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Home My WebLink About1000-78.-7-5.3 (2) . . . PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 20, 2003 Thomas Wolpert, P.E. 400 Ostrander Avenue Riverhead, NY 1190 I Re: Town of Southold Moratorium Major and Minor Subdivisious Minor Subdivision Baxter, Mark SCTM# 1000-78-7-3 & 5.4 Dear Mr. Wolpert: As you are the agent for the above application please be advised that a Local Law was adopted at the regular meeting of the Southold Town Board on August 13,2002 and extended as filed on February 10, 2003 entitled "Local Law to a Temporary Moratorium on Processing, Review of, and making decisions on applications for Major Subdivisions, Minor Subdivisions and Special Use Permits containing Dwelling Units in the Town of Southold". The Local Law states that the Planning Board Office "shall not accept, review continue review, hold hearing or make any decision upon any application for a subdivision, whether that subdivision application was submitted prior to or after the effective date of this law" for a duration of six months beginning August 13, 2002. The application was submitted as a set-off on August 22, 2002. On October I, 2002 the Planning Board ruled that the application was a minor subdivision and is therefore subject to the moratorium. Based upon such the Plarming Board is returning the application and all associated fees to you. .If you have any questions please do not hesitate to contact my office at 631-765-1938. Sincerely, ~(])~~r. Bennett Orlowski Jr. @/' Chairman Ene. Cc: Josh Horton, Supervisor Town Board Planning Board Greg Yakaboski, Town Attorney Pat Finnegan, Assistant Town Attorney . . ~ LAW OFFICES BRUCE KENNEDY, P.C. 31 GREENE A VENUE, AMITYVILLE, NY 11701-0545 P.O. Box 545 TEL: (631) 691-0100 FAX: (631) 691-1029 e-mail: bkennedypc@aol.com BRUCE KENNEDY GLENN T. NUGENT KAREN GIERIE NEWMAN MARIE IODICE LEGAL ASSISTANTS October 23, 2002 Planning Board Town of South old Town Hall PO Box 1179 Southold, !\IY 11971-0959 Attn: Mark Terry Re: Set-off application of Mark Baxter Prem: 5805 Main Bayview Road, Southold Dear Mr. Terry: This office represents Mark Baxter and reference is made to your letter of October 1, 2002 addressed to Thomas C. Wolpert, P.E., the surveyor for the captioned applicant. Please be advised that we have reviewed the applicable provision of the Code of the Town of Southold regarding the definition of subdivision and set-offs and do not find anything therein which requires that a set-off application involve a parcel which is further subdividable after the set-off has been granted. This office is aware that apparently the Planning Board is either considering or has adopted a policy requiring that a set-off application involve a parcel which is further subdividable. However, there does not appear to be any basis for that policy in the applicable provision of the Southold Town Code. Consequently, it is the position of our client that his set-off application should be entertained as presented and is not subject to any iilordtoriucn on subdivisions. Please review this matter with the town attorney and advise. Very truly yours, Bruce Kennedy, P.C. BK:nw ()~...,. r;:r "1;" lJl:![ ~". dllJ;. . . / PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO ~LL~J.CREMERS KENNETH L. EDWARDS MARTIN SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 1, 2002 Thomas C. Wolpert, P.E. Young & Young 400 Ostrander Avenue Riverhead, New York 11901 Re: Mark Baxter SCTM# 1000-78-7-5.3 & 5.4 Dear Mr. Wolpert: The Planning Board has reviewed the above referenced application at the September 30, 2002 worksession and has determined that the application type is a minor subdivision and not a set-off as submitted. Consequently, the application is subject to the moratorium and on major and minor subdivisions. I have enclosed the Planning Board policy defining a minor subdivision and a set-offfor future reference. If you have any questions please give me a call at 765-1938 extension 243. Sincerely, Enc. . . Set-Off Applications: The purpose of the set-off application was to allow property owners to set-off an existing residential structure from the remainder of the land. Therefore, only the creation of a conforming lot, with an existing residential structure, from a larger, further subdividable and vacant parcel is considered a set-off. The set-off lot may be clustered to a smaller lot area than required by the zoning district provided the density of the remaining subdivided lot is constrained by Covenants and Restrictions from including the acreage attributed to the smaller lot as part of the overall subdividable acreage. A set-off application follows the same process as a minor subdivision application. Only one set-off is permitted per parcel. Further subdivision of the larger parcel will be treated as a minor or major subdivision application. The division of any property into two conforming lots neither of which can be further subdivided, with or without existing structures, is a minor subdivision, not a set-off. The division of any property into one or two non-conforming lots (assuming Zoning Board of Appeal approval), with or without existing structures, is a minor subdivision, not a set-off. The division of any property into conforming or non-conforming lots where both parcels are vacant is a minor subdivision, not a set-off. DQJ~0T ,- YOUNG & YOUNG 400 Ostrander Avenue Riverhead, New York 11901 . . Telephone (631) 727-2303 Facsimile (631) 727-0144 admin@youngengineering.com HOWARD W. YOUNG, Land Surveyor THOMAS C. WOLPERT, Professional Engineer ROBERT C. TAST, Architect August 21, 2002 - Town of Southold Planning Board Office Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 Cf{ :ft 9'7 1J :;(50 //0 Vrf?AuJE r<-- RE: MARK BAXTER at Bayview, TIO Southold, New York (02-0266) S.C.T.M. No.: 1000-78-7-5.3 & 5.4 '-,..:",- ", AH(\ ')~) ~"'c:-'7 hvlJ id '-' - ..'-- Dear Sir or Madam: C"~J~+~'l'J"":dT" .; _.,,:' '../' c,;_ I;,.j, .' ~ > 'H Enclosed are the following items: r'_ '':-.,----- .....il f '.,...'""....~ ....-v.... 1. application fee - applicant's check no. 97 payable to "Town of Southold" in the amount of Two Hundred Fifty Dollars ($250.00); 2. one (1) - Subdivision Application Form; 3. one (1) - Authorization Letter; 4. one (1) copy - Property Deed; 5. one (1) - Short Environmental Assessment Form; 6. one (1) - Applicant Transactional Disclosure Form; and 7. eight (8) prints - Set-Off Map last dated July 29, 2002. If you have any questions regarding this application, please contact us. Very truly yours, !//l-rmt:<<J L'. Pl/{7p-c~t; Thomas C. Wolpert, P.E. TCW/sjt Enc!. cc: Mr. Mark Baxter + Enc!. + 1 Print Planning Engineering Land Surveying Architecture LASER FICHE FOR SUBDIVISIONS .---... ~ - Proiect Tvpe: Minor Status: Returned SCTM #: 1000 - 78.-7-5.3 Proiect Name: Baxter. Mark (Returned) Location: Located at 5805 Main Bawiew Road. Southold Hamlet: Southold Applicant Name: Mark Baxter Owner Name: Mark & Jacaueline Baxter Zone 1: R-40 Approval Date: IV/It PLAT Sianed Date: /'fIR SCANNED 1':........ Records Management A date indicates that we have received the related information OPTIONAL ADDITIONAL INFORMATION Zone 2: Zone 3: C and R's : Homeowners Association: Rand M Aareement: Address: County Filina Date: SCAN Date: