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Home My WebLink AboutZBA-03/01/2018 BOARD MEMBERS OF S®(/j' Southold Town Hall Leslie Kanes Weisman,Chairperson �� /�® 53095 Main Road o P.O.Box 1179 �® �® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.Goehringer ® a� 54375 Main Road(at Youngs Avenue) Nicholas Planamentoc®U�TY 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,MARCH 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 March 1, 2017 commencing at 8:30 A.M. Present were: Leslie Kanes Weisman, Chairperson Eric Dantes,Vice Chair Gerald Goehringer Patricia Acampora William Duffy, Town Attorney Kim Fuentes, ZBA Secretary 8:42 A.M. Chairperson Weisman called the meeting to order. 8:45 A.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora to enter into Executive Session.Vote of the Board: Ayes: All. This Resolution was duly adopted(4-0). Member Planamento was absent. EXECUTIVE SESSION: A. Attorney advice. 9:32 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 dopted (4-0). Member Planamento was absent. WORK SESSION: 1. Requests from Board Members for future agenda items. 2. Organizational Meeting scheduled for March 15, 2018. 3. Scheduled Scoping Hearing for the Enclaves Special Exception scheduled for March t, 15, 2018 at 5:30 PM. Page 2—Minutes Regular Meeting held March 1, 2018 Southold Town Zoning Board of Appeals 4. Status on the Southold Sunset area variance application being reviewed by the Trustees. 9:33 A.M. Chairperson Weisman called the public hearing to order with the Pledge of Allegiance. Motion was offered by Chairperson Weisman seconded by Member Goehringer, to open the public hearings section of the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Planamento was absent. STATE ENVIRONMENTAL OUALITY REVIEWS; 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): Seven Cats Investment, LLC# 13� SV Greenport LLC(The Soundview) #7137 Stephanie L. Teicher #7138 1505 Birdseye Road, LLC, 7140 Joanna Dixon Reisman #7141 Joseph Richburg #7142 Kevin Whitrock#7143 Elizabeth Branch and David Branch 47144 Lejon Enterprises, Inc.,L. Hoeffner, Contract Vendee#7145 Vote of the Board: All. This resolution was duly adopted 4-0). POSSIBLE RESOLUTION TO CLOSE THE FOLLOWING HEARINGS: SHAWN FITZGERALD/FITZGERALD S P REV. LIV. TRUST #7115 (Adiourn from January 18, 2018 — 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. Motion was offered by Chairperson Weisman, seconded by Member Goehringer to Adjourn the hearing without a date. Vote of the Board: Ayes: All. This Resolution was duly adopted(4-0). Member Planamento was absent. KEVIN FOOTE #7127 — (Adjourn from February 15, 2018) 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 Page 3—Minutes Regular Meeting held March 1, 2018 Southold Town Zoning Board of Appeals 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. Motion was offered by Chairperson Weisman, seconded by Member Acampora to Adjourn the hearing to May 3, 2018 at 9:30 A.M. Vote of the Board: Ayes: All. This Resolution was du1X adopted (4-0). Members Planamento was 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: GRANT AREA VARIANCE AS APPLIED AND REVERSAL OF NOTICE OF DISAPPROVAL RENE MENDEZ AND LESLIE HENSHAW#7132 GRANT AREA VARIANCE AS APPLIED WITH CONDITIONS: RICHARD J. MCBRIDE #7126 Vote of the Board: Ayes: All.This Resolution was duly adopted(4-0). Member Planamento was absent. PUBLIC HEARINGS: The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 9:36 A.M. - SEVEN CATS INVESTMENT, LLC #7136 — by Patricia Moore, Agent. Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's November 8, 2017, Notice of Disapproval based on an application for a building permit to legalize an "as-built" deck addition attached to a pre-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 side yard setback of 10 feet; located at: 145 Dickerson Street, Peconic, NY. SCTM#1000 67-3-11. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Dantes, to Close the hearing reserving decision subject to receipt of a Pre Certificate of Occupancy for the single family dwelling and attached garage . Vote of the Board: Ayes: All. This Resolution was duly adopted (4- 0). Members Planamento was absent. Page 4—Minutes Regular Meeting held March 1, 2018 Southold Town Zoning Board of Appeals 9:50 A.M. - SV GREENPORT LLC, (SOUNDVIEW) 97137—by Thomas Naples,Agent. Request for a Variance from Article XIX, Section 280-85 J (4) and the Building Inspector's October 3, 2017, Notice of Disapproval based on an application for a building permit to install a wall sign; at; 1) more than the code required maximum number of wall signs allowed on subject premises; located at: 58775 County Route 48, (Adj. to Long Island Sound) Greenport, NY. SCTM#1000 44-2-20. 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. Vote of the Board: Ayes: All. This Resolution was duly adopted(4-0). Members Planamento was absent. 9:56 A.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer to adjourn for a short recess(Court Arraignment). Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 10:13 A.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer to reconvene the public hearing.Vote of the Board: Ayes: All. This Resolution was duly adopted(4-0). 10:13 A.M. - STEPHANIE L. TEICHER #7138 — by Michael Kimack, Agent. Request for Variances from Article XXII, Section 280-116 A(l); Article XXIII, Section 280-124; and the Building Inspector's November 15, 2017, amended November 20, 2017 Notice of Disapproval based on an application for a building permit to legalize"as-built" additions to an existing single family dwelling; at; 1) located less than the code required 100 feet from the top of the bluff, 2) less than the code required minimum rear yard setback of 50 feet; located at: 6825 Nassau Point Road, (Adj. to Little Peconic Bay) Cutchogue, NY. SCTM#1000 111.-15-8.2. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to Adjourn the hearing to April 5, 2018 at 1:15 PM and after receiving comments from the Town Trustees. Vote of the Board: Ayes: All. This Resolution was duly adopted 4-0). Members Planamento was absent. 10:33 A.M. - 1505 BIRDSEYE ROAD, LLC, 7140—by Michael Kimack, as agent, Carlos Zapata, Owner. Robert Grover, Martin Finnegan, Carolina Zapf, Leslie LaVecchia, and Mandy Jordon, opposed. Request for Variances from Article IV, Section 280-18; Article XXII, Section 280-105; Article XXII, Section 280-116; and the Building Inspector's November 17 2017, Amended November 22, 2017 Notice of Disapproval based on an application for a building permit to construct a new single family dwelling and to erect deer fence at a height of 8 feet at; 1) proposed single family dwelling located less than the code required minimum front yard setback of 50 feet; 2) proposed dwelling located less than the code required 100 feet from the top of the bluff; 3) proposed deer fence more than the code required maximum four (4) feet in height when located in the front yard, located at: 1505 Birdseye Road, (Adj. to the Long Island Sound) Orient, NY. SCTM#1000 17-1-4. 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 hearingto o May 3, 2018 at 10:00 AM, and after receiving comments from the Town Trustees and Town Engineer, as well as Page 5—Minutes Regular Meeting held March 1, 2018 Southold Town Zoning Board of Appeals comments/approvals by the Suffolk County Department of Health Services and NYS Department of Conservation. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Members Planamento was absent. 11:52 A.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer to adjourn for a short recess.Vote of the Board: Ayes: All. This Resolution was duly adopted 4-0). 12:01 P.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes to reconvene the public hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted(4-0). 12:01 P.M. - MONAY BELL AND JAMES BRENNAN (BRYAN NICHOLSON, AS CONTRACT VENDEE) #7139—by Kevin McLaughlin, Agent. Request for a Waiver of Merger petition under Article Ii, Section 280-10A, to unmerge land identified as SCTM No. 1000-48-2-23 which has merged with SCTM No. 1000-48-2-22.1 based on the Building Inspector's October 4, 2017 Notice of Disapproval, which states that a non- conforming lot shall merge with an adjacent conforming or non-conforming 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 40,000 sq, ft. in the R-40 Residential Zoning District); located, at 360 Flint Street, Greenport, NY. SCTM Nos.1000-48-2-22.1 and 1000-48-2-23. 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). Members Planamento was absent. 12:13 A.M. - JOANNA DIXON REISMAN #7141 — by Robert Herrmann, Agent. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's November 22,2017,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: 2360 North Sea Drive, Southold NY. SCTM#1000 54-5-1. 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). Members Planamento was absent. 12:24 P.M. - JOSEPH RICHBURG #7142 — by Joseph Richburg, Owner. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's November 1, 2017, Notice of Disapproval based on an application for a building permit to construct a deck addition to an existing single family dwelling; at; 1) less than the code required minimum side yard setback of 10 feet; located at: 675 Sunset Lane, Greenport, NY. SCTM#1000 33-4-55. 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). Members Planamento was absent. Page 6—Minutes Regular Meeting held March 1, 2018 Southold Town Zoning Board of Appeals 12:27 P.M. - KEVIN WHITROCK #7143 — by Bruce Anderson, Agent, and Amos Meringer, representative/contractor and Kevin Whitrock, owner in support; with Bill Lasalle making inquiries. Request for Variances from Article I11, Section 280-15B and 280-15F, Article XXIII, Section 280-124; and the Building Inspector's September 6, 2017, Amended October 31, 2017 Notice of Disapproval based on an application for a building permit to demolish an existing single family dwelling, construct a new single family dwelling and a new accessory garage; at; 1) proposed dwelling located less than the code required minimum rear yard setback of 50 feet; 2) proposed dwelling located less than the code required minimum side yard setback of 15 feet; 3) proposed dwelling located less than the code required minimum total side yard setback of 20 feet; 4) proposed accessory garage located less than the code required minimum (2) side yard setback(s) of 15 feet; at: 580 Terry Path, Mattituck, (Adj. to Great Peconic Bay), Mattituck,NY. SCTM#1000-123- 6-20. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Acampora, to Close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Members Planamento was absent. 12:54 P.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes to adjourn for a lunch break.Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 1:29 P.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes to reconvene the public hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted 4-0Z 1:29 P.M. - ELIZABETH BRANCH AND DAVID BRANCH #7144 — by Brett Kehl, Agent. Request for a Variance from Article XXIII, Section 280-123A and the Building Inspector's October 25, 2017,Notice of Disapproval based on an application for a building permit to construct additions and alterations to an existing accessory guest cottage; at; 1) the accessory guest cottage is not a permitted accessory use, at: 5160 Indian Neck Lane (Adj. to Hog Neck Bay, Little Peconic Bay), Peconic, NY. SCTM#1000-98-4-23. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Acampora, to Close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Members Planamento was absent. 1:48 P.M. -LEJON ENTERPRISES, INC, L. HOEFFNER, CONTRACT VENDEE#7145 — by Eric Russo, Agent; Leroy Hoeffner, (CV); John Breslin, Representative; and Kevin McLaughlin, representing current owner, in support. Request for a Waiver of Merger petition under Article II, Section 280-10A, to unmerge land identified as SCTM No. 1000- 139-3-49, which has merged with SCTM No. 1000-139-3-50, based on the Building Inspector's November 28, 2017 Notice of Disapproval, which states that a non-conforming lot shall merge with an adjacent conforming or non-conforming 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 Page 7—Minutes Regular Meeting held March 1, 2018 Southold Town Zoning Board of Appeals (minimum 40,000 sq. ft. in the R-40 Residential Zoning District); located, at 6125 County Route 48, Mattituck, NY. SCTM Nos.1000-139-3-49 and 1000-139-3-50. 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 4-0). Members Planamento was absent. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Acampora to set the next Regular Meeting with Public Hearings to be held April 5, 2018 at 8:30 AM. Vote of the Board: Ayes: All. This Resolution was duly adopted(4-0). RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Acampora to approve Minutes from Special Meeting held February 15, 2018. Vote of the Board: Ayes: All. This Resolution was duly adopted(4-0). There being no other business properly coming before the Board at this time, the Chairperson declared the meeting adjourned. The meeting was adjourned at 2:19 P.M. Resp ctfully su mitt , 1-4 Kim Fuentes 3 / /5018 RECEIVED Incl ded y Reference: F' ,ed ZBA Decisions (2) SAA 1 6 2011 e" �® S&bthold Town Clerk Leslie Ka es Weisman, Chairperson 6 018 Approved for Filing Resolution Adopted