HomeMy WebLinkAboutZBA-04/26/1995 SPECAPPEALS BOARD MEMBERS
Gerard P Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Lydia A. Tortora
BOARD OF APPEALS
TOWN OF SOUTHOLD
MINUTES
SPECIAL MEETING
WEDNESDAY, APRIL 26, 1995
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765 - 1823
Telephone (516) 765-1809
4:03 p.m. Special Meeting - Cai1 to Order was made by Chairman
Goehringer.
A Special Meeting of the Southold Town Board of Appeals was
made on WEDNESDAY, APRIL 26, 1995 commencing at 4:03 p.m. at
the Southold Town Hall, 53095 Main Road, Southold, New York 11971.
Present were:
Gerard P. Goehringer, Chairman
Serge J. Doyen, Member
James Dinizio, Jr., Member
Robert A. Villa, Member
Lydia A. Tortora, Member
Town Attorney LaurY Dowd
r.inda Kowalski, Secretary
RESOLUTION: Motion was made by Chairman Goehringer, seconded
by Member Diuizio, and duly carried, to enter into executive session
in order to consult with the Town Attorney in conference room
regarding possible litigation in the Matter of CoFam Realty, as
owner (a/k/a McDonald's as tenant). A memorandum was received
from Supervisor WiekhAm with inquiries pertaining to durations of
Special Exceptions, including the project of CoFam-McDonaid's.
Several persons in the audience had questions about the subject for
Executive Session.
4:10 - 4:45 EXECUTIVE SESSION - Board Member consultation with
Attorney for ZBA (Laury Dowd) and possible litigation in the Matter
of Cofam Realty and memo of inquiry from Supervisor Wickham.
4:47 REGULAR SESSION resumed.
ChAirman Goehringer, seconded
carried.
Motion to reeonvene was made by
by Member Tortora, and duly
Page 2 - Minutes of .,pecial Meeting
Wednesday, April 26, 1995
Southold Town Board of Appeals
I - MISCELLANEOUS:
A. Correspondence received since April 11, 1995 Regular
Meeting:
Letter of inquiry from Arthur M. Tasker Re: Brewers
Yacht Basin Accessory Restaurant. The Chairman and
Board Members agreed that a letter be sent to the Town
Attorney inquiring as to the course of action whieh is
recommended rsgardlng concerns of Arthur Tasker in bis
recent letter. (No objections were received from
Board Members. )
Letter of inquiry from Advent Lutheran Church
Re: Inquiry of Town Board Policy pertglning to fees for
building permits for church signs. The Chairman and
Board Members agreed that the Town's policy on fees is
established by the Town Board, and directed that a
memo be sent to the Town Clerk for their response to
the Advent Lutheran Church. The inquiry pertaining
to submission of sketches is forwarded to the Building
Department for their response.
Letter of inquiry from Supervisor Thomas H. Wickham
Re: Duration of Special Exceptions. (See P. 3, etc.
for resolution and discussions. )
B. RESOLUTION: Motion was made by Chairman Goehringer,
seconded by Members Dinizio and Villa, and duly carried without
noted objections by members, to CONFIRM the CALENDAR for Board
Member inspections pertaining to applications scheduled for hearings
on MAY 3, 1995. New applications as follow:
1. Appl. No. 4306 - ROBERT AND BARBARA VAN METER.
Requests permi.~sion to construct a 3'3"+- extension along the
westerly side of the existing dwelling, reducing the setback
from the established setback at 6.5 feet to three (or 3.2)
feet. The subject premises contains a total area of
appreximately 9,700 sq. ft. and is located in the R-40
Low-Density Residential Zone District. Property Location:
Corner of Opechee Avenue and Osseo Avenue, Southold.
2. Appl. No. 4239 - MARGARET BEST and ADLYN
SYVERSON. This is a request for approval of the proposed
insufficient lot area and insufficient lot width of Parcels
#1 and #2, as proposed, in this pending subdivision project.
Leeation of Property: 420 Private Road No. 17 extending off the
easterly side of Camp Mineola Road, Mattituck; 1000-123-6-17.
The subject promises as exists contains a total lot area of
approximately 1.3 acres and is situated in the R-40 Low-Density
Residential Zone District.
Page 3 - Minutes of opecial Meeting
Wednesday, April 26, 1995
Southold Town Board of Appeals
HEARINGS SET FOR MAY 3, 1995, continued:
3. Appeal No. 4308. ROGER and KATHLEEN WILSON. This is
a request for the location of a proposed porch addition with an
insufficient front yard setbaek and preposed deck addition at
the northerly side of dwelling with an in.~ufficient northerly
setback and total side yards in thia R-40 Zone District. The
subject premises contains a total lot area of 30,000+- sq. ft.
and frontage along North Field Lane of 100 feet. at Southold.
4. Appeal No. 4309. THOMAS AND CARMELA CUNNEEN.
This is a request for a Variance under Article XXIV, Section
100-244, based upon the April 12, 1995 Notice of Disapproval
from the Building Inspector, for the location of a proposed deck
over existing patio area which will exceed the lot coverage by
500 sq. ft. for a total of 2,288 sq. ft., or less when deducting
stairs and step areas. The subject promises contains a total
lot area of 7808 sq. ft. Special Note: Section 100-230C(1 & 3)
allows step protrusions up to four feet from side line and 15
feet from front property line without a variance. 2515 Hobart
Road, Southold.
This resolution was duly adopted.
CORRESPONDENCE, continued from page 1 hereof,
Ref: Memo of inquiry from Supervisor Thomas H. Wickham which the
Chairman stated was received around 11:00 a.m. on Friday, April 21,
1995 and for which a proposed response from the ZBA will reflect the
Board's past procedures in dealing with special permits and the
overall nature and periods of time that an applicant earnestly
pursues his applications.
RESOLUTION: Motion was made by Chairman Goehringer,
seconded by Member Doyen, to SEND the drafted response which has
today been prepared and read aloud by the Chairman at this time, to
the Supervisor in reply to his memo of inquiry dated April 21, 1995.
The Chalrrn~n read the letter as follows:
(continued on page 4 hereof)
Page 4 - Minutes of opecial Meeting
Wednesday, April 26, 1995
Southold Town Board of Appeals
"... REPLY MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Supervisor Thomas H. Wickham
Beard of Appeals
By Jerry Goehringer, Chairman
April 27, 1995
4/21195 Memo from Supervisor T. Wiekham
Special Exceptions
This memo is sent pursuant to a resolution of the Beard of
Appeals adopted at a Special Meeting held on April 26, 1995
in response to your inquiry memo dated April 21, 1995 which
reads:
"... The Town Board ...was presented with differing
opinions regarding the effective dates for which
special exceptions run -- their beginning and ending
dates...
The Board discussed the matter briefly but considered
it more properly in the domain of the ZBA...
The Board is therefore requesting clarification of
ZBA policy regarding the effective dates and duration
of special exceptions. I would welcome your Board's
interpretation in this both for future cases and for
past special exceptions, such as the Cofam/McDonald
property .... "
As mentioned during a Code Review session in February
1995 with the Town Attorney and m~hers of other
departments, the ZBA has since the inception of its
Special Exception jurisdiction in 1957 placed additional
conditions which would need to bo met before a special
exception becomes "completely" or "validly" approved.
(Please note, that it was not until 1989 when the Code
was amended to show a six-month renewal period.)
Past procedures and policies recognized active site plans
as those projects which were/are diligently pursued
applications. One of the reasons is that site plan
applications are held in abeyance to allow time for
issuance of a specialexception permit. We are not aware
of any project which ever received site plan a~roval
prior to a special exception.
Page 5 - Minutes of opecial Meeting
Wednesday, April 26, 1995
Southold Town Board of Appeals
Those which are not pursued are those which are not filed
or which remain dormant for a considerable amount of time
for example, used car lot approved by SE at eome t~me
prior to 1988, then discontinued in 1988, a~d
subsequently (say 1989) received a change of zone which
prohibited the use, and remained discontinued until after
1991.
In the case of Special (Exception) Permits, our office
has also forwarded letters where the use did not receive
a building permit prior to the effective date of a cede
change.
Attached is a list of several projects reviewed since
1989 which were conditioned, in the actual ZBA
determination, u~on obtaining other approvals or, as in
the case of LKC Cor~., specifically set a time period for
reconsideration at a future public hearing.
Page 3 of letter, continues as follows:
LKC Corp. 1994, copy attached - a condition was placed
in the determination that the SE in this project was only
valid until July 31, 1995, and a second hearing was
required for its renewal, after notice. The purpose of
this condition was due to the unpredictable time period
of a "parking lease" with an adjoining property owner,
which was not required to be renewed.
COFAM 1992, copy attached - a condition was placed
requiring that a copy of the final site plan shall be
furnished prior to the PB Chairman signing the site
plan. The purpose of this condition was to compare the
later-dated final plan ready to be signed by the PB, with
the ZBA map on file when the ZBA rendered its written
determination. {It was not intended to re-hear, reopen
or change conditions of the Special Exception decision on
file. It was intended to be sure that the use in the
building footprint as approved was not substantially
expanded/modified}.
BREWER'S YACHT YARD, copy attached The restaurant
applied for was requested by the applicant to be
accessory to the marina. One of the 10/92 conditions was
to obtain site plan approval by the PB which was on hold
pending the Special Exception approval.
PLANNING BOARD COORDINATION and CODE PROVISION AT
100-254B-3 (copy attached) states "...in no case may the
Planning Board grant site plan approval prior to the
Page 6 - Minutes of opecial Meeting
Wednesday, April 26, 1995
Southold Town Board of Appeals
issuance of a special exception by the zoning Board of
Appeals, if such is required .... "
In fact, since about 1988 the P.B. did not proceed to
formally review the elements of a site plan map until
after the ZBA had acted upon the Special Exception. The
site plan process is slow in most projects due to the
lengthy time it takes to obtain other agency approvals.
Sometimes the Health Dept. and D.E.C. can take more than
six months, which also slows the Planning Board process.
(End of letter. Copies of references were then attached.)
VOTE OF THE BOARD: Ayes: Doyen, Dinizio, Villa and Lydia.
{Member Tortora abstained for the reason that she was not a Board
Member during the above-mentioned application(s).} This resolution
was duly adopted.
INFORMAL DISCUSSIONS:
At this time, the Chairman welcomed comments from the audience.
Mrs. Linda Fletcher and Betty Brown of the NFEC were present with
other persons. Member Dinizio indicated that it was his
understanding that Condition No. 5 of the ZBA decision required
that the final map coincide with the way the ZBA approved it and
required the final submission for the record. Other conditions
had to be met before the Building Permit was issued. Conditions
also had to be met before the Planning Board issued its site plan
approval in March 1994, therefore it didn't comply with the code
until all conditions were satisfied collectively. Member Doyen
agreed that the conditions were not satisfied until March 1994, and
the Building Inspector was probably not in a position prior to that
time to issue a permit. Member Doyen said the way it has always
been done in the past is to be sure all other departments have
issued approvals before a building permit is issued and before a
special exception is in compliance - this applies to variance
projects as well. Member Villa indicated that it is a matter that
should be in the hands of a court to decide considering the time and
circumstances el-lined by the NFEC. Member Villa said he has
trouble with the language concerning the Code at 100-262C and it
would be unwise to backtrack to 1991.
The NFEC asked for direction from the Town Attorney or ZBA
members on how to stop the permit. It was recommended that the
NFEC receive legal direction from their attorney since the ZBA is
quasi-judicial. The Town Attorney indicated that she would consult
with the Building Inspector to determine whether or not he has
responded to the NFEC's letter of April 1995 requesting a revocation
of the building permit in the Cofam Realty-MacDonald's project.
Page 7 - Minutes of opecial Meeting
Wednesday, April 26, 1995
$outhold Town Board of Appeals
Following the end of the informal discussions, motion was made by
Member Tortora, seconded by Chalrn~n Goehringer, and duly
carried, to adjourn at this time.
The meeting was adjourned at 5:35 p.m.
Respectfully submitted,
P. ECEIVED AND FILED BY
THE SOUT - OLD
Town Clork, Town of S~thold