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Home My WebLink About1000-15.-8-1.1 ..~ ~ Lor ~ - ToWN OF SOUTHOLD '~NO rr a. oz ~ ~1 N 88' 05' 20" E 183.89' SURVEY OF OPE T AT O~IENT 1000 15 - Scale 1" = 40' April 1£, 1990 CERTIFIED TO; 0C7~ fi, 2005 (ad~tional) SECURITY TITLE & GUARANTY CO. SOUTHOLD SAVINGS BANK DANIEL FISCHER NANCY FISCHER AREA = 1.6682 acres ?~, ~. s Prepared in accordance with the minimum standards for title surveys as established bfYo the L.LA.L.S. and approved and adopted r such uae by The Nbw York State Land Title Association. SOUTHOLD, N.Y. 11971 48818 90- 170 1.1 ISLAIVD 24.6 SOI4,~D ,1 SCH. D. 2 F.D. 25 L,O. 40 1.12 31.4 '~,rO,*,,,:,,. ,~OTICE ~ COUNTY OF SUFFOLK (~) j~~_~ SOUTHOLD ........................ E, LT~ ........ LE O" ~'~L~'P~RooI Property Tax Service Agency ~ PATRICIA C. MOORE Attorney at Law $1020 Main Road Southold, New York 11971 TeI:(631) 765-4330 Fax:(631)765-4643 Southold Town Planning Board Main Road Southold NY 11971 RE: DANIEL FISCHER SCTM: 1000-15-8-'1.1 April 25, 2006 Dear Chairman: With reference to the above, enclosed please find a copy of the NYS Department of Transportation application and Highway Work Permit. Please make a part of this file. Thank you. Very truly yours, Patricia C. Moore PCM/bp encls. Permit ~a~e. ms. reface Fee: Total Received: Check or M.O. No *Permittee STAT~F NEW YORK DEPARTMENT OF TRANSPOI~,~TION I~ HIGHWAY WORK PERMIT 25.~ ~.~ 5893 11957 Project Identification No Expiration Date: / / SH No.: O.~ Deposit Rec. for $ Check or M.O No.: Dated: 0.~ Estimated Cost of Work Perfdrmed in the State Right-of-Way $ Chargeable to Bond No: ($ ~.~} or Undertaking on File: Billing Address: (complete if different from above~ Return of Deposit Made Payable to: (complete if different from Permittee) Under the provisions of the Highway Law or Vehicle & Traffic Law. permission is hereby granted to the permittee to: or ~BE.~IPT ~;be tatntat~ed by peretttee un,It c~pletLonof york, etc. THE PERMITTER IS RESPONSIBLE FOR THE MAINTENANCE AND PROTECTION OF TRAFFIC. ANYONE WORKING IN THE STATE HIGHWAY RIGHT-OF-WAY IS REQUIRED TO WEAR HIGH VISIBILITY APPAREL {ORANGE[YELLOW) AND A HARD HAT. Sll~eL[ $~IIT~I.0 25 County - Municipality - Route # - as set forth and represented in the attached application at the particular location or area, or over the routes as stated therein, if required; and pursuant to the conditions and regulations general or special, and methods of performing work, if any; all of which are set forth in the application and form of this permit, Dated at: ~l~l{~ Commissioner of Trans rtation Date Signed: By IMPORTANT THiS PERM"", WiTH APPLICATION AND DRAWING (OR COPIES THEREOF)A'FFAC HED SHALL BE PLACED ,. THE HANDS OF THE CONTRACTOR BEFORE A.Y WORK BEGINS. THE HIGHWAY WORK PERM"" SHALL BE AVAILABLE AT THE SITE DURING CONSTRUCTION. BEFORE WORK IS STARTED A~ND UPi~i~IT~S COMPLETION, THE PERMI'I~E~i~I~T~Y MUST NOTIFY THE RESIDENT ENGINEER, (~{1)721-t7~1 ~l~ll~, UPON COMPLETION OF WORK AUTHORIZED, THE FOLLOWING WILL BE COMPLETED, SIGNED BY THE PERMfi'TEE AND DELIVERED TO TIlE RESIDENT ENGINEER. Work authorized by this permit has been completed. Refund of deposit or return/release of bond is requested DATE PERMITrEE AUTHORIZED AGENT (if Any) Work authorized by this permit has been satisfactorily completed and is accepted. Reverse side of this form must be completed, Refund of Deposit is authorized Return of Bond is authorized Amount charged against Bond may be released Retain Bond for future permits Forfeit of Guarantee Deposit is authorized Other F_.l Mailing address of refund has been verified. If different, list new address below. DATE RESIDENT ENGINEER ~U'u,,,:', ~,,,~ w,,, ,u,w~,,,J u,,~ ,U.,,, ,O t,,a ~a,n ~mce w,[n ~he ~ppfopriate box checked RETURN OF DEPOSiT/BOND TO (ComCete ~nly ii ~ier,~r, I Iiom permillee): MAP ~ OF ORIENT BY THE SEA FILED OCT. 23, 1961 FILE NO. 3444 LOT ~ N 88° 26' 00" E 114, E1' ~ TOWN OF SOUTHOLD ~ N 88° 05' 20" E 183,89' At~EA = 1.6682 acres ?~, ~ ~ SURVEY OF PROPER TY ~'~ A T ORIENT ~,¢,~,.~ ov~ ~.~_~? TOWN OF SOUTHOLD ~,~,~, q,~,~,~m~,,~'~ SUFFOLK COUNTY, N. Y. ~W/~d/ 1000 - 15 08 - 1. 1 ~Ro~ f4yF~ Scale 1" = 40' CERTIFIEO TO, ~ April 12, 1990 SECURITY TITLE & ~ARANTY CO, OC~ 17, 2005(ad~'ffona[) SOUTHOLD SA VlNG~ BANK DANIEL FISCHER NANCY FISCHER Prepared in accordance with the minimum standards for title surveys as established by the L.I.A.L.S. and approved and adopted for such use by The New York State Land Title Association, · BOX 1230 SOUTHOLD, ~ K 1192 PLANNING BOARD ME'RS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF $OUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: Ruth Oliva, Chairperson Zoning Board of Appeals From: Jerilyn B. Woodhouse, Chairperson Planning Board Date: April 27, 2006 Re: Request for comments on Daniel and Nancy Fischer SCTM# 1000-15-8-1.1 ZBA Application # 5833 In response to your request for comments, the Planning Board reviewed the Zoning Board of Appeals application for the above referenced property and offers the following comments and/or recommendations at this time. This proposal is to subdivide a 72,665 square foot parcel into two lots, where Lot 1 equals 41,687 square feet and Lot 2 equals 30,978 square feet in the R-40 Zoning District. The configuration of the lot lines is such that Lot 2 will be nonconforming with respect to lot area and the side yard setback for the existing structure. Staffhas inspected thc site and analyzed the lots in the surrounding neighborhoods and finds that the lots range in size from over one acre to less than half an acre. Accordingly, the Planning Board finds that the proposed subdivision to be consistent with the character of the adjoining neighborhoods and therefore has no objections to the issuance of the requested variances. However, the applicant should note the following: 1. It appears that access to Lot 1 will be from Main Road and therefore will require a curb cut permit from the New York State Department of Transportation. However, consideration should be given to providing a shared access from Ryder Farm Lane for Lots 1 and 2 to minimize the number of driveways on Main Road. 2. The subdivision application will be subject to review and/or approval by the Suffolk County Department of Health Services and the Suffolk County Planning Commission. If you have any questions or need additional information, please feel free to contact this office. APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, .Ir. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 TOWN MEMO TO: FROM: Planning Board Ruth D. Oliva, ZBA Chairwoman DATE: April 6, 2006 SUBJECT: Request for Comments Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor. North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Our Department has received and is reviewing the following application, and enclose copies of the Building Department's Notice of Disapproval, and application with the applicant's latest map. The Planning Board is involved under the site plan review steps under Chapter 100 (Zoning), and your review and comments are requested at this time concerning the proposed subdivision tower in the R-40 Zone. The file is available for review of additional documentation at your convenience. NAME TAX#/ ZBA BD NOD VARIANCE PLANS PREPARER ZONE DATE DATE STAMPED Fischer, 15.-8-1.1 5833 02/01/06 Subdivision 10/17/05 John T. Daniel R-40 Metzger, Zone Surveyor Your comments are appreciated as soon as possible. Thank you. Encls. TO: Patricia Moore Esq. For Daniel Fischer 51020 Main Road Southold, NY 11971 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: December 6, 2005 Amended: February 1, 2006 Please take notice that your application dated December 6th, 2005 For a permit for a subdivision at Location of property: 38785 Route 25, Orient, NY County Tax Map No. 1000 - Section 15 Block 8 Lot 1.1 Is returned herewith and disapproved on the following grounds: The proposed subdivision of a lot located in the R40 District is not permitted pursuant to Article II Section 100-32 which states: "No building or premises shall be used and no building or part thereof shall be erected or altered in the AC, R80, R120 R200 & R400 Districts unless the same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein full." According to the Bulk Schedule, minimum lot size is 40,000 square feet in total size. Following the proposed subdivision lot 2 will be non-conforming in total size, measuring 30,978 square feet in total size. In addition the existing structure is not permitted pursuant to Article XX1V, Section 100-244 which requires a minimum side yard setback of 15'feet. The survey indicates a side yard setback of 11.4'feet. *The structure situated on lot 2, indicated as a one story frame house is only recognized in Building Department records as a one story frame accessory building. Authorized Signature *Amended for status of structure on lot 2. ' ' APPLIC N TO THE SOUTHOLD TOWN RI) OF APPEALS Fee: $ Office Notes: For Of/Tce Use -- Filed By: Date Assigne(l;Assignment NO. Parcel Location: House No. Street 7~/ SCTM 1000 Section/5~ Block ~ Lot(s) ~ / Lot Size Hamlet Zone District I (WE) APPEAL THE WRITTEN DETE.~iVIINAT1ON OF THE BUILDING INSPECTOR DATED: Applicant/Owner(s): d~&/7/~/ .-~ c.~.~t~ Mailing Telephone: ,~qc,q~_ - 3o° Fo c~c> Telephone: Please specify who you wish correspondencex, tO be mailed to, from the above lister] namgs: Applicant/Owner(s) /l~Authorized ]Representative [] Other: TIlE VvnHEREBY DENIED AN APPLICATION DATED BUILDING INSPECTOR FOR: ~(Buiiding Permit [3 Certificate of Occupancy [3 Pre-Certificate of Occnpancy [] Change of Use [3 Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article // Section 100-,~ Subsection Type of AppeaL An Appeal is made for: ]gA Variance to the Zoning Code or Zoning Map. [3 A Variance due to lack of access required by New York Town Law-Section 280-A. 13 Interpretation of the Town Code, Article Section [3 Reversal or Other A prior appeal [3 has [3 has not been made with respect to this property UNDER Appeal No. Year Reason for Appeal Continued Zoning Board of Appeals re: Daniel Fischer Pursuant to Town Law section 267b-3 the Southold Town Zoning Board of Appeals is to analyze and assess the personal benefits anticipated by the applicant against the potentially deleterious effects that a grant of the relief requested would have on the health, safety and welfare of the effected neighborhood or community. In performing this balancing test, the Zoning Board is charged with the responsibility to consider the five factors enumerated in Town Law Section 267b-3(b). The variance should be granted for the following reasons: 1. No undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties, if the variance is granted. The property is situated on the North Side of Route 25, Orient adjacent to approximately 150 ~ acre lots. The property is improved with an original 1700's house and barn. The owner wishes to subdivide the historic home on one acre (conforming to r- 40 zoning) but the second lot on the corner with the barn is 30,978 sq. ft. just under one acre. The barn would be converted to a single family dwelling. The exterior of the barn would stay as it is. There will be no change to the character of either the property or the neighborhood, it will enable a historic structure to remain in it's existing location. The barn is no longer needed for farming, the reuse of the structure will be a benefit to the community and to the owner. 2. The benefit sought by the applicant can not be achieved by some method, feasible for the applicant to pursue, other than an area variance. The property can not be subdivided without an area variance for the one lot (formerly known as a set-off). The driveway access will remain from Ryder Farm Lane (a public road). The house wall retain their existing driveway access from Route 25. The barn, as a principal structure, if it remains in it's original location would require a setback variance. 3. The area variance is not substantial The application of the balancing test weighs in favor of the grant of the variance. This is one additional lot adjacent to a major subdivision of approximately 150 homes. The size of the proposed lots will be conforming to the existing homes in the adjacent development. More importantly the existing historic structure will be used as the single family dwelling. 4. The variance will have no adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The property is already developed with historic structures, the structures will not be materially altered and the Fischer family hopes to convert the barn for their own use, and provide the single family dwelling for the children. 5. The alleged difficulty was not self-created. The lot can not be developed without an area variance. Converting the existing barn to dwelling use is not an option under the present zoning code. 6. The variance requested is the minimum variance practicable given the personal benefits anticipated by the applicant. If the code permitted the use of accessory structures for dwelling purposes, this appeal would not be necessary and a subdivision application for the separate structure would not be required. We respectfully request that the appeal be granted, together with any further relief that is deemed necessary and reasonable. State of New York ) )ss Count~,7of Suffol~ ) Swor~/to this/l'gt~ day /~o t ar~P~c I~ETSY A. PERKINS ~ Public State of New York Oual~ied in Suffolk County MAP OF ORIENT BY THE SEA FILED OCT. 23, 1961 FILE NO. 3444 ~or ~ 26' oo- E ,4.2~' ~ ~'~ rOWN O~ sour~o~o ~ ~ rz N 88' 0~' tO" E PIPE AREA = 1.6682 acres Ye, ~ s CERTIFIED TO e SECURITY TITLE & GUARANTY CO. SOUTHOLD SA VINEiS BANK DANIEL FISCHER NANCY FISCHER Prepared in accordance with the minimum standards for title surveys as established by the L.I.A.L.S. and approved and adopted for such use b)~ The N~w York State Land Title Association. RECEIVED MAR ! 4 2006 ZONING BOARD OF APPEALS SURVEY OF PR OPER T Y AT ORIENT TOWN OF SOUTHOLD SUFFOLK COUNTY. 1000 - 15 - 08 - ~ Y' Scale., 1"= 40, April 12, 1990 OCT. 17, 2005 (ack~'tiona/) 90- 170 PATRICIA C. MOORE Attorney at Law 51090 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 November 18, 2005 Southold Town Planning Board Jerilyn B. Woodhouse, Chair P.O.Box 1179 Southold, NY 11971 Attention: Anthony Re: FiJ:her Property 1000-15-8-1.1 Main Road, Orient Dear Anthony: Enclosed is a proposed subdivision map of the above referenced property. The Fisher family wishes to subdivide the barn structure from the residence. We will need an area variance for lot 2, however, we would request a pre-submission conference with you and welcome your comments. Could you call me for a date when we could meet. ~e~ ti~ly~our s, ~Pa~ricia C. Moore LASER FICHE FORM SUBDIVISIONS Project Type: Standard Status: Incomplete SCTM # · 1000- 15.-8-1.1 Project Name: Fischer, Daniel Location: 38785 NYS Rt.,25, Orient Hamlet: Orient Applicant Name: Daniel Fischer Owner Name: Fischer, Daniel Zone 1: R-40 Approval Date: PLAT Signed 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 Filin.q Date: Zone 3: SCAN Date: SCANNED MAR 17 2O09 J Records Management