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HomeMy WebLinkAbout3988APPEALS BOARD MEMBERS Gerard P. Ooehringer, Chairman Chades Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Ir. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD Appeal No. 3988: Application of ANTONIO VANGI. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Article XXIII, Section 100-239.4A for permission to construct addition to dwelling with a setback of less than 100 feet from the top of the bluff along the Long Island Sound and with side yards at less than that required. The dwelling as exists is nonconforming as to total sideyards, and the lot area and width are nonconforming in this R-40 Zone District. Location of Property: 645 Glen Court, Cutchogue, NY; County Tax Map Designation: 1000-83-1-- 7. WHEREAS, the verbatim portion (public hearing) of the record was held on November 29, 1990, March 22, 1991, and April 30, 1991; and W~EREAS, at said hearings all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and thc surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the northerly side of Glen Court in the Hamlet of Cutchogue, Town of Southold, containing a total lot area of approximately 25,500 sq. ft., and is identified on the Suffolk County Tax Maps as District 1000, Section 83, Block 1, Lot 7. Page 2 Appl, No. 3988 Matter of ANTONIO VANGI Decision Rendered May 23, 1991 2. The subject premises: (a) is improved with a one and one-half story single-family dwelling structure set back at its closest point 35 feet from the front (southerly) property line; 15.5 feet and 20.8 feet from the easterly (side) property line; 17 feet and 22.8 feet from the westerly (side) property line, and approximately 55 feet from the northerly (rear) property line; (b) is known and referred to as Lot #1 on the subdivision Map of Vista Bluff, although nonconforming as today's lot area requirements for the R-40 Zone District. to 3. Appellants are requesting permission to construct a 12' wide x 28' deep garage addition at the westerly side of the dwelling leaving a reduced side yard setback at 5.8 (at its closest point). The total side yards would be reduced from 32.5 feet to 21.3 feet. 4. Article XXIV, Section 100-244B of the zoning code provides for a setback at not less than 10 feet as a minimum in one side yard, and minimum of 15 feet in the other side yard, for a total of both sides yards at not less than 25 feet. 5. It is the opinion of the Board that the relief requested for a setback of 5.8 feet to the property line is substantial in relation to the requirement. 6. In considering this application, the Board also finds and determines: (a) that the grant of the variance would set a prece- dent which in turn will be adverse to the essential character of the neighborhood; (b) the hardship is self-created in that a garage had existed at the easterly side of the dwelling structure, and the garage was improperly converted to additional living area; (c) the variance requested is not the minimum necessary to afford relief; (d) in considering all of the above factors, the interests of justice will be served by denying the variance Page 3 - Appl. No. 3988 Matter of ANTONIO VANGI Decision Rendered May 23, 1991 requested. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Villa, it was RESOLVED, to DENY the variance as applied under Appl. No. 3988 - Matter of Antonio Vangi for a proposed garage addition with a setback at 5.8 feet at its closest point to the westerly property line. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and Villa. (Members Doyen and Grigonis were absent.) This resolution was duly adopted. lk GERARD P. GOEHRIt~GER~RMAN RECEIVED AND FILED BY THE SOUTH©LD DATE