HomeMy WebLinkAboutZBA-08/21/2003APPEALS BOARD MEMBERS
Lydia A. Tortora, Chairwoman
Gerard P. Goehringer
George Homing
Ruth D. Oliva
Vincent Orlando
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971-0959
ZBA Fax (631) 765-9064
Telephone (631) 765-1809
http://southoldtown.northfork.net
MINUTES
REGULAR MEETING
THURSDAY, AUGUST 2 l, 2003
A Regular Meeting of the SOUTHOLD TOWN ZONING BOARD OF APPEALS was
held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971-0959, on
Thursday, August 21, 2003 commencing at 9:00 A.M.
Present were:
Lydia Tortora, Chairwoman/Member
Gerard P. Goehringer, Member
George Homing, Member (left 4:10 p.m.)
Ruth D. Oliva, Member
Vincent Orlando, Member
Linda Kowalski, ZBA Confidential Secretary
Florence Wiles, ZBA Court Reporter
9:12 A.M. Chairwoman Tortora called the meeting to order.
The Board proceeded with the first item on the Agenda as follows:
STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS (SEQRA): BOARD
RESOLUTION: Motion was made by Chairwoman Tortora, seconded by Member
Goehringer, to declare the following Declarations: Type II Actions with no further steps
regarding requests setback, dimensional, lot waiver, accessory apartment, bed and
breakfast requests:
CHARLES BOCKLET #5364.
DONALD ANNINO #5372.
LINDA FASBACH #5375.
ANDREW NIKOLICH #5368.
JOSEPH, DOROTHY and SUSAN ULRICH #5370.
ANN MARIE KELLY #5373.
JOSEPH FARRELL/ORIENT POINT HOLDING CO. #5374.
ALFRED MAGILL #5362.
BENJAMIN AND PATR[CIA CALDERONE #5361, #5409.
PAUL PAWLOWSKI/REFLECTING NATURE LANDSCAPING INC.
MICHAEL AND CATHY LEHRHOFF #5376.
OMNIPOINT COMMUNICATIONS, Lessee (GEORGE L. PENNY, INC., Owner)
Page 2 - Minutes
Regular Meeting held August 21, 2003
Southold Town Zoning Board of Appeals
Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
RESOLUTONS/DELIBERATIONS/DECISIONS: The Board deliberated on the following
applications. The originals of each of the following applications were decided, with the
original determinations filed with the Southold Town Clerk:
DENIED:
HELEN THEOHARIS #5331
APPROVED AS APPLIED:
F. and J. FROHNE #5317
PUBLIC HEARINGS: The following public hearings were held, with Chairwoman Tortora
introducing each application, and Member reading of the Legal Notice as published:
9:33 a.m.E, and R. TRIPPE #5300 and #5308 (carryover from 5/15). Stephen L. Ham Iff,
Esq. Based on the Building Department's January 21, 2003 amended Notice of
Disapproval, applicants request Variances under Sections 100-33, Section 100-31A, to
construct an accessory swimming pool and garage/accessory structure in a front yard
area. The accessory building was disapproved also as a second dwelling construction, by
design. Location of Properly: Central Avenue, Fishers Island; 6-3-6.1, (Pending
submission of 6/19 amended Floor Plans by applicant to Building Department for
determination.) BOARD RESOLUTION: (Please see transcript of written statements
prepared under separate cover.) After receiving testimony, motion was offered by
Chairwoman Tortora, seconded by Member Orlando, to adjourn the hearing, to October 23,
2003 at 9:30 a.m. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
9:47 a.m. DEBRA VICTOROFF #5334. Jim Fitzgerald Proper-T Services, Inc.; H.
Rosenblum, Esq., for opposition. (Carried from 6/19 - pending review by Building
Depadment of proposed location of accessory pool; also for Mr. T. Roslak, adjacent
landowner, for time to consult counsel). Applicant requests a Variance under Section 100-
244, based on the Building Department February 11, 2003 Notice of Disapproval, for a
proposed dwelling at less than 35 feet from the front property line and less than 35 feet
from the rear lot line, at 445 and 505 Dogwood Lane, Southold; CTM 54-5-55 & 29.1 (as
one lot). BOARD RESOLUTION: (Please see transcript of written statements prepared
under separate cover.) After receiving testimony, motion was offered by Chairwoman
Tortore, seconded by Member Goehringer, to adjourn the hearing, to October 23, 2003 at
9:40 a.m. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
10:03 a.m. CHARLES BOCKLET #5364. Garrett Strang, Architect; Pat Wood, opposition.
Based on the Building Department's April 14, 2003 Notice of Disapproval, amended July
14, 2003, applicant requests a Variance under Section 100-30A.3 to construct
additions/alterations to an existing dwelling with a rear yard at less than 50 feet, at 1295
Robinson Lane, Peconic; CTM #1000-98-5-2, 3 and 4 (combined as one). BOARD
RESOLUTION: (Please see transcript of written statements prepared under separate
cover.) After receiving testimony, motion was offered by Chairwoman Tortora, seconded
by Member Harding, to adjourn the hearing, to November 20, 2003 at 9:30 a.m. Vote of
the Board: Ayes: All. This Resolution was duly adopted (5-0).
Page 3 - Minutes
Regular Meeting held August 21, 2003
Southold Town Zoning Board of Appeals
10:29 a.m. DONALD ANNINO #5372. Based on the Building Department's May 9, 2003
Notice of Disapproval, applicant requests a Variance under Section 100-244 to construct
an addition to the existing dwelling with a rear yard setback at less than 50 feet, at 1400
Hiwathas Path, Southold; CTM #78-3-48. BOARD RESOLUTION: (Please see transcript
of written statements prepared under separate cover.) After receiving testimony, motion
was offered by Chairwoman Tortora, seconded by Member Oliva, to close the hearing
reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0).
Member Goehringer was absent during this hearing.
10:33 a.m. DONALD AND VIVIAN SONNENBORN #5315. Rob Lehnert, Blvd., Planning
East, Architect. Based on the Building Department's January 9, 2003 Notice of
Disapproval, applicants request a Variance under Sections 100-242A and 100-244, to
construct additions/alterations to an existing dwelling with side yards at less than 20 feet on
a single yard and less than 45 feet for both yards, at 690 Old Woods Path, Southold; CTM
#87-1-20. BOARD RESOLUTION: (Please see transcript of written statements prepared
under separate cover.) After receiving testimony, motion was offered by Chairwoman
Tortora, seconded by Member Oliva, to close the hearing reserving decision. Vote of the
Board: Ayes: Ali. This Resolution was duly adopted (5-0).
10:41 a.m. LINDA FASBACH #5375. Meryl Kramer, Architect, R. Lark, Esq. Based on the
Building Department's May 12, 2003 Notice of Disapproval, applicant requests Variances
under Sections 100-239.B, 100-242A, and 100-244, for proposed: (1) addition to an
existing dwelling with total side yards at less than 25 feet, (2) 'as built' deck addition at
less than 75 feet from the bulkhead, (3) lot coverage in excess of the code limitation of
20% of the lot size. Location of Property: 2905 Bay Shore Road, Southold; CTM #53-6-4.
BOARD RESOLUTION: (Please see transcript of written statements prepared under
separate cover.) After receiving testimony, motion was offered by Chairwoman Tortora,
seconded by Member Goehringer, to close the hearing reserving decision - rescinded;
adjourned to October 23, 2003 at 9:50 a.m. at request of R. Lark, Esq. Vote of the Board:
Ayes: All. This Resolution was duly adopted (5-0).
11:03 a.m. RESOLUTION (BREAK): Motion was offered by Chairwoman Tortora,
seconded by Member Goehringer, to take a short recess. Vote of the Board: Ayes: All.
This Re, solution was duly adopted (5-0).
11:18 a.m. RESOLUTION (RECONVENE): Motion was offered by Chairwoman Tortora,
seconded by Members Goehringer and Orlando, to reconvene the meeting. Vote of the
Board: Ayes: All. This Resolution was duly adopted (5-0).
PUBLIC HEARINGS CONTINUED FROM III, above: The following public hearings were
held, with Chairwoman Tortora introducing each application, and Member reading of the
Legal Notice as published:
11:20 a.m. ANDREW NIKOLICH #5368. Based on the Building Department's April 25,
2003 Notice of Disapproval, amended May 6, 2003, applicant is requesting variances for
an accessory shed and addition to the existing dwelling, both less than 75 feet from the
bulkhead, at 850 Budds Pond Road, Southold; #56-5-15. BOARD RESOLUTION: (Please
see transcript of written statements prepared under separate cover.) After receiving
testimony, motion was offered by Chairwoman Tortora, seconded by Member Homing, to
close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was
duly adopted (5-0).
Page 4 - Minutes
Regular Meeting held August 21, 2003
Southold Town Zoning Board of Appeals
11:25 a.m. JOSEPH, DOROTHY AND SUSAN ULRICH #5370. Jim Fitzgerald, Proper-T
Permit Service. Based on the Building Department's March 31, 2003 Notice of Disapproval,
applicants request a Variance under Section 100-244 for an 'as-built' deck addition at less
than 50 feet from the rear property line, at 2345 Mill Creek Drive West, Southold; CTM
#51-6-39. BOARD RESOLUTION: (Please see transcript of written statements prepared
under separate cover.) After receiving testimony, Motion was offered by Chairwoman
Tortora, seconded by Member Orlando, to close the hearing reserving decision. Vote of
the Board: Ayes: All. This Resolution was duly adopted (5-0).
11:30 a.m. ANN MARIE KELLY #5373. Bruce Anderson, Suffolk Environmental
Consulting. Based on the Building Department's April 16, 2003 Notice of Disapproval,
applicant requests Variances under Sections 100-242A, 100-244, and 100-239.4B for
additions to the existing dwelling: (a) at less than 35 feet from the front lot line, and (b) less
than 75 feet from the bulkhead, at 600 Private Rd. #-4, Orient; CTM #24-2-11. BOARD
RESOLUTION: (Please see transcript of written statements prepared under separate
cover.) After receiving testimony, motion was offered by Chairwoman Tortora, seconded
by Member Goehringer, to close the verbatim portion of hearing pending receipt of
elevation and floor plan and site setback information by September 11, 2003. Vote of the
Board: Ayes: All. This Resolution was duly adopted (5-0).
11:51 a.m. JOSEPH FARRELL/ORIENT POINT HOLDING CO. #5374. Bruce Anderson,
Suffolk Environmental Consulting. Based on the Building Department's March 21, 2003
Notice of Disapproval, applicant requests a Variance under Section 100-244 to locate a
new dWelling at less than 35 feet from the front lot line, at 235 Mill Creek Drive, Southold;
CTM #135-4-26. BOARD RESOLUTION: (Please see transcript of written statements
prepared under separate cover.) After receiving testimony, Motion was offered by
Chairwoman Tortora, seconded by Member Goehringer, to close the hearing reserving
decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
12:12 p.m. ALFRED MAGILL #5362. Based on the Building Department's April 21, 2003
Notice of Disapproval, applicant is requesting a Variance under Section 100-244B for
proposed alterations to an accessory garage existing at less than 35 feet from the front lot
line, at 1145 Fleetwood Rd, Cutchogue; CTM #137-4-26. BOARD RESOLUTION: (Please
see transcript of written statements prepared under separate cover.) After receiving
testimony, Motion was offered by Chairwoman Tortora, seconded by Member Goehringer,
to close the verbatim portion of the hearing pending receipt of written and alternate plan by
October 15, 2003. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
12:30 p.m. RESOLUTION (LUNCH): Motion was offered by Chairwoman Tortora,
seconded by Member Goehringer, to recess for lunch. Vote of the Board: Ayes:
All. This Resolution was duly adopted (5-0).
1:05 p.m. RESOLUTION (RECONVENE): Motion was offered by Chairwoman
Tortom, seconded by Members Oliva and Horning, to reconvene the meeting. Vote
of the Board: Ayes: All. This Resolution was duly adopted (3-0). Members
Orlando and Goehringer arrived at 1:12 p.m.
PUBLIC HEARINGS, CONTINUED FROM III, above: The following public hearings were
held, with Chairwoman Tortora introducing each application, and Member reading of the
Legal Notice as published:
1:05 p.m. BENJAMIN AND PATRICIA CALDERONE #5361 and #5409. John Mahlev,
Architect. Based on the Building Department's May 15, 2003 Notice of Disapproval,
Page 5 - Minutes
Regular Meeting held August 21, 2003
Southold Town Zoning Board of Appeals
applicants request a Variance under Section 100-30A for an addition with a separate
entrance, which addition will contain habitable living space, including two bedrooms, an
eat-in kitchen, a living room and a bathroom. In the alternative, a Special Exception and
Variance under Sections 100-31B and 100-32 are requested, based on the Building
Department's determination that this lot does not contain the required 80,000 sq. ft. of land
area and a two-family dwelling is permitted by Special Exception. Location of Property:
280 Pond Avenue, Southold; CTM #56-1-part of 2.1. BOARD RESOLUTION: (Please see
transcript of written statements prepared under separate cover.) After receiving testimony,
Motion was offered by Chairwoman Tortora, seconded by Member Horning, to close the
hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly
adopted (4-0). Member Goehringer was absent at this time.
1:13 p.m. PAUL PAWLOWSKI/REFLECTING NATURE LANDSCAPING INC. (a) #5365-
A for Variances under Sections 100-82A and 100-83A, based on the Building Department's
April 22, 2003 Notice of Disapproval, to establish business use on this 47,741 sq. ft. parcel
and construct a building on the existing 47,760 sq. ft. lot, and with a setback at less than
100 feet from the right-of-way facing Cox Neck Road; and (b) #5365-SE for a Special
Exception under Section 100-81B(2) to establish contractors' business and/or yard in this
Limited Business Zone District. Location of Property: 260 Cox Neck Road, Mattituck;
Heritage Harbor Filed Map, Lot #10; CTM #113-14-10. BOARD RESOLUTION: (Please
see transcript of written statements prepared under separate cover.) After receiving
testimony, Motion was offered by Chairwoman Tortora, seconded by Member Orlando, to
close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was
duly adopted (5-0).
1:28 p.m. MICHAEL AND CATHY LEHRHOFF #5376. Based on the Building
Department's March 4, 2003 Notice of Disapproval; amended May 20, 2003, applicants
request a Variance under Sections 100-242A and 100-244B in their request for an
amendment to Building Permit #28945-Z, for deck extensions, portions of which do not
meet the required 40 ft. front setback and 50 ft. rear setback, at 230 Wunneweta Road,
Cutchogue; CTM #104-11-12.1. BOARD RESOLUTION: (Please see transcript of written
statements prepared under separate cover.) After receiving testimony, Motion was offered
by Chairwoman Tortora, seconded by Member Orlando, to close the hearing reserving
decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
1:50 p.m. OMNIPOINT COMMUNICATIONS, Lessee (and GEORGE L. PENNY, iNC.,
Owner) #5357. Jacqueline Fleming, Esq; Fred Bouffard, Janet Ciamaricone, opposition.
Based on the Building Department's April 1, 2003 Notice of Disapproval, applicant
requests: (1) an Interpretation of Section 100-162 for reversal of the Building
Department's Notice of Disapproval, or (2) alternatively, a Variance under Section 100-162
for the location of a proposed telecommunications tower at less than 300 feet from
historical properties (1000-141-3-35 and 1000-141-3-39) listed on the Society for the
Preservation of Long Island Antiquities Inventory of Southold Historic Properties. Location
of Property: 12585 Sound Avenue, Mattituck; Parcel 1000-141-3-38.1. BOARD
RESOLUTION: (Please see transcript of written statements prepared under separate
cover.) After receiving testimony, Motion was offered by Chairwoman Tortora, seconded
by Member Orlando, to adjourn the hearing to October 23, 2003 at 1:00 p.m. Vote of the
Board: Ayes: All. This Resolution was duly adopted (5-0).
2:58 p.m. RESOLUTION (BREAK): Motion was offered by Chairwoman Tortora, seconded
by Member Oliva, to take a short recess. Vote of the Board: Ayes: All. This Resolution
was duly adopted (5-0).
Page 6 - Minutes
Regular Meeting held August 21, 2003
Southold Town Zoning Board of Appeals
3:09 p.m. RESOLUTION (RECONVENE): Motion was offered by Chairwoman Tortora,
seconded by Member Oliva, to reconvene the meeting. Vote of the Board: Ayes: All.
This Resolution was duly adopted (4-0). Member Orlando was absent.
PUBLIC HEARINGS, CONTINUED FROM III, above: The following public hearings were
held, with Chairwoman Tortora introducing each application, and Member reading of the
Legal Notice as published:
3:09 p.m. MARY ZUPA #5266. Eric Bressler, Esq. Opposition: S. Angel, Esq., Andrea
Collier for Mrs. Curcuru; Mary Alberi Pinker, Mark Klein, Helen Alberi. (Written submitted
by attorneys of record on 7/18 as agreed). (Carryover from July 24th agenda/hearing)i
Applicant requests Variances under Sections 100-24B and 100-32, based on the Building
Department's October 30, 2002 Notice of Disapproval for construction of a single-family
dwelling. The reasons stated in the Notice of Disapproval are: 1) the construction of a
single family dwelling on a nonconforming 75,687 sq. ft. parcel in the R-80 District is not
permitted; 2) the lot is not recognized, and its use is a marina, and 3) the construction of a
single family dwelling would constitute a second use. Property Location: 580 Basin Road,
Southold (Paradise Point); CTM #81-1-16.7. BOARD RESOLUTION: (Please see
transcript of written statements prepared under separate cover.) After receiving testimony,
Motion was offered by Chairwoman Tortora, seconded by Member Horning, to close the
hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly
adopted (4-0). Member Orlando was absent.
3:50 p.m. NICOLO AND CAROLINE DIBARTOLO #5254 - Request for a Special
Exception under Section 100~31B, to establish Accessory Bed and Breakfast Use for
lodging and serving of breakfast to transient guests, in conjunction with the owner's
residence at 475 Condor Court (extends off the east side of North Oakwood Rd), Laurel;
Parcel 1000-127-3-6.2. BOARD RESOLUTION: (Please see transcript of written
statements prepared under separate cover.) After receiving testimony, Motion was offered
by Chairwoman Tortora, seconded by Member Orlando, to close to verbatim and extend
written until September 18, 2003. Vote of the Board: Ayes: All. This Resolution was duly
adopted (4-0). Member Horning was absent.
OTHER RESOLUTIONS/UPDATED REVIEWS/OTHER:
Am Chairwoman Tortora confirmed Special Meeting 6:00 p.m. September 11,2003:
Agenda items may include public hearings adjourned from August 21, 2003 new
application calendar, continued work reviews of new files for future calendars; possible
findings/decisions on carryover applications.
B. New business - Revised calendar of meetings.
C. RESOLUTION ADOPTED: Motion was offered by Chairwoman Tortora, seconded by
Member Goehringer, and duly carried to authorized advertising of new hearings for
September 25, 2003, Regular Meeting. Vote of the Board: Ayes: All. This Resolution
was duly adopted (4-0). Member Horning was absent
Page 7 - Minutes
Regular Meeting held August 21, 2003
Southold Town Zoning Board of Appeals
There being no other business properly coming before the Board at this time,
Chairwoman Tortora declared the meeting adjourned. The meeting was adjourned at
4:30 P.M.
Respectfully submitted,
Ko~alski / /
ZBA Confidential Secretary
Included b~F41'ed ZBA De~isions (2)
~~.~DEC
So~hotd Tow. Cleri
Lydia A. Tortora,
Gerard P. Goehringer
George Homing
Ru~ D. Oliv~ Chairwoman
Vincent Orlando
APPEALS BO2tRD MEMBERS ~~~~
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF AUGUST 21, 2003
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971-0959
ZBA Fax (631) 765-9064
Telephone (63!) 765-1809
http://so atho ldtown.nor thfork.net
AppL No. 533'1 - HELEN THEOHARIS
Street & Locality: 1625 and 1745 Stars Road, East Marion
Cmtnty Tax Map ID: 1000,22-4-10 (Stars Manor #12); 1000-22-4-11 (Stars Manor #11 ).
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION: The applicant's properly consists of a total merged area of 40.786 sq. ft.. identified as
10 and 11 on Section 22, Block 4, of the Suffolk County Tax Maps. The land is vacant and is located at the intersection of
Willow Ddve and the west side of Stars Road in East Madon. This property is a single, combined area that meets the
mimmum code requirement for a lot size of 40,000 sq. ft, in this R-40 Low-Density Residential Zone District.
BASIS OF APPLICATION: Article Il, Section 100-26. based on the Building Department's February 18, 2003 Notice of
Disapproval stating that County Tax Map Parcel Numbers 10 and 11 are merged pursuant to Section 100-25 which states:
"Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has
been 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 untit the total lot size conforms to the current bulk schedule requirements."
RELIEF REQUESTED: Applicant requests a Lot Waiver to unmerge CTM 10 from CTM 11, each with an area
of 20,393 square fee~ and a minimum frontage of 119 feet along the west side of Stars Road.
FINiDINGS OF FACT
The Zoning Board of Appeals held a public headng on this application on June 19, 2003~ at which time writtan and oral
evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other
evidence, 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. Grant of a waiver to unmerqe a land area of 20,393 sq. ft. from the existin,q 40,786 sq. ft., is not
consistent with lots in the neiqhborhood.
Neighborhood lo~s to the west (CTM 31, 32, 281 of applicant's property consist of a mimmum
area 40,000 square feet, and each are improved with a single-family dwelling.
The applicant's property is vacant land which has been in common ownership consisting of a
total area of 40,786 sq. ft. since it was acqdired in 1965, and up to the present time. The southerly
20,393 sq. ft. portion of the existing 40,786 sq. ft. lot was never held in single-and-separate ownership
at any time between 1965 and the present time, as confirmed by the title search prepared by Peconic
Abstract, Inc. dated February 11, 2003.
~--% ~ uSt21 Zoo3
AppL No. 5531 - Helen Theohar s
I000-22~4-10, 11 at East Marion
Information was submitted by the applicant's attorney during the June 19, 2003 hearing that
the applicant's husband Steve, 50% owner of the property, died in May 2002, at which time the
applicant; Helen Theohads, as surviving tenant by the entirety, is the 100% owner in title. It, was also
noted that the applicant's situation requires her to obtain approvals to sell one of the former 1963
SubdMsion lots, and she wishes to retain the lot for her family's use.
Although, the former subdivision map of Stars Manor shows the applicant's property in 1963 as
two lots (#12 a~d ~ 1), the property has contained, a total area of 40,786 sq. ft. area under the zoning
code provisions dating back to at least 1978, requiring ~ingle-and-separate ownership. The 20,393
sq. ft; size~for which this waiver of merger is requested was not on any subdivision listed on the
Town s Lists .of Excepted Lots in effect since 1979.
Less than 39% of:the lots in the immediate area (adjacent to this property shown on the t963
subdivision ~ap .o,f ;Stars Ma~or and adjacent to this property shown on the subdivision map of
Highp0int at Eas~ I~lario~,. ~ect en Two, nc ") are reproved w th dwe ngs
2. ProOf was net. subm ~.t~d to,show thb. t a waiver will avoid an economic hardship.
The, t, ow~.s @Sse,sSment records shgw that the applicant(s) in 1965 acquired the vacant lands
by deedswith a value o~$2;000 for each ($4~,4)00 for 40,796 sq ft. of and)
The recor, d does~ aot demonstrate proof that there were good faith intentions, since 1965, to
separate or m~ htain, the properties as sepsrate tots or any good faith ntent on to bud two separate
dwellings, on:the,,two ~ subdivision lots, s~¢e 1965, except that a contract of sale was entered
September 27, :2002 ~o ~'ell CTM 10 for $132;900
Dudng the Ju8e ~,9 2003 hearin,g_ it was confirmed by the attorney for the applicant(s) that it
was not until 2002, When the applicant ~ husband died, that the lot was placed on the real estate
market for Sale, There~also was no proof demonstrated to show the value of the property as exists to
support applicant's c!ai~ of economic hardship, except a copy of the 2002-2003 tax bill to show a tax
levy of $446,;47 far CTM 22-4-10, the northerly half of applicant s property.
There is no proof demonstrated in the record to show that the southerly portion of the
applicant's property was maintained continuously as two separate building lots.
No appli .ca. tion to an agency for building or other approvals was filed by the owners s~nce
1965 and ne infprmatidr~ to show good faitt~ intention to separate ownersh p or otherwise separate V
maintain the 196~ sul!)dl~/imOn tots during ;t.h.e last 38 years was offered.
3, No evidence was.submitted by applicant:with regard to environmental impacts and potential effects
under Section~ i'0D,26/~(~4). A majori~.of the ot~ in the area (53%) are either vacant or I/acant as
merged with ,the~djace.n.'t improveci lots. A~least 47% of the lots; in t'f~e immediate area (cTM 22-4-1
2, 3, 5.2, 5.3~ 6,~,,8; 9~'10~ 11, 12, 13, 14;15, 16, 17, 18, 19, 20,21, 22, comb ned #23+24, 25, 26;
CTM 22-5-23~, 2'4, :25.~ 2~, zS, 31, 32 ) are a ~eady deve aped and m[~r~)ved The Board s not w ng
Page 5 - August 21,2003
Appl, No. 5331 - Helen Theoharis
1000-22-4-10, 11 at East Marion
to create additional lots that are merged with adjacent properties for an increased number of
dwellings, increased traffic, increased water and sanitary demands, and other related environmental
effects.
4. Information was subrditted to show that the property does not require fill or change in the present
grade, and natural details and character of the contours, and slopes are no different than others in the
neighborhood.
RESOLUTION/ACTION: On moron by Member OIiva, seconded by Member Orlando, it was
RESOLVED, to DENY the requested Lot Waiver to unmerge CTM 22-4-10 [rom CTM 22-4-11,
as applied for.
VOTE OF THE BOARD: AYES: Members Tortora (Chairwoman), Goehringer, Horning, Orlando, and
OliVa This Resolution was duly adopted (5- .
RUTH D. OLIVA, CHAIRWOMAN 10-31-03
Approved for Filing