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Home My WebLink AboutZBA-01/05/2012 BOARD MEMBERS *rjF S Southold Town Hall ` Leslie Kanes Weisman,Chairperson y0 53095 Main Road •P.O.Box 1179:. �Q !O Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Gerard P. Goehringer G • Q Town Annex/FirstFloor,Capital One Bank George Horning 'gyp 54375 Main Road(at Youngs Avenue) Ken Schneider �ycoulf ,� Southold,NY 11971 http://southoldtown.northfork.netRECEIVE® ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax,(631)765-9064 JA N 2 2012 MINUTES �� 8 REGULAR MEETING THURSDAY, JANUARY 5, 2012 A Regular Meeting of the SOUTHOLD TOWN ZONING BOARD OF APPEALS was held �at the Southold Town, Hall, 53096 Main Road,,Southold, New York 11.971-0959, on Thursday January 5; 2012 commencing at 8:30 A.M. Present were: Leslie Kanes Weisman, Chairperson/Member Gerard P. Goehringer,Vice Chairperson/Member James Dinizio, Member (arrived 8:41 a.m.) Ken Schneider, Member George Horning, Member (left at 2:20 p.m.) Jennifer Andaloro,Asst. Town Attorney Vicki Toth, ZBA Secretary 8:36 A.M. Chairperson Weisman called the meeting to order. WORK SESSION: 8:39 A.M. Motion was offered by Chairperson Weisman seconded by Member Goehringer, to enter into Work Session for the purpose of: General Discussion: a. In House Training for Board Members in 2012. b. Distribution of Updated Templates for Draft Decisions. c. Review of Special Exception Permits granted in 2011 and 2010 - d. Distribution of Department Head Reports to Board Members. Vote of the Board: Ayes: All. This Resolution was duly adopted 4-0).Member Dinizio was absent. Member Dinizio arrived 8:41 a.m. Page 2—Minutes Regular Meeting held January 5, 2012 Southold Town Zoning Board of Appeals 9:40 A.M.Motion was offered by Chairperson Weisman seconded by Member Goehringer, to enter into Executive Session for the purpose of obtaining advice of Counsel.Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:02 A.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to exit Executive Session and reconvene the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0) 10:06 A.M. Chairperson Weisman called the public hearings to order. The Board proceeded with the first item on the Agenda as follows: STATE ENVIRONMENTAL QUALITY REVIEWS: A. BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to declare the following Declarations 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): BRUCE and ELIZABETH and DONNA COLLURA#6527 DOROTHY and STEFAN KOTYLAK#6529 THRESHOLD BLUE. LLC (SS iarkling Pointe)#6526 LOUIS and ELIZABETH MASTRO#6530 MELANIE M., MARIANNE, MICHAEL SELWYN, as tenants in common and JANE GOLDEN#6528 NELSON FAMILY#6532 Vote of the Board: 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: 10:06 A.M. -JOSEPH and ELIZABETH BRITTMAN#6522—(Carry over from PH 12/1/11) (Board to reschedule due to amended Notice of Disapproval). Request for Variance from Article III, Code Section 280-15 and the Building Inspector's October 3, 2011, Notice of Disapproval based on a building permit application to construct an accessory garage, at; 1) more than the code required maximum square footage of 750 sq.ft. on lots 20,000-60,000 sq.ft., located at: 80 Glenn Road (Main Bayview Road) Southold, NY. SCTM#1000-78-2-11.3. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to adjourn the hearing to February 2, 2012 at 10:00 a.m. for re- advertisement due to Amended Notice of Disapproval.Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). Page 3—Minutes Regular Meeting held January 5, 2012 Southold Town Zoning Board of Appeals CARRYOVER DELIBERATIONS and/or POSSIBLE DECISION: The Board 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 WITH CONDITIONS: RICHARD G. and NORMA M. MOELLER#6524 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: 10:30 A.M. - DAVID MOORE#6515—(Carry over from PH 12/1/11) (Board to consider letter.dated,114112 from agent requesting an adjournment). Request for Variances from Art. XXII Code Section 280-116A(1),Art. XXIII Section 280-124 and Art. III Section 280-15 and the Building_Inspector's June 17, 2011, updated September 16, 2011, amended October 4, 2011 Notice of Disapproval based on a building permit application for"as built" additions and alterations to existing single family dwelling and accessory hot tub at; 1) at less than the code required setback of 100 feet from the top of bluff, 2) more than the code required maximum lot coverage of 20%, 3) accessory structure located in other than the code required rear yard or front yard on waterfront properties, located at: 21075 Soundview Avenue (adj. to Long Island Sound) Southold, NY. SCTM#1000-51-4-17. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to adjourn the hearing to February 2 2012 at 10.15 a.m. as requested in letter dated January 4, 2012 from agent Vote of the Board:Ayes:All This,Resolution was duly adopted (5-0). 10:52 A.M.-PATRICK and DIANE KELLY#019 by Fred Weber,Architect. (Carry over from PH 12/1/11). Request for Variances from Article XXIII Section 280-124 and Article III Section 280-14 and the Building Inspector's October 17, 2011 Notice of Disapproval based on an application for building permit to construct additions and alterations to an existing dwelling at: 1) less than the code-required minimum side yard setback of 15 feet; 2)less than the code required combined side yard setbacks of 35 feet; 3) more than the code required number of stories of two and a half, located at: 215 Harbor Lights Drive (adj. to a canal), Southold, NY. SCTM#1000-71-2-6. 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). 11:03 AM Motion was offered by Member"-Goehringer, seconded by Member Horning, to take a short recess. Vote of the Board: Ayes: All. Page 4—Minutes Regular Meeting held January 5, 2012 Southold Town Zoning Board of Appeals 11:10 AM Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to reconvene the meeting. Vote of the Board: Ayes: All. PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 11:10 A.M. -BRUCE and ELIZABETH and DONNA COLLURA#6527 by Donna Collura, Elizabeth Collura and Donald Hohn, neighbor in favor. Request for Variance from Article XXIII Section 280-124 and the Building Inspector's November 4, 2011 Notice of Disapproval based on an application for building permit for a deck addition to a single family dwelling at: 1)less than the code required rear yard setback of.35 feet, located at: 170 Manor Road, (corner Gillette Drive and East Gillette Drive)East Marion, NY. SCTM#1000-38-3-1. 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(5-0). 11:26 A.M. - DOROTHY and STEFAN KOTYLAK#6529 by Stefan Kotylak, owner and Doug McGann, Contractor. Request for Variance from Article III, Code Section 280-15, and the,Building Inspector's November 16, 2011 Notice of Disapproval, based on a building permit application to construct an addition to an accessory garage, at: 1)more than the code required maximum square footage of 660 sq.ft. on lots up to 20,000 sq. ft., located at: 280 Pine Wco Road, Cutchogue, NY. SCTM#1000-110-2-15. 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). 11:44 A.M. - THRESHOLD BLUE. LLC (Sparkling Pointe)#6526 by Nancy Steelman, Agent and Steve Mudd, neighbor.Request for Variances from Article XV Code Section 280-63 (Bulk Schedule) and the Building Inspector's October 21, 2011 Notice of Disapproval based on an application for building permit to construct new commercial warehouse at; 1)less than the code required minimum side yard setback of 20 feet, 2) less than the code required minimum combined side yard setback of 40 feet located at: 1270 County Road 48 (aka North Road), Southold, NY SCTM#1000-69-3-3. 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 subject to receipt of amended plan showing reduction in building width by two feet per Planning Board comments:increased easterly property line setback and single and separate search.Vote of the Board:Ayes:All. This Resolution was duly adopted (5 O). 12:01 PM Motion was offered by Chairperson,Weisman, seconded by Member Goehringer, to recess. Vote of the Board: Ayes: All. r 1:02 PM Motion was offered by Chairperson-Weisman, seconded by Member Goehringer, to reconvene the meeting. Vote of the Board: Ayes: All. Page 5—Minutes Regular Meeting held January 5, 2012 Southold Town Zoning Board of Appeals PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 1:03 P.M. - HERNAN MICHAEL OTANO #6525 by P. Moore, Esq., agent; Hernan Otano, cottage owner; Ms. Machi, Director; Board of Co-Op; Donald Wilson and Helen Szraka Co-Op Members; Michael Cohen, Attorney for Breezy Shores and P. Conklin, Building Department. (Adjourned from PH 12/1/11) Request for Variances from Article XXIII Code Section 280-123, Article XXII Section 280-116 and the Building Inspector's October 14, 2011, amended October 18, 2011 Notice of Disapproval based on an application for building permit for demolition and construction of a new dwelling at; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use, 2) less than the code required bulkhead setback of 75 feet, located at: #5 Breezy Shores Comm. Inc., Sage Blvd. (adj. to Shelter Island Sound) Greenport, NY. SCTM#1000-53-5-12.6. 1:15 P.M: Motion was offered by Member Goehringer seconded by Member Dinizio, to jenter into Executive Session for the purpose of obtaining advice of Counsel.Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). 1:26 P.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to exit Executive Session and reconvene the meeting. Vote of the Board: Ayes: All. This Resolution was dWy adopted �50. 1.26 P.M. HERNAN MICHAEL OTANO#6525 (continued): 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'March 1 2012 at 10:00 a.m.Vote of the Board:Ayes:All This Resolution was dWy adopted (4-0). Member Horning was absent. L 2:20 P.M. Member Horning left. 2:40 P.M. -LOUIS and ELIZABETH MASTRO#6530 by Elizabeth and Louis, Mastro, owners. Request for Variances from Articles XXII and XXIII Code Sections 280-116(B) and 280-124, based on an application for building permit and the Building Inspector's November 23, 2011 Notice of Disapproval concerning proposed demolition and construction of a new single family dwelling, at; 1)less than the code required bulkhead setback of 75 feet, 2)less than the code required minimum side yard setback of 10 feet, 3) less than the code required total combined side yards of 25 feet, 4) less than the code required rear yard setback of 35 feet, at: 1595 Bayview Avenue, (adj.to Arshamomque Harbor) Southold, NY. SCTM#1000-52-5-9. 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 March 1 2012 at 11:00 a.m., subject to Page 6—Minutes K Regular Meeting held January 5, 2012 ' Southold Town Zoning Board of Appeals receipt of Structural Analysis from Architect.Vote of the Board:Ayes:All. This Resolution was di ly adopted (4-0). Member Horning was absent. ARRAIGNMENT: 2:59 PM Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to recess for court arraignment. Vote of the Board: Ayes: All. 3:38 PM Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to reconvene the meeting. Vote of the Board: Ayes: All. PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 3.39 P.M. -MELANIE M MARIANNE MICHAEL SELWYN, as tenants in common and JANE GOLDEN#6528 by P.Moore, Esq., agent. Request for Variance under Article IV Section 280-18 and the Building Inspector's May 24, 2011, updated November 22, 2011 Notice of Disapproval based on an application for building permit for.a subdivision, at: Proposed Lot 1; 1)less than the code required minimum lot size of 40,000 sq.ft., 2)less than the code required lot width of 150 linear ft., 3)less than the code required lot depth.of 175 linear feet; Proposed Lot 2; 1) at less than the code required minimum lot size of 40,000 sq. ft., 2)less than the code required lot width of 150 linear ft., 3)less than the code required lot depth of 175 linear feet;located at: 200 and 150 Three Waters Road, Orient, NY. SCTM#'s 1000- 15-6-28 & 29. 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) Member Horning was absent. 3:54 P.M. - NELSON FAMILY#6532 by Amy Martin, agent and Bob Nelson, Trustee of property. Request for Variances from Articles XXIII and XXII Code Sections 280- 124 and 280-116(B), based on an application for building permit and the Building Inspector's November 20, 2011 Notice of Disapproval concerning proposed deck addition to existing single family dwelling, at;j) less than the code required minimum side yard setback of 10 feet, 2) more than the maximum code required lot coverage of 20%, 3) less than the code required bulkhead setback of 75 feet,located at: 2955 Bay Shore Road (adj.to Peconic Bay), Greenport, NY. SCTM#1000-53-6-5. 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 subiect to receipt of adjoining neighbors Bulkhead setback's from Agent Vote of the Board:Ayes: All This Resolution was d&adopted 4-0) Member Horning was absent. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Reminder: The Chairperson confirmed the next Special Meeting date of January 19, 2012 at 5:OOPM. i � 000W - Page 7-Minutes Regular Meeting held January 5, 2012 ' Southold Town Zoning Board of Appeals 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 February 2, 2012 at 9:00 AM Vote of the Board: Ayes: All. This Resolution was duly adopted(4-0). Member Horning was absent C. RESOLUTION ADOPTED:Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to approve minutes from Special Meeting held December 15, 2011. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0) Member Horning was absent. There being no other business properly coming before the Board at this time, Chairperson declared the meeting adjourned. The meeting was adjourned at 4:12 P.M. Respectfully s fitted Vicki Toth //1/2012 Incl e by Reference: Filed ZBA Decisions (1) RECEIVED cv- Leslie Kanes Weisman, Chairperson / 2012 Approved for Filing Resolution Adop ear JAN 2 3 2012 gamut 09d-T® � Clark r` 9. L r i c._