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HomeMy WebLinkAboutZBA-03/08/1991 SPECAPPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jn Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 MINUTES SPECIAL MEETING FRIDAY, MARCH 8, 1991 A Regular Meeting was held by the Southold Town Board of Appeals on FRIDAY, MARCH 8, 1991, commencing at 7:00 o'clock p.m. at the Southold Town Hall, Main Road, Southold, New York. Present were: Gerard P. Goehringer, Chairman; Member Serge J. Doyen, Member Charles Grigonis, Member James Dinizio, Jr., and Member Robert A. Villa, consisting of all five members. Also present was Board Secretary Linda Kowalski. The Chairman opened the meeting at 7:00 p.m. and proceeded with the first agenda item, as follows: Appl. No. 4001. DELIBERATIONS/DECISION. Upon application of PAUL AND KATHLEEN FORESTERI. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 and Article XXIV, Section 100-244, for confirmation or recognition of lot for the purposes of obtaining, in the future, a building permit for a single-family dwelling in accordance with the zoning code set-back regulations. This vacant parcel is nonconforming as to lot area in this R-40 Zone District. Location of Property: East Side of Paradise Shores Road, located approximately 1250 feet from the north side of Bayview Road, Southold, NY; County Tax Map Designation 1000-80-01-024.001. WHEREAS, a public hearing was held on February 22, 1991; and Page 2 - Appl. No. 4001 Matter of PAUL AND KATHLEEN FORESTERI Decision Rendered March 8, 1991 WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, the surrounding areas; and and WHEREAS, the Board made the following Findings of Fact: 1. By this application, appellants are appealing to seek: (a) a determination under the Zoning Code, determining that the subject premises complies with the applicable lot area, width and depth regulations of the zoning code as applies in this zone district for a residence, and/or: (b) a Variance under Article IIIA, Section 100-30A.3, Article XXIV, Section 100-244, for approval of the lot area, width and depth which may be necessary in this R-40 Zone District. 2. The premises in question is identified on the Suffolk County Tax Maps as No. 1000-80-1-24.1 and is located along the easterly side of Paradise Shore Road (identified as No. 1000- 80-1-20.1), Hamlet and Town of Southold. 3. It is noted for the record that : (a) the subject lot was acquired by Paul and Kathleen Foresteri by deed at Liber 9705 page 49 on December 24, 1984; (b) a certification of the chain of title for this parcel and all adjoining parcels since prior to 1957 has been made a part of the record dated November 7, 1990 together with copies of the prior deeds; (c) the subject lot was the subject of a prior decision of the Board of Appeals on September 14, 1967 under Appeal No. 1137, which approved the set-off of the center 100 ft. wide parcel from the two remaining tracts {also previously of the Axien Estate} during the period of the 12,500 sq. ft. lot area requirement. This variance has not been withdrawn or invalidated and is still in full force and effect. 4. The survey submitted under this application shows 90.94 ft. (lot width) frontage along Paradise Shores Road, a depth of 136 feet, for a total lot area of approximately 12,370 sq. ft. with Page 3 - Appl. No. 4001 Matter of PAUL AND KATHLEEN FO~ESTERI Decision Rendered March 8, 1991 5. It is the position of this board that sufficient proof has been demonstrated showing clear intent for the past 23 years, or more, to continue the single-and-separate ownership of the subject parcel. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Villa, it was RESOLVED, that the parcel which is currently identified on the Suffolk County Tax Maps as No. 1000-80-1-24.1 (or 24), now or formerly of Paul J. and Kathleen'L. Foresteri, be and hereby is CONFIRMED to be recognized for single-family dwelling use, subject to all setback, bulk schedule and other zoning requirements applicable under the zoning code, and County Health Department and other agency approvals required at the time of submission of an application for a building permit (with the exception of lot size). Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Dinizio, Villa and Goehringer. This resolution was duly adopted. -4- ACTION OF THE BOARD OF APPEALS Appl. No. 3997. Upon Application of MITCHELL A. MARKS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A for approval of accessory swimming pool, deck and fence construction with a set-back at less than the required 100 feet from the top of the bluff on along the Long Island Sound. Premises is zoned R-80 Residential and is located at 29829 Main Road, Orient, NY; County Tax Map Parcel No. 1000-14-2-1.6. WHEREAS, a public hearing was held on February 22, 1991; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an application for a Variance under Article XXIII, Section 100-239.4A for approval of an accessory inground swimmingpool with deck and fencing all as shown on the sketched photocopy (which appears to be a part of a survey) submitted under this application. The set-back at the closest point to the top of the sound bluff for the deck around the pool appears to be at 76+- feet (but not less than 75 feet). A new dwelling was constructed under Permit No. 16851 issued March 22, 1988 (although the pool structure apparently was built by a contractor for the landowner without a building permit for the same.) The applicant indicates that the actual pool structure is situated approximately 86 feet from the sound bluff at its closest point, and was placed in a vertical position rather than horizontally. 2. Article XXIII, Section 100-239.4A of the Zoning Code requires all buildings and structures located on lots upon which there exists a bluff or bank landward of the shore or beach of shall be set back not less than one hundred (100) feet from the top of such bluff or bank. top of the bluff at its closest point. 4. It is the position of this Board that in considering this application: (a) the relief, as noted below, is not substantial in relation to similar structure existing within the irmmediate area; (b) the grant of the requested relief will not alter the essential character of the neighborhood; (c) the difficulties are uniquely related to the property and are not personal in nature; (d) the amount of relief requested will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (e) in view of all the above, the interests of justice will be served by granting relief, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Villa, it was RESOLVED, to GRANT a variance for the location of an accessory inground swimmingpool with decks and fence enclosure as applied in the Matter of MITCHELL MARKS under Appl. No. 3997, with the setbacks as more particularly described in para- graph 1, supra, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the pool structures remain unroofed; 2. That the pool and deck structure not be physicially linked to the dwelling at any time (must be detached); 3. That the grade of the area within 100 feet of the bluff not be altered (except that the storm basins may be placed to deflect water runoff). Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Goehringer, Dinizio and Villa. This resolution was duly adopted. Page 5 - Appl. No. 3997 Matter of MITCHELL MARKS Decision Rendered March 8, 1991 ACTION OF THE BOARD OF APPEALS Appl. No. 4000. Upon Application of SALVATORE AND JEANNE CATAPANO. Variance for Approval of Access in accordance with New York Town Law, Section 280-A over a private right-of-way beginning at a point 514.73 feet from the southerly side of S.R. 25 (Main Road), along the easterly side of South Harbor Road, and extending in an easterly direction 431.56 feet to Lot #2 of the pending Minor Subdivision of the applicants conditionally approved by the Planning Board on March 26, 1990o County Tax Map Designations of the subject Right-of-Way and Lot #2 are: 1000-69-6-9.3 and part of 27. WHEREAS, a public hearing was held on February 22, 1991 in the Matter of the Application of SALVATORE AND JEANNE CATAPANO under Appl. No. 4000; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an Application for Approval of Access pursuant to New York Town Law, Section 280A, over a private right-of-way extending in an easterly direction 431.56 feet to proposed subdivision Lot No. 2. The subject minor subdivision on June 4, 1990 received conditional sketch approval on the map dated March 26, 1990. 2. The lot to which access is requested is presently vacant. This application does not reflect a formal request for access to any other lots in this vicinity, and this determination is made on the basis of providing access for one additional (new) dwelling. -7- 3. Applicant is proposing to widen the present 20-ft. width to 25 feet in width and to pave the right-of-way with 3/4-inch blue stone to a depth of 2-4 inches over the existing bank run stone (concrete blend). 4. It is noted for the record that the applicant has fur- nished proof of an easement and right-of-way agreement dated November 20, 1990 concerning access over lands presently owned by Michele Beinert. In considering this application, the Board finds: (a) that the relief requested is necessary; (b) the grant of the relief requested will not cause a substantial effect or detriment to adjoining properties; (c) the circumstances of this appeal are unique to the property; (d) the practical difficulties are sufficient; (e) there is no other method feasible for appellant to pursue, other than a variance; (f) in view of the manner in which the difficulties arose and in considering all the above factors, the interests of justice will be served by granting a conditional variance, as noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to GRANT approval of access to the subject lot known and referred to as proposed Lot #2 on the Minor Subdivision Map of Salvatore and Jeanne Catapano, shown on the subdivision map prepared by Roderick Van Tuyl, P.C. (File #2921-6), SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the entire length of the right-of-way be cleared to a minimum width of 25 feet and clearance height of at least 14 feet; 2. That the entire length of the right-of-way be continuously maintained, as proposed, with 3/4-inch blue stone to a depth of 2-4 inches over the existing bank run stone (concrete blend); 3. That the right-of-way be continuously maintained in good condition (at all times). 4. Should there by any depressions that may occur in the future and require drainage, all drainage of water must remain on site (for proper drainage and containment, and if necessary in leeching basins). 5. That the improvements required herein may be constructed -8- at any time up until and before the issuance of a Certificate of Occupancy for either newly proposed dwelling structure. Vote of the Board: Ayes Messrs. Goehringer, Grigonis, Doyen, Dinizio and Villa. This resolution was duly adopted. -9- DELIBERATIONS/DECISION: ACTION OF THE BOARD OF APPEALS Appeal No. 4004: Application of DAVID J. VERITY. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.4 for permission to locate accessory (garage and shed) buildings in areas other than the required rear yard. Location of Property: 1673 Right-of- Way located off the easterly side of Rocky Point Road, East Marion, NY; County Tax Map Parcel No. 1000-31-02-010.002. W~EREAS, a public hearing was held on February 22, 1991, at which time all those who desired to be heard were heard, and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, the surrounding areas; and and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the easterly side of Rocky Point Road, East Marion, Town of Southold, and is referred to as Lot 3 on the Minor subdivision Map for Kimon and Woodene Retzos. 2. The subject premises contains a total lot area of 40,000 square feet and is improved with a 16.6 ft x 29 ft. nonhabitable garage structure and unhabitable 8.2 ft. x 16.2 ft. storage shed. At the present time, no dwelling exists on this lot, although a previous building permit (#15834) was issued for a new dwelling but has since expired. -10- Appl. No. 4004 Matter of DAVID J. VERITY Decision Rendered March 8, 1991 3. The accessory storage buildings, which are both the subject of this appeal application, are located 7.1 feet and 35.3 feet respectively from the westerly property line, and more particularly shown on the survey updated March 28, 1990 prepared by Peconic Surveyors. 4. Article III-A, Section 100-30A.4 from the R-40 District provisions of the Zoning Code allows accessory buildings to be located in the required rear yard area, but does not provide for accessory buildings to be located in any other yard area. This provision also did require accessory buildings to be set back not less than 20 feet from any lot line at the time of the filing of this application; however, this provision was amended by Local Law #2-1991 (effective 3/2/91) requiring not less than 10 feet from any lot line, for lots containing from 40,000 to 79,999 sq. ft. in area. 5. It is the position of the board that the location requested is not unreasonable and it that area which would normally be deemed a rear yard if a new principal dwelling structure were located as required by code (similar to that applied for under Permit No. 15834Z, which has since expired). Also, there is no alternative location to place the accessory building in any other yard area at this time without a variance. 6. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the land and are not personal to the landowner; (b) that there is no other method feasible for appellants to pursue other than a variance; (c) that the area chosen for the accessory structure 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 and conditionally noted below. -11- Appl. No. 4004 Matter of DAVID J. VERITY Decision Rendered March 8, 1991 Accordingly, on motion by Mr. Grigonis, seconded by Mr. Doyen, it was RESOLVED, to GRANT a Variance in the Matter of the Application of DAVID J. VERITY as applied under Appeal No. 4004 for the placement of the accessory buildings, as applied and SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the accessory buildings remain in their present position; 2. That the subject accessory buildings not be relocated (except in the required rear yard), converted or increased in size and as an accessory building not be used for habitable, sleeping or business purposes; 3. That there be no plumbing and no electrical facilities; 4. That the accessory buildings be used for accessory storage purposes only. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Dinizio and Villa, consisting of the entire board. This resolution was duly adopted APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. ~o~S DinizJo, ~r~ err ¥1 a Telephone (516) 765-1809 -12- BOARD OF APPEALS TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor S.E.Q.R.A. ~IPE II ACTION DECLA1RATION Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Ma'rch 8-,-199-1' Appeal No. 4009 Project/Applicants: Alex H0mayuni and 0rs. County Tax Map No. 1000-I35-2-22 Location of Project: 22195 S0undview Avenue, S0uth0]d, NY Construction will exceed permitted lot coverage. Building non-conforming and has non-conforming use Relief Requested/Jurisdiction Before This Board in this Project: This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. EnviroD-mental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An EnviroD_mental Assessment (Mhort) Form has been submitted with the subject aPPlication indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of ~rpe II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, N~f 11971 at (516) 765-1809. tr APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. ~anles Dinizio~ ~r. oDert V]Jla Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD S.E.Q.R.A. March TYPE II ACTION DECLARATION 8, 1991- ScoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appeal No. 4008 Project/Applicants: Tony and Marie County Tax Map No. 1000-21-2-13 Location of Project: 1035 Aquaview Kostoulas Avenue, East Marion, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct addition insufficient side yard and ]ess than 100 ft. of bluff. This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment {Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. tm APPEALS BOARD MEMBERS Gerard P. Goehringer. Chairman Charles Grigonis, Jr. Serge Doyen, Jr. ~mes Dinizio. Jr. obert Villa Telephone (516) 765-1809 -14- BOARD OF APPEALS TOWN OF SOUTHOLD 7March 8', 1-9911 S.E.Q.R.A. TYPE II ACTION DECLARATION SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appeal No. 4007 Project/Applicants: County Tax Map No. Location of Project: John and Jacquelyn Garry 1000- 10608-48 1285 Breakwater Road, Mattituck, NY Relief Requested/Jurisdiction Before This Board in this Project: Gazebo in front yard rather than required rear yard. This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment {Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Robert g. Villa James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 S.E.,O..m.A. TYPE II ACTION DECLARATION March 8, 1991 Appeal No. 4013 Project/Applicants: Carmine County Tax Map No. 1000- Location of Project: S]enn & Venusta Carnevale 78-2-7 Road, Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: Action to confirm lot is exempt from lot area, width and depth This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law 944-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc -16- PUBLIC HEARING was held commencing at 7:30 p.m. in the Matter of Appl. No. 3970 - McDONALD'S CORPORATION for the requested Special Exception with drive-thru window service. Extensive testimony was taken for approximately 3-1/2 hours, and recessed for a continuation on April 5, 1991, commencing at 7:30 p.m. CONFIRMATION OF HEARINGS CALENDAR FOR MARCH 22, 1991 to be held at the Southold Town Hall, Main Road, Southold, New York, by the Board of Appeals on FRIDAY, MARCH 22, 1991 commencing at 7:30 p.m.: Appl. Appl. Appl. Appl. Appl. Appl. Appl. Appl. Appl. No. 4008 - Tony and Marie Kostoulas No. 4006 - Eric and Mary Ann Alexander (recessed from 2/22) No. 3988 - Antonio Vangi (recessed from 11/29/90) No. 4013 - Carmine and Venusta Carnevale No. 3998 - Henry and Mary Raynor No. 4005 - Thomas Kelly and Nancy Iannicelli (continued from 2/22/91) No. 4007 - John F. Garry No. 4009- Alex Homayuni, Charles Kapotes and Others. No. 3981 - Phyllis Rayne Byer. ENVIRONMENTAL DECLARATIONS: On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to declare Type II Actions on each of the following applications: Appl. Appl. Appl. Appl. No. 4009 - ALEX HOMAYUNI and C. KAPOTES No. 4007 - JOHN F. GARRY No. 4008 No. 4013 - CARMINE AND VENUSTA CARNEVALE (Declaration forms shown on next four pages) Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Dinizio and Villa. This resolution was duly adopted. APPROVAL OF MINUTES: seconded by Mr. Grigonis, following Board Meetings: Motion was made by Mr. Goehringer, to APPROVE the Minutes of the -17- APPROVAL OF MINUTES, continued: January 11, 1991 Regular Meeting February 1, 1991 Special Meeting. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Dinizio and villa. This resolution was duly adopted. BOARD REVIEW: MATTER OF THE APPLICATION of CELLULAR TELEPHONE CO. d/b/a METRO ONE (Special Exception application was submitted on February 22, 1991 for review and processing). The Board Members indicated that the use of the proposed telecommunications systems in the LB zone as proposed by the application does not appear to be the intent of the special exception use provided for the AC and LB zones. The application does not indicate whether the applicant is a public utility for this area, whether the applicant is conducting this telecommunications system as a business or other non-profit. The Board also was brought up-to-date on recent in-office communications concerning the need possibly for an interpretation or variance on the height of the principal use structure. The Board authorized and approved the following response (dated March 4, 1991) to the attorney for the applicant, as follows: Dear Mr. Moore: This letter will acknowledge review of your recent Special Exception application left with our office on February 22, 1991. It is our understanding that you do not wish to file the Special Exception application if there is a need for a variance concerning the height of the principal antenna building, which is at approximately 104 feet above average ground level, and that you are in the process of requesting a determination or Notice of Disapproval from the Building Inspector, which has not been furnished with the Special Exception documents. Pursuant to Article XXVI, Section 100-262 of the zoning code, we are returning your Special Exception application forms requesting telecommunications building (antenna) and change of principal use to permit telecommunications for the following reasons: a) Telecommunications is not a use permitted in the Limited Business or Agricultural-Conservation Zone Districts -18- BOARD REVIEW: MATTER OF THE APPLICATION of CELLULAR TELEPHONE CO. d/b/a METRO ONE, continued: (see Light-Industrial-Park/Planned Office Park LIO Zone District regulations); b) a written determination by way of a Notice of Disapproval from the Building Inspector concerning conformance or nonconformance with the zoning code has not been furnished as required in the filing of applications to the Board of Appeals, for either a Special Exception or Variance (please see instructions sheet with ZBA form packet and Article XXVI, Section 100-262A); c) a Notice of Disclosure for the applicant-corporations must be provided; d) a Consent from the property owner authorizing the applicant-corporation(s) to file the subject application must be provided. It was noted that the applicant may re-submit the appropriate applications as he deems appropriate, and which is under proper jurisdiction of this Board. BOARD REVIEW: Application for Interpretation and Variance Re: CLIFFSIDE/TIDEMARK. The Board Members indicated they have reviewed this new application, and deems the application as delivered incomplete. Motion was made by Mr. Dinizio, seconded by Mr. Goehringer, to authorize and send the following response to the applicant's attorney in this regard: "Dear Mr. Haefeli: This letter will confirm that the Board of Appeals has reviewed your recent application and has deemed this application, as delivered, incomplete for the following reasons: 1) Article XXVI, Section 100-7271 of the Zoning Code dictates authority to the Board of Appeals for ...A. Appeals: to hear and decide appeals from and review any order, requirement, decision or determination made by the Building Inspector; B. Variances: Where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of these regulations, the Board of Appeals shall have the power to vary or modify the application... BOARD REVIEW: Application for Interpretation and Variance Re: CLIFFSIDE/TIDEMARK. ... D. Interpretations: on appeal from an order, decision, or determination of an administrative officer or on request of any town officer, board or agency, to decide any of the following: 1) determine the meaning of any provision of the (zoning code) this chapter or of any condition or requirement specified or made under the provisions; 2) determine the exact location of any district boundary shown on the Zoning Map... Without an order, decision or determination of an administrative officer based upon a different, new application to him for consideration and the appropriate Article and Section of the Zoning Code under which this ZBA application is being made, the Board of Appeals is without authority. 2) The application rider, paragraph two, states that the "Building Inspector has refused to permit the applicant to file amended building plans showing kitchenettes .... " If the building inspector has refused to permit you to file amended building plans, then it is apparent that there has been no determination by the building inspector in which you could base this appeal. 3) It is also the Board's understanding that a building permit has been issued and construction on this project is continuing. Please note that the kitchenettes were not requested under the previous Special Exception of the Board of Appeals, and the building permit has been issued based upon this fact. The application therefore must be returned at this time .... " Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Dinizio and Villa. This resolution was duly adopted. -20- NEXT MEETINGS: The following meeting dates were confirmed with the Board: Friday, March 22, 1991 Friday, April 5, 1991 Tuesday, April 30, 1991 (instead of April 26) There being no other business properly coming before this board, and due to the lateness of the meeting, the meeting was adjourned. The meeting adjourned at 11:30 o'clock p.m. Respectfully submitted, Approved - A~ril~ 5 ,~ Linda F. Kowalski RECEIVED AND FILED BY TIIE SOUTtt(LLD To~ Oerk, T ~ : ld