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HomeMy WebLinkAbout4264 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O, Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Appl. No. 4264. ACTION OF THE BOARD OF APPEALS Upon Application of JAMES and MARY ANN ABBOTT. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of proposed lot-llne change between two existing substandard parcels, which as modified will contain insufficient lot area and width (with no increase in dwelling density.) Location of Property: 8740 and 8810 Pecohic Bay Boulevard, Laurel, NY; County Tax Map Parcels No. 1000-126-5-Lots 2 and 3. WHEREAS, an application was made to the Building Inspector for permission to change lot lines and a Notice of Disapproval was issued on August 11, 1994 by the Building Inspector on the grounds that under Article IIIA, Section 100-30A.3, the lots will each have insufficient width and area as re-divided; and WHEREAS, on August 11, 1994, this area application concerning lot area and width for each of the two parcels was filed together with a single-and-separate aearch prepared by Commonweath Land Title Insurance Company; and WHEREAS, after due notice, a public hearing was held by the Board of Appeals on September 7, 1994, at which time all those who desired to be heard were heard and their testimony recorded (and no opposition was submitted); WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally familiar with the premises in question, its present surrounding areas; and viewed and are zoning, and the WHEREAS, the Beard made the following Findings of Fact: 1. This is an application concerning two parcels of land, each as moro particularly shown on the June 24, 1994 survey map prepared by Roderick VanTuyl, P.C. from which the following information was obtained: Page 2 - Appeal No. 4264 Decision Rendered September 7, 1994 Matter of JAMES and MARY ANN ABBOTT a) Parcel 1 consists of a total lot area of 27,750 sq. ft., as exists, and is referred to as Tax Map Number 1000-126-5-3 as conveyed April 1, 1980 to James M. and Maryann Abbott; b) Parcel 2 consists of a lot area of 35,090 sq. ft. as exists, and is presently referred to as County Tax Map Number 1000-126-5-2 as conveyed January 9, 1922 to Warren H. Thompson (last record owner shown on title search). 2. By this variance application, appellants are requesting permission to re-draw the center division line as shown on the Sketch Map prepared by William R. Simmons III, licensed land surveyor, March 2, 1993 and amended June 25, 1994, which shows: a) Parcel 1 will change from 27,750 sq. ft. to 32,190 sq. ft. of area, and from 50.03 feet to 75.30 feet in lot width; b) Parcel 2 will change from 35,090 sq. ft. to 31,450 sq. ft. in area, and from 100 feet to 75 feet in lot width; 3. This property is located in the R-40 Low-Density Residential Zone District which requires 40,000 sq. ft. of lot area per new lot to be created (Article III, Section 100-30A.3, Bulk Schedule applicable to the R-40 Zone District). Since the two lots are substandard in size as exist (before this proposed change in the lot division line), an area variance is required to reduce the lot area of one while at the same time increasing the lot area of the other. A single-and-separate search was submitted to show that these two lots were existing in single and separate ownership since prior to enactment of one-acre zoning in 1971. Each of the two lots is improved. 4. The percentage of relief sought by this application is zero for the reason that there is merely an exchange in lot size between Lot 1 and Lot 2 - without any other conveyance or split, and there is no increase in density or affect on the total area of the lots (combined total). 5. In considering this application, the Board also finds and determines: (a) the relief as granted is not substantial in relation to lots established in the close vicinity of this property and does not create increased lot density; (b) the circumstances are uniquely related to the property and there is no method feasible for appellant to pursue other than a variance; Page 3 - Appeal No. 4264 Decision Rendered September 7, 1994 Matter of JAMES and MARY ANN ABBOTT (c) the relief requested will not cause a substantial effect on available governmental facilities; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring preperties; (e) the relief sought by applicant cannot be achieved by a method other than an area variance; (f) the proposed variance will not have an adverse effect or impact on the physical or environmental conditions in this neighborhood or zone district - the new location of the division line is for record purposes and is not visible to the ]ands; (g) the difficulty is related to the uniqueness of the property and is not serf-created; (h) the relief requested is the minimum necessary to afford relief; (i) in view of the manner in which the difficulties arese, and in considering all the above factors, the interests of justice will be served by the grant of the variances roquested. Accordingly, on motion by Chairman Goehringer, seconded by Members Villa and Dinizio, it was RESOLVED, to GRANT the relief as requested under Appeal No. 4264 (and described above) in this re-adjustment of lot lines for two substandard parcels, shown as Lot I and Lot 2 on the survey map prepared by William R. Simmons III amended June 25, 1994 (originally surveyed March 2, 1993). Vote of the Board: Ayes: Messrs. Doyen, Goehringer, Dinizio, and Villa. (Member Wilton was absent.) This rosolution was duly adopted. ~ ~ ~ / GERARD P! GOEHR4'NGER, Ct~AIRMAN -- Town Clerk, Town of APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY~ SEPTEMBER 7~ 1994 commencing at the times specified below: 1. 7:32 p.m. Appl. No. 4265 - PETER DeNICOLA. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for permission to construct deck addition to existing dwelling with a setback at less than the required 40 feet. Location of Property: 1694 Chablis Path, Southold, NY Lot #7 on the Map of Chardonnay Woods; County Tax Map Parcel No. 1000-51-3-3.7. The subject premises cont~in.~ a total lot area of 40,000 sq. ft. 2. 7:35 p.m. Appl. No. 4265 - MICHAEL LIEGEY. VariAnce to the Zoning Ordinance, Article XXIV, Sections 100-241 and 100-243 for permission to renovate, repair and reinstate single-family dwelling use on a substandard parcel. Zone District: Hamlet-Business (HB). Location of Property: South Side of Mzin Road (S.R. 25), Southold; County Tax Map Parcel ID No. 1000-61-4-7.1. Page 2 - Legal Notice Regular Meeting of September 7, 1994 Southold Town Board of Appeals 3. 7:40 p.m. Appl. No. 4257 - OSPREY DOMINION CO. and FREDERICK KOEHLER~ JR. This is an application requesting a Special Exception for approval of a new winery establishment in two existing farm buildings for the production and sale of wine produced from grapes prhnarily grown in the vineyards on which such winery is located. Location of Vineyards and Winery Establishment: 44075 Main Road (State Route 25), Peconic, NY; County Tax Map Parcel No. 1000-75-1-20. The entire promises contains 50.8 acres located in the Agricultural-Conservation (A-C) Zone District. 4. 7:45 p.m. Appl. No. 4264 - JAMES and MARY ANN ABBOTT. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of proposed lot-line change between two existing substandard parcels, which as modified ~ contain area and width (with no increase in dwelling density.) Property: 8740 and 8810 Peconic Bay Boulevard, County Tax Map Parcels No. 1000-126-5-Lots 2 and 3. insufficient lot Location of Laurel, NY; 5~. 7:50 p.m. Appl. No. 4263 - MARY ANN LAHMANN. Variance to the Zoning Ordln~nce, Article XXIV, Section 100-244B for a review of a single-and-separate search and determination that the Town wili recognize thi.~ substandard lot as a distinctly separate parcel for the purposes of zoning. This is not a subdivision project and will be only a determination pertaining to a non-merged or merged · "Page 3 - Legal NoticeO Regular Meeting of September 7, 1994 Southold Town Board of Appeals status. Location of Property: 775 Knollwood Lane, Mattituck, NY; County Tax Map Parcel No. 1000-107-6-6. The Board of Appeals will at said time and place hoar any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review any of the above files or would like to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: August 16, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski X FORNNO. 3 ~ TO~/N OF SOoTHOLD BUILDING DEPARTHENT SOu~uOLD, NOTICE OF DISAPPROVAL To ...~!~.k~..m~.!.~!~.kl~..a~..~.~.~l~i.~ James & Nary Ann Abbott P.O. Box 1424 PLEASE TAKE NOTICE that your application dated .... ~u.~.~ ....... 19..~.. for permit to .... ..C~...C~..~!.~.I~. .................... Location of Property 8740 & 8810 Gr. Peconlc Bay Blvd. Laurel, N.Y. House No. Street Hamlet 'County Tax Hap No. I000 - Section 126 .. BLOCK 5 LOT ...~.~.~ Subdivision .............. Filed Hap No Lot No . is returned herewith and disapproved on the following grounds .............................. UNDER ARTICLE Ilia SECTION 100-30A.3, PROPOSED LOTS #ILL HAVE INSoFFICIENT IglDTH ~ AREA AS RE-DIVIDED. SR THOHAS~ Jg FISHER '' ' - BUILDING~INSPECTOR RV I/80 Garden City Municinnlity TOW. OF YO.K ~,u~rno,a 'I~wn Clerk APP~Z ~-OM DECISION OF BUILDING INSPE~ : .............................. ZONING BOARD OF APPEALS ZOWN OF ~OUTHOLD. N. ~O THE James ~. Abbott and l, (We) .... ~ar~.~a.~bo~ ............................... of ..Z~8..Rfl~k~..6~:....~KUfl~..[~. ............ Name of Appellant Street and Numbar New York ~Knv APPEL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED August 17, j~(~j) WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (XX) James Abbott and Mary Ann Abbott Name of Applicant for permit of 138 Rockaway Ave., GArden City, New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit for lot line change 1. LOCATION OF THE PR~PERTY8.~.~4'~+~8~'8~1~.~.~P~'e~g~'~n~.~.'c~B'~a'~v~B~l~v~t~t~]~ ............ ..~,.Z.~ Street /Hamlet / Use District on Zoning Mop District 1000 Section 126Block 5 Lot 2+3 Applicants ....................................................................... Current Owner Map No. 'Lot No. Prior 0wnerRobert T. and Lorraine Best-3 2. PROVIS,ON (S) OF THE ZONING ORDINANCE APPEALED ¢~4.aj~ci:°~ t~e ~o,gj~ Section, Sub° section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article IliA Section 100-30A.3 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to lock of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~M~tj)~(has not) been made with respect to this decision of the Building Inspector or with respect to this property. ~ U x~ x.~f~ ~ x6~Px~ xi~ x xxxx~-~-~-~-×~x~x¢~ ............................. , ........................................ ( ) jx ) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested f~x~x~o<%~'t:. To equalize the frontage of the two l'ot on Peconic. Bay Blvd. Presently, lot 2 has frontage of 100 feet and lot 3 has frontage of 50 feet. The lot line change applied for will result in each lot having 75 feet of frontage. Form ZBI (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sar HARDSHIP because the lot line change sought which will equalize the frontage as between the two lots is not possible With a strict application of the zoning ordinance and will result in the continuation of the awkward shaped lot and minimal frontage on Peconic Bay Blvd. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because of the particluar shape of the lots involved; .- 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because there is no increase in density merely a shifting of the boundary line between two 'existing lotS. STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK ) Ann Abbott Signature M. Abbo~ct Sworn to this ...................... 25~;h ................ day of ............ ,Iune~ ................................. 19 94 // Notary Pub ic -- ~ v, , .~ ABIGAIL A. WICKHAM No.fy Publ~ 8ta~ of New Yolk No. 62-4~42871. Su~olk County~ TOWN OF SOUTHOLD PROPERTY RECORD CARD ,OWNER STREET ~, '7' ~//() VILLAGE DIST. SUB. V/ LOT ~' '~ FORMER OWNER N E ACR. J , /~O.r",'r.~'TL._ 7~' J~jm~ S W TYPE OF BUILDING RES. ~-IO v; SEAS. VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS 3/Of) ,-2r) O0 /~000 '(L,///~,3, II' AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable I Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD Hodse Plot DEPTH BULKHEAD I ~ Total ' '~ ' ·.~.:.~':',a~,.~ ~ ~ : DOCK .,,~t ~ ~ .' M. Bldg. - ~ ~,~3 0~- Extension / ,' Extension ) ~,.//=- Extension Porch Porch Breezeway Garage Patio O.S. Totel · ~ ~td COLOR TRIM lotion Basement Ext. Walls Bath Floors Interior Finish Fire Place Heat Type Roof Rooms 1st Floor reation Room Rooms 2nd Floor Dormer Driveway inette LR. FIN. B. /d, o o- /at-~-2 TOWN OF SOUTHOLD PROPERTY RECORD CARD )WNER, J STREET ~;~,' ( Ci'~ VILLAGE DIST. SUB. LOT ~ :ORMER OWNER ~ N E ACR. S W ~PE OF BUILDING ~'~,R, 01~ ~ W~, ~ ~.(~ro. ~S. ~ S~S. VL FARM . COMM. CB.' Z.,,~.. ~t V~l,,~ ~K / ~ND IMP. TOTAL DATE REMARKS ~ C~ ~,~ - . ...~:: ~,,6 ~/~J AGE BUILDING CONDITION ~////~ S.~ ~/7~¢¢d ~,~ ~ ~B.~ ~ ~9'~ . - :J ~M Acre Value Per Value liable 1 ~ ~ oodland 'ampland FRONTAGE ON WATER /~ f~ ~ ~shl~nd FRONTAGE ON ROAD ~ ~( ~use ~PIo~ DEPTH ~ / , ' , ' .t ~ DOCK COLOR TRIM M. Bldg. Extension i Extension Exten{ion Porch Porch Breezeway Foundation Basement Ext. Walls Fire Place Type Roof Recreation Room Dormer Driveway t Bath Dinette Floors K. Interior Finish Heat Rooms ]st Floor Rooms 2nd Floor LR. DR. BR. FIN. B. PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Odowski, Jr. Mark S. McDonald Kenneth L. Edwards PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 October 24, 1994 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed lot line change for James and Mary Ann Abbott SCTM#: 1000-126-5-2 & 3 Location: Pec0nic Bay Blvd., Mattituck SEQR Status: Type I ( X ) Unlisted ( ) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This proposed lot line change is to subtract 4,440 square feet from a 35,890 square foot parcel; and add it to a 27,750 square foot parcel. Page 2 SEQRA Negative Declaration - James and Mary Ann Abbott October 24, 1994 Reasons Supporting This Determination: Both lots have existing houses, wells and septic systems, thus there will not be a more intensive use of the property in conformance with zoning. There has not been any correspondence from the New York State Department of Environmental Conservation in the allotted time. Therefore, it is assumed that there are no comments or objections from that agency. The applicant will have to comply with the requirements of the Suffolk County Sanitary Code (SCSC) and all relevant standards of water supply and sewage disposal systems. Design and flow specification, subsurface soil conditions and site plan details will have to be approved by the Suffolk -. County Department of Health Services (SCDHS). This impact is not considered significant due to the anticipated project compliance with established requirements of the SCSC and the SCDHS and the required relevant permits. For Further Information: Contact Person: Robert G. Kassner Address: Planning Board Telephone Number: (516) 765-1938 cc: Langdon Marsh, DEC Albany Suffolk County Dept. of Health Suffolk County Planning Commission Judith Terry, Town Clerk Southold Town Building Dept. Southold Town Zoning Board of Appeals Applicant APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 September 21, 1994 Mr. and Mrs. James Abbott 138 Roekaway Avenue Garden City, NY 11530 Re: Appl. No. 4264 - Variance for Lot Line Change Dear Mr. and Mrs. Abbott: Please find attached a copy of communications from the Suffolk County Department of planning which results from their review under the Suffolk County Administrative Code for projects located within 500 feet of a state or. county highway, estuaries, creeks of the Peconic Bay area,~West Harbor, Fishers Is]gnd Sound, Long Island Sound, and its tributaries. # This copy is for your update and recordkeeping. Very truly yours, Linda Kowalski, Clerk Board of Appeals Enclosure DEPARTMENT OF' PLANNING ~COUNTY OF SUFFOLK ROBERT J. GAFFNEY BUFFOLK COUNTY EXECLrFIVE SEP 2 11994 i[! STEPHEN M. JONES, A.I.C.P. DIRECTOR OF PLANNING September 19, 1994 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) McKenzie, Thomas F. Abbott, James & Mary Ann DeNicola, Peter 4258 4264 4265 Very truly yours, Stephen M. Jones Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Pursuant to Article X/V of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Ccr~nission: ,_ XX __ Variance from the Zoning Code, Article IITA , Section 100-30A'.3 __ Variance from Determination of Southold Town Building Inspector __Special Exception, Article , Section __Special Permit Appeal No: 4264 Applicant: James & Mary Location of Affected Land: 8740 & 8810 Great County Tax Map Item No.: lO00- 12G-5-2 & 3 Within 500 feet of: Ann Abbott Peconic Bay Blvd., Laurel, __' Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant __Within One Mile of an Airport Comments: Applicant is requesting permission.to change lot line. NY Copies of Town file and related documents enclosed for your review. Dated: September /¢, 1994 September 15, 1994 Catherine A. Mesiano, Inc. 12 Mill Pond Lane East Moriches, NY 11940 Re: Appl. No. 4264 - Reduction of Lot Size Due to Lot Line Change Dear Mrs. Mesiano: Please find enclosed a copy of the findings and determination rendered by the Board of Appeals concerning the appHoation filed by you in behalf of Mr. and Mrs. James M. Abbott. Copies of this determination have also been forwarded to the Building Department and Planning Board offices for their updates. Due to the proximity of this project within 500 feet of a waterway, we have transmitted copies of this file to the Suffolk County Department of Planning as required under' the County's Administrative Code. Once they have finalized their review and forwarded their comments to our office, we will transmit a copy of the same to you for your update. Very truly yours, Enclosure Copies of Decision to: Building Department Planning Board Suffolk County Planning Commission Abigail A. Wiekhnm, Esq. l,inda Kowalski, Clerk Board of Appeals PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Mad( S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM: TO: FROM~ Gerard P. Goehringer, Chairman, Zoning Board of Richard G. ;~ard. Chairman RE: Proposed Lot Line Change for James and Mary Ann Abbott Zoning District: Low Density Residential (R40)-~ SCTM# 1000-126-5-2 & 3 DATE: September 1, 1994 This is in response to your request for comments on the above referenced project. The Planning Board is in favor of this Lot Line Change. If the variance is granted by your Board the Planning Board will proceed with the Lot Line Change. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 August 16, 1994 TO: Applicant(s) or their Agent Re: Application before the Board of Appeals We are in receipt of your application requesting a review and action by the Board of Appeals. Your application has been placed on our next hearings calendar of September 7, 1994 and Beard Members are expected to view the area in question prior to the hearing. Enclosed please find a copy of the Legal Notice, as published by our office in the Long Island Traveler-Watchmau, Inc. and Times-Review, Inc. The Legal Notice outlines a generalized description of the project proposed, based upon the building inspector's initial Notice of Disapproval, and indicating the date, time and place of the public hearing on this application. You are requested to appear at the public hearing. If you are not able to appear, you may have a representative who is thoroughly familiar with your property and the proposed project appear in your behalf, or you may request a postponement. The public hearing will not start before the time advertised. Also, you will note that the time between hearings is minimal, however, additional time is always available to you for your presentation, if needed. Please feel free to call our office if you have any questions or wish to update or review your file prior to the hearing date. You may add any documentation to support your appHeation that you feel is apprepl~late. Very tinily yours, Enclosures da Kowalski, Clerk Beard of Appeals PUBLIC HEARINGS NOTICE IS HEREBy GIVEN,{ pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the $OUTHOLD TOWN BOARD OF APPEALS at the Sonthold Town HaH, 53095 Main Road, Southoid, New York 11971, on WEDNESDAY, SEPTEMBER 7, 1994 commencing at thc times specifind below: I, 7:32 p.m, Appl. No. 4265 -- PETER DeNICOLA, Valance to the Zoning Ordinance, Article III'A, Section 100-30A.3 for permission to dwelling with a setheck at less than the required 40 feet. Location of Property: [694 Chablis Path. Sonthold, NY Lot #7 on the Map Of Chardonnay Woods; County Tax Map Parcel No. 1000-51- 3-3,7. ~ subject premises contains a total lot ama of 40,000 ~q. ft. 2. 7:35 p.m. AppL No. 4265 -- MICIIAEL LIEGEY. Variance to the Zoning Ordinance, Article XXIV, Sections 100-241 and 100-243 for per- instat~ single-family dwelling use on-a substandard parcel. Zone District: Hamlet-Business (HB), Location of Property: South Side of Main Road (S.R. 25), Southeld; Counly Tax Map Parcel ID No. 1000~1-4-7.1.' 3, 7:40 p.m. Appl. No. 42~7 -- OSPREy DOMINION CO. ahd FREDERICK KOEHLER, JR. This is an application requesting a Special ExCeplion for approval of a new win- ~ry eslablishment in two existing fnrrn buildings for the production and sale of wine produced fi'om grapes primari- I ly grown in the vineyards on which such winery Is located. Location of Vineyards and Winery E,stablishment: 44075 Main Road (State Route 2:5), Peconic, NY; County Tax Map Parcel No. 1000-75-1-20. The entire PremiSes contains 50.8 acres located in the Ag~¢uhurai-Conservation (A-C) Zone Distdct. 4. 7:45 p.m::Appl. No. 4264 -- Article IliA, Section 100-30A.3 fdr approval of proposed lot-line change parcels, which as modified will con- lain insufficient lot area and width (with no incmaze in dwelling density:) Location of Property: 8740 and 8510 Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcels No. 1000- 126-S-Lots 2 and 3, : . j 5. 7:50 p.m. Appl. No. 4263 [.o..t.h? Zoning Ordinance, Ar ich at thc Town will rec- tinctly separalc pareci for the purpose of zoning. This i~ not a subdivision project and will be only a de. Property 775 Kn~,,., STATE OF $ORK) ) SS: ~of Mattituck, in said County. bein~ duly sworn, nmos tlmt helle is Principal Clerk of THE SUI~OLK TIMF~, a Weekly Newspaper, published mt Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the nnnexed is a printed copy, brai been reg~"lnr- ly published in said Newspaper once each week for _~ week~ successively, ..c~mmencing on the 1 dRyof , . CHRISTINA VOLINSKI /~ · · ~ - , . Notary Pubhc. State of New Yo~k ~' }l A ~A'r~AA I ~')~1~) No. 5~884 ~/ ~'~'~' ......... , Qualified in Surfak ~ .~ ~p~ Clerk The Board of Appeals will at said time and plaCe hear any and all per- re rescfltatives desiring to he also he subm ted prior comn~nts ma~ of the subject hear- lng. Each hea~ng will not start before wish to revicw any of the above Or would like to r~quest more inforcna- tlon. please do not hesitate to call 765- 1809 or visit our office. Dated: AuguSt 16, 1994. BY ORDER OF THE sOUTHOLD TOWN BOARD OF APpEAl.3 GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski 8032- TAul8 . /~'~7 - Page 29-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals HENRY RAYNOR: I have a copy of the old working and I'd be happy to show the revisions ..... MR. CHAIRMAN: Why, why don't we do this Mrs. Draper. Why don't we just recess this for a couple of minutes and we'll have Mr. Raynor show it to you. If you have any specific concerns we'll reconvene it and then you can mention all your concerns at the next meeting. Again, I'm not restricting you in any way, manner or form, at this point. This is, you know, it's, it's an emanating project, it's a large project and you know, you raise some very interesting points. There's no question about it. We've done this before, we know Mr. Raynor is an absolute gentleman and well not absolute, he's a gentleman and I'm sure that he'll explain it to you and then your welcome to come back, in about 15 to 20 minutes and we'll reconvene. VIRGINIA DRAPER: Thank you so much. MR. CHAIRMAN: Your welcome. Hearing no further comment, I'll make a motion recessing for about 20 minutes. MEMBER VILLA: Second. MR. CHAIRMAN: All in favor? MEMBERS: Aye. 8:20 P.M. MR. CHAIRMAN: The next appeal is in behalf of ~-~]{¥~[~N ABI~I~[~F. It's appeal number 4264. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of proposed lot-line change between two existing substandard parcels, which as modified will Page 30-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals contain insufficient lot area and width (with no increase in dwei]ing density.) Location of Property: 8740 and 8810 Peconic Bay Boulevard, Laurel, N.Y.; County Tax Map Parcels No. 1000-126-5-Lots 2 and 3, a copy of the survey prepared by Wiliiam R. Simmons, III, most recent date is amended 6/25/94 indicating the two parcels with the proposed lot-line change. I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody that like to be heard? Ms. Wickham, how are you tonight? ABIGAIL WICKHAM: Abigail Wickham, I'm appearing here for the Abbotts, for the Lahmanns, who are with me tonight. -- BOARD SECRETARY KOWALSKI: MR. CHAIRMAN: No, Abbott. ABIGAIL WlCKHAM: Oh! I'm No, Abbott. sorry, I got a ......... . This parcel is a, consists of two properties which are owned, one by Mr. Abbott, one by Mr. Abbott and his wife. He's merely attempting to straighten out the line between the two to make them both more regular. Actually what you will be doing, we would be doing, create a larger lot for the property on which there are, are more buildings. His intention is to convey the lot which he owns alone on which there's one building located to his brother at the conclusion of this application that he ( ) applications. If the Board has any questions I'd be happy to answer them. MR. CHAIRMAN: approximately a I've know these properties for years having grown up 1,000 feet, 1200 feet from these properties. I don't Page 31-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals have any particular question, I think it's great. I'll lend my discussion to my fellow Board Members there. Mr. Villa, Mr. Dinizio. MEMBER VILLA: I don't have any questions. MEMBER DINIZIO: No, I don't have any questions. MR. CHAIRMAN: Is there anybody in the audience would like to speak either in favor or against this application? I'll offer resolution granting as applied for. MEMBER VILLA: Second. MR. CHAIRMAN: AIl in favor? MEMBERS: Aye.MR. CHAIRMAN: Thank you Ms. WICKHAM. 8:23 P.M. Appl. No. 4263 - MARY ANN LAHMANN. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for a review of a single-and-separate search and determination that the Town will recognize this substandard lot as a distinctly separate parcel for the purposes of zoning. This is not a subdivision project and will be only a determination pertaining to a non-merged or merged status. Location of Property: 775 Knowland Lane, Mattituck, N.Y.; County Tax Map Parcel No. 1000-107-6-6. Copy of a single and separate search. I have a copy of the lot size or in the way of a survey produced by Anthony Lewandowski, most recent date is June 18, 1994. Parcel in question is 124.27 by ]00 approximately and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area and we're ready. NOTICE OF NOTICE IS HEREBY GIVEN, pursuant to Secti6n 267of the Town Law a~d the Code ~ of the..:Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hail, 53095 Main Road, Southold, New York, 11971, on D N E S DAY, SEPTEMBER 7, 1994, commencing at the times specified below: 1. 7:32 p.m. Appl. No. 4265- PETER DeNICOLA. ~'ariance to the Zoning ~Or- . dinance, Article IIIA, Sec- tion 100-30A.3 for permis- sion to construct deck addi- tion to existing dwelling with a Setback at less than the re- quired 40 feet. Location of Property: 1694 Chablis Path, Southold, NY Lot No. 7 on the Map of Chardonnay Woods; County Tax Map Parcel NO- 1000-51-3-3.7..-The subject premises contains a total lot area of 40,000 sq. ft. 2..7:35 p.m. Appl. No 4265- MICHAEL LIEGEY. Variance to the Zoning Or- dinance, Article XXIV, Sec- tions 100-241 and 100-243 for permission to renovate, repair and reinstate single- family dwelling use on a substandard parcel. Zone District: :.~ Hamlet-Business (HB). Location of Property: South side of Main Road (S.R. 25), Southo~d; County Tax Map Parcel ID No.~ 1000-61-4-7.1. ' 3~ 7:40~p.m. Appl. No. 4257: 4OSPREY DOMI- NION~ ; 'CO. and FREDERICK KOEHLER, JR. This is an application re- qgesting a Speciai Exception for approval Of a new winery establishment in two existing farm buildings for the pro- duction and saie of wine pro- duced from gropes primari- ly grown in the vineyards on which such winery is located. Location of Vineyards ahd Winery Establishment: 44075 Main Road (State Route 25), Peconic, NY; County Tax MaP Parcel No. 1000-75-1-20. The entire ises contains 50.8 acres ed in the Agricultural- servation (A-C) Zone District. ~ 4. 7:45 p.m.' A~,No. 4264~XAMES ant~ql~t~y ~ Variance to the Zoning Ordinance, Arti- ,. Cie~ IliA, Section 100-30A.3 for approval of proposed lot- line change between two ~- isting substandard parcels, which as modified will con- tain insufficient lot area and width (with no increase in dwelling density). Location' of property: 8740 and 8810' Peconic Bay Boulevard, Laurel, N~ County Tax Map Parcels No. 1000-126-5~Lots 2 and 3. 5. 7:50 p.m. ApPl. NE. 4263- MARY ANN LAHMANN. Variance t° the Zoning Ordinance, Arti- cle XXIV, SeCtion 100-244B for ~ review of a single-and- separate search and .deter- mination that the Towh will' recognize, this substandard lot as a distinctly'separate parcel for the purposes of zoning. This is not a subdivi- sion project and will be only a determination pertaining to a non-merged or merged status. Location of Property: 775 Knollwood Lane, Mat- tituck, NY; County TaXMap Parcel No. 1000-107-6-6. ~ The Board of APpeals ~ at said time and place hear · any and all persons or representatives desiring to be heard in the above matters. Written comments may aiso ~,.be submitted prior to t~he conclusion of the :subject hearing. Each hearing will 'not start before the times designated above~' If you wish to review any of the above files or would like to request more information, please do not hesitate to call 765-1809 or visit our offic~ Dated: August 16, 1994 BY ORDER OF THE ~. SOUTHOLD TOWN ':!: BOARD OF APPEALS GERARD p. GOEHRINGER " ' CHAIRMAN By: Linda Kowaiski · ~ IX-8/18/94(9l COUNTY OF SUFFOLK STATE OF NEW YORK SS: Patricia Wood, being duly sworn, says that she is the Editor, of thc TRAVELER-WATCHMAN, a publi( newspaper printed at Southold, i~ Suffolk County; and that the notic~ of which the annexed is a printe~ copy, has been published in sai~ Traveler-Watchman once each wee] for ..................... d ....... week: succes~vely, commencing on th~ .... Sw~o~ to before me on thi~ .. %?....day of Notary Public BARBARA A. SCHNEIDER HOTARY PUBLIC, State d New York No. Qualified in Suffolk go~t~ Commission Expires APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD TYPE II August 11, S.E.Q.R.A. ACTION DECLARATION 1994 Appeal No. 4264 Project/Applicants: County Tax Map No. Location of Project: James and Mary Ann Abbott 1000- 126-5-2 & 3 8740 & 8810 Gr. Peconic Bay Blvd., Laurel, NY Relief Requested/Jurisdiction Before This Board in this Project: Re-divide (new 10t line) - Area and width modifications This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an · involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)), this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town.Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc JUDITH T. TERRY 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 (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: Zoning Board of Appeals Office of the Town Clerk August 11, 1994 Zoning Appeal Appl. No. 4264 - JAMES & MARY ANN ABBOTT Transmitted herewith is Zoning Appeal Appl No. 4264 - JAMES & MARY ANN ABBOTT together with a letter from Catherine Mesiano dated August 9, 1994, a copy of the Tax Map, the Notices ot Adjacent Property Owners, the Notice of Disapproval from the Building Department, letters from Commonwealth Land Title Insurance Co. dated May 23, 1994, a Chain of Title for Subject Premises, a copy of a letter from Catherine Mesiano dated August 11, 1994, a letter from the Planning Board to Daniel C. Ross of Wickham, Wickham & Bressler dated July 23, 1993, a letter from Daniel C. Ross dated August 4, 1994, the Zoning Board of Appeal's Questionnaire, the full Environmental Assessment Form, and a copy of the Survey Map. Judith T. Terry Southold Town Clerk August 9, 1994 (I~ATHERINE ~IESIANO, INC. Licensed Real Estate Broker Real Estate Consultant Southold Town Board of Appeals Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: James Abbott and Mary Ann Abbott Variance Application Tax Mgp # 1000-126-5-2 & 3 Gentlemen: Enclosed please find a complete application for a variance to permit a lot line change at the above referenced location. The proposed action will serve to equalize the frontage and area of the existing lots. As illustrated on the enclosed survey, both lots are improved, and no new construction is proposed. It should be noted that the proposed action will not increase the density of the neighborhood. Should you require any additional information, please do not hesitate to call. Very truly yours, Catherine A. Mesiano, President Enclosures cc: Southold. Town Planning Board Southold Town Building D~artment Wickham Wickham & Bressler, P.C. 12 Mill Pond Lane · East Moriches, New York 11940 · 516.878.8951 ~ 3~o 177 ()Id Counlry Road Rivcrhead, NY 119()1 516.727.7760 Fax: 516.727.7818 Commonwealth Land Title Insurance Company CO~NWEALTH LAND TITLE INSURANCE COMPANY does hereby certify to: WicPdnam. Wickheun and E~essler, P.C. /]-~T it has caused a search to be made in the Office of the Clerk of the County of Sl~ffolk, in the State of New York, against the premises described herein and premises ad3acent thereto on all sides from 1-9-22 to date to ascertain the fee chain of title respectinc~ said Premises described herein; and the premises abutting since 9-30-26-andhas found only the returlns as set forth herein on the followlr~ pages as they bea~ on record title; and DOES certify that "the owners of the premises described herein have owned the same in single and sep~trate ownership as defined by law du3ting this period of time, except as otherwise shown herein." THIS Company's liability is limited to One /housand ($1,000.00) li~llars for negligence only. NO policy of insurance is to be issued hereunder. COMMONWEALTH LAND TITL~ INSURANCE COMPANY Assistant Vice F~esident Title ~,mher: RH940699 A Dated: May 23, 1994 Reliance SINGLE ~ARATE SE~R~_~ TITLE NO. RH940699 A C~{AIN OF TITLE FOR SUtkTECT PR]~4Ii~ES 1000 - 126.00 - 05.00 - 002.000 and bei~ Lot No. 2 on a certain map entitled "Map of Property of A.L. Downs" filed on Au~c~lst 14, 1929 in the Office of the Cler~ of the County of Suffolk as Map No. 21. ARTHU~ L. DOWNS AND FLORENCE G. DOWNS, his wife TO WAFIREN H. THOMPSON DA'fk~3: 1-9-22 REC'D: 1-12-22 LIBER 1033 CP 512 WAP3LEN H. TH~N died 7-19-61 a resident of Kings County M3tRION A HOAG, as specific legatee under the Last Will and Testament of Warren H. Thompson, deceased 7-19-61, Surr~ate's Court, Kir~_s County, file No. 5929 1961 LAST RECOPdDOWNER DA'I'k~3:1-23-90 REC'D: 1-23-90 LIBER 11004 CP 29 Riverhead, New York b~orn to before me this NOTARY PUBLIC I~IW II.bite. State of New Y~ 4768970 In S~ffolk Coun~ ~ ~r ~, 19~r CIDMMONWEAL'IH LAND TITLE I N~lfRANCE/C~N ~Y ~/~ TITLE OFFICER SINGLE AND SI~ARATE SEARCH TITLE NO. RH940699 A CHAIN OF TITLE FOR PR~I~ISES ADJAC]~F NO. IH "PECONIC BAY BDULE¥~d)" Riverhsad, New York Sworn to before me this NOTARY PUBLIC ANDREA RIVE Not~Y Public, State of New york No 4768970 ualifled in Suffolk CounW ~ F.3~lr~ 30, SINGLE ~ ~rzMAR~E TITLE NO. RH 940699 CHAIN OF TITLE FOR PFai~ISES ALI3AC~NT EAST 1000 - 126.00 - 05,00 - 003.000 and being_ lot no. 3 on a certazn map entitled, "Map of Property of A.L. Downs" filed on August 14, 1929 zn the Office of the Clerk of the County of Suffolk as Map No. 21. ARTHUR L. DOWNS AND FLORENCE G. DOWNS, his w~fe TO FREDERICK A. THOMPSON DA'I ~3: 12-3-27 REC' D: 12-5-2'7 LIBER 1319 CP 211 FREDERICK A. THOMPSON died 1-22-36 (42 p 36) leaving premises under examination to Sarah A. Ferris. SARAH A. ~r~qRIS d~ed 6-22-58 (639 D 58~ leaving_ premises under examination to Genevieve Moxle¥. GENEVIEVE MOXLEY TO GF~IEVE MOXLEY and JOAN MOX/3CY VICFORIA DK17_D: 6-14-63 R~C ' D: 6-17-63 LIB~ 5364 CP 21 JOAN MOXLEY VICTORIA TO G]D~EVIENE MOXLEY DATED: 1-20-65 REC' D: 1-25-66 LIBER 5900 C? 321 GENEVIEVE MOXLEY TO G]~ORGE W. R. OLSEN and DAISY OLSEN, his wife DATSD: 11-16-67 REC'D: 11-28-67 LIB~ 6263 CP 492 GSDRGE W. R. OLSEN and DAISY V. OI~EN, his wife TO ROBERT T. m~f and LOFAgAINE K. B~.~ D~I~D: 5-22-72 REC'D: 5-24-72 LIBER 7166 CP 0l ROBS~{T T. BF~ and LORRAINE K. BP.%T TO JAMES M. ABBO/T and MARYANN ABBO~q~ DA'I'~3: 4-1-80 REC' D: 4-7-80 LIBE~ 8802 CP 393 LASf RECORD OWNER Riverhead, New York Sworn bo before me this NOTARY PUBLIC Notary P ~, S', ~ New Yor~ NC Term ~,.~ , ,vemD~ , ~9~f SINGLE AND SEi°ARATE 5~ARCH TITLE NO. RH940699 A CHAIN OF TITLE ~OR PRI~4I$~:~ ADJAC~f~F ffJOUTH "PECONIC BAY" Riverhead, New York Sworn to before me this ~57/ NOFARY PUBLIC $IN(~LE AND SEPARATE SEARCH TITLE NO. ~h~ 940699 A CHAIN OF TITLE FOR PI~ISES AL%3ACENT WEST 1000 - 126.00 - 05.00 - 001.000 and beir~ Lot No. 1 on a certaln map entitled. "Map of Property of A.L. Downs" filed on August 14. 1929 in the Office of the Clerk of the County of b~u~folk as Map No. 21. ARTHUR L. DOWNS and FLOf~ENCE G. DOWNS, his wife TO ~I~FHEN A. BEDF.~ I. DA~ED: 9-30-26 t~EC ' D: 9-14-27 LIBER 1294 CT 186 GRACE E. B~D~ 3. and MILTON BED~3. as co-executor and co-trustees under the last will and testament of ~I'k~HEN A. BEDk~.k, late of Hempstead, NY DA/~D: 1-2-62 R~'D: 1-9-62 LIB~ 5108 C? 306 ~r~'HEN L~.~.~ BED~.t. and MILTON P~D~.L as co-executors of the last wi I 1 and testament of GRACE E. BED~I. late of Hempstead, NY VIRGINIA A. B~Dk~.L DAT~: 1-29-63 REC' D: 4-3-63 LIBER 5328 CT 239 VIRGINIA ALICE PETRIE, formerly known as VIRGINA ALICE BEDEI JOHN J. ABBOTT DAT]~0: 12-31-86 REC' D: 1-14-87 LIBER 10220 CP 144 LAb~ RECORD OWNER Riverhead, New York NOTARY PUBLIC Notmy I~dM, Stme o~ New Ymk No. 4768970 Term ~ Novem~ ~O, I~...~ COMMONWEALTH LAND TITLE I NSURANCE..~PANY /~/: _ TITLE OFf I · ia-lt,;2 (2871-7c 617.21 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSE$$~dlENT FORM SEQR Purpose: The full EAF is designed to help applicants and agencies detern'ine, in an orderly manner, whether a prolect or acbon mav be significant The quest~on of whether an action may be signdicant is not alwaYs easy to answer Frequent- ]y. there are aspects of a project that are sublective or unmeasureable It is also understood that those who determine s,gnificance may have little or no formal knowledge of the environment (~r may be technically expert in environmental analysis In addition, many who have knowledge in one particu[ar area may not be aware of the broader concerns affecting the question of significance The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introcluction of information to fit a project or action Full EAF Components: The full EAF ~s comprised of three parts: Part 1: Provides obiective data and intormation about a given project and its site By identifying basic project data, it assists a rewewer m the analysis that takes place in Parts 2 and 3 Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action, It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potenhally- large impact. The form also identifies whether an impact can be mitigated or reduced Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important DETERMINATION OF SIGNIFICANCE--Type '1 and Unlisted Actions Identify the Portions of EAF completed for this project: [] Part 1 [] Part 2 CPart 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of eac)-, impact, it is reasonably determined by the lead agency that: ~_ A The project will not result in any large and important impact(s) and, therefore. ~s one which will not have a ~ignificant impact on the environment, therefore a negalive declaration will be prepared· C B Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required. therefore a CONDITIONED negative declaration will be prepared.* C. The project may result m one or more large and important impacts that may have a s~gmficant ~mpact on the environment, therefore a positive declaration will l)e prepared. ° A Conditioned Negative Declaration is only valid for Unlisted Actions JAMES M. ABBOTT and MARY ANN ABBOTT - LOT LINE ('qANGE Name of Ac[~on Name of Lead Agency Print or Type Name of Responsible Ofiicer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) Date ~ART 1--PROJECT INFORMATJJq Prepared by Proiect Sr, onsor NOTICE Th~s document is designed to assist in determmingwhether Ihe action proposed ma,. have a s~gmhcant effect on the enwronment Please complete the entire intro. Parts A through E Answers to these questions wdl be considered as part ot the apphcat~on for approval and mav be sublect t° further verff~cah°n and public rewew Prov,deanyadd~h ~ntormahon you beheve will be needed to complete Parts 2 and 1 It ~s expected that completion of th~' full EAF will be dependent on m~ormahon currently avadable and wd[ not revolve newstud~es, research or ,nvest'gahon Ifinformat~onreuu~rmgsuchaddit'onalwo~rk'sunavadable 70 ,nd~cate and specify each mstance JAMES-M:-ABBOTT -and-MARY AHN ABBOt- NAME OF ACTION LOT LINE CHANGE LOCATION OF ACTION (Includ Slreet .Add~ ss. Munic~p lity and Court y) I~econlc gay Bou~'evard, ~attit. uck, Town of Southold, County of Suffolk BUSINI:~$ ~.ELEPHONE NAME OF APPLICANT'SPONS~MES M. ABBOTT and MARY ANN ABBOTT (21 , 25-4740 138 Rockaway Ave., Garden City ! ~I~TE ~PI~O3D~ BUSINESS TELEPHONE CITY/PO NAME OF OWNER UI di;~e~entgame ADOqESS STATE ZIP CODE CITY/PO DESCRIPTION OF ACTION Lot line change to lots known as SCTM 1000/126.00/05.00/002.00 and 003.00 Please Complete Each Question-Indicate N.A. ii not applicable A. Site Description Physical setting oi overall prelect, both developed and undeveloped areas 1 Present land use ~Urban ~Industrial ~Commercial ~Residential (suburban) ~Rurat (non-farm) ~Forest ~Agriculture ~'_Other 2 Total acreage of proiect area ~1[o~O57). ~'f'.- acres APPROXIMATE ACREAGE PRESENILY AFTER COMPLETION Meadow or Brushland (Non-agricultural) acres acres Forested acres act ~s Agricultural (Includes orchards, cropland, pasture, etc ) acres acres Wetland (Freshwater or tidal as per Articles 24. 25 of ECL) acres acres Water Surface Area acres acres Un,.egetated tRock, earth or (dl) acres acres Roads. bui]dmgs and other paved surfaces acres acres Other [Indicate type) acres acres ~ What ~s predominant soil type{s) on prelect site~ a Soil drainage ~WeU drained 100 % of s~te ~Moderatel¥ well drained % of site ~Poorlv drained % of s~te b if any agncultural land is revolved, how many acres et sod ar~ classified within sod group 1 through 4 of the NYc, [and Classff~cahon System~ _ 0 acres (See 1 NYCRR 370) 4 Are there bedrock outcroppings on prelect s~te~ ~Yes ~:~o a What is depth to bedrock~ (m feet) $ -\'pprox~mate percentage of propo ~15% or gre~ % dislncl, hsled on the State or the National Is prelect sub,tam,ails conhguous to a s~le Ibted on the Register el N,monal Natural Landmarks? ~Yes ~No Whal ~ the dep:h el :he water table,' (in feel) unknown Is she located o,.er a primary, punc~pal, or sole source aqude[l .k~Yes ~No goes prelect site conlam any sprees or plant or animal hfe th. I Js ~dentlfied as [hreatened or endangered? ~Yes ~No According ~o Are there any un,que or unusual land forms on the prolecl sde~ (ie. cliffs, dunes, other geological formaDons) Describe F~t~ Pm~nn~ R~y 13 Is the project s~te presently used by the community or neighbo,'hood as an open space or recreation area? ~No If yes, explain 14 Does the present s~te include scemc wews known to be important o the community~ ~Yes ~.No None 1~ Streams within or contiguous to project area a Name of Stream and name of R~ver to which it is tributary None 16 Lakes. ponds, wetland areas within or contiguous to project area a Name Pe¢onic Bay b Size (in acres) 17 Is the site served by existing public utilities,' ~Yes ~,No a} If Yes. does sufficient capacity exist to allow connection? J~]Yes [~]No b} If Yes, will improvements be necessary to allow connection? ×~Yes ~No 18 Is lhe site located in an agricultural distnct certified pursuant to Agriculture and Markets Law. Article 2S-AA. Sect)on 303 and 304? ~'fes 19 Is the site located in or substantially contiguous to a Critical Envircnmental Area designated pursuant to Article 8 oi the ECL. and 6 NYCRR 6177 _~Xyes _~No 20 Has the s~te ever been used for the disposal of solid or hazardous v,astes~ ~Yes ~No B. Project Description Physical dimensions and scale of proiect (tdl m dimensions as appropriate) a Total contiguous acreage owned or controlled by prolect sponsur b Proiect acreage to be developed _ N/A acres in,tiallv: N/^ c Prelect acreage to remain undeveloped no change acres N/A d Length of prelect. Jn miles (If appropuate) e It the prelect ~s an expansion, indicate percent of expansion proposed N/A %. Same i Number of off-street parking spaces ex,sting § Maximum vehicular tr~ps generated per hour same h If residential Number and tvpe of housing umts One Famdv Two Famdv Multiple Famdy 3 Inihally Ultimately 3 . see survg~ig~l~nexed hewr~, length. ~ Dimensions {in feet) of largest proposea structure ~; I Linear feet of frontage along a public thoroughfare prolect will occupy is? ].50 tt acres acres ultimately proposed (upon completion of prelect)? Condomlmum 3 .~. How much natural material {0 rock. earth, etc ) will be removed from /s~te~ ~ ~Vdl disturbed areas be reclaimed? ~Yes _~No X~N/A a If yes. for what intended purpose is the site being recJain',-~dI b Will topsod be stockpded for reclamation? _-Yes ]No c Will upper subsoil be stockpded'for reclamation~ ~Yes ~No 4 Ilow many acres of vegetatson (trees. shrubs, ground covers] will be removed from site? None acres ~ Will any mature forest lover 100 years old) or other locally-important vegetation be removed by this prolect? ~No 6 If s~ngle phase prolect Anticipated period of construcUon none 7 If multi-phased none a Total number of phases anUopated (number) b Anticipated date of commencement phase 1 c Approximate completion date of final phase d Is phase 1 functionally dependent on subsequent phases? 8 will blasting occur during construction~ ~Yes :~3No 9 Number of fobs generated: during construction N/A 10 Number oi jobs eliminated by this project N/A 11 Will project require relocation of any projects or facilities? None tons cubic yards months. (including demolition) month , year, (including demolition) month year EYes '~No , after project is complete N/A []Yes ENo If yes, explain 12 Is surface liquid waste disposal involved? []Yes []No a If yes. indicate type of waste (sewage. industrial, etc) and amount b Name of w~ter body into which effluent will be discharged 13 Is subsurface liquid waste disposal involved? ~]Yes ~[~No Type 14 Will surface area of an existing water body increase or decrease by proposal? Explain [Z]Yes J~No 15 Is proiect or any portion of proiect located in a 100 year flood plain? 16 Wdl the protect generate solid waste? []Yes a If yes. what is the amount per month tons b If yes, will an existing solid waste facility be used? ~Yes ~]No c If yes. gwe name location d ~Yes ~No X Probably e Will any wastes not go into a sewage disposal system or ira) a samtary landfill/ If Yes, explain ~Yes []No 17 will the prolect revolve the disposal of solid waste? ~Yes a If yes. what is the anticipated rate of disposal? b If yes. what is the ant,cipated site liie? _ years 18 Will proiect use herbicides or pesticides~ ~-Yes X~No ~]No tons/month 19 Will 20 Will 21 Wdl prolect result m an increase in energy usel ~Yes ~o If ses. indicate type(s) 22 If water supply ~s from wells, indicate pumping capacity unknown 23 Total anticipated wate~ usage per day ~val"i(~s gallonsjd~y 24 ~Ye! x[~No prolect routinely produce odors (more than one hour per day)? ~Yes prolect produce operating noise exceeding the local ambient noise levels? gallons/minute Does prolect revolve Local. State or Federal funding? If Yes. explain ;g~No Typ Submillal Dale .,, '.. illa,z,. :', .=: ! i:~'c,, 7_-No town Vdla§e Pla,mmq Board X~Yes ~No Town Trustees X Yes C. Zoning and Planning Information Does proposed action revolve a planning or ,,onmg decision" ~.Yes _~No II Yes. indicate deoston required XLot Line Change ~.zomng amendment [Tzon,n§ variance ~7. speoal use permit ~n ~s,te plan ~newHevlsion Or master plan ~rescurce managemenl plan ~o/her Whal ~s ~he zonm~ ciassification(s)o~ the s,teI R-40 What Js the maximum potential development of the site if de~eloped as permitted by the present zoning) Two lots What ~s the proposed zoning of the site? N/A What is the maximum potential development of the siJe d de~eloped as permitted by ~he proposed zoning! Two lots Is the proposed action consistent with the recommended uses m adopted local land use plans~ ~Yes .~,No Whal are the predominant land uselsl and zomng classiiicahons within a V. mile radius of proposed action? Residential j 8 Is the proposed achon compatible with adjoining/surrounding ;aha uses within a V, mile? rx~es '_--..No 9 Ii tile proposed action is lhe subditision oi land. how many lots are proposed? Two a What ~s Ihe mmm~um lot s~ze proposed? see survey_ 10 WilJ proposed action require any authof~zahon(s} for the formahon O,' sewer or water districts? ~Yes X~No 11 Will the proposed ac:,on create a demand ior any communHv pro'~ded services (recreation. education, police. Fire protectionp _-Yes X~No a Ii yes. ~s ex~snng capaotv suHK,enl [o handle prolecled demand? _Yes 7No 12 Wdl the proposed action resuh m Ihe §enerat,on oi trali,c slgn,hcandv above present levels? ~Yes a It yes. ~s the ex~shn8 road nelwork adequate lo handle (he additional traffic~ '_-Yes ~.No D. Informational Details Attach any add,t,onal iniorfrlat~on ~lS mdy be needed to clarHt YOur prolec( Ii Ihere are o~ may be any adverse ,mpacts assooaled w~lh w>ur proposal, please discuss such m~pac~s and Ihe measures which you propose to mih§ate or E. Verification I certify that the imormat~on prov,ded above ,s t~)Je to the best ol my knowledge If the action is in the Coastal Area, and you are a state agency, complete the Co,~slal Assessment Form before proceeding with this assessment. 5 Part 2--PROJECT IMPACTS AND THEIR MAGNITUDE Responsibilily of Lead Agency General Information (Read Carefully) · In completing the Iorm the rewewer sho~dd be guided by the question 14ave my responses and determmat,ons been ~'easonabJe.~ The reviewer Js not expected to be an expert environmental anaJysl · Identifying that an ~mpact will be potent,ally large (column 2) does not mean tbat it is also necessanly significant. Any large impact musl be evaluated in PART ] to determine significance Identifying an ~mpact m column 2 simply asks that it be looked at further · The Examples provided are to assist the reviewer by showing types ol impacts and wherever possible the threshold of magnitude that would trigger a response in column 2 The examples are generally applicable throughout the State and for most situations [gut. for any specific prolect or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thu.s requiring evaluation in Part ] · The impacts of each project, on each site, in each locality, will vary Therefore, the examples are illustrative and have been offered as guidance They do not constitute an exhaustive list o( impacts and thresholds to answer each queslion · The number of examples per question does not indicate the importance ot each question · In identifying impacts, consider long term. short term and cumJative effects Inslructions (Read carefully) a Answer each of the 19 questions in PART 2 Answer Yes if there will be any impact b Maybe answers should be considered as Yes answers c If answering Yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2 If impact will occur but threshold ~s lower than example, check column 1 d If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3 e if a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in colunm 3 A No response indicates that such a reduction is not possible This must be explamed in Part 3 IMPACT ON LAND 1 Will the proposed action result in a physical change to the project site? ~0 OYES Examples that would apply to column 2 · Any construction on slopes of 15% or greater, (15 foot rise per 100 6 I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] []Yes []No O [] []Yes []No [] [] [~Yes []No [] [] OYes •No [] [] ,i OYes •No O ~ [~Yes []No ~ ~ ~Yes ~No ~ ~ ~Yes ~No .[~ ~ ~Yes ~No ~ L-J ~Yes ~No 2 Will there be an effect to any unique or unusual land forms found on the site? (ie, cliffs, dunes, geological formations, etc )L~NO C3Y£ S · Specific land forms foot of length), or where the general slope~ in the project area exceed 10% · Construction on land where the depth to the water table is less than 3 feet. · Construction of paved parking area for 1.P00 or more vehicles · Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface · Construction that will continue for more ti,an 1 year or ~nvolve more than one phase or stage · Excavation for mining purposes that would remove more than 1,000 tons of natural material (i e, rock or sod) per year · Construction or expansion of a samtary landfill · Construction m a designated floodway · Oilier m~pacts IMPACT ON WATER W~II proposed achon affect any water body d(~s~gnated as protected,~ (Under Articles 15.24, 25 of the Environmental Conservation Law, ECL) ~]NO RYES [xamples that would apply to column 2 · Developable area of site contains a protected water body · Dredging more than 100 cubic yards of material from channel of a protected stream · Extension of utility distribution facilities through a protected water body · Construction m a designated freshwater or tidal wetland · Other ~mpacts: 4 Will proposed action affect any non-protected existing or new body of water? ~]NO ~YES Examples that would apply to column 2 · A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease · Construction ota body of water that exceeds 10 acres of surface area · Other impacts 5 Will Proposed Action affect surface or grounJwater quality or quantity? ~NO [~YES [xamples that would apply to column 2 · Proposed Action will require a discharge pern ;t. · Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action. · Proposed Action requires water supply from wells with greater than 45 gallons per minute pumping capacity · Construction or operation causing any contamination of a water supply' system · Proposed Action will adversely affect ground~ ater. · Liquid effluent will be conveyed off the site to facilities which presently do not ex~st or have inadequate capacity · Proposed Action would use water in excess of 20.000 gallons per day · ;'roposed Action will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. · Proposed Action will require the storage of :,etroleum or chemical products greater than 1.100 gallons · Proposed Action will allow residential uses in areas without water and/or ~ewer services · Proposed Action locates commercial and/or industrial uses which may require new or expansion ol existing waste treatment and/or storage facilities · Other m~pacts 6 Will proposed action alter drainage flow cf patterns, or surface water runoff,' X)(NO [-JYE S Examples that would apply to column 2 · Proposed Action would change flood water fl:~ws 7 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] []Yes []No [] [] [~Yes [~]No [] [] []Yes ~No [] [] F-lYes [:]No [] [] [~]Yes [~]No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~ ~ ~Yes ~No ~ ~ ~Yes ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~' ~ ~Yes ~No ~ ~ ~Yes ~No · Proposed Achon may cause substantial erosion · Proposed Achon ~s incompatible with existing drainage patterns · Proposed Achon will allow development m a designated floodway · Other m~pacts IMPACT ON AIR 7 Will proposed action affect air quality? XJNO []YES Fxamples that would apply to column 2 · Proposed Action will induce 1,000 or more vehicle trips m any given hour · Proposed Action will result in the incineration of more than 1 ton of refuse per hour · Emission rate oi total contaminants will exceed 5 lbs per ho~r or a heat source producing more than 10 million BTU's per hour · Proposed action will allow an increase in the amount of land committed to industrial use · Proposed action will allow an increase in the density of industrial development within existing industrial areas. · Other impacts: IMPACT ON PLANTS AND ANIMALS 8 Will Proposed Action affect any threatened or endangered species? ~:,NO [~YES £xamples that would apply to column 2 · Reduction of one or more species listed on the New York or Federal list. using the site. over or near site or found on the site · Removal of any portion of a critical or significant wildlife habitat · Application of pesticide or herbicide mot( than twice a year. other than for agricultural purposes. · Other ~mpacts_ 9 Will Proposed Action substantially affec: non threatened or nomendangered species? ONO [YES [xamples that would apply to column 2 · Proposed Achon would substantially inte'fere with an,/ resident or m~gratorv fish, shellfish or wildlife species · Proposed Action requires the removal of more than 10 acres ot mature forest (over 100 years of age) or other locally ~mportant vegetation IMPACT ON AGRICULTURAL LAND RESOURCES ti) Will the Proposed Action affect agricultural land resources~ £xamples that would apply to column 2 · The proposed act*on would sever, cross or limit access to agricultural lancl(includes cropland, hayfields, pasture wneyard, orchard, etc) 8 T 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [~ [] []Yes []No [] [] ~]Yes []No [] [~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No [~ ~ ~Yes []No ~ ~ ~Yes ~3No · Construction activity would excavate or compact the soil profile of agricultural land · The proposed action would irreversibly convert more than 10 acres of agricultural land or. if located in an Agricultural District, more Ihan 25 acres of agricultural land. · The proposed action would disrupt or prevent i~:stallation of agricultural land management systems (eg., subsurface dry,in lines, outlet ditches, stripcroppmg); or create a need for such measures (e g cause a farm field to drain poody due to increased runoff) · Other impacts: IMPACT ON AESTHETIC RESOURCES 11 Will proposed action affect aesthetic resources? ~NO []YES (If necessary, use the Visual EAF Addendum in Section 61721, Appendix B ) Examples that would apply to column 2 · Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural · JCroposed land uses, or project components visible to users of a.*sthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. · Proiect components that will result in the elimination or significant screening of scenic views known to be important to the area · Other impacts: IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12 Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? ~NO [3YES I~xamples that would apply to column 2 · Proposed Action occurring wholly or partially within or substantially contiguous to any [acility or site listed on the State or National Register ct historic places · Any impact to an archaeological site or fossil bed located within the project site · P;oposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory · Other impacts: IMPACT ON OPEN SPACE AND RECREATION 13 Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? Examples that would apply to column 2 ~Z]NO f~YES · The permanent foreclosure of a future recreational opportunity · A major reduction of an open space important to the community · Other impacts~ 9 I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] []Yes [:]No [] [] []Yes [:]No [] [] []Yes []No [] [] J~Yes []No [] [] []Yes [~]No [] [] [~]Yes [~No [] ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No IMPACT ON TRANSPORTATION 14 Will there be an effect to existing transportation systems? )~NO eYES Examples that would apply to column 2 · Alteration ot present patterns of movement of people and/or §oods · Proposed Action will result in major lraffir problems · Other impacts IMPACT ON ENERGY 15 Will proposed action affect the commJn~ty's sources of fuel or energy supply? X~NO [_]YES Examples that would apply to column 2 · Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality · Proposed Action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a maior commercial or industrial use. · Other impacts: NOISE AND ODOR IMPACTS 16 Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? ~[NO [~YES Examples that would apply to column 2 · Blasting within 1,500 feet of a hospital, school or other sensitive facility · Odors will occur routinely (more than one hour per day). · Proposed Action will produce operating qoise exceeding the local ambient noise levels for noise outside of structures · Proposed Action will remove natural barriers that would act as a noise screen · Other impacts: IMPACT ON PUBLIC HEALTH 17 Will Proposed Action affect public health and safety? ~NO ©YES Examples that would apply to column 2 · Proposed Action may cause a risk of explosion or release of hazardous substances (i e oil, pesticides, chemicals, radiation, etc ) in the event of accident or upset conditions, or there may be a chronic Iow level discharge or emission · Proposed Action may result in the burial ol "hazardous wastes" in any form (ie toxic, poisonous, highly reactive, radioactive, irritating. infectious, etc ) · Storage facilities for one million or more gallons of liquified natural gas or other flammable liquids · Proposed action may result in the excavation or other disturbance within 2,000 feet of a s~te used for the disposal of solid or hazardous waste · Other impacts 10 ~ 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] []Yes []No [] [] []Yes []No [] ~ []Yes []No [] [] [~Yes [] [] [Yes []No [] [] []Yes []No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~tes ~No ~ ~ ~Yes ~No ~ ~ ~Yes E]No ~ [~] ~Yes [~No ' ~ ~ ~Yes [3N0 IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18 Will proposed action atfect the character of the existing commumt¥? XXNO ~Y~S Examples that would apply to column 2 · The permanent population of the city, town or village in which the project is located is hkely to grow by more than 5% · lhe mumcipal budget for capital expenditures or operating servKes will increase by more than 5% per year as ~ result o( this proiect · Proposed action will conflict with officially adopted plans or goals · Proposed action will cause a change in the density of land use · Proposed Action will replace or eliminate exi_,ting facilities, structures or areas of historic importance to the commnnity · Development will create a demand for additional community services [eg schools, police and fire. etc.) · Proposed Action will set an important prece(lent for future projects · Proposed Action will create or eliminate employment · Other impacts:__ 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact , Project Change [] [] [:]Yes ENo ~ [] [:]Yes ~No [] ~] J~]Yes [~No [] [] [lYes []No [] ~ ~Ves ~No ~ ~ ~Yes ~No ~ ~ ~Ves ~No ~ ~ ~Ves ~No 19 Is there, or is there likely to be, public controversy related to potential adverse e~vironmental impacts? [~O [~YES If Any Action in Part 2 1,4 Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 Part 3--EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibilily of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even il the impact(s) may be miligaled. Instructions Discuss the following for each ~mpact identified in Column 2 of Part 2 1 Briefly describe the impact 2 Describe (if applicable) how the impact could be mitigated or reduced to a smaU to moderate impact by project change{s) 3 Based on the information ava able. decide if it is reasonable to conclude that this mlpact is imporlanl. To answer the question of importance, consider: · The probability of the impact occurring · /he duration of the ~mpact · Its ~rreversibility. including permanently lost resources of value · Whether the impact can or will be co'~trolled · Yhe regional consequence of the mlp~ ct · Its pOtenhal divergence from local new, ds and goals · Whether known objec't,ons to the project relate to this impact [Continue on attachments) QUESTIONNAIRE FOR FILING WITH 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 premises and a description of their interests: (Separate sheet may be attached.) James Abbott Fee owner Mary Ann ADDO~ ~:~ 6W,i~;- B. Is the subject premises listed on the real estate market ~or sale or being shown to prospective buyers? { } Yes {~ } No. (~f Yes, pl~e a~h C~tTy of "condd~4nns" of sale.} C. Are there auy%Tr~pcsals t= :hange ~r alter lan~ c=ntoum~? [ } Yes {x] No D. 1. Are there any areas which contain wetland grasses? Yes 2. Are the wetland areas shown on the map submitted with this application? Yes 3. Is the property bulkheaded between the wetlands area and the upland building area? y~ 4. 'If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? NO E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? N/A (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, b~lkheads or fen=as which m~i~t and are not ~hown on the survey map that you ar~ submitting? None If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? NO If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? No If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel Residen~al proposed use ~esidenL~l and ~3/8~r~0~ghacure and Dace ~-~ ~ ~~ June 25,.° 1994 § 97-13 WETLANDS § 9%13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Southold. [Added 8-5-84 by L.L. _No. 6-1984] IVETLA-NDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 b~,. ~. No. 649s5~ -.' --- ..... 2r WETL, S: (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks. hogs. salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of thc following:, salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, gruuntl~eL marshmallow and Jaw (Il) All land immediately adjacent ~ a tidal wetland as defined in Subsection A(2) and lying within Seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24. Ti- tle 1, § 2-1-0107. Subdivisions l(a) to l(d) inclusive, Of the Environmental Conservation Law of the State of New York; and (2) All land immediately adjacent to a"freshwater wet- land." as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 2-:s.ss ~CATHERINE I~[ESIANO, INC. Licensed Real Estate Broker Real Estate Consultant Augusl 11, 1994 Robert Kassner Southold Town Planning Board Town tiall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: James Abbott and Mary Ann Abbott Lot line Change Tax Map # 1000-126-5-2 & 3 Dear Mr. Kassner: With respect to the above referenced application, enclosed please fred the following: 1. Six copies of the survey Mth changes you requested. 2. Signed and notarized Affidavits of Merger. 3. Letter authorizing Wickham Wickham & Bressler, P.C. to make this application on the Ahbott's behalf. Please be advised that an application is being submitted to the Board of Appeals for a variance for the proposed lot line change. Should you require any additional information, please do not hesitate to call. Very truly yours, Catherine A. Mesiano, President Enclosures cc: Southold TownBoard of Appeals ~ Southold Town Planning Board Wickham Wic~am & Bressler, P.C. 12 Mill Pond Lane · East Moriches, New York 11940 · 516.878.8951 I CATHERINE MESIANO, 1NC. Licensed Real Estate Broker Real Eslale Consultant August 11, 1994 Southold Town BuiMing l)epamnenl Town Hall 531)95 Main Road P.O. Box 1179 Southold, NY 11971 Re: James Abbotl and M uy Ann Abboll i Application fi~r Prc-.F,×isling ( e 'l ficale of Occupancy Tax Map # I000-126-5-2 Gentlemen: With respect Io the above ~cl~rcnced applicalion, enclosed i~easc find the following: 1. Applicalion for Ccrtifieate of Occupancy signed I,.y J. McGuone Abboll. 2. Consenl to Inspect signed by J. McGmme Abboi~ 3. Mr. Abboll's check in Ihe amounl of $100.00. 4.' Smwey oflh¢ subject lot logelhcr wilh Iht dclails oflhe Iol change applicalion pending before the Soulhold }'lanni~g Board and Board of Appeals. Should you reqnire any addilional information, please do not hcsilate Io call. Very truly yours, Calherine A. Mesiano l'rcsidc~d Enclosures cc: Southold Iown Board of Appeals ~ Southold Town Plmming Board Wickham Wickham & Brcsslcr, I'.C. 12 Mill Pond Lane · East Moriches, New York 11940 · 516.878.8951 WlCKHAM. WlCKHAM ,~ BRESSLER, MAIN ROAD, P.O. ~30X 1424 t~^TTITUCK, LONG ISLAND 516 298-8353 TELEFAX NO 516 298-0565 August 4, 1993 Town of Southold P.O. Box 1179 53095 Main Road Southold, New York 11971 Attention: Building Department Re.: Lot Line Change Application James M. Abbott and Mary Ann Abbott SCTM 1000/126.00/05.00/002.00 and 003.00 Dear Sirs: We have applied to the Planning Board for a lot line change with respect to the referenced property. Enclosed is a map showing the proposed lot line change. The Planning Board has requested a Notice of Disapproval. Please provide the Notice so we may proceed. DCR:ic Enclosure 7~abbot oun PLANNING BOARD MEMBERS Bennelt Orlowski, Jr.. Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 23, 1993 Daniel C. Ross Wickham, Wickham & Bressler Main Road, P.O. Box 1424 Mattituck, NY 11952 RE: Proposed Lot Line Change for James M. Abbott and Mary Ann Abbott Peconic Bay Blvd., Mattituck Zoning District: Low Density Residential (R-40) SCTM# 1000-126-5-2 & 3 Dear Mr. Ross: The Planning Board has received your letter of June 29, reference to the above project. SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 1993, in The following changes or additions are required before the Board can proceed with its review: 1. Six additional copies of the map. 2. Signature of surveyor on the map. 3. Area of wetlands to be designated on the map. 4. Affidavit of merger letter. 5. Deeds for both properties. 6. Zoning District shown on map. in addition before this Board can give any possible final approval, a notice of disapproval from the Building Department must be obtained, before a variance application can be filed with the Board of Appeals for the reduction of the non-conforming lot. If you have any questions, or require additional information, please contact this office. ~c~hard G. Ward Chairman cc: Gerard P. Goehringer, Chairman, Zoning Board of Appeals Thomas Fisher, Building Inspector Z ~,'.~.".~' ~" '" ' ~ sOUT~LD ~ct~ ' ~ ~ Properly Tax Service AgenC~ ~ ~ ~ PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Zoning Board of Appeals From: Planning Board Re: Proposed lot line change for James and Mary Abbott SCTM~ 1000-126-5-2 & 3 Date: August 11, 1994 This is to inform yon that there is a pending applteatton for the abo~e mentioned, on I~le with ns, dated July 7, 1993. JUDITH T. TERRY, TOWN CLERK RECEIVED OF: FOR: ~ RECEIPT Town of Southold Southold, New York 11971 Phone: 516- 765-1801 DATE(_ _,,~/,-~ . 5~57~ 1/ ~,~ El CASH BY: NAME PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: , residing at J2 /~d/ POrID /~/~ , being duly sworn', deposes and says that on [he // . day · , deponent mailed a true copy of the Notice set forth on the re- verse sid~hcreof, directed to each of the above-named persons at the addresses set opposite their.r~pective names; that the addresses set opposite the names of said persons are the addresses of said persons asshown on the current assessment roll of the Town of Sou~hotd; tha~ said Notices were mailed al the Unked Sta~es Post Of- rice at ~a o~ ~ ; tha~ said Notices were mailed to each of said persons by (certified) ~) ma . Sworn to~Jaefore me this //-~'~ day of ~ , Notary Public MARY ANN CYBULSKI Notary Public. State of New York Residing in Suffolk County No. 52-5895900 Commission Expires April $0, 19.~ (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: I. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Suuthold to request a.(Variance) (Special Exception) (Special Permit) . (Other) [¢±rc].e choice] 2. That the property which is the subject of the Petition is located adj',cent to your property and is des- cribed as follows: 3. That the property which is the subject of such Petition is located in the following zoning district: 4 l'ha! b,~ such Petitioo, the undersigned, will request tile fgllowing relief: 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the'under- signed are Article Section ' ['] Section 280-A, New Yor~ Town Law for approval of access over right(s)-of-way.' 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine.the same during regular office hours. (5].6) 765-].809. 7. 'That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: Petitioner Owners ' Names: Post Office Address .Tel. No. ( ) [Copy of sketch or plan purposes.] showing propcsa]~.];O, vl~,a~a.fhed for convenience BOARD OF APPEALS, TOWN OF SOUTHOLD James ~ °)~r~ Abbott to thc Board of Appeals of the Town nf Sour_hold Z 070 905 282 .a~. Receipt for Certified Mail NO Insurance Coverage P~ovided )See Reverse) $ CeIlihed Fee YOU ARE HEREBY GIVEN NOTICE; 1. That il is theintenlion of the undersigned to petition the Board to requesta (Variance) ........ rt .... I][][ A ¢~rt-~nn 100-30 A.~ of the Town Zu 2. That the property which is the subiect of thc Petition is Iocat cribed as follows: 8740 and ~810 Peconic Bay Blvd. Laurie], TOTAL Postage to your property and ii d~s- 3. Thatthe property whichisthesubiectofsuch Petitionislocatcdin thefollowingzoningdistrict: R-40 4 Tha~ h~ such P~titiun, the undersigned . te~sLtneloliow~ng~ellet~. ~ n~ ~ ~ ~++~ will-'u ..... ,.. That the reconfigured' lots each of which ~ill have ~00Toogottron~age on ~econ~c .ay ..w ~: . ......... 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under. signed are A.rr-lcle III A section 100-30 A.3 [ ] Section 280-A, New York Town Law fo~ approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (5].6) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in thc Long Island Travcler-Matdtuck Watchman, newspapers published in the Town of Southold and designated for thc publication of such notices; that you or your representative have thc right to appear and be heard at such hearing. ~etitioner James Abbott Owners'Names: Nary Ann Abbott Post Office Address -- 138 Rockaway Ave. Garden City, NY tt~3O Tel. No. (516)742-3013 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] As indicated by the attached sketch Mr. and Mrs. Abbott are seeking to change the boundary line between the two lots referred to above. Presently, one'lot has 100 feet of frontage. and the other has 50 feet of frontage. With the lot line change each lot will have 75 fee~ of frontage. B~OARD OF APPEALS, TOWN OF SOUTHOLD jlanm~hse ~l~e~t°ra~hc~ ~l~J°)~r~ Abbott to the Board of A~peals of the Town nfSouthold TO: . Mr. John O. Abbott P.O. Box 361 Old Greenwich, CT 06870 070 905 283 Receipt for Certified Mail No Insurance Coverage Provided Do not use for Internationa~ Mail (See Reverse/ YOU ARE HEREBY GIVEN NOTICE; 1. That il is the intention of the undersigned co petidon the Be to request a (Variance} ~X~XO~X(~:It~ay;;~;f:KCCCft~Xx(xQx~i~;~ - the 2. That the property which is the sub ect of the Petition is Ioc~te~. adja~en,t to your property and is des- cribed as follows: 8740 ~nd 8810 Peconic 8ay Blvd. Laurel, New fOrK 3. That the property which is the subject of such Petition is located in the following zoning district: 4 Tha[ h; such Petition, thc undersi~.ned w~ill fequ~sLthefollowin. ?eliff.TM the reconfigur~d · lots each of which will have 1_00 too~ of trontage onopeb'dh· · . $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under. signed are Article I_II A Sect/on 100-30~A.3 [ ] Section 280-A, New York Town Law foF approval of access over right(s)-of-way. 6. That whhin five day's from the date hereof, a written Petition requesting the relief specified above will be filed in the Southotd Town Clerk's Office at Main Road, Southold. New York and you ma~ then and there examine [he same during regular office hours. (516) 765-1809. 7. That hefore the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at Feast five days prior to the date of such hearing in the Suffolk Times and in thc Long Island Traveler. Mattituck Watchman, newspapers published in the Town of Southoid and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. ,,_dame~/Abbott /~// Owners'Names:~Mary Ann Abbott Post Office Address -- 138 Rockaway Ave. Garden City, NY ~b30 Tel. No. (516 )742-3013 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] As indicated by the attached sketch Mb, and Mrs. Abbott are seeking to change the boundary line between the two lots referred to above. Presently, one'~lot has 100 feet of frontage.. and the other has 50 feet of frontage. With the lot line change each lot will have 75 feet of frontage. ~6 1.9 199&