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Home My WebLink AboutZBA-10/05/2017 BOARD MEMBERS fjF S0Southold Town Hall Leslie Kanes Weisman,Chairperson �� yp 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acamporat Office Location: Eric Dantes `n Town Annex/First Floor,Capital One Bank Gerard P.Goehringer �Q 54375 Main Road(at Youngs Avenue) Nicholas Planamento I�Com�`tv 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, OCTOBER 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 October 5, 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 8:43 A.M. Chairperson Weisman called the public hearings to order. 8:43 a.m. Motion was offered by Chairperson Weisman, seconded by Member Planamento to enter into Executive Session for Attorney/Client advice.Vote of the Board: Ayes: All. This Resolution was duly dopted (5-0). EXECUTIVE SESSION: A. Attorney/Client advice. 920 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). WORK SESSION: A. Requests from Board Members for future agenda items. B. November 16th Board Training—Case Law Update. 9:26 a.m. Chairperson Weisman called the meeting to order with the Pledge of Allegiance Page 2—Minutes Regular Meeting held October 5, 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 applications as Type II Actions and not subject to environmental review pursuant to State Environmental Quality Review (SEAR) 6 NYCRR, Part 617.5 (c) (3), 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): Roman Watroba—Country Car Wash#7082SE Roman Watroba—Country Car Wash#7084 Brion Lewis—#7086SE Anthony Pirozzi, Jr.#7089 Jeffrey S. MacDonald and Courtney MacdDnald#7090 Frank McGinnis and Catherine McGinnis#7092 Arthur Gruneisel and Juliane Tomiser Gruneisel#7092 Barry D. Barth#7095 Steven and Janine Racanelli#7096SE Steven and Janine Racanelli#7097 Vote of the Board: All This resolution was duly adopted (5-0). POSSIBLE RESOLUTION TO CLOSE THE FOLLOWING HEARINGS: BERNADETTE STRACHAN, THE ESTATE OF STUART STRACHAN AND KENNETH STRACHAN. JR.#7078—(Add. from September 7, 2017) 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 nonconforming lots; at: 1) proposed residential lots having less than the required 200,000 sq. ft. in area; at: 310 Narrow River Road, (Adj. 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, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to adjourn the Public Hearing to January 4, 2018 at 9:30 a.m. Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: LISA AND CHARLES HOWARD#7083—(Adjourn from September 7, 2017) 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 Page 3—Minutes Regular Meeting held October 5, 2017 Southold Town Zoning Board of Appeals 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 Member Goehringer, seconded by Member Planamento, to GRANT this application AS AMENDED WITH CONDITIONS.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: 9:36 A.M - ROMAN WATROBA—COUNTRY CAR WASH#7082SE by Andrew Watroba and Roman Watroba, owners Request for Special Exception per Town Code, Article XI, Section 280-48 B(11), the applicant is requesting permission to legalize "as- built" additions to an existing car wash (automobile laundry), located at: 6565 NYS Route 25, Laurel, NY. SCTM#1000-125-1-19.5. 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 (5-0). 9:36 A.M. - ROMAN WATROBA—COUNTRY CAR WASH#7084 by Andrew Watroba and Roman Watroba, owners. Request for a Variance under Article XI, Section 280-49 and the Building Inspector's May 11, 2017, Notice of Disapproval based on an application for a permit to legalize "as-built" additions and alterations to an existing car wash (automobile laundry; at: 1) less than the code required minimum side yard setback of 25 feet; at: 6565 NYS Route 25, Laurel NY. SCTM#1000-125-1-19.5. 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 (5-0). RESOLUTIONS A. Reminder Confirmation' Special Meeting Date for October 19, 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 November 2, 2017 at 8:30 AM. 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 September 21, 2017.Vote of the Board: Ayes: All This Resolution was duly adopted (5-0). 9:45 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). 9:54 A.M. Motion was offered by Chairperson Weisman, seconded by Member Page 4—Minutes Regular Meeting held October 5, 2017 Southold Town Zoning Board of Appeals 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: 9:54 A.M. -ANTHONY PIROZZI, JR.#7089 by Mike Kimack,Agent;Anthony Pirozzi, owner; Klari Neuwelt in opposition. Request for a Variance under Article XXIII, Section 280-124 and the Building Inspector's May 24, 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 side yard setback of 15 feet; at' 1769 Smith Road, (Adj. to Hog Neck Bay) Peconic, NY. SCTM#1000-98-4-20. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to close the hearing reserving decision sublect to receipt of additional information to include information relating to a NYS Variance 2014-0038 and photos of existing plantings for screening. Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0) 1049 A.M. - JEFFREY S. MACDONALD AND COURTNEY MACDONALD#7090 by Steve Hamm, Agent. Request for Variances under Article XXIII, Section 280-124 and the Building Inspector's May 15, 2017, Notice of Disapproval based on an application for a permit to reconstruct an existing deck and pergola attached to an existing single family dwelling; at: 1) less than the code required minimum front yard setback of 35 feet; 2) more than the code permitted maximum lot coverage of 20% at' 324 Avenue B, Fishers Island, NY. SCTM#1000-6-2-13.1. 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). 1055 A.M. - FRANK MCGINNIS AND CATHERINE MCGINNIS#7092 by Eileen Santora, Agent Request for a Variance under Article XXIII, Section 280-124 and the Building Inspector's June 7, 2017, Notice of Disapproval based on an application for a permit to legalize "as-built" additions and alterations to an existing single family dwelling; at: 1) less than the code required minimum front yard setback of 35 feet; at: 490 Windy Point Lane, Southold, NY. SCTM#1000-78-6-11. 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). 1100 A.M. -ARTHUR GRUNEISEL AND JULIANE TOMISER GRUNEISEL#7092 by Patricia Moore,Agent and Arthur Gruneisel, owner. Request for Variances under Article III, Section 280-15;Article XXIII, Section 280-124; and the Building Inspector's June 7, 2017, Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling and an existing Page 5—Minutes Regular Meeting held October 5, 2017 Southold Town Zoning Board of Appeals accessory garage; at: 1) proposed additions less than the code required minimum side yard setback of 15 feet; 2) existing accessory garage located in other than the code required rear yard at: 2875 Pine Tree Road, Cutchogue, NY. SCTM#1000-104-3-7. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 1105 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). 1110 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: 1110 A.M. - BRION LEWIS#7086SE by Brion Lewis, owner; Mike Domino; John Rooney; Dorothy Philips; Emily Franchina; and Linda Kessler in opposition. Applicants request a Special Exception under Article III Section 280-13B(14). The Applicant is the owner requesting authorization to establish an Accessory Bed and Breakfast, accessory and incidental to the residential occupancy in this single-family dwelling, with three (3) bedrooms for lodging and serving of breakfast to the B&B casual, transient roomers. Located at: 315 Maple Lane, Southold, NY. SCTM#1000-64- 1-24 BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to adjourn the hearing to October 19, 2017. Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 11:58 A.M. BARRY D. BARTH#7095 by Barry and Judy Barth, owners. Request for a Variance under Article XXII, Section 280-116 and the Building Inspector's June 1, 2017, Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling; at: 1) located less than the code required 100 feet from the top of the bluff; at: 2040 Central Drive, (Adj. to Long Island Sound) Mattituck, NY SCTM#1000-106-1-26. 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 (5-0). 12:05 P.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). 1:05 P.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer to reconvene the Public Hearings. Vote of the Board: Ayes: All. This Page 6—Minutes Regular Meeting held October 5, 2017 Southold Town Zoning Board of Appeals 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: 1:05 P.M. - STEVEN AND JANINE RACANELLI#7096SE by Don Feiler, Architect; Steve Racanelh, owner; Bob Harts in support; and Margaret Ashton neither for nor against. Request for a Special Exception per Town Code, pursuant to Article VIII, Section 280-38 B(3), the applicant is requesting permission to convert an existing two story single family dwelling into a professional office with second floor apartments, located at: 870 Love Lane, Mattituck, NY. SCTM#1000-140-2-17. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento, to close the hearing reserving decision. Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 1:05 P.M. - STEVEN AND JANINE RACANELLI #7097 by Don Feiler, Architect; Steve Racanelli, owner; Bob Harts in support; and Margaret Ashton neither for nor against. Request for a Variance under Article VIII, Section 280-39 and the Building Inspector's June 29, 2017, Amended June 30, 2017, Notice of Disapproval based on an application for a permit to convert a single family dwelling into a professional office with residential apartments above, and to convert an open porch into conditioned space; at: 1) 1) less than the code required minimum front yard setback of 50 feet; at: 870 Love Lane, Mattituck, NY. SCTM#1000-140-2-17. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento, to close the hearing reserving decision. 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 1:35 P.M. Respectfully ubmitte , Kim Fuentes to /x'2017 Inclu by Reference: Filed ZBA Decisions (1) RECEIVE Leslie Kanes Weisman, Chairperson /� 2017 Approved for Filing Resolution Adopted Southold Towyn Clerk