Loading...
HomeMy WebLinkAboutHurtado/Forestbrook & Overlook:$11 ..' I oc::l i :.,'. o'.hied );,'i,.,I .,, 'q \1 ~llijLi 'L)- ' B:l,' ;,"~'. ?,,,Ihl',,i~f \V'.' p;~ ¥~l¢i)t:i~'()l' '1 Ilk ~j' I li.Ol!i) I()~ % B()'.M~I)'()11 i I!1'? !O~3, % OF %O1. I IIOI .I). %1 P I I.MBI'R 2.t. 21)1i,t. El.17 %1~1 I'll .%. %11X I1.i I. N()I I IIO1.1) i()%'~ %. ('i ERK COUNTY OF SUFFOLK STATE OF NEW YORK ss: Lise Marinace, being duly sworn, says that she is the Legal Advertising Coordinator. of the Traveler ~Vatchman a public newspaper printed aT Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published m said Traveler ~Vatchm~m o~ce each week for ...... ( ..... week~ successively, C ' 2.- o~cmg on the ................. day of ,2003. v~, t_t_t_~ ~efore me this ......... day of .. 2003. Notary Public Emily Hamill NOTARY PUBLIC. State of New York No. 01HA5059984 Qualified in Suffolk Coun~ Commission expires May 06. 2006 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board ofthe Town of Southold hereby sets 8:15 p.m. October 7~ 2003 at Sonthold Town HalL 53095 Main Road, Southold, New York~ for a public hearing on the application requesting a waiver from the provisions of the Local Law entitled "Temporary Moratorium on the Processing, Review of, and making Deeisions on the applications for Major and Minor Subdivisions, a~6 Special Use Permits. and Site Plans containing dwetl/~tmit(s) in the Town of Southold~' for the subdivision of John Hurtado and John I~Iurtado, Jl: for the parcels identified as SCI3/F~ 1000~79-2-7 and 1000-79-5-20. i3 located at,Bayview, S~)uthold, New York.. SB~ OI>d)ER~, OF. THE SOUTItOLD TOWN BOARD OF THE TOWN OF OU~YIOLD, SEPTEMBER 23, 2003, ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON OCTOBER 2, 2003, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: Traveler Watchman Town Attorney Planning Board John Custm~an Town Board Members Building Department Zoning Board o£Appeals Town Clerk's Bulletin Board STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk or, the Town of Southold, New York being duly swbm~ says that on the '~o day of.~, 2003, she affixed a notice of Which the annexed printed notice is a tCue copy, in a proper and substantial manner, m a most public place/~ the Town of Southold, Suffolk County.. New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, NewYork. Pnbffc Hearing: for the snb~vis,io~ of Iohn l-l.urtado ant[ Jotul I-Iurtado, Jr. for the parcels ident/fied as SCTM# 1000-79~2-7 and 1000-79,5220.1~ located at BaYView, South*id, New York.. (~lizabeth A. Nevill~ Southold Towrt Clerk S~vom before mc this day of ~ ', 2003. LYNDA M. BOHN NOTARY PUBLIC, State of New York No, 01B06020932 Qualified in Suffolk County Term Expires March 8, 20 ELIZABETH A. NEVILLE TOWN CLERK ~REGISTRAR OF ViTAL STATISTICS MARRIAGE OF~'ICER RECORDS MANAGEMENT OFFICE~q FREEDOM OF tNFORM-iTION OFF~CEi~ Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 so~r~hold~own.zmr~hforl~net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Supervisor & Southold Town Board Members Town Attorney Gregory Yakaboski Town Planner Valerie Scopaz From: Town Clerk E1/zabeth Neville~ Re: Request for waiver on Moratorium Date: September 24, 2003 Transmitted, please find request J & C Holding and John Hurtado & John Hurtado, Jr. for a waiver/variance to the moratorium for subdivision on property located at Bayview, Southold,, SCTM~ 1000-79-2-7 FORESTBROOK; and 1000-79-5-20.13 OVERLOOK. Please review and prepare a written report of your recommendations and findings. Thank you. © © ERIC L BRESSLER ABIGAIL A. WICKI-iAM LYNNE M. GORDON JAN:ET GEASA LAW OFFICES WICKHAM, BRESSLER. GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 631-298-8353 I'ELEFAX NO. 631-298-8565 wwblaw~aol.com WILLIAM WICKHAM (06-02/ 275 BROAD HOLLOW ROAD SUITE 111 MELVILLE_ NEW YORK I 1747 631-249-9480 TELEFAX NO. 631-249~9484 September 23, 2003 Town Board, Town of Southold Post Office Box 1179 53095 Main Road Southold, New York 11971 Re: Waiver under Local Law #3/2002 FORESTBROOK Bayview, Southold. N.Y. 11971 SCTM#1000-79-2-7 OVERLOOK Bayview, Southold, N.Y. 11971 SCTM#1000-79-5-20.13 RECEIVED 8EP 2 3 2003 c~outhold l'o~n Cle~l~ Gentlemen/Ladies: We represent J&C Holding, LP, the contract vendee on the Forestbrook property, and John Hurtado and John Hurtado, Jr., the owners of the Overlook property. We request a waiver from the current moratorium on subdivisions, Local Law #3 of 2000. We request approval ora waiver relating to Exemption #6 of the Local Law, in order to proceed with a six lot conservation subdivision on the 37.8 acre Forestbrook parcel. This will yield 66.5% preservation based on a contract for sale of open space to the To~vn of Southold for the remaining 25.5 acres of the parcel. Our client is willing m contract with the Town for sale of 100% of the 16 acre vacant Overlook parcel to the Town for open space as a~ integral part of the project. The overall conservation of acreage under this plan will yield over 75% preservation, thereby meeting the goals of the moratorium. We enclose a map showing the proposed subdivision on the Forestbrook property and a map showing the 16 acre vacant Overlook parcel. The application fee of $250.00 is also enclosed. Under current zoning, the Forestbrook yield is approximately 17 building lots and the Overlook yield is approximately 7 building lots, for a total of 24 potential building lcrts. There are currently subdivision applications pending before the Planning Board for 17 lots on Fomstbrook and 7 lots on Overlook. Upon approval of this overall project, © applicant wilt withdraw thes~ applications, and resubmit an application for only 6 lots on Forestbrook. As contemplated by the 75% conservation subdivision provisions of Exemption 6, om' client is negotiating and would like to sign a contract with the Town of Southold for the sale of 25,75 acres of open space in the Forestbrook parcel and all 16 acres of the Overlook p~cel. The approval of the reduced dens. i .ty subdivision is an integral part of this preservation project, and the Town contracts would be contingent upon approval of the 6 tot Foresthrook subdivision. [four client is not allows-ed to proceed with the subdivision because of the moratorium, a hardship consisting of the irgeparable Ioss ofpre~erved act, es in the akeac[y highly de~qeIoped Bayv[ev~ area of South01d w~'ll be suffered. Moreover, the applicant will sUffer extrao~4inaty financial hardsI4p due to inability to complete fids preservation project. As a result contract deadline, applicant, as conucact vendee of the Forestbrook property, must commit to this project by Oct(~ber 22. The proposed subdivision will not adversely affect the concerns for which the moratorium was instituted. The property contains no farmland. However, the project is designed to maximize open space preservation in areas where, as to both parcels, there are existing surrounding homes which will benefit, and as to the Overlook parcel there are wetlands areas, parcels preserved by deed covenants, and Peconic Land Trust property. Therefore, we ask for an exemption based on the 66.5% preservation on one parcel coupled with 100% preservation on the other 16 acre parcel. This consideration of the entire project enables the Town and the applicant to meet the preservation goals of the moratorium. We ask for your prompt and careful consideration of this situation. Please refer this matter to the Planalng Board. Very truly yours, AA W/lb 30, shdtbwa2 cc: Planning Board Town Of Southo]d ~ P.O Box 1179 outhold, NY 11971 ** * RECEIPT* * * Date: 09/24/03 Receipt#: 0 Transaction(s): Subtotal 1 Moratorium Waiver $250.00 Check#: 1098 Total Paid: $250.00 Name: J,&C Holdings, LP P.o. Box 1925 Southold, NY 11971 Clerk ID: JOYCEW Internal ID: 82313