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"r urm SU6vevoms IN6D SEAS OE
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~~Ed~fSQ~ , +C IS L' COSU. AND OII XIS ENTAL C MF~' 1? rtRE NMVANY, NOI LNTED HH AGENCY AND i
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f0 .N AE9GNEEE OE iNE LoARG DIN i i IIIOL.D '.NAI I ST1 ARE NOi SSAIOEI I}
~UD~OONAI 415iINlIONS OR SY6FOVEN
i"
~ " v
PLARNIj~1G`BOARD
T6' OF sou, OLD
,r
SLFF(~1LfC G;1VTY
Southold, N.Y. 11971
HENRY E. RAYNOR, Jr.. Chairman TELEPHONE
765-1938
JAMES WALL
BENNETT ORLOWSKI, Jr.
GEORGE RITCHIE LATHAM. Jr.
William F. Mullen, Jr.
May 27, 1982
Mr. Richard Lark
Attorney at Law
Main Road
Cutchogue, New York 11935
Re: Gertrude Reeves
Dear Mr. Lark:
The following action was taken by the Southold Town Planning Board,
Monday, May 24, 1982.
RESOLVED that the Southold Town Planning Board grant a set-off (106-13)
on the property of Gertrude Reeves as indicated on the map entitled
Edwin H. King Estate, dated March 5, 1982, located at Orient, subject
to the applicant receiving approval from the Zoning Board of Appeals
within six (6) months from date of resolution.
Kindly forward six (6) copies of the final map to this office as soon
as possible. Thank you for your cooperation.
Yours very truly,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING; BOARD
By Susan E. Long, Secretary
cc: Board of Appeals
P FFO D
o ~
T D
Southold, N.Y. 11971
HENRY E. RAYNOR, Jr., Chairman TELEPHONE
JAMES WALL NEGATIVE DECLARATION 765-1938
BENNETT ORLOWSKI, Jr.
GEORGE RITCHIE LATHAM, Jr.
WILLIAM F. MULLEN, Jr. June 28, 1982
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 tht Southold Town Planning Board as lead agency for the
action descirbed below has determined that the project will not have
a significant effect on the environment.
DESCRIPTION OF ACTION
The minor subdivision of Gertrude Reeves is a two lot subdiv-
ision located at Orient.
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 significant 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.
Because there has been no response in the allotted
time from the Suffolk County Department of Health Services
it is assumed that there is no objection nor comments by that
agency.
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
Richard Lark, Esq.
ParNv~ Q~RD
TOXN O SOiI OLD
w ~ F QT
SUR L Y
:
Southold, N.Y. 11971
HENRY E. RAYNOR, Jr.. Chairman TELEPHONE
765-1938
JAMES WALL
BENNETT ORLOWSKI. Jr.
GEORGE RITCHIE LATHAM, Jr.
William F. Mullen, Jr.
June 4, 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 Gertrude Reeves,
located at Orient.
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 June 18,
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
By Susan E. Long, Secretary
Enc.
cc: Dept. of Health Services
RICHARD F. LARK
ATTORNEY AT LAW
MAIN ROAD - P. O. BOX 973
CUTCHOGUE, NEW YORK 11935
TELEPHONE 516 734.6807
June 3, 1982
Southold Town Planning Board
53095 Main Road - Town Hall
Southold, New York 11971
ATT: Susan E. Long, Secretary
RE: Gertrude Reeves, et al., - Minor
Subdivision, Cedar Birch Road,
Orient, New York
Dear Mrs. Long:
In accordance with the Resolution of the Planning Board
dated May 24, 1982, 1 am enclosing six (6) copies of the
final map. If all is in order, kindly present same to the
Chairman for signature.
Veryly your,,
Achad' Lark
RFL:bc
Enclosures
TEL. 765-1802
oOSVFFOLk~O TOWN OF SOLYMOLD
OFFICE OF BUILDING INSPECTOR
y P.O. BOX 728
y0 ' TOWN HALL
SOUTHOLD, N.Y. 11971
May 21, 1982
Planning Board
Town Hall, P.O. Box 728
Southold, NY 11971-0728
Re: Gertrude Reeves Minor Subdivision
Your letter of May 13, 1982
Gentlemen:
This proposed lot does not have the minimum required depth
as required in the Code, Art. III, Section 100-31. This deeded
lot had no Planning Board's approval to be subdivided by the
owner of a larger parcel over which an approved access does
exist. This lot could have the required depth, but which would
include a portion of the approved access over which the others
could be given right of way.
I have found no Planning Board's approval of any platt or
subdivision. Mr. King had a map of land showing lots compiled
in 1953 (before Zoning) and revised in 1962. This was never
filed in the County Clerk's office to my knowledge.
This does not technically comply to Zoning.
Yours very truly,
George H. Fisher
Senior Building Inspector
GHF:ec
• TEL. 765-1802
~g~FFCO TOWN OF SOUTHOLD
G OFFICE OF BUILDING INSPECTOR
TOWN HALL
SOUTHOLD, N. Y. 11971
AA
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~~o 07m, /3~ 11794,
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PI,`A&NI G 6 R}}D
TOWN Ok sou OLD
b,x
SCFF()LGNTY
Southold, N.Y. 11971
HENRY E. RAYNOR, Jr.. Chairman TELEPHONE
765-1938
JAMES WALL
BENNETT ORLOWSKI, Jr.
GEORGE RITCHIE LATHAM, Jr.
William F. Mullen, Jr.
May 13, 1982
Mr. George Fisher
Senior Building Inspector
Southold Town Hall
Southold, New York 11971
Re: Gertrude Reeves minor subdivision
Dear Mr. Fisher:
Our board has reviewed the above captioned subdivision located at
Orient, and have no objections regarding this proposal. The map
reflects the required 40,000 square feet and upon a field inspec-
tion, the board noted this property suitable for building.
Before any action is taken on this proposal, we request an explana-
tion on why such a proposal needs a variance for insufficient depth
as stated in your notice of disapproval dated February 10, 1982.
We would appreciate your reply as soon as possible. Thank you.
Yours very truly,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Susan E. Long, Secretary
cc: Board of Appeals
Richard Lark, Esq.
RICHARD F. LARK
ATTORNEY AT LAW
MAIN ROAD - P. O. BOX 973
CUTCHOGUE, NEW YORK 11935
TELEPHONE 516 734-6807
March 19, 1982
Southold Town Planning Board
53095 Main Road - Town Hall
Southold, New York 11971
ATT: Susan E. Long, Secretary
RE: Minor Subdivision for Gertrude K. Reeves
Vera K. Wilson, Frances K. Demarest and
Edwina K. Gorman - Cedar Birch Road -
orient, New York
Dear Mrs. Long:
In connection with the above-captioned matter, I am enclosing
the following:
1. Application for minor subdivision executed
by Gertrude K. Reeves in duplicate.
2. Short Environmental Assessment Form.
3. Six (6) prints of map of property prepared
by Roderick Van Tuyl.
4. Copy of the application filed with the Southold
Town Zoning Board of Appeals on March 19, 1982
which explains the history of this property.
5. My check payable to the Southold Town Planning
Board in the amount of $50.00.
If all is in order, would you please schedule a meeting with
the Planning Board on this matter and advise me of the date and time.
Very truly yours, ?
ARRichard F~~ark
RFL:bc
Enclosures
NSTT"JCT TONS
-
(~)r!n order to anseier the questions in this short EAF it is assume(
thot the preporcr viii use currently available information concerning the
oroiect and the lil:cly in,octs of the action. It is not expected that
additional studio., re::carch or other investigations will be undertaken.
(b) If any question has been onsvered Yes the project may be
significant anc' a comp) eLed Env-ironnental Assessment Form is necessary.
(c) If all questions have been answered No it is likely that this
project is not significof.
(d) Environ_ne_ntcl iisscssm^nt
1. 'till proect result in a large physical change
to Ole project site or physieolly alter more
ti:,:n 10 acres of land? Yes X No
2. Will there be a major change to any unique or
ui,usuol land foam found on the site?. Yes X No
3. Hill project alter or have a large effect on
existing body of water? Yes X No
4. Will project have a potentially largo impact
on groundwater quality?...... Yes X, N-0
5. mill project significantly effect drainage
flaw on cydjacent sites?....., Yes X No
1, . ','ill project affect any threatened or '
endangered plant or aninal :species?........... Yes X No
7. Will. project result in a major adverse effect
on air quality? X Yes X -No
C. 'dill project have a major effect on visual
character of the community or scenic views or
visLns known.to be important to the community? -Yes X-No
5. 1.'i1_1 project adversely impact Orly sito or
structure of historic, prehistoric or
polcontol.og.ical .impc>i tense or any site
dc•signatad as a critical environmental area
by a local agency?........ Yes X No
10. 11ill projr.ct have a major effect on existing
or future recreational opportunities?......... Yes X No
11. ;.ill project result in major traffic problems
or. cause a major effect to existing
transportation systems? Yes X No
l 'd i11 project regularly cause objectionable
actors, noise, glare, vibration, or electrical
disiurbonce as a result of the project's
operalior-i? Yes X No
13. Will project Dave any impact on public health
ar.saFcty? Yes-& No
l~. Will project affect the existing community by
directly causing a growth in permanent
population of more thon 5 percet over a one
yeor period or have a nojor negative effect
on the eharaetcr o' the community or
neighborhood? Yes X No
15. Is there public controversy concerning the
Project? Yes X Nc.
" FPAf'U" S SIGHATURE
REPRESENTING Gertrude Reeeeves DATE
March 19 1982
APPLICATION FOR APPROVAL OF PLAT
To the Planning Board of the Town of Southold :
The undersigned applicant hereby applies for (kxDaidx0 (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.)
2. The name of the subdivision is to be ,Minor •Subdivision., for... Gertrude , K., ,
Ree.ves, Vera K. Wilson, Frances K. Demare..st and Edwina K. Gorman
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 .....,8513............. Page ....34.? On ,October_,10•,,1978
Liber Page On
Liber Page On
Liber Page n
;
Liber Page On
as devised under the La i and Testament of
or as di utee
5. The area of the land is 40, 500 square feet
6. All taxes which are liens on the land at the date hereof have been paid Bss"X
7. The land is encumbered by ' oR
xmMsgex04xx nexx
(a) Mortgage a s i 'h P-w
of $ W14 $ held by
address
i l T 'ti
o .QagB an nriginnl om nn nt
644 . . . . . . . . . . . . . . unpaid amount q C . . . . . . . . . . . . . . . 'held b . . . . . . . .
es.--T
Addic&3-
> m is................ 4+e44--by
8. There are no other encumbrances or liens against the land XXgdpIC
9. The land lies in the following zoning use districts Residential and
Agricultural District
10. No part of the land lies under water whether tide water, stream, pond water or otherwise, xxx
xap[
11. The applicant shall at his expense install all required public improvements.
12. The land (dxes* (does not) lie in a Water District or Water Supply District.xkk~kx
X~Te€Xt?liY#€#i34?f
No
131 rater mains will be laid kk
~x7pmk~x)sc~t>~x~~a~exxidk~o:xoadx~fffincicnsxokiicrgxsw¢icxmiaffix
14/ Electric lines and standards will be installed buc
aiotiXx}cxtecwiflckecxmCYOtX3i~fx113#cgc2F3iPIx
xxotx
15/ (;as mains will be installed kpc
xxdc~{x)st ~~tjxrM>>bxgex n¢id>K~ei g~ataciaresccmc~gcsaic~cmxi~s
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 shown on the plat are claimed by the applicant to be existing public streets in the
Town 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 will 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 gradiog and required public improvements will be
$..•.-Q-.. as itemized in Schedule "E" hereto annexed and requests that the maturity of
the Performance Bond be fixed at ......-P.:.. years. The Performance Bond will be written
by a licensed surety company unless otherwise shown on Schedule "F".
DATE .Ma7 ch„19,,, , 19.82. GERTRUDE K. REEVES
(Name of Applicant)
I;v
(Sig ure and Title)
Youngs Avenue, Orient, New York
.
(Address)
STATE OF NEW YORK, COUNTY OF .......SUFFOLK ss:
On the ..19th day of March . • . , , , , , . , 19A?..., before me personally came
.,,,.Gertrude K. Reeves to me known to be the individual described in and wh,,
executed the foregoing instrument, and acknowledged that she . , , , executed the same.
Notary Public
STATE OF NEW YORK, COUNTY OF ss:
On the day of 19....... before the personally came
• • • • • • • • • • . • • • • • to me known, who being by me duly sworn did de-
pose and say that resides at No
................................................that is the
of
the corporation described in and which executed tl,,, foregoing instrument; that know,.
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
SCEEDULE A
ALL that certain plot, piece or parcel of land, situate,
lying and being at Orient, Town of Southold, County of Suffolk,
State of New York, more particularly bounded and described as
follows:
BEGINNING at a point on the westerly side of a 50 foot private
road where the same is intersected by the southerly side of land
now or formerly of Taylor and the northerly side of the herein
described parcel, said point being also distant 359.61 feet
southerly, as measured along the westerly side of said private
road, from the corner formed by the intersection of the southerly
side of Main Road with the westerly side of said 50 foot private
road; running thence along the westerly side of said 50 foot private
road, South 100 16' 20" East 270 feet to the northerly side of land
now or formerly of Fitzgerald; thence along said land South 790
43' 40" West 150 feet to the easterly side of land now or formerly
of Brawner; thence along said land North 100 16' 20" West 270 feet
to the southerly side of land now or formerly of Taylor; and thence
along said land North 79° 43' 40" East 150 feet to the westerly
side of the aforesaid 50 foot private road, and the point or place
of BEGINNING.
APPLICATION FOR APPROVAL OF PLAT
To the Planning Board of the Town of Southold:
The undersigned applicant hereby applies for (mod (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.)
2. The name of the subdivision is to be .Minor Subdivision for Gertrude K.
Reeves, Vera K. Wilson, Frances K. Demarest and Edwina K. Gorman
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 ......$513 342 On October 10, 1978.
Page
Liber Page On
Liber Page n
;
Liber Page On
as devised under the La i and Testament of
:
or as d' utee
5. The area of the land is 40, 500 square feet
6. All taxes which are liens on the land at the date hereof have been paid ALW
7. The land is encumbered by n . 0
Fes), r. ~e e, .,A,A t 'h .P.a*
c
addFess
(b) Me* geg d 'n r 'ber P.ge _ iA Qrmwt
of $ unpaid ^~,••t 'held by
-age......................................................
Mortgage ~ ~ r .I2a~e .
.,.E)U,,t ;a grigiRal -'Of4 URPRid aFA9444 $ l4°'...........................
.ddr
8. There are no other encumbrances or liens against the land
"A" Residential and
9. The land lies in the following zoning use districts
Agricultural District
10. No part of the land lies under water whether tide ,eater, stream, pond water or otherwise, XXX
ex-
11. The applicant shall at his expense install all required public improvements.
12. The land MM (does not) lie in a Water District or Water Supply District, WofX}ist
XXXXXXwXthXn a LJ~XrXXXX
/No
13. Watery mains will be laidy&~
' ff a XinMX XX''n Wr . .
nXXXaXIxi„ s 1a XrR nsX
/No
14. Electric lines and standards will be installed Xvt
XXX Xo )CXXargeXXwt~? i "eXXXaddmXeX.ftXXICXXI(XXX1(XXd
1~3CXX" " " " " " " an c(a n~clh,Xormstalllmg sa
i
,nee.
No
1/9. Gas mains ' chargew, a installed..m......
XXX}(XaX X7[7CXX no XXX
an X11i~ #e kkXXXX*or ?C* f*af?t gXsa1CfmX ain .
ade metalling said main s.
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 shown on the plat are claimed by the applicant to be existing public streets in the
Town 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 strects 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 snaps at their conjunctions with the proposed streets.
20. In the course of these proceedings, the applicant will 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 he
'P-.. as itemized in Schedule "E" hereto annexed and requests that the maturity of
the Performance Bond be fixed at 'P' years. The Performance Bond will be written
by a licensed surety company unless otherwise shown on Schedule "F".
DATE March,,19,,,,, 1982. ..GERTRUDE K. REEVES
(Name of Applicant) c~Q
(Sign re and Title)
Youngs Avenue, orient, New York
(Address)
STATE OF NEW YORK, COUNTY OF SUFFOLK , , , , ss:
On the day of 19A?.. before me personally came
Gert.rude. .
u. de. . Reeve.
. s . to me known to be the individual described in and who
executed the foregoing instrument, and acknowledged that ghe..... executed the same.
Notary Public
STATE OF NEW YORK, COUNTY OF ss:
On the day of 19....... before me personally came
...................................to me known, who being by me duly scorn did de-
pose and say that resides at No
................................................that is the
of
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
1
P
G ALL that certain plot, piece or parcel of land, situate,
lying and being at Orient, Town of Southold, County of Suffolk,
State of New York, more particularly bounded and described as
follows:
e BEGINNING at a point on the westerly side of a 50 foot private
road where the same is intersected by the southerly side of land
now or formerly of Taylor and the northerly side of the herein
described parcel, said point being also distant 359.61 feet
southerly, as measured along the westerly side of said private
road, from the corner formed by the intersection of the southerly
side of Main Road with the westerly side of said 50 foot private
road; running thence along the westerly side of said 50 foot private
road, South 100 16' 20" East 270 feet to the northerly side of land
now or formerly of Fitzgerald; thence along said land South 790
43' 40" West 150 feet to the easterly side of land now or formerly
of Brawner; thence along said land North 100 16' 20" West 270 feet
to the southerly side of land now or formerly of Taylor; and thence
along said land North 79° 43' 40" East 150, feet to the westerly
side of the aforesaid 50 foot private road, and the point or place
of BEGINNING.
it
a
I --T
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.
DATE ...Margh . k9.c.AV
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, W47...G£=JUD£..XS1..EVES of (NqA)...Xoun4s..Ay!m.4P...............................
Name of Appellant Street and Number
.....................Qxij t............................................................ New..XR>;k..?,.957..HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO . DATED ekx>}axY..b.Q...1.96.2...............
4
WHEREBY THE BUILDING INSPECTOR DENIED TO
Gertrude Reeves & ors.
c/o Richard Lark
Name of Applicant for permit
of Main Road P 0 Box 973 Cutcho u, e, „York,,,, l 935
.....................t.....:.....a................r...............g..eia..N. ~l ,;y
Street and Number Municipality Stote
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
(x) Approval for lot with insufficient depth
We t.rlp side of Private Road
1. LOCATION OF THE PROPERTYCe as..Blrch..Road...Orient,..NX.....':A!..&eside~ati .L..&.Agricultur.
Street Use District on Zoning Map Distric
Suffolk County Tax Map No. 1000-15-8-20
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article 222, Section 100-31
3. TYPE OF APPEAL Appeal is made herewith for
(X) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (*W (has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such Gppeol was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No .................................Dated
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
( a) A Variance to the Zoning Ordinance
is requested for the reason that Petitioner is desirous to obtain approval to build an a
parcel of land 270 feet wide and 150 feet deep containing 40,500 square feet of area
on the westerly side of "Cedar. Birch Road".
Form 281 (Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because your Petitioner, Gertrude K. Reeves is bringing this Petition on
behalf of herself and the other owners of the property: Vera K. Wilson residing at
(No Main Road, Orient, New York; Frances K. Demarest, residing at (No Main Road,.
Orient, New York; and Edwina K. Gorman, residing at 8 Gordon Lane, Hazardville, Enfield
Connecticut. At the outset your Petitioner does not understand the Notice of Disapprov
issued by George Fisher, Building Inspector of the Town of Southold, dated February 10,
1982, which is attached hereto as Exhibit 1. The parcel in question is rectangular in
shape, 270 feet along the westerly side of a right of way known as "Cedar Birch Road",'
and is 150 feet deep containing a total of 40,500 square feet. The parcel is shown on
a map of property prepared for Petitioner and the other owners of the property dated
September 19, 1978 which is attached hereto as Exhibit 2. The parcel is also outlined
in red on Map of Lands surveyed for Edwin H. King Estate prepared by Roderick Valk Tuyl,
A
P.C. dated February 8, 1978, which is attached hereto as Exhibit 3. The private road
shown on Exhibit 3 is known as "Cedar Birch Road"and the westerly portion as far south
as the property owned by Marguerite 2. Reich has been approved by the Southold Town
Zoning Board of Appeals on May 16, 1962, (Appeal #456) and again on April 10, 1975,
(Appeal #2009) pursuant to %280A of the Town Law.
Heretofore the Building Department of the Town of Southold has issued five Auilq
Permits and Certificates of Occupancy for houses constructed on the westerly side4,
the right of way known as "Cedar Birch Road." ,
(continued on Rider attached hereto under #1)
2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate
vicinity of this property and in this use district because the Building Inspector has arbitrarily
singled out this particular lot for special treatment in requiring a variance when the
adjoining property owners were able to obtain approvals and Certificates of Occupancy
without the necessity of resorting to a variance.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because this is an established residential neighborhood
and all of the lots are non-conforming as far as the depth requirements and other ,
aspects of the current Zoning Ordinance of the Town of Southold. The granting of
the variance and allowing the construction of a residence would be in conformity
with the rest of this particular residential area.
STATE OF NEW YORK ~J
COUNTY OF SUFFOLK ) Signature
Gertrude K. Reeves
Sworn to this...T........19.th day of..... March 1%2
~[GGiC~ C f _Xz X-
N Public
Nr'T RY F.,
. York
Cup i, C
¢n F 7rtr~cn >0, 19 O 2.-
APPEAL FROM DECISION OF THE BUILDING INSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N.Y.
BY GERTRUDE K. REEVES
REASON FOR THE APPEAL (continued)
#1 (continued)
Starting on the north the property is owned by Earl T. Wilson who received title
from Petitioner's mother, by deed dated September 22, 1971 and recorded in the
Suffolk County Clerk's Office in Liber 7013 page 330. This parcel is located on
the corner of the southerly side of Main Road (State Route 25) and the westerly
side of Cedar Birch Road. The lot is 150 feet deep and contains approximately
225 feet along the westerly side of Cedar Birch Road. The Southold Town Building
Department issued Certificate of Occupancy No. Z4533 dated January 28, 1972.
Further the Southold Town Zoning Board of Appeals on November 2, 1972 (Appeal No.
1690) granted to Earl T. Wilson permission to construct a garage in the front yard
area and subsequently the Southold Town Building Department issued Certificate of
Occupancy No. Z5056 on April 4, 1973 for same.
The property immediately to the north of your Petitioner's property is owned by,`>
by William H. Taylor and Johanna Taylor who acquired title to same from your Peti,!'
tioner's father and mother by deed dated April 21, 1970 and recorded in the SuifolR"
County Clerk's Office in Liber 6733 page 368. This parcel has a width along the
road of 135.0 feet and a depth of 150.0 feet for a total area of 20,250 square
feet. The Building Department of the Town of Southold issued a Certificate of
Occupancy on March 16, 1971 (Z4171).
The property immediately to the south of your Petitioner's property is owned by
Janice Robinson (Fitzgerald) and contains 197 feet along Cedar Birch with a depth
of 150 for a total area of 29, 550 square feet. A Certificate of Occupancy was
issued by the Southold Town Building Department for a one-family dwelling on
December 9, 1961 (21192).
Proceeding in a southerly direction the next property is owned by your Petitioner's
mother, Frances King, and has 213 feet along Cedar Birch Road with a depth of 150
feet for a total area of 31,950 square feet. A Certificate of Occupancy was issued
by the Southold Town Building Department on June 11, 1963 (21591).
The parcel of property immediately south of Mrs. King's is owned by Frank J.
Braddick and Nancy Braddick who acquired title from Norman Reich by deed dated April .
19, 1974 and recorded in the Suffolk County Clerk's Office in Liber 7828 page 157.
This parcel is vacant, has a depth of 150 feet and a total area of 44,342 square
feet.
The lot adjacent to the Braddick property in a southerly direction is owned by
Marguerite I. Reich who acquired title from Norman Reich by deed dated July 15, 1981,
and recorded in the Suffolk County Clerk's Office in Liber 9042 page 503. This
property is irregular in shape, has a building depth of 150 feet, and contains 44,343
square feet. This property received from the Southold Town Building Department a
Certificate of Occupancy for a private one family dwellong on August 15, 1975 (26636).
When your Petitioner and her sisters acquired title from their mother, it was be-
lieved there was no need to obtain approval from the Southold Town Planning Board and
Zoning Board of Appeals in that: The boundaries of the lot had already been estab-
lished by prior deeds and had been approved by the Southold Town Building Department
issuing Certificates of Occupancy; the Zoning Board of Appeals had previously approved
"Cedar Birch Road" as a recognized right of way; and the Southold Town Building Depart-
ment had issued five Building Permits and Certificates of Occupancy for parcels of land
having a depth of 150 without requiring variances, some of which lots contain smaller
areas than your Petitioner's parcel. For reasons best known to himself, the Building
Inspector has arbitrarily decided to require Petitioner to seek an area variance with
respect to insufficient lot depth. The property is located in an "A" Residential and
Agricultural District which requires 175 feet of lot depth. Petitioner's practical
difficulties are obvious in that "Cedar Birch Road" is an established right of way,
and it is impossible to obtain a greater depth than 150 feet which exists for all of
the lots on the westerly side of the right of way.
In accordance with the current procedures in the Town of Southold, your Petitioner
has applied to the Southold Town Planning Board to obtain approval for this parcel.
i
, Gertrude K. Reeve
TOWN OF SOUT1101 15
BtAIDING DI-TARTMIAU
TOWN CLF It K'S OFFICE
SOU FHOLO, N.Y.
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NO1 1Cl01 DiS< PPKOVAL
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File No. lhtc .
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4 PLEASE TAKI~ N0'11CN, thal your application dAcd / t)
• VAC6147 tlF &,(1 tAK F-.-
for
Location of Properly k~ivo, tv, /r r . xv.. z tmk, Slf r o er)
It . 11, u.r No r aN~.l.l Hamlet
County Tux Map No. 100U Section S Blurk Ci Lot _
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a ' Subdivision . Filed Map No. Lot No. .
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is returned hi /ewith and disapproved on the following, „rounds T..lf..ls r NA . CE , .
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EXHIBIT C''Pun
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MINOR SUBDIVISION
1. 6 copies sketch plan received
spot elevations
sent to Planning Board
2. Meet with Planning Board j
3. Required changes sent in writing -i''- -
4. New submission received
5. Approval of sketch plan
6. Sent letter with resolution approving
7. Application and fee
If corporation, affidavit of ownership
6 copies of final map
r-
Covenants and restrictions
Description of property
Note on plat that sanitation ans water facilities
meet County Board of Health specifications
Developer attend meeting (official submission)
8. Public Hearing (within 45 days)
Advertised Affidavits of publication received
9. Action by Planning Board (within 45 days)
10. Sent to County Planning Commission
Received County's recommendations
11. Filed covenants and restrictions received /
12. Authorization and signing of map ~L/~_`
i TOWN CLERK. 7t 7 B H .
DOWN OF SOUTHOLD ~ N?
Suffolk County, New York 516. 765-1801
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