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Home My WebLink About3987 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. 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 Appl. No. 3987 ACTION OF THE BOARD OF APPEALS Upon Application of S.H. FRIEMANN & OTHERS. Variance to the Zoning Ordinance, Article X, Sections 100-102 (Bulk Schedule) for approval of insufficient frontage (lot width) {as excists} along the Main Road of proposed Lot #3 and for approval of insufficient lot depth of proposed Lot #2, in this pending minor subdivision, and for approval of access according to New York Town Law, Section 280-A over a private right-of-way. Zone Districts: B-General Business and Agricultural Conservation. Location of Property: North Side of Main Road, Cutchogue, NY; County Tax Map Parcel ID No. 1000-102-2-24. Total area: 19.596 acres. WHEREAS, a public hearing was held on November 29, 1990, 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, the surrounding areas; and and WHEREAS, the Board made the following findings of fact: 1. The portion of the subject premises which is under jurisdiction in this variance application consists of approximately 82,880 sq. ft. and is located in the "B" General Business Zone District. The remaining 17.693 acres is located in the "A-C" Agricultural-Conservation Zone District. Page 2 - A~pl. No. 3987 Matter of S.H. Friemann & others Decision Rendered December 13, 1990 The area of land under consideration in this variance has a frontage of 132.0 feet along the north side of State Route 25 (a/k/a Main Road) in the Hamlet of Cutchogue, Town of Southold. The width of the remaining (rear) section {referred to as Lot #1} is 683.44 feet {inclusive of easements}. 2. The subject premises as exists: (a) contains a total combined lot area of 19.596 acres; (b) are improved with structures as more particularly shown on the plan prepared by Roderick VanTuyl, P.C. dated November 1, 1990. 3. Article X, Section 100-102, (Bulk Schedule) of the zoning code regulations (as amended January 9, 1989) requires a minimum lot depth of 150 feet and minimum width of 150 feet per lot. 4. The relief sought by this application are variances for approval of: (a) proposed southerly lot referred to herein as Lot #3 with a lot width (frontage) of 132.00 feet, inclusive of easements or right-of-way (or 117+- feet exclusive); (b) proposed center lot referred to herein as Lot #2 with a total lot area of 40,192 sq. ft., inclusive of right- of-way or easements; (c) access to Lot #2 and Lot #1, over a 22 ft. wide right-of-way, half of which is shown to be located upon premises of the applicant and the other half upon premises of S & E Realty Co. {parcel to the east referred to as 1000-097-5-012}. 5. For the record, it is noted that the condition of the right-of-way is excellent without the necessity for further improvements at this time, except, however, that the entire access road must be maintained at a minimum width of 18 feet (without obstruction) for sufficient maneuvering and access by emergency (fire) vehicles. 6. In considering this application, the Board also finds and determines: (a) the relief as granted is substantial in relation to the requirements; (b) the evidence submitted and practical difficulties claimed are sufficient to warrant a Page 3 - A~pl. No. 3987 Matter of S.H. Friemann & others Decision Rendered December 13, 1990 grant of this variance; (c) there will be no substantial change in the character of the neighborhood, and a precedent would not be set since the shape and character of this land has existed since before the enactment of zoning in 1957; (d) the difficulties cannot be obviated by some method feasible to the appellant to pursue, other than a variance; (e) that in view of the manner in which the difficulties arose, and in con- sidering all the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Goehringer, it was RESOLVED, to GRANT the relief as requested (and noted in paragraph #4, supra), in the Matter of the Application of H & S ASSOCIATES (S.H. FRIEMAN & OTHERS) under Appl. No. 3987, SUBJECT TO THE FOLLOWING CONDITION: That the access right-of-way be maintained in good condition to a minimum width of 18 feet (without obstructions) for the entire length for sufficient manueverability by fire and emergency vehicles (pursuant to the requirements of New York Town Law). Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis and Dinizio. This resolution was duly adopted. lk AND FILED BY 'i't-iE SOUTiiOLD TOY~N CLE~qK HRI~GER ,~I RMAN DATE If, OUR Town Cl~;k, Town APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. 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 hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, NOVEMBER 29, 1990 at the following times: 7:30 p.m. Appl. No. 3972 - PE~ROL STATION LTD. Hearing continued from November 1, 1990. 7:35 p.m. Appl. No. 3985 - HERBERT AND CATHERINE LINDTVEIT. Variances to the Zoning Ordinance, Article ~fVIII, Section 100-239.4B and Articl9 XX~V, .Segtion 100-244B for proposed one-story and second-story additions with two-foot over-hangs (cantilevers) Portion of additions will be less than 75 feet from bulkhead along Corey Creek and will reduce both side yards to less than the minimum required at 10 and 15 feet. The dwelling as exists has nonconforming side yards, and the lot area and width are also nonconforming in this R-40 Zone District. Location of Property: 625 Windy Point Lane (Private Road #12), Southold, NY; County Tax Map Parcel 1000-87-4-7. Page 2 - Legal Notice Hearings to be Held November 29, Southold Town Board of Appeals 1990 7:40 p.m. Appl. No. 3986 - BARRY AND BEVERLY LEHR. Variance to the Zoning Ordinance, Article III, Section 100-30.2A for approval of the location of accessory building located in an area other than the required rear yard and located within 75 feet of the bulkhead along Goose Creek (a/k/a West Creek). Lot is nonconforming as to lot area and width in this R-40 Zone District. Location of Property: 15 Sun Lane, Southold; also referred to as Lots 1 & 2 on the subdivision map of "West Creek Development" filed July 6, 1937 as County File No. 1236. County Tax Map Parcel ID No. 1000-76-1-1. 7:45 p.m. Appl. No. 3988 - ANTONIO VANGI. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Article XXIII, Section 100-239.4, for permission to construct garage addition with a setback of less than 100 feet from the top of the bluff along the Long Island Sound and with side yards at less than the required 15 feet and 20 feet. The dwelling as exists is nonconforming as to total sideyards, and the lot area and width are nonconforming in this R-40 Zone District. Location of Property: 645 Glen Court, Cutchogue, NY; Vista Bluff Map No. 5060, Lot #1; County Tax Map Parcel ID No. 1000-83-1-7. Page 3 - Legal Notice Hearings to be Held November 29, Southold Town Board of Appeals 1990 /F 7:55 p.m. Appl. No. 3987 - H & S ASSOCIATES by Sanford riemann. Variance to the Zoning Ordinance, Article X, Section 100-102 (Bulk Schedule) for approval of insufficient frontage (lot width) {as exists} along the Main Road of proposed Lot #3 and for approval of insufficient lot depth of proposed Lot #2, in this pending minor subdivision, and for approval of access according to New York Town Law, Section 280A over a private right-of-way. Zone Districts: B-General Business and Agricultural-Conservation. Location of Property: North Side of Main Road, Cutchogue, NY; County Tax Map Parcel ID No. 1000-102-2-24. Total area: 19.596 acres. 8:05 p.m. Appl. No. 3977 - BB'£'%'Z J. COPIN. Continued from November 1, 1990. 8:15 p.m. Appl. No. 3788 ~'SUN REFINING & MARKETING. Variances to the Zoning Ordinance, Article X, Section 100-102: (1) for permission to establish convenience store use in conjunction with and accessory to the existing gasoline station use on this substandard parcel which contains less than 30,000 sq. ft. in lot area; (2) for interpretation as to height limitation of accessory (canopy) structure, and (3) for approval of canopy structure in the front yard location. Location of Property: Corner of the Easterly Side of Factory Avenue and Northerly Side of the Main Road, Mattituck, NY; County Tax Map Parcel ID No. 1000-142-1-27. Page 4 Legal Notice Hearings to be Held November 29, Southold Town Board of Appeals 1990 8:30 p.m. Appl. No. 3983 - JANET MALONEY. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for approval of deck within 75 feet of bulkhead along Hog Neck Bay. Lot is nonconforming as to lot area in this R-40 Zone District. Location of Property: 30 West Lake Drive and 2505 Little Peconic Bay Lane, Southold, NY; County Tax Map Parcel ID No. 1000-90-1-25; Cedar Beach Park Lot No. 125, filed Map No. 90. 8:35 p.m. Appl. No. 3981 - PHYLLIS RAYNE BYER. Variance to the Zoning Ordinance, Article III, Section 100-30A(1), as disapproved, for approval of second dwelling apartment unit, as exists. Building as exists contains two dwelling units and retail store in this Limited Business (LB) Zone District. Lot is nonconforming as to lot arga,~width and depth. Location of Property: Corner of South Side of Main Road and the East Side of Bay Avenue, Cutchogue, NY; County Tax Map Parcel ID No. 1000-85-3-2.1. Page 5 - Legal Notice Hearings to be Held November 29, 1990 Southold Town Board of Appeals 8:45 p.m. Appl. No. 3973 - JOHN AND ROSE MILAZZO. Variances to the Zoning Ordinance, Article XXIII, Section 100-239.4 {a/k/a 100-239d(B)} and Article XXIV, Section 100-244B for permission to locate addition and reconstruction of dwelling structure with setbacks: (a) at less than the required 75 feet from the bulkhead, (b) at less than the required minimum 35 ft. rear yard at its closest point, and (c) at less than the required 10 ft. and 15 ft. minimum side yards, (d) at less than the total side yards required minimum of 25 feet. Existing dwelling structure is nonconforming as to the northerly side yard, the rear yard, and the setback from the bulkhead. Lot area and width is nonconforming in this R-40 Zone District. Location of Property: 9 Island View Lane, Greenport, NY; County Tax Map Parcel ID No. 1000-57-2-20. 8:55 p.m. Appl. No. 3955 - DOMINICK SBLENDIDO & A. AURICCHIO. Interpretation reques~e~ regarding'second kitchen facilities and its relation to single-family verses two-family uses, and a variance for addition with an insufficient frontyard setback. 185 Inlet Lane, Greenport. Continued from November 1, 1990. 9:15 p.m. Appl. No. 3975 ARTHUR G. CARLSON. Interpretation and Variance to the Zoning Ordinance, Article III, Section 100-30 (as disapproved by the Building Inspector) for permission to accept delivery of shellfish from local waters, to shuck the shellfish, and to deliver or ship the scallops and/or conches for wholesale distribution. Scallops Page 6 - Legal Notice Hearings to be Held November 29, 1990 Southold Town Board of Appeals and conches to be delivered for off-premises consumption or sales. Zone District: Agricultural-Conservation (AC). Location of Property: 1575 Lower Road, Southold, NY; County Tax Map Parcel No. 1000-69-5-13.2. Continued from November 1, 1990. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: November 9, 1990. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski FORM NO. 3 TO~gN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date .... !9/.5. .................. ,19.9.0... To .S...~: FIIlEMA.h~ AN1) OTHERS P.O. BOX 915 CDTCBOG~E, N.Y. 11935 PLEASE TAKE NOTICE that your application dated ....... ~Q[~ ................ 19 .~q.. for pe~it to PROPOS~ FOR A ~NOR S~DIVlSION Location of Property .~ House No. Street Ham/et County Tax Map No. I000 Section 102 Block 02 ... Lot 24 Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the follow~g grounds . . ~. ~[~ .~ .............. 100-102 --PRO~OS~ [~ ~2 ~E ~ I]S~ICIEE ~, [~ ~3 ~I[[ ~QUI~D. .. ' / Bu~din~ Inspector ~<~ ~ ~o~s J. FIS~R RV 1/80 TOWN OF SOUTHOLD, RI~r~I~:MI~ D APPEAL FROM DECISION OF BUILDING INSPECTOJJj0v O~ ~ 6 APPEAL NO. / · ~, ~ DATE ....< ./,.F..~/..j~ ~'o ............. TO THE ZONING BOARD OF APPEALS, TOWN OF~JJ.~J~LT ,l~h. ~ ............... '"~:~;";F'X~iio'-;~ ................ ' ...... ' ................... ~[r;'~"~;,'d N'"'";.~'; .......................... .............................. ~...-~...~....x~...~...q.~ ........................................... ~;....~...,:.....HEREBY APPEAL TO Municipality St6te THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... ( ) ( ) (~' WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of 7-09 ~,~u 4_~ ~c~c .~.. ~..~. .~'.., .~..~ Street and Number Municipality PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .................................................+..~ .................... ~'X.~-,'^~..: ....... Street /Hamlet / Use District on Zoning Mop ' D~str~c~ 1000 Section/o~-Block ~- Lot-~'~ . ............................................................................. ~urrenc 0~ner Map No. Lot No. /~ g__ Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article ~' Section 3, TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (/~ A VARIANCE to the Zoning Ordinance or Zoning Map (~' A VARIANCE due to lack of access (State of New Yot~ Town Law Chop: 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (~(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( l~request for o special permit ( ~request for a variance and waS made in Appeal No ................................. Dated ............................. ~ ........................................ REASON FOR APPEAL ~/A Variance to Section 280A Subsection 3 ( (/) A Variance to the Zoning Ordinance ( ) is requested for the reason that ~ Form ZB1 (Continue on other side) REASON FOR APPEAL r . ~ ~ ~ ,~ ~ Continued 1. STRICT APPLICATION ~E,{~RD!,hlANCE would produce practical difficulties or unneces- sary HARDSHIP because 2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) ) ss COUNTY OF ) Sworn to this ................... ~.. ...................... day ~ Notary Public ~o. 2902i ) , ~erm Lxpires ~ , ~9.~' .' TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT FORMER OWNER N ~ , ACR. S W TYPE OF BUILDING RES. SEAS. VL FARM ~CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS ~"~,/0///~?//d-'?,.~'_ / ~ 6~ .... ~Yr ×/~/ ~ , A~E BUILDING CONDITION N~ ~Oo ~0~ /~,~Wlii~ ~OVE FA~ Acre Value Per Value Acre Tillable 1 -~,-~'~] Tillable ~ Tillable ~ W~land Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD / House Plot~~ Ii / 0/~' / ~ ~ 6 DEPTH ~ot~ ~ ~'~ ~oc~ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT FORMER OWNER N E ACR. J S W TYPE OF'BUILDING ~ES. ~Y$ s~s. vL. fARM (505 CB. M,CS. ~k,. Vo,.o J LAND IMP. TOTAL DATE REMARKS /0/ 'illoble FRONTAGE ON WATER ~it/F8 "~o '' , . __ a~:~' COLOR M. Bldg. Extension ExtensJorl Porch Porch Breezeway Garage Total Ext. Walls Fire Place Type Roof ~,ecreation Room Dormer Driveway Bath Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor )eck }reezewa ~arage / 9',/0 Foundation Basement Ext. Walls Fire Place Pool* Patio Driveway Bath Floors Interior Finish Heat Attic Rooms 1st Floor Rooms 2nd Floor PLANNING BOARD MEMBERS Bennett Orlowski. Jr.. Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S McDonald Kenneth L. Edwards Telephone (5161 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 1197I Fax (516) 765-1823 February 9, 1993 Richard Cron Cron and Cron Main Road P.O. Box 953 Cutchogue, New York 11952 RE: Proposed Minor Subdivision S.H. Friemann & Others SCTM, 1000-102-2-24 Dear Mr. Cron: The following took place at a meeting of the Southold Town Planning Board at a meeting held on February 8, 1993: I't was RESOLVED that the Southold Town Planning Board start the lead agency coordination process on this unlisted action. The following resolution was adopted: WHEREAS, pursuant to a judgment entered on october 5, in the matter of Friemann v. Planning Board, the Southold Town Planning Board was directed to process the above application as a minor subdivision and to grant the relief therein reguested; and 1992 WHEREAS, a decision was rendered on December 13, 1990 by the Zoning Board of Appeals on the matter of S.H. Friemann and others granting approval of insufficient frontage (lot width) along the Main Road of proposed Lot ~3 and insufficient lot depth of proposed Lot #2, and for approval of access according to New York Town Law, Section 280-A over a private right-of way subject to the following condition: That the access right-of-way be maintained in good condition to a minimum width of 18 feet (without obstructions) for the entire length for sufficient maneuverability by fire and emergency vehicles (pursuant to the requirements of New York Town Law); Be it therefore S.H. Friemann and Others February 9, 1993 Page 2 RESOLVED that the Southold Town Planning Board grant Sketch approval on the map dated November 1, 1990 with the following condition: That the condition of the December 13, 1990 decision of the Zoning Board of Appeals be noted on the final map. Sketch plan approval is conditional upon submission of final maps within six months of the date of sketch approval, unless an extension of time is requested by the applicant, and granted by the Planning Board. The final maps (5 paper prints and ~wo mylars) mus% contain a current stamp of Health Department approval, and mus~ be submitted before a final public hearing will be set. Please note that the Planning Board has referred ~ubdivision to the Suffolk County Planning Commission ~'eview. You will be notified should any covenants and restrictions be required. this for their Please contact this office if you have any questions regarding the above. Sincerely, Richard G. Ward Chairman cc: Sanford H. Friemann Gerard P. Goehringer, Chairman, Zoning Board of Appeals ~A~ ~©AR~ M~M~RS 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 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 199~ RE: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of ~oncern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: Requested Action: SEQRA Classification: ( ) Type I ( ~ ) Unlisted Contact Person: (516)-765-1938 The lead agency will determine the need for an environmental impact statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: This agency wishes to assume lead agency status for this action. ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other. ( See comments below). Comments: Please feel free to contact this office for further Sincerely, information. cc: ~Board of Appeals u~- Southold Town Board *Suffolk County Dept. of Health Services ~NYSDEC - Stony Brook ~SDEC - Albany wN.Y.S. Dept. of Transportation * Maps are enelosed for your.[eview Coordinating agencies Richard G. Ward Chairman : '~4-16-2 (2/87)'7c 617.21 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM SEQR Purpose: Th6 full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis.. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impaq:ts that may occur from a proiect or action. It provides guidance as to whether an impact is 'likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impactcan be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate Whether or not the impact is actually important. ,¢ DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions Identify the Portions of EAF completed for this project: [] Part 1 [] Part 2 []Part 3 Upon review of the information recorc~ed on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: ~/A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant im.pact on the environment, therefore a negative declaration will be prepared. [] B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* [] C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. * A Conditioned Negati~/e Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agenc~ Print or Type_~,~'f Responsible ~r in Lead Agency t~i~ a~ture of Resp''''''r onsib[e Officer in Lead Agency Title of Responsible Officer Signature of Preparer (If different from responsible officer) PAl, f 1--PROJECT Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considerate- as part of'the application for approval and may be subiect to further verification and public review. Provide any addition~, information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies research or nvestigation If information requiring such additional work is unavailable, so indicate and specify each instance. NAME OF ACTION LOCATION OF ACTION (Include Street Add~ess, Municipality and County) BUSINESS TELEPHONE CITY/PO NAME OF OWNER (Il different) STATE ZIP CODE /%/-< BUSINESS TELEPHONE ( ADDRESS CITY/PO STATE ZIP CODE DESCRIPTION OF ACTION Please Complete Each Question--Indicate N.A. if not applicable A. Site Description Physical setting of o~,erall project, both developed and undeveloped areas. 1. Present land use: I-IUrban UIIndustrial DForest JJ~'Agriculture 2. Total acreage of project area: /c~'-~'~&7' acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) acres acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) /~o acres acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces /i.~"~ acres acres Other (Indicate type) ~----~,'"ww~-~Tq"r'/- ~ ' acres acres 3. What is predominant soil type(s) on project site? a. Soil drainage: ~Well drained /~ % o~ s~ite DPoorly drained % of site ~{~e'Commercial I~Other g3Residential (suburban) ~Rural (non-farm) ~lModeratelv well drained % of site b.Lartdlf anYclassificatagriculturalonlandiSsystem?involved,/~, -~/~'h°Wacres.manY(seeaCresl NYCRR°f soil are370).classified within soil group 1 through 4 of the NY{~ 4. Are there bedrock outcroppings on project site? [-]Yes '~o a. What is depth to bedrock? [in feet) 2 Approximate peicentage of prop {~' d prol~ E315% or greater % a building, site, or district, listed on the State or the National 6. Is project substantially contiguous to, or co~o~tain ' Registers of Historic Places? I-Wes {~". Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? rqYes ,,~o 8. What is tJ~e depth of the water table? ~¥~o {in feet) 9. Is site located over a primary, principal, or sole source aquifer? r-lYes .,[~o 10. Do hunting,, fishing or shell fishing opportunities presently exist in the project area? f-lYes 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? I-lyes '~o According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e.. cliffs, dunes, other geological formations) E3Yes ~["N"o Describe 13. Is the project sit~p/resently used by the Community or heighborhood as an open space or recreation area? r-lYes I~'~qo If yes, explain 14. Does the present, sit, include scenic views known to be important to the community? [~Yes .~No 15. Streams within or contiguous to project area: a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name ,k~O/~//.~ b. Size (in acres) 17. Is the site served by existing public utilities? J~'es ONo a) If Yes, does sufficient capacity exist to allow connection? ~];es E]No b) If Yes, will improvements be necessary to allow connection? ~lYes ~['~o 18. Is the site located in an_a~ricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? 'J~es I-1No 19.' Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the r-CL, and 6 NYCRR 6177 OYes 20. Has the site ever been used for the disposal of solid or hazardous wastes? OYes /~o C B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor /~"~'~ acres. b. Project acreage to be developed: (~) acres initially; ,~,'/~:~J acres ultimately. c. Project acreage to remain undeve!oped /~..C',~ ~" acres. d. Length of project, in miles: ~",/,q~- (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed /t'///¢~ %; f. Number of off-street parking spaces existing /"/,//~J~ ; proposed ~'//'2I . g. Maximum vehicular trips generated per hour /,~/,~ ' (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately/O//} i. Dimensions (in feet) of largest proposed structure /~//'~ height;, width; length. j. Linear feet of frontage along a public thoroughfare project will occupy is? /~;~'- ft. 3 2. How much natural material ~., roc earth, etc.) will be removed fron~-,,.:e site. 3. Will disturbed areas be reclaimed;? DYes I-INo ~"~A a. if yes, for what intendeC purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? I-lYes DNo c. Will upper subsoil be stockpiled for reclamation? D--lYes I-1No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? (~ acres. 5. Will any matur, e~,f, orest (over 100 years old) or other locally-important vegetation be removed by this project? · D-lYes .,~No project: Anticipated period of construction A//~ months, (including demolition)· 6. If single phase 7. If multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 c. Approximate completion date of final phase d. Is phase I functionally dependent on.subsequent phases? 8. Will blasting occur during construction? · i-lYes 9. Number of jobs generated: during construction ~',/~ 10. Number of jobs eliminated by this project 11. Will project require relocation of any projects or facilities? tons/cubi~: yar.ds, month year, (including demolition). month year. ~]Yes ~o after proiect is complet~ D-lYes ,~o If yes, explain 12. Is surface liquid Waste disposal involved? fqYes ,~o a. If yes, indicate type of waste {sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? [:]Yes ~"~o Type 14. Will surface area of an existing water body increase or decrease by proposal? Explain []Yes 15. Is project or any portion of project located in a 100 year flood plain? [qYes 16. Will the project generate solid waste? [qYes ~ a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? [:]Yes I-INo c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? e. If Yes, explain ~lyes i-INo 17. Will the project involve the disposal of solid waste? DYes ,~. If yes, what is the anticipated rate of disposal? ' b. If yes, wh,~t is the anticipated site life? years. project use herbicides or pesticides? DYes ~]~o 18. Will · tons/month. 19. Will project routinely produce odors (more than one hour per day)? I-lYes 20. Will project produce operating noise exceeding the local ambient noise levels? DYes 21. Will proiect result in an increase in energy use? I-]Yes If yes , indicate type(s) 22. If water supply is from weJIs, indicate pumping capacity /g')//~ gallons/minute. 23. Total ~nticipated water Usage per day AJ//'/~ gallons/daly. 24. Does project involve Local, State or Federal funding? [:]Yes -'~o If Yes, explain 4 25. Approvals Required: ~ ~ City, Town, Village Board I~Yes ~"~o City, Town, Village Planning Board ,,~es E3No City, Town'Zoning Board OYes ]~No City, County Health Department ~'Yes I-INo Other Local Agencies r~Yes ,[~No Other Regional Agencies E]Yes J~No State Agencies OYes ~No Federal Agencies OYes l~No C. Zoning and Planning Information ~ ~ Submittal ',ype Date 1. Does proposed action involve a planning or zoning decision? ,J;~es I-INo If Yes, indicate decision required: f-lzoning amendment I~zoning variance 0-[special use permit ~subdivision [~site plan I-lnew/revision of master plan Oresource management plan [~other 2. What is the zoning classificat on(s)of the site? ~b¢~O~,,;,~.~$ z~ u 3. What is the maximum potential development of the site if developed as permitted by the present zoning? (_ 4. What is the proposed zoning of the site? 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 6. Is the proposed action consistent With the recommended uses in adopted local land use plans? ,~s ONo 7. What are the predominant land use(s) and zoning cla_ssifications within a ¼ mile radius of proposed 'action? / B. Is the proposed action compatible with adjoining/surrounding land uses within a ¼ mile? ,~'es r~No 9. If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? .. /Z~-,~q'' )~ ~Oc~' / 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? r~Yes 11 Will the proposed action creat,~ demand for any community provided services (recreation, education, police, fire protection)? ~]Yes ~No a. If yes, is existing capacity sufficient to handle projected demand? [~]Yes [~No 12. Will the proposed action result in the generation of traffic significantly above present levels? OYes ~o a. If yes, is the existing road network adequate to handle the additional traffic? OYes r~No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the~nformation, provided above is true to the best of my knowledge. ' Applicant/Sponsor~ame// t;z~';'~ ~ 5'5"~, ¢;,~ '~-,J- Date ~/~ Signatur~~ ~- Tide ~ ~ ~< If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. 5 Part 2-,,-'~RO.~L ;T IMPACTS AND.THEIP( IAG(, 'UDE Responsibilily of Lead Agency General Information (Read Carefully) .e In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. · Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any ~arge impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. · The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potentia[ Large Impact response, thus requiring evaluation in Part 3. · The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. · The number of examples per question does not indicate the importance of each question. · In identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the impa.ct. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. IMPACT ON LAND 1. Will the proposed, action result in a physical change to the project site? .~O [:]YES Examples that would apply to column 2 · Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 10%. · Construction on land where the depth to the water table is less than 3 feet. · Construction of paved parking area for 1,000 or more vehicles. · Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. · Construction that will continue for more than 1 year or involve more than one phase or' stage. · Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil} per year. · Construction or expansion of a sanitary landfill. · Construction in a designated floodway. · Other impacts 2. Will there be an effect t-'.....y uri,que or unusual land f~or~ms found on the site? (i.e., cliffs, dunes, geological formations, etc.~NO [:]YES · Specific land forms: 6 I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] r-~Yes []No [] [] []Yes []No L--'] [] []Yes ['-]No [] [] []Yes []No [] [] []Yes []No [] [] []Yes []No [] [] []Yes []No [] [] []Yes E3No [] [] []Yes E3No [] [] []Yes []No IMPACT ON WATER . 3. Will proposed action affect any water body designated as protected? (Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL .CO C]YES ExamplEs that would apply to column 2 · Developable area of site contains a protected water body. · Dredging more than 100 cubic yards of material from channel of a protected stream. · Extension of utility distribution facilities through a protected water body. · Construction in a designated freshwater or tidal wetland. · Other impacts: 4. Will proposed action affect any non-protected existing 9r new body of water? ~ · ,,E~]NO [=]YES Examples that would apply to column 2 · ' · A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. · Construction of a body of water that exceeds 10 acres of surface area. · Other impacts: $. Will Proposed Action affect surface or groundwater quality or quantity? J;~O I-lYES Examples that would apply to column 2 · Proposed Action will require a discharge permit. · Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action. · Proposed Action requires water supply from wells with greater than 45 gallons per minute pumping capacity'. · Construction or operation causing any contamination of a water supply system. · Proposed Action will adversely affect groundwater. · Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. · Proposed Action would use water in excess of 20,000 gallons per day. · Proposed Action will likely cause siltation or other discharge into an existing body of water to the exte;~t that there will be an obvious visual contrast to naturai conditions. · I~roposqd Action will require the storage of petroleum or chemical products greater.than 1,100 gallons. · Proposed Action will allow residential uses in areas without water and/or sewer services. · Proposed Action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. · Other impacts: L 6. Will proposed action alter drainage flow or patte~.~or surface - water runoff? ,,ff~iNO J=]YES Examples that would apply to column 2 · Proposed Action would change flood water flows. 7 2 3 Small to Potentia Can Impact Be Moderate Large Mitigated By Impact Impact Project Change I--] [] [:]Yes []No [] [] [=]Yes []No [] [] [:]Yes [:]No [] [] []Yes []No [] [] []Yes []No [] [] []Yes []No [] [] []Yes I--ENo [] [] []Yes [:]No [] [] []Yes []No [] ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~ ~ ~Yes ~No · Proposed Action may cause substantial erosion. · Proposed Action is incompatible with existing drainage patterns. · Proposed Action will allow development in a designated floodway. · Other impacts: IMPACT ON AIR 7. Will proposed action affect air quality? [~O OYES Examples that would apply to column 2 · Proposed Action will induce 1,000 or more vehicle trips in any given hour. · Proposed Action will result in the incineration of more than 1 ton of. refuse per hour. · Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. · Proposed action will aff0w an increase in the amount of land committed to industrial use. · Proposed action will allow an increase in the density of industrial development within existing industrial areas. · Other impacts: IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? ~/NO ~]YES Examples that would apply to column 2 ' Reduction of one or more species listed on the New York or Federal list, using the site, over or near site or found on the site. · Removal of any portion of a critical or significant wildlife habitat. · Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. ' Other impacts: Will Proposed Action substantially affect non-threaten~ or non-endangered species? ~NO []YES Examples that would apply to column 2 Proposed Act on would substantially interfere with any resident or migratory fish, shellfish or wildlife species. Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES Will the Proposed Action affect agricultural land reso ces? Examples that would apply to column 2 ~C~ ~YES The proposed action would sever, cross or limit access to agricultural land (includes crop and, hayfields, pasture, vineyard, orchard, etc. J 8 Small to~ Potential Moderate Large Impact Impact Can Impact Be Mitigated By Project Change I~lye, ~Yes F'qNo []Yes [~No [~]Yes []No [] [] ~]Yes I-]No ': [] [] [:]Yes I']No . [] [] [~]Yes [:]No [] [] [~Yes J~No [] [] [:]Yes F~No [] [] []Yes [::]No [] [] [~Yes [~No [] [] [:]Yes [~]No [] [] [:]Yes [:]No [] [] [:]Yes [:]No [] [] ~]Yes [~]No [] [] []Yes [:]No []Yes ~]No · Construction activity would excavate or compact the soil profile of agricultural land. · The proposed action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. · The proposed action would disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) · Other impacts: IMPACT ON AESTHETIC RESOURCES 11. Will proposed action affect aesthetic resources? j~O []YES (if necessary, use the Visual EAF Addendum in Section 617.21, Appendix B.) Examples that would apply to column 2 · Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. · Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities Of that resource. · Project components that will result in the elimination or significant screening of scenic views known to be important to the area. · Other impacts: IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of~istoric, pre- historic or paleontological importance~ ~JNO [YES Examples that would apply to column 2 · Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. · Any impact to an archaeological site or fossil bed located within the project site. · P~oposed Action.will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. · Other impacts: IMPACT ON OPEN SPACE AND RECREATION 13. Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? . / Examples that would apply to column 2~'~O I~YES ' The permanent foreclosure of a future recreational opportunity. · ^ major reduction of an open space important to the community. · Other impacts: 9 I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change ~] [] J-]Yes ~]No [] [] I-lYes F-INo [] [] i I~Yes ['-]'No [] [] I-lyes I~No [] [] ~Yes E3No [] [] I~Yes r-INo [] [] I~Yes E3No [] [] E:]Yes ~No [] [] [~Yes [~]No [] [] [~Yes I~No [] [] ~Yes' [Z]No [] [] F-lYes CINo [] [] E]Yes i--INo [] [] E:]Yes E3No IMPACT ON TRANs~_JRTATiON I L Small to 1a~. Will there be an effect to existing transportation s st,~,.~s? Moderate Examples that would apply to column 2 .I~NO' ' ~]YES Impact · Alteration of present patterns of movement of people and/or goods. [] · Proposed Action will result in major traffic prob ems. [] · Other impacts: IMPACT ON ENERGY 15. Will proposed action affect the community's sou~ of fuel or energy supply? ~NO [~YES Examples that would apply to column 2 · Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality. · Proposed Action will require the creation or extensi6n of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industriaJ use. · Other impacts: NOISE AND ODOR IMPACTS 16. Will there be objectionable odors, noise, or vibrat~as a result of the Proposed Action? J~N0 [~YES Examples that would apply to column 2 · Blasting within 1,500 feet of a hospital, school or other sensitive facility. · Odors will occur routinely (more than one hour per day). · Proposed Action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. · Proposed Action will remove natural barriers that would act as a noise screen. ' Other impacts: IMPACT ON PUBLIC HEALTH 7. Will Proposed Action affect public health and safety._.~' Examples that would apply to column 2 70 E3YES Proposed Action may cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic Iow level discharge or emission. Proposed Action may result in the burial~f hazardous wastes in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) Storage facilities for one million or more gallons of liquified natural gas or other flammable liquids. Proposed action may result in the excavation or other disturbance within 2.000 feet of a site used for the disposal of solid or hazardous waste. Other impacts: 10 *" Can '~ "' Potential Impact Be Large Mitigated By Impact Project Change [] [-]Yes []N( [] '[]Yes []No [] []Yes []No [] I~Yes ~]No [] []Yes ~lNo [] []Yes []No [] []Yes []No [] []Yes ~]No [] []Yes []No [] []Yes []No [] []Yes []No [] []Yes []No [] []Yes []No [] []Yes []No [] []Yes []NO [] []Yes [-]No IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD, j~..18. Will proposed action affect the character of the existi~,community? ,,J~.N O E3YES Examples that would apply to column 2 · The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. · The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this project. · Proposed action will conflict with officially adopted plans or goals. · Proposed action will cause a change in the density of land use. · Proposed Action will replace or eliminate existing facilities, structures or areas of historic importance to the community. · Development will create a demand for additional community services (e.g. schools, police and fire, etc.) · Proposed Action will set an important precedent for future projects. · Proposed Action will create or eliminate employment. * Other impacts: I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] [-]Yes ~-'lNo [] [] []Yes [-]No [] [] I~Yes [:]'No [] [] l-lyes []No [] [] [-]Yes []No [] [] []Yes I--[No [] [] []Yes []No [] [] []Yes []No [] [] []Yes []No 19. Is there, or is there likely to be, public controv rse~/related to potential adverse environmental impacts? ,~3NO I~YES If Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 _£ Part 3--EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even ii the impact(s) may be mitigated. Instructions Discuss the following for each impact identified in Column 2 of Part 2: 1. Briefly describe the impact. 2. Describe{if applicable) how the impact could be mitigated or reduced to a small to moderate impact by proiect change(s). 3. Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer th'e question of importance, consider: · The probability of the impact occurring · The duration of the impact · Its irreversibility, including permanently lost resources of value · Whether the impact can or will be controlled · The regional consequence of the impact · Its potential divergence from local needs and goals · Whether known objections to the project relate to this impact. (Continue on attachments) 11 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 OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance Date: March 22, 1993 This no~ice 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: SCTMg: Location: S.H. Friemann and Others 1000-102-2-24 North side of Main Road; 1658.7 feet west of Cox's Lane in Cutchogue. SEQRA Status: Type 1 ( ) Unlisted (X) Cond. Negative Declaration: Yes ( ) No (x) Description of Action: Proposed three (3) lot subdivision of parcel located in both Agricultural Conservation District (AC) and General Business District (B). Proposed Lot 91 is 17.693 acres located in the AC District. Proposed Lots 2 and 3 are located in the B district and are 40,192 square feet and 42,688 square feet respectively. SEQR Negative Declaration - Continued Reasons 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. The proposed subdivision in itself is not expected to change the existing use of the property. Lot 1 is occupied by existing businesses, and Lot 2 will require a site plan approval for any future use in accordance with the "B" Business zoning. The "A-C" portion of the site is occupied by a migrant labor camp and farm related structures. Any further use of this portion of the property will require subdivision approval. Future site plan and subdivision applications (if filed) will consider access, drainage, design and layout, density and water supply, and other factors depending upon proposed use. The Suffolk County Department of Health Services has responded to the Planning Board's lead agency coordination. SCDHS has no objection to the Planning Board's designation as lead agency. The SCDHS provided comments, general in nature, representing several of that agencies most common concerns regarding Suffolk County projects. As stated in the report, the comments are intended primarily to expedite the procedural requirements of SEQRA pertaining to the establishment of lead agency. Correspondence has not been received from the New York State Department of Environmental Conservation in the allotted time. Therefore, it is assumed that there are no comments or objections from that agency. For Further Information: Contact Person: Melissa Spiro, Address: Planning Board Telephone Number: (516) 765-1938 Planner CC: Zoning Board of Appeals Southold Town Board Suffolk County Dept. of Health Services NYSDEC - Stony Brook NYSDEC - Albany N.Y.S. Dept. of Transportation PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Lalham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTr L. HARRIS Supervisor Town Hall, 53095 Main Road P,O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 March 23, 1993 Richard Cron Cron and Cron Main Road P.O. Box 953 Cutchogue, New York 11952 RE: Proposed Minor Subdivision S.H. Friemann & Others SCTM% 1000-102-2-24 Dear Mr. Cron: The following resolutions were adopted by the Southold Town Planning Board at a meeting held on March 22, 1993: . Be it RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, assume lead agency status, and as lead agency make a determination of non-significance, and grant a Negative Declaration. A copy of the Negative Declaration is enclosed for your records. Be it further RESOLVED that the Southold Town Planning Board override the March 4, 1993 Suffolk County Planning Commission report for the following reasons: Pursuant to a judgment, entered on October 5, 1992 in the Matter of Friemann v. Planning Board, the $outhold Town Planning Board was directed to process the proposed subdivision as a minor subdivision and to grant the relief therein requested. A decision was rendered on December 13, 1990 by the Zoning Board of Appeals on the matter of S. H. Friemann and others granting approval of access according to New York Town Law, Section 280-A over a private right-of-way subject to the following condition: $.H. Friemann & Others March 23, 1993 Page 2 That the access right-of-way be maintained in good condition to a minimum width of 18 feet (without obstructions) for the entire length for sufficient maneuverability by fire and emergency vehicles (pursuant to the requirements of New York Town Law). The Planning Board will be requiring that the applicant record a Declaration of Covenants and Restrictions allowing the present or future owner(s) of Lot 1 the provision for a right-of-way over Lot 2 and Lot 3 for Lot 1 to have sufficient access, now, and in the future, over Lots 2 and 3, and for the present or future owner(s) of Lot 1 to construct improvements to Town Specifications within such right-of-way should such be required for future development of Lot 1. The above mentioned covenant and restriction must be presented in a Declaration of Covenants and Restrictions in proper legal form. A copy of the draft Declaration of Covenants and Restrictions must be submitted to this office for review by the Planning Board and the Town Attorney. Once approved, the document must be filed in the Office of the County Clerk, and the Liber and page number must be noted on the final map. Please contact this office if you have any questions regarding the above. Sincerely, Richard G. Ward Chairman Encl. cc: Suffolk County Planning Commission Zoning Board of Appeals Sanford H. Friemann 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 OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance Date: March 22, 1993 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: SCTM~: Location: S.H. Friemann and Others 1000-102-2-24 North side of Main Road; 1658.7 of Cox's Lane in Cutchogue. feet west SEQRA Status: Type 1 ( ) Unlisted (X) Cond. Negative Declaration: Yes ( ) No (x) Description of Action: Proposed three (3) lot subdivision of parcel located in both Agricultural Conservation District (AC) and General Business District (B). Proposed Lot #1 is 17.693 acres located in the AC District. Proposed Lots 2 and 3 are located in the B district and are 40,192 square feet and 42,688 square feet respectively. SEQR Negative Declaration - Continued Reasons 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. The proposed subdivision in itself is not expected to change the existing use of the property. Lot 1 is occupied by existing businesses, and Lot 2 will require a site plan approval for any future use in accordance with the "B" Business zoning. The "A-C" portion of the site is occupied by a migrant labor camp and farm related structures. Any further use of this portion of the property will require subdivision approval. Future site plan and subdivision applications (if filed) will consider access, drainage, design and layout, density and water supply, and other factors depending upon proposed use. The Suffolk County Department of Health Services has responded to the Planning Board's lead agency coordination. SCDHS has no objection to the Planning Board's designation as lead agency. The $CDHS provided comments, general in nature, representing several of that agencies most common concerns regarding Suffolk County projects. As stated in the report, the comments are intended primarily to expedite the procedural requirements of SEQRA pertaining to the establishment of lead agency. Correspondence has not been received from the New York State Department of Environmental Conservation in the allotted time. Therefore, it is assumed that there are no comments or objections from that agency. For Further Information: Contact Person: Melissa Spiro, Address: Planning Board Telephone Number: (516) 765-1938 Planner CC: Zoning Board of Appeals Southold Town Board Suffolk County Dept. of Health Services NYSDEC - Stony Brook NYSDEC - Albany N.Y.S. Dept. of Transportation DEPARTMENT OF PLANNING CUI~LINTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE ARTHUR H. KUNZ DIRECTOR OF PLANNING March 4, 1993 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, NY 11971 Re: Minor Subdivision - S.H. Friemann & Others N/westerly Side of Main State Road, 1658.70 s/west of Cox's Lane, Cutchogue in the Town of Southold. Dear Mr. Orlowski: The Suffolk County Planning Commission at its regular meeting on March 3, 1993, reviewed the proposed subdivision plat, entitled, "Minor Subdivision - S.H. Friemann & Others" referred to it pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code. The attached Resolution signifies action taken by the Commission relative to this application. Very truly yours, Arthur H. Kunz Director of Planning Subdivision Review Division File: S-SD-93-01 FD:mb Attachment cc: J. Baier, C.E., SCDHS File No. S-SD-93-01 Resolution No. ZSR-93-24 of Suffolk County Planning Commission Pursuant to Sections A14-24, Article XIV of Suffolk County Administrative Code WHEREAS, WHEREAS, WHEREAS, RESOLVED, RESOLVED, pursuant to Sections A14-24, Article XIV of the Suffolk County Administrative Code, a referral was received by the Suffolk County Planning Commission on February 10, 1993, with respect to a proposed plat entitled, "Minor Subdivision - S.H. Friemann & Others" submitted by the Town of Southold Planning Board affecting premises located on the n/westerly side of Main State Road, 1658.70 s/west of Cox's Lane, Cutchogue, in the Town of Southold, New York, and said referral was considered by the Suffolk County Planning Commission at its meeting on March 3, 1993, and the Commission has voted to disapprove said referral, Be It Therefore That the Suffolk County Planning Commission hereby approves and adopts the report of its staff as the report of the Commission, Be It Further That said proposed plat is disapproved for the following reasons: The proposed subdivision will result in the creation of landlocked parcels; that is, parcels that do not have frontage on an existing or proposed public road. The creation of such lots is contrary to good subdivision layout principles and creates problems as far as access by emergency and service equipment is concerned. This lack of access could result in health, safety and welfare problems for the future users or residents of the landlocked lots, not to mention potential disputes over the use and maintenance of right-of-ways over adjacent parcels that may be created for the purpose of access. Creation of landlocked lots also places the Zoning Board of Appeals in the awkward position of having to grant a building permit for lots. Under Section 280-A of the Town Law the future owner(s) of the landlocked lot cannot be held responsible for the landlocked nature of their parcel. The Commission also offers the following comment on the map: The Commission is aware that once the applicant receives permission for legal access over the private right-of-way in accordance with Section 280A of the Town Law, the Planning Board has no choice but to grant the approval. Motion by: Commissioner Shepard Seconded by: Commissioner Stahlman Commission Vote: 10 Present - Yeas 9 Nays 0 Abstentions 1 Commissioner McDonald Dated March 3, 1993 Hauppauge, New York Suffolk County Planning Commission SUPREME Cour'~, SUFFOLK County Full tithe of action SANFORD H. FRIEMANN and others, ~tit~ner~ aga~st THE PLANNING BOARD OF THE TOWN.OF SOUTHOLD, AND ITS MEMBERS BENNETT ORLOWSKI, JR., Chairman, GEORGE RITCHIE LATHAM, JR., RICHARD G. WARD, MARK S. McDONALD and KENNET} L. EDWARDS, Respondent(s) Index No. Date Purchased RECBV D D[P.-, 6 · ,JUDIGIAL INTERVENTION For Clerk Only lAS entry date Name of assigned judge Date of assignment Fl' Issue joined (date ........................................................ ) (k'heck !/'applicabk9 [] Bill of particu ars served fcheck if applicable) In the City of New York only: [] The City of New York ~s a party to this action. [] The Transit Authority tot' MABSTOA) is a party to this action. NATURE OF JUDICIAL INTERVENTION (check) ~1 Request for prelitninary conference []: Other ex parte application [] Note of issue and/or cert ficate of readiness ' "' ~3 Notice of petition rett rn date Janu, A~Z.._~,.7..,._.J.~.9_:~....) ~ Notice of motion (return date ................................................................ ) Relief soughl .................................................................................................. Relief sought ...................................................................................................... Order to show cause (Clerk will enter return date ................................................................... ) Relief sought ...................................................................................................... [] Notice of medical malpractice action [] Notice of dental malpractice action [] Statement of net worth [~ Writ of habeas corpus [] Other (specify): ........................................................................................ Yort Motor vehicle Medical malpractice Dental malpractice Seaman Airline NATURE OF ACTION OR PROCEEDING (check) cc: Special Proceedings [] Tax certiorari [] Condemnation [] Foreclosure [] Incompetency or conservatorship Town Board Town A.t t~r .n. ey Chief o~ ~'o,ice Supt. of Highways Planning Board Griffing &Southwick Wm. F. Mullen. Jr. Other special proceeding, including but not limited to: Other tort, including but not limited to personal injury, [] Article 75 (arbitration) ~ property damage, slander or libel (specify): ......................................[] ,~;[i~]c 77 (express trusts) ........................................................... ....................................................................... [] Other (spec fy) ............ )_>.,~.~..~.~.~ ..... Matrimonial (contested) 12-] Contract ~..., "x.~' d//~a. ~//)~ Matrimonial (uncontested~ [] Other (snec f · · . : ' ch rider sheets if necessary to provide required information ~ '~/~,~,, [f any party is appearing pro se (xvithout an attorney), the r~:quircd information concerning such party is to be entc~ th~/space SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK In the Matter of the Application of X SANFORD H. FRIEMANN and others, Petitioner, For a Judgment under Article 78 of the Civil Practice Law and Rules Invalidating the Decisions of the Planning Board of the Town of Southold rendered March 12, 1991 and October 29, 1991, - against THE PLANNING BOARD OF THE TOWN OF SOUTHOLD, AND ITS MEMBERS BENNETT ORLOWSKI, JR., Chairman, GEORGE RITCHIE LATHAM, JR., RICHARD Go WARD, MARK S. McDONALD and KENNETH L. EDWARDS, Respondents. ...................... X NOTICE OF PETITION Index No. IAS Judge Assigned: SIRS : PLEASE TAKE NOTICE that upon the annexed petition of Sanford H. Friemann, verified on the 5th day of December, 1991, and upon the exhibits attached hereto, an application will be made to a Special Term, Part I, of this court, to be held at the courthouse thereof, located at Griffing Avenue, Riverhead, New York, on the 17th day of January, 1992, at 9:30 o'clock in the forenoon of that day, or as soon thereafter as counsel can be heard, for a judgment pursuant to CPLR Article. 78 vacating and annulling the letter decisions of the S©uthold Town Planning Board dated March 12, 1991 and October 29, 1991, and directing said Planning Board to process the petitioner's application as a set-off of a single lot in the "B" General Business District pursuant to Section A-106-13 of the Subdivision of Land regulations of the Southold Town Code, or in the alternative, as a minor subdivision consisting of two (2) lots in the "B" General Business District with Section 280A Town Law approved access over a 22 foot paved right-of-way or street, and that said Planning Board be further directed to process said application as one involving two (2) separate and distinct subdivided parcels by virtue of zoning application by the Town of Southold into a "B" General Business parcel and a "A-C" Agricultural Conservation parcel, and for such other, further and different relief as to this Court may seem just and proper. PLEASE TAKE FURTHER NOTICE, that an answer and supporting affidavits, if any, shall be served at least seven (7) days before the aforesaid date of hearing. Petitioner designates Suffolk County as place of trial. The basis of venue is petitioner's residence. December 5, 1991 Cutchogue, New York Dated: Yours, etc. Cron and Cron, Esqs. Attorneys for Petitioner Main Road, P.O. Box 953 Cutchogue, NY 11935 (516) 734-5100 TO: Planning Board of the Town of Southold. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK In the Matte~ of the Application of SANFORD H. FRIEMANN and others, For a Judgment under Article 78 Petitioner, of the Civil Practice Law and Rules Invalidating the Decisions of the Planning Board of the Town of Southold rendered March 12, 1991 and October 29, 1991, - against - THE PLANNING BOARD OF THE TOWN OF SOUTHOLD, AND ITS MEMBERS BENNETT ORLOWSKI, JR., Chairman, GEORGE RITCHIE LATHAM, JR., RICHARD G. WARD, MARK S. McDONALD and KENNETH L. EDWARDS, Respondents. To the Supreme Court of the State of New York The petition of Sanford H. Friemann in under Article 78 of the determination of to this court: VERIFIED PETITION Index No. IAS Judge Assigned: this proceeding the Civil Practice Law and Rules to review the respondents herein, respectfully shows 1. At all times hereinafter mentioned, the petitioner, Sanford H. Friemann, was, and still is, a resident of the Town of Southold, County of Suffolk and State of New York and · co-owner in fee of the premises described under Suffolk County Tax Map #1000-102-2-24, situate at New York State Route 25 in the Hamlet of Cutchogue, in the Town of Southold, as hereinafter described. 2. At all times hereinafter mentioned, respondents Bennett Orlowski, Jr., George Ritchie Latham, Jr., Richard G. Ward, Mark S. McDonald, and Kenneth L. Edwards were and are members of the Planning Board of the Town of Southold, and constituted and constitute the Planning Board of which board respondent Bennett Orlowski, Jr. was and is Chairman. 3. That Sanford H. Friemann and others is the owner of property located at Main Road, Cutchogue, New York, as described under Suffolk County Tax Map #1000-102-2-24, and an applicant before the Town of Southold Planning Board, and about whom certain decisions were rendered on March 12, 1991 and October 29, 1991 (see Exhibits "A" and "B" respectively). 4. That the aforedescribed property of petitioner consists of 17.693 acres in an "A-C" Agricultural Zone District, and the remainder consists of a parcel 82,880 square feet in a "B" General Zone District. The zoning of these parcels, the larger one agricultural-conserVation and the smaller one business, has existed for a long period of time. 5. That the "B" Business zoned parcel has been improved in part with a commercial building in use for well over 35 years. 6. That the "A-C" Agricultural-Conservation zoned parcel has been utilized for a landscaping and perennial nursery business for approximately 30 years. 7. That access from the Main Road (Route 25) to the "A-C" Agricultural-Conservation zoned parcel has been for all these years over a 22 foot paved right-of-way, 11 feet of which is over lands of a third party to the east, and the other 11 feet -2- over lands of the petitioner along the "B" General Business zone as delineated on map of Roderick Van Tuyl, hereto annexed as Exhibit "C" . 8. That the Southold Town Zoning Ordinance is not a cumulative ordinance in that it does not permit the same uses allowed in a more restrictive zone in a less restrictive zone. 9. That Article III, Section 100-30, sets forth the "Purpose" in the zoning ordinance with respect to an A-C Agricultural Conservation District, and other low-density residential zones, as follows: "Section 100-30. Purpose. The purpose of the Agricultural-Conservation (A-C) District and the Low-Density Residential R-80, R-120, R-200 and R-400 Districts is to reasonably control and, to the extent possible, prevent the unnecessary loss of those currently open lands within the town containing large and contiguous acres of prime agricultural soils which are the basis for a significant portion of the town's economy and those areas with s.ehsitive environmental features, including aquifer recharge areas and bluffs. In addition, these areas provide the open rural environment so highly valued by year-round residents and those persons who support the Town of Southold's recreation, resort and second-home economy. The economic, social and aesthetic benefits which can be obtained for all citizens by limiting loss of such areas are well documented and have inspired a host of governmental programs designed, with varying degrees of success, to achieve this result. For its part, the town is expending large sums of money to protect existing farm acreage. At the same time, the town has an oblJ. gation to exercise its authority to reasonably regulate the subdivision and development of this land to further the same purposes while honoring the legitimate interests of farmers and other farmland owners." -3- 10. That petitioner in or about September, 1990, sought the advice of the Planning Board to divide the "B" business zoned parcel into two (2) parcels, one of which was already improved with a commercial building fronting on New York State Route 25. 11. two (2) Zoning Board of That petitioner was advised by the Planning Board the business lots proposed required variances from the Appeals in the light of the fact that neither of the two (2) proposed lots met the requirements of the Southold Town Zoning Code as to Bulk Schedule requirements, to wit: the improved proposed lot with Route 25 did not meet the 150 foot width proposed contiguous unimproved lot in the not meet the 150 foot depth requirement. A Schedule is annexed hereto as Exhibit "D". 12. That petitioner was advised to file for a minor subdivision ~nd submit maps which would show the division of the frontage on New York State requirement and the rear thereof did copy of said Bulk "B" business parcel into two (2) proposed lots and the "A-C" Agricultural Conservation parcel of 17.693 acres on which petitioner conducts its perennial nursery operation, and which is unaffected by the division of the "B" General Business parcel. 13. That petitioner submitted the prqposed maps as requested, a copy of which is hereto annexed as Exhibit "~", and paid the requested required fee for the filing of a minor subdivision in the sum of $2,500.00, for which receipt number 37169 in the amount of $2,500.00 was issued on October 5, 1990. -4- 14. That petitioner thereafter made application to the Southold Town Zoning Board of Appeals for the necessary variances ~o proceed with the division of the "B" business parcel into two (2) improved parcels, and for approval under Section 280A of the Town Law of the existing paved right-of-way running from New York State Route 25 along the easterly boundary of the business parcel to the "A-C" Agricultural-Conservation acreage in the rear. 15. That on December Appeals of the Town of petitioner's application, the "B" General Business access pursuant to Section paved right-of-way running along "B" 'General Business parcel Conservation zoned parcel in the of the Zoning Board of Appeals is 16. That on March 12, 1991, 13, 1990, the Zoning Board of Southold rendered its decision on the granting the variances requested as to zoned parcel, and for approval of the to rear. a annexed as 280A of the Town Law over the 22 foot easterly boundary of the the "A-C" Agricultural- copy of the decision Exhibit "E". the Planning Board of the Town of Southold advised petitioner in writing that maps had to be submitted showing the following: 1. A 30 foot right-of-way from New 25 to the "A-C" Agricultural-Conservation zoned 'parcel, 2. A pavement width of 24 feet within the way in accordance with Town road specifications. 3. Payment of a fee in the sum of Board's Environmental Consultant to review environmental assessment form. York State Route and right-of- $400.00 to pay the petitioner's long -5- time, as 4. Additional requirements to be follows: a) Road profiles b) Bond estimate for improvements c) Park and Playground fee of provided at a later $2,000.00 for the residential lot. Finally, the Board converted the minor subdivision submitted by petitioner to a major subdivision on the ground that road construction is required. A copy of the Board's decision is annexed as Exhibit "~". 17. That on September 30, 1991, at the request of the attorney for the petitioner, application was made to the Planning Board to review the decision made in its letter of March 12, 1990, with the view to rescind its contents as to the requirement for road construction and major subdivision status. 18. That on October 29, 1991, the Planning Board rendered its decision, in writing, adhering to its original determination of March 12, 1991, a copy of which is annexed as Exhibit 19. That through the zoning process, the Town of Southold has divided petitioner's land into two (2) separate and'distinct parcels, that is, one "B" General Business and the other "A-C" Agricultural Conservation, and the fact of common ownership does not alter that result. 20. That petitioner's application proposed to divide the "B" General Business parcel into two (2) lots, one of which is unimproved and serviced for access by a 22 foot paved right-of- way running from New York State Route 25 aqd which is approved under Section 280A of the Town Law by the Zoning Board of Appeals. 21. That petitioner proposes no subdivision of the "A-C" Agricultural Conservation zoned parcel. 22. That petitioner is aggrieved by the decisions of the Planning Board made on March 12, 1991 and October 29, 1991, which among other things requires the construction of a right-of-way to a pavement width of 24 feet and the classification of a minor subdivision to a major subdivision. 23. That petitioner's application should be viewed as one for a set-off or creation of a single lot from a parcel of land under Section A106-13 of the Subdivision of Land regulations of the Southold Town Code, or in its strictest sense, as a two (2) lot minor Subdivision in a "B" General Business zone. A copy of Section A106-13(A) is annexed as Exhibit 24. That the Planning Board unjustly, illegally, capriciously and unreasonably required construction of a new road from an existing pavement width of 22 feet to a proposed width of 24 feet in order to classify the petitioner's application to that of a major subdivision. 25. That Section A-106-33A(2) of the Subdivision of Land regulations, cited by the Planning Board in its letter decision of October 29, 1991, is erroneously set forth as the basis for the 24 foot paved width requirement. This section applies to minor streets in a major subdivision, as the latter is defined in the Southold Code, and not as arbitrarily and illegally determined by the Planning Board by requiring new street -7- construction. A copy of Section A-106-33A(2) is annexed as Exhibit "G".. 26. That the Planning Board in its letter decision of October 29, 1991 erroneously sets forth as its basis for the requirement of increasing the pavement width of the right-of-way from 22 feet to 24 feet the Town Road Specifications. Section A-108-t5.1 of the Highway Specifications, a copy of which is annexed as Exhibit "H", shows no construction specifications for premises in a "B" or "A-C" zone. 27. That the Highway Specifications referred to in paragraph "26" above do not require more than a 22 foot pavement width in a right-of-way or street adjacent to a proposed two (2) lot subdivision in a "B" General Business zone. 28. That Section A-106-13 of the Subdivision of Land regulations under the Town Code defines both a Major and Minor subdivision, a copy of that portion of the Code hereto annexed as Exhibit "~". 29. That petitioner's apFlication, even if one were to consider the zoned "A-C" Agricultural Conservation parcel as a single lot, would fall within the definition of a ~inor subdivision, that is, less than four (4) lots fronting on an existing street, which in this case, is a Section 280A Town Law approved right-of-way running from New York State Route 25 along the easterly line of the "B" zoned parcel to the "A-C" zoned parcel. 30. That it is arbitrary, capricious, illegal, unjust and -8- beyond the power of the Planning Board to compel major construction, of an existing street or right-of-way already approved under Section 280A of the Town Law for the purposes of classifying petitioner's application, which at most is a minor subdivision, into a major subdivision to justify the Planning Board's requirements for the construction of a new street. 31. That said decisions of the Planning Board dated March 12, 1991 and October 29, 1991 are wholly illegal, arbitrary, capricious and unjust, and the following are the specifications and grounds thereof: a) The decision of Exhibit "A" to require the Planning Board as set forth in a 30 foot right-of-way from New York State Route 25 to the "A-C" zone of the petitioner was arbitrary, capricious, an abuse of discretion, and clearly in excess of the power of said Planning Board. b) The decision of the Planning Board as set forth in Exhibit "A''~ to require a pavement width of 24 feet was arbitrary, capricious, and action based on an erroneous application of the Town's Highway Specifications to the petitioner's application. c) That the Planning Board acts in excess of its jurisdiction when it arbitrarily and capriciously requires the construction of a road in what amounts at most to a-two (2) lot minor subdivision in a "B" General Business zone, where there exists a 22 foot paved right-of-way or existing street which has Section 280A Town Law approval for access. -9- d) That the Planning Board acts illegally, unjustly, and with an abuse of discretion, and in excess of its powers when it classifies petitioner's application as a major subdivision due to an improper requirement of road construction, in what amounts in its strictest application, is a minor subdivision. e) That for the reasons set forth in sub-paragraphs (a) through (c) above, the Planning Board erroneously and improperly requires road profiles and a bond estimate in its letter decision of March 12, 1991. f) That the Planning Board illegally, improperly and erroneously requires in its letter decision of March 12, 1991, a Park and Playground fee of $2,000.00 for the "A-C" zoned parcel which it arbitrarily classifies as a "residential lot". A copy of Section A-106-38 of the Subdivision of Land regulations which covers this area specifically under Paragraph E (3) thereof is annexed as Exhibit "J". g) That the Planning Board erroneously concludes in its letter decision of October 29, 1991 that except for the business improved lot on New York State Route 25 (Main Road), the petitioner's proposed lots do not have access on an existing street when, in fact, the Section 280A approved 22 foot paved right-of-way is an existing street with frontage on New York State Route 25 and provides direct access t~ the proposed lots. -10- Wherefore, your petitioner prays that the letter decisions of the Southold Town Planning Board dated March 12, 1991 and October 29, 1991, be reviewed and that the said decisions and determinations of said Planning Board be vacated and annulled, and that the Planning Board aforesaid, be directed to process the petitioner's application as a set-off of a single lot in the "B" General Business District pursuant to Section A-106-13 of the Subdivision of Land regulations of the Southold Town Code, or in the alternative, as a minor subdivision consisting of two (2) lots in the "B" General Business District with Section 280A Town Law approved access over a 22 foot paved right-of-way or street, and that said Planning Board be further directed to process said application as one involving two (2) separate and distinct subdivided parcels by virtue of zoning application by the Town of Southold into a "B" General Business parcel and a "A-C" Agricultural Conservation parcel, and for such other, further and different relief as to this Court may seem just and proper. Dated: December 5, 1991 Sanford H. Friemann -11- PLANNING BOARD MEMBERS Bcnnctt Orlowski, Jr., Chairman George Ritchie [.atham, Jr. Richard G. Ward Mark S. McDonald ' Kenneth L. Edwards Tclcphcme (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 March 12, 1991 Sanford H. Friemann Pinewood Main Road Cutchogue, New York 11935 RE: Proposed Major Subdivision S.H. Friemann & Others SCTM~ 1000-102-2-24 Dear Mr. Friemann: Prior to the Planning Board taking any action on the sketch plan for the above mentioned application, you must submit maps showing the following: A 30 foot right-of-way from Main Street (State Road 25) to the portion of the property located in the Agricultural Conservation District. A pavement width within the right-of-way of tw0nty-four (24) feet in accordance with the Town's Road Specifications. It is within the Planning Board's jurisdiction to require the construction of roads, and the bonding for such within the boundaries of the applicant's property. The Zoning Board of Appeals, in their December 13, 1990 decision, set forth a minimum road width of 18 feet. The Planning Board is requiring additional road width to meet the existing and future access needs of the entire subdivision. When the Board has received maps revised as per above, the State Environmental Quality Review (SEQRA) process will be initiated. The Long Environmental Assessment Form, which you have already submitted, will be reviewed by the Board's Environmental Consultant prior to the Board making a determination under SEQRA. You will be responsible for the $400 review fee. This fee must be submitted before the Board can authorize the consultant to proceed with the review. Page 2 S. H. Friemann & Others It should be noted that the following information will also be required. However, it is not necessary to submit the items listed below at this time. A. Road profiles in accordance with 1 and 2 from above. B. A bond estimate for the road improvements. Upon approval of the estimate, a Letter of Credit, or its equivalent, must be slibmitted before the Planning Board will authorize any endorsement of the final maps. C. A Park and Playground fee of $2,000 dollars for the residential lot. In addition, due to the fact that road construction is required, this application will be processed as a major subdivision. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr.' Chairman cc: Gerard Pf Goehringer, Chairman, Zoning Board of Appeals 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 OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 October 29, 1991 Richard Cron Cron and Cron Main Road P.O. Box 953 Cutchogue, New York 11952 RE: Proposed Major Subdivision S.H. Friemann & Others $CTM9 1000-102-2-24 Dear Mr. Cron: The Planning Board has reviewed the questions you raised at the Planning Board's September 30, 1991, meeting regarding the above mentioned subdivision. The Planning Board has classified this subdivision as a major subdivision due to the fact that the proposal requires the construction of a new street. A major subdivision is defined in the Town Code as "...subdivisions of five (5) or more lots, or any subdivisiDn requiring the construction of a new street or the extension! of municipal facilities." The existing business lot has frontage on Main Road. The proposed lots do not have access on an existing street, and therefore require the construction of a new street. It may be that the existing paved area is sufficient for the existing buildings. However, if your client wishes to subdivide his property, a road must be constructed to provide access to the interior business lot and the interior residential lot. As per Section A106-33 A(2) of the Town Code, all minor streets in major subdivisions shall be twenty-eight (28) feet in width. The Planning Board, in its discretion, may reduce the road width to twenty-four (24) feet. It is this road width, twenty-four (24) feet, that the Planning Board is requiring for your client's subdivision. The creation of the additional business lot alone warrants a twenty-four foot pavement width. Therefore, the Board is not in favor of any further reduction of the road specifications. The Planning Board awaits your client's submission of revised maps prior to proceeding with the review of this subdivision. Please contact this office if you have any questions regarding the. above. Very truly yours,, Bennett Orlowski, Jr. Chairman cc: Sanford H. Friemann AZ' CUTe N 0 G U F TOV,/N OF SGUTt,-.IOLD, H: ~. ~,ASSOr-IATE5- ~20.0 A~EA.= i9~.6 AC, -,I N 0 z , 694,97 \ \ N.Y, T~'L.£F'HOM~ C_O, ~ ~r'EST -~OLE Mtta. '/,~": . 'L%'F~IC^L '.,x/EL L_ PALE BrZO~/N i ~£C~ut~ 1'0 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyer.. Jr. James Dinizk'~, Jr. Telephone (516) 9 .~5-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCDTT L. HARRIS Supervisor Town E!all, 53095 Main Road P.O. Box 1179 Southold, New York 11971 F.~x (516) 765-1823 Telephone (516) 765-1800 December 18, 1990 Mr. Sanford H. Friemann P.O. Box 9':5 Cutchogue.. NY 11935 Re: Appl. No. 3987 - H & S Associates (Variances) Dear Mr. Friemann: Transmitted for your records is a copy of the determination rendered by the Board of Appeals at our December 13, 1990 Special Meeting concerning the above application. ~£ease be sure to return to the Planning Board and any other agency which may have jurisdiction for appropriate approvals. A copy of this decision has simultaneously been tran3mitted to the Planning Board and Building Department for their files and update. Yours very truly, Copy of Decision to: Building Department Planning Board GERARD P. GOEHRINGER IRMAN ~By Linaa ~owa,s~i Suf:iolk County Department of Planning APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Chm'les Grlgonis, Jr, Serge Doyen, J.r. James Dinizio, Jr. 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 Appl. No. 3987 ACTION OF THE BOARD OF APPEALS~ ~ Upon Application of S.H. FRIEMANN & OTHERS. Variance to the Zoning Ordinance, Article X, Sections 100-102 (Bulk Schedule) for approval of insufficient frontage (lot width) {as excists} along the Main Road of proposed Lot #3 and for approval of insufficient lot depth of proposed Lot #2, in this pending minor subdivision, and for approval of access according to New York Town Law, Section 280-A over a private right-of-way. Zone Districts: B-General Business and Agricultural Conservation.- Location of Property: North Side of Main Road, Cutchogue, NY; County Tax Map Parcel ID No. 1000-102-2-24. Total area: 19.596 acres. WHEREAS, a public hearing was held on November 29, 1990, and all those who desired to be heard were heard and their testimony recorlded; 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. The portion of the subject premises which ~s under jurisdiction in this variance application consists of ~ · approximately 82,880 sq. ft. and is located in the "B" General Business Zone District. The remaining 17.693 acres is located in the "A-C" Agricultural-Conservation Zone District. Page 2 - Appl. No. 3987 Matter of S.H. Friemann & others Decision Rendered December 13, 1990 The area of land under consideration in this variance has a frontage of 132.0 feet along the north side of State Route 25 (a/k/a Main Road) in the Hamlet of Cutchogue, Town of Southold. The width of the remaining (rear) section {referred to as Lot #1} is 683.44 fee~ {inclusive of easements}. 2. The 'subject premises as exists: (a) contains a total combined lot area of 19.596 acres; (b) are improved with structures as more particularly shown on the planlprepared by Roderick VanTuyl, P.C. dated November 1, 1990. 3. Article X, SeCtion 100-102, (Bulk Schedule) ~f the zoning code regulations (as amended January 9, 1989) requires a minimum lot depth of 150 feet and minimum width of 150 feet per lot. .~ 4~ The relief sought by this application are variances for approval of: (a) proposed southerly lot referred to herein as Lot 83 with a lot width (frontage) of 132.00 feet, inclusive of easements or right-of-way(or 117+- feet exclusive); ~(b) ~proposed center lot referred to herein as Lot #2 with a total lot area of 40,192 sq. ft., inclusive of right- of-way or easements; (c) access to Lot ~2 and Lot #1, over a 22 ft. wide right-of-way, half of which is shown to be located upon premises ~of the applicant and the other half upon premises of S & E Realty Co. {parcel to the east referred to as 1000-097-5-012}. 5. For the record, it is noted that the condition of the right-of-way is excellent without the necessity for further improvements at this time, except, however, that the entire access road must be maintained at a minimum width of 18 feet (without obstruction) for sufficient maneuvering and access by emergency (fire) vehicles. 6. In considering this application, the Board also finds and determines: (a) the relief as granted is substantial in relation t° the requirements; (b) the evidence submitted and practical difficulties claimed are sufficient to warrant a Page 3 - Appl. No. 3987 Matter of S.H. Friemann & others Decision Rendered December 13, 1990 grant of this v~riance; (c) there will be no substantial change in the character of the neighborhood, and a precedent would not be set since the shape and character of this land has existed since before the enactment of zoning in 1957; (d) the difficulties cannot be obviated by ~ome method feasible to the appellant to pursue, other than a variance; (e) that in view of the manner in which the difficulties arose, and in con- sidering all the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Goehringer, it was RESOLVED, to GRANT the relief as requested (and noted in paragraph ~4, supra), in the Matter of the Application of H & S ASSOCIATES (S.H. FRIEMAN & OTHERS) under Appl. No. 3987, SUBJECT TO THE FOLLOWING CONDITION: That the access right-of-way be maintained in good condition to a minimum width of 18 feet (without obstructions) for the entire length for sufficient manueverability by fire and emergency vehicles (pursuant to the requirements of New York Town Law). Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis and Dinizio. This resolution was duly adopted. lk GEP~ p. GOEfIRI~NGER,/IP~ HOV 16 '90 10:58 TOHH OF SOUTHOLD PLANNING BOARD MEMBERS Bennett Orlowski. Jr., CTnairman PJ~hard G, Ward ~ S. McDonald Kc~clh L. ~w~ds Tolephone (516) 765-1938 P1/1 ' I ' Post-ItTM brand fax transmittal memo 767t ~ o~ ~a,]es · t ~ -/ 7 PLANNING BOARD OFF[C[ TOWN OF $OUTHOLD JARRIS Supervisor Town Hall. §~095 Main R~ad P.O. Box ! 179 SOu~hold, New York 11971 .:: Fax (516) 765 ROAD SPECIFICATIONS Town of Southold Pavement Width NUmber of Lots (1) Zone District * 12 Ft. 1 * 16 Ft. 2-4 * 16 Ft. 5 & Over 20 Ft. 5 & Over 24 Ft. 5 & Over 28 Pt. All All R Zones All R Zones R-200, R-400 + R-120, AHD,. HD + R-80,R-40,AHD,& HD Industrial + + Designates ~oad ~av~ment without cu_rbs~_ utilizing drainage ..- in swales; vs. roads with curbing and drainage basins .. within the pavement area. · On site parking as required ~ the Planning Board. Zone District designation or land.developed at density of zone District, ie, R-80 Zone, but developed at R-120 density, road width would be reduced ~rom 24 to 20 Ft. § A106-13 SOUTHOLD CODE § A106-13 making such determination, the Planning Board shall give consideration, among other things, to: (1) Whether the lot to be set off is of such character as to be suitable for the intended purpose without danger of flood or other perils. (2) Whether adequate provision ia or will be made for drainage, water supply, sewer disposal and other necessary utilities and improvements. (3) Whether the lot to be set off is of such size as to conform with the present or future development of neighboring lands. (4) Whether the proposed set off w/Il be cons/stent with the present or future street layout of the neighborhood. (5) Whether the proposed set off will requ/re the extension of municipal facilities or services. (6) Whether the proposed set off w/il be in harmony with the future growth and development of the town. (7) Whether adequate means of access and off-street parking are provided. (8) Whether the proposed set off will adversely affect the present or future uses of neighboring lands. B. If the Planning Board grants approval to set off a lot as hereinbefore provided, it may impose such con. ditions as it deems necessary or appropriate. C. An application to the Planning Board to set off a lot as herein provided shall be accompanied by a fee of two hundred fifty dollars ($250.). [Added 4-19~83; amended 3-10-87] SUPERBLOCK __ A block of exceptionally large size in both dimensions, with access to inter/or lots by culs.de.sac branching in fi.om surrounding streets and providing one (1) or more open spaces. SURVEYOR __ A person licensed as a l~md surveyor by the State of New York. A10608 § A106-13 SUBDIVISION OF LAND § A106-13 purpose of relieving traffic on the major highway at the points of crossing. STREET, MAJOR -- A street or highway of great con- tinuity which serves or is intended to serve as a major traffic artery within the town or county, or both, and which is designated on the Town Plan as a main arterial highway, major thoroughfare, parkway or other equivalent term to identify those streets comprising the basic structure of the street plan. STREET, MINOR -- A street supplementary to a major street and of limited continuity which serves or is intended to serve the local needs of a neighborhood or a section thereof. STREET OR RIGHT-OF-WAY WIDTH -- The distance between property lines, measured at right angles to the center tine of the street. STREET, SECONDARY -- A street or road of can- alderable continuity which serves or is intended to serve as the principal or collector trafficway between large and separated areas or districts and which is the main means of access to the major street or primary road system. SUBDIVIDER or APPLICANT -- Any person, firm, corporation, partnership or association who shall lay out, for the purpose of sale or development, any subdivision or part thereof, as defined heroin, either for h/resell or others. SUBDIVISION [Amended 9-23-80]: A. The division of any parcel of land into two (2) or more lots, plots, blocks, sites or ether divisions of land, with or without streets or highways, including any ex- tension of any existing street, for the purpose, whether immediate or future, of sale or building development, and including resubdlvision; provided, however, that the term "subdivision" shall not include the seteff or creation of a single lot from a parcel of land, provided that before any such setoff or creation shall take place, the owner shall submit such proposal to the Planning Board for its approval and determination bf whether such seteff or creation constitutes a subdivision. In A10607 5.2~.s7 § A106-33 SUBDIVISION OF LAND § A106-33 feet in width. However, where it is determined that such width is not needed, the Planning Board, in its discretion, may designate that the width be reduced to twenty-four (24) feet ~n width, provided that the subdivider agrees to covenant that the indiv/dual lots will be so designated ~ to accommodate all off-street parking [at the rate of four (4) spaces per lot, not including each garage space]. (3) Subdivision roads built to either the twenty~ight- or twenty-four-feet road width shall meet the specifications set forth in Chapter A10$, Article III, including Standard Drawing Nos. SD-854A and SD-854MJ Improvements. Streets shail be graded a~d improved with pavements, curbs and gutters, sidewalks, drainage facilities, water mains, sewers, stxeetlights and street signs, street trees and fire hydrators and/or firewelis. Firewells shall have an eight-inch casing a~d a twenty, foot stainless steel screen and shall have a pumping capacity of three hundred fifty (350) gallons per minut4. There shall be a depth of water of at least for~y (40) feet. The number and location of fire hydrants and/or firewells shall be de- termined by the Planning Board. In making such deter- ruination, the Planning Board may seek the recom. mendation of the Commissioners of the Fire District in which the proposed subdivision is located. Notwith- standing the foregoing, upon request, the Pl~mntng Board, upon written approval of the Superintendent of Highways and thc Town Board Highw~ay Committee, may waive, subject to appropriate cDnditions, such improvements as it considers may be omitted without jeopardy to the public health, safety m~d general welfare. Pedestrian easements shall be improved as required by the Ptm~ming Board. Such grading and improvements shall be approved as to design and specifications by the Town Superintendent of High- ways and the To ;vn Board Highway Committee. [Amended 5-8-73; 12-9-75; 4-22-80] ~ Editor's Note: Department of Highways Standard Drawing~ are included at the end of Ch. Al08, Highway Sp~cificatlona. A10623 7 - 25 - 89 § A106-32 SOUTHOLD CODE § A106-33 K. Relation to topography. The street plan of a proposed subdivision shall bear a logical relationship to the topography of the property, and all streets shall be arranged so as to obtain as many of the building sites as possible at or below the grade of the streets. Grades of streets shall conform as closely as possible to the original topography. [Amended 5-8-73] L. Other required streets. Where a subdivision borders on or contains a railroad right-of-way or a major street right-of- way, the Planning Board may require a street ap- proximately parallel to and On each side of such right.of. way, at a distance suitable for the appropriate use of the intervening land (as for park purposes in residential d/s- tricts or for commercial or industrial purposes in ap- propriate districts). Such distances shall also be deter- mined with due regard for the requirements of approach grades and future grade separations. § A106-33. Street design. A. Widths. [Amended 6-6-89] (1) Widths of rights-of-way. Streets shall have the following widths. When not indicated on the Master Plan or Official Map, the classification of streets shall be determined by the Board. Minimum Right-of-Way Type of Street (feet) Major 100' Secondary or collector 80* Minor 50* * NOTE: Except when the Master Plan specifies a greater or lesser width. (2) Width of pavemc.t within rights-of-way. All minor streets in major s~bdivisions shall be twenty-eight (28) A10622 7-25-89 § A108-15 ItIGHWAY SPECIFICATIONS § A108-16 site disposal: all tree trunks, stumps, roots and other materials shall be removed from the site and disposed of by the contractor at the town landfill. § A10845.1. Construction specifications. [Added 11-2%1990] The specifications set forth in the following chart shall apply to all constructed roadways after December 1, 1990: A. Specifications. Finished Number of Pavement Width Lots Serviced (feet) by Road DensityS 12~ I All R zones 16~ 2-4 Ail R zones 16~ 5 and over R-2002, R:4002 20 5 and over R-1202, A~HD2,. HD2 24 5 and over R~80, R-40, AHD and HD 28 All Industrial ' NOTES: ~ Designates road pavement without curbs, utilizing drainage in swales vs. roads with curbing and drainage basins within the pavement area. 2 On-site parking as required by the Planning Board. s For a zone district designation or land developed at a density of zone district, i.e., R-80 Zone, but developed at R-120 density, the road width would be reduced from twenty-four (24) to twenty (20) feet. B. The Planning Board may require wider roads when necessary. § A108-16. Stripplng and stockpiling soil. Existing topsoil shall be stripped to its full depth between the right-of-way limits, or as ordered, and stockpiled on the site for fu- ture use. Stripping shall be completed prior to starting' general ex- cavation in an area. Al0811 ~- zs- ~o § A106-13 SOUTHOLD CODE § A106-13 not requiring the extension of municipal facilities, and not adversely affecting the :~evelopment of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the Master Plan, Official Map or Zoning Ordinance, if such exists,~ or these regulations. OFFICIAL MAP The map established by the Town Board pursuant to Section 270 of the Town Law, showing streets, highways, parks and drainage rights-of-way, both existing and proposed. PLANNING BOARD or BOARD -- The Planning Board of the Town of Southold, Suffolk County, New York. PRELIMINARY PLAT A drawing prepared in the manner prescribed by these regulations, showing the layout of s proposed subdivision, including, but not ressricted to. road and lot layout and approximate dimensions key plan, topography and dralnage~ all proposed facilities unsized, including preliminary ~lans and profiles, at suitable scale and in such detail as these regulations reqmre. [A~nended 5-8-73] PRELIMINARY PLAX' APPROVAL -- Approval by the Planning Board of the layout of the proposed subdivision as set forth in a preliminary plat. but subject to the ap- proval of the plat in final form in accordance with the provisions of Subdivision 7 of Section 276 of the Town Law. [Added 5-8-73] SKETCH PLAN A rough sketch of the preliminary layout (or final plat, in the case of minor subdivisions) to ..... enable the subdivider to save time and expense in reaching general agreement with the Board as to the form of the layout and pursuant to the objectives of these regulations. STREET A way for vehicular and pedestrian traffic, whether designated as a ssrees, road, avenue, lane or other way, located between right-of-way lines. STREET. LOCAL SERVICE -- A street running parallel ~c and in the immediate vicinity of a major highway for the A10606 § A106-13 SUBDIVISION OF LAND § A106-13. ENGINEER or LICENSED PROFESSIONAL ENGINEER _ A person licensed as a professional engineer by the State of New York. FINAL PLAT -- A drawing prepared in a manner prescribed by these regulations, showing a proposed subdivision and containing, in such additional detail as shall be provided by these regulations, all information modifications, if any, y the Pla~ning Board at the time of approval of a preliminary plat of such proposed subdivision if such preliminary plat has been Jo approved. [Amended 5-8-73] FINAL PLAT APPROVAL _ The signing of a final plat by a duly author/zed officer of the Planning Board after a resolution granting final approval of the' plat, or after conditions specified in a resolution granting cbnditional approval of the plat are completed. Such finala approval qualifies the plat for recording in the Suffolk County Clerk's office. [Added 5-8-73] LOT -- A portion of a subdivision or other Parcel of land intended as a unit for transfer of OWnership or for development. MAJOR SUBDIVISION _ All subdivisions not classified as minor subdivisions, including, but not limited to, subdivisions of five (5) or more lots, or any subdivision requiring the constructiou of a new street or the extension of municipal facilities. MASTER OR TOWN PLAN' ' A plan for tl~e develop- men~ of all or portions of the Town of Southold, prepared by the Planning Board pursuant to Section 272-a' of the Town Law. which plan inddCates the general locations recommended for various public Works, places and ssrucuures and the general physical development of the town, and includes any unit or part of such plan separately adopted and any amendment to such plan or parts therein. MINOR SUBDIVISION _ Any subdivision containing no~ more than four I4~ lots fronting on an e. xisting street or A10605 § A106-3~ SUBDIVISION OF LAND § A106-38 particular subdivision would create less than four (4) acres, the Board shall require that the recreation area b}~ located at a suitable place on the edge of the subdivision so that additional land may be added at such time as the adjoining land is subdivided. Recreation sites. Land reserved for recreation purposes shall be of a character and location suitable for use as ~ playground, playfield or other recreation purpose and shall be relatively level and dry. All laud to be reserved for dedication to the town for park purposes shall have prior approval of the Town Board. Other recreation reservations. None of the subsections above shall be construed as prohibiting a developer from reserving other land for recreation purposes in addition to the requirements of this section. Alternate procedure: money in lieu of land. (1) Where the Planning' Board deems that ,a reservation of land would be inadequate in size for park or playground use, either along or in conjunction with abutting reservations on adjoining subdivisions, tbe Planning Board may waive the requirement for such reservations, with the condition that the applicant deposit with the Town Board a cash payment in lieu of land reservation. Such deposit shall be placed in a special fund as required by Section 277 of the Town Law, as amended, and separately identified to show the name and location of the subdivision for which the deposit.was made. (2) Such deposit shall be used by the town for a neighborhood recreation area, including the acquisition of property. Such deposit must be used within a reasonable period of time and any such expenditure must be for facilities that will be actually available to and benefit the persons in said subdivision and be located in the vicinity of the subdivision. (3) The amount to be deposited with the Town Board shall be two thousand dollars ($2,000.) per lot for each vacant lot A10629 ' 7.zs-9o ,. ,Index No. STATE OF NEW YORK SUPREME COURT Year 19 COUNTY OF SUFFOLK In the Matter of the Application of SANFORD H. FRIEMANN and others, Petitioner, -against- THE PLANNING BOARD OF THE TOWN OF SOUTHOLD, AND ITS MEMBERS BENNETT ORLOWSKI, JR., Chairman, GEORGE RITCHIE LATHAM, JR., RICHARD G. WARD, MARK S. McDONALD and KENNETH L. EDWARDS, Respondents. NOTICE OF PETITION, PETITION and REQUEST FOR JUDICIAL INTERVENTION CRON AND CRON Attorneys for Petitioner Office and Post Office Address Main Road l% O. Box 953 CUTCHOGUE. N.Y. 11935 1516) 734 5100 To: Attorney(s) for Service of a copy of the within Dated: is hereby admitted. Attorney(s) for PLEASE TAKE NOTICE SETTLEMENT that the within is a (certified) true copy of a entered in the office of the clerk of the within named court on 19 that an Order of which the within is a true copy will be presented for settlement to the Hon. one of the judges of the within named Court, at on 19 , at M. Dated: To: Attorney(s) for CRON AND CRON Attorneys tot Petitioner Office and Post Office Address Main Road E O. Box 953 CUTCHOGUE. N.Y. 11935 (516~ 734-5100 STATE OF NEW YORK, COUNTY OF ss: I, the undersigned, am an attorney admitted to practice in the courts of New York State, and t~ certify that the annexed has been compared by me with the original and found to be a tree and complete copy thereof. say that: I am the attorney of record, or of eom~sel with the attorney(s) of record, for · I have read the annexed know the contents thereof and the same are true to my knowledge, except those matters therein which are stated to be alleged on information and belief, and as to those matters I believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon the following: The reason I make this affirmation instead of I ~ffirm that the foregoing statements are true under penalties of perjury. Dated: (Print signer's name below signature) STATE OF NEW YORK, COUNTY OF SUFFOLK ss: Sanford H. Friemann being sworn says: I am the Petitioner [] in the action herein; I have read the annexed Verified Petition know the contents thereof and the same are true to those knowledge, my except matters therein which are stated veri~u~ to be alleged on information and helief' and as to those matters I believe them to he true. the of a corporation, one of the parties to the action; I have read the annexed wmi~ti~, know the contents thereof and the same are true to my knowledge, except those matters therein which are stated to be alleged on information and belief, and as to those matters I believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon the following: Sworn to before me on Dec. 5, . 1991 STATE OF NEW YORK, COUNTY OF age and reside at being sworn says: I am not a party to the action, am over 18 yea~s of On , 19 , I served a true copy of the annexed in the following manner: [] by mailing the same in a sealed envelope, with postage prepaid thereon, in a post-office or official depository of s.~c~ the U.S. Postal Service within the State of New York, addressed to the last known address of the addressee(s) as ~ ~ indicated below: by delivering the same personally to the persons and at the addresses indicated below: Sworn to before me on ,19 (P~nt si~ler's name below signalize) SUPREME COURT, SUFFOLK .COUI'FYY the Matter of the APplication of, T.PdAL TERM PART 22 SANFORD 14, FRIEMANN and others, Petitioner, BY: MclNERNEY, J.S.C. For a Judgment under Article 78 of the Civil Practice Law and Rules Invalidating the Decisions of the Planning Board of the Town of Southold rendered March 12, 1991 and O::teb~r 29, 1991, DATED:' [ q a t-'--~'J. ,--71992 -against- INDEX NO.: 91-28767 THE PLANNING BOARD OF THE TOWN OF SOUTHOLD, AND 1TS MEMBERS, BENNETT ORLOWSKI, JR., Chairman, GEORGE RITCHIE LATHAM, JR., RICIIARD G. WARD, MARK S. McDONALD and KENNETH L, EDWARDS, MG CASEDISP Respondents. CRON & CRON, ESQS. A;torileys for Petitioner Main Road, P.O. Box 953 Cutchogue, NY 11935 Il'ARVEY A, ARNOFF, E._qQ. Attorney for Respondents P.O. Box 1179 53095 Ma/n Road Southo!d, NY 1197I ' By this Article 75 proceeding, petition.:r asks for judgment vacating and annulling the letter decisions of the Seuthold Town Planning Bc:,a'd dated March 12, 1991 and October 29. 1991, and d,,rectmg ~d Planmng Board to process the petmoner s apphcabon as a set-off et a s:ngle et m the B General Busmess D~stnct pursuant to SmUon A- 106-13 of the Subd~vmon et Land regulations of the Southold Town Code, or in the alt¢ motive, as a minor subdivision consisting of two (2) lots in the 'B" General Business District with Section 280A Town Law approved access over a 22 foot p~.~ed right-of~way or street, and that said Planning Board be further directed to process said. applicatiou as one involving two (2) separate and distinct subdivided parcels by virtue of zomng application by the Town of Southold into a "B' General Business parcel and a "A-C" Agrictdtural conservation parcel. The subject property of which petitionzr, Friemhnn, is a co-owner, comprises 19.5 acres, of which the northerly lot is 1.7.5+/- acres, zoned "A-C" Agricultural Conservation and 2 +/- acre.s, also a single lot, zoned "B" Business. PAGE 2 FRIEMANN V. SOUTI-IOLD INDEX NO. 91-28767 The lands are located on Main Road (l~oute 25), Cutchogue, New York. In September, 1990, petitioner "sough~ the advice" of the Town Planning Board (respondent herein) as to a proposed subdtw~ion' 'e' of the business zoned parcel into two. A commercial building was already situated thereon, fronting on Route 25. The Board's advice was that the Town Zoning Board of Appeals would have to grant variances since neither of the proposed subdivided parcels wonld meet certain frontage, width and depth requirements of the Southold Town Zoning Code. Petitioner was further advised to file for a minor subdivision and submit maps which would include the "A-C" Agricultural Con~rvation parcel on which a perennial oursery operation is conducted, but which would be unaffected by the subdivision. The maps were furnished to the Planning Board and a fee of $2,500.00 paid (for a minor subdivision). D , Subsequently, follow, ing application to the Zoning Board of Appeals, the latter, on ecemoer 13, 1990 granted the variances and, as had additional, l~, been reqnested, approved access over the 22 foot paved right-of-way running in a northerly directmn from Main Street to the Agricultural Conservation parcel. Among the Zoning Board of Appeal's findings was: "Fo~ the record, it is noted that the cond~tmn of the r~ght-of-way is excellent, wtthou, the necessity for.further i~nprovements at this time, except, however, that the entire access road must be maintained ara nfinimum of 18 feet (without obstruction) for sufficient maneuvering and a:cess by emergency (fire) vehicles." On re-approach to the Planning Board, it, by letter dated March 12, 1991, indicated that before it would take any action, maps had to be submitted showing a 30 foot (wide) right-of-way from Main Street (Rte. 25) to the Agricultural Conservation District, and the pavement w~dth within the right-of-way should be 24 feet. The reason given for the additional road width was "to meet the existing and future access needs of the entire subdivision". Required also were "road profiles" in a:cordance with the right-of-way widening; a bond estimate for road improvements; and a "Park m~d Playground fee of $2,000.00 dollars for the residential lot." There then followed the statement ,,in addition, due to the fact that road construction is required, this application will be processed as a major subdivision." On September 30, 1991, application was made by petitioner to the Planning Board to review its March 12th decision, but the Board, by letter of October 19, 1991, reiterated its previous determination, setting forth, in part: The Planning Board has classified this subdivision as a major subdMsion due to the fact that the proposal requires the construction of a new street. A major subdivision is defined in the Town Code as" ... subdivisions of five (5) lb, U-' FROH PI~'iEI,IOOD PEE'EHi~T?2 GARDEH TI] ~-' ~= -'- pAGE3 FRIEMANN V. SOUTHOLD INDEX NO. 91-28767 or more lots, or any subdivision requiri.ng the construction of a new street or the extension cf mumcipal facilities. ~ The existing business lot has frcrltage on Main Road. The proposed lots do not have access on an existing street, and therefore require the construction of a new street. It may be that the existing paved area is sufficient for the existing buildings. However, if your client wishes to subdivide his property, a road must be constructed to provide access to the interior business 10t and the interior". residential lot. As per Section A106-33 A(2) of the Town Code, all minor streets in major subdivisions shall be twenty-eight (28) feet in width. The Planning Board; in its discretion, ,nay reduce the road width to twenty-.%ur (24) feet. It is this road width, twenty-four (24) feet, that the Planning Board is requiring for your client's subdivision. The creation of the additional business lot along warrants a t.wenty-four foot pavement width. Therefore, the Board ~s not in favor of any fl~rther reduction of the mad specifications... In support of its position, respondent notes that "this lawsuit is the result of a dispute regarding the dimensions of the access road necessary to properly and safely serve the subject subdivision"; that it was the Board's opinion that a 24 foot paved road is required to adequately serve the access needs of the proposed subdivision, and that such .judgment should not be disturbed by the Court. Respondent gives as its reason for classifying the subdivision as "major" as due to the fact that his (petitioner's) proposal requires the construction of a new street. Cited is Sec. Ai06-33 A(2) of the Code that ail minor streets in major subdivisions shall be 28 feet in width but [he Planning Board has discretion to reduce the road Width to 24 feet. which it has done in this instance. Contrarily, petitioner observes that 1 } feet of the right-of-way is on an adiacent property owner's premises (by permission) and extension of the roadway in the other dir~.ction would affect the existing commercial buildings and also a su'ustantial part of an existing tree line would have to be removed: that the submission of road profiles and a letter of credit or its equivalent for road improvements are totally unnecessary requi~:ments if no road widening is required by the Court. As to a Park and Playground fee of $2,000.~0, the imposition of same is not warranted by the application submitted. The Planning Board in converting the petitioner's application to a ajor subdtwsion considered the 17+ acre "A C" parcel to be a single lot and arbitrarily assessed the $2,000.00 Park fee. There is no subdMsion of t?.e "A-C" zoned parcel submitted to the Planning Board, and thus, no land could be compelled therein for Park and Recreation purposes. If such be the case, no assessment in lieu of land can be made by the Planning Board. Moreover, there can .be no land required for Park purposes on the division of a business parcel wlfich is in fact the nature of the petitioner's application. PAGE 4 FRIEMANN V. SOUTIIOLD INDEX NO. 91-28767 D E<~'I$ION~ The determination by the Town Planning Board is considered to have been arbitrarily and capriciously rendered, and is hereby vacated. The Planning Board is directed to allow petitioner's application, as submitted to it. Definitions f'rom the Town Code follow: MINOR SUBDIVISION - Any subdivision containing not more than our (4) lots fronting on an extsnng street or not requiring the cxtension of municipal facilities, and not adversely affecting the development of the remainder of the parce, l.or adjoining property and not in conflict with any provmton or portion of the Master Plan, Official Map or Zoning Ordinm~ce, if such exists, or these regulations. MAJOR SUBDIVISION ~ All subdivisions not classified as minor subdivisions, including, but not limited to, subdivisions of five (5) or more lots, or any subdivision requiring the. construction of a new stree~ or the extension of munimpal facilities. In the Court's opinion, the subject pa?eels fit into the above defined category of Minor Subdivision, not Major. Respondent's argument that "due to the fact that road construction is required, this application will be processed as a Major subdivision" is illogical since the only reason given for the need of road construction is that it is a Major subdivision; and it is a Major subdivision because road construction is required. This is faulty, circuitous logic. As petitioner points out, there is no sul~port for respondent's 2 foot widening from 22' to 24' because of the addition of one unimproved i~usiness lot, or that the safety and well-being of the community would thereby be enhanced. Petitioner notes that Southold Town Code "Highway Specifications" Sec. A 108-15.1 "Construction SpecificationF' applicable to all constructed roads after December 1, 1990, does not' concern the zones in which tim subject parcels are located, drawing the conclusion from this that "The Town Board, as the sole legislative authority, elected not to include the road width requirements for the "B" Business zone and the "A-C" Agricultural Conser~'ation zone. From Cur~ier v ?Ianning Board of the Town of Huntington, 74 AD2d 872, 426 NyS2d 35 [AD2d Dept 1980]): The court will only substitute its judgment for that of the planning board when the board has abused its discretion or has acted arbitrarily or illegally (1 Anderson, New York 'PAGE 5 FRIEMANN V. SOUTHOLD INDEX NO. 91-28767 Zoning Law and Practice [2d ed.)~ §15.09; Matter of Eckels v. Mttrdock, 265 N.Y. 545, 193 N.E. 313; Matter of Roth v. Fr~edman, 51 A.D.2d 728, 378 N.Y.S.2d 784). Herein, such arbitrariness in the Planning Board's decision, is found. Th~ petition is granted, and the determinatiofis of respondent as included in its letters of March 12, 1991 and October 29, 1991, are annulled and vacated. Respondent shal! accord to petitioner the relief requested in his application to it. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles G-figonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. 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 December 18, 1990 Mr. Sanford H. Friemann P.O. Box 915 Cutchogue, NY 11935 Re: Appl. No. 3987 - H & S Associates (Variances) Dear Mr. Friemann: Transmitted for your records is a copy of the determination rendered by the Board of Appeals at our December 13, 1990 Special Meeting concerning the above application. Please be sure to return to the Planning Board and any other agency which may have jurisdiction for appropriate approvals. A copy of this decision has simultaneously been transmitted to the Planning Board and Building Department for their files and update. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Copy of Decision to: Building Department Planning Board Suffolk County Department of Planning APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 SCOTT L. HARRIS Supervisor BOARD OF APPEALS TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 ' Telephone (516) 765-1800 November 15, 1990 TYPE II ACTION DECLARATION Appeal No. 3987 ~ ~ Project/Applicants: ~-M~Ass0ciates County Tax Map No. 1000- ]02-2-24 Location of Project: 3]095 Main Rd., Cutcb09ue, NY Relief Requested/Jurisdiction Before This Board in this Project: Variance as to insufficient lot width of Lots 2 and 3 in this pending division. This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be 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 Type 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 interest 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, NY 11971 at (516) 765-1809. mc APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ScoTr 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. 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, Enclosure GEI~ARD P. CHAIRMAN GOEHRINGER Copies to the following on or about 11/13/90: L.I. Traveler-Watchman (delivery 11/13) Suffolk Times, Inc. (delivery 11/13) Bulletin Board (Lobby) Individual ZBA files J. Kevin McLaughlin, Esq. Mr. Herbert Lindtveit (hand-delivery 11/13) Mrs. Beverly Lehr (hand-delivery 11/13) Mr. John Scaramucci, P.O. Box 1043, 2045 Westphalia Road, Mattituck, NY 11952 (Re: Vangi) Mr. Sanford Friemann, P.O. Box 915, Cutchogue 11935 (Re: H & $) Mr. Curt Meyhoefer, 2195 Albertson La, Southold 11971 (Re: Copin) Marie Ongioni, Esq., P.O. Box 562, Greenport 11944 (Re: Copin) John M. Wagner, Esq., P.O. Box 279, Riverhead 11901 (Re: Sun Oil) Donald M. McGayhey, Esq., Box 981, Southold 11971 (Re: Maloney) Mrs. Phyllis Rayne Byer, Box 1161, Cutchogue 11935 Re: Milazzo: Salvator A. Caradonna, 23 W. John St., Hicksville, NY 11801 Mr. John Milazzo, 137 Kings Road, Hauppauge 11788 Mrs. Muriel Baldwin, 1045 Island View La, Greenport 11944 Philip J. Cardinale, Esq., P.O. Box W, Main Rd, Jamesport 11947 Marie Ongioni, Esq. (same as above) Mr. Victor Lessard, Principal Building Inspector Mr. Arthur G. Carlson, Box 693, Southold 11971 or UEARISCS , NOTlCE Is HEREBY ~IVEN, pursuant to ~ction ~7 of the T~n ~w and the ~C~e of the Town of Southold, the following hearings will be held by the SOUTHOLD ~WN BOARD OF APPEALS at a ~gaiar Meeting, at. the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, NOVEMBER 29, 1990 at the following times: 7:30 p.m. Appl. No. 3972~ PETROL STATION LTD. Hearing continued from November 1, 19~. 7:3~ p.m. Appl. No. 398~-- HERBE~ AND CATHER- INE LIN~VE1T. Variances to .,, ~e ~ning Ordinanc~ Article :.~VIII, Section 1~-239.4B and Article XXIV, Section I~-2~B for proposed one- sto~ and ~nd-sto~ additions with two-foot over-hangs (can- til~ers). Portion of additions will be less than 75 feet f~m bulkhead along Cor~ C~ek and will reduce both side yards to less than the minimum re- quired at 10 and 15 feet. The dwelling as exists has noncon- forming side yards, and the lot ~a and width are ~so noncon- forming in this R~0 ~ne Dis- trict. ~cation of Property: 625 Windy Point Lane (Private Road gl2), Southold, NY; County Tax Map Parcel 1~87-4-7. 7:~ p.m. Appl. No. 398~ BARRY AND BEVERLY LEHR. Vari~ce to the ~ning ' Ordinanc~ A~icle III, Section 1~30.2A for approval of the location of accessory building ~ ,,~t~ ~ ~ ~ other th~ ~e '~uired ~r yard and located w~thin 7~ feet of the bulkhea~e along Goose C~ek (a/k/a West C~k). ~t is nonconforming as to lot ~a ~d width in tMs R~ ~ne District. ~cation of Pro- perty: 15 Sun ~ne, Southold; also referred to ~ ~ts 1 & 2 on the Subdivision map of'"West C~ek Development" filed July 6, 1937 as County Pile No. 1236. County T~ Map ~cel ID No. l~-?&l-l. 7:45 p.m. Appl. No. 3988-- ~NIO VANGL V~iance to the ~ning Ordinanc~ Article XXIV, Section 1~-2~ and Ar- tide XXIII, Section 1~-239.4, for permission to construct garage addition w~th a setback of less than 1~ feet from the top of the bluff along the ~ng Island Sound and with side yards at less than thc required 15 feet and 20 feet. The dwelling as exists is nonconforming as to total sideyards, and the lot area and width are nonconforming in this R-40 Zone District. Loca- tion of Property: 645 Glen Court, Cutchogue, NY; Vista Bluff Map No. 5060, Lot #1; County Tax Map Parcel ID No. 1000-83-1-7. ~ 7:55 p.m. Appl. No. 3987-- H&S ASSOCIATES by Sanford Friemann. Variance to the Zon- ing Ordinance, Article X, Sec- tion 100-102 (Bulk Schedule) for approval of insufficient fromage (lot width) (as exists) along the; Main Road of proposed Lot #4 and for approval of insufficien~ lot depth of proposed Lot g2, in~i this pending minor subdivision, ',~ and for approval of access ac- cording to New York Town Law, f Section 280A over a private right-of-way. Zone Districts: B- General Business and Agricul- tural-Conservation. Location of Property: North Side of Main Road, Cutchogue, NY; Count~ Tax Map Parcel ID No. 1000-102-2-24. Total area: 19.596 acres. 8:05 p.m. Appl. No. 3977~ BETTY J. COPIN. Continued from November 1, 1990. 8:15 p.m. Appl. No. 3788-- SUN REFINING & MARKET- ING. Variances to the Zoning Ordinance, Article X, Section 100-102: (1) for permission to es- tablish convenience store use in conjunction with and accessory to the existing gasoline station use on this substandard parcel which contains less than 30,000 sq. ft. in lot area; (2) for inter- pretation as to height limitation of accessory (canopy) structure, and (3) for approval of canopy structure in the front yard loca- tion. Location of Property: Cor- · ncr of the Easterly Side of Fac- tory Avenue and Northerly Side of the Main Road, Mattituck, NY; County Tax Map Parcel ID No. 1000-142-1-27. 8:30 p.m. Appl. No. 3983-- JANET MALONEY. Variance to the Zoning Ordinance, Arti- cle XXIII, Section 100-239.4B for approval of deck within 75 feet of bulkhead along Hog Neck Bay. Lot is nonconform- ing as to lot area in this R-40 Zone District. Location of Pro- perty: 30 West Lake Drive and 2505 Little Peconic Bay Lane, Southold, NY: County Tax Map Parcel ID No. 1000-90-1-25; Cedar Beach Park LOt No. 125, filed Map No. 90. 8:35 p.m. Appl. No. 3981- PHYLLIS RAYNE BYER. Variance to the Zoning Ordi- nance, Article 111, Section 100-30A(I), as disapproved, for approval of second dwelling apartment unit, as exists. Build- ing as exists contains two dwell- ing units and retail store in this Limited Business (LB) Zone District. Lot is nonconforming as to lot area, width and depth. Location of Property: Corner of South Side of Main Road and the East Side of Bay Avenue, Cutchogue, NY; County Tax Map Parcel ID No. 1000-85- 3-2.1. 8:45 p.m. Appl. No. 3973-- JOHN AND ROSE MILAZZO. Variances to the Zoning Ordi- nance, Article XXlII, Section 100-239.4 [a/k/a 100-239d(B)] and Article XXIV, Section 100-244B for permission to locate addition and reconstruc- tion of dwelling structure with setbacks: (a) at less than the re- quired 75 feet from the bulk- head, (b) at less than the re- quired minimum 35 ft. rear yard at its closest point, and (c) at less than the required 10 ft. and 15 ft. minimum side yards, (d) at less than the total side yards re- quired minimum of 25 feet. Existing dwelling structure is nonconforming as to the nor- therly side yard, the rear yard, and the setback from the bulk- head. Lot area and width is non- conforming in this R-40 Zone District. Location of Property: 9 Island View Lane, Greenport, NY; County Tax Map Parcel ID No. 1000-57-2-20. 8:55 p.m. Appl. No. 3955-- DOMINICK SBLENDIDO & A. AURICCHIO. Interpretation requested regarding second kit- chen facilities and its relation to single-family versus two-family uses, and a variance for addition with an insufficient frontyard setback. 185 Inlet Lane, Green- port. Continued from Novem- ber 1, 1990. 9:15 p.m. Appl. No. 3975-- ARTHUR G. CARLSON. Interpretation and Variance to the Zoning Ordinance, Article ~llI, Section 100-30 (as disap- proved by the Building Inspec- tor) for permission to accept delivery of shellfish from local waters, to shuck the shellfish, and to deliver or ship the scat- Io~ ~' ~t~, ~,~, ~ sale distribution. S~IIo~ ~ co~h~ ~o ~ ~ f~ off- p~i~ ~umpt~ ~ ~ ~ne ~tfi~: ~g 1575 ~ ~ ~utho~, ~ County ~ ~p ~l N~ 1~5-13.X Con- finu~ from N~r I, I~. ~e ~ of Aphis ~ al ~d ~ p~ h~d siring to ~ he~d in each of the abo~ ~. Written ~m- ments ~ also ~ submitt~ prior to ~e conclusion of ~e subj~ ~ng. ~ch he~ng will not s~ ~fo~ the time ~- lottO. ~A~fional time for ~ur p~senmfi~ ~11 ~ a~labl~ if n~ded. ~r mo~ info~ation, plebe ~1 765-18~. Dated: N~r 9, I~. BY ORDER'OF THE ~UTHOLD ~WN BOARD OF APPEALS GE~RD P. GOEHRINGER CHAIRMAN By Linda Kow~ski IX, 11/15/~ (30) COUNTY OF SUFFOLK ss; STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ................... /. ...... weeks successive!y, commenc ng on the ........ ./~.~...;~.... Sworn to before me this ..................... day of ........... .~/~....-e./~... .... ~9 ~... Notary Public BARBARA k 8CHNEIDEi~ NOTARY PUBUC, ~t~.~ No, 4806846 Qualified in Suflqlk CoeqI~ Commission r, pim --NOTICE OF HEARINGS Law ~nd the Code of the Town of Southold, the followln8 hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, NOVEMBER 29, 1990 at the fol- lowing tbnes: 7:30 p.m. Appl. N~. 3972 ~ PETROL STATION LTD. Heating con,hued fr~n November 1, 1990, 7:35 p.m. AppL No. 3985 -- HERBERT AND CATHERINE L~ND'I~EIT. Vari~cg* to the tie. 100-239.4B and An/de XX1V Sec6on 100-24~B for pmpmed ~e- two-ibex over-hangs (cantileven). I~ticn of additions will be less than 75 feet from bulkhead along Comy~ C~:k and will reduce both ride yards to less than the minim~rfl required at IOabd 15 feel The dwelling as exists has nonce~onnln8 side yards, and the lot ama and width am also na~- co~forming in this R-40 Zone Dis- trict. Location of Property: 625 Windy Point Lane (Private Road #12), Semibold, NY; County T~t Map Pamel IC00-87-4-7, 7:40 p.m. Appl. No, 3986 -- BARRY AND BEVERLY LEHR. Variance to the Zoning Ordinance, Article ITl, Section 100-30.2A for approval of the location of accessory building located in an ar~a other than the required rear yard and located w~thin 75 fee~ of the bulk- head along Goose Creek (a/Wa West C. mek). Lot is nonconforming as to let area and width in this R-40 Zone District. Locatinn of Property: 15 Sun Lan~, Somhold; also ~fe~st to as Lose I & 2 on the Subdivision map of "West Creek Development" fded galy 6, 1937 as County File No. 1236. County Tax Map Parcel ID No. 1000-76-1-I. " 7:45 p,m. AppL No. 3988 -- ANTONIO VANGL Vari~ce to the Zoning Ordinance, A~icle XXIV, Se~ti0n 100-244 and Article XXHI, Section' 1(]0-239.4, for permission o~mtm~ garage addition with a set- I~ck of less than 100 feet fmrn the top of the bluff along she Long Island Smmd and with side yards less than the required 15 f. et and 20 feet The dwelling as exists is non- the lot ar~a-a-~d-v,~l~L~e_~oA- conforming in this R-40 Zone Dis- Court, Cutchogue, NY; Vista Bluff Main Read, Cm~agu~, NY; Com~ ~ ~ P~ ~ N~ I~1~-~ f~ ~. ~ ~: 19~ ~ ~f~g as m ~ ~ly 8:05 p.m. Appl. No. 3977 ~ B~I-t'Y ~. ~P~. ~ ~ ~ f~ ~e ~ad. ~ ar~ N~ 1, 1~ ~ 8:15 p.m. Appl. No. 378~ ~ "~' R-40 Zono Dintficc L~ation of S~ ~G & ~G. -Pmpofly: 9 Isled View Lane. V~ ~ ~ ~ ~. ~a~fl, NY; County T~ Map A~e X, ~ 1~1~: (1) f~ ~s~ ~ ~ ~ s~ u~ ~ ~j~i~ wi~ ~ ~M~CK SBLENDIDO & ~sso~ m ~e ~is~g g~o~e~~ AURICCHIO. Inte~tntion ~ u~ ~ ~ ~ ~- ' ~m~ ~g~ ~d ki~h~ ~ ~ ~ ~ss ~ ~,~ f~ ~d ~ ~ to s~- ~, ~ ~ ~ ~ ~) f~ ~p,~- f~y ~ ~fly u~, ~ a ~ (~) s~ ~ ~) f~ c~t f~ard set.ck. 185 ~int ~ of ~ s~m ~ ~ ~ne, ~ ~t~ued f~ front yard location. L~ati~ of P~ny: Comer of ~e Easterly Side of Fncto~ Avenue and ' ARTHUR G. CARLSON. No~erly Si~ of ~e ~ R~d, ~te~m~ti~ ~d V~ri~ to Martituck NY County Tax Map ~ ~ No. 1~142-1-27. 8:30 p.m. AppL No. 398~ ~ ' - ~ B~g ~s~r) for ~issi~ I~T ~LO~ ~ m ~ ~ a~ ~v~ of shush f~ ~g O~ce, Article X~, ~ ~, ~ ~ ~ s~, ~ 1~9.4B for ~ of ~d m ~Hver m ~ip ~ s~H~s deck wi~in 75 feet of ~lkhead ' M~g Hog N~k Bay. ~t ~ n~- ~. ~o~g ~ mlm ~ ~ ~ R- ~~ ~ f~s ~ ~ ~e Dis~ ~fi~ ~ ~ ' '~ ~ ~ ~: Agd~- ~: 30 W~ ~ ~ ~d ~ m~l~a~ (AC~ ~fle ~c Bay ~e, ~d, of Pro~rty: 1575 Lowef Road, ~; ~ty T~ M~ ~ ~ No. 10~-90-1-25; Cedar B~ch Park / ~ No. 1~-5-13.2. ~u~ ~ No. 125, fd~ Map N~ ~ s~ ~ N~r I, 19~. 8:35 p.m. Appl. No. ~981 ~ PH~ ~ BY~ Va~m ~i~ 1~-30A(I), ~ d~,~, h~ for app~val of se~d dwelling a~ ~ ~ ~. Bu~d~ ~ ~ ~to ~e ~mi~ ~ ~istf c~ns t~ dweHhg ~i~ subj~ h~f. nd ~ s~ ~ ~h ~i~ Busi- nm sta~ ~fo~ ~e t~e ~o~. n~s (~) ~ ~ ~ h ~. ~. Additional time for your p~- ~o~g ~ ~ ~ ~, wM~ ~d ~ Si~R~ 765-1~. MapNo. 5060, Lot #1; County Tnk East Side of Bay Avenue, Map Parcel lD No. 1000-83-1-7. ~_ Cutchogue, NY; County Ttx map ~ ~ A SOCRATES by Sanford Fr~e- ~ 8:,45 p,m. AppL No. 3973 -- GERAR~EGOEHRINGER ] ~ numa, Vannnce to the Zonin80nli-~./~ JOHN AND ROSE MILAZZO. , · CHAIRMAN ~ nance, Article X, Section 100-I~2~]~ 1 · Variances to the Zoning O~dlnan~, - · -' ' ~ 'By Linda Kown~,i (B ule) for approval ~ m- . ~Amcle XXHI, Section 100-239 4 6867-1TNI5 . sufficient fmmage (10~ width) (as ' ' {a/k/a 100-239al(B)} and A~icl~ ~ ' exists) ~lc~8 the Main Road o~ pro- XXIV, Section 100-244B for I~W- ' posed Lot #3 ~nd for approval of ~; mission to lo.ate edditin~ and m-" in~fficlmt 1~ del~h of pm~ L~ #2, in this pending minor sub- ' . c~stm~ion of dwelling stmctu~ with setbacks: (a) at tess than th~ division, and for a~oval of .,-,-~ ~quimd 75 feet from the ~u,IM~.. ~q~ ~ according to New Yo& Tovm Law, :. (b) at less than the required mini- ~ 280A over · pri*ate tight-of- ~ mum 35 ft. tear yam ~t ~ cloven "? way. Zone Disulcts: B-General ~ point, ond (c) nt less than t~e m- -. · ne.{s.ao~ ,AgAo,~ul~-C~,e~,a~ion.' ~,qm~ed 10 I~...~d 15 ft. tntmm~ STATE OF NEW YORK} } SS: COUNTY OF SUFFOLK} Sharon Rock of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck~ in the Town of Southold~ County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks. successively, commencing on the 15 day of November 19 90 Principal Clerk DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 December 31, 1990 To~m of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Co~isston are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Herbert & Catherine Lindveit ~/S. H. Friemann & Others 3985 3987 Very truly yours, Arthur H. Kunz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD sco'i-r 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 XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: X Variance from the Zoning Code, ArticleX , Section 100-102 Variance from Determination of Southold Town Building Inspector. Special Exception, Article , Section Special Permit Appeal No.:3987 Applicant: S.H. Friemann & Others Location of Affected Land: North Side Main Road, Cutchogue,NY County Tax Map Item No.: 1000-102-2-24 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) X State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, __ Boundary of Existing or Proposed County, Other Recreation Area Thruway State or Federally Owued State or Federal Park or or 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, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting~m~m~d~x~xxbo~ approval insufficient ¢~onf~go ~At #3 and depth of Lot ~2 and approval of access. Land Copies of Town file Dated: 12/1.9/~0 and related documents enclosed for your review. PINEWOOD Main Road Cutchogue, New York 11935 734-6911 734-6912 STARKIE BROTHERS CUSTOM LANDSCAPING 72~ MAIN STREET November 6, 1998 SOUTHOLD TOWN CLERK'S OFFICE Board of Appeals Main Road Southold, NY 11971 To The Board Of Appeals Of The Town Of Southold; Re: H & S Associates Request A Variance On The Property Located At 31095 Main Road, Cutchogue, NY (1000-102-02-24): We , John and George Starkie, being adjacent property owners (1750 Sterling Lane, Cutchogue) to the above described property have no objections to the proposed variance. Thank you for your time and consideration in this matter. Star George ~tarkie PLANNING BOARD MEMBERS Bennett Orlow~ki, Jr., Chairman George Ritehie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD ROAD SPECIFICATIONS Town of Southold SCOTI' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Pavement Width Number of Lots {1) Zone District * 12 Ft. 1 * 16 Ft. 2-4 * 16 Ft. 5 & Over 20 Ft. 5 & Over 24 Ft. 5 & Over 28 Ft. All All R Zones All R Zones R-200, R-400 + R-120, AHD, HD + R-80,R-40,AHD,& HD Industrial + + {1) Designates road pavement without curbs, utilizing drainage in swales; vs. roads with curbing and drainage basins within the pavement area. On site parking as required b~ the Planning Board. Zone District designation or land developed at density of Zone District, ie, R-80 Zone, but developed at R-120 density, road width would be reduced from 24 to 20 Ft. Planning Board may require wider'roads when necessary. Southold Town Planning Board Recommendation June 7, 1990 PLANNING BOARD MEMBERS Richard Cl. Ward. Chairman George Rltchle Latham, Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 October 5, 1993 Richard Cron Cron & Cron Main Road P.O. Box 953 Cutchogue, NY 11935 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTt L. HARPJS Super~sor Town Ha~l. 53095 Main Road P. O. Box 1179 Southo]d. New York 11971 Fax (516) 765 - 1823 Re: Proposed Minor Subdivision S.H Friemann & Others SCTM~ 1000-102-2-24 Dear Mr. Cron: The following took place at a meeting of the Southold Town Planning Board on Monday, October 4, 1993: The final public hearing which was opened on August 9, 1993, was closed. The following resolution was adopted: WHEREAS, Sanford Friemann and Henry Rienecker are the owners of the property know and designated as SCTM# 1000-102-2-24, located on the north side of Main Road; 1658.7 feet west of Cox's Lane in Cutchogue; and WHEREAs, this minor subdivision is for 3 lots on 19.596 acres lots in the General Business District and 1 lot in the Agricultural Conservation District); and (2 WHEREAS, a decision was rendered on December 13, 1990 by the Zoning Board of Appeals on the matter of S.H. Friemann and others granting approval of insufficient frontage (lot width) along the Main Road of proposed Lot #3 and insufficient lot depth of proposed Lot #2, and for approval of access according to New York Town Law, Section 280-A over a private right-of-way subject to the following condition: That the access right-of-way be maintained in good condition to a minimum width of 18 feet (without obstructions) for the entire length for sufficient maneuverability by fire and emergency vehicles (pursuant to the requirements of New York Town Law); and WHEREAS, pursuant to a judgment entered on October 5, 1992 in the matter of Friemann v. Planning Board, the Southold Town Planning Board was directed to process the above application as a minor subdivision and to grant the relief therein requested; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself Lead Agency and issued a Negative Declaration on April 22, 1993; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on October 4, 1993; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and be it therefore, RESOLVED that the Southold Town Planning Board approve and authorize the Chairman to endorse the final survey dated April 15, 1993. Enclosed please find a copy of the map which was endorsed by the Chairman. The mylar maps, which were also endorsed by the Chairman, must be picked up at this office and filed in the office of the County Clerk. Any plat not so filed or recorded within sixty (60) days of the date of final approval, shall become null and void. Please contact this office if you have any questions regarding the above. Sincerely, Richard G. Ward Chairman enc. cc: Thomas Fisher, Building Inspector in Charge Scott A. Russell, Chairman, Board of Assessors Gerard P. Goehringer, Chairman, Zoning Board of Appeals Harvey Arnoff, Town Attorney Sanford Friemann, Applicant JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD -To~-fi HfiI17 53095 Main Road P.O. Box 1 179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 TO: FROM: DATED: RE: SOUTHOLD TOWN ZONING BOARD OF APPEALS JUDITH T. TERRY, SOUTHOLD TOWN CLERK NOVEMBER 2, 1990 ZONING APPEAL NO. 3987 S. H. FRIEMANN & OTHERS (H & S ASSOCIATES) Transmitted herewith is Zoning Appeal No.3987 of S. H. Friemann & others for a variance. Also included is: Notice to Adjacent Property Owners; Notice of Disapproval from the Building Department, dated 10/5/90; Short Environmental Assessment Form; ZBA Questionnaire Form; copy of deed; Certificate of Occupancy (Z17946, dated April 14, 1989); and survey. Judith T. Terry Southold Town Clerk ~,. Slate Environmental Quality Review sHORT ENVIRONMEHTAL ASSE$S~IENT , ' For UNLISTED ACTIONs On y PART I~pROJECT 1NFO~.~ATION (To be completed hv ADDlicant or Project sDon~or) I0. CCE$ AC['JC,'Z ItiVOLVE A PERMIt APPROVAL. Oft FUNOINGo NOW OR ULTIMAtELy FROM ANY OTHER GOVERNMENTAL ~TArE OR LCCALI7 'l l the Coasrnl Area. and you are a sial ......... ',~e pracoedm9 OV~ ~ '~'~ -~m~ J 1 (Continued on teFetse (c) If all questionu have been ' 6. 8. Will project have a major effect ca Visual char-- Yes ~!o QUESTIO~NNAIRE TO BE COMPLETED AND SUBMITTED ~TII YOUR APPLICATION FO~'I$ TO 'rile BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? 2.a)Are there any areas which congmin wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) b)Are there any areas open to a waterway without bulkhead? 3. Are there ~ln~g structures at or below ground level, such as patios, foundations, etc? 4. Are there any existing or proposed fences, concrete barriers, decks, etc? Se If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground' level? State total: .... ft. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground' level? State total: ........... ft. 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit ~ and Nature: ' ' Yes Yes Yes. Yes Yes ~ Yes Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other No No Yes No Yes No Yes No Yes No Yes No 10. 11. Is premises pending a sale or conveyance? If yes, please submit copy of names or pu'rchasers and conditions of sale. (from contract) Is new construction proposed in the area of contours at 5 feet or less as exists? 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an '-' inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes ~ 13. Please list present use or operations conducted upon the subject property at this time and proposed ~ c~/6~ Please submit photographs ~or the record. I certify t~t tile above statements are true and are being submitted relian~the Board//f Appeals in considering my application. ~gn~ure~' (i'rop~fty Owner) (Authorized Agent) for ,, 1/88 WETLANDS [Amended 8-2{;-7(; by L.L. No. 2-1976; 3-26- 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently coy. ered with. or which border on. thlal waters, or lands lying beneath tidal wa/ers, which at mean Iow tide · are covered by tidal waters to a maximum depth of five (5) feet. including but not limited to banks. bogs. salt marsh, swamps, meadows, flaL~ 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: sal£ hay. black grass, saltworts, sea lavender, tall cordffrass, high bush. cattails, gronndscl, marshmallow and Iow march cordgrass; ami/or All land immediately adjacent to a tidal wetland aa defined in Subsection Al2} and lying within seven- ty-five (75} feet lamiward of the most landward edge of such a tidal wetland. FRESI{WATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 2.i. Ti- tle 1, § 2.1-0107. Subdivisions l(a) to l(d) inclusive. of the Environmental Conservatiou Law of the State of New York: and (2) All land immediately adjacent to a "freshwater wet- !amt," as defined in Subsection B(1) sod lying with- tn seventy-five (75) feet landward of the most land- ward edge of a 'fi'eshwater wetland.# 9705 DIST. I000," S~C. LOT CONSULT YOUR LAWYEI~C)RE SIGNING THIS INSTRUMENT · THIS INSI~ENT SHOULD BI USED BY LAWYERS ONLY THIS INDENTURF_. made the 17 th day of June , nineteen hundred andeighty BETW£EN WILLIAM B. STERLING, Cutchogue, New York party of the first part, and Sanford H. residing at (no #) Harbor Lane, Friemann, residing at (no #) Pinewood Road, Cutchogue, wood Road, Cutchogue, 1/2 interest. New York and Henry F. Rienecker, residing at (no #) East- New York, as tenants in common, each as to an undivide, d 8o04 party Of the second part, WlTNI~-gSETH, that the party of the first part, in consideratiOn of ......... TEN ........................... lawful money of the United States, JUN 2 0 1980 S~FPOLK county dollars, paid by the party of the second/aart, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being~E~ at Cutchogue, Town of Southoid, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a pointin the northwesterly side of Ma'in Road and the southwesterly corner of land of S & E Realty Company; RUNNING THENCE South 51° 28' 10" West along the northwesterly side of Main Road 132.0 feet; THENCE along land of Scott (1) North 43° 17' 50" West 1,320.0 feet; (2) North 51° 28' 10" East'; 132.0 feet; .. .:~ ~. (3) North 430 17" 50" West. 556.0 feet to land of Paul Orlowski; THENCE North 47° 11' 10" East along land of Paul Orlowski 544.42 feet; THENCE South 43° 38' 30" East along land of Imbriano 1,240.19 feet to land of New York Telephone Company; THENCE along land of New York Telephone Co. and land of S~ & ~ Realty Company South 47° 06' 20" West 551.90 feet; thence along land of S & E Realty Company South 43° 17' 50" East 635.08 feet to the northwesterly side of Main Road, the point or place of BEGINNING. TOGETHER with a right of way 11 ·feet in width over land of G. T. Billard Estate and partly along other land of Sterling along the northeasterly line of the premises extending from the Main Road northwesterly 770.08 feet; SUBJECT TO a right of way 11 feet in width adjoining said land of G. T. Billard Estate along the northeasterly line of said premises and extending from the Main Road northwesterly ad istance of 635.08 feet and continuing along other land of Sterling 135.0 feet; and con- tinuing northwesterly at a width of 22 feet a distance of 549.92 feet and continuing further northwesterly at a width of 11 feet a distance 'of 556.0 feet. SUBJECT TO rights of way of others in 22 foot right of ~way as shown on survey of Van Tuyl & Son dated July 6, 1971. ~ SUBJECT TO a first mortgage in the original principal amount of $ 150,000.00 and with a present principal balance of $ which the purchasers herewith agree to assume and pay. TOGi~THF_..R with ali right, title and interest, jf any, of the party of r,o~s abutting the above described premises to the center lines thereof,[ '~T~I~THER with the appurtenances and all the estate and rights of' the party ;in and to TO HAVE AND TO HOLD the .premises herein granted unto the party of the second part, ~the heirs or: successors and assigns of the par~y of the second part forever. .1 ANi)~the party of the first ,venants that ~f"the first w ereby the said prem:ses have been incumbered in AND ~e'party of the first part m Compliance with Sectio9 13 of the .the first pa~ wil! receive the cOasideration for this cofivcya~ce and Will hold the righ eratlon as a trust fund to be apPhcd first for the purpose of ~)aymg the Cost the'same first to the PaYment o~'the cosf of the ~mprOvemen~ibefore ~si~g any part-,of th The Word 7party" shall be construed as if it read "p~rtles' whenever the s~se of thi~ indenture, m requir~es. IN WITNr~S$ WHEREOF, the party of the first pa~! ha~ duly executed this dee~ the ne~ F. Rzenecker STATE OF NEW YORK, ¢OUHTY OF Sui~lk ss: On the 17thday of'~ June 1980 , before me personally came William B. Sterling to me known~ [o:~e t~e 'individual ~" described' in and 'who' executed the foregoing.instrument, and. acknowledged that he exeruted the same. ....... ;- . ~ , . Notary. Public NOTARY PUBLIC. State of Nm NO. 5~-~1~511 ~ Oualified in ~uf~o~ County ' Term Expires Mamh 30, STATE.OF NEW YORK, COUNTY OF SS: On the ' ' ~lay ~fi 19 , before me personally came -" . . to me known, wh.o, being by me duly sworn, did &pose and say that hc restdes arno. · the corporaHon described in and which executed ~ the 'foregoing instrument knows the seal of .said cm:poration; tha~ the s,~l atT=~d to said instrum~n~:is~such corporate seal that it was so affixed by order of the board of directors of said corpora- tion, and thati:~he signed h name thereto by llke~order. STATS OF NEW YORK~UNTY OF Suffolk On the 17th day of June 1980 , before me ~ersozlally came an~ord H. Friemann and .Henry F. 4~ienecke'r,.., -, .... to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that they executed the -v°w~'~Notary · . r d~' ~uaJifled In SM/e& County ~ STATE OF NEW YORK, COUNTY QP ...... SS: On the d. ay of ' 19 , b~fore me · e subscgbln~ witness to whom I am pers~ly a~ted~ who, ~g by me d~y sworn did deeose ~d ~r des~ibe~ in and'~ho exerted ~e 'fore~'inst~ent that ~ he, smd su~cnbmg execute ~e ~e; and that be, ~id ~ess, at ~e' s~e time: subs~b~d, h' n~g' as wi~s ~ereto. Bargain' anh ale leell WITH COVENANT iAGAINST GRANToR's Acrs 'I ITLE 'NO. ~ ~ WILLIAM iB STERLING TO SANFORD F. FRIEMANN and HENRY H. RIENECKER Recorded By= U-~I. IFE TITLE INSURANCE Company of New York 127 W. Main Street Riverhead, N.Y. 11901 SEC'rlON ~OU ~['Y OR. Record~i al Request Return by Mail m Richard Cron,: Esq., Main Road Cutchogue, N~ Y'* i1935 Zip No. FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z17946 Date APRIL 14, 1989. THIS CERTIFIES that the building ADDITION Location of Property 31095 MAIN ROAD CUTCHOGUE House No. Street Hamlet County Tax Map No. 1000 Section 102 Block 02 Lot 24 Subdivision ~iled Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated OCT. 7, 198.8 pursuant to which ~ Building Permit'No. 17530Z dated OCT. 14, 1988 ' was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate .is issued is ADDITION TO COMMERCIAl, BUILDING. ., The certificate is issued to H. RIENECKER/S,. (owner~, of the aforesaid building. ~-'Rzm,mm~ (H.' &" s'., Assoc. ) :-:'~ :"- --" )~2, ~ .... SUFFOLK COUNTy DEPARTMENT OF HEALTH APP i/ ~UND ~KRWRiTER~ CERTIFI. CATE PLUMBERS CERTIFICATION DATED B~ildi6g"I~specto£ .., Rev. 1/81 A-C R-80 A~C 10~.-~-12 I .... ~ KD L[ZEBSK! JOSEPH J 400 - ~00 .... A00---- ~500 _ 210 1 50 PARCELS CAIET~V~) .................. ~S,6~0 1988 TOTAL - 600 600 600 600 311 1 13 700 -- ~.900 ...... 700 6,800 210 I 13 600 600 600 600 311 I 13 , , --96.-1-19. t C OS SCHOENSTEIN JOSEPH 800 800 ..... I~ 400 821 Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.l., N.Y, 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI ,James D~niz~o, dr. ACTION OF THE BOARD OF APPEALS Application of H & S ASSOCIATES for a Special Exception to the Zoning Ordinance, Article VII, Section 100-70B for permission to utilize proposed addition, maintaining the westerly yard setback, partly for sales of auto parts, added storage, and engine-rebuilding shop, at premises located along the north side of the Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-2-24. WHEREAS, a public hearing was held and concluded on Thursday, October 6, 1988, in the Matter of the Application No. 3774SE; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an application pursuant to the requirements of Article VII, Section 100-70B for a Special Exception utilizing premises with a proposed addition partly for sales of auto parts, added storage and engine rebuilding. 2. The subject premises consists of a total area of approximately 19.60 acres, a portion of which is presently zoned Page 2 - Appl. No. 3774 Matter of H & S ASSOCIATES Decision Rendered September 16, 1988 "B-1 General Business" along the north side of the Main Road, in the Hamlet of Cutchogue, all more particularly identified on the Suffolk County Tax Maps as District 1000, Section 102, Block 2, Parcel 24. 3. Submitted for consideration are the July 23, 1988 Site Plan and Survey Map dated May 21, 1980 prepared by Roderick VanTuyl, P.C. depicting the proposed addition and the existing buildings.- The addition as proposed is shown to be at the north ~(rear) section of the existing building extending a total of 110+- feet and maintaining the same nonconforming setback from the westerly (side) property line at approximately 18 feet, pursuant to the subject Site Plan Map. 4. It is noted for the record that reviews have been made and are pending by the Planning Board indicating their general acquiescence with the building and parking layout. 5. In considering this application, the Board finds and determines that: (a) the use requested will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent-use districts; (b) the use will not adversely affect the safety, health, welfare, comfort, con- venience or order of the Town; (c) the use is in harmony with and will promote the general purposes and intent of zoning. 6. The Board has also considered subsections (a) through (1),of Article XII, Section 100-121C(2) of the Zoning Code in making this determination. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED,~ to GRANT a Special Exception as applied for the auto parts sales, added storage, and engine rebuilding uses, as shown by the July 23, 1988 Site Plan Map submitted in the Matter of Application No. 3774 - H & S Associates. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Doyen. (Member Sawicki was absent due to serious family illness. Member Dinizio abstained.) This resolution was duly adopted. GERARD P. GOEHRINGER CHAIRMAN lk Southold Town Board of Appeals -6- January 27, 1977 THE CHAIRMAN: A lot of these things are deb~able. (The Chai4mna~iscussed terms such as/~omeoccuDation" and "marina".) YOU can't categorize thin~g~asily'as they do in a zoning ordinance. Otherwise, y6u wou~ a Board of Appeals. On motion by Mr. Gi~Ispie, seconded by Mr. Gri%bnis, it was RESOLVED that ~h~s hearing be ADJOURNED until 7:30 P.M. on February 17y7. Vote of~e Board: Ayes: - Messrs: Gillispie, Hulse, Grigonis. PUBLIC HEARING: Appeal No. 2236 - 8:00 P.M. (E.S.T.) upon application of Sterling Nurseries, Inc., Main Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 and Bulk Schedule for permission to construct addition with insufficient side-yard setback. Location of property: north side Main Road, Cutchogue, New York, bounded on the north by other land of applicant; east by S. & E. Realty; south by Main Road; west by J. Scott. 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 Chairman also read statement from the Town Clerk that notification by certified mail had been made to: S. & E. Realty; Mr. John Scott. THE CHAIRM~N: Is there anyone present who wishes to speak for this application? PETER STERLING: I don't have anything to add to it except it really does produce some hardship, as the point I made in there, in the saleability of plants. We've never been able to use this area for anything, it just sits there, we pay taxes on it, it looks lousy all the time, except in the front. THE CHAIRMAN: on the east side? Is there any reason why it would have to be PETER STERLING: Well, we're just so wide. THE CHAIRMAN: Well, what about over here on the north side? PETER STERLING: On that side we have a greenhouse display, we always had bird baths and that sort of thing, it leads around Southold Town Board of Appeals to the greenhouse. there. January 27, 1977 We don't have the area for a Uround display THE CHAIRMAN: I believe your family home is~6n the right- of-way, you own the right-of-way and Hills has part? PETER STERLING: Right. THE CHAIRMAN: Back here is else have anything to add? It's (There was no response.) the original in the "B-l" res .dence. Anyone zon~ ~. Anyone wish to speak against this applicatio (There was no response.) After investigation and inspection the Board finds that the applicant requests permission to construct addition with insuffi- cient side-yard setback, Main Road, Cutchogue, New York. The findings of the Board are that the applicant will[still have more than sufficient side-yard area for the "B-i" zoneI The Board finds tha~~ 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 willn t~ change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr.~ Gillispie, seconded by Mr. ~ulse, it was RESOLVED,'Sterling Nurseries, Inc., Main Road, Cutchogue, New York, be GRANTED permission to construct addition with in- sufficient side-yard setback, Main Road, Cutchogue, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie,i Hulse, Grigonis. var.81~n0c5eP~oM, i(E:~view o.f Henr~. Scherz application for a d vide prope~y~ with~sufficient area, Pinetree Road, Cutchogue, New York. ~ THE CHAIRMAN: At the//Iast meet~ of the Board of Appeals on December 22, we held/t~he hearing on ~e~ry C. Scherz, 37 Lotus Lane, Westbury, Newark and, after some h~tation, we decided to hold the hearing/even though Mr. Scherz h~sked us to BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That~e intention of the undersigned to petition the Board of Appeals of the Town of $outhold to request~var,an~c~ (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subiec.t, of the Petition is located adjacent t9 y~our property and is des- cribed as follows: ,~/o~'~ /1~/~ t~C~r~/~ ~I~-C~0~L~'.) ~\l~ 3. That the property which is the subiect of such Petiti~o~ i~located in the following zoning district: 4 That b~ such Petitiun, the O,dersigned will request the following ?lief: ~OFb 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are ~cle ~ ~ /~0 - ) D ~ Section g80-A, Ne~ York To~n Law for approval of access ove~ 6. That within five days from the date hereof, a written Petition requesting the relief s~cified above will be filed in ~he Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (5Z6) 7~5-ZB09. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the rightDated:·t° appear///~/~and be heard at such hearing.. Owners Names: Post Office Address [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAM~ PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: P 861 034 051 RECEIPT FOR CERT~F~EO MA~L NO ~NSURANCE COVERAGE PROVIDED NOT FOR INTERNAT)ONAL MAIL (See Reverse) 'wand / P 861 034 054 RECENPT FO~ CE~T~F~EO MA~L NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNAT~0NAL MAIL (See Reverse) P 861 034 055 RECEIPT FOR CERTtFIED MAIL NO INSURANCE COVERAGE ~ROViOED NOT FOR INTERNATIONAL MAIL (See Reverse) Str t and NO P 0 State and ZiP Cod ~ Postage · ~ CedlDed Fee Special Oehvery Fee Restricted Dehvery Fee Return Receipt showing ~%, ~'c//~.x~c,'~' ~ ,/'/. ~ / r g~ '~ ~ , bein1 of ~','~-?~-----------------~ ,19 ~C~ , deponent verse side hereof, directed to each of the above-named pe~ names; that the addresses set opposite the names of said I: the current assessment roll of the Town of Southold; that ficeat ~'~ :~z~ .,~/._~ (certified) (registered) mail. Sworn to before me this day of ~v/ ,19 Notary Public RICHARD0'NONCARROW NOTARY PUBLIC, STATE OF NEW YOR~ NO. 2902160 Qualified Te,m ~xpires ~ '-Z- day n the re- =ctive Post Of- ; that said Notices w~re mailed to each of said persons by (This side does not have to be completed on form transmitted to--adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of Southold NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE; 1. That~LL~he intention of the undersigned to petition the Board of Appeals of the Town of Southold to requestQa~_.Varian_c~ (Special Exception) (Special Permit) (Other) [circ. le choice] 2. That the propert,y which is the subjecI~ of the Petition is located adiacent to L~our property and is des- cribedasfollows: ,~ l&,r/~ ,/1~,/~ t ~,,, ~','/,~ /! ~ t~.'~ C_/',()~ ~ ~~ , )x~ .~ 3. That~__the propertyf~4 3 J/V ¢',:5which is the subject of such ,/~ /~ '-~ Peti~o~ ~ocated. in the foUowing zoning district: 4 Tha~ h) sud~ Petition, the ~ndersigned will request the following r~lief: 5. Tha~ the provisions of ~he Southold Town Zoning Code applicable to lhe relief sought by the under- signed are ~cle ~ ~ ~ ~c~on 'CC I~,' ~; ~ [~ 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 Officc at Main Road Southold. New York and you may then and there examine the same during regular office hours. (5Z6) 7~5-~809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to./~appear and be heard at such hearing. ///"~ //~ . Dated: Owners'Names: [~Z~,~w~J/. Post Office Address [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NOV I NAM~ PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 861 033 982 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE ,ROVlOED NOT FOR INTERNATIONAL MA~L (See Reverse) P 861 033 981 RECEIPT FOR CERTIFIED MAIL NO ~NSURANCE COVERAGE PROVlDEO (See Reverse) P O State and ZiP Code Date, ~ ~ A~ rys~e STATE OF NEW YORK } COUNTY OF SUFFOLK) SS.: · residing at ~/,~ ~x-~-~O , being duly sworn, deposes and says that on the 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 Ihe addresses of said persons as shown on the current assessment roil of the Town of Somhold; that said Nonces were mailed at the United States Post,Of- fice at 4r~,'~-¢,cc"Cu~ //9 ~ (certified) (registered) mail:~'/~'T~ Sw:*rn to nefere me this da¢of ,~,~' .. ,19Fo ; that said Notices were mailed to each of said persons by Notary Public RICHARD NONCARROW Nota~ Public, State of New Yolk No. 2902160 Oualifiedm Suffolk County Term Expires January 31, 199~ (This side does not have to be completed on form transmitted to adjoining property owners~mm~ ' ,/ 6 MAP OF MINOR, SUB[)tVISIONJ OF PlZ)PEFLTY' SURVEYED. FOg. ~Id, F21EI"'!,A'N,N ~ O'F2S, CUTCHOGUE~ ~T~. k~ OF' ¢-X)UTklOI4Q, NJ.Y.. -1 F LAYOUT ,I d f) TEST HOLE LLI H. ~ 5, ASSC'CIATES o ~ Jo0 20o ~ 4Q0 r G3MTOLJP~ DATUP1:SUFE CO TOFc r.4,~,P FA?,JM= MEAM SEA LEVEl_, 3EtMAOE DMSO.,/,,. ~YJrE,- POOL / FOUN. DAT~ O M WELL .V,/E 1.4E~EB',:. ~ECLT'F~; l~4,~:r ,.,o :CT jx.~