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APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
Joseph H. Sawicki
James Dinizio, Jr.
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
Appl. No. 3978
ACTION OF THE BOARD OF APPEALS
Upon Application of DONALD AND DOROTHY SWAHN. Variance to
the Zoning Ordinance, Article IIIA, Sections 100-30A.3 and
Section 100-32 for approval of insufficient lot area and width
(frontage) of two proposed parcels, each with an existing
dwelling, in this pending division of land. Zone District:
R-40. Location of property: South Side of Park Avenue,
Mattituck, NY; County Tax Map Parcel No. 1000-123-8-8.
WHEREAS, a public hearing was held on November 1, 1990, and
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, Board Members have personally viewed and are
familiar with the premises in question, its present zoning,
the surrounding areas; and
and
WHEREAS, the Board made the following findings of fact:
1. The premises in question is located in the "Low-Density
Residential R-40" Zone District and is referred to as District
Page 2 - Appl. No. 3978
Matter of DONALD SWAHN
Decision Rendered November
15, 1990
1000, Section 123, Block 08, Lot 008 on the Suffolk County
Tax Maps, with frontage along the southerly side of Park Avenue,
Mattituck and frontage along Great Peconic Bay.
2. The subject premises as exists:
(a) contains a total combined lot area of 1.25+-
acres;
(b) was conveyed separately by deed at Liber 2760
page 475 and by deed at Liber 4521 page 343.
3. Article III, Section 100-32, and Article IIIA, Section
100-30A.3 of the current zoning code (as amended January 9,
1989) requires a minimum lot area per lot of 40,000 square feet
in this R-40 Zone District.
4. The relief sought by this application is a variance for
approval of:
(a) proposed northerly lot referred to herein as Lot
#1 with an approximate total lot area of 20,000 sq. ft., and lot
width of 100.22 feet along Park Avenue; inclusive of the
right-of-way/driveway area to the southerly dwelling structure,
(b) proposed southerly lot referred to herein as Lot
#2 with an approximate total lot area 39,000 sq. ft., inclusive
of land under the highwater mark, and lot width at the building
line of 100 feet.
5. For the record, it is noted that the immediate area of
the subject premises does not lend to the grant of further
variances. Under this application, the premises is improved
with two dwelling structures which preexisted the zoning
ordinance, which is in the Board's position sufficient for the
grant of the lot lines. There will be no increase in density
for the creation of the second lot since there is one dwelling
existing for each.
6. In considering this application, the Board also finds
and determines: (a) the relief as granted is substantial in
relation to the requirements; (b) the evidence submitted and
practical difficulties claimed are sufficient to warrant a
Page 3 - Appl. No. 3978
Matter of DONALD SWAHN
Decision Rendered November 15,
1990
grant of this variance; (c) there will be no substantial
change in the character of the neighborhood, and a precedent
would not be set since adjoining properties have not been held
in single and separate ownership at any time since the enactment
of zoning in 1957 {except as an entire tract of more than
43,560+- square feet); (d) the difficulties cannot be
obviated by some method feasible to the appellant to pursue,
other than a variance; (e) that in view of the manner in
which the difficulties arose, and in considering all the above
factors, the interests of justice will be served by granting the
variance, as conditionally noted below.
Accordingly, on motion by Mr. Dinizio, seconded by
Mr. Goehringer, it was
RESOLVED, to GRANT the relief as requested (and noted in
paragraph #4, supra), in the Matter of the Application of DONALD
SWAHN under Appl. No. 3978, SUBJECT TO THE FOLLOWING
CONDITIONS:
1. That there be no further subdivision, set-off or
conveyance of land other than that as applied for.
2. That a minimum of 22,000 square feet be applied to the
northerly improved lot (inclusive of right-of-way ten feet in
width) and the remaining lot area be applied to the southerly
improved lot.
3. That a survey, prepared by a licensed surveyor,
certifying the above dimensions and general layout be submitted
and accepted by the Board of Appeals.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen and
Dinizio. (Absent were Member Grigonis (out-of-state) and Member
Sawicki.) This resolution was duly adopted.
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RECEIVED AND F!SED BY
THE SOUTHOLD TOV H CI. L':K
DATE/ /0/ 0 HOUR'
Town Clerk, Town of Scuff:old