HomeMy WebLinkAboutZBA-11/20/2003 APPEALS BOARD MEMBERS ~%~,,~ Southold Town Hall
Ruth D. Oliv. a~Chai~oman 53095 Main Road
, GerardP. Goehrmger ~ ' P.O. Box 1179
~ Lydia,A.~ Tor~ora , 9a ~ "~ Southold, NY 11971-0959
Ge0rg~ H~i-ning - '~'~ J Fax (6311 765-906'4
http: soutttoldtown.nor thfork.ne~
BOARD OF APPEALS
TOWN OF SOUTHOLD
~INIJTE$
REOUIAR IVIEETIN6
THURSDAY, NOVEMBER 20, 2003
A R,egular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town
Hall. 53095 Main Road. Southold, New York 1197'1-0959, on Thursday, November 2(2, 2003 commencing at 9:25
Ruth D. Olive. Chairwoman/Member
Gerard P. Goehdnger, Member
George Homing, Member
Lydia A. Tortom, Member
Linde Kowalski, ZBA Confidential Secretary
Absentwas: Vincent Orlando. Member~
9:30 a.m. Chairwoman Olive called the meeting to order.
AGENDA ITEM I: The Board proceeded with the first item on the Agenda as follows:
~. SEORA updates: Motion was offered by Member Goehdnger, seconded by Member Homing, and duly
carried, declaring the following Negative Declarations with no Adverse Effect for the following projects
as applied for:
TVpO II Actions (No further steps - setback/dimensional/lot waiver/accessory apartment/bed
ahd breakfast requests):
ROBERT AND PAULINE EHRENTHAL #5427.
CARL AND ELENA PATCHKE #5428.
HOWARD AND LISA DAVIDOFF #5424.
CHARLES AND BARBARA RODIN #5433.
J & C HOLDINGS/DOLL #5419.
RICHARD and NANCY CINCOTTA ~t5422.
WALTER TERESKO #5429.
KAREN BROWN #5411.
DIMITRI AND HELEN SOGOLOFF #5426.
MARION JONES #5420.
JOSEPH AND DANIELLE HELINSKI #5430.
JEFFREY FORCHELLI #5418.
DOUGLAS and LYDIA DEFEIS #5438.
JOHN AND KATHY CHESKA #5423.
JOSEPH PAGANO #5434.
P~qe 2 - ~i~Jtes
Meeting, h~d November 20, 2004
SouthOld T6wi3 Board of Appeals
SEQRA Resolution. continued:
RAYNI~D NINE ~;5435.
fibers Oliva (Chairwoman), Goehdnger, Tortora, and Horning.
This Resolution was duly adopted (4;0).
'A:genda ltetfl~ll, b~.LIBER,~TI'oNS/DEClSION: The Board deliberated and decided the following
epplica~i0~n, ~ Shbwri on the original f led with the Southold Town Clerk. A copy of the Board
F~ndmgs, DehbeYat~ons, and Decision ~s attached and ~ncorporated ~nto this set of Minutes as
thoUghii[~ll~)',~itt~'n a:nd'~6t torth herein with respect to the following Resolution in the Matter
of'JASON TAnG;ART .Application #5389:
· . on-h'i~'~'h~b~].M~eml~r Homing, seconded by Chairwoman Oliva, it was
RES~EVED. t~ DENY t'he requested Waiver to unmerge CTM 29 from CTM 28, as
applied
Vote 'of tiie'Board: ~Ayes: Members O ~va (Chairwoman) Goehrmger Tortora and Horning.
(MemUer Oi-~'ndo wes absent/out-of-state.) Th~s Resolut on was du y adopted (4-0).
Agenda ]{em V-D~The BOard proceeded with the following RESOLUTION: Motion was offered
by Mt~inber~ ~o~et~ ngei-, ~econded by Member Horning and dulv carried, to authorize
adver{ising 0:¥ tl~e'f0 owing pub ic heatings for December 18, 2003:
9:45 AM MARTIN AND CLORINDA HARTMANN ~t5425. Applicants request Variances under Section 100-244.
based 0hrthe BQil~ting De'par[ment's June 18, 2003 Notice of Disapproval. conce~ntsg a proposed addition to dwelling
~th ~ single s[i:le yard at less than 10 feet and rear yard at lees than 35 feet, at 275 Anglers Road. Greenporq Parcel
36-2-14.
9:~0 AM GECJRGEA KAPASSAKIS ~L5440. Applicant reauests Variances under Section 100-244, based on [ne
Building Department's September 5 2003 Notice of D[sapprova~ concerning the location of a DrODesed dwelling at
le~s tflan 40 feet froth the front lot line and less than 50 feet from the rear lot line. at 955 Cedar Drive, Southo]d;
Pa~'cel 1000-22-2-44.
10:00 AM TERR'( CAPOZZOLA#5444. Applicant reauests a Variance under Section 100-244. based on the Building
Department's AuguSt 4, 2003 Notice of Disapproval concerning the as-built location of an enclosea porch a~ leSS than
35 feet from the front lot line at 10950 Sound Avenue, Mattituck; Parcel 1000-142-1-17.
10:10 AM ELIZABETH STRUPP #5442. Applicant requests Variances under Section 100-33C. based on the Building
Depar~tm~nt's August 25. 2003 Notice of Disapproval concerning the es-built location of a shed, proposes acaeesory
poomouse strdcture and proposed deck, aH less than 60 feet from the front lot line, at 3 Brooks Point Road [private
roes}. Fishers Isl~tna; Parcel 1000-3-3-5.
I0:20 AM EVERETT AND MELISSA CORWIN A5445. Aoplicants request Variances under Section 100-244, based
P~'~, 3 - ~inutes
· M~efing he d November 20, 2004
Sou~h~b d T~V~n B0ai'd 3f Appeals
REsolution to advedJse for 12/f8/03, continued:
on the Bl~ilding Departme'n~.'s September 5, 2003 Notice of' Disapproval concerning the proposed location of a new
porch adddJod at ess than 35; feet from the front et [ne. ess than 10 feet on a s~ng e s~de yard, ess than 25 feet total
side yards, ant Iot'coverag~ exceeding 20% of the total lot size. at 706 Brown Street, Greenport: Parcel f 000-48-3-
22.
10:30 A~ JOHN B..HENRY ~t5436. Applicant requests a Vadance under Section 100-244, ~3ased on the Building
ISepbg~dr s August 14 2003 amended Notice of Disapproval, concerning a proposed addition at less than 35 feet from
the'rear lot ine. less than' 2!5 feet on a singl~ side yard a'nd exceeding the 20% lot coverage limitation. Location of
P,'oi~e~y: 2360 Village Lane, Odent; Parcel 1000-26-1-15.1.
10:40 AM JOHN STADELI~ANN AND JEANNETTE COLEMAN ~5437. This is a request for Waiver under Section
100-26 re unmarge a vacant area of 20,402 squ~re feet, 2080 Stars Road., East Marion ('Soundcrest Woods. Section
I, #15, CTM 1,000-22-4-20). Based on the Building Department's July 17, 2003 Notice of Disapproval. This area
mbrged under Sebtos 100-25 with an improved ~ires of' 20,313 square feet referred to as 1980 Stars Road.
Sbu'ndcr~st Wcoas #14. CTM 1000-22-4-19.
10:50 AM DEMETRA TZANOPOULOS #5449. Appticent requests Variances under Sections 100-242A and 100-244,
~"1 ba,s. ed on the Building Depadhqeht's September 29 2003 Notice of Disapproval, cenceming the Iocetion of a proposed
additioh and alted~tioes at less th~n 35 feet for total side yards, and with iht coverage in ex.es of 20% of the total lot
area, at 1040 Homestead Way, Greenport; Pares[ 1000-40-2-21
11:00 AM P. JESE_SOHN AND F. DUBOIS #5448. Applicants request Variances under Section 100-244 based o~
the Building Department's October 2, 2003 Notice of Disappreva concam~ng the demolition of an existing dwelling
and pfopesed new dwallihg at less than 35 feet from (he front lot line and ]ess than 35 feet from the rear lot line. at 55
BayAvenue, Gre~hDorz: Parcel 1000-43-4-45,
11:10 AM PHIL AND NANCY RODILOSSO #5443. Applicants request a Vadance under Section 100-242A and 100-
244 based on the' Building D(~partment's August 29 2003 Notice of Disapproval for proposed alterations ano new
a~Jdltion at less than 10 feet on a single side yard. at 2815 S~gsbee Road, Mattituck; Parcel 1000-126-6-3.1
11:20 AM DARBY, MOORE #5447. Applicant requests a Vadance under Section 100-242A based on the Building
DeDa~eht's Sept~r~ber 2,4, 2003 Notice of Disapproval concernihg proposed additions and alterations at less [nar
40 feet from the frdnt I~t lin~: at 50 Oak Road, New Suffolk; Parcel 1000-117-2-1.
1:00 PM SUSAN JOSEPH AND DOROTHY ULRICH #5460. Applicants request a Vadance under Section 100-242
b~sed on the Bu!ldthg Department's October 30~ 2003 Notice of Disapproval, concerning a proposed dormer addition
at I~ss than 50 feet'frem the Year lot line. at 2345 M~I[ Creek Drive. Southold; Parcel 1000-51-6-39.
1:05 PM DONALD GRIM #~5441. Applicant requests a Variance under Section 100-31A.2 based on the Building
Department's January 23, 2003 Notice of Disapprbval concerning a proposed home barn on a 7.467-acre lot instead
of the code required 10 acres, after acplyiag five (51 acres of tillable land for the existing farm stand use at 22745 C.R
48, Cutchogue; Parcel 1000-84-1-25.2.
1:20 PM MAIN ROAD BROKERAGE INC. ¢~5407. Applicant requests a Vadance under Section 100-122 based or
the Building De[~ar~ment's October 15, 2003 Amended Notice of Disapproval concerning a proposed manne
showroom warehouse located at less than 35 feet from front lot line at 61205 Main Road, Southold: Parcel 1000-56-3-
13.4.
1:30 PM OSPREY DOMINION AND LIPA. KEYSPAN #5432V and 5430SE. Location of Property: 44075 Main
Road, Peconic; Parcel 1000-75-1-20.1 and 20.2. Applicants are requesting a Vadance under Section 100-33A
P~g'e-4 - Minbtes ,
, Meetih~ Held Nbv~mber 20~ 2004
Sot~tl~b d Town Boacd Of Appeals
concerning the proposed height_ of new public utJ]ibj wind turbine/antenna s~ruc~ure exceeding the code's height
mitetion of 18 feet; and a Special Exception for a public u~iity use/si~'ucture o" this 4.4+ acm site.
1:40 PM STANLEY MALON #5383, (Continued hearing concerning Variances at 32845 Main Road, Cutchogue;
Parc~[ 1~00-97-5-4,5.)
2:00 PM FRANK, OISJTO #5446. AppI[cadt requesrs a Vadance unaer Sect[on 100-244 based on the Building
. D~p~rtm'e~lt's October 20. 2b03 amended Notibe of Disapproval. concerning a proposed dwelling at [ess than 35 feet
from thee'ear lot lies. at 342'0 Stars Road. East Marion: Parcel 1000-22-2-18
;2:10~iPM ~OUMAS CONTRACTING #5345. This hearing was reopened by November 6, 2003 Board Resolution for
~ suU~is~i'bn, o'~ new i~formationl ~oncerning'~$ application for a Lot Waiver under Sect on I00-26, based on the
~. Bu I~1 ng'D~p~(deht's Ap~i 3 2~)03 Notice o~ D sapprova to unmerge lands oca{ed at 155 and 205 Sunnyside Road
. Sout~3ld. Appl~cent proposes to build a single-family dwelhng on CTM 63-1-5, containing a described area of 9,100+-
s'q; fi;: m~'rged pursuant to Se~on 100-25 with an adjacent area of +-18.900 sq. fi; CTM 1000-63-1-4.
Metnbers Oliva (Chairwoman), Goehringer, Tortora, and Horning.
) '~'h'is Resolution was duly adbpted (4..0).
.~enda Itam I¥-B. Chairwoman OliYa oonfirmad the date of the next Special Meeting,
DecemberS, 2003 to commence at 6 PM. Agenda items may include work session with continued
work reviews of new files'for future calendars; 3ossible findings/decisions on carryovers, and other
busiriess properly coming b~fOi'e the Beard at that time.
Agenda Item III. PUBLIC HEARINGS were held. The Board proceeded with the following
Public H~ari:ngs. Please see written Transcript of ZBA Public Hearings filed under separate
cover with the Board of Appeals by Florence Wiles, Certified Court Reporter:
CHARLES BOCKLET #5364 (carryover from 8/21, applicant submitted an updated survey submitted
11/12; as Of 11/12 await title information regarding easement areas.) After hearing testimony, the
hearing was declared closed.
, LAURENCE AND BETTYANN RUBINOW #5386 - This matter was adjourned from 9/25/03, pending
submission of an arhended ND with new alternative/amended plan, which was filed. After hearing
testimony, the hearing was declared closed.
APPLICATION WITHDRAWN: ALDO BLASKOVIC #5380 - Motion was offered by Member
Goehringer, seconded by Member Tortora, to accept applicant's letter dated '~ 1/17/03 withdrawing this
application without prejudice to reapp~y. Vote of the Board: Ayes: Members Oliva (Chairwoman),
/"~'- Goehringer, Tortora, and Horning. (Member Orlando was absent/out-of-state.) This Resolution was
~., ~ duly adopted (4-0).
r t~fi~g"~- 'heid Nov~b~t 2012004
RESOLUTION: Motion Was offered bv Member Goehrinqer. seconded by Chairwoman Oliva. '.'e
ap:~o,.'c tho r.lim..es of d'm Oc'.o:~or 23. 2003 ZBA Rc~t,[=:r r.loob:~o. Vote of tho Board: Ayes:
M.e, mbors Oliva (Chairwoman) Goehringor Tortora and Homing. (Member Orlando was
al~edt/out.of-state.) Tlti$ R~solUtion was duly adopted (4-0).
FOR RECESS:. lotion was offered by C~airwoman Oiiva, seconded by Member
t~ recess for a 10-minUte break at this time Vote of the Board:
The meeting reconvened at 10:03 a.m.
IIIk Pi. JBLiC HEARINGS, CONTINUED: Please see written Transcript of ZBA Public Hearings filed
8'r~ei-'~p§rat~ bcJVer with the B(~ard of Appeals by Florence Wiles, Certified Court Reporter,
P,~E~ERT ~ND PAblLINE EHRENTHAL #5427. This is a request for a Variance under Section 100-
,23~9i4 ,b~Sed oh the, Building Department's May 13, 2003 Notice of Disapproval, for approval of the "as
btiilt~,iOb~tti0h'¢,0f the e~i§tin'g d~dk at less than 100 feet from the top of the bluff, at 19575 Soundview
A~ehd~ ~6t~h~ld '15~rl~el 5'i~t-11. During the hearing a Resolution was offered by Chairwoman
0t~a, ~c~e~l..*. b~ 'MemS'~ ~oehringer, :and duly carried, to adjourn/recess this hearing for
~ ~:;i'~d"'.ia'.~Jly ;i'i,c 'r'~i;f~itS~' ,~8 aij0w the applicant time to stop in the Building Department for
;,~ c; e m ~ o[ sonS stated ntheNetceofDsapprova. Vote of the Board. Ayes. A (4-0).
'~,1 :"'b ~ c,..n ~g' ~ '" ",~,co,.",c."',',.i.. a~ d~)ted below, at approximately 10:31 a.m.
CARL,AI'~ID,.~LENA PATCHKE #5428. This is a request for a Variance under Section 100-33, based
on tfle,Bt~l~rrg Department s Sune 27, 2003 Notice of Disapproval. concermng the built location" of
the ho~tUb;~f,r,,uctum Id an,a(~a oth,er than a required rear yard at 95 Shore Lane, Peconic; Parcel 86-
1-4.17. Af>t;Sr bie~r~rtg ~e~tih~dny, th~.headng Was declared closed.
H~WARD,AND LISA DAVIDOFF ¢5424. This is a request;for a Variance under Section 100-239.4B,
b~is~d' t)h 1he Build~h'g.,Depar~!m¢nt's June 20 2003 Notice of Disapproval, concerning a propose(:
sWimh~ d~¢ool at le's~"than 7~ feSt from bulkhead, at 1015 Kimberly Lane; Southold Parcel 70-13-
2~;6. T?~;;hearid~, W~s hob and ~;oncluded. pending 'written submissions only, not later than
Decemb6r 4,200~ 8:~0 p.m.
ROBERT ~ND. PAULINE EHRENTHAL ~5427. This hearing reconvened. After hearing testimony,
the he~at'ihg w~s declared closed. It was also noted by the Board Members that an amended Notice of
Di~sap'Ci~o~,ai Was not: required.
CHARLES AND BARBARA RODIN #5433. This is a request for a Variance under Section 100-30A.3,
based on the Building Department's. Augus~ 8 2003 Notice of Disapproval, amended September 8
2003, cbnce~'mn~ a proposed second-story addition at less than 50 feet from the front property line, at
70 Strohsor~ Road, Cutchogue; Parcel 103-10-16. After hearing testimony, the hearing was declared
closed.
J & C HOLDINGS, Contract Vendee (Owner: Doll) #5419. Applicant requests Variances under
Page 6 - Minutes
Meefidg held November 20, 2004
S0uthold ToWn Boa#d of Appeals
',sections 100-30A.3 and 100-239.4A, based on the Building Department's November 7, 2,0.02 Notice of
~Dsappro~al, a~ende, d Augus~ 6'[ 2003 concerning a proposed location of a new dweling With
~ setbacks:, (a) at less than 5,0 feet from the front property I~ne and (b) Jess than 100 feet from the top
~;¢f the SoiJn~l I~iU~ a~ 5~90'Ro~h View'Drive, Orier~t;, Parcel 13-~t-5.1. After ~:ecei~ing testimony; the
h~t~ing Wa~ a'dj6t~rh~l tb'Thgr~day, December 18, 2'003 at 2 30 p.m.
RI'~H,~RI~nd NANCY, CINCOTTA #5422. a Special ExCeption under
inciden(al to their ownership and
of breakfast to not more than four
109-2-15.
~VALTER;TERESKo,#5~;29. This is a request for a Variance under Section 100-235A, based on the
B~IdiOg D~'i~ai-'~ht!¢ :Au;gust ~, 2003 No~ice of Disa~l~rovE~l, for the reason that a new dwe, lling is not
I:)~i'm ~d'~h~t~ I8~,Sb~S not have d rect front~g~ or access to a public street in a~corSance with
~ '~:. ~,e~.~ fie~ 2~.0[A. at 1077 New Suffolk Road Cutehogue; Parcel 109-7-7.2 (formerly 5.2).
,~' ~rfg,~6s'~ i~any, t, fie hear ng was declared c ose~
E~iCEA~:'i~eti~n w~s~dff~¥ed I~y Member Tortora. seconded by Member Horning, to adjourn for lunch
RECONVENED: The meeting reconvened at 1:07 PM.
III. P'UEiLI(; HE~ll~G:S.continued: Please see written Transcript of ZBA Public Hearings filed
under separate cover with the Board of Appeals by Florence Wiles, Certified Court Reporter.
KAREN. BROWN #5411. This is a request for a Variance under Section 100-244, based on the
Beilding Departrne'nt's Jdly 15, 2003 Notice of Disapp,roval. Applican~ 3roposes addition(s) to the
e×is(ing dwelling at less ~'han 10 feet dna single aide y~rd at 1300 Founders Path Southold Parcel
64-4-6. After heanng tesbmony the heanng was dec ared c osed.
DIMITRI AND HELEN SOGOLOFF #5426. This is a request for a Variance under Section 100-
23r9.4A, based on the Building Department's December 20. 2002 Notice of Disapproval, amended
August 4, 2003, cdndeming proposed new deck construction at less than 100 feet from the top of the
Sound bluff or bank, at 1305 Soundview Avenue Extension, Southold; Parcel 50-2-18.1. After hearing
testimony, the hearing Wes declared closed.
MARION JONES #5420. This is a request for a Variance unoer Section 100-30A.3, based on the
Buildin'g Department's February 21, 2003 Notice of Disapproval, for the reason that the proposed
addition will exceed the maximum code limitation of 2% stories. Applicant proposes to conved a
cupola for accessible space, at 360 Ruch Lane, Southold; Parcel 52-2-22. After hearing testimony,
the hearing was declared closed.
JOSEPH AND DANIELLE HELINSKI #5430. This is a request for a Variance under Section 100-242A,
based on the Building Department's August 14, 2003 Notice of Disapproval, concermng proposed
add tions at less than 35 feet from the front property line, at 42300 C.R. 48 (a/k/a Middle Road or
Page 7 - Mihutes
M~eeting h~eld Novernber'20, 2004
S'o~thold 1'own Boerd Of Appeals
North Road), Southold; Parcel 59-4-2.3. After hearing testimony, the hearing was aajourned to
Januery 22, 2004 at 9:30 a.m.
;JEFFREY FORCHELL #5418.~ This is a request for Variances under Section 100-244 based on the
'~Bdildir}~ Departme~t's'Api'i 1~, 2003 Notice of Dieapproval amended August 4 2003 concerning a
~?6p0~d ~dditi~ 'at ~si'~h~n'10 feet on a single side yard arid ot cov~rag~ excess of code Jimitat on
9.1',20%i at 405:L'ak~ D~V~: Southold Parce 80-3-16 After hearng testmon , the hearn was
dec a~'efd c[osed.
DOUGLAS ~nd LYDIA DEFEIS,#5438. This is a request for a Variance under Section '100-244B,
~a'sed or~ thte BUi d ng~ Dbpartr~en['s August 25 2003 Not ce of D sapprova amended September 3
2003. co'~corm;~G a proposed ,ro'~: porch entry exceeding 30 sq. ff. ,n s,ze, at less than 35 feet from
:'e ','o'~. p'opod~ i've. ~.:[ 1;,55 Cedar POir~t Drive West, Southold; Parcel 90-1-3. After hearing
;os,:mo'~!,'. "~o h¢;a"irG ','.'cs ('.cc.~.'.~od closed.
~J~HN~AN~ t~T~Y CHEStCA#5423. Th~s ~s a request for a Variance under Section 100-244B based
~th~ ,,B~i~g,qe~.~nt s August 6, 2003 Not,ce of D~sapproval concermng a proposed add~t,on
~e~gg ~e,.c~. I~rn ta~0n ~f 20 ~ coveT, age of th~s 7 528 sq. ft. lot at 1300 M~nnehaha Bou evard
~h'Old; P.~rcel~'~7~-2-1~l. '~teFhear~ng testimony, the heanng was declared closed.
J~S:J~F~R ~P,~G~N¢~' #5~4. '1~flis is a request for a Variance under Section 100-244, based on the
~l~g Deg~e~t~s Ju y 16 2003 Notce of D sapprova App cant proposes a new dwelling with a
f~n~:~d:,s~ck ~at !ess than 3'~' feet, at '~345 East G~liette Drive, East Marion; Parcel 38-4-21. After
ffe~i~t~O~Y,'~hi~ h~ring~was adjourfled to January 22, 2004 at 9:30 a.m.
~0~D iNi'N~'~4~ This is a request for a Wa ver of Merger pursuant to Section 100-26 based
~i ' .5~'~dild'~"..~. ~);; ia' ~'~' '.~ A~g~u~t 25, 2003 Notice of DLsapproval, amended September ~, 2003, to
.u':'ne'(,je tho so~..m,;~;sl ~,~:1'.,' 20.622 sq. ft. portion of CTM #114-11-22.1, proposed Parcel B, from the
'~;m~. ;.~u ~. '~.;F~ ~-~. ~i'i'~osec P~h'cel A'of 48 246 sq. ft. with an ex st ng single-family dwe ng Locat on of
Prb~t~:,8§5 Ne~ S~bik A'~,en'ue, Matt~tuck. After hearing t~stimony, the hearing was declared
cl~s~L
Ehd df public hearings.
II. WORK SESSION: Brief reviews of pending files and general discussions by Board Members followed. No
abti0h wa~ taken at this time. ~nd deliberatons were noted for continuation at an upcoming meeting: Bocklet.
Rubinow, Ehrenthal, Rodin, Cincotta, Brown, Sogoloff, DeFeis, Cheska, Pagano, Nine.
There being no other business properly coming before the Board at ~his time. Chairwoman Oliva
.; P~PPEALS BOARD MEMBERS ~ Southold Town Halt
Lydia A Taffeta, Chairwoman ~'l"~-- 53095 Main Road
"· "~ Q~erard P.' Goehringer ~ P.O. Box 1179
/~-"x .~ .. George Homing ~//~,~ S outhotd, New York 11971--0959
M.~, Ruth D, Oliva Chairwoman -%-~,~r,~,- ZBA Fax (631) 765-9064
Vincent Orlando ~ Telephone (631) 765-/809
http://southoldtown.northforkmet
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, ~E LIBE EAT[O N S.Al_~ _J_~I~..~RM.INATIO N
AppL No. 5389 - JASON TAGGART
Location of Property: 8~15 Wabasso Road, Southold, CTM 1000-78-3-29, merged with 78-3-28
Date of Public Hearing:' September 25, 2003
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION: The applicant's property consists of a total merged area of 26,400 sq. ff.,
identified as 29 and 28 at Section 78, Block 3, of the Suffolk County Tax Maps. The applicant's dwelling exists
on the westerly portion of the property at 45.1 feet from the front property line facing Nokomis Road. The entire
26,400 sq. ff. pamel has 115 ff. frontage along the east side of Nokomis Road and 125 ff. frontage along the
west side of Wabasso Street, in Southold. The parcel, existing with a merged area of 20,400 sq. fi., does not
conform to the minimum 40,000 sq. ft. lot size requirement for this R-40 Low-Density Residential Zone District.
BASIS OF APPLICATION: Applicant's request is based on the Building Depad. mant's February 18, 2003 Notic~
~)~f; Disapproval, determining that the subject lot, SCTM #1000-78-3-29) merged with adjacent lot to the west
SCTM #1000-78-3-28) pursuant to Section 100-25 which states:
..... Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has
~)een held in Common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one
which abuts with the parcel for a common course of fifty (50) feet or more in distance. Nonconforming
lots shall merge until the total lot size conforms to the current bulk schedule requirements."
RELIEF REQUESIED: Applicant requests a Lot Waiver to unmerge 13.750 sq. ff. of area (CTM 28) from a
remaining 1'2,650 sq. ft. of area (CTM 29).
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on September 25, 2003, at which time
written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the
property, and other evidenca, the Zoning Board finds the following facts to be true and relevant:
REASONS FOR BOARD ACTION. DESCRIBED BELOW: Based on the testimony presented, materials
submitted and personal inspection, the Board makes the following findings:
1. Grar~i of a waiver to unmeroe a land area of 13,750 sa. ft. from the existine nonconformin~ lot area of 26,400
sa. ff. is not consistent with lots in the neiahborhood.
The applicant's Prepert7 consists of a total area of 26,400 sq. ft.
Adjacent neighboring lots, to the north, east, south and west are larger than the proposed unmerger by
applicant~ and each are improved with a single-family dwelling, and consist of the following lot sizes: (a) to the
east, CTM 50.1 consists of 25,200+- sq. ft.; CTM 49 consists of 14,400+- sq. ff.; (b) to the west, CTM No. 16,
15, each consist ora minimum area varying between 13,900+- sq. ff. and 26,620+- sq. ft.
The applicant's 26,400 sq. rt. lot is improved with a single-family dwelling and has been in common
ownership since 1970, and up to the present time. Although the property was acquired by the applicant on
.Maroh 7, 2000, the property was never held ~n single-and-separate ownership at any time between 1970 and the
Present time, as cohfirmed by ~e title search prepared by Fidelity National Title Insurance Company dated May
20. 2003 and other file information.
'Page 2~- Noverhber 20, 2003
Appl. No. 5389 - J. Taggart
1000-78-3-29, 28
Inforr'mtion was submitted by.the applcant's.attorney, in writing, and...testimony offered durng the
September 2~i 2003; hearing that ~ "a-p~l~i'i~n~ S' gra~dfa[her, Theodore Kwasnik~' ~,q~ir~l"~e' h~r0~l" iot
(described tan~, with a single-family dwelling, referred toas the westerly portion, CTM 28) in 1963, and then
acquired the 'emaining property in 1970 (described land referred to the easterly portion, CTM 29), It was also
noted that th~ applicant wishes to obtain approvals to build a house (CTM 29)~ and to retain the existing house
(¢TM
Although the property was acquired on d fferent dates, the land is described as shown on the former
1963 and 1970 deeds conveying the property, to the predecessor in title (3. Kwasnik). The property was not
created by Town subdivision approval, o '
r I~sted on the Town s L sts of EXcepted Lots Area and Width in effect
since 1979, and was acquired on March 7, 2000 bythe applicant (Jason T~ggart),
2. Proof to show that a waiver will avoid an economic hardshio.
The town's assessment record~ show that the land was split in 1963 ~rom a 4.5 acre parcel (formerly
C.H. Wickham. A new house was built on CTM 28 during 1963. In 1970, CTM 29 was conveyed by deed, with
a value of $3,000. The August 29, 2003 fair market value opinion prepared by Mary Ann Feaval of Century 21
Agawam Albertson Real Estate indicates avalue of $4~50,000 if the properties remained as merged, with the
house portion valued at $399,900 and the remaining portion at $51,000. The information offered also indicates
that the property would become more valuable if the lot waiver were granted, adding another $149,000 in value,
but it does not show that there is an economic hardship for the property to remain as one lot of 26,400 sq.
The record does not demonstrate proof that there were good faith intentions at any time between 1970
and 2002 to separate or maintain the properties as separate lots or a good faith intention to build a separate
dwelling, although the properties had separate tax assessments based on the '1963 and 1970 deeds; and, that
the lots were provided as security in March 2000 in a single deed to the appl cant
There is no proof demonstrated in the record to show that the southerly portion (CTM 29) of the
applicant's property was maintained continuously as two separate building lots.
No application to an agency for building or other approvals was filed by the owners since 1965, and no
information to show good faith intention to separate ownership or otherwise separately maintain the property
during the last 33 years was offered.
3. Evidence with re~ard to environmental imoacts and potential effects under Section 100-26A(4). The
neighboring adjacent lots are already developed and improved with dwellings. The Board is not willing to create
additional futura lots, increased number of dwellings, i{creased traffic increased water and sanitary demands,
and other related environmental effects,
4; lnformaqon was submitted to show that ~e prope~ does not req~m fill or change iD the present grade, and
nat~l~deta~S ~d c~pm~er of ~& coDt0a~S and SlOpes are nO different ~h 0~em i~ the ~eighborhO~:
RESOLUTION/ACTION: On motion by Member Horn ng, se~nded by Chai~oman OIi~, it was
RESOLVED, to DENY the requested W~ver to un~e~e CTM 29 from CTM 28, as applied for.
~F'~ BO~D~ A~ ~ ~'~E~omah); Goehringer, Todo~n~ Horning. (Member
Orland° WaSa~Sen~ (Oat ~f ~at~) ~ ~'
. ~1 7'03
~proved for Fling
P~ge 8 - Minutbs
Meeting held November 20, 2004
SoUthold Town Board of Appeals
declared the mbeting adjourned. Th~ meeting adjourned at 3:25 p.m.
Respectfully submitted,
Confidential Secretary
Board of Appeals
Att~J;~ments: Case Decision [1)
( ) ~Tran~iptsr'~ ~s
Approved for Filing