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Home My WebLink AboutZBA-09/07/2017 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson 'of sovjy� 53095 Main Road•P.O.Box 1179 Q O Southold,NY 11971-0959 Patricia Acampora [ Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.Goehringer a� 54375 Main Road(at Youngs Avenue) Nicholas Planamento �T NTY,N� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 MINUTES REGULAR MEETING THURSDAY, SEPTEMBER 7, 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 September 7, 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 (arrived 12 noon) Kim Fuentes, ZBA Secretary 8:39 A.M. Chairperson Weisman called the public hearings to order. 8:39 a.m. Motion was offered by Chairperson Weisman, seconded by Member Goehringer to enter into 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. 9:30 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). 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: Page 2—Minutes Regular Meeting held September 7, 2017 Southold Town Zoning Board of Appeals Type II Actions (No further steps- setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests): Bernadette Strachan, Estate Of Stuart Strachan and Kenneth Strachan, Jr.#7078 George F. Lanos#7081 Lisa and Charles Howard#7083 Patrick and Linda Kraus#7085 Chelsea Wilsberg-Chalone#7094 Tracy Peck and David Corbett#7087 Michael Harkin#7088 Vote of the Board: All. This resolution was duly adopted (5-0). 9:40 a.m. Chairperson Weisman called the meeting to order with the Pledge of Allegiance. DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: THOMAS PILESKI#7073—(Adj. from August 17, 2017) Request for a Variance under Article III, Section 280-15 and the Building Inspector's April 13, 2017 Notice of Disapproval based on an application for a permit to construct an accessory garage, at: 1) proposed accessory garage exceeding the code permitted maximum 750 square feet in total size; at: 1250 Ehjahs Lane, Mattituck, NY. SCTM#1000-108-3-5.11. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Member Planamento, seconded by Member Dantes, to DENY this application.Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 9:41 A.M. JEFFREY BROTHERS &ANDREW CANNING—Request for a variance from Article XXII, Section 280-105C(3) for an "As Built" deer fence. 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 TABLE THIS UNTIL LATER. 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: 9:42 A.M. - BERNADETTE STRACHAN, THE ESTATE OF STUART STRACHAN AND KENNETH STRACHAN, JR.#7078 by Patricia Moore,Agent; Elizabeth Holtzman and Helen Lechmanski in opposition. Request for a Variance under Article III, Section 280-14 and the Building Inspector's March 24, 2017, Notice of Disapproval based on a proposed subdivision application to legalize two unrecognized non- conforming lots; at: 1) proposed residential lots having less than the required 200,000 sq. ft. in area; at: 310 Narrow River Road, (Add. to Orient Harbor) Orient, NY. SCTM#1000-27-4-9.4 & 1000-27-4-9.5. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, h Page 3—Minutes Regular Meeting held September 7, 2017 Southold Town Zoning Board of Appeals motion was offered by Chairperson Weisman, seconded by Member Goehringer, to adjourn the public hearingto o September 21, 2017 (for written comment.Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 1018 A.M. - GEORGE F. LANOS#7081 by Patricia Moore,Agent. Request for a Variance under Article III, Section 280-15 and the Building Inspector's April 13, 2017, Notice of Disapproval based on an application for a permit to construct an accessory garage, at: 1) located in other than the code required rear yard; at: 460 Horton Avenue, Mattituck, SCTM#1000-141-2-7. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento, to close the hearing reserving decision. Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 1030 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). 1037 A.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes 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: 1037 A.M. - LISA AND CHARLES HOWARD#7083 by Ward Welch, Design Professional. Request for a Variance under Article III, Section 280-15,Article IV, Section 280-19, and the Building Inspector's April 26, 2017, Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool and a one story frame accessory pool house, at: 1) proposed in-ground swimming pool located in other than the code required rear yard; 2)proposed one story accessory pool house located in other than the code required rear yard; at: 455 North View Drive, Orient, NY. SCTM#1000-13-1-9.2. 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 the public hearing to September 21, 2017 pending receipt of amended Site Plan showing pool and pool house location, site section, and drainage plan. Vote of the Board:Ayes: All. This Resolution was duly adopted (5-0). 10:56 A.M. - PATRICK AND LINDA KRAUS#7085 by Patrick Kraus, owner. Request for a Variance under Article III, Section 280-15 and the Building Inspector's May 8, 2017, Amended May 30, 2017 Notice of Disapproval based on an application for a permit to legalize an "as-built" accessory shed, at: 1) located in other than the code required rear yard; at: 1305 Sandy Beach Road, Greenport, SCTM#1000-43-4-41. 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). Page 4—Minutes Regular Meeting held September 7, 2017 Southold Town Zoning Board of Appeals 11:05 A.M. - CHELSEA WILSBERG-CHALONE#7094 by Scott DeSimone,Agent. Request for a Variance under Article XXIII, Section 280-124; and the Building Inspector's June 19, 2017, Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling in conjunction with Building Permit No. 41688; at: 1) proposed additions less than the code required minimum front yard setback of 35 feet, at: 410 Cedar Drive, Mattituck, NY. SCTM#1000-106-10-20. 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.Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 11:15 A.M. - TRACY PECK AND DAVID CORBETT#7087 by Michael Kimack,Agent. Request for a Variance under Article XXIII, Section 280-124 and the Building Inspector's May 8, 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: 1305 Sigsbee Road, Mattituck, SCTM#1000-144-2-6. 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(5-0). RESOLUTIONS A. Reminder Confirmation: Special Meeting Date for September 21, 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 October 5, 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 August 17, 2016.Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:25 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). 11:32 A.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes to reconvene the Public Hearings. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dantes was out of the room. PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 11:35 A.M. - MICHAEL HARKIN#7088 John Wagner representing neighbor Gatz. Request for a Variance under Article III, Section 280-15 and the Building Inspector's Page 5—Minutes Regular Meeting held September 7, 2017 Southold Town Zoning Board of Appeals Renewed April 3, 2017 and Amended April 3, 2017 Notice of Disapproval based on an application for a permit to construct a new accessory hoop house and farm building, at: 1) proposed hoop house located in other than the code required rear yard, 2) proposed farm building not permitted on a residentially zoned parcel that is not recognized as bona fide agricultural production, 3) intent of use by design does not constitute a permitted farm building; located at: 6175 Sound Avenue, Mattituck, SCTM#1000-121- 1-4.3. . 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 the hearing to January 4, 2018 at 9:30 a.m. per request of applicant. Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Member Dantes recused himself. 1140 A.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento to take a short recess for lunch.Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dantes was out of the room. 1256 P.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes to reconvene the Public Hearings. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). 1256 P.M. JEFFREY BROTHERS &ANDREW CANNING—Request for a variance from Article XXII, Section 280-105C(3) for an"As Built" deer fence. 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, REJECT this application on the grounds that it is barred by Doctrine of Res Judicata.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: 1:00 P.M. - NORTH FORK UNITED METHODIST CHURCH (CV) (RMB REALTY, LLC)#6936SE by William Moore,Agent. (Adj. from April 7, 2016) Request for Special Exception per Code Section 280-48131, the applicant is requesting permission to construct and operate a house of worship and religious instruction, located at: 43960 County Route 48 (aka North Road) corner Horton Lane Southold, NY. SCTM#1000-63- 1-15. 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. - JOHN HEEG AND GIA FISCHETTI HEEG #7075SE (Adjourned from August 3, 2017) by Patricia Moore and Joseph Fischetti, Agents. Applicants request a Special Exception under Article III, Section 280-13B(13). The Applicants are owners of subject property requesting a permit to make additions and alterations to and convert an existing accessory barn into an Accessory Apartment that exceeds the maximum 750 sq. ft. in livable floor area and contains more than one permitted bathroom, at: 1945 Westphalia Road, Mattituck, NY. SCTM#1000-141-1-3;AND JOHN HEEG AND GIA FISCHETTI HEEG#7076 (Adjourned from August 3,2017) - Request for Variances under Article III, Section 280-15,Article IV, Section 280-19 and the Building Inspector's December 28, 2016,Amended January 3, 2017 Notice of Page 6—Minutes Regular Meeting held September 7, 2017 Southold Town Zoning Board of Appeals Disapproval based on an application for a permit to make additions and alterations to and convert an existing accessory barn into an Accessory Apartment, at 1) located less than the code required minimum side yard setback of 15 feet; 2)proposed accessory structure exceeding the code permitted maximum 750 square feet in total size, at: 1945 Westphalia Road, Mattituck, NY. SCTM#1000-141-1-3. 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 subject to receipt of plan showing 750 sf or less of livable floor area.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 1:58 P.M. R:Z=ud, Kim Fuentes 1021/2017 Included by Refer ce Filed ZBA Decisions (2) FIV2—20 elie Kanes Weisman, Chairperson / 1/2017 ' Approved for Filing Resolution Adopt d "7 Southold Town Clerk