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TOWN OF 80UTHOLD, N~W YOKK
ACTION OF THE ZONING BOAJ~D OF APPEAL~
Appeal No. 1174 Dated March 29, 1968
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
Anpelo & Georgette Petrucci
To Bay Avenue
Cutchogue, New York
Appellant
at a meeting of the Zoning Board of Appeals on Thursday, April 11,
was considered and the act/on indicated below was taken on your
( ) Bequest for variance due to lack of access to property
( ) Bequest for a special exception under the Zoning Ordinance
(~) Bequest for a variance to the Zoning Ordinance
( )
1968 the al*peal
1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be
granted ( ) be denied pursuant to Art/cle .................... Section .................... Subsection .................... paragraph
.................... of the Zonir~ Ordinance. and the decision of the Building Inspector ( ) be reversed ( ) be
confirmed because 8:00 P.M. (E.S.T.), Upon application of Angelo & Georgette
Petrucci, Bay Argue, Cutchogue, New York, for a variance in accordance with
the Zoning Ordinance, Article III, Section 303, for permission to set off
a lot with less than 100 feet frontage. Location of property: north side
Stillwater Avenue, Cutchogue, New York, part of lot number 80 as shown on
the subdivision map of M.S. Hand, Section II, Suffolk County Map No. 1280.
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce practical
hardshin because
d/fficulties or uunecesssry
SEE REVERSE
(b) The hardshio created (is) (/s not) unique and (would) (would not) be shared by all properties
alike in the immediate vicinity of this property and in the same use d~strict because
SEE REVERSE
(c) The variance (does) (does not) observe the spirit of the Ordinance and (would)
change the character of the district because
(would not)
SEE REVERSE
and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied
and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed.
FORM ZB4
REVERS
--
Barbara C. Dittmarm, Secretary
A~ter ihvestigation a6d inspection:the Board finds that the
"applicant requests permission to set off a lot with less than 100
feet frontage. The lot in question adjoins a right ~f waywhich
the applicants thought they owned and had. full use ~f. It was
later discovered this was not so, therefore,'the lot in question
has only ?0 feet frontagel The Board finds there is ample depth
and area in this lot to meet all other requirements ~f the Zoni~
Ordinance. In general, the Board is in agreement with the reasoning
~f the applicant as presented in the application.
The Board finds that strict application of the Ordinance will
produce practical difficulties or unnecessary hardship; the hard-
ship created is unique and would not be shaxed by all properties
alike in the immediate vicinity of this property and in the same
use district; and the variance does observe the spirit of the
Ordinance and will not change the character of the district.
Therefore, it was RESOLVED Angelo & Georgette Petrucci~ Bay
Avenue, Cutchogue, New York, be granted permission to set off a
lot with less than 100 feet frontage as applied for. Location of
property: north side Stillwater Avenue, Cutchogue, New York.
NOTICE OF HEARINGS
Pursuant to Section 267 of the Town
. Law and the provisions of the amended
Building Zone Ordinance of the Town
of Southold, Suffolk County, New
York, public hearings will be held by
the Zoning Board of Appeals of the
TOwn of Seuthold, at the Town Office,
Main Road, Southold, New York, on
?:~0 P. M. ~1'), upon al~lication
of .Charles M. Kruil, ~t~g Street,
Orient, 'New York, for recognit£on of
access in accordance with the State
Location of property: right of way
south side King Street, Orient, New
York, bounded north by King Street,
east by James Douglass, ~outh by
James Douglass, west by Orient Har-
7:45 P. M. (ESTt, uPOn application
!of Donald E. and Lorna E. Tuthili,'
3020 Boisseau Avenue, Southold, New
York, for a special exception in ac-
cordance with the Zoning Ordinance
Article III, Section 300, Subsection
roi' permission to erect u subdivision.
identification sign. Location of prop-
erty: east side Boisseau Avenue, South.
old, New York, bounded north by land
of Tuthill, east by Laurel Avenue,
south by Sengelaub, west by Botsseau
S:00 p. M. (EST), upon application
of Angelo and Georgette Petrucci, Bay
variance in accordance with the Zon-
lng Ordinance, Article III, Section 303,
for permiSsion to set off a lot with less
than 100 foot frontage. Location of
property: north side Stillwater Avenue,
Cutchogue, New York, part of lot num-
ber ~0 as shown on the subdivision
County Map No. 1280.
g:15 p. M. (EST), upen'applicatiou
of Irving C. Latham, 41295 Main Road,
Orient, New York, for a special excep-
Ordinance, Article V, Section 500, Sub-
property located 6n private right
way, East Marion, New York, bounded.
north by C. C. Cook, ~ast by Irving
Latham, South by C. C. Cook, west by
Any person desiring to be heard on~
any of the above applications should'
appear at the time and place so sPeci-
fied.
DATED: MAR~H 14, 1~
try ORDER O1~ ~t"l-~; SOUTHOLD
TO~ BOARD Ol· APPEALS
COUNTY OF SUFFOLK [ ss:
STATE OF NEW YORK I
C. Whitney Booth, Jr., being duly sworn, soys
that he is the Editor, of THE LONG ISLAND
TRAVELER - MA~-I'ITUCK WATCHMAN, a public news-
paper 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 Zraveler-Mattituck Watch-
man once each week for ....... ~,..¢~..~..~....~...'.4x/..~..,week~
· , . / /
successively, commencing on the ...............~../~. ........... .........
..... ..........
..........................................
Sworn to before ~e tkis ......... ~. ......... day of
................. · .........
LEGAL NOTICE
Notice of Hearings
Pursuant to Section 267 oi the
~ Town Law and' the provisions oi the
{amended Building Zone Ordinance
of the Tow~ of Southold, Su/folk
County, New York, public hear/rigs
w/il be he~d by the Zoning Board
of Appeals of the Town of Sou~h-
old, at the Town Office, Main Ro~d,
Soufhold, New York, on April 11,
1968, on tb~e following appeals:
?:30 P.M. (E.S.T.), Upon applica-
tion o/ Charles ~I. /~rull, King-
i 'Street, Orient, ~ew Y~rk, /or recog-
nition of access in acCordance with
the State of ~ew York Tov~ Law,
Section 200A. Location of proper-
fy: right of way south side King i
Street, Orient, ~Tew York, b~unded
~ nccth .by King ;Street, east by James
Douglass, west by Orient [-/arbor.
7:45 P.'M. (/~.,S.T.), Upon appli-
cation of Donald E. & Lorna E. Tut-
b_ill, 30~0 Boi~seau Avenue, South-
old, J'/ew York, for e special ex-
cept/on ~a accordance with the Z~n-
lng Ordinance, Ar$icle III, Section
300, Subsecinn 9, for perrni~stun to
~ a subdivis/oa identLfieatioa
~ign. Location of .property: east
side Boisseau Avenue, S~uthold,
New York, ~bounded narth .by land
of Tuthill, east by Laua~el Avenue,
south by ~eagelaub, west by
seau Avenue.
8:0.0 P~I. (E.S.T.), U~oi~a arppli-
cat/on of Angelo & Georget/0e Pet~
~cUcci, Bay AvenUe, Cutchogue, ;hTew
York, /or a vari~mce in accordance
with the Zoning Ozx/inance, Article
III, :Section 303, /ar permission to
set o~f a lot with less than 100 f~ot
frcattage. Location of property:
north s/de St/llv~ter Avenue
Cutchogue, New York, pa~t of lot
number 80 as shown on the ~ubdi-
vision nmp c~/ M. S. Hand, Section
II, Suffolk County Map No. 1280.
8:15 P.~M. (E.S.T.), Upon applica-
tion of Irving C. Latham, 41995
'Main P, vad, Orieut, New York, fc~r
a spec/al exception in accordance
with the Zoning Ordinance, Article
V, Sect/on 500, F~tibsect/ons 8 and
35, for pennia/on to re-activate a
t~az~it m/x ceanent plant on prop-
ecty located on l~rivate right of way,
East N~a~/on, New York, bour~led
.n~rth by C. C. Cook, east by Irv-
/rig La,ham, Isouth by C. C. Cook
wes~ by Robert Lang.
Any person desiring to be heard
on the ~bove application should ap-
pear a.t the time and place above
specifiect.
DATED: ~VIARCH 14, 1968, BY
ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
ltA5
COUNTY OF SUFFOLK,
STATE OF NEW YORK, ~ ss:
...~.-. · ~:'~ ~... ~.<, .'.~-~--.. ..... being duly Sworn,
says that ...~. ~ is Printer and Publishe~ ~of ~e SUFFOLK
WEgKLY TIMES, ~ news~per publish~ ~t Greenport, in s~d
county; and that the notice, cf which the anne~d is ~ print~
~py, has been published in the s~d Suffolk Weekl~ Times
vnce in each week, for ........ ~ .............. week~
successively commencing on ~he . .~ .............
,of ... ........
Sw=rn to beige me this . :~.'~:...
TOWH OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL
TO THE ZONING BOARD OF*APPEALS, TOWN OF SOUTHOLD,.N. Y' . tephen
An e & Gei ~ ~ 120 Cou~tGriffing~t, ~i~r~eadAtty
Name of Appella. n.t Street and Number
~ Cutcho me
........................................ ~ ............................................. 2..~.:.¥.: ............... HEREBY APPEAL TO
Municipality State
THE XONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING, INSPECTOR ON
APPL~CA-nON FOR~ P~ERM~T NO ..................................... DAZED .... ~.r..c_h...L2.9.,...J..9_6_8. ...............
WHEREBY THE BUILDING INSPECTOR DENIED TO
_. Name of Applicant for permit
of
Street and Number Municipality State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
(x) To set off lot withless than 100-foot f~ontage
1. LOCATION OE THE pROPERTY ..~.i..!...~.?~..e.~. ~venue "A" Dist. '
' '~ Streef Use District on Zoning' Map
M. So Hand~ Revised, Pact,of. Lot I shown on
..................Mop No. ~ .................................... ~"~ .............. ( Cutchog~le )
2. PROVISION (S) OF THE ZONING ORDINANCE AP, PEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi,nance.)
Article III Section 303
3. TYPE OF APPEAL Appeal is made herewith for
(X) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) 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'not) been made with resPeCt t°'this decision
of the Building Inspector or with respect to this property.
Such appeai was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No ................................. Dated ......................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
(X) A Variance to the, Zoning Ordinance
( )
is requested for the reason that
Form ZB1
(Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because premises are part of a re-subdivision of lots on
Plots 80 to 87 inclusive, Map Section 2 of M. S. Hand, No. !280 and
Plots- A~ and B P~ese~ved on said map made by Van Tuyl & Son for applicant
in ~January of i968, copy of which is annexed~ mo5~ ~Plots ~ amd 6 shown
thereon have since been sold. Unknown to applicant portion of Lot #l
shot~u~ on said map marked "Plot A Reserved" wassold-fez~ non-payment of
taxes on ~. deed issued by the County Treasurer to one John Atzbu~ge~
for non-payment of taxes for the year 196~-64. Since obtai.ning such
knowledge, applicants have unsuccessfully tried to regain tztle to the
said Plot ~ Reserved. That the loss of title arose through an ez~or
in the Asse'ssor'~s office of the Town of Southold ~nd that until the
t~x year 196~-6~ applicant neVer m ~eceived ts~ bills covering said par-
cel although they had owned same since 1961o It is impractical to
re-subdivide in tez~s of frontage required by the ordinance.
2. The hardship created,is UNIQUE ond is not shared by all properties alike in the immediate.
vicinity of this property and in this use district beoause although title h~s been lost
to Plot A.Reserved as above stated-, ,it lis a right of way and ~ust at
all times remain open and ~nencumbe~ed. Acce~dingly~ the remaining
?O feet, more or less, frontage will have the benefit of the width
prescribed by,-'the ordin~uce -even ~hough -~itte ~ay-not~-'be ~in 'the
applicant~ The portion of Lot I,~owned by the applicant complies in
all respects with provisions of the ordinance except for the frontage
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE,
CHARACTER OF THE DISTRICT because as a matter of faot although the portion
of Lot I owned by the applicant is insufficient in frontage due to the
fact that the portion sh.o~ as Plot A Reserved is a right of way
must ~emain unencumbered for practical purposes, the lot will appear
to be in compliance with the ordinance even though there is separate
o~mership of its component parts.
STATE OF NEW YORK )
) ss
COUNTY OF'$'O"~:~'~ )
Sworn to this ...........'~' -~--'~ day of .... .-/~...~..'.,~:..~;../~.'. ...................... 19,~
Notary Public
~AND,~A
October 6, 1972
Stephen F. Griffing, Jr.
120 Court Street
Riverhead, New York 11901
Dear Mr. Griffing;
At its meeting on October 3, 1972, the Planning
Board passed the following resolution;
RESOLVED that the Southold Town Planning Board
give approval of the canal in front of the property
of Richard L. Sadick and Murray Schlussel, said
property described in three deeds from Angelo Petruoci
and Georgette Petrucci and recorded in the office of
the Suffolk County Clerk on June 30, 1972 In Liber
7207, pages 75, 77 and 79. This approval is for the
canal in front of the described property only and
not for any adjoining property.
Very sincerely,
JW;tle
John Wickham
Chairman
Mr. John Wickham, Chairman
Southold Town Planning Board
Southold~ New York 11971
September 29, 1972
Dear Mr. Wickham:
In accordance with our conversation of Friday, the 29th
of September~ I enclose a copy of survey made for Sadick and
Schlussel purchasers from Angelo and Georgette Petrueci, of
property on the north side of Still Water Avenue.
All I wish to bare from your hoard is a letter indicating
that the dredged canal shown on the survey was constructed in
compliance with the requirements set forth in your letter add-
ressed to Angelo Fetrucci under date of May 16, 1967.
For your further information, I enclose a zerox copy of the
face page of the Contract indicating that there was three parcels
of land conveyed to Sadick and Schlussel which did not include
any conveyance of Reserved Plot "N'. If this is not sufficient
evidence for you or for your meeting of October 3rd~ I would be
very pleased to come to your next meeting providing it doesnot
fall between the 12th and 26th of October at which time I will be
on the West Coast.
Thank you for your cooperation,
SFG:pavp
Enos.
cc: Shepard Scheinherg, Esq.
September 26, 1972
Stephen F. Griffing, Jr.
120 Court S~reet
Riverhead, New York 11901
Re: Your File No. 1112-~
Dear Mr. Griffing:
In answer to your letter of July 11, 1972,
the Planning Board has this under advisement,
but there seems to be some additional problems.
On May 16, 1967, this Board send to Mr. Petrucci
a letter stating that the Planning Board approved
this canal subject to four conditions. Some of
these conditions have never actually been met. In
addition, we find that Mr..Petrucci in one way or
another disposed of the rights of way on each side
of his subdivision thereby reducing the'tc~l width
of his subdivision by 80 feet. I am sure you can
understand that under these circumstances there are
a few more questions we want answers to as regard
these rights of way. As far as we are concerned
it would seem that the subdivision map submitted
by Mr. Petrucci is in fact invalid.
We would suggest that you came to the next
Planning Board meeting on October 3, 1972, at 7~30 p.m.,
at the Town Office, Main Road, Southold, N.Y., as
their representative and discuss the complete situation.
Very sincerely,
JW:tle
John Wickham
Chairman
September 12, 1972
Stephe~ F. Griffing, Jr.
120 Court Street
Riverhead, New York 11901
/
Re: Your File No. 1112-C
Dear Mr. Griffing:
With reference to your letter of September 11,
1972, the Planning Board will check further into
this matter and will notify you before its next
regular ~eeting on September 25th.
Sincerely yours,
JW:tle
John Wlckham, Chairman
July 11, 1972
~. John Wickham, Chairman
Sout~hold Town Planning Board
Southold, New York 11 971
Re: O~r File ~o. 1112-C
Dear Mr. Wickbam:
~ I refer you back to m~ letter of July 5th concerni~ug
Angelo Petrucci's Permit to dig the canal in 1967, in fact the
work was done, b~t ~. Petrucci 0~itted to corem back to the Planning
Board for inspection and approval, as required by your permit.
What we are asking for now is a belated approval of the work
actually done in 1 967. There is no new work involved.
Again, If you could help, I wo~ld appreciate it.
Very t~uly yours,
SFG:sb
Stephen F. Griffing, Jr.
~r. John Wickhara, Chairman
Southe]_d Town Plannin~ Board
Southold, New York 11071
September 11, 1972
Dear Mr. Wickham:
Reference is made to my letter of Jnly !!tb, s copy
of wbic~ is enclosed.
I would greatly appreciate anything you can do to
arrange for tbs belated approval of t~e work which was
done in 1,o7.by l,~r Pe~,_ucc_.
Please ~ '
tFG:pavp
ff~
July 10, 1972
Stephen F. Griffing, Jr.
120 Court Street
Riverhead, New York 11901
Re: Your File No. 1112-C
Dear Mr. Griffing:
From our point of view this permit has long
since expired and at the present time it is very
difficult to get approval of dredging wetlands.
Very sincerely,
JW:tle
John Wickham
Chairman
M I~UTES
SOUT~LD TO:~%I PLA!~/IG BOARD
May 9, 1967
A regular meeting of the Southold Town Planning Board
was held at 7~30 P.~{., Tuesday, May 9, 1967, at the TOwn
Office, Main Road, Southold, k~ew York.
There were present: Messrs: John Wid~ham, Chairman;
Absent: Mr. Alfred Grebe.
Also present: Messrs:OTTO Van Tuyl, Consultan=; Howard
Terry, Building ~nspector.
Mr. Angeio p~trucCl appeared ~fore ~--~.e Board for an
informal discussion inregard to dredging at property located
on lots 80-87 inclusive, in M.S. Hand, Section II, Cutchogue,
New York. There is an existing gutter, which Mr. Petrucci
owns half of, that is desired to be dredged. The other half
of the gutter is owned by J. G. Madzelan. Mr. Petrucci stated
that ~. Madzelan has consented to have his half of the gutter
dredged. The Planning Board advised Mr. Petruccl that they
wish to discuss this matter witt~the Southold Town Trustees.
Sour. hold Town Planning Board -7- May 9, 1967
On motion by Mr. Wi~ham, seconded by ~. Coyle,it was
RESOL~-ED that a letter be written to Mr. Angelo ~etrucci
Bay Avenue, Cutchogue, New York, in regard to dredging a canal
on lots n=~bered 80 to 87 inclusive, Plots A and B, map of
M.S. Hand, Section II, east side Stlllwater Avenue, Cutchoque,
.;~w do=~. ~ ~iann~n~ ~oar~ approve~ ~s cure~ging Su~ec~
to certain conditions which Mr. Petruccl must follow. Copy of
said letter to I~. Petrucci is on file in the off~ce of the
Planning Board.
Vote of the Board~ Ayes~- Mr. Wi~kham, Mr. Moisa,
Mr. Unkelbach, Mr. Coyle.
The Planning Board received ~rom the Town Board the
original petition of Albert and Veronica Frohne, Silvermere
Road, Greenport, New York, relateive to a change of zon~
from"A" Residential and A~ricultural District to "B-2"
Business District with the instructions to prepare an official
report defining ~he conditions described in the petition and
~..~ermine the area so effected with the reco.~-unendation of
ysu~ Beard. Location Of property: certain real property situated
at Greenport, in the Town of Southold, Suffolk County, New
York, and bounded and described as
PARCEL A- BEGinNiNG at a point on ordinary high water makr
of Pipes Cove at the southeasterly corner of land conveyed by the
party of the first part to Clarence C. Roach; running thence along
last described land, ~. 3~ 45' E. Three hundred (300) feet, more
or lass, ~o =he southerly line of a certain (16} foot right of
~ay hereinafter ~escr~be~; ~nence along ~id southerly !ine of
uald right of %~ay ~o courses, am foll~ws~ '~
three and eighty-six one hundxedths (53.86) feet; thence (2} N.
76: 45' E. forty (40) feet~ thence along other land of said party
of the first part, being Veronica Frohne, a line paralleled the
first described boundary, S. 3~ 45' W.- three hundred thirty (330)
feet, more or less, to said ordinary highwater makr of Pipes
Cove~ thence along said ordinary high water mar]( of Pipes Cove
southwesterly eighty (80) feet to the point of beginning.
PARCEL B - BEGI~/~G at a point N/ !° 24' 40" E. seventy-
and sLxty-tt=~e one hundre~hs (70.63) feet from ~e northeasterly
corner of land contracted to be sold by Albert and Veronica
Frohne to Thomas Jurczenia, and running thence along o~her land
of the applicant N. 80~ 55' ~ W. one hundred forty six and seventy
seven one-hundredths (146.77) feet; thence on the extension northerly
5~, 5~, 58, 59, 60, 61, 62, 64, and 65 and , ·
L~ ~ which appears in Se~^~ ~ . .' excluding
present zonin~ stan~- -, ~-~ ~, De Drought up to
~ ~ u~ru~ an~ the h~g~a~s for these
lo=s be brought up to p~esent speclfl~a~ions.
Vote of the Board: Ayes: Messrs. - Wickham, Raynor,
Moisa, Coyle, Grebe.
Mr. Terry read the following
Griffing, Jr., Esq., dated July 5,
the Planning Board:
letter from Stephen F.
1972, addressed to
Gentlemen:
Reference is made to application by Angelo
Petrucci in 1967 for dredging a canal east of Still-
water Avenue in Cutchogue. Your Board issued its
approval of the work by a letter addressed to
Mr. Petrucci under the date of May 16, 19~7.
Mr. Petrucci has recently sold the property and the new
Owner requested that we obtain from you a letter of
approval of the work.
If you can give us written approval we would appreciate
cc: Shepard M.
Sheinberg,
Very truly yours,
Stephen F. Griffing, Jr.
Esq.
Mr. Terry said Mr. Petrucci bought several lots in
uhe Hand Estate and when the d~e~ went to the County Clerk's
Office the right of way was not
~nc~udea. He then lost the
right of way in a tax sale deed. The person who bought
the right of way sold it for $3,000 as a -building lot. The
man who bought it came in for a building permit last week
and I told him it is a right of way for all the people in
M. S. }{and Subdivision. The assessor's office just found
the parcel of the deed for the right of way that was cut
off. At least 70% of the lot is wetlands. It is 30' X 300';
3000 square feet is upland. The Board will send the
following letter to Mr. Griffing:
7' Southold Town Planning Board
- 9 - July 26, 1972
we intend to construct (i.e. five buildings of 6 - 2 bedroom
wi~ have no -
dwelling units). In addition, ih .7 ~ e~fect on
the total number of residents that might inhabit the
property, since we would then construct larger size units
in the existing motel building which would accommodate a
comparable number of total occupants.
Given the present area of our M-1 Zoned property (7.5
acres by survey) it would seem that we should be allowed
' ,--'~ ..~o+~? or not we receive
to DuL~a a total of 57 ~.i~o ~ ........ ~
have agreea
~e zoning change. If you recall, we aiready
to permanently (as a deed restriction or other covenant)
refrain from constructing dwelling units or other structures
within 200 feet of Bayview Road even if we are successful
in rezoning attempt.
In any case, let me re-emphasize our desire to
cooperate with the Planning Board in any way possible short
of forfeiting our perogative to develop the property in
conformance with the dictates of the existing zoning
ordinances ·
If you desire further clarification of our position,
please feel free to contact us directly. I trust that
we will be able to resolve any remaining differences at
an August meeting of your Board.
Very truly yours,
Richard L. Caplan
President
Mr. wickham directed the Secretary to write to
Mr. Caplan to .come to the next regular meeting on August 15th.
The Planning Board received tka =o~o~ng letter
1972: \~-~
from Stephen F. Griffing, Jr., Esq., da~ed July 11, ~
Dear Mr. wickham:
I refer you back to my letter of July 5th concerning
Angelo Petrucci's Permit to dig the canal in 1967, in fact
the work was done, but Mr. Petrucci omitted to come back
to the Planning Board for inspection and approval, as"
required by your permit. What-we are asking for now is a
belated approval of the work actually done in 1967. There
is no new work involved.
Again, If you could help, I would appreciate it.
Moisa and G~ebe.
Southold Town Planning Board
- 10 - July 2~. 1972
Mr. Wickham instructed the Secretary to write to
Mr. Griffing that the Planning Board will look further
into the matter and answer him after the next regular
meeting.
The Planning Board received the following letter
from Amen, Weisman & Butler, Esqs., dated July 7, 1972,
with regard to Town Harbor Terrace, Southold, New York:
Dear Mr. Wickham:
As you may remember, the Planning Board granted an
extension until August for the construction of the roads
at Town Harbor Terrace,,~Southold. The contract was
immediately let to Irving Latham or Orient who stakted
the work. The roads have been roughed out in that they
have been cleared, however, the inclemency of the weather
has been such that it has not been possible for Mr. Latham
to complete his phase of the work. For that reason it
is necessary at this time, since the contract has been let,
the work started and the money available, to ask for an
extension to complete the same.
Very sincerely yours,
Joseph p. Hoey
On motion of Mr. Raynor, seconded by Mr. Wickham, it was
RESOLVED that an extension of 60 days be granted to
complete the roads at Town Harbor Terrace, Southold, New York,
until October 1972.
Vote of the Board: Ayes:' Messrs: Raynor, Wickham,
Coyle, Moisa, Grebe. ·
Mr. Terry presented a map of property of High Quinn
at New Suffolk. Mr..QuLnn wants to change the entrance
for the right of way from Fifth Street to Jackson Street.
On motion of Mr. Raynor, seconded by Mr. Coyle, it was
RESOLVED that the right of way on the property of
Hugh Quinn be changed so that the entrance is on Jackson
Street.
Vote of 'the Board: Aves: M~.
- 3 - Sep~
Southold Town Plann~
The Board discussed a letter from Stephen Griffing,
Esq., in regard to property of Petrucci. Mr. Wickham
read the following letter sent to ~r. Petrucci by the
Planning Board dated May 16, 1967:
Dear Mr. Petrucci:
The Planning Board has considered your request to
~Jadqe a canal cn your lets numbered 80 to__87, inclusive,
Plots A and B, Piap of b~.£. Han~, o~c~ion ~-, east
Stillwater Avenue, Cutchogue, New York.
The Planning Board approves this canal subject to
the following conditions:
1. The canal must be entirely within your land,
leaving at least a two foot wide strip between the canal
and the adjoining property owner to the east, J.G.
b~adzelan,
2. No digging sn=~l be done on any other property
without an application being made by the land owner and
approval of the Soutkold Town Planning Board.
mlnlm~m
3. The canal must be ' ' ' width and minimum depth
as discussed at the D~ ~'
.~n..lng Board meeting.
4. Notice shall be given to the Planning Board when
work starts and when completed, so inspection of the work
can be made.
Very truly,
John Wickham, Chairman
The Board discussed this property and the Chairman
~ictated a letter to Mr. Griffing askir~3~-~~ to
next Planning Board meeting on Oc~oDer 3, i972. ~
Mr. Wickham reported that he had talked with Dick
Cron in reference to his subdivision at Orient Point and
he has completely reversed his stand and is now
engaging an architect to draw another plan for develop-
menu setting aside a lot~of open space and he is thinking
in terms of condo~uiniums on much of it. Mr. Terry said
that means a change of zone. Mr. Wickham said Mr. Cron
told him he has an option on the Pappas property.
Mr. Wickham also sai~ he talked %~ith Lee Koppelman and
he said if Mr. Cron would come up with his new plan he
Southold Towr~ Planning Board
October 3, 1972
Ail I wish to have from your board is a letter
indicating that the dredged canal shown on the
survey was constructed in compliance with the
requirements set forth in your letter addressed
to Angelo Petrucci under date of May 16, 1967.
For your furtker information. I enclose a zerox
copy of the face page of the Contract ~ndicauing
that there was three parcels of land conveyed
to Sadick and Schlussel which did not include
any conveyance of Reserved Plot "A". If this
is not sufficient evidence for you or for your
meeting of October 3rd, I would be very pleased
to come to your next meeting providing it does
not fall between the 12th and 26th of October at
which time I will be on the West Coast.
Thank you for your cooperation.
Very truly yours,
Stephen F. Griffing, Jr.
Mr. Raynor said he never met the fourth requirement
in our letter of May 16, 1967. Mr. Wickham said the lots
were not sold as shown on the minor subdivision and they
were sold by metes and bounds. Mr. Terry said they were
sold with the action of the Appeals Board. Mr. Raynor
said the Appea~s Board did not include all the property
in the original subdivision. It should have been included.
A clause on the deed of May 19, 1972, from Petrucci to
Sadick and Schlussel states: "Sellers represent that
Zoning Board of Appeals granted a Variance on Parcel No. 1
abovementioned on April ii, 1968, copy of Board of Appeals
Action is annexed hereto and made a part hereof"
Mr. Wickham said all these people want is approval of the
canal from us. He wants a statement from us that we have
no objection to the canal in front of their property.
We have a question about the right% of way.
On motion of Mr. Wickham, seconded by Mr. Raynor,
it was
RESOLVED that the Southold Town Planning Board give
approval of the canal in front of the property of Richard L.
Sadick and Murray Schlussel, said property described in
three deeds from Angelo P~trucci and Georgette Petrucci
Southold Town Planning Board
- 5 - October 3, 1972
and recorded in the office of the Suffolk County Clerk
on June 30, 1972, in Liber 7207, pages 75, 77 and 79.
This approval is for the canal in front of the described
property only and not for any adjoining property.
Vote of the Board: Ayes: Messrs. Wickham, Raynor,
Moisa and Coyle.
Mr. Samuel Glickman, attorney for Constantine Pappas
appeared before the Board. He said he represented Mr. Pappas,
the owner of a piece of land in Orient which runs
approximately from the end of the north road down to
the ferry. Prior tO the last amendment of the zoning
ordinance his property was zoned B-l'Business under the
old zoning and under the new maps. Under the master
plan maps it was continual y zoned as B-1 and by adoption
of the Town Board it was stated that it was B-1. In
making the new zoning maps inadvertantly it was made part
B-1 and part A. I am asking the Planning Board to make
correction as it now stands to show the property as all
B-1. Mr. Terry said this is right. We made the first
run on the zoning map and we penciled in the mistakes to
be corrected and this is one of the things that did not
get covered. The master plan shows it over to the east
line but when they did the final map there was about 1/8
inch not covered. Mr. Tasker said it has to go through
channels to be ...... ~_d and it starts here with a letter
from the Planning Board that it was on the master plan and
adopted by the Town Board. Mr. wickham said we will need
to present to the Town Board our work sheets.
On motion of Mr. Moisa, seconded by Mr.. coyle, it was
RESOLVED that the Planning Board send a letter to the
Town Board that it has been called to our attention th&~
the final zoning map is in error in that it does not
include all of the property of Constantine Pappas at
Orient Point shown on all of the work sheets of the
Planning Board as well as the Master Plan Map and as
approved by the Town Board. This should be corrected as
soon as possible.
Vote of the Board: Ayes: Messrs. Moisa, Coyle, RaynOr,
wickham. -
CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYEr,iS ONLY.
NOTE: FIRE LO.OSES. This form of contract contains no express provision as to risk of loss by fire or other casualty
before delivery of the deed. Unless express provision is made. the provisions of Section 5-1311 of the General Obligations
Law will apply. This section also places risk of loss upon purchaser if title or possession is transferred prior to closing.
THIS AGREF. J~ENT, made the J~'~'" day of ~ , nineteen hundred and ~OVOU~*~
BE~EEN
hereinafter described as the seller, and
Richard L. Sadicks residing ut 240 Halsey Avenues
2~1 H~ZseZ ATO~ Jerichos Eeu Zoz~:s ~
hereinafter described as the purchaser.
%'VfI'~I:'-qSETH. that the seller agrees to sell and convey, and the purchaser agrees to purclv~.c_~tlJ, t~.t
or p~cel ~ land. w~ ~s ~a ~m~:ove~ t~-eo~ erect~a~i:ua~e. Iv~ . nd ~cm~e
~ ~ T~ ~ ~s ~ ~ ~o~ G~ o~ oxg~ ~0~
~~nt ~ ~* ~' ~" ~ot, ~2~.~ foot f~
~ ~* ~1' ~ots 2~ ~oot ~o o~ less ~ ~o ~
~o~r~ ~ ~ a ~O foot ~-~y; ~g ~n~ ~ou~ ~ * ~O' 20" ~out 300
P/~RU"'/~. r~s I~F.~I~ at a point on the no~ s~o ~ St~ Wa~ A~nuo,
~~ ~s~ ~ ~' ~' 00" ~s~, ~.~8 feet ~ n ~ ~rn ~
nor~er~ side of St~ Water Argue to~tos on ~ ~ester~ ~o of ~nd n~ or
fo~r~ of Wiec~r~; ~ ~onco l~or~ ~' ~l' ~st 205 feet ~re or lees ~
con~r ~ of a ~t~ ~ ~ ~ or fo~ of J. G. l~o~n; ~ng ~ence
East~ly 100 feet ~ro o~ less ~ a ~ ~ ~n~ S~ ~' ~1' West, 230
32' ~" West, ~OO fee~ ~ ~e ~ or ~co ~ ~G.
PARCEL IIIt BEG~I~,~ at a po~.nt on
~~ ~ot~ Sou~ %9' 32'
n~orly s~e of St~ Water A~
or fo~r~ of Wie~k; ~g ~n~ r~ ~0 ~1 ' ~u~ 20~ feo~ ~ o~ lcus
side off St~ Wat~ Av~; ~.4m3 ~nce
,Llers wllX convey and i~suo D~ds as dtmected bY Furcha~ra uith resl~ot ~o
the grantee ~f each parcoX.
Sellers ropresmt that Zoni~ Board of /~als granted a Variance on Parcel l~o. Z
above, uttered on ApdA1 11, 1~8s co~J' of 1~rd ~f,Ap-~Xa Action. ia ann~od ho~-ot~
and ~mde a part hereof. ~, ~
~xe pa~ties agree ~haC "Parcel 1' sh~ll be comveyed ~o
"Parcel 2" ~hall be conveyed ~ gic~d L.
and "Parcel 3" Ghall be co~ey~ Co ~ay SchlU~oeX.
I. l]us ~ n,c~t~s aH r,~hl, IIt{~ nn,I interest, ,[ n.y, .f I},~ ~}l,'r
~vtn,~ ol~t ~ p.,p,~d {,, f.,.I of ,,r .,l',,..,,g ~.i,I i,,eA,{~,'.. I. lb,, i'~lllef Ilo,, Ih,,.,,I...d .11 ,,~1,~. I'~
p~mi~l by i~{=ll O( e{aii~ o{.gr~k .( a.y sir.mi; ~1.{ Iln~ ~llor w, II ,,~,.'.1,, .,,,I ,kliw~.,
~ Did~L£CTION OF
, STILLW~I'EI~ AVIi. ,
)GED CA AL
, /
'LOT. 83 ,OT.DZ
I0~.0 0
N. 5~' 3: 00"W. - 2~0.0
t.o'r.a / i,~r. oo
o/
STILLWATED, 4
,,~,. ~,c.,v~.l.~
· MAP .OF. PROPERTY
., SU~VF..YED 'F0~ '"
C:H~R D. . !.,.,, .. $..6, P.t ,C K
'~":' '" '~ AND "'
)' CANt~L
,/
/
LOT-8
i
/
O'/
/l
,/
4 lX~/v6
1
'V ,. i
).t C I.,4.,, °
~, NOTE
LOT NUMBEI~$ SHOWN REFEP. T0 "MAP OF
SECT[ON %-PI~OP~ETY OF M.S.~ANI~" FILED
l~ THE SUF~LK COUNTY CLEEK'S OFFICE
AS MAPN~ I~BO
SCALE .. 50"= I"
tlZON PIPE
MONUMENT
muc~no~ I~,w.
O SU~',~YED; JUhltl ~, 19'/2
,VAN TUYL ~ $OH