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, s6�'`�'�°� bus �lo� s �� -moo ro'� S,b�c i� ar 95 Pro 'sem �3 , tit A-r' e �, I v sec" -V svlz A BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goebringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 REt EIVED FINDINGS, DELIBERATIONS AND DETERMINATION · ~. . ZBA FILE No.: 6385 NAME OF APPLICANT: Alexander L. and Tracy M. Sutton SCTM#1000-78-9-54 and 78 PROPERTY LOCATION: 1160 North Bayview Rd. and Victoria Drive, Southold, NY 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. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated May 14, 2010 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: This application is not subject to review under Chapter 268 because the variance relief requested does not involve features that relate to a regulated natural feature or a bulkhead or other shoreline. PROPERTY FACTS/DESCRIPTION: Subject property is a conforming improved parcel in the R-40 zone it contains 106,450 sq. ft. combined. The property has 250.45 feet of frontage on North Bayview Rd., 505.57 feet along the eastern property line, 288.66 feet on the southern property line and 400 feet along the western properly line as shown on the survey prepared March 25, 2009 by Nathan Taft Corwin, III, LS. BASIS OF APPLICATION: Request for Variances from Code Section 280-18 based on an application for building permit and the Building Inspector's October 14, 2009, Updated March 18, 2010, Notice of Disapproval concerning proposed two lot subdivision, with total lot area less than the code required 80,000 square feet for two lots. RELIEF REQUESTED: The applicant is requesting a two lot subdivision of which SCTM#1000-78-9-78 is a roadway and cannot be considered in the lot area total. As such, the proposed two lot subdivision minus SCTM#1000-78-9-78 would only contain 79,291 sq. ft where the code requires 80,000 sq. ft. for a two lot subdivision. AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the character of the neighborhood. The applicant on September 14, 2010 submitted a survey bringing the lot line of the subdivision into more conformity with the Reydon Shores subdivision by proposing lot 2 at 30,000 sq. ft., and proposing lot 1, which is improved with a single family dwelling at 49,291 sq. ft. which is more in keeping with the lot sizes fronting on North Bayvlew Road. Page 2 - October 7, 2010 ZBA Fileg6385 - Sutton CTM: 1000-78-9-54 & 78 ADDITIONAL INFORMATION: In a letter dated September 15, 2009 from the Town of Southold Planning Board it states that the proposed standard subdivision for Sutton is denied due to the inability to meet the yield requirements as outlined in Southold Town Code 240-10(B). Additionally, the Board received a number letters and petitions from neighbors and attorneys for the neighbors against the proposed subdivision. However, at the Public Hearing held on August 26, 2010 the applicant, neighbors and their respective agents arrived at a mutually agreeable outcome that is reflected in the alternative relief granted herein.. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on June 30, 2010 and August 26, 2010 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law l~267-bt3)tb'}(1). Grant of alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Reydon Shores consists of a majority of 15,000 sq. feet (100 x 150) parcels. The proposed subdivision will consist of two lots with each one conforming to the neighborhood that it fronts on, and will be in keeping with the character of both neighborhoods. The existing right of way (tax map number 78-9-78) will be kept separate from proposed lots 1 and 2 and shall remain open for public access as it currently is used. 2. Town Law §267-b(3}(b}(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The 50 ft. by 500 ft. parcel (SCTM#1000-78-9-78) was acquired by the same owner of the improved parcel. It was the applicant's belief that the additional 27,159 square feet could be added to their improved lot (SCTM#1000-78-9-54) which would permit the subdivision of two conforming lots. This map received sketch plan approval on December 9, 2008 and a SEQRA negative declaration from the Town of Southold Planning Board on March 23, 2009. It was not until public hearings for preliminary map approval and on September 15, 2009 that the Planning Board determined that the contiguous parcel (SCTM# 1000-78-9-78) was not a building lot but, in fact, a roadway per Town Code and not allowed to be used to determine yield, thus they denied the subdivision. 3. Town Law §267-bl'3)(b'}(3}. The variance granted herein is not substantial. The land is only 709 square feet shy of compliance with the total acreage required for a conforming two lot subdivision. The subject parcel is 200 by 400 feet, however, it is a parallelogram which can not be subdivided evenly into two conforming lots. 4. Town Law §267-b(3){b)(4) 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. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created, in so far as the code recognizes Parcel (1000- 78-9-78) as a R.O.W. which cannot be used in the yield calculation for total lot size for subdivision purposes. However, the total square footage that the applicants improved property lacks, without including the R.O.W. is small (only 709 sq. ft.). 6. Town Law §267-b. Grant of the alternative relief is the minimum action necessary and to enable the applicant to enjoy the benefit of a two lot subdivision while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dinizio, seconded by Member Goehringer, and duly carried, to DENY, the variance as applied for, and GRANT ALTERNATIVE RELIEF, as shown on the survey dated August 31, 2010 Revise proposed Lots and Building Envelope, prepared by Nathan Taft Corwin, Ili, LS; and received by the Board of Appeals on September 14, 2010, subject to the following conditions; Page 3 - October 7, 2010 ZBA Fi1¢#6385 - Sutton CTM: 1000-78-9-54 & 78 Conditions: 1) The 50 foot x 400 foot R.O.W. (parcel 1000-78-9-78) must be continuously maintained by the owner and any future owners with clearing for vehicular traffic including emergency vehicles; 2) Lot 2 shall have a front yard setback of not less than 40 feet from the front property line 3) Covenants and Restrictions shall be prepared and recorded with the Suffolk County Clerk for conditions l&2 noted above. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. 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 thc 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 Weisman (Chairperson), Goehringer, Dinizio, Schneider. (Member Horning by telephone, no voting rights) This Resolution was duly adopted (4-0). Leslie Kanes Weisman, Chairperson Approved for Filing/~ ,/o~/2010 Southold Town Clerk HAND DELIVERED PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, NewYork 11971 Tel: (516) 765-4330 Fax:: (516) 7654643 September 14, 2010 RECEIVED Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 BOARD OF APPEALS RE: SUTTON # 6385 SCTM: 1000-78-9-54 & 78 Dear Chairman Weisman and members of the Board: In accordance with our conversation at the last hearing and our discussion with the neighbors, I am enclosing 5 prints of the revised survey which incorporates the following: 1. Property lines of lot 1 and 2 do not include the ROW (tax map # 78-9-78) 2. References to a 7.5 private ROW have been removed from the ROW. 3. The lot areas of lot 1 and 2 are shown; with lot 2 being the smaller lot to conform to the character of the Reydon Shores community. 4. Corrected building envelope and set backs shown on lot 2 We will keep the ROW separate from lot 1 and 2 and ask the assessors office to show a zero assessment to prevent loss of the ROW to the County for potential non- payment of taxes We had agreed at the hearing that we would file with the ZBA or the Planning Board, Covenants and Restrictions stating the front yard set back on lot 2 would not be reduced to less than 40 feet Thank you. PCM/bp encls. C: Eileen Powers, Esq. BJECT PREMISES " 600' SCALE 1 = TEST HOLE DATA WELL~'~AF- Dote 72'18'10,, LO~ 2 1 30,000 ~ sq.I ft. 0.689 [ ocJ / / 200.0 TYPICAL PLOT PLAN (NOT TO SCALE) LOT 2 KEY SCALE MAP 1 "= 100' BUILDING SEPTIC TANK M N LEACHING POOL ROAD TYPICAL SEWAGE DISPOSAL SYSTEM LOT 1 BUILDING SEPTID TANK LEACPIING ~POOL SEPTIC TANK tl~ I hereby cern,fy that the woter supply(s) ond/or sewoge dlsposol system(s) for this project were designed by me or under my dwecbon Booed upon o coreful ond thorough study of the sod, site ond groundwoter conditions, oll lots, os proposed, conform to the Suffolk County Deportment of Heolth Serwces construction stondords in effect os of [his dote, LEACRING POOL ALEXANDER STANDARD SUBDIVISION PREPARED FOR L. & TRACT SITUA TED A T SOUTHOLD TOWN OF SOUTHOLD SUFFOLK S.C. TAX JANUARY 21, MAY AUGUST TOTAL M. SUTTON COUNTY, NEW YORK No. 1000-78-09-54 SCALE 1"=40' JUNE 15, 2007 2008 REVISED AS PER PLANNING BOARD COMMENTS 12, 2008 ADDED ENVIORNMENTAL RESOURCES NOTES JANUARY 15, 2008 ADDED WATER MAIN LOCATION MARCH 25, 2009 REVISED NOTES MARCH 17, 2010 REVISE PROPOSED LOT SIZES 51, 2010 REVISE PROPOSED LOTS & BUILDING ENVELOPE LOT AREA = 79,291 sq. ff. 1.820 ~c. NOTEE: 1. ELEVATIONS SHOWN THUS:.SOe ARE REFERENCED TO TOPOGRAPHICAL MAP OF FIVE EASTERN TOWNS DATUM. 1, CONTOURS SHOWN THUS: ---50 .... ARE SCALED FROM TOPOGRAPHICAL MAP OF FIVE EASTERN TOWNS. 2, MINIMUM SEPTIC TANK CAPACITIES FOR A 1 TO 4 BEDROOM HOUSE IS 1,00D GALLONS, 1 TANK; 8' LUNG, 4'-3" WIDE, 6'-7" DEEP S. MINIMUM LEACHING SYSTEM FOR A I TO A BEDROOM HOUSE IS 3BO sq ff SIDEWALL AREA, 1 PO0~ 12' DEEP, 8' dim ~ PROPOSED EXPANSION POOL ~ PROPOSED LEACHING POOL I///~;~l PROPOSED SEPTIC TANK 4, THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD OBSERVATIONS AND/OR DATA OBTAINED FROM OTHERS, 5. THIS PROPERTY IS IN ZONE R 40 6. THERE ARE NO BLUFFS OR WETLANDS AFFECTING THIS PROPERTY, 7, THIS PROPERTY IS NOT INCLUDED WlTHfN ANY AQUIFER RECHARGE, SPECIAL MUNICIPAL WATER SUPPLY OR GROUNDWATER PROTECTION AREAS. 8, THERE ARE NO ARCBEGLOGICAL OR CRITICAL ENVIRONMENTAL SITES AN THIS PROPERTY. 9. THIS PROPERTY IS IN FLOOD ZONE X (AREAS GETERM]ED 10 RE OUTSIDE 500-YEAR FLOODPLAIN). 10. THE SOIL TYPES ON THIS PROPERTY ARE: RdB (RIVERHEAD SANDY LOAM, 3 TO B PERCEN] SLOPES) RdC (RIVERHEAD SANDY LOAM, 8 TO 15 PERCENT SLOPES) LANDSCAPE' NOTE' FiNAl- N' "'*P REVIEWED BY ZBA SEE DECISION # _(¢~ DATED/o., I ?, i, ! o __ HE REQUIRED FRONT YARD, EXCEPT FOR THE AREA OF THE DRIVEWAY, HALL BE LANDSCAPED WITH GRASS OR OTHER SUITABLE GROUND COVER, REES AND/OR SCRUBS, FIRE DISTRICT - SCHOOL DISTRICT - POST OFFICE DISTRICT SOUTHOLD SOUTHOLD - SOUTHOLD 2WNER AND APPLICANT: ALEXANDER L. AND TRACT 325 HORTON'S LANE P.O. BOX 70 SOUTNOLD, NY 11971 M. SUTTON THIS SUBDIVISION WILL APPEAR IN DISTRICT 1000 SECTION 78 BLOCK 09 THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. SEP i~ZOIf) BOARD OF APPEALS 50467 I HEREBY CERTIFY THAT THIS MAP WAS MADE BY US FROM ACTUAL SURVEYS COMPLETED JUNE 15, 2007 AND THAT ALL CONCRETE MONUMENTS SHOWN THUS · HEREON ACTUALLY EXIST AND THEIR POSITIONS ARE CORRECTLY SHOWN AND ALL DIMENSIONAL AND GEODETIC DETAILS ARE CORRECT BY THiS IS TO CERTIFY THE SUBDIVISION PLAN HAS BEEN APPROVED BY THE PLANNING BOARD OF THE TOWN OF SOUTHOLD BY RESOLUTION OF APPROVAL DATED ' CHAIRMAN PLANNING BOARD Nathan Taft Corwin III Land Surveyor Title Surveys Subdivisions PHONE (631)727-2090 OFFICES LOCATED AT 1586 Mo,n Rood Jomesport, New York 11947 Site PIons -- Construcbon Loyouf FGx (651)727-1727 MAILING ADDRESS P 0 Box 196 dsmespoK New York 11947 27-166F DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE RECF. IVED MAY 0 010 BOARD OF APPEALS THOMAS A. ISLES, A.I.C. P DIRECTOR OF PLANNING May 14, 2010 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman, Chairman Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers T-Mobile Northeast LLC #6379 Sutton * #6385 Southold Free Library #6391 Harkoff #6392 McNamara #6393 Zupa #6394 Duran #6395 Maritime Day School #6395' Cebulski, Fambach & Farnbach #6398 * The driveway and pedestrian easements should be separate and distinct in order to avoid potential conflicts. TRK:ds Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE. NY 11788-0099 TELECOPIER (631) 8534044 PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND 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 RECEIVED BOARD OF APPEALS PLANNING BOARD OFFICE TOWN OF SOUTHOLD Telephone: 631 765-1938 Fax: 631 765-3136 September 15, 2009 Richard W. Vandenburgh, Esq. 220 Roanoke Avenue, Second Floor Riverhead, New York 11901 Re: Preliminary Plat Denial: Proposed Standard Subdivision for Sutton Located at 1180 North Bayview Road, 111.56 feet northeast of Liberty Lane and Victoria Drive, Southold SCTM#1000-78-9-54 and 1000-78-9-78 Zone: R-40 Dear Mr. Vandenburgh: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, September 14, 2009: WHEREAS, this proposal is for a standard subdivision where two parcels, SCTM#1000- 78-09-54 (1.82 ac.) and SCTM#1000-78-09-78 (0.624 ac.) will be re-subdivided into two new parcels. Proposed Lot 1 will be 61,899 s.f. and proposed Lot 2 will be 44,587 s.f: in the R-40 Zoning District.; and WHEREAS, the Southold Town Planning Board granted Sketch Approval on December 9, 2008 on the map prepared by Nathan Taft Corwin III, Land Surveyor, dated June 15, 2007; and WHEREAS, an application for Preliminary Approval was submitted on January 15, 2009; and WHEREAS, four public hearings have been held for preliminary approval on May 11, 2009, June 8, 2009, July 13, 2009 and August 10, 2009; and WHEREAS, based upon information submitted at these public hearings and based upon careful review and consideration of the information regarding the status of SCTM#1000-78-09-78 for the proposed Standard Subdivision of Tracy and Alexander Sutton, SCTM#1000-78-09-78 totaling 27,159 square feet (0.624 acres), the Planning Board has determined that SCTM#1000-78-09-78 remains designated as a "roadway" based upon the following: RECEIVED Sutton Pa.qe Two Septeml~t~ o~(~aa_.Al.s 1) SCTM#1000-78-09-78 is described and depicted as a 50 foot roadway and extension of Victoria Drive on a Town of Southold filed subdivision map for the Subdivision of "Reyden Heights" since 1959. 2) A report from Southold Town Planning Board to Southold Town Board, dated May 13, 1959, stating that "...the roads are all 50 feet and been cut through." 3) The tax sale from the County did not in any way alter the description of SCTM#1000-78-09-78; and WHEREAS, based upon the foregoing determination that SCTM#1000-78-09-78 is a road, pursuant to Southold Town Code §240-10(B)(2)(b), when determining yield for a proposed subdivision, total lot yield shall be determined on buildable lands only: B. Yield Plan. (1) Purpose. The purpose.of the yield plan is to determine the allowable density. (2) Standard Subdivision. A yield plan shall be prepared for a standard subdivision in accordance with the requirements of this section and shall include a requirement to provide affordable housing. (b) Total lot yield shall be determined on buildable lands only. Subdivision design shall exclude the following features, unless the applicant shall have obtained a permit from all relevant regulating authorities approving the applicant's right to place residential structures in the subject areas: [7] Areas required for public or private rights-of-way. WHEREAS, "Buildable Lands" are defined by Southold Town Code §240-3 as: BU1LDABLE LANDS -- The area ora lot or parcel, not including the square footage of tidal and freshwater wetlands, land seaward of the coastal erosion hazard area line, beaches, bluffs, primary dunes, secondary dunes, underwater lands, land subject to the transfer, sale or extinguishment of development rights and other restrictions that prevent the use of such land for construction of buildings or other development. The terms "wetlands," "beaches," "bluffs," and "underwater lands" shall have the meanings set forth in Chapter 275, Wetlands and Shoreline, of the Town Code. The terms "coastal erosion hazard area line," "primary dunes" and "secondary dunes" shall have the meanings set forth in Chapter 111, Coastal Erosion Hazard Area, of the Town Code: and WHEREAS, because SCTM#1000-78-09-78 in its entirety, is designated as a "Road", it cannot be used to determine yield; and WHEREAS, this proposed standard subdivision is in the R-40 Zoning District which has a minimum lot size of 40,000 square feet. (See Southold Town Code §280 Attachment 3.); and WHEREAS, SCTM#1000-78-09-54 totals only 79,291 square feet and because SCTM#1000-78-09-78 is designated as non-buildable land and, therefore, cannot be used when determining yield for this proposed standard subdivision, the total acreage of ~ECE[VED Sutton Page Three BOARD OF APPEALS September 15, 2009 SCTM#1000-78-09-54 for the proposed subdivision into 2 lots is insufficient, as 80,000 square feet would be the minimum required for this proposed subdivision to be in conformance with Southold Town Code zoning requirements (The yield, as presented, is 709 square feet short.); be it therefore RESOLVED, that based upon the above reasons cited, the Southold Town Planning Board hereby denies Preliminary Approval on the map prepared by Nathan Taft Corwin III, Land Surveyor, dated June 15, 2007, due to the inability to meet the yield requirements as outlined in Southold Town Code §240-10(B). If you have any questions, please do not hesitate to contact this office. Very truly yours, Martin H. Sidor Chairman RECEZVED FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT NOTICE OF DISAPPROVAL BOARD OF APPEALS DATE: October 14, 2009 Update:3-18-10 TO: Alexander L. & Tracy M. Sutton P.O. Box 70 Southold, NY 11971 Please take notice that your application dated October 13, 2009 For a permit for a subdivision at: Location of property: 1160 North Bayview Rd., Southold, NY County Tax Map No. 1000 - Section 78 Block 9 Lot 54 & 78 Is returned herewith and disapproved on the following grounds: The proposed two lot subdivision, on this 79, 291 square foot lot in the Residential R-40 District, is not permitted pursuant to Article I, Section 280-4, "Definitions" which states; Lot Area: The area of a lot taken at its perimeter, exclusive of any portion within a public or private street right-of-way. SCTM#1000-78-9-78, is designated as a 50 foot roadway and extension of Victoria Drive on a Town of Southold filed subdivision map titled "Reyden Heights" filed 1959. Pursuant to Article IV, Section 280-18, 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". Thus according to the Bulk Schedule the lot size would have to be 80,000 square feet for two lots, the roadway can not be added to the lot area. The proposed subdivision was denied by the Southold Town Planning Board Authorized Signature TO: FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT NOTICE OF DISAPPROVAL Alexander L. & Tracy M. Sutton P.O. Box 70 Southold, NY 11971 DATE: October 14, 2009 Please take notice that your application dated October 13, 2009 For a permit tbr a subdivision at: Location of property: 1160 North Bayview Rd., Southold, NY County Tax Map No. 1000 - Section 78 Block 9 Lot 54 & 78 Is returned herewith and disapproved on the following grounds: The proposed two lot subdivision, on this 79,291 square foot lot in the Residential R-40 District, is not permitted pursuant to Article 1, Section 280-4, "Definitions" which states; Lot Area: The area of a lot taken at its perimeter, exclusive of any portion within a public or private street right-of-way. SCTM#1000-78-9~78, is designated as a 50 tbot roadway and extension of Victoria Drive on a Town of Southold filed subdivision map titled "Reyden Heights" filed 1959. Pursuant to Article IV, Section 280-18, 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". Thus according to the Bulk Schedule the lot size would have to be 80,000 square feet for two lots, the roadway can not be added to the lot area. The proposed subdivision was denied by the Southold Town Planning Board. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, ZBA APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. 1160 Street North Bawiew Road Hamlet Southold SCTM 1000 Section 7~8 Block 9~Lot(s) 54 & 78 Lot Size 79,291 sq.ft. Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED March 18, 2010 BASED ON MAP dated January 21, 2008 Applicant(s)/Owner(s): Alexander L. & Tracv M. Sutton Mailing Address: 1160 N. Bawiew Road., Extension, P.O.Box 70~ Southold NY 11971 Telephone: 765-3856 Fax #: Email:pcmoorel~,optonline.net NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Patricia C. Moore Esq. Agents Address: 51020 Main Road~ Southold NY 11971 Telephone 765-4330 Fax #: 765-4643 for ( X ) Owner, or ( ) Other: Email: pcmoore 1 ~,optonliue.net Please check box to specify who you wish correspondence to be mailed to, from the above names: ? Applicant/Owner(s), or X Authorized Representative, or ? Other Name/Address below: ~ECE~/ED BOARD or APPEAl~ ~ WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED January 21, 2008 (survey) and DENIED AN APPLICATION DATED October 13, 2009 {updated March 18~ 2010) FOR: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article IV, Section 280-18: Original Lot is 200 ' x 400', put is a parallelogram, therefore the lot (1000-78-9-54) is less than 80,000 sq.ft., 709 sq.ft, under the 80,000 required for a conforming subdivision An area variance is required to subdivide parcel (1000-78-9-54)with less than 80,000 sq.ft. Note: Planning Board determined that 1000-78-9-78 is designated as a 50' roadway and extension of Victoria Drive, shown on a Town of Southold filed subdivision map entitled "Reyden Heights", filed 1959, therefore the unimproved road can not be used toward subdivision yield. Area variance is required to subdivide lot Type of Appeal. Au Appeal is made for: X A Variance to the Zoning Code or Zoning Map. y A Variance due to lack of access required by New York Town Law-Section 280-A. ~ Interpretation of the Town Code, Article Section ~ Reversal or Other A prior appeal has, ~ has not been made at any time with respect to this property, UNDER Appeal No. Year_ (Please be sure to research before completing this question or call our office for assistance.) ~OA~D OF APPEALS Name of Owner:Sutton ZBA File # 6~ ~ 5 REASONS FOR APPEAL (additional sheets may be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The surrounding community of Reyden Shores consists of 15,000 sq.ft., (100' x 150') parcels. The parcel is 709 sq.ft, less than the required 80,000 sq.ft. This acreage excludes a 50' wide mapped road appearing on the filed Map of Reydon Heights. The road is unimproved, privately owned by the applicant, and contains a 10 foot dirt drive from Vitoria Drive (Town Road) to North Bayview Road (Town Road). The cleared portion of the 50 foot road is only 10' feet and, therefore 40 feet of the private road provides additional screening and land to the applicant's property. However, because the private road appears on a subdivision map it can not be used toward the subdivision yield. Lot I is improved with a single family home. The proposed vacant lot will also maintain a building envelope which will be conforming to the r-40 requirements. The existing house and proposed lot will not produce an undesirable change to the character of the neighborhood. Both parcels front on public roads. The existing house fronts North Bayview Road and the lot will have direct access to Vitoria Drive. Those parcels with deeded access over the private road will not be adversely affected by the proposed subdivision and the applicant does not propose any changes to the 50' x 500' road parcel. An area variance for the Sutton's proposed lot is unique and will not result in other similarly sized lots located on North Bayview Road from seeking variances. The Sutton's parcel has direct road access to North Bayview Road, the separate contiguous parcel provides road frontage along the right-of-way and an additional access. Unlike parcels to the east on North Bayview Road which are similarly sized, the neighboring parcels do not have two road fronts or additional land area. Any subdivision of these lots would necessitate creation of flag lots which would further reduce the size of a subdivision lot. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The 50' x 500' parcel (1000-78-9-78) was acquired from the same owner of the improved parcel. The two parcels were believed to have merged to form the oversized lot. It was the applicant's belief that the additional 27,159 square feet could be added to the improved lot (1000-78-9-54) which is almost ~IO&RO OF APP~.L~ two acres in size and the merged parcel would provide the additional square leetto permlttne subdivision of two conforming lots. This map received sketch plan approval on December 9, 2008 and a SEQRA negative declaration from the Planning Board on March 23, 2009. It was not until the preliminary map public hearing on September 15, 2009 that the Planning Board determined that the contiguous parcel was unbuildable (road) and the subdivision required a variance due to insufficient acreage. (3) The amount of relief requested is not substantial because: The land is only 709 square feet from compliance with the acreage requirements for subdivision of this parcel. The subject parcel is 200' x 400', however, it is a parallelogram which can not be split into two conforming 40,000 acre parcels. Practically, the contiguous road parcel is 27,159 sq.ft, and upon inspection one can not distinguish the location of the property lines. Nevertheless, the code is clear that this land which is owned by the applicant and visually indistinguishable can not be used to make the proposed lot conforming. A variance from the zoning ordinance is required. (5) Has the alleged difficulty been self-created? ( )Yes, or ( x )No While the proposed subdivision received sketch plan approval from the Southold Town Planning Board on December 9, 2008 and SEQRA negative declaration, the code can not be met. The applicant was unaware that the road could not be included in lot area of the larger parcel. The road is unimproved and the dirt pathway of the road is at most 10 feet in width. They purchased the land from the same seller and believed that a re-subdivision was possible without variances. An application for the subdivision was filed with the Planning Board on May 20, 2008 and until the Preliminary map was denied on September 14, 2009 the subdivision was believed to be possible without variances. Are there Covenants and Restrictions concerning this land: X No. Yes (please furnish copp). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IFA USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) Sworn t before me this ] c/TH day of ~n~,v2~010 Notary Pur4olic MARGARET C. RUTKOWSKI Notary Public, State of New York No. 4982528 Qualified in Suffolk County Commission Expires June 3, o~o t I of Appellant or Aulhorized Agent 06/29/2010 15:38 FAX 631 765 4643 MOORE LAW OFFICES ~001 PATRICIA C. MOORE Attorney at Law 51020 Main Road Sou~:hold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 RECEIVED '~ JUN 2 ~ BOAR, D Of=/~ppl~At2 June 29, 2010 VIA FAX ONLY Attn: Vicki Toth Zoning Board of Appeals RE: ALEXANDER & TRACY SUTTON #6385 PREMISES: 1160 NORTH BAYVIEW ROAD, SOUTHOLD SCTM: 1000-78-9-54 & 78 Dear Vicki: Here is the answer to question # 4 of the original ZBA application. (4)The variances will not have an undeeirable impact on the character of the neighborhood and will not have an adverse impact on the physical or environmental conditions in the neighborhood. The Planning Board subdivision regulations place restrictions on tree removal. The subdivision will require that tree clearing limits be placed on the map and in Covenants and Restrictions. Therefore, most of the trees which surround the property will be retained. A majority of the area where the house would be placed is already a cleared lawn. To the extent that the larger trees can be retained, the Planning Board will review the proper location of the building envelope. The trees which run along Lot 78 (the 50 foot paper road) will be preserved to the extent that the access is permitted to remain 10 feet in width. The only clearing would be that which is required by the Southold Town Building Department or Fire Department to maintain adequate fire and emergency access. As to the impact of the proposed lot on neighboring values, proposed 1,3t #2, .30,063 sq.ft., would be more than a 20,000 sq.ft larger ( three times the size) in net area, than the neighboring lots in Reydon Heights which are approximately 10,000 sq.ft, of lot area size. --P-atricia C. Moore APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Alexander L. & Trac¥ M. Sutton Date Prepared:March 17, 2010 ~ECE~VED BOARD OF APPEALS I. For Demolition of Existing Building Areas Please describe areas being removed:none II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: none Dimensions of new second floor: none Dimensions of floor above second level: none Height (from finished ground to top of ridge) Is basement or lowest floor area being constructed If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary) - Please describe building areas: n/a Number of Floors and General Characteristics BEFORE Alterations: _ Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: Square footage of your lot: Using Subdivision Map reviewed by Planning Board (Sketch Plan approval & SEQRA) 1000-78-9-54 79,291 sq.ft. (1.820 acres) Lot 1: Proposed improved lot 49,292 sq.ft. (+ 12,607 sq.ft. Within road area) Total buildable plus unbuildable= 61,899 sq.ft. Lot 2: Proposed vacant lot 30,063. (+ 14,488 sq.ft. Within road area) = Total buildable plus unbuildable = 44,551 Road: 1000-78-9-78: 27,159 sq.ft. (0.624 acres) RECEIVED' Percentage of coverage of your lot by building area: n/a V. Purpose of New Construction Requested VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): flat Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking comers for new construction), or photos of existing building area to be altered (area of requested changes). 7/2002; 2/2005; 1/2006 OWNER: CTM: QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Alexander & Trac¥ Sutton 1000-78-9-54 & 78 ls the subject premises listed on the real estate market for sale? [] Yes E No Are there any proposals to change or alter land contours? E No [] Yes, please explain on attached sheet. BO/4RD OF ~PPEAL$ 1) Are there areas that contain sand or wetland grasses? no 2) Are these areas shown on the map submitted with this application? n/a 3) Is the property bulkheaded between the wetlands area and the upland building area? no 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? n/a Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved map. D. ls there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? no (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? no lfyes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? two subject parcels yes, please label the proximity of your lands on your map with this application. If H. Please list present use or operations conducted at this parcel existin~ dwelline and proposed use improved lot and vacant lot (examples~dxisting: single-family; proposed: same with garage or pool, or other description.) Au'lh-~rized Signature and Date 2/05; 1/07 617,21 ~tppendix C State Environmental Quality Review sHORT ENVIRONMENTAL ~SESSMENT FORM For U1VZ.[$TED ACTIONS Only PAIKT I - Project la.formation (To be complete by Applicaat or ProjeCt spomor) 1. Applicant / Sponsor 2. Project Name RECEWED 8OARD OF APPEALS 3. Project location: Municipality County 4. Precise location (Street address and road intersections, p~'omthent landmad<s, etc. or provide map) loc,o- -/ - ,¢ 7 I 5. Is proposed action: ( }NEW ( )EXPANSION ( /~MODIFI¢ATION/ALTERATION 7. Amount of land affected: InitiallY:,~/~ acres; 8. Will proposed action comply with existing or other existing land use restrictions:( ) YES (~ NO If No, descdbe bdetiy: 9. What is present land use in vicinity of project: (describe): l('~Residential[ ( )thdustdal ( )Commercial ( )Agricultural ( )ParkJForest/OpenSpace ( )Other 10. Does actton I~volve a permit approval or funding, now or ultimately from any other Governmental agency,(Federal. State or Local) ? I ( )YES (~ NO If Yes, list agency(s) and permi'dapprovals: 11, Does any aspect of the action have a currently valid permit or approval? YES (/~ NO If Yes, list agency(s) and permilJapprovals: 12. As a result of proposed action, will existing permit/approval require modification? YES (X) NO If Yes, list agency(s) and permit/approvals: '" ' the information provided above is true to the beat of my kn, owledge thy ~ Signature; If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment & NTRACTVENDEE AND AGENT: ' The Town of $outhold's Code of Ethics pro~bi~ conflic~ of~ter~t on ~e pan of To~ officers and employees. ~e pu¢o~ of~is fora is to Wovide hfo~ation, w~eh c~ alefl ~e Tom of possible conflic~ of in~qr~t and a~ow it to take whatev~ action is oec~sa~ to avoid sa~. first name, ~fldle ~ifial, ~s you ~e appl~g m ~e name of mmeon~ o~ enti~, such ~ a COmpany. dso, ~dicate ~ Oth~ P~on or ~mp~y name) ~A~ OF ~PLICA~ON: (Cheek all that apply.) , V~ce S~ial'E~cepfion ~O~er APPrOval'or ~emp~6n -' ~ ' · 0~.. plat ~o[ officlal~ . map ~ge Or.ne ' T~.Ghev~ee Db you personally (or '~ough. ybnr company, spouse, sibling, p~ent, or chil~a relationship ~th any officer or employee of the To~ ~f Sou~old? ,,~ blood, mamae or bus]ness .:interest. "Business 'interest" means a businesq in ludin ~ a ° evens .ia, o e shi' of or .~g~~ me l'own o mcr o emolo ....... - YES ~ ,, ,~.~_ss more than 5% of ~he If you anSWered ', .,, : Y]~ , complefe the balance of this form and'date and sign Where indicated Name o£person employed by the Town of $outhold: Title or position of that person: Dea6iSbe that relationship between yourself (the applicanL agent or contract vendee) and the Town OffiCer or employee. Eithe~ check the api>i-opriate line A through D ~below) and/or desciSbe the rel0tiouship in the space prov/ded. The Town officer or employde or h/apr h6r, spous~, sibling, parent, :or'child is (check all that apply): ' _ · __ .4.) the OWner of greater'than 5% of the shares of . of the appheant (when the a;.'..li-: .. · the corporate stock __ . v'~, u~nt ~s a ¢orporat/dn)~ · B) the legM or bi~neficial Owner ofan~ interest in a non-coPporate entit3. (when the applicant ia n6t a corp0ni~on)} . , ~ C) an officer, director, partneL or employee of the appiieant; or D) the'actual api~licant' · . DESCRIPTION OF RELATION$fffp The Tow~ of ~ou~old'8 Cod~ o£ ~t~ics prof~hit~ ~o~qiet8 ~f imer~t o~ t~e p~ ~~S and employee& ~e pU~o~ of t~i~ fo~ ~ to provi& ~fo~6o~, ~ e~ ale~ ~e To~ of possible ~onflie~ of in~t a~d aflow ff to take whatever ae6o~ i8 nee~8~ to avoid Same. (Last name, first name, ~ddl~i~ ~s - ~ yaa~ ~1 ~e ~a~e Of SO~eone ~IS~ O~ O~er enti~, such ~ a comply, flsa, indicate the. o'~p~son or. mmp~y~ name.) ~A~ OE ~PLICA~ON: (Check all that apply.) , Special E~cep~on AppfovM'o~ ~empO6n -- ' ~6~ plat 'or offi~al map ~ge of~ne T~ ~evance - Do you per~nally (or ~ough y6nr company, spouse, sibling, parent, or relafo~ship ~th any offia~ ~ employee ' chil~) have blopd, -m&~a e or bugin ss.~teres[ Of&e To~ of8outhold?.' a . - ........ ~neans a buMnes5 .Fn'cludin -a ~aOon in which the T0 ~- ~ ao..~ n~ even a. Nmi O~ershi of or ~ ~'0~o fleer or em~lo~,e~ ~S . . ~ o, ~ore than 5~ If you answered "~,~ complele Ihe balanae of th~ fo~m and date and sign ~3ere indicate~ Name Ofperson employed by the To~ o~Sou~old: Title or position of that person: Describe that re/afionship be~een y0urself (the applJca.nt, agent or conffact vendee) ahd the T6~ 0ffi~ or employee. Either check ~e approp~ate line A t~oagh D ~elow) an~or desc~be the relotionsh~p in ~e ~ace pro~ded. ~e To~ o~cer or employee or his or h6r~sp~% sibl~g, paren~ .or-child ig (check all that __ A) ~e O~er or.eater than 5% of the sh~ of~e co.grate stock of~e appli~ani (wh~ ~e a~p~c~t B).~e legal or ~fiefieial O~er ofaa~ (when ~e applia~t is n6t a C) ~ office, ~rectoh ~ D) ~e acaal aPPlie~t. . or e~loyee of~e applie~t; or DES~TtON 0F ~LATIONS~ AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED ~OARD OF APPEALs WttEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, site plan approval, use variance, or ~ubdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in agricultural distric~ All applications requiring an agricultural data statement must be referred to 'the SUffolk .County Department of Planning in aCCOrdance with Sections 239- m and 239-n of the General Municipal Law. 3) Name of Lanai Owner (if Other than applicant)~ 4) Address of Land Owner: . 5) .Description of Proposed Project: ~) Location of Pr0pert~, (road and tax map number)- /o~>t~ - ~'- ~-'r_Sw,/*'4 2'6' 7) Is the parcel within an agricultural alisa-let? I~No I-lyes If yes, Agricultural District Number 8) Is this parcel actively fanned? ~No [~]Yes 9) Name and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address 1. (Please use back side of page if more than six property owners arc identified.) Thc lot numbers may be obtained, in advance, when requested from either the Office of the Planning Board at 765-1938 6~r..the'Z~in~Board &Appeals at 765-1809. Signature of Applicant Date Note:. I'. The local board will solicit, comments from the owners of land identified ahevc in order to con~idc~ thc cffcct oftha proposed action on their farm opcratico. Solicitation will be mede by ~upplying a copy of this statement. 2. Comments returned to thc local board will bo taken into consideration as part of thc overall review of this a;plication. 3. Copic~ of thc completed Agriculthral Data Statcraent shall bc scat by applicant and]or the clerk of thc board to ~he property owners identified abov~ The cost for mailing shall be paid by thc applicant at thc time the application is submitted for review. Failure to pay at such time means the'application is not complete and cannot be acted upon by the board. ' 1-14-09 TOW2N O1~ SOUTHOLD BUILDING DEP~?ITMENT TOWN F/ALL' SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown. No rthFork, net Examined ,20 Approyed ,20 Disapproved ~c Expiration ,20 PERMIT NO. BUILDING PERMIT AP'~EICATION CHECKLIST RECEIVEI) SO&~'{D OF AppEAL~ Building Inspector ICATION FOR BUILDING PERMIT sets of ThiSa~m.urate~mple~eiyifi .%~tJ ~l~il ~,ea[~ F~ c~ t o ~ch~ule--fdled in by t~c~ter or in ink ~d su~tted to ~e Budding ~spector ~ ith 4 c. ~e work ~wmd by t~s app~cation may not ~ comm~ed before ism~ee of Buil~g Prat, d. Upon approv~ offs appHcaQon, the B~iding ~tor will i~ue a Buil~g Pe~t m ~e app~cant, Such a pemit s~ ~ ke~ on the we~s~ a~ihble for imp~ction ~o~out the wor~ e. No building shall ~ o~upi~ or used ~ whole or in p~ for ~y p~ose what so ~er un~ ~e B~t~g ~spe~or issues a Ce~fimlc of Occup~cy. f. Eve~ buil~g pcmt shall expke if the wo~ auto.zed ~s net commenced wit~ 12 months ~er ~e date of issu~ or h~ not b~n ~mpleted within 18 mon~ from ~ch date. If no zo~ng ~en~enB or o~er m~laffons ~feedng the propeay have been e~c~d in the interim, thc Buil~g ~ector may auto.e, ~ writing, ~e e~sion of~e p~t for an addflion s~ monks. Th~fl~, a new pe~t sh~ be r~, ~PLICATION IS HE.BY M~E to t~e B~l~ng Dep~em for ~ issu~ of a B~g Prat pm~t to the Building Zone O~ce oft~e Tom of Sbuthold, Suffolk Coumy, New York, ~d ot~r app~cable ~ws, Or~ or Re~lations, for the ~m~ction of bulling, ad~tiens, or alterations or for ~ov~ er dmoEtion ~ kem~ d~cdbed. ~e applic~t a~es to comply wi~ ~ a~licable laws, o~in~s, buil~g code, hou~ng code and [e~lations, ~ to admt authorized inspecto~ on pm~ses ~d in bulldog for necess~ nsec om ~ [ ~ (I State whe~ applic~t is owns, less~, egret, ~chiteet, en~neer, general ~n~actor, elec~ci~, plmb~ or b~ld~ OWNER Nameofowmerofpremises ALEXANDER L. SUTTON & TRACY M. SUTTON (As on the tax roll or latest d~:i) If applicant is a corporation, signature of duly authorized officer (Narae and title of corporate off%er) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. l. Locaden of land on which proposed work ~vill be done: 1160 North mayview Road Southold House Number Street County Tax Map No. 100O Section Subdivision 078 Hamlet Block 09.00 Filed Map No, Lot ~.054.O00 & O'~8.000 · ,' Lot uolln9 ,~J/ pul~ xel¥ *gg:Ol~ LO £L ^ON $'d 9139¢'g9Z [ ~9 2. Stateexistinguseandoccupancyofpremisesandintandeduseandsccupanc~ afpropesedconstms~on. a~ Existing use and occupancy Sinqle Family Residence b, Intemdeduseandoccupancv 2 Separate Lots - 1 beinq vacant 3. Nature of work (check which applicable): New Building. Addition Repair Removal 4. Estimated Cost 5. If dwelling, number e f dwelling units Jf garage, number of cars Demolition Other Work SUB-DIVISION (Description) Fee $5o.00 (To be paid on filing this application) - Number of dwelling units on each floor 6. If business, comm~cial or mixed occupancy, specify nature and extent of each type of use. N/A 7. Dimensions of existing structures if m'~y: Front ..... -_ ........ Reax __- ..... Height . Number of Stories .Depth- Dimensions of same structure with alterations or additions: Front , - Rear -_ Depth - Height. N umbe,'r'iSf St~ -~ ~ .: ..... - 8. Dimensions of entire new construction: Front - Height Number of Stories 9. Size of lot: Front Rear 10, Date of Purchase Name of Former Owner Rear ;; I- Depth - .Depth !- l I. Zone or use district in which premises are situated R-40 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO x 13. Will lot be re-graded? YES __ NO__ Will excess fill be removed from premises? YES 1 a. Names of Owner of premises Address Phone No. Name o f Architect Address Phone No Name of Contractor Address Phone No. NO × 15 a. ks this property within 100 feet cfa tidal wetland or a freshwater wetland? *YES__ NO x * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS IvlAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO x * IF YES, D.E.C. PERMITS MAY BE REQU[kED. 16. Provide survey: t~ scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18..4xe there any covenants and reslrictions with respect to th~s property? * YES NO. x · IF YES, PROVIDE A COPY. STATE OF NEW YORK) $S: COUNTY OF ~r~=~: ) TR~CY M. SUTTON being duly swam, deposes ~d says that (s)he is ~e applicant ~e of ~divid~ s[~i~g cataract) above named, (S)He is the OWNER (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file th~s applicatios; that all statements contained in this application am true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. uollnS /omi puc xel¥ e¢g:O~ LO Z~ ^ON ~OA~D OF APPEALS ~£C£IVED t ' a( ',~O OF ApPEALS ~ECE/VED BOARD OF APPEALS Tracy Sutton 1160 North Bayview Road Ext. Southold NY 11971 March 12, 2010 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Dear Ms. Moore: I, Tracy Sutton, on behalf of myself and my husband, Alexander Sutton, authorize you to make any and all applications and appear on my behalf to the Town of Southold Zoning Board of Appeals and any other necessary agencies on my behalf regarding properties located at 1160 North Bayview Road Extension, Southold, New York (sctm: 1000- Tracy St~tt~_) -~ PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND December 9, 2008 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, N-Y 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 RECEIVED Richard W. Vandenburgh, Esq. 220 Roanoke Avenue, Second Floor Riverhead, New York 11901 Re: Proposed Standard Subdivision of Alexander & Tracy Sutton Located on North Bayview Road, 111.56 feet northeast of Liberty Lane and Victoria Drive, Southold SCTM#1000-78-09-54 and 1000-78-09-78 Zone: R-40 80ARD OF APPEALs 63 5 Dear Mr. Vandenburgh: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, December 8, 2008: WHEREAS, this proposal is for a standard subdivision of a 2.444 acre parcel into 2 lots, SCTM#1000-78-09-54 and 1000-78-09-78. Lot 1 would total 61,899 square feet and proposed Lot 2 would be 44,587 sq. ft., in the R-40 Zoning District; and WHEREAS, an application for sketch approval was submitted on May 20, 2008, including the sketch plan prepared by Nathan Taft Corwin III, Land Surveyor, dated June 15, 2007; and WHEREAS, on October 14, 2006, the applicant submitted a Letter of Opinion from Mr. Kenneth Zahler, Principle of Aquebogue Abstract Corp. Title Company to the Southold Town Planning Board indicating that the existing easement of ingress and egress running along the northeast boundary of the subject property is fully within the discretion of the owner as to its placement and location due to its lack of a description regarding specific dimensions; and WHEREAS, on October 14, 2008, the Southold Town Planning Board agreed with the Title Company's assessment of the easement issue; and WHEREAS, on November 26, 2008, the Southold Fire District determined that there is adequate fire protection in the area and fire access is sufficient; be it therefore RESOLVED, that the Southold Town Planning Board grants Sketch Approval on the map, prepared by Nathan Taft Corwin III, Land Surveyor dated June 15, 2007. If you have any questions regarding the above, please contact this office. Very truly yours, - i, Jerilyn B. Woodhouse Chairperson RECE VED- FOSTER & VANDEN~URGH, LLP ~ ATTORNEYS AT OWNER/ RES. ,--~./0 [SEAS. LAND IMP. ~OOZ~ TOWN OF SOUTHOLD STREET VL~ FARM TOTAL DATE PROPERTY VILLAGE RECORD CARD SUB. W TYPE OF BUILDING r~ COMM. CB. MICS. Mkt. Value REMARKS AGE F~RM riltble ~/bodland NORMAL rotal Acre BUILDING CONDITION BELOW Value Per Acre ABOVE Value FRONTAGE ON WATER FRONTAGE ON ROAD Aeadowland ~' DEPTH touse Plot / ~ /~ /~ 67~'.') BULKHEAD DOCK / TRIM Ex[ene,o~ Extension Extension Porch Porch Garage O.B. Total ~Foundohon Both Floors Ext. Walls L,//A,J L/C.> Interior Finish Fire Place Heat Driveway r Dinette K. LR. DR. Type Roof Rooms 1st Floor BR. Recreation Room Rooms 2nd Floor ~ Dormer I©(~ -.'~ ~ - q - ~ ~r' TOWN OF SOUTHOLD P~ROPERTY RECORD CARD OWNER STREET TYPE OF BLD. PROP. CLASS LAND IMP. TOTAL DATE FRONTAGE ON WATER HOUSE/LOT BULKHEAD TOTAL TOWN OF SOUTHOLD PROPERTY RECORD 'CARD /00~ /~ · '~' · I'Z-/(~ "'"'"'"'"'""~'"~-~ OWNER STR~E-I' VILLAGE DIST. SUB. LC~T ,~EP. OWNE~ '" ~ N E , AC.. ~z-'~C~ik ~'/,~rTJ/-~/ ' S W " , CODE OATEOFCONSTRUC'rlON LAND IMP. TOTAL DATE RF_J~RK$ FRONTAGE ON WATER Tillable W~Ia~ FRO~AGE ON ~AD ~¢~l~d DE~H House Pla BULKH~D PATRICIA C. MOORE At;orney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 RECEIVED ~OARD OF APPEALS March 19, 2010 Attn: Pat Conklin Town of Southoid Building Department Main Road Southold NY 11971 RE: SUTTON SCTM: 1000-78-9-54 & 78 Dear Pat: This is to confirm the telephone conversation had with you that the above Notice of Disapproval updated on March 18, 2010 does not need to be revised and there is no need for a variance for front yard set back as the house has a Certificate of Occupancy and there are no proposed changes. Thank you. Very truly yours, Patricia C. Moore PCM/bp c: Mr. & Mrs. Alexander Sutton ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville March 23, 2010 Zoning Appeal No. 6385 Transmitted herewith is Zoning Appeals No. 6385 Patricia C. Moore~ Esq for Alexander L & Trac¥ M. Sutton - the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Transactional Disclosure Form, Agricultural Data Statement, Cover letter from Patricia C. Moore Dated March 19, 2010, Letter from Patricia Moore to the Building Department Dated March 19, 2010, Notice of Disapproval from Building Department Updated March 18, 2010, Notice of Disapproval from Building Department Dated October 13, 2009, Copy of Application for Building Department Dated October 11, 2009, Copy of Subdivision of Reydon Heights, Authorization letter from Tracy Sutton to Patricia Moore to Represent them in this Matter, Resolution from Planning Board of Southold Dated December 9, 2008, Resolution from Planning Board of Southold Dated September 15, 2009, 3 Pages of Copy of Property Record Card, 2 Pages of Photos of House & Property, Copy of Subdivision Showing Plot Plan Showing Existing & Proposed Construction Dated June 15, 2007 Prepared by Nathan Taft Corwin III Land Surveyor. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 03/22/10 * * * RECEIPT * * * Receipt~: 74848 Transaction(s): 1 1 Application Fees Reference Subtotal 6385 $600.00 Check#: 4596 Total Paid: $600.00 Name: Clerk ID: Sutton, Alexander And Tracy P O Box 70 1160 N Bayview Ext Southold, NY 11971 CAROLH Internal ID: 6385 Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold NY 11971 Reft Sutton Subdivision application SCTM#'s 1000-78-9-54 & 78 September 23, 2010 Dear Chairwoman Leslie Weisman and the Zoning Board of Appeals: After review of the proposed amended standard subdivision map submitted by the applicants on September 14, 2010, we would like to express our concerns regarding the following: SCTM# 1000-78-9-78 is not referred to as a 400x50 foot right of way/road. In addition there is a reference to a dirt path on this parcel which we believe mischaracterizes the right of way/road. We request you kindly take this and our letter dated September 14, 2010 into consideration during your deliberations on the Sutton subdivision application. We would ask any decisions rendered be required to be filed by the applicant with Suffolk County prior to any resubmissions to the Planning Department. Respectfully, Thomas & Claire Kennedy 144 Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold NY 11971 RECEIVED ~ S£P 1 4 21~ BOARD OF APPEALS September 14, 2010 Dear Chairwoman Leslie Weisman and the Zoning Board of Appeals: This is our understanding of the Sutton application as amended and as the Zoning Board of Appeals intends to approve it: 1. lot sizes that are more conforming with the Reydon Heights neighborhood. 2. the applicants recognize the 50X400 right of way and the community's right of access over the ROW. 3. maintenance of the ROW will be the responsibility of the applicants with adequate clearing for vehicular traffic including access for emergency vehicles. 4. the variance by the ZBA include restrictions stating that the setback for the new lot would always maintain a minimum ora 40 foot front yard setback starting at the edge of the front of the property which boarders the 50 foot x 400 foot dirt road/right of way (sctm#1000-78-9-78). 5. that the dirt road/row sctm#1000-78-9-78 could not be included in any way into any new lots or built upon 6. a new surwey which will become the filed subdivision map must reflect the changes discussed at the 08/26/10 including the removal of incorrect information including those to the road and right of way. 7. Record with Suffolk County a covenant agreeing that there should be no further variance of the front yard setback.** ** In addition to making this a condition of the variance, the applicant should be required to file a covenant. The restriction on a further variance of the property should be recorded in the Suffolk County Clerks office. In the past when such restrictions were not recorded against the property they were not upheld by the courts. We kindly request the opportunity to review the new site plan map upon receipt by the ZBA. We can be reached at (631) 255-7650. Respectfully, Thomas & Claire Kennedy William C. Grigonis 470 Columbia Road Southold, NY 11971 765-9269 26 August 2010 To: Zoning Board of Appeals, Town of Southold, New York re: REQUEST FOR VARIANCE ICO ALEXANDER L. AND TRACY M. SUTTON #6385 1. After review of the documents submitted by the attorney for the Sutton's requesting a variance for the property located on SCTM: 1000-78-9-54, the following concerns are submitted: a. The submitted request for variance and its attached survey still show incorrect labeling of the ~right of way." Request that the mp be modified to show that the "Right of Way" is only 50' x 400' with no references to ~foot path" etc. b. It is requested that Restrictions be placed on the Lot Variance, if granted, to state that a variance will not be granted at a later date to allow for a decrease in the minimum setbacks required by Southold Town Code of 40' front yard and 50' rear yard. c. It is requested that Variance be granted with the understanding that the lot created wouldbe ~Non- Conforming" and that a Restriction be placed on the lot that it cannot seek to incorporate any portion of the 50' 400' ~Right of Way." x 2. It is requested that all parties concerned be aware that it is the responsibility of the owner of any ~Right of Way" to maintain the property for the purposes of emergency ingress/egress at a minimum based on local police and fire department emergency needs. 3. If the attorney for the Sutton's is submitting a new proposal with a new survey, it is requested that the ZBA table this request to allow for the residents of Reydon Heights to consult with legal counsel as these documents were not submitted in proper timeframe or in good faith to allow for proper review prior to this public meeting. re: REQUEST FOR VARIANCES ICO A?.~.XANDER L. AND TRACY M. SUTTON #6385 4. In the Sutton's Application there are numerous claims that are not based on fact: a. The application states that an ~Undesirable change will not be produced in the character of the neighborhood." The neighborhood along North Bayview Extension, as seen in the attached n~ap, is not Reydon Heights. This variance will open all residents along North Bayview Extension to apply for variances to create buildable lots, non- conforming lots or sub-divisions. There is already a precedent set along the north side of North Bayview Road. This may be an undesirable change for the North Bayview Road Extension Community. b. If a person stands where the proposed lot would be and where the submitted proposed lot would face if built upon, it would front a ~Private Road" not a ~Public Road" as stated in the request for ~riance. The Private Road being the ~Right of Way" owned by the Sutton's. c. The only benefit that is being sought is to create a buildable lot for personal sale and gain. Based on the statement in the request for variance it makes it seem as though the Sutton's are the victim. In reality the Sutton's did not seek sound legal advice and the Planning Board did not seek or give sound legal advice later in the process when granting ~Sketch Approval" in December of 2008. In other words this alleged difficulty, has been self created for the sole purpose of creating a second lot for future personal sale/gain. It is not the fault of the public that the Sutton's had intial poor legal advice. 5. Concur with granting of a variance to create a separate "Non-Conforming Lot with Restrictions" and that the Restrictions be filed with the Suffolk County Clerks Office. Respectfully, 2 Petition to S.A.V.E. our Neighborhood As neighbors, we are very concerned with the proposed subdivision as outlined in Request j:or Variances from code section 280-18 Request #6385 by Alexander & Tracy Sutton Property Location: 1160 North Bayview Road, Southold Collectively, we register our opposition to this application and respectfully ask the Board of Appeals to help us $.A.V.E. our Nei§hborhood. If approved, we believe this sub-division will negatively impact our neighborhood in the following ways: S - Safety A- Aesthetics V- Value E- Environment Safety...the changes outlined will negatively impact the play area for children of the Reydon Heights neighborhood. It may also obstruct an important access and departure path for this community. Aesthetics...the proposed building site would dramatically alter the aesthetic of the existing footpath, which many of us view as a beautiful country lane. Further, it would eliminate many of the surrounding trees and bushes and the natural beauty and tranquility of the neighborhood will change forever. Value...we all purchased homes in the neighborhood because it still captures the best of what the North Fork has to offer. We all had faith that the neighborhood zoning would ensure that the pastoral and bucolic setting that we love so much would remain forever. This sub-division will alter the character of the neighborhood and very likely our property values will suffer. Environment...we all love the sound and sights of the many birds, butterflies and bees that also make our neighborhood home. Many of us rely on fresh water pumped from the ground. Some of us even like the deer that are our neighbors. We all have taken winter walks down the lovely Victoria Lane with snow gently falling and clinging to the trees and branches. This natural balance and beauty will change if this subdivision, is allowed to pass. Au§ust 2010 Petition to S.A.V.E. our Neighborhood As neighbors, we are very concerned with the proposed subdivision as outlined in Request for Variances from code section 280-18 Request #6385 by Alexander & Tracy Sutton Property Location: 1160 North Bayview Rood, Southold Collectively, we register our opposition to this application and respectfully ask the Board of Appeals to help us $.A.V.E. our Neighborhood. If approved, we believe this sub-division will negatively impact our neighborhood in the following ways: S - Safety A- Aesthetics V- Value E- Environment Safety...the changes outlined will negatively impact the play area for children of the Reydon Heights neighborhood. It may also obstruct an important access and departure path for this community. Aesthetics,..the proposed building site would dramatically alter the aesthetic of the existing footpath, which many of us view as a beautiful country lane. Further, it would eliminate many of the surrounding trees and bushes and the natural beauty and tranquility of the neighborhood will change forever. Value...we all purchased homes in the neighborhood because it still captures the best of what the North Fork has to offer. We all had faith that the neighborhood zoning would ensure that the pastoral and bucolic setting that we love so much would remain forever. This sub-division will alter the character of the neighborhood and very likely our property values will suffer. Environment...we all love the sound and sights of the many birds, butterflies and bees that also make our neighborhood home. Many of us rely on fresh water pumped from the ground. Some of us even like the deer that are our neighbors. We all have taken winter walks down the lovely Victoria Lane with snow gently falling and clinging to the trees and branches. This natural balance and beauty will change if this subdivision is allowed to pass. Respectfully submitted: Name: ~-~/~'"~'~" ~'/~ Address: ~ (~ rj August 2010 ~-..~ Petition to $.A.V.E. our Neighborhood As neighbors, we are very concerned with the proposed subdivision as outlined in Request~or Variances from code section 280-18 Request ~6385 by Alexooder & Trocy Sutton Property Location: 1160 North Boyview Road, 5outhold Collectively, we register our opposition to this application and respectfully ask the Board of Appeals to help us S.A.V.E. our Neighborhood. If approved, we believe this sub-division will negatively impact our neighborhood in the following ways: $ - Safety A- Aesthetics V- Value E- Environment 5afety...the changes outlined will negatively impact the play area for children of the Reydon Shores neighborhood. It may also obstruct an important access and departure path for this community. Aesthatlcs...the proposed building site would dramatically alter the aesthetic of the existing footpath, which many of us view as a beautiful country lane. Further, It would eliminate many of the surrounding trees and bushes and the naturat beauty and tranquility of the neighborhood will change forever. Yalue...we all purchased homes in the neighborhood because it still captures the best of what the North Fork has to offer. We all had faith that the neighborhood zoning would ensure that the pastoral and bucolic setting that we love so much would remain forever. This sub-division will alter the character of the neighborhood and very likely our property values will suffer. Environment...we all love the sound and sights of the many birds, butterflies and bees that also make our neighborhood home, Many of us rely on fresh water pumped from the ground. Some of us even like the deer that are our neighbors. We ali have taken winter walks down the lovely Victoria Lane with snow gently falling and clinging to the trees and branches. This natural Claire Kennedy From: banjo6@optonline.net Sent: Saturday, August 21, 2010 7:19 AM To: Claire Kennedy Subject: Flooding on Main Bayview Dear Claire & Tom, While Marie & I are leaving this morning to visit my brother Upstate and therefore will not be attending the ZBA meeting, we wnated to share with you some historical information the may prove useful in our argument to prederve the road in Reydon Heights. Shortly after we moved to Summit Drive in September of 1992, the area experienced hurricane-like winds and rain for several hours. Severe flooding resulted, especially at the bottom of the hill on Main Bayview (below the Cove condos). The road was closed due to deep flooding water, preventing folks in Reydon Heights from using the exit to town. This flooding lasted at least 24 hours. In the meantime, residents used the dirt road in question to enter and exit their properties. Hope this is helpful ..... Marie & Dick Burns 210 Summit Drive Southold, NY 11971 Page 1 of 1 8/26/2010 Thomas & Claire Kennedy PO Box 1832 Southold NY 11971 Att: Leslie Weisman, Chairperson Zoning Board of Appeais Main Road Southold NY 11971 Dear Chairwoman Weisman: We are opposed to the proposed subdivision of the Sutton's property. We strongly feel that the application for area variance contains inaccurate information and omission of facts. In reviewing the memorandum submitted by the applicant's attorney to the Zoning Board of Appeals on June 30, 2010 we take exception to several points made in the memo: The applicant makes a comparison the square footage of undersize lots in the neighborhood to the proposed subdivided lots in the application. The applicants further state the proposed lots will not produce an undesirable change. The applicant cites example of 50 undersize lots in the area and inaccurately claim that there is a history of granting variances for these lots. The reality is most of the lots/houses in this neighborhood were in existence before the R40 zoning changes and were grandfathered in and not as the applicant states granted variances. In addition, 42 of the lots cited are substantially smaller than the proposed subdivided lots which if approved by ZBA would in essence make Lot#2 a part of the Reydon Heights neighborhood by means of access to the property. This lot as proposed would be two to three times greater than a majority of the existing lots and therefore would not be within the character of the neighborhood. The applicant makes reference to the SEQRA resolution made by the Planning Board which stated the proposed action is not in conflict with the community's plans or goals. This was based solely upon information provided by the applicant prior to the community's involvement. The Planning Board's ultimate decision to deny the applicants request was based upon facts and opposition stated by the community during the public heatings held regarding this application. In addition we strongly disagree that the proposed action will not significantly impair the character of the community. The applicant's request for subdivision is not with the rural character of our community and another example of suburbanization of the Town of Southold. We disagree with the applicant's claim that this was not a self imposed hardship. In purchasing the two parcels the road SCTM#1000-78-09-78 was placed not in the name of Tracy and Alexander Sutton, but in a corporation called Little Pike's Property Inc. This may be an indication that they were aware that complications would arise from their purchase of a road and its merger into their adjoining parcel. This merits further investigation by the Zoning Board of Appeals to clarify their intentions. The memo repeatedly states that the Planning Board determined the road to be a paper road in roaching its decision to deny the applicant's request. The Planning Board decision of September 15, 2009 clearly determined that SCTM#1000-78-09-79 is a road. In addition the Planning Board references a filed subdivision map which depicts the parcel as a 50 foot roadway and an extension of Victoria Drive. The actions of the applicants towards people who use the roadway as well as submission to the Planning Board and ZBA are inconsistent referring the road as a right of way, a 10 ft. traveled path and a 7.5 It. dirt foot path. SCTM#1000-78-09-79 is a 50 ft. roadway with right of way guaranteed to many residents as proven in chain of deed and title. We will not accept any proposal that infringes upon our rights to the use of the roadway. In reviewing the two submissions made by the applicants to the ZBA on June 30, 2010, we believe it is unacceptable to include the road as part of the yield Parcel A and Parcel B. The Planning Board's decision states that the road may not be used as part of yietd. We also will not accept anything that merges or divides the road into any other parcel. Of the two proposals submitted by the applicants we are least opposed to the submission which divides the property into two almost equal lots without the inclusion of the roadway. We request that if the ZBA approves a subdisvision, that a restriction is placed on it that states the front yard set back be a minimum of 40 feet starting at the edge of the proposed lot which is the requirement for a non-conforming lot. In addition we request any variance granted include restrictions which would preclude any encroachment over the roadway. The applicants should be required to submit an accurate standard subdivision map which resolves all inaccuracies, omissions and all ZBA determinations. We ask that the applicants be required to record the accurate subdivision map prior to any additional submissions to the Planning Board. Thank you for your consideration. Respectfully, Thomas & Claire Kennedy PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 June 30,2010 Attn: Leslie Weisman, Chairperson Zoning Board of Appeals Main Road Southold NY 11971 RE: ALEXANDER & TRACY SUTTON #6385 PREMISES: 1160 NORTH BAYVIEW ROAD, SOUTHOLD SCTM: 1000-78-9-54 & 78 MEMORANDUM An application is before the Board for an area variance to subdivide 1000-78-9- 54 into two lots with lot #2 being less than 40,000 sq.ft. The map of Reydon Heights is not a Southold Town Planning Board approved map. The subdivision pre-dates the Southold Town Planning Board and the map is not filed at the Suffolk County Clerk's office. (Correcting the statements in my application) Also, attached to this memorandum is a corrected map prepared by Nathan Taft Corwin III. The map submitted with the application provides the correct area calculations, however, the 50' front yard setback of each lot should be measured from the westerly edge of the right-of-way. The enclosed map shows a conforming building envelope. The standard for an area variance is the following (1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance; (2) whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance; (3) whether the requested area variance is substantial; (4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (5) whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the area variance (Town Law § 267-b [3][b] ). PAGE 1 OF 5 (1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance Character of the Neighborhood The primary consideration in evaluating an area variance application, as it relates to the character of a neighborhood, is the extent to which the variances requested are consistent with the pattern of development in the area. ( Commentaries to Town Law § 267-b) The proposed lot 1 contains the existing residence and both the lot area and the house are conforming. The proposed Lot 2 is substantially conforming, as compared to others in the immediate area. The proposed lot area for Lot 2 is the 30,063 sq.ft, which greatly exceeds the prevailing substandard pattern of development in the neighborhood. The neighborhood is shown in Block 8 and 9 on the Suffolk County Tax map and provides a visual representation of the general character and characteristics of the properties in the neighborhood. 73 out of 78 lots are less than 40,000 sq.ft. 94% of the lots in the neighborhood are nonconforming (less than 40,000 sq.ft.). A review of the tax map shows that the pattern of development in the neighborhood is generally quarter acre to one-half acre lots. Lots less than 40,000 sq,ft,: The following is a list of properties with the approximate calculations of the lot area taken from the Tax Map with the history of Zoning Board variances approving undersized lots: 78-9-1 (14,400 sq.ft.) #3485 6/25/86 separate parcels with insufficient area 78-9-2 (12,000 sq.ft.) 78-9-3 (12,000sq.ft.) 78-9-5.1 (24,000 sq.ft.) 78-9-6 (12,000 sq.ff.) 78-9-7 (12,000 sq.ft.) 78-9-8 (12,000 sq.ft.) 78-9-9 (12,000 sq.ft.) 78-9-10 (12,000 sq.ft.) 78-9-11 (12,000 sq.ft.) 78-9-12 (12,000 sq.ft.) #3163 8/31/83 re-subdivide 4 lots (78-9-4,5,12,13) 78-9-13 (12,000 sq.ft.) 78-9-15.1(24,000 sq.ft.) 78-9-16 24,000 sqft.) 78-9-17 less than 12,000 sq.ft.) 78-9-18 less than 12,000 sq.ft.) 78-9-19 10,000 sq.ft.) 78-9-20 10,000 sq.ft.) 78-9-21 10,000 sq.ft.) 78-9-22 10,000 sq.ft.) 78-9-23.10,000 sq.ft.) 78-9-24,10,000 sq.ft.) 78-9-25,10,000 sq.ft.) 78-9-27,9,506 sq.ft.) #2320 5/4/77 split lots 27,28,31,32 & 33 78-9-29,19,000 sq.ft.) 78-9-30.1, 30.2 ( 23,000 sq.ft.) #3884 12/19/89 subdivide property with insufficient area 78-9-31.2, (9,409 sq.ft.) #2320 8/4/77 setoff of lots 30,30A,29, 29A and 4 (also referred to in #2303 6/23/77) PAGE 2 OF 5 78-9-31.3 (7,275 sq.ft.) 78-9-33.1 (10,340sq.ft.) 78-9-33.3, (10,890 sq.ff.) 78-9- 33.4 (10,670sq.ft.) 78-9-41(25,000 sq.ft.) 78-9-43 (20,000sq.ft.) 78-9-44 (20,000sq.ft.) 78-9-45 (20,000sq.ft.) 78-9-46 (20,000sq.ft.) 78-9-47 (22,000 sq.ft.) 78-9-49 (22,000 sq.ft.) 78-9-50 (20,000 sq.ft.) 78-9-51 (20,000sq.ft.) 78-9-52 (20,000 sq.ft.) 78-9-53 (20,000 sq.ft.) Less than one acre and similar to proposed lot: Comparable lots: @30,000 sq.ft, with the 25' common road excluded 78-9-39 (30,720 sq.ft.) 78-9-38 (32,200 sq.ff.) 78-9-35 (35,200 sq.ft.) 78-9-36 (35,200sq.ft.) 78-9-37(32,660 sq.ft.) 78-9-40(33,370 sq.ft.) 78-9-42(32,640 sq.ft.) 78-9-34.2 (less than 1 acre with right-of-way for lot 34.1) As can be seen by the above data, as the Lots are proposed, (Lot 1 ) 49,292 sq.ft, and (Lot 2) 30,063 are a quarter acre larger than the majority of the lots in the neighborhood. (2) whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance; The record should reflect that Petitioner made an effort to employ other feasible methods-such as purchasing adjoining property to bring his lot into compliance with the minimum acreage requirement to achieve their goal of subdividing the property. The applicant purchased the additional land identified as tax map #1000-78-9-78 and proceeded to make an application to the Southold Town Planning Board to subdivide the subject property. The Planning Board granted Sketch approval on 12/9/08 and issued a SEQRA negative declaration on 4/14/09. In the SEQRA resolution the Planning Board stated the following: Resolution #.4. The proposed action is not in a material conflict with the communities current plans or goals as officially approved or adopted. Resolution #5: The proposed action will not significantly impair the character or quality of important historical, archeological, architectural, or aesthetic resources or of existing community or neighborhood character PAGE 3 OF 5 After several months of review the Planning Board realized that the proposed subdivision does not conform to lot size requirements of the Zoning District because the land area of Tax Map 1000-78-9-78 is a paper road on a map and can not be applied to the "Lot yield" for the subdivision. As a practical matter, the land area within the 50' right-of-way provides additional buffers and greater setbacks than the minimum requirements of a conforming one acre lot. Nevertheless, strict compliance with the zoning ordinance will result in practical difficulties. We ask that the Zoning Board conclude, as did the Planning Board, that the construction of a single additional residence meeting the minimum setback requirements would not substantially increase the population density. The majority of surrounding homes are situated on plots composed of less than one half of the amount of land proposed by the Sutton's. The requested variance is a slight or negligible deviation from the ordinance. Proposed lot 1 would comply with the area requirements and would be appreciably larger in size than the majority of the plots of the neighbors. The board could well find that construction of an additional home on the newly created plot would not adversely affect the character of the neighborhood. (Matter of 113 Hillside Ave. Corp. v. Zaino, 27 N.Y.2d 258, 262-263, 317 N.Y.S.2d 305, 307-308, 265 N.E.2d 733,734-735.)(Conley v. Town of Brookhaven Zoning Board of Appeals, 40 N.Y.2d 309,353 N.E.2d 594, 386 N.Y.S.2d 681,Ct.of Appeals,1976) The Sutton application had support from the Southold Town Planning Board. The community opposition at the Planning Board hearings was primarily directed at the concern that the paper road appearing on a map of Reydon Heights would somehow be changed. Suffolk County, which sold the paper road to the prior owner, expected the road to be merged to the adjacent parcel in order to prevent loss of the land to the County due to nonpayment of taxes. However, any person who has a right of access over the road will continue to maintain that right. (3)whether the requested area variance is substantial The parcel is 200' x 400', however because the shape of the lot is a parallelogram, the parcel is 709 sq.ft, less than the 80,000 sq.ft, required to subdivide the parcel. The proposed subdivision creates Lot 2 which is 30,063 sq.ft, which is significantly greater than the adjacent property. The adjacent parcel, south of proposed Lot 2, is only 22,000 sq.ft, in size. The Planning Board had approved a sketch map of this plan. However, the size configuration of the parcels can be adjusted as the Zoning Board feels is appropriate. (4)The variances will not have an undesirable impact on the character of the neighborhood and will not have an adverse impact on the physical or environmental conditions in the neighborhood. The Planning Board subdivision regulations place restrictions on tree removal. The subdivision will require that tree clearing limits be placed on the map and in Covenants and Restrictions. Therefore, most of the trees which surround the property will be retained. A majority of the area where the house would be placed is already a cleared lawn. To the extent that the larger trees can be retained, the Planning Board will review the proper location of the building envelope. The trees which run along Lot 78 (the 50 foot paper road) will be preserved to the extent that the access is permitted to remain 10 feet in width. The only clearing would be that which is required by the Southold Town Building Department or Fire Department to maintain adequate fire and emergency access. PAGE 4 OF 5 As to the impact of the proposed lot on neighboring values, proposed lot #2, 30,063 sq.ft., would be more than a 20,000 sq.ft, larger ( three times the size) in net area, than the neighboring lots in Reydon Heights which are approximately 10,000 sq.ft. of lot area size. (5) whether the alleged difficulty was self-created The Sutton family acquired the adjacent land in order to have sufficient land area to subdivide the property. The area shown on the tax map was not on a filed map or Planning Board approved map, the 50 foot area was not a Town Road, the only impediment to use of the adjacent lot area (Tax Lot 78) appeared to be a 10' traveled dirt pathway. Both the applicant and the Southold Town Planning Board were unaware of the code provision which excluded the right of way from lot area calculation. Once the 50' was treated as a right-of-way the entire land area was excluded from use for subdivision yield and necessitating a variance. CONCLUSION As the Board engages in a balancing test by weighing the benefit the grant of the area variance would have to petitioner against the detriment to the health, safety and welfare of the neighborhood we ask that the Board grant the variance and permit the subdivision to continue. PAGE 5 OF 5 COUNTY OF SUFFOLK )) STATE OF NEW YORK AFFIDAVIT ~ Rich, being duly sworn, deposes and says: 1. From 1970 to 1982, I was an elected member of the Southold Town Board. 1 am also a long-time resident of the Town of Southold. I am familiar with Victoria Drive, s roadway located in the Reydon Heights neighborhood in the Bayview section of Southold. Victoria Drive runs through Reydon Heights from Main Bayview to North Bayview. The portion of Victoria Drive, which extends from Liberty Lane out to North Bayview is, and always has been, unpaved. 2. It is my personal recollection, that in or about the year 1969, Southold resident Edward Nidds, who developed the Reydon Heights subdivision, approached the Town Board about his proposed dedication of the roadways within his subdivision. It is my understanding that the Town Board refused to accept the unpaved podion of Victoria Drive as it did not meet highway specifications. This road was not the only road refu~ed by the Town due to failure to meet specifications. The debate over whether the Town should accept these roads is one of the first issues I contended with in January 1971 when I was sworn in as a councilman. It is because of this ongoing debate that I recall the Town's refusal to accept the unpaved portion of Victoria Drive. The Town could not accept an unpaved road fi.om one developer and not another. A review of Town records during that time period should support my recollection. ,~ NotaryPub ~l~'~ ~rRich' A D PLANNING BO.A.R.D OFFICE TOWN OF SOUT~-~OLD February 24, 2009 Mr. Richard W. Vandenburgh 220 Roanoke Avenue Seooncl Floor Riverhead, New York 11901 F~e: Sutton Subdivision North Bayvlew Road, Southold, New York SCTM#1000-78-09-54 and 1000-78-09-78 Dear Mr. Vandenburgh, This latter is to follow-up the discussion the Southold Town Planning Board had at their February 23, 2009 Work Session regarding the above referenced application. In order for this application to be granted Preliminary Approval, the following items are still requlned from the applicant to be shown or referenced on the map: ~The name of the Subdivision Map needs to be changed from "Minor" to "Stendsrd." '2~Bullding nasd to be indicated on on Lot 2 so es to establish and ensure clearing limits and adequate setbacks as ~.~, ~par §280, Attachments I and 3. 33~/Oamonstref~ adequate Off ~treet Parking areas aa per §280-78. ~Show e ddveway for example. Ensure compliance with §280-93 (A) Front Landscaped Area for Residential Districts. 'In all residential distrlcis, required fn3nt yards, except for the driveway, shall be landsoaped with grass or other suitable ground cover, tress and/or shrubs." This requirement can be referenced on the map. Per this Work Session the Town Engineer will follow-up with a site visit to assess existing drelnage along the east side of the paved area adjacent to Liberty Lane EILEEN A. POWERS, ESQ. PLLC ATTORNEY AT LAW 431 GRIFF1NG AVENUE RIVERHEAD, NEW YORK 11901 (631) 727-8250 (631) 727-7182(FAX) Southold Planning Board Town of Southold Town Hall Main Road Southold, New York 11971 July 9, 2009 Re: SUTTON SUBDIVISION Private Road-Victoria Drive Dear Members: After attending the two (2) public hearings held in the above-referenced matter, the Reydon Heights Property Owner's association determined that it would be helpful to the Planning Board to set forth what we believe are the relevant facts and law pertaining to our rights over Victoria Drive. After reviewing this information, kindly make it a part of the public record in this matter. FACTUAL BACKGROUND To obtain and review a complete history of the properties within Reydon Heights, one need only go back as far as 1955 when Edward Nidds owned all of the property now known as Reydon Heights. Reydon Heights is a subdivision created by Mr. Nidds and approved by the Southold Town Planning Board in 1955. A copy of the "Approximate Subdivision of Reydon Heights" dated May 25, 1956 (revised) and filed with the Southold Town Planning Board is annexed hereto. A review of the subdivision map makes clear that Victoria Drive was intended to be a road within the subdivision running from Main Bayview Road to North Bayview Road. Further evidence of that intention is contained in the multitude of deeds lransferring ownership of the lots within the subdivision from Mr. Nidds to the various owners. Alt of the Nidds deeds are available for review in the Assessor's office at Southold Town Hall. For your convenience, and by way of example, we direct your attention to the language contained in the following deeds (relevant excerpts of which are quoted below and copies of which are annexed heretol) from Mr. Nidds to subsequent owners: L 3962 cp 79 Nidds to Nenning (1955): This deed covers lots currently owned by Barbara McLaughlin (identified on the Suffolk County Tax Map as tax lot 55), Dorothy Wall and Thomas Wall (identified on the Suffolk County Tax Map as tax lot 56) and Donna Merkel and Joseph Merkel (identified on the Suffolk County Tax Map as tax lot Additionally, please refer to the Affidavit of Title expert Thomas Caulfield. 57). The pertinent language: "Together with a right to the use, in common with others, of a right of way over said proposed highway to be known as "Victoria Drive "from North Bayview Road... to the Main Bayview Road" L 6495 cp 570 Nidds to Hamilton(1969): This deed covers lots currently owned by Fred Edebohls and Eileen Edebohls (identified on the Suffolk County Tax Map as tax lot 71.002) and Betty Joan Graeb (identified on the Suffolk County Tax Map as tax lot 071.003). The pertinent language: "Together with a right to the use, in common with others, of a right of way over said proposed highway to be known as "Victoria Drive" from North Bayview Road... to the Main Bayview Road" L 6494 cp 323 Nidds to Longworth (1969): This deed covers the lot now owned by Thomas Kennedy and Claire Kennedy (identified on the Suffolk County Tax Map as tax lot 73). The pertinent language: "Together with a right of way over saM private roads known as "Victoria Drive ".... L 6541 cp 348 Nidds to Conrardy (1969): This deed covers the lot now owned by the Salvatore Joseph Conrardy Irrevocable Trust ((identified on the Suffolk County Tax Map as block 6, tax lot 7) The pertinent language: "Together with an easement or right of way ... northerly over Victoria Drive to North Bayview... " L 6034 cp 311 Nidds to Kraus (1966): This deed covers the lot now owned by Suzanne Coanell (identified on the Suffolk County Tax Map as block 6, tax lot 8) The pertinent language: "Together with an easement or right of way ... northerly over Victoria Drive to North Bayview... " L5497 cp 588 Nidds to Hutter (1964): This deed covers, inter alia, the lot currently owned by Sharon DiCandia and Peter DiCandia (identified on the Suffolk County Tax Map as blk 6, tax lot 011.000). The pertinent language: "Together with a rightofway over said 'Columbia Road'... and al~o over the prol~osetl SO foot highways to be known tm ~l,'~etoria l)rive; 'Summit Road; 'Colonial Road' and 'Ed's Road'." L 4241 cp 203 Nidds to Pavacich (1956): This deed covers the lot currently owned by Nicholas Pavacich (identified on the Suffolk County Tax Map as Blk 6, tax lot 019.000). The pertinent language: "Together with the right to the me, in common with others, ora right of way SO foot wide over said 'Summit Drive 'from the southeasterly corner of the premises northerly to said 'Liberty Lane ', and thence westerly to a proposed highway to be known as 'I,'ietoria Road', and thence northerly to 'North Bayvlew Road:" With a little work, each of the deeds transferring title fi.om Nidds to the subsequent owners could be reviewed by this Board. However, the sampling above makes clear both that Nidds intended Victoria Drive (as well as the other roads in the subdivision) to be a fifty (50) foot wide roadway nmning from Main Bayview Road through to North Bayview Road and that he also granted rights of way to his grantees over these properties as laid out as roads on the subdivision map. The Pavacich deed clearly grants a fifty-foot right of way over the roads in Reydon Heights, including Victoria Drive out to North Bayview. There can similarly be no question that Victoria Drive was in fact opened as a roadway naming from Main Bayview to North Bayview and continues as such to this day2. The Planning Board has in its file on this matter, copies of maps produced by many different sources (including Mapquest, Google earth, Hagstrom etc) depicting Victoria Drive as a roadway running from Main Bayview Road through to North Bayview Road. Further, as you will recall, many of the current residents whom addressed this Board at public heatings in this matter have stated that Victoria Drive has been a roadway opened and traveled from Main Bayview to North Bayview for more than fifty (50) years. In fact, both the applicant and his attorney, Richard Vandeburgh, stated during the public hearings that the portion of Victoria Drive in question (i.e. that unpaved portion nmning from the paved portion through to North Bayview) has been a road for 60 years. At the June 8' 2009 public heating, addressing the unpaved portion of Victoria Drive, Mr. Vandeburgh conceded "it's been a road for 60 years." There appears to be some confusion caused by the fact that Mr. Nidds never dedicated3 the unpaved portion of Victoria Road to the Town but instead retained title to it for many years. The fact that a portion of the road was not dedicated does not extinguish its character as a road. Only an abandonment, filed with the Town Assessor, can effectuate a change and thereby alter the property's character as a roadway4. To reiterate, Mr. Nidds, the long time owner of the questioned portion, clearly intended it to be a road and opened it as such. Further, he granted, by way of recorded deeds, multitudes of grantees rights to pass over the road. When the County obtained this road for unpaid taxes in 1997, it obtained only the title Mr. Nidds had to give--i.e, tire to the road he developed within his subdivision and subject to the rights of everyone in the subdivision including those to whom he granted specific deeded rights over the road. These rights to pass over the road are in addition to the rights of lot owners within the subdivision. SALE BY COUNTY OF SUFFOLK Prior to selling this portion of Victoria Drive, the County of Suffolk caused a title report to be prepared by the Suffolk County division of real estate. The title examiner clearly noted in her report that many parcels within Reydon Heights have rights of way, or easements, over the subject portion of Victoria Drive. A copy of those notes is annexed hereto for your review; the entire file is available for review at the County real estate office in Hauppauge. This opinion from the Suffolk County Division of Real 2 The fact that the roadway was not opened to the full 50-foot width does not affect its character as a roadway. A simple review of many of the roads in the Town will establish that they are not opened to the filly-foot width. 3 The paved portion of Victoria Drive, as well as the other roads depicted on the subdivision map, were dedicated to the Town in 1970. Dedication to the Town does not diminish the rights of the subdivision lot owners or other easement or fight-of-way holders to the roadway, but instead simply transfers title to, and responsibility for, the roadway to the Town. 4 The Office of the Southold Town Assessor has made clear to all who ask that a road abandonment cannot, and will not, be granted for a roadway, such as this one, that is in use. Estate explains why, when the County sold the road, it barred future development or improvement of the parcel. See L12516 cp175, bargain and sale deed from County of Suffolk. The express language of the deed puts everyone, especially the subsequent owners, on notice that title to this roadway is subject to the rights of other property owners to utilize same in accordance with recorded easements. Thus, there can be no surprise claimed by the applicant herein. Further, we submit that the applicant's own title insurance report raised the rights of other property owners to use the subject road. If it did not, his complaint properly lies with that company. LEGAL AUTHORITY Initially we note that the existence of Victoria Drive, from Main Bayview to North Bayview, on the subdivision map of Reydon Heights, grants to the lot owners in Reydon Heights the right to have all of Victofia Drive kept open as a road forever. See Lord v. Atkins, 93 Sickels 184, 33 N.E. 1035 (1893); see also Affidavit of Thomas Caulfield, dated July 8, 2009. The Court, in Lord v Atkins, explains: It is well settled that when the owner of land lays it out into distinct lots, with intersecting streets or avenues, and sells the lots with reference to such streets, his grantees or successors cannot afterwards be deprived of the benefit of having such streets kept open. When, in such a case, a lot is sold, bounded by a street, the purchaser and his grantees have an easement in the street for the purposes of access, which is a property fight. See Lord v Atldns, supra (emphasis added). That principle is still relied upon by courts some 100 years later. See Fischer v. Liebman, 137 A.D.2d 485, 524 N.Y.S.2d 720 (2d Dept 1988)CThe grantees of lots abutting a street on a filed map are entitled to have the land so demarcated remain as a street forever", citing Lord v Atkins). Further, Warren's Weed New York Real Property Law, Matthew Bender, 5th ed. 2009, Ch. 90.16[9], explaining the fights of property owners in a filed subdivision, states: It is also well settled that when an owner of property sells lots in reference to a map, in the absence of language to the contrary, the grantees are entitled to have the abutting land, which is shown on the map as a street, left open forever as a street or highway, whether or not it is accepted by the town or municipality as a public highway. Of course, although sufficient in and of itself, we need not stop the analysis here. As we set forth above, and in addition to the fights obtained by virtue of the subdivision map, virtually all of the property owners in Reydon Heights were granted deeded easements and/or rights of way over "Victoria Drive" While some of these deeds, in simple language, grant fights to pass over the proposed highway known as "Victoria Drive", others specifically grant the fight to pass over the proposed highway known as "Victoria Drive" through to North Bayview Road. Read in context, it is clear Mr. Nidds, the grantor, is referring to Victoria Drive as set forth on the Approximate Subdivision Map of Reydon Heights and which is located on such by actual physical boundaries and shown as fifty feet in width. Further, while some deeds grant an "easement" or "right of way" over Victoria Drive, some deeds specifically reference a "fifty foot right of way", over Victoria Drive out to North Bayview. The deeds referenced above are perfect examples. Even without that clear reference to a fifty-foot right of way out to North Bayview, we submit the best indication of the intended location and width of the subject easements is the subdivision map itself--made by the grantor of these easements, Edward Nidds. Nidds, the grantor of each of these deeded easements, grants rights in, inter alia, "the proposed highway known as Victoria Drive"~a clear reference to the roadway laid out by Nidds on his subdivision map. A view of the map reveals the roadway is clearly fifty feet in width and runs from Main Bayview through to North Bayview. Courts have agreed that this is the best indication of the intended width. See Heim v. Conroy, 211 A.D. 2d 868, 621 N.Y.S. 2d 210 (3d Dept 1995) (best indication of width of easement is subdivision map clearly showing intended right of way to be 50 foot in width); see also Cashman v Shutter, 226 A.D.2d 961,640 N.Y.S. 2d 930 (3d Dept 1996) (language granting "right of way in common with others" over road on subdivision map establishes that grantor intended easement over roadway as shown on map). Further, the owner of property subject, as here, to a roadway easement cannot relocate the easement, or provide for a substitute roadway without the benefited owner's consent. See Clements v Schultz, 200 A.D. 2d 11,612 N.Y.S. 726 (4th Dept 1994). Moreover, roadway easements such as those in Victoria Drive, continue to be valid even in cases where the roadway is covered with grass and landscaped. See DeLuca v. Noswal Park Taxpayers Ass'n, 39 A.D. 2d 544, 331 N.Y.S. 2d 848 (2d Dept 1972). We trust this information addresses the issues of concern to this Board. However, if you have any questions, or would like to discuss the matter at greater length, please feel free to contact me directly at (516) 695-7660. Very truly yours, Eileen A. Powers EILEEN A, POWERS, ESQ. PLLC ATTORNEY AT LAW 431 GRIFFING AVENUE RIVERHEAD, NEW YORK 11901 (631) 727-8250 (63 D 727-71 $2~FAX) IIECEI~D JUN 1 200 BOARD OF APPEAI.~ May 17, 2009 Town of Southold Office of the Assessor Tox~m Hall Main Road Southold, New York 1 !97i Re: Private Road-Victoria Drive Dear Sir/Madam: i';nclosed p!ez~ue find a petiricm~ signed by residents of Reydon 1 leigh[q and our neighbors in thc surrotmding area, o~iccting to any reduction or diminisbancnt of thc private roadway known as Victoria Drive. The subject roadway is a private road which extends from the public roadway lmown as Vicloria Drive 1o North Bayvicw Road. The road can bc located on vim~a!!y any map, including thc original subdb, Ssion map on fi!c with the l'own of Southo!d. Fhe roadway has been open and used a.q a road for at le~qt fifty years. As you will note fi'om ihe petition, the road is used as a second means of ingress and egress form Reydon Heights. It is used for foot, bike and car traffic. ResidenLs of Reydon I leights have been using and maintaining the roadway for at iea,gt fifty years. A visual inspection of thc road will confirm that it has bccn used and maiataiaed as described. m~te ;nat we oblect to aris, eft'orr to abandon the road and/or Specifically. p e~e affect its use, in anv~ manner. Il you nave ~m_~ queshons, please do nol hcsilate I.o conlacl, me d~rechy at t516) 695-7660. Very tmly yours, Eiieen A. Powers TO: TOWN OF SOUTHOLD PLANNING BOARD RE: SUTTON SUBDIVISION APPLICATION SCTM#S: 1000-78-09-054 and 078. We, the undersigned, owners of real property located in Reydon Heights, are directly opposed to an,/ alterations to the ROW, described on the Suffolk County Tax Map as lot number 1000-78-09-78, as it currently exists. This easement (right of way) over the applicant's property is described in deeds made by Edward Nidds to property owners in Reydon Heights and/or their predecessors in title. We have utilized said easement (right of way) to access North Bayview Road by car, and sometimes by bicycle and/or walking. We are accustomed to utilizing the right of way in this manner. The proposed alteration would impair the property right in that easement (right of way) by preventing us from accessing North Baview Rd. by motor vehicle and reducing our ability to access it by bicycle or foot. In addition to being a deeded easement over this particular strip of land, this easement has been consistently used and/or maintained by members of the Reydon Heights neighborhood and surrounding community for over 50 years. We do not consent to the reduction of the easement as proposed by the applicant as part of the proposed subdivision of his properties, In addition to interfering with our property rights, it would create a hazard to human health and safety in the event that the only other existing ingress/egress (Victoria and Main Bayview) should be obstructed due to a natural or manmade disaster. Name of Property Owner Reydon Heights Address Year of Purchase i"tTI Ir, ]une 27, 2010 Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold NY 11971 To the Zoning Board of Appeals: We are opposed to the inclusion of the parcel SCTM#1000-78-9-78 in the Sutton's application for subdivision to the Southold Zoning Board of Appeals. As you are aware the Southold Town Planning Board determined on September 14, 2009 that this parcel, commonly referred to by the residents of Reydon Heights as the "dirt road" could not used as part of the yield to meet the necessary acreage for the subdivision. The dirt road is actively used by us and other residents as a means of ingress and egress into our community. In addition we oppose any alteration to the road that will infringe upon our property rights and rights of easement over the roadway. Thank you for your consideration. Sincerely, .1une 27, 2010 Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold NY 11971 To the Zoning Board of Appeals: We are opposed to the inclusion of the parcel SCTM#1000-78-9-78 in the Sutton's application for subdivision to the Southold Zoning Board of Appeals. As you are aware the Southold Town Planning Board determined on September 14, 2009 that this parcel, commonly referred to by the residents of Reydon Heights as the "dirt road" could not used as part of the yield to meet the necessary acreage for the subdivision. The dirt road is actively used by us and other residents as a means of ingress and egress into our community. In addition we oppose any alteration to the road that will infringe upon our property rights and rights of easement over the roadway. Thank you for your consideration. Sincerely, ~'~t_~ ~---c~~' June 27,2010 Zoning Boa~ of Appeals 53095 Main Road PO Box 1179 $outhold NY 11971 To the Zoning Board of Appeals: We are opposed to the inclusion of the parcel SCTM#1000-78-9-78 in the Sutton's application for subdivision to the Southold Zoning Board of Appeals. As you are aware the Southold Town Planning Board determined on September 14, 2009 that this parcel, commonly referred to by the residents of Reydon Heights as the "dirt road" could not used as part of the yield to meet the necessary acreage for the subdivision. The dirt road is actively used by us and other residents as a means of ingress and egress into our community. In addition we oppose any alteration to the road that will infringe upon our property rights and rights of easement over the roadway. (or Thank you ~X,...~..~' Sincerely, June 27, 2010 Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold NY 11971 To the Zoning Board of Appeals: We are opposed to the inclusion of the parcel SCTM#1000-78-9-78 in the Sutton's application for subdivision to the Southold Zoning Board of Appeals. As you are aware the Southold Town Planning Board determined on September 14, 2009 that this parcel, commonly referred to by the residents of Reydon Heights as the "dirt road" could not used as part of the yield to meet the necessary acreage for the subdivision. The dirt road is actively used by us and other residents as a means of ingress and egress into our community. In addition we oppose any alteration to the road that will infringe upon our property rights and rights of easement over the roadway. Thank you for your consideration. Sincerely, . ~ .~.~ ~ C~¢?L-t~ Barbara McLaughlin 1075 Victoria Drive Southold, NY 11971 June 30, 2010 Ms. Weisman Southold Town Zoning Board of Appeals P.O. Box 1179 Southold, NY 11971 June 30, 2010 RE: Request for Variance # 6385 from code section 280-18, submitted by Alexander and Tracey Sutton for parcel 100-78-9-54 & 78 Dear Zoning Board of Appeals: I am submitting this letter to express my strong opposition to the proposed subdivision of the Sutton property, tax map 100-78-9-54 & 78. I have lived at 1075 Victoria Drive, a property adjacent to the Sutton parcel since 1997. I chose to purchase my home primarily because of its private location surrounded by beautiful mature trees and wildlife. Many of my neighbors have expressed the same sentiment. The proposed subdivision will adversely affect both the character of our neighborhood which has long been cherished and enjoyed by the families in this community for the past 50 years as well as the natural environment. The recent appeal for this sub division has had a detrimental effect on me personally. I had listed my beautiful home for sale 6 months ago but have now removed it from the market. In truth, I cannot honestly represent my property to prospective buyers as it exists in its current condition should the subdivision be granted in the future. Conversely, it is most probable that my current home value which has been marketed by realtors for its private location and its natural surroundings will be altered significantly if the natural buffer that surrounds my property should be destroyed. The zoning board should also be made aware that there are two very old Atlantic White Cedar trees which border parcels 54 and 78. These trees are on the endangered species list and it is my understanding they are protected. I am currently in contact with the North Fork Environmental Council to see what responsible steps can be taken to ensure that these trees remain protected. The subdivision of parcels 54 and 78 will result in the destruction of the peaceful environment I have called home and alter the quality of life that I have invested in. If I wanted to live on top of my neighbors, I would'ave chosen to purchase a home in Levi~own. IThe removal of the trees in the existing natural buffer on the borders of parcels 54 and 78 would destroy the esthetic and natural beauty that I and my neighbors have enjoyed long before the Sutton family lived here. I question why the town would institute specific zoning laws only to make special exceptions for individual interests at the expense of the community. Last year, the citizens of Reydon Heights and the surrounding neighborhoods submitted a petition to the Planning Department in opposition to the alteration of parcel 78. More recently, the homeowners immediately adjacent to the Sutton property have submitted letters pleading with the ZBA to consider the negative effect this subdivision would confer on the value of their property and, more importantly, their right to peacefully enjoy the natural environment they have intentionally chosen as their home. I sincerely and respectfully ask the members of the ZBA to weigh the intent behind the proposed subdivision with the expressed concerns of the neighboring community. I believe the town zoning board should demonstrate an ethical and moral approach in their decision to grant this variance and honor the terms they set forth, that is "to preserve and protect the character of neighborhoods and the health, safety, and welfare of Southold community." Sincerely, Barbara McLaughlin Good Afternoon Thank you for allowing me the opportunity to express my concern. My name is Barbara McLau§hlin. I am currently a teacher at the Sag Harbor School district and I reside at 1075 Victoria Drive. My property is immediately adjacent to the Sutton parcel. would like to address several issues with regard to the proposed sub-division. Last Thursday, June 24, Southold was hit by a wind storm which resulted in a large branch blocking Main Bayview Road immediately south of Victoria Drive. Two officers were dispatched to close the road and divert traffic. I witnessed both the road closure and many vehicles utilizing the dirt portion of Victoria Drive, parcel 1000-78-9-54-78 included in the proposed variance, as their only alternative for circumventing the impasse. It is critical for the ZBA to acknowledge the importance of maintaining this roadway as a PERMANENT ingress/egress for the residents of Reydon Heights and Southold town residents in general. It is imperative if this variance should be granted, that the town set into place a Variance Restriction that will protect this road from ever being modified and allow residents to be assured the ability to receive emergency assistance in the event of a natural disaster or hazardous conditions. The second issue, and more disturbing, is the Agricultural Data Statement submitted to the Southold Town Zoning Board of Appeals on March 19 2010 By Mr. and Mrs. Sutton. The statement asks for a: 5. Description of Proposed Project: "Variance in order to subdivide 200x400 parcel with road into 2 parcels.)" and again the 6. Location of Property (road and tax map number): 1000-78-9-54 & 78 which includes the road in question Clearly this statement demonstrates the intention to modify this road. Further, the Sutton's attorney, Patricia Moore submitted her own application to the ZBA rather than submitting the customary form used by the Southold Town Zoning Board. This concerns me once again since the ZBA application clearly demands, and I quote from the application: The application requests the applicant to state 5 Area Variance Reasons. "This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. The application submitted to the ZBA by the Sutton's attorney, Patricia Moore, excluded reason #4 which states that, and I quote again: "The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. It is this blatant omission that wou d like to speak to. I have lived in various towns on the north and south forks though out my entire life and it has saddened me beyond comprehension how so much of the environmental health, cultural integrity, historical character and rural beauty have been ruthlessly destroyed mostly through a combination of greed and apathy. My work with the North Fork Audubon society years ago led me to appreciate the love and concern that the folks I worked with from Southold town expressed for this area. The real estate agent who sold me this home assured me that the parcels 1000-78-9-54 & 78, the parcels under consideration here, were protected and could never be developed. I purchased my home on Victoria Drive in 1997 believing that I had finally settled in a community that truly cared about preservation and quality of life. I had hoped to purchase parcel 100-78-9-54 when I initially purchased my home in 1997 wishing to place the land in conservation easement but the owner did not wish to sell at that time. Parcel 78 is officially recognized by both Southold town and Suffolk County as a road and has been consistently maintained by Southold town and the residents of Reydon Heights and the surrounding community for at least 50 years. I am strongly opposed to the proposed subdivision of the Sutton property. This subdivision will adversely affect both the character of our neighborhood which has long been cherished and enjoyed by the families in this community for the past 50 years. The possibility of this sub division has also had a detrimental effect on me personally. I had listed my beautiful home for sale 6 months ago but have now removed it from the market. In truth, I cannot honestly represent my property to prospective buyers as it exists in its current condition should the subdivision be granted in the future. Conversely, it is most probable that my current home value will be altered significantly if the natural buffer that surrounds my property should be destroyed. At the corner of my driveway bordering on both tots 78 and 54, is a very old Atlantic White Cedar. This tree is on the endangered species list and it is my understanding that this species of tree is protected. I am currently in contact with the North Fork Environmental Council to see what responsible steps can be taken to ensure that this tree remains protected. The subdivision of parcels 54 and 78 will result in the destruction of the peaceful environment I have called home and alter the quality of life that I have invested in. If I wanted to live on top of my neighbors, I would have chosen to purchase a home in Levittown. The removal of the trees in the existing natural buffer on the borders of parcels 54 and 78 would destroy the esthetic and natural beauty that I and my neighbors have enjoyed long before the Sutton family lived here. I question why the town would institute specific zoning laws only to make special exceptions for individual interest at the expense of the community. I believe the town zoning board should demonstrate an ethical and moral approach in their decision to grant this variance and honor the terms they set forth, that is "to preserve and protect the character of neighborhoods and the health, safety, and welfare of Southold community." Respectfully submitted to Southold Town Zoning Board of Appeals on June 30, 2010 To: William C. & Joyce B. Grigonis 470 Col,~m~ia Road Southold, NY 11971 765-9269 29 June 2010 Zoning Board of Appeals, Town of Southold, New York re: REQUEST FOR VARIANCES ICO ALEXANDER L. AND TRACY M. SUTTON #6385 1. After review of the documents submitted by the attorney for the Sutton's requesting a variance for the property located on SCTM: 1000-78-9-54, the following concerns are submitted: a. The submitted request for variance and its attached survey still show use of the "right of way" in the square footage of the requested subdivision lots. Per the decision of the Southold Town Planning Board in,he original request from the Suttons's, the 50' by~O0' Right of Way (SCTM: 1000-78-9-78) cannot be used in the subdivision of the aforementioned property, it is understood that the Sutton's purchased this property from Suffolk County, but it is deeded in numerous residents property rights in the Reydon Heights subdivision. b. The Assessors' Office of the Town of Southold recognizes this "Right of Way" as an unimproved road on all Town Tax Maps and as a separate piece of property. The survey submitted by the attorney still calls this a "foot path" which is incorrect. When the "Right of Way" was purchased from Suffolk County for unpaid taxes by the Sutton's, they were fully aware that it was a "Deeded Right of Way" to numerous residents of Reydon Heights and that it could not be considered into a subdivision proposal. These facts are all contained on the CD-ROM submitted by the Kennedy's. c. As submitted, the proposal has the front yard as the entire "Right of Way" including required setbacks per town code. re: REQUEST FOR VARIANCES ICO ~?.~.XANDER L. AND TRACY M. SUTTON #6385 d. If the attorney for the Sutton's is submitting a new proposal with a new survey, it is requested that the ZBA table this request to allow for the residents of Reydon Heights to consult with legal counsel as these documents were not submitted in proper timeframe or in good faith to allow for proper review prior to this public meeting. e. A counter proposal for this subdivision is being submitted with this letter which would create a "Flag Lot." We understand that the Sutton's may not want this as it would reduce their lot size/open space/yard, but the proposal for the driveway of the substandard subdivision lot being created/desired by the Sutton's is trying to incorporate deeded property "Right of Way" and it would also remove a tree which may be determined to be protected by environmental laws. 2. It is requested that this lot be resurveyed. As submitted the survey shows 400 feet by 200 feet which equates to the 80,000 square feet required. If the Sutton's were to create two equal lots based on the submitted survey there would be no requirement for a variance. Something is seriously wrong with all of the documentation submitted or we have surveyors and surveys that are not accurate in their work or their document preparation 3. It is further requested that until all of the documentation, which has been verified by competent authority, be returned to the Sutton's and that the Sutton's be denied a variance based on submission of inaccurate supporting documentation. Respectfully, / William C. Grigon~ Fm:?ummit~overages, Ltd To:FW: ZBA # 6385 - Alexander M Sutton (163178590~4) 19:09 06/29110GMT-04 Pg 02-O1 June 29. 2010 Vito A & Rosa Pietanza 435 Highwood Road Southold, NY 11971 RECEWED BOARD OF APPEALS Zoning Board of Appeals Town of Southold, NY Fax~ 631-765-9064 Re: Alexander M. Sutton #6385 1160 North Bawiew Rd, Southold, NY SCTM# 1000-78-9-54 & 78. Zone: R-40. Please not that we are AGAINST the application for variance on the above property. Thank you, ~-, Vito A. Pietanza // PS.: also note that the Attorney's letter gave me the wrong hearing day of the week as: THURSDAY instead of Wednesday. Frn,~Sum mt~ Coverages, Ltd To:F~N: ZBA # 6385 -Alexander M Sutton (1631765906~,) Please see the attached~gned letter "against" the a~ Thank you, vito A Pietanza 19:09 06129110GMT-04 Pg 01~1 cation for variance. RECE1~VED JUN 3 0 Z010 .~, ~'~ BOARD OF APPEAL~ Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 June 28, 2010 RECEIVED BOARD OF APPEALS To the Zoning Board of Appeals: On June 30, 2010 a Sutton application for subdivision, SCTM#-78-9-78, will come before the Board. We oppose this subdivision as it will end our ingress and Egress into our community. This subdivision uses the "dirt road" as part of the necessary acreage. The Southold Planning Board determined on September 4, 2009 that the "dirt road" could not be used as part of The acreage needed for the subdivision. Thank you for you kind consideration. Sincerely, Elizabeth and~John Grenham 360 Summit Drive Southold Jun 28 1~1 :44a Rmend Zoning Board of Appeals Leslie Kanes Weisman, Cha{rp~rson Town of Souihold 53093 Main Road P.O. Box 1{79 Southo{d, NY 11971-0959 Request for Variances ~rom code section 280-18 Request #6385 by Alexmmder & Tracy Sutton Property Location: 1160 North Bayview Road, Southold 1-6 -765-6214 p. 1 Lois 8. Myl~ B. 265 Hi~hwood Road Southold, NY 11971 RECEIVED ,~OARO OF APPEARS Dear Ms, Weisman and Meanb~rs of thc Zoning Board of Appcal~: We write to register our opposition to tile above application. Zoning r~gulations in the Town of Southold have pt,served the rural character of the Bayview neighborhood in paziicular and of the Town as a whole. While variances may be granted from time to time, this request, would create one lot two4hitds the size envisioned by the code and a s~eond lot half the size envisioned. This seems to us an excessive vmianc~ from code, W~ and ninny of our neighbors bought our homc~ in this neighborhood w/th_thc undcrstandln~ that the Town building code would help mainutin its character and beauty and thus the value of our properly and our way of life in Southo]d. We are deeply concerned lhat the proposed division of the SuUon's property would have a negative impact on ou~ community and we urge the Zoning Board of Appeals ~ deny the application. Sincerely, Lois S. Amend Myles B, Amend Page 1 of 1 Vicki From: Sent: To: Subject: Cantwell, Mary [Mary. Cantwell@axa-equitable.com] Thursday, June 24, 2010 6:44 PM Toth, Vicki [NEWSENDER] - Request for Variances for Alex & Tracy Sutton #6385 - Message is from an unknown sender Attachments: Sutton.doc; ATT787658.txt Hi Vicki, Attached is a letter to the Board of Appeals concerning the above application scheduled for the June 30 public hearing. I would greatly appreciate if you could forward as appropriate. Many thanks for your help. Best regards, Mary Cantwell redefinl.¢/standards ~-~j Please consider the environment before printing this e-mail. BOARD O,c'AppEAi.$ 6/25/2010 June 24, 2010 Mary Cantwell and John Breitweg 95 Highwood Road Southold, NY 11971 Board of Appeals Town of Southold 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 RE: Request for Variances by Alexander L. & Tracy M. Sutton #6385 Property Location: 1160 North Bayview Road, Southold SCTM: 1000-78-9-54 & 78 To the Members of the Board of Appeals: We are writing regarding the variance application for the above named property, which is adjacent to our property at 95 Highwood Road. We respectfully appeal to the Board to carefully consider the negative impact that the proposed two lot subdivision will have on bordering properties such as ours, not to mention the character of the neighborhood as a whole. We have owned our home for almost four years. The Suttons purchased their home about one year after we did and we have really appreciated and enjoyed having them as neighbors. Unfortunately, it is impossible for us to support their application since we view the consequences of this action to be very detrimental to us and other members of the neighboring community. After having reviewed the proposed plan, we are convinced that the natural beauty and serenity of our beloved home could be forever compromised. We are sorry to have to dispute their application and hope they will understand our position. Due to prior family commitments, we will be out of town and not able to attend the hearing scheduled for June 30. In the meantime, we hope that you will consider the following in your evaluation of this application: · The proposed subdivision contemplates a residential dwelling that will likely necessitate the removal of most of the trees situated along the entire western and southern borders of the property. As several of our neighbors can attest, these trees add greatly to the aesthetic appeal of our own individual properties, but we also believe they are a distinguishing and valued feature of the Bayview area that should be preserved in the interest of the entire community. · Multiple parties stand to lose with the approval of this application. Based on a conversation with one local realtor, we have reason to believe this subdivision could have a negative impact on neighboring property values. In our opinion, the subdivision of such a relatively small property goes against the spirit and intent of the zoning ordinance, which is to preserve and protect, among other things, the character and natural beauty of the neighborhood. We also fear it sets a precedent that could pave the way for increased subdivision applications in our area in the future. Thank you in advance for your time and consideration of this matter. We appreciate the work you do in serving and protecting our community. Sincerely yours, Mary Cantwell John Breitweg JUN 2, 5 2010 ~OA~D OF ~PP~ALS 9885 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 12th dayof Au.qust12010. /.../.~ f~/"~" Principal Clerk Sworn to before me this )L)') dayof LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OFAPPEAL$ THURSDAY AUGUST 26, 2010 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Southold, the following public hear- ings will be held by the $OUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road. 1~O. Box 1179, Southold. New York 11971-0959, on THURSDAY. AU- GUST 26. 2010: 9'.30 AM - Steve and Ol_~a Tenedios 06407: Request for Variance from Code Section 280-15(F), based on an applica- tion for building permit and the Build- ing Inspector's June 11, 2010 Notice of Disapproval, concerning proposed two story two car accessory garage~ 11 loca- tion in a side yard when a front yard or rear yard location is code-required on a waterfront parcel, at: 17327 Main Rd.. East Marion. SCTM#1000-23-1-14.10. 9:50 AM - Judith B. Uliman and Ju- dith A. Moch e~103: Request for vari- ance from Code Section 280-124, based on an application for building permit and the Building Inspector's March 2, 2010, updated May 25, 2010 Notice of Disap- proval concerning proposed foundation reconstruction and alteration to year round dwelling at: 11 less than the code required front yard setback of 50 feet; 2) less than the code required side yard setback of 15 feet; 3) conversion of front porch to habitable space which p~rsuant conformance. Property located at: 7617 Soundview Ave.,(edj. to Great Pond aka Leeton's Lake) Southold SCTM#1000- ~ (adj. from PH 12f3/09) Lo~ation of Property: 45450 C.R. 48 (a/k/a North Road or Middle Road) and Youngs Avenue, Southuld; CTM 1000-55-5-2.2. Zone District: Gen- in# thc following, based on the Building ; 06319 - Rcquest for a Special Excep- tion concerning vehicle and accessory sales, and #6336 - Request for a Variance con- sern~ng an as-built accessory shed build- mgm a location other than the code- required rear yard. 10'30 AM. Thomas M. and Maureen F. Dowlin~ #6a1'~ Request for vari- ance from Code Section 280-124, based on an application for building permit and the Building Inspector's May 26, 2010 Notice of Disapproval concern- ing proposed additions/alterations to a single-family dwelling at: 11 less than the cbde required side yard setback of 15 feet, 2) less than the code required to- tal side yard combined of 35 feet. Prop- erty located at: i200 Broedwaters Rd., (adj. to Broadwaters Cove) Cutchogue, 10:45 AM - Michael and Renee Belle- ro #6414: Request for variance from ap- proved Cluster Subdivision setbacks and Code Section 280-18, based on an appli- cation for building permit and the Build- ing Inspector's May 26, 2010, amended July 13. 2010 Notice of Disapproval concerning proposed additions/altera tiGriS to existing single-family dwelling at: 11 less than the approved front yard setback of 25 feet; 2) less than the .code required maximum number of stories of two and a half. Property located at: 2095 The Strand and The Greenway, East Marion, SCTM#1000-30-2-52. 11:00 AM. Bonnie M. Ouinn #6408; Request for variance from Code Sec- tion 280-116(B) and 280-15, based on aa application for building permit and the Building Inspector's June 14, 2010 Notice of Disapproval concerning "as built" alteratinns/addifions and acees sory structures at: 11 les~ than the code. required setback from a bulkhead of 75 feet; 2) accessory structures located in side yard when the rear yard location is code required. Property located at: 1075 Cedar Point Dr., West (adj. to west Lake) Southold, SCTM#1000-90-1-4. Oneen #6401: Request for variance from Code Section 280-124, based on an ap- phcation for building permit and the Building InspeCtor's December 8, 2009, updated May 27, 2010 Notice of Disap- proval concerning proposed deck add - tion to a single-family dwelling at less than the code required rear yard setback of 35 feet. Property inca ted at: 1380 Koke Dr.,Southuld SCTM#1000-87-5.18. 11:45 AM - William Gorman and for variance from Code Section 280- 121(A)la, based on an application for building permit and the Building Inspec- or's May. 14 2010 Notice of Disapproval concerning proposed change of use o an existing structure: 1) In the AC Zone the proposed use is not allowed, 2) per Zoning Board of Appeals grant#1508 structure was granted vacuum cleaner sales and repairs, proposal is to change to retail antique/craft shop Property ocated at: 45805 Route 25, Southold SCTM#1000-75.2.14. 12:30 PM - Eileen E Debanev ~6406; Request for Variance from Code Sec- tion 280-124. based on an appl ca on for bui d ng permit and.the Building Inspec- tor's Ju~e 3, 2010 Notice of Disapproval, concerning "as built"deck addition to ex- isting single-family dwelling, 1) less than the c~de required front yard setback of 35 feet, at: 1140 Carrington Rd. and Vanston Rd., Cutchogue. SCTM#1000- ~-.~(~ H R~T[~A VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK NO. 0! .~fO6105050 Qu¢~!flecl m Sutfo~k County 12.45 PM - JOHN and DANIELLA ~NETIS #6396 Location of Property: 2600 Takaposha Road, (adj. to Corey Harbor) Southold; CfM 1000-87-64. 280-116-B and 280-124, based on the Building Inspector's April 20, 2010 No- tice of Disapprgval concerning an ap- will be: 11 less than the code-required mini- mum of 75 feet from the bulkhead, 2) less than 35 feet from the front lot line, line, 4) less than 25 feet for both (com- bined) minimum side yard setbacks, 5) exceeds the code limitation of 20% maximum lot coverage (building area), prior meetings and pending additional information: Adjourned from Public Heating May 20, 2010: 1:00 PM ORIENT FIRE DISTRICT #6379. (adj, from May 20, 2010 PH) quest for Variance from Code Section 280-700) based on an application for building permit to co-locate on existing equipment, and the Building InSpector's August 13, 2009, amended December 8, 2009, updated March 4, 2010 Notice of wireless communication tower, 11 tower exceeding the code required maximum height of 45 feet and the prior height gm nted of 90 feet; at 23300 Main Rd. and Tabor Rd., Orient, NY. SCTM#1000-18- 5-13.8. Zone RS0. Adjourned h'om Public Hearing June 30, 2010: Adjourned from Public Hearing July 29, 2010: J,l~0 PM - JOHN E. and SHARON I. Adjourned from Public Heating June 30, 2010: $309S Main Road (Mal~ng/USPS) Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road EO. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS WEDNESDAY JUNE 30, 2010 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on WEDNESDAY JUNE 30~ 20t0: 11:45 A.M. ALEXANDER L. and TRACY M. SUTTON #6385. Request for Variances from Code Section 280-18 based on an application for building permit and the Building Inspector's October t4, 2009, Updated March 18, 20t0, Notice of Disapproval concerning proposed two lot subdivision, with total lot area less than the code required 80,000 square feet for two lots at; tt60 North Bayview Rd., Southold, NY. SCTM#1000-78-9-54 & 78. Zone: R-40. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Vicki.Toth~,Town. Southold.ny.us. Dated: May 27, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net June 1,2010 Re: Town Code Chapter 55 - Public Notices for Wednesday, June 30, 2010 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before June 14th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan {filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al.~l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailin,q address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or durin.q the hearin,q, providin.q the returned letter to us as soon as possible; AND not later than June 21st: Please either mail or deliver to our office your Affidavit of Mailin.q (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible, If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later June 22st: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver or mail your Affidavit of Posting for receipt by our office before June 28th, 2010. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME SUTTON, A. & T. #6385 MAP # 78-9-54 & 78-9-78 VARIANCE 2 LOT SUBDIVISION REQUEST AREA LESS THAN CODE DATE: WED JUNE 30, 2010 1 1:45 AM If you are interested in this project, you may review the file(s} prior to the hearing during normal business days between 8 AM and 3 PM, ZONING BOARD-TOWN OF SOUTHOLD 765-1809 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 17th dayof June, 2010. Principal Clerk Sworn to before me this 2010. LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEAL~ WEDNESDAY ~JNE 30, 2010 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Southold, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main ~ Road, EO, Box 1179; Southold, New I York 11971-0959, on ~ 9-.30 A.M. MARY ZUPA #6394: Request for Variance from Code Sec- tion 280-14, based on an application for building permit to build a new single family dwelling in addition to an exist- lng marina, and the Building Inspector's March 24, 2010, Amended April 1, 2010 Notice of Disapproval stating that the proposed construction is not permitted unless the same conforms to the Bulk Schedule and Parking Schedule propos- al is at less than the code required 80,000 sq. ft. of land. Location of Property: 580 BaSin Rd, (edjaeent to Southold Bay) Southold, NY. SCTMg1000-81-1-16.7. Zone: R-g0. ('1~ Zoning Board o~ Ap- peat, ia its Dec,ion # 5244 daw~i August 2, 2004, granted the applicant relief from thc 80,000 sq. ft. requirement to allow the eonstructinn of a new single family dwelling, however, the grant was con- ditioned upon citiler tile abandonment of the existing, legal non-conforming marina use or the grant of a variance pursuant to Section 280-12fG that would allow tile non-conforming use to continue in conjunction with the single family dwelling - a permitted use. This application is being made to fulfill this condition.) 10.-00 A.M. JOHN J. ABELE g6386 Requesf for Variances from Code See- tion 280-10(A) based on an application for building permit and the Building In- spector's March lg, 2010, Notice of Dis- approval concerning waiver of merger which states that the nonconforming lots shall merge until a total lot size conforms to the current bulk schedule (minimum 40,000 square feet in this R40 Residen- tial Zone District). This land merged with the adjacent property located to the south identified as SCIM gl 000-79-4-41 at; 500 Harbor Lights Dr., Southold, NY. 10:15 A.M. SIM MOY g638a Re- quest for Variances from Code Sections 2190-124 & 280-116 based on an applica- tion for building permit and the Building Inspector's January 12, 2010, Updated March 15, 2010, Notice of Disapproval concerning construction of a new single family dwelling, at (1) less than the code required minimum rear yard setback of 35 feet, (2) less than the code required setback from a bulkhead of 75 feet at; 750 West Lake Dr., Southold, NY. SCTM#1000-90-2-1. (adj. to Litfle Pe- conic Bay and dug Inlet) 10:30 A.M. ANDREW GREENE #6387. Request for Variances from Code Section 2g0-116(A) based on an apphca- tion for building permit and the Build- ing Inspector's March 24, 2010, Notice of Disapproval concerning construction of an accessory in-ground swimming pool at less than the code required setback from a bluff of 100 feet at; 30653 Route 48~ Peconic, NY. SCPMg1000-73-4-5. (adj. to Long Island Sound) 10..50 A.M. THOMAS and NANCY ~ Request for Vari- ance from Code Section 290-124, based on an application for building permit and the Building Inspector's November 20, 2009, Updated February 18, 2010, No[i~e of Disapproval concerning "as built" deck addition at less than the code required front yard setback of 35 feet at: 3273 Manhasset Rd., Greenpori, NY. s~g1000-43-i-9. " ll,'00A.M. CHARLES MATTINA (BELLMATY PROPERTIES. LLCt g638L Request for Vatiance from Code Section 280-124, based on an applica- tion for building permit and the Build- ing Inspector's March 1, 2010, Notice of Disapproval concerning deck additions at less than the code requ/red ftont yard setback of 35 feet at; 545 Koke Dr., Soutbold, NY. SCTM#1000-87-5-14. 11:15 A.M. FRANK and DON1N& SCAROLA and DONNA PI~RRIN #6382. Applicants request a Special Ex- cepilon under Section 280-13B(14),. The Applicants are the owners requesting authorization to expand kn Accessory Bed and Breakfast, accessory and inci- dental to their residential occupancy in this single family dwelling, from three (3) bedrooms to five (5) bedrooms for lodging and serving Of breakfast to the B&B casual, transient roomers, Location of Property: 4850 Sound Ave., Mattituck; CTM 121-3-6. 11:30 A.M. JOSEPH E GONZAi .Irs #638& Request for Variances from Code Section 280-116 based on an application for building permit and the Building in- spector's Amended December 10, 2009, Updated March 9, 2010, Notice of Dis- approval concerning "as built" rear deck and existing sheds, at less than the code required setback from a bulkhead of 75 feet at; 2700 Ole Jute Lane Mattiteek, NY. SCTM#1000-122-4-14. (adj. to James Creek) NOTARY PUBLIC-STATE OF NEW YORK NO. 01-V06~ 05050 Qualified in Suffolk County Carryover Hearings, continued from prior meetings and pending additional information: Adjourned from Public Hearing March 25, 2010: Adjourned from Pubile Hearing Feb- ruary 25, 2010: 1.30 P.M. MARC and DEIRDRI~ Adjourned from Public Hearing ApiJ122, 2010 2..00 p.M. NICK MIHALIOS ~6361 The Board of Appeals will hear all persons, or their representativeg desir- ing to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier tham d6signated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesi- tate to contact our office at (631) 765- 1809, or by e-math Vicki.Tothg~qbwn. Southold.nv. us. Dated: June 9, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIR. pER~ON BY VICKI TOTH 54375 Main ROad (Office Location) 53095 Main Road (Mal~ing/Ugpg) P.O. Box 1179 Southold, NY 11971-0959 9814-1T 6/17 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of A & T SUTTON (Name of Applicant) SCTM Parcel #1000-78-9-54 & 78-9-78 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the /-/--/ day of June, 2010, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. Sworn to before me this /'~ 'TN day of June 2010. c) M^RGARET C. RUTKOWSK] Notsry Publio, State of New York No. 4982528 Qualified In Suffolk Count~.,~ ..., ~ z Commission Expires June 3, d,~'L."// PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. I~ECEIPT FROM: PATRICIA C MOORE BOX 1715 FEES: TOTAL $ 5.54 POSTMARK OR DATE FROM: pATmC~A C MOORE RE SUPRON ZBA HEARING sEND TO: vITO A & ROSA PIETANZA 435 H GHV~OOO ROAD FEES: o 44 postage 280 TOTAL $ 5.54 pOSTMARK OR DATE RECEIPT 7192 6463 3110 0oo0 7217 FROM: PATRIC[A C MOORE RE~ SUTTON ZSA HEARING SEND TO: FEES: o.~, postage 280 TOTAL $ 5.54 pOSTMARK OR DATE RECEIPT 719264633110c0037224 FROM: PA?R~ClA C MOORE RE: SUTTON ZBA HEARING SEND TO: MARy E CANTW~LL 345 E. 93RD STREE'r, APT. 17G NEW YORK NY 10128 FEES: Postage 044 TOTAL $ 5.54 POSTMARK OR DATE RECEIPT FROM: RECEIPT 7192 6463 3110 0(300 7255 FROM: PATRIClA C MOORE RE SUTTON ZBA HEARING RECEIPT 7192 6463 3110 0(300 7262 FROM: PATRIC[A C MOORE RECEIPT 7192 64~3 3110 0~00 7293 FROM: PATRICIA C MOORE RE SUTTON ZBA HEARING SEND TO: BARBARA J. MCLAUGHLIN 1075 VICTORIA DR~VE SOUTHOLD NY 11971 FEES: TOTAL $ 5.54 POSTMARK OR DATE SEND TO: THOMAS & DOROTHY WALL 1015 VICTOBI~ DRIVE SOUTHOLO NY 11971 FEES: Postage o 44 TOTAL $ 5.54 POSTMARK OR DATE SEND TO: THOMAS & CLAIRE KENNEDY PO BOX 1832 SOUTROLD NY 11971 FEES: TOTAL $ 5.54 pOSTMARK OR DATE SEND TO: EDWIN & LILL[AN J FOBS 135 LIBERTYLANE SOUTHOLD NY 11971 FEES: Postage 044 c®rl ~'ied Fee 2 80 TOTAL $ 5.54 POSTMARK OR DATE RECEIPT FROM: SEND TO: JACK & MARY GUILD FEES: ~ 0.44 TOTAL $ 5.54 POSTMARK OR DATE address on the reverse · Attach this card to the back of the mailpiece, or on the front if space permits. 2..~lic~e Number PS Foml 38t 1, February 2004 Domestic Return Receipt B. Received by (Pdnte~ C. Date of Delivery D. Is delivery e~f~ss different from Item t? ]Yes If YES, ent~ delivery aq~il,ess below: [] No 3. Serv/ce Ty~pe JOl CerUfled Mall [] Express Mail i-I Registered ~' I~ Ratum Receipt for Merchandise [] Insured Mall ~c.O.D. 4. Restricted Delivery? (Extra Fee) r'l Yes __ 'r Rec ,ipt 1O~¶~ r 41 Restricted Delivery? 3. Service Type Extra Fee) []Yes CERTIFIED 2. Article Number I 7192 6463 3110 0000 7224 PATRICIA C. MOORE 51020 MAIN ROAD I. ii~SOUTHOLD NY 11971 2eceived 7192 6463 3110 0000 7224 1, Article Addressed To: MARY £ CANTWELL 345 E. 93RD STREET, APT. 17G NEW YORK NY 10128 PATRICIA C. MOORE 51020 MAIN ROAD SOUTHOLD NY 11971 B. Received By: C. Date of Delive~ 4. Restricted Delivery? J 3. Service Type (Extra Fee) [] YesI CERTIFIED r2. Article Number 7192 6463 3110 0000 7200 7192 6463 3110 0000 7200 Article Addressed To: JOHN G. KANDALL 150 GOOSE CREEK LA EXT PO BOX 1715 SOUTHOLD NY 11971 JOHN G. KANDALL 150 GOOSE CREEK LA EXT PO BOX 1715 SOUTHOLD NY 11971 SCTM: 1000-78-8-10 VITO A & ROSA PIETANZA 435 HIGHWOOD ROAD SOUTHOLD NY 11971 SCTM: 1000-78-%51 MYLES & LOIS AMEND 66 MILTON RD., APT. E-21 RYE NY 10580 SCTM: 1000-78-9-52 MARY E CANTWELL 345 E. 93R° STREET, APT. 17G NEW YORK NY 10128 SCTM: 1000-78-9-53 BARBARA J. MCLAUGHLIN 1075 VICTORIA DRIVE SOUTHOLD NY 11971 SCTM: 1000-78-9-55 THOMAS & DOROTHY WALL 1015 VICTORIA DRIVE SOUTHOLD NY 11971 SCTM: 1000-78-9-56 SUTTON MAILING LIST SCTM: 1000-78-9-54 & 78 THOMAS & CLAIRE KENNEDY PO BOX 1832 SOUTHOLD NY 11971 SCTM: 1000-78-9-73 EDWIN & LILLIAN J FOSS 135 L1BERTYI,ANE SOUTHOLD NY 11971 SCTM; 1000-78-9-74 JACK & MARY GUILD 1420 N BAYVIEW ROAD EXT SOUTHOLD NY 11971 SCTM: 1000-78-9-76 PATRICIA C- MOORE 51020 MAIN ROAD SOUTHOLD NY 11971 PATRICIA C. MOORE 51020 MAIN ROAD SOUTHOLD NY 11971 Jre: B. Received By: (Please Print C. Date of Delivery 4. Restricted Delivery? 3. S~i%e T--yp~' ---- ~- I (E,,r.F,,) r~Yes CER] D I . ArtJcle Number j I 7192 6463 3%~U ooao 7~sSI 7192 6463 3110 0000 7255 t. Article Addressed To: THOMAS & DOROTHY WALL 1015 VICTORIA DRIVE SOUTHOLD NY 11971 (Extra Fe~ [] Yes CERTIFIED 2. Article Number 7192 6463 3110 0000 7262 7~92 6463 3110 0000 7262 Article ~ddressed To: THOMAS g CLAIRE KENNEDY PO BOX 1832 SOUTHOLD NY 11971 PATRICIA C. MOORE 51020 MAIN ROAD SOUTHOLD NY 11971 I 2. Articre Number 7192 ! 6463 3110 0000 7194 IllllllllJlllllllllllllllll/lllllllll 7192 6463 3110 0000 7194 1. Article Addressed To: VITO A & ROSA PIETANZA 435 HIGHWOOD ROAD SOUTHOLD NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of ALEXANDER & TRACY SUTTON AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-78-9-54 & 78 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Patricia C. Moore, residing at 370 Terry Lane, Southold, New York 11971 being duly sworn, depose and say that: On the4~O'day of June, 2010, I personally placed the Town's official Posters, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be Thursday, JUNE 30, 2010. Patdcia C. Moore Sworn to before me this ~" dayofJune, 2010 *near the entrance or driveway entrance of the property, as the area most visible to passersby. 08/29/2010 15:03 FAX 631 765 4643 MOORE LAW OFFICES ~001 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, NewYork 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 FACSIMILE COVER SHEET The pages c~mprising this f~ceimi~e transmissi~n ~~ntain c~n~dentia~ inf~rmati~n from Patricia ~~ M~~re~ This information is intended solely for usa by the individual entity named as the recipient hereof. If you are not the intendea recipient, be aware that any disclosure, copying, distribution, or use of the contents of this transmission is prohibited. If you have received this transmission in error, please notify us by telephone immediately so we may arrange to retrfeve this transmission at no cost to you. TO: 2~ ~ ~ FAX NO: DATE: TOTAL NUMBER OF PAGES INCLUDING COVER SHEET IF TRANSMISSION IS FAULTY OR INCOMPLETE, PLEASE CALL BACK AS SOON AS POSSIBLE. comments: 06/29/2010 15:03 FAX 631 765 4843 USPS - Track & Confirm MOORE LAW OFFICES ~ 002 Page 1 of I ~ UNITF. D ST~TES Home I ~ I Sion in Track & Confirm Search Results La~ellReceipt Number: 7192 6463 3110 0000 7248 Se(vice(s): Certified Mail"' Status: Notice Left We attempted to deliver your item at 10:42 AM on June 15, 2010 in WAVES, NC 27982 and a notice was left. You may pick up the item at the P~,$t Office indicated on the notice, go to Wy~w.usos.com/redeliverv. or cait 800-ASK-USPS to arrange for redelivery. If this item is unclaimed after 30 days then it will be returned to the sender. Information, if auailable, is updated periodically throughout the day. Please check again Detailed Results: · Notice Left, June 15, 20'10, 10:42 am, WAVES, NC 27982 · Arrival at Unit, June 15, 2010, 8:10 am, SOUTHOLD, NY 1197'1 N(.~tification Options Track & Confirm by emait Get current event information or updates for your item sent to you or others by small. $,~ > ~ Tre~k & Confirm FAOs Enter Label/~ceipt Numt~er. I CO py ,,ia ht(c~ 20t 0 USPS. All RightS ReSe~ed. NO F EAR A~,~ EEO Dais FOiA O ~ http://trkcnfrm 1. smi.usps.com/PTSInternetWcb/InterLabcllnquiry'd° 6/29/2010 06/29/2010 15:03 FAX 631 765 4643 USPS - Tras:k & Confirm MOORE LAW OFFICES ~ OO3 Page 1 of 1 Home I ~ t Slan in Track & Confirm Confirm FAQs Search Results Label/Receipt Number: 7t92 6463 3tt0 0(~0 7293 Service(s): Certified MailT" Status: Notice LeE W~ attempted to deliver your item at 10:40 AM on June 15, 2010 in W~VES, NC 27982 and a notice was left. You may pick up the item at the Post Office indicated on the no,ica, go to W~vW.U~DS.cem/redeliverv. or c~ll 800-ASK-USPS to arrange for redelive~J. If this item is unclaimed after 30 days then it will be returned to the sender. Information, if a,~ailable, is updated periodically throughout the day. Please check again later. ~nte~,,Label/Receipt Number. I Detailed Results: · Notice Left, June 10, 2010. 10:40 am, WAVES, NC 27982 · Arrival at Unit, June 16, 20t0, 8:10 am, SOUTHOLD, NY 11671 Nmification Options T~ack & Confirm by small Get current event information or updates for your item sent to you or others by small http://trkcn frm I .smi.usps.com/PTSIntemetWeb/lnterLabellnquiry.do 6/29/2010 Office Location: Town Annex/Fimt Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765.1809 Fax (631) 765-9064 April 28, 2010 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6385 Action Requested: Within 500 feet of: If any other information Owner/Applicant: SUTTON Subdivision ( State or County Road ( ) Waterwa (Bay, Sound, or Estuary) (X) Boundar of Existing or Proposed County, State, Federal land. ( Boundary of Agricultural District ( y of any Village or Town is needed please do not hesitate to call us. Thank you. Very truly yours, Encls. Leslie K. Weisman ZBA Chairperson BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southoid, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 October 12, 2010 Patricia Moore, Esq. 51020 Main Rd. Southold, NY 11971 Re: ZBA #6385 - Sutton Dear Ms. Moore: Transmitted for your records is a copy of the Board's October 7, 2010 Findings, Deliberations and Determination, the original of which was filed today with the Town Clerk regarding the above application, with copies forwarded to the Planning Board and Building Department. Please contact the Planning Board regarding the next step in this subdivision process. Sincer~e~, Vicki Toth Encl. Copies of Decision to: Building Department Town Clerk (Original for filing) Planning Board UII NOTICE S~CTK)N NO 078 N~VAPPIZz~. atooo,~ FI' \VIT~PUT VIC"I*PlZI~ DIZlV'F.. PP. zPP~F.,.D ~ 2 / / PREMISES KEY MAP SCALE 1"=600' TEST HOLE DATA Date ,& / V / LOT !2 59,291 Esq. Iff. L1~T 1 40,000 lq' fi' TYPICAL PLOT PLAN (HOT $0 SCAL~) PROPERP¢ UN~7 PROPERFf' UN~ KEY SCALE LOT 2 BUILDING SEPTIC TANK 10' MN LF~CHING ROAD TYPICAL SEWAGE DISPOSAL SYSTEM LOT I POOL ROAD I hereby ce~ify that the water supply(s) and/or sewage disposal system(s) for this project were deslgned by me or under my direction. Based upon o careful and thorough study of the soil, site and groundwater conditions, oll lots, os proposed, conform (o the Suffolk County Depo~ment of Health SeFvlces construction standards in effect os of this dote. LEACHING POOL MAP 1 ' = 100' STANDARD SUBDIVISION PREPARED FOR L. & TRACY SITUA TED A T $OUTHOLD TOWN OF SOUTFIOLD SUFFOLK S.C. TAX ALEXANDER M. SUTTON COUNTY, NEW YORK No. 1000-78-09-54 SCALE 1"=40' JUNE 15, 2007 JANUARY 21, 2008 REVISED AS PER PLANNING BOARD COMMENTS MAY 12, 2008 ADDED ENVlORNMENTAL RESOURCES NOTES JANUARY 15, 2008 ADDED WATER MAIN LOCATION MARCH 25, 2009 REVISED NOTES MARCH 17, 2010 REVISE PROPOSED LOT SIZES TOTAL LOT AREA = 79,291 sq. 1.820 ~c. NOTES' 1. ELEVATIONS SHOWN THUS:-~ ARE REFERENCED TO TOPOGRAPHICAL MAP OF FIVE EASTERN TOWNS DATUM, l. CONTOURS SHOWN THUS:----50 ABE SCALED FROM TOPOGRAPHICAL MAP OF FIVE EASTERN TOWNS. 2. MINIMUM SEPTIC TANK CAPACITIES FOR A 1 TO A BEDROOM HOUSE iS 1,000 GALLONS, 1 TANK; 6' LONG, 4'-S" WIDE. 6'-7" DEEP 3. MINIMUM LEACHING SYSTEM FOR A $ TO 4 BEDROOM HOUSE IS 3OB sq ff SIDEWALL AREA. 1 POOL; 12' DEEP, 8' dia, ~._~ PROPOSED EXPANSION POOL O PROPOSED LEACHING POOL r~ PROPOSED SEPTIC TANK 4. THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD OBSEBVATIONS AND/OR DATA OBTAINED FROM OTHERS. 5. THIS PROPEBTY IS IN ZONE R-40 6, THERE ARE NO BLUFFS OR WETLANDS AFFECTING THIS PEOPERYY. 7, THIS PBOPER'J¥ IS NOT INCLUDED WITHIN ANY AQUIFER RECBARGE, SPECIAL MUNICIPAL WATER SUPPLY OR GROUNDWATER PROTECTION AREAS. B. THERE ARE NO ABCHEOLOGICAL OR CRITICAL ENVIRONMENTAL SITES AN THIS PBOPERTY. 9, THIS PBOPEBTY IS IN FLOOD ZONE X (AREAS DETERMIED TO BE OUTSIDE 500-YEAR FLOODPLAIN). lB. THE SOIL TYPES ON THIS PROPERTY ARE: RdB (RIVERHEAD SANDY LOAM, S TO B PERCENT SLOPES) RdC (BIVEBHEAD SANDY LOAM, 8 TO 15 PERCENT SLOPES) 10. THE SOIL TYPES ON ?HIS PROPERTY ARE: L4NDSC/.PE NOTE: THE REQUIRED FRONT YARD, EXCEPT FOR THE AREA OF THE DRIVEWAY, SHALL BE LANDSCAPED WITH GRASS OR OTHER SUITABLE GROUND COVER. TREES AND/OR SCRUBS. FIRE DISTRICT - SCHOOL DISTRICT - POST OFFICE DISTRICT SOUTHOLD SOUTHOLD - SOUTHOLD OWNER AND APPLICANT: ALEXANDER L. AND TRACY 325 HORTON'S LANE P.O. BOX 70 SOUTHOLD, NY 11971 M. SUTTON THIS SUBDIVISION WILL APPEAR IN DISTRICT 1000 SECTION 76 BLOCK 09 THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD. IF ANY, NOT SHOWN ARE NOT GUARANTEED, I HEREBY CERTIFY THAT THIS MAP WAS MADE BY US FROM ACTUAL SURVEYS COMPLETED JUNE 15, 20D7 AND THAT ALL CONCRE%E MONUMENTS SHOWN TNUS:~ HEREON ACTUALLY EXIST AND THEIR PosmoNs ARE CORRECTLY SHOWN AND ALL DIMENSIONAL AND GEODETIC DETAILS ARE CORRECL BY THIS IS TO CERTIFY THE SUBDIVISION PLAN HAS BEEN APPROVED BY THE pLANNING BOARD OF THE TOWN OF 90UTHOLD BY RESOLUTION OF APPROVAL DATED CHAIRMAN PLANNING BOARD N tl an Taft Corw,n III Land Surveyor Ut~ Su~eys -- Sub~v~ions PHONE (651)727-2090 OFFICES LOCATED AT 1586 Mein Jemespo~, New York 11947 Site Plons -- Construction Loyout Fax (631)727-1727 MAILING ADDRESS P,O, Box 196 dDmespor[ New York 11947 27-166E SUBJECT PREMISES KEY MAP SCALE 1"=600' TEST HOLE DATA WEb's,+ !1 TOTAL~ LOT ~RT PI LOT AREA NOT / V~Uc / '~' w~'h .,,//; LO ,,--..~. ~ 61,899 sq.~ff. / 1.421 ac./ \ LOT ~ I ---- = 44.551[sq. ft. 1.023 ~c. i 200.0 q, i TYPICAL PLOT PLAN (NOT TO SCALE) PROPERTY LJNE~ pROpERTY LtNE~ / / L / ! KEY LOT 2 LOT I BUILDING SEPTIC TANK ROAD TYPICAL SEWAGE DISPOSAL SYSTEM POOL ROAD J a' J I hereby certify that the water supply(s) and/or sewage disposal system(s) for this proJect were designed by me or under my dlrection, Based upon a careful and thorough study of the so?l, site and groundwater conditions, all iota, as proposed, conform to the Suffolk County BepclrLment of Health Services construction standards in effect as of this date SCALE LEACHING POOL MAP 1"=100' 4 STANDARD PREPARED ALEXANDER SUFFOLK S.C. TAX S.C. TAX SUBDIVISION L. & TRACY M. SUTTON SITUA TED A T SOUTHOLD TOWN OF SOUTHOLD COUNTY, NEW YORK No. 1000-78-09-54 No. 1000-78-09-78 SCALE 1"=40' JUNE 15, 2007 JANUARY 21, 2008 REVISED AS PER PLANNING BOARD COMMENTS MAY 12, 2008 ADDED ENVIORNMENTAL RESOURCES NOTES JANUARY 15, 2008 ADDED WATER MAIN LOCATION MARCH 25, 2009 REVISED NOTES AREA DATA 79,291 sq. fl, LOT I 61,899 sq. ft. 1000-78--09--54 1.820 ~c. 1.421 ec. 44,551 sq. ft. 27,159 sq. ff. LOT 2 1.023 1000--78--09--78 0.624 Dc. TOTAL 106,450 sq. ff. TOTAL 106,450 sq. ff. 2,444 ac. 2.444 ac. NOTES' I, ELEVATIONS SHOWN THUS:-~ ARE REFERENCED TO TOPOGRAPHICAL MAP OF FIVE EASTERN TOWNS DATUM. 1. CONTOURS SHOWN THUS:----50 --- ARE SCALED FROM TOPOGRAPHICAL MAP OF FIVE EASTERN TOWNS. 2. MINIMUM SEPTIC TANK CAPACITIES FOR A 1 TO 4 BEDROOM HOUSE IS 1,000 GALLONS. 1 TANK; 8' LONG. 4'-3" WIDE, 6~-7" DEEP S. MINIMUM LEACHING SYSTEM FOR A 1 TO 4 BEDROOM HOUSE IS SO0 Gq ft SIDEWALL AREA. 1 POOL; 12' DEEP, B' dia. () PROPOSED EXPANSION POOL PROPOSED LEACHING POOL ~ PROPOSED SEPTIC TANK 4. THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ABE FROM FIELD OBSERVATIONS AND/OR DATA OBTAtNED FROM OTHERS. 5. THIS PROPERTY IS IN ZONE R-40 6. THERE ARE NO BLUFFS OR WETLANDS AFFECTING THIS PROPERTY. 7. THIS PROPERTY IS NOT INCLUDED WITHIN ANY AQUIFER RECHARGE, SPECIAL MUNICIPAL WATER SUPPLY OR GROUNDWATER PROTECTION AREAS. 8. THERE ARE NO ABCH£OLOGICAL OR CRITICAL ENVIRONMENTAL SITES AN THIS PROPERTY. 9. THIS PROPERT'f iS tN FLOOD ZONL ~ [AREA~ DETERMIED TO BE OUTSIDE GDO-YEAR FLOODPLAIN). 10. THE SOIL TYPES ON THIS PROPERTY ABE: RdR (RIVERHEAD SANDY LOAM. S TO 8 PERCENT SLOPES) BdC (RIVERNEAD SANDY LOAM, ii TO 15 PERCENT SLOPES) I0. THE SOIL TYPES ON THIS PROPERTY ARE: THIS SUBDIVISION WILL APPEAR IN DISTRICT 1000 SECTION 78 BLOCK 09 THE EXISTENCE OF RIGHT OE WAYS AND/OR EASEMENTS OF RECORD, IF ABY, NOT SHOWN ARE NOT GUARANTEED. L~NDSC~PE NOTE THE REQUIRED FRONT YARD, EXCEPT FOR THE AREA OF THE DRIVEWAYi SHALL BE LANDSCAPED WITH GRASS OR OTHER SUITABLE GROUND COVER, TREES AND/OR SCRUBS, FIRE DISTRICT - SOUTHOLD SCHOOL DISTRICT - SOUTHOLD POST OFFICE DISTRICT - SOUTHOLD OFNER AND APPLICAN~ ALEXANDER L. AND TRACY 525 HORTON'S LANE P.O. BOX 70 SOUTHOLD, NY 11971 M. SUTTON ~1A2 2 2 2o10 N.Y.S. Lic. No, 50467 I HEREBY CERTIFY THAT THIS MAP WAS MADE BY US FROM ACTUAL SURVEYS COMPLETED JUNE 15, 2007 ANB THAT ALL CONCRETE MONUMENTS SHOWN THUS' · HEREON ACTUALLY EXIST AND THEIR POSITIONS ARE CORRECTLY SHOWN AND ALL DIMENSIONAL AND GEDDETIC DETAILS ARE CORRECT, BY THIS IS TO CERTIFY TBE SUBDIVISION PLAN HAS BEEN APPROVED BY THE pLANNING BOARD OF THE TOWN OF SOUTHOLD BY RESOLUTION OF APPROVAL OATED CHAIRMAN PLANNING BOARD Nathan Taft Corw n III Land Surveyor Title Surveys -- Subdivisions PHONE (631)727-2090 OFFICES LOCATED AT ~22 ROANOKE AVE RIVERHEAD, New York 11901 -- Site Plans -- Construction Layout Fox (651)727-1727 MAILING ADDRESS P.O. Box 1951 Riverhead, New York 11901-0965 27-166C