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Home My WebLink AboutZBA-02/01/2018 BOARD MEMBERS ®F so 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 PlanamentoC®UNT� 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,FEBRUARY 1,2018 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 February 1, 2017 commencing at 8:30 A.M. Present were: Leslie Kanes Weisman, Chairperson Eric Dantes,Vice Chair Nicholas Planamento,Member William Duffy,Town Attorney Kim Fuentes, ZBA Secretary 8:47 A.M. Chairperson Weisman called the meeting to order. 8:47 A.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes to enter into Executive Session. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). Members Goehringer and Acampora were absent. EXECUTIVE SESSION: A.Attorney advice. 9:29 A.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento to exit Executive Session.Vote of the Board: Ayes: All.This Resolution was duly adopted(3-0). Members Goehringer and Acampora were absent. WORK SESSION: 1. Requests from Board Members for future agenda items. 2. Chairperson's update: ZBA Office Staff; Code Committee; set ZBA goals for 2018 and discuss accomplishments. 3. Organizational Meeting scheduled for March 15, 2018. Page 2—Minutes Regular Meeting held February 1, 2018 Southold Town Zoning Board of Appeals 9:45 A.M. Chairperson Weisman called the public hearing to order with the Pledge of Allegiance. STATE ENVIRONMENTAL QUALITY REVIEWS; BOARD RESOLUTION: Motion was offered by Chairperson Weisman seconded by Member Planamento, 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): Peter Negri and Elizabeth Kaye Negri #7128 Theodore and Anna M. Boutzalis 97131 Rene Mendez and Leslie Henshaw 47132 Cacioppo Living Trust #7133 Steven Walsh #7129 Erol Baskurt #7130 Richard J. McBride #7126 Kevin Foote #7127 Vote of the Board: All.This resolution was duly adopted(3-0). DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: BERNADETTE STRACHAN, THE ESTATE OF STUART STRACHAN AND KENNETH STRACHAN,JR.#7078 -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. Motion was offered by Chairperson Weisman, seconded by Member Dantes to Close the hearing reserving decision to March 15, 2018. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). Members Goehringer and Acampora were absent. HARRY AND ELIZABETH DISIMONE#7121 —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. Motion was offered by Chairperson Weisman, seconded by Member Dantes to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted 3-0).Members Goehringer and Acampora were absent. Page 3—Minutes Regular Meeting held February 1, 2018 Southold Town Zoning Board of Appeals DAVID HERMER AND SILVIA CAMPO#7117 —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. . Motion was offered by Chairperson Weisman, seconded by Member Dantes to Close the hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted(3-0). Members Goehrin errand Acampora were absent. PETER AND ELAINE PSYLLOS #7124-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. . Motion was offered by Chairperson Weisman, seconded by Member Dantes to Close the hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). Members Goehringer and Acampora were absent. DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: The Board continued with agenda items, and commenced deliberations on the following application. The original determinations of each of the following applications as decided are filed with the Southold Town Clerk: APPROVED AS APPLIED ABIDIN KANDIC #7116 APPROVED AS APPLIED WITH CONDITIONS: DAVID HERMER AND SYLVIA CAMPO 47117 KATHRYN FARRAND 47122 860 BAYVIEW DRIVE#7125 APPROVED AS AMENDED WITH CONDITIONS: PETER AND ELAINE PSYLLOS 7124 Vote of the Board: Ayes: All.This Resolution was duly adopted(3-0). Members Goehringer and Acampora were absent Page 4—Minutes Regular Meeting held February 1, 2018 Southold Town Zoning Board of Appeals RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Planamento to set the next Regular Meeting with Public Hearings to be held March 1, 2018 at 8:30 AM. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Dantes to approve Minutes from Special Meeting held January 18, 2018. 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: 10:03 A.M. - PETER NEGRI AND ELIZABETH KAYE NEGRI #7128 — by Robert Hermann, and Stacy Paetzel, Agents. Request for a Variance from Article XXII, Section 280-116; and the Building Inspector's 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 at; 1) less than the code required 100 feet from the top of the bluff, located at: 9775 Nassau Point Road (Adj. to Little Peconic Bay), Cutchogue, NY. SCTM#1000- 119-1-6.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento, to Close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted(3-0). Members Goehrin eg r and Acampora were absent. 10:27 A.M. - THEODORE AND ANNA M. BOUTZALIS #7131 —by Catherine Manno and Joseph Manno, Agents. Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector's October 19, 2017, Notice of Disapproval based on an application for a building permit to construct additions and alterations to an existing single family dwelling, at; 1) less than the code required minimum front yard setback of 40 feet; located at: 670 Holden Avenue, Cutchogue, NY. SCTM#1000 110-5-20. 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 (3-0). Members Goehringer and Acampora were absent. 10:32 A.M. - RENE MENDEZ AND LESLIE HENSHAW #7132 — by Tom Samuels, Agent and Rene Mendez, Owner. Request for Variances from Article III, Section 280- 13C; Article XXII, Section 280-105C; and the Building Inspector's October 12, 2017, Notice of Disapproval based on an application for a building permit to construct an accessory building and to legalize an"as built"six feet high deer fence in the front yard, at; 1) the proposed accessory structure (private residential fitness building with basement) is not a permitted use, 2) fence more than the code required maximum four (4) feet in height when located in the front yard; located at: 3945 Soundview Avenue, (Adj. to the Long Island Sound) Peconic, NY. SCTM#1000 68.-1-15.1. BOARD RESOLUTION: (Please Page 5—Minutes Regular Meeting held February 1, 2018 Southold Town Zoning Board of Appeals 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(3-0). Members Goehringer and Acampora were absent. 10:51 A.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento to adjourn for a short recess.Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). 11:02 A.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento to reconvene the public hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). 11:02 A.M. - CACIOPPO LIVING TRUST #7133 — by Gary Steinfeld, Agent. Request for Variances from Article III, Section 280-15; and the Building Inspector's October 24, 2017, Notice of Disapproval based on an application for a building permit to demolish an existing single family dwelling and construct a new single family dwelling and construct an in-ground swimming pool, at; 1) existing frame barn located in other than the code required rear yard; 2) existing frame garage located in other than the code required rear yard; 3) existing frame chicken coop located in other than the code required rear yard; 4) proposed in-ground swimming pool located in other than the code required rear yard; located at: 4805 Alvah's Lane, Cutchogue, NY. SCTM#1000 68.401-2-22.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento, to Close the hearing subject to receipt of Pre-Certificates of Occupancy for "as-built" structures. Vote of the Board: Ayes: All. This Resolution was duly adopted(3-0). Members Goehringer and Acampora were absent. 11:16 A.M. - STEVEN WALSH #7129—by Patricia Moore, Agent, Steve Walsh and Jean Walsh, Owners; Joni Friedman in opposition. Request for a Variance from Article XII, Section 280-53; and the Building Inspector's October 26, 2017, amended November 21, 2017 Notice of Disapproval based on an application for a building permit to construct additions and alterations to an existing single family dwelling at; 1) less than the code required minimum side yard setback of 20 feet, located at: 7065 New Suffolk Road, New Suffolk, NY. SCTM#1000-117-5-30. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Dantes, to Adjourn to the Special Meeting of February 15, 2018. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). Members Goehringer and Acampora were absent. 12:03 P.M. - EROL BASKURT #7130 —by Patricia Moore, Agent; Robert Dunn in Support. Request for Variances from Article XXIII, Section 280-124; and the Building Inspector's October 23, 2017,Notice of Disapproval based on an application for a building 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; 2) less than the Page 6—Minutes Regular Meeting held February 1, 2018 Southold Town Zoning Board of Appeals code required minimum side yard setback of 10 feet; located at: 3575 Mill Road, Peconic, NY. SCTM#1000-67-2-12. 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 (3-0). Members Goehringer and Acampora were absent. 12:13 P.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento to adjourn for Lunch. Vote of the Board: Ayes: All. This Resolution was duly adopted(3-0). 1:00 P.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento to reconvene the 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 Chairperson Weisman introducing each application and reading of the Legal Notice as published: 1:00 P.M. — RICHARD J. MCBRIDE #7126 — by William Fabb, Contract Vendee; Jim McBride, Owner; and Richard Lark in support. Request for Variances from Article II Section 280-9A(1) and the Building Inspector's September 29, 2017 Notice of Disapproval based on a permit to legalize lot recognition, at; 1) at less than the code required minimum lot size of 20,000 sq. ft., 2) at less than the code required minimum lot width of 300 feet; located at: 11750 Oregon Road, Cutchogue, NY. SCTM#1000-83-3-5.2. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Dantes, to Adjourn to the Special Meeting of February 15, 2018. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). Members Goehringer and Acampora were absent. 1:28 P.M. - KEVIN FOOTE #7127 — By Charles Cuddy, Esq. , Jeffrey Butler, Agent, Nancy Foot, Owner; Marie O'Shea in opposition. Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector's October 6, 2017 Notice of Disapproval based on an application for a building permit for additions and alterations to an existing single family dwelling, construction of an accessory garage, and construction of an accessory swimming pool; 1) additions and alterations to a single family dwelling located less than the code required minimum front yard setback of 35 feet, 2) proposed accessory garage located in other than the code required rear yard, 3) proposed accessory swimming pool located in other than the code required rear yard; located at: 780 Champlin Place, Greenport, NY. SCTM#1000-34.-3-36.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Dantes, to Adjourn to the Special Meeting of February 15 2018 Vote of the Board: Ayes: All. This Resolution was duly adopted(3-0). Members Goehringer and Acampora were absent. Page 7—Minutes Regular Meeting held February 1, 2018 Southold Town Zoning Board of Appeals There being no other business properly coming before the Board at this time, the Chairperson declared the meeting adjourned. The meeting was adjourned at 1:51 P.M. Respe t su mi d, Kim Fuentes /1 j/2018 Included by Reference: Filed ZBA Decisions (5) Leslie Kanes Weisman, Chairperson �S-/2018 Approved for Filing Resolution Adopted R-4 BVED -9 F E B i 6 2018 q, So hold Town Clerk