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HomeMy WebLinkAbout4070 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 SCOWl' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Appl. No. 4070. Upon Application of DALCHET CORP., WILLIAM ORLOWSKI and LORRAINE ORLOWSKI. Variance to the Zoning Ordinance, Article III, Section 100-32, Bulk Schedule, for approval of: (a) proposed lot No. 3 containing less than 80,000 sq. ft. in this R-80 Zone District {the remaining four lots will meet the 80,000 sq. ft. requirement}, and/or: (b) Article XVIII, Section 100-181C(2) for approval of the total area of 9.04 acres for a density of five proposed lots in this mixed R-80 and R-40 Zone District. Location of Property: Westerly Side of Harbor Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-097-6-17 and 1000-103-1-20.5 and 20.6, containing a total area of 9.04 acres. WHEREAS, a public hearing was held on March 25, 1992, and all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: 1. This is an application concerning a 9.04-acre parcel of vacant land situated along the westerly side of Harbor Lane in the Hamlet of Cutchogue, Town of Southold, and more particularly identified on the Suffolk County Tax Maps as District 1000, Section 97, Block 6, Lot 17 and Section 103, Block 1, Lot Nos. 20.5 and 20.6. 2. The subject 9.04 acre parcel is substantially located in the R-80 Zone District, with the exception of a 20,300+- sq. ft. area located in the R-40 Zone District. 3. For the record, the following are also noted: (a) November 25, 1991 - An application was submitted for consideration with maps as amended from the original plan Page 2 - Appl. No. 4070 Matter of DALCHET CORP. & OTHERS Regular Meeting of May 7, 1992 prepared June 20, 1991 - the first revision dated October 23, 1991; (b) December 6, 1991 - coordination to Planning Board for cormments on the current layout of the proposed subdivision; (c) December 9, 1991, the October 23, 1991 map was discussed before the Town Planning Board without resolution as to which layout would be most acceptable. (d) December 23, 1991 receipt of Planning Board response to our coordination letter concerning the maps filed; P.B. correspondence was forwarded to the applicant's attorney indicating that the P.B. required a clustered layout of four lots to include Lot #1 of 54,000+- sq. ft., Lot #2 of 46,000+- sq. ft., Lot #3 of 70,000+- sq. ft., and Lot ~4 of 207,000+- sq. ft. and 15,500+- sq. ft. reserved for a 50-ft. future "tap road" to land of Pung to the west. (e) February 21, 1992 five-lot cluster plan submitted by the applicant with basically the same concept as a four-lot layout, except that instead of a fourth parcel of 207,000+- sq. ft. as suggested by the Planning Board, two parcels are proposed: #4 of 83,000 sq. ft. and #5 of 124,000 sq. ft. A copy of this plan was then transmitted to the Planning Board for their update and review/comments. (f) March 6, 1992 Planning Board Office response concerning the February 5, 1992 five-lot cluster layout indicating that the P.B. is not in favor of the plan since it includes a five-lot density instead of four-lot density, and did not show land for drainage purposes. (g) March 25, 1992 - P.B. received letter from Engineering Department (James Richter, R.A.) indicating that drainage rings could be installed in lieu of a recharge basin. (h) March 25, 1992 - Z.B.A. hearing held and concluded, pending receipt of a final map showing building envelope for proposed Lot #3 and with the same lot-line concept as the first plan amended October 23, 1991 {instead of a cluster layout}. Final map was lastly dated April 3, 1992 and conformed to the ZBA's requirements. 4. The relief requested by the last map submission is for an area of 6,096 sq. ft. for proposed Lot %3, for a percentage of .0762 from the lot area requirement. The remaining four lots will conform with the lot size requirements of the zoning code. Page 3 - Appl. No. 4070 Matter of DALCHET CORP. & OTHERS Regular Meeting of May 7, 1992 5. It is the position of this Board that the uniformity in size rather than the suggested cluster layout is not unreasonable and is preferred in considering the nature of the surrounding areas. 6. In considering this application, the Board also finds and determines: (a) the relief as requested is not substantial in relation to the code requirements; (b) the practical difficulties claimed are sufficient to warrant a grant of this variance; (c) that the relief as granted will not alter the essential character of the neighborhood -- the property is surrounded on the east and to the north by nine parcels substantially smaller than that proposed by this application {ranging from 46,054 sq. ft. to as little as 12,768 sq. ft.} (d) the difficulties cannot be obviated by some method feasible to the appellants to pursue, other than a variance - a cluster concept is not more practical under the present circumstances when considering the existing character of this residential community and the layout of this 9.04 acre tract of land; (e) that the properties along the easterly side of Harbor Lane to the east are located in different zone districts, i.e. R-40 and R-80. (f) that a denial of this variance would in turn require a very large over-sized parcel of more than 150,000+- sq. ft. in lot area at the southerly end - which will be an unreasonable burden to the landowner, and would create undersized parcels at the northerly end in an area where the 80,000 sq. ft. lots would provide a more open, rural environment land. (g) that the relief requested will not, in turn, be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties; (h) that the relief requested will not cause an adverse effect on available governmental facilities; (i) that the relief is the minimum necessary to afford relief; Page 4 - Appl. No. 4070 Matter of DALCHET CORP. & OTHERS Regular Meeting of May 7, 1992 (j) that 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 variance as requested and further noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a variance for proposed Lot #3 of 73,904 sq. ft. (or 58,400+- when excluding the possible future 50' x 310' "tap road" to land now of Pung), and frontage along the westerly side of Harbor Lane of 50.0 feet, all as more particularly shown on the sketch plan map prepared by Roderick VanTuyl, P.C. referred to as "Harbor Park Homes" (for Dalchet Corp.) lastly revised April 3, 1992. Vote of the Board: Ayes: Grigonis, Dinizio, and Villa. adopted. lk Messrs. Goehringer, Doyen, This resolution was duly GERARD P. GOEHRINGER, CHAIRMAN 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 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAy,MARCH 25, 1992 commencing at the times specified below: (1) 7:32 p.m. Appl. No. 4090 - MR% AND MRS. H. LLOYD KANEV. Variance to the Zoning Ordinance, Article XXtII, Section 100-239.4 for permission to construct addition to existing dwelling for increased livable floor area, all of which is to be situated at less than 100 feet from the top of the bluff along the L.I. Sound. Location of Property: 355 Rosenburgh Road (Private Road 03), East Marion, NY; County Tax Map Parcel ID 1000021-01-27.1 (inclusive of Lot Ms 11, 13.3, 27, 29, & 30). {2) 7:40 p.m. Appl. No. 4086 - ANTHONY AND HELEN COUTSOUROS. This is an application requesting a determination confirming or Southold Town Boa~ Of Appeals recognizing this nonconforming vacant lot as a substandard lot, under Article III, Section 100-32A, and Article XXIV, Section 100-244 of the Zoning Ordinance. Any future application for a single-family dwelling is, of course, subject to receiving building permits, septic and well approvals, etc. as required by other agencies. The subject lot is located in the R-40 Residential Zone District, and is a described parcel of land acquired through.deed conveyance on 2/30/60 to the present owner. Location of Property: 1125 (Westerly Side of) Tucker Lane, Southold, NY; County Tax Map Parcel ID No. 1000-59-10-12. This parcel contains a total lot area of 20,000 sq. ft. and lot width of 100.0 feet. (3 & 4) 7:45 p.m. Applications by WILLIAM C. GOODALE (Owner) and RICHARD GOODALE (Tenant) concerning premises known as 7655 Main'Road, Laurel (near Mattituck), NY, County Tax Map Parcel No. 1000-122-06-30.1 (previously 30), under: (a) Appl. No. 4092 for a Variance to the Zoning Ordinance, Article XXIV, Section 100-102, Bulk Area Schedule, for permission to locate a third principal use on this 36,155 sq. ft. parcel. Third principal use is for the establishment of new car sales and for the establishment of an accessory use incidental to the new car sales establishment for the sale and/or lease of used vehicles. Also, as an alternative, a Southold Town Board of Appeals variance is necessary to substitute the proposed vehicle sales/lease uses for one of the existing residential uses. The subject premises is located in the "B" General Business Zone District and a Pre-Certificate of Occupancy indicates that the premises has been improved and occupied with two principal buildings, each with one single-family dwelling use. (b) Appl. No. 4093 - WILLIAM C. GOODALE (Owner) for a Special Exception under Article X, Section 100-101B(12) for a permit authorizing: (a) a new car sales estblishment, (b) an establishment of an accessory use incidental to the proposed new car sales establishment for the sale and/or lease of used vehicles, (c) outside display of vehicles, (d) accessory office use incidental to the new principal use as a new car sales establishment. (5) 8:00 p.m. Appl. No. 4070 - DALCHET CORP., WILLIAM AND LORRAINE ORLOWSKI. Variance to the Zoning Ordinance, Article III, Section 100-32, Bulk Schedule, for approval of: (a) proposed Lot No. 3 containing less than 80,000 sq. ft. in this R-80 zone district {the remaining four lots will meet the 80,000 sq. ft. size requirement), and/or: (b) Article XVIII, Section 100-181CI2) for approval of the total area of 9.04 acres for a density of five proposed lots in this mixed R-80 and R-40 Zone District. Location of Property: Westerly side of Harbor Lane, Southold Town Board of Appeals cutchogue, NY; County Tax Map Parcel No. 1000-097-6-17 and 1000-103-1-20.5 and 20.6, containing a total area of 9.04 acres. [6) 8:20 p.m. Appl. No. 3975 - ARTHUR G. CARLSON. This is an appeal for an interpretation, resulting from the October 11, 1991 Notice of Disapproval from the Building Inspector, as amended, under Article III, Section 100-31A(2) for approval of a wholesale shellfish distribution business and declaring that aquacultural use falls within the purview of agricultural use. The subject parcel is located in the Agricultural-Conservation (A-C) Zone District and contains a total area of 40,000 sq. ft. Location of Property: 1575 Lower Road, Southold, NY; County Tax Map Parcel No. 1000-69-04-23; also known as Lot #3 of the Minor Subdivision of Judith T. Terry approved by the Southold Town Planning Board 10/1/7g. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. For more information, please call 765-1809 or visit our office. Dated: March 5, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski .' Copies have been forwarded to the following on or about 3/10/92: L.I. Traveler-Watchman, Inc. (fax transmission) Times-Review (fax transmission) FORM NO. 3 TOWN OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ~¥ ~5 lO01 PLEASE TAKE NOTICE that your application dated .l .,.'~. ~..%'~.... ]../q. ..... 19 .cl I.. for permit to '~ ..~.-..t~...~.'.~....~~..~.~.~.¢.~.~.~ ............ at roo:::o, o~e~o~:ty ......... ~.~..~ ~~~ counry~ax map ~o. ~uuu ~ccuon ..... ~,1 .... Block ,,~.~ ........ Lot .. I~ ......... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds .~:~ ~ .~.~. ~ ~.- 5~ ~..~.~ · ~. ~.~:~.~.. ~..~:~, ............ ................. ..:..:~ .......... ~.; .................................. ,.. ~.-~ ~. G..~..'.~ n ~ , ~ ~ ................. ...~..~~ .,$.., ~~..~*~ Building Inspector RV 1/80 RECEIVED NOV g 5 1991 - TOWN OF SOUTHOLD, NEW YORK Southold Town Clerk APPEAL FROM DECISION OF BUILDING INSPECTOR APPEL NO. ¥C' CO DATE Novemb.e...r.....4. ~ 1991 TO THE ZONING BOARD OF APPEAL.S, TOWN OF SOUTHOLD, N. Y. q)2zLg3t~-~CK)~:K)[~..TTON a~ct (no Cf) Pequash Avenue 7, (We).~'.T.'.T~..!.~.~ .9-~.s-..K[-. ot ..2.Ls......c~...!~Q~..~.~m~. ....................................... Name of Appellant Street and Number Cutchogue New York ..~.]:..3:.~...0..~. ......................................................................... ~...3...e.~.s..e~. ...... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. N/A . DATED ....S.,e.g.?...e..m...b..e...r...~..6..,....]:.9...9..l. ........ WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) (X) (X) Name of Applicant for permit of 325 Pequash Avenue Cutcho.~,e. ................... N..e...'~.....~..o.?...k. ............... ....................Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCYON LOT SIZE LESS THAN 80,000 square feet PERMIT FOR SUBDIVISION OF PROPERTY INTO FIVE LOTS 1. LOCATION OF THE PROPERTY ~a~.:.~L~.,...~ ..LQw .Q~r~,~Y.. J~,~.e~'l~,~ 1~;~ .~..~0) ' '~;ree;"~'Ha~et / Use District on Zoning Map Dal~et ~ra~on District 1000 Section97 Block 6 Lotl7 . . ...................................... uurren~ ~ner Willim & ~a~e ~l~ski ~'''''~6'~Ef03L1-20'5 & ~ Prior Owner ~ ~n~ski 20.6 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- · section and Paragraph of the Zoning Ordinance by number· Do not quote the Ordinance.) Article III Section 100-32 3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box) (X) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 COnSl Laws Art. 16 Sec. 280A Subsection 3 ( 4. PREVIOUS APPEAL A previous appeal XIx~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No. N/...~. ........ Dated ........... .N.../..A. .................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance ( ) - is requested for the reason that petitioners are desirous of obtaining a subdivision of their property into five lots, four of which contain 80,000 square feet and one of which contains 73,904 square feet. See Sketch Plan of Subdivision Map of '~{arbor Park Homes" Made for Dalchet Corp., prepared by Roderi.ck Van.Tuyl, P.C. dated June 20, 1991, which is attached hereto as Exhibit A. Form Z~I (Continue on other side) REASON FOR APPEAL Cantm6ed 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because your petitioners are the owners of 9.04 acres off vacant land on the southwesterly side of Harbor Lane, Cutchogue, New York. Petitioner, Dalchet Corporation acquired this property on March 22, 1961. Originally it was part of a larger tract, but portions of it were sold. The remaining property is presently zoned R-80 (Residential Low-Density District) which requires 80,000 square feet of area for each dwelling on a lot. Since the time of its acquisition the property has been upzoned with the various zoning changes. The adjacent properties which are improved by one-family dwellings are on lots much less than the required zoning, some of which is R-40, and as such are nonconforming by today's standards. The land in the proposed subdivision "Harbor Park Homes" is generally level with no significant problems for the erection of one-family homes. Four of the proposed building lots meet with the present zoning requirements of the Town of Southold. However, proposed Lot No. 3 contains 73~904 square feet which is 6,096 square (CONTINUED ON ATTACHED RIDER) -,/ 2. The hardshipcreatedis UNlQUE andisnotshared by all properties alike in the immediate vicinity of this property and in this use district because in this established residential neighborhood all of the existing improved lots with one-family dwellings located upon them are undersized by today's zoning standards. These lots range from 12,768 square feet to 38,000 square feet. Four of the lots in the proposed subdivision meet the zoning standards of 80,000 square feet. Proposed Lot No. 3 is 73,904 square feet and is larger than the neighboring lots by 61,136 to 35,904 square feet. To require larger size parcels on petitioners' property other than which is proposed will.piace an economic hardship and be an injustice to the petitioners. Due to the unique shape and boundary lines of the petitioners' property at the present time the proposed subdivision is the only practical means of subdividing the property and as submitted is a proper utilization of the land. 3. The Variance would observe the spirit ofthe Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the proposed subdivision is in an established residential neighborhood and virtually all of the existing improved lots are nonconforming as far as lot area, width and depth. Proposed Lot No. 3 for which the variance is requested creates a building lot in this neighborhood which is in keeping with its residential character. STATE OF NEW YORK ) ) ss COUNTY OFSUFFOLK ) DALCHET CORPORATION Chester Or lows~n, at~e siden~ Sworn to this ....... .'~.!:,h ................................ day of ..........No~'e .m~....e..r. ............................ 19 91 Notary ~ - · ,~ , Notar/pubSc. Stale d New Yo~k ~ ...~ ~.~1~.~,~ ~ ~ Wz~l~am o~owskz . ,, , ~ ~ ~ 31,1~- , STA~ ~ ~'~, ~ OF ~S: ss Lorraine Orlowsk~ ~.~ ~s ,. day of~ov~, 1991 UAa,A v sco ~ / ~ ~lic ~00mmlssl0, Expires ~ptem~r 8. tgg6 TOWN OF $OUTHOLD PROPERTY RECORD CARD L/oo~ - ~? -~./7 ' 'OWN ER STREET VI LLAGE D mST. SUB. LOT ACR. J FORMER OWNER N ~.-TV, S¢/-J~)~.- E /71ptlel~R ~/lh,;z: ~.~ S W ~PE OF BUILDING RES. ~ ~/ S~S. VL. ~ FARM CO~. CB. MICS. ~ Mkt. Value ~ND IMP. TOTAL DATE R~RKS Tillable ~, 6 ~ O ~ 7 go FRONTAGE ON WATERI ~l~nd FRONTAGE ON ROAD ~eadowlond DEPTH House Plot BULKH~D rata I COLOR TRIM M. Bldg. Extension Ex(ension' Extension Foundation Bath Porch Basement Floors Porch Ext. Walls Interior Finish Breezeway Fire Place Heat Garage Type Roof ~ooms 1st Floor Patio Recreation Room Rooms 2nd Floor O.B. Dormer Total Driveway inette TOWN OF SOUTHOLD PROPERTY RECORD CARD owNER STREET VILLAGE DIST. SUB. LOT E ACR. S W ~PE OF BUILDING RES.~// S~S> VL. ~ FARM CO~. CB. MICS. ~ Mkt. Value ~ND IMP. TOTAL I DATE R~RKS Tillable · ~ ~3~ ~a 300 / (3~ .' FRONTAGE ON WATER W~land FRONTAGE ON ROAD ~eadowl~d DEPTH ~ouse Plot ' '- BULKH~D Fatal COLOR TRIM Extension Extension Porch Porch Breezeway · Garage Patio Total Foundation Both Dinette 13asement Ext. Walls Fire Place Type Roof Recreation Room Dormer Floors Interior Finish Heat , Rooms 1st Floor Rooms 2nd Floor Driveway Ko LR. DR. BR. FIN. B oWNER OF SOUTHOLD PROPERTY RECORD CARD STREET FORMER OWNER N V l LLAGE E DIST. SUB. LOT ACR. LAND SEAS. IMP. rilloble VL. ,~ FARM TOTAL DATE W TYPE OF BUILDING COMM. CB. MICS. JMkt. Value REMARKS FRONTAGE ON WATER A/oodland FRONTAGE ON ROAD I V~eadowland DEPTH -louse Plot / r~-.. BULKHEAD ;total · 80,000 120 , 24 ...~ BO ~/ o .... ~o~ Southold ZBA 3/25/92 Appeal # 4070 La · County Tax Ma~ ,. New Yor'- ne (WeSterly s~_~ ~ mo.: 1000_97_6~17 __~ ~u~;, Cutchogue' The Chairma - ~n~ 1000-103-1-20.5 Notice o~ ,, . n Opened the h- -' ~ aeargng and th~ .... ~a~gng at 8- ~ =PP~lcation f~'~ pm. an~ read the ~ ~ne record. ~RING . ~ I have = wOUld like ~°~n~_If ther~ ~PY of a surv~ short recess and allow you to s3~ anyone in tJ~ indicating the hearing, kindly let us know and we WOUld be veryuurlng this Roderick VanTuyl o ~"~ SUrvey, either before ~ ~d~ence who Parcels in ~. n June 2~ ~_~ dy it. i~ _ happy to take ~uestions that ~J 1~91 and it c~a~ PrOdUced by a Suffolk County Ta . -~ are me~. . ~alns t~ .... Properties ~ ~ x Map lndica~ ~ulOnlng. A-~ '~= rive ,.~ ~ cae area. I t~Ji~~ ~nis and su~n~ I hereof the ~. RiC~,,~ ~x we ar- ~OUndin~ ~ How are - = ready for You=Mr. ~ Petitionp n gs COncern~ you going to = - ~arK. .... You are ~o~_nanole this, a~ = ~ ~ng to deem th_~° =ar as =~ as an ~ Sure. ~Okay. I have xlKe to, for the a couple of Other exhibits. record, what Correspondence Also, I to Put in. You USUally read What kind of correspondence You are going to Put into the file. are you going No. It is all made Part of the file. ~ I Just to make a record here. ~ You can read it anytime. ~ I do. ~EHRING . une cOmDl~_ guu as Often -- ~ point o~t in there. ~ou anYmore. ,.,i=~ure and We d- -~ "= are ~=-~. ~ not ~,~alar with wh~is ~ Well, I want to mark it as an exhibit then. T~ Fine. ~ Which letter R. LARK. N- -- , the One w · ~~etYT. The original .... e 3ust into ~f ~n~on and th + ~ ~=ultion. ~=, mu~ it ~ ~= way We =, ~=Cause th · -~ De Da~ ~C~ Save ~- at ls a = -~ Or the reco~ record by re~ding Page 42 ~ PUBLIC HEARING Southold ZBA 3/25/92 CHAIRMAN GOEHRINGER: Fine. MR. LARK: So if you want to use letters for what you have al- ready in the record, that will be fine. Because I have four (4) exhibits to give you here'tonight. It will be exhibit "A" and that would be the petition, exhibit "B". I believe you have some correspondence from the Planning Board, you might as well get that right into the record. CHAIRMAN GOEHRINGER: Are you talking about the letter we just gave you? MR. LARK: No, no. That one will go in also, prior to that you had some prior correspondence. CHAIRMAN GOEHRINGER: Well, let us go down the line here. We have a letter from March 6 from the Planning Board. MR. LARK: Don't you have one from December 20, 1991. CHAIRMAN GOEHRINGER: Well, we didn't get back that far. I have one from February 24, (that is from us to the Planning Board); I have one from December 20, 1991. Is that the one you want? MR. LARK: Yes. That should probably be Exhibit then you have a response to your letter of March is. "B"o And 6, I believe it CHAIRMAN GOEHRINGER: Yes. That is one I just. March 6th, so you want that "C"? ~TR. LARK: Yes. And the one you just handed me this evening dated March 25th, I guess, could go as "D" then. There is no other correspondence is there? CHAIRMAN GOEHRINGER: Just hold on for one second. We will be right with you. I think we are ready. MR. LARK: Okay, and then I want to introduce and I might as well do at this time, as the petitioners exhibit "1" an aerial survey certified by Roderick VanTuyl on March 25, 1992. This is' an aerial of the area and the land in question, specifically the Main Road, State Road 25A and Harbor Lane where the property fronts on and that was prepared by Aerial Graphics, Inc. Curiously enough it was done on 2/25/88 and it is the same map that the Town Planning Board Uses and Tax Assessors use. It is part, you have it in the Town record. It is a copy of the same map. That would be Exhibit "1". CHAIRMAN GOEHRINGER: Are you referring to map that they use in reference to planning. Page 43 ~ PUBLIC HEARING' Southold ZBA 3/25/92 MR. LARK: (Nodded yes.) CHAIRMAN GOEHRINGER: Or is it the same firm that the use. MR. LARK: same firm and the same map. I am going to mark that as Exhibit "1" if you would. And then Exhibit "2" will be a mylar of the orginal proposed subdivision map that was presented to you with this application. CHAIRMAN GOEHRINGER: Can I just ask a questions. If we are up to Exhibit "D", why aren't you making that Exhibit. MR. LARK: Because those are the Exhibits you already have in the record. These are the exhibits I am presenting at the hearing. So it would be differentiated, when you write your decision. I am just trying to make it easier. That is a mylar of the one that was orginally submitted. MEMBER VILLA: Which was is that, that show the .... MR. LARK: That shows four (4) 80,000 sq. ft. lots and one for which the original variance request was made of 73904. It bears a date originally of October 23, 1991, but it has been amended because of the way the surveyor does it everytime he does another one, it has a date on it now of March 20, 1992. That will be Exhibit "2". Exhibit "3", rather then introduce it with all testimony, I'll just put it in now and refer to it, is the map that was prepared after the Planning Board wrote you the December 20th latter requesting some type of a cluster. That there is also five (5) lots and it's got an original date was February 5, 1992 and I think you have the.copy, that will be Exhibit "3". Exhibit "4" is the map done on a hundred foot to an inch that was done in the planning, which was taken from the sketch prepared in the December 20, 1991 letter and sent to you from the Planning Board, which I guess you have marked Exhibit "2", that's now so it will fit on the aerial. That is a mylar of that. They just present a sketch, no dimensions and this is a full blown affair of that. If I could set. That would be the last exhibit I have. If I could set these up where the Board and anybody else that would want to see it, you don't have an easel. I don't know if that is too far from you. Because I want to lay the overlay on it. CHAIRMAN GOEHRINGER: Why don't put one of those chairs up on there. MR. LARK: Up on here, would that be alright. CHAIRMAN GOEHRINGER: You might have to put something in front of Dick to hold it up. MR. LARK: Okay I think that will work, okay. To save some time the petition fairly well speaks for itself. Exhibit "i" Page 44 ~ PUBLIC HEARING Southold ZBA 3/25/92 MR. LARK (con't): can you all see that? Kind of before you on the left side here is the Main Road and just to orient you there is the King Kullen shopping center which you are familiar with and there is the intersection of Harbor Lane with the Main Road with the Coster Funeral Home on the corner. The Board is generally familiar with the property, the Board as a Board, not just the individual members, because you did grant a Special Exception a number of years ago to grant the funeral home there. As you probably know from the history of the property, originally was all one farm. I am kind of outlining with my fingers running down and then, they have owned it since 60's, meaning Dalchet or the Orlowski brothers, who are here tonight to answer any questions you might have. Under the early zoning they were able to in effect do a day facto subdivision, just about every one of the houses that you see on the west side of Harbor Lane came out of that piece and were all granted building permits and there was one up on the Main Road that was granted a varience, which is the Fogarty house next to the Coster Funeral Home, back in 1973. The remaining piece of prop- erty, if i can use Exhibit "2", if I could have that back, and as I indicated when I introduced this Exhibit "1" as a hundred foot to an inch, so these survey that I have got here should work out pretty much as an overlay. And I can just put them on. This is all the property that Dalchet and Mr. Orlowski, the son of Chester Orlowski owns, and that is the balance of the property they own, which consists of that 9.04 acres. That is what they have left. They are getting along in age and they decided what they wanted to do was to get it subdivided and sold because the way the property sits, as you can see here, it's got some frontage here of some 420 (four hundred and twenty) feet and then it runs into a parcel owned by Lademann, John Lademann and there is a break of fifty (50) feet and then it runs for a bunch of small parcels until you end up with the frontage opposite Pierce Drive and then you can see a lot of it is interior frontage. So, after meeting with VanTuyl and talking to him and trying to figure out a layout, he came up with this proposal as the most utilization of the property. The problem with it was, is that we had to have a varience for the one (1) lot, which was the origianl application. That is the history of it at that point. So we were adyised by both Boards to apply simultaneously for the subdivision and for the varience. That was done in November, your petition. I then appeared before the Planning Board on December 9th advised them of the application before you and reviewed this application, which you have right here in the overlay in Exhibit "2". There was much discussion, you have my letter of March (tape turned over) March 12. I want to refer that, I will introduce that later as an Exhibit. That pretty much states the history. I met with them on that night, reviewed it and curiously enough during the conversation, the Chairman recused himself. Because of some distant rela- tionship that he had with the applicant, which was fine. As it turned out he was the only one that ever been to the proper~y because they used to have the adjoining farm over here and he Page 45 ~ PUBLIC HEARING Southold ZBA 3/25/92 ~CR. LARK {con't.): farmed it, so he was very familiar with it, that is Mr. Orlowski. And then, Mr. MacDonald indicated, he says okay, we can't really consider this subdivision because you have a substandard lot. They recognized the irony of it, that portions of the property were R-40, which is the portion indicated in the map that you have before you, opposite Pierce Drive. And he said until the Yield is decided only the Board of Appeals could decide the yield. So I said that was fair enough. -I said let them decide whether there will be four (4) or five (5) lots here. That was on December 9, 1991. Then for some unexplained reason they wrote to you that December 20, 1991 letter which went on a tirade. The letter speaks for itself, so I won't address it here at the hearing, which makes it really, it really didn't make any sense. Since they told me on December 9, 1991, let's make the Board of Appeals decide. After getting the December 20, 1991, I then confered with both the Planning Dept. and with your clerk and it was decided okay see what you can do with some type of a cluster concept. So I went back to VanTuyl and I said to him, here is what they want. The want a gib road, a little road where we are proposing the varience on Lot 9 3. They want that as a road. Obviously, if you put a fifty (50) foot road running to land of Pung, which is now owned, I understand by Cichanowicz, and you can see in the aerial, it is in the nursery stock and next to that is the vineyard. I said it doesn't make any sense to me but that is what they want, let us see how it lays out. So VanTuyl did that and this is Exhibit "3". I said they also want to cluster it. And he was the one that first put me wise to it, he says it doesn't comply with the cluster regulation that is in the zoning ordinance And he says I don't think it is appropriate to try and work out some type of cluster. But when VanTuyl came up, which is the second part of this hearing tonight, he came up with a lot layout of five (5) lot layouts, three (3) of which were substandard. So now I said I have three (3) varience requests to ask instead of one (1), if you are going to put in that spare road. And he said yes, I can't do anything else because of the geography of this, of the way the lot line is set out. So he then proposed which I have and you have it because I sent it on to your clerk and it is part of the record, which will now, you have it and I will make it also here as Exhibit "3". That lot layout of five (5) lots showing how that will layout. Now, when put that up on the aerial. I then discussed with the clients, Mr. Orlowski, Chester and Al, which are here and they said okay. So we have to put a road in. It doesn't have any purpose, but I guess we can live with it because VanTuyl after consulting with the Planning Board, it was decided that they would leave this lot as the building area, which is in the R-40, which matches the rest of the neighborhood there and they would configure it that way. Well then the Planning Board, as I said on that December 20, 1991 letter, sent a sketch plan along which said that they wanted open space and only four (4) lots. They didn't give Page 46 ~ PUBLIC HEARING Southold ZBA 3/25/92 MR. LARK (con't.): any reason, they just said they want to cluster this. So I had VanTuyl prepare this Exhibit "4" which shows, okay you can see what is a separate part of the application putting the spur road, that is the only difference, but what it does is create three (3) variences instead of the one (1) okay, because these three (3) lots are in R-80 and so therefore one (1) is a fifty-four thousand (54000) and one (1) is a forty-six thousand (46,000) and one is a seventy thousand (70,000). Instead of just the one (1) lot varience, which was the initial application. That is if you put a spur road in. MEMBER VILLA: The only question in my mind at this point is that if you are going for a cluster and you can show a yield of five (5) then you don't need variences to change the lot size, if you are going to have open space. MR. LARK: That is what I thought the impression was when the Planning Board originally said get the Board of Appeals because of the 9.04 acres and the problem with R-40 being part of it to determine the yield. I didn't think they would take a position on anything, until this Board came back and said okay we will go for a yield of five (5) or so on an so forth. That was my understanding with them. When they wrote that December 20, 1991 letter, and I conferred with them that was still my under- standing that they wanted this Board, which has the power under the Zoning Ordinance, to determine the yield because it would be a variance for the one (1) lot. Because you have that high bred situation where you have got portions of the property is R-40 and the, virtually the entire neighborhood when you leave this exhbit and you can study it, I know you are personally familiar with it Mr. Villa living in the area, that they are all small lots by the R-80 or the R-40 standard. There are some lots in there that are twelve thousand (12,000) sq.ft. But that is neither here nor there. VanTuyl when he did the original setup which is Exhibit "2", tried to keep it in conformity with the neighborhood. Okay, with what he had to work with without coming in with too many variances. When they then, I took the Planning Board's idea, which they submitted to you, and put it to scale, which is the open space requirement that they set up. It left, depending on whether you are going to treat it as cluster, and I will talk about cluster in a moment. But if you leave it just this way alone, it would still require three (3) variances, but what they did as they created by their own hand work fifty-four thousand (54,000) sq.ft, lot, a forty-six thousand (46,000) sq.ft, lot, a seventy (70,000) sq.ft, lot, still an "L" shape around Lademann's. Then they created for reasons best known to themselves a two hundred and seven thousand (207,000) sq.ft, lot, which made absolutely no sense. Now then they referred to well we want it clustered, but when you read Article 18 as I referred to in the letter that is not appropriate to a property like this. Because the whole PUBLIC HEARING Southold ZBA 3/25/92 MR. LARK (con't.): purpose of the cluster development section in the Zoning Ordinance was maximum reasonable conservation of land in protection of ground water supply. Well, how are you going to argue four or five (4 or 5) lots, and what are you going to do with the two hundred and seven thousand (207,000) square foot lot, when they wanted the building envelop up on the road. What are they going to do with it back there? The second one is preservation of agricultural activity. Well, when you look at what yo~ are faced with here, with Holly Hollow Nursery, the Cichanowicz nursery and the vineyard right next to it, this has no agricultural activity, this particular property, and it hasn't seen A10rlowski retired from farming. And he can tell you the year on that, at least ten (10) years or better, it hasn't been farmed. Okay, so, it would have no purpose now. What bothered me about this originally was, this concept of the Planning Board is that, first of all it doesn't comply with the Ordinance because when you read 100-181 because you have to have ten (10) acres or more in order to get into a homeowners association or property owners association. But even if the Town Board, which might have the power under the Ordinance, to waive that, we are going to end up with a situation like we ended up with in Mattituck and some areas of the Town, where who is going to pay taxes, who is going to do anything with it. And curiously enough, they created one lot. They didn't create open space in the sense that the cluster development was, you know, we used to have it under the old Planning regulations of Park and Recreation. They didn't say that in the map that they drew. That's what became ludicrous and that is why when VanTuyl talked to them he didn't know what to do either with it. He said that they want one (1) big lot, makes no sense. And so, what happens, all you do regardless of what C & R's you put on it, because when you had C & R's in the major subdivisions for park and recreation, what do we have. We have affordable housing on a couple of them, don't we in Town. Fortunately, for the Town, no one challenged it. But that is what you are going to end up with here. Because unless you create some type of a horse farm, mini horse farm, or paddock or something back there, that lot doesn't conform to anything in that neighborhood. And that is what is so ludicrous about it. So when I talk with your clerk, she said okay, see what you can do with putting the spur road in. We will see what we have here, what we can deal with. That is Exhibits "2 & 3", and then we will determine if we want the lot yield. And then for some reason, they kept writing letters back saying, and you have them now in the record, we don't want five (5) lots there. They don't give you a reason for it. They say cluster. Now, if you are going to cluster and follow their regulations, then without public water and sewer, you could end up with thrity thousand (30,000) square foot lots. How many? These applicants aren't asking for that. They are not trying to come in with a maximum density, to be honest with you, they are making the best out of a bad Page48 ~ PUBLIC HEARING ! ~thold ZBA 3/25/92 MR. LARK (con't): situation with what they have left of the property. That is why I believe and I spent some time with it. Exhibit "2" makes the most intelligent sense of the property. But.. CHAIRMAN GOEHRINGER: You are r~ferring to the one that requires one (1) varience. MR. LARK: One (1) varience, but if the Board feels that okay, we will give five (5) lot yield but for reasons for future planning, because we don't know if the vineyard's is going to be there in ten (10) years from now, we don't know if the nursery is going to be there ten (10) years from now, we want you to make provisions for a paper road there. Fine, it's still doesn't make it a bad situation. Because then lots 4 and 5 on Exhibit "2", no it would be Exhibit "3", which contains the spur road, aren't really that bad. Because what could happen, as you see on Exhibit "3" here, you could create the house back over here, and you could either put the house envelope here or back, you wouldn't be bothered with somebody coming back ten (10) years from now trying to subdivide that back end of that property. Trying to claim some hardship, I got two hundred and four thousand (204,000) square feet back there and nothing going on. See that was the problem. It was also considered, just so you know by the Orlowski boys, they went and discussed things with Januick, Bob White, all the owners there, would they like to buy a piece running it back to Cichanowicz's land. All of them said no, we are very happy with our back yard and our home. That was discussed. The thing that just defies my imagination, the Planning Board with- out going to the property, without looking at the conditions in this particular neighborhood, says cluster it. I should have gone to the Orlowski's, who have been life long residents, okay let us go in and see how many maximum lots we can get in the cluster. You understand what I mean. They said no no, that is going to ruin the neighborhood there, let us try to keep it limited and try to use all the property wisely and not have a lot of open space that is unnecessary. Because the Town will get no benefit from an open space back here, bordered on the way Exhibit "2" is there. Bordered on what is presently a nursery and a vineyard right next to it. There is not going to be any benefit from it. And we are talking about a yield of one (1) because there is just no way you can create or could even try to market for any kind of reasonable value the lots that the Planning Board wanted, the two hundred and four thousand (204,000) square foot lot, which is there as in Exhibit "4". I mean that just makes no sense. Because they don't even want to put the house in the back, they want to put the house up on the road and it made no sense. So, and in trying to talk to them, finally, as I said, Mr. MacDonald said, yea, I see the point of what is happening here, why don't we just determine what the Board of Appeals feels it would be need for the yield. So,. PUBLIC HEARING Southold ZBA 3/25/92 MR. LARK (con't.):hence the petition to you. It outlines the practical difficulties, plus when you go there and look at the property, there is not a drainage problem or anything, and I think Mr. Richter said it is all level land, there is just not a problem there. And there is no big trees, there is no significant envolvement of, you know, of anything. So I think that, which I have now as you have as Exhibit "A" in the petition, I think you've got all the reasons why there is practical difficulties with what you have. Be honest with you, it is the configuration of what is left over there. Now, don't forget, you can't say well that was self-imposed, don't forget when this thing was first, homes were put first put up there, zoning was twelve thousand five hundred (12,500) square feet, that is what it was. And it stood that way from 57, 58 all the way up to 71 or something like that. Well, until the Board of Health, the Department of Health said you had to have twenty thousand (20,000) in 1967, 60 some odd, 68 was it, 58. Yes 1958 you had to have twenty thousand (20,000) square feet because of the water. It is all wells and cesspools there, as you are all well aware of. So, if you have any questions,. I have both the Orlowski brothers who are here, who are Dalchet. They can answer anything about the history of the property that you want. It has been most frustrating because a lot of time was spent on the application before it was ever presented to you, talking to the neighbors, seeing if they wanted to buy additional property at a reasonable cost, just to square it off. No one wanted to do anything, everybody was very very happy with what they had, so I end up with some of those back pieces. And I thought VanTuyl's initial layout, which you have as the initial proposal made the most intelligent use of the land. CHAIRMAN GOEHRINGER: You are referring to the one (1) varience application. MR. LARK: Yes, exhibit "2". CHAIRMAN GOEHRINGER: The seventy-three thousand nine-o-four (73,904). MR. LARK: That is right, that made the most sense. Because when you go through each and every item of the cluster, you have to really, really stretch it to justify it to be for this particular property. It just doesn't fit. CHAI~4AN GOEHRINGER: Your clients have no problem committing over lot ~ 3 of that proposal of the five (5) lot minor, Lot seventy-three thousand, nine-o-four (73,904). The commitment over that parcel of a road if sometime in the future if it was to do so if required. MR. LARK: Yea, they can put that on the record. Did you understand that Chester? Page 50 ~ PUBLIC HEARING Southold ZBA 3/25/92 CHESTER:No problem. MR. LARK: That was discussed, because after the Planning Board wrote their December 20th letter, thinking that they might want some type of a spur road, and that is why it was done the way it was, which is on Exhibit "3", which is the other part of the application. And you see what he did there, Lot 4 then only becomes eighty-three thousand (83,000) square feet, if you exclude that road. If you include it, make it an "L" shaped lot, it is ninety-eight thousand (98,000) square feet. CHAIRMAN GOE~RINGER: But, remember the first one I'm talking about. The one that only deals with the one (1). I understand what you are pointing out to me. But in this particular one, the seventy-three thousand (73,000) would be decreased a significant amount assuming the road was put it over the top of that particular... MR. LARK: YES. That is an alternative. I discussed that with VanTuyl and he said, well okay, but I would rather show it without, you know what I mean. And that is what he did for Exhibit "3". But, if the Planning Board, I mean the Board of Appeals decided granting a varience and using, which would be Exhibit "2" subject to that that would be fine. That would be fine, that would not be a problem. CHAIRMAN GOEHRINGER: That is the easiest one I can see, to be honest with you. MR. LARK: That is not agreed to put a paper, used .... a problem, we can, because they had provide for future, if it was ever to be CHAIRMAN GOEFIRINGER: We are also only six thousand (6,000) square feet from the total ordinance on that particular one parcel. (1) MR. LARK: In any event, that's correct. That was the thing. Page 51 < PUBLIC HEARING Southold ZBA 3/25/92 CHAIRMAN GOEHRINGER: I don't have any particular objection to that. MEMBER VILLA: Jerry, ~he one you are talking about has got the two (2) eighty thousand (80,000) square feet off on the left side? CHAIRM3LN GOEHRINGER: Yes. Eighty thousand, thousand (80,000); seventy-three nine-o-four, thousand (80,000); eightly thousand (80,000). is the most area. (80,000); eighty 73,904); eighty I mean Bob that MEMBER VILLA: But do we have, we can grant a varience for the yield, but do we have the say on which map is going to be approved? Is that a problem. CHAIRMAN GOEHRINGER: Well, if you grant, okay a varience, for that particular lot, the other ones fall into line. MR. LARK: There is nothing you can do elsewhere. MEMBER VILLA: I thought that was still a prerogative of the Planning Board. MR. LARK: Well it isn't in lay out in planning, but when you look at e'ighteen (18) corners, you have on this property, what are you going to do with it. It just didn't lend itself to open space. MEMBER VILLA: Oh, alright. I knew we were addressing the area, but I didn't ~now whether we could... MR. LARK: Because if anybody is in favor of open space, I am if you can propery utilize it in a place. But there was just no pla~e to put it here. CHAIRMAN GOEHRINGER: On lots 4 & 5 of that plan, Mr. Lark, those dog legs are included in that eighty thousand (80,000) square feet. MR. LARK: That is correct and what would happen, the homes, the building envelope would go in the back then. So and that was done deliberately to prevent a future subdivision application for a varience in the future. There would be just no way around that, because the home would have to be put in the back then. And those would be in essence would become driveways. CHAIRMAN GOEHRINGER: Not causing you a tremendous problem here, because I understand your frustrations in this particular thing and your applicants. Could you just ask VanTuyl to super- impose, for us, a foot print for a house on Lot ~ 3 of that Page 52 ~ PUBLIC HEARING Southold ZBA 3/25/92 CHAIRMAN GOEHRINGER (con't): plan, fifty (50) feet south of the proposed road, if it ever existed. MR. LARK: Yea, that can be done. That is not. If it ever went in. CHAIRMAN GOEHRINGER: Meeting all appropriate setbacks as the code allows. MR. LARK: He attempted to .... This isn't what you want, but he attempted to do that over here and I can have that put on, on that one. That is not a problem. CHAIRMAN GOEHRINGER: Okay that is great. MR. LARK: Because it would be moved back, so therefore even though the property would be sort of bifurcated as you can see there, that is where your set back would be. MF~BER DINIZIO: Is that the one we are dealing with now. CHAIRMAN GOEHRINGER: No, no. This is the one Jim. MR. LARK: This one here basically. CHAI~4AN GOEHRINGER: The one that requires the least varience. MR.LARK: The least varience. Only the one (1) varience. CHAIRMAN GOEHRINGER: It is not a lot. MEMBER VILLA: The lot would still be two hundred and seventy (270) feet deep. MEMBER DINIZIO: Yes, it would still be very deep. MEMBER VILLA: It would be 270 by 180. CHAIRMAN GOEHRINGER: Assuming if that ever happen. All we are doing is saying that that is a sterile area that you couldn't build on. MR. LARK: You couldn't build on that. That would be, the Board of Appeals would put a condition but your'e just going to have to leave x amount of space. MEMBER DINIZIO: Well we are talking from this point to this point. From this point to here. Not this point here, not 270 MR. LARK: That is right. In essence the road, I don't want to draw on that one, but the road would go. This would be the PUBLIC HEARING Southold ZBA 3/25/92 MR. LARK (con't.): reservation, right through here. That por- tion, that portion there and this portion here couldn't be built on. CHAIRMAN GOEHRINGER: Where it is truncated or where it would actually be truncated, a person could still build an accessory building, if they wanted to. MR. LARK: A garage if you wanted or something like that. Big deal. It is not going to affect your density. MEMBER DINIZIO: It will still be all included in the lot area, it just a question of MR. LARK: That is exactly right. You would have a varience, what he is suggesting and Mr. Orlowski agreed to it. You would have a varience for the seventy-three thousand nine hundred and four (73,904), less than the eighty thousand (80,000), however it would conditioned on that this meets and bounds area could not be built on in any way, shape, or form. And the set back of any structure would be "X" number of feet to the south of that line. I understood that, yea. That makes perfect sense. You are setting where it would be and if it is never, what his point is, if it is never built on, it never changes anything, you own it. But if it is, somebody has the right to go through there. It is going to be reserved for future use. There has to be a deed restriction and they would have to dedicate that. MEMBER vILLA: Who might in the future have to approve that. MR. LARK: The person who would use it, would burden it. Being in this case, Cichanowicz. In this particular case, to use a name. just CHAI~4~g GOEHRINGER: Or a subsequent owner. MR. LARK: Or a subsequent owner. They would have to ..... MEMBER VILLA: It wouldn't fall back on the owner of Lot ~ 3. MR. LARK: No, no, he is just saying that when that lot was sold, whoever bought it, would have noticed the fact that some day in the future, it could happen. It would effect the market- ability slightly of the lot. CHAIRMAN GOEHRINGER: So, you will do that for us and we will hopefully put this thing to bed. MR. LARK: And keep the record open until I get you that and that will be fine. Page 54 <i PUBLIC HEARING Southold ZBA 3/25/92 CHAIRMAN GOEHRINGER: Great, we thank you for your presen- tation. And you will give us. We've got all the mylars, what we wanted is to request the picture. MR. LARK: And that was primarily to show you just how every- thing fit, and what the relationship of the neighborhood was. And I tried to get it all in a hundred foot of what it is now. So now you can read it, you know what the heck you got there. Is this yours? CHAIRMAN GOEHRINGER: That is mine. Is there anybody else that would like to speak in favor of this application. Could you come up sir and use the mike and state your name, if you wouldn't mind sir. MR. BELL: My names is Herbert Bell, this number 2, I belive he called it, was sent to the various neighborhood, at 22440 Harbor Lane. Is is this the same plot that neighbors in that .... CHAIRMAN GOEHRINGER: I can't answer that question, sir. MR. BELL: It seems that he introduced about five (5) levels. CHAIRMAN GOEHRINGER: Yes. I am going to take this one out of the file for you and let you study it. And you can study it for a little while if you like, we would be very happy to go on to the next hearing and close this one later if you like. Here is a copy of it. This is the one that we that the one that requires the least amount of variences. MR. BELL: Well, the one we got it only has one (1), one (1) lot that needed a varience. CHAIRMAN GOEHRINGER: That is the one we are dealing with. MR. BELL: So this is the same one. And did he indicate what roads where going in on that property. CHAIRMAN GOEHRINGER: There are no roads going in other than dirveways at this particular point to my knowledge. In other words the road is only for future dedication. MEMBER VILLA: Possible future road. CHAIRMAN GOEHRINGER: Future road if any road is ever required if the, is it Holly Hills Nursery. MR. LARK: Holly Hollow. CHAIRMAN GOEHRINGER: Holly Hollow nursery was ever subdivided. MR. BELL: In other words there would be no roads going in from Harbor Lane. Page 55 ~ PUBLIC HEARING $outhold ZBA 3/25/92 CHAIRMAN GOEHRINGER: Not to my knowledge. MEMBER VILLA: Not at this time. CHAIRMAN GOEHRINGER: MR. BELL: Thank you, CHAIRM~N GOEHRINGER: Not at this time. you want this back. Yes, eventually. MR. BELL: Okay, what do you mean eventually. CHAIRMAN GOEHRINGER: Tomorrow is fine. Tomorrow if you want to send it back to us. MR. BELL: Yes, okay, thank you. CHAIRMAN GOEHRINGER: Is there anybody else who would like to speak either pro or con concerning this hearing? Seeing no hand, I will make a motion closing the hearing reserving decision, pending the receipt of the specific foot print that Mr. Lark is going to get us from VanTuyl on. Lot ~ 3. Ail in favor -AYE End of hearing. CHAIRMAN GOEHRINGER: With the audience's indulgence, I must get some water before the next hearing so we will take approximately a three (3) minute recess. We realize that you have been sitting here for about forty-five (45) minutes waiting for us and we do apologize, however, I will ask the Board for that motion please. MEMBER GRIGONIS: So moved. Ail in favor-- AYE (Transcribed by tapes recorded on 3/25/92 Page 4 - Appl. No1070 Matter of DALCHET~RP. & OTHERS Regular Meeting of May 7, 1992 (j) that 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 variance as requested and further noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a variance for proposed Lot #3 of 73,904 sq. ft. (or 58,400+- when excluding the possible future 50' x 310' "tap road" to land now of Pung), and frontage along the westerly side of Harbor Lane of 50.0 feet, all as more particularly shown on the sketch plan map prepared by Roderick VanTuyl, P.C. referred to as "Harbor Park Homes" (for Dalchet Corp.) lastly revised April 3, 1992. Vote of the Board: Ayes: Grigonis, Dinizio, and Villa. adopted. Messrs. Goehringer, Doyen, This resolution was duly lk GERARD P. GOEHRINGER, CHAIRMAN APPEALS BOARD MEMBERS Gerard P. Goehringcr, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa 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~tnission: ×× Variance from the Zoning Code, Article III , Section 100-32 __ Variance from Determination of Southold Town Building Inspector __ Special Exception, Article , Section __ Special Permit Appeal No: 4070 Applicant: William & Lorraine Orlowski and Dalchet Corp. [0cati0n of Affected kand: Harbor L~ne, Cutchogue, NY County Tax Map Item No.: ]000-97-6-t7 and 103-1-20.5 & 20.6 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) xx 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 less than 80~000 s~.ft. of five proposed lots. apprDval of Lot# 3 containing and approval of total area of 9.04 acres for a density Copies of Town file and related do-cuments enclosed for your review. Dated: APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigoni$, Jr. Serge Doyen, .Ir. .lames Dinizio, .Ir. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 26, 1992 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 Richard F. Lark, Esq. P.O. Box 973 Cutchogue, NY 11935 Re: Appl. No. 4070 - Dalchet Corp. (Harbor Park Homes} Dear Mr. Lark: Please find attached a copy of the Board's findings and determination rendered concerning the above application. Please be sure to return to the Planning Board and any other agencies having jurisdiction in this project for issuance of other necessary approvals and/or permits. Copies of this determination have also been forwarded today to the offices of the Planning Board and Building Department for their update and permanent records. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Southold Town Planning Board Southold Town Building Department Suffolk County Department of Planning Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 20, Richard F. Lark Main Road P.O. Box 973 Cutchogue, New York 11935 scott L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 1992 RE: Major Subdivision Harbor Park Homes SCTM~1000-97-6-17 and 103-1-20.5 & 20.6 Dear Mr. Lark: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, October 19, 1992. BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, make a determination of non-significance, and grant a Negative Declaration. Enclosed please find a copy of the Negative Declaration for ' your records. Very truly yours, Bennett Orlowski, Chairman Encl. PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OFSOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significance SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York ~1971 Fax (516) 765q823 October 19, 1992 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: Harbor Park Homes SCTM#: Location: 1000-97-6-17 1000-103-1-20.5 & 20.6 East side of Harbor Lane; 675' south of Main Road (State Rt. 25) in Cutchogue SEQR Status : Type I Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: Residential subdivision of 9.04 acre parcel into 5 lots. Page 2 Harbor Park Homes SEQR Negative Declaration Con't. Reason Supporting This Determination: An environmental assessment 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. A site inspection did not reveal any fauna classified as endangered species, any threatened species, any species of special concern or any rare plants. In addition, the site does not contain any sensitive environmental resources. Because there has been no correspondence received from the Department of Health Services in the allotted time, it is assumed that there are not comments or objections from that agency. Because there has been no correspondence received from the New York State Department of Environmental Conservation in the allotted time, 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 Roger Evans, DEC Commissioner Judith Terry, Town Clerk Board of Appeals ~- Applicant Page 41 PUBLIC HEARING Southold ZBA 3/25/92 Appeal 9 4070 Name of Applicant(s): Dalchet Corp., William and Lorraine Orlowski Location of Property: Harbor Lane (westerly side), Cutchogue, New York County Tax Map No.: 1000-97-6-17 and 1000-103-1-20.5 The Chairman opened the hearing at 8:10 pm. and read the Notice of Hearing and the application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey indicating the parcels in question. If there is anyone in the audience who would like to see this survey, either before or during this hearing, kindly let us know and we would be very happy to take a short recess and allow you to study it. It was produced by Roderick VanTuyl on June 20, 1991 and it contains the five (5) parcels in questions that we are mentioning. And I have~ the Suffolk County Tax Map indicating this and surrounding properties in the area. I think we are ready for you Mr. Lark. MR. RICHARD LARK: How are you going to handle this, as far as the petition is concerned? You are going to deem that as an petition? CHAIRMAN GOEHRINGER: Sure. MR. LARK:Okay. I have a couple of other exhibits. Also, I would like to, for the record, what correspondence are you going to put in. You usually read what kind of correspondence you are going to put into the file. CHAIRMAN GOEHRINGER: No. It is all made part of the file. MR. LARK: I ~ust~to make a record here. CHAIRMAN GOEHRINGER: You can read it anytime. MR. LARK: I do. CHAIRMAN GOEHRINGER: I should point out to you that we haven't seen you as often as we did before and we do not read the complete application anymore. We are familiar with what is in there. MR. LARK: Well, I want to mark it as an exhibit then. CHAIRMAN GOEHRINGER: Fine. SECRETARY KOWALSKI: Which letter, the one we just got? MR. LARK: No. The original petition. Because that is a verified petition and that way we can save the record by re~ding it into it, but it will be part of the record. Page 42 PUBLIC HEARING Southold ZBA 3/25/92 CHAIRM3%N GOEHRINGER: Fine. MR. LARK: So if you want to use letters for what you have al- ready in the record, that will be fine. Because I have four (4) exhibits to give you here tonight. It will be exhibit "A" and that would be the petition, exhibit "B". I believe you have some correspondence from the Planning Board, you might as well get that right into the record. CHAIRMAN GOEHRINGER: Are you talking about the letter we just gave you? MR. LARK: No, no. That one will go in also, prior to that you had some prior correspondence. CHAIRMAN GOEHRINGER: Well, let us go down the line here. We have a letter from March 6 from the Planning Board. MR. LARK: Don't you have one from December 20, 1991. CHAIRMAN GOEHRINGER: Well, we didn't get back that far. I have one from February 24, (that is from us to the Planning Board); I have one from December 20, 1991. Is that the one you want? MR. LARK: Yes. That should probably be Exhibit "B". And then you have a response to your letter of March 6, I believe it is. CHAIRMAN GOEHRINGER: Yes. That is one I just. March 6th, so you want that "C"? MR. LARK: Yes. And the one you just handed me this evening dated March 25th, I guess, could go as "D" then. There is no other correspondence is there? CHAIRM3~q GOEHRINGER: Just hold on for one second. We will be right with you. I think we are ready. MR. LARK: Okay, and then I want to introduce and I might as well do at this time, as the petitioners exhibit "1" an aerial survey certified by Roderick VanTuyl on March 25, 1992. This is' an aerial of the area and the land in question, specifically the Main Road, State Road 25A and Harbor Lane where the property fronts on and that was prepared by Aerial Graphics, Inc. Curiously enough it was done on 2/25/88 and it is the same map that the Town Planning Board uses and Tax Assessors use. It is part, you have it in the Town record. It is a copy of the same map. That would be Exhibit "1". CHAIRMAN GOEHRINGER: Are you referring to map that they use in reference to planning. Page 43 PUBLIC HEARING Southold ZBA 3/25/92 MR. LARK: (Nodded yes.) CHAIRMAN GOEHRINGER: Or is it the same firm that the use. MR. LARK: Same firm and the same map. I am going to mark that as Exhibit "1" if you would. And then Exhibit "2" will be a mylar of the orginal proposed subdivision map that was presented to you with this application. CHAIRMAN GOEHRINGER: Can I just ask a questions. If we are up to Exhibit "D", why aren't you making that Exhibit. MR. LARK: Because those are the Exhibits you already have in the record. These are the exhibits I am presenting at the hearing. So it would be differentiated, when you write your decision. I am just trying to make it easier. That is a mylar of the one that was orginally submitted. MEMBER VILLA: Which was is that, that show the .... MR. LARK: That shows four (4) 80,000 sq. ft. lots and one for which the original variance request was made of 73904. It bears a date originally of October 23, 1991, but it has been amended because of the way the surveyor does it everytime he does another one, it has a date on it now of March 20, 1992. That will be Exhibit "2". Exhibit "3", rather then introduce it with all testimony, I'll just put it in now and refer to it, is the map that was prepared after the Planning Board wrote you the December 20th letter requesting some type of a cluster. That there is also five (5) lots and it's got an original date was February 5, 1992 and I think you have the.copy, that will be Exhibit "3". Exhibit "4" is the map done on a hundred foot to an inch that was done in the planning, which was taken from the sketch prepared in the December 20, 1991 letter and sent to you from the Planning Board, which I guess you have marked Exhibit "2", that's now so it will fit on the aerial. That is a mylar of that. They just present a sketch, no dimensions and this is a full blown affair of that. If I could set. That would be the last exhibit I have. If I could set these up where the Board and anybody else that would want to see it, you don't have an easel. I don't know if that is too far from you. Because I want to lay the overlay on it. CHAIRMAN GOEHRINGER: Why don't put one of those chairs up on there. MR. LARK: Up on here, would that be alright. CHAIRMAN GOEHRINGER: You might have to put something in front of Dick to hold it up. MR. LARK: Okay I think that will work, okay. To save some time the petition fairly well speaks for itself. Exhibit "~" Page 44 PUBLIC HEARING Southold ZBA 3/25/92 MR. LARK (con't): can you all see that? Kind of before you on the left side here is the Main Road and just to orient you there is the King Kullen shopping center which you are familiar with and there is the intersection of Harbor Lane with the Main Road with the Coster Funeral Home on the corner. The Board is generally familiar with the property, the Board as a Board, not just the individual members, because you did grant a Special Exception a number of years ago to grant the funeral home there. As you probably know from the history of the property, originally was all one farm. I am kind of outlining with my fingers running down and then, they have owned it since 60's, meaning Dalchet or the Orlowski brothers, who are here tonight to answer any questions you might have. Under the early zoning they were able to in effect do a day facto subdivision, just about every one of the houses that you see on the west side of Harbor Lane came out of that piece and were all granted building permits and there was one up on the Main Road that was granted a varience, which is the Fogarty house next to the Coster Funeral Home, back in 1973. The remaining piece of prop- erty, if I can use Exhibit "2", if I could have that back, and as I indicated when I introduced this Exhibit "1" as a hundred foot to an inch, so these survey that I have got here should work out pretty much as an overlay. And I can just put them on. This is all the property that Dalchet and Mr. Orlowski, the son of Chester Orlowski owns, and that is the balance of the property they own, which consists of that 9.04 acres. That is what they have left. They are getting along in age and they decided what they wanted to do was to get it subdivided and sold because the way the property sits, as you can see here, it's got some frontage here of some 420 (four hundred and twenty) feet and then it runs into a parcel owned by Lademann, John Lademann and there is a break of fifty (50) feet and then it runs for a bunch of small parcels until you end up with the frontage opposite Pierce Drive and then you can see a lot of it is interior frontage. So, after meeting with VanTuyl and talking to him and trying to figure out a layout, he came up with this proposal as the most utilization of the property. The problem with it was, is that we had to have a varience for the one (1) lot, which was the origianl application. That is the history of it at that point. So we were advised by both Boards to apply simultaneously for the subdivision and for the varience. That was done in November, your petition. I then appeared before the Planning Board on December 9th advised them of the application before you and reviewed this application, which you have right here in the overlay in Exhibit "2". There was much discussion, you have my letter of March (tape turned over) March 12. I want to refer that, I will introduce that later as an Exhibit. That pretty much states the history. I met with them on that night, reviewed it and curiously enough during the conversation, the Chairman recused himself. Because of some distant rela- tionship that he had with the applicant, which was fine. As it turned out he was the only one that ever been to the proper~y because they used to have the adjoining farm over here and he Page 45 PUBLIC HEARING Southold ZBA 3/25/92 MR. LARK (con't.): farmed it, so he was very familiar with it, that is Mr. Orlowski. And then, Mr. MacDonald indicated, he says okay, we can't really consider this subdivision because you have a substandard lot. They recognized the irony of it, that portions of the property were R-40, which is the portion indicated in the map that you have before you, opposite Pierce Drive. And he said until the Yield is decided only the Board of Appeals could decide the yield. So I said that was fair enough. -I said let them decide whether there will be four (4) or five (5) lots here. That was on December 9, 1991. Then for some unexplained reason they wrote to you that December 20, 1991 letter which went on a tirade. The letter speaks for itself, so I won't address it here at the hearing, which makes it really, iY really didn't make any sense. Since they told me on December 9, 1991, let's make the Board of Appeals decide. After getting the December 20, 1991, I then confered with both the Planning Dept. and with your clerk and it was decided okay see what you can do with some type of a cluster concept. So I went back to VanTuyl and I said to him, here is what they want. The want a gib road, a little road where we are proposing the varience on Lot # 3. They want that as a road. Obviously, if you put a fifty (50) foot road running to land of Pung, which is now owned, I understand by Cichanowicz, and you can see in the aerial, it is in the nursery stock and next to that is the vineyard. I said it doesn't make any sense to me but that is what they want, let us see how it lays out. So VanTuyl did that and this is Exhibit "3". I said they also want to cluster it. And he was the one that first put me wise to it, he says it doesn't comply with the cluster regulation that is in the zoning ordinance And he says I don't think it is appropriate to try and work out some type of cluster. But when VanTuyl came up, which is the second part of this hearing tonight, he came up with a lot layout of five (5) lot layouts, three (3) of which were substandard. So now I said I have three (3) varience requests to ask instead of one (1), if you are going to put in that spare road. And he said yes, I can't do anything else because of the geography of this, of the way the lot line is set out. So he then proposed which I have and you have it because I sent it on to your clerk and it is part of the record, which will now, you have it and I will make it also here as Exhibit "3". That lot layout of five (5) lots showing how that will layout. Now, when put that up on the aerial. I then discussed with the clients, Mr. Orlowski, Chester and Al, which are here and they said okay. So we have to put a road in. It doesn't have any purpose, but I guess we can live with it because VanTuyl after consulting with the Planning Board, it was decided that they would leave this lot as the building area, which is in the R-40, which matches the rest of the neighborhood there and they would configure it that way. Well then the Planning Board, as I said on that December 20, 1991 letter, sent a sketch plan along which said that they wanted open space and only four (4) lots. They didn't give Page 46 PUBLIC HEARING Southold ZBA 3/25/92 MR. LARK (con't.): any reason, they just said they want to cluster this. So I had VanTuyl prepare this Exhibit "4" which shows, okay you can see what is a separate part of the application putting the spur road, that is the only difference, but what it does is create three (3) variences instead of the one (1) okay, because these three (3) lots are in R-80 and so therefore one (1) is a fifty-four thousand (54000) and one (1) is a forty-six thousand (46,000) and one is a seventy thousand (70,000). Instead of 3ust the one (1) lot varience, which was the initial application. That is if you put a spur road in. MEMBER VILLA: The only question in my mind at this point is that if you are going for a cluster and you can show a yield of five (5) then you don't need variences to change the lot size, if you are going to have open space. MR. LARK: That is what I thought the impression was when the Planning Board originally said get the Board of Appeals because of the 9.04 acres and the problem with R-40 being part of it to determine the yield. I didn't think they would take a position on anything, until this Board came back and said okay we will go for a yield of five (5) or so on an so forth. That was my understanding with them. When they wrote that December 20, 1991 letter, and I conferred with them that was still my under- standing that they wanted this Board, which has the power under the Zoning Ordinance, to determine the yield because it would be a variance for the one (1) lot. Because you have that high bred situation where you have got portions of the property is R-40 and the, virtually the entire neighborhood when you leave this exhbit and you can study it, I know you are personally familiar with it Mr. Villa living in the area, that they are all small lots by the R-80 or the R-40 standard. There are some lots in there that are twelve thousand (12,000) sq.ft. But that is neither here nor there. VanTuyl when he did the original setup which is Exhibit "2", tried to keep it in conformity with the neighborhood. Okay, with what he had to work with without coming in with too many variances. When they then, I took the Planning Board's idea, which they submitted to you, and put it to scale, which is the open space requirement that they set up. It left, depending on whether you are going to treat it as cluster, and I will talk about cluster in a moment. But if you leave it just this way alone, it would still require three (3) variances, but what they did as they created by their own hand work fifty-four thousand (54,000) sq.ft, lot, a forty-six thousand (46,000) sq.ft, lot, a seventy (70,000) sq.ft, lot, still an "L" shape around Lademann's. Then they created for reasons best known to themselves a two hundred and seven thousand (207,000) sq.ft, lot, which made absolutely no sense. Now then they referred to well we want it clustered, but when you read Article 18 as I referred to in the letter that is not appropriate to a property like this. Because the whole Page 47 PUBLIC HEARING Southold ZBA 3/25/92 MR. LARK (con't.): purpose of the cluster development section in the Zoning Ordinance was maximum reasonable conservation of land in protection of ground water supply. Well, how are you going to argue four or five (4 or 5) lots, and what are you going to do with the two hundred and seven thousand (207,000) square foot lot, when they wanted the building envelop up on the road. What are they going to do with it back there? The second one is preservation of agricultural activity. Well, when you look at what you are faced with here, with Holly Hollow Nursery, the Cichanowicz nursery and the vineyard right next to it, this has no agricultural activity, this particular property, and it hasn't seen A10rlowski retired from farming. And he can tell you the year on that, at least ten (10) years or better, it hasn't been farmed. Okay, so, it would have no purpose now. What bothered me about this originally was, this concept of the Planning Board is that, first of all it doesn't comply with the Ordinance because when you read 100-181 because you have to have ten (10) acres or more in order to get into a homeowners association or property owners association. But even if the Town Board, which might have the power under the Ordinance, to waive that, we are going to end up with a situation like we ended up with in Mattituck and some areas of the Town, where who is going to pay taxes, who is going to do anything with it. And curiously enough, they created one lot. They didn't create open space in the sense that the cluster development was, you know, we used to have it under the old Planning regulations of Park and Recreation. They didn't say that in the map that they drew. That's what became ludicrous and that is why when VanTuyl talked to them he didn't know what to do either with it. He said that they want one (1) big lot, makes no sense. And so, what happens, all you do regardless of what C & R's you put on it, because when you had C & R's in the major subdivisions for park and recreation, what do we have. We have affordable housing on a couple of them, don't we in Town. Fortunately, for the Town, no one challenged it. But that is what you are going to end up with here. Because unless you create some type of a horse farm, mini horse farm, or paddock or something back there, that lot doesn't conform to anything in that neighborhood. And that is what is so ludicrous about it. So when I talk with your clerk, she said okay, see what you can do with putting the spur road in. We will see what we have here, what we can deal with. That is Exhibits "2 & 3", and the~ we will determine if we want the lot yield. And then for some reason, they kept writing letters back saying, and you have them now in the record, we don't want five (5) lots there. They don't give you a reason for it. They say cluster. Now, if you are going to cluster and follow their regulations, then without public water and sewer, you could end up with thrity thousand (30,000) square foot lots. How many? These applicants aren't asking for that. They are not trying to come in with a maximum density, to be honest with you, they are making the best out of a bad Page48 PUBLIC HEARING Southold ZBA 3/25/92 MR. LARK (con't): situation with what they have left of the property. That is why I believe and I spent some time with it. Exhibit "2" makes the most intelligent sense of the property. But.. CHAIRMAN GOEHRINGER: You are referring to the one that requires one (1) varience. MR. LARK: One (1) varience, but if the Board feels that okay, we will give five (5) lot yield but for reasons for future planning, because we don't know if the vineyard's is going to be there in ten (10) years from now, we don't know if the nursery is going to be there ten (10) years from now, we want you to make provisions for a paper road there. Fine, it's still doesn't make it a bad situation. Because then lots 4 and 5 on Exhibit "2", no it would be Exhibit "3", which contains the spur road, aren't really that bad. Because what could happen, as you see on Exhibit "3" here, you could create the house back over here, and you could either put the house envelope here or back, you wouldn't be bothered with somebody coming back ten {10) years from now trying to subdivide that back end of that property. Trying to claim some hardship, I got two hundred and four thousand (204,000) square feet back there and nothing going on. See that was the problem. It was also considered, just so you know by the Orlowski boys, they went and discussed things with Januick, Bob White, all the owners there, would they like to buy a piece running it back to Cichanowicz's land. All of them said no, we are very happy with our back yard and our home. That was discussed. The thing that just defies my imagination, the Planning Board with- out going to the property, without looking at the conditions in this particular neighborhood, says cluster it. I should have gone to the Orlowski's, who have been life long residents, okay let us go in and see how many maximum lots we can get in the cluster. You understand what I mean. They said no no, that is going to ruin the neighborhood there, let us try to keep it limited and try to use all the property wisely and not have a lot of open space that is unnecessary. Because the Town will get no benefit from an open space back here, bordered on the way Exhibit "2" is there. Bordered on what is presently a nursery and a vineyard right next to it. There is not going to be any benefit from it. And we are talking about a yield of one (1) because there is just no way you can create or could even try to market for any kind of reasonable value the lots that the Planning Board wanted, the two hundred and four thousand (204,000) square foot lot, which is there as in Exhibit "4". I mean that just makes no sense. Because they don't even want to put the house in the back, they want to put the house up on the road and it made no sense. So, and in trying to talk to them, finally, as I said, Mr. MacDonald said, yea, I see the point of what is happening here, why don't we just determine what the Board of Appeals feels it would be need for the yield. So,. Page 49 PUBLIC HEARING Southold ZBA 3/25/92 MR. LARK (con't.):hence the petition to you. It outlines the practical difficulties, plus when you go there and look at the property, there is not a drainage problem or anything, and I think Mr. Richter said it is all level land, there is just not a problem there. And there is no big trees, there is no significant envolvement of, you know, of anything. So I think that, which I have now as you have as Exhibit "A" in the petition, I think you've got all the reasons why there is practical difficulties with what you have. Be honest with you, it is the configuration of what is left over there. Now, don't forget, you can't say well that was self-imposed, don't forget when this thing was first, homes were put first put up there, zoning was twelve thousand five hundred (12,500) square feet, that is what it was. And it stood that way from 57, 58 all the way up to 71 or something like that. Well, until the Board of Health, the Department of Health said you had to have twenty thousand (20,000) in 1967, 60 some odd, 68 was it, 58. Yes 1958 you had to have twenty thousand (20,000) square feet because of the water. It is all wells and cesspools there, as you are all well aware of. So, if you have any questions, I have both the Orlowski brothers who are here, who are Dalchet. They can answer anything about the history of the property that you want. It has been most frustrating because a lot of time was spent on the application before it was ever presented to you, talking to the neighbors, seeing if they wanted to buy additional property at a reasonable cost, just to square it off. No one wanted to do anything, everybody was very very happy with what they had, so I end up with some of those back pieces. And I thought VanTuyl's initial layout, which you have as the initial proposal made the most intelligent use of the land. CHAIRMAN GOEHRINGER: You are referring to the one (1) varience application. MR. LARK: Yes, exhibit "2". CHAIRMAN GOEHRINGER: The seventy-three thousand nine-o-four (73,904). MR. LARK: That is right, that made the most sense. Because when you go through each and every item of the cluster, you have to really, really stretch it to justify it to be for this particular property. It just doesn't fit. CHAIRMAN GOEHRINGER: Your clients have no problem committing over lot # 3 of that proposal of the five (5) lot minor, Lot # 3 seventy-three thousand, nine-o-four (73,904). The commitment over that parcel of a road if sometime in the future if it was to do so if required. MR. LARK: Yea, they can put that on the record. Did you understand that Chester? Page 50 PUBLIC HEARING Southold ZBA 3/25/92 CHESTER:No problem. MR. LARK: That was discussed, because after the Planning Board wrote their December 20th letter, thinking that they might want some type of a spur road, and that is why it was done the way it was, which is on Exhibit "3", which is the other part of the application. And you see what he did there, Lot 4 then only becomes eighty-three thousand (83,000) square feet, if you exclude that road. If you include it, make it an "L" shaped lot, it is ninety-eight thousand (98,000) square feet. CHAIRMAN GOEI~RINGER: But, remember the first one I'm talking about. The one that only deals with the one (1). I understand what you are pointing out to me. But in this particular one, the seventy-three thousand (73,000) would be decreased a significant amount assuming the road was put it over the top of that particular... MR. LARK: YES. That is an alternative. I discussed that with VanTuyl and he said, well okay, but I would rather show it without, you know what I mean. And that is what he did for Exhibit "3". But, if the Planning Board, I mean the Board of Appeals decided granting a varience and using, which would be Exhibit "2" subject to that that would be fine. That would be fine, that would not be a problem. CHAIRMAN GOEHRINGER: That is the easiest one I can see, to be honest with you. MR.. LARK: That is not a problem, we can, because they had agreed to put a paper, provide for future, if it was ever to be used .... CHAIRMAN GOEHRINGER: We are also only six thousand (6,000) square feet from the total ordinance on that particular one parcel. (~) MR. LARK: In any event, that's correct. That was the thing. Page 51 PUBLIC HEARING Southold ZBA 3/25/92 CHAIRMAN GOEHRINGER: I don't have any particular objection to that. MEMBER VILLA: Jerry, the one you are talking about has got the two (2) eighty thousand (80,000) square feet off on the left side? CHAIRlW3%N GOEHRINGER: Yes. Eighty thousand, (80,000); eighty thousand (80,000); seventy-three nine-o-four, 73,904); eighty thousand (80,000); eightly thousand (80,000). I mean Bob that is the most area. MEMBER VILLA: But do we have, we can grant a varience for the yield, but do we have the say on which map is going to be approved? Is that a problem. CHAIRMAN GOEHRINGER: Well, if you grant, okay a varience, for that particular lot, the other ones fall into line. MR. LARK: There is nothing you can do elsewhere. MEMBER VILLA: I thought that was still a prerogative of the Planning Board. MR. LARK: Well it isn't in lay out in planning, but when you look at eighteen (18) corners, you have on this property, what are you going to do with it. It just didn't lend itself to open space. MEMBER VILLA: Oh, alright. I knew we were addressing the area, but I didn't know whether we could... MR. LARK: Because if anybody is in favor of open space, I am if you can propery utilize it in a place. But there was just no place to put it here. CHAIRMAN GOEHRINGER: On lots 4 & 5 of that plan, Mr. Lark, those dog legs are included in that eighty thousand (80,000) square feet. MR. LARK: That is correct and what would happen, the homes, the building envelope would go in the back then. So and that was done deliberately to prevent a future subdivision application for a varience in the future. There would be just no way around that, because the home would have to be put in the back then. And those would be in essence would become driveways. CHAIRMAN GOEHRINGER: Not causing you a tremendous problem here, because I understand your frustrations in this particular thing and your applicants. Could you just ask VanTuyl to super- impose, for us, a foot print for a house on Lot # 3 of that Page 52 PUBLIC HEARING Southold ZBA 3/25/92 CHAIRMAN GOEHRINGER (con't): plan, fifty {50) feet south of the proposed road, if it ever existed. MR. LARK: Yea, that can be done. That is not. If it ever went in. CHAIRMAN GOEHRINGER: Meeting all appropriate setbacks as the code allows. MR. LARK: He attempted to .... This isn't what you want, but he attempted to do that over here and I can have that put on, on that one. That is not a problem. CHAIRMAN GOEHRINGER: Okay that is great. MR. LARK: Because it would be moved back, so therefore even though the property would be sort of bifurcated as you can see there, that is where your set back would be. MEMBER DINIZIO: Is that the one we are dealing with now. CHAIRMAN GOEHRINGER: No, no. This is the one Jim. MR. LARK: This one here basically. CHAIRMAN GOEHRINGER: The one that requires the least varience. MR.LARK: The least varience. Only the one (1) varience. CHAIRMAN GOEHRINGER: It is not a lot. MEMBER VILLA: The lot be two hundred and seventy (270) feet deep. would still MEMBER DINIZIO: Yes, it would still be very deep. MEMBER VILLA: It would be 270 by 180. CHAIRMAN GOEHRINGER: Assuming if that ever happen. Ail we are doing is saying that that is a sterile area that you couldn't build on. MR. LARK: You couldn't build on that. That would be, the Board of Appeals would put a condition but your'e just going to have to leave x amount of space. MEMBER DINIZIO: Well we are talking from this point to this point. From this point to here. Not this point here, not 270 MR. LARK: That is right. In essence the road, I don't want to draw on that one, but the road would go. This would be the Page 53 PUBLIC HEARING Southold ZBA 3/25/92 MR. LARK (con't.): reservation, right through here. That por- tion, that portion there and this portion here couldn't be built on. CHAIRMAN GOEHRINGER: Where it is truncated or where it would actually be truncated, a person could still build an accessory building, if they wanted to. MR. LARK: A garage if you wanted or something like that. Big deal. It is not going to affect your density. MEMBER DINIZIO: It will still be all included in the lot area, it just a question of MR. LARK: That is exactly right. You would have a varience, what he is suggesting and Mr. Orlowski agreed to it. You would have a varience for the seventy-three thousand nine hundred and four (73,904), less than the eighty thousand (80,000), however it would conditioned on that this meets and bounds area could not be built on in any way, shape, or form. And the set back of any structure would be "X" number of feet to the south of that line. I understood that, yea. That makes perfect sense. You are setting where it would be and if it is never, what his point is, if it is never built on, it never changes anything, you own it. But if it is, somebody has the right to go through there. It is going to be reserved for future use. There has to be a deed restriction and they would have to dedicate that. MEMBER vILLA: Who might in the future have to approve that. MR. LARK: The person who would use it, would burden it. Being in this case, Cichanowicz. In this particular case, just to use a name. CHAIRMAN GOEHRINGER: Or a subsequent owner. MR. LARK: Or a subsequent owner. They would have to ..... MEMBER VILLA: It wouldn't fall back on the owner of Lot # 3. MR. LARK: No, no, he is just saying that when that lot was sold, whoever bought it, would have noticed the fact that some day in the future, it could happen. It would effect the market- ability slightly of the lot. CHAIRMAN GOEHRINGER: So, you will do that for us and we will hopefully put this thing to bed. MR. LARK: And keep the record open until I get you that and that will be fine. Page 54 PUBLIC HEARING Southold ZBA 3/25/92 CHAIRMAN GOEHRINGER: Great, we thank you for your presen- tation. And you will give us. We've got all the mylars, what we wanted is to request the picture. MR. LARK: And that was primarily to show you just how every- thing fit, and what the relationship of the neighborhood was. And I tried to get it all in a hundred foot of what it is now. So now you can read it, you know what the heck you got there. Is this yours? CHAIRMAN GOEHRINGER: That is mine. Is there anybody else that would like to speak in favor of this application. Could you come up sir and use the mike and state your name, if you wouldn't mind sir. MR. BELL: My names is Herbert Bell, at 22440 Harbor Lane. Is this number 2, I belive he called it, is this the same plot that was sent to the various neighborhood, neighbors in that .... CHAIRMAN GOEHRINGER: I can't answer that q~estion, sir. MR. BELL: It seems that he introduced about five (5) levels. CHAIRMAN GOEHRINGER: Yes. I am going to take this one out of the file for you and let you study it. And you can study it for a little while if you like, we would be very happy to go on to the next hearing and close this one later if you like. Here is a copy of it. This is the one that we that the one that requires the least amount of variences. MR. BELL: Well, the one we got it only has one (1), one (1) lot that ~eeded a varience. CHAIRMAN GOEHRINGER: That is the one we are dealing with. MR. BELL: So this is the same one. And did he indicate what roads where going in on that property. CHAIRMAN GOEHRINGER: There are no roads going in other than dirveways at this particular point to my knowledge. In other words the road is only for future dedication. MEMBER VILLA: Possible future road. CHAIRMAN GOEHRINGER: Future road if any road is ever required if the, is it Holly Hills Nursery. MR. LARK: Holly Hollow. CHAIRMAN GOEHRINGER: Holly Hollow nursery was ever subdivided. MR. BELL: In other words there would be no roads going in from Harbor Lane. Page 55 PUBLIC HEARING Southold ZBA 3/25/92 CHAIRMAN GOEHRINGER: Not to my knowledge. MEMBER VILLA: Not at this time. CHAIRMAN GOEHRINGER: Not at this time. MR. BELL: Thank you, you want this back. CHAIRMAN GOEHRINGER: Yes, eventually. MR. BELL: Okay, what do you mean eventually. CHAIRMAN GOEHRINGER: Tomorrow is fine. Tomorrow if you want to send it back to us. MR. BELL: Yes, okay, thank you. CHAIRMAN GOEHRINGER: Is there anybody else who would like to speak either pro or con concerning this hearing? Seeing no hand, I will make a motion closing the hearing reserving decision, pending the receipt of the specific foot print that Mr. Lark is going to get us from VanTuyl on Lot # 3. Ail in favor -AYE End of hearing. CHAIRMAN GOEHRINGER: With the audience's indulgence, I must get some water before the next hearing so we will take approximately a three (3) minute recess. We realize that you have been sitting here for about forty-five (45) minutes waiting for us and we do apologize, however, I will ask the Board for that motion please. MEMBER GRIGONIS: So moved. Ail in favor-- AYE (Transcribed by tapes recorded on 3/25/92 RAYMOND L. JACOBS SUPERINTENDENT OF HIGHWAYS 765-3140 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD JAMES A. RICHTER ENGINEERING INSPECTOR 765-3070 March 25, 1992 Bennett Orlowski, Jr. Chairman, Planning Board Town Hall, 53095 Main Road Southold, New York 11971 RE: Major Subdivision Harbor Park Homes SCTM# 1000-97-6-17 1000-103-1-20.5 & 20.6 Dear Mr. Orlowski, Jr.: I have been asked by your office to review the Yield map for the above referenced subdivision with regards to maintaining open land for drainage purposes. The Town Highway specifications require recharge basins for all subdivisions in excess of 8 acres. This project consists of 9.04 acres. Therefore, a recharge basin should be provided. An area of 120' X 120' would be sufficient to construct an adequate basin to handle any surface water runoff generated on site. In this case, however, the existing site conditions as well as additional Planning Board requirements may lend itself to design modifications. The site in general is relatively flat and in its natural vegetated state will not generate a great volume of surface water runoff. All of the proposed lots will have frontage on existing Town roads where drainage rings, could be installed in lieu of the recharge basin. The Planning Board has also asked for a clustered design with several acres left in their natural state. Depending on the final design (i.e. number of lots, area to be left undeveloped, etc.) it may be possible to eliminate the recharge basin. cc: Raymond L. Jacobs File If you have any questions concerning this matter please contact my office. ~ncerel~ ~ James A. Richter, R.A. RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD - }~ O. BOX 973 CUTCHOGUE, NEW York 11985 TELEPHONE 516 734-6807 April 7, 1992 Zoning Board of Appeals Town of Southold - Town Hall 53095 Main Road Southold, New York 11971 ATT: RE: Gerard P. Goehringer, Chairman Dalchet Corporation and William & Lorraine Orlowski SCTM #1000-097.00-06.00-017.000 and SCTM #1000-103.00-01.00-020.005 and 020.006 Dear Mr. Goehringer: Pursuant to the hearing held before the Board of Appeals on March 25, 1992, I am enclosing two prints of the revised Sketch Plan last amended April 3, 1992. If all is in order, I would appreciate you letting me know so we can proceed with this application. RFL/bd Enclosures Very truly yours,~ ~/chard F .~ark ~"~]~ Town-Planning-B~ard PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 Richard F. Lark, Esq. P.O. Box 973 Cutchogue, New York PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 20, 1991 11935 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 RE: Proposed Major Subdivision Harbor Park Homes SCTMg1000-97-6-17 and ~1000-103-1-20.5 & 20.6 ZBA Appl. No. 4070 Dalchet Corp., and Others Dear Mr. Lark; As a result of the Planning Board's review of the proposed subdivision, and your discussion with the Planning Board at the December 9th public meeting, please note the following: The Planning Board is not in favor of the five (5) lot subdivision, map dated October 23, 1991, that was proposed for this site. Consequently, we are requiring a clustered layout of four (4) lots for the parcel (the clustered layout shows four lots as the fifth lot does not meet the area requirements for the R-80 Zoning District.) At the meeting the Planning Board gave you a sketch map showing a four (4) lot cluster design. This design shows: A. Three (3) lots at the northerly section of the parcel; and B. One (1) "large lot" at the southerly section of the parcel; and C. A tap road to the land now or formerly of Pung. (Please see the enclosed sketch for clarification of 1A-C above. This sketch corresponds to the map given to you at the meeting.) The Planning Board is reviewing the map dated October 23, 1991 for yield purposes only. However, we find that we can not proceed with our review o~ this five lot subdivision for the following reasons: One of the lots (Lot Number 3) in the proposed subdivision does not meet the lot area requirements for the R-80 Zoning District. The map does not show land for drainage purposes as required by the Subdivision Regulations. A copy of this letter will be sent to the Zoning Board of Appeals to advise that Board that the Planning Board will be requiring a clustered layout for the site. In addition, the following items are required to complete the Planning Board's file: 1. Authorization from the owners of the property for you to act as their agent during the subdivision process. 2. The metes and bounds description submitted with the application does not reflect the metes and bounds description on the map. One or the other must be corrected. Maps depicting the four (4) lot cluster subdivision must be submitted before the Planning Board will schedule the proposal for a sketch plan determination. However, the Planning Board will be starting the SEQRAlead agency coordination process upon receipt of the information necessary to complete the file (Numbers 1 and 2 above). Please note that when the SEQRA review is started, the Long Environmental Assessment Form will be forwarded to the Planning Board's Environmental Consultant for review. Your client will be required to pay the $400 review fee before the consultant will proceed with his review. Please contact this office if you have any questions regarding the above. .y truly Zou~s, G. Ritchie Latham Planning Board Member (Chairman Orlowski has abstained from review of this subdivision) enc. cc: Gerard P.Goehringer, Chairman, Zoning Board of Appeals'/ RAYMOND L. JACOBS SUPERINTENDENT OF HIGHWAYS 765-3140 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD JAMES A. RICHTER ENGINEERING INSPECTOR 765-3070 March 25, 1992 Bennett Orlowski, Jr. Chairman, Planning Board Town Hall, 53095 Main Road Southold, New York 11971 RE: Major Subdivision Harbor Park Homes SCTM9 1000-97-6-17 1000-103-1-20.5 & 20.6 Dear Mr. Orlowski, Jr.: I have been asked by your office to review the Yield map for the above referenced subdivision with regards to maintaining open land for drainage purposes. The Town Highway specifications require recharge basins for all subdivisions in excess of 8 acres. This project consists of 9.04 acres. Therefore, a recharge basin should be provided. An area of 120' X 120' would be sufficient to construct an adequate basin to handle any surface water runoff generated on site. In this case, however, the existing site conditions as well as additional Planning Board requirements may lend itself to design modifications. The site in general is relatively flat and in its natural vegetated state will not generate a great volume of surface water runoff. All of the proposed lots will have frontage on existing Town roads where drainage rings, could be installed in lieu of the recharge basin. The Planning Board has also asked for a clustered design with several acres left in their natural state. Depending on the final design (i.e. number of lots, area to be left undeveloped, etc.) it may be possible to eliminate the recharge basin. If you have any questions concerning this matter please contact my office. cc: Raymond L. Jacobs File James A. Richter, R.A. RICHARD F. LARK March 12, 1992 Southold Town Planning Board Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 RE: Subdivision for "Harbor Park Homes" SCTM #1000-097.00-06.00-017.000 and SCTM #1000-103.00-01.00-020.005 and 020.006 Dear Members of the Planning Board: I have received notice from the Board of Appeals that they are going to conduct a public hearing on the above- captioned application, on March 25, 1992 at 8:00 p.m. This hearing is a result of the Petition to the Zoning Board of Appeals dated November 4, 1991. So you might understand the application I am enclosing a copy for your review. Simultaneously with filing the variance request, a subdivision application for five lots was made to the Planning Board. On December 9, 1991 I appeared before the members of the Planning Board and explained that an area variance had to be obtained for proposed Lot 3. At that meeting the members of the Board indicated, for reasons that were not clear, they were not in favor of a five lot subdivision but wanted a cluster four lot layout with a "so called" tap road to land of Pung. After members expressed displeasure with this subdivision application Bennett Orlowski excused himself and then members Mark McDonald and Richard Ward indicated nothing could be done with the subdivision application until the yield question of four or five lots was decided by the Board of Appeals. This approach seemed fair enough since it was obvious the Board members, with the exception of Mr. Orlowski, had not been to the property and it would be best to allow the Zoning Board of Appeals to determine the density for the property since portions of it were in a R-40 District. Subsequently, I was surprised to learn that the Planning Board has attempted to influence the Zoning Board of Appeals by indicating it was not in favor of a five lot subdivision and as a result of communications between the Planning Board and the Zoning Board of Appeals I was informed the Planning ,% Southold Town Planning Board -2- March 12, 1992 Board had requested a cluster development for the project. Upon review of Article XVIII of the Southold Town Zoning Code it is clear the applicant's property does not meet the requirements or purposes for a cluster development as set forth in the code. In addition taking into consideration the surrounding neighborhood, the use of the cluster develop- ment for the purpose of creating open space which will be nothing more than a waste land, is totally inappropriate. However, to accommodate the requests of the Planning Board the surveyor made a revised plan to include a "tap road" to land of Pung. Unfortunately this ]ayout~ whether it is a four or five lot subdivision, would require three variances instead of one. Faced with this dilemma the Board of Appeals is having its hearing on March 25th for both plans. Since the members of the Planning Board have expressed their displeasure toward this subdivision, I think fair play demands to have a member of the Board present at the public hearing before the Zoning Board of Appeals to present reasons for their views. RFL/bd Enclosure ~cc. Southold Town Board of Appeals Very truly yours, Richard F. Lark PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 7654938 TO: FROM: DATE: RE: PLANNING BOARD OFFICE TOWN OF SOUTHOLD Gerard P. Goehringer, Chairman Planning Board (Chairman Orlowski has abstained from review of this subdivision) March 6, 1992 Proposed Major Subdivision Harbor Park Homes SCTMg1000-97-6-17 and 91000-103-1-20.5 & 20.6 ZBA Appl. No. 4070 Dalchet Corp., and Others SCOFF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 The Planning Board has reviewed the map dated February 5, 1992 for the above mentioned subdivision proposal. The Board is not in favor of the five (5) lot cluster subdivision. The map dated February 5th does not conform to the Planning Board's letter of December 20, 1991 to Richard Lark and the concept plan included with that letter. In addition to including a fifth lot, the map does not indicate land for drainage purposes. The Board requested that the subdivision be clustered with one "large lot" in order to preserve an area of useable open space. The five (5) lot clustered layout shown on the February 5th map does not achieve this purpose. The Board would be in favor of the design shown on the February 5th map subject to the merging of Lots 4 and 5 and a requirement that there be no construction outside of the building envelope indicated for Lot 5. cc: Richard F. Lark APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, ,Ir. Serge Doyen, ,Ir. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 ".T. BOARD OF APPEALS TOWN OF SOU~OLD 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 INTER-DEPARTMENTAL MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Board Board of Appeals February 24, 1992 Your File - Dalchet Corporation, et al. 1000-097-6-17 and 1000-103-1-20.5 & 20.6 Please find attached a duplicate print of the "sketch plan" of the proposed subdivision map of "Harbor Park Homes" as amended February 5, 1992 (which may already be a part of your file since Mr. Lark's submission on February 21st). It is our understanding that this is the alternative plan prepared in accordance with the Planning Board's request to cluster this project. You will note that the layout provides for five lots and that the premises is partly located in the R-40 and R-80 Zone Districts. It would be appreciated if you would furnish this alternative plan to the Planning Board members for their comments (if any) at the next Planning Board work session or meeting. In the event the Planning Board members have objection to the general lot-line layout, please let us know within the next 21 days (if possible). If the Planning Board would prefer a different layout, different from the first and second plans, please contact the applicants' attorney, Mr. Lark, directly. If we do not hear from you, we will assume you have no objections to the general layout and the variance application will be held for a public hearing at the next hearings calendar. We will await your comments, if any. Thank you. Attachment 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 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 February 24, 1992 Richard F. Lark, Esq. P.O. Box 973 Cutchogue, NY 11935 Re: Appl. No. 4070 - Datchet Corp. and Others Pending Subdivision - Harbor Park Homes Dear Mr. Lark: Upon receiving your February 21, 1992 letter with attached print, we sent a memorandum to the Planning Board requesting that the February 5, 1992 map be furnished for the Planning Board Members at their next work session or meeting. The Planning Board may wish to further comment within the next couple of weeks, and we will provide you with copies when received. You should feel free to contact the Planning Board Office directly if you prefer. Very truly yours, lk GERARD P. GOEHRINGER CHAIRMAN RICHARD F'. /ARK CUTCHOGU£, NEW YORK 11935 February 21, 1992 Zoning Board of Appeals Town of Southold - Town Hall 53095 Main Road Southold, New York 11971 ATT: Linda Kowalski, Secretary RE: Dalchet Corporation and William & Lorraine Orlowski SCTM ~1000-097.00-06.00-017.000 and SCTM #1000-103.00-01.00-020.005 and 020.006 Dear Mrs. Kowalski: Pursuant to our recent telephone conversation I am enclosing a print of the Sketch Plan of Subdivision Map of "Harbor Park Homes", amended Feb. 5, 1992, which was forwarded to me by the surveyor. After you have had a chance to review same kindly give me a call. RFL/bd Enclosure cc. Southold Town Planning Board Very truly yours, /~ ".;-3. ~-~ 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 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 January 24, 1992 Richard F. Lark, Esq. P.O. Box 973 Cutchogue, NY 11935 Re: Appl. No. 4070 - Dalchet Corp. and Others Pending Subdivision - Harbor Park Homes Dear Mr. Lark: This will confirm our communications recently that since the Planning Board, in its December 20, 1991 letter, have requested a clustered layout, that you will be submitting an alternative (cluster) sketch for consideration by the Planning Board. Upon receipt of the sketch by both the Planning Board Office and Zoning Board Office, it is expected that a new preliminary review would be made by Members of the Planning Board, shortly setting forth their coK~ents in writing to you. When you have received the Planning Board's comments on the cluster layout, we will plan to advertise the variance request for a public hearing for the next upcoming hearings calendar. If necessary, we may have to ask that a representative from the Planning Board office attend the _-"variance hearing, depending on the outcome of their preliminary review and comments. We are providing the Planning Board with a copy of this letter for their update and recordkeeping purposes. Very truly yours, GERARD P. GOEHRINGER ,,~- CHAIRMAN cc: Planning Board RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD - R O, BOX 973 CUTCHOGUE, NEW YORK 11935 TELEPHONE 516 734-6807 December 13, 1991 Zoning Board of Appeals Town of Southold - Town Hall 53095 Main Road Southold, New York 11971 ATT: Gerard P. Goehringer, Chairman RE: Dalchet Corporation and William & Lorraine Orlowski $CTM #1000-097.00-06.00-017.000 and SCTM ~1000-103.00-01.00-020.005 and 020.006 Dear Mr. Goehringer: Pursuant to your request in your letter of December 6, 1991 I am enclosing a disclosure affidavit listing all of the individuals who have an interest in the land which is the subject of this variance. You should also be advised the undersigned met with the Planning Board on December 9, 1991 to discuss the layout of the subdivision. The Planning Board indicated they do not want to discuss the subdivision layout until the question of the yield of five lots is resolved with the variance application to the Board of Appeals. If you have any questions, do not hesitate to contact me. RFL/bd Enclosure Very truly yours, /Richard F. L~rk TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, NEW YORK: STATE OF NEW YORK: : COUNTY OF SUFFOLK: ss. CHESTER ORLOWSKI, being duly sworn, deposes and says: This is to certify the following have an interest in the property, which is the subject of this variance application: 1. Dalchet Corporation, by deed dated March 22, 1961 and recorded on March 27, 1961, in Liber 4964 Page 363. The share- holders of Dalchet Corporation are as follows: Chester Orlowski Pequash Avenue Cutchogue, New York 11935 Albert Orlowski Main Road Cutchogue, New York 11935 2. William Orlowski and Lorraine Orlowski, his wife, residing at 218 Carlton Road, Millington, New Jersey 07946, by deed dated September 26, 1977 and recorded on October 7, in Liber 8321 Page 434. 1977, Chester Orlowski Sworn to before me this ~0~ day of December, 1991 Notary Public ~V~RB ~gA O~.¢HUDt Notary' Pu~o:ic, gt~o el New Yo~ No. 463,51 g0, Su;lo~ County TOWN CLERK TOWN OF SOUTHOLD Suffolk County, New York Phone 516-765-1801 $outhold, New York 11971 Date 41488 Judah T. Terry, Town Clerk I )95 Main Road ~x 1179 v York 11971 ~lc~ara F. Lark, Esq. P.O. Box 973 Cutchogue, NY 11935 Re: Appl. No. 4070 - Dalchet Corporation, and Others Dear Mr. Lark: This letter will acknowledge receipt of the above application and confirm that our office has requested a review for preliminary comments on the proposed subdivision map with the Planning Board, who also has received an application as of November 25, 1991. Board Members will be conducting field inspections and other reviews as may be required by State and local laws prior to advertising this matter for public hearing. [~ ' In the interim, please provide us with a Disclosure ~)Affidavit for the record listing all individuals havin an ~'~ ,~interest in Dalchet Corp. and this project, g ' ~''~l~l Please feel free to call at any time if you have questions. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski P.S. By way of a copy of this letter., we are requesting that the Planning Board commence formal reviews of the subdivision applica- tion (and SEQRA) and submit comments to you directly, with copies to our office, within the next 30 days. To: Planning Board sCOTT L. HARRIS suPERVISOR FAX (516) '/65 - 1823 TELEPHONE {516) '/65 - 1800 BOARD OF APPEALS CHAIRMAN GERARD P. GOEHRINGER 7BS-1_809 OFFICE OF THE ~31~ARO TOWN OF soUTHOLD Town Hall, 53095 Main Road P.O. Box I179 Southold, New York 11971 OF APPEALS December 6, 1991 Richard F. Lark, Esq. p.O. Box 973 Cutchogue, NY 11935 Re: Appl. No. 4070 - Dalchet corporation, and others Dear Mr. Lark: ThiS letter will acknowledge receipt o~ the above application and confirm that our o~ice has reqUested a review for preliminary comments on the proposed subdivision map with the planning Board, whO also has received an application aS o~ November 25, 1991. Board Members will be conducting ~ield inspections and other revieWs as may be reqUired bY state and local laws priOr to advertising this matter for public hearing. ~n the interim, please provide us with a Disclosure A~idavit ~or the recOrd listing all individuals having an interest in Dalchet corp. and this project- please feel ~ree to call at any time i~ you have qUestionS- yourS very trulY, GERARD P- GOEHRTNGER By LindaKowalski re requesting that the -~ ~h~s letter, we~a~ =,h ivision app~ica- P.S. By way of a copy o~al reviews oz ~= ~ d with copies planning Board commence zo~, ~ tion ~and sEQRA) and submit comments to you directly, to our office, within the next 30 dayS. To: planning Board Law and thc Code of the. Town of Smlthold. the following mailers will X, Section 10~l[B(12) for a pcmfit author Ang: (a~' ,ew car sates eslab- accca-sory usc incidental to thc pro- (5) 8:00 p.m. AppI. No. 4070 -- DALCIIET CORP., WILl.lAM AND LORBAINE ORLOWSKI. Variance u) the Zoning Ordinance, Aaicle BI, Section 100-32. Bulk Schedule, for approval of: (1) proposed Lo{ No. 3~ containing less dtan SO,O{X) sq. ft. in this R-80 zone district {the r*maining four lots will meet tile 80.0~0 sq. ft. size requirc~ncnt}, and/or: (b) AMc. lc XVIB, Section 100-181C(2) for ap- proval of thc total arr~ of 9.04 acres for a density of five proposed lots itl this mixed 11.-110 and 1{.40 Zone Dis- side of I Iarlx}r L~anc. Cutchogue. NY; County Tax Map Parcel No. 1000- 097-6-17 and 1000-103-1-20.5 and 20.6. containing a total area of 9.04 (6) 8:20 p.m. Appl. No. 3975 -- ARTHUR G. CARLSON. 'llris is an Disapproval from the Building In- III, Scctic~ 100-31A(2) for approval of a wholesale shellfish distribution rural uae falls wilbin thc purview of locatod in the Agrieuhural-Conserva- $outhold. NY; Coumy Tax Map Par- eel No. 1000-60-04-23; also known Judith T. Terry approved by tim Southold Town Planning Board ql~¢ Board of Appeals will at said time and place bear any and ail lX:r- 765-I 809 or visit o~r office. BY OF. DER OF TIIE SOUTIIOLD 3OWN BOA/ID OF APl'HALS By L/nda Kowalsld I STATE OF NEW YOl~q: r COUNTY OF SUFFOLK) ~k~c O0 B/i/'--C~ J t~ of Uattituck, III ~ ~un~ being dulx sworn, ~ that he/shin ~ Principal Clerk of THE SUFFOLK TI~E$~ ~ ~eeklx Newa~a~eh publ~hed at Mattltuc~ In the Town of SouthoM, Coun~ of Suffolk and State of New York~ mn~ t~t the Notice of which t~ a~exed ~ a print~ co~, ~ b~n re~ul~ ~bli~ed In said Newspaper once each week for ~ weeks s~Y, commencing on the19~ 1~ dayo, Principal Clerk Sworn to before me this dayo, ~/~& 19 ~,~WiLtiAUC. AR^~4EO FROM: RICHARD F. LARK ATTENTION.* ~ar~ Ann. Cybulski TO: Zoning_Boa~_of~.App~a~ Town of Southold - Town Hai~ - 53095 Main Road Southold, New York 11971 MESSAGE Dea~rs..Cyb~lski: w Purg~ant t° ygpr rg~quest~I am enclosing a COPY of the Notice of Disapprg¥91 da~ed Sep~embe~ 20, !99~? Very truly yours, Richard F. Lark (bd) REPLY SUBJECT: Datchet Corporation (~ #1000:Q97.00:06.,QQr017.000. ~ 1000ri03.00-0!. 00-020.0Q~ and 02Q,006) SIGNED: THIS COPY FOR PERSON ADDRESSED RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD - R O BOX 973 November 20, 1991 Zoning Board of Appeals Town of Southold - Town Hall 53095 Main Road Southold, New York 11971 RE: Dalchet Corporation and William & Lorraine Orlowski $CTM 91000-097.00-06.00-017.000 and SCTM 91000-103.00-01.00-020.005 and 020.006 Gentlemen: In connection with the above-captioned matter, enclosing the following: 1. Appeal from Decision of Building Inspector, in triplicate. I am 2. Short Environmental Assessment Form. 3. Questionnaire. 4. Notice to Adjacent Property Owners with proof of mailing. Four (4) prints of Sketch Plan of Subdivision Map of "Harbor Park Homes" Made for Dalchet Corp. prepard by Roderick Van Tuyl, P.C. dated June 20, 1991 and amended Oct. 23, 1991. Check No. 705 of Dalchet Corporation payable to Southold Town Clerk in the amount of $300.00. If all is in order, would you kindly place this matter on the next available Board of Appeals agenda and notify me of the date and time. If you have any questions, do not hesitate to contact me. RFL/bd Enclosures Very uly yours, VRichard ~ ~Lar k Southold Town Board of A~peals Individual Files and Board Members Town Clerk Bulletin Board Mr. Robert T. Bayley, A.I.A. (Re: Kanev) 150 Lakeview Terrace, Box 595, East Marion, NY Demetrios R. Halikias, Esq. (Re: Coutsouros) Peachtree Executive Park, P.O. Box 209, Richard F. Lark, Esq. (Re: Dalchet Corp. P.O. Box 973, Cutchogue, NY 11935 William C. Goggins, Esq. (Re: Carlson) McNulty - Spiess, 633 East Main St., Box 757, Riverhead 11939 Riverhead 11901 & Orlowski) Mr. Arthur G. Carlson, P.O. Box 673, Southold, NY 11971 Mr. Andre Moraillon (Re: Carlson) 225 Central Park West, Apt. 1107, NY, NY 10024 Mr. Frank Flynn, P.O. Box 144, Southold, NY 11971 Mr. and Mrs. Theodore Klos, 475 Akerly Pond Lane, Southold 11971 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 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 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. A drafted or final written copy of your presentation, if lengthy, is always appreciated. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, GERARD P. CHAIRMAN GOEHRINGER By Linda Kowalski Enclosure 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 December ~PE II ACTION DECLARATION 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 16, 1991 Appeal No. 4070 . Project/Applicants: DALCHET CORPORATION-~ILLIAM & LORRAINE 0RLOWSKI County Tax Map No. 1000- 97-6-17 and 103-1-20.5 and 20.6 Location of Project: Harbor Lane, Cutch0gue Relief Requested/Jurisdiction Before This Board in this Project: Subdivide intd five lots one of which is less than 80,000 sq.ft. This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Enviroru~ental Quality Review Act of the Envirornuental Conservation Law and Local Law ~44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been s~mitted with the subject application indicating that no significant adverse environmental effects are likely to occur should the project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of ~Fpe II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's int~est as an involved agency under SEQRA 617.2jj. For further information, please contact the office of the Board of Appeals, Town Hall, Main Road, Southold, b~ 11971 at (516) 765-1809. tr 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: DATE: RE: Zoning Board of Appeals Office of the Town Clerk November 25, 1991 ZONING APPEAL APPL. NO. 4070-DALCHET CORP. & WILLIAM & LORRAINE ORLOWSKI Transmitted herewith is Zoning Appeal Appl No. 4070-DALCHET CORP & WILLIAM & LORRAINE ORLOWSKI together with a letter from Richard F. Lark, the Notice of Disapproval from the Building Department, a Short- Kut Note from Richard F. Lark, Notice fo Adjacent Property Owners Short Environmental Assessment Form, Questionnaire from the Zoning Board of Appeals, and a Copy of the Sketch Plan. Judith T. Terry Town Clerk V 617.21%. SEQR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM· For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be comoleted by AoDlicant or Project sDonsor) ~CORPORATI~ ~~1 Harbor Pa~ PROJE~ LOCATION: ~u,~c~,,~ Town of Southold C~u,~ of Suffolk ~o[ 017.000 a~ D~s[~c~ [000, S~c[~o~ [03.00, 9[oc~ 0[.00, ~o~s 020.005 a~ 0~0.006) 5. is PROPOS~ AC~ON: 6. DESCRI8~ PRO~ECT BRIEFLy: Application for a major subdivision into five residential lots. ?. AMOUNT OF LAND AFFECTED: ~ InBiallv ___.9 . 04 -- acres UIIIma/etv 9.0 4 __ acres [] Agriculture ~ Park/Fo,esflODen space [~ Otl~e~ 10. DOES ACTION INVOLVE A PERMIT AP-~ROVAL. OR FUNDING. NOW OR ULTIMATELY FROM ANy OTHER GOVEBN~"EENTAL AG~-NCy (FEDERAL, STATE OR LOCAL)? [] Yes [~ NO If yes. list agency(s) and permiuap;rovals Southold Town Planning Board - Major Subdivision Approval Suffolk County Health Department - Article 6 Approval ti. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?~ 12. AS A RESULT QF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE kfODIPfCA]'JON? ( CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRU D CORi~ORATi · % % \~:| ~nesr_er or,ows~3_, ~n~.~%(Je~l:l--~ D~,o: 11/4/91 agency, complete th~ Coastal Assessment Form beloro proceeding with th' ~essme-* OVER I (Co~t5~v~ c~ ..... · (a; In--Order to answer the questions in this short EAF it is ass~ed thau the Preparer will projecu ~d ~e likely impacts of ~e action. It is not expected that additional studies, resear~ o= O~er investiqations Will be undertaken. (b) If ~y question has been answered Yes th~ project may be I~ all questions have been ~Swered No it is likely ~a= (d} E~vfronmental .- 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land~ ~Yes X NO 2. Will there he a major change to any unique or ~es X ~o 3. Will projec~ alter or have a [arge effec~ on ~Yes 4. Will projecu have a Potentially large, imuacu on groundwater qual~y? ~Yes X No 5. Will project significantly effect drainage flow ~Yes X No plantpro]ect 61 Will affec~ any threatened or endangered ~Yes X No 7. Will projec~ resul~ in a major adverse effec= on azr quality? 8. Will ~roj~cu have a major effect on visual char- Yes ~own to be import~ to the Co--unity? ~es 9. Will project adversely imgac= any Site or Struct- envlrCamental area by a local agency? ~es 10. Will ~roject have a m~jo= effect on existing or ~es ~o 11. Will project result in major traffic problems or ~es ~o 12. Will project regularly cause objectionable odors, 13. Will Project have any impact on public health or ~4. Will project affect the exis~inq CO.unity b~ charact~ of the com~u~x~y or neighborhood? "reparer,~ SiSna~ure: D~ ~TION %e X QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the dwner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) Dalchet CorDoration Owner Willi~Orlowski &LorraineOrlowski Owner B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { } Yes ( X} NO. (If Yes, p]~- attach c~pyof "condit_i~ns" of sa~e.) C. Are there m~l~roposals to =hange=r alter land uonteurs? { } Yes {x} No DJ 1. Are there any areas which contain wetland grasses? No 2. Are the wetland areas shown on the map submitted with this application? 3. Is the property bulkheaded between the wetlands area and the upland building area? No 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? N/A E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? N/A (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which e~mt and are not shown cn the survey map that you arm submitting? None If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? No If yes, please explain where or submit copies of deeds. parcel Vacant Land Please list present use or operations conducted at this and proposed use One-familv dwellinas DALCHET CORPORATION Auf-h-6rized Signature and Date Chester Orlowski, President 3/87, 10/901k ._~-Will~am~lowski Lorraine Orlowski § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Tmsteea of the Town of Southold. [Added ~-5-84 by L.L. No. 6-1984] WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L..L. No. 6-1985]: TIDAL WETLANDS: (1) All lands generally covered or intermittently coy- ered with, or which border on. tidal water~ 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, fiats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, fiats 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, groundsel, marshmallow (3) All L~nd immediately ~djacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24, Ti- tle 1. § 24-0107, Subdivisions l(a) to l(d) inclusive. of the Environmental Conservation Law of the State of New York; and (2) All land immediately adjacent to a "freshwater wet- land." as defined in Subsection B(1) and lying ~vith- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 s.2s-ss 08-El o.~ TOWN OF SOUTHOLD PROPERTY RECORD CARD /'~ o ,, -/o.~ - / ~ ~ OWNER STREET VILLAGE .r, r ~',,.,:/ DIST. SUB.; LOT FORMER OWNER %~Z~T E~' O~-J~ ~ ~, S W TYPE OF BUILDING ~ND IMP. TOTAL DATE R~RKS z ~3zz '.': FRONTAGE ON ROAD [~ {eadowlond ~ '~ DEPTH a ~. ~; louse Plot ,, ~ ~ ..... ?~ BULKH~D I IO~ ~ ' I(~_~ - / _ ~_<~.~L~ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER LAND IMP. ACR. TYPE OF BLD. PROP. CLASS TOTAL DATE REMARKS FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD SUB. LOT ] //' J TILLABLE WOODLAND MEADOWLANI HOUSE/LOT TOTAL APPEAL BOARD MEMBER Robcr~ W. G[ll~s~ie, Jr., Ch~irr:'~n Robert ~crscn Ch~rlcs Sc~e Doyen, Jr. Fred ~uls~, MINUTES Southold Town Board of Appeals May 23, 1974 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M. (E.D.S.T.), Thursday, May 23, 1974, at the Town Office, Main Road, Southold, New York There were present: Chairman; Robert Bergen; Jr. Messrs: Robert W. Charles Grigonis, Gillispie, Jr., Jr.; Fred Hulse, Absent: Mr. Serge Doyen, Jr. C THE CHAIRMAN: The decision of the Board of Appeals on Appeal No. 1809, Dalchet Corporation, which had a rehearing on May 2, 1974, was postponed until 7:30 P.M. tonight. The Appeals Board should not be involved in a variance yielding a larger number of lots. Together we have worked out a formula. Basically, there shall be no more substandard area lots in the Dalchet Corporation property other than this one. If the Dalchet Corporation sells any more lots, they will have to have an area that shall be equal to or larger than the area the Town now requires. RICHARD CRON, ESQ.: There are quite a few lots along Harbor Lane that have been sold. THE CHAIRMAN: What you are proposing is to sell off a 13,000 sq. ft. lot. That deficiency will have to be made up with one or more of the remaining lots. Southold Town Board of Appeals -2- May 23, 1974 MR. CRON: Frankly, there is not that much left out of the whole thing. I think five acres have been sold. I believe the rest will be sold as four or five acres. THE CHAIRMAN: The deficiency of the lot area will be made up by the remaining lots. The remaining lots will have to be enlarged to pick up the 27,000 sq. ft. MR. CRON: sell a four or you stipulate. That should not be any problem if they five acre piece with the provisions that THE CHAIRF~N: Is this particular sale going to go through? MR. CRON: Yes. After investigation and inspection the Board finds that applicant requests permission to set off existing dwelling on lot with insufficient area and frontage located on the south side of Main Road, Cutchogue, New York. The findings of the Board are that the unusual configuration of the applicant's property, the location of the barn and irrigation facilities, and the location of the original farm dwelling, do, in fact, create unusual and unique difficulties. The Board also finds that granting the applicant's request to sell off existing residence with an undersized lot would not change the character of the neighborhood provided that conditions are imposed to assure the maintenance of density requirements of the Town. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; 'the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Dalchet Corporation, Pequash Avenue, Cutchogue, New York, be GRANTED permission to set off existing dwelling on lot with insufficient area and Southold Town Board of Appeals -3- May 23, 1974 frontage on property located on the south side of Main Road, Cutchogue, New York, as applied for, subject to the following conditions: That the Dalchet Corporation shall furnish three (3) copies of survey showing all of the Corporation's property under application as of date of Rehearing of Appeal No. 1809, May 2, 1974, and defining the lot to be set off for sale. Future sales of all, or any part, of the land remaining to Datchet Corporation shall be approved by the Board of Appeals. The purpose of imposing this condition requir- ing approval of the Board of any future sale is to assure that the substantial area deficit, of more than 20,000 sq. ft., created by setting off lot, in the present Action, is compensated for and corrected by increasing the size of any future tract or tracts which may be sold or set off. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. Southold Town Board of Appeals -6- May 2, 1974 7:45 P.M. (E.D.S.T.) Rehearing, on motion of the $outhold Town Board of Appeals, of application of Dalchet Co~poration,~l~% Pequash Avenue, Cutchogue, New York, for a variance in accord- ance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule for permission to set off existing dwelling on lot with insufficient area and frontage. Location of property: south side Main Road, Cutchogue, bounded north by Main Road; east by other land of applicant; south by other land of applicant; west by A. Luglio (formerly Orlowski). THE CHAIRMAN: I think we can dispense with the reading of the application. MR. RICHARD J. CRON, Attorney: I have no objection. THE CHAIRMAN: Briefly, the applicant requests a variance for permission to set off existing dwelling on lot with in- sufficient area and frontage. The Board of Appeals disagreed with the applicant's reasoning and decided against the applicant. The Supreme Court upheld the Board's decision. Then, Judge Geiler vacated the decision of the Court dated October 30, 1973 and granted motion by petitioner for re- argument. "The Respondents denied Petitioner's application for an area variance. The Court after hearing arguments on this application is of the opinion that the Respondent Board was not given all of the facts on which to base its opinion. This Court does not wish to substitute its judgment for that of the Respondent Board and this matter is therefore remanded to the said Board for a new hearing." This is how the matter stands at this moment. I believe Mr. Yakaboski of Smith, Tasker & Finkelstein was to have been here tonight too. MR. CRON: The last time I discussed this with him I told him I wanted to put it on for a rehearing. THE CHAIRMAN: We wrote him on April 29th reminding him of the rehearing. Basically, for the information of the rest of the Board, Dalchet Corporation owns approximately 20 acres and proposes to set off a lot which will have the original homestead on it on a parcel of 100 feet by 117 feet (105 feet at the rear), which amounts to approximately 13,200 sq. ft... As I recall it, the people who were going to buy this property did not want or need 40,000 sq. ft. MR. CRON: It is true that at one time there were 20 acres of land here. There are quite a few parcels that have been parceled out on Old Harbor Road. The big problem with this is not that you are dealing with 12 or 14 acres. (Mr. Cron and the Board studied the map). I argued this before the Supreme Court. There is no way you can consider the lands to the rear of the barns. It is economically unfeasible to do anything with the barn. It constitutes a substantial Southold Town Board of Appeals -7- May 2, 1974 difficulty. It is not a "use" variance, it is an "area" variance. All you have to show is that there is'some practical difficulty. I tried to get across to the Board that there is a substantial difficulty. There would be a substantial difficulty to give 40,000 sq. ft. because you can't go back anywhere. It is economically impossible to move this barn. It's on a 6" concrete slab. It's a tremendous practical difficulty to run a line across here to Harbor Lane (referring to map) when you have a dwelling here. We would have to run 184 feet to satisfy 40,000 sq. ft. THE CHAIRMAN: I agree but one of the things that we are up against is that four out of five farms have limited road frontage. I have discussed this with Mr. Wickham, M~. Martocchia, and Mr. Tasker, today. This is a hardship that 'is not unique to this farm. Everybody in the Town of Southold has to have 40,000 sq. ft. Perhaps this should be referred to the Planning Board for their advice. MR. CRON: I thought it was better to parcel out this and set off the existing dwelling. If we were to do what you propose we would still have to go in and get a variance. THE CHAIRMAN: Not everything fits the Master Plan. That's why you have a Board of Appeals. You have bays and creeks and roads that don't fit this Master Plan. You are not going to be able to get away with furnishing less than 40,000 sq. ft. Because you have 12 acres, you have to do it. MR. CRON: From a practical point of view, it is im- possible. If we were dealing with vacant land, I would agree. However, we are dealing with an existing dwelling. We can't go back any further because of the barn. I think it is asking too much. This house will be way in the corner. THE CHAIRMAN: Suppose it was in the middle? MR. CRON: (Referring to sketch) You would destroy this whole piece in here. THE CHAIRMAN: If you are going to create one hardship lot here you are going to have to furnish compensating acreage in the rest of the subdivision. The reason is to protect the water supply in the Town of Southold. You can't go against this concept. MR. CRON: I think there is a basis in law in terms of practical difficulty. I don't know why you are so concerned as to what has to be done with the rest of this land. Southold Town Board of Appeals -8- May 2, 1974 THE CHAIRMAN: It's part of our job. MR. CRON: It's also your job to relieve certain situations. THE CHAIRMAN: The only way we could do it would be if it were related to the other property so that enough land would make up for this deficiency. MR. CRON: I can't give you an answer. I have to look at what can be done now. I think this Board can grant. If we prolong this line (referring to sketch) we would be dealing with an area of 57,000 sq. ft. MR. BERGEN: Would that take in the barn? MR. CRON: This entire area takes in 57,000 sq. ft~ I thought it would be feasible to set off the existing dwelling leaving an area of 40,000 sq. ft. THE CHAIRMAN: It would be easier but I don't know how we can do (The Board and Mr. Cron discussed the map). MR. CRON: I think the vacant land should be left with what now meets the Ordinance. It seems to me that it makes more sense than to try to run this land way over here in order to satisfy an area requirement of 40,000 sq. ft. I think it makes more sense to leave 40,000 sq. ft. and have the rest go with the house. I can't get 40,000 sq. ft. because I would have to take the barn out of it. I can't set this house on more than 17,000 sq. ft. in order to have 40,000 sq. ft. left. How do you do this with the barn sitting here? THE CHAIRMAN: I don't know how to do it without giving you something that is denied to everyone else. We grant variances where a lot is in single and separate ownership and where the surrounding lots are smaller. MR. BERGEN: In some cases the applicants bought four or five lots about fifteen years ago and they want to make two lots out of it. MR. CRON: A few years back if we set this off no one would have said anything against it. Southold Town Board of Appeals -9- May 2, 1974 THE CHAIRMAN: You can't do that now. The Qnly relief would be if you set up a subdivision which would compensate for what you are going to take away from the Town. MR. CRON: You talk about "taking away". THE CHAIRMAN: We have to base our decision on 40,000 sq. ft. MR. CRON: many years. It's a residence existing for I don't know how THE CHAIRMAN: I don't know how we can help you. MR. CRON: There is substantial difficulty when we can't feasibly go to the rear, and it's not feasible to go to the east along the Main Road. THE CHAIRMAN: There are probably hundreds of situations like this. We have been advised that we can't do it. We thought that maybe you had something else in mind. THE~ CHAIRMAN: Does anyone else present wish to speak for this application? MRS. G. FOGARTY: We rent the house. We have lived in this house for ten years and have always wanted to purchase it. It's one of the reasons why we rented it. The land has always been adequate. THE CHAIRMAN: I think a lot of people would prefer not to have 40,000 sq. ft. That's why there is a push for multiple residence. MR. FOGARTY: You can't visualize the scene at all by looking at a map. THE CHAIRMAN: I have been there several times. I am thoroughly familiar with it. MR. CRON: I don't know of any alternative other than filing some kind of map. Maybe the Board can enlighten me as to what you mean when you say "you have no jurisdiction". You say that "granting this variance would be exceeding the powers of the Board of Appeals". THE CHAIRMAN: We have to work within the requirements off,the Ordinance. The Board is restricted to granting only where unusual or unique hardship is shown and where granting will not change the character of the neighborhood. If those requirements are fulfilled, we can act. A simple example would be if you have 100 acres and you wanted to put a farm- house on 12,500 sq. ft. Southold Town Board -of Appeals -10- May 2, 1974 MR. CRON: It is a unique situation. THE CHAIRMAN: There are a lot of farms in the area that have small road frontages and to cut out 12,500 sq. or 13,000 sq. ft. out of road frontage would negate the affect of the Ordinance as far as the 40,000 sq. ft. re- quirement is concerned. ft. MR. CRON: Other matters in this Town have no bearing on this petition. I could make comments as far as density is concerned. I don't see the validity as far as the character of the area being changed. THE CHAIRMAN: I was giving you our requirements. I agree that it would not change the character of the neighbor- hood but I do not agree that this is a unique or unusual hardship. MR. CRON: I think all we must show is that this is a practical difficulty. We are dealing with an "area" variance and less is required in terms of granting an area variance than is required for a use variance. This area contains a number of lots that are about 14,000--sq. ft. We are not deviating substantially. THE CHAIRMAN: Our problem is that the sellers are the owners of 12 or 14 acres. MR. CRON: If there were nothing behind the existing dwelling it would be another story but, because there is a barn, it is economically unfeasible. We have an inter- vening facet here. It would be like having a 10 foot strip of land. THE CHAIRMAN: Where do you draw the line? I would be willing to postpone a decision on this. MR. CRON: Could I talk to the Town Attorney? THE CHAIRMAN: Yes. MR. CHARLES GRIGONIS, JR.: I think that's a nice corner lot. I would like to see it kept as it is. THE CHAIRMAN: If you created a 40,000 sq. ft. lot on the corner, and leased back, you might help them pay for the land. MR. CRON: I don't think so much should be predicated on 40,000 sq. ft. THE CHAIRMAN: I would agree if you did not have 12 acres. Southold Town Board of Appeals -11- May 2, 1974 MR. CRON: There are 12 acres but it's not feasible to parcel out 40,000 sq. ft. and it's a practical difficulty on the road. You have 287 feet of road frontage with a house in the corner of that property so in order to meet the existing Ordinance you have to give another 187 feet of frontage.., to give up 187 feet of road frontage as against depth. THE CHAIRMAN: The road frontage is more valuable than the rear. That's not one of the criteria you can base a decision on. MR. CRON: Not only is there practical difficulty but it is an economic hardship. A great amount of road frontage would have to be given up to meet 40,000 sq. ft. THE CHAIRMAN: Does anyone else wish to speak for this application? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals reserve decision on rehearing of Appeal No. 1809, Dalchet Corporation, Pequash Avenue, Cutchogue, New York, until 7:30 P.M., Thursday, May 23, 1974. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. PUBLIC HEARING: Appeal No. 1896 - 8:15 P.M. (E.D.S.T.), upon application of Lucille Mosback, Rose Hill, North Carolina, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule for permission to divide and set off lots with existing buildings with less than required width and area. Location of property: south side Main Road, East Marion, New York, bounded north by Main Road; east by William Park; south by Gardiners Bay; west by A. E. Parker and others. Fee paid $15.00. SouthQld Town Board of Appeals -10- July 19, 1973 The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Nr. Gillispie, seconded by ~. Bergen, it was RESOLVED, Nfs. Ray Alexiadhes, Soundview Avenue, Southold, New York, be GRANTED permission to divide property with less than required area and frontage on the north side of Soundview Avenue, Southold, as applied for. Vote of the Board, Ayes:- ~essrs, Gillispie, Bergen, Hulse, Grigonis. PUBLIC HEARING, Appeal No. 1809 - 8:25 P.R. (E.S.T.), upon application of Dalchet Corporation, Pequash Avenue, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule for permission to set off existing dwelling on lot with insufficient area and frontage. Location of property: south side Rain Road, Cutchogue, bounded north by ~ain Road; east by Dalchet Corporation; south by Dalchet Corporation; west by Dalchet Corporation. Fee paid $15.oo. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRNAN: Is there anyone present who wishes to speak for this application? RICHARD J. CRON, ESQ., I am representing the Dal~t Corpora- tion. I have some sketches here. I think this is mn application that meets all the requisites that are essenti&l in the granting of a variance application. ~t meets hardship, uniqueness, and character change of area. We are dealing with a pre-existing dwelling. In fact, all the buildings in the immediate vicinity have pre existed the Zoning Ordinance. The area that we would like to set aside contains a greater area than used to be required, which was 12,500 sq. ft. We have 135 feet on one line snd ll7 feet on the other line. We can't go back any further than ll7 feet or we will be in the middle of the barns. The farm buildings ars essential to Nr. 0rlowski, If we were to extend along the Rain Road it would not accomplish a great deal. We would end up with less than 40,000 sq. ft. Southold Town Board of Appeals -11- July 19 1973 From the point of view of the purchasers, these people can only afford to buy what we are willing to convey. I don't think they could pay any more if we had to give more road frontage. To give additional road frontage would not accomplish anything. To get any more area you would have to go along the entire Main Road. THE CHAIRMAN: What is proposed to be done with the rest of the land? MR. CRON: That is being farmed. Eventually~ some of this may be sold off. A road would ~ve to be put in. THE CHAIRMAN: My initial roaction is that this is way beyond our powers to grant. This is precisely why the Ordinance' was written in 1971. This would be highly irregular and illegal in my opinion. That was the reason I asked what you were going to do with the rest of the land. Have you discussed this with the Planning Board. This gets into subdivision of land~ right of way into this property. MR. CRON: Itts impossible to go to 40,000 sq. ft. ~ CHAIRF~N: Maybe the barns could be moved. MR. CRON: That establishes a hardship. THE CtIAIRMAN: It's ~y beyond anything we w~uld consider a hardship. MR. CRON: We are talking about something that pre-existed this Ordinance. THE CHAIRMAN: This is not an unusual b~rdship. Ail old dwellings prior to 1971 are subject to it. MR. CRON: What do you do when you deny a parcel with insufficient area? THE 0HAIRMJEN: You are not permitted to divide property in such a way as to retain an insufficient balance. MR. 0RON: You do entertain applications and there are situations where you can grant. ~E C~AIRMAN~ You can get 40,000 sq. ft. out of this. MR. CRONI By parceling out ~he barn area. with you. If we set aside this into 40,000 sq. need your Board for a variance. I don't agree ft., we dontt Southold Town Board of Appeals -12- July 19, 1973 ( THE CHAIRMAN: You would need us if it doesn't meet depth or width requirements. MR. CRON: As long as we have our sideyard requirements, we would not need a variance if we set aside 40,000 sq. ft. THE CHAIRMAN: It's absolutely out of the question to set aside one quarter of an acre out of twenty ~cres. I would be 100~ against it. It is illegal for this Board to set off 12,500 sq. ft. out of this 20 acres. The rest of the people of the Town are required to adhere to the Ordinance. MR. CRON: It's ridiculous to put a house over here and sell 287 feet on the Main Read. THE CHAIRMAN: I know of no way you could avoid having 40,000 sq. ft. Moving the barn might take care of some of it. We would not be able to parcel it out. MR. CRON: I am here because the bank is ultra-conservative. I am treating it as a casual sale of existing dwelling and the amount of land I am willing to sell around it is as I have indicated to the Board. I don't thi~ any Board can say what we can do. If it weren't for the bank, I wouldn't even be here. THE CHAIRMAN: The only variation I can think of might be involved with the Planning Board. MR. CRON: You take this entire area, you lay out a road to get in here~ you are dealing with 57,000 sq. ft. of land. Take 40~000 sq. ft. out and you are left with 17t000 sq. ft. for an existing house. I think you have a different situation when you are dealing with a pre-existing situation. THE C]L%IRMAN: This look at it, no one would of Appeals. applies to the whole Town. The way you have to bother to come before the Board THE CHAIRMAN: application? D~es anyone else wish to speak for this MR. CHESTER 0RLOWSKI: I think they are just trying to sell the house that is on the property. ~=ey don't want to buy any more than that. This is subject to a Southold Town Savings mortgage. They approved of this mortgage. A pre-existing house is there. This is not a new home. Its been there for 40 years. THE CHAIRMANI I am sure you understand that the bank doesnlt make the zoning regulations. This is not really a hardship. ~ Southold Town Board of Appeals -13- July 19, 1973 THE ClL~IRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to set off existing dwelling on lot with insufficient area and frontage on the south side of Main Road, Cutchogue, New York. Q~e findings of the Board are that the proposed lot would be approximately one-third or less in size of the minimum requirement under the present Zoning Ordinance. Granting this variance would be exceeding the powers of the Board of Appeals. The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hardship; the hardship created is not unique and would be shared by all properties alike in the immediate vicinity of this property; and in the same use district; and the variance will change the character of the neighborhood and will not observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Dalchet Corporation, Pequash Avenue, Cutchogue, New York, be DENIED permission to set off existing dwelling on lot with insufficient area and frontage, located on the south side of Main Road, Cutchogue, as applied for. Vote of the Board: Ayes:- Messrs: Giilispie, Bergen, Hulse, Grigonis. PUBLIC }~ARING: Appeal No. 1810 - 8:35 P.M. (E.S.T.), upon application of Philip and Claire Dietz, Pequash Avenue, Cutchogue, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule for permission to divide property with less than required area and frontage. Location of property: west side Pequash Avenue, Cutchogue, bounded north by North Cross Road; east by Pequash Avenue; south by Edward Harvey; west by R. and S. LaJda. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and no~ice to the applicante A-C HD ~j~ A-C A-C ~) COUNTY OF SUFFOLK Real Property Tax Service Agenc' .Riverheod, gl., New Yor~ 25 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : DALCHET CORPORATION WILT,TAM ORLOWSKI & LORRAINE ORLOWSKI : to the Board of Appeals of the Town of Southold : TO: Antone V. Dobek Sally Thompson Willi~n Januick & Wf. John L. Lade~z~n Frank Cicb~-mowicz III M~nuel M. Cabral Sudhir P. Sahu Leona M. White Barbara: Sowinski Herbert Bell Robert C. White J~an M.~Meyer. &~ is A. Saugno~ YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER 1. That it is the intention of the undersigned to pettt,on the Board of Appeals of the Town of Southold to request a ~ ~~k~a~ax~l~) [circle choice] 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: 9.04 acre ~arcel of land on the southwesterly side of Harbor Lane, C_utchoque, New York. (Suffolk County Tax Map No. Dist. 1000, Sec. 097.00, Blk. 06.00, Lot 017.000 and Dist. 1000, Sec. 103.00, Blk. 01.00,. Lots 020.005 and 020.006) 3. That the property which is the subject of such Petition is located in the fo[lowing zoning district: LOW Density Residential (R-80) and Low Density Residential (R-40) 4 That by such Petition, the undersigned will request the following relief: An area variance of 73,904 square fee% for Lot No. 3 on the proposed five lot subdivision known as "Harbor Park Homes". $. That the provisions of the 5outhold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section 100-32 [ ] Section 280-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, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. That hefnre 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 Traveier-Mattituck Watchman, newspapers published in the Town of 5outhold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dar ed:NOve_.__m~er/4 , 1991 . ~ ~i 11 iam'?il°wski Address: 218 Carlton Avenue, Millington, New Jersey 07946 DALCHET CORPORATION Petitioner Owners ' Names: Chester Orlowski, President Post Office Address Pequash Avenue Cutchogue, New York 11935 Tel. No. (516) 734-6782 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAM~ Antone V. Dobek Sally Thompson William Januick & Wf. John L. Lademann Frank Cichanowicz III Manuel M. Cabral Sudhir P. Sahu Barbara Sowinski Herbert Bell Robert C. White Leona M. White Jean M. Meyer and Lois A. Saughoff PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRE55 1480 Harbor Lane, Cutchogue, New York 11935 26-F Harbor Lane, Cutchoque, New York 11935 Harbor Lane, Cutchogue, New York 11935 Harbor Lane, Cutchogue, New York 11935 Main Road, Peconic, New York 11958 RR1, 1800 Harbor Lane, Cutchogue, New York 11935 449 Main Street, Greenport, New York 11944 151 East Neck Road, Huntington, New York 11743 145 Raymond Street, Rockville Centre, New York 11570 Harbor Lane, Box 62, Cutchogue, New York 11935 Harb~r-'~ane, Cutchogue, New York 11935 366 Birchwood Road, Medford, New York 11763 STATE OF NEW YORK ) COUNTY OF SUFFOLK) SEE ATTACHED CERTIFIED MAIL RECEIPTS. SS.: BARBARA DIACHUN , residing at 875 school House Road~ Cutchclaue. New York , being duly sworn, deposes and says that on the 21st day of November ,1991 , 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 the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Cutchoque, New York ; that said Notices were mailed to each of said persons by (certified) (~:l~¢l~J mail. .Sworn to before me this 21st day o f~..V.~:~be r ~/.t991 Notary Public Barbara Diachun Nota~ ~l~ sma el ~ Yod~ T~ E.x~ Aug, 13,1~ (This side does not have to be completed on form transmitted to adjoining property owners.) P ~76 70~ ~'~4 RECEIPT FOR CERTIF'~ED MAIL NO INSURANCE COVERAGE PROVIDED NOT ~OR INTERNATIONAL MAIL (See Reverse) Sent to ~ntone V. Dobek SIreet and NO !1480 Harbor Lane Cutchogue, NY 11935 Return ~how,ng ~o Date eAeressofDelivery~ TOTA~ ~s,~and~e~ ~ 706 743 RECEIPT FOR C£RTIF~ED MAIL // NO fNSURANCE COVERA6E PROVIOED ,/ NOT FOR INTERNATf0NAL MAiL (See Reverse) :ne RECEIPT'FOR CERTIFIED MA L (See Reverse) ~icha~nowicz Iii 1 mew York , too Address of P 976 706 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOG INTERNATIONAL MAIL (See Reverse) Sent lo Sally Thompson / S~reet and No V 26-F Harbor Lane P O State and ZIP Code Cutchoque, NY 11935 Postage ! $ Cedified Fee ~.O0 Special Dehvery Fee Restricted Delivery Fee D~/~T ~s da~ eer SaSn; f F e e%s~e '~ P 976/06 7~9 RECEIPT FOR ~:ERTIFIEB MAIL NO INSURANCE COVER^OE PROVIDEO NOT rO~ '~TE~NAnONAL ~AIL (See Reverse) Sent to L. P 0 Slale and ZIP Code Postage Special Delivery Fee Restricted Delivery Fee Return Receipt ShOWlmg to whom and Date Delivered tod P ff76/06 755 RECEIPT FOi4~CERTiFi£D MAIL / (See Reverse) P 976 706 RE'DPT ~OR C£RTN~I~D ~ANL NO iNSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAiL (See Reverse) Sudhir P. Sahu 449 Main Street P 0 State and ZIP Code GreenDort, New York 11944 Postage to whom andj~a~e:C~trcmc,~d O O Return r .... POS *ark ~at e ~ J I 111 P ~/76 706 756 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Barbara Sowinski ~/ 151 East Neck Road ~rk 11~74 ] ~ \o0 ~tage~an~ Fe~[~ t ~ P 86~031 212 (See Reverse) Robert C. White Stme' and ~ Harbor Lane Cutcho( ue, New York ~35 Cedffied Fee Speoal Delivery Fee Reslrlcled Delivery Fee Re[urn Receipt showisg ( po TOTAL Postage and Fees P 976 706 756 RECENPT FOR CERTIFNI::O MANL NO INSURANCE COVERAGE PROV~DEO NOT FOR INTERNATIONAL MAIL (See Reverse} Leona M. White Harbor Lane P O State and ZIP Code ;utchoque, New Y~rk 11 ,.'. Postage $ CerDDed Fee TOTAL ~lFJuP°stagerland) Fees · )5 P 9/706 757 RECEIPT [;OR CERTIFIED MAIL / (See Reverse) Herbert Bell 145 Raymond Street Rockville Centre, New York Postage S 11-~ 70 Relum 8~¢e~ sho~n~ ~ whom. O a fe¢ ~t~A19~Te-s% ~f~ EYe~v i~.y Post~ or ~tel P 861 ~¥ 22.3 R£CEIPT FOR ~'~RTIFII=D MAIL NO INSURANCE COVERAGE PROVIDED / NOT FOR INTERNATIONAL MAIL (See Reverse) Sentlo Jean M. Meyer Lois A. Saughoff Street and No 366 Birchwood Road P O. State and Z)P Code Medford, New York 117( Postage Cer%fied Fee Decial Delivery Fee Restrlcled Delivery Fee Return Receipt showing to whom and tO0 [ O0 ~'7 ~-, /~'?°O&F' 2;-4,0 51,~ETCF4 pLA, I~ OF SUIBDIVI 5t Ol',J l/lAP OF NAF BOF2 t.A.NP N/~ PUI~G DAL_C,L-tET CUTO4OGU~ ~ALE~ _AP. EA' 9,04 Acr~Es ~ 13, PI PE -... D, I'dOktU 1',4 Etd T £ 5.?.5 !5 BO E. '~ OF ~fg'Wlq ©F SO'J"rF-iQ'.L-; 58Q,63 TE E'/A h4 --~' <: S. 7~, N,£=44 50 ~ 508 89 PIPE MOTES: L H9.70 580.63 %.- MOTES I00 L3 t~AgE Yor~ DALqNET ,._,~R AT CU'f'CNOGL~E 'rO'v~lq OF ~OUTHOL. ~.~_ b,__{L._Y. SCALE ®' Pi PE