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HomeMy WebLinkAbout4048 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTt 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 OF APPEALS Appeal No. 4048: Application for BURT LEWIS, JR. Variance to the Zoning Ordinance, Article III, Section 100-32, and Article XXIV, Section 100-243 for approval of office addition resulting in an expansion of the existing nonconforming use and increasing the degree of nonconformance of the building setback in the front yard area. The subject parcel is substandard in size and is located in the Agricultural-Conservation (A/C) Zone District. Location of Property: 6920 Main Road, Laurel, NY; County Tax Map No. 1000-126-01-4.1; also referred to as Lot Nos. 1 & 2 on the Map of George I. Tuthill (1929). WHEREAS, a public hearing was held on August 15, 1991 and at said hearing 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, the present use and zone district, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question: (a) is a parcel of land shown on the subdivision "Map of George I. Tuthill" as Lot Nos. 1 and 2 (combined as one parcel under zoning) and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 126, Block 1, Lot 4.1; (b) is presently improved with a one-story building with addition, more particularly depicted on the November 20, 1987 survey, amended May 7, 1991, prepared by Roderick VanTuyl, P.C.; ~age 2 - September 12, 1991 Board of Appeals Special Meeting Matter of Appl. No. 4048 - BURT LEWIS, JR. (c) contains a total lot nonconforming lot area of 16,589 sq.ft, and nonconforming lot width of 104.06 ft. along the northerly property line off of the Main Road (State Route 25) in the Hamlet of Mattituck, Town of Southold; (d) is improved with a small principal building which existed prior to 1965 of a size of 30 ft. x 18 ft. and which preexisting building contains nonconforming building setbacks as follows: (1) from the north (front) line at 8'8", (2) from the east (side) line at 15" {or 1'3"}. (e) is located in the A-C Agricultural-Conservation Zone District as adopted by the Master Plan of January 10, 1989. Minimum requirements applicable to this substandard parcel under Section 100-244 of the current zoning code are: (1) lot width 80 ft. (2) front yard setback 35 feet; (3) side yard setback 15 feet; estate office, amendments. contains a nonconforming principal use as a real which preexisted the new Master Plan use district 2. By this application, appellant requests a variance for a 20' by 20' one-story addition for expansion of the existing single real-estate office. The degrees of nonconformance increased by this project are: (a) existing nonconforming use as a real estate office increased by 400 sq. ft. for office/floor area, for a total building floor area of 940 sq. ft.; (b) front yard setback expansion of 20 feet x 20 feet, (all of which is within the jurisdiction of the Board of Appeals since all 400 sq. ft. is that area normally mandated for a 35 ft. front yard area by the code), or 72% of an increase over the existing floor area. 'P~ge 3 - September 12, 1991 Board of Appeals Special Meeting Matter of Appl. No. 4048 - BURT LEWIS, JR. I~ECEIVED AND FILED BY THE SOUTHOLD TOWN CLF2~ DATE~,/~c~/~/ HOUR ~ ,r ~.f. 3. In considering this application, t]~e Board also finds: (a) that the relief, as conditionally noted below, will not be adverse to the essential character of the neighbor- hood; (b) that the relief, as conditionally noted below, will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (c) that the variance will not create an increase in any dwelling unit density or cause a substantial effect on available governmental facilities; (d) that the relief, as conditionally noted, is feasible for appellant to pursue; (e) in considering all of the above factors, the interests of justice will be served by granting variance relief, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT relief for a 20' by 20' addition for expansion of the floor area of the existing principal office use, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the existing bluestone, blacktop or any hard pan cover shall be removed from the edge of the building and new addition to the front property line and replaced with soil and a planted lawn, perhaps with low shrubs, for appropriate screening of the front area. No vehicles shall be parked at any time in the front of existing building (front yard). Grass and shrubs must be continuously maintained in good condition at all times. 2. This variance will be held in abeyance pending inspection and written approval by the Board of Appeals. (No Certificate of Occupancy may be issued until written approval has been issued by the Board of Appeals). 3. Egress and ingress shall be to the south/west blacktop or bluestone parking area. VOTE OF THE BOARD: Ayes: Messrs. Goehringer, Dinizio and Villa. (Members Grigonis and Doyen were absent. ) This resolution was duly adopted.