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Home My WebLink AboutZBA-09/06/2018 BOARD MEMBERS Southold Town Hall ® Leslie Kanes Weisman,Chairpersonf $®U,� 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: _ Eric Dantes CA Town Annex/First Floor, Robert Lehnert,Jr. ® �� 54375 Main Road(at Youngs Avenue) Nicholas PlanamentoCOMfl9TY� 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, SEPTEMBER 6, 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 September 6, 2018 commencing at 8:30 A.M. Present were: Leslie Kanes Weisman, Chairperson Eric Dantes, Vice Chair Nicholas Planamento Patricia Acampora Robert Lehnert William Duffy, Town Attorney Kim Fuentes, ZBA Secretary 8:45 A.M. Chairperson Weisman called the meeting to order. EXECUTIVE SESSION: 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(5-0). a) Attorney advice b) Litigation 9:23 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). Page 2—Minutes Regular Meeting held September 6, 2018 Southold Town Zoning Board of Appeals WORK SESSION: a) Requests from Board Members for future agenda items. b) Board Training to be scheduled October 4, SCHD, Advanced Septic Systems c) Board Training to be scheduled October 18 at 4:00 PM, Case Law d) Tentative future training to be scheduled. 9:32 A.M. Chairperson Weisman called the public hearing to order with the Pledge of Allegiance. Motion was offered by Chairperson Weisman seconded by Member Acampora, to open the public hearings section of the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0 . STATE ENVIRONMENTAL QUALITY REVIEWS; BOARD RESOLUTION: Motion was offered by Chairperson Weisman seconded by Member Lehnert, 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): Alex Friedman #7189 Michael Harkin #7190 Peter Honig and Susan Honig #7191 Andreas Pfanner #7192 Donald Brennan, Cottage On Third, LLC #7193 Martin Bancroft #7194 Christian and Carol Zimmer #7196 R. Bradford Burnham 111 47181 Vote of the Board: All. This resolution was duly adopted (5-0). POSSIBLE RESOLUTION TO CLOSE THE FOLLOWING HEARINGS: PATRICIA C. BOOTH REVOCABLE TRUST#7183 —(Adjourned from August 16, 2018) Request for a Waiver of Merger petition under Article II, Section 280-10A, to unmerge land identified as SCTM No. 1000-67-4-16 which has merged with SCTM No. 1000-67-4-9, based on the Building Inspector's April 11, 2018 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 Page 3—Minutes Regular Meeting held September 6, 2018 Southold Town Zoning Board of Appeals Residential Zoning District); located, at 265 Burtis Place, Peconic, NY. SCTM Nos.1000-67-4-9 and 1000-67-4-16. BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Planamento to Close the hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 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: DECISIONS TABLED TO SEPTEMBER 20, 2018 MARGERY RIFKIN DAVID AND REUBEN J. DAVID #7168 PATRICA C. BOOTH REVOCABLE TRUST#7183 PUBLIC HEARINGS: The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 9:35 A.M. - ALEX FRIEDMAN #7189 —By Anthony Portillo, Representative and Alex Friedman, Owner. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's April 25, 2018, Notice of Disapproval based on an application for a building permit to demolish a portion of a dwelling and construct additions and alterations to an existing single family dwelling, at; 1) located less than the code required minimum front yard setback of 40 feet; at: 350 Macdonalds Road, Laurel, NY. SCTM#1000-145-4-14.1. 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 and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:48 A.M. - MICHAEL HARKIN#7190—By William Goggins, Attorney, Michael Harkin, Owner. Opposed by John Wagner, Esq., and Marilyn Gatz. Request for Variances from Article III, Section 280-15 and the Building Inspector's April 24, 2018, Notice of Disapproval based on an application for a building permit to relocate an existing accessory barn and a shed, and to construct a new accessory building at; 1) accessory barn to be relocated in other than the code required rear yard; 2) accessory shed to be relocated in other than the code required rear yard; 3) proposed accessory building to be located in other than the code required rear yard; at: 6175 Sound Avenue, Mattituck, NY. SCTM#1000-121-1-4.3. 10:38 A.M. Motion was offered by Chairperson Weisman, seconded by Member Lehnert to enter into Executive Session to discuss matter with Board legal counsel. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0) (Member Dantes Recused Page 4—Minutes Regular Meeting held September 6, 2018 Southold Town Zoning Board of Appeals 10:45 A.M. Motion was offered by Chairperson Weisman, seconded by Member Lehnert to exit Executive Session. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Member Dames Recused) 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 and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted 4-0). (Member Dantes Recused) 10:48 A.M. - PETER HONIG AND SUSAN HONIG 47191 — By Nancy Steelman, Design Professional. Request for a Variance from Article III, Section 280-15 and the Building Inspector's April 10, 2018, Notice of Disapproval based on an application for a building permit to demolish an existing accessory garage and construct a new accessory garage; at; 1) located in other than the code required rear yard; at: 745 Watersedge Way, (Adj. to Hog Neck Bay) Southold, NY. SCTM#1000-88-5-62. 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 and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:53A.M. - ANDREAS PFANNER 47192 — By Michael Kimack, Attorney. Support by Blair McBride. Opposed by Lloyd Weathers, and Steve Starroff, neighbors. Request for a Variance from Article III, Section 280-15 and the Building Inspector's May 8, 2018, Notice of Disapproval based on an application for a building permit to construct an accessory garage; at; 1) located in other than the code required rear yard; at: 2725 Harbor Lane, Cutchogue, NY. SCTM#1000-136-1- 24.2. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to Adjourn the matter to September 20, 2018. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:39 A.M. - DONALD BRENNAN, COTTAGE ON THIRD, LLC #7193 — By Gary Steinfeld, Representative. Opposed by Frank Castellano. Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's April 19, 2018, Notice of Disapproval based on an application for a building permit to demolish an existing dwelling and to construct a new single family dwelling, accessory pool house and an accessory in-ground swimming pool; at; 1) single family dwelling located less than the code required minimum front yard setback of 35 feet; 2) proposed improvements more than the code permitted maximum lot coverage of 20% at: 850 Third Street,New Suffolk, NY. SCTM#1000-117-8-7. 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 and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 12:00 P.M. - MARTIN BANCROFT #7194 — By Martin Bancroft, Owner. Opposed by Michael Soloman, Esq. Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's April 23, 2018, Amended May 9, 2018 Notice of Disapproval based on an application Page 5—Minutes Regular Meeting held September 6, 2018 Southold Town Zoning Board of Appeals for a building permit to construct an accessory swimming pool and an accessory garage on a residential parcel; at; 1) accessory in-ground swimming pool located in other than the code required rear yard; 2) proposed accessory garage located less than the code required minimum front yard setback of 40 feet; at: 38099 Main Road (Adj. to the Long Island Sound), Orient, NY. SCTM#1000-15-2-16. 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 and Reserve Decision subject to the receipt of a corrected survey. Vote of the Board: Ayes: All. This Resolution was duly adopted (5.0� 12:28 P.M. - CHRISTIAN AND CAROL ZIMMER #7196 — By Bruce Anderson, Representative and Carol Zimmer, Owner. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's April 16, 2018, Notice of Disapproval based on an application for a building permit to construct additions and alterations to an existing single family dwelling; at; 1) located less than the code required minimum side yard setback of 15 feet, 7525 Nassau Point Road, (Adj. to Little Peconic Bay) Cutchogue, NY. SCTM#1000-118-4-3. 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 and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly dopted (5-0). 12:35 P.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora to adjourn for Lunch. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:14 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 5-0 . 1:14 P.M. - ELIZABETH E. MACEDONIA AND THEODORE N. PAPADOPOULOS #7182 — By Shawn Leonard, Design Professional, Elizabeth Macedonia, Owner. (Adjourned from August 2, 2018) Request for Variances from Article III, Section 280-13A; Article III, Section 280-15; and the Building Inspector's April 10, 2018, Notice of Disapproval based on an application for a building permit to construct an accessory in-ground swimming pool and the conversion of an accessory building to pool house; at; 1) more than the code permitted one dwelling on each lot; pool house by design constitutes as a second dwelling; 2) proposed in-ground swimming pool located in other than the code required rear yard; 3) proposed pool house located in other than the code required rear yard; at: 4175 Old Jule Lane, Mattituck, NY. SCTM#1000-122-5-13.3. 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 and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:21 P.M. - R. BRADFORD BURNHAM III #7181 —By Mary Burnham, Owner and John Mealy, Design Professional. Request for a Variance from Article III, Section 280-15 and the Building Inspector's February 15, 2018, Notice of Disapproval based on an application for a building permit to construct an accessory garage; at; 1) less than the code required minimum front yard setback of 40 feet; at: 2464 Peninsula Road, (Adj. to West Harbor) Fishers Island, NY. SCTM#1000-10-3-4.1. Page 6—Minutes Regular Meeting held September 6, 2018 Southold Town Zoning Board of Appeals 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 matter to September 20, 2018. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). RESOLUTIONS: RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Acampora to set the next Regular Meeting with Public Hearings to be held October 4, 2018 at 8:30 AM. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Acampora to approve Minutes from Special Meeting held August 16, 2018. 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 2:08 P.M. Respectfully sub fitted �a, S Kim E. Fuentes 9 /aD/2018 Included y Reference: Filed ZBA Decisions (1) RECEIVED *$EPA Leslie Kanes Weisman, Chairperson /diy /2018 • Southold Town Clerk Approved for Filing Resolution Adopted