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HomeMy WebLinkAbout4144 APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wil~n Telephone (516) 765-1809 BOARD OF APPEAL~ TOWN OF SOUTHOLD BOARD FINDINGS AND DETERMINATION SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appeal No. 4144 Application of SPECTACLE RIDGE, INC. for a Variance to the Zoning Ordinance, Article III, Section 100-31A(1) for permission to establish second residential use in the proposed accessory barn building (located in the front yard area as per Appl. No. 4132A, decision rendered November 9, 1992) as living area for family member or guests and domestic servant {in one single unit}. Section 100-3iA(I) provides for single- family use, not exceeding one dwelling per lot. Location of Property: 14990 Oregon Road, Cutchogue; County Tax Map No. 1000-84-01-02. WHEREAS, after due notice, a public hearing was held on January 14, 1993, and those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, the current zoning of this property (A/C) and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The property in question is situated along the southerly side of Oregon Road, situate approximately 730 feet west of its intersection with Bridge Lane, Cutchogue, Town of Southold, as identified on the Suffolk County Tax Maps as District 1000, Section 84, Block 1, Lot 2. 2. This parcel contains a total acreage at this time of 19.07 acres; town assessment records show that it is improved with a barn building used solely for agricultural and farming purposes. 3. Pending with the Southold Town Planning Board is an application for an alteration of lot line which would confirm a proposed exchange of property of 1.78 acres (see survey map prepared by Smith & Jung, L.S. dated August 26, 1992) from Land of the Society for the Propagation of the Faith and ASIP to Page 2 - Appl. No. 4144 Matter of SPECTACLE RIDGE, INC. Decision Rendered January 14, 1993 Spectacle Ridge, Inc. (the applicant herein). This 1.78-acre strip is shown to be 56 feet in width along oregon Road and extends in a southerly direction 1403.70 feet, and is to be merged with the 19.07+- acres of Spectacle Ridge, Inc. for a total land area of 20.8627 acres. 4. By this application, a variance is requested for permission to convert a proposed barn building, which is presently authorized for storage purposes accessory to the main residence, to a single-residential unit of 1700 sq. ft. of floor area for residency-occupancy by the property owner's brother, and possibly a domestic servant. 5. As part of this submission, the applicant has agreed to utilize and apply at least 80,000 sq. ft. of land for each of the two residential uses, for a minimum of 160,000 sq. ft. until such time that a conveyance would be proposed. If and when a conveyance is proposed in the future for either or both houses, an application to the Southold Town Planning Board, and other agencies, must be filed and finalized in accordance with the land regulations in effect at the time of the subdivision and conveyance of the land. 6. Also noted for the record is the fact that a public hearing is being held by the Southold Town Board concerning the acquisition of development rights (for land preservation) involving 17+- acres remaining out of the entire 20.8 acres, based upon the application before and recommendation of the Southold Town Land Preservation Committee. 7. The Bulk, Area and Parking regulations in effect at this time applicable to the Agricultural-Conservation Zone District does require a minimum land area of 80,000 sq. ft. for one principal dwelling (or other principal building/use). The applicant has indicated that there will be no conveyance proposed in the near future, and that the entire acreage will remain in the ownership of Spectacle Ridge, Inc. until such time as subdivision approvals have been applied for and received. 8. In consideration this application, the Board finds: (a) that the essential character of the neighborhood will not be undesirably affected since the amount of land area is and will remain at 20.86 acres - which is substantially in excess of the today's minimum requirement of 160,000 for two dwelling units - although a variance was required to permit more than one dwelling structure on a single 20.86-acre lot as surveyed August 26, 1992; Page 3 - Appl. No. 4144 Matter of SPECTACLE RIDGE, INC. Decision Rendered January 14, 1993 (b) that the relief requested to allow a second dwelling on 20.8 acres will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; (c) that the relief requested will not be a substantial increase in the permitted single-family use density, or cause a substantial effect on available governmental facilities since the remaining 17.18 acres is proposed for land preservation, and dwelling unit expansion or other development on this property will necessitate subdivision approvals from the Southold Town Planning Board and other appropriate agencies; (d) although the difficulty is self-created, the relief requested is minimal and not unreasonable in light of the circumstances affecting this property and proposals of the owner as described herein; (e) that although the development rights of the property are being contemplated for acquisition by the Town of Southold at the recommendation of the Land Preservation Committee Meeting (and pending at this time - see Minutes of Town Board Public Hearing was held January 19, 1993), the entire acreage of 20.86 acres would include 3.6731 acres for the two dwelling units, and 17.1869 acres wouldbe available as the remaining acreage for acquisition in the land preservation program. (Please see survey prepared August 26, 1992 for the whole parcel to be in the ownership of Spectacle Ridge, Inc. as amended.) NOW, THEREFORE, on motion by Chairman Goehringer, seconded by Member Doyen, it was RESOLVED, that SPECTACLE RIDGE, INC. be granted a variance to allow two dwelling units on one 20.85-acre parcel, as shown on the August 26, 1992 survey prepared by Smith & Jung, L.$., SUBJECT TO THE FOLLOWING CONDITIONS: 1. That both dwelling units will not be conveyed separately or otherwise subdivided unless applications are filed with and approved (or waived in writing) by the Southold Town Planning Board in accordance with the Chapter 106 of the Code of the Town of Southold; and 2. That if a conveyance of land is proposed to separate the dwelling (or dwellings) from the land preserved for farmland if and when acquired by the Town of Southold, then the properties must conform to the lot size requirements of Chapter 100 (Zoning) of the Town of Southold which currently requires a Page 4 - Appl. No. 4144 Matter of SPECTACLE RIDGE, INC. Decision Rendered January 14, 1993 minimum amount of land area applied to each dwelling of 80,000 sq. ft., for a total of 160,000 sq. ft. for both dwellings); and 3. That a Declaration of Covenants and Restrictions be prepared in legal, recordable form and signed by the owner(s) and their attorney, for submission to Town (Zoning Board of Appeals), incorporating the above agreement and conditions which shall be forever binding upon the owner, subsequent owners, their successors and assigns, in perpetuity. After acceptance of this Declaration by the Chairman or as amended with the advice of the Town Attorney, a conformed copy of the original, after filing with the Suffolk County Clerk's Office, shall be furnished to the Board of Appeals for permanent recordkeeping purposes~ and 4. (See below)* Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. //~RARD P. ~ GOEHRING~R,- CHAIRMAN *4. Northerly (barn) building shall be limited to permanent residency by family members (no unrelated residency), and residential use may not rented to transients, or be used for an inn, motel, or similar type of lodging. ?kE SOi~2h~LD TO,TN CiiY{K DATE //~./~ HOU~3f, Tev,'n Cle~'k, Tov;n o~ Souil~o!d APPEALS BOARD lVI~MBERS Gerard R Geehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, 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 THURSDAY, JANUARY 14, 1993 commencing at the times specified below: 1. 7:32 p.m. Appl. No. 4141 - Application of ALICE BENNETT for a Variance to the Zoning Ordinance, Article III, Section 100-33 (and as amended December 4, 1992) for the placement of an accessory garage in the front yard area with a setback at less than the required 60 feet in this R-80 Zone District. Location of Property: 2725 Soundview Avenue, Peconic, NY; County Tax Map Parcel No. 1000-68-1-10. 2. 7:35 p.m. Appl. No. 4146 - Application of FREDERICK E. HULSEt JR. and JOYCE HULSE for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate proposed addition with a reduction in the southerly side yard at less than the required ten (10) feet. Location of Property: 235 Sunset Lane, Greenport, NY; County Tax Map Parcel No. Page 2 - Notice of gs Southold Town Board of Appeals Regular Meeting of January 14, 1993 1000-33-4-49. The subject premises is substandard in lot area and is located in the R-40 Zone District. 3. 7:38 p.m. Appl. No. 4145 - Application of JOHN S. McGEENEY and EDWARD F. RODENBACH (as Trustee) for a Variance to the Zoning Ordinance, Article III, Section 100-32 for approval of a reduction of the lot area of an existing parcel, with an increase of the lot area of the adjoining parcel, in this proposed lot-line change. Location of Property: South Side of Crescent Avenue and the north side of Avenue "B," Fishers Island, NY; County Tax Map Parcel ID Nos. 1000-6-2-5 and 6. Each lot as exists is shown to substandard in lot area and is located in the R-80 Zone District. 4. 7:45 p.m. Appl. No. 4144 - Application of SPECTACLE RIDGE, INC. for a Variance to the Zoning Ordinance, Article III, Section 100-31A(1) for permission to establish second residential use in the proposed accessory barn building {located in the front yard area as per Appl. No. 4132A, decision rendered November 9, 1992} as living area for family member or guests, and domestic servant (in one unit). Section 100-31A(1) provides for single-family use, not exceeding one dwelling per lot. Location of Property: 14990 Oregon Road, Cutchogue; County Tax Map No. 1000-84-01-02. The subject premises is zoned Agricultural-Conservation and contains a total area of 19+- acres. Page 3 - Notice of gs Southold Town Board of Appeals Regular Meeting of January 14, 1993 5. 7:55 p.m. Appl. No. 4142 - Application of ADAM ASSOCIATES, INC. for a Variance under New York Town Law, Section 280-A for approval of access for emergency and fire vehicles over a private right-of-way extending off the easterly side of Cox Neck Road, Mattituck in an east-west direction a distance of approximately 616.30 feet. The subject right-of-way is referred to on the County Tax Maps as part of Parcel No. 1000-113-14-11 and is situated 670+- feet north of the intersection of C.R. 48 (North Road) and Cox Neck Road. The parcels to which access is requested in this application is identified as County Tax Map Nos. 1000-113-12-10-1, 10.3, 10.2, 9, 8; (and Parcel No. 1000-113-14-11 restricted for park and recreation area use). All areas of access are located in the R-80 Residential Zone District. The Board of Appeals will at said time and place hear 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. For more information, please call 765-1809 or visit our office. Dated: December 21, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski X APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SUPPLEMENTAL NOTICE OF HEARINGS SCOTTL. HARRIS Supervisor Town Hall, 53095 Main Road t~O. Box 1179 Seuthold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, 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 THURSDAY, JANUARY 14, 1993 commencing at the times specified below: 6. 8:00 p.m. Appl. No. 4140 - Application of JOHN CROKOS for a variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A(1) for permission to locate structures within 100 feet of the top of the bluff along the Long Island Sound. Location of Property: 2110 Grandview Drive, Orient, NY; County Tax Map Parcel No. 1000-14-2-3.11. 7. 8:05 p.m. Appl. No. 4147 - Application of DONALD E. FAHEY, JR. for a Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of existing deck constructed almost 20 years ago. This deck, under the current zoning regulations, does not meet the required rear yard setback for a substandard parcel in this R-40 Zone District. Location of Property: 2675 Hobart Avenue, Southold, NY; County Tax Map Parcel No. 1000-64-5-32. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of January 14, 1993 The Board of Appeals will at said time and place hear 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. For more information, please call 765-1809 or visit our office. Dated: December 21, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski x FORM NO. 3 TOW'N OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL .~ -~...~,~L. ~:~. I,~ ........ PLEASE TAKE NOTICE that your applicatio~ dated . ~ ~.. ~.~ ....... 19~.~. Location of Pro err I~ ~ ~ ~fl~ ~ o~.~.~.~,,- P Y ............................ ~ , ~ House No. I Str~i ......... ~ ' ' h~/e~ Cou.cy T.x M~ No. ~000 S~on ...~.~ ...... mo~ ....~. ~ ...... Loc .. ~ .~ ...... Subdivision ................. Filed Map No ................. Lot No .................. __ ---~ ........ ~. " .,~.~ ..... % · ................... ........................................ · ~ . Building Inspector RV 1/80 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR DEC 07 Southold Town Clerk APPEAL NO. ~! ~ DATE ..D..e..c..e-~[g-e..~'....7.~....1 9 9 2 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Spectacle Ridge Inc. . 1, ~) .G..'...~..t.S-.~..a..n..~zR.'-.R...'....~--°.K ..................... of ........................... .M..a..%..q....~..o..a..?],....~.~.,.]~.Q;~...] ~.1 2 Name of Appellant Street and Number Southold New York EREBY ........................................................................................................... H APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...~.c...t..o...b..e..~....2..~..¢....1..9...9..2. ............. WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) Garrett A. Strang for Spectacle Ridge Inc. Name of Applicant for permit of 54655 Main Road, P.O.Box 1412 Southold, New York Street and Number Municipalit7 State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to Construct 1. LOCATION OF THE PROPERTY ~1~4~?~9~n~R~a~;~C~u~;~c~h~u~e~;~N~:~y~`~A~Z~ne Street /Hare'let / Use District on Zoning Map District 1000 Section 84 Block01 Lot02 ^ - ...................................................... burren~ Owner Spectacl, e Ridge Inc. Mop No. · Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III Section 100-31A(1) 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 lack of access (State of New York Town Law Chap, 62 Cons, Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) ~l¢~xtet~been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit [X ) request for o variance [NO ................................. ~areo ............................. ~ ........................................ and was made in Appea! " 4132A 4132B ~ .. September17 & October 23, 1992 REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ¢×~ A Variance to the Zoning Ordinance ( ) is requested for the reason that Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- sa~ HARDSHiP because it would require additional square footage be incorporated into the Principal Building at considerable expense ~pproximately $35,000.00) causing undue economic hardship. The area that will exist within the confines of the roof structure of the accessory building provides a more economical and cost effective utilization of otherwise wasted space for the purpose of housing family members and guests in addition to accessory uses. 2. The ha~shipcreatedis UNIQUEandisnotshared by all prope~ies alike in the immediate vicini~ of this proper~ and in this use district because the subject property is in excess of twenty acres of which only an"area of four acres will be developed-with principal building and accessory buildings. The development rights of the remaining acreage is~b~ing offered for 'sale to the Town of $outhold thereby remaining undeveloped and open in perpetui~ under the farmland preservation, program. 3. The Variance would observe the ~irit ofthe Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because this district allows for residential development on two acre parcels, thereby suggesting the possibility of developing this property with approximately ten (10) residences. In contrast, this proposal provides for a principal residence and accessory residential use on the second floor of the a~cessory building on four (4) acres with the contiguous sixtee~ acres remaining undeveloped in perpetuity. It is my opinion that this proposal not only observes but exceeds the spirit of the ordinance in providing a maximum of open space and minimal development. STATE OF NEW YORK ) COUNTY OF Signature Sworn to this .......................... :'"~' ............... d~O ................. ~ ..................... ..... Noisy Fublir. Stme of New Yod[ No. 4879506 ~t Qualified in Suffolk County 6f~-~ Commission Expires December 8, 19 ~ · TOWN OF $OUTHOLD ~"~OP~:IITY R;:CORD CARD OWNER FORMER OWNER RES. /~ SEAS. IMP. AGE NEW NORMAL Form Acre Tillable 2 Tillable 3 Wcodlond Swampland Brushland House Plot Tctol VILLAGE DISTRICT SUB. l(-.-.-,(.¢'"' :'h.'." ~'-~: /~/~,~.':,i,';:,~:~,~' .,~ c ~,GE ~_ [ W ,) ~.;//-,; v TYPE OF BUILDING" LOT VL. (.~FARM.. .-- ~ CAMM?lIND. CB. MISC. TOTAL '/ ~ATE REMA,..XS" . . Oo ~,,~-+~'~'~.~ . :,d -- ' '; ' ' " BUILDING CONDITION BEEOW ABOVE Volue Per Acre Volue AI IF 1-NE 50C!~1')" FOR LIOL~: APPRAISAL REPORT ON PROPERTY OF SPECTACLE RIDG~ NC. JAN 2 2 '~ S~TM: 1000-84-1-9/o 2 Land Area: Approximately l?.Z4 Acres Located at the 8outheest side of Oregon Road 733.10 feet southwest of Bridge Lane Cutehogue, New York As of August 14, 1992 = Prepared for - Mr. Frederick A. Ross, Chairman Land Preservation Committee Southold Town Hall Southold, New York I GORMAN & ASSOCIATE"~' . L,~..~I £~t~lt I RMAN & ASSOCIATES August 18, 1992 Real Estate Appraisals Love Lane, Mattituck, N.Y. 11952 516 - 298-8478 Frederick A. Ross, Chairman Land Preservation Committee Southold Town Hall Southold, New York 11971 Re: SCTM: 1000-84-1-p/o 2 Owner: Spectacle Ridge, Inc. Southeast side of Oregon Road Cutchogue, New York Dear Mr. Ross: At your request, we have inspected and appraised the above captioned property. In our opinion, the market value of the property rights, subject to the assumptions, limiting conditions and contingencies, as of August 14, 1992 is: CONCEPT I (Fee Simple Interest - 17.24 acres): THREE HUNDRED THIRTY-SIX THOUSAND DOLLARS ($336,000) CONCEPT II (Development Rights Only - 17.24 acres): ONE HUNDRED SEVENTY-TWO THOUSAND DOLLARS ($~72,000) A definition of market value, property rights being appraised, assumptions, limiting conditions and contingencies, as well as other pertinent facts, conclusions and methodology are contained in the attached report. We hope you will find the details of this appraisal report useful in your decision making process. Sincerity/ ho a$.7~/Gorman' ~ppraiser Michael E. Gorman Appraiser PURPOSE OF THE APPRAISAL The purpose of this appraisal is to estimate the Fair Market Value of the subject property as of August 14, 1992. This is the last date that the property was inspected. This valuation estimate will be utilized by the Town of Southold Land Preservation Committee to make an offer for the purchase of the property. D. DEFINITION OF INTEREST APPRAISED This appraisal is being made to estimate the Fair Market Value of an approximate 17.24 acre parcel which may be purchased in its entirety (fee simple interest) or may be partially purchased (development rights only)by the Town of Southold. For the purpose of this appraisal it is assumed the owner has a fee simple title to the real property, free and clear of all liens and encumbrances. APPRAISAL PROBLEM Spectacle Ridge, Inc. owns a 19.077 acre parcel of land at the southeast side of Oregon Road in Cutchogue, New York. The property is presently utilized as a vineyard. The Town of Southold is considering the possible purchase of either the Fee Simple Interest or the Development Rights only for the southeastern portion (approximately 17.24 acres) of the property (the subject property of this appraisal report). The value conclusions of this report are based on the following assumptions: 1. That a residential lot on Oregon Road which conforms to all requirements of the zoning ordinance (80,000 square feet) could be set-off (OUT PARCEL) from the total 19.077 acres. 2. That sufficient access to Oregon Road would be provided for the remaining 17.24 acres (SUBJECT PROPERTY). The Appraisal Problem is to estimate the Fair Marliet Value of the entire property (fee simple interest) for acquisition purposes, and to estimate the Fair Market Value of part of the property (development rights only) for acquisition purposes. The exact location, zoning and other factors are described herein. The acquisition is in the form of a possible purchase of either the fee simple interest or developmental rights only of approximately 17.24 acres of land, as of the effective appraisal date. 3 AREA DATA The Town of Southold, officially established in 1640, comprises most of the north fork of eastern Long Island and it includes Fishers, Plum, and Robins Islands. It covers an approximate area of 54 square miles or 34,600 acres. It is bounded by Long Island Sound on the north, by Block Island Sound on the east, by Peconic Bay on the south, and by the Town of Riverhead on the east. The "mainland" portion of the town is long and narrow in shape, approximately 21 miles in length, and covers an approximate area of 30,080 acres. The main east-west routes are County Route 48 (North Road) and State Route 25 (Main Road). The main north-south routes are in the Hamlets of Mattituck, Cutchogue, Peconic, Southold, and Greenport. The Long Island Railroad provides the town with both passenger and freight service. There are two Suffolk Transit bus routes (one provides service within the town, the other to the south fork as far as East Hampton), and the Sunrise Express bus (provides service to New York City). There are three ferry boat services in the town, the Greenport- Shelter Island Ferry, the Fishers Island-New London, Connecticut Ferry, and the Orient Point-New London, Connecticut Ferry. In addition, there is a ferry from Orient to Plum Island (disease research center) which is run by the federal government. There are three basic utility airports in the town. Mattituck Airport and Rose Field in Orient Point are privately owned, and Elizabeth Field on Fishers Island is owned by the town. The population has increased from 16,804 in 1970 to 19,172 in 1980 according to the United States Census, and Long Island Lighting Company's estimate as of January 1, 1991 was 19,831. The population more than doubles during the summer months and this variation contributes to a seasonal economy. The major economic base industries in Southold are agriculture, commercial fishing, tourism and recreation. Approximately 75% of the hotel and motel units in the town are seasonal, and approximately 31% of the residences are seasonal/second homes. Agriculture is a dominant feature of Southold's economy. Though approximately 50% of the agricultural acreage is used for potato production, this use has been decreasing recently while vegetable production, nurseries, vineyards, and horse farms have been increasing. For the most part in Southold, residential development has taken place first along the shores of Peconic Bay and Long Island Sound. As the population increases, however, the center section of the township is becoming more developed and summer homes are giving way to year round dwellings. The present economic stability of the area is fair. As of November, 1991, the unemployment rate was 6.3% in the Town of Southold as compared to 5.8% in Suffolk County, 7.7% in New York State, and 6.8% nationwide. The estimated median family income in 1991 was $41,291 in the Town of Southold as compared to $47,543 for Suffolk County. The local schools are considered to be excellent. 4 G. NF..IGHBORBOOD DATA The subject property is located in the Hamlet of Cutchogue, Town of Southold, County of Suffolk, New York. Cutchogue is located on the north fork of eastern Long Island approximately seventy-five miles east of Manhattan. Cutchogue is bounded by Long Island Sound on the north, by the Hamlet of Peconic on the east, by Peconic Bay and the Hamlet of New Suffolk on the south, and by the Hamlet of Mattituck on the west. Population surveys combined Cutchogue with the Hamlet of New Suffolk as recently as January 1, 1989. According to the United States Census, the population increased from 2,718 in 1970 to 2,788 in 1980. Long Island Lighting Company's estimate for Cutchogue only as of January 1, 1991 was 2,624 (compared to the 1990 U.S. Census of 2,627). The population doubles during the summer months, and this variation contributes to a seasonal economy. The Hamlet of Cutchogue covers an approximate area of 2,200 acres. The area is rural in nature with the majority of the acreage being utilized for agricultural purposes. Historically, the main agricultural produce has been potatoes, cabbage, and cauliflower. The latest trend has been a partial conversion of this agricultural acreage to the production of wine grapes (vineyards) and ornamental trees (nurseries). The subject property is located less than 0.5 mile northeast of the Southold Town Landfill. Nearby recreational facilities include numerous beaches and marinas, Old Cove Yacht Club, Captain Marty's fishing station, North Fork Country Club, and Cedars Golf Club. Businesses in the Hamlet of Cutchogue include a supermarket, two banks, numerous restaurants, four delicatessens, a hardware store, a pharmacy, and a stationary store. Cutchogue also has a volunteer fire department and a public library. The main north-south road is De~)ot Lane. The main east-west roads are Middle Road (C.R. 48) and the Main Road (S.R. 25). The area is serviced by a local taxi company, the Long Island Railroad main line (Mattituck or Southold stations), and a bus line. Cutchogue is serviced by the Mattituck-Cutchogue School District which covers grades kindergarten to 12. There is also a parochial school, Sacred Heart School, which covers grades kindergarten to 8. The local newspapers available are the Long Island Traveler-Watchman, Suffolk Times, Suffolk Life, and Newsday. The schools in the area are considered good. There are houses of worship for most major denominations throughout the area. -5- ECONOMIC TRENDS The Town of Southold, consistent with the pattern of Suffolk County, has a service oriented economic base. As shown below, the major occupational employment is in the managerial and sales segments, with 25.6 percent and 30.8 percent respectively. According to the 1980 Bureau of the Census Statistics, the occupational breakdown for Southold and Suffolk County is as presented below: Suffolk County Town of Southold Occupation Total % Total % Managerial 138,625 25.7 1,900 25.6 Sales 173,896 32.3 2,288 30.8 Service 71,419 13.3 1,109 14.9 Farming, Forestry, and Fishing 7,350 1.4 365 4.9 Production 72,511 13.5 1,028 13.8 Operators and Fabricators 74,750 13.8 745 10.0 Total 538,551 100.0 7,435 100.0 The Town of Southold is the third largest tourist oriented shopping district in Suffolk County, surpassed only by the Towns of Southampton (450 stores) and Brookhaven (203 stores). According to the Long Island Business Almanac, the Town of Southold has over 168 stores. A summary of the tourist oriented shopping districts is presented below: SUFFOLK COUNTY'S TOURIST ORIENTED SHOPPING DISTRICTS Stores Stores Bellport 36 Northport 94 Bridgehampton 57 Port Jefferson 142 Cold Spring Harbor 39 Sag Harbor 104 East Hampton 122 Southampton Village 224 Greenport 116 Southold 24 Hampton Bays 50 Stony Brook 25 Mattituck 28 Water Mill 26 Montauk 51 Westhampton Beach 99 Although the Town of Southold accounts for only 1.4% of the Suffolk County labor force, according to the 1980 Bureau of the Census statistics, Southold is a microcosm of Suffolk County's labor force. As of November, 1991, the unemployment rate was 5.8% in Suffolk County, as compared to 7.7% in New York State and 6.8% nationwide. The Southold unemployment rate was 4.4% as of November, 1990 and increased to 6.3% as of November, 1991 according to the Suffolk County Department of Labor. A service oriented economy requires an educated labor force to provide growth and long term stability. Suffolk County is no exception, and according to 1980 U.S. Census statistics, 39.64% of the population over twenty-five years old completed high school with 17.79% receiving a four year college degree (or more). Additionally, Suffolk County ranks 15th in the nation in service industry receipts, generating over $4.064 billion in revenues. This level of revenue is supported by a median family income which 6 experienced a 137.5% increase from the 1976 income of $20,000 to $47,500 in 1991. The Town of Southold experienced a similar increase of 137.4% from $17,400 in 1976 to $41,300 in 1991. Based on building permits issued, new construction activity in Suffolk County during the 1980's reached its peak of 8,969 in 1986, then declined every year thereafter to 7,649 in 1987, to 7,378 in 1988, to 5,159 in 1989, and to only 2,631 in 1990. This 1990 figure is the lowest in the years since WWII that records have been kept, and it represents a 71% decrease from the 1986 figure. This downward trend is also evident in the cost of new residential construction, which peaked in 1986 at $554.8 million, decreased 3% in 1987 to $538.1 million, decreased 6% in 1988 to $504.6 million, decreased 29%in 1989 to $356.1 million, and decreased 29% in 1990 to $252.8 million. The County population has increased 3.05% from the 1980 U.S. Census figure of 1,284,231 persons to 1,323,394 persons in 1991 according to the LILCO estimate, and LILCO's projected 2000 population is over 1.5 million. Population figures for the Town of Southold indicate a population increase of 3.44% from the 1980 figure of 19,172 to the estimated 1991 population of 19,831, and a projected population of 26,700 by the year 2000. The eastward migration of people along Long Island has been occuring for years. As the eastern portion of Long Island has become more populated, it has become more independent and self-sufficient in terms of commerce and production. Though the real estate market is currently depressed, the prospects of future property development appear probable based upon the economic characteristics and population trends of the area. (Ail statistics in this section courtesy of LONG ISLAND ALMANAC, 1987-92, a publication of LI BUSINESS News, and the 1990 U.S. Census). L Owner: Deed Date: Liber & Page: Grantor: Consideration: Occupancy: CURRENT OWNERSHIP AND OCCUPANCY Spectacle Ridge, Inc. 20 Harkim Road Greenwich, CT 06831 April 18, 1992 11455-548 Ernest Eo Theurer and Jonathan P. Wolff $100,000 The subject property is utilized as a vineyard. J. SALES N~TORY OF PROPERTY Spectacle Ridge, Inc. acquired title to the subject property and other property (Out Parcel) by virtue of a deed dated April 18, 1992 from Ernest E, Theurer and Jonathan P. Wolff. This deed was recorded in the Office of the Clerk of Suffolk County on April 27, 1992 in liber 11455 at page 548. A copy of this deed is exhibited on pages 8 and 9 of this report. The indicated consideration was $100,000. Ernest E. Theurer and Jonathan P. Wolff acquired title to the subject property and other property (Out Parcel) by virtue of a deed dated April 15, 1983 from Wesley Simchick, Stanley Simchick, Stephanie Sieminski, Florence Sieminski, Minnie Borawa, Bertha Zimnoski, and Mary Doroski. This deed was recorded in the Office of the Clerk of Suffolk County on April 22, 1983 in liber 9347 at page 125. The indicated consideration was $94,500. -7- PART R: VALUATION OF THE ENTIRE PROPERTY A. DESCRIPTION, OF LAND AND IMPROVEMENTS The subject property is located at the southeast side of Oregon Road 733.10 feet southwest of Bridge Lane in the Hamlet of Cutchogue, Town of Southold, County of Suffolk, New York. Oregon Road is a two lane macadam road. The property consists of the southeasterly portion of Suffolk County Tax Map parcel 100-84-1-2 (this tax map parcel has an area of 19.077 acres according to the Town of Southold Property Record Card). The subject property has a generally level topography with an approximate area of 17.24 acres (19.077 acres less 1.84 acres for set-off lot). The shape of the property is irregular, though overall it is roughly rectangular in shape. It has an approximate frontage of 366 feet on the southeast side of Oregon Road with a maximum width of 541 feet, a minimum width of 208 feet, a maximum depth of 1,889 feet, and a minimum depth of 1,411 feet. There are 57 staked rows of grape vines which run the length of the property (the plants in the southwestern 13 rows apparently died and have been removed). With regard to flood hazard area, the subject property is designated as Zone C (area of minimal flooding), according to Federal Community Panel Number 3608130093D dated April 17, 1985. According to the Soil Survey of Suffolk County, New York prepared by the U.S. Conservation Service, the subject property is located within the Haven-Riverhead Association (deep, nearly level to gently sloping, well-drained, medium-textured and moderately coarse textured soils on outwash plains). More specifically, the subject property is comprised of two soil phases. The majority of the site is designated as HaA (Haven loam, 0% to 2% slopes) with the balance designated as RdA (Riverhead sandy loam, 0% to 3% slopes). These soils are well suited for all crops commonly grown in Suffolk County. The hazard of erosion is slight for these two soil phases. There is a cistern and electric service at the center of the site's Oregon Road frontage (Out Parcel). Utilities available include Long Island Lighting Company electric and New York Telephone Company. Reference is made to the addendum for a copy of the tax map. PRESENT USE OF THE PROPERTY The property is currently utilized as a vineyard. C. ZONING AND GOVERNMENTAL REGULATIONS OF THE PROPERTY The subject property is zoned A-C Agricultural Conservation by the Town of Southold. This zoning district permits agricultural uses and one-family detached dwellings, not to exceed one dwelling on each lot. The minimum requirements for one-family detached dwellings include a lot size of 80,000 square feet, a lot width of 175 feet, and a lot depth of 250 feet. The site meets all of the requirements of the ordinance, subject to the building setback for each individual potential plot. Calculated on the basis of one plot per 80,000 square feet, the subject property could yield 9 plots. A cluster development would be required by the Town. - 10 - D. TAXES AND A~ESSgD VALUATION The subject property and the Out Parcel are assessed together by the Town of Southold as follows: Owner: Spectacle Ridge, Inc. 20 Harkim Road Greenwich, CT 06831 SCTM: School District: Mattituck - Cutehogue The 1991 total assessed valuation is: Land: $4,800 The 1991-92 total real estate taxes are: District 1000; Section 084.00; Block 01.09; Lot 002.000 Total: $4,900 $2,851.63 g. HIGHEST AND BEST USE Highest and Best Use is that reasonable and probable use that will support the highest present value, as defined, as of the effective date of the appraisal. The use must be physically, legally, and economically possible and feasible. Additionally, the use should be reasonably probable and appropriately supported. Development of the subject proeprty as a major residential subdivision is physically and legally possible. However, due to the property's proximity to the Southold Town Landfill, development as a major residential subdivision does not appear feasible. In our opinion, the Highest and Best Use of the subject property on the effective date of the appraisal is its current use, as a vineyard, or any other agricultural use. F. THE APPRAISAL PROCESS An appraisal is an estimate of value. In arriving at an estimate of market value for the subject property, it is appraisal practice to assemble as much information from the market as is available and to properly utilize this information in forming the value estimate. The appraisal process is a systematic procedure which is consistently utilized in the solution of an appraisal problem. Through application of this process, the problem is defined and the necessary data is acquired, classified, analyzed, and translated into an estimate of value. There are three accepted methods for finding indications of value which are utilized for the development of a final value estimate. These include the Cost Approach, the Income Approach, and the Direct Sales Comparison Approach. Each is based upon the principle of substitution. Ail three approaches to value have been considered in the estimate of market value for the subject property. The Cost Approach to Value is an estimate of the cost of purchasing a comparable site and reproducing the subject improvements. An estimate of the site value is first derived by a direct sales comparison of other similar sites which have sold in comparison to the subject site. An estimate is then made of the cost of reproducing the subject improvements at the date of the appraisal. From this cost is deducted the estimated loss in value through diminished utility such as physical deterioration, functional obsolescence, or locational obsolescence. The estimate of market value is the combination of the site value and value of the improvements including all site improvements. - I1 - The Income Approach to Value is an estimate which is made by estimating, by comparable rentals, the market rent which the subject property would command if rented on the open market at the date of the appraisal. Estimates are also made of the appropriate vacancy and expense ratios for the subject based on information developed from similar properties in the market. An indication of the net operating income which is attributable to the subject is developed. This indicator is the basis for any of the capitalization techniques, regardless of which one is indicated by the type of property or investor. The rate of return on investments in similar type properties is derived from the market, and this rate, combined with the mortgage constant times the value to loan ratio, will give a weighted average; from the weighted average credit for an equity build-up is subtracted and adjustment |s made for appreciation or depreciation if required; this will give an overall rate which is used to capitalize the indicated net income into an indication of value by the Income Approach. The Direct Sales Comparison Approach is a method of arriving at market value. The components of the definition of market value indicate the factors to be considered in attempting to estimate, from market data of sales of competitive properties, what the subject is most likely to sell for under specified market conditions. The Direct Sales Comparison Approach utilizes the sales of similar properties as the basis for an indication of value for the subject property. Direct comparisons are made between the sales and the subject on an item-by-item basis such as location, date of sale, conditions of sale, terms of financing, as well as physical characteristics. Adjustments are made to the sales price of each comparable property to arrive at an indication of what that property ~vould have sold for had it been similar in all respects to the- subject property. These adjusted sales prices are correlated into an indication of value. In most eases, there are more than one meaningful unit of comparison for any given type of property. After arriving at indications of value by each of the three approaches, these three indications of value are correlated into a single conclusion of value. G. INDICATED VALUE BY COST APPROACH The Cost Approach is not applicable for this appraisal assignment since there are no buildings on the site. H. INDICATED VALUE BY INCOME APPROACH The Income Approach is not applicable for income data is available for the subject property. this appraisal assignment since no L INDICATED VALUE BY DIRECT SALES COMPARISON APPROACH The Direct Sales Comparison Approach is considered the applicable approach for this appraisal assignment since the property is vacant land. Six sales of acreage competitive with the subject property have been utilized by your appraisers in the valuation process. Following is a summary of these six comparable sales with adjustments applied to the individual prices. These adjustments are on a per acre basis. - 12 - L INDICATED VALUE BY DIRECT SALES COMPARISON APPROACH (CONTINUED) Sale #1 Sale #2 Sale #3 Sale #4 Sale #5 Sale #6 Date of Sale 4/30/91 10/25/91 5/4/90 3/6/89 1/19/89 2/27/89 Land Area (acres) 36.4 28.33 16.4 16.7 23.9 61.7 Road Frontage (feet) 373 1,872 1,749 690 542 1,011 Zoning A-C LIO A-C A-C A-C A-C Grape Vines Yes No No No No No Location Superior Inferior Superior Superior Inferior Superior Purchase Price $700,000 $582,200 $420,000 $350,000 $390,500 $1,205,000 Price Per Acre: $19,231 $20,551 $25,610 $20,958 $16,339 $19,530 ADJUSTMENTS (PER ACRE): Land Area +10% - 0 - - 0 - - 0 - - 0 - +15% Road Frontage - 0 - -15% -15% -10% -5% -10% Zoning - 0 - -20% - 0 - - 0 - - 0 - - 0- Grape Vines - 0 - +10% +10% +10% +10% +10% Location -10% +20% -20% -5% +15% -15% Net Adjustments (%): Net Adjustments ($): INDICATED VALUE: - 0 - -5% -25% -5% +20% - 0- - 0 - -1,028 -6,403 -1,048 +3,268 - 0- $19,231 $19,523 $19,208 $19,910 $19,607 $19,530 - 13 - J- CORRELATION AND CONCLUSION OF VALUE Your appraisers have utilized six sales of acreage competitive with the subject property. The sales were adjusted for land area, road frontage, zoning, grape vines, and location. Large parcels of land generally sell at a lower price per acre than small parcels of land. Sales #1 and #6 were positively adjusted 10% and 15% respectively to reflect their much larger size. The other sales did not require a land area adjustment. Sales #2, #3, #4, #5, and #6 have more road frontage than the subject property, so they were negatively adusted 15%, 15%, 10%, 5%, and 10%, respectively, to reflect this superiority. Sale #2 is zoned LIO Light Industrial/Office Park and was negatively adjusted 20% for this superior zoning. The other sales are zoned A-C Agricultural Conservation, as is the subject property, so they did not warrant a zoning adjustment. The subject property is improved with grape vines, as is Sale #1. The other sales are not improved with grape vines, so they were positively adjusted 10% for this inferiority. Both Sales #2 and #5 are subject to a LILCO easement (high tension wires), and Sale #2 is located less than 500 feet from the Southold Town Landfill, so these sales were positively adjusted 20% and 15% respectively to reflect their inferior locatiom Sale #1 is located on the Main Road, Sale #3 has a corner location, and Sale #6 has frontage on three different roads, so these sales were negatively adjusted 10%, 20% and 15% to reflect their superior location. Sale #4 does not have the negative influence of the landfill, as does the subject, so it was negatively adjusted 5% to reflect its superior location. The range in value before the above adjustments were applied was from $16,339 to $25,610 per acre. After the above adjustments were applied, the range was narrowed to from $19,208 to $19,910 per acre. It is your appraisers, opinion that the Fair Marl(et Value of the subject property by the Direct Sales Comparison Approach as of August 14, 1992 is $19,500 per acre, or: 17.24 acres x $19,500 per acre = $336,180 ROUNDED TO THREE HUNDRED THIRTY,SIX THOUSAND DOLLARS ($336,000) I I 1 I I PART HI: PROPERTY AND RIGHTS ACQUIRED A. DESCRIPTION OF PROPERTY AND RIGHTS ACQUIRF..r~ With regard to the description of the property, reference is made to the description presented previously on page 10 of this report (Part II, Section A), under the heading "Description of Land and Improvements.,, With regard to the rights acquired, the Town of Southold is considering either an acquisition of the entire property (fee simple interest) or a partial acquisition (development rights only). B. EFFECT OF ACQUISITION ON PROPERTY This acquisition results in the entire 17.24 acres becoming conservation land, (Concept I) or the entire 17.24 acres becoming agricultural land with all development rights sold (Concept II). Residential development would no longer be possible in either case. - 14 - PART IV: VALUATION OF REMAINDER PROPERTY A. DESCRIPTION OF LAND AND LAND IMPROVEMENTS With regard to the description of the subject property, reference is made to the description presented previously on page 10 of this report (Part II, Section A), under the heading "Description of Land and Improvements." B. HIGHEST AND BEST USE Highest and Best Use is that reasonable and probable use that will support the highest present value, as defined, as of the effective date of the appraisal. The use must be physically, legally, and economically possible and feasible. Additionally, the use should be reasonably probable and appropriately supported. In our opinion, the Highest and Best Use of the agricultural rights remainder property is for conservation/agricultural purposes as the development rights will have been purchased by the Town of Southold. C. INDICATED VALUE BY COST APPROACH The Cost Approach is not applicable for this appraisal assignment since there are no buildings on the site. D. INDICATED VALUE BY INCOME APPROACH The Income Approach is not applicable for this appraisal assignment since no income data is available for the subject property. E. INDICATED VALUE BY DIRECT SALES COMPARISON APPROACH The Direct Sales Comparison Approach is considered the applicable approach for this appraisal assignment since the property is vacant land. Six sales of agricultural rights acreage (development rights sold) competitive with the subject property have been utilized by your appraisers in the valuation process. Following is a summary of these six comparable sales with adjustments applied to the individual sale prices. These adjustments are on a per acre basis. - 15 - E. INDICATED VALUE BY DIRECT SALES COMPARISON APPROACH (CONTINUED) Sale #7 Sale #8 Sale #9 Date of Sale 8/31/90 11/20/90 11/15/89 Land Area (acres) 22.8 37.2 22.4 Road Frontage (feet) 833 30 175 Zoning A-C A-C A-C Improvements None Potato Barn None Location Cutchogue Cutchogue Southold Purchase Price $185,000 $375,000 $182,000 Price Per Acre $8,114 $10,081 $8,125 ADJUSTMENTS (PER ACRE): Time +10% +9% +14% Improvements - 0 - -10% - 0 - Location - 0 - - 0 - - 0 - Net Adjustments (%): +10% -1% +14% Net Adjustments ($): +811 -101 +1,138 INDICATED VALUE: Sale #10 Sale #11 Sale #12 4/19/91 8/9/91 1/30/91 25.9 19.5 18.358 786 659 160 CR-80 Agr. A A-2 None None None Bridgehampton Northville East Hampton $250,000 $196,000 $167,500 $9,653 $10,051 $9,124 +7% +5% +8% - 0 - - 0 - - 0 - -5% - 0 - -10% +2% +5% -2% +193 +503 -182 $8,925 $9,980 $9,263 $9,846 $10,554 $8,942 - 16 - F. CORReLaTION AND CONCLUSION O~ VALUE Your appraisers have utilized six sales of agricultural rights acreage (development rights sold) competitive with the subject property. The sales were adjusted for time, improvements, and location. All of the sales occurred prior to the appraisal date, so they were positively adjusted by the annual rate of 5% to reflect their value appreciation. Market research indicated that an annual appreciation rate of 5% was applicable for this type of property. Sale #8 is improved with a potato barn, so it was negatively adjusted 10% to reflect this superiority. The other sales are vacant, so they did not require an improvements adjustment. Of the four townships comprising the mainland portion of the north and south forks of eastern Long Island, acreage values are generally the highest in the Town of East Hampton and second highest in the Town of Southampton. Sale #12 is located in the Town of East Hampton, so it was negatively adjusted 10% to reflect its superior location. Sale #10 is located in the Town of Southampton, so it was negatively adjusted 5% to reflect its superior location. Sales #7, #8, and #9 are located in the Town of Southold and Sale #11 is located in the Town of Riverhead, so no location adjustment was necessary. The range in value before adjustments were applied was from $8,114 to $10,081 per acre. After the above adjustments were applied, the range was narrowed to from $8,925 to $10,554 per acre. It is your appraisers' opinion that the Fair Market Value of the subject property by the Direct Sales Comparison Approach as of August 14, 1992 is $9,500 per acre, or: 17.24 acres X $9,500 per acre = $163,780 ROUNDED TO ONE HUNDRED SIXTY-FOUR THOUSAND DOLLARS ($164,000) PART V: ALLOCATION OF DAMAGES BEFORE AND AFTER VALUE.q CONCEPT I Before Value $336,000 After Value -0 Total Damages $336,000 CONCEPT II $336,000 - 164,000 $172,000 DIRECT DAMAGES Total Damages $336,000 $172,000 C. SEVERANCE DAMAGES CONCEPT h The Town of Southold desires to acquire the subject property in its entirety (fee simple interest). There is no remainder property so therefore there are no severance damages. CONCEPT II: The Town of Southold desires to acquire the development rights only from the subject property. The size of the property is not affected by this acquisition. Therefore, there are no severance damages. OTHER DAMAGES There are no other damages. E. TOTAL DAMAGES CONCEPT I (Fee Simple Interest Acquisition): CONCEPT II (Development Rights Acquisition): $336,000 $172,000 ! { PART VI: A. BREAKDOWN OF INTEREST~ CONCEPT I (Fee Simple Interest Acquisition): 1. Allocation before and after: Value Before APPRAISED COMPENSATION Land $336,000 Land Improvements 0 Building Improvements N/A Other 0 TOTAL $336,000 Value After 0 0 N/A Differences $336,000 0 N/A 0 0 0 $336,000 2. Analysis of damages: Acquired Direct Land $336,000 Land Improvements 0 Building Improvements 0 TOTAL $336,000 Acquired Indirect 0 0 0 CONCEPT ii (Development Rights Acquisition): Allocation before and after: Value Before Value After Differences Land $336,000 $164,000 $172,000 Land Improvements 0 0 0 Building Improvements N/A N/A N/A Other 0 0 0 TOTAL $336,000 $164,000 $172,000 2. Analysis of damages: Acquired Direct Land $172,000 Land Improvements 0 Building Improvements 0 TOTAL $172,000 - 19 - Acquired Indirect 0 0 0 0 I I 1 I PART VH: ADDENDUM I I I I I I I I L 0 N G I S L A N D S 0 U N D ~ Sale MAT/rlTuCK' Sale 3 IJ958 HOG ~Sale 4 NECK ,BAY 0 N G Sale Sale 10 .C Block Island Sound Gardinerw o.~N~ ~ ~ PHOTOGRAPHS OF SUBJECT PROPERTY Western corner looking northeast along Oregon Road frontage Western corner looking southeast along property line - A5 - RMAN & ASSOCIATES Real Estate Appraisals Love Lane, Mattituck, N.Y. 11952 516- 298-8478 June 26, 1992 Frederick A. Ross, Chairman Land Preservation Committee Southold Town Hall Southold, New York 11971 Re: Time frame for one narrative appraisal report SCTM: 1000-84-1-2 Owner: Spectacle Ridge, Inc. Approximately 16.8 acres of vacant land Southeast side of Oregon Road, Cutchogue, New York Dear Mr. Ross, We are in receipt of the Town Board Resolution of June 16, 1992 ~ngaging our firm to prepare a narrative appraisal report for the property described above. The estimated time frame for the completion of this report is approximately 2 to 3 weeks. Thank you very much for your consideration. We look forward to working on this assignment in an efficient and timely fashion. Sincerely, Michael E. Gorman ID6E 826.17' LALLY Our DWLG .fO0.00' S 45'-.f5'-35' ® 23.9735 Acres LAND OF THE SOCIETY FOR TH~ PI~PO~ATION OF THE FAITH V~C. 999.38' · r.~.'.~.,'.$ .47, '35 '-55 ' ,~-,, '. I403 .'70,~ I 5.6c~ I.AH ~ 404., ,/ EXISTING TAX BY THE TONN OF SOUTHOLD PULLMAN COMLEY Attorneys At Law Reply to: Bridgeport Tel. 330-2000 March 23, 1993 Eric ]. Appellof Timothy A. Bishop William J Wen~l Alice Ann Care¥ Mr. Gerard P. Goehringer Chairman Zoning Board of Appeals Town of Southold Town Hall P. O. Box 1179 Southold, NY 11971 2 9 Re: Appllcation No. 4144 - spectacle Ridge, Inc. Dear Mr. Goehringer: Enclosed herewith please find a Restrictions prepared pursuant to regarding the above and hopefully findings and determination. Declaration of Covenants and your previous correspondence in accordance with the Board Please note that Spectacle Ridge, Inc. has now merged with Lieb Vineyard, Inc. and title to the property is now in the name of Lieb Vineyard, Inc. If the Declaration of Covenants and Restrictions meets with your approval, please return it to us and we will have it recorded in the Southold Land Records. If there are any problems with the Declaration or the format used, please advise immediately so that we can make the necessary modifications thereto. Thank you for your cooperation in this regard. Vesy~ truly ~yours, JPW/amb~ Enclosure cc: Mark Lieb LC19353831. lgoe 850 MAIN STREET RO. BOX 7006 BRIDGEPORT, CT06601-7006 (2 ) 2 A 200 PEQUOT AVENUE EO. BOX 510 SOUTHPORT, CT06490-0510 (203)254-5000 FAX (203)254-5070 ONE CENTURY TOUR NEW HAVEN, CT 06510-7000 (203)77~-3006 FAX (20D 776-7075 Dist: 1000 S~ct: 084.00 Blk: Lot: DECLARATION OF COVENANTS AND RESTRICTIONS This Declaration is made this 23rd day of March, 1993 by LIEB VINEYARD, INC. formerly known as SPECTACLE RIDGE, INC., having its principal office at 14990 Oregon Road, Cutchogue, New York 11935 hereinafter referred to as the "Declarant"; WITNESSETH WHEREAS, the Declarant is the owner in fee simple of a certain parcel of land situate on 14990 Oregon Road, Cutchogue, in the Town of Southold, County of Suffolk and State of New York, being a portion of the premises described in a deed dated April 18, 1992 and recorded on April 27, 1992 in the Suffolk County Clerk's Office at deed Liber 11455, Page 548 and a portion of the premises described in a deed dated October 20, 1992 and recorded on November 6, 1992 in the Suffolk County Clerk's Office at deed Liber 11568, Page 78, which premises are described as follows: ALL THAT CERTAIN piece of parcel of land situate, lying and being at Cutchogue, Town of Southold, County of Suffolk, State of New York, being bounded and described as follows: Beginning at a point on the southeasterly side of Oregon Road distant 720.94 feet southwesterly along the southeasterly side of Oregon Road form the corner formed by the intersection of the southeasterly side of Oregon Road and the southwesterly side of Bridge Lane; Running thence S 47° -35' -55" E along other lands of Spectacle Ridge, Inc. a distance of 501.10 feet; thence S 42° -24' -05" W still along last said lands 305.00 feet; thence N 47° -35' -55" W still along last said lands 551.26 feet to the southeasterly side of Oregon Road; Running thence N 51° -44' -30" E along the southeasterly side of Oregon Road a distance of 309.10 feet to the point or place of beginning. Hereinafter referred to as the "premises". WHEREAS, said Declarant has applied to the Board of Appeals of the Town of Southold (Appeal No. 4144 decided on January 14, 1993 for a variance from Article III, Section 100-3iA(i) of the Zoning Ordinance for permission to establish a second CS9353831.1dec cov residential use in the proposed accessory barn building located in the front yard area as per Appl. No. 4132A, decision rendered November 9, 1992) as living area for a family member or guest and a domestic servant (in one single unit of the premises). WHEREAS, the Board of Appeals has granted the variance subject to certain conditions and the requirement that such conditions be set forth in recorded covenants and restrictions. NOW, THEREFORE, the Declarant hereby declares that the aforesaid premises is held and shall be conveyed subject to the following covenants and restrictions which shall run with the land in perpetuity: 1. Both dwelling units will not be conveyed separately or otherwise subdivided unless applications are filed with and approved (or waived in writing) by the Southold Town Planning Board in accordance with the Chapter 106 of the Code of the Town of the Town of Southold; and 2. If a conveyance of land is proposed to separate the dwelling (or dwellings) from the land preserved for farmland if and when acquired by the Town of Southold, then the properties must conform to the lot size requirements of Chapter 100 (Zoning) of the Town of Southold which currently requires a minimum amount of land area applied to each dwelling of 80,000 sq. ft., for a total of 160,000 sq. ft. for both dwellings); and 3. The Northerly (barn) building shall be limited to permanent residency by family members (no unrelated residency), and residential use may not be rented to transients, or be used for an inn, motel, or similar type of lodging. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of the Board of Appeals for the Town of Southold. IN WIT~88 W~ER~OF, the Declarant has caused this Declaration of Covenants and Restrictions to be executed by an officer duly authorized as of the day and year first above written. By: Its LIEB VINEYiqRD, INC. ~a/r~k L;eb ~ APPEALS B OABD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OFAPPEALS TOWN OFSOUTHOLD _,~,.~ I January 25, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. Garrett A. Strang, R.A. P.O. Box 1412 Southold, NY 11971 Re: Appl. No. 4144 - Spectacle Ridge, Inc. Dear Mr. Strang: Attached please find a copy of the Board's findings and determination rendered at our January 14th Regular Meeting. Once the property owner has had their attorney prepare the requested Declaration of Covenants, please send one copy to our office for review and confirmation of acceptance, in writing. Copies of this determination have also been transmitted to the Building Department and Planning Board offices for their file updates. Very truly yours, GERARD P. CHAIRMAN Enclosures Copies of Decision to: Southold Town Building Inspectors Southold Town Planning Board GOEHRINGER APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: DATE: SUBJECT: Mr. Art Ross, Chairman, Land Preservation Committee Board of Appeals ~~~. January 22, 1993 Spectacle Ridge, Inc. - Two Dwellings on 3.67 A Joint Project for: Two Dwellings on 3.67 Acres plus Land Preservation on Remaining Land 17.1869 Acres As a follow-up to communications with you during late October 1992 concerning the above property, we are attaching a copy of a conditional variance for an increase of density (two dwelling units on the entire 20.86 acres -- confirmed by the survey prepared August 26, 1992 by Smith & Jung, L.S. (copy also attached). In reviewing the town's appraisal dated August 14, 1992, it appears that approximately 17 acres is being proposed for land preservation/acquisition by the Town. In the event this acreage in increased to more than 17.2 acres, you should be aware that the Board of Appeals has allowed a designated 3.67 acres (160,000 sq. ft. as a minimum) for residential yard areas related to the proposed two dwellings. Attachments (2) cc: Judith T. Terry, Town Clerk APPEALS BOARD MEMBERS Gerard R Gcehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: DATE: SUBJECT: Mr. Art Ross, Chairman, Land Preservation Committee Board of Appeals ~,~ January 22, 1993 Spectacle Ridge, Inc. - Two Dwellings on 3.67 A Joint Project for: Two Dwellings on 3.67 Acres plus Land Preservation on Remaining Land 17.1869 Acres As a follow-up to communications with you during late October 1992 concerning the above property, we are attaching a copy of a conditional variance for an increase of density (two dwelling units on the entire 20.86 acres -- confirmed by the survey prepared August 26, 1992 by Smith & Jung, L.S. (copy also attached). In reviewing the town's appraisal dated August 14, 1992, it appears that approximately 17 acres is being proposed for land preservation/acquisition by the Town. In the event this acreage in increased to more than 17.2 acres, you should be aware that the Board of Appeals has allowed a designated 3.67 acres (160,000 sq. ft. as a minimum) for residential yard areas related to the proposed two dwellings. Attachments (2) cc: Judith T. Terry, Town Clerk APPEALS BOARD MEMBERS Gerard R Geehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD BOARD FINDINGS AND DETERMINATION SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appeal No. 4144 Application of SPECTACLE RIDGE, INC. for a Variance to the Zoning Ordinance, Article III, Section 100-31A(1) for permission to establish second residential use in the proposed accessory barn building (located in the front yard area as per Appl. No. 4132A, decision rendered November 9, 1992) as living area for family member or quests and domestic servant {in one single unit}. Section 100-3IA(i) provides for single- family use, not exceeding one dwelling per lot. Location of Property: 14990 Oregon Road, Cutchogue; County Tax Map No. 1000-84-01-02. WHEREAS, after due notice, a public hearing was held on January 14, 1993, and those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, the current zoning of this property (A/C) and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The property in question is situated along the southerly side of Oregon Road, situate approximately 730 feet west of its intersection with Bridge Lane, Cutchogue, Town of Southold, as identified on the Suffolk County Tax Maps as District 1000, Section 84, Block 1, Lot 2. 2. This parcel contains a total acreage at this time of 19.07 acres; town assessment records show that it is improved with a barn building used solely for agricultural and farming purposes. 3. Pending with the Southold Town Planning Board is an application for an alteration of lot line which would confirm a proposed exchange of property of 1.78 acres (see survey map prepared by Smith & Jung, L.S. dated August 26, 1992) from Land of the Society for the Propagation of the Faith and ASIP to Page 2 - Appl. No!~144 Matter of SPECTACLE RIDGE, INC. Decision Rendered January 14, 1993 Spectacle Ridge, Inc. (the applicant herein). This 1.78-acre strip is shown to be 56 feet in width along oregon Road and extends in a southerly direction 1403.70 feet, and is to be merged with the 19.07+- acres of Spectacle Ridge, Inc. for a total land area of 20.8627 acres. 4. By this application, a variance is requested for permission to convert a proposed barn building, which is presently authorized for storage purposes accessory to the main residence, to a single-residential unit of 1700 sq. ft. of floor area for residency-occupancy by the property owner's brother, and possibly a domestic servant. 5. As part of this submission, the applicant has agreed to utilize and apply at least 80,000 sq. ft. of land for each of the two residential uses, for a minimum of 160,000 sq. ft. until such time that a conveyance would be proposed. If and when a conveyance is proposed in the future for either or both houses, an application to the Southold Town Planning Board, and other agencies, must be filed and finalized in accordance with the land regulations in effect at the time of the subdivision and conveyance of the land. 6. Also noted for the record is the fact that a public hearing is being held by the Southold Town Board concerning the acquisition of development rights (for land preservation) involving 17+- acres remaining out of the entire 20.8 acres, based upon the application before and recommendation of the Southold Town Land Preservation Committee. 7. The Bulk, Area and Parking regulations in effect at this time applicable to the Agricultural-Conservation Zone District does require a minimum land area of 80,000 sq. ft. for one principal dwelling (or other principal building/use). The applicant has indicated that there will be no conveyance proposed in the near future, and that the entire acreage will remain in the ownership of Spectacle Ridge, Inc. until such time as subdivision approvals have been applied for and received. 8. In consideration this application, the Board finds: (a) that the essential character of the neighborhood will not be undesirably affected since the amount of land area is and will remain at 20.86 acres - which is substantially in excess of the today's minimum requirement of 160,000 for two dwelling units - although a variance was required to permit more than one dwelling structure on a single 20.86-acre lot as surveyed August 26, 1992; Page 3 - Appl. No~144 Matter of SPECTACLE RIDGE, INC. Decision Rendered January 14, 1993 (b) that the relief requested to allow a second dwelling on 20.8 acres will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; (c) that the relief requested will not be a substantial increase in the permitted single-family use density, or cause a substantial effect on available governmental facilities since the remaining 17.18 acres is proposed for land preservation, and dwelling unit expansion or other development on this property will necessitate subdivision approvals from the Southold Town Planning Board and other appropriate agencies; (d) although the difficulty is self-created, the relief requested is minimal and not unreasonable in light of the circumstances affecting this property and proposals of the owner as described herein; (e) that although the development rights of the property are being contemplated for acquisition by the Town of Southold at the recommendation of the Land Preservation Committee Meeting (and pending at this time see Minutes of Town Board Public Hearing was held January 19, 1993), the entire acreage of 20.86 acres would include 3.6731 acres for the two dwelling units, and 17.1869 acres wouldbe available as the remaining acreage for acquisition in the land preservation program. (Please see survey prepared August 26, 1992 for the whole parcel to be in the ownership of Spectacle Ridge, Inc. amended.) as NOW, THEREFORE, on motion by Chairman Goehringer, seconded by Member Doyen, it was RESOLVED, that SPECTACLE RIDGE, INC. be granted a variance to allow two dwelling units on one 20.85-acre parcel, as shown on the August 26, 1992 survey prepared by Smith & Jung, L.S., SUBJECT TO THE FOLLOWING CONDITIONS: 1. That both dwelling units will not be conveyed separately or otherwise subdivided unless applications are filed with and approved (or waived in writing) by the Southold Town Planning Board in accordance with the Chapter 106 of the Code of the Town of Southold; and 2. That if a conveyance of land is proposed to separate the dwelling (or dwellings) from the land preserved for farmland if and when acquired by the Town of Southold, then the properties must conform to the lot size requirements of Chapter 100 (Zoning) of the Town of Southold which currently requires a Page 4 - Appl. NOO144 Matter of SPECTACL~ RIDGE, INC. Decision Rendered January 14, 1993 minimum amount of land area applied to each dwelling of 80,000 sq. ft., for a total of 160,000 sq. ft. for both dwellings); and 3. That a Declaration of Covenants and Restrictions be prepared in legal, recordable form and signed by the owner(s) and their attorney, for submission to Town (Zoning Board of Appeals), incorporating the above agreement and conditions which shall be forever binding upon the owner, subsequent owners, their successors and assigns, in perpetuity. After acceptance of this Declaration by the Chairman or as amended with the advice of the Town Attorney, a conformed copy of the original, after filing with the Suffolk County Clerk's Office, shall be furnished to the Board of Appeals for permanent recordkeeping purposes~ and 4. (See be]ow)* Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. lk Northerly by family members *4. (barn) residency use may not rented to transients, or similar type of lodging. building shall be limited to permanent (no unrelated residency), and residential be used for an inn, motel, or LAND PRESERVATION COMMITTEE MEETING MINUTES OF DECEMBER 15, 1992 Present were: Art Ross, Chairman Dick Ryan, Member Gerry Dennehy, Member Bud Cybulski, Member Doug McGahan, Member Ruth Oliva, Member The Minutes of the November 17, 1992 meeting stand as read. Art began the meeting by reading an article that Bud Cybulski submitted from the "Common Gound." Does Farmland Protection Pa¥?--a new report by the American Farmland Trust--summarizes two years of research in three Massachusetts communities on the comparative economics of preser- vation and residential development. The report finds that farm and open lands absorb only 33¢ in government services for every dollar in taxes they generate. Residential development, on the other hand, reverses the flow of funds, requiring $1.12 inservices for every tax dollar gen- erated. Old Business: The balance in the Farmland fund according to Mr. Cushman is $763,853.91. Fort Corchaug - The Town Board reports that representatives of the Town Board, the Planning Board, the Land Preservation Committee and the Town Attorney's office will meet to discuss Fort Corchaug. Art read the letter Mr. Baxter sent to him on December 8th amending his offer to the Town by offering 30 acres, rather than 21.7 acres, at no increase in the proposed price of $1,000,000. The committee studied the new map sent to Art from -2- Mr. Baxter. Art will write to Mr. Baxter re: his letter of December 8th. The committee, after thorough discussion, recommends to the Town Board the purchase of the following properties: Hope T. Gillispie and Diana Alford Tax Map No. 1000-20-1-2 Main Road, Orient 20 acres - $13,500 per acre Total - $270,000.00 Catherine Simicich Tax Map No. 1000-113-7-19.22 Bergen Avenue, Mattituck 30 acres - $10,000 per acre Total - $300,000.00 Spectacle Ridge, Inc. Tax Map No. 1000-84-1-p/o 2 Oregon Road, Cutchogue 18.7918 acres - $9,976.00 per acre Total - $187,467.00 Committee member John Simicich took no part in the committee's decisions concerning these recommendations. With no further business to discuss, the meeting was adjourned at 9:15 p.m. ~Joyce M. Wilkins, Secretary Southold Town Land Preservation C~mmittee SCOTT L. HARRIS SUPERVISOR FAX (516) 765 - 1823 TELEPHONE (516) 765 - 1800 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF SOUTHOLD January 14, 1993 P r e s e n t : HON. GERARD P. GOEHRINGER, JAMES DINIZIO, JR. SERGE DOYEN ROBERT A. VILLA RICHARD C. WILTON (7:30 p.m. Chairman Hearing) LINDA KOWALSKI, Secretary-Clerk to Board Board of Appeals Page 22 1/14/93 Hearings APPLICATION NO. 4144 - of SPECTACLE RIDGE~ INC. for a Variance to the Zoning Ordinance, Article III, Section 100-31A(1) for permission to establish second residential use in the proposed accessory barn building (located in the front yard area as per Appl. No. 4132A, decision rendered November 9, 1992) as living area for family member or guests, and domestic servant (in one unit). Section 100-3iA(i) provides for single-family use, not exceeding one dwelling per lot. Location of Property: 14990 Oregon Road, Cutchogue; County Tax Map No. 1000-84-01-02. The subject premises is zoned Agricultural-Conservation and contains a total area of 19+- acres. 8:02 p.m. (The Chairman opened the hearing and read the Legal Notice and application for the record.) THE CHAIRMAN: Again, I have a site plan --sorry, actually it is a survey by Smith and Young, March 3, 1992, and additional data added September 15, 1992; and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Let me get the other map out. And I would like to ask the architect if he would like to speak on behalf of the applicant. How are you tonight, sir? Appearance: GARY STRANG, Architect, for the Applicant MR. STRANG: Good evening. Fine, thank you. Yourself? I believe the Board is relatively familiar with this application based on our previous applications before this Board of Appeals Page 23 /14/93 Hearings Board. Board. itself. I hope I can address the concerns and issues to the Essentially the application is relatively clear in What we are trying to accomplish here is a family compound on this working vineyard that these people reside in the principal dwelling, and the accessory building barn with the second floor also to be used for residential purposes, specifically as mentioned in the application for an apartment for a brother of the owner, who is also the farm-manager or the vineyard manager, and some guest facilities. My client's preference is to have the guest rooms segregated from his own principal dwelling. As pointed out, the property in reality is actually closer to 21 acres and our intention here is to convey the development rights or sell the development rights of the vineyard to the Town of Southold. That is already ongoing and in process with the Town and met with, I guess, preliminary approval, and it has been before the Town Board at this point for their final action. Essentially, what would be done is, we would be holding out 160,485 square feet for the residential purpose, or purposes in this case, or essentially four acres, four builder's acres. The remaining land of 17 acres and change would be part of these development rights and would be in the Town of Southold. Again, I believe the Board is familiar with this application and what we are looking to accomplish, and I w~ill be receptive to answer any questions or if the Board has any comments or some feedback. I will try to be receptive to. Board of Appeals Page 24 1/14/93 Hearings THE CHAIRMAN: For the people who have not been privy to this hearing, this is a culmination basically of ongoing discussion. Does anybody have any specific questions of Mr. Strang? MR. VILLA: This differs from the last one in the fact that it is now almost four acres instead of two acres. MR. STRANG: Yes. We are setting off 160,000 feet plus a bit to meet the criteria in essence having two acres for each residential use, although it will be one site. The intention here since it is a family compound, they'really have no need to subdivide it and break it up into individual lots. But they do respect the fact that the Town has its criteria as to how much land should be dedicated and allocated to residential purposes, and they are willing to meet that requirement by setting it off with metes and bounds and breaking it out from the land that will be conveyed. MR. VILLA: C and R's on that that there will be no further subdivision of that or-- that. MR. STRANG: THE CHAIRMAN: It can be. They have no problem with That is an interesting point. Which land would be the land of subdivision, once you sell the development rights off to the 17 plus acres, or the 16-plus ~hatever, -- MR. VILLA: No, I am talking about the three acres. Board of Appeals Page 25 1/14/93 Hearings THE CHAIRMAN: I know that; but in reference to the three-acre parcel --You are referring to the three-acre parcel as being no further subdivision. MR. STRANG: THE CHAIRMAN: MR. STRANG: I am sorry. Which-- Three point six eight. On this 160,000 being set off. THE CLERK: It is not really being set off though, is it? It is not being conveyed. MR. STRANG: That is a misnomer. It is not being set off; it is being reserved, if you will. THE CLERK: Okay, that is what I meant. MR. STRANG (continuing): --As an area to be developed with residential development where the remainder of the land will be conveyed - Development rights conveyed to the Town. Again, there is no intention whatsoever to further subdivide that, break it off and make it into two lots, and it will be no subdivision setoff or anything else. It really isn't their intention. THE CHAIRMAN: I just want to ask you, Mr. Strang -- The purchase of the other parcel from the Propagation of the Faith, has that been done? MR. STRANG: Yes, it has. THE CHAIRMAN: It has been done. MR. STRANG: That has closed. THE CHAIRMAN: Any other further questions of this agent of the applicant, gentlemen? No? Anybody else like to Board of Appeals Page 26 1/14/93 Hearings speak, either in favor or against? Seeing no hands, I make a motion to close the hearing and reserving decision until later. (Seconded and carried.) THE CHAIRMAN: Thank you so much. We hope to have a decision for you tonight. MR. STRANG: Thank you very much. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. obe t '11 Ri c~ar~r ~.' ~l ~ton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SE~RA UNLISTED ACTION DECI~TION SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Dec. 7, 1992 Appeal No. 4144 Project Name: Spectacle Ridge Inc. County Tax Map No. 1000- 84-]-2 Location of Project: ]4990 0reg0n Rd., Cutch0gue, NY Relief Requested/Jurisdiction Before This Board in this Project: A]]0w two dwelling uses with ]60,000 sq. ft. a]]0tted for second residence use T0ta] ]and area is 20+- acres, of which 16+- wi]] be preserved for farm]and. A/C Zone. This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to krticle 8 of the N.Y.S. Enviromuental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. ~au Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur sh0u]d the project be J~uplemented as planned, and: { } this Board wishes to assume Lead Agency status and urges c~rdinated written cormuents by your agency to be submitted with the next 20 days. { X} this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRA Action, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. ;hn inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site ~provements. { } this Board refers lead agency status to your agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews. The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings. (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume you have waived same, and we will be required to proceed as Lead Agency.) For further information, please contact the Office of the Board Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. of RODENBACH (as Trustee) for a Variance to the Zoning Ordinance, Article IH, Section 100-32 for ap- prov~ of a r~duction of the at area of an e.~stmg pan;el, with an blCmase of the lot ama of the adjolning parcel, in this proposed lot-line change· Lo- cation of Property: South Side of Crescent Avenue and the north side of Avenue "B "P' , lsher$ Island, NY' ?~ty Tax Map Parcel iD Nos', ~O-6-2-5 and 6. Each lot as exists is ~hown to .substandard in lot a~ea and u located m the R-80 Zone District. NOTICE OF HEARINGS 4. 7:45 p.m. AppI. No. 4144 --I NOTICE IS HEREBY GIVEN.; Application of SPECTACLE[ pursuant to Section 267 of the Town! RIDGE, 1NC. for a Variance to the Law and the Code of the Town of Zoning Ordinance, Article 111, Sectio~ Southold the foBowing public hear-t 100-31A(D for .ermisaion to es- rags will be held by the SOUTHOLD ! tabllsh se~'nd residential use in the TOWN BOARD OF APPEALS, at~ proposed accesso~ barn building { the South01d Town Hall, 53095 Main~ (located in the front yard ar~a as l~r Road, Southold, New York 11971, on.~ AppL No. 4132A, decision rendered THURSDAY, JANUARY 14, 1993 ~. November 9, 1992) zz living area for commencing at the times spec~fied-~ family member or guests, and do~ below: .1 meade sc~'ant (in one m~t). Section 1. 7:32 p.m. Appl. No. 4141 --[ 100-3IA(I) provides for single-faro- Application of ALICE BENNETT[ ily use, not exceeding one dweLLing for a Variance to the Zoning Ordi-/ per lot. Location of Property: 1499~ nance, Article III, Section 100-33/ Oregon Road, Cutchogue; County (and as amended December 4, 1992)1, Tax Map No. 1000-g4-01-02. The for the placement of an accessory/ subject pr~mises is zoned Agricul- garage in the front yard ar~a with L/ rural-Conservation and contains a i feet in this R-gO Zone District. L~ca- I 5.7:55 p.m. Appl. No. 4142 -- tion of Property: 2725 Soundview i Application of ADAM ASSOCI- Avenue, Peconic, NY; County Tax ATES, INC. for a Variance under Map parc~lNe~ 1000~8-I-10. ' New York Town Law, Section 2gO-A 2, 7:35 p.m. Appl. No. 4146 -- for approval of access for emergency Application of FREDERICK E. and fire vehicles over a private tight- HULSF~ JR. nnd JOYCE HULSE of-way extending off the easterly side for a Variance to the Zoning Ordi- of Cox Neck Road, Mattituck in an ~ance, Anicle ~, Section 1Q0-32 fo~ . east-west dtrectlon a dj*lance of ap-. permlssino to locate -tO--seal add' proximately 615.30 feel The subject. unset Lane Greene.~rt ~: C~.,... 670~ feet north of the mtersccuon of i T~ax Ma~ Parcel No. I000-33-4.49. [ C.R. 48 (Nor~ Road) and Cox Neckr ina subject p~eruises is substandard Road. The parcels to whkh access is in lot area and is located in the R~n [ r~quested in tiffs application is identi- Zone Dis~ct. ~ 1 fled as County Tax Map Nos. 1000- 3. 7:38 pm. Apol No 4145 113-12-10-1, 10,3, 10.2 8 9 (and Application of'' JO~N ~. / Parcel No. 1~0-113-14-11 r~stricted McGEENEy and EDWARD F~ I for park and r~cmatlon a~a use). AU areas of access are located in the R-gG The Board of Appeals wiB at said time a~d place hear any and all per- sc~s or repmsentetives desi~ng to ~e CHAIRMAN 7590-1TD24 STATE OF NEW YORK) ) SS: COUNTY OF SU~-~OLK) ~f~.~ C~t%~---~-{ ~ of Mattituck, ~d Co~, be~ d~y s~m, ~ ~nt he/she Is Pr~clpal Clerk of THE ~D~FOLK Wee~y Ne~pn~r, published st ~t~t~k, ~e To~ of Southold, Co~ty of 8~olk and State of New York, and ~at the Nogce of ~e ~nexed ~ · p~t~ copy, h~ b~n ~- ly p~Hshed ~ ~ N~ once ~ week ~r ~ ~eks sue~ssively, commene~ on ~e day offstage9 ~ Sworn to before me this.:~r~O~ C~ VOLINSKI I~RIIry Public, 5tale ~ N~ York No. 5~ Qualified in Suffolk ~UflW ~ieion Ex, gas No~r ~, 1~ SUPPLEMENTAL NOTICE OF HEARING NOTICE IS HEREBY GIVEN, pu~uant to Section 267 of the Town Law and the Code of the Town of Southold. the foHowin8 public bear- ings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the S~thold Town Hall, 53095 Main Road, Southold, New York 11971. on THURSDAY, JANUARY 14, 1~93, below: 6. 8:00 p.m. Appl. No. 4140 -- Applinati~m of JOHN CROKO$ for a Variance to the Zoning Ordinance,! Article XXIII, Sec~ic~ 100-239.4A(1)I v,ithin 100 feet of the top of the bluff[ along the Long Island Sound. Leca-[ tion of Property: 2110 Grandviewf Drive, Orient, NY; County Tnx Map~ Parcel No. 1000~14-2-3.11. 7. 8:05 p.m. Appl. No. 4147 Application of DONALD E. FA- HEY, JR. for a Variance to the ZOu: in8 Ordinance. Anicin HIA, Section 100-30A.3 for approval of existing deck construaed almost 20 years ago. This deck, under the curare zouing required rear yard setback for a sub- standard parcel in this R-40 Zone Dis trict. Location of Property: 2675 Hobart Avenue, $c~thold, NY; Coun- ty Tax Map Parcel No. 1(E0-64.5-32. 'll~e Board of Appaals will at said time and place hear any and all par- prior to the conclusion of the subjeci before the times designated above. For more information, please call 765-1809 or visit our office. Dated: December 21, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD ON APPEALS GERARD p. GOEHRINGER CHAIRMAN ~ By Linda Kowalsk~ 7592-1TD24=; STATE OF NEW YORK) ) SS: COUNTY OF S~JL~'OLI~) C~ ~0~C/~ of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIME~. a Weekly Newspaper, published at Mattituck, in the Town of Southold. County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regular- ly published in said Newspaper once each week for { , weeks successively, e~o_mmencin~ on the ~-~ day of_~~9 Principal Clerk BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, 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 THURS- DAY, JANUARY 14, 1993, com- mencing at the times specified below: 1.7:32 p.m. Appl. No. 4141- Application of ALICE BEN- NETT for a Variance to th6 Zoning Ordinance, Article Ill, Section 100-33 (and as amend- ed December 4, 1992) for the placement of an accessory garage in the front yard with a setback at less than the required 60 feet in this R-80 Zone District. Location of Property: 2725 Soundview Avenue,. Peconic, NY: County Tax Map Parcel No. 1000-68-1-10. 2. 7:35 p.m. Appl. No 4146- Application of FREDERICK E. HULSE, JR. AND JOYCE HULSE for a Variance to the Zoning Ordinance, Article Ill, Section 100-32 for permission to locate proposed addition with a, reduction in the southeasterly. side yard at less than the re- quired ten (10) feet. Location of. Property: 235 Sunset Lane, Greenport, NY; County Tax Map Parcel No. 1000-33-4-49~ Thc subject premises is substan- dard in lot area and is located' in the R-40 Zone District. 3. 7:38 p.m. Appl. No. 4145: Application of JOHN S: McGEENEY and EDWARD E RODENBACH (as Trustee) forjz a Variance to the Zoning Or; dinance, Article 111, Section 100-32 for approval of a reduc- tion of the lot area of an existing parcel, with an increase of the lot area of the adjoining parcel, in this proposed lot-line change. Location of Property: South side of Crescent Avenue and the north side of Avenue "B~' Fishers Island, N.Y.; County Tax Map Parcel 1D Nos. 1000-6-2-5 and 6. Each lot as exists is shown to substandard in lot area and is located in the R-80 Zone District. COUNTY OF SUFI:(.Jt.I.~ STATE OF NEW YOI 4. 7:45 p.m. Appl. No. 4144- '~ Application of SPECTACLE~ RIDGE, INC., for a Variance the Zoning Ordinance, Article Ill, Section 300-31A(1} for per; mission to establish second esidential use in the proposed ccessory barn building (located a the front yard area as per lppl. No. 4132A, decision endered November 9, 1992) as living area for family member or guests, and domestic servant (in one unit). Section 100-3IA(I) provides for single-family use, not exceeding one dwelling per lot. Location of Property: 14990 Oregon Road, Cutchogue; County Tax Map NO. 1000-84-01-02. The subject premises is zoned Argicultural- Conservation and contains a total area of 19_+ acres. ~ 5.7:55 p.m. Appl..No. 41422_..,, , Application of ADAM ASSOCIATES, INC. for a Variance under New York Town Law, Section 280-A for approval of access for emergency and fire vehicles over a private right-of= way extending off the easterly ' side of Cox Neck Road, Mat- tituck in an east-wcst direction a distance of approximately/~ 616.30 l~et. Thc subject right-of- way is referred to on the Coun- ty Tax Maps as part of Parcel No. 1000-113-14-11 and is situated 670_+ feet north of the intersection of CR 48 (North Road) and Cox Neck Road. The parcels to which access is re- quested in this application is identified as County Tax Map Nos. 1000-I13-12-10-1, 10.3, 10.2, 9, 8; (and Parcel No. 1000-113-14-11 restricted for park and recreation area use). All areas of access are located in the R-80 Residential Zone District. I The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above mat~ers. Written corn- Patricia Wood, being duly sworn, says that she is the Editor, of. THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that li~e notice of which the annexed is a p~intcd copy, has been published in s~li(I [_ong Island 'lr',ivclet-W.~tchm,m ;ucc'cssivt'l,y, conlnluJ~cim~g on the ~ Sworl~ to J)cfole met his ....... ~.w~." ' - ...... (I,~y of Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State 0! J'~ew York No. 4806-346 Qealified in Se[folk County C~mmissi0n Expires i meats may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. For more in, formation, please call 765-1809 or visit our office. Dated: December 21, 1992 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By: Linda Kowalski;? IX-12/24/92(55) BOARD OF APPEA~S TOWN OF SOUTHOLD SUPPLEMENTAL NOTICE OF HEARINGS NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, 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 THURS- DAY, JANUARY 14~ 1993~ com- mencing at the times specified below: 6. 8:00 p.m. AppL No. 4140- Application of JOHN CROKOS for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A(1) for permission to locate struc- tures within 100 let of the top of the bluff along the Long Island Sound. Location of Property: 2110 Grandview Drive, Orient, NY; County Tax Map Parcel No. 1000-14-2-3.11. 7. 8:05 p.m. Appl. No 4147- Application of DONALD E. FAHEY, JR. for a Variance to the Zoning Ordinance, Article IliA, Section 100-30A.3 for ap- proval of existing deck con- structed almost 20 years ago. This deck, under the current zoning regulations, does not meet the required rear yard set- back for a substandard parcel in this R-40 Zone District. Loca- tion of Property: 2675 Hobart Avenue, Southold, NY; County Tax Map Parcel No. 1000-64-5-32. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written com- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. For more in- formation, please call 765-1809 or visit our office. Dated: December 21, 1992 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEAI.S LiI:R.\RD I'. (.iOElIRIN(il R {_'i I ,\l R M .\x, COLJNTY OF ss: Y,'I'A'I'I~ (')F NEW Patricia Wood, being duly sworn, says that she is tine Edilor, o[ THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, h,~s hceo ptJhlished in slti(I Long Islaod I'ravehrr-Watchman Stlccessivcfq. commencing on the ........... ':~ '. ...... day or... ..... Sworn 10 before me this ..................... clay of ........= .... 9 Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York No. 480~46 Qualified in SuRolk County Oommission Expires APPEALS BOARD MEMBERS Gerard P. Geehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. A drafted or final written copy of your presentation, if lengthy, is always appreciated. Please feel free to call our office at the above telephone number, or to stop by between 8:00 a.m. and 4:00 p.m. Monday through Friday, if you have any questions or wish to update your file prior to the day of the hearing. Attachment (Legal Notice) Gerard P. Geehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Copies to the following on or about 12/21/92: SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 L.I. Traveler-Watchman, Inc. (pers. delivery) Suffolk Times, Inc. (fax transmission) Mr. and Mrs. Fred Hulse 235 Sunset Lane Greenport, NY 11944 Ward Associates, P.C. 1500 Lakeland Avenue Bohemia, NY 11716 Mr. Garrett A. P.O. Box 1412 Southold, NY Strang, R.A. 11971-1412 Richard E. DePetris, P.O. Box 716 Aquebogue, NY 11931 Esq. Mr. John Sandgren Keller-Sandgren Associates 10 Mineola Avenue Roslyn Heights, NY 11577 Stephen L. Ham III, Esq. 45 Hampton Road Southampton, NY 11968 ZBA Individual Files ZBA Members with copies from each file Original Legal Notice and Supplemental Town Clerk Bulletin Board 12/21/92 Mr. Donald E. Fahey, Jr. P.O. Box 777 Eastport, NY 11941 legal Notice Posted on APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Do33en, Jr. James Dinizio, Jr. obe t '11 Ri c~ar~ ~.' x01 ~ton Telephone (516) 765-1809 SCOqVF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 SouthoM, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD SEQRA UNLISTED ACTION DECL~TION Dec. 7, 1992 Appeal No. 4144 Project Name: Spectacle Ridge Inc. County Taxx Map No. 1000- 84-]-2 Location of Project: ]4990 0reg0n Rd., Cutch0gue, NY Relief Requested/Jurisdiction Before This ~k)ard in this Project: A1]0w two dwelling uses with ]60,000 sq. ft. a]]0tted for second residence use Total land area is 20+- acres, of which 16+- will be This Notice is issued pursuant to Part 617 regulations pertaining to ;~rticle 8 of the N.Y.S. Review Act of the Environmental Conservation Law and the Town of Southold. preserved for farmland. A/C Zone. of the implementing Environmental Q~ality Local Law #44-4 of An Environmental Assessment (Short) Form has been st~bmitted with the subject application indicating that no significant adverse environmental effects are likely to occur should the project be in~lemented as planned, and: { } this Board wishes to assume Lead Agency status and urges coordinated written cormments by your agency to be submitted with the next 20 days. { X}. this Board has t~en jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRAAction, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to' new construction or on-site J~rovements. { } this Board refers lead agency status to your agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews. The area of jurisdiction by the ~rd of Appeals is not directly related to site improvements or new buildings. (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume you have waived same, and we will be required to proceed as Lead Agency.) For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 165-1809. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: RE: DATE: SOUTHOLD TOWN ZONING BOARD OF APPEALS JUDITH T. TERRY, SOUTHOLD TOWN CLERK ZONING APPEAL NO. 41~,4, SPECTACLE RIDGE, INC. DECEMBER 7. 1992 Transmitted is application for a variance submitted by Garrett Strang on behalf of SPECTACLE RIDGE. INC. together with notification to adjacent property owners; short environmental assessment form; site plan map; notice of disapproval' zoning board of appeals questionnaire. ~~,~, ~~ Judith T. Terry Southold Town Clerk 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be com01eted by A001icant or Pmiect sponsor) SEQR 1. APRUCANT IEPONSOR I2. PROJECT NAME Garrett A. Stranq, Arcnite~tI Spectacle Ridqe Inc. 3. PROJECT LOCATION: MuniciPalRw ~C%11 ~-hCI 1 ~ County Suffolk Suffolk County Tax Map # 1000-84-01-02 ; 14490 Oregon Road, Cutchogue, New York : South side of Oregon road 720'+/- West of Bridge Lane 5. I$ PROPOSED ACTION: r~New I'~ Expansion {~ ModlflcatlOnlaReratiof~ 6. DESCRIBE PROJECT BRIEFLY: Construction of Accessory Building t3 include residential use on second floor 7, AMOUNT OF LAND AFFECTEm: 2 0 acres Ultimately 2 0 acres WILL PROPOSED ACTION COMPLY WITH MISTING ZONING OR OTHER ~ ST NG ~NO USE RESTRICTIONS? Variance required for second floor residential use accessory building in WHAT iS PRESENT LANe USE IN VIG[NITY OF PROJECT? ~] Resiclentlal [] industrial [] Commercial 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAl_ ETATE OR LOCAL)? Southold Town ZBA & Building Dept. Suffolk County Dept. of Health services DOES ANY ASPECT OF THE ACT~.;~ HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Suffolk County Dept. of Health Services Septic & Well AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMiT/APPROVAL REOUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIOED ABOVE I$ TRUE TO THE eEST OF MY KNOWLEDGE ApplicanlISpon$or name: Garrett A. Strang, Architect Date: December 7, the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 .(Continued on r'eve~se side) 992 The ~.Y.S. Environmental Quality Review AC~erequires submission before any action is taken. INSTRUCTIONS. (a) £n order ~o answer the questions in this short EAF it is assumed that the prepare.r will use currently available information concerning the project and the likely impact~ of the action. It is not expected that additional studies, research Or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project ia no~ significant. (d) Environmental Assessme~ 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land? ~e~ ~X NO 2. Will there be a major chance to any unique or un~ual land form on the site? Yes XNO 3. Will project alter or have a large effect on an existing body of water? Yes X___No 4. Will project have a potentially large impact on groundwater quality? Yes X No 5. Will project significantly effect drainage flow on adjacent sites? ~Yes X No 6. Will project affect any threatened or endangered plant Or animal species? __Yes X No 7. Will project result in a major adverse effect on air quality? ___Yes X No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be importan: to the community? ., Yes .,X No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontologi=al importance or any site designated as a critical envircamental area by a local agency? ~es X NO 10. Will project have a m~jor effect on existing or future recreational opportunities? - Yes X No 11. Will project result in major traffic problems or cause a major effect ~o existing transportation · ' ' systems? _,__Yes X No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? ~Yes X NO 13. Will project have any impact on public health 14. Will project affect tho existing coca, unity by ~Yes X.__No directly causing a growth in permanent popula- period or have a major negative effect on the ch~ract~ of the community or neighborhood? Is ~her~ public controversy concerning the . ~ ~ .. Yes X NO RePreSenting: .... ~ Inc. _ Date: December 7, '1992 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Please disclose the names of the owner(s) and any other ~.l~ividuals (and entities) having a financial inkeres.t in the' subject premises a~ a description of their interests. (Sapara~ sheet may b8 at=ached. ) Xs ~a subject premises listed on the real es=ate market for or ~el~g show~ to pros~ective buyers? { } Yes ~e t~re ~osa~ ~ ~nge~ al~er 1~ YeS {X} No i. ~e ~ere ~y areas which contain wetland grasses7 ~o 3. Is ~he property bul~d between the wetlands area ~d the upl~ buil~ng area? N/A 4. If your pro~r~y contains wetl~ds or pond areas, have you ~ontaoted ~he O~ice of ~he Town Trustees for its ~=e~lon of ~urisdic=lon? .,~/A E. IS there a depression or sloping elevation near the area of proposed constr~c~lon at or below five feet above mean sea ~i~i.~tVel7 N/A (If mt applicable, state "N.A.") F. ~e ~e any patios, con~ete barriers, ~lkheads ~-~',.W~ch ~ ~ are not sh~ ~ ~e survey ~p that you ~.,;~.~Klng7 None If none exist, please s~ate "none." ,~., . · ~, ~ you have any cons~z~ction taking place at this ?/;.=pncer~pg.~ PraiSes? . NO If yes, please s~it 9 copy :.,~z your DUlA~Rg ~Z: ~ map as approved by the Buildlng ~~ent.. ,; , IZ none,, p~ease skate. ~. ~ ~ou o~ ~y co-o~er also own other land close to this ~rcel? NO If yes, please explain where or s~mit copies '*'.:'I. Please list present u,§e, or operations conducted at this ~i "~ ~ parcel Vinevard and ~'~'.i~OpoSe~ u~e Vineyard w/ Single Family Residence a~d Ag. cessory structure ~.' with residential use on second floor 1 2/7 / 9 2~.~%~thorized $ignakure and Date "3187, lO/901k § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Sou:hold. [Added 6-54/4 by L.L. No. 6-1984] Tv'E :--LA~DS [Amended 8-26-76 by L.T. No. 2-1976; 3-25- 85 hy_,L.L. N~. 6-1985~ -" "~' ' · iDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered ~vith. or which border on. tidal waters, or lands lying beneath tidal waters, which at mean Iow tide are covered by tidal waters to a maximum depth of five (5) feet. including but not limited to banks. · bogs. salt marsh, sv~amps, meadows, flats or other Iow lying lands subject to tidal action; (2) All banks, bogs. meadows, fiats and tidal marsh subject to such tides and upon which gro~vs or may grow some or any of the following, salt hay. black grass, saltworm, sea lavender, tall cord~rass, high bush, cattails, groundseL marshmallow ~ud lnw (3) All land immediately udjacent to 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 u tidal wetland. B. FRESHIVATERIVETLANDS: (1) (2) "Freshwater wetlands" as defined in Article 24. Ti- tle 1. § 2.t-0107. Subdivisions l(a) to l(d) inclusive. of the Environmental Conservation Law of the State of New York: and All land immediately adjacent to a "freshwater wet- land." as defined in Subsection B(1) and lying with- in seventy-five (75) feet }a,dward of the most land- ward edge of a "freshwater wetland." 9705 z.:s.ss lONG ISLAND SOUl iR-80 Real Property Tax Serv ce Agency fi[ ~. :;:,. ', ............. *,~.~ ; ~ :Z; ¥72~;~727 ............................................... ": .................................................................. 2_:~L__..2 ................................................. I! 'ltl I[1 il APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF .APPEALS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appeal No. 4132, Two-Fold Application Referred to as Appl. 4132A and 4132B: 4132-A - Application of SPECTACLE RIDGE, INC. for a Variance to the Zoning Ordinance, Artici~'~lI,' Section 100-33 for permission to locate accessory barn, accessory swimming pool and cabana structure in areas other than the required rear yard, and under Section 100-33A for permission to extend height of barn above 18 feet. Location of Property: 14990 Oregon Road, Cutchogue, NY; County Tax Map Parcel No. 1000-084-01-02. This property is located in the "Agricultural-Conservation (A-C)" Zone District. 4132-B - Application of SPECTACLE RIDGEt INC. to include, as amended, a request for relief under Article III, Section 100-3iA(i) {and/or Section 100-31C pertaining to accessory uses} to permit residential second-floor use for family member of a proposed accessory building, in conjunction with the use of the proposed principal single-family residence. Location of Property: 14990 Oregon Road, Cutchogue, NY; County Tax Map Parcel No. 1000-084-01-02. This property is located in the "Agricultural-Conservation (A-C)" Zone District, and is presently before the Southold Town Planning Board concerning a change of lot line and before the Farmland Development Rights on 17+- acres, leaving 2+- acres for one (1) principal dwelling use per two acres of land area. WHEREAS, public hearings were held on October 15, 1992 and November 9, 1992, concerning the above two-fold application, and at said hearings all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, the current .~ Zoning, and the surrounding areas; and ~/~-~ WHEREAS, the Board made the following findings of fact: Page 2 - Appl. No. 4132 Matter of SPECTACLE RIDGE, INC. Decision Rendered November 9, 1992 1. The property in question is situated along the southerly side of Oregon Road, situate approximately 730 feet west of its intersection with Bridge Lane, Cutchogue, as identified on the Suffolk County Tax Maps as District 1000, Section 84, Block 1, Lot 2. 2. This parcel contains a total acreage of approximately 19.07 acres; town assessment records show that it is improved at the present time with a barn building used solely for agricultural and farming purposes. 3. Pending with the Southold Town Planning Board is an application for an alteration of lot line which would confirm an exchange of property of 1.78 acres as shown on the survey map prepared by Smith & Jung, L.S. dated August 26, 1992 from Land of the Society for the Propagation of the Faith to Spectacle Ridge, Inc., the applicant herein. This 1.78 acre strip is shown to be 56 feet in width along Oregon Road and extends in southerly direction 1403.70 feet, and is being merged with the 19.07+- acres of Spectacle Ridge, Inc. for a total land area of 20.8627 acres. The two acres designated on the map is shown for the purpose of applying land area for a new dwelling. Further application may be under review before the Southold Town Planning Board for this two acre tract, as proposed, apart from the entire 20.8627 acres, as well as an application pending under the Southold Town Land Preservation Program for possible acceptance of 18.7918 acres for land preservation. 4. By this application, a variance is requested for permission to: (a) locate an accessory 20' x 40' swimming pool with accessory (cabana-type) building, all enclosed and as shown on the September 11, 1992 map prepared by Garrett A. Strang, Architect, for Mr. and Mrs. Mark Lieb - Drawing SP-1, Project No. 92-10, in the west side yard area of the proposed dwelling, approximately 395 feet distant from the front property line along Oregon Road and approximately 123 feet from the most easterly property line; (b) locate an accessory barn building in the northerly front yard, of the proposed dwelling, with a setback at least 200 feet from Oregon Road and at least 35 feet from the most easterly property line ~ (Ref. September 11, 1992 map prepared by Garrett A. Strang of building layout); (c) increase height of the accessory barn building from the maximum 18 ft. height requirement to 30 feet high (from ground level to the top of the roof); Page 3 - Appl. No. 4132 Matter of SPECTACLE RIDGE, INC. Decision Rendered November 9,'1992 (d) convert the proposed accessory barn building to residential family use on the second floor of 1700 sq. ft. 5. SETBACKS OF ACCESSORY BUILDINGS. Article III, Section 100-33 of the Zoning Code provides: "...accessory buildings and structures or other accessory uses ~hall be located in the required rear yard, subject to the following requirements: A. Such buildings shall not exceed eighteen (18) feet in height... " 6. ONE DWELLING USE PER 80,000 SQ. FT. OF LAND AREA. Article III, Section 100-31A(1) provides: "...A. Permitted uses. (1) One-family detached dwellings, not to exceed one (1) dwelling on each lot... (2) The following agricultural operations and accessory uses thereto, including irrigation, provided that there shall be no storage of manure, fertilizer or other odor- or dust- ~ producing substance or use, except spraying and dusting to protect vegetation... (c) Barns, storage buildings, greenhouses including plastic covered) and other related structures, provided that such buildings shall conform to the yard requirements for principal buildings. 7. ACCESSORY USE PROVISION. Article III, Section 100-31C provides: "...C. Accessory uses, limited to the following uses and subject to the conditions listed in Section 100-33 herein: (1) Any customary structures or uses which are. customarily incidental to the principal use, except those prohibited by this chapter. 8. BULK SCHEDULE. The Bulk, Area and Parking Schedule for this Agricultural-Conservation (A/C) Zone District requires a minimum land area for each principal dwelling or other principal use at 80,000 sq. ft. The applicant has not confirmed any intention to reserve 160,000 sq. ft. of land area for two principal uses, and although 80,000 sq. ft. is being reserved Page 4 - Appl. No. 4132 Matter of SPECTACLE RIDGE, INC. Decision Rendered November 9,'1992 for one principal (dwelling) building, the remaining land area of 19+ acres is being sold and contracted for land preservation. Therefore, the hardship created in this request for a second residential unit on less than 160,000 sq. ft. of land area is self-imposed and must be denied. In the event the. owner decides not to proceed with the land preservation agreement and decides to allot 160,000 sq. ft. of land area for two principal uses (two residential uses on one lot), the Board has no objection to a new, separate applicgtion for consideration. 9. ACCESSORY BUILDINGS AND THEIR LOCATION. Although the difficulties claimed are being self-imposed by the applicant in placing the dwelling at a distance near the rear yard, it is the opinion of the Board Members that the proposed location of tke accessory pool and accessory barn structure in the areas shown on the plans under consideration are not unreasonable and more than adequately meets all setbacks in the code, even those more restrictive, i.e. principal setbacks. 10. AREA SETBACK STANDARDS. In considering this application pertaining to the yard location of the accessory buildings, the Board finds: (a) that the essential character of the neighborhood will not be adversely affected; there are no dwellings or other principal structures in close vicinity of the subject premises; (b) that the relief as granted will not in turn be adverse to'the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (c) that the limited relief granted will not be an increase in the permitted single-family use density, or cause a substantial effect on available governmental facilities; (d) that th~ amount of relief granted, and conditioned, is the minimum necessary; (e) in considering all of the above factors, the interests of justice will be served by granting setback relief, as conditionally noted below. 11. USE STANDARDS. However, in considering the application as it pertains to a residential use of the floor (1700+- sq. ft.) of the proposed "accessory barn building," the Board finds: second (a) that there will be an increase in dwelling unit density double that expressly authorized on two acres of land; Page 5 - Appl. No. 4132 Matter of SPECTACLE RIDGE, INC. Decision Rendered November 9, 1992 (b) that the relief will in turn be adverse to the safety, health, weflare, comfort, convenience and order of the town; (c) that the use of the property is authorized one dwelling on two acres, and a two-family use may be permitted by Special Exception with four builder's acres (160,000 square feet); (d) the hardship created is personal to the landowner and is not related to the land and its zoning; (e) the applicant is presently negotiating a contract with another agency of the Town to sell the rights of the remaining 18 acres, as well as a contract to convey two acres for individual ownership (to Lieb) from the corporation (Spectacle Ridge, Inc.), and has an option to modify either or both agreements in order to apply four acres of land for two-family dwelling use; (f) that the a reasonable return for the one-family dwelling property does and will continue to yield the uses presently existing as well as use proposed; (g) that the grant of two dwelling uses in two separate structures will in turn alter the essential character of the town by setting precedents for personal hardships; (h) that acceptable proof of significant economic injury was not submitted; (i) that the relief requested is substantial in relation to the requirements; being a variance of 100%; (j) that the benefit sought by the aPPlicant can be achieved by some feasible method other than a variance; (k) that the difficulty claimed is self-created. Accordingly, on motion by Mr. Goehringer, seconded byMr. Doyen, it was RESOLVED, to DENY the variance requested for a residential use in the proposed accessory (barn) building; and BE IT FURTHER RESOLVED, to GRANT relief to locate an accessory swimming pool with cabana and fence enclosure in the westerly side yard area and to locate an accessory (barn) building in the northerly front yard area with the height as shown on the elevation rendition prepared by Garrett A. Strang, as more Page 6 - Appl. No. 4132 Matter of SPECTACLE RIDGE, INC. Decision Rendered November 9, 1992 particularly described in the above findings at paragraphs 4(a), 4(b), and 4(c) only, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The accessory barn building be use~for storage and purposes normally incidental to operation of the vineyard and related agriculture-farming, or accessory storage use incidential to the principal residence; 2. The accessory barn building shall not be used for sleeping or living quarters. 3. Modification of the sizes, heights, and general location of the subject accessory structures shall be subject to approval of the Chairman of the Board of Appeals prior to issuance of building permits. VOTE OF THE BOARD: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted, lk fGERARD P. GOEHRINGE~,~ CHAIRMAN / APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF .APPEALS SCOTT L. HARP, S Supervisor Town Hall, 53095 Main Road lqO. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appeal No. 4132, Two-Fold Application Referred to as Appl. 4132A and 4132B: 4132-A - Application of SPECTACLE RIDGE, INC. for a Variance to the Zoning Ordinance, Artici~'III, Section 100-33 for permission to locate accessory barn, accessory swimming pool and cabana structure in areas other than the required rear yard, and under Section 100-33A for permission to extend height of barn above 18 feet. Location of Property: 14990 Oregon Road, Cutchogue, NY; County Tax Map Parcel No. 1000-084-01-02. This property is located in the "Agricultural-Conservation (A-C)" Zone District. 4132-B - Application of SPECTACLE RIDGEt INC. to include, as amended, a request for relief under Article II~, Section 100-31A(1) (and/or Section 100-31C pertaining to accessory uses) to permit residential second-floor use for family member of a proposed accessory building, in conjunction with the use of the proposed principal single-family residence. Location of Property: 14990 Oregon Road, Cutchogue, NY; County Tax Map Parcel No. 1000-084-01-02. This property is located in the "Agricultural-Conservation (A-C)" Zone District, and is presently before the Southold Town Planning Board concerning a change of lot line and before the Farmland Development Rights on 17+- acres, leaving 2+- acres for one (1) principal dwelling use per two acres of land area. WHEREAS, public hearings were held on October 15, 1992 and November 9, 1992, concerning the above two-fold application, and at said hearings all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, the current~ Zoning, and the surrounding areas; and ~/~-~ WHEREAS, the Board made the following findings of fact: Page 2 - Appl. No. 4132 Matter of SPECTACLE RIDGE, INC. Decision Rendered November 9,' 1992 1. The property in question is situated along the southerly side of Oregon Road, situate approximately 730 feet west of its intersection with Bridge Lane, Cutchogue, as identified on the Suffolk County Tax Maps as District 1000, Section 84, Block 1, Lot 2. 2. This parcel contains a total acreage of approximately 19.07 acres; town assessment records show that it is improved at the present time with a barn building used solely for agricultural and farming purposes. 3. Pending with the Southold Town Planning Board is an application for an alteration of lot line which would confirm an exchange of property of 1.78 acres as shown on the survey map prepared by Smith & Jung, L.S. dated August 26, 1992 from Land of the Society for the Propagation of the Faith to Spectacle Ridge, Inc., the applicant herein. This 1.78 acre strip is shown to be 56 feet in width along Oregon Road and extends in southerly direction 1403.70 feet, and is being merged with the 19.07+- acres of Spectacle Ridge, Inc. for a total land area of 20.8627 acres. The two acres designated on the map is shown for the purpose of applying land area for a new dwelling. Further application may be under review before the Southold Town Planning Board for this two acre tract, as proposed, aparT from the entire 20.8627 acres, as well as an application pending under the Southold Town Land Preservation Program for possible acceptance of 18.7918 acres for land preservation. 4. By this application, a variance is requested for permission to: (a) locate an accessory 20' x 40' swimming pool with accessory (cabana-type) building, all enclosed and as shown on the September 11, 1992 map prepared by Garrett A. Strang, Architect, for Mr. and Mrs. Mark Lieb - Drawing SP-1, Project No. 92-10, in the west side yard area of the proposed dwelling, approximately 395 feet distant from the front property line along Oregon Road and approximately 123 feet from the most easterly property line; (b) locate an accessory barn building in the northerly front yard, of the proposed dwelling, with a setback at least 200 feet from Oregon Road and at least 35 feet from the most easterly property line - (Ref. September 11, 1992 map prepared by Garrett A. Strang of building layout); (c) increase height of the accessory barn building from the maximum 18 ft. height requirement to 30 feet high (from ground level to the top of the roof); Page 3 - Appl. No. 4132 Matter of SPECTACLE RIDGE, INC. Decision Rendered November 9, 1992 (d) convert the proposed accessory barn building to residential family use on the second floor of 1700 sq. ft. 5. SETBACKS OF ACCESSORY BUILDINGS. Article III, Section 100-33 of the Zoning Code provides: "...accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Such buildings shall not exceed eighteen (18) feet in height... " 6. ONE DWELLING USE PER 80,000 SQ. FT. OF LAND AREA. Article III, Section 100-31A(1) provides: "...A. Permitted uses. (1) One-family detached dwellings, not to exceed one (1) dwelling on each lot... (2) The following agricultural operations and accessory uses thereto, including irrigation, provided that there shall be no storage of manure, fertilizer or other odor- or dust- producing substance or use, except spraying and dusting to protect vegetation... (c) Barns, storage buildings, greenhouses including plastic covered) and other related structures, provided that such buildings shall conform to the yard requirements for principal buildings. 7. ACCESSORY USE PROVISION. Article III, Section 100-31C provides: "...C. Accessory uses, limited to the following uses and subject to the conditions listed in Section 100-33 herein: (1) Any customary structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter. 8. BULK SCHEDULE. The Bulk, Area and Parking Schedule for this Agricultural-Conservation (A/C) Zone District requires a minimum land area for each principal dwelling or other principal use at 80,000 sg. ft. The applicant has not confirmed any intention to reserve 160,000 sq. ft. of land area for two principal uses, and although 80,000 sq. ft. is being reserved Page 4 - Appl. No. 4132 Matter of SPECTACLE RIDGE, INC. Decision Rendered November 9, 1992 for one principal (dwelling) building, the remaining land area of 19+ acres is being sold and contracted for land preservation. Therefore, the hardship created in this request for a second residential unit on less than 160,000 sq. ft. of land area is self-imposed and must be denied. In the event the owner decides not to proceed with the land preservation agreement and decides to allot 160,000 sq. ft. of land area for two principal uses (two residential uses on one lot), the Board has no objection to a new, separate application for consideration. 9. ACCESSORY BUILDINGS AND THEIR LOCATION. Although the difficulties claimed are being self-imposed by the applicant in placing the dwelling at a distance near the rear yard, it is the opinion of the Board Members that the proposed location of the accessory pool and accessory barn structure in the areas shown on the plans under consideration are not unreasonable and more than adequately meets all setbacks in the code, even those more restrictive, i.e. principal setbacks. 10. AREA SETBACK STANDARDS. application pertaining to the yard buildings, the Board finds: In considering this location of the accessory (a) that the essential character of the neighborhood will not be adversely affected; there are no dwellings or other principal structures in close vicinity of the subject premises; (b) that the relief as granted will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (c) that the limited relief granted will not be an increase in the permitted single-family use density, or cause a substantial effect on available governmental facilities; (d) that the amount of relief granted, and conditioned, is the minimum necessary; (e) in considering all of the above factors, the interests of justice will be served by granting setback relief, as conditionally noted below. 11. USE STANDARDS. However, in considering the application as it pertains to a residential use of the floor (1700+- sq. ft.) of the proposed "accessory barn building," the Board finds: second (a) that there will be an increase in dwelling unit density double that expressly authorized on two acres of land; Page 5 - Appl. No. 4132 Matter of SPECTACLE RIDGE, INC. Decision Rendered November 9, 1992 safety, town; (b) that the relief will in turn be adverse to the health, weflare, comfort, convenience and order of the (c) that the use of the property is authorized one dwelling on two acres, and a two-family use may be permitted by Special Exception with four builder's acres (160,000 square feet); (d) the hardship created is personal to the landowner and is not related to the land and its zoning; (e) the applicant is presently negotiating a contract with another agency of the Town to sell the rights of the remaining 18 acres, as well as a contract to convey two acres for individual ownership (to Lieb) from the corporation (Spectacle Ridge, Inc.), and has an option to modify either or both agreements in order to apply four acres of land for two-family dwelling use; (f) that the property does and will continue to Yield a reasonable return for the uses presently existing as well as the one-family dwelling use proposed; (g) that the grant of two dwelling uses in two separate structures will in turn alter the essential character of the town by setting precedents for personal hardships; (h) that acceptable proof of significant economic injury was' not submitted; (i) that the relief requested is substantial in relation to the requirements, being a variance of 100%; (j) that the benefit sought by the applicant can be achieved by some feasible method other than a variance; (k) that the difficulty claimed is self-created. Accordingly, on motion by Mr. Goehringer, seconded byMr. Doyen, it was RESOLVED, to DENY the variance requested for a residential use in the proposed accessory (barn) building; and BE IT FURTHER RESOLVED, to GRANT relief to locate an accessory swimming pool with cabana and fence enclosure in the westerly side yard area and to locate an accessory (barn) building in the northerly front yard area with the height as shown on the elevation rendition prepared by Garrett A. Strang, as more Page 6 - Appl. No. 4132 Matter of SPECTACLE RIDGE, INC. Decision Rendered November 9,'1992 particularly described in the above findings at paragraphs 4(a), 4(b), and 4(c) only, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The accessory barn building be use~for storage and purposes normally incidental to operation of the vineyard and related agriculture-farming, or accessory storage use incidential to the principal residence; 2. The accessory barn building shall not be used for sleeping or living quarters. 3. Modification of the sizes, heights, and general location of the subject accessory structures shall be subject to approval of the Chairman of the Board of Appeals prior to issuance of building permits. VOTE OF THE BOARD: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. lk SGH 09 ".:2 12:$?PM VII'iET£CH.,ItlC,L.I.~rY P, 2/2 Phone: 765-1801 I LAND PRESERVATION PROGRAM I am the owner or' property which am willing to' have considem for purchase by the Town of 5outhold under the Land Preservat Program. - ' NAME ADDRESS PHONE NO. PROPERTY LOCATION ~'~A~m~"~/''-j ~' '~ TAX MAP NO. TOTAL ACREAGE I~ Is un~e~s~eod that Please ~etu~n Frederick A. Ross, Chai~'man Southold Town Land Preservation Committee Southold Town Hail P.O. Box 1179 Southold, NY 11971 T0~7~ OF SOu'i'~OLD LAND PRESERVATION COMMITTEE Town Eel1 SOuthold, NY 11971 j. Tel. 765-1801 February IB, 1992 Messrs. Jon Wolff $ Milton Point 90 Broad Street-Suite 820 New;:YorK, NY 10004 Re: Tax Map #1000-84-I-2 Dear Sirs: This parcel which wes the subject of your application under the Farmland Preaervatlbn Program was placed on the agenda at our meeting on February q0 1992. It seems appropriats to tell you that we have had a substantial Increase in applications since December 1991 and the process of review will,consume several months. Current appraisals indicate a price per acre of something less than $8S00 for development rights in land sucre.as yOUrs. If these factors ere of no consequence, we will go forward but I assumed you would want to be aware of them in your financial planning. FAR:Jw Sincerely, Frederick A. Ross, Chairman Southold Land Preservation Committee ~O'd SSP~89E~c~E~ Ol WO~ 8Z:&~ E66~-~0-h~ SPECTACLE RIDGE, INC. 20 HARKIH RO~D GI%EENWICHw CONNECTICUT 06831 April 20, 1992 Frederick A. Ross, Chairman Southold Town Land Preservation Committee Southold Town Hall P. O. Box 1179 Southold, NY 11971 Re: Land Preservation Program Oregon Road, cutchog~e District 1000.00 Section 084.00 Dear Mr.. Ross: The undersigned is the new owner of the Milton Point Vineyard referenced above having purchased the property recently from Jon Wolff and Ernest Theurer. By application received by the Southold Town Clerk on January 13, 1992, the prior owners requested that the property be considered for purchase under the Southold Land Preservation Program. As the new owner of the property, I would like to replace the prior owners on the consideration list under the Land Preservation Program. Enclosed herewith please find a Land Preservation Program Consideration Request which I have prepared in behalf of Spectacle Ridge, Inc. Please advise me if anything further is needed to place us on the list in place of Wolff and Theurer. Very truly yours, By: SPECTACLE RIDGE, INC. Mark A.v Lieb Its President C2S92521&0.2ros Phone: 765-1801 LAND PRESERVATION PROGRAM I am the owner of property which I hereby submit for consideration by the Town of Southold under the Land Preservation Program. NAME Spectacle Ridge, Inc. ADDRESS 20 Harkim Read Greenwich, CT 06831 PHONE NO. (203) 532-1209 PROPERTY LOCATION Oregon Road, Cutchogue District 1000.00 Section 084.00 TAX MAP NO. Block 01.00 Lot 002.000 TOTAL ACREAGE 19.0774 it is understood that this submission does not commit the Town of Southold to the purchase o,f my property . SPECTAC RIDGE, NC. · Mark A. Lieb Its President Please return this completed form to: Frederick A. Ross, Chairman Southold Town Land Preservation Committee Southold Town Hall P.O. Box 1179~ Southold, NY .11971 SPECTACLE RIDGE, INC. 20 ~ARKIM ROAD GREENWICH, CONNECTICUT 06831 April 20, 1992 Mr. Arthur H. Kunz Director of Planning County of Suffolk H. Lee Dennison Bldg. - 12th Floor Veterans Memorial Highway Hauppauge, NY 11788 Re: Farm Program Dear Mr. Kunz: The undersigned have recently purchased the Milton Point Vineyard which consists'of approximately 19 acres of land on Oregon Road in Cutchogue. The prior owners of the property, Messrs. John Wolff and Ernest Theurer, had applied for placement on the Farm Program waiting list. As the new owner of the property, the undersigned would like to be placed on the waiting list in place of the prior owners. If a formal application is necessary, please advise otherwise please consider this an application for placement on the Program waiting list. Thank you for your consideration in this regard. By: Very truly yours, SPECTACLE RIDGE, INC. Mark A. Lieb Its President G259252140.2kun Spectacle Ridge Inc. 20 Harkim Road Greenwich, Connecticut 06831 September 3, 1992 Mr. Frederick A. Ross Box 727 Cutchogue, New York 11935 Dear Mr. Ross: This letter is to confirm our conversation that I would like to add the 1.7853 acres to my application to sell the development fights on my vineyard property on Oregon Road in Cutchogue. I have enclosed a cen.ilied survey of the additional acres to be purchased as well as, the total acres for purchase by the Land Preservation Committee after I subdivide the two acres for the purpose of building my house and barn. As you'can determine the total acres to be conveyed to the Land Preservation Committee would be. 18.7918 acres. Your offer of the appraised value of 9,976 per acm is acceptable. Thank you very much for the consideration you have shown in this matter. Sincerely yours, Mark A. Lieb MAL/dr /. .... ~' .......... 084 ID~ CLERK 4 5 3 3 B TOWN OF SOUTHOLD Suffolk County, New York Phone 516-765-1801 Southold, New York 11971 ~'--~ ~-; ~ Date e~ f 19 For ~ Juditxht. Teeny, own Clerk BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : G_arrett A. Stran~ for Spectacle R.idge Inc. lo.~the Board of Appeals of the Town nf Soulhnld : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned I'0- petition the Board ~f Appeals of the Town of Southold lereques! a (Variance) (~N~KgX~O0 ~]~i$~{~ (~K&~S( [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- ~ibed as follows: 14990 Oregon Road~ Cutehoque~ New York . Suffolk County Tax Map # 1000-84-01-02 ..South side of Oreqon Road approximately' 720 feet West Of Brid~e Lane 3. That the property which is the subject of such Petition is located in the following zoning district: A-C A~r ~'~ultural Conservation 4 That by such Petiti~n, the undersigned will request the following relief: ..,Construct accessory Building with residential Permission to second floor use;specifiea]ly ~ivin~ area for familv member, ~uest quarters S. That the provisions of the Sou[hold Town Zoning Code applicable to the relief sought by the under- ~,~ed ~re Article III Sec..tion 100-3 lA (~) [ ] Section 280-A, New York'~Town Law for approva] 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 e,~imine the same during regular office hours. (516) 7~5-1809. and domestic servant ~uart,,rs. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Beard 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 Tawn of Southold and designated for the p, ublJcation of such notices; that you or your representative have the I'j~J.l: to appear and be heard at such hearing. D~*ed: .... December 7, 1992 Petiti~nerGarrett A. Strang, Architect 0wners'Names:t~idqe Inc. Post Office Address 54655 Main Road, P.O.Box 1412 Southold~ New York 11971 Tel. No. (516) 765-5455 [Copy of sketch or plan showing proposal to purposes.] be~ attached for ~onvenience PROOF OF MAILING OF NOTICF ATTACH CERTIFIED PLAIL RECEIPTS ADDRESS The Society for the Propagation of the Faith 191Joralemon, Brooklyn, New York 11201 Mr. & Mrs. William Asip Bridge Lane, Cutchogue, New York 11935 MS. Agnes D. McGunnigle North Road, $outhold, New York 11971 Mr. Steven Dhbner 60 Cove Run, Oyster Bay Cove, New York'l?79~ Michael & Maria Demchak 157 Newtown Road, Hampton Bays, New York 11946 U.S. POSTAL SERVICE CERTIFICATE OF MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE--POSTMASTER Received From: Garrett A. Strang, Archit~ P.O.Box 1412 Southold~ New York 11971 One piece of ordinary mail addressed to: The Society for the Propagation of the Faith 191Joralemon Brooklyn. New York 11201 Affix fee here in stamps meter postage and mark. Inquire of S Form 3817, Mar. 1989 *U.S.GPO:1991.0.282-404/25747 Mr. & Mrs. William Asip k~% "~ Bridge Lane Cutchoguer N.Y. 11935 ..... ~S Form 3817, Mar. 1989 *u S.GPO:1991.0.282.404/25747 Ms. Aanes D. M~GunniaAe .... North Road ~~ Southold, New York 11971 PS Form 3817, Mar. 1989 *u SGPO:1991-0-282-404/25747 Mr. Steven Dubner 60 Cove Run Oyster Bay Cove, N.Y.~i79~~.~ PS Form 3817, Mar. 1989 *u $ GPO:1991-0-282-404/25747 Michael & Maria De~Chak 157 Newtown Road Hampton Bays. New York 11946 Main Road ulysworn, deposesandsaysthatonthe~-~--da ailed a true copy of the Notice set forth on the re- ,ns at the addresses set opposite their respective sons are ~he addresse~ of said persons as shown on ~id Notices were mailed at the United States Post O laid Notices were mailed to each of said persons by PS Form 3817, Mar. 1989 *U.aGPO:I991-O-282-404/25T47 Notary Public CLAIRE L GLEW No. fy Publi~, State of New Yodc No. 4879505 .~ ~. Qualified in Suffolk County L~/~..~ Cemmi~ion Expires Deoember 8. 19.L.,~ (This side does not have to be completed on form transmitted to adjoininC property owners.} L GARRETT A. STRANG architect Main Road P. 0. Box 1412 $outhold N.Y. 11971 516- 765 - 5455 ~RII~6E L~NE ~ ~IIF TI4E SOCIETY FOR SCALE; {#= 100' [~vdL C- - wELL. q SI~RVEY OF PROPERTY SITU,4TE Ar C LU'CI-[O 61J£ TOWN OF GOUTHOLD G I)F£OLK COI)NT~' NEW YO}?K A~o /v,o, ~r~ $EP? I~, 199£ ~URVE~'ED ~RCH ~,/992 ~Mtr~ Phone: 4~-519~ TE.~T HOLE rd_ IOO.0 COA~R ~91)RVEK CERT/FIEO TO: G~ECTACL~ R/D6E/ /NC. LAWYERS TITL~ INSUITANCE ,~3Tt~A CT REPOR)-~ SUFFOLK COUNTY DEPT OF HEALTH SERVICES FOR APPROVAL OF CONSTRUCTION ONLY DATE HS REF No. APPROVED THE WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR THIS 'RESIDENCE WILL CONFORM TO THE STANDARDS OF THE SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES. APPLICANT SEC. SHD JOB 4995 J ZNCH = JO0 FEET 100 0 t00 200 S 45°-15'-35. E BRIDGE 826..Cf 7' NIF LALL¥ 45/o. ..oo' ,, S - 5 -35 E LANE S 45°-I5'-35,, E 397.00' LAND OF THE SOCIETY FOR THE PROPAGATION OF THE FAITH AREA = 13.9735 Acres (TO NEW LI~) LAND OF ASIP AREA = 5.6956 Acres PROPOSED LOT LINE 999.38' ~EXISTINB LOT LINE SCTN: 1000-073-01-003.00t S 47°-35'-55' E ;1005.32' S 47'-35'-55" E 1403.70' J 4.~ ;Z. 24' "- SCTN: 1000-084-001-004 404.32' 405.9£' SCTM: i000-084-0t-002 LAND OF SPECTACLE RIOSE, INC. TOTAL AREA = 20.8827 Acres (Incl conveyances) SOUTBOLD IOWN PLANNING BOARD N 48°-07'-08'' Id 889. ;20' MAP OF SYLORET ESTATES NAP No. 6390 N/F McSUINNIGLE MAP OF PROPERTY SHONINS EXISTING AND PROPOSED LOT LINES Situated at CUTCHOGUE TONN OF $OUTHOLD SUFFOLK COUNTY NEN YORK Prepared August 26, i992, by SMITH & ,lUNG 120 Medford Avenue Patchogue, NY JJ772 Phone: 475-3Jg2 47' -43 '-'15" E 462.00' , /,,~ N/F SHALVEY REF. ONLY: 1000-073-01-003; t000-084-0t-002, 004 SEC. SHD JOB 4995 LDN PLAN S 45"-15'-35" E 826. t7' , .Z S 45"-I5'-35" E 397,00' ~oo. oo' ~ ~ S 45"- ' " I5 -35 ~3.9735 Acras LANO OF THE SOCIETY FOR THE PROPOSATION OF THE FAITH 999.38' fH.~ S.4Z'-35'-55 ~ ' 1403.'Z0' 5.6956 Acres LAND OF ASIP 404.3£' ~-EXISTING TAX LOT LINES DEVELOPMENT RIGHTS TO BE ACQUIRED BY THE TOWN OF SOUTHOLB N 4B'-O7'-OB' W 1889.20' THE NATER SUPPLY AND SENAGE DISPOSAL SYSTEMS FOR ,ALL LOTS IN THIS DEVELOPMENT COMPLY NITH THE STANDARIDS AND REQUIREMENTS OF THE SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES. LZCEHSE No INCH = 150 FEET 0 ~50 S 47°-43'-15' E STREET · Mi Fd~RE 'DWELLIN6 ~WELL TYPICAL LOT LAYOUT NO SCALE SETBACK LINE C.I. COVE~ FRAME CONC CHIMNEY PRECAST CONC COVER SECTION TYPICAL SEPTIC TANK NO SCALE 300 TEST HOLE TYPICAL CESSPOOL NO SCALE LAND DIVISION AND LAND DEVELOPMENT MAP Situated at CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY NEW YORK Prepared Augus[ 26, 19~2, SMITH & JUNG t20 Medford Avenue Patchogue. NY Phone: 475-3~92 P~ELIMINARY PRINT NOT TO BE USED Main Road RO. Box 1412 Se, uthold N.Y. 11971 516- 765 - 5455