HomeMy WebLinkAbout8059 BOARD MEMBERS ��a SoUryo Southold Town Hall
Leslie Kanes Weisman, Chairperson 53095 Main Road•P.O. Box 1179
Patricia Acampora Southold,NY 11971-0959
Robert Lehnert, Jr. Office Location:
Nicholas Planamento • �O� Town Annex/First Floor
Margaret Steinbugler OIiYC�UN� 54375 Main Road(at Youngs Avenue)
' Southold,NY 11971
RECEIVED
http://southoldtownny.gov d. Pa 6 9•1& 44411
ZONING BOARD OF APPEALS JAN 2 8 208
TOWN OF SOUTHOLD
Tel. (631) 765-1809 9,4 xnouo`�
Southold Town Clerk
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF JANUARY 22,2026
ZBA FILE No. 8059
NAME OF APPLICANT: 3850 Alvahs Lane,LLC/Cutchogue Vineyard,LLC/Justin Mirro
PROPERTY LOCATION: 3850 &4050 Alvah's Lane, Cutchogue,NY SCTM No. 1000-102-4-3.4& 10
SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this
application and determines that this review falls under the Type 11 category of the State's List of Actions, without
further steps under SEQRA.
SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was not required to be referred to the Suffolk
County Department of Planning under the Suffolk County Administrative Code Sections A 14-14 to 23.
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.
TOWN OF SOUTHOLD PLANNING BOARD: The application was referred to the Southold Town Planning Board
for comments. In their memorandum dated January 15,2026,the Planning Board noted that,upon reviewing the lot
design,they found that the proposed configuration is not functional;the flag added to Lot 1 does not lead to an access
point and creates a small, awkwardly shaped yard. The Planning Board recommended that the flag on Lot 1 be
eliminated, and the rear lot line made even with the rear lot line of the adjacent parcel to the south. The Planning
Board noted that while this will make Lot 1 slightly more non-conforming in size, it will create a more functional
configuration for both Lot 1 and Lot 2. In summary,the Planning Board expressed support for a reconfigured Lot 1
rather than the originally proposed configuration.
PROPERTY FACTS/DESCRIPTION: The two adjacent subject parcels in the AC Zoning District are both
undeveloped with frontage on the east side of Alvah's Lane. Tax Map lot 10 at 4050 Alvah's Lane is a conforming
162,675 square feet parcel,roughly rectangular,with a narrow`flag' connecting it to Alvah's Lane where it has 20.03
feet frontage along the east side of the road. The property line then runs 200.00 feet northeast adjacent to a vineyard,
then 27.68 feet southeast, 359.99 feet northeast, and 420.00 feet southeast(all also adjacent to the vineyard) to the
southeastern property line, then turns southwest for 360 feet where it meets the rear property line of an adjacent
residential parcel,then runs 255.43 feet northwest at the rear of an adjacent residential property and the rear of the
subject Tax Map lot 3.4, then runs 40 feet southwest to the rear of another residential parcel, then runs 16.00 feet
southeast to the corner of an adjacent residential lot,then runs 160.00 feet southwest back to Alvah's Lane,as shown
on the survey prepared by Howard W. Young,Licensed Land Surveyor,dated April 15, 2025.
Tax Map lot 3.4 at 3850 Alvah's Lane is a non-conforming 24,888 square foot roughly rectangular parcel with 126.36
feet fronting the east side of Alvah's Lane. The property line then runs northeast for 160.00 feet along an adjacent
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SCTM No. 1000402-4-3.4& 10
residential parcel,then runs 16.00 feet northwest along the rear of the adjacent residential parcel,then runs northeast
for 40.00 feet before turning southeast for 132.52 feet along the southwest boundary of Tax Map lot 10, then runs
199.68 feet southeast back to Alvah's Lane,as shown on the survey prepared by Howard W.Young,Licensed Land
Surveyor,dated April 15,2025.
BASIS OF APPLICATION: Request for Variances from Article III, Section 280-14 and the Building Inspector's
August 1,2025 Notice of Disapproval based on an application for a permit to change a lot line;at: 1)proposed parcel
No. 1 having less than the permitted lot area of 80,000 sq.ft.;2)proposed parcel No. 1 having less than the permitted
lot width of 175 linear feet; 3) proposed parcel No. 1 having less than the permitted lot depth of 250 linear feet;
located at: 3850 and 4050 Alvah's Lane, Cutchogue,NY. SCTM Nos. 1000-102-4-3.4& 1000-102-4-10.
RELIEF REQUESTED: The applicant proposes lot line changes between Tax Map lot 3.4 and Tax Map lot 10 to
establish room for a 30-foot wide driveway from Alvah's Lane to Tax Map lot 10. The change would `swap'
approximately 4680 square feet between the two parcels such that each parcel would have the same area after the lot
line change as before. For purposes of this application, after the proposed lot line change, Tax Map lot 10 at 4050
Alvah's Lane is referred to as Lot 2 and Tax Map lot 3.4 at 3850 Alvah's Lane is referred to as Lot 1. The applicant
requests variances from the minimum requirements for lot dimensions for Lot 1, which after the proposed lot line
change will be a non-conforming 24,888 square feet where a minimum of 80,000 square feet are required,will have
a lot width of 96.31 feet where a minimum of 175 feet are required,and a lot depth of 231.92 feet where 250 feet are
required.
ADDITIONAL INFORMATION:
The application included a copy of ZBA#2505,dated February 1, 1979,which granted permission for the owners of
a 1.2-acre lot on the east side of Alvah's Lane to divide it into two lots of 24,888 square feet and 24,887 square feet,
each with insufficient area and road frontage. Tax Map lot 3.4 was one of the products of this action.
During the December 4, 2025 public hearing the applicant stated that his purpose in requesting the lot line change
was to establish room for a functional driveway from Alvah's Lane to Lot 2 for when that lot is developed in the
future.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on December 4,2025 at which time written
and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property
and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and
relevant and makes the following findings:
1. Town Law 4267-b(3)(b)(1). Grant of the alternative relief will not produce an undesirable change in the character
of the neighborhood or a detriment to nearby properties. While the alternative relief does make the proposed Lot 1
less conforming than it currently is, it results in Lots 1 and 2 being more functional, and the Lot 1 created with the
alternative relief will still have lot width and area greater than the two neighboring parcels to the north on Alvah's
Lane and will have lot depth equal to the adjacent parcel to the south on Alvah's Lane.
2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible
for the applicant to pursue,other than an area variance. ZBA#2505 in 1979 resulted in the creation of Tax Map lot
3.4 with lot area,lot width,and lot depth non-conforming to the current Zoning Code. No lot line change within the
applicant's control can remedy the non-conforming width. In theory Lot 1's non-conforming depth and area could
be addressed by encroaching into Tax Map lot 10, which the applicant also owns, however that would make Tax
Map lot 10 an awkward and irregular shape and would present additional constraints on its future development.
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SCTMNo. 1000-102-4-3.4& 10
3. Town Law 4267-b(3)(b)(3). The variances granted with the alternative relief herein are mathematically
substantial, representing 45% relief from the code for lot width, 20.1% relief from the code for the lot depth, and
77%relief from the code for the lot area.However,the Lot 1 resulting from the alternative relief will have lot width
similar to the two neighboring parcels to the north and lot depth approximately equal to the adjacent lot to the south,
hence will be consistent with the existing neighborhood's character, and there is no other practical means to enable
the creation of a wider driveway to Lot 2 in the future.
4. Town Law 4267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential
community will have an adverse impact on the physical or environmental conditions in the neighborhood. When
either lot is developed,the applicant must comply with Chapter 236 of the Town's Storm Water Management Code.
5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the
Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the
limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase.
6. Town Law 4267-b. Grant of the alternative relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of altering the lot line between Tax Map lots 3.4 and 10 in order to create a workable
driveway to Lot 2 while preserving and protecting the character of the neighborhood and the health, safety and
welfare of the community.
RESOLUTION OF THE BOARD:In considering all of the above factors and applying the balancing test under New
York Town Law 267-13,motion was offered by Member Steinbugler,seconded by Member Lehnert,and duly carried,
to
DENY as applied for and GRANT ALTERNATIVE RELIEF as recommended by the Planning Board as
follows: eliminate the proposed flag on proposed Lot 1 and establish Lot 1's rear property line even with the rear lot
line of the adjacent parcel to the south on Alvah's Lane.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. The applicant shall obtain site plan approval from the Southold Town Planning Board.
2. The applicant shall submit to the Zoning Board of Approvals an original survey or site plan of the lot line
change, as approved by the Planning Board, and signed and sealed by a licensed architect, engineer, or
surveyor.
This approval shall not be deemed effective until the required conditions have been met.At the discretion of
the Board of Appeals,failure to comply with the above conditions may render this decision null and
void.
That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued.
The Board reserves the right to substitute a similar desien that is de minimis in nature for an alteration that does
not increase the degree of nonconformity, Provided de minimis relief is requested within one year of the date of
this decision. Any time after one year,the Board may require a new application.
IMPORTANT LIMITS ON THE APPROVAL(S) GRANTED HEREIN
Please Read Carefully
Any deviation from the survey,siteplan and/or architectural drawings cited in this decision, or work exceeding
the scope of the relief granted herein, will result in delays and/or a possible denial by the Building Department
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SCTMNo. 1000-102-4-3.4-& 10
of a building permit and/or the issuance of a Stop Work Order, and may require a new application and public
hearing before the Zoning Board of Appeals.
Any deviation from the variance(s)granted herein as shown on the architectural drawings,site plan and/or survey
cited above,such as alterations, extensions, demolitions, or demolitions exceeding the scope of the relief granted
herein, are not authorized under this application when involving nonconformities under the zoning code. This
action does not authorize or condone any current or future use, setback or other feature of the subject property
that may violate the Zoning Code,other than such uses,setbacks and other features as are expressly addressed in
this action.
TIME LIMITS ON THIS APPROVAL: Pursuant to Chapter 280-146(B) of the Code of the Town
of Southold any variance granted by the Board of Appeals shall become null and void where a
Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with
the Suffolk County Clerk,within three (3)years from the date such variance was granted. The
Board of Appeals may,upon written request prior to the date of expiration, grant an extension not
to exceed three(3) consecutive one(1)year terms. IT IS THE PROPERTY OWNER'S
RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME
FRAME DESCRIBED HEREIN. Failure to comply in a timely manner may result in the denial by
the Building Department of a Certificate of Occupancy,nullify the approved variance relief, and
require a new variance application with public hearing before the Board of Appeals.
Vote of the Board: Ayes:Members Weisman(Chairperson),Planamento,Acampora,Lehnert, and Steinbugler.(5-0)
(:;eslie JKanesWeisman, Chairperson
Approved for filing�. 2� /2026