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MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
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ACTION OF THE
Appeal No. 3405
Application Dated September
TO:
Mr. and Mrs. Stamatios
North Bayview Road
Southold, NY 11971
ZONING BOARD OF APPEALS
18, 1985 (Pub~ Reaf'~ngs 10/24/85, 12/12/85)
Rapanaki s [Appellant (s) ]
At a Meeting of
the above
on your
the Zoning Board of Appeals held on January 21, 1986,
appeal was considered, and the action indicated below was taken
[ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
Request for Variance to the Zoning Ordinance
Article XI , Section ]00-]18(D)
[ ] Request for
Application of STAMATIOS AND ELENI RAPANAKIS, 2030 Boisseau Avenue,
Southold, NY for a Variance to the Zoning Ordinance, Article XI, Section
lO0-118(D) for permission to reinstate nonconforming two-family dwelling
use at 2030 Boisseau Avenue, Southold, NY; County Tax Map District
1000, Section 55, Block 6, Lot 40.
WHEREAS, public hearings were held on October 24, 1985 and Decem-
ber 12, 1985, in the Matter of the Application of STAMATIOS AND ELENI
RAPANAKIS; and
WHEREAS, the board has considered all testimony and documentation
entered into the record concerning this application, and it is noted
that no public opposition has been received; and
WHEREAS, the board members have personally viewed and are familiar
with the premises in question as well as its surrounding area; and
WHEREAS, the board made the following findings of fact:
1. The property in question is situated along the east side of
Boisseau Avenue in the Hamlet of Southold, Town of Southold, is
located in the Residential and Agricultural Zoning District, and
is identified on the Suffolk County Tax Maps as District 1000,
Section 055, Block 6, Lot 40.
2. The subject property contains a total area of .8193 acreage
with frontage along Boisseau Avenue of 183.05 feet, and is improved
with the following structures: (a) two-and-one-half story frame
house set back 35 feet from the front property line and 44 feet
from the most northerly line [exclusive of right-of-way], (b)
accessory garage structure in the rearyard area, (c) accessory
barn structure at the most northeast corner of the property, all
as shown by survey dated June 25, 1985, prepared by Roderick Van-
Tuyl, P.C.
3. By this application, applicants request a Variance from
the requirements of Article XI, Section lO0-118(D) for permission
to reinstate nonconforming two-family dwelling use of the existing
dwelling structure, which the applicants claim was discontinued
in November 1982 and then used as a single-family dwelling.
(CONTINUED ON PAGE TWO)
DATED: February 4, 1986.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2 Appeal No. 3405
Decision Rendered January 21, 1986.
Matter of STAMATIOS AND ELENI RAPANAKIS
4. Article XI, Section lO0-118 of the Zoning Code provides
as follows:
...Unless otherwise authorized as a special exception by the Board
of Appeals, ...the following provisions shall apply to nonconforming
uses:
...D. Whenever a nonconforming use of a building or premises has
been discontinued for a period of more than two (2) years or has
been changed to a higher classification or to a conforming use,
anything in this section to the contrary notwithstanding, the
nonconforming use of such building or premises shall no longer
be permitted unless a variance therefor shall have been granted
by the Board of Appeals, as hereinafter provided ....
5. Column A-180 of the Bulk and Parking Schedule, and Article
III, Section lO0-30(B)[1], permits a two-family dwelling by special
exception, subject to site plan approval by the Planning Board, and
a minimum lot area of 160,000 sq. ft., minimum lot width of 270 feet,
and minimum lot depth of 250 feet.
6. It is the opinion of this board that since evidence has
not been submitted proving the legality of the subject premises as
a "two-family dwelling use" in existence since the enactment of
zoning, that this board is without authority to grant the variance
applied for.
Accordingly, absent such proof, the subject variance must be
denied.
On motion by Mr. Grigonis, seconded by Messrs. Douglass and
Doyen, it was
RESOLVED, that the relief requested in the Matter of the
Variance Application of STAMATIOS AND ELENI RAPANAKIS under Appeal
No. 3405, BE AND HEREBY IS DENIED.
Vote of the Board: Ayes: Messrs. Goehringer, Douglass,
Grigonis, and Doyen. (Member Sawicki was absent.) This resolution
was duly adopted.
lk
. GERARD P. GOEHRINGEB, CHAIRMAN
February 4, 1986