HomeMy WebLinkAbout1000-23.-1-14.7PLANNING BOARD MEM
BENNETT ORLOWSKI, JR.
Chairman
WILLIAM J. CREMERS
KENNETH L. EDWARDS
GEORGE RITCHIE LATHAM, JB.
RICHARD CAGGIANO
Town Hall, 53095 State Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1938
Fax (531) 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
April 17, 2001
Patricia Moore, Esq.
51020 Main Road
Southold, NY 11971
RE: Proposed Minor Subdivision of Constantine Ioannou
SCTM # 1000-23-1-14.7, 1000-23-2-5.6
Dear Ms. Moore:
The following resolution was adopted at a meeting of the Southold Town Planning
Board on Monday, April 16, 2001:
WHEREAS, this application is for a minor subdivision of 3 lots on 6.8 acres on Main
Road (State Route 25), between Orient Harbor and Long Island Sound in East Marion;
and
WHEREAS, this property is Lot Number 7 of the Brionngloid-by-the-Sea Subdivision,
which was filed in the Office of the County Clerk on August 22, 1978; and
WHEREAS, at public meetings on June 6, 1977, and July 18, 1977, the Planning Board
passed resolutions specifying that Covenants and Restrictions should be prepared
forbidding the resubdivision of any lot; and
WHEREAS, at a public hearing on the subdivision on June 27, 1977, the Planning
Board Chairman stated that: "We will tie down this property, the heirs and so forth, so it
cannot be resubdivided at some future time. This is our intent and we want to be very
clear about it and include Lot Number 7. We have said this but I want it to come out in
the hearing;" and
WHEREAS, the applicant replied, "Didn't we do that? We agreed to that before," and
the attorney later replied, "If the Board wishes, I will have the owner of Lot 7 sign
Covenants and Restrictions and have them filed with the Board;" be it therefore
Constantine Ioannou - PaRe Two - 4/17/01
RESOLVED, that the Southold Town Planning Board deny the subdivision application of
Constantine Ioannou, on the basis that the parcel cannot be further subdivided.
Please contact this office if you have any questions regarding the above.
Very,~¢,~,~ ~A~¢f~-,truly yours, ,
Bennett Orlowski, Jr.
Chairman
SCTM~ I000' ~ -- IN
l" MINOR SUBDIVISION (NO ROAD)
mpletCapOlic,~tion receive, d, /
Application reviewed at ~o~'~sion
Applicant advised of necessary revisions
ACRES LOCATED ON
Revised sub mission received
Sketch plan approval
-with conditions
Lead Agent7 Coordination
SEQRA determination
Sent to Fire Commissioner
Receipt of fL~ewe~l location
Notification to applicant to include on final map _
Sent to County Planning Commission
Receipt of County Report
Review of S~C report
Draft Covenants and Restrictions received
Draft Covenants and Restrictions reviewed
Filed Covenants and Restrictions received
Receipt of mylars and paper prints with
Health approval .
FLnal Public Hearing
Approval 'of subdivision
-with conditions
Constantine Ioannou
14-51 Broadway, 3rd Floor
Long Island City, NY 11106
Patricia C. Moore, Esq.
51020 Main Road
Southold, NY 11971
Dear Ms. Moore:
I, Constantine Ioarmou hereby authorize you to make an application to the Planning
Board, Town of Southold, Suffolk County Health Department, and any other necessary agencies
on my behalf.
Very truly yo~s,
Uonstar~ine Ioannou
APPLICATION FOR APPROVAL OF PLAT
To the Planning Board of the Town of Southold:
The undersigned applicant hereby applies for (tentaiive) (final)approval of a subdivision plat in
accordance xvith Article 16 of the Town Law and the Rules and Regulations of the Southold Toxvu
Planning Board, and represents and states as folloxvs:
1. The applicant is the owner of record of the land under application. (If the applicant is not the
owner of record of the land under application, the applicant shall state his interest in said
land under application.)
2. The name of the subdivision is to be .... Conatan&ine. Iaat~noz~ .minor..sub~livisimn. "'
3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed
suggested.)
4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as
follows:
Liber .9.1.3.2. .................. Page . 2.7.Q ................. On .......................
Liber ........................ Page ...................... On ....................... ;
Liber ........................ Page ......................
Liber ........................ Page ......................
Liber ........................ Page ......................
On ... .................... ;
On ....................... ;
as devised under the Last Will and Testament of .......................................
or as distributee .................... , ....................................................
6.8 acres
5. The area of the land is .................. acres.
6. All taxes which are liens on the land at the date hereof have been paid except ............
7. The land is encnmbered by ..............................................................
mortgage (s) as folloxvs:
(a) Mortgage recorded in Liber . 9.1.86 ........ Page . .63,2 ............. in original amount
of $..1.25~0~0 .... unpaid amount $ ............ ' ......... held by fi,L].anl;.i.o.t~ar~k, .of. Igew York
.............. address .................................................................
(b) Mortgage recorded in Liber ......... Page ....................... in original amonnt
of .............. nnpaid amonnt $ ...................... held by ......................
.............. address ...............................................................
(c) Mortgage recorded in Liber .............. Page ................ in original amount
of .............. unpaid amount $ ........ :': ............ held by ......................
...................... address
8. There are no other encumbrances or liens against the land except ........................
9. Tbe land lies in the following zoning use districts R-80
10. No part of the land lies under water wbeth er tide water, stream, pond water or otherwise,
Across Main Road, not on subject parcel
cept ...................................................................................
11. The applicant shall at bis expense install all required public improvements.
12. The land ('4~) (does not) lie in a Water District or Water Supply District. Name of Dis-
trict, if witbin a District, is ..............................................................
13. Water mains will be lald by ...........................................................
and (a) (no) charge will be made for installing said mains.
14. Electric lines and standards w/il be installed by owner
lines. · ............... and (a) (no) charge will be mad; for installing said
15. Gas mains will be installed by ............................................................
and (a) (no) charge will be made for installing said mains.
16. If streets shown on the plat are claimed by the applicant to be existing public streets in the
Suffolk County Iligbway system, annex Schedule "B" bereto, to sbow same.
17. If streets shown on the plat are claimed by the applicant to be existing public streets in the
Town of Sonthold lIigbway system, annex Scbednle "C" hereto to show same.
18. Tbere are no ex~sting buildings or structures on the land wbicb are not located and sboxvn
on the plat.
19. l,¥here the plat shows proposed streets which are extensions of streets on adjoining sub-
division maps heretofore filed, there are no reserve strips at the end of the streets on said
~xlstin,g maps at tbelr conjnnctions with the proposed streets.
20. In the course of these proceedings, the appllca.t wilI offer proof of title as required by Sec.
.335 of the Real Property Law.
21. Submit a copy of proposed deed for lots shnwlng all restrictions, covenants, crc. Annex
Schedule "D".
22. The applican~c estimates that the cost of grading and required pubtic improvements will he
102000 for common access
$ .... ' ...... as itemized in Schedule "E" hereto anuexed and requests that the maturity of the
Performance Bond be fixed at .............. years. The Performance Bond will be written by
a licensed surety company unless otherwise shown on Schedule "F".
Constantine Ioannou
DATE .... .'x..~..~J.. ? .q..~..M ...... ~..0. ..... 1-9 ....................................................
(Name of Applicant)
(Signature an/~ T~_~tle)
Main Road~ East Marion
(Address)
STATE OF NEW YORK. COUNTY OF. ~.o ~ ~r -r.r%.
........ , -IO ....... before me personally came
· .Co..t,~. ?..~...~.--/'.,..~..~... ~...o.?..r'~...el. L0. · .¥5... to me known to be the individual described in and xvho
executed the foregoing instrument, and acknowledged that .... /a.*- .... executed the same.
$PIROS PAPADOPOULOS
Nolary Public, $~ate of New Yod~ ' '
No. 41-9820461
Qual;fied in Queens County . Public
Comm~ion Expires Nov. 30, ~
STATE OF NEW YORK. COUNTY OF ............................ ss:
On the ................ day ............ of .............. , 19 ...... , before me personally came
.......................... to me known, who being by me duly sworn did de-
pose and say that ............ resides at No .....................................................
................................ that ........... : .............. is the ..........
the c~rporation described in and which executed the foregoing instrument; that ............ knows
tim seal of said corporation; that the seal affixed by order o£ the board of directors of said corporation.
:md that ............ signed .............. name thereto by like order.
Notary Public
~LD
~TY
Southold, N.Y. 11971
(516) 765-1938
QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED
WITH YOUR APPLICATIONS FORMS TO THE PLANNING BOARD
Please complete, sign and return to the Office of the Planning
Board with your completed a~plications forms. If your answer-
to any of the following questions is yes, please indicate
these on your guaranteed survey or submit other appropriate
evidence;
1o Are there any wetland grasses on this parcel?
(Attached is a list of the wetland grasses defined
by the Town Code, Chapter 97, for your reference)
Yes
2. Are there any other premises under your ownership
abutting this p~rcel? Yes
3. Are there any building permits pending on
this parcel?
Yes
4. Are there, any other applications pending
concerning this property before any other
department
or
agency? (Town
, State, County, etc.) ~es~
Suffolk County Health Department
5. IS there any application pending before
any other agency with regard to a different
project on this parcel? Yes
6. Was this property the subject of any prior ~
application to the Planning Board?
Brionngloid-by-the-Sea
7. Does thls property have a valid certificat&
of occupancy, if yes pleas,e submit ~a copy of same ~Yes]
No
I certify that the above statements are true and will be relied
on by the Planning Board in considering this application.
Signature of property owner or au'th6~i'z'ed agent date
Attachment to questionnaire
STATE OF NEW YORK, COUNTY OF FF~i~F~AK, ss:
On the 306l day of ~-~~ , ~___,
came ~ ~,~ ~ ~k~ ~ ~O ~ to me
for~the Planning Board
before me personally
known to be the
individual described in and who executed the foregoing.instrument,
and acknowledged that ~ executed the same.
Publi~
SPIROS pAPADOPOULO.S
Notary PubJic, Slate of New Yodc
No. 41-9820461
Qualified in Queens County
Commi~ion Expires Nov. 30, ~
Southold Town Planning Board
Town Hall
Southold, New York 11971
Gentlemen:
Re:
Constantine Ioannou
three lot subdivision
The following statements are offered for your consideration
in the review of the above-mentioned minor subdivision and its
referral to the Suffolk County Planning Commission:
(1) No grading, other than foundation excavation for a
residential building is proposed~
(2)
(3)
No new roads are proposed and no changes will be made in
the grades of the existing roads. Except common access
No new drainage structures or alteration of existing
structures are proposed. Except as required by Planning Board
Yours truly,
BETWEEN
Marion, New York 11939
~ad~st
~ISTKICT:
.000
~29.00
eT:
)14.007 &
.000
~23.00
~nOCK:
~2.00
006
~n {$10.00) ........................
by ~ ~ of ~e ~ ~ ~ h~ ~m ~ ~ umo ~ ~y of the ~ ~, ~c hclr~ or
~a=ion, To~ of S~tho~d, County of Suffolk ~d f~le~ in ~e Office of
~e Clerk of the county of Sa~fo~ on August 22, 1978 as Ma~ No. 6711,
bounded ~nd deacribe~ us
~ING a: a ~: on ~he nor:h~sterly side of bla~ ~
~now or fo~rly of
(1} ~or=h 24 =egrees 04 ~nuto$ .30 seconds West 337.02 feet~
(2) $ou~ 65 degreo~ 55 ~nu~eo 30 eeconds Weet 159.0 feet~
~ {3) NOr~ 20 degrees 04 ~nutes 30 seconde West 468.99 feet to the
~1 ordinary high water ~rk of ~g I~l~d
~ence along sai~ high ~=e= ~e ~ich h~ a tie l~e ~e~ring
62 degrees 59 minutes 20 ~o~n~A Eaat 438.11 fmot to a
, ~ence 8ou~h 27 degrees 00 ~nutes 50 seconds Eas~ along other land
~ ~e ordin~y high water ~rk of Orient H~bor~
4o minutes West 3~.~2. f99t ~0 a ~t~ .... ; ..............
[ies~, ~o the nor:h'~a~erLy side of Main ~ad, at ~,e point or plats
Except~g ~herefrom ~at mu~ ~operty as is conrad by the Ma~
having a wid~ o~ 66 fee~.
8261 cp
me known to ~ i~e it~di,~du~ de~c~bed in and wl~
On ~e day of
swo~, ~id depose ~md say tMt he
I~t he
to
~e~b~ n ~ ~ ~td ~e for~g ~net~mrnt;
~ecute the ~;
33 0~2 07
Name o£]n~urcd: COMSTATINE IOANNOU
Am~of Imura~:~ $335~ 000, O0
Thees~ateorinte~sth~suredbythi~poUcyis fee simple ve~tcdinthelnsuredby mean$of
a deed made by ~LIZABETH N. HELLV~N to the ~nsured, Dated 1~/15/81 and
Recorded 1/22/82 in Lib~ 9132 Page 259, in ~he Office of the Clerk,
Suffolk County.
SCHEDULE A
Th~ prat,rises in which th~ insured has the cstatc or interest co~ered by this policy is dcr. cribcd on the ds;cnpfion
sheet amqexeCI,
SCHEDULE B
poUcy.
Momtgage made by the Insured to At/antic Bank of New York, in the
~:~oun~ of $175,000,00, Dated 12/15/81 and Recorded 1/22/82 in Liber
9186 Page ~32, in ~he Office of the Clerk, Suffolk County.
Policy excepts Riparian Rights and easements of others over Long Island
Sound ~nd Orient Harbor, Policy will not Insure such rights in,favor of
tl]e ow~e~~,
!0~
No t!~le Is insured ~o any part of ~he premises lying below the
presen~ or former high water line of Long Island Sound and Orient
Harbor.
Poln~
Policy excepts the rlEht of any governmental authority to change the
harbor, bulk.head and pie~head lines without compensation to the owne~.
NOTE: ATTACHED HERETO ADDED PAGES.
1~l-16-2 (2/87)--7c
617.21
Appendix A
State Environmental Quality Review
FULL ENVIRONMENTAL ASSESSMENT FORM
SEQR
Purpose: The full EAF is desi§ned 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. Frequent-
ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine
significance may have little or no formal knowledge of the environment or may 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 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 proiect 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 id(Jntified as potentially-large, then Part 3 is used to evaluate whether or not the
impact is actually important.
DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions
Identify the Portions of EAF compleled for this project: [] Part 1 [] Part 2 []Part 3
Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting
information, and considering both the magitude and importance of each impact, it is reasonably determined by the
lead agency that:
[] 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.
[] B. Although the project could have a signif'icant 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.*
[] C. The project may result in one or more large and important impacts that may have a significant impact
on the enviro~,ment, therefore a positive declaration will be prepared.
* A Conditioned Neglaltive Declaration is only valid for Unlisted Actions
Subdivision of Constantine Ioannou 6.8 acre parcel in~O 3 lots
Name of Action
Southold Town Planning Board
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(If different from responsible officer)
Date
~ --PART 1--PROJECT INFORMATION
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 additiona!~
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
Constantine Ioannou Subdivision
LOCATION OF ACTION (Include Street Address, Munlcfpality and County)
East Marion, Southold
NAME OF APPLICANT/SPONSOR BUSINESS TELEPHONE
Constantine Ioannou c/o Patricia C. Moore (631) 765-4330
ADDRESS
51020 Main Road
CITY/PO
Southold
NAME OF OWNER (If different)
STATE ZIP CODE
NY 11971
BUSINESS TELEPHONE
( )
ADDRESS
CITY/PO
STATE ZIP CODE
DESCRIPTION OFACTION
Subdivision of 6.8 acres into three lots lot 1 92,332 sq.ft.
lot 2 114,288 sq.ft., and lot 3 88,269 sq.ft.
Please Complete Each Question-Indicate N.A. if not applicable
A. Site Description
Physical setting of overall project, both developed and undeveloped areas.
1. Present land use: [3Urban Dlndustrial [3Commercial [~Residential (suburban) I~Rural (non-farm)
I-IForest [~Agricu[ture DOther
6.8
2. Total acreage of project area: acres.
APPROXIMATE ACR~,AGE PRESENTLY AFTER COMPLETION
Meadow or Brushland (Non-agricultural) acres 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) acres acres
Roads, buildings and other paved surfaces acres acres
Other (Indicate type) Bluff 4.000 sa.ft. Balance residential acres same acres
3. What is predominant soil type(s) on project site?
a. Soil drainage: E]~Vell drained 100 % of site [3Moderately well drained % of site
DPoor[y drained % ol~ site
b. If any agricultural land is involved, how tnany acres of soil are classified within soil group 1 through 4 of the NYS(
Land Classification System? acres. (See I NYCRR 370).
4. Are there bedrock outcroppings on project site? DYes ]~No
a. What is depth to bedrock? (in feet)
2
5~, Approximate percentage of pro~ project site with slopes: ]~]0-10% 90 % j;g10-15% 10 %
1-115% or greater . %
6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National
Registers of Historic Places? r-lYes ~]No
'~7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? EYes E~No
8. What is the depth of the water table? (in feet) to be determined
9. Is site located over a primary, principal, or sole source aquifer? ~[]Yes ENo
10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? C]Yes :[]No
11. Does project site contain any species of plant or animal life that is identified as threatened or endangered~'
f-lYes []No According to
Identify each species
12. Are there any unique or unusual land forms on the proiect site? (i.e., cliffs, dunes, other geological formations)
[]Yes I-1No Describe Bluff on Long Island Sound
13. Is the project site presently used by the community or neighborhood as an open space or recreation area?
~]Yes []No If yes, explain
14. Does the present site include scenic views known to be important to the community? [~Yes I~lNo
15. Streams within or contiguous to project area:
a. Name of Stream and name of River to which it is tributary
16. Lakes, ponds, wetland areas within or contiguous to project area:
a. Name Long Island Souno b. Size (In acres)
17. Is the site served by existing public utilities? r~Yes J-lNo(electric) (private well & sanitary)
a) If Yes, does sufficient capacity exist to allow connection? JgYes ENo
b) If Yes, will improvements be necessary to allow connection? EYes ENo
18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA.
Section 303 and 304? EYes ~No
19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8
of the ECL, and 6 NYCRR 6177 EYes [~No
20. Has the site ever been used for the disposal of solid or hazardous wastes? EYes J~No
C
B. Project Descriptio~t
1. Physical dimensions and scale of project (fill in dimensions as appropriate)
a. Total contiguous acreage owned or controlled by project sponsor 6.8
b. Project acreage to be developed: 20% acres initially; 20%
c. Project acreage to remain undeveloped 80% acres.
d. Length of project, in miles: n/a (If appropriate)
e. If the project is an expansion, indicate percent of expansion proposed
residential
f. Number of off-street parking spaces existing ; proposed
g. Maximum vehicular trips generated per hour
h. If residential: Number and type of housing units:
On(,, Family Two Family
n/a
acres.
acres ultimately.
(upon completion of proiect)?
Multiple Family Condominium
Initially 1
Ultimately 3
35 50
i. Dimensions {in feet) of largest proposed structure height;
j. Linear feet of frontage along a public thoroughfare project will occupy is?
width; 50 length.
336 ft.
2. How much natural material (
3. Will disturbed areas be reclaimed? rqYes []No [2]N/A
a. If yes, for what intend.o,J purpose is the site being reclaimed?
b. Will topsoil be stockpiled for reclamation? ~lyes []No
c. Will upper subsoil be stockpiled for reclamation? []Yes
earth, etc.) will be removed from the site?
0 tons/cubic yards
ONo regrading
4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? n/a acres.
5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project?
[:]Yes ~]No
12
6. If single phase project: Anticipated period of construction months, (including demolition).
year, (including demolition).
year,
7. If multi-phased:
a. Total number of phases anticipated (number).
b. Anticipated date of commencement phase I __ month
c. Approximate completion date of final phase month
d. Is phase 1 functionally dependent on subsequent phases? I-lYes []No
8. Will blasting occur during construction? [:}Yes 10 :~]No 0
9. Number of jobs generated: during construction ; after project is complete
10. Number of jobs eliminated by this project 0
11. Will project require relocation of any projects or facilities? I--lYes [~No if yes, explain
12. Is surface liquid waste disposal involved? [:]Yes x~No
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-lYes []No Type
14. Will surface area of an existing water body increase or decrease by proposal?
Explain
[]Yes
15. Is project or any portion of project located in a 100 year flood plain? DYes
16. Will the project generate solid waste? [:]Yes I~No
a. If yes, what is the amount per month tons
b. If yes, will an existing solid waste facility be used? []Yes E]No
c. If yes, give name ; location
d, Will any wastes not go into a sewage disposal system or into a sanitary landfill?
e. If Yes, explain
~]No
[]Yes DNo
17. Will the project involve the disposal of solid waste?
a. If yes, what is the anticipated rate of disposal?
b, If yes, what is the anticipated site life?
18. Will project use herbicides or pesticides? []Yes
[~Yes I~No
tons/month.
years.
ENo
19. Will project routinely pr6duce odors (more than one hour per day)? EE]Yes D~No
20. Will project produce operating noise exceeding the local ambient noise levels? D-lYes
21. Will project result in an increase in energy use? DYes :~No
If yes , indicate type(s)
~3No
22. If water supply is from wells, indicate pumping capacity 600 residentiAL .
ga IonsJmmute.
23. Total anticipated water usage per day gallons/day.
24. Does project involve Local, State or Federal i~unding? DYes [~No
If Yes, explain
4
Approvals Required:
City, Town, Village Board I--lYes ~]No
City, Town, Village Planning Board [Yes r-]No
City, Town Zoning Board I-lYes ~No
City, County Health Department DYes r-INn
Other Local Agencies []Yes ~]No
Other Regional Agencies []Yes ~No
State Agencies []Yes
Federal Agencies i-]Yes
C. Zoning and Planning Information
Type
Submittal
Date
subdivision 2/01
subdivision 2/01
1. Does proposed action involve a planning or zoning decision? :~3Yes ~}No
· If Yes, indicate decision required:
E]zoning amendment []zoning variance i-lspecial use permit ~subdivision []site plan
r-lnew/revision of master plan []resource management plan []other
r-80
2. What is the zoning classification(s)of the site?
3. What is the maximum potential development of the site if developed as permitted by the present zoning?
3 lots
4. What is the proposed zoning of the site?
5. What is the maximum potential development of the site if developed as permitted by the proposed zoning?
3 lots
6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ~]Yes
7. What are the predominant land use(s) and zoning classifications within a ¼ mile radius of proposed action?
2 acre residential
E~No
C
8. Is the proposed action compatible with adjoining/surrounding land uses within a ¼ mile? ~]Yes E3No
9. If the proposed action is the subdivision of land, how many lots are proposed? three
a. What is the minimum lot size proposed? three
10. Will proposed action require any authorization(s) for the formation of sewer or water districts? I-lYes ' XC]No
11. Will the proposed a,~ion create a demand for any community provided services (recreation, education, police,
fire protection)? !:JYes []No
a. If yes, is existilJg capacity sufficient to handle projected demand? ][:]Yes []No
12. Will the proposed action result in the generation of traffic significantly above present levels? [:]Yes ]~3No
a. If yes, is the existing road network adequate to handle the additional traffic? []Yes []No
D. Informational Details
Attach any additional information as may be needed to clarify your project. If 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
[ certify that the information provided abow~ is true to the best of my knowledge.
Applicant/Sponsor Naf~e~ Constantine Ioannou Date I ' 3o ~ l
Signature
li the action is ln lhe Coastal Ar , and you are a slale agency, complete the Coaslal Assessment Formbeiore proceeding
with this assessment.
5
Part 2--OOJECT IMPACTS AND THEIR [~GNITUDE
Responsibility of Lead Agency
General Information (Read Carefully) ' '~
· In completing the form the reviewer should be guided by the question: Have my responses and determinations been
reasonable? The reviewer is not expected to be an expert environmental analyst.
· Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant.
Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply
asks that it be looked at further.
· The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of
magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and
for most situations. But, for any specific proiect or site other examples and/or lower thresholds may be appropriate
for a Potential Large Impact response, thus requiring evaluation in Part 3.
· The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and
have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question.
· The number of examples per question does not indicate the importance of each question.
· In identifying impacts, consider long term, short term and cumlative effects.
Instructions (Read carefully)
a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact.
b. Maybe answers should be considered as Yes answers.
c. If answering Yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the
impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold
is lower than example, check column 1. .:
d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3.
e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate
impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This
must be explained in Part 3.
IMPACT ON LAND
1. Will the proposed action result in a physical change to the project site?
DNO ~IYES
Examples that would apply to column 2
· Any construction on slopes of 15% or greater, (15 foot rise per 100
foot of length), or where the general slopes in the project area exceed
10%.
· Construction on land where the depth to the water table is less than
3 feet.
· Construction of paved pa~ing area for 1,000 or more vehicles.
· Construction on land where bedrock is, exposed or generally within
3 feet of existing ground surface.
· Construction that will c~ntinue for more than I year or involve more
than one phase or stage.
· Excavation for mining purposes.that would remove more than 1,000
tons of natural material (i.e., rock or soil) per year.
· Construction or expansion of a sanitary landfill.
· Construction in a designated floodway.
· Other impacts
2. Will there be an effect t~....,y umque or unusual land forms found on
the s te? (i.e., cliffs, dunes, geological formations, etc.)L~NO E]YES
· Specific land forms:
6
1 2 3
Small to Potential Can Impact Be
Moderate Large Mitigated By
Impact Impact Project Change
[] [] []Y~ ~No
[] [] []Yes E~No
L-"] [] []Yes E]No
[] [] []Yes []No
[] ~ ~Yes ~No
~ ~ ~Yes ~No
~ ~ ~Yes ~No
~ ~ ~Yes ~No
~ ~ ~Y.s ~No
~ ~ ~Y~s ~No
IMPACT ON WATER
3. Will proposed action affect any water body designated as protected~
(Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL)
[:]YES
Examples that would apply to column 2
· Developable area of site contains a protected water body.
· Dredging more than 100 cubic yards of material from channel of a
protected stream.
· Extension of utility distribution facilities through a protected water body.
· Construction in a desigr~ated freshwater or tidal wetland.
· Other impacts:'
4. Will proposed action affect any non-protected existing or new body
of water.~ E]NO E]YES
Examples that would apply to column 2
· A 10% increase or decrease in the surface area of any body of water
or more than a 10 acre increase or decrease.
· Construction of a body of water that exceeds 10 acres of surface area.
· Other impacts:
5. Will Proposed Action affect surface or groundwater
quality or quantity;~ I-]NO r-WES
Examples that would apply to column 2
· Proposed Action will require a discharge permit.
· Proposed Action requires use of a source of water that does not
have approval to serve proposed (project) action.
· Proposed Action requires water supply from wells with greater than 45
gallons per minute pumping capacity.
· Construction or operation causing any contamination o~ a water
supply system.
· Proposed Action will adversely affect groundwater.
· Liquid effluent will be conveye~.] off the site to facilities which presently
do not exist or have inadequate capacity.
· Proposed Action would use water in excess of 20,000 gallons per
day.
· Proposed Action will likelv cause siltation or other discharge into an
existing body of water to the extent that there will be an obvious visual
contrast to natural conditions.
· Proposed Action will require the storage of petroleum or chemical
products greater than 1,100 gallons.
· Proposed Action will allow residential uses in' areas without water
and/or sewer services.
· Proposed Action locates commercial and/or industrial uses which may
require new or expansion of existing waste treatment and/or storage
facilities.
· Other impacts:
C. 6. Will action alter flow or surface
proposed
drainage
or
patterns,
water runoff? I-1NO [~YES
[xa~nples that would apply to column 2
· Proposed Action would change flood water flows.
7
I 2 3
Small to Potential Can Impact Be
Moderate Large Mitigated By
Impact Impact Project Change
[] [] []Yes (-]No
[] [] []Yes I--INo
[] [] []Yes [:]No
[] [] []Yes /-1No
[] [] I--lYes []No
[] [] []Yes []No
[] [] []Yes /-1No
[] [] []Yes []No
[] [] []Yes []No
[] [] []Yes []No
[] [] []Yes []No
[] [] []Yes []No
[] [] []Yes []No
[] [] []Yes []No
[] [] []Yes []No
[] [] []Yes []No
[] [] []Yes []No
[] [] []Yes []No
[] [] []Yes []No
[] [] []Yes []No
[] [] []Yes []No
· Proposed Action may cause substantial erosion.
· Proposed Action is incompatible with existing drainage patterns.
· Proposed Action will allow development in a designated floodway.
· Other impacts:
IMPACT ON AIR
7. Will proposed action affect air quality? l-INO I~YES
Examples that would apply to column 2
· Proposed Action will induce 1,000 or more vehicle trips in any given
hour.
· Proposed Action will result in the incineration of more than 1 ton of
refuse per hour.
· Emission rate of total contaminants will exceed 5 lbs. per hour or a
heat source producing more than 10 million BTU's per hour.
· Proposed action will allow an increase in the amount of land committed
to industrial use.
· Proposed action wilt allow an increase in the density of industrial
development within existing industrial areas.
· Other impacts:
IMPACT ON PLANTS AND ANIMALS
8. Will Proposed Action affect any threatened or endangered
species? ENO I-lYES
Examples that would apply to column 2
· Reduction of one or more species listed on the New York or Federal
list, using the site, over or near site or found on the site.
· Removal of any portion of a critical or significant wildlife habitat.
· Application of pesticide or herbicide more than twice a year, other
than for agricultural purposes.
· Other impacts:
9. Will Proposed Action substant ally affect non-threatened or
non-endangered species? r-INO l-lYE S
Examples that would apply to column 2
· Proposed Action would substantially interfere with any resident or
migratory fish, shellfish or wildlife species.
· Proposed Action requires the removal of more than 10 acres
of mature forest (over 100 years of age) or other locally important
vegetation.
IMPACT ON AGRICULTURAL LAND RESOURCES
10. Will the Proposed Action affect agricultural land resources?
[3NO [~YES
Examples that would ,~pply to column 2
· The proposed action would sever, cross or limit access to agricultural
land (includes cropland, hayfields, pasture, vineyard, orchard, etc.)
Small to Potential Can Impact Be
Moderate' Large "Mitigated By
Impact Impact Project Change
[] [] I-lYes I~No
[] [] F'lYes E]No
[] [] F-lYes E]No
[] [] E]Yes EiNo
[] [] E)Yes []]No
[] [] I-lYes [-1No
[] [] l-lYes []]No
[] [] ~lYes I--)No
[] [] E]Yes E]No
E) [] E]Yes
[] [] E]Yes E]No
[] [] F~Yes [E]No
[] [] E]Yes I--INo
[] [] E]Yes [E)No
[] [] E]Yes r~No
[] [] E]Yes E]No
[] [] E]Yes [~No
8
· Construction activity would excavate or compact the soil profile of
agricultural land.
· The proposed action would irreversibly convert more than 10 acres
of agricultural land or, if located in an Agricultutal District, more
than 2.5, acres of agricultural land
· The proposed action would disrupt or prevent installation of agricultural
land management systems (e.g.,. subsurface drain lines, outlet ditches,
strip cropping); or create a need for such measures (e.g. cause a farm
field to drain poorly due to increased runoff)
· Other impacts:
IMPACT ON AESTHETIC RESOURCES
11. Will proposed action affect aesthetic resources~' C3NO I-lYES
(If necessary, use the Visual EAF Addendum in Section 617.21,
Appendix B.)
Examples that would apply to column 2
· Proposed land uses, or project components obviously different from
or in sharp contrast to current surrounding land use patterns, whether
man-made or natural.
· Proposed land uses, or project components visible to users of
aesthetic resources which will eliminate or significantly reduce their
enjoyment of the aesthetic qualities of that resource.
· Project components that will result in the elimination or significant
screening of scenic views known to be important to the area.
· Other impacts:
INIPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES
12. Will Proposed Action impact any site or structure of historic, pre-
historic or paleontological importance~ [~NO ~]YES
Examples that would apply to column 2
· Proposed Action occurring wholly or partially within or substantially
contiguous to any facility 4[ site listed on the State or National Register
of historic places.
· Any impact to an archaeological site or fossil bed located within the
project site.
· Proposed Action will occur in an area designated as sensitive for
archaeological sites on the NYS Site Inventory.
· Other impacts:.
IMPACT ON OPEN SPACE AND RECREATION
13. Will Proposed Action affect the quantity or quality of existing or
future open spaces or recreational opportunities;~
Examples that would apply to column 2 CINO C1YES
permanent foreclosure of a future recreational opportunity.
The
· A major reduction of an open space important to the community.
· Other impacts:
9
1 2 3
Small to' Potential Can Impact Be
Moderate Large Mitigated By
Impact Impact Project Change
[] [] [~]Yes I-~No
[] [] ~]Yes []No
[] [] ~]Yes I--INo
[] [] []Yes J--lNo
[] [] []Yes E]No
[] [] J-lYes []No
[] [] E]Yes E]No
[] [] El]Yes []No
[] [] i-lYes []No
[] [] []Yes E]No
[] E] []Yes []No
[] [] []Yes E]No
[] [] I'-'lyes []No
[] [] EgYes []No
[] [] E]Yes []No
IMPACT ON TRANSPORTATION
14. Will there be an effect to existing transportation systems~
f-INO [~]YES
Examples that would apply to column 2
· Alteration of present patterns of movement of peopl'e and/'or goods.
· Proposed Action will result in major traffic problems.
· Other impacts:
IMPACT ON ENERGY
15. Will proposed action affect the community's sources of fuel or
energy supply~ DNO [~YES
Examples that would apply to column 2
· Proposed Action will cause a greater than 5% increase in the use of
any form of energy in the municipality.
· Proposed Action will require the creation or extension of an energy
transmission or supply system to serve more than 50 single or two family
residences or to serve a major commercial or industrial use.
· Other impacts:
NOISE AND ODOR IMPACTS
16. Will there be objectionable odors, noise, or vibration as a result
of the Proposed Action? - [~NO I~YES
Examples that would apply to column 2
· Blastin8 within 1,500 feet of a hospital, school or other sensitive
facility.
· Odors will occur routinely (more than one hour per day).
· Proposed Action will produce operating noise exceedin8 the local
ambient noise levels for noise outside of structures.
· Proposed Action will remove natural barriers that would act as a
noise screen.
· Other impacts:
IMPACT ON PUBLIC HEALTH
17. Will Proposed Actionl~ffect public health and safety?
E3NO E3YES
Examples that would apply to column 2
· Proposed Action may cause a risk of explosion or release of hazardous
substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of
accident or upset conditions, or there may be a chronic Iow level
discharge or emission.
· Proposed Action may result in the burial of "hazardous wastes" in any
form (i.e. toxic, poisonous, higbiy reactive, radioactive, irritating,
infectious, etc.)
· Storage facilities for one million or more gallons of liquified natural
gas or other flammable liquids.
· Proposed action may result in the excavation or other disturbance
within 2,000 feet of a site used for the disposal of solid or hazardous
waste.
· Otber impacts:
10
I 2 3
Small to Potential Can Impact Be
Moderate Large Mitigated By
Impact Impact Project Change
[] [] []Yes I--1No
[] [] /-'lYes []No
[] [] [:]Yes I-]No
[] [] []Yes []No
[] [] [--]Yes i-]No
[] [] []Yes []No
[] [] [:]Yes F-1No
[] [] i--lYes []No
[] [] [-]Yes []No
[] [] [:]Yes []No
[] [] i'lyes [:]No
[] [] []Yes [:]No
[] [] E~]Yes [~No
[] [] [~Yes [=]No
[] [] []Yes ~]N0
[] [] C]Yes E3No
IMPACT ON GROWTH AND CHARACTER
OF COMMUNITY OR NEIGHBORHOOD
18. Will proposed action affect the character of the existing community?
[~NO E]YES
Examples that would apply to column 2
· The permanent population of the city, town or village in which the
project is located is likely to grow by more than 5%.
· The municipal budget for capital expenditures or operating services
will increase by more than 5% per year as a result of this project.
· Proposed action will conflict with officially adopted plans or goals.
· Proposed action will cause a change in the density of land use.
· Proposed Action will replace or eliminate existing facilities, structures
or areas of historic importance to the community·
· Development will create a demand for additional community services
(e.g. schools, police and fire, etc.)
· Proposed Action will set an important precedent for future proiects.
· Proposed Action will create or eliminate employment·
· Other impacts:
I 2 3
Small to' Potential Can Impact Be
Moderate Large Mitigated By
Impact Impact Project Change
[] [] I'"q Yes []No
[] - [] []Yes []No
[] [] E]Yes []No
[] [] []Yes [--INo
[] [] []Yes []No
[] [] I--lYes E]No
[] [] E]Yes []No
[] [] E]Yes []No
[] [] []Yes l-'1 No
19. Is there, or is there likely to be, public controversy related to
potential adverse environmental impacts? [E]NO ~IyES
If Any Action in Part 2 Is Identified as a Potential Large Impact or
If You Cannot Determine the Magnitude of Impact, Proceed to Part 3
Part 3--EVALUATION OF THE IMPORTANCE OF IMPACTS
Responsibility of Lead Agency
· Part 3 must be prepared if one or more impact(s) is considered to be polentially large, even if the impact(s) may be
mitigated.
Instructions
Discuss the following for e;l~zh impact identified in Column 2 of Part 2:
1. Briefly describe the impact.
2. Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change(s).
3. Based on the information available, decide if it is reasonable to conclude that this impact is importanl.
To answer the question of importance, consider:
· The probability of the impact occurring
· The duration of the impact
· Its irreversibility, including permanently lost resources of value
· Whether the impact can or will be controlled
· The regional consequence of the impact
· Its potential divergence from local needs and goals
· Whether known ohjections to the proiect relate to this impact.
(Continue on attachments)
11
617.21
Appendix B
State Environmental Quality Review
Visual EAF Addendum
SEQR
This form may be used to provide additional information relating to Question 1 1 of Part 2 of
the Full EAF.
(To be completed by Lead Agency)
Distance Between
Visibility
1, Would the project be visible from:
· A parcel of land which is dedicated to and available
to the public for the use, enjoyment and appreciation
of natural or man-made scenic qualities?
· An 9verlook or parcel of land dedicated to public
observation, enjoyment and appreciation of natural
or man-made scenic qualities?
· A site or structure listed on the National or State
Registers of Historic Places?
· State Parks?
· The State Forest Preserve.3
· National Wildlife Refuges and state game refuges?
· National Natural Landmarks and other outstanding
natural features?
· National Park Service lands?
· Rivers designated as National or State Wild, Scenic
or Recreational?
· Any transportation corridor of high exposure, such
as part of the Interstate System, or Amtrak?
· A governmentally established or designated interstate
or inter-county foot trail, or one formally proposed for
establishment or designation?
· A site, area, lake, reservoir or highway designated as
scenic? II,
· hlunicipal park, or designated open space.3
· County road?
· State?
· Local road?
Project and Resource (in Miles)
0-% ~A -I/2 1/2-3 3-5 5+
[] [] [] [] []
[] [] [] [] []
[] [] [] [] []
[] [] [] [] []
[] [] [] [] []
[] [] [] [] []
[] [] [] [] []
[] [] [] [] []
[] [] [] [] []
[] [] [] [] []
[] [] [] [] []
[] [] [] [] []
[] [] [] [] []
[] [] [] [] []
[] [] [] [] []
[] [] [] [] []
2. Is the visibility of the project seasonal? (i.e., screened by summer foliage, but visible during other
seasons)
[]Yes [No
3. Are any of the resources checked in question I used by the public during the time of year
during which the project will be visible?
~]Yes ['-1 No
Town Of Southold
P.O Box 1179
Southold, NY 11971
* * * RECEIPT * * *
Date: 04/04/01
Transaction(s):
Application Fees
Receipt:
743
Subtotal
$2,500.00
Check#: 743
Total Paid: $2,500.00
Name:
Ioannou, Constantine At East Marion
Sctm #1000-23-1-14.7
Clerk ID: JOYCEW Internal ID: 29416
PLANNING BOARD MEMBERS
BENNETT ORLOWSKI, JR.
Chairman
RICHARD CAGGIANO
WILLIAM J. CREMERS
KENNETH L. EDWARDS
MARTIN SlDOR
P.O. Box 1179
Town Hall, 53095 State Route 25
Southold, New York 11971-0959
Telephone (631) 765-1938
Fax (631) 765-3136
Memorandum
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
To: Elizabeth A. Neville, Town Clerk
From: Valerie Scopaz, AICP, Town Planner
Date: July 8, 2003
Re: Request of Constantine Ionnou for Waiver of Moratorium Requirements in order
to proceed with a Minor Subdivision Application
The Planning Board has reviewed the June 9, 2003 letter of Patricia C. Moore on behalf
of her client, Constantine Ionnou, in which the Town Board is asked to waive the
moratorium restriction against the processing of minor subdivision applications unless
they meet with specified land preservation criteria.
Ms. Moore's letter does not provide the context within which her client's property came
to be created by the Planning Board. The Planning Board's position, and
recommendation, cannot be understood without knowing this context. Accordingly, a
brief synopsis is provided here
The subject property was the focus of a subdivision plat by the name of Brionngloid-by-
the-sea. In 1977 the owner of this major subdivision wished to create seven lots. Since
several of the proposed lots including the lot that is currently the subject of Ms. Moore's
request, were further subdividable, the Planning Board recommended that provision be
made for safe access of all potential lots to State Route 25. The subject property is
located on the north side of SR 25 just west of Truman Bcach on a narrow stretch of the
Causeway. There are no other public or private roads accessing this property.
The owner refused to reconsider, and asked for a waiver of the requirement to construct
a road. The Planning Board and the Highway Committee agreed
to waive the 50 foot road requirement for this major subdivision on the condition that
there be no further subdivision of specific lots within this subdivision, one of which, #7, is
the lot that is the subject of Ms. Moore's request. Correspondence and minutes and
resolutions of the Board note that a resolution was to be filed which noted that Lots
1,2,3,6 and 7 were not to be further subdivided. Access to these lots was to be by way
of shared two drive-ways over two designated right-of-ways with Lot # 7 retaining its own
driveway access to SR 25. The Planning Board approved the filing of the plat provided
the above-noted Covenants and Restrictions were filed as well.
Unfortunately, the prior owner and his attorney filed the map but did not file the C&Rs at
the County Clerk's office. The plat was filed in 1978 without the C&Rs. it appears that
this omission was not noticed by the Planning Board and secretary at that point in time.
Ms. Moore noted in her letter that her client has been pursuing the right to subdivide his
property since 1999. While preliminary queries were made to this office beginning in
1999, an actual application to subdivide was not made until April of 2001. The Planning
Board adopted a resolution on April 16, 2001, a copy of which is attached. This
resolution restated the original intent of the original property owner and the Planning
Board in 1978 as noted in the official minutes of the Planning Board.
The harsh denunciation and portrayal of the Planning Board by Ms. Moore in her letter is
not appropriate. Special Counsel, Frank Isler, informed the Planning Board that the
conditions under which the Board granted approval in 1977 were valid and constitutional,
particularly given the owner and his attorney's statements (on the record) of not wanting
to comply with a mandatory road requirement. The appeals court found that the owner's
failure to file the C&R's with the County Clerk's Office could not be held against the
current property owner. The appeals court handed down its decision in April 2003.
Ms. Moore's letter pertains to a request that the Planning Board proceed with a three lot
subdivision of her client's property (#7 of Brionngloid-by-the-sea). Upon review of the
file, the proposed subdivision, as it was presented to the Planning Board in Apdl 2001,
does not meet the exemption provisions of the moratorium whereby 75% of the land
must be preserved.
Further, to the best of our knowledge, no effort has been made by the applicant to
initiate discussions with the Town regarding land preservation.
The subject property is environmentally sensitive due to its close proximity to both Long
Island Sound and the wetlands south of SR 25 within Orient Harbor. The property is not
served by public water. SR 25 in this vicinity is even more heavily traveled than it was in
1978. The application does not support the planning objectives of the Town of Southold
which include the preservation of open space and recreational space; the preservation of
the rural, cultural, commercial and historical character of the hamlets and surrounding
areas; and the preservation of the natural environment. The subject property is precisely
the type of property that the moratorium was intended to capture. The applicant's
position in this moratorium is no different from that of any other property owner with a
subdividable parcel. Attached are maps of the approved and proposed subdivision
plats.
Therefore, the Planning Board's recommendation is that a waiver not be granted.
ELIZABETH A. NE~LrLT.E
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
To:
From:
Re:
Date:
Valerie Scopaz, Town Planner
Gregory F. Yakaboski, Town Attorney
Elizabeth A. Neville, Southold Town Clerk
Moratorium Request of Constantine Ionnou
June~, 2003
Please review the above and send me your recommendations in writing, on the above
Thank you.
PATRICIA C. MOORE
Attorney at Law
51020 Main Road
Southold, New York 11971
Tel: (631) 765-4330
Fax: (631) 765-4643
June 9, 2003
Supervisor Josh Horton
and Southold Town Board
c/o Town Clerk, Elizabeth Neville
Main Road
Southold, NY 11971
Re: Waiver of subdivision Moratorium
Minor Subdivision of Constantine Ionnou
RECEIVED
JUN 9 2003
Southold Town Clerk
Margaret Rutkowski
Secretary
Dear Mr. Horton and Town Board:
We respectfully request a waiver of the
moratorium. My client is facing extreme financial
hardship after almost five years of litigation in
which he has defeated the town's legal position in
each and every court proceeding. Special
circumstances exist with regard to this property,
justice can only be obtained from the Town Board which
we believe will apply fair and reasonable treatment to
this property owner. We do not anticipate that the
Planning Board will cooperate with the applicant
without the Town Board's direction. Your grant of the
waiver will send a message to the Planning Board that
this property owner's property rights should not be
further violated.
Mr. Ioannou submitted an application to subdivide
into three parcels his 6.8 acre property in East
Marion beginning in 1999. My client wishes to
subdivide his property with his house on 114,288 sq.
ft. (2.87 acres), one lot with 92,332 sq. ft. (2.3
acres)and the third lot with 88,269 sq.ft. (2.2
acres). The surrounding parcels are less than 2 acres
in size. The Planning Board refused to accept his
application claiming that the property was encumbered
by restrictive covenants which prevented further
subdivision of his property. We submitted to the Town
the owner's title policy which disclosed no such
restrictions in his title. I also submitted the
attached memorandum to the Town Attorney in support of
our application.
The Planning Board refused to comply with the law
and they refused to accept Mr. Ioannou's application,
consequently my client was forced to defend his legal
rights with an Article 78 proceeding against the
Southold Town Planning Board. My client won the case.
The Planning Board was dissatisfied with the
Court's decision, they chose to appeal. While they
could have accepted our application pending the
appeal, they refused to consider my client's
application.
Finally, the Appellate Division ruled that the "no
further subdivision" condition was not binding on Mr.
Ioannou because it was not recorded in the Suffolk
County Clerk's office.
Mr. Ioannou has been prevented from subdividing
his property since 1999, two Courts have ruled in his
favor, the Town does not intend to appeal this case
any further, he wishes to proceed. Both the Town and
the applicant have wasted thousands of dollars to
reach a conclusion which is a fundamental principal in
Real Property Law. I am sure that both the Town
Attorney and Special Counsel advised the Planning
Board that covenants must be recorded to be
enforceable, the Planning Board disregarded legal
advice and used the litigation to delay the applicant
and ultimately prevent the development.
Thank you in advance for your consideration,
enclosed is my client's fee of $250.00.
vet ~r~
, y y yours,
k~-.-~l~tricia C. Moore
cc: Mr. Ioannou
PATRICIA C. MOORE
Attorney at Law
51020 Main Road
Southold, New York 11971
Tel: (516) 765-4330
Fax: (516) 765-4643
Margaret Rutkowski
Secretary
June 22,1999
Greg Yakaboski
Southold Town Attorney
Southold Town Hall
Main Road, Southold NY
BY FAX
RE: Brionngloid-B y-the-sea subdivision
SCTM# 1000-23-1-14.7
Dear Greg:
In accordance with our conversation the following legal points are submitted to you for your
consideration:
As you know, my client purchased his 6.7 acre parcel in December 1981 with no recorded
restrictions. The Planning Board wishes to enforce unrecorde4 covenants made by the developer of
the property which promised no further subdivision of the subject property. My client wishes to
subdivide his parcel in accordance with the Town Zoning.
Point I:
When parties seek to impose restrictions on the use of real property, they must
establish the existence of the restrictive covenant by clear and convincing evidence.
(Buffalo Academy of Sacred Heart v. Boehm Brothers, 267 N.Y. 242, 196 N.E. 42.)
Given the law's preference for free and unencumbered use of real property,
restrictive covenants are to be strictly construed against those seeking to enforce
them. (Buffalo Academy of Sacred Heart v. Boehm Brothers, supra.) The burden
of proof is on the party seeking to enforce the covenant and must be met by clear and
convincing proof. > (Huggins v. Castle Estates, 36 N.Y.2d 427,430, 369 N.Y.S.2d
80, 330 N.E.2d 48.) Newman v. McLaughlin 660 N.Y.S.2d 298, 172 Misc.2d 474,
(N.Y.Sup. 1997) Excerpt from page 660 N.Y.S.2d 300
A purchaser of property is charged only with notice of those matters which appear
in the purchased land's direct chain oftitle. (Witter v. Taggart, 78 N.Y.2d 234, 238,
573 N.Y.S.2d 146, 577 N.E.2d 338.)Newman v. McLaughlin, 660 N.Y.S.2d 298, 172
Misc.2d 474, (N.Y.Sup. 1997) Excerpt from page 660 N.Y.S.2d 301
Point II
The guiding principle for determining the ultimate binding effect of a restrictive
covenant is that "[i]n the absence of actual notice before or at the time of * * *
purchase or of other exceptional circumstances, an owner of land is only bound by
restrictions if they appear in some deed of record in the conveyance to [that owner]
or [that owner's] direct predecessors in title." (Buffalo Academy of Sacred Heart v.
Boehm Bros., 267 N.Y., supra, at 250, 196 N.E. 42; see, 4A Warren's Weed, op. cit.,
Recording, § 5.06; Restrictive Covenants, § 3.05, at 32-33; 5A Warren's Weed, op.
cit., Title Examination, § 5.18, at 67; 5 Powell, Real Property ¶ 67312], at
60-80--60-82.) Courts have consistently recognized and applied this principle,
which provides reliability and certainty in land ownership and use ( > see, Doyle v.
Lazarro, 33 A.D.2d 142, 144, 306 N.Y.S.2d 268, aft?d without opn. > 33 N.Y.2d 981,
353 N.Y.S.2d 740, 309 N.E.2d 138; > see also, Andy Assocs. v. Bankers Trust Co.,
49 N.Y.2d 13, 24, 424 N.Y.S.2d 139, 399 N.E.2d 1160; > Oak Lane Realty Corp.
v. Trinity Evangelical Lutheran Church, 7 N.Y.2d 984, 199 N.Y.S.2d 492, 166
N.E.2d 501, aff'g > 7 A.D.2d 1007, 185 N.Y.S.2d 228; cf., Ammirati v. Wire
Forms, 76 N.Y.S.2d 379, rev'd 273 App.Div. 1010, 78 N.Y.S.2d 844, affd without
opn. > 298 N.Y. 697, 82 N.E.2d 789, supra; > Matra v. Simidian, 79 A.D.2d 1046,
435 N.Y.S.2d 182;
As to a development condition or covenant, the record must be establish with
sufficient clarity and definiteness that a general plan of development existed or that
a prospective purchaser of a residential lot in the original tract would have
reasonably inferred the existence of a covenant. A party seeking to enforce a
restriction on land use must prove, by clear and convincing evidence, the scope, as
well as the existence, of the restriction (see, > Willow Tex, Inc. v. Dimacopoulos, 68
N.Y.2d 963, 510 N.Y.S.2d 543, 503 N.E.2d 99; > Huggins v. Castle Estates, 36
N.Y.2d 427,369 N.Y.S.2d 80, 330 N.E.2d 48; > Premium Point Park Assn. v. Polar
Bar, 306 N.Y. 507, 119 N.E.2d 360).
Point III
The subject subdivision was developed in compliance with the Town's zoning. The
restriction on Lot 7, that the parcel shall not be further subdivided, exceeded the
Planning Board authority; the condition was imposed without any record of
deliberations or rationale for the condition, and in order to adopt such a condition the
record requires a nexus between the condition and the property ( US Supreme Court
Zoning cases).
Generally, a planning board is within its power in imposing conditions related to
fences, safety devices, landscaping, access roads, and other factors incidental to
comfort, peace, enjoyment, health, or safety of the surrounding area (see, 2
Anderson, New York Zoning Law and Practice §§ 21.04, 21.09-21.18 [3d ed. 1984].
However, in East Hampton the town planning board exceeded its authority when it
imposed height restrictions on buildings in proposed subdivision beyond limits
established in town's zoning ordinance as condition of subdivision approval.
In Macchio v. Planning Bd. of East Hampton the parcel was located in an
A-Residence Zone, and section 153-11 - 10 of the East Hampton Code (the Table o £
Dimensional Regulations) contains specific height restrictions for residences in that
zone. The residences can be 2 1/2 stories, a maximum height of 25 feet, and a
gabled roof, 32 feet. Here, the Planning Board, in order to protect the "vista", is
permitting only 22 feet or one story. The Planning Board has no authority to impose
such a condition (see, 2 Anderson, New York Zoning Law and Practice, § 21.11 [3d
Ed.]. It would be analogous to requiring a lot coverage maximum of 10% in an area
where the zoning ordinance permitted a maximum of 15%. Macchio v. Planning Bd.
of Town of East Hampton 578 N.Y.S.2d 355, 152 Misc.2d 622, (N.Y. Sup. 1991)
Excerpt from pages 578 N.Y.S.2d 357-578 N.Y.S.2d 358 ,Koncelik v. Planning Bd.
of Town of East Hampton, 590 N.Y.S.2d 900, 188 A.D.2d 469, (N.Y.A.D. 2 Dept.
1992) Excerpt from page 590 N.Y.S.2d 902.
I hope that this research assists you in coming to the conclusion, as I have, that the
unrecorded covenant would be unenforceable against the owner.
Very truly yours,
Patricia C. Moore
cc: Mr. Ioannou
Town Of Southold
P.O Box 1179
Southold, NY 11971
* * * RECEIPT * * *
Date: 06/09/03
Transaction(s):
1 Moratorium Waiver
Receipt~:
3068519
Subtotal
$250.00
Check#:03-068518
Total Paid: $250.00
Name:
ClerklD:
Moore, Patricia
51020 Main Rd
Southold, NY 11971
LINDAC
Internal ID: 76657
L. 0 ix/
~.7~4t
REAL
NED BY
C 0
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o
THE SUFFOLK COUNTY DEPARTMENT
SEWERAGE COLLECTION & Di~gSAL SYSTEM &
SUPPLY SYSTEM. AS REQUIRED BY THE SUFFOLK COUNTY
DEPARTMENT' OF HEALTH
P&TE APPROVED,
5~JFFOLK (~OUNTY DEPAR
PLANNING BOARD MEMBERS
BENNETT ORLOWSKI, JR.
Chairman
WILLIAM J. CREMERS
KENNETH L. EDWARDS
GEORGE RITCHIE LATHAM, JR.
RICHARD CAGGIANO
Town Hall, 53095 State Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1938
Fax (631) 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
April 17, 2001
Patricia Moore, Esq.
51020 Main Road
Southold, NY 11971
RE: Proposed Minor Subdivision of Constantine Ioannou
SCTM # 1000-23-1-14.7, 1000-23-2-5.6
Dear Ms. Moore:
The following resolution was adopted at a meeting of the Southold Town Planning
Board on Monday, April 16, 2001:
WHEREAS, this application is for a minor subdivision of 3 lots on 6.8 acres on Main
Road (State Route 25), between Orient Harbor and Long Island Sound in East Marion;
and
WHEREAS, this property is Lot Number 7 of the Brionngloid-by-the-Sea Subdivision,
which was filed in the Office of the County Clerk on August 22, 1978; and
WHEREAS, at public meetings on June 6, 1977, and July 18, 1977, the Planning Board
passed resolutions specifying that Covenants and Restrictions should be prepared
forbidding the resubdivision of any lot; and
WHEREAS, at a public hearing on the subdivision on June 27, 1977, the Planning
Board Chairman stated that: "We will tie down this property, the heirs and so forth, so it
cannot be resubdivided at some future time. This is our intent and we want to be very
clear about it and include Lot Number 7. We have said this but I want it to come out in
the hearing;" and
WHEREAS, the applicant replied, "Didn't we do that? We agreed to that before," and
the attorney later replied, "If the Board wishes, I will have the owner of Lot 7 sign
Covenants and Restrictions and have them filed with the Board;" be it therefore
Constantine Ioannou - PaRe Two - 4/17/01
RESOLVED, that the Southold Town Planning Board deny the subdivision application of
Constantine Ioannou, on the basis that the parcel cannot be further subdivided.
Please contact this office if you have any questions regarding the above.
Very,~.~/~f~.,truly yours, , ~
Bennett Orlowski, Jr.
Chairman
PATRICIA C. MOORE
Attorney at Law
51020 Main Road
Southold, New York 11971
Tel: (631) 765-4330
Fax: (631) 765-4643
Margaret Rutkowski
Secretary
February 26, 2001
Bennett Orlowski, Jr., Chairman
Southold Town Planning Board
Town Hall
53095 Main Road
P.O.Box 1179
Southold, NY 11971
(BY HAND)
RE: Brionngloid-By-the-sea subdivision
SCTM# 1000-23-1-14.7
Dear Chairman Orlowski:
IlAR - l 2001
Southold Town
Planning Board
Enclosed please find an application for subdivision
of my client's property together with the required
application fee. As you know the Covenants &
Restrictions were never filed which would have placed my
client on notice that his parcel could not be further
subdivided. This parcel is zoned r-80, conforms to
zoning. The applicant had intended to subdivide his
property for his children. Denying the applicant the
right to subdivide would pose an extreme hardship on the
applicant and his family.
Please accept our application, review it, and we
hope you will approve this small subdivision which
conforms to and exceeds zoning requirements.
Very t~ yours,
Moore
cc: Mr. Ioannou
Proiect Type: Minor
Status: Denial
SCTM # ' 1000 - 23.-1-14.7
Project Name: Ioannou, Constantine
Location:
LASER FICHE FORM
SUBDIVISIONS
Iuuu~ 6 I. Nfl?
The parcel is located n/o Main Road in East Marion
Hamlet: East Marion
Applicant Name: Patricia Moore, Esq.
Owner Name: Constantine Ioannou
Zone 1' R-80
Approval Date:
PLAT Si.qned Date:
OPTIONAL ADDITIONAL INFORMATION
A date indicates that we have received the related information
Zone 2:
C and R's ·
Homeowners Association '
R and M A,qreement:
Address:
County Filing Date:
Zone 3:
SCAN Date:
LOT NUMBERS SHOWN THUS, 17) ARE REFERENC£D
TO SUBDIVISION MAP OF BRIONNGLOID-BY-THE-SEA
FILED IN THE OFFICE OF THE SUFFOLK COUNTY
CLERK AS MAP NO. 6711
KEY NAP
$CALE~ i"=600'
3
PROPOSED
MINOR SUBDIVISION
FOR IOANNOU CONSTANTINE
AT EAST MARION
TOWN OF SOUTHOLD
SUFFOLK COUNTY , N.Y.
1000-23-01-14.?
1000-23-02-5.$
SCALE: 1'--100'
SEPTEMBER 7, 2000
southol~ T~
TOTAL AREA=B97,014 $,F, DR 6,8183 ACRES
TOTAL NE?, DF LOTS=3
AREA LOT I=92,332 S,F TO TIE LINE
AREA LIlT 2=114,B88 $,F, TE? TIE LINE
AREA LE?T 3=80,000 $,F, (EXCLUDING RE?~d) 88, B69
§UFFOLK COUNTY DEPARTMENT DF HEALTH SERVICES
HAUPPAUGE,
THIS IS TO CERTIFY THAT THE PROPOSED REALTY SUBDIVISION DR
VITD A MINEI
SiF, (INCLUDING
PECDN[C SUR~
BOX 909
TRAVELER
S~UTH~LD, NY
11971
9618
%1797
00-227