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HomeMy WebLinkAboutZBA-01/17/1981 SPEC * APPEALS BOARD MEMBERS CHARLES GRIGONIS. JR. CHAIRMAN SERGE DOYEN JR. T£,q~Y T'J'T ~', LL ROBERT J. DOUGLASS GERARD P. GOEHRINGER doseph H, Saw~ck~ Southold Town Board of Appeals MAIN ROAD-STATE ROAD TELEPHONE (516) 765-1809 MINUTES SPECIAL MEETING HELD JANUARY 17, 1981 A Special Meeting of the Southold Town Board of Appeals was held on Saturday, January 17, 1981 at 9:30 o'clock a.m. at the Office of the Building Inspectors, Southold Town Hall, Main Road, Southold, New York 11971. Present were: Charles Grigonis, Jr., Chairman; Robert J. Douglass; Gerard P. Goehringer; and Joseph H. Sawicki. Absent was: Serge J. Doyen, Jr. RESERVED DECISION: Appeal No. 2752. Application of Fanny Behlen Community Health Center, P.O. Box 659, Greenport, New York for a Variance to the Zoning Ordinance, Art. III, Sec. 100-30 and Sec. 100-31 for permission to erect an 'ambulatory care clinic on property zoned A-Residential and Agricultural and with insufficient distances from street line and from the easterly side line. Loca- tion of property: South Side of North Road (C.R. 27), Greenport, NY; bounded north by North Road, west by Fenno, south by Fransisco, east by Nedoszytko. County Tax Map Item No. 1000-40-3-3.1. The Board members reviewed and discussed the within applica- tion, and motion was made by Mr. Grigonis, seconded by Mr. Goehrin- ger, as follows: This is an Appeal of the Fanny Behlen Community Health Center for an Area Variance to reduce the setback requirements of Section lO0-30B(4)(a) of the Zoning Code to permit the construction and operation of a facility characterized by the Appellant as an Ambulatory Health Care Clinic. The instant appeal is made in con- junction with Appellant's application to this Board for a Special Exception approval for such facility [see Appeal No. 2736], which ~s subsequent to the decision herein being made. Southold Town Board of Appeals -2- January 17, r981 Special Meeting Section lO0-30B(4)(a) of the Zoning Code provides that "...no building or part thereof or any parking or loading area shall be located within one hundred [100] feet of any street line or within fifty [50] feet of any lot line .... " Appellant proposes to locate the building 60 feet approximately from the street line and 29 feet from the east lot line, and to locate the parking area 50 feet from the street line and 20 feet from the west lot line. The town attorney has directed the Board's attention to several decisions of the Courts of this State which hold that when a Board of Appeals considers an application for a Special Exception use and the Zoning Code mandates that specific setback requirements must be met for such uses, that the Board of Appeals is without authority to waive, modify or alter any of the requirements specified in the Zoning Code [Section lO0-30B(4)(z)], in the guise of an area variance. (Matter of Jewish Reconstructionish Synagogue of the North Shores Inc. v. Board of Appeals of the Village of Roslyn Harbor, 34 N¥2d 827; Matter of Cappadoro Land Development Corp. v. Board of Appeals of the Town of Huntington 78 AD2d 696; Matter of Nassau Children's House, Inc. v. Board of Appeals of the Village of Mineola, 77 AD2d 898). Since the Board has no power or authority to waive or modify the setback requirements specified in Section lO0-30B[4)(a), this Appeal must be dismissed. NOW, THEREFORE, BE IT RESOLVED~ that the application of the Fanny Behlen Community Health Center for a Variance, Appeal No. 2752, be dismissed. Location of property: South side of North Road (C.R. 27), Greenport, New York; bounded north by North Road, west by Fenno~ south by Fransisco, east by Nedoszytko. County Tax Map Item No. 1000-40- 3-3.1. Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goehrin- ger and Sawicki. Absent was: Mr. Doyen. RESERVED DECISION: Appeal No. 2736. Application of Fanny Behlen Community Health Center, P.O. Box 659, Greenport, New York for a Special Exception to the Zoning Ordinance, Art. III~, Sec. 100-30 for permission to erect an ambulatory care clinic on residentially zoned property located at the South Side of North Road (C.R. 27, or C.R. 28), Greenport, NY; bounded north by North Road, west by Fenno, south by Fransisco, east by Nedoszytko. County Tax Map Item No. 1000- 40-3-3.1. The Board members reviewed and discussed the subject application, and motion was made by Mr. Douglass, seconded by Mr. Grigonis, as f~llows: Southold Town Board of Appeals -3- January 17-j 198! Special iMeeting This is an application of the Fanny Behlen Community Health Center for a Special Exception, pursuant to Section 100-30B(4) of the Zoning Code to construct and operate a facility characteriZed by the Applicant as an Ambulatory Health Care Clinic on Residentially-zoned property located on the south side of the North Road (C.R. 27, or C.R. 28), west of the Village of Greenport. Section 100-30B(4) of the Zoning Code provides that by Special Exception approval by the Board of Appeals, the following uses [among others] are permitted:' ...(4) Libraries, Philanthropic, eleemosynary or religious institutions, hospitals, nursing and rest homes or sanitaria for general medical care, but excluding facilities for the treatment of all types of drug addiction, subject to the fol- lowing requirements: (a) No building or part thereof or any parking or loading area shall be located within one hundred [100] feet of any street line nor within fifty [50] feet of any lot line .... It is the position of the Applicant that the proposed use comes within the definition of a "hospital" under Section 100-30B(4) of the Zoning Code and therefore the proposed use is a Special Excep.tion use which may be approved by this Board. On the other hand, persons appear- ing in opposition to the Application contend that the proposed use is not in fact a "hospital, and therefor this Board has no jurisdiction to consider the Application. The town attorney has directed the Board's attention to several decisions of the Courts of this State which hold that a Special Excep- tion use can only be granted upon compliance by the Applicant with the explicit standards set forth in the Zoning Code. [Matter of Tandem Holding Corp. v. Board of Appeals of the Town of Hempstead, 43 NY2d 801; Matter of Cappadoro Land Development Corp.,v. Board of Appeals of the Town of Huntington, 78 AD 2d 696]. It is undisputed tha~ the proposed building will be set back approximately 60 feet from the street (C.R. 27, or 28), and 29 feet from the east lot line, and that the parking area will be 50 feet from said street and 20 feet from the west lot line. In fact, Applicant has filed an Appeal with this Board for an area variance seeking to vary or modify the setback requirements of Section lO0-30B[4)(a) of the Code [Appeal No. 2752, supra]. Since the Applicant does not propose to meet the standards of Code for the approval of a Special Exception use, this Board is with- out power or authority to approve the Special Exception use, and accordingly this application must be denied. In view of the Board's determination herein, it is unnecessary for the Board to pass upon the Question of whether or not the proposed use falls within the uses specified in Section 100-30B(4) of the Code. Southold Town Board of Appeals -4- January 17, 1981 Special Meeting NOW, THEREFORE, BE IT RESOLVED, that the application of Fanny Behlen Community Health Center for a Special Exceptions Appeal No. 2736, be denied. Location of property: South side of North Road (C.2. 27, or 28), Greenport, New York; bounded north by North Road, west by Fenno, south by Fransisco, east by Nedoszytko. County Tax Map Item No. 1000-40-3-3.1. Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goehringer and Sawicki. Absent was: Mr. Doyen. The Board reviewed correspondence concerning Appeal No. 2750, application of Harry J. and Lillian Baglivi from Abigail A. Wickham, Esq., of Wickham, Wickham and Bressler in Mattituck requesting that the Board "reconsider the decision on appeal no. 2750 .... It is the consensus of the Board that they do not wish to change, amend or reverse their decision made concerning this appeal on November 20, 1980, and the Chairman be authorized to forward this response to Mrs. Wickham in writing as soon as possible. The Board also reviewed correspondence concerning this same Appeal No. 2750, application of Harry J. and Lillian Baglivi, received from the Suffolk County Department of Planning dated January 15, 1981, stating as follows: "...The'Suffolk ~County Planning Commission on January 14, 198t reviewed the above-captioned application and after due study and deliberation resolVed to di..$approve it because of the following: 1. It constitutes an apparent infringement on legislative powers exclusively delegated to the Town Board; 2. It would only tend to undermine the effectiveness of the zoning ordinance; tt would alter the character of the area and establish a precedent for the continuance of such land development patterns in the locale; There appears to be no demonstrable grounds of practical difficulty or unnecessary hardship at the site; and It is inconsistent with water supply limitations in the Nassau Point area .... Very truly yours, Lee E. Koppelman Director of Planning... Southold Town Board of ApPeals -5- January 17, 1981 Special Meeting The Secretary was asked to place this letter in the H. Baglivi Board of Appeals file, and that a copy be forwarded to Abigail A. Wickham, Esq., attorney for the Baglivies on the appeal, and a copy to be forwarded to Mr. and Mrs. H. Baglivi. For the record, it should be noted that on November 20, 1980 the Board of Appeals denied Appeal No. 2750, application~of Harry J. and Lillian Baglivi for a variance for approval of insufficient area and width of three proposed parcels at Nassau Point Road, Cutchogue, New York. Being there was no further business to come before the Board at this time, the Chairman declared the hearing closed approximately 10:00 a.m. Respectfully submitted, Linda F. Kowalski Secretary Southold Town Board of Appeals