Loading...
HomeMy WebLinkAbout1000-81.-1-16.7 . .' PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTH OLD MEMORANDUM Date: June 16, 2003 To: Lydia Tortora, Chairwoman, Zoning Board of Appeals From: Valerie Scopaz, AICP, Town Planner ;; ~ Re: Appl#. 5266 Zupa Paradise Point SCTM# 1000-81-1-16.7 In reference to the request for information, attached you will find copies of various letters and documents from our file on the above project. Included are two maps dated June 30, 1981 and May 11, 1981 of the Paradise Point subdivision, which are referenced in the documents. We hope this will help in the review. Thank you in advance. Cc: file Lydia A. Tortora, Chairwoman Gerard P. Goehringer George Horning Ruth D. Oliva Vincent Orlando . ~.~~ · ,~ APPEALS BOARD MEMBER. . Southold Town Hal! 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown. north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD TOWN MEMO TO: FROM: DATE: ----SUBJECT: Valerie Scopaz, Town Planner and/or Planning Board Lydia Tortora, ZBA Chairwoman C'Jj:1J \IE- June 2 2003___ ~ '""='--~c-'. '-'"!'-'-'=_-~"_~^ 0 Prior Planning Board Approved Map (Ref. CTM 1000-81-1-16.7) The Board of Appeals has an application pending concerning property located at the end of Paradise Point, formerly owned by Sinning & Others, and now owned by Mary Zupa. Would you please furnish a copy of the Planning Board approved map or any other information that would clarify lot recognition or creation of 16.7. Thank you. 0 ~!:"I'l4IE~ ri JUN 1 1 2003 Soulhold Tow. Planning Board ~ci c:~~.\w".v~c..l o'-jl.W"\ck \(<:lW~ '3U"-'l to, ;100::' l :~O' ~~ , ,\/ " . . P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 , PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN SIDOR IJ PLANNING BOARD OFFICE TOWN OF SOUTH OLD MEMORANDUM To: Mike Verity, Principal Building Inspector Damon Rallis, Building Permits Examiner ~ From: Planning Board Re: Paradise Point Lot # 1000-81-1-16.7 Date: October 29, 2002 The Planning Board reviewed your request to determine whether the referenced lot is a buildable lot. The history of subject lot is as follows: I The lot was created as residual open space/access of the Paradise Point Subdivision filed with the Suffolk County Clerk on April 11, 1963. 2 The file contains a Covenant and Restriction dated February II, 1963. It is unknown if the Covenant and Restriction was filed with the Suffolk County Clerk. If filed, applicable clauses include: a. No Structure or structures, including but not limited to, dwellings, outbuildings, and fences, shall be erected or constructed or allowed to remain unless the plans and specifications thereof and the location thereof shall have first been submitted to and approved by the Building Committee of the Paradise Point Corporation, its successors and assigns, in writing. b. The Paradise Point Corporation its successors and assigns may release, alter, amend and annul all or any of these covenants and restrictions with the consent in writing of all property owners in the said premises. .0 / . . . 3. The April II, 1963, subdivision approval granted by the Planning Board was subject to two conditions: a. Approval of the Suffolk County Board of Health b. Expanding the turn-around at the end of Basin Road to 100 x 100 feet. The turn-around and easement on the recorded 1963 Paradise Point Subdivision Map is not shown on the most recent plat submitted. The fate of the turn-around should be determined. ih,Qn~1Ad&8ddlwmanning Iioanl appn!V<:~!kS~ff~a4i~t~!lcJh~Paradise Point Corporation, lots titled Club House 2.75 acres and a unnumbered lot on Southold Bay 1.7 acres directly east of the inlet basin. This action was a result of a request from the applicant's agent in a letter dated May 22,1981. The agent requested the set-off pursuant to Section 106-13A of the code or'the Town of Southold. It is the general consensus that this action was taken in order to allow the remaining subdivided lands to be subdivided as a minor subdivision. 5. On March 8 and March29, 1990 two letters from Ms. Valerie Scopaz stated that the set-off action did not guarantee buildability of the lots and due to the fact that there is no filed map; recommended to the applicant at the time, to apply for subdivision approval. 6. In a May 9,1995 letter Ms. Melissa Spiro reiterated that the map for the set-off was not endorsed or recorded in the Suffolk County Clerk Office. In addition, the PB did not guarantee the set-offlots as buildable. To be considered buildable the, proposed buildings must meet all code requirements in addition to receiving Suffolk County Department of Health A;1proval. 7. In a June 6, 1995 Memo to the Zoning Board of Appeals from Richard Ward, Chairman, Mr. Ward states that the Planning Board does not plan to take any further steps in regard to this set-off, as it is no longer within its jurisdiction. The Plarrning Board's still maintains the position that the set-off although referenced through a Plarrning Board resolution dated June 4, 1981 is incomplete in regard to the endorsement and filing provisions of Chapter 106 of the Southold Town Code and New York Town Law. The Planning Board in accordance with Mr. Ward's June 6,1995 memo, will not take any further steps in regard to this set-off, as it is no longer within its jurisdiction. . ) . ,~~ PI5~~~~'I\~'~ 'G'::~(j.:t\'RD N~ _"l;,fl:.' ~'t\ ':fJ-::.J. m. -<t:: Tc:t't~. ~\E" on ~LD ~~"1:l ,~~. ~fl S - rOLl\: - rfY -;l!JJ. t]a 'r, '0" -) . ~ , Southold. N.Y. 11971 '. HENRY E. RAYNOR, Jr.. Chairman rRflBBRI€lII E. €ISfiBBIJ JAMES WALL BENNETT ORLOWSKI. Jr. GEORGE RITCHIE LATHAM. Jr. William F. Mullen, Jr. TELEPHONE 765 - 1938 January 22, 1982 Mr. William B. Smith P.O. Box 146 Southold, New York 11971 Dear Mr. Smith: The fOllowing action was taken by the Southold Town Planning Board, at a regular meeting, Monday, January 18, 1982: RESOLVED that whereas, a formal application for the approval of a subdivision plat entitled Minor Subdivision of Paradise Point Corp- oration was submitted to the Planning Board on July 27, 1981, and an application fee of $100.00 was paid on July 20, 1981, and WHEREAS, a public hearing was held on said subdivision application and plat at the Town Hall, Southold, New York, on August 31, 1981 at 7:30 p.m., and WHEREAS, the requirements of the Subdivision Regulations o~ the Town of Southold have been met by said subdivision plat and appl'ication, NOW, therefore, be it RESOLVED that the application of Paradise Point Corporation for approval of said subdivision plat prepared by Roderick Van Tuyl, P.C. dated June 30, 1981 and amended November 3, 1981, be approved and the chairman be authorized to endorse approval on said subdivision plat, subject to the following conditions: 1. No lot shall be subdivided or its lot lines changed in any manner at any future date unless authorized by the Southold Town Planning Board. ) I ,. 2. No sanitary disposal facility shall be installed or constructed within 100 feet of the edge of the marsh or the edge of Southold Bay. William B. smiO) . . pg.2 ). January 22,1982 ------------------ ----------------------~--- --------------------- . ' 3. Erosion and sediment control measures shall be required during and immediately after construction on each lot to insure that stormwater runoff will not carry eroded and other deleterious materials into Southold Bay and the wetlands within the parcel. 4. Approval of this subdivision shall be made subject to the subdivision's meeting the requirements and standards of the Suffolk County Department of Health Services. 5. The above conditions shall be filed as covenants and restrictions in the office of the County Clerk on or prior to the granting of approval to this subdivision. The chairman will endorse his signature on said map, upon receipt of a copy of the filed covenants and restrictions and three (3) final maps. Yours very truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan Eo Long, Secretary - .. .. , \ ~ ~) . ) . . LEGAL NOTICE Notice of Hearing NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, public hearings will be held by the Southold Town Planning Board at the Town Hall, Main Road, Southold, New York, in said town on the 31st day of Augsut, 1981, on the question of the fOllowing: 7:30 p.m. Approval of the minor subdivision of Paradise Point Corporation located at Southold in the Town of Southold, County of Suffolk and State of New York and bounded and described as follows: BEGINNING at a monument set on the easterly line of land now or formerly of Kerester, said monument marking the northerly term- inus of lhe westerly line of Paradise Point Road and the southerly terminus of the northwesterly line of a private road known as Robinson Road; running thence along said land now or formerly of Kerester, tow courses: (1) N. 190 15' 20" E. - 519.03 feet; thence (2) N. 180 29' 20" E. - 440 feet, more or less, to ordinary high water mark of Town Harbor; thence easterly along said high water mark 376 feet to other land of Paradise Point Corp.; thence along said other land, two courses: o (1) S. 4 30' W. - 610 feet, more or less; thence (2) S. 380 31' 40" E. - 100.0 feet to the northerly corner of lot 12, shown on "Map of Paradise Point, Section I", filed in the Suffolk County Clerk's Office as map #3761; thence along said lot 12, two courses: (1) S. 510 28' 20" W. - 92.90 feet; thence (2) S. 230 47' W. - 120.0 feet to the northerly line of said Robinson Road; thence along said line of Robinson Road, two Courses: (1) N. 660 13' W. - 376.70 feet; thence (2) Southwesterly on a curve to the left, having a radius of 175 feet, a distance of 274.88 feet to the point of beginning. Containing 9~ acres, more or less. 7:45 p.m. Approval of the minor subdivision of Marie Cassidy located at Arsharmomaque in the Town 'of Southold, County of Suffolk, and State of New York bounded and described as follows: '" . ) . ) '" BEGINNING at a point on the southerly line of Albertson Lane at the northeasterly corner of the premises herein de- scribed, being the northwesterly corner of land of Andrew Cassidy; running thence along said land of Andrew Cassidy and along land of Catherine Cassidy, S. 10 48' 00" E. - 965.79 feet; thence continuing along said land of Catherine Cassidy, N. 890 52' W. - 316.51 feet to land of Guarnashelli; thence along said land of Guarnashelli, N. 00 08' 00" E. - 931.40 feet to land of Copin; thence along said land of Copin, N. 780 01' E. -208.0 feet to said Southerly line of Albertson Lane; thence along said southerly line of Albertson Lane, S. 820 55' E. - 81.16 feet to the point of BEGINNING. Containing 6.605 acres. 8:00 p.m. Approval of the minor subdivision of Robert C. Nelson, Jr. located at Bayview in the Town of Southold, County of Suffolk and State of New York and bounded and de- scribed as follows: ALL that certain lot, piece or parcel of land beginning at a concrete monument set on the boundary line between land of the party of the first part and land of "Goose Bay Estates", as shown on a map entitled "Map of Goose Bay Estates at Southold, Long Island," filed in the Suffolk County Clerk's Office Nov. 13, 1934 as Map. No. 1176; being the northwesterly corner of land conveyed by the party of the first party to Rix McDavid by deed dated June, 1949; from said point of beginning running along boundary line North 17 degrees 34 minutes 30 seconds East 330 feet, more or less, to a dredged canal leading to Goose Creek; thence in a general easterly direction along said dredged canal about 250 feet; thence in a general southerly direction along the westerly edge of another dredged canal leading to Goose Creek, about 250 feet, to land now or formerly of Howard A. Toedter; thence along said land of Toedter, (now or formerly) South 17 degrees 40 minutes 30 seconds West 190 feet, more or less; thence along the northerly line of a certain 30 foot right of way (#3 as hereinafter described) and along said land now or formerly of McDavid, North 72 degrees 25 minutes 30 seconds West 320.39 feet to the point of beginning. , . ) . ) 1) Together with a right of way 30 feet in width from a point on the southerly boundary of the property here- inabove described at the northeasterly corner of said land now or formerly of McDavid, southerly about 760 feet, thence easterly at right angles to said 30 foot right of way (#2) as described below) . 2) Also with a right of way 30 feet in width over said land now or formerly of Toedter and adjoining the westerly boundary thereof, from North Bayview Road northerly about 1620 feet to said dredged canal leading to Goose Creek. 3) Also with a right of way 30 feet in width, the northerly line of which is said southerly boundary of the property hereinabove described, from said point on said southerly boundary at said northeasterly corner of McDavid; (now or formerly) easterly about 170 feet to said land now or formerly of Toedter and to said 30 foot right of Way (#1) as described above) . 4) Also with a right of way beginning at a point about 35 feet southerly from said dredged canal along the easterly line of said 30 feet right of way #(2) described above; and running northeasterly about 1400 feet to the "North Road to Bayview". Any person desiring to be heard on the atove matter should appear at the time and place above specified. BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD HENRY E. RAYNOR, JR., CHAIRMAN PLEASE PUBLISH ONCE, AUGUST 20, 1981 AND FORWARD THREE AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN PLANNING BOARD, MAIN ROAD, SOUTHOLD NEW YORK 11971 Copies mailed to the following on August 10, 1981: The Suffolk Times Marie Cassidy William Smith Abigail Wickham Supervisor William R. Pell, III . ) . ") Southold, N.Y. 11971 HENRY E RAYNOR, Jr.. Chairman F'REBERICI( E, ~IJR[,QW JAMES WALL BENNETT ORLOWSKI. Jr. GEORGE RITCHIE LATHAM. Jr. William F. Mullen, Jr. TELEPHONE 765. 1938 August 4, 1981 Mr. William B. Smith 220 Mechanic Street P. O. Box 146 Southold, New York 11971 Dear Mr. Smith: The following action was taken by the Southold Town Planning Board at a regular meeting held August 3, 1981. RESOLVED to approve the sketch map of the minor subdivision of Paradise Point Corporation, said map dated June 30, 1981, lo- cated at Southold. RESOLVED to set 7:30 p.m.. Monday, August 31, 1981 at the Town Hall, Main Road, Southold, New York, as the time and place for a public hearing on the question of the approval of the minor subdivision of Paradise Point Corporation located at Southold, subject to receipt of any outstanding paper work. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD ~o f-. f\~u~ ~. By Linda Kimmins, Secretary '. /) .' .) ~- .' ~S\l'i'F,~U(,,.,~ P~~NI:~ AJl.D Tort,~'.t~, ~'~}D '~~ \. 0...., .'. ~fI SUE{9~I~,'... . ".w2 y -~ Southold. N.Y. 11971 HENRY E. RAYNOR. Jr.. Chairman rll~ll~llICV Ii: GOllllQN JAMES WALL BENNETT ORLOWSKI. Jr. GEORGE RITCHIE LATHAM. Jr. William F. Mullen, Jr. TELEPHON 765.1938 June 4, 1981 Mr. George Fisher Senior Building Inspector Town Hall Southold, New York 11971 Dear Mr. Fisher: The following action was taken by the Southold Town Planning Board at a regular meeting held June 1, 1981. APPROVAL to set off as indicated on subject of Paradise Point Corporation, lots titled Club House 2.75 acres and an unnumbered lot on Southold Bay 1.7 acres directly east of the inlet basin. Also an amendment to the resolution to include lot 17 as shown on map of May 11, 1981. This approval is subject to a one year review. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOI,D TOWN PLANNING BOARD ~V\ ^-1 ~. e-~~--- J ~"- By Linda Kimmins, Secretary ID) rn @ rn U Wi rn ~J lJi] APR 20 9li J [!, if SOUTIlOLD TOWN ' PW!tl.~~LWY'RL.."_.. .J . William B. Smith ) . ) REAL ESTATE LICENSED BROKER 220 MECHANIC STREET P.O. BOX 1%. SOUTHOLO, N.Y. 11971 1516) 765-3042 MAIN ROAD & SKUNK LANE CUTCHOGUE, N.Y. 11935 (516) 734-5657 WATERFRONT PROPERTIES - HOMES LOTS & ACREAGE ESTATE AND COMMERCIAL PROPERTIES APPRAISING May 22, 1981 Southold Town Main Road Southold, New Planning Board York 11971 Attention: Mr. Henry Raynor, Chairman Gentlemen: Regarding the map of Paradise Point, dated May 11, 1981, I request that the point lot of 2-3/4 acres with the club house on it and the Southold Bay lot of 1.7 acres be designated as setoffs as per l06-13A of the code of the Town of Southold. Very truly yours, PARADISE POINT CORP. BYIC/~~t3(~ William B. Smith, ~gent P' \ .'J, ) ~ ~ /)-/-1 ~ ,} Q I . William B. Smith ) . } , REAL ESTATE LICENSED BROKER 220 MECHANIC STREET P.O. BOX 146, SOUTH OLD, N.Y. 11971 (516) 765.3042 MAIN ROAD & SKUNK LANE CUTCHOGUE, N.Y. 11935 (516) 734.5657 WATERFRONT PROPERTIES - HOMES LOTS & ACREAGE ESTATE AND COMMERCIAL PROPERTIES APPRAISING May 14, 1981 Southold Town Planning Board Southold Town Hall Southold, New York 11971 Attention: Mr. Henry Raynor. Chairman Gentlemen: The enclosed application for subdividing one lot, #17 of l~ acres, west of Dryads Basin. Paradise Point Road, is for one residence. The remaining upland and meadow acreage shown as lots 12A. l)A, 14A. 15A &,.J.6A is attached to filed map lots 12. 1). 14. 15 & 16. The owners. Paradise Point Corporation, do hereby covenant to the Southold Planning Board that there will not be any residence or part of a residence built upon these extensions of land. Nor will there be more than one residence on 12, 1), 14. 15 & 16. Thank you for your consideration of this project. Very truly yours, ~e~ William B. Smith Agent Enc. . PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman . RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM Date: June 11, 2003 To: Lydia Tortora, Chairwoman, Zoning Board of APpe:/ Valerie Scopaz, AICP, Town Planner /~- U Appl#. 5266 Zupa Paradise Point SCTM# 1000-81-1-16.7 From: Re: P.O. Box 1I79 Town Hall, 53095 State Route 25 Southold, New York 1I97I-0959 Telephone (631) 765-1938 Fax (631) 765-3136 In reference to the SCTM above, we request a copy of the ZBA file for our records. Please forward a copy to our office. Thank you in advance. Cc: file RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR , PLANNING BOARD MEMB! BENNETT ORLOWSKI, JR. Chairman P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM Date: June 4, 2003 To: Lydia Tortora, Chairwoman, Zoning Board of Appeals From: Valerie Scopaz, AICP, Town Planner f, ~~ Re: Appl#. 5266 Zupa Paradise Point SCTM# 1000-81-1-16.7 The matter referencing the above parcel will require time to research. We request that the ZBA Board hold open this appeal and give us a fair amount of time to research this project. This matter will need to be brought to the Planning Board attention at a work session and the next scheduled date is June 9, 2003. Thank you in advance. Cc: file, PB Lydia A. Tortora, Chairwoman Gerard P. Goehringer George Horning Ruth D. Oliva Vincent Orlando . {:5 r<h-rs' oS / APPEALS BOARD MEMBERS . Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD TOWN MEMO TO: FROM: DATE: SUBJECT: Valerie Scopaz, Town Planner and/or Planning Board Lydia Tortora, ZBA Chairwoman fJ';j;J:1.fl $2- June 2, 2003 Prior Planning Board Approved Map (Ref. CTM 1000-81-1-16.7) The Board of Appeals has an application pending concerning property located at the end of Paradise Point, formerly owned by Sinning & Others, and now owned by Mary Zupa. Would you please furnish a copy of the Planning Board approved map or any other information that would clarify lot recognition or creation of 16.7. Thank you. 0 ~CICI'U~ ~ JUN 1 1 2003 Southold Town Plannino Board ~ci ~\\\J'~,,";'c.,l 0'1 Lw\d.c i:::GW~ '30"-" \0, ~DO~ \ ~~of( .; . . . . PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN SIDOR " P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Mike Verity, Principal Building Inspector Damon Rallis, Building Permits Examiner ~ From: Planning Board Re: Paradise Point Lot # 1000-81-1-16.7 Date: October 29, 2002 The Planning Board reviewed your request to determine whether the referenced lot is a buildable lot. The history of subject lot is as follows: I The lot was created as residual open space/access of the Paradise Point Subdivision filed with the Suffolk County Clerk on April II, 1963. 2 The file contains a Covenant and Restriction dated February II, 1963. It is unknown if the Covenant and Restriction was filed with the Suffolk County Clerk. If filed, applicable clauses include: a. No Structure or structures, including but not limited to, dwellings, outbuildings, and fences, shall be erected or constructed or allowed to remain unless the plans and specifications thereof and the location thereof shall have first been submitted to and approved by the Building Committee ofthe Paradise Point Corporation, its successors and assigns, in writing. b. The Paradise Point Corporation its successors and assigns may release, alter, amend and annul all or any of these covenants and restrictions with the consent in writing of all property owners in the said premises. . .., . . t . 3. The April II, 1963, subdivision approval granted by the Planning Board was subject to two conditions: a. Approval ofthe Suffolk County Board of Health b. Expanding the turn-around at the end of Basin Road to 100 x 100 feet. The turn-around and easement on the recorded 1963 Paradise Point Subdivision Map is not shown on the most recent plat submitted. The fate of the turn-around should be determined. 4. On June 14, 1981 the Planning Board approved a set off as indicated on the Paradise Point Corporation, lots titled Club House 2.75 acres and a unnumbered lot on Southold Bay 1.7 acres directly east of the inlet basin. This action was a result of a request from the applicant's agent in a letter dated May 22, 1981. The agent requested the set-off pursuant to Section 106-13A of the code of the Town of Southold. It is the general consensus that this action was taken in order to allow the remaining subdivided lands to be subdivided as a minor subdivision. 5. On March 8 and March.29, 1990 two letters from Ms. Valerie Scopaz stated that the set-off action did not guarantee buildability of the lots and due to the fact that there is no filed map; recommended to the applicant at the time, to apply for subdivision approval. 6. In a May 9, 1995 letter Ms. Melissa Spiro reiterated that the map for the set-off was not endorsed or recorded in the Suffolk County Clerk Office. In addition, the PB did not guarantee the set-offlots as buildable. To be considered buildable the, proposed buildings must meet all code requirements in addition to receiving Suffolk County Department of Health Approval. 7. In a June 6, 1995 Memo to the Zoning Board of Appeals from Richard Ward, Chairman, Mr. Ward states that the Planning Board does not plan to take any further steps in regard to this set-off, as it is no longer within its jurisdiction. The Planning Board's still maintains the position that the set-off although referenced through a Planning Board resolution dated June 4,1981 is incomplete in regard to the endorsement and filing provisions of Chapter 106 of the Southold Town Code and New York Town Law. The Planning Board in accordance with Mr. Ward's June 6,1995 memo, will not take any further steps in regard to this set-off, as it is no longer within its jurisdiction. . . . . '0'\ y\ CQY , . ,. . Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 BUILDING DEPARTMENT TOWN OF SOUTHOLD MEMORANDUM . ;./ ra F mr Fax (631) 765-1823 Telephone (631) 765-1802 TO: Mark Terry, Senior Environmental Planner, Town of South old FROM: Damon Rallis, Permit Examiner, Southold Town Building Department DATE: October 3, 2002 DESIGNATION OF BUILDING LOT Project: Zuoa Location: 580 Basin Road SCTM# 100 - Section,tl- Block 1- Lot 16.7 Please see the enclosed documentation and advise as to whether the above referenced property is an approved building lot in the Paradise Point subdivision. ~~q Southold Town Plannlna Board _.:... .:.:.._:, ..)lI6.-;'--- FROM : ZL.IPAlJ'lW . . :) 15 2002 11: 27PM P4 . ./ n ',J" . " .p TO S D 8olltllo14. N.Y. 11911 I\CNAY E. !tATtlDR.l... Cb.".." . "'~IUUClC F: ooa~ ~... WALL '. 1Nr:rT ORLOW5KI. ". ClIlC'lROll lUTClIlIE LA TltA14. Jr. 'Wil1~am F. MUllen. Jr. 'l1lIAlPHClNE . 7U._ ". -I" .:rune 4. 1981 Mr. Gedrge Fisher senior BuU,dinq Inspector 'lown Ila 11 loutho1d, New York 11971 Dear Kr. 'Plshert .. .J'I. . . , ~he followin~ action'was taken by the Southold ~own Planning Board at a regular meetin9 held June 1, 1961. APPROVAL to. set off as indicated ~p subject of P *corpOr d Club House 2."1'5 acres and .an u hold Da 1.7 acres directly JJ1lenclmen e re&o u on p of May 11, 1981. This approval is SUbject to a one year review. ~ Yours trUly, lillNRY .E.- RAYNOR, JR., CflAIRKAH SOUTlJQLD TOWN PLANNING BOARD ~~ ,. e.~"""""/~,,-, By Linda Kimmins, Seoretary ~. '. I~ . FROM : ZUPAl..J'lW. plillnning' Board . . FAX t.o. : 631.119 o -4- . n. 15 21302 11: 26PM P2 \ Rune ,1, .LlllIl , spondence from the S~ffolk co~nty Department of Health services re- 9ardinq the SEQRA, correspondence to the SuffOlk Co~nty Pl~nning Commission, copy of the legal notice. metes and bounds description, correspondence from the applicants attorney, sketch plan approvAl . for this s~bdivision on March 26, 1980, I would aaaume it is March 1981, also declaration of lead agency status with Southold ~own Planning Beard, application for approval of plot, short environmental assessment form. This completes the file. This is a tract of prop. erty that's being' divided into two. The traot of property oonsists of fifty-nine and one-half (S9~) acres, one plot being thirteen aores to the north, the second plot being fourty-si~ acres to the south. Ai is the procedure of public hearinqs, I will ask 1s there anyone present this evenin9 WhO would like to speak in opposi~ion to this proposed minor subdivision of the Henry Jenninos Estate? aearinq none, is there anyone present this evening who would like to speak in favor of this proposed minor subdivision of the Henry Jenninqs EstAte? Rudolph Bruer: On be~lf of the'estate. I would just like to re- irradiate what I spoke to you gentlemen earlier on the site plan approval. The purpose, I represent the estate whose sellinq it subject to the division of the property, we've been advised by the proposed purchaser, a Dr4 DllIllianos, that it If.auld be used ~or ~lILpe growinq purposes and the purpose of the: splittinq of it is that the larger piece is qoinq to be used as a farm. Respectively, we ask the ~oard to allow the division of the property, t~nk you. , Mr, RaynorlXs there anyone else present this eveninq who woul~ like to speak in fAvor o~ this proposed subdivision? Is there anyone present this evening that has some information that may be neither pro no~ con but should come befo.e this board at this time? Rearin9 none, is there any member of the board,that has any questions? Mr. Orlowski, Mr. Latham, Mr. Wall, Mr. Mulle~? All answered in the negative4 Kr. Raynor: There beinq no further questions we will deem this hear1ng closed and thank you for coming down this evening. * ... 1< . . ' '-. gH~on Mehlman minor subdivision. JOM Strong appeard before tbe card to discuss with them his req~est that the right-of-way he . changed from 50 feet to 25 feet. Tbe board feels tbat SO feet'for i:he right-of-way is needed if not at this tlme but. for the future. Mr. S~n~'s request has been denied. . .. . ... On motion nde by Mr. Orlowski, seoonded by fO:. I.atham, it. was I RESOLVED to set.-off as ind~c~ted of the minor subdivision parac1itte Point coroorat~on A"'''~ ~tAt! ,,~, nh Al1t1s@" n~ ~Lfn ,,,'u.1- thr arter ..C:I;'e. and an nnumJ:)ered t. u consisting - '0 1.7 a oa net sin. vote of the Soard: Ayes I a.ynor, 'W.U., Orlowski, Mullen, I.atham ~ .. . ... &-\- 1:> 1.( O-Lrt~ p~~cro- '1 ~ Shb"\J~ '2.; O-c~.s. "-~ . I~.~-. -c;" , r:::",';-~Cj" '__;;':-;;; ~~ ~" .:' .110.. ,..........,F"'~,-,n't-".". '_,:", .!_, . '''''''c",c > 1''j'IL.: '" 1 . , I,"\:'L.......\ ~,j~~;~ \9 i if.',.... '. F":j'" -," \fJI I'!-. t.. ".. '. "",,~ '--', ,",';;fy "<-, .. 'J ." , ~~-,.. ...'. " ' ", \.'- -.-~ ',~ OCT 0 2 2002 ' c." 'ithoId Town >JO" B rd Planning . ~_ ~,_. ~ whot-^ ., M"'y C.o1\JC6Ih}, FI s o,^,<l~r o{ ~ l<:>t- CA.6.\,-\Ll"i t-o 1-i2,.;t- () \ '.s:. /"'1 \~ f~r",&.;~',<- ro~..,7 wh-tV'<i:.. N/;\"-1 LVPfl , i 10,17 n. n~ r'D b u, J J ,0..., 1 L\.Yo/- S:frw cj-vr~, r: eo. YY1 e 0., '-'l r ,,"-&. c:ti: ..h, W ~ ~r ~ VnC\.jo-\, ~c..~V><>I'OJ 'R,E,61V,Q.bD "?OJ'::. 1"'L/i) 'BOlL-VINe:. ~rV.oA::i7S-Ac.6VVT ~1o'M^"I'f\)e-.fbCL-- 'N 'LL-_J1<>..,,~ 0..... -"ftz<--+ On ~ W '" -k y- SupfJl, ~Y1 ""'1 lot-. M'i lor w""s ~ lo.st- ClDt' 0..., \S"'S:,~ ~~p vJ~/~ ~",J.. ",-,,,,-kv Cl\v",:/",IoL (I~,.,(J.... L Cl..."y) Vv'h'()..ll..T\n~ ~f^ ~J( c..~v",,--7-;"Y} '1?1: 't'h-+ c.~u >z- .)GIl[ tl.\:l"'~l \ Y) ~\;) S, IS"h IY7-h. n1~ tLv 0 wJl{ ~ R-I SO 'T no rQ.. ~ <\> 1", '-'< "7'1~Vj t' ~.-\ ~ ~ 'f+' c... --+':",..,lc ~ H 1'\ <<-'{ "C.uf'A'g T' /4n ',<::. bn ~ s:, ~ <:) ~ 'h..r 1",+ '-01;, .e h C\ \,.;1-s r(I ~ 1;Y-"'FY~" Lv~,.., '\-4 "1'00) Is' "ZV1?rhzct7V)'fb ~ ~ft't ~,;k \ ~ '1?Cz T (),.s.!;'I.)~ i+ C~.t)11~ ~ ,P->?1 r r-:~<\ '''' t'-t> ~ \00",1'" b....S ,;) ClY' ; ~ \?~) U;).'~I ~: k ~4\'<'n"'~{ lti "-'1'1 'vU~, tll ""II u,,, . \1" > ." ~ v'< '1 f.. \ JI.L l' l~c.( a -G l~" cQ '" n~ L q, Y"Y1 <;;, t.:>Y'L ~ -f-i, <.01) 11" Y)'(")'t'Y ~ / -'<- It. '1 ; ~oS,L F-c., ho. ~ ~ ~ 1') ~ SJ<. 1:...0<\ (Q'Y Y)~ I V) f-u c...o Y1 S,' ~ y- CI, h ~ ~ b0/" >. \ n~ --r ~o ",6t 1,,, v<.. ~ ~+) ~ -fu <\..s.s~ ~ 6...0-Y)~..S' \',\\J(!/t,~<9, '":2 \.v<>"f\~ --\-0 \0 (',., ~ 0,+ -l--t:., ~ l> vV' 0.. *1)"t,o" .. Ih l.\ hie.. L1 V" ~ C--I, 0 vr C-D 1')S ; d.I')' C\;--, <l'r\ c.( te,^, s <?.O"0 CIZA. YJ , ~~~ . . ro r;:7 2>vfr3r. . 'rB 8711FF Edmond H. Curcuru 450 Basin Road, Paradise Point P.O. Box 771 Southold, New York 11971 ("3,, ~765-3348 CJ ut'. I .;1,0 Cl d" , " , + ( SEC.HO.019 -i!--- LK ~ . , . iii ~ p ~ <II ~ <9"",>- ':>. ~~\ ~~A cfi Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lara S. Collins George Horning . - ~ So'<IroldTO~ 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 .oJ>!,EAJ.S BOARD MEMBERS. BOARD OF APPEALS TOWN OF SOUTHOLD October 17,2001 r...,.....,.. .~:'"="'.r...,...... \, :' . ,~:.: i~, < 'i't"; . .... ---.' . ,,-III', , r.'i'~ Victor Zupa, Esq. 4565 Paradise Point Road Southold, NY 11971 lllC.T 11) . Re: Inquiry on Subdivision Status 1000-81-1-16.7 Southc!::! TOli'ln Planning aoa:,d Dear Mr. Zupa: After reviewing your letters with enclosures, I referred you to the Building Department. Your next step is to submit an application with required documents for departmental reviews. When submitting an application to the Building Department, you will need to furnish the information, similar to that enclosed with your letter, that certifies the lot is single and separate. You will also be asked to submit all other documentation, such as determinations from the environmental agencies (Town Trustees and NYS Department of Environmental Conservation) as well as the County Health Department determination regarding proposed cesspool and well locations. The Board of Appeals' jurisdiction is appellate only. The Board is not permitted to issue a letter of approval for a subdivision, which appears to be your inquiry. You may of course contact the Planning Board for a subdivision, if to be considered, or if you know the Building Department is saying your lot requires a Lot Waiver, you may apply with the steps required to correct it. Your proposal is not clear because you have not submitted an application to any agency or department that we are aware of. It is recommended that if you would like to file an application to build a house, which would meet all zoning regulations, then your first step would be to make application to the Town Trustees, and Building Department, with all the required documents. The survey should include all information relative to the location of the new house, all proposed landscaping (such as retaining walls, drywells, cesspool locations, etc.) . Page 2 - October 17, 20~ To: Victor Zupa, Esq. -. Re: Subdivision Status Inquiry . . and showing any other area that may be used or occupied (such as proposed or existing driveways, paper streets, marina parking areas, well location, etc.). If you are planning to divide the lot to separate the parking area for the marina, separate from the proposed dwelling, an application would need to be filed with the Planning Board who has jurisdiction under the Subdivision Regulations. We hope that the above will be of assistance to your inquiries. Sincerely ~ Gerard . Goehringer Chairman /. //' cc: Town Attorney Greg Ya boski Building Department, Attn: M. Verity Planning Board . . APEEALS l30ARD MEMBERS '. . . ) Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD REPLY MEMORANDUM 'TO: Victor Zupa, Esq. FROM: Jerry Goehringer, ZBA Chairman DATE: October 12, 2001 SUBJECT: Your Letters (September 2001) 1000-81-1-16.7,16.4 - Subdivision Status/Inquiry, etc. (Paradise Point Area) This will confirm receipt and review of your transmittal with attachments. Our Department has reviewed all of the material submitted. All of the documents have been transmitted to the following Department for review: ( X) Building Department () Town Engineer () Town Trustees () Planning () Supervisor () Town Attorney () Other: A representative from the above Department may be contacting you with a response after Departmental reviews. I ('Of' J1) fVq(o I. 101'<10' . ~ <I: . . . VICTORJ. ZUPA ATTORNEY AT LAW 4565 PARADISE POtNT ROAD SOUTHOLD, NEW YORK 11971 TELEPHONE (631) 765-6112 ._~-- FACSIMILE (631) 765-6119 ~ r;::'- 'r"" T~lY~: :.. . E-MAIL vzuaconcentric.n l~ ii s 1;-- I' Ii LI/ I 6 ":\\ SEP I ;l ~L___~JD f~' L_____ 719 WEED STREET NEW CANAAN, CT 06840 TELEPHONE (203) 966-3430 FACSIMILE (203) 966.1724 Hand Deliverv September 18, 2001 Gerald P. Goehringer Board of Appeals, Town of Southold Southold Town Hall Southold, NY 11971 Re: SCTM 1000.81.1.16.7 Dear Mr. Goehringer: . As per our conversation two weeks ago, I am submitting support in the form of a memo and exhibits addressing the issue you raised, Le. with respect to the question as to whether the above lot was part of a subdivision map that was never filed with the office of the County Clerk. The attached memo and exhibits show that this lot was properly approved as a setoff under the Town Code, and was not created by subdivision. Therefore the fact that the subdivision map was never filed as required by NY Town Law does not affect the creation of this lot in 1981 as a building lot. As I indicated to you, my wife and I want to apply for a building permit to construct a one-family residence which, unlike the Miller application, would comply with the 75 foot setback requirement. We are not seeking a variance of any kind. After you have had an opportunity to review the attached with Mr. Yakaboski, would you give me a call to discuss this. Sincerely, ~ P-;fy, - . .i KCLr ~t I ~ 'f- nlS6 ~QLt.co1. 9d-tJ( fP . . . VICTOR J. ZUPA ATTORNEY AT LAW 4565 PARADISE PQINT ROAD SOUTHOLD, NEW YORK 11971 TELEPHONE (631) 765-6112 FACSIMILE (631) 765-6119 E-MAIL vzuoa<1j)concentric.net 719 WEED STREET NEW CANAAN, CT 06840 TELEPHONE (203) 966.3430 FACSIMILE (203) 966.1724 Hand Deliverv September 24, 2001 Gerald P. Goehringer Board 'of Appeals, Town of Southold Southold Town Hall Southold, NY 11971 Re: SCTM 1000.81.1.16.7 Dear Mr. Goehringer: Attached is a rough sketch that you asked me to prepare showing the approximate location and size of the residence my wife and I would like to build. . All setback requirements would be met. The footprint of the house and garage represents an approximate 4% use of the land area. Obviously, our architect and builder would submit more formal and accurate drawings. Please let me know if there are any other questions. Sincerely, " .~ t q: a- . :) . , , . \4Q(. N ~ ~ ' ., 30L I .~ . .. c:::J. "::> U .. ... J. . io. - !' ,.." 1_ z" 3:' 0" I- \~\,,~\ 'Z ~ . '. - - ..: - c. < o {. _11,... 7~1 ) . . . - " ,,:. . ' "t."";.. ..' . . .. " " \ I! " ' ,\ ,.., .,111, '\l~ , , . t- , ... - I - I - r= 00 l- e , ! 0 0:: Z. - 0 lJ,J ->- 0 O. ~ a. a.~ .- 0 0:: I- lJ,JO w . a. C/) --J --' 0 0 <( -0 < It) '2 u.. O:J: U 0' <( I- (I) ~ a. 0::::> <( <(0 f- ~ a.C/) 0 0 If) Lydia A. Tortora, Chairwoman Gerard P. Goehringer George Horning Ruth D. Oliva Vincent Orlando .. ~ - APPEALS BOARD MEMBERS Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD TOWN MEMO TO: FROM: DATE: SUBJECT: Valerie Scopaz, Town Planner and/or Planning Board Lydia Tortora, ZBA Chairwoman r3';jJV ifE- June 2, 2003 Prior Planning Board Approved Map (Ref. CTM 1000-81-1-16.7) The Board of Appeals has an application pending concerning property located at the end of Paradise Point, formerly owned by Sinning & Others, and now owned by Mary Zupa. Would you please furnish a copy of the Planning Board approved map or any other information that would clarify lot recognition or creation of 16.7. Thank you. OEClE ~ JUNll DB Soull1oldT_ Pfannin Board ~d ~\\\J"'-V~cJ.. 10'-1 \...W'\~ \::;()W~ -::SUl'U \0, OleoS l:~ofh) .. - " :i ~ I ~ ,>>.-." (";"1 ' !." I C',' /", (f~i f!--~r-AH>: '! ' _,"~"--,.,., . c 1, ~ ~ ;";--'~ : ~l ~:; r~:_ Jj Lj " .. .. " j RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN SIDOR lJ P.O. Box 1I79 Town Hal!, 53095 State Route 25 Southold, New York 1I971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Mike Verity, Principal Building Inspector Damon Rallis, Building Permits Examiner ~ From: Planning Board Re: Paradise Point Lot # 1000-81-1-16.7 Date: October 29, 2002 The Planning Board reviewed your request to determine whether the referenced lot is a buildable lot. The history of subject lot is as follows: I The lot was created as residual open space/access of the Paradise Point Subdivision filed with the Suffolk County Clerk on April 11, 1963. 2 The file contains a Covenant and Restriction dated February II, 1963. It is unknown if the Covenant and Restriction was filed with the Suffolk County Clerk. If filed, applicable clauses include: a. No Structure or structures, including but not limited to, dwellings, outbuildings, and fences, shall be erected or constructed or allowed to remain unless the plans and specifications thereof and the location thereof shall have first been submitted to and approved by the Building Committee of the Paradise Point Corporation, its successors and assigns, in writing. b. The Paradise Point Corporation its successors and assigns may release, alter, amend and annul all or any of these covenants and restrictions with the consent in writing of all property owners in the said premises. .. - , . 3. The April II, 1963, subdivision approval granted by the Planning Board was subject to two conditions: a. Approval of the Suffolk County Board of Health b. Expanding the turn-around at the end of Basin Road to 100 x 100 feet. The turn-around and easement on the recorded 1963 Paradise Point Subdivision Map is not shown on the most recent plat submitted. The fate of the turn-around should be determined. 4. On June 14,1981 the Planning Board approved a set off as indicated on the Paradise Point Corporation, lots titled Club House 2.75 acres and a unnumbered lot on Southold Bay 1.7 acres directly east of the inlet basin. This action was a result of a request from the applicant's agent in a letter dated May 22, 1981. The agent requested the set-off pursuant to Section 106-13A of the code of the Town of Southold. It is the general consensus that this action was taken in order to allow the remaining subdivided lands to be subdivided as a minor subdivision. 5. On March 8 and March.29, 1990 two letters from Ms. Valerie Scopaz stated that the set-off action did not guarantee buildability of the lots and due to the fact that there is no filed map; recommended to the applicant at the time, to apply for subdivision approval. 6. In a May 9, 1995 letter Ms. Melissa Spiro reiterated that the map for the set-offwas not endorsed or recorded in the Suffolk County Clerk Office. In addition, the PB did not guarantee the set-offlots as buildable. To be considered buildable the, proposed buildings must meet all code requirements in addition to receiving Suffolk County Department of Health A?proval. 7. In a June 6, 1995 Memo to the Zoning Board of Appeals from Richard Ward, Chairman, Mr. Ward states that the Planning Board does not plan to take any further steps in regard to this set-off, as it is no longer within its jurisdiction. The Planning Board's still maintains the position that the set-off although referenced through a Planning Board resolution dated June 4,1981 is incomplete in regard to the endorsement and filing provisions of Chapter 106 of the Southold Town Code and New York Town Law. The Planning Board in accordance with Mr. Ward's June 6,1995 memo, will not take any further steps in regard to this set-off, as it is no longer within its jurisdiction. - - " 'X)'\ \/\ ~y I~ ;'P;EAJ.S.BOARD MEMBE~ Gerard P. Goehringer, Chairman James Dinizio, Jr: Lydia A. Tortora Lara S. Collins George Horning .. - Southold TO~ 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD October 17,2001 );.'.."......'V""..........f:!!!1.'1.~... !"". ~'~.i.""'.-.~.'.'''~.. . " ':,"";, - '>'\i,c' t,~' l' : ,",.',,' ,r ' "d fT~ -fh. .~~,,'i".:l \fj., "~~'~ . I'..... ---Il;t' $.t 1 i: :,' .,." <:',,':! ,. : ,-' j,..;:.. lOtI 1 9 2BII Victor Zupa, Esq. 4565 Paradise Point Road Southold, NY 11971 Re: Inquiry on Subdivision Status 1000-81-1-16.7 Souttle!::! Town fi'lanniDQ. BeJard Dear Mr. Zupa: After reviewing your letters with enclosures, I referred you to the Building Department. Your next step is to submit an application with required documents for departmental reviews. When submitting an application to the Building Department, you will need to furnish the information, similar to that enclosed with your letter, that certifies the lot is single and separate. You will also be asked to submit all other documentation, such as determinations from the environmental agencies (Town Trustees and NYS Department of Environmental Conservation) as well as the County Health Department determination regarding proposed cesspool and well locations. The Board of Appeals' jurisdiction is appellate only. The Board is not permitted to issue a letter of approval for a subdivision, which appears to be your inquiry. You may of course contact the Planning Board for a subdivision, if to be considered, or if you know the Building Department is saying your lot requires a Lot Waiver, you may apply with the steps required to correct it. Your proposal is not clear because you have not submitted an application to any agency or department that we are aware of. It is recommended that if you would like to file an application to build a house, which would meet all zoning regulations, then your first step would be to make application to the Town Trustees, and Building Department, with all the required documents. The survey should include all information relative to the location of the new house, all proposed landscaping (such as retaining walls, drywells, cesspool locations, etc.) J .. -) Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett O~owskl, Jr. Mark S. McDonald Kenneth L. Edwards ss.\)c;,\\~;", ~ ~ o . ... ~ ~ ~ ~. ~ :iltO./ + i-~<:::> QzXDfJ# Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD MEMBERS PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Gerard P. Goehringer Chairman, Zoning Board of Appeals RichardG. Ward fJV~ Chairman, Planning B6ard FROM: DATE: June 30. 1995 RE: ZBA memorandum dated June 23. 1995 Paradise Point Subdivision Projects SCTM# 1000-81-1-16.8 Please find the following in response to your June 23. 1995 memorandum (the numbers correspond to the paragraphs in your memo): 1. I have enclosed a copy of the Planning Board's resolution dated June 4. 1981. and the May II, 1995 map which is referenced in the resolution. 2. The Planning Board's file does not contain a subdivision/survey map similar to that attached to your memorandum. 3. As noted in prior correspondence. the Planning Board. up until approximately five years ago, did not require the recording of set-offs in the Suffolk County Clerk's Office. The Board of Assessors usually notified the County Real Property office of Planning Board approvals. Since the Paradise set-off was not endorsed by the Planning Board. it is assumed that this procedure did not occur. In addition. the Planning Board records do not show that the Paradise Point Corporation filed the set-off in the County Clerk's Office after it was approved by the Planning Board. Therefore. since the set-off was neither recorded by the applicant nor the Town. the set-off is not reflected on the 1985 County Map which is attached to your memorandum. The Planning Board does not have the enforcement authority at this time to retroactively require that the 1981 set-off be recorded in the County Clerk's Office. enc. ..) ~ ;:'6 /is ~:?/...p;?tR. _ Fl(..& Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora Soutbold Town Hall 53095 Main Road P.O. Box 1179 Soutbold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 APJ>EALS BOARD MEMBERS BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM TO: PIRnning Board FROM: DATE: Board of Appeals Chairman and All Members~, June 6, 1995 SUBJECT: Your 6/6 Reply to ZBA Memo of May 19, 1995 1963 Map of Section One, Paradise Point at Bayview 1981 Resolution of PB for Minor Subdivision Possible Amendment to Major Subdivision Map Thank you for your response to questions 1 and 2 of our May 19, 1995 letter. It is noted, however, that you have not replied to the final paragraph of our letter which asks if additional steps will be necessary through the Planning Board jurisdiction to finalize the 1981 map and its amendment to the 1963 County-filed map under New York Town Law as well as the provisions of Chapter 106 of the Southold Town Code relating to subdivision approval. Please confirm steps which will be necessary through your office and the Planning Board for Board resolutions to amend the major subdivision map of 1963 on file with the County Clerk (if any are required) in order that this may be properly resolved. If none are required, please also confirm. cc: ZBA Members JI.lN 6 1995 00 SOurnOLD TOWN PLANNING BOARO -) ~ Gerard P. Goehringer. Chairman Serge Doyen. Jr. James Dinizio. Jr. Robert A. ViII a Lydia A. Tortora (.~~fFa~~ ~ ~ "" ;..: Q - en ~ ~. ~ ~O ~<:::,~ .~ Southold Town Hall 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 APPEALS BOARD MEMBERS BOARD OF APPEALS TOWN OF SOUTHOLD May 19, 1995 Planning Board Town of Southold 53095 Main Road Southold, NY 11971 Re: Map of Section One, Paradise Point at Bayviuw Filed April 11, 1963 with Suffolk County Cleek Gentlemen: There is stiIl a question of the 1!181 minor subdivision which the Planning Board today relies upon pertaining to the creation of a lot after 1985 (contrary to the major' subdivision filed in 1963). Members of the ZEA have asked that tillS lIIemor'dndum be forwarded in order that the Planning Board can clariry the following questions: 1. Is there a copy of the 1981 subdivision map signed by the Chairman of the Planning Board on file, and filed with the County Clerk with the Health Department's stamp of approval? If not, will the Planning Board advise the new uwners of this requirement? If not required, please clarify why this procedure is different from others which are required to do so today. 2. If the PE does not require these additional steps, how will the Planning Board notify the County Clerk's Office of the new lot lines to that 1963 major subdivision map? Will the Planning Board require an updated County Health Dept. approval - similar to what is required for others. We would like to know how a Jot can be created without further steps when there is a previously filed major Hubdivision map (contrary to the lot lines shown on that map today). Thus, it is also not understood why the major subdivision maJl would not be amended in some manner through county records to show the Planning ) Board or owners' intent for new lots. Please confirm which "" pag6 To: Re: 2 - May 19, ...) Planning Boa~ Map or Section One, Paradise Point ~ additional steps will be necessary to finalize this amendment to comply with New York Town Law and Ch. 10S of the Code. Thank you for clarifying this area for the Board Members. Enclosure cc: ZBA Members Very truly yours, ~bj/'/J~ Gerard P. Goehringer For the ZBA P.S. Attached is a copy of a deed dated 4/12/85 from Laurel Ann Shaw to Paradise of Southold, Inc. and a copy of the County Tax Map dated 1985 showing the parcel as it existed four years after the 1981 minor subdivision and 32 years after the 19S"3major subdivision. It would seem that the three-year time limit for filing of maps had expired as provided by New York Town Law. < 'vii I x(;~. ~ \j , ,( ~ .'v~7 ~ :t: ~J: .. Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. o. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 > PLANNING BOARD MEMBERS PLANNING BOARD OFFICE TOWN OF SOUTHOLD FROM: DATE: Gerard P. Goehringer, Chairman Zoning Board Members Richard G. Ward, Chairman f;t~ June 6, 1995 TO: RE: May 19, 1995 correspondence from ZBA Chairman Paradise Point Subdivision Projects SCTM# 1000-81-1-16.7 Please find the following in response to your May 19, 1995 correspondence: At a Planning Board meeting on June 1, 1981, the Planning Board approved a map dated May 11, 1981 for Paradise Point Corporation. The approval set-off a 2.75 acre lot entitled "Club House", a 1.7 acre lot (unnumbered) on Southold Bay east of the inlet basin and a 1.5 acre lot (number 1]) west of Dryads Basin. While the Planning Board records do show that the map was approved, they do not show that the map for the set-off was endorsed by the Planning Board Chairman. Accordingly, as regards your first question, there is no map filed with the County Clerk or bearing Health Department approval. In 1981 when the set-off was approved, the Planning Board did not require that the applicant obtain Health Department approval prior to granting approval for the set-off; and therefore cannot require it retroactively in 1995. The Planning Board does not plan to take any further steps in regard to this set-off, as it is no longer within its jurisdiction. In response to your second question, the Planning Board is not reqUiring that the 1981 map be recorded in the County Clerk's Office. The Planning Board has required that set-offs be filed in the County Clerk's Office only in the past five years. Prior to this, the Board of Assessors were responsible for notifying the County Real Property office of Planning Board approvals. Since the Planning Board was not requiring Health Department approval or the recording of final set-off maps prior to approximately five years ago, the Board cannot require that a set-off approved in 1981 be recorded in the County Clerk's office at this time. This is not to say that the Paradise of Southold Corporation is exempt from compliance with New York State Town Law, but that the Planning Board is not in the position to require compliance. However. the ZBA can require that the applicant obtain approval from the Health Department prior to any final determination. ',' .. ~ 'J>B N.-S SulOP Gerard P. Goehringer, Chairman Serge Doyen. Jr. James Dinizio. Jr. Robert A. Villa Lydia A. Tortora Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765- I 823 Telephone (516) 765-1809 APPEALS BOARD MEMBERS BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM FROM: Melissa Spiro, Planner Linda Kowalski for the Board of APpeal~ May 10, 1995 TO: DATE: SUBJECT: Memo (5/9) Received Today from PB Chairman Paradise Point Subdivision Projects 1000-81-1-16.7 (formerly part of 16 and 17) Thank you for sending the above memorandum. The history of the Planning Board's approvals of this area is always helpful especially when some of the prior PB files appeared "unfinished." The purpose of this note is to confirm, after speaking with you this afternoon, that the lot which is the subject of the Notice of Disapproval dated March 29, 1995, was actually approved by the Planning Board in its resolution of May 11, 1981, and that you have confirmed that the applicant may proceed to obtain other approvals with other departments and agencies based upon this fact. These communications are being made a part of the record to assist the Board and Building Department in its reviews. Attachments (Copies of Notice of Disapproval and PB 5/9 Reply) cc: Building Department All ZBA Members Town Attorney L. Dowd MAY I 2 1995 '1 . ' .. .. Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth l. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD MEMBERS PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 9. 1995 Christine Nicholl The Brook House 405 South Country Road Brookhaven. NY 11719 RE: James Miller Project Paradise Point SCTMJi 1000-81-1-16.7 Dear Ms. Nicholl: Please find the following in regard to your letter of 'April 17. 1995: On June 1. 1981. the Planning Board approved a map dated May 11. 1981 for Paradise Point Corporation. The approval set-off a two and three quarter acre lot entitled "Club House" and a 1.7 acre unnumbered lot on Southold Bay directly east of the inlet basin. The 1.7 acre lot is now known as SCTMJi 1000-81-1-16.7. The Planning Board records do not show that the map for the set-off was endorsed or recorded in the Suffolk County Clerk's Office. The 1981 Planning Board approval does not guarantee that the lots set-off are buildable. To be buildable. the proposed building! s) must meet all requirements of the Code. in addition to receiving approval from the Health Department. Attached please find a copy of a memorandum that was sent to the Zoning Board of Appeals regarding the above mentioned project. Please contact this office if you have any questions regarding the above. s~nCereIY: fZ-,. ~iro~ Planner encl. cc: Zoning Board of Appeals Building Department " ..) ..) Richard G. Ward. Chairman George Ritchie Latham. Jr. Bennett Orlowski. Jr. Marl< S. McDonald Kenneth L. Edwards Town Hali. 53095 Main Road P. O. Box 1179 South old. New Vorl< 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD MEMBERS PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: Board of Appeals Richard G. Ward, Chairman fv/ /4ty DATE: May 9, 1995 RE: James Miller Project Paradise Point SCTM# 1000-81-1-16.7 (& 177) Please find the following in regard to your memorandum of April 26, 1995: On April 4, 1963, the Planning Board approved the subdivision map known as Section One. Paradise Point at Bayview. The map Was endorsed by Archibald Young, Acting Planning Board Chairman, and was filed in the Suffolk County Clerk's Office on April 11. 1963. The parcels which are the subject of this memo ISCTM# 81-1-16.7 and 17) were not shown on the 1963 Paradise Point map as numbered lots. However, they were shown as one area owned by Paradise Point Corporation with an area designated for a future extension of Basin Road. Please see attached copy of the 1963 map. Apparently, in 1969, Paradise Point Corporation sold 0.34 acres of the area mentioned above to Edmund Curcuru I the owner of the adjacent parcel known as SCTM# 1000-81-1-18) without Town approval. The 0.34 acre parcel is designated as SCTM# 1000-81-1-17 on the 1995 tax map. The intent was to merge the 0.34 acre area with the existing lot owned by Curcuru; the two lots have been under the same ownership in excess of 25 years and the Curcurus have established their residence on one lot and their garage on the other lot. The Town could require that the 1969 "split" be formalized with a lot line change. However, in light of the fact that the 0.34 acre split occurred more than 25 years ago, and the 0.34 acre area was not included as part of the 1.7 acre lot shown on a subsequent map approved by the Planning Board, the Plannina Board is not r"QlJirina that this be done. On May 14. 1981. William Smith, agent for Paradise Point Corporation, presented an application to the Planning Board for: "Subdividing one lot, #17 of 1 1/2 acres, west of Dryads Basin. Paradise Point Road for one residence. The remaining upland and meadow acreage shown as lots 12A. 13A, 14A, 15A. and 16A is attached to filed map lots 12. 13, 14. 15 and 16." .' . - .. Jdmes Miller Project. Paradise Point May 9. 1995 Page 2 I have enclosed a copy of the minor subdivision map for Paradise Point Corporation dated May 11. 1981. showing what Mr. Smith described. It should be noted that the lot #17 Mr. Smith refers to is not the same as the lot shown on the 1995 Suffolk County Tax Map as Lot #17. On May 22. 1981. William Smith sent a letter to the Planning Board regarding the above mentioned map dated May 11. 1981. He requested that the point lot of 2 3/4 acres with the club house on it and the Southold Bay lot of 1.7 acres be designated as setoffs. Again, please see the enclosed map dated May 11. 1981 showing what Mr. Smith described. On June 1. 1981. the Planning Board. at a regularly scheduled meeting. passed two resolutions in regard to Paradise Point Corporation. The first resolution: "Resolved to set-off as indicated of the minor subdivision Paradise Point Corporation lots entitled "Club House" of two and three quarter acres and an unnumbered lot on Southold Bay consisting of 1.7 acres directly east of the inlet basin." The second resolution: "Resolved to entertain an amendment to the resolution with regard to Paradise Point Corporation to include lot #17 as .shown on the map of May 11. 1981. I have enclosed copies of the minutes and correspondence in regard to the Board's approval of the set-off as shown on the map dated May 11. 1981. The "unnumbered lot on Southold Bay consisting of 1.7 acres directly east of the inlet basin" is the lot shown on the 1995 tax map as 81-1-16.7 and the lot which is the subject of the James Miller project. There are slight differences in measurements due. I believe. to the change in location of the high water mark. The Planning Board records do not show that the map for the set-off was endorsed. However, the Planning Board approved the map dated May 11, 1981 by the resolutions mentioned above. After approving the set-off. the Planning Board proceeded with review of lots 12A. 13A. 14A. 15A and 16A. I will not go into detail regarding these lots since it is not pertinent to the subject of this memorandum. Please contact me if you require any additional information. encl. cc: Building Department ,""- ;\ ). ,...... . i- - ! - ",,' .------.. .-' --..----..-.----------.-. -...-.- ~--:c-~.,-;-c:=-~..::--;~.:=.::.-----_. --.----.--.-..--- .--~--....-.~.- --- -.--.-.--..-- .... ,~.' \~\~ ~ .. I.Ot.lc' '1 \~. ,.\' ;0 ,,,rf r.f~ 'I \" " ,Q, ~ Al ,< ~'P' ..x0' <P~ ,-0:'" 9~'1 ::11/ / j', ' .",., . t ,- .,/ j~ /7 .".../!.. " .,.-.. f / .....,' I ;/ / , ...,...,,,... 11/,.1'/ ItolD.al "...)1 ..1".&& ,.,.,t ).,o"~ J.n-" ",,11 .,." IJ'_"'" ".'" '.7'O"~' ! .'1 s ourHOLD stE SEC.NO.131 \ \ 11..- /. , - ,,'otOllll..,.. .. '- .. F.O. ZB " ~ " ~ to I).,A SEE SEC,IlO." .I'~ ",. > ,.3.~cI ,. I'" \,~:,::, Cl " ." @ <:l "~_. ~ .,..- .'.' .... ~;;~,- - . r:.;," SOAh1 ~ _..-~' . J'_'~ Cl ,....~. ~. C') ,.. ., :: :;; - -':J< ... "W ~ \ f~ -i~ ~\ , 1..sAte.! ~a =,ON ONe YARAj),St: ?"'IIl"T Q E___ -y PL4~,(),NG BQA~D Ai";'~' J163 fiLED ~ol.....IL." (OLJ~"I A",'I c' II, 1~63 ooyule<<.l fILED SA. YV/E W TOWN OF SOU/HOLD SUFFOLK COUNTY Ne:::w YORK APR 11 IM~ @~:33f. M NORMAN [ KLIPP C1ericof SuttolkCollllt\ 1/ AAE'A 9./8AcRES Key MAP GD ,.. SCAL~ IN F~E( .DC J1 /~63 "'/'VtVING BoA~D (2l_~ . -I'?7Q Lt - I/J ''''''.:r;:r177i::7t:7~ ~ M13,...2.!9!i16J ve:: ,b~~" sd ., e)'QlI""'.:$' " Yo ~rDl7r . "~ ~ll, P..~, ,r ~/D 'y'p;cdl Lor Layout ..$-=.1/<= ~QQ'=J" ,.. ...,. ~DC Own~d ami O<<v<%'p6d ~ PARADISe: Ft>/NT CORPORAT/ON SOL/tho/a>; N.X lE'srI-tOL4'':' fZ. _..f ...., i.;fJ4., , "--' -8 "ca_ - "" f"- H ,A ...,- o y.4 rJ .., t '. t < P~i,..,t- Co~porgt;on- C1 ,... ,.. .,. ~ C e (- .0 X' ~ ( o {~ C/ S AS/IV 7' I r-- I "c~ I:"} T +' @- , '" I t A , ! ,\" ...'" I : i ~ i ," \. , ,- "7*", \ "9 ..~.Jr.~'" , . \ I' ,--' ", \ \\ \~~~:.\:~ ".. ''''''-, I ' " -' \.("~ - ~\I ~ ' '" ~ ~ " ~ ~ , ~ " \0, ' \ ---< \ ..) -::;.... " '"\. " " "" "'- 1 " " " " '1 .. ::: ~ ;' b '-- , - \ - <P \ G I~ -/-~- '- -) " " " h . , , ~ ~ \ , ,~ <:- , , , " ~ " , '" " S :-< " .~ ~~ .. ".~"'" , '-)~(, , , "-l\.~ \ ~... < , , , , C:",l: ; ~::::.! , . :t , i:t ~. .:',: .~ 't"".' - " " , :tl~ , , ~ ~\I..:: . 'I." ~ , ~ '-c"- ~ ",.<- -"-1..": 'C ~i'~ , , , ~ .,:~\:; \, " ,; :~ " .;; " ti ,~ t. .;:. \.... '- \ ,0 :::: '. ~ \I , ~ '< , . '- , <; "' '? ,~ \) ::: 1 -~.-==-=-~-! 'i " ~!::' : -$j .n -<>'- - .., --- ~("" ','~~ ". .;,').- ~ \ ~ ~:'S' ~{ - <t : !E..-;- -........ \' ~~ - .::-t~' ". Q ..__~~--.--- ,f: ~ 'e' ~ \. ;1_'$.,- , ~ . ' , ' .: Y) .- ~ , - \ , "" \ " % >4- .;;. ~ , '- '~",,'''f'~''-' ,'~"r;t.. t'-i' ..,}-, j i !\~ !~--S:;'hi . \-\: ~'-, ~ f " ~- ~ ~/~l ~ . {': ". ". //i . ;.~~ ' \~:'" ,-. ;;~l:~ ;, ~. it -i;/i.lf,. , ::~ :;'7:;';:?--- z4"- ~~.. \.--~ , , , :.t',.... '''',i : \ .~_-:7- " , .L./ :~\'~ , l::o .,..-'. "~'I . 11~. 'G\ ;~1 \" I :i~ '- .},' "'t , :; . . , , . . <, .;1 -- -"." ".. \ ~~\ '\):1 ~\ ~ I , \ '. '- . ~ " < ~ .. '" Ii;- m:~ ~..; " '. , $ ~y, ,~ " 11"1 ':~ -- ....~ ~ . ";-y;-'---__.:f .."i' " ~.~ - "''C. I"TI " .. ~\ ~--: ~. .; , )0;"'" ,,\' '<:l! "; 0,- ,O'IS . ~ .G"Z S'. 51 ',... , o ':,. . '< , " if; /' ~ , I'---;':"";~ " .'- ',I..:,:"..! I ~,;.;:;.~, , I. A to> > ' ,.- ~~- I':: ,; I' r' " ... ... '~ \)~ Q,; \) ~ i[t/ , ,( 'S \ \ 00 ,,- ~ "<' ~ Ii: p (l- <,:: ~ ... 1 X' .' -- <:;: ~ .. 0 <. ~'. 'J .. '" '-~ '< -.. 0 ~ ....wv Q 0 (!j\f-- ;)",;; V)~Q I.'i!~Q Cl "> !<J ::: '0 ~ cs q: 0t 't Q h , ,: <; Il. 'i ~ 0' . , G . < ~ ~! , < 0 I\. . , -<> ..ll.. ,;;~ )j 31 ~ JA ,..rE '~ 11 Vi t -J .= "'. <':!"O !lanning Board ~ -4- .. June 1, 1981 spondence from the Suffolk County Department of Health Services re- garding the SEQRA, correspondence to the Suffolk County Planning Commission, copy of the legal notice. metes and bounds description, ~. correspondence from the applicants attorney, sketch plan approval .. for this subdivision on March 26, 1980, I would assume it is March 1981, also declaration of lead agency status with Southold Town Planning Board, application for approval of plot, short environmental assessment form. This completes the file. This is a tract of prop- erty that's being divided into two. The tract of property consists of fifty-nine and one-half (59\) acres, one plot being thirteen acres to the north, the second plot being fourty-six acres to the south. As is the procedure of public hearings, I will ask is there anyone present this evening who would like to speak in opposition to this ') proposed minor subdivision of the Henry Jenninqs Estate? Hearing none, is there anyone present this evening who would like to speak in favor of this proposed minor subdivision of the Henry Jenninqs Estate? Rudolph Bruer: On behalf of the estate, I would just like to re- irradiate what I spoke to you gentlemen earlier on the site plan approval. The purpose, I represent the estate whose selling it subject to the division of the property, we've been advised by the proposed purchaser, a Dr. Damianos, that it would be used for;grape growing purposes and the purpose of the, splitting of it is that the larger piece is going to be used as a farm. Respectively, we ask the board to allow the division of the property, thank you. Mr. Raynor: Is there anyone else present thia evening who woule like to speak in favor of this proposed subdivision? Is there anyone ), present this evening that has some information that may be neither pro nor con but should come before this board at this time? Hearing none, is there any member of the board that has any questions? Mr. Orlowski, Mr. Latham, Mr. Wall, Mr. Mullen? All answered in the negative. Mr. Raynor: There being no further questions we will deem this hearing closed and thank you for coming down this evening. * * * Milton Mehlman minor subdivision. John Strong appeard before the board to discuss with them his request that the right-of-way be changed from 50 feet to 25 feet. The board feels that 50 feet'for the right-of-way is needed if not at this time but for the future. Mr. Strong's request has been denied. * * * On motion made by Mr. Orlowski, seconded by Mr. Latham, it was RESOLVED to set-off as indicated of the minor subdivision Paradise Point Corporation lots entitled "Club House" of two and three ,quarter acres and an unnumbered lot on Southold Bay consisting of 1.7 acres directly east of the inlet basin. Vote of the Board: Ayes: Raynor, Wall, Orlowski, Mullen, Latham * * * -- . .ling Board . . . ..) -5- ee)e 1, 1981 On motion made by Mr. Orlowski, seconded by Mr. Wall, it was , RESOLVED to entertain an amendment to the resolution with gard to Paradise Point Corporation to include lot *17 as shown the map of May 11, 1981. re- on Vote of the Board: Ayes: Raynor, Orlowski, Wall, Mullen, Latham * * * On motion made by Mr. Latham, seconded by Mr. Wall, it was RESOLVED to approve a variance in what will amount to thirty- one (31) spaces in the already approved site plan of Mattituck Shop- pinq Center for use in the evening for what the applicant has in- dicated as theater number three. ~.. Vote of the Board: Ayes: Raynor, Orlowski, Wall, Mullen, Latham * * * David A. Geula minor subdivision. The entire board made inspect~on or property and found no particular problems with the layout. . * * * On motion made by Mr. Latham, seconded by Mr. Orlowski, it was RESOLVED that the Southold Town Planning Board declare itself .ead agency in regard to the State Environmental Quality Review Act in the matter or the minor subdivision of David A. Geula located at Fishers Island. An initial determination or non-significance has been made. vote of the Board: Ayes: Raynor, Orlowski, Mullen, Latham Abstain: Wall Mr. Wall abstained from taking action regarding this subdivision i 's he is the broker of this property. , * * * On motion made by Mr. Latham, seconded by Mr. Mullen, it was RESOLVED to approve the sketch map of the minor subdivision of ~avid A. Geula located at Fishers Island. Vote or the Board: Ayes: Raynor, Orlowski, Mullen, Latham Abstain: Wall Mr. Wall abstained from taking action regarding this subdivision as he is the broker of this property. * * * '- -, L/ .. . , .. .. ~ /'8 /'15 Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 APPEALS BOARD MEMBERS BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM TO: FROM: Planning Board Chairman and Board Members Board of Appeals ~7';;/ April 26, 1995 DATE: SUBJECT: James Miller Project 1000- 8 1-1-16 . 7 (& 17?) 4/95 Notice of Disapproval issued by Building Inspector The Board of Appeals has reviewed a SEQRA coordination request made to our office by the Southold Town Board of Trustees pertaining to the proposed location of a single-family dwelling on the above premises which contains an area of 1.79+- acres at the westerly end of Basin Road, Paradise Point, Southold. It was also brought to our attention that an application was subsequently made for a building permit with the Building Department - for which the above referenced Notice of Disapproval was issued, and furnished to us (also having jurisdiction for setback variances). Before the variances are filed with our office, the Members of the ZBA have asked that an inquiry be made of the Planning Board as to whether or not the lot, as shown on the survey submitted with the Town Trustees' and Building Department offices, was approved as a building lot. Apparently, the major subdivision map filed at the County Clerk's Office shows a larger lot than is now under consideration. In the event your board finds that the lot requires further processing by the Planning Board, it is the position of our department that this will need to be clarified and confirmed as a separ'dte building lot for the purpose of a single-family dwelling for all interested parties, as well as the town offices. Please confirm whether or not this lot as shown on the survey is in fact a separate building lot approved by the Planning Board and whether or not this map is valid today under the current subdivision regulations. Thank you for your review at this time. cc: Town Attorney Laury Dowd APR27 1\fl\qt; - . . ~' }'<\ 01 ('I} . '\1'-'"" (\ 'IV ~ j." vi' I .. ') FORM NO.3 .. ,] ~ubP i>b frt5 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date.... .M<lf.c.h .f~............, 19~?.. Christine Nicholl Ltd. as agent To .... .for. .Jame-s- .Mil.ler,. .contra.ct vendee ..... .4.05. S.ulJth. .CQV(lt.Y. .139il.d........ Brookhaven, NY 11719 PLEASE TAKE NOTICE that your applicationxblied :oacei.ved.Marcb .10. . . . . . . . . . . . ., 19 . ~ ~. .. for permi t to anstruct ~fani.ly doellirg with drls, C'" ), Y pool, an retain use of boat basin fur Paradise Point 1Isroc:iatim: IiC: as'lillii at 'exlSt:fr{{ 00d<S' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . at Location of Property ... .500.BasID.fbad SaJtlnld House No. . . . . . . . . . . . . . . . Street' . . . . . . . . . . . . . . . . . . . . . . H~';'/~t County Tax Map No. 1000 Section.. .8:1......... Block......~....... Lot .~~:? .(~~~ part of 16 S bd' .. ~~ "",.... C"~ I at BayvieN 61 ....... _ ...,.,...~ ]otan 17) u IVlSlon .ra.L~.r1J.U.''''. ~_ Filed Map No. ....'.Jl........... Lot No rot "'""'" as a~.. , . ........ ......... is returned herewith and disapproved on the following grounds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . t)..TQt~.p'~~~el of 1.79 acres is not shown on the Map of Paradise Point, Section One, as a buildlng'i6t;' 'Secii6n'100~281A~7' 'Single'&'sep~t~te'search'required'back to 1957 ....... ..... ......... ...... ...... ...... ... ... ........ ...................... ....... 2) Approval required by Board of Appeals to build single-famify dwelling as a second ....b~.thi~.1:Y9~acre.parcel:...R~8B.zone.reqtlires.80.UOO.~Q,.tt,.P~~.y~~.(q~.~~O.OOO Art. III, Sec. 100-30A ........................................................................................... .. 3) Appr9va1 is re~uired from Board of A~eals under ~ic~e.xKDI.Section lbD:~j9.4B . . . .JOCat;tql.af .~lJ.lig WLth drls at less than 75 fuel: fm11 the ~ bulkrnad; .. ................................................................................................ use sf) for :fl. .JlwrDva.l.~.tp.~.FAe9. ~.'!5.~.o/.tte P~ Ehn'd fur Paradise Point, Section ere, . perta:in:irg to "Future Extmsim" of Basin Ibal an use Oftlifu.rmre1 as a.~.lbC;' . . . . . ...Note,..~opy~~ance of land (now 17 on CTM) not found on Town subdivision map. Ch 100. 5) APpr~val re~uir~d.f;dm. T~~;T~~;t~~~ .;nd.NYS D~p~rt~e~t of. Environmenta1 tonser~atio~ . . .fu~ pl~ actlvltles and constructlon. .... ............................................................................................................ ...................................................................................................... .. --, /7 / ... /;? . , / /c C.~-___ /2/' ~ cz-z-. / -:;" -;T;,d/Z . . . . . . ~~itl1~stI~~g~~~. . . . . . . I~kll - RV 1/80 '. .. , ~.~ 11\\\.1 PI/~[f\W ' IJf \Yi ~ f{ ~ '~;. i.fl.._"",.~ ~ ~ \\Y '~ \~ 0\) TO~(fl,~ . 'ron ~~J-D r ~ ~~\~{J-:. _:'! ~f! SU~y Southold. N.Y. 11971 HENRY E. RAYNOR. Jr.. Chairman ,DitliR.'("f{ '1 ....OD')('t>1 JAMES WALL BENNETT ORLOWSKI. Jr. GEORGE RITCHIE LATHAM. Jr. William F. Mullen, Jr. TELEPHONE 765-1938 June 4, 1981 Mr. George Fisher Senior Building Inspector Town H'all Southold, New York 11971 Dear Mr. Fisher: The following action was taken by the Southold Town Planning Board at a regular meeting held June 1, 1981. APPROVAL to set off as indicated on subject of Paradise Point Corporation, lots titled Club House 2.75 acres and an unnumbered lot on Southold Bay 1.7 acres directly east of the inlet basin. Also an amendment to the resolution to include lot 17 as shown on map of May 11, 1981. This approval is subject to a one year review. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD ~V\ 1\.1 ~. e.~~,,- J J0- By Linda Kimmins, Secretary rn rn @ rn 0 Wi rn m: I' . Am 2 0 1995 r ,j SOUTfIOlD TO....;~ PU~~\:"1",;r: ,-... .11 ..) .. \ , TEL. 765.1802 TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN HALL SOUTHOLD, N. Y. 11971 May 21, 1981 Planning Board Town Hall Main Road Southold, New York 11971 Re: Paradise Point Corporation, Minor Subdivision Plot by Roderick Van Tuyl P. C., Revised May 11, 1981 Gentlemen: According to the Assessors and Town Tax Map, the Roads and the proposed lot of 1.7 acres by the basin the lot, at the point of 2 ~ + acres are ,all under the ownershlp. I Private and same When you have approved these lots as separate lots, I will gladly issue Certificate of Occupancy for each lot as Mr. William Smith, agent for Paradise Point Corp., has applied for. I understand the approximate square area at the Westerly end of Basin Road will be part of the road and a turn around area given access also to the Basin. Do any of the roads, Robinson Road, Basin Road or Briar Road, comply to the definition of a street in Chapter 100, Zoning Article 1, 100-13, Page 10014 of the Code of the Town of Southold? No Building Permit can be issued unless they are improved to the satisfaction of the Planning Board or the Zoning Board of Appeal gives access approval. Sincerely, L!/ '7 / iX,.L9 /' /02JvP '7 V u~ George H. Fisher Sr. Building Inspector GHF: j d , ' - - MEMORANDUM TO: File SCTM # 1000-81-1-16.8 Paradise Point Corporation subdivision Valerie Scopaz, Town Plannerb Subdivision of "17th" lot. FROM: RE: DATE: March 19, 1990 The owner of the "17th" lot, Mrs. Deutsch called to find out if there was an approved subdivision map on file in the Planning Board office. Evidently she is unable to obtain a Health Department approval to construct on this lot because the lot does not appear on a filed subdivision map. I researched the files and found that there is no subdivision map on file for this lot. However, the Planning board did set-off this lot along with two other lots that were in the ownership of the Paradise Point Corporation in 1981. The Board set-off three lots in one resolution on June 1, 1981. It appears that this action was taken so that the remaining property could be subdivided as a minor subdivision. The minor subdivision application took other land of Paradise Point Corporation and added it to four existing lots in that subdivision. Lot "17" appears to have been one of the three remaining lots in this subdivision that were in the ownership of the Corporation. A vacant land Certificate of Occupancy was issued on June 12, 1981, just two weeks after the Planning Board agreed to set it off from other land in the minor subdivision. However, this c.o. does not guarantee the buildability of the lot. .. - Mrs. Deutsch was informed of all of the above in a telephone conversation on Friday, March 16, 1990. She asked for advice on how to proceed. I suggested that she contact Roy Reynolds of the Suffolk County Department of Health to ask what he will require of her before he will issue approvals. I also mentioned that in order for her to obtain a filed map that she may have to apply for subdivision approval from the Planning Board because of the fact that there is no "filed" map other than that referenced in the June 1, 1981 set-off resolution. Mrs. Deutsch will contact this office after consulting with Mr. Reynolds. cc: Victor Lessard, Principal Building Inspector - ~.~). t? 9 - lncd 7'?-J.........., ]9.:'5. proved. . . . . . . . . . . . . . . ., 19 . . . ?ermlt No. . . . . . . . . . . . ~A5:.~........:.... ~,!,:; .. . . . . . . . . . . . . . . . . . . . . . . . ! . . . . . . . . . . . . . . . . . . . . . . . . . 'JU I Jlv._J, I\J.Y. I J~/l TEL.. 7GS 1(]02 - -....... ~:OT I F'{ : C^LL .................. N^IL TO: ............................. . .............................. . ...,........................... . (IJuilding Inspector) APPLICATION EOR BUilDING PERMIT Date '" ~ ..:!:.?-. . . ... ., 19 f:5 INSTRUCTIONS a. This application must be complett!ly filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fre according to schedule. b. Plot plan Showing location of lot and of bUildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram \vhich is part of this appli- cation. . . c. The work covered by this application may not be commenced before issuance of Building Permit. . d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant, Such permit shall be kept on the premises available for inspection throughout the work. . e, No building shall be OCcupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy ;hall have been granted by the Building Insi'ector. . APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the 3uilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws. Ordinances or \egulations, for the construction of bUildings, additions or alterations, or for removal or demolition, as herein described. ~he applicant agrees to comply with aU applicable laws, ordinances, building code, housing code, and regulations, and to dmit authorized inspectors on premises and in building for necessary YJspections. .,/ I 'IiJ' . . , . .UAe'ISn:'t~. ./.{//~, . . ((~/l:,!?, ~..,... (Signature of applicant, or name, if a corporation) '&~0.~~.~.,. (Mailing address of applicant) AJY /171! tate w/i"ether applicant is owner, lessee, agent, architect, e;,gineer, general contractor, electrician, plumber or builder. .".,",.,.".,....,. ;4.b:6v.rfo.~. .J1to.A/c4.. P:.~q, .~Pt;:r:....,..,..". ame of owner of premises .!fA. ~4. PI Sc:., .0 P. .sQ u. :n:+o.L. C. . ~ ."-Ie. . .'/. P.f!..!:?. . . , ., , . . , . , , , , . (as on the tax roll or latest deed) . , :g.n.a.t~~e. ~~d~I~:~. ~fficer. me and title of COrporate ~fficer) '. Builder's License No. ...."................... Plum ber's License No. ........".............. - ) ; Eiectrician's License No. ....................., ,. -"'j;. ':;. - , Other Trade's License No. .........., .... . . . . . . . - .~ Locatiol,ofland on which proposed work will bnjone. ,'1~11II!!J.S.. ,~I? .1?1:ie.!.. t:c/ .'.",.,..,.. ..:. ~., ."..;.............. ./3I1-5.!/V.. .iJJffO.......... '.SOUlll/?,L.-.D.,. ,.......,.....,... House Number' Street I Hamlet . '.' ..' /. 1(.,. Z . County Tax Map No. 1000 SectIon ..,:,8/,......,. Dlock .,.,. . . . . . . . . . . . ., Lot,.. ...,.,,,,,....., Sl:bdivision , .~ ~~ . . . . . . . . . . . . . . . .. . . . ribl Mop No. .,. '-'-' . . .~.. .. Lot...'.,.:,..",.. . (Name) . __ . . State existing Use and occuponcy of premises ond intended tlsc'and Occupancy of proposed construction: I. Existing use and OCCupancy .:8.J>>r.,I.J4:5I;^I.Bf?. ~/S.e./?!.. .f.~?P~:-. (Mr;,..,....,........ .,~ '. ('> . AJJj)Ec.~ fJ()j I. l. ~ntended Use 3Rd OCCupancy :..,J./~t6: ./)J.r.J1IHj,l)~./II,,;t,-f).. ": t:1467ttdI/.~. '.' "" ...... , _..!:.t:2.~.~(J61A/ I/SG HI? ~tJ/JG ;?if. ~:soc. .INC- ." .~w_:-.._.~ \ .. .. ,. N"",, "f.",,<,,,,,, W""'.,,,,,. Now ""0"'''" ....~ '!!.. ........ ,",",,,,0.> ... ..~ Repair .............. Removal. . . . . . . . . . . . .. DemolItion .............. Other Work. . . . . . . . . . . ( l')o;scril'.Uon) 4. Estimated Cost. . . . . . . . . . . . . . . . . . . . . . . . f , " '... . . . . . . , . . . . . . , . . . . , (to be paid On filing this a7'iication) 5. ,If dwelling, number of dwelling Units. . . , . . .J. , . ., " NUI11b~r cf dwcliinc units nn each nooe. . . . , . . . . . . . . . --: If ,,,'.... "M" "f "" ... CM5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . )Vm' ......... 6. If business, commercial or mixed OCCupancy, specify nature and extent of eacII type of use " . 7- ~:, . . . . , . . . . . . . 7. Dimensions of existing structures, if any: Front, , . . . . . . . . . . . . . Rear .............. Depth.............. Height ............". Number of Stories. . . , . . , . . . . , . , . . . . . , . " . . . . '. . . . . . . . . . . . , .... " . . . . . . . . Dimensions of same structure with alterations or additions: Front ..............,.. Rear............,.... DC"h ... . . : .. . .: . . . . . . . . . . . . If",", . . . . . ".' . . . . . . . . . . . . . Nomb5.!'j' j'O"" . . . . . . . . >. . , . . . . . . . . ~8. DimenSIOns of entire new constructIOn: Front. .70.. .....!. Rear... 7:W. . . . . . . . . Depth. . .:? . . . . . . . . . Height .........,..... Number of Stories, . . . . ./ . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . - 9. Size of lot: Front. . 'lJ' W' . . .' . . . . . . . . . . '. Rear..........".......... Depth ...................... 10. Date of Purchase '. r.e'....vf.1~-1/.~ . . . . . . " . " " " Name 91 former Owner ........,..,..............". II. Zone Or use district in wlIich premises arc situated. . . . .~.tfO. . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . ~ 0"" ""'"'''' ''''''''~7ho.. """," ,.., "''''0' "w. """",,,,, ", W,",,,,,,,,. Y~"""""""""""';.r. ~, wm ,,,, "" "'"''''' . y g; ",... . . . . . ., . . . . . . . . . . . W'ff "es,' "ff b, !"~..,,}~r'."J" '''m,,,, y" "" 4. Name of Own~r of premises ~(.W;~. ',f'~'1r.rth.o.I,O Add:ess X??/. 7~ 7i-.JfJ.Vr:l:~<< Phone No. '" . . . . . . . . , . . . Name of Archllect ........................... Address .~. . . . . . . . . . . . . . . , . . Phone No. ..... . . . . . .'. . . , Name of Contractor .// I.II.!l.Af44J. N. . . . . . . . . . . . . . Address. . . . . . '.' . . . . .j. .,,/."; Phone No. '" . . . . . . . .'. . . . 15.' Is this property witl1in 300 feet of a tidal weil1r1l-f!<?' "Yes... t.P.':. No......... . *11' yeS,Southald Town Trustees Permit may be reguired~~ . . PLOT DIAGRM[-' . ........-:> Locate clearly and distinctly all buildings, whether existing or proposrd, and. indicate all set.back dimenSions from property lines. Give street and block nUm ber Or description according to deed, and show street names and indicate whether ''''"''f'''' ,"",,,,, .' ./,1 _/~ . \ i.tY1 r:' i!J()(' . \ . '-rDW~J!i'.: , -~).nc; -" v I . 'Po~ ../ I 'Itl"?' ~ <-::: 9 8tJ~/~ kcL _.- J304r I3;jS/l~' TATE OF NEW Yoyl' C v SS OUNTY OF JIJf:fJ/. . /')-,.. , '/ /I / !-1-:" '1A..!' tr11t!J /~ I. . . '" .(",f.-(Il:<l, ~7.". f;::;.. J. 't... . .,TTP" " " ", ".. '. . , . '" bCl11g dUly sworn, depOS2S an. says thaShe IS the applIcant (Name of individual signing contract) . lOve nam cd.. . . · '''h, .. . . '.' . . . . If. WN:r. R! :e.. . f<(tlf:/C,e,!;.Cj r}n77Z;Jef . . ."o/!iYif. . . . .. . . . . . . . . . . . (Contractor, agent, Corporate officer, etc.) said owner or owners, and is cJu'ly authorized to perfonn or have perfonned the said work and to make and file this plication; that all statements contained ill tillS application are true to the best of his knowledge and belief; and that the 'rk will be perfonned in the manner set forth in the application filed therewith. . Om to before me this . . . . . . . . . . . . . . .. . . . : . .d" "f. .re- f9 '15 aryPUblic: . .~......... .... .M..~........ ."~~~r::y . \ DENISE M. WCAS . Notary Public. SI&te. 6f New York No. 49385()6 . I. Oualifi~d in Suffolk County 0117 ~..._......l~..~,,,,,, !:....I.\lt~r. ."lItl'IHI 1 ,~...._ -'- (Signature of applicant) . ~ Town Hall, 53095 Main Road P.O. Bnx 1179 Southold, New York 11971-0959 BUILDING DEPARTMENT TOWN OF SOUTHOLD MEMORANDUM . r;.1(,?, F' 17')1- Fax (631) 765-1823 Telephone (631) 765-1802 TO: Mark Terry, Senior Environmental Planner, Town of Southold FROM: Damon Rallis, Permit Examiner, Southold Town Building Department DATE: October 3,2002 DESIGNATION OF BUILDING LOT Project: Zupa Location: 580 Basin Road SCTM# 100 - Section n - Block 1 - Lot 16.7 Please see the enclosed documentation and advise as to whether the above referenced property is an approved building lot in the Paradise Point subdivision. ~';.f[[~~~~l~l~ ;\' ~, jlJ OCT O;j 21102 ~ Southold Town PJannlnaSqard "" FROM : ZUPAlAW . (). . FAX rn. : 6317656119 n :; . p TO .:) J) 15 2002 11:27PM P4 . ./ , " D lIollCbold. N.Y. llt11 IU:IIllY It. UoYNOR.lr.. Cb./nI.. . "'lWtJUCK J: "ODN'W Mlde WALL .. 1alN&:rT OlII.OWSKI. I'. OIOROfl R1T01IIE IJ.TlIAII. It. 'Wil11am F. Mullen, Jr. 'I'ill.lPHON& . 7". aaa :. ...r .:rune 4, 1981 Mr. George Fisher Senior Bul141nq lnspeotor Town ltaU leuthold, New York 1i971 Deal' Mr. 'Fisher. .. .;}t, , . , The following actlonwas taken by the southold Town Planning Board at a regular meeting held June 1, 1981. APPROVAL to. set off as indicated ~p subject of P *corpOr Club House 2."rS acres and .an n hold 8a 1.1 acres direct1 amendmen e reso U on May 11, 1981. This approval is sUbjeot to a one year Yeurs trUly, HBNRY,E.-.RAYN01l., JR., CHAIRKAH SOU'l'IJqLD 'tOWN PLANNING BOARD .~-^1 '-. e.~~ I~""" By Linda Kimmins, Secretary rad se POi t unnumbered lOt: ap of roview. ~ ~. '. f..:- . FROM : ZUPAlAW Pl...nning BOArd . r) .. F~ NO. : 6317656119 -4- . t), .' 15 2Il132 11: 26PM P2 .! una 1, llltll , " , spondence from the Suffolk county Departmant of Health Services re- garding the SEORA, corraspondence to the SuffOlk County Planning commission, copy of the legal notice. metes and bounds description, correspondence from the applicants attorney, sketch plan approval 4( for this subdivision on March 26, 1980, I would assume it is March 1981, alsO declaration of lead agency statue with Southold ~own Planning Board, application for approval of plot, short environmental assessment form. This completes the file. This is a tract of prop. er~ that's being divided into two. ~he traot of property consists of fifty-nine and one-half (59~) acres, one plot being thirteen acres to the north, the second plot being fourty-s~ acres to the south. AS is the procedure of public hearings, I will ask is there anyone present this evenin~ who would like to speak in opposition to this proposed minor .u~d1vision of the Henrv Jenninas Estate? Hearing none, i$ there anyone presen~ this evening who would like to speak in favor of this proposed minor sUbdivision of the Henrv Jenninqs Estate? Rudolph &ruer: On behalf of the estate, I would just like to re- irradiate what I spoke to you gentlemen earlier on the site plan approval. The purpose, I represent the estate whose selling it su~ject to the division of the property, we've been advised by the proposed purchaser, a Dr. D~anos, that it would be used for~ape growinq purposes and the purpose of the: splittinq of it is that the larger piece is qoinq to be used as a farm. Respeotively, we ask the board to allow the division of the property, thank you. ; Mr. Raynor I .Xs there anyone else present this evening who woul~ like to speak in h.vor Of this proposed subdiVision? Is there anyone present this evening that has some information that may be neither pro nor con but should come before this board at this t~e? Hearing none, is there any meral:Jer of the board., tllat has any quastions? Mr. Orlowski, Mr. Latham, Mr. Wall, Mr. MU11e~? All answered in the negat.ive. Hr. Raynor: There ~einq nO further quest.ions we will deem this hear1ng closed and thank you for coming down this eveninq. * .. * . ' .-"""-.. Milton Mehlman minor subdivision. JohD Strong appeard before the boa~d to discuss with them his request that the right-of-way be changed from SO feet. to 2S feet. The bOard feels tnat SO feet'for the right-oi-way is needed if not at this time but for the future. Mr. S~onq's request has been denied. .. .. .. On IllOtion _de by Mr. Orlowski, seconded by Mr. Latham, it. was " RESOLVBD to set-off as ind~c~ted of the minor subdivision ParadiS. P.oint COrDorat1.on ~a~1-~1A~ 1It"!'nh AOU8@1t ",of' +-wn And thr arter,aere5 ana an nnumbere4 t ou consisting-- 4 o 1.7 a ea n et 51n. · vote of the 80ardl Ayes I aaynor, 'Wall, Orlowski, Mullen, Latham .. .. ..