Categorized | Government

Sag Harbor ZBA Grants Partial Parking Variance for LT Burger Building

Posted on 18 July 2013


By Kathryn G. Menu

Bur-Mac LLC, the 62 Main Street, Sag Harbor building owned by attorney Edward Burke, Jr. was approved for a parking variance Tuesday night that will legalize a change of use from an existing second and third floor apartment to an office space. The board also agreed to nullify a previous ruling from 2005 that allowed a second apartment space to be converted into another office, allowing it to remain a living space.

What the Sag Harbor Zoning Board of Appeals did not rule on was a request for a parking variance to allow the ground floor restaurant, LT Burger, to expand seating.

Attorney Brian DeSesa, representing Burke, asked to table that portion of the application – which would require a variance for 10 parking spaces – pending an ongoing discussion by the Sag Harbor Village Board of Trustees over whether or not to change parking requirements in the village

Earlier this year, a group of restaurant owners asked the village board to consider amending its parking requirements to allow them to have seating allowed under New York State fire code regulations, rather than based on the number of seats in an establishment. Sag Harbor Village board member Robby Stein has been researching that possibility, although the board has yet to have a public discussion about whether that change is something they would consider formally legislating.

According to village attorney Denise Schoen, for the remainder of the application – dealing solely with the conversion of one apartment into an office space and allowing an existing apartment to remain – would require the board to grant a parking variance of six spaces.

The Sag Harbor Village Planning Board, she noted, has already viewed the application favorably and there have been no objections from the public.

The ZBA agreed, and a formal decision will be presented at that board’s August 20 meeting. DeSesa said he would return to the ZBA with the remainder of the application once the village board has determined how it will handle parking calculations for restaurants moving forward.

The board chose not to sign off on a variance application for Lysander Sag Harbor Residence, LLC, on Suffolk Street with board chairman Anton Hagen asking the applicant’s attorney, Tiffany Scarlato, to bring an architect to the ZBA to discuss whether or not a proposed addition can be moved closer to the middle of the property.

The applicant has proposed an addition within 3.8 feet of the north lot line and within 13.9 feet of the south lot line where a minimum of 15-feet is required under the village code. The project will result in a total side yard setback of 17.7-feet where a minimum of 30-feet is required and is also seeking a pyramid variance to protrude into the sky plane 2,862.4- cubic feet.

According to Scarlato, the addition includes a balcony intended for screening purposes alone and will increase the square footage of the home by a total of 850 square-feet.

Hagen said he believed the addition could be moved further away from the north lot line in order to minimize the impact to neighbors on that side of the property. Scarlato countered that neighbor has a single story garage just three feet from the property line and the addition is currently proposed to maintain the historic character of the architecture.

“This is a small narrow property and what we are concerned about is creating a situation where someone is unable to enjoy their backyard,” said Hagen.

In other news, James Russell Jackson, of Long Island Avenue, was granted a variance to legalize an existing deck constructed within 13.9 feet of the property line where a minimum of 15-feet is required. George Holley of Rector Street was also granted a pyramid variance to construct three dormers on the north side of his existing residence and Michael K. Lyons, Taurun Mehta and Nadine Homan were approved for a change of use to allow an interior design studio at 200 Division Street.


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