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Home My WebLink AboutZBA-12/07/2017 BOARD MEMBERS ®f $®(oj° Southold Town Hall Leslie Kanes Weisman,Chairperson �`� �® 53095 Main Road•P.O.Box 1179 �® �® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.Goehringer 54375 Main Road(at Youngs Avenue) Nicholas Planamento lij'C®U .� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1509•Fax(631)765-9064 MINUTES REGULAR,MEETING THURSDAY, DECEMBER 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 December 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 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. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). EXECUTIVE SESSION: A.Attorney advice. 9:25 A.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora to exit Executive Session. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0 . 9:35 a.m. Chairperson Weisman called the meeting to order with the Pledge of Allegiance. STATE ENVIRONMENTAL QUALITY REVIEWS, Page 2—Minutes Regular Meeting held December 7, 2017 Southold Town Zoning Board of Appeals 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): Stritzler Family Trust#7106 Martha E. Rosenthal#7107 Zane Sellis#7108 Gian Mangieri#7109 Fleming TJ and HB Trust#7110 Jon Tomlinson and Herb Lewis#7111 Lori and Neil Kearns#7112 Durante and Anna Galeotafiore#7113 Matthew Mizrahi#7114 Shawn Fitzgerald/Fitzgerald S P Rev. Liv. Trust#7115 Vote of the Board: All. This resolution was duly adopted (5-0). DELIBERATIONS/POSSIBLE DECISIONS/R.ESOLUTIONS: ROBERT RAGONA#7060 — (Adj. from July 6, 2017) 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 Member Dantes, seconded by Member Goehringer, to DENY the request for an interpretation that the subject lot is exempt from merger pursuant to Section 280-10 of the Town Code of the Town of Southold; and DENY the applicant's request to remove the language referring to a subdivision of land in prior ZBA Decision # 3827. 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: 9:38 A.M. - STRITZLER FAMILY TRUST #7106 by Peter Stoutenburg, Agent. Request for a Variance under Article XXII, Section 280-116 and the Building Inspector's July 26, 2017 Notice of Disapproval based on an application for an amendment to the Building Permit No. 41221 to construct additions and Page 3—Minutes Regular Meeting held December 7, 2017 Southold Town Zoning Board of Appeals alterations to an existing single family dwelling; at: 1) located less than the code required 100 feet from the top of the bluff„ located at: 955 Soundview Avenue (Adj. to Long Island Sound), Mattituck, NY. SCTM#1000-94-1-8. 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). 9:51 A.M. - MARTHA E. ROSENTHAL#7107 by Steve Ham, Agent. Request for a Variance under Article XXIII, Section 280-124 and the Building Inspector's July 17, 2017, Amended July 31, 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) located less than the code required minimum rear yard setback of 35 feet; located at: 802 Munnatawket Avenue, Fishers Island, NY. SCTM#1000-6- 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 Acampora, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0 . 1000 A.M. - ZANE SELLIS #7108 by Artie Ramanauskas, Agent Request for a Variance under Article III, Section 280-15 and the Building Inspector's August 9, 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; located at: 25335 NYS Route 25, Orient, NY. SCTM#1000-18-3-13. 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 (5-0). RESOLUTIONS: A. Reminder Confirmation: Special Meeting Date for December 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 January 4, 2018, 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 November 16, 2017. Vote of the Board: Ayes: All, This Resolution was duly adopted (5-0).. Page 4—Minutes Regular Meeting held December 7, 2017 Southold Town Zoning Board of Appeals 1012 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). 1016 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: 1016 A.M. - GIAN MANGIERI#7109 by Martin Finnegan, Agent; Gian Mangieri, owner; and Althea Travis, opposed. Request for a Waiver of Merger petition under Article II, Section 280-10A, to unmerge land identified as SCTM No. 1000-125-3- 18, which has merged with SCTM No. 1000-125-3-2.3, based on the Building Inspector's July 6, 2017 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 80,000 sq. ft. in the Agricultural Conservation Zoning District); located at: 2050 NYS Route 25, Laurel, NY. SCTM#1000-125-3-2.3 & 1000-125-3-18. 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. - FLEMING TJ AND HB TRUST #7110 by Patricia Moore, Agent and Ann Surchin, Architect. Request for Variances under Article XXIII, Section 280- 124 and the Building Inspector's July 20, 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; 2) less than the code required minimum rear yard setback of 35 feet; located at: 30 (a.k.a 355) Osprey Nest Road, Greenport, NY. SCTM#1000-35-6-18. 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 . 1110 A.M. - JON TOMLINSON AND HERB LEWIS #7111 by Vic Prusinowski, Agent. Request for a Variance under Article III, Section 280.15 and the Building Inspector's August 14, 2017 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool; at: 1) located in other than the code required rear yard; located at: 4525 Breakwater Road, Mattituck, Page 5—Minutes Regular Meeting held December 7, 2017 Southold Town Zoning Board of Appeals NY. SCTM#1000-99-2-17. 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 adjourn the hearing to December 21 2017 pending receipt of pool pump/filter equipment location and landscape plan from agent. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1130 A.M. - LORI AND NEIL KEARNS #7112 by Robert Brown, Agent. Request for a Variance under Article IV, Section 280-19 and the Building Inspector's July 14, 2017 Notice of Disapproval based on an application for a permit to make roof alterations to an existing accessory building (pool house); at: 1) less than the code required minimum setback from the property line of 15 feet; located at: 18075 Soundview Avenue (Adj. to the Long Island Sound), Southold, NY. SCTM#1000- 51-1-8. 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 5-0 . 1132 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). 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 (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. - DURANTE AND ANNA GALEOTAFIORE #7113 by Frank Notaro, Agent. Request for a Variance under Article XXIII, Section 280-124 and the Building Inspector's August 23, 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; located at: 2675 Hobart Road, Southold, NY. SCTM#1000-64-5-32. 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:AllThis Resolution was duly adopted (5-0). 1:17 P.M. - MATTHEW MIZRAHI #7114 By Patricia Moore, Agent; Matthew Mizrahi, owner and John Rooney, opposed. Request for a Variance under Article Page 6—Minutes Regular Meeting held December 7, 2017 Southold Town Zoning Board of Appeals IV, Section 280-19 and the Building Inspector's August 4, 2017 Notice of Disapproval based on an application for a permit to legalize "as built" accessory ground-mounted solar panels; at: 1) located less than the code required minimum setback from the property line of 15 feet; located at: 530 Hobart Road, Southold, NY. SCTM#1000-64-1-32. 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 (5-0). 1:40 P.M. - SHAWN FITZGERALD/FITZGERALD S P REV. LIV. TRUST #7115 by Michelle Davis, Agent and Chris Kelly, opposed. Request for a Variance from Article XXII Section 280-105C and the Building Inspector's July 27, 2017 Notice of Disapproval based on an application for building permit to construct an eight (8) foot deer fence, at; 1) more than the code required maximum four (4) feet in height when located in the front yard, located at: 495 Paddock Way, Mattituck, NY. SCTM#1000-107-4-2.10. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Acampora, to adjourn the hearing to December 21 2017,amending receipt of amended survey showing modified fence plan/location and landscape plan from agent. 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 2:20 P.M. Respectfully ubm'tted, ,_ Kim Fuentes /9-/-2)/2017 Include y erence: Filed ZBA Decisions (1) RECEIVED DEC 262(�� Le e Kanes We'sman, Chairperson /2- 4 /2017 Approved for Filing Resolution Adopted Southold Town Clerk