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Home My WebLink About6421 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · RO. 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 SOUTI-IOLD Tel. (631) 765-1809 · Fax (631) 765-9064 RECEIVED 2010 FINDINGS, DELIBERATIONS AND DETERMINATION ~~.~ MEETING OF NOVEMBER 16 2010 e . .' ~ ~.! ?~-.---' -, - ZBA FILE: 6421 NAME OF APPLICANT: Edward Latham PROPERTY LOCATION:31900 Main Road, Orient NY SCTM#: 1000-19-1-7.5 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 September l 4, 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 was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued his reply dated October 13, 2010, based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. SOUTHOLD TOWN PLANNING BOARD: This application was referred to the Town Planning Board for comments. On October 1, 2010 the Planning issued its comments and stated their support in granting all of the requested variances. SUFFOLK COUNTY SOIL AND WATER: This application was referred to the Soil and Water Conservation District and in a letter dated September 15, 2010, they found no environmental concern with the subdivision proposal. PROPERTY FACTS/DESCRIPTION: Subject parcel is 435,600 sq. ff. lot in the R200 District. It is improved with a single-family dwelling, accessory garage, numerous barns and green houses. It has 114.92 feet of frontage on Main Rd., (State Rte. 25), 905.66 feet along the east property line, 805.82 along the south property line, 866.81 on the west property line and 555.28 on the north property line, as shown on the survey dated July 13, 2010 prepared by John C. Ehlers, LS. BASIS OF APPLICATION: Request for Variances from Article III Code Section 280-14 (Bulk Schedule) based on an application for building permit and the Building Inspector's July 29, 2010, Notice of Disapproval concerning proposed two lot subdivision, Parcel 1 - 1) lot size less than the code required 400,000 sq. ft. for two uses, 2) side Page 2 - November 16, 2010 ZBA File#6421 - Latham CTM: 1000-19-1-7.5 yard setback of less than the code required 30 feet, 3) lot coverage of more than the code permitted 5%. Parcel 2 - 1) lot size less than the code required 200,000 sq. ft, 2) lot width less than the code required 270 feet. RELIEF REQUESTED: The applicant proposes to subdivide his property into two lots; Parcel one having two uses on 313,430 sq. ft. where the code requires 400,000 sq. ft., a side yard setback of 10 feet where the code requires 30 feet and lot coverage of 7.86% where the code permits 5%. Parcel two is proposed at 122,170 sq. ft. where the code requires 200,000 sq. ft. and lot width of 174.54 sq. ft. where the code requires 270 sq. ft. Additionally this proposal requires Planning Board approval. ADDITIONAL INFORMATION: At the hearing, a neighbor spoke in favor of the application. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on October 21, 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: I. Town Law §267-b(3)(b)(1). Gram of the variance of will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed subdivision will result in only 1 additional residential lot to be located on a property of over 7 acres of land. The development rights of the adjoining property on all sides have been sold by the applicant to either the State of New York or County of Suffolk. 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 uneven configuration of the two lots is due to the amount of wetlands on and adjoining the property. Due to the existing building on the property an area variance would be needed for this proposal. Under current zoning and Subdivision regulations, the proposed subdivision of this property into two residential lots requires a request for relief from the code. 3. Town Law §267-b(3)(b}(3). The variance granted herein is not substantial. Taking into account the dimensional characteristics of the surrounding residential lots and the amount of land that has been permanently preserved and thus protected from futura residential development, the requested variances are not substantial. 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. The applicant has already preserved 114 acres of farmland and an additional 122 acres of wetlands/open space. Therefore, the proposed subdivision, which will result in only one additional residential structure on this already developed lot, will have minimal impacts 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 applicant is required to seek relief from the code the difficulty has been self created. Had the planning tools available today been in existence when the applicant originally proposed to preserve his land the area currently requested in this variance could have been subtracted from the total preserved land to make both lots conform to today's standards. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate 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 , seconded by Member , and duly carried, to GRANT, the variance as applied for, and shown on the survey prepared July 13, 2010 by John C. Ehlers, LS., subject to the following condition: Page 3 - November 16, 2010 ZBA Fileg6421 - Latham CTM: 1000-19q-7.5 Condition: A common driveway access easement shall be provided from existing Lot 1 via the dirt driveway to and over northern portion of existing Lot 2 paved driveway to provide Lot 1 with access to and from Route 25, subject to review and approval by the Town of Southold Planning Board and in a form to be approved by the Southold Town Attorney. 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 futura use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairman), Goehringer, Dinizio, Schneider. (Member Horning by phone no voting right) This Resolution was duly adopted (4-0). Leslie Kanls Weisman, Chai e~rs~on ~ Approved for filing fl~/7/2010 2010 Sout o r'd Town Clerk 'lg:)WN: SOD"I OLD N 58q"25~O6"E .r LOT I ', NSq°21iOS"H ! B55.82' ~*~ LANP NOW OR FORMERLY OF. DATA: t~=1600.00F 41.0~', 'X ,I / Born NDq °25'0E~"~ N~q'oq' see °2~ 114,q2' PROPOSED LOT 2 ®RAPHIO 9OALE 174.54' 450.OO' 0 60 120 'i I OBJ.VQ dVl~ lVNId FINAL liPj n~o o~ ~?~s~s ~ .... IREVIEWED BY ZBA/ 369-8288 F~ 369-8287 ~ ty ~yDrop~x[~0~06 272revised07 06 20lO.~o OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd & Youngs Ave ) Southold, NY 11971 P, ECEIVED MAILING ADDRESS: P.O. Box 1179 Southold, N~ 11971 Telephone: 631 765-1938 F~x: 631 765-3136 To: MEMORANDUM Leslie Weisman, Chair Members of the Zoning Board of Appeals BOARD OF APPEALS From: Mark Terry, Principal Planner LWRP Coordinator Date: October 13, 2010 Re: Coastal Consistency Review for ZBA File Ref. 6421 - LATHAM SCTM#1000-19-1-7.5 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the below Policy Standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney ~J~V PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS JOSEPH L. TOVgNSEND DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 RECEIVED E~OARD OF APPEALS To: Leslie Weisman, ZBA Chairperson Members of the Zoning Board of Appeals From: Martin H. Sidor, Chair Members of the Planning Board Date: October 1,2010 Re: ZBA#6421, Request forVadances SCTM#1000-19-1-7.5 Zoning District: R-200 Location: Orient The Planning Board has received your request for comments regarding the above referenced application requiring two lot area variances, a side-yard setback variance, a lot coverage variance and a lot width variance for the creation of a two lot subdivision on 10 acres in Orient. The Planning Board is in support of granting all of the requested variances as the landowner has preserved approximately 114 acres of farmland and 122 acres of wetlands and open space. Further, the creation of these tow lots, where one has an existing residence and existing agricultural outbuildings will not result in an undesirable change to the character of the community and neighborhood. Should you have any questions or need additional information, please contact the Planning Department. Thank you. ~OUNTY OF SUFFOLK SOIL AND WATER CONSERVATION DISTRICT $23 GRIFFING AVENUE SU~ 110 RIVERHEAD, NY 11901 RECEIVED BOARD OF APPEALS Paul A. TcN~nhuis, CPESC DISTRICT MANAGER Phone (631)727-2315 x3 F.~;- (631)727-3160 C,~or~c ?roios CI-LMRMAN Phone (631) 698-7691 September 15, 2010 Leslie Kanes-'vVeislnml Cbahpel'son Zoning Bom-d of Appeals Town of Southold Po Box 1179 Souflaold, New Yolk 11971 RE: ZBA 6421 (Lath,'un) Dear Ms. %Veism,'m: An hi office rexiew of the sub(hvision tbr Mr. Edwm'd Lafllam's propelS' n~s conducted. The proposed subthdsion is delineated reflective of file area available mid the pre-existing su~lcnu-es oil fl~e ln'opelW. ()m' office thlds no em'h'omnent,'d concern wifll fllis subthvision propos,-fl. It is noted that a 2000 square loot house is proposed, m Prol)osed Lot 491. This house wolfld be placed outside file wetlmid setbacks ,"a~d amongst other pree~stmg stnwnu'es mid woldd requh'e tim installation of a septic system. It' you have any questions, reg,'u'dmg fliis evah~ation, please do not hesitate to contact om' office. Snicerely: ~ P~lly L. ~¢igand ~' Soil Dishict Teclufici,'m Office Hours: Monday through Thursday 7:80 a.m. to 4:00 p.m. DEPARTMENT OF PLANNING COUNTY Of SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE RECEIVED BOARD OF APPEALS THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING September 14, 2010 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman, Chairman Dear Mr. 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 Latham, Edward #6421 Benali, LLC #6422 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 88/18/2818 18:47 BOARD OF TOWN OF SOIYIHOLD FORM NO. 3 NOTICE OF DISAPPROVAL TO: Deborah DoW for Ed Latham P O Box 1181 Cutchogue, NY 11935 DATE: 07/29/10 RECEIVED AUG 3 1 Please take notice that your application dated April 12, 2010 BOARD OF APPEALS For subdivision at Location of property: 31900 Main Road, Orient, Ny County Tax Map No, 1000 - Section 19 Block 1 Lot 7,5 Is returned herewith and disapproved on the following grounds: The proposed subdivision of this varccl Jnthe R200 Zone is not oermitted vursuant to ARicle Section 280-14. the Bulk Schedule: Pamel 1 is required to have 200,000 sq. f. per use, however the plan indicates two uses with a lot size of less than 400,000 sq. ft.. In addition, the required side yard setback is 30 feet. The site plan indicates a 10' setback. Also, the required lot coverage is 5%. The proposed lot coverage is 7.86%. Parcel 2 is required to have a lot area of 200,000 sq. ft., however the plan proposes an area of 122,170 sq. fl. In addition, the required lot width is 270', while the proposed width is 174.54'. Also, per 240 of the Town Code, Planning Board approval is required. Authorized Signature CC: file. ZBA Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. Fee: $ Filed By: Assignment N~. ~' RECEIVED ~ AUGS12010 , , BOARD O1~ APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. 31900 Street Main Road ]Hamlet Orient SCTM 1000 Section zx~c Block 1 Lot(s) 7.5 Lot Size 10 acre~ Zone -_R:20~_ I ('WE) APPEAL 1 H~. W'RITYEN DETERAILNATION OF II-IE BUIlJ}ING INSPECTOR DATED 7-29-2010 BASED ON SURVEY/SIlL PLANDATED 7-13-2010 Applicant(O/Owner(s):. Edward W. Latham bin!ling .Address: 31900 Main Road Orient, NY 11957 Telephone: Fax: Email: NOTE: In odditiou to the above, phase complete below ff applicltlon is ~igned by applicant's attorney, agent, architect, builder, contract x~endee, err. and name of person who agent represents: Name of Representative: I~C ?1ann!n§ Services, Inc. for~)wne~-~0ther: Address: 1NR Mill Rn~cl Telephone: 631-998-3919 Fax: 631-98-3921 Email: Anthony-KPC~,optonlinc.nct Please check to speci~. , #'ho to, n~sh cmr~spondence to be mailed to, fionJ the above names: [~Applicani/Ow~er(~), [~-'~An~horizt~! R~presentafive, [--] O~her Nan.! Add~,ss below: V,~EREBY ! HE BUII,~ING EN'SPECTOR RE3;'IEWED SL~%~Y/SII'E P~N DASD 7-13-2010 andD~N~D~N~PLICA~ONDA~ 7-29-2010 B~ng Pe~t Ce~cate of~cupan~' ( ) ~Ce~ficate of~cupancy Ch~ge of U~ Pe~t for As-Butt ConsWucfion' Other: subdi~sion FOR: l~-ox~on of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsectlou of Zoniag Ordinance 1~- numbers. Do not quote the code.) Article: Section: Sub section: Type of Appeal An .~qapeal is made for: ~-]A Va~ance to the Zoning Code or Zoning Map. ~A Variance due to lack of access required by New York Town Law- Section [-~Interpretation of the Town Code, .A~icle Section [~Reversal or Other A prior appeal[~] has, ~ has not been made at any time with respect to this propez~', UNDER :Appeal No(s). Year(s). . (P/~o be~r~ to re~oarch b~for~ complsting thi~ q~on or call our office.for as$~$tancO Name off~ner: REASONS H)R APPEAL Nddifiona! sheet.~ may be used with pre~rer '~ s(gnutttre): .4Rk4 E,~RI 4,YCI~ RE4S0:¥5: ~.. ~ECE[VED '~ BOARD OF APPEALS (1) An undesirable chauge will nat be pr~luced in the CllARACI'ER of the neighborhood or a detriment ~ nearby properties if granted, because: ~e proposed subdivision will result in only 1 additional residential lot to be located on a propeRy of over 7 a~es ofl~d. PLEASE SEE ATTACHED PROJECT NA~TIVE FOR ~DITIONAL INFO~ATION (2) The benefit soaghl by tbe applkant (ANNOF be achieved b)' ~me method feasible for the annlicant t09~s,~ other t~ ~u ~ea Yariauce, ~: .......... Un6~ cu~enrLomng ~a ~uom~szon re~tanons, the propos~ suom~ston o~thzs prop~y into two residential lots requires the r~uested v~ces for the reasons stated in the Notice of Disapproval issued by the Building Dep~t. PLEASE SEE ATTACHED PROJECT NA~TIVE FOR ADDITION~ INFO~TION {3) The amoum 0f relief r~ue~ is not ~u~taatial b~auae~ T~ng into account ~e dimensional ch~actedstics of the s~ounding resid~tial lots and the ~ount of l~d that has been p~ently pressed ~d ~us protected ~om ~mre residential developm~t, the request~ v~ces ~e not subst~tial. PLEASE SEE ATTACHED PROJECT NA~TIVE FOR ADDITIONAL INFO~ATION ~4) I he vamnce ~]lt NO I have an adver~ e~ed or mpacl on tbe physical ~ r env~ronmenlal condltmna in the neigh~rho0d 0r di~tric~ ~ca,~: ~e applic~t already prese~ed approximately 114 a~es of f~l~d ~d ~ additional 122 acres of wetl~ds/opens space. ~erefore, the proposed subdivision, which will result in only one addition~ residenti~ lot, will not have ~y impacts on the physical or enviro~ental conditions in ~e nei~borhood. PLEASE SEE ATTACHED PRO, CT {5) Ilas thc allegal difficuID heeo sHf~reatcd? ~Yes. or ~)No. N~T~ FOR ~DITION~ ~FO~TION Are the~ Coven;tats ftc Restrict oas concern ng th s land: ~No. ~Yes (i,le,~¥ ti,r,i~h CalWt, This is the MINiM[IM thai is necessar) and adequate, and at the same lime preserve and protect the character of tire neighborhood and the health, safer), and welfar~ or the ¢ommuait?. Check thi~ box ![-]~ IF ~t I:SE YARL4NtT IS IIEI.~G IiI:'QUESTED, AND PLI~SLqE C(~PLETE IlIE A I'T.,CTIEDUSEK.,RL.,N( 7:'SIIEE T:(l'lease S~ra lO ~'or¢ lac this ~0~ day of ~, J~N S. SCHWEIBISH Nota~ Public, S~te of New Yo~ No. 01SC5074710 Qualified in Suffolk Coun~ Commission Exp[re~ March 17, Pro'perry of Edward W. Latham Orient, New York 1000-19-1-7.5 Proiect Description The subject property is 10 acres (435,600 square feet), is zoned CR-200 and is located on the south side of Main Road, west of Bight Road in Orient· The subject property is the remaining developable parcel of land from a previous development rights sale over 25 year ago involving approximately 114 acres of farmland, and approximately 122 acres of additional wetlands/opens space. The property is currently improved with a single-family residence and a number of agricultural buildings, including barns and greenhouses, all used in connection with the active agricultural use of the site. For the purposes of estate planning, this proposal is to subdivide the 10-acre site into two lots, where Lot 1 is 313,430 square feet (241,790 square feet of upland) and contains the existing farm structures, and Lot 2 is 122,170 square feet and contains the existing single family residence. Pursuant to the Notice of Disapproval issued by the Building Department on July 29, 2010, the variances that are being requested are as follows: Lot area variance of 86,570 square feet for proposed Lot 1. Lot 1 is required to have 400,000 square feet, where the lot area is only 313,430 square feet (200,000 square feet per use). In this case there is an existing agricultural use and a proposed residential use, and therefore the two uses requires 400,000 square feet, resulting in a lot area deficiency of 86,570 square feet. 2. Side yard setback variance of 20' for an existing garage on proposed Lot 1. The required side yard setback is 30', where 10' is provided. Lot coverage variance of 2.86% for proposed Lot 1. The lot coverage for proposed Lot 1 is 7.68%, where 5% is the maximum required under the Zoning Code. Lot area variance of 77,830 square feet for proposed Lot 2. The minimum lot area is 200,000 square feet, where proposed Lot 2 has a lot area of 122,170 square feet. 5. Lot width variance of 95.46' for proposed Lot 2. The minimum lot width requirement is 270 feet, where proposed lot 2 has a lot width of 174.54' The following information addresses the five (5) criteria the ZBA must consider when making a determination to grant the requested area variances. 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: The granting of the variances will not result in an undesirable change to the character of the n. eighb~..rho.od o.r a detriment to nearby properties. The 10 acre site that is the s~]~.~. · IV)-D of this apphcatlon ~s already improved with existing residential and agricultural stru6Rtr~' 108 Mill Road, Westhampton Beach, NY 11978 /~U~ ~) ] 20](] W: 631-998-3919 F: 631-998-3921 E: kpcplanning@optonline.net BOARD OF APPEALS Pr~erty of Edward W. Latham Orient, New York 1000-19-1-7.5 that have been part of the community for many years - some more than 100 years - and, more importantly, are critical components of Mr. Latham's farm operations. Further, the rural character of the community has been largely defined by the land that Mr. Latham already preserved, including the approximately 114 acres of farmland and 122 acres of wetlands/open space. The main objective of the applicant is estate planning, which is typical of many farmers throughout the Town. Estate planning is essential in ensuring the long term sustainability of the agricultural industry, which is at the very core of Southold's efforts to preserve the rural qualities that define the communities throughout the Town. The ability to construct an additional residence on proposed Lot 2 will have no impact on the character of the community. The site is already developed with existing farm structures, which are not visible from the road and will not be as a result of granting the requested variances. Further, the potential residence will have large interior setbacks and therefore would not impact adjacent properties, which in this ease is an existing residence already owned by Mr. Latham. In addition, the character of community as it pertains to the existing residential development on both the north and south sides of Main Road is defined by lots that are substantially smaller than the lots being created as part of this subdivision. To the west of the subject site, there are a number of residential properties with lot areas significantly smaller than the two lots being crated as part of this subdivision. The same holds tree as it relates to the lots on the north side of the highway, where there is a subdivision of small lots between 1 and 2 acres in size on average. Whether the benefit sought by the applicant can be achieved by some other method, feasible for the applicant to pursue, other than an area variance: In order to subdivide the property as proposed and obtain the right to develop a residence on proposed Lot 1, the variances as outlined above are needed. Whether the requested variance is substantial: The character of community as it pertains to the existing residential development on both the north and south sides of Main Road is defined by lots that are substantially smaller than the lots being created as part of this subdivision. To the west of the subject site, there are a number of residential properties with lot areas significantly smaller than the two lots being created as part of this subdivision. The same holds true as it relates to the lots on the north side of the highway, where there is a subdivision consisting of many small lots with lot areas ranging in size between 1 and 2 acres, with structural setbacks reflecting these lot sizes. Therefore, when taking into account the existing dimensional characteristics of the neighboring lots, the proposed setbacks and lot sizes are consistent with many of the residences within the surrounding neighborhood and in that context, the variances requested are not substantial. RECEIVED 1 Z01'O 108 Mill Road, Westhampton Beach, NY 11978 W: 631-998-3919 F: 631-998-3921 E: kpcplanning@optonline.~)ARD OF APPEALS ~petay of Edward W. Latham Orient, New York 1000-19-1-7.5 In addition, the requested variances are not substantial when taking into consideration the nature of the surrounding land uses and the restrictions associated with them. As previously stated, the subject property is adjacent to preserved farmland with no potential for furore residential development. In this case, the total acreage of the site prior to the development rights sale was approximately 246 acres, of which approximately 122 acres is wetlands, leaving 124 acres of buildable land that could have been used to calculate the yield and preservation requirements under the Town's subdivision regulations. Under the 75/75 conservation subdivision requirements, the total yield would be 6 lots and the minimum amount of buildable land to be preserved is 93 acres, representing the required 75% reduction in permissible yield and the preservation of 75% of buildable lands. Under the 80/60 conservation subdivision requirements, the total yield would be 10 lots and the minimum amount of buildable land to be preserved is 99 acres, representing the required 60% reduction in permissible yield and the preservation of 80% of buildable lands. Therefore, with 114 acres of buildable land already preserved and only two lots proposed, one of which is already improved with a single family residence, this proposal would have met the criteria to be classified as a conservation subdivision under either scenario. More importantly, under a standard subdivision, the yield would have been approximately 21 lots, with only 74 acres of land preserved. This would have resulted in lots that are smaller than the required 200,000 square feet (and associated dimensional requirements) given that said lots would have been required to be clustered. In such instance, there would have been automatic relief granted for those building lots in order to accommodate the smaller lot sizes in exchange for the preserved land. Whether the proposed variance will have an adverse impact on the physical or environmental conditions in the neighborhood or district: The proposed action is classified as a Type II Action pursuant to SEQRA and therefore no further environmental review is required. Given that the property is already developed, no additional site clearing would be needed to accommodate a potential new residence on proposed Lot 1. In addition, and most important, the subject 10 acre site is the remaining developable parcel of land from a previous development rights sale involving approximately 114 acres of farmland, and approximately 122 acres of additional wetlands/opens space. The resulting elimination of potential residential density is an important consideration with this application. Whether the alleged difficulty was self-created, which consideration shaH be relevant to the decision of the Board of Appeals, but shall not preclude the granting of the area variance: The subdivision with the ability to construct a residence on Lot 1 is proposed by the applicant. However, the property has been subject to the Town's up-zoning throughout the years, as well as the amended subdivision regulations that went into effect in 2004. Said regulations have made it difficult for the property owner to conduct effective estate planning that complies with all of the zoning and subdivision regulations, despite N~CEIVED Latham's longstanding commitment to farmland preservation. Therefore, the difficulty AU~ 2 1 2010 108 Mill Road, Westhampton Beach, NY 11978 W: 631-998-3919 F: 631-998-3921 E: kpcplanning@optonline.net BOARD OF APPEALS P~erty of Edward W. Latham Orient, New York 1000-19-1-7.5 here is not a result of the property owner's dismissal of the Town's zoning regulations, but rather is the product of zoning regulations that have changed over time. For example, the Town eliminated the "set-off' provision of the Town Code, which was specifically designed to provide farmers a simplified way to subdivide their properties for the purposes of separating existing residences from the rest of the farmland. This option was often used by farmers as part of their estate planning but is no longer an option since all subdivisions are now classified as Conservation or Standard, neither of which accommodates farmers needs. "The creation of a board of appeals, with discretionary powers to meet specific cases of hardship or specific instances of improper classification, is not to destroy zoning as a policy, but to save it. The property of citizens cannot and ought not to be placed within a strait-jacket. Not only may there be grievous injury caused by the immediate act of zoning, but time itself works changes which require adjustment. What might be reasonable today might not be reasonable tomorrow" (People v. Kerner, 125 Misc. 526). RECEIVED /~UG 8 1 2010 BOARD OF APPEALS 108 Mill Road, Westhampton Beach, NY 11978 W: 631-998-3919 F: 631-998-3921 E: kpcplanning~ioptonline.net 4 TOWN OF SOUT/rlOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork, net/Soufl~old/ Exmuined ,20__ Approved ., 20.__ Disapproved ale PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the followh~g, before applying? Board of Health 4 sets of Building Plans planning Board approval Survey. Check Septic Form N.Y.S.D.E.C. Trustees Contact: Mailto: Deborah Dot,/, Esq. P0B 1181, Cutchogue 11935 Phone: 631-734-66/.8 Expkation ,20__ Building Inspector CATION FOR BUILDING PERMIT a. is a~hcatiou ~letely~ filled fl] by typewriter or m i~k mid submitted to the Building Inspector with 3 accui~l~,.l~...[c~,al~e. Fee accqrda, g to schedule. sets ofplmb. >t plan sh~~ bnildh~gs on premises, relationship to adjoh~h~g prenfises or public s~eets or areas, and wl c. The work covered by tiffs application may not be commenced before issumme of Buildh~g Permit d. Upon approval of fids application, d~e Buildh~g h~spector will issne a Bnildh~g Pemfit to the applicant Such a permit shall be kept on fl~e premises available for ~spection ~ou~mut fl~e work. e. No building shall be occupied or used ~ whole or fi~ pa~ for mW pt~ose what so ever until the Build~g Inspector issues a Cer~fficate of Occupmmy. f. Eve~ b~ldfl~g permit shall expire ffd~e work auflmd~d has not conunenced wiflfin 12 monflm after the date of issuance or has not been completed wifl~ 18 monfl~s from such date. ~no zoning mnendments or oflmr re~lations ~ectmg ~e property have been enacted ~ the mter~n, tim Buil~g Inspector may autho~Sze, m ~i~g, fl~e extension office permit for an addition six monfl~s. ~ere~ter, a new permit shall be requked. ~PLICATION IS HE,BY M~E to fl~e B~Idmg DepOnent for fl~e issuance of a Buil~g Permit pursuant to Boilding Zone Or~mnce of the To~ of Soufl~old, S~o~ Co~, New York, ~d other applicable Laws, Or~mnces or Regnlatious, for the cons~c~on of baildmgs, ad~ons, or alte~fions or for removal or demolition as hereh~ described. applicant ag~es to comply wifl~ all applicable laws, or~mmes, buildh~g code, housh~g code, and re~lations, and to a&nit auflmrized mspecto~ on premises m~d in bnild~g for necess~ h~specfions. (Simmmre o~ap~h~ coqmration) Deborah 3oty as arty for omar P0 Box 1181, Cutchogue, ~ 11935 (Mail~g address of applicant) State whether applicant is owner, lessee, ageut, architect, engineer, general contractor, electrician, plumber or builder attorney Name of owner of premises Edward W. Latham (As on the tax roll or latest deed) If applic~t is a corporation, signature of duly authorized officer CName and title of corporate officer) Bndders License No. Plumbers License No. Electricim~s License No. Other Trade's License No. 1. Location of land on which proposed work will be done: 31900 Ma±n Road Orient House Ntm~ber Street Hamlet Cotmty Tax Map No. 1000 Section Subdivision ¢4ame) 19 Block 1 Filed Map No. Lot 7.5 ,pauo~ ~. £~t~0~8,~iO10 .oll,I State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. E i¢ing occupancy single family dwellin~s b. Intended use and occupancy_ same on two lots. 3. Nature of work (check which applicable): New Building Repair_ __ Removal Demolition 4. Estimated Cost 5. if dwelling, number of dwelling units If garage, number of cars Addition Other Work Alteration (Description) Height 9. Sizeoflot: Front_ Fee (To be paid on filing this application) Nmnber of dwelling units on each floor If business, Dimensions of existing structures, if any: Front. Rear Number of Stodes. Height. Dimensions of same structure with alterations or additions: Front Depth_ Height_ Dimensions of entire new construction: Front commercial or mixed occupancy, specify nature and extent of each lype of use. .Depth Rear Numbe~of:StorLe~ Depth ~ """ ,' _~'7':~/[ i ,~ R-200 - _ Number of Stories forever 10. Date of Purchase .Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES x 13 Will lot be re-graded? YES__ No___Will excess fill be removed from premises? YES 14. Names of Owner of premises. Name of Architect NO_ variance needed Address Phone No. Address. Phone No_ Address Phone No. NO Name of Contractor Expeditor - KPC Planning, Anthony Trezza 998-3920 15 a. Is this property witlma 100 feet of a tidal wetland or a freshwater wetland? *YES NO _-- * IF YES, sOUTHOLD TOWN TRUSTEES & D.E.C. pERMITS MAY BE REQUIRED. b. Is tins properly within 300 feet of a tidal wetland? * YES__ NO * IF YES, DEC PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, mt[st provide topographical data on survey. STATE OF NEW YORK) SS: cOUNTY.OF_ Su f_f o11~ Deborah Dot_y being duly sworn, deposes mad says that (s)he is rite applicant (Nmnc of ~ndivid~nal signing contract) above atoned, (S)He is fire at_torReg (Contractor, Agent, Coq>orate Officer, etc.) ~orized to oerfonn or have perforated fl~e said work and to make mtd file this application; et smd owner or owners~ m~d.zs d~ly aut! i,,, a " e to thc best of his lmowledge mzd belief; and tlmt the work will be that all statements contamed m thts apphcat ..... re tru perforated in flze maaner set forth m flze application filed fl~erewith. Sworn to before me this ~IDY I~ OI~E~ lqo. 010K4900952 - ~ ~ APPLICANT 'S(For PROJECTzBA Reference)DESCRIPTION Applicant: Edward W. Latham I. For Demolition of Existing Building Areas Please describe areas being removed: Date Prepared: August 5~ 2010 RECEIVED BOARD OF APPEALS II. New Construction Areas (Ness' Dwelling or New Additions/Extensions): Dimensions of fa'st floor extension: 2,000 square feet potential; no new construction proposed Dimensions of new second floor: 2~000 square feet potential; no new construction proposed Dimensions of floor above second level: n/a Hei~xt (from finished tn'onud to top of ridge): Wa Is basement or lowest floor area being constructed? If yes, please provide height (above ~ound) measm'ed from natural existing Fade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet ifaecessa~,) - Please describe building ca'cas: Number of Floors and General Chm'acteristics BEFORE Alterafiom: Application is only to subdivide. No new construction proposed; future potential for new residence Number of Floors and Changes WITH Alterations: N/A IV. Calculations of building areas and lot coverage (from sum'eyor): Existing square footage of buildings on your properly: Lot 1: 7.78%; Lot 2: 2.61% Proposed increase of building coverage: Lot 1: 0.08% increase to 7.86% Square footage of your lot: Lit 1:313,430 square feet; Lot 2:122.170 sa_uare feet Percentage of coverage of your lot by building area: V. Purpose of New Construction: Potential furore residence VI. Please describe the laud contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and hon' it relates to.the ~iffieulW in m~eting th.e?ode r_equi)'em, ent(O: . Flat to gently rotting tol~ograpny; s~gnincant tarmmna, w~th some wetlanos. The requested variance xs due to a lack at lot area reqmreO ~n the R-200 Zomng Dmtnct. The area of the wetlands gets excluded from the lot area requirements for the purposes of establishing yield for the subject property. Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction}, and photos of building area to be altered with yard view. N/A Requested variances are for the purposes to subdivide the property into 7./2002; 2/2005; 1/2007 two (2) residential lots. No new construction proposed at this time. Potential new residence on Lot 1 will comply with applicable setback. requirements. Coverage variance being sought for a residence with a maximum footprint of 2,000 square feet. the suhi~ premises listed on the real estate market for sale? Yes ]X]No B. Are there va~.' proposals to change or alter land contours7 ~No [-~Yes, please explain on attached sheet. C. I) Axe the~e areas that cornam sand or xx~etlar~ grasses7 yes 2) Are these areas ~ay~m on the map submit*ed with ~ application? yes 3) ts the propen3' ~d beva,een the wetlancts area and the upland building area? No. 4) If yotlx properi~' contam$ ~lands or pond areas, ?ave you contacted the office of the Town Trustees for its determination o£junsdiction? No. Please confirm status of ymax mquixy or application with the Trustees: and if issued, please attach copies ofpenmt with conditions and approx~d map. Is there a depression or sloping elevamm near fhe area of proposed construction at or below five feet above mean sea level? No. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submittm~g? NO. (Please show area of these structures on a diagram if any exist_ Or state ;;none" on the above line, if applicable.) Do yotl have any constnu:tion t~king place at this time concerning your pren~ises? No, If yes, please submit a copy of your building perrmt and map as approved by the Building Do you or any co-owner also own other La"nd close to tins parcel? Ye~ the proxirmty of yoor lands on yo~ ma~ with this application_ If yes, please label H Please list pres~mt use or operations conducted at this parcel Residential/agricultural and proposed use Residential/agricultural exl~~i¥; lXOtmsed: same with garage or pool or o~ description.) AnthorizeffSignatore and l~te 2/05; I,'07 RECEIVED AUG S 12OlO BOARD OF APPEALS AGRICULTL~L DATA STATEMENT ZONING BOARD OF APPEALS TOV~N OF SOUTHOLD WHEN TO USE THIS FOR,SI: The form must be completed bt' the applicant for arty special use permit, site plan approval, use variance, or subdivision approval on properO, wlthln an agricultural district OR within 500 feet of a farm operation located in agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk CounO, Department of Plannlng in accordance with Sections 239- tn and 239-n of the General :siunieipal Law. 1) Name of Applicant: Edward W. Latham c/o KPC Planning Services, Inc 2) Address of Applicant: 108 Mill Road, w esthampton l~each, N ¥ l 1 ~/1~ 3) Name of Land Owner (if other than applicant): Edward W. Latham 4) Address of Land Owner: 31900 Main Road, Orient 5) Description of Proposed Project: Proposal is to subdivide the subject property into two lots where Lot 1 is 313,430 square feet and Lot 2 is 122,170 square feet. 6) Location of Property (road and tax map numbe0: 31900 Main Road: Orient; 1000-19-1-7.5 7) Is the pamel wiflfin an a_m'iculmral district? []No l~]Yes If yes, Agricultural District Nnmber 1 8) Is this p~cel actively farmed? [-1No [~lYesproperty used in connection with preserved farmland 9) Name and address of any owner(s) of land within the a~icultural dist~Sct contahfmg active farm operation(s) located 500 feet of the bmmdary of the proposed project. (Information amy be available through the Town A~sessors Office, Town Hall location (765-1937) or from any pubhc computer at the Town Hall locations by viewing the pamel nmnber* on the Town of Southold Real Property Tax System. Name and Address V (Please use back side of page if more than six property oxwie~5 are identified.) The lot ambers may be obtained, in advaace, when requested from either the Office of the Plamaing Bom'd at 765~1938~nhag Board of Appeals at 765-1809. ~ Signatm'e o(Applicanl/// Date 1. The local board vail solimt comments from the owno~ of land identified above in order to consider the effect of the proposed action on theur fm'm operation. Sohcitation will be made by supplying a copy of this statemmt. 2. Comments returned to the local board Will be taken into con~ider~on as par~ of the ovenll review of this apphcation. 3. Cop~es of the completed Agncultoxal Data Stamneat shall be sent by apphcant an&'ox the clerk of the board to the propexty owners idemified above. The cost fox mailing shall be paid by the applicant at the lime the application is sulmUttegl fox. ~eglew. Faqoxe to pay at such time means the apphcation is not complete and cannot be acted upon by the board. RF:CEIV[z AUG 3 12010 BOARD OF APPEALS APPLICANq' TtL~.NSACIIONAL DISCLOSURE FOP, M (FOR SUBMISSION BY OWNER and OWNER'S AGENT) Ihe Town of Southold's Code of Ethics prohibits colfflicts of interest on rile part of To'am officers and employees. The purpose of this form is to provide infommtion, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: Trezza, Anthony P. (KPC Planning Services, Inc.) (Last ~mme, first name. middle initial xmless yon are applying h~ the n~ame of someone else or other entity~ snch as a compm~y. If so, indicate the other person or company t~ne.) Tax Grievance Variance Special Exception If "Other", name the activity: NATLrRE OF APPLICATION: (Check all fl~at apply.) Ix t Change of Zone I I Approval of Plat I X I Exemption fi'om Plat or Official Map I I Do you personally, (or thi'ough yom' company, spmlse, sibhilg, parent, or child) have a relationship with rely officer or employee of the Town of Southold? "Relationship" inclndes by blood, nmmage, or business interest. "Bttsiness interest" means a business~ including a partnership, in which file Town officer or emphiyee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more Ihan 5% of the shares. NOI X I Complete the balance of this from and date and si~m~ below where h~dicated. Name of person employed by file Town of Southold: Title or position of that person: Describe that relatiouship betweeu yourself (the applicant) and the Town officer or employee. Either check the appropriate lioe A tln'ough D (below) and/or describe the relationslfip in tile space provided. The Town officer or employee m' his or her spouse, sibling, parent, or child is (check all tlmt apply): ~ A) the owner of ga'eater than 5% of the shares of the corporate stock of~he applicant (when the applicant is a corporatiou): ~ B) the legal or beneficial ovmer of any interesl ill a non-corporate entity (when the applicant is not a corporation); [ ] C) an officer, director, pamper, or employee of the applicant: or I I D) the acttml applicant. DESCRIPTION OF RELATIONSHIP RECEIVED AU~ ~ 1 20~0 BOARD OF APPEALS Submitted this ~ O day of /"7*~d,J-~"- ~ -- I~t Name: ~ ~'~'~--- JEAN S. SCHWEIBISH Notary Public, State of New York No 01SC5074710 Qualified in Suffolk County Commission Expires March 17, 20_~ APPLICANT SACTIONA~L DISCLOSURJ~ FORM (FOR SUBMdSStON BY OWNER and OVeNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town office~ ~ and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOLrR NA/ViE: EDWARD W. LATHAM (Last name, first name, nfiddle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURJE OF -APPLICATION: (Check all that apply.) Tax C. rdevance Variance X Special Exception Other Activity: Change of Zone Approval of Plat Exeraption fi.om Plat or Official Map Other m~bdivision anolication Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock RECEIVED of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity' A~JG 3 1 2010 (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or BOARD OF APPEALS D) the actual applicant. Subm/ttedthis 24th dayof_ August, 2010 Signature: PrintName: Edward W. Latham APPLICANT SACTIONAL DISCLOSURE FORM (FOR SLrBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town office~,, and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Deborah Doty as attorney for Edward W. Latham (Last name, first name, middle in/rial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance Special Exception Other Activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other subdivision application Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationsh/p with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO x Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP RECEIVED BOARD OF APPEALS Submitted this 24thdayof August, 2010 Signamr~ i~ ~p.~. ~_ ~-~ PrintName: Deborah Dory as attorney for Edward W. Latham LXVRP CONSISTENCY ASSESSMENq~ FORM A. EN'STRUCTIONS All applicants for pemfits* including Tovm of Southold age~mies, shall complete this CCAF for proposed actions that are subject to the Town of Sonthold Waterfront Consistency Review Law. Tiffs assessment is intended to strpplement other i~ffommtion used by a Town of Soutbeld agency in making a determination of consistency. *E~:cept minor exempt actions including Bttilding Permits and other ministerial pennits not located with#t the Coastal Erosion Hazcwd Area. Before answem~g the qnesfions in Sectiou C, file preparer of this fom~ should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization ProgranL A proposed action will be evaluated as to its significant beneficial and adveme effects upon the coastal area (which includes all of Southold Town). If any question m Section c on this form is answered "yes", then the proposed action may affect the adfievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maxinmm extent practicable with the LWRP policy standards and conditions. If an action cannot be cc.'tiffed as consistent wifl~ the LWRP policy standards and conditions, it shall not be tmdet~aken. A copy of the LWRP is available in the following places: online at the Town of Southold's we si e ( outhol own.no ork.neO, the of T ees Office, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION AUG 8 12010 SCTM# 19 1 _ 7.5 BOARD OF APPEALS The Application has been submitted to (check appropriate response): Zoning Board of Appeals Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees [] Category of Town of Southold agency action (check appropriate response): (a) Action nndertaken directly by Tm~m agency (e.g. capital ~-] consm~ction, planning acti~Aty, agency regtflation, land ~ransaction) ~-~ (b) Financial assistance (e.g. grant, loan, subsidy) (c) Pemht, approval, license, certification: Nalx~e and extent of action: Proposal is to subdivide the subject property into two (2) residential lots where Lot 1 is 313,430 square feet and Lot 2 is 122,170 square feet. Location of actim~: 31900 Main Road, Orient Site acreage:_ 10 acres Present landuse: Residential and agricultural Present zoning classification: R-200 If m~ application for the proposed action has been filed with fl~e Tovm of Southold agency, the following info,nation shall be provided: (a) Name of applicant: Edward W. Latham c/o KPC Planning Services, Inc. Co) Mailing address: 108 Mill Road, Westhampton Beach, NY 11978 (c) Telephone manber: Area Code (). 631-998-3919 (d) Application nmnber, if any:. Will the action be directly tmdertaken, req~m'e fimclh~g, or approval by a state or federal agency? Yes [] No ~-] If yes, which state or federal agency?_ DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section IH - Policies; Page 2 for evaluation criteria. [~Yes [] No [] (Not Applicable- please explain) The gll~eCt property is the remaining developable pnrIinn nf land fi.nm a previous development ~ghtg gal~ invnlving apprn~imat~ly 11R aer~g nf la--land and th~ pre~atinn nf 199 aer~ nf Policy 2. Protect and presers'e historic m~d archaeological resources of the Town of Sonthold. See LVs~RP Section HI - Policies Pages 3 through 6 for evaluation criteria ~ Yes [] No [] (Not Applicable - please explain) All of the land surrounding the su~ect I O-acre site has already been permanently preserved and therefore the hi~tnrlc resources (i e active farmland) are already protected The resnlting subdi:Ssion wi!! ecc,~ ena pe~ien of !~,,.d t_h_at is ~!re~dy deve!eped. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resonrces throughout the To~t of Sonthold. See L~rRP Section III - Policies Pages 6 through 7 for evaluation criteria [] Yes [] (Xot Applicable- please explain) All of the land surrounding the subject 10-acre site has already been permanently pre.gna'veal Viewg intn the prnperty are limited and therefnre the regnurceg are legg geenie~ and arm mare valllnhle fi.nm nn n~ovlrmlh]rnl, wetlandg and npen~ qpne~ ?vr?eetive. all nF whi_ch h~_ve been preser~..,ed. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Mininfize loss of life, structures, ami natural resonrces from flooding anti erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ~ Yes ~ No [] (Not Applicable - please explain) The resulting subdivision is occurring on land that is already disturbed and improved with a single-family residence and a number of farm structures. Attach additional shee~s if necessary Policy 5. Protect and hnprove water q~mllty and supply in tlie Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evahmtion criteria [] Yes V-~ No [] (Not Applicable- please explain) All of the land surrounding the subject 10-acre site has already been permanently preserved. Accordingly, potential residential density had already been nearly entirely eliminated, which could have been significant when considering the approximately 114 ocreg of farmland that was preserved: in addition to approximately 122 acres of wetlandg/open ?ace that wag algo pregerved Attach additional sheets ifnecessmT Policy 6. Protect and restore the quality and fimction of the Tox~a~ of Southold ecosystems iuclnding Significant Coastal Fish and Wildlife Habitats and wetiamts. See LB~RP Section IH - Policies; Pages 22 through 32 for evaluation criteria. [] Yes ~ No ~-~ (Not Applicable - please explain) Again, t',tking into considering the approximately 122 acres of wetlands/open spac~ thai was already preserved, the Town's sensitive ecosystems have already been significantly been protected as it relates to the subject property. Attach additional sheets if necessary Policy 7. Protect and improve air quafity h~ the Town of Southold. See LVgRP Section IH - Policies Pages 32 through 34 for evaluation criteria. See Section HI - Policies Pages; 34 through 38 for evaluation criteria. Yes ~ No [] (Not Applicable - please explain) The subject 10-acre site is already improved with a residence and a number of agricultural structures. This proposal is merely to subdivide the remaining 10 acres of developable land left over from over from a previous development rights sale, into two (2) residential lots that would potentially result in only one additional residence. Attach additional sheets if necessary- Policy 8. Mh~hnize euvironmeutal degradation h~ Towu of Southold from solid waste and hazardous substauces and wastes. See LSVRP Section Ill - Policies; Pages 34 through 38 for evaluation criteria. [] Yes ~ No [] (Not Al, plicable - please explain). The subject site is already improved with a residence and a number of farm structures. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Toga~ of Southold. See L;VRP Section IH - Policies; Pages 38 through 46 for evaluation criteria. Ye~ No ~-~ (Not Applicable - please explain) The subject 10 acres site does not directly abut the waterfront and therefore does not provtcte cl~rect access to same. At~ach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent rises and promote siting of new water-dependent rises ia sldtable locations. See LWRP Section HI - Policies; Pages 47 through 56 for evaluation criteria. ~ Yes [] No [] (Not Applicable - please explain) The subject property and the surrounding land are designed for agricultural purposes, not water dependent uses. Attach additional sheets if necessa~3, Policy 11. Promote s~stahiable use of living marine resources in Long Island Solmd, the Peeo~fic Estua~' mid Town waters. See L~VRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~ Yes ~ No [] Not Applicable - please explain Again, the subject site is already improved. Approximately 122 acres of wetlands and open space have already been preserved. Allach additional sheets if necessal3~ Policy 12. Protect agricnltnral lm~ds in the Tovni of Sonthold. See L~,YRP Section IH - Policies; Pages 62 through 65 for evaluation criteria. ~ Yes [~ No [] Not Applicable - please explain Approximately 114 acres of furinland have already been preserved. The remaining property contains all of the agricultural structures used in connection with farmland that has been preserved and remains in cultivation. The resulting subdivision is part of estate planning, which is fundamental in ensuring the sustainability of agriculture in the Town. Attach additioaal sheets if necessary Policy 13. Prolnote appropriate use and develop:nent of energy and mineral resonrces. See L'*VRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ~ Yes ~ No [] 5'or Applicable - please explain The subiect 10 acre site is already improved. The resulting subdivision is not intended to utilize mineral resources, nor will it result in an increase in energy use. PLANNING SERVICES, INC. '108 Mill Road, WHB, NY 1'1978; POi3 467, Rerr~ser~burgL NY 11960 W: 631-998-3919 F: 63%998-392I C:63%$65-1170 E: kyiec@optonli~le net ~'~'~"~ ~°-:B_PLATHAMSUB ~-%r 1" = 400' 3/10 o,aw. dy: Kyle Collins, A~CP I OF 1 Edward Latham Zoning Board of Appeals Application 31900 Main Road Orient, NY 11960 100-19-1-7.5 PLANNING SERVICES, INC. August 30, 2010 Leslie Kanes Weisman, Chairperson Southold Town Zoning Board of Appeals Southold Town Hall Annex Building 54375 Route 25 P.O. Box 1179 Southold NY 11971 L~ AUG312010 BOARD OF APPEALS Property of Edward W. Latham 31900 Main Road, Orient SCTM#- 1000-19-1-7.5 Dear Ms. Weisman: Please find enclosed the following materials necessary to submit an application for the above referenced project: 1. Application Fee - $600; 2. Nine (9) sets of application materials, which includes the following: a. Current Notice of Disapproval dated July 29, 2010 b. Application Form c. Survey prepared by John C. Ehlers, L.S. dated last revised July 13, 2010 d. Project Description e. Questionnaire Form f. Aerial Photograph g. Agricultural Data Statement h. Transactional Disclosure Form i. Town Property Cards j. LWRP Form k. KPC Planning Services, Inc. Authorization Form The subject property is 10 acres (435,600 square feet), is zoned CR-200 and is located on the south side of Main Road, west of Bight Road in Orient. The subject property is the remaining developable parcel of land from a previous development rights sale that occurred over 25 years ago involving approximately 114 acres of farmland, and approximately 122 acres of additional wetlands/opens space. The property is currently improved with a single-family residence and a number of agricultural buildings, including barns and greenhouses, all used in connection with the active agricultural use of the site. For the purposes of estate planning, this proposal is to subdivide the 10-acre site into two lots, where Lot 1 is 313,430 square feet (241,790 square feet of upland) and contains the existing farm structures, and Lot 2 is 122,170 square feet and contains the existing single family residence. 108 Mill Road, Westhampton Beach, NY 11978 W:631-998-3919 F:631-998-3921 C:631-365-1170 E:kylec@optonline.net Pursuant to the Notice of Disapproval issued by the Building Department on July 29, 2010, the variances that are being requested are as follows: Lot area variance of 86,570 square feet for proposed Lot 1. Lot 1 is required to have 400,000 square feet, where the lot area is only 313,430 square feet (200,000 square feet per use). In this case there is an existing agricultural use and a proposed residential use, and therefore the two uses requires 400,000 square feet, resulting in a lot area deficiency of 86,570 square feet. 2. Side yard setback variance of 20' for an existing garage on proposed Lot 1. The required side yard setback is 30', where 10' is provided. 3. Lot coverage variance of 2.86% for proposed Lot 1. The lot coverage for proposed Lot 1 is 7.68%, where 5% is the maximum required under the Zoning Code. 4. Lot area variance of 77,830 square feet for proposed Lot 2. The minimum lot area is 200,000 square feet, where proposed Lot 2 has a lot area of 122,170 square feet. 5. Lot width variance of 95.46' for proposed Lot 2. The minimum lot width requirement is 270 feet, where proposed lot 2 has a lot width of 174.54' Please schedule this application for the next available pubic hearing. If you have any questions or need additional information, please feel free to contact this office. Thank you for your prompt attention to this matter. Sine, erely,/2 Anthony P. Tfezza Principal Planner Enc. Cc: Edward W. Latham Deborah Doty RECEIVED AUG 3 120~0 BOARD OF APPEALS 108 Mill Road, Westhampton Beach, NY 11978 W:631-998-3919 F: 631-998-3921 C: 631-365-1170 E:kylec~optonline.net 008 11:56 FAX Contr aetor/Agent/Permittee KPC planni.g Services, Inc. P.O. Box 467 Remsenburg, NY 11960 631 365-1170, FAX 631 288-8949 KPC planning copier ~0004/0004 RECEIVED BOARD OF APPEALS Pro'eot Locations 31900 Main Road Orient, NY 11957 SCTM# 1000-19-1-7.5 Owner/CUent Edward W. Latham 31900 Main Road Orient, NY 11957 The owner of the property above agrees to authorize KPC Planning Services, Inc. to act as agent and to secure information and permits as needed for the above referenced property. Owner/Client Si_~nature Sworn to before me this ,,,.~i'~ day 20_ ' Notary Public DEBORAH DOTf Nota~/Public, Stste of New No. 02[)046294?8 ' Suffolk Count~ ?roperty~ of Edward Latham 31900 Main Road Orient~ Nh(' 11960 I000-19-I~7.5 Aerial View of Existing Structures ,./ TOWN OF SOUTHOLD PROPERTY RECORD CARD LAND IMP, TOTAl. DATE REtvgkRKS: " J STREET j VILLAGE DIST. J COUNTY TAX MAP NO. ' '- - ./~.s,~.,#~ E~ Ld , BJdg. lension lension Z-ch -o! ._.COLOR TRIM Foundation Basement Ext. Wails Place Roof Dormer· Bath Floors Interior. F~nish "~:~- ~.~. ~' Heot. '~ - Rooms 1st Floor Roo'ms 2nd Ld "/' $ TOWN OF SOUTHOLD PROPERTY OWNER STREET "~ I':J C)O WLU~GE D~ST.SUB. LOT .-~.w~-~.¥~.~ L~.h,~,,.,,. 'l~d,~i, l:~,~/~.-~~ 0¥',.:,~.~ I E ACR. J S W ~ ~,PE OF BUILDING R~. S~S, VL, ~ARM "CO~. CB. MICS. ~kt. Value ]~ .~ ~ .--. ~ ~ND IMP. TOTAL DA~ R~RKS G... .~ ~),~:;~ .. u,., I ~,~;c.,,,:) .~.-'.C ~ '"'" ~o~ ,~,6~ I~ / ~1,o1~5 ~z,'m~ ,,~ ,, ,, - -: ~41~ ",, ".. ,,.. ~l>i~ , ,, ,/ Till~l, ~ '~ ~.,~. FRONTAG~ ON WATER W~l~d ~ Y:" ~:~ '~:~ FRO~AGE ON ROAD. ~d [~' .:t . "~... ~ ~ DEPTH ~ ~ ~.~ ~ ~..g BULKH~O RECORD CARD '-r.~ TOWN OF SOUTHOLD PROPERTY RECORD CARD ,,, ooo-1~-1-~ OWNEI~ STREET ~ ~ OD VILLAGE DIST. SUB, LOT ~E~ ~NER N E ~ ACR. L~l+k I S W -' ~PE O~ BUILDING ~. S~. VL. ~ ~ FARM CO~. CB. M~CS. Mkt. Value ~ND IMP. TOTAL DATE R~RKS '" . · ~/,/~ ~ . . ~>~ /'/ ' ¢¢/A¢, " 'TY~c~ ¢ "'" at,'Rg ,, ~ PI~ . BUSHED ~2!so ~ ~ STREET. VILLAGE DIST SUB. ,,, : .. . .... S .~.~_ ~. ~.' W ~ES. sfas.'VL. ('!_~_~,~-) JC~,~. CB. M~SC. LAND IMP. TOTAL DATE REMARKS ~'~. ~w?/- · . , N~ NORMAL BELOW ABOVE FARM Acre Value Per Value Ac~ ~ 'ush~and & -' FRONTAGE ON ROAD , ~', ~'. e Plot ' DEPTH · B · /1 08/31/2010 15:35 FAX KPC plannlng copier ~0001/0001 Contractor/A~ent/Permittee KPC Planning Services, Inc. P.O. Box 467 Remsenburg, NY 11960 631 365-1170, FAX 631 288-8949 Project Locations 31900 Main Road Orient, NY 11957 SCTM# 1000-19-1-7.5 Owner/Client Edward W. Latham 31900 Main Road Orient, NY 11957 BOARD oF APPEALS The owner of the property above agrees to authorize KPC Planning Services, Inc. to act as agent and to secure information and permits as needed for the above referenced property. Owner/Client Signature Sworn to before me this .fl ! ~-?day Notary Public Date: % ~/ ~' ~¢~/~ DEBORAH DOTY Notary Public, State of New York No. 02D04829478 - Suffolk County Comrnlasion Expires February 28, 20 ( ~1/12/2010 15:22 FAX KPC planning Copier PLANNING SERVICES, INC. ~0001/0001 NOV 1 2 2010 BOARD OF APPEALS Fax To: Members of the Zoning Board From: Anthony Trezza Fax: 765-9064 Fax: 631 998-3921 Phone: 765-1809 Phone: 631 998-3919 Date: 11/12/2010 3:32 PM Pages: 1 (including covers) Subject: Property of Edward Latham 31900 Main Road, Orient Members of the Zoning Board of Appeals In accordance with the discussion we had with thc Zoning Board of Appeals On October 21, 2010 for the above-referenced variance application, the following language should be sufficient to address the Board's concern regarding access to proposed Lot 1: "A common driveway access easement shall be provided from existing Lot 1 via the dirt driveway to and over northern portion of existing Lot 2 paved driveway to provide Lot 1 with access to and from Route 25, subject to review and approval by the Town of Southold Planning Board and in a form to be approved by the Town Attorney." We would be happy to discuss this with the Board at their meeting on November 16, 2010. If you have any questions or need additional information, please feel free to contact this office. PLANNING SERVICES, INC. RECEIVED August 30, 2010 Vicki Toth Southold Town Zoning Board of Appeals Southold Town Hall Annex Building 54375 Route 25 P.O. Box 1179 Southold NY 11971 BOARD OF APPEALS Property of Edward W. Latham 31900 Main Road, Orient SCTM# - 1000-19-1-7.5 Dear Ms. Toth: Per our telephone conversation on August 31, 2010, enclosed please find nine (9) copies of the Short Environmental Assessment Form as requested. The original owner's authorization form will be submitted to you under separate cover. Please schedule this application for the next available pubic hearing. If you have any questions or need additional information, please feel free to contact this office. Thank you for your assistance with this matter. Principal Planner Eric. Cc: Deborah Doty 108 Mill Road, Westhampton Beach, NY 11978 W: 631-998-3919 F: 631-998-3921 C: 631-365-1170 E: kylec@optonline.net PROJECT ID NUMBER PART 1 - PROJECT INFORMATION 1~ APPLICANT t SPONSOR Edward W. Latham c/o KPC Planning Services Inc. 3.PROJECI LOCATION: MunlC~ality Tom of Southold 61720 APPENDIX QC~/y STATE ENVIRONMENTAL REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNUSTED ACTIONS Only ( To be completed by A ,ricant or Project Sponsor) 2. PROJECT NAME Edward W. Latham Variance Application RECEIVED ¢o~m~ Suffolk SEQR 4. PRECISE LOCATION: Stree~ Ad,less and Road Intersections. Prominent landmarks etc -or ~'ov~le mao SEP 1 2010 31900 Main Road ~,~ ^ o r~ r~;= APPEALS 5. IS PROPOSED ACTION [] New [] Expansion [] ~ificetion I allereY,~n 6. DESCRIBE PROJECT BRIEFLY: This proposal is to subdivide the 10-acre site into two lots, where Lot 1 is 313,430 square feet (241,790 square feet of upland) and contains the existing farm structures, and Lot 2 is 122,170 square feet and contains the existing single family residence. This requires the following variances: Lot area variance of 86,570 square feet for proposed Lot 1. Lot 1 is required to have 400,000 square feet, where the lot area is only 313,430 square feet (200,000 square feet per use). In this case there is an existing agricultural use and a proposed residential use, and therefore the two uses requires 400,000 square feet, resulting in a lot area deficiency of 86,570 square feet. Side yard setback variance of 20' for an existing garage on proposed Lot 1. The required side yard setback is 30', where 10' is provided. Lot coverage variance of 2.86% for proposed Lot 1. The lot coverage for proposed Lot 1 is 7.68%, where 5% is the maximum required under the Zoning Code. Lot area variance of 77,830 square feet for proposed Lot 2. The minimum lot area is 200,000 square feet, where proposed Lot 2 has a lot area of 122,170 square feet. Lot width variance of 95.46' for proposed Lot 2. The minimum lot width requirement is 270 feet, where proposed lot 2 has a lot width of 174.54' AMOUNT OF [AND AFFECTED: acres l0 acres Ulamate[y acres lQ W~LL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? ~]Yes [] No . no~ describebrie.y See project description above 9. WHAT IS PRESENT LAND USE IN ViCiniTY OF PROJECT? (Choose as many as a~ply.) [~]Resi(te.lha, [~]lndu~bial [~]Comrr~rchtl ~A.r~.um ~Pa~lFom~[.O~. ~O[her (~d~) i0. DO~S ACTION I~OL~ A P~RMIT APPROVAL, OR FUNDING, NOW OR ULT~T~Y FROM A~ OTHER ~RNM~NTAL AGE~Y {F~ere[ ~e~ L~I} ~Yes ~ No E yes, list a~cy name a~ ~it [ ~pmyet: 11. DOES ~Y ASPECT OF THE ACTION HAVE A CURRENTLY VAUD PERMIT OR A~PROV~? ~Yes ~No If y~, I~t ~e~ ~ and pe~ / ~pr~: 12. AS A RESULT OF PR~OSED ACTION ~LL ~ISTING PERMIT/ ~PROVAL REQUIRE MODIFICATION? CERTIFY THAT THE INFORMATiON PROVIOEO ABOVE iS TRUE TO THE BEST OF MY KNOWLEDGE ~omple~ ~e C~s~l Assessment Fo~ ~om p~eeding wl~ th~ assess~nt 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) 765-1500 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville September 1, 2010 Zoning Appeal No. 6421 Transmitted herewith is Zoning Appeals No. 6421 of KPC Planning Services for Edward W. Latham- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, Notice of Disapproval from Building Department Dated July 29, 2010, Cover Letter from KPC Planning Services Inc. Dated August 30, 2010, Authorization Letter from Edward W. Lathem to KPC Planning Services to Represent him in this Matter, Afial Photo of Property, 5 Pages of Property Record Cards, Copy of Survey of Properly Showing Existing Construction and Proposed Lot 1 & Proposed Lot 2 Dated July 13, 2010 Prepared by John C Ehlers Land Surveyor. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 09/01/10 * * * RECEIPT * * * Receipt~: 91428 Transaction(s): 1 1 Application Fees Reference 7659 Total Paid: Check#: 7659 Subtotal $600.00 $600.00 Name: Clerk ID: Doty, Deborah Po Box 1181 West Creek Ave Cutcho~lue, NY 11935 CAROLH Internal ID: 7659 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 9/1/10 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVED 6421 7659 $600.00 Latham, Edward W. SEP 1 2~i0 ~outholcl Town Clerl, {$ *'600.00 MEMO Latham ZBA appl fee 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) Southold, NY 11971 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, OCTOBER 21, 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 THURSDAY, OCTOBER 21~ 20t0: 10:00 AM - EDWARD LATHAM #6421- Re questfor Variances from Article III Code Section 280-t4 (Bulk Schedule) based on an application for building permit and the Building Inspector's July 29, 2010, Notice of Disapproval concerning proposed two lot subdivision, Parcel t - t) lot size less than the code required 400,000 sq. ft. for two uses, 2) side yard setback of less than the code required 30 feet, 3) lot coverage of more than the code required 5%. Parcel 2 - 1) lot size less than the code required 200,000 sq. ft, 2) lot width less than the code required 270 feet at; 31900 Main Rd., Orient, NY. SCTM#1000- 19-1-7.5. Zone R200. 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 contact our office at (631) 765-1809, or by emaih Vicki.Tot h(~.Town. Southold.n¥. us. Dated: September 30, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53096 Main Road (Mailing/USPS) P.O. Box t179 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.north fork.net September 30, 2009 Re: Town Code Chapter 55 - Public Notices for Thursday, October 21, 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 October 8th: 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 all 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 mailing 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 during the hearing, providing the returned letter to us as soon as possible; AND not later than October 15th: Please either mail or deliver to our office your Affidavit of Mailing (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 October 16st: 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 PostinR for receipt by our office before. October 20, 2009. 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: NAM LATHAM, EDWARD W. #6421 MAP # 19-1-7.5 VARIANCE LOT SIZE REQUEST Two (2) lot subdivision DATE: TH U RS, OCT 21, 2010 10:00 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 ~"~'~?'~ 9952 ~,x(~ 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 7th day of October, 2010. Principal Clerk Sworn to before me this LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY OCTOBER 21, 2010 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursu- ant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold the fo owing public hearings will be hem by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, PO. Box 1179, Southold, New York 11971-0959, on THURSDAY OCTOBER 21, 2010:. - Applicant requests a Spec a Exception under Article II/, Section 280-13B(13),. Ti~e Applicant is the owner requesting authorization to establish an Accessory Apartment in an aCcessory structure, Lo- cated at: 310 Huntington Blvd., Peconi¢, III Code Section 280-14 (Bulk Schedule) based on an appl cation for building per- mit and the Building Inspector's July 29, 2010, Notice of Disapproval concerning pro/~osed two lot subdlv s on, Parcel 1-- 1) lot s:ze less than the code required 400,000 sq. ft. for two us, es, 2) side yard setback of less than the code required 30 feet, 3) lot · 5%. Parcel 2 - 1) lot size less than thc code required 200,000 sq. ft, 2) et wid b less than the code required 270 feet a; 31900 M..sain Rd,, Orient, NY. SCTM#1000-i9_i_ ,~. Zone R200. quest for Variances from Artlele XXIII Code Section 280-1~. based on an applica- tion for building permit and the Buildin Inspector's August 27, 2010, Notice of Di~g- ~pproval .conccrnil~g proposed construe ~on of a single famdy dwelling at less than the code required front yard s~thack of 35 feet, at: 1275 Cedar Point Dr., West (adj. to West Lake) Southold, NY. SCTM#1~(J0- 8680 New Suffolk Rd. (aka Fifth St.) (adj. to Great Peconic Bay) New Suffolk, NY. - Request for Variance from Article XXII, Code Section 280-116, based on an appli- cation for building permit and the Build- ing inspector's September 23, 2010 Notice of Disapproval, concerning second story addition to a single family dwelling at less than the code required setback to a bulk- head of 75 feet, at: 1235 Lupton Point Rd., (adj. to Deep Hole Creek) Mattituek, NY. 11:~ a.m. - MARK and SHARON ance from Article III, Code Section 28{)- 15, based on an application for building permit and the Building Inspector's Sep- tember 23, 2010 Notice of Disapproval, concerning proposed accessory garage at 1) less than the code required front yard setback of 35 feet both front yards, 2) less than the code required side yard setback of 20 feet at: 405 Private Rd, g3 and ROW, (adj. to Jockey Creek), Southold, NY. SCTM#1000-70-6-15, ZOlxq'NO BOARD OF APPEALS TOWI',[ OF 8OUTHOLD: NEW YORK In lhe Matter of the Application of (Name of Applicants) ' CTM Parcel #1000- OP CoulqTY OF SUFFOLK) STATE OF NEW YORK) , mew York, being duly s~vom, depose and say thati Onthe "~f~dayof t~lS.;~e~f~ , Ipersonail- mailed ' ' Posl Office in_~4,~tafvo~ ~.r~... ~__,_ ,_- .-.,.~__? at the United States - t - ' .'.,'~ -,,, · ,,~w z u~l% oy ~,I2,KIH'It~D MAIL, R~-7I]JR~ REQUESTED, a true copy of the attached Legal NotiCe in prepaid envelopes addressed to ¢ .u~r..en.t o.,w~rs shown on the current assessment roll verified ~om the official recor wltll tile 1.3 Assessors, or ( ) Court Real Pr ds on .. _. ,.. , ,- ~-~.,~ ~ueet, or vemcutar right-of-wa surrouncung me applicant s property - y of record, 8~_~, to before me this /ep' aay of ~b6V'-, 200 ~ ~ c> "~ (Notary'~ablic) JEAN ,S $CHWEIBISH Notary Public, State of New York No 01SC5074710 Q~a~!~ed in Suffolk Count*j Commission Expires March 17, 20 ~ PLEASE list, ott the back of this Affidavit or on a sheet ~)f paper ~he lot nmnbers next to the .owner names and addresses for which notices worn mailed.. Thank you, Henry and Helen Moisa 32275 Route 25 Orient, NY 11957 Latham Farms Property LP 31900 Route 25 Orient, NY 11957 ) ~'~P~ rm Return Receipt Fee NYSDEC , [so,t..r~. ATTN: Bureau of Real Property ........ ~t'r~-& A /o~O'~ SUN¥@Ston¥ Brook, B]d~ 40 ........ 1::3 I , 'B:tCIAL USE ~'osta~ $ '~0,6i 0??8 (Endomement Required) (Endomement Require) Frederick and Ethel Te~ Revocable Trust ~,% ~ ~'~ ...... ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name of Applicants) AFFIDAVIT OF SION POSTING Regarding Posting of Sign upon Applicant's Land Identified as IO00- COUNTY OF SUFFOLK) STATE OF NEW YORK) /., New York, being duly'sworn, depose and say that: lyf//~q~ On the ~ day of ~6~f p . .. , I personally placed the Town's official oster, w~th the date of heanng and nature of my application noted thereon, securely upon my property, locatext ten (10) feet or closer from the street or right-of-way (driveway entrance) - fac{ag the street or facing each sheet or fight-of-way entrance;* and that I hereby confirm that the Poster has remained in place for seven days prior to thJat date of the subject hearing date, wh/eh hearing date was shown to be Sworn to before me th/s .;/) (Notary Public) JEAN 8. ~CHWEIBISH Notary Public, State of New York No. 01SC5074710 Qualified in Suffolk County Commission Expires March 17 % { l ear the entrance or drivoway entrance of my property, as the area most visible to passersby. · Complete items 1, 2, and 3. Aisc complete Item 4 If Restricted Delivery is desired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Ar[icleAddressedto: NYSDEC ATTN: B u~eau of Real Property SUNY~Stony Brook, Bldg 40 Stony Brook, NY 11790-2356 A. Signature FI Agent X q/~.. Im Addressee B. j~alv ec~ by (F~ni'~,e'Vame) Iq' Data, of Delivery YES, enter delivery address below: [] No I~ Certified Mall [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? {l~tra Fee) [] Yes 2. ~lfcte Number (rtamfer from servk~/abe0 PS Form 3811, February 2004 7010 0290 0001 Domestic Return Receipt 9945 6036 · Complete items 1, 2, and 3. Aisc complete item 4 if Restricted Delivery is dssimd. · Print your name and address on the reverse so that we can tatum the Ca~l to you. · Attach this card to the back of the mailplese, or on the front if space permits. 1. Article Addressedto: [] Agent B. Recalved by ( D. Is dalk~G [] Yes if YES, e~ter deliveqt address baio~.: [] No Frederick and Ethel Terry Revocable Trust 35870 Route 25 Orient, NY 11957 2. Article Number (Transfer from service label) PS Form 3811, February 2004 3. Service Type ~1. Cerafled Mail [] Express Mail ' [] Registered [] Return Race pt for ~ [] Insured Mail [] C.O.D. . ; .. 7010 0290 0001 9945 h050 Domestic Return Receipt · Complete items 1, 2, and 3. Also complete item 4 if Restfiated Delivery Is desired. · print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. ArticleAddressedto: Name) ;. Date of Dolivo~ D. Isdelivery differe~fromiteml? DYes If YES, enter delivery address below: [] No Henry and Helen Moisa 32275 Route 25 Orient, NY 11957 i Servlce'FJpe Certified Mail r'l Express Mall Registered r-I Return R~ceipt for Merchandise [] Insured Mall [] C.O.D. · Restricted Delivery? (Extra Fee) [] Yes 7010 0290 0001 9945 6067 PS Form 3811, February 2004 Domestic Return Receipt BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehfinger 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 SOUTHOLD Tel. (631) 76S-1809 * ['ax (631) 765-9064 MEMO TO: Planning Board FROM: Leslie K. Weisman, ZBA Chairperson DATE: September 1, 2010 SUBJECT: Request for Comments ZBA #6421 - Latham, Edward W. As confirmed with your office, the ZBA is reviewing the following application, and enclosed copies of, ZBA application, and latest map. The Planning Board may be involved under the site plan review steps under Chapter 280 (Zoning), and your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. NAME TAX#/ ZBA BD NOD VARIANCE PLANS PREPARER ZONE DATE DATE STAMPED Latham, 19-t-7.5 #6421 7/29/10 280-t4 8/311t0 John C. Edward W. R-200 Ehlers, Zone Surveyor Your comments are appreciated by October 1, 2010. Thank you. Encls. 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) Southold, NY 11971 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTI-IOLD Tel. (631) 765-1809 · Fax (631) 765-9064 September 1, 2010 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6421 (Latham) Dear Mr. Terry: We have received an application for a sub-division in Orient. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Encls. Leslie K. Weisman ' c ~:: ~ ,~nm~person BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hail 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 September 1, 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 XI¥ of the Suffolk County Administrative Code: ZBA File #6421 Action Requested: Within 500 feet of: Owner/Applicant: Latham, Edward W. Sub-division (X) State or County Road ( ) Waterway (Bay, Sound, or Estuary) (X) Boundary of Existing or Proposed County, State, Federal land. (X) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information 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/Fast Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 76S-9064 September 1, 2010 Suffolk County Soil and Water Conservation District 423 Griffing Ave., Suite 110 Riverhead, New York 11901 Re: ZBA File Ref. No. 6421 (Latham) Dear Sir or Madam: We have received an application for a project adjacent to wetlands in Orient, NY, and shown on the enclosed site map. The hearing on this application is expected to be held in approximately 6 weeks. Enclosed is a copy of the site map, together with the application and a copy of the area map. May we ask for you assistance in an evaluation and recommendations for this proposal. Thank you for your assistance. Very truly yours, Leslie Kanes Weisman Chairperson Encls. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 768-1809 ° Fax (631) 76S-9064 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 November 17, 2010 Anthony Trezza KPC Planning Service, Inc. 108 Mill Rd. Westhampton Beach, NY 11978 Re: Latham, ZBA File#6421 Dear Mr. Trezza: Transmitted for your records is a copy of the Board's November 16, 2010 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for variances. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Vicki Toth Encl. Cc: Building Dept. MAIN OLD SURVBY OF $1TUA'rB: SUFFOLK IR= 0~50.00,y q 114.q2' N E .5DD.28' PROPODED LOT I LANO OF, STATE OF NEW ~O~K NSq°2E :)O"lq NSq "25'0,0 "lq PROPOSEE) LOT 2 174.54' 4.50.00' LANO NOel OP. FORHERL'¢ OF- LATHANf FARMS PROPEP~T'r' LP ~t COUNIY OF SUFFOLK LOT roO'v'L=RA~E P~O~I) LOT I PROPOSED LOT 2 A~.E/N = 120~ ~RAPHIE. BE. ALE I"=O0' 0 60 120 JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF'C:kDocumcnts and Settmgs\OwnerkMy DocunmntskMy Dropbox\06\0fi\06 2?2.pro