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HomeMy WebLinkAboutZBA-05/23/1991 SPECAPPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Origonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (5 ! 6) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES SPECIAL MEETING THURSDAY, MAY 23, 1991 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 A Special Meeting was held by the Southold Town Board of Appeals at the Southold Town Hall, 53095 Main Road, Southold, New York, on THURSDAY, MAY 23, 1991 commencing at 7:55 p.m. I. Board Members present were: Gerard P. Goehringer, Chairman, and Members James Dinizio, Jr. and Robert A. Villa. Board Members absent were: Serge Doyen (due to illness) Charles Grigonis and Serge Doyen (due to illness). Also present was Board Secretary Linda Kowalski. I. Motion was made by Member Villa, seconded by Member Dinizio, and duly carried, to conclude the written portions of the following matters: A) Appl. No. 4015 - MELVIN AND MOLLIE KURS. Variance to the Zoning Ordinance, Article XXIV, Section 100-239.4A, Section 100-244B, for permission to construct addition with an insufficient frontyard setback from the westerly property line, over existing patio. Location of Property: 360 Miami Avenue, Peconic, NY; County Tax Map District 1000, Section 67, Block 06, Lot 016. B) Appl. No. 3988 - ANTONIO VANGI. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Article XXIII, Section 100-239.4A for permission to construct addition with a setback of less than 100 feet from the top of the bluff along the Long Island Sound and with reduced side yard at 5.8 feet at its closest point. The lot area and width are nonconforming in this R-40 Zone District. Location of Property: 645 Glen Court, Cutchogue; County Tax Map No. 1000-83-1-17. C) Appl. No. 3998 - HENRY AND MARY RAYNOR. (Current Owners: Mr. and Mrs. Albert Mastropaolo). Variances: (1) for approval of access as required by New York Town Law, Section 280A over private right-of-way extending off the north side of Peconic Bay Boulevard, Laurel, to premises identified as County Page 2 - Minutes May 23, 1991 Special Meeting Southold Town Board of Appeals Tax Map Designation 1000-126-04-1, 2, 5; and (2) to the Zoning Ordinance, Article IIIA, Section 100-30A.3, requesting relief under the bulk area requirements of the proposed northerly parcel of 30,162 sq. ft. and the proposed southeasterly parcel of 27,062 sq. ft. The subject land is located in the R-40 Zone District, and is also shown on the "Map of A.L. Downs" as Lots No. 24, 25, 26, 27, 28, 29, 30. Containing a total combined area of 1.43+- acres. D) Appl. No. 4012 - WILLIAM AND VIOLA DELUCA. Variances to the Zoning Ordinance, Article III, Section 100-32 for approval of insufficient lot area, depth and width of two parcels in this proposed division of land located along the west side of Luthers (Breakwater) Road, Mattituck; County Tax Map No. 1000-99-2-18. This resolution was duly adopted. II. DELIBERATIONS/DECISIONS as follow: Matters of MELVIN & MOLLIE KURS and ANTONIO VANGI, continued on following pages. Page 3 - Minutes May 23, 1991 Special Meeting Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS Appeal No. 4015: Application for MELVIN AND MOLLIE KURS. Variance to the Zoning Ordinance, Article XXIV, Section 100-2239.4A, Section 100-244B for permission to construct addition with an insufficient frontyard setback from the westerly property line, over existing patio. Location of Property: 360 Miami Avenue, Peconic, NY; CountyTax Map District 1000, Section 67, Block 6, Lot 016. WHEREAS, a public hearing was held on April 30, 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, 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. The premises in question: (a) is known and referred to as 360 Miami Avenue in the Hamlet of Peconic, Town of Southold, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 67, Block 6, Lot 016; (b) is presently improved with a single-family, two-story dwelling structure with brick patio, all as more particularly shown on the January 29, 1981 survey prepared by Roderick VanTuyl, P.C.; Page 4 - Minutes May 23, 1991 Special Meeting Southold Town Board of Appeals (c) is rectangular in shape, having 48.4 ft. frontage along the north side of "Miami Avenue" (a private road), and having 140.4 ft. frontage along the easterly side of a paper (unopened, untraveled) road referred to as "Sound View Avenue"; (d) is nonconforming as to lot area, width and depth in this R-40 Zone District. The dwelling structure is shown to be situated 50.0 feet from the southerly property line and 16+- ~eet from the westerly (front) property line. 2. By this application, appellants request a variance for a 14' by 25' addition along the westerly side of the existing dwelling structure which would reduce the (front yard) setback from 16 to two feet. 3. Although "Sound View Avenue" is shown on the "Map of Bailey Park" filed as Map No. 1097 in the Suffolk County Clerk's Office, the street is not improved, has never been used as a ~gad and appears to be merely a "right-of-way easement of · ecord." In the event the street were abandoned or removed from the subdivision records, the westerly property line could then b~ referred to as the side property line rather than a front property line. The requirements for a side yard setback are less than that for a front yard requirement. 4. For the record it is noted that the dwelling was the subject of a prior appeal under Appl. No. 2655 rendered Janu- ary 22, 1980 for a setback from the westerly (front) property line at 16 feet and 280-a access approval over Miami Avenue. 5. In considering this application, the Board also finds that the relief as requested is substantial in relation to the requirements and is not the mimimum necessary to afford relief. Therefore, alternative relief for a setback at not less than six feet from the westerly property line was offered, and granted, with the following findings: (a) that the relief, as alternatively granted, will not be adverse to the essential character of the neighborhood; (b) that the relief, as alternatively granted, will not in turn adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring p~operties; (c) that the relief, as alternatively granted, will not to be an increase dwelling unit density or to cause a substantial effect on available governmental facilities; Page 5 - Minutes May 23, 1991 Special Meeting Southold Town Board of Appeals (d) that the relief, as alternatively granted, is the minimum necessary to afford relief; (e) that the relief, as granted, is an alternative is feasible for appellants to pursue; (f) in considering all of the above factors, the interests of justice will be served by granting alternative relief, as conditionally noted below. Accordingly, on motion by Mr. Villa, seconded by Mr. Dinizio, it was RESOLVED, to DENY the relief as applied for a 14' by 24' addition with a front yard setback at 2+- feet, and BE IT FURTHER RESOLVED, to ALTERNATIVELY GRANT a variance for an addition approximately 10 feet in width, with a setback of not less than six feet from the westerly property line (in the area of the existing patio). Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and Villa. (Members Doyen and Grigonis were absent.) This resolution was duly adopted. Page 6 - Minutes May 23, 1991 Special Meeting Southold Town Board of Appeals ACTION OF THE BOARD Appeal No. 3988: Application of ANTONIO VANGI. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Article XXIII, Section 100-239.4A for permission to construct addition to dwelling with a setback of less than 100 feet from the top of the bluff along the Long Island Sound and with side yards at less than that required. The dwelling as exists is nonconforming as to total sideyards, and the lot area and width are nonconforming in this R-40 Zone District. Location of Property: 645 Glen Court, Cutchogue, NY; County Tax Map Designation: 1000-83-1-17. WHEREAS, the verbatim portion (public hearing) of the record was held on November 29, 1990, March 22, 1991, and April 30, 1991; and WHEREAS, at said hearings 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, 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. The premises in question is located along the northerly side of Glen Court in the Hamlet of Cutchoque, Town of Southold, containing a total lot area of approximately 25,500 sq. ft., and is identified on the Suffolk County Tax Maps as District 1000, Section 83, Block 1, Lot~. Page 7 - Minutes May 23, 1991 Special Meeting Southold Town Board of Appeals 2. The subject premises: (a) is improved with a one and one-half story single-family dwelling structure set back at its closest point 35 feet from the front (southerly) property line; 15.5 feet and 20.8 feet from the easterly (side) property line; 17 feet and 22.8 feet from the westerly (side) property line, and approximately 55 feet from the northerly (rear) property line; (b) is known and referred to as Lot #1 on the subdivision Map of Vista Bluff, although nonconforming as to today's lot area requirements for the R-40 Zone District. 3. Appellants are requesting permission to construct a 12' wide x 28' deep garage addition at the westerly side of the dwelling leaving a reduced side yard setback at 5.8 (at its closest point). The total side yards would be reduced from 32.5 feet to 21.3 feet. 4. Article XXIV, Section 100-244B of the zoning code provides for a setback at not less than 10 feet as a minimum in one side yard, and minimum of 15 feet in the other side yard, for a total of both sides yards at not less than 25 feet. 5. It is the opinion of the Board that the relief requested for a setback of 5.8 feet to the property line is substantial in relation to the requirement. 6. In considering this application, the Board also finds and determines: (a) that the grant of the variance would set a prece- dent which in turn will be adverse to the essential character of the neighborhood; (b) the hardship is self-created in that a garage had existing at the easterly side of the dwelling structure, and the garage was improperly converted to additional living area; (c) the variance requested is not the minimum necessary to afford relief; (d) in considering all of the above factors, the interests of justice will be served by denying the variance Page 8 - Minutes May 23, 1991 Special Meeting Southold Town Board of Appeals requested. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Villa, it was RESOLVED, to DENY the variance as applied under Appl. No. 3988 - Matter of Antonio Vangi for a proposed garage addition with a setback at 5.8 feet at its closest point to the westerly property line. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and Villa. (Members Doyen and Grigonis were absent.) This resolution was duly adopted. Page 9 - Minutes Special Meeting - May 23, 1991 Southold Town Board of Appeals III. RESOLUTION DECLARING SEQRA ON THE FOLLOWING MATTERS CALENDARED FOR JUNE 7, 1991 and RESOLUTION CONFIRMING HEARINGS FOR JUNE 7, 1991 as published: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to declare the following SEQRA declarations and confirm that these matters are hereby authorized to be held for public hearings at the Board's June 7, 1991 Regular Meeting: A. TYPE II ACTIONS: 1. Richard Oliveri 2. James and Patricia Boyle 3. Estate of Jennis Harris 4. Halsey A. Staples 5. Ronald Stritzler, M.D. 6. Charles and Angela Kyriakoudes 7. Estate of Charles Morgan (now Goldman). B. UNLISTED ACTIONS - SEQRA finalized previously on the following: 7. Joseph and Linda Fischetti 8. Cellular Telephone. (SEQRA determinations on #1 through #7 above are continued on the following pages.) age 10 - Minutes · ~I'It ~/9~_ay 23, 1991 special Meeting, t Southold Town Board of Appeals.j~ Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Robert A. Villa James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 23 , S.E.Q.R.A. TYPE II ACTION DECLARATION 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. 4029 Project/Applicants: Charles and Angela Kyriak0udes County Tax Map No. 1000- 70-13-20.9 Location of Project: ]425 Kimber]y Lane, S0uth0]d, NY Relief Requested/Jurisdiction Before This Board in this Project: Locate portion of inground pool with fence enclosure and portion of decking which will be located within 75' from existing bulkhead, and with a distance of 75' from rip-rap which is between bulkhead and mean highwater mark. Interpretation -which structural point 75'setback be from 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 Engironmental 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 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Robert A. Villa James Dinizio, Jr. Telephone (516) 765-1809 Page 11 - Minutes .... .. May 23, 1991 Special Meeting -~ ~'~ Southold Town Board of Appea21.,S BOARD OF APPEALS TOWN OF SOUTHOLD Mai 23 , S.E.Q.R.A. TYPE II ACTION DECLARATION 1991 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 Appeal No. 4024 Project/Applicants: R0nald Stritzler, M.D. County Tax Map No. 1000- 94-l-]4 Location of Project: 3055 S0undview Ave., Mattiruck, NY Relief Requested/Jurisdiction Before This Board in this Pro~ect: Permission to ]0cate accessory tennis court structure In an area other than the 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, $outhold, NY 11971 at (516) 765-1809. mc Page 12 - Minutes May 23, 1991 Special Meeting Southold Town Board of Appeals APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Robert A. Villa James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 23, TYPE II ACTION DECLARATION 1991 SCOT'r 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. 4027 Project/Applicants: Halsey A. Staples County Tax Map No. 1000- 41-2-]2.1 Location of Project: Midd]et0n Rd., Greenp0rt, NY Relief Requested/Jurisdiction Before This Board in this Project: Permission to construct new principal dwelling structure upon premises which is nonconforming and has not been held in single and separate ownership as exists since April 9, 1957. 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. mc Page 13 - Minutes May 23, 1991 Special Meeting Southold Town Board of Appeals 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 May 23 , 1991 S,E.Q.R.A. TYPE II ACTION DECLARATION 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 Appeal No. 4025 Project/Applicants: Estate of Jennie Harris by Robert County Tax Map No. 1000- 96-]-]8.] Location of Project: 2]755 CR 48, Cutch0gue, NY Taylor Relief Requested/Jurisdiction Before This Board in this Project: Permission to enlarge nonconforming dwelling in the LI Zone with proposed addition having insufficient side and front yard setbacks 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. mc Page 14 - Minutes May 23, 1991 Special Meeting Southold Town Board of Appeals APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Robert A. Villa James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May S.E.Q.R.A. 23, TYPE II ACTION DECLARATION 1991 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. 4026 Project/Applicants: James and Patricia B0y]e County Tax Map No. 1000-79_5_20.5 Location of Project:J0205 North Bayview Rd. and E/s of Pvt. Rd., Southold,N~ Relief Requested/Jurisdiction Before This Board in this Project: Permission to enlarge existing nonconforming accessory building, located partly in the side and front yard areas on this corner lot. 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 Page 15 - Minutes - May 23, 1991 Special Meeting ~ . Southold Town Board of Appeals APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman :..,. . Charles Grigonis, Jr. ':' Robert ~ A. ¥i]la James Dinizio, Jr. BOARD OF APPEALS TOWN OF SOUTHOLD Telephone (516) 765-1809 May S.E.Q.R.A. ~%~PE II ACTION DECLAPJkTION 23, 199l 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 Appeal No. 4028 Project/Applicants: Richard 01iveri County Tax Map No. 1000-6-6-20.5 Location of Project:W/s Crescent Ave., Fishers Island, NY Relief Requested/Jurisdiction Before This Board in this Project: Permission to locate new principal dwelling structure with insufficient rear and side yard setbacks. 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 sttbmitted with the su]Dject application indicating that no siqnificant adverse environmental effects are likely to occur ~hould 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 ~3~e II Actions. Pursuant to Section 617.2jj, this Depart~nent 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 Page 16 - Minutes May 23, 1991 Special Meeting Southold Town Board of Appeals APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert Vi]l~ Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD S.E.Q.R.A. TYPE II ACTION DECLARATION May 23, 1991 $COIT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appeal No. 403l Project/Applicants: County Tax Map No. Location of Project: Goldman/Estate Charles Morgan 1000- 117-10-6 930 Jackson St., New Suffolk, NY Relief Requested/Jurisdiction Before This Board in this Project: Locate existing accessory garage structure in front yard area with setback at less than previous condition of ZBA decision under Appeal #576 This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.$. 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 Pagel7 - Minutes Special Meeting - May 23, 1991 Southold Town Board of Appeals (ENVIRONMENTAL DECLARATIONS, continued:) Vote of the Board: Ayes: Messrs. Dinizio, Villa and Goehringer. (Members Doyen and Grigonis were absent.) resolution was duly adopted. This APPROVAL OF MINUTES. On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to approve the Minutes of the following ZBA Meetings: A. Wednesday, April 10, 1991 Special Meeting B. Friday, February 22, 1991 Regular Meeting Vote of the Board: Ayes: Messrs. Dinizio, Villa and Goehringer. (Members Doyen and Grigonis were absent.) resolution was duly adopted. This Brief discussion: CELLULAR TELEPHONE Application. Mrs. Johanna Northam (NFEC) indicated she wished to speak in opposition to this application. Mrs. Northam was advised that the Board could not hear her co~ents tonight since the comments must be received either in writing or during the public hearing which will continue on June 7, 1991. Mrs. Northam was questionning a radio tower proposal in Orient which she indicated was denied. No application for the same was found to be either filed or otherwise pending before this Board. The Secretary assured Mrs. Northam that if she would like reference to previous files which may have been filed during the past, that assistance is available for research Monday through Friday during normal business hours, and to the best of our knowledge (based upon the information given by Mrs. Northam), no decision on a denial of a tower in Orient was recalled to be of record with the Office of the Board of Appeals. (This may have been a matter brought before the Town Board or other town department for the Orient Fire Department.) Page 18 - Minutes May 23, 1991 Special Meeting Southold Town Board of Appeals REVIEW OF PLANS - PRIOR APPEAL FOR IRENE MILLER. James Fitzgerald of Proper-T Services submitted plans for the proposed application for a building permit. The plans show a 32' x 44' wide house, and with an attached 12' deck along the north side of the house, the house will be 44' by 44' house building area. Mr. Fitzgerald has assured that the setbacks will not change from that granted and conditioned by the Board in the above appeal. Board Chairman Jerry Goehringer and Member Dinizio both agreed to accept the house plans as being in compliance with the Board's decision, provided there is no reduction in the required westerly side yard or northerly bank yard setback. There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting adjourned at 8:25 p.m. Respectfully submitted, Approved - J%fne ~991 Linda F. Kowalski ~/~/ RECEIVED AND FILED BY ~:~E EOUTHOLD TOVTN -'~' To~vn Clerk, Town of Southold APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles G-rigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. 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 WAIVER OF NOTICE OF SPECIAL MEETING WE, the undersigned, being Members of the Zoning Board of Appeals of the Town of Southold, Suffolk County, New York, do hereby severally waive notice of the time, place and purpose of the Meeting of the Board of Appeals to be held at the Southold Town Hall, Main Road, Southold, New York, on THURSDAY, MAY 23, 1991 at 7:00 o'clock p.m., and do hereby consent that the same be held on said date for the transaction of business properly coming before the B~o.a~r~-~ DATED: May , 1991. //~J Southold, New York./Gerard P. Goehri~er, C~rman Charles Grigoni~, Or], Member l~m Diniz~o, ~F.~ bfember Robert ~. Villa, Member