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Q I J '-~_~ ~ ~i, , . / ' ~~. ~ Z~9 -1_' ., )........\ // D l,J , . /") .. .1._' ~J.~ j I . i~ / ~. ~ ~ ~ :'i "'; i ~); .0' '/,._1 ~ ~ <;' ~ N )AI ~ ;,\ () ~. i\ APD!'1'f',V'':''\ r"lY I ~-~..",,' ..:,}.J (t\ ':\J " ! ' "'. v, TO' PLt-}~.~\~ ,h: ,.;C~/;'.lO ~J\ T A .~. H;).LDc:, -:r.. 'f. :\. .. ,. \ ~~; , 'l.. .' .' .:.., ~~;I ~" .'. , DATE ,j., , ,~ :5 z' ;;; ..----- , ..., 4." n1 '\, --- ~-----~.. o c' k: i: ..~ ,."... .':.~'__-',,:~:._~~ S',~r:~;~?;~j~~ :~~hi()n ""',;;,:,,,,\;-~,,,<)' till'! NilW 'York Stlrta ,~r thj~ S1J"'~ l"itJp not ". I~.:{;' s"......WO~.9 inltttd IIf'fng "-'-"'["~'-,,{r :'S9;l1 ~h~lll'!ot: be"::~ ""'!id tnt"l cO;!)Y. '~l'~rl0m'9@~ lndic~tec! hereon :'_'!'\ to th1illl~rson for whom ..II ftln 1$ PC60E:rsd. and on hfa behatf the '.urver ;Jt.le _company, 90Ytm to tfte 'i9')dJ~ inMitutJonfJ~""- :0 ~h~ aS3ignaes of the IendI and _,;:r.~'J!).,.~Ul!lr8ntGee are not~~.- \_' ..J<Ji,1O>1l.l11 insmUtions or hi;': PLQT-1")LfjN MAO.€- PO/Z Pf.-I/L/P r;:j~A fVl-S /UIV G. J-IOQ.TD'V..I 12.0 B E::.- i~_T.KLO.s PeCONIC . RECEIVED BY SOO1IIOUI TOWN PIANMH6 IlOARJJ ,q 7' row.''; O,cr S O.Ll.!,,:!.OJ.. {;), N.Y.. PJiZOPa:i/ffD L.INE CHI1Nc.;JI' Dee,alaS --+- SlJK:VIiiYF.D Au.,;. -;: /985 J20peIZICK. VAN nIYL. P. ,;', iL. V "",.___ "T: . ~ '-IC.'!h'$~'O 1....,..0 6UIl.i#!Y<JH:.$ c.'i2euIJP()~1: N, f, t5c;i:::U_I!f,. 10.0';:/11 To TAL ,':;!ti::.f!F1: +. zt AC. tillFPOU(.. G'(j. iliJi PtlieC€L.S:IOOCi~(J8!>-3-.,,6 ... ...". c,\\HUL,f /' PJJA~.'" (} D f!~~; .. \ .~ ~;.~. - T~< '..... iJA' LD l......;;>.t:S:.G.... ~.;~ sUft~~g~qy '~ ... Southold, N.Y. 11971 (516) 765-1938 January 14, 1986 Mr. Michael Hall Attorney at Law Young's Avenue Southold, NY 11971 Re: Lot-line change Philip G. Horton Dear Mr. Hall: The following actions were taken by the Southold Town Planning Board, Monday, January 13, 1986. RESOLVED that the Southold Town Planning Board declare themselves lead agency under the State Environmental Quality Review Act for the lot-line change for Philip G. Horton located at Cutchogue. An initial determination of non-significance has been made. RESOLVED that the Southold Town Planning Board approve the lot-line change for Philip G. Horton to convey 34,100 square feet to the contiguous parcel of F. and R. Klos. The 34,100 square feet will merge to the property of Klos and not be considered a separate building lot. Property located at Main Road, Cutchogue. Survey dated as last amended December 3, 1985. If you have any questions, please don't hesitate to contact our office. Very truly yours, ~tt OrCnw~J \QY~ BENNETT ORLOWSKI, JR., CHAIRMAN SOUTH OLD TOWN PLANNING BOARD By Diane M.Schultze, Secretary Southold, N.Y. 11971 (516) 765-1938 February 7, 1986 Mr. Michael Hall Attorney at Law Youngs Avenue Southold, NY 11971 Re: Philip G. Horton Dear Mr. Hall: Enclosed is a copy of the above mentioned survey, which has been approved and endorsed by the Chairman. If you have any questions, please don't hesitate to contact our office. Very truly yours, ~~~I~ow~K~~H~~~ SOUTHOLD TOWN PLANNING BOARD By Diane M.Schultze, Secretary enc. l.. . , D T LD y Southold, N.Y. 11971 (516) 765-1938 January 13, 1986 NEGATIVE DECLARATION Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review Act and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board as lead agency for the action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION The minor subdivision of Philip G. Horton is a lot-line change located at Main Road, Cutchogue. Tax Map No. 1000- 85-3-5,6. The project has been determined not to have a significant effect on the environment for' the following reasons: An environmental assessment. has been submitted which indicated that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. The Suffolk County Health Department has not responded in the alotted time, therefore, it is assumed that there are no comments or objections from that agency. The Department of Environmental Conservation has not responded in the allotted time, therefore, it is assumed that there are no comments or objections from that agency. The project will meet all the requirements of the Code of the Town of Southold Subdivision of Land Regulations. Further information can be obtained by contacting Diane M. Schultze, Secretary Southold Town Planning Board, Main Road, Southold, New York, 11971. L ~ \~ . . Copies mailed to the following: Robert Flack, DEC Commissioner NYS, DEC at Stony Brook Suffolk County Planning Commission Suffolk County Department of Health Services Frances J. Murphy Michael Hall, esq. \ . . . . Southold, N.Y. 11971 (516) 765-1938 January 13, 1986 NEGATIVE DECLARATION Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review Act and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board as lead agency for the action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION The minor subdivision of change located at Main Road, 85-3-5,6. Philip G. Horton is a lot-line Cutchogue. Tax Map No. 1000- The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. The Suffolk County Health Department has not responded in the alotted time, therefore, it is assumed that there are no comments or objections from that agency. The Department of Environmental Conservation has not responded in the allotted time, therefore, it is assumed that there are no comments or objections from that agency. The project will meet all the requirements of the Code of the Town of Southold Subdivision of Land Regulations. Further information can be obtained by contacting Diane M. Schultze, Secretary Southold Town Planning Board, Main Road, Southold, New York, 11971. Copies mailed to the following: Robert Flack, DEC Commissioner NYS, DEC at Stony Brook Suffolk County Planning Commission Suffolk County Department of Health Services Frances J. Murphy Michael Hall, esq. COUNTY OF SUFFOLK JUN 1J 1986 ~ ~\ PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES ItJam r} SOvfh()/d TO:f~/Af1 brLed S_sOqc; ~aM1 ~ .<:;o-vfJ/1 dilL I" U Y ! / 97/ RE: lV~sB. ~ &~ DAVID HARRIS. M.D.. M.P.H. COMMISSIONER DATE: 6-6-8>6 Dear (J),,/1 -I' V'- . We are in receipt of your letter above referenced project. dated /-/~ - 'Of concerning the . l. o 2. . 3. This Department has no objection to your designation of lead agency status. Insufficient information is available for technical comments. There is no record of an application to this Department. [] A more accurate project location is needed. (Suffolk County Tax Map No.) o 4. This Department has received an application and it is: [] Complete 0 Incomplete [] Other: o 5. It appears that the project can be served by: Sewaqe Disposal System [] Sewer System and Treatment Works [] Subsurface Sewage Disposal System(s) [] Other: WWM-067 COUNTY CENTER RIVt,RHEAD. N.Y. llgOI (OVER) (516) 548-331 c-~t~\ ~\, c=J 5. (cont'd) Water Supply System (] A Public Water Supply System o Individual Water Supply System(s) o Other: . 6. Comments: The Health Department's primary environmental concern pertaining to development is that the applicant comply with the requirements of the Suffolk County Sanitary Code especially Articles V and VI, and relevant construction standards for water supply and sanitary sewage disposal. These considerations are to be reviewed completely at the time of application. Full considera- tion in placement of water supply wells and disposal systems is given to State and Town wetland requirements. The Health Depart-' ment maintains jurisdiction over final location of disposal and well systems and the applicant should not undertake to construct any water supply or disposal system without Health Department approval. Other portions of the Suffolk County Sanitary Code also apply to commercial development such as Articles VII and XII. The Lead Agency is requested to forward a copy of this form to the appli~ant W';;'1h.iP'{;.4~ '7' /J.$ ~ ~ ~ ~ ~~ #-~p~ /O/.('''~,k~O.<J ~.-&~~~ ;::J;: -aA ~~~ ~ ~ Further comment may be provided upon N... @~c~ completion of the application review. Phone 5/~J~y-r-S.5/7 / . Southold, N.Y, 11971 (516) 765-1938 January 1, 1986 Environmental Analysis Unit DEC, Building 40, Room 219 SUNY Stony Brook, NY 11794 Gentlemen: Enclosed find a completed Short Environmental Assessment Form and a copy of the map of the subdivision of Philip G. Horton and another, located at Cutchogue, tax map no. 1000- 85-3-5,6. This project is unlisted and an initial determination of nonsignificance has been made. We wish to coordinate this action ,to confirm our initial determination. May we have your views on this matter. Written comments on this project will be received at this office until January 24, 1986. We shall interpret lack of response to mean there is no objection by your agency in regard to the State Environmental Quality Review Act, and our agency will assume the status of lead agency. Very truly yours, ~~t:t Orl.QwAlLI \vcL~ BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. cc: Department of Health Services .'4-16-4 {9"'4j fl rK"fali . PROJECT 1.0. NUMBER NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DIVISION OF REGULATORY AFFAIRS PART I P J t I f State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only (Tb dbAI' P tl ro ec norms on 0 e comp ete y pp Icant or rOJect sponsor DEe 6 IOQ!: Michael Atty. I -- ,. Applicant/sponsor J. Hall for ,. Project Name Philip G. Horton & Contract Vendees Lot Line Change for Philip G. Hartl J. Project location: Main Road, Peconic Municipality Town of Southold County Suffolk .. Is P~ed action: N~ D Expansion o Modification/alteration 5. Describe project briefly: Applicant is under contract to sell the subjec): 90' wide parcel to Frank Klos, which parcel will merge with the contiguous parcel now owned by Frank Klos. -- - -- -. 6. Precise location (road intersections, prominent landmarks, etc. or provide map) 218' easterly of intersection of easterly side of Skunk Lane with southerly side of Main Road 7. Amount of land affected: + Initially acres Ultimately 3.7 - acres 6 w~roposed action comply with existing zoning or other existing land use restrictionsl Yes ~ No If No. describe briefly 9. What is present land use in vicinity of projectl D Residential D Industrial Ga Commercial D Agriculture o Parkland/open space D Other .. Describe: '" presently vacant '0 Does action involve a permit/approval, or funding, now or ultimately, from any other governmental agency (Federal, state or [ocal)r , DYes I[] No If yes, list agency(s) and permit/approvals 11. Does any aspect of the action have a currently valid permit or approvall DYes fJ No If yes, list agency name and permit/approval type 12 As result of proposed action will existing permit/approval require modjficationl o Yo> iii No . I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS rRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Michael J. Hall 0"" 11 / 1 8 / 8 5 L~/gf/ Signature: -- rHI // v/ \ If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form belore proceeding with this assessment OVER . . PART II Environmental Assessment (To be completed by Agency) . A. Does action exceed any Type I threshold in 6 NYCRR, Part 617.121 o Ve, I!I No If yes, coordinate the review process and use the FUll/LONG FORM EAF. B. Will action receive coordinated review as provided for Unlisted Actions in 6 NYCRR, Part 617.71 involved action. o Ve, iii No If No, a negative declaration may be superceded by anothe, C. Could action result in ANY adverse effects on, to, or arising from the following: (Answers may be handwritten. if legible) (1. Existing air quality, surface or groundwater quality or quantity. noise levels, existinK traffic patterns, solid waste production or disposal. potential fOf erosion drainage or flooding problems? Explain briefly: no C2. Historic, archeological. visual or aesthetic, or other natural or cultural resources; agricultural districts; or community or neighborhood characterl Explain brie; no (3. Vegetation or fauna, movement of fish or wildlife species, significant habitats, or threatened or endangered speciesl Explain briefly: no C4. ^ community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resourcesl Explain briefly. no (5. Growth, subsequent development, or related activities likely to be induced by the proposed actionl Explain briefly. no C6. Secondary, cumulative, or other effects not identified in Cl-C6? Explain briefly. no .-- (7. ^ change in use of either quantity or type of energy~ Explain briefly. no PART III Determination of Significance '(To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (Le. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ens~.1fe that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. o Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL/LONG FORM EAF and/or prepare a positive declaration. o Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any Significant adverse environmental impacts AND provide here; and on attachments as necessary, the reasons supportng this determination: Agency Name Agency Preparer's Name Prepilrer'5 SignaturefTitle Date . . Philip G. Horton Previous application for a set-off to merge with property of Klos was denied by the Board of Appeals A new application has been received for a lot-line change. 12/6/85 . DEe 6 ~ggS Southold Town Planning Board Town Hall Southold, New York 11971 Re: Lot Line Change for Philip G. Horton Gentlemen: in The following statements are off~ed for your consideration h . f th b t' d . r .L/N~a.c~ d' t t e reV1ew 0 e a eve-men lone ffilR8F S~ lV1Dl0n an 1 S referral to the Suffolk County Planning Commission: (1) No grading, other than foundation excavation for a residential building is proposed. (2) No new roads are proposed and no changes will be made in the grades of the existing roads. (3) No new drainage structures or alteration of existing structures are proposed. :;J;iw Michael J. Hall . . DEe 6 1985 APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold : The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town Planning Board, and represents and states as follows: 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to he ..... L ~ t. . L i.'~ ~. . C h. ~:'.!l ~. . f o.r . . . . . . . . . . . . . . . . . . Philip G. Horton . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested. ) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: see attached letter from Gary Flanner Olsen, Esq. Liber ........................ Page ...................... On . . . . . . . . . . . . . . . . . . . . . . . , Liber ........................ Page ...................... On . . . . . . . . . . . . . . . . . . . . . . . . Liber ........................ Page ...................... On ......................., Liber ........................ Page ...................... On . . . . . . . . . . . . . . . . . . . . . . . , Liber ........................ l~age ...................... On . . . . . . . . . . . . . . . . . . . . . . . . as devised under the Last Will and Testament of ......!U Lz.q.):>.~ ~.l) ..f!'?F.~ ?~.. .. .. .. .. or as distributee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............................................... ............................................ S. The area of the land is .... .3., .7. . . . . . . . .. acres. 6. All taxes which are liens on the land at the date hereof have been paid except ............ D/N/A ............................................................................................. 7. The land is encumbered by ...........~?ne............................................. mortgage (5) as follows: (a) Mortgage recorded in Liber .............. Page . . . . . . . . . . . . . . . . .. in original amount of $. . . . . . . . . . . . .. unpaid amount $ ..... . . . . . . . . . .. held by ...................... . . . . . . . . . . . . .. address .................. .. .................. .............. .... (b) Mortgag-e recorded in Liher ......... Pag-e ....................... in original amount of .............. unpaid amount $...... . . . . . . . . . . . . . . .. held by ...................... . . . . . . . . . . . . .. address ................. -.................................. . . (c) Mortgage recorded in Liber .............. Page................ in original amount of .............. unpaid amount $...... . . . . . . . . . . . . . . .. held by ...................... . . . . . . . . . . . . . . . . . . . . .. address ......................................................... 8. There are no other encumbrances or liens against the land except..... .I1Qn~..........,.. ....................................................................................... .. partially B-1 9. The land lies in the following zoning use dIstrIcts .....................................,. partially A-Res. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . ................................................. 10. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex~ none cept ................................................................................... 11. The applicant shall at his expense install all required public improvements. 12. The land (does) (does not) lie in a \Vater District or Water Supply District. Name of Dis. trict, if within a District, is ............... . . . . . . . . . . . . . ................................. 13. Water mains will be laid by .........D (N / A. . .. . .. .. .. . .. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. . and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by ........... P.I.J:lJ./;. . . . . .. . . . . . . . . .. . . . . . . ..................................... and (a) (no) charge will be made for installing said lines. IS. D/N/A Gas mains will be installed by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and (a) (no) charge will be made for installing said mains. 16. If streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County Higlnvay system, annex Schedule I'B" hereto. to show same. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of South old Highway system, annex Schedule "e" hereto to show same. 18. There are no existing buildings or structures on the land which are 110t located and shown on the plat. 19. \Nhere the plat shows proposed streets \\' hich arc extensions of streets on adjoining sub- division maps heretofore filed. there are 110 reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. 20, In the course of these proceedings, the applicant will (jiier proof of title as required by Sec. 335 of the Real Property Law. 21. Submit a copy of proposed deed for lots ,,!lOwirlg all restrictions, covenants, etc. Annex Schedule "D", . . 22. The applicant estimates that the cost of grading and required public improvements will he $. . . :-. ~:-. .. as itemized in Schedule HE" hereto annexed and requests that the maturity of the Performance Bond be fixed at . . -:-.0. -:. . . . . . . . years. The Performance Bond will be written by a licensed surety company unless otherwise shown on Schedule HF". DATE...... N.Qve.mb.Elr..l.8........., 19.11.'l Michael J. Hall ................................................ ::a7;.;;;~7!./~c................... . (Sig~~;{;.t~~dhitle)\~ey at Law .Yo.~n.&~. .Ay.e .'.'.. S(?~.t?~~.d.~. .Ny........... (Address) STATE OF NEW YORK, COUNTY OF........ ~.l!f.F.Q'-'.I(............... ss: On the 18th day of....... .N?v~~~e.r........... 19.. .85.. hefore me personally came ....... .~.~9P.fJ.~.~..J: ~. .IJ?L)~............... to me known to be the individual described in and who he executed the foregoing instrument, and acknowledged that. . . . . . . . . . .. executed the same. 1Ot'VdJE1H A.lADEMANN Nola.., PubIIcl.No s.. 01 N_ Yorl 04811948 9uallfled In Stlffolk County CommISSion Expirea March 30. 19~ - .ic N~~~~~A....~ STATE OF NEW YORK, COUNTY OF........ .................... ss: On the.. .. . .. .. .. .. ... day............ of .............., 19......, before me personally came . . . . . . . . . . . . . . . . . . . to me known, ,vho being by me duly sworn did de- pose and say that resides at No. ................................................... . . . . . . . . . . . . . . . . . . . . . . . . .. that .......................... is the .......... "..,......"..... of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the c(Jrporation described in and which executed the foregoing- instrument; that............ knows the seal of said corporation; that the seal affixed by order of the hoard of directors of said corporation. and that . .. signed .............. name thereto by like order. Notary Public ................................ . GARV"FLANNER OLSEN COUNSELLOR AT LAW . DEe 6 1985 P. O. BOX 706 . MAIN F<OAD . CUTCHOGUE. LONG ISLAND. NEW YORK 11935 . PHONE 516 734-7666 Dear Michael: July 31, 1985 Re: Horton to Klos Fi Ie # 3996 Please be advised that there is no Deed unto Philip Horton since he obtained title from the estate of his mother, Elizabeth Horton pursuant to her Last Will and Testament filed with the County Surrogate's Court. I think this should be sufficient to submit your application. If you need anything further, please advise. GFO: Imm Michael J. Hall, Esq. Youngs Avenue Southold, N.Y. 11971 Very truly yours, /~@~~ . . . /~/~ ~!T g/l ~~~..:&- .' DEe 6 198, w......,.. .q;t m . ~..4,U. .A( W //.9/'/. (S/o;! /'oS-/#/t7 #.9/'~,;(.. '1'.q;t ... . ~ ~. .A( ff/. //5/#. (S/o;! #J.J..!',U To Whom It May Concern: This will authorize Michael J. Hall, Esq. . to apply before the Southold Town Building Department, Zoning Board and Planning Board regarding subdivision of my property located on Main Road, Peconic, New York. /4!&~!:t25-- ~ . , rY'. v'(} . . NOV 6 1985 Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I" N.Y. 11971 TELEPHONE 15161 765,1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3392 Application Dated TO: August g, 1985 Michael J. Hall, Esq. for PHILIP G. HORTON Youngs Avenue Southold, NY 11971 as Attorney [Appellant (s)] At a Meeting of the Zoning Board of Appeals held on Qctgber 24, 198~, the above appeal was considered, and the action indicated below was taken on your Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a Request for Special Exception under the Zoning Ordinance Article , Section IX Xl Request for Variance to the Zoning Ordinance Article VI, Section 100-61 (Bulk Schedule) Article III, Section 100-31 (Bulk Schedule) [] Request for ----------+f) 8:00 p.m. PHILIP G. HORTON - Appeal No. 3392 - Variance to t~:_ ~;1 Zoning Ordinance, ArtIcle III, Section 100-31, and Article VI, Section -' 100-61, for the approval of insufficient lot area and width of parcels ~ in this proposed set-off division of land located at the South Side of ~nr Main Road, Peconic, NY; County Tax Map District 1000, Section 85, LV: Block 03, Lot 005. ~. WHEREAS, a public hearing was held and concluded on O~-t-;;-~~-- IG'; 1985, in the Matter of the Application of PHILIP G._ HQRT.QB, under iJl'-' Appeal No. 3392; and WHEREAS, the board members have personally viewed and are familiar with the premises in question and the surroundin9 area; and .', f' Yf WHEREAS, the board has considered all testimony and documentation submitted concerning this application; and it is noted for the record that there has been no public opposition; and WHEREAS, the board made the following findings of fact: 1. The property in question is located at the south side of the Main (State) Road, Peconic, New York, and is located partly in the "B-1" Zone and "A" Zone Districts, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 85, Block 3, Lot 5, containing a total area of 3.7t acres. 2. The subject premises is presently improved with a farm barn building set back approximately 90 feet from the front property line along the Main Road and is proposed to be set back from the new division line (at the east side) of 601 feet. 3. By this application, appellant requests approval of insuf- ficient frontage (lot width) along the Main Road of 90 feet of proposed "Parcel No.1" which would have an area of 34,100 sq. ft. and which would leave "Parcel No.2" with 200.20 frontage and 2.9~ acres of lot area. ~ ~-<7 ,,,J) r:Y ~' (CONTINUED ON PAG~_LWO) DATED: November 1,1985. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) - Page 2 - Appeal No. 3392 . Matter of PHILIP G. HORTON Decision Rendered October 24, 1985 . 4. Article VI, Section 100-61, and Bulk Schedule, of the Zoning Code requires a minimum of 150 feet of lot width (frontage) for parcels newly established in the "B-1" General Business Zoning Districts. 5. The relief requested by this application is a variance of 40% of the zoning requirements, which is substantial in light of the circumstances herein. 6. For the record, it is noted that at a Regular Meeting held August 26, 1985 of the Southold Town Planning Board, it was recommended that they are in favor if the 90-foot wide parcel is merged with the parcel to the East (now owned by the proposed purchaser of the land in question). In considerin9 this appeal, the board has determined that the application shall be denied for the reasons stated above and as follows: (a) the relief requested is substantial being 40% of a variance from the zoning requirements; (b) there is additional land available from proposed "Parcel 2" to increase the frontage of proposed "Parcell"; (c) the circumstances are not unique; (d) additional evidence is required to sustain the burden of proof as applied; (e) the relief as requested will not be in harmony with or promote the general purposes of zoning; (f) the interests of justice will be served by denying the relief as requested under Appeal No. 3392. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to DENY WITHOUT PREJUDICE the relief requested under Appeal No. 3392 for insufficient lot width (frontage) of 90 feet as applied in the Application of PHILJ_~~_HO~TO~. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. * * * 1 k '.-<.,:' !*,., GERARD P. GOEHRINGER, CHAIRMAN November 1, 1985 @' I @ [p W ~ . T . Southold, N.Y. 11971 (516) 765-1938 August 28, 1985 Mr. Michael Hall Attorney at Law Young's Avenue Southold, NY 11971 Re: Set-off for Philip G. Horton Dear Mr. Hall: The Southold Town Planning Board reviewed the above mentioned application at the meeting of August 26, 1985 and offer the following comments to the Board of Appeals for their review. The Planning Board is in favor of the proposal providing that the parcel to be set-off is merged with the parcel to the East. Since the set-off parcel is zoned both A and Bl, it would not be sufficient for businesses uses unless it is merged. ~efer to Section 100-22 D of the Town Code.) The Planning Board, also, requests that surveys be prepared indicating any existing structures on the site, and the square footage of the area in each zone. If you have any questions, please don't hesitate to contact our office. Very truly yours, ~ 8y~k.:...l ~d--1vo BENNETT ORLOWSKI, JR., CH~IRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary cc: Board of Appeals ~ c Southold Town Board of Appeals MAIN ROAO - STATE ROAO 25 SOUTHOLO. L.I.. N.Y. 11971 TELEPHONE (516) 765.1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CH~RLES GRIGONIS, JR. SERGE OOYEN, JR. ROBERT J. OOUGLASS JO~EPH H. SAWICKI August 13, 1985 Michael J. Hall, Esq. Youngs Avenue Southold, NY 11971 Re: Appeal No. 3392 - Philip G. Horton Dear Mike: This letter will acknowledge receipt of your recent appli- cation. The members of the Board of Appeals will be conducting field inspections and~nvironmental reviews as .1I!.ay be required by State and local laws prior to scheduling your application for a public hearing. It is requested in the interim that you proceed with the [XX] Planning Board []N. LS. D.E.C....[ 1 Town Trustees in order that they may .submit t.beir written comments or recom- mendations as early as possible. Upon teceipt of their input, your application will be scheduledJor the next.available hear ing date. If the above document(s) are submitted by September llth*, it is expected that the public hearing would be held about the latter part of September... A copy of the notice of hearings as published in the Long Island T.raveler-Watchman and the Suffolk Times will be sent to You as confirmation. Please feel free to call at any time if you have any questions. Yours verj iruly, ~ -', ,.,.:.'~ '(" :5r:' '." /\\ , . C' '.' c C : PIa n n in g Bo a r d GERARD P. GDEHRINGER .CH I.RMAN ~ B Linda KO~' *together with four copies of a survey showing any existing building(s) and its setbacks from the proposed division line. etc. . - . . Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE 15161 765.1809 APPEALS BOARD MEMBERS GERARD P. Go.EHRINGER, CHAIRMAN CHARLES GRIGo.NIS, JR. SERGE Do.YEN, JR. Ro.BERT J. Do.UGLASS Jo.SEPH H. SAWICKI August 13, 1985 Michael J. Hall, Esq. Yo.ungs Avenue So.utho.ld, NY 11971 Re: Appeal No.. 3392 - Phi 1 ip G. Harton Dear Mike: This letter will acknawl~dge receipt af yaur recent appli- catian. The members af the Baard afAppeals will be canducting fiel d i nspectians and Elnviranmental re.views as .1ll!:IY be required by State and lacal laws priarta ~~heduling yaur .~pplicatian far ~ public hearing. It is requested in the interim that yau praceed with the [XX] Planning Baard []N. Y.S. D.E.C_. .c J Tawn Trustees in arder that they may sub]l1it t.beir written camments ar recam- mendatians as early as passible. Upan receipt af their input, yaur applicatian will be scheduled far the next available hear in g da te. .- n .- If the abave dacument(s) are submitted by August 22nd*, - it is expected that the public hearing wauld be held abaut the early part af September.._ A capy af the natice af hearings as publ ished in the Lang Island JIaveler-Watchman and theSuffalk Times will be sent to. you as canfirma.tian. Please feel free to. call at any time if yau have any questians. Yaurs veri truly, cc: Pl anni ng Baard-./ GERARD P. GOEHRINGER .C~ RMAN ~~~'1~~;fs~vfc' *tagether with faur capies af a survey shawing any existing bui__lding(s) and its setbacks fram the_ prapased divisian line, etc. ..... :'(-.. ,. ~., . " I. ..'. ....-:.,.- . . All.; ~ If, ~~ It1O;J . APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town Planning Board, and represents and states as foIlows: 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be .................................................... Set-Off ~or Philip G~ Horton ................................................................................................. 3. The entire land under application is described in Schedule "AU hereto annexed. (Copy of deed suggested.) . 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: Liber ........................ Page ...................... On ........................ Liber ........................ Page ...................... On ........................ Liber ........................ Page ...................... On ........................ Liber ........................ Page Liber ........................ Page ...................... On ........................ ...................... On ........................ as devised under the Last Will and Testament of ....................................... or as distributee ........................................................................ ..............................................................................................., S. The area of the land is ......... ~ : . ~ . . . .. acres. 6. All taxes which are liens on the land at the date hereof have been paid """"PI ............ .... ............................................................................................... 7. The land is encumbered by mortgage (s) as follows: no ............................................................... (a) 1\1ortgage recorded in Liber .............. Pa~c .................. in original amount of $. . . . . " . . . . . .. unpaid amount $ ..... . . . . . . . . . . . . . . .. heM by ....................... . .. . . . . .. . . . .. address ................................................................. (b) l\fortgage recorded in Liber ......... Pag-C' ....................... in original amount of .............. unpaid amount $...................... held by ...................... . . . . . . . . . . . . ., address ................. .............................................. .' , -I. .,~. ~ ." . ..: -} " ... ~ OJ ." . . (c) :Mortgage recorded in Liber .............. Page ................ in original amount of .............. unpaid amount $............,....,.... held by ...................... ... .. . . . . .. .. . . . . . . . .. address ......................................................-.. 8. There arc no other encumbrances or liens against the land except .. .I)..q1)~..... 0:......... ....................................................................................... 9 Tl I dl' . h f 11' . d" partially B-1 . le an les 10 t e 0 OWIng .zomng use Istncts ....................................... partially A-Res. ........................................................................................ 10. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex. none cept ........ . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . . . . .. . . . . . . . . 11. The applicant shall at his expense install all required public improvements. 12. The land (-daes.) (does not) lie in a Water District or Water Supply District. Name of Dis. trict, if ,vithin a District, is .................................................... ........... . 13. Water mains will be laid by .............. J!!.~ !.~. .. .. .. .......... .. .. ................ . and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by D/N/A ......................................... ...................................... and (a) (no) charge will be made for installing said lines. D/N/A 15. Gas mains will be installed by ............................................................ and (a) (no) charge will be made for installing said mains. 16. If streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County Highway system, anncx Schcdule uB" hereto, to show same. 17. If streets show~ on the plat are claimed by the applicant to be existing public streets in the Town of Southold Highway system, annex Schedule uC" hereto to show same. ]8. Thcre are no existing buildings or structures on the land which are not locatcd nnd shown on the plat. 19. \Vherc the plat shows proposed streets which are extensions of streets on adjoining sub~ division maps heretofore filed, therc are 110 reserve strips at the end of the streets on said existing maps at their conjullctions with the proposed streets. 20. In the course of these proceediug-s, the :tpp licllIt will oiier proof of title :t~ required Ly Sec. 33j of the Real Property Law. 21. Submit a copr of proposed deed for lots showi!lg- all re-strictions, co\.en:wls. ~tc. Annex Schedule liD". . . ". ..' . ... '". " ~. j " . I , " . . . 22. The applicant estimates that the cost of grading and required public improvements will be $. . . . :-.~~.. as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at '.... :-.~:-...... years. The Performance Bond will be written by DATE a license/rety company unless otherwise shown on Schedule "F". . ...71 ~.. ..........:. .... 19.~.. .~~.c.~~.~~. .~:.. ~.':~.~ .~..., (Name of Applicant) , BY~/W................. (Sig~~~~~~'~:;/i~e) Attorney at Law Youngs Avenue ... .S.Q!l.t\l.Qlp... .!'lex. Y.or.k.. .1J..9;7.1......... (Address) STATE OF NEW YORK, COUNTY OF ........ ..~~!.~?~~.............. ss: On the . a..;s.:~........ day of... .&0r.~.............o 19.~?.., before me personally ~ame Hl.chael J. Hall k b h . d"d ld '1 d' d'h ... .. . . . . .. .. . . .. . . .. . . .. .. . . .. . . . . .. . .. .. .. to me Ono\vn to e t e In 1\'1 un eSCfl Je In an \V 0 executed the foregoing instrument, and acknowIed gcd that. . . V.e.. .. . .. executed the same. 'j:'.~' tb.t~ 1'tIIII ... 4ft,.I New,.. '" ..... lit .... c..." Cclm.~IIIlc..I"" .... 30. tell.t2 ST ATE OF NEW YORK, COUNTY OF ..... . . . . . . .. .. .. .. . . . . .. . . . {~y:J,)Z~A. .~~~~., Notary pablic . ss: On the ................ day ............ of .............., 19. . . . . .. beiore me personally came , . . . , . . . .. . . . . . . . . . . . . . . '. . to",ne known, who being by me duly sworn did de- pose and say that ............ resides at No. .................................................... " . " .. .. .. .. .. .. .. .. .. .. .. .. .. .. tha t .......................... is the .......... .................. of ........... .... ...' the corporation uescriheu in and which executed the foregoing- instrument: that .........'... kno\vs the ~eal of said <.:orporation: that the seal affixed hy order of the board of directors of said corporation. ;:tIIt! that..... . . .. . .. sig-ned .............. name thereto by like order. ........... . Notary Public................................. . .. tAus ~ 198& GARY FLANNER OLSEN COUNSELLOR AT LAW p, O. BOX 706 . MAIN FtOAO . CUTCHOGUE. LONG ISLAND. NEW YORK 11935 . PHONE 516 734-7666 July 31, 1985 Re: Horton to Klos File # 3996 Dear Michael: Please be advised that there is no Deed unto Philip Horton since he obtained title from the estate of his mother, Elizabeth Horton pursuant to her Last Will and Testament filed with the County Surrogate's Court. I think this should be sufficient to submit your application. If you need anything further, please advise. Very truly yours, GFO: Imm ~&e-~ / . . Michael J. Hall, Esq. Youngs Avenue Southold, N.Y. 11971 . 1<-1&419/841 ^ p . . :?85 NUMBER NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DIVISION OF REGULATORY AFFAIRS State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I ProJect Information (To be completed by Applicant or Project sponsor) ,. Applicant/sponsor Michael J. Hall, atty. f~12. Project Name Philin Horton & contract vendees Set-Off for Philip G. Horton at Pec 3. Project location: Main Road, Peconic Municipality Town of Southold County Suffolk 4. Is proposed action: o New o Expansion 0 Modification/alteration s. Describe project briefly: set-off of 90 foot x approximately 400' parcel 6. Precise location (road intersections, prominent landmarks, etc. or provide map) 218' easterly of intersection of easterly side of Skunk Lane with southerly side of Main Road 7. Amount of I~nd ,ffeeted: 3.7 + I T II . + or - or - Olla y acres Ultimately acres 8. Will proposed action comply with existing zoning or other existinl land use restrictions? DYes :[] No If No, describe briefly se t -0 f f may re qui re variance as to lot width 9. What is present land use in vicinity of project? o Residential o Industrial IKI Commercial o Agriculture o Parkland/open space o Other Describe: presently vacant 10, Does action involve a permit/approval, or funding, now or ultimately, from any other governmental agency (Federal, state or 10caIH DYes ,EiNo If yes, list agency(s) and permit/approvals 11. Does any aspect of the action have a currently valid permit or approval? o Yes ~ No If yes, list agency name and permit/approval type 12 As result of proposed action will existing permit/approval require modification? DYe, -I'rI No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor Michael J. Hall, Esq. July 24, 1985 name: Date: -/}//. Signature: -----~" . / I ni If the action Is In the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II Environmental A.ament (To be completed by Agenc~) . A. Does action exceed any Type I threshold in 6 NYCRR, Part 617.121 DYes y-No B. Will action receive coordinated review as provided for Unlisted Actions in 6 NYCRR, Part 617.n ~If No, a negative declaration may be superceded by another involved action. o Yes ~- No If yes, coordinate the review process and use the FULl/LONG FORM EAF. C. Could action result in ANY adverse effects on, to, or arising from the following: (Answers may be handwritten, if legible) (1. Existing air quality, surface or groundwater quality or quantity, noise levels, existinll traffic patterns, solid waste production or disposal. potential for erosion, drainage or flooding problems? Explain briefly: ND C2. Historic, archeological. visual or aesthetic, or other natural or cultural resources; agricultural districts; or community or neighborhood character? Explain briefly. ND C3. Vegetation or fauna. movement of fish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: ;/0 C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly. IYo C5. Growth. subsequent development. or related activities likely to be induced by the proposed action? Explain briefly. #u C6. Secondary, cumulative, or other effects not identified in C1-c6? Explain briefly. lVD C7. A change in use of either quantity or type of energy? Explain briefly. No PART III Determination of Significance (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ens~Jfe that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. o Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL/LONG FORM EAF and/or prepare a positive declaration. o Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action Will NOT result in any significant adverse environmental impacts AND provide here, and on attachments as necessary, the reasons supportng this determination: Agency Name ^Iency Preparer's Name Preparer's SignaturefTitle Date . . . ~/~ /%~ g- ~// .q~ .'1"'M~ AUG 2 1985 w""'?' ~ .... . .A: ~~ .A( W //.9#. ",/6;/ ?d'S-/#/& #.9? ~~, 'J- ~ .. . ~~. .A( W //s/# . ",/6;/ oU.1-J.t'.:u To Whom It May Concern. This will authorize Michael J. Hall, Esq. . to apply before the Southold Town Building Department, Zoning Board and Planning Board regarding subdivision of my property located on Main Road, Peconic, New York. L4~!:~- . . AUG '" ..IdS Southold Town Planning Board Town Hall Southold, New York 11971 Re: Property Set-Off for Philip G. Horton Gentlemen: The following statements are offered for your consideration in the review of the above-mentioned minor subdivision and its referral to the Suffolk County Planning Commission: (1) No grading, other than foundation excavation for a residential bUilding is proposed. (2) No new roads are proposed and no changes will be made in the grades of the existing roads. (3) No new drainage structures or alteration of existing structures are proposed. Yours truly, ~~1/kf Michael J. Hall Attorney ~'''-- , ~.>',....: _ il." , J_ IJI!~.. _1_ _ II _ _._ _ - - - - - - _9 . . \ N~ 16398' I d 1;1d-- ~ r?L, ./ i /:::77) c70 I . J{L-I '.uJ. -# ~i \. Jludith T. T~rry. own Clerk i B- . 't:Z/I-4!-...'/ .:;ft~L~ TOWN CLERK TOWN OF SOU'l'HOLD Suffolk County. New York 516 - 765-1801 RE Cash 0 Check -# /) /f) i :i .~.., ", TOWN CLERK Sullolk Coa~~W; OFy SOUTHOLD . ew ork 516 . 765-1801 -+ CaahO Chock .a-/J 0 oL. N~ : 17879. / , _ Soulhold N Y .-I . - 1~.'.l1 ".1 "J. !I" /.' . . .1l971iL;.-GL/i" & _ __~~~ 19_H, ," l.. t. // ' _" Xx /. - <..' // I', ] 'I 1/,,' ( ,.':, - 1/, /. ,DoRan .:, 0-"'- , ,--( [(LJ/../----o'L. / "/ Ie , '0 1/_ ;-/;::- //' l Judith T Te . rry, T OWn Clerk B)l,c/. . I. m l!) . vj , l/1 RECEl)'ED pI! ~4 ' ( .' i.J (-~' / F_--il, I. 1/ - j (, y'" G' 'r < . :;