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Home My WebLink AboutZBA-06/05/1982 SPECSouthold Town Board of Appeals MAIN ROAD- -~TATE ROAD 25 BOUTHOLD, 1.1., N.Y. llg'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI MINUTES 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: Southold Town Board of A~eals -2- Jun~ 3, 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). Ö Ñ dÑ dÑ dÉÇ éÆ !Í 6Î WÌ Z ˜j ¤ .Id~ n¤— T½Ï -…ž 8ÓÇ uÓÇ uTxûÀFFs2F F¡©&Ô=PTyûÐG!2@ßƒ‚ÈØ©&°Gù`ÐþiˆØ©&s:@ÆGù`°Gù`Ô=P'ÌÔGÔ^û--€¸ (ì”bf›3bf›3 [=Jl57b¾7b¾7b¾7b¾7g~I¼~6þ…U_~qÛ~1„C.µ?´Rœ¶ê©" ±Q¢+Q¢+Q¢+.êPê)„é_îèè1!Rââ$Rââ$Rââ$?ç)sæFÃè÷à\!÷à\!]ØyZ]ØyZ.3p$(´)é"SHj(ŸÂ(÷y|„.)juì.T0kS3«S¾S@ P¦O®bON8QOvNGÊN'þN}.†“Ì‹õ„„…ƒZ+½ÆŽ+½ÆŽ0}S{Uð€&!z.W\/e[A.¨z0ãIÐh¿x%ëql"#°ÞŸGÞ-L«÷§2NX–LR÷a@A^D–|EâxE/u4ks»q-þŽ#*ŠT¹¢Z¡0ŸF}I„¹„¹µJb³-š³?š³?ß´,¹,q NkD³h1 I€6†‚µ}'7x'rxTvûÀFFs2F F¡©&Ô=PTwûp G!2@ßƒ‚ÈØ©&(Lù`ÐþiˆØ©&s:@>Lù`(Lù`Ô=PÐ¯¿mä¯¿m€Æmˆ³¿m@ Åm'Ú†¸V4àª`´ÿ*…AT@¼Gh<Ç5é4~ wû¼w= ¼w= vnvn|s!¸ŒRÐ•Y4•Z”S9F9F²p•²Ô;ËÓ¬…ÓUçÔQÎöuUõ+öä…ø_¤&Ö~`rß4¹L@J—J—¨J³hI#˜K¿J}JJoJríMISqLgëupëupdte·tÙr[>r9Á‹÷’Ž™Ž™Ã“ê“ˆ~ 4Ë¸ë¶ZOµiOµi ×tÚÙW7ßåÖBåÖBEÈ!¹Õ ê÷Tê÷TH÷5ö-¶÷<üùH Nú xú(«ú~«ú~3ú^ ›úf›úfú&<úWúCWúC¤ù, åU-åU-åU-åU-åU-aD"Öcc+-¨¶&¨¶&¨¶&4@Æ¬æ¬«nx«Ox«O Â+Ì)šÁbÁƒÌÖÃíåìdSëY¶ëVô=.Ot$Ot$Ot$èd*èd*èd*oÃoÃYü%ª÷Ÿ.ª÷Ÿ.pýlpýlÁ Southold Town Board of Appeals -4- June 5, ±982 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 APPROVal) $outhold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI WAIVER 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. '~~r ° ose~-H,' Sa~ick~', M~ember