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Home My WebLink About8086 v BOARD MEMBERS ��0� S0UjyO Southold Town Hall Leslie Kanes Weisman, Chairperson ,`O l0 53095 Main Road•P.O. Box 1179 Patricia Acampora Southold,NY 11971-0959 Robert Lehnert, Jr. G Office Location: Nicholas Planamento '�c� • �� Town Annex/First Floor Margaret Steinbugler OliYCOU 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtownny.gov RECEIVED ZONING BOARD OF APPEALS -t 3'31 PA U TOWN OF SOUTHOLD Tel. (631) 765-1809 AR 2 3 2026 Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 19,2026 ZBA Application No.: #8086 Applicants/Owners: Nancy de Conciliis and Marina Elisabet de Conciliis Property Location: 305 &415 Grange Road, Southold,NY SCTM No.: 1000-78-1-6& 7 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further requirements 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. PROPERTY FACTS/DESCRIPTION: The subject, non-conforming, 18,013 square feet, .41 acre rectangular- shaped parcel(known as lot#18 of the South Harbor Homes Subdivision of 1964,recognized as Suffolk County Tax Map parcel#1000-78-1-7), located in the R40 Zoning District measures 100 feet along Grange Road,then runs south 180.13 feet along a residentially developed lot to the east, then runs 100 feet along a residentially developed, agricultural property to the south, then runs 180.13 feet along the subject, residentially developed property to the west, back to the roadway. The parcel is unimproved, as shown on the survey prepared by Paul Barylski,Licensed Land Surveyor, dated August 7, 2025. The adjacent, non-conforming,17,912.3 square feet, .41 acre rectangular-shaped parcel(known as lot#17 of the South Harbor Homes Subdivision of 1964,recognized as Suffolk County Tax Map lot#1000-78-1-6) located in the R40 Zoning District measures 100 feet along Grange Road, then runs south 179.21 feet along a vacant residential lot,then runs 97.76 feet along a residentially developed, agricultural property to the south,then runs 179.05 feet, along a second undeveloped residential lot (subject of this application) back to the roadway. The I ot is developed with a 1-story frame residence with front entry stoop,attached rear wood deck,a brick walkway, gravel driveway with Belgium-block curbing, a brick patio, a small shed, a central air conditioning unit, a swimming pool and pool mechanicals and pool fencing as shown on the survey prepared by Paul Barylski, Licensed Land Surveyor, dated June 19, 2024. J i Page 2,March 19,2026 #8086,de Conciliis SCTM No. 1000-78-1-7 BASIS OF APPLICATION: Request for a Waiver of Merger petition under Article II, Section 280-10A, to unmerge land identified as SCTM No. 1000-78-1-7 which has merged with SCTM No. 1000-78-1-6, based on the Building Inspector's October 15, 2025 Notice of Disapproval; which states that a non-conforming lot shall merge with an adjacent conforming or non-conforming lot held in common ownership with the first lot at any time after July 1, 1983 and that.non-conforming lots shall merge until the total lot size conforms to the current bulk schedule requirements (minimum 40,000 sq. ft. in the R-40 Residential Zoning District); located, 305 & 415 Grange Road, Southold,NY. SCTM Nos.1000-78-1-7 and 1000-78-1-6. ADDITIONAL INFORMATION: The applicant provided copy of the original 1964 subdivision map, entitled: Subdivision Plan of South Harbor Homes as approved by the Town of Southold Planning Board on May 5, 1964 and filed with the Suffolk County Clerk's Office on July 14, 1964, file #4096, ABS number 4704, along with the following documents: • Individual surveys for each lot • Fidelity National Title report illustrating ownership of each lot discussed in this application, SCTM: 1000-78-1-6 & 7 along with the adjacent parcel to the east(not subject of this application) 1000-78-1-8 and the adjacent parcel to the south(not subject of this application) 1000-75-4-22.3 and adjacent parcel to the west(not subject of this application) 1000-75-4-16 • Copy of deeds for parcels seeking Waiver of Merger • Certificate of Occupancy for improvements on Lot 17 of South Harbor Homes subdivision (SCTM: 1000-78-1-6), including: #Z-2025 for the construction of a private one family dwelling in 1964; Z- 10089 for an addition to a dwelling in 1980;Z-25844 for an accessory inground swimming pool in 1998; and Z-45784 for the installation of gas heat to an existing single family residence in 2024 As evidenced,the properties were held in common ownership through the family since prior to 1983. The chain of ownership is as follows: Vacant Lot: SCTM No. 1000-78-1-7 8-20-70: Lot was purchased by George F. McAdams(grandfather) 5-21-87: Lot was transferred to Nancy Elisabet de Conciliis and George F. McAdam (grandfather and daughter) 9-9-99: Correction of deed—same ownership 2-1-07: Lot was transferred to Nancy Elizabet de Conciliis and Marina Elisabet de Conciliis (daughter and granddaughter) Improved Lot: SCTM No. 1000-78-1-6 9-14-73: Lot was transferred by George McAdams to George Francis McAdams and Nancy E. de Conciliis(grandfather and daughter,where grandfather retained life tenancy) 9-4-91:Lot was transferred(partial interest)to Elizabet de Conciliis(grandfather and granddaughter, where grandfather retained life estate) 9-29-95: Lot was transferred(partial interest)to Nancy Elizabet de Conciliis and Marina Elizabet de Conciliis as joint tenants and not as tenants in common(daughter and granddaughter) FINDINGS OF FACT/REASONS FOR BOARD ACTION: The standards for the granting of a waiver of merger are contained in Section 280-11 of the Town Code. Sections 280-11(A)and(B)require that the Board engage in a two-prong test before granting a waiver of merger. Pursuant to Section 280-11(A)the Board must determine whether the lot proposed to be recognized Page 3,March 19,2026 #8086,de Conciliis SCTM No. 1000-78-1-7 has been transferred to an unrelated person or entity since the time the merger was effected. If the lot has been transferred to an unrelated person,the lot is not eligible for a waiver of merger. Pursuant to Section 280-11 (B), if the lot has not been transferred to an unrelated person,the Board must engage in a balancing test of 3 factors to determine whether the lot is eligible for a waiver of merger, namely, whether(1)the proposed waiver would recognize a lot that is comparable in size to a majority of the improved lots in the neighborhood, (2)the lot proposed to be recognized is vacant and has historically been treated and maintained as a separate and independent residential lot since the date of its original creation, and(3)the proposed waiver and recognition will not create an adverse impact on the physical or environmental conditions in the neighborhood or district. The Zoning Board of Appeals held a public hearing on this application on March 5,2026,at which time written and oral evidence were presented. Pursuant to § 280-11(A) the Applicant has submitted documentation to the satisfaction of the Board that there have been no transfers of ownership of the lot outside the family since the time merger was effected. Consequently,the lot is eligible for a waiver of merger. Pursuant to §280-11(B),the Zoning Board finds that: (1) The waiver would recognize a lot (SCTM: 1000-78-1-7) that is comparable in size to a majority of the improved lots in the neighborhood because: the neighborhood is comprised of 20 lots created in 1964, as evidenced by the subdivision map entitled"Subdivision Map of South Harbor Homes"as approved by the Town of Southold Planning Board and filed with the Suffolk County Clerk's Office. This Waiver of Merger will recognize a lot that conforms to all other lots in the surrounding neighborhood, the vast majority of which are developed with single-family homes. This un-merger would not create lots dissimilar to the surrounding neighborhood,thereby not changing the existing character of the neighborhood. (2)The waiver would recognize a lot that is vacant and has historically been treated and maintained as a separate and independent residential lot since the date of its original creation because: the subject parcel has been passed down throughout the family for three generations and has always been treated as a separate lot. (3) The proposed waiver and recognition will not create an adverse impact on the physical or environmental conditions in the neighborhood or district because: any future residential development will be subject to reviews and approvals by the Suffolk County Department of Health and the Town of Southold Building Department. Any residential development on this unmerged parcel of land will require the installation of an I/A wastewater treatment system,thereby minimizing any potential adverse environmental impacts. RESOLUTION OF THE BOARD: In considering and balancing the above factors and pursuant to the Waiver Provisions of the Town of Southold Merger Law, Section 280-11,motion was offered by Member Planamento, seconded by Member Steinbugler, and duly carried to GRANT the waiver of merger,recognizing SCTM: 1000-78-1-7,as applied for as shown on the survey prepared by Paul Barylski,Licensed Land Surveyor, dated August 7,2025. SUBJECT TO THE FOLLOWING CONDITIONS: 1. Proof that waiver of merger is effected by way of a recorded deed from the applicant to a separate individual or entity conveying title to that portion of the property known as SCTM: 1000-78-1-7 be �V a Page 4,March 19,2026 #8086,de Conciliis SCTM No. 1000-78-1-7 provided to the ZBA within 2 years of the date of this decision. Failure to comply with this condition will result in nullification of the waiver of lot merger granted herein. Vote of the Board:Ayes: Members Weisman(Chairperson), Planamento,Acampora,Lehnert,and Steinbugler. (5- 0) e 4J N- KannesWeisman, C/airperson Approved for filing `� /�� /2026