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Home My WebLink AboutZBA-04/04/2013 BOARD MEMBERS �F $BUT Southold Town Hall Leslie Kanes Weisman,Chairperson �� y� 53095 Main Road•P.O.Box 1179 h0 l0 Southold,NY 11971-0959 t Office Location: Gerard P.Goehringer N �r Town Annex/First Floor,Capital One Bank George Horning �Q 54375 Main Road(at Youngs Avenue) Ken Schneider COUNT`1,�� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 MINUTES REGULAR MEETING THURSDAY, APRIL 4, 2013 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 April 4, 2013 commencing at 8:00 A.M. Present were: Leslie Kanes Weisman, Chairperson/Member Gerard P. Goehringer,Vice Chairperson/Member George Horning, Member, left at 2:27P.M. Ken Schneider, Member Jennifer Andaloro,Asst. Town Attorney Vicki Toth, ZBA Secretary 8:02 A.M. Chairperson Weisman opened the meeting. EXECUTIVE SESSION 8:03 A.M. Motion was offered by Member Horning, seconded by Chairperson Weisman, to enter Executive Session. Vote of the Board: Ayes: All. This Resolution was duly adopted (4- 9:38 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 (4-0). 9:45 A.M. Chairperson Weisman called the public hearings to order with the Pledge of Allegiance. The Board proceeded with the first item on the Agenda as follows: STATE ENVIRONMENTAL QUALITY REVIEWS; A. New Applications: RESOLUTION declaring applications that are Page 2—Minutes Regular Meeting held April 4, 2013 Southold Town Zoning Board of Appeals setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests as Type II Actions and not subject to environmental review pursuant to State Environmental Quality Review (SEQR) 6 NYCRR, Part 617.5 (c) (3) , including the following: NICHOLAS and MARY ANTONUCCI#6638 LESLIE L. LaVECCHIA#6634 KATHERINE ANDREADIS#6639 STEVEN and YVETTE EINCZIG#6637 RICHARD FRIZZI#6640 ROBERT and DEANA FINORA#6642 JOHN SPIRO#6636 Vote of the Board: All. This resolution was duly adopted (4-0). PUBLIC HEARINGS: The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 9:48 A.M. -KIMOGENOR POINT, INC. (BINGHAM)#6550—Re-Opened per Board Resolution-by P. Moore, Agent;Jacqueline and Dan Bingham, owner; Scott Edgett, Contractor owner Northfork Woodworks; Kyle Schadt, Contractor; Tom Samuels, Architect. Based on the Building Inspector's March 5, 2013 Notice of Disapproval based on work performed is beyond the scope of the ZBA decision, 1) deemed a demolition and construction of new single family dwelling, located at: 50 Jackson Street(adj. to Great Peconic Bay) New Suffolk, NY. SCTM#1000-116-6-24.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Horning, to adjourn the hearing to May 2, 2013 at 9:30 a.m. subject to receipt of dated color photo's• color coded framing diagrams_ _(new and old): inventory list of remaining portion of original building: and walk through by Board Members Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). 11:07 A.M. —Motion offered by Chairperson Weisman, seconded by Member Goehringer to recess. Vote of the Board:Ayes:All. 11:15 A.M. - Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to reconvene the meeting. Vote of the Board: Ayes: PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 11:15 A.M. - THOMAS SPURGE -#6615—Re-Opened per Board Resolution; by Robert Brown, Architect. Request for Variance from Article XXIII Section 280-124 and the Building Inspector's October 12, 2012 Notice of Disapproval based on an application for building permit for additions and alterations to existing single family dwelling: 1) less than the code required minimum rear yard setback of 35 feet, located at: 3145 Manhanset Avenue Greenport, NY. SCTM #1000-43-1-7. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After Page 3—Minutes Regular Meeting held April 4, 2013 Southold Town Zoning Board of Appeals 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). 11:26 A.M. - DOUGLAS C. and KATHLEEN M. FOLTS#6536 —Re-Opened per Board Resolution;by Mark Schwartz, Architect. Request for Variance from Article XXII, Code Section 280-116B and the Building Inspector's February 11, 2013, Notice of Disapproval based on a building permit application for demolition and construction of a new single family dwelling, at: less than the code required riprap setback of 75 feet, located at: 90 Oak Street (Harbor Lane) (adj. to East Creek a/k/a Eugene's Creek) Cutchogue, NY. SCTM #1000-136-1-54. 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). 11:30 A.M. - NICHOLAS and MARY ANTONUCCI #6638 by Nicholas Antonucci, owner. Request for Variance from Article XXIII Section 280-124 and the Building Inspector's February 21, 2013 Notice of Disapproval based on an application for building permit for additions and alterations to existing single family dwelling: 1) less than the code required minimum front yard setback of 35 feet, located at: 770 Shipyard Lane (corner Landon Road) Southold, NY. SCTM #1000-64-4-20. 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 adjourn the hearing to June 6, 2013 at 9:30 a.m. Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). 11:38 A.M. —Motion offered by Chairperson Weisman, seconded by Member Goehringer to recess. Vote of the Board:Ayes:All. 12:03 P.M. - Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to reconvene the meeting. Vote of the Board: Ayes: RESOLUTIONS A. Reminder Confirmation: Special Meeting Date for April 18, 2013 at 5:00 PM. B. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Goehringer to set next Regular Meeting with Public Hearings to be held May 2, 2013 at 8:30 AM. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). C. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Goehringer to approve Minutes from Special Meeting held March 21, 2012. Vote of the Board: Ayes:All. This Resolution was duly adopted (4-0). 11:38 A.M. —Motion offered by Chairperson Weisman, seconded by Member Goehringer to recess. Vote of the Board:Ayes:All. Page 4—Minutes Regular Meeting held April 4, 2013 Southold Town Zoning Board of Appeals 12:03 P.M. - Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to reconvene the meeting. Vote of the Board: Ayes: 12:06 P.M. - LESLIE L. LaVECCHIA #6634 by Jodi Giglio, Agent; Dolores Quick, Paralegal representing neighbors with concerns. Request for Variance from Article III Code Section 280-15 and the Building Inspector's January 23, 2013 Notice, of Disapproval based on an application for building permit for an accessory in ground swimming pool, at: 1) accessory in ground swimming pool is proposed in a location other than the code required rear yard, located at: 908 Private Road#2, (aka Birds Eye Road) Orient, NY. SCTM #1000-17-2-1.5. 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 adjourn the hearing to April 18 2013 at 5:00 p.m. subject to receipt of landscape plan showing evergreens; fence: and pool location. Vote of the Board: Ayes: All. This Resolution was dWy adopted (4-0). 12:39 P.M. —Motion offered by Chairperson Weisman, seconded by Member Goehringer to recess. Vote of the Board:Ayes:All. WORK SESSION A. Discuss recommendations to Town Board regarding possible changes to accessory apartment in accessory structure code. B. Nonconforming buildings with nonconforming uses. 1:30 P.M. - Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to reconvene the meeting. Vote of the Board: Ayes: PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 1:34 P.M. - KATHERINE ANDREADIS #6639 by Mark Schwartz, Architect. Request for Variances from Article XXIII Section 280-124 and Article III Section 280-15 and the Building Inspector's January 22, 2013 Notice of Disapproval based on an application for building permit for construction of a new single family dwelling and accessory in-ground swimming pool: 1) less than the code required minimum front yard setback of 35 feet, 2) less than the code required minimum rear yard setback of 35 feet, 3) more than the code permitted maximum lot coverage of 20%, 4) accessory in- ground swimming pool proposed in a location other than the code required rear yard, located at: 300 Fiddler Lane (corner Meadow Lane) Greenport, NY. SCTM#1000-36-2- 10. 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 revised survey. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Page 5—Minutes Regular Meeting held April 4, 2013 Southold Town Zoning Board of Appeals 1:52 P.M. - STEVEN and YVETTE EINCZIG #6637 by Pat Moore, Agent and Eileen Santora, Residential Designer. Request for Variance Article XXII Section 280-116 (B) and the Building Inspector's January 9, 2013 Notice of Disapproval based on an application for building permit for demolition and reconstruction of an existing single family dwelling at; 1) less than the code required bulkhead setback of 75 feet, located at: 3055 Wells Avenue (adj. to Jockey Creek) Southold, NY. SCTM #1000-70-4-11. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to close the hearing reserving decision subject to receipt of revised plans and survey. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 2:27 P.M. Member Horning left. 2:27 P.M. - RICHARD FRIZZI #6640 by Pat Moore, Esq. and Joe Spitillaire, Contractor. Request for Variances from Article XXIII Section 280-124 and Article XXII Section 280-116B and the Building Inspector's March 1, 2013 Notice of Disapproval based on an application for building permit for construction of a new single family dwelling: 1) less than the code required minimum single side yard setback of 10 feet, 2) less than the code required minimum combined side yard setback of 25 feet, 3) less than the code required minimum rear yard setback of 35 feet, 4) more than the code permitted maximum lot coverage of 20%, 5) less than the code permitted bulkhead setback of 75 feet, located at: 680 Rabbit Lane (adj. to Gardiners Bay) East Marion, NY. SCTM#1000-31-18-15. 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 (3-0). Member Horning was absent. 2:42 P.M. - ROBERT and DEANA FINORA #6642 by Deana Finora, owner and Bob Finora, father-in-law. Request for Variance from Article III Code Section 280-15 and the Building Inspector's February 15, 2013 Notice of Disapproval based on an application for building permit to construct accessory building, at: 1) accessory building is proposed in a location other than the code required rear yard, located at: 165 Orchard Street New Suffolk, NY. SCTM#1000-117-5-33. 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 photos of other accessory building in front yards or google map• letters in support. Vote of the Board:Ayes:All This Resolution was duly adopted (3-0). Member Horning was absent. 3:02 P.M. - JOHN SPIRO #6636 by Alta Indelman, Architect; Melissa Spiro, owner. Request for Variances from Article XXIII Section 280-124 and Article III Section 280- 15 and the Building Inspector's February 14, 2013 Notice of Disapproval based on an application for building permit for additions and alterations to existing single family dwelling and to construct an accessory shed: 1) less than the code required rear yard setback of 50 feet for single family dwelling, 2) accessory shed proposed in location other than the code required rear yard, located at: 340 Glenwood Road Cutchogue, NY. Page 6—Minutes Regular Meeting held April 4, 2013 Southold Town Zoning Board of Appeals SCTM #1000-110-6-5. 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 subject to receipt of correct rear yard setback. Vote of the Board:Ayes:All. This Resolution was duly dopted (3-0). 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 3:38 P.M. Resp''eclItfu ubmit ed, Vicki Toth //V 12013 Included by Reference: Filed ZBA Decisions (0) l 4 ` Leslie Kanes Weisman, Chairperson // /2013 Approved for Filing Resolution Adop ed RE 1 ED APR 2 2 2013 S th I Town Ci