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HomeMy WebLinkAbout4185 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 $OUTHOLD 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 Appl. No. 4185. Upon Application of THOMAS J. McCARTHY (Contract Vendee). Current Owners: Frank Majeski and others. This is an appeal for a Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3 for permission to modify area of proposed substandard lots (prior Appeal No. 4100 rendered June 30, 1992), each with a preexisting dwelling. Location of Property: 1270 Fourth Street and 305 King Street, New Suffolk, NY; County Tax Map Parcel No. 1000-117-7-8. WHEREAS, a public hearing was held on August 18, 1993, at which time the applicant and persons who desired to be heard were heard and their testimony recorded (see verbatim transcript prepared under separate cover); and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present R-40 residential zoning, and the surrounding residential area; and WHEREAS, the Board made the following Findings of Fact: 1. This is an application for a variance due to the re-adjustment of lot line between Lot 1 and Lot 2, and westerly lot line of Lot 3, as shown on the map prepared by Joseph A. Ingegno, Land Surveyor, dated July 28, 1993. 2. Each of the lots shown are substandard in size and are requested to be re-adjusted as follows: (a) Lot 1 of 4,219.37 sq. ft. instead of 6,090± sq. ft. (b) Lot 2 of 6,783.06 sq. ft. instead of 5,340± sq. ft. (c) Lot 3 of 7,301.23 instead of 6,9?5± square feet. (d) Lot 1 of 45.64 ft. frontage along Fourth Street and 100.00 ft. frontage along King Street; Page 2 - Appl. No.' 185 Application of THOMAS J. McCARTHY Decision Rendered August 18, 1993 (e) Lot 2 of 64.16 ft. frontage along Fourth Street and 64.80 feet at the principal building front setback line; (f) Lot 3 of 50.00 ft. frontage along King Street and 50.10 feet at the new principal building front setback line. 3. The following information and facts pertaining to the subject land and buildings are noted for the record: (a) This property received a denial with conditional alternative relief for proposed Lots 1, 2 and 3 as rendered by the Board of Appeals on June 20, 1992 under Appl. No. 4100. (b) according to town assessment and building department records, the premises has preexisted the enactment of zoning (April 1957) with four separate dwelling structures. Specific information concerning the sizes, location and setbacks of the dwellings has been furnished on the survey prepared by Joseph A. Ingegno dated February 28, 1992, further noted below: (1) House ~305 837 sq. ft.; one-story height; full kitchen/housekeeping unit with permanent heating unit for yearround occupancy; (2) House #1270 - 900+ sq. ft. at ground floor; building is at two-story height; full kitchen/housekeeping with heat for yearround occupancy; (3) Cottage at the northeast section of the premises 504 sq. ft. (14 x 36), exclusive of 270 sq. ft. of attached garage and attached shed; (4) Cottage at the southeast section of the premises - 384 sq. ft. (12 x 32) exclusive of enclosed 68 sq. ft. front porch; one-story height; front yard setback at 9.5 feet; without a heating system per building inspection report of August 28, 1990. (c) the surveys prepared by Joseph A. Ingegno shows separate cesspool systems for each dwelling structure as well as four separate well locations (approximate locations). (d) Certificate of Occupancy #Z-19433 for Preexisting Use and Buildings dated October 10, 1990 from the Town Building Inspector has been furnished for the record; (e) the one-story frame building which presently exists 10.0 feet from King Street on proposed Lot 3 must be Application of THOMAS J. McCARTHY Decision Rendered August 18, 1993 removed, after obtaining appropriate permits from the Building Department and other agencies involved, before issuance of a Certificate of Occupancy for this project or building permits to renovate or expand any buildings on the premises. 4. The Board members have considered the standards set forth for "area variances" and find as follows: (a) UNIQUENESS - the applicant has established unique physicial conditions peculiar to and inherent in the subject lot compared to lots in the neighborhood. All remaining seven lots within this same residential block consist of land sizes ranging from 2850 sq. ft. to 7592 sq. ft. {i.e., parcels identified on the County Map as Lots 5, 6, 7, 9, 10, 11, 12}. Each footprint of building area on these tracts range from 654 sq. ft. to 1642 sq. ft. The character of the area will clearly not be an undesirable change by the grant of this alternative variance. (b) PRACTICAL DIFFICULTIES - the applicant has shown that he would not be able to reasonably use, or aesthetically improve, the subject buildings under the zoning restrictions without a variance. Virtually, any attempt to make substantial · aesthetic improvements to buildings, as exist, would come into conflict with the bulk schedule and provisions of the zoning ordinance as it relates to one nonconforming lot with multiple dwelling use nonconformities. The dwelling uses are allowed in this R-40 zone district, whether it be by of a legal, preexisting nature, or by placement of lot lines for separate ownership. The Board Members are not concerned with ownership of the houses -- however, it should be noted that conveyance of at least three of the existing houses for single and separate ownership on three separate lots would not be a disadvantage under these circumstances, and would provide opportunities for affordable homes to three single families in the Town. (c) VALID PUBLIC PURPOSE - The percentage of relief requested in this particular application is not substantial. Strict application of the zoning ordinance will not, in the Board's opinion, outweigh injury to the applicant and justice will be served by allowing a variance, for alternative relief and the minimum necessary to relieve the difficulty. (d) OTHER FACTORS - The difficulty alleged was not self-created and the difficulty claimed may not be avoided by means other than a variance. In view of the manner in which the difficulties arose, and in considering all the above factors, the interests of justice will be served by granting the relief requested, and as conditionally noted below, and will at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the con~nunity. ~ ?age 4 - Appl. No.~85 Application of THOMAS J. McCARTHY Decision Rendered August 18, 1993 Accordingly, on motion by Chairman Goehringer, seconded by Member Villa, it was RESOLVED, to GRANT the relief requested in this re-adjustment of substandard lot areas, SUBJECT TO THE FOLLOWING CONDITIONS AND NOTED AS FOLLOWS: 1. No further reduction in lot area for Lots 1, 2, and/or 3 other than that shown on the plan prepared by Joseph A. Ingegno, Land Surveyor (last revision date: July 28, 1993). 2. Applications will be filed, processed and finalized with all other appropriate agencies of the Town and County before separating proposed Lots #1, #2, and 93. 3. Only one single-family dwelling use shall be permitted for each of the three lots. Therefore, it is a requisite of this variance that the front building on the proposed Lot #3 which consists of approximately 384 sq. ft. (depth 32.3 feet and variable width 11.3 to 12.3 feet) shall be removed. Compliance with this condition must be confirmed within six (6) months after final approval of all Town and County Agencies, or within six (6) months of transfer of title to the applicant herein. Vote of the Board: Wilton and Goehringer. lk Ayes: Messrs. Doyen, Dinizio, Villa, This resolution was duly adopted. GERARD P. GOEHRINGER,~AIRMAN RECEIVED AND FILED BY THE SOUTHOLD TOV{N CLERK DATE ~Z HOUR ~/re.j- ~n Town Clerk, Town of Southold APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wiltnn Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS SCOTTL. 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, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, AUGUST 18~ 1993 commencing at the times specified below: 1. 7:32 p.m. Appl. No. 4180 - JOAN AND ROY BERMAN. (Continued from 7/22/93 meeting). Variance for expansion of accessory storage-garage building which was recently altered under Permit No. 20895 issued 8J18/92 and which addition will be in excess of 20% lot coverage limitation for all buildings. Property Location: No. 1000-31-18-11. 2614+- sq. ft. 520 Rabbit Lane, East Marion, NY; Parcel This property is nonconforming at a size of 2. 7:35 p.m. Appl. No. 4188 - RUSSELL IRELAND, JR. for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct open walkway between the bulkhead and the existing deck addition at the rear of the Page 2 - Notice of.arings Southold Town Board of Appeals Regular Meeting of August 18, 1993 dwelling, which deck was required to be modified under Appeal No. 4163 on May 11, 1993 with a 15-ft. setback from the bulkhead rather than "as built." Location of Property: 5400 Great Peconic Bay Boulevard, Laurel, NY; District 1000, Section 128, Block 2, Lot 12. This parcel contains a total area of 43,402 sq. ft. and is located in the R-40 Low-Density Residential Zone District. 3. 7:40 p.m. Appl. No. 4189 - SALVATORE W. CAMPO for a Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3 for permission to construct addition to dwelling with an insufficient (front yard ) setback from Landing Path Road (unimproved). This parcel has two front yard areas, contains a 'total area of 25,175 sq. ft., 100 ft. frontage along the south side of. Clearview Avenue and 251.75 feet along the westerly side of L~nding Path Road (unimproved), Southold, NY; County Tax Map District, Section 70, Block 09, Lot 53. 4. 7:45 p.m. Appl. No. 4185 - THOMAS J. McCARTHY (contract vendee). Current Owners: Frank Majeski and others. Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3 for permission to modify area of proposed substandard lots (prior Appeal No. 4100 rendered Jun~ 30, 1992), each with a preexisting dwelling. Location of Property: 1270 Fourth Street and 305 Page 3 - Notice of ~rings Southold Town Board of Appeals Regular Meeting of August 18, 1993 King Street, New Suffolk, NY; District 1000, Section 117, Block 7, Lot 008. 5 & 6. 7:50 p.m. Applications of JOHN E. ANDRESEN and others as contract vendees (Current Owner: Thomas N. Anshutz, Jr.) concerning premises known as 1625 Main Road and Franklinville Road West, Laurel, NY; District 1000, Section 127, Block 2, Lot 5.1 containing 59,984 sq. ft. in this R-80 Residential Zone District, for: A) Appl. No. 4186 - Variance to the Zoning Ordinance, Article III, Section 100-32, Bulk Schedule, for permission to locate principal building'with a reduced setback from the southerly (front) property line along the Main Road (S.R. 25); and B) Appl. No. 4187 - Special Exception for permission to establish use of proposed building for veterinarian office and animal hospital use in accordance with Article III, Section 100-30B(1) of the Zoning Ordinance. 7'. 8:00 p.m. Appl. No. 4184 CHARLES H. LEWIS for a Variance as provided by New York Town Law, Section 280-A requesting acceptance of minimum improvements within a private ~age 4 - Notice of ~rings Southold Town Board of Appeals Regular Meeting of August 18, 1993 right-of-way for safe and sufficient access by emergency, fire and other vehicles to: Lot No. 1, as modified, with its proposed access over a right-of-way extending from'the westerly side of Lighthouse Road, Southold, NY, over premises now or formerly of Pantel, referred to as Parcel #1000-50-3-3.4, and over premises now or formerly of Suffolk County, known as Parcel #1000-50-3-3.1. Lot No. 2, as modified, with its proposed access over a right-of-way extending from the northerly side of Sound View Avenue, Southold, NY, in a northerly direction over premises now or formerly of Regan, Lindermayer, Stanley, Kudinka and/or Garcia and Sileo, referred to as. 'Parcels #1000-50-3-16, 7, 8, 23, 9 and/or 19.1. The property to which this application is requested for access and standards sufficient for emergency vehicles is shown as Parcels #1000-50-3-14, 15, and 16 for a total co~ined area of 2.2612 acres, and which is pending before the Southold Town Planning Board for re-division into two lots. 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. If you wish to review 'Page 5 - Notice of ~rings Southold Town Board of Appeals Regular Meeting of August 18, 1993 the files or need to request more information, please call 765-1809 or visit our office. Dated: August 2, 1993. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOF~{RINGER CHAIRMAN By Linda Kowalski x FORM NO. ;3 TOWN OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK's OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL Date .... ~q~*. 29, ...... . .... ....... ..., 19 93 To ...~01~.s.A...~.ec..ag..a~...(c. om-aACT WNnRE) FeaU~ m~mSKI & OaS. BOX 1266 SOb'TBOLD~ NE~/ ¥OP, K 11971 PLEASE TAKE NOTICE that your application dated JI/LY 27, 19 93 for permit to .P~.VlSE SUBSTANDARD LOtS Location ~" - 1270 4th St & 30.5 King St., New Suffolk, N..Y o~ rroperry ....... - . House No. ' ..... Street ............. County Tax Map No. I000 Section ! !7. ....... Block 7 8 Ham/et Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapprove'd on the following grounds , , .RR.I~.I.S.I.O.N. 9Y .sE~.s.'r..al~...ma)..[9.'r.s.. · AS PEEMI'i-i'gD UNDER -l'ltg ZONING BOARD OF APPEALS, APPEAL #4100 b/ILL REQUIRE ·. ACTION BY THE ZONI.NG BOARB OF APPEALS. 'ACTION ALSO REQUIRED BY ~ · 'r PLANNING BOAP, R~.. Rv 1/8o FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 , .~.~.~..g TE~.; ~×amined ........ , 19 \pproved ................ ,, 19... Permit No ............ (Building Inspector) APPLICATION FOR BUILDING PERMIT RD OF HEALTll ......... 3 SETS OF PLAN'S .......... SURVEY ................... CIIECK SEPTIC F O R,'I .............. CALL ...... HAIL TO: INSTRUCTIONS a. Tiffs application must be completely ill/ed in by typewriter or in ink and submitted to the Building Inspector, with 3 ts of plans, accurate plot plan to scale. F~e according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or pub/ic streets · areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- tion. c. Tile work covered by this application may not be commenced before issuance Of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit all be'kept on the premises available for inspection throughout the w6rk. e. No building shail be occupied or. used in whole or in part for any purpose whatever until a Certificate of Occupancy all have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the :tiding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or 'gulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. .e applicant agrees to comply with al/ applicable laws, ordinances, building code housing code, and regulat'ons, and to mit authorized inspectors on premises and in building for necessary inspecti~)~i'~ ~'~'~ .... '" .... ........ . (Mailing address of applicant) ate whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ............ tJ.e me o ~vncr o rcmises ........ (as on the tax roll or latest deed) ~pplicant is a corporation, signature of duly auth. ori~ed officer. (Name and title of corporate officer) Builder's License No ' Plumber's Liccnsc No Electrician s License Nb OHler Trade's License No. Location of land on which proposed work will be'done ..... " N b St ................... llouse um er reet Hamlet .......... ...... /./.7. ....... 5 bdi iio ' u v s n ........... Fil d M N ...................... c ap o. (Name) .............. Lot ....... 5~ate existing use and occupancy of premises and intended use and occupancy of propose~d construction: 3. Nature of work (check which a able): New But/ding .......... n .......... .Alteration .'.. ' ... Repair .............. Rcmoval .............. Demolition .............. Other Work. (Descr/ption) 4. Estimated Cost ..................................... Fee ...................................... ff.. (to be paid on filing this application) 5. If dwelling, number Of dwelling units ............ Number of dwelling units on each floor If garage, number of cars ................ 6. If business, commercial ....... ' .................... . ............ or mixed occupancy, specify nature and extent of each type of use ii 7. Dimensions of existing structures, if any: Front - H '- ............. Rear .el=hr ............... Number of Stones . · ............. Depth ............... Dimensions of same structure ,.;,h .,, .. ' '.' ................................................. · -,,,, ,-teratlons or addihons: Front ....... Rear .............. 8. ~D.epth .. .... ; ................ Height .... ....' LJmlenmons ol entire new construction: Front . i ~ i ~.'~4.,.' i i .... Number of Stories ........... 2'.. ..... ~cight ............... Number of Stories... Rear ............... Depth ' 4 ' ' ' 9. aizeoflot:Front .... o, .............. Rear ' . 'Dap. th , ~ ........ 10. Date of Purchase .... '~.~0~O.(.' "~'a .... ::- ...... A ....-- ~AJ ,'.. ........... 1 1. ' ................ me oI-,t~o .,n~.~er 'Owner .iq I°~-.Z[~ t . . ' Zone or use district in which premises are situated .... 12. Does proposed Construction violate ~ny zoning law, ordinance ~"-' YD ' '-- ............... 13. WH , . , orre~,ulahon: .~.. .... ...... · 1 lot be re,,reded .Tt k mecr .. lfP.,'s..' ' ........... '. .....................wm exc ss fill b emoved, from prem,ses'Yes 14. Name of Owner of premmes . i. Address "~b~' ' No · '~ .'~'. · · ??/-?/.. -~. .... Phone No ........ ' ...... Name of Architect ....... "· ................ Address ................... Phone No ................ Name of Contractor ...... '7- ........... . ....Address ................... Phone No ........... 15. Is ~his property within 300 feet of a tidal wetland? ~Yes ........ No,~ .... ' .... · If yes, Southold Town Trustees Permit may be required. ' .... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate ail set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or comer lot. ;TATE OF NE',Vt-Y-ORK/~/'~ //./ $ $ . ....... .......... me of individual signing contract.) bore n~mcd. is the ............. , .......... .'" · ' c;rporate o ffi~;; .... said owner or owners, ~d is duly authorized to perform or have perfonned the said work hnd to m~e and file this ~plica~ion: dmt all statements contained h fids application are true to the best of his knowledge and belief; and that the' ork will be parroted in the manner set forth in the application filed therewith. · 'om to before me t~ ' . .... being duly SWorn, deposes and says that he is the applicant TOWN OF SOUTHOLD, NE%V YORK APPEAL FROM DECISION OF BUILDING INSPEC-rOR RECEIVED JUL ~9 1993 S°uthol.,d6,~ewn APP,, _.,~ ~ ~ DATE ....7.....).~.:.~.~. .... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ,.,we, ........ .-L'~...~...~.~ ~ Z~ ~.~...of ....... ~.,..~ ~.., ................ ~ ......................... Name of Appellant Street and Number '. ................. ~..u~...l~. .................................................. ~ .....P...F.. ............. .EREBY APP~O Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... District 1000 Section .............. curren~ Owner ......... lFTBl°ck7 ~ot~ . . Map No. 'Lot No. Prior Owner WHEREBY THE BUILDING INSPECTOR DENIED TO ........... · . .... ..... Name of Applicant for permit Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR. OCCUPANCY ( ) LOCATION' OF THE PROPERTY ................ ~ ~) ......................... ~:~' '1~. Street /Hamlet / Use District on Zoning Map 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 _1~ Section )(/~E OF APPEAL3. Appeal is mode herewith for (please check appropriate box) A VARIANCE to the Z~ning Ordinance or Z~ning Mop ( ) A VARIANCE ~ue t~ I~ck oJ ~cce~l (Store ef N~w York Art. 1~ Sec. 280A Subsection 3 (.) 4. PREVIOUS APPEL A previous appeal~has not) been mode with respect to this decision of the Building Inspector or with respect to ~property. ' Such oppeal was ( ) request fora special permit ~d Wo~ m~ in ~ppe~ ~& .......... · ..................... Doted REASON FOR APPEAl. ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance is requested for the reason that ForTh (Continue on other side) REASON FOR APPEAL Continued sorv HARDSHIP because STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- vicinity of this property and in this use district because The hardship created is UNI(~UE and is not shared by all properties alike in the immediate CHARACTER OF THE DI',IF, ICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE I~~;~=' TOWN:OF / / v/ . OWNER RES. LAND AGE SEAS. IMP. VL TOTAL SOUTHOLD 'P~OPERTY RECORD'~-AiiD FARM DATE BUILDING CONDITION NEW NORMAL BELOW Farm Acre Value Per Acre Value Tillable ] Tillable 2 Tillable 3 Woodland Swampland Brushland Hou~se Plot Total VILLAGE E. DISTRICT SUB. ACREAGE TYPE OF BUILDING LOT COMM. I CB. J MISC. REMARKS 7 ABOVE DOCK .Est. Mkt. Value Extension Breezeway Garage O.B. ~undation (~ ( ,/'~, Bath i/~6sement ] //~/~,~ ~ Floors Ext. Walls Fire Place ! .~riveway interior Finish Heat Porch Porch Patio Rooms 2nd Floor Roof Type Rooms /st Floor Dormer flVLLLI.I[ SfllBL£'Y o (.o ~ &- SOT£RA. SIlII3LEY ~ '00" E 100.27' ACT. 100' DEED rE,,c~ o,.~- N 89'09'00' 15.00' STORY '10" W 21.5' 19.6' .... LOT 2 APPROXt~L&TE ~WELL LOCATION S 89'15'10" W 38.73' A~PEOX]MAr[ WELL LOCATION 84.98' 25.3' LOT LOT 3,5' 150.0( McCarthy Management Thomas J. McCarthy P.O. Box 1266 Southold, NY 11971 C ~To All~Bo~ I would following Board.? May 6,I992 greatly appreciate your consideration of 'the' data about my application that is before your. What I am requesting is a four lot subdivision in the ~illage of New Suffolk. I. would like to make you aware of the benefits of this project~ The primary benefit is the creation of several single family housing units from a piece of property that is currently the shame of the neighborhood. With the support of your Board, these units that are pre-existing and functioning independent of one another would provide an opportunity for decent housing at a reasonable cost to residents of the area. Currently these homes are rental units that are in need of repair. As you can well imagine from your visit to the site, the costs of improvements are substantial, especially for a single owner. With the subdivision of this site, it is my opinion that the very factors that motivate an owner to protect his investment would create a positive effect in the neighborhood through the pride of ownership, maintenance, and opportunity to build equity that'these units would provide. I would also like to point out through the pages that follow, that the creation of these needed parcels would in no way exceed the parameters of lot size or density that presently exist in the neighborhood. The source of my data is taken directly from the Assessors Office Property Record Cards and reflect all'of the improved residential parcels of land that are located in District 1000, Section 117, Block ? - which is the location of the subject parcel. The creation of these individual lots would improve the character of the community and provide opportunity where none presently exists. It would also create'a legal separation of four independent housing units that currently exist in a practical manner but fail to show up on the ~ax map, hence paying a disproportionately low share of the tax burden in the area. It is my opinion that these lines of demarcation exist in the minds of'all' passersby and the finalization of them would onl strengthen the character of the neighborhood ~ ~ vai~able,~ Thomas ~cCarthy density analysis of plans Page 15 Public Hearing Southold ZBA 5/7/92 Appeal # 4100 Applicant(s): Thomas J. McCarthy (Contract Vendee) Location of Property: 1270 Fourth Street and 305 King Street New Suffolk, NY County Tax Map No.: 1000-117-7-8 The Chairman opened the hearing at 8:05 p.m. and read the Notice of Hearing and Application for the record. CHAIRMAN GOEHRINGER: We have before us, three (3) plans, three (3) specific site plans from a licensed surveyor and we have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody who would like to represent Mr. McCarthy or is he here. Oh, this is the Mr. McCarthy. How are you? MR. THOMAS J. McCARTHY: Good evening, f would like to present some pictures of the buildings as they exist. They were taken today. These are the four (4) pre-existing buildings and the second group is the buildings that are in the area that are similar and they are quoted on the letter that I submitted for the Board members. I would just like to make the Board aware of is that the all four (4) structures on the property are pre-existing, operating independently, not dependent upon each other. And they are very similar to the other properties that are in the area, and New Suffolk has very small lot areas. And on sheets three and four (3 and 4) you will be able to see the entire section of the Town, Section 117 , Block 7, I did an analysis of the total square footage of the existing lots in the area, along with the square footage foot print of the structures that are on those buildings, and the density, the percentages. And if you were to look at the next page, Page 4, Plan 1, Plan 2, and Plan 3, the way they are subdivided, do not exceed either the lower limits of the total square footage of the lots there, that are involved in that section of New Suffolk. And the total building square footages are not the lowest in the area either and the densities conform Within the parameters, the lot density for creating these lots, would not be anything higher than what already exists down the neighborhood. When I first saw this piece of property, I rode by and it was my impression that they were four (4) independent pieces, and not until I took a look at the tax map, did I find out they were on one (1) piece of property. And at that point I became involved in the property. I feel that maybe a similar condition with anyone else driving by, would see them operating separately and independently, and not seeing them working together. So I think that there is one thing that is left, is to create legaily a separation between the four (4) of them. They are legally operating independently right now. And what I would like to do is to improve the, each one of the structures, because they are in rather poor condition right now. To improve them, put some money into the project MR. McCARTHY (con't): and I believe it will increase the character of Page 16 Public Hearing Southold ZBA 5/7/92 the neighborhood. Because they are currently rental units right now and the present owner doesn't wish to put any money into them and they are failing into a state of disrepair. So I feel that by having a positive motion on this application and it will help the neighborhood because we will be able to put some money into the structures. The neighborhood will look better and it will also provide some housing in the area, that already exists, that will be affordable for some of the younger people in the area. I don't see these structures just by their own existence. The size of them, and the size of the lots garnering a ~reat deal of money. think that they afford the opportunity to some of the residents of getting a place they can call their own, building up equity in it and perhaps using it as a stepping stone to move onto another house as they move on with their lives and have children and what not. I think it already exists, it is operating legally right now and if we could separate them it might provide opportunity for four (4) people within the Town to have a chance to get a stepping stone move further. CHAIRMAN GOEHRINGER: For the record, we have three (3) C.O.'s on all four (4) buildings. MR. McCARTHY: That is correct. CHAIRMAN GOEHRINGER: Do we have any idea whex{ these dwellings were constructed to the best of your knowledge? MR. McCARTHY: Not really. CHAIRMAN GOEHRINGER: Okay, let us go on the Number 1, 2, 3 situation. Number 1--do we have a, I should point out to you that these are all rented as of to date? MR. McCARTHY: Yes they are. CHAIRMAN GOEHRINGER: And that is part of one of the reasons why I didn't walk on the property, other then, I know one of the members had a nice discussion with one of the people there and so on and so forth. Lot # 1 has a one-story frame house, do we have a basement in this house, is there any type of .... MR. McCARTHY: Which plan are you looking at? CHAIRMAN GOEHRINGER: Well, actually they all prodder the same plan, right? They are all Lot 1, 2, 3, and 4, aren't they, yes. Okay, it would be the house closest to King Street actually, Lot #1. MR. McCARTHY: That is a two bedroom ranch and yes, it does have a basement. Page 17 Public Hearing Southold ZBA 5/7/92 CHAIRMAN GOEHRINGER: Is that the one? That is the one, you have house 1, so will we assume house 1 is lot #17 MR. McCARTHY: Yes it is. CHAIRMAN GOEHRINGER: So Lot il has a full basement, or a partial basement it in. Now Lot # 2 is what? MR. McCARTHY: Two (2) sto~r frame house, looks like a farm house, it also has a partial basement. CHAIRMAN GOEHRINGER: Brick foundation it appears. MR. McCARTHY: Yes. CHAIRMAN GOEHRINGER: Okay. So then we would say that the other two (2) are less stately than the ones we just mentioned. Preferably Lot # 3, which we assume would be this one, is a little wider, it sits in the back. This appears to have a partial block foundation or crawl space. MR. McCARTHY: It is a crawl space. CHAIRMAN GOEHRINGER: Okay. That construction on the side is the carport/garage effect I assume. Right, that we are referring to, that is fairly close to the property line. MR. McCARTHY: Yes it is. It is about a foot off the property line as it exists. CHAIRMAN GOEHRINGER: And the last one, is the very narrow house on Lot # 4, and that appears to have pretty much, not much of a foundation probably. MR. McCARTHY: It's a similar condition to Lot iS without the garage and shed. CHAIRMAN GOEHRINGER: Now, each one of these have their own separate electric meters, they have their own electric, service is separate to eachhouse? MR.McCARTHY: I believe Lot # 3 and Lot # 4, electric service comes across Lot #4 to Lot # 3. CHAIRMAN GOEHRINGER: On Lot #3, it may come across, but that is only a utility easement, that is not necessarily, it has its own separate meter though right. MR. McCARTHY: I'm not certain about that. Page 18 PubLic Hearing Southold ZBA 5/7/92 CHAIRMAN GOEHRINGER: You are not certain about that. I should point out to you that what I would be interested in looking at Page 19 Public Hearing Southold ZBA 5/7/92 CHAIRMAN GOEHRINGER (eon't): is going back and looking at house 3 and 4, so whatever you can do, within the next two (2) weeks to set up an appointment, preferably on a Saturday morning alright, and it will be greatly appreciated. Maybe even the sixteenth (16th) or so, which is, as long as it is 9:30 or 9:45 (a quarter to ten), something of that nature, because I have an appointment at 12:00. MR. McCARTHY: Is there any information I can get in the mean time so I am prepared for the sixteenth (16th)? CHAIRMAN GOEHRINGER: Well, let us talk about the square footage on Lot #4 for a second. The house is how large in reference to total square footage? I probably have it. MR. McCARTHY: Construction # 4 is, measures out to four hundred sixty-two square feet (462 sq.ft.). CHAIRMAN GOEHRINGER: Okay, so certainly we would want to make that lot as large as possible, since it is approximately almost fifty percent (50%) under what the normal eight hundred fifty square feet (850 sq.ft.) of what ..... MR. McCARTHY: For today's standards. CHAIRMAN GOEHRINGER: And conceivably a house that narrow is, would only service probably one or two (1 or 2) people, so it would behoove us to deal with that aspect, which would mean that we would be more interested, I would be more interested in either one of these plans, excuse me Serge, either one of these plans, preferably Plan #3, which gives us much lot area to house # 4 as possible. And maybe even trying to get a little bit more out of it, without creating anything, any situation that may even be worse for Lot #3, but we can discuss that when we do a field inspection when we get down there, alright? MR. McCARTHY: Fine. CHAIRMAN GOEHRINGER: You don't have any problems with either one these tenants that they wouldn't show us the dwelling, do you? MR. McCARTHY: No, I need permission from the landlord, but I can set that up. CHAIRMAN GOEHRINGER: Okay, great, is the sixteenth (16th) alright with you guys. MEMBER DINIZIO: I probably won't be here. CHAIRMAN GOEHRINGER: (Speaking to Member Dinizio) You won't be here? Page 20 Public Hearing Southold ZBA 5/7/92 MEMBER DINIZIO: No. CHAIRMAN GOEHRINGER: Okay. Did you use your charm to get into any of these dwellings when you went there. MEMBER DINIZIO: No, I didn't get inside, no. MR. McCARTHY: One of them has dogs, he had to be careful. CHAIRMAN GOEHRINGER: Okay, I think that it about it as it stands, Mr. McCarthy and we will see you on the sixteenth (16th). MEMBER VILLA: Jerry, can I say something? CHAIRMAN GOEHRINGER: Surely. I was just finishing mine. MEMBER VILLA: Have you been to the County Health Department on this, because you are going to be looking for a four (4) lot subdivision which falls under the Health Code. MR. McCARTHY: Yes. MEMBER VILLA: Have you been there yet. Because'these are aH, you are talking wells and cesspools and you are going to have a real problem laying out wells and cesspools to meet the one hundred (100) foot separation. MR. McCARTHY: As I was to understand, the Suffolk County Code currently, this is a pre-existing situation. I might as well .... MEMBER VILLA: If they are going to be putting a stamp on a subdivision, they are going to want you to relocate systems. And if you relocate systems, you are going to need to be pretty much, you know they are going to try to get you to comply with the code. And therefore, they might want you to reconfigure some of these lots, so that you. They will want a well and cesspool system for each house on the lot. MR. McCARTHY: Yes. MEMBER VILLA: You if you get maximum distances, you might be having to have small little fingers coming out someplace at least large enough to put a well on, which would be contiguous with that lot. So, you better do some homework with the Health Department I think at this point. Because they might present problems for you that you can't work around. MR. McCARTHY: I see, as far as a zoning matter, with a preliminary approval pending, would that be the course of action, preliminary approval from your Board pending approval from the Health Dept. Page 21 PubHc Hearing Southold ZBA 5/7/92 CHAIRMAN GOEHRINGER: Well, we would probably make it subject to Health Department approval, conceivably to what degree you might have to conform, I am not questioning in anyway, my fellow members here, his expertise not his experience in the Suffolk County Department of Health Services, but you may have to deal with it on a future basis. MR. McCARTHY: I understand. MEMBER VILLA: You see what I am saying, is that they may come back to you and say look, we will live with three (3) lots on here, but we are not going to live on four (4). And that would change your entire application to this Board. MR. McCARTHY: I understand. It is kind of like the chicken and the egg, as far as I'm concerned, so I figured that I would find out what the Town wanted first and work in cooperation with your Board and then propose it to the Health Department. MEMBER VILLA: I think, that in this case, it might be the best the other way around, because I think that they are probably going to give you more problems than anybody. CHAIRMAN GOEHRINGER: What is your timeliness on' the contract? MR. McCARTHY: I have a few months left, I have to double check that and get back to you. CHAIRMAN GOEHRINGER: So you still have time to play around. MR. McCARTHY: I don't know about play, I would say time is of the essence because in order for me to perform under the contract, the approvals would be necessary from the Health Dept. and I guess, the blessing of the Planning Board as well. CHAIRMAN GOEHRINGER: Okay, as long as in my particular opinion for the record, as long as we can get enough on that Lot #4 to, in my opinion, I don't have a particular problem, but that's, as it looks right now, without going for, we will see what develops after the sixteenth (16th). MR. McCARTHY: Fine. Do you have the pictures that were in addition to .... CHAIRMAN GOEHRINGER: Yes. Do you want these back? MR. McCARTHY: I just, I don't know if the rest of the members have seen them. I just wanted to point out .... MEMBER VILLA: I was there today, so. I didn't run into the dog. MR. McCARTHY: The photos are similar sized structures of Page 22 Public Hearing Southold ZBA 5/7/92 MR. McCARTHY (con't.): on similar size lots, with similar size density that are located right in the neighborhood. MEMBER VILLA: The only thing that makes this different is you are trying to split it up and that is where you are going to run into a problem. Pre-existing, you know, if you don't have the one hundred (100) foot, you are replacing your well, well you get the maximum you can. Because that is all you got. But here you are physically trying to split a piece of property and I think that they are going to look at it differently. MR. McCARTHY: I understand. CHAIRMAN GOEHRINGER: Good luck. We will see you on the sixteenth (16th), just give us an idea on time alright. MR. McCARTHY: Thank you very much. CHAIRMAN GOEHRINGER: Your welcome. I make a motion recessing the healing, I don't know if we will get it on the next calendar but we will try. We will recess it without a date, but we will readvertise it anyway. Okay. Second. MEMBER VILLA: Second. All in favor - AYE. End of hearing. Lorraine A. Miller (Transcribed by tapes recorded 5/7/92) ZBA Hearings 25 August 18, 1993 (Before the commencement of Application No. 4185, Harvey Arnoff, Esq., Town Attorney and Counsel to the ZBA, recused himself and did not participate in said hearing.) APPLICATION NO. 4185 - THOMAS J. McCARTHY (contract vendee). Current owners: Frank Majeski and others. Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3 for permission to modify area of proposed substandard lots (prior Appeal No. 4100 rendered June 30, 1992), each with a preexisting dwelling. Location of Property: 1270 Fourth Street and 305 King Street, New Suffolk, NY; District 1000, Section 117, Block 7, Lot 008. 8:02 p.m. (The Chairman opened the hearing and read the Legal Notice and appl£cation for the record.) THE CHAIRMAN: I have a map indicating the changes and which affect, I believe, Lot No. 1 and Lot No. 2 --and Lot No. 3 actually. They are all three lots, a minor change from the decision-- and a copy of Suffolk County Tax Map indicating thi~ and surrounding properties in the area. Mr. McCarthy, how are you? Appearance: Thomas J. Mr. McCARTHY: THE CHAIRMAN: do you want to tell us what you did from our original decision in 19927 McCarthy, Applicant pro se. Fine, thank you. Just briefly, for the Board, ZBA Hearings 26 August 18, 1993 MR. McCARTHY: Well, the lot line that separates Lot No. 1 and Lot No. 2 specifically included the cesspool covers that you see that are now located on Lot No. 2 in front of the house. That was part of Lot No. 1. The reason for doing that was those two cesspools service that structure on Lot No. 1; and as a result of applying to the Suffolk County Board of Health and getting approval from their Board of Review, one condition they are putting on this application fs that I install new wells and new septic systems, which doesn't make the lot line that I had drawn on there to include the existing cesspools necessary anymore. It was kind of an awkward layout, sot this I feel is a better layout, as the lot line separating Lot 1 and 2 no longer runs in front of the structure on Lot No. 2; and it separates them in case there was any neighbor who wanted to put a fence between the two of them, it would not be in front of the other one's house. That is why I changed the lot line between No. 1 and No. 2, and on Lot Line No. 3 we had 45 feet of frontage that fanned out to 50 feet in the back, and that was, the intention of that was for the same intent, the separation between the wells and cesspool in anticipation of what the Suffolk County Health Department was going to do. At the time of the last hearing when we granted the variance, I did not have the map showing the surrounding cesspools and wells in the neighborhood. I have since gone around the neighborhood and discovered the wells and cesspools that would be within 150 feet ZBA Hearings 27 August 18, 1993 of this property; and working with the Suffolk County Health Department, we came up with the best location for the wells and cesspools on each one of the individual lots. They have given the approval based on this plan. This plan does'not alter the well and cesspool locations as you see them here, as to what I have shown the Health Department. It is merely a juggling of the lot lines. THE CHAIRMAN: Two quick questions. You are still removihg the one-story frame house on Lot No. 3? MR. McCARTHY: Correct. THE CHAIRMAN: Secondly, are you placing any specific C & R's on this? MR. McCARTHY: With regard to-- THE CHAIRMAN: Fences or -- Have you thought about it? MR. McCARTHY: To be honest with you, no, I haven't gotten to that point yet, but it is certainly a consideration. THE CHAIRMAN: Does anybody have any questions of Mrs. McCarthy? Bob? MEMBER VILLA: Do you have approval from the Board of Review now? MR. McCARTHY: Yes, I got a variance from the Board of Review and await the stamped plans when I get the well covenants back to them in the form that they need. Then I will get the stamp from them. ZBA Hearings 28 August 18, 1993 MEMBER DOYEN: I don't have any objection to it. I think it certainly adds to the subdivision to straighten out the lines a little bit more, particularly on Lot No. 3. MR. McCARTHY: Yes, I could have gone forward with it the way it was, but I felt that, you know, if we have an effort to straighten, if we have that opportunity in front of us to straighten that out and make it a little bit better for the neighborhood and conform to everything else that is going on. It was a little bit more costly to get the maps redrawn and the fees to reapply in front of you; but I think it is better for the project. THE CHAIRMAN: Again, in the light of the fact that you have done a substantial amount of work on this and we have, although the work was yours in the last year, with the Board of Review and so on and so forth, as long as the Board will go along with the original conditions, I will make a motion granting it, again, with those original conditions. And the ~ main condition is that the house be removed on the road side of Lot No. 3; and the other ones that we mentioned. I offer that as a resolution. (Seconded and carried; see Board Clerk's Minutes.) MR. McCARTHY: Thank you. THE CHAIRMAN: Have a .good evening. PUBLIC h"EARING BOARD OF ZONING APPEALS TOWN OF SOUTHOLD August 18, 1993 (7:30 p.m. Hearings Commenced) Present : HON. GERARD P. GOEHRINGER, Chairman SERGE DOYEN, Member JAMES DINIZIO, JR., Member ROBERT A. VILLA, Member RICHARD C. WILTON, Member HARVEY A. ARNOFF, ESQ., Town Attorney LINDA KOWALSKI, Clerk-Assistant to Board ZBA Hearings 25 August 18, 1993 (Before the commencement of Application No. 4185, Harvey Arnoff, Esq., Town Attorney and Counsel to the ZBA, recused himself and did not participate in said hearing.) APPLICATION NO. 4185 - THOMAS J. McCARTHY (contract vendee). Current owners: Frank Majeski and others. Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3 for permission to modify area of proposed substandard lots (prior Appeal No. 4100 rendered June 30, 1992), each with a preexisting dwelling. Location of Property: 1270 Fourth Street and 305 King Street, New Suffolk, NY; District 1000, Section 117, Block 7, Lot 008. 8:02 p.m. (The Chairman opened the hearing and read the Legal Notice and application for the record.) THE CHAIRMAN: I have a map indicating the changes and Which affect, I believe, Lot No. 1 and Lot No. 2 --and Lot No. 3 actually. They are all three lots, a minor change from the decision-- and a copy of Suffolk County Tax Map indicating this and surrounding properties in the area. you? Appearance: Thomas J. Mr. McCARTHY: THE CHAIRMAN: want to tell Mr. McCarthy, how are McCarthy, Applicant pro se. Fine, thank you. Just briefly, for the Board, do you us what you did from our original decision in 19927 ZBA Hearings 26 August 18, 1993 MR. McCARTHY: Well, the lot line that separates Lot No. 1 and Lot No. 2 specifically included the cesspool covers that you see that are now located on Lot No. 2 in front of the house. That was part of Lot No. 1. The reason for doing that was those two cesspools service that structure on Lot No. 1; and as a result of applying to the Suffolk County Board of Health and getting approval from their Board of Review, one condition they are putting on this application is that I install new wells and new septic systems, which doesn't make the lot line that .I had drawn on there to include the existing cesspools necessary anymore. It was kind of an awkward layout, so this I feel is a better layout, as the lot line separating Lot 1 and 2 no longer runs in front of the structure on Lot No. 2; and it separates · them in case there was any neighbor who wanted to put a fence between the two of them, it would not be in front of the other one's house. That is why I changed the lot line between No. 1 and No. 2, and on Lot Line No. 3 we had 45 feet of frontage that fanned out to 50 feet in the back, and that was, the intention of that was for the same intent, the separation between the wells and cesspool in anticipation of what the Suffolk County Health Department was going to do. At the time of the last hearing when we granted the variance, I did not have the map showing the surrounding cesspools and wells in the neighborhood. I have since gone around the neighborhood and discovered the wells and cesspools that would be within 150 feet ZBA Hearings 27 August 18, 1993 of this property; and working with the Suffolk County Health Department, we came up with the best location for the wells and cesspools on each one of the individual lots. They have given the approval based on this plan. This plan does not alter the well and cesspool locations as you see them here, as to what I have shown the Health Department. It is merely a juggling of the lot lines. THE CHAIRMAN: Two quick questions. You are still removing the one-story frame house on Lot No. 3? C & MR. McCARTHY: THE CHAIRMAN: R's on this? MR. McCARTHY: THE CHAIRMAN: 'MR. McCARTHY: Correct. Secondly, are you placing any specific With regard to-- Fences or -- Have you thought about it? To be honest with you, no, I haven't gotten to that point yet, THE CHAIRMAN: McCarthy? Bob? MEMBER VILLA: Review now? MR. McCARTHY: but it is certainly a consideration. Does anybody have any questions of Mr. Do you have approval from the Board of Yes, I got a variance from the Board of Review and await the stamped plans when I get the well covenants back to them in the form that they need. Then get the stamp from them. I will ZBA Hearings 28 August 18, 1993 think it the lines MEMBER DOYEN: I don't have any objection to it. I certainly adds to the subdivision to straighten out a little bit more, particularly on Lot No. 3. MR. McCARTHY: Yes, I could have gone forward with it the way it was, but I felt that, you know, if we have an effort to straighten, if we have that opportunity in front of us to straighten that out and make it a little bit better for the neighborhood and conform to everything else ~hat is going on. It was a little bit more costly to get the maps redrawn and the fees to reapply in front of you; but I think it is better for the project. THE CHAIRMAN: Again, in the light of the fact that you have done a substantial amount of work on this and we have, ialthough the work was yours in the last year, with the Board of 'Review and so on and so forth, as long as the Board will go along with the original conditions, I will make a motion granting it, again, with those original conditions. And the main condition is that the house be removed on the road side of Lot No. 3; and the other ones that we mentioned. I offer that as a resolution. (Seconded and carried; see Board Clerk's Minutes.) MR. McCARTHY: Thank you. THE CHAIRMAN: Have a .good evening. PLANNING BOARD MEMBERS Richard G. Wa~I. Chairman George Rltehie Latham. ,Jr. Hennet~ Orlowskl, dr. Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significantii\\ September 13, 1993 SCOqT L. HARPJS Superv/sor Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516) 765 - 1823 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: SCTM#-. Minor subdivision for Thomas J. McCarthy 1000-117-7-8 Location: SEQR Status: Northeast corner of King Street and Fourth St. in New Suffolk Type I ( ) Unlisted ( X ) Conditioned Neqative Declaration: Yes ( ) No ( X ) Description of Action: Minor subdivision of 0.42 acre parcel into 3 have existing dwellings. lots. Ail lots Page 2 SEQRA Negative Declaration - Thomas J. McCarthy September 13, 1993 Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed, and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. The project calls for a reduction of the existing density. In addition, the lots are consistent with the area. The site does not contain any unique natural or human environmental resources. The Planning Board has not received correspondence from the Department of Health Services in the allotted time. Therefore, it is assumed that there are not comments or objections from that agency. The Planning Board has not received correspondence from the New York State Department of Environmental Conservation in the allotted time. Therefore, it is assumed that there are no comments or objections from that agency. For Further Information: Contact Person: Melissa Spiro Address: Planning Board Telephone Number: (516) 765-1938 CC: Suffolk County Department of Health Services Thomas.Jorling, DEC Commissioner Judith Terry, Town Clerk Board of Appeals Applicant APPEALS BOARD MElViBERS Gerard P. Geehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robart A. Villa Richard C. Wiltnn Telephone (516) 765-1809 BOARD OFAPPEALS TOVFNOFSOUTHOLD 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 Appl. No. 4185. Upon Application of THOMAS J. McCARTHY (Contract Vendee). Current Owners: Frank Majeski and others. This is an appeal for a Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3 for permission to modify area of proposed substandard lots (prior Appeal No. 4100 rendered June 30, 1992), each with a preexisting dwelling. Location of Property: 1270 Fourth Street and 305 King Street, New Suffolk, NY; County Tax Map Parcel No. 1000-117-7-8. WHEREAS, a public hearing was held on August 18, 1993, at which time the applicant and persons who desired to be heard were heard and their testimony recorded (see verbatim transcript prepared under separate cover); and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present R-40 residential zoning, and the surrounding residential area; and WHEREAS, the Board made the following Findings of Fact: 1. This is an application for a variance due to the re-adjustment of lot line between Lot 1 and Lot 2, and westerly lot line of Lot 3, as shown on the map prepared by Joseph A. Ingegno, Land Surveyor, dated July 28, 1993. 2. Each of the lots shown are substandard in size and are requested to be re-adjusted as follows: (a) Lot 1 of 4,219.37 sq. ft. instead of 6,090+- sq. ft. (b) Lot 2 of 6,783.06 sq. ft. instead of 5,340± sq. ft. (c) Lot 3 of 7,301.23 instead of 6,9?5± square feet. (d) Lot 1 of 45.64 ft. frontage along Fourth Street and 100.00 ft. frontage along King Street; APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wil~on Telephone (516) 765-1809 BOAIIDOFAPPEALS TOWN OFSOUTHOLD August 23, 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. Thomas J. McCarthy P.O. Box 62 Mattituck, NY 11952 Re: Appl. No. 4185 - Variance for Readjustment of Lot Area Reductions Dear Mr. McCarthy: Enclosed please find a copy of the findings and determination rendered by the Board of Appeals concerning your application for a variance (based upon the July 29, 1993 Notice of Disapproval from the Building Inspector). Please be sure to return to the Building Inspector (and any other agency which may have jurisdiction) for issuance of final permits and approvals before commencing construction activities. We have furnished copies of this approval to the Building Department for their update and permanent recordkeeping concerning the issuance of their Notice of Disapproval. Also, since this project is located at or near 500 feet of the creek shoreline, a copy of this file has been transmitted to the Suffolk County Department of Planning in accordance with the rules and requirements of the Suffolk County Administrative Code pertaining to variance projects. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Building Department Suffolk County Department of Planning 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 August 31, 1993 SCOTTL. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. Thomas J. McCarthy P.O. Box 62 Mattituck, NY 11952 Re: Appl. No. 4185 ~ Variance for Lot Area Modifications Dear Tom: Please find attached for your records a copy of correspondence from the Suffolk County Department of Planning in response to our referral as provided under the Administrative Code of Suffolk County for projects located within 500 feet of a state or county highway, park, waterways or estuaries/firths, etc. You will note that the County has left this project for local (Town) determination. Very truly, yours, Linda Kowalski Enclosure DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ROBERT J. GAFFN£Y SUFFOLK COUNTY EXECUTIVE HAROLD J. WiTHER$, PH.D. DEPUTY DIRECTOR August 25, 1993 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) ~'- .--C~, Salvatore W------~. 4185 4189 Very truly yours, Harold A. Withers Deputy Director of Plamning GGN:mb S/s Gerald G. Newman Chief Planner PUBLIC hEARING BOARD OF ZONING APPEALS TOWN OF'SOUTHOLD August 18, 1993 (7:30 p.m. Hearings Commenced) P re s e n t : HON. GERARD P. GOEHRINGER, Chairman SERGE DOYEN, Member JAMES DINIZIO, JR., Member ROBERT A. VILLA, Member RICHARD C. WILTON, Member HARVEY A. ARNOFF, ESQ., Town Attorney LINDA KOWALSKI, Clerk-Assistant to Board ZBA Hearings 25 August 18, 1993 (Before the commencement of Application No. 4185, Harvey Arnoff, Esq., Town Attorney and Counsel to the ZBA, recused himself and did not participate in said hearing.) APPLICATION NO. 4185 - THOMAS J. McCARTHY (contract vendee). Current owners: Frank Majeski and others. Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3 for permission to modify area of proposed substandard lots (prior Appeal No. 4100 rendered June 30, 1992), each with a preexisting dwelling. .Location of Property: 1270 Fourth Street and 305 King Street, New Suffolk, NY; District t000, Section 117, Block 7, Lot 008. 8:02 p.m. (The Chairman opened the hearing and read the Legal Notice and appl£cation for the record.) THE CHAIRMAN: I have a map indicating the changes and which affect, I believe, Lot No. 1 and Lot No. 2 --and Lot No. 3 actually. They are all three lots, a minor change from the decision-- and a copy of Suffolk County Tax Map indicating thi~ and surrounding properties in the area. Mr. McCarthy, how are you? Appearance: Mr. McCARTHY: THE CHAIRMAN: want to tell us what you did from our original decision in Thomas J. McCarthy, Applicant pro se. Fine, thank you. Just briefly, for the Board, do you 19927 ZBA Hearings 26 August 18, 1993 MR. McCARTHY: Well, the lot line that separates Lot No. 1 and Lot No. 2 specifically included the cesspool covers . that you see that are now located on Lot No. 2 in front of the house. That was part of Lot No. 1. The reason for doing that was those two cesspools service that structure on Lot No. 1; and as a result of applying to the Suffolk County Board of Health and getting approval from their Board of Review, one condition they are putting on this application i's that I install new wells and new septic systems, which doesn't make the lot line that-I had drawn on there to include the existing cesspools necessary anymore. It was kind of an awkward layout, so. this I feel is a better layout, as the lot line separating Lot 1 and 2 no longer runs in front of the structure on Lot No. 2; and it separates ' them in case there was any neighbor who wanted to put a fence between the two of them, it would not be in front of the other one's house. That is why I changed the lot line between No. 1 and No. 2, and on Lot Line No. 3 we had 45 feet of frontage that fanned out to 50 feet in the back, and that was, the intention of that was for the same intent, the separation between the wells and cesspool in anticipation of what the Suffolk County Health Department was going to do. At the time of the last hearing when we granted the variance, I did not have the map showing the surrounding cesspools and wells in the neighborhood. I have since gone around the neighborhood and discovered the wells and cesspools that would be within 150 feet ZBA Hearings 27 August 18, 1993 of this property; and working with the Suffolk County Health Department, we came up with the best location for the wells and cesspools on each one of the individual lots. They have given the approval based on this plan. This plan does'not alter the well and cesspool locations as you see them here, as to what I have shown the Health Department. It is merely a juggling of the lot lines. THE CHAIRMAN: Two quick questions. You are still removing the one-story.frame house on Lot No. 3? MR. McCARTHY: THE CHAIRMAN: C & R's on this? MR. McCARTHY: THE CHAIRMAN: MR. McCARTHY: Correct. Secondly, are you placing any specific With regard to-- Fences or -- Have you thought about it? To be honest with you, no, I haven't gotten to that point yet, THE CHAIRMAN: McCarthy? Bob? MEMBER VILLA: Review now? but it is certainly a consideration. Does anybody have any questions of Mrs. Do you have approval from the Board of MR. McCARTHY: Yes, I got a variance from the Review and await the stamped plans when I get the well covenants back to them in the get the stamp from them. Board of form that they need. Then I will ZBA Hearings 28 August 18, 1993 MEMBER DOYEN: I don't have any objection to it. I think it certainly adds to the subdivision to straighten out the lines a little blt more, particularly on Lot No. 3. MR. McCARTHY: Yes, I could have gone forward with it the way it was, but I felt that, you know, if we have an effort to straighten, if we have that opportunity in front of us to straighten that out and make it a little bit better for the neighborhood and conform to everything else t'hat is going on. It was a little bit more costly to get the maps redrawn and the fees to reapply in front of you; but I think it is better for the project. THE CHAIRMAN: Again, in the light of the fact that you have done a substantial amount of work on this and we have, although the work was yours in the last year, with the Board of Review and so on and so forth, as long as the Board will go along with the original conditions, I will make a motion granting it, again, with those original conditions. And the main condition is that the house be removed on the road side of Lot No. 3; and the other ones that we mentioned. I offer that as a resolution. (Seconded and carried; see Board Clerk's Minutes.) MR. McCARTHY: Thank you. THE CHAIRMAN: Have a ·good evening. APPEALS BOARD MEMBERS Gerard P. Goehrmger, Chairman · Serge Doyen, Jr. James Dirdzio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 July 29, 1993 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4185 Project/Applicants: County Tax Map No. Location of Project: Thomas d. McCarthy 1000- 117-7-8 1270 Fourth St. & 305 King St., New Suffolk, NY Relief Requested/Jurisdiction Before This Board in this Project: Permission to modify area of proposed substandard lots (prior Appeal No. 4100 rendered June 30, 1992), each with a preexisting dwelling This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law ~44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13{a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. copy placed in ZBA project file for record purposes. mc JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER 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: SOUTHOLD TOWN ZONING BOARD OF APPEALS JUDITH T. TERRY. SOUTHOLD TOWN CLERK ZONING APPEAL NO. 4185 THOMAS J. MCCARTHY FOR PAUL MAJESKI DATED: July 29, 1993 Transmitted is application for variance submitted by THOMAS J. MCCARTHY FOR PAUL MAJESKI together with Southold Town Building Department Notice of Disapproval, map of area as proposed, Southold Town Building Departmnet Appliction for Building Permit, Questionnaire for filing with ZBA Application, Short Environmental Assesment Form,Southold Town Building Department Pre-Existing Certificate of Occupancy, Notice to Adjacent Property Owners, and map of proposed minor subdivision for Thomas McCarthy situated at New Suffolk, NY. PLANNING BOARD MEMBERS Richard G. Ward. Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Mark $. McDonald Kenneth L. F_xtwards Telephone (516} 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P. O. Box 1179 Southold. New York 11971 Fax (516) 765 - 1823 RE: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: Requested Action: SEQRA Classification: ( ) Type I (~) Unlisted Contact Person: (516)-765-1938 The lead agency will determine the need for an environmental impact statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: (~) This agency wishes to assume lead agency status for ( ) this action. This agency has n~ objection to your agency assuming lead agency status for this action. ) Other. ( See co~men~~ . Comments: lease feel free to contact this office fo~r fur~h'~r inform'etlon. Sincerely, cc: ~Board of Appeals ........ ~ Department Southold Town Board ~Suffolk County Dept. of Health Services mNYSDEC - Stony Brook NYSDEC - Albany L~S. ~r Corp * Maps are enclosed for your review Coordinating agencies '' Richard G. Ward Chairman (218'7)--7c 617.21 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM SEQR Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable, tt is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is id(;ntified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions Identify the Portions of EAF completed for this project: [] Part 1 [:3 Part 2 r-IPart 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: [] A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. [] B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* [] C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. * A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) Date PART 1--PROJECT INFORMI N Prepared by Project Sponsor ,, NOTICE: This document is designed to assist in determining whether the action proposed may have a significant on the environment· Please complete the entire form, Parts A through E. Answers to these quest ons will be considered as part of the application for approval and may be subiect to further verification and public review. Provide any addit ona~ you believe will be needed to complete Parts 2 and 3.· information It is expected that completion of the full EAF wiJl be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such ~dditional work is unavailable, so indicate and specify each instance. NAME OF ACTION ~LOCATJON OF ACTION (Include Street Address. Municipality and County) -NAME OF APPLICANT/~PONSOR ADDRE~8 ~AME OF OWNER (11 different) ACTION BUSINESS Please Complete Each Question-Indicate N.A. if not applicable A. Site Description PbysicaJ setting of overall project, both des'eloped and undeveloped areas. 1. Present land use: I-1Urban I-Ilndustrial l-]Commercial II'Residential (suburban) F'lRural (non-farm) []Forest [-rAgriculture []Other 2. Total acreage of project area: -- ~ ¢°~(~' acres. APPROXIMATE ACREAGE -- Meadow or Brushland (Non-agricultural) PRESENTLY AFTER COMPLETION Forested - _ acres Agricultural (Includes orchards, cropland, pasture, etc.) --_ acres acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres Water Surface Area acres Unvegetated (Rock, earth or fill) acres __ acres Roads, buildings and other paved surfaces acres acres Other (Indicate type)__ acres 3. What is predominant soil type(s) on project s re? acres a. Soil dra nage: I~Well drained __ f'~Y~_ % of site E3Moderately well drained % of site ~]Poorly drained % of site -- b. If any agricultural land is invo ved,,how many acres of soil Land C/asq~;,-~ c , · ~U,'I are classified within soil group1 through4of theNYS~ 4. Are ........... ystem~ _./Lz/~.~ acres. (See 1 NYCRR 370) there bedrock outcroppings on proie~t site? a. What is depth to bedrock, /~"/~--~ [Yes ¢~'No · -- · (in feet) ~,proximate percentage of project site with slopes: [0-10% I~10-15% % [15% or greater % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? I~Yes 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? []Yes ,j~No 8, What is the depth of the water table? ~ i (in feet) 9. Is site located over a primary, principal, or sole source aquifer? r~Yes 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ~'es [No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered~ [Yes eNo According to j) [ S L; iqC ~_.. i'~ ~ ~ ¢, ~C i'c;;,J ' Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) [-Wes J~No Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? I--lYes I~No If yes, explain 14. Does the present site include scenic views known to be important to the community? [Yes [~o , 15. Streams within or contiguous to project area: ,/~]/j~ a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas ~ltl? or contiguous to project area: a. Name ' b. Size (In acres) 17. Is the site served by existing public utdities? ,J~Yes r~No ~/~-'~04d~ ~'~:1~.~c~,¢') a) If Yes, does sufficient capacity exist to allow connection? [~Yes nNo b) If Yes, will improvements be necessary to allow connection? [~Yes /~No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? [Yes ,J~No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 [Yes [~No 20. Has the site ever been used for the disposal of solid or hazardous wastes? ~lYes ,~No B. Project Description " 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor ~ b. Project acreage to be developed: I i~c;~'' acres initially; ~ ~/.~, c. Project acreage to remain undev(~!oped O acres. d. Length of project, in miles: ~ /~/~)l' (If appropriate) e. If the proiect is an expansion, indicate percent of expansion proposed f. Number of off-street parking spaces existing j /bl/~¢~ ; proposed i/,J/~ g. Maximum vehicular trips generated per hour _ h. If residentiah Number and type of housing units: One Family Two Family Multiple Family Initially __ C Ultimately i. Dimensions (in feet) of largest proposed structure height; width; j. Linear feet of frontage along a public thoroughfare proiect will occupy is? 3 acres. acres ultimately. %; (upon completion of proiect)? Condominium 4. How much natural material (i.~il~,ock, earth, etc.) will be removed from I~s,t~,~ 3. Will disturbed areas be recl ~? []Yes []No /~/A a. If yes, for what inter purpose is the site being reclaimed? ~ b. Will topsoil be stockpiled for reclamat on? [:]Yes []No c. Will upper subsoil be stockpiled for reclamation? []Yes I-1No 4. How many acres of vegetation (trees, shrubs, ground COvers) will be removed from s re? 5. Will any mature forest (Over 100 years old) or Other locally-important vegetation be removed by this prole¢.tt []Yes ,~o 6. If single phase project: Anticipated period of construction 7. If multi-phased: a. Total number of phases anticipated _ __ (number). b. Anticipated date of COmmencement phase 1 c. Approximate Completion date of final phase __ d. Is phase 1 functionally dependent on subsequent phasesl 8. Will blasting occur during construction? []Yes ~No 9. Number of jobs generated: during construction __~ __ 10. Number of iobs eliminated by this project_ ~ 11. Will proiect require relocation of any projects or facilities? months, (including demolition). 12. Is surface liquid waste disposal involved? ~]Yes month ---- year, (including demolition). -- -- month _ year. []Yes []No -- ; after Project is complete F-lYes /~No If yes, explain _ 13. 14. 15. a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged _ Is subsurface liquid waste disposal involved? ,~Yes []No Type ~l~ Will surface area of an existing water body increase or decrease by proposal? []Yes J~No Explain Is project or any portion of project located in a 100 year flood pain? []Yes ~No 16. Will the project generate solid waste? ~Yes a. If yes, what is the amount per month -- tons b. If yes, will an existing solid waste facility be used? []Yes fqNo c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? e. If Yes, explain [:]Yes [~No 17. Will the project involve the disposal of solid waste? a. If yes, what is the anticipated rate of disposal? . b. If yes, what is the anticipated site ife~ []Yes /~No -- ~ tons/month. years. 18. Will project use herbicides or pesticides? []Yes /~'No 19. Will proiect routinely prdduce odors (more than one hour per day)? []Yes 20. Will project produce operating noise exceeding the local ambient noise levels? ~Yes 21. Will project result in an increase in energy use? [:]Yes ,,~No If yes , indicate type(s) 22. If water supply is from wells, indicate pumping capacity. ~ --gallons/minute. 23. Total anticipated water usage per day _ -- - gallons/day. 24. Does project involve Local, State or Federal Funding? []Yes If Yes, explain 4 ,~e~.~,~.~. Appi~va s Required: City, Town, Village Board City, Town, Village Planning Board City, Town Zoning Board City, County Health Department Other Local Agencies Other Regional Agencies State Agencies Federal Agencies [:]Yes I-INo  Yes U]No Yes FINo ~Yes [:]No [:]Yes rqNo I-Wes [~No E]Yes [~No [=]Yes [:]No Submittal Date C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? ¢~-Yes [:]No · If Yes, indicate decision required: E]zoning amendment ~i[zoning variance I-lspeciaJ use permit ~]subdivision ~}site plan ~lnew/revision of master plan ~resource management plan ~other 2. What is the zoning classification(s)of the site? 3. What is the maximum potential development of ~he site if developed as permitted by the present zoning? 4. What is the proposed zoning of the site? ~ ~(¢~ 5. What is the maximum potential~ development of the site if developed as~permitted by the proposed zoning? 6. Is the proposed action consistent with the recommended uses in adopted Ioca and use plans~ ~es , ~o 7. What are the predominant land use(s) and zo~ng classifications within a *~ mile radius of proposed ~ct~on? K 8. Is the proposed action compatible with adjoining/surrounding land uses within a % mile? ~es ~No 9. If the proposed action is the subdivision of land, how many lots are proposed? ~'~ a. What is the minimum lot size proposed? ~. ~. ~ ~ ' 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ~Yes ~o 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? ~Yes a. If yes, is existing capacity sufficient to handle projected demand? ~Yes ~No 12. Will the proposed action result in the generation of traffic significantly above present levels? ~Yes a. If yes, is the existing road network adequate to handle the additional traffic? ~Yes ~No D. In[ormaIional Details Attach any additional information as ma~ be needed to clarify your project. If there are or may be any adverse .impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. C E. Verification I certify that the information,~)rovide,d, above is true to the best of my knowledge. Applicant/Sponsor Name.,~/~(~]'l,t~.-~- /1/[c~d t~e~V Date =27-73 If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form beiore proceeding with this assessmenl. 5 Part 2-- ~qOJECT IMPACTS AND THEIR GNITUI~E Responsibility of Lead Agency General Information (Read Carefullyl · In completing the form the reviewer should be guided by the question: Have my responses and determinations bcen reasonable? The reviewer is not expected to be an expert environmental analyst. · Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. · The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. · The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. · The number of examples per question does not indicate the importance of each question. · In identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. If reviewer has doubt about size of the impact then consider the impact as potentially large, and proceed to PART 3. e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. IMPACT ON LAND 1. Will the proposed action result in a physical change to the proiect site? [~NO I~YES Examples that would apply to column 2 · Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 10%. · Construction on land where the depth to the water table is less than 3 feet. · Construction of paved parking area for 1,000 or more vehicles. · Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. · Construction.that will c~ntinue for more than 1 year or involve more than one phase or stage. · Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil) per year. · Construction or expansion of a sanitary landfilh · Construction in a designated floodway. · Other impacts 2. Will there be an effect tr....~y unique or unusual land forms found on the s re? (i.e., cliffs, dunes, geological formations,, etc.)[]NO ~]YES · Specific land forms: 6 1 2 I 3 Small to Potentia Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] []Yes [No [] [] [~]Yes [No [ [] []Yes []No [] [] []Yes []No [] ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~o ~ ~ ~Yes ~No ~ ~ ~Yes ~No Gerard P. Goehringer, Chairman Charles G rigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 July 9, 1992 Mr. Thomas McCarthy McCarthy Management P.O. Box 1266 Southold, NY 11971 Re: Appl. No. 4100 - (Area Variance Application) Dear Mr. McCarthy: Please find attached a copy determination rendered at our concerning the above application. of the Board's findings and June 30, 1992 Regular Meeting It will be necessary for the applicant to return to the Building Inspector and any other agencies which may have jurisdiction on this project for issuance of appropriate permits. Copies of this determination have been forwarded to the Planning Board and Building Department (and the Suffolk County Department of Planning pursuant to the Administrative Code of Suffolk County which governs projects within 500 feet of the sounds, creeks, estuaries, county lands, etc.). Very truly yours, Linda Kowalski Enclosures Copies of Decision to: Southold Town Building Departmentj Southold Town Planning Board/ Suffolk County Department of Planning APPEALS BOARD MEMBERS ../' Gerard P. Goehringer, Chairman // Charles Grigonis, Jr. ~ Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS SCOWF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4100. Upon Application of THOMAS j. MCCARTHY (Contract Vendee). Current Owners: Frank Majeski and others. This is an appeal for a Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3 for approval of insufficient lot area, width and depth of parcels proposed in this four-lot minor subdivision, each with a preexisting dwelling. Location of Property: 1270 Fourth Street and 305 King Street, New Suffolk, NY; County Tax Map Parcel No. 1000-117-7-8. WHEREAS, public hearings were held on May 7, 1992 and June 30, 1992, at which time the applicant and persons 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, Board Members have personally viewed and are familiar with the premises in question, its present R-40 residential zoning, and the surrounding residential area; and WHEREAS, the Board made the folloWing Findings of Fact: 1. This is an application for variances under the Southold Town Zoning Ordinance, Article IIIA, Section 100-30A.3 and Bulk Schedule as applies to the R-40 Low-Density Residential Zoning District. 2. The subject premises consists of a total lot area of 18,303.66 sq. ft. and is a corner lot as defined by Section 100-13 of the zoning code, with 84.98 ft. frontage along the north side of King Street and 109.80 ft. along the east side of Fourth Street, near the Hamlet of New Suffolk, Town of Southold. 3. The following historical information and facts Concerning the buildings and.land are noted for the record: /ision Rendered June 30, 1992 (a) Section 100-32A, Bulk and Area Schedule of this R-40 Zone District, provides for a minimum lot area of 40,000 sq. ft. per dwelling and 150 ft. lot width (frontage); (b) according to town assessment and building department records, the premises has preexisted the enactment of zoning (April 1957) with four separate dwelling structures. Specific information concerning the sizes, location and setbacks of the dwellings has been furnished on the survey prepared by Joseph A. Ingegno dated February 28, 1992, further noted below: (1) House #305 - 837 sq. ft.; one-story height; full kitchen/housekeeping unit with permanent heating unit for yearround occupancy; (2) House #1270 - 900+ sq. ft. at ground floor; building is at two-story height; full kitchen/housekeeping with heat for yearround occupancy; (3) Cottage at the northeast section of the premises - 504 sq. ft. (14 x 36), exclusive of 270 sq. ft. of attached garage and attached shed; (4) Cottage at the southeast section of the premises - 384 sq. ft. (12 x 32) exclusive of enclosed 68 sq. ft. front porch; one-story height; front yard setback at 9.5 feet; without a heating system per building inspection report of August 28, 1990. (c) the survey prepared February 28, 1992 by Joseph A. Ingegno shows separate cesspool systems for each dwelling structure as well as four separate well locations (approximate locations). (d) Certificate of Occupancy #Z-19433 for Preexisting Use and Buildings dated October 10, 1990 from the Town Building Inspector has been furnished for the record. 4. The relief sought by this application are variances for approval of Map/Plan 1, 2 or 3 (slightly different from each other). Plan 2 was chosen as the reference map. The details shown on Plan 2 are as follows: (a) Lot No. 1 - proposed total lot area of 4,113 ft. located at the most southwest corner of the premises (containing House #305}; SC[. /~ation of THOMAS J. McCARTHY ision Rendered June 30, 1992 (b) Lot No. 2 - proposed total lot area of 5,239 sq. ft. located at the northwest corner of the premises {containing House #1270}; (c) Lot No. 3 - proposed total area of 5,700.86 sq. ft. located at the northeast corner of the premises {containing a cottage with nonconforming livable floor area; (d) Lot No. 4 - proposed total area of 3,250.77 sq. ft. located at the southeast corner of the premises; (e) proposed lot width {frontage} of 62.36 feet along Fourth Street of proposed Lot No. 1; (f) proposed lot width of 47.44 feet along Fourth Street of proposed Lot No. 2, Plan 2. (g) proposed lot width of 15.00 feet along King Street for proposed Lot No. 3 {shown as a flag lot}; (h) proposed lot width of 50.02 feet along King Street for proposed Lot No. 4. 5. The Board members have considered the standards set forth for "area variances" and find as follows: (a) UNIQUENESS - the applicant has established unique physicial conditions peculiar to and inherent in the subject lot compared to lots in the neighborhood. All remaining seven lots within this same residential block consist of land sizes ranging from 2850 sq. ft. to 7592 sq. ft. {i.e., parcels identified on the County Map as Lots 5, 6, 7, 9, 10, 11, 12}. Each footprint of building area on these tracts range from 654 sq. ft. to 1642 sq. ft. The character of the area will clearly not be undesirably changed by the granting of this alternative variance. (b) PRACTICAL DIFFICULTIES - the applicant has shown that he would not be able to reasonably use, or aesthetically improve the subject buildings under the zoning restrictions without many variances. Virtually, any attempt to make substantial aesthetic improvements to buildings, as exist, would Come into conflict with the bulk schedule and provisions of the zoning ordinance as it relates to one nonconforming lot with multiple dwelling use nonconformities. The dwelling uses are allowed in this R-40 zone district, whether it be by of a legal, preexisting nature, or by placement of lot lines for separate ownership. The Board Members are not concerned with ownership of the houses -- however, it should be noted that conveyance of at least three of the existing houses for single and separate ownership on three separate lots would not be a disadvantage sion Rendered June 30, 1992 under these circumstances, and would provide opportunil affordable homes to three single families in the Town. (c) VALID PUBLIC PURPOSE - While it is true the percent. of relief in relation to the zoning requirements is substantial, the percentage of relief in relation to the existing nonconformities is not. Strict application of the zoning ordinance will not, in the Board's opinion, outweigh injury to the applicant and justice will be served by allowing a variance, for alternative relief and the minimum necessary to relieve the hardship. (d) OTHER FACTORS - The difficulty alleged was not self-created and the difficulty claimed may not be avoided by means other than a variance. In view of the manner in which the difficulties arose, and in considering all the above factors, the interests of justice will be served by granting alternative relief, as conditionally noted below, and will at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. (e) DENIAL OF FOURTH SUBSTANDARD LOT - It is the position of the Board that the fourth unit is "converted garage," more or less. The building is more of a garage type structure than a dwelling when viewing the structural parts and utility system. Permanent heat is questionnable. According to the inspection report of the building department, the building contains no heating system. The entire building is not more than 384 sq. ft., which is probably nothing more than a bathroom and living room. The "converted garage" is less than half the size requirements of the zoning code {850 sq. ft. minimum is required for dwelling occupancy}. Should this building be attempted to be brought into conformity with other state fire and construction codes, as well as the zoning size requirements, congestion would be created. The property will, in effect, be over-utilized with a fourth lot and the immediate neighborhood would be adversely affected. (f) NO PRECEDENT - it is the position of the Board that an alternative lot line layout for a maximum of three, instead of four lots as requested, would be more reasonable. A three-lot layout would not set a precedent since the lots would be of a size and shape similar to those generally existing in this immediate neighborhood. The applicant has been advised by Member Villa that the County Health Department may require a relocation of the cesspool and well systems in this subdivision project. The Town has no control over the rules and regulations of the Suffolk County Health Department. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was ~.ation of THOMAS J. McCARTHY ~~ /~on Rendered June 30, 1992 ~ . .RE~OLVED, to DENY the relief as requested for four substandard lots as shown on Survey Plans 1, 2 and 3, prepared by Joseph A. Ingegno dated February 28, 1992, and BE IT FURTHER RESOLVED, to GRANT alternative relief approving a reduced lot area, width and depth, for THREE PARCELS, SUBJECT TO THE FOLLOWING CONDITIONS AND NOTED AS FOLLOWS: 1. Parcel One, House #305 (Proposed Lot #1 as shown on Plan #2) - the southerly front property line commencing from the easterly line of Fourth Street shall be extended to the east 20 feet (84.98 + 15.00 + 5.0 feet) for a total length of 105 feet; the northerly property line shall also be extended, on an angle; this would permit an increase of between 900 and 700+- sq. ft. over the requested 4113.01 sq. ft., more or less; 2. Parcel Two, House #1270 (Proposed Lot #2 as shown on Plan #2) - the southerly side property line of this proposed lot, commencng from the easterly line of Fourth Street shall be extended to the east by an additional 3+- feet for a total length of 103+- feet (instead of 100.27 feet on a tie line); the lot area would be approximately 5,340 sq. ft.; 3. Parcel Three (combined old proposed Lots $3 and a portion of #4) - the lot width along King Street) shall be 45+- feet; the width at the rear of the premises 50.02 feet as shown; the lot depth 145+- feet; total lot area 6,975+- sq. ft. 4. The north-south lot division line separating Lot 3, from Lots 2 & 1, shall start at a point along King Street 45 feet from the most southeast concrete monument shown on the survey map and shall extend in a northerly direction approximately 110 feet to i~tersect with the nearest property line at the northerly perimeter of the property (see 90-degree corner angle opposite the "concrete slab" shown on Plan B attached for reference use, if needed). 5. A final map shall be prepared by the applicant for filing and acceptance with this Department. 6. Applications will be filed, processed and finalized with all other appropriate agencies of the Town and County before separating proposed Lots ~1, ~2, and ~3. 7. Only one single-family dwelling use shall be permitted for each of the three lots. Therefore, it will be necessary and a requirement of this determination is the front building on the proposed alternative Lot ~3 which consists of approximately 384 sqJ ft. (depth 32.3 feet and variable width 11.3 to 12.3 feet) shall be removed. Compliance with this condition must be confirmed within six (6) months after final approval of all Town ~tion of THOMAS J. McCARTHY /~ _ on~endered June 30, 1992 a~d County Agencies, or within six (6) title to the applicant herein. months of transfer of Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Dinizio and Villa. This resolution was duly adopted. lk GERARD GOEHRINGER, CHAIRMAN / --~' / RECEIVED AND FILED BY THE SOUTHOLD TOWN CLVBK Tcwn Clerk, Tc:vn oi Scuii:.ol~[ =: Page 6 - Notice of Warings Southold Town Board of Appeals Regular Meeting of August 18, 1993 Copies of Legal Notice Mr. and Mrs. Roy Berman Mr. Ed Williams (Builder) Mr. Russell Ireland, Jr., to the following 8/2/93: Box 10, East Norwich, NY 11732 Mr. Salvatore W. CAmpo, 1530 Clearview Avenue, Southold 11971 Mr. Thomas J. McCarthy, Box 62, Mattituck, 11952 Peter S. Danowski, Jr., Esq., Box 779, Riverhead 11901 a/c: John Andresen and others John M. Wagner, Esq., Box 279, Riverhead 11901 a/c: Charles Lewis Thomas 3. McCarthy Box 62 Mattituck, NY 11952 298-5815 Zoning Board of Appeals Town Hall $outhold, NY 11971 Att: Mr Goehringer, Chairman July 3~, 1993 Dear Mr. Goehringer, Please consider this as an update to my pro3ect in New Suffolk since my application. As you are well aware, your Board approved a three lot subdivision, by granting me alternative relief from my original application of four lots. The lot lines were configuYed in such a manner to include septic systems within the boundaries of each particular lot with the dwelling that they served. This layout would be functional, although not. the most desirable given the existing conditions. After receiving approval from Your Board, I then applied to the Suffolk County Health Department for their approval. As is the matter of course in these situations, I was denied and had to apply to the Board of Review. I received approval from the Board for three lots, however they imposed certain conditions. These were that I had to install new wells and new septic systems. I submitted to SCHD a radius map showing all of the surrounding wells, septic systems and their relationship to my site. I then proposed a new layout for the wells and septic systems on these three individual lots. The County is in agreement with the layouts and will stamp my plan as soon as I file my well covenants. This brings me to the reason why I am back in front of Your Board. Since I reconfigured the underground structures and they are acceptable to the County, there is no longer a need for the irregular lot lines. I was able to include what was necessary according to their standards, and keep it within the boundaries of what a regular lot could look like in the Village of New Suffolk. In my opinion the opportunity is present to create these lots in more of a conforming nature to the surrounding community, and still operate within the parameters of all of the involved agencies. It certainly would be cheaper and faster for me to proceed with the lots according to the original layout and variance, however I am striving to create something that is esthetically pleasing, functional, and economically viable. At this time I am asking for an alteration to my original plan that would help achieve these goals. The changes that I am requesting do not substantially change the variance that was granted originally, but has a very definite and positive effect on the project and the neighborhood as a whole. Thank you for your time and consideration, and please feel free to call me to discuss this matter. tim zbamaj2 lhomas J. ~cCarth¥ PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 TO: FROM: DATE: SUBJECT: PLANNING BOARD OFFICE TOWN OF SOUTHOLD Gerard P. Goehringer, Chairman Zoning Board of Appeals Richard G. Ward, Chairman Kd/o/n/ August 6, 1993 Minor Subdivision Thomas McCarthy SCTM# 1000-117-7-8 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 The Planning Board has received the application materials from Thomas McCarthy for a three (3) lot subdivision of the above mentioned property. As you know, the proposed layout, as shown on the map dated July 28, 1993, is slightly different from the layout described in your Board's June 30, 1992 decision. The Planning Board has no objection to the minor lot line adjustments resulting in the layout shown on the July 28, 1993 map. Please note that the application is scheduled for the Planning Board's August 9, 1993 meeting to start the lead agency coordination process and to make a sketch plan determination. 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 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: INTER-DEPARTMENTAL MEMORANDUM (X) Planning Board ( ) Building Department ( ) Town Trustees Board of Appeals July 30, 1993 Our Coordination Request for Comments-Preliminary Subdivision Proposal filed by Thomas McCarthy Property ID ~1000-117-07-008 at New Suffolk The applicant in the above project has confirmed with our office 'that he has met on a preliminary level with Planning Board Members and expects to file the above application with your office within the next few days. Since the application before this. Department concerns a request for an adjustment of the lot line different from the previous maps under review, we would like to provide you with an opportunity at this time to comment' On those elements which may affect the lot line layout under Chapter 106 (Subdivision Regulations.). You may note that the adjustment of the lot line does not create additional density. In the event you are not able to transmit your views in writing by August 17, 1993, please feel free to communicate directly either through our office or attendance by a planning staff member at the public hearing. Thank you. lk P.S. (The amended map on file with our office appears to be the same map left with you by Mr. McCarthy yesterday.) 10:00 GATZ ARNOFF & CZYGIER, ESQS. 5--" FpAMI~,I~MH,i'i!']i NAI,I:iBE'EJSLEP IU P. 02 PoSt-It" brand faX transmittal memo 7671 1 ,I p~. · ~o. ~ I ~ c~. Dear Mr. WiCk/%am: to the above ontitled matter, o~ain Board of ~e waive the raquire~ent:s cone&ming the consent at %he boric= of th~ copy of this =0 ~iS O£~ice in the enclosed envelope. Your continued Gooperation is very much appre=ia~ Very truly yours, Czyg The termz and oondition~ of ~ht Contract of Sale for purchaser ~o obtain final approval from ~i moard of Health. Da=ad: July ~5, 199] / : od jion ~o wa~er a~d the xtended foN k County NOTICE OF ~.UBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of $outhold, that the following public hearings will be held by :he SOUTHOLD TOWN BOARD OF APPEALS, at he Southold Town Hall, 33095 Main Road, Southold, Xiew York 11971~' ' on WEDNESDAY, AUGUST 18, 1993, commencing at the Jmes specified below: 1.7:32 p.m. Appl. No. 41800 lOAN AND ROY BERMAN. Continued from 7/22/93 neeting). Variance for expan- ,ion of accessory stomge- ~arage building which was 'ecently altered under Permit 'qo. 20895 issued 8/18/92 and vhich addition will be in ex- ess of 20% lot coverage imitation for all buildings. 'roperty Location: 520 Rabbit ane, East Marion, NY; Parcel qO. 1000-31-18-11. This pro- ,erty is nonconforming at a ize of 2614± sq. ft. 2. 7:35 p.m. Appl. No. 4188- ~.USSELL IRELAND, JR. or a Variance to the Zoning )rdinance, Article XXIII,I ;ection 100-239.4B for per- aission to construct open valkway between the ,ulkhead and the existing !eck addition at the rear of he dwelling, which deck was equired to be modified under Xppeal No. 4163 on May 11, 993 with a 15-ft. setback rom the bulkhead rather than 'as built." Location of Pro- )erty: 5400 Great Peconic Bay Ioulevard, Laurel, N.Y.; )istrict 1000, Section 128, ~lock 2, Lot 12. This parcel ontains a total area of 43,402 q. ft. and is located in the ~.-40 Low-Density Residential ~one District. 3.7:40 p.m. Appl. No 4189- ALVATORE W. CAMPO for Variance to the Zoning Or- inance, Article III-A, Section 90-30A.3 for permission to instruct addition to dwelling ith an insufficient (front ard) setback from Landing ath Road (unimproved). This arcel has two front yard teas, contains a total area of 5,175 sq. ft., 100 ft. frontage long the south side of Clear- iew Avenue and 251.75 feet ~ong the westerly side of Landing Path proved), Southolc~lgY; Coun- ty Tax Map District, SectionI 70, Block 09, LOt 53. ~4. ?:~l~a. Appl. No. 4185- THOMAS J. McCARTHY (Contract vendee). Current owners: Frank Majeski and others. Variance to the Zoning Ordinance, Article III-A, Sec- tion 100-30A.3 for permission to modify area of proposed substandard lots (prior Appeal No. 4100 rendered June 30, i992), each wtm a preexisting dwelling. Location of Proper- ty: 1270 Fourth Street and 305 King Street, New Suffolk, N~ District 1000, Section It7, Block 7, Lot 008. 5 & 6. 7:50 p.m. Applica- tions of JOHN E. AN- DRESEN and others as con- tract vendees (Current Owner: Thomas N. Anshutz, Jr.) con- cerning premises known as 1625 Main Road and Franklinville Road West, Laurel, NY; District 1000, Sec- tion 127, Block 2, LOt 5.1 con- raining 59,984 sq. ft. in this L-- R-80 Residential Zone District, for: A) AppL No. 418~- Varianc~ to the Zoning .Ordinance, Ar- tide III, Section 100-32, Bulk Schedule, for permission to locate principal building with a reduced setback from the southerly (front) property line along the Main Road (S.R. 25); and B) Appl. No. 4187- Special Exception for permission to establish nse of propose~ building for veterinarian of- rice and animal hospital use in accordance with Article III,I Section 100030B(1) of the Zon- ing Ordinance 7. 8:00 p.m. AppL No. 4184- CHARLES H. LEWIS for a Variance as provided by New York Town Law, Section 2800A requesting acceptance of minimum improvements within a private right-of-way for safe and sufficient access by emergency, fire and other vehicles to: Lot No. 1, as modified, with its proposed access over a right-of-way extending from the westerly side of Lighthouse Road, Southold, NY, over premises now or formerly of Pantel, referred to as Parcel No. 1000-50-3-3.4, and over premises now or formerly of Suffolk County, known as Parcel No. I~-~-~-~ 1. COUNTY OF SUFFOLK STATE OF NEW YORK SS: Patricia Wood,' being duly sworn, says that she is the Editor, 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, has been published in s;li(I I.ong Island Traveler-Walchmm~ .)ncc each week for . .................. su¢¢ess}¥ct¥, commencing on the ..................... ...... Sworn to before me this ..................... :~ ', ............ , 'l 9 Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York No. 4806846 Qualified in Sulfolk County Commission Expires Lot No 2, as modified, with its proposed access over a right-of-way extending from the northerly side of Sound View Avenue, Southold, NY, m a northerly direction over premises now or formerly of Regan, Lindermayer, Stanley, Kudinka and/or Garcia and Sileo, referred to as Parcels No. 1000-5003-16, 7, 8, 23, 9 and/or 19.1. The property to which this application is re- quested for access and stan- dards sufficient for :mergen- ey vehicles is shown as Parcels No. 1000-50-3-14, 15, and 16 for a total combined area of 2.2612 acres, and which is pending before the Southold Town Planning Board for re- division into two lots. The Board of Appeals will ' at said time and place hear any and all persons or represen- tatives desiring to be heard in the above matters. Written comments may also be sub- mitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review the files or need to request more informa- tion. please call 765-1809 or visit our office. Dated: August 2, 1993 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD E GOEHRINGER ~. CHAIRMAN By: Linda Kowalski IX-8/5/93(16) 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 SCOTT L. HARB/S Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 August 2, 1993 TO WHOM IT MAY CONCERN: Enclosed with this letter is a copy of the Legal Notice, as published in the Town's official newspaper (Long Island Traveler-Watchman, Inc. located in Southold, NY). The Legal Notice outlines a generalized description of the relief or use requested in your application, the location of the property, and .the time, date and place of the public hearing. Please have someone appear in your behalf at the time specified in the event there are questions (and to prevent a delay'in finalizing your application). Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. · .If your presentation is lengthy, a draft or final written copy is always appreciated. ~ I~ the event you wish to amend your application to include other relief'and other sections, of the Code to be considered, you must file separate application forms, obtain a new Notice of Disapproval from the Building Inspector, and submit the additional filing fee.. You must notify our office prior to the advertising of the present application for the amendments. Once the application has been advertised, a separate application would be then be required for additional relief. Please feel free to call our office if you have any questions or wish to update your file prior to the hearing date. Yours very truly, Linda KoWalski Enclosure 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 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 Pursuant to Article XIV of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning C~L,~tission: Variance fffom the Zoning Code, Article III-A , Section 100-30A.3 Variance from Determination of Southold Town Building Inspector ~Special Exception, Article , Section __Special Permit Appeal No: 4185 Applicant: THOMAS J. McCARTHY (contract vendee). Location of Affected Land: 1270 4th St. & 305 King St., New Suffolk, NY County Tax Map Item No.: 1000-117-7-008 Within 500 feet of: 'X X __'Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant __Within One Mile of an Airport Comments: Applicant is requesting permission.to modify area of proposed substandard lots (prior Appeal.#4100 rendered 6/30/92), each with a preexisting dwelling. ~Opies of Town file and related documents enclosed for your review. Dated: August ~, 1993 . FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY No Z-19433 Date OCTOBER 10{ 1990 THIS CERTIFIES that the building (4} ONE FAMILY DW~TJ~INGS Location of Property 1270 FOURTH ST. & 305 KING ST. NEW SUFFOLKr N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 117 Block 7 Lot 8 Subdivision Filed Map No. Lot No. conforms substantially to the requirements for Private One Family dwellings built prior to: APRIL 9~ 1957 pursuant to which CERTIFICATE OF OCC. #Z-19433 dated OCTOBER 10r 1990 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is FOUR (4) ONE FAMILY DW~T.LINGS * The certificate is issued to FRANK MAJESKI & ORS. (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL UNDERWRITERS CERTIFICATE NO. PLUMBERS CERTIFICATION DATED *PLEASE SEE ATTACHED INSPECTION REPORTS. // Rev. 1/81 N/A Building Inspector QUEST!C~AIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of ~ the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separatesheet may be attached.) , ~ ~ ' B. Is th~ s~jec~ ~remises Ifste~ on the real es~a~e mar~e~ ~or . s~e or being sho~ to prospective buyers? { } Yes { } Yes ~'} No D. 1. Are there any areas which contain wetland grasses? 2. Are the wetland area~ i~awn on the map s~mitted with this application? 3. Is the property bul~eaaed helen the wetlands area and the upland building area? 4. If your property contains wetlands or pond areas, have you contacted the Office of the T~ Trustees for its dete~ination of jurisdiction? . E. Is there a depression or sloping elevation near the area of progosed q~truction at or below five feet above mean sea level? ~/~ (If not applic~le, state "N.A.") F. Are th~ any patios, concrete barriers, bnlkheads or fe~ which e~t ~not ~h~ ~ ~e survey map that you ~ s~mitting? ~ If none exist, please state "none." G. Do you have any construction taking place at this time concernin~ your premises? ~0 If yes, please submit a copy of your building pe~it and map as approved by the Building Depar~ent. If none, please state. H. Do you ~ any Co-owner also own other land close to this parcel? ~ If yes, please explain where or submit copies of deeds. ' I. Please list ~Lesent use or ap~enations conducted at this parcel -~ ~1~,~1~'55& U~ and Autnorize~ SignAture an~a~e 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Soul:hold. [Added 6-5-84 by L.L. }4'0. 6-1984] WETLAI'FDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- S5 b.v_[,, T..N'o. 6-198.5 ]: A. ~{DAL WETLANDS: (I) Ali lands generally covered or intermittently cov- ered ~vith, or which border on. tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, flat~ or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, flat~ and tidal marsh subject to such tides and upon which grows or may grow some or any of the following, salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, ground~el, marshm-How ;md l~w (I) (3) All land immediately ndjacent tea tidal wetiand as defined in Subsection Al2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESHWATER WETLANDS: "Frcshxvater wetlands" as defined in Article 24. Ti- tle 1. § 2-1-0107. Subdivisions l(a) to l(d) inclusive. of the Environmental Conservation Law of the State of New York: and (2) All land immediately adjacent to a "freshwater wet- ]and." as defined in Subsection B(1) and lying w/th- in seventy-five (75) feet landward of the most lando ward cdge of a "freshwater wetland." 9705 z. ~-s. ~s 617.21 Appendix C State Envh'~nmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only FART I--FROJECT INFORMATION (To be completed by ApDlicant or Prelect sponsor) SEeR New [] ExPansion i/~.~OCllflc=t~o~)alter~tlon 8. WiLL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING I.~,NO USE RESTRICTIONS? esiaential ~ industrial ~ Commercial ~ Agriculture ~ Pat~ForesuO~e~ s~ace ~ Other DOES ACTION INVOLVE A PERMIT APPROVAl. OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY IFEDERAL STATT~E~OR LOCAl. i? ,, .:. ,,.t .o..=...,....o o.,,.,..op,o.i ~'d d-O 0 ~R t~ ~ I CERTIFY THAT TH INFORMATION PROVIDED ABOVE IS TRUE TO THE ~EST OF MY KNOWLEDGE Dale: L If the action is in the Coastal Area, and you are a state complete t~e agency, Coastal Assessment Form before proceeding wit~ this assessment OVER 1 (Continued on reverse side) Of The N'Y'S. Environmental Quality Review Act re u' (a) In order bo answer the question~ in this short EA~ it is assumed that the prepare.r will use currently available information Concerning the project and the likely impacts 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- (c) If all questions have been answered NO it is likely that the project is not significant. (d) Environmental Assessment Will project result in a large physical change to the project site or physically'alter more than 10 acres of land? 2. Will there be a major change to any unique or u~ual land form on the site? ___Yes 3. Will project alter or have a large effect on an exisUing body of water? 4. Will project have a potentially large impact on groundwauer quality? ___Yes ~ 5. Will project significantly effect drainage flow on adjacent sites? 6. Will project affect any threatened or endangered .~Yes -- plant or animal species? 7. Will project result in a major adverse effect on' air quality? 8. Will project have a major effect on visual char- known to be important to the community? . . Yes .... 9. Will project adversely impact any site or struct- ute of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? ___Yes 10. Will project have a m~jor effect on existing or future recreational opportunities? .___Yes 11. Will project result in major traffic problems or .__.~es No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb-. ante as a result of the project's operation? ~Yes 13. Will project have any impact on public health 14. Will project affect the existing community by ____Yes directly causing a growth in permanent pOpula- period or have a major negative effect on the charact~ of the community or neighborhood? QUESTIO~;AIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of ~he owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separat~ sheet ~ay be a~tach~d.} B. Is the s~jec~ premises ~i~e~ on the real es~a~e mar~e~ ~or : - s~e or being sho~ to prospective buyers? { } Yes C. Are ther~ =~ p~upoSal= tD~ange~ alter l~d .u~==~u? { } YeS ~'} No D. 1. Are there any areas which contain wetl~d grasses? 2. Are the wetl~d ~ea~%~own on the ma~ s~mitted with this application? ~t~ 3. Is the property bu~ea~ed be~en the wetlands area and the upland building area? 4. If your property contains wetlands or pond areas, have you contacted the Office of the T~ Trustees for its dete~ination of jurisdiction? . E. Is there a depression or sloping elevation near the area of proposed q~truction at or below five feet ~ove mean sea level? ~/~ (If not applic~le, state "N.A.") F. Are thee any patios, concrete barriers, bulkheads or fe~ which e~t ~not ~h~ ~ ~e survey map that 's~mitting? ~ If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? ~ O If yes ~leas~ --~-~ ...... oz your building pe~it and map as approved by the Building Depar~ent. If none, please state. H, Do you~q~ any co-owner also own other land close to this parcel? ~ If yes, please explain where or submit copies of deeds. -- I. Please parcel proposed use 3/87, 10/901k list ~esent use or op~e=ations conducted at this APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4100. Upon Application of THOMAS J. MCCARTHY (Contract Vendee). Current Owners: Frank Majeski and others. This is an appeal for a Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3 for approval of insufficient lot area, width and depth of parcels proposed in this four-lot minor subdivision, each with a preexisting dwelling. Location of Property: 1270 Fourth Street and 305 King Street, New Suffolk, NY; County Tax Map Parcel No. 1000-117-7-8. WHEREAS, public hearings were held on May 7, 1992 and June 30, 1992, at which time the applicant and persons 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, Board Members have personally viewed and are familiar with the premises in question, its present R-40 · residential zoning, and the surrounding residential area; and WHEREAS, the Board made the following Findings of Fact: 1. This is an'application for variances under the Southold Town Zoning Ordinance, Article IIIA, Section 100-30A.3 and Bulk Schedule as applies to the R-40 Low-Density Residential Zoning District. 2. The subject premises consists of a total lot area of 18,303.66 sq. ft. and is a corner lot as defined by Section 100-13 of the zoning code, with 84.98 ft. frontage along the n6rth side of King Street and 109.80'ft. along, the east side of Fourth Street, near the Hamlet of New Suffolk, Town of Southold. 3. The following historical information and facts concerning the buildings and land are noted for the record: P~ge 2 - Appl. No~" 100 Application of THOMAS J. McCARTHY Decision Rendered June 30, 1992 (a) Section 100-32A, Bulk and Area Schedule of this R-40 Zone District, provides for a minimum lot area of 40,000 sq. ft. per dwelling and 150 ft. lot width (frontage); (b) according to town assessment and building department records, the premises has preexisted the enactment of zoning (April 1957) with four separate dwelling structures. Specific information concerning the sizes, location and setbacks of the dwellings has been furnished on the survey prepared by Joseph A. Ingegno dated February 28, 1992, further noted below: (1) House #305 - 837 sq. ft.; one-story height; full kitchen/housekeeping unit with permanent heating unit for yearround occupancy; (2) House #1270 - 900+ sq. ft. at ground floor; building is at two-story height; full kitchen/housekeeping with heat for yearround occupancy; (3) Cottage at the northeast section of the premises - 504 sq. ft. (14 x 36), exclusive of 270 sq. ft. of attached garage and attached shed; (4) Cottage at the southeast section of the premises 384 sq. ft. (12 x 32) exclusive of enclosed 68 sq. ft. front porch; one-story · height; front yard setback at 9.5 feet; without a heating system per building inspection.report of August 28, 1990. (c) the survey prepared February 28, 1992 by Joseph A. Ingegno shows separate cesspool systems for each dwelling structure as well as four separate well locations (approximate locations). (d) Certificate of Occupancy #Z-19433 for Preexisting Use and Buildings dated October 10, 1990 from the Town Building Inspector has been furnished for the record. 4. The relief sought by this application are variances for approval of Map/Plan 1, 2 or 3 (slightly different from each other). Plan 2 was chosen as the reference map. The details shown on Plan 2 are as follows: (a) Lot No. 1 - proposed total lot area of 4,113 sq. ft. located at the most southwest corner of the premises {containing House #305}; P~ge 3 - Appi. No ~100 Application of THOI~AS J. McCARTHY Decision Rendered June 30, 1992 (b) Lot No. 2 - proposed total lot area of 5,239 sq. ft. located at the northwest corner of the premises {containing House ~1270}; (c) Lot No. 3 - proposed total area of 5,700.86 sq. ft. located at the northeast corner of the premises {containing a cottage with nonconforming livable floor area; (d) Lot No. 4 - proposed total area of 3,250.77 sq. ft. located at the southeast corner of the premises; (e) proposed lot width {frontage} of 62.36 feet along Fourth Street of proposed Lot No. 1; (f) proposed lot width of 41.44 feet along Fourth Street of proposed Lot No. 2, Plan 2. (g) proposed lot width of 15.00 feet along King Street for proposed Lot No. 3 {shown as a flag lot}; (h) proposed lot width of 50.02 feet along King Street for proposed Lot No. 4. 5. The Board members have considered the standards set forth for "area variances" and find as follows: (a) UNIQUENESS - the applicant has established unique physicial conditions peculiar to and inherent in the subject lot compared to lots in the neighborhood. All remaining seven lots within this same residential block consist of land sizes ranging from 2850 sq. ft. to 7592 sq. ft. {i.e., parcels identified on the County Map as Lots 5, 6, 7, 9, 10, ll, 12}. Each footprint of building area on these tracts range from 654 sq. ft. to 1642 sql ft. The character of the area will clearly not be undesirably changed by the granting of this alternative variance. (b) PRACTICAL DIFFICULTIES - the applicant has shown that he would not be able to reasonably use, or aesthetically improve the subject buildings under the zoning restrictions without many variances. Virtually, any attempt to make substantial aesthetic improvements to buildings, as exist, would come into conflict with the bulk schedule, and provisions of the zoning ordinance as it relates to one nonconforming lot with multiple dwelling use nonconformities. The dwelling uses are allowed in this R-40 zone district, whether it be by of a legal, preexisting nature, or by placement of lot lines for separate ownership. The Board Members are not concerned with ownership of the houses -- however, it should be noted that conveyance of at least three of the existing houses for single and separate ownership on three separate lots.would not be a disadvantage P~ge 4 - Appi. No~ ~100 Application of THOMAS J. McCARTHY Decision Rendered June 30, 1992 under these circumstances, and would provide opportunities for affordable homes to three single families in the Town. (c) VALID PUBLIC PURPOSE - While it is true the percentage of relief in relation to the zoning requirements is substantial, the percentage of relief in relation to the existing nonconformities is not. Strict application of'the zoning ordinance Will not, in the Board's opinion, outweigh injury to the applicant and justice will be served by allowing a variance, for alternative relief and the minimum necessary to relieve the hardship. (d') OTHER FACTORS - The difficulty alleged was not self-created and the difficulty claimed may not be avoided by means other than a variance. In view of the manner in which the difficulties arose, and in considering all the above factors, the interests of justice will be served by granting alternative relief, as conditionally noted below, and will at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. (e) DENIAL OF FOURTH SUBSTANDARD LOT - It is the position of the Board that the fourth unit is "converted garage," more or less. ' The building is more of a garage type structure than a dwelling when viewing the structural parts and utility system. Permanent heat is questionnable. According to the inspection report of the building department, the building contains no heating system. The entire building is not more than 384 sq. ft., which is probably nothing more than a bathroo~ and living room. The '!converted garage" is less than half the size requirements of the zoning code'{850 sq. ft. minimum is required for dwelling occupancy}. Should this building be attempted to be brought into conformity with other state fire and construction codes, as well as the zoning size requirements, congestion would be created. The property will, in effect, be over-utilized with a fourth lot and the immediate neighborhood would be adversely affected. (f) NO PRECEDENT - it is the position of the Board that an alternative lot line layout for ~a maximum of three, instead of four lots as requested, would be more reasonable. A three-lot layout would not set a precedent since the lots would be of a size and shape similar to those generally, existing in this immediate neighborhood. The applicant has been advised by Member Villa that the County Health Department may require a relocation of the cesspool and well systems in this subdivision project. The Town has no control over the rules and regulations of the Suffolk County Health Department. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was '"P~ge 5 - Appl. No~~ 100 Application of THOMAS J. McCARTHY Decision Rendered June 30, 1992 RESOLVED, to DENY the relief as requested for four substandard lots as shown on Survey Plans 1, 2 and 3, prepared by Joseph A. Ingegno dated February 28, 1992, and BE IT FURTHER RESOLVED, to GRANT alternative relief approving a reduced lot area, width and depth, for THREE PARCELS, SUBJECT TO THE FOLLOWING CONDITIONS AND NOTED AS FOLLOWS: 1. Parcel One, House #305 (Proposed Lot #1 as shown on Plan #2) the southerly front property line co~encing from the easterly line of Fourth Street shall be extended to the east 20 feet (84.98 + 15.00 + 5.0 feet) for a total length of 105 feet; the northerly property line shall also be extended, on an angle; this would permit an increase of between 900 and 700+- sq. ft. over the requested 4113.01 sq. ft., more or less; 2. Parcel Two, House #1270 (Proposed Lot #2 as shown on Plan ~2) the southerly side property line of this proposed lot, commencng from the easterly line of 'Fourth Street shall be extended to the east by an additional 3+- feet for a total length of 103+- feet (instead of 100.27 feet on a tie line); the lot area would be approximately 5,340 sq. ft.; 3~ Parcel Three (combined old proposed Lots #3 and a portion of #4) the lot width along King Street} shall be 45+- feet; the width at the rear of the premises 50.02 feet as shown; the lot depth 145+- feet; total lot area 6,975+- sq. ft. 4. The north-south!ot division line separating Lot 3, from Lots 2 &. 1, shall start at a point along King Street 45 feet from the most southeast concrete monument shown on the survey map and shall extend in a northerly direction approximately 110 feet to i~tersect with the nearest property line at the northerly perimeter of the property {see 90-degree corner angle opposite the "concrete slab" shown on Plan B attached for reference use, if needed}. 5. A final map shall be prepared by the applicant for filing and acceptance with this Department. 6. Applications will be filed, processed and finalized with all other appropriate agencies of the Town and County before separating proposed Lots 01, 02, and 03. 7. Only one single-family dwelling use shall be permitted for each of the three lots. Therefore, it will be necessary and a requirement of this determination is the front building on the proposed alternative Lot #3 which consists of approximately 384 sq. ft. (depth 32.3 feet and ~ariable width 11.3 to 12.3 feet) shall be removed. Compliance with this condition must be' confirmed within six (6) months after final approval of all Town Page 6 - Appl. No~' 100 Application of THOMAS J. McCARTHY Decision Rendered June 30, 1992 and County Agencies, or within six (6) months of transfer of title to the applicant herein. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Dinizio and Villa. This resolution was duly adopted. lk '00" E 100.27' ACT. 100' DEED rE.c~ o.,.,.- CESSPOOL ~ ..~[ FRAIO,£ HOUSE ~. J ~,.~' ~. '10" W 59..5' LOT ' f LOT 14O' 150.0C APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEAL~q SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4100. Upon Application of THOMAS J. MCCARTHY (Contract Vendee). Current Owners: Frank Majeski and others. This is an appeal for a Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3 for approval of insufficient lot area, width and depth of parcels proposed in this four-lot minor subdivision, each with a preexisting dwelling. Location of Property: 1270 Fourth Street and 305 King Street, New Suffolk, NY; County Tax Map Parcel No. 1000-117-7-8. WHEREAS, public hearings were held on May 7, 1992 and June 30, 1992, at which time the applicant and persons 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, Board. Members have personally viewed'and are familiar with the premises in q~estion, its present R-40 residential zoning, and the surrounding residential area; and WHEREAS, the Board made the following Findings of Fact: i. This is an application for variances under the Southold Town Zoning Ordinance, Article IIIA, Section 100-30A.3 and Bulk Schedule as applies to the R-40 Low-Density Residential Zoning District. 2. The subject premises consists of a total lot area of 18,303.66 sq. ft. and is a corner lot as defined by Section 100-13 of the zoning code, with 84.98 ft. frontage along the north side of King Street and 109.80 ft. along the east side of Fourth Street, near the Hamlet of New Suffolk, Town of Southold. 3. The following historical information and facts concerning the buildings and land are noted for the record: P~ge 2 - Appl. No~ 100 Application of THOMAS J. McCARTHY Decision Rendered June 30, 1992 (a) Section 100-32A, Bulk and Area Schedule of this R-40 Zone District, provides for a minimum lot area of 40,000 sq. ft. per dwelling and 150 ft. lot width (frontage); (b) according to town assessment and building department records, the premises has preexisted the enactment of zoning (April 1957) with four separate dwelling ~tructures. Specific information concerning the sizes, location and setbacks of the dwellings has been furnished on the survey prepared by Joseph A. Ingegno dated February 28, 1992, further noted below: (1) House #305 -'837 sq. ft.; one-story height; full kitchen/housekeeping unit with permanent heating unit for yearround occupancy; (2) House #1270 900+ sq. ft. at ground floor; building is at two-story height; full kitchen/housekeeping with heat for yearround occupancy; (3) Cottage at the northeast section of the premises - 504 sq. ft. (14 x 36), exclusive of 270 sq. ft. of attached garage and attached shed; (4) Cottage at the southeast section of the premises - 384 sq. ft. (12 x 32) exclusive of enclosed 68 sq. ft. front porch; one-story height; front yard setback at 9~5 feet; without a heating system per building inspection report of August 28, 1990. (c) the survey prepared February 28, 1992 by Joseph A. Ingegno shows separate cesspool systems for each dwelling structure as well as four separate well locations (approximate locations). (d) Certificate of Occupancy #Z-19433 for Preexisting Use and Buildings dated October 10, 1990 from the Town Building Inspector has been furnished.for the record. 4. The relief sought by this application are variances for approval of Map/Plan 1, 2 or 3 (slightly different from each other). Plan 2 was chosen as the reference map. The details shown on Plan 2 are as follows: (a) Lot No. 1 - proposed total lot area of 4,113 sq. ft. located at the most southwest corner of the premises {containing House #305}; P~ge 3 - Appi. No ~100 Application of THOMAS J. McCARTHY Decision Rendered June 30, 1992 (b) ft. located at House #1270}; Lot No. 2 - proposed total lot area of 5,239 sq. the northwest corner of the premises {containing (c) ft. located at a cottage with Lot No. 3 - proposed total area o2 5,700.86 sq. the northeast corner of the premises {containing nonconforming livable floor area; (d) Lot No. 4 - proposed total area of 3,250.77 sq. ft. located at the southeast corner of the premises; (e) proposed lot width {frontage} of 62.36 feet along Fourth Street of proposed Lot No. 1; (f) proposed lot width of 47.44 feet along Fourth Street of proposed Lot No. 2, Plan 2. (g) proposed lot width of 15.00 feet along King Street for proposed Lot No. 3 {shown as a flag lot}; (h) proposed lot width of 50.02 feet along King Street for proposed Lot No. 4. 5. The Board members have considered the standards set forth for "area variances" and find as follows: (a) UNIQUENESS - the applicant has established unique physicial conditions peculiar to and inherent in the subject lot compared to lots in the neighborhood. All remaining sev~n lots within this same residential block consist of land sizes ranging from 2850 sq. ft. to 7592 sq. ft. {i.e., parcels identified on the County Map as Lots 5, 6, 7, 9, 10, 11, 12}. Each footprint of building area on these tracts range from 654 sq. ft. to 1642 sq. ft. The character of the area will clearly not be undesirably changed by the granting of this alternative variance. (b) PRACTICAL DIFFICULTIES - the applicant has shown that he would not be able to reasonably use, or aesthetically improve the subject buildings under the zoning restrictions without many variances. Virtually, any attempt to make substantial aesthetic improvements to buildings, as exist, would come into conflict with the bulk schedule and provisions of the zoning ordinance as it relates to one nonconforming lot with multiple dwelling use nonconformities. The dwelling uses are allowed in this R-40 zone district, whether it be of a leqal, preexisting nature, or by placement of lot lines for separat~ ownership. The Board Members are not concerned with ownership of the houses -- however, it should be noted that conveyance of at least three of the existing houses for single and separate ownership on three separate lots would not be a disadvantage P~ge 4 - Appl. No~ ~100 Application of THOMAS J. McCARTHY Decision Rendered June 30, 1992 under these circumstances, and would provide opportunities for affordable homes to three single families in the Town. (c) VALID PUBLIC PURPOSE - While it is true the percentage of relief in relation to the zoning requirements is substantial, the percentage of relief in relation to the existing nonconformities is not. Strict application of the zoning ordinance will not, in the Board's opinion, outweigh injury to the applicant and justice will be served by allowing a variance, for alternative relief and the minimum necessary to relieve the hardship. (d) OTHER FACTORS - The difficulty alleged was not self-created and the difficulty claimed may not be avoided by means other than a variance. In view of the manner in which the difficulties arose, and in considering all the above factors, the interests of justice will be served by granting alternative relief, as conditionally noted below, and will at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. (e) DENIAL OF FOURTH SUBSTANDARD LOT - It is the position of the Board that the fourth unit is "converted garage," more or less. The building is more of a garage tYPe structure than a dwelling when viewing the structural parts and utility system. Permanent heat is questionnable. According to the inspection .report of the building department, the building contains no heating system. The entire building is not more than 384 sq. ft., which is probably nothing more than a bathroom and living room. 'The "converted garage" is less than half the size requirements of the zoning code {850 sq. ft. minimum is required for dwelling occupancy}. Should this building be attempted to be brought into conformity with other state fire and construction codes, as well as the zoning size requirements, congestion would be created. The property will, in effect, be over-utilized with a fourth lot and the i~ediate neighborhood would be adversely affected. (f) NO PRECEDENT - it is the position of the Board that an alternative lot line layout for a maximum of three, instead of four lots as requested, would be more reasonable. A three-lot layout would not set a precedent since the lots would be of a size and shape similar to those generally existing in this immediate neighborhood. The applicant has been advised by Member Villa that the County Health Department may require a relocation of the cesspool and well systems in this subdivision project. The Town has no control over the rules and regulations of the Suffolk County Health Department. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was 'P ge 5 - Appl. 100 Application of THOMAS J. McCARTHY Decision Rendered June 30, 1992 RESOLVED, to DENY the relief as requested for four substandard lots as shown on Survey Plans 1, 2 and 3, prepared by Joseph A. Ingegno dated February 28, 1992, and BE IT FURTHER RESOLVED, to GRAuNT alternative relief approving a reduced lot area, width and depth, for THREE PARCELS, SUBJECT TO THE FOLLOWING CONDITIONS AND NOTED AS FOLLOWS: 1. Parcel One, House #305 (Proposed Lot #1 as shown on Plan %2) - the southerly front property line commencing from the easterly line of Fourth Street shall be extended to the east 20 feet (84.98 + 15.00 + 5.0 feet) for a total length of 105 feet; the northerly property line shall also be extended, on an angle; this would permit an increase of between 900 and 700+- sq. ft. over the requested 4113.01 sq. ft., more or less; 2. Parcel Two, House #1270 (Proposed Lot #2 as shown on Plan #2) - the southerly side property line of this proposed lot, commencng from the easterly line of Fourth Street shall be extended to the east by an additional 3+- feet for a total length of 103+- feet (instead of 100.27 feet on a tie line); the lot area would be approximately 5,340 sq. ft.; 3. Parcel Three (combined old proposed Lots #3 and a portion of #4) the lot width along King Street} shall be 45+- feet; the width at the rear of the premises 50.02 feet as shown; the lot depth 145+- feet; total lot area 6,975+- sq. ft. 4. The north-south lot division line separating Lot 3, from Lots 2 & 1, shall start at a point along King Street 45 feet from the most southeast concrete monument shown on the survey map and shall extend in a northerly direction approximately 110 feet to intersect with the nearest property line at the northerly perimeter of the property {see 90-degree corner angle opposite the "concrete slab" shown on Plan B attached for reference use, if needed}. 5. A final map shall be prepared by the applicant for filing and acceptance with this Department. 6. Applications will be filed, processed and finalized with all other appropriate agencies of the Town and County before separating proposed Lots #1, #2, and #3. 7. Only one single-family dwelling use shall be permitted for each of the three lots. Therefore, it will be necessary and a requirement of this determination is the front building on the proposed alternative Lot #3 which consists of approximately 384 sq. ft. (depth 32.3 feet and variable width 11.3 to 12.3 feet) shall be removed. Compliance with this condition must be confirmed within six (6) months after final approval of all Town Page 6 -'Appl. No2 100 Application of THOMAS J. McCARTHY Decision Rendered June 30, 1992 and County Agencies, or within six (6) months of transfer of title to the applicant herein. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Dinizio and Villa. This resolution was duly adopted. lk (~) COUNTY OF SUFFOLK TIReoI Propel:ly Tax Service Agencyl~~ -- JUn,TH T. T£..'~. TOWN C~.E.K RECEIPT 0 4 7 6 0 5 Town of Southold Southold, New York 11971 ~ Phone: 516-765-1801 DATE 19 ,~-"~ ///~~ BOARD OF APPEALS, TOWN OIF [~OUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town nf Somhold 10: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Tl~at~:i1=i~ntendon of the undersigned to petition the Board nf Appeals of the Town of Southold torequest a~(Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the~sqbject..~o.f the Petition is. located adjacent to your property and is des- cribed as follows: .~[3~{:-~i ~_~-~4~/~ ~ C~(3~_/~/v~i~ c'~ ~(~,.-~L/ 3. That the property which is the~of such Petition is located in the following zoning district: 4 TI]al b~ such Petiti,,n. the undersigned will request the following relief: ,J~. (.,'/~1o ~'~'-i0/~) Ot~ $. Thai the provisions of the $outhold Town Zoning Code applicable to the relief sought by the under* signe;~ are Article Section [ ] Section zg0-A, New York Town Law for approval of access over right(s)-of-way~ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southotd. New York and you ma)' then and thes'e examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, n6wspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the . right tO appear and be heard at such hearing. Petitioner 0wners'Names.' Post Office Address Te . No. [Copy of. sketch or plan sh0wJng proposal purposes.] to be attached for convenience BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of ~ ~ to the~oard of Appeals of the Town nf Sourhold TO: ( NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Th, a~intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ~(Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the~qbiect,~0f the Petition is located adiacent to your property and is des- cribed as follows: .~f,~t:~/~'l' ~.~-~_~, .-(~(3~1~11~ ~ ,~.,,~ 4 TI,a, b~ such Pefitiun, the undersigned will request the following relief: $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signe~ are AsCicla Section [ ] Section 280-A, New York Town Law for approvel of access over right(s)-of-we¥~ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold. New York and you ma), then and there examine the same dur ng regular office hours. (§16) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right tO appear and be heard at such hearing. Petitione~ Owners'Names: Post Office Address -- Tel. No. (~'/~) [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAM~ PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS 371 109 360 .~. Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail {See Reverse) Certified Fee ~'.~--e~ Special Dellvery Fee Restricted OeJ~very Fee 371 10~2 Receipt for .~,. Certified Mail No Insurance Coverage Provi Do not use tar international {See Reverse) -- 371 109 361 Receipt for Certified Mail No Ins ; Provided Do not use na Reverse) Special Delivery Fee Restricted Delivery Fee Return Receipt Sh the current assessmenz roll of the STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: .~'bL,I-I'Roi D · A/? (17'?/ , being duly sworn, deposes and says that on the r'~g day of --.~'~ ~/ , 19 _.~.~, deponent mailed a true copy of the Notice set forth on the re- verse side hereof*, directed to each of the above-named persons at the addresses set opposite their reSpective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on Town of $outhold; that said Notices were mailed at the United States Post Of- that said ; Notices~,ere mailed to each of said persons by Sworn to before me this day of ~-}"MI \t/ Notary Public (This side does not have to be completed on form property owners.) . transmitted to adjoining TEST PHONE (516)727-2090 OFRCESLOCATED AT One Union Squo~ Aquebogue, New Yo~ 11931 SCALE 1'=600' PROPOSED MINOR SUBDIVISION FOR THOMAS McCARTHY SITUA TED A T BUILDING ZONE USE: R-40 APPLICANT: McCARTHY MANAGEMENT THOMAS J. McCARTHY NORTH BAY'~rEFf ROAD ~OUTHOLD, NEFf YORK 11971 THIS SUBDIVISION WILL APPEAR IN: DISTRICT 1000 SECTION 117 BLOCK O? WELL 95' N 89°09'00" / WELL %, ..~ N s~'o~'o0" E / CESSPOOL CESSPOOL N/O/F wEu- I HEREBY CERTIPf ~^T THIS ~ W~ r~DE C~SPOOL RICHARD R. FREYHERR .~ us mom ^C~L Su.vE~s ~D ~,,~o~;~co,,~. N 5'10"E 50.02' ACT. -~c~ o.~'.. 50' DEED WELL 48,5' CESSPOOL ~ k SOTI~ SHIBLEY o E 100.27' ACT. , 100' DEED ~.~ ~ oo.~7, .:...."...' ...~': ".., S~[D ' WELL NNW SUFFOI p' I .:: '..::':'..'.,........ ¢ . TOWN OF SOUTHOLD ~ ? / :"~ ,,' ~ SUFFOLK COUNTY, NEW YORK ~ / I o~ss"°°b 1°'°' 8 COVER 24.§' 13.1' DWELLING FEBRUARY 28, 1992 r , / JULY 20, 1992 (REMSED LOT LINES) L ' ~mLr~PoL~ . AUG. 19, 1992 (SHOW HOUSE,WELL & C.P. TO BE ~ -~R~J~m' ' ~' REMOVED FROM THE FRONT OF LOT 5) JAN, 22, 1993 (ADDED TEST HOLE & TEST WELL) ~' LOT 2 JUNE 25, 1995 (ADDED EXISTING & PROP, WELLS & CESSPOOLS) '' °'~NE:~ ~'~ FRAME HOUSE dULY 28, 1993 (REVISED LOT LINES) ,AP WELL ., ~1270 %%/ ~.~-' ~ , ~. ~ :~ LOT 3 .'~ I -' °~ ~' 0 °g '~ ' i:.,':¥,.:;.::::.,:,~',...: ...,~,., LOT1AREA= 4,219.37 sq. ff. o~sPoo, = ~ ~lP~T. 21,s' o · ' .... 0.097 ac. ~,~' ~/ " 2o.~' · ..~, : N 89'56'00" W ~4,23' 12.2' ......,; LOT2 AREA 6,783.06 aq.ff. ~ E ~.~,, ~ · '..',. O. 156 ac. ~ ~-. EN~oE s s~,s,~0" w ';.'* LOT3 AREA = 7,301.23 sq.ff. =l b/ CESSPOOLLOC^'noN " N 89'15'10" E (TO Be REMOVED) ";" '~'-- 0,167 ac. '"~" '~^'" '' .. ,,~ TOTALAREA = 18,303 66 sq. ff. ~ i., · .~..o×..*=-- ~ ~ · WELL LOCk, ON "' 0.420 ac. psoPOSED """" i) o ~ o P %' ' ~ WOOD STOOP PROPOSED 1 STORY I 0 ~ FRAME HOUSE PL~T. 0 ~o~ LOT I '-- NOTES: Z 1. ELEVATIONS ARE ASSUMED BUT RELATIVE. 'z 2. EXISTING WELLS AND CESSPOOLS ARE TO BE ABANDONED. ~"~/. ~ W~ m~ON d PROPOSED- o z ~0 B~ R~V~)~ WELL Joseph A Ingegno Land Surveyor ~'l" OF ' sa-- ' N~ --'"' / O~"DI~NS~RUN S 89 15'10" W o,~...,~ ~ ~..,,u~ 150.00' Htlo Sumeys -- Subdiviaiona -- Si~e Plans -- Construction Layout ~m.~ I~ON ~,~ ~.. ~ F~x (516)722-5003 ~ DP / mE ~I~AN~ OF RIGHT OF WA~ ~ ~ILING ADDRESS x~/o~ ~[~ OF ~. ~F P.O. Box 1931 ANY. NOT SHOWN ~Z N~ OUAEAN~ED. Riverheod, New York t1901 92-120C