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Home My WebLink AboutZBA-11/15/2012 Special BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson o��jF SoUjyOl 53095 Main Road•P.O.Box 1179 p Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning • �O� 54375 Main Road(at Youngs Avenue) Ken Schneider CDUN Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 •Fax(631)765-9064 MINUTES SPECIAL MEETING THURSDAY NOVEMBER 15, 2012 A Special Meeting of the SOUTHOLD TOWN ZONING BOARD OF APPEALS was held at the Southold Town Hall Annex, Capitol One Bank Building, First Floor Conference Room, 54375 Main Road at Youngs Avenue, Southold on Thursday November 15, 2012 commencing at 5:00 P.M. Present were: Leslie Kanes Weisman, Chairperson/Member Gerard P. Goehringer, Member James Dinizio, Member Vicki Toth, Zoning Board Assistant Absent: George Horning, Member Ken Schneider, Member Call to Order at 5:07 P.M. by Chairperson Weisman. The Board proceeded with the Agenda as follows: STATE ENVIRONMENTAL QUALITY REVIEWS: A. New Applications: reviews (pending). DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: 5.08 P.M. KIMOGENOR POINT INC. (BINGHAM) - #6550 — (adj. from November 1, 2012)Re-opened by Resolution for the sole purpose of reviewing the proposed construction method for the foundation and the preservation of portions of the existing dwelling as described and granted in the original decision #6550, located -at: 50 Jackson Street New Suffolk, NY. SCTM #1000-116-6-24.1. BOARD RESOLUTION: Page 2—Minutes Special Meeting held November 12, 2012 t Southold Town Zoning Board of Appeals (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 (3-0). Members Horning and Schneider were absent. 5:13 P.M. MICHAEL and DEBRA THOMPSON#6600 - (adj. from November 1, 2012) Request for Variance from Article XXIII Section 280-122A and the Building Inspector's September 20, 2012 Notice of Disapproval based on an application for building permit for partial demolition and second story re-construction to an existing single family 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, located at: 9280 Nassau Point Road (adj. to Peconic Bay) Cutchogue, NY. SCTM #1000-118-6-6. 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 (3-0). Members Horning and Schneider were absent. 5:15 P.M. EMILIA and ILYA KABAKOV#6602 - (adj. from November 1, 2012) Request for Variances from Article III Section 280-15(B & C) and the Building Inspector's September 24, 2012 Notice of Disapproval based on an application for building permit to construct an addition to an existing accessory building at: 1) more than the code permitted maximum height of 22 feet, 2) more than the code permitted square footage of 3% maximum, located at: 1700 Park Avenue (adj. to Great Peconic Bay) Mattituck, NY. SCTM #1000-123-8-5. 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 based on alternative relief request amended plan. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). Members Horning and Schneider were absent. 5:25 P.M. DIANE B. RYAN#6601 - (adj. from November 1, 2012) Request for Variance from Article XXIII Section 280-124 and the Building Inspector's September 18, 2012 Notice of Disapproval based on an application for building permit for partial demolition and additions/alterations to an existing single family seasonal dwelling at: 1) less than the code required front yard setback of 40 feet, both streets on this corner lot, located at: 320 Fleetwood Road (corner Hamilton Avenue) Cutchogue, NY. SCTM #1000-110-4-13. 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 3-0). Members Horning and Schneider were absent. 5:27 P.M. DAVID KORCHIN and JOAN RENTZ#6604 - (adj. from November 1, 2012) Request for Variances from Article XXIII Section 280-124 and the Building Inspector's July 27, 2012, updated October 4, 2012 Notice of Disapproval based on an application for building permit for "as built" shed and deck addition to an existing single family dwelling at: 1) less than the code-required minimum side yard setback of 10 feet; 2) less than the code required rear yard setback of 35 feet, located at: 2085 Bay Avenue Page 3—Minutes Special Meeting held November 12, 2012 Southold Town Zoning Board of Appeals (adj. to Marion Lake) East Marion, NY. SCTM#1000-31-17-3. 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 (3-0). Members Horning and Schneider were absent. 5:30 P.M. JOSEPH M. MELLY#6603 - (adj. from November 1, 2012) This is a request for a Waiver of Merger under Article II,`Section 280-10A, to unmerge land identified as SCTM #1000-104-2-24, based on the Building Inspector's June 14, 2012, updated September 10, 2012 Notice of Disapproval, which states adjoining conforming or nonconforming lots held in common ownership shall merge 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 1000-104-2-23, located at: 1375 and 1475 Sterling Road (corner Horton Road) Cutchogue, NY. SCTM#'s 1000-104-2-24 & 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 (3-0). Members Horning and Schneider were absent. 5:31 P.M. BEE-HIVE DEVELOPMENT CORP. #6605 - (adj. from November 1, 2012) Request for Variance from Article XXII, Section 280-116(B), based on the Building Inspector's August 14, 2012 Notice of Disapproval concerning an application for construction of a new single family dwelling at: 1) less than the code-required minimum setback of 75 feet from a bulkhead, located at; 400 Old Cove Blvd. (corner Beverly Rd.) (adj. to Arshamomaque Pond aka Mill Creek) Southold, NY. SCTM #1000-52-2-14. 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 (3-0). Members Horning and Schneider were absent. The Board continued with agenda items, and commenced deliberations on the following applications. The original determinations of each of the following applications as decided are filed with the Southold Town Clerk: APPROVED AS APPLIED (AMENDED): KIMOGENOR POINT, INC. (BINGHAM)#6550 APPROVED AS APPLIED: DIANE B. RYAN#6601 CONDITIONAL APPROVAL: BEE-HIVE DEVELOPMENT CORP.#6605 Page 4—Minutes ' Special Meeting held November 12, 2012 Southold Town Zoning Board of Appeals RESOLUTIONS/UPDATED REVIEWS/OTHER: A. RESOLUTION ADOPTED: Motion offered by Chairperson Weisman, seconded by Member Goehringer, to set the next Regular Meeting with Public Hearings to be held December 6, 2012 at 8:30 AM. Vote of the Board: Ayes: All. This Resolution was duly adopted 3-0). Members Horning and Schneider were absent B. RESOLUTION ADOPTED: Motion offered by Chairperson Weisman, seconded by Member Goehringer, to approve minutes from Regular Meeting held November 1, 2012. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). Members Horning and Schneider were absent. WORK SESSION A. Requests from Board Members for agenda items. There being no other business properly coming before the Board at this time, Chairperson declared the meeting adjourned. The meeting was adjourned at 5:46 P.M. Respectfu submitted, Vicki Toth fr: ./�o/2012 Included b _ eference: Filed ZBA Decisions (3) r z Leslie'Kanes Weisman, Chairperson/�//2012 Approved for Filing Resolution Adopted RE EIVE 4- DEC2 2012 So hold Town Clerk