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HomeMy WebLinkAbout1000-69.-6-3 & 4AP~gEAL~ BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD July 23, 2001 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 76571809 Patricia C. Moore, Esq. ~ 51020 Main Road SouthoId, NY 11971 ('-- b /~ ~¢' Re: Appl. No. 4967 - Area Variances (Jerome P~?osed Subdivision) Dear Mrs. Moore: Enclosed please find a copy of the determination rendered by the Board of Appeals at our July 19, 2001 Meeting. Please be sure to return to the Planning Board and any other agencies having jurisdiction regarding the proposed subdivision application. Copies of this determination were furnished today to the Planning Board and Building Department for their update and permanent records. Very truly yours, Enclosure Copy of Decision to: Building Department -? Planning Board ~ GERARD P. GOEHRINGER CHAIRMAN JUL 2 Zuu! Southold Town Planning Board A~PE~LS, 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 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 19, 2001 Appl. No. 4967 - THOMAS JEROME AND OTHERS STREET & LOCALITY: 48220 Main Road, Southold DATE OF PUBLIC HEARING: July 12, 2001 FINDINGS OF FACT PARCEL 1000-69-6-7 PROPERTY FACTS/DESCRIPTION: The subject property is situated on a 4.423 acre parcel located along the south side of State Route 25 (a/k/a Main Road), Southold. The property is improved with a two-story and one-story stucco principal dwelling structure and accessory buildings. The only survey of record is dated August 10, 1996, prepared by Roderick VanTuyl, P.C. for the new owners, Daniel, Thomas C. and Gregory Jerome. BASIS OF APPEAL: The Building Inspector's May 2, 2001 Notice of Disapproval, based on applicant's request for a subdivision of land, which states: "one of the lots, proposed at 1.08 acres, contains a preexisting 2-family dwelling, Bulk Schedule requires a minimum lot size of 160,000 sq. ft. for this use." RELIEF REQUESTED: Two lots, one with a two-family dwelling on 1.08 acres of land instead of 160,000 sq. ft. of land. The second lot, which is proposed in a subdivision to the Planning Board, is proposed for a single-family dwelling use on 3.342 acres. No more than three dwellings units will exist on the overall density of 4.423 acres. INFORMATION AND EVIDENCE CONSIDERED BY THE BOARD: I. Applicant proposes to subdivide a 4.423-acre parcel into two lots in this R-80 (80,000 sq. ft. minimum) zoning district. The proposed front lot consists of approximately 1.081 acre, and is improved with a preexisting two-family dwelling, a detached garage, and accessory structures. II. Applicant proposes to create a 15-foot wide driveway (right-of-way) along the northwest side of the front lot to provide access to the rear lot, which would consist of approximately 3.342 acres. The applicant wishes to construct a single-family dwelling on the rear lot in conjunction with use of the lot for agricultural purposes. Ill. Under a prior Application (#4625) dated October 27, 1998, the Board of Appeals recognized that the two-family use of the principal dwelling pre-dated zoning and was therefore not subject to a Special Exception permit. As a lawful pre-existing use, the Board believes that the code-required minimum lot size of 160,000 sq. ft. for a two-family dwelling is not applicable because the use was established on this 4.423 acre parcel prior to zoning. REASONS FOR BOARD ACTION, DESCRIBED BELOW: In considering this application, the Board finds that: Page 2 - 3uly 19, 2001 ~1~ A~ppl. No. ~t967 - D..Jerome ~chers 1000-69-6-7 1. Grant of an area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed front lot will be a minimum of one acre (43,560 sq. ft.) and is similar in size to other properties in the neighborhood. The two-family residence on the front lot has existed for more than 60 years with no ill effects on the neighborhood. The 3.342 acre rear lot will be larger than the minimum two-acre lot size requirement for this R-80 Low-Density Residential Zone District. 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than an area vadance because the two-family residence has existed in its present location for more than 60 years on this 4.423 acre property. If the applicant were to divide the property more evenly, part of the rear lot would become segmented by the extended driveway (right-of-way). 3. The requested area variance is not substantial. The front two-family residence lot will be a minimum of one acre (43,560 sq. ft.) and is not subject to the code's minimum lot size requirements because the use existed pdor to zoning. The rear lot will be approximately 3.342 acres and exceeds the code's 80,000 sq. ft. minimum lot size. 4. The difficulty has not been self-created because construction and placement of the existing structures were created prior to zoning and lot-size requirements. 5. 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 the proposed subdivision plan will have an adverse impact on physical or environmental conditions in the neighborhood. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member Collins, itwas RESOLVED, to GRANT the variance as applied for, subject to the following CONDITIONS: There shall be no further subdivision on all or any part of this property at any time. 2. The applicant shall provide the Board of Appeals with a survey which shows the exact dimensions of the rear lot, right-of-way, driveway, and related information. 3. The front lot shall contain a minimum of 43,560 sq. ft. VOTE OF THE BOARD: Ayes: Members Goehringer (~hafr~z,~;~'To~a, al~o.~s. This Resolution was duly adopted (4-0). ,,'~' / ×~. ~ ,,~RARD P. GOEHRINGER, CHAI,~,IAN PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: Gerard P. Goehringer, Chairman, Board of Appeals Robert G. Kassner, Site Plan Reviewer ~ Thomas Jerome, Site Plan Main Road, Southold SCTM# 1000-69-6 -3 & 4 DATE: July 9, 2001 The Planning Board has a site plan application for the above tax parcel and project. The Board does not have an application for a set off/subdivision on tax parcel SCTM#1000- 69-6-7, but would have jurisdiction when an application is filed. Mrs. Moore states in her letter that the Planning Board had approved the location of the property line shown on her subdivision map. The Board did not approve the location of the line as shown on the map.