HomeMy WebLinkAbout1000-4.-3-10
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Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
ZBA Fax (516) 765-9064
Telephone (516) 765-1809
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MAY 07 1998 .
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APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S. Collins
George Homing
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
ADOPTED AT REGULAR MEETING OF APRIL 30, 1998
Appl. No. 4556 - THOMAS KEAN
PARCEL 1000-4-3-10, 1000-4-2-1, 1000-4-1-1.
STREET & LOCALITY: Easterly End of East
known as Oriental Avenue), Fishers Island
DATE OF PUBLIC HEARING: April 16, 1998
Southold Town
Planning Board
End Road (sometimes
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION:
The property identified as 1000-4-3-10 is located along East End
Road, Fishers Island, Town of Southold, along the shore of block
Island Sound and West Harbor (a/k/a Fishers Island Sound). The
premises contains a total combined area of 9.03 acres, and is
referenced in the 1986 deed and survey of the owner-applicant as
former "Lots 4A and 4B of Block 12."
The February 7, 1986 survey prepared by Chandler Palmer and King
shows that the subject premises is improved with single-family
dwelling with attached pool addition, separate accessory building
labeled "cottage" (the subject building), and an accessory storage
shed. The architect for the applicant states that the subject
accessory building has been used as for sleeping quarters by guests
of the family, with bedroom and bath areas, and that there is no
intention in this expansion request to change this accessory use to a
dwelling or cottage use.
BASIS OF APPEAL: Building Inspector's November 10, 1997 Action
of Disapproval which reads as follows:
. . .application for a permit to construct addition to an
existing non-conforming guest cottage is disapproved on
the following grounds: An existing building with a
nonconforming use shall not be enlarged, altered, extended,
reconstructed, or restored... pursuant to Article XXIV,
Section 100-241A....
VARIANCE RELIEF REQUESTED BY APPLICANT: The request made
by applicant is to expand the existing 484 sq. ft. one-story
accessory building which contains bedroom and bath areas, to "gain
an extra bedroom and bath and at the same tie update the design in
keeping with the main house, Exhibits 5 and 10...." The size of
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Page 2 - Appl. No. Is
Re: 1000-4-3-10 (Kean)
ZBA Meeting of April 30,
.
1998
REASONS FOR BOARD ACTION, DESCRIBED BELOW:
(1) The granting of. the area variance will not produce an
undesirable change in character of neighborhood or a detriment to
nearby properties because there are over nine (9) acres of land area
and the building is consistet with the neighborhood.
(2) The benefit sought by the applicant cannot be achieved by some
method, feasible for applicant to pursue, other than an area variance
because applicants wants a separate sleeping area for his guests.
(3) The proposed variance will not have an adverse effect or impact
on the physical or environmental conditions in the neighborhood or
district because this project does not entail any change in land or
land use.
(4) The situation has been self-created.
In considering this application, the Board deems this action to be
the minimum necessary and adequate, and at the same time preserves
and protects the character of the neighborhood, and the health,
safety, welfare of the community.
RESOLUTION/ACTION: On motion by Member Horning, seconded
by Member Dinizio, it was
RESOLVED, to APPROVE the variance as applied for AND SUBJECT
TO THE FOLLOWING CONDITIONS:
1. Total floor area of living unit in this accessory building,
including the newly extended area where the shed is presently
located, shall not exceed the size requested herein.
2. The use and occupancy of this accessory building shall be
seasonal and only used by non-paying family members or guests of
the resident-family of the premises, and shall be seasonal, from
April to November.
3. The accessory building shall not be rented or leased as a
separate unit, and shall continue to remain accessory and incidental
to the main building.
4. No further expansion of sleeping area shall be permitted.
5. No cooking or kitchen facilities in this building to be
permitted.
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Page 3 - Appl. No. 16
Re: 1000-4-3-10 (Kean)
ZBA Meeting of April 30,
.
1998
6. This approval permits an expansion of a guest house and as a
condition of this approval we require that there be no subdivision of
this nine-acre parcel.
7. The right to inspect this seasonal unit as to the above
conditions shall be reserved to the ZBA Chairperson and one other
ZBA member, prior to the issuance of a new Certificate of Occupancy
by the Southold Town Building Inspector for this building.
VOTE OF THE BOARD: AYES: M RS G~,
TORTORA, COLLINS, AND HO C ~~
,GERARD P. GOEHRINGER, CHAIR
'Approved for Filing on 517
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