HomeMy WebLinkAbout1000-85.-3-12.1APPEALS BOARD MEMBERS
Ruth D. Oliva, Chairwoman
Gerard P. Goehringer
Lydia A. Tortora
Vincent Orlando
James Dinizio, Jr.
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
Tel. (631) 765-1809
Fax (631) 765-9064
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTItOLD
FINDINGS, DELIBERATIONS AND DETERMINATIOI'
MEETING OF JUNE 3, 2004
ZBA No. 4985 - BRIARCLIFF SOD
Property Location: Main Road and Leslie Road, Peconic
CTM No. 97-10-1 CTM No. 85-3-12.1 CTM No. 85-3-12.2
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under
consideration in this application and determines that this review falls under the Type II category of
the State's List of Actions, without an adverse effect on the environment if the project is implemented
as planned.
PROPERTY FACTS/DESCRIPTION: The applicant's 24.97 acres has frontage along the south side
of the Main Road (a/k/a NYS Route 25), and the north side of Leslie's Road in Peconic. The
property is located in the Agricultural-Conservation Zone District and is farmed and improved with
agricultural buildings.
BASIS OF APPLICATION: Building Department's May 2, 2001 and April 26, 2004 Notices of
Disapproval, citing Code Section 100-30A.3 in its denial of an application under the zoning code for
a proposed land division. The reasons stated in the Notice of Disapproval are that the minimum lot
size required in the AC District, according to the bulk schedule, is 80,000 sq. ft., the minimum lot
width is 150 feet, and the minimum depth is 175 feet.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on May 20, 2004, 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:
AREA VARIANCE RELIEF REQUESTFD: ,Applicants originally applied on July 2, 2001 for
variances relative to three proposed lots with less than 80,000 sq. ft. per lot required in the AC Zone
District. The May 23, 1997 survey map, amended July 30, 2001 by John C. Ehlers, L.S.
ADDITIONAL INFORMATION:AMENDED RELIEF: During the September 20, 2001 public hearing,
written and oral testimony was offered, and concerns were raised with regard to the layout of Lots 1,
2 and 4 as proposed on the July 30, 2001 map. The agent for the applicant indicated that a formal
presubmission review was not able to be completed with the Planning Board under the subdivision
regulations on this proposed layout of the land. Subsequently, the applicants completed the
presubmission reviews, and submitted a different layout of the lots as shown on the surveyor's map
.revised December 24, 2003, for two lots along Leslie Road. Lot 1 is proposed with an area of
Page 2- June 3, 2004
ZBA No. 4985 - Briarciiff Sod
CTM 97-10-1
74,336 square feet and 23.53 ft. of frontage along Leslie's Road, and Lot 2 with an area of 74,336
sq. ft. Lot 3 will conform with an area of 21.55 acres; the prior request for Lot 4 was removed from
the 2001 map.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and
personal inspections, the Board makes the following findings:
1. Grant of the relief requested will not produce an undesirable change in the character of the
neighborhood or a detriment to nearby properties. The surrounding neighborhood is devoted to
agricultural production and the nearest residential lots are smaller in size than the proposed two,
74,336 sq. ft. lots. The variance between the size of the proposed 74,333 sq. ft. lots and the code
required size of 80,000 sq. ft., will not be discernible or have an adverse impact on the character of
the neighborhood.
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 applicant has sold the development rights to
the remainder of the parcel (lot 3) to the County of Suffolk. Since the County will not return the
development rights, the applicant has no recourse except a variance in order to create the two lots.
3. The variance granted herein is not substantial and represents little more than a 7 percent
reduction in the 80,000 sq. ft, code requirement.
4. The difficulty has been self-created.
5. No evidence has been submitted to suggest that the relief granted will have an adverse impact
on the physical or environmental conditions in the neighborhood.
6. Grant of this relief is the minimum action necessary and adequate to enable the applicant to
enjoy the benefit of two residential building lots, 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 Tortora, seconded by
Member Goehringer, and duly carried, to
GRANT the variances as applied for, as shown on the map prepared May 23, 1997, revised
December 24, 2003, by John C. Ehlers, L.S.
This action does not authorize or condone any current or future use, setback or other feature of the subject
property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly
Page 3 - June 3, 2004
ZBA No. 4985 - Briarcliff Sod
CTM 97-10-1
addressed in this action.
Vote of the Board: Ayes: Members Oliva (Chairwoman), Orlando, Goehringer, Tortora, and Dinizio.
This Resolution was duly adopted (§-~ ~. ~-~
Ruth D. Oliva, Chairwoman 6/25/04
Approved for Filing
APPEALS BOARD MEMBERS
Ruth D. Oliva, Chairwoman
Gerard P. Goehringer
Lydia A. Tortora
Vincent Orlando
James Dinizio
l
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1809
ZBA Fax (631) 765-9064
http://southoldtown.northfork.net
TOWN MEMO
TO:
FROM:
DATE:
BOARD OF APPEALS
Planning Board, Mark Terry
Ruth Oliva, Chairwoman, Zoning Board of A
May 10, 2004
S0uth01d Town
Planning B0arR
SUBJECT: Request for Comments
The ZBA is reviewing the following application for a May 20, 2004 public hearing.
Enclosed please find the Notice of Disapproval and ZBA application. The Planning
Board may be involved regarding a pre-submission review under the site plan
regulations of the Zoning Code.
The file is available for review at your convenience.
NAME TAX#/ ZBA BD NOD VARIANCE PLANS PREPARER
ZONE DATE/S DATE
BRIARCLIFF 85-3-12.2 4985 5/2/01 LOT SET OFF- 12/24/03 J. EHLERS,
R40 4/26/04 INSUFFCIENT SURVEYOR
SIZE LOTS
Your comments are appreciated.
Thank you.
FORM NO. 3
TOWN OF SOUTHOLD
BUILDiNG DEPARTMENT
SOUTHOLD, N.Y.
ECE!VED
APR 2 ? 2004
NOTICE OF DISAPPROVAL
DATE: April 26, 2004
TO:
James Fitzgerald AJC Briarcliff Sod
PO Box 617
Cutchogue, NY 11935
Please take notice that your application dated April 23, 2004
For a permit for a lot set off (subdivision) at
Location of property 38920 Main Road, Peconic, NY
County Tax Map No. 1000 - Section 8~5 Block 3~ Lot 12.2
Is returned herewith and disapproved on the following grounds:
The proposed lot set off is not permitted pursuant to Article IliA Section 100-30A.3, which states;
"No building or premises shall be used and no building or part thereof shall be erected or
altered in the Low Density Residential R-40 District unless the same conforms to the
requirements of the Bulk Schedule and of the Parking Schedule, with the same force and effect
as if such regulations were set forth herein full."
The minimum lot size required in the AC District, according to the bulk schedule, is 80,000 square
feet, the minimum required lot width is 150, and the minimum depth is 175 feet.
The proposed lot set off would create two non-conforming lots that measure 74,336 square feet,
respectively. " '
AuthOred Signature
Note to Applicant: Any change or deviation to the above referenced application, may require
further review by the Southold Town Building Department.
CC: file, Z.B.A.
Applicant: Briarcliff Sod, Inc.
REASONS FOR AREA VARIANCE:
1. An undesirable change will NOT be produced in the character of the neighborhood or a det-
riment to nearby properties, if granted BECAUSE:
The surrounding properties are devoted to agricultural pursuits. The nearest existing residen-
rial lots are 1.1 acres in size; the proposed lots will each be more than 1.8 acres. No additional
development is proposed for Lot #4, which is an anomaly.
The benefit sought by the applicant CANNOT be achieved by some method, feasible for the
applicant to pursue, other than an area variance BECAUSE:
The developmem fights to the surrounding land, Lot No. 3 of the proposed subdivision, have
been transferred to Suffolk County. The County will not return the development rights to any
portion of Lot No. 3, and so the land to be divided into two resident'mi building lots (Lots No.
1 and 2) cannot be increased in size. If the variance is not granted, the owner will suffer a se-
vere financial burden by reason of being able to sell only one building lot.
3. The amount of relief requested is not substantial BECAUSE:
The property in question is in the A-C District, for which the regulations specify a minimum
lot size of S0,000 square feet. Each of Lots No. 1 and No. 2 are 74,336 square feet in size: The
difference is slightly more than 7%. The "amount of relief" test should not be applied to the
anomalous Lot #4 which is proposed only because the County did not want it and the existing
barn on it included in the transfer of development rights agreement.
The variance will NOT have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district BECAUSE:
The small deficiency in lot size will not be noticeable mainly because of the relatively large
proposed lot size, but also because of the smaller lot sizes of the closest residential lots. The
impact on environmental conditions will not be any different t~om those expected if the two
lots were each of the required minimum size.
Has the alleged difficulty been self-created?
( X )Yes
( ) No
This is the minimum that is necessary and adequate, and at the same time will preserve and
protect the character of the neighborhood and the health, safety and welfare of the commu-
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
Sworn to before me this ...~5~. ...... day of ..... .0..0..~...e~. .......... ,2001.
..... t En. ..... ,
'" ~1 ForOmce use Only: Fees ~e&('~'' ,~2~/a/ ' Assigned No.
TOWN OF SOUTHOL~ 'YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
DATE OF BUILDING INSPE~OR'S DECISION APPEALED: ........ ~..~L..~.9~.~ ........................
TO THEZONING BOARD OF APPEALS: I (We) .~e~cas..~=..~Z~..S~...[~c
(Appellanf)
of..~..~..~J.?.,..fi~.%~..~..!~.~.~. .......................... (Te~ e ~4-5800
HEREBY APPEAL THE DECISION OF THE BUILDING INSPECTOR D~TED~.~ .........
WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED....~7./.O~.... FOR:
( ) Permit to Build BRIARCLIFF SOD (FITZGE~LD) 4985
( ) Permlf for Occupan SUBDIVIDE LAND - 2 UNDERSIZED LOTS
( ) Permit to Use MAIN RD PEC 97-10-1,85-3-12.1 & 12.2 AC ~JUL
( ) Permit for As-Built
1 Location of Pro-e,-I~ ...J~.in .R..o.a.d.A .P.e.c.o.n..1.a ..
,' ", ..................................................... -one .: .......
Disiflcf 1000 Section .~5.....Block ~ LoFsk 1..2.: 1. & 1 2.2 r- ..... ~ ~,,,.,_; Br±~cl±£f 5od ~ Tnc.
97 :f ~'" · / 'J ........................ ,., ...................... ..
2. Provision of the Zoning Ordlnance Appealed. (Indicate Article, Section, Subsection
and paragraph of Zoning Ordnance by numbers. Do not quote the I~w.)
Article .[ZZ.. Section 100- ..~.~.....Sub-Section ..............
3. Type of Appeal. Appeal is made herewith for:
(~) A Variance fo fha Zoning Ordinance or Zoning Map
( ) A Variance due to lack of access as requlred by New York Town Law
Chap. 62, Cons. Laws AH. 16, Section 280-A.
( ) Interpretation of Article .......... Section 100-. .................
( ) Reversal or Other:. ..... : ..........................................................................................
4. Previous Appeal. A previous appeal ~f~][ (has not) been made with respect to this
property or with respect to fhls decision of the Building Inspector (Appeal # ...... Year ....... ).
REASONS FOR APPEAL (Additional sheets rrlay be used with aoDllcant's signature):
AREA VARIANCE REASONS:
(1) An undesirable change wlll not be produced In the CHARACTER offhe nelghborhood
or a detriment fo nearby properties, if granted, because:
See attached sheet for all responses.
(2) The benefit sought by the applicant CANNOT be achleved by some method feasible
for the appllcanf fo pursue, other than an area variance, because:
(3) The amount of relief requested is not substantial because:
(4) The variance will NOT have an adverse effect or Impact on the physical or
environmental conditions In the neighborhood or dlstrlct becauso:
(5) Has the alleged difficulty been self-created? ( ) Yes, or ( ) No.
This Is the MINIMUM that is necessary and adequate, and at the same time preserve and
protect the character of the neighborhood and the health, safety, and welfare of the
community.
( ) Check this box if USE VARIANCE STAND~r'DS~,e coat,ct
Sworn to before me this o?~' {Slgg/ature of Ap~Jlal
/--7 d~y of,..~9.9.C/~' ........ 20~/. (~jilGnf must submit
~AApp Notary Public O8/00
JANE R MINERVA
NOTARY PUBLIC, State of New York
No. 4853[08. Suffolk County /.
~Ililm~n Explra~ February l&
~r Au~ori~d Agent)
~orization from Owner)
9uEsTIoNNAIRE
FOR FILII~G WITH YOUR Z.B.A. A~PLICATION
A. Please disclase the names of the owner(s) and any ether
individuals .(and entities) having a financial interest in the
subject pr~mJses and a description of their interests:
(Separate sheet may be attached. }
Briar¢liff Sod, Inc. Owner
~rank Cich~nc:.;ic_" ~,n~? p~i dent
B. Is the ~ubject pr-m~es 1,~-~ted on the real estate market for
sale or being shown to prospective buyers? { } Xes
{X } No. (If Yes, please attach ¢oDf of "conditions" of sale.)
C. Are there aay propos-!~ to change or alter land ccatou~..s?
{ } Yes
1. Are there any areas which ¢on~ weel~-d grasses? No
~. Are the wetland areas shown on the' map s~hm{tted with
e~ s application? ~ '
3. Is the proper%F buJ_kheaded- between the wetlands a~ea and
the ~Pland bu~16{-~g are&? N/A
4. If your propeaLx con~{-~ wetlands or pond areas, have
you contacted the Office of the' Town Trustees for its
determination of jurisdiction? N/A
E. Is there a depressioa or sloping elev~tion near the area of
'proposed construction at or below five fee= above mean sea
· level? No.. (If .not applicable, state "N.A.")
F. Are there any patios, concrete barrie_~, b-lkheads or fences
which exist and are not shown on the ~-vey map that you are
.~,~t~-g? No If none ex/~t, please state "none."
concerning Four pr-m~e~? No If ~es, please m,~,~t a copy
· of ~our b~il~-g p-~-~t and map as approv=d by the Building
Dependent. If ,one, please state.
H. Do you or any co-owner -lco own other land close to eh~
parcel? No If yes, please exD~-~n where or ~-~t copies
of deeds.
Please '-ilat present use or operations conducted at eM~ s
p~cel A~ricul%ure(sod )
pr~s~ ~e A~ioul~ure~ plus ~wo reslGences .~ ~=' :~
~7, Zo/go~ L _
14-1~-4 (2/8T)--Text 12
-PROJECTI.D. NUMBER.
617.21 SEQR
Appendix C
State Envlrenmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
1. APPLICANT/SPONSOR 2. PROJECT NAME
James E. Fitzgerald, Jr. Briarcliff Sod, Inc. Subdivision
3. PROJECT LOCATION:
Municipality ?econic County Suffolk
4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map)
See attached maps. ·
5. IS PROPOSED ACTION:
~New [] Expansion [] Modification/alteration
6. DESCRIBE PROJECT BRIEFLY:
Subdivide one approximately 24.97 acre parcel into four smaller
parcels.
7. AMOUNT OF LAND
,n/t~a,y 24 · 97 aces Ultimately 24.97 acres
8. WILL PRO~-Q~, ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe briefly
Some lots are smaller than minimum size per zoning regulations.
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
[] Residential [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open space [] Other
Describe:
Adjoining properties are used for agriculture. Medium-size
residences are nearby.
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,
STATE OR LOCAL)?
[] Yes [~ NO If yes, list agency(s) and permit/approvals
Southold ZBA, Southold Planning BOard, Suffolk County Health Dept.
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes ~ No If yes, list agency name and permit/approval
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
[] Yes ~ No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
James E.~_~ilzgerald, Jr.
. -~ Prope~rT/~mit Services 2 01
S,gna,.re:
~,he action I. In the Cos.ts Ar.., and ~0. area state agency, com.l'{~[~.
OVER
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NEW YORK
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ELEVATIONS SHO!AIN REFERENCE
SUPPOL'K COUNTY TOPO ivlAPS
· ST A ,'r--.E POUND
· POST POUNE)
APPEALS BOARD MEMBERS
Ruth D. Oliva, Chairwoman
Gerard P. Goehringer
Lydia A. Tortora
Vincent Orlando
James Dinizio
BOARD OF APPEALS
TOWN MEMO
TO:
Planning Board, Mark Terry
FROM:
Ruth Oliva, Chairwoman, Zoning Board
DATE: May 10, 2004
SUBJECT: Request for Comments
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1809
ZBA Fax (631) 765-9064
htlp ://southoldtown.northfork.net
The ZBA is reviewing the following application for a May 20, 2004 public hearing.
Enclosed please find the Notice of Disapproval and ZBA application. The Planning
Board may be involved regarding a pre-submission review under the site plan
regulations of the Zoning Code.
The file is available for review at your convenience.
NAME TAX#/ ZBA BD NOD VARIANCE PLANS PREPARER
ZONE DATE/S DATE
BRIARCLIFF 85-3-12.2 4985 5/2/01 LOT SETOFF- 12/24/03 J. EHLERS,
R40 4/26/04 INSUFFClENT SURVEYOR
SIZE LOTS
Your comments are appreciated.
Thank you.
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
APR ~ 7 2004
DATE: April 26, 2004
TO: James Fitzgerald A/C Briarcliff Sod
PO Box 617
Cutchogue, NY 11935
Please take notice that your application dated April 23, 2004
For a permit for a lot set off {subdivision) at
Location of property 38920 Main Road, Peconic, NY
County Tax Map No. 1000 - Section 8~5 Block 3~ Lot 12.2
Is returned herewith and disapproved on the following grotmds:
The proposed lot set off is not permitted pursuant to Article IIIA Section 100-30A.3, which states;
"No building or premises shall be used and no building or part thereof shall be erected or
altered in the Low Density Residential R-40 District unless the same conforms to the
requirements of the Bulk Schedule and of the Parking Schedule, with the same force and effect
as if such regulations were set forth herein full."
The minimum lot size required in the AC District, according to the bulk schedule, is 80,000 square
feet, the minimum required lot width is 150, and the minimum depth is 175 feet.
The proposed lot set offwould create two non-conforming lots that measure 74,336 square feet,
respectively.
Auth~'rized Signature
Note to Applicant: Any change or deviation to the above referenced application, may require
further review by the Southold Town Building Department.
CC: file, Z.B.A.
Applicant: Briarcliff Sod, Inc.
REASONS FOR AREA VARIANCE:
1. An undesirable change will NOT be produced in the character of the neighborhood or a det-
rimem to nearby properties, if granted BECAUSE:
The surrounding properties are devoted to agricultural pursuits. The nearest ex/sting residen-
tial lots are 1.1 acres in size; the proposed lots will each be more than 1.8 acres. No additional
development is proposed for Lot #4, which is an anomaly.
2. The benefit sought by the applicant CANNOT be achieved by some method, feasible for the
applicant to pursue, other than an area variance BECAUSE:
The development rights to the surrounding land, Lot No. 3 of the proposed subdivision, have
been transferred to Suffolk County. The County will not return the development fights to any
portion of Lot No. 3, and so the land to be d;vided into two residemial building lots (Lots No.
1 and 2) cannot be increased in size. If the variance is not granted, the owner will suffer a se-
vere financial burden by reason of being able to seh ,;fly one building lot.
3. The mount of relief requested is not substantial BECAUSE:
The property in question is in the A-C District, for which the regulations specify a minlrtlum
lot size ors0,000 square feet. Each of Lots No. 1 and No. 2 are 74,336 square feet in size: The
difference is slightly more than 7%. The "amount of relief' test should not be applied to the
anomalous Lot ~4 which is proposed only bemuse the County did not want it and the existing
barn on it included in the transfer of development rights agreemem.
4. The variance will NOT have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or d/strict BECAUSE:
.FT~r~ srn~l, ,d.efi.cien,cy ,in !ut .size will no~t be noticeable mainly because of the relativel hr e
uposeu ~ot szze, mt akso ~canse otthe smaller lot s~zes of the closest residential ~ts. ~he
impact on environmental conditions wifl not be any different from those expected if the two
lots were each of the required minimum size.
5. Has the alleged difficulty been self-created?
( X )Yes
( ) No
This is the minknum that '
~s necessary and adequate, and at the same time will preserve and
protect the character of the neighborhood and the health, safety and welfare of the commu-
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
/)'roper-T Perrm't Servic~
Sworn to before me this ~ ~, ~4 ~ ~ .~,, ~ ~
................ uay or ..... .~.E y...~ ........ ,2001.
York
~u~t
~or Grace us-e Only: Fees ' ~e~,~,?~/o/ " Assigned No.
TOWN OF SOUTHO~YORK
'APPEAL FROM DECISION OF BUILDING INSPECTOR
DATE OF BUILDING INSPECTOR'S DECISION APPEALED: ........ .~.~....2.1....2..0..0.! ........................
James E. Fitzgerald, Jr./Proper-T Permit
TO THE, ZONING BOARD OF APPEALS: I (We) .Se~ices..~c~n..]~'.Le~2L~££..So~,..Tnc.
(Appellant)
of...~..D~;~..~.].?.,...Q.'~.~.~hp.g~.e.....~.....1..1.~.~.~. .......................... (Tel # 734-5800 ]
HEREBY APPEAL THE DECISION OF THE BUILDING INSPECTOR D TE . ,5../.20J
_A. D._,, ...... .........
WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED.::.~'~;~:~:~).~..]..'~'~FOR:
( ) Permit to Build RECEIVED
BRIARCLIFF SOD (FITZGERALD) 4985
(,) Permit for Occupan SUBDIVIDE LAND - 2 UNDERSIZED LOTS
( ) Permit fo Use MAIN RD PEC 97-10-1,85-3-12.1 & 12.2 AC ~JUL 1 ~ 200~
( ) Permit for As-Built
(X) O~her. Approval to Subdivide ~mom ~ewn
1. Location of Prope .... .LM.~..~_.n..R..o.a.d.~ .P..e..c. onic
............ ~ ~ "· ~"~,'"~''"~'~.'".:.. ............................ ... ~v..~ .~. ...
u~smcr ~uuu Secflon..~.. ,Bloc~"~ '~'o~Z<~ ~ ~. ~ m ~ z. z c,,~.* ~..; Brzarcliff Sod- Inc.
2. Provision of the Zoning Ordinance Appealed. (Indicate Article, S?cflon, Subsection
and paragraph of Zoning Ordnance by numbers. Do not quote the law.)
AHlcle .ZZ~.. Section 100- ..3.3.....Sub-Section ..............
3. Type of Appeal. Appeal Is made herewith for:
(X) A Variance fo the Zoning Ordinance or Zoning Map
( ) A Variance due to lack of access as required by New York Town Law
Chap. 62, Cons. Laws Art. 16, Section 280-A.
( ) Interpretation of Article .......... Section 100- ~ .................
( ) Reversal or Ofhen ..... ~ ................................. ].,.. ..................................................
4. Previous Appeal. A previous appeal ~ (has not) been made with respect to this
properly or with respect to this decision of the Building Inspector (Appeal # ...... Year ....... ).
REASONS FOR APPEAL I'Additional sheets may be used with a=ollcant's slanature):
.AREA VARIANCE REASONS: .
(1) An undesirable change will not be produced In the CHARACTER of the neighborhood
or a detriment fo nearby properties, If granted, because:
See attached sheet for all responses.
(2) The benefit sought by the applicant CANNOT be achieved by some method feasible
for the applicant to pursue, other than an area varlance, because:
(3) The amount of relief requested is not substantial because:
(4) The variance will NOT have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district becauso:
($) Has the alleged difficulty been self-created? ( ) Yes, or ( ) No.
This Is the MINIMUM that is necessary and adequate, and at the same time preserve and
protect the character of the neighborhood and the health, safely, and welfare of the
community.
Swo '
rn to before me this ~ (Sl~ o~p~l~r Au~o~d Agent)
~ d~y of,..~.U.~. ....... 20~/. (~nf must su~lf ~zaflon kom Owner)
// No~ Public
~A App ~JO0
JANE ~. MINERVA
~0TARY PgBLIC, S~te 0f New York
N0. 48531~, Suffulk County /. _
FOR FILING WITa YOUR Z.B.A. APPLICATION
A. Please disclose the names of the owner(s) and any other
individuals .(and entities) having a financial interest in the
subject pr-m~ses aad a descriptio~ of their interests:
(Separate sheet may be attached. }
Briarcliff Sod, Inc. Owner
B. Is the subject pr~mi-~es !~-~te~ oS the real estate market ~or
sale or beinq shown to prospective b~yers? { } Yea
{ X } No. (If Yes, please attach copy of "conditions" of sale. ]
C. Are there any proposals to change or alter lan~ contou=s?
{ } Yes {x]. "
1. Are there any areas which ¢on~n~n we~l~nd grasses? ~o
2. Ar.e the wetlazld areas shown on the' ~/ap s~m!tted wi'th
~s application? ~ '
3. ~s th.e prope~z' bu3~eade~. ~.etwe~ the wet!an~ en.-'ea aud
the upland bv_~a~.~ area~ N/A
~. If your p=ope~'Cz ¢o~e~.~ w~tlandm or pond areas, have
you contacted the Office of the' Town T.~tees for its
determ4n~tion of jurisdiction? N/A
E. Is there a depression or sloping elevation near the area of
'proposed construction at or below five fee~ above mean sea
level? No-. (If .nat applicable, state "N.A.")
F. Are there any patios, concrete barriers, bulkheads or fences
which exist an~ are not shown on the ~urve~ map that you are
· submitt/ng? No If ~ne exiat, please state "none."
H. Do you or any co-~rwner ~iso own othar I-n4 olose to ~h~_~
parcel? No If yes, ple~e ~n ~e or ~,~t coPi~
T. Please ~/st present use or operations conducted at eh~ s
~arcel Agricul%ure(sod) .
,nd
proposed ~e Agriculture, plus two reszcences~%~- ~ ~
~7, lO/gO~ - ~ [
PROJECTI.D. NUMBER
617.21
Appendix C
State Environmental Quality Review
SHORT ENVIROhMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
SEQR
PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
1. APPLICANT/SPONSOR 2. PROJECT NAME
James E. Fitzgerald, Jr. Briarcliff Sod, Inc. Subdivision
3. PROJECT LOCATION:
Municipality ~econic County Suffolk
4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map)
See attached maps. .
5. IS PROPOSED ACTION:
[] Expansion [] Modification/alteration
6. DESCRIBE PROJECT BRIEFLY:
Subdivide one approximately 24.97 acre parcel into four smaller
parcels.
7. AMOUNT OF LAND AFFECTED:
Initially 24 · 97 acres Ultimately 24.97 acre,
8. WILL ~RO~SED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] NO If NO, describe briefly
Some lots are smaller than minimum size per zoning regulations.
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
[] Residential [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open space [] Other
De~cttbe:
Adjoining properties are used for agriculture. Medium-size
residences are nearby.
10. DOES ACTION INVOLVE A PERMIT APPROVAL~ OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,
STATE OR LOCAl.)?
[] Yes ~[~ NO If yes, list agency(s) and permit/approvals
Southold ZBA, Southold Planning BOard, Suffolk County Health Dept.
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes ~ No If yes, list agency name and permit/approval
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
[] Yes ~ No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
James E.~itzgerald, Jr.
· Applicant/sponsor name~ Prope~jr'zy ~mit Serv/~es - ~27/01
Signature: ~~!~/
c..,.,........n, w,,, ,.,. ......--,
1
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR oF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFOPJJ-hTION OFFICER
Town Hail, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO:
Southold Town Zoning Board of Appeals
FROM: Elizabeth A. Neville, Southold Town Clerk
DATED: July 17, 2001
Zoning Appeal No. 4985
Transmitted herewith is Zoning Appeal No. 4985 Briarcliff Sod, Inc. by James
E. Fitzgerald, Jr. of Proper~T Permit Services for a variance. Also included is:
transmittal letter from James Fitzgerald dated June 27, 2001; letter of
authorization; Transactional Disclosure Form; Short Environmental Assessment
Form; copy of tax map; vicinity map; ZBA Questionnaire; copy of deed; Notice
of Disapproval dated May 2, 2001; copy of letter to the Building Department from
Fitzgerald dated February 27, 2001; copy of property card; copy of building
application; and survey of Subdivision.
Pro r-T Permit Services
POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617
(516) 734 - 5800
Febmary27,2001
Senior Building Inspector
Building Department
Town of Southold
Town Hall, 53095 Main Road
Southold, New York 11971
Re: Application for Frank Cichanowic7~ SCTM #1000-85-3~12.1] &(l¢.2.)and
Dear Sir:
1000~
Attached is an application for the approval of a minor subdivision of the property of Frank Cich-
anowicz. He proposes to subdivide the existing properties as shown in Suffolk County Tax Maps
and as referenced above into four lots, of which three (Lots #1, #2, and ~4) do not meet the
minimum area requirements for the A-C District.
The development rights for Lot #3 have been transferred.
It is presumed that a variance from the Zoning Re/gulations 'wilt/be required, and the purpose of
this application is to obtain the necessary disapproval from your office.
Enclosures:
Application Form
Application Fee ($25)
Survey 0~hlers, 5/23/97)
cc: Ms. Linda Kowalski, ZBA
a subsidiary of
THE PECONIC EASTERN CORPORATION
TOWN OF SOUTH~I:~J, ~,;W YUKK '~J !
APPEAL FROM DECISION OF BUILDING INSPECTOR
DATE OF BUILDING INSPECTOR'S DECISION APPEALED: ........ .~..~.~...~:.,..2..0..0.~.~ .......................
Je~es E. :Pit~.gerald, Jr./?roper-T
TO THE, ZONING BOARD OF APPEALS: I (We) .Sez~zices..£~T~..l~-~n-~'.~347_£..S~,..I~c.
(Appellant)
of..~..~R~;..6.].?.,...¢.~.tL~.~g~...e.....t~.....1..1.~.~.~. .......................... (Tel # 754-5800 )
HEREBY APPEAL THE DECISION Of THE BUILDING INSPECTOR D TED .... ~/~ .0..~ .......
WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED..'.i~?.~'.~.~...... FOR:
( ) Permit to Build e E ~ E I V E D
(,) Permit for Occupancy
( ) Permit to Use ~JUL
( ) Permit for As-Built
(X) Othen Approval to Subdivide S~umolcl/ownC/el~
Permi
1. Location of Prooedv....~.&.'~.~. ~..o..a..d.~..?..e.9.~nic
District 1000 Secflon..8~D.....Block %..,,,~r,~ 1 ~. 1 & ~ ~. 2 ~,,,,,,,,~ n,,,.~.; Br~_ar~'1'z"F'~' god~ T~a,
97
2. Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection
and paragraph of Zoning Ordnance by numbers. Do not quote the I~w.)
Article .IZI. Section 100- ..~.~.....Sub-Sectlon ..............
3. Type of Appeal. Appeal Is made herewith for:
(X) A Variance to the Zoning Ordinance or Zoning Map
( ) A Variance due to lack of access as required by New York Town Law
Chap. 62, Cons. Laws Art. 16, Section 280-A.
( ) Interpretation of Article .......... Section 100-. .................
( ) Reversal or Other. ..... : ..........................................................................................
4. Previous Appeal. A previous appeal ~ (has no~) been made with respect to this
property or with respect to this decision of the Building Inspector (Appeal # ...... Year ....... ).
REASONS FOR APPEAL fAddffional sheets may be used wlth aoollcanrs slanature):
AREA VARIANCE REASONr::
(1) An undesirable Change will not be produced in the CHARACTER of the neighborhood
or a detriment to nearby properties, If granted, because: '
See attached sheet for all responses.
(2) The benefit sought by the applicant CANNOT be achleved by some method feasible
for the applicant fo pursue, other than an area variance, because: .
(3) The amount of relief requested is not substantial because:
(4) The variance will NOT have an adverse effect or Impact on the physical or
environmental condffions In the neighborhood or district becauso:
(5) Has the alleged difficulty been self-created? ( ) Yes, or ( ) No.
This is the MINIMUM that is nec&ssary a~'d adequate, and at the same time preserve and
protect the character of the neighborhood and the health, safety, and welfare of the
community.
() Check this box if USE VA;lANCE STAND~~~.
., .~, ..... .~v.v.,.~, ........ zuD/. (~.¢ent rnusf submit ~¢t~oriZaflon from Owner)
JANE R. MINERVA
NOTARY P~JSLIC, State of New York
No. 4853108. Suffolk County /~.~..
API*LICANT
The Town of Soutl]old,s Code of Etilics prohibits conflicts or
interest on the part of town of£icers and employees. The
purpose Of this form is to provide information which call
alert the town of possible conflicts o£ interest and allow
it to take whatever action is necessary to avoid same.
YOUR NAMEs
BRIARCLIFF SOD, INC.
(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 person's or company's name.)
NATURE OF APPLICATIONs (Check all that apply.)
Tax Grievance
Variance X
ChanGe of zone
Approval of plat
Exemption from plat or official map
Oilier
(If "Other," name tile activity.)
Do you personally (or thro{sgh your company, epotmne,
parent, or child) have a rela%tonnhip with any officer or
employee of the To=n o~ Sou]hold? "Relationship-
by blood, marria~e, or beeineen ~ntere~. 'Buelneee
interest" means a business, inclndln~ a partner~hip,
-htch the to~n officer or empleFee hue even a
ownernhip o~ (or employment by) a corporation in ~h[ch
the town officer or employee owns more than 5% o~ tile
~hares.
YES NO ~.~/
If you answered "YE~," ~omplete tile balance o~ tills form and
date and sign where indicated.
Name of person employed by tile Town of Southold
Title or position of that person
Describe the relationship betweeml yourself (the bppltca,,t)
and tile town officer'or employee. Either check tile
appropriate line A) through D) silO/or describe in the spac~
provided. '
The town officer or employee or his or her spouse, sibling,
parent, or child is (check all that appiy)~
A) the owner of greater than 5% Of the shares of the
corporate stock Of tile applicant (when ti~e applicant
iS a corporation);
B) the legal or beneficial owner o~ any interest in a
nonuorporate entity (when the applicant *~ not a
corporation) ~
_ C) am off~cer, director, partner, or employee of the
applicant ~ or
D) the actual applicant.
DESCRIPTION OF RELATIONSIIIP
Print name
r, itted t ~t~~ 199_
na ]tare
P~ank JichanowiO~'~'''~''~
BRIARCLIFF SOD, INC.
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
TO
James Fitzgerald A/C Briarcliff Sod Inc
PO Box 617
Cutchogue NY 11935
MAY I I
DATE; Ma,/' 2, 2001
Please take notice that your application dated February 27, 2001
For permit for subdivision of land
Location of property Main and Leslie Rd. Peconic
County Tax Map No. 1000 - Section 85
97
Block 3 Lot 12.1 & 12.2
Subdivision Filed Map # Lot #
Is returned herewith and disapproved on the following grounds proposed subdivision not permitted
pursuant to Article m Section 100-33 which states
No building or premises shall be used and no building or part thereof shall be erected or altered in the
A-C, R-80, R-120, R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and
Parking ScheduleEN incorporated into this chapter with the same force and effect as if such
regulations were set forth herein full.
Bulk schedule requires minimum lot size of 80,000 square fee 'n this (AC) zone
Authon~o~ll Signature
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
~' ~OUTHOLD, NY 11971
] TEL: 765-1802
BUILDING PERMIT APPLICATION CHECKLIST:
"~'~"-'"~ Do you have or need the following, before applying?:
Examined ,20.__
ApProved '/-~' /20.__
D~sapproved a/q~
· - PERMIT NO.
Board of Health?
3 sets of Building Plans
Survey.
Check
Septic Form
N.Y.S.D.E.C.
Trustees
Building Inspector
APPLICATION FOR BUILDING PERMIT
Date ?eh 27 ,2631
INSTRUCTIONS
a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3
sets of plans, accurate plot plan to sa!e. Fee according to schedule.
b. Plot Flan shtwihg location of lot ahd of buildings on Prtmises, relationship to adjoining premiSes or l~ublic streets or
areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this application.
c. The work covered by this application may not be commenced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit
shall be kept on the premises available for inspection throughout the work.
e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy
shall have been granted by the Building Inspector.
APPLICATION IS HEREBY MADE to the Building Depaxhnent for thb issuanc~ of/r Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or
Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The
applicant agrees to comply with all applicable laws, ordinances, building coz
authorized inspectors on premises and in building for necessary inspectionS.
a corporation)
Box 617, Cutchogue NY 11935
(Mailing address of applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder
Applicant is the agent of the owner.
Name of owner of premises
Briarcliff Sod, Inc.
(as on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer
(Name and title of corporate officer)
Builders License No.
Plumbers License No.
Electricians License No.
Other Trade's License No.
bv~.~tlUll Vi li~.llld VII wlliun proposcu WOrK Wlll DO OOHO~ ·
No ~ Main Road / No ~ L ie Road, Peconic
~use N~b~r' S~eet
County Tax Map No. 1000
Subdivision N/A
ame)
Hamlet
85 3 12.1 & 12.2
Section 97 Block 1 ~ Lot 1
Filed Map No. Lot
State existing use and occupancy of premises and intended use and occupancy of proposed construction:
a. Exisling use and occupancy A~ricultural
b. Intended use and occupancy Agricultural and residential
Nature of work (check which applicable): New Building
Repair Removal Demolition
Estimated Cost Fee
If dwelling, number o f dwelling_.qni, ts
If garage, number of cars
Addition
Other Work
Alteration
Minor ~qubdSv~ s~ ~
(Description)
· (to be paid on filing this application)
, ,~ , .,, ~ber of d~tling units on each floor-.
If business, c~mmercial'or mixed occupancy, spe'cify nature and extent of each type of use.
Dimensions of existing structures, if any: Front
Height Number of Stories
Rear
Dimensions of same structure with alterations or additions: Front _
Depth Height. Number of Stories
Depth __
Rear. -
Dimensions of entire new construction: Front
Height Number of Stories
Rear Depth
Size of lot: Front Rear Depth
). Date of Purchase 3/3/81
Name of Former Owner Arthur J. Bu.inowski
. Zone or use district in which premises are situated A-C
Does proposed construction violate any zoning law, ordinance or regulation: Yes
Will lot be re-graded No
Briarcliff Sod, Inc.
Names of Owner of premises
Name of Architect
Name of Contractor
Will excess fill be removed from premises: YES NO
Main Road, Peconic 765-1220
Address Phone No.
Address Phone No
Address Phone No.
; Is this property within 300 feet of a tidal wetland? *YES' NO XX
· IF YES, SOUTHOLD TOWN TRUSTEES PERMITS MAY BE REQUIRED
· Provide survey, indicate scope of project, to scale, with distances to property lines.
· If elevation at any point on property is at 10 feet or below, must provide topographical data on survey.
'ATE OF NEW YORK)
SS:
)UNTY OF SuffolM
James E. Fitzgerald, Jr. being duly sworn, deposes and says that (s)he is the applicant
(Name of individual signing contract) above named,
,He is the agent
(Contractor, Agent, Corporate Officer, etc.)
said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application;
it all statements contained in this application are true to the best of his knowledge and belief; and that the work will be
:formed in the manner set forth in the application filed therewith.
rom to before me this
day of
~lotary Public
2O
signature of Applicant
MINOR SUBDIVISION
Prepared For:
Frank Chichanowicz
SmJATE: PECONIC
TOWN: SOUTHOLD
IFFOLK COUNTY, NEW YORK
S PAF?-C-EL IAIILL AF'P~AP-- IN
iT. IOOO SEC.. q-f BLOCK IO
'.VEYEP: MAY 2D, Iqq-/,
>ATED JULY DO, 2001
qEt~ ~- APPLIGANT:
~.NK C, HIOHANOldlC-Z
> LUREN PP. IVE
'C-HO®UE, N.Y. Iiq55
T AEEA.6:
TI
T2 =
rD =
1'4
TAL =
MINOR SUBDIVISION
Prepared For:
munrc wv SOD, INC.
SITUATE: PECOmC
TO~: SO--OLD
]SUFFOLK COIJNTY, NEW YORK
SUFFOLK COUNTY' TAX LOT NUIv'BRP-.S
IOOO clx - IO I
IOOO - SD 5 - 12.2
APPLICANT:
LOT AREAS:
LOT I
LOT 2 :
LOT 5 =
TOTAL
LOCATION DIAGRAM
SUi*YOLK COUNTY DEPARTMENT OF HEALTH SERVICES
Hauppange, New York
This is to certify that the proposed Realty Subdivision or Development
for in the
with a total of lots was
approved on the above date. Water Supplies and Sewage Disposal
Facilities must conform to construction standards in effect at the time of
construction and are subject to separate permits pursuant to those
standards. This approval shall be valid only if the malty
subdivision/development map is duly ffled with the County Clerk within
one year of this date. Consent is hereby given for the filing of this map
on which this endorsement appears ia the Office of the County Clerk in
accordance with provisions of the Public Health Law and the Suffolk
County Sanitary Code.
VITO A. MINEI P.E.
Director, Division of Environmental Quality
TYPICAL F~LOT PLAN
TYPICAL I~ELL
not to stole
?0
'e
/
NOTES. JO~ C. EHLERS LAND SURVEYOR
ELEVATIONS SHOPlN REFERENCE
$UPFOLK COUNTY TOPO MAPS
STAKE POUND
· POST FOUND
GRAPHIC SCALE I"- IOO
0 ~00 200
300
6 EAST MAIN STREET
RIVERHEAD, N.Y. 11901
369-8288 Fax 369-8287
N.Y.S. LIC. NO. 50202
REF-\LItp server~d~PROSL20-128A.pro