HomeMy WebLinkAboutZBA-07/22/1999
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~'\1 'APrEALS BOARD MEMBERS ",iT ~\\fFDL,t .
~. ~ . ,.J1'$SJI~ . ~~ ~ Southold T~wn Hall
\9.. Gerard P. Goehringer,Chairman ..\.i~ ~ '53095. MaIn Road
~Jl James Dinizio, Jr. ~ ~ ~ : P.O. Box 1179
. , Lydia A. Tortora ~ "0 ~ Southold, New York 11971
J Lara S. Collins \ ~ .. ,~~ ZBA Fax (516) 765-9064
George Horning '0./ + "'1-'i): Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
MINUTES
REGULAR MEETING
THURSDAY, JULY 22, 1999
A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the
Southold Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, July 22,
1999 commencing at 5:55 p.m.
Present were:
Gerard P. Goehringer, Chairman
James Dinizio, Jr., Member
Lydia A. Tortora, Member
George Horning, Member (arr. 6:15 p.m.)
Lora S. Collins, Member
Linda Kowalski, Secretary to ZBA
5:55 p.m. Chairman Gerard P. Goehringer called the meeting to order.
1. SEQRA: The following items pending SEQRA reviews by the involved agencies were
noted as reminders on the Agenda:
Schroeder Property - Main Road, East Marion. LEAF review. Resolution/status.
Gazza-Letteri - new private road for five future dwellings extending from Main Road.
Mattituck Library expansion - PB Site plan, ZBA Special Exception & setback variance.
Hellenic-Giannaris for multiple habitable buildings, restaurant, etc. on 2.5+- acres
with variance(s). (Also await additiona~ documentation from agencies before
advertising variance.)
II. PUBLIC HEARINGS: The Board proceeded with the following public hearings.
Unless otherwise noted, each hearing was concluded after receiving testimony.
5:45 - 6: 10 p.m. (Continued hearing from 6/24) App. No. 4698 - WILLIAM
LIEBLEIN and BUDD'S POND REALTY. Garret!: Strang, R.A. Variances requested for
lot size, proposed rear yard setback and buildino heioht at 62845 and 62945 Main Road,
Southold; 1000-56;..4-11 and 13.2. Zone: M-II Marine District. Architect Garrett Strang,
William Ueblein, and others spoke in support of the application. An affidavit of mailing with
certified mail receipt was submitted as required under Chapter 58 (Notice to the L.I.R.R.).
Also speaking in favor of the application were Robert Schroeder, Jr., Dave Cichanowicz, Dick
Page 2 - Minutes
Meeting held July 22, 1999
SOl-!thold Town Board of Appeals
Mullen, Harvey Bagshaw, John Nickles. Following testimony, the hearing was concluded.
(See written transcript prepared under separate cover by part-time clerk, Lucy Farrell.)
6:10 - 6:20 p.m. Appl. No. 4727 - STANLEY PAWLOWSKI. This is a request for
a Variance under Article III, Section 100-30A.3, Bulk Schedule, based upon a Notice of
Disapproval with regard to lot coverage in excess of code limitation for a proposed accessory
storage building at 1785 Crown Land Lane, Cutchogue; Parcel 1000-102-7-4. Stanley
Pawlowski spoke in behalf of hi~ application. (Member Homing arrived at this time.) Mr.
JohnSulHvan spOke with concerns about the project. Following testimony, the hearing was
concluded. (See written transcript prepared LInder separate cover by part-time clerk, Lucy
Farrell. )
6:20 - 6:30 p.m. REHEARING. Appl. No. 4714 - ROBERT AND JOYCE BARRY.
This is a request for a Variance under Article III-A! Section 100-30A.4 based upon a Notice
of Disapproval issued June 7, 1999 for the proposed location of a new, detached two-car
garaqe in an area other than the required rear yard. Location of Property: 875 West Cove
Road, Cutchogue, NY; Parcel 1000-111-3-18. Mrs. Barry spoke in support of her
application. During hearing discussions! the following Resolution was adopted:
On motion by Chairman Goehringer, seconded by Member Tortora, it was
RESOLVED! to rehear Appl. No. 4666 in the Matter of Robert and Joyce Barry.
VOTE OF THE BOARD: AYES: Goehringer, Dinizio! Tortora, Collins and Horning.
This Resolution was duly adopted (5-0).
The Board continued with the public hearing. After receiving testimony! the hearing was
concluded. (See written transcript prepared under separate cover by part:...time clerk, Lucy
Farrell. )
6:30 - 6:35 p.m. Appl. No. 4713 - F. and L. MARKHAM by Robert Lenner! The
Boulevard Group, Inc. Applicants request Variances under Article XXIV, Section 100-244
based upon a Notice of Disapproval issued March 15, 1999 for the proposed location of a
new addition to dwelling with an easterly side yard at less than the existing eight feet and
combined side yards at less than 25 feet. Location: 875 Mason Drive! Cutchogue; 1000-
104-5-37. Mr. Lenner spoke in behalf of the applicants. After receiving testimony, the
hearing was concluded. (See written transcript prepared under separate cover by part-time
clerk, Lucy Farrell.)
6:35 - 6:43 p,m. Appl. No. 4715 - GREGORY MICHELIS, by Joseph Fischetti,
P.E. Applicant is requesting Variances under Article III, Section 100-33, based upon two
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Page 3 - Minutes
Meeting held July 22, 1999
South old Town Board of Appeals
June 8, 1999 Notices of Disapproval for a proposed in-qround pool with deck is requested in
a side yard rather than the required rear yard and under Article XXIII, Section 100-231, for a
proposed accessory tennis court with fencing at a height greater than four (4) feet in a front
yard area. Location of Property: 430 Salt Marsh Lane, Peconic, NY; Parcel 1000-68-3-13.
Mr. Joseph Fischetti spoke in behalf of the application and submitted a layout of the
proposed tree area for screening. After receiving testimony, the hearing was concluded.
(See written transcript prepared under separate cover by part-time clerk, Lucy Farrell.)
6:43 - 6:50 p.m. Appl. No. 4716 - STANLEY RUTKOWSKI. This is a n;gu~,!.?!JoLa
Variance under Article III, Section 100-33, based upon a June 8, 1999 Notice of Disapproval
which states that the proposed accessory building is requested in a front yard rather than
the required. rear yard. Location of Property: 5705 Main Road, East Marion, NY; Parcel
1000-35-2-16.1. Mr. Rutkowski spoke in behalf of his application. After receiving
testimony, the hearing was concluded. (See written transcript prepared under separate cover
by part-time clerk, Lucy Farrell.)
6:50 - 7:00 p.m. Appl. No. 4717 - ANTHONY AND CHERYL SCLAFANI, by
Deborah Doty, Esq. This is a request for a Variance under Article III, Section 100-31A(1),
based upon an April 29, 1999 Notice of Disapproval which states that the' proposed
renovation for family quarters in an accessory building would be a second dwelling. Section
100-31A(1) provides for "one family detached dwellings not to exceed one dwelling on each
lot. " Location of Property: 790 Ruch Lane, Southold; Parcel 1000-52-2-29. Deborah
Doty, Esq. spoke in behalf of the application. Mr. and Mrs. Sclafani were also present. After
receiving testimony, the hearing was concluded. (See written transcript prepared under
separate cover by part-time clerk, Lucy Farrell.)
7:00 - 7:12 p.m. Appl. No. 4718 - JAMES RYAN, Tenant (Owner: Alan Cardinale).
This is an application filed at the request of the Building Department for a Special Exception
under Article IX, Section 100-91B(11) to establish take out restaurant use in existing building
known as 50 Love Lane, Mattituck, NY; Parcel 1000-140-3-42.2. Mr. Ryan spoke in behalf
of his application. After receiving testimony, the hearing was concluded. (See written
transcript prepared under separate cover by part-time clerk, Lucy Farrell.)
7:12 - 7:34 p.m. W. .and K. VON EIFF (Owners: W. and S. Franken) by Gary
Flanner Olsen, Esq. With respect to property known as 74605 Main Road, Greenport; 1000-
45-4-5.1. B General Business Zone District, requesting:
Appl. No. 4720 fora Special Exception under Article X, Section 100-101B(5)
for a single-family dwelling in an existing building; and
Page 4 - Minutes
Meeting held July 22, 1999 ,
Southold Town Board of Appeals
Appl. No. 4721 for a Variance under Article X, Section 100-102, Bulk Schedule,
to allow dwelling use in conjunction with a permitted business use on this 23,396+-
sq. ft. parcel, based upon a Notice of Disapproval dated June 14, 1999 which states:
"proposed project is in a B Zone, one-family dwelling use requested was pre-
existing nonconforming that has lost its status pursuant to Article XXIV,
Section 100-241G which states: ...Whenever a nonconforming use of a
building or premises has been discontinued for a period of more than two (2)
years or has been changed toa higher classification or to a conforming use,
anything in this Article to the contrary notwithstanding, the nonconforming
use of such building or premises shall no longer be permitted unless a
variance therefor shall have beerlgranted by the Board of Appeals. One
family dwelling use is currently a Special Exception use in the B Zone (Section
100-1016-5). pursuant to Article XI Section 100-102, Bulk Schedule requires
30,000 sq. ft. per business use, one-family dwelling use listed as N/ A."
Gary Flanner Olsen, Esq., Mr. and Mrs. Von Eiff, spoke in support of the application. After
receiving testimony, the hearing was concluded. (See written transcript prepared under
separate cover by part-time clerk, Lucy Farrell.)
7:34 _ 7:35 p.m. Appl. No. 4719 - JOSEPH AND GLORIA YACCARINO. This is a
request for a Variance under Article III, Section 100-331 based upon a Notice of Disapproval
dated May 24, 1999 (and building permit application dated March 311 1999) to construct a
proposed accessory shed in an area other than the reauired rear yard. Location of Property:
21605 Main Road, Cutchogue, NY; Parcel 1000-108-3-11. Mr. Yaccarino spoke in behalf of
the application. Mrs. Yaccarino was also present. After testimonYI the hearing was
concluded. (See written transcript prepared under separate cover by part-time clerk, Lucy
Farrell.)
A break was taken 7:35 - 7:43 p.m.
Motion was made by Member Dinizio, seconded by Chairman Goehringer, and duly
carried, to reconvene. This Resolution was duly adopted (5-0).
II. PUBLIC HEARINGS, continued:
7:44 - 8:12 p.m. (Continued from 6/24/99) Appl. No. 4702 - DAN and MADELINE
ABBOTT. Lot Waiver. 435 Pine Place, Gardiners Bay Estates, East Marion. Eugene
Barnosky, Esq. ,spoke in behalf of the application. David Wirtz, Esq., adjoining property
owner, opposed the application and asked for a postponement in order to obtain an
Appraisal to show that his property was de-valued. (See written transcript prepared under
Page 5 - Minutes
Meeting held July 22, 1999
Southold Town Board of Appeals
separate cover by part-time clerk, Lucy Farrell from tape recordings.) Motion was made by
Chairman Goehringer, seconded by Member Horning, and duly carried, to RECESS the
hearing to September 16, 1999 in order that Mr. Wirtz may obtain and submit an appraisal
for consideration. Vote of the Board: Ayes: Goehringer, Tortora and Horning. Nays:
Dinizio and Collins. This Resolution was duly ADOPTED (3-2).
8:12 p.m. Mr. V. Torre indicated that he had to leave to pick up his wife, noting that
his hearing was advertised for 7:30 p.m. The Chairman told Mr. Torre that he may leave,
but that the hearing will continue. . Mr.Torre agreed to return after picking up Mrs. Torre.
8:12 - 8:23 p.m. Appl. No. 4722 - CHRIS and DENISE HATTON. Gary Flanner
Olsen, Esq. This is a request by the applicants-owners of the existing single-family dwelling
for approval of an Accessory Aoartment, by Special Exception as provided under Article lIlA,
Section 10Q-30A.2(Bl), and Article III, Section 100-31(B13) as an accessory to their principal
residence at 430 Grigonis Path, Southold, NY; County Parcel No. 1000-70-3-8; also
identified as Lot #8 on the Map of Harvest Homes Estates, Section I. Gary Flanner Olsen,
Esq. appeared with Rev. and Mrs. Hatton. (See written transcript prepared under separate
cover by part-time clerk, Lucy Farrell from tape recordings.)
8:23 - 8:43 p.m. (Continued from 5/20/99) Appl. No. 4674 - STEPHEN
FRIEDMANN. This is a request for a Variance under Article XXIV, Section 100-244B, based
upon the January 8, 1999 Notice of Disapproval which states that the proposed
addition/alteration to an existing dwelling is less than 25 feet for total combined side yards
at 2140 Deep Hole Drive, Mattituck; Parcel 1000-123-4-4.1. Builder Tom Ludlow was
present in behalf of the applicant. Mr. Tom Palmer, adjoining landowner, spoke against the
application. Mrs. Villano was also present and noted her objections were submitted in the
prior hearing record. After receiving testimony, the hearing was concluded. (See written
transcript prepared under separate cover by part-time clerk, Lucy Farrell.)
8:43 - 8:45 p.m. (Continued Hearing from 6/24/99): Appl. No. 4685 - VINCENT
TORRE. Artist gallery with retail sales requested in this A-C Agricultural-Conservation Zone
District at 100 Sound Avenue, Laurel; 1000-120-3-1. Mr. Torre was present and asked for a
postponement to the September 16, 1999 meeting, for a continuation because he needed
more time. RESOLUTION: Motion was made by Chairman Goehringer, seconded by Member
Dinizio, to GRANT applicant's request for a postponement, and continue the hearing on
September"'16, 1999. VOTE OF THE BOARD: AYES: Goehringer, Dinizio, Tortora, Collins,
Horning. This Resolution was duly adopted (5-0).
8:45 - 8:53 p.m. Appl. No. 4708 - LIEB CELLARS. This is a request for an
Interpretation under Article VIII, Section 100-83C which states: A project shall be divided
into separate structures so that no single structure shall have more than sixty (60) linear feet
Page 6 - Minutes
Meeting held July 22, 1999
Southold Town Board of Appeals
of frontage on one ( 1) street. Applicant proposes to construct a winery on this corner lot
with two road frontages (at intersection with Middle Road a/k/a c.R. 48) and requests the
Board to interpret whether or not the proposed winery building is required to have sixty (60)
linear feet of frontage on one (1) street or on two road frontages, as determined by the
Building Department's May 7, 1999 Notice of Disapproval. Site Address: 35 Cox Neck Lane,
Mattituck; Pa rcel 1000-121-6-1. Abigail A. Wickham, Esq. and Mark Lieb spoke in behalf of
the application. (See written transcript prepared under separate cover by part-time clerk,
Lucy Farrell from tape recordings.) After receiving testimony, the hearing was concluded.
8:53 - 9:28 p.m. Appl. No. 4723 - SOUTHAMPTON LUMBER. This is a requesrfor
a Variance under Article XXIV, Section 100-242G, in applicant's request for a lumberyard use
which was disapproved January 12, 1999 for the following reason:
"Whenever a nonconforming use of a building or premises has been
discontinued for a period of more than two (2) years or has been changed to
a higher classification or to a conforming use, nothing in this Article to the
contrary notwithstanding, the nonconforming use of such building or premises
shall no longer be permitted unless a variance therefor shall have been
granted by the Board of Appeals."
Location of Property: 13650 Main Road, Mattituck, NY; County Tax Map Parcel 1000-114-11-
24.3. Zone District: Hamlet Business. Stephen L. Ham III, Esq. and Mr. Merrill Becker
spoke in behalf of the application, with Mr. Stype, real estate appraiser-broker (sworn in by
the Chairman). Also speaking in favor of the application were: Kay Seagel of the Mattituck
Library, adjoining land owner and Mr. Ed Siegmann, resident of Mattituck. After receiving
testimony, motion was made by Chairman Goehringer, seconded by Member Collins, and
duly carried, to close the hearing. This Resolution was duly adopted (5-0).
POSTPONEMENT REQUESTED TO AUGUST REGULAR MEETING.
9:39 p.m. Appl. No. 4724 - JOEL AND MAXINE HIRSCH. Contract Vendees
(Owner: Barterama Corp., by Sheldon Hills) P. Moore, Esq. Applicants are requesting
Variances based on the June 14, 1999 Notice of Disapproval for a proposed single-family
dwelling with respect to: (a) insufficient setback from the top of the L. I. Sound bluff at less
than 100 feet at its closest point; (b) insufficient side yard at less than 20 feet on one side;
(c) insufficient total combined sides at less than 45 feet; (d) buildinq height up to 45 ft.
instead of the code limitation of 35 feet. Location of Property: North Side of Private Right-
of-Way (Private Road #11) extending off the North side of Sound Avenue, Mattituck; 1000-
112-1-12. (As of 7/1, await additional information regarding dimensions and style of height
area under consideration, and c1earing/flagging of new house location.) There were no
appearances in behalf of the applicants. The Chairman opened the hearing, and confirmed a
postponement was requested. The following Resolution was adopted:
---------_._-------~-_._--_._~----_.- ---------- --- ------ ---------- - ---------.------ ------,--
Page 7 - Minutes
Meeting held July 22, 1999
Southold Town Board of Appeals
Motion was made by Chairman Goehringer, seconded by Member Collins, and duly
carried, continue the hearing on August 18, 1999, as requested. This Resolution
was duly AOOPTED (5-0).
9:39 p.m. Appl. No. 4726 - T. ANGELL, by J.M.O. Environmental Consulting. This
is a request for a Variance under Article XXIII, Section 100-239.4B, based upon the June 9,
1999 Notice of Disapproval for a proposed deck addition for the reason that the deck is
--. proposed at less than 75 feet from the bulkhead at 305. Gull Pood Lane, Greenport; Parcel
1000-35-4-28.25; also known as Lot 10, Map of Fordham Acres, Section One. Mr. Glenn Just
of J.M.O. Environmental Consulting appeared in behalf of the applicant. After receiving
testimony, the hearing was concluded. (See written transcript prepared under separate cover
by part-time clerk, Lucy Farrell from tape recordings.)
9:43 p.m. (Continued Hearing from 6/24/99): Appl. No. 4710 - JOSEPH
FRAZZITTA. proposed accessory building at less than 75 feet from bulkhead at 1420 Inlet
Way, Southold. Patricia Moore, Esq. appeared in behalf of applicant. (See written transcript
prepared under separate cover by part-time clerk, Lucy Farrell.) After considering testimony,
the following Resolution was voted upon and defeated:
Motion offered by Member Collins, seconded by Member Horning, it was
RESOLVED, to authorize a rehearing in the Joseph Frazzitta previous decision, appl.
No. 4570.
VOTE OF THE BOARD: AYE: (None). NAYS: GOEHRINGER, DINIZIO, TORTORA,
COLLINS, AND HORNING. This Resolution was defeated (5-0).
Patricia Moore, Esq. asked the Board if they would make a decision regarding the
Rushin-Motley Matter while she was there.
III. DELIBERATIONS/DECISIONS: (These matters were carried over to the July 28,
1999 calendar due to the late hour.)
IV. RESOLUTIONS/CORRESPONDENCE/OTHER UPDATES:
A. Town Board Code Committee Meeting (none calendared as of today).
B. Inspection reminders (flagging or staking by 8/1).
,Page 8 - Minutes
Meeting held July 22, 1999
Southold Town Board of Appeals
C. Resolution: Motion was made by Chairman Goehringer, seconded by Member
Tortora, and duly carried, APPROVING the Minutes as prepared for the following
Meetings:
June 7, 1999 Special Meeting
June 24, 1999 Regular Meeting.
July 1, 1999 Special Meeting.
VOTE OF THE BOARD: AYES: GOEHRINGER, DINIZIO, TORTQRA, HORNING, AND
COLLINS. This Resolution was duly adopted (5-0).
D. Next Hearing Calendar confirmed: Wednesday, August 18, 1999.
E. Next Special Meeting: July 28, 1999.
F. Fishers Island Ferry Transportation confirmed: Wednesday, August 11 (10-4:30).
V. EXECUTIVE SESSION - None held.
* * *
Brief reviews of pending files and general discussions by Board Members followed.
No action was taken.
* * *
There being no other business properly coming before the Board at this time,
the Chairman declared the Meeting adjourned. The Meeting was adjourned at
approximately 10:45 p.m.
~e p.ectfully s~ubmitted,~ L .
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Board Secretijlry
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.APPEALS BOARD MEMBERS . ,(ff'.IL~-cc. .
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Gerard P. Goehringer, Chairman ,..I~ ::;e."''' 53095 Main Road
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James Dinizio, Jr, I'IC . '," P,O. Box 1179
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Lydia A. Tortora ~~. "" ,." Ii Southold, New York 11971
Lora S, Collins .'" o~ .. ~,f ZBA Fax (516) 765-9064
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George Horning ''OJ + i-~"p1" Telephone (516) 765-1809
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BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DEUBERATIONS AND DETERMINATION
MEETING OF JULY 22,1999
App!. No. 4710 - JOSEPH FRAZZITTA 1000-92-1-6
STREET & LOCALITY: 1420 Inlet Way, Southold
DATE OF PUBLIC HEARING: June 24, 1999 and July 22, 1999
FINDINGS OF FACT
BASIS OF APPUCATION: Applicant submitted an application to the Budding Inspector on May 27,
1999 for a permit to construct a deck with gazebo to be located 25 feet from the bulkhead, as
indicated on the survey map dated January 20, 1999 prepared by Warren A. Sambach, Sr., P.E.
The Building Inspector disapproved the application on May 27, 1999 stating that the "proposed
deck and gazebo being located on a lot in an R-40 Zone is required to have a setback 75 feet from
the bulkhead pursuant to Article XXIII, Section 100-239.4B. Proposed deck and gazebo located
+-25 feet (twenty five feet) from bulkhead as per plan dated January 20, 1999."
APPLICANT'S REOUEST: On May 27, 1999 applicant filed a variance application with the Zoning
Board of Appeals to locate a 14 ft. by 20 ft. deck with gazebo +-25 feet from a bulkhead, instead
of the code-required 75 foot minimum setback.
PROPERTY FACTS/DESCRIPTION: The applicant's property consists of 21,772 sq. ft. in area with
121.04 ft. frontage along Inlet (private) Way, 179.20 feet along the easterly property line, 256.34
feet along the westerly property line, and 100.39 feet along mean high water mark, near the lower
bulkhead. This lot is shown as Lot #97 on the 1927 Map of Cedar Beach. A single-family dwelling
exists at the premises situate 56.7 feet from the front property line.
.
1. On June 24, 1999 the Zoning Board of Appeals commenced a public hearing on the matter.
During the public healing, Board Members raised concern that the application before it was
identical in nature to a prior application (appeal), which was denied by the Board of Appeals.
2. Under the prior Appeal #4570, the Zoning Board of Appeals on June 11, 1998 denied
applicant's request to locate a 14 ft. by 20 ft. deck with gazebo at a setback from the bulkhead of
26 feet at its closest point. The Board granted Alternative Relief to locate the deck with gazebo to
be set back a minimum of 40 feet from the bulkhead at its closest point.
3. When asked at the June 24, 1999 publiC hearing if the gazebo-type deck was the identical
structure reviewed by the Board in the prior application, applicant's Attorney testified: "It's the
identical structure, but there's no further encroachment beyond the 25 feet."
4. The proposed variance request is approximately one-foot (25) feet greater than the 26-foot
variance denied by the Board on June 11, 1998 under Appeal #4570.
Page 2 - July 22, 1999 .,
,ZBAAppl. .No.4710 - Joseph Frazzitta
Parcell0QO-92- :):-6 at Southold
5. The June 24,1999 hearing was recessed to allow the Board to consult with the Town Attorney
and to further review the evidence submitted by the applicant, and to compare it with the prior
Appeal #4570.
6. The hearing was reconvened on July 22,1999 at which time the Zoning Board of Appeals
concluded that:
i1) The two applications are identical. The May 27, 1999 variance application to locate a 14
foot by 20 foot deck with gazebo at a setback from the bulkhead of +-25 feet at its closest
point is, identical to Appeql #4570, di:\t:d June 11, 1998,inwhich the : Zoning Bqarcl. of
Appeals denied applicant's request to locate the identical.14 ,ft. by 20 ft. gazebo with deck
at a setback from the bulkhead of 26 feet at its closest point.
b) In considering all testimony,documentatiOri,eVidence .submiti:ed by the applicant, and. on
. the, basis of all testimony and documentary evidence receiv~d and/or on file, that the
Zoning Board of Appeals finds that no new facts or changed circumstances had been
presented to warrant a NewHearing on this matter.
c) Thus, the application, Ap~1 No. 4710, is barred by the doctrine of res judicata.
7. At the applicant's request, immediately thereafter the following Resolution was offered:
Motion offered by Member Collins, seconded by Member Horning, to authorize a rehearing of
the Joseph Frazzitta matter, Appl. No. 4570.
VOTE OF THE BOARD: AYES: (none). NAYS: MEMBERS GOEHRINGER, DINIZIO, TORTORA"
COLLINS, AND HORNING. This Resolution was DEFEAT,ED