Loading...
HomeMy WebLinkAbout4057 APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wil~on Telephone (516) 765-1809 Appl. No. BOARD OFAPPEALS TOWN OFSOUTHOLD 4164 and No. 4057. SCOTTL. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Upon JOHN SEPENOSKI~ JOHN A. NOBILE and SUSAN NOBILE. (Michael N. Hills, Esq.) Request for Variances: (a) for approval of access for fire and emergency vehicles over a private right-of-way pursuant to New York Town Law, Section 280-A, and (b) to the Zoning Ordinance, Article XXIV, Section 100-244B (Article IIIA, Section 100-30A.3) for approval and recognition of substandard lot area and depth, as exists, in this R-40 Low-Density Residential Zone District. Location of Property: 5600 Horton Lane, Southold, NY; County Tax Map Parcel No. 1000-54-3-14.7. This parcel contains a total lot area of approximately 33,542 sq. ft. and depth of 140.97 feet. WHEREAS, a public hearing was held on April 22, 1993, and all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. 280A RELIEF REQUESTED. The Portion of the right-of-way premises which is under consideration in this appeal application extends from the easterly side of Horton Lane, Southold, in an easterly direction, 157.85 feet to the rear (Sepenoski) parcel. The 157.85 portion of this right-of-way is shown on the Suffolk County Tax Maps as part of 14.9 (now of Nobile), District 1000, Section 54, Block 3, and is more particularly shown in detail on a map prepared by Joseph A.. Ingegno, L.S. dated September 4, 1992. 2. PRESENT CONDITION OF RIGHT-OF-WAY. The base of the right-of-way as exists today is in fair condition with a cleared width of approximately 9 or 10 feet. Its base is is need of improvement for leveling and filling of potholes. There is a slight curve which exists does not necessarily need to De page 2 - Appl. No.g64 and No. 4057 Matter of JOHN SEPENOSKI AND OTHERS Decision Rendered May 11, 1993 straightened as long as a 14-ft. clearance is made, and the width of the its base will need to be widened to 12 feet with a one-foot unobstructed clearance on each side (14-foot total clearance) for sufficient maneuvering and access by fire and other emergency vehicles and trucks. 3. RECOGNITION OF LOT, AS EXISTS: The lot which is the subject of this application is located in Southold commencing at a point approximately 158 feet easterly from the easterly side · of Horton's Lane. The parcel consists of a total lot area of approximately 33,600 square feet (aver. 134.17 ft. x 150 ft.). The lot adjacent to this property on the west was conveyed June 15, 1965 by Overton to John A. Sepenoski and wife, leaving this parcel, as exists. Later in 1981, the subject parcel was conveyed by the Estate of Ollie Overton to John A. Sepenoski, without ever having been built upon. Each of these two parcels have remained in separate ownership since 1965. 4. BUILDING PERMIT PROCEDURE: On August 19, 1991, an application was made to the Building Inspector for the location and construction of a single-family dwelling. The Building Inspector disapproved this application on September 11, 1991, under Article XXVIII, Section 100-244B (and Section 100-281B concerning lack of access to a town street under 280A of New York Town Law). Section 100-244B of the Zoning Code reads as follows: B... A nonconforming lot separately owned and not adjoining any lot or land in the same ownership at the effective date of this Article and not adjoining any lot or land in the same ownership at any time subsequent to such date may be used, or a building or structure may be erected on such lot for use, in accordance with all the other applicable provisions of this chapter, provided that proof of such separate ownership is submitted in the form of an abstract of title showing the changes of title to said lot, which abstract shall be in the usual form ...certified ...in Suffolk County. Such lot shall be granted relief for front, side and rear yard dimensions as follows: Lots having less than 40,000 sq. ft. and more than 20,000 sq. ft.: Width 120 Depth 140 Front 40 Both Sides 15 and 20, total 35 Rear 50. .Page 3 - Appl. No.~64 and 4057 Matter of JOHN SEPENOSKI AND OTHERS Decision Rendered May 11, 1993 5. ADDITIONAL DATA: noted for the record: The following information is also (a) there has been no literal change in the dimensions and layout of the property since immediately prior to January 1989 or thereafter which might affect the circumstances of the revised master plan; (b) county records show the existence of this parcel continuously since 1965; (c) prior to the adoption of the master plan revisions in January 10, 1989, the requirement for a single and separate search was not required under zoning for building permit applications. 6. OTHER CONSIDERATIONS: In considering this application, the Board also finds and determines: a) the benefit to the applicant,.as weighed against the detriment to the health, safety, welfare of the community, is greater, and is not unreasonable or substantial in relation to the requirements; b) the benefit sought by the applicant cannot be achieved by some other method, feasible for applicant to pursue, other than this request; c) the relief requested will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; d) the difficulties created are related to the land and are not personal to the landowner; e) this application, as conditionally granted, will not be adverse to the preservation and protection of the character of the neighborhood and the health, safety, and welfare of the community. Accordingly, on motion by Member Wilton, seconded by Member Goehringer, it was RESOLVED, to grant approval under New York Town Law, Section 280-A over the subject right-of-way, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the right-of-way be improved 12 feet in width, and have an unobstructed clearance at 14 feet (or more at the Page 4 - Appl. No. O64 and No. 4057 Matter of JOHN SEPEI~OSKI AND OTHERS Decision Rendered May 11, 1993 option of the applicant), in accordance with the Stipulation of Settlement resulting from the declaratory proceeding under Index No. 1742-89 in New York State Supreme Court; 2. That the improvements within the 12 ft. width include the following for a full length extending from Horton Lane for a distance of 182 feet to the interior lot (Sepenoski): (a) filling of potholes and leveling; (b) placement of two inches (2") of stone blend (or more at the option of the applicant; 3. That this 14-ft. clearance allow for sufficient manueverability by fire and emergency vehicles; 4. That any substitution of materials must be accepted by the Chairman of this Board; 5. That the entire 182 ft. length of the subject right-of-way be continuously maintained in good condition at all times. 6. Final acceptance shall be made by either the Building Inspector or the Board of Appeals' Chairman, or his appointed representative; and be it FURTHER RESOLVED, that the parcel which is currently identified on the Suffolk County Tax Maps as No. 1000-54-3-14.7, now of Sepenoski, be and hereby is CONFIRMED and RECOGNIZED for single-family dwelling use, subject to all setback, bulk schedule and other zoning requirements applicable under the Southold Town Zoning Code, and subject further to the County Health Department and any other agency approvals which will be necessary at the time of submission of an application for a building permit (with the exception of lot size). Vote of the Board: Ayes: Messrs. Goehringer, Dinizio, and Wilton. (Members Doyen and Villa were absent.) This resolution was duly adopted. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, APRIL 22, 1993 commencing at the times specified below: 1. 7:30 p.m. Appl. No. 4162 - THE INGEBORG TALLAREK TRUST. Request for Variance to the Zoning Ordinance, Article XXIII, Section i00-239.4A for permission'to locate an addition within 100 feet of the. L.I. Sound bluff at 905 Aquavie~ Avenue, East Marion, NY; County Tax Map Parcel No. 1000-21-2-11. This parcel is substandard in this R-40 Zone District and contains a total lot area of approximately 24,000 sq. ft. 2. 7:35 p.m. Appl. No. 4163 - RUSSELL IRELANDr JR. Request for variances to the Zoning Ordinance: (a) Article IIIA, Section 100-30A.4 {100-33B-3) for permission to locate accessory garage with a side yard setback at less than the required 10 feet; (b) Article XXIII, Section 100-239.4B for approval of a Page 2 - Notice of ings Southold Town Board of Appeals Regular Meeting of April 22, 1993 proposed new deck addition and for grandfather approval of existing deck addition built prior to May 1985, all of which is located within 75 feet of the bulkhead along Great Peconic Bay and with reduced easterly side yard to less than the 20 feet, and total side yards to less than 35 feet, as required by Article IIIA, Section 100-30A.3. Location of Property: 5400 Great Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-128-2-I2. This parcel contains a total-lot area of 43,402 sq. ft. and is located in the R-40 Low-Density Residential Zone District. 3. 7:40 p~m. Appl. No. 4059 - JOH/~ SEPENOSKI, JOHN A. NOBILE and SUSAN NOBILE. Request for Variances: (a) for approval of access for fire and emergency vehicles over a private right-of-way pursuant to New York Town Law, Section 280-A, and (b) to the Zoning Ordinance, Article XXIV, Section 100-244B (Article IIIA, Section 100-30A.3) for approval and recognition of substandard lot area and depth, as exists, in this R-40 Low-Density Residential Zone District. Location of Property: 5600 Horton Lane, Southold, NY; County Tax Map Parcel No~ 1000-54-3-14.7. This parcel contains a total lot area of approximately 33,542 sq. ft. and depth of 140.97 feet. 4. 7:45 p.m. Appl. No. 4157 - DEPOT ENTERPRISES, INC. (Reconvened and continued from March 18, 1993)'. ° Page 3 - Notice of ~ings Southold Town Board of Appeals Regular Meeting of April 22, 1993 5. 7:55 p.m. Appl. No. 4156 - GARDINERS BAY ESTATES CLUB, INC. (record owner as per Deed at Liber 7671 page 415)-filed by GARDINERS BAY ESTATES PROPERTY OWNERS ASSOCIATION. {Reconvened and continued from February 2'3, 1993}. This is an Appeal based upon the February 10, 1993 Notice of Disapproval issued by the Building Inspector requesting an Intepretation of Article III, Section 100-31C(3) of the Zoning Code which provides for "...docking or mooring facilities for no more than two (2) boats other than those owned and used by the owner of the premises for his personal use." Applicant is proposing to construct new dock areas with multiple boat facilities at the community beach of Gardiners Bay Estates. Location of Property: Part of Private Road known as Dogwood Lane situated along "Spring Pond," an estuary, of Orient Harbor; also shown on the Map of Gardiners Bay. Estates, Section 2, filed in the Suffolk' County Clerk's Office as Map No. 275, East Marion, N~/; County Tax Map ID Nos. 1000-37-1-part of 23 (private road), and part of 17 (underwater land). The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review the files or need to request more information, please call 765-1809 or visit our office. ' ' Dated: April 9, 1993. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER CHAIRM3%N By Linda Kowalski FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL · , ' ,,- .. Date .~/~/.//. .................... 19 ~/(... ' ' ....... ././.~b/ PLEASE TAKE NOTICE that your application dated ..... ~. ......... ,19 ~.~.. - ~ouse ivo. Street. ~amlet County T~ Map No. ~000 Section .... ~..~. .... Block .... ~ ........ ~ot ../...~..~...7.... Subdivision..' ............... Filed Map No ................. Lot No .................. is returned herewith ~nd disapproved on the following grounds ..... :,: ~.~/..~. ~_~..%~ ............... ~ ............. ~.~ ~ . . .....~~.~... -'v Z~ ~ ' " ' 4 ..... ~... ~.. ~~..~.~.~..~~..~.~. .... . .... 7 .... . ....................... ~- .,,-;~ R~ 1180 ¥ ~r~X~ .... ;%,~.~- ........... ~ · ~.. _. ~.~:~. ,,Ub 3 0 . TOWN OF Exam Approved ................ , 19... Per~t NC ............ ............... FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 ARD OF HEALTII ......... SETS OF PLANS .......... SURVEY ................... CIIECK t:OTl I::Y: c^LL . ~.'.%~'A ~.:/6 ...... HAIL TO: .... .4.e F. f~3~c .~. ~, ~ , (Building Inspector) APPLICATION FOR BUILDING PERMIT Date ................... 19 INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 ;ets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets ~r areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- :ation. ~. The work covered by this application may not be cbmmenced before issuance of Building Permit. l,d. Upon approval of this application, the Building Inspector ~vill issued a Building Permit to the applicant. Such permit J:~l be kept on the premises available for inspection throughout the work. .s e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy ~hall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the 3uilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or legulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. fhe applicant agrees to comply with ali applicable laws, ordinances, building code, housing code and re ulatio :dmit authorized inspectors on premises and in buildine for necessary in~nectinn~ - :.---~--: ...... __ . (Signature of applicant, or name, if a corporation) · ' r >: ...... (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder· Name of owner of premises .......... :- ......... .~.~.t-e.</5;_. .~ .... ?. c. .~. . . . .~.~. ~,c...~.c.,5. c._/. ............... (as on'the tax roll or latest deed) ...... If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) B dders Lmense No. A~, Plumber's License No. Electrician's License No... ~./(.."~. ............ Other Trade's License No... ~ff~ .......... Location of land on which proposed work will be dim.. --,%*~ .~ ~7~ ~ · ~ o~ ~ ~--. ~~ .... - .... ~ .................. Ilouse Number [ ........... County Tax Map No. 1000 Section · .~.'[~ Block :..~:.. :. ........ Lot .d~2: ........... Subdivision ..................................... Filed Map No. ·. Lot (Name) ........................... State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ........ ~...V~.'+~.~ ........... . ' .......... ~ ' ','., 1 ~ 7''~ ~ ........ b. Intended use and occupancy ..... ~ .......... . ....... ~ .......... .. ~ :~ ..... 3. Nature of ~ ork (check which aP~. ab~)New Building .)~.. ..... Add ... Alteratign . .'....-. ~.. Repair .............. Removal .............. Demolition .............. Other Work ....... .' ....... 4. Estimated Cost ~//.~. (Description) '" ''"'".-.-................... Fee............ .... .. .... ........ .... .... .~./...,~. (to be paid on filing thi~ application) 5. If dwelling, number of dwelling units ........... Number of dwelling units on each floor ................ · If garage, number of cars ............... 6. If business, commercial or mixed occupancy, ' ...................................... ~//~ .............. specify nature and extent of each type of use 7. Dimensions of existing structures, if any: Front ..................... ............... Rear .............. Depth ............... Height ............... Number of Stories ........ . ......,~ ..................................... Dimensions of same structure with alterations or additions: Front . .'/~. ............ Rear ..... Depth ...................... Height ...................... Number of Stories ........ 8. Dimensions of entire new construction: Front Height ............... Number of Stories ........... Rear ............... Depth ............... 9. Size of lot: Front ......... iii ........... 10. Date of Purchase Rear ...................... Depth ................. 1 I. - ...................... Name of Former Owner ............................. Zone or use district in which premises are situated ..................................................... 12. Does proposed construction violate any zoning law, ordinance or regulation:~ 13. Will lot be regraded .. ~JO Will excess fill be removed from premises: Yes No 14. Name of Owner of premises ~J,,~.~. $.,;x~ ~o,~,lc Address d~¥o ff/_~'rc.,~ .~.<~. .... Phone No ................ Name of Architect ............... ' ...... A ............ ddress ................... Phone No ................. Name of Contractor ......................... Address ',5. Is this property within 300 feet of a tidal wetla~'d'~ ................ Phone)fro .......... · *Yes ........ No...~. ..... ' ..... *If yes, SouthOld Town Trustees Permit may be required. PLOT DIAGRAM Locate dearly and distinctly all buildings, whether existing or proposed, and. indicate ail set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or comer lot. TATE OF NE~,¥ y_.O.RK, ou,'¢ry OF ....... S.S .................................. being duly sworn, deposes ~d says that he is the applicant (Name of individual signing contract) is the ............................ (Contractor, a~ent, corporate officer, etc.) ........ said owner or owners, ~d is duly authorized to perform or have perfo~ed the said work and to m~e and file this 'Placation; that all statements contained ~ this application are true to the best of his ~owledge and belief; and that the }rk will be perfo~ed in the m~ner set forth in the application filed therewith. ~om to befor~ me this ~1~ Publkt, St8~ of New yo~ 49S2246, Suff~ Coun~y~ (Signature of applicant) Term ~ TOWN OF SOU,T~OLD, NEW YORK ' ~ ~ APPEAL NO. APPEAL FROM DECISION OF BUILDING INSp~II~TORj j V J ~ SEP 1 0 ..... ....... O F SOUTHOLD. N. Y. TO THE ZONING BOARD OF APPEALS, JC~I SEPENOSKI ~Jl~0~~, So~thold, N~w..York. 1, (We) ....~...u~_...,~..8...~%~..~!!:F. NaMe of Appellant Street and Number Southold New .~.o..r.~ .......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Nome of Applicant for permit of " Municipality State Street and Number ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ....5.7.~g..~9.~Qn..~g~..~thQld~..N~W..Xork ........................ Street /Hamlet / Use District on Zoning Mop District 1000 Section054 Block03 Lot]4~).Current Owner John & Susan Mop No. Lot No. /~ Prior 0~ner 2. PROVISION (SI OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do nat quote the Ordinance.) Arti cle Secti on 3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box) ( ) 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 Subsectibn 3 () 4. PREVIOUS APPEAL A previous appeal (has) (has not) been mode 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 o variance and was made in Appeal No ................................. Dated ...................................................................... (x) t ) ( ) ~s reque-~}ed for the reason that REASON FOR APPEAL Subsection A Variance to Section 280A , .; ,% 'v'arionce lo ihe ~_onJ,-,g ( ~ ATT~(~ R!D._~LR) Form ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties o~ unnece~. sory HARDSHIP because 2. The hardship created is UNIQUE and is not shared by oll properties alike in the imm~fiote vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OFNEWYORK) ss COUNTY OF SUFFOLK) Swo~n to this / ~ day of STATE OF NEW YORK ) ) ss ~.~U ~, Y OF SUFFOLK N SEPEN(TSKI Signature June , 1991. BN~ARA STEPNo~,¥$KI ~ ~ ~la~e al N~:v Yorr~ Signature Sworn to this '~ ' day of ....................... .J...~...e. ......................... 1991 TOWN OF SOUTHOLD PROPERTY-RECORD CARD ///~,/? OWNER STREET ,~--(m ~ ~) VILLAGE DIST. SUB. LOT S W / ~PE OF BUILDING RES. S~S. VL. ~// ~ARM CO~. CB. MICS. Mkt. V~lue ~ND IMP. TOTAL DATE , R~RKS Till.hie FRONTAGE ON WATER W~lond FRONTAGE ON ROAD ~d~ DEPTH H~ Plot BULKH~D Tote I I M. Bldg. I Foundation Bath Extension Basement Floors Extension Ext. Walls Interior Finish Extension F ire Place Heat Porch Pool Attic Deck Patio Rooms 1st Floor Breezeway Driveway Rooms 2nd Floor Garage O.B. TOWN OF SOUTHOLD PROPERTY RECORD CARD 100o- ..'.'54-8-t4 ..~ .. OWNER STREET VILLAGE DIST. SUB. LO~T ~)_ ,.,(. 0~' '~, S ' W ~' I ~PE OF BUILDIN~ R~.~/O S~S. VL FARM CO~. CB. MI~. Mkt. Valu~ ~ND IMP. TOTAL DATE R~RKS ' z /~l~l~s ~2 d~2 ~,~7,. ~,~ J~l/~ ~2~o~o,~ Till.~l~ FRONTAGE ON WATER W~l~nd FRONTAGE ON ROAD ~ Z 0.~ (q~ ~ o ~/ ~ DEPTH H~ Plot / ~:~ /~ BULKH~D Total / ~/~.' M. BId~, Exten~o~ Extension Foundation ~, C, Bath Basement Floors Interior Finish Heat Ext. Walls Fire Place 'orch ~' )~' ? Y. ~ ..5",~ qO"-. Pool Attic Patio Driveway Rooms 1st Floor Rooms 2nd Floor 3reezewa Garage 3eck # ¢7~' 07' ~0 "£ ~0~. 4~:~' UNAUTHORIZED ALTERATION OR ADDITION TO A SURVEY MAP BEARING A LICENSED LAND SURVEYOR'S SEAL IS A VIOLATION OF SECTION 7209, SUB-DIVISION 2, OF THE NEW YORK STATE EDUCATION LAW. ONLY COPIES FROM THE ORIGINAL OF THiS SURVEY MARKED WITH AN ORIGINAL OF THE LAND SURVEYOR'S INKED SEAL OR HIS EMBOSSED SEAL SHALL BE CONSIDERED TO BE VALID TRUE COPIES. CERTIFICATIONS INDICATED HEREON SIGNIFY THAT THIS SURVEY WAS PREPARED iN ACCORDANCE WITH THE EXISTING CODE OF PRACTICE FOR LAND SURVEYS ADOPTED BY THE NEW YORK STATE ASSOCIATION OF PROFESSIONAL LAND SUR- VEYORS. SAID CERTIFICATIONS SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION. CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL SURVEYED FOR PROPER/~'~f/ AT ~'~o o'~-,~o 4. w ,-,/__~t ' SUFFOLK COUNTY, H.Y. ~'- '~ORTON BROTHERS CONSULTING ENGINEERS ~ ~NO SURVBYORS ~AT~HOGU~, N.Y. I N ST IT U T IO N.~S~~U E N T OWNERS. BY''''~'~'~c/- '~ -- DATE: APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TO~VN OF SOUTHOLD May 14, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fsx (516) 765-1823 Telephone (516) 765-1800 Michael N. Hills, Esq. Cruser & Hills 206 Roanoke Avenue RIverhead, NY 11901-2794 Re: Sepenoski Parcel ID #1000-54-3-14.7 at Southold Appl. No. 4057 - New York Town Law, Section 280-A Appl. No. 4164 - Recognition of Lot Dear Mr. Hills: Enclosed please find a copy of the findings and determination rendered by the Board of Appeals at our May 11, 1993 Regular Meeting. Please be sure to return to the County Health Department, Southold Town Building Department and any other agency which may have jurisdiction in this project for issuance of all permit(s) or other approvals, before commencing any building or land altering activities for the construction of a new dwelling or related structures. We have furnished copies of this approval to the Building Department for their update and record since the issuance of their Notice of Disapproval. Very truly yours, Enclosure Copy of Decision to: Building Department (Attn: Linda Kowalski Thomas J. Fisher) APPEALS BOARD MEMBERS Gerard P. Goehrin~r~ Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa P,J~h,,d C. Wilton Telephone (516) 765-1809 BOARD OF APPF_ALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 MEMORANDUM TO: FROM: DATE: SUBJECT: Office of the Town Clerk Office of the Board of Appeal~~~ May 17, 1993 Appl. No. 4057 and No. 4164 - Sepenoski, Nobile & Ors. E/s Horton's Lane, Southold Please find attached an extra copy of the ZBA's written findings and determination rendered under the above two application numbers in behalf of Sepenoski, Nobile and others. We ask that you please file the original under Appl. No. 4164, and the extra copy under Appl. No. 4057 for recordkeeping purposes. Thank you. Attachments (2) APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Rober~ A, Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road lqO. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 April 9, 1993 TO WHOM IT-M~Y CONCERN: Enclosed with this letter is a copy of the Legal Notice, as published in the Town's official newspaper (Long Island Traveler-Watchman, Inc. located in Southold, NY). The Legal Notice outlines a generalized description of the. relief or use requested in your application, the location of the property, and · the time, date and place of the public hearing. Please have someone appear in your behalf at the time specified in the event there are questions (and to prevent a delay in finalizing your application). Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. If your presentation is lengthy, a draft or final written copy is always'appreciated. In the event you wish to amend your application to include other relief and other sections of the Code to be considered, you must file separate application forms, obtain a new Notice of Disapproval from the Building Inspector, and submit the additional filing fee. You must notify our office prior to the advertising of the present'.application for the amendments. Once the application has been advertised, a separate application would be then be required for additional relief. Please feel free to call our office if you have any questions or wish to update your file prior to the hearing date. Yours very truly, Linda Kowalski Enclosure Page 4 - Appl. No. W64 and No. 4057 Matter of JOHN SEP~OSKI AND OTHERS Decision Rendered May 11, 1993 option of the applicant), in accordance with the Stipulation of Settlement resulting from the declaratory proceeding under Index No. 1742-89 in New York State Supreme Court; 2. That the improvements within the 12 ft. width include the following for a full length extending from Horton Lane for a distance of 182 feet to the interior lot (Sepenoski): (a) filling of potholes and leveling; (b) placement of two inches (2") of stone blend (or more at the option of the applicant; 3. That this 14-ft. clearance allow for sufficient manueverability by fire and emergency vehicles; 4. That any substitution of materials must be accepted by the Chairman of this Board; 5. That the entire 182 ft. length of the subject right-of-way be continuously maintained ingood condition at all times. 6. Final acceptance shall be made by either the Building Inspector or the Board of Appeals' Chairman, or his appointed representative; and be it FURTHER RESOLVED, that the parcel which is currently identified on the Suffolk County Tax Maps as No. 1000-54-3-14.7, now of Sepenoski, be and hereby is CONFIRMED and RECOGNIZED for single-family dwelling use, subject to all setback, bulk schedule and other zoning requirements applicable under the Southold Town Zoning Code, and subject further to the County Health Department and any other agency approvals which will be necessary at the time of submission of an application for a building permit (with the exception of lot size). Vote of the Board: Ayes: Messrs. Goehringer, Dinizio, and Wilton. (Members Doyen and Villa were absent.) This resolution was duly adopted. lk //GERARD P. GOE}{RINGER, ~RMAN Present: PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF SOUTHOLD April 22, 1993 (7:30 p.m. Hearing) HON. GERARD P. GOEHRINGER, Chairman JAMES DINIZIO, JR. SERGE DOYEN RICHARD C. WILTON ROBERT A. VILLA CLAIRE GLEW (substitute recording clerk) ZBA Hearings 16 April 22, 1993 APPL. NO. 4059/- JOHN SEPENOSKI, JOHN A. NOBILE and SUSAN NOBILE. (Michael N. Hills, Esq.) Request for Variances: (a) for approval of access for fire and emergency vehicles over a private right-of-way pursuant to New York Town Law, Section 280-A, and (b) to the Zoning Ordinance, Article XXIV, Section 100-244B (Article IIIA, Section 100-30A.3) for approval and recognition of substandard lot area and depth, as exists, in this R-40 Low-Density Residential Zone District. Location of Property: 5600 Horton Lane, Southold, NY; County Tax Map Parcel No. 1000-54-3-14.7. This parcel contains a total lot area of approximately 33,542 sq. ft. and depth of 140.97 feet. 7:49 p.m. (The Chairman opened the hearing and read the Legal Notice and application for the record.) THE CHAIRMAN: I have a copy of a survey produced by Robert Van Tuyl, P.C., indicating the placement of this lot as it exists presently behind the Sepenoski house; and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. to be heard? Appearance: Michael N. Hills, Hills, would you like Esq., for the Applicant MR. HILLS: My name is Michael Hills, the law firm of Cruser and Hills, 206 Roanoke Avenue, Riverhead, NY. With your permission, Mr. Chairman, I would like to give each of you ZBA Hearings 17 April 22, 1993 a set of some of the exhibits I have prepared for my presentations and cards (Materials handed up, to be marked Applicant's Exhibits 1 through 6.) I furnished you with various exhibits. I am now going to try further to explain to you what circumstances brought about the need for the right-of-way that is requested as part one of the application, and the reason that no application had been made for a minor subdivision for the lot that is the second portion of the application. Prior to November 12th of 1981, Ollie Overton owned all the property that is the subject of this application. The survey of that property, which is Number One on your exhibits, was prepared in 1950 for John Pettit Overton. That survey shows that at that time a road called Sylvan Road was going to be located on the westerly portion of the premises and go around the circumference of the premises. To the best of our knowledge the road was never installed. That property that is where the road is located is now owned by people by the name of Nobile who are also the applicants here. Jonathan Overton died in 1961 and devised the property to Ollie Overton. On November 12, 1981, the Executrix of the Estate of Ollie Overton conveyed the lot that is now requesting the nonconforming designation to John Sepenoski, its present owner. Mr. Sepenoski, together with his wife, had previously purchased a lot that is immediately adjoining the property; but one lot is held in John Sepenoski, the one that is the subject ZBA Hearings 18 April 22, 1993 of this application, and the other lot is held by John A. Sepenoski and Susan M. Sepenoski. They obtained title to that on June 15, 1965. At the time that the deed was delivered to John Sepenoski, as you can see, it included a right-of-way over the never-constructed Sylvan Road. At that time the estate owned other contiguous parcels that required a minor subdivision for its legality. No application for a minor subdivision was made at that time. On January 17, 1984, the executrix conveyed the other parcel involved in this application to Albert W. Albertson, and that is Deed Number 3. Subsequently Albertson conveyed the parcel in Deed Number 4 to its current owner John A. and Susan Nobile. This conveyance was made after evidently a subdivision application had been approved on November 2nd, 1984. It is my belief that the reason that that subdivision application did not then include a parcel that is owned by John A. Sepenoski is, Number One, Mr. Albertson didn't own it, and, Number Two, nobody believed they had to make the application because nobody saw that that was going to be a problem at the time. Included in that deed to the Nobiles was the land again on which Sylvan Road was going to be located. Neither of the deeds --the one to Mr. Albertson or the deed to the Nobiles-- mentioned the Sylvan Road right-of-way or made the conveyances subject to the possible right-of-way of this did was to landlock John Sepenoski. A. Sepenoski piece has been held in John A. Sepenoski. What Subsequently, the John ZBA Hearings 19 April 22, 1993 single and separate ownership since it was purchased in 1984, and you have in your file the single and separate search that evidences that fact. The Nobiles, meanwhile, constructed a residence on their parcel and located a dirt road in the center of the purported fifty-foot-wide pole portion of the flag lot. Subsequently, the Sepenoskis commenced an action in Supreme Court seeking a declaratory judgment that the Nobiles property was subject to an easement in favor of said Sepenoski. In response to a Summary Judgment motion, the Court issued an order declaring an easement but scheduling a hearing to determine the extent of the easement. At the scheduled hearing the parties entered into a stipulation of settlement before Judge Underwood providing for 15-foot right-of-way. That right-of-way would extend from Horton Lane to a point 50-foot east of my client's westerly line. It was also agreed that the Nobiles would relocate their existing driveway and fifteen-foot right-of-way so that both lots when improved would use a common driveway. One of the contingencies for that settlement to be effective is that this 15-foot-right-of-way be in compliance with the Town's requirements so that John Sepenoski seeks to obtain a building permit for a residence on his parcel, the 15-foot-wide access would not prevent the issuance of a building permit. Just so that you understand what they did in Court in no way is taking jurisdiction away from you, they made the settlement completely ZBA Hearings 20 April 22, 1993 contingent upon your approval. This proposed right-of-way would only be used by the Nobiles, their successors and assigns, and John Sepenoski for the rear parcel that he owns. Nobody else would be permitted except of course anybody who takes from John Sepenoski that parcel. A review of the tax map that I have also enclosed in your file will show that the parcel doesn't change the essential character of the neighborhood. The parcels are still residential parcels that are used only for that purpose. The size of the parcel is in complete conformity with the rest of the parcels in the area. The only difference between the John A. Sepenoski piece and all the rest of the parcels is that John Sepenoski has no road frontage. While the applicants can be said to be in a self-created hardship situation, that was done prior to any of the time of these people owning the property. It was done by, Number One, the inadvertence or failing to include the right-of-way in any deed, and the lack of --the time of 1981 when the first conveyance was made, coming to this Board for a subdivision at that time. Under the new Town law self-created hardship alone does not negate the possibility of giving a variance. In this particular set of circumstances, inasmuch as it wasn't an intentional self-created hardship, it was probably done through lack of knowledge-- it should not be a factor in when you determine what factors you are going to act upon, ZBA Hearings 21 April 22, 1993 whether to grant or deny this application. It was created by the incorrect deeds that had been given out and for no other reason. If the variance required as requested under the second portion of the application is further going to be no adverse effect on the environmental conditions, nor will it be a detriment to the community. Again, the parcel is going to be used for residential purposes the other parcels. The survey shown is in complete conformity with all No. 6, the one that shows that a minor subdivision had been applied for by Albert W. Albertson, that is where the parcel had been, when Albertson had obtained the parcel, he subdivided it; and No. 2 shows the present location of the dirt right-of-way in the center portion, and it also shows the 15-foot right-of-way would be sufficient for any emergency vehicles that may be coming into the property; and if you have any further questions, I will be happy to answer whatever I can. THE CHAIRMAN: legality or illegality; Thank you for the presentation on the it is gratefully appreciated because now we understand how the thing came to be. At the most, of course, it is our understanding that two houses will share this driveway, this right-of-way conceivably, okay? MR. HILLS: That's right. THE CHAIRMAN: There will have to be some minor enhancement, okay. We haven't determined that at this ZBA Hearings 22 April 22, 1993 particular time, but we will between now and the time that we CHAIRMAN: make a decision. We are not talking a macadam road here, we are talking there will be some minor enhancement though in the right-of-way itself; and the information that we place within the decision is usually that it be continuously maintained because we are all concerned about emergency vehicles ingressing and egressing from the site. That is basically all that I have to say. Is BOARD MEMBERS: THE CHAIRMAN: THE CHAIRMAN: there anybody else who would like to-- No. Thank you very much, sir. Is there anybody else who would like to speak in favor of this application? (There was no response.) THE CHAIRMAN: Is there anyone who would like to speak against this application? (There was no response.) THE CHAIRMAN: Seeing no hands, I will make a motion closing the hearing and reserving decision until later. (Seconded and carried; see Clerk's minutes.) APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN O~ SOU~OLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 September 10, 1991 Michael N. Hills, Esq. 206 Roanoke Avenue Riverhead, NY 11901 Re: Application for John Sepenoski, and Others Request for 250-A Variance Approval Dear Mr. Hills: We have reviewed the above application received last Friday, and request the following documentation to be furnished as early as ~possible in order to complete the file: v~§) Notice of Disapproval from the Building Inspector; b) confirmation, in writing, from the Sepenoski's that they are requesting approval of access over the subject 15 ft. right-of-way easement owned by Nobile to the Sepenoski premises identified as CTM #1000-54-3-14.7. (The variance application submitted does not make reference to Lot 14.7.). It is our understanding in speaking with Mr. Fisher of the Building Department today that he will be issuing the Notice of Disapproval since the building permit application has been odified to show access to the Sepenoski parcel. This matter is expected to be heard at our September 26, 1991 evening meeting, and_a copy of the Legal Notice distributed by our office to the newspapers will simultaneously be forwarded to you within the next day or so. Very truly yours, ~-a~CHAIRMAN GOEHRINGER lk APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF,APPEALS TOWN OF SOUTHOLD SE~RA UNLISTED ACTION DECLARATION Appeal No. 4057 Project Name: John Sepen0$ki/J0bn N0bi]e county Tax Map No. 1000- 54-3-]4.7 0¥er 54-3-]4.9 Location of Project: 5740 H0rt0n Lane, S0uth01d, NY SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 September. 12, 1991 Relief Requested/Jurisdiction Before This Board in this Project: Appr0va] of Access ]5' ROW Easement This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to A~ticle 8 of the ~.Y.S. Environmental Quality Review Act of the Environmental Conserv~ation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be projec~ be implemented as planned, and: { } this Board wishes to assum,e Lead Agency status and urges coordinated written comments by your agency to be submitted with the next 20 days. {X } this Board has taken ju~ris~dictiofl as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRA Action, and has · declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted.and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to' new construction or on-site improvements. { ) this Board refers lead agency status to your agency since the- Board of Appeals does not feel its scope of jurisdiction is as broad as the' Planning Board concerning site changes and elements under the site plan reviews.' The area of jurisdicti~n b~ the Board of Appeals is not directly related to site improvements or new buildings. (However, if you do not wish to assume lead agency status within ~5 days of this letter, we will assume .'you have waived same, and we will be required to proceed as Lead Agency.) For further information, please contact the Office 9f the Board Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc ·of JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. 4057, JOHN SEPENOSKI, JOHN AND SUSAN NOBILE DATED: SEPTEMBER 10, 1991 Transmitted is application fro variance submitted by John Sepenoski, Susan and John Nobile, together with Reason for Appeal, Letter from Michael N. Hills, of Cruser & Hills Law Offices indicating a copy of the survey of the their property, Short Environmental Assessment Form, Questionnaire for filing with ZBA Application, Survey Map, Copy of Deed, Copy of transcript of hearing regarding this application in Supreme Court on September 27, 1989 (7 pages), Map of property of John A. Sepenoski, Notice to Adjacent Property Owners. G£ORO£ L, CSUSES £OGAS HILLS I~ICHA£L N. HILLS August 26, 1991 Richard and Suzanne Gilbride 6170 Horton Lane Southold, New York 11971 Dear Mr. and Mrs. Gilbride: Pursuant to the Notice forwarded to you on August 23rd frcm our office with respect to the variance request of John and Susan Nobile and John Sepenoski, enclosed please find copy of survey of their property which should have been included with said Notice. Very truly yours, ~NH: jb Enc. Michael N. Hills G(OllO[ L. CSLISES HILLS MICHA£L H. HILLS LAW OFF'ICES CRUSER & HILLS August 26, 1991 Vincent and Veronica Regan 5860 Horton Lane Southold, New York 11971 Pursuant to the Notice forwarded to you onAugust 23rd frcm our office with respect to the variance request of John and Susan Nobile and John Sepenoski, enclosed please find copy of survey of their property which should have been included with said Notice. Very truly yours, ~qH: jb Enc. Michael N. Hills GEORGE L* CRLISER [GGAR HILLS 1,41CHAEL N, HILLS LAW nFFICES CRUSER & HILLS August 26, 1991 Marilyn J. Morsch 420 Schooner Drive Southold, New York 11971 Dear Ms. Morsch: Pursuant to the Notice forwarded to you on August 23rd from our office with respect to the variance request of John and Susan Nobile and John Sepenoski, enclosed please find copy of survey of their property which should have been included with saidNotice. Very truly yours, F~qH: jb Enc. Michael N. Hills I~ L. CRUSER HILLS MICHAE:L H, HILLS LAW OFF'IC£$ CRUSER & HIr,r.s 5t6'727'3904 FAX HO: 516-727-3940 August 26, 1991 Peter and Mary Brewer 16 The Lane Bayport, New York 11705 Dear Mr. and Mrs. Brewer: ,, Pursuant to the Notice forwarded to you onAugust 23rd frcm our office with respect to the variance request of John and Susan Nobile and John Sepenoski, enclosed please find copy of survey of their property which should have been included with said Notice. Very truly yours, ~NH: jb Enc. Michael N. Hills LAW CRUSER & H~LLS August 26, 1991 Village of Greenport 236 Third Street Greenport, New York 11944 Dear Sirs: Pursuant to the Notice forwarded to you on August 23rd frc~ our office with respect to the variance request of John and Susan Nobile and John Sepenoski, enclosed please find copy of survey of their property which should have been included with said Notice. Very truly yours, ~H:jb Enc. Michael N. Hills Mr. Russell A. Ireland, Jr. Route 25A East Norwich, NY 11732-0010 Michael Hills, Esq. Cruser & Hills 206 Roanoke Avenue Riverhead, NY 11901 Susan Post Rogers, Esq. Smith, Finkelstein, Lundberg, Isler and Yakaboski 456 Griffing Avenue Riverhead, NY 11901-0389 Depot Enterprises, Inc. 29205 Main Road Cutchogue, NY 11935 Regi Weile, Architect 211 North Street Greenport, NY 11944 Ingeborg Tallarek 905 Aq~view Avenue East M~rion, NY 11939 Mr. William Jacobs 550 Depot Lane Cutchogue, NY 11935 Carmella Borelli, Esq. ongioni & Borelli 218 Front Street Greenport, NY 11944-0562 Mr. Warren A. Sambach, Sr. 255 Dogwood Lane East Marion, NY 11939-0791 Mr. Warren Sambach 11 Halter Lane Levittown, NY 11756 Mr. Larry Matzen Gardiners Bay Estates East Marion, NY 11939 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wil~on Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD April 1, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Michael N. Hills, Esq. Cruser & Hills 206 Roanoke Avenue RIverhead, NY 11901-2794 Re: Appl. No. 4057 - New York Town Law, Section 280-A to Sepenoski Parcel ID #1000-54-3-14.7 at Southold Dear Mr. Hills: Supplementing our previous correspondence to you and our teIephone conversation of last Thursday, March 25, 1993, this confirms that the above file may be advertised for a public hearing, and finalized, once the following have'been submitted: (a) copy of the Stipulation of Settlement agreeing to the 15-wide proposed easement over which the owners of Parcel #14.7 (Sepenoski) are requesting access under Town Law, Section 280-A, and more partiuclarly shown on the survey map of February 28, 1991; (b) copy of a town document which will confirm approval of the property 1981 split of Lots 14.7 and 14.9 by the Overtons -- we have not been able to find a record of this approval. In the event you are not able to ascertain town approval for Lot 14.7, an amended application may be filed together with an amended, updated Notice of Disapproval, $450.00 filing fee for the amendment, new neighbor notices with certified mail receipts and affidavit of mailing. In the event you do not apply for an amendment at this time, you could also apply at a future date. The filing fee for a new, separate application to be calendared separately from the 280-A application would be $600.00 (or more, depending on the fee schedule at the time you submit the new 'paperwork). Please confirm whether or not you would like the 280-A application to be advertised for our April 27, 1993 public hearing calendar, and whether or not you would prefer to file a an amended application (by April 9, 1993 for this same meeting), P~ge 1 To: ich Esq. Re: Appl. No. 4059 - Sepenoski from Nobile/Overton or instead file a separate application at some time in the future for the substandard size of Parcel #14.7.0 Please let us know in writing how you wish to proceed and submit the documents noted above. For your convenience, blank forms are enclosed (for your use on either the amendment, or a separate application, as you decide). Very truly yours, GERARD P. ~OEHRINGER/~ CHAIRMAN ~ /~- lk APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN O'F SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 October 2, 1991 Michael N. Hills, Esq. Cruser & Hills 206 Roanoke Avenue Riverhead, NY 11901-2794 Re: App No. 4057 - 280-A Access Approval to Sepenoski Parcel Dear Mr. Hills: This letter will confirm that the public hearing on the above matter has been rescheduled, as requested by your office, until our October hearings calendar. The hearings are expected to be held during the evening of Thursday, October 24, 1991, and a copy of the Legal Notice published by our office in the L.I. Traveler-Watchman and Times-Review newspapers will be forwarded to you under separate cover as confirmation of same. Also, it is our understanding that this application is solely for access approval under New York:Town Law, Section 280-A for a proposed 15 ft. easement within the existing Nobile right-of-way to the Seper~ski parcel. Please be aware that in considering this application, there is no representation by this Board or the Building Inspector, based upon the documentation submitted, that the substandard Sepenoski parcel is or is not a single-and-separate lot as required by Section 100-281 of the Zoning Code {without a certified single-and-separate search to 1957). Such search is required in order to obtain a building permit, and since we understand that you are the representing attorney in this application for 280-A approval only, resulting from a Supreme Court Stipulation between Sepenoski and Nobile, that information concerning the establishment of this vacant parcel is not available at this time. Please advise in writing if there is any area of the zoning code under which you would like this parcel to be reviewed under prior to our advertising of this matter for a public hearing, at Rage 2 - October 2,~91 To: Michael N. Hills, Esq. Re: Appl. No. 4057 - Sepenoski 280A which time amendments will be necessary to the Building Department and the ZBA applications. Attached for your file are the filing receipt and a copy of the SEQRA declaration. Very truly yours, Enclosures GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski TOWN CLERK 4 0 8 5 3 TOWN OF SOUTHOLD Suffolk Count~, New York Phone 516-765-1801 Southold, New York 11971 Date ~ ~ / ~ 19 ~t~ LAW OFFICES 206 ROANOKE AVENU~' October 3, 1991 ~oard of Appeals Town of Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Attention: Linda Kowalski Re: App. No. 4057 280-AAccess Approval to Sepenoski parcel Dear Ms. Kowalski: I am in receipt of your letter to Mr. Hills dated October 2nd, 1991 in connection with the above-captioned matter. Please be advised that Mr. Hills is away on vacation and will return to the office on October 7th, at which time I will bring your letter to his attention. Very truly yours, Michael N. Hills ~NH: jb LAW OF'F'ICF'$ C~RUSER & HILLS September 5, 1991 Zoning Board of Appeals Town Hall 53095 Main Road Southold, New York 11971 Attention: Ms. Kowalski Re: Application of John & Susan Nobile & John Sepenoski Premises: 5740 Horton Lane, Southold Dear Ms. Kowalski: In connection with the above application, enclosed please find transcript of hearing. Very truly yours, Michael N. Hills 1~ MNH: jb Enc. ? 9 10 11 12 13 14 '16 19 2O 21 22 23 24 25 SUPREME COURT : STATE OF NEW YORK COUNTY OF SUFFOLK : TRIAL TERM PART 14 JOHN A. SEPENOSKI, Plaintiff, - against JOHN A. NOBILE AND SUSAN J. NOBILE, Defendants Before: Appearances: INDEX NO 1742/89 HON. WILLIAM L. Riverhead, N. Y. September 27, 1989 UNDERWOOD, JR., Justice SMITH, FINKELSTEIN, LUNDBERG, YAKABOSKI, ESQS. Attorneys for the Plaintiff 456 Griffing Avenue Riverhead, New York 11901 BY: SUSAN POST ROGERS, ESQ. ISLER and DOLLINGER, GONSKI, GROSSMAN, HIRSCHHORN, ESQS. Attorneys for the Defendant One Old Country Road Carle Place, New York 11514 BY: MICHAEL PERMUT, ESQ., PERMUT & Evelyn L. Shanser, CSR Official Court Reporter 1 I0 12 13 14 15 16 1'7 18 19 2O 21 22 23 24 25 Exhibit You may proceed, Counselor. Can ! have this marked as (Document marked Defendant's Exhibit A for identific~tion.) MR. PERMUT: agreed, Nobiie, It is hereby stipulated and by and between plaintiff and defendants that this case be settled and discontinued with prejudice~and without costs one party as against the other upon the following terms and conditions. One: that the premises set forth on Defendant's Exhibit A for identification circled as a vacant parcel shall be granted an easement over that portion of the premises owned by defendants Nobile as follows: The easement shall be a fifteen-foot wide area from the easterly line of the premises of Nobile running to a point no further than fifty feet northerly from the westerly line of the vacant parcel as more specifically shown on Exhibit A. The Nobiles shall have the right to place a cobblestone line along the easterly line of said new easement ending at the southerly line of the 2 1 9 10 11 12 13 14 16 1'7 18 19 2O 21 22 23 24 3 vacant parcel but commencing at Horton Lane and the Nobiles may place a fence along the westerly line of the new easement area. The easement shall be opened at the request of the then owner of the parcel labeled vacant to the owner of the premises, then owner of the premises presently owned by Nobile and shall be comprised of clearing the new fifteen-foot easement area and a dirt drive to be placed therein. The owner of the Nobile property shall cause same to be done at their cost and expense within a six-month period from a written request by the owner or the then owner of the vacant parcel to open said easement area. From the date that the request is made to open the new fifteen-foot easement area, the owner of the vacant parcel may use the dirt drive which presently services the Nobile house. Said use to be made of the dirt drive shall cease as soon as the easement area is opened over the fifteen-foot area. A survey shall be prepared by Sealand Surveying and Engineering showing the metes and bounds of the new easement area, said survey to be paid for by the Nobiles and all other rights in the 1 5 ? 8 10 12 14 ~6 17 :! 19 · 2O 25 4 premises of Nobiles shall be discharged by the recording and filing of this easement agreement to be prepared by counsel for Nobiles at the inspection and suggestions of counsel for Sepenoski. The Nobiles also agree to pay plaintiff the sum of $5,000.00 at the ti~e of the execution of the new agreement to be prepared. This stipulation is contingent upon a determination that the easement to be granted to Sepenoski by the Nobiles shall be in complete conformity with the zoning laws of the Town of Southold. It is further understood and agreed that any easements for utilities tha~ shall be made to service the vacant parcel shall be solely contained within the fifteen-foot area and shall be placed underground by the owner of the vacant parcel if they desire to place the easement within this area. Your Honor, if you could ask the particular parties who are here? THE COURT: please. JOHNA. Mr. Sepenoski, S E P E N O S K I, step over here, having been 2 3 5 6 7 8 9 10 11 12 ~3 14 15 ~6 ~7 ~8 19 20 21 22 23 24 25 first duly sworn by the Court, and stating his address as 5600 Horton's'I~ane, Southold, Long Island, New York 11971, testified as follows: THE COURT: Miss Rogers, would you like to inquire of Mr. Sepenoski at this time? record? A. Q. in the stipulation? A. Yes. BY MISS ROGERS: Did you hear the stlpulat.ton-tha~%;as .put on the Yes. Do you agree with the THE COURT: set forth You-~gr~e to ab'~ by and be bound by gthe terms of t~e stipulate? . THE WITNESS: Yes. THE COURT: You realize theTe.will Vbe a more formal agreement that is going to be prepared by the attorneys in this matter which is based upon the stipulation herein so same can be properly recorded? THE WITNESS: Yes. THE COURT: Then you are going to receive $5,000.00. THE WITNESS: Right. 5 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 2~ 24 25 6 THE COURT: questions? MR. PERMUT: THE COURT: MR. PERMUT: Mr. Permut, do you have any NO. You may step down. You agree to execute the instrument when it is prepared by counsel for both parties? THE WITNESS: What is that? MR. PERMUT: You agree to sign and execute the instrument when it is prepared? THE WITNESS: Yes. J O H N A. N O B I L E, having been first duly sworn by the Court, and stating his address as 5740 Horton's Lane, Southold, New York, testified as follows: S U $ A N J. N O B I L E, having been first duly sworn by the Court, and stating her address as 5740 Horton's Lane, Southold, New York, testified as follows: THE COURT: BY MR. PER/~JT: Q. You have heard the ~ictated to the Court Reporter? Mr. Permut. stipulation that was just A. Yes. 1 7 8 9 10 11 12 14 15 ~6 17 18 19 2O 21 22 23 24 25 In settlement of this action? Yes. And you understand that a new survey will be prepared by counsel for both sides and you agree to be bound by gthe terms and conditions as dictated and to be contained within this easement agreement which will subsequently be recorded? A. Yes. THE COURT: Very well. RIDER: Reason for Appeal John Sepenoski was plaintiff in an action between himself and John Nobile and Susan Nobile. The action was to obtain a declaratory jud~nent that a portion of the property, to wit: 50 feet fronting on Horton Lane was subject to a 50 foot right of way for a lot owned by him adjoining the premises on the easterly side. The length of the 50 foot right of way was 407.85 feet. The action arose because when the Nobiles' purchased their property, there was no mention of the fact that the 50 foot right of way was in existence, nor that the property was subject to the Sepenoski's right to travel on the right of way. The case ultimately was conferenced before Justice Underwood of the Supreme Court at which time the matter was settled pending Town of Southold approval. A copy of the Stipulation of Settlement is annexed to the application. In the settlement, the parties agreed that there would be a 15 foot wide right of way as shown on the survey of Norton Bros. enclosed with this application. One of the contingencies was "a determination that the easement tobe granted to Sepenoski by the Nobiles shall be in complete conformity with the zoning laws of the Town of Southold. It is further understood and agreed that any easements for utilities that shall be made to service the ~acant parcel shall be solely contained within the fifteen foot area and shall be placed underground by the owner of the vacant parcel if they desire to place the easement within this area." We are requesting this variance to Section 280A Subsection 3 of the Town Law. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL · ~,' ~ Date .~/~/./. ................... , 19~... . .~.o. ~....~....~..~/~i..e~.~. .... ..~.~..~..,. ~?. .... ~ PLEASE TAKE NOTICE that your application dated ..... ~ ................. , ~. County Tax Map No. 1000 Section .... ~ .... Block .... ~: ....... Lot .. ~.~ .~... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds...~/xZe~.~__-e~... ~/.~:~. ~- . ~.~..~. ~_~...4.~¢<... ......................... i ................... RV 1/80 617.21 ~. Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPUCANT/~PONSOR JOHN SEPENOSKI, JOHN z. PROJECT NAME 3. PROJEC~ LOCATION: Mu/tlclDallly Southold 4. ~ co,,r~ Suffolk SEQR S. IS PROPOSED ACTION: [~] New [] ExPansIon [] ModitlCatlonlalteraRon 6. DESCRIBE PROJECT 8RIEFLy: 5749 H~rton Lane, Southold, New York 7. AMOUNT OF LAND AFFECTED: 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTZONS? E] Yes J~ NO II NO, aescrl~e t~rielly 9. WHAT IS PRESENT LAND USE IN VIClNIi~Y OF PROJECT?' ~ ~ - [~ Residential [] Industriat ?,El Commercial [] Agrlcultui'e [] Park/F°re$','Ogefl soace tO. DOES ACTION INVOLVE A PERMIT AP"~ROVAL, OR FUNDING, NOW OR ULTIMATELY FROM AN~'ru= .......... ~ STATE OR LOCAL)? ~'°'~'~ ~vt;t~r~MENTAL AGENCY (FEDERAl., [] Yes F.~ No I! yes, list agency(sD and permit/agl~roval$ DOES ANY ASPECT OF THE ACTION HAVE A CURRENTI Y-"'~AUD PERMIT OR APPROVAL.'? []Y.. I'~No ,, · 12. AS A RESULT OF PROPOSED ACTION WILL EXt<:TING PERMIT/APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT H"~--IINFORMATION PROVIDED ABOVE IS TRUE TO THE DEST OF MY KNOWLEDGE ~/23/91. 1 (Continued on reverse side) The N.Y.S. Environmental Quality Review Act r ' of this form, and an enviro-nmental -~--~ equlres submission SHORT ENVIRONMENTAL ASSESSMENT INSTRUCTIONS: (a) In order bo answer the questions in this short EAF it is assumed ~hat the preparer will use currently available information concerning project and the likely impacts of the action. Ih is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes th~ project may be sig- {o) If ail questions have been answered No it is likely that the project is no= significant. (d) E~nvironmental Assessmene .- 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? 2. Will there be a major change to any unique or unusual land form on the site? 3. Will project alter or have a large effect on a~ existing body Of water? ___Yes X No 4. Will project have a potentially large, impact on groundwater quality? X 5. Will project significantly effect drainage flow on adjacent sites? X ~Yes __._No 6. Will project affect any threatened or endangered plant or animal species? x Yes No 7. Will project result ia a major adverse effect on air quality? . Yes X No 8. Will project have a major effect On visual char-- known to be important to the community? _~Yes ~No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontologica~ importance or any site designated as a critical .__Yes [0. Will project have a m~jor effect on existing or future recreational opportunities? .~Yes X.__No 11. Will project result in major traffic problems Or Yes XNO 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the projec~.s operation? ~Yes XNo 13. Will project have any impact on public health or safety? ..._..~e s ..~_~o 14. Will project affect the existing community by . directly causing a growth in permanent popula- ' charact~ of the community or neighborhood? 15. Is there public contrOVersy Concerning the project? /~ . · ~ .... ~Yes ..y_No QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet,may be attached.) B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { } Yes {~ } No. (If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to change or alter land contours? { } Yes {X} No 1. Are there any areas which contain wetland grasses? A30 2. Are the wetland areas shown on the map submitted with this application? /Vd 3. Is the property bulkheaded between the wetlands area and the upland building area? ~3~ 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ~/~ (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and~re not shown on the survey map that you are submitting? ~/~- If none exist, please state "none." G. Do you have any ~onstruc~ion taking place at this time concerning your premises? ~/~ If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? ~ If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel ~C5,~,~ and proposed use Ku~norized Signature and Date 3/87, 10/901k SMITH, FINKELSTEIN, LUNDBERG, ISLER AND YAKABOSKI ATTORNEYS ~-N~D COUNSELORS AT LA%V 456 OHIFFINO AVENUE, COI~NEH OF LINCOLN STI~EET October 12, 1989 Mr. James A. Schondebare, P.O. Box 1018 Southold, New York 11971 Esq. Re: SeDenoski v. Nobile, et al. Dear Jay: We represent John Sepenoski, who acquired a parcel of land off Horton Lane by virtue of a deed made by Elaine T. Overton, as executrix of the Will of Ollie M. Overton, dated November 12, 1981 and recorded at Liber 9154 page 80. In ad- dition to conveying fee title to a half acre lot, the deed conveyed the right to use a described 50-foot right-of-way adjoining the lo~ for the purposes of ingress, egress and instal- lation of utilities. A copy of the deed is enclosed herein. The Nobiles acquired a contiguous parcel of land by virtue of a deed made by Albertson to the Nobiles, dated December 11, 1984, and recorded at Liber 9710 page 453. This deed conveyed to the Nobiles the fee ownership of the area subject to the 50-foot right-of-way, with no mention of the fact that 50 feet of the parcel were a right-of-way, nor that the grant was subject to our client's right to traverse the right-of- way. The Nobiles constructed a residence on their parcel and located a driveway in the center of the 50-foot-wide "pole portion" of their flag lot. The Sepenoskis commenced an action seeking a declara- tory judgment that the Nobiles' property was subject to an easement in favor of the Sepenoskis. In response to a summary judgment motion, the court issued an order declaring an easement, but scheduling a hearing to determine the extent of the easement. At the scheduled hearing, the parties entered into a stipulation of settlement before Justice Underwood providing for a 15-foot- wide right-of-way. This right-of-way would extend from Horton Lane to a point 50 feet east of my client's westerly property ~.M1TII, FINKELSTEI~, LUNDBEI~G, ~SLER AND ~AHABOSKI Mr. Schondebare, October 12, 1989 Page 2 Esq. line. It was also agreed that the Nobiles would relocate their existing driveway in the 15-foot right-of-way so that both lots,' when improved, would use a common driveway. One of the contingencies for the settlement to be effective is that this 15-foot wide right-of-way be in compliance with the Town's requirements so that when John Sepenoski seeks to obtain a building permit for a residence on his parcel, the 15- foot-wide access will not prevent the issuance of a building permit. Prior to the parties executing an easement agreement and discontinuing the lawsuit in accordance with the settlement stipulation, I am requesting written verification from the appropriate Town officials (Planning Board Chairman and the Building Inspector) that the 15-foot-wide easement access for my client will be sufficient for him to obtain a building permit on his vacant parcel at some future date. Enclosed for your convenience are two surveys which have been shaded in different colors to clarify the location of the parcels and the right-of-way. I have denoted a "front parcel" on the survey which is John Sepenoski's residence. This parcel was acquired by John and Susan Sepenoski in 1965 and is and has been in single and sepa- rate ownership. The front parcel is not benefitted by the right-of-way. I mention this to alleviate any concern you may have in regard to a merger of John's back lot with John and Susan's front lot. Please do not hesitate to contact me in the event any questions arise. Thank you for your consideration of this matter. Very truly yours, SUSAN POST ROGERS SPR:dmr Enclosures ,/' i?~_s~/_ ~)~OWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET .~ ~.~ ' ~t"~.~e ~__/~,~,',?!~r/~,r'o S W ~ ~ ~PEOF BUILDING R~S. ~_ ~ ,-~ S~S. VL. FARM CO~. CB. MICS. Mkt. Value ~ND IMP. TOTAL DATE RE~RKS AGE BUILDING CONDITION Tillable ~Lt2, J~ ~a--~ FRONTAGE ON WATER W~land ~ ~ ~ ~ FRONTAGE ON ROAD ~ ~ ' Meadowland DEPTH House Plot ~ ~ JG~ ~ (~C)O BULKH~D Total DOCK TRIM M.__BI, Extension.~ Extension Extension Porch Porch Breezeway Garage Patio O. Total Foundation Basement Ext. Walls Fire Place i'ype Roof RecreatiOn Dormer Bath Floors Interior Fihish ,~,~ Heat ~M',J L~ ~ Rooms 1st Floor Rooms 2nd Floor Driveway FiN. B OWNER TOWN OF SOUTHOLD PROPERTY RECORD CARD I ....-- STREET ,~r~~,'~(-' / '" VILLAGE t.)~ ~,~'i~, ~ ~ -~l,'/c, lc/ LAND IMP. LOT I TOTAL PROP. CLASS DATE FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD TILLABLE WOODLAND MEADOWLAND HOUSE/LOT TOTAL COLOR TRIM M. Bldg, Foundation Pc c e Bath Dinette FULL Extension Basement CR^WL Floors Kit. SLAB Extension Ext. Walls Interior Finish L.R Extension Fire Place Heat D.R Patio Woodstove BR. Porch Dormer Fin. B. Deck Attic Breezeway Rooms 1st Floor Garage ' Driveway ' Rooms 2nd Floor O.B. Pool COUNTY OF SUFFOLK 054 "t 8-80 A-C -M ! , A-C R .80 H~ R-80 STATE OF NEW YORK) SS.: COUNTY OF SUFFOLK) I, MICHAEL N. HILLS, being duly sworn, deposes and says: I am over the age of 18 years of age and reside at 6 Cove Lane, Port Jefferson, New York, 11777. On August 23, 1991, I served the within Notice, a copy of which is attached hereto, upon the persons listed below, constituting all contiguous and adjacent owners of property located at 5740 Horton Lane, Southold, New York, the subject property of this application, by depositing a true copy thereof enclosed in a post-paid wrapper, in an official depository under the exclusive custody of the U.S. Postal Service. Said notices were sent certified mail, return receipt requested. NAME Village of Greenport Marilyn J. Morsch Vincent & Veronica Regan Richard & Suzanne Gilbride Peter & Mary Brewer ADDRESS 236 Third St., Greenport, N.Y. 420 Schooner Dr., Southold, N.Y. 5860 Horton La., Southold, N.Y. 6170 Horton La., Southold, N.Y. 16 The Lane, Bayport, N.Y. Sworn to before me this 29th day of August, 1991. N6~ary P~lic L3 BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter or the Petition of SEPENOSKI and NOBIL~ tO the Board of Appeals of the Town of Southold TO: Peter and M~ry Brewer 16 The Lane Bayport, New York 11705 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request ,1 (Variance) (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 5740 Horton Lane, Southold 3. That the property which is the subject of such Petition is located in the following zoning district: · ~ Tha! bt such Pelition, the undersigned will request the following relief: Permission for a 15 Zoot easement to provide access to a landlocked property - $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Sect/on Ix] Section 280-A, New York Town Law for approval of access over right(s)-of-way] 6. That within five days from the date hereof, a written Petition requesting the rtqJef specified above will be filed in the 5outhold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk T~mes and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. JOHN SEPENOSKI Dated:' August 23, 1991 JOHN NOBILE SUSAN NOBILE Petitioner Owners'Names: Post Office Address 5740 Horton La~, Southold, N.Y. 5600 Horton Lane, Southold, N.Y. (Nobile) (Sepenoski) Tel. No. (516 ) 765-5638 [Copy of sketch or purposes.] plan showing proposal to be attached for convenience I~IOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter ot the Petition of SEPENOSKI and NOBIL~ to the Board of Appeals of the Town of Southold TO: Richard and Suzanne Gilbride 6170 Horton Lane Southo]d, New York 11971 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Tow~n of Southold .~ to request a (Variance) (Special Exception) (Special Permit) (Othe:) [c±rc].e choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 5740 Horton Lane, Southold 3. That the property which is the subject of such Petition is located in the following zoning district: 4 1'hat b~ such Pelition, the undersigned will request the following relief: Pe~n~ssion for a 15 ~ot easement to provide access to a landlocked property $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Section tx] Section 280-A, New York Town Law for approval of access over r'ight(s)-of-way~ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-].809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. JOHN SEPENOSKI Dated:' AugUst 23, 1991 JOHN NOBILE SUSAN NOBILE Petitioner 0whets' Names: Post Office Address 5740 Hot%on Lane. Southold. N.Y. (Nobile) 5600 Horton Lane, Southold, N.Y. (Sepenoski) _ Tel. No. (516 ) 765-5638 oo [Copy of sketch or plan purposes.] showing proposal to be attached for convenience ~OARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition Of SEPENOSKI and NOBIL~ to the Board of Appeals of the Town of Southold TO: Marilyn J. Morsch & another P.O. Box 358 420 Schooner Drive Southold, New York 11971 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of The Town of Southold ..~ request a (Variance) (Special Exception) (Special Permit) (Other) [ci:cle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 5740 Horton Lane, Southold 3. That the properly which is the subject of such Petition is located in the following zoning district: 4 That b~ such Petition, the undersigned will request the following relief: Permission for a 15 ~oot easement to provide access to a landlocked property 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Section tx] Section 280-A, New York Town Law for approval of access over right(s)-of-way] 6. That within five days from the date hereof, a wri[£en Petition requesting the re{icl specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you ma)/then and there examine the same during regular office hours. (516) 7~5-1809. 7. Thal before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated:' August 23, 1991 JOHN NOBILE SUSAN NOBILE Petitioner 0whets' Names: Post Office Address 5740 Horton Lane, Southold, N.Y. 5600 Horton Lane, Southold, N.Y. Tel. No. (516) 765-5638 (Nobile) ( Sepenoski ) [Copy of sketch or plan showing proposal to be attached for convenience purposes.] BOARD OF APPEALS, TOWN OF SOUTHOLO In the Matter ot the Petition of SEPE~OSKI and NOBIL~ to the Board of Appeals of the Town of Southold TO: Vincent and Veronica C. Regan 5860 Horton Lane Southold, New York 11971 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [ci:cle cho£ce] ~ ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 5740 Horton Lane, Southold 3. That the property which is the subject of such Petition is located in the following zoning district: 4 That ht such Petition, the undersigned will request the following relief: Permission for a 15 ~oot easement to provide access to a landlocked property 5. Thai the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Section tx] Section 280-A, New York Town Law for approval of access over rJght.(s)-of-way[ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the 5outhold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. JOHN SEPENOSKI Dated:' AugUst 23, 1991 JOHN NOBILE ' SUSAN NOBILE Petitioner 0whets' Names: Post Office Address 5740 Horton Lane. Southold, N.Y. (Nobile) 5600 Horton Lane, Southold, N.Y. (Sepenoski) Tel. No. (516) 765-5638 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter or the Petition of SEPENOSKI and NOBILE to the Board of Appeals of the Town nf Sourhold TO: Village of Greenport 236 Third Street Greenport, New York 11944 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Othe:) [¢±:¢1e eho£ee] 2. That the property which is the subiect of the Petition is located adiacent to your property and is des- cribed as follows: 5740 Horton Lane, Southold That the property which is the subiect of such Petition is located in the following zoning district: 4 That b~, such Petiti~m, thc undersigned will request the following relief: Permission for a 15 Zoot easement to provide access to a landlocked property $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Section Ix] Section 280-A, New York Town Law for approval of access over right(s)-of-way] 6. That within five days from the daze hereof, a written Petition requesting the re{ief specified above will be filed in the Southold Town Clerk's Office at Main Road Sourhold, New York and you ma), then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. JOHN SEPENOSKI Dated:' August 23, 1991 JOHN N(JBILE SUSAN NOBILE Petitioner Owners ' Names: Post Office Address 5740 Horton Lane. Southold, N.Y. 5600 Horton Lane, Southold, N.Y. (Nobile) (Sepenoski Tel. No. (516 ) 765-5638 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] p 857 505 373 F,,jCertified M'a'lt~teceipt No nsurance Coverage Provided Do not use for Internat onal Mail ~ (See Reverse) - ~e¢ial De&ivery Fee Fees g ~ ~ 857 505 375 ified ~ceipt Celt Coverage provided No Insuranc~.'~temational Ma~l P 857 505 374 ,.Certified Mail Receip~ No Insurance Coverage Provide( Do not use for international Mail (See Reverse) Special Deliven/Fee o Whom & Date D 1991 3800, Jc 1990 PS Form 3800, June 1990