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HomeMy WebLinkAboutZBA-11/02/2017 BOARD MEMBERS QF so Southold Town Hall Leslie Kanes Weisman,Chairperson �* y® 53095 Main Road-P.O.Box 1179 !® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes G Q Town Annex/First Floor,Capital One Bank Gerard P.Goehringer '�c® ® ^�a® 54375 Main Road(at Youngs Avenue) Nicholas Planamentoco Southold,NY 11971 9 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809-Fax(631)765-9064 MINUTES REGULAR,MEETING THURSDAY, NOVEMBER 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 November 2, 2017 commencing at 8:30 A.M. Present were: Leslie Kanes Weisman, Chairperson/Member Patricia Acampora, Member Gerard P. Goehringer, Member Nicholas Planamento, Member Damon Hagen,Assistant Town Attorney (8:30 am—9:30 am) William Duffy, Town Attorney (arrived: 9:30 am) Kim Fuentes, ZBA Secretary Absent: Eric Dantes, Member 8:36 A.M. Chairperson Weisman called the public hearings to order. 8:37 a.m. Motion was offered by Chairperson Weisman, seconded by Member Goehringer to enter into Work Session. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0)- Member Dantes was absent and Patricia Acampora was not present. WORK SESSION: A. Requests from Board Members for future agenda items. B. Review of Agenda Items and pending applications. RESOLUTIONS A. Reminder Confirmation: Special Meeting Date for November 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 Page 2—Minutes Regular Meeting held November 2, 2017 Southold Town Zoning Board of Appeals Hearings to be held December 7, 2017 at 8:30 AM. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dantes was absent. C. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Planamento to approve Minutes from Special Meeting held October 19, 2017. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dantes was absent. D. Reminder Confirmation: Training Scheduled—Case Law Update - 4:00 PM during Special Meeting 9:30 a.m. Chairperson Weisman called the meeting to order with the Pledge of Allegiance. 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 (SEQR) 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): Mattituck 2012, LLC#7098 Edward L. Daley and Diane L. Daley#7099 55500 Main Road, LLC—Eric and Susan Russell#7100 John Wickham#7101 Paul Pawlowski— Capital One Bank#7102 Sebastian Heath and Sarah Burnes#7105 William Grella and Gary Osborn#7104 Vote of the Board: All. This resolution was duly adopted (4-0). Member Dantes was absent. PUBLIC HEARINGS: The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 9:30 A.M. - MATTITUCK 2012. LLC#7098 by Mike Kimack,Agent. Request for Variances under Article IX, Section 280-42A and the Building Inspector's January 11, 2016,Amended March 30, 2016 and June 19, 2017 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling with a business office; at: 1) less than the code required minimum rear yard setback of 75 feet; 2) less than the code required minimum side yard setback of 20 feet; 3) less than the code required total side yard setback of 45 feet; at: 36570 NYS Route 25, Cutchogue, NY, SCTM#1000-97-3-2. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento, to adjourn the hearing to November 16, 2017 for additional information. Page 3—Minutes Regular Meeting held November 2, 2017 Southold Town Zoning Board of Appeals Vote of the Board:Ayes:All. This Resolution was duly adopted(4-0). Member Dantes was absent. 1000 A.M. - ROBERT RAGONA#7060 (Adj. from July 6, 2017) by Patricia Moore, Agent; Robert Ragona, owner; Edwin Kinscherf; Genevieve Neff and Adam Neff in opposition. Request an interpretation pursuant to Article II, 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 Planamento, to close the hearing reserving decision.Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Member Dantes was absent. 1040 A.M. - 55500 MAIN ROAD, LLC/ERIC AND SUSAN RUSSELL#7100 by Eric Russell, owner. Request for a Variance under Article XIX, Section 280-85 N(1), and the Building Inspector's July 18, 2017 Notice of Disapproval based on an application for a permit to install a wall sign; at: 1) proposed wall sign to project more than one foot from the exterior wall of the building; at: 55500 NYS Route 25 (Main Road), Southold, NY, SCTM#1000-62-3-1. 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 close the hearing reserving decision.Vote of the Board:Ayes:All. This Resolution was duly adopted(4-0). Member Dantes was absent. 1050 A.M.—WILLIAM GRELLA AND GARY OSBORN#7104 by William Grella, owner and Arlene Castellano, opposition. Request for Variances under Article III, Section 280-15;Article XIII, Section 280-55C(1); and the Building Inspector's July 19, 2017, Amended July 20, 2017 Notice of Disapproval based on an application to legalize an"as built" accessory outdoor shower; at: 1) located in other than the code required rear yard; 2) more than the code permitted maximum lot coverage of 30%: located at: 1200 First Street, (Ads. to Cutchogue Harbor) New Suffolk, NY. SCTM#1000-117-7-30. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Acampora, to close the hearing reserving decision. Vote of the Board:Ayes:AllThis Resolution was duly adopted (4-0). Member Dantes was absent. 11:10 A.M. - PAUL PAWLOWSKI — CAPITAL ONE BANK #7102 by Arlene Meh, Agent. Request for a Variance under Article XIX, Section 280-86C and the Building Inspector's May 25, 2017 Notice of Disapproval based on an application for a permit to erect a freestanding sign; at: 1) more than the code required maximum number of freestanding signs allowed on subject parcel, located at: 11600 NYS Route 25, (Main Road), Mattituck, NY. SCTM#1000-122-3-17.1. 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 4—Minutes Regular Meeting held November 2, 2017 Southold Town Zoning Board of Appeals Planamento, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted(4-0). Member Dantes was absent. 1123 A.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted(4-0). Member Dantes was absent. 1130 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 (4-0). Member Dantes 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: 1130 A.M. - EDWARD L. DALEY AND DIANE L. DALEY #7099 by Charles Cuddy, Agent; John Nastasi, Architect; Mark Miller, neighbor. Request for Variances under Article III, Section 280-15; Article XXIII, Section 280-124; 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 and to a pre-existing accessory (boathouse) building; at: 1) Single family dwelling located less than the code required minimum side yard setback of 20 feet; 2) Accessory building located less than the code required minimum side yard setback of 20 feet; at: 1350 Paradise Point Road, (Adj. to Southold Bay), Southold, NY, SCTM#1000-81-3-23. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: Ayes: All This Resolution was duly adopted (4-0). Member Dantes was absent. 1143 A.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member.Dantes was absent. 1:05 P.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento to reconvene the Public Hearings. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dantes 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: 1:05 P.M. — SEBASTIAN HEATH AND SARAH BURNES #7105 by Meryl Kramer, Agent. Request for Variances under Article XXIII, Section 280-124 and the Building Inspector's July 31, 2017 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing seasonal dwelling; at: 1) located less than the code required minimum rear yard setback of 35 feet; 2) more than the code permitted maximum lot coverage of 20%: located at: 435 Skippers Lane (a.k.a. State Street), Orient, NY. SCTM#1000-24-2-3. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving Page 5—Minutes Regular Meeting held November 2, 2017 Southold Town Zoning Board of Appeals 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(4-0). Member Dantes was absent. 1:20 P.M. - JOHN WICKHAM #7101 by Eric Bressler, Agent. Request for a Variance under Article IV, Section 280-14 and the Building Inspector's May 23, 2017 Notice of Disapproval based on an application for a permit for a lot line modification (to combine two lots and then create a new lot); at: 1) proposed lot measures less than the code required minimum lot area of 80,000 sq. ft. at: 744 Old Pasture Road, Cutchogue, NY, SCTM#1000-103-11-21 & 22.1. 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 (4-0). Member Dantes was absent. There being no other business properly coming before the Board at this time, the Chairperson declared the meeting adjourned. The meeting was adjourned at 1:30 P.M. Respec fully su mit ed, Kim Fuentes 11 /16/2017 Included by Reference: Filed ZBA Decisions (0) REC IV NO 2 0 2017 eslie Kanes Weisman, Chairperson , /f 16 /2017 Softhold Town Clerk Approved for Filing Resolution Adopte SCHEDULED SEQRA REVIEW AND TRAINING: (1:30 p.m. to 4.00 p.m.) Also present: Carrie O'Farrell; Heather Lanza and Mark Terry. A. State Environmental Quality Review Act (SEQRA) Training by Carrie O'Farrell of Nelson, Pope &Voorhis, LLC, SEQR Consultant. B. Preliminary Environmental Review (SEQRA) of the Special Exception Permit Application for the Enclaves Hotel and Restaurant by Consultant Carrie O'Farrell.