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Home My WebLink AboutZBA-07/11/2013 BOARD MEMBERS OF S0!/T Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 h0 l0 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Homing O �Q 54375 Main Road(at Youngs Avenue) Ken Schneider l''C�� 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, JULY 11, 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 July 11, 2013 commencing at 9:15 A.M. Present were: Gerard P. Goehringer,Acting Chairperson/Member George Horning, Member Ken Schneider, Member Eric Dantes, Member Jennifer Andaloro,Asst. Town Attorney Vicki Toth, ZBA Secretary Absent: Leslie Kanes Weisman, Chairperson/Member 9:15 A.M.Acting Chairperson Goehringer called the meeting to order. 9:16 A.M.Motion was offered by Member Horning, seconded by Acting Chairperson Goehringer, to enter Executive Session. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Chairperson Weisman was absent 10:00 A.M. Motion was offered by Acting Chairperson Goehringer, seconded by Member Horning, to exit Executive Session. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Chairperson Weisman was absent 10:01 A.M.Acting Chairperson Goehringer 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. BOARD RESOLUTION: Motion was offered by Member Horning, seconded by Acting Chairperson Goehringer, to declare the following Declarations with No Adverse Effect for the following projects as applied: r Page 2—Minutes Regular Meeting held July 11, 2013 Southold Town Zoning Board of Appeals Type II Actions (No further steps- setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests): IDO MIZRAHY(BREEZY SHORES#25)#6660 GRAHAM WILLOUGHBY(BREEZY SHORES#13)#6661 RALPH M. CARBONE, JR.#6664 DINA MASSO#6665 KEVIN GALLAGHER and DOROTHY GALLAGHER#6662 RATSO, LLC#6666 JOHN ABBOTT#6663 Vote of the Board: All. This resolution was duly adopted (4-0). Chairperson Weisman was absent. PUBLIC HEARINGS: The following public hearings were held, with Vicki Toth, ZBA Secretary introducing each application and reading of the Legal Notice as published: 10:03 A.M. - TIMOTHY McMANUS#6657—(Adj. from PH 6/6/13)by William Goggins, Agent. Request for Variances from Article XXII Section 280-116 (B) and Article III, Section 280-15 and the Building Inspector's March 21, 2013 Notice of Disapproval based on an application for building permit for demolition and re-construction of a cabana/shower and decking, at; 1) less than the code required bulkhead setback of 75 feet, 2) less than the code required minimum 10 foot side and/or rear setback for accessory structures, 3) the proposed cabana is not a permitted accessory use, located at: 7725 Nassau Point Road(adj. to Little Peconic Bay) Cutchogue, NY. SCTM#1000- 118-4-5. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) Motion offered by Acting Chairperson Goehringer, seconded by Member Horning, to adjourn the hearing to August 8 2013 at 2:30 P.M. Vote of the Board:Ayes:All This Resolution was duly adopted(4-0). Chairperson Weisman was absent. RESOLUTIONS A. Reminder Confirmation: The Acting Chairperson confirmed the next Special Meeting date for July 25, 2013 at 5:00 PM. B. RESOLUTION ADOPTED: Motion was offered by Acting Chairperson Goehringer, seconded by Member Horning to set the next Regular Meeting with Public Hearings to be held August 8, 2013 at 8:30 AM. Vote of the Board: Ayes: All This Resolution was duly adopted(4-0) Chairperson Weisman was absent. C. RESOLUTION ADOPTED: Motion was offered by Acting Chairperson Goehringer, seconded by Member Horning, to approve minutes from Special Meeting held June 20, 2013. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0) Chairperson Weisman was absent. Page 3—Minutes Regular Meeting held July 11, 2013 Southold Town Zoning Board of Appeals PUBLIC HEARINGS (continued): The following public hearings were held, with Vicki Toth, ZBA Secretary introducing each application and reading of the Legal Notice as published: 10:20 A.M. - IDO MIZRAHY(BREEZY SHORES#25)#6660 by Frank Ullendahl, Agent and Helen Szarka, in favor. Request for Variance from Article XXIII Code Section 280-123A and the Building Inspector's March 7, 2013 Notice of Disapproval based on an application for building permit for additions and alterations to an existing seasonal cottage 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, located at:#25 Breezy Shores Comm. Inc., 65490 Main Road(aka State Route 25 and Sage Blvd.) (adj.to Shelter Island Sound) Greenport, NY. SCTM#1000-53-5-12.6. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Acting Chairperson Goehringer, seconded by Member Horning, to close the hearing reserving decision subiect to receipt of total existing square footage; percentage of increase with proposed additions Vote of the Board:Ayes:All. This Resolution was duly adopted(4-0) Chairperson Weisman was absent. 10:42 A.M. - GRAHAM WILLOUGHBY(BREEZY SHORES#13)#6661 by Frank Ullendahl,Agent; Helen Szarka in favor and Martha Heidenry, neighbor in favor. Request for Variance from Article XXIII Code Section 280-123A and the Building Inspector's March 7, 2013, amended May 2, 2013 Notice of Disapproval based on an application for building permit for additions and alterations to an existing seasonal cottage 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, located at:#13 Breezy Shores Comm. Inc., 65490 Main Road (aka State Route 25 and Sage Blvd.) (adj. to Shelter Island Sound) Greenport, NY. SCTM #1000-53-5-12.6. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Acting Chairperson Goehringer, seconded by Member Schneider, to close the hearing reserving decision subject to receipt of total existing square footage;percentage of increase with proposed additions Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0) Chairperson Weisman was absent. 10:53 A.M. —Motion offered by Acting Chairperson Goehringer, seconded by Member Dantes to recess. Vote of the Board:Ayes:All. 11:00 A.M. - Motion was offered by Acting Chairperson Goehringer, seconded by Member Dantes, to reconvene the meeting. Vote of the Board: Ayes: All. PUBLIC HEARINGS (continued): The following public hearings were held, with Vicki Toth, ZBA Secretary introducing each application and reading of the Legal Notice as published: 11:01 A.M. - RALPH M. CARBONE, JR.#6664 by Stephen Ham,Agent and Ralph Carbone, owner. Request for Variances from Article XXII Code Section 280-116 and Article III Code Section 280-14 and the Building Inspector's April 16, 2013, amended May 13, 2013 Notice of Disapproval based on an application for building permit for r Page 4—Minutes Regular Meeting held July 11, 2013 Southold Town Zoning Board of Appeals additions and alterations to a single family dwelling, at; 1) less than the code required 100 foot setback from top of bluff, 2) more than the code limit number of stories (2 %) with a height of more than the code limit of 35 feet, located at: East End Road, (aka Castle Road) (adj. to Block Island Sound) Fishers Island, NY. SCTM#1000-1-2-5. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) Motion offered by Acting Chairperson Goehringer, seconded by Member Horning, to adjourn the hearing to August 8 2013 at 10:20 A.M pending receipt of requested information re: whether CEHA Permit is needed or exempt; addressing LWRP and Soil and Water recommendations. Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0) Chairperson Weisman was absent. 11:50 A. M. -DINA MASSO#6665 by Meryl Kramer,Agent. Request for Variance from Article XXIII Section 280-124 and the Building Inspector's May 3, 2013, amended May 16, 2013 Notice of Disapproval based on an application for building permit for additions and alterations to an existing single family dwelling, at; 1) less than the code required total side yard setbacks of 35 feet, located at: 5705 Nassau Point Road, (adj. to Little Peconic Bay) Cutchogue, NY. SCTM#1000-111-13-4. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Acting Chairperson Goehringer, seconded by Member Horning, to close the hearing reserving decision. Vote of the Board:Ayes: All This Resolution was duly adopted (4-0) Chairperson Weisman was absent. 11:59 A.M. —Motion offered by Member Schneider, seconded by Acting Chairperson Goehringer to recess. Vote of the Board:Ayes:All. 12:03 P.M. - Motion was offered by Acting Chairperson Goehringer, seconded by Member Horning, to reconvene the meeting. Vote of the Board: Ayes: All. PUBLIC HEARINGS (continued): The following public hearings were held, with Vicki Toth, ZBA Secretary introducing each application and reading of the Legal Notice as published: 12:04 P. M. - KEVIN GALLAGHER and DOROTHY GALLAGHER#6662 by Pat Moore,Agent; Kevin Gallagher, owner and Nancy Heisnee, neighbor in favor. This is a request for a Waiver of Merger under Article II, Section 280-10A, to unmerge land identified as SCTM#1000-70-10-61.1, based on the Building Inspector's January 9, 2013, updated March 21, 2013 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 1000-70-10-62.1, located at: 1800 Park Way and 40 Beachwood (adj. to Goose Creek) Southold, NY. SCTM#'s 1000-70-10-61.1 & 62.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) Motion offered by Acting Chairperson Goehringer, seconded by Member Horning, to adjourn the hearing to July 25, 2013 subject to receipt of updated survey of vacant lot Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0) Chairperson Weisman was absent. 12:45 P.M. —Motion offered by Acting Chairperson Goehringer, seconded by Member Horning to recess. Vote of the Board:Ayes:All. 1:11 P.M. - Motion was offered by Member Horning, seconded by Acting Chairperson Goehringer, to reconvene the meeting. Vote of the Board: Ayes: All. Page 5—Minutes Regular Meeting held July 11, 2013 Southold Town Zoning Board of Appeals PUBLIC HEARINGS (continued): The following public hearings were held, with Vicki Toth, ZBA Secretary introducing each application and reading of the Legal Notice as published: 1:12 P.M. - RATSO. LLC#6666 by Colin Ratsey, owner. Request for Variances from Article XV Code Section 280-64A and Article XV Code Section 280-63 and the Building Inspector's May 13, 2013 Notice of Disapproval based on an application for building permit for additions and alterations to an existing commercial building, at; 1) less than the code required minimum front yard setback of 100 feet from the right of way, 2) less than the code required minimum rear yard setback of 60 feet, located at: 67875 Main Road (aka CR 25) (corner Albertson Lane) Greenport, NY. SCTM#1000-52-5-58.2. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Acting Chairperson Goehringer, seconded by Member Schneider, to close the hearing reserving decision. Vote of the Board:Ayes:All This Resolution was duly adopted (4-0). Chairperson Weisman was absent. 1:26 P.M. -JOHN ABBOTT#6663 by Agena Rigdon, Agent and John Abbott, owner. Request for Variance from Article XXII Code Section 280-1160 based on an application for building permit and the Building Inspector's April 24, 2013 Notice of Disapproval concerning a permit for construction of a 10'X15' covered deck/gazebo, at; 1) less than the code required bulkhead setback of 75 feet, located at: 8630 Peconic Bay Boulevard, (adj. to Great Peconic Bay and Private Road) Laurel, NY. SCTM#1000- 126-5-1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Acting Chairperson Goehringer, seconded by Member Horning, to adjourn the hearing to July 25 2013 subject to receipt of clarification of LWRP comment;VE line noted on survey and setback noted from bulkhead to gazebo Vote of the Board:Ayes:All. This Resolution was duly adopted(4-0). Chairperson Weisman was absent. WORK SESSION: A. Requests from Board Members for future agenda items. There being no other business properly coming before the Board at this time, the Acting Chairperson declared the meeting adjourned. The meeting was adjourned at 2:07 P.M. Respecwtf�ulll^ submitte , Vicki Toth � /2,%2013 Page 6—Minutes Regular Meeting held July 11, 2013 Southold Town Zoning Board of Appeals Included by Reference F' d ZBA Decisions (0) /r Gerard-P:Goehringer Jr. / 01// ,,,.-�oved for Filing � RECEEIIVEEDD 4UL 2 9 2013 �d .gn Clerk