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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. .. . (\; ~I~~\' ~'{ " o9.~t "-C'C.\\j"-t>""V,, ,: \uc"'\~ ~I\~~~~~'f~ ~\l:i\"\\'\. 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 j" " . . 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: . ,. 1+~6-4 (9,'84) n rffdl1 . . 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 ~ ,...' . . .' \,;:':0/, y q, I oj .( I' PP~NNI.~GZSO~I}P '1'- ;JL"""~',,<,f.: T()~ <ll"SOV ;aQLD \:\'"", "'~, 'J -,,.. N ',:-\ ~''Y,t. ~.,# . ~ ,\'I SU~~}~-,~epJ!~TY ~lfi';;fY 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 " '" . . 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 t,O b'{ " Rt.Ct.\\1 .~\I\~~~U ~\\\\\\\\\~~~~~\\'O ~~\~ . . ,/ ~ L(/:'Nn-f~A" ATIORN;;~-'- 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 ., rf- '_' Vr,-,. .~:'o.Ot'). ~~\lW\';C~~'l, \) t... ~'" · {i>i>~Lt~~ ~v ,s:.....I..'.I-v.~_ ~..... . ~ ;...;: ". ...:. . ~;'. . .. c:=J'-'"':, :z:: U"' ..' r-n ~c~.. . ;: <~o./ :1' I~ , 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 * * * lk ,{J /J. ,{;w:~~ OSEPH H. SAWICKI CHAIRMAN PRO TEM It- ~1 .~~ . /vvLi.~ ? ~/I" / . L. f Southold Town Board of Appeals ~"..... 1Io..., MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765.1809 .. L~ 0 W ~ ill 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", . . .. .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. -----------------------------------------------------------------x (' . ( . 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 .~ . . . ,j) ~ a w ~~ ~ U' U /J,i,.lG /91~ SOUTHOLD TOWN PLANNING BOARD . ~).. i ~~./#Ie/nO ( . ,i!, ~~e':' Turtle Associates t,,\V i~.. .; 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. F,. -0f-/pp- ;.::l:r~'; r{'~':"'-"-'i9 i,,:~';:i.:t~:.:.',' I';~" "" ~U.t", l.; ,. L!..-. ..~I.':'~Y.l~~ J. Kevin McLaugWin ATIORNEY AT LAW 828 FRONT STREET. P. O. BOX 803 GREENPORT, NY 11944 (516) 477-1016 -. . ( ( 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 ~': . _ . _...-!/"'-' i', ,. ,""' i: ",. ',"i,:: ;i~1."~n:, ~: ),f~~;,~w j.d 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. /,,/ ~~l~ I. :; ~. ?'~ G~~ , J' Clarence R. gaDks President - ( SUBJECT PREMISES .. ( 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 ( . . --..,,- ( 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 . ( . ( . ----. 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,~~~' '-- d MARY KOLAKOWSKI NOTARY PUBLIC, State of New York No. 4870006, Suffolk County Commission Expire. Sept. 2, 19~ r . '-- ......... .... /' "'.... . \. ,,' \ uJ' . -:~ \ ~', "~ .. . . "' r- , 01 uJ . \ tJ)\ :.. __---1 ~\ , " lUll \ , , . " " t.. ~ ~. '\" , ,v....:..;:r1TOUKA \ , . ^ .. :...AKE / / < 3 ,/ 5.2 2 2 A \cl :. . ~ r'~ \ 4') ;a,t..(cl -, , , , \ I: I . , \ , \ ., L . . ( . ., \-;\ \<1\ ( \ \ ~ \ \ "' .:s.! ~ 4 .. r.( \ ., (<D '" \ >- 1(, )1>. / ~~c:-) ~\ ' ,\ - -_:=~.-.-' ~-l, ---~--:- - ~~.~ . . c:t___- r . '8~"4) "3'\10 _~___ s.\ , c - "~_~- '::t 9.2 -1 a:~ ,~r/: ,,\ ;';:" 26 L__~.L- ~.::- -~ 5.1 1.3Alcl 6.1 5.4A{d , 7 \2. 3Aic I \ \ \ . o . .r ~, c::1 ~ 0:: <1 ,,8.1 ---::.. - -- -l . 9 ,,__'lit..__...~ ~ __Ao.- ._._---~ ------ . . , ( /. .. ,. ,) I U 3' W V " " ,,~ .c ( ( ( ~rt ,~ ~ AMER.l C -1 ~ , ~'P ~'\t~ ~.~/af{ ~ =:;::...> Iff'. "'."l't\~~ -__ '.-o~'" '~ -<~ -.......,"""'"- '~?~ -'" (R: \.~_/ 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 ~/~ ~\-\l\V~ .\.\ . ,-.t. , . ~.4{I..,ry :;-6-c... ii.:r"-/e 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. . . 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 1k Enclosures cc: Planning Board /' ~ ' ~..~. rfULk~< '. :S>,,%~ .~~ ~'.' .' ~ ~ ~ ~0 .I<< '}.~ Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 7651809 APPEALS BOARD MEMBERS m' ".; Wj N:::: ~@ 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 .. .. .. lk ~~l/v i{;W_A-~~ ~~ OSEPH H. SAWICKI CHAIRMAN PRO TEM i :' II I: " ;"I"!, II " , I, ! i ! ! , ! I ! i II ! i II ~~e~~~~~~!I~~'Hit,i;;;:;n'H~:', ~~,~ e;1!t1:.t".'~4.I~t:@;io:'~ "1 ..,:'I.\f' - - - -",;: ~i. ,.' .' ."." 1; ~ ! !H!t !iimr <!' 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