HomeMy WebLinkAbout1000-18.-2-32 & 33 .
APPEALS BOARD MEMBERS
~,~,~ Gerard P. Chairman
Goehringer,
James Dinizio, Jr.
Lydia A. Tortora
Lora S. Collins
George Homing
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall /,~q~
53095 Main Road
P.O. Box 1179
Southold, New York 11971
ZBA Fax (516) 765-906a
Telephone (516) 765-1809
FINDINGS, DELIBERATIONS AND DETERMINATION
REGULAR MEETING OF MARCH 25, 1999
Appl. No. 4655 - )OHN F. BOYLE and HANDS SERVICE STATION.
STREET & LOCALITY: 24405 Main Road (S.R. 25), Odent, NY
Parcel (part of) i000-18-2-33 - .1. Boyle, Owner.
DATE OF PUBLIC HEARZNG: February 23, 1999 and March 25, 1999
pTNDING$ OF FACT
Ph'-~,n n ino Board
PROPERTY FACTS/DESCP~PTION: The land which is the subject of this application is owned by .1. Boyle and
others and is an L-shaped 50 ft. wide stdp of land commencing from a point along the north side of the Main
Road extending northerly along land of Hands a distance of 217.55 feet, and then extending westerly along
the north side of the Hands parcel a distance of 250.88 feet. This strip of land is situated at the most
southwesterly corner of the Boyle parcel identified on the Suffolk County Tax Maps as District 1000, Section
18, Block 2, Lot 33.
The parcel adjoining this area to the west and south is the Orient Service Center, owned by William Hands,
zoned "B General Business." The use of this property has been for gasoline sales and repair, established prior
to 1957 (enactment of zoning). The section of land owned by Boyle which is the subject of this application
land is unimproved and is used for parking and storage of automobiles by the Service Center.
BASIS OF APPEAL: The Building Inspector's November 18, 1998 Notice of Disapproval citing Article III,
Section 100-31 and that "the proposed lot line change will create a nonconforming use (automobile storage)
in the R-80 Residential Zone District."
RELIEF REOUESTED: To allow continued use of the strip of Boyle land, zoned R-80, for parking and storage
of automobiles by Orient Service Center after such strip is conveyed to Hands and merged with land idenUfied
as Parcel No.
1000-18-2-32 (Orient Service Center).
REASONS FOR ACTION OF THE BOARD:
Zoning Code Section 100-241 permits a preexisting nonconforming use to continue despite ownership change,
provided the use is not altered, enlarged or discontinued for over two years, applicant has submitted sworn
affidavits attesting use of the parcel for parking vehicles at the service station since before the enactment of
zoning in 1957 and discontinuance having been only seasonal and for less than two years. Under Code
Section 100-241, this use may be continued after ownership of the parcel is transferred from Boyle to hands.
ACT[ON OFTHE BOARD: On motion by Member Collins, seconded by Chairman Goehringer, it was
RESOLVED, ~o REVERSE the Building Department Notice of Disapproval of November 18, 1998
because the preexisting nonconforming use may continue
Page 2 - Appl. No. 4655
Re: Boyle (p/o 1000-18-2-33) ~
Southold Town Board of AppeaL~
for so long as the conditions of Code Section 100-241 are satisfied.
VOTE OF THE BOARD: AYES: MEMBERS GOEHR[NGER, DINIZIO, TORTORA, AND COLLINS.
(Member Horning of Fishers Island was absent during this Reso~tio~30 T~s Resolutioll_~as duly a~opted
/ GERARD P. GOEHRINGER- /
CHAIRMAN ~/
For filing on 3/29/99
1000-18--2-p/o 33 (and 32)
· 'LANNING BOARD MEMBI01~
BENNETT ORLOWSKI, JR.
Chairman
WILLIAM J. CREMERS
KENNETH L. EDWARDS
GEORGE RITCHIE LATHAM, JR.
RICHARD G. WARD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-3136
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOV~N OF SOUTHOLD
TO:
FROM:
RE:
DATE:
Gerard P. Goehringer, Chairman, Board of Appeals
Robert G. Kassner, Site Plan Reviewer ~
Hands/Boyle Lot Line Change
Main Road, Orient
SCTM# 1000-18-32 & 33
March 16, 1999
The Planning Board has reviewed the above proposal. It is recommended
that the area enclosed by the Right-of-Way be 80,000 square feet in area.
Mr. Hughes has been informed of the Board's recommendation.
ROBERT S. HUGHES
A ttorae? at: Law
Telepfio~, ~516) 477-,~700
Fa~: (516) 477~0955
Southold Town Planning Board
Main Road
Southold, New York 11971
March 16, 1998
RE: Proposed Set-off SCTM 1000-18-2-32 and 1000-18-2-33.
Dear Sks,
This office has been retained by Mr. William Hands to represent his interests in a proposed
Set-offconceming the above-referenced parcels. There is on file in your office a survey which
shows what my client and his neighbor, Mr. John Boyle, are proposing.
The purpose of this letter is to request that this project be placed on the agenda for your
next work session so that we can have a preliminary discussion concerning such issues as access
to the northerly parcel.
I look forward to hearing f~om you in the near future. Thank you.
Southold Town
Planning Board
L
RODERICK VAN TUYL (L,S.)
COLIN VAN TUYL
RI3DERICK
Licensed Land Surveyors
218 FRONT STREET
GREENPORT. NEW YORK 11944
VAN TUYL, P.C.
(E16) 477~ 70 ~'~ / ~
Nov. 18, 1996
DESCRIPTION: 50-foot wide easement to William Hands over
land formerly of William Habermann.
Beginning at a point on the northerly line of Main
Road,. 10.0 feet westerly along said line from the south-
westerly corner of land of Wysocki; running thence along
said northerly line of Main Road S.65°17'30"W.- 50.19
feet; thence through land now or formerly of Habermann
three courses: (1) N.29°43'40"W.-217.55 feet; thence
(2) S.75°42'20"W.-144.69 feet; thence (3) S.44°50'00"W.-
106.19 £ee~ ~o a point on the easterly line
of Helene $chmid~, said po±nt being ~.4l°0~00"W.-214.50 feet
northerly along said land of Schmidt from the northerly line of
Main Road; thence along said land of Schmidt N.45°lO'00"W.-
50.0 feet; thence through said land now or formerly of Haber-
mann three courses: (1) N.44°50'OO"E.-120.0 feet; thence
(2) N75°42'20"E.-196.57 feet; thence (3) S.29°43'~!~.E.-
260.0 feet to the point of beginning. ~,~.~ /
~ ?
To William Hands
SUBMISSION WITHOUT COVER LETTER
JOHI,~ ~ CATH_PFi~h4~ BOYLE
5~5 ~0 CC, E.
JOHM 8QYLE Z
3i0.,
STATE OF NEW YOfi.E
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MAP
977. S2
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JOHN
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