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HomeMy WebLinkAbout2818Seawood Dr., Southold D-approval of insuff, area and width of 3 proposed pazcels. MAYNARD, DALE & JOANN 795 Seawood Drive VACANT Z16315 _ $outhold 10/20/87 79-7-64 Seawood Acres Map #2575 Lot 25 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONI~qG BOARJ) OF APPEALS Appe~No. 2818 by application DaSd April 22, 1981 ACTION OF THE ZONING BOARD OF APPEALS OF TIiE TOV~N OF SOUTHOLD To Stanley S. Corwin, Esq. 634 First Street Greenport, NY 11944 December 17, 1981 at a meeting of the Zoning Board of Appeals on was considered and the actiol~ indicated below was taken on your ( ) 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 Art. III, Section 100-31 ( ) Appe]].nt the appeal 1. Sl~lf~I~l~h~l~.~~~g~g~x~~~n ( ) be ~a~ed ( ) be denied pursuant to Article .................... Sect~n .................... Sub~ction .................... para~aph .................... of the ~ning ~dinanee and the deepen of the Building I~pector ( ) be reversed ( ) be :~K~:NF~ Public Hearing: 12/17/81: Application of Herbert W. Davids, by Stanley S. Corwin, Esq., 634 First Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area and width of parcels proposed to be re-separated. Description of Property: Lots 25, 26 and 27 of Seaweed Acres Subdivision, Filed Map 2575; bounded north and west by Reese; south by McDermott; east by Seaweed Drive. County Tax Map Parcels No. 1000-79-7-64, 65 and 66. (SEE PAGE TWO) 2. VA~RIA/NCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because (SEE PAGE TWO) difficulties or unnecessary (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE PAGE TWO) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (SEE PAGE TWO) (would not) --~nd therefore, it was further determ: THE SOU~HOLD TOWN ~ed that the requested variance ( ) be granted ( ) be denied and ag Inspector ( ) be confirmed ( ) be reversed. Gerard P. Goehr~man ZONING BOARD OF APPEALS Paqe 2 Appeal No. 2818 Herbert W. Davfds Decision Rendered December 17, 1981 This is a rehearing of Appeal No. 2818. Appellant originally appealed to this Board by Appeal dated April 22, 1981. Appellant is the owner of three contiguous lots on the northerly side of Seawood Drive at Bayview, Southold, New York known as Lots 25, 26 and 27 on Subdivision Map of Seawood Acres, Map No. 2575 (Suffolk County Tax Map District 1000, Section 79, Block 7, Lots 64, 65 and 66). Each lot has a frontage on Seawood Drive of 100 feet. Lot 25 has an area of 12,802 sq. ft.; Lot 26 has an area of 12,757 sq. ft., and Lot 27 has an area of 12,500 sq. ft. An one-story frame dwelling is constructed on Lot 26 (the middle lot). Appellant acquired the three subdivision lots in 1967, at which time the minimum size lot required by the Zoning Code was 12,500 square feet. In 1971, the code was amended to require a mini- mum size lot of 40,000 square feet. The lots have, accordingly, merged into one lot. This Board, by decision dated September 16, 1981, denied appellant's request to divide the premises into three lots. Thereafter, this Board, by unanimous vote authorized a review of its prior action at a rehearing of this Appeal. At such rehearing held on December 17, 1981, Appellant requested that one of the vacant lots be allowed to be set-off and the remaining two lots be held as one lot. When this Board considered the original appeal, it did not believe that it was in the public interest to permit a dwelling to be constructed on Lot No. 25 because of its terrain. However, since the appellant is now proposing that only one lot be set-off, this Board now believes that it would be appropriate to allow Lot No. 27 to be set-off and that Lots 25 and 26 continue as one lot. This will alleviate the Board's concern about the construction of a dwelling on Lot 25. It will also not ad- versely alter the character of the neighborhood since substantially all lots in the subdivision are developed with a lot size of 12,500 sq. ft. It is the finding of the board that to permit Lot No. 27 to be set-off as a separate lot is not a substantial deviation from the code requirements; that the circumstances of Appellant's premises are unique and not shared by other lots in the neighborhood; that practical diffi- culties have been demonstrated; that the spirit of the Zoning Code will be observed; and that the granting of the variance will serve the public interest. On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that Appellant be granted permission to set-off Lot No. 27 and retain Lots 25 and 26 as one lot. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer and Sawicki. This resolution was unanimously adopted. Southold Town Bo~ of Appeals -28- ~ecember 17, 1981 PUBLIC RE-HEARING: Appeal No. 2818. Application of Herbert W. Davids, by Stanley S. Corwin, Esq., 634 First Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 Bulk Schedule, for approval of insufficient area and width of parcels proposed to be re-separated. Description of Property: Lots 25, 26 and 27 of Seawood Acres Subdivision, Filed Map 2575; bounded north and west by Reese; south by McDermott; east by Seawood Drive.' County Tax Map Parcels No. 1000-79-7-64, 65 and 66. The Chairman opened the hearing at approximately 9:'00 p.m. and read the legal notice of hearing. MR. CHAIRMAN: Your turn has come, M~. Corwin. STANLEY S. CORWIN, ESQ.: Well, gentlemen, as you know my client is disenchanted with your adverse determination. He took us into court, which puts me in a position where ordinarily since you're somebody else's client, I couldn't talk to you, but Mr. Yakaboski said I could come down here and talk to you tonight. So that's what I'm here for. We were exploring the possibility of working something out, and during the course of numerous conversations, Mr.:Davids agrees that we would modify the application and just spin one lot off. And we propose to do that by stipulatioo, and have it enforced by a moderate court but Mr. Yakaboski seems to feel that the Board will have the power to'it that way. I don't quite agree with him on that, but that's all beside the point. In any event now, coming back here as though this were strickly a re-hearing on the original application and projecting the lawsuit for the moment, what we are proposing to do now is to spin one lot off. And as you know from our earlier hearing, the dwelling is situated on the middle lot, and we'd like for the board to give us an option about which lot went with the house because it doesn't make any difference. If somebody came along and wanted to buy one, we just assume sell them the north lot separately and us the south lot. If that's too much for the board, assuming that it's inclined to go along with this modifica- tion and you want me to be specific about it, why we would want to keep the southerly lot separate. That's a lot that's 100 by 125 feet, contains 12,500 square feet. The northerly lot contains maybe another 300 square feet, but the contours of the land are such that by itself it is not as attractive as Lot #27. We hope that the board will be persuaded to accept this modified proposal and grant the application in that form. I don't know whether Mr. Yakaboski has indicated to you what the status of the litigation is at present. It now stands adjourned until the 22nd of December. MR~ CHAIRMAN: Well, I know we're supposed to come up on the 17th and -- MR. CORWIN: It's over a week. Thank you very much. Of course the board's here. MR. CHAIRMAN: Ail right. Thank you very much for coming in, Mr. Corwin. I'll offer a resolution closing this and we'll discuss this a little later and come up with a decision and close -- reserve decision at the moment rather. © O Southold Town Board of Appeals -29- December 17, 1981 On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, to close the ~earin~ and reserve decision in the matter of Herbert W. Davids, Appeal No. 2818. Vote of the Board: Goehringer and Sawicki. Ayes: Messrs. Grigonis, Doyen, Douglass, This resolution was unanimously adopted. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to schedule and advertise the following matters for public hearing to be held at the next Regular Meeting of this board to be held Thursday, January 7, 1982 commencing at 7:15 o'clock p.m.: Appeal No. 2938 - Joseph D. Posill~co, Sr. Appeal No. 2937 - Beverly Andrews Appeal No. 2940 - Richard Mohring Appeal No. 2939 - Mignon S. LaMorte Appeal No. 2941 - Peter and Mary O'Hanlon Appeal No. 2926 - Joseph Yaboni and Myron Hautpman (recessed from earlier this evening) Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer and Sawicki. This ~esolution was unanimously adopted. Southold Town Boa]~f Appeals -30- O December 17, 1981 RESERVED DECISION: Appeal No. 2818. Upon application of Herbert W. Davids, by Stanley S. Corwin, Esq., 634 First Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area and width of parcels proposed to be re-separated. Description of Property: Lots 25, 26 and 27 of Seawood Acres Subdivision, Filed Map No. 2575; bounded north and west by Reese; south by McDermott; east by Seawood Drive. County Tax Map Parcels No. 1000-79-7-64, 65 and 66. 'This is a rehearing of Appeal No. 2818. Appellant originally appealed to this Board by Appeal dated April 22, 1981. Appellant is the owner of three contiguous lots on the northerly side of Seawood Drive at Bayview, Southold, New York known as Lots 25, 26 and 27 on Subdivision Map of Seawood Acres, Map No. 2575 (Suffolk County Tax Map District 1000, Section 79, Block 7, Lots 64, 65 and 66). Each lot has a frontage on Seawood Drive of 100 feet. Lot 25 has an area of 12,802 sq. ft.; Lot 26 has an area of 12,757 sq. ft., and Lot 27 has an area of 12,500 sq. ft. An one-story frame dwelling is constructed on Lot 26 (the middle lot). Appellant acquired the three subdivision lots in 1967, at which time the minimum size lot required by the Zoning Code was 12,500 square feet. In 1971, the code vas amended to require a mini- mum size lot of 40,000 square feet. The lots have, accordingly, merged into one lot. This Board, by decision dated September 16, 1981, denied appellant's request to divide the premises into three lots. Thereafter, this Board, by unanimous vote authorized a review of its prior action at a rehearing of this Appeal. At such rehearing held on December 17, 1981, Appellant requested that one of the vacant lots be allowed to be set-off and the remaining two lots be held as one lot. When this Board considered the original, appeal, it did not believe that it was in the public interest to permit a dwelling to be constructed on Lot No. 25 because of its terrain. However, since the appellant is now proposing that only one lot be set-off, this Board now believes that it would be appropriate to allow Lot No. :~7 to be set-off and that Lots 25 and 26 continue as one lot. This will'~alleviate the Board's concern about the construction of a dwelling on Lot 25. It will also not ad- versely alter the character of the neighborhood since substantially all lots in the.subdivision are developed with a lot size of 12,500 sq. ft. It is the finding of the board that to permit Lot No. 27 to be set-off as a separate lot is not a substantial deviation from the code requirements; that the circumstances of Appellant's premises are unique and not shared by other lots in the neighborhood; that practical diffi- culties have been demonstrated; that the spirit of the Zoning Code will be observed; and that the granting of the variance will serve the public interest. On motion by Mr. Douglass, seconded by Mr. Grigonis, it was Southold Town Boar¢of Appeals -31- December 17, 1981 (Appeal No. 2818 - Herbert W. Davids continued:) RESOLVED, that Appellant be granted permission to set-off Lot No. 27 and retain Lots 25 and 26 as one lot. Vote of the Board: Goehringer and Sawicki. Ayes: Messrs. Grigonis, Doyen, Douglass, This resolution was unanimously adopted. RESERVED DECISION: Appeal No. 2936I. Upon application of Richard A. Miller, 2895 Aldrich Lane, Laurel, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct wind generator exceeding the maximum height requirements at 2895 Aldrich Lane, Laurel, NY; bounded north and west by Town of Southold; east by Aldrich Lane; south by Boschetti; County ~ax Map Parcel No. 1000-125-2-1.5. .. The Board made the following findings and determination: By this appeal, applicant seeks permission to construct a 60' tower requiring a total height from ground level of approximately 80', for generating wind into electric power, to be located in the rearyard area approximately four feet from the southerly property line and approximately 26 feet from the westerly property line. It is the feeling of the board that energy systems of this type should be encouraged, and that it is a means of energy conservation. The board feels that such a system will not have a detriment effect upon the character of the neighborhood and that it is within the interests of justice. In considering this appeal, the board determines that the cir- cumstances herein are unique; that by al!~wing the variance no sub- stantial detriment to adjoining propertie~ would be created; that the difficulty cannot be obviated by a method feasible to appellant other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance as applied for. On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that the application of Richard A'. Miller, Appeal No. 2936 be GRANTED AS APPLIED FOR AND SUBJECT TO THE EASEMENT AGREEMENT BETWEEN CARLO BOSCHETTI (neighbor) AND THE APPLICANT. Location of Property: 2895 Aldrich Lane, Laurel, NY; County .Tax Map Parcel No. 1000-125-2-1.5. Vote of the Board: Ayes: Grigonis, Doyen, Douglass, Goehringer and Sawicki. * * * NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following matter will be held for public hearing (in addition to those advertised same date hereof) by the Southold Town Board of Ap- peals at the Town Hall, Main Road, Southold~ NY on Thurs- daY, December 17. 1981: 9:00 p.m. RE-HEARING. Application of Herbert W. Davids, by Stanley S. ~orwin, Esq., 634 First Street, Green- port, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule,/ for approval of insufficient area and width of parcels proposed to be re-separated. Description of Property: Lots 25, 26 and 27 of Seawood Acres Subdivision, Filed Map 2575; bounded north and west by Reese; south by McDermott; east by Seawood Drive. Coun- ty Tax Map Parcels No. 1000- 79-7-64, 65 and 66. Dated: December 5, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TD10-3826 COUNTY OF SUFFOLK, STATE OF NEW YORK, ? ss: .... ?.~..oy.. ?.~.s..~.~?..~.o.~. ................ being duly Sworn, he says that ........ is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper pubtished at Greenport, in said county: and that the notice, of which the annexed is u printed copy, has been published in the ~aid Suffolk Weekly/ Times once in each week, for ....... o..l~.e. ................. weeks successively commeucing on the ....1.0~q ................. day of ...~).e.C~'~ .e~. .... ./~9-~]. f~. ~~,L~v~.~..L.~ ............ Sworn to befo;;'L~' this'iii~il!'ill~, ' ~ay of .. ~..e.c.e.~.b.e.~ is ..... '..'.'.' i.' i... NOT1C.E IS HEREBY GIV- EN. pursuant to Section 267 oF the Town Law'and the Pro- visions of the Amended Code of the Town of South~01d, the fOllowing matter ~ili ,'be ~held' for public healing (itl ~ldition to those advertised same dine- hereof) by thc. Southoid ToWn Board of Appeals at the Town 'Hall, Main Road, Sguthdld, N,Y~;~].Ih ur~_day,~ _ December 17. ,lqSr: ,,,9:00 p,m, RE-HE/~RI.NG. App!i%~;i~n of'Herbert W. ,Dayid~ b~' ~; mt,Tv S Corwin Esq.,. O34 . :,: S~reet. Grec.- poll, N,Y, lot a YarllttleL:'lo i Z°nin8 Ordinance,. ,Arlicle itl Section 100-31, Bulk Sclaeddlc, for aauro~all al in~umc~6n: area and width of parcel proposed to be re-separaieLI. Description of properkv: Lots 25. 28 and 27 of Seawood Acres Subdivision. Filed Map 2,575: bounded north and west .by Reese: south by McDer- mott: east by Seawood Drive. County Tax Map Parcels No. 1000-79-7-64.85 and 66. Dated: December 5. 198I BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS IT-12/10/81114~ COUNTY OF SUFFOLk STATE OF NEW YORK ss: Patricia Wood, being duly sworn, soys that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in, Suffolk County; and that the notice of which the annexed is o printed copy, has been published in said Long Island Traveler-Watch- man once each week for ......... ..X, ............................ weeks successively, commencing on the ..... ..~....c~... ...................... ~.~.~ ................ 19..'.~..~. (~ Sworn to before me this ..... .~...~ .................... day of ........... ~.~ ....... , 19...~9...X. CLEMENT J. THOMPSON NOTARY PUBLIC, State of New York No. 52-9321725 Reddinj b Suffolk Ceuni~ ~,, Commission Exphs torch 30, ~ C O NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following matter will be held for public hearing (in addition to those advertised same date hereof) by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, December 17, 1981: 9:00 p.m. RE-HEARING. Application of Herbert W. Davids, by Stanley S. Corwin, Esq., 634 First Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area and width of parcels proposed to be re-separated. Description of Property: Lots 25, 26 and 27 of Seawood Acres Subdivision, Filed Map 2575; bounded north and west by Reese; south by McDermott; east by Seawood Drive. County Tax Map Parcels No. 1000-79-7-64, 65 and 66. Dated: December 5, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Instructions to newspapers: Please publish Thursday, December 10, 1981 and forward affidavit of publication to: Board of Appeals, Town Hall, Main Road, Southold, NY 11971, on or before December 16, 1981. -x O SMITH, FINKELSTEIN, LUNDBERG, CRIMMINS AND YAKABOSKI HOWARD M. FINKELSTEIN PIERRE O. LUNDBERG FRANCIS J. YAIiABOSIiI ROBERT C. CRIMMINS FRANK A. IS~ WILLIAH F. BATES SU~N POST ROGERS ATTORNEYS AND COUNSELORS AT LAW 456 ORIFFING AVENUE, CORNER OF LINCOLN STREET P. O. BOX 389 RIVERHEAD, N.Y. 11901 (516) 727-4100 Mr. Charles Grigonis, Jr., Chairman Southold Town Board of Appeals Main Road, State Road 25 Southold, New York 11971 November 23, 1981 REGINALD C. SMITH OF COUNSEL To ,' n ot So,hold Re: Davids v. Zoning Board of Appeals Dear Mr. Grigonis: I enclose herewith copy of letter of Stanley Corwin, dated November 18, 1981, with respect to the above captioned. As you can see, Mr. Corwin has requested, on behalf of his client, a reconsideration of the Board's determination, and I would appreciate it if you would contact me regarding this matter. Enclosure FJY:mo Very truly yours, ~ OSKI STANLEY S. CORWIN, P.C. MRST I~"RE~T · G. REENPORT, NEW YORK 516 - 477~31 November 18, 1981 Francis J. Yakaboski, Esq. 456 Griffing Avenue Riverhead, New York 11901 Re: Davids v. Zoning Board of Appeals of the Town of Southold Dear Frank, Thank you for taking the time to go over the record in this matter and agreeing to submit to the board a proposal for the basis of a compromise. Because the public records indicate every other lot in the subdivision is in single and separate ownership, and because of the split vote, I have a very strong persuasion the court would have little difficulty finding an abuse of administrative discretion. However, my client would be satisfied if just one lot could be spun off of his present holding. Accordingly, I propose that we resolve this proceeding by agreeing to dividing the three lots into two. Since the building is on the middle lot, the division would consist of lot 27 as a single lot and lots 25 and 26 together as a single lot. Let me know, if y~~will, if thee is anything I can do to assist in the presentati~f~roposal. ~o;dially, Stanley S. Corwin V1CTOR LESSARD EXECUTIVE ADMINISTRATOR (516) 765-1802 Town Hall, 53095 Main Road P.O. Box 1 179 Southold, New York 11971 OFFICE OF BU! LDING INSPECTOR TOWN OF SOUTHOLD November 20, 1987 Michael J. Hall, Esq. Youngs Avenue Southold, New York ii971 Re: Vacant Land CO Z-16315 DALE & JOANN MAYNARD Tax Map #79-7-64 Dear Mr. Hall: Research on this lot in the Zoning Board of Appeals file indicates to us that by ZBA Action #2818, the appeal to seperate this lot from the other was denied. Therefore, Vacant Land CO Z-16315 was erroneously issued and is now void. Very truly yours, SOUTHOLD TOWN~ILDING DEPT. Victor Lessard, Executive Administrator VL: gar TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 TEL. 765-1802 CERTIFICATE OF OCCUPANCY NO. ~ 163 15 DATE...O.c.t..o.b.e.r. ~2.0.,.. ! .9.8.7.... VACANT This CERTIFIES that the lot ........................................ Location of Property.. 795 Seawood Drive Southold HOUSE ~J STREET HAMLET County Tax Map ~J, 'Section.. 79 .Block. 7 .Lot 6.4 Subdivision---S-e-a.-w-°.°.d..A..c.r.e.s....' Filed Map tJ..2.5.7..5 .... Lot ~.2..5 ..... conforms substantially to the applicable provisions of the Zoning Code of the Town of Southold. The premises are located in the A-Residential Agricult'Ural Zoned District and may be used for such uses as are presently authorized by the Zoning Code in such district subject to, however, all of the requirements of the Zoning Code. DALE AND JOANN MAYNARD The certificate is issued to ....................................... (owner, X//~L~X////~rY~- of the aforesaid lot. Building Inspector Rev. '7/86 October 13, 1987 Southold Town Building Department Southold Town Hall Main Road Southold, New York 11971 Re: 1000-079-09-064.000 Dear Building Department: In conneciton with the above matter, enclosed please find the following: 1) Application for Vacant Land Certificate of Occupancy 2) MJH check in the amount of $20.00. Please be so kind as to issued this C.0. at your earliest convenience. Sincerely, Michael J. Hall FORM NO. 6 TOWN OF SOUTHOLD Building Department Town Hall $outhold, N.Y. 11971 765- 1802 APPLICATION FOR CERTIFICATE OF OCCUPANCY Instructions A. This application must be filled in typewriter OR ink, and submitted ~ ~ to the Building Inspec- tor with the following; for new buildings or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic featu res. :2. Final approval of Health Dept. of water supply and sewerage disposal-(S-9 form or equal). 3. Approval of electrical installation from Board of Fire Underwriters. 4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa- tions, a certificate of Code compliance from the Architect or Engineer responsible for the building. 5. Submit Planning Board approval of completed site plan requirements where applicable. B.landF°r uses:eXisting buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing" 1. Accurate survey of property showing all property lines, streets, buildings and unusual natural or topographic features. 2. Sworn statement of owner or previous owner as to use, occupancy and condition of buildings. 3. Date of any housing code or safety inspection of buildings or premises, or other pertinent informa- tion required to prepare a certificate. C, Fees: ., 1. Certificate of occupancy New Dwetling. $25.00, Accessory ,$10.00 Business $$0.00 2. Certificate of bccupancy on pre-existing dwelling $ $ 0.0 0 3- CopY of certificate of occupancy $ 5.00, over 5 :years $10 00 4.Vacant Land C.C. $ 20.00 ' 5.Updated C.C. $ 50.00 Date October 13, 1987 NewConstr'uction ...... Old or Pre-existing Building ............ Vacant Land XXX Locat;on of Property...... ............eawood .D.~.v.e. .............. Southold House No. Street Hamlet Owner or Owners of Property DaIe and Joann Haynard County Tax Map No. 1000 Section 79 7 ............... B lock 64 ............... Lot ................ Subdivision Seawood Acres ......... 25 ................................. Filed Map No. d575' .Lot No .............. Permit No ........... Date of Permit .......... Applicant Health Dept. Approval ........................ Labor Dept. Approval ........................ Underwriters Approval ........................ Planning Board Approval ...................... Request for Tern porary Certificate ..................... Final Certificate ....................... Fee Submitted $ 20.00 Construction on above described building and permit meets all applicable codes and regulations. Applicant .~ichael J. Hall Rev. 10-10-78 TOWN OF SOUTHOLD OWNER ,FORMER OWNER _,'('~-d.:~/'. :,/ RES. LAND SEAS. IMP. NEW STREET N VL. ,~// TOTAL FARM Tillable NORMAL AGE Woodland Meadowland House Plot Ac re Total VILLAGE E/,Cl ..'.L. ~ W PROPERTY RECORD CARD s ~PE .OF BUILDING FARM DATE BUILDING CONDITION BELOW Value Per Acre ABOVE Value I FRONTAGE ON WATER -f FRONTAGE ON ROAD DEPTH BULKHEAD DOCK ./;~_? ?-' ?.~:$ TOWN OF SOUTHOLD PROPERTY RECORDCARD ~_// 'OWN ER SIREET Vi LLAGE DIST. ' SUB. LOT S~ ~ , , W TYPE OF BUILDING RES. SEAS. VL. ~,// FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS Tillable ,. FRONTAGE ON WATER Woodland FRONTAGE ON ROAD /oO , Meaclowla.d DEPTH House Plot BULKHEAD Total OF $OUTHOLD TOWN PROPERTY RECORD CARD ! ~..., · · · w ir . OWNER STREET VI LLAGE DIST.: SUB. LOT ACR. FORMER OWNE~ N E Cz/,., ?.-Z> ~,C' _, ~ .... " ~/, >;.-~ ,--~..~c. t,,. ~, Q ~'-( ..... S · W ~PE OF BUILDING RES. 2, I C*, S~S. VL. ~ FARM CO~. CB.. MlCS. Mkt. Value '. ' '. . ~N D IMP. TOTAL DATE R~RKS ~o~ - .. ~ ~ / ~D~.,'?z / . ~0 ....... 4~0.-5~,,~-~ ~.:c .. /.--'~/'"~ ,, ~' .. .... ~, -., . ..- . ,~.'~ / ~. I ' ' ~/~/~ ~i'~ ~<.~ ~ ~,.~,,~.., ~~...,,:,c ~*~-:,:~,~..'-' AGE ' ' BUILDING CONDITION N~ NOR~L BELOW ABOVE FARM Acre Value Per Value Acre Tillable - FRONTAGE ON WATER W~lan~ · FRONTAGE ON ROAD ~.~ f.:, Meodowlond . DEPTH Hou~ Plot ~ BULKH~D Tot~l~ ~ ~ ~ D~K COLOR TRIM Extensio! Extension Extension Porch Porch B re ezewoy Garage Patio 0. Bo Total Foundation Basement Ext. Walls Fire Place Type Roof Recreation Room Dormer Bath Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Driveway Dinette DR. BR. IFIN. B / ~,,., .? ~.~, TOWN OF SOUTHOLD PROPERTY,-JI, ECORD CARD OWNER b I KEET VILLAGE DIST. ' SUB. LOT ACR. J S W TYPE OF BUILDING RES. S~S. VL ~// FARM CO~. CB. MICS. Mkt. Value ~ND IMP. TOTAL DATE R~RKS Tillable · FRONTAGE ON WATER W~land FRONTAGE ON ROAD /0 0/ Meadowland DEPTH House Plot ~ BULKH~D Total j J M. Bldg. ~,~ Exte~i~n~/ Extension Extension Porch Porch Breezeway Garage Patio 0. B. Total COLOR Foundation Basement Ext. Walls Fire Place Type Roof Recreation Room Both Floors Interior Finish Driveway Heat ~,/:f ~ Rooms 1st Floor ~ BR. Rooms 2nd Floor _~ FiN. B inette K. LR. DR. -! Dormer TOWN OF SOUTHOLD PROPERTY RECORD CARD ,....f, IG~o - 7~. 7-~a ' OWNER .... ]STREET V,LL~GE DIST. SUB. LOT :Fo~ ow~E~ ~ N ~E ~c~. ~/ .. , , " . ~..- ~t' ~ i' ,,. ~~D~ . .D , ' . ~PEOF BUILDING . ~ . ..~ S , W RES. t? :/c~ S~S. VL... FARM COMM. CB~ MlCS. Mkt. Value / .r : :._.) ~N D IMP. TOTAL DATE RE~RKS · - //~/~ .'-~.~ (~ o I~ ~ ~ ~~- :~-zfv ----"' '-' " AGE. :.' BUILDING CONDITION N~ - ~oRM~L BELOW ABOVE FA~ . Acre Value P~r Value Acre Tillable - F~ONTAGE ON WATER Wo~land FRONTAGE ON ROAD /~ ~ ~ MeadoWland DEPTH House Plot BULKH~D Total D~K Extension Extension Extension Porch Parch Breezeway Garage Patio O.B. Total COLOR Foundation Basement Ext. Walls Fire Place Type Roof Recreation Room Dormer Bath Floors Interior Finish ~eat Rooms 1st Floor Rooms 2nd Floor Driveway TRIM ~//~?- · I Dinette LR. DR. . FIN. B $outhold MAIN ROAD- STATE ROAD 25 Town Board o£Appeals BOUTHOLD, L.I., N.Y. 11cj71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER v Cha.~ JOSEPH H. SAWlCKI ~'anuary ~2, 1952 Stanley fl. Co~v~n, BIq. 634 Fi~s~ Street ~:ee~pezt, ~Z 11944 ~et ~e&! No. 2Bl8 Dear Sir: Attached herewith is a copy of the formal findings and determination of the Board of Appeals recently rendered and filed with the office of the Town Clerk concerning your appeal. In the event your appeal has been approved, please be sure to return to the Building Department for approval of any new construction or for a certificate of occupancy of the premises, as may be applicable. If you have any questions, please do not hesitate to call either our office or that of the Building Inspector at 765-1802. Yours very truly, GG:lk Enclosure GERARD P. GOEHRINGER CHAIRMAN By: Linda Kowalski Secretary SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK HERBERT W. DAVIDS, - against - Pet it ioner, Index No. ~'/-~ O > A ~ NOTICE OF PETITION THE ZONING BOARD OF APPEALS OF ~E TOWN OF SOUTHOLD Respondent. mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmx SIRS: PLEASE TAKE NOTICE that upon the annexed petition of Herbert W. DaVids, verified on the day of October, 1981, an application will be made to a Special Term, Part I of this Court, to be held at the Courthouse thereof,Griffing Avenue, Riverhead, New York, or at such other place as such term is appointed to be held, on the 9th day of November, 1981 at 9:30 o'clock in the forenoon, or as soon thereafter as counsel can be heard, for a judgment pursuant to CPLR Article 78 granting the relief demanded in the annexed petition and for such other and further relief as may be just and equitable. PLEASE TAKE FURTHER NOTICE that an answer and return, including all of the papers and proceedings before the respondent Board, and supporting affidavits, if any, must be served at least- five days before the date of return. Suffolk County is designated as the place of trial on the basis of the location therein of the subject real property. Dated: October 8, 1981 STA/FLEY S. CORWIN, P.C. Attorney for Petitioner Office & P.O. Address 634 First Street Greenport, N Y 11944 (516) 477-0031 -2- SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK HERBERT W. DAVID8 , Petitioner, - against - THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD, Respondent. TO THE SUPREME COURT OF THE STATE OF NEW YORK Index No. PET IT ION The petition of Herbert W. Davids, by Stanley S. Corwin, P.C., his attorney, alleges 1. Petitioner is a resident of the Town of Riverhead, Suffolk County, New York, and is the cO-owner of real property, the subject of this proceeding, at Southold in the Town of Southold in such county and state. 2. The respondent is the statutory board created by the Zoning Law of the Town of Southold to consider special exceptions and permits, variances and other matters under such law, which is incorporated herein by reference. 3. A copy of the deed by which the petitioner and another acquired title to the subject premises on August 23, 1967 is attached hereto and made a part hereof as exhibit A. 4. By said deed three lots on a subdivision map approved in 1956 were conveyed to grantees, and on April 22, 1981, petitioner applied to the building department of the Town of'Southold for separate certificates of occupancy for each of the three lots. 5. The several applications were denied by the building inspector notwithstanding that the lots were on an approved subdivision map on ~he ground that because of an amendment of the zoning ordinance subsequent to the petitioner's acquisition of the prOPerty the 'lots did not contain sufficient area. 6. Forthwith upon such denial and on April 22, 1981 an appeal from the decisions of the'building inspector was taken in behalf of petitioner and appropriately filed together with a short environmental assessment form and a statement pursuant to 6 NYCRR Sect. 661 and Article 25 of. the New York State Environmental Conservation Law. 7. A public hearing was held by respondent on the appeal on May 14, 1981; an appearance was made in behalf of the petitioner and there was no unequivocal opposition to the granting of the application. Following the hearing the five member board, with one member absent, divided; subsequently a full board denied the appeal by a 3-2 vote which was approved by the board of appeals on Septem- ber 17, 1981 and filed in the office of the town clerk on Septem- --2-- ber 18, 1981. 8. Thirty days have not elapsed since the filing of the respondent's determination with the town clerk. 9. The action and determination of the respondent was illegal, unconstitutional, arbitrary, capricious, improper and an abuse of its discretion. 10. The d~termination of the respondent was not made in a civil action or proceeding by a court of record or a judge of a court of record; it was not made in a criminal matter; it finally determined the rights of the petitioner with respect to the matter to be reviewed; it cannot be adequately appealed by an appeal to a court or some other body or officers and respondent is not authorized by statute to rehear the matter on petitioner's appli- cation. 11. Petitioner reserves the right to reply to supply further information to the Court upon the filing of respondent's answer and return. WHEREFORE, petitioner demands'judgment that the determin- ation of the respondent by annulled and that its determination that the petitioner shall not have a variance as applied for be reversed, and for such other, further or different relief as to the Court may seem just and proper. --3-- YOURS, etc. STANLEY S. CORWIN, P.C. Attorney for Petitioner Office & P.O. Address 634 First Street Greenport, N.Y. 11944 (516) 477-0031 -4- ':",, ¢'t CONSULT YOUR LAWYER ~f~E SIGNING THIS INSTRUMENT.THIS INSTR~SHOULD IE USED IY LAWYERS ONLT THIS INDENTURE, made the ~.~ day of August , nineteen hundred and sixty-seven BETWEEN DURAN ALLEN CONROY and SARAH ANN CONROY, his wife, both residing at 40 Locust Avenue, Larchmont, New York, pa~y of the first part, and HERBERT W. DAVIDS and PAULA OEHRLE DAVIDS, his wife, residing at 23 Melene Avenue, Riverhead, l~ew York, both party of the second part/ WITNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second.part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and imprOvements thereon erected, situate, lying and beinff~l~c at Southold, in the TOwn of S°uthold, County of Suffolk and State of New York, known and designated as and by the Lot numbers 25, 26 and 27, inclusive, on a certain map entitled, "Map of Seawood Acres, Section One", and filed in the Office of the Clerk of the County of Suffolk on June 26th, 1956, as Map %2575. Sarah Ann Conroy, one of the grantors herein, states that she has been known by no other name for the ten years last past. TOGETHER With all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anytl~ing whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that thc part), of the first part will receive the consideration for thii~ conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" ~all be constrned as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. 'PRESENCE OF: uran Allen C°n oy ' ',:: u ".;'-4' LS Sarah Ann Conroy STATE OI~ NEW .YORK. COUN~I' 61s ~,V/~/t~J'(~.. ~, the ·1~ day of August 1967 , before personally came Sarah Ann Conroy to mc know. t. bc the i.dividual described in and who ~.xcct,cd thc foregoing instrument, and acknowledged that she executed the same. / Notary Public .o. 60.8993~0 ~l,fmd m Wtltch~l~ Co-~Y STATE OF NEW YO~K, COUN~ OF SS: On the day of . 19 . before me pt. rsonally came " to me known, who, being by me ~luty sworn, did depose and say that he resides at No.' that he is the of · the corporation described in and xvhich executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so ~ffixed by order of the board of diredtors of said corpora- ti~, and that he signed h name thereto by like order. 0 ' .! argain anh ale leei Duran Allen Conroy and Sarah Ann Co~oy, his wife Herbert W. Davids and Pauls Oehrle Davids, his wife On the -32~ -day of August 1~7 , b~fore me personallf c?.me Duran Allon Con~o~ to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. ot .ary Public STATE OF NEW YORK. COUNTY OF SS: On the day of 19 , before me personally came --. the subscribing witness 'tO the foregoing instrument, with whom I am personal, ly'. acquainted, who, being by me duly sworn, did depose'and.say that .he .resides at No. that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. SECTION BLOCK LOT · COUNTY OR 'rOWN of Southold Recorded at Requ.t of '-- ~ HO~SE T~x~z DIVIgON '''' ' CHICAGO TITLE INSURANCE COMPANY Return by .Mail to '' -' STANDARD FORM OF NEW ¥ORX BOARD OF TITLE UNDERWRITERS HO~fE TITLE DIVISION CFflCAGO TITLE I~SURA~CE C O~! PA ~'3~ Stanley S. Cozwin, Esq. 114 Main Street- Greenport, New York 11944 . .... ,~.: -. ,~,? /-. O C SEP 11 Ig6'? o /2.o/ /% NORMAN E. KLIPP Clerk of Suffolk ~unl~. STATE OF NEW YORK, COUNTY OF ss.: The undersigned, an attorney admitted to practice in the courts of New York State, [-~ ¢~.iii=tlo~ certifies that the within B,/Attecnty g has been compared by the undersigned with the original and found to be a true and complete copy. D Attemy's shows: deponent is ~,~,~t~. the attorney(s) of record for in the within action; deponent has read the foregoing and knows the contents thereof; the same is true to deponent's own knowledge, except as to the matters the~rein stated to be alleged on information and belief, and that as to those roarers deponent believes it to be true. This veritication is made by deponent and not by The grounds of deponent's belief as to all matters not stated upon deponent's knowledge are as follows: The uv~lersigned affirms that the foregoing statements are true, under .the penalties of perjury. Dated: STATE OF NEW YORK, COUNTY OF The name si~ned must be printed beneath VeriSgatien The grounds of being duly sworn, deposes and says: deponent is ~~illlllllil~ in the within action; deponent has read the foreg.,oing ~kl[~l and knows the contents thereof; the same is true to deponent s own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters deponent believes it to be true. the of a corporation, in the within action; deponent has read the ~oregoing , and knows the contents thereof; and the same is true to deponent s own knowledge, except as to the roarers therein stated to be alleged upon information .and belief, and as to those matters deponent believes it to be true. This ve~ifieation is made by deponent because is a corporation and deponent is an officer thereof. deponent's belief as to ~11 matters not stated upon deponent's knowledge are as follows: ~ -' ............... '/~".~';;;~'i;ii'~;';7~i'.Ti;~i';~ ............... ~ing duly sworn, ds~ and ~ys: de~ne~ is not a ~y to ~e action, is ov~ 18 y~s of Me a~d r~i~ at AtblMit I~ Iiil Athlivit S~nice On 19 deponent served the within upon attorney(s) for in this action, at the address designated by said attorney(s) for that purpose by depositing a true copy of same enclosed in a post-paid properly addressed wrapper, in -- a post office -- official depository under the exclusive care and custody of the United States Postal Service within the State of New York. On 19 deponent served the within upon herein, by delivering a true copy thereof to h person so served to be the person mentioned and described in said papers as the the personally. Deponent knew the therein. Sworn to before me on 19 The nl~ silntd Im~t lie priflhd kemth O? NOTICE OIv ENTRY Index No, Year 19 Sir:- Please take notice that the within is e (¢trtifitdJ true copy of a duly entered in the office o! the clerk of the within named court on 19 Dated) ¥Otlr8) STANLEY S. CORWIN, P.C. At~torneys O$1ice and Post Office Address O634 First S t., P, O. Box C GRKKNPORT, NEW YORK 11944 To Attorney(s) for Si~.--Please take notice that an order of which the withh~ is a true copy will be presented for settlement to ~e Hon. one o! the iudges of the wirbi~ named Court) at Qthe ate l~ated) day of 19 Yours) etc.~ STANLEY S. CORWIN, P.C. OH~e ~nd Post OHi~ 634 First St., P. iD. Box C GRt='I=NPORT, NEW YORK !'1944 To Attorney(s) for STANLEY S. CORWIN, P.C. Attorn,ys .for ~g.~Jlllll[l~ Oilier and Post Oilier Addrt:s, Ttltt~hont 634 First St., P.O. Box C GRK£NPORT. NEW YORK !1944 516 / 477-0031 To Attorney(s) for Service of a copy of the within Dated, is hereby admitted. Attorney(s) for TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZON'L~G BOAKD OF APPEALS Appeal No. 2818 by application Dated April 22, 1981 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Herbert W. Davids by Stanley S. Corwin, Esq. 634 First Street Greenport, NY 11944 9/16/81 DATE ....................... Appellant at a meeting of the Zoning Board of Appeals on July 9, 19 8 1 was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance Art. III, Sec. ( ) 100-31 the appeal 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 Public Hearing: 5/14/81: 8:45 P.M. Application of Herbert W. Davids, by Stanley S. Corwin, Esq., 634 First Street, Greenport, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area and width of three proposed parcels known as Seawood Acres Subd. Lots 25, 26 and 27, Filed Map #2575; bounded north and west by ReeSe; south by McDermott; east by Seawood Drive; County Tax Map Item No. 1000- 79-7-64, 65, and 66. (SEE REVERSE SIDE). 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because (SEE REVERSE SIDE) practical difficulties or unnecessary (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) (SEE REVERSE SIDE) and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ) be denied and CG: lk FORM ZB4 ZONING BOARD OF APPEALS After investigation and personal inspection, 'the Board finds and determines as follows: By this appeal, appellant seeks to divide premises located at the west side of Seawood Drive, Southold, into three parcels, each containing an area of approximately 12,500 square feet and with road frontage of approximately 100 feet. The lots in question appear to have been transferred to applicant prior to the change of zoning to 40,000 square feet in 1971. The Board finds that the relief requested is substantial in relation to the Code requirements of 40,000 square feet and 150 feet road frontage; that the circumstances present are not unique; that the premises are not suitable for three dwellings; that the spirit of the zoning ordinance would not be observed if the variance were granted; that a hardship or practical difficulty has not been shown to be sufficient to warrant the granting of this variance; and that the interests of justice would be served by denying the variance as applied for in Appeal No. 2818. On motion by Mr. Doyen, seconded by Mr. Douglass, it was RESOLVED, that the relief as requested, in Appeal No. 2818, application of Herbert W. Davids, is hereby denied without..prejudice. Location of Property: Seawood Drive, Southold, NY; Seawood Acres Subdivision Lots 25, 26 and 27, Filed Map #2575; bounded north and west by Reese; south by McDermott; east by Seawood Drive; County Tax Map Parcel Nos. 1000-79-7-64, 65 and 66. Vote of the Board: Ayes: Messrs. Doyen, Douglass and Goehringer. Nays: Messrs. Grigonis and Sawicki. This resolution was duly passed by majority vote. RECEIVED AND FILED BY THE SOUTiiOLD TOWN CLERK To~ Clezk, To~ o~ ~u~hold APPROVED Southold Town Boa~of Appeals M~14, 1981 RESERVED DECISION: Appeal No. 2818. Application of Herbert W. Davids., by Stanley S. Corwin, Esq., 634 First Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area and width of three pro- posed parcels known as Seawood Acres Subdivision Lots No. 25, 26 and 27, Filed Map No. 2575; bounded.north and west by Reese; south by McDermott; east by Seawood Drive; County Tax Map Item No. 1000-79-7-64, 65 and 66. The Acting Chairman opened the hearing at approximately 8:55 p.m., read the appeal application and related appeal documents, legal notice of hearing and noting the affidavits of publication in both the local and official newspapers, Notice of Disapproval from the Building Inspector, letter from the Town Clerk that notification to adjoining property owners was made; fee paid $15.00. MR. CHAIRMAN: We have a copy of the survey indicating Lots 1, 2 and 3 which are Lots 25, 26 and 27 of Seawood Acres. We also have a map of the surrounding property and this property on the tax map. Is there anybody that would like to speak in favor of this application? HERBERT DAVIDS: Mr. Chairman, Members of the Board, my name is Herbert Davids. What I would like to say is~that when we bought the property back in 1967, the two lots were for sale, as, you know, separate sale. We bought them as a matter of protection for ourselves and privacy while the children were growing and investment later. And now it's later and the time has come to, you know, we would like to sell the lots and I would like to point out that I don't have anything more to add essentially to the application except that Mr. Sherwood in the Assessors' Office indicates that all the lots on Seawood Drive are in single and separate ownership. Thank you. MR. CHAIRMAN: Thank you. Is there anybody else that would like to speak in behalf of this application? Does anybody wish to speak against the application? Do any members of the Board have any questions? (Negative) Hearing no further questions, I'll offer a resolution closing the hearing and reserve decision until a later date. MEMBER DOYEN: Second. On motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, to close the hearing and reserve decision until a later date, in the matter of Herbert W. Davids, Appeal No. 2818. Vote of the Board: Ayes: Messrs. Douglass, Doyen, Goeh- ringer and Sawicki. (Member Grigonis was absent.) Today' s Date: Members Absent, if any: THURSDAY, JULY ~_1981 Appeal No. 2818 Agenda Item/Matter of: Type of Variance or Appeal: __ DAVIDS~ HERBERT W. Insufficient area and width of three proposed parcels know----~a~ Seaw~6d Acres ~5~B~ri.--Lots 25, 2~, Resolution made by: Seconded by: GCrharles Robert ~eo~r%en ~ Gerard lgonls Dougr~ss ~oenrmger ( ) ~oseph. aWlCK1 ( ) Action: ( ) Approve as applied for ( ) Den)' as applied for ( ) ~eny (~)"'~eny without prejudice ( ) Withdrawn without Prejudice ( ) ( ) Approve with the follow.ing conditions: Subject to County Planninq referral ,Subject to Planninq Board approval Subject to D.E.C. requlations ( ) Other: Findings of the Board are as follows: Other: ( ) ( ) ( ) (,) ( ) ( ) ( ) ( ) Vote Not Within the Character of the Neighborhood Variance is Substantial in Relation to Code 0; If so, ,o. Hardship not sufficient Hardship or Difficulty Not Unique Wil! set a precedent in the neighborhood Area is already very congested Interests of justice served by denying of the Boar. d: A}'es: (~ C_.G (v) SD Nay: ( Abstain: ( ) ( ) Absent: ( ) .( ) ( ) ( ) (~RD (')~/GG ( ) jS () () () () () () () ( ) Granting the Relief Requested is within spirit of the zoning code ( ) Relief is not substantial ( ) Burden of hardship or difficulty Shown and is unique ( ) Variance will not change character of the neighborhood Interests of Justice served by granting Notes Today' s Date: Members Absent, if any: THURSDAY, Appeal No. . 2818 Agenda Item/~Xlatter of: Type of Variance or Appeal: Insufficient area and Width of three prbposed ~arce]~s known 'a-s Seawo6d Acres ~5~5~.--Lots 25, 2~, zT. GCharles r~goms Robert _ Gerard Douglass t~oenrm§er ( ) ( ) Resolution made by: ~ ( ) ( ) Seconded by: (~ ( ) ( ) Action: (Vt) Approve as applied for ~ -ff~-~!o~ Approve with ( ) Deny as applied for  without prejudice ~ .~-~r=~ ~t ~-6-~ ( Prejudice ( ( ) ( the following conditions: ) Subject to County Planninq referral ) Subject to Planninq Board approval ) Subject to D.E.C. req_ql_ations ( ) Other: Findings of the Board are as follows: Other: Not Within the Character of the Neighborhood Variance is Substantial in Relation to Code If so, %. Hardship not sufficient Hardship or Difficulty Not Unique %~rill set a precedent in the neighborhood Area is already very congested Interests of justice served by denying ( ) ( ) () ( ) ( ) ) Granting the Relief Requested is within spirit of the zoning code Relief is not substantial Burden of hardship or difficulty Shown and is unique Variance will. not change character of the neighborhood Interests of Justice served by granting V ore Notes: of the Boar. d: Ayes: (V';,) CG ( ) SD ( ) RD Nay: ( Abstain: ( ) ( ) ( ) Absent: ( ) . ( ) ( ) IGa (vO ~s () () () () () Q oU-'r Today' s Date: Members Absent, if any: lq81 Appeal No. 2818 Agenda Item/~Xlatter of: T)qpe of Variance or Appeal: Resolution made by: Seconded by: Action: DAVIDS; HEP..LBE]RT W, Ins~lf_~cient___area and width known as GCharles mgonts (') ( ) ( ) (,),"' ( ) ( ) of~three proposed parcels ~easwood %cres Subd. Lots 25, 26, 27. ~%%e ~Robcrt ~ G~rard Joseph. n oougtass uoearlnger ( )- . (~') ( ) ( ) / ~Approve as applied for ) Approve with the following conditions: ~ny as applied for Deny without prejudice ( ) Withdrawn without Prejudice ( ) .Subject to County Plannin9 referral Subject to Planning Board approval-~'~/I/l~;a~ ).Subject to D.E.C. regulations ( ) Other: Findings of the Board are as follows: Other: ( ) Not %~rithin the Character of the Neighborhood ( ) Granting the Relief Requested is within Variance is Substantial in Relation to Code If so, %. ( Hardship not sufficient ( Hardship or Difficulty Not Unique Will set a precedent in the neighborhood ( ) Area is already very congested Interests of justice served by denying ( ) ( ) Vote of the Board: Ayes: (~CG ()SD (),J~D ().~G (~JS Nay: ( ) ( )/ (~/ (V)' ( ) Abstain: ( ) (~/~ ( ) ( ) ( ) Absent: ( ) . ( ) ( ) ( ) ( ) spirit of the zoning code ) Relief is not substantial : ) Burden of hardship or difficulty ShoWn and is unique Variance will not change character of the neighborhood Interests of Justice served by granting 855 SUNRISE HIGHWAY LYNBROOK, N. Y. 1 1563 516 - L.Y 3-52OO 7:05 p.m. Application or Karl E. Fransson, 11 Dodge Drive, West Hartford, CT 06107 for a Variance for ap- proval of access, New York Town Law Section 280-a. Loca- tion of property: Private Road, Fishers Island, NY' more particularly known a~ County Tax Map Item No. 1000-3-6-4 and bounded north by Private Road; south east and west by Fishers Island Development Corp. 7:15 p.m. Application of Oydsseas Pyrovolakis, 83-16 170th Street, Jamaica, NY 11432, for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct dwelling with insuf- ficient front and rear yard setbacks at 3180 Stars Road, East Marion, NY; Stars Man- or. Subd. Filed Map//3864, Lot 26; County Tax Map Item No. 1000-22-2-19; bounded north by Zerris, west and south by Stars Road, east by Schroe- der. 7:25 p.m. Application of Donald Scott, Critten's Lane, Southold,NY for a Variance to the Zoning oralnance, Art. III, Sec. 100-31 for permission to construct addition to dwelling with insufficient front and rear yard setbacks at the northeast corner of Beach- wood Lane and Critten's Lane, Southold; bounded north by Hoffmeister; west by Oates; south by Beachwood Lane; east by Critten's Lane; County Tax Map Item No. 1000-70-11-8. 7:35 p.m. Application of Alfred T. and Audrey M. Young, North Bayview Road, Soutbold, NY for a Variance to the Zoning Ordinance, Art. VII, Sec. 100-70A, B, for per- mission to convert pre-exist- lng nonconforming dwelling into a two-family dwelling in a B-1 District. Location of pro- perty: 295 Beckwith Avenue, Southold; bounded north by Mallgraf; west by Southold Equities and Plyko; south by Bucci; east by Beckwith Ave- nue; County Tax Map Item No. 1000-61-1-23. (by Rudolph H. Bruer, Esq. as attorney). 7:45 p.m. Application of Peter and Helen Puric, 1250 Second Street, New Suffolk, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct addition to dwelling with an insufficient rearyard setback at 1250 Second Street, New Suffolk, NY; bounded north by Capaldo; west by private right-o(-way; south by Victoria; east by Kinirsky; County Tax Map Item No. 1000-117-7-23. (by Rudolph H. Bruer, Esq. as attorney). 7:55 p.m. Application of Wilhelm Franken, 75 Carroll Street, Brooklyn, NY 11231 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-32 for permission to build garage in the front, side and rear yard areas at 830 Tarpon Drive, Greenport, NY; bounded north by Starkie; west by Reese; south by Weismann; east by Southold Shores Ass'n; County Tax Map Item Nos. 1000-57-1-8 and 9. 8: fO p.m. Application of David Strong, Box 1033, Matti- w tuck, NY for a Special Excep- tion ' he Zoning O.rdinance, Art. . Sec. 100-60(C)(2)(a) for permission to erect sign with insufficient front and side yard setbacks at 11455 Main Road, Mattituck; bounded north by VanRyswyk and O'Neil; east by Mileska; south by S.R. 25; west by Burgon; County Tax Map Item No./' OF SUFFOLK, ] 1000-142-2-17. ~' 8S: 8:20 p.m. Application of OF NEW YORK, Stephen J. Kmetz, Jr 652~ 11788 for a Variance t~' t~{e(1 }{* Zoning Ordinance, Art. III, ' ............................. being duly Sworn. Sec. 100-31 to construct dwel-It he is Printer and Publisher of the SUFFOLK ling with insufficient front ........ and/or rear yard setbacks at Y TIMES. a newspaper published ~xt Greenport, in s'aid 550 Greenway West, Orient, NY; bounded north by Mc-and th-t the notice, of which the annexed is ~ printed Coughlin; west by Greenway West; south by Eufemia; east,s been published in the said Suffolk Weekly Times by Stuke; County Tax Map Item No. 1000-15-1-19. each week, for . . one 8:35 p.m. Recessed hearing - · ........................ weeks Agnes Dunn. ~xg. Ve~ly ~ommeucing on l~he 8:45 p.m. _ Ap.nlicntian ..................... Herbert W. Davids, b~' Stan__~J~L ...... ,~_~. _.tJorwih, l~sq, 634 FirsV .l~.O,.y./~..,.. ..... 1~..1.. /'~Varian~~ ............. nance, Art. III.~S. ec. 100-31 for o before me this hppr°vai 0/- ins.ii_jl'tj"~~ .... ~and width' 6i~hig~ orooosed ~' M~'~ ._ o~ I ~:""k-~bk-.~'~~:_' ,.,*.,a. ............. _ J,u. p. ,.. J - ............ ........ 7~n~ort.h.and west by Reese; ,,.~o_um oy ivicDerm~-~l--15~ ........................................ Map Jtem No. 1000-79-7-64, 65 and 66. 9:00 p.m. Application of Robert Ketcham, Box 295, East Marion, NY for a Var- iance to the Zoning Ordinance, Art. VI, Section 100- 60(C)(2)(a) for permission to e.rect off-premises-advertising s~gn at 6800 Main Road, Green- port, NY; bounded north by S.R. 25; west by Dobek; south by Cowan; east by Pekunka and Keefee; County Tax Map Item No. 1000-53-2-15.901. 9:15 p.m. Application oF Peter R. Stoutenburgh as agent for Perrie Pascucci, 3075 Indian Neck Lane, Pecon- lc, NY 11958 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct dwelling with an insufficient rearyard setback at 305 Narrow River Road (and King Street), Orient, NY; bounded north by Darzy and Tannenbaum; west by Matthews; south by Harbor Road; east by King Street~ County Tax Map Item No. 1000-26-3-11. 9:25 p.m. Recessed Hearing - Roy C. Schoenhaar for ap- proval of insufficient area, width and 280-a for property located at the south side of S.R. 25, Mattituck, NY. Dated: May 4, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEAL CHARLES GRIGONIS, JR., CHAIRMAN 3684-1TM7 HELEN K. DE NOTARy PUBLIC, State ol New York Ho. 4707878, Sutfolk Oounty Term Expires March 30, COUNTY OF SUFFOLK STATE OF NEW YORK ss: Potricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County;// and thct the notice of which the annexed is a printed co~, has been published in said Long Island Traveler-Watch- man once each week for ........... .~. ........................... weeks successively, commencing on the ..... ..~. ........................... David Strong, Box 1.033, Mat- tituck, NY for a Special Exception to the Zoning Ordin- ance; Art. VI, Sec. 100-60(C) (2)(a) for permission to erect sign with insufficient front and side yard setbacks at 11455 Main Road, Mattituck; bound- ed north by VanRyswyk and O'Neil; east by Mileska; south by S.R. 25; west by Burgon; County Tax Map Item No. 1000-142-2-17. 8:20 p.m. Application of Stephen J. Kmetz, Jr., .652 Village Drive, Hauppauge, NY 11788 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 to construct dwell- ing with insufficient front and/or rear yard setbacks at 550 Greenway West, Orient, NY; bounded north by Mc- Coughlin; west by Greenway West; s°uth by Eufemia; east by Stuke; County Tax Map Item No. 1000-15-1-19. 8:35 p.m. Recessed hearing- Agnes Dunn. J 8:45 p.m. Application of Herbert W. Davids, b}, Stanley -5. Corwint Esq.~ 634 First L Street, Green~ort, NY for a ,'Variance to the Zoning Ordin- ance, Art. III, Sec. 100-31 for L approval ot' insutticient area .- a.nd width or' three propgsed parcels 'known as Seaswood 'Acr~ ~u~cl. ~ots 2S, 20 and 27~ Filed Map//2575; bounded ~ ~brth and west b~ Reese; south by McDermott; east by_ geaw0od Rive; "County Tax ~Vlkp Item No. 1000-79-7-64, 65 and ~ Application of Robert Ketcham, Box 295, East Marion, NY for a Vari- ance to the Zoning Ordinance, Art. VI, Section 100-60(C)(2) (a) for permission to erect off-premises-advertising sign at 6800 Main Road, Green- port, NY; bounded north by S.R. 25; west by Dobek; south by Cowan; east by Pekunka and Keefee; County Tax Map Item No. 1000-53-2-15.001. 9:15 p.m. Application of Peter R. Stoutenburgh as agent for Petrie Pascucci, 3075 Indian Neck Lane, Peconic, NY 11958 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct dwelling with an insufficient rearyard setback at 305 Narrow River Road (and King Street), Orient, NY; bounded north by Darzy an-d Tannenbaum; west by ~Mai- thews; south by Harbor Road.2_ east by King Street; County Tax Map Item No. 1000-2 -6~ 3-11. 9:2S p.m. Recessed Hear- ing -i ROy C,' Schoenhaar for approval of insufficient area, width and 280-a for property located at the south side of S.R. 25, Matt~tuck, NY. Dated: May 4, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., Chairman lT. 5/7/81 (91) \x -- Sworn to before me this ............. ..x...x. ............. day of Notory P&ofi¢ O LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town. Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and ~he following public hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY on Thursday, May 14, 1981 commencing at 7:00 p.m. and as follows: 7:00 p~m. Application of Joseph and Sara Woolston, 27 Green- wood Road, Fishers Island, NY 06390 for a Variance to the Zoning ~Ordinance, Art. III, Sec. 100-31 for permission to construct deck with an insufficient rearyard setback at 27 GreenwOod Road, Fishers Island; bounded northeast by F.I. Ferry District; southeast by Gilman; northwest by Barmache; east by Greenwood Road; County Tax Map Item No. 1000-12-1-13.4. 7:05 p.m. Application of Karl E. Fransson, 11 Dodge Drive, West Hartford, CT 06107 for a Variance for approval of access, New York Town Law Section 280-a. Location of property: Private Road, Fishers Island, NY; more particularly known as County Tax Map Item No. 1000-3-6-4 and bounded north by Private Road; south east and west by Fishers Island Development Corp. 7:15 p.m. Application of Oydsseas Pyrovolakis, 83-16 170th Street, Jamaica, NY 11432, for a Variance to the Zoning Ordinance, Art. III,Sec. 100-31 for permission to construct dwelling with insufficient front and rear yard setbacks at 3180 Stars Road, East Marion, NY; Stars Manor. Subd. Filed Map #3864, Lot 26; County Tax Map Item No. 1000-22-2-19; bounded north by Zerris, west and south by Stars Road, east by Schroeder. 7:25 p.m. Application of Donald Scott, Critten's Lane, Southold, NY for a Variance to the Zoning Ordinance, Art.' III, Sec. 100-31 for permission to construct addition to dwelling with insufficient front and rear yard setbacks at the northeast corner of Beachwood Lane and Critten's Lane, Southold; bounded north by Hoffmeister; west by Oates; south by Beachwood Lane; east by Critten's Lane; County Tax Map Item No. 1000-70-11-8. 'P~ge 2 - Board of als Regular Meeting of May 14, 1981 legal adv. 7:35 p.m. Application of Alfred T..and Audrey M. Young, North Bayview Road, Southold, NY for a Variance to the Zoning Ordinance, Art. VII, Sec. 100-70A, B, for permission to convert preexisting nonconforming dwelling into a two-family dwelling in a B-1 District. Location of property: 295 Beckwith Avenue, Southold; bounded north by Mallgraf; west by Southold Equities and Plyko; south by Bucci; east by Beckwith Avenue; County Tax Map Item No. 1000-61-1-23. (by Rudolph H. Bruer, Esq. as attorney). 7:45 p.m, Application of Peter and Helen Puric, 1250 Second Street, New Suffolk, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to c~nstruct addition to dwell- ing with an insufficient rearyard setback at 1250 Second Street, New Suffolk, NY; bounded north by Capaldo; west by private right- of-way; south by Victoria; east by Kinirsky; County Tax Map Item No. 1000-117-7-23. (by Rudolph H. Bruer, Esq. as attorney). 7:55 p.m. Application of Wilhelm Franken, 75 Carroll Street, Brooklyn, NY 11231 for a Variance to the Zoning Ordinance~ Art. III, Sec. 100-32 for permission t© build garage in the front, side and rear yard areas at 830 Tarpon Drive, Greenport, NY; bOunded north by Starkie; west by Reese; south by Weismann; east by Southold Shores Ass'n; County Tax Map Item Nos. 1000-57-1-8 and 9. 8:10 p.m. Application of David Strong, Box 1033, Mattituck, NY for a Special Exception to the Zoning Ordinance, Art. VI, Sec. 100-60(C) (2) (a) for permission to erect sign with insufficient front and side yard setbacks at 11455 Main Road, Mattituck; bOunded north by VanRyswyk and O'Neil; east by Mileska; south by S.R. 25; west by Burgon; County Tax Map Item No. 1000-142-2-17. 8:20 p.m. Application of Stephen J. Kmetz, Jr., 652~Village Drive, Hauppauge, NY 11788 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 to construct dwelling with insufficient front· and/or rear yard setbacks at 550 Greenway West, Orient, NY; bounded north by McCoughlin; west by Greenway West; south by Eufemia; east by Stuke; County Tax Map Item No. 1000-15-1-19. "· -~age 3 - Board of A~eals O Regular Meeting of May 14, 1981 8: 35 p .m. Recessed hearing - Ag.nes Dunn. I8:45 p.m. Application of Herber______~t W_~. David_____~s, by Stanley S. orwin, Esq., 634 First Street, GreenPort, NY for a Variance to he Zoning Ordinance, Art. III, Sec. 100-31 for approval of insuffi- ient area and width of three proposed parcels known as Seaswood cres Subd. Lots 25, 26 and 27, Filed Map #2575; bounded north and est by Reese; south by McDermott; east by Seawood Rive; County ax Map Item No. 1000-79-7-64, 65 and 66. 9:00 p.m. Application of Robert Ketcham, Box 295, East Marion, NY for a Variance to the Zoning Ordinance, Art. VI, Section 100-60(C) (2) (a) for permission to erect off-premises-advertising sign at 6800 Main Road, Greenport, NY; bounded north by S.R. 25; west by Dobek; south by Cowan; east by Pekunka and Keefee; County Tax Map Item No. 1000-53-2-15.001. 9:15 p.m. Application .of Peter R. Stoutenburgh as agent for Perrie Pascucci, 3075 Indian Neck Lane, Peconic, NY 11958 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct dwelling with an insufficient rearyard setback at 305 Narrow River Road (and King Street), Orient, NY; bounded north by Darzy and Tannen- baum; west by Matthews;, south by. Harbor.Road; east by King Street; county Tax Map Item No. 1000-26-3-11. 9:25 p.m. Recessed Hearing - Roy C. Schoenhaar for approval of insufficient area, width and 280-a for property located at the south side of S.R. 25, Mattituck, NY. Dated: May 4, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEAT CHARLES GRIGONIS, JR., CHAIRMAN Instructions to newspapers: Please publish once, to wit, Thursday, May 7, 1981 and forward 12 affidavits of publication to: Mrs. L. Kowalski, Secretary, Board of Appeals, Town Hall, Southold, NY 11971, on or before Tuesday, May 12, 1981. , I , Addendum to Legal Notice 5/14/81 Board of Appeals Regular Meeting On Monday, May 4, 1981 copies to: Mr. and Mrs. Joseph Woolston Mr. Karl E. Fransson Ms. Odysseas Pyrovolakis Mr. Stephen J. Kmetz, Jr. Gruhill Construction Corp for Mr. S. Kmetz Stanley. S. Corwin, Esq. for Mr. Herbert W. Davids Mr. Donald Scott Rudolph H. Bruer, Esq. for Mr. and Mrs. Peter Puric Rudolph H. Bruer, Esq. for Mr. and Mrs. Alfred T. Young Mr. David Strong Mr. Robert Ketcham Mr. and Mrs. Wilhelm Franken Mr. Peter Stoutenburgh (for Perrie Pascucci) Z.B.A. members T .~B. members Supervisor Town Attorney Town Clerk Bulletin Board (posted Ap'ril 30, 1981) Appeal Files HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. William F. Mullen, Jr. P! TO! Southold, N.Y. 11971 .D May 1, 1981 TELEPHONE 765- 1938 Mr. Charles Grigonis, Chairman Zoning Board of Appeals Town Hall Southold, New York 11971 Dear Mr. Grigonis: The Board has reviewed your request for information on the property of Herbert Davids. The division as proposed contains exceedingly small lots and the consensus of the Board on an overview was negative. The property will require subdivision action if it is approved by the Zoning Board of Appeals. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki o Southold Town Board of Appeals MAIN ROAD- STATE ROAD Z5 SOUTHOLD, L.I.. N.Y. 119'71 TELEPHONE {518} 755-1809 TO: FROM: DATE: SUBJECT: Mr. Henry E. Raynor, Chairman, Southold Town Planning Board Southold Town Board of Appeals April 27, 1981 Appeal No. 2818 - Herbert W. Davids Application Dear Henry: Recently the subject appeal was filed for a variance for approval of the insufficient area and width of three proposed lots at Seawood Acres, Section One, for 12,500 square feet, 12,757 square feet, 12,802 square feet, and 100-foot road frontage, 100.42 and 105.20 respectively. Attached is a copy of their survey dated April 12, 1981. Pursuant to Chapter A106-13 of the Town Code, please provide us with your decision regarding this matter. Also, if it is your decision that this project will require processing as a new sub- division, please advise as to whether or not you see any reasons why the lot lines should be changed at this time. Yours very truly, CHAIRMAN CG: lk Enclosure APPEALS BOARD MEMBERS CHARLES GRIGONIS, .IR., CHAIRMAN SERGE DOYEN. JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki NOTICE OF DECLARATION ~'~ PURSUANT TO N.Y.S. ENVIRONMENTAL QUALITY REVIEW ACT Appeal No. 2818 Application of: Herbert W. Davids Location of Property in Question: Seawood Acres Subd. Lots 25, 26 and 27, Southold. County Tax Map Item No. 1000- 79-7-64, 65, 66~. Project Proposed by Appeal APPlication: Area and width variance for three proposed parcel~.. ENVIRONMENTAL DECLARATION: Pursuant to Section 617.13 of the N.Y.S. Department. of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed herein is hereby classified as a Type II Action not having a significant adverse effect upon the environment for the following reason(s): An Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. The property in question is not located within 300 feet of tidal wetlands. This declaration should not be considered a determination made for any other department or agency which may also be involved, nor for any other project not covered by the subject appeal appli- cation. Dated: April 23, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Posted on Town Clerk Bulletin Board. O JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L. I., N. Y. 11971 April 22, 1981 To: Southold Town Zoning Board of Appeals From' Judith T. Terry, Town Clerk ~~.~ Transmitted herewith is Zoning Appeal No. 2818 application of Herbert W. Davids for a variance. Also included are notification to adjoining property owners, notice of disapproval from the building inspector, short environmental assessment form, and wetland questionnaire. JTT/bn Enclosures Town Clerk EAF i.t is assumed ,I SHORT ENVIRONk~ENTAL ASSESSt.4ENT IN$1RUCIION$: -'-----{a) I~' Order to answer the questions in this short that 'the preparer v~ill use. currently available information concerning 'the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and o completed Environmental Assessment Form is necessary. (c) If all ques.tions have been answered No it is iii<ely .tho.t this project is not significant. . . .'.- (d) E'nvi'ronmental Assessment .. -i. 'Will project resu"l~"'in a large physical change .to the project' site or physically alter more ' .than 10 acres of: land?.' ...................... Yes 2. Will there 'be a major change to any unique or -unusual land form found on .the site? .........., _ Yes.~FN°· 3. Will projec.t al.ter or have a large" effect' on existing body of water? Yes W '4.. Will projec.t have o potenfially large impact , on groundwater quality? .......................: Yes: 5. Will project significantly effect drainage flay/ on adjacent sites? .............. ~ .........: : Yes., ~' ~N°- ~. Will project affect any threatened or Yes W4 No ' d ge dpl nt 1 p i ? en an re O or onima s ec es ...... · . . - 7. Will project result in o rna jar adverse effedl on air quality? .............. ' .................: _ ~ Yes %F No 8. Will project have a major effect on visual character of the community or scenic views or. vistas known to'be important to the community?._ .' Yes~/: .N° ~. Will projec.t adversely ~mpact any site or structure of historic, prehistoric or .. paleontological importance or any site iticol environmental area designated os a c~ .Yes. No by o local agency ........... ~'.:~..-:-~-.v.--.-:-."~..-: .... 10. Will project have a major effect on existing or future recreational opportunities? ......... . _. Yes:~F~" :N° "11. Will project result in .major .traffic problems .. or. cause a major effect to existing ~'N .transportation systems? ........................ , . Yes: o 12. Will project .regularly cause objectionable odors, noise, glare, vibration, or electrical. disturbance as a result of .the project's operation? ......... ' ........... Yes ~No 13. Will 'Pr'ojecf have any impact on public health or .safely? ..................................... _ Yes. ,N° 14. Will projec.t affect the existing community by directly causing o growlh in permanent ' population of more than 5 percen.t over a one year period or have o major negative effect on the charo'cf~er of the community or neighborhood? ................................. 15. Is there PREPARER'S SIGNA~L~E ~ REPRESE¥4TING ~J'~-(~'~ %,~, ~~, ~S. DATE ~''~-~-'~ Yes/ No public controversy concerning .the ................... . ................ __ Yes W'No FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ Date ../~f/(..r.&-. ................. o~o~ ,19 O~'/ ..... To ~..Aff...~...~....~.:..~..O..~..'.c~..t.~.t ~---~' /~z~-,~,T' ~tr.. .... .......... z,. PLEASE TAKE NOTICE that your application dated .. ~. ~'..~....~..'~.. .......,19..~./'.. for permit to oomem~ .~.~.'t rJ.~. .... ~.~.~ ............................... at Location of Prope~y . ~7 ~ ....... ~~ ~ ~J.~ ~1 ........ House No. ' ~'t~et ....... ~/e~ County T~ Map No. 1000 Section .. Q ~.~ ...... Block .... ~ ~ ...... Lo~(.~v.q~. Subdivision~~OV. , Fned Map No. ~ .~Y~7 ...... Lot No ......... is returned herewith and disapproved on the follow~g grounds. ~0~ ............. Building Inspector RV 1/80 (Today' s Date) To: Re: Southold Town Board of Appeals Main .Road Southold, NY 11971 Appeal Application of ~ Location of Property: %~J/S Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property in the within appeal application: (please check one box) [ ] May be located within 300 feet of'tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at'least 100 feet in length.* [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. £ ] May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. Is not located within 300 feet of tidal wetlands to the best of.my knowledge.* [Starred items(*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, OTOWN OF $OUTHOLD, NEW YOR~ APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~, ~;;/~' , . ,A .. t~<~h,'f. I~. l~.,As . ~, ..~.~.~...~...,.~....~...-...., ................. 1, (We) ......................................................... ' .............. , Name of Appellant Street and Number ......... ~..~.~..~J~....~...!..~..."~'.~... .................................. i. ..... -.~../.:.~.:...L/..~.~....~J-I~REBY APPEAL TO ..~ Municipality . State . THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..... ..~....'...?..~'.....~......~..L ....... i ........... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) of // ~ ~loqze of~.A_pplic~nt for permiJ~.. ~ ~ ............ .'~. · ..~ .~i~....~.K/L ! ................ f..~..,~ .............. ........ (~...~..~.. ......... /.i~ ............ / Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE-PROPERTY Street Use District on Zoning Map Mop No. Lot No. 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.) 3 3. TYPE OF APPEAL Appeal is made herewith for ( I~ A VARIANCE to the Zoning Ordinance or Zoning Map ~ ( ) 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 ~ (has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for a variance and was mode in Appeal No ................................. Dated ...................................................................... ( ) ( ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that ~. ~r ~,, ~. ~ Zsl (Continue on other side) REASON FOR APPEAL O Continued O 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- soryHARDSHIPbecouse ~k""'f' ~'~1~.- ~1~. ~"~1~.,.. ~.~e~ ~ ~ 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and il J:his use district because O~ ~,C ~' /~,1 O~- ~'d~9~. ~. .,, ,,,..... ~ ~(soo ~,~) ~~ ~ I~ ~ .~c~: 3. The Variance would observe the spirit of the Ordinance ahd WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because '~'~., C~ ~4~- ~r,~C.e ~, ~ ~ STATE OF NEW YORK ) ) ss COUNTY OF ~'L/~-~(~/,/ZZ) Sworn to this ...... '~ doy o{. 1 ELIZABETH ANN NEVILLE H~AR¥ PUBLIC, Stats 6f New York $2-8125850, Suffolk County l~m E~pire~ Marr~ 30, BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter of the Petition of : to the Board of Appeals of the Town of South01d : YOU ARE HEREBY GIVEN NOTICE: 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) ( .... (the following relief: ' ~ :~ 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 3. That the property which is the subject of such Petition is located in the following zoning district: ~ 4. That~,by iuch Petition,~ ~, ~' ~'~the undersig.nedl · ~' :~will requests. ~/~) ~ te ~,~. ~ ~the following relief: 5. That the provisions~of the Southold Town Zoning C_ode applicable to the relief sought by the under- signed are: ~ I~ _~-. '~ ~ / C~ -~ -'" / 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. 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. L~ ~ Post Office A~Jdress PROOF OF MAILING OF NOTICE NAME ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: of ~ ,19 _~'./ , deponent mailed a tree copy of the NotiCe set fOrth'on the re- verse side,hereof, directed td each of'th~ above.named persons at the addresses set opposite their re~t~ective name~; that the addresses set opposite the names of s~id persons are the addresses of said persons as shown on the curLe~reassessment roll Gl.the Tow.~ of Southold;:that saidJ~eeit-e~were mailed at~me~tates Post Of- fice at ~ ~t ~' ~n, · I el_ I' ~1~ H' r;th~ Notes were mailec~o each of sai~ persons by (certified) ~mMl~l~ mail. Sworn to~efore~ne ~his dayof /~1~, t [ ,19 (] Notary Pu-~lic ELIZABEi'H ANN NEVILLE NOTARY PUBLI0, ~tate of New York No, ~-8125850, Suffolk County T~m I~ires March 30, 19. ..... CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD IE USED IY LAWYERS ONLY THIS INDENTURE, ma,~,, ,,"~e ~. day of August ,,,~eteen'hundred and sixty-seven BETWEEN DURAN ALLEN CONROY and SARAH ANN CONROY, his wife, both residing at 40 Locust Avenue, Larchmont, New York, party of the first part, and HERBERT W. DAVIDS and residing at 23 Melene PAULA OEHRLE DAVIDS, his wife, both Avenue, Riverhead, New York, party of the second part, WITNF.~$ETH, that the party of the first part, in' consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that. certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being flgl~ at Southold, in the Town of Southold, County 'of 'Suffolk and State of New York, known and designated as and by the Lot numbers 25, 26 and 27, inclusive, on a certain map ·entitled, "Map of Seawood Acres, Section One", and filed in the Office of the Clerk of the County of Suffolk on June 26th, 1956, as Map ~2575. Sarah Ann Conroy, 'one of the grantors herein, states that she has been known by no other name for the ten years last past. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines there:of; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anytl~ing whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of thc cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and ye?.r first above written. IN PRESENCE OF: Sarah Ann Conroy /:'~,'~ STATE OF NEW .YOR~ COUN~ OF ~ /," ,.,-, - .- ~'~. SS: / On the .l~'~- day of August 1967 , before me personally came Sarah Ann Conroy to me known to bt' the individual described in and who executed the fort. going instrument, and acknowledged that she executed the same. / "nd/. ' On the *-~ -d~y of August 1967 , before me personally' came Duran Allen Conroy to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. Notary .Public No. ~0.89B3100 STAT~ OF NEW YO~. ~OUN~ DP ~' On the .. day of. .~.!. 19 Notary Public Public, ~1~ ol t~,.. :... No. Oualified in Westch~,~ C.. ,,.h /~ SS: , before me STATE OF NEW YORK. COUN~ OF On the day of 19 SS: , before me personally came to ,ne known, who, being by me ~iuly sworn, did depose and say that he resides at Nm' :,: i ' ; that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal a~xed to said instrument is such corporate seal; that it was so ;~xed by order of the board of directors of said corpora- ti~n, and that he signed h name thereto by like order. personally came "- the subscribing witn~s.s 'th the foregoing instrument, with whom I am pers0naiJ.y', acquainted, who, being by me duly sworn, did depose and.say that he resides at bio. ; that he knows to be the individual described in and who executed the foregoing instrument;. that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. .!Bargain anll ale lleeil ~'TH COVENANT .~GAINST~NTOR'S Acrs Duran Allen Conroy and Sarah Ann Co~oy, his wife Herbert W. Davids and Pauls Oehrle Davids, his wife ST~OARO FORM OF N~ YORK BOARD ~ TIRE UNO,WRITeS Distributed by . HO~IE TITLE DI]/ISION CHICAGO TI~qLE INSURANCE COMPANY SECTION BLOCK LOT ' COUNTY OR 'rOWN of Southold Recorded at Request of Ho,~i£ T~ D~VIS(ON ' "'-'.'" CHICAGO TITLE INSURANCE COMPANY . . . .Return by Mail to Stanley S. Corwin, Esq. 114 Main Street Greenport, New York 11944 .y RECORDEI SEP.11 lOOT 12_Ol ffl ~ORM,tiN E. KLIPP Clerk 0f Suffolk Counl~, Southold Town Boa~ of Appeals ~ecember 17, 1981 PUBLIC RE-HEARING: Appeal No. 2818. Application of Herbert W. Davids, by Stanley S. Corwin, Esq., 634 First Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 Bulk Schedule, for approval of insufficient area and width of parcels proposed to be.re-separated. Description of Property: Lots 25, 26 and 27 of Seawood Acres Subdivision, Filed Map 2575; bounded north and west by Reese; south by McDermott; east by Seawood Drive. County Tax Map Parcels No. 1000-79-7-64, 65 and 66. The Chairman opened the hearing at approximately 9:'00 p.m. and read the legal notice of hearing. MR. CHAIRMAN: Your turn has come~ Mr. Corwin. STANLEY S. CORWIN, ESQ.: Well, gentlemen, as you know my client is disenchanted with your adverse determination. He took us into court, which puts me in a position where ordinarily since you're somebody else's client, I couldn't talk to you, but Mr. Yakaboski said I could come down here and talk to you tonight. So that's what I'm here for. We were exploring the possibility Of working something out, and during the course of numerous conversations, Mr. Davids agrees that we would modify the application and just spin one lot off. And we propose to do that by stipulation, and have it enforced by a moderat~'C0urt but Mr. Yakaboski seems to feel that the Board will have the power to'it that way. I don't quite agree with him on that, but that's all beside the point. In any event now, coming back here as though this were strickly a re-hearing on the original application and projecting the lawsuit for the moment, what we are proposing to do now is to spin one lot off. And as you know from our earlier hearing, the dwelling is situated on the middle lot, .and we'd like for the board to give us an option about which lot went with the house because it doesn't make any difference. If somebody came along and wanted to buy one, we just assume sell them the north lot separately and us the south lot. If that's too much for the board, assuming that it's inclined to go along with this modifica- tion and you want me to be specific, about it, Why we would want to keep the southerly lot separate. That's a lot that's 100 by 125 feet, contains 12,500 square feet. The northerly lot contains maybe another 300 square feet, but the'contours of the land are such that by itself it is not as attractive as Lot #27. ~ We hope that the board will be persuaded to accept this modified proposal and grant the application iD that form. I don,t know whether Mr. Yakaboski has indicated to you what the status of the litigation is at present. It now stands adjourned until the 22nd of December. MR~ CHAIRMAN: Well, I know we're suPposed to come up on the 1.7th and -- MR. CORWIN: It's over a week. Of course the board's here. Thank you very much. MR. CHAIRMAN: All right. Thank you very much for coming in, Mr. Corwin. I'll offer a resolution closing this and we'll discuss this a little later and come up ~ith a decision and close -- reserve decision at the moment rather. 180 ' 4. lA 6 2 6 3 (~) o ?0' s.l. lA(¢)~ 8 9 1.2A(c) 1.2A(c) 14,4 I. 0 A(c) 14~ 2.3A(c) 408 ' I-3A(c) 408 ' SEE SEC. NO. 080 15,,.I 16 14 0 536 ~ Is) 14 205' ! (4a 15 /2' 55 30.0 A(c) M ~:1'¢'~-- ~7 LI SEE SEC, NO. 088 IZ 16.0 A(c) 18.8 A(c) MATCH Z - L~ KEY MAP o 2o0 SCALE ~ FEET 40O (~ COUNTY OF SUFF( Real Property Tax Servic County Center Riverhead, L I., New Y '79 i ~NAUTHORIZED ALTERATION OR ADDlilO~ ro THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE ~4EW YORK SIATE EDUCATION LAW. COPIE~ OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INlaid) SEAL OR EMIIOSSED SEAL SHALL NOT ~ CONSIDEREI) .TO SE A VALID TRUE CO~Y. GUARANTEES INDICAI[D HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE ~URVE¥ MAI;' · TO THE ASSIGNEES OF THE LENDING .............. TUTION. GUARANTEES ARE NOT TRAN,~,FJ~A~ I'Q~d~I)ITIONAL INSTITUTIONS OR SU~EQUE~ 12,802 ? / i C~)NTOL.II2.;~ i:r~OM.,SIJF'~, CC.. L.'.P. . ~E~,,~L __L OG__AT!~.. MA_P TITLU~ NO, ,3-,,$99~7