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Home My WebLink About5004 APt~EALS BOARD MEMBERS Gerard E Goehringer, Chairman James Dinizio, Jr. Lydia A. Torrora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS. DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 13, 2001 Appl. No. 5004 - JOSEPH POTORSKI 1000-79-3-16, 25 STREET &LOCATION: 4635 North Bayview Road. Southold DATE OF'PUBLIC HEARING: December 13, 2001 Southold Town Hall 53095 Main Road EO. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631j 765-1809 PROPERTY FACTS/DESCRIPTION: Applicants' property is located on Ship's Ddve in Southold. It is an unimproved lot, No. 25, indicated on the subdivision map of Bayview Woods Estates as Lot No. 4, filed in the Suffolk County Clerk's Office September 9, 1970, Map #5520. The adjoining lot to the west (No. 16), as shown on the Suffolk County Tax Map, is tocated on North Bay View Road. and is improved with the applicant's house. Lot Nos. 25 and No. 16 each .contain approximately .50 of an acre. BASIS OF APPLICATION: On August 2, 2001, the applicant's request for a merger determination, by way of a building permit application to locate a new dwelling, was denied by the Building Department, for the reason that the CTM Lot 16 has merged with an adjacent lot to the west (1000- 79-3-25) pursuant to Section 100-25. and the lots have been held in common ownership during a period of time after July 1, 1983. APPLICANT'S REQUEST: Applicant req Jests a Waiver of Merger, pursuant to Article II, Section 100-26, to unmerge Lot No. 25 from Lot No. 16. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this matter on December 13, 2001. at which tie written and oral evidence were presented. Based on all testimony, documentation, personal observations of members of the board, and other evidence, the Zoning Board finds the following facts to be true and relevant: 1. The title search prepared by Peconic Abstract indicates that Joseph J. Potorski purchased the house lot, No. 16, in 1964. recorded 12/22/64 at Liber 5674 page 174. On 10/15/1970. Joseph J. Potorski and Elenor L. Potorski, his wife purchased the vacant lot No. 25, designated on the recently approved filed subdivision Map of Bay View Woods Estates as Lot 4. In 1975. Mr. Potorski transferred ownership of the house lot to his wife's name and his name. 2. Lot No. 25 was on the Town's exert pted list of subdivisions, Section 100-t2. The lots remained unmerged until 1995. with a grace period until January 1997. Unknown to the applicant, the Town removed the exemption list from the Town Code. and in 1997. the lots became merged. 3. By way of attorney, applicant testified that as late as 1990. the Town Building Depar~mem had advised them that the two lots were single and separate. Page 2 - December 13, 2001 ZBA AppL No. 5004- J. Potorski Parcel 1000-79-3-16, 25 at Southold 4. Grant of a waiver.of merger would recognize a lot that is similar in size to others in the district. The two lots. when separated, will each be approximately .5 of an acre. RESOLUTION/ACTION OF THE BOARD: In considering all of the above factors, and applying the balancing test under New York Town Law. motion was offered by Member Tortora, seconded by Member Collins, and duly carried to GRANT the requested Waiver of Merger. This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the Zoning Code other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Goehdnger (Chairman). Dinizio. Tortora, Collins. and Homing. This Resolution w~dopted (5-0). //~ G d P. G hdng .Chalrma / ,¢~,/0/ NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY. DECEMBER 13, 2001 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be heard at public headng by the SOUTHOLD TOWN BOARD OF APPEALS at the Town HalL, 53095 Main Road, Southold. New York 11971, on THURSDAY, DECEMBER 1-3, 2001, at the time noted below lor as soon thereafter as possible): 7:30 p.m. Appl. No. 5004 - J. POTORSKI. This is a request under Code Section 100- 26 for a Lot Waiver to Unmerge property shown on the Suffolk County Tax Maps as 1000-79- 3-16 from 1000-79-3-25. This request is based on the Building Inspector's August 22, 2001 Notice of Disapproval which states that Lot 16 has merged with an adjacent lot to the west (1000-79-3-25) pursuant to Section 100-25 which lots have been held in common ownership during a period of time after July 1, 1983. Location of Property: 4635 North Bayview Road, Southold, NY. The Board of Appeals will hear all persons, or their representative, desiring to be heard al [he headng, or desiring to submit written statements before the conclusion of the above hearing. This hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (631) 765-1809. Dated: November27. 2001. GERARD P. GOEHRINGER, CHAIRMAN SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FORM NO. 3 NOTICE OF DISAPPROVAL TO: Patricia Moore (re: Potorsld) 51020 Main Road, Southold, NY 11971 Please take notice that your application dated June 11, 2001 For permit merger determination at DATE: August 2, 2001 Location of property 4635 North Bay View Road, Southold County Tax Map No. 1000 ~ Section 79 Block3 Lot 16 Subdivision Filed Map # Lot # ls returned herewith and disapproved on the following grounds: The subiect lot has merged with adlacent lot to the west (SCTM # 1000- 79-3-25) pursuant m Article II Section 100-25 which states: Merger. A nonconforming lot shall merge with an adjacent conforrrdng or nonconforming lit which has been held in common ownership with the first lot at any time after Jul,/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. Authorized ~ignatm'e g CC: file, Z.B.A. TOWN HALL SOUTHOLD, NY 11971 TEL: 765~1802 PERMIT NO. Examined ,20 Approved ,20 Disapproved a/c~~]e BUILD~r'.~h~ERMIT APPLICATION CHECKLIST ~.*~o~-~a~ have or need the following, before applying ? Board of Health 3 sets of Building Plans ~ Survey Septic Form N.Y.S.D.E.C. Trustees Contact: Mail to: Phone: Building Inspector APPLICATION FOR BUILDING PERMIT Dare ., 20 E'qSTRUCTIONS a. This apphcation MUST be completely filled in by typewriter or in ink and submitted te the Building Inspector with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plol plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Bu/lding Permit. d. Upon approval of this application, the Building'Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in pan for any purpose what-so-ever until a Certificate of Occupancy is issued by the Building Inspector. APPLICATION IS HE1LEBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ord/nance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations. for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees m comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name, ifa corporation) (Marling address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner ofpr~mises (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. Location of land on which proposed work will be done: . . House Number Street County Tax Map No. 1000 Section Subdivision Block Filed Map No. (Name) 2. State existing use and occupan% mises and intended use and occup, ~'"f~"Tproposed construction: a. Ex~stmg use and occupancy - ~<f~? ~ -~ -~e'_~z~ ~/~/;- b. Intended use and occupancy /(~,,-~ / r-,~¢.~ - 3. Nature of work (check which applicable): New Building_ Addition Alteration Repair Removal Demolition Other Work Estimated Cost Fee If dwelling, number of dwelling units If garage, number of cars (Description) (to be paid on filing this application) Number of dwell/rig units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Height Number of Stories Rear _Depth Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front Height Number of Stories Rear .Depth 9. Size of lot: Front Rear .Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation: 13. Will lot be re-graded Will excess fill be removed from premises: YES NO 14, Names of Owner of premises Name of Architect Name of Contractor Address Phone No. Address Phone No Address Phone No. 15. Is this property within 100 feet of a tidal wetland? *YES NO · IF YES, SOUTHOLD TOWN TRUSTEES PERMITS MAY BE REQUIRED 16. Provide survey, to scale, with accurate foundation plan and distances ro property lines. l 7. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) '"~'J~--f~g ~ ~ ~- ~ ~ berg d~y swo~ deposes ~d says ~t (s)he ~ the ~p~c~t (Nme of ~d~l siCg con, ct'} above nmed. (S)He is the ~~n~ctor, Agent, Co,orate O~cer, erc,) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this applicatio~ that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed.in the mariner set forth in the application filed therewith. ............ ~ Sworn to before me this [{ T-PP day of ,--%¢"~/~ 20 O I - - (, o Notary Public Signature of Applicant APPLICA~ION F0n WAIVER U E ,100-2 6 r~ ~'~"~. This revzew is for lots which have separate deeds recorded prior ~o l~3_agd ~n.d~-~i~ize~. A mergsr determination has bees issueP by the ~own oul£oln§ £nspecto~ (copy a~tsched)._ The zoning of my parcel is presently: . The size requirement for this zone is: ~0~6~ square fee~ per parcel. County Tax Map Parcel Nos: ~000 7~ contiguous ic~s shown on the attached deeds, req~es~ a determination by the Board of Appeals to determine whether or these p~rce[s q~alify for ~ "wai~er" under the merEer pro~isiona Article fi, Sectio~ 100-26 of the Southold To~ Zonin~ Code. t hereby submit all of the following documents for reliance by ~he Town of Southold in making this review determination: 1. Copies of my recent tax bill for both (all) Lots. 2. Copies of deeds dated prior ~o June 30, 1983 for all lets. Copies of current d~eds of the parcels under review. Copy of the current County Tax Hap for my neighborhood. $150.00 application check which is no~ refundable if this waiver is denied. I understand that if an unfavorable waiver action is issued by the Town of Southold, that I reserve the righ~ to' file for a subdivision and, if necessary, area variances under the usual procedure. By making this applicatiom, [ hold the Town of Southold free and harmless from any and all claims and liability resulting from the issuance of a waiver. Auld Owner) {Apptican~ A ~fver ~$ hereby approved denied --~-~~s~d-_u:pon the above documen:atioa. and Owner) ~.TRIClA C. MOORE I~blary Public. State of New YoCx Suffolk County - No. 486166~ _ ~r, mission Expires June ! 6, (delete appropriate action) Issued by Reasons for app!ica~ion(UO :sntinue on nexc psge). LAND IMP. TOTAL R CORD CARD DISTRICT SUB. LOT ACREAGE CB. MISC, DATE AGE NEW NORMAL Tillable 1 Tillable 2 Tillable 3 Woodland Swampland Brushland House Plot Tocai BUILDING CONDITION BELOW Value Per Acre ABOVE Value M. Bldg. Extension Extension Extension Garage v~undation Ext. Wails Fire Place Porck Patio ~'~vewoy Both Floors Interior Finish Heart Rooms 1st Floor Rooms 2nd Floor