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Home My WebLink About1000-25.-2-4Southold To~n Planning Board To~n Hall Southold, N. Y. 11971 September 2, 1983 Gentlemen: This APPLICATION FOR APPROVAL OF PLAT is being made under Section 106-13 of the Code of the Town of Southold to request the formal set-off of a one-acre parcel zoned 'B' Light Business from the remainder zoned Residential and Agricultural. The original combined parcel of 14.42§ acres described in SCHEDULE A of this application was accumulated by Vtlliam V. Schrtever during the period from December 27~ 1973, to Hay 1, 1979. The particular parcel of which the one-acre business property is a part was acquired from the Estate of Sara Conover Thomas on February 26, 1974. At that time this parcel was zoned Light Business for all of its £rontage on Tabor Road. The purpose of the acquisition was to enlarge the improved business property immediately to the north owned by Barbara D. Schriever and being used as a shop by Schriever Construction Co., Inc. The one-acre parcel has been used continuously since its acquisition for ~he parking of trucks~ trailers and construction equipment associated with the occupancy of the shop building to the north. That building is a relatively large structure with a ground-floor area of 6,600 square feet but ts situated on a half-acre parcel which is obviously inadequate to provide the parking and storage that normally would be required during the occupancy of a building of that size~ no matter what the nature o£ that occupancy. Because of different ownership, this one-acre parcel has not legally merged with the half-acre parce! on which the shop buildtn8 is situated but it rematns an essentta! ~unctional addition to that parcel. After a long and futile attempt by Villiam and Barbara Schriever to gain Town Board approval to extend and develop the frontage along both sides o£ Tabor Road as a business area, the decision was made to develop it in rezidentia! lots as a part of a ma~or subdivision. An application was made to - I - upzone all of the "B" Light Business property along the mest side of Tabor Road to 'A" Residential and Agricultural except the one-acre parcel of this application. That zoning application was granted on December 5, 1978, as Amendment No. 109 of the Code of the To~n of Southold. We believe that this act of the Town Board legally set off this one-acre parcel from the remainder. An application was made to this Board for approval of a major subdivision to be known as "Oysterponds Village" and a preliminary nap dated November 27, 1978, was approved by this Board on February 13, 1979. A review of that map will show that this Board clearly recognized that the one-acre parcel of this application had already been legally set off because they did not require that it be included within that subdivision. On June 3, 1983, William W. $chrtever conveyed all of the "A' Residential and Agricultural land of this application to Richard J. Otllooly and William L. Otllooly, retaining the one-acre parcel of this application. Recently, William L. Glllooly made an application for a Building Permit on the parcel so conveyed and that application was denied by the Building Department. They contended that the one-acre parcel had not been legally set off from the remainder. ~hile we do argue that the evidence is clearly to the contrary, this application seems to be the most efficient way of resolving the issue. We do appreciate that it was not your action that created the problem, nor do we believe it was ours. But we do request that you act as promptly as possible to minimize the economic impact on William L. Gfllooly who is already under contract to the builder. Thank you for your prompt and considerate attentIon to o~,.problem. chriever Hain Rd., Orient, N. Y. 11957 - 2 - APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Soutlmld: The undersigned applicant hereby applies for ~ (final) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Sou(hold To~vn Planning Board, and represents and states as follows: 1. The applicant is the owner of record of the tand 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 he .(none) ........................................... 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy suggested.) See Schedule A of deed 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: Liber .9~7Z .................. Page 218 June 9~ ...................... On 1983 Liber ~e~r ........................ Page .................... On . Schedule A for a eou~p,~ete listing for the orl~,inal pa(eel) ........................ rage ........ ~an ....' ' Liber ..... , ................... Page ...................... On . Liber ........... ............. Page ...................... On as devised under the Last Will and Testameot of ............... or as distributee ....................................................................... · e area of the land is It**t425 acres 6. All taxes which are liens on the land at the date hereof have been paid o~]ll~ ............ 7. mThore, land 's.~encumbered by.one .......... tgage W as follows: ..................... ... ...................... (a) Mortgage recorded in Liber . 9.5.85 ........ Page ...~'~l ............ in original amount ors 110,000.00 unpaid amounts I10~000.00 ..................... held by .l!lllllam..l{...Sohx:leyer .............. address ...Ili/~i,rl .R¢~d, .o~.t,nl:, b!, y. 11057 (b) Mortgage recorded in Liber ......... Page ....................... in original amount of .............. unpaid amount $ ...................... held by ............... ...... address ............. ' ..... (c) Mortgage recorded in Liber .............. Page ................ in original amonnt of .............. unpaid amount $ ...................... held by ...................... ...................... address 8. There are no other encumbrances or liens against the land.lIMIlll~ ........................ 9. The land lies in the following zoning use districts .0ne,-&cre. ~$m2rcel..t:o. tm .set- ~f~f .... i... An...eh~ ..~..L.~,gb~:..~.~. P.~.s. t;r ~.c,~:.,. x~.~.~er..~,~. ]:A~ .A...a.~ ~¢~nt;~ e;~. 10. No part of the ]and lies under water whether tide water, stream, pond water or other~vise, ex* (none) cept ................................................................................... 11. The applicant shall at his expense install all required public improvements. 12. The land (~ (does not) lie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is .............................................................. 13. Water mains will be lald by ........................................................... and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by ......................................... lines. · ............... and (a) (no) charge will be made for installing said 15. Gas mains will be installed by ........................................ and (a) (no) charge will be made for installing said mains. ' .................. 16. If streets Shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County Highway system, annex' Schedule "B" hereto, to show same. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold Highway system, annex Schedule "C" hereto to show same. ' 18. There are no existing buildings or structnres on the land which are not located and shown on the plat. 19. Where the plat shows proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. 20. In the course of these proceedings, the applicator will offer proof of title as reqaired by Sec. 335 of the Real Property Law. 21. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex Schedule "D". 22. The applicant estimates that the cost of gradlug and required public improvements will be $ .......... as itemized in Schedule "E" hereto amlexed 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 "F". DATE .S. eplzember 2 19..8.3. (Address) · ~%{)~am ~. Schrtever (Na By (Si~ ....... ..~p. Road, Orient! N. Y. 11977 (Address) STATE OF NEW YORK, COUNTY OF SLWFOLK ................................ , SS: On the ... 8~.c;c}~d ........ day of...S, epl:~ber ................. 19.83 .... before me personally came Vltlltam L. Gillooly ........................................... to me known to be the individual described in and who execnted the [oreffoinff instrument, and acknowledffed that ....h9 ....... executed the same. t N~dC¥ Mt, COOK Suffo~ Co No. 4735151 '~_ Teym £xp~'e3 Maych 30, 1~0-' Notary Public / .......................... STATE OF NEW YORK, COUNTY OF SUFFOLK ................................ , SS: On the second day of. Sepl:ember 19 83 before me personally came ....... l~'{]'~l'i'g~' 'I'/'°' 'S'9~U:'.:I'~Yi~ir. ............. to me kuown to he the individual described in and who executed the foregoing iustrument, and acknowledged that . .h~ ........ executed the same. Term E~ M~ch ~, I~' Notary P .... SCHEDULE A DESCRIPTION OF THE LAND UNDER APPLICATION ALL that certain plot, piece or parcel of land, situate, lying and being at Orient in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows= BEGINNING at a point on the westerly line of Tabor Road at the northeast corner of land of Rich, said point being distant from the intersection of the northerly line of Orchard Street with the westerly line of Tabor Road North 1 degree 47 minutes 30 seconds East 253.24 feet; PROCEEDING along said land of Rich the following two courses: (1) South 87 degrees 47 minutes 30 seconds West 191.74 feet, and (2) South 2 degrees 18 minutes 40 seconds West 3.99 feet to land of Carlsson; THENCE along said land of Carlsson South 82 degrees 05 minutes 00 seconds West 141.50 feet to land of Wysocki; THENCE along said land of Wysocki North 2 degrees 48 minutes 00 seconds East 18.12 feet; THENCE along lands of Wysocki, Healy, Vail, Mosblech and Barra North 85 degrees 57 minutes 10 seconds West 437.22 feet; THENCE along land of Barra South 11 degrees 27 minutes 30 seconds West 93.82 feet to land of King Estate; THENCE along said land of King Estate North 78 degrees 59 minutes 00 seconds West 49.60 feet to land of Horton; THENCE along said land of Horton the following two courses: (I) North 14 degrees 44 minutes 00 seconds East 100.87 feet, and (2) North 70 degrees 06 minutes 00 seconds West 102.51 feet to land of Lionetti; THENCE along said land of Lionette and land of Krtpinski North 25 degrees 22 minutes 30 seconds East 170.03 feet; THENCE along land of Kripinski North 68 degrees 26 minutes 00 seconds West 15.26 feet to land of Moor-Jankowski; THENCE along said land of Noor-Jankowski the following two courses: (1) North 26 degrees 09 minutes 00 seconds East 240.04 feet, and (2) North 63 degrees 51 minutes 00 seconds West 173.95 feet to the easterly line of Village Lane; THENCE along said easterly line of Village Lane North 26 degrees 18 minutes 50 seconds East 50.00 feet to land of Constant; THENCE along said land of Constant the - 1 - SCHEDULE A following two courses: (1) South 63 degrees 51 minutes 00 seconds East 95.15 feet, and (2) North 25 degrees 51 minutes 50 seconds East 151.82 feet to land of Hagrino; THENCE along said land of Magrino South 64 degrees 44 minutes 40 seconds East 79.43 feet; THENCE along lands of Magrino and Soito North 26 degrees 09 minutes 00 seconds East 285.91 feet to land of Tabor; THENCE along said land of Tabor and land of Barbara D. Schrtever North 88 degrees 20, minutes 40 seconds East 470.64 feet to the westarly line of Tabor Road; THENCE along said westerly line of Tabor Road the following two courses: (1) South 0 degrees 38 minutes 00 seconds East 533.50 feet, and (2) South 8 degrees 06 minutes 30 seconds East 154.76 feet to land of the Toml of Southold; THENCE along said land of the Town of Southold the following three courses: (1) South 87 degrees 47 minutes 30 seconds West 208.50 feet, (2) South 0 degrees 38 minutes 00 seconds East 47.28 feet, and (3) North 87 degrees 47 minutes 30 seconds East 214.68 feet to the westerly line of Tabor Road; THENCE along said westerly line of Tabor Road the following two courses~ (1) South 8 degrees 06 minutes 30 seconds East 147.76 feet, and (2) South I degree 47 minutes 30 seconds West 15.31 feet to land of Rich and the point or place of BEGINNING, containing 14.425 acres. BEING AND INTENDED TO BE the same premises as conveyed to William W. Schriever BY DEED dated December 27, 1973, recorded January 10, 1974, in Liber 7567 Page 126, made by William and Efleen Lenzner; BY DEED dated February 26, 1974, recorded March 18, 1974, in Liber 7605 Page 507, made by Conover Kendrtck Thomas and William Scott Thomas as devisees under the last will and testament of Sara Conover Thomas; BY DEED dated March 14, 1974, recorded March 15, 1974, in Ltber 7605 Page 274, made by Helen G. Frost; BY DEED dated May 9, 1974, recorded Hay 14, 1974, in Liber 7637 Page 338, made by William Wysockt, Jr. and Joyce Vysockt, his wife; BY DEED dated January 26, 1976, recorded January 28, 1976, in Liber 7980 Page 555, made by Adrtana B. Vail; and BY DEED dated Hay 1, 1979, recorded Hay 3, 1979, in Libar 8620 Page 81, made by the Town of Southold. - 2 - Southold Town Planning Board Town Hall Southold, New York 11971 September 2, 1983 Re: Set-Off Under Section 106-13 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 Couuuission: (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 pr oposed .~~~~ llliam W. Schrtever ~ Main Road, Orient, N. Y. 11957 -- "ia) Jif ord(:r to on:¥Jer Che questlon." in this short EAF i~ ~s assu, thor the prcpoz'er will use currently oval.table inforr~otion concerning projecL and thu likely zmpoc'.s of the action. I~ is not expected tho% odclitiono] stud/er., research o~ o~har investigations w&ll be undertaken (b) ][ any que~t~c*n has been answered Yes ~he projec~ may be ~ignSF&can~ and o cornpl~:~ad Environmental Assessmen¢ Form ~s necessary. (c) IF all quesL~ons have been answered Ho L~ ~s ~Lkel'y ~ha¢ projec~ is not ~igniricont. . (d) Environm=nlal /~sse~sraen~ ' t. %'~i~ projcc% resuit--in O lorse physicol to ~ha project si~e or physically ol~er more 2. %'1111 ~hcre be o major change ~o any unique or · uhusuol land form found on %he si%e? .......... Yes ~ 3. ¥1ill projec¢ ol~er or here o large effect on YD~ ~ N~ ezis~ing body of wa[er? ............... i '. 4. %'~ill projec~ have o po~cn'Liolly large ' ' quoli~y Yes ~No on Dr oun(~wazcr ? ...................... . - 5. %'/ill projec¢ significcn¢ly off'et% drainage ' f~o¥1 on o~jac~n{ s~{os2 ....................... endangered plan% or onimol species? ........... Ye~ 7. ¥1ii1 projcc~ resul~ in o mojor advcrsc om oir quali%y? ........... · .................... : Yes' ~No . pr~ ec~ eve a ma or o cc~ on visuo ch(;roc~er of the coramuniCy or 5cenlc views or v~sLos known to'be impor~ont, to ~he communi%y? .... 'Yes ~. ¥1111 projec¢ adversely iml)acL any site or . 5%ruc~ure of his[orlc, prehistoric or paleon~o!ogical impo]'tonce or any si~e " (]csign¢,%ed os a cri[ic(:l environmental oreo .by a local agency? ............ ~;..'~','.~'.'.'.~"~..~-~es ~t,Jo 10. ¥1ill p,'ofi~c't have o major c~fec~ on exis%ing ,' or [u[urc recreo~ionn] opl~or~uni~ies? ......... Yes ' 11. ¥/.ill pro jet% resul~ in .meier ~roffi'c problems" ·' 12. ¥;ill projec¢ .regularly couse o ec~ioneble ' odors; noise, glorc, vibroJion, or elcc%ricol disLurbonco os'e rcsul~ of ~hc proj~c%'s opero [~or,? ...... .: ' Yes ~No 1"~. gill' project' J,ave on)' zm' poc[ on puJlic) heolLh or.soFc'~y? Yes ~N 14 %1il! ~ j ~ fro % %J i ~i iLy by" direc[ly cousi~fg o growth ~n permcncn~ I>opulo¢ion of more %hen 5 pcrceg~ over o Feet period or hove o meier nego~ive on the cJloroctcr o~ %be community or -// DATE~Sept:. 2, 1983 N,88 204D E. 252.32_ VACANT i'4 AI b,J ,< WM 5CN~iE.VE,r~- L_ 2LB?J7 0 208,50 ~i4.68 rl I9 h74 5.87°47' BO"k,,/