Loading...
HomeMy WebLinkAbout5828 89 C4L0p n ReALL __CLQ-- T 3 /0175 C!ca(a.ti Aux_e_A Rd , , ( ago ##- n9.2B C1 - jam 6 d oft-La Vim. �'� a/a/©6 m'�c?-,Le3, .9 v & 4 APPEALS BOARD MEMBERS ,,,,, ,,,,,,,,,, 111111�� ��F $�(/ Mailing Address: Ruth D. Oliva, Chairwoman ��� .$ /9 Southold Town Hall Gerard P. Goehringer ~O !� 53095 Main Road•P.O. Box 1179 1 Southold,NY 11971-0959 James Dinizio, Jr. • co b Michael A. Simon O Office Location: Q �� �r Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman `=lyCO� � d�� 54375 Main Road(at Youngs Avenue) -• '''� Southold, NY 11971 http://southoldtown.northfork.net RECEIVED '`'d"-tel ZONING BOARD OF APPEALS 42:00 ,Q004) TOWN OF SOUTHOLD Tel. (631)765-1809 • Fax(631) 765-9064 JUN $ 2006 FINDINGS, DELIBERATIONS AND DETERMINATION out6ofd Town Cler MEETING OF MARCH 9, 2006 ZB File No. 5828-OVLASID REALTY LLC Property Location: 1275 Cedar Beach Road and Orchard Lane, Southold CTM 89-3-1.1 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II 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 144,712 square foot parcel is improved with a small accessory building, and the land includes approximately 10,336 square feet of restricted right-of-way easement area, leaving 134,376 square feet for planning of a subdivision into two or more lots. The property is shown on 05/2005 and 11/2005 survey maps prepared by Destin G. Graf, Land Surveyor; the property is zoned at the westerly portion with approximately 64,723 square feet in the Hamlet Business (HB) District, and the remainder (71,933 square feet) zoned Agricultural-Conservation (AC) Zone District (excluding the 8,055 square foot restricted 50 ft. wide easement area of Clearview Road. BASIS OF APPLICATION: Zoning Code Chapter 100, Section 100-32, based on the Building Inspector's December 9, 2005 Notice of Disapproval concerning the applicant's proposed division of land into four (4) lots. The reasons stated for the denial are that proposed Lots 3 and 4 will not meet the required 80,000 square feet of land area as proposed with a total land area of 35,940 square feet and 35,993 square feet, Lots 3 and 4 respectively in the Agricultural-Conservation Zone District. It is further noted that Lots 1 and 2 as proposed will not be less than the code required 20,000 square foot minimum in the Hamlet Business District. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 2, 2006, 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 finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant is requesting area variances for lots which do not meet the minimum size requirement of 80,000 square feet in area for the Agricultural-Conservation Zone District. The proposed sizes of future lots 3 and 4 will not meet the required 80,000 square feet of land area in the Agricultural-Conservation Zone District with 35,940 square feet for Lot 3 and 35,993 square feet for Lot 4. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variances will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The surrounding neighborhood consists mainly of single-family dwellings on lots with one acre or greater in size, and in the Agricultural-Conservation Zone District. The variance between Page 2—March 9,2006 • ZB File No.5828—Ovlasid Realty CTM No.89-3-1.1 the size of the proposed 35,940 square feet and the code required size of 80,000 square feet, would produce an undesirable change in the neighborhood and cause detriment to properties that are nearby. The applicant owns a lot that is 134,376 square feet of usable land, and may be used for single-family dwellings in the A-C District portion, or uses allowable in the Hamlet Business portion, or both if planned to conform to the Zoning Code requirements. It is this Board's determination that it is not sufficient for an applicant to submit that a variance should be granted because of applicant's need for a fourth lot, instead of three lots as an alterative in meeting the code lot size requirements. It appears that the applicant's plan is for a greater economic return of his property, rather than a plan that is reasonably related to the codes and character of the neighborhood. The property has remained as a single 3.08 +/-acre lot, shown on the former Subdivision Map of Cedar Beach Park. In this instance, applicant has not offered any showing of economic loss or practical difficulty other than that found by this Board and the New York courts to be insufficient for a grant of area variances. 2. The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance because the property is at least three acres in size as exists and the zoning would allow one lot of 80,000 square feet in the Agricultural-Conservation Zone District, and at least one lot of 20,000 square feet in the Hamlet-Business District. 3. The variances requested are substantial, representing a reduction of 44,000-/+ square feet for each of the two proposed lots, instead of the 80,000 square foot requirement for each in the Agricultural-Conservation Zone District. 4. The claimed difficulty has been self-created since the applicant is able to obtain a division of land to create two or more lots while meeting the lot size requirements of the Zoning Code, without variances. 5. Testimony was received by area landowners with concerns and reasons why variances should not be granted. The Board finds that the requested variances in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 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 DENY the variances as applied for. Any deviation from the variance given such as extensions,or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future 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), Goehringer, Simon and Weisman. (Member Dinizio was absent.) This Resolution was duly adted (4-0). 6- Ruth D. Oliva 6/5'/06 Approved for Filing APPS S BOARD MEMBERS • r,•", ,, A of SOut _ Mailing Address: Ruth D. Oliva, Chairwoman � 4 y� Southold Town Hall Gerard P. Goehringer 53095 Main Road •P.O. Box 1179 James Dinizio,Jr. G Southold,NY 11971-0959 Office Location: Michael A. Simon p t '� ' Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman '‘‘`41191,4110V>4' 54375 Main Road(at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631) 765-9064 June 8, 2006 Regular Mail and Fax Transmission Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Appeal No. 5828 — Ovlasid Realty LLC Dear More: Please find enclosed (by both fax and mail) copies of the above determination, filed today with the Town Clerk. Thank you. Very truly yours, Linda Kowalski End. Copies of Decision also to: Town Clerk (original) Building Department Planning Board Mr. and Mrs. Richard Perry (Ref. P. Moore request for adjournment) • • LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 2, 2006 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, MARCH 2. 2006: 3:05 P.M. OVLASID REALTY LLC #5828. Requests for Variances under Section 100-32 (Bulk Area Schedule), based on the Building Inspector's December 9, 2005 Notice of Disapproval concerning the applicant's Lots 3 and 4, proposed with a land area of less than the code required 80,000 square feet in an Agricutlural-Conservation (AC) Zone District. Location of Property: 1275 Cedar Beach Road, Southold; CTM 89-3-1.1 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to contact our office (631) 765-1809, or linda.kowalski@town.southold.ny.us. Dated: February 7, 2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski . of vasicd 1&A -h le (3p/oz • • #7760 h J STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Jean Burgon of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks, successively, commencing on the 2nd day of March , 2006 8/A.K incipal Clerk Sworn to before me this iatday of 2006 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY,MARCH 2,2006 PUBLIC HEARING HEREBY IS GIVEN,pur- pur- suant to ertio0 the Law and Chapter 100(Zoning),Code of the CHRISTINA V LINSKI Town of Southold,the following public NOTARY PUBLIC-STATE OF NEW YORK hearing will be held by the SOUTH- OLDNO. Ol-V06108080 TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 QuolitleO In Suffolk COUnfy Main Road, P.O. Box 1179, Southold, New York 11971-0959,on THURSDAY, Commission Expires February 28, 2008 MARCH 2,2006: 3:05 PM. OVLASID REALTY LLC #5828. Requests for Variances under Section 100-32 (Bulk Area Schedule), based on the Building Inspector's De- cember 9,2005 Notice of Disapproval concerning the applicant's Lots 3 and 4, proposed with a land area of less than the code required 80,000 square feet in an Agricultural-Conservation (AC) Zone District. Location of Property: 1275 Cedar Beach Road, Southold; CTM 89-3-1.1. The Board of Appeals will hear all persons,or their representatives,desir- ing to be heard at each hearing,and/or desiring to submit written statements before the conclusion of each hear- ing. Each hearing will not start earlier than designated above. Files are avail- able for review during regular business hours. If you have questions,please do not hesitate to contact our office(631) 765-1809, or linda.kowalski@town. southold.ny.us. Dated: February 7,2006. ZONING BOARD OF APPEALS RUTH D.OLIVA, CHAIRWOMAN 7760-1T 3/2 DEC 09 '05 10:32F11 SODU,D BUILDING 631 765 9502 • FORM NO. 3 TOWN OF SOUTHOLD D BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL TO: Ovlasid Realty LLC DATE: December 9, 2005 1275 Cedar Beach Road Southold,NY 11971 Please take notice that your application dated December 9.2005 For a permit for a subdivision at Location of property: 1275 Cedar Beach Road. Southold. NY County Tax Map No. 1000 - Section 89Block 3 Lot 3.1 Is returned herewith and disapproved on the following grounds; The proposed subdivision of a lot located partially in theEB and AC districtaja not permitted pursuant to Article III. Section 100-32, which states; "No building or premises shall be used and no building or part thereof shall be erected or altered in the A-C.R-80.R-120.R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein full." Bulk Schedule respires a minimum lot size of 80 000 spa*e feet Following the Orono b tyisiot. =posed lot 3 will be non-conforming.with a total lot size of 35,940 satiate feet and vroposed_lot4 will be nonconforming with a total lot size of 35.993 square feet, Lots 1 and 2 will be conforming. Approval from the Southold Town Planning Board is also reauired. f Authorize Signre Note to Applicant:Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file, Z.B.A. APPLICIPION TO THE SOUTHOLD TOWN BOARD OF APPEALS /. p For Office Use Only Fee: �' cc By:filed By: P.( lone' iv,. .„44, Dalt .4ssignedrAssignment No. r_r ,�� Office Notes: Parcel Location: House No, Street ✓ca' ,3 0 'Coe, Hamlet ciorcy fn/ tor 3 3a) /0/ w/o tocO SCTM 1000 Section99 Block3 Lot(s) /,/ Lot `s 3t9 Yq 7 curio � o& Zone llIstrict 4C I (WE) APPEAL THE WR1 'EN DETERMINATION OF THE BUILDING INSPECTOR DATED: i—L/ sf / os VA1-if-Arcc IIS. SUFJOtU(sr 0? Applicant/Owner(s): t/OSr e rr Ltc Mailing nn Address: 5-0 Inn in /rk V U( East P/0tr, /rte Alc/ //ie3 Telephone: tj J(D — (o el 7 70 6/ ce</ /� woe /r/icSa l(ro NOTE: If applicant is not the owner,slate if applicant is o n er's attorney,agent,architect,builder,contract vendee,etr. Authorized Representative: Pe��r� tG K /floppy LI? Address: 5 is Z.o Ma/ri lec t c/ / CS'otaho/o '3/l A //97/ Telephone: 691' 76,51-76,51- 9330 ,c . 74 s--... a 5/3 Please specify who you wish correspondence to be mailed to, from the above listed names: Cl Applicant/Owner(s) %Authorized Representative 0 Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: 0 Building Permit O Certificate of Occupancy 0 Pre-Certificate of Occupancy 0 Change of Use 0 Permit for As-Built Construction CR 5vbd t vr;sebn ),c/d Mate (Lot _IA 1[1- zone Other: //C /4-c . Provision of the Zoning Ordinance Appealed. Indicate Article,Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article /11 Section 100- 01 ✓ Subsection Type of Appeal. An Appeal is made for: XA Variance to the Zoning Code or Zoning Map. 702 Lo 1s /^ 4C z o^e ❑ A Variance due to lack of access required by New York Town Law-Section 280-A. O Interpretation of the Town Code, Article 0 Reversal or Other Section_ A prior appeal 0 has 0 has not been made with respect to this property UNDER Appeal No. Year er7�—�vtYL 4e CNCe»ivc -L,vot/•— ten t t Usa • • Reason for Appeatontinued Zoning Board of Appeals re: Olvasid Realty LLC (formerly General Wayne Inn) Pursuant to Town Law section 267b-3 the Southold Town Zoning Board of Appeals is to analyze and assess the personal benefits anticipated by the applicant against the potentially deleterious effects that a grant of the relief requested would have on the health, safety and welfare of the effected neighborhood or community. In performing this balancing test, the Zoning Board is charged with the responsibility to consider the five factors enumerated in Town Law Section 267b- 3(b). The variance should be granted for the following reasons: 1. No undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties, if the variance is granted. The site is formerly the General Wayne Inn, a restaurant and hotel, there have been various attempts to restore the structure and continue the commercial use. The applicant intends to terminate the commercial use and construct 4 single family homes all in keeping with the residential character of the neighborhood. The yield plan shows that the parcel is split zoned(Hamlet Density-allowing 20,000 sq. ft.parcels)and AC- (one 80,000 sqft parcel)The two acre parcel is split zoned and the ownership runs to the middle of Cedar Beach Road. The area of the road is deducted from the area calculation resulting in the AC lot being less than the required 2 acres. In addition, the proper development of this parcel is four evenly placed lots, because one of the HD lots is located in the AC zone the building department has advised that both proposed lots 3 and 4 require area variances. Nevertheless, lot 3 is relocated into the AC portion of the parcel and does not cause an increase in zoning density. 2. The benefit sought by the applicant can not be achieved by some method, feasible for the applicant to pursue, other than an area variance. The AC lots- lot 3 is relocated from HD zoning(lot larger than 20,000 sq ft) and Lot 4 is less than 80,000 but has the additional square footage of 4,440 sq ft in the HD zoning (shown as Area "A") and 10,336 sq.ft. to the center line of the road(shown as Area"B"). The proposed plan is a better community plan then having three small lots and one large lot. The evenly sized parcels are larger than the surrounding neighboring parcels, but in conformity with the neighborhood plan. The HD lots could be developed with 15' front yard setbacks which would not be in keeping with the residential feel of the neighborhood. The existing General Wayne Inn will be demolished and the community will benefit from the elimination of a commercial use. 3. The area variance is not substantial The application of the balancing test weighs in favor of the grant of the variance. The AC lot is only 10,064 sq.ft. less than required, primarily due to the deduction of the right-of-way from the lot area calculation. A two acre parcel would actually be out of character with the neighborhood which is predominantly one-half acre lots. 4. The variance will have no adverse effect or impact on the physical or environmental conditions in the neighborhood or district. • • The overall development of the parcel as four residential lots which disregard the much more intensive development available of HD zoning and the commercial use historically opperated on the property will be a significant positive impact on the neighborhood and mitigate the impacts on the environment. 5. The alleged difficulty was not self-created. The split zone of the property and road frontage create the difficulty. The parcel will be developed at less than the maximum development potential. 6. The variance requested is the minimum variance practicable given the personal benefits anticipated by the applicant. We respectfully request that the appeal be granted, together with any further relief that is deemed necessary and reasonable. ature State of New York ) )ss County of Suffolk ) Sworn to this 9th day of December, 2005 - C.P No ary Pu.lic MARGARET C. RUTKOWSKI Notary Public,State of New York No. 4982528 Qualified In Suffolk Counti_ Commission Expires June 3,_g.° • • PROJECT DESCRIPTION (Please include with Z.B.A. Application) Applicant(s): i . z� ft, I. If building is existing and alterations/additions/renovations are proposed: A. Please give the dimensions and overall square footage 1 �otage of extensions� beyond existing building: Dimensions/size: eyuttrny hu /i ! t cfno'obsited Square footage: B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: Dimensions/size: N/A Square footage: • II. If land is vacant: Please give dimensions and overall square footage of new construction: Dimension/size: p r0/posed StibcIiY[, or Square footage: Height: III. Purpose and use of new construction requested in this application: 'Inc Va.-unto ABY 'prosed /oto 3 4,14, 9 IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): Zone �JrzzrJ� H/> Jots macbr • Ac /a/5 3s,"990 [Lof 3,51973 fLt .4'j V. Please submit seven (7) photos/sets after staking corners of the proposed new construction. • 7/02 Please note:Further changes, after submitting the above information, must be placed in writing and may require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed, please contact our office, or please check with Building Department (765-1802) or Appeals Department (765-1809) If you are not sure. Thank you. . • • QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Is the subject premises listed on the real estate market for sale? ❑Yes kilo B. Are there any proposals to change or alter land contours? ❑Yes '2(No C. I)Are there any areas that contain wetland grasses? ,./Vo 2)Are the wetland areas shown on the map submitted with this application? Ata 3) Is the property bulk headed between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? /Vo Of not applicable, state"n/a".) E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? Yes "none".) (erza V.nc n (If none exist, please state --�� rszcdS vv tan ' /Je demo/shed 2izae Do you have anyc�structi n taking place at thistime 'I- F. concerning your If yes, please submit a copy of your building permit and map as approved by�the Buildin—g Department. If none, please state. G. Do you or any co-owner also own other land close to this parcel? /1/o If yes, please explain where or submit copies of deeds. H. Please list present use or operations conducted at this Wc parcel 6enZ�rct f u� n and proposed use re., �r 42-g-of" • uthorized Signature and Date k 1.03 6.3AK1 I ou II "—?I m- r u, VIII --r Tnn n I „n 1 u„ --r I I I I I I 1 I " I I I 14.2 I I II ,n I II 11 5.0ud I II II I I I I I I I 1250'1 1 . I Ra. I BEACH CEDAR ' 84k. O .F 1 2.91101 __ I ice.. . 1 ry / Dryad's 3.Lplc1 TOWN OF Basin 84. . SOOLNOLO tl vva¢mvn[n.y. St a Arlar 51 / �1.6AIc) / :/ BI aRCM / -i 1 4Ra " fsu0) / / a. I-- s.1LA. 1.14 441 / / S x 1l1 8 Ef5)..6 / a 1- W I x r. 1.lAlc1 \ I r pALN 0 O ter) 1.1 3 e I x Albp J 11.3 /ml 1.41101 7 Cr 7/ 7 I �7 wu 11.1 n., LOAN 121.5 l I 1.2AId 9 a C. "* L "�.` NOTICE COUNTY OF SUFFOLK © E o,„Q " MAINTENANCE,ALTERATION.SALE OR Real Property Tax Service Agency Y FS os a MN PORTION or THE '`x ge SCUT on n cow n a"w o n County Center E x EExhaOG N Y 1I901 IA oea091 VLLAGE OF a e'llTF°PS'InsaF.F FIFE A ,a, o„ QiNR b 100C i X na. - n eittr • 617.20 �� Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no format knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE — Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project n Part 1 n Part 2 Part 3 Upon review of the information recorded cm this EM(Parts 1 and 2 and 3 if appropriate),and any other supporting information,and considering both the magnitude and importance of each impact it is reasonably determined by the lead agency that: 0 A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment therefore a negative declaration will be prepared. nB. Although the project could have a significant effect on the environment there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* ElC. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. *A Conditioned Negative Declaration is only valid for Unlisted Actions L , c L I/o e gRri//r L✓ Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(Ifdifferent from responsible officer) Date Pana 1 of 21 • PART 1—PROJECT INFORMATIO Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. Name of Action I) , J g L V a 6 R._y v!E Location of Action(include Street Address, Municipality and County) Se ,-, r CoE <v2 Res che /ev7et;~0 ate c 469.e,) l ,g�ci l3,‘it yv,-.--,,- Name ofApplicanVSponsor _ t-. , / Address 99 gC 0<_o Co,,vT.e /f 7 Knq.n City I PO PLecFin,. kir it State 4ll Y Zip Code //S[3 .? Business Telephone (r/6 ) c 9' 2 _ )c ‘C Name of Owner(if different) Address City/PO State Zip Code Business Telephone Description of Action: 'n 1/20fogEO "filo 7 & cr /-V4OGre- s y- rZ 72 c/Gvs-/"'�� ScidD/rs/o-y of 4 �, 3:7 /4c!/ct s /T� v/. 7Z, 7 L cars 3 s-/ ?Yo SP. f=. /*1 i•v./n id ti, La Si 2c� /LES., 0 -->, 7-,..it vSc ,4-.7- ,l'/2 c SS. .-- r-/ 4F'f o/r <✓�j ig.T c'G 7, S/,� o ©P THS 5 ,7-a IS Zor,clJ y /+,Lr-T 8 u S«y 6-5 S �l.v/f,c l�` \` 7lc=GDS S} S- flLL /G'c�< P�n.i< PL Lv�iJ /4 —C / L✓/frc H `f/�Ct� S .� La/ l 1 �i-c` Xe--S�,OcS...- Ti/ej � C u J pp Cct7-. S'Ug, ir,5/o<,. 0.104'41 i> C/Cg}g7-cc clgeSiPan" /-9 C LOTS G ,. ACL el2 OfoS G> [ arS / 1 T,94'/,,, EX isT/N4 S-L <.UisrD ,..,4 tors Pano 9 of 91 Please Complete Each Que.--Indicate N.A. if not applicable'', A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Prec rt Land Use: ri Urban Industrial Commercial IT Residential (suburban) Rural (non-farm) nForest n Agriculture 0 Other /1 gist—ocn,/cb Con-.i..et C<-'9C (.JV lc orn5 2. Total acreage of project area: _ a acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) R.la acres 0- r S` acres Forested acres acres Agricultural (Includes orchards, cropland, pasture,etc.) acres acres Wetland (Freshwater or tidal as per Articles 24,25 of ECL) acres acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) 0.C:atj acres acres Roads, buildings and other paved surfaces O.,:?cam acres 0- 7 acres Other(Indicate type) 1-/9-/v-09 Sc*pea acres a- V acres 3. What is predominant soil type(s) on project site? a. Soil drainage: al Well drained dao %of site 1-1 Moderately well drained % of site. J1Poorly drained _%of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? acres (see 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? El Yes12:1 No a. What is depth to bedrock god f (m feet) 5. Approximate percentage of proposed project site with slopes: n0-10%Io0 % E110- 15% % n 15%or greater % 6. Is project substantial contiguous to, or contain a building, site, or district, listed on the State or National Registers of Historic Places? tf�lI Yes n No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? 171 Yes JfNo 8. What is the depth of the water table? S (in feet) 9. Is site located over a primary, principal, or sole source aquifer? jYes C]No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? (Ti Yes I/{l No Pang fl of 91 '�C' 11. Does project site contain any spill of plant or animal life that is identified as ted or endangered? ®Yes pppNo According to: Tiatin 45 ]k/. G24tin c 45'1 ,' S ; .12-vsf'cci7on/ Identify each species: — 12. Are there any unique or unusual land forms on the project site?(i.e., cliffs, dunes, other geological formations? 0Yes El No Describe: 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ED Yes ISNo If yes, explain: [_ ___ __. ___ ___ __ 14. Does the present site include scenic views known to be important to the community? Dyes ZING 15. Streams within or contiguous to project area: a. Name of Stream and name of River to which it is tributary area: _ 16. Lakes, ponds, wetland areas within or contiguous to project b. Size (in acres): Pana A of 91 17. Is the site served by existing pub lilies? rgi Yes 11 No • a. If YES, does sufficient capacity exist to allow connection? NIYes DNo b. If YES, will improvements be necessary to allow connection? 12 Yes fNo 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? E fres No 19. Is the site located in or substantial [I iguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, ,®E and 6 NYCRR 617? rlYes No 20. Has the site ever been used for the disposal of solid or hazardous wastes? 1:1Yes rIONo B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate). a. Total contiguous acreage owned or controlled by project sponsor: - 3 acres. b. Project acreage to be developed: 3, 3 oZ acres initially; 3 3 acres ultimately. c. Project acreage to remain undeveloped: d acres. d. Length of project, in miles: 4f/jz} (if appropriate) e. if the project is an expansion, indicate percent of expansion proposed.p1)4 f. Number of off-street parking spaces existing R 7 ; proposed 9 g. Maximum vehicular trips generated per hour: (upon completion of project)? h. If residential: Number and type of housing units; One Family Two Family Multiple Family Condominium Initially 7 Ultimately Y (/ i. Dimensions ('m feet)of largest proposed structure: 3 S 7 height; o width; -70 length. j. Linear feet of frontage along a public thoroughfare project will occupy is? I /0G7 ft. 2. How much natural material(i.e. rock, earth,etc.) will be removed from the site? 0 tons/cubic yards. 3. Will disturbed areas be reclaimed Yes ONo [JN/A a. if yes, for what intended purpose is the site being reclaimed? C�e> I_ '7 1-4.-y t--Pii✓4 LJ/GL /Qc' c'l7 8L('S/f8O o-- / 1>/S7--c a. 4o7a 4aews b. Will topsoil be stockpiled for reclamation? IDYes El No c. Will upper subsoil be stockpiled for reclamation? RIYes fl No 4. How many acres of vegetation (trees, shrubs, ground covers)will be removed from site? a-?S'acres. Pace 5 of 21 5. Will any mature forest (over 100 s old) or other locally-important vegetation•moved by this project? fl Yes cNo 6. If single phase project: Anticipated period of construction: (1 months, (including demolition) 7. If multi-phased: NV/Q' a. Total number of phases anticipated (number) b. Anticipated date of commencement phase 1: month year, (including demolition) c. Approximate completion date of final phase: month year. d. Is phase 1 functionally dependent on subsequent phases? n Yes riNo 8. Will blasting occur during construction? ri Yes 94 No 9. Number of jobs generated: during construction i S ; after project is completeCY 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? IXYes ri No If yes, explain: Exisn.✓4 S.'3-+'/'7y, r 5 `, s -en, (dict t ' 2cenn0r&o AS' to .v SL/ y 59s7-E••, 3- Lei ycc- gam- /.vs:vitt eta Poa f P/C v F'o 5c A t7WSLL icy 6S.____�__._.-_-_- 12. Is surface liquid waste disposal involved? [ a Yes INo a. If yes, indicate type of waste (sewage, industrial, etc) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? ,i.\i Yes El No Type .Sic_v i rip. 5t CRq y c,/lt7 C 14. Will surface area of an existing water body increase or decrease by proposal? U Yes,JNo If yes, explain: 15. Is project or any portion of project located in a 100 year flood plain? ElYes DNo /./yP?o,i;_ 6./ooc> s 4, rr 16. Will the project generate solid waste? Yes O No v P- S r r N is to rif..,, /co ycnQ a. If yes, what is the amount per month? O- V tons F c oo !�C rri /S% v�vat ate. „ [Tii s P,a ,tr , i-v rift , PZ , b. If yes, will an existing solid waste facility be used? �Yes J No c. If yes. give name �a-y�N e r So1/4..17.,yt04 v LRwOFecc location Co ref./0 C v c� d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? ea Yes D No Pana R of 21 e. it yes, explain: • • Pee: C t_ R. C.c. ,n- rreez 1, G. .S 17. Will the project involve the disposal of solid waste? 11Yes ti No a. If yes, what is the anticipated rate of disposal? tons/month. b. If Yes, what is the antirinated site life? years. 18. Will project use herbicides or pesticides? f Yes f'No 19. Will project routinely produce odors (more than one hour per day)? nYes BINo 20. Will project produce operating noise exceeding the local ambient noise levels? nYes]No 21. Will project resadt in an increase in energy use? Yes [] No it yes, indicate type(s) aEL oiL $ et CialC_ , 5." C 716,'A GJ1Ti,r 7-y ?>cit.C C/ /Q[t - ^`.may Re •• ON T,qL CI Se; 22. If water supply is from wells, indicate pumping capacity /t//A gallons/minute. 23 Total anticipated water usage per day <i 42c4°gall°ns/day, 24. Does project involve Local, State or Federal funding? pi Yes Ri No it yes, explain: • Pace 7 of 21 25. Approvals Required: • • Type Submittal Date City, Town, Village Board n Yes PO No 7S" CcusTe2 City, Town, Village Planning Board RI Yes n No Sa k p f y.s io,,, City, Town Zoning Board n Yes 121 No City, County Health Department PSI Yes n No LR.V p b, 1/4s-.0-7.. Other 1 oral ,Age..des O Yes M Nn Other Regional Agencies n Yes 171 No State Agencies D Yes IS No Federal Agencies nYes ritiNo C. Zoning and Planning information l- 1. Does proposed action involve a planning or zoning decision? a Yes ri No If Yes, indicate decision required: ITZoning amendment n Zoning variance 0 New/revision of •• � _.•� a _. ,,, master plan Ir Subdivision b-_.vi_cin n RI Site plan n Special use permit n Resource management plan n Other Pan=R of 21 ?. What is the zoning classificatioMn(lithesite? • • . I. y9 4cX .cS cS,r-e 1 S ZO.Vea /,&'i..•.c��i Ss,.✓6-i S ' 1. 5t/ 4Cize-s- of 5/TC /S 2o.vEJ 4--c • 3. What is the maximum potential development of the site it developed as permitted by the present zoning? A Tonic o f y s ,.vc c — F-•9r.-iL<J a es, oty..7-, #L Lo 7—s- ! • 3 G .ei s ea, i-1�.^`Ca-?-- &,S,... ta- S 2c).-.-GU Pa may - ± L or c.v f}-C Zca# n' Fatha•v 4. What is the proposed zoning of the site? p/c C M - 4 - /N 2c4.v..,.ts JJ P24o fo1c,�> 5. What is the maximumppotential development of the site it developed as permitted by the proposed zoning? /✓/i/ • • 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? !iik yes fl No 7. What are the predominant land use(s) and zoning classifications within a liii mite radius of proposed action? T/4c 'ciaa4 StfloOne a..vcr SU fez, "-Ain_at c7 /✓i+•?J Lit 5,.., 4 cc`- {-::19-^et C, t^c-S•a ecadn-- /?L o se 8. Is the proposed action compatible with adoining/su grounding land uses with a 14 mile? In Yes rI No Q. If the proposed action is the subdivision of land, how many lots are proposed? 7 to T S a What is the minimum lot size proposed? ' s— 9 fre, S,e, f Pane Q at 91 tctuon require any illorizationts1 for the formation of sewer or wililistricts? ❑ Yes I/. No 1i. Will the proposed action create a demand tor any community provided services (recreation, education, police, tire protection? fYes D No If yes, is existing capacity sufficient to handle projected demand? ItVagfl No 12. Will the proposed action result in the generation of traffic significantly above present levels? Yes la No a. if yes, is the existing road network adequate to handle the additional traffic. [1 (iYes I 1 No D. informational Details Attach any additional intormation as may be needed to clarity your project. It there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the intormation provided .•• • s -- to the best of my knowledge. n Applicant/Sponsor Name Vis- ,+, 1-c% • / cL(y-, Date /9 u q u s r J g as civ, / Signature , Title C ♦P erg C o-v S rr51.v r if the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. Pant:, in of 91 • APPLICANT • • TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow �l it to take whatever action is necessary to avoid same. i9 YOUR NAME: jos eph Sfro ires. va s. cy a / LtC (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company_ If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance _ Variance X Change of Zone Approval of Plat Exemption from Plat or Official Map _ Other If"Other", name the activity: Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO X If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director,partner, or employee of the applicant; or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted Signature, -/ z 'L Print Name: i i2.�'` /7IJD7.re a q e sawinis HOMEOWNERS ASSOCIATION, INC. P.O. Box 428 Southold, New York 11971 Patricia C. Moore 2/22/06 Attorney at Law 51020 Main Road Southold,NY 11971 Dear Ms. Moore, Thank you for contacting us regarding the variance requested for the property at 1275 Cedar Beach Road, Southold NY, SCTM 1000-89-3-1.1. We would like to go on record as being opposed to the building of four houses on the said property. As is stated in the legal notice, 80,000 sq ft are required per lot, and the property is only 144,712 sq ft. By pure mathematics only one lot is capable of being built in this area. We could even understand the variance if it was requested to put 2 lots of 72,000 sq ft each, but 4 lots of 35,000 sq ft is a blatant disregard of the requirements of an Agricultural- Conservation Zone District. This would also add to a growing amount of congestion and traffic in a very stable but expanding area. We are sorry to have to take this stance but we feel we must to protect our present community. If you would like to discuss this matter please contact Mr. James Fedele at 718 343-1409. Thank You, Ellen Meet'& Joann faa J 5edele Angel Shores Homeowners Association Committee cc: Southold Town Zoning Board of Appeals Town Hall 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 ELIZABETH A.NEVILLE / �4 4 ; Town Hall, 53095 Main Road TOWN CLERK ; * * P.O. Box 1179 Southold, New York 11971 REGISTRAR OF VITAL STATISTICS G Q MARRIAGE OFFICER '.tom �O �l Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER ; l iii Telephone (631) 765-1800 court 1 FREEDOM OF INFORMATION OFFICER �C�Un1,�� � southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: December 19, 2005 RE: Zoning Appeal No. 5828 Transmitted herewith is Zoning Appeals No. 5828 of Olvasid Realty LLC-the Application to the Southold Town Board of Appeals. Also enclosed is the Project Description, a Questionnaire for Filing with the ZBA Application, a Transactional Disclosure Form, a Full Environmental Assessment Form, an Authorization Letter, a Notice of Disapproval, a Conceptual Sketch Plan with Tree Locations, and a Proposed Land Division Yield Map. 1I il 4 -Pt- ?1 1 I „„ il it . , 1 61 Pl<1 <. 1 '. o'150 1 RD. CEDAR BEPC„ --,r.r 1 11//11�11 , "<a r.E V 81 13 Y TO ca Cr SCL"NOLO Berm 2 I J PAW , I Cc y I R 8 Oa> . II II �a,.\�,Y 1 ORCHARD f9a<I `n�'1-». 4. 44 m mnl J h 11 I U RD rr, It fec.1 _ 1 O3 8 ' ',I auW - _ II o I I 1 El Cc.-P. „4 • fza<I ¢ ce U et O I 1'fS'Ocii&1 .=„�W , , ?,e) liu. tF9-3- � (ov 343 ' �'' I � I • • ( •• OF SUFFOLK I � t✓� STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISLES,AICP DIRECTOR OF PLANNING September 20, 2006 Ms. Ruth Oliva, Chair Town of Southold ZBA SEP 2 2 2336 53085 Main Rd., P.O. Box 1179 Southold,NY 11971 Dear Ms. Oliva: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s)submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Apulicant(s) Municipal File Number(s) Manos, Peter&Arlene 5730 Klein, Geri Ai-mine 5793 &5853 Curran, James 5795 Neumann, James N. 5822 Olvasid Realty* 5828 Fischer, Daniel 5833 Aliano,Nicholas** 5846 Hajek, Frank&Rose 5847 Miritello, Stephanie 5849 Chapman, John 5857 343 East 18 LLC (Lowry) 5860 Sweeney,Jim& Susan 5865 Ward, Richard& Susan 5867 Estate of Glenn Boocock 5868 Kennedy, Sheila 5870 Galizia,Henry 5871 Baner, John&Denise 5874 Perillo, Thomas*** 5879 Fitzpatrick, Thomas&Mary 5880 Romanelli Brothers 5882 Perry, Richard &Kim 5886 Pollio, Anne 5889 Ekster, Lawrence &Ann 5891 Deegan, Francis&Nancy 5892 Bissett, James III 5894 Sutton, Alexander&Tracy 5898 Sullivan,Robert&Jackie 5902 LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR • P.O.BOX 6100 . (631)853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 TELECOPIER(631)853-4044 • I 2 S Latham, Stephen&Joan 5904 Fitzgerald, James 5905 Constantino, Ralph&Carmela 5908 Mascia, Philip 5899 Thermos, Barbara 5910 Gonzales, Joseph 5917 Albrecht, Scott&Wendy 5923 *The application as proposed is bordering on an overintensification of the use of the premises. The property can be reasonably developed in accordance with the existing zoning without seeking variances for an additional lot. **Staff notes the excavation for the footings and retaining walls associated with the proposed house. Limiting the size of the residence will help in minimizing impacts to the bluff. ***The proposed 15 ft. wide right-of-way should be designed as a flag lot to ensure the lot to the south will have legal access to Peconic Bay Blvd. Very truly yours, Thomas Isles,AICP Director of Planning S/s Christopher S. Wrede Environmental Planner CSW:cc LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR . P.O.BOX 6100 (631)853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 TELECOPIER(631)853-4044 • • PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971-4616 Tel: (631) 765-4330 Fax: (631) 765-4643 Robert G. Kassner Margaret Rutkowski Legal Assistant Legal Secretary AUGUST 17, 2005 Anthony P. Terzza, Senior Planner Southold Town Planning Board Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: Standard Subdivision of Joseph DiSalvo SCTM# 1000-89-3-1.1 Dear Mr. Trezza: Enclosed, as requested in your letter of July 19, 2005, is the EAF Form Part I (Long Form). If you have any questions, please contact this office. ////gVery truly yoursipt:ceei , G , atenrce Patricia C. Moore Encl S • • PATRICIA C.MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 Margaret Rutkowski Betsy Perkins Secretary December 12 , 2005 2005 Southold Town Zoning Board of Appeals Ruth Oliva, Chairwoman Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Ovlasid Realty LLC Variance Dear Chairwoman and Board members : The property known as the General Wayne Inn is proposed for re-development as four residential lots . The HB lots will be developed with larger setbacks then HB requires (front yard setback allowed 15 ' and 20, 000 sqft. conforming lots) ; Rather than 3 HB conforming lots along the road we wish to place one of the lots in the AC zone. I believe that there is only one lot requiring an area variance (the AC lot) because of the deduction of the right of way from the area calculation with one lot requiring a variance. We have filed the appeal in accordance with the notice of disapproval which determined that two lots require a variance. We ask that the ZBA review the notice of disapproval and determine whether one or two lots require the variance. This plan is favored by the Planning Board and the neighbors because it eliminates the commercial use of the General Wayne Inn and create lots which conform to the residential character of the neighborhood. Enclosed please find 7 packets of the following documents : 1 . Notice of disapproval 2 . Proposed subdivision map and yield map 3 . Variance Application with questionnaire & project description 4 . Transactional disclosure form 5 . Long EAF filed with the Planning Board as lead agency • 6 . My check for $600 for two lots requiring an area variance. If you need anything else please do not hesitate to contact me. VtYu q ours, Pai- C. Moore cc : Mr. DiSalvo 12/13/2005 20:37 631-476-6933 TWC GROUP INC • PAGE 01 ansiammilimms Complete rad csesante.--lacludisg n tnting,Datil a EnrinTrnilittal to.BOX 5535 Miller Place,New York 11764 Thomas W.Cramer,Principal Telephone(631)476-0984-Fax(631)476-6933 December 13,2005 Patricia Moore,Esq. 51020 Main Road Southold,NY 11971 RE: DiSalvo @ General Wayne Inn Dear Pat: As per our discussion, I have reviewed Article VIII Cluster Development in the Town Code. It is my opinion that the proposed project meets with the purpose of the code as defined under Section 100-180 in that clustering would encourage the flexibility and innovation of the design of the residential development that would otherwise not be able to be achieved if we adhered to the existing zoning on the site,that is HB&AC. Furthermore,in accordance with 100-180C a variety of housing types would be developed in keeping with the character of the area. 100-180D states that such things as preservation of trees and preservation of scenic qualities are also intended to be achieved through cluster development. Again,this proposed clustered subdivision would fulfill the intent. In accordance with 1001 SIC (1)and(2), the density is to be determined in conformity with the zoning code and subdivision regulations of the Town of Southold. The portion of the property that is zoned HB can be subdivided into three conforming single-family residential lots. The remaining portion of the site,the AC zoned land,conforms to the 2-acre requirement if the right of way is included in the lot area. If the right of way is excluded a variance for this lot would be necessary in order to consider the parcel as part of the yield for a 4-lot clustered subdivision. As shown on the proposed clustered plan,the 4 lots would be more in keeping with the character of the community as opposed to 3 small lots and 1 large lot if developed according to existing zoning. It is therefore my opinion that only one variance is needed in establishing yield for a clustered subdivision. I hope this has been of assistance. IfI can provide any further help,please let me know. Very truly yours, Cfrn Thomas W. Cramer,ASLA TWC:cac GN, Received by email to ZBA•e with this as attached, 2/23/006 from Jim It fifedele2@nyc.rr.corn] \Y ANGEL SHORES �\ R _� HOMEOWNERS ASSOCIATION, INC. 13 ' ger P.O. Box 428 Southold, New York 11971 COPY Patricia C. Moore Attorney at Law 51020 Main Road Southold,NY 11971 Dear Ms. Moore, Thank you for contacting us regarding the variance requested for the property at 1275 Cedar Beach Road, Southold NY, SCTM 1000-89-3-1.1. We would like to go on record as being opposed to the building of four houses on the said property. As is stated in the legal notice, 80,000 sq ft are required per lot, and the property is only 144,712 sq ft. By pure mathematics only one lot is capable of being built in this area. We could even understand the variance if it was requested to put 2 lots of 72,000 sq ft each,but 4 lots of 35,000 sq ft is a blatant disregard of the requirements of an Agricultural- Conservation Zone District. This would also add to a growing amount of congestion and traffic in a very stable but expanding area. We are sorry to have to take this stance but we feel we must to protect our present community. If you would like to discuss this matter please contact Mr. James Fedele at 718 343-1409. Thank You, Ellen McGill Joann Lavin Jim Fedele Angel Shores Homeowners Association Committee cc: Southold Town Zoning Board of Appeals Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Page 1 of 1 • • Kowalski, Linda From: on behalf of Kowalski, Linda To: Jim Fedele Subject: RE: Inquiry Dear Mr. Fedele, The attachment to your email appears to be a letter that was delivered to Patricia Moore, Attorney for the Applicant, by the Angel Shores Homeowners Association. As of this moment, we did not receive the documentation by mail, although it may arrive early this afternoon or soon, through the Town's inter-office delivery (when they receive it at the Town Hall mail room). Your email and attachment at this time have made a part of the written testimony record, distributed to the Board Members in the office mail, and placed into the official ZBA office file. Once the written documents are received in the mail, they will also be made a part of the permanent record. Please be aware that the ZBA has an official file that may be reviewed (with additional documentation). Also a representative should be a participant at the hearing for the requested reading of material or offering of other concerns, since there may be questions or information that the Board Members may want to ask the Association with regard to the information supplied during the hearing portion of the record. The ZBA official file/record is available for review between 8 and 4 weekdays, and please feel free to have a representative stop by or call if there are any concerns or thoughts that you may have. Thank you for your communications, Sincerely yours, Linda Kowalski, Secretary Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 ext. 5011 (alt. 5012) fax 765-9064 Original Message From: Jim Fedele [mailto:jfedele2@nyc.rr.com] Sent: Wednesday, February 22, 2006 9:31 PM To: Kowalski, Linda Subject: Dear Ms Kowalski I am e-mailing you a copy a letter that we also mailed to you to be sure you get a copy of the Angel Shores opposition to the variance applied for by OVLASID Realty LLC#5828 at the property at 1275 Cedar Beach Road, Southold NY. Please reply to this e-mail so I know you received it and make sure that it gets read at the appeals meeting on March 2, 2006 at 3:05 pm. Thank you for your help Jim Fedele Angel Shores Homeowners Association 2/23/06 x'•' Awes owes U te- az., a ovinia Ate vietei 1ZIttat .aet.$+teao w f PEE? 2 7 2ep J�-'' eseeit, Ds/Qj a ,27S r &se4, 44 cr,ij 890-3-/-/ #rPap6 ti he, et, Aped' k ,e watne Aor. aeon avAG- t r Y r /fie .04411/e., Etta) y ,bee-Atea ta4.7, di. aeen4au cc- tea. fie �cai'e�_ UUP e sagem a An, Age abea et, eta, is /4144, 7/2-Am . �. ��stawe} to lerx y � „tad vette /de &rAe fr lee "---y $. v,$. /601000 1 ?I Jim Stair Ate. - `s , aeecc PSwo perk d21inetcia y# &a, cdQ 4 s stike eisbael rat e de .afr%sla*,a.Ltue:kctesi .t /0;.&.i ate eo vale t e„ef,a- 7to woke, Ates ate .ore uo-rted ten& Ate Atte. , eh,eeeotI 7e✓.te5 Aete4.5s, /e n€ /t44.044 ,cee #odea , dared k rse heMaaced' dedined4t e.ao .td Twee c Area eel,4txeI*.v. — ee teo /t.ea.°° yet- tie eeiscate.eateee, seleeiSz o e &e- i 4 ems. ¢ecg ih - ele#w ea c% � ued e tS f .Core v ofte14 ,(,GAR,/ %44W4 F. OArED: FED. .144 .1eoG 11 i l • MAILING ADDRESS: PANNING BOARD MEMBERS �p • _ i�• - P.O. Box 1179 JERILYN B.WOODHOUSE d/$* SOUryo1S0lo Southold, NY 11971 \�Q ,}, Chair VV A\ OFFICE LOCATION: KENNETH L. EDWARDS * * I Town Hall Annex MARTIN H.SIDOR ; G 54375 State Route 25 GEORGE D. SOLOMON p 11 (cor. Main Rd. &Youngs Ave.) JOSEPH L. TOWNSEND \ O i� Southold, NY -`�_y00UNi 10 �Q� ,.•�'' Telephone: 631 765-1938 31 0 4 Fax: 631765-3136 p1 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Date: February 23, 2006 To: Ruth Oliva, Chairperson FEB �, 4 -a6 Zoning Board of Appeals From: Jerilyn Woodhouse, Chairperson Planning Board Re: Request for comments on Olvasid Realty LLC ZBA Application SCTM# 1000-89-3-1.1 (General Wayne Inn Property) ZBA Application# 5828 In response to your request for comments,the Planning Board reviewed the Zoning Board of Appeals application for the above referenced property and offers the following recommendations at this time. The proposed action involves a 144,712 square foot split-zoned parcel (HB and A-C). The applicant is proposing a standard subdivision that would create 4 lots. As per the yield plan, there are 3 conforming lots within the portion of the parcel zoned HB and 1 non-conforming lot within the portion of the parcel zoned A-C. Therefore, this property has a yield of three lots. In addition, because this property is split-zoned, any proposed lot located within the A-C Zone will require a variance. After a thorough review of the application and in consideration of the yield requirements pursuant to Section A106-11(B) of the Town Code, the Planning Board recommends a denial of the variance application to create four lots, based on the following: • By granting the requested relief to create four lots, the property owner will be getting additional density that would not be allowed under the yield requirements of the subdivision regulations. Pursuant to §A106-11(B) of the Town Code, "The permitted number of dwelling units shall not exceed the number of units that, in the Planning Board's judgment, would be permitted if the land were subdivided into lots conforming to the minimum lot size and density requirements of this chapter applicable to the zoning district(or districts) in which the land is situated and conforming to all other requirements of the Town Code."This property yields three lots and should not be entitled to a fourth. • It is for this reason that the Planning Board does not support the ZBA application as currently proposed. • The areas surrounding the subject property are a mix of zoning districts, including A-C, R-80 and R-40. The lots to the north are zoned R-80; the lots to the west are A-C; and the lots to the east and south are zoned R-40. The proposed density of four lots is inconsistent with all of the zoning districts in the surrounding neighborhoods. If you have any questions or need additional information,please feel free to contact this office. Cc: Kieran Corcoran, Assistant Town Attorney 12/17/2005 23:24 5163362 • PAGE 01 W3°Ic)1\bil) (that &each Farts Sogaciation cu k ; oP �f" P.O.Boz orI , „)°1Southold,New York L'•.11.971Oa`y' 1. March 2, 2008 Bard ornireeeor. Zoning Board of Appeals Town of Southold Theresa Prendergast Main Street President Southold, New York 11971 Jeanne Hermon Sccretery Re.: General Wayne Inn Robert Mat To The Members of the Board: Christopher 9choweaar Member The Board of Directors of the Cedar Beach Park Association has received er notification from one of our members regarding a variance hearing for the Haben Somerwes Member property of the General Wayne Inn. According to the Information provided to our member by Patricia Moore, the attorney for Ovlasid Realty, the property in question comprises 144,711 sq. ft.(3.4 Ac), and It Is zoned Agricultural- Conservation (AC). The Association opposes the variance for the following reasons: • Town law specifies building lots of no less than 60,000 sq.ft. in an AC zone. The limit for the property is one structure. • The request reduces lot size to an average of 36,177.75 sq. ft. (approx. 0.85 Ac) per lot. • The smallest lot size in the surrounding area Is 1.0 Ac. Four homes clustered on lots 15% smaller than the smallest of the neighboring properties will materially alter the character of the neighborhood and its environment. The Town of Southold has a long, respected history of protecting the environment from overdevelopment and thereby preserving the quality of life within Its communities and neighborhoods. The Board of Directors of the Cedar Beach Park Association speaks for Its members In allying itself with the Town of Southold in these matters. We are certain that you will continue • to demonstrate good judgment, considering carefully the character and beauty of our neighborhood, and by significantly limiting the impact a single individual's privilege will have on so many of your other community members. Respectfully, Board of Directors Cedar Beach Park Association 4. // 5/i h/3 750 (111 • 3)4 D 19 31) a.5,\ °}1 debar Jeatb Farb a soctattott r A:OlvScad P.O.Boz.409 Southold,New York 11971 MAR 2000 6D/ ^-e-d i4F jla-A-°47`) March 2, 2006 Hoard of Directors Zoning Board of Appeals Town of Southold Theresa Pnendergeet Main Street President Southold, New York 11971 Jeanne Hermon Soman' Re.: General Wayne Inn Robert Aloes Member To The Members of the Board: Christopher Scher a ter Member The Board of Directors of the Cedar Beach Park Association has received Robert Somerville notification from one of our members regarding a variance hearing for the Member property of the General Wayne Inn. According to the information provided to our member by Patricia Moore, the attorney for Oviasid Realty, the property in question comprises 144,711 sq. ft.(3.4 Ac), and it is zoned Agricultural- Conservation (AC). The Association opposes the variance for the following reasons: • Town law specifies building lots of no less than 80,000 sq.ft. in an AC zone. The limit for the property is one structure. • The request reduces lot size to an average of 36,177.75 sq. ft. • (approx. 0.85 Ac) per lot. • The smallest lot size in the surrounding area is 1.0 Ac. Four homes clustered on lots 15%smaller than the smallest of the neighboring properties will materially alter the character of the neighborhood and its environment. The Town of Southold has a long, respected history of protecting the environment from overdevelopment and thereby preserving the quality of life within its communities and neighborhoods. The Board of Directors of the Cedar Beach Park Association speaks for its members in allying itself with the Town of Southold in these matters. We are certain that you will continue to demonstrate good judgment, considering carefully the character and beauty of our neighborhood, and by significantly limiting the impact a single individual's privilege will have on so many of your other community members. Respectfully, Board of Directors Cedar Beach Park Association •radford Winston and Sandra Powers• 1 0 485 Breezy Path 333 West 56 Street " Southold, New York 11971 New York, NY 10019 (212)262-0070 Town of Southold February 26, 2006 Zoning Board of Appeals PO Box 1179 Southold,NY 11971-0959 RE: Ovlasid Realty LLC #5828, 1275 Cedar Beach Rd Request for variance hearing scheduled for March 2,2006 Dear Ms. Oliva and Members of the Zoning Board of Appeals: We are writing in response to the Legal Notice received by our neighbor's Jay and Stella Akscin, wherein we are advised"The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing and/or desiring to submit written statements before the conclusion of each hearing." We are submitting this written statement in opposition to the proposed request for a variance and change in zoning. We are also advising you that Jay Akscin represents us in our opposition to the request in person at the hearing. �rMB We are property owners at 485 Breezy Path which abuts 485 Orchard Lane and which we n.4-, .,„pelieve is within 200 feet of the"General Wayne Inn"property. We did not receive the Notice of Baring in the mail as we understand is a requirement fora request for a variance. We tJo fortunately just saw the notice posted on an outbuilding on the property, on the side of Orchard Lane but not particularly conspicuously. We are not in favor of the change in zoning to provide for four lots instead of the one, as we understand it, that is in existence now. We purchased land that was divided into three lots and had to combine them, due to restrictions, in order to build one house. Why should this developer be able to make four lots out of one or two? We have invested a lot of time, effort and additional money to build within the rules that were in effect when we purchased. We were aware of these when we purchased as we are sure that the developer who purchased the General Wayne property was aware of the zoning when he purchased. We bought and built based on the known zoning restrictions in place for the GWI property. This was after the current Owner of the GWI property bought. We value the reasons that Southold town has two acre zoning and can see no reason for the requested change other than increased profit. The additional housing would add environmental stress to this small point in the Cedar Beach area and increase traffic on Orchard Lane and Clearview Road by approximately 30% which can only be detrimental and in conflict with the purpose of the two acre zoning. The additional housing would,presumably, also increase the load on the school system. We got a copy of the plan from a neighbor this weekend and added up the square footage of the four proposed lots (each less than an acre!)which equals 144,701. This is not even the • •radford Winston and Sandra Powers• 485 Breezy Path 333 West 56 Street Southold, New York 11971 New York,NY 10019 (212) 262-0070 160,000 square footage required for 2 two acre sites! There is a new project underway on North Bayview Road within less than 2 miles of this location called"Bayview Gardens"which is being done within the two acre zoning restriction. We can not perceive of any reason that the developer of the "GWI"property should receive preferential treatment over that one. By the same measure the developer of Bayview Gardens would have been building 11 houses instead of the allowed 5. Quite a different environmental and esthetic impact! . In our opinion, allowing any more than the approved zoning would set a bad precedent for current and future development in our area and Southold town. In this avaricious and litigious society that we live in, we think the town's future would be filled with Developer's lawsuits should they be denied equal treatment when requesting variances! We moved to Southold because of it's open spaces. We love Southold because of it's open spaces and we hope that the zoning board values this rare asset as much or more than we do. In a town that is wisely preserving it's open spaces by buying the development rights of large tracts of land, it would be counter productive and nonsensical to turn around and increase development in other areas. We submit that the request for variance be denied or in the very least that the hearing be rescheduled to a more app opriate time of year when residents are actually in town and have 1.1.\4.4 • eceived notice of hearingWou should also be aware that at least one of our neighbors, the .• Licari°s, are not able to attend because they are in Florida during January and February(and did -c-b" p•b " not receive the notice). We are unable to attend due to untimely(or lack of) notice and travel 6" plans that can not be rescheduled. We have airline tickets for Thursday morning that were bought long ago. We think that if you requested proof of notification of the hearing you would find that quite a few of the neighbors did not receive it. Thank you for your continued efforts in keeping Southold a beautiful place to live. ore . � -_ Via E-Mail Linda.Kowalski@town.southhold.ny.us Express Mail E-mail CC: stellaakscin@aol.com 02/27/2006 16:30 6317659064 ZBAAtegamPAGE 82 <C\ Yttc- to >v; e Salt.1E6 Ict arAi 3\'4 adaterovidasfo ite e LPL- ateat.4.1f aetassEts ‘4, Art f +• r Wallah, a/as' Oda *set Al ors? e 's--1-/ #Srat• . _ sv fru,.* Aft *Ante y dor and 4 ew letAll"see f aa sat r Ars.#411. ners-dar,or, sat Aft AA' aftaraciar /14,,oattie; . . ./.0401, orge eta' a 4c*, 7/2". Mari a 000;0641 aisizett;ati low_Are . 448! ate, ft tieAl 0006 141 tininediek ___ APS SSW: aka"'frife-free oak , AWitted deteeg._Owe liadel /Se fresalr_sz nsteitsace.ifie .14./04401:410, Asoe. Ana , 'Ate..€7,4.44.7 jw sow fat lades avetarAtAite .eir. Ms . . ace eWterfrfat Adoseseed- •-• 7te note, Ates sAssociase tato. a Se dt4_Acta 7004-046* :mu Aivactocal 67 lite insurcad Mosth. fl yitiaor elesite ig flab s retarti,"sA9.1 .sinitee dcairge_4141 rail , tr.; Nee 4;4444.4Pal• frktisca€41 .1aftklAtte • vitswaileaso Waage tie fte.rattati 4foteitdicerao 4.4.42440.41 earniejtaio abate *misc.ke:sed,slateartawc — fl taco A.40-Auto fr. tie eawata ea) ac, . ../24....144441 ,4 an, isecti444,44 r atinattelainet ritera4agf-4. FA/wed 044:71414-5_% tra AO *4-441114 54°C (Lia AUFAM 741•NACf itcAs It Porn>: An 2.44Aeo4 • 03/01/2006 15:55 6317659064 ZBA PAGE 02 • Bradford Winston and Sandra Powers• Pft `b"1 s485 Breezy Path 333 West 56 Street Pr Southold,New York 11971 New York,NY 10019 (212)262-0070 Town of Southold February 26, 2006 Zoning Board of Appeals PO Box 1179 a_ O le Southold,NY 11971-0959 ' RE: Ovlasid Realty LLC#5828,127$Cedar Reach Rd . •• .., Request for variance hearing scheduled for March 2,2006 Apar Ms. Oliva and Members of the Zoning Board of Appeals: We are writing in response to the Legal Notice received by our neighbor's Jay and Stella Akacin,wherein we are advised"The Board of Appeals will hear all persons,or their representatives,desiring to be heard at each hearing and/or desiring to submit written statements before the conclusion of each hearing." We are submitting this written statement in opposition to the proposed request for a variance and change in zoning. We are also advising you that Jay Akscin represents us in our opposition to the request in person at the hearing. - 1 We are property owners at 485 Breezy Path which abuts 485 Orchard Lane and which we g9.} . . 4pelievc is within 200 feet of the"General Wayne Inn"property. We did not receive the Notice of /9 ap rr"`" earing in the mail as we understand is a requirement fora request for a variance. We _Dr fordmately just saw the notice posted on an outbuilding on the property,on the side of Orchard Lane but not particularly conspicuously. Wean not in favor of the change in zoning to provide for four lots instead of the one,as we understand it,that is in existence now. We purchased land that was divided into three lots and had to combine them,due to restrictions, in order to build one house. Why should this developer be able to make four lots out of one or two? We have invested a lot of time,effort and additional money to build within the rules that were in effect when we purchased. We were aware of these when we purchased as we are sure that.the developer who purchased the General Wayne property was aware of the zoning when he purchased. We bought and built based on the known zoning restrictions in place for the GWI property. This was after the current Owner of the OW!property bought We value the reasons that Southold town has two acre zoning and can see no reason for the requested change other than increased profit. The additional housing would add environmental stress to this small point in the Cedar Beach area and increase trafEc on Orchard Lane and Clearview Road by approximately 30% which can only be detrimental and in conflict with the purpose of the two acre zoning. The additional housing would,presumably, also increase the load on the school system. We got a copy of the plan from a neighbor this weekend and added up the square footage of the four proposed lots(each less than an acrcl)which equals 144,701. This is not even the 03/81/2086 15:55 6317659064 ZEA PAGE 03 Bradford Winston and Sandra Powers• 485 Breezy Path 333 West 56 Street Southold,New York 11971 New York,NY 10019 (212)262-0070 160,000 square footage required for 2 two acre sites! There is a new project underway on North Bayview Road within less than 2 miles of this location called"Bayview Gardens"which is being done within the two acre zoning restriction. We can not perceive of any reason that the developer of the"GWI"property should receive preferential treatment over that one. By the same measure the developer of Bayview Gardens would have been building 11 houses instead of the allowed 5. Quite a different environmental and esthetic impact! . In our opinion,allowing any more than the approved zoning would set a bad precedent for current and future development in ow area and Southold town. In this avaricious and litigious society that we live in,we think the town's future would be filled with Developer's lawsuits should they be denied equal treatment when requesting variances! We moved to Southold because of it's open spaces. We love Southold because of it's open spaces and we hope that the zoning board values this rare asset as much or more than we do. In a town that is wisely preserving it's open spaces by buying the development rights of large tracts of land, it would be counter productive and nonsensical to turn around and increase development in other areas. We submit that the request for variance be denied or in the very least that the hearing be rescheduled to a more app;opnate time of year when residents are actually in town and have • 2 eceived notice of hearing:Wou should also be aware that at least one of our neighbors,the cart's are not able to attend because they are in Florida during January and February(and did not receive the notice). We we unable to attend due to untimely(or lack of)notice and travel plans that can not be rescheduled. We have airline tickets for Thursday morning that were bought long ago.We think that if you requested proof of notification of the hearing you would find that quite a few of the neighbors did not receive it. Thank you for your continued efforts in keeping Southold a beautiful place to live.de ciseler_ele Via E-Mail Linda.Kowalski gtownsoutllhold.ny.us Express Mail E-mail CC: steilaakscin@aol.com Sueolvtaioni AO -4g)IF? BEACI-1 nARK s 1 T'Ll AT r AT R), ELASise‘,I E: w ( ' Ve't- g \- 0 _,/ 0 V ()" TOWN OF SOU7HOLD 2 r.\L NEW YORK -. € U‘' 6140 I 0 ( SCale 200ftet.listch. -. 0 in 18.0 3*.• ••• 81.0 ao •••• no SAM ion , ..,r e- 1-'• rt I Hors: Dimensions of ire-era/or lots are aplornrimst• only. 1 -------j- -1----- T 4 c•,,A04-4 '•a,,,,„ ' lc, - , --9.„re e e , •4. i • •S` ricl I m- • . -1. ‘0 lips`• 0/ c 0 ri n- ilninerry V 1 • ••• C __ -•-• 0 '7). & 4- 4. 'ar • 43/4. , )- . -v• • -1 Os 4‘ 0° e / es ,*/ •° .?,,s... ----,___ r• d, r • . ;h>7.-.. 4 ; e , A., % 2 ...__ '''' lg.. •. s -7t/ o Q4--.9 '`.• Ca I > V - t•t \ .--..,, 4. ..- itel Re•Se•Yed ) 4,t. itterk) ' ro re,ft Yt:* 4, ? t . i AneEL == ,,,...,1 , ,i -5 jOit '',.., 0- -e. - /r• I_ A A e o or D. K. el o er r o ee t /.. 1::: '' •-,.,., .• (e3 \Ss e /0 /0 <\.\ ..5•1 / 4.9 47 o y 01 \ / t t(\ t',, -1 •i< l; .4 -- `• A 1411NlitsEttio. , • e 5... z i., Z 46-(7,,,,,2r / .--rre.. i P• IA e irt.-^ ' 1. ;I I e• / \, 'II orts, /v., "rre>ftc_ 1 r,....46________,..,.0. ,C,Voe \Z. 't ilt 0 • \I \ 0 \ N: 4. 1 ,,1 A..& - * 1 .,.' 1*/E eS 7- i),• ( ,,,,- , 1 -.,..._, ) "c't cy - 6.7 _, _ , /...Ifl-Tio re c< o' - LA pc•t 1/9' 43.st, • ,, ,, ,rt S*3 4. /4-14,‘ Ss. t - '' ., 4-ti1---- 1- a '<Cc 1 •„1-.i•- ; , sic ••••„..•oo,, - ,,, A' ' ‘'"'"' , , . .3 -- 4, i !..k .. „ , €7.---">4..,CL-1 \\4-`• --III- 7Z ,,'' / c\ AI I • •• 1/4. jp"' -oto ---- " . ... tt,), •/I -c-,(7!"-""--i41 t - g"--n A84.4‘,.. r ,-; yi_ 7.3 , 0 NN se -C: ); ,---.), tre.:'. tplesy ‘tr ; , i r I e \ 111110, 0. 1 9/P:'.- .... , • / , • ? a ,_ - ..._ - ---- N. 1 es 1 -• -, 4.2. •<• '••••••. 7-5••• --- .ti Cli< 4, , .•.:-..r.c.t.0 '0 . . • .'X'-',,N " ie 1. 1.*,\..4. . ‘3 \ 'A 1' v<•--- \-. 7,.'t,, r•fr 1 Os • ., ...! r • .•-• e -. 1.4-r' _._.., "a --77 ,7:-,; „ .. ..t ,t 444 n teei 1''• / i•; • C. .' k •- lith, Iv j• - 1 (6) • ks• ina.841 -" he s, ,, .- 1 I • '---i._is I ,M I I I 10.z. I I I I 11 ,1 11 II S.OAId I 1 I I 1 1 I 1 1 I I I 1 I I $ II I III , 0') -T -r---- RD. I '°s' '3EACH N I_ CEDAR �—' or! - NNW. 1l' 11 PUF Ndia° �� p d IA 2_9A(c) TOWN `o OF SOUTHOLD ` I�j :i tt/SA-a - __ h $ —rte Dryad's �A c Basin 2 3.7A(c) 2,9 7 ( IUNOERNArE.9 LWO) gaii„ , s1/41\1 6 001 c xs ?,R 16Us. 42 01 CO / "' t'��a ate`.. —i, n } 1• �� i Im 8 7 / 8 / e3,\._ usn .2' ORCHARD Pe 6 / \ 1--------"--•---....., r__ LA. „e War // / 5.1 / 1_14 _ –. n2 (SO'1 / / /Km / ( U 11.2 \. I sq N --"1"-.4.521.1".'s-a......... Nm LlAIcP 3.4A(cI ) ! .g ) I c I 1 I f66 \'/ I ne 11.3 I °" / / P r h l 1.OalG ,i� / / I I 7 . 7 1).4 I Air e S L -----------------129 I 1 • /I \ 11.5 'An ISN \ 1.2A1c) a / 5.1. NL 727. \ 1 I �--......-., I r, • ft 1 22, fb 00 ogq m.P•"I,,Lb —"- - ONLES> DRAWN OTHERWISE, ALL PROPERTIES NOTICE © COUNTY OF APE WITHIN THE FOLLOWING DISTRICTS, W.MOM I L . -- .-- fake0:.Cct lb n -- FIRE�L---5 SEWER WWD MAIN TEN/.NCE,ALTERATION,SALE OR Real Property Tax -- NI HYMAN? DISTRIOLIPON OF ANY PORTION OF THE ,.x.Per k.,sw --- --- ""II9 WAs[a SUFFOLK COUNTY TAX MAP IS PROHIBITED County Center Rive VAH.. REFUSE Imam InN k9 Eri. -- -- — AMp0.ANLL WASTEWATER WITHOUT WRITTEN PERMISSION OF THE IN E REAL PROPERTY TAX SERVICE AGENCY. SCALE N FEET: . o]-2 -02 n °__ .. 2. .._.,.. ''0s-zzoF 02-111.01 '... A I • . • • W x„ice Ay. • Fo 4 / 2% 91111 TOWSOUg�` O4K4O13/ 2 ‘Y2JIId ,: N .u• e• w WP 'T SAND'/PER x ,.r CE04R ` BASIN PO4yi a, RP, - AR Lasot "33., ux. W," , a mtm1/4, 3Mc1 ,,,. 0 - 1.04 v Ol c ` 1 TOxM Oi I -- ___�- ED4R c s WCFAL _ O TOWN OF sarrxoLo R�Ni _ T rwrcxxn<x Awa 1.0-:#•-;:,....iiii n, /�- W. R2.ou�1 x \ v u ` z , ° Wad re0 e , „L.. ? fr.? . \n0 / .4 �ti� WEST q7 illi A a +0 ,4R �. \1 1e.1 1 C. xu.ccwurR ua AIL souixan Lfl• PObyT plyLIE , . � \ Gaud H-: \ N. Ilk : 1 a• M . ,µrc..,.ER jIll E. AP sill ft ° IsII1um1 1 vnlc]I i 1 I I HoG • NECK BAY OF vel E u,n..ea..,w.m 1r. .s� _—�_ .�mr..rlrc s. HEIR N.m,rr. x HITLESS w..NL G �— "" 1211 �r O2 W,re,r m.0,,L <,r Y » eCOUNTY OF SUFFOLK © SOUTHOLD ARE o�. Ca PROPERA o's, NOTICE -. J. K imx6 SECTION NO _ eeWvn r.x YerviEueHCE ALTERATION,ALE OP O E N ,.. A. �h LH, _ 'm »° , � . ; Real Property Tax Service Agency Y / O 9 O Lw�, r CIs1Rlauiron Of ANY PORTON Of THE CLunt Center 0 FEET eoq N Y 11901 ' 23 um m u. LBW wnt.lbe rte'✓.District Wm a ••�� sUfolx EaWTr ieX YAP is PROHIBITED Y ��6 0 v as re. 12.1 Alel or 12.L i q„y x[/uzE tawrq nu 12141e1 mon Line 5 .vtr 1w S .ure.me wn.er1rc n AMBULANCE .eziAaER PEtE PROPERTY TeX OF THE f-4Y oe YALE NFEED. no A x er Pahkr rve REAL PROPERTY TeX SERVICE AGENCY P A3 F61p[1 PO 1000 PROPERTY MAP C2YEPSKKI WE: A`^a4 m. 1 1 03/02/2006 10:19 6317659064 ZBA PAGE 01 . C � yk .32.5766pp� I Q Cebar OBtach fled asociation / �� `�� nn .._._-. F.0 its _ P.O.Box 409...- + Southold,New York 11971 ', ( LLA,41 March 2, 2006 Board elDireetere Zoning Board of Appeals Town of Southold Thema Pmmlargeee Main Street • Rw'dcrt Southold, New York 11971 Jenne Marmon Re.:General Wayne Inn Robert Aloe. Member To The Members of the Board: ChMrember istopher schow.rks The Board of Directors of the Cedar Beach Perk Association has received Revert �� notification from one of our members regarding a variance hearing for the Member property of the General Wayne Inn. According to the information provided to our member by Patricia Moore, the attorney for Ovlaeid Realty, the property in question comprises 144,711 sq.11(3.4 Ac), and it is zoned Agricultural- Conservation(AC). The Association opposes the variance for the following reasons: • Town law specifies building lots of no less than 80,000 sq.ft. in an AC zone. The limit for the property is one structure • The request reduces lot size to an average of 36,177.75 sq.ft. • (approx. 0.85 Ac) per lot. • The smallest lot size in the surrounding area is 1.0 Ac. Four homes clustered on lots 15%smaller than the smallest of the neighboring properties will materially alter the character of the neighborhood and its environment. The Town of Southold has a long, respected history of protecting the environment from overdevelopment and thereby preserving the quality of life within its communities and neighborhoods. The Board of Directors of the Cedar Beach Park Association speaks for its members in allying itself with the Town of Southold in these matters. We era certain that you will continue to demonstrate good judgment, considering carefully the character and beauty of our neighborhood, and by significantly limiting the impact a single individual's privilege will have on so many of your other community members. Respectfully, Board of Directors Cedar Beach Park Association Mnr , I L'6 31 PM No . 4965 P. • 1,V)\oc, ,e,)0y, . • 111111111111 trqrsout mown CLIPS 'i, 011tfl RECORDER' PAWL . • • • Type at tsatruneatr 05500/!507 , neeorded: 03/10/2054 Manor Of Pagans 7 At: 0411146' 171 Receipt'Dauber : 04-0027244. Taaj8l• ti SMDBUie 03-32949• 1e33EERe 000012306 . LaM5Q11 i�55ocraTsS 7310 PACZa 350, CYLi03s. 00aDxlt ;sC. • District, naatime Slack: Lots 3000 005.00 _ _ 03.00 007,.001. MO1�Q aw0 CA71000D 5B TOLL0118 Deed *Wenner , '$030;000.00 • . c, Tatem.tud tn. Pc11ovtaq Plea Por above Iostz'sant • Pans/Piliag_ $21.00 ' t .Maudling il.00 73100ompt C05 '05.00 NO NTS ORONO 5i-CTT 05.00. no fl-� .. 050.00 M0 050.00. .Uo 7'P-504 45.00 so Copiea Manager Ws $30.00 so . aunt 10.00 100 :3;370.00 NO Oa.Pres • 013,000.00 ' N0 MUM TAN MtH50<5,t 03-32945 Yews Paid f17:Ob4.00 5555 t5 a-P11fs as •. 7518 I0 nor a HILL Pdrand P.xouaine County Clerk. 5u!lolk County Mar . 2006 1 11 PM " _""_" "_'�. "" n. No . 4965'P . 3' I ' l .'� .;.� \ ~� ' RECOApEO i i• th ndlw of pans7AM'Mat l0 Ma Ilk*F{1 T011Pwril1 I LL01U qp •a SarW L 9000123% c i Cern 0Y-22949 Prior Cif.li Dra!Mongols lnannnam Nall Matpp.Tulliop' - , ' .. 2001d20IFiWIR1$45$ f� .5 /1212 w. - J .' r. I IYbo ipiiln{Pa - Magge Aim , • -' :d Handling C ..r TP-514 5 .s• tNmnlen $bb Tmnt 'I44417tow,14) d _ sub ram 1 ^ . SpeaJAeeil. '� .Ot . SA•501T(Stan) st . 2^ Imo/Add, Comm of ml. Loo. ',, F '' ;; "cid DipolYa,'4- 6,1,0'1--.... AMPorP tr, ' I• .�17 • ,up' "` is Cildnad CLry . .'*R-.'414y,..N •: on t)ts:. .,_,_ -i "— mbpnnooppaarr1VAIVaddilfNgmmf11/11F to Ilq.Copy �IRIlldtitrl�sl�prrrnrtdbysfanoof'lers'.)amIly. altar y s--' . sub Tan- Am— •nw►ItM14�e'' Ji„'Ntl OIIAND TOTAG of ti ~ Jr NO.rpt tyyp� orlds lueldur¢'ids. L. _onh 1- [ Pool I'roperlyl'iudiervies Nancy Yslfudpo 1 $ Cummunll Ptoservdltp Punt 1• 1' 0,11.S_ 1 '.$gallon . 1' 0Well ,.. .�. Lai . • durMibnAmount S `1G`otttoZ1 stow y 04007207 1006 00900 0300 001002 as Due. una p T. IniliW • ".'- • - vroM W_ ' l 5sIW(aelitr9Wntlrar$nnIKelanntt Usritpeelyuwnmt Mmnn6 l ddnaa To sit .11rC0110 a RCZYnNTOo 1'D .r[Lrl- A lump y TD ,A/lin / %n esVEIT Fs . .. . ..A '^T. / t 'litho Company Information .. �� cc C0:Sr" w. Nood�(.t.W r. . 'r�7� 11'11101 Vorip —,01.11., , f Suffolk Count Recording &Endorsement Page 'Ibis pipe rums pin for dmdlheind. • ' mad,byi L/ /,�� /�/�,J.��/ (SPCC'IPY'IY!UOPINSI1LUMLNT) • e«L,�1.4ic/4 . nm p;thllsts bcreln In sIluatad'in' SU•TOUCCDUNIV.NL•W�^YORK ++ I 1 f0 InIlwTownship of r. )61.�#'�sh,,,ICS '1/1 a3 t d t..a4 Le_ h1 the v121,AGR or HAAdLL•T'or 11021 S S'11.IItU 9 MUST UP,TYPED OR PRINTED IN BLACK INK ONLY I'RIOA TO RI'WCGRDiNO OR PIL(NG, iuvdn) NIaf I ZUUb I MV —� No •49bb 4- . N . .-SlatG 71 iiri Fmci1-516-747-03B2 tiav 70 201/3 1 P.10 ThatAaaie ica tWa dwgwiaace CUSP. ani .of New nrk iiwi ,� ,:�. ,.rte .. ,,I6p4 cc, . NgtVia 101L-r•111-d7 1- naiiir. • '- eneoiraniWanaaanaianeiwewu.naneaak THIS motionz,mastshe,ven wadies.a t YmrUp ewiar rirrli.-•- s. • Ades:VI C. sMeerlAaaf,tiaart4.ill iaeyalb Lniwbead •tr,■oeo rrnryfl Arraacune nmitseam SSA IrYSM Pet$taaaITR • trite putt K r 4r daa it^eabld rias at-Tc Dalrn-Jd cat retrbM , sVall'Ida ale.etaavwwellarwad dawlaabybonswir.e'eer die jay alts wrap ymi .rtorCathed arraewsi pab.bdv. • • visa*Meallis tfNo;efr daMi4aF. Ali alM•e4�reillbimde iw'e' '7aa •*tam Sal dela eerby,rirrb trail.ar s.'ant, ' ., ouarwise}deftlbarng8eii ursbaafpetd j�ew Ariswdpn eemralei lfirerae i.ee.wa.rer,r etrbniableit44iaaNWideediliearraebr .:I slips wNrt'rle'a"bbill+e7ti4+ w'rAl rdiNat. aarpw.eMrrrla4 .bi<..iG�ifdrtCleenartnriwafriMnwidaLrt: • ` sue lid et*mon reeniWaaIts iambs rt.0ireidlidiFasilwueLaaddaiyaob mai Mrt>irbins U.eia,rout Mai J.pnacr nd.r04Pb al me bKa twi all+� /mid impostdre pMpww•wrdiiiianrMb a� 7 !emv7P,gr tagavearliaa/lydirw ell,.are,�IhWabra�an ruga IN d71325 i'r.—Cr.rir,ret swyyaa t4.4na„i.day.4 rv�iirwa caltrio/se • Sin Pini. Mar OL'6 diuM No • 496b N . b 41 Am.AM6,iticAN TITLE INSURANCE COMPANY • of NEW York,audios Volley Region Title Na 300449E6 SCHEDULE A • ALL that certa�in� ptot. pile ca e{of laid situate,bins and being at Bayview,I the Town of 3oathhold.Conary of l#tfibtit trod State of New Yodc,drown on a certain map gadded. " y Car Baa Pet.tribute st puyview;Town of Southhold', and filed lo tet•sultolk Cmb Cank'a Office on December 20, 1917 as Map No. 90. more pstficubHy bounded at daeribed u follows: BEOLNNING a the comer tamed by the letaaecuoa of the southerly aide of Ofchwd Lane(private)widths rota!)tido of Ceder B c__k Road; THENCE RUNNING dui waited)Bide pr Orchard Leib South&Degrees 52' 20' Rut 4.1143 Peat( (451.76 feet actual)Asst to the Westerly olds of Clearviaw Road(private); RUNNING T1iENCE.Alois the wand)siaa of Cherview Road 5o00t.6 07' • 40" Weft 122.02 het to the north side.%Clarview-Read, iwk�teea. 10' 10'West 279.58 feet to the nonhed�orWt51 on Mid inept; • RUNNING.THENCE aloof the lionised)/aideofmid Lot 51,Nordr66 Degrees 52' .20`West 292.321ter to the easterly side of Cedar Point Drive(pdvat4;' RUNNING THENCE strong rte=matedy aid of.Cedar 'Rolm Drive:and Mena the latterly aids 40 • a� of.Cady Beach'Road North 23 Degrees. 07'' ' Sat-fl-ii feel ) EGINMNG act ? to.the corner' first above .mentioned, at the point or place of . .. ,). • FOR The POW to be Wane under pea ripen Wta ewe the tins to tam hos nna antOON FOfAN - .improvements neaten an the promise senile by law caaateta rad.trepan). ONLY TOGETHER went all the Yacht,litht shldiatenattlf the matt*the flitpart.at In and le the land lyarty la.the street la frost e,ant ae snag eatd:paamdue. •Mar L ZUUb ! 4 I PM a: iNo .“ibb H . b • . ,•.• ., sisgargamassmfgaimn 1 • : ,T 1 • h_ h ' h•I,i ''''y'l•', 'r Eh V,: [ h Hhi ''[.': ,:' : 4' • • 51E114131316 FleiM age Fail415-79-0,2 .i. ft* 20 203313;'SO. P.11 ... .,...... .4 • ... • 1, AltKiri/Antrialii Bit hquaistattompriot qf New fia -. ' . . . ••-• ..:5 .„ . 111611117111 1• 41" • „ . . . , r • Stan 011111116110EK ,} mil • Ji COMartalliaba ?Or •„ Thilleillist 6 ', McMgraire _ giolialpt CA feynNeAdAspo,itbrAy,, , abet iser Sikiwans,al . anal ems letsfealgt nantal0PC. Sitell'INNit aa . . lisilate 1 ',4..; psis r ";,-----,,s a. Nut • Oil!17(1;i1Mi /001,04•01:rt,yak pan papyri') - it Olin -, IIIISMICCOSOI INESIM • I idisimbigma oast6, , 1 ssiesla00.361/NJ-- • astabowsruCa stiabiEwitlistais. 0, . . , . . Bargain and Sale Deed H . =am .,, 4 . muss . swum ea Ibiatopsy.taz 2i . . • we hes . awe is. natnaht......a.,.. Totana' , Wives , , ids•WOollioba , ,) WNW tailhof tilerssilsomps 4 11111wnigdiimis - .424no Twit anal'!"II dial' ' ..,..- astrifit eriebotc. 41084.11616061 taislintilic gr - . ' . . • , ;$ • . • al& Ate p 4c=capiliNgalli.'' t; • ' , „ . • -Mar . I . 2U0ti 132PM. No . 4965 P . 7 •Vary, First American Title insurance Company ofNew York z odw..t� QAN and � . . lgsn. o; .. maw r rout u'Nryasawu wtpdie tnufgrnumiemtrwatararrArwns an tau we warm ems. . • THIS INDIMRE.:ask the.tim ty°Merman,laSysOn . BETWEEN j' . ,,,flmpttooloi Aat.e4lalab' Addeik1215catrMoa► .9!aohl•Ifif . wty eau not pad.ad • Nernst Ovlakf4dty,LLC Adkins;MN CnyyAwaw,ltaaa,NY 11101 PM'of Sad pall, . •• I • WITJh1E$�'jja thN'tbiatty Ih p .f.We u pm,In wroldnnka of to Donis Dohand alit AWNS . s. ' ootuhbdmbapollby.Spatiorateawed pan,eta r y>p -and+dent+*loth.patty°Niemandpsn, r Um hit or auenaWmaod uitpa o(UppYw Of theWild pauy fyhhit; SEE SCHEDULE A FOR Pltf?PERI'X`DESCItIPTIOIN �1ifHill wit st*am� �4�dd.ad latweaC if nay,wf eine af Ow Sint PH In Ed lo,haw atma{vrd made ^ • uute+utd ' witting to the,nee*haN,ihenti TOajniawigtWnspgimuatheitlddithe' : Atka the OM of di Mx prrin.tad_iolalit pan*To HAV{SAND TO.,HOLD t rppanhea, herein grimeduthcpnvofthe.a+wd dp , wkelnaesuaaw sstad.adpuiuftkiruty'ufdteiiccoS$1 Ath Ddje Panyofdin ant paKmwh'a ndw tM parry'aflhelhr p.nyhr.rot dune orithhred a aydihw.Nsty ld phmitowlove been smum_baadleany way+haJwr•Safi IP sfontald. .. AND the pety of etc alit pPa etteoliva with Bohai 13 of*LS taw,COWMEN tbn the'swot tbnfat . i pan will SO*Ole Otaidaada lb',,:lhhte hnlyaae and\will hohtthe ddht di reevite tech miaow*as r • . uvat Mu to IS EPOS Nn kr nth pmptate aiming' .W o yt'theif the tatpwvawntand.win apply the go*Omxa ' MONK Ord*aa Or the imrthrentbefit ab l9ypM utt iiaWAfihists Ilwayothor pryoae. . lb woof"'pony"iSilbe canned a If It t.Wrpwat"wham Saone afnt &Indemun.o reyulnrr r • IN WITNESS WHEREOF; dm pally at the gat pan ha duly rswtw dila deed Sha dry ww year ' Thu abort written. . . 61dea1ure of laandl.Aaaadata la . , / a /02,46/Ichtt,1/294,0itaig',' mer . [uun ' • dLNM No4y6b N . 8 First American Title JAsrrreJ Ce Company od'New York r BARGAIN and SALE DEBT with COVENANT Auhty •Mlt.l a. * STATIC ONNEW YORK CnI1NTYOrduRNY SW Oat Zia M1'oril.Int yen VinbMbwaw, ' ' dm nitntitoadi.pita 4porrod Leans: lath,pininndb'mowuawaw mese onQebale 'i atienePomory anion= to be IYe'.thniee eko/ whoa oaaWu)p ON subsalbad Cu dK within Stunt sod . biMadtbah IuIP mc ibol)katenhaptl ozwaitp1 4 dt a) on thy 1a*Sew4 Wt hkwiduatlq: of the , ' Moon ',xiholadr or which tit" 4odWidud(a) sot • . eaeoltaddtt Waaatenl tlWaluro*tent or lad1Wdutl tWlotaoiaonIndtmenl':. • Vow oclnawNdtaprry tahealo Now York Sit. 'i�. et ' a tlefia anandSak=QJt:eif • ' Pall>Itur� llrnrCuyrotoar AOAIWIraiworrnow Mn TITL6N0.. . IaabdaAssfnIu It Map , TO.�. SWIM MU i brae Oa l: Ott ' led OMAN ►tae 1MR14gr�ete nal Smite riShumunkinsite and ciZt en aenoa Iuaar waarr nit tont 'Iria'OAe I ornown, . ... atla .s9I WWII le Wil Al two., vim minsicIM austansraaeRerrin sortL. /Mr WAW4t/St 'ariKYt4'IW • se nc • w'aaaparyrNt'IY1N I. j t . ) � ZUL.b H 'ci/PM • •. .40 • \lo •4q6b • • First Amerietua Tkle'nuns Carew •• or Nate.YOS Hodes WOW Rog.104 Ildit No.30144936 • SCHEDULE • A • ALL that nein S• pkee cc peed of bud skate.big IS belt G Barlow. 111 •the Ton of • fkaray.of Sone&and See of New York shown on a.certeln nop make. iddivWeit Jim. of Cede Beet Partaitoce_at !Nom of Scatitholds and Reg he de aftmg ClertssOffice ea Don, 20. 1927 as Map No. 90,eon perikierty brand ant —gm MS in follows:. ., • BEGINNING at the censer formed.by the imermaion of the loutherly aide of(hated. Grinte).with.die aft*side of Cedar Beach Rath THRICE RUNNING dig the southerly side of Orrhantlane South66 Degrees•52' 20° Es 45W ket Dine(451.76 kat setual1 Omuta the weskit aide of Ckarview Raed(reivaie): A 00/ RUNNING THENCE'dog the westerly side of Clement R02610019 Names 07' 20' Wast 12242 faek• to thimednueetely.side of Cheviot Rood.South 66 Degrees 10' Ir.Wen 279311*to the nortInsty ode of la SI oo said Mem .„ RUNNING THENCE *mg the warthork side of mid Let 51;North-St Degrees 52' • • . 207 Win 292.32 ket to tbc came*side of Cedar peat Drive(private)i. RUNNING liitirts deft de eamedy ate of Ceder Poke Drive etd along the •ride of.Cedar Berolt Rill Nadi 23 Deptes or cr Es 322..11 km(deed). • • • (=JO key menace It corner.firs above mendoted et the point or 91400' BEGINNING. 11. • — • • • .one W an told winia thin at 10m,tbar ilela to math ballellan aid • • • •Ito . • iserovemetiee reels en wie prwomm viol*or inw risMorwki nid COMMVeleatle .• OU.V TOSETtienah 11th.00 on 1100 al 0 mg tif the 1110-1180,of.,in enti to a.knii.rriai the.Mreer In Irene el NM along reel panelist• • • . . , . - • l• • • • • First American Title Insurance Company of New York Omni Building 333 Earle Ovington Boulevard Uniondale, New York 11553 Telephone (516)832-3200 Fax(212)331-1427 March 14, 2005 William Fielding, Esq. Minerva & D'Agostino, PC 107 South Central Avenue Valley Stream, NY 11580 Re: 1275 Cedar Beach Road Southold, New York Dist 1000, Sec 89, Block 3, Lot 1.1 Dear Mr. Fielding: Atyour request, I have reviewed the chain of title for the above-referenced premises for the purpose of determining your client's rights to a certain private road running along the easterly boundary of the premises. Based upon this review, I have found as follows: The premises under examination (hereinafter referred to as the "General Wayne parcel") are shown as a "reserved" lot on a certain map entitled "Subdivision Map Cedar Beach Park" dated September 15, 1926 and filed with the Suffolk County Clerk as Map No. 90 on December 20, 1927. This map also depicts the road at issue as "Clear View Road". The General Wayne parcel was included in a number of conveyances from 1926 through 1949 as part of much larger pieces of property. The first conveyance of this parcel in its current configuration, and with reference to the filed map, was in July 1949. The Early Conveyances At the time of the filing of this map, the land shown therein was owned by "Queens Operators Corporation" by virtue of two deeds from Edwin H. Brown and Adeline R. Brown, both dated April 1, 1926 and recorded on April 26, 1926 in Liber 1169 page 234, and December 15, 1927 in Liber 1321 page 250. a First American Title Insurance Company of New York William Fielding, Esq. March 14, 2005 Page Two In 1931, Adeline R. Brown and the heirs of Edwin H. Brown executed a "confirmatory deed" to J.P. Muller Realty Corporation, formerly known as Queens Operators Corporation. This deed was recorded on April 2, 1931 in Liber 1566 page 325. In 1933, Adeline Brown, et al. foreclosed their purchase money mortgage on the map property, culminating in a Referee's Deed dated January 11, 1934 in favor of Estate of Edwin H. Brown, Inc., recorded on February 17, 1934 in Liber 1754 page 74. In 1946, Estate of Edwin H. Brown, Inc. conveyed the map property back to Adeline R. Brown (Liber 2607 page 1). In 1949, the Guaranty Trust Company of New York, as executor of the estate of Adeline Brown conveyed the map property to Howard A. Toedter, Inc. by deed recorded on July 16, 1949 in Liber 2971 page 16. Conveyances of the General Wayne as an individual parcel On July 15, 1949, Howard Toedter, Inc. conveyed the General Wayne parcel to Eugene and Helen Sutherland by deed recorded in Liber 2972 page 111. This deed contains the following recitals: BEING AND INTENDED TO BE THE SAME PREMISES. delineated on a map by one Otto Van Tuyl entitled Subdivision Map Cedar Beach Park completed September 15, 1926, and designated on said map as "Reserved Cedar Beach Inn". TOGETHER WITH ALL the right, title and interest of the party of the first part of, in and to such portion of Cedar Beach Drive, Cedar Beach Road, Orchard Lane and Clearview Road as adjoins said premises to the center line thereof, subject to the rights of others to pass and repass thereover, and together with a right to the parties of the second part, their heirs and assigns, running with the land hereby conveyed, to pass and repass over the northerly half of Orchard Lane and the southerly and southeasterly half of Clearview Road. • First American Title Insurance Company of New York William Fielding, Esq. March 14, 2005 Page Three The General Wayne Parcel was thereafter conveyed as follows: Parties Date Recorded Comments Eugene & Helen Sutherland 3/ 14/ 1950 L. 3056/425 Same '/2 streets clause as To L. 2971 page 16 Cedar Beach Inn, Inc. Cedar Beach Inn, Inc. 4/29/57 L. 4299/ 12 Same 1/2 streets clause as To L. 2971 page 16 Ralph.Capasso & Frank Ferrara Frank Ferrara & Ralph 5/11/62 L. 5168/266 Standard '/2 streets deed Capasso clause To Harold H. & Jeanne W. Bick Harold H. & Jeanne W. Bick 5/14/62 L. 5169/86 Standard '/ streets deed To clause Yennicote, Inc. Yennicote, Inc. 2/2/63 L.5303/ 174 Standard 1/2 streets deed To clause Margaret D. Skur & Arax Tar.inian Margaret D. Skur & Arax 10/ 14/64 L.5638/307 Standard 1/2 streets deed Tarpinian clause To The General Wayne Cor.oration The General Wayne 2/29/68 L. 6314/466 Standard 1/2 streets deed Corporation clause To First Neck Lane Enterprises, Inc. First Neck Lane Enterprises, 5/25/71 L. 6946/03 Standard ' streets deed Inc. clause To Robald Realty Corp. I • • First American Title Insurance Company of New York William Fielding, Esq. March 14, 2005 Page Four Robald Realty Corp. 7/ 1/82 L. 9208/426 Standard 1/2 streets deed 1 To clause Robert G. Norkus Robert G. Norkus 7/ 1/82 L. 9208/428 Standard '/2 streets deed To clause General Wayne Inn, Inc. General Wayne Inn, Inc. 7/2/82 L. 9216/27 Standard '/2 streets deed To clause Victor Farinha, Jr. & Duane A. Seaman Victor Farinha, Jr. & Duane 11/5/98 L 11933/ 113 Standard 1 streets deed A. Seaman clause To Lamba Associates, Inc. Lambda Associates, Inc. 11/25/2003 L 12306/350 Lamba Associates, Inc. To Oviasid Realty, LLC Based upon our analysis of the foregoing chain of title, it is our opinion that Oviasid Realty, LLC holds the underlying fee title to the bed of Clear View Road up to the centerline thereof. This title is subject to the rights of others to use said property as a right of way. Should you have any questions, or if you need any further information on this matter, please do not hesitate to contact me. Very truly yours, 1p/net T. Kania Vice President & Counsel REV 8/04/05 JOB No. 03487 POLLUTION CONTROL TAX I.D. No. 1000-89-03-1.1 / ADD 0913 0/05 ADD TEST HOLE DATA ZONE j/ / j REV11 REV 11/17/05 NOTE: ADD R.O.W.NOTES LOT 3-AREA 35,940 SQ FT INCLUDING R.O.W. 1 7-„Lt. AREA 32,101 SQ FT (CWDING R.O.W. ( 11 w /\ LOT 4-AREA 35993 SQ FT INCLUDING R.O.W. SUB 1, / \ QC�(Org AREA 79,4475Q FT EXCLUDING R.O.W. 1 )JT � ✓pCT o /<^� RESPW ti ' �` 'h97NgAWf a �'/ / wR°AO m3 � !/��i�//; / � \ Q � /" ! V �./ ��__ /. //�' / / V / /-//�///,, �/ ,/ ,i l �� p,, � %/,,/,'r i 0�3 / /j_-> ��� " V '"' r0 LD . , ` Qi/.'//�y�Ty' it i'�,/7 %.' ,i,, +�;�w i m / / // / ?25 \ -----1.—._\ oCCRFs Pi,,, Nl" riff,„, Al• AaA.'R // oSy'. «.w, tt Ckill �° J 10:- %,. / ! q1�0 KEYMAP i// /,,, O , `', 1 � 1,•.,.„,„,./. 3.D ' 6�- \ T op„, 4,? A Q �� p Ar ���\ % ��5�. v Oct�O7s TEST HOLES 4/17/M _ MODONALD GEOSCIENCE rt � / p yX V � � A. "16`v� w R� ��,. �i� �� ��P� 1 a-Jo 0�5�N� v TEST HOLE*1 Li tif , p Aw, 2N ` SURFACE ELLV 113 / , J W I M �j� -CO-.-�\ •='NDZ �a a+ xc \ \ \ 5'2, 05 SAND AND LOAM // t v / \ \ 0 ML BROWN SANDY SILT ' /v, q/ a���i_. 3 0 / ;,..,:i f�e o �/ I. \ �..� elI, """��� \ o�f" l 363369 T m a \ `a ��-, ^ `. \ \ SQ�. / `� !pp �4 \\ ?.�111A1� ��� /% I I / SW SAND BROWN EINE TO COURSE Op z /N \ —5 , N \ �\ gyp/ \-a/ 'ip\ I I� \� r 21 I S6 \ 0 $ `Y/K'LU{, `y_ \ �J - WATER IN FINE TO C(7 A`� 3.8. A 522p A s �I , /4ut - 'LW,Com\ \ -)ACs.. p SW COURSE SAND / oamlE \ \ F z2Qg8 \ \/ / ��SO• / / ;24 \c'1:-\�'�a\ /` / occ 404- / or , • ��� / avl�� v v ��� A r n �y � Er 17 47 \ / 'YIN:% \. \��� %"�\ o W / , l��' Ih l \ �. \ \� �' I "tAlr F �r v v 75•/ / v/ f�� \Y�i �`e'"4TEST HOLE k2 �l: A4 / / g / A i z ^` SURFACE ELEV 125 CO / \ _-.,..4 / - TEST HOLE G/ z L . � \l/P- 97 \ �� I' '� / q11,- I z_ t0A IM6�r_ ° a . / \ \ BAND ANC LOAM p ,ai, jr Q / a/W. _\ / 0 go I ��0 �� i19 �•t/ek 1G. \/\:.,,z! I I \ \ BROWN SILT / y' / � I \ ?T8 1' \ J o-� I \ SC BROWN CLAYEY SAND �\i /� /F T 'rZF f-------LT . / �V fl �� ( \ B � l _ s c 2 / ?,.,-----;\:---1 / ,y FST ��7/ p V �� as OT \ ,o BROWN FINE TO COARSE SAND e u .QT HOLE ��////I�. / 1 7v 'v � 993 4 v Aw • / rqa. sw m / / X ,,,In\I. / \ .p yp SC) L......, EBWND_:I>Si. 3 \ / °COr CRESpT7'3 SW 9g WATERT SAND FINE TO�� / / �` 36.369(OT7 / / o /�' / \i., . rA1E��°" �4,` _.N,��i ®\ wCOURSE D A 'A1,1/4)4/5;1 /i- `V S+ / Lp. zxz -']I[,�e �t4 �/ Z�EX WATER IN PALE BROWN FINE TO :� , - A QF / V r� e/ ele %;•,;(1,`,i. �sxr zONEAE _,A .� / p2 Map SP 130 .AI 1` T �'��� o [oryy / \R� MEDIUM SAND / 13. y � �� .,x„ \ / d ?�?�'\/• ' />U% \1, �°` � ( ST 4J..\ j / ,. ` ex\ OT 17 / -FIAB,-__ \ 8 \ vl / i \��y�, ' �_W.w mn 40` "_4\I,.• �/ ----- ng) \wFT l _v„ v \ l.iz{,.Nw i �e `I -)� �,.� A \r v T- �� /�� 3 �v<gND TEST HOLE*3 V A A - qe / / ��. "e/ \� -m,ej Wq / �! D �S SURFACE ELEV 10.5' / \ 1 �r�,i 75 4— � t!VVi e .'. / " C� �� SILTY LOAM ��_ A/6> 4,\//� , ce 1 . 2�D� �.�� SOF Off( r OL Z �2 32a ��� A\h 7 ��\ �a�6g�O4 1 D \\ NyyR� O,. SW COURSE TO FINE SAND ,.4, Opel \ ',\ w zs �p r• 7Qr DDD 0 ��/4 u /r�r \ 1 - bAC�'90.p T s/"-,� \l;�\ ^ SW 7JOF NE SAND ATER IN BROWN COURSE Tq ,'C70 ren \ \_ T ' V V GENERAL SEQUENCE OF SITE ACTIVITIES - -7T tJI 0c,„-'402.. 17 C-4„, Ts 1]INSTALLATION OF PERIMETER EROSION CONTROL MEASURES 5]A STABALIEED CONSTRUCTION ENTRANCE SHALL BE MAINTAINED \ FW [SILT BARRIERS,CONSTRUCTION ENTRANCE ETC.I TO PREVENT SOIL AND LOOSE DEBRIS FROM BEING TRACKED ONTO ��/b,(�T 21 CLEARING AND ROUGH GRADING,TOPSOIL AND BACKFILL LOCAL ROADS.THE CONSTRUCTION ENTRANCE SINAL BEMNNTAINED e7 MATERIAL STOCKPILED. UNTIL THE SITE 0 PERMANENTLY STASII QED, 3]INSTALLATION OF STORM DRAINAGE AND SITE UTILITIES 5)ALL RUNOFFSHALLBE RETNNED ON SITE IN ACCORDANCE WITH m TOTAL AREA SUBJECT PROPERLY CONCEPTUAL SKETCH PLAN 4]INSTALLATION OF PARE LOCAL REGULATIONS FR M APPROVALS.BDUILDUP EHROULLEDGHT ON SITE ni 5]INSTALLATION OF PAVEMENT SHALL DE PROTECTED FROM SEDIMENT BUILDUP THROUGH THE USE ;I""'°• tl 144,712 SQ FT 'WITH TREE LOCATIONS FINE GRADING AND VEGETATIVE STABILIZATION OF APPROPRIATE INLET PROTECTION. nrvs 67 7]APPROPRIATE MEANS SHALL BE USED TO CONTROL DUST DURING ELEVATIONS IN USCGS DATUM ITOPSOIAL HOME SIT ETC.] CONSTRUCTION. 7]INOMDUAL NOME SITE P,&RDVENLNTS m. BI SELIREMAN IN PLACE UPLAND DISTURBED AREAS Unauthorized aa'e"e'me°"e°n m Pis doormen"awomen m Swann 1219 SURVEY OF: RESERVED AREA GENERAL POLLUTION CONTROL MEASURES SHALL REMNNINPLACE UNTIL UPLAND DISTURBED MEAS ARE , ,1� on. roue New inksmeEero°°nl'". PERMANENTLY STASI'vFTI,FOLLOWING PERMANENT STABILIZATION— _ ce,tromns nav�ne,mnakJl run onbmme,c,snimwwm rt=mew,m IN ACCORDANCE WITH THE PROVISIONS OF THE USEPA GENERAL PAVED AREAS SHALL BE CLEANED OR SOIL AND DEBRIS AND DRAINAGE -.172.j.--L newmn�mmn�m,sl�TMucompany., ,m oemTI,m,maoummand Ncrawv,snlutist' SUBDIVISION MAP R CONTROL ASUATER MANAG G.BUT AND UNITED O. SEDIMENT 9]SPROPER ROPE MALL ENANCEBE ,OF EROSION IFON CONHED R NECESSARY hereon FWINGS SHALL EMPLOYED UNITED CONSTRUCTION. S] RMEDASINDICATE BYPERIIODICINPECTIONAFTERHEE eines ,� �pesrtmnem,mnrtm[ennnemepiamvmrsm,Nmlmemshiners. mm; OF CEDAR BEACH PARK FOLLOWING BHPJI BE EMPLOYED DURING CONBTRUCTON. OR PROLONGED(STORMS BY PERIODIC INSPECTION MD AFTER HEA, n pesofthe xwmammen,pwe copy OR STORMS MAINTENANCE M1£A-SURESARE TO INCLUDE, meonsb(memrnsbns)enwm the p are sauim me property Imes am 1]][BY EXISTING LLATIOVEGETATION ONSTRU N SHALL BE PROTECTED BEWARE NOT UIWREDTO, EANINCLEARING OF RECHARGE SEDIMENTBSEDIMENT ie Owlspwpeeanaushow and hemon m nammnaee moudeue!r ;eneartanlnepooldP,+4p�truecoT. am .eoemnmsue,oeme OtherBAYVIEW, TOWNOFSOUTHOLD n of ISP INSTALLATION OF CONSTRUCTION FENCE OR OTHER TRAPS AND BERMS AND CLEANING AND REPAIR OD EDMIBARRIERS, 1 re F NE6y Ya n_MEANS]AND SHALL REMAIN UNDISTURBED. REPAIR OF BETdIS RUNOFF DNERTERS,AND CLEANING AND REPAIR me mrnns of light ofvaysand/or easements m,�m,n any,not snwn are not C .4 1 2] CLEARING AND GRADING SHALL BE SCHEDULED SOAR TO OF INLET PROTECTION DEVICES DATE, 05/2005 SCALE: 111-JDA MINIMAE THE EXTENT OFD,GRADED AND AND LENGTH OF 10]DURING CONSTRUCTION,THE CONTRACTOR SHAUL COMPLY WITH en+•mn A HABE EKEPTARE STABIL TXPOSEDTROUG AND STRIPPETEMPOR ALL LOCAL REGULATIONS CONCERNING THE DISPOSAL OF SOUD `mo" s'"°` 1 N G.GPAF SHALLING S REQUIRED SE DMD(TURE THE SHALL BE TEMPORARY WASTE AND DEBRIS AND TOXIC AND HAZARDOUS WASTE AS WELL AS .4 -� / WITH GL CONSERVATION SERVICE RERECOMMENDATIONS NDANCE SANITARY SEWER AND SEPTIC SYSTEM REGULATIONS. _ _ r '$I O CERTIFIED ONLY TO. DESTIN G. GRAF • WITH SOIL CONSERVATIONNERNOE CLEAREDSLOPL eI < a R 3]THE LENGHT AND STEEPNESS OF CLEARED SLOPES SHALL BE UNLESS OTHERWISE DIRECTED BY THE OWNER THE CONTRACTOR \ �® _ e _ Y MINIMEED TO REDUCE RUNOFF VELOCITIES RUNOFF SHALL BE IB RESPONSIBLE FOR MAINTAINING THE NECESSARY RECORDS OF nt me, REDDY INDUSTRIES, INC LAND SURVEYOR AU DIVERTED AWAY FROM CLEARED SLOPES. CONSTRUCTION ACTIVITIES,PREPARATION OF INSPECTION REPORTS, .y:m y 41 SEDIMENT SHALL BE TRAPPED ON THE SITE AND NOT AND REPORTING RE,FACE OF POLLUTANTS TO THE PROPER 7v7kites l rq LIOCN +051,•' J PERMITTED TO ENTER ADJACENT PROPERTIES OR PUBUC AUTHORTIES AS NECESSARY TO COMPLY WITH THE NATIONWIDE P.O.BOX 704 ROADS,OR DRAINAGE SYSTEMS SEDIMENT BARRIERS SHALL PERMIT.THE CONTRACTOR SHALL REPORT ANY REQUIRED I��m15 49 �� ROCKY POINT, 11778 BE INSTALLED ALONG THE LIMITS OF DISTURBANCE PRIOR TO MODIFICATIONS TO THE SWPPP NECESSITATED BY FIELD CONDITIONS HAV BALE BARRIER 6AF�8]Q]'1A VP THE START OF CONSTRUCTION AND SHALL BE MAINTAINED OR CONSTRUCTIONACTIVITIESS TO THE ENGINEER OR REVISIONS (631NT, N.Y.N.Y. 1 UNTIL CONTRUCTION IS COUPLE Ih. OF THE SWPPF WHERE APPROPRIATE BY DESTIN G. GRAF N.Y.S. LIC No. 50087 OV Pi W/O-/G— Joseph L. DiSalvo 80 Main Parkway East Plainview,NY 11803 July 15, 2005 Patricia C. Moore, Esq. 51020 Main Road Southold,NY 11971 Dear Ms. Moore: I, Joseph L. DiSalvo residing at 80 Main Parkway East,Plainview,NY hereby authorize you to make any and all applications to the Suffolk County Health Department, Town of Southold Zoning Board, Town of Southold, Southold Town Trustees,DEC and any other necessary agencies on behalf of me. Very truly yours, AldV(3a, J! �l L. Di Salvo Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 12/19/05 Receipt#: 5189 Transaction(s): Reference Subtotal 1 1 Application Fees 5828 $600.00 Check#: 5189 Total Paid: $600.00 Name: Olvasid, Realty LIc 80 Main Parkway East Plainview, NY 11803 Clerk ID: MICHELLE Internal ID:5828 • • �••se' OFOL4 Office Location: 0���� COG Mailing Address: 11Town Annex/First Floor,North Fork Bank ; y Z 53095 Main Road 54375 Main Road(at Youngs Avenue) 1�t P.O.Box 1179 Southold,NY 11971 .4' " �. ,i' Southold,NY 11971-0959 hap://southoldtown.northfork.net BOARD OF APPEALS ' TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631) 765-9064 September 11, 2006 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. 5828 (Olvasid Realty) Action Requested: Subdivision Within 500 feet of: ( ) State or County Road ( x )Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Ruth D. Oliva, Chairwoman By: Enclosures A r ©k/ I as►d `e`-" 1 2 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS 3 COUNTY OF SUFFOLK STATE OF NEW YORK 4 5 X 6 TOWN O F SOUTHOLD 7 8 ZONING BOARD OF APPEALS 9 10 - X 11 Southold Town Hall 53095 Main Road 12 Southold, New York 13 March 2, 2006 9:30 a.m. 14 15 Board Members Present : 16 RUTH OLIVA, Chairwoman 17 GERARD P. GOEHRINGER, Board Member 18 JAMES DINIZIO, Board Member 19 MICHAEL SIMON, Board Member 20 LESLIE WEISMAN, Board Member 21 LINDA KOWALSKI, Board Secretary 22 KIERAN CORCORAN, Assistant Town Attorney 23 24 25 COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 53 1 2 and the pool will be approximately I believe 180 feet from Bay Avenue into thei back yard. We 3 ha,e a considerable amount of .roperty thee. We're placing it 11 f:•et off the garage 4 CHAIRWOMAN OLIVA: I 's really kind of keepi it all in their bac yard. 5 MS. QUIGLEY: Right into the front part of their ba k yard. 6 AIRWOMAN OLIVA: Right. Michael, do you have any q. estions? 7 BOA•D MEMBER SI •N: No. I just was sort of puzzled. The reaso for this application is 8 that this huge back 1_ n is technically a second front yard bec-use it fronts on another street; 9 was that ever a •uil4able lot or it's very narrow I guess? 10 MS. QUIGLL (: It's very narrow, I don't think it would be :'uildable, no. 11 BOARD MEMsE' SIMON: So it's essentially a huge back yard wrich technically fronts on what's 12 now a portion o the .ext street. I don't have a problem with th:t 13 CHAIRW• AN OLI A : Jerry? BOARD ' EMBER GO RINGER: I live in the 14 area, I have o problems. CHAIR' OMAN OLIVA: Leslie? 15 BOAR/ MEMBER WEIS ` : The plans are not to move any 4f the small pa _pet walls, just to 16 install the ,•ool around it? MS. QUIGLEY: Right. 17 BOArD MEMBER WEISMAN: have no questions. 18 CHAIRWOMAN OLIVA: Is there anybody in the audience tha wishes to comment on is 19 application? If not, I'll make a motion to close the hearing and reserve decision until later. 20 (See minutes for resolution. ) 21 CHAIRWOMAN OLIVA: Next hearing is for Ovlasid Reality, LLC on Cedar Beach Road in 22 Southold. Miss Moore. MS. MOORE: I have Mr. DiSalvo here, Tom 23 Cramer, I know you all know from Cramer Consulting. I don't know if there are people here 24 in the audience, because I know you've been getting lots of letters, and the problem is I 25 don't think they understand what we have as a permitted use here. We have a hamlet business March 2, 2006 54 1 2 zoned parcel, half hamlet business, half AC, with the General Wayne on it, which has a CO for a 3 restaurant and hotel. We also have what Mr. DiSalvo proposed to do was do a residential 4 subdivision, and the reason it comes before this Board is that rather than have three hamlet 5 business sized lots that are conforming, all on Cedar Beach Road and the one AC lot, which is Lot 6 4, it made more sense, and we really thought the Planning Board should be tickled pink that we were 7 coming in with this type of application, is to make four equally sized parcels that are actually 8 in excess of the sizes of the lots in this area. Essentially Mr. DiSalvo is coming and voluntarily 9 upzoning his own property, and eliminating a use that has historically been a problem for the 10 community because the restaurant and the bar and the dancing and the noise, just the historic use 11 of the General Wayne Inn has been a sore point in this community. So I was quite surprised when I 12 . saw a recommendation from the Planning Board that that seemed completely inconsistent with good 13 planning. But nonetheless, I have Mr. Cramer here, who is a planner, and who can provide some 14 information, and we hope will persuade you otherwise. 15 The first issue is whether there will be an undesirable change to the character of the 16 community. Again, we point out that this is hamlet business zoned property, which can have 17 several very intense commercial uses on it. The lots as we -- the yield map that we provided that 18 showed where the lots as conforming HB lots would be, would be three 20, 000 square foot lots along 19 Cedar Beach Road. We also have a zoning line that falls outside the minimum lot sizes and the extra 20 acreage that actually falls in Hamlet Business is 4, 440 square feet. So we have excess Hamlet 21 Business zoned parcel, which arguably is at four times the density of AC because HB is obviously 22 much more intensive than AC. We have Lot 4, which is the 4, 440 square 23 feet plus the 69, 936 square feet, that comprises of what would be the Lot 4 . The only reason we're 24 under the AC -- the 80, 000 square foot requirement is because the client owns to the halfway point of 25 Clearview Road, and that area is not calculated into the lot coverage requirement. However, he March 2, 2006 55 1 2 brought for me this evening, because I needed a copy of the deed to prove that we, in fact, do own 3 the road, and he provided very interesting analysis from First American, which I will submit 4 to the Board and have it in the record which shows the title history here. It shows that back from 5 1926, when this parcel was an out parcel of the subdivision, it actually included Cedar Beach 6 Drive, Cedar Beach Road, Orient Lane, and Clearview Road, which adjoined the premises and to 7 the center line thereof. So in 1926, when this parcel was created, it actually owned to the 8 halfway point of all the roads, Clearview, Orchard, Cedar and the other one -- in any case, 9 the surrounding parcels, they actually owned to the halfway point. 10 So this could have been done as a two-step application. It didn't make sense to do it that 11 way, but you have to think of it in those terms. We have three conforming HB lots, we don't need to 12 touch. We have the one AC lot, which is just under because of the current definition in the 13 code, but not from the 1926 deeds and presently he owns and has actual acreage so that the Lot 4, in 14 fact, is excess of the two acre lot requirement. That application, Application Number 1, would have 15 been for an area variance for Lot 4 . What we don't agree with is when we asked the Planning 16 Board, instead of having this configuration with an area variance for one over-sized lot, and I'll 17 have Tom speak in a moment with respect to the surrounding properties, instead of doing it that 18 way, Planning Board, use your planning policies, use your subdivision authority and let's move the 19 lot and configure the parcel in such a way that it's a best plan development, taking it as one 20 large piece of property and configuring the lots around it. 21 ASST. TOWN ATTY. CORCORAN: The only problem here, Pat, is that the Planning Board does 22 not have the legal authority to create undersized lots in the zoning districts. That's why we're 23 here. We're here so let's not sort of re-argue what the Planning Board should have done. 24 MS. MOORE: May I finish? ASST. TOWN ATTY. CORCORAN: Of course. 25 MS. MOORE: Step 2 is saying Planning Board, we want to move one of the HB lots into the 2 March 2, 2006 56 1 2 AC zoning district. Because of the interpretation the attorney has given and the Building Department 3 has taken, we need a second variance because we're moving what would otherwise be a 20, 000 conforming 4 lot into the AC, and we're asking for a variance because now we want to create two lots in the AC 5 that are not two acres in size. BOARD MEMBER SIMON: Are you saying that 6 you're asking for a variance in order to push the remaining HB area into AC's area; you need a 7 variance in order to upzone? MS. MOORE: No, no, no. We have three HB 8 lots. ASST. TOWN ATTY. CORCORAN: She's asking 9 to take density from one zone and move it into another zone, an adjoining zone. 10 BOARD SECY. KOWALSKI: You have one lot • now, right? It's split zoned, and the yield on it 11 might be three lots as a maximum, not four. So you're here because you want to increase it from 12 the three lots that you might be allowed to four. You're asking for an extra lot. And that's where 13 you start from at the Zoning Board. MS. MOORE: I think that we need to 14 establish at least on the record. BOARD MEMBER SIMON: Maybe you misspoke, 15 but I think you originally talked about four equal-sized properties. You're talking about one 16 big one and three otherwise. If you already had four equal-sized properties, we wouldn't be here. 17 MS. MOORE: I'm sorry, I'm assuming that you've seen the subdivision map. This is the 18 yield map that we have provided to the Planning Board. You can see the three 20, 000 square foot 19 lots with the one Lot 4, which is the AC. And the AC, as you point out, because the road is deducted 20 from the acreage, brings it just under the 80, 000. What we want to do is take what were the three 21 lots over here, make these two lots larger, otherwise the yield that you would have in the HB 22 and move it so you would have three -- four evenly sized parcels. It's probably basic planning to do 23 that. ASST. TOWN ATTY. CORCORAN: The point that 24 was raised, though, you start from a premise that your yield allows three conforming lots and the 25 fourth one isn't conforming, so you don't have as of right to the fourth lot. You have as of right March 2, 2006 ,57 1 2 to three lots, and you're seeking four lots. MS. MOORE: We are seeking four lots, 3 there is no doubt. The interpretation the Planning Board gave us as to whether or not we 4 have a yield is a very, very strict interpretation of whether or not we have the ability to put in -- 5 BOARD MEMBER SIMON: We would be here even if the Planning Board hadn't announced anything. 6 MS. MOORE: Yes. We would still need to come to you for at least one lot. ' 7 BOARD MEMBER SIMON: So it's not really useful to address what the Planning Board said 8 when you're addressing this Board. ASST. TOWN ATTY. CORCORAN: In fairness, 9 the Zoning Board did ask the Planning Board for its input, which it gave. 10 MS. MOORE: Yes, and I received that recommendation, which I'm assuming you have in 11 your file and you read, and we don't necessarily agree with it. 12 Tom, maybe we can provide some information with respect to the surrounding property at this 13 point. ' MR. CRAMER: For the record, my name is 14 Thomas Cramer, principal of Cramer Consulting Group, offices at 54 North Country Road, Miller ' 15 Place. Mr. DiSalvo came to me a couple of years 16 ago and discussed this as far as the opportunities 1 that he might have in developing this property, 1 17 looking at the existing zoning, the HB and the AC on the side. We went through several different 18 concept sketches, and I know Mr. DiSalvo has also been approached by several developers and people 19 interested in the property that were suggesting other types of layouts and utilizations of the 20 site. Most of them looking at multi-family or reopening the General Wayne or doing something 21 like that. Mr. DiSalvo wishes to preserve the 22 residential character on the site, particularly concerned with a number of large trees on the 23 property that exists, many of them that are in excess of 100 years old. 24 We sat down and we worked out this concept that we have here before you of the four lots. 25 Again, we're recognizing that there are three 1 conforming lots that conform to the zoning under I a March 2, 2006 58 1 2 the HB zoning, and then the one, the AC, would be just slightly under the zoning requirements if you 3 have to exclude the area of the roadway, which he does own. 4 If you take a look at the lots in the surrounding area, there's some 28 lots in the area 5 of the site. Three of these are large and could be further subdivided. The majority of them have 6 already been subdivided and wouldn't be able to be subdivided anymore. If you consider the smallest I 7 lot that we're proposing in the subdivision at 35, 993 square feet, with the average lot size of 8 36, 177 square feet, within the area, there are 12 lots that are smaller than our smallest parcel and 9 13 lots that are smaller than the average sized lots. I think that equals approximately 52 10 percent conformity to the area. If you look at the site and propose a 11 layout that conforms to the zoning, which is the three lots and we have to seek a variance on the 12 AC lot, we then come up with 21 lots that are larger than the 20, 000 square foot lots that are 13 proposed, or 85 percent of the lots. So these three lots would be out of character with the 14 area. , If you look at the AC lot that we're 15 proposing, there are 22 lots that are smaller than the AC lot, or 88 percent. So both the small lot 16 and the large lot are out of character with the area. And what we're proposing with the four lots 17 of approximately equal size fit more into the I character of the area of the site. They also 18 allow us to better locate houses on the site to preserve the large, historic trees that are on the 19 site. If you look at the HB zoning, we could 20 theoretically, rather than individual lots, we could place and obtain at least six units of 21 multi-family on that as well as seek a variance for the AC. Again, the AC, as stated before, the 22 variance that would be necessary for that would be extremely low, it would not be substantial and it 23 would be in conformance with the area; in fact, it would be one of the largest lots in the area if it 24 was subdivided by itself. We would be able to meet all Health Department requirements even with 25 the multi-family of six acres under the existing zoning considering the overall density. March 2, 2006 I '59 1 2 So what we're proposing is something that would have far significant less of an impact from 3 the community, from an environmental standpoint and also the character of the community. As Pat 4 said, we could have come in in a two-step process. Come in first showing a subdivision of three lots 5 on the HB and ask for a variance on the AC. Then ' come back once that was established, then come 6 back either to this Board or look to Planning for possible interpretation under clustered 7 subdivision to configure the lots how we really want them. We chose to move this way from the 8 planning standpoint and also from the review standpoint. 9 That pretty much sums it up. If the Board has any questions, I'd be glad to try to answer 10 the thought process that went into this. BOARD MEMBER SIMON: I have one question, 11 maybe I missed this. If you had gone through the two-step process where you first were carving out 12 those three lots in hamlet business, according to some arguments, why would you need a variance at 13 all? MR. CRAMER: You wouldn't need a variance 14 for the three lots. BOARD MEMBER SIMON: So the one stage 15 would not involve you coming before the Board at all. As a matter of right, you could take those 16 three lots in the front half of the property and put up small buildings on them? 1 17 MR. CRAMER: For those three lots, but the problem is if we -- 18 BOARD MEMBER SIMON: I understand what the problem is -- 19 MR. CRAMER: You still have one lot that doesn't conform to the AC zoning. It would be a 20 very minor variance that would be needed. BOARD MEMBER SIMON: Then you would merely 21 be asking for a variance on Lot 4? MR. CRAMER: That's correct. 22 BOARD MEMBER SIMON: Then according to this argument, this Board has nothing to do with 23 turning the first half, the HB part of that, into three small lots. 24 MR. CRAMER: That's correct. BOARD MEMBER SIMON: If that's true, then 25 the argument which Miss Moore made was that it would not change the character of the March 2, 2006 '60 1 2 neighborhood, which is questionable, since changing from one large building that's falling 3 down into three small buildings would be unnecessary and inappropriate, you wouldn't need 4 that argument at all. MR. CRAMER: That's correct. That's why 5 we chose to come directly to the four lot, rather than come in and be three lots that didn't conform 6 to the character of the community and one large lot that also doesn't conform to the character of 7 the community, we chose to come in with the four lots, rather than seeking one variance for the 8 large lot that even though it's large, it still doesn't come up -- 9 BOARD MEMBER SIMON: Right. As a matter of strategy -- I guess we could all guess what 10 would be the better strategy -- one of the reasons you're running into trouble right now is combining 11 these two steps into one. Maybe from a legal point of view you wouldn't have any such problem 12 if you had taken the first step of getting ready to build on those three lots and then say, oh, by 13 the way, we would like a variance on the other property and then move all this around. 14 MR. CRAMER: I agree with you as far as that goes. Again, we were looking at this from 15 more of a practical planning standpoint, and assuming the Planning Board went along with us, as 16 a matter of fact, I wasn't planning to be here today, it was just yesterday that Pat informed me I 17 of the concern by the Planning Board and the letter came in and she asked me to come. Because j 18 it was her opinion that she felt this was kind of 19 BOARD MEMBER SIMON: Okay. Then if you were wrong about what you could expect the 20 Planning Board to say, and your prediction for practical planning purposes depended on their 21 making a very different decision, it's not quite clear why we're having this hearing at all. Maybe 22 you should go back and re-argue that before the Planning Board because they haven't asked as to 23 what they think; and they haven't given you what you wanted. 24 MR. CRAMER: We cannot go back to the Planning Board because we would still have to come 25 here no matter which way we went. BOARD MEMBER SIMON: Unless you just went 2 March 2, 2006 I 1 I I I 61 1 2 for three lots and then waited until later on to see what could be done with the larger lot. 3 MR. CRAMER: What we would do is submit a land division application to you with three lots 4 conforming and one lot non-conforming. ASST. TOWN ATTY. CORCORAN: They can't go 5 back and create the three small HB lots because -- BOARD MEMBER SIMON: If you had a choice 6 between having three small lots and having no use for the time being of the larger fourth lot, or ' 7 running into a problem where the whole plan is at risk, if you had known what the Planning Board was 8 going to recommend, and if you had anticipate that we would follow what they say, we're certainly not 9 committed to that necessarily, then you probably would not have been before us at all. You would 10 have just gone with the three lots and seen what you could do later on. 11 MR. CRAMER: Well, my client wishes to develop the property -- 12 BOARD MEMBER SIMON: I understand, but the thing is your argument -- and I think it's a good 13 argument -- is to say based upon principles of technical good planning, it might be a good idea 14 to approach what you want. Unfortunately, the Planning Board didn't happen to agree with you. 15 MS. MOORE: I have been at all the work sessions and never talked about it. What they did 16 or not is what you got from them. MR. CRAMER: If you read the letter from 17 the Planning Board, they are presenting it in the strictest interpretation of the law, essentially 18 saying the zoning is such, and the zoning allows for three lots that conform; the fourth lot, even 19 though the variance is very minor, does not conform. So their letter to you is saying there's 20 three lots that conform to the area. Therefore, according to the code, you have three lots. 21 BOARD MEMBER SIMON: So your client has a choice, either ask for what the Planning Board has 22 clearly given approval of, namely need three lots, or to try to persuade the Zoning Board to ignore 23 the Planning Board. Those are the only two possibilities. 24 MR. CRAMER: And right now we're trying to persuade -- 25 ASST. TOWN ATTY. CORCORAN: I think your ' best argument is that you could be here before us 1 March 2, 2006 62 1 2 with three lots guaranteed and only needing a very small variance for a fourth lot. And you think 3 the plan you have is more palatable to the community to create those four lots, but they 4 would all be slightly larger than those small HB lots. 5 MR. CRAMER: But have three small lots out in the front that don't conform to the community. 6 ASST. TOWN ATTY. CORCORAN: You're in the ' unfortunate position of that plan requires a 7 greater variance than the other one you might see. MR. CRAMER: It requires two variances. 8 ASST. TOWN ATTY. CORCORAN: Right. And ' it's the more substantial variance. 9 MR. CRAMER: If the Board would consider it, granting the variance for the AC lot then in 10 turn granting the other variance, then that's certainly, just as far as procedure goes, that 11 would make sense also. BOARD MEMBER WEISMAN: What other 12 variance? MR. CRAMER: The variance for the AC lot, 13 then the trading, the moving around of the lot lines to have the -- 14 ASST. TOWN ATTY. CORCORAN: You would still need to have the variance on the two AC 15 lots. MR. CRAMER: We would still ultimately 16 need it. The only difference is that it would, again, be a two-step process; we would still be 17 before this Board for two hearings and in discussions, it was decided we would come in for 18 just the one hearing and present our case to show how we could accomplish what we were trying to do 19 just through one hearing. BOARD MEMBER WEISMAN: I'd like to see if 20 I could summarize your essential approach to this. The creation of four larger approximately 21 similarly sized lots will not only preserve more of the natural topography and landscape because it 22 provides greater flexibility for siting buildings than on smaller lots, but it will also be more 23 conforming relative to other lot sizes in the neighborhood. 24 CHAIRWOMAN OLIVA: Jerry? BOARD MEMBER GOEHRINGER: I have no 25 comment at this time because I'm still understanding it. 1 March 2, 2006 63 1 2 CHAIRWOMAN OLIVA: Is there anyone in the audience that wishes to comment on this 3 application? Yes, sir. MR. AKSIN: My name is Raymond J. Aksin, I 4 live at 1800 Cedar Beach Road. I'm here representing my father, who lives there also, 5 Raymond Aksin. And the following people that were our neighbors and were unable to attend this 6 meeting because they're either on vacation or have other plans, Melanie Belkin, Frank and Marie 7 Lacarie, Brad Winston and Sandra Powers. We would request to have this appeal denied for the 8 following reasons: that all these people that live next to or within 200 feet of this property 9 subdivision will be directly affected by it were not all notified. That all affected current 10 landowners -- not previous landowners, that I believe has happened in at least one case -- be 11 given at least 30 days notice of such action, not the 10 days of this notice. To give you an 12 example, the notice was mailed out Friday the 17th; the notice was received Saturday afternoon 13 too late to go to the post office to sign for this. Sunday the post office is closed, Monday 14 was President's Day, post office was closed, Tuesday was the first day able to retrieve the 15 registered mail, that's February 21st. That left 10 days total for this hearing. So a lot of 16 people were unable to reply either in writing or in person. Also, on the file that 90 Cedar Beach 17 property dated 1927 or '26, this shows the General Wayne property as one lot, not two. The front 18 half may have a different zoning on it but no line divides this into two properties, so I can't see 19 how you can call it two lots. If it was a legal subdivision of two lots, be it noted that they are 20 both substandard in size and should not be subdivided again. 21 I'd like to read the following letter of Sandra Powers for the record because it sums up a 22 lot of the feelings of the people aforementioned, the neighbors. It says: "Dear Miss Oliva and 23 Members of the Zoning Board of Appeals, We are writing in response to a legal notice received by 24 our neighbors, Jay and Stella Aksin, wherein we are advised the Board of Appeals will hear all 25 persons and/or their representatives desiring to be heard at such hearing and/or desiring to submit March 2, 2006 64 1 2 written statements before the conclusion of each hearing. We are also submitting this written 3 statement in opposition to the proposal requested for a variance and change in zoning. We are also 4 advising you that Jay Aksin represents us in our opposition to our request in person at the 5 hearing. "We are property owners at 485 Breezy 6 Path, which abuts 485 Orchard Lane, in which we believe is within 200 feet of the General Wayne 7 property. We did not receive notice of the hearing in the mail, and we understand as is 8 requirement for a variance. " I'm not sure about that, but this is what they felt. This directly 9 affects them because they have to pass this every day on the way to their residence. "We 10 fortunately just saw the notice posted on an out building on the property on the side of Orchard 11 Lane, but not particularly conspicuously. We are not in favor of the change in zoning to provide 12 four lots instead of one as we understand it that it is in existence now. 13 "We purchased land there that was divided into three lots and then combined all of them due 14 to restrictions in order to build one house, and these were all waterfront lots. Why should this 15 developer be able to make four lots out of one or two? We have invested a lot of time, effort and 16 additional money to build within the rules that were in effect when we purchased. We were aware 17 of these when we purchased as we are sure the developer who purchased the General Wayne property 18 was aware of the zoning when he purchased. We . bought and built based on the known zoning 19 restrictions in place for the General Wayne property. This was after the current owner of the 20 General Wayne property bought it. "We value the reasons that Southold town ' 21 has two acre zoning and can see no reason for requesting change other than increased property. 22 The add ional housing would be environmentally stressed to the Small Point and Cedar Beach area, 23 and would increase traffic on Orchard Lane and Clearview Road by approximately 30 percent, which 24 can only be detrimental and in conflict for the purpose of the two acre zoning. The additional 25 housing would presumably increase the load on the school system. March 2, 2006 65 1 2 "We got a copy of the plan from the neighbor this weekend and added up the square 3 footage of the four proposed lots, each less than an acre which totals to 144, 701. This is not even 4 the 160, 000 square footage that is required for two acre sites. There is a new project underway 5 on North Bayview Road within less than two miles of this location called Bayview Gardens, which is 6 being done within the two acre restriction. We cannot perceive any reason Dan, the developer of 7 the General Wayne property, should receive preferential treatment over that one. By the same 8 measure, the development of Bayview Gardens would have to be building 11 houses instead of the 9 allowed five, quite a difference environmentally and aesthetically. 10 "In our opinion, allowing any more than approved zoning would set a bad precedent for 11 current and future development in our area of Southold town. This is a voracious and litigious 12 society that we live in and we think that the Town's future would be filled with developer's 13 lawsuits should they be denied equal treatment when requesting variances. 14 "We moved to Southold town because of its open spaces. We love Southold town because of its 15 open spaces, and we hope that the Zoning Board values this rare asset as much or more than we do. 16 In a town that wisely preserves its open spacing by buying the development rights of large tracts 17 of land it would be counterproductive to turn around and increase development in other areas. 18 "We submit that the request for the ' variance be denied or in the very least, that the 19 hearing be rescheduled to a more appropriate time of the year when residents are actually in town 20 and have received notices of hearing. We should be aware of at least one of our neighbors, the 21 Powers, are not able to attend because they are in Florida. We aren't able to attend due to untimely 22 lack of notices. " They would like to thank you for your 23 efforts in keeping Southold beautiful. It's signed Sandra Powers and Brad Winston. 24 Also, one point I would like to make, I own a lot that's over four acres and it's within 25 200 yards of the General Wayne property. I was considering only one house, but if they can get March 2, 2006 66 1 2 four, why shouldn't I get four? CHAIRWOMAN OLIVA: Thank you. 3 BOARD SECY. KOWALSKI: Would you be able to give us a signed letter that you were reading? 4 MR. AKSIN: Yes. I can give you this one. BOARD SECY. KOWALSKI: Maybe we have it 5 already. CHAIRWOMAN OLIVA: Is there anyone else 6 that would like to speak? MS. ST. JOHN: My name is Mickey St. John, 7 and I'm here to represent the Angel Shores Homeowners Association. I have a letter here, I 8 don't know if you have it from Jim Federal to Mrs. Moore. I also have a copy of that 1926 map that 9 everybody is speaking about. I don't know if you would like to see that; it looks like one lot. 10 And I have a copy of the deed describing, they don't refer to it as the reserved area on that 11 map, but if you would like to look at that, of course it's a very old map, and this is in 12 question where they showed the Cedar Beach Inn within the reserved area. And that is a lot of 13 reserved area lot on the filed map. I'm just here to say that the Angel Shores 14 Homeowners Association does oppose the four lot subdivision, if it was two or even three, we would 15 love to see a high end subdivision there, but of course, the four lot subdivision doesn't meet with 16 code. The other thing I don't understand, they keep saying how they own half the street, that is 17 the case but whether or not they can consider that part of their property, on the tax map they do, 18 but I see only in the deed there's a meets and bounds description which goes along that dotted ' 19 line and doesn't take in half the street. I don't know if you can see that on the map, the meets and 20 bounds goes all the way around, and I don't think you can block off all these lots from using that 21 without an abandonment. So that's the other concern I would have. Now maybe there is an 22 abandonment that I don't know of, and maybe it was turned up in I think it's First American Title 23 report. Again, I would agree with Mr. Aksin as far 24 as everything he said about Southold town, we are a historic district. Again, I am not opposed to 25 building there, but just not so many buildings in ' that area. Thank you for your time. March 2, 2006 67 1 2 CHAIRWOMAN OLIVA: Thank you. Yes, sir. MR. KINSKY: Good afternoon, my name is 3 Fletcher Kinsky, and I live at 720 Orchard Lane. I came from Connecticut with a nice speech 4 prepared but after hearing Mr. Aksin talk this afternoon, I think all I have to do is say that I 5 am in total agreement with what he has said. Thank you very much. 6 CHAIRWOMAN OLIVA: Is there someone else who would like to speak? Yes, sir. 7 MR. WISMAN: My name is John Wisman, I live at 650 Orchard Lane and I am here at the 8 request of my immediate neighbors, the name of Perry, they live directly in back of the inn, and 9 they are very much against these four houses. They would very much like to see three. Mr. Aksin 10 said almost everything I would like to say. I must admit, I have mixed feelings. I have lived 11 there since 1957, and for 45 years the inn has either been a terrific nuisance or a terrific 12 eyesore. It's been dreadful living there, so I was glad to see it's going to become residential, 13 but I still would prefer to see three. If you walk in the immediate area, it seems like three 14 houses would be much more conforming than four. Even though many of those lots there were too 15 small and were built on, there's no sense on continuing to build on lots that are too small. 16 It has changed the area tremendously by people doing this. I have come to many meetings and have 17 actually signed some variances for neighbors and am sorry I did it because some of those people 18 were dishonest about what they were doing. The area, I originally decided to build 19 there because there were a lot of big lots, which many people bought and did cut them up, so it has 20 changed the area. Any more continuing doing that just deteriorates the whole thing down there. I'm 21 here because the family, my neighbors, asked me to come, they couldn't be here. They feel very 22 strongly since they were the ones the most immediately affected, they're directly in back of 23 the inn. Thank you. CHAIRWOMAN OLIVA: Thank you, Mr. Wisman. 24 MS. MOORE: You want to put in your file a copy of the deed and the title report that shows 25 the ownership. CHAIRWOMAN OLIVA: On Lots 1 and 2, Mrs. March 2, 2006 I� , 168 1 2 Moore, that was just for residential or other uses, what? 3 MS. MOORE: No. This proposal actually had us offering to covenant with the Town that 4 this would be for single-family dwelling only. So we were, again, we were willing to voluntarily 5 give up rights that the owner has. There was no efforts to change of zone. The maximum 6 development of this property as Tom has mentioned is in the Hamlet Business zoning or six units. 7 So, he was willing to covenant that it would be single-family dwelling if the town on its own 8 motion later re-zoned it to one acre, there would be pre-existing non-conforming lots, or it could 9 stay the way it is because it wouldn't matter the covenants were already imposed on the property 10 voluntarily upzoning this piece. So the community would benefit by as Mr. Wisman mentioned, you 11 would be eliminating a very heavy existing commercial use, and voluntarily giving up the 12 potential for a multitude of very intensive commercial uses. You could do all kinds of things 13 here as you know from Hamlet Business, from retail to car, bowling alleys, the whole use of permitted 14 uses in Hamlet Business. So the proposal that we offered through 15 this Board through two variances was to create evenly, well-developed, nice parcels that would 16 preserve in particular the area that we have as Hamlet Business with the three lots that would as 17 of right be able to be developed, would require us to eliminate four or five beautiful 100 year old 18 trees. So this plan we thought was a very good alternative and something the community should 19 embrace. He is giving up a great deal of economic value in a Hamlet Business zoned parcel. But you 20 weigh the benefits and certainly the homes he can build here are going to be valuable on their own. 21 CHAIRWOMAN OLIVA: On the other hand, Mrs. Moore, even if it were Hamlet Business, he would 22 have probably a great deal of trouble trying to get Health Department approval for those more -- 23 MR. CRAMER: No. In this area we're required 20, 000 square foot lot size. 24 CHAIRWOMAN OLIVA: I understand that. MS. MOORE: You have public water. 25 CHAIRWOMAN OLIVA: I know you have public water, but I think you would find some difficulty. 2 March 2, 2006 69 1 2 MS. MOORE: But you also have a restaurant sanitary system with historic use there that has a 3 great deal of -- CHAIRWOMAN OLIVA: For one lot. 4 MR. CRAMER: For one lot if we were looking to bring in another commercial facility. 5 We would have no problem at all, and we discussed this with the Health Department already for doing 6 three 20, 000 square foot lots and one large lot also. We have also discussed the possibility of 7 doing six units, one multi-family on the HB, and even those six lots with the single-family house 8 on the AC portion of it, we would still be able to accomplish that since we have public water and the 9 overall density would be less than 20, 000 square feet. So we would be able to do multi-family as 10 well as an additional single-family house and still conform. 11 CHAIRWOMAN OLIVA: Still comply with your cesspools? 12 MR. CRAMER: Still comply with the cesspool requirement. Again, it's 20, 000 square 13 foot density overall. ASST. TOWN ATTY. CORCORAN: Still need a 14 variance on that other single-family home. MR. CRAMER: However, we would be able to 15 conform to the Health Department. BOARD MEMBER SIMON: So you're saying if 16 you were to build say six houses on Hamlet Business District that your client would stand to 17 make more money? MR. CRAMER: It wouldn't be six houses, it 18 would be six multi-family units. BOARD MEMBER SIMON: They wouldn't have to 19 be multi-family units, they could be single-family. Hamlet Business doesn't say it has 20 to be -- MS. MOORE: Row house, townhouse, 21 multi-family. ASST. TOWN ATTY. CORCORAN: You can only 22 have one detached house per lot. BOARD MEMBER SIMON: So there could be six 23 one-family houses as well as six two-family houses. 24 MS. MOORE: No. They have to be attached. BOARD MEMBER SIMON: On Hamlet Business? 25 MR. CRAMER: Yes. We could have three 20, 000 square foot lots, or if we attach them we March 2, 2006 70 1 2 could have six units. MS. MOORE: With a 30 or 40 percent lot 3 coverage. BOARD MEMBER SIMON: In any case, you're 4 saying that would clearly make more money for your client and his reason for not wanting to go that 5 way is he loves the environment of Southold; is that it? 6 MS. MOORE: He lives here. He used to live actually across the street. When he bought 7 this property, he was one of the property owners on Orchard Street. 8 MR. CRAMER: And he's spent a lot of time and money trying to preserve the existing trees. 9 He's had tree surgeons there maintaining the historic trees on the site. I 've seen some of the 10 other properties he's developed in the area, and he's taken a great deal of concern and a great 11 deal of respect for the area and the character of the area. There were a couple things mentioned 12 here, talked about two lots, this is only one lot, there's two zonings, as I'm sure the Board's 13 aware. A lot of the people in the area, particularly like Angel Shores, most of those lots 14 are smaller than what we're proposing. CHAIRWOMAN OLIVA: But that's a clustered 15 subdivision too. MS. MOORE: Yes, and I was the attorney on 16 that one. And that took actually 15 years to develop because of opposition. And it was at one 17 acre zoning. So the lots are clustered because the Planning Board chose to do it the way they 18 did. But those lots are based on one-acre zoning. MR. CRAMER: And it's the house developed 19 that's the character of the area. MS. MOORE: I also wanted to put in your 20 file. I had gotten the letters from the neighbors, and what I did I attached the tax map 21 to describe for you and for the file the area that they are living in, the area and how it's 22 developed. You have Cedar Beach, which obviously has very small lots, I think most of them are less 23 than an acre. Many of them are impacted by wetlands and those limitations. There was also 24 the letter sent by Mr. Licari and also -- I'm sorry, Winston and Powers. I noticed Winston and 25 Powers, yes, they did have to combine some parcels, but I know because I tried to do I March 2, 2006 71 1 2 development for clients along Dryatt's Basin, and those lots are significantly impacted by wetlands 3 and most of these lots have about 50 to 75 percent of the lots that are covered in wetlands. So 4 those are very difficult to develop and while the lots, as the tax map shows are of a certain size, 5 the actual development potential of them is very restricted. 6 Mr. Aksin himself had to come before this Board because I know I represented one of the 7 property owners that was going to buy one of the lots that you denied a waiver of merger because of 8 the environmental constraints of the one lot that my client was in contract to purchase. So this 9 area, the objections that are being made, in a sense, we're providing something that is much 10 larger, much more environmentally appropriate, and we hope that the Board will take that into 11 consideration in approving the area variances. We have the option, and we will put on the 12 table, the option of withdrawing the area variance for the two lots and do the three as of right 13 Hamlet Business parcels with the one request for an area variance on the one AC lot, which requires 14 the difference between 74, 376 and 80, 000; that's a very small area variance given the character of 15 the community and the size of the surrounding parcels. But again, we hope that you don't choose 16 that option, we'll do this as two steps because it really is not the best for the community. The 17 best plan development here would be four equally sized parcels, and Tom has already put on the 18 record the reasons for it. MR. AKSIN: I'd like to say that I don't 19 believe that two wrongs make a right. If it was wrong to do it before, you can't do it again. My 20 father has owned the property since the early '50s, family's been in Bayview since 1900. We 21 sacrificed to keep it the way we like it. I don't know if they're aware of this, several years ago 22 my father resisted but had to go to Town water because his well was all the way up on Orchard 23 Lane and it had saltwater intrusion. So I would suspect they have saltwater intrusion underneath 24 the General Wayne in large areas. I don't know how this is going to affect the septic system. 25 CHAIRWOMAN OLIVA: Thank you. Anyone else wish to comment on this application? If not, I'll March 2, 2006 72 1 2 make a motion to close the hearing and reserve decision until later. 3 (See minutes for resolution. ( MS. MOORE: If you would like a written 4 submission of Mr. Cramer's presentation? CHAIRWOMAN OLIVA: No, I think we heard 5 it. Thank you. Cen , 6 CHAIRWOMAN OLIVA: The next hearing is for Mr. liano on Duck Pond Road, in Cutchogue. Miss 7 Moor , I think you're up. MS. MOORE: Thank you. 8 CHAIRWOMAN OLIVA: I just want to say in the ou set that we're going to hold this hearing 9 open be ause we, the Board, have not received enough i formation from various people that we 10 want to et information from to make a concerted opinion. 11 MS •. MOORE: Why don't you reserve making that decisin when you have had all the experts 12 here. CHAI'WOMAN OLIVA: I don't care what 13 experts you ..ve here, Pat, the hearing is staying open because e have real grave concerns about 14 this whole are\,. That's it. MS. MOS`E: That's your decision. Keeping 15 in mind your de ision to hold it open certainly impacts our the Flan because you're jeopardizing 16 the stability of tke property. We appreciate the fact that you all. ped us to come before this Board 17 right away so we do``,appreciate that because, as you know, we had a .1,iilding permit and they 18 started constructio ,whether or not whatever, nobody's going to pont fingers, but they have 19 already started the work, and we are very carefully trying not t.1lose the property. We 20 have a very valuable property here. CHAIRWOMAN OLIVA•\ As you said, two wrongs 21 don't make a right. MS. MOORE: I did lt say that, somebody 22 else said that. CHAIRWOMAN OLIVA: Ail right, continue. 23 MS. MOORE: As I stated, we do have Trustees, Health Department, D.0 determination and 24 we had a building permit. The :uilding permit, as we all know, was issued in error, and that's when 25 the work stopped. In fact, the Bu'' lding Department offered to have us put s• e of the March -2, 2006 84 1 2 CERTIFICATION 3 I, Florence V. Wiles, Notary Public for the 4 State of New York, do hereby certify: THAT the within transcript is a true record of 5 the testimony given. I further certify that I am not related by 6 blood or marriage, to any of the parties to this action; and 7 THAT I am in no way interested in the outcome of this matter. 8 IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of March, 2006. 9 10 11 12 Florence V. Wiles 13 14 15 16 17 18 19 20 21 22 23 24 25 March 2, 2006 PATRICIA C• MOORE ^ "" " i_ uY CIJ'C ,e .Ciyr .JCvny1^' JC-11,1,•C i . 51020 MAIN ROAD (Extra Fee) ❑Yes CERTIFIED SOUTHOLD NY 11971 2. Article Number 7192 6463 3110 0000 0386 .COMP TE_THIS' O'N+"DELIVERY A. igr, lure.�((OA r see or Agent) // I I II1II II1IIII III III II IIII B. eceived BP I r r , y: (Please I�,�� �`a7192 6463 3110 0000 2386 C.Date of Delivery it/ 04 \ y 1. Article Addressed To: D.Addressee'sAddress I't.'71',tr°addres,Usedb'''. d RICHARD W PERRY ?="+r •'.0 \'‘ Q- KIMBERLY PERRY ' l" 830 CLEARVIEW ROAD , Secondary Address/Suite I Apt I -•• •-- . -rrnt clearly) S O U T H O L D NY 11971 • Delivery Address "'•'..f, t„i 1 City State ZIP+4 Code t'le' am '•'4''i ' stir UNITED STATES POSTAL SERVICE 11 First-Class Mail Postage & Fees Paid USPS m L Permit No. G-10 0 0 RE: OLVASID REALTY LLC HEAR. PATRICIA C. MOORE 51020 MAIN ROAD 1 N SOUTHOLD NY 11971 7 n �111��111���1�11�111�111��111��� 0 a - - _ 4.Restricted Delivery? 3.Service Type f I PAIRTtiA C. MOORE,• 1020 ATN ROD , 1, 1 • •• ,(Extra Fee) Ell'es CERTIFIED , ".qSOUTHOLD NY i1971 ! ; "-t :! 2 Article Number 7-192 6463 3110 0000- 0287 ,COMPLETE .THIS SECTION ON ,DELIVERY A. Signature. (I:Addressee or OA!ent) "A11'11111 11111111 7 B. Received By: (Rease Prity Clear 6\A\01 ' 7.„3192 6463, 3110 0000 0287 C.Date of Delivery 1. ArticleAddressed To: 0 Co D.Addressee'sAddress(irDifferentFromAddressusedbySender) S HE11.4ErY•V-Z ELL EI FELD 9 REGAL COURT ST. ' dAMES NY 11780 Secondary Address I Suite/Apt I Floor(Please Print Clearly) 2 „ Delivery Address State ZIP+4 Code , UNITED STATES POSTAL SERVICE 111111 First-Class Mail ' Postage & Fees Paid USPS Permit No. G-10 CO 03 a RE: h�.V 451 PATRICIA C. MOORE 51020 MAIN ROAD SOUTHOLD NY 11971 l �IlIII!IIIIIIIllhIIIIIIIII!III r i m iii n itluiaiiueeittt)ititt+tiltttttntQiat titiilattteftn PATRICI-k C.' 'M0PRE 4. Restrictea ueuveryr 4.Jervice type 51020 MAIN ROAD (Extra Fee).❑Yes , ;CERTIFIED SOUTHOLD NY 119. 1: , 2. ArtIcle Number i 7192 6463 3110 0000 0317 ; COMPLETE„THIS;nSECTION:1tON•4'DEt(VERY, A. Signet (❑Addresso�❑ . . III Agent) II III 1I I II III IIIIII IIIIIII B. Rerd d By: (Ifflease,Pqat Clearly) 719E 6463 3110 0000 0 317 C.Date of Delivery 1. Article Addressed To: 2--)2 - ©( D.Addressee'sAddress(fDlforontFomAddrtuausodbysende4 FRANK F. LICARI & MARIA LICARI 31J c91' C hl/ 385 ORCHARD LANE PO BOX 261 Secondary6.....4.../eres /Suite I Apt IFI or(Please Print Clearly)33707, S O U T H O L D NY 11971 - Delivery Address City State ZIP+4 Code I UNITED STATES POSTAL SERVICE• ST :P wE E R'S,BU E"i->!F 4KkR1 US'S 23 F EB, 2006 PM yam-m" RE: OLVASID REALTY ZBA HEAR. PATRICIA C. MOORE 51020 MAIN ROAD SOUTHOLD NY 11971 coco 0 D 07, I111II111IIIII11I111I111II111III 0 a PATRICIA C• MOORE 4. rtestricteo ueuverye �.ocrnoe type 51020 MAIN ROAD (Extra Fee) Yes CERTIFIED SOUTHOLD NY 11971' 2. Article Number 7192 64-63 fl�00 0331 CQPL,ETE THIS'-S:ECTION ON DELIVERY A. Signature (❑Address or❑Agent) 11111t!I 1IIe II ,1 ` IB• Received By (Please Print Clearly) 7192 6463 � 0 C5,1,0 01 C.Date of Delivery 1. Article Addressed To: D.Addressee's Address(llollrsrentFismAddiessusedbysendot ANGEL SHORES H•0•A• INC. PO BOX 428 SOUTHOLD NY 11971 Secondary Address/Suite/Apt.I Floor(Please Print Clearly) Delivery Address City State ZIP+4 Code UNITED STATES POSTAL SERVICE 11 First-Class Mail Postage & Fees Paid USPS Permit No. G-10 a, a, 0 U 2 RE: OLVASID REALTY ZBA HEAR. PATRICIA C. MOORE 51020 MAIN ROAD ' m SOUTHOLD NY 11971 c) a m o • LL 0) a PATRICIA C. MOORE 4. Restricted Delivery? 3.Service Type 51020 MAIN ROAD (Extra Fee) El Yes CERTIFIED SOUTHOLD NY 11971 2. Article Number 7192 6463 a�ia=e i a`lat', 94• CO,M_P,L`ETEai HIS`:SECT)ON„'g4igE.P.K RY,'' ■ 'ddresse or❑Agent)XS19n� � j 9I ILII IIiiiiuiliiiiMI1IP • ii B. R-c/d By: (Please Print Clearly) 7192 6463 3iIL3ClOgeoffe9 C.Date of Delivery 1. Article Addressed To: D.Addressee'sAddress(fDmereetFmmAdd/essUsedbySender) RAYMOND J . A K S C I N & WIFE 1800 CEDAR BEACH ROAD SOUTHOLD NY 11971 Secondary Address/Suite/Apt /Floor(Please Print Clearly) Delivery Address City State ZIP+4 Code UNITED STATES POSTAL SERVICE 111111 First-Class Mail Postage & Fees Paid USPS o Permit No. G-10 co z RE: OLVASID REALTY ZBA HEARI E PATRICIA C. MOORE 51020 MAIN ROAD @ SOUTHOLD NY 11971 a 8 LL I111II111Ili1I11I111I111II111III i a '' epe3 4+dIZ e1e7s - Alto i '+ E 40 3 sseippy AJOMIOOto- SD I 9 06h90 13 .L80dH.lOOS3 '- 64.40 Wyd eseeld)Joel]/ tdy l sting)sseippy Nepuooes aVOJ (1808)0, 05 - N 11SNI1d3ID 'V VN-VONV8 8r I N S NI3'd 3I, GepuesdgpernrrappywajluaedlON)sseippys,eesselppd°a i :ol passaippy 91011it/ 'F (2/1 tv tiani ea {o a;ep•3 SSE0 0000 0`I`CE E9h9 26'C1Y! (dpea10 ;u.deseeld) �ePantaoaa s 11111111111 1 11111 I I 1111117- 7."- (aua5d,,,o ,.[asssi/.p.0) 41 le • !telJ'ii 34 3NO'NOIlO'.3S`S'IHi dWO, 55E0 0000 O` TE E9h9 2622. JagwnN elotuy z saA (aedepxa) }fit , ijs,.�'�r�`CS I a31d11�33 ,Q,lI4E t; Ilq, r adA1 oo)tiaS E LAJanHap papplsaa UNITED STATES POSTAL SERVICE First-Class Mail Postage & Fees Paid . USPS Permit No. G-10 Abp a gLI ' RE: OLVASID REALTY LLC HEAR. r= s PATRICIA C. MOORE 51020 MAIN ROAD SOUTHOLD NY 11971 p • �111��111���1�11�111�111��111��� 0. vt. a q b 4 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971-4616 Tel: (631) 765-4330 Fax: (631) 765-4643 February 28 , 2006 Southold Town Zoning Board of Appeals Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re : Olvasid Realty LLC Premises : 1275 Cedar Beach Road, Southold, NY SCTM # 1000-89-3-1 . 1 Hearing: Thursday, March 2 , 2006 at 3 : 05 pm Dear Ladies/Gentlemen: Enclosed please find the Affidavit of Sign Posting, and six Return Receipt cards for the above referenced matter. Also enclosed are copies of two certified mailings to neighbors that were returned to us by the Post Office . Very truly yours, Patricia C. Moore By: Margaret Rutkowski /mr Enols . . ' ` ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK x In the Matter of the Application of AFFIDAVIT OF OLVASID REALTY LLC SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-89-3-1.1 x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Patricia C. Moore, residing at 370 Terry's Road, Southold, New York 11971 being duly sworn, depose and say;that: On the f 1day of February, 2'006, I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be Thursday, March 2, 2006. -atricia C. Moore Sworn to before me this 02/J day of February, 2116 AAAl AV/ . on'. _ / - otary P 9 BETSY A PERKINS wry Public,State of New Yale No 01PE 6130636 I Ouelified in Suffolk County ^2 ny),3 Cornmission Expires July 18, G ! *near the entrance or driveway entrance of the property, as the area most visible to passersby. 0:4 PATRICIA C. MOOS �z si ry a ai Pk,3 11r-4404:.-041. Attorney at Law ��PmlesPosy 51020 Main Road * * } ea ®A 9 Southold,New York 11971 z 91 27 9 9 2 ®�, � PB8546765i1r� E 5 5 2 AILED FI20�A SOUTFYfFOLDEB M 17 7 '�06 _ _ _ 7192 6463 3110 0000 0300 ; £rr. PS Form 3800,6/02 /- GREGORY D'ASCOLI ',, ti DENISE FINNIGAN �:,144, `'�`'a. ,a 'f • 1301 DORSET DRIVE s4 o ` - i \.. r,WEB271006 3i. . ' � 2s :. - L TARRYTOWN-NYE* . '- p 3� _C �a,4 t% f" r' wax= - 1„rli,r,111,d.,iti,ri,„1di,i,rl,di,i,1„i„i„di,ri I Sender:I^T 4.Restricted Delivery? 3.Service Type i O PATRICIA C. MOORE 4, 4,4. m 51020 MAIN ROAD (Extra Fee) ElYes CERTIFIEDa$r2P ..o SOUTHOLD NY 11971 r ED N���q .? 0 2. Article Number 0 O 4.1«.',4,4* 4 o W 7192 6463 3110 0000 0300 vaitlsP1 I m CO10.0,tL.fpi.V.sE4GTIIDiv4,91 DELftVERiY', u�o c s �A�Signature: (❑Addressee or❑Agent) I IIIII1I UUIHIIIIUIIIIHUIIII ru B. Received By: (Please Print Clearly) 7192 6463 3110 0000 0300 r- • - • C.Date of Delivery 1. Article Addressed To: in o %- n D.Addressee's' rens(IfDlflerentFomAddiessUsedbySender) G RE G O R Y D r ASC 0 L I ci O DENISE FINNIGAN d .N V • d 1301 DORSET DRIVE LV Q Secondary Address I Suite I Apt.I Floor(Please Print Clearly) TA R R Y T O W N NY 10591 LA e3 0O ®3 o W , Delivery Address E2 o re E m a 1, City State ZIP+4 Code , - - r Vi ,`,.-,-,-,.-,e„ CERT%F/ED MAIL - PATRICIA C. MOORE '" Attorney at Law cp'tEs Posy. y 51020 Main Road * * (44."/ Southold,New York 11971 108 „ ;,, PB_8�546765 9291 $ 04© : ,;: 0 FEB 1`7-13e 8 5 5 &AILED FROM SOUTHOLD NY 1 1 9 7 1 7192 6463 3110 0000 0379 L _.__..._..._,__._—r_.._PS Form 3800,6/02 —_TM_ '_ LEECOLE CORP. PO BOX 10066 BRONX NY 10461 OA• 0 INSUFFICIENT ADDRESS �. ''� ,�,i ''' 0 0 ATTEMPTED NOT KNOWN 0 OTHER d AVO SUCH NUMBER/STREET 9t S NOT DELIVERABLE AS ADDRESSED \UNABLE TO FORWARD -- . + RETURN TO SENDER' • 1 Sende , PATRICIA C• MOORE 4.Res4ricted Delivery? 3.Service Type ' c : 51020 MAIN ROAD (Extra Fee) Yes CERTIRED ' e he' SOUTHOLD NY 11971 VW: a F. 2.Article Number I 7192 6463- 3110 "0000. 0379 Ta�oo eoow ;W' ;, • I ,'C,ON(PLETE"'THtS •SECT/QN•'QIN sbEL(•VERY• d�ae I . aNa ` n� A. Signature (DAddressee or DAgent) HIM III IMI IIIIIIIIII I I IIII III *At oN„� 6 _n B1, s ,p l D. Received By: (Please Print Clearly) 7192 6463 3110 0000 0379A. �j� C.Date of Delivery 1. Article Addressed To: 0 CI III 2 Oo f D.Addressee'sAddress(I/Dll/erentFremAddressUsedbySendor) LEE C O L E CORP. Z v, ' PO BOX 10066 ¢ BRONX NY 10461 V XUX 1 Secondary Address/Suite/Apt.I Floor(Please Print Clearly) ;,-,' W\ I eh pCCFM Delivery Address • + City State ZIP+4 Code OFFICE OF ZONING BOARD OF APPEALS Office Location: North Fork Bank Building—First Floor, 54375 Main Road at Youngs Avenue Mailing Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net Email: Linda.Kowalski a(�Town.Southold.ny.us Jayne.Martin(c�Town.Southold.ny.us r' (631) 765-1809 (ext. 5012 or 5011 during recording) office fax (631) 765-9064 VIA FAX MEMO • TO: 1 "9p DATE: o2. l D RE: a IL)._ � /.01 ) 4 ' PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel:(516)765-4330 Fax':(516)765-4643 February 17, 2006 Attn: Linda Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: OLVASID REALTY SCTM# 1000-89-31'� Hearing Date: 7CH 2, 2006 Dear Chairman: With reference to the above, enclosed please Affidavit of Mailing with my cover letter to the neighbors . I am also enclosing the Certified mail receipts . Thank you. Ver./truly y rs, / ,PATRI . •OORE ( By Bet., Perkins, LA bp Encls . s 6 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK x In the Matter of the Application of AFFIDAVIT OLVASID REALTY LLC OF (Name of Applicant) MAILINGS CTM Parcel #1000-89-3-1.1 x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the 17th day of February, 2006, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. _,-., /_ Signature) '' //BETSYPE4S Sworn to before me this l°77-11 day of February, 2006 ( otary Public) MAR Pu oic.,State off Ne Notary No. 4982528 OualMed In Suffolk County, Commission res June 8.„ ,:7 PLEASE list, on me back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. ( OLVASID REALTY LLC MAILING LIST SCTM: 1000-89-3-1.1 SHELBY S. BLEIFELD , FRANK E. CIEPLINSKI JR 9 REGAL COURT BARBARA A. CIEPLINSKI ST. JAMES NY 11780 50 OXFORD ROAD SCTM: 1000-89-3-5.1 SOUTHPORT CT 06490 SCTM: 1000-89-3-11.2 RAYMOND J. AKSCIN & WIFE 1800 CEDAR BEACH ROAD SOUTHOLD NY 11971 THOMAS M. FITZPATRICK No LtL,L& SCTM: 1000-89-2-5.1 JULIA GULYAYEVA ' 447 EAST 14T" STREET APT 7A NEW YORK NY 10009 upscg..;"( GREGORY D'ASCOLI SCTM: 1000-89-3-11.3 DENISE FINNIGAN 1301 DORSET DRIVE TARRYTOWN NY 10591 LEECOLE CORP. SCTM: 1000-89-2-5.2 PO BOX 10066 160'ke BRONX NY 10461 IPJ Ste' SCTM: 1000-89-3-11.4 FRANK F. LICARI & MARIA LICARI .).1�5/ 385 ORCHARD LANE PO BOX 261 \ RICHARD W PERRY —SOUTHOLD NY 11971 KIMBERLY PERRY ' SCTM: 1000-89-2-6 830 CLEARVIEW ROAD '' ° SOUTHOLD NY 11971 SCTM: 89-3-11.5 ANNE STEINBUGLER & STEINBUGLAR OTHERS N 173 HICKS STREET, APT. 6C BROOKLYN NY 11201 SCTM: 1000-89-1-5.1 ANGEL SHORES H.O.A. INC. PO BOX 428 SOUTHOLD NY 11971 SCTM: 1000-88-6-13.55 plo FRANK JAMES GREGORY & 0 .0 5" GREGORY ANO. 101 PINE STREET 1 BOONTON NJ 07005 SCTM: 1000-90-4-1 REr'io r f RECEIPT 00 0294 1 r- 11 1 RECEIPT I RECEIPT I •7192 6463 3110 0000 0287 7192 6463 l 7192 6463 3110 0000 0300 7192 6463 3110 0000 0317 FROM FROM FROM. I FROM I Patricia C Moore I Patricia C Moore Patricia C Moore Patricia C Moore RE RE OLVASID REALTY ZBA HE RE OLVASID REALTY ZBA Ht I RE OLVASID REALTY ZBA HE I ' \ I SEND TO SEND TO. SEND TO I I RAYMOND J AKSCIN&WIFE I SEND TO SHELBY S BLEIFELD i GREGORY D'ASCOLI 9 REGAL COURT 1800 CEDAR BEACH ROAD DENISE FINNIGAN FRANK F LICARI&MARIA LIC ST JAMES NY 11780 SOUTHOLD NY 11971 f 1301 DORSET DRIVE I I 385 ORCHARD LANE I TARRYTOWN NY 10591 I PO BOX 261 ' \ I SOUTHOLD NY 11971 I FEES FEES `� I FEES 039 I I FEES I Posta+ 39 Postage I post ge Postage �O129 C: ieQ � 2 40 Wilted Fee 2 40 I Cettfied Fee^ 2 40 I 2 40 C fled Fee et r•eecel 1 85 -.'f 4eSt( 2'P 1 85 ,/\ I Re t \clip 41 85 I ,^f,"RetuMI eceipt * Y 1 85 I =:•'acted `C y, .` 454 \ I,' j �q ' 5 bU a! 00 \ T „ ® POSTMARK O T °o STMA' OR AT `� - T �.�ST K 7E ' P I U ,I� I,_ ,, ® OSTFs: K se,9 14- _y 0 s--- 12, ' , RECEIPT I I RECEIPT RECEIPT I 7192 6463 31 01 0 00 0324 'I 7192 6463 3110 0000 0331 7192 6463 3110 0000 0348 I ' 7192 6463 3110 0000 0355 fl FROM' I FROM I FROM FROM. Patricia C Moore Patricia C Moore ' Patricia C Moore Patricia C Moore RE OLVASID REALTY ZBA HE RE OLVASID REALTY ZBA HE RE OLVASID REALTY ZBA HE I � I RE OLVASID REALTY LLC HE, I I ' I I I SEND TO: ! SEND TO' 1 SEND TO. I ANGEL SHORES H O A INC 1 I ' SEND TO' ANNE STEINBUGLER&STEIN Is FRANK JAMES GREGORY&G FRANK E CIEPLINSKI JR 173 HICKS STREET,APT 6CI PO BOX 428 i 101 PINE STREET BARBARA A CIEPLINSKI 1 BROOKLYN NY 11201 SOUTHOLD NY 11971 I BOONTON NJ 07005 I 50 OXFORD ROAD .I I SOUTHPORT CT 06490 FEES ����qq FEES � f FEES �p� FEES' Postage '(.13 g Postage 119...3 •F}39• Postage '`T U 36 Postage 'CO 16'99' CertrtYe t Fee 2 40 Certified Fee 2 40 I Certified Fee 2 40 Certified Fee ' 2 40 ketur ecei 'v 1 85 Return Receipt 1 85 I Return Receipt 1 85 Return R,ece1i ” "•bL85 �e rt ia��g?I t Restricted I Reetnnte't % Restncf�d p TO fA �' 1 TO 1/977 I TOTAL g Y; �� •MA G7R D TEIre I fig- ARfOD PO• RK OD• , OSTM O D E �A 4:,' 11. ' (,:.../ /..,. I C) A C.'' '''"-- Ci) : ....,t) e ,,,,4,,_ , , , c,, ,...,c, , ...,.,... ..., ,, 1 4. ,, ,,,.,.., ..„, , 1/4„, i ,,, ,, ),., , , . ss.,, — „..., , L ___ _ _ ___ ___ _.! V. . 41-___ ...N.' _ _ j .___ _ -f% _ ___-‘, I ()_0_ — ; j 1 RECEIPT I RECEIPT RECEIPT 7192 6463 3110 0000 0379 I 7192 6463 3110 0000 0386 } 7192 6463 3110 0000 0362 FROM' FROM. FROM. Patricia C Moorepatncia C Moore Patricia C Moore I RE OLVASID REALTY LLC HE, RE OLVASID REALTY LLC HE. RE OLVASID REALTY LLC HE, I •SEND TO. SEND TO LEECOLE CORP SEND TO 1 THOMAS M FITZPATRICK PO BOX 10066 RICHARD W PERRY JULIA GULYAYEVABRONX NY 10461 KIMBERLY PERRY 4 447 EAST 14TH STREET APT i 830 CLEARVIEW ROAD r NEW YORK NY 10009 SOUTHOLD NY 11971 I FEES: FEES: 1 FEES: I Postage r��,_O ag p 3� ' I Postage (�j Postage —0'39' Certified Fee _ 40 2 40 Certified Fee 2 40 Return Receipt ' ' 1 85 I Certified Fee Return Rece t 1 85 estri,c�d� i ,.Return RFeeipN 1 85 �/. ed .,IYes e ���'�' $4:4-°6 7O F� � r $ .r4. '1 p �$�48, R P STMAR}C O Alto 0 POST'cc-VT RK`o,R€17DA fQQr TMA, AOR ►�•T _J( I I Z'\ ®- • , c ® Co ..)1)-7 )0(0 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF.HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net February 8, 2006 Re: Town Code Chapter 58 — Public Notices for Thursday, March 2, 2006 Hearings Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before February 18th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability and to confirm this in either a written statement, or at the hearing, with the returned letter. AND not later than February 22nd: please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board at the hearing and return it when available. These will be kept in the permanent record as proof of all Notices. 2) Not Later Than February 22nd: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for at least seven (7) days and posted till the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver your Affidavit of Posting during the meeting, or mail it to us before the hearing date. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours-, Zoning Appeals Board and Staff Ends. , NCiTIcE yr HEARIuK, The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold: . ' AME : OLVASID REALTY LLC #5828 MAP #: 89-3- 1 . 1 APPEAL : Variances: Insufficient Lot Size REQUEST: Create Four-Lot Subdivision DATE : THURS . , MAR. 2 , 3 : 05 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . TONING BOARD-TOWN OF SOUTHOLD 765- 1809 $U(/p�; APPEALS BOARD MEMBEL,___/ � �01/��F - - Mailing Address: $ tSouthold Town Hall Ruth D. Oliva, Chairwoman 110 Gerard P. Goehringer 53095 Main Road•P.O. Box 1179 z Southold,NY 11971-0959 James Dinizio,Jr. t N . G cc t� Office Location: Michael A. Simon , ,,&',. Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman =- °MEI\\V-11°- , \V d°� 54375 Main Road(at Youngs Avenue) fog Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809•Fax(631) 765-9064 TOWN MEMO TO: Planning Board FROM: Ruth D. Oliva, ZBA Chairwoman DATE: February 3, 2006 SUBJECT: Request for Comments Our Department has received and is reviewing the following application, and enclose copies of the Building Department's Notice of Disapproval, and application with the applicant's latest map. The Planning Board is involved under the subdivision review steps under Chapter 100 (Zoning), and your review and comments are requested at this time concerning the creation of a second lot in the AC Zone on less than 160,000 sq. ft. The file is available for review of additional documentation at your convenience. NAME TAX#/ ZBA BD NOD VARIANCE PLANS PREPARER ZONE DATE DATE STAMPED ,OLVASID 89-3-1.1 5828 12/9/05 Four-Lot 5/05 and Destin G. REALTY LLC HB and Subdivision 11/05 Graff, Land AC Surveyor Your comments are appreciated by 01/25/05, if possible. Thank you. Encls. if OFFICE OF ZONING BOARD OF APPEALS Office Location: North Fork Bank Building-First Floor, 54375 Main Road at Youngs Avenue Mailing address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net Email: Linda.KowalskiaTown.Southold.nv.us Jayne.MartinaTown.Southold.ny.us (631) 765-1809 (ext. 5012 or 5011 during recording) fax (631) 765-9064 TRANSMITTAL SHEET v TO: ela P )?L 0 i DATE: /d_/ /`f /05 1- /.2414. /.24t4 /-er RE: / em ) /22 ij-l& C 414. 8I&t CLQ Az/r z. s- ec Riot;/ !.L9 11 0? MESSAGE: ( ) Correspondence or ( ) document attached related to the above for your information et,o ,X1.1 � .11 r ' ��a.�.G 5-ez4 ,/,;) ax a ff2A4,1 Of- a,4 '4 -C ?,eri �La.A.u� 0 a-/, ,rte 1/1656-y.0). a/A-4 .019,A4,1_ &ay //t-L, erb a41.) cCe�.��s y-eld .. d4 )-e- AL-1;""v-s). - 0)4-72-6-0P-dLa_ Thank you. cr,,t._ .1 , QGt.� do /a-/VOCB • Pages attached:--b '' ice , -II .'i! 11'6 1.'1 - Town of L Southo_..l.d.RZBA_ e : t 1 _ _ . . 0 App. Name 0 Tax°Ma 0 File No.. ❑ IISEQRA Board Member . Gerard P. Goehringer II:* _ii i.❑ Unliste , ` a:_ - , _ , Search: r : i 1 Other Hearing Time: ,118:41 PM ,. - - I Fimber:15828 11 Tax-Map:,89.-3-1.1 'App'. Name: JOlvasid Realty LLC - jI Received Date: J/15 /2005 Tot:'Fees: 10$6,00.00 j Hamlet )Southold 1-Type _1 Zone JA-C j. , Date'forwarded to Town Clerk„ 005 '; Status New Action i( Meeting_Dates' ' Building Dept., Location 11275 Cedar Beach Road ill Meeting Date 1 ND Date J2/9/2005 !Short -' Four-lot subdivision; 100-32 requires 80,000 sq. ft. Hearing Date ND.Date F Desc. ; for each lot; lots 3 and 4 will be non-conforming ! .Hearing-Date 1 ND-Date._I_ j!` .r'. copy. 1 !,1. Hearing bate ' -ND`Date !, „ Hearing Date ND Date r i Notes . Hearing Date ND Date 1 Action=Date: J ND Date, ) fi ,„ 12 19 20o5a 12:28 PM,' CAPS NUMjV 4 w Developed by the Soutihold•Town.Daia Processing Department]