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Home My WebLink About11/2010ZONING BOARD OF APPEALS Town Ha]~ Annex. 54375 Route 25 P.O. Box 1179 Southold. New York 11971'0959 Fax (631) 765-9064 Telephone (63t) 765-1509 TO: FROM: RE: DATE: 1. 1I. III. Elizabeth Neville, Town Clerk (for Distribution to Supervisor Russell and Town Board Members) Leslie Kanes Weisman, ZBA Chairperson/Department Head COMBINED MONTHLY DEPARTMENT HEAD AND NEW APPLICATIONS/FEES REPORT for: November, 2010 December 9, 2010 Requires Immediate Attention: Carp/over: Voting from Fishers island via Videoconferencing At the October 5TM TB work sessiOn, instructions were given to Systems Administrator Lloyd Reisenberg to proceed with the installation of videoconfErencing equipment on Fishers Island and in the Meeting Hall in Southold Town tlall, to be followed up with installation in the first floor annex conference room where ZBA evening Special Meetings will be held in 2011. To date the ZBA Chairperson is unaware of progress on this project and respectfully requests follow up from the Town Board Items of Concern: Carryover: Workplace Violence/Harassment On November 23, 2010 the Chairperson and Board Assistant Vicki Tnth met with Building Department ttead Mike Verity and Workplace Safety Committee members JennifEr Andaloro, Phillip Beltz and Jamie Richter, who presented floor plans and three options protx~sed to improve workplace safety Ibr employees in the ZBA office. Option one involved the installation of a direct phone line or intercom from the Building Department counter to the ZBA office so that the rear fire door could remain closed to the public and ZBA staff could come to the counter to assist people as needed. Option two involved the installation of a Dutch door in the back hallway which is currently used by the public to access thc ZBA office, along with a phone or intercom. Both options offer a necessary second form of egress to ZBA staffwhen faced with threatening behavior from applicants or the public. Option three involved changing the location of the ZBA office to space currently used by the Building Department. The ZBA staffand Chairpers~m support either option one or two but rQect option three since it would be disruptive to our office workflow and would result in a net loss of square footage which is already inadequate for our needs. The Chairperson and staffthank the committee members and the Town Board for their proactive help in moving forward with addressing this important issue and await your final decision as to how improving security in our workplace while be implemented. Board and Office Policies and Practices: New language added to instructions on Special Exception Permits for Accessory Apartments in Accessory Structures Owners of principal dwellings requesting a Special Exception permit to create or legalize an accessory apartment in an accessory structure must. by code, reside in IV. either the principal dwelling or accessory apartment as their primary full time residence. Moreover, the tenant must be either a family member or qualify on the Town's Affordable Housing Registry. To avoid having to swear in property owners at a public hearing to testify under oath to confwm any/all of these requirements, the Chairperson contacted the Town Attorney's Office and the Assessors Office to determine forms of documentation that would be deemed acceptable for these purposes. As a result, the following language has been added to the ZBA instructions to applicants on the SE application form: 4. The owner must reside in the principal dwelling or the accessory building after the Accessory Apartment is established, and will provide two forms ofdocumented proof of full time occupancy which may include a copy ora voter registration, NYS tax return, utility bills, driver's license, and/or a no 'tarized affidavit by property owner. If rental is to a family member, documented proof of relationship shall be provided which shall be either a birth or marriage certificate or a notarized affidavit by property owner. Relief from SE Code Standards on applications for Accessory Apartments in Accessory Structures To date the Board has heard three Special Exception Permit applications requesting accessory apartments in accessory structures; (one was denied; one withdrawn by the applicant after a public hearing; and one was closed on Dec 2, 2010 for deliberations/decision on Dec.14, 2010). All throe were as built applications. Recently, NYS case taw established a precedent whereby Zoning Boards may vary Special Exception standards, but only relative to area variance criteria. (At the request of the Chairperson, the scope of the ZBA's jurisdiction was clarified for the Board by Assr TA Andaloro and through a follow up written memorandum from Special Coansel Frank Islet, Esq.). For example, the Board cannot grant relief from the code required date (on/before Jan 1, 2008) by which an accessory structure must have been built and lawfully exist with a CO or Pre-CO or be eligible for same. Similarly, the Board recently upheld tile Town code requirement that an accessory apartment in an accessory structare be located on one floor, based upon the clear intent of the law to permit accessory apartments that are accessory to another use such as a garage storage, or barn (see ZBA decision #6419 Conlon). To do otherwise would be to sanction thc legalization of two story second dwellings on residential properties, which should require a use variance. However, based upon area variance standards, the ZBA can grant relief if an applicant prolx~ses to create an accessory apartment that is 758 sq. ft. where the code permits a maximum of 750 sq. ft. in an accessory structure Thc Chairperson will continue to keep the TB appraised of these new applications relative to the functioning of the new' Town code. Financial/Budget Issues: Increases in ZBA Fees The Chairpcrsou m~d Vice Chairperson presented a second draft proposal to increase ZBA fees to the 'gown Board during the Nov. 16, 2010 work session, based upon review and modification 1¥om the members of the Code Committee on Nov. 9, 2010. Subsequently, the Asst. TA has been charged by the TB with preparing a local law draft resolution for public heating. The Chairperson thanks the Supervisor and members of thc Town Board for taking action on this long overdue matter. Hirin~ an Environmental Consultant At the Nov. 16. 2010 Town Board work session, the Chairperson and Vice Chairperson requested the allocation of funds to permit the ZBA to him an independent environmental consultant relative to a specific application before the Board and submitted two quotes as required. That ZBA thanks the Town Board for approving our request, on an as needed basis. Subsequently, the Chairperson has talked to Trustees Jill Doherty and Jim King and LWRP Coordinator Mark Terry to coordinate flagging wetlands with the DEC and will keep the TB informed as to progress. Personnel Matters: Part Time Data Entry Staff On Nov. 10~ 2010 the Chairperson and office staff interviewed candidate Jillian Reeser from the Department of Labor to fill the position of part time data entry employee to assist the ZBA with legacy data entry. Unfortunately she lacked basic computer skills and the hours that childcare is available to her did not coincide with Town office hours. Therefore we have requested that the DOL send us other possible candidates for this position, as available. VI. Activities of the Board/Accomplishments: Regular Meeting: None in November Next Regular Meeting: December 2, 2010 Special Meeting: Date: Nov. 16, 2010 Call to Order: 5:10 PM, Adjourned: 6:40 PM Number of aasigned dratt findings discussed: 8 Number of decisions made: 7 Number of Resolutions passed: 9 Meetings attended/initiated by ZBA Chairperson/Departmenl Head · 11/09- Asst TA re: applications before the Board/litigation/ZBA consultant ,, 11/09- Code Committee re proposal to increase ZBA fees ,, 11/10 - Interview with Jillian Reeser ti'om DOL re part time data entry position · 11/10 - GIS User Needs Assessment Grant mtg. w/Depar~ent [leads · 11/10 - Snpervisor Russell re: ZBA personnel ,, t 1/16 - TB work session w/Jerry Goehringer re ZBA fees and hiring an environmental consultant · ll/17-ZBA staffmeetingw/Chairperson · t 1/17 - Mtg w/Trustees Office re joint application and ZBA env. consultant I 1/17 - Asst TA re: applications belbre the Board/ZBA consultant · 11/18 - EPA Management Seminar · 11/23 - Special Events Cmt. first meeting ,, i 1/23 - Mtg with property owner and Jerry Goehringcr re clarification of decision rendered by ZBA · 11/23 - Workplace Safety Cmt members and Building Dept Head · 11/24 - Mtg w/ZBA staff, Chairperson and consultant irbr GIS User Needs Assessment grant 3 Staff Activities Number of people assisted at the counter: 35 hours spent assisting: 9 hrs. (Assistance includes filling out new applicathms, mailings and postings, providing copies of decisions, FOIL requests and other materials, and general inquiries~ Meetings attended by ZBA staff · 1110 - Vicki Toth and Lucille Cappabianca w/Chairperson re: Interview w/th Jillian Reeser from DOL re part time data entry position · 11/10 - VT attended the GIS User Needs Assessment Grant mtg. w/Department Heads · 11/17 - VT, and LC attended staff meeting w/Chairperson/Dept. Head · 11/18 - VT attended EPA Management Seminar · 11/24 - VT and L ~ re mtg w/Chairperson and consultant for GIS User Needs Assessment grant VI. MONTHLY REPORT ON NEW APPLICATIONS AND FEES Total Applications Received for the month of November, 2010: 7 Total Fees Collected in November, 2010: $3,800.00 Respec~ally Sub~.mitt~d Leslie Kanes Weisman Chairperson/Department Head 4