greenport, NY. SCTM Nos.1000-41-1-24 and 1000-41-1- 30. 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 Goehringer was absent. 1:45 P.M. - CAPTAIN RED'S MARINE SALES, INC. #7014 by Karen Hoeg, Attorney. Request for Variance(s) under Article XI, Section 280-49; Article XVIII, Section 280- 78(I); 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; 3) no off- street parking spaces shall be located in any residence district unless the use to which they are accessory is permitted in such district or upon approval of the Board of Appeals; located, at: 9605 Route 25, Mattituck, NY. SCTM#1000-122-6-12. BOARD Page 6—Minutes Regular Meeting held February 2, 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 Dantes, to adjourn the hearing to February 16, 2017, pending receipt of survey showing building bays;vehicle equipment on parcel and structures on adjoining parcels. Vote of the Board:Ayes: A.R. This Resolution was duly adopted (4-0). Member Goehringer was absent. 2:11 P.M. - ARETI LAVALLE#7026 by Chuck Thomas, Agent. Request for a Variance under Article XXII, Section 280-116A; and the Building Inspector's November 16 2016, Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling at: 1) proposed additions and alterations located less than the code required 100 feet from top of the bluff, located, at: 555 Soundview Avenue, (Adj. to Long Island Sound) Orient, NY SCTM#1000-15-3- 7. 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 (3-0). Members Goehringer and Horning were absent. 2:16 P.M. Member Horning left. 2:20 P.M. — TOWN OF SOUTHOLD PLANNING BOARD/SURREY LANE VINEYARDS #7039 The Southold Town Planning Board has requested that the Southold Town Zoning Board of Appeals make an interpretation, pursuant to Article III, Section 280-13 A(4) of the Southold Town Code and Planning Board Memorandum dated January 3, 2017, to request a code interpretation as to whether the proposed site plan for Surrey Lane Vineyards can be considered a winery and a permitted use and to determine what activities must take place in order to constitute "wine production." The Planning Board further requests the Zoning Board of Appeals to provide an interpretation of"wine tastings" and"wine tasting rooms" relative to the proposed site plan for Surrey Lane Vineyards, located at: 46975 Route 25 (Main Road), Southold, NY. SCTM#1000-69-1-18.1 & 69-1-18.6. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Schneider, to adjourn the hearing to April 6, 2017 per request of representative. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). Members Goehringer and Horning were absent. 2:20 p.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 duladopted (3-0). Members Goehringer and Horning were absent. EXECUTIVE SESSION: B. Attorney/Client advice. 2:40 p.m. Motion was offered by Chairperson Weisman, seconded by Member Schneider to exit Executive Session. Vote of the Board: Ayes: All. This Resolution was duly adopted(3-0)- Members Goehringer and Horning were absent. Page 7—Minutes Regular Meeting held February 2, 2017 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 2:41 P.M. Respectfully subm'tte Kim uentes o2. /x(0/2017 Included by Reference: Filed ZBA Decisions (0) ,L-- /U'- &4.- ' Leslie Kanes Weisman, Chairperson 2 jy/2017 RECEIVED Approved for Filing Resolution Adopted FEB 1721 • &tt�hOl'dTbwn Clerk