HomeMy WebLinkAbout1000-115.-3-18.3
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
DATE:
southold Town Board of Appeals
southold Town planning Board
David Walker/Turtle Associates
SCTM# 1000-115-3-18.3
October 20, 1988
TO:
FROM:
RE:
The Planning Board recommends that the Zoning Board of Appeals
not grant an area variance for this proposal because it is
inconsistent with the proposed Master Plan which was endorsed by
the Planning Board.
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APPLICATION FOR APPROVAL OF PLAT oU' 'J\\.\
_' F, \,)ti~
To the Planning Board of the Town of Southold: '\~; ,
~
The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision plat in
accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town
Planning Board, and represents and states as foIl mvs:
contract vendee
L The applicant is the OU/:Kftl{l!:!<UiXi1tli of the land under application. (If the applicant is not the
owner of record of the land under application, the applicant shall state his interest in said
land under application.)
2. The name of the subdivision is to be . ,&"k'.o.U. p.f. .1?rpp."ny. .:t:qr. :r.4,p.e. .i).~~P.<;:i,,,~~.s.'
...............................................................................................
3. The entire land under application is described in Schedule "Au hereto annexed. (Copy of deed
suggested. )
. ~~~fract venrlee
4. The land IS held by the x1ittii:under aeeds recorded in Suffolk County Clerk's office as
follows:
Liber ..... ~.7.~ ~.. .. .. .. .. . .. . Page
433
On
October 31, 1979 .
. . . . . . . . . . . . . . . . . . . . . . . ,
......................
Liber ........................ Page
. . . . . . . . . . . . . . . . . . . . . .
On
........................
Liber ........................ Page
. . . . . . . . . . . . . . . . . . . . . .
On
.......................,
Liber ........................ Page
......................
On
. . . . . . . . . . . . . . . . . . . . . . . .
Liber ........................ Page
......................
On
........................
as devised under the Last 'Will and Testament of
.......................................
or as distributee
........................................................................
...............................................................................................
S. The area of the land is . !,.1::)(?\l~.. '. 7? . . ... acres.
6. All taxes which are liens on the land at the date hereof have been paid except ............
............................................................................................
7. The land is encumhered by
mortgage (s) as follows: .
no
..............................................................
(a) i\fortgage recorded in Liber .............. Pag-c ............. ,.... in original amount
of $. . . . . . . . . . . . .. unpaid amount $ ..... .
. . . .. held by ......................
. . . . . . . . . . . . .. address ..................
......................................
(h) 1\fortgage recorded in Liber .........
Pag-e ....................... in original amount
of .............. unpaid amount $...... . . . . . . . . . . . . . . .. held by ......................
. . . . . . . . . . . . .. address .................
..............................................
. '.
.
.
(c) Mortgage recorded in Liber .............. Page................ in original amount
of .............. unpaid amount $...... . . . '. .. . .. .. .. ... held by ......................
......................
address
. . . . . . . . . . . . - . . . . . . . . . . . . . . . . . . . ! . . . . . . . . . . . . . . . . . . . . . . . .
8. There arc no other encumbrances or liens against the land except
none
. . . . . . . . . . . . . . . . . . . . . . . .
9. The land lies in the following zoning use districts . .4.!<!,.sjc;l!'~~~~~:-.A:g,~!,.,!~~!,.r.~~......
.....................................-..................................................
10. No part of the lancllies under water whether tide water, stream, pond water or otherwise, ex.
cept ...................................................................................
11. The applicant shall at his expense install all required public improvements.
12. The land (does) (does not) lie in a \Vater District or Water Supply District. Name of Dis.
trict, if within a District, is
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13. Water mains will be laid by ....Ii {JI... .~11!i.:i, '(:!-II!l.a),. \"l!,.l.lo .. . .. .. . .. .. .. .. . .. .. .. .. .. .. ..
and (a)
(no) charge will be made for installing said mams.
14. Electric lines and standards will be installed by ....... lit f.... .. .. . .. .. ... .. .. .. .. .. . .. ...
.....................................
and (a)
(no) charge will be made for installing said
lin'es.
IS. Gas mains will be installed by............... .!il/A.......................................,
and (a) (no) charge will be made for installing said mains.
16. If streets shown on the plat arc claimed by the applicant to be existing public streets In the
Suffolk County I-ligh\\I'ay system, annex Schedule "E" hereto, to slIo\v same.
17. If streets shown on the plat arc claimed by the applicant to be existing public streets In the
Town of Southold .IIighway SystClll, annex Schedule "e" hereto to show same.
J8. There arc no existing- buildings or structures 011 the land which arc not located and shown
011 the plat.
19. \Vhcrc the plat :-;hows propu::;ccl streets \\' hich arc extensions of streets OIl aujoining- sub-
division maps heretofore filed, there are 110 reserve strips at the end of the streets on said
existing- maps at their conjullctiolls with the proposed streets.
20. In the course of these proceedings, thc :tpp licant will oiicr proof of title as required by Sec.
335 of the Real Property Law.
21. Submit a copy of proposed deed for lots ~ho\','i:lg all restrictions, co\'cnants, etc. Annex
Schedule "D",
.
.
22. The applicant estimates that the cost of grading and required public improvements will he
$. . . fiJ/ A ... as itemized in Schedule <IE" 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 otherwise shown on Schedule UF".
DATE
January 15
..............................J
88
19... .
Turtle As
. -. -............. .
(Name of
.8.4 .. ,r,QI}t. .S.t;,\'!'.t... )'9. .Il9<'. . . ),. ~.:r:~\'!'P.q,t. NY
(Address)
STATE OF NEW YORK. COU"TY OF .~Vf.E:qle~......................., 55:
On the
. . . . .1. 1. ~ . . . . day of. . . . . ~.":r:,:,ar.J: . . . . . . . . . . . . . . ., 19 .~~ . . ., before me personally came
. . . .J:, . !<.ex:!-!,. M~le~!,g,I]~:!-!,. . . . . .. .. .. . . . . . .. to me known to be the individual described in and who
executed the foregoing instrument, and ackno\....ledged that.... .Q.~..... executed the same.
LAURIE E.GRAEB ~. ~ ~ .
~.'m'f~18~~~gtkN~::;*.. ....".. ... 4.~~.. G. ..~.
Term Expires September 30, 1988l otary Pub! e /
STA TE OF NEW YORK, COUNTY OF ........ .................... 55:
On tbe ................ day............ of .............., 19......, before me personally came
. . . . . . . . . . . . . . . . . . . . . to me known. who being by me duly sworn did de-
pose and say that . . . . . . . . . . .. resides at No. ....................................................
. . . . . . . . . . . . . . . . . . . . . . . that .......................... is the ..........
~.................. ..................................................
the corporation describe,l in and which executed t he foregoing- instrument; that ............ knows
tile ,';('(11 of said curporation; that the seal affixed by order uf the boanl of directors of said corporation.
a1111 tklt ............ ~igncd .............. name thereto by like order.
"otary Public
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Southold Town Planning Board
Town Hall
Southold, New York 11971
Re: Set-off for Turtle Associates
Gentlemen:
The following statements are offered for your consideration
in-the review of the above-mentioned minor subdivision and its
referral to the Suffolk County Planning Commission:
(1) No grading, other than foundation excavation for a
residential building is proposed.
(2) No new roads are proposed and no changes will be made in
the grades of the existing roads.
(3) No new drainage structures or alteration of existing
structures are proposed.
Yours truly,
TURTLE ASSOCIATES
By:
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NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
DIVISION OF REGULATORY AFFAIRS
PROJECT 1.0. NUMBER
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I ProJect Information (To be completed by Applicant or Project sponsor)
1- Applicant/sponsor 12 Project Name
Turtle Associates Set-off for Turtle Associates
J. Project location:
Municipality Mattituck County Suffolk
.. Is proposed action:
IXJ New 0 Expansion o Modificationfalteration
-
S. Describe prOject briefly:
Set-off subject parcel (Tax Map No. 1000-115-03-18.3) which has been
previously set-off and sold without Planning Board approval
.. Precise location (road intersections. prominent landmarks, etc. or provide map)
1300 Marratooka Lane, Matttiuck, New York. Also, see enclosed survey
7. Amount 01 land affected:
Initially about .75 acres Ultimately about .75 acres
8. Will proposed action comply with existing zoning or other existing land use restrictionsl
DYes IXl No If No, describe briefly
Need Planning Board approval for set-off and Zoning Board of Appeals variance
for insufficient area
~ -
,. What is present land use in vicinity of proJect!
1XI Residential o Industrial 0 Commercial o Agriculture o Parkrandfopen space o Other --
Descnbe:
.-,
10 Does action involve a permit/approval. or funding, now or ultimately, from any other governmental agency (Federal, state or local)l
1XI Yes o No If yes, list agency(s) and permit/approvals
Southold Town Planning Board
Southold Town Board of Appeals
11. Does any aspect of the action have a currently valid permit or approvall
DYes Qg No If yes, list agency name and permit/approval type
12 As result of proposed action WIll eJl.isting permit/approval require modification!
o Yes IX] No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS rRUE TO THE BEST OF MY KNOWLEDGE
"t7 Tu7tle J."" dates I) /J
AppltcantJsponsor Date: 1/15/88
./" /; '-- ./ j !
- ~VI'. V" <:
Signature
./ ....... , / V'
~ V .
" the action is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment .
OVER
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Southold. N. Y. 11971
(516) 765-1938
QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED
WITH YOUR APPLICATIONS FORMS TO THE PLANNING BOARD
Please complete, sign and return to the Office of the Planning
Board with your completed applications forms. If your answer
to any of the following questions is ~, please indicate
these on your guaranteed surveyor submit other appropriate
evidence.
1. Are there any wetland grasses on this parcel? Yes
(Attached is a list of the wetland grasses defined
by the Town Code, Chapter 97, for your reference)
2. Are there any other premises under your ownership
abutting this parcel? Yes
3. Are there any building permits pending on
this parcel?
Yes
4. Are there any other applications pending
concerning this property before any other
department or agency? (Town , State, County,
-==
etc.)~
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
of occupancy, if yes please submit a copy of same
Yes
~
~
EJ
No
~
@
d9'
ts are true and will be relied
s'dering this application.
1/15/88
date
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Attachment to questionnaire for the Planning Board
STATE OF NEW YORK, COUNTY OF SUFFOLK, ss:
On the
{ qcU" day of
,
January
, 19~, before me personally
came
J. Kevin McLaughlin
to me known to be the
individual described in and who executed the foregoing instrument,
and acknowledged that
he executed the same.
y~ . ~ O.
~~A...l 0 ~~ rJA.A a.l... .J
Notary Public ,~
LAURIE E. GRAEB
Public State 01 New York
NolMYN 482181'8. SullolkCounty..
...:'~ September 30. 1l18l1
.
.
.
To Whom It May Concern:
I am the owner of certain real property more accurately
depicted on a copy of a certain deed annexed hereto.
I do hereby authorize TURTLE ASSOCIATES, a New York
partnership, to make any and all applications to any and all
governmental entities for permits necessary to construct a
private one-family dwelling on said property.
Very truly yours,
r;J~ e ()Jd-&
David C. Walker
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828 FRONT STREET, P. O. BOX 803
GREENPORT. NY 11944
16161477-1016
January 20, 1988
Southold Town Planning Board
Town Hall
Main Road
Southold, New York 11971
Re: Set-off for Turtle Associates
Gentlemen:
I have enclosed the application forms and filing fee
for the above-referenced set-off application.
JKM/lg
Enclosures
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Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25
SOUTHOLD. L.I.. N.Y. 11971
TELEPHONE (5161 765.1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER. CHAIRMAN
CHARLES GRIGONIS. JR.
SERGE OOYEN. JR.
JOSEPH H. SAWICKI
JAMES OINIZIO. JR.
ACTION OF THE BOARD OF APPEALS
Appeal No. 3708:
Upon application of DAVID WALKER/TURTLE ASSOCIATES for ~
Variances to the Zoning Ordinance, Article III, Section 100-31
for approval of parcel as exists with insufficient lot area and
width and more particularly described in Deed at Liber 8721 page
433 dated October 25, 1979, having been set-off without Planning
Board approval. Location of Property: 1300 Marratooka Lane,
Mattituck, NY; County Tax Map District 1000, Section 115, Block
3, Lot 18.3 (previously part of 18.2).
WHEREAS, a public hearing was held on October 26, 1988,in
the Matter of the Application of DAVID WALKER/TURTLE ASSOCIATES
under Appeal No. 3708; 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 premises in question is located in the Residential
and Agricultural Zoning District and is identified on the Suffolk
County Tax Maps as District 1000, Section 115, Block 3, Lot 18.3
(previously part of 18.2).
2. The subject premises as exists is vacant, contains a
total lot area of 24,752 square feet, and has frontage along
Marratooka Lake of 58+- feet and Marratooka Lane of 89.50 feet,
as more particularly shown on the Map prepared by Roderick
VanTuyl, P.C. June 14, 1988 and Survey Map Prepared October 3,
1979, amended June I, 1987.
Page 2 - Appl. No. 3708
Matter of DAVID WALKER/TURTLE ASSOCIATES
Decision Rendered November 16, 1988
3. By this application, appellant requests Variances from
the Zoning Code for approval of an insufficient lot area of
24,752 sq. ft. and insufficient width (frontage) of 89.50 feet,
as exists and described by Deed dated October IS, 1979 between
the current owner and the prior owner, Robert E. Rehm.
4. Article III, Section 100-31, Bulk Schedule, of the
Zoning Code requires a minimum lot area of 80,000 sq. ft. (eff.
5/83) and lot width (or street frontage) of 175 feet.
5. Article III, Section 100-31 also excepted those lots
having a lot area of less than 80,000 sq. ft. that were "held
in single and separate ownership prior to November 1971, and
thereafter," or were approved by the Planning Board prior to
May 20, 1983. The record shows that this parcel was not held in
single and separate ownership prior to November 1971 and that no
town approvals have been found concerning the set-off of the
subject premises from the adjoining northerly house lot (now of
Lowell) or the adjoining southerly vacant lot (now of Cuddy).
6. In viewing the immediate area within Section lIS, Block
3, District 1000 of the Suffolk County Tax Maps,the following lot
sizes and parcel numbers are identified for the record: (a) Lot
15 at 1.2+- acres; (b) Lot No. 16 at 1.0+- acre in area; (c)
Lot 17 at .95+- of an acre; (d) subsequent to the subject
set-off of 18.3, previously referred to as 18.2, now Lot 18.1 at
1.2+- acres; (e) prior to the subject set-off of 18.3, when
combined with 18.2, Lot 18 (or 18.1) at 2.1+- acres; (fl Lot 19
at 1.3+- acres; (g) Lot 29 at 21,500+- sq. ft. Each of these
parcels are located along the west side of Marratooka Road or
front along the immediate shoreline of Marratooka Lake. (Other
parcels which may also front along Marratooka Lake were not
included since these parcels do not have direct access or
frontage along Marratooka Road and do front along other Town
Roads. )
7. Upon inspection and viewing of the character of the
immediate area (noted abovel, the size of this proposed lot is
substantially smaller, and a majority of the remaining building
lots are substantially larger.
8. In considering this application, the Board finds and
determines:
(a) that it is the burden of the landowner to prove
that the area restrictions as applied to his land imposes
"significant economic injury"; and the burden of proof has not
been substantiated; {Matter of Cowan v. Kern, 41 N.Y. 2d 591
(1977); Matter of FUlling v. Palumbo, 21 N.Y. 2d 30};
Page 3 - Appl. No. 3708
Matter of DAVID WALKER/TURTLE ASSOCIATES
Decision Rendered November 16, 1988
(b that the relief requested is substantial in
relation to the requirements, being a variance of approximately
70%, and meeting only 30% of the 80,000 sq. ft. minimum
requirement;
(c) that the circumstances are not unique and are not
principally related to the property;
(d) that the difficulties claimed are self-imposed,
particularly due to the inaction of the property owner over many
years to apply for and obtain town approvals for the improper
set-offs;
(e) there will be an adverse effect of increased
dwelling density thus produced on available governmental
facilities by the creation of precedents if the variance were
allowed, and will in effect establish a zone district at odds
with all other zone districts provided for in the Zoning Code
(VanDusen v. Jackson 35 A.D. 2d 58);
(f) there will be a substantial change in the
character of the neighborhood and detrimental effect to
neighboring properties;
(g) in view of the manner in which the difficulty
arose and in consideration of all the above factors, the interest
of justice will be served by denying the variance.
Accordingly, on motion by Mr. Dinizio, seconded by
Mr. Sawicki, it was
RESOLVED, that the relief requested under Appeal No. 3708 in
the Matter of the Application of DAVID WALKER/TURTLE ASSOCIATES,
BE AND HEREBY IS DENIED.
Vote of the Board: Ayes: Messrs. Sawicki,
Dinizio. Absent from all deliberations and vote
Grigonis (out-of-state) and Chairman Goehringer.
was duly adopted.
Doyen
were:
This
and
Member
resolution
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,{J /J. ,{;w:~~
OSEPH H. SAWICKI
CHAIRMAN PRO TEM
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Southold Town Board of Appeals
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MAIN ROAD - STATE ROAD 25
SOUTHOLD, L.I.. N.Y. 11971
TELEPHONE (516) 765.1809
.. L~ 0 W ~
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APPEALS BOARD
MEMBERS
:u' \;.1)r-
U
OCT I 4 1988
GERARD P. GDEHRINGER. CHAIRMAN
CHARLES GRIGONIS. JR.
SERGE DOYEN. JR.
ReBERT J. e8I:JCL\&S
JOSEPH H. SAWICKI
James Dinizio, Jr.
NOTICE OF HEARINGS
SOUTHOLD TOWN
PlANNING BOARD
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Code of the Town of Southold, the following hearings
will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a
Regular Meeting at the Southold Town Hall, Main Road, Southold,
NY 11971, on WEDNESDAY, OCTOBER 26. 1988 at the following
times:
7:30 p.m. Appl. No. 3773 - GRETCHEN K. HEIGL. Variance to
the Zoning Ordinance, Article III, Section 100-31 for permission
to connect deck to porch, leaving an insufficient setback from
the south (westerly) property line. Location of Property:
Private Right-of-Way extending off the North Side of Soundview
Avenue, Southold, NY; County Tax Map District 1000, Section 68,
Block 1, northerly part of Lot 14 (now 14.1).
7:40 p.m. Appl. No. 3784 - JAMES YOUNG. Variance to the
Zoning Ordinance, Article III, Section 100-31 for permission to
construct addition to dwelling with insufficient front yard
l.B.A. Legal Notice
-2-
October 26, 1988 Hearings
setbacks from the westerly and southerly property lines.
Location of Property: NE/s Minnehaha Boulevard at "Laughing
Waters," Southold, NY; County Tax Map District 1000, Section 87,
Block 3, Lot 8.
7:45 p.m. Appl. No. 3772 - JOHN G. PHILIPPIDES. Variance
to the Zoning Ordinance, Article XI, Section 100-119.2 for
permission to construct deck addition at rear of existing
dwelling with an insufficient setback from existing bulkhead.
Location of Property: South Side of Old Cove Road, Southold,
NY; County Tax Map District 1000, Section 52, Block 2, Lot 10.1.
7:50 p.m. Appl. No. 3785sE - RAYMOND NINE and CHARLES
ZAHRA. Special Exception to the Zoning Ordinance, Article III,
Section 100-30B{16} for permission to establish "Bed abd
Breakfast Use," "an owner-occupied building, other than a hotel,
where lOdging and breakfast is provided for not more than six
casual, transient roomers, and renting of not more than three
rooms. Location of Property: North Side of New Suffolk Avenue,
Mattituck, NY; County Tax Map District 1000, Section 114, Block
11, Lot 20.
7:55 p.m. Appl. No. 3777 - CARL J. AND RUTH V. NELSON.
Variances to the Zoning Ordinance, Article III, Sections 100-31
and 100-32, and Article XI, Section 100-119.1 for permission to
construct tennis court with 10-ft. high fencing in the front yard
area and total lot coverage in excess of the maximum-permitted 20
--_._~---.,.~ --
'-,
"Z.B.A. Legal Notice
-3-
October 26, 1988 Hearings
percent. Location of Property: 1060 Moore's Lane, Greenport,
NY; Eastern Shores Subdivision, Section 3, Lot 99; County Tax
Map District 1000, Section 33, Block 2, Lot 43.
8:05 p.m. Appl. No. 3786 - MARION SACCONE. Variance to the
Zoning Ordinance, Article III, Section 100-30, for permission to
replace nonconforming trailer with new single-family dwelling, in
addition to the established dwelling structures and uses.
Location of Property: 66075 C.R. 48, Greenport, NY; County Tax
Map District 1000, Section 40, Block 2, Lot 7.
8:10 p.m. App1. No. 3762,- ROBERT G. AND DIANNA BAKER. Bed
and Breakfast proposal, 2900 Boisseau Avenue, Southold;
1000-55-6-9. (Recessed from October 6, 1988).
8:15 p.m. JOSEPH A. STOCKEN/M & N AUTO, INC. Location
of .\//
NY;~
Property: South Side of Front Street (Route 25), Greenport,
County Tax Map District 1000, Section 45, Block 6, Lot 5:
Appl. No. 3783SE - Special Exception to the Zoning
~
Ordinance, Article VIII, Section 100-80 for expansion of the
present property by the addition of a new building to be utilized
for the existing automobile service station and public garage, in
addition to the continued sales of gasoline and proposed retail
(grocery) store uses, all as shown on the August 4, 1988 Site
Plan.
'Z.B.A. Legal Notice -4- October 26, 1988 Hearings
~,,~
~ : ~ Appl. No. 3782 - Variance to the Zoning Ordinance, Article
~ VIII, Section 100-80 for permission to convert existing building
to retail (grocery) store, which is not listed as a permitted use
in this "C-Light Industrial" Zone District, in addition to the
existing sales use (of gasoline and diesel) and proposed new
building for automobile servicing.
f} 8:30 p.m.
Variances to the Zoning Ordinance, Article III, Section 100-31,
for approval of parcel as exists with insufficient lot area and
Appl. No. 3708 - DAVID WALKER/TURTLE ASSOCIATES.
width and more particularly described in Deed at Liber 8721 page
433 dated October 25, 1979, having been set-off without Planning
Board approval. Location of Property: 1300 Marratooka Lane,
Mattituck, NY; County Tax Map District 1000, Section 115, Block
3, Lot 18.3 (previously part of 18.2).
The Board of Appeals will at said time and place hear any
and all persons or representatives desiring to be heard in each
of the above matters. Written comments may also be submitted
r \'1",
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.Z.B.A. Legal Notice
-5-
October 26, 1988 Hearings
prior to the conclusion of the subject hearing. Each hearing
will not start before the time allotted. For more information,
please call 765-1809.
Dated: October 6, 1988.
Notice to Newspapers:
Please publish the above Legal Notice once, to wit, Thursday,
October 20, 1988 and forward one Affidavit of Publication to:
Board of Appeals, Main Road, Southold, NY 11971. Thank you.
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Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 2S
SOUTHOLD. L.I.. N.Y. 11971
TELEPHONE (516) 765.1809
APPEALS BOARD
MEMBERS
ill
019_
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
July t, 1988
SOUTHOlO mWN
PlANNING BOARO
J. Kevin McLaughlin, Esq.
828 Front Street, Box 803
Greenport, NY 11944
Re: Appl. No. 3708 - Turtle Associates
..
Dear Kevin:
Attached is a blank questionnaire, which should
be completed and returned, together with:
(a) a copy of the contract of sale;
(b) Letter of Consent from the current property owner;
(c) recent photographs of the waterfront area;
(d) copies of the previous deeds mentioned in the
Chain of Title prepared by Terramara Abstract Inc. at
Liber 4310 page 208 dated 1/2/47, and at Liber 8045 page
420 dated May 28, 1976.
In reviewing the map and information recently furnished
and shown on the July 14, 1988 map prepared by Roderick Van-
Tuy1, P.C. it appears that the Lots numbered 1, 2 and 3 were
merged in common ownership on and before May 28, 1976. It
is presumed that the lot lines shown on this July 14, 1988
reflect those conveyances made on and after May 28, 1976.
In any event, this matter is expected to be
public hearing during the early part of August.
be forwarded to you within the next week or two.
held for a
Notice will
Attached for your 'nformation are copies of communica-
tions received recently in opposition to this project.
. . . .
,a. ... . . (, (
...-.
Page 2 - App 1. No. 3708
To: J. Kevin McLaughlin, Esq.
Re: App 1. of Turtle Associates
July 1 , 1988
Please forward the items listed in (a) through (d),
supra, as soon as possible in order to complete the file.
Yours very fr'uly,
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
Enclosures
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SOUTHOLD TOWN
PLANNING BOARD
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,i!, ~~e':' Turtle Associates
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o Enclosed please find search on title
r-southOld Town Board of Appeals
Main Road
TO Southold, NY 11971
L Attn:
Linda
(~u 2/16/88
#TER106 dated February 4, 1988.
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J. Kevin McLaugWin
ATIORNEY AT LAW
828 FRONT STREET. P. O. BOX 803
GREENPORT, NY 11944
(516) 477-1016
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Terramare Abstract Inc.
,1.Qf'nl {or
First A merican Title Insurance Company of New York
25 Bowden Square-Southampton, New York 11968 .., 4c..:2/;;o /pr ,CI
(516) 283-7200 ~': . _ . _...-!/"'-'
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TITLE #TERI06
DATE: February 4, 1988
TERRAMAR~ ABSTRACT, INC.
as authorized agent for
FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK
does hereby certify to:
Kevin McLaughlin
THAT it has caused a search to be made in the Office of the Clerk
of the County of Suffolk, in the State of New York against the
premises described herein and premises adjacent thereto on all
sides from 1957 to the present to ascertain the fee chain of title
for the subject premises and abutting premises, and has found only
the returns as set forth herein on the following pages as they
bear a record title; and
DOES certify that "the owners of the premises described herein
have owned the same in single and separate ownership as by law
from October 14, 1976 to date."
THIS company's liability is limited to ONE THOUSAND ($1,000.00)
DOLLARS for negligence only.
TERRAMARE ABSTRACT, INC.
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G~~ , J'
Clarence R. gaDks
President
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SUBJECT PREMISES
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SUFFOLK COUNTY TAX MAP DESIGNATION
DISTRICT 1000 SECTION 115.00 BLOCK 03.00 LOT 018.003
DESCRIPTION
ALL that certain plot, piece or parcel of land, with the buildings
and improvements thereon erected, situate, lying and being in the
Town of Southold, County of Suffolk and State of New York, more
particularly bounded and described as follows:
BEGINNING at a point on the westerly side of Marratooka Lane at
the southeast corner of the herein described premises where the
same is intersected by the northerly side of land now or formerly
of Cuddy, said point also being distant 394.57 feet northerly as
measured along the westerly side of Marratooka Lane from the corner
formed by the intersection of the northerly side of New Suffolk
Avenue with the westerly side of Marratook~ Lane;
RUNNING THENCE from said point of beginning along land now or formerly
of Cuddy, first above mentioned, north 800 56' 50" west, 373.87
feet to the mean high water mark of the Marratooka Lake;
RUNNING THENCE along the mean high water mark of the Marratooka
Lake, on a tie line north 170 57' east 57.51 feet to land now or
formerly of Walker;
RUNNING THENCE along said land the following two courses and distances:
1. South 820 00' 00" east 135 feet;
2. South 880 37' 40" east, 220 feet to the westerly side of Marratooka
Lane;
RUNNING THENCE along the westerly side of Marratooka Lane, south
10 22' 20" west, 89.50 feet to the point or place of BEGINNING.
CHAIN OF TITLE FOR SUBJECT PREMISES
Marie Clarissa Griffin
to
Helen Marguerite Goldsmith
Liber:
Dated:
Recorded:
4310, page 208
January 2, 1947
June 4, 1957
---------------------------------------------------------------------
Sheila A. Wirsing and J. Parker
Wickham as executors under the Last
Will and Testament of Marguerite W.
Goldsmith
to
Robert E. Rehm
Liber:
Dated:
Recorded:
8045, page 420
May 28, 1976
June 7, 1976
---------------------------------------------------------------------
Robert E. Rehm
to
David C. Walker
Liber:
Dated:
Recorded:
LAST OWNER OF RECORD
8721, page 433
October 25, 1979
October 31, 1979
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ADJOINING PREMISES TO TilE SOUTH
DISTRICT 1000 SECTION 115.00 BLOCK 03.00 LOT 018.004
Marie Clarissa Griffin
to
Helen Marguerite Goldsmith
Liber:
Dated:
Recorded:
4310, page 208
January 2, 1947
June 4, 1957
---------------------------------------------------------------------
Sheila A. Wirsing and J. Parker
Wickham as executors under the
Last Will and Testament of
Marguerite W. Goldsmith
to
Robert E. Rehm
Liber:
Dated:
Recorded:
8045, page 420
May 28, 1976
June 7, 1976
---------------------------------------------------------------------
Robert E. Rehm
to
Elaine E. Cuddy
Liber:
Da t'ed:
Recorded:
LAST OWNER OF RECORD
8122, page 212
October 6, 1976
October 14, 1976
ADJOINING PREMISES TO TilE NORTH
DISTRICT 1000 SECTION 115.00 BLOCK 03.00 LOT 018.001
Marie Clarissa Griffin
to
Helen Marguerite Goldsmith
Liber:
Dated:
Hecorded:
4310, page 208
January 2, 1947
June 4, 1957
---------------------------------------------------------------------
Sheila A. Wirsing and J. Parker
Wickham as executors under the
Last Will and Testament of
Marguerite W. Goldsmith
to
Margaret E. Rehm
Liber:
Dated:
Recorded:
8045, page 430
May 28, 1976
June 7, 1976
---------------------------------------------------------------------
---------------------------------------------------------------------
Margaret E. Rehm
to
David C. Walker and Annamae C, Walker
David C. Walker and Annamae C. Walker
to
Jackson Lowell and Eunice Lowell
Liber:
Dated:
Recorded:
Liber:
Dated:
Recorded:
LAST OWNER OF HECOHD
8652, page 251
June 26, 1979
July 3, 1979
10128, page 526
September 2, 1986
September 22, 1986
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Dated: February 4, 1988
Southampton, New York
Presidential Title Agency
Ui~/#lJ;
Clarence R. Banks
President
Sworn to before me this
4 day of February 1988
,
'------------
~<v~--Vol~, Lo,~~~'
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MARY KOLAKOWSKI
NOTARY PUBLIC, State of New York
No. 4870006, Suffolk County
Commission Expire. Sept. 2, 19~
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First American Title Insurance Company
of New York
1050 FRANKLIN A VENUE
GARDEN CITY, NEW YORK 11530
210 COURT STREET
RIVERHEAD, NEW YORK Il901
170 BROADWAY
NEW YORK, NEW YORK 10038
ONE NORTH BROADWAY
P.O. BOX 832
WHITE PLAINS, NEW YORK 10601
188 MONTAGUE STREET
BROOKLYN, NEW YORK Il201
FTWC-125
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Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25
SDUTHDLD, L.I., N.Y. 11971
TELEPHONE (516) 765.1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER. CHAIRMAN
CHARLES GRIGONIS. JR.
SERGE DOYEN. JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
January 21, 1988
J. Kevin McLaughlin, Esq.
828 Front Street, Box 803
Greenport, NY 11944
Re: Variance Application for Turtle Associates/David Walker
Dear Mr. McLaughlin:
This letter will confirm that the above application with
relevant attachments has been received and deemed at this
time incomplete pending receipt of the following:
1. Insertion on the variance application of the Article
and Section of the Code under which this appeal is made (#2);
2. Postmarked Certified-Mail Receipts (for the adjacent
property owners of this lot and the owners adjacent to the
portion from which the set-off is made);
3. Completed and signed Short Environmental Assessment
Form (attached);
4. l.B.A. Questionnaire (attached) together with additional
submissions where applicable;
5. Single and separate title search issued by either a
title insurance company or the Suffolk County Clerk's Office
which would include the history of conveyances between 1957
and 1988 involving this parcel;
6. Map showing the portion of the premises from which this
parcel is being set-off;
Page 2 - January 21, 1988
Matter of Turtle Associates/Walker
To: J. Kevin McLaughlin, Esq.
.
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7. Written comments from the Planning Board (or Town Planner)
following your submission of the Division Map [for appropriate
coordination as applies to their jurisdiction];
8. Disclosure affidavit together with copy of the Contract
of Sale concerning these premises.
Unless otherwise requested, we will file the papers sub-
mitted with the understanding that the application is incomplete
pending receipt of the above items.
Please keep us advised.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
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Enclosures
cc: Planning
Board /'
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Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25
SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 7651809
APPEALS BOARD
MEMBERS
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SOUTHOLD TOWN
PlANNING BOARD
GERARD P. GDEHRINGER, CHAIRMAN
CHARLES GRIGDNIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWICKI
JAMES DINIZIO, JR.
ACTION OF THE BOARD OF APPEALS
Appeal No. 3708:
Upon application of DAVID WALKER/TURTLE ASSOCIATES for
Variances to the Zoning Ordinance, Article III, Section 100-31
for approval of parcel as exists with insufficient lot area and
width and more particularly described in Deed at Liber 8721 page
433 dated October 25, 1979, having been ~f without Planning
Board approval. Location of Property: ~arratooka Lane,
Mattituck, NY; County Tax Map District 1000, Section 115, Block
3, Lot 18.3 (previously part of 18.2). - ---.
WHEREAS, a public hearing was held on October 26, 1988,in
the Matter of the Application of DAVID WALKER/TURTLE ASSOCIATES
under Appeal No. 3708; 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 premises in question is located in the Residential
and Agricultural Zoning District and is identified on the Suffolk
County Tax Maps as District 1000, Section 115, Block 3, Lot 18.3
(previously part of 18.2).
2. The subject premises as exists is vacant, contains a
total lot area of 24,752 square feet, and has frontage along
Marratooka Lake of 58+- feet and Marratooka Lane of 89.50 feet,
as more particularly shown on the Map prepared by Roderick
VanTuyl, P.C. June 14, 1988 and Survey Map Prepared October 3,
1979, amended June 1, 1987.
Page 2 - Appl. No. 3708
'Matter of DAVID WALKER/TURTLE ASSOCIATES
Decision Rendered November 16, 1988
3. By t:his application, appellant requests Variances from
the Zoning Code for approval of an insufficient lot area of
24,752 sq. ft. and insufficient width (frontage) of 89.50 feet,
as exists and described by Deed dated October 15, 1979 between
the current owner and the prior owner, Robert E. Rehm.
4. Article III, Section 100-31, Bulk Schedule, of the
Zoning Code requires a minimum lot area of 80,000 sq. ft. (eff.
5/83) and lot width (or street frontage) of 175 feet.
5. Article III, Section 100-31 also excepted those lots
having a lot area of less than 80,000 sq. ft. that were "held
in single and separate ownership prior to November 1971, and
thereafter," or were approved by the Planning Board prior to
May 20, 1983. The record shows that this parcel was not held in
single and separate ownership prior to November 1971 and that no
town approvals have been found concerning the set-off of the
subject premises from the adjoining northerly house lot (now of
Lowell) or the adjoining southerly vacant lot (now of Cuddy).
6. In viewing the immediate area within Section 115, Block
3, District 1000 of the Suffolk County Tax Maps,the following lot
sizes and parcel numbers are identified for the record: (a) Lot
15 at 1.2+- acres; (b) Lot No. 16 at 1.0+- acre in area; (c)
Lot 17 at .95+- of an acre; (d) subsequent to the subject
set-off of 18.3, previously referred to as 18.2, now Lot 18.1 at
1.2+- acres; (e) prior to the subject set-off of 18.3, when
combined with 18.2, Lot 18 (or 18.1) at 2.1+- acres; (f) Lot 19
at 1.3+- acres; (g) Lot 29 at 21,500+- sq. ft. Each of these
parcels are located along the west side of Marratooka Road or
front along the immediate shoreline of Marratooka Lake. (Other
parcels which may also front along Marratooka Lake were not
included since these parcels do not have direct access or
frontage along Marratooka Road and do front along other Town
Roads. )
7. Upon inspection and viewing of the character of the
immediate area (noted above), the size of this proposed lot is
substantially smaller, and a majority of the remaining building
lots are substantially larger.
8. In considering this application, the Board finds and
determines:
(a) that it is the burden of the landowner to prove
that the area restrictions as applied to his land imposes
"significant economic injury"; and the burden of proof has not
been substantiated; {Matter of Cowan v. Kern, 41 N.Y. 2d 591
(1977); Matter of Fulling v. Palumbo, 21 N.Y. 2d 30};
Page 3 - Appl. No. 3708
'Matter of DAVID WALKER/TURTLE ASSOCIATES
Decision Rendered November 16, 1988
(b that the relief requested is substantial in
relation to the requirements, being a variance of approximately
70%, and meeting only 30% of the 80,000 sq. ft. minimum
requirement;
(c) that the circumstances are not unique and are not
principally related to the property;
(d) that the difficulties claimed are self-imposed,
particularly due to the inaction of the property owner over many
years to apply for and obtain town approvals for the improper
set-offs;
(e) there will be an adverse effect of increased
dwelling density thus produced on available governmental
facilities by the creation of precedents if the variance were
allowed, and will in effect establish a zone district at odds
with all other zone districts provided for in the Zoning Code
(VanDusen v. Jackson 35 A.D. 2d 58);
(f) there will be a substantial change in the
character of the neighborhood and detrimental effect to
neighboring properties;
(g) in view of the manner in which the difficulty
arose and in consideration of all the above factors, the interest
of justice will be served by denying the variance.
Accordingly, on motion by Mr. Dinfzio, seconded by
Mr. Saw i c k i , it was
RESOLVED, that the relief requested under Appeal No. 3708 in
the Matter of the Application of DAVID WALKER/TURTLE ASSOCIATES,
BE AND HEREBY IS DENIED.
Vote of the Board: Ayes: Messrs. Sawicki,
Dinizio. Absent from all deliberations and vote
Grigonis (out-of-state) and Chairman Goehringer.
was duly adopted.
Doyen
were:
This
and
Member
resolution
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~~ OSEPH H. SAWICKI
CHAIRMAN PRO TEM
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