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Home My WebLink AboutZBA-04/05/1991 SPECAPPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Origonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (5 ! 6) 765- ! 809 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, APRIL 5, 1991 A Special Meeting was held by the Southold Town Board of Appeals on FRIDAY, APRIL 5, 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 were Town Attorney Harvey Arnoff and Board Secretary Linda Kowalski. WORK SESSION: files. 7:00 - 7:25 p.m. The Board reviewed pending PUBLIC HEARINGS: 7:27 p.m. A public hearing was held in the Matter of Appl. No. 4008 - TONY AND MARIE KOSTOULAS. Variance to construct addition with reduction of side yards and construction within 100 feet of L.I. SOund bluff at 1035 Aquaview Avenue, East Marion. (See transcript of hearing prepared under separate cover and filed herewith for reference.) 7:40 - 11:00 p.m. The public hearing in the Matter of Application No. 3970 - McDONALD'S CORPORATION continued. After extensive testimony and discussion, motion was made by Mr. Goehringer, seconded by Mr. Dinizio, and duly carried, to RECESS the hearing at this time. (See transcript of hearing for discussions and requests.) Appl. No. 3998. HENRY AND MARY RAYNOR. (Public Hearing was closed on March 22, 1991.) In reviewing the maD, the Board Page 2 Special Meeting - April 5, 1991 Southold Town Board of Appeals members indicated that they felt an up-to-date survey was necessary showing the amount of land underwater to determine the amount of relief under Section 100-239 of the Code in calculating density. Motion was made by Mr. Villa, seconded by Mr. Dinizio, and duly carried, to reopen the hearing, readvertising the same for April 30, 1991, in the above matter for the purposes of receiving an up-to-date survey showing the amount of square footage of land below the D.E.C. flagged area. This resolution was duly adopted. REQUEST FOR RECONSIDERATION: Appl. No. 3944 - ANTHONY J. MERCORELLA. The Board reviewed Mr. Mercorella's second request for reconsideration. It was noted that one of the reasons for requesting reconsideration is that a property owner to the north of Peconic Bay Boulevard (James Murray) constructed a similar sized garage, without a variance. Apparently, Mr. Murray was not referred to the Z.B.A. for a variance because his garage was located in the required rear yard, where Mr. Mercorella's garage was located in the front yard and it is normal for the Board to restrict size and height if an accessory building is not located according to the code requirement (rear yard). The Board Members indicated that they are not permitted by law to vary, modify or change its original decision without a new application. The decision rendered in the Board's July 11, 1990 conditional approval was limited to the building plan submitted for consideration by the Board at that time. Since then, the plans have been modified by the builder or owner, and a separate application is required either to lift the conditions of the board or to grant a variance for a different building. The Board also agreed to entertain a new application, with the appropriate $150.00 filing fee in the same manner of procedure as the first application (after public notice, hearing, etc.). APPROVAL OF MINUTES: Motion was made by Mr. Goehringer, seconded by Mr. Grigonis, to APPROVE the Minutes of the following Board Meetings: March 8, 1991 Special Meeting. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Dinizio and Villa. This resolution was duly adopted. Page 3 Special Meeting - April 5, 1991 Southold Town Board of Appeals 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 since a Long Environmental Assessment Form was voluntarily furnished by the applicant, the Board will review the same in time for the April 10, 1991 Special Meeting. At the April 10, 1991 Meeting, the calendar of hearings for April 30, 1991 will be confirmed by the Board and subsequently advertised. The Special Exception (Use Permit) application has tentatively been placed on the April 30, 1991 hearings calendar. NEXT MEETINGS: The following meeting dates were confirmed with the Board: Wednesday, April 10, 1991 - Special Meeting Tuesday, April 30, 1991 (instead of April 26) RULES OF CONDUCT AND PROCEDURE: The Board discussed the proposed Rules of Conduct and Procedure drafted by Confidential Secretary Linda Kowalski and presently under review by the Town Attorney's Office. Mrs. Kowalski indicated that she expected that the Town Attorney's Office will be commenting on the proposal within the next week or so, and suggested that the Board further consider adoption of rules at one of the next two Z.B.A. meetings. (These Rules of Conduct and Procedure would be a supplement to those adopted previously by the Z.B.A. in or about 1958.) REMINDERS FOR BOARD INSPECTION AND REVIEWS PRIOR TO ADVERTISING: LINDA FISCH~'i'±'£ - Special Exception and Variance applications for conversion of single-family dwelling to professional office use in this RO Zone. E/s Oaklawn Avenue, Southold. WILLIAM DELUCA - Area variances in proposed set-off division. 4845 Breakwater (Luthers) Road, Mattituck. JESSICA BAR_NARD - Garage in front yard at a height over 18 feet. 4240 Paradise Point Road, Southold. ARTHUR CARLSON - Amended Application for Interpretation under Special Exception (Production of Wine Products). Page 4 Special Meeting - April 5, 1991 Southold Town Board of Appeals (REMINDERS FOR BOARD INSPECTION & REVIEWS, continued:) MELVIN AND MOLLIE KURS - Addition with insufficient westerly (front) yard setback. 360 Miami Avenue, Peconic. Corner Lot, substandard. JULIUS RAGUSIN - Addition with excessive lot coverage and reduced rear yard. Substandard lot. 215 Hummel Avenue, Southold. CHARLES BLIEFELD - One-family dwelling located proposed with reduced front, side, total sides, and accessory building in side yard area. Orchard Lane (private), Southold. WILHELM FRANKEN - Conversion of existing dwelling structure to five dwelling units in the General Business Zone. 74650 Route 25, Greenport. CHARLES KREPP - Deck within 75 feet of water. 1235 Island View Avenue, Greenport. KEITH HARRIS - Garage addition at 265 Freeman Road, Mattituck. F. MENDELSON - East Side of Horton's Lane, Southold. Interpretation for parking and curb cut. (Await Notice of Disapproval) MICHAEL CHOLOWSKY. Special Exception for golf driving range and miniature golf activities in this residential zone district. E/s Horton's Lane, Southold. EXECUTIVE SESSION: Inland Homes v. Town of Southold. There being no other business properly coming before the board, and due to the lateness of the meeting, the meeting was adjourned. The remaining items on tonight's agenda will be carried over to the April 10, 1991 Special Meeting. The meeting adjourned at 11:30 o'clock p.m. Respectfully submitted, ~ THE SOUTHOLD TO~:~N Town Clerk, Town o~ Scutkold