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Home My WebLink AboutZBA-04/10/1997APPEALS~B~OARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora Maureen C. Ostermann BOARD OF APPEALS TOV~rN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold. New York 1197t Fax (516) 765-1823 Telephone (516) 765-1809 MINUTES REGULAR MEETING THURSDAY, APRIL 10~ 1997 6:50 p.m. The Chairman called the meeting to order. Chairman Goehringer introduced Member Ostermann and welcomed her to the Board. A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, Assembly Hall (Court Room), 53095 Main Road, Southold, New York 11971, on THURSDAY, APRIL 10, 1997 commencing at 6:50 p.m. Present were; Gerard P. Goehringer, Chairman Serge J. Doyen Jr. James Dinizio, Jr., Member Lydia A. Tortora, Member Maureen C. Ostermann, Member Linda Kowalski, ZBA Secretary Also in the audience was Councilperson Alice Hussie. I. PUBLIC HEARINGS: The legal notice and portions of each application were read for each of the following applications at the times listed below: 6:53 p.m. AppI. No. 4464 TOMIS AND KATHY KOURKOUMELIS. At the end of the hearing, after receiving testimony, a motion was made by Chirman Goehringer, seconded by Member Dinizio, and unanimously carried, to conclude (close) the hearing. 7:03 p.m. Appl. No. 4463 - L. SUTER (BLUEWATER SEAFOOD.) At the end of this hearing, after receiving testimony, motion was made by Chairman Goehringer, seconded by Member Dinizio, and unanimously carried, to RECESS and continue this hearing at 7:15 p.m. on April 24, 1997. 7:57 p.m. Appl. No. 4466 - PETER WALKER, At the end of this hearing, after receiving testimony, motion was made by Chairman Page 2 - Minutes ~ Southold Town Board of Appeals Regular Meeting of April 10, 1997 Goehringer, seconded by Member Ostermaim, and unanimously carried, to conclude (close) the hearing. 8:04 8:06 p.m. Appl. No. 4467 CAROLINE TALBOT. At the end of this hearing, after receiving testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, and unanimously carried, to conclude (close) the hearing. 8:06 8:26 p.m. Appl. No. 4410 GARY SACKS and ALAN SCHLESINGER. At the end of this hearing, after receiving testimony, motion was made by Chairman Goehringer, seconded by Member Ostermann, and unanimously carried, to conclude (close) the hearing. 8:26 - 8:36 p.m. Appl. No. 4468 - MATTHEW AND LAURIE DALY. At the end of this hearing, after receiving testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, and unanimously carried, to conclude (close) the hearing. 8:36 - 8:42 p.m. A short break was taken. 8:42 p.m. Meeting reconvened. 8:42 p.m. Appl. No. 4429SE and 4430 - LILCO. At the end of the hearing, after receiving testimony, motion was made by ChairmAn Goehringer, seconded by Members Doyen and Ostermann, to close the verbatim portion of the proceeding at this time, and to close the written portion of this proceeding at the April 24, 1997 Meeting, in order to allow additional time for submission of information requested by board members. VOTE OF THE BOARD: AYES: Members Doyen, Ostermann and Goehringer. NAYS: Members Dinizio and Tortora. This resolution was duly adopted (3-2). End of hearings. UPDATES, or OTHER/MISCELLANEOUS: A. 9:12 p.m. Discussion: draft correspondence to be requested Re: 1000-18-6-5 (NYNEX, Orient). The letter drafted by Member Tortora was not accepted by the Town Attorney, and a second draft was considered prepared by ZBA Secretary. Motion was made by Member Tortora, seconded by Chairman Goehringer, and unanimously carried, approving the wording of the second draft and authorizing the following letter be forwarded by the Chairman: TO: Planning Department, Attn: Valerie Scopaz Page 3 - Minutes ~J Southold Town Board of Appeals Regular Meeting of April 10, 1997 FROM: Chairman and Members of the ZBA DATE: April 15, 1997 SUBJECT: Planning/Use Report 1000-18-6-5 at Orient At the April 10, 1997 Meeting of the Zoning Board of Appeals, a resolution was uanimously adopted requesting that the Southold Town Planning Department prepare a brief report identifying existing and proposed land use issues relevant to the district and adjacent districts thereto, of the proposed NYNEX Cellular Telephone Tower site at 24850 Main Road, Orient. The Board of Appeals would appreciate it if you could have the brief report prepared by April 24th, and if not then, then no later than May 1st. This resolution was unanimously adopted (5-0). Agenda Item Ill-C: A recent letter from Kevin Law, Attorney for Robins Island, included the Annual Update pursuant to the conditions of the variance granted March 1996. In considering the changes in Mr. Law's letter, it was the consensus of the board was that the applicant will need to make a formal application for board consideration. MINUTES (Agenda Item III-B): Minor changes were discussed: 2/25/97 Minutes: Add at page 15 the words, "Mr. Pachman to a~ldress" regarding possible letter Re: NYNEX. 3/13/97 Minutes: Minor correction requested by Member Tortora at page 2: add at end of Soo hearing remove the words "pending deliberations and decision at a later time," after the words 'hearing closed'; page 1 to note that P. Moore was attorney for Mrs. Rivera's neighbor; page 4: Member Tortora suggested that Chairman note 'that he met with Mrs. Rivera. Chairman Goehringer said he did give this information during the Rivera hearing which is in the written record, however, he had no objection to adding a phrase to the Minutes that "he and another board member met with Mrs. Rivera on Saturday, 3/8/97 to discuss the size of the house and envelope conformity." Also on page 4, change "could" to "should"; page 12 - Member Tortora requests the last phrase be removed regarding scheduled work sessions and agendas. 4/3/97: Member Tortora requested that all references on Page 2 regarding drafting of decisions be removed from the minutes, and add the words "there was a brief discussion" in many places. Also, phrase regarding Talbot project was explained by Secretary to be important because it was used as a procedural example for F.I. Page 4 - Minutes ~ Southold Town Board of Appeals Regular Meeting of April I0, 1997 projects. Also requested to be removed was a phrase on page 4, after "Waivers under 100-26 Code standards, above * * * (regarding formats on alternative relief). Due to the lateness of the meeting, the Chairman requested that the board members return to Agenda Item II Deliberations and Decisions at this time. DELIBERATIONS]DECISIONS: Attached in the following order are two decisions with findings and property facts adopted at this time: Matthew and Laurie DALY for replacement of pool. TALBOT Project, Fishers Island for accessory building. STRAW POLL: LILCO. Member Dirdzio, as Assigned Member, offered the special exception and variance drafts and were held as a carryover to the next meeting until a response is heard from applicant. STRAW POLL: PETER WALKER: Minimum 20 ft. setback for tennis courts was discussed (instead of a different provision for accessory structures at 6 ft. ), and a former interpretation regarding tennis courts as "structures and buildings ." No lighting was proposed, and four-ft, fence was proposed on either end. The consensus was conditional approval and was held over to the next meeting for a formal resolution and reasons. SEQRA: TYPE II DECLARATION CONFIRMED: Motion was made by Chairman Goehringer, seconded by Member Dinizio, and unanimously carried, to confirm Type II Actions for those projects heard this evening that involve accessory uses, fence height, setback reduction, lot coverage increase, waiver under merger law, to be Type II without the need for further steps as provided under the SEQRA regulations: (Walker, Talbot, Daiy, Kourkoumelis, Suter, Sacks, LILCO fence height). This resolution was duly adopted. REQUEST FOR CHANGE DATE OF WORK SESSION: One of the board members ask the Chairman to change the Work Session from April 15th to April 17th. The Chairman agreed, and new notices would be a follow-up. Page 5 - Minutes ~- Southold Town Board of Appeals Regular Meeting of April 10, 1997 LILCO: Board Members briefly discussed this project. There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned at 11:45 p.m. Respectfully submitted, mow reda Kowalski ~l~esolut~on -Adopt'-~d O/ ~ Gerard P. Goehringer, Chairman RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE ~ ;~]~7 HOUR Ioi~ ~ Town Clerk, Town of Soufhold