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Home My WebLink AboutZBA-01/17/1981 SPEC r - �o��FFo�co 0 Gy Southold Town Board of Appeals • t- :{ MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki M I N U T E S SPECIAL MEETING HELD JANUARY 17 , 1981 A Special Meeting of the Southold Town Board of Appeals was held on Saturday , January 17 , 1981 at 9 :30 o' clock a.m. at the Office of the Building Inspectors , .Southold Town Hall , Main Road , Southold , New York 11971 . Present were : Charles Grigonis , Jr. , Chairman ; Robert J . Douglass ; Gerard P . Goehringer ; and Joseph H. Sawicki . Absent was : Serge J . Doyen , Jr. RESERVED DECISION : Appeal No . 2752 . Application of Fanny Behlen Community Health Center, P . O. Box 659 , Greenport , New York for a Variance to the Zoning Ordinance , Art . III , Sec . 100-30 and Sec . 100-31 for permission to erect an 'ambulatory care clinic on property zoned A-Residential and Agricultural and with insufficient . distances from street line and from the easterly side line. . Loca- tion of property : South Side of North Road (C . R. 27 ) , Greenport , NY ; bounded north by North Road , west by Fenno , south by Fransisco , east by Nedoszytko . County Tax Map Item No . 1000-40-3-3 . 1 . The Board members reviewed and discussed the within applica- tion , and motion was made by Mr. Grigonis , seconded by . Mr. Goehrin- ger , as follows : This is an Appeal of the Fanny Behlen Community Health Center for an Area Variance to reduce the setback requi°rements of Section 100-30B (4 ) (a ) of the Zoning Code to permit the construction. and operation of a facility characterized by the Appellant as an Ambulatory Health Care Clinic. The instant appeal is made in con- junction with Appellant ' s application to this Board for a. Special Exception approval for such facility [see Appeal No . 2736] , which is. subsequent. to the .decision herein being made . Southold Town Board of Appeals -2- January 17 , , ,81 Special Meeting Section 10.0-30B (4 ) (a ) of the Zoning Code provides that " . . . no building or part thereof or any parking or loading area shall be located within one hundred [100] feet of any street line or within fifty [50] feet of any lot line . . . . " Appellant proposes to locate the building 60 feet approximately from the street line and 29 feet from the east lot line , and to locate the parking area 50 feet from the street line and 20 feet from the west lot line . The town attorney has directed the Board ' s attention to several decisions of the Courts of this State which hold that when a Board of Appeals considers an application for a Special Exception use and the Zoning Code mandates that specific setback requirements must be met for such uses , that the Board of Appeals is without authority to waive , modify or alter any of the requirements specified in the Zoning Code [Section 100-30B (4 ) (z )] , in the guise of an area variance. (Matter of Jewish Reconstructionish Synagogue of the North Shore , Inc . v . Board of Appeals of the Village of Roslyn Harbor , 34 NY2d 827 ; Matter of Cappadoro Land Development Corp . v . Board of Appeals of the Town of Huntington 78 AD2d 696 ; Matter of Nassau Children ' "s House , Inc . v . Board of Appeals of the Village of Mineola , 77 AD2d 898 ) . Since the Board has no power or authority to waive or, modify the setback requirements specified in Section 100-30B (4 ) (a ) , this Appeal must be dismissed . NOW , THEREFORE , BE IT RESOLVED , that the application of the Fanny Behlen Community Health Center for a Variance , Appeal No . 2752 , be dismissed . Location of property : South side of North Road ( C . R. 27 ) , Greenport , New York ; bounded north by North Road , west by Fenno , south by Fransisco , east by Nedoszytko . County Tax Map Item No . 1000-40- 3-3 . 1 . Vote of the Board : Ayes : Messrs . Grigonis , Douglass , Goehrin- ger and Sawicki . Absent was : Mr. Doyen . RESERVED DECISION : Appeal No . 2736 . Application of Fanny Behlen Community Health Center , P . O . Box 659 , Greenport , New York for a Special Exception to the Zoning Ordinance , Art . III , Sec . 100-30 for permission to erect an ambulatory care clinic on residentially zoned property located at the South Side of North Road ( C. R . 27 , or C . R. 28 ) , Greenport , NY ; bounded north by North Road , west by Fenno , south by Fransisco , east by Nedoszytko . County Tax Map Item No . 1000- 40-3-3 . 1 . The Board members reviewed and discussed the subject application , and motion was made by Mr. Douglass , seconded by Mr . Grigonis , as f'o 1 lows Southold Town Board of Appeals -3- January, 17 , 1981 Special .Meeting This is an application of the Fanny Beh.len .Community Health Center for a Special Exception , pursuant to Section 100-30B (4 ) of the Zoning Code. to construct and operate a .facility characterized by the Applicant as an Ambulatory Health Care Clinic on Residentially-zoned property located on the south side of the North Road ( C. R.. 27 , or C . R. 28) , west of the Village of Greenport . Section 100-30B (4) of the Zoning Code provides that by Special. Exception approval by the Board of Appeals , the following uses [among others] are permitted : . . . (4 ) Libraries , Philanthropic , eleemosynary or religious institutions , hospitals , .nursing and rest homes or, san.itaria for general medical care , but excluding facilities for the treatment of all types of drug addiction , subject to the fol - Towing requirements : (a ) No building or part thereof or any . parking or loading area shall be. located within one hundred [100] feet of any street line nor within fifty [50] feet of. any lot line . . . . It is the position of the Applicant that the proposed use comes within. the definition of a "hospital " . under Section _ 100-30B(4 ) of the Zoning Code and therefore the proposed use is a Special Exception use which may be. approved by .this Board . On the other hand , persons appear- ing in opposition to the Application contend that the proposed use is not in fact a "hospital , " and therefor this Board has no jurisdiction to consider the Application . The town attorney has directed the Board' s attention to several decisions of the Courts of this State which hold .that a Special Excep- tion use can only be granted upon compliance by the Applicant with the explicit standards set forth in the Zoning Code . [Matter of Tandem Holding Corp . v . Board. of Appeals of the Town of Hempstead , 43 NY2d 801 -5 .Matter of Cappadoro Land Development Corp .- v . Board of Appeals of the Town .of- Huntington , 78 -AD 2d 696] . It is undisputed that the proposed building will be set back approximately. 60 feet from the street ( C . R.. 27 , or 28 ) , . and 29 feet from the east lot line , and that the parking area will be 50 feet from said street and 20 feet from the west lot line . In fact , Applicant has filed an Appeal withthis Board for an area variance seeking to vary or modify the setback requirements of Section 100-30B(4) (a ) -of the Code [Appeal No . 2752 , - supra] .' Since the Applicant does not propose to meet the standards of Code for the approval of a Special Exception use , this Board is with- out power or ,author.ity, to approve the Special Exception use , and accordingly ,this. 'application. must ' b.e .denied . In view of . t,he Board' s determination herein , it is unnecessary for the Board to pass upon the question of whether or not th-e proposed. use falls 'within ` the uses spe.cified. in Section 100-30B(4 ) of the Code . Southold Town Board of Appeals -4- January 17 , 1981 Special Meeting NOW, THEREFORE , BE IT RESOLVED , that the application of Fanny Behlen Community Health Center for a Special Exception , Appeal No . 2736 , be denied . Location of property : South side of North Road ( C . R. 27 , or 28 ) , Greenport , New York ; bounded north by North Road , west by Fenno , south by Fransisco , east by Nedoszytko . County Tax Map Item No . l'000-40-3-3 . 1 . Vote of the Board : Ayes : Messrs . Grigonis , . Dougla.ss , Goehringer and Sawicki . Absent was : Mr . Doyen . The Board reviewed correspondence concerning Appeal No . 2750 , application of Harry J . and Lillian Baglivi from Abigail A. Wickham , Esq . , of Wickham , Wickham and Bressler in Mattituck requesting that the Board "reconsider the decision on appeal no . 2750. . . . " It is the consensus of the Board that they do not wish to change , amend or reverse their decision made concerning this appeal on November 20 , 1980 , and the Chairman be authorized to forward this response to Mrs . Wickham in writing as soon as possible . The Board also reviewed correspondence concerning this same Appeal No . 2750 , application of Harry J . and Lillian Bagliy.i , received from the Suffolk County Department of Planning dated January 15 , 1981 , stating as follows : " . .. : The Suffolk County Planning Commission on January 14 , 1981 reviewed the above-captioned application and after due study and deliberation resolved to disapprove it- because of the following : 1 . It constitutes an apparent infringement on legislative powers exclusively delegated to the Town Board ; 2 . It would only tend to undermine the effectiveness of the zoning ordinance ; 3 . It would alter the character of the area and establish a precedent for the continuance of such land development patterns in the locale ; 4 . There appears to be no demonstrable grounds of practical difficulty or unnecessary hardship at the site ; and 5 . It i.s inconsistent with. water supply limitations in the Nassau Point area. . . . Very truly yours , Lee E . Koppelman Director of Planning . . . Southold Town Board of Appeals -5- January 17 , 1981 Special Meeting The Secretary was asked to place this letter in the H . Baglivi Board of Appeals file , and that a copy be forwarded to Abigail -A. Wickham , Esq . , attorney for the Baglivies on the appeal , and a copy to be forwarded to Mr . and Mrs . H . Baglivi . For the record , it should be noted that on November 20 , 1980 the Board of Appeals denied Appeal No . 2750 , application.. of Harry J. and Lillian Baglivi for a variance for approval of insufficient area and width of three proposed parcels at Nassau Point Road , Cutchogue , New York . Being there was no further business to come before the Board at this time , the Chairman declared the hearing closed approximately 10 : 00 a .m . Respectfully submitted , � 71 Linda F. Kowalski Secretary Southold Town Board of Appeals APPROVED Chairman Board of A eals IT Tla3 SOU �TOLD TO V-,N CLEM DATA i� 3�81 HOUR00 Town Clerk, Town of Q01-il old