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Home My WebLink About1000-96.-1-18/ ~..ANN;Na ~o4~D / ¥O'W~¢ OF ~OUTHOLD . 4 ',~ -~, ~ ~- · [t4 8UILDIh4G ,.ONE' L- : LIGHT INDUSTf~IAL. This is ~ c~tiCy th~ the ~ a~an~el~:,.~ f~ water WE HEEEBY C6'P_TIFy T~AT NO LOT ON THIS MAP IS_ ~5S_~MAN ~OO 5~.P~ IN A~A~4~ TNAT ~[~ MAP WA5 MA~ BY u~ F~ AC~L ~EV~5 I'2ODEF21CI4 VAN TUVI: .~EEEN P01~T~ N.Y. PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Decembe~ 10, 1991 SCOTF L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Daniel c. Ross Wickham, Wickham & Bressler, Main Road P.O. Box 1424 Mattituck, New York 11952 P,Co RE: Minor Subdivision of Jennie Harris Estate N/W side of C.R. 48, Cutchogue SCTM#1000-96-1-18 Dear Mr. Ross: The following took place at a meeting of the Southold Town Planning Board on Monday, December 9, 1991. The final public hearing, which was held at 7:30 P.M., was closed. The following resolution was adopted: WHEREAS, Jennie Harris Estate is the owner of the property known and designated as SCTM#1000-96-1-18, located at the northwest side of C.R. 48 in Cutchogue; and WHEREAS, this minor subdivision, to be known as Jennie Harris Estate, is for 2 lots on 48,453 square feet; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself Lead Agency and issued a Negative Declaration on March 27, 1990; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on December 9, 1991; and Page 2 Jennie Harris Estate WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and be it therefore, RESOLVED, that the Southold Town Planning Board approve and authorize the Chairman to endorse the final survey dated October 23, 1991. Enclosed please find a copy of the map which was endorsed by the Chairman. The mylar maps, which were also endorsed by the Chairman, must be picked up at this office and filed in the office of the County Clerk. Any plat not so filed or recorded within sixty (60) days of the date of final approval, shall become null and void. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. ~ o,~f Chairman Encl. cc: Building Department Assessors Office Zoning Board of Appeals SUFFOLK 'COUNTY CLERK'S OFFICE Edward P. Romain'¢., COUNTY CLERK PHONE: 54e-3450 ~To~rn of Southold Assessor own of Southold Planning Board Chief Deputy County Treasurer To Whom This May Concern: The Subdivision Map Was Filed, Filed Number, A}-stract Number, Township, Southold Owner: of: Map Department Forrn No. 49 Very truly yours, County Clerk THIS MINOR SUBDIVISION IS FOR D- LOTS ON LOCATED ON SCTM# 1000- q6-1- ~ ~o¢~ MINOR SUBDIVISION (NO ROAD) Complete application received , . Application reviewed at work session Applicant advised of necessary revisions Revised submission received Sketch plan approval -with conditions Lead Agency Coordination SEQRA determination Sent to Fire Commissioner Receipt of firew~ll location Notification to applicant to include on final map Sent to County Planning Commission Receii~t of County Report Review of SCPC report Draft Covenants and Restrictions received Draft Covenants and Restrictions reviewed Filed Covenants and Restrictions received Receipt of mylars and paper prints with Health approval Final Public Hearing Approval'of subdivision -with conditions Endorsement of subdivision WILLIAM WICKHAM ERIC ~1 BRESSLER ABI(~AI L A. WICKHAM DANIEL C ROSS KAREN d HAGEN HUBERT F SULLIVAN LAW OFFICES WICKHAM, WICKHAH & BRESSLER, p.e. MAIN ROAD, P.O. BOX 14~4 MATTITUCK, LONG ISLAND NEW YORK Ii952 516-~98-8353 TELEFAX NO. 516-298-8565 t4ORTGAG E OFFICE Southold Town Planning Board Town Hall Main Road Southold, New York 11971 July 24, 1989 Re: Application for Minor Subdivision for the Estate of Jennie Harris Gentlemen: Enclosed are the following in connection with the above application: 1. Check in the amount of $2,000.00 representing the application fee. 2. Six (6) prints of the map. 3. Application for Approval of Plat, in duplicate. 4. Letter to Planning Board for consideration. 5. Short Environmental Assessment form. 6. Copies of Deed. 7. Copy of Board of Appeals approval. If there is anything further needed, please contact us. Very truly yours, Karen J. Hagen KJH: jaw Enc. 14-16-4 PART I JPROJECT I.D. NUMBER NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION I · DIVISION OF REGULATORY AFFAIRS State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNMSTED ACTIONS Only Project Infomtatlon (To be completed by Applicant or Project sponsor) ~7~3 I 2 ~ 1. Ap~licahtJspoflsor J 2. Project Name Robert Taylor, Executor IMinor Subdivision for Jennie Harr'is Estate 3. Project location: Municipality Cutchogue c~,W Suffolk 4. Is pfooosed Ictiom S. Descxi~ pmj~tb,ief~ The applicant seeks to subdivide a lot containing two (2) hpuse.s into two (2) lots, each containing one (1) house. One lot will have an area of 24,502 squar~ feet, and the other will have an area of 24,951 sqaure 'feet. 6. Preciselocati~(ro~dinter',ections. pmminefl(landma~s, elc.~-pmvidemap) North side of Middle Road (County Route 48), approximately 918 feet southwest of the intersection of Cox's Lane, and Middle Road. ~ Yes ~ ~ IfNo.~ The project requires a variance from the Board of Appeals for insufficient area, lot width, and front yard· The property is bounded on'~he northwest and west by the Southold Town Dump. ~ Y~ ~ NO If ~. Iht a~s) a~ ~app~als Suffolk CounCy Depar~menC of Hee~h Services, Sou~hold To.n 8oard of Appeals I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OE MY KNOWLEDCE L 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 APP TION FOR APPROVAL OF To the Planning Board of the Town of Southold: 1989 'rile undersigned applicant hereby applies for (tentative) (final) approval of a ~,u, bdlvisiOn 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 oi 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 applicat~n.) 2. The name o[ the subdivision is to be M.iqo. r..Subd, ivlsion for Jennie Harris Estate 3. The ent/se 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: Liber .3.1+.~ .. .. .. Page ....... .~.~8. ...... .... . On ..... l [.8./.~3 ...........- Liber Page ...... On .............. ..... . · Liber Page On ........ ... .. ; Liber. ........... ..... . .. ' .... Page .................... . . On ........................ Liber................... .... . Page ............... ... .. .. On ................. . .. .. . . : as devised under the Last Will and Testament of ........................................ or asdistributee ............................................. .. ...... .... ........ . . .. .. . 5. The area of the land is ~.9.,.~.5.3..s.q....f.t.. acres. 6. All taxes which are liens on the land at the date hereof have been paicLu~t~pe .......... 7. The land is encumbered by. ............... N..o ............................................. mortgage (s).as follows: (a) Mortgage recorded in Liber ............ Page .................... in original amount of $ ................ unpaid amount $ ................ held by .......................... .......................... address ...... ;..., ........................................ .. . (b) lXIortgage recorded in Liber,. ........... Page .................... 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~ag .............. . .......... 9. The land lies in the following zoning use districts .... g~g¢~.i~n~JatZg~tcgl.~ur~l ...... 10. No part Of the la'nd ~ie~ under water whether tide water, stream, pond xvater or otherwise, 11. The applicant shall at his expense install all required public improvements. 12. The land (does) (~som~ lie in a Water District or Water Supply District. Name of Dis- trict ii within · District is. .. ~/.i ll~cje o£. 6~een4~or.t............ ........... .. · -.. · · 13. Water mains will be laid by ..... R/'.,~ ................................................... and (a) (no) charge will be made for installi~g said mains. 14. Electric lines and standards will be installed by ...... .g/.A ........................ : ...... ..................................... and (a) (no) charge will be made for installing said lines. 15. Gas mains will be installed by ..... ~I/A.. ~ .............................................. ':." ~nd (a) (no) charge will be made for installing said mains. 16. I[ streets shown on the plat are claimed by th.e appli,c, an,,t to be existing public streets in the ~uffolk County Highway system, annex' Sdhcdule B hereto, to show same. Middle Road (County Route 48) is maintained by the Cbunty of Suffolk. 17. If streets sho~vn on the plat are claimed by the applicant to be existing public streets in the Town of $outhold Itighwa¥ system, annex Schedule "C" hereto to show same. 18. There are no existing buildiugs or structnres ou the land which are not located ami shown on the plat. 19. Where the plat shows proposed streets which are exten~ious o[ streets oa ad.ioiuing sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions with thc proposed streets. 20. In the course of these proceedings, the applic:t.t will of~'~.r proed of title as required by Sec. ,133 of thc Real Property Law. 21. Submit a copy of proposed deed for lots showing ail restrictions, covenants, ~tc. Annex Schedule "D". 22. The applicant estimates that the cost of grading' and required public improvcments will be $ .......... as itemized in Schedule "E' hereto annexed and requests that the maturity of thc Performance Bond be fixed at .............. years. The Performance Bond will be xvritten by a licensed surety company unless othe.rxvise shoxvn on Schedule "F". DATE ......................... , 1 .Robert Tv~.y or, ~V~r. of.~e~r~i.e. Haz. r. ls Estat (Name o[ Applicant) ~ .............. .... P.O. Box 462, Cutchoque, New .Yp. rk. (Address) O - /'/~)J~ da"' of ., .[.z~... ......... 19 .~'..~.. before ne personally came n t~e ...... ~/.~ ~ ...... ~ .... ~ ............. · .o who executed the foreffoinff instrument, and acknowledffed that .. ~ ...... executed tile .same. KAREN J STREI~ Public, State of N~ No. 4927029 Notary Publi~/ ~ STATE OF NEW YORK COUNTY OF ................ ss: On the ................ day ............ of ............... 19 ....... before me personally came ....................... t0"h~e known, who be ng by me duly sworn did de- pose and say that ............ resides at No ..................................................... ................................. that .......................... is the .......... thc corporation described in and wblch executcd thc forcgoin~ instrument; that ............ knows thc seal of said corporation; that the seal affixed by order of the board of directors of said corporation. a.,I ds:st ............ signed .............. name thereto by like order. Notary Public SE]:' i2.:' 'Fo the Planning Board of the Town o! Southold: The undersigned applicant hereby applies [or (tentative) (iinai) 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 o! record o[ the land under appllcation. (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 o! the subdivision is to be . Minor Subdivision for Jennie Harris Estate 3. The entire land under application is described in Schedule 'A" hereto annexed. (Copy of deed suggested.) 4. The land is h_eld by the applicant under deeds recorded in Suffolk County Clerk's office as t.ibe ..... .............. Page ....... ........... On ..... l ............ ; On Liber . Page ............... Lroe~.. ................... . . . Page ............... . ... .. . On ..................... . - . Lroer ....................... . . ~. Page ................... · · · On - ..................... · -; Liber Page ..... On .................. as devised under the Last Will and Testament of ........................................ or as distributee ...................................... S. The area of the land is ~.~.?.q:.[~.' acres. 6. All taxes which are liens on the land at the date hereof have been paid.~m~t .......... · 7. The land is encumbered by ............ No .................. mortgage (s)-as follows: (a) Mortgage recorded in Liber ............ Page ........ ... . .... .... in original amount of $ unpaid amount $ held by ........ · . . address .... ~ ........................................... (b) tg ....... igi Mot age recorded in Liber~ ~ ........ Page ................ in or nal amonnt o£ $ ........... ; ....unpaid amount $.. .............. held by ........................... '' ~ddress ............ (c) ~tortgage recorded in Libor .............. Page ................ in original amount unpaid amount $ ' ...................... held by ..................... ..................... address ......................................................... 8. There are no other encumbrances or liens against the land~e~e.~k .............. . .......... 9. The land lies in the following zoning use districts ... A~Be~.i~otJat/A&r.~cu.l.tur~L ..... 10..~o part bf the la-nd lie~ under water whether tide water, stream, pond water or other,vise, ax- 11. The applicant shall at his expense install all required public improvements. 12. The land (does) (dn~nnl4 lie in a Water District or Water Supply District. Name of Dis- ttict, i~ within a District, is .......Y. L I I,~ge. of..Gs:ee, r~poct ............................... 13. will be laid by I~/.6 " ' mains ............................... Water ..................... ' and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by ...... ~A ........................ : ...... ..................................... and (a) (no) charge will be made for installing said lines. 15. Gas mains will be installed by ..... tL/A,. ~ ................................................ and (a) (no) charge will be made for installiug said mains. 16. I[ streets sho~vn on the plat arc claimed by th.e applicant to be existing public streets in the Suffolk County High~v. ay system, annc.x' S~cdule "B" hereto, to show same. t41ddle Road (County Route /48') is maintained by the COunty of Suffolk· 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 "C' hereto to show same. 18. There are no existing buildings or structures ou the land which are not located and shown on the plat. 19. Where tho plat shows proposed streets which are exteusions uf streets on adjoining sub- division maps heretofore filed, there are no reserve strips at tile end o! the streets on said existing maps at their conjunctions with the proposed streets. 20. In tile course o! these proceedluk's, the appllca.t will ~iicr proof o[ title as required by Sec. ,13.~ of the Real Property Law. 21. Submit a copy of proposed deed for lots showing all restrictions, covensuts, ~tc. Annex Schedule "D'. 22. The applicant estimates that the cost of gradiug 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 a licensed surety company unless otheDvise shown on Schedule "F'. DATE ........... .. '~'.?'; ................... [~ ., 19~ .Rg~ert T~y.lnc,.~qug~c.oL~en~ H~.~is Estat: (Name o{ Applicant) (Signature and Title) ~ .... . .~: 9:. ~. ~.~. f~eg~ ,. ~. Yp.c~ ....... (Address) STATE OF NEW YORK. COUNTY OF ................... ss: On the .... ~ ..... day of ........,,....~' ...... 19. , before me personally came ....~..~,~.~..~....~.~.l .~.. ............... 'o me ,no,,', to be the individual described in and executed the {oregolng instrument, and acknowledged that . .(4~. ...... executed the same. fi'o'~., v'.'idi"~ ...... ""'~' .............. . STATE OF NEW YORK COUNTY OF ............ On the ................ day ............ of ............... 19 ....... before me personally came ........................ '.. t0"h~e known, who being by mc dui)- sworn did de- pose and say that resides at No ............ ................................. that .......................... is the ........ .. the corporation described in and which executed the foregolug instrument; that ............ knows thc seal of said corporation; that the seal affixed hy order of the board of directors of said corporation. a.d fl.~t ......... ... signed ......... ... . . name thereto by llke order. Notary Public 1989 Southold Town Planning Board Town Hall $outhold, New York 11971 Re: Minor Subdivision for Jennie Harris Estate Suffolk County Tax Map #1000-096-1-18.1 Gentlemen The following s~a~ements 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, Estate of Jennie Harris 9 !'~J ....... = .............. : TOWN OF SOUTHOE iNSTRgC~ION~: ..... *L- ..~i~s in ~his shor~ EAF it zs assumed O In order to gfl~'t~l bll~ q ...... . , . ~( ] .... ' --=~ble information concerning ~ne that the preparer W~AA use. curren~Ay project and the likely impac%s of the action. I~ is no~ expected %ha% additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may 5e significant and a completed Environmental Assessmen% Form is necessary. (c) I~ all ques%ions have been answered No it is likely ~hat ~his project is not s[gnificon%. Environmental Assessment (d) I. Will pro3ec[ result in a large physical change [o the pro3ec[ site or physically ol~er more Yes ~ No than 10 acres of land? ........................ .... 2. Will %here be a major change Jo any unique or .unusual land form found on the site? .......... ..Yes__No 3. Will projec~ al%er or have o large e~fec%' on ~ existing body o~ water? ............. 4. Will project have o po%en[i~lly large impact on groundwa{er quality? ........ Yes x 5. Will projec% significan[ly e~fec[ drolnoge flow on adjacen~ sites? .............. ~ ......... Yes x 6. Will projec~ af~ec~ any threatened or endangered plant or animal species? ........... Yes X 7 Will project result in o major adverse e~fec% · .. Yes x No on air quality? ............................. 8. Will project hove o major effec% on visual character o~ %he communi%y or scenic views or vistas Enown {o~be impor%on~ [o ~he communi%y?~ Yes X 9. Will project adversely impact any site or s[ruc%ure of historic, prehistoric or paleontological importance or any site designated os o cfi[ica! envlronmen%ol oreo 1 y? .......... by o loco ogenc ................ '""';"~" ..... Yes X 10. Will project hove o major effec~ on existing or future recreo%ionol opportunities? ......... __Yes X No ll. Will project result in .major traffic problems or cause o major e~fec[ to existing ~onspor[o[ion sys{ems? ....................... Yes X 12. Will project regularly cause objectionable odors, noise, glare, vibration, or elec~ricoI disturbance os o result of %he project's opero~ion? ........ * Yes X No or .safe{y?... · Yes K,,No directly causing a growth in permanent population o~ more than 5 perceo% over a one year period or have a major negative e~fec% on the character of the community or neighborhood? ................................. ' the 15. [s [here public controversy comcernxng project? ...................................... PREPARER'S S1[GNATUREx: ~'O~~ REPRESEHTING Executor, Jennie Harris Esta~ Yes, X, ,,No Yes_ X No Fifty-two a~ CORA ~. SIBL~, all resld~g at Cutchogue, Suffolk Cowry, New York, and ~NRY p. WICK}~, residUE a: Wolver ~ollow Road, Upper Brookville, New York, part les o]' the lirst part, arid NATHAN HARRIS and JENNIE H;-RRIS, his Wife, as Tenants by the Entirety, residing at Cutchogue, Suffolk County, New York, ~, that the part tes o£ the first part, in consideration One and 00/100 ................................................ Dolla~O~f~,~ "(8 1.00 J lauful ~one~ o/the United States, and other good and Valuable considerations paid b~ the part les o/t/~e second part, do t~ereby ~rant and release unto the part les of the Second part, or the sar. parties and his or her distributees river of such/ and a~sf~s £orsvsr, a~! that tract or parcel of land situated at Cutchogue, Southold Town, Suffolk County, New York, hOunded: and described as follows: BEGINNING at a point at a concrete monument set on the northerly aide of the Middle Road, the southmesterly corner of land herein des- cribed adjoining land of Szawinskl; running thence in a northerly -- ~dlraCtion along said land of Szawinskl 240 feet, more or less, to a t and other ~~.~.r~n~.:~h~n~,~{~_~.._._~_~- ion alOhg said land of Szawlnski 200 feet to Other land of the of the first part; running thence southerly along said land of parties of tho first part 240 feet, more or less, to the northerlyI ~lne of the Middle Road; running thence ia a westerly direction along '!~ northerly line of the Middle Road 200 feet to the monument or Point · beginning. Southold Town Board of Appeals FAX NO. (516} 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRIRGER, CHAIRMAN CHARLES GRIGONIS, .tR. SERGE DOYEN, JR. JOSEPH H. SA~/ICKI JAMES DINIZIO, JR. ~CTION OF T~E BOARD OF APPEALS Upon application for jENNIE HARRIS for Variances to the Zoning Ordinance, Article XIV, Section 100-142 (Article III, Section 100-31 as Disapproved) for approval of insufficient lot area and width of two proposed parcels, each with an existing dwelling. Zone District: Light Industrial (LI). Property location: North Side of C.R. 48, Cutchogue, NY; County Tax Map District 1000, Section 96, Block 1, Lot 18.1 (18). WHEREAS, a public was held and concluded on June 29, 1989 in the Matter of the Application of the ESTATE OF JENNIE HARRIS under Appeal No. 3840; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and .are familiar with the premises in question, its present zoning and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: 1. The subject premises is a described parcel containing a total area of 49,453 sq. ft. with 200 ft. frontage along the north side of County Road 48 in the Hamlet of Cutchogue, Town of Southold, is identified on the suffolk County Tax Maps as District 1000, Section 96, Block 1, Lot 18.1, and is improved with two dwellings. 2. By this application, appellant requests Variances under Article XIV, Section 100-142, Bulk Schedule of the Zoning code for approval of two lots, as proposed: (a) Lot #1 consisting of 24,502 sq. ft.; and (b) Lot #2 consisting of 24,951 sq. ft., each with an existing single-family dwelling with setbacks as shown on the October 25, 1988 subdivision map made by Roderick VanTuyl, P.C. Page 2 - Appeal No. 3840 Matter of ESTATE OF jENNIE HARRIS Decision Rendered June 29, 1989 3. A~!~le XIV, Section 100-142 and Bulk schedule, of the Zoning code for this requires a minimum lot area of 40,000 sq. ft. for each newly established parcel in this Light Industry [LI) Zone District. 4. In considering this application, the Board finds and determineS: Ia) that the circumstances of this application are uniquely related to the premises; (b) that the relief requested is not unreasonable in light of the circumstances; (c) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (d) that although the relief requested is substantial in relation to the requirementS, the grant of the variance will not create any increase in density since the lots are improved with residences; (e) that there is no other method feasible for appellants to pursue other than a variance; (f) that in considering all of the above, the interests of justice will be served by granting the variance, as applied. AccORDINGLY, on motion by Mr. Dinizio, seconded by Mr. Sawicki, it was RESOLVED, to GRANT the relief as requested under Appeal No. 3840 in the Matter of the Application - ESTATE OF jENNIE HARRIS, as applied. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Sawicki and Dinizio. This resolution was duly adopted. ik GERARD P. qPLANNING BOARD 2 DEC1 ER 9, 1991 PUBLIC HEARINGS: Subdivisions - Finals: Mr. Orlowski: Jennie Harris Estate - This minor subdivision is for two lots on 48,453 square feet located on the northwest side of County Road 48; 918 feet southwest of Cox Lane in Cutchogue. SCTM $ 1000-96-1-18. We have proof of publication in both local papers and at this time everything is in order for a final hearing. I'll ask if there are any objections to this subdivision? Hearing none, are there any endorsements of this subdivision? Hearing none, is there anyone out there neither pro nor con but may have information pertaining to this subdivision that may be of interest to the Board? Mr. Dan Ross: I represent the Jennie Harris application and am in support of it. I believe we have met all of the Board's requests and requirements. I know there were some misgivings with respect to this subdivision early on, the fact that the subdivision will allow the Taylor family and the five children to live in the house and own the house and on behalf of the Taylor family, we wish to thank the Board and request that the application be granted. Mr. Orlowski: O.K., any other comments? Hearing none, any questions from the Board? Board: No questions. Mr. Orlowski: Being there are no further questions, I'll declare this hearing closed. Does the Board have any pleasure? Mr. McDonald: I would like to offer the following resolution. WHEREAS, Jennie Harris Estate is the owner of the property known and designated as SCTM # 1000-96-1-18, located at the northwest side of C. R. 48 in Cutchogue; and WHEREAS, this minor subdivision, to be known as Jennie Harris Estate, is for two lots on 48,453 square feet; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself Lead Agency and issued a Negative Declaration on March 27, 1990; and WHEREAS, a final public hearing was closed on said subdivision amendment application at the Town Hall, Southold, New York on December 9, 1991; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and be it therefore, ~LANNING BOARD 3 DECkeR 9, 1991 RESOLVED, that the Southold Town Planning Board approve and authorize the Chairman to endorse the final survey dated October 23, 1991. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Orlowski, Mr. McDonald, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? So ordered.(Chairman endorsed maps) Mr. Orlowski: ACMT Corporation - This proposal is to set-off a 80,000 square foot parcel from an existing 47.0520 acre parcel located on the northwest side of Oregon Road in Cutchogue. SCTM ~ 1000-95-1-3. We have proof of publication in both the local papers and at this time everything is in order for a public hearing. I'll ask if there are any objections to this subdivision? Hearing none, are there any endorsements of this subdivision? Hearing none, is anyone out there neither pro nor con but may have information pertaining to this subdivision that may be of interest to the Board? Hearing none, any questions from the Board? Board: No questions. Mr. Orlowski: Being there are no questions, I will declare this hearing closed. Does the Board have pleasure. Mr. Ward: Mr. Chairman, I would like to offer the following resolution. WHEREAS, ACMT Equities Inc. is the owner of the property known and designated as SCTM % 1000-95-1-3, located at Oregon Road in Mattituck, and ' WHEREAS, this set-off, to be known as ACMT Corp., is to set-off a 1.8365 acre parcel from a 47.052 acre parcel, and; WHEREAS, the Southold.Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself Lead Agency and issued a Negative Declaration on November 18, 1991; and WHEREAS, a final public hearing was closed on said subdivision amendment application at the Town Hall, Southold, New York on December 9, 1991; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGALS NOTICE Notice of Public Hearing COUNTYOFSUFFOLK STATE OF NEW YORK NOTICE IS HEREBY GIV EN that pursuant to Section 276 of the Town Law, a public hear- ing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town on the 9th day of December 1991 on the question of the following: 7:30 P.M. Final approval for the minor subdivision for Jen- nie Harris Estate at Cutchogue, in the Town of Southold, Coun- ty of Suffolk and the State of New York. Su(folk County Tax Map Number 1000-96-1-18. The property is bordered on the northwest by land now or formerly of the Town of Southold; on the northeast by land now or formerly of A. Junge, Inc.; on the southeast by Middle Road C.R. 48; on the southwest by land now or formerly of the Town of Southold. 7:35 P.M. Final approval for this set-off for ACMT Corpora- tion at the Town of Southold, County of Suffolk and the State of New York. Suffolk County Tax Map Number 1000-95-1~3. The property is bordered on the northeast by land now or formerly of Soundview Acres; on the southeast by Oregon Road (North Road); on the southwest by land now or formerly of Rose H. Baer; on the northwest by the Long Island Sound. 7:40 P.M. Final approval for this set-off of A.P. Sepenoski at the Town of Southold, County of Suffolk and the State of New York. Suffolk County ~ax Map Number 1000-31-1-5.2. The property is bordered on the north by Lot 24, Lot 26 and the open space area of East Marion Woods; on the east by Rocky Point Road; on the south by Main Road State Road 25 and land now or formerly of Brown; on the west by land now or formerly of Brown, and by land now or formerly of Lacy. Any person desiring to be heard on the above matter should appear at the time and place above specified. Dated: November 25, 1991. BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Bennett Orlowski, Jr. Chairman 1X-11/28/91(72) Patricia Wood,' being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, hhs heen .pul)lished il'~ said I_ong Islantl 'l'ravelcr-Watclm~an oncccach week for ....................... ./... weeks successively, commencing on the .......... ;? '/7 .%1 ...... (.Lay o1'. November 1991 ~ Sworn to be£orc mc Ihis .. .......... il ........ (la'), oi" November 991 ? Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIO, St:to ol New York No. 4806846 Qualified in Suffolk Cot~ntyt Commisso Expires ~/3t,,et2 LEGAL NOTICE Law, a public hear~g will be held by question of the following: 3, southwest by l~nd now or formerly of of Brown, and by land now or for- time and place specified. STATE OF NEW YORK~ COUNTY OF SUFFOLK) said County, bolng duly sworn, says that he/she Is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattltuck, In the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for / weeks successively, commencing on the ~,~ day of t9 ¢/ Sworn to before m~ this day of ,~ ~ ~'~ Principal Clerk tg ¢/ PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 19, 1991 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Helen Berdinka Wickham, Wickham & Bressler Main Road P.O. Box 1424 Mattituck, New York 11952 RE: Jennie Harris Estate SCTM# 1000-96-1-18 Dear Ms. Berdinka: The following resolution was adopted by the Southold Town Planning Board at a meeting held on November 18, 1991: BE IT RESOLVED that the Southold Town Planning Board set Monday, December 9, 1991, at 7:30 P.M. for a final public hearing on the maps dated October 23, 1991. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr.~ ~ Chairman SUBMISSION WITHOUT COVER LETTER SENDER: ~/l'C~i,~C~'m SUBJECT: ~ ~ ~%,~__ SCTM#: IOPO - ~- COMMENTS: WICKHAM, WICKHAM & BRESSLER, October 25, 1991 Suffolk County Department of Health Services Bureau of Wastewater Management Suffolk County Center Riverhead, New York 11901 Attn: Pete Akris Re: Your File 89-059 Estate of Jennie Harris Dear Mr. Akris: Pursuant to our recent discussion, attached are 2 mylar and 8 paper prints of the above cited map. The sketch approval of the Southold Town Planning Board expires on November 13, 1991. Accordingly, please have the Department of Health approval endorsed on the maps and contact our office when the maps are ready to be picked up. Thank you for your help on this matter. KJH:mjb Enc. CC: Southold Town Planning Board Very truly yours, Karen J. Hagen PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 13, 1991 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York ! 1971 Fax (516) 765-1823 Karen J. Hagen Wickham, Wickham & Bressler, P.C. P.O. Box 1424 Main Road Mattituck, New York 11952 RE: Minor Subdivision of Jennie Harris Estate N/W Side of C.R. 48, Cutchogue SCTM~ 1000-96-1-18 Dear Ms. Hagen: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, August 12, 1991. BE IT RESOLVED that the Southold Town Planning Board grant a three month extension of sketch approval from August 13, 1991 to November 13, 1991. This additional extension has been granted in response to your request for additional time for your client to complete the paper work for, and to obtain the necessary approvals from the Health Department. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jrf Chairman LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.C. MAIN ROAD. P.O. BOX 14~4 MATT~TUCK, LONG ISLAND NEW YORK 1~952 516-298-8353 TELEX-AX NO, 516-298-8565 MORTGAGE OFFICE 5i6-298-5300 TELEFAX NO 516-298-~0t~ July 29, 1991 Southold Town Planning Board Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Minor subdivision for Jennie Harris's Estate SCTM #1000-96-1-18 Gentlemen: The sketch plan approval on this minor subdivision is scheduled to expire on August 13, 1991. The Health Department variance hearing took place on May 16, 1991, and the decision approving the variance was received in late June. I have been advised by Pete Akras of the Health Department that the maps will be stamped upon approval and recording of Private Well Covenants, a fairly new requirement. These covenants have been prepared and will be submitted to the Health Department upon receipt of a copy of the death certificate of Nathan Harris (so that we may obtain a clear title certification to the County.) We respectfully request an extension at the Board's discretion to obtain the Final Health Department approval. I believe that three months will suffice. Thank you for your continued cooperation on this matter. Very truly yours, Karen J. -Hagen KJH:atm JUL 3 t 199 DEPARTMENT OF HEALTH SERVICES June 13, 1991 C~JNTY OF SUFFOLK PATRICK G. HALP~N SUFFOLK COUNTY EXECUTIVE DAVID HARRIS, M.D_ M.P.H. Mr. Robert Taylor, Executor Jennie Harris Estate P. O. Box 462 Cutchogue, New York 11935 Dear Mr. Taylor: Subject: Board of Review Hearing - May 16, 1991 Proposed Subdivision of Harris Estate #89-059, (T) Southold; SCTM 1000-96-1-18. At thc hearing on May 16, 1991, you had an opportunity to presem your appeal of the dcpa~hnent's ruling on the subject application. . Based on the following information and in accordance with the provisions of Article 2, Section 760-220, of the Suffolk County Sanitary Code, the determination of the Board of Review is as follows: S tementofPr lem Parcels served by individual wells and sewage systems in Groundwater Management Zone IV must have a minimum lot area of 40,000 square feet or equivalent yield in accordance with A~ele 6, Section 760-606, paragraphs l.e and 3.a, of the Suffolk County Sanitary Code. The applicant is proposing lot sizes less than 40,000 square feet. 1. Proposed development of a 49,453 square foot parcel into two lots of 24,502 square feet and 24,951 square feet, both with existing dwellings. 2. Site is in Groundwater Management Zone IV. 3. Homes were constructed between 1957 and 1962. Town certificate of occupancy issued. Subdivision is requested to settle an estate. JL'?! I 9 i991 Mr. Robert Taylor, Executor Page 2 Subject: Board of Review Hearing - May 16, 1991 Proposed Subdivision of Harris Estate #89-059, (T) Southold; SCTM 1000-96-1-18. leindinms and Facts (cont'dl 4. Public water is not available. Nearest public water main is approximately 3 miles from site. Test well data for a 99-foot well with a static water level of 48 feet indicate nitrates levels at 7.3 mg/1 and chlorides at 113 mg]l. 5. Average lot size is 24,727 square feet. 6. Proposal is 62% of depasiment standards. 7. Property is adjacent to the Southold Town landfill. Wells are located as far from the landf'fll as possible. Determination The Board granted the request for a variance. Article 6 is intended to protect groundwater quality by establishing limits on density. Approval of the requested variance should not have any substantial adverse effect on water quality. The granting of this waiver does not imply that your application will be automatically approvd. It is your responsibility to ensu~ that your application is coii~,lete; otherwise, your approval will be subject to unnecessary delay. Very truly yours, Dennis Moran, P.E. Chairman, Board of Review DM/lst CC Mr. Walter G. Lindley Ms. Susan D. Windesheim Mr. Frank Dowling, Sr. Planner Ms. Karen $. Hagen, Esq. ~ Wickham, Wickharn & Bressler, P.C. P. O. Box 1424, Mattituck, NY 11952 Town of Southold Planning Board DEPARTMENT OF HEALTH SERVICES COUNTY OF SUFFOLK PATRICK G. HALPIN EUFFOLK COUNTY EXECUTIVE DAV}D HARRIS, M.D.. M.P,H. May 2, 1991 Mr. Robert Taylor, Executor Jennie Harris Estate P. O. Box 462 Cutchogue, New York 11935 RE: Proposed Subdivision of Harris Estate (SCTM 1000-96-1-18) #89-059, (T) Southold Dear Mr. Taylor: Your request to appear before the Board of Review of the Suffolk County Department of Health Services has been received. The review of this case has been scheduled for May 16, 1991, at 10:00 a.m., in the Suffolk County Department of Health Services Conference Room, County Center, Room S-238, Riverhead. You and interested parties are requested to appear, with or without counsel, and you may produce any information or evidence concerning the above referenced property. Should you have any questions, please call Walter G. Lindley at 516-548-3312. Very truly yours, Dennis Moran, P.E. Chairman Board of Review DM:cah CC: Mr. James L. Corbin Mr. Richard Meyer Mr. Walter G. Lindley Ms. Susan D. Windesheim Mr. Frank Dowling, Sr. Planner Ms. Karen J. Hagen, Esq. Town of Southold Planning Board PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCO'IT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 March 6, 1991 Karen J. Hagen Wickham, Wickham & Bressler Main Road P.O. Box 1424 Mattituck, New York 11952 RE: Jennie Harris Estate SCTM# 1000-96-1-18 Dear Ms. Hagen: The Planning Board reviewed your letter of February 20, 1991, in reference to a future extension for the above mentioned application. At this time, the Planning Board is not in favor of amending their February 5, 1991 letter. If an extension is still necessary when the expiration date approaches, re-submit your request, along with the reasons why the request is being made, and the Planning Board will reconsider it. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr.~/ Chairman ~. WICKHAM, WICKHAM & BRESSLER, P.C. MAIN ROAO. P.O. BOX 14~.4 I~ATT[TUCK. LONG ISLAND NEW YORK H952 516-298-$353 TELEFAX NO. 5~6-E98-8565 February 20, 1991 MORTGAGE OFFICE Southold Town Planning Board Town Hall, 53095 Main Road P. O. Box 1179 Southold, N.Y. 11971 Re: Jennie Harris Estate SCTM #1000-96-1-18 Gentlemen: This letter is in response to the Board's February 5, 1991 letter regarding the six month extension, wherein it is stated that this is to be the last extension. Please be advised that this final extension may be difficult, if not impossible to meet. The Article 78 action was necessary in order to preserve our client's rights. Once the Article 78 action was settled, our clients were required by the Suffolk County Department of Health Services to have a test well drilled. The test well was only recently drilled, due, in large part, to the additional and unexpected expense in connection with the Article 78. The test well has been tested, and I understand that the test results meet the County's requirements. H~v~ a Board of Review hearing is required, as the lots are undergo square feet each. The request for a hearing date will be complete upon the Board of Review's receipt of the test well results and updated maps showing the well location. These items are expected within the next week or so, It is my understanding that the variance hearing will take from four to six months to be scheduled with the Board of Review once it has the above mentioned information. As a result, it is possible, in spite of our best efforts, that the Health Department approval will not be obtained by August 13, 1991. Continued . . FEB 2 1 1991 Southold Town Planning Board Re Jennie Harris Estate Page 2 February 20, 1991 Please consider amending the February 5, 1991 letter to allow for a subsequent extension should the need arise. The applicant has paid a $2,000.00 application fee to the Planning Board, and in light of the history of this minor subdivision, it seems particularly onerous to require them to begin the process from "Square One". Thank you for your consideration. Very truly yours, Karen J. Hagen KJH:abm 1 991 PLANNING BOARD MEMBERS Bennett Orlowski, .Ir., Chairman George Ritchie Latharn, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF $OUTHOLD SCOFF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 February 5, 1991 Daniel C. Ross Wickham, Wickham & Bressler, P.C. Main Road P.O. Box 1424 Mattituck, New York 11952 RE: Jennie Harris Estates SCTM# 1000-96-1-18 Dear Mr. Ross: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, February 4, 1991. BE IT RESOLVED that the Southold Town Planning Board grant a six month extension of sketch approval from February 13, 1991 to August 13, 1991. This is the last extension that the Planning Board will be granting. Please contact this office if you have any questions regarding the above. Very truly yours, / ,~ Bennett Orlowski, Jr. /~q Chairman L~W OFFICES WICKHAM, WICKHAM & BRESSLER, P.C. MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 516-298-8353 MORTGAGE OFFICE 516-298-5300 TeLEFAX NO 516-298-2012 January 16, 1991 Southold Town Planning Board Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Minor Subdivision of Jennie Harris Estate SCTM # 1000-96-1-18 Gentlemen: The sketch plan approved on this minor subdivision is scheduled to expire on February 13, 1991. We respectfully request a six month extension of the sketch plan approval to allow time to obtain the approval of the Suffolk County Department of Health Services. The Health Department has recently agreed to the location of a test well, which is to be drilled. This application is also subject to a Variance with the Board of Review at the Health Department, which, as you probably know, has a waiting list of several months. Thank you for your consideration. Very truly yours, KJH:mjb 26 PLANNING BOARD MEMBERS Bennett Orlowski, Jr.. Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938~ PLANNING BOARD OFFICE TOWN OF SOUTHOLD scour L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 August 14; 1990 Daniel C. Ross Wickham, Wickham & Bressler, P.C. Main Road P.O. Box 1424 Mattituck, New York 11952 RE: Jennie Harris Estates SCTM9 1000-96-1-18 Dear Mr. Ross: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, August 13, 1990. RESOLVED that the Southold Town Planning Board grant a six month extension of sketch approval from August 13, 1990 to February 13, 1991. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman LAW OFFICES WICKHAM, WICKhAM & BRESSLER, p.c. MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 MORTGAGE OFFICE July 26, 1990 Southold Town Planning Board Town Hall, 53095 Main Road P.O. Box 1179 Southold, N.Y. 11971 Re: Minor Subdivision of Jennie Harris Estate SCTM # 1000-96-1-18 Gentlemen: The sketch plan approved on this minor subdivision is scheduled to expire on August 13, 1990. We respectfully request a six month extension of the sketch plan approval to allow time to obtain the approval of the Suffolk County Department of Health Services. Thank you for your consideration. Very truly you~,/~ Karen J. l~fgen ~ KJH:atm JOSEPH P. HURLEY, P.E. COMMISSIONER DEPARTMENT OF PUBLIC WORKS cO~uNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE Hay 22, 1990 County of Suffolk Department of Planning Veterans Hemorlal Highway Hauppauge, N.Y. 11788 Attention: Re: Charles g. Lind, Chief Planner ,/~/~t~-~d~ aisle C.R. 48, Middle Road, 900'~ vie Cox Lane. 'Harris Estate'. ~/~'~/ Gentlemen: We have reviewed the above referenced subdlvlslon= Specifically note that: A permlt from this Department wiII be required pursuant to Section 136 of the Highway Law for any Improvements this Department deems necessary along the County right-of-way. No widenings or reconstruction Is presently planned for this County road within the area of the subject site. If you have any questions, kindly contact this offlce at 282-1354. Thank you for your cooperation in this matter. Very truly yours, CRH/HPC/pc cc: Richard A. Strang, ~CDPW Town of Southold ~ C. Roger Heeker Chief E~ #. Paul kamp~g~la Permits Engineer 3 1 990 Town Ha~l, 53095 Main Road P.O. Box 1179 Southold, New York 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOFF L. HARRIS Supervisor Fax (516) 765-1823 Telephone (516) 765-1800 March 27, 1990 Daniel C. Ross Wickham, Wickham & Bressler, P.O. Box 1424, Main Road Mattituck, NY 11952 PoCo RE: Jennie Harris Estate SCTM# 1000-96-1-18.1 Dear Mr. Ross: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, March 26, 1990. RESOLVED to override the March 8, 1990 Suffolk County Planning Commission report for the following reason: The Zoning Board of Appeals on June 29, 1989 granted a variance for approval of insufficient lot area and width of the two proposed parcels. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, ar.~' Chairman eric. cc: $CPC 4, C~.i/UNTY OF SUFFOLK PATRICK (~. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H, KUNZ DIR£CTOROFP~NNING March 8, 1990 Mr. Bennett Orlowski, ~r., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Minor Subdivision - Jennie Harris Estate Northwesterly side of Middle Road, C.R. 48, approximately 918 feet southwesterly from Cox's Lane, Cutchogue, New York. T.P.I.N. 1000-096-01-18.1 Dear Mr. Orlowski: The Suffolk County Planning Commission at its regular meeting on March 7, 1990, reviewed the proposed subdivision plat, entitled, "Minor Subdivision - Jennie Harris Estate" referred to it pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code. After due study and deliberation it resolved to disapprove said map for the following reason: Creation of a subdivision with substandard lots, that is, lots whose areas are less than the minimum required by the zoning classification of the property, constitutes an overintensification of land use. Such action could establish a precedent for future subdivision of this kind which would essentially be a circumvention of the Town Board's action taken over the past years to upzone the area in order to bring it more into conformity with modern lot area and planning standards and to limit density. Very truly yours, Arthur H. Kunz Director of Planning File: S-SD-90-07 :CGL:mb Encl.: Map cc: R. Villa, P.E., SCDHS by ' Charles G. Lind, Chief Planner Subdivision Rev~'~{4 Division Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 27, 1~90 SCOFF L. HARRIS Supervisor Fax (516) 765-1823 Telephone (516) 765-1800 Daniel C. Ross Wickham, Wickham & Bressler, P.C. Main Road, P.O. Box 1424 Mattituck, NY 11952 RE: Minor Subdivision of Jennie Harris Estate SCTM# 1000-96-1-18 Dear Mr. Ross: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, March 26, 1990. RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, make a determination of non-significance, and grant a Negative Declaration. Enclosed please find a copy of the Negative Declaration for your records. Very truly yours, Bennett Orlowski, Jr. Chairman enc. State Environmental Qualit~ Review NEGATIVE DECLARATION Notice of Determination Non-Significance March 27, 1990 This notice of issued pursuant to part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Minor Subdivision of Jennie Harris Estate SCTMg: 1000-96-1-18 Location: Northwesterly side of Middle Road, County Road 48, approximately 918 feet southwesterly from Cox's Lane, Cutchogue. SEQR Status : Type I ( ) Unlisted (X) Conditioned Negative Declaration: Description of Action: Yes ( ) No (X) Subdivision of a 49,453 square foot lot into two parcels of 24,502 square feet and 24,951 square feet. Page 2 Jennie Harris SEQR Negative Declaration Con't. Reason Supporting This Determination: An Environmental assessment has been submitted, reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Because there has been no correspondence received from the Department of Health Services in the allotted time, it is assumed that there are no comments or objections from that agency. There has been correspondence received from the New York State Department of Environmental Conservation. The agency has no objection to the Planning Board assuming lead agency status. For Further Information: Contact Person: Melissa Spiro Address: Planning Board Telephone Number: (516) 765-1938 CC: Suffolk County Department of Health Services Suffolk County Planning Commission Dave Morrell, DEC Commissioner Judith Terry, Town Clerk ( CU~CHOGUE FIRE DISTRICT Cutchogue, N.Y. 11935 Telephone (516) 734-6907 March 20, 1990 Mr Bennet Orlowski, Jr. Southold Town Planning Bd. Town Hall Southold, N.Y. 11971 Ref. Jenny Harris Est. Dear Mr. Orlowski, Reference the above estate and map. It is the opinion of the Board that a well is not required at this t/me. If there are any changes, please advise. Yours truly, Board of Fire Commissioners Matthew J. Martin Secretary DEPARTMENT OF PLANNING ' ~UNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE ARTHUR H, KUNZ March 8, 1990 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: Minor Subdivision - Jennie Harris Estate Northwesterly side of Middle Road, C.R. 48, approximately 918 feet southwesterly from Cox's Lane, Cutchogue, New York. T.P.I.N. 1000-096-01-18.1 Dear Mr. Orlowski: The Suffolk County Planning Commission at its regular meeting on March 7, 1990, reviewed the proposed subdivision plat, entitled, "Minor Subdivision - Jennie Harris Estate" referred to it pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code. After due study and deliberation it resolved to disapprove said map for the following reason: Creation of a subdivision with substandard lots, that is, lots whose areas are less than the minimum required by the zoning classification of the property, constitutes an overintensification of land use. Such action could establish a precedent for future subdivision of this kind which would essentially be a circumvention of the Town Board's action taken over the past years to upzone the area in order to bring it more into conformity with modern lot area and planning standards and to limit density. Very truly yours, Arthur H. Kunz Director of Planning File: S-SD-90-07 CGL:mb Encl.: Map cc: R. Villa, P.E., SCDHS by Charles G. L~nd~ Chief Planner Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD 1990 Mathew Martin, Secretary Cutchogue Fire District New Suffolk Lane Cutchogue, New York 11935 Dear Mr. Martin: Enclosed please find (2) surveys Please notify this office as to whether any firewells are needed. Please specify whether shallow wells or electric wells will be needed. Please reply by F~ ~3 ,1990. Thank you for your cooperation. enc. hp Very truly yours, Bennett Orlowski, Jr. ~ ~ Chairman New York State Department of Environmental Co~nservation Dear Dqc-. Re: LEAD AGENCY COORDINATION RESPONSE This letter responds to your communication of /~7~ /~ /~o regarding lead agency coordination for the above-noted project, under Article 8' (State Environmental Quality Review - SEQR) of the Environmental Conservation Law and 6 NYCRR Part 617. The Department has the following interest in this project: DEC Permits (if any): DEC Contact Person: SEQR Classification: [ ] Type I [/f'Unlisted DEC Position: Based on the information provided: DEC has no objection to your agency assuming lead agency status for this action. [ ] DEC wishes to assume lead agency status for this action. [ ] DEC needs additional information in order to respond (see comments). ~] DEC cannot be lead agency because it has no jurisdiction in this action. Comments: [ ] see attached [~none If you do not concur with the DEC position indicated above, please contact this office to resolve designation of iead agency within the time allowable under Part 617. CC: Please fee] free to contact this office for further information or discussion. Sincerely, (attach distribution list) LAW OFFICES WICKHAM, WICKHAMp. O. Box &1424BRESSL Mattituck, New York 11952 (516) ~8-8353 Planning Board To: Town of Southold Town Hall Main Road Southold, New York 11971 The accompanying papers pertain to this account: ....... Mortgage Bond ....... Mortgage ....... Building Loan Agreement ....... Deed ....... Extension Agreement ....... Our Bill ....... Termite Inspection ....... Water Test Results ....... Certificate of Occupancy ....... Assignment ....... Escrow Check ....... Fire Insurance Policy Date: February 16, 1990 Re: Harris Minor Subdivision SCTM #1000-96-1-18 ....... Title Insurance Policy ....... Release ....... Satisfaction .... X...Survey Five (5) prints of map, as ....... Tax Bill or Receipt requested by Bob ....... Closing Statement ....... Amortization Schedule ....... Title Company Receipted Bill ....... Broker's Receipted Bill ....... Other ....... Other ....... Other Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) '/65-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Suffolk County Planning Commission H. Lee Dennison Executive Office Building -12th Floor Veterans Memorial Highway Hauppauge, NY 11788 ATT: Charles G. Lind, Chief Planner Subdivision Review Division Gentlemen: Pursuant to Section A14-24, Suffolk County Administrative Code, the Southold Town Planning Board hereby refers the following proposed subdivision to the Suffolk County Planning Commission: Map of ~e~[, ~cclq ~, S.C.D.P.W. Topo No.: S.C. Tax Map No.: IOOCD Major sub. Minor Sub..~ MATERIAL SUBMITTED: Hamlet/Locality Zoning Site Plan Cluster ~ Plat (3 copies) X Road Profiles Drainage Plans (1) Topographical Map (1) Site Plan (1)__Grading Plan 1) (1) Other Materials (specify and g~ve number of copies) of Subdigisioh Requirements - See attached sheet X Waiver CONTINUED REFERRAL CRITERIA: SEQRA STATUS: 1. The project is an (U~iste~ (Type I) (Type II)Action. 2. A (Negative Declaration) (Positive Declaration) (Determ. of Non-Significance) has been adopted by the Planning Board. 3. E.I.S. statement enclosed. (Yes)~ 4. The proposed division has receJ3~e4~ approval from the S.C. Dept of Health. (Yes) ~o)._~ We request acknowledgement of receipt of this referral (Yes) (No) Referral received 19 by Suffolk County Planning Commission and assigned File NO. Very truly yours, Bennett Orlowski, Jr. / '~ Chairman Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD RE: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: ~e~,~ ~04'~% ~,~ %~A~i0~ Requested Action: SEQRA Classification: ( ) Type I (~) Un%isted Contact Person: ~ )EI~O (516 -765-1938 !'% The lead agency will determine the need for an environmental impact statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: This agency wishes to assume lead agency status for this action. This agency has no objection to your agency assuming lead agency status for this action. Other. ( See comments below). Comments Please feel free to contact this office for further information. CC: hoard of Tru~tcc~ ~Suffolk County Dept. of Health Services ~NYSDEC - Stony Brook S.C. Dept os D"~!ic Works U.~ Army ~^~ of'Engineers * Maps are enclosed for your_[eview Coordinating agencies Sincerely, Bennett Orlowski, Jr./ Chairman 14-164 (9184) · IPROJECT I.D. 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 Infomtetlon (To be completed by Applicant or Project sponsor) ~ {-~) I~9'~ 1. Appiicant~spoeso~ I 2. Project Name Robert Taylor, Executor IMinor Subdivision for Jennie Harris Estat~ Munici~fit? Cut chogu~ Coun~ Suffolk ~ Nero [] Ex~msiofl [] ~ificlt~llterat~ 5. ~scri~pmj~br~f~ The app] [cant seeks to subdivide a lot containing two (2) hpuses into two (2) lots, each containing one (1) house. One lot will have an area of 24,502 squa feet, and the other will have an area of 24,951 sqaure 'feet. North side of Middle Road (County Route 48), approxlmate]y 9~8 feet southwest of the intersection of Cox's Lane, and Middle Road. Initially~.4~ sq. F~_ ic~ Ultimately ~m~ acres ~ Yes ~ No IfNo. d~ri~k~ The project requires a variance from the Board of Appea for insufficient area, lot width, and front yard· ~ Residential ~ I~ust,ial ~ C~metc.l ~ A&ricultu,. ~ Park~an~o~. Space ~ Other ':'. The property is bounded on"~he northwest and west by the 5outhold Town Dum~.' ~ Ye ~ NO If ye. Iht al~) and ~rmi~app~ovals Suffolk County Depar:ment o~ Health Services, S0uthold Town Board of Appears Applicant/sponsor name: Robert Taylor, Executor 'of: Jennie Harris Estate If the action Js in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE ($16) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 14, 1990 Daniel Ross Wickham, Wickham & Bressler, P.O. Box 1424 Main Rd. Mattituck, NY 11952 RE: Minor Subdivision of Jennie Harris Est. SCTM# 1000-96-1-18 Dear Mr. Ross: The following resolutions were duly adopted by the Southold Town Planning Board at a meeting held on February 13, 1990. RESOLVED that the Southold Town Planning Board rescind their resolution of denial of November 20, 1989. The Planning Board has re-examined the decision of the Zoning Board of Appeals and the proposed subdivision application, and has decided to proceed with the current application. RESOLVED that the Southold Town Planning Board start the coordination process on this unlisted action. The Board assumes lead agency status and in that capacity makes an initial determination of non-significance. RESOLVED that the Southold Town Planning Board grant sketch approval on the map dated February 27, 1989. Please note that the final map must state the correct of the parcel (Light Industrial Park/Planned Office Park District (LI0). zone Sketch plan approval is conditional upon submission of final maps within six months of the date of sketch approval, unless an extension of time is requested by the applicant, and granted by the Planning Board. Please note that five (5) paper prints and two (2) mylars of the final map, containing a current stamp of Health Department approval, must be submitted before a final public hearing will be set. Please note that the Planning Board has referred this subdivision to the Suffolk County Planning Commission for their review. You will be notified should the Suffolk County Planning Commission require any Covenants and Restrictions. Please do not hesitate to contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman MS/hp Southold Town Planning Board Town Hall Southold, New York 11971 Gentlemen: Re: Minor Subdivision for Jennie Harris Estate Suffolk County Tax Map #1000-096-1-18~1 The followkng s~a~ements 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, ~ob%e~~rt Taylor, ~ec~tor Estate of Jennie Harris Southold Town Board of'Appeal MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHO/D, L.I., N.Y. 11971 TELEPHONE (516) 765-~809 FAX No. ($16) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZ[O, JR. ACTION OF THE BOARD OF APPEAT..~ Upon application for JENNIE HARRIS for Variances to the Zoning Ordinance, Article XIV, Section 100-142 (Article III, Section 100-31 as Disapproved) for approval of insufficient lot area and width of two proposed parcels, each with an existing dwelling. Zone District: Light Industrial (LI). Property location: North Side of C.R. 48, Cutchogue, NY; County Tax Map District 1000, Section 96, Block 1, Lot 18.1 (18). WHEREAS, a public was held and concluded on June 29, 1989 in the Matter of the Application Of the ESTATE OF JENNIE HARRIS under Appeal No. 3840; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning and the surrounding areas; and WHEREAS, the Board made the following Findings of Fac~:. 1. The subject premises is a described parcel containing a total area of 49,453 sq. ft. with 200 ft. frontage along the north side of County Road 48 in the Hamlet of Cutchogue, Town of Southold, is identified on the Suffolk County Tax Maps as District 1000, Section 96, Block 1, Lot 18.1, and is improved with two dwellings. -. 2. By this application, appellant requests Variances under Article XIV, Section 100-142, Bulk Schedule of the Zoning Code for approval of two lots, as proposed: (a) Lot #1 consisting of 24,502 sq. ft.; and (b) Lot ~2 consisting of 24,951 sq. ft., each with an existing single-family dwelling with setbacks as shown on the October 25, 1988 subdivision map made'~y' Roderick VanTuyl, P.C. Page 2 - Appeal No. 3840 Matter of ESTATE OF JENNIE HARRIS Decision Rendered June 29, 1989 3. Article XIV, Section 100-142 and Bulk Schedule, of the Zoning Code for this requires a minimum lot area of 40,000 sq. ft. for each newly established parcel in this Light Industry ILI) Zone District. 4. In considering this application, the Board finds and determines: la) that the circumstances of this application are uniquely related to the premises; (b) that the relief requested is not unreasonable in light of the circumstances; (c) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; Id) that although the relief requested is substantial in relation to the requirements, the grant of the variance will not create any increase in density since the lots are improved with residences; (e) that there is no other method feasible for appellants to pursue other than a variance; (f) that in considering all of the above, the interests of justice will be served by granting the variance, applied. as ACCORDINGLY, on motion by Mr. Dinizio, seconded by Mr. Sawicki, it was RESOLVED, to GRANT the relief as requested under Appeal No. 3840 in the Matter of the Application - ESTATE OF JENNIE HARRIS, as applied. Vote of the Board: Ayes: Grigonis, Sawicki and Dinizio. Messrs. Goehringer, Doyen, This resolution was duly adopted. ik GERARD p. GOEHRI~G.ER, ~JHAIRMAN WILLIAM WICKHAM ERIC ,J BRESSLER ABIGAIL A. WICKHAM DANIEL C ROSS KAREN ~ HAGEN HUBERT f SULUVAN LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P,C, MAIN ROAD, P.O BOX 14~4 MATTITUCK, LONG ISLAND NEW YORK 11952 January 26, 1990 Southold Town Planning Board Southold Town Hall Southold, New York 11971 Attention: Ms. Valerie Scopaz Re: Subdivision Application of Estate of Jennie Harris Dear Ms. Scopaz: This will confirm our conference regarding the above referenced application wherein it was determined that it would be best if the Board resolved to withdraw the previous resolution of November 20, 1989 without prejudice. We understand that the withdrawal should not be construed as final approval but we would continue to process the application before the Board. If the Board is agreeable, please let us know and we will withdraw the Article 78 upon receipt of the resolution. We are pursuing our application before the Health Department. DCR:vm cc: Matthew Kernan, Esq. Mr. Robert Taylor tayreso76 To~vn Hall. 53095 Main Road P.O. Box 1179 Southold? New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 23, 1990 Daniel C. Ross Wickham, Wickham & Bressler P.O.Box 1424 Mattituck, New York 11952 Re: ~-/-)~,/ Article 78 Petition of Taylor/Harris Dear Mr. Ross, In response to your letter of January 17, 1990 regarding the above-referenced matter, please be advised that the Planning Board will begin the environmental review process, which is the first step in the set-off review procedure. This portion of the review procedure will be started at the Board's next public meeting which will be on February 13, 1990. If there are any further questions, please do not hesitate to contact this office. Very Truly Yours, Bennett Orlowski, Jr. ~ Chairman VS:vs cc: Matthew Kiernan, Assistant Town Attorney FAX COVER SHEET TO: FROM: DATE: Pages to follow: Additional Comments: IF ALL PAGES ARE NOT RECEIVED. PLEASE CALL SOUTHOLD TOWN HALL at 1516) 765-1800 To~vn Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE ($16) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 21, 1989 Karen Hagen P.O. Box 1424 Mattituck, NY 11952 RE: Estate of Jennie Harris SCTM %1000-96-1-18 Dear Mrs. Hagen: The following actions were taken by the Southold Town Planning Board on Monday, November 20, 1989. RESOLVED that the Southold Town Planning Board deny the application to subdivide a 49,452 square foot lot, located in the Light Industrial District, into two lots of 24,502 squa~.~ feet in area and 24,951 square feet in area. Although approval was granted by the Zoning Board of Appeals on June 29, 1989, for insufficient lot area and width of the two proposed parcels, the Planning Board feels strongly that this application should be denied for the following reasons: As the minimum lot size for the Light Industrial District is 40,000 square feet in area, the subdivision of land in this manner creates two non-conforming industrially zoned lots where one conforming lot exists. The subdivision of land in this manner perpetuates for the short term, the non-conforming residential land use; while the Master Plan and the zoning map advocate an industrial use for the future. The existing lot has the potential to be developed in accordance with the Code, while the variance creates two non-conforming substandard lots which are likely to require that further variances be obtained from the Zoning Board of Appeals in order to be developed under the Light Industrial zone. Toxvn Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 IELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Gerard P. Goehringer, Chairman Southold Town Board of Appeals FROM: Bennett Orlowski, Jr., Chairman~ Southold Town Planning Board DATE: November 14, 1989 RE: Subdivision Proposal for Jennie Harris Estate SCTM# 1000-96-1-18 This application is before the Planning Board to subdivide a 49,453 square foot parcel, on which exist two dwellings, into two parcels of 24,502 square feet and 24,951 square feet apiece. The parcel is located in the Light Industrial District (LI), which requires a minimum lot size of 40,000 square feet. A variance for approval of insufficient lot area and width of the two proposed parcels was granted by the Zoning Board of Appeals on June 29, 1989. Although the Zoning Board's coordination policy for all matters that will eventually fall under the Planning Board's jurisdiction, has been to request comments prior to the date of determination, no such request was made for this application. Although the Zoning Board granted the relief, the Planning Board feels strongly that this application should not be approved, for the following reasons: The subdivision of land in this manner creates two non-conforming, industrially zoned lots where one conforming lot exists. The subdivision of land in this manner perpetuates for the short term, the non-conforming residential land use; while the Master Plan and the zoning map advocate an industrial use for the future. The existing lot has the potential to be developed in accordance with the Code. However, the variance creates two non-conforming substandard lots which are likely to require that further variances be obtained from the Zoning Board of Appeals in order to be developed under the Light Industrial Zone. Based on the above reasons, the application is scheduled for the November 20th Planning Board meeting for denial. Members of the Planning Board are willing to discuss this matter, and similar situations, at a Code Committee meeting if necessary. cc: Southold Town Board APPEALS BOARD MEMBERS Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y, 11971 TELEPHONE (516} 765-1809 FAX NO. (516) 765-1823 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .JR. JOSEPH H. SA~/ICKI JAMES DINIZIO, .IR. Karen J. Hagen, Esq. Wickham, Wickham & Bressler, P.C. Main Road, Box 1424 Mattituck, NY 11952 Re: Appeal No. 3840 - Estate of J. July 18, 1989 SOUTHOLD PLANN~h!~ Harris (Variance) Dear Karen: Transmitted for your records is a copy of the recent determination rendered by the Board of Appeals concerning your application. Please be sure to return to the Planning Board, Building Department and all other involved agencies for approvals as may be necessary. Copies of this decision have simultaneously been transmitted to the Building Inspectors' Office and Planning Board for their files and update. Yours very truly, GERARD p. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Building Inspectors' Office / Southold Town Planning Board ~/ Suffolk County Department of Planning £App Southold Town Board o eals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 $OUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765'1809 FAX NO. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ACTION OF THE BOARD OF APPEALS JOSEPH H. SAWICKI 3AMES DINIZI0, Upon application for JENNIE HARRIS for Variances to the Zoning Ordinance, Article XIV, Section 100-142 (Article III, Section 100-31 as Disapproved) for approval of insufficient lot area and width of two proposed parcels, each with an existing dwelling. Zone District: Light Industrial (LI). Property location: North Side of C.R. 48, Cutchogue, NY; County Tax Map District 1000, Section 96, Block 1, Lot 18.1 (18). WHEREAS, a public was held and concluded on June 29, 1989 in the Matter of the Application Of the ESTATE OF JENNIE HARRIS under Appeal No. 3840; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: 1. The subject premises is a described parcel containing a total area of 49,453 sq. ft. with 200 ft. frontage along the north side of County Road 48 in the Hamlet of Cutchogue, Town of Southold, is identified on the Suffolk County Tax Maps as District 1000, Section 96, Block 1, Lot 18.1, and is improved with two dwellings. 2. By this application, appellant requests Variances under Article XIV, Section 100-142, BUlk Schedule of the Zoning Code for approval of two lots, as proposed: (a) Lot #1 consisting of 24,502 sq. ft.; and (b) Lot #2 consisting of 24,951 sq. ft., each with an existing single-family dwelling with setbacks as shown on the October 25, 1988 subdivision map made by Roderick VanTuyl, P.C. Page 2 - Appeal No. 3840 Matter of ESTATE OF JENNIE HARRIS Decision Rendered June 29, 1989 3. Article XIV, Section 100-142 and Bulk Schedule, of the Zoning Code for this requires a minimum lot area of 40,000 sq. ft. for each newly established parcel in this Light Industry (LI) Zone District. 4. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises; (b) that the relief requested is not unreasonable in light of the circumstances; (c) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (d) that although the relief requested is substantial in relation to the requirements, the grant of the variance will not create any increase in density since the lots are improved with residences; (e) that there is no other method feasible for appellants to pursue other than a variance; (f) interests of applied. that in considering all of the above, the justice will be served by granting the variance, as ACCORDINGLY, on motion by Mr. Dinizio, seconded by Mr. Sawicki, it was RESOLVED, to GRANT the relief as requested under Appeal No. 3840 in the Matter of the Application - ESTATE OF JENNIE HARRIS, as applied. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Sawicki and Dinizio. This resolution was duly adopted. ik I-AW OFFICES WICKHAM, WICKHAM 8, BRESSL~'~'~'~ ~ ~ "A~ITUCK. LONG IS~ND II '~ I ~ ~ ~ ~ April 5, 1989 Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: Minor Subdivision for Jennie Harris Estate SCTM #1000-96-1-[8 Gentlemen: Enclosed is a copy of the variance application which has been submitted to the Board of Appeals, and a copy of the map. Upon approval of the variance by the Board of Appeals, we will send a copy of the approval, along with the plot application and the fee for a Minor Subdivision of two lots. Very truly yours, Karen J. Hagen KJH: jaw Enc. APPEAL FROM DECISION OF BUILDING ( ) ( ) (x) TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. I, ~ .... .R.o~.~.F.~,. ~.s]g ].D£ ................ of .....H.Ldd.Le..Road ................................................. Name of Appellc~t Street and Number Cutchogue ...... .N..e..w....Y..q.r..k. ...... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION Foe I~RM!T NO .................................... DATED ..,7,~7.:.~.T~/[',~..~. ........................ WHEREBY THE BUh. DL, INSPECTOR DENIED TO Jennie Harris Estate Name of Applicant fo~ permit of P.O. Box 462r Cutchog. ue N.q.W .'(.q~k .................. Street and Number Municipality State PERARIT TO USE PERMIT FOR OCCUPANCY PERMIT TO SUBDIVIDE !. LOCATION OF THE PROPERTY .~.[.d.d.l.q.J~.,~.d.,...(;~.t;~;h~,g~., · Street /Hamlet / Use District o~ Zoning District 1000 Section 96Block1 Lot 18.L rent ....................... cur Owner Estate of Jennie Harris ....................................................... i';. No. Mop No. Prior 0wnerJ_ohn Wickham, James Parker Wickhc et al 2. PROVISION (SI OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- sectio~ and Paragraph of the Zoning Ordinance by number. Do not quote the Orclinonce.) Article ~ Section /OO-~/ 3. TYPE OF APPEAL Appeal is ~nade herewith for (please check appropriate box) ( 7( ) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lock of access (State of New York Town Law Chop. 62 Cons. Lows Art 16 Sec. 280A Subsectio~ 3 ( ) 4. PREVIOUS APPEAL A previOuS appeal ~ (has nat) been macJe with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for o variance end was mode in Appeal No ................................. Doted ...................................................................... ( ) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that the applicant would llke to divide this 4~,453 square foot parcel with two (2} houses into two (2) separate parcels, each containing a house. (Continue on other side) I. STRICT APPLICATION OFTHE ORDINANCE ~ld produce pract~al difficultiesorunnece~- so~ HARDSHIP becaulethis parcel which Js set up for two (2) separate families, would have to be kept in single ownership. Each lot already has a house. To keep this as one property when it is already essentially two (2) lots is impractical and burdensome. 2. The hardship created is UNIQUE and is not shared by all propedies alike in the immediate vicinity of this prof>er~ and in this use district becou~ it is the only parcel in the vicinity which is surrounded by light industrial property and the Southold Town Dump. The lots to the southwest of the Town Dump are considerably smaller than the subject premises. 3 The Variance would obse~e the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because dividing this parcel into two (2) lots, each of which would be approximately one-half (1/2) acre, would result ~n the formation of two (2) lot approxlmately the same size as the lots to the southwest of the Town Dump. Since there are already two (2) houses, nothing would change as a result of the division. Each lot would be held by a foster son of the deceased. COUNTY OF SUFFOLK ) Sworn to this ................ ::7../~'...~.. ................. day of ............ '~ .~-~.~. .................. 19~/ / !I COUNTY OF SUFFOLK J'o~"~' $OUTHOLO 096 ~AP OF A ~iNOr~ 5UDDIVIStON LOT [ ~4,502 5,F, LOT ~ 91~'~ TO C_O~'S LA~4i~ --~ MAP OF A MtNQf-4 SUBDIVISION V~EY IqA,P , iI, d