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1000-18.-3-9
KAPELL REAL ESTATE, INC. 400 Front Street Greenport,New York 11944 516-477-9403 Ms . Diane Schultz Secretary Southold Town Planning Board Main Road Southold , N . Y . 11971 December 21 , 1985 Dear Diane : I enclose , herewith , a copy of the survey for the 16 acre parcel which we have discussed on the phone . Please note that the name currently on the survey is that of Leon Marcus , the prior owner of the property . Mr . Marcus had obtained sketch map appro- val for the proposed subdivision in 1984 . I represent the new owners of the property , Plum Gut Prop- erties , Ltd . and Joseph L . Townsend , Jr . who wish to resubmit to the Planning Board an identical plan to that of Mr . Marcus . Would you please forward to Chairman Orlowski this submis- sion for his review prior to making an appointment for me to meet with him on the matter? When convenient , please notify as to an appointment . incerely , t f avid E . Kapell P D T D Southold, N.Y. 11971 HENRY E.RAYNOR,Jr., Chairman TELEPHONE JAMES WALL 765-1938 BENNETT ORLOWSKI,Jr. GEORGE RITCHIE LATHAM,Jr. WILLIAM F.MULLEN,Jr. August 25 , 1983 Mr. Robert W. Gillispie III North Fork Agency North Road Southold, New York 11971 Re: Leon Marcus at Orietht Minor Subdivision Dear Mr. Gillispie: The following actions were taken by the Southold Town Planning Board, Wednesday, August 17 , 1983 . 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 Leon Marcus, located at Orient. An initial determination of nonsignificance has been made. RESOLVED that the Southold Town Planning Board approve the sketch map of the minor subdivision of Leon Marcus, located at Orient, dated February 11 , 1983 . Please submit the filing fee in the amount of $100 and six (6) copies of the final map for our referrals to state and county agencies (requirements for final map enclosed) . Very truly yours , HENRY E. RAYNOR, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E . Long, Secretary Enc , 0 QS�fFOlK�O� OFFICE RNEY ROBERT W.TASKER T D TELEPHONE Town Attorney (516) 477-1400 1 ,Y. c� n n 425 MAIN ST. JUL 2 9 REDID GREENPORT, L.I., NEW YORK 11944 July 28, 1983 Henry E. Raynor, Jr. , Chairman Southold Town Planning Board Town Hall Southold, New York 11971 Re: Leon Marcus at Orient Dear Henry: You have sent me the minutes of the meeting of the Board of Appeals held on December 7, 1972, wherein the Board of Appeals granted access under 280 A of the Town Law, subject to several conditions. It is apparent from reading the Board of Appeals minutes that the approval of access was limited to two houses and the farmer of the land lying between the two houses and the State highway. The Chairman at that meeting stated "if you sold another house you would have to put in the required type of road". From the foregoing, it is apparent that the access that was approved in 1972, was only for the Marcus house and another house. You have indicated that you are presently reviewing an application to subdivide the property into four lots. You have asked me if the applicant has the right to further subdivide the property. I believe that the subdivider does have such right. However, pursuant the the 1972 Board of Appeals decision, the previous approval of access was limited to two lots and it was understood by Marcus that if further subdivision were to take place that the previous approval of access would not apply to any further subdivision. Therefore, the Planning Board, in considering the four-lot subdivision, must approve the access thereto. Yours very truly, /0� ROBERT W. TASKER RWT :aa P FFO D o � T- D Southold, N.Y. 11971 HENRY E.RAYNOR,Jr.,Chairman TELEPHONE JAMES WALL 765-1938 BENNETT ORLOWSKI,Jr. GEORGE RITCHIE LATHAM,Jr. WILLIAM F.MULLEN,Jr. July 26 , 1983 Mr. Robert W. Tasker Town Attorney 425 Main Street Greenport, New York 11944 Re: Leon Marcus at Orient Dear Mr. Tasker: Presently our Board is reviewing an application to sub- divide the above captioned property into four lots . In 1972 an application was made to the Zoning Board of Appeals for approval of access, at which time the applicant indicated there would be no further subdivision of the property (see enclosed statements on application to Zoning Board of Appeals) . Enclosed please find copy of the minutes of the Public Hearing, Planning Board minutes and a copy of the map. We would very much appreciate your reviewing same and advise our Board if the applicant has the right to further subdivide this property. We will await your response prior to any action by this Board. Thank you for your assistance . Very truly yours, HENRY E. RAYNOR, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary Encls .; • . MAR 15 REC'D 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.) Robert W. Gillispie 111 as agent for Leon C. Marcus - 2. The name of the subdivision is to be . . . .. . . . . . . . . . . . . . . . . .. .. . . .. . . . . . . . . . . . . . . . . . . . . . . . ' Minor Subdivision for Leon C. Marcus at Orient., .New. . .York. . . . . . . . . . . 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) please see surveys 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: Liber . . . .7.3 8 . .. . . . . . . . . . . . Page . . . .. 39? . . . . . . . . . . . . On 1 2-8-72 . . . . . .. . . . . . . . . . . . . . Liber . . . . . . . . . . . .. . . . . .... .. . Page . . . .. . . . . . . . . . . . . . . . . . On Liber . . . . . . . . . . . .. . . .. .. .. . . . Page . .. . . .. . . .. .. . . . . . . .. Liber . . . . . . . . . . . . . . . . . . . . . . . . Page . . . . . . . . . . . . . . . . . . . . . Liber . . . . . . . . . . . .. ... . ....... Page On . . . . . . . . . . . . . .. . . .. . . . . : as devised under the Last Will and Testament of . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . oras distributee . . . . . .. . . . . . . . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . . . . .. . . . . ... . . . . . . . . . . .. .. .. .. .. . .. . . ......... . . . . . . . . . . . . . . .. . . . . . . . . .. .. . . .. . . . . .. . . . . . . . . . . . 5. The area of the land is . . .1.?� v79. , . , ,, , acres. 6. All taxes which are liens on the land at the date hereof have been paid except . . . . n�a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7. Thealand is encumbered by . .. n�a mortgage (s) as follows: . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . . (a) Mortgage recorded in Liber . . . . . . . . . . . . . . Page . . . . . . . . . . . . . . . . . . in original amount Of $. . . . . . . . . . . . . . unpaid amount $ . .. .. . . . . . . . . . . . . . . . . held b address . . . . . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) Mortgage recorded in Liber . . . . . . . . . Page . . . . . . . . . . . . . . . . . . . . .. . in original amount Of . . . . . . . . . . . . . . unpaid amount $. . . . . . . . . . . . . . . . . . . . . . held b . . . . . . . . . . . . . . address . . . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 ! (c) Mortgage recorded in Liber . . . . . . . . . . . . . . Page . . . . . . . . . . . . . . . . in original amount of . . . . . . . .. . . . . . unpaid amount $. . . . . . . . . . . . . .. . . . . . . . held b . . . .. . . . . . . . . . . . . . . . . . address . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S. There are no other encumbrances or liens against the land except . . . . . . ,none . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . 9. The land lies in the following zoning use districts . . , A-1 Residential ... . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. I . . . .. . . . . I . . . . . . . . . . . . 10. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex- cept . . . .. .none . .. . . .. . . .. . . .. .. . . .. .. .. .. . . . . . . . . . . . . . . . . . .. . . .. . . .. . . .. .. . . . . . . . . . . . . . .. . . 11. The applicant shall at his expense install all required public improvements. 12. The land (4/ep) (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 laid by . . .R/a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by . already installed . . . . . . . . . . . . . . . . . . .. . • • .. .• • . . • • • • • . . • . • . •. • . . . . . . . . . . . . . and (a) (no) charge will be made for installing said lines. 15. Gas mains will be installed by . . . . . . . r}Ia . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 Ilighovay system, annex Schedule "LB" 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. 13. 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 w hick 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 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 licensed surety company unless otherwise shown mt Schedule "F". Robert W. Gillispie 111 as agent DATE .March 15, 1983 for Leon C. Marcus . . . . . .. .. .. .. . . . . .. 19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .. . . . .. (Nam"Applicant) By(/ . .Y� , . 1. . .� (Signature and Title) . . % The North Fork Agency . . . . Rt. .Ox Southold t New York (Address) . . . . . . . . STATE OF NEW YORK, COUNTY OF . . .1'. 131.ir_ •I.�.. . . . . . . . . . .. ss: On the . . . . .]., .T4h. . . . . . da of. . . . ..M. . y •t ''0"kC'k • . . . . • . • •. 19• . &3., before me personally came me known to be the individual described in and who executed the foregoing instrument, and acknowledged that . IAC . . . . . . executed the same. �� ELI �N NEV LLLt . . . •.. . . . . . . . Nota Publi SOTANY PUBLIC, State of ew YOrR No. 528125850, Suffolk Cou Term E,Djres March 30, 1B, 7 STATE OF NEW YORK, COUNTY OF . . . . . . . . . . . . . . . . . . . . . . . . . . . . ss: On the . . . . . . . . . . . . . .. . day . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 corporation. an'l that signed . . . . . .. . . . . .. . name thereto by like order. . . . . . . Notary Publie . . . . . . . .. . . . . . . . . . . . . . . . . . . . .ublic " ' Southold Town Planning Board March 15, 1983 Town Hall Southold, New York 11971 Re: Minor Subdivision for Leon C. Marcus at Orient, N.Y. Gentlemen: 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. Robert W. Gill pie 111 as agent for Leon C. Marcus % The North Fork Agency Rt 48, Southold, N.Y. •--- � � � `' �N 1,;1 i����S'�" til l rv::�.r -7-077-117 order to onsr;er the questions in this short EhF it is assur that the Prcpo:-cr will use currently avoilublc information concerning tl project and the li;;cly impacts of the action . It is not expected that odditional 5tudien , rcncarch or o,her investigations will be undertaken (b ) If any question has been onsvcred Yes the project may be significant ane o comptions have been cnleted Env.ironncntal Asscssment Form is necessary , (c ) If all quesserered tJo it is likely that this project is not significant . (ci ) Environn_ntal Asscssrn^nt 1 . I7ii1 �r0J^ct result in a large physicol change to the project site or physically alter more thr.n 10 acres of lane?? . . . . . . . . . . Yes x No 2 . Will thorc be a major chonge to any unique or unusual land form found on the site? . . . . . . . . . Yes No 3 . Will project alter or Neve a large effect on er.isti. body of water^ . . . . . . . . . Yesx No 4 . Will project have n patentiolly lorgc impact on groundwaicr quolity? . . . . . . . . . Yes x ' No 5 . 1'1'11 project significantly effect drainage —'- flour on adjacent sites? . . . . . . . . . . . . . . . . . . . . . . . . Yes _No 6 . lYill project affect any threatened or cndangcrcd plant or oninal species? . . . . . . . . . . . Yes X, No 7. Will project result in a rnaja r adverse effect . on air quality? . . . . . . . . . . Yes No C . ''dill project have o major effect on visual character of the eornnunit ,v or scenic Views or vi : tos known to be important to the community? Yes No 9 . Will project adversely impost any site or —' structure of historic, prehistoric or palcontological importoncc or cr;ry site ctc 'Unotcd as a critical cnvironnentol arca by c local agency? . . . . Yes No 10 . Will Project have a major effect on existing or future recreationol opportunities? . . . . . . . . . Yesx No 11 . 1d.i .11 project result in nojor traffic problems or, cause a major effect to existing transportation systerns? . . . . . . . . . . . . . . . . . . . . . . . Yesx No 12 . ''ill project re,ularly souse objectionable '— odors, noise, glare, vibration, or clectrieol disturbance as a result of the project ' s operation? . . .. . . . . . Yes x No 13 . 1.1' 11 praject have any inpan et o •public health — or . sofcty? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yesx No 14 • Will project affect the existing community by '— directly causing a growth in permanent population of more thon 5 percent over a one year period or have a nojor negative effect on the character of the community or neighborflood? . . . . —Yes x No 15 . Is there public controversy concerning the praject ? . . . . . . ��41as . . . . . . . . . . . . . . Yesx No PREPlrhEP ' S SJCNATU^C (/E t� ` x �'� REPP,ESENTIttC Robert W. Gillispie agent for _ Leon C. Marcus DATE March 15, 1983 r 0 Southold Town Board Of Appeals -6- December 7, 1972 That applicant center his mobile home, and that it shall be no closer than 102 feet to either side line ; and that the average front yard setback shall determine the distance back from Wilmarth Avenue . Vote of the Board : Ayes: - Messrs: Gillispie, Bergen, Grigonis, Hulse . PUBLIC HEARING: Appeal No. 1697 - 8: 15 P.M. (E.S.T. ) , upon application of Leon C. and Katherine A. Marcus, 145 Sylvan Lane, East Marion, New York, for a variance in accordance with the Town Law, Section 280A, for approval of access. Location of property: north side Main Road, Orient, New York, bounded north y F. A. Dorman Estate; east by Lydia Brown; south by Main Road; west by George L. Edwards Est. Fee paid *15.00. T.-.G Cl.airman opened the hearing by reading the application approval of access, legal notice of hearing, affidavit attesting to its publication in the official newspapers, and notice to the applicant. TIE CHAIRMAN: Is there anyone present who wishes to speak this application? :fftS. KATHERINE A. MARCUS: The Planning Board thought we owned separately. We own it all together. They interpreted it that we owned in two different sections. TI-3 CHAIRMAN: You don't have a minor subdivision up there? I:ARCUS; No, we do not . THE CI 1IRifL�2T; As i understand it, the new owners have no ntention of subdividing. If they ever did there would have to c3 a 50 foot access which is proper for subdivision. This access .,,ao originally a farm road that went up the easterly side of the - 1, e Y. You plan to reserve 39 feet all the way up, approxi- 'ately 40 feet. lThe 9oard and Mrs. Marcus studied the map, and Mrs. Marcus i:di3atcd where they plan to build ) . :RS. .MARCUS: We bought in September or October of 1972. =:R C SIR MAN: ( indicating map) This has been sold to a friend "'�` uh3y .:ave to get access. F Southold Town Board of Appeals • , -7- December 7, 1972 THE CILIn.XkN: (addressing Mr. Terry) Do you remember the original subdivision plan? 1'LM. HOWARD TERRY, Building Inspector: The road went up between the two houses to the Sound. THE CHAIRMAN: What we would do would be to limit the use of this access to one family here ( indicating map) , and one family here, and to the farmer. You understand that this access could not be used for anyone other than your own house, the other house, and the farmer. If you sold another house you would have to put in the required type of road. (Mrs. Marcus indicated that she understood the requirements ) , THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response. ) After investigation and inspection the Board finds that applicant requests approval of access on premises located on the north side of Main Road, Orient, New York. The findings of the Board are that applicant has made a reasonable request . The acreage between these two plots and the Main Road is to be kept in farmland. The access as described is the most practical access. The access will have to be improved, subject to final approval of the Building Inspector, to a width of at least 15 feet, It will have to have bank run so that emergency vehicles can get in at any time of the year, and will have to be crowned and the dips filled in. Also, where the access meets the Main Road the hedge on the east side should be clipped for better visibility. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district ; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance . On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED Leon C. and Katherine A. Marcus, 145 Sylvan Lane, Bast ;Marion, New York, be GRAIITED approval of access on premises located on the north side of Main Road, Orient, New York, as applied for, subject to the following conditions : That the access be limited to the two plots described and that they shall be for single, residential, family use. :access shall be improved to a width of at least 15 feet subject to final approval of the Building Inspector. Southold Town Board of Appeals December 7, 1972 That hedge on the east side, where access meets the Main Road, should be clipped to a height of 30" for better visibility. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse . LIC HEARING Appeal No. 1700 - 8:30 P.M. (E.S. . ) , upon applica ion of Carol Dowd and Theodore Dowd c/o Thom Daly, Southold, ow York, for a variance in accordance wit the 'Coning Ordinance, ticle III, Section 301, for approval o lots in minor subdiv ion. with loss than required area, L anon of property: Soun View Avenue Extension and Lighth use Road, Southold, Now Yo k, Minor Subdivision No, 39. ee paid $15.00. he Chairman o for alvariance$ lega nod the notice ofahearing, rar ng the application its publication in. the official newspaper ind no attesting to i applicant. , and notice to the THE CHAIRMAN: Is the anyone 1 p ©sent who wishes to speak for this application? y A 1'2. THO11AS DALY: I am her o represent Carol and Theodore Dowd. I have a survey of the pr erty with me . (Referring to survey) These two lots were s d st year. These lots are the ores that remain. They are u der c tract. THE CHAIRMAN: The su Gy is date October 19, the subdivision approved? 1970. When was MR. DA LY: Septem r 26, 1970. I thi we need a a Certificate of Occu ncy. pproval for R. HOWARD TER , Building Inspector: It h\\ould be confirmed. THE against this lappldication?/iIsthere anyone present who wishes to speak (Therewq/ no response. ) ,ftor vestij;ation and inspection applicant ©coos s a p tion the Board finds hat loss t approvalof lots in minor subdivision ith �nan required area on promises Extonsio and Li h house Rod So located at Sound Viow Avenue divisi No, b t' uthold, Now York, Minor Su subda inion was �approvedThe ninn197Ofandethatrtworlo{thahavemalroad bee' sold from Map dated October 19, 1970 describing the proper ' Board a-reos with the reasoning of the applicant. p i urHan foxy ING CRN kO '\ovn Uo 4- lownS<,o� 3- Cb soft— + TOWN OF SOUTHOLD, NEW YORK 4'� DATE ....Jtl.L......... t.r 2972 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1697 Dated 170"MEer 3, 1972 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To loon G. & Katherine A. Harcus Appellant 145 Sylvan Lane Fast Marlon. t.ew York at a meeting of the Zoning Board of Appeals on Seca rotor 7, 1972 the appeal was considered and the action indicated below was taken on your j( ) 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 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 $_1,5 P,M, (E.S.T. ), upon application of Loon G. and 4ather1t»e A. Marone, 115 Sylvan Lane, wast HArion, Vow York, for a variance in accordance with the Town Law, Section 280A, for approval of access. Location of property: north side Main Road, Orient, f:ew York, bounded north ty P. A. Darman Estate; east ty Lydia Prown; south by Main Road; west by George L. Edwards +at. Fee paid 4;15.00. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEF HrEvEabs (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 ST.:t: ie V�iR =i; (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because .LIM AWNMIN 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. LEE REVERSE ZONING BOARD OF APPEALS FORM ZB4 arJ02'10 iQJeBCGatt, .'4cretary outhulci Town Foard of s.yFeal.a ems— After investigation and inspection the Poard finds ttmt applicant requests approval of access on premises located on the north side of Main Road, Orient, F'ew York. The findings of the Poord are that applicant has made a reasonable request. The acreage tetween these two plots and the Main ;load is to Te kept in farmland. The access, as doscritod, is the most practical access. The access Will have to to improved, subject to final approval of the P.uilding Inspector, to a width of at least 15 feet. It will have to have bank run no that emorgenoy vehicles can get in at arty time of the year, and will have to to crowned and the dips filled in. Also, where the access meets the Vjain Road the hedge on the east side should be slipped for better visibility. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship= the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use districts and the variance will not change the character of the neighborhoodp and will observe the spirit of the Ordinance. THEIRPORE IT WAg REBOLVED Lean C. and rathorira A. ;;arcus, 145 Cylvan !ane, East Marlon, row York, to GIIA14TED approval of access on premises located on the north side of :slain Road, Orient, Vow York, as applied for, subject to the following conditions: That the access be limited to the two plots described and that they shall to for single, residential, family use. Access shall be Improved to a width of at least 15 foot autject to final approval of the Building, Inspector. That hedge on the east side, where access meets the .aln :toad, to clipped to a height of 30" for tetter visibility. Vote of the Poardr Ayest- Messrs: lailliapio, Pergen, Cri�onts, Halos. a e m • FORM NO. 3 TOWN OF SOUTHOLD l BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL FileNo. .................................................................. Dote ............................P QX..........3.......... 19-72.. To Leon.A..Katherine-Yar-cus.................. :...:uua............................................ ...........East...Mamdonl...2:..Y............................. PLEASE TAKE NOTICE that your application dated .....................N.QX.......,j.............., 19.72,. for permit to construct .ti'O...dwal1.i7]gs........at the premises located at........RA.Q.;J.a...off..NIS Main-Road.............................................. Street Crient MaAx......................... Block .......;X............................ Lot &MMtL-&drL k.. and, .disapproved on the following grounds .... aah...of..a pravad..access uu u Ss^ 0".n..:.aw....f,.pranahle..eua.sion... oy...subd .............................................................,................................................................................,................... .............................................................,................................................................................,................... x::1..::.:..............1..:. Building Inspector 1 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. )6 'i✓� DATE ..1�..\ \. ... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) .......1.4..5...Sy1\,BLn..Lane...... Name of Appellant Street and Number ..........Town..FSS..Southold............................................ New..York........HEREBY APPEAL TO Municipality State j THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILD NG I SPEECTOOR. ON APPLICATION FOR PERMIT NO. .................................... DATED .........�1.. . .. ..:_7.... ................ WHEREBY THE BUILDING INSPECTOR DENIED TO ................................................................................. Name of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE ( > PERMIT FOR OCCUPANCY ( X) Approval of access to interior portion of property. 1. LOCATION OF THE PROPERTY _.............................................................n.An................i............. Located in Orient. Bounded Street Use District on Zonng Map on the North by F.A. Dorman ESTATE, the West--George L. Edwards Estate, East--Land of Lydia Brown, Map No. Lot No. South--Main Road 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.) Section 280a . Subsection 3 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map ( X) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal MIX (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( X) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance is requested for the reason that there is only 41 .81 feet of access to Main Road along easterly side of said property where a road used for purposes of farming is already in existence . One acre has been sold in the wooded ortion of said property ad'acent to ,!here we propose to build a home (this is the upper four acre—hooded portion of property) . We intend to leave the balance for farmland. A road through the middle cPf tA? farmland !!ould cause an unnecessary hardship on the farmer. It O"" (Continue on other side) is not our intention to further subdivide the property, but to leave It farmed . Thus, only two families ' ould be using this road. REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because there is no access to northern portion of property where we wish to bmild . There is only 41 .81 feet of access to the main road along easterly side of said property where there is an existing farm road. If the road were to go up the center of farm- land, it would divide the land into two segments making it more difficult for the farmer to farm. Also, it would destroy the beauty of open farmland . Therefore, we would like to bmild a road following the eastern side of the property where a rough road bed already exists . 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because there is a state sump bordering on the southern side of the property thus allowing only the aforementionec 41 .81 feet access to the main road (Route 25 ) on the easterly side of said property. There are no road facilities to proposed building sites . As we have no intention of further development, there is no need at - this time, for a road through the middle of said property. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the road would be in the same place as the now present farm road, and the farmland would retain its existing character. Whereas, a road up the middle would destroy the original character of the land. Also, the houses to be built will be built an the wooded portion of the property and will not be conspicuous from the main road. The driveways leading from farmland road to _building sites will be laid in such a way as not to be fully visible from main road . STATE OF NEW YORK ) ss .... ... �2/rLl�tt f�.. ...... 1r/ / c 9_- COUNTY OF (() Signature Sworn to this ............d .7................... day of.... ..................... 19 '7 L� :fR(c. ary Pµbhc ' �AIDC ry e' v 'JfR TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) A.,...Max.0.l .......1.45...SYl all-Lane......Eazt...Maxian. Name of Appellant Street and Number .........Town... f...Southold............................................. NgW...` QX)k ........HEREBY APPEAL TO Municipality State // THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING SPEP TOR ON APPLICATION FOR PERMIT NO. .................................... DATED ..................V.�.. ..:. /".(..v.... WHEREBY THE BUILDING INSPECTOR DENIED TO ................................................................................. Name of Applicant for permit of .................................................................................................................................. Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( X) Approval of access to interior portion of property. 1. LOCATION OF THE PROPERTY ...............................................................11AI............................... Located in Orient. Bounded Street Use District on Zoning Map on the North by F.A. Dorman ESTATE, the West--George L. Edwards Estate, East--Land of Lydia Brown, Mop No. Lot No. South--Main Road 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.) Section 280a , Subsection 3 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map (X ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (M) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance andwas made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL (y, ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance is requested for the reason that there is only 41 .81 feet of access to Main Road along easterly side of said property where a road used for purposes of farming is already in existence . One acre has been sold in the wooded ortion of said property adlacent to where we propose to build a home this is the upper four acre-wooded portion of property) . We intend to leave the balance for farmland. A road through the middle of the farmland would cause an unnecessary hardship on the farmer. It Form ZB1 (Continue on other side) it �1ot our intention to further subdivid the gxopeThtiyst road.but leave armed . Thus, only two families woulde be using REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because there is no access to northern portion of property where we wish to bthild. There is only 41 .81 feet of access to the main road along easterly side of said property where there is an - existing farm road. If the road l,,ere to go up the center of farm- land, it would divide the land into two segments making it more difficult for the farmer to farm. Also, it would destroy the beauty of open farmland . Therefore, we e:ould like to bdtild a road follor•ing the eastern side of the property there a rough road bed already exists . 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because there is a state sump bordering on the southern side of the propertthus allowing only the aforemeltionec 41 .31 feet access to the main road Route PF ) on the easterly side of said property. There are no road facilities to proposed building sites . As we have no intention of further development, there is no need at this time, for a road through the middle of said property. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the road would be in the same place as the now present farm road, and the farmland would retain its existing character. Whereas, a road up the middle v:ould destroy the original character of the land. Also, the houses to be built . ill be built do the wooded portion of the property and will not be conspicuous from the main road. The driveways leading from farmland road to building sites will be laid in such a way as not bo be fully visible from main road . STATE OF NEW YORK ) 0 ) ss ... ... ........... COUNTY OF ) Signature ,.. .. da i � Sworn to this ....... .. ...................... y of.. ..µd��l. .i ......................... Vr. . Public r: v n �1 {l 1 �I 1 SouthoLd Town Planning Board - 11 - October 25 , 1972 George Ahlers presented a map of property at Orient owned by Leon Marcus . Mr. Marcus wants to sell one acre to someone else . Mr. Wickham said the same property owner owns adjoining property and you are talking about two lots . Mrs . Marcus said they have no intention of subdividing this property . Mr . Wickham said sometimes there is an accident or a divorce and the property is on the market. The heirs have to dispose of it. Mr . Ahlers said there are 19 acres and their house will be in the center of the parcel of three acres . Mr . Terry said you have to have approval of access from the Board of Appeals . Mrs . Marcus said they don ' t want to make a subdivision because they don' t want to develop it. Mr . Wickham said you could build one mouse on it . Anyone can sell of a chunk of land if it is an occasional sale . When you say you want to sell off a chunk of land and you want to build a house on what is left and then get approval of access from the Appeals Board then this is not an occasional sale . You have to have approval from the Board of Appeals for access . Mfs . Marcus said she would check with her husband and see if they actually 5 hold title to all of the land now. On motion of Mr. Moisa, seconded by Mr . Grebe , it was RESOLVED that the minutes of the Southold Town Planning Board meeting of October 3 , 1972 , be approved as corrected. Vote of the Board: Ayes : Messrs : Wickham, Moisa, Grebe , Coyle , Raynor. The Board discussed the proposed change of zone on. Mechanic Street, Southold , brought on the Town Board ' s own motion . On motion of Mr . Coyle , seconded by Mr . Raynor , it was RESOLVED that the Southold Town Manning Board recommend to the Southold Town Board the change of zone from "A" Residential and Agricultural District to "B-1" General Business District the following described property: I - � A , �_ Ir4'�''r^r- 3u�f�/y':� �e Ln:���y uli.:�,n•.xx{ x��l�ms � � I 4o trr IA :;c tf'. f-o. !{eu �s I m' 51) PY 5.41 Ilk ro � f j b �JJ / fl __ 17 L N . L d/°AO 4I -. b' +�^ . RECEIVED" BY SOOPHOLD TOWN PLANNING BOMB o. a to 7 L KY3 li / - •' M1" �, VS n•i J HIAUINOEItEo urtw 4m ur AwmOn n 4 M CO THIS SURVEY Is A wourlON Od' 0 OO"HIS Sum Am,F CCM` [ECNON In.Or THE NEVI low STATE � -' WlILT4JN uw 00 w \ � t'"IIIR' M11�"�,' .[.4 .FrJ ��✓✓++ // �" - {E"yf,- DNOT QO AES REAL TRUESHA L NOT ' _.f __--�—_ w r•�f L t�Y(JAl"H�S (u�"G. } 3 _ Tl – I Yy. P'HARAO IESW INDICATEDRSOF HEREON THEALL EJF i I PR TO 1Mf PERSON HIS WHOM O HI SITEEENIRIM)p AND ON COMPANY,GOVERNMENTAL AGSM„ (MNWG INSTITUTION LIST.Ill. 1-7 ol-e _ N 9HE ASSIONEFS Of THE IEPpIK. IW NO FOR TIONAUGUARAE6 ARE 1'. IRAW A10 i - ' 'cs.m ,� . 1 i."'f [W'' 'IOn ! �� WNEAS ONAL iNRT.ve n n ft't�^ �� SuF3�J1i/CllN MARIC I "' t� '�i .�,; _ , (ti�'+er,�"r�es }'.Y�'�^. '" "f'itl Ck✓� .:.,.�,�L�- �" , d , �'Y,.i '/v+' "-' i4+ ar• +„�: .f id G.h'' C7t%MT'1"1 - ,:/t'vN fir/ Si.: - ,/"7.`r '°r ,. f,;,. p � q�� +91 , + / VFW YOAK c I v� cap �� . � r- ate. ��✓{ fir, ✓ X � ? �. � .a��r�.r�d . Fr I e�r:� a �*I:�rl ' � A, : l t ` C ry,! r I i n ak a � IiG4!l�'At1- siW ,. 'S "IX :r'S7 +k+ _ I Af✓/ f!fG /•, + k �J�, r'.rG.7""/'<Di'� 1� ,1 t�: l�G'7C-! .k*'.-a.�.r+e-...:w., ..,,,y,..:�, - .' -w SI;l s' . ,hI T S s. r "'�r a . . , J! I ,J f �,d /' ,rcLeA' �i Y•'r.1 •��w•. j , . s'• C Cx ' r' .{ l" :? qli i y. -' u - _ ,_w...i--�bsijyr ^^'. nM. ».. y'h'w wM'..,�7- *�i^: -r�rt..; ..is•e,..,.-..�y.mLr f+,:.,- - ,.+k�.L *`�!. •,#v..rr -.�hr„ •ir..±*�.•,V';. -, IT. -- F-I � . II r I '-'ter-ra1_�-_ . = -v-�.�rJ ,'� � - r-�_• iti tl._ , Oro � "o c/ I - n _ _ or I I v \ ^° l i vl it I b to a Jrn / N 01 � a�h q' I RECEIVED 6Y Z C' i e zs �� y` $pBTNBIp WS PLANNING BBAB^ i 37O..2! N. 37` -f2, GO" ' ` DATE 4 *,b '3 r:�f ��w.^Y/5 E3'f. O �q ` / / c • LQr.e✓ � Lulna � U/70/R/P/7 VO r'i Co y / '!fi© C�� �R'Oi3�'`/R'TY � I �-,.! �- q�,71;ti/n,✓-� �� � ,,'�'Y�`;/�^phi r. 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