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ZBA approves limited FAR variance for 415–417 East Main, conditioning approval on lot merger
Summary
After reopening a previously closed hearing, the Port Jefferson Zoning Board approved a minor floor-area-ratio (FAR) increase to 2.2 for 415–417 East Main, contingent on corrected application materials and the merger of the two lots; a prior code violation was resolved by a discovered 1984 CO that connected the buildings.
The Port Jefferson Zoning Board of Appeals reopened and considered the application for 415–417 East Main Street on July 24 and approved a narrowly drawn increase in floor-area ratio (FAR) — from the 2.0 permitted to 2.2 requested — conditioned on corrected application paperwork and the legal merger of the two lots.
Applicant Amy DeVito informed the board that new evidence in the file included a July 13, 1984 certificate of occupancy and permit authorizing two interior door openings that connect 415 and 417 on the second and third floors (permit no. 1454). That CO satisfied a previously noted violation tied to unpermitted connections between the buildings, which removed the need for several earlier variance requests.
Tom and planning staff summarized the current application: the only remaining zoning relief sought is the slight FAR increase to permit an enclosed staircase required by the building/fire code. Staff advised the board the FAR calculation should be based on the combined building footprints and recommended merging the two legal lots during the planning process so the real-property records and tax map reflect the change. The board discussed easement and egress concerns raised by a neighboring property and the post office occupant but concluded easement issues are a planning/civil matter to be addressed separately.
Public testimony: Thomas Paraglia (post office tenant at 407 East Main) and other neighbors raised concerns that an existing driveway/egress easement serves one parcel (417) but not the other (415) and asked how merging would affect rights-of-way and access. Board counsel and staff acknowledged the issue and advised that those legal/easement matters are handled through planning and counsel outside of the zoning-variance decision.
Decision: The board voted to grant the limited FAR variance (2.2 requested), making approval conditional on corrected site-plan materials and the applicants merging the two lots during the planning review. The board closed the hearing for this application that evening.
