HomeMy WebLinkAboutZBA-02/04/1998APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S. Collins
George Homing
Resol. to file
adopted 6/11/98
BOARD OF APPEALS
TOWN OF SOUTHOLD
MINUTES
REGULAR MEETING
WEDNESDAY, FEBRUARY 4, 1998
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
ZBA Fax (516) 765-9064
Telephone (5!6) 765-1809
6:00 - 6:40 Attorney-CHent Privilege: Consultation with Town ZBA Attorney
REGULAR MEETING SESSION:
A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was
held at the Southold Town HaH, 53095 Main Road, Southold, New York
11971, on WEDNESDAY, FEBRUARY 4, 1998 commencing at 6:40 o'Clock p.m.
Present were:
Gerard P. Goehringer, Chairman
James Dini~.io, Jr., Member
Lydia A. Tortora, Member
George Homing, Member
Lora S. Collins, Member
r.lnda Kowalski, Board Secretary
6:40 p.m. Gerard P. Goehringer, Chairman called the meeting to order.
AGENDA ITEM II. PUBLIC HEARING:
6:40 p.m. Application 4485-V: BELL-ATLANTIC/NYNEX by Richard
Weyhreter. Location of PrOperty: 425 WestPhalia AVenue, MattitUck, NY;
County Parcel No. 1000-141-3-34. Applicant is proposing to place a new
cellular transmission tower and related telecommunications structure, and
requests Variances based upon the building inspector's Notice of
Disapproval corrected January 28, 1998 with respect to:
"...1) This non-conforming lot located in an LI Zone District
has a lot area of approximately 13,400 sq. ft. The proposed
additional use with monopole and building would require an
additional 40,000 sq. ft. pursuant to Article XIV 100-142, (2)
the proposed fence enclosure exceeds the allowable height of
6-1/2 feet by 2-1/2 feet pursuant to Article XXIII 100-231 .... "
All other yard requirements are proposed to conform to the zoning
requirements under Section 100-244B. Present Landowner: A. Rehm.
Page 2 - Minutes ~J
Regular Meeting of February 4, 1998
Southold Town Board of Appeals
Howard Pachman, Esq. and Matthew Pachman, Esq. appeared and spoke
regarding this application. Expert testimony was furnished, opposition was
received. Please refer to the written Hearing Transcript containing the
verbatim statements (which was prepared separately from recorded tapes).
After receiving all testimony, motion was made by Chairman Goehringer,
seconded by Member Tortora, and duly carried, to RECESS the hearing.
Vote of the Board: Ayes: Goehringer, Tortora, Collins, Homing. No:
Dinizio. This Resolution was duly adopted (4-1).
The Chairman au this time added the following to the agenda:
Agenda Item VI - Possible Resolution to send Section 100-165B and C
to the Town Board re: new telecomm~mications law for Interpretation
for nonconforming undersized lots, and asking which Bulk Schedule
was intended by reference in the new law.
This Agenda Item was noted in writing by the Board Secretary on the
Agenda, and copies of the updated agenda were given to Howard Pachman,
Esq. and others.
After some discussion amongst Board Members, it was confirmed by the
Chairman, that Agenda Item VI would not be sent to the Town Board as
originally reflected.
RESOLUTION: The following Resolution was adopted:
On motion by Chairman Goehringer, seconded by Member Tortora, as
follows:
BE IT RESOLVED, that #1 of the Building Inspector's Notice of
Disapproval with reference to "Bulk Schedule" is hereby clarified as
referring to Section 100-142 and the Bulk Schedule dated 10/10/95 at the
end of Chapter 100-Zouing.
Vote of the Board:
Homing. No:
(4-1).
Ayes: Members Goehringer, Tortora, Collins
Member Dinizio. This Resolution was duly adopted
After the Resolution was adopted, the Chairman explained to the applicant
and its representatives that the 40,000 sq. ft. requirement remained
uncbsnged as .written in the Notice of Disapproval.
AGENDA ITEM III. RESOLUTION and OTHER UPDATES:
A. Rushin and Motley (held in abeyance by applicants).
Page 3 - Minutes
Regular Meeting of February 4, 1998
Southold Town Board of Appeals
B. Bell-Atlantic Orient (pending updates/new law by appl.).
C-E. RESOLUTION: Tonyes/Citgo. On motion by Chairman
Goehriuger, seconded 'by Member Dinizio, it was
RESOLVED, to tentatively calendar the application of
Tonyes/Citgo for a public hearing to be held 3/19/98 and the
application of Elemnor Sievernich for a public hearing to be
held 3/19/98 instead of 2/26 as requested by applicant's
attorney.
Ayes: Members Goehringer, Dinizio, Tortora, Homing, and
Collins. This Resolution was duly adopted (5-0).
AGENDA ITEM IV. RESOLUTION. Motion was mmde by Chairmsn
Goehringer, seconded by Member Dinizio, and duly carried, to CALENDAR
and ADVERTISE the following applications for public hearings to be held
February 26, 1998:
A. M. Rand - new application. Garage location and height var.
B. Building Department's Request for Interpretation(s).
C. Ronaid Yedloutschaig "as built" deck.
D. ScanneH/Reetz. Reconstruct/None. setbacks.
Building Permit #24471 and recent construction.
E. R. Leonard waiver request.
F. Hay Harbor (continued at request of appl. attorney).
G. Alice Kontokosta - reconstruct/Nonc, setbacks.
H. Melissa Spiro waiver request.
This RESOLUTION was duly ADOPTED (5-0).
There being no other business properly coming before the Board at
this time, the Chairman declared the meeting adjourned. The meeting was
adjourned at approximately 9:05 p.m.
Respectfully submitted,
,~'~/ 1~"/98
No At chment ....
~/~Gerard P. Goehringer, Chairman ~ //.~/98