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Home My WebLink About5612PILLES, KRISTOPHER 22-2-37 R40 5612 VO WAIVER UNMERGE UNDERSIZED LOT FROM #36 395 CEDAR DR EAST MARION APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 htt p:/, sour holdtown.nor thfork.net BOARD OF APPEALS TOWN OF SOUTHOLD MEETING OF DECEMBER 16, 2004 Appl. No. 5612 - Kristopher Pilles Property Location: 395 Cedar Drive and 50 Stars Road West, East Marion CTM 22-2-37, 36 (merged) 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 an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: Applicant's property is located on Cedar Drive in East Marion. It is an unimproved lot containing an area of 6,000 sq. ft. as shown on the survey prepared by Young & Young, dated July 30, 2004, and referred to as No. 37 on the County Tax Maps. The adjoining lot to the north, No. 36 as shown on the Suffolk County Tax Map, contains 8,000+- sq. ft and the applicant's house, and is located on the corner of Cedar Drive and Stars Road (a/k/a Town Road). FINDINGS OF FACT BASIS OF APPLICATION: Building Department's August 27, 2004 Notice of Disapproval, citing Section 100-25 in its denial of an application for a building permit for a merger determination. The reason stated in the denial is that the lands have been merged since 1983. APPLICANT'S REQUEST: Applicant requests a Waiver of Merger, pursuant to Article II, Section 100-26 to unmerge County Lot No 37 from County Lot No. 36. The Zoning Board of Appeals held a public hearing on this application on November 18, 2004, at which time written 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: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. The title search prepared by First America Title Insurance Company indicated that Alice Baldes first purchased the subject lot (37) in 1952, recorded 3/25/52 at Liber 3333 Page 371. On March 22, 1952 Alice Baldes purchased the adjoining (house) lot No. 36. Page 2 December 16, 2004 Appl. No. 5612 - Kristopher Pilles CTM 22-2-37, 36 (merged) 2. Alice Baldes died 1/1/1998, and her Executor, conveyed both Lot Nos. 37 and 36 to Richard Pilles on 12/11/98. 3. Richard Pilles died, and within approximately 12 months of his father's passing, the applicant Kristopher Pilles inherited both Lot Nos. 37 and 36 by deed dated September 7, 2004. 4. In considering this application the Board notes that merged Lot Nos. 36 and 37 have been held in common ownership for 52 years. 5. Grant of a waiver of merger would recognize a 6,000 sq. ft. lot that is substantially smaller than most lots in the district and that is inconsistent with the sizes of lots in the neighborhood. 6. Grant of a waiver of merger to construct a single-family residence would result in an increase in density in the neighborhood due to the small size of the property. 7. No evidence was submitted or testimony presented to show that a waiver of merger would avoid an economic hardship. RESOLUTION/ACTION OF THE BOARD: Now, therefore, on motion by Acting Chairman Orlando, seconded by Member Goehringer, it was RESOLVED, to DENY the Waiver of Merger~ as applied for. Vote of the Board: Ayes: Members Orlando (,A.gfi'ngfhair_~), ,~ehrin.,~'nd Tortora. Nay: Member ginizio. Absent was: Chair)~orl~ ~----~:/ ~s R~lution was duly Vince~ Or~nd~ct~n~ C~irman 1/~05 Approved for Filing LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, NOVEMBER 18, 2004 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, NOVEMBER 18, 2004: 10:10 AM Kristopher Pilles #5612. Request for a Waiver under Section 100-26 to unmerge undersized lot from adjacent parcel CTM 1000-22-2-36 (50 Stars Road) based on the Building Inspector's August 27, 2004 Notice of Disapproval which states that the applicant's properties have been merged since 1983. Location of Property: 395 Cedar Drive West, East Marion; CTM Parcel 22-2-37. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to call (631) 765-1809. Dated: October 26, 2004. BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski FORM NO. 3 NOTICE OF DISAPPROVAL TO: Kristopher Pilles PO Box 504 Southold, NY 11971 Please take notice that your application dated August 27, 2004 For waiver ofmer~er at Location of property 395 Cedar Drive, East Marion, NY DATE: August 27, 2004 SEP 1 2004 County Tax Map No. 1000 - Section 22 Block 2 Lot 37 Is returned herewith and disapproved on the following grounds: ~--~ . The subject lot has merged with adjacent lot to the north (SCTM # 1000-~~ant Section 100-25 xvhich states; to Article II "Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot, which has been held in common oxvnership xvith the first lot at any time affter July 1, 1983. An adiacent lot is one which abuts xvith 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 ~cdul~ requiremelT. S:-~ Autho)~ed ~ CC: file, Z.B.A. PILLES, KRISTOPHER 22-2-37 R40 5612 VO WAIVER UNMERGE UNDERSIZED LOT FROM #36 395 CEDAR DR EAST MARION APPLICATION FOR WAIVER UNOER SECTION This review is for lots which have separate deeds recorded prior to 1983 and'undersized. A merger determination has been issued by the Town Buildfng Inspector (copy attachableS, -- The zoning of my parcel is presently: %zx ~-[(2~P The size requirement for this zone is: ~j~ square feet per parcel'. County Tax Map Parcel Nos: 1000 ~>~ - O~. - _~ I (we), , as owners of the contiguous lots shown on the attached deeds, request a review determination by the Board of Appeals to determine whether or not these parcels qualify for a "w~iver" under the merger provisions of Article II, Section i00-26 of the Southold Town Zoning Code. [ hereby submit a[l of the following documents for reliance by the Town of Southold in making this review determination: Copies of my recent tax bill for both (all) lots. Copies of deeds dated prior to June 30, 1983 for all lots 3. Copies of current deeds of the parcels under review. '~4. Copy of the current County Tax Map for my neighborhood. '~5. $150.00 application check which is pot refun'dable if this waiver is denied. [ understand that if an unfavorable waiver action is issued by the Town of Southold, that I reserve the right to file for a subdivision and, if necessary, area variances under the usual procedure. By making this application, I hold the Town of Southold free and harmless from any and all claims attd liability resulting from the issuance of a waiver. (^pp[icant a~ Owner~ Sworn to before me this Notary Publ lc A Waiver is hereby approved denied based upon the above documentation. (Applicant and Owner) JAN M..~e~.,OB S ~UBLIC 6tal~ O! New York NO. 46120~7 alifle~ in ~flolk County ~ ~,. m,ssi~ ~ Nov. 9, 20~O (delete appropriate action) Iasued by Reasons for application(tO continue on next page). PILLES, KRISTOPHER 22-2-37 R40 5612 VO WAIVER UNMERGE UNDERSIZED LOT FROM #36 395 CEDAR DR EAST MARION LONG ~ormer\~ oov~ or ~ ~or~3no ~' BY'°rv' B~O° parr y of the ~t part, GEORGE BALDES, end ALICE B~LDES~ his wife, residing at 120-08 9?th Avenues Richmond Hills Long Island, ~ew York~ g. ~ deg. 10' 10" E. two hundred eighty (28~) fe~t~ more or less~ to the point of beginning. BEING ~ED INTENDED TO DE THE g~ premises conveyed to ~lice ~ldes~ by Psuline C~se~ by deed dated November 15~ 19~ Suffolk County ~erk's Office in Liber 4021 page