HomeMy WebLinkAbout6332Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
Mailing Address:
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTItOLD
Tel. (631) 765-1809 Fax (631) 765-9064
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FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF DECEMBER 22, 2009
ZBA File # 6332: Joyce Orrigo, Applicant.
LOCATION OF PROPERTY: 66425 County Road 48, Greenport
CTM # 1000-40-02-11 and 12 (combined/merged as one lot)
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 steps under SEQRA.
LWRP DETERMINATION: This application is not subject to review under Chapter 268
because the variance relief requested does not involve features that relate to a regulated
natural feature or a bulkhead or other shoreline.
PROPERTY FACTS/DESCRIPTION: The applicant's property consists of a total land
area as combined (together) of approximately 44,000 square feet, identified as 11 and
12 on the Suffolk County Tax Maps, District 1000, Section 40, Block 02. The land is
vacant with a depth of 202.56 feet, and 219.90 feet along the north side by a town street
(Homestead Way) and 219.90 feet along the south side by County Road 48 (a/k/a North
Road). The property is located in the R-40 Low-Density Zone District.
BASIS OF APPLICATION: This is a request for a Waiver of Merger under Code Article
II, Section 280-12 (as amended) and Section 280-11 to unmerge land identified as
SCTM #1000-40-02-12, based on the Building inspector's August 4, 2009 Notice of
Disapproval citing Zoning Code Section 280-10A, which states that the nonconforming
lots merged until a total lot size conforms to the current bulk schedule (minimum 40,000
square feet in this R-40 Residential Zone district). The land is merged with the adjacent
property to the west identified as SCTM #1000-40-02-11.
ADDITIONAL INFORMATION: The applicant had previously come before the Board in
September 2005 under ZBA file #5740 requesting a Waiver of Merger of CTM #1000-40-
02-12 from CTM #1000-40-02-11. The request was Denied, because the Applicant could
not prove economic hardship. Since that time the Town Code has been changed to
eliminate the economic hardship criteria from the waiver of merger appeals process.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on December 3,
2009, at which time written and oral evidence were presented. Based upon
Page 2- December 22, 2009
ZBA File#6332- Joyce Orrigo
CTM: 1000-40-2-1 l& 12 at 66425 County Rd. 48, Gmenport
all testimony, documentation, personal inspection of the property, and other evidence, the
Zoning Board finds the following facts to be true and relevant:
1. The lot proposed for Waiver of Merger has not been transferred to an unrelated
person since the property was purchased in 1966. The two lots were merged pursuant to
the enactment of the merger law. There were no transfers of ownership outside the family
during any of this time.
2. Balancing the factors set forth in {}280-11 weighs in favor of the applicant as follows:
a. The lot to be recognized is of comparable size to the majority of improved lots in
the neighborhood. The subject lot is 0.51 acres. The lots immediately to the east and
west along Homestead Way are the same size and dimensions as shown on the "Map of
Eastern Shores at Greenport" and the County Tax Map; 1000-40-2-10.2, 13, 14 &15.
b. The lots to be unmerged are vacant. They have historically been treated and
maintained as a separate and independent residential lots.
c. The waiver of merger and recognition of a second lot will not create an adverse
impact on the physical or environmental conditions in the neighborhood. The subject
parcel is one of many vacant lots in the neighborhood. There are no wetlands and no
reported environmental constraints on the subject property.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the
balancing test under Town Code {}280-11(2), a motion was offered by Member
Schneider, seconded by Member Weisman, and duly carried, to
GRANT the application concerning Waiver of Merger of CTM #1000-40-02-12
from CTM #1000-40-02-11. In accordance with the Law as written.
Vote of the Board: Ayes: Members Goehringer (Chairman), Simon, Weisman and
Schneider. Member Homing was absent. This Resolution was duly adopted (4-0)
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