Attorney Says Parking Space Requirements Unevenly Applied

31 Long Island Avenue, Sag Harbor Village.

The Schiavoni family’s plans to redevelop a former Superfund site with a three-story mixed-use building will require a parking variance to proceed, but the attorney for the Schiavonis says the interpretation of Sag Harbor Village’s parking requirements has been unevenly applied in the past.

At the July 21 meeting of the Sag Harbor Zoning Board of Appeals, attorney Dennis Downes said the public hearing for 31 Long Island Avenue’s variance application needed to be advertised again because “the parking requirement is now being interpreted that you need off-street parking for the elevator or hallway.”

“One of the problems with the code is it requires an owner to have so many parking spaces based on the gross floor area of the entire building,” Mr. Downes told the board. Rather than only including retail and office space in the gross floor area, the hallways, bathrooms, elevators and stairways all contribute to parking requirements, he said.

However, the Planning Board has previously approved applications in which these areas were not being counted, Mr. Downes said. He said he wants the parking variance granted for that reason.

Village code requires that the proposed building has 37 parking spaces. It currently has 22 and only five new spaces are proposed, so a variance is required to waive the last 10 spaces.

The site is in the office district, where the maximum number of stories is two. A variance is needed for the proposed third story. The building, as proposed, would be 38 feet tall, requiring a variance for being 3 feet taller than the maximum permitted height. It would be only set back 3.7 feet in the front where 10 feet is required, and only 0.3 feet in the rear where 40 feet is required. The proposal is also for 77.6 percent lot coverage where 70 percent is allowed.

Mr. Downes said work is being done on the site plan so it can be ready for discussion at the August 18 Zoning Board of Appeals meeting.