HomeMy WebLinkAboutZBA-02/25/1997 SPEC APPEALS BOARD MEMBERS
�O �G Southold Town Hall
Gerard R Goehringer,Chairman y1 53095 Main Road
Serge Doyen y = P.O. Box 1179
James Dinizio, Jr. p Southold, New York 11971
Robert A. Villa � Q� Fax(516)765-1823
Lydia A.Tortora �l �`a Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
M I N U T E S
SPECIAL MEETING
TUESDAY, FEBRUARY 25, 1997
Present were: Gerard P. Goehringer, Chairman; James Dinizio,
Jr. ; Robert A. Villa and Lydia Tortora. Also present was: Linda
Kowalski, Confidential ZBA Secretary, and approximately eight
persons in the audience.
Place of Meeting: Town Conference Room (next to Supervisor's
Office) .
Time of Meeting: The Chairman called the meeting to order at
7:00 p.m.
AGENDA ITEM I: PUBLIC HEARINGS, continued from 2/6/97 meeting:
7:08 p.m. - 7:48 p.m. Appl. No. 4452 - CHRISTINA RIVERA,
has submitted a new map modified in behalf of applicant showing
proposed removal of existing nonconformity (garage setback) and
removal of outdoor shower from the side yard location. Mrs. Rivera
spoke in behalf of her application. (See written transcript of
hearing with all conversations and discussions, prepared under
separate cover and filed with the Town Clerk's Office for reference.)
At the end of this discussion, the following resolution was adopted:
On motion by Chairman Goehringer, seconded by Member
Dinizio, and duly carried, it was
RESOLVED, to recess and continue the hearing after about five
minutes.
VOTE OF THE BOARD: AYES: All. (Nay: None) . This
resolution was duly adopted.
7:48 p.m. - 8:11 p.m. PUBLIC HEARING, which was concluded
as noted below:
Appl. No. 4401 - DAVID DEFRIEST. (Update: Town Trustee
representative has inspected property, at request of ZBA, and
placed stakes designating border of wetland grasses. Mr. Willsby
was present. (See written transcript of hearing statements,
Page 2 - Minutes (R---lutions)
Special Meeting held February 25, 1997
Southold Town Board of Appeals
prepared under separate cover and filed with the Town Clerk's office
for reference. ) At the end of the hearing, the following resolution
was adopted:
On motion by Chairman Goehringer, seconded by Member
Tortora, and duly carried, it was
RESOLVED, to close (conclude) the hearing, pending
deliberations and decision at a later date. This resolution was duly.
adopted (4-0) . (Absent was: Member Doyen.)
AGENDA ITEMS I. RESOLUTION: On motion by Chairman
Goehringer, seconded by Member Dinizio, it was
RESOLVED, to recess the hearing in the Matter of Appl. #4458
of MICHAEL HUGHES d/b/a NORTH SHORE YACHT SALES until
March 13, 1997.
(Note: The purpose of the recess was because the full map with
site elements from applicant, as requested by the board at its
previous meeting, was not received as expected by today. )
VOTE OF THE BOARD: Ayes: All. NAY: (None) . This
reoslution was duly adopted. (Absent was: Member Doyen of
Fishers Island. )
8:11 - 8:34 p.m. PUBLIC HEARING, continued:
Appl. No. 4452 - CHRISTINA RIVERA, has submitted a new
map modified in behalf of applicant showing proposed removal of
existing nonconformity (garage setback) and removal of outdoor
shower from the side yard location. Mrs. Rivera spoke in behalf of
her application'. (See written transcript of hearing with all
conversations and discussions, prepared under separate cover and
filed with the Town Clerk's Office for reference. ) At the end of
discussions at 8:34 p.m. , the following resolution was adopted:
On motion by Chairman Goehringer, seconded by Member
Dinizio, and duly carried, it was
RESOLVED, to recess and continue the hearing until March 13,
1997 as agreed by applicant to clarify and/or submit another map as
suggested during discussions at tonight's hearing.
VOTE OF THE BOARD: AYES: All. (Nay: None.) (Absent
was: Member Doyen of Fishers Island.) This resolution was duly
adopted.
i
Page 3 - Minutes (R .. lutions)
Special Meeting held February 25, 1997
Southold Town Board of Appeals
AGENDA ITEM II. DELIBERATIONS/DECISIONS: Attached on the
following pages are the final determinations:
Appl. No. 4454 - SALVATORE and IRENE ARIOSTO.
1000-106-09-4.8. Conditional approval (see attached).
Appl. No. 4457 - JAMES and DIANA MINORUE. 1000-115-10-6.
Conditional approval (see attached).
Appl. No. 4460 - LOIS T. ANDERSON. 1000-70-4-45.5.
Conditional approval (see attached).
Appl. No. 4456 - FRANK and PATRICIA REILLY. 1000-99-3-18.
Conditional approval (see attached).
Page 4; - Minutes (Resolutions)
Special Meeting - Feb . 25 , 1997
Board of Appeals
AS PER BOARD RESOLUTION OF FEBRUARY 25, 1997
PUBLIC HEARING HELD FEBRUARY 6, 1997
ACTION OIL THE BOARD
Appeal #4454 - SALVATORE ARIOSTO PARCEL ID #1000-106-9-4.8.
LOCATION OF PROPERTY: 110 Selah Lane, Mattituck, NY.
DESCRIPTION: Property is located in A/C District. The lot is
situated on the northwest corner of Selah Lane and West Mill Road
and contains a conforming lot area of 34,462 sf (also shown on on
filed subdivision map of West Mill) .
BASIS OF APPEAL: Notice of Disapproval issued by the Building
Inspector dated 10/9/96, which reads as follows: under Article III,
Sections 100-33, 100-30A.4 "accessory building and structures shall
be located in the required rear yard."
RELIEF REQUESTED: Permit to locate "as built" 10' x 12' accessory
storage shed at a distance estimated to be 57 feet from front yard
property line on West Mill Road, approximately 88 feet from Selah
Lane.
REASONS/FINDINGS:
*Property contains two front yards and abuts 50 ft. scenic buffer on
Mill Road.
*Plight of applicant is unusual because location of shed would
conform to required rear yard setback if situated on interior lot.
*No undesirable change will be produced in the character of the
neighborhood or a detriment to nearby properties by grant of this
variance.
*Location of the shed will benefit applicant by providing wheelchair
access over paved driveway to shed.
*Alternate location of shed in rear yard, adjacent to north end of
driveway, would create snow barrier to shed when driveway plowed.
*Variance request is not substantial and will not have an adverse
environmental effect on conditions in the neighborhood or to the
50-foot buffer area.
Page 5 - M__inutes i solutions)
Re: Appl. of Salvatore Ariosto
Action of the Board of Appeals
Special Meeting - Feb . 25 , 1997
Motion made by MEMBER Member Tortora, seconded by Chairman
Goehringer, it was
RESOLVED, to GRANT the relief requested under Appeal No. 4454,
SUBJECT TO THE FOLLOWING CONDITIONS:
1. Shed to only be used for storage purposes.
2. The applicant is to plant a row of evergreen shrubs,
approximately three to five feet high, the length of the shed, on the
northeast side facing the scenic buffer.
3. The shed shall not have utilities, electric or plumbing (as
proposed) .
4. If expanded, further consideration is required.
VOTE OF THE BOARD: AYES: All: Members Goehringer, Dinizio,
Villa and Tortora. (Member Doyen of Fishers Island was absent.)
This resolution was duly adopted.
The following signatures confirm the above to be correct. A refusal
to sign or other no-signature will not affect the validity of this
determination.
Page6 - Minutes of )ecial Meeting held Feb . 1997
APPEALS BOARD MEMBERS
�O G Southold Town Hall
Gerard P. Goehringer, Chairman y1 53095 Main Road
Serge Doyen c�r� 2 P.O. Box 1179
James Dinizio,Jr. p O Southold, New York 11971
Robert A. Villa 41- Fax(516) 765-1823
Lydia A.Tortora Ol �a Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
RESOLUTION OF FEBRUARY 25, 1997
FINDINGS AND DETERMINATION
Appl. No. 4457 - JAMES AND DIANA MINOGUE
PARCEL ID: 1000-115-10-6
STREET ADDRESS: 5650 New Suffolk Avenue, Mattituck, NY
DESCRIPTION: Property is located in an R-40 District. The lot is
situated on the south side of New Suffolk Avenue with water
frontage on Deep Hole Creek. It contains a nonconforming lot area
of 6,776 sq. ft. and is improved with a single-family dwelling,
attached deck, and a shed.
BASIS OF APPEAL: Notice of Disapproval issued by the Building
Inspector° dated Januray 3, 1997, which reads as follows: under
Article IIIA, Section 100-30A.3 "proposed construction will exceed
the 20 percent lot coverage of all structures in a R-40 Zone."
Existing lot coverage is 21 percent and the proposed addition will
increase the total lot coverage, to 24 percent (see map drawing
submitted for consideration) .
RELIEF REQUESTED: To convert first floor bedroom into a one-care
garage by construction of a two-story 200 square-foot addition to the
existing structure on the easterly side, according to site plan
prepared by Donald G. Feiler, Architect dated 11/25/96 and 8/7/96.
(Note: The ZBA staff has checked with Town Trustees office
2/27/97 as requested by Member Tortora, and it is noted that
applicant's proposed addition and Property was inspected by the
Town Trustees under the wetlands ordinance and is expected to be a
non-jurisdiction project) .
REASONS/FINDINGS FOR APPROVAL:
This is a nonconforming lot with total rea of 6,776 sq. ft.
Existing lot coverage if 210.
Proposed addition will increase lot coverage to 24 0.
Grant of variance will not produce undesirable change in character
of neighborhood which consists of many similar-sized lots.
Benefit cannot be achieved without a variance because of
nonconforming lot size, as well as width and depth. The proposed
location of the addition is reasonable.
Relief requested is not substantial, approximately three percent
(3 0) , when weighed against the limited size of the property.
The garage addition will provide for offstreet parking of vehicles.
Page -7 Appl. No. __57
Re: James and Diana Minogue
Final Action of the Board of Appeals
No adverse effect will result from the proposed construction, which
was recently inspected by the Southold Town Trustees and
determined out of their jurisdiction.
On motion by Member Villa, seconded by Member Tortora, it was
RESOLVED, to GRANT the relief requested under Appl. #4457 with
the FOLLOWING CONDITION: The proposed addition shall not be
protrude into the front yard area.
AYES: All present (4-0) . Members Goehringer, ' Dinizio, Tortora
and Villa. (Member Doyen was absent
Three signatures hereby confirms the above to be correct. A
refusal to sign or other non-si re will a t e validity
of this determination.
/97
CHAIRMAN E BEIC G. G EHRINGER
(( / /97
R J. I,7bN ,
(-f / /97
EMB_FkR R. VILLA—,,
/ /97
ME ER L. TORTORA
-----------------
Actions/115010.6
Page 8 Minutes
Special Meeting held Feb . 25 , 1997
Board of Appeals
FINDINGS, DELIBERATIONS AND DETERMINATION
ADOPTED AT REGULAR MEETING OF FEB. 25) 1997
Appl. #4460 - LOIS ANDERSON PARCEL 1000-70-4-45.5
STREET ADDRESS: 2515 Calves Neck Road, Southold, NY
DATE OF PUBLIC HEARING: February 6, 1997
FINDINGS (PROPERTY FACTS):
DESCRIPTION: Property is located in an R-80 District and is situated on
the south side of Calves Neck Road with water frontage on Jockey Creek.
It contains a nonconforming lot area of 1.23 acres and is improved with a
single-family dwelling.
BASIS OF APPEAL: Building Inspector's December 16, 1996 Notice of
Disapproval, which reads as follows: under Art. XXIII, Sec. 100-239.4B
t'proposed construction would be within 75 feet of an existing bulkhead."
RELIEF REQUESTED BY APPLICANT: (1) To construct 14 ft.. 2 in. by 12
ft. deck addition onto existing dwelling, the outermost edge of which would
be setback 56 ft. 5 inches from the wooden bulkhead. (2) To construct 16
ft. 6 in. by 10 ft. addition, the outermost edge which would be set back 60
ft. 6 inches from the bulkhead. Two-story dwelling is presently indicated to
be located no closer than 75 feet. to bulkhead on the south side, and 61 feet
4 inches on the southeast corner of existing structure, according to site
plan prepared Donald A. Denis, A.I.A. dated 7 Jan. 97.
REASONS FOR BOARD ACTION, DESCRIBED BELOW:
The house is situated diagonally to Calves Neck Road and to the existing
wooden bulkhead. While the proposed additions would be roughly parallel
to the existing dwelling and within the outermost edges of the dwelling, the
unusual location of the dwelling precludes further addition in this area
without reduced setback to the wooden bulkhead.
* The relief requested is substantial, being a setback of 56 ft. 6 inches on
the deck addition, and 60 ft. 6 inches on the addition, instead of the code
required 75 ft. setback from the wooden bulkhead.
* The difficulty is due to diagonal location of the dwelling on the property
and of the environmental and physical constraints of situating the proposed
additions.
* The proposed additions are modest in size and the benefit sought by the
applicant cannot be achieved without a variance.
Page 9 - M i n u.t.e s
Decision Regarding Lois Anderson
Special Meeting of Febr. 25, 1997
No undesirable change in character of neighborhood will be produced, nor
will there be a detriment to nearby properties by the grant of this
variance.
The physical and environmental conditions in this area will not be
adversely impacted and the Southold Town Trustees have reviewed this
application and granted a permit on November 25, 1996 regarding the
above-stated proposed additions.
RESOLUTION/ACTION ADOPTED: On motion by Member Tortora, seconded
by Member Villa, it was
RESOLVED, to GRANT the relief requested under Appl. #4460 with the
FOLLOWING CONDITION: That the deck addition shall remain open and
unroofed, as proposed in this application request.
AYES: Members Goehringer, Dinizio, Villa and Tortora (4-0) . (Member
Doyen was absent. )
Page 10' - Minutes
Special Meeting of Feb . 25 , 1997
Board of Appeals
AS PER RESOLUTION ADOPTED FEBRUARY 25, 1997
PUBLIC HEARING HELD FEBRUARY, 6, 1997
ACTION OF THE BOARD OF APPEALS
Appl. #4456- FRANK AND PATRICIA REILLY PARCEL #1000-99-3-18
LOCATION OF PROPERTY: 25 East Side Avenue, Mattituck.
BASIS OF APPEAL: Applicants are requesting to construct addition
to existing dwelling which does not conform to 35 ft. setback
requirement.
FINDINGS: Code requires 40 ft. setback today for new
construction. The existing setback is shown at 35 feet at its
closest point, and the proposed setback is 27 feet. No other
buildings existing within 300 feet on the same side of the street,
same block.
MOTION by Member Villa, seconded by Member Tortora, it was
RESOLVED, to GRANT the relief requested under Appl. #4456, as
applied, for the reason that applicants' property consists of a
corner lot with paved town road; has three front yards; and has
insuficient distance; is a half-moon shape; and access is adjacent to
a paper street which is the nature of this appeal.
REASONS:
1. The amount of relief is not substantial.
2. There will not be an undesirable change in the character of
the neighborhood, based upon the setback from this paper street.
3. Property contains three front yards with no private access
needed off of paper streets since access is gained by use of town
road (East Side Avenue.) .
4. Difficulty is not self-created and is due to the extremely
irregular shape of the property.
VOTE OF THE BOARD: Ayes: All (4-0) : Members- Goehringer,
Dinizio, Villa and Tortora. (Member Doyen of Fishers Island was
absent.) This resolution was duly adopted.
The following signatures confirm the above to be correct. A refusal
to sign or other no-signature will not affect the validity of this
determination.
End of action as filed with Town Clerk on 2/28/97
• Page 11- Minutes (R lutions)
Special Meeting held February 25, 1997
Southold Town Board of Appeals
DELIBERATIONS/DECISIONS, continued:
Appl. No. 4448 - MARIA ANDRIOPOULOS. 1000-107-7-9.
Denial, with alternative, and new resolution for conditions, below:
FINDINGS, DELIBERATIONS AND DETERMINATION
ADOPTED AT REGULAR MEETING OF FEB. 25, 1997
Appl. No. 4448 - MARIA ANDRIOPOULOS PARCEL 1000-107-7-9
STREET ADDRESS: 1605 Westview Drive, Mattituck, NY
DATE OF PUBLIC HEARING: February 6, 1997
FINDINGS (PROPERTY FACTS):
DESCRIPTION: Property is located in an R-40 Residential District.
The lot is situated on the west side of Westview Drive with 75 ft.
frontage on Mattituck Creek. It contains a total lot area of 11,761
sq. ft. and is improved with a one-story frame dwelling (ref. survey
dated Feb. 3, 1997) .
BASIS OF APPEAL: Building Inspector's November 21, 1996 Notice
of Disapproval, which reads as. follows: under Article XXIII, Section
100-239.4, "proposed construction is within 75 feet of an existing
bulkhead, concrete wall, riprap or similar structure adjacent to a
tidal water body."
RELIEF REQUESTED BY APPLICANT: To construct deck addition to
a single-family dwelling as shown on map sketched in red ink by
applicant, with a setback confirmed on 2/13/97 to be 52 feet
(previously sketch indicated proposal at 48 feet on a rough sketch)
to the "wood bulkhead along mean high water."
REASONS FOR BOARD ACTION, DESCRIBED BELOW:
Grant of relief as requested will produce an undesirable change in
the general setbacks established in the neighborhood.
Grant of alternative relief will not produce undesirable change or
adverse effect in the general character of neighborhood which would
be similarly in line with others in the neighborhood of similar-sized
lots.
Benefit cannot be achieved without a variance because of
nonconforming lot size, as well as width and depth.
The location as requested is not the minimum.
Relief requested is substantial, when weighed against the limited
size of the property.
Off-street parking will be provided for vehicles by applicant.
RESOLUTION/ACTION: On motion by Member Tortora, seconded by
Chairman Goehringer, it was
Page 1'2- Minutes (R___lutions)
Special Meeting held February 25, 1997
Southold Town Board of Appeals
RESOLVED, to DENY the relief requested by applicant between 48
and 52 feet, and to GRANT ALTERNATIVE RELIEF as noted below:
1. Conditional alternative relief for proposed open deck
construction shall be with the following (minimum) setbacks:
a) not closer than 13 feet to the northerly side yard;
b) not closer than 55 ft. to most outward bulkhead (along
mean high water mark) ;
c) side yard at the northerly side must remain open (not be
closed or obstructed) .
2. No steps shall protrude into the side yard area.
AYES: Members Goehringer, Dinizio, Villa and Tortora (4-0) .
Member Doyen of Fishers Island was absent.
Member Tortora offered a motion RESCINDING the above resolution,
recalling the resolution to add a third condition, noted below:
On motion by Member Tortora, seconded by Chairman
Goehringer, and duly carried, it was
RESOLVED, to RESCIND the prior resolution (noted above) in
the Matter of Appl. No. 4448 - MARIA ANDRIOPOULOS, and be it
FURTHER
RESOLVED, to adopt the following NEW RESOLUTION FOR
ALTERNATIVE RELIEF:
1. Conditional alternative relief for proposed open deck
construction shall be with the following (minimum) setbacks:
a) not closer than 13 feet to the northerly side yard;
b) not closer than 55 ft. to most outward bulkhead (along
mean high water mark);
c) side yard at the northerly side must remain open (not be
closed or obstructed) .
2. No outside storage of construction supplies or materials for more
than 14 days at any time in the front yard.
3. No steps shall protrude into the side yard area.
AYES: Members Goehringer, Dinizio, Villa and Tortora (4-0) .
(Member Doyen of Fishers Island was absent.) This resolution was
duly adopted.
Appl. No. 4451 - MARIAN JEAN PRAUS. Approved as applied
(see attached determination). #1000-104-13-12.
_Jr
Page ._12-A Minutes -of , :cial Meet Februai 25 1997
APPEALS BOARD MEMBER;. ��'p '
G Southold Town Hall
Gerard P. Go*ehringer,Chairman 53095 Main Road
Serge Doyen w =A.
.O. Box 1179
Robert A. Villa James DA Vi,Jr.Jr.11a p r^ Southold, New York 11971
'f'�j� �0�. Fax(516) 765-1823
Lydia A.Tortora Telephone(516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
ADOPTED AT REGULAR MEETING OF FEB. 25, 1997
Appl. No. 4449 - MARIAN JEAN PRAUS; PARCEL 1000-104-13-12
PROPERTY ADDRESS: 3175 Nassau Point Road, Cutchogue, NY
DATE OF PUBLIC HEARING: 2/6/97
FINDINGS (PROPERTY FACTS):
DESCRIPTION: Property is located in an R-40 Residential District.
The lot is situated on the easterly side of Nassau Point Road with
road frontage of 99.94 feet, and frontage along Little Peconic Bay.
It contains an acreage of .95 acre and is improved with a one-story
frame dwelling, accessory garage, and timber landing with steps
(ref: survey dated Nov. 15, 1996).
BASIS OF APPEAL: Building Inspector's December 6, 1996 Notice of
Disapproval, which reads as follows: "under Article XXIII, Section
100-239.4B, all buildings located on lots upon which a bulkhead,
concrete wall, riprap or similar structure exists and which are
adjacent to tidal water bodies other than sounds shall be set back
not less than 75 ft. from the bulkhead."
RELIEF REQUESTED BY APPLICANT: For approval of "as built"
accessory deck with stairs (for access over timber bulkhead) in its
present location shown on the November 15, 1996 survey, situate
adjacent to the ordinary high water mark.
RZASONS FOR BOARD ACTION, DESCRIBED BELOW:
Deck construction is a replacement of a former structure destroved
by a storm of the same or similar dimensions.
Grant of variance will not produce undesirable change in character
of neighborhood which consists of many similar-sized lots.
Benefit cannot be achieved without a variance because beach is
0-� approximately 4 to 5 ft. below level of the lot proper.
3/G The use is .for access and the location, as exists, is not
unreasonable.
No adverse effect will result from the structure, which has existed.
RESOLUTION/ACTION: On motion by Member Dinzio, seconded by
Member Villa, it was
Page• 12B-Appl. No. ,—:9
Decision Rendered 1 25, 1997
Property of Marion Praus
RESOLVED, to GRANT the relief requested under Appl. #4449
(Praus) with the FOLLOWING CONDITION: The structure must
remain open to the sky, as exists.
AYES: Members Goehringer, Dinizio, Villa and Tortora (4-0) .
Absent was: Member Doyen (Fishers Island)
Approved for Filirt
GERARD P. GOEHRINGE CHAIRMAN
-------------------
Actions.ZB/10413.12
Page 13 -Minutes (R,,.-.,lutions)
Special Meeting held February 25, 1997
Southold Town Board of Appeals
Note: No decision was made in the Matter of Appl: No. 4455 -
JOHN and CATHLEEN HARRISON until there is a legal consultation
with the Town Attorney by members about time periods for
upzoning, and its effect on merger time periods. This was carried
over until the next board meeting.
Agenda Item IV:
A) RESOLUTION: SERRA - Unlisted Action. Matter of
Edward and Evelyn Halpert. (Carryover from 1/16 and 2/6/97). No
action was agreed until a response was received from the Building
Inspector as to whether the use was established, or whether it was a
non-permitted use.
B) RESOLUTION: Member Tortora indicated she wanted to
request a legal' opinion from the Town Attorney about decisions
and/or minutes. There was indication that the Minutes were to be
approved commencing with 1997, rather than going back. Member
Dinizio said he did read the Minutes and offered a motion to approve
the first meeting in 1997, to wit: January 16, 1997, since it was his
opinion that they were in order as prepared and didn't want
anything changed. It was agreed to wait until Member Tortora was
able to consult with the Town Attorney.
1) November 14, 1996
2) December 12, 1996 RM
3) January 16, 1997 RM
4) January 21, 1997 SM
5) February 6, 1997 RM.
C) COORDINATION: It was agreed to send request to PB for
information required under site plan review, such as the width of all
landscaped buffers, amount of parking spaces and location for exit
and entrance, etc. regarding the Lawrence Suter d/b/a Bluewater
Seafood.
D) RESOLUTION: to authorize adding the following.
applications for advertisement (legal notice of hearings) to be held
at Regular Meeting, March 13, 1997, with the exception of L. Suter,
and Kourkomoulis applications (see separate resolutions for reasons
these are held in abeyance), below:
Motion was made by Member Dinizio to calendar Agenda
Items D (1, 2 and 3) for public hearings to be held March 13,
1997. The motion was lost.
(continued on next page)
Page1'4 - Minutes (R'..._lutions)
Special Meeting held February 25, 1997
Southold Towne Board of Appeals
Motion was made by Member Villa, seconded by Chairman
Goehringer, to DEEM the application of LAWRENCE SUTER d/b/a
BLUEWATER SEAFOOD, incomplete, and held in abeyance, without
authority to advertise for a public hearing, pending receipt of the
information requested in the file (handwritten board member
notations). VOTE OF THE BOARD: AYES: All. (Absent was:
Member Doyen of Fishers Island.) This resolution was duly adopted.
Motion was made by Chairman Goehringer, seconded by
Member Dinizio, to AUTHORIZE and DIRECT advertisement of the
Application of EDWARD HALPERT for a public hearing to be held
March 13, 1997 by the Southold Town Board of Appeals. VOTE OF
THE BOARD: AYES: All. This resolution was duly adopted.
(Absent was: Member Doyen of Fishers Island.)
After discussion about establishing rules on what is needed
for a "complete" application and under which circumstances it should
be held in abeyance, there was no agreement in determining specifics '
on a application and how it is deemed ineligible to file, or deemed
incomplete for a public hearing. The following resolution was then
adopted:
Motion was made by Member Villa, seconded by Chairman
Goehringer, to DEEM the application of TOMIS KOURKOUMELIS
incomplete, and held in abeyance due to erosion area, pending:
a) updated survey with improvements, buildings, and all
setbacks and dimensions placed on map by surveyor with respect to
Long Island Sound and bank contours.
VOTE OF THE BOARD: AYES: Members Goehringer,
Tortora and Villa. NAY: Member Dinizio. This.resolution was duly
adopted (3-1).
REMINDERS: The agenda listed the following four applications,
which have already been authorized by prior resolution for a public
hearing to be held March 13, 1997 and sign posters have been
distributed:
1. Anton and Lucy .Straussner. Single and separate
search and map was added to official file on 2/21.
2. Vivien and Peter Soo.
3. LILCO application for special exception.
4. LILCO application for variance.
AGENDA ITEM E. RESOLUTION: On motion by Chairman
Goehringer, seconded by Member Dinizio, and duly carried, it was
Page 15- Minutes (R- lutions)
Special Meeting held February 25, 1997
Southold Town Board of Appeals
RESOLVED, to request use of a PC computer location within the
Town Hall (for new forms and other items, for upgrading and
streamlining information). This resolution was duly. adopted.
AGENDA ITEMS G, H and I were not addressed, and held over.
CHRISTINA RIVERA: Informal discussion by Mrs. Rivera, who
had questions about setbacks and specifics being requested by
Member Villa or Member Dinizio. The setbacks was believed to start
with 1816" on the west side, and would be further discussed on
April 13, 1997.
10:27 p.m. CONSIDERATION OF POSSIBLE LETTER, RE:
BELL-ATLANTIC/NYNEX. Member Tortora requested that a letter be
drafted for consideration in sending to Howard Pachman, as attorney
for the applicant. Member Dinizio felt the ZBA could not require a
subdivision under a special exception use. Member Tortora
confirmed that it was not intended to mean a subdivision and that
word was not used. A motion was offered by Member Tortora to
send a letter requesting Mr. Pachman to address 80,000 sq. ft.
for the cellular tower use at Orient. The motion was lost. The
following resolution was then adopted:
On motion by Member Tortora, seconded by Member Villa, it was
RESOLVED, to request approval from the Town Attorney as to
the sending of a letter to Howard Pachman, Esq. requesting 80,000
sq. ft. for the cellular tower use to be shown on a new map.
VOTE OF THE BOARD: AYES: Members Goehringer, Villa and
Tortora. NAY: Member Dinizio, although he didn't object to
consulting with the Town Attorney - just sending the letter as a
requirement for a new map. This resolution was duly adopted (3-1).
There being no other business properly coming before the
board at this time, and due to the lateness of the meeting, the
.. P
Page 1:6; - Minutes (1---olutions)
Special Meeting held February 25, 1997
Southold Town Board of Appeals
Chairman declared the meeting. adjourned. The meeting adjourned at
approximately 10:40 p.m.
Respectfully submitted,
Linda Kowalski 3/25/97
Board Secretary
Approved for Filing 6/ j/97
Gerard P. Goehringer, Chairman
--------------------------------
Minutes.zb/min2.25
RECEIVED AND FILED BY
THE SOUTHOLD TOW14 CLERK
DATE G , R 7 HOUR
Town Clerk, Town of Southold