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Home My WebLink AboutZBA-06/05/1982 SPEC �oc�VFFU1�`�G o y Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS M I N U T E S JOSEPH H. SAWICKI SPECIAL. MEETING JUNE 5, 1982 A Special. Meeting of the Southold Town Board of Appeals was held on Saturday, June 5, 1982 at 9 :20 a.m. at the Southold Town Hall, Office of the Board of Appeals, Main Road, Southold, New York 11971. Present were: Gerard P. Goehringer, Chairman; Charles Grigonis , Jr. ; Robert J. Douglass; Joseph H. Sawicki. Absent was : Serge Doyen. (Fishers Island) . The Chairman opened the meeting at 9 :20 a.m. The Chairman announced that arrangements are being made to visit the existing windmill site in .,Sag Harbor next Saturday, June 12th via ferry. (Ref: Solwin Industries Inc. ) RESERVED DECISION: Appeal No. 2960 .. Upon application of Gerasimos Fioravantes, 265 Fourth Avenue, Brooklyn, NY 11215 for a Variance to the Zoning Ordinance, Article III, Section 100-30C for permission to use accessory building for habitable guest accessory use. Location of Property: 8220 Main Road, East Marion, NY; bounded north by Main Road; east by Amott & another; south by Smith & ano; west by Cotrone and another; County Tax Map Parcel No. 1000-31-8-1. 1. The public hearing concerning this matter was held on April 14 , 1982, at which time the hearing was declared closed pending delib- erations. The board deliberated and made the following findings and determination: r Southold Town Board of 2,- - gals -2- Jun 1982 Special Meeting (Appeal No. 2960 - Gerasimos Fioravantes, continued: ) By this appeal , appellant seeks a use variance to change the use of an accessory storage building to that of a guest house. The premises are located on the south side of N.Y. Route 25 in the hamlet of East Marion. It has a frontage on Route 25 of 154 . 80 feet and an area of 40,000 square feet. The premises are located in the "A" Residential and Agricultural Zone District. The premises are shown on the Suffolk County .Tax Map as District 1000 , Section 031 , Block 08 , .Lot 001. 1. There is located on the premises a .two-story wood-frame private dwelling containing four bedrooms, which appellant occupies with his wife and three children. A two-story wood frame accessory storage barn is located in the rearyard. Appellant, without a building per- mit, has partially structurally altered this building. It would appear from the testimony of neighbors and appellant' s building per- mit application that the accessory building is 24 feet by 19 feet in size with a 20 ft. by 14 ft. garage attached to the east side thereof. Appellant proposes to alter the accessory building to provide for a living room, bedroom and full bath on each floor. Access to the second floor is by an outside stairway. The second floor will also have a 19 ft. by 8 ft. deck. The change of use sought by the Appellant is not an accessory use permitted in the "A" District by the Zoning Code (Section 100-30C) . Additionally, the building exceeds the 18 ft. height limitation specified in Section 100-32 of the Zoning Code. Since Appellant requests a change of use to a use not per- mitted by the Code, the variance is a use variance, which may only be granted by this Board upon proof that: (1) that land in ques- tion cannot yield a reasonable return if used only for a purpose allowed in that zone; (2) that the plight of the owner is due to unique circumstances and .not the general conditions in the neigh- borhood which may reflect the unreasonableness of the Zoning Code; and (3) that the use to be authorized by the variance will not alter the essential character of the locality. Appellant has failed to demonstrate unnecessary hardship and, accordingly, On motion by Mr. Douglass ,.._seconded by Mr. Sawicki, it was RESOLVED, that the variance be and hereby is DENIED. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis , Douglass and Sawicki. . Absent was Mr. Doyen (Fishers Island) . S � Southold Town Board of Arr_als -3- June 5 , 19 Special Meeting Re : Dealer Gunsmith License - Ronald Atkinson The board discussed the proposed hobby of Mr. Atkinson, and the board was in agreement, with the understanding that the guns will be kept only for the hobby, that. no one will be dependent upon this hobby for an income, that there will be no storage of ammunition or explosives on the premises for sales purposes at any time, that any and all appropriate permits will be obtained for the pistols, and that the entire collection of guns will be kept in a secured area. However, the board will require any proposed changes in the...activi- ties of this gun .hobby to be brought back to this -board for review and reconsideration. The board consented to the Chairman' s letter drafted June 5th addressed to Mr. Atkinson indicating. the above. Inspections were made of the existing bulkhead along the property of Miriam Batson at Bayview Drive, East Marion and the bulkhead was found to:.:be in good, functional condition. On motion. by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that the following appeal application be scheduled and advertised pursuant to law for a public hearing to be held at the next Regular Meeting of this Board, to wit: June 17, 1982 : Appeal No. 2991 - Application of Miriam Batson for a variance for permission to construct an addition to dwelling with an insufficient rearyard setback at Bayview Drive, East Marion. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doug- lass and Sawicki. (Absent was Mr. Doyen [Fishers Island] ) . ENVIRONMENTAL DECLARATION: Appeal No. 2991 of Miriam Batson: On :-motion by Mr. Goehringer , seconded by Mr. Grigonis, it was RESOLVED, to declare the following Negative Environmental Declara- tion concerning the matter of Appeal No. 2991, Miriam Batson: Pursuant to Section 617. 13 of the N.Y.S. Department of Envir- onmental Conservation Act, Article 8 of. the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the. Southold Town Board of Appeals has determined the subject project as proposed in this appeal application be and hereby is classified as a Type II Action, not having. a significant adverse effect upon the environment for the following reasons: An Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to v ,Southold Town Board of Appeals -4- June 5 , ' 82 Special Meeting (Appeal No. 2991 - SEQRA Declaration - Miriam Batson, continued: ) occur should this project be implemented as planned. The property in question has constructed along the water-lying edge a -substantial, functional bulkhead in very good condition. This declaration should not be considered a determination made for any other department or agency which .may also be involved, nor for any other project not covered. by the subject appeal application. Location of Property: Bayview Drive, East Marion, NY; County Tax Map Parcel No. 1000-37-4-3. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis , Douglass and Sawicki. Absent was Mr. Doyen (Fishers Island) , The Secretary was instructed to schedule the following matters at the end of the other appeals scheduled for June 17th and in the following order: James Manor North Fork Bank Solwin Industries Inc. Solwin Industries Inc. The board reviewed the recently-filed application for Harold".B. Walters (By R.J. Cron, Esq. ) and it was the consensus of the board that this matter be scheduled for the following Regular Meeting of the board expected in early July. The Chairman declared the meeting adjourned at approximately 9:40 a.m. Respectfully submitted, Linda F. Kowalski Secretary Southold Town Board of Appeals AP__ UE-0 Chair an and of Appeals V ' RECEIVED AND FILED BY THE SOUTFIOLD TOWN CLEftK DATE i ljOUR g e`7,I,, 0 j. Town C I�drZ �'o5 S old �ocwFFQCk��G o � Southold Town Board ®f Appeals MAIN ROAD - STATE ROAD 25 . SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. WAIVER ROBERT J. DOUGLASS JOSEPH H. SAWICKI OF NOTICE OF SPECIAL MEETING . WE, the undersigned, being members of the 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 Saturday, June 5 , 1982 at 9 :15 a.m. and do hereby consent that the same be held on said date for .the transaction of any business which may properly come before said meeting. DATED: June 3, 1982. Southold, New York. Gerard P. Go ringyr, Chairman arles Grigonis Jr. , ember r . , ber ob rt J. uglass , ber ARV 'F W. o s e H. Sa ick Member