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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.
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GERARD P. GOEHRINGER, ~IRMAN
RECEIVED AND FILED BY
THE SOUTHOLD TOWN
DATE /~/~/%~ HOUR
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