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Home My WebLink AboutZBA-08/26/1981 SPEC (2) g z Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I,, N.Y. 1.1971 TELEPHONE (516) 765.1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWICKI M I N U T E S SPECIAL MEETING HELD AUGUST 26 , 1981 A Special Meeting .of the Southold Town Board of Appeals was held on Wednesday, August 26-,. 1981 at 4 :45 o'clock p.m. at the Southold Town Hall, Main Road, Southold, New York .11971. Present were: Charles Grigonis, Jr. , Chairman; Robert..J: Doug- lass; Gerard P. Goehringer; Joseph H. Sawicki. The Waiver of Notice of Special Meeting has been executed by all Board members and made part of the record. RESERVED DECISION: Appeal No. 2851. Application of Salvatore Caiola, 74 Irving Place, . New York, NY 10003 (by Samuel J. Glickman as attorney) for a Variance to the Zoning Ordinance, Art. III, Sections 100-30A(1) and 100-32 for permission to amend Building Permit #1152Z, which was issued for storage building, a permitted use, Amendment to living unit is not permitted with an existing dwelling on premises without a variance. . Location of Property: 49975 County Road 48 , Southold, NY; bounded north by Soundview Avenue, west by Sawicki, south by C.R. 27, Droskoski, Wolanski, east by Madsen, Kamps, Demi track, Dakis., Andriotis. County .Tax Map Item No. 1000-51-3-8 , 9, 12. 2, 13.2. Public hearing on this matter was held on August 6 , -1981, at which time. the hearing was closed and decision was reserved for further review and consultations. The following are the findings and determination of the Board: By this appeal, appellant seeks permission .to use accessory building for "servants quarters at premises owned by applicant and Southold Town Board of Appeals -27 August 26 , 1981 Special Meeting containing approximately 17 • ,acres. Building permit application dated May 8, 1981 was approved under Permit No. 11152Z for recon- struction of accessory building for storage purposes. Applicant states that he demolished the accessory building and began to rebuild, for •use as a living unit. The rearyard setback of the accessory structure as reconstructed for living use is at or very near the neighboring property line_. The sideyard setback is also very near the neighboring property line. The Board does not agree with the reasoning of the applicant. The relief requested is not within the spirit of the zoning ordinance. It is the determination of this. Board that to permit this accessory structure to be used for living facilities would, in effect, allow a use not permitted by the Zoning Code since the result would be to permit two dwellings on one lot. A use vari- ance may only be granted upon proof of hardship, which has not been demonstrated by applicant. The Board finds that the relief requested is substantial in relation to the Code requirements; that the relief would change the character of the neighborhood; that the circumstances are not unique; and that the interests of justice will be served by denying the variance as requested in Appeal No. 2851. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that Salvatore Caiola be denied a variance to the zoning ordinance in Appeal No. 2851 as applied. Location of Property: 49975 C.R. 48 , Southold, NY; County Tax Map Parcel Item No. 1000-51-3-8, 9, 12. 2, 13 . 2 . Vote of the Board: Ayes: Messrs. Douglass, Goehringer, Sawicki and Grigonis. (Absent was : Mr. Doyen, Fishers Island. ) APPEAL NO. 2870 . Application of John P. Kowalski, Jr. and Chester A. Berry, Jr. , for a variance to the zoning ordinance, Article VII, Section 100-71 for permission to reconstruct principal building with insufficient fr.ontyard setbacks at 95 Love Lane, Mattituck, NY; County Tax Map Item No. 1000-141-4-part of lot 28. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, that Appeal No. 2870 , application of John P. Kowal- ski, Jr. and Chester A. Berry, Jr. is hereby withdrawn without prejudice as requested. Vote of the Board: Ayes: Messrs. Douglass, Goehringer,, Sawicki and Grigonis. (Absent was : Mr. Doyen, Fishers Island) . J A, Southold Town Board of Appeals -3- August 26, 1981 Special Meeting RESERVED DECISION: Appeal No. 2846 . Application of Patricia A. Bailey, RR #1, Box 114 , Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to subdivide three merged lots, and approval of insufficient area of proposed lot #2, approval of insufficient frontyard of proposed lot #3 of said lots at 2155 Skunk Lane, (Bay Avenue) , Cutchogue, NY. Above-mentioned front- yard of proposed lot #3 faces Leslie Road, Cutchogue; bounded north by Nerone, Ficht, McCleery; bounded west by Bay Avenue; bounded south by Maly, Price, Leslie Road; bounded east by Swiatochia; County Tax Map Item No. 1000-97-4-11, 12, 17. A public hearing was held and closed on this matter at the Town Hall on Thursday, August 6 , 1981. By this appeal, appellant seeks approval of insufficient area and road frontage of parcel (s) in .a proposed three-lot subdivision. Proposed parcel No. 3 contains an area of 5. 959 acres; parcel No. 2 contains an area of approximately 30 ,000 sq. ft. ; parcel No. 1 con- tains an area of approximately 56 ,100 sq. ft. Parcel No. 3 would have insuf.fididnt:..r.oad frontage on Leslie Road of approximately 117 feet. Upon review of this file, the Board finds that the written notice of hearing did not contain correct information concerning the circumstances in this appeal (particularly with reference to insufficient road frontage) and that it is not within the authority of this Board to favorably act on this application. On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that Patricia A. Bailey' s application for a variance to the zoning ordinance in Appeal No. 2846 is hereby denied without prejudice. Vote of the Board: Ayes: Messrs. Douglass, Goehringer, Sawicki and Grigonis. (Absent was: Mr. Doyen, Fishers I.sland) APPEAL NO. 2846 . Application of Patricia A. Bailey, infra. On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 2846 , matter of Patricia A. Bailey be scheduled and re-advertised for a public hearing to be held by this Board at the Southold Town Hall, Main Road, Southold, NY on Thursday evening, September 17, 1981. Vote of the Board: Ayes: Messrs. Douglass, Goehringer, Sawicki and Grigonis. (Absent was : Mr. Doyen, Fishers Island) y Southold Town Board of. Appeals =47 August. 26., 1981 Special. Meeting The Chairman was authorized to submit the Z.B.A. recommended budget for 1982 after final approval by this Board on .Monday, August 31, 1981 for submission to the Southold Town Board. Being there was no further business to come before the Board at this time, motion was made by Mr. Grigonis, seconded by Mr. Sawicki, and . carried, to. declare .the meeting adjourned. The meeting closed at approximately 5 :25 p.m. Respectfully submitted, APPROVED cecO� "0 Linda F. Kowalski Secretary Chairman Board of gals Southold Town Board of Appeals REL IVED AND FJT ED BY TILE SOUT1IOLD TOWN CLE-11K, DATE `�/�� HOUR �fZ( Town Clerk, Town of Southold 10 Southold Town -- ard of Appeals August 26 , 1981 ., " Oki. ESTIMATE OF EXPENDI.-.:ES For Southold Town. Board of Zoning Appeals Unit Code B8010 (Administrative Unit) Expended Budget For Request For Last Year This Year Next Year 19 19 81 19 82 .1 PERSONAL SERVICES* (List all employees giving Title, No, of Persons & Pay Rate) Chairman $4 ,500 & $2,000 $ 5 ,600 . 00 $16IF500 . 00 Four Members @$4 ,500 14 ,400. 00 18 ,000. 00 Secretary - salary 9, 850. 00 13 ,000 . 00 - over lme }� 1,000. 90 ,part-time el " i:f workload increas at present p�ce 2,000 . 00 TOTAL — PERSONAL SERVICES $ 29 '850 . 00 40 ,500 . 00 .2 EQUIPMENT (Show individual items) IBM Electronic 75 Typewriter $ 990. 00 $ 1,320 . 00 $- 1,320 . 00 Filing Cabinet & related office 550. 00 equipment TOTAL — EQUIPMENT $ $ $ 1,870 . 00 .4 CONTRACTUAL EXPENSES (List by major Items or Types) Materials for separate office . . 500 . 00 Lanier Service Agreement; subscriptions $ $ to law bulletins & manuals; stationary; printing costs; folders & misc. .office supp Ti es, expenses Tor Mr. Doyen to attend meetings in Southold; expenses for Board 4, 320 . 00 ffimMrs to inspec a . P ZBA inspections/mileage reimbursements 500. 00 Association of Towns meeting 1, 250 . 00 Legal Counsel fees for miscellaneous 3,000 . 00 EeVai Counseio e en . cases Advertij6*fg_ CBi EXPENSES ,8000 . 00 $ � � 4 ,320 . 00 TOTAL FOR ADMINISTRATIVE UNIT $ $ $64 ,260. 00 Remarks: (see page 1) Dote: 80/81 A / Chairman Prepared 8 Submitted by Title Southold Town Board o pals *Where employee is compensated from more than one administrative unit, show total salary and apportionment. FORM EE WILLIAMSON LAW BOOK CO., ROCHESTER, N. Y. 14609 Southold Town BC 3 of Appeals August 26 , 1981 AIA n =s` ESTIMATE OF REVENUES For Board of Zoning Appeals Unit Code B8010 (Administrative Unit) ACTUAL — BUDGET For ESTIMATE For Last Year This Year. Next Year Code Item* 19 19 19 195 appeal applications $ $ $ at recommended $25. 00 filing fee per application 4 ,875. 00 I TOTAL FOR ADMINISTRATIVE UNIT $ $ $ 4,875. 00 Remarks: On May 8 . 1980 , the ZBA recommended an increase from $15.00 to $25. 00 for zoning variances and flood law variances. The estimate of. revenues is calculated on that basis. Date:_ 8/3, %81 Prepared & Submitted b'y /S / Title Chairman Southold Town Board of Appeals `Show all revenue received directly by the administrative unit. Explain any sales of equipment. Explain any unusual items such as gifts, etc. FORM- ER WILLIAMSON LAW BOOK CO.. ROCHESTER. N. Y. 14609