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HomeMy WebLinkAboutZBA-03/01/1990 HEARING 1 2 3 4 5 6 7 8 9 10 TOWN OF SOUTHOLD COUNTY OF SUFFOLK : STATE OF NEW YORK TOWN OF SOUTHOLD ZONING BOARD OF APPEALS HEARING Main Road, State Road 25 Southold, New York 11971 March 1, 1990 7:3~ P.M. 11 12 13 14 15 16 17 18 19 20 21 22 BEFORE : BOARD MEMBERS: ALSO PRESENT: GERARD P. GOENRINGER, Chairman CHARLES GRIGONIS, JR. SERGEs. DOYEN, JR. JAMES DINIZIO, JR. DOREEN FERWERDA 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE CHAIRMAN: We will open the hearing, ladies and gentlemen, and the first thing to deal with is Southold Agway, which is what we inadvertently didn't deal with the last time. This is an application that is re- questing a fence in the front yard area for the purpose of enclosing the front yard for the house plantings or bedding plants for the sumpter. Of course, they want to know that they have it so that they can order the proper materials. In this particular case, the lot. Does anybody have any particular objection? The only problem I have, Char- lie, is that we have to allow this corner here to be unobstructed. So in other words, you have got to be able to see through the fence. If you remember, we did the same thing across the street on Southold Lumber on Boisseau Avenue and the corner of what- ever that next road that runs Avenue? road ... what is the next between Boisseau and Youngs Whatever the name of the road is. 1 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 It's Ho~nel. We made them put the lumber hack ten feet on both sides so you could see down the road. Okay. All right. So I assume you were not here for this hearing, were you, Serge? MR. DOYEN: No. This Agway is right around the corner here (indicating). THE CHAIRMAN: So I guess the first thing we would say is we would grant them a fence to a maximum 'height of six feet without any extensions, and we are using that phrase ... no barbed wire or razor wire on top and in this particular case it is a chain link fence. It is to be erected approximately 22 feet from the building towards~Youngs Avenue, the corner, that is the south corner of the existing building, and when we say 22 feet we are reflecting inside the property line. We mean on their property and running ... MR. GRIGONIS: Doing the main part of the building because this is ... THE CHAIRMAN: Okay ... running a distance not to exceed ... I see ... not to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 exceed about 70 feet .,. 70 feet, MR. DOYEN: The question is why not raise a top? THE CHAIRMAN: Because it horrendous in the front yard. MR. DOYEN: For aesthetic THE CHAIRMAN: Yes. They 4 running north about looks reasons. told us they plan on putting in green vinyl chain link that looks fairly decorative in the front yard area. We did not have any objec- tions from any of the neighbors. So I can see they do have a hardship there, because 'they evidently have had a problem with some pilferage in the rear of the building. MR. DOYEN: This is to protect ... THE CHAIRMAN: ... their product. So is to run again 70 feet north and back to it the building 22 feet and enclosing the front approximately two-thirds to three-quarters of the front yard area. Is that correct? MR. GRIGONIS: THE CHAIRMAN: have is that at the corner of That is correct. The only request we the driveway 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 coming off of Youngs Avenue, ings be held back a distance ly ten feet, and the Youngs Avenue, so as coming traffic. (Whereupon, there was held off the record.) THE CHAIRMAN: the phrase is. MR. DINIZIO: THE CHAIRMAN: it 5 that the plant- of approximate- same to the north on to get a view of on- a discussion Site easement is what Sounds good. And the restriction is is not to be moved. MR. DOYEN: Is that Agway being moved bY the corporation? THE CHAIRMAN: It is a cooperative. MR. DOYEN: Do they have a manager? THE CHAIRMAN: I don't know how their real managers deal with it anymore. ! think it is really a corporation. Who wants to make the motion? MR. GRIGONIS: I will make it. MR. DINIZIO: I second. THE CHAIRMAN: All in favor? MR. GRIGONIS: Aye. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. DOYEN: Aye. MR. DINIZIO: THE CHAIRMAN: Aye. Let the record show that Mr. Grigonis made the motion and it was seconded by Mr. Dinizio. The second one is Mr. Malone, an application over here on North Sea Drive. Mr. Serge, you were not here for this one, but Mr. Malone was gracious enough to come out and meet with us ... very nice man. This is the place that we went down to, the farewell party for Linda. His is the next driveway to the northeast and they are '~uilding a house next-door and it is about three, maybe five houses on this, or five or six lots~on this right-of-way, and interest- ingly enough, he owns half of the right-of- way and the fellow across the street owns the other half. He is seeking to construct a six foot high fence, and my mind escapes me if there are fences to the distance, but I believe he said it was 70 feet. MR. DINIZIO: Yes, no further than 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 - /O -- 7 that, I think. THE CHAIRMAN: Yes, I've got 30 here. (Whereupon, there was a discussion off the record.) THE CHAIRMAN: Okay, the problem is we have a placement where to place it; and number two, do we want to screen it; and number three, do we want to? MR. DOYEN: screen? THE CHAIRMAN: What do you mean by I asked him if it was going to be graduated six feet. In other words, starting at four and going up to six and going back down again. MR. DOYEN: Yes. Would you do that? THE CHAIRMAN: Just to make it a little more decorative because it is in his front yard. He said no. MR. DOYEN: The front yard is not on the corner. THE CHAIRMAN: MR. DINIZIO: front yard. THE CHAIRMAN: No. It is definitely in the The side of his house 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2'1 22 23 24 25 8 faces west, and it is really the side of his house which is the front yard. We all know across the street we granted this gentlemen a trellis to put up to shade ... to keep his driveway clear of the restaurant next-door. MR. DOYEN: I think that a six foot fence basically is to keep a clear view on the corner more than anything else, don't you? MR. look at it THE CHAIRMAN: Yes. DOYEN: So it is not a horror to and it is THE CHAIRMAN: not on the corner. Okay. He said he was going to place it approximately five feet ... didn't he say that ... five feet ... of the right-of- ... which, of course, have to worry about people having the right to inside ... MR. DINIZIO: way ... THE CHAIRMAN: he owns. So we don't that, about other go over it. MR. DINIZIO: He is going to place that ten feet from the center of the right- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 of-way. THE CHAIRMAN: into the property. MR. DOYEN: Which is five feet He is not going to cut off the view from his driveway coming in and out. THE CHAIRMAN: Okay. MR. DOYEN: That is where it should be four feet and scale up to six feet. THE CHAIRMAN: He doesn't want to do that. I asked him that question. MR. DOYEN: Well, the purpose of the four feet is for view. THE CHAIRMAN: Well, the purpose of this is to shield it from the house next- door which is three stories and overlooks his entire yard. MR. DOYEN: think that coming out That is what he is saying. Okay. I still don't is a very good idea. You are on the blind. All of a sudden you've got a six bile. He cannot THE COURT: want foot fence and an automo- see it coming out. Well, that is where you to graduate an eight foot section on 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 both sides. MR. DOYEN: Well, I don't know. I would think so, so people could see him approaching a public thoroughfare. THE CHAIPJ4AN: ... doesn't come out. This is the right-of-way he owns. He owns the center lot. (Whereupon, there was a discussion held off the record.) So this is his driveway Right. MR. DOYEN: here (indicating). THE CHAIRMAN: MR. DOYEN: Who would be using this ~.. certainly they could not see him coming out. That is what I am getting at. If the fence is~... I don't know. That is just one thought in the matter. THE CHAIRMAN: That is why I asked the question. You go over to the one we just granted down in Southold, up here in ... what is the name of that development, the new one? We granted the fellow the same thing. He had a dead-end road, on the one side. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. DOYEN: consideration the traffic, whatever, 11 It was just to take into if there was practically no traffic. THE CHAIRMAN: If I was he, I would not have erected this. out and bought bushes and greens. wouldn't care if they grow to 20 I would have gone I feet high. The ones you have on your house in Fisher's Island. MR. DOYEN: I care. THE CHAIRMAN: Then you can sympa- thize with the man. MR. DINIZIO: He wants a six foot fence. I see no problem with him having it. MR. GRIGONIS: If it is chain link you can ~ee right through it. MR. DOYEN: That defeats the purpose. THE CHAIRMAN: So in writing this decision we would say that the fence starts approximately 30 feet, okay, from the beginning of his property adjacent right-of-way. would then say exceed approximately Okay. Would we say that the fence is not to 70 lineal feet in to the that? We 1 2 3 4 5 6 7 8 9 10 11 12 13 14 t5 16 17 18 19 20 21 22 23 24 25 length. Is that MR. DOYEN: going to be here, correct? On the map, is this starting right here 12 (indicating), approximately 30 feet? THE CHAIRMAN: It is going to be from here to here (indicating). MR. DOYEN: Well, what I am getting at is where he is coming out, here and here (indicating), ~urther back ... he gets the ~ence ... when he is coming out to the car. THE CHAIRMAN: Right. The point is, what Serge is saying is that the fence should be placed on his own property line. It should not be placed on the right-of- way. Even though a person owns a right-of- way, we~have never placed a fence on a right-of-way. MR. DINIZIO: Let's put him back four or five feet. THE C~AIRMAN: We have to say he has to establish his fence on his own property. He can be six inches in. It can be four inches in. But it is going to be on the beginning of his property, not on the right- of-way. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. DOYEN: Just as long stick his nose out. THE CHAIRMAN: on his own property, monuments, MR. anyway. THE CHAIRMAN: to exceed 70 feet in length, as he can We would establish it inside on his own on his own property. DOYEN: You would have to, It is as we said, not and not to exceed 6 feet in height. MR. DOYEN: What say ... in his own land, you are trying to as opposed. THE CHAIRMAN: On his own property, exclusive of the right-of-way. All right. We will use the phrase "exclusive of the right-of!way." (Whereupon, there was a discussion held off the record.) THE CHAIRMAN: Not to exceed in length and 6 feet in height. (Whereupon, there was a discussion held off the record.) THE CHAIRMAN: Exclusive of the right-of-way ... if he questions you about 70 feet 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 14 that just tell him we have to allow fire vehicles to pass and they will pass and if the fence is in the way they will knock it down. Does anybody have any problem with that? You East Enders, anybody would like to grant that? Charlie ... I see his hand up. MR. GRIGONIS: Okay. MR. DINIZIO: I second. THE CHAIRMAN: All in favor? MR. GRIGONIS: Aye. MR. DOYEN: Aye. MR. DINIZIO: Aye. THE CHAIRMAN: Let's go on to ... MR. DINIZIO: We have to address this next calendar. Right. I've got a real problem with one of the people on this calendar as to whether or not we should even hear the hearing. Partners. about zone That's the Jordan's THE CHAIRMAN: I think we can talk ... they are asking us to change a on that place. What are we going 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 to do? MR. DINIZIO: We are not going to grant them what they want and they are going to be hurt. THE CHAIRMAN: No. Let's look at it practically. We had a similar situation and that was should we hear it or shouldn't we hear it. You know we have to hear it. MR. DOYEN: We are bound to hear anything no matter how ridiculous. THE CHAIRMAN: Don't jump at it, at what we are looking to be on the surface. (Whereupon, there was a discussion held off the record.) THE CHAIRMAN: The framework o~ what we are r~erring to is use. MR. DINIZIO: He is coming to us claiming hardship that the Town created. The only hardship here is the hardship that the Town changed the zone of middle o~ this. MR. DOYEN: We cannot him in the in e~fect change a zone, and no matter how that is coming about that is where we are 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 coming from. THE CHAIRMAN: Do me a favor. On this one, I will give you full authority to take the file and go over to Frank Isler's office within the next couple of weeks and we will pull it, if you want to pull it until ... (Whereupon, the record.) THE CHAIRMAN: I had a discussion with Frank Isler today. Can you go over there tomorrow? MR. DINIZIO: hospital tomorrow. to make it there until next week. MR. DOYEN: MR. DINIZIO: be home. THE CHAIRMAN: be in the hospital tion. MR. DOYEN: so what? MR. a discussion was held off No. I will be at the I probably won't be able I said next week. I said It's already Thursday. DINIZIO: Go ahead and put it on His wife is going to tomorrow for an opera- It is Friday. My wife and kids will 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and I will handle THE CHAIRMAN: Frank Islet about it? MR. DINIZIO: feelings on this is it my way. You want to speak to By all means. My that it may appear to this person that we are holding him up again. In other words, it is just like it is one more thing this gentleman ... more hurdle he has to cross again. want that apparent.' to go and we decide to go, this man has wasted a few more months and way. one I don't If this is not the way that it is not the way I don't want the Town to appear that MR. DOYEN: We want to know where we are coming from by the time of the hearing. THE CHAIRMAN: lng. Not before the hear- would like to ... if ... I don't know if it MR. DINIZIO: I it comes to the point will ... that we should not hear this, that this is not within our jurisdiction and a lawyer says so ... MR. DOYEN: There is nothing that we 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 18 cannot hear. I mean, there is nothing as far as jurisdiction goes, but we have to hear anything anybody wants. MR. DINIZIO: heard, fine. MR. DOYEN: If he wants to be Apparently, he does. MR. DINIZIO: But is it necessary he be heard or should he be going to somebody else? THE CHAIRMAN: Let me give you an example. Joe Louzinski (phonetic spelling) came before us. came MR. DINIZIO: Several times. THE CHAIRMAN: But the first time he in with his project, down at Cutchogue, we heard ~%m. You know he did a good job himself explaining to us what he was build- ing down there and we determined okay, that it was not within our jurisdiction to grant him a variance to operate this health club because he was not in the proper zone. He was not in the proper zone. He then sought relief from the Town Board and he went to the Town Board and they 1 2 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 --DS -- 19 changed the zone to the business zone. Then he came back to us for the special exception and we granted it because it was within our purview. At this particular point I am not trying to draw similarities between both cases, but this is the type of situation we have to deal with. MR. DINIZIO: Let's deal with it, I would like to talk to Frank about then. it. MR. DOYEN: You should, absolutely. THE CHAIRMAN: I would like you to take the time but you have to understand once this is advertised people are going to come in ~nd look for the file. So I am dealing with the zoning right now and that is the one I am targeting on. MR. DINIZIO: Let's feel free. I mean, that is one of the basic advantages we have at this point. Once that plug is pulled ... it may be once the person who was just hired has been established then we have a tremendous problem. I don't really see 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 any problem. THE CHAIRMAN: That's not true. 20 The person you spoke completely objective. Number two is to you want to make sure is That's number one. to give you the best possible legal advice you can possibly get. MR. DOYEN: Who is this? THE CHAIRMAN: Frank Isler from Frank Yakaboski's office, our special counsel. MR. DINIZIO: If I can't get to it this week I will get to it the week after. THE CHAIRMAN: So Subsection 2, tentatively we will set these down for a 'hearing, which is known as 1 through 11, for the 15th of March to come in at 7:30 p.m. The only~one that we may tentatively remove is Michael Herbert, and we will check with the Town Attorney. (Whereupon, a discussion was held off the record.) THE CHAIRMAN: So what we are going to do is we will check with Matt, because I mean if Michael calls me tomorrow ... there is no way I can have discussed it with Matt. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 21 That brings us to another situation and that is Gus Wade, on February 6th of this year. We determined that there was a preliminary action for the acceptance of the Wade file which is Appeal Ntunber .,. I don't have the Appeal Number. (Whereupon, there was a discussion held off the record.) THE CHAIRMAN: At this particular point in time we have spent ... this is a February 22 date circulating, this prelimi- nary notice of lead agency. We have heard back from the Planning Board which says they 'have no objection to our taking lead agency status. W~ have heard from the Trustees and we are of the understanding that the ap- plication they had before them has been withdrawn, and I feel that possibly they should be a cooperating agency at this point, on this particular project, not- withstanding the letter I have which should be placed in that MR. DOYEN: before me record. Okay, but you can't have 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 22 both ways against the Trustees. Here are we. We are requesting that the SEQRA and all involved agencies suspend action on this matter. THE CHAIRMAN: Right. MR. DOYEN: So technically, if the guy wanted to push it and he wanted to be heard before us, we couldn't turn that one down any more than the other ones. THE CHAIRMAN: Except that based upon this letter from the Town Trustees I am suggesting tonight as a matter, and I will recommend to you, that we write a letter to Mr. Wade indicating the receipt of this letter from the Trustees and send him a copy and telling him ... and asking him how he would like us to proceed. And that is basically does he want us to have a public hearing or does he not want us to have a public hearing at this point? MR. DOYEN: What was his application before? THE CHAIRMAN: 280A, which is a bridge from the Town road to his property. 1 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. DOYEN: He has been issued a building permit already. THE CHAIRMAN: No. The building permit was revoked in 1984 or '85. MR. DOYEN: By whom? 23 THE CHAIRMAN: Victor Lessard. MR. DOYEN: On what grounds? THE CHAIRMAN: I assume it was im- properly issued. (Whereupon, there was a discussion held off the record.) MR. DINIZIO: They considered access over the water at the time to be ... at, MR. DOYEN: That's what I'm getting If that was a water access that would maybe satisfy 280A by some standards in by that case ... (Whereupon, there was a discussion held off the record.) THE CHAIRMAN: In dealing with this letter, I would like to establish the fact that we do have lead agency status. And I will afford anybody that would like to, that does not have their copy of the State 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 ~?~ 24 Environmental Quality Review Act. If you don't have it, you can find it from the last time we did it. I am affording you another copy· MR. DOYEN: Very good. THE CHAIRMAN: On the 15th we will establish the type of agency we are going to be dealing with or the status of this par- ticular lead agency· tion. part, yes. MR. DOYEN: THE CHAIRMAN: That is You mean the informa- The informational right on the 15th day, maximum limit. So at this point, for all intents and purposes, I will make a motion to estab{ish lead agency status charge. MR. DINIZIO: Second. MR. GRIGONIS: Aye. MR. DOYEN: Aye. MR. DINIZIO: Aye. THE CHAIRMAN: Bearing in mind we have read this letter from Mr. Wade, I suggest we right a letter to Mr. Wade in- dicating to him based upon the letter from 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the Town Trustees that we are to him which way he would like with his application. on the SEQRA process, want us to go public 25 leaving it up us to proceed This has no bearing and that it doesn't hearing with this. We are not making any positive decision and I intend to put this in the letter to him based upon the letter from the Trustees that they have denied him twice on this applica- tion, on his own application, for the traversing of the property. MR. DOYEN: Just one comment for the record: This is a very tricky thing because in effect if he is denied the use of his I, Gail Roschen, do hereby certify that I am an Official Court Reporter and that the foregoing constitutes a true and correct transcript according to my official stenographic notes. CAlL ROSCHEN Official Court Reporter property that brings up a whole other can of worms. ~ (Time noted: 8:23 p.m.) Southolcl Town Board of Appeals MAIN ROAD- STATE ROAD i~5 SOUTHOLD, L.I., N.Y. 11~'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. A~TION OF THE BOARD OF APPEALS App1. No. 3910 Matter of SOUTHOLD AGWAYo Variance to the Zoning Ordinance, Article XXIII, Section 100-230 C (1), Section 100-231 A, for permission to construct a 6 ft. high fence in front yard area. Property Location: 1705 Youngs Avenue, Southold, County Tax Map No. 1000, Section 60, Block 1, Lot 5. WHEREAS, a public hearing was held and concluded on February 15, 1990 in the matter of the Application of SOUTHOLD AGWAY under Appeal No. 3910; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and ~he surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question located along the west side of Youngs Avenue, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 60, Block 1, Lot 5. 2. This is an application for Variances from the zoning Code Article XXIII, Section 100-230 C (1), Section 100-231 A, for permission to construct a 6 ft. high fence in front yard area. Page 2 - Appl. No. 3910 Matter of Southold Agway Decision rendered March 1, 1990 3. Article XXIII, Section 100-230 C (1), C. Exceptions to yard requirements. (1) Permitted obstructions. Cornices or cantilevered roofs may project not more than (2) feet into a required yard. Belt Courses, windowsills and other ornamental features may project not more than six (6) inches into a required yard. Fences or walls not over four (4) feet in height may be erected anywhere on the lot, except as set forth in 100-232 herein. Paved terraces, steps and walks (other than such as are needed for access to the buildings on the lot) shall not project within fifteen (15) feet of a street line or four (4) feet of property line. 4. The property in question Industrial" Zone District and will Acres. is located in the "Light contain an area of 4.2337 5. In considering this application, the Board finds and determines: (a) that the circumstances of this uniquely related to the premises and its nonconformities; application are established (b) that there is no other method for appellants to pursue; and placing the 6 ft. high fence anywhere in the front yard will require other variance relief; (c) that the area chosen for the fence is not unreasonably located; (d) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (e) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Grigonis, Seconded by Mr. Dinizio, it was n~ge % ~npl No, Sql0 Matter of SOUTHOLD AGWAY Decision rendered on March 1, 1990 RESOLVED, to GRANT a Variance in the matter of the application of SOUTHOLD AGWAY as applied under Appeal No. 3910 for the placement of a chain link fence 6 ft. in height, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the chain link fence not exceed 6 ft. in height and not contain razor wire or bob wire. 2. That the chain link fence be 22 ft. from the building Cowards Youngs Avenue and that the south corner be inside the property line 20 ft. 3, That the chain link fence not exceed 70 ft. running north and not enclose front door of said building. 4. That plantings be placed 18 ft. back inside fence if elevated above ground, for a sight easement at the corner of the driveway for when entering/exiting onto Youngs Avenue and fence enclosement remain unroofed. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Dinizio (Absent Joseph Sawicki). This resolution was duly adopted. df GERARD P. GOEH~INGER, CHAIRMAN