Loading...
HomeMy WebLinkAbout3766 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. TELEPHONE (516) 765~1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H.$AWlCKI ACTION OF THE BOARD OF APPEALS Upon application of WILLOW TERRACE FARMS, INC. for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area of Lots referred to as "No. 17, 18, 19, and 20, Minor Subdivision of Willow Terrace, Section Two mapped November 25, 1977" and located along Major's Pond Road, Orient, NY; County Tax Map Parcel No. 1000-26-2-part of 39.5 (and 39.1). WHEREAS, a public hearing was held and concluded on August 18, 1988 in the Matter of the Application of WILLOW TERRACE FARMS, INC. under Appeal No. 3766; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally 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. The premises in question is located in the Residential and Agricultural Zoning District and is identified on the Suffolk County Tax Maps as District 1000, Section 026, Block 2, 39.5. (part of 39.1). 2. The subject premises is unimproved, except for the pending construction of a new single-family dwelling under pending Building Permit 916900Z issued April 29, 1988 as shown by survey prepared by Roderick VanTuyl, P.C. amended March 10, 1988, County Health Department approval ~88-S0-41 dated April 21, 1988. Page 2 - Appl. No. 3766 Matter of WILLOW TERRACE FARMS, INC. Decision Rendered September 16, 1988 4. By this application, appellant requests approval of the insufficient lot area of the following lots: (a) No. 17 of 76,800 sq. ft. with frontage along Nelson Drive of 240 feet, Majors Pond Road 320 feet, and Rowe Drive of 240 feet; (b) No. 18 with 42,571 sq. ft. and frontage along the east side of Majors Pond Road of 278.35; (c) No. 19 of 40,988 sq. ft. with frontage along Majors Pond Road of 183 feet; (d) No. 20 of 41,238 sq. ft. with frontage of 185 feet along Majors Pond Road. Remaining as proposed is a parcel of approximately 1.8 acres (immediately abutting the Park and Playground Area). The roads and Parcels No. 39.11 and 39.7 are also shown on the Map surveyed for Robert J. and Nancy R. Douglass, signed by the Planning Board Chairman September 14, 1981. 5. Article III, Section 100-31, Bulk Schedule, of the Zoning Code requires a minimum lot area of 80,000 sq. ft. (eff. 5/83). 6. Article III, Section 100-31 (eff. 10/83) excepted those lots having a lot area of less than 80,000 sq. ft. that were "held in single and separate ownership prior to November 1971, and thereafter," or were approved by the Planning Board prior to May 20, 1983. The record shows that these parcels were not held in single and separate ownership, although conveyances were made and Town records show informal updates to the Planning Board (excerpt of 7/19/71 P.B. minutes) concerning a pending subdivision of "Willow Terrace, Sec. II" and its status with the Suffolk County Department of Health Services (Hearing held 7/14/71). 7. No prior appeals have been found of record concerning these premises, except for approval of access as required by New York Town Law, Section 280-a (see Appl. No. 2493 and 183). 8. For the record it is also noted that Willow Terrace Section Two was mapped November 17, 1972 by VanTuyl & Son, Surveyors, for the entire 9.5+- acres for one-half-acre lots No. 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29 30, and said map was, upon information and belief, re-mapped into one-acre lots during the 1970s (and prior to the adoption of the 80,000 sq. ft. requirement in May 1983). Page 3 - Appl. No. 3766 Matter of WILLOW TERRACE FARMS, INC. Decision Rendered September 16, 1988 9. It is the understanding of the Board that although separate tax bills have been submitted, and separate land conveyances have been made in the past concerning this property, the subdivision process of the Town was not finalized (particularly during the period of time when the lesser standard for lot area was permitted prior to May 1983). 10. Although Building Permit No. 16900Z was issued for the construction of a single-family dwelling, no representation has been made or evidence submitted that the Subdivision Map of Section Two of Willow Terrace was officially accepted and approved by the Town. This Board is without authority to approve subdivisions. This Board does agree that the layout of the remaining Section of land (established prior to May of 1983) does lend to the practical difficulties in this case, but does not agree that the relief as requested is the minimum necessary as required by the Courts. 11. In considering this alternative relief, the Board also finds and determines: (a) the practical difficulties claimed are sufficient to warrant a grant of a variance for alternative, minimal relief; (b) that the circumstances are unique to the property and are not shared by other properties in the neighborhood; (c) there will be no substantial change in the character of the neighborhood or detriment to adjoining properties; (d) that the relief requested is substantial in relation to the current lot size requirement; (f) that the difficulties can be obviated by some method feasible for appellants to pursue, other than a variance; (g) that the relief as alternatively approved is the minimal necessary under the circumstances; (h) that in view of the manner in which the difficulties arose and in considering all the above factors, the interests of justice will be served by granting alternative relief, as further noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to GRANT Alternative Relief for the following lot area reductions: (a) Lot No. 1 located to the most southeasterly section of the premises and identified on the Suffolk County Tax Maps as District 1000, Section 26, Block 2, Lot 39.1, to be of an approximate area of 1.5+- acres; (b) Lot No. 2 located i~mediately north of Lot No. 1 and identified on the Suffolk County Tax Maps as part of Lot 39.10, to be of an approximate area of 57,000+- sq. ft.; Page 4- Appl. No. 3766 Matter of WILLOW TERRACE FARMS, INC. Decision Rendered September 16, 1988 (c) Lot No. 3 located immediately north of Lot No. 2 and also identified on the Suffolk County Tax Maps as Part of 39.10, to be of an approximate area of 77,800+- sq. ft. (d) Lot No. 4, referred to on the survey map amended March 22, 1988 as "17", and identified on the Suffolk County Tax Maps as Part of 39.10, fo be of an approximate area of not less than 76,800 sq. ft., as applied; and BE IT FURTHER RESOLVED, that the Variances as requested under Appeal No. 3766 are accordingly denied as submitted. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Sawicki. (Member Doyen of Fishers Island was absent due to serious family illness.) This resolution was duly adopted. lk GERARD P. GOEHRINGER CHAIRMAN RECEIVED AND FILED BY THE SOUTHOLD TOWN CLF. RK DATE/c?-- ~' j '~ HOUR ? Tow, l~C_l~rk..,Town o.f Sout~old