Loading...
HomeMy WebLinkAbout3911 Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZlO, JR. Appl. No. 3911. ACTION OF THE BOARD OF APPEALS Matter of WALTER RAFFERTY - Application for a Variance to the Zoning Ordinance, Article XXIV, Section 100-241A, (Article ~DfVIII, Section 100-281 (3) as disapproved by the Building Inspector) for permission to construct additions and alterations to "garage with apartment" structure. Property Location: East End Road,~ Fishers Island, NY; County Tax Map District 1000, Section 003, Block 07, Lot 005. WHEREAS, public bearings were held both on March 15, 1990 and on May 15, 1990 under this application, and as amended to include not only a variance as to proposed additi0rls and alterations but also to reinstate use of said garage structure as a legal nonconform - ing second dwelling; WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the immediate surrounding areas; and 1. The premises in question is situate along Middle Farms Pond at the East End of Fishers Island, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 003, Block 07, Lot 005. 2. The subject premises contains an area of 6.23+- acres (includ- ing wetland and upland areas) and is improved by two buildings, as follows: Page 2 - Appl. No. 3911 Appl. of Walter Rafferty Decision Rendered May 30, 1990 (a) principal (main) single-family dwelling situated at the northern portion of the premises(at elevations above 35 feet above mean sea level) and near center between the two side property lines (the setbacks of the buildings have not been provided for reference); (b) separate "garage" or accessory structure containing approximately 616 sq. ft. of first floor area, and situated easterly of the principal dwelling and closest to the east property line. ~he dimension of the accessory structure as exists is 22' x 28' (+-). 3. This application is an appeal from the January 2, 1990 determination of the Building Inspector and from the April 13, 1990 determination of the Building Inspector based on a "permit to alter and make habitable" requested caretaker garage for living quarters which has been dormant for more than two years and has lost its legal nonconformity and use thereof as living quarters. 4. Article XXIV, Section 100-241A of the Zoning Code provides as follows: "...Except as provided hereinafter, nonconforming use of buildings or open land existing ...may be continued indefinitely, except that such building or use: A. Shall not be enlarged, altered, extended, re~nstructed or restored or placed on a differ- ent portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever .... " 5. The building plans dated November 29, 1989 prepared by James Volney Righter Architects show substantial renovations and an addition for two stories approximately doubling the existing floor area of the accessory building. The size of the building would also be increased from the existing 22' x 28' to 22' x 56~' (without the deck extension at the southerly end of the building. The uses of the rooms in the proposed addition are for two new bathrooms, two new bedrooms, laundry room, and the remaining sections of the building would be substantially renovated and renewed to provide a full kitchen with cooking and electrical facilities and living room. Page 3 - Appl. No. 3911 Appl. of Walter Rafferty Decision Rendered May 30, 1990 6. For the record it is noted that the February 21, 1989 survey prepared by Chandler Palmer & King, L.S. show an "existing garage" and proposed new location of new septic system to be located north of the structure. 7. It is also noted that copies of a modified survey were submitted showing all structures on the property; however, the original survey as prepared August 1957 (without recent modifica- tions by JVR Architects for the subject addition) was not furnished° 8. It is the position of this Board that the record herein clearly shows that the subject building has for more than two years, in any continuous period of time from 1958, and perhaps before 1958, remained dormant and has not been used a habitable quarters, with the exception for possibly several hours, or even a day, as "sleep" or "playing" area for one or more children. No proof has been submitted for the record to show that there was clear intent to use this building for habitable quarters for any period of time. It is the Board's knowledge that the building has depreciated by 50% or more, and that the building is in an aban- doned state, and has been for at least 30 years. 9. Accordingly, it is the determination of this Board that (a) sufficient proof has not been furnished to warrant a grant of the variances requested; (b) the relief requested is substantial in relation to the zoning requirements; (c) the proposal is not consistent with those generally existing in the neighborhood; (d) that there is another method available for appellants to pursue other than a variance; (e) the spirit and intent of the zoning ordinance will be served by denying the ralief in this request, as presented; (f) the relief requested is not minimal, and the variances are substantial in relation to the re quirenents; (g) the spirit of zoning is to restrict and not increase (or add) nonconforming uses, and to eliminate such uses as speedily as possible except in cases where great hardship has resulted. NOW, THEREFORE, on motion by Mr. Dinizio, seconded by Mr. Goehringer, it was Page 4 - Appl. NO. 3911 Appl. of Walter Rafferty Decision Rendered May 30, 1990 RESOLVED, to DENY the relief requested under Appl. No. 3911 in the Application of Walter Rafferty to reinstate nonconform~g accessory garage structure for habitable quarters and to DENY the relief requested to enlarge and substantially alter garage structure for said requested habitable quarters. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio, Doyen and Sawicki. Absent was: Member Grigonis (illness ). This resolution wad adopted by unanimous vote of all the members present. RECEIVED AND FILED BY THE SOUTHOLD TOWN CT.~.RK Town Clerk, Town of Southold GERARD P. GOEH~~N