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Home My WebLink AboutOLMSTEAD, SIDNEY & ROBERTTown Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF $OUTHOLD 12/05/88 NEGATIVE DECLARATION Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review Act and 6NYCRR part 617, Section 617, Section 617.10 and chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board, as lead agency for this unlisted action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION The minor subdivision of Robert and Sidney Olmsted is two lots on 3+ acres located at Mattituck. SCTM ~1000-114-7-14. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted, reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Because there has been no correspondence received from the Department of Health Services in the allotted time, it is assumed that there are no comments or objections from that agency. .~ Because there has been no correspondence received from the New York State Department of Environmental Conservation in the allotted time, it is assumed that there are no comments or objections from that agency. Further information can be obtained by contacting Jill M. Thorp, Secretary Southold Town Planning Board, Main Road, Southold, NY 11971. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 14, 1988 Re: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. your jurisdiction in the action described below; 2. your interest in assuming the responsibilities of lead agency; and 3. issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: Requested Action: Robert & Sidney Olmsted SCTM #1000-114-7-14 This proposed minor subdivision is on 3+ acres located at Mattituck. ~EQRA Classification: Type I Unlisted Contact Person: Jill M. Thorp 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 respon~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 below3 Comments: Please feel free to contact this office for further information. CC: Sinc~a/le 1y, _ BENNETT ORLOWSKI, JR. . /' CHAIRMAN Board of Appeals '~_Board of Trustees ~B~i!ding Department $outhold Town Board ~-_Suffolk County Dept. of Health Services ~_NYSDEC- Stony Brook ~_NYSDEC- Albany S.C. Dept. of Public Works U.S. Army Corp of Engineers _N.Y.S. Dept. of Transportation * Maps are enclosed for your review ~ Coordinating agencies~. SOUTHOLD, k.l., N.Y. 11971 '- TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUCL.",SS JOSEPH H. SAWICK[ MAIN ROAD- STATE ROAD ACTION OF THE BOARD OF APPEALS Upon application of ROBERT AND SIDNEY OLMSTED for Variances to the Zoning Ordinance, Artict~ III, Section 100-31, Bulk Schedule, for approval of insufficient area of proposed Lots il, ~2 and 13, and insufficient width (frontage) of proposed Lot ~2, each with an existing single-family dwelling, in this pending minor subdivision. Location of Property: Right-of-way off the east side of Westphalia Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-114-7-14. WHEREAS, a public hearing was held and concluded on June 9, 1988 in the Matter of the Application of ROBERT AND SIDNEY OLMSTED under Appeal No. 3725; 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 submitte~ 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 "~" ~ Residential and Agricultural Zoning District with frontage along the east side of Westphalia Road of 419.0 feet and total lot area of 133,000 sq. ft., or approximately three acres. 2. The subject premises is improved with three single-family dwellings as shown on the map a~nded April 14, 1987, prepared by Roderick VanTuyl, P.C. Page ~ Appeal No. 3725 Matter of SIDNEY AND ROBERT OLMSTED Decision Rendered July 14, 1988 3. By this application, appellants request approval of the insufficient: (a) lot area of proposed Lot ~I of 53,000 sqo ft., (b) lot area of 40,000 sq. ft. and lot width of 100 feet of proposed Lot ~2, (c) lot area of 40,000 sq. ft. of proposed Lot 93, all as shown on the "Minor Subdivision Map of Sidny Wo Olmsted, Jr. and Robert W. Olmsted" prepared May 29~ 19~4 by Roderick VanTuyl, P.C., Licensed Land Surveyorso 4. Article III, Section 100-31, Bulk Schedule of the Zoning Code requires a minimum lot area of 80~000 sq. ft. and minimum lot width of 175 feet. The percentages of relief requested in relation to the area requirements is substantial, at 35% for Lot 91, 50% for each Lots ~2 and ~3. 5. Article III, Section 100-31 excepted those lots having a lot area of less than 80,000 sq. ft. that were '~held in single and separate ownership prior to November 1971, and there- after," or were approved by the Planning Board prior to May 20, 1983. The record shows that these parcels were not held in single and separate ownership, although the three single-family dwellings were in ~xistence and occupied prior to the May 20, 1983 increase in lot area requirement. Pre-Certificate of Occupancy dated January 13, 1987 has been submitted ~or the record concerning these nonconformities. 6. In viewing the character of the immediate block area, the lots as proposed are consistent as to the general configuration and size of those presently established. 7. No prior appeals have been found of record concerning these premises. 8. It is noted that proposed Lots ~2 and ~3 will have access over a proposed right-of-way running within and along the northerly yard area, and is subject to New York Town Law, Section 280-a consideration and approval by the Planning Board since the right-of-way is located within the perimeter of the Minor Subdivision proposed herein. ~ 9. In considering this appeal, the Board also finds and determines: (a) the practical difficulties claimed are sufficient to warrant a grant of this variance; (b) that the circumstances are unique to the property and are no~ shared by ~other properties in the neighborhood; (c) th~e will be no substantial change in the character of the neighborhood or detriment to adjoining properties; (d) that there will not be any increase in dwelling density since each lot will contain a single-family dwelling and no additional dwelling(s) will be conStructed; (e) the relief requested is substantial in relation to the current lo~ size requirement; (f) that the Page 3- Appeal No. 3725 Matter of SIDNEY AND ROBERT OLMSTED Decision Rendered July 14, 1988 difficulties cannot be obviated by some'method feasible for appellants to pursue, other than a variance; (g) that the relief requested is the minimal necessary under the circumstances; (h) that in view of the manner in which the difficulties arose and in considering all the above factors, the interests of justice will be served by the grant of this variance, as further noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the Variances requested under Appeal No. 3725 in the Matter of the Application of SIDNY AND ROBERT OLMSTED as applied and subject to New York Town LAw, Section 280-a access approval by the Planning Board, particularly to both Lots #2 and #3. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent due to poor weather conditions.) This resolution was duly adopted. lk GERARD P. GOEHRINGER CHAIRMAN l