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Home My WebLink About8044 BOARD MEMBERS ��OF S0l/jyo Southold Town Hall Leslie Kanes Weisman, Chairperson ,`O !� 53095 Main Road•P.O.Box 1179 Patricia Acampora Southold,NY 11971-0959 Robert Lehnert,Jr. vs Office Location: Nicholas Planamento G,'�c► • �OQ Town Annex/First Floor Margaret Steinbugler �IiYCOU Nov 54375 Main Road(at Youngs Avenue) ' Southold,NY 11971 http://southoldtownny.gov RECEIVED ZONING BOARD OF APPEALS J-� 6s o2.=09 TOWN OF SOUTHOLD NOV 10 Tel. (631) 765-1809 Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 6,2025 ZBA Application No.: 8044 Applicants/Owners: Randolph Polyn Property Location: 2900&3000 Grand Avenue,Mattituck,NY SCTM No. 1000-107-2-5 & 107-2-6 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions,without further requirements under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was not required to be referred to the Suffolk County Department of Planning under the Suffolk County Administrative Code Sections A 14-14 to 23. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject property,Lot No.6, is a 25,719 square foot parcel located in the R-40 Zoning District.The lot has a road frontage of 117.37 feet along Grand Avenue to the west,217.80 feet running to the east adjacent to Lot No. 5 to the north, 116.93 feet running south adjacent to the property to the east,and 221.34 feet on its southerly border back to Grand Avenue. The parcel is undeveloped with the exception of the remains of a wire fence surrounding a former garden as shown on a survey prepared by Nathan Taft Corwin,III,L.S.,dated May 16,2025.The adjacent Lot No. 5 is an improved parcel as shown on a survey prepared by Ward Brooks,L.S., dated December 20, 2023. This survey does not indicate the size of Lot No. 5, but shows it with 100 feet fronting Grand Avenue to the west and continuing 259.95 feet northeast along Grand Avenue,then measuring 250.00 feet south along the easterly property line,returning 217.80 feet along the southerly property line back to Grand Avenue. BASIS OF APPLICATION: Request for a Waiver of Merger under Section 280-11 to unmerge a vacant land area of 25,719,square feet(SCTM 1000-107-02-06) from an adjacent land area of 36,590 square feet(SCTM 1000-107-02-05, area based on information provided by applicant's representative), based on the Building Inspector's Notice of Disapproval pursuant to Section 280-10 determining the properties have been merged: Page 2,November 6,2025 #8044,Polyn SCTM No. 1000-107-2-5& 1000-107-2-6 "A non-conforming lot shall merge with an adjacent conforming or non-conforming lot 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. Non-conforming lots shall merge until the total lot size conforms to the current bulk schedule requirements at a minimum of 40,000 sq.ft. in the R-40 Residential Zoning District; located, at 2900 and 3000 Grand Avenue, Mattituck, NY. SCTM Nos. 1000-107-2-5 and 1000-107-2-6." ADDITIONAL INFORMATION: Pursuant to a Single and Separate Title Search conducted by Chicago Title Insurance Company, dated August 8,2024,the following chain of title was discovered for SCTM#1000-107- 2-6,the subject parcel: 1. Hugh Benjamin&Venie Benjamin to John and Edna Polyn: 07/08/1963 2. John Polyn and Edna Polyn to Randolph Poylyn: subject to life estate: 12/05/1996 3. John Polyn died a resident of Suffolk County on 06/04/2000 4. Edna Polyn died a resident of Suffolk County on 11/5/2000 As such,the subject parcel has not changed ownership out of the family to the current date. The adjacent parcel, SCTM#1000-107-2-5,was also held by the Polyn family,but has since been sold to Andrea&Angelo Provvisiero on January 23,2024, recorded on February 15, 2024. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The standards for the granting of a waiver of merger are contained in Section 280-11 of the Town Code. Sections 280-11(A)and(B)require that the Board engage in a two-prong test before granting a waiver of merger. Pursuant to Section 280-11(A)the Board must determine whether the lot proposed to be recognized has been transferred to an unrelated person or entity since the time the merger was effected. If the lot has been transferred to an unrelated person,the lot is not eligible for a waiver of merger. Pursuant to Section 280-11(B), if the lot has not been transferred to an unrelated person,the Board must engage in a balancing test of 3 factors to determine whether the lot is eligible for a waiver of merger, namely,whether(1)the proposed waiver would recognize a lot that is comparable in size to a majority of the improved lots in the neighborhood, (2)the lot proposed to be recognized is vacant and has historically been treated and maintained as a separate and independent residential lot since the date of its original creation,and (3)the proposed waiver and recognition will not create an adverse impact on the physical or environmental conditions in the neighborhood or district. The Zoning Board of Appeals held a public hearing on this application on October 2, 2025, at which time written and oral evidence were presented. Pursuant to § 280-11(A)the Applicant has submitted documentation to the satisfaction of the Board that there have been no transfers of ownership of the lot outside the family since the time merger was effected. Consequently,the lot is eligible for a waiver of merger. Pursuant to §280-11(B),the Zoning Board finds that: (1) The waiver would recognize a lot that is comparable in size to a majority of the improved lots in the neighborhood because: The surrounding neighborhood is characterized by lots of varying dimensions, with the majority being comparable in size to the subject parcel. Lot No. 6 is similar in area to numerous parcels located along Page 3,November 6,2025 #8044,Polyn SCTM No. 1000-107-2-5& 1000-107-2-6 Knollwood Lane. Many of the lots within the surrounding neighborhood are substandard in size, a condition commonly found within the R-40 Zoning District. Accordingly,Lot No. 6 is consistent in both size and character with other improved properties in the immediate vicinity. (2) The waiver would recognize a lot that is vacant and has historically been treated and maintained as a separate and independent residential lot since the date of its original creation because: Upon inspection of the property, it is evident that Lot No. 6 has historically been maintained and treated as a separate and independent parcel from Lot No.5 since its creation.The lot remains largely unimproved and has consistently been identified as a distinct tax parcel, with its own tax map number separate from that of Lot No. 5. (3) The proposed waiver and recognition will not create an adverse impact on the physical or environmental conditions in the neighborhood or district because: There will be no discernible adverse impacts upon the,physical,or environmental conditions within the surrounding neighborhood. The unmerging of Lot No. 6 from Lot No. 5 will result in the creation of one additional building lot that is comparable in size and character to other lots in the vicinity. In accordance with current Suffolk County Department of Health Services regulations, the construction of any single- family dwelling on the subject lot will require the installation of an Innovative/Alternative (I/A) wastewater treatment system,thereby ensuring that minimal potential adverse environmental impacts will occur. RESOLUTION OF THE BOARD: In considering and balancing the above factors and pursuant to the Waiver Provisions of the Town of Southold Merger Law, Section 280-11, motion was offered by Member Lehnert, seconded by Member Planamento, and duly carried to GRANT the waiver of merger as applied for, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Proof that waiver of merger is effected by way of a recorded filed deed from the applicant to a separate individual or entity conveying title to that portion of the property known as 3000 Grand Avenue,Mattituck,NY be provided to the ZBA within 2 years of the date of this decision. Failure to comply with this condition will result in nullification of the waiver of lot merger granted herein. 2. In the event that an approval is granted subject to conditions,the approval shall not be deemed effective until the required conditions have been met; and failure to comply therewith will render this approval null and void. Vote of the Board: Ayes: Members Planamento, Lehnert, Acampora and Steinbugler. Nay: None. This Resolution was duly adopted(4-0). (Chairperson Weisman abstained). Nic o as J. Planamento,Vice Chair Ap o ed for filing �,� /0� /2025