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Home My WebLink About1000-19.-1-7.5 O~]CE LOCATION: Town Hail Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning 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 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.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD 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. L Leslie K. Weisman Chairperson 0710/2010 18:47 7G§G$41 TO: Deborah Doty for Ed Latham POBox I181 Cutchogue, NY 11935 TRUSTEES FORM NO. 3 NOTICE OF DISAPPROVAl. DATE: 0 Please take notice that your application dated April 12, 2010 For subdivision at Location of property: 31900 Main Road, Orient, NY. County Tax Map No. 1000 - Section 19 Blook I Lot 7.5 Is returned herewith and disapproved on the following grounds: The vrovoscd subdivision of this varcel in.the 1LT.00 Zone is not permitted pursuit to Article II!, Section 280-14. the Bulk Schedule: Pamel 1 is required to have 200,000 sq. ff. per use, however the plan Indicates two uses with a lot size of less than 400,000 sq. fL. 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. ff., however the plan proposes an area of 122,170 sq. ff. 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: A~ change or deviation to the above referenced application, may require further rev/ew by the Southold Town Building Department. Fee: $ Fil~ By:. ,a.~, No. ] APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS HouseNo. 31900 S~reet MainRoad Hamlet Orient SCTM1000S~cfionzx~xcBIock_l~Lot(s) 7.5 LotSize 10a~e.~ ZmmR_~OO I (WE) APPEAL 11~, WRITTEN DETEI~fll~ATION OF 'llil~ Bu sLIHlqG INSPECTOR DATED 7-29-2010 BASEDONSURVEY/Sjij~In..AlqDATED 7-13-2010 Applicant(O/Owner(s): Edward W. Latham Marling Address: 31900 Ma'm Road Orient, NY 11957 Telephone: Fax: Email: NOTE: In addMon to tb ahow pkase ~mldete hobw if q~lkafion is slgn~l by a~li~anes ~,~ architect, builder, confrM vendee, etc. ami nme of perso~ who a~elt ~epre~mU: of pr n : S ces. Nome Address: I(IR l~fill Rn~rl Weefh~rnptnla Re~h. NY 11978 Td~hone: 631-998-3919 Fax: 631-98-3921 Email: Anthony-KPC~,optonline.net FOR: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordlnnce by tmmhers. Do lot quot~ tJt~ code.) Article: Section: Subsection: T~e of Appear An Appealis made for: [~k Variance to the Z~ning Code or Zoning Malx nVariance due to lack of access req.~..~ by New York Town Law- Section 2~0-A. terpretation of the Town Code, Article Section [--]Reversal or A prior appeal .~. has, [] has not been made at any time with resoect to this oropert~, UNDER Appeal No(s). Yemr(s). . Name of Owner: ZBA File # REASONS FOR APPEAL (addit~nal ~heets mar be used with .4R~4 V,4RIANC£ RIL4SON$: (1) An undesirable change wfl! not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, bceansc: The proposed subdivision will result in only 1 additional residential lot to be located on a property of over 7 acres of land. PLEASE SEE ATTACHED PROJECT NARRATIVE FOR ADDITIONAL INFORMATION (Z) The benefit songht by the applicant CA.N~OT be achieved by some method fe~'oJe for the U ~pp]icant to.oRrsu~ other ~ ~n ~ variance, noer current ~onmg aha ~unmwszon reguJauons, the proposed subdivision of this property into two residential lots requires the requested variances for the reasons stated in the Notice of Disapproval issued by the Building Department. PLEASE SEE ATTACHED PROJECT NARRATIVE FOR ADDITIONAL INFORMATION T (3) The amount of relief freq. uestod h no~ mb~tantJal boeause: aking into account the dtmensional characteristics of the surrounding residential lots and the amount of land that has been permanently preserved and thus protected f~om future residential development, the requested variances are not substantial. PLEASE SEE ATTACHED PROJECT NARRATIVE FOR ADDITIONAL INFORMATION (4) The variance ~11 NOT have un ad~x, rse efftct or impact on the physical or envire~ conditions In the nefghl~rhood or distr~ because: The applicant already preserved approximately 114 acres of farmland and an additional 122 acres of wctlands/opens space. Therefore, the proposed subdivision, which will result in only one additional residential lot, will not have any impacts on the physical or environmental conditions in the neighborhood. PLEASE SEE ATTACHED PROJECT (5) Has the alleged dlffkully been self.created? [~]Y~ er ~N0. NARRATIVE FOR ADDITIO]NAL INFORMATION Are there Covenants and Restrictions conearnJng this hnd: This k the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of ~he n~borhood and the health, ~afety, and welfare of the community, A 1TACHED USE VdRl&SlCE SHEET: (Please be ssre to S~atun Sworn to before me this .~o'{f~ (Ageat mst ~abndf wfltten AutiMr~fl~ from OweeO d~ 8. SCH~IBISH No~ Public, S~te of N~ Yo~ No. 01SC~74710 Qualffied in Suffolk Coun~ Commi~ion Expires March 17, 20~ Property of Edward W. Latham Orient, New York 1000-19-1-7.5 Project 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 appro:~imately 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 plmming, 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 sctbaek 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. S. Lot width variance of 95.46' for proposed Lot 2. The minimum lot width requiroment 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 wm 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 neighborhood or a detriment to nearby properties. The 10 acre site that is the subject of this application is already improved with existing residential and agricultural sl~nactures 1 108 Mill Road, Wusthampton Beach, NY 11978 W: 631-998-3919 F: 631-998-3921 E: kpcplanning~optonline.net Property of Edward W. Latham Orient, New York 1000-19-1-7.5 that have been part of the comw,niOj 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 commnnities throughout the Town. The ability to construct an additional residence on proposed Lot 2 will have no impact on the character of the ¢omml.lnity. 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 case is an existing residence already owned by Mr. Latharn. In addition, the character of commuulty 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 Ixue 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 commmtity 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 I 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. 108 Mill Road, Westhampton Beach, NY 11978 W: 631-998-3919 F: 631-998-3921 E: kpcplanning~optonline.net 2 Propen'y of Edward W. I. atham 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 fights 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 mount 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 (end associated dimensional requirements) given that said lots would have been required to be clustered. In such instance, there would have been automtic relief granted for those building lots in order to accommodate the smaller lot sizes in exchange for the preserved land. Whether the proposed variance wffi 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 I0 acre site is the remaining developable parcel of land from a previous development fights sale involving approximately 114 acres of farmland, and approximately 122 acres of additional wetlands/opens space. The resultin4g elimination of potential residential density is an important consideration with this application. Whether the alleged difficulty was self-created, which consideration shall 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 emended 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 Mr. Latham's longstanding commitment to farmland preservation. Therefore, the difficulty 3 108 Mill Road, Westhampton Beach, NY 11978 W: 631-998-3919 F: 631-998-3921 E: kpcplanningi~optonline.net Property of Edward W. Latham Orient, New York I000-19-1-7.5 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 classificatior~ 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 aa~ustment, lt~hat might be reasonable today might not be reasonable tomorrow" (People v. Kerner, 125 Misc. 526). 108 Mill Road, Westhampton Beach, NY 11978 W: 631-998-3919 F: 631-998-3921 E: kpcplanning~optonline, net 4 APPLICANT'S PROIECT DESCRHrIION (For Z~A ~fem~) Edward W. Latham Date Prepared: August 5, 2010 I. For Demolition of Existing Building Areas Please describ* areas being removed: II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 2,000 square feet potential; no new construction proposed Dimensions of new smond floor: 2,000 square feet potential; no new construction proposed Dimensions of floor above second level: n/a Height (from finished ground to top of ridge): n/a Is basement or lowest floor area being constngted? If yes, please provide height (above ground) measured from natural existing grade to first floor: HI. Proposed Construction Description (AlteFations or Structural Changes) (attach extra ~eet ffnecessaxy)- Please describe building areas: Number of Floors end Oeneral Characteristics BEFORE Alterations: 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 surveyor): Existing SCluar~ footage of buildings on your property: 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 square feet Percentage of coverage of your lot by building ar~a: V. Purpose of New Construction: Potential future residence VI. Please de~cribe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how i~t, l~lates to. the ~l'./fficulty in m~eting th.e~code, gequiyen]ent~s): mat to gently roiling topography; sxgmncant mrrmana, w~m some wetlands. The requestecl variance ~s clue to a lack oI lot area reqmred m the R-200 Zomng D~stnet. 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. 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 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: Application Fee - $600; 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: 631-9983919 F: 631-998-3921 C: 631-365-1170 E: kyter-,~optonline.net Pursuant to the Notice of Disapproval issued by the Building Depament 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 t~ee to contact this office. Thank you for your prompt attention to this matter. S~cerely, .., // Anthony P. Tfezza Principal Planner Eric. Cc: Edward W. Latham Deborah Doty 108 Mill Road, Weathampton Beach, NY 11978 W:631-998-3919 F:631-998-3921 C:631-365-1170 E:kylecC~optonline.net 11:56 FAX KPC planning Copier _ ~ ~0004/0004 Coutraetor/A~enffPermlttee KPC Pl~i~g Services, Inc. P.O. Box 467 Re~.senburg, NY 11960 631 365:1170, FAX 631 2~8o8949 Pro]ectLocations 31900M~nRoad Ofient,NYll957 SCTM# 1000-19-1-7.5 Owner/Client 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/C~entSienature Sworn to before me t~is 'l ~ day DEBORAH DOTY Notary Public, State of New York No. QUESTIONNAH~ FOR FII JNG WITH YOUR Z.B.A. APPLICATION ]__~the sul~-~ premises listed mi the real estate m~-'.~t fa~ sate? Yes IXJNo Are there any proposals t~ change or alter land contours? ~-~No ~ires, please explain ~m --attached she~. 1) Are ther~ areas th~ col~ain sand m wetland ~7 yes 2) Are ~ areas ghawn on ~he m~p submiu~ with thig ~up~? yes 3) Is the property bulkhe~ded between the wetl~,,~ area and the upland buil~ ~? No. 4) If your propaW caalaing wethnds o~ pond areas, have you ~ Ihe office of the Town Trustees for its det. e~rnlnation of jurisdiction? No. Please confirm slams of your Is tl~m a depressio~ or sloping ele, ation ne~ the ~ of proposed consuuchon ~ or below five feet ~bove mean sea level? No. stmaures ~ a di~mm if taxi/exist. Or st~e "none" on the above line, if st~licable.) F= Do you have any consuucfion taking place at this tim~ crmcemlnR your premi~s? No. Ifyes, please submit a copy ofyom btfilding penait and map zs aplxoved by the Building Do you e~ ~ny co-owner also own oth~ had close to thi~ pamel? v~ the proximity ofyour Lmds on your zn~ with this applicatioa. Lf yes, please label 14_ Please list present use or operations conducted at this parcel Residential/agricultural and proposed use Residential/agricultural 2~5; 1/07 AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WtlE~' TO USE THIS FOR~: The form must be completed b), the applicant for any ~cial user. it, ~te plan a~va~ use ~ance, ~ su~iv~ion a~pro~! on prope~ wDkln ~ ag~eul~al dis~ OR ~in 500 f~ of a fa~ ~on ~e~ed in a~culm~l d~tea All app~a~ons ~ut~ng an a~cu~l data sm~ment must ~ r~d ~ the ~uffo~ CounW D~tnt of Plann~g in ack.nee wi~ S~c~ns 2~9- m and 239-n of the General Munlc~ Law. 1) N~e ofA~lic~t: Edw~d W. La~ ~o ~C Pl~ng S~ces, Inc 2) Ad~ ofApp~t: 10~ Mill Ko~, Wes~pton ~each, NY 1 l~/~ 3) N~e of ~ ~ (if o~ ~ a~h~o: Eaw~a w. ~m~ 4) Ad.ss ofL~d ~n~: 31900 M~ Road, ~t 5) ~pfion of ~o~ ~j~: Propos~ is to subdi~de ~e subject prop~ Mto ~o lots wh~e Mt 1 is 313,430 sau~e feet ~d Lot 2 is 122,170 sau~e feet. 6) ~on ofP~ (~d md ~ ~ nm~): 3lO00 Main RoM: ~t~ 1000-19-1-7.5 7) ~ ~e p~el wi~ ~ a~c~ ~cO ~No ~Yes If yin, A~cul~ DN~ct Nm~ 1 8) ~ ~s p~c~l a~ively f~d? ~No ~Ye~rop~y us~ ~ capetian ~ pres~ f~l~d 9) Nme md ad.ss of any o~s) of ~d wi~n the a~cul~ ~ct contaMino ~fiv~ fa~ opmfi~(s) lo~t~ 5~ f¢et of ~e bo~ of ~ ~os¢d project. (~omfion ~y be arable ~ugh · ~ Tow~ ~son Office, Town H~ locafi~ (765-193~ ~ ~m my p~hc co~u~ at ~e Town H~ l~afiom by vi~ ~e ~d nmbt~ on ~e Town of Sou~old ~ P~ T~ Systm. Name and Address 3. (Please use back side of page if more than six property owners ate identified.) The lot numbers may b~ ob~in~l, in advance, when requested from either the Office of the planning Board at 765~~~fAppeals at 765-1809. Signamr~ of'Applicant,// Date Nole: 1. The lacal board will solicit commits fim~ hhe owners of land i&mtified above ia ordez ~o ~ ~ ~ of~ ~ ~ on their from ~afiot~ Solicitation will be m,xle by supplying a copy oflt~is smU~t 2- ~ts lchuaed Io ~he local board will be t~cen into consid~on as p~ of ihe ovelall ~ of ~s ~ 3. C°p~es of the compleugl Agriculawal D'~ S~at~meat ,h.~ be sent by applicant ~d/o~ ~he clerk of the board to t~e prop~/y owners identified above. The c~st for r~li~ shall be p,,~id by ~he R0pllc~t al the time lhe applicati~ ~ ~ f~ ~. F~ ~ ~ g such time means the applkaiion is not complele ~nd c~mn~ be acted upon by th~ bo~d. 1-14-09 APPLICANT TRANSACTIONAL DISCLOSURE FORM flOR SUBMI~SSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers mad employees. The purpo_ se of this form is to orovide information, which can aler~ 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 -Ame, first name, middl~ initial, unless you are applying in the n~me of someone else or other entity, such as a complmy, ff so, indicat~ other persoa or coag~ny name.) Tax Gdevence Variance Special F.x~tion If "Other", name the activity: NATURE OF APPLICATION: [Check all that apply.) ix t App ova of plat I X Exemption fi'om Plat or O icial Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Sonthold? "Relationship" includes by blood, maniage, or business interest. "Business interest" means a business, including a parmership, 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 thc shares. x I Complete the bMAu~e of this form end date and sJ~n below where indicated. Name of person employed by the Town of Southotd: Title or position of that person: Describe that relatiouship between yourself (the applican0 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 ofthe applicant; or ~ D) the actual applicant, DESCP,.ll~ION OF RELATIONSHIP Sip~ature: Print Name:~ JEAN 8. SCHWEIBISH Notary Public, State of New York No. 01SC5074710 Qualified in Suffolk County Commission Expires March 17, 20 { TOWN OF SOUTHOLD PROPERTY RECORD CARD TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET "~ I~ OO VILLAGE DIST SUB. LOT I E ACR. S W -~ TY. PE OF BUILDING T~I TOWN OF SOUTHOLD PROPERTY RECORD CARD TAX/V~,P NO. LAND IMP, TOTAL DATE REIV~RKS: · BJdg. tension ten,cron Bosement Ext. Walls PIace Dormer Bath Floor~ Interior. Frnish Heat. Rooms 1st Floor Roc~ms :2nd STREET. VILLAGE ( L~.'' r~: .~ :- ~ W ~ ' ' "' I. Ln_"~J~' ~-O/vu'vt CB. MISC. Mkt. Value LAND I~. TOTAL DATE RE~KS ~. ~K / ' ~ . N~MAL BELOw ~OVE FA~ A~ ~ ~~-- < Volue Per = Volue Ac~ 'ii,hie , I ... illabme 2 · : ' FRO~AGE ON ROAD ~ TYPE OF i SUB. LO? IIL~NG // Town of Southold LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Sonthold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Sonthold agency in making a determlnatica of consistency. *Except minor exempt actions including Building Perm#s and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each pol/cy enntained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its si~,nificant beneficial and adve~ae effects upon the coastal area (which ineludas all of Sonthold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, ff necessary, modified prior to making a detemxinatien that it is comistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be ce~ified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.ne0, the Board of Trustees Office, the Pl~nnln~ Department, all local l~raries and the Town Clerk's office. B. DESCRHrHON OF SITE AND PROPOSED ACTION SCTM~ 19 1 7.5 The Application has been submitted to (check appropriate response): Zoning Board of Appeals TownBoard [] PlanningOept. [] Building Dept. [] BoardofTrustees [] Category of Town of Southold agency action (check appropriate response): (a) Action unde~akon directly by Town agency (e.g. capital construction, pl~m~ing activity, agency regulation, ]and transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (e) Permit, approval, license, certification: Nature 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 ofaction: 31900 Main Road. Orient Site acreage: 10 acres Present landuse: Residential and agricultural Present zoning classification: R-200 If an apphcation for the proposed action has been filed with the Town of Southold agency, the following information 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 number: Area Code ( ) 631-998-3919 (d) Application number, if any:. Will the action be directly undertaken, require funding, 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 u coastal location, and minimizes adverse effects of development. See LWRP Section IH- Policies; Page 2 for evaluation criteria. [~Yes [] No [] (Not Applicable- please explnin) The m~kjeet property i~ the r~rna]nln~ develnpahle pnrtinn of' land fi.nm n ?revlnu~ develnprnl~lt s~ac~'e, '//~20h wi!! be located en +&e !et +~at ,o ~ready ----r ................. o -~ ...... Policy 2. Protect and preserve historic and archaeological resmwces of the Town of Southold. See LWRP Section IH - Policies Pages 3 through 6 for evaluation criteria [] Yes ~-~ No [-~ (Not Applicable - please explain) All nfthe land Rurrnnnding the ~qu~eet 1 O-sere site h~q already been pei~hanently pre.qerved and tht~ref'nt-~ the hlqtnrie re~n~ree~ (i e active farmland) are already ?nteete~l The remfltlng At.ch additional sheet~ if nece~s~wy Policy 3. Enhance visual q~mfity and protect scenic resources throughout the Town of Southold. See LWRP Section HI - Policies Pages 6 through 7 for evaluation criteria [] Yes [] No [] (Not Applicable - please explain) Al1 of the land surrounding the subject 10-acre site has already been permangT/l~31y pre~erved View~ into the property are limited nnd therefore the re~ource~ are le~ ~cenie. and are mare vnhmhle f'rnm nn nm'innlhlral wetla,d~ and nn~ ~nane ner~n~tlve all of' which h"-vc bC~ pres_~'_ .,~. Attach zdditional sheets ffnecessm'y NATURAL COAST POLICIES Policy 4. Minlml,e loss of fife, structures, and natiwal resources from flooding and erosion. See LWRP Section IH - 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 sheets if necessary Policy 5. Protect and improve water qlmfity and supply in the Town of Southold. See LWRP Section HI -Policies Pages 16 through 21 for evaluation criteria [] Yes [] No ~ (Not Applicable- please explain) All of the land surrounding the sul~ject 1 O-acre site has already been pm.anently preserved. Aeenrdingly, potential residential density had already been nearly entirely eliminated, which could have been significant when considering the aooroximatelv 114 acres of farmland that wa.~ pre.~erved: in addition to approximately 12:2 acres of wetland~/npen ~paee that wa~q alan pre~erve~l Attach additional sheets if ueeessary Policy. 6. Protect and restore the q~mfity and function of the Town of Southold ecosystems inch:ding Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section IH - Policies; Pages 22 through 32 for evaluation criteria. [] Yes [] No ~-~ (Not Applicable - please explain) Again, taking into considcxilXg the approximately 122 acres of wetlands/open ~pac~ that 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 quality in the Town of Southold. See LWRP Section HI- 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 fi.om over fi'om a previous development fights sale, into two (2) residential lots that would potentially result in only one additional residenc~, Attach add/t/onal sheets if necessary Policy 8. MinimiTe environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section HI - Policies; Pages 34 through 38 for evaluation criteria. [] Yes [] No [] (Not Applicable - please e.xplnin] Thc subject site is already improved with a restdence 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 Town of Southold. See LWRP Section HI - 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 prowoe direct access to same. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependeat uses in suitable locations. See LWRP Section HI - Policies; Pages 47 through 56 for evaluation criteria. [] Yes [--] No [] (Not App~cahie - plea~ e~pla~ The subject property and the surrounding land are designed for agricultural purposes, not water dependent uses. Attach additional sheets if necessa~r Policy 11. Promote snstainable ~me of living marine resources in Long Island Solmd, the Pecouic Estuary and Town waters. See LWRP Section HI- Policies; Pages 57 through 62 for evaluation criteria. [] Yes [] No [] Not Applicable- please explain Again, the subject sxte is already improv~l. Approximately 122 acres of wetlands and open space have already been preserved. At~ach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section Ill - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [] No ~-~ Not Applicable- please explain Approximately 114 acres of farinland 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. AP. ach additional sheet~ if necessary Policy 13. Promote appropriate use and development of energy and mineral reso~trces. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ~-~ Yes N No [] Not Applicable - please explain The subieet 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. Property of Edward Latham 31900 Main Road Orient, NY 11960 1000-19-1-7.5 Aerial View of Existing SU'uetures APPLICA.NT T1LAJqSACTIONAL 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 officers 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: EDWARD W. LATHAM (Last name, first name, raiddie kdtial, 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.) NATRJP, t~ OF APPLICATION: (Check all that apply.) Tax Crrievance Variance X Special Exception Other Activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other m,hd5 vision application Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship v, dth any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a parmership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in wNch 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 apphcant (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. DESCPd]PTION OF KELATIONSHI]? '~- " )..~ , Subm/ttedthis 24thdayof August, 2010 Signature: PrintName: Edward W. Latham A~PPLICA2xrI' TP,_A2qSACTIONA~L DISCLOSURE FORM (FOR SUBbAISSION BY OWbFER and O¥~NER'S AGEi',rl') ~The Town of Sonthold's Code of Ethics proh/bits conflicts of interest on the part of Town officers and em~olovees. The purpose of this form is to provide information, winch can alert the Town o£ ~ossible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR N~M]~: Deborah Doty as attorney for Edward W. Latham (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other perso~ or company name.) NATUP, E OF A_PPLICATION: (Check all that apply.) Tax Crrievance Variance _ X Special Exception Oth*r Activity: Chauge 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 cinld) have a relationsinp 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 parmership, i~ 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 belov~ where indicated. Name of person employed by the Town of Sonthold: 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 ins 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, parmer, or employee of the applicant; or D) the actual applicant. DESCtLIPTION OF RELATIONSHIP Submitted this 24thdayof August, 2010 Signa e~r~Z~-. ~~rney for Print Name: Edward W. Latham I WN: OU'I'HOLD < /,[eHancl BoundorU . .~--- "-- Surveyed b~ R Fox 02-04-10 ]. ¢-*-' LOT I COUNTY OF SUFFOLK Z N W E S R= 6200.00' ,X lI4.q2' LOT 2 :Dq.Dq' F N8q °2.5'08"P,I 1i'4.54' 450.00' NOTES. SITE DATA: ®P. APHIC, 5CALF 1"=60' )00 5cL. Ft. OR IO,O000 Acree I 0 60 120 lDO JOHN C. EHLERS LAND SURVEYOR 6 EAST 1VLM~ STREET N.Y,S, LIC. NO. 50202 R1VERHEAD, N.Y. 11901 369-8288 Fax 369-11287 REF:C:gJocumeata and Setthags\Owner~vly Docu ments~vly Dropbox\0&06\06-272 revised 07-06-2010.pro