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Southold, NY 11971 G~ • Southold, NY 11971-0959
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OOUNty,
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BOARD OF APPEALS /
TOWN OF SOUTHOLD FEB 1 0
Tel. (631) 765-1809 Fax (631) 765-9064 Southold Town Clerk
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF JANUARY 23, 2014
ZBA Application No.: 6713
Applicants/Owners: Walter C. Murphy (Estate of)
Property Location: 750 & 830 Eastwood Drive Cutchogue, NY
SCTM #'s 1000-110-03-10&11
_S_EORA 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 requirements under SEQRA.
LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is
listed under the Minor Actions exempt list and is not subject to review under Chapter 268.
BASIS OF APPLICATION: Request for a Lot Waiver under Section 280-11 to unmerge a vacant
land area of 20,800 square feet (SCTM # 1000-110-03-11) from an adjacent land area of 22,400
square feet (SCTM# 1000-110-03-10), based on the Building Inspector's Notice of Disapproval
pursuant to Section 280-10 A, determining the properties have been merged.
FINDINGS OF FACT/ REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on January 9, 2014, at
which time written and oral evidence were presented. Pursuant to § 280-11 the Applicant has
submitted documentation, to the satisfaction of the Board that these lots were merged consequent
to the death of the owner. There have been no transfers of ownership outside the family since the
time merger was effected.
Pursuant to §280-11, the Zoning Board finds that
(1) The waiver would recognize a lot that is comparable in size to a majority of the improved lots
in the neighborhood because: the subject lot is one of the 14 lots shown on the "Map of Eastwood
Estates" subdivision, filed as map #3683 at the Suffolk County Clerk on 10/16/1962, which are
all similar in size and shape.
(2) The waiver would recognize a lot that is vacant and has historically been treated and
maintained as a separate and independent residential lot since the date of its original creation
because: the lot was purchased and remained vacant as an independent developable residential lot
investment and treated as such through time by the owner.
Page 2 of 2 - January 23, 2014
ZBA#6713 - Murphy
SCTM# 1000-110-3-10& 11
(3) The proposed waiver and recognition will not create an adverse impact on the physical or
environmental conditions in the neighborhood or district because: the subject lot is one of two of
the only undeveloped lots in this 14 lot subdivision in which it is located, and therefore one more
residential dwelling would not have a substantial impact on this neighborhood.
RESOLUTION OF THE BOARD: In considering and balancing the above factors and pursuant
to the Waiver Provisions of the Town of Southold Merger Law, Section 280-11, motion was
offered by Member Schneider, seconded by Member Weisman(Chairperson), and duly carried to
GRANT, the waiver of merger as applied for and as shown on the surveys of Lot #1
(SCTM# 1000-110-03-10) and Lot#2 (SCTM# 1000-110-03-11), both dated Aug. 24,
2013 and prepared by Kenneth M. Woychuk, L.S., with the following condition:
CONDITION
1. Proof that waiver of merger is effected by way of a deed from the applicant to a separate
individual or entity conveying title to that portion of the property known as SCTM #
1000-110-03-11, (Lot #2 on "Map of Eastwood Estates"), be provided to the ZBA within
2 years of the date of this decision. Failure to comply with this condition will result in
nullification of the waiver of lot merger granted herein.
Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Dames, Horning. Absent: Member
Goehringer. This Resolution was duly adopted (4-0).
Leslie Kanes Weisman, Chai erson
Approved for filing lra /2014