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A APP'iALS BOARD MEMBERS
Ruth D. Oliva, Chairwoman
Gerard P. Goehringer
James Dinizio, Jr.
Michael A. Simon
Leslie Kanes Weisman
.
.
f
Mailing Address:
Southold Town Hall
53095 Main Road. P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex IFirst Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
http://southoldtown.northfork.net
RECEIVeD I- rfd<d
1/;/0 Am
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809. Fax (631) 765-9064
:~f2~
SOUlliUld Tt~;n Clerk
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF APRIL 13, 2006
ZBA Ref. No. 5820 - KATHLEEN FRALEIGH
Street & Locality: 650 West Road, Cutchogue
Zone District: R-40 Low-Density Residential
CTM 110-5-42 and 43 (combined/merged)
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION: The applicant's property is described land consisting of a total of
44,561 +1- square feet, identified as 42 and 43 on the Suffolk County Tax Maps, District 1000, Section 110,
Block 05. The land is improved with a single-family dwelling situated 155+- feet from the West Road to the
South, 12 feet from the easterly side property line, 41+1- feet from the northerly property line, and 120+1- feet
from the westerly property line, at its closest points. The property is located in the R-40 Low-Density
Residential Zone District, with a code limitation of 40,000 square feet minimum lot size.
BASIS OF APPLICATION: Article II, Section 100-26, based on the Building Department's October 11, 2005
Notice of Disapproval stating that County Tax Map Parcel Numbers 42 and 43 are merged pursuant to Section
100-25, which provision 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 until the total lot size conforms to the current bulk schedule
requirements. "
RELIEF REQUESTED: Applicant requests a Waiver to unmerge properties which have been merged. The
southerly portion, referred to herein as 'CTM 42', is proposed to be separated from the northerly portion,
referred to as 'CTM 43.' Each does not meet the code-required 40,000 square feet in this R-40 Low-Density
Residential Zone District, and the applicant proposes two nonconforming lots, the first with an area of 20,550+-
square feet for CTM 42, and the remaining area for CTM 43 of 24,011 +1- square feet with the applicant's
home.
ZONING CODE. SECTION 100-26:
Under ~ 100-26-A, if a lot has merged, the Zoning Board of Appeals may waive the merger and recognize
original lot lines upon public hearing and upon finding that:
(1) The waiver will not result in a significant increase in the density of the neighborhood.
(2) The waiver would recognize a lot that is consistent with the size of lots in that neighborhood.
(3) The waiver will avoid economic hardship.
..
Page 2 - April 13, 2006 I
Appl. No. 5820 - Kathleen Fralel
CTM 110-5-42 and 43 (merged/combined)
.
(4) The natural details and character of the and character of the contours and slopes of the lot will not be
significantly changed or altered in any manner, and there will not be a substantial filling of land affecting
nearby environmental or flood areas.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on March 2, 2006, 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. DESCRIBED BELOW: Based on the testimony presented, materials
submitted and personal inspection, the Board makes the following findings:
1. Grant of a waiver to unmerae a land area of 20. 550+/- sauare feet from the exlstina nonconformina lot area
of 44.561+/- sauare feet Is not consistent with lots In the nelahborhood.
A waiver would result in the creation of two nonconforming lots that are 20,550+1- square feet (CTM 43) and
24,011+/- square feet (CTM 42) - instead of a minimum of 40,000 square feet for this R-40 Low-Density
Residential District. The northerly portion of this property (CTM 43) would also be nonconforming as to lot
width - without direct frontage on a town street, since it would be served by a 15 ft. wide right-of-way easement
119+1- feet in length, extending from South Cross Road, over CTM 110-5-27 (a separate parcel in different
ownership), north of the applicant's property. The adjacent property to the west (CTM 44) extends 250 feet in j
depth from West~Road, and consists of a total area of 37,500 square feet with 150 feet along West ilOlI'e Ot/0t
Road. While other properties in the area are less than 37,500 square feet, many are developed with a
dwelling and all of those lots have direct frontage on a town street.
A single and separate search was prepared August 17, 2005 by Catharine J. King, for LandAmerica
Commonwealth. The August 17, 2005 search shows the last deed conveyances, with CTM 42 in 1976 to
James B. Fraleigh and his sister, Kathleen Fraleigh, with Joint Tenancy with Right of survivorship, from W.
Lister. CTM 43 was also acquired from W. Harry Lister, to Kathleen Fraleigh by deed dated 6/2/1966. For at
least six years, the property was not held in single and separate ownership, remaining in the same name (or
common ownership) of Kathleen Fraleigh, since the passing of her brother James Fraleigh in 2000.
2. Proof was not submitted to show that a waiver will avoid an economic hardshio.
It has been this Board's determination on numerous occasions in the past, that it is not sufficient for an
applicant to satisfy the economic hardship requirement of the statute merely by submitting that the properties
would be more valuable in an unmerged state rather than merged. This determination has been upheld by the
Supreme Court and Appellate Division. In this instance, applicant has not offered any showing of hardship
other than that found by this Board and the New York courts to be insufficient for a grant of waiver of merger.
The property has been in common ownership with a merged area of 44,561 +1- square feet since 2000 and
continuously to the present date. Although the name(s) of the individual(s) and offer with conditions for
possible purchase was not disclosed, the applicant's either have entered into a offer of sale or plan to
complete a closing on a prospective offer, after the property had merged.
.
Page 3 - April 13, 2006 I
Appl. No. 5820 - Kathleen Fralel
CTM 110-5-42 and 43 (merged/combined)
.
Information was submitted during the March 2, 2006 hearing that Ms. Fraleigh's brother, James, prior to his
passing in 2000, was co-owner of the southerly portion (CTM 42) of the entire premises and lived with
Kathleen and her husband, contributing toward half of the household expenses. The contributions stopped in
2000. Mrs. Fraleigh wishes to sell the lot for retirement income to supplement their present income and while
owning the family home in Woodside, Queens.
Proof was not submitted to show that a waiver will avoid an economic hardship. The applicant indicated that
the property would become more valuable if the lot waiver were granted, but the record does not show that
there is an economic hardship for the property to remain as one lot of 44,561 +1- square feet.
The town's assessment records show that CTM 42 was sold for $16,500 in 1976; and CTM 43 was sold for
$5,000 in 1966. The applicant submitted information indicating that the taxes paid on the entire premises
(combined), based on the 2003-2004 tax year, was $389,262 at 1.49% ratio (and with a 5,800 combined
assessment value).
There is no proof demonstrated in the record to show that the southerly portion of the applicant's property was
maintained separately for purposes of building a new single-family dwelling. No application to an agency for
building or other authorization was filed by the owner(s) during the past 30 years was offered.
There also was no proof demonstrated to show the value of the property as exists with the merger to support
applicant's claim of economic hardship, except for recent real estate listing interest and prospective sale and
value of the land if the waiver were granted.
Applicant is not obliged to sell when someone has a desire to unmerge the properties for the purpose of
acquiring the vacant portion of the premises or to provide a benefit for increased income.
3. No evidence was submitted bv aoolicant with reQard to environmental imoacts and ootential effects under
Section 100-26A(4).
The neighboring adjacent lots are already developed and improved with dwellings. The Board is not willing to
create additional future lots, increased number of dwellings, increased traffic, increased water and sanitary
demands, and other related environmental effects. Also, the lot nonconformities requested by applicant would
create lots meeting 50%, or less, of the code requirement of 40,000 square feet each, since one-acre zoning
requirements in effect since the applicant's last purchase (in 1976 for CTM 42). Although there are several
nonconforming lots in the area, some are greater than 20,550 square feet in size and developed with single-
family dwellings in this neighboring area. All of the lots in this area have direct frontage on a town street.
To create (unmerge) additional lots that do not conform to the zoning requirements and that have been
merged for a continuous period of time will result in increased number of dwellings, increased traffic, increased
water and sanitary demands, and other related environmental effects. The Board is not willing to create
additional nonconforming lots for future, increased number of dwellings, increased traffic, increased water and
sanitary demands, and other related environmental effects.
., ,
Page 4 - April 13, 2006
Appl. No. 5820 - Kathleen Fralei
CTM 110-5-42 and 43 (merged/combined)
.
RESOLUTION/ACTION: On motion by Member Simon, seconded by Chairwoman Oliva, it was
RESOLVED, to DENY the requested Lot Waiver to unmerge CTM 110-5-43 from CTM 110-5-42.
VOTE OF THE BOARD: AYES: Members Oliva (Chairwoman), Simon and Weisman. (Members Goehringer
and Dinizio abstained.) This Resolution was d~ adopted (3-0-2).
~cS) .(Q(k~
Ruth D. Oliva, Chairwoman 5/24/06
Approved for Filing
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LEGAL NOTICE
SOUTH OLD TOWN ZONING BOARD OF APPEALS
THURSDAY, MARCH 2, 2006
PUBLIC HEARING
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 SOUTH OLD
TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold,
New York 11971-0959, on THURSDAY, MARCH 2, 2006:
1:25 P.M. KATHLEEN FRALEIGH. Request for a Lot Waiver under Section 100-26,
based on the Building Inspector's October 11, 2005 Notice of Disapproval, to unmerge
County Tax Map Parcel 110-5-42 (vacant area of 20,668+- square feet) accessible from a
private right-of-way extending from the south side of South Cross Road, to be
separated from the adjacent land shown as 110-5-43 (23,893+- square feet), known as
650 West Road, Cutchogue. The entire merged area of land consists of 44,561 +- square
feet.
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 contact our office (631) 765-1809, or
linda.kowalski@town.southold.ny.us.
Dated: February 7, 2006.
ZONING BOARD OF APPEALS
RUTH D. OLIVA, CHAIRWOMAN
By Linda Kowalski
--.
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NOTICE OF DISAPPROVAL
DATE: October 1 L 2005
TO: Abigail Wickham AlC Fraleigh
PO Box 1424
Mattituck, NY 11952
Please take notice that your application dated October 7, 2005
For waiver of merger at
Location of property 650 West Road. Cutchogue. NY
County Tax Map No.1 000 - Section 110 Block.2.
Lot 42
Is returned herewith and disapproved on the following grounds:
suant to Article
"Merger. A nonconforming lot shall merge with an adiacent conforming or nonconforming lot.
which has been held in common ownership with the first lot at any time after Julv L 1983. An
adiacent lot is one which abuts with the parcel for a common course offiftv (50) feet or more in
distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk
schedul ents.
/;
CC: file, Z.B.A.
"
"
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APPLICATION FOR WAIVER UNDER
S!lN
100-26
':;
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.):,' flEe 5 LOOS
This review is for lots which have separatetl~eds r~corded prior to
1983 and' undersized, A merger determination'~'has been issued by
the Town Building Inspector (copy attached) R. //
The zoning of my parcel is presently: ,~O
The size requirement for this zone is: 40,000
per parce l', County Tax Map Parcel Nos: 1000 110
square fee t
5
4.;L
I (we), k~~l<<n t:ro.\e.l~h , as owners of the
contiguous lots shown or( the attached deeds, request a review
determination by the Board of Appeals to determine whether or not
these parcels qualify for a "w'aiver" under the merger provisions of
Article II, Section 100-26 of the Southold Town Zoning Code,
I hereby submit all of the following documents for reliance
Town of Southold in making this review determination:
/
by the
.
I, Copies of my recent tax bill for both (all) lots,
2. Copies of deeds dated prior to June 30, 1983 for all lots,
3. Copies of cur{ent deeds of the parcels under review.
(Same.. a..o- :fI=OL)
4. Copy of the current County Tax Map for my neighborhood.
5. $150,00 application check which is not refun'dable if
this waiver is denied,
I 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 and liability resulting
from the issuance of a waiver,
/ ~/,.~~#
(Applicant and Owner)
Sworn
before me this 1yof:i...
y of ;V~, ~~
(Applicant and Owner)
/
Notary
DONNA McGAHAN
-t'lotary Public, Stale of New York
No. 01MC48514511
Qualified In Suffolk County
Commla&lon Explrea AIlg. 18. 2001
approved denied (delete appropriate
documentation.
action)
A Waiver is hereby
based upon the above
Issued by
Reasons for
application(to continue
on n,ext page).
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Fraleigh Waiver of Merger Application
Applicant's Reason #1 - UNAWARE OF MERGER - My brother and I purchased
this lot in 1976, 10 years after I purchased the adjoining house parcel. We considered it a
nest egg for our retirement years. We obtained a vacant land CO from the Town to be
sure it was buildable. I did not realize that it automatically merged when my brother died
unexpectedly in 2002. I need sell the lot to help with financial concerns and learned this
past summer of the merger from my attorney. The merger was not intentional; it
occurred by operation oflaw.
FINANCIAL DIFFICULTIES
My brother James lived with my husband and me in Cutchogue until his death. He
shared 1/2 of the household expenses. I have decided to sell the lot because I need the
funds for retirement income and no longer have his contribution coming in.
My husband and I have a total of approximately $65,000 in savings. I own my
family's home in Woodside, Queens, which I use during the weeks as I still work in New
York City. Social Security and a small Pension payment make up the total of our
income. I had invested money in the stock market but lost heavily due to poor
investment advice. I am counting on the sale ofthe lot to enable us to secure our
retirement.
SIZE CONSIDERATIONS
Each of the two lots individually are larger than the other lots surrounding them. This
will not create any noticeable increase in density in the neighborhood. If the two lots are
combined, it will be far out of proportion to the size of the lots in the neighborhood, and
the house will be set back over 150 feet from the street. This would be an excessively
large front yard.
BUlLDABILITY
The lot is large enough to have a legal building envelope, as shown on the attached
sketch. It is shown as separate on the 1981 tax map, which is the Suffolk County Health
Departments criteria for establishing single and separate status.
LOT DIFFERENCES
We have always received separate tax bills. The two lots have different access - the
house over a right of way from Southern Cross; the lot fronts on West Road.
Zba/fralreason
o
OWNER
,
! d. fir J.ee~
FORMER OWNER
W, fI, L ,'.r7e'r
RES. 7--10
LAND
SEAS.
IMP.
9'00
o-tJ
<:)-6
AGE
NEW
FARM
NORMAL
Acre
Tillable 1
2
Tillable 3
Woodland
Swampland
B rushland
Hause Plot
--.
rota!
TOWN OF SOUTHOLD PROPERTY RECORD CARD
J6v7hei-' 6uirRO<l.J C d~ /0 I/e. ~
M >(y 05 I:; A5=~.
S W, TYPE OF BUILDING C'
KvFt'f1L -,ci/oIA". /"';;f,.k o#1--flt..J" - Wda' I I-d.....
FARM COMM. CB. MISe. Mkt. Value (/Ice e.t.! i I- / I. t 6 -J w.. .)
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(JtJtJ I/O .r: I ,L/ fer . ft> ;-~d Ie; r.-
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STREET
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TOTAL
3.:z C> 0
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BUILDING CONDITION
BELOW
ABOVE
Value Per
Acre
Value
"'-., --- -" ~
VILLAGE
DIST.
SUB.
LOT
"
FRONTAGE ON WATER
I
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DEPTH /!
"/30l. !
BULKHEAD
DOCK'
e-
P>Jio',n'I'\4 Lo+
TOWN OF SOUTHOLD
CONSOLIDATED REAL PROPERTY TAX BILL
DECEMBER I, 2004 - NOVEMBER 30, 2005 - TAXES BECOME A LIEN DECEMBER 1, 2004
IF THE WORD ~ARAEARS" IS PRINTED HERE SEE
COUNTY TREASURER'S NOTICE ...
ON REVEASE SIDE.
OFFICE HOURS & PHONE
MQN-FRT 8;00 AM TO 4:00 PM
631-765-1803 FAX; 631-765-5189
13558
. . . ..,
210
1",11...11"11,1,,,11,,,11,,,1,11,,,,11,,.1,1,1,,1,1,1,,1"II
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12/7/04
900
4,800
Ut"'*******'*AUTO**3-DIGIT 110
Fraleigh Kathleen
5145 70th Street
Woodside, NY 11377-7632
. .,.
"
****"'********** '"
. THIS BILL IS FOR.
INFORMA TlONAL
'PURPOSES ONL Yo'
*"''''''''''''''''''''''''''''''''''-
"
,.
.
Fraleigh Kathleen
II
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.
ASSESSED VALUE
4,800
.
.
6.40%
5.50%
RATIO
W~~~H 1.49% OF ITS,
TAX AMOUNT'""
3,003,68
242.88
TOTAL TAX
100% OF FULL VALUE
$2,214.40
$2,214.4:1
I N LEVY %
322,148
3,246.56
880.88
594.49
, FIRST' HALFTA{~;38~,02.;' 'Tr:~.' ~SE~PNDtfALF ,fAx. 2,382.02
DVEDES~t.t~.!b!~HttLtH3:i~~~!W:.i!:!R ~~f!; '10:2005
DUEDEC::1, 2OQ4PAYABLEWI1HOU1PENAlTifTOMAY31, 2005. SEe REVERSE
TUIC T^V U^V DC D^lr"Il"l ,.."IC,..O TU',.. I"ICT^I' lAC..I.,."
----<-
,
TOWN OF SOUTHOLD PROPERTY RECORD CARD
2
STREET b5 0
W~Jt ~,;d
~" N j(, Fv-:-.. fo€. r' A
S
VI LLAGE
DIST.
SUB.
LOT
DATE
C vlc.I" ,")",4- /2...
E .. ... ACR.
t:.-: M,Llo fwl::'. , "32.'
W TYPE OF BUILDING
. L I #cJd 61/ r;L()foif: ...
. COMM. CB. MICS. .... Mk,t. Value
REMARKS
/2 . SoLD ..9(( 05-00. W. L srI! .7; K. rRA.
~-
.IMP.
VL. 9
TOTAL
Wed ((Clad
FARM
RES.
/O{)6
BUILDING CONDITION
NEW
FARM
NORMAL
BELOW
ABOVE
L
Acre
Value Per
Acre
Value
Tillable
FRONTAGE ON WATER
FRONTAGE ON ROAD /lo-ff, 6.6 }1/e,j f
DEPTH I)" ~.f if ..
,.
..r~..... J"""O
Woodland
Meadowland
House Plot
r2.a- F-- .
Total
DOCK
J ,
--- , ~
I ,
I i :o-o.-c..... ---
___,'-......c.-'O
, ; "-0'
I COLOR
1 , .
I ,/t!L "O..J ,
!
I ,
TRIM
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I . i
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;:,"- I
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, v
! C/PJ
I
I .1.... .-
,
M. B1db18 X 2./:- , 3~ Bath /
22 S"02g> /?I" Foundation t:.-8' Dinette
.
'2--St- nX. 5'~ 1.s-"fJ /' ,I' Floors ~~, K.
Extens.!S'n C. I q-:.- 301./ Basement ..
EJde5~; v,(/q~ 3~ 53], Ext. Walls v: l1ur C.IIl-Yl Interior Finish 5. R.. LR.
rDen ','~!' /5 ].-
Extensibn 7 I 7
Fire Place .. M..' Heat 0, H/.!J DR.
Cj~(/~, "
Type Roof Rooms 1 st Floor BR. -e-
--I... 121<./1.{:: It;' ~ So t<f Recreation Roorr r) Room~ 2nd Floor FIN. B.
;":"L.
Porch Dormer
.
Breezeway , p"riveway
Garage
Petio
O. B.
--
Total 3 Y5'~
'~-.
",
....
, ' ,
. , .
OFFICE HOlJRs & PHONE
MON-FRI 8:00 AM TO 4:00 PM
631-765-1803 FAX: 631-765-5189
473889 110.-5-42
TOWN OF SOUTHOLD
CONSOLIDATED REAL PROPERTY TAX BILL
DECEMBER 1, 2004 - NOVEMBER 30, 2005 - TAXES BECOME A LIEN DECEMBER 1, 2004
IF THE WORD MARREARS" IS PRINTED HERE SEE
COUNTY TREASURER'S NOTICE ,J-
ON REVERSE SIDE.
..,
1",11",11"11,1",11".11",1,11",,11,,,1,1,1,.1,1,1,,1"II
...................AUTO**3-0IGIT 110
Fraleigh Kathleen & Ano
5145 70th Street
Woodside, NY 11377-7632
,.
LAND ASSESSMENT
,. .
12/7/04
1,000
1,000
,
-. .
.,
I' . II
SL)I::;/~c.+ /,,+
Fraleigh Kathleen & Ano
2003-2004 TAX PAYMENT INFORMATION NOTICE OF ASSESSED VALUE
$479:78
$461.34
, 'LEVY% .
ASSESSED VALUE
100Yo OF FULL VALUE
1,000
67,114
A
6.40%
5.50%
676.37
183.52
· FIElSl: HAtiTAX'"496.25''' <, .
[)UE.[)E~S_%,~!!-Y~BJ~!'~~_oQI ~.~~.!Y.!.9~~~~,-10,2005
FOR OTHER DISTRICTS
i:23.84
496.25
~~_E_D~~._1,~.~4B_l.f.~'fti9~T~~~~.T -.:~!..3~ ,_~~. _~~~ R~5f!~E
TOTAL TAX LEVY ~ 992.50
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