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Home My WebLink AboutZBA-09/06/2012 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��OF SO(/jyO 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 1 James Dinizio,Jr. Office Location: Gerard P.Goehringer g � Town Annex/First Floor,Capital One Bank George Horning • �OQ 54375 Main Road(at Youngs Avenue) Ken Schneider 27, enuNT`I Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD , Tel.(631)765-1809•Fax (631)765-9064 SEP Y 5 2012 MINUTES Southold Town Berk REGULAR,MEETING THURSDAY, SEPTEMBER 6, 2012 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, 2012 commencing at 8:30 A.M. Present were: Leslie Kanes Weisman, Chairperson/Member Gerard P. Goehringer,Vice Chairperson/Member Ken Schneider, Member George Horning, Member (left 2:13 P.M.) James Dinizio, Member Jennifer Andaloro,Asst. Town Attorney Vicki Toth, ZBA Secretary 8:35 A.M. Chairperson Weisman called the meeting to order: 8:35 A.M. Motion was offered by Chairperson Weisman seconded by Member Horning, to enter into Executive for attorney/client advice. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:00 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). 10:00 A.M. Member Goehringer left the room. The Board proceeded with the first item on the Agenda as follows: Page 2—Minutes Regular Meeting held September 6, 2012 Southold Town Zoning Board of Appeals STATE ENVIRONMENTAL QUALITY REVIEWS, A. BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Dinizio, 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): PECONIC LANDING AT SOUTHOLD, INC. -#6591 GLORIA R. GESLAK-#6592 MARY R. FRAUSTO -#6590 DAVID P. SCHULTZ -#6588 MILL CREEK PARTNERS. LLC -#6589 CONSTANCE ZAHRA-#6586 Vote of the Board: All. This resolution was duly adopted(4-0). Member Goehringer was out of the room. PUBLIC HEARINGS: The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: Adjourned from Public Hearing August 2, 2012 10:04 A.M. —DENISE GEIS #6579 by Denise Geis, owner; Patricia Morgan, neighbor, against. Request for Variance from Article III Code Section 280-15, based on an application for building permit and the Building Inspector's May 1, 2012 Notice of Disapproval concerning "as built" reconstruction of an accessory shed at; less than the minimum code required rear yard setback of 3 feet, located at: 2250 Sigsbee Road Mattituck, NY. SCTM #1000-144-1-20.2. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Dinizio, to close the Bearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Goehringer was out of the room. 10:14 A.M. Member Goehringer returned. 10:16 A.M - MARGARET M. GANNON#6587 by James Fitzgerald, Agent. Request for Variances from Article III Section 280-15(F) and Article XXIII Section 280-124, and the Building Inspector's July 10, 2012 Notice of Disapproval based on an application for building permit to construct garage addition with two bedrooms above and "as built" accessory shed at: 1) In the case of waterfront properties accessory buildings may be located in the front yard, provided that such accessory meets the front yard principal setback requirements as set forth by this code... proposed location is other than the code required front or rear yard, 2) lot coverage of more than the code permitted 20%, located at: 350 MacDonalds Crossing (adj. to Peconic Bay) Laurel, NY. SCTM #1000-145-4-18. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was Page 3—Minutes Regular Meeting held September 6, 2012 Southold Town Zoning Board of Appeals 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). RESOLUTIONS A. Reminder: The Chairperson confirmed the next Special Meeting date of September 20, 2012 at 5:00 PM. B. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Dinizio to set the next Regular Meeting with Public Hearings to be held October 4, 2012 at 9:00 AM. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). Members Goehringer and Horning were out of the room. C. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Dinizio, to approve minutes from Special Meeting held August 16, 2012. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). Members Goehringer and Horning were out of the room. 10:40 A.M. - DEBORAH PENNEY#6484 by Eric Bressler, Agent and Deborah Penney, owner. Request for Variance Relief from the condition imposed in the Zoning Board decision application#6484 dated September 15, 2011. Reduction in width of the non- turf buffer. Located at: 160 Sailors Needle Road, (adj. to James Creek) Mattituck, NY. SCTM #1000-144-5-26. 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). 10:53 A.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to take a short recess. Vote of the Board: Ayes: All. 11:00 A.M. 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: 11:00 A.M. - PECONIC LANDING AT SOUTHOLD, INC. #6591 by Charles Cuddy, Agent and Daryl Volinski, Agent. Request for Variance from Article V Code Section 280-23 (Bulk Schedule) and the Building Inspector's July 9, 2012 Notice of Disapproval based on an application for building permit for construction of a three story apartment building addition, at; More than the maximum number of 2 % stories, located at: 1500 Brecknock Road (adj. to Long Island Sound) Greenport, NY. SCTM #1000-35-1-25. 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 Page 4—Minutes Regular Meeting held September 6, 2012 Southold Town Zoning Board of Appeals subject to receipt of yield information and Emergency Management Response policy. Vote of the Board:Ayes:All. This Resolution was dulyopted (5-0). 11:36 A.M. - GLORIA R. GESLAK #6592 by Patricia Moore, Agent and Gloria R. Geslak, owner. This is a request for a Waiver of Merger under Article II, Section 280- 10A, to unmerge land identified as SCTM #1000-98-5-11, based on the Building Inspector's July 11, 2012 Notice of Disapproval, which states a non-conforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership until the total lot size conforms to the current bulk schedule (minimum 40,000 square feet in this R-40 Residential Zone District) this lot is merged with lot 1000-98-5-12, located at: 215 & 125 Robinson Lane (corner Indian Neck Lane) Peconic, NY. SCTM #1000-98-5-11 & 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 Dinizio, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:51 A.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to take a short recess. Vote of the Board: Ayes: All. 11:59 A.M. 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: 12:00 P.M. - MARY R. FRAUSTO #6590 by Peter Heard, Agent. Applicant requests a Special Exception under Article III, Section 280-13B(13). The Applicant is the owner requesting authorization to establish an Accessory Apartment in an accessory structure, requests variance from Section 280-13B(13)(a) total square footage of more than the maximum livable floor area of 750 square feet, at; 1425 Bay Avenue (adj. to Marion Lake) East Marion, NY. SCTM #1000-31-9-7.3. 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 close the hearing reserving decision subject to receipt of survey showing proposed project, building envelope; septic/drywell. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 12:30 P.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer,.to take a short recess. Vote of the Board: Ayes: All. 1:34 P.M. 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 September 6, 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: 1:35 P.M. - DAVID P. SCHULTZ #6588 by Rob Herrmann, Agent and David Schultz, owner. Request for Variances from Article XXIII Section 280-124, and the Building Inspector's May 30, 2012 Notice of Disapproval based on an application for building permit to construct additions and alterations to existing single family dwelling at 1) less than the minimum side yard setback of 10 feet, 2) less than the combined side yard setbacks of 25 feet, 3) lot coverage of more than the code permitted 20%, located at: 2745 Wickham Avenue (corner of Grand Avenue) (adj. to Long Creek) Mattituck, NY. SCTM #1000-139-2-3. 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 close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:54 P.M. - MILL CREEK PARTNERS, LLC #6589 by Nancy Steelman, Agent and Eugene Burger, owner. Request for Special Exception per Article XIII Section 280-55 (B) 1 to operate a restaurant in a Marine II (MII) District. Located at: 64300 Route 25 (adj. to Southold Bay) Greenport, NY. SCTM #1000-56-7-2. 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 close the hearing reserving decision subject to receipt of Green Marina Initiative.Vote of the Board:Ayes:All. This Resolution was duly adopted (5-0). 2:13 P.M. Member Horning left. 2:15 P.M. - CONSTANCE ZAHRA#6586 by Fred Milner, Agent and Constance Zahra, owner. Request for Variances from Article XXIII Section 280-124 and the Building Inspector's June 14, 2012 Notice of Disapproval based on an application for building permit for demolition of"as built" deck addition and reconstruction of same to existing single family dwelling: 1) less than the code required minimum rear yard setback of 35 feet, 2) lot coverage at more than the code permitted 20%; located at: 2085 Bray Avenue Laurel, NY. SCTM #1000-126-8-15. 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 (4-0). Member Horning was absent. Page 6—Minutes Regular Meeting held September 6, 2012 Southold Town Zoning Board of Appeals There being no other business properly coming before the Board at this time, Chairperson declared the meeting adjourned. The meeting was adjourned at 2:38 P.M. Respectfu submitt d, Vicki Toth q /o?V/2012 Included by ce: File BAD 0) G rd P. Goehringer,Acting Chai " rson ylze2012 pproved for Filing Resolution Adopt d