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Home My WebLink About3987 a g APPEALS BOARD MEMBERS ,fr*x �. SCOTT L. HARRIS Gerard P. Goehringer, Chairman � ®� Supervisor Charles Grigonis, Jr. a� Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD 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, and -- the surrounding areas; 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 - 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 #11 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 i Page 3 - Appl. 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 Decision 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. Goehringger, 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 -�77 GERARD P. GOEHRI,NGER, 7IRMAN ]RECEIVED AND PILED BY THE, SOU'THOLD TOWN CLERIC DATE DOUR Town C1cIi., low-n QY �� ' ^y Y gs APPEALS BOARD MEMBERS SCOTT L. HARRIS ® �;•. ►�+ Vol Supervisor Gerard P. Goehringer, Chairman �- Charles Grigonis; Jr. ��1 �� Town Hall, 53095 Main Road Serge Doyen, Jr. `$ ' P.O. Box' 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD 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 - PETROL .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 XXVIII Section 100-239.4B and .Article XXIV, ,Section 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 1.000-87-4-7. Page 2 - Legal Notice Hearings to be- Held November 29, 1990 Southold Town Board of Appeals 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, 1990 Southold Town Board of Appeals 7:55 p.m. Appl. No. 3987 - H & S ASSOCIATES by Sanford Friemann. Variance to the Zoning Ordinance, Article X, Section 100-102 (Bulk Schedule) for approval of insufficient frontage (lot width) fas exists) along the Main Road of proposed Lot ##3 and for approval of insufficient lot depth of proposed Lot #2, f = in this pending minor subdivision, and ,for approval of access according to New York Town Law, Section 280A over a private S right-of-way. Zone Districts: B-General Business and e F 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. i 8:05 p.m. Appl. No. 397-7 - BETTY J. COPIN. Continued from November . l, 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, 1990 Southold Town Board of Appeals 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 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. 100.0-85-3-2. 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 requested 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 ---------------------------------------------------------------x FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL Date . . . . 10/5. . . . . . . . . . . . . . . . . .. To .FRIEMANN AND OTHERS . . . . . . . . . P.O. BOX 915 . . .CUTCHOGUE, .N:Y. 1 1935 % PLEASE TAKE NOTICE that your application dated . . . . . . . 1Q/.5. . . . . . , 9 for permit to PROPOSAL FORA MINOR SUBDIVISION. . . . . . . . . . . at Location of Property 31095 . . . . MAIN ROAD CUTCHOGUE House No. Street . . . . . . . . . . . . . . . . . . . . . . .Hamlet County Tax Map No. 1000 Section . . .1.0? . . . . . . . . Block . . . .02. . . . . . . . Lot . .24. . . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . Lot No. . . . . . . ... . . . . . . . . . is returned herewith and disapproved on the following grounds . .UNDER ARTICLE % . _ . . . .iOO 102.--PROPOSED LOT #2 WILL HAVE INSUFFICIENT DEPTH, LOT #3 WILL HAVE INSUFFICIENT WIDTH. . . . . . . . . .ACTION . REQUIRED BY THE ZONING BOARD OF APPEALS. 280A APPROVAL IS ALSO . .REQUIRED.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . 0 . . . . . . . .. . ... . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �Bu ' ding Inspector _f THOMAS J. FISHER RV 1/80 / g6 TOWN OF SOUTH OLD, NdAI9 D 91 r �d&V�k APPEAL FROM DECISION OF BUILDING INSPECTO APPEAL N �� o� 02 O./ / DATE ...°</?1.�v........ TO THE ZONING BOARD OF APPEALS, TOWN 0F$?&"LD N Clark 5�sf5 Soli aS �S f�; �FHan!nJi�o) /U ........................... 1, (We) ti.. .... .... .. ,.... ....... .............. *n .. Name of Appellant Street and Number .....w7NaG,y, .. r .:.....HEREBY APPEAL TO .................................. ........ Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATIONFOR PERMIT NO. .................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ................... 'Name of Applicant for permit of 7/o99 /r/19 i:�J 4-D G�t/7e ' G c�� .....Street and.Number...................... MunicipaIity........7" .� e....................... ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 9/' 4075 -a 3 /fS - ;J ;14p"' ,P, N 774eir /J!/A5 SvrQ�7idiri�.�/ 1. LOCATION OF THE PROPERTY ................................. �Z ,1,7. Street /Hamlet %� Use District on Zoning Map ' Di stri ct 1000 Secti on/02 Bl ock 2 Lot 2-51 Current Owner Map No. 0 2 Lot No. 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 /0® /o 0- 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (f -A VARIANCE to the Zoning Ordinance or Zoning Map (,-I' A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( V request for a special permit ( vj"request for a variance andwas made in Appeal No. ................................Dated .............................r........................................ REASON FOR APPEAL (f) A Variance to Section 280A Subsection 3 (a') A Variance to the Zoning Ordinance is requested for the reason that — Z-0-r 1it �07— `3 C�icL LjJ� i/V�cl�iGr�rci✓� cv�� /f Form zsi (Continue on other side) REASON FOR APPEAL Continued 1"x 1. STRICT APPLICATION OFTHE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because A-; ; .And `S"yt::;r" 0If -rV cZ,,vA:914-rvj 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because �M{ Poo®.e2-Tx 7S �'pG/ `7- r.'ivTa v� r l�rFivU� 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 ) Sig azure Sworn to this ...................c-2....u..�.............. day of..../.!ARUC 4"01 .................... 19 `fib e. ..... .. .. .r...:................................................ Notary Public RICHARDJ�NCiNGARROV49 NOTARY PUBLIC, STATE OF NEW YORK No. 2902160 —. Qualified ir,946ix County Term Expires 444ft*-30, 19,11r: TOWN O F SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT A/a r v7 d d �� U L 4:;' 4 :? ! t' L° /C / & FORMER OWNER N - E n ACR. S W TYPE OF BUILDING RES. SEAS. VL. FARM OMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS a3 D /a �D 7 2 r 6�,�/�. �, 4,2�'?d.l , /��, �d d„ a��; P h , E, C, -SoQ t / r / /_ ( ,c A �/ r _ p .�' ,, 1 ? '/�/ J b��L �r2 -1�[ ! e�r c J/. 11,ga , 1�, ,�u c F-��s�A /z 6 G J-o/N-eD r! `1 7t/ '3 ,.� /-25/77 IS O'E`/° gF/ 97 73lfJ D0//1a,I AGE �, a BUILDING CONDITION FN NEWS SoG O�RA� /G oLo W/ zpl)7 ABOVE FARM Acre Value Per Value Acre Tillable 1 Tillable ,2- Tillable .-3- Woodland Swampland FRONTAGE ON WATER Brushland A FRONTAGE ON ROAD �, � � S House Plot. '& ! ) p e G DEPTH GG r�O �s.! BULKHEAD - C Total '� �� DOCK TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT FORMER OWNER N E ACR. c^ L S W TYPE OF"BUILDING RES. / a SEAS. VL. FARM COM CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS G=�" `� Cam. �+{z ��ai C,4 /7 / r, ,.�; ;� , .:�, � �P 3/.fie f-�- ,S./;� 'i �-t.�. c'� t.�. �✓/ �C-e ,.--� ;7 l�cy F , CJ t ,_l r ! ®�? i � / l� 1 .�1 �� ? --E.1 't i I"''.. � j n" (S r j•1 r�,'��r 1,. 1 f �r 2. C Y.Y� 1 S( c, i rr el : r( Tillable FRONTAGE ON WATER `111 r- C�9'c� ,^' ' 1.1 '�;� ,�"4' 0d �r'4aov G / e7 ra i Noodland FRONTAGE ON ROAD ^ �• 1 .�-t�• �;�� // I // /n1 t)� �aa cc r):s 1, C C "I,-atr, �-�C1 Yr n vleadowland DEPTH /p ly 1� � ��'30-C n�� L,C tltr�lPi l�i�.� bjclr -louse plot BULKHEAD �� .�M, ,�� _ ¢' I Total - __. .F,�. :`. '• COLOR A^�.�R,paYi acp Sff01 YII 'r•-- w'�. TRIM -1 ct. ti M. Bldg. Foundation Bath'�:. 1��. Dinette ;:" Extension ._)� � �'I ;: ,: �ry�;`; S�� 'b Basement 7��,�� Floors � �.c_ K. Extension , , 1q, `7> j Ext. Walls r'j+_ Interior Finish ��., : ` LR. ..:;......;; (. i Extensions , ; , a Fire Place �/� Heat1 � . DR. �._ ype Roof Rooms 1st Floor BR. Porch Recreation Room Rooms 2nd Floor FIN. B. Porch Dormer B reezeway Driveway Garage Total - ��®� 2 1 M. Bldg. }`L ,ti D �-�- u"t' Foundation Bath =xttension Basement Floors x -�n' �fVj Ext. Walls Interior. Finish _` t'ension H - •�� Fire Place Heat t3 'orch Pool' Attic )eck Patio Rooms 1st Floor Ireezeway Driveway Rooms 2nd Floor 3arage ). B. . � may.. '`�' ••i�J+.3...•_�'��`T PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman ✓'- ` '"' ' > Supervisor George Ritchie Latham, Jr. Richard G. Ward <: arzxc Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF'SOUTHOLD 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 .SETM# 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 : It 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, 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, 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 , 199'0 decision of the Zoning Board of Appeals be rioted on the final map. Sketch plan approval is conditional upon 'submission of final maps within six moriths 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 two .mylars) must contain a current stamp of Health Department approval,. and' must be .submitted before. a final public. hearing will be set. Please note that the Planning Board has referred this _subdivision to- the Suffolk County Planning Commission for their review. You will be notified should any. covenants and restrictions be required. Please contact this office if you have any questions regarding the above. Sincerely, Richard G. Ward I95. Chairman cc: Sanford H. Friemann Gerard P. Goehringer, Chairman, Zoning Board of Appeals cz PLANNING BOARD MEMBERS 0 SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman ifi �� Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE. Telephone (516) 765-1938 TOWN OF SOUTHOLD p Fax (516) 765-1823 reloruarkl 1� 1993 I M } I 1 1 i . 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: S, i r►e rnorh,n C1 6b Offe r S. it I crab- 10.1- 2 -2 4 Requested Action: loc (�& "A) r�,Avca �US VAS fi sP fee .-+ Su{�f7i iSi ►o'r L = �'Z.�43 acres ;rj Qr^ nn ;cFrlct _tr 11 L.e-r �. a1�Q Lo't�� N��9a 5� {�(- anrx 4a�6{��sg.•�+ re5(�ec{,'.a fy1 r W 3 ��STf�G[ , SEQRA Classification: ( ) Type I ( �C ) Unlisted Contact Person: I ' Ill 1ss g a22 1'2 D ( 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 mywriting whether or not you have an interest in being lead agency. Planning Board Position: Q< 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 information. Sincerely, Richard G. -ward Chairman cc: Board of Appeals ✓ BeaEd-o f Tr gt-e as Bldlldlng' Depa-r- or} Southold Town Board *Suffolk County Dept. of Health Services °"NYSDEC - Stony Brook NYSDEC - Albany S.C. Dept. ef Pub -4 - Wos- TT U.S. T f 9ng , `*N.Y.S. Dept. of Transportation - Maps are enclosed for your .review Coordinating agencies 14-16-2 (2/87)-7c ' 617.21 SEQR Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full. EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable. 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..ln addition, many who have knowledge in one.particular area may not be aware of the broadei concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature,yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is-likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or"reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE—Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: ❑ Part 1 ❑ Part 2 ❑Part 3 CUpon review of the information recorded on this EAF(Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ❑ B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* ❑ C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared: A Conditioned Negative Declaration is only valid for Unlisted Actions �7i�vo/L Sy r DfuiS�a� Scl�i-o C_ TAX W,9VO �- Name of Action g. Name of Lead Agency Print or Type Na of Responsible Offic r in Lead Agency Title of Responsible Officer ( (5Jg ature of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible officer) D Date 1 y PA-if 1—PROJECT INFORM; lON 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 considere as part of'the application for approval and may be subject 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 investigation. If information requiring such additional work is unavailable,so indicate'and specify each instance. NAME OF ACTION i.vp.2 SJ �rfss i Sc� C o 01. P A9 LOCATION OF ACTION(Include Street Address, Municipality and County) cvT�A/06 UC X //C13 S�rr=tic �a�:uT NAME OF AP ICANT/SPONSOR BUSINESS TELEPHONE S �SS0 c' /44-Tr-.r- QEZ ) 3V- 6 910' ADDRESS CITYIPo ' STATE ZIP CODE Cv•Tc//o6 U //5-?'-r- NAME OF OWNER(It different) BUSINESS TELEPHONE ADDRESS CITY/PO STATE ZIP CODE DESCRIPTION OF ACTION �p S��s�e�.9�dE 6?QUSia��SS —dam �r�i' y� �jv2TioN P/= P�aQeILT� . •H�� HC��/G�L7u/1lfL. .— �GS�(�t=NT/'/f-L- POw�-T�o�j/ �ND UG?..Zt.4-7�zL.� 1 o-i- `2-o.V,r5b 6'c�S71 Ni'SS ff N 0 O"v, L.0 a T✓�?,�L — f% $'1 }y�,v7.q L . Please Complete Each Question—Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ❑Urban ❑Industrial 1�Commercial ❑Residential (suburban) ❑Rural (non-farm) ❑Forest Agriculture ❑Other 2. Total acreage of project area: /9..5-96 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) acres acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres acres Water Surface Area acres Unvegetated (Rock, earth or fill) acres acres acres Roads, buildings and other paved surfaces _ ��-�9G acres acres Other (Indicate type) c acres - acres 3. What is predominant soil type(s) on project site? a. Soil drainage: Well drained 161-0 % of site ❑Moderately well drained °o of site ❑Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NY Land Classification System? 147#V6 acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ❑Yes o a. What is depth to bedrock? (in feet)/ 2 5, Approximate percenta a ofProp ' prori,l site with slopes: 0% _'� ❑10-15/ / +' 015% or greater % 6. Is project substantially contiguous to, or co tain a building, site, or district, listed on the State or the National Registers of Historic Places? ❑Yes Wo C '. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑Yeslo 8. What is the depth of the water table? 2,0—(in feet) 9. Is site located over a primary, principal, or sole source aquifer? ❑Yes .; No 10. Do hunting, fishing or shell fishing opportunities presently exist in.the project area? ❑Yes X10 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? ❑Yes Flo 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) ❑Yes . >rNo Describe 13. Is the project site p esently used.�by the community or neighborhood as an open space or recreation area? ❑Yes Flo 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 l-/nh//= b. Size (In acres) 17. Is the site served by e gate xisting public utilities? s ❑No a) If Yes, does sufficient capacity exist to allow connection? ` es ❑No b) If Yes, will improvements be necessary to allow connection? ❑Yes KNo 18. Is the site located in an a ricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? 'tXYes []No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? ❑Yes 'f,;ZN0 20. Has the site ever been used for the disposal of solid or hazardous wastes? ❑Yes XN0 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 S� acres. b. Project acreage .to be developed: 0 acres initially; T-f acres ultimately. c. Project acreage to remain undeveloped 19SY6 S acres. d. Length of project, in miles: � (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed %; f. Number of off-street parking spaces existing V • ; proposed , 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 N111 UltimatelyN/V 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 6 ., rock earth, etc.) will be removed frorfi�_ie site tons/cubic yards ' 3. Will disturbed areas be reclaimed? Dyes ONO A 1/A a. If yes, for what intender purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? Dyes ❑No c. Will upper subsoil be stockpiled for reclamation? ❑Yes - ❑No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? C> acres. 5. Will any"matVNor est (over 100 years old) or other locally-important vegetation be removed by this project? Dyes 6. If single phase project: Anticipated period of construction IV114 months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? ❑Yes No & Will blasting occur during construction? . Dyes Xlo 9. Number of jobs generated: during construction N ; after project is complete N 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? Dyes ,2 o If yes, explain 12. Is surface liquid waste disposal involved? Dyes A�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? Dyes , 1No Type 14. Will surface area of an existing water body increase or decrease by proposal? Dyeso ' Explain 15. Is project or any portion of project located in a 100 year flood plain? Dyes 41'0 16. Will the project generate solid waste? Dyes k No a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? Dyes ' ❑No c. If yes, give name location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? Dyes ❑No e. If Yes, explain 17. Will the project involve the disposal of solid waste? Dyes ATN'o a. If yes, what is the anticipated rate of disposal? - .tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? Dyes /V'N'o 19. Will project routinely produce odors (more than one hour per day)? Dyes No 20. Will project produce operating noise exceeding the local ambient noise levels? Dyes o 21. Will project result in an increase in energy use? Dyes ANo If yes , indicate type(s) 22. If water supply is from wells, indicate pumping capacity gallons/minute. 23. Total anticipated water usage per day —f= gallons/day. 24. Does project involve Local, State or Federal funding? Dyes �o If Yes, explain 4 25. Approvals Required ` £ Y Submittal ype Date City, Town, Village Board ❑Yes eNo . CCity, Town, Village Planning Board Aryes ❑No SCGU J u'yiL)b City, Town-Zoning Board []Yes eNo City, County Health Department kyes ❑No _�'-'FrzxK ro / r�L7/f Other Local Agencies []Yes ;<No Other Regional Agencies ❑Yes K'No State Agencies ❑Yes �No Federal Agencies ❑Yes TNo C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? ,Wes ❑No If Yes, indicate decision required: ❑zoning amendment ❑zoning variance ❑special use permit subdivision Osite plan ❑new/revision of master plan ❑resource management plan ❑other 2. What is the zoning classification(s.)of the site? eosS,,0,6:y S 3. What is the maximum potential development of the site if developed as permitted by the present zoning? , �r a 4. What is the proposed zoning of the site? ��'�%�' SS /�6i2�Gc1L7u�2�L �r-Sii ,J7L 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? /9S(7 *_,-err C6. Is the proposed action consistent with the recommended uses in adopted local land use plans? -N�<es ❑No 7. What are the predominant land use(s) and zoning classifications within a '/, mile radius of proposed action? 8. Is the proposed action compatible with adjoining/surrounding land uses within a '/4 mile? 'es ❑No 9. If the proposed action is the subdivision of land, how many lots are proposed? i a. What is the minimum lot size proposed? 13,9- X _?oS,- 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ❑Yes XrNo 11 . Will the proposed action create demand for any community provided services (recreation, education, police, fire protection)? ❑Yeso 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? Dyes o a. If yes, is the existing road network adequate to handle the additional traffic? ❑Yes ❑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 certify that the 'nformation provided above is true to the best of my knowledge. ( Applicant/Sponsor ameS SS�±Ci TE.S' Date �e5�6 Signature Title �9/1%��2 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;:,J 'T IMPACTS AND THE1P 1AG 'iJDE Responsibility of Lead Agency General Information (bead Carefully) • 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 large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply, asks that it be looked at further. • The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column-2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. • The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance.They do not constitute an exhaustive list of impacts and thresholds to answer each question. • The number of examples per question does not indicate the importance of each question. • In identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 19 questions-in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check.column 1. d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. 1 2 3 Small to Potential Can' Impact Be IMPACT ON LAND Moderate Large Mitigated By 1 . Will the proposed action result in a physical change to-the project site? Impact Impact Project Change Examples that would apply to cblumn 2 l)(NO ❑YES • Any construction on slopes of 15% or greater, (15 foot rise per 100 ❑ El []Yes ❑No 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 ❑ ❑ El Yes No 3 feet. • Construction of paved parking area for-1' 000 or more vehicles. ❑ ❑ ❑Yes []No• Construction on land where bedrock is eposed or generally within ❑ ❑ ❑Yes ❑No 3 feet of existing ground surface. • Construction that will continue for more than 1 year or involve more ❑ ❑ ❑Yes El No than one phase or stage. • Excavation for mining purposes that would remove more than 1,000 ❑ ❑ ❑Yes ❑No tons of natural material (i.e., rock or soil) per year. • Construction or expansion of a.sanitary landfill. ❑ ❑ ❑Yes ❑No . • Construction in a designated floodway. ❑ ❑ El Yes [:]No • Other impacts ❑ ❑ El Yes El No 2. Will there be an effect V. ..,,y*ur;.que or unusual land for s found on the site? (i..e., cliffs, dunes, geological formations, etc.ZNNO OYES • Specific land forms: ❑ ❑ ❑Yes ❑No 6 1 2 3 IMPACT ON WATER Small to Potential Can Impact Be - 3. Will proposed action affect any water body designated as protected? Moderate Large Mitigated By Impact Impact Project Change (Under Articles 15, 24,25 of the Environmental Conservation Law, ECL) .�N0 DYES Examples that would apply to column 2 • Developable area of site contains a protected water body. ❑ ❑ [:]Yes* ❑No • Dredging more than 100 cubic .yards of material from channel of a ❑ ❑ ❑Yes ❑No protected stream. • Extension of utility distribution facilities through a protected water body. ❑ ❑ ❑Yes ❑No' • Construction in a designated freshwater or tidal wetland. ❑ ❑ ❑Yes ❑No • Other impacts: ❑ ❑ ❑Yes ❑No 4. Will proposed action affect any non-protected existing gr new body of water? *NN0 DYES Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of water ❑ ❑ []Yes ❑No or more than a 10 acre increase or decrease. Construction of a body of water that exceeds 10 acres of surface area. ❑ ❑ ❑Yes []No • Other impacts: ❑ ❑ ❑Yes ❑No 5. Will Proposed Action affect surface or groundwater quality or quantity? O ❑YES Examples that would apply.to column 2 • Proposed Action will require a discharge permit. ❑ ❑ ❑Yes ❑No C • Proposed Action requires use of a source of water that does not El El ❑Yes []No have approval to serve proposed (project) action. • Proposed Action requires water supply from wells with greater than 45 ❑ ❑ ❑Yes ❑No gallons per minute pumping capacity. Construction or operation causing any contamination of a water ❑ ❑ El Yes El No supply system. *..Proposed Action will adversely affect groundwater. 0 ❑ ❑Yes ❑No • Liquid effluent will be conveyed off the site to facilities which presently ❑ ❑ ❑Yes ❑No do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons per ❑ ❑ ❑Yes ❑No day. • Proposed Action will likely cause siltation or other discharge into an ❑ ❑ ❑Yes El No existing body of water to the extent that there will be an obvious visual contrast to natural conditions. • Proposed Action will require the storage of petroleum or chemical ❑ ❑ ❑Yes ❑No products greater-than 1,100 gallons. • Proposed Action will allow residential uses in areas without water ❑ ❑ ❑Yes ❑No and/or sewer services. • Proposed Action locates commercial and/or industrial uses which may ❑ ❑ ❑Yes ❑No require new or expansion of existing waste treatment and/or storage facilities. • Other impacts: ❑ ❑ ❑Yes ❑No 6. Will proposed action alter drainage flow or patte ns or surface water runoff? ITNO DYES Examples that would apply to column 2 • Proposed Action would change flood water flows. ❑ ❑ ❑Yes ❑No 7 i 3 . Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change • Proposed Action may cause substantial erosion. • Proposed Action is incompatible with existing drainage patterns. El ❑ []Yes ❑No • Proposed Action will allow development in a designated floodway. El ❑ El Yes ❑No. • Other impacts: ❑ ❑Yes []No' ❑ ❑ ❑Yes ❑No IMPACT ON AIR ++ // 7. Will proposed action affect air quality? [�'NO OYES Examples that would apply to column 2 tEE • Proposed Action will induce 1,000 or more vehicle trips in any given ❑ hour. ❑ ❑Yes ❑No • Proposed Action will result in the incineration of more than 1 ton of. ❑ refuse per hour. ❑ ❑Yes ❑No ' • Emission rate of total contaminants will exceed 5 lbs. per hour or a El heat source producing more than 10 million BTU's per hour. ❑Yes ❑No • Proposed action will allow an increase in the amount of land'committed ❑ ❑ ❑Yes ❑No r to industrial use. .. • Proposed action will allow an increase'in the density of industrial ❑ development within existing industrial areas. ❑ ❑Y.es ❑No • Other impacts: j ❑ ❑ ❑Yes ❑No IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered- species? ,�NO. DYES 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. ❑ ❑Yes ❑No Removal of any portion of a critical or significant wildlife habitat. ❑ ' Application of pesticide or herbicide more than twice a year, other ❑ ❑ flYes ❑No than for agricultural purposes. ❑ ❑Yes ONO ' Other impacts: ❑ ❑ ❑Yes ❑No Will Proposed Action substantially affect non-threatens or non-endangered species? Examples that would apply to column 2 NO DYES Proposed Action would substantially interfere with any resident or ❑ ❑ ❑Yes ❑No l 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 El ❑ ❑Yes ❑No vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES Will the Proposed Action affect agricultural land rFN ces? Examples that would apply to column-2 0 DYES The proposed action would sever, cross or limit access to agricultural Elland (includes cropland, hayfields, pasture, vineyard, orchard, etc.) ❑ []Yes ❑No 1 .2 3 Small to. Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change • Construction activity would excavate or compact the soil profile of ❑ ❑ ❑Yes ❑No agricultural land. • The proposed action would irreversibly convert more than 10.acres ❑ ❑ ❑Yes ❑No of agricultural land or, if located in an Agricultutal District, more than 2.5 acres of agricultural land. • The proposed action would disrupt or prevent installation of agricultural ❑ El ❑Yes ❑No 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: ❑ ❑ ❑Yes 0No IMPACT ON AESTHETIC RESOURCES 11 . Will proposed-action affect aesthetic resources? *0 DYES (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 ❑ ❑ ❑Yes ❑No 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 ❑ ❑ ❑Yes ❑No aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities bf that resource. • Project components that will result in the elimination or significant ❑ ❑ ❑Yes ❑No screening of scenic views known to be important to the area. • Other impacts: ❑ ❑ El Yes ❑No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of rstoric, pre- historic or paleontological importance? NO ❑YES. Examples that would apply to column 2 14 • Proposed Action occurring wholly or partially within or substantially ❑ ❑ ❑Yes ❑No 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 ❑ ❑ El Yes ❑No project site. • Proposed Action will occur in an area designated as sensitive for ❑ ❑ El Yes ❑No archaeological sites on the NYS Site Inventory. • Other impacts: ❑ ❑ []Yes ❑No 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 NO DYES The permanent foreclosure of a future recreational opportunity. ❑ ❑ ❑Yes ❑No • A major reduction of an open space important to the community. ❑ ❑ ❑Yes ❑No • Other impacts: ❑ ❑ ❑Yes ❑No 9 IMPACT ON TR ANSI'_JRTATION 14. Will there be an effect to existing transportation s stems? Small to Potential Can Impact Be Moderate Large Mitigated By Examples that would apply to column 2 KNO DYES Impact Impact Project Change • Alteration of-present patterns of movement of people and/or goods. • Proposed Action will result in major traffic problems. El ❑Yes ONO • Other impacts: 0 ❑ -❑Yes ❑No- ❑Yes ONO IMPACT ON ENERGY 15. Will proposed action affect the community's source of fuel or energy supply? Examples that would apply to column 2 NO .DYES • Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality. ❑ ❑Yes ONO - • Proposed Action will require the creation or extension of an energy ❑transmission or supply system to serve more than 50 single or two family ❑ x~ PP Y Y El ONO residences or to serve a major commercial or industrial use. • Other impacts: ;3 ❑ ❑ ❑Yes ONO NOISE AND ODOR IMPACTS 16. Will there be objectionable odors, noise, or vibratio as a result of the Proposed Action? Examples that would apply to column 2 NO DYES • Blasting within 1,500 feet of a hospital, school or other sensitive facility. O ❑. ❑Yes NO • Odors will occur routinely (more than one hour per day). • Proposed Action will produce operating noise exceeding the local ❑ ❑ ❑Yes ❑No ambient noise levels for noise outside of structures. ❑. ❑ ❑Yes ONO ' Proposed Action will remove natural barriers that would act as a noise 'screen. ❑ ❑ ❑Yes ONO ' Other impacts: ❑ ❑ Dyes ONO - IMPACT ON PUBLIC HEALTH' 7. Will Proposed Action affect public.health and safety? Examples that would apply to column 2 FO AYES Proposed Action may cause a risk of explosion or release of hazardous ❑ substances(i.e.oil, pesticides, chemicals, radiation, etc.)in the event of ❑Yes ONO accident or upset conditions, or there may be a chronic low level discharge or emission. Proposed Action may result in the burial of "hazardous wastes" in any ❑ �. form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, ❑ ❑Yes ONO infectious, etc.) Storage facilities for one million or more gallons of liquified natural ❑ gas or other flammable liquids. ❑ ❑Yes ONO 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 ❑ ❑ ❑Yes ONO waste. Other impacts: I ❑ ❑Yes ONO 10 i 1 2 3 IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD Small to Potential Can Impact Be Moderate Large Mitigated By 18. Will proposed action affect the character of the existin ommunity? Impact Impact Project Change O DYES Examples that would apply to column 2 • The permanent population of the city, town or village in which the ❑ ❑ ❑Yes ❑No project is located is likely to grow by more than 5%. • The municipal budget for capital expenditures or-operating services ❑ ❑ ❑Yes ❑No will increase by more than'5% per year as a result of this project. • Proposed action will conflict with officially adopted plans or goals. ❑ ❑ ❑Yes ❑No • Proposed action will cause a change in the density of land use. ❑ ❑ ❑Yes ❑No • Proposed Action will replace or eliminate existing facilities, structures ❑ ❑ ❑Yes ❑No or areas of historic importance to the community. • Development will create a demand for additional community services ❑ ❑ ❑Yes ❑No (e.g. schools, police and fire, etc.) • Proposed Action will set-an important precedent for future projects. ❑ ❑ ❑Yes ❑No • Proposed Action will create or eliminate employment. ❑ '❑ ❑Yes ❑No • Other impacts: ❑ ❑ ❑-Yes ❑No 19. Is there, or is there likely to be, public controv rs related to potential adverse environmental impacts? NO DYES 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 OIL IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if 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 project change(s). 3. Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the 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 SCOTT L. HARRIS ip Bennett Orlowski, Jr., Chairman �' �a .•' '��;,,• 0.�, Supervisor George Ritchie Latham, Jr. �^uy Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1 179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516j.765=,1823: State Environmental Quality Review ;�� NEGATIVE DECLARATION ;, Notice of Determination of Non-Si nificance.i Date: March 22, 1991 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: S.H. Friemann and Others SCTM# : 1000-102-2-24 Location: North side of Main Road; 1658.7 feet west of Cox' s Lane in Cutchogue. SEQRA Status: Type. l ( ) 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 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, Planner Address: Planning Board Telephone Number: ( 516) 765-1938 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 MFFat �. i� p 9 PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman ip� .M �� Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 76571938 TOWN OF SOUTHOLD Fax (516) 765-1823 March 23, 1993 Richard Cron ' Cron and Cron Main Road � `� � MAR 24` ft7nn i;� P.O. Box 953 ��- , -. ,3 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: 1. 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 proposed subdivision as a minor subdivision and to grant the relief therein requested. 2. 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: S.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) . 3 . 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 thi.s. 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, 1 r G�Lo�,f/� l aie Richard G. Ward arts Chairman Encl. cc: Suffolk County Planning Commission Zoning Board of Appeals Sanford H. Friemann %�IFF01 PLANNING BOARD MEMBERS ipA SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman S+'o �� Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD 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: S.H. Friemann and Others SCTM# : 1000-102-2-24 Location: North side of Main Road; 1658.7 feet west of Cox' s Lane in Cutchogue. SEQRA Status: Type 1 ( ) , Unlisted W 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. SEAR 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, Planner Address: Planning Board Telephone Number: ( 516) 765-1938 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 CL UNTY OF SUFFOLK Y ROBERT J.GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING 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 - by aQZ4 '7 Frank Dowling, r. Planner Subdivision Review Division File: S-SD-93-01 FD:mb ,..P--� � Attachment cc: J. Baier, C.E. SCDHS Y; ,- � H.LEE DENNISON BUILDING ■ VETERANS MEMORIAL HIGHWAY ■ HAUPPAUGE,.NEW YORK 11788 ■ (516) 853-5192 _ r } 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, 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 WHEREAS, said referral was considered by the Suffolk County Planning Commission at its meeting on March 3, 1993, and WHEREAS, the Commission has voted to disapprove said referral, Be It Therefore RESOLVED, That the Suffolk County Planning Commission hereby approves and adopts the report of its staff as the report of the Commission, Be It Further RESOLVED, 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'positioii 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 � . 399—Request for judicial intervention,22NYCRR 202.6,10.86. JULIUS BLUMBERG. INC., PUBLISHER 62 WHITE STREET,NEW YORK.N.Y.1 001 3 For Clerk Only SUPREME Court, SUFFOLK County Index No. Full title of action Date Purchased SANFORD H. FRIEMANN and others, ECEI !AS entry date DECK 6 � T.....`!/`Lrk m-e-....as.sig..-...-....dg ............... / - Name of assigned judge R QUEST OR i X JUDICIAL Petitioner(s) ........................................................ against INTERVENTION Date of assignment THE PLANNING BOARD OF THE TOWN OF .y. SOUTHOLD, AND ITS MEMBERS BENNETT ORLOWSKI, JR. -,. Chairman, . GEORGE +. RITCHIE LATHAM JR. , RICHARD G. WARD, MARK S. MCDONALD and KENNET 'P,Issuc joined (date............................................................ ) (cheek ;f applicable) L. EDWARDS, ❑ B ll;of"pyarticulars served (check ff applicable) �- I In�;thelCity.,`of.New,Nork only: El The City of`New'York is a party to this action. El 1'he"Cransit Authprity (or MABS"I'OA) is a party to this action. Respondent(s) `r NATURE OF JUDICIAL-INTERVENTION (check) ❑ Request for preliminary conference 0: Other ex parte application El Note of issue and;or certificate of readiness • ':] Notice of petition (return date..January 17 19 9 2 ) Cl Notice of motion ......................return date ..........................................( ){ . Relief sought ....................•----......----•--•---------•-•---•--•-----.....------------.....----••-••-----... Reliefsought..-•--•--•.......................................................... ............ --.............- --••-•-•-•----------------•---.....-----.....----- Y ............................... ..................................................................................................................---•--.......... ❑ Notice of medical malpractice action -1 Order to show cause ❑ Notice of dental malpractice action (Clerk will enter return date ....................................................................) ❑ Statement of net worth Reliefsought ...----•--•--•--•-----------•----------••--•--•....................................................... ❑ Writ of habeas corpus .............................................•----..........................................................--------...........--- ❑ Other(specify):----........----.................................................................................. ..................................................•---------•--•---..........................-----.-...................-.. ----•---.......-•-----------•--------........-----.............----•-•--...................................-••--•--.........--- NATURE OF ACTION OR P-ROCEEDING (check) cc: Town Board Tort Town Attorney Special Proceedings Chief of Police I Motor vehicle ❑ Tax certiorari Supt. of Highways I Medical malpractice ❑ Condemnation Planning Board I Dental malpractice ❑ Foreclosure Griffing &Southwick 7 Seaman ❑ Incompetency or conservatorship Wm. F. Mullen, Jr. 7 Airline Other special proceeding, including but,not limited to: J Other tort, including but not limited to personal injury, ❑ Article 75 (arbitration) ' /& property damage, slander or libel (specify): ..................... ❑ Article, 77 (express trusts) •............................... ] Article 78 i .................................. ❑ Other(specify) /;: .�y U A OTHER ACTION j Matrimonial (contested) ❑ Contract \ 01.4 7 Matrimonial (uncontested) ❑ Other(specify):......................... ........... ............ .. .................. ••1!/ r 'suctions: Attach rider slieets if necessary to provide required information. v� /\ if any party is appearing pro se (Without an attorney), the required information concerning such party is to be ente in the space p nt rovided for tornevc 7 � y •+ SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK - - - - - - - - - - - - - - - - - - - X In the Matter of the Application of 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 NOTICE OF PETITION Town of Southold rendered March 12, 1991 and October 29, 1991, Index No. - against - IAS Judge Assigned: 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. - - - - - - - - - - - - - - - - - - X S I R S 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 Southold 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. v Dated: December 5, 1991 Cutchogue, New York 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 - - - - - - - - - - - - - - - X In the Mattel of the Application of 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 VERIFIED PETITION and October 29, 1991, against - Index No. THE PLANNING BOARD OF THE TOWN OF SOUTHOLD, IAS Judge Assigned: AND ITS MEMBERS BENNETT ORLOWSKI, JR. , Chairman, GEORGE RITCHIE LATHAM, JR. , RICHARD G. WARD, MARK S. McDONALD and KENNETH L. EDWARDS, Respondents. - - - - - - - - - - - - -. - - X To the Supreme Court of the State of New York The petition of . Sanford H. Friemann in this proceeding under Article 78 of the Civil Practice Law and Rules to review the determination of the respondents herein, respectfully shows to this court: 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. .... ._._..__._ - ...,... ....... ......_...............,,..i.........,...__.�.n..v .:.,. vu.a._a.a<,..:>.,.w•..:....+'+..ra:ti»as:rtalnq:Ysw�.uii.e4:tt'PecevAlliLtR6YYficYfae.1RDSL]I.l4LMIF.A:i:.ffs.w'.w+wu+e.wra....rw. � t S 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 r.i.ght-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 obligation 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. That petitioner was advised by the Planning Board the two ( 2) business lots proposed required variances from the Zoning Board of 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 frontage on New York State Route 25 did not meet the 150 foot width requirement and the proposed contiguous unimproved lot in the rear thereof did not meet the 150 foot depth requirement. A copy of said Bulk Schedule is annexed hereto as Exhibit "D" . 12 . That petitioner was advised to file for a minor subdivision `and submit maps which would show the division of the "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 proposed maps as requested, a copy of which is hereto annexed as Exhibit "C 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- u r. 14 . That petitioner thereafter made application to the Southold Town Zoning Board of Appeals for the necessary variances to 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 13, 1990, the Zoning Board of Appeals of the Town of Southold rendered its decision on the petitioner' s application, granting the variances requested as to the "B" General Business zoned parcel, and for approval of access pursuant to Section. 280A of the' Town .Law over the 22 foot paved right-of-way running along the easterly .boundary of the "B" General Business parcel to the "A-C" Agricultural- Conservation zoned parcel in the rear. A copy of the decision of the Zoning Board of Appeals is annexed as Exhibit "E" . . 16 . That on March 12, -1991, 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 York State Route 25 to the "A-C" Agricultural-Conservation zoned parcel, and 2 . A pavement width of 24 feet within the right-of- way in accordance with Town road specifications . 3. Payment of a fee in the sum of $400. 00 to pay the Board' s Environmental Consultant to review petitioner' s long environmental assessment form. -5- h of e f 4 . Additional requirements to be provided at a later time, as follows : a) Road profiles b) Bond estimate for improvements c) Park and Playground fee of $2, 000 . 00 for the. residential lot. Finally, the Board converted the minor subdivision submitted by petitioner to a major subdivision on the ground that road construction is required. A copy of the Board' s decision is annexed as Exhibit "A" . 17 . That on September 30, 1991, at the request of the attorney for the petitioner, application was made to the Planning Board to review the decision made in its letter of March 12,. 1990, with the view to rescind its ,contents as to the requirement for road construction and major subdivision status . 18 . That on October 29, 1991, the Planning Board rendered its decision, in writing, adhering to its original determination of March 12, . 1991, a copy of which is annexed . as Exhibit "$" . 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 and 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 "F 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- t 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-108-15 .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 . i as Exhibit " . 29 . That petitioner' s application, even if one were to consider the zoned "A-C" Agricultural Conservation parcel as a single lot, would fall within the definition of a minor 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 the Planning Board as set forth in Exhibit "A" to require 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 ofdiscretion, and clearly in excess of the power of said `Planfting� Board. b) The decision of the Planning Board as set forth in y . 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- rr r 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" . P 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 to 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- EXHIBIT "A" • . f oLK�oG . o y� PLANNING BOARD MEMBERS ' SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman VO S O� Supervisor George Ritchie Latham, Jr. 1� Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald F P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD 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: 1. A 30 foot right-of-way from Main Street (State Road 25) to the portion of the property located in the Agricultural Conservation District. 2. A pavement width within the right-of-way of twenty-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 submitted 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, V uOzs� Bennett Orlowski, Jr. 4 ' s Chairman cc: Gerard Pr Goehringer, Chairman, Zoning Board of Appeals a a , I EXHIBIT "B" 1 l �G Cm PLANNING BOARD MEMBERS C13 SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman ® Supervisor George Ritchie Latham, Jr. y O� Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald r P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 - Telephone (516) 765-1938 TOWN OF SOUTHOLD 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 SCTM# 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 subdivision 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. ' t 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, ��Ver , Bennett Orlowski, Jr. Chairman cc: Sanford H. Friemann Cj MAP _ ; I AT T L.uTct.-I,0 .7lii7- i. ��,f;� ter-- �� ►.►��.;�.�r ; �`�• H: -5, A`S�CIP�GS f f . 1 ,f • j' ,I I� i - � � V I ' - j • 1 L { E 2.0 1 FTA•LU :. CQ i r . 1� i • i �w mac- - _ _ .;t:: ,•�. so goo zoo,.- /= EAV. AC N,4.5.E750 W,:... lam' 132 (p 3H 6,05 174 7- N (;s C' in ri - P,4J i m ICJ - in �r `i n U l .r.i.Y. TELE .PHGk" CO, �. iI.J-, EV=t.. "" .AG a rULT+.:i74.I CONSEZaT'fQN__ . 4'7 t- E `1lAT EP., - rf,;i iriR. FF_ F T2 ALL-� THE 2UFFOL :,CC. GEPA'R MEt,tT'r1F FIE/°iLTi- E' PIP r + S IT ti +.r . 8 ( t r § POW" `r 7-7 .. r 1 1 i ,.fir 4 i-ITY0�CAL..WALL_ MA c' TE , I __`TEST ..ROLE 2� fit :u- I • ii •� ..�; � . . r d I _.._I3rraurnt� . --PALE BROWN 1-- _ PALE-.S2OVi N .. (. N..d QfA.CLASS.400 P1 PE-QR:.EQ_U1 V.. A YPfG LAYWT: . ` 18` 7+- I. _ 'GAL�:S'E> TiG>TAIi1lG - L'S i BAt;€C-FtLL f -'FINISHED GRADE J ,t2 t arm u:q pWAT. 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C\) PALE B20WW mmum Z5, COARSE S4140 U I V t�41 Q, A .;A.CLASS 24CO PI PIE GR, Est i. cQv LAY UT tll- ZOO GAL WA G-SAL, L CLEAN T. ,kq AT .i . EXHIBIT "D" r Town of Southold Bulk Sclx-duie for Business,Office and Industrad DL%Iricts (Added 1.1.0 59 by LL.No. 1-19891 LED LB 11B B 13ghf Industrial LI United Hamlet General M-1 M-I1 Pssrk/Pianned Light t7intriri Business Business OnsiiMss Marine I Marine 11 Office Park fnduslrial Minimum requirements for bmir ss.office;,indus- trial or other xinmidential use, W size(squire feet) 80,000 20,000 •. 30,000 401000 80N0 120.00t1 40,000 Irt width(feet) 175 60 150 150 15O 21s1' 160 Lat.depth((Let) 250 loci 150 150 150 30 150 Front yard(feet) 60 15 50 35 S5 75 W Side yard(feet) 2O 10 2a 20 25 3p 20 Both side yands(feet) 45 25 50 45 50 60 40 Rear yard(feet) 75 25 35 25 25 75 70 LamxL apc area(percent) 35 25 35 26 20 35 25 Maximum Xcrmittai dimet�lrms P Lot cmorage(percent) 24 40 100 34 K 20 r 30 Building height(feet) 35 35 315 35 35 35 35 Yumber of stories 2f; 2 i 2 2 2 2 2 A`p M Vor m(nimum requirements for residential uses,refer first to Density and Mil�'mum Lot Site Schedule for NomE:EJdentW Dlstrictsatxl then toappropriate indicaLed column in the Bulk Schedule for Residential U-,rs.In the b(urine I and"darinc lI Districts,only isuid abw,-e mean high rater shall quatify for area CdlCl[l:1ti41nS. • 2-25.89 i EXHIBIT "E" u i� .� �oc��FFOLkC�G APPEALS BOARD MEMBERS SC:DTT L. HARRIS y O Supervisor Gerard P. Goehringer, Chairman Q O�- Charles Grigonis, Jr. `� �.[ �t � Town ];!all, 53095 Main Road Serge Doym. Jr. P.O. Box 1179 Southold, New.York 11971 James Dinizi�,, Jr. BOARD OF APPEALS F._x (516) 765-1823 Telephone (516) T55-1809 TOWN OF SOUTHOLD, Telephone (516) 765-1800 December 18, 1990 Mr. Sanford H. Friemann P.O. Box 9.15 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 apprz-vals. A copy of this decision has simultaneously been trai.3mitted to the Planning Board and Building Department for their files and update. i Yours very truly, GERARD P. GOEHRINGER Linda owalski Copy of Decision to: Building Department Planning Board Suf: olk County Department of Planning � • L c c APPEALS BOARD MEMBERS o '-^ SCOT3' L. HARRIS Supervisor Gerard P. Goehringer, Chairman t�• ��' C Serge-les Doyen, nis, Jr. �� 1 Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Southold,New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD 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, and the surrounding areas; 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.As , 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 W 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. ' . f 3. Article.X;,._Section 100-102, (Bulk Schedule) bf 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 (fr.ontage) . of 132.00 feet, inclusive of easements or right-of-way .(or 117+7 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 41, 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 - Appl. 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 " GERARD P.- GOEHRT,NGER, 1'1OV 16 '90 1C'5,- TOH N OF SOUTHOLD P. 1/1 Post-V brand fax transmittal memo 7671 Not pages► ! ' To from ' Co. Dept. Phone w b p O PLANNING BOARD MEMBERS Fax w 3 Fax w /Ov-2 L§ , Bennett Orlowski,Jr., Chairman __ (ARRIS George Ritchie Latham,Jr. + � •.y'- .. ` :' Supervisor Richard G. Ward Mark S. McDonald ,�: Town Halt. 53095 Main Road � - Kenneth L. Edwards P.O. Box 1179 i97I Southold, New York PLANNING BOARD OFFICE Telephone (516) 765-1938 . TOWN OF SOLTHOLD Fax (516) 755. 18-j3 ROAD SPECIFICATIONS Town of Southold Pavement Width Number of Lots . (�.) zone District * 16 Ft. 1 All R Zones 16 Ft. 2-4 All R Zones 20 Ft. 5 & Over R-200, R-400 + . 24 Ft. 5 & Over R-120, AHD,. HD, + 5 & Over R-$0,R-40,AFL7,& HD28 1~t All Industrial + Desi Bates toad . avement without CUrbs,__utiliazng drainage g • - ---in--Swales; -:vS- roads with curbing and drainage basins Within t)e paveatent area. . , + On site ' ' parking as required by the Blanning. 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. ' f f. L\ +I EXHIBIT "F" pp ps R1_ rja § 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 is 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 will be consistent with the present or future street layout of the neighborhood. r (5) Whether the proposed set off will require the extension of municipal facilities or services. (6) Whether the proposed set off will 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 01' 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 ($250.). [Added 4-19-83; amended 3-10-87] SUPERBLOCK — A block of exceptionally large size in both dimensions, with access to interior lots by culs,•de-sac branching in from surrounding streets and providing one (1) or more open spaces. SURVEYOR — A person licensed as a land surveyor by the State of New York. A 10608 5.25-87 i. . «.�.. .._,._y_.,-,_ to 3uh r - s ri••.a W� .� .� ; 4� K .. � Fe•i`�arA.�� , +.m- --- ------•-. .mawanarpz39�pL'S"'�tIfP2'Si$Siil+� �u��i%y:•sdn•..�;.,...3Ale4fi�.i. . • r ICY ti § 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 line of the street. i STREET, SECONDARY — A street or road of con- ! siderable 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 herein, either for himself or others. 1 SUBDIVISION [Amended 9-23-80]: A. The division of any parcel of land into two (2) or more lots,plots,blocks, sites or other 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 resubdivision; provided, however, that the term "subdivision" shall not include the setoff 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 of whether such setoff or creation constitutes a subdivision. In i A10607 5-25-87 EXHIBIT "G" i 1+ '° ° `.`'"'.h,�em '4L4§3�I'.�tMr+dt•w.,,w..�.�_-_.' r»ri-mk .j- r.,. 11,h4r�1 s i � rt �7M7 § A106-33 SUBDIVISION OF LAND § A106-33 feet in wic'.th. 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 i_, width, provided that the subdivider agrees to covenant that the individual lots will be so designated as 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-eight- or twenty-four-foot road width shall meet the specifications set forth in Chapter A108, Article III, including Standard Drawing Nos. SD-854A and SD-854M.1 B. Improvements. Streets shall be graded and improved with pavements, curbs and gutters, sidewalks, drainage facilities, water mains, sewers, streetlights and street signs, street trees and fire hydrants and/or firewells. Firewells shall have an eight-inch casing and a twenty-foot stainless steel screen and shall have a pumping capacity of three hundred.fifty (350) gallons per minute`. There shall be a depth of water of at least forty (40) feet. The number and location of fire hydrants and/or firewells shall be de- termined by tha Planning Board..In making such deter- mination, 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 Planning Board, upon written approval of the Superintendent of Highways and the Town Board Highway_Committee, may. waive,--.-_._.._ subject to appropriate conditions, such improvements as it 1 considers may be omitted without jeopardy to the public health, safety and general welfare. Pedestrian easements shall be improved as required by the Planning Board. Such grading and improvements shall be approved as to design and specifications by the Town Superintendent of High- ways and the Town Board Highway Committee. [Amended 5-8-73; 12-9-75; 4-22-80] 'Editors Note: Department of Highways Standard Drawings are included at the end of i Ch.A108,Highway Specifications. I A10623 7-25-8s 5 I 1-" i - C�L('Ith}1�.578a:d3��C•3iF'»: 191�.�...r.-Sr.�{t'Jh�L'kt:e}K442'rt1E�13raueyuf,:uucslatyew.oxua.Hula.�meaw.q.ua..nuuvwx:annmm....°....._.-__.r ,� 4 ) t t w'{Y ltu i; § A106-32 SOUTHOLD CODE 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 ;r. 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 (asJor park purposes in residential dis- 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-cf-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 1 Type of Street Right-of-Way (feet) Major 100* Secondary or collector 80* Minor 50* * NOTE: Except when the Master Plan specifies a greater or lesser width. (2) Width of pavemej'it within rights-of-way. All minor streets in major subdivisions shall be twenty-eight (28) A10622 7-2s-s9 v „ e / § A108-15 HIGHWAY 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. § A108-15.1. Construction specifications. (Added 11-27-1990] The specifications set forth in the following chart shall apply to all ice? constructed roadways after December 1, 1990: A. Specifications. Finished Number of Pavement Width Lots Serviced (feet) by Road Density3 121 1 All R zones 161 2-4 All R zones 161 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: 1 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. 3 For a zone district designation or land developed at a density of zone district, i.e., PAO 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.Stripping 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. . A10811 12-25-90 ,. i i . I i k y: fig ♦ - - - , § A106-13 SOUTHOLD CODE § A106-13 not requiring the extension of municipal facilities, and not adversely affecting the development 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,l-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 a proposed subdivision, including, but not restricted to, road and lot layout and approximate i dimensions, key plan, topography and drainage! all ..proposed facilities unsized, including preliminary plans and profiles, at suitable scale and in such detail as these regulations require. [Amended 5-8-73] PRELIMINARY PLAT 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 filial form in accordance with the provisions of Subdivision 7 of Section 276 of the Town i Law. [Added 5-8-731 1 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 street, road, avenue, lane or other way, located between .right-of-way lines. STREET, LOCAL SERVICE — A street running parallel to and in the immediate vicinity of a major highway for the 1 Editor's Note: See Ch. 100, Zoning. • i ' A10606 i i e 0+�� E 1 ��' c.tS:... 'i' S P..` ,• p-� �`,f1r (: ,... .. ,,:•., .:;..,. .;.,� sir ri t r�1 ^ r irSk(f"�� ,i `�',, 4t;>! �°rein,j;;ctai�t}•�,-j, q u•N! _ askk57t �:F,try,rra.Mri�� jl;'i'i ' i �i, 1�'ttd•i 1 ! r I rrr 11li ll�; § A106 13 SUBDIVISION OF LAND § A106-13 ENGINEER or LICENSED PROFS SSIONAL ENGINEER — A person licensed as a engineer by the State of New York. Professional FINAL PLAT — A drawing prescribed by these regulations, showing n in a manner subdivision and containing, in such additional details as shall be provided by these regulations, all information required to appear on - a modificatons, if an Preliminary plat and i the the time approval required by the Planning Board at pproval of a preliminary plat of such proposed subdivision if such preliminary plat has been ' approved. [Amended 5-8.731 FINAL PLAT APPROVAL — The by a duly authorized officer of the Planning of a final plat resolution granting final- approvalg Board after a the-conditions specified in a resolution g l plat, or after approval of the plat are completed. Such fgaloanditional pproval qualifies the plat for recording in the Suffolk County Clerk's office. [Added 5-8-731 LOT — A portion of a subdivision or other in as a unit -for transfer of ownershiel of land .development. P or for MAJOR SUBDIVISION All— as minor subdivisions, including,subdivisions not classified subdivisions of five 5 but not limited to, requiring the construction of o new�street or tts, or he subdivision - of municipal facilities. extension 3 MASTEvelop- R OR TOWN PLAN - ment of all or.portions Of.the Town oflSouthold,an 'depared by the Planning Board pursuant to Section 272 a pared Town Law, .which plan indicates the of the recommended for various general locations structures and the general Public works, places and town, and includes any unit or part of such Plan sehysical t of the adopted and any amendment to such plan or separately MINOR SUBDIVISION — P Parts therein. subdivision not more than four(4) lots fronting on an existing street containing! or ! A10605 t rli3rh.41>;�! � sff r t 5 Fl1,yl 1 tul a°r �aeti4li�16�� f; .a P § A106-38 SUBDIVISION OF LAND § particular subdivision would create less than four(4)acres, the Board shall require that the recreation area be 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. I C. Recreation sites. Land reserved for recreation purposes shall be of a character and location suitable for use as a playground, playfield or other recreation purpose and shall be relatively level and dry. All land to be reserved for dedication to the town for park purposes shall have prior approval of the Town Board. D. 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. E. 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, the 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. I (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 ($2,000.) per lot for each vacant lot A10629 7-z5-90 Index No. r •Year 19 STATE OF NEW YORK SUPREME COURT COUNTY OF SUFFOLK In the Matter of the Application of SANFORD H. FRIEMANN and others, Petitioner, -against- THE PLANNING BOARD OF THE TOWN OF SOUTHOLD, AND ITS MEMBERS BENNETT ORLOWSKI, JR. , Chairman, GEORGE RITCHIE LATHAM, JR. , RICHARD G. WARD, MARK S. McDONALD and KENNETH L. EDWARDS, Respondents. NOTICE OF PETITION, PETITION and REQUEST FOR JUDICIAL INTERVENTION CRON AND CRON Attorneys for Petitioner Office and Post Office Address Main Road P.O. Box 953 CUTCHOGUE.N.Y. 11935 (516) 734-5100 To: Attorney(s) for Service of a copy of the within is hereby admitted. Dated: Attorney(s) for PLEASE TAKE NOTICE ,g11 that the within is a (certified) true copy of a NOTICE OF ENTRY entered in the office of the clerk of the within named court on 19 , a NOTICE OF that an Order of which the within is a true copy will be presented for settlement to the Hon. v SETTLEMENT one of the judges of the Within named Court, at on 19 , at M. Dated: CRON AND CRON Attorneys for Petitioner Office and Post Office Address Main Road P.O. Box 953 To: CUTCHOGUE,N.Y. 11935 (516) 734-5100. Attorney(s) for .'6 STATE OF NEW YORK, COUNTY OF ss: I, the undersigned, am an attorney admitted to practice in the courts of New York State, and r$ ❑ certify that the annexed Attorney$ has been compared by me with the original and found to be a true and complete copy thereof. Certification e ❑ say that: I am the attorney of record, or of counsel with the attomey(s) of record, for Attorneys I have read the annexed v`by ti°° know the contents thereof and the same are true to my knowledge, except those matters therein which are stated Affirmation 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 is I affirm 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 the Petitioner � being sworn says: I am ® in the action herein; I have read the annexed Verified Petition indWidual know the contents thereof and the same are true to my knowledge, except those matters therein which are stated a verification to be alleged on information and belief, and as to those matters I believe them to be true. the of ❑ a corporation, one of the parties to the action; I have read the annexed Corporate Verification 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 I -` 10CHARD I CRON J n /-2 vet>9•tI'/L/ 5 Homan►AIM&ss d ye* Print signer's name below signature) No. .ram S GuNwad In Guam REMY nford H. Friemann Ooa�ntaloa�pNM M =90,IS STATE OF NEW YORK, COUNTY OF ss: being sworn says: I am not a party to the action, am over 18 years of age and reside at 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 service the U.S. Postal Service within the State of New York, addressed to the last known address of the addressee(s) as By Mau indicated below: a o. e ' by delivering the same personally to the persons and at the addresses indicated below: Personal service Sworn to before me on 19 (Print signer's name below signature) F: ,c..0-_L PEREH .,Ph i. N' 7=-1__ _, F'.0 ` �' _ � '� ` .T CLERK NOTIFIED AUG 2 1 1992ME'lKO.&NI UUM SUPREME COURT, SUFFOLK COU111TY TRIAL TERM PART ,22 !n the TIViatter of the Application of., SANFORD H. FRIEMANN and others, BY: b4ciNEZ1�TEY, J.S.C. Petitioner, For a Judgment under Article 78 of the Civil Practice Law and Rules Invalidating << th r e ecisions of the Planning Board of the DATED:. f� " .J.;11992 Town of So thold rendered March 12, 1991 and Octu-h:r 29 1991 against- INDEX NO.: 91-20767 THE PLANNING BOARD OF THE TOWN OF SO'UTHOLD, AND ITS MEMBERS, BENNETT OR LOWSKI, JR., Chairman, MG- CAScEDISP GEORGE RITCHIE LATHAM, JR., RICI:ARD G. WARD, MARK S. McDONAL.D:- and KFNNETH L. EDWARDS, Respondents. CRON CRON, ESQS. HARVEY A. ARNOFF, ESQ. A'.torneys for Petitioner Attorney for Respondents Main Road, P.O. Box 953 P.O. Bo;, 1179 Cutchogue, 14Y_ 11935 53095 Iofain Road Southolry, NY 11971 By this Article 78 proceeding, petition::r asks for iudgment vacating and annuiling the ietter decisions of the Southold Town-Planning B(:-trd dated March 12, 1991 and October 297 1991.. and directing said Planning Board to process the.petit jeer's application as a set-off of a single lot in the "B" General Business District pursuant to Section A-:105-13 of,the Subdivision of Land regulations of the Southold Town Code, or in ►he,altemative, as a minor subdivision consisting of two (2)-lots in the "B" General Business District with "'ection 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. The subject property of which petitions, Friernam, is a co-owner, comprises 19.5 acres, of which the northerly lot is 1.7.5-t--,'- acres, zoned "A-C" Agricultural Conservation and 2 acres, also a single lot, zoned "B" Business. HUL 31' 19'�? 1r:�=t1 FROM PINEWOOD PEPEtIhIIFL ��iiiL!Ehd TO —�Sii PAGE 2 FRIEMANN V. SOUTI4OLD INDEX NO. 91-28767 The lands are located on Main Road (Route 25), Cutchogue, New York. In September, 1990, petitioner "sought the advice" of the Town Planning Board (respondent herein) as to a proposed subdivision 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 would meet certain frontage, width and depth requirements of the Southold Town Zoning Cade. Petitioner was further advised to file for a minor subdivision and submit maps which would include the "A-C" Agricultural Conservation parcel on which a perennial nursery 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). Subsequently, following application to the Zoning Board of Appeals, the latter., on December 13, 1990 granted the variances and, as had additionally been requested, approved access over the 22 foot paved right-of-way running in a northerly direction from Main Street to the Agricultural Conservation parcel. Among the Zoning Board of Appeal's findings was: "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 of 18 feet (without obstruction) for sufficient maneuvering and access 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) ri&ht-of-way from Main Street (Rte. 25) to the Agricultural Conservation District, and the pavement width 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 :accordance with the right-of-way widening; a bond estimate for,road improvements; and a "Park and 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 Ietter of October 19, .1991, reiterated i.ts previous determination, setting forth, in part: The Planning Board has classified this subdivision as a major subdivision due to the fact that the proposad requires the construction of a new street. A major subdivision is defined in the Town Code as " ... subdivisions of five (5) AUG='11-1 y92 16:01 FROM P I NEI,JOi ID PERE1HH?i,'.. GARDEN -0 '� F'.CC PAGE 3 FRIEMANN V.,SOUTziOLD INDEX NO. 91-28767 or more lots, or any subdivision, requiring the construction of a new street or the extension cf 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 l.ot.•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 along warrants a twenty-four' foot pavement width. Thetefore, the Board is not in favor of any further reduction of the road 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. A 106-33 A(2) of the Code that all minor streets in major subdivisions shall be 28 feet in width but the Planning Board has discretion to reduce the road ,'vidth to 24 feet, which it has done in this instance. Contrarily, petitioner observes that 1 I feet of the right-of-way is on an adiacent property owner's premises (by permission) and extension of the roadway in the other direction would affect the existing commercial buildings and also a substantial part of an existing tree line would have to be removed; that the submission of road profiles and a Ietter of credit or its equivalent for road'improvements are totally unnecessary requimments if no road widening is required by the Court. As to a Park and playground fee of$2,000.00, the imposition of same is not warranted by the application submitted. Tile Planning Board in converting the petitioner's application to a major subdivision considered the ,17+ acre "A-C" parcel to be a single lot and arbitrarily assessed the $2,000.00 Park fee. There is no subdivision of the "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. 1INloreover, there can be no land required for Park purposes on the division of a business parcel which is in fact the nature of the petitioner's application. !=i•_iG-�1-1992 15 0- 2FFGf'1 F'Ih;E',JOi�Li F'EF:EfdhlIf-i_ Lei ::EFI TiJ !�•1� F.�=d PAGE 4 FRI.EMANN V. SOUTJiOLD INDEX NO. 91-28767 DECISION 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 from the 'Town Code follow: MINOR SUBDIVISION - Any subdivision containing not more than four (4) lots fronting on an existing street.or not requiring the extension of municipal. facilities, and not adversely affecting the development of the remainder of the parcel or adjoining property and not-in conflict with any provision or portion of the Master .Plan, Off vial .Map or Zoning Ordinance, 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 street or the extension of municipal facilities. in the Court's opinion, the subject parcels 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 sLi.iport for respondent's 2 foot widening from 22' to 24' because of the addition of one unimproved business lot, or that the safety and well-being of the community would thereby be enhanced. Petitioner notes that Southold Town Code "Highway Specifications" Sec. A108-15.1 "Construction Specifications" applicable to all constricted roads after December 1, 1590, does not concern the zones in which the subject parcels are located, drawing the conclusionrrom 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 Conservation zone. From Currier.v Planning 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 ` yIIL;-'=1.1992 1E:�=1. FF.'pf'1 F'IhlEl,.11=1OD F'EF.'E�lhlIi=:._ I Hi-'L+EMI TO _ `1-T -_ "PAGE 5 FRIEMANN V. SOUTHOLD INDEX NO. 91-28767 Zoning Law and Practice [2d ed.l.,'§15.09; Matter of Eckels v. Murdock, 265 N.Y. 545, 193 N.E. 313; Matter of Roth v. Friedman, 51 A.D.2d 728, 378 N.Y.S.2d 784). Herein, such arbitrariness in the Planning Board's decision, is found. The petition is granted, and the deterininatiotis of respondent as included in its letters of March 12, 1991 and October 29, 1991, are annulled and vacated. Respondent shall accord to petitioner the relief requested in his application to it. J.S.C. APPEALS BOARD MEMBERS v -� . ,.�;.��,, �+ SCOTT L. HARRIS n�• Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr. �� ?� `ja Town Hall, 53095 Main Road Sere Doyen, Jr. 6 g Y P.O. Box 1179 Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD 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 . I o��FFo�K�oG APPEALS BOARD MEMBERS C T SCOTT L. HARRIS Gerard P. Goehringer, Chairman �YO� Supervisor Charles Grigonis, Jr. Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 S.E.Q.R.A. November. l5 ,. 1990 TYPE II ACTION DECLARATION Appeal No. 3987 -� Project/Applicants: -5-t -R-Associates County Tax Map No. 1000- 102-2724 Location of Project: 31095 Main Rd . , Cutchogue , 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. me APPEALS BOARD MEMBERS ` � SCOTT L. HARRIS Gerard P. Goehrin er, Chairman `d " Supervisor `�' g '�� Charles Grigonis, Jr. Serge Doyen, Jr. Town Hall, 53095 Main Road P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD 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, GERARD P. GOEHRINGER CHAIRMAN Enclosure r 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 & S) 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 r. �,•+_. Island Sound and with side Parcel ID No. I000-90-1-25; NO?ICE OF HEARINGS lops and/or conches for whole-A " -a yards at less than the required 15 Cedar Beach Park Lot No. 125, sale distribution. Scallops and TICE IS HEREBY r-s,4= � feet and 20 feet.The dwelling as filed Map No. 90. conches to be delivered for off- Premises consumption EN, pursuant to Section exists is nonconforming as to 8:35.p.m. Appl. No. 3981— ^r267.of the Town Law and the premises consumption or sales.' ,;_Code of the Town of Southold, total sideyards,and the lot area PHYLLIS RAYNE BYER. and width are nonconforming in Variance to the Zoning Ordi- I Zone District: Agricultural- ' the following hearings will be this R-40 Zone District. Loca- nance, Article III, Section Conservation(AC).Location d t "held by the SOUTHOLD Property: 1575 Lower Road, I TOWN BOARD OF APPEALS lion of Property: 645 Glen 100-30A(1),as disapproved,for" Southold,NY;County'ihx Map:'� at a'Regular Meeting, at.the Court, Cutchogue, NY; Vista approval of second dwelling Parcel No. 1000-69-5-13.2.Con- Bluff. Map No. 5060, Lot #1; apartment unit,as exists.Build- Southold Town Hall, Main tined from November 1, 1990. , County Tax Map Parcel ID No. ing as exists contains two dwell- :;The Board of A 1 Road, Southold, NY 11971, on in units and retail store in this "' ppea s will at'') THURSDAY,NOVEMBER 29, 107055 1-7. g 755 p.m. Appl. No. 3987— " Limited Business (LB) Zone said time and place hear any and 1990 at the following times: all persons or representatives de- 1990 AS by Sanford District. Lot is nonconforming siring to be heard in each of the I 7:30 P.m. APPI. No. 3972= g PETROL STATION LTD. Friemann.Variance to the Zon- as to lot area,width and depth. ing Ordinance,Article X, Sec- Location of Property:Corner of. above matters. Written com- Hearing continued from ments may also be submitted. November 1, 1990. �. lion 100-102(Bulk Schedule)for South Side of Main Road and ,prior to the conclusion of the approval of insufficient frontage the East Side of Bay Avenue, :subjectrt the c g ' .7:35 p.m. Appl. No. 3985— g. Each hearing HERBERT AND LATHER- (lot width) of exists)along the Cap Parcel NY; County Tax will not start before the time,al- Main Road of proposed Lot#3 . Map Parcel ID No. •1000-85- INE LINDTVEIT.Variances to and for approval of insufficien lotted.Additional time for your the Zoning Ordinance, Article lot depth of proposed Lot#2,in 8:45 p.m. Appl. No. 3973— Presentation will be available,if ;V XXVIII, Section 100-239.4B this pending minor subdivision, JOHN AND ROSE MILAZZO. needed.For more information,. ;and 'Article XXIV, Section and for approval of access ac-. Variances to the Zoning Ordi- Please call 765-1809. 100-244B for proposed one- cording to New York Town Law, nance, Article XXIII, Section. Dated: November 9, 1990. ='`"story and second-story additions" Section 280A over a private 100-239.4.[a/k/a 100-239d(B)] THE SOUTHOLD TOWN OWN BY ORD T with two-foot over-hangs (can- fight-of-way.Zone Districts: B- and Article XXIV, Section tilevers): Portion of additions General Business and Agricul- 100-244B for permission to BOARD OF APPEALS '. will be less than 75 feet from tural-Conservation.Location of locate addition and reconstruc GERARD P. GOEHRINGER bulkhead along Corey Creek Property: North Side of Main;; tion of dwelling structure with - CHAIRMAN-. and will reduce both side yards. Road, Cutchogue, NY; County setbacks:(a)at less than the re- By Linda Kowalski to less than the minimum re-. Tax Map Parcel ID No. quired 75 feet from the bulk- .1X, 11/15/90(30). quired at 10 and 15 feet. The head, b at.less than the re- dwellingas exists has noncon- acres. 02-2-24.Total area: 19.596 ( ) quired minimum 35 ft.rear yard forming-side yards,and the lot acres. Y 8:05 p.m. Appl. No. 3977 at its closest point,and(c)at less area and width are also noncon- BETTY J. COPIN. Continued Phan the required 10 ft. and 15 -forming in this R-40 Zone Dis- from November 1, 1990. ft. minimum side yards, (d) at . trict.Location of Property:625 g;15 November p.m ber 1, No. 3788— less than the total side yards re- Windy Point Lane (Private SUN REFINING&MARKET- quired minimum of 25 feet. Road' #12), Southold, NY; ING. Variances to the Zoning Existing dwelling structure is County Tax Map Parcel nonconforming as to the nor- 1000-87-4-7., Ordinance, Article ss Section g 100-102:(1)for per to es- therly side yard, the rear yard, 7:40 p.m:�Appl. No. 3986- and the setback from the bulk- 13ARRY AND 13EVERLY tablish convenience store use in 9�d LEHR.Variance to the Zoning conjunction with and accessory heed.Lot area and width is non- ? " conforming Ordinance, Article III, Section to the existing gasoline station g in this R-40 Zone 100-30.2A fora approval of the. use on this substandard parcel District. Location of Property: PP 9 Island View Lane,Greenport, :.location of accessor buildin which contains less than 30,000: - Y g NY;.County Tax Map Parcel ID sq. located in an area other than the ft. in lot area; (2) for inter °��• pretation as to height limitation No. 1000-57-2-20_required rear yard and located 8:55 p.m.' Appl. No. 3955— within 75 feet of the bulkheadst aof n accessory(canopy)structure, d(3)for approval of canopy DOMINICK SBLENDIDO & along Goose Creek(a/k/a West an structure in the front yard loca- A.AURICCHIO.Interpretation Creek).Lot is nonconforming as requested regarding to lot area and width in this R-40 .! lion.Location of Property:Cor- re q g g second kit- Zone District.Location s Pro- ner of the Easterly Side of Fac- chen facilities and its relation to tory Avenue and Northerly Side single-family versus two-family . perty: 15 Sun Lane, Southold; of the Main Road, Mattituck, ; uses,and a variance for addition also referred to as Lots 1&2 on NY;County Tax Map Parcel ID with an insufficient frontyard .I the Subdivision map of"West setback. 185 Inlet Lane,Green- Creek Development"filed July No. 1000-14 Appl. P � port. Continued from Novem- 6, 1937 as County File No. 1236. 8:30 p.m. Appl. No: 3983— ber 1 1990. Count Tax Ma Parcel ID No. JANET MALONEY. Variance Y P 1000-76-1-1. to the Zoning Ordinance,Arti- , 9:15 p.m. Appl. No. 3975= ARTHUR G. CARLSON. 7:45 m. Appl. No. 3988— cle XXIII, Section 100-239.4B ' P PP Interpretation and Variance to ANTONIO VANGI.Variance to. for approval of deck within 75 I P feet of bulkhead along Hog the Zoning Ordinance, Article the Zoning Ordinance, Article III Section 100-30 (as disapm. XXIV,Section 100-244 and Ar- Neck Bay. Lot is i nthis R 40orm- j 'proved by the Building Inspec- ` ticle.XXIII, Section 100-239.4, ing as to lot area in this R 40 for for for ermission to construct Zone District.Location of Pro- ) permission to accept """per perty: 30 West Lake Drive and delivery of shellfish from local =-garage addition with a setback' waters to shuck the shellfish i of less than 100 feet from the 2505 Little Peconic Bay Lane, ,. p M T Co unty Tax a Southold, ounty I and to deliver or ship the scal- top of the bluff along the Long _ . . COUNTY OF SUFFOLK -ii:• ss. STATE OF NEW YORK Patricia Wood, being duly. sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, y' 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 . . . . . . . . . . . . . . . . . . . I//. . . . . . weeks successively, commencing on the day of . . . . . . ..� /.a. 19 y . /.S Sworn to before me this . . . . . . . . . . day of 19 �•4 ` . . . . . . . . . . . . . .� l�'. ,. . . . . . . . Notary Public -' BARBARA A. WHNEIM NOTARY PUBLIC,State.01&W Y44 No.4806846 Qualified in Suffolk Commission Expires d' 3i./9� s_7 NOTICE OF HEARINGS NOTh El .GIVEN+� Pit to Section 267 of the Town k Law find the Code of the Town of Southold,the,following hearinge�: will be held by the SOUTHOLD` TOWN BOARD OF APPEALS at a y Regular Meeting,at the Southold i Town Hall,Main Road,Southold,. NY .11971, on THURSDAY, . NOVEMBER 29, 1990 at the fol- lowing times: ; 7:30 p.m.App1. No. 3972`— PETROL STATION LTD. Hearing continued from November 1,1990. 735 p.m.'.Appf. No. 3985 — HERBERT AND CATHERINE LINDTVEIT�Variances to a 7�'Secr►- ing tkdurance,Art►c�e X}CVIII, - don 100-239.4B and Article XXIV Main Road Cutch ue,NY,Carat aide 08 y yards requited minimum of 25 t, Section 100-244B for proposed one- Tax Map Parcel ID No. 1000-102-2- feet. Existing dwelling structute.ia story and second-scary additions with 24.Thtal area:19.596 acres '``�Inonconfotming as to the northerly.: .. two-foot over-hangs(cantilevers) 8:05 p.m. Appl. No. 3977 T= side yard,the rear yard,and the set Portion of additions will be less than BETTY L COPIN.Continued from -' back from the.bulkhead. Lot area 75,feet from bulkhead along Coreytl November 1.1990.. .and width is nonconforming in this Greek and will reduce both side yards 8:15 p.m. Appl. No.3788— R-40 Zone District. Location of; to less than the minimum required at SUN REFINING&MARKETING. . Property: :9 Island View 10 and 15 feet.The dwelling as exists Variances to the Zoning'Ordinance, ,: Greenport,NY,County Tax.Map has nonconforming side yards,and Article X,Section 100-102:(I)-for ': Parcel IDNo.1000-57-2-20. the lot area and width are also non- • permission to establish convenience 8;55 P.m-Appl. No. 3955- conforming in this R-40 Zone Dis- store use in conjunction with and DOMINICK SBLENDIDO&A. trict. Location of Property: 625 accessory to the existing gasoline t°6; AURICCHIO. Interpretation Windy Point Lane(Private Road station use on this substandard par-" ` ::`:'requested regarding second kitchen : #12).Southold,NY;County Tax Map eel which contains less than 30,000 facilities and its relation to single- i Parcel 1000-874-7. sq.ft.in lot area;(2)for interpteta- family verses two-family uses,and a - .-7:40 p.m. Appl. No. 3986 lion as to height limitation of acres-- . variance for addition with an insttfi- BARRY AND BEVERLY LEHR.... sory(canopy)structure,and(3)for '.`cient frontyard setback. 185 Inlet Variance to the Zoning Ordinance, approval of canopy structure in the Lane,Greenport. Continued from Article III,Section 100-30.2A for front yard location. Location of November 1.1990. approval of the location of accessory Property:Corner of the Easterly 945 p.m. Appl. No. 3975 building located in an area other Side of Factory Avenue and ARTHUR : G. CARLSON than the required rear yard and Northerly Side of the Main Road, Interpretation and Variance to the located within 75 feet of the bulk- Mattituck,NY, County Tax Map -' Zoning Ordinance,Article III,Sec- head along Goose Creek(alk/a West Parcel ID No.1000-142-1-27. lion 100-30(as disapproved by the Creek).Lot is nonconforming as to 8:30 p.m.,Appl. No. 3983 — . Building Inspector)for permission la area and width in this R40 Zone .• JANET MALONEY.Variance to the to accept delivery of shellfish from District. Location of Property: 15 Zoning Ordinance,Article XXIH,. ;'':`local waters,to shuck the shellfish,, Sun Lane,Southold;also referred to Section 100-239.4B for approval of ,• and to deliver or ship the scallops as Las 1 &2 on the Subdivision deck within 75 feet of.bulkhead <;`. ;;and/or conches for wholesale distri- map of"West Creek Development'Sb along Hog Neck Bay. Lot is non bution.Scallops and conches to be ` filed July 6,1937 as County File No. conforming as'to la area'in this R delivered fgr.p-premises consump- 1236. County Tax Map Parcel ID -40 Zone District.Location of Prop don or sales Zone District:Agricul No 1000 76-1-1. etty:30 West Lake Drive and 2505 aural-Conse'ivatson(AC) l,ocat►on 7:45 p.m. Appl. No. 3988 = :.Little Peconic Bay Lane,Southold, ": ::of Property .157.5 Lower Road, ANTONIO VANGI.Variance to the NY;County Tax Map Parcel ID No Southold,NY;County Taa'Map Par Zoning Ordinance,ArticIe-XXIV, _._ 1000-90-1-25;Cedar Beach.Park ;`,ml No. 1000-69-5-13.2:Continued Section 100-244 and Article XXIII, Lot No.125.filed Map No.90. r"r5,= from November 1,1990. Section'100-239.4,for permission to 8:35 p.m. Appl. No. 3981 ;:.The Board-of Appeals will at sa►d construct garage addition with a set PHYLLIS RAYNE BYER.:Variance ~time and place hear any and all per back of less than 100 feet fro n the to the Zoning Ordinance,Article III ." )::soma or representatives desiring to be top of the bluff along the Long Section 100-30A(1),as disapproved, :heard m each of the above matters. .; Island Sound and with side yards at for approval of second dwelling "' Written comments may also be-sub- less than the required 15 feet and 20 apartment unit,as exists.Building as ;, r •;rm►tted prior-to the conclusion of the feet.The dwelling as exists is non- 'exists contains two dwelling units z subject hearing.Each.hearing w►lt'4'70 orming as to totalsideyards,and and retail store in this Limited Bus► not start before the time allotted the lot araa and-width are++�- ness(LB)Zone District.Lot is non .;Ad.ditional,time for your pre conforming"•in'this R-40 Zone.Dis- conforming as to lot area,width and - sentation will be available,if need trict Location of Property:645 Glen depth.Location of Property:Comer ed For more information,please call Court,Cutchogue,NY, Vista Bluff of South Side of Main Road and the T65.,1809 Map No 5060,Lot kl;County Tait East Side 'of 'Bay `Avenue Dated:.No, ember 9,1990 F Map Parcel IDNo.1000-83-1-7. _ Cutchogue,NY; County Tax map BY ORDER OF THE SOUTHOLD 55 p.m.Appl.No.3987 Parcel Ip No.1000-85-3-2.1' TOWN BOARD OF APPEALS ' S ASSOCIATES by Sanford Frie- 8:45 p.rm Appl. No.3973 GERARb P.GOELiRWGER ' .•matt. Variance to the Zoning Ordi- OHN•AND ROSE MILAZZO s CHAIRMAN nonce,Article X.Section.100-102I� --.',Varian to the.Zoning Ordinance, By Linda Kowalski (Bulk Schedule)for approval of in= Art►cle.XXIII,Section-100-239 4 6867 1TN15 sufficient frontage(lot width) (as (44,100-239d(B)} and Aruck exists) along the Main Road of pro-= '`-_XXIV.Sectioe.100-244B'for-per-'; Y posed Lot N3 iiid for approval of mission to locate addition and re iasufficientlot depth of proposed fro dwelling,structure ' .42, in this pending minor sub- z .with aetbacksi (a)'at less than tho divisian,.apd for approval of access :required 75 feet from the bulkhead} { according to New York`.. Law, (b)ar less tban the"requtted mmi ,. -Section 280A over a private righV— ti noun 35'ft Leaf yard at►ts`elosest _ way.Zone Districts B nt and (c)at less than the n ness avt4 AgrWtur4-OgtservatiotL r tp qutred.IQ ft andAS-.f{ t.''Int Locatton Norlh$ide of �. . nY ._..- :a►de.Yards.(d).at kaa:.than.ihe.ttxal. t _ 1 _... - ,_._ .. ..._. ._. .. .., _. .. _.�. 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 o f November 1990 Principal Clerk Sworn to core me this day of 19 COUNTY OF SUFFOLK DUV r PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING 360-5206 December 31, 1990 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to. the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Herbert & Catherine Lindveit 3985 S. H. Friemann & Others 3987 Very truly yours, Arthur H. Kunz Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb —VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L.I.,NEW YORK 11788 (516)360-5192 APPEALS BOARD MEMBERS '' fu` ran SCOTT L. HARRIS Gerard P. Goehringer, Chairman Supervisor '� •* Charles Grigonis, Jr. �° � '�� Town Hall, 53095 Main Road Serge Doyen, Jr. 'l �` P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD 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 Section100-102 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 , Thruway Boundary of Existing or Proposed County , State or Federally Owned Land Boundary of Existing or Proposed County , State or Federal Park or Other Recreation Area . Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines , or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is r e q u e s t i ng )permO)&) xi)amxbox approval insufficient , �rnntanp ant #3 and depth of Lot #2 and approval of access Copies of Town file and related documents enclosed for. your review. Dated : 12/1.9/§0 f - 734-6911 _ PINEWOOD 734-6912 ` Main Road Cutchogue, New York 11935 DEC 18 1990 PPG # 5g F7 s -r a C&-- f 7- rhA-i� 2� S Lo��(Z�TF cuo`LB 6 —1ca- &LIV S Zm r/A. 6 STARKIE BROTHERS CUSTOM LANDSCAPING I 721 MAIN STREET I� ' � FARMINGDALE, NEW YORK 11735 516-293-7148 NOV -71990 November 6, 1990 Zj 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 ( 1.000-102-02-24 ) : We , John and George Starkie, being adjacent property owners ( :1.750 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. Sincer 1 , 1 � Cohn Starkiie�e---- Ge g or etarkie PLANNING BOARD MEMBERS ^ SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman + V a,=:.- s�' ;; Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 i I Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 ROAD SPECIFICATIONS Town of Southold Pavement Width Number of Lots (1) Zone District * 12 Ft. 1 All R Zones * 16 Ft. 2-4 All R Zones * 16 Ft. 5 & Over R-200, R-400 + 20 Ft. 5 & Over R-120, AHD,. HID + 24 Ft. 5 & Over R-80,R-40,AHD,& HID 28 Ft. . All Industrial + * 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 by the Planning Board. (1) 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 x C'. PLANNING BOARD MEMBERS 2 rry ' SCOTT L. HARRIS Supervisor ,� •�.`,'f,•.. I ervisor Richard G.Ward,Chairman George Ritchie Latham,Jr. ` '� � 'y3 �' Town Hall, 53095 Main Road Bennett Orlowski,Jr. P.O. Box 1179 Mark S.McDonald Southold,New York 11971 Kenneth L. Edwards Telephone(516)765-1938 PLANNING BOARD OFFICE rax(516)765- 1823 TOWN OF SOUTHOLD IE 0 W l October 5, 1993 OCT - 5 1I Richard Cron Cron & Cron Main Road P.O. Box 953 Cutchogue, NY 11935 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 (2 lots in the General Business District and 1 lot in the Agricultural Conservation District) ; and 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 42, 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: f 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 ,MS 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 FOLI( NOV - 2 1990 ill I.1 a own a ;�3b95-Main Road P.O. Box 1179 'y0,( �► Southold, New York 11971 JUDITH T.TERRY FAX(516)765-1823 TOWN CLERK TELEPHONE(516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T: TERRY, .SO:U:THOLD TOWN CLERK DATED: NOVEMBER 2, 1990 RE: ZONING APPEAL NO. 3987 S. H. FRIEMANN S OTHERS (H S S ASSOCIATES) Transmitted herewith is Zoning Appeal No.3987 of S. H. Friemann S 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 617 L SCCR Appen State Environmental Quality Revir,w SHORT ENVIRONMENTAL ASSESS,IMENT FORBUT PART I— For UNLISTED ACTIONS Only PROJECT INFORMATION (TO he completed by Applicant or Project sponsor) 1. APPLICANT ISPONSOA 2. PROJECT NAM@ , 3. PROJECT LOCATION: A�S S /t�i1•�a titunleloallty Cc�TG ff p �f� _ •. PRECISE LCCATfCN(Street address ants road in ersechans,prominent IandmarKsunty Sri etc-or provide map) S. is PROPOSED ACTICN: ❑!(ew ❑Ezoanslon ' 6. OESCRIB "�i&aOdtfieatl°n/alteration E PROJECT BRIEFLY: /O 5i-=AjZeIg-T� "TiJdL,¢ 7. AMOU:1r CF LAND AFFEC Inifialty ��i � ,�+ �a - acres Uttlmately /f� 8. LVILL P CPCSED ACTIO:4 CC-MPLY WITH F�(1571NG ZONING OR OTHER acres Yea ❑No It No,describe briefly EXISTING LAND USE RESTRICTIONS? 3. WHAT IS PRESENT LAU0 USE IN VICINITY OF PROJECT? �JesCr s ; lcnital ❑industrial , �// t commercial L�1�Agriculturo ❑ParWForestlOpen space ❑Omer 1o. CCc-S AC.IC:I INVOLVE q PERMIT APPROVAL,OR FUNOIUG.NOLV OR ULTIh1AIELY FROM ANY OTHER STATE OR LCC:.Ll7 GOVERNMENTAL AGENT[FEDERAL,(d(rIo s _ EARL, ❑Yes � if yes,list agency(s)and permit/approvals 'I- CCES ANY`A/S�P.ECT CF THE ACTION HAVE A CUnRENTLY VALID PERMIT OR APPROVAL? ❑Yes LfiJ�!(o I!yes,list agency name and permlttaDProval 12. AS A HESULr F PFCpOSEO ACiIOtI WILL EXISTING PEAMIilAPPROVAL T(EOUIRE h10DIFICATION? ❑Y., Tits 1 CERTIFY THAT THE ItWORMArlott PROVIDED A80VE IS TRUE TO THE BEST OF MY KNOWLEDGE APphcanusponsor! name: Slgnaturw: c Data: �0/4/ O It the .action is in the Coastal Afea. and you are a State a enc Coastal Assessment Form before proceeding with this assessmentte the OVER 1 (Continued on reverse side) TheEnvironm.. of th'" form, ntal Qualityview w subm beiorc and an envlranmental r Review pet recuzrr.s any action is taken, ill ue n:aaa Ly t1,11z;li=n - u SF(OrzT `"1VTr0`-1F*1T� i::sT'tC�c-•-c::s: r pSSESS�IE`rT FnrDf that the to order to answer th preoarer will use a questions in thi-- it project and the likel e currently available inforrationAconcernincs yed additional studies Y impacts of the research or action. It is not expected that Other investigations will be' undertaken. nificant and an}' Question has been answered completed Environmental Yes the project Assessment Form isrnecessa b. siq- (c) If all wry. Project is not questions have been answered No it is likely that the -significant. (d) Environmental As. c•• ,s _�smPnt 1. will project to the pr result in p lsl' physical chance than 10 rarest site d? physically alter more acres of land? 2. Will there be . -Yes �p unusual a manor chance y nicuc or land fort on to an u the site: 3. Will project alter or 1Yes _ro an exi g body of ater: effect on ztla have a large effe w ' 4• Will Project have a Yes "ro groundwater quality?potentially large. on / S. Will _Yes V`10 project significantly ef_ect drainage flow on adjacent sit.... 6. Will pro affect _ Yesro j_ct a any threa Plant or animal species? tenedor endangered 7. Will Yes `ro air quality? result in a major adverse effect on 8, Will project have a ma' _,_Yes actor of the cor•nunity or effect an visual char- known to be important/ or scenic views or vistas �to the cc imunity? 9, Will __Yes )/No project adversely impact any site or struct- ure of historic, pre-historic, or palcontologxsal• importance or any site designated as 3 Critical envircnmencal area by 3 local agency? � � 10- Will Yes I�10 project have a major effect on existin % future recreational o ppoctunitles? g or 11, WillPprolvct result in o major traffic prablums or yes -lam"c systems? cxlzting transportation n / 12, Will —Yes I�NO Project noise, regularly cause objectionable ad glare, vibration, or elect ors, - ancc as 3 result of the r cal disturb- a project-s operation'? !� Yes 13, Will project have a or sate..? any impact on public health 14• Will project directl af:ect the exi--tinq cor,.munity b tion o ./ causinq a growth in permanent op y t more than 5 percent Overp uls- period °r haves s ma a one-ye' character of for negative cifect an the 'Yes 'ra the con.--unity or neighborhood? 15. rs there publi controver--y concerning the pro?^_ct? Pre aare='s Signatur �/ Yes to RCDrQ'entin4° ' ^ Z`A v/75 Date. S® 4® QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED I,MTII YOUR APPLICATION,: `7021IS .TO ..TIIE 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? Yes No" 2.a)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 b)Are there any areas open to a waterway without bulkhead? Yesl� 3. Are there 1xiing structures at or below ground level, such as patios, foundations, etc? Yes l�) 4. Are there any existing or proposed fences, cx)ncrete barriers, decks, etc? Yes1V.o 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 6. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total:- . . . . " " " ' ft. Yes \ 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Yes No 8. Are there any building permits pending on this parcel (or abutting land under your ownership, if any) ? Yes No State Permit # and Nature: 9 . Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc. ) : • Planning Board s�i�� 1�s i 6V_ I,e' 190 _Yes No Town Board No Town Trustees Yes No County Health Department Yes No Village of Greenport Yes No N.Y.S.D.E.C. Yes No Other Yes No 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Yes QNo 11. Is' new construction proposed in the area of contours at 5 feet or less as exists? Yes No 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-F/,gy(or_ Please submit photographs for the record. I certify t t the above statements are true and are being submitted for reliance bW the Board f Appeals in considering my application. Sign,ftture (PProp ty Owner) (Authorized Agent) 1/88 i" i WETLANDS [Amended 8-2G-7(; by L.L. No. 2-1976; 3-26- - 85 by L.L.No.6-19851: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently rov- ered with,or which border on,tidal waters,or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks. , bogs, salt marsh, swamps, meadow"• flats or other low lying lands subject to tidal action: (2) All banks, bogs, meadows, flats and tidal marsh • subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel. marshmalluw and low march cordgrass;and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESIIWATER WETLANDS: (1) "Freshwater wetlands"as defined in Article 24,Ti- tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive. ( of the Environmental Conservation Law of the State of New York:and (2) All land immediately adjacent to a"freshwater wet- :' land,"as defined in Subsection B(1)and lying with- in seventy-five(75) feet landward of the most land- ward edge of a"freshwater wetland." � '•r Ilondnd N.Y.B.rX, Form 8007—IOM• Dupl"and Sale D,,I,wish Covet)ant„against Grantors Acts—Itidlviduai'orlCorpo rat igt �r 93`6& CONSULT.YOUR LAWYEI ORE SIGNING, THIS INSTRUMONT THIS INS' ENT SHOULD BE,USED BY LAWYERS ONLY Uf3�i; ,+ J840PAGE4� r 1 - , i �; n, THIS INDENTURE,made the 17 th day of June; ,nineteen hundred andeighty, BETWEEN WILLIAM B. STERLING, ' residing at " (no ��) Harbor .Lane, . Cutchogue, ' New York ' , . . zk j party of the first part,and Sanford H. Friemann, residing at -(no .#) 'Pinewood Road, Cutchogue, New York and Henry F. Rienecker', residing at (no ,'#) 'East- ' wood Road, Cutchogue, New York, as tenants in' common, 'each as to an undivided 1/2 interest. 948 . 64--44 REaL. E'ST+A,TE i A0 party of the second part, JU N Z 0 WITNESSETH,that the party of the first part,in consideration of '�J(�Aj�j(SMIR TM , .lub --------TEN--------------------------- . y.UiF,PO,LK= dollars, �j lawful money of the United States, paid G's:i i.` 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, ALL that certain plot, piece or parcel of land, with the,buildings and improvements;thereon'erected, situate, lying and bein XK at Cutchogue, ;Town .oft' Southold,, County:' of Suffolk. and e - - y g g ,. g � ,, r �. : i. .State of New 'York, bounded and ':.describe& as� :'follows: !, I�a. BEGINNING at a point - in" the northwesterlyside of ;Main Road ,and the -- southwesterly corner of land, of. S & E Realty Company; _ , GLC;("K' '� RUNNING' THENCE South 51° 28. ' . 10" West along the northwesterly side of k Main .Road 132 .0 feet; I .THENCE along !land;;of - Scott Ii j 'North 43' 17 ' ::50',' West 1 '32'0.0 feet ,' i'' "North 514 ;28 ' i' 10.11 Easi•, 1�2;:0 feet, � �I LOT (3.) North 43° 17"" ':50'.' West, 556 .0 feet tot land, of Paul,-Orlowski'; THENCE North_ 47° ' 11' 10". East "along land` of. 'Paul br'lowskil',544.42 �� cL .,' feet; 7/ THENCE South 43° 38 ' 30" East 'along land,.of ;Imbriano 1,240.19' feet' to land of New York Telephone''Company; !i THENCE along land;,of. New York' 'Telephone" Co: '-'and land of'. S!� &-E Realty Company South 47° 06 ' ,,20" West ;551'.90. feet;!;,:. , . 0 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 . O place of BEGINNING. Tr .,.,,,TOGETHER -with a • right of way" 11 'feet in� width- over'' land of-G--- T.. Billard Estate and partly along other land of Sterlingil'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 froui .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 continuing further northwesterlyt at 'a width o,+f' 11 feet' a distance ' of, 556, 0 feet: + SUBJECT TO rights of way 'of others- irl"22 foot-right`"of sway' as shown. j' ; : ' on survey of Van Tu 1 & Son dated July 6 , 1971. �• OFEO WIER8U40 41 is PAGE410 SUBJECT TO a , first 'mortgage in theloriginal principal;''amount of $ 1501000..00 and with a present principal 'balance'.of which the, purchasers herewith agree to assume and' payij rj + •I ' i I r e j 1 ', : , t ` �I i I ��' 'i � 1 I, II `' '" 1 � I; +i 1 '�� I II •C: 1 I,, ' C I r ' • � i, � I � i i.� ! � � � ,i I{I,' i �JI'I �i� 1� r .II � ! �' 01111884(�PAGE4�V'll .I 1 ! I 1 ,.Il•; ,,. , ��; i;I , III ,i I I' lil •I h: , TOGETHER with: right, title and interest, if any, 'of the party lof the first pact in and.to"'any streets 'and G .y,,i,l roads abutting the above described premises to:tlie center lines thereof; '. T...6GETHER with the appurtenances and all the estate and rights of i the party of the first.part tin and to, 1'said premises, it ! ! '' i, i� I'il i;' •', ''' i', ' TO HAVE AND 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. . � , it ' .I '; AIL. ,' � +' I •�, II'i d. ! ,.. .I; ..I ,I,III.�; �. ,, II• , -' L• ,. j; II, 1 'I . . i -- ,_. - i.. i . . � ,I ,I I r lip ., . I, il•Ili, � I' J �' � a; .rt i i'• I� � ! ail f1' I i „ � 11;,;. 'l''i, �. ,o',a �.+.�''�7":�1''♦r.' �'.t'•p'C��I(•'l rZ3'' 1'i11i•'1. .j"i I ' I. 'I I ! II�. •' ' ' +ry. _.'�I��'y�C,"-t:�;•'r. : '!J.o•�cy'i;� I !I I II I.�I� ,-I i��!I:LC� �}'lll�;ty 'e'{!'�,'; i� It ,•'I '- � � I ,I� ..LI II':•I .Lll,,ld. •' '.I�• .:Ike.�'1� ,!" •- ' ' 1 �' � fl ii••I. 11 i, I � '� ' � 1 ! � li �II i i� .! i I! ' � I I!' it ,1 ' . ,• ._ i, ,I, I..... I ! !�1 '! I � I � Il I ' �I 'i ;I .I 'i 'Ili . I , tl, , .�I.i.,11 , .I ,. i •I� 1 � '' '' I,I � ill I LIB'' .I 1,•1, ' .�' I 1 ' {'.I ' � ') I III I I I I! ' I' � 'il 'll II II lil4 ! III,li�� I•Ii,I I'1 r, i 1. i. ' j I � ! i�l� itI II � it I � ,I I,i '•' '�, ! r ` ii +,, I ,I I i .i �. �'II I j ;I �. I�.it:i;� ii I I � , .' '' �I;i.;, I:(•,•i , �, I: ,I� ,II;I .i, i, I I,' ' i I I i' , ' Ij:;'li•l i ii � ' I!1 Y Ifl,' •' { I I�� .'I ' I � i- i !' � i; 'I ,I I i II I Ii, 'll'il' ' ;I �., �; i � � I l.l..,- -� r• i I � 'li i' ' I'" � I ., I � 'irl IIII •,I� i';' I 'I I I,ii. I � ' II' 111 'I l it I II '' 1 1 ,• �, .: � I ' j dl,i j .I: � f I' •i. II �I I : I •.I I I Il III � I' 4i1 1!li i I, + I ' II i� 1 •I' '� III i I Ii I.II'I I! Ii I'ii 11 ,,'�i i ill li L ICI I ��I 'III"I � ,iI fi ,II'I'I 'I ' I'? � II!'I{� , �j " II , I AND the party of the first part''.,(yenants'that the'pnrty f'the firsE art'has not do 'e�or'suffered'anything' whereb the-said r ! ! ev !I LI s y., p emises have been incumbered in atiylwa 'whatever; excet;as;aforesaid.,: • 1!, III '�I 'tl 'r.{•I I ', I,: ;9,,1' �l'' _ I , j 'AND,the`party of the first part, fi compliance with Section 13 !of tlieiLien'!Law,'cod Inants tliat'Ithe{! a •� of,` •II :. .. , . the first'part,will receive the consideration 1 for:! this colllveya ice and will hold the right'to receive';such considi- III I ', I III' eration as a trust fund to be applied first for the purpose;ofaying;the lost of the improvement.and,will apply I :� � I. III:;''II .'I '' .1 - • ,I I' •.•,�,! '.,;' the'same first to the payment of)the cost of themprovemesi before;using)any part`of!the total'of'the•same for' I - � it i' anyI other purpose. I I;!I, !' I, III ! ,i.:! r 11' 'I.• 3r{,�' 11 i;? j i 't'-�� ; i' '..;,II'i'';I I�� ;. ! �' ;i� � �I�l�it�;I; 'i� :':�'I �;;1I' ;I I' ..�� 'I �I��:. !I I,��: `., ',; �!;iI"};1:::.:• i°:;.,;�^,•I.. ',��'f t I The word .;'.'party" shall be construed as if it read "pa'rties",whenever the sense of thi indenture,so requires. ! � � ,,,. WITNESS WHEREOF IN WITN i ,. • ; IIII I,I�. ;.'i„�, 'i !; • ,;,,'; �, , �.' ;., the party of the first pat has duly executed this'deed the day and first above � .F �_ ._ ij �II II r i.i I li '' I:I '-f "i`ili� written: " !'', ij I r ' I'•• II � I ,I','.I' :II. •I ,�,I' I i1111 III I'' I k�' .'. ' !1 i' .. li'. - � ;r I .;,-, " IN PRESENCE OF: ! I ,'r it I' .I ; •I ,r�„�f � 1.• 1i� II' � rt i1�� ''. 'I 'l..I �t �'!•i 1;'.. j la 1 . AS TO ASSUMPTION OF BALANCE OF 'FIRST MORTGAGE IN. THE IAMOUNT Wl1'iam,�B'. ,5tle'rl'irig' '{ OF $' 1 l Ss ,I&EP-o: dD .... r. ' ''�' ,' ;;: IV +: WHICH` AGREE: TO SSUME 'ANDI' PAY.! SanfoMann It i 'll.'I' I `JI''D'Ir'r 'i /rf� '/Lv 'I •I I I' � I I ' �I ! :I'II I 'i I �I� I , e F. Rienec er i • I �I. �"11., � .. .. � ,' I I I? i' �li III I I. ;I �I,li •I _ I I 17r I I 1 ' �• I � � 'I I I I I it ,I I ' ' iP l�;I i i�1 11 L•I, I:' i1, tl, ! f! I I 1 I II', .. i ., 8 40 STAT9 OF NEW YORK, �1(� COUNTY OF Su, lk SS: STATE OF NEW YORK LINTY OF 'SuffOlk On the 17 th day of June 198 0 , before me On the !l7 th daylof June' I j•, 1980 , before me personally came William B. Sterling of so ally came pS�.nTord H. Friemann and r,`.: ., " ;' • i Ebdry F.: RienE!cke`r,,- 1 to me known to be'the'individual '•described'in•and"who' tome known to be the individuals described in and who executed the foregoing,instrumeht, and. acknowledged that executed the foregoing instrument, and acknowledged,that he executed jhe.same.- W they executed the; Notary'. PublZe Notary Public 11 ;I _ .,',.�ai,�„ ., �,:'•' .� ' �' ' .'.r, •�.,•' '„ 1 , . '' `'J1A:SGNAEItKER, _•1�07ARY.P-(JBLI C,.State- New•Yo& pAMA M. SCHA6�1'tR I No,l 52-4.5748�1 . NOTARY PUBLIC, State of New York I Quolifled in Suffolk County (t,,_t No, 52-451451 1 trrn E,fPlres March 30'. r Qualified in Suffolk County / Term Expires March 30, 19... STATE.OF NEW YORK, COUNTY OF SS: STATE OF NEW YORK, COUNTY,OP 55:: 'On the day of 19 , before me On the I' day,of i' 1.9 1, before me personally came I personally came I I' to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing-instrument, with say that he resides at'No: whom I am personally acquainted., who, being by me duly sworn, did depose;aiId say that he resides at No., that he is the i of ;i I it that; he,lalowsl the corporation described i in and which executed?the'foregoing;instrument; that " he to be'the individual knows the seal of said corporation; that the seal affixed described in and jwho executed the 'foregoing' instrument; to said instrbmi nt::is'such 'corporate seal; that''it was so 'that : he,• said subscribing witness;"was present and saw affixed by order of the board of directors of said corpora- ! execute the same; and that he, said witness, tion, and that;!. ,he signed h name thereto by like,order. at:the salve time, subscribed h' ;name- as witness thereto. i I , I I i •I I it I' I i I, ' argatrt aub flair Bred i I it WITH COVENANT'AGAINST GRANTOR'S'ACTS III 11'SECTION TITLE NO. IILQCK L01r; WILLIAM B. : STERLING; P ! i TO I II I',COC NTY OR; OWN i II i f SA.NFOU' F.' FRIEMANN and �I i i Recorded at'Request of HENRY H. RIENECKER ' I ' i �, STANDARD FORM OF NEW CORK BOARD OF TITLE UNDEJlWRITEAS Return by Mail to Recorded By: i Richard Cron,' Esq'. 11.116WIFE TITLE INSURANCE Main Road Company of New York I 11935 127 W. Main street Cutehogue, Nly' Y. Riverhead,•N.Y.11901 ec- Return to:,to:, i Zip No. 2 M ,t,- ed w .'F2d 'i• ti;• I LL LU 0 LU d LU LA �(I0 nl FORM NO. 4' I I TOWN OF,SOUTHOLD ! BUILDING I I)L'PARTMENT Office of the Building Inspector Town Mall Southold, ' N.Y. CERTIFICATE OF, OCCUPANCY No Z17946 Date APRIL 14, 1989 THIS ,CERTIFIES that 'the building ' ADDITION i Location of Property 31095 MAIN ROADI CUTCHOGUE I, House No. ',Street, I� I; Hamlet County Tax Map No. 1000 Section 102 Block 02 Lot 24 Subdivision Filed Map ,Noi, Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated OCT. 7, 1988 , pursuant to which Building Permit No: 1753OZ dated OCT. 14, 1988 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy' f;or which this certificate is issued is ADDITION TO COMMERCIAL BUILDING:. The certificate is issued to H. RIENEC.KER/SI. FRIEMAPN (H. & S. ASSOC. ) (owner,, ),, I I � I of. the aforesaid building. SUFFOLK COUNTY DEPARTMEN� , OF HEALTH APPROVAL N/A I II UNDERWRITERS CERTIFICATE;NO. N058894 iFEBJ15r 198� PLUMBERS CERTIFICATION DATED ;' j N/A I I Building Inspector i Rev. 1/81 y SEE SEC.N.096� tte[Nfo SEE SEC.NO.099 SEE SEC.NO.099 LINE ll SEE SEC. Oao -'p•_- YA1CH ��—� -----�--- MATCH .LINE f FOR VANCEL N0. "y ` ' SEC SEC.NO 096-GO-0ILx p{ 29'• 1 a0.0Ale� xa le.G.e•Icl .e.rA ID1 M1 M1 F 21.1 . •� M1 `M1� O 3I.4 '•y, '4 1 l • 16 p —�— y $e IesAlcl y,�t°o 5 •,y °� p mOAACI s •Po r la O M1 a p 4o ry3y ti�° ° la exy\ ,• ry r S 4DA A b ,< .•Id 23.2 :vp'„ M1 �Rr 8 COUNTY of 9Uif OL2 W..Alel °°0� . ��;y I' ? 'Y O DE VELDVYE Ni RIGHTS ta 10.1 c� ° F' ��• S, p ae.e Ale) e •• , i .yQ•. ede•.'PO •i"�• 1.Wo1 ��e♦ y +y` 14 < ,O:� �1N0 �y 1l.I ♦• ©°r�Ft Ian • �` • •• a l.IA ,yy ••? <�b°•• •. ` ''CJ .S �,44 •e~J.�Nam$ 4`�9 .•• 10 24 .4 l�Ep.y. o; M1• iiy h . �1 M1 4 • WN FANCEL N0. SON nA9CEL NO. y.° R' �• a Gf '•i SEE SEC.NO 19 r.. 9EE SEC.N0.109-q-02..1 • --- _- p q-UI! --�--.— ---LIME M1 p y NATCH Z —YnTCN �------- -------- •d SEE SEC.H0.IO9 °�°"U.° TpxNOfSOUTHOLD uttA21NO. KEY MAP © COUNTY OF SUFFOLK.ry.c...2—...•LoN....• CT....wry LV+lw ------� IVIsn.D Legend eglie.nd_�.r_—_ A.1°..q•wNl1 LLlwl._—O..N9..--__ Lbs,A.M•i..�DNmi.iw...•L•°i.•wI w N.. ">trl j . — _ ReOl PfoRPI ert, Tax I,Service ircoel L A nc r rIT2cCI MD 100� 102 O2 Llw --.F.—. 114 l cONlr — w- ► L eI..L N.. er• ••IN•D .l �+rr—.-.- ..—... Iowa me ! .. o • • esilk!ki owl IRKW M s •- ...... .... ► FPO J 11811I •• q � . ovo ^rnoxv —� ---- - , m 19 p n " ACCOUNT--_ — ' — ~ ^ ~ . ^"~" TOTAL cxw" TOTAL "c, m c ,nc wvnvcv '---- 13 -102 P__ ._.__ ^, ~,`"^, `°`.^," 25;7650 1988-T0rx1:---- -- 331.400 1989 mr^L 'STATE OF NEW PORK R E A L P R 0 P E R C Y S Y S T E M COUNTY - SUFFOLK C R 0 S S R E F E R E N C E L I S T I N G � TOWN OF SOUTHOLD REPORT N0. RP5350P1 PG 217 -' TOWN - SOUTHO PARCEL IDENTIFICATION SEQUENCE --- CURRENT DATE - 12/08/89 swisRPS350/V02/L002 Y [K _ _ _ 1988 _ _PARCEI I R DG N A 1989 - - _ RES PRP R H ACCOUNT !� -- D M E LAND TOTAL LAND TOTAL PCT [LS SS C-NUMBER ♦ 07.-5=c=7 [YD N M s REALTY IN[ ,500 21�400 1.500-----2f;9Otl---452^1--------- ----- 97.-5-5 C SY DOROSKI THEODORE E & W 800 4,700 8 13 ---- 3=6-- C TR IMBRIANO'ANTHONY'&YF �"- _"�- --'-- ,•-• ------ D0 4,700 210 1 13 8,700 1$,40D -- ♦ 97,-5-7 C UK DOROSKI NELLIE L 700 3,900 700 3,900_210 1_ 13 r 07,=5=8 C VD M0STUPANICK_GEORGE& 4--� (jp 6.300 1,30d 6.300 b32 1 97.-S-9 C VW MOTT EUGENE J 8 WF 800 4,500 800 4,500 484 1 13 - 07.-5-10 C PZ K W Y ASSOCIATES $00 3:500 -gp0'-----3.500 4-84 i ---13_ 97.-5-11� C OS NEW PORK TELEPHONE CO 3,000 173,400 3,000 143:300 836 1 13 -OTS=T C RL S`8"E"REAL'TY CO 8;300 85,300 -`28;3D0- 86.300�452 1` T'T--- -13 97.-S-17 C SE FOGARTY 97,-6-1.2 JAMES R 8 WF 700 3,800 700 3,800 210 1 13 07;-6-1:1 C�CM-9ROWE-R-HOYARD R JR --&- 2,7Qp C SI SLADE MICHAEL S 8 CORI 2,800 9,600 2,800 9,600 210 1 13 - 6-2 7-ALCEN HAYDEN f-�WF----1:SOD-�;4-Op- p0--21400230 1--- 13 97,-6-3 C SC PRILUCIK JOSEPH 0 & WF 1,500 4,400 1,500 4,400 210 1 i3 -��- C' SV"CUTCHOGUE-NEW SUFFOLK'- - 13 1:500___.�...-1 50d-""'-•.-_.-1,500---_...T.1',500 --695.8 - - --- 13 ._ .-... _. 97,-6-5 C TO BAKOWSK_I JOSEPHINE T 1,100 5,900 1,100 5,90D_ 210 1 17.-6-6 t UH AUSTIN ECBERT V-&-YF TOD -3,900- 100--5`,900 -210 1-----'--- 13 97,-6-7 C VA TUTHILL W PRESTON & WF 3,100 8,800 3,100 8,800 210 1 13 07,-6-8 - [-VT�ECFAN6-FEL�X-8 WF -3:200 f0,-300 -3�2p0 10;300---21D1 -- `- ---.-13 v7.-6-9 C WM YEISER NATALIE L 1,000 1,000 1,000 1,000 311 1 13 T0 t oP'KRAMER-ROBERT-J2;70 10;000 '-311 1 --- -13 97,-6-11 C RI RAOS JOHM 900 5,600 900 5,60D 210 1 13' -- 97,-6-12 Z -TT BYROM CAGREN[E IR-8 NA 1�700 -9,-300 -1:7D0- --9;SOU--2T0 'T--------1; 97,-6-12.3 C UP FORTE WILLIAM_ & WF 11100 1,100 1,100 1,1D0 311 1 97,-6-12.4 C VC BTRON MAfY-P& i:100---�TOp 1;100 T;100--31T-'T----'---13- 97,-6-13 C SU MEINEN GRACE 800 4,500 800 4,500 210 1 13_ �T3-TC C TN STERLING PETER C 8 I & "'f;700_"`"-•'- 0l500 1.700 -9,SD0 210 1 '-- --` - 97,-6-15 C UG COSIER WILLIAM F III & 2,300 18,000 2,300 18,000 471 1 13 Y7•-6=16- C Z-SAHO-SUDHIR P -f;60p --�;8Op---1:606 6:800-21p-1 -----13- 07,-6-17 C VS DALCHET CORPORATION 600 SOD 800 800 311 1 13 77•-7-2 C RG RASMUSSEN CHRISIAN-8 3.600 3.6D0----3-60b---- C RZ ROMANO FRANCIS & WF 1,100 6,000 1,100 6,000 210 1_ C SG RYAN ANORUS 3LL EVECYN -"'-1�fjJp '7„506 1 TOD 13 97, 7-4 C TL HILLMAN RUSSELL & WF 1,100 13 07.-7-5-- 8,100 1,100 81100 210 1 97,-7-6 13 C NCST� �R-ItHAR'6-8-- 1:200--'S;700- T:200---6:10p-2TQ-1----- -- -_ C UX ANGUS RI CHARD & 4F 1,p00 11000 1,00p 1,p00 311 1 13 tT,-7-7 C-V-O--C'AATffECCN-AN-CY`TO 13 97,.7_d ,600--6;�800 T:600 ----6�800----21p-T-------- -13-- - =0 C WJ LEVIEN CHARLES & ANO 1,600 8,700_ 1,600 8,700 210 1 C _CEVIEiT aCICE-_G_ ��_m _�_ i.SOD____ 2.600__- `".-1:SpU-_ ----13 11 C RF LEVIEN CHARLES S 77,-7-1T 1,500 1,500 1,600 7,800 210 1 13 01,-7-12 CRY GROBLETISKI KARL 8 MIF 7D0--g�00p -7pp --$DODO 210 1- C SR KRONENBERG HERBERT & W 600 600 13 600 600 311 1 13 C-7K DOROSKI-VECT-ER-M-&-GF 7pD -4.900 700----5I8p0- -Z1p--f-------'13 -- ---- �:=T-'1 C UD DOROSKI VERA D 600 600 600 600 311 1 13 71•,7-16 C UY MARTIN MATTHEYJ&_WF 700-'-'"-""--6,000---- - 700'- -6.D00 -2f6 1 F "13- C VP STEYART GAIL 700 5,100 700 51100 210 1 13 17 C G I-R I CHAR ti S-F R-E 6ERTCK-,f-&--- '+►. 19.; 70 p----G_7 0 p-----700'----4-�700 `2T0--1_.------13-----.-_ �•-7=20.1 '--- -------C AI MCNULTY EDNA V 700 700 700 700 311 1 13 t-ST-PHTCCIPS-ANN-A q00---8DO 5_90D--210- T--- -y3 ----- - -77-�Z C SO OBENAUER PNILIP H & 700 6,000 700 6,000 210 1 1; -T7-o€NC E A'EtiA Op-- PAGE--f0 T-KCS - 5T-P iCR� 525,600 1989 TOTAL STATE_b V N E_W___*OR-FOLK -- A I A , p t I . !, COUNTY - SUFFOLK C R 0 S S R E F E R E N C E L I S T 1 4 G RPS35TMU_e PARCEL IDENTIfTCATION SEQUENCE a-.!- -TOWN---OF -SOUTHOLD swis 473889 - - - 1988 1989 - - - RES PRP R H ACCOUNT Y CK AND TOTAL LAND PARCEL ID R DG c UP J UNGE ARTHUR V -9 6_.___I-19.1 800 311 1 13 96--l-20.1 C OS SCHOENSTEIN JOSEPH 800 800 800 14 0 q-__4 0-0-400 V 6.=2 1 13 C 00 CHITUK ANTONE WF 1,600 5,300 1,600 5,300 210 1 4 96.-2-2 t M ft-A C-CORP-4,�0 6-f?0-2-0-6-4-,g 0 017-f 2 0-0 -4 4 0-1 13 -m-2-3 -05,800 5,800 5,900 5,800 -A 3 -96 120 1 36 96'-2-5 C QT DIMARCO SILVIO PAULI & 400-2_,_3 -96*-2-6 _Wm_TlA Y DO-"E L t:E* 91800 9,600 9,800 120 1 36 C SF JOHN KRUPSKI BROS IN 9,600 ---- 311 8 ------ 13 96 -2-7 _0 1 3oo__'_I 1_300___ l_,306____ 1*300 13 C TR BORAWA MINNIE 600 4,900 600 4,900 210 1 96--2-9 2 10 C NU PIETREWICZ ALBIN 2,300 2,300 2,300 2,300 120 1 36 9 6.-2 C ON GOERLER RONALD B 9 WF 1006-1-0-00T_5--oogjo,000_l20lI_______3S -96---3;;2 5 1 120 1 13 C QT BOLENIUS WILLIAM C 11800 91000 1,800 91000 3 6 96 -3-3.1 11-00-----1 126 1 ' . W. 36 6 3- 1 2,700 2,700 2,700 2,700 120 1 GOERLER RONALD B & WF -311-1-----36 6.-3-5 C RJ go---------gOU-S-ag--8Dg` _9 SY--GLOVER-- JR 1,800 129 1 36 9 6.-;3�6- 11800 1,800 11800 -_129 I----__36___ 96.-3-6-3 C UQ GLOVER LEANDER JR -96-z3am.6-4- 4,600 120 ------- 36 96.-3-7-1 C TR GLOVER LEANDER B JR 3,600 4,600 3,600 96.-�:3m.7.2 13 C 96.-3-8 TO HANSEN EDWARD J JR & S 1,100 4,600, 11100 4,600 210 1 9--j-U-RTS�K f_E- 13 9-6. 600 4,100 600 4,100 210 1 13 96.-4-3 C ON MATWIECZYK JOHN S & WF 3_____ Y_flCTG_A_J0SrY_NA_&7_____l 20O '200 10,700 120 1 13 9 C.-2- ',700 10,700 4,700 96.-4-4.3 C TU BIDWELL ROBERT E 4 __j:500 5 0 b.000 210 1 -1 3� 96-.-4-;5 13 C SS ZUHOSKI JOSEPH 1,800 6,300 1.800 6,300 210 1 3 96.-4-6 41200 0 CF-9- 4 8 4 1 -A__P_0CLAK HEfNky_A__ 12 4 7,500 210 1 13 9 6-.mz._4:-8 & SOPH 1,400 7,500 1,400 3 96.-5-1.1 C ON CYBULSKI ANDREW Z'4-0 8 a 0-1-2-1-Wo 9-1-2 0-1 13 r(I jFj-"goC-SKT-T HO MKS-"-A 800 2,200 7,500 425 1 9 -5-2 C AK BUGDIN VICTORIA E AN 2,200 7,500 - __8gg---2-Ig--l-----____I 3 6. NE_ 6 0_6-31_axro 600 31 13 1 ---lktqt 9 6_5-C.-_ C " G!foT'OtK' 4,700 600 51100 210 1 96.-5-5 C Sp MCCAFFERY VIRGINIA E 600 8 60--G_7 CFO-----�jo 1 13 9 K.-�-5 C Y�jffMY_Tff_EVA_M8oT-�r-,?og-800 3,700 210 1 13 96.-5-7 C US MARTKA WALTER S 800 3,790 1 13-- -96.--5-8 1-800-1-,80D 13 96.-5-9 C VN KAELIN MARY 800 4,500 800 4,500 210 1 13 - 0 - ---_7_1_40Q____._._I 500 7"40 0 210 1 96.-�5-wl 0________'_ __C_Pdf0AC_6W_SKl"PAU L"4 11500 500 00 1,,Iol) 5,200 210 1 13 t 96.-5-11 C DJ ISAACS CLIFTON B ifloo 5,2 13 C Ry-S-KEWE-o'-H-EART-C-EMETERY---6-100 13 5-z I 2-.Tf-- 56,500 620 8 96.-5-12.2 R LADY OF OSTRABRAMA 4,500 56,500 4,500 C SU OUR -7_2 0 0-1 2 a g-1-9�,I GG-_12 0'-1- I O-O`ANKU6OFN_A9D_D'_&_WP_ o 13 C PA LEWIS BURT G JR 2oOOO 7P800 2,000 7P800 483 1 97.-1-3 ----2-l'7 0 0- 0 0 7 0 0,----2 10 1- 13 . 1 4 9 7'7L 1 500- 11800 210 1 13 C QM DIXON JAMES ESTATE OF 500 1,800 500 0-4�8 -_13___ 1 97.-1-5 -------- 0090o---6_," 1,800 1,800 1,800 311 1 13 97.-1-7 C RY HALIKIAS ROBERT 0 & WF 11800 4�"300-- 210- 1 13 1 _97:,1-9-----C--ri(-V-rTR-T-OL:-BARRY-"F---90(y 0 6,600 129 1 13 C PY RESSLER HAROLD K & AND 6,600 6,600 6.60 97.-l-11.2 1.-4 fRIS1S - -I-qgS-TO'TAL P7AlfCECS__UA_CTTVST 35-6-log _P�AG_E-- -----TO 357,700 1989 TOTAL c. r. Southold Town Board. of eals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS va GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN,JR. V` JOSEPH H.SAWICKI ");:James Dinizio, Jr. ;rF`'; 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 11B-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 i lk Southold Town Board of Appeals -6- January 27 , 1977 THE CHAIRMAN: A lot of these things are deba_taU1_e. (The Ch discussed terms such as ome occupation" p and "marina" . ) You can't categorize things easily. as they do in a zoning ordinance. Otherwise, u wou eed a Board of Appeals . On motion by Mr. Gil ispie, seconded by Mr. Grigo it was RESOLVED that is hearing be ADJOURNED until 7 :30 P .M. on February 17 , 1 7 . . .Vote of he 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 . 1& E. Realty; Mr. John Scott. THE CHAIRMAN: 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: Is there any reason why it would have to be on the east side? 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 ---7'; , January 27 , 1977 to the greenhouse. We don 't have the area for a round display there. ti. THE CHAIRMAN: I believe your family home is;`on the right- of-way, you own the right-of-way and Hills has part? PETER STERLING: Right. THE CHAIRMAN: Back here is the original res 'dence. Anyone else have anything to add? It' s in the "B-1" zone (There was no response. ) • = 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 additi6n with insuffi- cient side-yard setback, Main Road, Cutchogue, Nei4. York. The findings of the Board are that the applicant will still have more than sufficient side-yard area for the "B-1" zone ;` The Board finds that strict application of the Ordinance l would produce practical difficulties or unnecessary hardship; l the hardship created is unique and would not be stared by all properties alike in the immediate vicinity of thi. property and in the same use district; and the variance will n t change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr., Gillispie, seconded by Mr. Aulse, 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: Gill ispie, . Hulse , Grigonis. 8 : 05 P.M. (E.S.T. eview of Henr Scherz application for a variance to divide prope with ' sufficient a ea, Pinetree Road, Cutchogue, New York. THE CHAIRMAN: At the ast meets of the Board of Appeals on December 22 , we hel�'he hearing on ry C. Scherz, 37 Lotus Lane, Westbury, New rk and, after some h itation, we decided to hold the hearin even though Mr. Scherz ha asked us to ' i r BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That � the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request Varianc (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subjec of the Petition is located adjacent to your property and is des- cribed as follows: 3 16) ; r4 f .O 3. That the property which is the subject of such Petition} i located in the following zoning district: CB — 13 u s;Al f_s-s ,A-Al l� I � 4. That by such Petition, the Vndersigned will request the following relief: AOprb 6 am. �I�� f��t`t 11 L O CX IA S\. 1 r -�,n-4 cll�P�,o`i'!' -Si.t U�`l. V�\ C��UVl 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article �� Section /Oo Lvl, Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7d5-1809. 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: itioner fl leS 453o�e•� Owners Names : / ir.�_4&,� T d2S Post Office Address LII,:�, Tel . No . ( S176 )-7.3C/- [Copy of sketch or plan showing proposal to be attached for convenience purposes . ] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS P 861 034 051 c-r -70- W/-/ ' RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL �a/ rvl /i✓ 5"-7- (See Reverse) Sent to f Street and No. 2--r -T e- P-O.,State and ZIP Code "fox P 861 034 .054 / y `T/i / g RECEIPT FOR CERTIFIED MAIL _/ ' (� f� NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to s T.� S Street and No.. U=J \S uj Sutt-6 P.O.,State and ZIP Code �0 l! t�llfs STR Iv, 11591 / P 861 034 OS5 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL y (See Reverse) Sent to �- .- --��f/N St, t and No. / o P.O.,Statvnd ZIP C05W '�&O Z'c —/ ,7." Postage �5' Certified Fee ��' Special Delivery Fee Restricted Delivery Fee i STATE OF NEW YORK ) ss : to whomandturn pDat oDelivered `r b COUNTY OF SUFFOLK) L Return Receipt showing to whom, Date,and Address of Delivery TOTAL Postage and Fees 5� D SaJ�vfo2n F{< , resid -3 1 beini o Postmark or Dat G UG. 2 day 9U deponent; coC , of �va1! /�� , 19 F n the re- verse side hereof, directed to each of the above-named pei c V N®V Z active names; that the addresses set opposite the names of said p '� ,�, -C town on the current assessment roll of the Town of Southold;that a s Post Of- fice at /r`3 75— ;that said Notices we a mailed to each of said persons by (certified) (registered) mail. Sworn to before me this 71 day of N c s� , 19 10 Notary Public RICHARW�NONCARROW NOTARY PUBLIC, STATE OF NEW YORK No. 2902160 Qualified ir.ghfoel"Courty Term Expires !hl;v so; 199u (This side does not have to be completed on form transmitted to adjoining property owners . ) I i BOARD OF APPEALS, TOWN OF SOUTHOLD " , In the Matter or the Petition of NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO:gh'� '/✓y /r�1h°'�i/�%�t:� 7D; PROPERTY OWNER vy YOU ARE HEREBY GIVEN NOTICE: 1. That •tithe intention of the undersigned to petition the Board of Appeals of the Town of Southold- to request aa`Varian0!) (Special Exception) (Special Permit) (Other) [circle choice] ) I 2. That the property which is the subjey of the Petition is located adjacent to your property and is des- cribed as follows: V -, Y V Ie,uu - IUl)-- o1 - ,P , 1 3. That the property which is the subject of such Petitio is,located in the following zoning district: 4 That by such Petition the ndersigned will request the following relief: A ig� J i 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article 1-1 Section !CC:[ C: [vf Section 280-A, New York Town Law for approval of access over right(s)-of-way. j 6. That within five days from the date hereof,a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may.then'and there I examine the same during regular office hours. (516) 7�5-1809. i 7. That before the relief sought may be granted, a public hearing must be held on the matter by the I 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. j Dated: - ._.�•-!�-'':ra'.� .-x.,,_�7 ,fir - Petitioner' Owners ' Names Post Office /Address 't�Q mil- C1_IS, " Tel . N o . ( �76 [Copy of sketch or plan showing proposal to be attached for convenience purposes . ] I i • NOV # 461110 r r PROOF OF MAILING OF NOTICE . ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS I -P 8-61 -033 -982 P 861 033 981 RECEIPT FOR CERTIFIED MAIL RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL NOT FOR INTERNATIONAL MAIL (See Reverse) (See Reverse) S Sent to p ent Street and No. Street and No. M '5,V41 �7 S r�G of ': .y/,`� C --f;")r� G� P.O.,State and ZIP Code / P.O.,State and ZIP Code/ Postage 5 Postage .-U 1 Certified Fee Certified Fee Special Delivery Fee I Special Delivery Fee Restricted Delivery Fee I Restricted Delivery Fee Return Receipt showing-- Return Re 1 to whom an �Deliver&d to whom Deli - Ln �resjliv to I I cO Return c, Return cei sho v ;4p m i P Date,a r Date, A ress De, er 0 c ' g ? TOTAL, sta es y S TOTA Pos ge ar i C esYro o o Postmark 0! e S o Postmar r ao M �Ps E . Jam. E �'�_ p'O ` I- - -- - "' (n a LL cn STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK) fV, /52* residing at being duly sworn, deposes and says that on the "day of / r� �)�F "� , 19 �, deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names;.that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post+Of- fice at ew`�'��s% 3—'r' that said Notices were mailed to each of said persons by (certified) (registered) mail. - y � Sworn)to before me this dx ofi._n)-J y'W )r14otary Public RICHARD NONCARROW Notary Public, State of New Y6fk No. 2902160 Qualified in Suffolk t:burity Term Expires January 31, 1992 ( This side does not have to be completed on form transmitted to adjoining property owners : ) i Yyp � rr. ♦4 M A.t 5 10, w f L �oR4�wo� A+S 8ssoc. u. iS•ci0 d { ! i } i i i !4 ' j '!-•,.f RVI•.. i i...5.� PCQ I � I ( {I �' �•..� a t...»._.� t �•'". t.-�f�_�.-,�_.�._._...-.~f....4_....-.».,.• __...____._._..r�//�..fi � Z,._ � i a / I, ,� r.•--`�% / � tip..� 7 a.,t"± �„1,>s' �i,., Was— t 0 Y !r NI f tU AP � 1 ; { 10 E ,_l �. 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