The Southold Town Board voted on Tuesday night to adopt a local law that would impose time limitations on variances granted by the zoning board of appeals.
The ZBA pitched the concept because, according to chair Leslie Weisman, variances that aren’t acted upon in a “reasonable time” might become stale and incompatible with the surrounding community due to conditions that have changed over years.
To that end, the new legislation states that, effective January 1, 2015, any variance granted by the ZBA will become null and void if a certificate of occupancy hasn’t been obtained and/or a subdivision map has not been filed with the Suffolk County Clerk within three years from the date the variance was initially granted, unless the ZBA, upon written request prior to the date of expiration, grants an extension not to exceed three, consecutive one-year terms.
Southold Town Councilman Jim Dinizio voted against the measure, stating later, “It’s an unnecessary expansion of discretion.”
Earlier, at Tuesday’s work session, Dinizio maintained that if a variance was granted, it shouldn’t make a difference if the applicant wanted to build 80 years later.
Southold Town Supervisor Scott Russell said when a judge makes a ruling it’s not permanent and can be subject to review in the future.
“There’s an end, a final say, and that’s what I think the ZBA is,” Dinizio said. He added that he believes the “ZBA is well over-used in this town, and does things I don’t think they should be doing.”
He maintained that the opinion was his alone; Dinizio was the sole “no” vote on Tuesday night.
