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Home My WebLink AboutZBA-01/18/2018 BOARD MEMBERS OF S (/T Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 �� l® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes G Town Annex/First Floor,Capital One Bank Gerard P.Goehringer 54375 Main Road(at Youngs Avenue) Nicholas Planamento COU 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,JANUARY 18,2018 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 January 18, 2017 commencing at 8:30 A.M. Present were: Eric Dantes,Vice Chair Nicholas Planamento,Member Patricia Acampora, Member William Duffy, Town Attorney Kim Fuentes, ZBA Secretary 9:00 A.M.Vice Chair Eric Dantes called the meeting to order. WORK SESSION: 1. Requests from Board Members for future agenda items. 2. Review ZBA policy on Extensions for variances. 9:45 a.m.Vice Chair Eric Dantes called the public hearing to order with the Pledge of Allegiance. STATE ENVIRONMENTAL QUALITY REVIEWS; BOARD RESOLUTION: Motion was offered by Eric Dantes, Vice Chair seconded by Member Acampora, 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): Harry and Elizabeth DiSimone#7121 Kathryn Farrand #7122 Page 2—Minutes Regular Meeting held January 18, 2018 Rescheduled Regular Meeting from January 4, 2018(Snow Day) Southold Town Zoning Board of Appeals Abidin Kandic #7116 David Hermer and Silvia Campo#7117 Peter And Elaine Psyllos#7124 860 Bayview Drive, LLC,#7125 Vote of the Board: All. This resolution was duly adopted 3-0). DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: SHAWN FITZGERALD/FITZGERALD S P REV. LIV. TRUST#7115 —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. A motion was offered by Member Dantes (Vice Chair), seconded by Member Acampora, to Adjourn the Hearin to o the regular meeting of March 1, 2018. Vote of the Board; Ayes: All, This Resolution was duly adopted(3-0). JON TOMLINSON AND HERB LEWIS #7111 —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, NY. SCTM#1000- 99-2-17. After receiving testimony, a motion was offered by Member Dantes (Vice Chair), seconded by Member Planamento, to DENY the request for a variance to the construction of an accessory in-ground swimming pool in a location other than the code required rear yard.. Vote of the Board: Ayes: All. This Resolution was duly adopted(3-0). THEODORE MARTZ #6844 -Request by the applicant to extend an area variance for one year to April 2, 2019, as per Chapter 280-146 of the Code of the Town of Southold upon premises located at 555 Broadwaters Road, Cutchogue,NY, SCTM 1000-104-12-6.3. A motion was offered by Member Dantes(Vice Chair) seconded by Member Acam_pora to GRANT the extension. Vote of the Board;Ayes: All,This Resolution was duly adopted (3-0). PUBLIC HEARINGS: The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 9:45 A.M. - BERNADETTE STRACHAN, THE ESTATE OF STUART STRACHAN AND KENNETH STRACHAN, JR. #7078 - By Patricia Moore, Agent for the contract vendee; Martin Finnegan,Agent for the owner; and Elizabeth Holtzman, opposed. Request for a Variance under Article III, Section 280-14 and the Building Inspector's March 24, 2017, amended November 20, 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; 2) proposed lot having less than the required minimum lot depth of 400 feet at: 310 Narrow River Road, (Adj. to Orient Harbor) Orient, NY. SCTM#1000-27-4-9.4 & 1000-27-4-9.5. BOARD Page 3—Minutes Regular Meeting held January 18, 2018 Rescheduled Regular Meeting from January 4, 2018 (Snow Day) Southold Town Zoning Board of Appeals RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, a motion was offered by Vice Chair Dantes, seconded by Member Planamento, to Adjourn the hearing to February 1, 2018 pending any written comments. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:30 A.M. Motion was offered by Vice Chair Dantes, seconded by Member Planamento to go in to Executive Session(Court Arraignment). Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). 11:05 A.M. Motion was offered by Vice Chair Dantes, seconded by Member Planamento to exit out of Executive Session and to reconvene public hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted 3-0). PUBLIC HEARINGS (continued): The following public hearings were held,with Vice Chair Dantes introducing each application and reading of the Legal Notice as published: 11:05 A.M. - HARRY AND ELIZABETH DISIMONE #7121 — By Patricia Moore, Agent, and Joe Reed, Contractor. Request for a Variance from Article III Section 280- 13C(2)(b) and the Building Inspector's August 21, 2017 Notice of Disapproval based on an application for building permit to convert an "as built" second dwelling unit in a pre- existing accessory garage into an accessory pool house with an "as built" second floor home office, at: 1) a home office in an accessory building is not permitted , located at: 1100 Youngs Road, Orient, NY. SCTM#1000-18-2-11.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, a motion was offered by Vice Chair Dantes, seconded by Member Planamento, to Adjourn the hearing to February 1, 2018 pending review of a PreCO and subject to additional research on the matter of pool houses. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). 11:30 A.M. - KATHRYN FARRAND #7122 — Pat Moore, Agent and James Mooney, Co-Owner. Request for Variances from Article III, Section 280-15; Article IV Section 280-18; and the Building Inspector's September 19, 2017, Amended October 10, 2017 Notice of Disapproval based on an application for a building permit to construct additions and alterations to an existing single family dwelling and to construct a new accessory garage, at; 1) single family dwelling, having two front yards, measures less than the code required minimum front yard setback of 50 feet, 2) accessory garage located in other than the code required rear yard; at: 4800 Nassau Point Road, Cutchogue, NY. SCTM # 1000- 111-8-12.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, a motion was offered by Vice Chair Dantes, seconded by Member Planamento, to Close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted(3-0). 11:45 A.M. - ABIDIN KANDIC #7116 —By Jakov Saric, Design Professional. Request for a Variance from Article XXIII Section 280-124 and the Building Inspector's June 30, 2017 Notice of Disapproval based on an application for building permit to construct a Page 4—Minutes Regular Meeting held January 18, 2018 Rescheduled Regular Meeting from January 4, 2018(Snow Day) Southold Town Zoning Board of Appeals garage addition to an "under construction" single family dwelling, at; 1) less than the code required minimum front yard setback of 40 feet, located at: 57130 Main Road, Southold NY. SCTM#1000-63-4-5.3._. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, a motion was offered by Vice Chair Dantes, seconded by Member Planamento, to Close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). 11:55 A.M. - DAVID HERMER AND SILVIA CAMPO #7117 — By Paul Rice, Design Professional. Request for a Variance from Article XXII Section 280-116 and the Building Inspector's August 7, 2017 Notice of Disapproval based on an application for building 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, located at: 3675 Nassau Point Road (Adj. to Little Peconic Bay), Cutchogue, NY. SCTM#1000-111-9-4.2. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, a motion was offered by Vice Chair Dantes, seconded by Member Planamento, to Adjourn the hearing to February 1, 2018 pending submission of comparable properties and aerial photographs by the applicant's agent. Vote of the Board: Ayes: All. This Resolution was duly adopted 3-0). 12:05 P.M. - PETER AND ELAINE PSYLLOS #7124 — By Bruce Anderson, Design Professional. Request for a Variance under Article XXII, Section 280-116 and the Building Inspector's August 31, 2017 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool, at: 1) located less than the code required 100 feet from the top of the bluff; located at: 2886 Ruth Road Ext., (Adj. to the Long Island Sound) Mattituck, SCTM#1000-105-2-1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, a motion was offered by Vice Chair Dantes, seconded by Member Planamento, to Adjourn the hearing to February 1, 2018 pending submission of comparable properties requiring bluff setback by the applicant's agent. Vote of the Board: Ayes: All. This Resolution was duly adopted(3-0). RESOLUTIONS RESOLUTION ADOPTED: Motion was offered by Vice Chair Dantes, seconded by Member Planamento to set the next Regular Meeting with Public Hearings to be held February 1, 2018 at 8:00 AM. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). RESOLUTION ADOPTED: Motion was offered by Vice Chair Dantes, seconded by Member Acampora to approve Minutes from Special Meeting held December 21, 2017. Vote of the Board: Ayes: All. This Resolution was dul.�adopted(3-0). 12:35 PM. Motion was offered by Vice Chair Dantes, seconded by Member Planamento to Adjourn for Lunch Break. Vote of the Board: Ayes: All. This Resolution was duly Page 5—Minutes Regular Meeting held January 18, 2018 Rescheduled Regular Meeting from January 4, 2018(Snow Day) Southold Town Zoning Board of Appeals adopted (3-0). 1:05 P.M. Motion was offered by Vice Chair Dantes, seconded by Member Planamento to reconvene public hearing.Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). PUBLIC HEARINGS (continued): The following public hearings were held,with Vice Chair Dantes introducing each application and reading of the Legal Notice as published: 1:05 P.M. - 860 BAYVIEW DRIVE, LLC, #7125—By Michael Kimack, Attorney at Law. Request for Variances under Article III, Section 280-15 and the Building Inspector's October 10, 2017, Amended October 27, 2017 Notice of Disapproval based on an application for a permit to construct an accessory outdoor kitchen and an accessory swimming pool; at: 1) Accessory outdoor kitchen located less than the code required minimum front yard setback of 40 feet, 2) Accessory swimming pool located in other than the code required rear yard; located at: 860 Bayview Drive, (Adj. to Spring Pond) East Marion,NY SCTM# 1000-37-5-10.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, a motion was offered by Vice Chair Dantes, seconded by Member Planamento, to Close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). There being no other business properly coming before the Board at this time,the Chairperson declared the meeting adjourned. The meeting was adjourned at 1:22 P.M. Resp ctful su itte K m Fuentes-. / f /2018 Included by Reference: Filed ZBA Decisions (1) RECEIVED FEB - 5Ol , Eric L. Dantes,Vice Chair / t /2018 Southold Town Clerk Approved for Filing Resolution Adopted