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HomeMy WebLinkAbout1000-125.-2-3.1LOT-LINE C,.HAN®E 51TUATE: LAUREL TOI/',IN: 50UTHOLP 5UPF=OLi< COUNTY, NY 5UPPOLK. COUNT'" TAX ~ I000 125 I000 125-2-z'.1 AI~F~L ICANT: JOAN A. SAUN[PFF~S BUN®ALOkl LANE h.'IATTITUC, K:, N.Y. Iiq52 CLIFFS ELBOI~I P-,OOh'l INC. C,/O JOAN A. SAUNE~EP--S BUN®ALOF~ LANE MATTITUC, K, N.Y'. IIq52 ®F~APHIC SCALE I"= 50' Lot; A Lot B N APPROVED BY PLANNING BOARD TOWN OF SOUTHOLD I"= 600' JOHN C. EHI,ERS LAND SURVEYOR 6 EAST MAIZq STREET N.Y.S. LIC. NO. 50202 RFCERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF,-\kHp serverklXPROS\03-116.pro PLANNING BOARD MEMBER,q MARTIN H. $IDOR · WILLIAM 'J. GP. EMERS KENNET~ L. EDWARDS GEORGE D. SOlZ)MON PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAllJNG ADI)RliS.~: P.O. Box 1179 ~uthold. NY 11971 OFFICE LOCATION: T.wn Hall Annex 54875 State Route 25 (car. Main Rd. & Youngs Avo.) Southold, NY Telephone: 631 Fast 681 765-3186 March 4, 2009 William C. Goggins, Esq. P.O. Box 65 13105 Main Road Mattituck, NY 11952 Re: Proposed Lot Line Change for Joan Saunders LoCated on the north side of Franklinville Road Laurel SCTIV~1000-125-2-3.1 & 4.1 Zoning District: Hamlet Business (HB) Dear Mr. Goggins: Enclosed pleasefind a plat signed by the Chairman of the Southold Town Planning Board-on March 3,~2009 issuing final approval for the action. Please contact this office if you have any questions regarding the above~ Very tru y yours, Tamara Sadoo ~ Planner encl. cc: Tax Assessors Building Dept. PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair RICPLARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR P.O. Box 1179 Town Hall, 53095 State l~oute 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 September 14, 2004 PLANNING BOARD OFFICE TOWN OF SOUTHOLD William C. Goggins, Esq. P.O. Box 65 13105 Main Road Mattituck, NY 11952 Re: Proposed Lot Line Change for Joan Saunders Located on the north side of Franklinville Road, Laurel SCTM#1000-125-2-3.1 & 4.1 Zoning District: Hamlet Business (HB) .... /Dear Mr. Goggins: The Southold Town Planning Board, at a meeting held on Monday, September 13, 2004, adopted the following resolutions: WHEREAS, this lot line change proposes to transfer 3,231 sq. ft. from Lot 1, which is has an existing area of 14,268 sq. ft., to Lot 2 which has an existing area of 20,448 sq. ft.; and WHEREAS, following the transfer, Lot 1 will equal 11,037 sq. ft. and Lot 2 will equal 23,679 sq. ft.; and WHEREAS, the action would decrease the area of Lot 1, thereby increasing the degree of nonconformity in the HB Zoning District but providing a parking lot for Lot 2 which is being used as a restaurant; and WHEREAS, the Zoning Board of Appeals granted a 3,231 sq. ft. lot area variance on July 1,2004 for the proposed action; therefore, be it RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, do an uncoordinated review of this Unlisted Action. The Planning Board establishes itself as lead agency, and as lead agency, makes a determination of non-significance and grants a Negative Declaration; and be it FURTHER RESOLVED, that both subject parcels are in the applicant's ownership and the Southold Town Planning Board hereby waives the public hearing upon this ap~ic~ton; and be it Saunders - Pa.qe Two - 9/13/04 FURTHER RESOLVED, that the Southold Town Planning Board grant conditional final approval upon the map, dated as last revised June 26, 2004, subject to the following requirements: 1. The submission of a revised map which contains the zoning district; and 2. The filing of new deeds with the Clerk of Suffolk County reflecting the above action. Upon filing, please submit a copy to this office for our records. Enclosed please find a copy of the Negative Declaration for your records. Very truly yours, house Chairperson encl. GOGGINS & PALUMBO ATTORNEYS AND COUNSELORS AT LAW P.O. Box 65 13105 Main Road MattRuck, New York 11952 Phone: (631) 298~200 Fax: (631) 2984214 WILLIAM C. GOGGINS, ESQ. ANTHONY H. PALUMBO, ESQ. June 27, 2007 Southold Town Planning Board P.O. Box 1179 Southold, New York 11971-0959 ,.,\tm: Antimony Crezza TRACY L. KARSCH, ESQ. Of Counsd DONNA M. PALMER Paralegal Re: Proposed Lot Line Change tbr Joan Saunders Located on the north side of Franklinville Road, Laurel SCTM#1000-125-2-3.1 & 4.1 Zoning District: Hamlet Business (HB) Dear Mr. Crezza: In connection with the above referenced matter, enclosed please find a copy of the recorded Deed and survey. If you have any questions or concerns, please do not hesitate to contact me. Thank you. WCG/mt enclosures JUN 2 8 2007 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Ntunber of Pages: 4 Receipt Number : 04-0136288 TRANSFER TAX NUMBER: 04-20022 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 125.00 02.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 12/14/2004 12:47:45 PM D00012360 315 Lot: 003.003 Received the Following Fees For Above Instrument Exempt Page/Filing $12.00 NO Handling COE $5.00 NO NYS SRCHG EA-CTY $5.00 NO EA-STATE TP-584 $5.00 NO Cert. Copies RPT $30.00 NO SCTM Transfer tax $0.00 NO Co~.Pres Fees Paid TRANSFER TAX NUMBER: 04-20022 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL $5.00 $15.00 $165.00 $0.00 $0.00 $0.00 $242.00 Exempt NO NO NO NO NO NO Edward P.Romaine County Clerk, Suffolk County Number of pages TORRENS Serial # Certificate Prior Cfi. # Deed / Mortgage Instrument .m Deed / Mortgage Tax Stamp Recording / Filing Stamps ,I FEES Page / Filiug Fee Handling 5. 00 TP-584 Notation EA-52 I7 (County) Sub Total EA-5217 (State) Comin. of Ed. 5. 00 Affidavit Certified Copy NYS Surcharge 15. __ Other Real Property Tax Service Agency Verification 00 Sub Total Grand Total c~ {-[ 9- 4lDist. 1000lo ,. 125.00I.,_,_o2.oooo3.ool 04052888 ~.000 ~.2500 0200 003003 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: William C. Goggins,PC P.O. Box 65 Mattituck, New York 11952 Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or : Spec./Add. TOT. MTG. TAX Dual Town __ Dual County Held for Appoimment Transfer Tax Mausion Tax The property covered by this mortgage is or will be improved by a one or two family dwelliug only. YES or NO If NO, see appropriate tax clause on page # of this instrument. , tl,~ ,~'; l, 5 Community' Preservation~ Fund Consideration Amount $ CPF Tax Due $ ,~ Improved Vacant Land TD , ~ ,,, L.' TD TD i; IN;/ Title Company Information i me 81 Suffolk County Recording & Endorsement Page This page forms part of the attached Joan A. Saunders TO Cliff's Elbow Inc. Confirmation Deed (SPECIFY TYPE OF INSTRUMENT) made by: In the Township of In the VILLAGE or HAMLET of The premises herein is situated ill SUFFOLK COUNTY, NEW YORK. BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. MPORTANT NOTIC If the document you've just recorded is your SATISFACTION OF MORTGAGE., please be aware of the following: If a portion ol' your monthly mortgage payment included your property taxes, *you will now need to contact your 1 ocal Town Tax Receiver so that you may be billed directly for all future property tax statements. Local propert,v taxes are payable twice a year: on or before January 10a and on or before May 3P~. Failure to ma k,e payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon ~l%wn Receiver of Taxes 200 Easl; i~unrise Highway North Lind~enhurst, N.Y. 11757 (631) 957-3 004 Riverhead Town Receiver of Taxes 200 Howell Avenue Riverhead, N.Y. 11901 (631) 727-3200 Brookhaven ?own Receiver of Taxes 250 East Mai~ Street Port Jefferson. N.Y. 11777 (631) 473-0236 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelter Island, N.Y. 11964 (631} 749-3338 East Hampton Town Receiver of Taxes 300 Pantigo Plact~,~ East Hampton, N.Y. 11937 (631) 324-2770 Smithtown Town Receiver of Taxes 99 West Main Street Smithtown, N.Y. 11787 (631) 360-7610 Huntington Town Receiver of Taxes 100 Main Street Huntington, N.Y. 117~t3 (631) 351-3217 Southampton Town Receiver of Taxes 116 Hampton Road Southampton, N.Y. 11968 (631) 283-6514 Islip Town Receiver of Ta,~es 40 Nassau Avenue Islip, N.Y. 11751 (631) 224-5580 Southold Town Receiver of Taxes 53095 Main Street Southold, N.Y. 11971 (631) 765-1803 aw 2/99 Sincerely, Edward P. Romaine Suffolk County Clerk CONSULTYOUR LAWYER BEFORE SIGNINGTHIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE, made the ,.3~/ ~ day of November , in the year 2004 BETWEEN JOAN A. SAUNDERS, residing at No# Bungalow Lane, Mattituck, New York 11952 party ofthefirstpart, and CLIFF'S ELBOW ROOM, INC., having offices at No# Main Road, Jamesport, New York 11947 party of the second part, W1TNESSETH, that the party of the first part, in consideration of NO CONSIDERATION dollars paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, inthe SEE, Schedule A attached hereto and made a part hereof BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed dated March 11, 1994 and filed in the Office of the Clerk of Suffolk County on March 11, 1994 under liber 11668 at page 204. THIS DEED is made to confirm the lot line change approved by the Planning Board of the Town of Southold, adopted September 13, 2004 an~d dated September 14, 2004; and pursuant to survey of John C. Ehlers Land Surveyor, surveyed 02-26-03, revised 04-03-03 and further revised 06-26-04. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said >remises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the m~provement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. INgq"l 1 NESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: /3.., .-' Q,- JOAN A. SAUNDERS STATE OF EWYORK :,~/l , COUNTY OF SUFFOLK On the ~ ~"~ay of November in the year 2004 , before me. the undersigned, personally appeared JOAN A. SAUNDERS , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person on behalf of which the individual(s) acted, executed the instrument~. NOTARY PUBLIC ELAINE ,* VILLAbi© ' ~ New YOY~, Notary Pubiio, uts 6 ,. f No, 01¥16029229, Suffolk C%IRI': Comrr,%sio~ Expires A~Ed 9,~ff-_,~J STATE OF , COUNTY OF On the day of in the year before me. the undersigned, a Notary Public in and for said State personally appeared . the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he/she/they reside(s) in (if the place of residence is in a city, include the street and street number if any, thereo0; that he/she/they know(s) to be the individual described in and who executed the foregoing instrument; that said subscribing witness was present and saw said execute the same; and that said witness at the same time subscribed his/her/their name(s) as a witness thereto [add the following if the acknowledgment is taken outside NY State] and that said subscribing witness made such appearance before the undersigned in the (insert the city or other political subdivision and the State or country or olher place the proof was taken). STATE OF On the day of in the year before me. the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person on behalf of which the individual(s) acted, executed the instrument {add Ihe following if the acknowledgment is taken outside NY Statel and that said subscribing witness made such appearance before the undersigned in the (insert the city or other political subdivision and the Slnle or country or other place the acknowledgment was taken) STATE OF , COUNTY OF On the day of in the year before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at that he is the of the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed h name thereto by like orden · argain anll ate WITH COVENANT AGAINST GRANTOR'S ACTS TITLE NO. TO SECTION BLOCK LOT COUNTY OR TOWN STREET ADDRESS stewart title insurance company %*° ~' ~ 300 EAST 42nd ST. 10th FLOOR · NEW YORK, NY 10017 (212) 922-0050 Fax (212) 983-1133 Recorded at Request of STEWART TITLE* RETURN BY MAIL TO: William C. Goggins, PC P.O. Box 65 Mattituck, New York 11952 ALL that certain plot piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Bayview, in the Town of Southold, County of Suffolk and State of New York bounded and described as follows: BEGINNING at a point on the Northwesterly side of Old Main Road (Franklinville Road) at the Southwesterly corner of the land now or formerly of Joseph P. Lebkuecher III, said Point of Beginning being distant 526 feet Southwesterly, measured along the Northwesterly line of Old Main Road (Franklinville Road) from its intersection with the Westerly line of Aldrich Lane and from said Point of Beginning: Running thence South 35 degrees 00'00" West along the Northwesterly line of Old Main Road (Franklinville Road), a distance of 24.90 feet; thence still along the Northwesterly line of Old Main Road (Franklinville Road ), South 20 degrees 44'50" West, a distance of 106.07 feet to the Southeasterly corner of Lot A as Shown on a Lot-Line Change Map prepared by John C. Ehlers Land Surveyor Dated February 26, 2003; thence North 62 degrees 43'00" West along said Lot A distance of 171.59 feet to the land now or formerly of Joseph P. Lebkuecher III; thence along the lands of Joseph P. Lebkuecher III the following three (3) course and distances: 1. North 30 degrees 36'00" East a distance of 50.00 feet; thence 2. North 44 degrees 54'50" East 139.98 feet; thence 3. South 38 degrees 20'00" East, a distance of 129.1 I feet to the Northerly side of Old Main Road (Franklinville Road) and the Point or Place of BEGINNING. gOT-LINE G~AN~ ~ITUATtE: LAUt~.F::L TOkqN, 5OUTHOLD ~UFPOLK C, OUNT'r', N'T' PLANNING BOARD MEMB~S JERILYN B. WOODHOUSE Chair 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 MEMORANDUM To: Planning Board From: Anthony Trezza Senior Planner Date: August 27, 2004 Re: Saunders Lot Line Modification SCTM# 1000-125-2,3.1 & 4.1 Application is for a lot line change between two parcels located in the Hamlet Business Distdct on the north side of Franklinville Road in Laurel. The proposal is to transfer/'J' 3,231 s.f. from Parcel 1 (1000-125-2-3.1)to Parcel 2 (1000-125-2-4.1)where ParceJ 1 will equal 11,037 s.f. and Parcel 2 will equal 23,679 s.f. Because the land transfei;.will make a non-conforming lot (Parcel 1) more non-conforming, the applicant obtained a lot area variance from the Zoning Board of Appeals on July 1, 2004. The reason for the lot line change is to allow for better control of the parking lot which currently encroaches on the adjacent property. The Planning Department has reviewed the application and finds that the submission is complete and ready for processing. Although the lot line change will result in increasing the degree of non-conformity for Parcel 1, no new lots are being created and the parking lot encroachment issue will be eliminated. The following actions are recommended: uncoordinated SEQR review 2. issuance of a Negative Declaration 3. the Planning Board waive the Public Hearing 4. grant Final Approval conditioned upon the submission of a revised map showing the zoning district 5. the applicant file new deeds with the County Clerk and submit copies for our records If the Board agrees, a Resolution will be prepared for the September 13, 2004 Public Meeting. APPEALS BOARD MEMBERSO Ruth D. Oliva, Chairwoman Gerard E Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. http://southoldtoWn.nor th fork.net Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 1, 2004 ZBA No. 5537 ;'JOAN A. SAUNDERS Property Location: 1095 Franklinville Road, Laurel; CTM 125-2-3.1 and 4.1. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the properly 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 property is located on the north side of Franklinville Road, Laurel, and is improved with four buildings, shown on the April 3, 2003 lot-line change survey map, revised June 26, 2004 i)y John C. Ehlers, L.S. The maps shows that CTM Lot 3.1 consists of 14,268 sq. ft., and CTM Lot ~.1 consists of 20,448 sq. ft. ? BASIS OF APPLICATION: Building D6~artment's January 20, 2004 Notice of Disapproval, citing Code Section 100-92 in its denial of a request for a lot-line change between CTM Lots 3.1 and 4.1. The code requires a minimum lot area of 20,000 sq. is required in the Hamlet Business (HB) Zone District, minimum single side yard setback of 10 feet, minimum total side yards at 25 feet, and maximum lot coverage of 40 percent. The reasons noted in the disapproval were: (1) a single side yard for the existing two-story building will be reduced from ils present conforming (12 ft.) side yard lo 5 feet; (2) the total sides will be reduced from its present 24 feet, to 17 feet; and (3) the size of CTM 3.1 will be reduced from 14,268 sq. ft. to 9,025 sq. ft. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 22, 2004, 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: In the application, the applicant requested area variances in order to exchange a land area of 6,243 sq. ft. in this lot-line application and to allow increased building setbacks, as shown on the 2-26-03 map, revised 4-3-03 by John C. Eh/ers, L.S. The original request for variances was as follows: (1) a single side yard for the existing two-story building (Lot A) would be reduced from its present conforming 12 ft. side yard to 5 feet; (2) the total side setbacks of the two-story building (Lot A) would be reduced from its present 24 feet, to 17 feet; and (3) the size of CTM 3.1 (Lot A) would be reduced from 14,268 sq. ft. to 9,025 sq. ft. ADDITIONAL INFORMATION:AMENDED RELIEF: During the June 22, 2004 public hearing, the applicant's attorney indicated that a change in the map was pending with the surveyor. On June 30,. Page 2 - July 1, 2004 ZBA No. 5537 - Joan A, Saunders~ CTM 125-3-3.1 and 4.1 ~ 2004, the maps revised 6-26-04 by John C. Ehlers, L.S. were submitted, showing a re-division as follows: (1) Lot A of 11,037 sq. ft. and 80.64 ft. read frontage, (2) Lot B of 23,679 sq. ft. with 131.04 ft. road frontage, resulting in an exchange of only 3,231 sq. feet. The side setbacks for the existing two-story building and the restaurant building (those closest to the division line) were also changed to show an increase with conformity to the code requirements for total sides of at least 25 feet, and at least 10 feet on any single side yard. 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 relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Both lots have been developed for many years in this business zone district. The exchange of property will provide for control of the parking lot by the restaur.~nt landowner, rather than the parking being located on part of the adjacent lot. 2. TEe benefit sought by the applicant cannot be achieved by some method, feasible for the appii~ant to pursue, other than an area variance. There is no other land area available to achieve these intentions. 3. Although Lot B will be increased in size by 3,231 sq. ft., the variance is substantial, representing a reduction of 3,231 sq. ft. of Lot A. 4. The difficulty is self-created and is based on the placement of the existing buildings and size of the property in nonconformity with the code requirements. 5. No evidence has been submitted to suggest that a variance in this community of commercial uses will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of this relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an exchange of land area, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. 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 Dinizio, seconded by Member Goehringer, and duly carried, to GRANT the variance as applied for, as shown on the map revised 6-26-04 by John C. Ehlers, L.S. This action does not authorize or condone any current or future use, setback or other feature of the subject · Page 3 -July 1, 2004 ZI~A No. 5537 - Joan A. Saunal~k CTM 125-3-3.1 and 4.1 ~ property that may violate the Zoning Code, other than such/uses, setbacks and other features as are expressly addressed in. [his action. / /, ~,~ Vote of the Board: Ayes: Members Olive (Chairw~/ma~ ~'r~/o~oeJ~ger, and Dinizio. (Member ToHora was absent due to illness.) This Resol~on~a} ~dl~a~pte~{4-0). Vincent/~r~a~do~ ~/04 Approved for Filin( -- PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair 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 State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant September 13, 2004 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 7 (State Environmental Quality Rev,;ew Act) of the Environmental Law. The Southold Town Planning Goard, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed Lot Line Change for Joan Saunders SCTM#: SCTM#1000-125-2-3.1 & 4.1 Location: Located on the north side of Franklinville Road in Laurel SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This' lot line change proposes to transfer 3,231 sq. ft. from Lot 1 (SCTM#1000-125-2-3.1), which has an existing lot area of 14,268 sq. ft., to Lot 2 (SCTM#1000-125-2-4.1), which has an existing lot area of 20,448 sq. ft. Following the transfer, Lot 1 will equal 11,037 sq. ft. and Lot 2 will equal 23,679 sq. ft. Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed. No sensitive features exist on site. The determination was based upon the following: SEQR Neqative Declaration - Paqe Two No substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels; increase in solid waste production; increase in potential for erosion, flooding, leaching or drainage problems are expected to occur if the proposed action is implemented as planned. Note, however, that the Department of Health approval has not been issued, therefore, the feasibility of a septic system and associated impacts (if any) have not been fully evaluated. No removal or destruction of large quantities of vegetation or fauna is expected to occur. No substantial interference with the movement of any resident or migratory fish or wildlife species; impacts on a significant habitat area; substantial adverse impacts on a threatened or endangered species of animal or plant, or the habitat of such a species; or other significant adverse impacts to natural resources will occur. No Critical Environmental Area as designated pursuant to subdivision 617.14(g) is contiguous with the parcel. The proposed action is not in a si.qnificant mater a conflict with a community's current plans or goals as officially approved or adopted. The proposed action will not impair the character or quality of important historical, archaeological, architectural, or aesthetic resources or of existing community or neighborhood character, No major change in the use of either the quantity or type of energy will occur. No creation of a hazard to human health is expected to occur. The proposed action will not cause a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. For Further Information: Contact Person: Address: Telephone Number: Anthony P. Trezza, Senior Planner Planning Board (631) 765-1938 cc: Suffolk County Dept. of Health Suffolk County Water Authority Suffolk County Planning Commission Elizabeth Neville, Town Clerk Applicant WILLIAM C. GOGGINS, P.C. AT'FORNEY AND COUNSELOR AT LAW P.O. Box 65 13105 Main Road Mattituck, New York 11952 Phone (631) 298-4200 Fax (631) 298-4214 August 24, 2004 Southold Town Planning Board 53095 Main Road Southold, New York 11971 WILLIAM C, GOGGINS DONNA M. PALMER Paralegal Re: Joan A. Saunders; 1095 Franklinville Road, Laurel, New York; 1000-125.00-02.00-003.001; 1000-125.00-02.00-004.001 Lot Line change Dear Sir/Madam: Enclosed please find the following documents for the lot line change submission: 1. Subdivision application; 2. Eight (8) copies of survey; 3. Eight (8) copies of Variance approval dated July 1, 2004; 4. Check in the amount of $250.00. If you have any questions, please do not hesitate to contact the undersigned. Thank you. WCG\ enclosures V.e tm3yours, APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dinizio TOWN MEMO. thold, New York 11971-0959 Telephone (631) 765-1809 ZBA Fax (631) 765-9064 ~~-------"~http ://southo ldtown.noi~hfork.net BOARD OF APPEALS TO: Planning Board FROM: Ruth Oliva, Chairwoman, Zoning Board of Appeals DATE: May 19, 2004 SUBJECT: Request for Comments The ZBA is reviewing the following application for a June 22, 2004 public heating. Enclosed please find the Notice of Disapproval and ZBA application. The Planning Board may be involved regarding a pre-submission review under the site plan regulations of the Zoning Code. The file is available for review at your convenience. NAME TAX#/ ZB~A BD NOD VARIANCE / S PLANS PREPARER ZONE DATE/S DATE SAUNDERS / 125-2-3.1& 5537 1-20-04 LOT LINE 2-26-03 J. EHLERS, GOGGINS 4.1 HB CHANGE- SURVEYOR 1. SINGLE SIDE YARD & TOTAL SIDE YARDS 2. LOT AREA Your comments are appreciated. Thank you. TO: Goggins A/C Saunders PO Box 65 Mattituakc, NY 11952 FORM NO. 3 / NOTICE OF DISAPPROVAL ~'-'~ DATE: Janua~ 20, 2004 Please take ~lotice tbat your application, dated January 16, 2004 For permit for a lot lille cfiange at Locafion of properly 1095 Frankliuville Road, Lanrel, NY CountyTax Map No. 1000- Section 125 Block 2_ Lot 3.1 &4.1 Is relurned herewith and disapproved on lbe following grounds: The proposed lot line change on two contiguous parcels in the HB District, is not permitted, pursuant to Article IX, Section 100-92, which states; No bi ildi ~g or premises shall be used and no building or part tbereo£shall be erected or altered in the HB District unless the same couforms to tile Bulk Scbednle and Parking and // Loading Schedules incorporated into this chapter by reference, with the same force and chect as if such regulations were set forth fierein full." According to the bulk schedule, lots in tile HB District require a minimnm lot size of 20,000 square feet, a miuinmm single side yard setback of 10 feet, a minbnum total side yard setback of 25 feet, and a maxinnml lot coverage 0f40 percent. Following the lot line change, tax lot 4.1 will become more conforming, creating a lot qize of 26,691 square feet and relocating ao existing restaurant from all 8 foot single side yard setback to a 45 foot single side yard setback. However, tax lot 3.1 will becmne more non-conforming. The lot line change will restdt in a lot size of 8,0_25 square feet fi-om 14,268 sq~mre feet and a siqgle side yard setback of 5 feet and a total side yard setback of 17 feet.. Total lot cover~¢, on both parcels will be less than 40 perceut. N°te t° a ~"" '2' '" '~'; )Al y.y,~h ge ~r-7~viation to the above referellced allplication, nlay require~ further, gl.evieW"l','v, tlr~ · . . Author~ged Si nature CC: file, Z.B.A., Planuing Board APPLICATION TO THE SOUTHOLD TOWN BOARD OF AP~oa~o o- ~ ~ = t ~ For Office Use Only ~-~ ~-~/ ,~ ~ .~ ~ Parcel Location: House No.1095 StreeIFranklinville Road llamlet Laurel 3,l_& 1000 Section 125 Block 2 L01(s~Lot Size Zone District HB SCTM I (WE) APPEAL THE WRITTEN DETERMINATION OF TIlE BUILDING INSPECTOR DATED'. January 20, 2004 A. Applicant/Owner(s): Joan Saunders c/o William 12. Goggins Mailing Address: P.O. Box 65, Mattituck, New York 11952 631-298-4200 [/~ 631-298-4214 Telephone: AnthorizedRepresentative: William C. Goggins, A:torney P.O. Box 65, 13105 Main Road, Mattit/uck, New York 11952 Address: Telephone: 631-298-4200 ~-K', 631-298-4214 Please specify who you wish correspondence tb be mailed to, front the above listed acm?s: [] Applicant/Owner(s) ~ Anthorized Representative [] Other: ~VIIEREBY TIlE BUILDING INSPECTOR DENIED AN API'LICAT1ON DATEDJanua~[yy'~,~ ~004 ~ ~' FOR: ~ Bnlidlng Permit O Certificate of Occapancy [] Pre-Certificate of Occnpancy D Change of Use 13 Permit for As~Bnilt Construction Other: Permit; for lot line change Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by mnnbers. Do not quote the code. Article IX Section 100- 92 Snhsection Type of Appeal. An Appeal is made roi': I~ A Variance to the Zoning Code or Zoning MalI. [] A Variance tine to lack of access required by New York Town Law-Section 280-A. FI Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal [] has III has not been made with respecl to this property UNDER Appeal No. Year Page 2 of 3 - Appeal Application Pad A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced In the CHARACTER of the neighborhood or a detriment to nearby properties, If granted, because: The two(2) parcels aEfected by the lot line change are in the center of the Laurel Business District. (2} The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The only other me~:)d would be a perpetual easement running with the land, which is not desirable and the Planning Board would rather have the variance than an easement {3} The amount of relief requested is not substantial because: It does not have any impact upon the surrounding properties and neighbors (4) The variance will NOT have an adverse effect or Impact on the physical or environmental conditions In the neighborhood or dlstrlct because: The lot line change merely provides a new lot line along ~he existing edge of the parking lot (5) Has the variance been self-created? (x) Yes, or ( ) No. If not, Is the construction exlstlng, asbullt? { ) Yes, or ( )Nc. Restaurant owner purchased adjacement parcel for the purpose of expanding its parking lot over 30 yrs. past. (6} Additional Information about the surrounding topography and building areas that relate to the difficulty In meeting the code requirements: (attach extra sheet as needed) None This is the MINIMUM thai Is necessary and adequate, and at the same time preserves and protects the character ct the neighborhood and the health, safety, and welfare ct the community. ( ) Check thls box and complete PART B, Questions on next page to apply USE VARIANCE STANDARDS. (Please consult your aiforneyt), ~Dlher~/lse, please proceed to the signature and notary area below. ~//~ ~/ /~~u horized kent Signature of AISpellar~t~r Al t g Sworn to before m.e, this ~/~-~-/ (Agent must submit Authorization from Owner) _day of ~ ..... 200~. (Notary Public) Applicant(s): PROJECT DESCRIPTION (Please include with Z.B.A. Application) Joan SAunders II, If building is existing and alterations/additions/renovations are proposed.' A. Please give the dimensions and overall square footage of extensions beyond existing building: Dimensions/size: N/A 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: If land is vacant: Please give dimensions and overall square footage of new construction: Dimension/size: Square footage: Height: III. Purpose and use of new construction requested in this application: N/A IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): Pre-existing building. Need lot line change to include pre-existing parking lot upon restaurant property V. Please submit seven (7) photos/sets after staking comers of the proposed new construction. N/A 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 Is the subject premises listed on the real estate market for sale? [~ Yes X] No B, Are there any proposals to change or alter land contours? E Yes :g~ No 1) Are there any areas that contain wetland grasses? No 2) Are the wetland areas shown on the map submitted with this application? lq/A 3) I.s the property bulk headed between the wetlands area and the upland building area? ~o 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? Iq/A (If 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? Iqone (If none exist, please state F. Do you have any construction taking place at this time concerning your premises?_ No If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. G. Do you or any co-owner also own other land close to this parcel? '/es _ If yes, please explain where or submit copies of deeds. * H. Please list present use or operations conducted at this parcel restaurant/reta±l bus:[ness and proposed use change as shown on survey subm±tted herew±eh 0?/30/2004 14:37 APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora V'mcer~t Orlando James Dinizio, Jr. ZBA http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD July 30, 2004 PAGE 01 SoutholdTownHall 53095Main Road RO. Box 1179 Southold, NYl1971-0959 Tel. (631) 765-1809 Fax(631) 765-9064 Bv Reoular Mail and F~ Transm ss,ion 298-4214 William C. Goggins, Esq, 13105 Main Road P.O. Box 65 Mattituck, NY 11952 Re: AppeaJ No. 5537 - Saunders (Variance) Dear,~ooggins: Please find enclosed a copy of the' variance determination rendered by the Board of Appeals at its July 1, 2004 Meeting. Please be sure to contact the Planning Board and Inspector Offices regarding the next step in the building/zoning review process. You may want to furnish an extra copy of the enclosed determination to their Department when submitting any other final documents that may be requested in their reviews. Thank you. Very truly yours, Kowalski Enclosure Copy of Decision 7/30/04 to: Building Department Planning Department 07130/2004 14:37 63176590~I APP~ BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard E Goehfinger Lydia A. Tortora Vincent Orlando James Dinizio, Jr. ZB~ http~//southoldtown.northtork.net PAGE 02 Southold Town Hall 53095 Main Road P.O, Box 1179 Southold, l"tY 11971-0959 Tel. (631) 76S-1809 Fax (631) 765-9064 BOARD O1~ APP]~A~S TOWN OF SOtFJ[~OLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 1, 2004 ZBA No. 5537 - JOAN A, SAUNDERS Properly Location: 1095 Franklinville Road, Laurel; CTM 125-2-3.1 and 4.1. SEQRA DETERM NATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines mat 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 property is located on the north side of Franklinville Road, Laurel, and is improved with four buildings, shown on the April 3, 2003 lot-line change survey map, revised June 26, 2004 by John C. Ehlers, L.S. The maps shows that CTM Lot 3.1 consists of 14,268 SCl. ft., and CTM Lot 4.1 consists of 20,448 sq. ff. BASIS OF APPLICATION: Building Department's January 20, 2004 Notice of Disapproval, citing Code Section 100-92 in its denial of a request for a lot-line change between CTM Lots 3.1 and 4.1. The code requires a minimum lot area of 20,000 sq. is required in the Hamlet Business (HB) Zone District, minimum single side yard setback of 10 feet, minimum total side yards at 25 feet, and maximum lot coverage of 40 percent. The reasons noted in the disapproval were: (1) a single side yard for the existing two-story building will be reduced from its present conforming (12 ff.) side yard to 5 feet; (2) the total sides will be reduced frOm its present 24 feet, to 17 feet; and (3) the size of CTM 3.1 will be reduced from 14,268 sq. fi. to 9,025 sq. ft. FINDINGS OF F. ACT The Zoning Board of Appeals held a public hearing on this application on June 22, 2004, at which time wriffen 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: In the application, the applicant requested area variances in order to exchange a land are~ of 6,243 sq. ft. in this lot-line application and to allow increased building setbacks, as shown on the 2-26-03 map, revised 4-3-03 by John C. Ehlers, L.S. The odginal request for variances was as follows: (1) a single side yard for the existing two-story building (Lot A) would be reduced from its present conforming 12 ft. side yard to 5 feet; (2) the total side setbacks of the two-story building (Lot A) would be reduced from its present 24 feet, to 17 feet; and (3) the size of CTM 3.1 (Lot A) would be reduced from 14,268 sq. fi. to 9,025 sq. f. ADDITfONAL INF. ORMATION:AMENDED RELIEF: During the June 22, 2004 public headng, the applicant's affomey indicated that a change in the map was pending with the surveyor. On June 30,. D?/30/2004 ~4:37 53~75590 ZB~ P~6E Page 2 -July 1, 2004 7.,B^ No, 5537 - Joan A. Saunders CTM 12.~3-3.1 and 4.1 03 2004, the maps revised 6726-04 by John C. Ehlers, L.S. were submiffed, showing a m-division as follows: (1) Lot A of 11,037 scl. ff. and 80.64 fi, road frontage, (2) Lot B of 23,679 sq. ft. with 131.04 ff. road frontage, resulting in an exchange of only 3,231 SCl. feet. The side setbacks for the existing two-story building and the restaurant building (those closest to the division line) were also changed to show an increase with conformity to the code requirements for total sidea of at least 25 feet, and at least 10 feet on any single side yard~ REASONS FQR.BOARD ACTION: On the basis of testimony presented, materials submitted and pemonal inspections, the Board makes the following findings: 1. Grant of the relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Both lots have been developed for many years in this business zone district. The exchange of property will provide for control of the parking lot by the restaurant landowner, rather than the parking being located on part of the adjacent lot. 2. The benefit sought by the applicant cannot be achieved by soms method, feasible for the applicant to pursue, other than an area variance. There is no other land area available ~ achieve these intentions. 3. Although Lot B will be increased in size by 3,231 sq. ft., the variance is substantial, representing a reduction of 3,231 sq. ft. of Let A. 4. The difficulty is self-created and is based on the placement of the existing buildings and size of the property in nonconformity with the code requirements. 5. No evidence has been submitted to suggest that a variance in this community of commercial uses will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of this relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an exchange of land area, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. 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 Dinizio, seconded by Member Goehringer, and duly carried, to GRANT the variance as applied for, as shown on the map revised 6-26-04 by John C. Ehlers, L.S. This action does not authorize or Condone any culTent or future use, setback or other feature of the subject Page 3 - Ju¥ 1, 2004 ZBA No. 5537 -Joan A. Saunders CFM 125-3-3.1 and 4.~ PAGE 04 property that may violate the Zoning Code, other than such/uses, setbacks and other features as are expressly addressed in this action./J Vote of the Board: Ayes: Members Olive (ChairwOman, ~[~n~o~oeJ~nger, and Dinizio. (Member Tortora was absent due to illness.) This Reso~tlon_v~a,~ ~l'[Jl~a~pte~'~4-.0). Vincent~O"rla~do'~ ~)~/04 - Approved for Filln APPEALS BOARD MEMBERS . Ruth D. Oliva, Chairwoman Gerard P. Goehringer ~ Lydia A. Tortora ~ Vincent Orlando James Dinizio, Jr. Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATI' MEETING OF JULY 1, 2004 ZBA No. 5537 - JOAN A. SAUNDERS Property Location: 1095 Franklinville Road, Laurel; CTM 125-2-3.1 and 4.1 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 property is located on the north side of Franklinville Road, Laurel, and is improved with four buildings, shown on the April 3, 2003 lot-line change survey map, revised June 26, 2004 by John C. Ehlers, L.S. The maps shows that CTM Lot 3.1 consists of 14,268 sq. ft., and CTM Lot 4.1 consists of 20,448 sq. ft. BASIS OF APPLICATION: Building Department's ,January 20, 2004 Notice of Disapproval, citing Code Section 100-92 in its denial of a request for a lot-line change between CTM Lots 3.1 and 4.1. The code requires a minimum lot area of 20,000 sq. is required in the Hamlet Business (HB) Zone District, minimum single side yard setback of 10 feet, minimum total side yards at 25 feet, and maximum lot coverage of 40 percent. The reasons noted in the disapproval were: (1) a single side yard for the existing two-story building will be reduced from its present conforming (12 ft.) side yard to 5 feet; (2) the total sides will be reduced from its present 24 feet, to 17 feet; and (3) the size of CTM 3.1 will be reduced from 14,268 sq. ft. to 9,025 sq. ft. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 22, 2004, 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: In the application, the applicant requested area variances in order to exchange a land area of 6,243 sq. ft. in this lot-line application and to allow increased building setbacks, as shown on the 2-26-03 map, revised 4~3-03 by John C. Ehlers, L.S. The original request for variances was as follows: (1) a single side yard for the existing two-story building (Lot A) would be reduced from its present conforming 12 ft. side yard to 5 feet; (2) the total side setbacks of the two-story building (Lot A) would be reduced from its present 24 feet, to 17 feet; and (3) the size of CTM 3.1 (LotA) would be reduced from 14,268 sq. ft. to 9,025 sq. ft. ADDITIONAL INFORMATION:AMENDED RELIEF: During the June 22, 2004 public hearing, the applicant's attorney iq.dicated that ~ change in the map was pending with the surveyor. On June 30, Page 2-July 1. 2004 ZBA No. 5537 - Joan A. Saunders CTM 125-3-3.1 and 4.1 2004, the maps revised 6-26-04 by John C. Ehlers, L.S. were submitted, showing a re-division as follows: (1) Lot A of 11,037 sq. ft. and 80.64 ft. road frontage, (2) Lot B of 23,679 sq. ft. with 131.04 ft. road frontage, resulting in an exchange of only 3,231 sq. feet. The side setbacks for the existing two-story building and the restaurant building (those closest to the division line) were also changed to show an increase with conformity to the code requirements for total sides of at least 25 feet, and at least 10 feet on any single side yard. 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 relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Both lots have been developed for many years in this business zone district. The exchange of property will provide for control of the parking lot by the restaurant landowner, rather than the parking being located on part of the adjacent lot. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. There is no other land area available to achieve these intentions. 3. Although Lot B will be increased in size by 3,231 sq. ft., the variance is substantial, representing a reduction of 3,231 sq. ft. of Lot A. 4. The difficulty is self-created and is based on the placement of the existing buildings and size of the property in nonconformity with the code requirements. 5. No evidence has been submitted to suggest that a variance in this community of commercial uses will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of this relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an exchange of land area, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. 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 Dinizio, seconded by Member Goehringer, and duly carried, to GRANT the variance as applied for, as shown on the map revised 6-26-04 by John C. Ehlers, L.S. This action does not authorize or condone any current or future use, setback or other feature of the subject Page 3- July 1, 2004 ZBA No. 5537 - Joan A. Saunders CTM 125-3-3.1 and 4.1 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 O liva (ChairwOman, ~[,~r)d~/GoeJ;~nger, and D iniz,o. (Member To,ora was absent due to illness.) This Reso~on~dl~pte~(4-0). Vin~ntt~r~a~do ~l~ l~ - ~pprovod for Filing-- THIS LOT cHAN~E BETWEEN {V/~ (~/~o¥ ~,~ IS LOCATED ON IN ~'~/e/ SCTM# 1000-/,~ ~-- ~- ~.~ ~./ LOT LINE CHANGE AND Complete application received Application reviewed at work session Applicant advised of necessary revisions Revised sub mission received Lead Agency Coordination SEQRA determination Sent to County Planning Commission Review of SCPC report Draft Covenants and Restrictions received Draft Covenants and Restrictions reviewed Filed Covenants and Restrictions received Final Public Hearing Approval of Lot Line -with conditions Endorsement of Lot Line ms 1/1/90 PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMEPoS KENNETH L. EDWARDS GEORGE RITCHIE LATH. AM, JR. RICHARD CA(~GIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Subdivision Application Form Name of Subdivision: Saunders Suffolk County Tax Map # 1000- 125.00- 02.00- 003.001 1000- 125.00- 02.00- 004.001 Type of Subdivision: Major Cluster Subdivision: Yes Minor Set-Off Haml~: Laurel Street Location: 1095 Franklinville Road Acreage: .7 9 Number of Lots: two (2) ZoMng District: Hamlet Bussiness Date: August 23, 2004 $outhold Town Please list name, mailing address, and phone number for the people below: Applicant: Joan A. Saunders Agent handling the application: (Contact Person) William C. Goggins,Esq. P.O.Box 65 Mattituck, New York 11952 Property Owner(s): Joan A. Saunders 2) Cliffs Elbow Room, Inc. Surveyor: John C. Ehlers Land Surveyor 6 East Main Street Riverhead, New York 11901 Engineer: N/A Attorney: William C. Goggins, P.C. P.O.Box 65, 131Ob Main Road Mattituck, New York 11952 Other Agen~(s~ Has this property had a previous application to the Planning Board? Yes ~ Has this property previously received a SEQRA review? Yes ~ Have you had any pre-submission conferences with the Planning Board? Y~) No Does this application have variances from the Zoning Board of Appeals? (~) No Appl. No. 5537 Date Is this property adjacent to any bodies of water? Are there any wetlands on the property? Are th. ere public water mains in an adjacent street? / Is public water proposed for the subdivision? Is the majority of the property forested? Is any part of the property in active agricultural use? July 1, 2004 Yes Yes ~ Yes No Yes (~ Yes (~ Yes (~ Is there an existing or proposed sale of development rights on the property? Yes Is there a mortgage on the property? (~) No Does the owner own any adjacent properties? Yes o~ Are there any building permits currently pending on this property? SignatureofPreparer~~-~~ Ye, Date August 23, 2004 APPE'ALS BOARD MEMBERS Roth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. http://southoldtown.northfork.net Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 1, 2004 ZBA No. 5537 -'~IOAN A. SAUNDERS Property Location: 1095 Franklinville Road, Laurel; CTM 125-2-3.1 and 4.1. 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 property is located on the north side of Franklinville Road, Laurel, and is improved with four buildings, shown on the April 3, 2003 lot-line change survey map, revised June 26, 2004 by John C. Ehlers, L.S. The maps shows that CTM Lot 3.1 consists of 14,268 sq. ft., and CTM Lot 4.1 consists of 20,448 sq. ft. BASIS OF APPLICATION: Building Depadment's January 20, 2004 Notice of Disapproval, citing Code Section 100-92 in its denial of a request for a lot-line change between CTM Lots 3.1 and 4.1. The code requires a minimum lot area of 20,000 sq. is required in the Hamlet Business (HB) Zone District, minimum single side yard setback of 10 feet, minimum total side yards at 25 feet, and maximum lot coverage of 40 percent. The reasons noted in the disapproval were: (1) a single side yard for the existing two-story building will be reduced from its present conforming (12 ft.) side yard to 5 feet; (2) the total sides will be reduced from its present 24 feet, to 17 feet; and (3) the size of CTM 3.1 will be reduced from 14,268 sq. ft. to 9,025 sq. ft. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 22, 2004, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the properly, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: In the application, the applicant requested area variances in order to exchange a land area of 6,243 sq. ft. in this lot-line application and to allow increased building setbacks, as shown on the 2-26-03 map, revised 4-3-03 by John C. Ehlers, L.S. The original request for variances was as follows: (1) a single side yard for the existing two-story building (Lot A) would be reduced from its present conforming 12 ft. side yard to 5 feet; (2) the total side setbacks of the two-story building (Lot A) would be reduced from its present 24 feet, to 17 feet; and (3) the size of CTM 3.1 (Lol A) would be reduced from 14,268 sq. ft. to 9,025 sq. ft. ADDITIONAL INFORMATION:AMENDED RELIEF: During the June 22, 2004 public hearing, the applicant's attorney indicated that a change in the map was pending with the surveyor. On June 30, Page 2 - July 1, 2004 ZBA No. 5537 - Joan A. Saunders CTM 125-3-3,1 and 4.1 2004, the maps revised 6-26-04 by John C. Ehlers, L.S. were submitted, showing a re-division as follows: (1) Lot A of 11,037 sq. ft. and 80.64 ft. road frontage, (2) Lot B of 23,679 sq. fi. with 131.04 ft. road frontage, resulting in an exchange of only 3,231 sq. feet. The side setbacks for the existing two-story building and the restaurant building (those closest to the division line) were also changed to show an increase with conformity to the code requirements for total sides of at least 25 feet, and at least 10 feet on any single side yard. 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 relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Both lots have been developed for many years in this business zone district. The exchange of property will provide for control of the parking lot by the restaurant landowner, rather than the parking being located on part of the adjacent lot. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. There is no other land area available to achieve these intentions. 3. Although Lot B will be increased in size by 3,231 sq. ft., the variance is substantial, representing a reduction of 3,231 sq. ft. of Lot A. 4. The difficulty is self-created and is based on the placement of the existing buildings and size of the property in nonconformity with the code requirements. 5. No evidence has been submitted to suggest that a variance in this community of commercial uses will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of this relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an exchange of land area, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. 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 Dinizio, seconded by Member Goehringer, and duly carried, to GRANT the variance as applied for, as shown on the map revised 6-26-04 by John C. Ehlers, L.S. This action does not authorize or condone any current or future use, setback or other feature of the subject Page 3-July 1, 2004 Z[~A No. 5537 - Joan A. Saunders { CTM 125-3-3.1 and 4.1 property that may violate the Zoning Code, other than such/uses, setbacks and other features as are expressly addressed in. [his action. J r~ /~ ~0~0 Vote of the Board: Ayes: Members Olive (Chairw,,.ma,/~, ..y/,,,uer, and Dinizio. (Member Tortora was absent due to illness.) This Reso,~lon_~a/ t/~pt~!4-O). Vincent~(a~do~ 04 Approved for Filin( FORM NO. 3 NOTICE OF DISAPPROVAL DATE: January 20, 2004 TO: Goggins AJC Saunders PO Box 65 Mattituakc, NY 11952 Please take notice that your application, dated January 16, 2004 For permit for a lot line change at Location of property 1095 Franklinville Road, Laurel, NY CountyTax Map No. 1000- Section 125 Block2_ Lot 3.1 &4.1 Is returned herewith and disapproved on the following grounds: The proposed lot line change on two contiguous parcels in the HB District, is not permitted, pursuant to Article IX, Section 100-92, which states; "No building or premises shall be used and no building or part thereof shall be erected or altered in the HB District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein full." According to the bulk schedule, lots in the HB District require a minimum lot size of 20,000 square feet, a minimum single side yard setback of 10 feet, a minimum total side yard setback of 25 feet, and a maximum lot coverage of 40 percent. Following the lot line change, tax lot 4.1 will become more conforming, creating a lot size of 26,691 square feet and relocating an existing restaurant from an 8 foot single side yard setback to a 45 foot single side yard setback. However, tax lot 3.1 will become more non-conforming. The lot line change will result in a lot size of 8,025 square feet from 14,268 square feet and a single side yard setback of 5 feet and a total side yard setback of 17 feet.. Total lot coverage, on both parcels will be less than 40 percent. Note to Applicant: Any change or deviati.o.n to the above referenced application, may require furth.e? r~outhold Town Building Department. dAN 2 1 2004 S0uth01d Town CC: file, Z.B.A., Planning Board ?:aqning [?.oarrq EIZ20 A#pen~'x A State Environmental Ouality Bev/ew 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 formal 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 I end Unlisted Actions Identify the Portions of EAF completed for this project: ~Part 1 ~Part 2 E]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 magnitude and importance of each impact, it is reasonably determined by the lead agency that: ~7~A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a D~B. significant impact on the environment, therefore a negative declaration will be prepamd. 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.* 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 Name of Action Name of Le Print or Type Nilme of Responsible Officer in Lead Agency Title ~f Resp&nsible Officer g~gnature of I~esponsible Officer in Lead Agency Signature of Pr~arer (If diffefeht from responsible officer) Date Page 1 of 21 PART 1--PROJECT INFORM Prepared by Project Sponsor NOIICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the enviroqment. 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. is expected that completion of the full EAF will be dependent on information currently available and will not involve Intew studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. NAME OF ACTION Saunders LOCATION OF ACTION (Include Stree~ Address, Municipality and County) 1095 Frankl~nville Road, Laurel, New York NAM E OF APPLICANT/SPONSOR J BUSINESS TELEPHONE Joan A. Saunders c/o William C. Oo~Rins ( ) ADORESS P. O.~BO~' 65 I STATE ZIP CODE C~TY~O NY 1-1952 Matti~k NAME OF O~qER (If dltfereN) ' J eUSlNE88 TELEI~HONE ~Toan A. Saunders J (* ADDRESS Bungalow Lane ~O t tuck I. aTATE I ZIP COOE .NY · 11952 DESCRIPTION OF ACTION Lot Line Change Please Complete Each que~tiofl-indlcate N.A. i( not applicable A. Site Desoflption Physical setting of overall project~ both developed Ind undeveloped areas, 1. Present land use: nOrban I-Ilfldustdal I~Commercial r'lForest [:]Agriculture rlO~her 2. Total acreage of project area: .79 acres. APPROXIMATE ACREAGE 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) acres , acres 3, What is predominant soil type(s) on project site? a. Soil drainage: (:]Well drained 100 % of site OModerateiy well drained % of site (]Poorly drained % of site b. If any agricultural land is in'volved, how many acres of soil are classified within soil group 1 through 4 of the N Land Classification System~' 0 acres. (See I NYCRR 370). 4. Are there bedrock outcroppings on project site? OYes ~No a. What is depth to bedrock? (in feet) 2 C]Resldenflai (suburban) ORural (non,am 5 Approximate percentage of propo'T'~d project site wilh slopes [~0.10% % O10-] 5% % [~]]5% o~ grealer 6. Is project substantially contiguous to, or contaiu a buildin8, site, or district, listed on the State or the National Registers of Historic Places? U]Yes 7. Is project substantially contiguous to a site listed on the Registe(of National Natural Landmarks? 8. What is tile depth of the water table? ~ (in feet) 9. Is site located over a primary, principal, or sole source aquifer? [3Yes ]~No 10. Do huntingl fishing or shell fishing ·opportunities presently exist in the project area? [:]Yes 11~ Does project ;site contain:any species of plant or animal life that is identified as threatened or endangered? [3Yes :2~No According to Identify ea.ch species 12. Are there any unique or unusual land torres on the project site? (i.e., cliffs, dunes, other geological [ormations) [3Yes [~No Describe 13. Is the project site presently used by the community or neighborhood as an op~n space or recreation area? .I-lYes ~No If yes, explain 14. Does the present site include scenic views known to' he'lmportant"=t~ {he c6mmu~it~,{ ~ I-lyes :~No .15. Streams within or contiguous to project area: gTone - - a. Name-of Stream and name of River to which It is tributary 16. Lakes, pounds, wetland areas within or contiguous to project area: Iqone a, Name b. Size (In acres) 17. Is the site served by exlstl0g public utllltles? I~Yes I-IN0 / a) If Yes, does sufficient capacity exist to allow ¢onnectlont' {~Yes. i-INo b) .If.,.Y,,es, w!ll Improyements be necessary to allow connectlonl [:]Yes %3No 18. Is tl~e"?slte.lo~:ated-In an agricultural' dlsti'lct, cerUfled pursuant to Agriculture and Markets Law, Article 2S-AA. Section 303 and 304~ [:]Yes ~1o 19. Is the site located In or substantially contiguous to a Critical Environmental Area designated pursuant to Article.8 of theECL, and 6 NYCRR 617{ I-lYes 3{~No ' 20. Has. the site ever been used for the d'lsposal of solid or hazardous wastes~ [:3Yes r;3No B. ProJeot Oesoriptlon :1. Physical dimensions and scale of project (fill in dimensions as appropriate) a.' Total:contiguous acreage owned or controlled by project sponsor ,7c.} ' b. Prolect acreage to be developed: 279 acre's Initially; .79 c. Project acreage to remain undeveloped 0 acres. d. Length of project, in miles:. Iq/A (If appropriate) e. 'If the project is an expansion, indicate percent of expansion proposed f. Number of off-street parking spaces existing 16 ; proposed 4 g. Maximum vehicular trips generated per hour h. If residential: Number and type of housing units: One Family Two Family Initially Ultimately i. DIn)ensions (in feet) of largest proposed structure height; j. Linear feet of frontage along a public thoroughfare project will occupy Is? 186 acres~ acres ultimately. 0 %; 16 · (upon' completion of project)? Multiple Family Condominium width; __. length. ft. ~ock, eat:, e c ) will be ~emoved from lite! 0 2 Flow much natural material 3. Will disturbed areas be reclaimed! fi]Yes ~No CJN/A a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? E]Yes E3No c. Will upper subsoil be stockpiled for reclamation? E]Yes ONo 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed'from site? 0 acres. 5. Will any mature {orest (over 100 years'old) or other locally-important vegetation be removed by this project? months, (including demolition). tons/cubic yards _ month year, (including demolition}. month year. ~ E]Yes ~No ; after project is complete OYes ~No 6. If single phase project: Anticipated period o[ construclion 0 7. If multi-phased: a. Total number of phases anticipated 0 (number) h. Anticipated ~ate of, commencement phase 1 c. Approximate completion date of final phase . N/A d. Is phase 1 functionally dependent on subsequent phases? 8. Will hlas~in8 occur durtn8 construction? C]Yes 9. Number:~f jobs generated: during construction 0 10. Numb~'bf jobs eliminated by this project 0 11. Will project require relocation of any prolects or facilities? OYes ~]No If yes, explain, ~ 12. Is surface liquid waste disposal Involved[' E]Yes a. If yes, indica~te type of waste (sewage, industrial, etc.):and amounL b. Name of water body into which effluent w be discharged 13. Is subsurface liquid waste disposal involved? I-IYe/~ ~No Type 14. Will surface area of an existing Water body Increase or decrease by pr0posaU 15. Is project or any portion of project located In a 100 year flood plain? rlYes · ~ ' 16. Will the project generate solid waste? E]Yes ENo a. If yes, what Is the amount per month . tons "~' ' b. If yes, will an existing'solid waste faculty be used? [3Yes c. If~'yes. 8lye name ; location d. Will,any wastes not go into a sewage disposal system or into a sanitary landflll;J OYes ~No [3Yes ]~No .17. Will the project involve the disposal of solid waste~' ~Yes ~]No a. I~ yes, what i~ the anticipated rate of disposal? ton~/month. b. If yes. what Is the anticipated site life~ years. 18. Will project use herbicides or pesticides? C]Yes ~]No 19. Will project routinely produce odors (more than one hour per day)? IqYes ~No 20, Will project produce operating noise exceeding the local ambient noise levelst [3Yes 21. Will project result in an increase in energy use? E]Yes ~No If yes , indicate type(s) 22, if water supply is from wells, indicate pumpin~ capacity 8allonslminute. 23. Total anticipated water usage per day gallons/day. 24. Does project involve Local, State or Federal funding;' OYes ~No If Yes, explain ~]No 2S. ApprovaJs Required: Submittal Type Date City, Town, Village Board OYes City, Town, Village Planning Board t~'Yes ONo City, Town Zoning Board ~es ONo City, County Health Department OYes ~No Other Local Agencies C]Yes Other Regional Agencies OYes ~No State Agen~:ies OYes Federal Agencies OYes ~No C. Zoning and Planning Information Lot Line Change 8/24/04 Variances 7__/1/04 1. Does proposed action involve a planning or zoning decision? (i~es ONo If Yes, indicate decision required: ~zoning amendment /~oning variance I-tspecial use permit ~subdJvislon C]newlrevision of master ~lan C]resource management plan I-Iotl~er · 2..What is the zoning classificatlon(s)of the site? Hamlet Buss;ness 31 What is the maximum potential development of the site if developed as permitted by the present zoningi' Hamlet Bussiness - Restaurant/ Shop Osite plan · -..4'~Wb. et;Js'athe.propcsed zoning of.the.~site? Hamlet Bussiness S. What~ the max mum potential development of the site if developed as permitted by the'proposed i:onlng~ . Restaurant/ Shop 6. Is. thesproposed action consistent with the recommended uses in adopted local land use plans? ~'es 7. What,are the predominant land use(s) and zoning classifications within a ~ mile radius of proposed action? . H~rm~e t Bussiness 8. Is the proposed action compatible with adjoining/surrounding land uses within a i4 mlle~ /[~'es nNo 9. If the proposed action is the subdivision of land~ how many lots are proposed? , ' H/A · a. What Is the minlrnum lot size proposed? , 10. Will proposed action requ re any authorization(s) for the formation of sewer.or wa.ter districts? OYes /l~No · 11. 'Wil ,the proposed action create a.dema~d~or~an¥,!communlty providbd;ser:vices (recreation; education; polif:e, fire protection)? OYes /~No a. If yes, is existing capacity sufficient ~o handle projected demand? I-lYes I-INo · '12. Wlll'the proposed action result in the generation Of traffic significantly above present levels? OYes' ,,~No a. If yes, is the existing road nehvork adequate to handle the additional traffic? r-lyes ONo Attach any additional information as ma'/be needed to clarify your project· If there are or may be any 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 th~/in~rmation provided above is true to the best of my knowledge, Signature_ /-'/Y~/("/ / ..~ Title 4'~ .' Iwfl:~et;;:loc~:fmn :~~ Coastal Area,ind y/are a Hate agency, complete ;;e Co/astal Assessment Form before proceed ng 5 14-~6-4 (2/87~--Text 12 PROJECT LD. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM Fo¥ UNLISTED ACTIONS Only PART I--PROJECT iNFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR I 2. PROJECT NAME Joan A. Saunders I Saunders 3~ PROJECT LOCATION: Southold Municipality County. Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 1095 Franklinville Road, Laurel, New York SEQR 5. IS PROPOSED ACTION: r"'JNew E~Expanslon J~Modificalionlalteration Lot Line change 6. DESCRIBE PROJECT BRIEFLY: Applicant seeks to move lot line between properties. ?. AMOUNT OF LAND AFFECTED: Initially · 7 9 acres Ultimately .7 9 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~es Variance issued by zoning board of appeals 0.0 No, describe briefly July 1, 2004 9. WHAT IS PRESENT LAND USE iN VICINITY OF PROJECT? [] Residential [] Industrial ~Commercial [] Agriculture [] Park/Forest/Open space [] OIher Restaurant/ Shop 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNOING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)?  Yes No If yes, list agency(s} and permit/approvals Planning Board 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?  Yes No If yes. list agency name and permiUapproval Zoning Board of Appeals 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Yes ~No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Appllcantlsponsor name;/! ,/W,i~'l 'J Oa~e: 8-23-04 If the action is In the Coastal rea, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 09/28/04 Transaction(s): Application Fees Receipt#: 2522 Subtotal $250.00 Check#: 2522 Total Paid: $250.00 Name: ClerklD: Saunders, Joan C/o Goggins P O Box 65 Mattituck, NY 11952 LINDAC SEP 2 8 2004 Southold Town Plar~f]ing Boa¢ Internal ID: 100855 LASER FICHE FORM SUBDIVISIONS Project Type: Lot Line Changes Status: Final Approval SCTM #: 1000- 125.-2-3.1 Project Name: Saunders, Joan Location: The property is located on the n/s/o Franklinville Road in Laurel. Hamlet: Laurel Applicant Name: Joan Saunders Owner Name: Joan Saunders Zone 1: HB Approval Date: PLAT Si,qned Date: ~/'~/0~' OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related information Zone 2: C and R's: Homeowners Association: R and M Agreement: Address: County Filing Date: Zone 3: SCAN Date: SCANNED Records Managemen~~_~_~