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Home My WebLink AboutZBA-10/03/2013 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson O��QF $UU�yOI 53095 Main Road•P.O.Box 1179 Eric Dantes '` O Southold,NY 11971-0959 Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning ,'mac► • �O 54375 Main Road(at Youngs Avenue) Ken Schneider ��ij'MUM�w 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, OCTOBER 3, 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 October 3, 20.13 commencing at 8:30 A.M. Present were: Gerard P. Goehringer,Acting Chairperson/Member George Horning, Member Ken Schneider, Member (left 1:33 p.m.) Eric Dantes, Member(arrived: 8:36 a.m.) Jennifer Andaloro,Asst. Town Attorney Vicki Toth, ZBA Secretary Absent: Leslie Kanes Weisman, Chairperson/Member EXECUTIVE SESSION: 8:31 A.M.Motion was offered by Acting Chairperson Goehringer, seconded by Member Schneider, to enter Executive Session. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). Member Dantes and Chairperson Weisman were absent 8:36 A.M. Member Dantes arrived. 9:00 A.M. Motion was offered by Acting Chairperson Goehringer, seconded by Member Schneider, to exit Executive Session. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Chairperson Weisman was absent 9:01 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: Page 2—Minutes Regular Meeting held October 3, 2013 Southold Town Zoning Board of Appeals 9:30 A.M. POSSIBLE BOARD RESOLUTION TO CLOSE THE HEARING ON 7850 MAIN ROAD, LLC d/b/a THE BLUE INN at NORTH FORK#6675—(Adj. from 9/5/13, 9/19/13) Request for Special Exception per Article VII Section 280-350 to expand the current restaurant use to include being open to the public, enclose existing patio and surround with a 3 1/2 foot wall located in a Resort Residential(RR) District, located at: 7850 Main Road and Orchard Lane (aka Old Orchard Road) East Marion, NY. SCTM #1000-31-6-17.2. 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 Dantes, to close the hearing reserving decision. Vote of the Board:Ayes:All. This Resolution was duly adopted (4- 0). Chairperson Weisman was absent. STATE ENVIRONMENTAL QUALITY REVIEWS; A. BOARD RESOLUTION: Motion was offered by Acting Chairperson Goehringer, seconded by Member Schneider, 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): MICHAEL LLOYD#6690 SUZANNE S. COLEMAN#6688 RICHARD E. and AMANDA J.T. RIEGEL, III#6684 EDWARD J. FLANNIGAN#6687 MAJORIE SNYDER and ANN NOTTES#6683 LAWRENCE HOLFELDER#6682 BEATE and STEVEN SWANSON#6681 JOHNNY DONADIC#6689 DONALD J. McCALLION#6686 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 ZBA Secretary Toth introducing each application and reading of the Legal Notice as published: 9:06 A.M. -MICHAEL LLOYD#6690 by Donald G. Bracken Jr.,Agent. Request for Variance from Article XXIII Section 280-124 and the Building Inspector's March 25, 2013, updated August 29, 2013 Notice of Disapproval based on an application for building permit for a deck and spa additions to existing single family dwelling: 1) less than the code required minimum front yard setback of 40 feet, located at: 2350 Clearview Avenue (corner Gagen's Landing Road) Southold, NY. SCTM#1000-70-10- 28.3. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Acting Page 3—Minutes Regular Meeting held October 3, 2013 Southold Town Zoning Board of Appeals Chairperson Goehringer, seconded by Member Dantes, to close the hearing reserving decision. Vote of the Board:Ayes:All. This Resolution was duly adopted(4-0). Chairperson Weisman was absent. 9:14 A.M. -RICHARD E. and AMANDA J.T. RIEGEL, III#6684 by Steven Ham, Agent and Brooke Girty, Agent/Architect. Request for Variance from Article XXIII Section 280-124 and the Building Inspector's July 29, 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 60 feet, located at: 3651 Crescent Avenue (corner Central Avenue, Munnatawket Avenue and Fox Avenue) Fisher's Island, NY. SCTM#1000-6-3-1. 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 Dantes, to adjourn the hearing to this afternoon session at 1:30 P.M. Vote of the Board:Ayes:All. This Resolution was duly adopted 4- 0). Chairperson Weisman was absent. 9:30 A.M. Motion was offered by Acting Chairperson Goehringer, seconded by Member Schneider to adjourn for Court Arraignment.Vote of the Board:Ayes:All. This Resolution was duly adopted(4-0). Chairperson Weisman was absent. 10:03 A.M. Motion was offered by Member Horning, seconded by Acting Chairperson Goehringer to reconvene the Public Hearings.Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Chairperson Weisman was absent. PUBLIC HEARINGS (continued): The following public hearings were held, with ZBA Secretary Toth introducing each application and reading of the Legal Notice as published: 10:04 A.M. - EDWARD J. FLANNIGAN#6687 by Amy Martin,Agent. Request for Variance from Article XXII Section 280-1160 and the Building Inspector's July 30, 2013,Amended August 7, 2013 Notice of Disapproval based on an application for building permit for a patio and pergola addition, at; 1) less than the code required bulkhead setback of 75 feet, located at: 330 South Lane (adj. to Gardiners Bay) East Marion, NY. SCTM#1000-38-6-14. 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 bulkhead setbacks for adjacent parcels from Agent. Vote of the Board:Ayes:All. This Resolution was duly adoited (4-0). Chairperson Weisman was absent. 10:15 A.M. - FORDHAM HOUSE, LLC#6680 by Stacey Bishop,Agent;Anthony Vivona, President of Pebble Beach POA—against; Bob Romano, agent for neighbor— against; Bill LaVanos, owner's son—against. (Adj. from PH 9/3/13) Request for Variances from Article IV Code Section 280-18 and Article XXII Code Section 280-116 based on an application for building permit and the Building Inspector's July 24, 2013, Page 4—Minutes Regular Meeting held October 3, 2013 Southold Town Zoning Board of Appeals amended August 6, 2013 Notice of Disapproval concerning a permit to construct a new single family dwelling, at; 1) proposed construction at more than the code maximum height of 2 1/2 stories, 2) lot coverage more than the code permitted 20%, 3)less than the code required 100 foot setback from the top of bluff, located at: 5205 The Long Way (adj. to Long Island Sound) East Marion, NY. SCTM#1000-21-5-11. 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 Dantes, to close the hearing reserving decision subject to receipt of average setbacks to bluff;lot coverage variances in neighborhood and letter from neighbor all to be supplied by Agent. Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Chairperson Weisman was absent. 11:06 A.M. —Motion offered by Acting Chairperson Goehringer, seconded by Member Dantes to recess. Vote of the Board:Ayes:All. 11:11 A.M. - Motion was offered by Acting Chairperson Goehringer, seconded by Member Schneider, to reconvene the meeting. Vote of the Board: Ayes: All. PUBLIC HEARINGS (continued): The following public hearings were held, with ZBA Secretary Toth introducing each application and reading of the Legal Notice as published: 11:12 A.M. - MAJORIE SNYDER and ANN NOTTES#6683 by Frank Ullendahl, Agent. Request for Variance from Article XXIII Section 280-124 and the Building Inspector's July 25, 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: 1245 Inlet Pond Road (corner Green Hill Lane) Greenport, NY. SCTM#1000-33-2-29. 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. 11:25 A.M. - LAWRENCE HOLFELDER#6682 by Frank Ullendahl, Agent. Request for Variance from Article XXII Code Section 280-1160 and the Building Inspector's June 20, 2013 Notice of Disapproval based on an application for building permit for additions and alterations to existing single family dwelling: 1) proposed construction at less than the code required bulkhead setback of 75 feet, located at: 6340 Peconic Bay Boulevard(adj. to Great Peconic Bay) Laurel, NY. SCTM#1000-126-11-1. 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 Dantes, to adjourn the hearing to October 17, 2013 subject to receipt of documentation regarding removal of inconsistency of the LWRP. Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Chairperson Weisman was absent. 11:49 A.M. - BEATE and STEVEN SWANSON#6681 by Frank Ullendahl, Agent. Request for Variances from Article XXIII Section 280-124 and the Building Inspector's Page 5—Minutes Regular Meeting held October 3, 2013 Southold Town Zoning Board of Appeals May 17, 2013, amended June 24, 2013 Notice of Disapproval based on an application for building permit for additions and alterations to existing single family dwelling, at; 1) less than the code required minimum side yard of 10 feet, 2) less than the code required minimum combined side yards of 25 feet, located at: 1120 Truman's Path(adj. to Marion Lake) East Marion, NY. SCTM#1000-31-12-6. 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 subject to receipt of other variances for side ,yards on the lake from the Agent. Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Chairperson Weisman was absent. 12:12 P.M. -JOHNNY DONADIC#6689 by Bruce Anderson,Agent. Request for Variances from Article XXII Code Section 280-1160 and Article XXIII Code Section 124B and the Building Inspector's August 14, 2013, amended August 23, 2013 Notice of Disapproval based on an application for building permit for additions and alterations to existing single family dwelling: 1)proposed construction at less than the code required bulkhead setback of 75 feet, 2) more than the maximum code permitted lot coverage of 20%, located at: 325 Willow Point Road(adj. to a canal) Southold, NY. SCTM#1000-56-5-26. 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 Dantes, to close the hearing reserving decision Vote of the Board:Ayes:All. This Resolution was duly adopted (4-0). Chairperson Weisman was absent. 12:29 P.M. - DONALD J.McCALLION#6686 by Bruce Anderson,Agent; Donald McCallion, owner and Don Suter, neighbor in favor. Request for Variances from Article XXIII Code Section 280-124 and the Building Inspector's August 20, 2013 Notice of Disapproval based on an application for building permit for demolition and reconstruction of a new single family dwelling at; 1) less than the code required minimum side yard setback of 15 feet, 2) less than the total combined side yards of 35 feet, 3) more than the maximum code permitted lot coverage of 20%, located at: 1100 Dean Drive (aka Beachwood Road) (adj. to Great Peconic Bay) Cutchogue, NY. SCTM #1000-116-5-13. 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. 1:04 P.M. —Motion offered by Member Dantes, seconded by Acting Chairperson Goehringer to recess. Vote of the Board:Ayes:All. 1:33 P.M. Member Schneider left. 1:34 P.M. - Motion was offered by Acting Chairperson Goehringer, seconded by Member Dantes, to reconvene the meeting. Vote of the Board: Ayes: All. Page 6—Minutes Regular Meeting held October 3, 2013 Southold Town Zoning Board of Appeals PUBLIC HEARINGS (continued): The following public hearings were held, with ZBA Secretary Toth introducing each application and reading of the Legal Notice as published: 1:34 P.M. --RICHARD E. and AMANDA J.T. RIEGEL, III#6684—REOPENED -by Steven Ham,Agent and Brooke Girty, Agent/Architect. Request for Variance from Article XXIII Section 280-124 and the Building Inspector's July 29, 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 60 feet, located at: 3651 Crescent Avenue (corner Central Avenue, Munnatawket Avenue and Fox Avenue) Fisher's Island, NY. SCTM#1000-6-3-1. 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 close the hearing reserving decision. Vote of the Board:Ayes:All. This Resolution was duly adopted (3-0). Chairperson Weisman and Member Schneider were absent. 1:38 P.M. - SUZANNE S. COLEMAN#6688 by Pat Moore,Agent;Robert Coleman, Owner; Steven Ham for Fishers Island Utility Co., against. Request for Variances from Article III Code Section 280-15 and the Building Inspector's March 4, 2013, renewed August 13, 2013 Notice of Disapproval based on an application for building permit for "as Built" alterations to an existing pool house, construction of an in-ground swimming pool and construction of a gazebo, at; 1) work outside of the scope of the building permit and certificate of occupancy for the pool house, 2)pool house at less than the code permitted minimum side yard setback of 15 feet, 3) pool house at less than the code permitted minimum rear yard setback of 15 feet, 4) In-ground swimming pool in a location other than the code required rear yard, 5) "as built" gazebo in a location other than the code required rear yard, located at: No#Montauk Avenue Fisher's Island, NY. SCTM#1000-9-2-15. 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 Dantes, to adjourn the hearing to December 3, 2013 at 1:30 P.M.. Vote of the Board:Ayes:All. This Resolution was duly adopted(3-0). Member Horning recused himself. Chairperson Weisman and Member Schneider were absent. RESOLUTIONS A. Reminder Confirmation: The Acting Chairperson confirmed the next Special Meeting Date for October 17, 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 November 7, 2013 at 8:30 AM.Vote of the Board:Ayes:All. This Resolution was duly adopted (3-0). Chairperson Weisman and Member Schneider were absent. Page 7—Minutes Regular Meeting held October 3, 2013 Southold Town Zoning Board of Appeals C. RESOLUTION ADOPTED:Motion was offered by Acting Chairperson Goehringer, seconded by Member Dantes, to approve minutes from Special Meeting held September 19, 2013.Vote of the Board:Ayes:All. This Resolution was duly adopted (3-0). Chairperson Weisman and Member Schneider were 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 2:20 P.M. Respectfully bmitte VW— CY Vicki Toth /0 �12013 Included by Reference: Filed-Z sions (0) i' ,,erard P, Goehringer /O /�3/2013 Approved for Filing Resolution Adopt TCT CEIV D 2 4 20 3 So�Q own Clerk