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November 26, 19'75
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Mr. Harry Bagl1 vi
Nassau Point Road.
iJUtchogue, New Y()rk 11935
Dear Mr. Baglivi:
The follow.1.ng action was taken by the Southold
Town Planning Bo,ard at. a regular meeting held November
17, 1975.
RESOLVED to approve the action of the Southold Town
Board of Appeals dated November 6, 1975 ,granting permission
to Harry and Lillian Bagl1vi to alter property line, as
applied for, subject to conditions set by them.
Yours truly,
"',,'
Muriel Brush, Secretary
Southold Town Planning Board
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TEL. 765-1802
TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
P.O, BOX 728
TOWN HALL
SOUTHOLD, N.Y. 11971
21 October 1982
Mr. Harry Baglivi
Nassau Point Road
Cutchogue, NY 11935
Dear Sir:
The property in question was divided (by Planning Board) on
June 23, 1969 while under the ownership of George Mathews.
These two lots were listed as lots #168 and lot #169, divided
they became lots 1-2-3-4.
,
From our conversation, I got the impression that this was the
condition when you purchased the entire property. Subsequently,
you sold:6fflot #4.
In 1971 the zoning code was updated, requiring a minimum of
40,000 sq. ft. or an acre of property in order to have a build-
able lot. At the time this did not effect your property as they
were pre-existing.
In 1975 you went to the Board of Planning, requesting a lot line
change on lots 3 & 2 so you would be able to build a house for
your daughter. This was granted.
After 1975 laws were enacted, Federal, State, etc. one of which
states that if property has been subdivided, and all parcels re-
main in the same name and said parcels are not developed within
three years, then said parcels will merge back i~to a single parcel.
On September 29, 1980 ycu applied to the Board of Appeals for per-
mission to put a swimming pool in your backyard (former lot #2).
You had been informed by the Building Department of what had hap-
pened to the property. You were informed, at the hearing, that
as one piece of property, you could put a swimming pool in what
would be considered the rear yard and you indicated the pool was
what you wanted. This was approved. You then (the same evening)
requested a variance to redivide the now merged one pi.ece of pro-
perty back to three lots and this was denied. The board did indi-
cate that although there are water problems among other things,
they might entertain building the property into two lots.
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At present, I would have to say that with the research done on this
Plot, you have one lot. Any ction you would care to ake in chang-
ing this status would require action from both the Planning Board
and the Board of Appeals.
Hoping this will clarify things, I remain.
SinC~relY ours,
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Victor Lessard
Executive Administrator
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TO
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Southold. N.Y. 11971
HENRY E. RAYNOR. Jr.. Chairman
FREDERICK E. GORDON
JAMES WALL
BENNETT ORLOWSKI. Jr.
GEORGE RITCHIE LATHAM. Jr.
TELEPHONE
765.1938
October 23, 1930
11r. Charles Grigonis, Chairman
Zoning Board of Appeals
Town Hall
Southold, New York 11971
Dear Mr. Grigonis:
The followinG action was taken by the Southold Town Planning
Board at a regular meeting held October 16, 1980.
RESOLVED that whereas the variance sought by Hr. Harry
Baglivi pertains to Hinor Subdivision :1'10 of George Matthews duly
approved and signed by the chairman of the Southold To~~
Planning Board that it deserves consideration as such.
Yours truly,
HENRY E. RAYNOR, JR., CHAIRll[AN
SOUTHOLD TO~N PLANNING BOARD
By Muriel Tolman, Secretary
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Southold Town Board of Appeals
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November 6, 1975
PUBLIC HEARING: Appeal No. 2089 - 8:30 P.M. (E.S.T.)
upon application of Harry & Lillian Baglivi, Nassau Point
Road, ,'Cutchogue, New York for a variance in accordance with
the Zoning Ordinance, Article III, Section 100-30 and Bulk
Schedule and Parking Schedule for permission to alter
property line. Location of property: Lots #3 and #2, Minor
Subdivision #10, east side of Wunneweta Road, Cutchogue, New
York. Fee paid $15.00.
THE CHAIRMAN: Is there anyone present here tonight
representing Mr. Baglivi?
MR. HARRY BAGLIVI: I am here to speak for the application.
THE CHAIRMAN: Before we open the hearing, I have a few
questions to ask. The Notice of Disapproval from the Building
Inspector states: "will change lot size as approved by Planning
Board in Minor Subdivision #10 - a Resubdivision of Map of
Nassau Point Properties - needs Planning Board approval as
well as Board of Appeals, Article III, Section 100-30 and Bulk
Schedule." No matter what action we take on it, you will also
have to see the Planning Board because they, originally, created
this minor subdivision. At the time we set this up for a hearing,
I did not understand that this was a minor subdivision.
MR. BAGLIVI: I brought a blown-up map of it... this is my
house, and here is the garage, and this is a gravel driveway. I
bought the property from Matthews. When I bought it the markers
were not in... this is Belgium Block. On a recent survey I find
that the markers go beyond the garage which would complicate
things in the event I want to sell or build. Theoretically, a
fence could be thrown up here which would terminate beyond the
garage. When I bought, Mr. Matthews said there were four
separate building plots. On the recent survey, the new markers
were put in and they go beyond the garage.
THE CHAIRMAN: What difference does it make?
MR. BAGLIVI: This is all Belgium Block... this is the parking
area and it's all gravel; it's heavily tree'd. I was not aware
of the 12 feet until I looked at the new survey. All I am asking
is that this line be moved.
THE CHAIRMAN: So you can use the Belgi~m Block?
MR. BAGLIVI: Not for that reason but in the event that I
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sold, I would not have to break up the driveway.
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Southold Town Board of Appeals
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November 6, 1975
THE CHAIRMAN: You bought a minor subdivision.
MR. BAGLIVI: Yes. There were no markers.
THE CHAIRMAN:
a lot line that you
you live on #168.
So what we are talking about is altering
own. You are using a garage on #169 and
Mr. Baglivi showed the Board a more recent survey. This
is my home, this is the garage, and this is the driveway which
terminates all the way at the end of the garage. So, I say if I
were to sell or build, somebody could put up a" fence starting
here and going across this garage.
THE CHAIRMAN:
I take it you don't plan to sell this lot.
MR. BAGLIVI: My daughter is being married soon and I might
build a home for her.
THE CHAIRMAN: The Planning Board is involved. Ordinarily,
we don't do things backwards like this.
HEARING CONT'D:
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.
Notification by Certified Mail was sent to the following:
Ruth B. Horowitz, 11-21 77th Road, Forest Hills, N. Y. and
Alexander Charles & Wf, 257 Aspen Street, Floral Park, N. Y.
THE CHAIRMAN: We have already discussed the problem. The
way Howard Terry explained it to me is that a portion of the
lot would be a triangle. It's just so you can get in and out
of the garage.
MR. BAGLIVI: There is another point. The house sits up
on top of the hill and there is no way of putting in a driveway.
This is all shrubbed in. You could not bring a car up.
I am not trying to sell the lot - and I am not trying to
make improvements in the hopes of selling the lot.
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Southold Town Board of Appeals
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November 6, 1975
THE CHAIRMAN: If you are going to continue to use this
driveway as long as your daughter owns this property , you
may be boxing yourself in.
MR. BAGLIVI: I would like to have partial protection.
I want to move it 12 feet to terminate at the end of the gravel.
THE CHAIRMAN: Is this projection with the swing-line
correct?
MR. BAGLIVI: No.
THE CHAIRMAN: I assume that covers everything you wish
to say at this time.
THE CHAIRMAN: Is there anyone present who wishes to
speak against this application?
MR. GEORGE CASE, Nassau Point Civic Association: His
proposal seems reasonable but I have a disagreement with Lot
#'s 3 and 2 which I know as #168 and #169. I would like to have
in mind just how many lots there are, and what area does it
cover?
MR. BAGLIVI: Originally there were four lots.
lot to Mr. Alexander. I now own three lots.
I sold one
THE CHAIRMAN: This is a minor subdivision created by the
Planning Board.
MR. FRED HULSE: The Planning Board put those numbers on
the lots - 1, 2, 3, 4.
(Mr. Case, Mr. Baglivi and the Board discussed the Map).
MR. CASE: I was concerned because, not knowing of this
Minor Subdivision #10, I thought one of these four lots had
been subdivided into Lots 1, 2, 3, and 4.
THE CHAIRMAN: Does anyone else wish to speak for or
against this application?
(There was no response.)
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Southold Town Board of Appeals
-12-
November 6, 1975
After investigation and inspection the Board finds that
applicant requests permission to alter property line on
property located. on east side of Wunneweta Road, Cutchogue,
New York. The findings of the Board are that applicant
wishes to preserve the entrance to his garage which is
located on Lot #1 of Minor Subdivision #10 as described on
Van Tuyl survey of June 16, 1967, and does not wish to have to
do away with 12 feet of his parking area. Applicant has
tentative plans to build a house for his daughter on Lot #3.
The Board agrees with the reasoning of the applicant but
also finds that this Action of the Board of Appeals must also be
subject to the approval of the Southold Town Planning Board
because the minor subdivision was created by the Planning Board.
The Board finds that strict application of the Ordinance
would produce practical difficulties or unnecessary hardship;
the hardship created is unique and would not be shared by all
properties alike in the immediate vicinity of this property
and in the same use district; and the variance will not
change the character of the neighborhood, and will observe
the spirit of the Ordinance.
On motion by Mr. Gillispie, see onded by Mr. Bergen, it was
RESOLVED, Harry & Lillian Baglivi, Nassau Point Road,
Cutchogue, New York be GRANTED permission to alter property
line, as applied for, on property located on the east side of
Wunneweta Road, Cutchogue, New York, subject to the following
conditions:
1. That the line between Lots #3 and #2 would be
moved, under this Action, 12 feet to the west and
parallel to the original line, increasing Lot #2
slightly, and decreasing Lot #3 slightly.
2. That this Action shall be subject to the approval of
the Southold Town Planning Board as this minor sub-
division was created by the Planning Board.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen,
Hulse, Doyen.
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Southold Town Board of Appeals
SOUTHOLD, L. I., N. Y. 119"71
Telephone 765-2660
APPEAL BOARD
MEMBER
Robert W. Gillispie, Jr., Chairman
Robert Bergen
Charles Grigonis, Jr.
Serge Doyen, Jr.
Fred Hulse, Jr.
November 14, 1975
Mr. John Wickham, Chairman
Southo1d Town Planning Board
Main Road
Southo1d, N. Y. 11971
Dear Mr. Wickham:
Re: Appeal No. 2089 - Harry & Lillian
Baglivi, Nassau Point Road,
Cutchogue, N. Y. - Lots #3 and #2,
Minor Subdivision #10.
A hearing was held for the above appeal on November 6,
1975. The Board of Appeals GRANTED permission to Harry &
Lillian Baglivi to alter property line, as applied for,
subject to the following conditions:
1. That the line between Lots #3 and #2 would be
moved, under this Action, 12 feet to the west
and parallel to the original line, increasing
Lot #2 slightly, and decreasing Lot #3 slightly.
2. That this Action shall be subject to the approval
of the Southold Town Planning Board as this minor
subdivision was created by the Planning Board.
The findings of the Board are that applicant wishes to
preserve the entrance to his garage which is located on
Lot #1 of Minor Subdivision #10 as described on Van Tuyl
survey of June IX'" 1967, and does not wish to have to do away
with 12 feet of his parking area. Applicant has tentative
plans to build a house for his daughter on Lot #3. The
Board agrees with the reasoning of the applicant.
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,Yo.. ,u,rs t~uly, O~ ~ fl" , /) y
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Marjoie McDermott
Secretary
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DEPARTMENT OF HEAL TH SERVICES
MARY C. MCL.AUGHLIN, M.D., M.P,H.
COMMISSIONER
March 2, 1977
MAR 4 REC'O
Ms. Mary E. Dawson, Secretary
Southold Town Board of Appeals
Southold, NY 11971
Dear Ms. Dawson:
Your letter of 2/28/77 to Mr. Robert Villa of this office has been
referred to me.
The Department of Health Services has conducted several surveys of
the Nassau Point area, the most detailed of which resulted in the
1971 report which we have enclosed for your reference.
I have also enclosed a copy of the most recent samplings performed
in 1975. While no statistical comparison can be drawn between these
samples and those summarized in the survey report, the results do
demonstrate that the same basic quality problems still persist. The
conclusions drawn in the 1971 report therefore are still pertinent.
One point of clarification should be made with respect to the most
recent samples. The analysis for these samples was expanded to in-
clude copper and zinc. The presence of copper and zinc indicates the
occurrence of corrosion of copper and galvanized piping, respectively.
Such corrosion is, in turn, due to the natural acidity of Long Island
ground water. The presence of these corrosion products are not
thought to represent a health hazard, although aesthetic effects may
occur.
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Should you have any questions, or if we may be of further assistance,
feel free to contact this office.
rs,
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~27; east by A. Shames and the
~ain Road (Route 25); west by
Health Engineer
Rlication of Williams Contracting,
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COUNTY CENTER
RIVERHEAO, NEW YORK 11901
(516) 727-4700
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