The URL can be used to link to this page

Home My WebLink AboutZBA-07/06/2017 BOARD MEMBERS OF soar Southold Town Hall Leslie Kanes Weisman,Chairperson r , �� y� 53095 Main Road•P.O.Box 1179 �® l0 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes G Q Town Annex/First Floor,Capital One Bank Gerard P.Goehringer '�c►O ^��® 54375 Main Road(at Youngs Avenue) Nicholas Planamento C®UNT`ISouthold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 MINUTES REGULAR MEETING THURSDAY, JULY 6, 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 July 6, 2017 commencing at 8:30 A.M. Present were: Leslie Kanes Weisman, Chairperson/Member Patricia Acampora, Member Eric Dantes, Member Gerard P. Goehringer, Member Nicholas Planamento, Member William Duffy, Town Attorney Kim Fuentes, ZBA Secretary 8:30 A.M. Chairperson Weisman called the public hearings to order. WORK SESSION: A. Requests from Board Members for future agenda items. B. Discuss Waiver of Merger Law. C. SEQRA Review Consulting Fees relating to Special Exception Applications. D. Training Proposal to Town Board — Town Board Resolution adopted July 5, 2017; includes case law,Agricultural &Markets Law and SEQRA. E. Annual Fishers Island trip on August 9, 2017, and potential site visit to applicant, McDonald#7090. F. Special Event discussion with Town Board, code enforcement and changes to be implemented pursuant to Code Committee recommendations. G. Public hearing scheduled for Sports East application#7091 in August. STATE ENVIRONMENTAL QUALITY REVIEWS; A. BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to declare the following Declarations with No Page 2—Minutes Regular Meeting held July 6, 2017 Southold Town Zoning Board of Appeals Adverse Effect for the following projects as applied: Type II Actions (No further steps- setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests): Rose M. Wells#7058 Orioli & Son Rental East. LLC#7059 Patrick and Diane Severson #7062 Robert Ragona#7060 Eve Macsweeney and Veronica Gonzalez #7063 Theodora Tsatsos#7067 Karras Upstate, LLC#7070 Louis Bonetti#7071 Vote of the Board: All. This resolution was duly dopted (5-0). DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: MARIALICE DOYLE#7033 - 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 grant the variance as applied. Vote of the Board Anes:All. This Resolution was dul�dopted (3 0-2) Members Acampora and Planamento abstained. CROTEAUX VINEYARDS #7013 — 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 deny the variance application. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Planamento was recused. MATTEBELLA VINEYARDS #7041 — Gail Wickham, Agent present. Request for Variances under Article III, Section 280-14 and Section 280-15, and the Building Inspector's November 16, 2016, Amended January 27, 2017 Notice of Disapproval based on an application for permits to legalize seven (7) "as built" residential and agricultural related buildings, and to allow both residential and winery uses upon a 134,246 sq. ft. developable portion of a parcel at: 1) building nos. 3, 4, 5, 6, 9 and 14 are located less than the code required side yard minimum setback of 20 feet; 2) building no. 14 is located less than the rear yard minimum setback of 75 feet; 3) residential accessory structure, building no. 2, located less the code required side yard minimum Page 3—Minutes Regular Meeting held July 6, 2017 Southold Town Zoning Board of Appeals setback of 25 feet; 4) residential and winery uses upon a single parcel less than the minimum allowed 160,000 sq. ft. in total area, at: 46005 Main Road, Southold NY. SCTM#1000-75-2-15.1 & 15.2. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Member Dantes, seconded by Chairperson Weisman, to grant the variance in part and deny the variance in part. Vote of the Board: Ayes: Members Dante, Planamento, Acampora, Weisman (Chairperson) Abstained: Member Goehringer. This Resolution was duly adopted(4-0-1). 9:35 a.m. Chairperson Weisman called the meeting to order 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: 9:35 A.M. - ROSE M. WELLS#7058 by Kevin McLaughlin, Attorney;Angela Savino, against. Request for a Waiver of Merger petition under Article II, Section 280-10A, to unmerge land identified as SCTM No. 1000-88-3-9, which has merged with SCTM No. 1000-88-3-8.1, based on the Building Inspector's February 17, 2017 Notice of Disapproval, which states that a non-conforming lot shall merge with an adjacent conforming or non-conforming 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: 700 Gin Lane, Southold, NY. SCTM Nos.1000-88-3-9 and 1000-88-3-8.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to close the hearing reserving decision.Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 9:52 A.M. - ORIOLI & SON RENTAL EAST, LLC#7059 by Joan Chambers, agent and Jim Orioli, owner. Request for Variances under Article X, Section 280-45; and the Building Inspector's December 22, 2016, amended January 12, 2017 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing commercial building at: 1) proposed additions to provide four (4) separate uses upon a single parcel less than the minimum allowed 80,000 sq. ft. in total area; located, at: 13175 Route 25, Mattituck, NY. SCTM# 1000-140-3-38.4. 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 the hearing to July 20, 2017 to receive an updated site plan/survey showing maximum parking yield on the subject property. Vote of the Board:Ayes'All. This Resolution was duly adopted(5-0). 10:07 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). 10:17 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 4—Minutes Regular Meeting held July 6, 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: 1018 A.M. - PATRICK AND DIANE SEVERSON #7062 by Nancy Steelman, Agent. Request for Variances under Article III, Section 280-15F and Article XXII, Section 280- 116A, and the Building Inspector's March 3, 2017, amended March 13, 2017 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling and to legalize an"as built" shed, at: 1) "as built" shed located less than the code required minimum front yard setback of 50 feet;2) "as built" shed located less than the code required 100 feet from the top of the bluff; 3) additions to the single family dwelling located less than the code required 100 feet from the top of the bluff, at: 9202 Bridge Lane, (Adj. to the Long Island Sound) Cutchogue, NY. SCTM#1000-73-2-3.1. 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 the hearing to July 20, 2017 to investigate applicability of the most current demolition code to the subject application.Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 10.40 A.M. - ROBERT RAGONA#7060 by Pat Moore, Agent; Robert Ragona, owner; Genevieve Neff,Adam Neff and Edwin Kinchief in opposition. Request an interpretation pursuant to Article 11, Section 280-10A and the Building Inspector's March 8, 2017 Notice of Disapproval based on an application for a waiver of merger. The applicant requests; 1) that the applicant be exempt from the Town of Southold Waiver of Merger Law; 2) that the Board amend Appeal#3827 dated October 4, 1989 to remove the reference of"subdivision;" located at: 350 Wood Lane, Greenport, NY. SCTM#1000-43-4-30. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to adjourn the hearing to November 2, 2017 at 10 a.m. Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 11:30 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). 11:41 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: 11:41 A.M. - EVE MACSWEENEY AND VERONICA GONZALEZ#7063 by Charles Cuddy,Agent and Stephen Feuerabendt, Barbara Friedman and unnamed speaker opposed. Request for Variances under Article III, Section 280-14, and the Building Inspector's January 17, 2017 Notice of Disapproval based on an application for a two Page 5—Minutes Regular Meeting held July 6, 2017 Southold Town Zoning Board of Appeals lot residential subdivision, at: 1) proposed residential lots having less than the code required minimum lot width of 175 feet, at: 2050 Platt Road, Orient, NY. SCTM#1000- 27-1-9. COURT ARRAIGNMENT 11:50 A.M. BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to recess for Court Arraignment. Vote of the Board: Ayes:All. This Resolution was duly adopted (5-0). 12:48 P.M. BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Planamento, to reconvene public hearings following Court Arraignment.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: EVE MACSWEENEY AND VERONICA GONZALEZ#7063 (CONTINUED) by Charles Cuddy,Agent and Stephen Feuerabendt, Barbara Friedman and unnamed speaker opposed. Request for Variances under Article III, Section 280-14, and the Building Inspector's January 17, 2017 Notice of Disapproval based on an application for a two lot residential subdivision, at: 1) proposed residential lots having less than the code required minimum lot width of 175 feet, at: 2050 Platt Road, Orient, NY. SCTM#1000-27-1-9. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Acampora, to close the hearing reserving decision.Vote of the Board:Ayes:All. This Resolution was duly adopted (5- i 12:58 P.M. —THEODORA TSATSOS#7067 by Pat Moore, Agent and Theodora Tsatsos, owner. Request for Variances under Article IV, Section 280-18, and the Building Inspector's March 22, 2017 Notice of Disapproval based on an application for a subdivision to create two residential lots, at: 1) proposed residential lots having less than the code required minimum lot width of 150 feet, 2) proposed residential lots having less than the minimum lot depth of 175 feet, 3) proposed residential lots having less than the required 40,000 sq. ft. in area; at: 1565 Greenhill Lane, Greenport, NY. SCTM#1000-33-2-24. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento, to close the hearing reserving decision subject to receipt of additional information from agent to include square footage and width of surrounding lots; and number of lots built bout; improved.Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0)] 1:30 P.M. - KARRAS UPSTATE, LLC#7070 by Nigel Williamson,Agent. Request for a Variance under Article III, Section 280-15 and the Building Inspector's April 7, 2017 Notice of Disapproval based on an application for a permit to legalize an"as built" accessory building (pool house), at: 1) located in other than the code required rear yard; located; at: 11920 Bayview Road, Southold, NY. SCTM#1000-88-5-28. BOARD Page 6—Minutes Regular Meeting held July 6, 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 Goehringer, to close the hearing reserving decision. Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 1:40 P.M. - LOUIS BONETTI#7071 by Robert Wilson, Agent. Request for a Variance under Article XXIII, Section 280-124 and the Building Inspector's March 29, 2017 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; at: 170 Silver Lane, Greenport, NY. SCTM#1000-47-2-3. 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 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 July 20, 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 August 3, 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 June 15, 2017. 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 2:00 P.M. Respec ully su mitt d, Kim Fuentes 1 Z 112017 In ud y Reference: d ZBA Decisions (3) ` REC-li1'E Ym Les e Kands Weism n, Chairperson //2017 Approved for Filing Resolution Adopte J L 2 4 20 7 Q Southold Town Clerk