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HomeMy WebLinkAboutZBA-10/26/2000A~,PPEALS. BOARD MEMBERS Gerard P. G0ehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 MINUTES REGULAR MEETING THURSDAY, OCTOBER 26, 2000 A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, Octo- her 26, 2000 commencing at 5:30 p.m. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Lydia A. Tortora, Member Lora S. Collins, Member Linda Kowalski, Secretary Absent was: George Homing, Member. 5:30 p.m. Chairman Gerard P. Goehringer called the meeting to order. I. RESOLUTION/SEQRA: (None Calendared) II. PUBLIC HEARING: (None Calendared) Ill. DELIBERATIONS/DECISIONS: Copies of the original official decisions filed with the Office of the Town Clerk are attached and incorporated into this set of Minutes as though written herein in their entirety: Approvals: Appl. No. 4875 - Leslie Gazzola. Appl. No. 4878 - William S. Kelly. Denial with Grant of Alternative Relief: Appl. No. 4863 - Thomas J. Monahan. Denial: Appl. No. 4865 - Tanas Tsatsos. Page 2 - Minutes Meeting held October 26, 2000 Southold Town Board of Appeals IV. RESOLUTION/UPDATED REVIEWS: was RESOLUTION: On motion by Chairman Goehringer, seconded by Member Collins, it RESOLVED, to ADVERTISE the following applications filed in complete form by October 12, 2000 for the November 16, 2000 Hearing Calendar: 6:30 p.m. Appl. No. 4884 - BUILDING DEPT. This is a request for a Town-Wide Interpretation under Article I, Section 100-13 of the Zoning Code, as to whether or not a hot- tub or jacuzzi structure shall be considered a "swimming pool," thereby applying the same fence enclosure standards of Section 100-31C(4)(a). 6:30 p.m. Appl. No. 4891 - JAMES MILLER. This is a request for a Vadance under Article XXIII, Section 100-231 based on the Building Department's October 4, 2000 Notice of Disapproval regarding a building permit application for the reason that the paddock fence height is proposed greater than four (4) feet high in a front yard area at 2100 Arbor Lane, Mattituck, NY; Parcel 1000-121-1-1.11. 6:35 p.m. Appl. No. 4871 - WILLIAM ZOUMAS (Owner: Vera Doroski). (Continued from October 19, 2000 hearing calendar) This is a request for a Variance under Article XXlV, Section 100-244, based on the Building Department's September 11, 2000 Notice of Disapproval to locate a new dwelling with a front yard setback at less than the 40 ft. minimum code requirement, and rear yard setback at less than the 50ft. minimum requirement for a parcel of 21,580 sq. ft. in size. Location of Property: 455 Beebe Drive, Cutchogue, NY; CTM Parcel No. 1000-97-7-14. 6:40 p.m. Appl. No. 4876 - GORDON AND MADELEINE SCHLAEFER. This is a request for a Vadance under Article X, Section 100-103C, based on the Building Department's September 14, 2000 Notice of Disapproval. Applicants are proposing an addition to an existing commercial building with a new frontage facing C.R. 48 at 103 feet. Project Location: 1670 House, 47025 C.R. 48 (a/k/a Middle Road), Southold; 1000-55-2-23. 6:45 p.m. Appl. No.a 4886 - GLENN and YVONNE MCNAB, Contract Vendees (Elaine Abelson, Current Owner). This is a request for Variances under Article IliA, Section 100-30A.3 and 100-30A.4, based on the Building Department's October 2, 2000 Notice of Disapproval of an application to locate a new dwelling with accessory buildings. The dwelling is proposed at less than 50 feet from the front and rear property lines, and the proposed accessory buildings are proposed within the side yard. Location of Property: 665 Arrowhead Lane, Peconic, NY; Parcel 1000-98-3-4. Page 3 - Minutes meeting held October 26, 2000 Southold Town Board of Appeals 6:50 p.m Appl. No. 4890 - JAMES and HELEN LECHMANSKI. This is a request for a Variance under Article XXIV, Section 100-244B, based on the Building Department's September 11, 2000 Notice of Disapproval to locate an addition to dwelling and addition to accessory garage with a lot coverage for all building area over 20 percent. Location of Property: 2495 King Street, Orient, NY; Parcel 1000-26-2-45. 6:55 p.m. Appl. No. 4883 - MARl D. SHEA. This is a request for a Variance under Article XXIV, Section 100-244B, based on the Building Department's September 11, 2000 Notice of Disapproval to locate an addition to dwelling with a front yard setback at less than 35 feet, at 1350 Smith Road, Peconic, NY; Parcel 1000-98-3-25.1. 7:00 p.m. Appl. No. 4885 - F.B. HARVEY III. This is a request for a Variance under Article XXIV, Section 100-244B, based on the Building Department's September 19, 2000 Notice of Disapproval to locate an addition to dwelling with a rear yard setback at less than 50 feet. Location of Property: Private Road, Fishers Island, NY; Parcel 1000-7-6-10. 7:10 p.m. Appl. No. 4889 - RALPH and CATHERINE CASELNOVA. This is a request for a Variance under Article III, Section 100-31 Bulk Schedule, based on the Building Department's September 11, 2000 Notice of Disapproval in this minor subdivision project. The lot proposed to be set-off will contain an area of less than 80,000 sq. ft. when excluding any portion of a public or private street right-of-way pursuant to definition of lot area, Article I, Section 100-13. Location of Property: Right-of-Way off the North Side of Main Road (State Route 25), Odent; Parcel 1000-19-3-9.8 and 9.9. 7:15 p.m. Appl. No. 4887 - VICTOR and ELLA BECK. This is a request for a Variance under Article XXIV, Section 100-244B, based on the Building Department's October 5, 2000 Notice of Disapproval for an addition to dwelling which will exceed 20% lot coverage maximum for all building area. Location of Property: 2215 Minnehaha Boulevard, Southold; Parcel 1000-87-3-56. 7:20 p.m. Appl. No. 4888 - RICHARD W. GOODALE. This is a request for an Accessory Bed and Breakfast Use by Special Exception under Article Ill, Section 100- 31B(14) for the renting of up to five (5) rooms in an owner-occupied dwelling for lodging and serving of breakfast to not more than 10 casual and transient roomers, providing that the renting of such rooms is clearly incidental and subordinate to the principal use of the dwelling. Location of Property: 8755 Fifth Street, New Suffolk, New York; Parcel 1000-117- 10-13 and 14, as one lot of 40,000+- sq. ft. 7:30 p.m. Appl. No. 4881 - GINA MAXWELL. This is a request for Variances under Article III, Section 100-31 Bulk Schedule and Article XXIII, Section 100-231B, based on the Building Department's September 11, 2000 Notice of Disapproval to locate an addition to dwelling and fence. The addition is proposed with lot coverage for all building area exceeding the maximum 20% permitted by code; the fence will greater than 6.5 feet in height Page 4 - Minutes Meeting held October 26, 2000 Southold Town Board of Appeals along the side and rear yards. Parcel 1000-25-3-3.1. Location of Property: 170 Orchard Street, Odent, NY; 7:35 p.m. Appl. No. 4879 - PETER HENNESSEY and MARYANN FONTANA (Buckaneer Books). This is a request for a Variance under Article III, Section 100-31 Bulk Schedule, based on the Building Department's September 11, 2000 Notice of Disapproval for a warehouse, or storage building, which building area will bring the total lot coverage over 20% of the lot size. Location of Property: 4460 Depot Lane, Cutchogue, NY; Parcel 1000- 96-5-8. 7:45 p.m. Appl. No. 4882 - LAV-COR AGRICULTURAL INC. (Peconic Bay Winery). Applicant is requesting: (a) an Interpretation of Article X, Section 100-103C determining the yard area of the proposed "accessory Wine Tasting building" to be a rear yard instead of a front yard based on the definitions of Section 100-13; and/or (b) a variance under Article X, Section 100-103C, for a new Wine Tasting barn, in addition to the existing winery production building, which, based on the Building Department's September 20, 2000 Notice of Disapproval, is proposed for an overall length exceeding 60 ft. frontage facing the Main Road (State Route 25), Cutchogue; Parcel 1000-103-1-19.2 and 19.11. 8:00 p.m. Appl. No. 4862 - SPRINT SPECTRUM, L.P. (Owners: W. Baxter & ors.) - This is a request for a Vadance under Article III, Section 100-33A, based on the Building Department's May 31, 2000 Notice of Disapproval for removal of the existing tower and to construct new wireless communication tower at a height exceeding 20 feet above the average height of buildings within 300 feet of the facility. The height is proposed at 110+- feet from ground. Location of Property: 415 Elijah's Lane, Mattituck; County Tax Map No. 1000-108-4-11.3. Zone District: Limited Business. 8:20 p.m. Appl. No. 4864- MARTIN ROSEN. This is an Appeal requesting a Reversal of the Building Department's Revocation of Permit No. 26546-Z dated August 14, 2000 regarding a ham radio tower which exists at 11780 Sound Avenue, Mattituck, NY; Parcel No. 1000-141-3-44. Zone: LI Light Industrial. The reasons stated in the Disapproval are as follows: "Pursuant to Article XXVIll, Section 100-282B, The Building Inspector may revoke a building permit issued in error when it should not have been issued in accordance with the application law. Subject property, in LI Zone, had a pre-existing nonconforming dwelling as principle use. This use was lost pursuant to Article XXIV, Section 100-241G. Subject property does not contain a permitted principle use pursuant to Article XIV, Section 100-141A, An accessory use cannot exist without a principle use." VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Dinizio, Tortora, and Collins. (Member Homing of Fishers Island was excused-absent.) This Resolution was duly adopted (4-0). , Pa~e 5 - Minutes Meeting held October 26, 2000 Southold Town Board of Appeals Other Pending Applications with hearing dates: Carryover Hearing, tentative for DECEMBER 7: CASHY & MISTHOS Carryover Hearings, for DECEMBER 14: 7:20 p.m. Appl. No. 4877 - KENNETH ROBINS. This is a request for a Variance under Article III, Section 100-33A, based on the Building Department's August 21, 2000 Notice of Disapproval of an application for a second floor addition to existing accessory garage with a median height to collar ties as 19 feet. Location of Property: 365 Pequash Ave, Cutchogue; County Parcel No. 1000-103-7-29. 8:15 p.m. Appl. No. 4826 - WILLIAM PENNEY/TIDY CAR. (Continued hearing). Property located at the corner of C.R. 48 and Youngs Avenue, Southold, NY; 1000-55-5-2.2. Zone: B General Business. V. EXECUTIVE SESSION (none). The Chairman declared the meeting adjourned at approximately 6:20 p.m. Respectfully submitted, Linda Kowalski ///ed~~~. Secre tar y 1~31~01 - ~wa Cl'erk APPEAIdB BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora $. Collins George Homing Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS, and DETERMINATION MEETING HELD OCTOBER 26, 2000 Appl. No. 4875 - LESLIE GAZZOLA. 1000-78-5-2 Street and Location: 495 Elizabeth Lane, Southold Date of Public Headng: October 19, 2000 FINDINGS OF FACT PROPERTY FACTS: The subject property consists of 22,798 sq. ft. with 192.13 ft. frontage on Elizabeth Lane (a pdvate right-of-way) in Southold. The lot is improved with a dwelling situated with the following setbacks: (a) 35.3 feet from the front property line at Elizabeth Lane; (b) 46.1 ft. from the northeast property line (stone driveway); (c) 32.5 ft. from the southeast property line (A. Gazzola); 53+- ft. from the bulkhead. BASIS OF APPLICATION: Building Inspector's Notice of Disapproval dated September 29, 2000 states that the accessory garage (building permit #26743Z) is disapproved for the reason that the garage is placed within side yard of property, at vadance to Article III, Section 100-33 which requires an accessory building to be located in a rear yard. AREA VARIANCE RELIEF REQUESTED: Applicant requests a vadance authorizing re- location of a 19x23 ft. one-story accessory garage at 10 feet from the northerly property line and 21 feet from the eastedy property line. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or be a detriment to nearby properties. The proposed location of the garage is partially in the required rear yard area. Because of the angled placement of the principal building on the lot, the garage will for all intent and purposes appear to be in a conforming rear yard area, and will be in keeping with other properties in the neighborhood. 2. The benefit sought by the applicant cannot be achieved by some method feasible for the applicant to pursue other than area vadance because the lot is in a flood plain zone and is constrained by wetlands on the south and southwest side of the property, leaving an insufficient conforming area to locate an accessory garage without infringing upon the wetland area. 3. The area vadance relief is not substantial. Page 2 - Oct~ober 26, 2000 Appl. No. 48/b - L. Gazzola 1000-78-5-2 at Southold 4. The proposed vanance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No evidence has been submitted to suggest that the proposed partial side yard location of the accessory garage will have an adverse impact on physical or environmental conditions. 5. The action set forth below is the minimum necessary and adequate to enable applicant to enjoy the benefit of an accessory building in a desirable location on his flood plain zone and is constrained property, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member Collins, it was RESOLVED, to GRANT the vadance as applied for. VOTE OF THE BOARD: Ayes: Members Goehringer (Chairman), Dinizio, Tortora, Collins. (Absent as agreed was: Member George Horning, of Fis~cters~l duly adopted (4-0). ~/./'~~ ~"N J(~ERARD p. GOEHRI ~ j ¢' CHAIRMAN / cAPPE~L,~ BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio. Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 26, 2000 Appl. No. 4878- WILLIAM KELLY Street and Location: 1840 Brigantine Dr. and Square Rigger La,, Southold 1000-79-4-24 Date of Complete Application: September 25, 2000 Date of Public Heanng: October 19, 2000 FINDINGS OF FACT PROPERTY FACTS: This property is vacant and has a frontage of 173.65 feet along Brigantine Drive and 172.19 feet along Square Rigger Lane in Southold. A survey revised June 22, 2000 by Joseph Ingegno, L.S. shows a total lot size of 40,239.9 sq. ft. including wetlands and adjacent wetland areas. BASIS OF APPLICATION: Building Inspector's Notice of Disapproval dated September 22, 2000, denying a permit for a new house, a portion of which will be located at less than 50 feet from front property lines as provided under Code Section 100-244B. AREA VARIANCE RELIEF REQUESTED: Applicant requests front yard variances authorizing a new dwelling with a setback at 35 feet at its closest point to the front line facing Brigantine Ddve and 40 feet from the front line at Square Rigger Lane. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or be a detriment to nearby properties. The proposed location of the dwelling closer toward the front property lines is due to the limited building envelope area, in order to meet the State Department of Environmental Conservation and Town Trustee environmental permits. 2. The benefit sought by the applicant cannot be achieved by some method feasible for the applicant to pursue other than area variance because the lot is in a flood plain zone and is constrained by wetlands on the south and southwest side of the property, leaving an insufficient conforming area to locate a dwelling without infringing upon the wetland or adjacent wetland buffer area 3. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No evidence has been submitted to suggest that front yard setback reductions for a new dwelling will have an adverse impact on physical or environmental conditions. Many trees exist and will continue to buffer the land area between the wetlands and the location of the residence as proposed. 4. The action set forth below is the minimum necessary and adequate to enable applicant to enjoy the benefit of a single-family dwelling in a desirable location on this flood plain zone and is - ;APPF.,ALS~'-BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 26, 2000 App. No. 4863 - THOMAS and PATRICIA MONAHAN STREET & LOCATION: 26350 Main Road, Cutchogue DATE OF PUBLIC HEARING: October 26, 2000 1000-109-4-5 FINDINGS OF FACT PROPERTY FACTS: The subject property is on the south side of Main Road in Cutchogue with 69.4 feet of road frontage and depth of 196.6 feet on the east and 171.2 feet on the west. A survey by Stanley J. Isaksen dated February 16, 2000 shows an area of 12,384.6 sq. ft., improved with a frame residence, with a porch in front and a large deck at the rear, and a detached garage in the rear yard. BASIS OF APPEAL: Building Inspector's Notice of Disapproval dated July 26, 2000, denying a permit to build an addition onto the east side of the house for two reasons: (1) the addition would reduce the eastedy setback at the closest point to the lot line from 24.8 feet to 13 feet and this, together with the existing nonconforming westedy yard of 8.2 feet, would result in combined side yardS of 21.2 feet. whereas Code Section 100-244 requires a combined total of 25 feet; (2) the addition would increase lot coverage from the existing 21 percent to 25 percent, whereas Code Section 100-244 allows no more than 20 percent. RELIEF REQUESTED: Applicant requests a variance authonzing the project as proposed with combin,ed:side yards of 21.2 feet (13 feet and existing 8.2 feet) and lot coverage of 25 percent of the total I°t, or 3,096.15 sq. ft. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) Applicants operate a bed-and-breakfast in their home with two guest bedrooms. They wish to e~pand their home for three guest bedrooms, and to do so requires an addition to the house for their own private quarters. The presence of a large deck precludes an addition at the rear. Because the lot is narrow, and the existing westedy side yard is only 8.2 feet at its narrowest point, applicant's proposed expansion to the east requires a variance for combined side yards. Because the lot coverage already exceeds the allowable 20 percent, any addition to the house requires a lot coverage variance. (2) Applicants' property benefits from the fact that it is bordered by the open space of a golf course on the west and south. Because of this, an increase in the lot coverage is less likely to create a crowded appearance than would be the case in a more conventional setting. For this reason, an increase in lot coverage will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. "Page 2 - October 26, 2000 ZBA Appl. No. 4863 - T. and P. Monahan Parcel 1000-109-q-$ at Cutchogue (3) The proposed combined side yards of 21.2 feet would result in a tight, crowded appearance when the property is viewed from the Main Road, and would make the driveway a very narrow path. The survey of February 16, 2000 in fact shows the ddveway extends two feet over the eastedy lot line. The Board concludes that the proposed reduction of the combined side yards to 21.2 feet would have a visual impact that threatened to produce an undesirable change in the character of the neighborhood and detriment to nearby properties. (4) There is no evidence that the action set forth below will have an adverse effect or impact on physical or environmental conditions. (5) The action set forth below is the minimum necessary and adequate to enable applicants to expand their house while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. (6) The Board notes that applicant obtained authorization for a two-bedroom Accessory E3&B Use in Specia Exception No. 4403, dated August 21, 1996. The action by the Board herein does not amend that Special Exception. f applicant intends to operate a three-bedroom B&B, he must apply to the Board for a Special Exception expressly covering three guest bedrooms. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Tortora, it was RESOLVED, to GRANT the requested variance for lot coverage not to exceed 25 percent; and FURTHER RESOLVED, to DENY the requested variance for combined side yards of 21.2 feet, and ALTERNATIVELY to GRANT a vanance authorizing combined side yards of no less than 23.2 feet, based on the existing westerly yard of 8.2 feet and an eastedy yard of no less than 15 feet at the closest point to the lot line. VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Dinizio, Tortora, Collins. (Member Homing of Fishers Island was absent-during this resolution.) This Resolution was duly adopted (4-0). GERARD P. GOEHRINGER, CHAIRMAN ~.~-~7~ ~./~/,~-.Z,/.,~ APPE_,~Le~ BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF OCTOBER 26, 2000 Appl. No. 4865 - TANAS TSATSOS 1000-33-2-24 (all indusive/as single number) Street & Locality: Green Hill Lane and Sound Ddve, Greenport Date of Complete Application: September 13, 2000 Date of Public Heating: October 19, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is a vacant lot shown on the Map of Eastern Shores, Section V, Greenport, as Lot No. 133 and 134, which map was filed in the Suffolk County Clerk's Office as MaD No. 5234. This is a lot waiver request to separate the Lots 133 and 134 shown on the 1968 filed subdivision map. Each lot has 100 ft. frontage along Sound Drive and a depth of 170 feet. The eastedy portion of County Tax Map Parcel 24 CEastern Shores Lot No. 134) has 170 ft. frontage along Green Hill Road. Each lot requested in this waiver consists of 17,000 sq. ft. The existing lot size, or combined area, is 34,000 sq. ft. This property is located in the R-40 Low-Density Residential Zone, with minimum requirements of 40,000 sq. ft. BASIS OF APPLICATION: Article II, Section 100-26, based on the Building Inspector's July 26, 2000 Notice of Disapprova[ stating that Eastern Shores Lots 133 and 134 have merged. RELIEF REQUESTED: Applicant requests a Lot Waiver to unmerge the westerly half (Eastern Shores Lot 133) from the easterly half of CTH Parcel 24 (Eastem Shores Lot 134. INFORMATION AND EVIDENCE CONSIDERED BY THE BOARD: 1. The subject property is designated on the Map of Eastern Shores at Greenport, Section V, as Lot Numbers 133 and 134. This map was filed on December 31, 1968 in the Office of the Suffolk County Clerk as Map No. 5234. 2. The subject property (Numbered Lots 133 and 134) was purchased by the applicant on February 28, 1968 under one deed, filed with the Office of the Suffolk County Clerk at Liber 6513 page 374. 3. In 1981, the property was combined by Suffolk County into one parcel known as Distdct 1000, Section 33, Block 2, Lot 24, and has been identified officially as a single lot according to the Suffolk County Tax Maps since that date. 4. The applicant has received one tax bill for Lot No. 24 from the Town of Southold since 1981. 5. Applicant's agent stated that the Tsatsos intended to purchase two separate lots, however, he also conceded that there is no proof or indication from the records to substantiate that claim. Page 2 - October 26. 2000 Appl. No. 481~5- T. Tsatsos 1000-33-2-24 at Greenport 6. Both lots are located in the R-40 Low Density Residential Zone District (minimum 40,000 square feet of lot area required). The property as combined is 34,000 square feet. If unmerged, each requested lot would be 17,000 square feet. REASONS FOR BOARD ACTION, DESCP, IBED BELOW: Based on the testimony presented, materials submitted and perSOnal inspection, the Board makes the following findings: 1. A waiver would recognize a lot that is smaller than 50 percent of the size of lots in the neighborhood. Eleven (11) of the 21 lots in the area are larger than the 17,000 sq. ft. lot sizes that would result if the merged lots were separated. 2. No evidence or information was submitted by applicant to show that the waiver will avoid an economic hardship. 3. No evidence was submitted by applicant to address the issue environmental impacts in a possible determination of potential effects or the standard necessary under Section 100- 26A(4). RESOLUTION/ACTION: On motion by Member Tortora seconded by Member Collins, itwas RESOLVED, to DENY the requested Lot Waiver. VOTE OF THE BOARD: AYES: Members Goehrin~an), DiniziQ Tortora, and Collins. (Member Homing of Fishers ,s,and was ab~sed~~~ adopted (4-0).