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Home My WebLink About1000-18.-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 // MAP 977. S2 Li~E CHAh4GE S.45 lO oO E. JOHN 5,G3,80 977.52 V1AP ~ $,4t~O8'E / _h4,5C, ,',~ OF Pf?OPOSE,D LiNE MAO~ _WI L, L._J.~M A. JONN BOYLE ~OTNE~S , ' JAIl 2 31!~5 SCALE-IO0'q"