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Home My WebLink AboutZBA-04/03/1997 SPECAPPEALS B_..OARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Diaizio, Jr. Lydia A. Tortora Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hail 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 MINUTES THURSDAY, APRIL 3, 1997 WORK SESSION - SPECIAL MEETING A Special Meeting of the Southold Town Board of Appeals was made on THURSDAY, APRIL 3, 1997 commencing at 9:00 a.m. at the Southold Town Hall, 53095 Main Road, Southold, New York 11971. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr. Member Lydia A. Tortora, Member Maureen Ostermann, Member Linda F. Kowalski, Board Secretary (Absent was: Member Serge Doyen). The Chairman opened the meeting at approximately 9:05 p.m. and asked that notes be taken by the Board Secretary in the form of Minutes. The subject of the work sessions has been to discuss board member procedures in general on pending applications and future applications, and updates on current files (new correspondence, inspection updates, and other procedural steps). MORATORIUM PROPOSAL by Town Board. The Town Attorney provided a copy of the proposed moratorium to the ZBA Chairman today for informational purposes regarding public utility towers. The Chairman noted that this moratorium is not intended to have an effect on the present application pending by the Board (Bell-Atlantic/NYNEX), and it is not known when the proposal would become effective, but it could be during April or May. FILE UPDATE by Chairman: BARRY ASNESS (1000-105-2-2.1)- The Chairman indicated he has arranged for a site visit with the applicant for Saturday morning (any time). The owner may not be there, but any members who wished to visit the bluff area at that time may, with permission in the event the security system is triggered. Peter Stoutenburgh, agent for the applicant, indicated there would be no security problem at that time. Also, a letter was received from the Soil & Water Conservation District, which was made a part of this file April 2nd. Page 2 - Minutes (W~]~ Session) Meeting of April 3, 1997 Southold Town Board of Appeals DRAFT DECISIONS: There was a brief discussion. The Talbot draft, which was recently completed by Member Doyen, was also briefiy discussed as to its format for F.I. projects. ASSIGNMENTS: The Chairman discussed Assignments that were distributed by him in early March. Member Dinizio requested that the new files be assigned numerically as they are filed with the Town Clerk, instead of alphabetically (he did not have a new file assignments for the next meeting, other than LILCO). The Chairman's Assignments were amended for assignments numerically as they are filed. Fishers Island files are assigned by Member Doyen. The first number is the first application to be calendared for May 7, 1997 Regular Meeting, referred to as #4470 for Member Dinlzlo, and continues in the following order: Number Assigned Member 4470 4471 4472 4473 Member Dinizio Member Tortora Member Ostermann Chairman Goehringer 4474 4475 4476 4477 Member Dinizio Member Tortora Member Ostermann Chairman Goehringer 4478 Member Dinizio 4479 Member Tortora 4480 Member Ostermann 4481 Chairman Goehringer and so on. If a Fishers Island project is filed, the numbers will continue after that file, with similarity to the above member sequence. (Office staff would prepare a similar numerical list for members use for the remainder of the year, and for each meeting updated every Friday when new files are accepted in complete form.) ASSIGNMENTS/FORMS: Member Dinizio felt that many areas (at the top of form) should be completed by the Building Inspector instead of the applicant, especially since the appIicant may need more knowledge about why he/she is disapproved. Also, Member Tortora felt the new drafted appeal application form shouid not contain technical questions because it is too difficult for the applicant and should be a simple, user-friendly type of application. Another new draft is to be submitted for consideration as suggested that would be beneficial to aH in the permit process and appeal process. Supplementing the old ZBA variance form was the present building permit application form given to all members and which will be discussed. The building department application starts the appeai process. Page 3 - Minutes (Wor~k Session) Meeting of April 3, 1997 Southold Town Board of Appeais OTHER ASSIGNMENTS: (No change, no discussion except that the Chairman did request that a member to volunteer and assist with the reading of the Legal Notice for each meeting before it is published. Member Dinizio volunteered and was assigned to this jointly with the Board Secretary. NEW ASSIGNMENTS: The Chairman confirmed the following new areas of assignments to become effective immediately: a) as soon as possible after receiving a new application, each member should note into the file, whether it is their opinion that a Notice of Disapproval is defective or lacking information, and where; (and not to wait until the day of the hearing which is usually four weeks later); the purpose if to allow applicant an opportunity to return to the Building Department for a new or amended Notice of Disapproval if it requires an additional varianne~ and submit amendments to the ZBA file with the additional fee required, proper notice to neighbors, etc. If an application should go to a public hearing, and then it is found applicant wants to amend to include another variance or other relief, the board will not have jurisdiction to add the amendment until it is properly disapproved by the Building Inspector, noticed by law, etc. b) in the event there are questions of any file, the questions should be referred to the ZBA Chairman or alternatively noted in the file, and then to the appropriate Building Inspector or other agency or department. An example was a member's question raised in the Walker file regarding fences and tennis courts. The ZBA Chairman had the answer and did make reference in the file to a former Interpretation in the ZBA records regarding tennis court fencing. c) confirmed procedure for corrections on any legal document: The Chairman noted that if there should be a typographical error in any ZBA document, the Chairmau should first be contacted or a message left with ZBA office, by members so that he will have--an opportunity to take whatever step is necessary to have it corrected without any other steps by board members (includes minor keyboard typo which has not created an effect on the board's intent or validity of a decision). CRITICAL ENVIRONMENTAL AREAS and COASTAL ZONE MANAGEMENT PROGRAM was discussed. A meeting was arranged by the Building Department for this morning, to be held following this special meeting with representatives of the N. Y. S. D. E. C. concerning FEMA and the Coastal Zone Hazard Laws of the Town, State and Federal Governments. Page 4 - Minutes (Wo~k Session) Meeting of April 3, 1997 Southold Town Board of Appeals DATES OF WORK SESSIONS: The Chairman asked if there was may preference for Work Sessions to be held before the Regular Meeting, or after. No change was offered alternatively, except that the Chairman was asked by one or two members to change the Saturday Work Sessions. All agreed to meet at 7:00 p.m. on Tuesdays for the Month of April, immediately following the Regular Meeting for Work Sessions. The April work session is now re-scheduled to be TUESDAY, APRIL 15TH. The next work session was agreed to be THURSDAY, MAY 1, 1997 same time and place (7:00 p.m. in the Town Board's Conference Room, Town Hall). (Notice of the Meeting is then prepared and forwarded to the two Southold Town newspaper offices, posted on the Town Bulletin Board (in lobby), forwarded to the Town Clerk's Office for placement on the town's monthly calendar] list of all public meetings. BLANK DECISION FORMS FOR ASSIGNED MEMBERS' USE: The Chairman has extra copies of draft decision forms for assigned members' use in the following additional areas of juris- diction, in addition to area variances: Use Variance with Town Law standards. Special Exceptions with Town Law standards. Waivers under 100-26 with Code standards. There being no other business matters properly coming before the Board at this time, the Chairman declared the meeiin g adjourned. The meeting adjourned at approximately 10:35 a.m. Respectfully submitted, / / __ _k~k~ginda KoivdIski- 4/4/97 ///Resolution .Adopted 6ff4~-797 ~ Gerard P. Goehringer ,- Chairman ii ECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK ~~. ~,,.,,,...~~~_~DA~ (~ l [~'~ HOUR ] D'_ LI ~, Town Clerk, Town o~ Southold