HomeMy WebLinkAbout1000-103.-13-16THIS LOT LiNE
ANGE BETWEEN
IS LOCATED ON
SCTM# 1000-
LOT LINE CHANGE
Complete application received
Application reviewed at work session
Applicant advised of necessary revisions
Revised sub mission received
Lead Agency Coordination
SEQRA determination
Sent to County Planning Commission
Review of SCPC report
Draft Covenants and Restrictions received
Draft Covenants and Restrictions reviewed
Filed Covenants and Restrictions received
Final Public Hearing
Approval of Lot Line -with conditions
Endorsement of Lot Line
ms 1/1/90
AND
Southold Town Planning Board
Town Hall
Southold, New York 11971
Re:
Gentlemen:
The following statements are offered for your consideration
in the review of the aboveTmentioned minor subdivision and its
referral 'Lo the Suffolk County Planning Commission:
(1)
No grading, other than foundation excavation
residential building is proposed.
for a
(2)
NO new roads are proposed and no changes '.vii! be made in
the grades of the existing roads.
(3)
No new drainage structures or
structures
are proposed.
alteration of existing
Yours t~ruly,
S U ~FO L K.'~-CO k)tTv
Southold, N.Y. 11971
(516) 765-1938
QUESTIONNAIRE TO BE COMPLETED AND SUBMITTEu
WITH YOUR APPLICATIONS FORUMS TO THE PLANNING BOAR~
Please complete, sign and return to the Offi.ce of the-Planning
Board with your completed applications forms. If your answer
to any of the following questions is yes please indicate
these on your guaranteed ~--'
evidence, survey or submit other appropriate
1. Are there any wetland grasses on this parcel? Yes
(Attached is a list-of the wetland grasses defined
by the ~pwn Code, Chapter 97, for your reference)
2. Are there any other premises under your ownershi~
abutting this parcel? Tax #1000-103-i3-22 ~
3. Are there any building permits pending on
this parcel?
of Occupancy,
Yes
4. Are there any other applications pending
concerning this property before any other
department or agency?(Town· , State, County, etc.) Yes
5. Is there any application pending before
any other agency with regard to a different
project on this parcel?
· Yes
6. Was this property the subject of any prior
application to the Planning Board? Yes
7. Does this property have a valid certificate
if yes please ~ ~s)
submit a copy off same
No
I certify that· the above statements are true and will be' relied
on by the Planning Board in
Sinecure-~f p~ope~i~ty o,~n~r ~r-auth0~-~1 date
Attachment to questionnaire for'the Planning Board
STATE OF NEW YORK, COUNTY OF SUFFOLK, ss:
On the
~ day of March , 19 9___% before me personally
came 3ames McNeil to me known to be the
individual described in and who executed the foregoing in'strums
and acknowledged that he .executed the same.
Not~y Public
I PROJECTI.D
NUMSER
617.21
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
~'ART I--PROJECT iNFORMATION (To be completed by Applicant or Project sponsor)
SEQR
t. APPLICANT/SPONSOR
rohn H. McNeil and James J. McNeil
3. PROJECT LOCATION:
Municipality Cutchogue, New York
2. PROJ T NAME
John~aTmes McNeil Estate
County Suffolk
4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 185 West Creek Avenue
Property starts S.W. corner of Pequash Ave. & Old Pasture Rd. and continues 270.13 feet
along Pequash Ave. to the South East. Property stretches to West Creek Avenue (an
approximate distance of 202 feet). Original Tax Map numbers: 103-13-19, 103-13-20,
103-13-18.1. Other pieces in project: 103-13-21, 103-13-22, 103-13-16 (additional 280
ft. along Pequash Avenue).
5. IS PROEOSED ACTION:
[~]New [~Expansion [~Modificationlalteration
6. DESCRIBE PROJECT BRIEFLY:
Combine three lots and two lots
7, AMOUNT OF LAND AFFECTED:
Initially 2 · 56 acres Ultimately 2 · 56 acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe brielly
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
~ Residential [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open space [] Other
Describe:
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,
STATE OR LOCAL)?
[] Yes ~ No It yes, lisl agency(s) and permit/approvals
11, DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
[] Yes [] NO If yes, list agency name and permit/approval
CO #23620
12, AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
[] Yes [] No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST
OF MY KNOWLEDGE
Date:
I
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
1
PART II--ENVIRONMENTAL ASSE completed by Agency)
A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.t27 If yes, coordinate the review process and use the FULL EAF.
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative de(;laratlon
may be superseded by another involved agency.
[] Yes {~No
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible)
C1. Existing air quality, surface or groundwater quality or quantity, noise levels, ex~sting traffic patterns, solid waste production or disposal,
potential for erosion, drainage or flooding problems? Explain briefly:
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultura~ resources; or community or neighborhood character? Explain briefly:
NO
C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly:
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
NO
C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly.
C6. Long term, short term, cumulative, or other effects not identified in Cl-C57 Explain briefly. NO
C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly.
D. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY REI-ATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
[] Yes [] No If Yes, explain briefly
PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For e~ch 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. Ensure that
explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed.
[] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY
OCCLm Then proceed directly to the FULL EAF and/or prepare a positive declaration.
~ 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 on attachments as necessary, the reasons supporting this determination:
2
LAW OFFICES
WlCKHAN1, WlCKHAM 8: BRESSLER, PC.
MAIN ROAD, PO BOX 1424
MATTITUCK, LONG ISLAND
NEW YORK 11952
5~6-298-8353
TELEFAX NO 516 298 8565
February 16, 1995
Southold Town Planning Board
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, N.Y. 11971
Attn: Mr. Robert Kassner
Re: McNeil subdivision
Dear Bob:
We have just discovered that the title to tax lot 20 in
the name of John and James McNeil, is now in the name of
John McNeil alone. Thus, all lots are in his name and
accordingly we must withdraw our application for a lot line
change.
When my clients first made the application, they were
unaware of the merger rules. In addition, both assessor's
records and the last deed of record show title to tax Lot 20
in John and James' name and title to the remaining lots in
John's name. However, examination of the deeds reveals that
it was the McNeil's father, James, and not his son, whose
name was on the deed. Consequently, title devolved to John
alone on the senior James' death.
We appreciate your consideration and regret the
inconvenience.
Very truly yo~rm, /
~bi~il A. Wickham
30-plbdofc
I,,
SOUTHOLD TOWN J
, PLANNING BOARD
Southold Town P1Oing Board 6
February 6, 1995
WHEREAS, all the requirements of the Subdivision Regulations of the
Town of Southold will be met upon fulfillment of the conditions of
approval; be it therefore
RESOLVED, that the Southold Town Planning Board grant conditional
final approval on the surveys dated December 19, 1994, subject to
fulfillment of the following conditions. All conditions must be
met within six (6) months of the date of this resolution.
Six (6) final maps and two (2) mylars must be submitted. Ail
maps must contain the following:
A. A notation that a Declaration of Covenants and Restrictions
was filed pertaining to the lot line change. The notation
must include the liber and page number of the filed
document.
B. The maps must be drawn at a scale of 1 inch equals 100 feet
as noted in the conditional sketch approval.
The Declaration of Covenants and
Planning Board must be recorded.
document must be submitted.
Restrictions required by the
A copy of the recorded
The new deed for the entire 75,870 square foot parcel must be
submitted. The deed must note that a Declaration of Covenants
and Restrictions has been filed for the property.
Mr. Orlowski: Second.
Mr. Ward: Motion seconded. Ail in favor?
Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Ward.
Mr. Ward: Opposed? Motion carried.
Mr. Ward: John H. and James McNeil This lot line change is to
change the lot lines of two existing parcels of 96,049 square feet
and 0.299 acres into two parcels of 55,721 square feet and 55,631
square feet. SCTM~ 1000--103--13--16, 18.1, 19, 20, 21, 22. Is the
applicant or the agent for the applicant here to address the Board?
Abigail Wickham: Abigail Wickham for the McNeils. Gentlemen, I
would like to make a somewhat unusual request tonight that you hold
the hearing open for two reasons. Number one, although this
property has been on the market for quite a while, and has been
before your Board for quite some time, they just over the past few
days received an offer for purchase and the prospective purchaser
may want to do something slightly different with the property. So,
before we conclude this particular transaction we would like to
have an opportunity to look at that and explore that further, both
with you and with them.
And the second reason, which just came up this afternoon is Mr.
McNeil called me and raised a question about the title to one of
the lots.
Southold Town Planni' Board
7
y 6, 1995
I tried to contact the County Clerk's office and was told that
because of lack of heat in the building, there was no one there.
So, I was not able to get the answer to that. I realize you like
to clear things off your calendar, but if you would indulge us...
Mr. Ward: How long a period are you asking? Until the March
meeting?
Ms. Wickham: I think that would be a fair (inaudible).
Mr. McDonald: There's a question about the title to one of the
lots?
Ms. Wickham: I'm not sure. (inaudible)
Mr. McDonald: But it's conceivable that we're proceeding on a
subdivision that there's not clear title to?
Ms. Wickham: No, there's just a question of what the title is to
a particular lot. I want to get the names straight. The primary
reason is that we have a purchaser who asked us to hold up on it
just until they have an opportunity to decide how they want to
proceed.
Mr. McDonald: They don't want a subdivision?
Ms. Wickham: I think they do, but I'm not sure it would look like
this.
Mr. McDonald: I just want to say what I think about this.
We're constantly berated because we don't move fast enough. We get
to this point where we're ready to issue a final on it and the
applicant doesn't want to withdraw their application. They merely
want to drag it out. This concerns me for several reasons. One,
because I'm sensitive to the comments that are made towards us and
two, because this prolongs an application and keeps property, which
will probably be subdivided in any case, off the tax roll, to the
benefit of the applicant and the detriment of the Town. Despite
the fact that it's clearly the intent to subdivide it eventually in
any case.
Ms. Wickham: I don't disagree with you about the delay.
Unfortunately, I think if you look at the tax rolls on this
property, the Town is amply compensated. But in respect to the
delay, I do agree with you and I apologize.
Mr. Orlowski:
next meeting.
make a motion we hold the hearing open until the
Mr. Ward: March 137
Ms. Wickham: Thank you.
Mr. Latham: I'll second the motion.
PLANNING BOARD MEMBERS
Richard G. Ward, Chairman
George Ritchie Latham, Jr.
Bennett Odowski, Jr.
Mark S. McDonald
Kenneth L. Edwards
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P. O. Box 1179
Southold, New York 11971
Fax (516) 765-3136
Telephone (516) 765-1938
February 7, 1995
Abigail A. Wickham, Esq.
P.O. Box 1424
Mattituck, NY 11952
Re: Proposed lot line change for John H.& James McNeil
SCTM# 1000-103-13-16, 18.1, 19, 20, 21 & 22
Dear Ms. Wickham:
The following resolution was adopted by the Southold Town Planning Board
at a meeting held on Monday, February 6, 1995:
Be it RESOLVED that the Southold Town Planning Board hold the final
hearing open at the applicants request.
The hearing will be continued at the Board's next regularly scheduled
meeting which is March 6, 1995. Please respond in writing before this date
as to the disposition of this application.
Please contact this office if you have any questions regarding the above.
Since~/~,
Chairman
LEGAL NOTICE
Notice of Public Hearing
NOTICE IS HEREBY GIVEN that
pursuant to Sccdon 276 of the Town
Law, a public hea~ng will be held by
the Southold Town Planning Board, at
the Town Hall, M~fin Road, Southold,
New york in said Town on the 6th day
of February, 1995 on the question of
the following:
7:30 P.M. Final public hearing for
the proposed minor subdivision for
Conrad Bagenski, in Cutchogue,
Town of Southold, County of Suf-
folk, State of New York. Suffolk
County Tax Map Number 1000-108-
3-9.
The property is bordered on the
north by land now or formerly of
C~osa; on the nol~heaat by land mw !
L 7 35 P.M Final public beanng for,
·
the south by West Creek Road; and on
the west by Old Pasture Read.
Dated: Januaq' 23 1995
. BY ORDER OF THE
COUNTY OF S~[~OLK )
0.~i ~rl~.{.~f~ ~_~ of Mattltuck,
in said County, being duly sworn, says that he/she ts
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
CHRISl'INA VOLINb'10
Publto, Stme 04 N~wYodt Principal Clerk
No. F~:M.884 ,m
(~alifted in Suffo#t Coumv L~[I ,~
~olary Public
Sworn tO before me thts~( {./
day O~t/t'~L~ ~ t-19 '%(~
OFFICE
TOWN OF SOUTHOLD
NOTICE OF PUBLIC
HEARING
NOTICE IS HEREBY
GIVEN that pursuant to Sec-
~ ti6n 276 of the Town Law, a
public hearing will be held by
the Southold Town Planning
Board, at the Town Hall, Main
Road, Southold, New York in
i~aid Town on the 6th day of
'February, 1995 on the question
of the following:
7:30 P.M. Final Public hear-
ing for the proposed lot line
chang~ f6r ~onrad Bagenski, in
Cutchogue, Town of Southold,
County of Suffolk, State of
New York. Suffolk County Tax
Map Number 1000-108-3-9.
The property is bordered on
the north by land now or for-
merly of Cross on the east by
ii!and now or formerly of Lowe;
on southeast by land now or
formerly of Krespach; on the
south by Main Road, on the
west by land now or formerly
of Adel and by land now or for-
-..merly 0f Stepnoski; and on the.
north, south, east and west by
land now or formerly of Kaelin.
7:35 p.m. Final public hear-
ing for the proposed minor sub-
division for Andrew Krupski,
in Southold, town of Southold,
County of Suffolk, State of
New York. Suffolk County Tax
Map Number 1000-64-5-12 &
13.
The property is bordered on
the north by Town Harbor
Lane; on the east by land now
or formerly of William
McCarthy and wife; on the
southeast by land now or for-
merly of Andrew Berger and
John Sullivan; on the south by
land now or formerly of John
F .and Linda M. Martin; and on
the west by land now or for-
merly of Loveridge.
7:40 p.m. Final public hear-
ing on the lot line change for
Frederick and Bernardine
Bauser, in Peconic, Town of
Southold, County of Suffolk,
State of New York. Suffolk
County Tax Map Number
1000-86-4-1.7 & 1.9.
The property is bordered on
the north by land now or lbr-
merly of Ralph and Elizabeth
COUNTY OF SUFFOLK
STATE OF NEW YORK ss:
Tim Kelly, being duly sworn, says that he is
the Editor, of the TRAVELER-WATCHMAN, a
public newspaper printed at Southold, in Suf-
folk County; and that the notice of which the
annexed is 'a printed copy, has been published
in said Traveler-Watchman once each week for
/
........................................................................ wqe~ks
!~uccessively,~ommencing on the .....?....~..~.~...
Sworn to before me this ........ ::......5 .......... day of
~ Notary Public
Scheider: on the east by Indian
Neck Lane; on the south by
....... / NOTARY PUBLIC, State of New York
land now or formerly of
Koroleski; and on the north-
west by land now or formerly
of Monica Kneuer.
7:45 p.m. Final public hear-
ing on the lot line change for
John H. and James McNeil, in
Cutchogue, Town of Southold,
County of Suffolk, State of
New York. Suffolk County Tax
Map Number 1000-103-13-16,
18.1, 19, 20, 21, 22.
The property is bordered on'
the north by Pequash Ave.,
(Fleets Neck Road); off the east
by land now or formerly of J.
Gadomski & A.E. Piccolo; on
the southeast by land now or
formerly of D.G. Walsh & J.
O Keefe on the south by West
Creek Road; and on the west
by Old Pasture Road.
Dated: January 23, 1995
BY ORDER OF THE
SOUTHOLD TOWN
PLANNING BOARD
Richard G. Ward, Chairman
....... ~ . . ~'IX- /26/95 .t
PLANNING BOARD MEMBERS
Richard G. Ward, Chairman
George Ritchie Latham, Jr.
Bennett Odowski, Jr.
Mark S. McDonald
Kenneth L. Edwards
Town Hall, 53095 Main Road
?. O. Box 1179
Southold, New York 11971
Fax (516) 765-3136
Telephone (516) 765-1938
PLANNING BOARD OFFICF
TOWN OF SOUTHOLD
FORM FOR THE PUBLICATION OF NOTICE OF:
[~/ISSUANCE OF NEGATIVE DECLARATION ISSUANCE OF POSITIVE DECLARATION
COMPLETION OF DRAFT ENVIRONMENTAL IMPACT STATEMENT
PUBLIC HEARING ON DRAFT ENVIRONMENTAL IMPACT STATEMENT
COMPLETION OF FINAL ENVIRONMENTAL IMPACT STATEMENT
Type of Notice:
Project Title:
SCTM#:
Location (Street, Hamlet):
Lead Agency:
Address:
[~Unlisted Type 1
Southold Planning Board
53095 Main Rd., Southold, NY 11971
Project Description: ~7'x ~ ~ ¢¢. .
Date of Acceptance of DEIS/FEIS; ~ rc~r t ~5, 6~1 s~.~f.
Contact Pemon: ~o~rf ~s~
Address: Plannin9 Board Office
53095 Main Rd., 8outhold, NY ~97~
Phone: (5~6) 765-~938 Fax:(5~6) 765-3~36
For Draft Environmental Impact Statement indicate:
Final Date for Comment Period:
For Public Hearing indicate:
Date and Time:
Location:
PLANNING BOARD MEMBERS
Richard G. Ward, Chairman
George Ritchie Latham, Jr.
Bennett Odowski, Jr.
Mark S. McDonald
Kenneth L, Edwards
January 10, 1995
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P. O. Box 1179
Southold, New York 11971
Fax (516) 765-3136
Telephone (516) 765-1938
Abigail A. Wickham, Esq.
P.O. Box 1424
Mattituck, NY 1952
Re:
Proposed lot line change for
John H. & James McNeil
SCTM# 1000-103-13-16, 18.1, 19, 20 & 21
Dear Ms, Wickham:
The following resolutions were adopted by the Southold Town Planning
Board at a meeting held on Monday, January 9, 1995:
BE IT RESOLVED that the Southold Town Planning Board, acting under the
State Environmental Quality Review Act, do an uncoordinated review of this
unlisted action. The Planning Board establishes itself as lead agency, and as
lead agency makes a determination of non-significance and grants a
Negative Declaration.
BE IT RESOLVED that the Southold Town Planning Board set Monday,
February 6, 1995 at 7:45 p.m. for a final public hearing on the maps dated
November 16, 1994.
Enclosed please find a copy of the Negative Declaration for your records.
$i~nc~erely,//
Chairman
enc.
PLANNING BOARD MEMBERS
Richard G. Ward, Chairman
George Ritchie Latham, Jr.
Bennett Odowski, Jr.
Mark S. McDonald
Kenneth L. Edwards
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
State Environmental Quality Review
NEGATIVE DECLARATION
Notice of Determination Non-Significant
Town Hall, 53095 Main Road
P. O. Box 1179
Southold, NewYork 11971
Fax (516) 765-3136
Telephone (516) 765-1938
January 9, 19~5
This notice is 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:
Proposed lot line change for
John H. & James McNeil
SCTM#:
1000-103-13-16, 18.1, 19 20 & 21
Location:
Fleet Neck & Old Pasture Rd., Cutchogue
SEQRA Status: Type I ( )
Unlisted ( X )
Conditioned Negative Declaration: Yes ( )
No (X)
Description of Action:
This lot line change is to change the lot lines of two existing parcels of
111,351.29 square feet and .299 square feet into two parcels of 55,721 square
feet and 55,631 square feet.
Page 2
SEQRANegative Declaration -John H. and James McNeil
Janua~ 9,1995
Reasons Supporting This Determination:
This project involves a lot line change that will result in a non-conforming
lot becoming conforming; thus the change will not be a more intensive use
of the land.
An Environmental Assessment Form has been submitted and reviewed,
and it was determined that no significant adverse effects to the
environment were likely to occur should the project be implemented
as planned.
The applicant will have to comply with the requirements of the Suffolk
County Sanitary Code (SCSC) and all relevant standards of water supply
and sewage disposal systems. Design and flow specification, subsurface
soil conditions and site plan details will have to be approved by the Suffolk
County Department of Health Services (SCDHS). This impact is not
considered significant due to the anticipated project compliance with
established requirements of the SCSC and the SCDHS and the required
relevant permits.
For Further Information:
Contact Person: Robert G. Kassner
Address: Planning Board
Telephone Number: (516) 765-1938
cc: Langdon Marsh, DEC Albany
Suffolk County Dept. of Health
Judith Terry, Town Clerk
Southold Town Building Dept.
Applicant
ENB
PLANNING BOARD MEMBERS
Richard G. Ward, Chairman
George Ritchie Latham, Jr.
Bennett Odowski, Jr.
Mark S. McDonald
Kenneth L. Edwards
Town Hall, 53095 Main Road
P. O. Box 1179
Southold, New York 11971
Fax (516) 765-3136
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
December 21 , 1994
Abigail A Wickham
Wickham, wickham & Bressler
Main Road, P.O. Box 1424
Mattituck, NY 11952
RE: Proposed Lot Line Change for
James and John McNeil
Fleets Neck Road Road, Cutchogue
SCTM# 1OO0-103-18.1, 19 & 20
Dear Ms. t4ickham,
A review of the file of the above proposed Lot Line Change
indicates that the check in the amount of fifty dollars has
expired. We also note that the file lacks an application form,
the other forms are in the file.
We are continuing to process this application and will
environmental review with a declaration at our public
danuary 9, 1995.
close the
meeting of
Please forward a new check and a completed application form so
that the Board can proceed with its review.
If you have any questions, or require further information,
please contact this office.
WILLIAM WICKHANI
ERfC ,J BRESSLER
ABfGAIL A WlC KHAM
LYNNE M GORDON
LAW OFFICES
WlCKHArvl, WlCKHAM 8: BRESSLER, P.O
MAIN ROAD, P.O BOX 14Z4
MATTITUCK, LONG ISLAND
NEW YORK 11952
November 30, 1994
Southold Town Planning Board
Southold Town Hall
Main Road
Southold, New York 11971
Attn: Mr. Robert Kassner
Re:
Dear Mr. Kassner:
John H. and James McNeil
Lot Line Change
Enclosed are three prints of map of proposed lot line change
for the McNeil property. Tax Lot 20 has been in joint names
(John and James McNeil) since 1963. The remaining tax lots were
acquired by John McNeil from 1951 to 1967. The McNeils would
like to separate the residence from the southerly lots. The lot
line change would eliminate one very small lot, Tax Lot 20, and
create two better proportioned lots.
Please consider this submission an amendment to the current
application, and schedule this matter for review by the Board. I
would like to attend the meeting, so please advise as to the date
and time.
AAW:mh
encl.
30-kassmcne
LAW OFFICES
WlCKHAM, WICKHAN1 & BRESSLER, Pc
MAIN ROAD, PO BOX 1424
NIATTITUCK, LONG ISLAND
NEW YORK 11952
October 12, 1994
Southold Town Planning Board
Southold Town Hall
Main Road
Southold, New York 11971
Attn: Mr. Robert Kassner
Re: John H. and James McNeil
Dear Mr. Kassner:
The McNeils have asked me to amend their lot line change
application to include the entire property they own at West Creek
Avenue, Cutchogue, as we discussed several weeks ago.
I have asked the surveyor to amend the map and will submit
it to you upon receipt.
Ve~//truly yours,
30-kassmcne
CT !99
SOUTHOLD 'fOWN
PLANNING BOARD
8880 Nelson Wood Ln.
Gloucester, VA 23061
April 20, 1994
Planning Board Office-Town of Southold
Town Hall, 53095 Main Rd.
P.O. Box 1179
Southold, New York 11971
Gentlemen:
Enclosed is an application for a lot line change (three
lots into two lots). The name of the project is the
John/James McNeil Estate. The tax map numbers of the
property affected by the lot line change are as follows:
103-13-19
103-13-20
103-13-18.1
(Liber 5253,
(Liber 5353,
(Liber 9123,
pp 17-20)
pp 595-596)
pp 76-79)
The reason for submission of the material is for a lot
line change. Upon approval of the lot line change the
property would be sold as two one-half acre plots. The
first one-half acre plot is an empty building lot. The
second one-half acre plot includes a house. (We wish to
obtain an approval for a building permit on the empty one-
half acre lot).
Enclosed are copies of deeds for the original plots.
We can be reached during office hours at (804) 578-3645
(Grumman Aerospace). Between 4:00 pm and 5:30 pm we can be
reached at the following number (804) 694-7062 (Cellular
Telephone). Any other time, including weekends we can be
reached at (804) 693-9255 (home phone).
Enclosed is the $50 fee for the lot~line change.
Yours truly,
James J. McNeil
John H. McNeil
2o8
p/o 2o9
$outhold Town, Suffolk County, New York
Two thousand and 00/100 ...................
;ylng and ~ng in the Town of Southold, at Fleets Neck, Outchogue, Suffolk
Dounty, New York, bounded and described as follows:
BEnINNIHG at a monument at the intersection of the southwesterly line
of Fleets Neck Road with the southeasterly line of Old Pasture Road$
from said point of beginning running along said southwesterly line of
mleets Neck Road S. 45° 29' E. lbO.13 feet; thence along land con-
veyed or about to be conveyed by the oarty of the first pa~t to
~Tames J. McNeil, S. 44o 31' W. 100.0 feet to a monument; thence along
land of James and Helen McNeil N. ~5° 29' W. 145.98 feet to said
southeasterly line of Old Pasture Road, thence along said southeast-
erly line N.47° 52' E. 10Q.17 feet to the point of beginning.
~MJE~CT t~ the following covenants and restrictions:
That not more than one dwelling shall be constructed on the premises
for each 100 feet of road frontage; that any house oF bungalow erected
or maintained shall cost not less than $7000.00 and shall be at least
35 feet back from the 1'~ont boundary line of the lot,including porch
and piazza. That no outbuildings shall be erected other than the
usual garage, and said garage shall be in connection with or Joined
to the house or bungalow, or so erected that it shall be at least
90 feet back from the front boundary .line of the lot; that the
premises shall be used for dwellin= purposes only; and nothing
which shall be a nuisance, ~nwholesome or offensive to the neigh-
borhood shall be Dermttted on said lot; that no fowl or pigs shall
be kepi on said nremises.
TO~ETI4J~R wilh all ~ight, title and in[ctes~, ~f any, ol the party ol the first part in and to any s~cc~s and
AND the par'y of the first part covenants that the party of the first part has not done or suffered anytfiing
whereby the said premises have been incumbered in any way whatever, except a~ aforesaid.
AND the party of the first part, in compfi~nce with Section 13 of the Lien Law, covenants that the party of the
first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a
trust fund to be applied first for the purpos~ of paying the cost of the improvement and will apply the same first to
the payment of the cost of the improvement before using any part of the total of the ~xrne for any other purpose.
The word "party" shall be construed as if it read "paxtles" whenever the sense of this indenture so requires.
IN I~TNF~$ WHEREOF, the Pariy of the first part has duly executed this deed the day and year first above
written.
On the Iq day of October 1962 , before meI On the day of 19 , before me
On the day of 19 , before mc
personally came
to mc known, who. being by me duly sworn, did depose and
say that he resides at No.
that he is the
On the day et 19 . before me
the subscribing witness to the foregoing instrument, with
whom I am personally acquainted. ~,ho, being by me duty
sworn, did depose and say that he resides at No.
that he lmows
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
~ SOUTHOLD lOWNbourholc Town Hall
PLANNING BO^R~.~OgF /lain Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OFSOUTHOLD
I. Chapter 100 (ZONING) of the Code of the Town of Southold is
hereby amended by adding a new Section 100-244.1 to read as follows:
100-244.1. Merger of Nonconforming Lots.
A. Whenever two or more nonconforming parcels of property abut
at a common course of 50 feet or more in distance and are held in the
same {common} ownership, such parcels are deemed "merged" to form
one (1) lot of increased lot area and/or width. The zoning bulk
schedule requirements for the combined (larger) area shall apply.
B. The following exceptions to this Article shall apply, and the
subject lands shah not be deemed merged if one or more of the following
apply:
1. The lot(s) was/were created by deed recorded in the
Suffolk County Clerk's Office on or before June 30, 1983 and which lots
conform to following minimum lot area requirement(s) when created:
(a) Prior to December 1, 1971:20,000 sq. ft.
(b) Between December 1, 1971 and June 30, 1983:
A Residential Zone: 40,000 sq. ft.
M Light Multiple Residence: 40,000 sq. ft.
M-1 Multiple Residence Zone: 80,000 sq. ft.
C-Light Industrial Zone: 40,000 sq. ft.
C-1 lleavy Industrial Zone: 200,000 sq. ft., or
2. The lot in question is on a subdivision map grandfathered
or exempted as shown on the current, or subsequent, Southold Town
Zoning Code, or
3. The lot in question is shown on a subdivision map
approved by the Southold Town Planning Board, o~r
4. The lot(s) in question is/are shown on a map approved by
the Southold Town Board, or
5. The lot(s) in question is/are approved and/or recognized
by formal action of the Board of Appeals, or
6. Thc lands were in single and separate ownership prior to
June 30, 1983 and continuously thereafter, as shown by a certified
single-and-separate search prepared by a Suffolk County title insurance
company, indem~fifying the Town of Southold with insurance of $25,000,
and attaching copies of deeds and a detailed explanation of the basis or
Page 2 - Proposed 19]~ger Law
Soutbold Town Board of Appeals
parameters used to make a determination that the lot in question was
single and separate and what time period.
C. In considering any and all requests under this rule, the
Building Inspector shall require the following documentation to be
submitted by the property owner or his authorized agent in considering
this prevision and before issuance of said certificate or building
permit thereunder:
(1) (a) abstract of title certified by a Suffolk County
title insurance company insuring the Town of Southold at a minimum of
$25,000 issued by a title company providing an accurate search as to all
predecessors in title and current owners of the entire parcel of land
from the present time to April 9, 1957, and a signed statement from
the title insurance company providing a detailed description of the
period of time in which a merger had existed due to common ownership
of contiguous lots, and if no merger existed then an explanation of the
parameters used to make said statement;
or
(b) a copy of the Town action approving the subject
parcels, as exist since their creation; and
(2) application form or letter from the current property
owner stating a description of the proposed project and the purpose of
his request; and
(3) copies of current and all prior deeds of predecessors in
title dating back to 1957; and
(4) copy of the current Suffolk County Tax Map, and
(5) original print of a survey of the parcel or parcels under
consideration; and
(6) other additional information or documentation as may be
deemed necessary by the Building Inspector; and
(7) filing fcc of $200.00.
D. No building permit shall be issued unless this chapter is
complied with and the Building Inspector has provided the all applicable
exceptions in basing his determination, in writing, as part of the
permanent building permit or Certificate of Occupancy record.
E. Whenever a nonconforming lot or tract of land is joined by
common ownership to an abutting lot or tract of land, the greater area,
width and yard requirements for this zoaing district shall be applicable
to the total combined area.
Draft Revised April 1993, June 1994, July 1994, A~ugust 1994~
LAURY L. DOWD
Town Attorney
TO:
FROM:
RE:
DATE:
OFFICE OF THE TOWN ATI'ORNEY
TOWN OF SOUTHOLD
MEMORANDUM
PLANNING DEPARTMENT
BUILDING DEPARTMENT
ZONING BOARD OF APPEALS
ASSESSORS
TOWN ATTORNEY
MERGER OF NONCONFORMING LOTS
JUNE 7, 199~
Town Hall, 53095 Main Road
P. O. Box 1179
Southold, NewYork 11971
Fax (516) 765-1823
Telephone (516) 765-1800
We met on June 2 to discuss the interpretation of Southold Town Code 100-2t~,
which provides for mergers of nonconforming lots. We agreed that I would set
forth my interpretation, to be reviewed by all, so that the Town will have a
uniform application of the merger provisions.
The merger statute only applies to non-conforming lots (substandard in size
under current zoning). Under 100-24~, all non-conforming lots merged
automatically as of 1/89 unless they were separately owned and not adjoining any
lot or land in the same ownership from the date of any previously applicable
zoning to the present. Other exceptions are:
If the lots remained in single and separate ownership, the building
department is authorized to give them a building permit under the
setbacks and lot size in effect when the subdivision map was
approved (if the map was filed with the county and dated after
~,/9/57).
If the single and separate lot was not part of a recorded subdivision,
or predated q-/9/57, the ZBA is authorized to grant certain front and
side lot relief.
All lots listed in Southold Town Code 100-12 are exempted from the
lot area and width requirements of the zoning ordinance, so they are
not nonconforming lots and are not merged.
An area variance from the ZBA is available if merger would create
practical difficulties, et cet. .- ----~= ......
SOUTHOL9 TOWN
There are some judicially created caveats in finding "single and separate
ownership." Lots which are under common ownership but which are divided by
a zoning district line are deemed separately owned lots and not subject to
merger. Creamer v. Younct 16 M2d 676, Christian v. Laufer 24 AD2d 624.
Common ownership of the property by the county during a tax sale does not
effect a merger. Irace v. Kramer 20 M2d 432.
While the merger ordinance may seem harsh, it is intended to eliminate
non-conforming uses, so everyone is on a level playing field. The ZBA has
suggested some liberalization in the merger statute that would eliminate mergers
on lots that were conforming at the time when they were created. Such a
change in the ordinance is always a possibility, especially if staff thinks the
above interpretation is unworkable.
Please consider and discuss the above analysis with your boards and staff so
that we can come to a mutual agreement on mergers. Once we decide how
properties merge, we should decide how to apply the statute. The current
practice is to have the Building Official review non-conforming lots in
connection with applications for building permits and other approvals, and
decide whether the merger ordinance applies and whether the owner needs to
seek a variance. The Assessor's office does not merge properties of its own
accord.
Please let me know if you have questions. Bob Kassner will set up the next
meeting on this topic when the Planning Board has had a chance to consider
the issue.
20.,2
4.3
§ I00-243 SOUTHOLD CODE § 100-244
§ 100-243. Nonconforming buildings with nonconforming uses.
A. A nonconforming building containing a nonconforming use
shall not be enlarged, reconstructed or structurally altered or
moved unless the use of such building is changed to a
conforming use.
B. A nonconforming building containing a nonconforming use
which has been damaged by fire or other causes to the extent
of more than fifty percent (50%) of its fair value shall not be
repaired or rebuilt unless the use of such building is ehangsd
to a conforming use.
§ 100-244. Nonconforming lots.
A. This subsection is intended to provide minimum standards for
granting of a building permit for lots made nonconforming or
continued in a state of nonconformance by the adoption of this
Article and that were singly and separately owned as of the
effective date of this Article.
at the effective date of this
and not adjoining any lot or land in the same
ownership at any time subsequent to such
m accordance with all the other applicable provisions of this
chapter, ' · -
changes of title to said lot, which abstract shall be in the usual
form, shall be certified by an attorney or a company regularly
doing such work in Suffolk County or by a corporation duly
licensed to examine and ensure title to real property in Suffolk
County .... - ·
lot shall be granted relief for frent side and rear yard
dimensions as follows:
§ 100-244
Isquare feet)
20,000
to
ZONING.
§ 100-250
Lot Yard
Width Depth Front Side Both Sides Rear
Coverage (feet) (feet) (feet) (feet) (feet) (feet)
20% 120 140 40 15 35 50
20% 80 100 35 15 25 35
In the case of single and separate ownership of a nonconform-
ing lot located in a subdivision plat, approved after April 9,
1957, by the Planning Board of the Town of Southold and filed
with the County Clerk of Suffolk County, relief for all front,
side and rear yard and area dimensions shall be granted to the
extent that such front, side and rear yard and area dimensions
were required at the time the map was originally filed with
the County Clerk of Suffolk County.
§ 100-245. Repairs and maintenance.
Notwithstanding any of the foregoing regulations, nothing in this
Article shall be deemed to prevent normal maintenance and repair of
any building or the carrying out upon the issuance of a building
permit of major structural alterations or demolitions necessary in the
intcrest of public safety.
§ 100-246. Involuntary moves.
Sections 100-241A and B and § 100.243A herein are not intended to
apply to involuntary movements of uses or structures as a result of
condemnation actions or other litigation.
ARTICLE XXV
Site Plan Approval
[Added 1-10-89 by L.L. No. 1-1989; amended
5-23-89 by L.L. No. 9-1989]
§ 100-250. Applicability.
This Article shall apply to every land use that is permitted in the
Town of Southold except the single-family home use on a single and
10145
S~TE
-~ SURVEY OF PROPERTY FOR
~ = ~o.o' ~ ~0
~ ~ ~,~' ' ~. L 0 T LINE CHANGE
~ ~ ~. ~ A T FLEETS NECK
~ ~ ~0 SUFFOLK COUNT~ N ~
, ,,, /V ~ ~ ~ Feb 22, 1994
.'*~ ~. ZON/NG D/STRICT, R4Q
Prepored /~ accordonce with /he minimum
slandards /or title surveys os es/ab/ished
by /he L.LA.L.S. and approved and odop/ed
/or such use by The New York S/ale Land
Title Associolion.
~ OWNERS
JAMES Mc NElL
' / ~' 185 WES T CREEK AVE.
,.90 ,
" ,, ~,/~- CUTCHOGUE, N.Y.
"~ % "~. ~k,~~(k'' JOHN H. McNEIL
CIO JAMES McNEIL
'°°' ~ t85 WEST CREEK AVE.
4' CUTCHOGUE, N. Y.
'~- EXIS TING AREA S
I000 - I03 - 13 - 18.1 = 28,3£6 sq. ft.
~ x6- /OOO - 103 - /3 - 19 = /4,3Q5 sq.//.
.. ~ ~, /OOO - 103 - 13 -2Q = 13,000 sq.//.
-'~°~' TOTAL AREAS 55,63/ sq.//.
CONTOUR LINES ARE REFERENCED TO FIVE EASTERN
TOWNS TOPOGRAPHIC MAP
SOUTHOLD TOWN
(516) 7~
P. O. BOX 909
MA/N ROAD
SOUTHOLD~ N.Y. //97/
94-113
TYPICAL WELL
TYPICAL SEWAGE DISPOSAL
S YS TEM
~"~l- ~'K ) ~ .~' ~,
ROAD
TYPICAL PLOT IELAN
EXCEPT AS PER SECTION 7~O~UBDIVI~ION P_ ALL C~TIF'iCA~NS
~Z~Z~V A~Z VAL~ rO~ ~S U~P ~ CO~S
Scale I' = 600'
LAND DIVISION FOR
JAMES McNEIL & JOHN H. McNEIL
A T CUTCHOGUE
TO WN OF SOUTHOLD
SUFFOLK COUNTY,
1000-103-13-16,18. I, 19,20&21
Scale; 1"= 100'
Nov. 16, 1994
AREA LOT I= 5§,721s~ ft.
AREA LOt2;
TOTAL AREA - ~ a~ ~.
SCHOOL D/STRICT - 9
FIRE DISTRICT - 29
I DO CERTIFY THAT THE MAP WAS MADE BY US FROM
ACTUAl. SURVEYS COMPLETED /9~ ~
AND THAT AL[- CONCRETE MONUMENTS SHOIif~l THUS~ ~
HEREON ACTUALLY EXIST AND THEIR POSITIONS ARE
CORRECTL Y ~HOF/N AND ALL DIMENSIONS AND ~EODETIC
DETA/LS ARECORRECT. ,~_~.~_
SIONA T~RE OF
J~7= TAX MAP LOT NUMBER
CONTOUR LINES ARE REFERENCED
TO THE FIVE TO~VNS TOPOGRAPHICAL,'
MAPS.
OWNERS ~
JAMES McNEIL
lB5 WEST CREEK AVE.
CUTCHOGUE~ N, Y.
JOHN H. McNEIL
CIO JAMES McNEIL
185 WEST CREEK AVE.
CUTCHOGUE~ N. Y.
APPROVED BY
PLANNING BOARD
'roWN OF 5oUTHOLD
DATE
DEC '1 1994
SOUTHOL
PLANNING BOARD
PECONIC' ,~URVEYORS~ P.C.
[516) 7'65 - 50~0
P.O. BOX 909
MAIN ROAD
$OUTHOLD~ N,Y. 11971
94-176