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Southold Town Board of Appeals
MAIN ROAD- STATE: ROAD 25 SOUTHOLD, L.I., N.Y. 11g71
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3151
Application 'Dated June 23, 1983
TO: Mr. Garrett A. Strang, as agent for
RVSS, INC. d/b/a RAZMATAZ and DAVID SALAND
P.O. Box 1412
Southold, NY 11971
(Public Hearing held July 28, 1983)
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on September 13~ 1983
the above appeal was considered, and the action indicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[X] Request for Variance to the Zoning Ordinance
Article XI , Section 100-112(H)
[ ] Request for
The public hearing on this matter was held on July 28, 1983.
Upon application for RVSS, Inc. (Razmataz), by Garrett A. Strang,
Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article
III, Section 100-112(H) for permission to develop and use parking on
adjacent (leased) property identified as County Tax Map Parcel No.
1000-125-01-19.1; 1000-122-06-36; and located at the north side of
Main Road (S.R. 25), Mattituck, NY.
The board made the following findings and determination:
By this appeal, applicant seeks a variance from Article XI,
Section 100-112(H) which requires parking "...spaces ...be in the
same ownership as the use to which they are accessory... " The
premises in question is located in a "B-1 General Business" District
and is approximately one-half acre in size with 115' frontage along
the Main Road. Existing on the premises is a two-story structure
containing a square footage of approximately 1,136 and patio approxi-
mately 26' by 42' which is the subject of the "leased parking."
Upon information and belief, the building department has
permitted a maximum occupancy for the building without the subject
patio at 127 persons, and a maximum occupancy of the patio area at
70 persons. Applicant has proposed a total of 47 parking spaces, 19
spaces on the adjacent parcel now of Joseph Crenshaw (on the west),
and the remaining 28 spaces on the applicant's parcel now of David
Saland (1000-122-6-36). An agreement has been executed by both
parties (Crenshaw and Buckinski, for Razmataz) for permission to use
adjoining premises on the west for a period of 10 years commencing
June 6, 1983 for the purpose of parking employee and/or customer
vehicles.
For the record, it is noted that the lot being leased for
parking is Lot #4 of Minor Subdivision for Mattituck Holding Co.,
Map #274, approved by the Southold Town Planning Board in February
1983. Also, on July 11, 1983, the Planning Board approved the
June 20, 1983 site plan herein with several conditions.
In considering this application, the board determines: (a)
that the relief requested will be in harmony with and promote the
general purposes and intent of zoning; (b) that the plight of
DATED:
Form ZB4
(CONTINUED ON PAGE TWO)
September 23, 1983. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
(rev. 12/81)
Page 2 - Appeal No. 3151
Matter of RVSS, Inc. (RAZMATAZ)
Decision Rendered September 13,
1983
the owner is due to unique circumstances; (c) that the use will
not alter the essential character of the neighborhood; (d) that
the use will not prevent the orderly and reasonable use of adja-
cent properties or of properties in adjacent use districts; (e)
that the use will not prevent the orderly and reasonable use of
permitted or legally established uses in the district wherein the
proposed use is to be located, or of permitted or legally estab-
lished uses in adjacent-use districts; (f) that no adverse effects
will be produced on available governmental facilities of any
increased population; (g) that the difficulty cannot be obviated
by a method other than a variance; (h) that the safety, health,
welfare, comfort, convenience and order of the town will not be
adversely affected by the relief requested; and (i) that the
interests of justice would best be served by allowing the variance,
as indicated below.
On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was
RESOLVED, that Appeal No. 3151, application for RVSS, INC.
(RAZMATAZ), for permission to use adjoining premises for additional
off-street parking for occupancy of the patio area, BE AND HEREBY
IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS:
1. That this variance shall be in effect only during the
period of the agreement of parking;
2. That copies of renewed agreements, if any, shall be
furnished for the departments of the: (a) building inspectors and
(b) Zoning Board of Appeals, prior to the expiration of pending
agreement~
3. Planning Board action (fencing, egress, ingress, et cetera).
Location of Property: North Side of Main Road, Mattituck, NY;
County Tax Map Parcels No. 1000-125-01-19.1 and 1000-122-06-36.
Vote of the Board: Ayes: Messrs. Doyen, Grigonis and
Sawicki. Member Goehringer abstained. Member Douglass voted: Nay
(Member Douglass felt the executed letter was not in its legal form.)
This resolution was adopted by majority vote.
iECEIVED AND FILED BY
SOU 'HO D
DATE/D ~/g_5 HOUR / ~ ~
CHARLES GRIGONI~, JR.
CHAIRMAN PRO TEM
September
~ , 1983