HomeMy WebLinkAbout1000-35.-4-28.36 OF'F'ICE LOCATION: MAILING ADDRESS:
Town Hall Annex P.O.Box 1179
54375 State Route 25 Southold,NY 11971
(cor.Main Rd. &Youngs Ave.) ALI Telephone:Southold, 631 765►-1938
So ,
wvw.s outhol dt owrmy.gov
UfMi
:PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM,
To: Leslie Weisman, ZBA Chairperson
Members of the Zoning Board of Appeals
Donald J. Wilcenski Planning From g Board Chairman
Members of the Planning Board *V-k
Date: January 16, 2019
Re: Request for Comments for Renee Poncet & Stephen Fitzpatrick
SCTM#1000-38.-4-28.30 ZBA #7242
The Planning Board received your request for comments regarding the above- referenced
action to recognize a nonconforming lot created by deed in 2008 in the R--40 zoning District
and supports the recognition of this lot through an area variance and a resubdivision
application. I
In a letter to the Planning Board dated September 2, 1988, the Town Attorney addressed the
uniqueness of this situation, and how to proceed given the desire of adjacent property owners
to purchase portions of the underwater land. We stated that if a property owner with uplands
abutting Fordham Canal, a manmade water source, purchased the adjacent underwater land,
that property owner should seek approval for a lot line change from the Planning Board to
create a recognized lot as per Town Code.
The lot line change, also known as resubdivision, would merge the underwater land with the
existing parcel. In this case, the applicant purchased the underwater land and filed deeds in
2008. The resulting parcel remains non-conforming in size, thus the variance is required prior
to the Planning Board application.
While the creation of a non-conforming lot and the annexation of underwater land by adjacent
property owners are not generally supported by the Planning Board, this case is unique. The
I
nderwater land is a privately-owned manmade canal, and the parcel is already non-
conforming in size and will not be made more non-conforming by this resubdivision.
Thank you for this opportunity to provide comments. If you should have any questions or
require additional information, please do not hesitate to contact the Planning Office.