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HomeMy WebLinkAbout1000-8.-2-5~ATTI-IEWS ~ HA~ 45 H~fPTON RO~D SOUTHA~fPTON, N.Y. lt968 August 13, 1991 MS. Valerie Scopaz Planning Board Town of Southold Main Road Southold, NY 11971 Re: Map of Fishers Island Development Corporation - Vacant Land Owned by Nathan E. and Cynthia Saint-Amand Dear Valerie: Further to our telephone conversation earlier today, I am writing to set forth the information I have concerning the Saint-Amand property and the status of the FIDCO Map. In early July, I was retained by the Saint-Amands to investigate the status of their lot which bears Suffolk County Tax Map Number 1000-8-2-5. Their application for a SCDHS permit to build had been denied because that lot had been designated as unbuildable on the FIDCO Map that was approved by the Board of Review of the SCDHS in 1987. I obtained copies of relevant correspondence from Dick Strouse of Chandler, Palmer & King which indicate that the designation of the lot as unbuildable was apparently a last minute decision made at the time of approval. I have enclosed a copy of a letter from Robert Villa of the SCDHS to Dick Lark (December 4, 1987), a copy of a letter from Mr. Lark to Dick Strouse (January 13, 1988) and a copy of Mr. Strouse's response (February 1988). Also enclosed are excerpts of the FIDCO Map provided to me by Mr. Strouse, one of which shows the Saint-Amand property without cross-hatching and the other with cross-hatching indicating its unbuildability. Continued Ms. Valerie Scopaz Page 2 August 13, 1991 Based upon the correspondence and my telephone conversations with Mr. Strouse, I believe that the FIDCO Map originally submitted to the Board of Review reflected the subject property as a buildable lot. I am also quite certain that the property was shown as a buildable lot when the Planning Board approved the FIDCO Map in 1982. (At the time, it was owned by Cass Canfield.) My belief is further supported by the fact that the Town issued a vacant land Certificate of Occupancy for the property in 1985 immediately prior to the transfer by Canfield to the Saint-Amands and gave assurances to Philip Matthews, who represented the Saint-Amands on the purchase, that no minor subdivision would be necessary in connection with the conveyance as buildable lots of this lot and two others by Mr. Canfield to separate members of the Saint-Amand family. A copy of the CO is enclosed. On July 30, I met with Roy Reynolds of the SCDHS to discuss this matter. Mr. Reynolds, who was involved with the 1987 approval, told me that his agency did not make any independent determinations as to the building status of the various lots shown on the FIDCO Map and that it merely incorporated the advice as to buildability received from the Town and FIDCO. Accordingly, it is his belief that either the Town or FIDCO recommended that the subject property be redesignated prior to final approval, resulting in Mr. Villa's letter of December 4, 1987. In a telephone conversation with Mr. Reynolds last week, he advised me that approval could be granted to the Saint- Amands if he received notification from the Town and FIDCO that the Saint-Amand lot was in fact buildable. I then prepared and telecopied to FIDCO and mailed to Building Inspector Lessard a form letter which I believe would have satisfied Mr. Reynolds' requirement. Tom Doherty told me on Friday that the letter was apparently acceptable to FIDCO but that it would have to be reviewed with Mr. Lark. Mr. Lessard told me this morning that he did not want to sign the letter but that the problem would be resolved by having Chandler, Palmer & King erase the cross- hatching on the FIDCO Map that would be submitted to the Suffolk County Planning Commission and that the determination of that agency would allow the SCDHS to issue its approval, copies of my letter to Mr. Lessard of August 6 and of the form letter are enclosed. Continued Ms. Valerie Scopaz August 13, 1991 Page 3 Mr. Strouse told me this morning that, based upon the oral instructions from FIDCO and the Town, he would delete the cross-hatching on the Saint-Amand lot and deliver copies of the sections of the FIDCO Map to Tom Doherty by hand this afternoon. (I tried to reach Tom after our conversation but he had left for the day.) I do not know what procedures will be followed when the several copies of the Map are in Tom's hands. I am also unaware of what involvement the Suffolk County Planning Commission will have with this matter. I am most interested in learning the time frame you and other officials anticipate will be required before the Map can be finally approved. As I suggested to you, I do not believe any further Planning Board action will be necessary (other than to endorse the final prints and/or mylars) since the FIDCO Map to be submitted is the same one already approved except for lot line changes and minor subdivisions that were approved by the Board subsequent to 1982. I would appreciate it if you would keep me informed of every development and advise me of any information you may obtain through conversations or correspondence relating to the approval of the FIDCO Map and, in particular, the status of the Saint- Amand property. Sincerely, Stephen L. Ham, III SLH:ja Enclosures August 6, 1991 Mr. Victor Lessard Building Inspector Town of Southold Town Hall Main Road Southold, NY 11971 Re: Vacant Parcel of Land at Fishers Island, New York (SCTM # 1000 - 8 - 2 - 5) Dear Mr. Lessard: As you are aware, questions have been raised as to whether the referenced premises, currently owned by my clients Nathan and Cynthia Saint-Amand, constitute a buildable lot. The SCDHS recently rejected an application for a permit because the lot was shown as unbuildable on the FIDCO Map its Board of Review approved in 1987. The FIDCO Map was apparently altered to change the status of the property from buildable to unbuildable immediately before or after the Board's determination. (I have placed numerous telephone calls to you in the past two weeks attempting to determine how the lot is shown on the FIDCO Map you have in your office.) On July 16, I delivered to you a copy of a vacant land Certificate of Occupancy for this lot issued to Cass Canfield (another copy is enclosed) immediately prior to the transfer to the Saint-Amands. On the basis of that document and other assurances received from the Town that no minor subdivision would be necessary in connection with the acquisition of this parcel and two others by the Saint-Amand family, the Saint-Amands purchased the property in 1985. Having paid real property taxes since that time on an assessment indicating the parcel was indeed buildable and having received no notice (let alone an opportunity to be heard) concerning the change to unbuildable, the Saint- Amands were not aware of the change in status until the recent application to the SCDHS was denied. Continued Mr. Victor Lessard August 6, 1991 Page 2 On July 30, I met with Roy Reynolds of the SCDHS. Mr. Reynolds, who was familiar with the background of the FIDCO application but did not recall every detail, advised me that the SCDHS did not of its own accord designate the FIDCO lots as buildable or unbuildable; it merely accepted the designations made by the Town of Southold and FIDCO. Accordingly, he suggested that, in order for the SCDHS to issue a permit at this time, both the Town and FIDCO must indicate that the lot is indeed buildable. Since the Town issued a vacant land CO for the lot and FIDCO's predecessor, Fishers Island Estates, sold the lot as a "homesite" according to the original deed, there was obviously some mistake or miscommunication among the various parties involved in the approval of the FIDCO Map. In order to rectify the situation, we must provide the Board of Review with a letter from each of the Town and FIDCO expressing the opinion that the lot is in fact buildable. I have already spoken with Tom Doherty of FIDCO who foresees no problem with the issuance of such a letter by that corporation. Expecting that the Town will stand by its 1985 determination that this parcel is buildable, subject, of course, to compliance with applicable building, zoning, environmental health laws, rules and regulations, I have prepared and enclosed a draft letter for forwarding to the Board of Review. I would appreciate it if you would review it and, if it appears to be in order, have it re-typed on your letterhead and sign it and send it to the Board with a copy to me. My clients, whose architects have completed plans and engaged contractors and whose consultants have already obtained the requisite DEC approval, are understandably most anxious to clear the last two hurdles of SCDHS and Town approval so that construction can be substantially underway before cold weather arrives. Therefore, your prompt attention to this matter would be greatly appreciated. call. If you have any questions or comments, please give me a Sincerely, SLH:ja Enclosures Stephen L. Ham, III [Letterhead of Town of Southold Building Department] August , 1991 Board of Review Suffolk County Department of Health Services County Center Riverhead, NY 11901 Re: Vacant Land at Fishers Island; (SCTM # 1000 - 8 - 2 - 5) Gentlemen: Please be advised that we consider the referenced premises, a 2.3-acre parcel of vacant land which is currently owned by Nathan E. Saint-Amand and Cynthia C. Saint-Amand, to constitute a buildable lot. The premises were identified on the Map of Fishers Island Development Corporation submitted to you in 1987 by the designation "Saint-Amand". We understand that, at the time your agency approved the Map of Fishers Island Development Corporation in 1987, the aforesaid parcel was designated as an unbuildable lot. We therefore request that you amend your determination to the extent necessary so that this parcel will be recognized as buildable, provided that the owners can comply with all applicable building, zoning, health and environmental laws, rules and regulations in connection with any improvements to be made to the property. Very truly yours, Victor Lessard, Principal Building Inspector [Letterhead of Fishers Island Development Corporation] August , 1991 Board of Review Suffolk County Department of Health Services County Center Riverhead, NY 11901 Re: Vacant Land at Fishers Island; ~SCTM # 1000 - 8 2 - 5) Gentlemen: Please be advised that we consider the referenced premises, a 2.3-acre parcel of vacant land which is currently owned by Nathan E. Saint-Amand and Cynthia C. Saint-Amand, to constitute a buildable lot. The premises were identified on the Map of Fishers Island Development Corporation submitted to you in 1987 by the designation "Saint-Amand". We understand that, at the time your agency approved the Map of Fishers Island Development Corporation in 1987, the aforesaid parcel was designated as an unbuildable lot. We therefore request that you amend your determination to the extent necessary so that this parcel will be recognized as buildable, provided that the owners can comply with all applicable building, zoning, health and environmental laws, rules and regulations in connection with any improvements to be made to the property. Very truly yours, FISHERS ISLAND DEVELOPMENT CORPORATION By Robert Calhoun, Chairman MiCHAE~ A, LO~'RAND~ ~rked-up working for Fishers lots. It appears e department'S One clarification d map, is the a buildable lot." acceptable to the ~g map of the east Very truly you~Sk Robert A. villa, p.E. C~ie~ Engineer . Dlvi~ion of Env[romental Quality December 4, 1987 Mr. Richard Lark Main Road <]' Cutchogue, New York 11935 Re: Fishers Island Development Maps Dear Mr. Lark: We have completed our comparison of the m copy and the latest submission of the plan mad Island Development Corporation showing east that that the revised map is in harmony with concerns for water supply and sewage disposal. requested, which does not appear on the revis~ designation of the saint Armand parcel as if you can resolve this issue, the map will b department and will become the official worki end of the island. RAV/pd Roy Reynolds, P.E. '91 15:00 0000 ROGERS ENT. Inc. TEL 516-655-0605 P. AT"t'ORN~*Y &T tAW' january 15, 1988 chandler, palmer ~ King ~ Architect~, ~ngineers & surveyors 110 Gr°adway NO~W£Oh, Connec~iCut 06360 ~ ~TT: Richard ~' stroUme and Uohn D~iscoll Dear ~essers. Strou~e & Dfiscoll: 'Be advised that the Suffolk county Departmen SerVices granted approval on DeCember 4, 1987 add woula you ktnalY enclosing the approves map. please note.theY mino= amend~en:S to same. s~amP six sets of :he map wi~h the aPPr°=al ~orward same to my o~ice. Al~o send me your bil s~rvioes rendered. : I~ you have any questions, do not hesitate Very ~lth zs/b ~n¢lO~U~e Jul,22 '91 15:00 0009 ROGERS ENT, Inc. '.,ANDLER, PALMER & KING ~/~GHITEGT,~. E~GINEER~5 f~ SURVE:YOR~ PERCY JOE KING, R.A., A.I.A, RK~HARD H. $'rRousE, P.E., L$. GORDON C, HYDE, R.A.A.I.A, Richard ¥ . Lark, Esg. Main ROad P.O. Box 973 Cu%chogue, N. Y, 11935 Re: ¥IDCO Map TEL 516-655-0603 P. 2 FIDCO Maps. * Z would again point out p~oDerty ~ ~l~¢k 20 owned by Sai~i Amand, that you requested be shown as NOt a building Lot"l is lot on a proposed subdivision done in 1984 for Cass Canfie is considered to be a building lot in the eyes of Mr. Sain Please contact me if you have further questions. Very truly Richard RHS ~ ~ma' ,tl 1991 FORM tgO. 4 . .¥OV,'N OF $OUTHOLD BUILDING DEPARTMENT Town Clerk's Office S0uthold, N.Y. Certificate Of Occupancy No. Zi3070 Datc..P~5?N~E.]g ................... 198~. THIS CERTIFIESthatthc.~q~...- ..... Yg~J~.T .................................... PVT. R.O.W. Fishers Islan~ . Lo~tion of ~opc~y D~ ~ ................. $~et ............... County T~ Map No. I000 Section . ........ Block . 9~ ............ Lot .... qq~ .......... Subflidsion ............................... Filed Map No ......... Lot No .............. confSrms substantially to the appl~cab!e provisions of the Zoning:... C6de of the Town of Southold. The premises are located in the ....... ,,p,''~e~identSa']-~r~cu]tura] Zoned District and ~y be used.. for such uses as are presently authorized by the Zoning Code in such. district subject to, however, all of the-requirements Of the Zoning.. Code. The certificalc is issued lo Corrected CASS CANFIELD [owner, Building Inspector 20-7 ' ~'- · ~ / 20-iOA ~?~ APPROVED ....~..~ ...... u...~.~.. DfVISIO, OF EN¥tROrt,¥,ENTAL HEALTH DEPT. OF H~g~,SERVIC~, SUFFOLK COUN~ ~UPP~UGE. N.Y. DEC 0 ~ 198~ PLAN MADE FOR iS V-E -OPME NT CORP. =OWING EAST END LOTS - , '--ur:-,' :ov.4,,~=~ Au-.-uST 1981 NEW YORK CHANDLER, PALMER & KING o~,,*o., ~t/27/8~ NORWICH~ CC. NN. Noyes ~U~ $ U~NNT TO SE~A PLAN MADE FOR AND DEVELOPMENT CORP. _-)WING EAST END LOTS NEW YORK CHANDLER, PALMER & KING