The meeting was called to order at 7:30 p.m. by Chairman Joseph Guido. Pledge to the Flag
followed.

ROLL CALL

Present: Steve Britton, Catherine Charuk, Joseph Guido, Robert Martin, Peter McGowan, Richard Wenzel, and Karl Wick

APPROVAL OF MINUTES

Robert Martin made the following corrections to the minutes of the May 15, 2001 meeting: page 2, 3rd paragraph, should be open instead of upon; page 3, 2nd paragraph, should be they instead of that. ROBERT MARTIN MADE A MOTION TO ACCEPT THE MINUTES AS AMENDED. MOTION SECONDED BY KARL WICK. ALL PRESENT VOTED IN FAVOR. MOTION CARRIED 7-0.

APPROVAL OF VOUCHERS

A voucher for secretarial work for 11.5 hours was presented to the Board. A MOTION WAS MADE BY ROBERT MARTIN TO APPROVE THE VOUCHER. MOTION SECONDED BY STEVE BRITTON. ALL PRESENT VOTED IN FAVOR. MOTION CARRIED 7-0.

INFORMATIONAL MEETING

COOPER, DENNIS # 06-19-01-02

Mr. Dennis Cooper of 611 Old Post Road was present to explain that what he is planning to do is build a house behind the house that is presently on his property and live in the house while the new one is being built. After the new house is completed he will subdivide the property and move the old house to the new lot. If a subdivision is required before he builds, Mr. Cooper advised that he would do it that way but he prefers to wait until he is finished with the building.

Mr. Guido advised that in cases like this it is necessary to set up an account with the Town to guarantee that the house will be moved. It is also necessary to hold a public hearing which will be scheduled for next month. He asked how long Mr. Cooper thinks it will take to complete the new construction and was told that Mr. Cooper is taking a year off to build it. Mr. Britton advised that if a variance is granted, conditions would apply. It would be contingent upon the property being subdivided, an escrow account being set up with the Town, and the building being moved in a certain amount of time. There were no further questions.

SOURA, MICHAEL  # 06-19-01-01

Mr. And Mrs. Soura were present. They explained that what they would like to do is build an addition on their home in which to operate a nail salon. The violations are the setbacks ( they are too close to two roads), the area covered, and the mixed use. The structure would be lower than the existing structure and there would be no footings, just cement piers. The driveway by the house would be used for parking since Mrs. Soura would be the sole employee and there would be no need for parking for more than one car. It would be parallel parking next to the house on pavement which is there now.

Mr. McGowan asked why the addition has to be so close to the highway. Mr. Soura explained that for aesthetics he wanted to keep the addition on the same lines as the house and not on an angle. Mr. Martin asked if Mr. Soura would bring the dimensions of the house and the distances to the property lines from the corners of the building to the next meeting.

Ms. Charuk asked how many square feet would be in the addition and if it was necessary to have so much room to do nails. Mrs. Soura stated that she needs storage for materials, a bathroom, a nail station, and room to add a tanning bed in the future. Mr. Britton asked if the plans for the tanning bed were eliminated what the dimensions would be. He advised that he is trying to minimize the variance and if there would be only a two or three foot difference it would not really matter. Mr. Guido asked if there were any plans to have any employees in the future and Mrs. Soura answered that it will be a home business so she can be home for her children and that’s it at this point. Mr. Wick asked that the Souras bring the square footage of the house for the next meeting. Mr. Guido advised that that information would be available in the assessors office. There were no further questions. Mr. Guido advised that notices will be going out to the neighbors and a public hearing will be held next month.
 

PUBLIC HEARING

No cases.

DECISIONAL MEETING

STACCIO, MARYANNE  # 04-17-01-04

There was no one present for the applicant. Mr. Guido explained that the Staccios want to use a fifty foot road to gain access to lot 1. He advised that he spoke to the Town lawyer and it is OK to sell a strip of property and it would not be a subdivision. One of the lots might be an illegal lot and that will have to be determined at the meeting tonight. Mr. Guido stated that he is not sure if the people selling the property are aware that there might be a problem with that one piece of property in the future. If the variance is granted, one of the conditions should be that a letter is received from the seller stating that they are aware of this problem. There was discussion about how a piece of property could be divided into three pieces and the middle piece sold without there being a subdivision. Mr. Guido again advised that the lawyer said this is legal.

Mr. Guido advised that any stipulations could be attached to a variance if the Board decides to grant one. If the applicant purchased a 100 foot wide piece of property there would be no need for a variance. The question was asked previously of the applicant if they could purchase 100 feet and the Board was advised that the seller would not agree to that. Mr. Guido stated that he personally would like to see the stipulation added that the variance is for one house only on lot 1. If that creates a problem for the other lot that belongs to the Staccios, that is not his concern now.
Also, he would like a certified letter to the seller advising them that they will not be allowed to build off that road either. Mr. Wick feels that if this was a right of way there would be no problem with it.

Mr. Wenzel asked if what the Board is doing is granting a 50 foot right of way. It was explained that this is a variance to allow a lot with 50' road frontage instead of 100' which is required by zoning law. Mr. Wick thinks that 25' is sufficient for a driveway which is what this would be. Fifty feet is required for a Town road. There is nothing to say that if this is granted Mr. Staccio could turn this over to the Town and further subdivide the larger lot. Mr. Britton suggested that an informal poll be taken to see if anyone has a problem with this being 50' wide. Mr. Guido asked if anyone has a problem with fifty feet for the smaller lot. Everyone agreed there was no problem with 50' if it is just for access to lot 1. Mr. Guido asked what other restrictions should be put in. Mr. Martin thinks that the Kohn property be legally subdivided as a condition. Ms. Charuk feels that a right of way should be granted over that fifty feet to Kohns and that there be no further subdivision of the Staccio property. Mr. Guido would like a letter to the Kohns stating that they are aware that they are creating a landlocked piece of property.

It was determined that no decision would be made tonight. A letter will be sent to the Kohns advising that the ZBA has before it a request for a variance concerning their property. The Board feels that the sale of this piece of property might hinder them in the future use of their property and would result in part of it becoming landlocked. It was agreed that a letter would be sent stating this and requesting that they attend the next meeting or send correspondence regarding the matter. A copy will be sent to the applicant also. The decision will be deferred until next month. BOB MARTIN MADE A MOTION TO SEND A LETTER AND NOT VOTE TONIGHT. MOTION SECONDED BY CATHERINE CHARUK. ALL PRESENT VOTED IN FAVOR.

OTHER BUSINESS

Mr. Guido advised that the Town Board will be addressing the issues regarding density, etc. that were discussed previously and sent to them. Mr. Guido stated that he has other issues also such as the Light Industrial district. He feels that it is more restrictive in some ways than R-40. In R-40 you can have a home industry if it is only 1/3 or ½ of your house. In LI it becomes multiple use and you need twice as much property. There were no further issues. A MOTION WAS MADE BY BOB MARTIN TO ADJOURN. MOTION SECONDED BY CATHERINE CHARUK. ALL IN FAVOR. Meeting adjourned at 8:45 p.m.

Respectfully submitted,

Kathleen S. Kiernan
Secretary