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HomeMy WebLinkAbout3761 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHrlLD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 ACTION OF THE BOARD OF APPEALS Appeal No. 3761: Application of ELSIE D. YOUNG for a Variance to the Zoning Ordinance, Article III, Section 100-30(15)(M) to allow conversion of dwelling for Accessory Apartment with Certificate of Occupancy dated after January 1, 1984, although Affidavit of Building Inspector indicates dwelling met the requirements of a Certificate of Occupancy had application been made in a timely fashion. Location of Property: 480 Grissom Lane, Southold, NY; County Tax Map Parcel No. 1000-78-1-10.3. WHEREAS, a public hearing was held and concluded on Octo- ber 6, 1988 in the Matter of the Application of ELSIE D. YOUNG under Application No. 3761; and WHEREAS, 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, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, appellant requests a Variance from Article III, Section 100-30, Subsection B{15}(M) of the Zoning Ordinance, which provision states as follows: ...The building which is converted to permit an acces- sory apartment shall be in existence and have a valid certificate of occupancy issued prior to January 1, 1984 .... Page 2 - Appl. No. 3762 Matter of ELSIE D. YOUNG Decision Rendered November 16, 1988 2. Under Application for a Special Exception filed and considered under same dates herewith, (File No. 3760), applicant proposes to establish a new "Accessory Apartment" within the existing principal (dwelling with garage) structure, as more particularly shown on the sketched plans submitted with the application prepared by William Young. 3. The premises in question is located in the "A-40" Residential and Agricultural Zoning District, containing a total area of approximately 40,000 sq. ft. and road frontage of 135+- feet along Grissom Lane. 4. The subject premises is improved with a single-family dwelling structure with attached garage as more particularly shown on the survey prepared by Roderick VanTuyl, P.C., revised April 8, 1985. 5. The area to be occupied as an "Accessory Apartment" is at the northerly end of the existing structure and will contain a living area of approximately 528 square feet (within an area 24'6" x 22') as shown on the sketch floor plan submitted with this application. The remaining floor area will continue to be used as the principal single-family residence of the owner. 6. Article III, Section 100-30(B) permits the establishment of such use, subject to conditions (a) thereof. through (p) 7. Subsection "m" thereof provides that "...the building which is converted to permit an accessory apartment shall be in existence and have a valid Certificate of Occupancy issued prior to January 1, 1984." Although a Certificate of Occupancy was not validated until after January 1, 1984, it is hereby determined that the documentation submitted is sufficient and the applicant has complied with this specific requirement, entitling her to same (see Affidavits, etc.). 8. It is the position of this Board that this variance application must be dismissed since the Board is without jurisdiction to vary the conditions of a Special Exception; (Knadle v. ZBA of Huntington, 121 A.D. 2d 447 (1986); Roginski v. Rose, et al., 63 N.Y. 2d 735 (1984). 9. A parking plan has been submitted in behalf of the applicant depicting the area immediately east along the front section of the dwelling. The Bulk and Parking Schedule of the Code requires two spaces for the one-family principal use, and the Accessory Apartment will be required to have two parking spaces, for a total of four. (Each available garage space would be permitted as one parking space, when appropriate.) Page 3 - Appeal No. 3761 Matter of ELSIE D. YOUNG Decision Rendered November 16, 1988 Accordingly, on motion by Mr. Sawicki, seconded by Mr. Goehringer, it was RESOLVED, that the relief requested in the Variance Application for ELSIE D. YOUNG under Appl. No. 3761, BE AND HEREBY IS DISMISSED for the reasons stated in paragraph 8, supra. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Sawicki and Dinizio. (Absent was: Member Grigonis (out of state). This resolution was duly adopted. lk GERARD P. GOEHRINGER, ~IRMAN RECEIVED AND FILED BY THE SOUTHOLD TOWN DATE /~/~/%~ HOUR Town CI,~r~., Town of ::ouk.o!~