The URL can be used to link to this page

Home My WebLink AboutZBA-03/02/2017 BOARD MEMBERS OF SU!/r Southold Town Hall Leslie Kanes Weisman,Chairperson �o�� yQIO 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes [ Office Location: Gerard P.Goehringer G h Town Annex/First Floor,Capital One Bank George Horning �Q �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider IyCQuNT`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, MARCH 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 March 2, 2017 commencing at 8:30 A.M. Present were: Leslie Kanes Weisman, Chairperson/Member Gerard P. Goehringer, Member Ken Schneider, Member Eric Dantes, Member George Horning, Member William Duffy, Town Attorney Kim Fuentes, ZBA Secretary 8:37 A.M. Chairperson Weisman called the public hearings to order. WORK SESSION: A. Requests from Board Members for future agenda items. B. SEQRA review for commercial projects. C. Training for SEQRA, Case Law, and NYS Agriculture and Markets Law. 9:15 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. 9:40 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(5-0). Page 2—Minutes Regular Meeting held March 2, 2017 Southold Town Zoning Board of Appeals 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): David Bofill#7028 John E. McDonald & Catherine McDonald#7036 John Murname#7027 David And Judith Miller#7031 Marialice Doyle#7033 Lejon Enterprises, Inc.#7034 Ian And Lynette Crowley.#7035 Town Of Southold Planning Board/Ackermann Agricultural Barn#7037 Vote of the Board: All. This resolution was duly adopted (5-0). RESOLUTIONS A. Reminder Confirmation: Special Meeting Date for March 16, 2017 at 5:00 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 April 6, 2017 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 Goehringer to approve Minutes from Special Meeting held February 19, 2017. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Chairperson Weisman opened the Public Hearings with the Pledge of Allegiance. POSSIBLE RESOLUTION TO CLOSE THE FOLLOWING HEARINGS: 9:50 A.M. CAPTAIN RED'S MARINE SALES. INC.#7014—(Adjourned from February 2, 2017) Request for Variance(s) under Article XI, Section 280-49; Article XVIII, Section 280-78(1); 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. Page 3—Minutes Regular Meeting held March 2, 2017 Southold Town Zoning Board of Appeals SCTM#1000-122-6-12. 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 March 16, 2017, pursuant to request received from agent requesting postponement.Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: WILLIAM GREMLER, JR. AND MICHAEL MURPHY #7025- (Closed Hearing on February 2, 2017) 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 non-conforming 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: Motion was offered by Member Schneider, seconded by Member Dantes, to DENY this application. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-1). Member Goehringer abstained. PUBLIC HEARINGS: The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 9:55 A.M. - R. BRADFORD BURNHAM III #7015 (Adjourned from January 5, 2017). 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: Pemmnsula 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 Horning, to adjourn the hearing to April 6, 2017, pursuant to request received from agent. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:55 A.M. - ELIZABETH BRANCH #7010 (Adjourned from January 5, 2017). 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: 1560 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 Dantes, to adjourn the Page 4—Minutes Regular Meeting held March 2, 2017 Southold Town Zoning Board of Appeals hearing to May 4, 2017, pursuant to request received from agent Vote of the Board: Ayes:All. This Resolution was duly adopted (5-0). 1000 A.M. - DAVID BOFILL#7028 by Pat Moore, Agent. Request for Variances under Article III, Section 280-15; Article IV, Section 280-19; and the Building Inspector's November 16, 2016 Notice of Disapproval based on an application for a permit to legalize two "as built" accessory buildings and an "as built" accessory deck, at: 1) accessory structures located less than the code required minimum side yard setback of 10 feet, at: 5785 Vanston Street, (Adj. to Wunneweta Pond) Cutchogue, NY. SCTM#1000-118-1-1.4. 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 close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1022 A.M. - JOHN E. MCDONALD AND CATHERINE MCDONALD #7036 by John McDonald, owner. Applicants request a Special Exception under Article III, Section 280-1313(13). The Applicants are owners of subject property requesting authorization to establish an Accessory Apartment in an accessory (garage) structure, at: 1235 Winneweta Road, Cutchogue, NY. SCTM#1000-104-12-12.2. 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 dopted (5-0). 10:30 A.M. - JOHN MURNAME#7027 by Mike Kimack, Agent. Request for Variances under Article XXIII, Section 280-124 and the Building Inspector's October 31, 2016 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling and a new accessory garage, 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, 3) accessory garage located in other than the code required rear yard, located at; 125 Bow Road, Southold, NY. SCTM#1000-87-2-33. 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 corrected survey. Vote of the Board: Ayes:All. This Resolution was duly adopted (5-0). 10:40 A.M. - DAVID AND JUDITH MILLER#7031 by David Miller and Judith Miller, owners. Request for a Variance under Article III, Section 280-15; and the Building Inspector's October 14, 2016 Notice of Disapproval based on an application for a permit to remove an existing swimming pool and to construct a new accessory in-ground swimming pool, at: 1) located in other than the code required rear yard, located at; 370 South View Drive, Orient, NY, SCTM#1000-13-1-9.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Page 5—Minutes Regular Meeting held March 2, 2017 Southold Town Zoning Board of Appeals Goehringer, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1045 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). 10:55 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 (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: 1055 A.M. - MARIALICE DOYLE #7033 by Marialice Doyle and Patricia Doyle, owners. Request for a Variance under Article XXIII, Section 280-124; and the Building Inspector's October 24, 2016 Notice of Disapproval based on an application for a permit to construct an addition (three season's room) to a single family dwelling, at: 1) addition located at less than the code required minimum rear yard setback of 50 feet, located at; 3585 Great Peconic Bay Boulevard, Laurel, NY, SCTM#1000-128-3-12.5. 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 subject to receipt of CO for pool Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 1104 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 (5-0). 1115 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). PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 11:15 A.M. - LEJON ENTERPRISES, INC.#7034 (Contract Vendee)by John Hoeffner. Request for a Variance under Article XXIII, Section 280-124; and the Building Inspector's November 28, 2016 Notice of Disapproval based on an application for a permit to construct a new single family dwelling, at: 1) proposed dwelling less than the code required minimum rear yard setback of 35 feet, located at; 6125 County Route 48, Mattituck, NY, SCTM#1000-139-3-49. 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 survey. Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). Page 6—Minutes Regular Meeting held March 2, 2017 Southold Town Zoning Board of Appeals 1130 A.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes to recess for lunch. Vote of the Board: Ayes: All. This Resolution was duly adopted (5- 0). Member Goehringer was absent. 1:00 P.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 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: 1:00 P.M. - IAN AND LYNETTE CROWLEY. #7035 by Joan Chambers, Agent. Request for Variances under Article III, Section 280-15;Article XXIII, Section 280-124; and the Building Inspector's December 7, 2016 Notice of Disapproval based on an application for permits to legalize an "as built" deck addition attached to an existing single family dwelling and an "as built" accessory pergola, at: 1) "as built" deck addition less than the code required minimum front yard setback of 50 feet, 2) "as built" accessory pergola located in other than the code required rear yard, located at; 1315 Hillcrest Drive, Orient, NY, SCTM#1000-13-2-8.10. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). 1:19 P.M. - TOWN OF SOUTHOLD PLANNING BOARD/ACKERMANN AGRICULTURAL BARN #7037 by Gwen Groocock, representative; Gail Wickham; Nancy Sawastynowicz; Mark Sawastynowicz; Diane Crosser; Richard Matthews, all in opposition. The Southold Town Planning Board has requested that the Southold Town Zoning Board of Appeals, pursuant to the Planning Board Memorandum dated December 2, 2016, provide an interpretation as to whether agricultural equipment storage for a vineyard management operation qualifies as a permitted agricultural storage use relative to a proposed building located on eight acres of lands on which development rights are owned by the Town, located at: 1350 Alvahs Lane, Cutchogue, NY. SCTM#1000-102-4-6.1. 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 adjourn the hearing to March 16, 2017. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). Members Horning and Dantes were absent. 2:15 P.M. Members Horning and Dantes left. Page 7—Minutes Regular Meeting held March 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 3:00 P.M. 1 Respe tfully s bmi ed, Kim Fuentes 3 //�/2017 Include Reference: Filed ZBA Decisions (1) 042 RECEIVED Leslie Kanes Weisman, Chairperson /'6/2017 Approved for Filing Resolution Adopte Southold Town Chrk