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APPEAI~S. BOARD MEMBERS
Gerard P. Gcehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Ri~J~ C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
ACTION OF THE BOARD OF APPEALS
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Appl. No. L[229.
Upon Application of FRANK R. ZALESKI. Application requesting review and
determination confirming or recognizing this vacant lot as exists with nonconforming
area, width and depth; ref.: Article XXIV, Section 100-2u,~, of the Zoning Code.
Location of Property: Lot #11 on the 1965 filed map of Deep Hole Creek Estates;
also known as 1100 Theresa Drive, Mattituck, NY; County Tax Map Parcel ID No.
1000-115-13-15. Zone District: R-U,0 Residential~
WHEREAS, a public hearing was held on April 6, 1994, at which time those
who desired to be heard were heard and their testimony recorded; and
WHEREAS, the Board has carefully considered ali testimony and documentation
submitted concerning this application; and
WHEREAS, Board Members have personall.y viewed and are familiar with the
premises in question, its present zoning, and the surrounding areas; and
WHEREAS, the Board made the following Findings of Fact:
1. By this application, applicant seeks a determination under the Zoning Code
that the subject premises complies with the lot area and width regulations of the
zoning code applicable to the R-tO Low-Density Residential Zone District for
single-family residential use.
2. The premises in question is identified on the Suffolk~ County Tax Maps as
No. 1000-115-13-15 and is located along the westerly side of Theresa Drive. Hamlet
of Mattituck.
3. It is noted for the record that:
(a) the subject land, and the adjacent lands, have had several conveyances
since 19u,3, as shown on the single-and-separate search dated December 7, 1993,
submitted with this application;
(b) the lands contiguous and immediately adjacent to the subject lot are
shown on the Suffolk County Tax Map as Lots 10, 14 and 16.
Lt. A survey prepared for Frank R. Zaleski May 2, 1985 by Roderick VanTuyl,
P.C. has been submitted under this application, which depicts 100 ft. (lot width)
F~g.e ~ - AppI. No. 4229
Matter of FRANK R. ZALESKI
Decision Rendered April 6, 1994
frontage along Theresa Drive, lot depth along the northerly side property line of
183.10 feet, and total lot area of 20,020 sq. ft.
5. For record purposes the following additional information is furnished:
(a) during January 1965, the zoning requirement was a minimum lot area of
12,500 sq. ft.; this parcel existed as Lot No. 11 as shown on a certain map
entitled, "Map of Deep Hole Creek Estates" as Map No. 4256, and conformed to the
zoning requirements;
lb) during 1971, the Southold Town
12,500 sq. ft. to a minimum of 40,000 sq.
single-and separate during this time period,
sq. ft., lot width at 100 feet.
Zonino~ r'~n, Hir~menf was changed from
ft.; this lot was found to remain
with a substandard lot area of 20.020
(c) during 1983, the Southold Town Zoning requirement was changed from
40,000 sq. ft. to a minimum of 80,000 sq. ft. in area, 175 ft. lot width, and 250
lot depth; this lot remained single-and-separate as a nonconforming substandard
vacant lot.
(d) on January 10, 1989, a new Master Plan was adopted, and the zoning for
this property was changed to R-40 Low-Density Residential with a lot size
requirement of 40,000 in area, 150.0 ft. in width, and 175.0 ft. in depth, excepting
those lots held in separate ownership. This lot was in January 1989 in
single-and-separate ownership. However, in March 1990 Frank R. Zaleski became
the surviving tenant by the entirety when his wife, co-owner of County Parcel No.
10, died while he remained the owner of Lot 15. on January 22, 1993, a one-half
interest of Lot No. 10 was conveyed by the applicant as survlving tenant to Johanna
Mary Zaleski.
6. For the above reasons, it is determined and found that the owners have
adequately proven their intent to keep the lots in single and separate ownership,
and its existence under zonin9 is confirmed and recognized as a singte and separate
lot,
Accordingly. on motion by Member Wilton. seeonded by Member Dinizio. it was
RESOLVED. that the subject parcel, identified on the Suffolk County Tax Maps
as No. 1000-115-13-15. presently owned by Frank R. Zaleski. be and hereby is
CONFIRMED and RECOGNIZED as a single-and separate lot. provided that at the
time of an application for a building permit to construct, or other activity, all
set-back, zoning (with the exception of lot area. width and depth), health
department, and other department/agency permits are obtained in accordance with
.P~geo3 - Appl. No. 4229
Matter of FR^NK R. Z^LESKI
Decision Re~ndered April §, 1994
the rules and requirements in effect pe~tainincj to that project or activity.
Vote of the Board: Ayes: Messrs. Goehrlnger,, Doyen. Dinizio. Villa and
Wilton. This resolution was duly adopted.
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