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HomeMy WebLinkAbout1000-109.-7-6PLANNING BOARD MEMBERS 0ERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 September 23, 2008 Abigail Wickham, Esq. 10315 Main Road, P.O. Box 1424 Mattituck, New York 11952 Re: Proposed Lot Line Change of Teresko/McGrath Located at New Suffolk Road, Cutchogue SCTM#1000-109-7-6 & 7 Dear Ms. Wickham: The Southold Town Planning Board, at a meeting held on Monday, September 22, 2008, adopted the following resolution: WHEREAS, a proposed lot line change was submitted to the Southold Town Planning Board on November 28, 2001 to move a 71.53 foot by 76 foot parcel from SCTM#1000- 109-7-6 to SCTM#1000-109-7-7; and WHEREAS, an area variance for lot width and depth was required from the Zoning Board of Appeals pursuant to Southold Town Code Section 280 Bulk Schedule; and WHEREAS, on May 16, 2002, the Zoning Board of Appeals denied the variance; and WHEREAS, no further action has been undertaken since that date; be it therefore RESOLVED, that the Southold Town Planning Board, denies the above-referenced application for a lot line change. If you have any further questions, please do not hesitate to contact this office. Very truly yours, Chairperson PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Subdivision Application Form Name of Subdivision: Lot Line Change for Walter Teresko Suffolk County Tax Map # 1000- 109-7-6 and 1000-109-7-7 Type of Subdivision: Major Minor Cluster Subdivision: Yes (~ Hamlet; Cutchogue Street Location: 1275 New Suffolk Road, Cutchogue, New York 11935 Acreage: 4.23 acres Number of Lots:2 (lot line change) Zoning District: R-40 and AC Date: November 28, 2001 Has this property had a previous application to the Planning Board? Has this property previously received a SEQRA review? Have you had any pre-submission conferences with the Planning Board? Does this application have variances fi.om the Zoning Board of Appeals? Appl. No. Date property adjacent to any bodies of water? Yes ~ Is this any wetlands on the property? Yes ~ Are there Are there public water mains in an adjacent street? ~ Is public water proposed for the subdivision? Yes Is the majority of the property forested? Yes any part of the property in active agricultural use7 ~ Is there an existing or proposed sale of development rights on the property? a mortgage on the property? Yes ~o Is there owner own any adjacent properties? ~ No Does the Are there any building permits currently pending on this property? Yes Yes ~ Yes ~ Yes No No No ~e. Yes Date Please list name, mailing address, and phone number for the people below: Applicant: Walter Teresko 1285 New Suffolk Road Cutcho~ue, New York 11935 Agent handbag the application: (Contact Person) Abigail A. Wickham, Esq. Wickham, Wickham & Bressler, P.C. P.O. Box t424, Mattituck, NY 11952 Elizabeth McGrath (westerly part of tax lot 6) Property Owner(s): Walter Teresko (easterly part of tax lot 6) . P.O. Box 963 Cutchogue, New York 11935 Peconic Surveyors & Engineers, P.C. 1230 Traveler Street Southold, NY 11971 (same as above) (same as agent above) Surveyor: Engineer: Attorney: Other Agent(s): PROJECT I.D. NUMeER 6;1 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) ~. APRL.CA.T,SPO.SOB I ~- PROJECT NAME Walter Teresko I Z~z /,~ 3. PROJECT LOCATION: Municipality Sou~ho[d County. Su~ol~ SEQR 4. PRECISE LOCATION {Streel address and road intersections, prominent landmarks, etc., or provide map) $c-r-~ # / o 'o~) -/0'7-: 7 - b ~-~' S. IS PROPOSED ACTION: [] New [] Expansion [] Modification/alteration lot line cha~ge 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: I.itlall¥ /'~, ~ acres Ultimately 8. WILL PROPOSED ACTION COMPLY WITH ~ISTING ZONING OR OTHER ~ISTING ~NO USE RESTRICTIONS? ' ~Yes ~"0 "NO, describe briefly 9. WHAT IS PRESENT ~ND USE IN VtCINI~ OF PROJE~? / ~ Residential ~ Industrial ~ Commercial ~ Agriculture ~ Par~ForesUOpen space ~ Olher Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL~ STATE OR LOCAL)? [] Yes [] NO If yes, list agency(s) and pecmit/approvals 11. DOES ANY ASPECT OF THE ACTION H.~VE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes J~No If yes, list agency name and permlUapproval 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 Appllcantlsponsor name: Oate: I'f the action is In the Coastal Area, and you are a state agency, complele the Coastal Assessment Form before proceeding with this assessment OVER 1 The Town of $outhold'e Code of Ethics prohibits conflicts of interest on the pgrt of town officers aed employees. 'rile p_u__rpose o£ this form is to provide informatioH which can alert tile towll Of possible cotlflicts of illterest and allow it to take whatever action is Hecessar~ to avoid same, YOUR NAH~, WALTER TERES'KO NATI]RE OF AI'PI,ICATIfON: (Check ali that apply. Change of zone Approval of plat Other X ~ot line change Describe tile relationship betweett yourself (the appilcaltt) is a corporatio,i); DESCRIPTION OF Suhml tt~d tilts ~da¥ of Nov. I{~ 2001 Statement of Walter Teresko in support of Lot Line Change To: Southold Town Planning Board November 28,2001 I am submitting a lot line change application for 1275 and 1285 New Suffolk Road, Cutchogue, New York, SCTM#1000-109-7-6 and 1000-109-7-7. I request permission to change the lot line between tax lots 6 and 7 to move a 71.53 foot x 75 foot parcel (the "Parcel") at the rear of tax lot 6 (Lot 2 on map) to tax lot 7 (Lot 1). This is to restore the New Suffolk Road residence parcel, Lot 2, to its original size, as the Parcel has historically been used as part of my greenhouse parcel, Lot 1. The Parcel to be moved contains my goat shed, animal pens, and garden, and is fenced off from the remainder of tax lot 6. It has always been considered by me as part of the greenhouse parcel, but the Town added it to Lot 2 years ago by mistake. Lot 2 contains a residence which I have rented to Elizabeth McGrath for many years. Ms. McGrath recently purchased the property, subject to this lot line change application. Her consent to this application is attached. The parcel to be moved will be subject to a 20 foot right of way which will benefit my adjoining parcel, tax lot 5.2. That property was approved by action of the Town in 1978 and is a separate lot under the Zoning Code. While the application will result in a lot which is being reduced from a size which is already substandard, the resulting lot will be of a size similar to those along New Suffolk Road. Any further subdivision of the resulting Lot 1 will be the subject of Southold Town Planning Board approval. Walter Teresko Swo~n t9 before me this '2 7~_~ of~Novembe, r, 2001 Re/lotlnchg DONNA ~ CHITU[ #OTAI~Y PUBliC, State of New York 4351459, Suffolk County 1P'~ Expires Augus! 18, J~'--~ Z- N.Y.S. TRANSFER TAX STAMP $14.85 1000 Dist. 109~ Sec. Blk. Lot NSULT YOUR LAWYER I~qI~RE SIGNING THIS INSTRUMENT--THIS INSTILlmENT SHOULD BE USED BY LAWYERS ONLY. u ,8555 T~INDKNT~made the 19th day of December , ~neteon hundred and seventy-eight BETWF~.N ESTHER TERESKO, residing at (no #) New Suffolk Road, Cutchogue, New York, party o£thefirst ~rt, and ESTHER TERESKO, residing at (no #) New Suffolk Road, Cutchogue, New York, and WALTER TERESKO, reSiding at (no #) New Suffolk Road, Cutchogue, New York, party of the second part, WlTNF...~I~-Ii'I, that the party of the first part, in consideration of Ten Dollars and other valuable considerati.on paid by the party of the second part, does hereby grant and release unto the party of the second part, the be~rs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lyingandb~ng~ at Cu~chogue, Town of Southold, Suffolk County, New York, bounded and described as follows: ,J BEGINNING at an iron pipe set on the easterly line of New Suffolk Road 120.0 feet southerly along said line from a concrete monument set at the northwesterly corner of land now or formerly of Case; running thence along said land now or formerly of Case on a line at right angles to said line of New Suffolk Road, N. 80° 06' 40" E. 225.0 feet; thence along land of Walter Teresko on a line parallel to said line of New Suffolk Road, S. 09° 53' 20" E. 71.53 feet; thence still along land of Walter Teresko three courses and distances as follows: (1) S. 80° 06' 40" W. 75.0 feet to an iron pipe; thence (2) On a line parallel to said line of New Suffolk Road, S. 09° 53' 20" E. 28.47 feet to an iron pipe; thence (3) On a line at right angles 'to said line of New Suffolk Road, S. 80° 06' 40" W. 150.0 feet to an iron pipe set on said easterly line of New Suffolk Road; thence along said line N. 09° 53' 20" W. 100.0 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed dated February 1, 1964 and recorded in the Suffolk County Clerk's Office on February 7, 1964 in Liber 5496 at Page 229. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER wkh the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the ]party of the second part, lhock~x~xam~ ~1~~~~ as joint tenants, and not as tenants in common, with right o~ survivorship and to the heirs and assigns of the survivor forever. AND the party of tbe first part covenants that the party of the first part )ms not done or suffered anything wheroby the said premises have been encumbered in any way whatever, except as aforesaid. A. ND the party of the first part, in compliance with Section 13 of the Lien Law, covenants tha~ the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose 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 same for any other purpose.- The word "party" shall be construed ~ if it read "parties" whenever the sense of this indenture so requires. IN wrrNEsS WHF..RF..OF, the Party of the first part has duly executed this deed the d~y and year first at,ore written. ,; - , ' T~TAN!St'ZE)R 'FAX Sl)~FO'Ll~ _ COUNTY. ...... STATE OF NEW YORK, COUNTY OF SUFFOLK ss: On the 19th clay of December 1978 , Before me personally came ESTHER TERESKO to me known to be the individual descriBed in and who executed the foregoing instrument, and acknowledged that she executed the same. RICtlARD F. LARK NOTARY PUBLIC, Stats of ~ew Yo~ Ne. 52-74~2500 - Suffolk C~unt¥ C~,mniisslon Expires March 80, 19,~- STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. . that he is the of , the corporation descriBed in and which executed the foregoing ins~trument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. STATE OF NEW YORK, COUNTY OF On the day of ~ersonally came 19 ss: , before me to me known to be the individual descril~ed in and' who executed the foregoing instrument, and acknowledged that executed the same. ;TATE OF NEW YORK, COUNTY OF On the day of 19 , Before me ,ersonally came thc subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that hc knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscriBed h name as witness thereto. WEIR COVENANT AGAINST GRAN'I'OR'S ACIS TITLE No, ESTHER TERESKO SECTION BLOCK LOT COUNTY OR TOWN TO WALTER,TERESKO and ESTHER TERESKO Recorded At ReQuest of The Title Guarantee Company RETURN BY MAIL TO: Di~trllr~t~d by JTITI.~ GUARANT~G' NGWYORK ATICOR COMPANY Richard F. Lark, Esq. Main Road - P. O. Box 973 Cutchogue, New York 11935 Zip No. ~ STAMPS CONSULT YOUR L~WYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS IND~ made the 2~th day of February , nineteen hundred and si~ty-seven Bk"'rw~-~'~q EST~:~ TERE~KO, residing at Outchogue, Towm of Southold, Suffolk Commty, New York, party of the first part, and WALTER TEREBKO, residimg at Cutchogue, Town of Southold, Suffolk County, New York, party of the second part, '~I'INF.$$ETH, that the party of the first part, in consideration of One and O0/lO0 ........... .................................................... ($1.00) dollars, lawful money of the United States,~lad other good and valuable consideration paid by the party of the second part, does hereby grant and release unto the .party of the second part, the heirs or successors and assigns of the party of the second part forever, AI.I. that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being~llg~ at Outchogue, Town of $outhold, County of Suffolk ~ud State of New York, bounded and described as follows: BEGINNING at a point on the northeast corner of premises of the party of the first part; said point being North 80° 06' ~0" East 225 feet from a point on the easterly side of New Suffolk Road marking the northwesterly corner of said premises of the party of the first part amd the southwesterly corner of premises of William Harrison Case; from said point of beginning rumning thence along said land of William Harrison Case, North 80° 06' ¢0" East 475.86 feet to land of James Wickham Estate; ru~ning thence along said land South ~o 01' 50" West 75.69 feet to land of the party ef the second part; running thence along said land South 80° 06' ¢0" East ¢56.1~ feet to said land of the party of the first part; running thence along said land North 9° 55' 2O' West 71.55 feet to the point or place of BEGINNING. TO6~-I'I'iER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TO~,~I'I-IF~R with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAV~ AND TO HOLi) the premises herein granted unto the party of the second part, the heirs or successors and gssigns of the patty of the second part forever. ~ the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. ~ the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the pm-fy of the first part will receive the consideration for this conveyance and will hold the right to reteive such consid- eration as a trust fund to be applied first for the purpose 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 same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. l~ ~fl'l~.q~ Ve'I-IF~R~OI~, the party of the first part has duly executed this deed the day and year first above written. her Teresko ST~I OF NEW YOBZ. COUNTY OF l~,uffol~r O- ~e 2~$hdsy ~ February 1967, before me pe~om~y ~ne ESTWr~w. T~KO to me known to be the individual described in and who executed the foregoing instrument, and ~l~owledged that she execut/o~the ~OTAEy PUELIC, STATE OF Ns. 5~259000 Ou~i/ied in Suffolk ?o~m expires M&reh ~0, STATB OF MEW YORK, COU#TY OF ss: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. · rA~l OF NEW YORE. ~OUNTY Ois On the day of person~dly came 19 , before me to me known to be the individual described in and who executed the foregoing instrument, and ~L-nowledged that executed the' ·rAT! OF NEW YORK, =OUNTY OP ss: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. WITH COVENANT AGAINST GRANTOR'S ACTS TITLE NO. ESTHER TERra'KO TO WA T,TER T~.~KO SECTION BLOCK LOT COUNTY OR TOWN Southold Recorded At Request c~ The Title Guarantee Company RBTURN BY MAl~ TO: STANDARD FORM 05 UIW YORK 10~8) O~ TNL~ UNDERWP. JTELS THE TITLE GUARANTEE COMPANY William Vickham, Esq., Ha~tituck, N. Y. z~ No. 11952 ni uture, made the 28th day of October BETWEEN ESTHER TERgSKO, residing at New Suffolk Road (no st. no. ), Cutchogue, New York, party of the first part, and WALTER TERESKO, residing at New Suffolk Road (no st. no.), Cutchogue, New York, party of the second part, WITNES$£TH. that the party of the first part, in consideration ct One ($1.00) Dollar , lawful money of the United States, and other good and valuable consideration paid by the party of the second part does hereby grant and release unto the party of the second part, h~Ls heirs and assigns forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being ~ at Cutohogue, Town of $outhold, Suffolk County, New York, bounded and described as follows: BEGINNING at a concrete monument set on the easterly side or line of New Suffolk Road at the northwesterly corner of land of William M. Beebe; running along said easterly line of New Suffolk Road north 09 de- grees 53' 20" west 37 feet to an iron pipe and Parcel~ I desoribe~ in the hereinafter mentioned deed; thence along said ParceI I two couples and distances as follows: (1) north 80 degrees 06' 40" east 150 feet to an iron pipe; thence (2) north 09 degrees 53' 20" west 28.47 feet to an iron pipe; thence along said Parcel I and.alo,ng land mow or formerly of William Harrison Case north 80 degrees 06 40 east 531.14 feet to an ' iron pipe and laud of J. Wickham Estate; thence along said land of J. Wickham Estate south 04 degrees O1 ,$,0..~west 281.92 feet to a, t~cust post set at the northeasterly corner~ land of Julius a. Tuthill Estate; thence along said land of Julius a. Tuthill Estate south 80 degrees 43' 30" west 413.39 feet to an iron pipe at the southeasterly corner of land now or formerly of said Case; thence along said last mentioned land north 09 degrees 53' 20" west 200 feet to an iron pipe; thence along said land and land of William M. Beebe south 8I" degrees 11' 10" west 200 feet to the point or place of beginning. Containing three acres by survey. BEING aND INTENDED TO BE Parcel II described in a certain deed, dated February 9, 1955, made by William Harrison Case to Walter Teresko and Esther Teresko, and recorded in the Office of theClerk of Suffolk County in Liber 3837 of Deeds, at page 133, on February 10, 1955. By this deed, dated October 28, 1960, the party of the first par~ does and intends to convey all of her right, title and interest in and t° said Parcel II. TOG, ETHER with the appurtenances and all the estate and rights of the party of the first part in and to said , AVE~AND TO HOLD the premises herein granted unto the par.ty of the second part, his heirs and assigns forever, AND thc party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party o£ · the first part will receive the consid.eration for this conveyance and will hold the right to receive such con- sideration as a trust/und to be apphed for the purpose of paying the cost of the improvement and that the party of the first part will apply the same first to the cost of the improvement before using any part of the total of the same for any other purpose. IH WIYHI/$$ WHeReOF. the party of the first part has executed this deed the day and year first above written. ................................... i ....... (L.S.) u 4898 192 STATE OF NEW YORK, COUNTY oF SUFFOLK ss.: On the 28th dayof O~tober 19 60,~.~o~. me personally came ES~ ~KO ~o me known ~o be the ~ndlvldual described in and who ~ecu~ed the foregoing instrument, and acknowl- edged that she executed the same. ROBERT F. DART ' Public, State of New YRrK No, 52.59227~ ~ualified in SuffolW Coun~ STATE OF NEW YORK, COUNTY OF ss.: On the day of 19 , before mc personally came to me known, who, being by me duly sworn, did de- pose and say that he resides at No. ; that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said c~rporation, and that he signed h name thereto by llke order. STATE OF NEW YORK, COUNTY OF SS.; On the - day of 19 , before me personally came to me known to' be the individual described in and who executed the foregoing instrument, and acknowl- edged that executed the same. STATE OF NEW YORK, COUNTY OF On the day of a9 , before me personally came the subscribing witness to thc foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. ; that he knows to be the individual described in and who executed the fiaregcdng instru- ment; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. I RECORDED OCT 28 ItM} ClErk of Suffolk CouM~, STATE OF NEW YORK: :ss: COUNTY OF SUFFOLK: WALTER TERESKO, residing at 1285 New Suffolk Road, Cutchogue, New York 11935, being duly sworn, deposes and says: I am the owner of property known as SCTM# 1000-109-7-p/o 6, which is the subject of the proposed lot line change, being a parcel of 71.53' x 75'. I hereby agree and represent that upon your approval of the lot line change, I will merge the parcel with my adjacent property, SCTM# 1000-109-7-7, to form a single parcel. Walter Teresko Sworn to before me this ~ ~dap of November, 2001 Notar3(-P~blic DONNk ~. cHIIu~ 4~1~. sufl01~ c0un~ ~s August lB, ~2 re/affmerg CONSENT Re: SCTM# 1000-109-7-6 1275 New Suffolk Road, Cutchogue, New York I, ELIZABETH MCGRATH, the owner of the above referenced property, consent to Walter Teresko, Wickham, Wickham & Bressler, P.C., or any of their surveyors, engineers, representatives and/or agents, to make applications necessary for the approval of a lot line change and/or minor subdivision on the above property to the Town of Southold Planning Board, and if necessary, the Zoning Board of Appeals. Such applications shall include all matters in connection therewith. Elizabeth McGrath further agrees to execute any further consents, authorizations, approvals, covenants, or documents required by the Planning Board or agents involved in order to obtain such approvals. Dated: October 1~, 2001 Elizabeth McGrath ~,~ 21/consentg Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 08/26/02 Transaction(s): Application Fees Receipt~: 0 Subtotal $250.00 Check#: 4895 Total Paid: $250.00 Name: Teresko, Walter New Suffolk Rd. Cutchogue, NY 11935 SouthotdTown PlanT~in~ B~.~BTd Clerk ID: JOYCEW Internal ID:61936 APPEALS BOARD MEMBERS Gerard P. Goehringel Lydia A. Tortora George Homing Ruth D. Oliva , Chairwoman Southold Town Hall S309S Main Road P.O. Box 1179 Sonthold, New York 11971-09S9 ZBA Fax (631) '/65-9064 Cv el'VaE DEC 3 1 2003 ~eutheld Tow~ Plannin~ Boar~ Telephone (631) 765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD ~INDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 4, 2003 Appl. No. 5429 - WALTER TERESKO Property Location: 1077 New Suffolk Road, Cutchogue; CTM Parcel 109-7-7.2 (formerly 5.2) SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Unlisted category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's property, referred to as CTM 5.2, is vacant with a land area of 1.4003 acres. Access to this property has been over the applicant's adjacent land referred to as CTM 109-7-7, using the existing 15 ft. wide and 30 fi. wide driveways extending from the east side of New Suffolk Road, in Cutchogue. BASIS OF APPEAL: After making application to the Building Department, the applicant was issued a determination that a new dwelling is not permitted for the reason that the lot does not have direct access on a public street in accordance with Section 100-235A(1) of the Town Code and Section 280-A of New York Town Law. RELIEF REQUESTED: The Applicant is requesting construction standards for base improvements for the proposed access to a site north of the greenhouse operations, as shown on a survey map dated November 20, 2001, revised June 10, 2003, prepared by John T. Metzger, L.S. The survey map shows: (1) the location of a 30 fr. wide right-of-way easement, portions of which have a traveled, gravel base with a 15+- fr. width, extending from New Suffolk Road a distance of 175 feet, and (2) the location of the existing 15 fr. wide right-of-way easement extending directly to CTM 109-7-5.2. FINDINGS OF FA CT The Zoning Board of Appeals held a public hearing on this application on November 20, 2003, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board fmds the following facts to be tree and relevant: RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Chairwoman Oliva, and duly carried, to Page 2 - DecemberS, 2003 Appl. No. 5429 - W. Teresko 109-7-5.2 at Cutchogue (280-A) GRANT a v~riance under New York Town Law, Section 280 100-235, SUBJECT TO THE FOLLOWING CONDITIONS: The base of the right-of-way shall be improved to a width of 15 feet, including the following: a) regrade the driveway from New Suffolk Road approximately 200 feet in length, 15 feet wide, filling all pot holes and finishing the grade. b) install a minimum of 2" of compacted ~A" stone blend over the finished grade, a width of 15 feet c) at the point where the driveway makes a turn to the north, excavate 4" to 6" of material, and install either bank run with a 20% stone content or a sandy loam type of material for the distance of approximately 150 feet, to the beginning of the parcel d) install 2"to 4" of ~" stone blend compacted over the new bank mn/loam mixture. 2. In any case, the stone blend can be substituted for a good grade of RCA or crashed concrete which should be doubled in depth on existing driveway and 6" to 10" in depth of the north driveway. 3. After completion and prior to a Certificate of Occupancy on a dwelling, the Board of Appeals reserves the fight to inspect the improvements for acceptance. 4. Any proposal to change the configuration of this property may require an updated 280A review for the extended access area and also reqnire Planning Board approval. This action does not authorize or condone any current or furore use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goebxinger, Tortora, and Orlando. (Member Homing of Fishers Island was abA~h~) This Resolution was duly ado. pted (4-0). RUTH D. OLIVA, CHAIRWOMAN 12/'J~03 Approved for Filing ERIC J. BRESSLER ABIGAIL A. WICKHAM LYNNE M. GORDON JANET GEASA LAW OFF1CES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 631-298-8353 TELEFAX NO. 631-298-8565 wwblaw~aol.com WILLIAM WICKHAM (06-02) 275 BROAD HOLLOW ROAD SUITE 111 MELVILLE, NEW YORK ! 1747 631-249-9480 TELEFAX NO. 631-249-9484 October 10, 2003 Atto: Mr. Mark Terry Southold Town Planning Board Post Office Box 1179 53095 Main Road $outhold, New York 11971 OCT 1 0 2003 $outhold Town Planning Board Re: Property owned by Walter Teresko - New Suffolk Road SCTM# 1000-109-7-7.1 (f/k/a 7.0) Dear Mark: Enclosed ~cc print~ of a map of Mr. Teresko's property. We would like to meet with the Board to discuss this proposed property division before proceeding any further. Please schedule this matter for the next available work session. Ver~ y~t~y yours, Abigail A. Wickham AA W/dm encl. 30/shdpb l APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Lydia A. Tortora George Homing Ruth D. Oliva Vincent Orlando BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATI~ItI~hO~O MEETING OF MAY 16, 2002 Southold Town Hall/ 53095 Main Road P.O. Box 1179 ,_.._S o~[tlg~ ,.N eaw -Yo r k &l-971-0959 ZBgl. Fax (631) 765-9064 ~v411~3 I) 765,1809 i i\l~l~ttp://sout holdtowfi~-~!f~rk.n et Appl. No. 5071 - WALTER TERESKO and ELIZABETH McGRATH Location of Property: West Side of New Suffolk Road, Cutchogue Date of Public Hearing: May 16, 2002 (109-7-7, 6) BASIS OF APPEAL: Building Inspector's Notice of Disapproval dated January 10, 2002, concerning a proposed change in lot line between Lots identified as CTM 109-7-6 and 109-7-7, resulting in area variances for a reduction in the area, width and depth of a nonconforming parcel. RELIEF REQUESTED: Applicants request area variances under Section 100-30A.3 (Bulk Schedule) of the Zoning Code in a lot line change proposal which results in a lot of 15,000 sq. ft., width of 100 and depth of 170+- feet, instead of the code requirements of 40,000 sq. ft., 150 ft. in width, and 175 ft. of depth. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 21, 2002 and on May 2, 2002, at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property and the area, and other evidence, the Zoning Board finds the following facts to be true: PROPERTY FACTS/DESCRIPTION: The house lot is presently 20,000 sq. ft. of land with 120 ft. of width along New Suffolk Road and with a depth of 150 feet. The rear lot has frontage of approximately 10 feet along new Suffolk Road, and a land area of 3.7634 acres. Each lot is improved and has Certificate(s) of Occupancy, for a dwelling on the smaller lot (CTM 6), and for a habitable trailer on the larger lot (CTM 7). (Please refer to Building Department records concerning these parcels made a part of this record.) REASONS FOR BOARD ACTION, DESCRIBED BELOW: In accordance with the review standards set forth in Town Law 267b-3 "area variances," the Board has considered the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood and community by such grant, and determines that: 1. Grant of the area variance will not be consistent with the character and surroundings in the neighborhood and will be detrimental to nearby properties. There are vacant (and others improved) in the area that are significantly larger than the proposed lot size by these changes (ref. 109-7-1, 4.3, 4.4, 5.1, 5.3, 9.3, 10.3, 10.4). The reduction in lot sizes will create an undesirable change in the neighborhood. 2. The benefit sought can be achieved by some method, feasible for the applicant to pursue other than an area vadance. This parcel is 20,400+- sq. ff. in size which is more conforming than the 15,000 sq. ff. requested and in comparison to lets in the neighborhood. A grant of this parcel with 15,000 sq. ft. of area would not allow the size of the lot to be in conformity with the majority of the Page2 - May 16, 2002 ZBA Appl. No. 5071 -W. Teresko and E. McGrath 109.-7-6, 7 at Cutchogue lots in the area. properties. The 15,000 sq. ft. proposal is significantly undersized, and effects nearby 3. The area variance is not the minimum necessary. There is adequate land available to enlarge the parcel and reduce zoning nonconformities. RESOLUTION: On motion by Member Homing, seconded by Orlando, it was RESOLVED, to DENY the variances without prejudice. Vote of the Board: Ayes: Members Goehringer (Chairman), Tortore, Horning, and Orlando. (Member Oliva was absent due to illness.)Th~d~,a~o~ .~_~ARD P. GOEHRIN(~ER / ,//CHAIRMAN /~/~/~ z_ / WILLL1AM WICKHAM ERIC J. BRESSLER ABIGAIL A. WICKHAM LYNNE M. GORDON JANET GEASA LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.C. 10315 MAIN ROAD, P.O. BOX 1424 MATT1TUCK, LONG ISLAND NEW YORK 11952 631-298-8353 TELEFAX NO. 631-298-8565 May 1, 2002 MELVILLE OFFICE 275 BROAD HOLLOW RD SUITE 111 MELVILLE, N.Y. 11747 631-249-9480 FAX NO. 631-249-9484 Town of Southold Zoning Board of Appeals 53095 Main Road Post Office Box ! 179 Southold, New York 11971 Re: Teresko, New Suffolk Road, Cutchogue, N.Y. Appeal No. SCTM1000-109-7-6 Ladies and Gentlemen: To address the items in the Planning Board's letter to you of May 1, 2002: I. Mr. Orlowski stated at the meeting that it is the Planning Board's policy never to condone undersized lots, and that this is the jurisdiction of the ZBA. The applicant agreed with the Planning Board to combine the Lot 1 driveways with a common easement and maintenance agreement, which would be formalized in the event Lot 1 is subdivided. Therefore, the applicant would be agreeable to a condition in this proceeding that in the event of any subdivision of Lot 1, that all access to the Main Road be limited to one curb cut with a common maintenance agreement. This restriction would also apply to any access to other adjoining property of the applicant, specifically Tax Lot 5.2, and the right of way would comply with curve requirements of the Planning Board. Thus, we ask that you note that the only objection of the Planning Board is on the basis of its general policy against lot size reductions, and is not specific to this project. A~ W/dmc 30/shdzba cc: Planning Board Walter Teresko Very tru/~v yo~¥ /Abigail A. Wickham '"- 0 g 2002 $outhold Town Planning Board PLANNING BOARD MEMBE~ BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Zoning Board of Appeals From: Planning Board Date: May 1, 2002 Re~ Lot Line Change for Teresko/McGrath SCTM# 109-7-6 The Planning Board has reviewed the proposed lot line change for Teresko/McGrath during the April 29, 2002 work-session. All concems regarding the application have been met except the following: If approved, this proposal will reduce the current Lot 2 area of 20,365 square feet to 15,000 square feet or .344 acres. The Planning Board is not in favor of creating non-conforming lots in any zoning districts except in context of a cluster subdivision. The proposed right of way is being created over Lot I to serve SCTM # 109- 7-5.2. As a result, the 37' foot road frontage would be comprised of two parallel driveways and two "curb cuts" on Lot 1. Lot 2 has 100' of road frontage and two "curb cuts" currently exist. Consequently, 4 curb cuts would be established along 137' of road frontage. The Planning Board requests that the Lot 1 driveways be combined into one curb cut; a maintenance agreement will be required. In addition, the curve radius of the ROW must also be improved prior to any construction. It is the understanding of the Planning Board that these items will be addressed at a later date during any future application. Based upon Item 1 above, the Planning Board would like to go on record as opposed to the lot line change. Please advise this office of any findings the Zoning Board of Appeals makes on the application. WILLIAM WICKHAM ERIC J. BRE$SIER ABIGAILA. WICKHAM LYNNE M. GORDON JANEt GEASA law OFFICES WICKhAm, WICKHAm & BrES$1Er, I03i5 Main ROAD, P.O. BOX 14~4 MATTITUCK, lONG ISLAND NEW YORK II952 631-298-8353 TELEFAX NO. 631-~98-8565 March 25, 2002 MELVILLE OFFICE 275 BROAD HOllOW ROAD SUITE III MELVILLE, NEW YORK 11747 631-249-9480 TEIEFAX NO. 631-249-9484 Southold Town Planning Board Town of Southold Post Office Box 1179 53095 Main Road Southold, New York 11971 Re: Lot Line Change Application - Teresko/McGrath SCTM#s 1000-109-7-6 & 1000-109-7-7 ZBA Appeal No. 5071 Gentlemen: The Zoning Board of Appeals has asked us to schedule a work session with you to review your concerns on this application. They have recessed their hearing to April 30, 2002 pending our discussions and further input from your Board. I would appreciate an appointment on or after April 7, 2002 and will call Carol later this week to see what date is available. AA W/dmc 30/shdtpb Very truly yours, Abigail A. Wickham cc: Zoning Board of Appeals Southold Town Planning Board WILLIAM WlCKHAM ERiC J. BRESSLER ABIGAIL A. WICKHAM 1YNNE M. GORDON JANET GE~SA LAW OFFICES WICKHAM, WICKHAM & BRESSLER, p.e. I0315 MAIN ROAD, P.O. BOX 14~4 MATtlTUCK, lONg ISLAND NEW YORK II95~ 631-~98-8353 telEfaX NO. 631-P98-8565 March 19, 2002 2?5 BROAD HOLLOW ROAD SUITE III MELVILLE, NEWYORK 11747 63~-249-9480 TELEFAX NO. 63i-249-9484 Town of Southold Zoning Board of Appeals 53095 Main Road Post Office Box 1179 Southold, New York 11971 Re: Teresko, New Suffolk Road, Cutchogue, N.Y. Appeal No. SCTM1000-109-7-6 Ladies and Gentlemen: Southold Town Planning Board This is in response to the Planning Board's comments dated March 15, 2002. 1. The reduction of Lot 1 will be added to Lot 2. At this point, there is no overall increase in density and no subdivision. If the rear parcel, Lot 1, is subdivided, the Planning Board will have jurisdiction. Lot 1 currently contains 163,933 sq. feet and is proposed to increase to 169,298 sq. ft. In an 80,000 sq. ft. minimum lot size zoning category, this increase will not give the owner an ability to increase the density of Lot 1 in the event of a future subdivision. 2. Tax Lot 5.2 was divided as a result ofa ZBA decision dated September 26, 1978, Appeal No. 2481 and a deed from Case to Rickabaugh in 1981. I believe that it would now be considered a separate lot as a result of the merger provisions of the zoning code. We have provided for a right of way over this property to benefit tax lot 5.2, and if the Planning Board has any comments on this aspect of our plan, we would be receptive to their suggestions. I think the sharp bends should probably be softened by a wider turning radius at each comer. The actual layout of the right of way, however, should be dealt with on a 280a application at such time as a building permit is applied for on this lot, or on a subdivision of Lot 1. Neither is proposed at this time. I will advise Mr. Teresko that any language in a recorded document reflecting this right of way should permit some flexibility to conform to Town requirements. If you need further information, please advise. Very truly yours, AA W/dmc encl. 30/shdzba cc: Southold Town Planning Board PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Zoning Board of Appeals From: Planning Board Date: March 15, 2002 Re~ Lot Line Change for Teresko/McGrath SCTM# 109-7-6 The Planning Board reviewed the proposed lot line change for Teresko/McGrath and the following concerns were identified: If approved, this proposal will reduce the current L~i 2 area of 20,365 square feet to 15,000 square feet or .344 acres. The Planning Board is not in favor of creating non-conforming lots in any zoning districts except in context of a cluster subdivision. The layout of the 20' right-of-way suggests that it would be used to access the land locked 5.2 acre parcel known as SCTM# 1000-109-7-5.2 to the no~h of Lot 1. The Planning Board has no record on file of the subdivision of the parcels known as 1000-109-7-5.1 or 1000-109-7-5.1. Therefore, this raises the question if the Town of Southold recognizes the parcels as single and separate lots. The Planning Board would like to reserve judgment until further information is provided in response to the questions above. Please advise this office of any findings the Zoning Board of Appeals makes on the application. APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman Lydia A. Tortora George Horning Ruth D. Oliva Vincent Orlando MEMO BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.northfork.net TO: FROM: DATE: SUB J: Planning Board Zoning Board of Appeals March 12, 2002 + ZBA-PB Joint Review (Teresko/McGrath 109-7-6) The Zoning Board of Appeals will be conducting public hearings on March 21, 2002 regarding the above new layout for two lots. Please furnish comments when possible. Also, if there is any record of prior Planning Board determination(s) for a creation of the two lots, this information would be appreciated. Thank you. Enclosures southokiT CD ~ 50.00' , "E 80'06 40 ~/o/~ 150-00' SURVEY OF PROPERTY SITUATED AT CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. lO00-10g-O7_-P/O SCALE 1 MAY 16, 2001 AREA = 15,000.00 sq, ft. 0.344 ac. CERTIFIED TO: WALTER TERESKO Joseph A. Ingeg Land Surveyo~ Pb~I~E (631)727-2090 Fox (65t)7; SubmissiOn Wtlhoul a Cover Letter WILLIAM WICKHAM ERIC J. BRESSLER ABIGAIL a. WICKHAM LYNNE M. GORDON JAN ET GEASA LAW OFFICES WICKhAM, WICKHAM & BRESSLER, P.C. 10315 Main ROAD, P.O. BOX 1424 MATTITUCK, lONG ISLAND NEW YORK II952 631-298-8353 TELEFAX NO. 631-~98-8565 November 30, 2001 MELVILLE OFFICE ~75 BROAD HOLLOW ROAD SUITe IH MElVILLE, NEW YORK H747 Town of Southold Planning Board Post Office Box 1179 53095 Main Road Southold, New York 11971 Re: Lot Line Change Application - Teresko/MeGrath SCTM#s 1000-109-7-6 & 1000-109-%7 Dear Sir or Madam: We represent Walter Teresko in the above application for a lot line change. Mr. Teresko would like to restore tax lot 7 to its original size by adding a 71.53' x 75' parcel from tax lot 6. The following documents are enclosed: 1. Statement from Walter Teresko; 2. Subdivision Application Form; 3. Short Form Environmental Assessment Form; 4. Transactional Disclosure Form; 5. Eight prints of the survey; 6. Copy of Deed for Tax Lot 6; 7. Copy of Deed for Tax Lot 7; 8. Affidavit confirming merger from Walter Teresko; 9. Consent from Elizabeth McGrath; 10. Application fee of $250. If you require anything further, please give me a call. Please advise when I may meet with Board to review this matter. 30/shdpbll DEC $ 2001 Very truly yours, AlJigail A. Wickham SoutholdTown Planning Board LASER FICHE FORM SUBDIVISIONS ProiectType: Lot Line Changes Status: Open SCTM #: 1000 - 109.-7-6 Project Name: Teresko/McGrath Location: 1275 New Suffolk Road, Cutcho.que Hamlet: Cutcho.que Applicant Name: WalterTeresko Owner Name: Walter Teresko Zone 1: R~40 Approval Date: ,,A/~'7" PLAT Signed Date: OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related information Zone 2: A-C Zone 3: C and R's: Homeowners Association: R and M Agreement: Address: 1275 New Suffolk Road, Cutcho.que County Filing Date: SCANNED AU~ 3 2006 SCAN Date: DATE PR(~PERTY MAP NO. MAP COORDINATE NOS, DEED RECORDED IN LIBER SUBDIVISION NAME OR NO, MAP BOOK__PAGE INDEX INITIAL PAGE BL. LOT SKETCH: l~oP~]n'r T/.x S~]wlc~ SUFFOLK COUNTY CENTER RIVERH~D. L. ]., N. Y. 11~01 4.4 2.5A 7.2 L4A 5.i 7.3 6.2 3.9A 9.3 ~0.4 10.3 RESEARCHER/PLOTTER CHECKED BY DATE RPTSA Form 48-114 LH Mt. TGI 7 =.=:' :.:== 2.9 4.4 10,2 SOUTHOLD SECTION 109 12.5 12.4 12.8 12.3 '~ 12,9 12.2 8.1 13.6 14.3 1.3A(C) 27.2 t. OA(c) 27.1 1 ~ 1.2A(c) 3 2.6A(c) 14.36 1.0A(c) TEE LA. (509 14.4 14.5 14.6 2.1 14.35 1.OA(c) 10 14.34 14.33 12 14.32 ~ 13 14.31 24 1.Ol(c) (509 % 't ® 7.1A(c) I 4.3 1.0A 5.1 6 9.3 10,4 4.4 2.5A 5.2 1.4A 10.3 O 7 3.8A 10.2 15.3', 19 1.8A(c) - l',,T - 12.4 1,-/A(c) ~ 12.3, 12.2 9 '1.2.6 12,9 14.3 1.3A(c) 27.2 1.0A(c) 27.1 1 ~ 1.2A(c) 3 2.6A(c) 14.36 1.0A(c) TEE LA. (50') 14.4 14,5 14.6 14.35 1.0A(c) 14.34 14.33 14.32 14.31 1.OA(c) 2.1 10 11 12 13 24 (50') 15 ?./A(c) I 4.3 1.0A 3 5ol 6 9.3 10.4 4.4 2.5A 10.3 5.2 1.4A O 7 3.8A 19 1.8A(c) 10.2 15.3A i',,T DATE PR6PER'r¥ UAP.O. ,/boo././oq -7 - 7,/ MAP COORDINATE NOS. DEED RECORDED IN LIBER PAGE SUBDIViSiON NAME OR NO. MAP BOOK PAGE BL, LOT INDEX INITIAL SKETCH: 4.4 2.5A PROPERTY TAX SERWCE AGENCY SUFFOLK COUNTY CENTER RIVERHE. AD, g I., N, ¥. 1190'1 3 7.2 1.4A b 5.1 6.2 9.3 10.4 7.3 3.9A 10.3 RESEaRCHER/PLOTTER 0~"/~) CHECKED BY DATE ~T-V-05 RPTSA Form IOI 48-114 ~ TOWN OF SOUTHOLD ~000- I0~- '-'"r- .T,r,r,r,r,r,r,r,ri~ PROPERTY RECORD CARD OWNER STREET / 0 7 '7 VILLAGE DIST. SUB. LOT ~ 6CR. S W TYPE OF BUILDING RES. ~ SEAS. VL FARM ~ ~-~) COM~. CB. MI6S. Mkt. Volue LAN D IMP. TOTAL DATE REMARKS Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowlcmd DEPTH House Plot BULKHEAD Tota I /¢ ~ o./~ ?_ ?_.,~ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET I ~-- ~'.~ VILLAGE DIET, SUB. LOT RES.~~ S~S. VL. FARM COMM.~ MISC. Mkt. Value N~ NOR~L BELOW ABOVE FARM Acre Volue Per Volue Tillable 2 Tillable 3 W~dlond Swampland FRONTAGE ON WATER ~ ~ ~ ~ BULKH~D Tota~ ~ Y~ D~K M. Bldg. //~/ 5'~ -' ~o Extension Extension Extension Porch Porch Breezewa¢ ~ '~'~ { ~ ~- Garage~'lC ~'Ox'~'/ ~ '~[&~t Total COLOR lotion Basement Ext. Walls Fire Place Type Roof Recreation Rooml Dormer ~rivewoy Bath Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Dinette LR. DR. BR. FIN. B. SUFFOLK COUNTY DEPARTMENT OF HEAL TH SERVICES HAUPPAUGE, N.Y. DA TE THIS IS TO CERTIFY THAT THE PROPOSED REAL TY SUBDIVI$10N OR DEVELOPMENT FOR iN THE WITH A TOTAL OF LOTS WAS APPROVED ON TEE ABOVE DA TS. ifa TER SUPPLIES AND SEWAGE DISPOSAL FACILITIES MUST CONFORM TO CONSTRUCTION STANDARDS IN EFFECT AT THE TIME OF CONSTRUCTION AND ARE SUB.CT TO SEPARATE PERMITS PURSUANT TO THOSE STANDARDS. THIS APPROVAL SHALL BE VALID ONLY IF THE REAL TY SUBDIVISION /DEVELOPMENT MAP IS DULY FILED WITH THE COUNTY CLERK FIITHIN ONE YEAR OF THIS DATE. CONSENT IS HEREBY GIVEN FOR THE FILING OF THiS MAP ON FIHICH THiS ENDORSEMENT APPEARS IN THE OFFICE OF THE COUNTY CLERK iN ACCORDANCE FILTH PROVISIONS OF THE PUBLIC HEAL TH LAFI AND THE SUFFOLK COUNTY SANITARY CODE. OIRECTOR, DIVISION OF E~IVNONMENTAL OUALITY OWNER~ WALTER TERESKQ P.O. BOX .965 CUTCHOGUE, N.Y. 11'935 ZONNING DISTRICT' R- 40 ~ A-C · PIPE CONTOUR LINES FROM 'TOPOGRAPHIC MAP FIVE EASTERN TOWNS" ANY' AL TERA TION OR ADDITION TO THIS SURVEY IS A VIOLA TION OF SECTION 7209 OF THE NEE YORK STATE EDUCATION LAI~. EXCEPT AS PER SECTION T20S - SUBDIVI$10N 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COP/ES BEAR THE IMPRESSED SEAL OF THE SURV£YOR I HEREBY CERTIFY THAT THE WA TER SUPPL Y(SI AND/OR SEWAGE DISPOSAL SYSTEM(SI FOR THIS PROJECT WERE DESIGNED BY ME OR UNDER MY DIRECTION. BASED UPON A CAREFUL AND THROUGH STUDY OF THE SOIL, SITE AND GROUNDWATER CONDITIONS, ALL LOTS, AS PROPOSED, CONFORM TO THE SUFFOLK CO'JNTY DEPARTMENT OF HEAL TH SERVICES CONSTRUCTION STANDARDS IN EFFECT AS THIS DA TE. KEy MAP sc'ale~ I" = 600' CEDARS RD, HOUSE TYPICAL PLOT PLAN MINORSUBDIVISION FOR WAL TEl? TERESKO A T CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, NY. 1000 - 109 - 07- 07 SCALE: I"= 100' JUNE 16~ ~00~ DA TE IOSEPH FISCHETTI, P.E. LIC. NO. 052510 THIS IS TO CERTIFY THAT THE SUBDIVISION PLA T HAS BEEN APPROVED BY THE PLANNING BOARD 0[~ THE TOWN OF SOUTHOLD BY RESOLUTION APPROVAL DA TED BY CHAIRMAN PLANNING BOARD I HEREBY CERTIFY THAT THIS SUBDIVISION PLA T WAS MADE FROM ACTUAL SURVEYS COMPLETED z//~m/~l ~ THAT ALL MONUMENTS SHOWN THUS' · ACTUALLY EXIST AND THEIR pOSITIONS ARE CORRECTLY SHOWN AND ALL DIMENSIONAL AND GEODETIC DETAILS ARE CORRECT. JOtY~I/T. METZGE~ ~'.S. L.S. . NO, 49618 LOT I AREA = 80, 001Gq, ft. or LOT 2 AREA = 83,933 B~ ft. or [8366 acres [9288 acres SOUTHOLD, N.Y.S, LIC, NO. 49618 ~LER STREET N.Y. 11971 01 - 260 z z E]~/NER: ~"AL TER T£RESKO ~ P,O, BOX 963 CUTCHOGUE, N.Y H935 ZONING DISTRICT, R 40 & A-C · =PIPE C~NT~UR LINES FR~N 'T~P~GRAPHIC N~P FIVE N/fl/F LYNN[ L, 1000_109-07'06 LoT ~ ~A^.n6'40" ~ LINES N ~u ~.00' LU' ~._! N/D/F ~.M. ~EEBE N/D/F w.M, ~EE~£ N N/D/F wALTER TERESKfl LOT LINE CHANGE FOR WALTER TERESKO AT TO WN CUTCHOGUE OF SOUTHOLD 1000~109-07-07 LOT 1 SUFFOLK COUNTY , N. Y. 1000-109-07-06 & 07 40 0 40 DO 120 Scale: I' = 40' NOV. 20, 2001 SITE BATA 1000-109-0'7-07 (LOT 1) EXISTING AREA= 3.7634 PROPOSED AREA= 3,8~'65 ~qCRES 1000-10°9-07-06 ~LOT EXISTING AREA= °~0,365 PROPOSED AREA= 15,000 S,F, KEY MAP SCALE, i'=600' EASTERN TDVNS' .r- _r- N/U/F J,L. & THIS HAP IS A ~ITH NYS T[I~VN SECTION 100-t80 M,L. qlcKHAM CLUSTER SUBDIVISION LA~ SECTION ~78 AN ESIGNED IN ~CCDRDANCE $OUTHOLD TD~N CUBE ANY ALTERATION DR ADDITION TD THIS SURVEY IS A VIOLATION OF SECTION 7809 DF THE NEY YORK STATE EDUCA?£DN LA~, EXCEPT AS PER SECTION 7~09-SUBB[VISIDN 8, 4LL CERTIFICATIONS HEREON ARE VALID FOR THIS HAp AND C~PIES THEREOF ONLY IF S~ID ~AP UR COPIES BE~R THE IMPRES$~ SEAL OF THE SURVEYUR ~ ',: - MHO~E SIGNATURE APPEARS HEREON, '; I II!] r ,'I~liIll ' II II I !l I ii? I: I II ACRES (163,933 S,F,) (169,P-98 S,F,) (631) 76: P. l], BOX IP,,~O T~AIVELER STREET StJUTHCJI~D, N.Y, 11971 [ I WORK SESSION AGENDA SOUTHOLD PLANNING BOARD April 29 2002 4:30PM Teresko-McGrath Lot-Line Change SCTM# 109-7-6 & 7 Applicant Agent Attending Paradise Isles Minor SCTM# 53-6-46.2 57-2-1.1 Update Doroski Family Limited Parmership Minor SCTM# 69-01-09 New Application Wolf Set-Off SCTM# 88-1-11 Applicant Agent Attending Mill Creek Farms Major SCTM # 56-1-11.1 & 56-3-13.3 Applicant Agent Attending Nicholas Babolis Set-Off SCTM# 21-4-14.3 Conceptual Plan April 25, 2002/MT To: Planning Board From: Mark Terry, Senior Environmental Planner Date: April 29, 2002 Re; Lot Line Change for Teresko/McGrath SCTM# 109-7-6 A letter from the applicant's Agent was received on March 19, 2002 in response to the Planning Board's dissapproval of the action. Concurrently a detailed review of the file has been conducted. Please see the Statement of Walter Teresko dated January 10, 2002 attached. The following findings were made: Ms. Wickham's letter points out that if approved, this proposal will not increase the density of Lot 1. Currently the lot is 163,933 square feet or 3.76 acres, following any approval of the application the lot size will increase to 169,298 square feet or 3.88 acres; a gain of .11 acres. The parcel is located in the A-C Zoning District, therefore, the parcel could be subdivided into two, 2 acre lots prior to, and following any approval. Regarding tax lot 5.2. Ms. Wickham indicated that the lot was created as a result ora ZBA decision dated September 26, 1978, Appeal number 2481. I have read the variance and the specific language is "Be granted permission to divide property with insufficient lot frontage" referring to at that time lot 109- 7-5. The lot was sold to Mr. Teresko following the division. Ms. Wickham states that this lot would be considered single and separate lot as a result of the merger provision of the town code. I have confim]ed that the lot 5.2 is single and separate established through the ZBA decision. As Mr. Teresko points out in his statement, the proposed right of way is being created to serve Lot 5.2. The 37' foot road frontage would be comprised of two parallel driveways and two "curb cuts" on Lot 1. Lot 2 has 100' of road frontage and one driveway exists. Conseqnently, 3 curb cuts would be established along 137' of road frontage. The Lot 1 driveways should be combined into one curb cut and maintenance agreement should be required. In addition the curve radius of the ROW must be improved prior to any construction. Ms. Wickham points out that the actual layout of the ROW will be addressed in a 280a at the time that a building penni! is applied As indicated in the prior response to the ZBA this action will create a non- conforming lot, reducing the current acreage of .46 acres to .34 acres in a R- 40 zoning district. I will discuss this project further with Val on Monday. 7.1A(c) (500 WOOD WAY 4.3 10.4 2.5A 10.3 Statement of Walter Teresko in support of Lot Line Change To: Southold Town Planning Board November 28, 2001 i am submitting a lot line change application for 1275 and 1285 New Suftblk Road, Cutchogue, New York, SCTM# 1000-109-7-6 and 1000-109-7-7. I request permission to change the lot line between tax lots 6 and 7 to move a 7t.53 foot x 75 foot parcel (the "Parcel") at the rear of tax lot 6 (Lot 2 on map) to tax lot 7 (Lot 1). This is to restore the New Suffolk Road residence parcel, Lot 2, to its original size, as the Parcel has historically been used as part of my greenhouse parcel, Lot 1. The Parcel to be moved contains my goat shed, animal pens, and garden, and is fenced off from the remainder of tax lot 6. It has always been considered by me as part of the greenhouse parcel, but the Town added it to Lot 2 years ago by mistake. Lot 2 contains a residence which I have rented to Elizabeth McGrath for many years. Ms. McGrath recently purchased the property, subject to this lot line change application. Her consent to this application is attached. The parcel to be moved will be subject to a 20 foot right of way which will benefit my adjoining parcel, tax lot 5.2. That property was approved by action of the Town in 1978 and is a separate lot under the Zoning Code. While the application will result in a lot which is being reduced from a size which is already substandard, the resulting lot will be of a size similar to those along New Suffolk Road. Any further subdivision of the resulting Lot 1 will be the subject of Southold Town Planning Board approval. Walter Teresko Swo~.n t/o before me this '7 ;¢~-~d~y"of November, 2001 ( Notary Public DONNA ~ CPIII'U~ ND'I'AP, Y PUBLIC, State of N~w YorX ~, 4~51459, Suffolk C~unW !~r~ ~zpires Auliust 18 WILLIAM WlCKHAM ERIC J. BRESSLER ABIGAIL A. WlDKHAM LYNNE M. GORDON .JANET 6EASA WICKHAM, WICKHAM & BRESSLER, PC 10315 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 631-298-8353 TELEFAX NO, 631-298-8565 March 19, 2002 275 BROAD HOLLOW ROAD SUITE I1, MELVILLE, NEW YORK It747 631-249-9480 TELEFAX NO. 631 B49-9484 Town of Southold Zoning Board of Appeals 53095 Main Road Post Office Box 1179 Southotd, New York 1197I Re: Teresko, New Suffolk Road, Cutchogue, N.Y. Appeal No. SCTM1000-109-7-6 Ladies and Gentlemen: $outhold Town Planning Board This is in response to the Plarming Board's comments dated March 15, 2002. I. The reduction of Lot 1 will be added to Lot 2. At this point, there is no overall increase in density and no subdivision. If the rear parcel, Lot 1, is subdivided, the Planning Board will have jurisdiction. Lot 1 currently contains 163,933 sq. feet and is proposed to increase to 169,298 sq. ft. In an 80,000 sq. ft. minimum lot size zoning category, this increase will not give the owner an ability to increase the density of Lot 1 in the event of a future subdivision. 2. Tax Lot 5.2 was divided as a result ofa ZBA decision dated September 26, 1978, Appeal No. 2481 and a deed from Case to Rickabaugh in 1981. I believe that it would now be considered a separate lot as a result of the merger provisions of the zoning code. We have provided for a right of way over this property to benefit tax lot 5.2, and if the Planning Board has any comments on this aspect of our plan, we would be receptive to their suggestions. I think the sharp bends should probably be softened by a wider turning radius at each corner. The actual layout of the right of way, however, should be dealt with on a 280a application at such time as a building permit is applied for on this lot, or on a subdivision of [Jot 1. Neither is proposed at this time. I will advise Mr. Teresko that any language in a recorded document reflecting this right of way should permit some flexibility to conform to Town requirements. If you need further information, please advise. Very truly yours, AA ll'Fdmc enc/ .~OAl'hdzba cc: Southold Town Planning Board PLANNING ~OARD MEMBEi{$ BENNETT ORLow$/~i, d~ Chah,mm~ WILLI~, j. CREME~S P.O. Box i173 Town Hall, 53095 S~ateRoute Southold, New York 11~71-095 Telephone (631) 765.1938 Fax (631) 765-$136 PLANNING BOARD OFFICE TOWN OF 80UTHOLD To: Zoning Board of Appeals ~ From: Planning Board Date: March 15, 2002 Lot Line Change for Teresko/McGrath SCTM# 109-7-6 The P/arming Board reviewed the proposed lot line following concerns were identified: change for Teresko/McGrath and the 1. If approved, this proposal w/ll reduce the current L~t 2 area of 20,365 square feet to 15,000 square feet or .344 creating non-conforming lots acres. The Planning Board is not in favor of cluster subdivision, in any zomng d~stncts except in context ora 2. The layout of the 20' right-of-way suggests /and locked 5.2 acre parcel known as SCTM~at it would ~La°rtc 1; .The Planning Board has , be Used to access the 1000-109-7~5.2 to the v ceos/mown as 1000 .... no record on file o" ..... north of -~ ur-7-5.1 or 100 , ~ rm ,, ,~.me subdivision of the the question if the Town of Southold recognizes the parcels as single and separatelots. 0 '"~-/->.1. Therefore, thisraises The Planning Board would like to reserve judgment u in response to the questions above p, ntil further i-~ · · ~ease advise t~,;o _,,~- morn~at~on is provided BOard °fAppeals makes on the application. -~o mnce of any findings the Zoning