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Home My WebLink AboutZBA-09/06/1990 SPEC Fa �oc��FFOLK�OGy o APPEALS BOARD MEMBERS T SCOTT L. HARRIS Gerard P. Goehringer, Chairman VO` • Supervisor Charles Grigonis, Jr. 7�01 `�� Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 M I N U T E S SPECIAL MEETING THURSDAY, SEPTEMBER 6, 1990 A Special Meeting was held by the Southold Town Board of Appeals on Thursday, September 6, 1990, commencing at 7:00 o'clock p.m. at the Southold Town Hall, Main Road, Southold, New York. Present were: Gerard P. Goehringer, Chairman; Serge Doyen, Jr. , Charles Grigonis, and James Dinizio. Board Members absent were: Joseph H. Sawicki (due to illness) . Also present were Doreen Ferwerda, the Board's Secretary. The Board proceeded with the next item on. the agenda, deliberations and decision in the Matter of Appl. No. 3701 - CHARLES ZAHRA under Article XIV, Section 142 of the Zoning Code for a reversal of decision of Building Inspector in his Revocation of Building Permit #15428Z issued October 27, 1986. Location. of Property: 140 Pike Street, Mattituck, NY; County Tax .Map District 1000, Section 141, Block 4, Lot 5. Zone District: Hamlet Business. (HB) , previously referred to as B-1 General Business. WHEREAS, the Board made the following findings of fact: 1. By this application, applicant requests a reversal of the determination of the Building Inspector of his revocation of Building Permit #15428Z issued October 27, 1986. The revocation was issued on November 5, 1987. The reasons stated on the building inspector' s revocation notice read as follows: . .Your building permit no. 15428Z issued October 27, 1986 is hereby revoked. Reason; not following plans, did not comply with a stop work order, in violation of 100-142-C & D. . . . Southold Town Board of Appeals -2- September 6, 1990 Special Meeting (Appl. No. 3701 - Zahra decision, continued: ) Section 100-142-C & D, supra, (now Section 100-282C & D) of the zoning code regulations, provides as follows: . . .Revocation of permit. The Building Inspector may revoke a building permit theretofore issued and approved in the following instances: . . . C. Where he finds that the work performed under the permit is not being prosecuted in accordance of the application, plans or specifi- cations. . . D. Where the person to whom a building permit has been issued fails or refuses to comply with a stop order issued by the Building Inspector. . . 2. The property in question: (a) contains a total lot area of 3,800 square feet. with 40. 0 ft. frontage along the south side of Pike Street in. the Hamlet of Mattituck, Town of Southold; (b) is identified on the Suffolk County Tax Maps as District 1000, . Section 141, Block 4, 005; (c) is located in the Hamlet Business (HB) Zone District, as re-designated January 10, 1989 under the new Master Plan revisions; (d) is improved with an existing building which is nonconforming as to various setback requirements. 3 . Numerous hearings were held by this Board, and on April 14, 1988, an interim decision was rendered. 4. In this record, it was found that factual and legal issues existed regarding the validity of the building permit under the nonconforming use section(s) of- the zoning code (previously 100-118 and now Section 100-243 ) , and the Board at its April 14, 1988 meeting set this matter down for a further hearing to be held on May 12, 1988. The applicants were asked to be prepared to present evidence regarding the factual issues concerning the nonconforming (residential) use of the building. 5. No hearing was held on May 12, 1988 since legal proceedings were commenced (May 11, 1988) by the applicant, and a hearing was to be continued on June 9, 1988, pending action by the Supreme Court. I , Southold Town Board of Appeals -3- September 6, 1990 Special Meeting (Appl. No. 3701 - Zahra decision, continued: ) 6. On November 17, 1988 the Supreme Court rendered a decision remanding the issue of the nonconforming apartment use back to the. Zoning Board of Appeals and reinstated that portion of the building permit which relates to the permitted restaurant use. 7. On January 10, 1989, the subject premises was re-designated Hamlet Business (HB) under the new Master Plan revisions. 8. During 1990, additional hearings were held by this Board, and deliberations commenced July 25, 1990 . . . concerning the status of the second floor apartment as a nonconforming use. . .'" (as per the Supreme Court's decision rendered November 17, 1988, Index No. 7725-88) . NOW, THEREFORE, on motion by Mr. Goehringer- , seconded by Mr. Dinizio, it was RESOLVED, that based upon the record and personal. knowledge of the board, reinstatement is hereby GRANTED for the apartment use on the second floor for single-family occupancy, with renovations and new construction as exists and as furnished for the record, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the apartment not exceed 825 sq. ft. in total, floor area; 2. That the apartment comply with all other codes, rules and regulations applicable thereto, including local and state fire construction codes. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, and Dinizio. (Absent due to hospitalization was Member Sawicki. ) . This resolution. was duly adopted. RESOLUTION TO CONCLUDE. Appl. No. 3915 - JORDAN'S PARTNERS: On motion by Mr. Dinizio, seconded by Mr. Goehringer, it was RESOLVED, to conclude all portions of the hearing in the Matter of JORDAN'S. PARTNERS under Appl. No. 3915 at this time and to commence deliberations. Southold Town Board of Appeals -4- September 6, 1990 Regular Meeting (Appl. No. 3915 - JORDAN'S PARTNERS, resolution, continued: ) Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis and Dinizio. (Member Sawicki was absent due to serious illness. ) This resolution was duly adopted. HEARINGS FOR NEXT REGULAR MEETING: On motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to schedule and authorize advertisement of the following applications to be held. on Wednesday, September 26, 1990 commencing at 7:30 p.m. at a Regular Meeting of the Southold Town Board of Appeals at- the Town Hall, Main Road, Southold, NY: 7:35 p.m. Appl. No. 3961 - VENETIA McKEIGHAN 7:40 p.m. Appl. No. 3966. PETER BLOOM. 7:46 p.m. Appl. No. 3964 - KENNETH MINNICK. 7:55 p.m. Appl. No. 3967 - KIM CAMPBELL. 7:58 p.m. Appl. No. 3963 FRANK CURRAN. 8:00 p.m. Appl. No. 3960 - THOMAS AND ALLISON SARGENT. 8:05 p.m. Appl. Nos. 3951 and 3957 - JAMES, PETER AND CHRIS MESKOURIS. 8:24 p.m. Appl. No. 3955 - DOMINICK SBLENDIDO and A. AURICCHIO 8:45 p.m. Appl. No. 3938 - VILLAGE MARINE. There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. Respectively submitted, Doreen Ferwerda, Secretary Board of Appeals L C4;!in a Kowa i,�ecre 9/18/90 Approved -- Gerard P. oehringer Chairman �oc��FFOLkc�Gy o APPEALS BOARD MEMBERS SCOTT L. HARRIS Gerard P. Goehringer, Chairman VO • Supervisor Charles Grigonis, Jr. �'y01 �; `��® Town Hall, 53095 Main Road Serge Doyen, Jr. '�' P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 TaAI',1ER OF NOTICE OF SPECIAL MEETING WE, the undersigned, being Members of the Southold Town Board of Appeals, Suffolk County, New York, do hereby severally waive Notice of the time, place and purpose of the. Special Meeting of this Board to be held at the Southold Town Hall, Main Road, Southold, New York on Thursday, September 6, 1990 at 7 :00 p.m. , and do hereby consent that the same be held on said date for the transaction of those business items properly coming before the Board at said meeting. Dated: Saptrobar 6) 1990. GERARD P. GOEHRING`ER, C IRMAN + CHARLEIS GRI,ONIS,. R. , MEMBER G SERGE J.��YOYEN, MEMBJER JOSEPH H. SAWICKI, MEMBER ' 1 JrES DINIZIO, �/ EMBER t FINED AND FILED �V df THE SOUTHOLD TOWN CLERIC DATE l )�-Q�qa. EIOUR I :30 A A Town Clerk, Town of Souf old