HomeMy WebLinkAbout3760APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWlCKI
JAMES DINIZIO, JR.
Southold Town Board of Appeals
HAIN RDAD- BTATE RDAD 25 SDUTHDLD, L.I., N.Y. 11971
TELEPHONE (516) 765 1809
ACTION OF THE BOARD OF APPEALS
Application of ELSIE D. YOUNG for a Special Exception to
the Zoning ordinance for permission to establish Accessory
Apartment in an existing dwelling structure in accordance with
the requirements of Article III, Section 100-30B, subsection
15. 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. 3760; 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 made the following findings of fact:
1. By this application, appellant requests a Special
Exception to the Zoning ordinance, Article III, Section 100-30,
subsection B{15} for permission 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.
2. 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.
3. The subject premises is improved with a single-family
dwelling structure with attached garage as more particularly
shown on the survey prepared by Roderick VanTu¥1, P.C., revised
April 8, 1985.
Page 2 - Appl. NQ. 3160
~atter of ELSIE D. YOUNG
Decision Rendered November
16, 1988
4. 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.
5. Article III, Section 100-30(B) permits the
establishment of such use, subject to conditions (a)
thereof.
through (p)
6. 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.
7. It is noted for the record that under Appeal No. 3761,
a Variance has also been filed and processed simultaneously
herewith requesting relief from Condition "m" under Article III,
Section 100-3)(B){15}. (The subject variance was dismissed
since the Board is without jurisdiction to vary the conditions
of a Special Exception--see paragraph #6, supra, alternatively;
Knadle v. ZBA of Huntington, 121 A.D. 2d 447 (1986); Roginski v.
Rose, et al., 63 N.Y. 2d 735 (1984).
8. A parking plan has been submitted in behalf of the
applicant depicting the area irmmediately 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.)
In considering this application, the Board finds and
determines that: (a) the use requested will not prevent the
orderly and reasonable use of adjacent properties or of
properties in adjacent use districts; (b) the use will not
adversely affect the safety, welfare, comfort, convenience or
order of the town; (c) the use is in harmony with and will
promote the general purposes and intent of zoning. The Board
has also considered subsections {a} through {1} of Article XII,
Section 100-121(C){2} of the Zoning Code.
Page 3 - Appl. No. 3~60
'Matter of ELSIE D. YOUNG
Decision Rendered November 16,
1988
Accordingly, on motion by Mr. Sawicki, seconded by
Mr. Goehringer, it was
RESOLVED, that a Special Exception for an "Accessory
Apartment" as provided in Article III, Section 100-30(B){15} of
the Zoning Code, in the Matter of ELSIE D. YOUNG under Appl. No.
3760, BE AND HEREBY IS APPROVED SUBJECT TO COMPLIANCE WITH
SUBSECTIONS (a) through (p) of the Zoning Code, as applied.
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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nECE!VED AND BY
TEE ~O~,:~O~.D ?~_~%-,'N CLERi,[
Town ~..a~'., Town of Southold
GERARD P. GOEHRINGER, CHAIRMAN