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HomeMy WebLinkAboutZBA-09/30/1998 HEARINGAPPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing RECEIVED AND LED BY BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main, Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 ript of Continued Hearing September 30, 1998 .thold Town Board of Appeals by Lucy Farrell from Tape Recordings) *~-~5 P~.-M~.~-t-t--~ BUILDING INSPECTOR'S REQUEST FOR INTERPRETATION (Generic Interpretation, Town-Wide for Radio Towers for Private Use under FCC). Reopen Appl. #4611. I have to tell you that we are the Building Department less again, Mr. Fish is still ill and he will not be here. If anybody would like to add anything to this interpretation please raise your hand. Mr. Cuddy? By the way Mr. Cuddy I just want to point out for the record, that we did receive the information that you had prepared for us, and we will make it part of the file. CHARLES CUDDY, ESQ: I had as Mr. Goehringer points out delivered some additional information. The information that I delivered was nothing more than what had previously been before this Board and I just want it to be public. I delivered the statement by Mr. Oshin what I did is I took our certain excerpts of his testimony and to read it non-site specific so there are no references to any particular site. I have again another copy of that but tonight it's signed by Mr. Oshin. I took the Memorandums I had previously prepared and also eh-sized any site specific references 'there. So, we're talking simply about Radio Towers and Telecommunications, and I offer that again, Mr. Chairman, into the record if I may. CHAIRMAN GOEHRINGER: To answer your question, I have discussed that with counsel, and there is unanimity. MR. CUDDY: So that is an acceptable practice then to adopt those previous statements and - CHAIRMAN GOEHRINGER: wanted to consult counsel. They were really never scraped. I just MR. CUDDY: So we have it both ways. We have with or without. Mine is no different. In other words I didn't change the words. I simply took it and took out those words with any site specific references. Page 2 - Special Me~,ng/Public Hearing September 30, 1998 - Board of Appeals SECRETARY KOWALSKI: Can I mark that as 'received,' please. CHAIRMAN: Sure. BOARD SECRETARY: Thank you. MR. CHAIRMAN: It's very rare that we're on the floor like this but we were making decisions, and sometimes it's difficult to discuss the decisions with each other when we're up on the dais, so. MR. CUDDY: We thought that way we had a complete level plain. CHAIRMAN GOEHRINGER: Pardon me, Mr. Cuddy we always have been. completely level plain. MR. CUDDY: Thank you. After coming here six times, I didn't want to say it again. There's just one question that I had. MR. CHAIRMAN: Ok. MR. CUDDY: And that is, does the record contain the letter from the Building Inspector that certainly promoted if not caused this particular hearing? CHAIRMAN GOEHRINGER: We discussed that last, this tonight with counsel and I have to tell you that as you know, that letter was shortened, OK. That letter included your applicant's name and the specific situation that concerned this hearing. I at this particular time am not particularly happy with including that letter only because we chose to deal with this on a town wide basis. OK, that does not mean that it's only restricted to your applicant, ok. I will have to discuss that with counsel. MR. CUDDY: The reason I asked that as to whether it's appropriate is because we don't have the Building Inspector tonight, and we didn't have the Building Inspector last week. (Inaudible statement). CHAIRMAN GOEHRINGER: We could. MR. CUDDY: But even that, if he doesn't come certainly his letter is explanatory and the reason for doing this. If he does put it in terms of site-specfic, or non-site-specific, I would hope that maybe you would consider having that letter as part of ihe record. CHAIRMAN GOEHRINGER: OK. I have to tell you that we haven't decided if we're closing the hearing tonight or not. Alright. That's an issue that we really have not decided and I'm not speaking for Mr. Dinizio. Mr. Dinizio has quite honestly told me that he still wants to discuss this with it with the Building Inspector. Is that not true? Page 3 - Special Me~lng/Public Hearing September 30, 1998 - Board of Appeals MEMBER DINIZIO: Yes, and I don't mean to hold you up. Quite honestly I find that we can't seem to get someone here. Because I know if I called one of my employees With that set aside I think that Mr. Fish can provide me with answers to questions I have as to how we got here. I think that you know, when a person works 8 hours a day, five days a week, supposed to be 2 hours a week - I want to know, I want you to know, maybe there are questions that he can answer for me that might help me in making my decision. Certainly we{re talking about a decision that we make and I'm truly embarrassed that the Building Department cannot send a representative, and whether it has to be that particular person or not, I'm not so sure that it has to be. That we can't discuss it with anybody. Certainly he can discuss it. I don't want to go down there and say, hey, Joe - because then it's not fair to you, it's not fair to anybody else. My preference would be that you know, certainly, Mr. Cuddy we will take your particular comments into consideration if you so choose. If you have a different thing you want to try it. MR. CUDDY: I don't want to do anything that would prejudice my client but, certainly there has to come a time when it comes to an answer. I think everybody agrees on that. On the basis that Mr. Fish is ill, which is certainly an excuse, any time, and I would understand that you might put it on again, would you please put it on for a specific date so that we will have some hold on this thing. CHAIRMAN GOEHRINGER: Sure. Well I think we- I think we've done that you know, to the best of our ability. MR. CUDDY: I mean again, would you please so we have a special date and we know when we're coming. CHAIRMAN GOEHRINGER: Sure. And you know, you certainly don't have to hang around tonight if you don't want to. I don't mean that in a trite sense. You can call us tomorrow, and we'd certainly be aware of that issue, alright. MR. CUDDY: But what I'm saying is, is the Board in a position now to say that we're going to do something, next week or another week? CHAIRMAN GOEHRINGER: No, it's going to be at the next hearing. Notice which would be October 15th. MEMBER DINIZIO: It seems that's a pretty long time. CHAIRMAN GOEHRINGER: We'd get the next meeting. MEMBER DINIZIO: Yeah, but I mean the gentleman could be well tomorrow. We could do this next week. Page 4 - Special Me~ng/Public Hearing September 30, 1998 - Board of Appeals CHAIRMAN GOEHRINGER: Bearing in mind what he has and what he's suffering from, and I don't want to get involved in that situation, he could be out a week, OK, which would mean that we would then have to have another meeting next week at the same time. I suggest that we very simply just put it on for the 15th and put it to bed at that particular time. MEMBER COLLINS: We also want our Fishers Island member to come over here when we meet. CHAIRMAN GOEHRINGER: Yes. The other issue is that, you know, that I in - all due respects to the Building Department - understand these things, these things happen. I think that there was a fluke on their part where one member thought that the other person was going to come to the hearing, and that's basically what happened. As you know, I hate to use this phrase and I've only used it twice in 18 years, but we do have power to subpoena, and if Mr. Dinizio feels that it is of importance this is a democratic Board, and we'll vote on it. But, you know, there are other people who want to speak. Thank you. Anybody else want to speak regarding this? COUNCILWOMAN ALICE HUSSIE: keeping the hearing open? So, I'll have to assume that your CHAIRMAN GOEHRINGER: really voted on that situation. the hearing, OK. At this particular point we haven't I think there was a feeling to close COUNCILWOMAN HUSSIE: That's why I asked the question. CHAIRMAN GOEHRINGER: And I have to tell you that I have great feelings for these Board Members, we work very closely and a I would be so inclined to permit this to stay open until October 15th. I have no idea if I have the vote to do so, but we'll see. So Jim why don't you make the motion. MEMBER DINIZIO: No, I don't want to make a motion. I would like to assure this gentleman that this gentleman will show up at the next meeting. To me that's the utmost - CHAIRMAN GOEHRINGER: That's tantamount, yes. MEMBER DINIZIO: You know, whether it has to be him or anybody from. doing this, I'm not so sure. CHAIRMAN GOEHRINGER: No, he isn't - MEMBER DINIZIO: But if we're going to subpoena somebody then that's the gentleman that we subpoena. How do we go about doing that? CHAIRMAN GOEHRINGER: The Town Attorney will do it. Page 5 - Special Me~mg/Public Hearing September 30, 1998 - Board of Appeals SECRETARY KOWALSKI: We can do it by resolution. CHAIRMAN GOEHRINGER: Yeah. MEMBER DINIZIO: Resolution. CHAIRMAN GOEHRINGER: Well, you know, I don't think that's of necessity at this point as long as he tells us that he is going to show up. MEMBER DINIZIO: Well, I've got to tell you though, Jerry, I mean, because the record is full of indecisions on their part for the past, you know, six months since that because noone seems to want to make a decision on this. So, I mean, my purpose is that, put the thing to bed, you know, and grant it if measures have to be taken today. Now is the time to take these measures. You know, no one, knows for sure but we need to be sure that we can employ people and that Mr. Rosen hired people to come here and represent him that you know, as a town, you know, and trying to run an organization. You know, have some information for them. I mean, I cannot make a decision unless I know how it came about and if I can't, you know, even though I won't say how I feel, personally I want to say, it looks to me in the record that there's some real hemming and hawing going on. That there's a person who doesn't want to make a decision and doesn't want to stand by I need to speak to that person. I want to know, I want to understand how he came to this point so that we can make a decision. If I have to make a motion to subpoena him, then that's my motion. MEMBER HORNING: Are you making such a motion? MEMBER DINIZIO: Yes. MEMBER HORNING: I'll second it. CHAIRMAN GOEHRINGER: All in favor? BOARD MEMBERS: AyeS. SECRETARY KOWALSKI: Is anyone opposed? MEMBER COLLINS: Opposed? I mean, it can rather suddenly. CHAIRMAN GOEHRINGER: and I apologize. Yes, I tend to move motions rather fast MEMBER COLLINS: I guess I would vote on it. I'm not sure I care for the because procedurally, OK, I vote on it. SECRETARY KOWALSKI: Chairman voted aye, also? Page 6 - Special Meeting/Public Hearing September 30, 1998 - Board of Appeals CHAIRMAN GOEHRINGER: Yes. MEMBER COLLINS: You're adjourning the hearing with a date. CHAIRMAN GOEHRINGER: Well now we have to make a motion for that and I suggest that we do it on October 15th, which is the regular meeting date and we'll adjust the time accordingly and at the same time I just wanted to mention the other thing. Well yes, because you already advertised it, did you not? SECRETARY KOWALSKI: Well the time, the first hearing is at 6:30 and the last hearing is scheduled for 8:35. I don't know if Mr. Fish will be here that late. MEMBER DINIZIO: I'm concerned about George. CHAIRMAN GOEHRINGER: George is staying overnight. MEMBER DINIZIO: You're staying overnight? Oh. SECRETARY KOWALSKI: What time would you like on that? MR. CUDDY: I don't know, I'll discuss that with you and the Board, just set a date. SECRETARY KOWALSKI: CHAIRMAN GOEHRINGER: SECRETARY KOWALSKI: at 6:00 o'clock? CHAIRMAN: SECRETARY: CHAIRMAN: CHAIRMAN GOEHRINGER: MEMBER DINIZIO: Yes. CHAIRMAN GOEHRINGER: BOARD MEMBERS: Ayes. CHAIRMAN GOEHRINGER: It would be at 6:30 or after, right. Yes. We will discuss it. Is it possible that it would be earlier, say Yes, that's possible. It depends. So in that motion are we saying after 5:307 No, no. Just say from 6:00 p.m. So, you're making that motion? I'll second that. All in favor? made a resolution recessing the hearing for October 15th. thank you again, ladies and gentlemen for coming here. See Minutes for official Resolution and vote. OK, so at this particular point we've We