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1000-143.-3-33.2
tJILLIAM C r~OGGIN~ P,] GOGGINS AND PALUMBO Attorneys and Coun.~'eh;n~' ai Law 13105 Main Road, P.O. Box 65 Mattit. uck, New York I It)52 'I'EI.,~I'II@NE 631-291L,I20g ' F^X 62,1 FA£$1MH, E TRANSMISSION COVER $11EET DA I., FP, OM: TO: FIRM: /-- )~ Z-- William C. Ooggins '7' Donna M, I'ahncr AnthonyJt. I.~alumbg Elaine T, Villam) ..... IF YOU DO NOT RECEIVE ALI, OF TIlE I'AGE8 PLEASE CALL OUR OFFICE I'ROMI'TLY A'F (631) 298-4200 COMMENTS: DOCUMEN 1 S I.,NCLOSED. mmlhlellllM mul/~r legnll), Ipl'lvllt'j~td tnl'~wmniio.. TI, e h~hJrni.ll.n Is intended lilly for Iht linc O[ January. 22, 2007 GOGGINS & PALUMBO ATTORNEYS AND COUNSELORS AT LAW 13105 Main Road P.O. Box 65 Mattituck. New York 31952 Phone: (631) 2984200 Fax: (631) 29~4214 planning Board Town of Southold 53095 Main Road, P.O. Box 1170 $outhol~, New York 11971 ARm Mr. Anthony Trezza Re: Schoenhaar D~ar Mr. Trczza: Enclosed ple~.~e find the decision of the Zoning Board of Appeals, which granted the vmance for the lot sizes, but denied the variance for thc building on the commercial parcel. M3srs. Schoehaar will move the residential structar~ located on the comrnorcial parcel to the adjacent residential parcel. The issue that presents itself is the locat/on of a building envelope for the comm~cial property. Any building envelope ~ill most likely require a ~ariance. We would like to set up a meeting to discuss the development of the commercial parcel. If you have any questions, please contact me. V~ry truly yours, WCG/ pAGE 02 ~atling 5c,~thold Town l. lall 53095 Main Road, RO. Box 1179 O~cc Lp~ti~: Town ~Oex IFi~t FIve, Ncnb Fom'k B~ 543~ Main Ro~ ~m Y~ung~ Awful) ~o~,l[l~oId, N~ I 1971 7.,ONLNG BOARD OF APPEALS TOWN OF SOL'THOLD 'l'ek (e31) 76,~-1S09, Itax (631) 765.90(',~ FINDINGS, DELiBEI%ATION$ AND DETERMINATION MEETING OF JANUARY 11, ~007 ;'B F:le No. 5764 - ROY C, and ROBERT .~CHOENHAAR Property Location: 107,00 Main Ro~, MattltucK CTM 143-$-33.2 ~QRA DETERMINATION: The Zoning B~f~ Of ~p~le has visited the prope~ u~er consider0tion ~n ~'~s app[i~tbn and dele~ines ~et ~ls re~ew fa[is under ~a Typ~ Ii cetego~ of [h~ Sta~e's List of Actions, wi~ut [uAher steps un~r SEQ~, PECPE~' ~TStDESC TION: The appli~n~' p~e~y consists of 2.586 a~s. imp,oved with a dw~lJing as shown on the Ma-ch 15, 2~2 su~ey pmp~ed by John C, Ehl~. ~e no~rly Mm~ Road (NY5 P, oute 28). ~: Zoning Co~e Se~on 2~-~ 8 [fo~erly I00-30A.3) bULK s~edula. O~ t~e Buil~ng In~pe~Of~ May ~7, 2005 N~;ce of Dis~provat, am~d~ October 4, 200~ f~ a lot wh',cb c~i~s le~$ than 40.0~ ~quare feet a~ less than 175 feet of I~ width ia the Reeldentia~ ~one Distrid, and a proposed ~ildi~g in the ~.Gen~el Business [o~e Olstdct with ~ront yard s~t~ack at e~ than 100 feet fr~ a D~p~ed fight~f-~y. SUF~g~ COUNTY AD~NIGT~ IV~ CODE: This appli~flon has been mferr~ ~y ~e ZBA required u~der the ~ffclk Coun~ Administrative Code So.Ions A !~14 to 23, and the Courtly De~e~ent of P~anni~g November ~ 4. 2006 reply ste~s thai this ap~i~tbn is ~nNd~red a maker for ~ocgl dete~Tninat~n as there epp~m to De no slg~fi~n[ c~-~de or ~ter-communl~ ia:act. This ~mmunicafiOnS also notes that ~e dMsion of Lot 1 is along ~e B/R~0 bounde~ ~nd notes t~ 25 ff. ~ee rlgh(~f-way ~e~c~g 3f ~he ~ree proposeO Iota end L~t 2 which i~ lendlocke~ Lot 2 ~th ~o ~gal ~ccsSS to an ~lstlng or pr~osed publ~ road, T~ Co~ requesting mat fl~e Town ~nsi~r ~n in~rease In the ~dth of ~e rlghbof~eY to 30 feat end to mdmw both LOIS 2 and 3 as flag tots w~ 15 feet M fron~ge e~ong the Mal~ Road. The Zoning Board of ADpeals held a public hear~g on ~ls applic~ion on No~m~r 30, 2~, wNc~ time wr~tte~ e~ o,el eviden~ we~ ~resen{ed, Base~ upon a~ testimony, documentat[~, ~em~nal inspection of the propeffy, and other ed~, the Zonl~ Board finds the roll.lng fe~s to be ~e and re,event: UILLIAM C ,_~JG~IH~J PC PA~ 7.1~A P~GE 83 _~EA._V_AP~IANgE RELIEF ,I~EQIJE,STED: The appli~n[ wisheB to create a thee I0~ su~ivision on ~is 2,5~a~e ~r~l. Th~ pmpeKy ~s split into two zone diatribe: B General B~ine~ on ~e noah, end R-40 I. ow-De~sity Residential op the south, The appli~t i~ proposes a ~nformlng land ama a~d width for proposed Lot 1, io~ted in the ~-General Business Zone; pro~o*~ lot 2 will be ~on- conforming at 34,089 square feat; end !ess a p~oposed 25 f~t wide right, f-way, the lot will be 32,812 square fee~ in ama instead of the co~e~required 40.000 s~oate fe~, and 173,45 feet in ~eptt instead o~ the ~e ~quired 175 ~t bt depth. The fight-~-way ~S pmpo~d ~uld create a 13 it. non-conforming set~ck f~ the pm.existing dwelling on lot 1 inst~d of the ~da.required 100 ff, minimum se[back. P~EASON~_E_.O._~_BQA~D ACT Q,F.,~, On the bes!s of testimony ~ressnted, mated, als submitted end peraonal i~spection$, the Board makes the following i'indings; 1~ Grant of ;h~ area var!anco will produce an undesirable ~hange in the character of the neighborhoc~ si=a and shape ct other residential properties to the east and west of the subject property. The proposed 2~-fl.. wide right-of*way along [he westerly boundary of the subject parcel will. however. create ~ front yard seLbaok the~ ie substantially in nonconformity wRh the code requirements, that will i~creasa the difficul~ of access ~or fire and other emergency vehldes to the two additional southerly residential 2, T~,e benefit sought by tr:e applicant 'can 0e achieved by some method, feasible for the applicant to pursue, other thar~ an area vaHe~e. The propose~l right-of-way can b~ reqocaled to the eester~j p~pet'ty boundary, running parallel to the existing 20 it, wide right-of-way belonging to t~e I~nd now or formerly owned by Jody Pumi[Io, whbh will either not require a setback variance from the existir~g dwelling on the subject property, or will be sub~ntielly less non-conforming then this ri[iht-of-way being proposed. 3, ¥1'~e variance granted herein ~s substantial in relation to [he selback relief from the proposed right- of-way boundary for e ~3 ft. ~elback. 'this proposed setbac~ would create an 87% redu~bn from the =ode-required 100 it. mir, laura setback'. 4. The difficoi~ has been self-created. The ow~arYapl~licant seeks to subdivide his subject propert7 which has [rcnt~ge only along the me~n Road. and land-los~ed for the two rear lots, The relief ~equested for the setback from the proposed we~terty right-of-v,,ay con be eliminated, since two conforming iota could be created aa of ,ght with a right-of-way to the ~.vo rear Iols without the need for a setback variance, or request t'or a mlnor s~t~ack .eduction. 5. NO evidence has been submitted to m.~§eat that a vada~ce in this rasiclentiel community will have an adwrsa mp~ot on the p~yslcal or environmer~tal contritions in the neighborhood, While additional .else ma~/be created by ~rs using the proposed ROW and potential future nelgnbors, ~.he impact would no[ be unreasonable wilh the addition of two more houses In the neighborhood. 6, Grant cf alternative relief is the minimum ac[ich necessar~ and adequate to enable the applicant to enjoy the benefit ~f a three-lot subdivision, while preser..,Ing at~d ~r~t~ctJng the character of the neighborhood alld the health, safety end welfare of the community. P~E 04 p'~e3- Jan'Ja~/11, CTM NO, RESOLUTION O; T~E ~OARD; !n considering all of the above fac[ors and applying the balancir~g test under New York Tow~ Law 2E7-B, molion wes offered by Mambo' We;smart, se~oncled by Member Goehrln6er, and duly carried, to GRANT the varla~nce wi~h respect to the lot sizes noted herein, and to DENY the requested setback reduction, from the prol~o~ed westerly right-of-way, as applied Any day;at,on from the ve'iance even ~uc~' as extensions, or demolitions which one not shown on the ap~i~nt'~ diagrams ~r eu~y ei~e maps, are not authodz~ under ~ ~p~ic~lon w~en involving non~n~rmities under t~e zonicg code. ~his action ~oe3 n~ aut~i~e Or condone any ~r~ or ~[ure use, selbeo~ or oti~er f~t~re cf the subjec~ property ~e', may v~o~te t~e Zoning C~e, o~er ~an such The I~oarC~ ,~e~'es tl'~e right t~ substitute a similar Cesign {l~a'. is de mJnimis i~ nature f(3r an eltera~i0n that ~o~ ~lot i~crease the ~egre~ of noncorlfor~[~/ Vote of the BOard; Ayes: Membem Din{zio, Olive, ~l~rlngeq 5tmon, and Weisman. .~nt~o Jr., Chairman~-- ~ l~/'2007 A~d f~ ~iting -- This APPEALS BOARD MEMBERS P~th D. Oliva, Gerard P. Goehringer James Dinizio, Jr. Chafi.rman Michael A. Simon Leslie Kanes Weisman 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 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 11, 2007 RECEIVED ,JAN 1 7 2007 $outhold Town Cleft ZB File No. 5764 - ROY C. and ROBERT SCHOENHAAR Property Location: 10300 Main Road, Mattituck CTM 143-3-33.2 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 further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The applicants' property consists of 2.586 acres, improved with a dwelling as shown on the March 15, 2002 survey prepared by John C. Ehlers. The northerly .78 acre portion of the property is zoned B-General Business, and the southerly +/- 1.78 acres is zoned R-40 Low-Density Residential. The property has 197.06 feet along the south side of the Main Road (NYS Route 25). BASIS OF APPLICATION: Zoning Code Section 280-18 (formerly 100-30A.3) bulk schedule, based on the Building Inspector's May 17, 2005 Notice of Disapproval, amended October 4, 2006 for a lot which contains less than 40,000 square feet and less than 175 feet of lot width in the R-40 Residential Zone District, and a proposed building in the B-General Business Zone District with a front yard setback at less than 100 feet from a proposed right-of-way. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred by the ZBA as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning November 14, 2006 reply states that this ap. plic~ation is considered matter for local determination as there appears to be no s gn f cant co'fir~'~y'-~i~"~r'inter-comfifl'Uhity impact. This communications also notes that the division of Lot 1 ~is..along. the B/R-40 zoning boundary and notes the 25 ft. wide right-of-way servicing of the three pr~ IbtS and Lot 2 which is landlocked Lot 2 with no legal access to an existing or proposed ~LdJ~c ~oad. The County: is requesting that the Town consider an increase in the width of the riO~t'-~f-way to 30 feet and! to redraw both Lots 2 and 3 as flag lots with 15 feet of frontage along the I~t~irLRoa, CA ~l ' ' ?n07 FINDINGS OF FACT I i .... ' The Zoning Board of Appeals held a public hearing on this applicatioh on November 30, 2006, at which time written and oral evidence were presented. Based upon~t[ t~,ny,,.~ocumer)t.at!0~n .... .~ personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: P~le 2 - January 11,2007 ~ ZB File No. 5764 - Roy C. and Rob:~l~l~choenhaar CTM No. 143-3-33.2 AREA VARIANCE RELIEF REQUESTED: The applicant wishes to create a three lot subdivision on this 2.59-acre parcel. This property is split into two zone districts: B General Business on the north, and R-40 Low-Density Residential on the south. The applicant is proposes a conforming land area and width for proposed Lot 1, located in the B~General Business Zone; proposed lot 2 will be non- conforming at 34,089 square feet; and less a proposed 25 foot wide right-of"way, the lot will be 32,812 square feet in area instead of the code-required 40,000 square feet, and 173.45 feet in depth instead of the code required 175 ft. lot depth. The right-of"way as proposed would create a 13 ft. non~conforming setback for the pre-existing dwelling on lot 1 instead of the code-required 100 ft. minimum setback. 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 area variance will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed lots sizes are in keeping with the size and shape of other residential properties to the east and west of the subject property. The proposed 25-ft. wide right-of"way along the westerly boundary of the subject parcel will, however, create a front yard setback that is substantially in nonconformity with the code requirements, that will increase the difficulty of access for fire and other emergency vehicles to the two additional southerly residential lots. 2. The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The proposed right-of"way can be re-located to the easterly property boundary, running parallel to the existing 20 ft. wide right-of-way belonging to the land now or formerly owned by Jody Pumillo, which will either not require a setback variance from the existing dwelling on the subject properly, or will be substantially less non-conforming than this right-of-way being proposed. 3. The variance granted herein is substantial in relation to the setback relief from the proposed right- of-way boundary for a 13 ft. setback. This proposed setback would create an 87% reduction from the code-required 100 ft. minimum setback. 4. The difficulty has been self"created. The owner/applicant seeks to subdivide his subject properly which has frontage only along the main Road, and land-locked for the two rear lots. The relief requested for the setback from the proposed westerly right-of"way can be eliminated, since two conforming lots could be created as of right with a right-of-way to the two rear lots without the need for a setback variance, or request for a minor setback reduction. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. While additional noise may be created by cars using the proposed R.O.W and potential future neighbors, the impact would not be unreasonable with the addition of two more houses in the neighborhood. 6. Grant of alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a three-lot subdivision, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Pa, ge 3 - January 11, 2007 ~ ZB File No. 5764 - Roy C. and Rob'~ll~choenhaar CTM No. 143-3-33.2 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 Weisman, seconded by Member Goehringer, and duly carried, to GRANT the variance with respect to the lot sizes noted herein, and to DENY the requested setback reduction from the proposed westerly right-of-way, as applied for. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Dinizio, Oliva, ~r~ger, Simon, and Weisman. Resolution was duly adopted (5-0). (~~ ~,¢'.~ Jarr~s"Dinizio Jr., Chairman/~ - - ~'1~//¢ /2007 Ap/Croved for Filing This PLANNING BOARD MEMBER~ JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOV~NSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM Date: October 25, 2006 To: Ruth Oliva, Chairperson Members of the Zoning Board of Appeals From: Jerilyn B. Woodhouse, Chairperson~/~)d~t,~'a) Members of the Planning Board'- -v- ,ii [~ Re~ Schoenhaar Variance Application SCTM# 143-3-33.2 Appeal # 5764 We are in receipt of your request for comments regarding the above-referenced application currently before the ZBA. The Planning Board reviewed the application at their work session on October 2, 2006, and offers the following comments and recommendations at this time: 1. Pursuant to the amended Notice of Disapproval issued by the Building Department dated October 4, 2006, this proposal will create one (1) non-conforming lot and one (1) non-conforming structure. The structure on Lot 1 will have a setback of 13 feet from the new right-of-way, where 100 feet is the minimum required by the Town Code. Lot 2 will have a lot area of 34,098 square feet where 40,000 square feet is the minimum required in the R~40 Zoning District. 2. The size and shape of the proposed residential lots are consistent with the nature and character of the existing neighborhood to the west, which consists of lots that are square or rectangular in shape and range in size from ¼-acre to ½-acre. 3. Although the setback relief being sought is substantial (87 feet), the Planning Board acknowledges that the structure is pre-existing with no proposed changes to the building at this time. 4. The applicant is advised that if the ZBA grants the variances, this project will still require review and/or approval from the Southold Town Planning Board, the New York State Department of Transportation, the Suffolk County Department of Health Services, the Suffolk County Planning Commission and the Town Engineer. Based on the above, the Planning Board supports the setback relief for the existing structure. The Planning Board typically does not support the creation of non-conforming lots that allows a property owner to increase density when the parcel does not have the yield pursuant to the Town's subdivision regulations. If you have any questions or need additional information, please feel free to contact this office. APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard E Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman TO: FROM: http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD 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 Tel. (631) 765-1809 · Fax (631) 765-¢064''~'- TOWN MEMO Planning Board Ruth D. Oliva, ZBA Chairwoman DATE: SUBJECT: September 21,2006 Request for Comments re Schoenhaar Subdivision (ZBA #5764) In September, 2005 we requested comments from your department regarding the above-referenced project; your response dated October 3, 2005 requested revisions to the subdivision map, which were received by this department on September 1,2006, a copy of which is attached. Kindly review this revised map and provide us with your comments. The file is available for review of additional documentation at your convenience. NAME TAX#/ ZBA BD NOD VARIANCE PLANS PREPARER ZONE DATE DATE STAMPED Schoenhaar 143-3- 5764 05/17/05 Subdivision 09/01/06 John T. 33.2 Survey Metzger, R-40 Surveyor Zone Your comments are appreciated by October 6, 2006. Thank you. Encls. P~MNNING ~O~D M~B~,~ JERILYN B. WOODHOUSE Chair WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON PLANNING BOARD OFFICE TOWN OF SOUTHOLD 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 Date: October 3, 2005 OCT 4 ~005 ~ G ~tOARD OF APPEAL .~oNING~ ...... ~ To: Ruth Oliva, Chairwoman Members of the Zoning Board of Appeals From: Anthony Trezza, Senior Planner Re: Schoenhaar Variance Application SCTM# 143-3-33.2 Appeal # 5764 We are in receipt of your request for comments regarding the above-referenced application currently before the ZBA. I have reviewed the map as submitted to your office and find that a few changes will be necessary before the ZBA can process this application. Specifically, the Town Engineer and the Planning Board will require a turn- around area at the end of the right-of-way for emergency vehicular access. This revision to right-of-way will change the proposed lot areas and therefore change the amount of relief sought by the applicant. It is recommended that you have the applicant contact the Planning Board office so that we may discuss the proposed map changes with him. Once the overall layout of the site has been revised to the Planning Board and Town Engineer's satisfaction, we will advise your office accordingly and provide specific comments regarding the application. 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 Vincent Orlando James Dinizio, Jr. Michael A. Simon TOWN MEMO TO: FROM: DATE: SUBJECT: http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTtIOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Planning Board Ruth D. Oliva, ZBA Chairwoman September 26, 2005 Request for Comments 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 may be involved under the subdivision review steps under Chapter 100 (Zoning), and your review and comments are requested at this time. The file is available for review of additional documentation at your convenience. NAME TAX#/ ZBA BD NOD VARIANCE PLANS PREPARER ZONE DATE DATE_ STAMPED SCHOENHAAR, 143-3- 5764 05/17/05 R-40 and 3/15/02, John C. ROY AND 33.2 Bus. B; 100- SURVEY = Ehlers, LS ROBERT 30A, 100-102, 100-103A, 3-lot subdivision Your comments are appreciated by I°/17 Thank you. Encls. ~ ~O~flE~LY O~ f~IcHAEL J. x/ITALE ?!~ OtV FOPJ~1E~L~f HP~A ~ P4CHA~E) ZAH~A Lol;2 ~ 0.?l~'7 Ar, re ~2,&12 ~F or 0.75 Acrs Zone ~istrict 50' LAND NO!Al OR pOtVb4EP--LY oF JosEPH FASZ©ZE~SKI D~IELLIN® / pUBLIC ~ATE~ LANE) NOV~ OP~ ROt~hflE~LY OtC CH~ISTOPHE~ C. STEINHA~E)T 15' ~111 °22'10"E 7one EPietriot "~-40" - Lot. f~,ul k ............ ~D,6&~ BF or' 0.]~ Acrs ....... 0uilding snve Io~P_.¢. ..................... 20' LAND NO~I OtV pOP~FiEP~LY PALE E) hflOYER 8 STAOEYL. ~AGh DvqELL~NG / PUBLIC ~ATE N71°22' IO"E 79.80' ~ LANP NO!~' S71°22, lO"W 266.30' LANE) NO~ UP-- FOP~FIEP~LY O~ ........ ~ ~ ~x/PTTE ~IELLENDER / / / / 14.2 COUNTY OF SUFFOLK (~ ~! ,~ """~ SOUTHOLD Real Property Tax Service Agency ,l ,,~,,, ~,,, SECTION NO PROPERTY MAP Submission Without a Cover Letter Subject: Date: Comments: PLANNING HOARD MEMBERS JERILYN B. WOODHOUSE Chair WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON PLANNING BOARD OFFICE TOWN OF SOUTHOLD 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 MEMORANDUM Date: October 3, 2005 To~ Ruth Oliva, Chairwoman Members of the Zoning Board of Appeals From: Anthony Trezza, Senior Planner Re: Schoerthaar Variance Application SCTM# 143-3-33.2 Appeal # 5764 We are in receipt of your request for comments regarding the above-referenced application currently before the ZBA. I have reviewed the map as submitted to your office and find that a few changes will be necessary before the ZBA can process this application. Specifically, the Town Engineer and the Planning Board will require a turn- around area at the end of the right-of-way for emergency vehicular access. This revision to right-of-way will change the proposed lot areas and therefore change the amount of relief sought by the applicant. It is recommended that you have the applicant contact the Planning Board office so that we may discuss the proposed map changes with him. Once the overall layout of the site has been revised to the Planning Board and Town Engineer's satisfaction, we will advise your office accordingly and provide specific comments regarding the application. 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 Vincent Orlando James Dinizio, Jr. Michael A. Simon TOWN MEMO TO: FROM: DATE: SUBJECT: http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Planning Board Ruth D. Oliva, ZBA Chairwoman September 26, 2005 Request for Comments 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 may be involved under the subdivision review steps under Chapter 100 (Zoning), and your review and comments are requested at this time. The file is available for review of additional documentation at your convenience. NAME TAX#/ ZBA BD NOD VARIANCE PLANS PREPARER ZONE DATE DATE STAMPED SCHOENHAAR, 143-3- 5764 05/17/05 R-40 and 3/15/02 John C. ROYAND 33.2 Bus. B; 100- SURVEY Ehlers, LS ROBERT 30A, 100-102, 100-103A, 3-lot subdivision Your comments are appreciated by 1°~17 Thank you. Encls. FORM NO. 3 TOWN OFSOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: May 17, 2005 TO: Roy C. & Robert Schoenhaar 10300 Main Road Mattituck, NY 11935 Please take notice that your application dated May 16, 2005 For a permit for a subdivision at Location of property: 10300 Main Road, Mattituck, NY County Tax Map No. 1000 - Section 143 Block 3 Lot 22.9 Is returned herewith and disapproved on the following grounds: The proposed subdivision of a lot located partially in the Residential R-40 and Business B Districts is not permitted pursuant to Article IIIA Section 100-30A.3., which states; "No building or premises shall be used and no building or part thereof shall be erected or altered in the Low-Density Residential R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule, with the same force and effect as if such regulations were set forth herein in full." Bulk Schedule requires a minimum lot size of 40,000 square feet, and a minimum lot depth of 175 feet. Following the proposed subdivision, proposed lot 3 will become non-conforming, with a total lot size of 35,105 square feet and a lot depth of+/- 153 feet and lot 2 will become non-conforming with a total size of 34,089 square feet and a lot depth of+/- 138 at its smallest point. In addition, the proposed subdivision is not permitted pursuant to Article X, Section 100-102, which states, "No building or premises shall be used and no building or part thereof shall be erected or altered in the B District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same fome and effect as if such regulations were set forth herein in full." Bulk Schedule requires a minimum rear yard setback of+/- 35 feet. Following the proposed subdivision, an existing structure on the property will now have a +/- 24-foot rear yard setback on lot L In addition, Article X, Section 100-103.A., states, "Structures shall be set back at least one hundred (100) feet from the right-of-way." Following the proposed subdivision, an existing structure on the property will now have a +/- 9 foot setback from the right of way. Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file, Z.B.A. APPLICATION TO TIlE SOUTIIOLD TOWN BOARD OF APPEALS Parcel Localion: Ilouse No. 10300 Sit'eel Main Road SCTM 1000 Section 143 IIIocl{ 03 Lot(s)Ct.T.2_Lot Size 2.58 Zone Districl "B" & "R-40" i (WE) APPEAL TIlE WI~,iTTEN I)ETEIIMINATION OF TIlE BUILDING INSIq¢CTOR DAI'EII 5/19/05 ~ 5'~/9'7,/0r A'/23 ~,q~) Applicanl/Owner(s): l~iailing Address: Telephone: Roy C. Schoenhnnr & Rohore $ohoeE~22r 330 Eastwood Drive, Cutchogue, New York 11935 631-?~4-5a76 Aulhorlzed I~.epresenlalive: Wi I 1 lam P.~P. ngg~n~ Address: P.O. Box 65 13105 Main_Road Mal-t'il-uek: Not~ v,~rk 11952 Telephone: 631-298-4200 Please specify who yon wish correslmndence lo be mailed lo, front lite above lisied nantes: ~ Applicanl/Owner(s) ~ Aulkorlzed Represenlalive ~ Olhec: WIIILREIIY TIlE IIIIII,I}IN(; INSI'li',CTOI/I}ENII~D AN AI'PIA(?ATION DATEI) May 17 ~ 2005 FOR: U Buihliag l'ermit ~ Cerlillca{e of Occulmncy ~ l're-Cerlificale of Occupancy D Change of Use [3 I'ermil fi~r As-lhfiH Constcuclhm II Other: Subdivision Provision of(he Zoning Ordinance Appealed. lndicale Article, Seclion, SubsecIion and imragraph of Zoning Ordinance by amnbers. Do not quole Ihe code. Arlicle Ilia Section 100-30A Sabsection 3 : Article X Section 100-102; Article X, Section 100-103A Type of Appeal. An Appealis made for: ~ A Variance to Ihe Zoning Code or Zoning Map. L3 A Variance due to lack of access required by New Yock Town Law-Section 280-A. D Interpretation of the Town Code, Article Section LI Revecsal or Olher A pcioc apl}~as~l has ~as aol been made with respecl Io Ibis I}coperly UNI)ER Appeal N 0. Y ea~ '..I~EASOINS FOR APIq;AL (a~dilional sbeels may be used wilh applicant .~lJ~nalure): AREA VARIANCE REASONS: (1) An undesirable change will scl be produced in lhe CIIAI~,ACTEI~, of the neighborhood or a deh'imenl lo heal'by Ill'operlies if granted, I , : Please see Appendix I for 'answers to questions 1-4. (2) The benefit sought by tile applicant CANNOT be achieved by some method feasible fol' tile appliean(tolnu'suc, otherlhananareaYartance, because: The master plan and zoning changes have caused part of the subject properties to be zoned business and part zoned residential. (3) Tbeamountofreliefrequestedlsnotsubstantialbecause: (a)It would divide the business property and the residential property; and (b)the residential building lots would conform to those in neighborhood. intheneighlterhoodordistrictbecause: The zoning lines were determined by the Town Board of the Town of Southold, and the residential lots would conform to the existing lots. (5) Il:is thc alleged difliculty been sclf-crcatcd? ( )Yes, or (~)No. The town caused part of the difficulty. This is the MINII~IUIX. I that is necessary and adequate, and at thc sallie time preserve and protect lite character of the neighl}orheod and {lie hea~ih, safety, attd welfare of the COmllitllii(y. Cbecklhis box ( ) IF A USE VARIANCE IS BEING I{EQUESTED, AND I'LEASE COMPLETETilE Signature o[ Apl}e~an~/Aulhorized Agenl Sworn lo bcf. re Jilt Ihis 5th day of July ,10 0~ _. Nola~ y I'ublic ELAINE T. VILLANO Notary Public, State of New York No. 01VI6029229, Suffolk County .... Commission Expires Aug. 9, Appendix I- Reasons For Appeal Question 1. An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: Residential Lots Answer- The proposed subdivision represents a 2.59 acre parcel of land that is split zoned with the front portion representing commercial "B' zone and the back portion representing residential "R-40" zone. There are ten properties that immediately border the proposed sub-division with nine of the properties being used as single family homes. See Appendix B. The lot sizes of the two proposed residential lots are 34, 089 (minus the right of way) and 35,105 square feet. The nine residential properties that directly border the proposed subdivision represent an average lot size of 23, 281 square feet. (See Appendix A- Section I.) When comparing the lot sizes of the nine properties to the two proposed residential lots, seven (or 78%) of the properties are smaller with an average lot size of 18,233 square feet and only two (or 22%) of the properties are larger with an average lot size of 40,947 square feet. (See Appendix A- Section II.) Thus, the proposed residential lots are larger than the majority of the bordering residential lots and they are almost twice the size of the average of the seven smaller lots. This application specifically proposes two residential lots to avoid one atypical lot of 72,853 square feet. Finally, the potential ora detriment to nearby properties or an uncharacteristic effect is mitigated by avoiding an oversized residential lot in the center of town. Also, the lot depth for the two proposed residential lots of+/-153 and +/~ 138 is consistent with other residential properties located in the surrounding area. While the residential properties that border the East side of the proposed subdivision are of larger depth, they are not indicative of the majority of the surrounding residential properties. (See Appendix B.) Thus, when comparing the proposed property depths to the surrounding property depths, the two proposed lots again comply with the characteristics of area. The two proposed residential lots represent a solution that at a minimum will comply, but more likely will improve the existing characteristics of the surrounding area. The proposed lots not only fall within the lot sizes of the bordering residential lots, they are more similar in size to the two larger bordering lots. Further, the lot depths are more than adequate when compared to the surrounding properties. Given the proposals consistency with the existing residential lots, there will clearly be no detriment to any nearby properties and the characteristics of the neighborhood will arguably be improved. Commercial Lot Answer- At this time there is no plan to develop the commercial property. The current single family home on the property is a pre-existing structure that was built in the 1950s. The applicants intend to continue the single family use of the property until such time that an application to develop the lot is submitted. Further, the proposed fight of way is located in the same location as part of the current driveway that has existed for over 50 1 of 3 Appendix I- Reasons For Appeal years. Therefore, given the current and proposed continued use as a single family home, there will be no adverse effect to the neighborhood. Note- At the time of an application to improve this lot, the application will comply with the requisite rules and regulations. Thus, the setback violations will be remedied upon improvement of this lot in the future. Question 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: Answer- This property has been in the applicants' family for over 25 years. The applicants have paid taxes and maintained the residential portion of the property during this period without any benefit of its use. At this time the applicants respectfully seek the proposed relief by dividing the residential portion among the two principles and their respective families. As explained in answer to question 1, the proposed subdivision lot is split zoned between a commercial "B" zone and a residential "R-40" zone. The unique zoning condition combined with the large size of the residential portion and the location in the center of town, have created a situation for the applicants that offers limited opportunities for future use. Along with maintaining the character of the neighborhood, without a split of the R-40 portion into two residential lots, the applicants' objectives can not be satisfied Question 3. The amount of relief requested is not substantial because: Answer- The proposal before this board is a request to provide a variance which will result in three lots that entirely conform with surrounding properties of similar use. Unlike a complex request for a use variance, lot line change, etc., this proposal requests minor exceptions to lot depths and lot sizes that will not even be evident to the naked eye. For example, the proposed square footage for lots 2 and 3 deviates from the R-40 zone requirements by a mere 1.5% and 12% respectively. (See Appendix A- Section II1.) Further, the exceptions requested for the commercial lot are based on the pre-existing structure and since the use of this property will not change, the relief requested is also minimal. The proposed subdivision is both reasonable and straightforward. Thus, the amount of relief requested is anything but substantial. Question 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: Answer- The majority of the residential portion of the lot is covered with brush and small trees ("woods"). Pursuant to an approval of this proposed subdivision, the applicants plan on developing the residential lots in a manner that will preserve as much of the woods as possible. Applicants will take special care in preserving existing woods located along and nearby the perimeter of the lots. Further, since lots l & 2 represent zone "B' and "R-40" respectively, applicants intend to landscape the border between these two lots 2 of 3 Appendix I- Reasons For Appeal to create a buffer. Also, applicants do not intend to significantly alter the already flat terrain of the lots Turning to the environmental conditions in the neighborhood, no adverse effect is similarly expected. All directly bordering residential lots have public water. Further, even if they did not, there is more than adequate land for proper waste systems because the proposed lots will be just shy of an acre. Also, Suffolk County Water Authority has already provided a letter of availability to provide water to this property. (See Appendix C- SCWA Letter). Finally, the intended development consists of merely build homes on the residential properties. Thus, the potential impact to the water, air, and sanitary quality is minimal. 3 of 3 ~ a~°Pe- ..... ~PARTMEblT OF HEALTH SERVICES STANDARD SUBDIVISION ROY SCHOENHAAR MATIITUCK TOWN OF SOUTHO~.D SUFFOLK COUNTY, NEW YORK MARCH 15, 2002 TOTAL AREA = 112,3~4B SP OP--- 2.5q ACRES P-.OY SCHOENHAAR B~O EASTk',IOOP DRIVE CUTCHO®UE NY SUFFOLK-. COUNTY TAX SCHOOL DISTRICT: Fll~E DISTP--ICT: I000-14-B-B-BB.2 MATTITUCK f"iATTITUCK "I HEREBY E,ERTIFY THAT THE IdATEF~ E, UPPLY(~) AND/OR 5EIdA®E IdlCHAEL D idAPES N¥.~.RE LIE,. uTO5OI RFCEIVED JUL ~ $ ~0o5 ZONING BOARD OF APPEALS JOHN C. EI-ILERS LAND SURVEYOR 6 EAST MAIN STR~k~.T N.Y.S. LIC. NO. 50202 RIVERHE.M), N.Y. 11901 , OP N ~-Y ~A? B NOTES: · f4ONUI'4ENT POUNd2 ® PIPE POUNEP pAF~.CEL LIE5 IN ZONIN® DISTRICT ANE) ZONIN® [21STF~-ICT "R-40" OVERALL AF~EA = 112,~4'1 5P OF~ 2.5q AC ELEVATIONS REPEF~'ENCE SUPPOLK: cOUNTY TOPO TYPICAL PLOT' PLAN not to stole N PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Choir WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON MAILING ADDRESS: P.O. Box 1179 Southold, NY 1197 ~1 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Young~ Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-313~ PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 15, 2005 Mr. David Schoenhaar 330 Eastwood Drive Cutchogue, NY 11935 Re: Proposed Subdivision of Roy Schoenhaar Located north of NYS Route 25, 200' northeast of Madene Avenue and Bay Avenue, in Mattituck SCTM#1000-143-3-33.2 Zoning District: R-40/B Dear Mr. Schoenhaar: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday,/February 14, 20~75: ,/· WHEREAS, this subdivisiot~ is for 3 lots on 2.59 acres; and WHEREAS, on August 24, 2004, the Town of Southold Town Board adopted Local Law No. 18, 2004 "A Local Law in relation to a new Chapter A106 - Subdivision of Land of the Code of the Town of Southold"; therefore, be it RESOLVED, that pursuant to Chapter A106 of the Town Code, the Planning Board hereby classifies this application as a Standard Subdivision; and be it further RESOLVED, that the application must be revised and re-submitted to conform with Chapter A106 - "Subdivision of Land of the Code of the Town of Southold" in order for the Planning Board to process the application. Upon written request, the Planning Board may credit previously paid application fees towards the new application. The determination will be based upon the amount of work that has been accomplished to date on the application. Please contact this office if you have any questions regarding the above. Very truly yours, Chairperson Mark Terry Southold Town Planning Board P.O. Box 1179 53095 Main Rd. Southold, New York 11971 August 5, 2002 Re: Minor Subdivision for Roy Schoenhaar SCTM# 143-3-33.2 Dear Mark, Per our discussion in your office on 07/31/02 1 have proceeded with applying for the Suffolk County Health Departmem approval. Below I am submitting the answers to your questions that were sent in the attached letter dated July 30th, 2002. The numbered answers correspond with your numbered questions. The proposed business use of the parcel zoned "B" is for a retail store. Since the Planning Board is requiring one curb cut for this site, we feel that the best location would be toward the West end of the parcel. This would conveniently accommodate all three proposed parcels without creating unnecessary traffic through the zoned "B" parcel. I have contacted our surveyor regarding your request for the updated map scale of 1" = 100'. My surveyor explained that the scale that was provided is consistent with the Suffolk County Clerk requirements and that an updated map with the new scale would not be legible. Please contact me if this is still an issue. According to my copy of the application that I submitted to the Planning Board, the signed section D form contains typed narratives answering the questions specified. I am providing an additional copy of these answers, however please re- check the application for this information. You will notice that I re-typed the form with only the answers to the questions and the owners' signature. If there are any further questions please do not hesitate to contact me at the below numbers. Sincerel,y; /] (H) 734-5876 (C) 917-626-7580 PLANNING BOAI~D MEMB]~RS BENNETT ORLOWSKI~ JR. WILLIAM J. CREMER~ KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, P~I C I4~D CAGGIANO P,O. Box 1179 Town F~dl, 53095 State Route 25 Souihold, New 7fnrk 11971-0959 Telephone (6R1) 765-1938 Fax (6.%1) ff65-3136 PLANNING BOARD OFFICE TOWN OF SOUT. HOLD July 30, 2002 Mr. David Schoenhaar 330 Easm~ood Drive Cutchogue, NY 11935 Re: Minor Subdivision for Roy Schoenhaar SCTM# 143-3-33.2 .Zone R-40 and B Dear Mr. Schoenhaar: The Planning Board Ms reviewed the above referenced subdivision during the Ju~ 22, 2002 worksession. The Plmming Board has the following questions: l. What is the proposed business use oftl~ site? The Planning Boardlis requiring one curb cut for the application. Theretbrc, it is necessary to evaluate any proposed t~se of the parcel zoned "B" to adequately assess and locate the Right--of-Way. 2. The Suffolk County Clerk requires all map scalesm be 1'=100', please revise the map accordingly. 3. A signed Section D. Informational Details and Water Supply Narrative Request form has been received, however, no answers to the questions were submitted. Please submit a written narrative answering the questions specified. Yom' application has been forwarded m the New York State Department of Parks, Recreation and Historic Preserwation fur archcoiogical occurrence comment. If you have any questions please do not hesitate to cml me at 765-t938. Sincerely, /~enior Environ n~mt~} Pl~nfier Cc: Pltinning Board. Environmental Assessment Form qAL DETAILS AND WATER SUPPLY NARRATIVE Currently the portion of the parcel representing zone district R-40 consists of vacant land with no occupancy, structures, sanitary flow, water use, etc. Given the approval for a minor subdivision it is the intention of the owners to build two residential dwellings. Each would utilize conforming waste systems and Suffolk County water. The nearest public water main is located in front of the property off of the Main Road (Route 25). The surveyor is in the. process of collecting all well and waste information for the surrounding properttes. Surrounding properties do have Suffolk County water and the owners have requested a letter of availability for this property. The Suffolk County Water Authority responded to the owners' letter on May 24, 2002, explaining that a moratorium is in place and there will be a waiting period of 6 months. Please find a copy of this letter enclosed. 4. Not Applicable 5. Since the given property is naturally dense with brush and small trees it is the owners' intention to preserve the privacy provided by this natural characteristic and avoid clearing the land that boarders the proposed parcels. Additionally to formally separate the two zoning districts "B" & "R-40", it is the owners' intention to plant along the zoning district boarder. E. VERIFICATION that the information provided above is true to the best of my know. ledge. I certify - Applicant/Sponsor r~ am S igna~~ -- T itle.~____---- PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM ,J. CREMERS KENNETH I. EDWARDS GEORGE RITCHIE LATHAM. ,IR. l~lC HARD CAGGiANO 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 July 30, 2002 Mr. David Schoenhaar 330 Eastwood Drive Cutchogue, NY 11935 Re: Minor Subdivision for Roy Schocnhaar SCTM# 143-3-33.2 Zone R-40 and B Dear Mr. Schoenhaar: The Planning Board has reviewed the above referenced subdivision during the July 22, 2002 worksession. The Planning Board has the following questions: 1. What is the proposed business use of the site? The Planning Board is requiring one curb cut for the application. Therefore, it is necessary to evaluate any proposed use of the parcel zoned "B" to adequately assess and locate the Right-of-Way. 2. The Suffolk County Clerk requires all map scales to be 1"=100', please revise the map accordingly. 3. A signed Section D. Informational Details and Water Supply Narrative Request form has been received, however, no answers to the questions were submitted. Please submit a written narrative answering the questions specified. Your application has been forwarded to the New York State Department of Parks, Recreation and Historic Preservation for archeological occurrence comment. If you have any questions please do not hesitate to call me at 765-1938. Sincerely, Town of Southold Planning Board 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 RE: Roy Schoenhaar Minor Subdivision 6/10/02 Planning Board Members, Roy J. Schoenhaar and Robert C. Schoenhaar, owners of the property at SCTM# 1000- 143-3-33.2, and David R. Schoenhaar their agent, are submitting this application to achieve approval for a minor subdivision. The property currently consists of 1 parcel of land (2.59 acres) that is divided into two zone districts: "R-40" (1.68 acres) & "B" (.91 acres). The portion of the parcel that is in zone district "B" is currently used as a residence with a single family dwelling. The minor subdivision that the owners are proposing will not change the use of the zone district "B" area. The purpose of this minor subdivision is to utilize the land area of the parcel that is under zone district "R-40". The owners are proposing to separate this portion of the parcel from the given zone district "B" boundary line that runs parallel to the Main Road/Route 25. Additionally, based on the composition of the surrounding residential properties, the owners are requesting the division of the "R-40" portion of the parcel into two separate parcels consisting of .87 and .81 acres. Please find a copy of the Tax Map for the surrounding parcels. Best Regards, David Schoenhaar (C)917-626-7580 (H)631-734-5876 'Q$ JUN I 2002 Southold Town Planning Board ,2000-2001 - 1000-143-00-03-00-033-002, Sheet: 1 of I IVISION IS FOR ______ SCTM= I000- ON ~ ,ACRES LOCATE-D ON MINOR SUBDiVISiON/NO ROADI Complete application received Application reviewed at work session Applicant advised of necessary revisions Revised sub mission received Sketch plan approval -with conditions Lead Agency Coordination SEQR,A determination Sent to Fire Commissioner Receipt of firewe'll location Notification to applicant to include on final map Sent to County Planning Commission Recei{~t of County Report Revie~r of SCPC report Draft Covenants and Restrictions received Draft Covenants and Restrictions reviewed Filed Covenants and Restrictions received Receipt of mylars and paper prints with Health approval . Final Public Hearing Approval'o£ subdivision -with conditions PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICttARD CAGGIAN O 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: ~'fi~'/ ~'c_t4 o.~ ~ Suffolk County TaxMap # 1000- P-15- 5- 33. ¢- Type of Subdivision: Major ~ Set-Off Lot-Line Cluster Subdivision: Yes Hamlet: Street Location: Acreage: ~.S~ Number of Lots: ~ Zoning District: ~ 4t Date: ~ ~ tO- C> '7_..- Please list name, mailing address, andphone number for the people below: Applicant: Agent handling the application: (Contact Person) Property Owner(s): Surveyor: Engineer: Attorney: Other Agent(s): Has this property had a previous application to the Planning Board? Has this property previously received a SEQRA review? Have you had any pre-submission conferences with the Planning Board? Does this application have variances from the Zoning Board of Appeals? Appl, No. Date Is this property adjacent to any bodies of water? Are there any wetlands on the property? Are there 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? Yes Yes (~ Yes (~ Is there an existing or proposed sale of development rights on the property? Yes Is there a mortgage on the property? Yes (~ Does the owner own any adjacent properties? (~ No Are there any building permits currently pending on this property? Date Yes i~ Yes 1~ Yes ~ Yes Signature of Preparer Environmental Assessment Form D. INFORMATIONAL DETAILS AND WATER SUPPLY NARRATIVE REQUEST Currently the portion of the parcel representing zone district R-40 consists of vacant land with no occupancy, structures, sanitary flow, water use, etc. Given the approval for a minor subdivision it is the intention of the owners to build two residential dwellings. Each would utilize conforming waste systems and Suffolk County water. 2. The nearest public water main is located in front of the property offofthe Main Road (Route 25). The surveyor is in the process of collecting all well and waste information for the surrounding properties. Surrounding properties do have Suffolk County water and the owners have requested aletter of availability for this property. The Suffolk County Water Authority responded to the owners' letter on May 24, 2002, explaining that a moratorium is in place and there will be a waiting period of 6 months. Please find a copy of this letter enclosed. 4. Not Applicable Since the given property is naturally dense with brush and small trees it is the owners' intention to preserve the privacy provided by this natural characteristic and avoid clearing the land that boarders the proposed parcels. Additionally to formally separate the two zoning districts "B" & "R-40", it is the owners' intention to plant along the zoning district boarder. E. VERIFICATION I certify that the inform~~ed aboy, e is.true to the best of my knowledge5 Applicant/Spons~or N~e ~%.~/~J~ Date ~e-f~5 Signature /~/~7~;> ~; ,q~/(~/' ~ Title Michael R. Frank Deputy Chief Executive Officer for Customer Service SUFFOLK COUNTY WATER AUTHORITY May 24, 2002 4060 Sunrise Highway, Oakdale, New York 11769 (631) 589-5200 Fax (631) 563-0356 Mr. Roy Schoenhaar 330 Eastwood Drive Cutchogue, NY 11935 Re: SCTM #1000-143-3-33.002 Main Road, Mattituck Dear Mr. Schoenhaar: By the enclosed resolution, the Suffolk County Water Authority adopted a six month moratorium on new connections to the public water system in the Town of Southold. During this period, SCWA will be studying ways of meeting the Town's short term and long term water supply needs. During the moratorium period, connections to the public water supply system will only be made pursuant to the exceptions set forth in the resolution. Very truly yours, Michael R. Frank Enclosure Authorization Letter I Roy J. Schoenhaar & Robert C. Schoenhaar, owner~of the property at SCTM# 1000- 143-3-33.2 in Mattituck, NY, hereby authorize David R. Schoenhaar to act as my agent and handle all necessary work involved in the subdivision process with Southold Planning Board. Sworn before me this/~' [lay of June 2002, ~-I~, PUDIIc, Stete of New York Q~IJJ~ ecl iff Suffolk County O1 KR7360260 ~'1' d,<~on Expires May 31, ~O~ The Town of Soubhold's Code of Ethics prohibits co.flicts of interest on the p~rt of_town officers and employees, The p~pose of bhis form is to pcovide iuformation which calt ale~t the town of .possible conflicts of illterest and allow it to take whatever action is necessar~ to avoid same. YOUR NAME (If "Other," name the activity. ) /~f~---- ~'~;~l~/l~lot~ Describe the relationship betwee~ yourself (the applicant) and the towi% officer o~ employee. Ettbe~ check the appropriate lille A) through I)) a,]d/oc degocibe in the ~pace p$ovided. ])E-gCR[PTION OF REI,A'PIONSli[P ~ 11355~'[415 ~a;c 11355P 416 RUNING THENCE South 23 degrees 14 minutes 30 seconds East aIong the lands hereinabove conveyed 146.37 feet to iands now of Joseph Pumillo; THENCE along said lands of Joseph Pumlllo, North 66 degrees 21 minutes 30 second~ Mast 20.02 feet to lands now of Roy C. Schoenhaar; THENCE along said lands of Roy C. Schoenhaar, North 23 degrees 14 minutes 30 seconds West i51.71 feet to the southeasterly side of Main (State) Road, at the point or place o5 BEGINNING. 'I~E foregoing described Right-of-Way shall remain unobstructed in that no fences, signs or structures of any nature, whatsoever, shall be built or erected thereon, and this covenant shall bind the heirs, executors, administrators, succegsors or assigns of the party of the first part. 11'dS§~Md ? ~¢t1~o en~ aa r, Co~F~xecu~or (LS) (LS) Ou t~ da), o~ 19 , beto~e me ~ me ~ to be ~ ir, di~du~l d~k-d i~ ~ud ~ Ou d~ da), o! I9 , ~..ore ~ ESTATE OF ROY C. SCHOEW'HAAR ROY SCHOENHAAR & ROBERT SCHOENHAAR District i000 ~c~o~ 14300 mLoc~ 0300 ~S 002000, 032000, 033000 ~ Suffolk ARMIN J. KIEKL, ESQ. 65-01 Fresh Fond Road Ridgewood, New York z~,, 11385 3NI¥,NO;~ '~ GUYMO3 U4UWJbb6NU4 2002_0~1~ ~o~,~N ~:DOOOOBOD ~1 ONO 2 ~ S~ SON,~~ POSTAL MONEY ORDER )NS 00~-06-14 FOUR ;. AND POSSESSIONS CLERK 3 25~=5~ 090 :~200~OOO30:m :I0:DOBOOOOOD tOISS3SSOd ONV o;£6T~ ~,T-9o-,?.oos 5 q~ 9 E 2 0 h 0 PART 1--PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant eftect 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. It is expected that completion of the full EAF will be dependent on information currently ~vailable and will not involve new studies, research or investigation, If information requiring such additional work is unavailable, so indicate and specif~ each instance. HAME OF APPLICANT/SPONSOR ADD~ES~ . 5:5o ~ different) ADDRESS BUSINESS TELEPHONE DESCRIPTION OF ACTION Please Complete Each question--Indicate N.A. if not applicable A. Site Desoription Physical setting of overall project, both developed ,~nd undeveloped areas. 1, Present land use: I-tOrban nlndustrial [:]Commercial [:]Forest I-1Agriculture [:]Other ~- ' ~*'q acres, 2. Total acreage of project area: APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) Forested Agricultural (Includes orchards, cropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) Water Surface Area Unvegetated (Rock, earth or fill) Roads. buildings and other paved surfaces Other (indicate type) 3. What is predominant soil type(s) on project site? a. Soil drainage: CIWell drained % of site J~'Residential (suburban) I-iRural (non-fart PRESENTLY AFTER,COMPLETION ·, ~ acres . ~- ~" ' acres acres acres : 13r/~oderately well drained ,/'4~o ,,,. % of site [:}Poorly drained % of site b. If any agricultural land is ln'volvecl/, how many acres of soll are classified within soil group I through 4 of the h Land Classification System~ ~ acres, (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project slte~ C]Yes ~ a. What is depth to bedrock? (in feet) 2 S Approximate percentage of proposed project site with slopes: l~0-10% % 1~10-15% % O15% or greater % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? [:]Yes i2j~No 7. Is proj~ect substantially contiguous to a site listed on the Register of National Natural Landmarks? [:]Yes 1~o 8. What is the depth of the water table? ~ (in feet)I0' 1r' 9. Is site located over a primary, principal, or sole source aquifer? I~Yes I~o 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? [DYes ~o 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? OYes ,J~o According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geologiC:al formations). [3Yes Ji~o Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? OYes ,~No If yes, explain 14. Does the present_s~e include scenic views known to be important to the community? [3Yes JglNo 15. Streams within or contiguous to project area: /~t/A' a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name /V/,~ b. Size (In acres) 17. Is the site served by existing public utilities? [~Yes I-1No a) If Yes. does sufficient capacity exist to allow ~onnection? ~Yes l-INo b) If Yes, will improvements be necessary to allow connection? 1~Yes [3No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? I-lYes 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 OYes I~o ' 20. Has the site ever been used for the disposal of solid or hazardous wastes? OYes C~o B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled ~, project sponsor b, Project acreage to be developed: ~/,&~::;~.cre's initially;' -- c. Project acreage to remain undeveloped O acres. d. Length of project, in miles: /'/~d- (If appropriate) e. 'If the project is an expansion, indicate percent of expansion proposed * %; f. Number of off-street parking spaces existing /7/,/,~ ; proposed g. Maximum vehicular trips generated per hour ~ · (upon' completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Initially / Ultimately L Dimensions (in feet) of largest proposed structure 2. O' height;. -~ ~ ' width;, ~-~ ' length. j. Linear feet of frontage along a public thoroughfare project will occupy is? /~ 7 ft. 3 acres. acres ultimately. Condominium 2 How much natural material (i.e., rock, earth, etc.) will be removed from the site? 3. Will disturbed areas be reclaimed? OYes ONo a If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? OYes E]No c. Will upper subsoil be stockpiled for reclamation? (:]Yes ONo 4 I~ow many acres of vegetation (trees, shrubs, ground covers) will be removed-from sit~? tons/cubic yards 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? months, (!ncluding demolition) OYes ~No 6. If single phase project: Anticipated period of construction /~"' 7. If multi-phased: a. Total number of phase5 anticipated (number) b. Anticipated date of commencement phase 1 c. Approximate completion date of final phase d. Is phase 1 functionally dependent on subsequent phases? 8. Will blasting occur during construction? 0--1Yes ~o month year, (including demolition). month year. , [:]Yes ONo 9. Number of iobs generated: during construction '~ ; after project is complete 10. Number of jobs eliminated by this project .~--~. 11. Will project require relocation of any projects or facilities? OYes 'l~i~:~o If yes, explain 12. Is surface liquid waste disposal involved? [~Yes ~qo a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? OYes ~fblo Type 14. Will surface area of an existing water body increase or decrease by proposal? Explain OYes lj~o 15. Is project or any portion o,f project located in a 100 year flood plain? E3Yes ~.No 16. Will the project generate solid waste? Oyes a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? OYes nNo c, If yes,. give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? l-lYes e, If Yes, explain ONo 17. Will the project involve the disposal of solid waste? C]Yes ~No a. If yes, what is the anticipated rate of disposal?, tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? nYes t~o 19. Will project routinely produce odors (more than one hour per day)? OYes ~No 20. Will project produce operating noise exceeding the local ambient noise levels? OYes 21. Will project result in an increase in energy use? l~l:Yes I-INn If yes , indicate type(s) L-~ 22. If water supply is from wells, indicate pumping capacity '-- gallons/minute. 23. Total anticipated water usage per day /'f//f · gallons/day. 24. Does project involve Local, State or Federal funding? OYes If Yes, explain 4 25. Approvals Required: City, Town, Village 8oard [~Yes C]Ho City. Town, Village Planning Board [][~'Yes ONo City, Town Zoning Board ~Yes E3No City, County Health Department dyes C)No Other Local Agencies C3Yes ~]No Other Regional Agencies C]Yes E3No State Age,lcies E]Yes E~No Federal Agencies [~Yes E]No Type Submittal Dale E. Verification Date If the action Is In the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this ,use~sment. 5 D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose t.o mitigate or avoid them. C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? J:~Yes [~No If Yes, indicate decision required: I-Izoning amendment f-lzonin8 variance [:]special use permit ~ubdivision [:]site plan ~new/revision of master plan f-lresource management plan C]other Lo't- ~'! 2. What is the zoning classification(s)of the site? ~:~ ~' ~-- 4 o 3. What is the maximum potential development of the site if developed as permitted by the present zoning? [ J-oT ~t~'~- ~ I ~o~c~,~t, LeT 4. What is the proposed zoning of the site? ~',~ I~,~ 5..WI~ is the maximum potential development of the site if developed as permitted by the proposed zoning? 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ~es f-INo 7. What are the ,~edominant land use(s) and zoning classifications within a V4 mile radius of proposed action? 8. Is the proposed action compatible with adjoining/surrounding land uses within a ~4 mile? ~l~'Yes [:]No 9. If the proposed action is the subdivision of land; how many lots are proposed? a. What is the minimum lot size proposed? o <~ I 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ElYes ~1o 11. Will the proposed action create a demand for any community provided services (recreation, edu<;ation, police, fire protection)? ~:Yes r']No a. If yes. is existing capacity sufficient to handle projected demand? ~l~.Yes CINo 12. Will the proposed action result in the generation of traffic significantly above present levels? Q-lyes l~No a. If yes, is the existing road network adequate to handle the additional traffic? [qYes I-INo D. INFORMATIONAL DETAILS AND WATER SUPPLY NARRATIVE REQUEST Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. 1. Provide explanation of existing site use, occupancy, structures, sanitary flow, water use; compare to proposed use, occupancy, structures, sanitary flow, water use. 2. Indicate the source of water supply, nearest public water main, nearest public well field, and adjacent private wells (if known). 3. If public water supply is proposed, indicate the ability of the water utility to provide water supply to the project. Provide letter of water availability or detailed explanation of status of review by water utility. 4. If private water supply is proposed, indicate the well specifications, water quality based on on-site water quality data. Provide Suffolk County Department of Health Services approval or detailed explanation of status of review by agency. 5. Indicate proposed water conservation measures that will mitigate for unavoidable adverse impacts (If any). Conservation measures should include, but not be limited to: a. 2rt~e use of drought tolerant plants for landscaping. b. The preservation of existing native vegetative buffers. c. The conservation of existing open space areas. d. The implementation of "natural" stormwater management practices (grass swales, filter strips, created wetlands, etc...). E. VERIFICATION I certify that the information provided above is tree to the best of my knowledge. Applicant/~a_me 1~-O'7/ ~?C.~tg-~.~/~-~'~-g~,A.~ Date Signatur~___~"'~-~// ~ Title_ If the i act on is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. 6 Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 07/29/02 Transaction(s): 1 Application Fees ReceiptS: Check#: MONEY ORDERS (4) Total Paid: 0 Subtotal $2,500.00 $2,500.00 Name: Schoenhaar, David 330 Eastwood Dr. Cutchogue, NY 119353 JUL a v L~Z SouthoidTown ClerklD: JOYCEW '~C"-"~'/'1'1 ~' /g'~-~ - 3 "~ .,~',','~ Internal lD: 60561 LASER FICHE FORM SUBDIVISIONS Project Type: Minor Status: ~ SCTM #: 1000- 143.-3-33.2 Project Name: Schoenhaar, Roy Location: The property is located north of NYS Route 25, Marlene Avenue and Bay Avenue, in Mattituck. Hamlet: Mattituck Applicant Name: Roy Schoenhaar Owner Name: Roy Schoenhaar Zone 1: B Approval Date: PLAT Signed Date: 200' northeast of OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related information Zone 2:R-40 C and R's: Homeowners Association: R and M A.qreement: Address: County Filin.q Date: Zone 3: SCAN Date: SCANNED Records Management : / ~¢-- ~ SI~OL~ CO D N S . / ~' ~/ ~ . x~.~ ~-~ '~. ~'"~.~0-~,~ ' ~.' ~ ' ". I . / ' ~ % ROY 56HOENH~R ~-" ~ ~~' ~t . ¢ '~ / ~%. 0 ~ ~ SUFFOLK OOUN~ TAX ~ IO00-14D-D-DD.2 TYPICAL PLOT PLAN . ~ cvs~u ::',~,, /,.' ~~'_, ',~ ~N ~. ~rA piti JO~ C. E~.ERS L~ S~YOR NI IG~¥ MAF Test Hole SN 2 SP B ®RAPHIC SCALE 1"=40' TYPIOAL PLOT PLAN PJPE N ........ ~- .¢~¢ ~.o~°'~ ~o¥ 2¢- o~ MINOR SUBDIVISION ROY SCHOF_,NHAAR MATrlTUCK TOWN OF SOUTHOT.D SUFFOLK COUNTY, NBW YORK MARCH 15, 2002 TOTAL AR~A = 112,74~ SP OR 2.5q AC, RE5 P-.OY SCHOENHAAR ~50 5ASTk1OOI? IDRIV~ OUTOHO®UE NY liq55 SUFFOLK COUNTY TAX :" SCHOOL DISTPqOT: PIATTITUCK FIP-E ;DISTRICT, NATTITUC~ JOHN 'C. EHLERS, LAND SURVEYOR 6 EAST MALN STREET N.Y.S. LIC. NO 50202 ~AD, N.Y. 11901 369-8288 Fax 369-8287 REF.-\kHP SERVER\D~PROS~02-104¢.@ro