HomeMy WebLinkAboutZBA-11/20/2003 x` c
.kPPEALS BOARD MEMBERS p�► OG Southold Town Hall
Ruth D. Oliva, Chairwoman = 'y 53095 Main Road
Gerard P. Goehringer y Z P.O. Box 1179
Lydia A.Tortora 1;55 •. Southold,NY 11971-0959
Vincent Orlando i 4-1 p! Tel. (631) 765-1809
George Horning �1�1 �a Fax(631) 765-9064
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
MINUTES
REGULAR MEETING
THURSDAY, NOVEMBER 20, 2003
A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town
Hall, 53095 Main Road, Southold, New York 11971-0959, on Thursday, November 20, 2003 commencing at 9:25
a.m.
Present were:
Ruth D. Oliva,Chairwoman/Member
Gerard P. Goehringer, Member
George Horning, Member
Lydia A.Tortora, Member
Linda Kowalski,ZBA Confidential Secretary
Absent was: Vincent Orlando, Member..
9:30 a.m. Chairwoman Oliva called the meeting to order.
AGENDA ITEM I: The Board proceeded with the first item on the Agenda as follows:
I. SEQRA updates: Motion was offered by Member Goehringer, seconded by Member Horning, and duly
carried, declaring the following Negative Declarations with no Adverse Effect for the following projects
as applied for:
Type II Actions (No further steps -setback/dimensional/lot waiver/accessory apartment/bed
and breakfast requests):
ROBERT AND PAULINE EHRENTHAL#5427.
CARL AND ELENA PATCHKE#5428.
HOWARD AND LISA DAVIDOFF#5424.
CHARLES AND BARBARA RODIN #5433.
J &C HOLDINGS/DOLL#5419.
RICHARD and NANCY CINCOTTA#5422.
WALTER TERESKO#5429.
KAREN BROWN #5411.
DIMITRI AND HELEN SOGOLOFF#5426.
MARION JONES#5420.
JOSEPH AND DANIELLE HELINSKI#5430.
JEFFREY FORCHELLI#5418.
DOUGLAS and LYDIA DEFEIS#5438.
JOHN AND KATHY CHESKA#5423.
JOSEPH PAGANO#5434.
Page 2 -Minutes
Meeting held November 20,2004
Southold Town Board of Appeals
SEQRA Resolution, continued:
RAYMOND NINE#5435.
Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer,Tortora, and Horning.
(Member Orlando'was absent.) This Resolution was duly adopted (4-0).
Agenda Item II. DELIBERATIONS/DECISION: The Board deliberated and decided the following
application, as shown on the original filed with the Southold Town Clerk. A copy of the Board
Findings, Deliberations, and Decision is attached and incorporated into this set of Minutes as
though fully written and set forth herein with respect to the following Resolution in the Matter
of JASON TAGGART Application #5389:
On motion by Member Horning,seconded by Chairwoman Oliva, it was
RESOLVED, to DENY the requested Waiver to unmerge CTM 29 from CTM 28, as
Applied for.
Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Tortora, and Horning.
(Member Orlando was absent/out-of-state.) This Resolution was duly adopted (4-0).
Agenda Item IV-D. The Board proceeded with the following RESOLUTION: Motion was offered
by Member Goehringer, seconded by Member Horning, and duly carried, to authorize
advertising of the following public hearings for December 18, 2003:
9:45 AM MARTIN AND CLORINDA HARTMANN #5425. Applicants request Variances under Section 100-244,
based on the Building Department's June 18,2003 Notice of Disapproval,concerning a proposed addition to dwelling
with a single side yard at less than 10 feet and rear yard at less than 35 feet,at 275 Anglers Road,Greenport;Parcel
36-2-14.
9:50 AM GEORGEA KAPASSAKIS #5440. Applicant requests Variances under Section 100-244, based on the
Building Department's September 5, 2003 Notice of Disapproval concerning the location of a proposed dwelling at
less than 40 feet from the front lot line and less than 50 feet from the rear lot line, at 955 Cedar Drive, Southold;
Parcel 1000-22-2-44.
10:00 AM TERRY CAPOZZOLA#5444. Applicant requests a Variance under Section 100-244,based on the Building
Department's August 4,2003 Notice of Disapproval concerning the as-built location of an enclosed porch at less than
35 feet from the front lot line,at 10950 Sound Avenue,Mattituck;Parcel 1000-142-1-17.
10:10 AM ELIZABETH STRUPP#5442. Applicant requests Variances under Section 100-33C,based on the Building
Department's August 25, 2003 Notice of Disapproval concerning the as-built location of a shed, proposed accessory
poolhouse structure, and proposed deck,all less than 60 feet from the front lot line, at 3 Brooks Point Road (private
road), Fishers Island;Parcel 1000-3-3-5.
10:20 AM EVERETT AND MELISSA CORWIN#5445.Applicants request Variances under Section 100-244,based
Page 3 —Minutes
Meeting held November 20,2004
Southold Town Board of Appeals
Resolution to advertise for 12/18/03,continued:
on the Building Department's September 5, 2003 Notice of Disapproval concerning the proposed location of a new
porch addition at less than 35 feet from the front lot line,less than 10 feet on a single side yard,less than 25 feet total
side yards, and lot coverage exceeding 20%of the total lot size, at 706 Brown Street, Greenport; Parcel 1000-48-3-
22.
10:30 AM JOHN B. HENRY#5436. Applicant requests a Variance under Section 100-244, based on the Building
Inspector's August 14,2003 amended Notice of Disapproval,concerning a proposed addition at less than 35 feet from
the rear lot line, less than 25 feet on a single side yard, and exceeding the 20% lot coverage limitation. Location of
Property: 2360 Village Lane,Orient; Parcel 1000-26-1-15.1.
10:40 AM JOHN STADELMANN AND JEANNETTE COLEMAN#5437. This is a request for Waiver under Section
100-26 to unmerge a vacant area of 20,402 square feet,2080 Stars Road, East Marion (Soundcrest Woods,Section
I, #15, CTM.1000-22-4-20). Based on the Building Department's July 17, 2003 Notice of Disapproval. This area
merged under Section 100-25 with an improved area of 20,313 square feet referred to as 1980 Stars Road,
Soundcrest Woods#14,CTM 1000-22-4-19.
10:50 AM DEMETRA TZANOPOULOS#5449. Applicant requests Variances under Sections 100-242A and,100-244,
based on the Building Department's September 29,2003 Notice of Disapproval,concerning the location of a proposed
addition and alterations at less than 35 feet for total side yards,and with lot coverage in excess of 20%of the total lot
area,at 1040 Homestead Way, Greenport; Parcel 1000-40-2-21.
11:00 AM P.JESELSOHN AND F. DUBOIS#5448. Applicants request Variances under Section 100-244 based on
the Building Department's October 2, 2003 Notice of Disapproval concerning the demolition of an existing dwelling
and proposed new dwelling at less than 35 feet from the front lot line and less than 35 feet from the rear lot line,at 55
Bay Avenue,Greenport; Parcel 1000-43-4-45.
11:10 AM PHIL AND NANCY RODILOSSO#5443. Applicants request a Variance under Section 100-242A and 100-
244, based on the Building Department's August 29, 2003 Notice of Disapproval for proposed alterations and new
addition at less than 10 feet on a single side yard,at 2815 Sigsbee Road,Mattituck;Parcel 1000-126-6-3.1.
11:20 AM DARBY MOORE#5447. Applicant requests a Variance under Section 100-242A based on the Building
Department's September 24, 2003 Notice of Disapproval concerning proposed additions and alterations at less than
40 feet from the front lot line,at 50 Oak Road,New Suffolk;Parcel 1000-117-2-1.
1:00 PM SUSAN,JOSEPH AND DOROTHY ULRICH#5460. Applicants request a Variance under Section 100-242,
based on the Building Department's October 30,2003 Notice of Disapproval, concerning a proposed dormer addition
at less than 50 feet from the rear lot line,at 2345 Mill Creek Drive,Southold;Parcel 1000-51-6-39.
1:05 PM DONALD GRIM #5441. Applicant requests a Variance under Section 100-31A.2 based on the Building
Department's January 23,2003 Notice of Disapproval concerning a proposed horse barn on a 7.467-acre lot instead
of the code required 10 acres,after applying five(5)acres of tillable land for the existing farm stand use at 22745 C.R.
48,Cutchogue; Parcel 1000-84-1-25.2.
1:20 PM MAIN ROAD BROKERAGE. INC.#5407. Applicant requests a Variance under Section 100-122 based on
the Building Department's October 15, 2003 Amended Notice of Disapproval concerning a proposed marine
showroom warehouse located at less than 35 feet from front lot line at 61205 Main Road,Southold;Parcel 1000-56-3-
13.4.
1:30 PM OSPREY DOMINION AND LIPA. KEYSPAN #5432V and 5430SE. Location of Property: 44075 Main
Road, Peconic; Parcel 1000-75-1-20.1 and 20.2. Applicants are requesting a Variance under Section 100-33A
Page 4 -Minutes
Meeting held November 20,2004
Southold Town Board of Appeals
concerning the proposed height of new public utility wind turbine/antenna structure exceeding the code's height
limitation of 18 feet;and a Special Exception for a public utility use/structure on this 4.4+acre site.
1:40 PM STANLEY MALON #5383. (Continued hearing concerning Variances at 32845 Main Road, Cutchogue;
Parcel 1000-97-5-4.5.)
2:00 PM FRANK ORITO #5446. Applicant requests a Variance under Section 100-244 based on the Building
Department's October 20,2003 amended Notice of Disapproval,concerning a proposed dwelling at less than 35 feet
from the rear lot line,at 3420 Stars Road,East Marion; Parcel 1000-22-2-18.
2:10 PM ZOUMAS CONTRACTING#5345. This hearing was reopened by November 6,2003 Board Resolution for
submission of new information, concerning this application for a Lot Waiver under Section 100-26, based on the
Building Department's April 3,2003 Notice of Disapproval,to unmerge lands located at 155 and 205 Sunnyside Road,
Southold. Applicant proposes to build a single-family dwelling on CTM 63-1-5,containing a described area of 9,100+-
sq.ft.,merged pursuant to Section 100-25 with an adjacent area of+-18,900 sq.ft;CTM 1000-63-1-4.
Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Tortora, and Horning.
(Member Orlando was absent/out-of-state.) This Resolution was duly adopted (4-0).
Agenda Item IV-B. Chairwoman Oliva confirmed the date of the next Special Meeting,
December 4, 2003 to commence at 6 PM. Agenda items may include work session with continued
work reviews of new files for future calendars; possible findings/decisions on carryovers, and other
business properly coming before the Board at that time.
Agenda Item III. PUBLIC HEARINGS were held. The Board proceeded with the following
Public Hearings. Please see written Transcript of ZBA Public Hearings filed under separate
cover with the Board of Appeals by Florence Wiles, Certified Court Reporter:
CHARLES BOCKLET #5364 (carryover from 8/21, applicant submitted an updated survey submitted
11/12; as of 11/12 await title information regarding easement areas.) After hearing testimony, the
hearing was declared closed.
LAURENCE AND BETTYANN RUBINOW #5386 -This matter was adjourned from 9/25/03, pending
submission of an amended ND with new alternative/amended plan, which was filed. After hearing
testimony,the hearing was declared closed.
APPLICATION WITHDRAWN: ALDO BLASKOVIC #5380 - Motion was offered by Member
Goehringer, seconded by Member Tortora, to accept applicant's letter dated 11/17/03 withdrawing this
application without prejudice to reapply. Vote of the Board: Ayes: Members Oliva (Chairwoman),
Goehringer, Tortora, and Horning. (Member Orlando was absent/out-of-state.) This Resolution was
duly adopted (4-0).
Page 5 —Minutes
Meeting held November 20,2004
Southold Town Board of Appeals
RESOLUTION: Motion was offered by Member Goehringer, seconded by Chairwoman Oliva, to
approve the Minutes of the October 23, 2003 ZBA Regular Meeting. Vote of the Board: Ayes:
Members Oliva (Chairwoman), Goehringer, Tortora, and Horning. (Member Orlando was
absent/out-of-state.) This Resolution was duly adopted(4-0).
BREAK FOR RECESS: Motion was offered by Chairwoman Oliva, seconded by Member
Goehringer, and duly carried, to recess for a 10-minute break at this time Vote of the Board:
All: Ayes(4-0).
The meeting reconvened at 10:03 a.m.
III. PUBLIC HEARINGS, CONTINUED: Please see written Transcript of ZBA Public Hearings filed
under separate cover with the Board of Appeals by Florence Wiles, Certified Court Reporter.
ROBERT AND PAULINE EHRENTHAL #5427. This is a request for a Variance under Section 100-
239.4, based on the Building Department's May 13, 2003 Notice of Disapproval,for approval of the"as
built location" of the existing deck at less than 100 feet from the top of the bluff, at 19575 Soundview
Avenue, Southold; Parcel 51-4-11. During the hearing, a Resolution was offered by Chairwoman
Oliva, seconded by Member Goehringer, and duly carried, to adjourn/recess this hearing for
approximately five minutes, to allow the applicant time to stop in the Building Department for
clarification of the reasons stated in the Notice of Disapproval. Vote of the Board: Ayes: All (4-0).
This hearing reconvened, as noted below, at approximately 10:31 a.m.
CARL AND ELENA PATCHKE #5428. This is a request for a Variance under Section 100-33, based
on the Building Department's June 27, 2003 Notice of Disapproval, concerning the"as built location"of
the hot tub structure in an area other than a required rear yard, at 95 Shore Lane, Peconic; Parcel 86-
1-4.17. After hearing testimony, the hearing was declared closed.
HOWARD AND LISA DAVIDOFF#5424. This is a request for a Variance under Section 100-239.413,
based on the Building Department's June 20, 2003 Notice of Disapproval, concerning a proposed
swimming pool at less than 75 feet from bulkhead, at 1015 Kimberly Lane, Southold; Parcel 70-13-
20.6. The hearing was held and concluded, pending written submissions only, not later than
December 4, 2003 6:30 p.m.
ROBERT AND PAULINE EHRENTHAL #5427. This hearing reconvened. After hearing testimony,
the hearing was declared closed. It was also noted by the Board Members that an amended Notice of
Disapproval was not required.
CHARLES AND BARBARA RODIN #5433. This is a request for a Variance under Section 100-30A.3,
based on the Building Department's August 8, 2003 Notice of Disapproval, amended September 8,
2003, concerning a proposed second-story addition at less than 50 feet from the front property line, at
70 Strohson Road, Cutchogue; Parcel 103-10-16. After hearing testimony, the hearing was declared
closed.
J & C HOLDINGS, Contract Vendee (Owner: Doll) #5419. Applicant requests Variances under
Page 6 —Minutes
Meeting held November 20,2004
Southold Town Board of Appeals
Sections 100-30A.3 and 100-239.4A, based on the Building Department's November 7, 2002 Notice of
Disapproval, amended August 6, 2003, concerning a proposed location of a new dwelling with
setbacks: (a) at less than 50 feet from the front property line and (b) less than 100 feet from the top
of the Sound bluff, at 590 North View Drive, Orient; Parcel 13-1-5.1. After receiving testimony, the
hearing was adjourned to Thursday, December 18, 2003 at 2:30 p.m.
RICHARD and NANCY CINCOTTA #5422. Applicants are requesting a Special Exception under
Section 100-30B(1) to establish an Accessory Bed and Breakfast incidental to their ownership and
residence of the existing single-family home, for lodging and serving of breakfast to not more than four
(4)casual, transient roomers, at 26815 Main Road, Cutchogue; Parcel 109-2-15.
WALTER TERESKO #5429. This is a request for a Variance under Section 100-235A, based on the
Building Department's August 5, 2003 Notice of Disapproval, for the reason that a new dwelling is not
permitted when the lot does not have direct frontage or access to a public street in accordance with
Town Law Section 280-A, at 1077 New Suffolk Road, Cutchogue; Parcel 109-7-7.2 (formerly 5.2).
After hearing testimony, the hearing was declared closed.
BREAK: Motion was offered by Member Tortora, seconded by Member Horning, to adjourn for lunch.
RECONVENED: The meeting reconvened at 1:07 PM.
III. PUBLIC HEARINGS, continued: Please see written Transcript of ZBA Public Hearings filed
under separate cover with the Board of Appeals by Florence Wiles, Certified Court Reporter.
KAREN.BROWN #5411.. This is a request for a Variance under Section 100-244, based on the
Building Department's July 15, 2003 Notice of Disapproval. Applicant proposes addition(s) to the
existing dwelling at less than 10 feet on a single side yard, at 1300 Founders Path, Southold; Parcel
64-4-6. After hearing testimony, the hearing was declared closed.
DIMITRI AND HELEN SOGOLOFF #5426. This is a request for a Variance under Section 100-
239.4A, based on the Building Department's December 20, 2002 Notice of Disapproval, amended
August 4, 2003, concerning proposed new deck construction at less than 100 feet from the top of the
Sound bluff or bank, at 1305 Soundview Avenue Extension, Southold; Parcel 50-2-18.1. After hearing
testimony, the hearing was declared closed.
MARION JONES #5420. This is a request for a Variance under Section 100-30A.3, based on the
Building Department's February 21, 2003 Notice of Disapproval, for the reason that the proposed
addition will exceed the maximum code limitation of 2'/Z stories. Applicant proposes to convert a
cupola for accessible space, at 360 Ruch Lane, Southold; Parcel 52-2-22. After hearing testimony,
the hearing was declared closed.
JOSEPH AND DANIELLE HELINSKI #5430. This is a request for a Variance under Section 100-242A,
based on the Building Department's August 14, 2003 Notice of Disapproval, concerning proposed
additions at less than 85 feet from the front property line, at 42300 C.R. 48 (a/k/a Middle Road or
Page 7 —Minutes
Meeting held November 20,2004
Southold Town Board of Appeals
J
North Road), Southold; Parcel 59-4-2.3. After hearing testimony, the hearing was adjourned to
January 22, 2004 at 9:30 a.m.
JEFFREY FORCHELLI #5418. This is a request for Variances under Section 100-244, based on the
Building Department's April 17, 2003 Notice of Disapproval, amended August 4, 2003, concerning a
proposed addition at less than 10 feet on a single side yard and lot coverage excess of code limitation
of 20%, at 405 Lake Drive, Southold; Parcel 80-3-16. After hearing testimony, the hearing was
declared closed.
DOUGLAS and LYDIA DEFEIS #5438. This is a request for a Variance under Section 100-244B,
based on the Building Department's August 25, 2003 Notice of Disapproval, amended September 3,
2003, concerning a proposed front porch entry exceeding 30 sq. ft. in size, at less than 35 feet from
the front property line, at 1165 Cedar Point Drive West, Southold; Parcel 90-1-3. After hearing
testimony, the hearing was declared closed.
JOHN AND KATHY CHESKA#5423. This is a request for a Variance under Section 100-244B, based
on the Building Department's August 6, 2003 Notice of Disapproval, concerning a proposed addition
exceeding the code limitation of 20% coverage of this 7,528 sq. ft. lot, at 1800 Minnehaha Boulevard,
Southold; Parcel 87-2-11. After hearing testimony, the hearing was declared closed.
JOSEPH PAGANO #5434. This is a request for a Variance under Section 100-244, based on the
Building Department's July 16, 2003 Notice of Disapproval. Applicant proposes a new dwelling with a
front yard setback at less than 35 feet, at 1345 East Gillette Drive, East Marion; Parcel 38-4-21. After
hearing testimony, the hearing was adjourned to January 22, 2004 at 9:30 a.m.
RAY MOND NINE#5435. This is a request for a Waiver of Merger pursuant to Section 100-26, based
on the Building Department's August 25, 2003 Notice of Disapproval, amended September 8, 2003, to
unmerge the southwesterly 20,622 sq. ft. portion of CTM #114-11-22.1, proposed Parcel B, from the
remaining area, proposed Parcel A of 48,246 sq. ft.with an existing single-family dwelling. Location of
Property: 855 New Suffolk Avenue, Mattituck. After hearing testimony, the hearing was declared
closed.
End of public hearings.
III. WORK SESSION: Brief reviews of pending files and general discussions by Board Members followed. No
action was taken at this time, and deliberations were noted for continuation at an upcoming meeting: Bocklet,
Rubinow, Ehrenthal, Rodin, Cincotta, Brown,Sogoloff, DeFeis,Cheska, Pagano,Nine.
There being no other business properly coming before the Board at this time, Chairwoman Oliva
APPEALS BOARD MEMBERS �gOFFOUr
Southold Town Hall
Lydia A. Toriora,Chairwoman 53095 Main Road
Qprard R-Goehringer y 2 P.O. Box 1179
George Horning O Southold,New York 11971-0959
Ruth D. Oliva Chairwoman y�1J01 �a0� ZBA Fax(631)765-9064
Vincent Orlando Telephone(631)765-1809
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
-=-- --- . . FINDIN
m...:........:.::::_ ...:: =..:: GS,. ?EhIBE:RATIONS:A QD T RMINATION_ ...... _... ..... .
Ifl 6F fdEMBOR 20, 2003
Appl. No. 5389-JASON TAGGART
Location of Property: 815 Wabasso Road, Southold, CTM 1000-78-3-29, merged with 78-3-28
Date of Public Hearing:' September 25, 2003
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION: The applicant's property consists of a total merged area of 26,400 sq. ft.,
identified as 29 and 28 at Section 78, Block 3, of the Suffolk County Tax Maps. The applicant's dwelling exists
on the westerly portion of the property at 45.1 feet from the front property line facing Nokomis Road. The entire
26,400 sq. ft. parcel has 115 ft. frontage along the east side of Nokomis Road and 125 ft. frontage along the
west side of Wabasso Street, in Southold. The parcel, existing with a merged area of 26,400 sq. ft., does not
Conform to the minimum 40,000 sq.ft. lot size requirement for this R-40 Low-Density Residential Zone District.
BASIS OF APPLICATION: Applicant's request is based on the Building Department's February 18,2003 Notice
of Disapproval, determining that the subject lot, SCTM #1000-78-3-29) merged with adjacent lot to the west
(SCTM#1000-78-3-28)pursuant to Section 100-25 which states:
"Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has
been held in common ownership with the first lot at any time after July 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."
RELIEF REQUESTED: Applicant requests a Lot Waiver to unmerge 13,750 sq. ft. of area (CTM 28) from a
remaining 12,650 sq. ft.of area(CTM 29).
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on September 25, 2003, at which time
written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the
.property, and other evidence,the Zoning Board finds the following facts to be true and relevant:
REASONS FOR BOARD ACTION DESCRIBED BELOW: Based on the testimony presented, materials
submitted and personal inspection,the Board makes the following findings:
1. Grant of a waiver to unmerge a land area of 13,760 sg ft from the existing nonconforming lot area of 26 400
sq. ft. is not consistent with lots in the neighborhood.
The applicant's property consists of a total area of 26,400 sq.ft.
Adjacent neighboring lots, to the north, east, south and west are larger than the proposed unmerger by
applicant, and each are improved with a single-family dwelling, and consist of the following lot sizes: (a)to the
east, CTM 50.1 consists of 25,200+- sq. ft.; CTM 49 consists of 14,400+- sq. ft.; (b)to the west, CTM No. 16,
15, each consist of a minimum area varying between 13,900+-sq.ft.and 26,620+-sq.ft.
The applicant's 26,400 sq. ft. lot is improved with a single-family dwelling and has been in common
ownership since 1970, and up to the present time. Although the property was acquired by the applicant on
March 7, 2000, the property was never held in single-and-separate ownership at any time between 1970 and the
present time, as confirmed by the title search prepared by Fidelity National Title Insurance Company dated May
20, 2003 and other file information.
Page 2'_Noverhber 20,2003
Appl.No.5389—J.Taggart
1000-78-3-29,28
,,.... fprmationra :.aubmlttd .byths._applicant's.,attorney,...In writing, and...testimony..offered .during. the
September 25, 2UO3 �iearing that Elie app'laant's grandfather, Theodore Kwasnik, acquired the iinproved lof
(described land with a single-family dwelling, referred to as the westerly portion, CTM 28) In. 1963, and then
acquired the remaining property in 1970 (described land referred to the easterly portion, CTM 29). It was also
noted that the applicant wishes to obtain approvals to build a house (CTM 29) , and to retain the existing house
(CTM 28).
Although the property was acquired on different dates, the land is described as shown on the former
1963 and 1970 deeds conveying the property to the predecessor In title (T. Kwasnik). The property was not
created by Town subdivision approval, or listed on the Town's Lists of Excepted Lots Area and Width in effect
since 1979,and was acquired on March 7,2000 by the applicant(Jason Taggart).
2. Proof to show that a waiver will avoid an economic hardship.
The town's assessment records show that the land was split in 1963 from a 4.5 acre parcel (formerly
C.H. Wickham. A new house was built on CTM 28 during 1963. In 1970, CTM 29 was conveyed by deed,with
a value of$3,000. The August 29, 2003 fair market value opinion prepared by Mary Ann Feaval of Century 21
Agawam Albertson Real Estate indicates a-value of $450,000 if the properties remained as merged, with the
house portion valued at$399,900 and the remaining portion at $51,000. The information offered also Indicates
that the property would become more valuable if the lot waiver were granted, adding another$149,000 in value,
but it does not show that there is an economic hardship for the property to remain as one lot of 26,400 sq.ft.
The record does not demonstrate proof that there were good faith intentions at any time between 1970
and 2002 to separate or maintain the properties as separate lots or a good faith intention to build a separate
dwelling, although the properties had separate tax assessments based on the 1963 and 1970 deeds; and, that
the lots were provided as security in March 2000 in a single deed to the applicant.
There is no proof demonstrated in the record to show that the southerly portion (CTM 29) of the
applicant's property was maintained continuously as two separate building lots.
No application to an agency for building or other approvals was filed by the owners since 1965, and no
information to show good faith intention to separate ownership or otherwise separately maintain the property
during the last 33 years was offered.
3. Evidence with regard to environmental impacts and potential effects under Section 100 26A(4). The
neighboring adjacent lots are already developed and improved with dwellings. The Board is not willing to create
additional future lots, increased number of dwellings, igcreased traffic, increased water and sanitary demands,
and other related environmental effects.
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4. Information was submitted to show that the property does not require fill or change in the present grade, and
natural details and character of the contours and slopes are no different than others in the neighborhood.
RESOLUTION/ACTION: On motion by Member Horning, seconded by Chairwoman Oliva, it was
RESOLVED, to DENY the requested Waiver to unmerge CTM 29 from CTM 28, as applied for.
VOTE OF THE BOARD: AYES: Members Oliva(Chairwoman), Goehringer,Tortora, and Horning. (Member
Orlando was absent(out of state). 2 QU
RUTH D. OLIVA, CHAIRWOMAN 12-17-03
Approved for Filing
Y �
Page 8'—Minutes
Meeting held November 20,2004
Southold Town Board of Appeals
declared the meeting adjourned. The meeting adjourned at 3:25 p.m.
Respectfully submitted,
c ��GLtJGC.��-C
Li da Kowalski
Confidential Secretary
Board of Appeals
Att ments:Case Decision(1)
ran ipt rings
Approved for Filing
RECEIVED
3 ' 30Pill
MAR 3 2004
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`7 Southold Town Clerk