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HomeMy WebLinkAbout1000-22.-3-5 Southold, N.Y. 11971 HENRY E. RAYNOR, Jr., Chairman FREDERIC"[ 2. CC2DCN JAMES WALL BENNETT ORLOWSKI. Jr. GEORGE RITCHIE LATHAM. Jr. William F. Mullen, Jr. TELEPHONE 765- 1938 May 17, 1982 Mr. Irving L. Price, Jr. Attorney at Law 828 Front Street Greenport, New York 11944 Re: Armand Bartos Dear Mr. Price: The following actions were taken by the Southold Town Planning Board, Monday, May 10, 1982: RESOLVED that the Southold Town Planning Board declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the minor subdivision of Eva & Armand Bartos, Jr., located at East Marion. An initial determination of nonsignificance has been made. RESOLVED that the Southold Town Planning Board withdraw their resol- ution deted April 26, 1982 regarding the minor subdivision of Eva & Armand Bartost Jr., located at East Marion. RESOLVED that the Soughold Town Planning Board grant a set-off (106-13) on the map entitled Eva & Armand Bartost Jr.t dated July 14, 1981, located at East Marion subject to the following conditions within six (6) months from date of resolution: The existing road in the 8.25 right-of-way be upgraded with three inches of bankrun sand and gravel for a width of 8.25 feet. Receipt of a copy of the Covenants and Restrictions filed with the County Clerk, stating no further sub- divisions on this property to be held in perpetuity. 3. Receipt of six (6) final copies of the subdivision map. Mr. Irving L. ~e, Jr. pg. 2 May 17, 1982 If you have any questions concerning those actions taken by this Board, please do not hesitate to contact this office. Yours very truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary HENRY E. RAYNOR, Jn. Ch~irm~ JAMES WALL BENNETT ORLOWSKI,$r. GEORGE RITC~E LATHAM, Jr. William F. Mullen, Jr. Southold, N.Y. 11971 TELEPHONE 765- 1938 April 27, 1982 Mr. William H. Price 828 Front Street Greenport, New York Re: Armand Bartos Dear Mr. Price: 11944 At a regular meeting of the Southold Town Planning Board, Monday, April 26, 1982 the following action was taken: RESOLVED that the Southold Town Planning Board qrant a set-off (106-13) on the map entitled Eva & Armand Bartos~ Jr., dated July 14, 1981, located at East Marion subject to the following conditions within six (6) months from date of resolution: Compliance with the Town Engineer's recommendation in road report #206, dated November 27, 1981, "That the existing road in the 8.25 right-of-way be upgraded with 3" of bankrun sand and gravel for a width of 9'. Receipt of a copy of the Covenants and Restrictions filed with the County Clerk, stating no further sub- divisions on this property to be held in perpetuity. 3. Receipt of six (6) final copies of the subdivision map. Yours very truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary DECLARATION made this ~ day of J~ 1982, by ARMAND % BARTOS, JR., residing at 407 East 91st Street, New York, New York 10028, hereinafter called the "Owner" WHEREAS, the "Owner" has title %o certain land situate, lying and being at East Marion, in the Town of Southold, County of Suffolk and State of New York, said' l~.nd hereinafter being more par- ticula~ly described; and WHEREAS, it is the "Owner"'s intention that the aforesaid lands be subdivided into a minor subdivision consisting of not more than two (2) residential lots; NOW, THEREFORE, the following described land shall be restricted as hereinafter set forth: ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, sit- uate, lying and being at East Marion, Town of Southold, County of Suffolk, and State of New York, being bounded and described as follows: BEGINNING at a point on the northerly side of Main (State) Road where such road is intersected by a 8.25 foot right of way, which 8.25 foot right of way runs along the westerly side of land of Cowan, Ketcham, Matthews and King to a point where such 8.25 foot right of way broadens to a 16 foot right of way at the northwest corner of land of King which such 16 foot right of way then runs along the easterly side of lands now or formerly of the K. Schafer Estate and along lands of Latham to a point where the northerly line of a 20 foot right of way running in a southwesterly direction and which northerly line of the 20 foot right of way intersects the westerly line of the 16 foot right of way, which point of intersection is the actual place and point of beginning; RUNNING THENCE South 57° 05' 50" West a distance of 79.88 feet to a point; RUNNIN~ THENCE South 12° 22' 40" East 21.36 feet; RUNNING THENCE South 57° 05' 50" West 267.60 feet; RUNNING THENCE along lands now or formerly of C. C. Cook and another the following four (4)' courses and distances: (1) North 09° 11' 10" West 90.85 feet; (2) North 12~ 44' 30" West 139.40 feet; (3) North 08° 11' 20" West 222.72 feet; .(4) North 10° 24' 00" West 118.31 feet; RUNNING THENCE North 77~ 57' 00" East. 310.98 feet; RUNNING THENCE the followiDg three (3) courses and distances along the above mentioned 16 foot right of way: (1) South 11~ 58' 30" East 111.14 feet; (2) South 10~ 37' 30" East 225.46 feet; (3) South 11° 06' 20" East 89.15 feet to the point or place of BEGINNING. SUBJECT TO a 20 foot right of way running along the most southerly portion of the above described property. Declarant does hereby warrant, covenant and represent that approval of the aforesaid described land as a minor subdivision by the Planning Board of the Town of Southold, no further application will be made to that Board or to any other Board in the Town of Southold to further subdivide any of the lots set forth in said minor subdivision owned by Declarant into additional building lots. Declarant does hereby further warrant, covenant, and repre- sent that the aforedescribed land within the minor subdivision cannot be subdivided into more than two (2) building lots. Declarant does hereby further warrant, covenant and repre- sent 'that the foregoing restrictions and agreements shall bind the undersigned, his heirs, successors and assigns, and any and all person or persons who shall succeed to the ownership of the aforedescribed premises in said minor subdivision by transfer or otherwise. -2- 57 IN WITNESS WHEREOF, the declarant does here~by cause his hand and seal to be affixed this -, day of "' ~ 1982. Ar~and Bartos, Jr. STATE OF NEW YORK) : COUNTY OF ~ YORK) SS.: On the.'~-. day of.~?="f' , 1982, before me personally came ARMAND BARTOS, JR. to me known to be the individual described in and who executed the foregoing declaration, and acknowledged that he executed the same. .~NOt ary Public i~OTARY PUBLIC, ~ate of New -3- APPEALSSOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES DRIGONI$,JR. SERGE DOYEN, JR, ROBERT J, DOUGLASS JOSEPH H. SAWICKI MAIN Ri-lAD- STATE RE'AD 25 of Appe SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-18 TO: FROM: DATE: SUBJECT: Vic Lessard, Administrator Building Department Jerry Goehringer January 31, 1983 Armand Bartos Ri.ght-of-Way - N/S Main Road, East Marion Appeals No. 1843 and 1239 Pursuant to your request of January 21st, please be advised that we have inspected the right-of-way in question, which has been the subject of a minor subdivision before the Planning Board since May 17, 1982. It is our recommendation that this right-of-way: (1) at the 8.25 width be leveled with a 2" mixture of bankrun and gravel to bind and consolidate existing materials; (2) at the 16' width, be cleared to a minimum width of 12 feet; (3) at the 16' width, be leveled with a 2" mixture of bankrun and gravel to bind and consolidate existing materials a width of 12 feet; (4) the potholes be filled; (5) the entire length of the right-of-way should be cleared a height of 12 feet. HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 NEGATIVE DECLARATION September 20, 1982 TELEPHONE 765-1938 Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review Act and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board as lead agency for the action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION The minor subdivision of Eva & Armand Bartos, Jr. is a two- lot subdivision located at East Marion. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significa~% adverse effects to the environment were likely to occur should the project be implemented as planned. Because there has been no response in the allotted time from the New York State Department of Environmental Conservation it is assumed that there is no objection nor comments by that agency. The Suffolk County Department of Health Services has indicated its agreement with the lead agency designation. A precursory review indicates that conditions are suitable for individual sewage disposal systems and individual water supply. The project will meet all the requirements of the Code of the Town of Southold Subdivision of Land Regulations. Further information can be obtained by contacting Mrs. Susan E. Long, Secretary, Southold Town Planning Board, Main Road, Southold, New York 11971 Copies mailed to the following: Robert Flack, DEC Commissioner NYS, DEC at Stony Brook Suffolk County Dept. Health Services Suffolk County Planning Commission William R. Pell, III William H. Price, Jr., Esq. HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 TELEPHONE 765-1938 August 24, 1982 Mr. William H. Price, Jr. Attorney at Law 828 Front Street Greenport, New York 11944 Re: Armand Bartos, Jr. Dear Mr. Price: Enclosed please find correspondence forwarded to the Zoning Board of Appeals regarding action taken by this board at our meeting of August 18, 1982. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD Enc. By Susan E. Long, Secretary HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSK/, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. T0~N OE SOUTH~J~D SUE. FOLK .C. OUN~,Y Southold, N.Y. 11971 TELEPHONE 765-1938 August 24, 1982 Mr. Gerard P. Goehringer Zoning Board of Appeals Southold Town Hall Southold, New York 11971 Re: Armand Bartos Dear Mr. Goehringer: The following action was taken by the Southold Town Planning Board at their regular meeting August 18, 1982. RESOLVED that the Southold Town Planning Board forward all corres- pondence to the Zoning Board of Appeals in regard to reports and improvements on the right of way to the property of Armand Bartos, Jr.~ located at East Marion, as it falls within their jurisdiction. Enclosed please find report #206 and #234 submitted to this office by Inspector John Davis. Enc. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By SusanUE. Long, Secret~ AUG 1 R£ 'D Henry E. Raynor, Jr., Chain~n Southold To~m Planning ~oard REPCRT NO. 25h FROM: John W. Davis DA~E: Aug~mt 17, 1982 CC ~ :EN TS: I inspected the road material recently placed in the 8.2~ ft. width R.O.W. ~his material is a mixture of sand and small gravel. It bas considerably mor~ sand than gravel and hardly any loam. Traffic h~ m_~tted this mixture ~lmost down to ~ne original surface leaving the center and edges of ~he road high. A bank run sand and gravel r~.terial ~.zith enough loam to bind an~ consolidate the ssmd and gravel should have been used. As noted in your letter of August ~th~ (comments by property owners), bicycle and motor bi~ traffic orobably could not use this section of road in its present conditLon. ! could not see ar~ drainag~problem in ~he 8.25 R.O.W. '~.Yas advised by ~m adjacent property owner that the material used in the road came from the La,ham Sandpit. He did not knm~ who olaced it. I' ~poears that some of the sa~ material was used in +he 16 ft. R.O.~;. about to the above-mentioned sandpit. This ro=~d ~s not, rutted and al!though the top layer 1''+- is loose, it is in pre~ty good condition, b~r report No. 206~ did not call for or4v additions_l material on *_,he road in +he 16 ft. %g_dth R.O.~,~. ghe road in the narrow R.O.W. coul~ be corrected by reshaping the s~nd and gravel~ placing a layer of loam at sa~ l" or more depth and thorougb_ly m~x it %rith the other materials. HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. I1971 TELEPHONE 765-1938 August 4, 1982 Mr. John Davis Sterling Road Cutchogue, New York 11935 Re: Armand Bartos Right-of-Way Dear Mr. Davis: Our office has been contacted by two landowners, Mrs. Kenneth Ketcham and Mr. Robert Long, whose property abuts the right- of-way to the above captioned property. They stated objection to the improvements made on this right- of- way, Monday, August 2, 1982, which was reported as remov- ing sand from Latham's Sandpit and spreading it on the exist- ing hard-packed road. Concern was also expressed about possible runoff of rain water onto their property and the difficulty bicycles and motor operated bikes will have due to the sandy mixture used. As a result, we would request that you inspect this area and report your findings to this board so that we respond to the above complaints. Thank you for your cooperation. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary DEPARTMENT OF HEALTH SERVICES COUNTY OF SUFFOLK PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE JUL 2 ? DAVID HARRIS. M.D.. M.P.H. COMMISSIONER July 21, 1982 Southold Town Planning Board Southold Town Hall Southold, N.Y. 11971 Attention: Henry E. Raynor, Jr. Chairman, Planning Board RE: Minor Subdivision of Eva & Armand Bartos, Jr. East Marion (.T) Southold Dear Mr. Raynor: We are in receipt of your letter dated July 13, 1982. This Department has no objection to your designation as lead agency. A precursory review of the above referenced minor subdivision indicates that conditions are suitable for individual sewage disposal systems and individual water supply. Very truly yours, Royal R. Reynolds, P.E. Public Health Engineer General Engineering Services RRR:ljr COUNTYCENTER RIVERHEAD. N.Y11901 548-3318 HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 TELEPHONE 765-1938 July 13, 1982 Environmental Analysis Unit DEC, Building 40, Room 219 SUNY Stony Brook, New York 11794 Gentlemen: Enclosed find a completed Short Environmental Assessment Form and a copy of the map of the minor subdivision of Eva & Armand Bartos, Jr., located at East Marion. This project is unlisted and an initial determination of non-significance has been made. We wish to coordinate this action to confirm our initial determination in our role as lead agency. May we have your views on this matter. Written comments on this project will be received at this office until July 27, 1982. We shall interpret lack of response to mean there is no objection by your agency in regard to the State Environmental Quality Review Act. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD Enc. cc: Dept. of H~alth Services By Susan E. Long, Secretary IRVING L. PRICF. JR. July 12, 1982 Southold Town Planning Board Main Road Southold, New York 11971 Re: Minor Subdivision Made for Armand Bartos at East Marion Gentlemen: In accordance with your letter dated May 17, 1982, I enclose herewith: 1. Copy of Covenants and Restrictions which have been recorded in the Suffolk County Clerk's Office in Liber 9200 page 55 2. Six (6) copies of Minor Subdivision Map If you have any questions, please do not hesitate to contact me. Very ~ruly yours, ILP:kam Enclosures IRVING L. PRICF~ JR. ATTORNEY AT LAW April 30, 1982 Planning Board-Town of Southold Main Road Southold, New York 11971 Re: Bartos Set-off East Marion, N.Y. Gentlemen: I am writing this letter in reply to yours of April 27, 1982. It addresses specifically the condition that the existing road in the 8.25 foot right of way be expanded with 3" of bankrun sand and gravel for a width of 9 feet. I quote the easement as described in deed to Armand Bartos, Jr., Applicant, from George C. Cook, Jr. dated April 15, 1970 and recorded in Liber 6732 cp 537 in the Office of the Clerk of Suffolk County, to wit: "TOGETHER WITH an easement for purposes of ingress and egress over the 16 foot right of way which borders the DroDert¥ involved herein on the West and also over the 8.25 foot right of way which becomes a continuation of the 16 foot right of way. This combined right of way reaches the main road." Thus, it is legally impossible to comply with the 9 foot requirement. Since you impose an illegal condition and since this 8.25 foot right of way has been approved many times and is presently being used by applicant and others, we would appreciate your amending the Town Engineer's rec- ommendation to the legal 8.25 feet. Thanking you in advance for your courtesy, I remain ILP:kam Very truly yours, ATTORNEY AT LAW 828 FRONT STREET GP-,,E.E~PORT, N.Y. 11944 Phone (516) 477-1016 March 23, 1982 Southold Town Planning Board Southold Town Hall Main Road Southold, New York 11971 Re: Armand Bartos, Jr. Minor Subdivision at East MariOn Gentlemen: Please be advised that I have contacted Mr. Frank B. Cowan, Mr. and Mrs. Kenneth M. Ketcham, and Mr. Robert J. Long. I am enclosing herewith a copy of the reply from Mr. and Mrs. Kenneth Ketcham and Margaret R. Cowan concerning not giving Mr. Bartos the property to expand the right of way. Based upon the flat refusal of some of the property owners, I feel that a good faith effort has been made to attempt to expand the right of way. However, the expansion is impossible. Therefore, it is respectfully requested that the Southold Town Planning Board approve the subject application without the modifications suggested by Mr. John Davis. Very truly yours, William H. Pric~, Jr. WHP:kam Enclosures cc : Mr. armand Bartos, Jr. d February 22, 1982 William M. Price &%$orney at Law 828 ~ront Street Greenpor~, New York 11944 Dear ~r. Price,' We, the undersigned, hereby refuse to sell any of our property to Nr. Armand Bartos, Jre Nargaret R. Oowan ~-~a~lCr L. J~ester, Jr. HENRY E. RAYNOR..Ir.. Chairman JAMES WALL BENNETT ORLOWSKI, ,Ir. GEORGE RITCHIE LATHAM, Jr. William F. Mullen, Jr. Southold, N.Y. 11971 TELEPHONE 765- 1938 January 20, 1982 Mr. William H. Price, Jr. 828 Front Street Greenport, New York Re: Armand Bartos Dear Mr. Price: The Planning Board discussed your letter of December 11, 1981 at our regular meeting held on January 18, 1982. It was the concensus of the board to request that a diligent effort be made to expand the existing right of way, from the property owner(s), thus complying with the recommendations stated in road report #206. Yours very truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary December 11, 1981 Planning Board Town of Southold Main Road Southold, New York 11971 Re: : Armand: ~a:rtos:, Jr:. Gentlemen: I am in receipt of your letter of December 9, 1981 together with copy of road report ~206. Please be advised that Armand Bartos, Jr. cannot comply with the recommendations of Mr. Davis because he does not own the property upon which the right of way is located. Mr. Bartos merely has the right to pass and repass over that particular property. Mr. Bartos cannot unilaterally expand the right of way as recommended. Therefore, I would appreciate you reconsidering this matter. The most that Mr. Bartos could do would be to actually expand the right of way to its full 8.25 feet. Very truly yours, WHP:kam cc : Mr. Armand Bartos, Jr. HENRY E. RAYNOR, Jr.. Chairman JAMES WALL BENNETT ORLOWSKI. Jr. GEORGE RITCHIE LATHAM. Jr. William F. Mullen, Jr. Southold, N.Y. 11971 TELEPHONE 765- 1938 December 9, 1981 Mr. William H. Price 828 Front Street Greenport, New York 11944 Re: Armand Bartos Dear Mr. Price: Enclosed please find a copy of the road report #206 for the above captioned property. The board requests compliance with the recomen- dations as stated so that we may proceed with this subdivision. If you have any questions, please contact this office. Yours very truly HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary Enc. ~: Henry E. Raynor, Jr., Chair~an Sou+d~old Town Planning Board FROM: John W. Davis Report ~.~o. 206 Date: l'~ov~ber 27, 1981 Re: Armand Bartos :,iinor Subdivision at East, ~,~arion Access Road from St~te Hwy. to Lot '~ .~o. I O0).~,~EN~S: ~he Van 1~yl mlrvey of the subdivision also sho~ a R.O.W. ~rom the State Hwy. to the end of the property (Lot No. lt. The first 370 ft.~: shows a R.O.W. width of 8 ft. The remaining R.O.W. length 2325 ft.~ shows a width of 16 ft. Van Tayl has certified surveys for other pro)~er.ty owuers along +he 8 ft. R.O.W. indicating the width to be 8.25 ft. or one half a rod. ~here is some fencing and LTLCO ooles on the right side and also pole cutoffs on the left side. Measured d~stances between the LILCO poles and fences on the righ~ and oole cutoffs on the left are 10.5 ft. at the entrance, lO.O ft. and 11.5 ft. at two other locations. the existing road in the 8.25 R.O.W. is 7 ft~ in ~idth with some stabilization. Making turns into this narrow road from the State H~y.,even with clearances of about l0 ft. between obs+acle~ would be difficult rcm some types of emergency vehicles. 1he s~me roadway in the 16 ft. R.O.W. is 8 ft. to 9 ft. in width snd is stabilized with sand and gr~vel all. the way to the end of *he subdivis'~on. ~e profile follow~ the natural contours with no evidence of any drainage problems, q)~ere are a few minor depressions throughout this length. ~hJs section of the existing r~d anpears to be satisfactory for emergency v~hicles and the s~all amount of ~raffic vhat will use it. R~O~.[EN~DA TION$: T~at ~he 8.25 f~. R.O.W. be widened ~o 16 ft. to conform wi~h ~he rest of the R.O.W. ~at the existing road in +he 8.25 ft. R.O.W. be upgraded ~i~h 3" of ban~{~n sand and gravel for ~ width of 9 ft. PLANNING BOARD '['!)WN OF ! ~ UFF()LK COUNTY HENRY E. RAYNOR, ,Ir.. Chaffman JAMES WALL BENNETT ORLOWSKI, Jr GEORGE RITCHIE LATHAM ,Ir William F. Mullen, Jr. Southold, N.Y 11971 TELEPIIONE 765- I92~q November 25, 1981 Mr. John Davis Sterling Road Cutchogue, New York 11971 Dear Mr. Davis: We request that you inspect the access road to the property of Armand Bartost located at East Marion, and report your comments and recommendations for any necessary improvements to this board. Yours very truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretdi~3~ cc; William Price, Esq. November 19, 1981 Southold Town Planning Board Main Road Southold, New York 11971 Re: Application of Armand Bartos, Jr. for Minor Subdivision at East Marion, NeW York Gentlemen: In respect to the decision dated November 9, 1981 in this matter, please forward to me a copy of the Planning Board's road specifications. Thank you for your cooperation in this matter. Very truly yours, William H. Price, Jr. WHP:kam HENRY E. RAYNOR, Jrt. Chairman JAMES WALL BENNETT ORLOWSKL Jr. GEORGE RITCHIE LATHAM. Jr. William F. Mullen, Jr. Southold, N.Y. 11971 TELEPHONE 765-1938 Novembe~ 10, 1981 Mr. George Fisher Sr. Building Inspecgor Southold Town Hall $outhold, New York 11971 Dear Mr. Fisher: At a regular meeting of the Southold Town Planning Board, Monday November 9, 1981 the following action was taken: RESOLVED that the subdivision entitled "Armand Bartos", located at East Marion, be processed as a "set-off" (106-13) with a provision that access be improved, to the Planning Board's specifications, and covenants and r~strictions stating no further subdivisions be filed with the count~ clerk and held in perpetuity. Yours very truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary cc: William Price Board of Appeals HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI. ,Ir. GEORGE RITCHIE LATHAM, Jr. William F. Mullen, Jr. P D T~~LD $outhold. N.Y. 11971 TELEPHONE 765-1938 Mr. William H. Price, Jr. 828 Front Street Greenport, New York 11944 October 13, 1981 Dear Mr. Price: Enclosed please find a receipt from the Town Clerk's office in the amount of $ 50.00 for the filing fee of Armand Bartos minor sub- division, located at East Marion. Yours very truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary Enc. ATTORNEY AT LAW 828 FRONT STREET GRFJ~NPORT, N.Y. 11944 OCT October 6, 1981 Planning Board Town of Southold Southold Town Hall Main Road Southold, New York 11971 Re: Application of Armand Bartos, Jr. for Minor Subdivision at East Marion, NeW York Gentlemen: On August 31, 1981, I appeared before you on behalf of Mr. Armand Bartos, Jr. To date, I have not received a decision. I would appreciate if you would advise me of the status of the subject application. Very truly yours, WHP/dg cc: Mr. Armand Bartos, Jr. WILLIAM H. PRICE, JR. APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town Planning Board, and represents and states as fOllows: 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) Minor Subdivision of Armand 2. The name of the subdivision is to be .................................................... 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: Liber 6732 Page 537-540 On 4./.22/70 ...; Liber Page On · Liber ........................ Page ...................... On ........................ ; Lib P O · er ........................ age ...................... n ........................ , Liber ........................ Page ...................... On ........................ ; as devised under the Last Will and Testament of ........................................ or as distributee ........................................................................ 5. The area of the land is . ..6.:6..7.3. ....... acres. 6. All taxes which are liens on the land at the date hereof have been paid~.x~log .......... 7.The land is encumbered by . ..n-O' ......................................................... mortgage (s) as follows: (a) Mortgage recorded in Liber ............ Page .................... in original amount of $ ................ unpaid amount $ ................ held by .......................... .......................... address ...................................................... (b) Mortgage recorded in Liber ............ Page .................... in original amount of $ ................ unpaid amount $ ................ held by ........................... .......................... address ...................................................... (c) Mortgage recorded in Liber ............ Page .................... in original amounl of $ ................ unpaid amount $ ................ held by ........................... .......................... address ...................................................... 8. There are no other encumbrances or liens against the land:~xtml~g ........................ "A" Residential/Agricultural 9. The land lies in the following zoni,ng use districts ...................................... I0. No part of the land lies under water whether tide water, stream, pond water or otherwise~e~i 11. The applicant shall at his expense install all required public improvements. 12. The land:~ll~t~ (does not) lie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is .............................................................. 13. Water mains will be lai.d by Not Applicable and (a) (no) charge will be made for installing said mains. Not Applicable 14. Electric lines and standards will be installed by ......................................... .................................... and (a) (no) charge will be made for installing said lines. 15. Gas mains ~vill be installed by Not Applicable and (a) (no) charge will be made for installing said mains. 16. If streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County Highway system, annex Schedule "B" hereto, to show same. 17. If streets sho~vn on the plat are claimed by the applicant to be existing public streets in the To~vn of Southold Highway system, annex Schedule "C' hereto to show same. 18. There are no existing buildings or structures on the land which are not located and shown on the plat. 19. Where the plat shows proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. 20. In the course of these proceedings, the applicant xvill offer proof of title as required by Sec. 335 of the Real Property Law. 21. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex Schedule "D". 22. The applicant estimates that the cost of grading and required public improvements will be $ .......... as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at ............ years. The Performance Bond will be written by a license(l surety company unless otherwise shown on Schedule '°F". Not Applicable DATE ............. ~..C~.~ Armand Bartos, Jr. (Name of Applicant) (Signature and ~, Esq. 828 Front Street, Greenport, N.Y. 11944 (Address) SUFFOLK STATE OF NEW YORK. COUNTY OF ................................... ss: On the ..~..rJ....~... ..... day of ... July 19. 81 before me personally came William H. Price, Jr. ............................................ to me known to be the individual described in and who he executed the foregoing instrument, and acknoxvledged that .............. executed the same. Iii~pT~u~A'MAZT-AFERRO i~, State of New Y41~ No. 52-4657582 Notary Publi~l ' ~ STATE OF NEW YORK, COUNTY OF .................................. ss: On the .................. d~ay .............. of ........... 19 ....... before me personally came ................................................ to me known, who being by me duly sworn did de- pose and say that ............ resides at No ..................................................... ................................................ that .......................... is the .......... the corporation described in and which executed the foregoing instrument; that ............ knows the seal of said corporation; that the seal affixed by order of the board of directors of said corpor- ation, and that ............ signed ............ name thereto by like order. Notary Public SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and being at East Marion, Town of Southold, County of Suffolk, State of New York, being described property and bounded and described as follows: BEGINNING at a point on the northerly side of Main (State) Road where such road is intersected by a 8.25 foot right of way, which 8.25 foot right of way runs along the westerly side of land of Cowan, Ketcham, Matthews and King to a point where such 8.25 right of way broadens to a 16 foot right of way at the northwest corner of land of King which such 16 foot right of way then runs along the east side of lands now or formerly of the K. Schafer Estate and along lands of Latham to a point where the northerly line of a 20 foot right of way running in a southwesterly direction and which northerly line of the 20 foot right of way intersects the westerly line of the 16 foot right of way, which point of intersection is the actual place and point of beginning RUNNING THENCE South 57° 05' 50" West a distance of 79.88 feet to a point; RUNNING THENCE South 12° 22' 40" East 21.36 feet; RUNNING THENCE South 57° 05' 50" West 267.60 feet; RUNNING THENCE along lands now or formerly of C. C. Cook and another the following six (6) courses and distances: (1) North 09° 11' 10" West 90.85 feet; (2) North 12° 44' 30" West 139.40 feet; (3) North 08~ 11' 20" West 222.72 feet; (4) North 10° 24' 00" West 147.50 feet; (5) North 09° 39' 30" West, 220.39 feet; (6) North 10° 10' 10" West 158.30 feet; RUNNING THENCE North 69~ 52' 30" East 210.79 feet; RUNNING THENCE North 75° 12' 50" East 88.17 feet; RUNNING THENCE the following six (6) courses and distances along the above-mentioned 16 foot right of way: (1) South 13° 27' 40" East 174.63 feet; (2) South 11~ 15' 10" East 99.97 feet; (3) South 10~ 39' 10" East 151.92 feet; (4) South 11~ 58' 30" East 126.14 feet; (5) South 10~ 37' 30" East 225.46 feet; (6) South 11~ 06' 20" East 89.15 feet to the point or place of BEGINNING. SCHEDULE "D' PROPOSED D,~::' CONSULT YOUR LAWYER BEFORE S~NG THIS INSTRUMSNT -THIS INSTRUMENT SI~LD BE USED BY LAWYERS ONLY THIS INDENTURE, made the day of , nineteen hundred and BETWEEN ARMAND BARTOS, JR., residing at 133 Avondale Road, Ridgewood, New Jersey 07450 party of the first part, and party of the second part, WITNESSETH, that the party of the first part, in consideration of TEN ( $10.00 ) .................................................. dollars. lawful money of the United States, and other good and valuable consideration paid 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 being~l~ at East Marion, Town of Southold, County of Suffolk, and State of New York, being bounded and described as follows: BEGINNNING at a point on the northerly side of Main (State) Road where such road is intersected by a 8.25 foot right of way, which 8.25 foot right of way runs along the westerly side of land of Cowan, Ketcham, Matthews and King to a point where such 8.25 foot right of way broadens to a 16 foot right of way at the northwest corner of land of King which such 16 foot right of way then runs along the easterly side of lands now or formerly of the K. Schafer Estate and along lands of Latham to a point where the northerly line of a 20 foot right of way running in a southwesterly direction and which northerly line of the 20 foot right of way intersects the westerly line of the 16 foot right of way, which point of intersection is the actual place and point of beginning; RUNNING THENCE South 57° 05' 50" West a distance of 79.88 feet to a point; RUNNING THENCE South 12° 22' 40" East 21.36 feet; RUNNING THENCE South 57° 05' 50" West 267.60 feet; RUNNING THENCE along lands now or formerly of C. C. Cook and another the following four (4) courses and distances: (1) North 09° 11' 10" West 90.85 feet: (2) North 12° 44' 30" West 139.40 feet: (3) North 08° 11' 20" West 222.72 feet; (4) North 10° 24' 00" West 118.31 feet; RUNNING THENCE North 77° 57' 00" East 310.98 feet; RUNNING THENCE the following three (3) courses and distances along the above mentioned 16 foot right of way: (1) South 11° 58' 30" East 111.14 feet; (2) South 10° 37' 30" East 225.46 feet; (3) South 11° 06' 20" East 89.15 feet to the point or place of BEGINNING. SUBJECT TO a 20 foot right of way running along the most southerly portion of the above described property. TO(IETltER with all fight, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOC, ETi-IER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO I'IAVI~ AND TO i'IOLD 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. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IH WITHES WlrlEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: Armand Bartos, Jr. STATE OF NEW YORK, COUNTY OF On the day of personally came 19 SS: , before me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. .STATE OP NEW YORK, COUNTY OF SS: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the ; of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. STATE OF HEW YORK, COUNTY OF On the day of personally came 19 SS: , before me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF HEW YORK, COUNTY OF SS: On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he knows to be the individual described in and who executed the foregoing instrument that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. argain ale l,eei WITH COVENANT AGAINST GRANTOR S Acrs TITLE NO. TO SECTION BLOCK LOT COUNTY OR TOWN Recorded at Request o~ CHICAGO TITLE INSURANCE COMPANY Return by Mail to Zip No. DECLARATION made this day of ~ 1981~ by ARMAND BARTOS, JR0, residing at 133 Avondale Road, R~dgewood~ New Jersey 07450; hereinafter called the Wowneruz WHEItEAS, the #owner' has title to certain land situate, lying and being at Bast Marion, in the Town of Southold, Count~ of Suffolk and State of New York, sale-land hereinafter being ~ore particularly des- oribed ! and WHEREAS, it is the 'owner#°s intention that the aforesaid lands ha sulxlivided into a minor subdivision consisting of not more than two (2) residential lots! NOW, THEREFORE, the following described land shall be restricted as hereinafter set forths ~?.?. that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, sit- uate, lying and being at Bast Marion, Town of 8outhold, County of Suffolk, and Stets of New York, being.bounded an~ described ae followst BEGINNING at · point on the northerly side of Main (State) Road where suoh road is intersected by a 8025 foot right of way, which 8.2S foot right of way runs along the wasterly side of land of Cowan, Ketoham, Matthews and King to a pointwhore such 8.25 foot right of way broadens to a 16 foot right of way at the northwest corner of land of K~ng which such 16 foot right of way then runs along the easterly side of lands now or formerly of the K. Sohafer Estate and along lands of Lath~m to a point where ~he northerly line of a 20 foot right of way running in a south- westerly direction and which northerly line of the 20 foot right of way intersects the westerly line of the 16 foot right of way, whichpoint of intersection is the actual place an~ point of beginning! RUIfNING THENCE South 57° 05' 50" West a distance of 79.88 feet to a point; RI~N:I:NG ~NCE South 12e 22w 40" Ealt 21.36 R~NG ~NCE $OU~ 57' 05' 50" We~2 267,60 R~I~G ~ a~ong l~d, n~ or ~o~rly o~ C. C. C~k ~ ~o~r ~e ~o11~ing ~o~ (4) e~ae ~d k~ce~ (1) Nor~ 09~ 11~ 10" ~est 90.85 ~eetl (2) ~o~ 12' 44~ ~0" Wes~ 139.40 ~eeti (3) ~o~ 08' 11" 20" ~e~ 222.72 ~ee~l (4) No~ 10e 24~ 00" ~e8~ 118,31 R~G ~ No~ 77' 57~ 00" ~a~t 310.98 R~ZNG THeE ~e ~oll~lng th~ (3) oo~ses ~d way~ (1) 8~ 11'58~ 30~ ~ast 1~1.14 ff~tl (2) Sou~ 10· 37~ 30~ Sas2 225.46 feetl (3) Sou~ 11e 06~ 20~ ~st 89.15 ~eet to ~e point ~ place o~ B~ ~ a 20 ~t right o~ ray ~tng along ~ ~st sou~erly portion of ~e ~ve ~scrt~ p~rty, ~olar~t d~s ~y warrant~ c~t ~d represent on apparel of ~ afo~sa~d descried land as a m~nor s~v~s~on by ~ Plying Board o~ ~e ~ of Sou~hold~ no f~ther applioa~on w~11 ~ ~e to ~t ~a~ or to ~y other ~ ~n ~e T~ of Sou~ld f~ s~iv~de ~y of ~e lots set for~ ~n sa~d ~r into addl~l building lo~s, ~olar~t does hereby f~er w~ran~ o~en~ ~d s~t ~t t~ aforedeso=~d l~d wi~ ~e ~nor s~v~s~on ~ ~lvide~ ~nto ~re t~ ~ (2) building lots. ~1~ d~s hereby fur~er ~t~ ~n~t ~ rep~- s~t ~at ~ foregoing res~iotl~s ~d agre~nts shall b~nd ~e ~ersl~, ~s het=s, suooessors ~d assigns~ ~d ~y ~ all ~rson or ~rs~s ~o shall succ~d to ~e ~shAp of ~y of ~e lots on ~ afor~esori~ pr~ses in said ~nor s~ivision ~ ~r~sfer O~tSe. -2- IN WITNESS WHEREOF· the declarant does hereby oausa his hand and seal to be aff4xed this day of · 1981o STXTB OF ) "~ COUNTY OF ) ~ At. and Bartos~ Jr° On the day of · 1981· before me personally same ARMAND BARTOS· JR. to me known to be the individual described in and who exeouted the foreqoing declaration· and aoknowledged that he executed the same. Notarl~ Pubxlo -3- T~ OF SOUTHOLD SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer wiiI use currentiy avaiiabIe information concerning the project and the iikeiy impacts of the action. It is not expected that addltionaI studies, research or other investigations wiIi be undertaken. (b) If any question has been answered Yes the project may be significant and a compieted EnvlronmentaI Assessment Form is necessary. (c) If ali questions have been answered No it is llkeIy that this projeci is not significant. (d) EhvironmentaI Assessment 1. Will project result in a large physical change to the project site or physically alter more than l0 acres of land? ....................... 2. Will there be a major change to any unique or unusual land form found on the site? ......... 3. Will project alter or have a large effect on existing body of water? ...................... 4. Will project have a potentially large impact on groundwater quality? ...................... 5. Will project significantly effect drainage flow on adjacent sites? ........ ~ ............. 6. Will project affect any threatened or endangered plant or animal species? .......... 7. Will project result in o major adverse effect on air quality? .............................. 8. Will project have a major effect on visual character of the community or scenic views or vis%as known to be important to the community? 9. Will project adversely impact any site or structure of historic, prehistoric or paleontological importance or any site designated os o critical environmental area by a local agency? ............ ~;,,~,,~-,~.,~..~,,v 10. Will project have a bajor effect on existing or future recreational opportunities? ......... 11. Will project result in major traffic problems ' or cause a major effect to existing transportation systems? ....................... 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturbance as a result of the project's operation? .......... i% ........................ 13. Will project have any impact on public health or.safety? .................................... 14. Will project affect the existing community by directly causing a growth in permanent population of more %hah 5 percent over a one year period or have a major negative effect on the character of the community or neighborhood? ................................. 15. Is there public controversy concerning the project? ...................................... Yes X No X Yes No Y~s X No Yes X:No Yes X No Yes X No Yes X NO Yes X No Yes X No Yes X No Yes x No Yes x No Yes X No Yes X No Yes X No PREPARER'S SIGNATURE.~ REPRESENTING Armand Bartos, Jr. DATE JulyS?, 1981 ATTORNEY AT LAW 828 FRONT STREET GRKENPORT. N.Y. 11944 July 27, 1981 Planning Board Town of Southold Southold Town Hall Main Road Southold, New York 11971 Re: Application of Armand Bartos, Jr. for Minor Subdivision at East Marion, New York Gentlemen: Enclosed herewith please find: 1. Application for Approval of Plat 2. Short Environmental Assessment Form 3. Letter regarding drainage, grading and road construction 4. Six (6) copies of survey 5. My check for filing fee Please place this matter on your calendar and advise me of the date and time of hearing. Thank you for your courtesy and cooperation. If you have any questions, please do not hesitate to contact me. Very truly yours, William H. Price, Jr. WHP:kam Enclosures DECLARAtiON made this day of , 1981, by ARMAND BARTOS, JR., residing at 133 Avondale Road, Ridgewood, New Jersey 07450, hereinafter called the "owner": WHEREAS, the "owner" has title to certain land situate, lying and being at East Marion, in the Town of Southol~, County of Suffolk and State of New Y~rk~'said. land hereinafter being more particularly des- cribed ! 'and WH~RBAS it is~he "owner"'s intention that the aforesaid lends be sub~ivided into a minor ~ivision consisting of not more than two (2) residential lots! NOW, THEREFORE, the following described land shall be restricted as hereinafter set fortht ~r.?. that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, sit- ua~e, lying and being at East Marionw Town of Southold, Cotmty of Suffolk, and S~ate of New York, being bounded and described as follows! BEGINNING at s point on the northerly side of Main (State) Road where such road is intersected by a 8.25 foot right of way, which 8.25 foot right of way ~uns along the westerly side of land of COwanw Ketoham, Matthews and King to a point where such 8.25 foot right of way broadens to a 16 foot right of way at the northwest corner of land of King which such 16 foot right of way then runs along the easterly side of lands now or formerly of the K. Schafer Estate and along lands of Latham to a point where the northerly line of a 20 foot right of way running in a south- westerly direction and which northerly line of the 20 foot right of way intersects the westerly line of the 16 foot right of way, which point of intersection is the actual place and point of beginning! RUNNING THENCE South 57e 05' 50t West a distance of 79~88 feet to a point! RUNNING THENCE South 12" 22' 40' East 21.36 feet! RUNNING Ta~CE South 57· 05' 50" West 267.60 feet! RUNNING THENCE along lands now or formerly of C. C. Cook and another the following four (4) courses and dis- tancesl (1) North 09" 11~ 10" West'90.85 feet! (2) North 12" 44~ 30' West 139.40 feet~ (3) North 08e 11~ 20" West 222.72 feet! (4) North 10' 24~ 00" West 118.31 feet! RUNNING THENCE North 77e 57' 00" East 310.98 feet! RUNNING THENCE the following three (3) courses and distances along the above mentioned 16 foot right of Wayl (1) SOUth 11°58~ 30" East 111.14 feet! (2) South 10" 37t 30" East 225.46 feet! (3) South 11· 06~ 20" East 89.15 feet to the point or pi&ce of BEGINNING. SUBJECT TO a 20 foot right of way running along the most southerly portion of the above described prOperty. Declarant does hereby warrant, covenant and represent that on approval of the aforesaid described land as a minor sulxlivision by the Planning Boar~. o~ tha~ Town of 8outhold, no further application will be made to that Board. Or ~9 &ny other Board in the Town of Southold to further sub~ivide any Of' the iotl set forth in laid minor sub~lvision into additional building lo%so Declarant doee hereby further warrant~ oovenant~ and repre- sent that the aforedescribed land within the m~nor subdivision cannot be m~bdivided into more than two (2) building lots. Declarant does hereby further warrant, covenant and repre- sent that the foregoing restrictions and agreements shall bind the un~ersigned, hie heirs, successors and assigns, and any and all person or persons who shall succeed to the ownership of any of the lots shown on the aforedescribed premises in said minor subdivision by transfer or otherwise -2- IN wITNESS WHEREOFt the declarant does hand and seal to be a~££xed this day of cause his t 1981. COD'NTY 0~' ) On the day of came ARMAND BARTOS, JR. to me known to be the in~i~,vidual described in' and who executed the ~oregoing declaration, an~ ~cknowle~ged that he executed the same. ~ personally , 1981 before me Southold Town Planning Board TowuHall Southold, New York 11971 Gentlemen: Re: Minor Subdivision of Armand Bartos, Jr. The following statements are offered for your consideration in the review of the above-mentioned minor subdivision and its referral to the Suffolk County Planning Commission: (1) No grading, other than foundation excavation for a residential building is proposed. (2) No new roads are proposed and no changes will be made in the grades of the existing roads. (3) No new drainage structures or alteration of existing structures are proposed. Yours truly, ARMAND BARTOS~ JR. TO%',~' OF SOUTtlOLD, .NE','~f~k~(JI~I~~ '-~ ). ACTION OF TIlE ZONING BOARD OF APPEALS Appeal No. ~,S9 Dated ACTION OF THE ZO!N/NG BOARD OF APPEALS OF THE TOWN OF SOUTI~IOLD To 67]. We 162 StZ~t: DATE Appellan.~ at a meeting of the Zoning Board of Appeals on was considered and the action indicated below was taken on your (X) Request for variance due to lack of access to property ¢ ) Request for a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance ( ) the appeal 1. SPECL~L EXCEPTION. By resolution of the Board it was determined that a specia~ exception. ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance. and the decision of the Buildin~ Inspector ( ) be reversed ( ) be New Y~k~ 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardshin because practical difficulties or unnecessary (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the irmnediate vicinity of this property and in the same use district because (c) The variance (does) (d%es not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) 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 ZONING BOARD OF APPEA~S ~ Za~..bJA% cram1 tJ~too (Gent us no ~0) THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Almond B~rtos, Private 2oad East ~rion, New York Appellant at a meeting of the Zoning Board of Appeals on October 11, 1973 was considered and the action indicated below was taken on your ) Request for variance due to lack of access to property ) Request lot a special exception under the Zonin~ Ordinance ) Request for a variance to the Zoning Ordinance iX ) Approval of access the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it -was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section ...: ................ Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be' confirmed because 9500 P.M. (E.S.To), upon application of Armond Bartos, Jr., Private Road, East ~M~rion~ New York, for a variance in accordance with the Town Law, Section 280A for approval of access. Location o£ property: north side 59~in Road, East Marion on right of ~ay bounded east by F. Cowan and other! west by R. Long; bounded north by De Nicola; east by right of %ray; south b~ I. Ce Latham! west by George Cook and others. Fee paid $15.00. 2. VARIANCE. By resolution of the Board ~t was determined that (a) Strict application of the Ordinance (would) (woulcl not) produse hardship because practical difficultfes or unnecessary SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district 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 ( that the previous decisions of the Building Inspector ) be confirmed ( ) be reversed. SEE REVERSE ) be denied and FORM ZB4 ZONING BOARD OF APPEALS MarJorie McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission~ use access on property located on the north side of Main Road, East Marion. The findings of the Board are that applicant purchased Parcel No. Two in April of 1969. He received approval of the Board of Appeals for access on May 1~, 1969. A condition of th~s approval w~s that the property in question should be used as one single buildin~ lot and only one single f.mtly dwelling eh-Il be erected on this property. However, in J~l,.~y or Febr~,Av~ of 1970 applicant purchased Parcel NO. i oomprieir~ 1,70~ acres. The Board finds that the access in question is 8t3". Applicant's tots/ acreage is 6.673 which includes Parcel No. 2 (4.968 acres) and P~rcel No. I (1.70~ acres). ~ne Board finds that strict application of the Ordinance would produce practical difficulties .or tmnecessary hardship; the hardship created is unique and~¢ould not be shared by all . · properties alike in the immediate vicinity of this property and in the same use district] and the v~ri~nce will not change the character of the neighborhood, and ldll observe the spirit of tl~e 0rdirm~nce. THEREFORE IT WAS RESOL%'ED, Armond Bartos, Private Road, East Marion, New York, be GRANTED approval of access, as applied fore on p~perty located on the north side of Main Road, East Marion on right of way bounded east by F. Cow~n and other ! west by R. L~ng! bounded north by De Nicolat east by right of wayl south by Ie C. Lath~m~ west by George Cook and otherss subject to the followin~ restriotionss 1. A condition of this approval is that there shall be no i%trther, division of property now or in the future of the diminished lot that will result from selling the property under application, which is irregularly shaped and divided 1~0' on the right of w~y and 310' in depth, comprising approxil~toly 1~ acres. The applicant is restricted to selling his property for a single family dwelling, and the property remaining to Mr. Armond Bartos shall continue to be used as a building lot with a single family dwelling unless suitable access is obtained. Vote of the Boards Ayess- Measrs$ Gtllispi~, Bergen, Hulas, Grigonis, Doyen. Southold Town Board of Appeals -16- October 11, 1973 bn motion by Mr. Gillispie, seconded by Mr. Bergen., it was Robert Kolyer, 208 ChrisTian Avenue, Stony Brook, New York, GRANTED permission to divide property into two lo~s with than required width, as applied for, subject to the followi~ :onditions: 1. Subject to Control. of New York State Environmental 2. That there shall property. no further division of this 3. That the division d shall be covenanted. Vote of the Board: Ayes:- Hulse, Grigonis, Doyen. Gillispie, Bergen, MR. TERRY: Does that apply to the the east, which has been separated? section THE CHAIRS~N: That is not on the applicati survey. We are referring to the application. or the ~. TERRY: I didn't want any misunderstanding ~he has a%ready conv¢yed this. PUBLIC HEARING: Appeal No. 1843 - 9:00 P.M. (E.S.T.), upon application of Armond Bartos, Jr., Private Road, East Marion, New York for a variance in accordance with the Town Law, Section 280 A for approval o£ access. Location of property: north side Main Road, East Marion on right of bounded east by F. Cowan and other, west by R. Long; bounded north by De Nicola; east by right of way; south by I.C. Latham; west by George Cook and others. Fee paid $15.oo. The Chairman opened the hearing by reading the applica- tion for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. T]~ CHAIRMAN: The application is accompanied by a survey which indicates that the applicant is the owner of approximately 6.673 acres. Is there anyone present who wishes to speak for this application? Southold. Town Board of Appeals r!7- October 11, ,1973 then April you RUDOLPH BRUER, ESQ.: He bought Parcel Two first, and Parcel One. ,MR. ARMAND BARTOS, JR.: I bought the larger parcel in 1969 THE CHAIR,~5~N: ¥o~ moved the old school house in here and later purchaSe~ tha:0ther parcel. ~./.~RTOS:' I 'P~rchased i~~ ~anu~ry 0r February of the next yea~. T~ C~IR~N: The~p~rcel you propose to~ sell iE" ~n the southerly sectmon of Parcel Two. ~. ~RTOS: T~at is ~ii~I ~ntehd to ~li;:?~; , RU~LPH' BR~R, ESQ.: The Problem is the right of ~y. You ~ll notice that it's 8'3". TI~' C~RS~N:; I am not 'sUre~ the Buiiding Inspector ~derst06d~that you had two~ ~arcels. Tt~ C~R~N: We went through this before in co~ection with the little red school ~ouse, and' that action:in 1969 stated that this access has"been in exiszence for mny years. llowever, in order for the applicant to obtain a building permit, he must have approval of access from the Bo~rd of Appeals. It is the opinion of the Board of Appeals tha~ to deny this applica- tion would be to .deny the applicant the use of his land. It a condition of this apprbval that the property in qUeStion should be used as one single b~lding lot ~d only one single family dwelling shall be erected on this property. RU~LPH BR~R, ESQ~: y~u have ~u addition of o~er'~ acre added to.She property since then. TE CMiR~N: ~es ~yone else' ~h to speak for this appli cation? (The~e was no response.) ' ~"' · TlR Ct~IR~L~N: Is there anyone present who wishes to speak against this application? There was no response.) Southold Town Board of Appeals. -18- October 11, 1973 TIeD CHAIR~L~N: I thind¢ .the only rea. son we can consider it is that~ the ~pplicant bought a se'oond~piece because the s~ipulation was 'that there be only one house because of this access. It,s 8'3" ~ide and you have telephone poles along ~. ~RTOS: I fire truck can get in there. T~ CI~IR~N: Has anyone ~d~y effort to bring these people together?~ ~ ~ere is a lot of land back there that you can't get ~into~?.: ~ ~-u~~ ~.~:.~ :.:~ ~- ~ ~-~'~ .... ~ -. ." ~: .~ ~.~ ~. BARTOS: I believe there is going to be another right of Way made::to '~he~o~H :' ',-~ ' ~f 'my ~property. ~ RUssell ' S property has a right' 0F ~. :? I am ~sking for a one family dwelling. RU~LPH BR~R, E~Q.: ~4-. Bartos ~s no i~ediate buyer. ~is is for the future. - ~ TI~ 0~R~N: ~ c~n~ be divided ~ny further. Actually, the density Would not be increased~~:- :: -.: ' After investigation and inspection ~he Board finds applic~t'~e~4'ts :pe~issfon ~o use ~cce~s on property loc~ted on the north side of Main Road, ~ast Marion. The findings of the Board are that applicant Purchased Parcel No. Two in April of 1969. He received approval~of the Board of Appeals for access on MaytS, 1969. A conditiOn of'.this apPrOval was that the property in question should be U~ed~as one single building lo~ and only one single family dwelling shall be erected on ~his property~ :~'However, in January or Pebruary of 1970 applicant purchased Parcel No. i comprising 1.705 acres. · The Board 'finds that ~he access in question ~s 8~3,,. Applic~:~s total acreage is 6.673 which includes Parcel NO~ 2 (~.968 acres) and Parcel No. 1 (1.705 acres). The Board finds bhat strict ~pplic~tidn'of~the~Ordinanc~ would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties.alike in the i~mediate 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 ¥~-. Gillispie, seconded by Mr. Bergen~ it was RESOLVED, Armond Bartos, Private Road, East Marion, New York, be GRANTED approval of access, as applied for, on property located on tho north side of ~in Road, East ~rion on right of way boundod east by F. Cowan and other; west by R. Long; bounded north by De Nicola; e~st by right of ~y; south by I. C. Latham; west by George Coolc and others, subject to the following restrictions: Southold Town Board of Appeals -lg- October 11, 1973 1. ~A condition of this approvaiiis that there shall b~ no:~f~rther,~d~is~o~ '~..PrgPer~Y future of the diminished lot that will result from selling the property under application, which is irregularly shaped and. divided 150' on the right of way and 310' in depth, comprising approximately l~ acres. ~ -i. 3 .,' , . ~' ' ~ ~ ; , 2. ~The applicant is restricted to selling his property for a single family dwelling,.and the property ..~ remaining to,Mr. Armand Bartos shall continue to . ~be used as a .building ~tot with = single .family ~ · dwelling unless suitabl9 ~pproyed~ acces Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen upon applicationof Donald A.~Stephenson, Main Road, ~r~ent, New York for a special exception.in'accordance with t~ Zoning ordinance, Article III, Section 300 B-! for ~6rmission to alter existing building to a 2 (two) family oc~pancy. Location of property: 'off norSh side Main Roa~..~ on right of way bounded east by S~qlielo, west by~//Burnn%m3 _ . bounded north by Long Island Sound;~ e~st by~ry_and Lom. as, south by right of ~y; west byS~ephenson~ea~h, Inc. and TheChalrman °penedthe heari_.n_~_~,r~ding the appliCatmon for a special exception, legal n°t~¢e of hearing, affidavi~s attesting to its publication in ~e official newspapers, and notice to the applicant. T}m C}~iR.V~%~.' At the/ime we received this ap.pice'at'on we did not have a survey, sh~¢~n~ what has ~e.en p~a~ned, i am a first cousin of the ~plic~n~. I ~v~ n° f±nanCi~l interest whatsoever bdt aside from guiding the discussion I would prefer not ~to vote. / T}~ CHAIR~: Is there anyone present who wishes to speak for t~ application? / MR./EDNALD A. STEP}~NSON: .In the back of the house where the ol~/cistern used to be, I would like.to add a two car grousd level garage and a small apartmen, over the garage. The/back of the house is to the northeast. LASER FICHE FORM SUBDIVISIONS Proiect Type: Set Offs Status: Final Approval SCTM #: 1000 - 22.-3-5 Project Name: Bartos, Armand Jr. Location: north side of SR 25, East Marion Hamlet: East Marion Applicant Name: Armand Bartos Jr. Owner Name: Armand Bartos Jr. Zone 1: Approval Date: 5/9/1982 PLAT Signed Date: ~// OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related information Zone 2: C and R's: Homeowners Association: R and M Agreement: Address: County Filing Date: Zone 3: SCAN Date: SCANNED AUG 3 2006 ',/1a Records Management Iii RECEIVED BY "I" .... i ' '