HomeMy WebLinkAbout645public h~a~ings will be held, ,~oy, the
Zoning B~ard ef. Appeals of the To~
of Tredwell Abrams. Sea Shell tVfa~in~
York Town L~w,
of property: private
side M~iri Road.
New York, bounded north by ~iva~
Bou~ch~ Es~, ~ ~by J. Bou~her ~
Road, Seuth~kl, New
north by M. Crane, east b~
south by L. Ford. west by Park District.
south by
lng Ordinance, Article
ndr~ by Seun~ Aven~e, east
Wa]go, south by C. Price west
9:~ P. M. (E~.T.), upon
COUNTY OF SUFFOLK
Sq:ATE
C, Whitney Booth, Jr., being duly sworn, soys
that he is the Editor, of THE LONG ISLAND
TRAVELER - MATTITUCK WATCHMAN, a public news-
paper printed at Southold, in Suffolk County; ond that
the notice of which the annexed is c printed copy, hes been
published in said Long Island Traveler-Mattituck Watch-
man once each week,for ................. ~ ......... weeks
successively, co/n:trfencmg on the .......... .~.~..'.....'.'.~... .................
doyof ........... ~~...~z] ,19 ~z'
............... ..........
/
Sworn to before me this /~2 ~-
........................ day of
19_~.~.~.
...................... zz...If. ~ z. ~. ~ ........ ~ ~
M-!738
TOWN OF SOUTHOLD, NEW YORK
-APPEAL FROM DECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN OF SC~JTHOLD, N. Y.
i, ~ Arvn DeMa~ia of 5 ~Jeldon 'Road
Name of Appellant Street and Number
Co.uae k New York,
..................................... '/~'i~i~iii'~ ............................................................. HEREBY APPEAL TO
State
THE ZONgNG BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
..................................... .............
WHEREBY THE BUILDING INSPECTOR DENIED TO
(
Ann DeMa~ia
Name of AppBcant for permit
of
5 Weldon Road Core. ack New York
..... '~'t'~'J'""j~'"'j'%'; ........................ '~;f~'~'~'~i~ii~; .................... ~;f~ .......................
PERMIT TO USE Z ,~n~
PERMIT FOR OCCUPANCY
1. LOCATION OF THE PROPERTY ....?..~.~....P..1...a...c.?.
(Prz~at ~ ~.oaa)Str;;~' ........................
Map No. Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
sect[on and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
3 TYPE OF APPEAL Appeal is made herewitk for
( ) A VARIANCE to the Zoning Ordinance or Zoniqg Map
A VARIANCE due to lack of access (State of New YorkTown Law_Chap. 62 Cons. Laws
Art.-16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (~) (has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
f ) request for o variance
and was made n Appeal No ................................. Dated
REASON FOR APPEAL
(~) A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
)
requested for the reason that or~zses are situated on a pr_va~e road ad~.acent to
land cf So~thold Park ~istriet~ b~t access to ~ich is over a private
road k~o~¢n as Park Place and an additional ~i~te ~oad known as Memorial
Pa~k L~e hzc~ extends to a furthe~ private road 1~, ~
Road. - adzng to South Harbor
(Continue on other side)
TOWN 'OF $OUTItOLD, NEW YOBK
ACTION OF TIlE ZONING BOARD OF APPEALS
DATE
Appeal No. ~ Dated F~'~'~ 1, ~.~
ACTION Oi.' THE ZONING BO~ OF APP~L~ OF THE ~OW~ OF SOUTHO~
~o
Appellant
at a met(lpg el the Zoning Board .of Appeals on 'l~[[~y, ~.~.
was considered and ~h,e ~cti.on indicated bel~ was taken on your
~equcst for variance d~e to lack of access ~ property
Request lora special .excepti~on un~er the Zoning Ordinance
~eq'acs~ for a variance to the. Zoning Ordinance
the appeal
1. SPECIAI. EXCEI°T~ON. By resolution of thc Board it ~vas determined that a .special .exception ( ) be
granted ( ) be d:enied pursq, ant ~o Article Sectian .......................... Subsection .............................. paragraph
......................... of the Zoning Ordinance, and thc decision of thc Bu~ldin¢ Inspectar ( ) be ~veraed ( ) be
confirmed because
2. VARIANCI~L B~ resolution of the Board Jt was detamained that
ia) Strict application of the Ordinance twould)(would not) produce practical difficulties or unnec-
essary hm-dship because
{0) T,he ,bards]dp created (is) (is not) unique and (wouldl (would not) be shared by ail properties
alike in the immediate vieinity of this property and in the same use district because
(c) Th( var!shOe (does) (does not) ,observe the spirit of thc Ordinance and
change the .ehsracter of the district because
(would) (would not)
and therefore, it was further determined that the requested varia~ce ( ) be granted ( ) be denied
and that the previous decisions of th,e Building In~,pector ( ) be confirmed ( ) be reversed.
FORM ZB4
ZONING BOARD OF APPEALS
The ~rd £~ad~ that strict a~Alcat~ o£ ?2m ~~ w~l
~ ~ ~ ~d ~ ~ ~ ~ all ~ ~o
~d ~ v~m ~ ~ ~ ~lt of ~ ~~ ~viiI
~t ~ ~ ~~ of ~ ~.
east by B.a. Ford, amah by L. e~rd, ~eet by ~u~ Ol~trict, subject
I. ~t ~ the acceas as ougVestod Ln the lettor from
the F&re ChXef.
Approval of JKr. IMMurd Terry, BuLLdJJ~j Xn~poctor.
NOTICE OF HEARING
Pursuant to Section 267 of t! .,~
Law and the provisions of the A,._~nded
Building Zone Ordinance of the Town
of Southold, Suffolk County, New York,
)ublic hearings will be held by the~
Zoning Board of Appeals of the Town
of Southold, at the Town Office, MainI
Road, Southold, New, York, on April 16,
1964, on the following appeals:
, of Tredwell Abrams, Sea Shell Marina
7:30 P. M. (E.S.T.), upon application
Southold, New York for a special ex=
ception in accordance with the Zoning
Ordinance, Article ~V, Section 498,
Subsection A, for permission to erect a/
third ground sign at the Sea Shell[
Marina, south side Main Road, C~een-
port, New York. ..
7:45 P. M. (E.S.T.), upon al~plieation
of Frank Milowski),~ront Street, James-
port, New York, for re~T)g'nitiofi of ac-
cess in accordance with State of New
York Town Law, Section 280A. Location
of property: private right of way, south
side Main Road, (Route 25), Mattituck,
New York, bounded north by private
road, east by Roy Schlein, south by J.
Boutcher Est, west by J. Boutcher Est.
g:00 P. M. (E.S.T.), upon application
of Ann DeMaria, 5 Weldon Road, Cam=
mack, New York, for recognition of
access in accm'dance with S~ate of New
York Town Law, Section 280A. Loca-
tion of property: private road known as
Park Place, east side South Harbor
Road, Seuthold, New York, bounded
north by M. Crane east by E. H. Ford,
south by L. Ford, ~est by Park District.
8:15 P. M. (E.S.T.), upon application
of George W. Smith & Sons, Seuthold,
New York, a/c Dai=Moy, 37 Matt Street,
New York 13, New York, for a variance
in accordance with the Zoning Ordin-
ance, Article /'II, Section 300, Sub=
section 7, for permission to erect a pri-
vate detached garage in the front yard
area. Location of property: south side
private right of way, Cedar Beach Park
Lot NO. 117, Southold, New York.
8:30 P. M. (E.S.T.), upon application
of Edna Brown, East Marion, New
York, a/c Helen H. Lyons, 36 Ocean
Drive, St. Augastjne, Florida, for a
variance in accordance with the Zoning
Ordinance, Article III, Section 300, Su~b-
section A, for permission to sell a lot
with 75 ft. frontage. Location of prop-
erty: west side Robinson Road, Green-
port, New York, bounded north by A.
Rosenberg, west by Robinson Road,
south by D. Bruckheimer and Sterling.
creek, west by Sterling creek.
8;45 P. M. (E.S.T.), upon applioation ~
of George Moore, 152 Flanders Road,
Riverhead, New York, for a special
exception in accordance with the Zon-
ing Ordinance, Article IV, Section 408,
directional sign on the property of
Mary Phylko, south side Sound Avenue,
north by Sound Avenue, east by
Walgo, south by C. Price, west by II. R.
9:00 P. M. (E~.T.), upon application
of Long Island Lighting Company, 175
F, Old Country Road, Hicksvllle, New
ticle III, Section 300, Subsection 6a, for
permission to install an area protection
bighting Company, north west side of
Est., south by Main Road. west
9:30 P. M. (E.S.T.), upon application
of Constantine King, 69 Further Lane,
Riverhead, New York, for a special ex-
ception in accordance with the Zoning
Ordinance, Article III, Section 300,,
Subsection 11, for permission to erect a
directional sign on the property of John
G. Poliwoda, south west corner of North
Road and Albertson L~ne, Greenport,
New York.
9:35 P. M. (E.S.T.), upon application'
of Constantine Kin~, 69 Further Lans
Rlverhead, New York, for a special ex-
ception in accordance with the Zoning
Ordinance, Article III, Subsection 300,
Subsection 11, for permission to erect a
directional sign on the property of
Marie Cassidy, east of Fleet Lumber
Company, south side Main Road,
Greenport, New York.
9:40 P. M. (E.S.T.), upon application
of Constantine King, 69 Further Lane,
Riverhead, New York, for a special ex-
ception in accordance with the Zoning
Ordinance, Article 1'17, Section 300, Sub-
i directional sign on property of Martin
, Ne]son, south east corner of North
!Road, and Moore's Lane, Greenport,
I New York.
I 9:$5 P. M. (E.S.T.), upon application
of Constantine King, 69 Further Lane,
Riverhead, New, York, for a special ex-
ception in accordance with the Zoning
Ordinance, Article IV, Section 40g,i
Subsection C, for permission to painti
words "Bowl" and "Restaurant" on the
southerly roof of King's Lanes, east i
side Moore's Lane, Greenport, NewI
York.
COUNTY OF SUFFOLK
STATE OF NEW YORKt ss:
C. Whitney Booth, Jr, being duly sworn, says
that he is the Editor, of THE LONG ISLAND
TRAVELER - MATTITUCK 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 ................. : ...................... weeks
successively, commencing on the ........................................
day of ........... i..c:..~i,>...x/./...._/_ .....
19,...:/.'..
/
Sworn to before me this ........................ day of
..................... '~' Notary Pub~l~
£ Li
Not~=e of Hearing
Pursuant to Section 267 of the Town Law and the provisions
of the Amended BuXlding 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 Southold, aththe Town
Office, Main Road, Southold, New York, on April 16, 1964, on
the following appeals=
?=30 P.M. (E.S.T.}, upon application of Tredwell Abrams,
Sea Shell Marina, Southold, New York, for a s~ecial exception
In accordance with the Zoning Ordinance, ArticXe /V, Section
408, Subsection A, for permission to erect a third ground sign
at the Sea Shell Marina, south side Main Road, Greenport, New
York.
7~45 P.M. (E.S.T.), upon application of Frank Milowskt,
Front Street, Jamesport, New York, for recognition of access
in accordance with State of New York Town L~w, Section 280A.
Location of property~ private right of way, south side Main
Road, (Route 25), Mattituek, New York, b~unded north by private
road, east by Roy Schletn, south by J. Boutcher Est, west by
J. Boutcher Est.
8~00 P.M. (E.S.T.), upon application of Ann DeMarta,
5 Weldon Road, Co,mack, New York, for recognition of access in
accordance with State of New York Town Law, Section 280A.
Location of property: private road known as Park Place, east
side South Harbor Road, Southold, New York, bounded north by
M. Crane, east by E. H. Ford, south by L. Ford, west by Park
District.
Apr.! 2, 1964, J~y Ozdez of the
.M-1738 TOWN OF SOUTHOLD, NEW YORK
·APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO. ~¢~
TO THE ZONING BOARD Of APPEALS, TOWN OF SOUTHOLD, N. Y.
1, ~ Ann DeMaria . ~ YJel.d, on Road
Name of Appellant Street and Number
Cormnac k New York
......................................................................................................................... H~Y APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPL,CAT,ON FOR PERM,T NO ..................................... DA TED ..............
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
(~)
An~ DeMar ia
Name of Applicant for permit
of .~ Walden Road Commack New York
Street f~nd, N~u r)pbe r iMunic ipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
LOCATION OF THE PROPERTY Park Place Agricultural - Residential
(Private Road)Street Use District on Zoning Map
Map No. Lot No.
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.)
3. TYPE OF APPEAL Appeal is made herewith for
( ) A VARIANCE to the Zoning Ordinance or Zoning Map
(x) 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 (t/~) (has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No ................................. Dated ......................................................................
(x)
( )
( )
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
is requested for the reason that promises are situated on a private road adjacent to
land of Southold Park District, but access to ~nich is over a private
road known as Park Place and an additional private road known as t,temorial
Park Lane which extends to a further private road loading to South Harbor
Road.
]Mozu~t ZB! (Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIl~because other residents in the area have access over the
private road, and to deny applicant womld be to deprive her of thc
use of her property. Applicant proposes to construct a dwelling
house on said premises. (See copy of description attached) The
premises adjoin a public park on the Jest, but ~ave no access for
egress and ingress. Applicant's access is over and upon private
roads used by others and are suitable and adequate for such purpose.
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 others presently using the
private roads originally commenced using the same prior to the enact-
ment o£ the Zoning Ordinance; while other properties in the area have
a frontage of public highway.
3. The Voriance would observe the spirit of the Ordinance end WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because the area would continue to be used for
residential purposes and the protection of health, safety and general
welfare sould be adequately provided for. The granting of such access
would be a reasonable exception.
) ss ~.!~.~ ~... ..- ..........
cOUNTY OF ~uffelk )
ac~i fo Am~ DeMaria
Sworn to this ....lS.t .................................. day of ....... Fabr. ualy .............................. 19 ~
........... ....
M~!:GERY D. BURNS
Notar; : c, State of New York
[~! ~: , ; ,':arCh 30~
DESCRIPTION OF PREMISF~
ALL that tract or parcel of land situate, lying and being at ~outh
Harbor, Southold, in the Town of Southold, County of Suffolk and State
of New York, bounded and described as follows:
BEGINNING at a point marked by the intersection of the northerly
line of land of Somthold Park District with the southerly corner of
land of Crane and the westerly corner of the premises herein described;
running thence in a northeasterly direction along said land of ~ane
North 4~ degrees 2~ minutes 30 seconds East a distance of 106.12 feet;
running thence in a southeasterly direction a distance of 19.36 feet
and then in a southwesterly direction a distance of 8.0 feet, then again
in a southeasterly direction a distance of 100 feet; running thence South
4~ degrees 2~ minutes 30 seconds West a distance of 100 feet to land of
Southold ~ark District; running thence along said land of Southold Park
District North 22 degrees O~ minutes ~0 seconds West a distance of 120
feet to the point or place of beginning. Said premises for the purpose
of identification only being designated as lots nos. 4, ~ and 6 in Block
B on an unfiled map of subdivision property of John Lehr Estate, made by
Wallace H. Halsey, dated February 4, 1936.
TOGETHER with the rig~ht, in co~m~on with others, of ingress and egress
to and from said premises and to and from South Harbor Road over the areas
desi~ated on said map as Park Road and Memorial Park Lane to the northerly
terminus thereof and then over the existing ~ood Road northwesterly to
South Harbor Road, together with the right to connect with the existing
electrical utility lines.
FOH, M NO. 1
TOWN OF $OUTHOLD
B.UILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
Exam,ned
Approved ........................................ , 19 ........ Permit No .................................
D sopproved a?c .......
.......................(Build~ I~spector)
APPLICATION FOR B~ILDING PERMIT
Application No .............................
INSTRUCTIONS ,
a. This application must be completely filled in by typewriter or in ink and submitted in duplicate to the Building
Inspector.
b. Plot plan showing location of lot and of buildings on p remises, relationship to adjoining premises or public streets or
areas, and giving a detailed description of layout of property must bedrawn on thediagram which is part of this application.
c. The work covered by this application may not be commenced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such
permit shall be kept on the premises available for inspection throughout the progress of the work.
e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy
shall have been granted by the Building Inspector.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or
Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described.
The applicant agrees to comply with oil applicable laws, ordinances and regulations.
..................................
(Signature of applicant, or name, if a corporation)
(Address of applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder.
........... ..' ....................................................................................................................................
Name of owner of premises ....~ ......... : ....................................................................................................................
If applicant is a corporate, signature of duly authorized officer.
(Name and title of corporate officer)
1. Location of land on which proposed work will be done. Map No: ................. ~ ....... :...~..;.~ Lot No ..... ~ .....
Street and Number ...~....~..0.~......~Z..~S.....5out~.~r..~....,Sa~ho~d ...........................
Municipali~
2. State existing use and occupancy of premises and intended use and ~cupancy of proposed construction:
a. Existing use and occupancy ............ ~...~ ............................................................................................
b. Intended use and occupancy .~.~ ............................ . .......
3. Nature of work (check which appucaDle): New Building ...~ ........ Addition .................. Alteration ..................
Repair .................... Removal .................... Demolition .................... Other Work (Describe) ........................
4. Estimated Cost ..... ~/..~./..~.:.?..?. ............................... Fee ....'10~.01~ .........................................................................
(to be paid on filing this application)
5. if dwelling, number of dwelling units ........ ~ .................... Number of dwelling units on each floor ............................
If garage, number of cars ...... .~ ....................................................................................................................................
6. If business, commercial or mixed occupancy, specify nature .and extent of each type of use ................................
7. Dimensions of existing structures, if any: Front .......................... Rear ..........................Depth ..............................
Height ............................ Number of Stories .............................................................................................................
Dimensions of same structure with alterations or additions: Front ................................ Rear ................................
Depth ............................ Height ................................ Number of Stories ........................................
8. Dimensions of entire new construction: Front ......... /~...o.. ................ Rear ......... ..~...O. ............. Depth ...,,,~..~. ..................
Height ...... ./..~ ............. Number of Stories ........ / ........................
9. Size of lot: Front ..... /....~... .................. Rear .....'./..~..~ .............. Depth . ./..~/.~ .............................
10. Date of Purchase ................ Bl~.l~;P--ll~el'.....'lg~....Name of Former Owner ......... ~ZJ.:~II/*~,..,Ii~OZ,~ ....................
1 1. Zone or use district in which premises are s~tuated ....................... JL...~lJ.$:l; ........................................................
12. Does proposed construction violate any zoning law, ordinance or regulation? ......X/.O .............................................
13. Name of Owner of premises .~..~J~.d~.../~..¢Z~.,~../~g.....Address ~..~...~...~.~.../<'....G:~,....~.. .................. Phone No .....................
Name of Architect ...1~1~.0. ....... .~..8..~../...~...~ ............. Address ............................................ Phone No .....................
Name of Contractor ~.,',~...,~..,~..(~.~ ............. Address {~.4.~¢.'=~.....~ .......... Phone No.~..P..:~9.~.~.~6~''
PLOT DIAGRAM
Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from
property lines. Give street and block numbers or description according to deed, and show street names and indicate
whether interior or corner lot.
STATE Of NEW YORK, )
COUNTY Of ...~..~'t~.~..~.~ ........ ) S.S.
............................ .~..~.~l.....~.O.:].~/r~D ................................. being duly sWorr~, deposes and says that he is the applicant
(Name of individual signing application)
above named. He is the ............. .~..~.~.~.e.~ ...........................................................................................................................
(Contract0F, agent, corporate officer, etc.)
of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file
this application; that all statement, s,.~o~J¥~]~e~cl'-iE01t~lis application are true to the best of his knowledge and belief;
and that the work will be perform~"jj~,~k~ ~e¥~orth mn the apphcat,on filed therew th
Sworn to before me th s COm~ss~0n
............... day of ...................~-,~.~3~, .............. ,19..~1...
applicant)
~:~ ~'~"::~1 ;"~ ,\'~'~rr~v MAIN ROAD' STATE ROAD 25 SOUTHDLD, L.I., N.Y. ll9?l
"e"~3"-~-- -'- ~" TELEPHONE (516) 765-1809
APPEALS 8OARD ~
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS..IR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI January 6, 1983
Joseph D. Burruano, Esq.
39 Salem Road
Rockville Centre, NY 11570
Re: Appeal No. 3040
Dear Mr. Burruano:
With reference to our December 28, 1982 letter concerning
the private right-of-way known as "Lehr Lane," please consider
this letter a correction of the subparagraphs in that letter
indicating that the right-of-way shall be improved (in accord-
ance with the October 21, 1982 decision) and as follows:
(1) Improved a minimum length over the first 208 feet to
the subject parcel, and
(2) An additional length of either:
(a) the first 15 feet along the parcel in question if
this is the intended point of physical access for vehicles into
the premises to the structure, or
(b) along the parcel in question up to the driveway
which may be a further distance than (a) above, in order to permit
physical access to the [proposed] structure.
(3) Improved with a minimum width of 15 feet.
If you have any questions, please do not hesitate to call.
lk
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONI$,JR,
SERGE DOYEN, JR,
ROBERT J. DOUGLAS$
JOSEPH H, SAWICKI
$outholcl Town Board of Appeals
MAIN RDAD- STATE RI-lAD 25 =;0UTHOLD, L.I., N.Y, US?l
TELEPHONE (516} 765-1809
December 28, 1982
Joseph D. Burruano, Esq.
39 Salem Road
Rockville Centre, NY 11570
Re: Appeal No. 3040
Dear Mr. Burruano:
In response to your recent correspondence, this letter will
confirm that the access road in question, to wit, "Lehr Lane,"
which is also referred to as part of Private Road No. 9 as shown
on the enclosed copy of the Town's "Index of Private and Public
Roads" shall be improved in accordance with the decision rendered
October 21, 1982 and filed November 10, 1982 with the Town Clerk,
and as follows:
(1) Improved a minimum length over the first 208 feet to the
subject parcel, and
(2) An additional length of either:
(a) the first 15 feet along the parcel in question, or
(b) along the parcel in question up to the driveway which
may be a further distance than (a), above, in order to permit
physical access to proposed structure.
(3) Improved a minimum width of 15 feet.
We hope that this letter will be sufficient for your file.
Yours very truly,
lk
Enclosure
GERARD P.
CHAIRMAN
GOEHRINGER
Tel. SO 5-3385 - 3270
-=;OUTHE]LD FIF~E DEPARTMENT
9OUTHOLD, L. I.. N. Y.
April 9, 1964
Robert W. Gillispie, Jr.
Chairman, Southold Town
Board of Appeals
Southold, New York
Dear Mr. Gillispie,
I inspected this right-of-way known as PaMk Place and
find it very hazardous, there are several trees I fear we may
strike entering particually at night.
I recommend slightly widening and scraping road level,
before I would approve it.
Incidentally at the alarm of fire we attempt to go anywhere
and usually do.
Adolph G. ~'~sterlund
Chief Engineer
Southold Town Board o£Appeals
CORRECTED ACTION OF THE ZONING BOARD OF AP]CEIVED AND FILED B~
Appeal No. 3040
Application Dated September 27,
TO:
Joseph D. Burruano, Esq.
39 Salem Road
Rockville Centre, NY 11570
1982
Yrl~ SOUTHOLD TOW~
DATE"/'4g? HOUR
Town Clerk, Town of ~,
~oId
At a Meeting of the Zoning Board of Appeals held on October 21, 1982
the above appeal was considered, and the action indicated below was tak n
on your ~] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[ ] Request for Variance to the Zoning Ordinance Article , Section
[ ] Request for
The public hearing on this application was held on October 21, 1982.
Upon application of JOSEPH D. BURRUANO, 39 Salem Road, Rockville
Centre, NY 11570 for a Variance for approval of access pursuant to New
York Town Law, Section 280-a. Location: Ford's Road (Private Road #9),
Southold, NY; subject parcel bounded on the north, east and south by
Lavinia; southwest by Wittmer; west by Krupski, Comm. of Welfare, and
Crane; County Tax Map Parcel No. 1000-87-1-13.
The board made the following findings and determination:
By this application, appellant seeks approval of access over a
private right-of-way located off the east side of South Harbor Road,
extending 208 feet to the northwesterly corner of the parcel in ques-
tion and 112.49 feet along the northerly edge of this parcel.
Appellant's predecessor in title has been granted rights over this
right-of-way as indicated in deed dated January 27, 1972, recorded
at Liber 7099, cp 118, which right-of-way is referred to as "Lehr
Lane," and having an undefined width.
The purpose of this "corrected action" is to reflect the appro-
priate right-of-way as indicated in the previous paragraph hereof,
rather than a different right-of-way over which appellant's predecessor
in title has also rights over, as shown on the survey dated January 6,
1967, submitted with this application. This second right-of-way is
and has been referred to as "Old Woods Road," "Park Place," and "Pri-
vate Road No. 10," having a width of 25 feet, more or less. Appellant
has not requested approval of this alternative right-of-way known as
"Private Road No. 10" for access to the subject parcel.
Upon inspection of the right-of-way known as "Private Road No. 9,
the board finds same to have a good base, however, at the time of
inspecting same, part of the road was found to be covered with water
and to have several potholes. It is the opinion of the board that
the entire length of this road to and along the northerly part of
the subject parcel should be surfaced with two inches of stone blend
for sufficient access and that the hollows should be filled and
brought up to the existing grade.
(CONTINUED ON PAGE TWO)
DATED: November 4, 1982.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2 - Appeal No. 3040
Matter of Joseph D. Burruano
Decision Rendered October 21,
1982
In considering this appeal, the board determines the variance
request will not cause detriment to adjoining properties; that the
circumstances herein are unique; that the difficulty cannot be
obviated by a method, feasible to appellants, other than a variance;
that no adverse effects will be produced on available governmental
facilities of any increased population; that the relief requested
will be in harmony with and promote the general purposes of zoning;
and that the interests of justice will be served by allowing the
variance as indicated below.
On motion by Mr. Douglass, seconded by Mr. Grigonis, it was
RESOLVED, that Appeal No. 3040, application of JOSEPH D. BURRUANO
for approval of access, be and hereby IS APPROVED SUBJECT TO THE FOLLoW-
ING CONDITIONS:
1. That this access road must have maintained a width of not less
than 15 feet and be cleared of all trees, brush and other obstructions
to a minimum width of 15 feet;
2. This access road shall be improved as follows:
(a) All potholes shall be patched and brought up to the exist-
ing grade, and
.(b) The road shall be surfaced with a minimum depth of two
inches [2"] of packed 3/4-inch stone blend so as to afford suitable
access for emergency and other vehicles. Such stone blend may be
either applied to the ground surface and shaped, or the surface may
be excavated to permit the application of packed blend to a depth of
two inches.
-- 3. That this access road must be maintained at all times in good
satisfactory condition as stipulated above.
4. That this access road shall be inspected and approved as to
meeting the above requirements (by the Board of Appeals and/or its
road inspector).
5. That no certificate of occupancy shall be issued for the
construction of any buildings or structures, or any existing buildings
or structures, on the premises to which this access is referred until
all of the conditions set forth herein have been complied with.
Vote'of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis,
Douglass and Sawicki. This resolution was unanimously adopted.
-Chairman Board of A~peat~
~OHN L4-h~ ~