Loading...
HomeMy WebLinkAboutZBA-02/25/1997 SPECAPPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dirdzio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516~ 765-1809 MINUTES 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: 7:00 p.m. The Chairman called the meeting to order at * * 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, seqgnded by Member Dinizio, and duiy carried, it was RESOLVED, to recess and continue the hearing after about five minutes. VOTE OF THE BOARD: AYES: All. resolution was duly adopted. * * (Nay: None). This 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 (Re~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 SAI.F.S 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:ll - 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. was: Member Doyen of Fishers Island.) adopted. * * (Nay: None. ) (Absent This resolution was duly Page 3 - Minutes (Re~51utions) Special Meeting held February 25, 1997 Southold Tow~a Board of Appeals AGENDA ITEM II. DELIBERATIONS/DECISIONS: following pages are the final determinations: Attached on the Appl. No. 4454 - SALVATORE and IRENE ARIOSTO. 1000-106-09-4.8. Conditional approval (see attached). Appl. No. 4457 - JAMES and DIANA MINOQUE. 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 (Rasolutions) Special Meeting - Feb. 25, 1997 Board of Appeals AS PER BOARD RESOLUTION OF FEBRUARY 25, 1997 PUBLIC HEARING HELD FEBRUARY 6, 1997 ACTION OF 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-- Mi_nutes ~m~e~solutions) Re: Appl. of Salvatore Ariosto Action of the Board of Appeals Special Meetin§ - 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 Minutee e£,~_~pe¢i~l Meeting held Feb. 2 .... 1997 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hail 53095 Main Road P.O, Box 11.79 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 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 Dislrict. The lot is situated on the south side of New Suffolk Avel~ue with water frontage on Deep Hole Creek. It contains a noncoxfforming tot area of 6,776 sq. ft. and is improved w~ith 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 I~-40 Zone." Existing lot cove~m, ge is 21 percent and the proposed addition will increase the total lot coverage to 24 percent (see map draxCdng 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. Fetter, 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 we[lands ordinance and is expected to be a non-jurisdiction project). [~EASONS/FINDINGS FOR APPROVAL: This is a nonconforming lot with total rea of 6,776 sq. ft. Existing lot coverage ff 21%. Proposed addition will increase lot coverage to 24%. Grant of variance will not produce undesirable change in character of neighborhood which consists of many similar-sized lets. 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 percen~ (3%), when weighed against the limited size of the property. The garage addition will provide for offstreet parking of vehicles. Page ]- Appl. No.~l~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~I~re will/..n~ ~t .~ne validity of this determination. / ~-~/ ~/~/' '~ /97 ~'~-- ~CH~RMAN ~-MEMBE~G. GOEHRINGER / / ~ (J~,~' ~, ~ ~ / /97 L. TO,TOgA Actions/115010.6 Page B - Minutes Special Meeting held Feb. Board of Appeals 25, 1997 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: Febmmry 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: Bnilding Inspector's December 16, 1996 Notice of Disapproval, which reads as follows: nnder Art. XXIII, Sec. 100-239.4B "proposed constrnction wonld 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 outemnost edge of which would be setback 56 ft. 5 inches frown the wooden bulkhead. (2) To construct 16 ft. 6 in. hy 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 coruer of existing structure, according to site plan prepared Donald A. Deals, 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 wonld 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 incbes 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 environ~nental and physical constraints of sitnating the proposed additions. * The proposed additions are modest in size and the benefit songht by the applicant cannot be achieved without a variance. Page 9 Min urges ~ Decision Regarding Lois Anderson Special Meetin. g 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: by Member Villa, it was On motion by Member Tortora, seconded 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 1~ - 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 ~aeighborhood, 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: Ail (4-0): Members Goehringer, Dinizio, Villa and Toriora. (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 il- Minutes (Re~dlutions) 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~olutions) 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 RESOLI~TION 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. Page 12-A Minutes 'of APPEALS BOARD MEMBERS-J Gerard P. G6ehringer, Chairman Serge Doyen James Dinizio, Jr. Robert A. Villa Lydia A. Tortora ~ c i a 1 M e e t~~~F e b r u a · ~2 ~ ~. Re. Box 1179 ~1 ~~~ Sou~ol~ New York 1 t971 ~~~ Telephone (516) 765- t8~ BOA~ OF ~PEALS TO~ OF SOU~OLD 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 alon~ LitiJe Peconic Bay. It contains an acreage of .95 acre and is improved with a one-story frame dwelling, accessory- garage, and timber J~nding 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." REI,IEF REQUESTED BY APPLICANT: For approval of ~'as built" accessory deck with stairs (for access over timber buIkhead) in its present location shown on the November 15, 1996 survey, situate adjacent to the ordinary high water mark. 1LEASONS FOR BOARD ACTION, DESCRIBED BELOW: Deck construction is a replacement of a former structure destroyed 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 approximately 4 to 5 ft. below level of the lot proper. 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-~ppl- No. ~449 Decision Rendered F~. 25, 1997 Property of Marion Praus I~ESOLVED, to GRANT the relie£ requested under Appl. #4449 (Praus) with the FOLLOWING CONDITION: The s~ruc~ure must remain open to the sky, as exists. AYES: Members Goehringer, Dinizio, Villa and Tortora (4-0). ~ ApprOved for Filir~ ,/ / GERARD P. GOEHllINGEP~, CHAIRMAN Actions. ZB/10413.12 Page ~3 - Minutes (R0sdlutions) 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 upzouing, and its effect on merger time periods. This was carried over until the next board meeting. Agenda Item IV: SEQRA - Unlisted Action. Matter of (Carryover from 1/16 and 216197). No A) RESOLUTION: Edward and Evelyn Halpert. 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 hack. Member Diuizio 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 Surer 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) Page l'~; - Minutes (Re~lutions) Special Meeting held February 25, 1997 Southold Town. 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 DEI~nYl 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: Tortora and Villa. NAY: Member Dinizio. adopted (3-1). Members Goehringer, This resolution was duly 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. Antone 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 :I5- Minutes (R~s61utions) 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 item.% for upgrading 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 18'6" on the west side, ~nd 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 Paehman, 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 cemin_g before the board at this time, and due to the lateness of the meeting, the Page i,6 - Minutes (Ii.solutions) 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, ~aiski 3~25~97 Approved for Filing ~1 Gerard P. Goehringer, Chairman Minutes.zb]min2.25 REceIVED AND FILED BY THE SOUTH©LD TOWN CLF, RK DATE f= } ~ IQ 7 FLOUR I D: ~ ~ To~n Clerk, Town o~ ~uihold