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HomeMy WebLinkAbout3657 Southold Town Board o£Appeals MAIN ROAD- ~TATE ROAD 22 czrlUTHI3LD. L.I.. N.Y. 119'71 TELEPHONE 1516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3657 Application Dated July 30, ]987 TO: Patricia C. Moore, Esq. Edson & Bruer as Attorneys for MR. AND MRS. ClYDE-FRITZ Main Road Southold, NY 11971 [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on November ]8~ 1987, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variance to the Zoning Ordinance Article III, Section ]00-3], and 8u]k Schedule [ ] Request for Application of CLYDE FRITZ ~6r a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient lot area, width and depth of two proposed parcels fronting along the westerly side of Cedar Lane, Southold, NY~ County Tax Map Parcel No. 1000- 78-7-45.1, containing a total area of .694 of an acre. WHEREAS, a public hearing was held and concluded on October 8, 1987 in the Matter of the Application of CLYDE FRITZ under Appl. No. 3657; 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. The premises in question is located in the "A"'Residential Zoning District and is a parcel of land containing a total area of .686 acre(s). The subject premises is a corner lot as defined by Section 100-13 of the Zoning Code, with front- age of 217.02 feet along %he west side of Cedar Lane and 143.93 feet along the north side of Bayview Road, as more particularly shown by survey prepared by Otto W. VanTuyl & Son February 9, 1986 (submitted as Exhibit B). (CONTINUED ON PAGE TWO) DATED: December 9, 1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appl. No. 3657 Matter of CLYDE-FRITZ Decision Rendered November 18, 1987 2. The subject premises is improved with a single-family, one-story dwelling having a total liveable floor area of 928± sq. ft. and located as shown on map amended May 7, 1987 prepared by Roderick VanTuyl, P.C. (#2041-2). The dwelling is shown to be set back 40 feet from the front property line along Bayview Road, 63 feet from the front property line along Cedar Lane, 20 feet from the westerly property line, and 130± feet from the most northerly property line. 3. By this application, appellants request a Variance from the Provisions of Article III, Section 100-31, Bulk Schedule, of the Zoning Code, for approval of the proposed insufficient area, width and depth of two lots in this set-off division of land, as follows: (a) Parcel A to be 13,046 sq. ft. with frontage of 100 feet along Cedar Lane and lot depth of 143.21 feet; (b) Parcel B of 17,182 sq. ft. with frontage of 117.02 feet along Cedar Lane and lot depth of 143.21 feet. Parcel B would contain the existing dwelling. 4. After research and investigation, the following facts have been confirmed: (a) the parcel adjoining the subject premises at the north side consists of an area of 1.2± acres and is iden- tified on the Suffolk County Tax Maps as Section 78, Block 7, Lot 42. There is an appeal pending at this time for variances to divide the 1.2± acres into two substandard lots. No action has been taken as of this date by this Board. (b) the parcel adjoining the subject premises on the west side consists of an area of one acre and is identified on the Suffolk County Tax Maps as Section 78, Block 7, Lot 43. There is an appeal pending at this time for variances to divide this one-acre parcel into two substandard lots. No action has been taken by this Board as of the date of rendering this decision. (c) the second parcel to the north of the subject premises contains an area of 26,500+ sq. ft. in area, (d) the third parcel to the north of the subject premises contains an area of 30,475+ sq. ft. in area; (e) the fourth parcel to the north of the subject premises consists of an area of 39,750 sq. ft. [Lots 38 and 39 merged under combined ownership during 1974]. stantially block; (f) the lots proposed by this application are sub- less than those generally existing within the same (g) the lot under an area of 30,228 sq. ft. is parcels existing within this question which presently contains not out of character of the block. 5. It is also noted for the record that: (a) on January 31, 1956, the subject parcel was conveyed to James and Marie Grant [see Deed at Liber 4059 pages 101 and 102]; Page 3 - Appl. No. 3657 Matter of CLYDE FRITZ Decision Rendered November 18, 1987 (b) on March 17, 1965, a portion of the subject premises [then referred to as Lot #44) was conveyed from James and Marie Grant to the sole name of James Grant [see Deed at Liber 5717 cp 97; (c) at the inception of the minimum 40,000 sq. ft. lot-size requirement in November of 1971, Lot #44 remained in the sole name of James Grant, and the remaining portion [then Lot #45] remained in joint ownership between James and Marie Grant]; (d) during May of 1983, the Town increased the lot- size requirements under zoning from 40,000 sq. ft. to 80,000 sq. ft.; (e) Mr. Grant's date of death was recorded to be February 27, 1984~ (f) the Will of Mr. Grant conveyed Lot #44 [from James Grant] to Marie Grant; (g) Lots #44 and #45 remained in the sole name of Marie Grant from February 27, 1984 until December ll, 1985, at which time both Lots #44 and #45 were conveyed in one deed to Clyde and Joyce Fritz, at Liber 9942 page 460. (i) and the merger 3½ years, no other conveyances were found of record was in effect for a period of approximately 6. Article III, Section lO0-31, Bulk Schedule of the Zoning Code requires a minimum lot area of 80,000 sq. ft., minimum lot width of 175 feet, and minimum lot depth of 250 feet. 7. The amount of relief requested for Lot A as to insufficient lot area is 66,954 sq. ft. or a percentage of 84%. The amount of relief requested for Lot B as to insufficient lot area is 62,818 sq. ft. or a percentage of 78.5%. The amount of relief requested as to lot width for each parcel is 32 feet, or 18 percent. 8. It is the opinion of the Board that the percentages of relief requested are substantial in relation to the zoning requirements and the granting of the variances requested will not be within the character of the lots within the immediate block. 9. In considering this application, the Board also finds and determines that: (a) the difficulties claimed are not sufficient to warrant a granting of the relief requested$ (b) the percentage of relief requested is substantial in relation to the requirements and in relation to the area; (c) the difficulties claimed are self-created and are not sufficient for the grant of this variance; (d) the lot as exists with a total area of .686 acre(s) is already substan- tially less than the current area requirements; (e) the variance, if granted, will in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and RECEIVED AND FILED BY THE SOUTHOLD TOWN CL~RK DATE lu/,~/~? HO '%,'0o Town Clerk, Town of Soufhold Page 4 - Appl. No. 3657 Matter of CLYDE FRITZ Decision Rendered November 18, I 987 order of the town, and will set a precedent; (f) in view of the manner in which the difficulties arose and in considera- tion of all the above factors, the interests of justice will be served by denying the variances applied. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, DENY the relief requested under Appl. No. 3657 in the Matter of the Application of CLYDE FRITZ. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRMAN NOTICE OF HEARINGS NOTICE I Town Law and hearings will at a Regular Southold, New following 7:35 p.m. 9/10/87). HEREBY GIVEN, pursuan~ to Section 257 of the he Code of the Town of Southold, the following be held by the SOUTHOLD TOWN 30ARD OF APPEALS eeting a% the Southold Town Hall, Main Road, York, on THURSDAY, OCTOBER 8, 1987 a~ the S: Appl. No. 3651 DEAN KAMEN. (Recessed from Appl. No. 3592 BENTE SNELLENBURG. (Recessed 7:40 p.m. from 8/20/87) 7:45 p.m. Appl. No. 3668 GERARD C. KEEGAN. Variance to the Zoning Irdinance, Article XI~ Section lO0-119.1'(C) for appr6val of cc struction of fence in the easterly frontyard area at a hei(.ht of six feet. Location of Property: ~6sttSide of Founders Pith and East Side of Hobart Road, Southold, NY; County Tax MaF Parcel No. 1000-64-4-10; Founders Esi~ates Lot 39. Z 7'.:50 No. 3657-FRITZ_. Variance to the-"~ p.m Appl. CLYDE~ oning Ordinance, Article II~; Section 100~31 for approval of/ insufficient 'ct width and depth of two proposed parcelsS area, fronting alon! the westerly side of Cedar Lane, Southold, NY; ~ County Tax Mal Parcel No. 1000-78-7-45.1, containing a total area of .694 f an acre. ~/ 7:55 p.m Appl. No. 3663 -MARIO CASTELLI. Variance to the Zoning Ordinance, Article III, Section 100-30 for approval of sign as ex sts of excessive size in this "A-40" Residential and Agricultul al Zoning District and advertising 'L~ndscaping & Sprinklers ,y Forever Green~.~'' Location of Property: South Side of North Road (C.R. 48), Peconic, NY; County Tax Map Parcel No. lC( 0-69-4-1.3 8:10 p.m from 9/10,/87) 8:15 p.m (Both hearing 8:25 p.m prior deci§io for a conditi and deleting Appeal No. 36 subject To Nel Aopl. No. 3653 - NORTH ROAD ASSOCIATES. (Recessed Appl. No. 3593 and No. 3659 QUIET MAN INN. recess6d from 9/10/87) Appl. No. 3664 - ANA G. STE. L[O. Variance to rescind rendered under Appeal No. 3562 on December II, 1986 nal approval under New York Town Law, Section 280~a, ;ondition No. 2 of prior decision rendered under 9 on April 2, 1987, and as an alternative being York Town Law, Section 280-a over the existing Page 2- Notic Southold Town October 8, 19E right-of-way right-of-way Planning Boar( along the nor1 of Hearings Board of Appeals 7 Regular Meeting )proximately 100 ft. to the east of the ~ubject approved or to be approved and accepted by the for this set-off division of land), located ~ side of Main Road, Orient, NY; County Tax Map District Block 2, Lot 26 and Lot 12.2 1000, Section 14, . 8:35 p.mo Appl. No, 3670 - ROBERT H. FREY. Variance to the Zoning Ordinance, Article XI, Section lO0-119.2 for per- mission to loc setback from e Section I~ Lot 1000-79-04-08~ 8:45 p.m. Variances to t and Article XI new dwelling w front property from the neare to as Lot No. East Side of S Parcel No. t00 The Board all persons or of the above m the time allot to the conclus tion, please c Dated: Seotem ~te open deck construction with an insufficient ~isting bulkhead at Harbor Lights Estates, 10, Southold, NY~ County Tax Map Parcel No. Appl. No. 3669 MICHAEL AND ELIZABETH LADEMANN. ie Zoning Ordinance, Article III, Section 100-31 Section 100-119.2 for permission to locate th insufficient setbacks from the northerly line along a private a right-of-way and it wetland grasses, premises known and referred , Map of Blum and Littell, located along the illwater Avenue, Cutchogue, NY; County Tax Map -103-1-19.6. of Appeals will hear at said time and ~lace reoresentatives desiring to be heard in each tters. Each hearing will not start before ted. Written comments may be submitted ~rior on of the subject hearing. For more informa- ll 765-1809. oer 28, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Lind~ Kowalski, Board Secretary Notice to Newsl 1987, and forw~ October 6th to l1971. Than apers: Please publish once, to wit: October ~re s~x affidagits of publication on or before Board of Appeals, Main Road, Southold, NY you. FORNI NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N.Y. NOTICE OF DISAPPROVAL 19 .~.7.. Fi/eNo ·...'L'o0.~. ~.. ~& . ~~ ~. ~..N :. ~ J .... PLEASE TAKI; NOTICE that your application dated. ~~... ~.* ...... 19 X ~. for pe~it to ~ ~t .~.~ ~ ........................................... at LocaQon of Prope~Houm'~h--'"~"~~o. ...... ~~~ ......... County Tax Map N~[ I000 Section .... ~ ~. ~ ..... Block ... ~ ...... ~t . .~h~ I ....... 1 Subdivision ............... Filed Map No ................. Lot No .................. disappro~on the f~llow~g grounds .~.~.~ ~.~..~9 ~.: ~ 5 .%e ............................................. Bufld~g Inspector APPEAL FROM Tow, C~erk TO THE ZONING I, (V~e) ............... N THE ZONING BO, APPLICATION FO WHEREBY THE of ( ) PERMIT T( ( ) PERMIT F( (×) PE~J~I T LOCATION O Map No. ~'/x/oo,~ TOWN OF SOUTHOLD, NEW YORK-" :~ISION OF BUILDING INSPECTOR APPEAL NO. ~ ~c~7 DATE .............................. 3OARD OF APPEALS, TOWN OF SOUTHOED, N. ¥. .:...c~.....~...O.~..?.~...~...~R~..?..~ ................... of 337 Mill SprJ_ng Rc~d. 3me of Appellant Street and Numar 9.~ ............................................................. .~:.~ ............... HE,BY APPEL TO Municipali~ S~e ~RD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON ~,~]{~:~ .V..a..c..,a~..t..~..a~..~..C..:.O.: ..... DATED July 29, 1987 JILDING INSPECTOR DENIED TO Name of Applicant for permit ........ ................................................................. Street and Number Municipality State USE ', OCCUPANCY SUBDIVIDE : THE PROPERTY ...(.~t...C¢cJ&~'....~%~...e.,..So~t~.old ............ '..A.'.'z.~e..s.$.d..eD._~..'..a.!./_.kjrz. Street Use District on Zoning Map .................................................. Curren¢ 0wne~ Clyde W. and Jc~ce Yr±tz Lot No. 2. PROVISION section and Paragf 3. TYPE OF APP (X) A VARIANC ( ) A VARIAN( Art. 16 Sec 4. PREVIOUS AP of the Building Ins Such appeal was ( ( and was made in REASON FC ( ) A Variance (X) A Variance ( ) is requested for th~ Appellants w which will r current area ) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section. Sub- 3ph of the Zoning Ordinance by number. Do not quote the Ordinance.) EAL Appeal is made herewith for E to the Zoning Ordinance or Zoning Map E due to lack of access (State of New York Town Law Chap. 62 Cons. Laws 280A Subsection 3 ~EAL A previous appeal ~ (has not) been made with respect to this decision ~ector or with respect to this property. ) request for a special permit ) request for a variance ppeal No ................................. Dated ...................................................................... R APPEAL Section 280A Subsection 3 the Zoning Ordinance reasonthat .ah to reestablish pre-2/27/84 proper~y division line, esult in two (2) lots which will not conform with , width and depth requirements. F~rm ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical dif~icu, ties 0r~ umneces- sory HARDSH P because Applicants would be unable to restore the proper~y ct±v±s±on ~fbich e×±$ted prior to February 2?, 1984. 2. ThehardshiDcrea~dis UNIQUE ond isnotshared by all properties ali~ in the immolate vicinity ofthis property and in this use district because The subject property consisted of two single and separate building lots from March 17, 1965 until February 27, 19~4, when upon the death of the prior owne~, James L. Grant, title to the~e properties 'fe~l to his surviving spouse, Marie Grant, and merged under single ownership. The property was thereafter conveyed by Marie Grant to her granddaughter, Joyce Fritz, and her granddaughter's husband, Clyde W. Fritz, by deed dated December 1t, 1985. Mrs. Grant believed, that she had conveyed two separate lots ~o Mr. and Mrs. Fritz. 3 The Variance would observe the spirit ofthe Ordinance and WOULD NOT CHANGE TH[ CHARACTER OF THE DISTRICT b~ause It was never the intention, or spirit, of the current two-acre zoning ordinance to penalize property owners, or their relatives, in the event of merger created as the result of death. The character of the district would be unaffected by the reestablishment of the pre,2~27~84 status of this proper~y. STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK ) Sworn to this ............ .2.9..ti!.. ...................... day of ..................... .J.q!Y. ...................... // Notory Public -~,.4655242, SUFFO~ .. 1987 ~OWN~~ ........... ~T~ FOR~R OWNER ~' N P~OP~TY I~CO~D CArD RES. c~0 ~[SEAS. VL IFARM LAND T 'MP. TOT^L I ¥^T~ S VILLAGE SUB. LOT E ACR. ~V ~ ,~ ~ ~ TYPE OF BUILDING tCOMM. CB. MISC. Mkt. Value REMARKS  BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Tillable 1 Tillable 2 Tillable 3 Swampland Brushland House Plot Value Per Acre VoJue FRONTAGE ON WATER FRONTAGE ON ROAD Total DOCK )EPTH BULKHEAD M. Bldg. Extension Extension Exfension Foundation Basement Breezeway Garage ,~ [ Floors interior Finish Fire Place /)/0 ~ Heat Porch Roof Type Porch~ Rooms ]st Floor Pmio Rooms 2nd Floor Driveway F~ORMER OWNER RES. -___ ~..]~) SEAS. VL. COMM, I CB. LAND IMP. TOTAL DATE REMARKS TYPE OF BUILDING MISC. ] Est. Mkt. Valu~ , _AGE BUILDING CONDITION N~ NO~AL BELOW ABOVE F~rm Acre V~lue Per Acre Velue Tillable Tillable Tillable 3 Woodland Swampland Brushland House Plot Total FRONTAGE ON~e~c~r 2 ~ ~/ BULKHEAD DOCK LJ~,. L, Afx~ D OU NT-Y"OF SUFFOLK Michael A. LoGrande DEPARTMENT OF HEALTH SERVICES October 7, 1987 DAVID HARRIS. M.D., M.P.H, Mr. Rudolph H. Bruer, Esq. Edson and Bruer Main Road Southold, New York 11971 Re: H.S. Ref. No. 87 S0-124, Clyde W. and Joyce Fritz SCTM 1000-78-7-45.1 Dear Mr. Bruer: The Department of Health Services has recently issued a permit to construct a sanitary disposal system and drinking water supply well on a portion of the above lot. This portion was designated on the 1981 Suffolk County Tax Map as 1000-78-7-44. In processing this application, the Department declared the subject lot as exempt from the requirements of Article 6 of the Suffolk County Sanitary Code pursuant to SectiOn 609.2.d., which states in part that requirements of Article 6 do not apply to "density requirements for one-family residences on parcels which appeared as separately assessed on the Suffolk County Tax Map as of January 1, 1981, which presently constitutes a buildable parcel under municipal zoning ordinances .... -. The Town of Southold Planning Board has recently informed this Department that the latter condition has not been met in that a ZBA case (#3657) is pending. This condition invalidates your health permit until such time as your client satisfies the ZBA. If conditions set forth by the ZBA affect placement-of the well and sanitary system, then an amended permit will be required. Other- wise, the permit can be reinstate~ simply by submitting documentation that the zoning variance was granted. ~ery truly yours, P.E. Associate Public Health Engineer Bureau of Wastewater Management CC: Bennett Orlowski, Jr. Southold Planning 'Board SAC:cah (516) 548-3312 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK [PATRICK G. HAl. PIN SUFFOLK COUNTY EXECUTIVE ~ t ~ : mRECI'OR OF P~.ANNING January 14, 1988 Mr. Gerard P. Goehringer, Chairman Town of Southold Zoning Board of Appeals Southold Town Hall - Main Road Southold, New York 11971 Re: Application of "Clyde W. and Joyce Fritz" (#3657), Town of Southold (SD-87-33). Dear Mr. Goehringer: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the Suffolk County Planning Commission on January 13, 1988, reviewed the above captioned application and after due study and deliberation Resolved to disapprove it because of the following reasons: It would only tend to undermine the effectivsness of the zoning ordinance; It is generally inconsistent with the prevailing lot size pattern within the same block; It would tend to establish a precedent for the continuance of such undersized lots in the locale; and There appears to be no demonstrable grounds of practical difficulty or unnecessary hardship at the site. Very truly yours, Lee E. Koppelman Director of Planning Chief Planner GGN:mb Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 - SOUTHOLD, L.l., N.Y. 11971 TELEPHONE (515) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN. JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKt 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: ×× Variance from the Zoning Code, ArticleiiI , Sectionlo0_3l Bulk Schedule Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.:3657 Applicant: Mr. and Mrs. Clyde Fritz Location of Affected Land: Cedar Lane, Southold, NS County Tax Map Item No.: 1000-78-7-45.1 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area Existing or Proposed Right-of Way of Any Stream Owned by the County or for Which The County Has Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. approval of COMMENTS: Applicant is requesting area, width and depth of two' proposed parcels or Drainage Establ i shed insufficient lot La~ ~hannel Channel Copies of Town file a'hd related documents enclosed for your review. Dated: Decen~ber 11, 1987 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR, SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southoid Town Board o£ Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765 1809 December 10, 1987 Patricia C. Moore, Edson & Bruer Main Road Southold, NY 11971 Esq. Re: Appl. No. 3657 Clyde Fritz (Variances Dear Pat: Transmitted for your record is the copy of the official findings and determination rendered in the above matter. Yours very truly, GERARD P. GOEHRINGER C~IRMAN ~ Lin~a Kowalski Enclosure Copy of Decision to: Building Department Planning Board Suffolk County Planning Commission TRANSCRIPT~OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF, THURSDAY, OCTOBER 8, 1987 Appl.'No,. 3657 Applicant(s): CLYDE FRITZ Location of Property: w/s Cedar Lane, County Tax_Map ID No. 1000- ~ Southold Board Members present were: Chairman Goehringer P. Members: Grigonis, Douglass, Doy m and Sawicki. Goehri nger, Absent was: (None) Also present were: Victo~ Lessard (Buidling Dept.) Linda Kowalski, Z.B.A. Secretary, and approximately persons in the audience. The Chairman opened the hearing at 8:05 o'clock p.m. alld read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey produced by Roderick VanTuyl, P.C.~,' dated December 6,'4985 indicating the house lot which is lot B-17 182 square feet and parcel A at 13,046 square feet on the corner of Bayview Road and Cedar Lane. And I ]lave a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody who would like to be heard on behalf of this application? Mrs. Moore. MRS. MOORE: I have a copy of information, some of which will be repetative from the file but I present it to you right now so that you have everything in front of you as a packet. Mr. and Mrs. Fritz have applied for a setoff of a lot which was previously divided but has since merged. The property was originally owned by Mrs. Fritz's grandmother, grandparents; James L. Grant and Marie Grant. In 1956 Mr. and Mrs. Grant purchased the entire property with the two lots from John and Marianne O'Brian. You'll see that as exhibit "A" in the packet. In 1965, Mr. and Mrs. Grant, the applicant's grand- parents, decided to divide the property into two lots. Southold Town, at the time, had quarter acre zoning. Therefore, the two quarter acre.lots were created. That is, you'll see in exhibit "B" a survey of the tWo lots and the lightly marked line between the two. For the division of the two lots, Mr. and Mrs. Grant conveyed one of the newly setoff lots to Mr. Grant and you'll see that as exhibit "B-2". That sends the deed from the husband and wife to the husband. Unfortunately, in 1984 James Grant died leaving all his property to his wife. And the properties passed from Mr. Grant, through the terms of his will, to Mrs. Grant. You'll also see as exhibit "C", is a copy of Mr.. Grant's estate records what was sent to the tax commission. That shows two separate descriptions or liber Page 2 - October 8,~87 Public Hearing - Ci~Fe Fritz Southold Z.B.A. MRS. MOORE (continued): and pages of the two deeds and it was intended to show that these were two separate lots. Then in 1985, Mrs. Grant decided to con- vey her lots to her grand-daughter and her husband. This way, the inter-family transfer, this was, and continued to be an inter- family transfer. Mrs. Grant believed that she conveyed the two separate lots and that she had ~.etained them in separate owner- ship. You'll see as exhibit "E", the separate bill. Mrs. Grant continued to receive separate tax bills on the separate lots. And Mr. and Mrs. Fritz as well, received a separate tax bill. So as~far as the Assessor's Office or to a layman looking at the paperwork, it would appear that the lots remained as separate units. The facts in this case would create undue hardship and practical difficulty. The family, Mr. Grant in particular, took great pains to separate the lot and keep them separate. The mer- ger occurring at his death by way of the will. The character of the neighborhood would not be effected. The recreation of the two lots would have no change of appearance to the neighborhood. The surrounding areas, if you notice the tax map~which is also part of that packet, shows the two lots as separate tax map num- bers. So that, the town in a quick review of the record, would see that these lots are (again) single and separate. So taking all the facts together, these two lots would have always intended to remain separate but not for the unfortunate death. We also have also received a Health Department approval for the resepara- tion of the l~ts. The surrounding community consists of quarter acre lots. And the Health Department, I believe, has received other applications of similiar nature from surrounding property and they have denied those or some of the applications are pend- ing. However, this application was approved and the Health De- partment did recognize these two lots as being subdivided prior to the enactment of Article VI. So in light of everything you have before you, we would request that you grant this setoff and we thank you. CHAIR~IAN GOEHRINGER: Just before you leave. Was there any in- dication that there was any Planning Board authority to divide the lots in the manner in which they divided in 19557 MRS. MOORE: I'm not sure if the Planning Board was around at the time? MR. : I have some personal knowledge of that. I know (TAPE ENDED) The practice at that time; the division of property, the ordinance was not particularly as clear as it is today with respect to divisions of property and it was very common to take a piece of property and cut out something on a one unique situation. Like for instance; typical of a farm. You'd cut out a piece and you give it to your son or your daughter and they'd live in it. It was an occasional division. Page 3 - Octoberc8~1987~ Public Hearing - Fritz Southold Z.B.A. CHAIRMAN GOEHRINGER: As long as it... MR. : Similiar to all the divisions that Mr. Booth and Mr. Korus and various individuals you see around town. CHAIRMAN GOEHRINGER: You're saying as long as it adhered to the 12,500 square foot minimum. Ok. Alright. I thank you. Is there anybody else who would like to be heard on behalf of this applica- tion? Is there anybody who would like to speak against the appli- cation? Questions from Board members? Hearing no further ques- tions, I'll make a motion closing the hearing reserving decision until later. Ail in favor - AYE. ATTO R N EYS AT LAW November 3, 1987 Southold Town zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Att: Linda Kowalski, Secretary Re: Appeal No. 3657 Clyde & Joyce Fritz Dear Linda: Pursuant to our conversation yesterday, I the Last will and Testament made by James his wife, Marie Grant, as sole devisee. Thank you for your cooperation in this matter. Very truly yours, Patricia C. Moore PCM/df Enc. enclose herewith a copy of L. Grant on 7/27/59, naming LAST WILL and TESTAMENT I, JAMES L. 6RANT of the Town of Southold in the County of Suffolk and State of New York being of sound mind and memory, do make, publish and declare this my last Will and Testament, in mannel following that is to say: '~IRST: ' -I direct that ali my Just debts~and f~rsl ~xpe'~ be paid as soon after my death as may be practicable. SECON~ I give, devise and bequeath all the rest, residue and remainder of my estate, both real and personal and wheresoever situate, including the share in the Estate of my father, Robert C. Grant, late of Helensburgh, Scotland, to which I may be entitled, and which has not been paid prior to my death, to my wife, MARIE GRANT. In the event, however, that my said wife predeceases me or she and I die as a result of a common accident or epidemic or under such circumstances that it is difficult to determine which of us died first, then above paragraph shall be null and void and I' give, devise and bequeath such remainder to our children, JUNE ABT.EWE BUCKLEY, now residing at Queens Village and OTIS WHITE, residing at Northport, share and share alike. LASTLY I hereby appoint my wife, MARIE GRAFI~ executrix of this my last Will and Testament: hereby revoking all former wills by me made, and direct that she shall not be required to post bond f~r the faithful performance of her duties. IN WITNESS WHEREOF, I have hereunto subscribed my name the ~7~ day of July in the year Nineteen Hundred and Fifty-nine. We, whose names are hereto subscribed, DO CERTIFY that on the ~F~ day of July, 1959, JAMES L. GRANT, the testator above named, subscribed his name to this instrument in our presence and in the presence of each of us, and at the same time, in our present and hearing, declared the same to be his last Will and Testament, a~d r~ ~ed eac~ of · ~ '. US, us, t~.~%~ o r e aa .~ IIwitne~es to the execution thereof,~whiCh we hereby do in the pres- ence of the testator and of each other, on the day of the dater th said Will, and write opposite our names our respective places of residence. INDENTURE, the lSth dayof January , eteen hundred and fifty-six JOHN J. 0tBRIEN and MARION R. 0,~IEN, his wife both residing at 9Al - 78th Street, Brooklyn, New York~ party,of the first par~ and - JAMES L. GRANT and MARIE GRANT, his wife, at Oak Street, Greenport, New York. both residing party of the second part, WITNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideratlon~ paid by the party of the second part, 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, si ' .......... '-' ,~;~,'~ or ~£cel of land, ~,sll~llii~e~llll~ ........ ,~. ,.~ ....a~.;.~ at Ba_v ¥iew. in the Town of Southold, Coun.~y '~'~}i'l~"~nd State o~ New York, and being more parti, cularAy~,eo~, c~eu and described as follows~ ~ ~i ~ '~ Bay View Road and the Westerly side o~f Cedar Lane, runniag~.~c~ along the Northerly side of Bay View ~oad the following,,it'w~?i.ic~r~{e"' lO' w. feet., thence in ' ' ' · a Nor'therly direction along the lands of Ethel ~. 0.~Brien ,N. 05' a0" E. 200 feet to the Southerly line of other lands of partyD/Ig of the first part; thence in a general Eastttrly direction ~. 66°)/)] 20~ E. 142.63 feet ~o the Westerly side of ~edar Lane; thence ir/tv a general Southerly direction along the Easterly side of Cedal" L~l~e S. 25o 05' 30" W. 217.02 feet-to tho point or place of TOGETHER with all ri~,ht, title and interest ~f the *party of-the first part of, in and to Cedar Lane and Bay iew Road l$Lng adjacent to said premises. SUBJECT to such state of facts as an accurate survey may show. BEING the same premises conveyed by JULIUS ZEE~0SKI to JOHN J. O,ERIEN and MARION R. 0,~IEN by Deed dated February 9th, and recorded in the Clerk's Office of Suffolk County on February llth, 1948 in Liber 2B25 of Conveyances at Page §4?. TOGETHER w th all right title and interest, if any, of the l~rty of the first part in a.nd to any streets and roads abutting the above described premises to the center lines thereof; T.O. GETHER w,th the appurtenances and all the estate and rights of the party of the first part in and to sa,d premises; TO HAVE A~D TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and asSignS of the party of the second part forever. whereby the said premises have been ency., oeren m any w, ay whatever, ex, cepr as aiorr~uu... .. . AI~ID the catty of the first ~art, in comphance with Section 13 of th.e. ilea L~.w, .c~', .chants .mat the, l~rty.o.~ ~'~rs~'~,,~r~ ~'ill receive the' consideration for this conveyance a. nd .w. dl hold .th.e qght to ~cet.v~_ .~s~__.~con_ s.~,c.: erafion as a trust fund to be applied first for the purpose of paying the co~ et the imprOVement ann wu, ,,mf, r the same first to the payment otthe cost of the improvement before using any part of the total o~ the same tot any other purpose. The word ."partF" shall be construed as if it read "parties" whenever the sense of thts indenture ~o ~ires. IN WITNF.~$ WHEREOF, the party of the first part has duly execoted this deed the day and y~r fi,~ abo~e written. ~c,'",l~. ~, 40 '= I · ,~ /OU! ~ . ils INDE~ party of the first part, and JAMES L. GRANT, ;IND£NTUR~ madethe 17th dayof JAMES L. GRANT and MARIg GRANT, New York, residing at Southold, March , nineteen hundred ami sixty-five his wife, both residing at New York, party of the second part, WITN£$$ETH, that the party of the first part, in consideration of ten dollars and other valuable consideratioo paid by thc part)' of the second part, docs hereby grant ami release onto the party of the second part, the heirs or successors and assi~s of the party of the second part forever, ALL thatcertain plot, pieceor parcelofland, ~JmiRli6:l~~~'sitmte'~ lyingand ~ing~l~e at Bay View, in the Town of Southold, County of SuffOlk and State of New York, and being more particularly bounded and des~ cribed as follows: BEGINNING at a post on the westerly line of Cedar Lane at a : point thereon marking the division of lands of the parties of the ' first part herein and land now or formerly of Wiegand; running thence North 66020.00'' West along said land of wiegand a distance of 142.63 feet~ 'running thence South 25°05'30'. West along land now or formerly of O'Brien a distance of 83 feet; running thence through land of the parties of the first part herein in a southeasterly direction a distance of 143 feet more or less to a point on the westerly line of Cedar Lane which is distant South 25°05'30" West 100 feet from the point of beginning hereinbe- fore described; running thence North 25005'30'' East a distance of 100 feet along the westerly line of Cedar Lane to the post at the point of BEGINNING. BEING AND INTENDED TO BE part of the premises conveyed by John J. O'Brien and Marion R. O'Brien, his wife, to the parties of the first part herein by deed dated January 13, 1956 and re- corded January 23, 1956 in the Suffolk County Clerk's office in Liber 4059 at Page 101. TOGETHER with all right, title and interest, if aoy, of the party of the first part in and to any streets and roads aborting the above described premises to the ccoter lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD Iht premises herein granted unto the party of the second part, the heirs or successors and assigns of thc party of the second part forever. AND the party of the first part covenants that the. party of,the first part has_l~oLdone,or .~uffered. anltthing~ ' ~e'gaid !Sremises have been encumbered in anY why whatever; ex¢~t a~ alr0resa~d. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of thc first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply thc same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be constroed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHF. REOF,-~he'party-of the first part has dnly executed this deed the day and year first above written. IN PRESENCE OF: . TAXATION and FIANCE · Rudolph H. Bruer Hain Road Southold, New York 11971 Estate of ~ L. GR~qT REI~SE OF LIEN OF ESTATE TAX (REAL PROPERTY) RELEASE IS NOT VALID UNLESS THE STATE SEAL IS AFFIXED TO THE RIGHT OF THE PROPERTY DESCRIPTION BELOW. EACH COMPLETED DESCRIPTION REQUIRES A SEPARATE SEAL. Date of death 2/27/84 county of r(,sidence at time of death___~'~OLK Pursuant to the provision of Section 249-bb of the Tax Law, the lien (i[ any) of the Estate Tax imposed by Article 10-C or Article 26 of the Tax Law is hereby released with respect to the following described real property: Recorded in the SU~K county clerk's office. Book of Deed,~ or Libor No. 4~05~9 Section No. 07R.00 Block No. Property ,Address (no 4) Cedc~r Drive Street or Road At Page No._Ol~O1 Map No. 07.00 _Lot No. 045.000 Southold City, Town, or Village Book of Dceds or Libor No._~.717 ._ Section No. 078.00 Block No. Property Address (no #) Cedar Drive Street or Road Page No. J997 07. O0 Map No. ._j~, 't~,~ . Lot No. 044.000 _. City, Town, or Village -- Book of Deeds or Liber No.__ Section No. Property Address At Page No. Block No.__ Map No. Lot No. Street or Road City, Town, or Village AU-117 (3/83) July_ 27,1934 DEPUTY COMMISSIONER ... ~Wlllff lllOItl SIGNING TI.MS ~N4JT~JMik-T_rHis INSTIKIMIN? SHOLE,O BI USIO BY LAW'YIBS Oe4,y. ~DENTURF~ fl,.4c thc 1 ? th 4ay of December . ninc:c¢,~ hufl4rc~ a.4 eighty-five MARIE GRANT, Cedar Drive, party of the first part, and Southold, New York /.a-23- CLYDE W. FRITZ and JOYCE FRITZ, his wife, both residing at 337 Mill Spring Road, Manhasset, New York ~ ~W/TI~ t~t tbo par~ M tbo first pa~ in co~idemdon ~ ~t ~flain p~t, pi~ or ~1 of ~nd, I~~ at Bay View, in the Town of Southold, County of Suffolk and State of New York, and being more particularly bounded and described as follows: BEGINNING at the point of intersection of the Northerly side of Bay View Road and the Westerly side of Cedar Lane, running thence along the Northerly side of Bay View Road the following two ~ourses: 1. N. ~4.degrees 03 minutes 10 seconds W. 87.93 feet; 2. N. 2 degrees 22 minutes 10 seconds W. 56 feet, thence in a Northerly direction along the lands of Ethel F. O'Brien N. 25 degrees 05 minutes 30 seconds E. 200 feet.to the Southerly line of other lands of party of the first part; thence in a general Easterly direction S. 66 degrees 20 minutes E. 142.63 feet to the Westerly side of Cedar ~e; thence in a general Southerly direction along the Easterly side of Cedar Lane S. 25 degrees 05 minutes 30 seconds W. 217.02 feet to the point or place of beginning. TOGETHER with all right, title and interest of the party of the first part of, in and to Cedar Lane and Bay View Road lying adjacent to said premises. BEING THE S~E PREMT~m~ m~eyed to Grantors 1/13/56 and rec~ ~~e ofbY deed dated Suffolk County,sr A059 Page ~ the Clerk of TOGk~. HER with all right, t!tle and i~erest, i.f a~y, of t~ ~ of t~ ~fl in ~d ~ ~y ~ ~ ~. p ~y me nrst ~ m a~ to m~ pr~i~, TO HAVE AND ~ HOLD ~e pr~i~s herren g~nted unto the ~ay of the s~nd ~, the hesrs or sure.rs and m~ ~ · e ~y of the ~ond ~ turner. ~.D the party. ,of the firs.t part, in. com. plia. nce .w. ith Sect on 13 of the Lien Law, covenants that the party of nrst part wm receive the consiuerat:on tot mis conveyance and will hold the right to receive such consid. eratlon as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN Wrr/~-~ WHERF. OFs thc party of thc first put has duly executed this deed the clay and y~ar first above Buckley/ttorney-In-Fact ~ ..... " 8ILL NO.-- 8574 SO0~ SOO CODE NAME AND ADDRESS OF OWNER , ~ 06-0?-86 158.08 I COUNTY TOWN SCHOOL SP DISTRiCI 11.39 37.1; 501 ORIGINAl TOWN OF SOUTHOLD ;u.os SUFFOLK COUNTY TAX MAP NUMBER 7 8. -7-& 5 LANDVALUE VET EXEMPl RECEIVER OF TAXES GEORGE MELLAS 1985 - 1986 TAX LEVY TAXES BECOME A LIEN ON DEC 1ST SWIS : &?38R9 POLL SEC : 1 CL$: 210 TAX-CODE: 115 NAME AND AODRESS OF OWNER cou~T. 3.600 TOWN 3.60C' sc.oo~ 3.600 s. O,ST.,CT 3.600 TAXES 2~7.79 713.E1 47.31 CODE OTHER TOTAL TAX 1,110.4; I I TOWhl OF SOUTHOLD RECEIVER OF TAXES ~ 1984 - 1985 TAX LEVY to GEORGE MELLAS ~°'~s~' ~e~ t ~xrrS J~Co~E A Ur~ O~ O~- C BILL NO.-- 851 ~ gOO' 3600 SUZS : &73889 ROLL SEC : CL$: 210 ACRES= °38 -- CEOAR LA TAX-CODE: 115 1000-78-7-45 Ivlar£e Grant Southold, N.Y. 47]805 Z774(; "'1-"7-~ 1.~1 ~ ? 11971 ~own 3.60C sc.ooL 3, 6OG sv o,st~,c~ 3,60C PENALTY TOTAL 249.57 671.53 NOTICE PLEASE READ THE REVERSE SIDE ORIGINAL TOWN OF SOUTHOLD BILL NO.-- 8519 k~r~e Grant 500 500 SouthoId, N.Y. 11971 J &93805 '~77~r ";1-';7-'-'c -' , 1~4,?~ i ~UNOS RECEIVER OF TAXES 1984 - 1985 TAX LEVY TO GEORGE MELLAS ctosr~ sat -~ $16';i5 '803 TAXES B~iCOME A LIEN ON Dec IST S~IS : &73889 ROLL SEC I 1 ]AXABL~VALU[ -- TAxEs ~ CLS: 311 ACRES: .30 CEDAR LA ;cou~?~ 500 ?0.37 ~ TAX-CODE: 115 'o~,n 500 34.66 sc.oo~ 500 93.27 1000-78-7~ ;o~^~ TAX 154.35 PENALTy OTHER TOTAL PLEASE READ THE REVERSE SIDE ORIGINAL Southold, N.Y. 1197~. (516) 765-1938 September 23, 1987 Rudolph H. Bruer Edson and Bruer Main Road Southold, NY 11971 Re: Proposed Set-Off of Clyde W. and Joan Fritz SCTM# 1000-78-7-45.1 (ZBA Appeals Case #3657) Dear Mr._Bruer: This is to acknowledge receipt of the above referenced application. In your letter of July 28, 198%, you indicate that these lots were merged in February of 1984. Our records further reveal that the property was sold to the Fritzes in 1985 as one lot under one deed. However, the survey that was submitted to the Suffolk County Health Department for their review and which was mapped on May 7, 1987, refers to one of the former lots (Section 78, Block 7, Iot 44), instead of the merged lot (Section 78, Block 7, Lot 45.1); which had been merged in 1985~ prior to the date of application to the Health Department. It appears that the property represented to and approved by the Health Department (H.S. Ref. No. 87-50-124) is not the property as it exists in deed. The deed referenced on the survey given to the Health Department (L. 5717 P. 97) does not appear to be the same deed that has been on file with the County CLerk's Office since 1985(L.9942 p. 0460). September 23, 1987 M~. Rudolph Bruer, Page 2 Esq. Before the Board places this application on an agenda for a public hearing, this matter should be~addressed. Very truly yours, SOUTHOLD TOWN PLANNING BOARD CC: Francis Yakaboski, Esq. Robert A. Villa, Chairman, SCDHS, Review Board Stephen Costa, Director~ District Office ~Gerard Goehringer, Chairman, Zoning Board of Appeals Charles G. Lind, Chief Planner, Suffolk County Planning Commissio September 23, 1987 Southold Town Zoning Board Town Hall Main Road Southold, New York 11971 of Appeals Re: Appeal No. 3657 Clyde & Joyce Fritz Dear Sirs: With reference to your letter of July 30, 1987 (copy enclosed for your convenience), please be advised that the Planning Board is not acting on our set-off application which was submitted to them on July 30, 1987. Without their input, will your board refuse to hear our appeal application? Please~ise. Ru~h H~.JBruer RHB/Idf ~ Enc. cc: Southold Town Planning Board Mr. and Mrs. Clyde W. Fritz Francis J. Yakaboski, Esq. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2~, SOUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. SERGE DOYEN, .IR. ROBERT .1. DOUGLASS JOSEPH H. SAWlCKI July 30, 1987 Edson and Bruer Main Road Southold, NY 11971 Attention: Mrs. Diana Foster Re: Appeal No. 3657 Clyde and Joyce Fritz (Variances) Dear Diana: This letter will acknowledge receipt of your recent application before the Board of Appeals. The Board members will be conducting field inspections and environmental reviews as may be required by State and local laws prior to scheduling your application for a public hearing. It is requested in the interim that you proceed with the [X] Planning Board [ ] concerning their jurisdiction in this matter in order that they may submit their written comments, formal action, or other input as early as possible. Upon receipt of their input, your application will be scheduled for the earliest available hearing date. If the above document(s) are submitted by late August, it is expected that a public hearing would be held about the middle part of September. A copy of the notice of hear- ings as published in the Long Island Traveler-Watchman and the Suffolk Times will be sent to you as confirmation. Please feel free to call at any time if you have questions. Yours very truly, cc: Planning Board GERARD P, GOEHRINGER ~i Kowalski i FOLK CO, HEALTH DEP[ APt~I~OVAL H. $, NO. · _~iNEILE FAMILY DWELLING Ot, U ',' ..~. . ,., ,~..~.." ~.,.- ~ ....... ,141' CONFORM TO THE STANDARDS OF THE -- suFFOLK CO. DE~T. OF~EALTH ~R~E5. suFFOLK COUNI~ D[PI OF H[ALTH SERVICES FOR APPROVAL OF CONSTRUCTION ONLY DATE APP"OVED' C I ~ ~:'. , .... r DE:ED: RODERICK VAN TUYI~ P.C.- LICENSED LAND SURVEYORS GREENPORT NEW YORK ~AL Southoid Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11g'71 TELEPHONE (516) 765.1809 APPEALS BOARD MEMBERS 1987 October 8, S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Notice of Determin~ti0n of Non-Significance APPEAL NO.: PROJECT NAME: 3657 ''CLYDE FRITZ This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 ef the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination ~ade.for any other department or ~gency which may also have an application pending for the same or similar project. TYPE. OF ACTION: ~.] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION:Approval'of insufficient lot area, width and depth of two proposed parcels LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Cedar Lane, Southold, NY 1000-78-7-45.1 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental AssessmeDt in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is not directly related to new construc- tion as regulated by Section 617.13 for a lot-line or area variance. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowals[i, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. mc I__L :ogal Notices NOTICE OF HEARING NOTICE IS HEREBy GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Seuthold, the follow- lng hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Read, Seuthold, New York, on THURSDAy, CC- TOBER 8, 1987 at the following times: 7:35 p.m. Appl. No. 3651 - DEAN KAMEN. (Recessed from 9/10/87). 7:40 p.m. AppL No. 3592 - BENTE SNELLENBURG. (Recessed from 8/20/87). 7:45 p.m. Appi. No. 3668 - GERARD C. KEEGAN. Vari- ance to the Zoning Ordinance, Article XI, Section 100-119.1(C) for approval of construction of fence in the easterly frontyard area at a height of six feet. Loca- tion of Property: West Side of Founders Path and East Side of Hobart Road, Soutbeld, NY; County Tax Map Parcel No. 1000-64-4-10; Founders Estates Lot 39. .~,L:50 p.m. Appl. No. 3657 -~ YDE FRITZ. Variance to I~.h~e Zoning Ordinance Art ce ~_I~l, Section 100-31 for approval [ ~of .insufficient lot area, width [ Van? depth of two proposed var-I~ W cels fronting along the westerly ~ ! side of Cedar Lane, Seutbeld, NY; County Tax Map Parcel No. 7000-78-7-45.1, containing total area of.694 of an acre. 7:55 p.m. Appl. No. 3663 - MARIe CASTELLI. Variance to the Zoning Ordinance, Article III, Section 100-30 for approval of sign as exists of excessive size in this "A-40" Residential and Agricultural Zoning District and advertising "Landscaping & Location of Property: South Side of No_rt~d (C.R. 48), Peconic, NY; Co~ Tax Map Parcel No. 1000-69-4-1.3. 8:10 p.m. Appl. No. 3653 - NORTH ROAD AS- SOCIATES. (Recessed from 9/10/87), 8:15 p.m. Appl. No. 3593 and No. 3659 - QUIET MAN INN. (Both hearings recessed from 9/I0/87k 8:25 p.m. Appl. No. 3664 - ANA G. STILLO. Variance to rescind prior decision rendered under Appeal No. 3562 on De- cember 11, 1986 for a condi- tional approval under New York Town Law, Section 280-a, and deleting Condition No. 2 of prior decision rendered under Appeal No. 36~9 on April 2, 1987, and as an alternative being subject to New York Town Law, Seac- tion 280-a over the existing right-of-way approximately 100 ft. to the east of the subJeact right-of-way (approved or to be approved and accepted by the Planning Board for this set-off division of land), located along the north side of Main Road, Orient, NY; County Tax Map District 1000, Section 14, Block 2, Lot 26 and Lot 12.2. 8:35 p.m. Appl. No. 3670 - ROBERT H. FREY. Variance to the Zoning Ordinance, Article Xt, Section 100-119.2 for permis- struction with an insufficient setback from existing bulkhead at Harbor Lights Estates, Sec- tion [, Lot 10, Southold, NY; County Tax Map Parcel No. 1000-79-04-08. 8:45 p.m. Appl. No. 3669 - MICHAEL AND ELIZABETH LADEMANN. Variances to the Zoning Ordinance, Article III, Section 100~31 and Article XI, Section 100-119.2 for permission to locate new dwelling with in- sufficient setbacks from the northerly front property line along a private a right-of-way and from the nearest~etland grasses, premises kno d re- ferred to as Lot No. ~l~p of Blum and Littell, located along the East Side of Stillwater Av- enue, Cutchogue, NY; County Tax Map Parcel No. 1000-103-1- 19.6. The Board of Appeals will hear at said time and place all persons or representatives desir- lng to be heard in each of the above matters. Each hearing will not start before the time al- lotted. Written comments may be submitted riot to the conclu- sion of the subject hearing. For more information, please call 765-1809. Dated: September 28, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary 1TO1-5726 STATE OFNEWYORK ) ) SS: COUNTY OFSUFFOLK ) Chri.~tina Contont~ ofGreenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, 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 _~ weeks successively~ commencing on the ~ day of October 19_ ~7 Principal Clerk Sworn to be/ore me this NOTICE OF HEARINGS NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF ABPEALS at a Regular Meeting ~ the Sonthold Town Hall, Main Road, Southold, NY ~n THURSDAY, OCTOBER :lt. 1987 at the following times: 7:35 p.m. Appl. No. 3651- DEAN KAMEN. (Recessed from 9/10/87). 7:40 p.m. Appl. No. 3592- BENTE gNI~LLENBURG. (Recessed from~ 8/20/87). 7:4.5 p.m. A, ppl. No. 366g- GERARD C;' KEEGAN. Variance tQ the Zoning Or- dinance, A~icle XI, Section 100-119'.l(C) for approval of con- struction of fence in the easter- ly frontyard area at a height'of six feet. Location of Property: West Side of Founders Path and East Side of Hobart Road, Smithol~ NY; County Tax Map Parce~ ~0. 1000-6~l-4-10; ~ders Estates Lot 39. ~c 7.50 p.m. AppL No. 3657-~ CLYDE FRITZ. Variance,to the} Zoning Ordinance, Article Ill,/ Section 100-31 for approval o~/ insufficient lot area, width, anl~ depth of two proposed parce{s fronting along the westerly sidWl"' of Cedar Lane, Southold, NY; ~ County Tax Map Parcel No. 1000-78-%45.1, containing a total area of .694 of an acre. 7:55 p.m. Appl. No. 3663-/ MARLO CASTELLI. Varia.~e~ to the Zoning Ordinance, Arti- cle Ill, Section 100-30 for ap- proval of sign as exists of cessiye size ~n this "A-40" Residential and Agricultural Zoning District and advertising "Landscaping & Sprinklers by Forever Green." Location of Property: South Side of Nor[h Road (C.R. 48), Peconie, NY; County Tax Map Pareci No. 1000-69-4-1.3 8:10 p.m. Appl No. 3653- NORTH ROAD ASSOCIATES. (Recessed from 9/10/87). 8:15 p.m. Appl. No. 3593 and No. 3659- QUIET MAN INN. (Both hearings recessed from '9/10/87). 8:25 p.m. Appl. No. 3664- ANA ~:$~riance to rescind prior ~6~,iq/n xendei~d under Appea) N0.~5562 on December 11, 1986 fo)' a conditional ap- proval under New York Town Law, S~'tion 280-a, and deleting Condition No. 2 of prior deci- sion rend.ered under Appeal No. 3619 on April 2, 1987, and as an alternative being subject to New York Town Law, Section 280-a over the existing right-of-way approximately 100 ft. to the east of the subject right-of-way (ap- proved or to be approved and accepted by the Planning Board for this set-off division of land), located along the north side of Main Road, Orient, NY; Coun- ty Tax Map District 1000, Sec- tion 14, Block 2, Lot 26 and Lot 12.2. 8:35 p.m. Appl. No. 3670- ROBERT H. FREY. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for per- mission to locate open deck con- struction with an insufficient setback from existing bulkhead at Harbor Lights Estates, See: lion 1, Lot 10, Southold, NY; County Tax Map Parcel No. 1000-7%04-08. 8:45 p.m. Appl. No. 3669- MICHAEL AND ELIZABETH LADEMANN. Variances to the Zoning Or- dinance, Article I11, Section 100-31 and Article Xl, Section 100.119.2 for permission to locate new dwelling with insuf- ficient setbacks from the nor- therly front property line along a private right-of-way and from thc nearest wetland grasses, · premises known and referred to as Lot No. I, Map of Blum and Littell, located along the East Side of Stillwater Avenue, Cut- chogue, NY; County Tax Map Parcel No. 1000-103-1-19.6. The Board of Appeals will hear at said time and place all · persons or representatives desir- ing to be heard in each of the abo~ matters. Each hearing will not start before the time allot- ted.' Written comments may be submitted prior to the conclu- sion of the subject hearing. For COUNTY OF SUFFOLK 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 / successively, commencing on the ...................... Sworn to before me this ~--z~ ..................... day of Notary Public I).'d~EAR& FOREES Co.;::fi~io:~ Expires~/d,.Td/ 19 JJ' BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Clyde W. Fritz & Jo¥ce Fritz to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWbL~A~ YOU ARE HEREBY GIVEN NOTICE: 1. Th.~t-h-t4~ in)tention of the undersigned to petition the Board of Appeals of the Town of Southold (.V.~riance~pecial Exception) (Special Permit) (Other) [c±rcle choice] to request a ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 75 C~dar Lane. Southold, N.Y. surf. Co. Tax Hap designat±on: Dist. 1000, Sec. 078, Block 07, iLot 45.1 3. That the property which is the subject of such Pet t on is located in the following zoning district: "A"-Residential/Agricultural 4. That by such Petition, the undersigned will request the following relief: permission to reestablish the property division line which existed prior to 2/27/84, resultina in two lots in nonconformance with current area, width & depth requirement s. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article I Section 106-20 -and- Article III, Section 100-31 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you ma), then and there examine the same during regular office hours. (516} 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: 7/$0/87 Rudolph H. Bruer, Esq. & Joyce Fritz Petitioner Owners'Names: Clyde W. PostOfficeAddr~s Main Road, P.O. Box 1466 Southold, N.Y. 11971 (Tel. [516] 765-1222 PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Mr. and Mrs. G. P. Shade Mr. and Mrs. pa~r~U t Stigliani p 26~5~6 650 Cedar Drive Southold, N.Y. 11971 Main Bayview Road P 263 1356 649 Mr. and Mrs. patrick J. Main Bayview RoaS~igliani Southold, N.Y. 11971 Mr. and Mrs. G. Cedar Drive Southold, N.Y. P. schad~ 11971 STATE OF NEW YORK ) COUNTY OF SUFFOLK) Mary_ Diana Foster . residingat (No#) McCann Lane, Greenport, NY 11944 , being duly sworn, deposes and says that on the 30th day of Ju.l¥ , 19 87 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of $outhold; that said Notices were mailed at the United States Post Of- rice at Southold~ N.Y. ; that said Notices were mailed to each of said persons by (certified) (~ mail. Sworn to before me this daYRf July ,19 87 Notary Public (This side does not have to be completed on form transmitted to adjoining property owners.} N RK STATE D~PARTA,~ENT O~: ENY1RON/~ENTAL CON TI · DIVISION OF I~GULATORY ~FAIRS State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FoRM For UNLISTED ACTIONS Only PART I Project Information (To be completed by Applicant or Project sponsor) Rudolph H. Bruer, Esq. Set-off for Clyde W. and Joyce Fritz Mufllcipality ~ of Southold Cou,~ Suffolk TO reestablish pre-2/27/84 pro[~,rty division line N/W corner Bayvia-~ Road & Cedar Lane, Southold, N.Y. ~.iti,,, .694 .crc, Ultim&tely · 694 [] Yes [] No If No. desc:ib~ briefly Lots created will be of insufficient area. Southold Town Planning Board - set-off apFroval Suffolk County Dept. of Health Services - app~ovai for construction 7/28/87 If the action Is In the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II Environmental Assessment (To be completed by A~ency) 4 CS. C;mwth. subs*quant develel~men~ m related activities likely ~o be led~ced by the I~ actio~t Eq~laln I~.teny. C6. Secondary. cumulatwe, o~ other effects m~ identifle~ in C1.C6t Explain b~lefly. CZ. A change in use of either quantity o~ type of energy~ Explain briefly. PART Iii Determination of Significance (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; rd) irreversibility; re) geographic scope; and (f) magnitude, If necessary, add attachments or reference supporting materials. Ens~Jre that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed, [] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL/LONG FORM EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide here, and on attachments as necessary, the reasons supportng this determination: QUESTIONNAIRE TO BE COMPLETED AND FILED WITH APPLICATION TO THE Z.B.A. The New York State Tidal Wetlands and Use Regulations, 6 NYCRR, Part 661, requires an application to the N.Y.S. Department of Environmental Conservation, Environmental Analysis Unit, Building 40, S.U.N.Y., Stony Brook, NY 11794, (tel. 516-751-7900), if you have checked Box #1 and/or Box #6 below. Please either call their office or personally visit them at their Stony Brook office for instructions and application forms. Once you have received written notification of approva please provide our office with a copy (with the conditions) as early as possible in order that we may continue processing your Z.B.A. application. [ ] [ ] 2. [ ] 3. 4. [ ] 5. [ ] 6. Waterfront without bulkheading Waterfront with bulkheading in good condition [ ] the full length of the property [ ] at least 100' in length Not located within 300' of waterfront or wetlands area May be located within 300' of waterfront or wetlands area; however, the following structure separates my property from this environmental a rea: [/~] 50' existing road [;<] existing structures [ ] bluff area more than I0' in elevation above mean sea level This proposed addition/expansion of an existing building will be more than 75' from the landward edge of tidal wetlands/waterfront areas. This proposed addition/expansion of an existing building will NOT be more than 75' from the landward edge of tidal wetlands/waterfront a rea. [ ] 7. Please be aware that any and all subdivisions and new dwellings will also require an application to the N.Y.S. Department of Environmental Conservation for their review and approval. If you are able to provide them with recent photographs of the project and wetland areas, it would help expedite the processing of your applica- tion. This questionnaire is made to explain the requirements of this State Law and to prevent any unnecessary delays in processing your application(s). IO/~]lk ~UESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATION FORMS TO THE BOARD OF APPEALS Please complete, sign and return with your completed application questions below, please be sure (or certified sketch), to scale, tion. to the Office of the Board of Appeals forms. If "Yes" is answered to any to depict these areas on your survey and submit other supporting documenta- 1. Are there any proposals to change or alter land contours seaward of area under construction? Yes 2. Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) Yes 3. Are there existing structures at or below ground level, such as patios, foundations, etc? No 4. Are there any existing or proposed fences, concrete barriers, decks, etc? 5. 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. Yes~ No lO. 11. 12 13. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ft. 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 ~our ownership, if any)? S~te Permit # and Na%ure: Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board ~<~.m~.xZZ~ ]~-~ ~f-~.~y~ 6es/ No Town Board '/ ~' ' ~ ~ ~ -~ Town Trustees ~~,-,.~,~ z~ Yes County Health Department ~~]]~ ~.~<~<~~)~ No Village of Greenport ~' ' ~ ~--' ~/ Yes ~ N.Y.S.D.E.C. Yes Other Yes Is premises pending a sale or conveyance? Yes ~ ~es ~ If yes, please submit copy of names or purchasers and conditions of'sale(from contract). Is new construction proposed in the area of contours at 5 feet or less as exists? If new construction is proposed in an area within 75 feet of wetland grasses, or land area at a~ 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? Ye s/~; No Please list present use or opera~ions conducted upo~ the ~ subject property ~t ~hi s ~ime ~/~?~y~v_Z~xJE~.~.~..~__~P-]~ and proposed /~L~.~_..~,~--~'~'~-~-~..~-~-~ ,~ ~.~. certify~ha~t the above statements are true and are being submitted my. application Irelian~e?y~h~o/~d of Appeals in considering Si~g~f/~ureJ~P~op~rty Owner) (Authorized Agent) for 3/87 1 k July ~, 1987 Southold Town Planning Board Town Hall :-:i::n Road Southol~, N.Y. 11971 Re: Proposed Set-Off Clyde W. Fritz and Joyce Fritz Southold, New York Bear Sirs: Enclosed please find the following: 1. Application for approval of a set-off for Clyde W. Fritz and Joyce Fritz 2. Our letter requesting that the Board consider this a set-off 3. Twelve (12) prints of set-off survey, dated December 6, 1985 (amended 5/7/87), made by Roderick Van Tuyl, P.C. 4. Photocopy of Health Department approved map for Parcel A 5. Name of owner and adjoining owners 6. Form letter regarding drainage, etc. 7. Part I of Short EAF 8. Our check in the sum of $250.00 in payment of your application fee. Please schedule this application for the Board's consideration at your next regular meeting. Sincerely, Ruc~olph H. Bruer ~E r] cs . cc: ~r. and Mrs. Clyde W. Fritz Southold Town Zoning Board of Appeals