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HomeMy WebLinkAbout2650 m Memo~du .... Southold Town Board of Appeals TOWN HALL, SOUTHOLD, N.Y. 11971 765-1809 To: From: Date: 5/24/82 Mr. I~=onard Pilzer, Esq. Linda Kowalski, Secretary Southold Town Board of Appeals Please find enc~a~d herewith copies of minutes pertaining to the application of Y & C Holding Corp. ' ' ' '* "-,~ ' 1/22/8'1 as r~st~ by 7~iqa~.:~ ),. ~ickh~, Esq. Your $2.00 check in payment of the photocopies is acknc~.~ le'/ged. If I may be of further assiatance, please do not hesitate to call. TOOKER AND SMITH ATTORNEYS AND COUNSELORS AT LAW 1380 ROANOKE AVENUE POST OFfice bo)~:{~ 839 F~IVERHEAD, NEW YORK ~19Ol May 21, 1982 Clerk Southold Town Zoning Board of Appeals Southold Town Hall Main Road Southold, New York 11971 Dear Madam: Re: December 1979 application of Y & C Holding Co. Pursuant to our telephone conversation this morning, I herewith enclose our check, drawn to the order of "Southold Town Clerk" in the amount of $2.00, in payment of your fee for copies of the minutes and decision on the above-referenced matter. Thank you for your kind attention to this matter. Very truly yours, ~~rd~Pil z~er ~~~ LP:JML Enclosure Southold Town Board of Appeals -24- January 22, 1981 Appeal No. 2650 - Y & C Holding Corp. WHEREAS, a public hearing was held on the matter of the application of Y & C Holding Corp. dated December 6, 1979, said public hearing having been held December 27, 1979 and recessed indefinitely without date pending further notification from applicant and its attorney; WHEREAS, this dated December 30, for the applicant withdrawn; Board acknowledges receipt of written request 1980 from Abigail A. Wickham, Esq., attorney herein, requesting that the application be is On motion by Mr. Goehringer, seconded by Mr. Douglass, it RESOLVED, that the matter of Y & C Holding Corp., Appeal No. 2650, be withdrawn. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer and Sawicki. WNEREAS, applicant has submitted an environmental assessment in the short form which indicates that no adverse effects were likely to ~ccur to the environment; NOW, THE'~FORE, IT IS RESOLVED, that in Appeal No. 2777, application of I~q~BERT AND DIANE GAZZA, for a Variance to the Zoning Ordinance, Art. I'~, Sec. 100-31, to construct attached garage with insufficien~ fronty~a,~d setback at 2850 Cedar Beach Road, Southold, this Board determine s~.that this project if implemented as planned herein is classified a~',,a Type II Action, not having a significant effect upon the environm~Qt; and pursuant to the N.Y.S. Environmental Quality Review Act (SEQRA),~Sections 617.13 and 617.5(a), and the Southold Tow~ Code, Section~,~-4, no further determination or proCe- dure is required by this depa~*,.ment in the SEQRA standards of process. [This declaration should not be'~q.onsidered a determination made for any other department or agency wh~h may also be involved, or any other project not covered by the wi'~x~n application.] . ' __ Vote of the Board: Ayes: Messrs."~Grigonis, Doyen, Douglass, Goehringer and Sawicki. WHEREAS, the property i qu stio does ppear to be located within 300 f~~nd~, and therefore '~.es not appear to require permits from the N.Y.S. Department of Envir'b~omental Conser- vation pursuant to Sections 661.4(~)(~ and 661.7 of~rticle 25 of the Environ~a~-~ ........... ~ WICKHAM, WICKHAM & BRESSLER, P.e. Southold Town Board of Appeals Main Road Southold, NY 11971 516- ~98-8353 December 30, 1980 ~: Appeal NO. 2650 - Y & C Holding Corp. Gentlemen: I no longer represent Y & C Holding Corp, and I have been advised that the property was sold several months ago. I therefore request that you withdraw the applicat~n. Thank you for your help in this matter. Very truly yours, Abigail A. Wickham AAW: ep APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, .IR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki Southold Town Board of Appeals MAIN RnAD- STATE RnAD 25 BrlUTHrlLD, L.I,, N.Y. 11CJ'71 TELEPHONE (§16) 765-1809 December 24, 1980 Abigail A. Wickham, Esq. Main Road, Box 1424 Mattituck, NY 11952 Re: Appeal No. 2650 - Y & C Holding Corp. Dear Gail: As you know on December 27, 1979 the Board of Appeals recessed the above-entitled matter without date, pending a settlement as to the appropriate location of the subject right-of-way. Please advise whether or not you wish to procee~ with this application, in order that we may proceed or close same. Sincerely yours, CHARLES GRIGONIS, JR. CHAIRMAN By Linda Kowalski, Secretary S°uthold Town Board -~I~IUTHI~LD, L. I., N. Y. APPEALS BOARD CHARLES GRIGONIS, JR,t Chairman SERGE DOYEN,JR. TERRY TUTHILL ROBERT J. DOUGLASS January 8, 1980 Abigail A. Wickham, Esq. Main Road, Box 1424 Mattituck, NY 11952 Re: Appeal No. 2650 - Y & C Holding Corp. Dear Gail: This is to confirm that the above-mentioned matter has been recessed without date until we have been advised further. Sincerely yours, Mrs. L.F. Kowalski Secretary Southold Town Board · ~ Appeals -5- December 27, 1979 PUBLIC HEARING: Appeal No. 2650. Application of Y & C HOLD- ING CORP, 142-17 38th Avenue, Flushing, New York (Abigail A. Wickham, Esq.) for a Variance for approval of access in accordance with Town Law Section 280A. Location of property: Right-of-way on the northerly side of County Road 27, Peconic; bounded north by L.I. Sound, west by Troyano and McGunnigle, south by McGunnigle and Ebeling, east by Wicks. The Acting Chairman opened the hearing at 7:54 P.M. by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the local and official newspapers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining property owners was given to: Mr. and Mrs. Ebeling, Mr. and Mrs. Peter J.J. Troyano, Mr. Thomas P. McGunnigle, Ms. Florence Wicks; fee paid $15.00. MR. DOUGLASS: I also have a section of the County Tax Map showing this piece of land and the surrounding properties. At this point, is there anything that you have, Abigail, to enter into this? ABIGAIL WICKHAM, ESQ.: Yes, Mr. Chairman. I, since the time that we filed the application, would like to bring your at- tention to a number of things that we have done. First, we did check with a contractor on building a road and went down to the property with him. We discussed a number of large trees that are on the boundary between the what's now the Wicks Farm and Ebeling's property, and I believe the southerly portion of the. McGunningle Farm, and in light of not only the cost of removing the trees to put a roadway there but the fact that you would be removing some beautiful old trees, my client would prefer to re-route the right-of-way slightly to the west of those trees along where the farmroad has always existed. Now, you may require us to get a survey showing that and we will undoubtedly from a legal point of view need a written agreement with Mr. Ebeling on that. So we are in the process, I discussed that with him on the phone and I am going to contact him further about that. I would at this point like to submit for your consideration, this is a copy of the deed from the Sledjeski's who originally owned this whole farm into Mr. and Mrs. Reichman, who own one of the lots. Now this is not the deed which creates that right-of-way but it does describe it as a 16-1/2-foot right-of-way, one in common with the farm to the east. I'm having someone in Riverhead at the County Center look up deeds for the creation of the roadway to establish to you that it is a legal right-of-way, that it appar- ently goes back quite a bit further than we thought, so we have not gotten the deeds yet. This does describe it. Now I indicated on here the present location of the right-of-way except for this portion down here near the Middle Road where we proposed to have it on Mr. Ebeling's property. So it would come along 15 feet here to the west of the trees and then swing over half and half on Mr. McGunnigle's farmland and half on the Wick's farmland, up to-- MR. Mc BRIDE: Mr. Chairman? 0 Southold Town Boar~ f Appeals -6- Decem~ 27, 1979 MR. DOUGLASS: Just a minute. You will have a turn, sir. MRS. WICKHAM: Up to the point-- MR. McBRIDE: Excuse me, I don't have an objection. I'd like to see what's being described. MR. DOUGLASS: Come on up. MRS. WICKHAM: Up to the point where we according to the deed swing west onto Mr. McGunnigle's farmland to the property itself. MR. McBRIDE: If I may identify myself, Mr. Chairman. MR. DOUGLASS: Yes. MR. McBRIDE: I'm Owen B. McBride, attorney for Florence A. Wicks. I'm here with their grandson, John Wicks IV. Now if I may, it's the first time I saw the legend on this survey, and I would like to examine it, Mr. Chairman, to see if this is suffi- cient for your purposes and identifying this as the right-of-way to be attached to the retained parcel which intended to be improved. There are no metes and bounds on the right-of-way, it's merely called a dirt road. MRS. WICKHAM: I believe I just indicated that we would be obtaining a survey. MR. DOUGLASS: They will be getting a survey. We have to have a survey. Did you discuss this with the County Farm Bank thing? MRS. WICKHAM: They purchased the development right-of-way and did not purchase the fee and the farmland, which is subject to the right-of-way according to the deeds. MR. DOUGLASS: In other words, they don't care where it goes? MRS. WICKHAM: Well, it would have to go according to where the deeds require it to go, but their purchase of the development rights would have to have been subject to this because it is of record. MR. McBRIDE: Excuse me, if I may comment on that, Mr. Chairman. I think that Mrs. Wickham made reference to a deed to a Mr. Reichman, and that deed is signed only by the grantor to the Sledjeski family. There is no commitment in that deed that the predecessor in ownership of the Wick property joined in that. MRS. WICKHAM: I indicated, through the Chairman, that the deed was not presented to prove the existence of the right-of-way, we are awaiting our title searcher to give us those deeds, and we are giving that to them merely to describe at least at this point. There's no question that we'll have to appear at another hearing at some later date. South61d Town Board Appeals -7- Decembel !7, 1979 MR. McBRIDE: I'd like at this point the record to show, Mr. Chairman, that we can show that the predecessor in title, Domeleski, who granted the property to Mr. Wick years ago never joined in in the 16-1/2-foot right-of-way. This right-of-way is a right-of-way by user, but Mr. Reichman and adjoining neighbor, Mr. Troyano, have had the right to use for years because of the existence of the right-of-way. There is nothing of record, and nothing legally establishing the 16-1/2-foot right-of-way other than that's physi- cally existing on the ground. MR. DOUGLASS: May I ask a question. Do either of your know- ledge, is this where Troyano and others are coming down, or are they coming down the next farm road? MRS. WICKHAM: They use both this road and this road. I spoke to Mr. Troyano and I know he does use this road. He also uses this road although he has no legal right to do so. MR. DOUGLASS: This one is impassable. Have you ridden up there? MRS. WICKHAM: About two or three weeks ago. MR. DOUGLASS: You don't want to go up there with a car that you care about. MRS. WICKHAM: Well, he mentioned his Cadillac has a few problems, but he does drive up and down there. MR. McBRIDE: Basically, Mr. Chairman-- MRS. WICKHAM: Well, of course, it would be subject to, as I have said, we have not -- MR. McBRIDE: Mrs. Wickham, is this that the used road, and I know a portion of it is very difficult down there, has never encroached upon the Wick's property except for two minor points on our side of the property. And we went to great expense, over $2,000 to have this completely surveyed and monumented. MRS. WICKHAM: Well, I would appreciate it if you would send me copies. MR. McBRIDE: Well, this was either 1973 or 1974, Mr. Troyano and Mr. Reichman wanted to establish just where it is and that it was their access to continue along the road we monumented, and we did remove two or three ties or posts because we did see that the traveled road as existed over here did encroach over those two or three places. It is certainly not as it is described in the deeds which I am well aware of, was there a 16-1/2-foot common right-of-way on the common border of that property ever legally established. THOMAS McGUNNIGLE: I'm McGunnigle. My brother and I, we own that. When we bought that from Chen who sold the development rights, we kind of went through this, too, and our deed shows that · Southold Town Board Appeals -8- Decembo27, 1979 that right-of-way is common to the property line, 8-1/2 on each side of the property line, and goes back to a probably that, sir, that you have. It also, in talking to Troyano and he says that the right-of-way always was and from Sledjeski and Domeleski, the original owners of the two parcels, that the lot road that they called the right-of-way eventually went right over the property line, split the property line right in half for the purpose of both farmers using one common road and not having two lot roads going through the same spot, and that they had this road estab- lished for years and years over this property line, and then not too many years ago, it was moved slightly our way. I think probably when you surveyed it or whatever, posts were put in and it made the cars go on one side or the other and they wound up on our side, but for gobbs of years it has gone right down the center of the right-of-way was the center of the property line, and now it would be terribly hard to find where that road is because people have gotten stuck in it and they go around puddles and all kinds of stuff, but I do believe that Troyano has used the road which was the center of the property line for years and years, and it was very recently that it might just touch the Wicks property, but I think prior to just a few years it was right down the middle, because Sledjeski and Domeleski set it up originally with that thought in mind. Because it was a common dirt road. STEVEN McGUNNIGLE: That's the way we bought the farm, with the understanding that the right-of-way was half and half, not on our side. MR. McBRIDE: I just responded to that. It's not quite so. That 16-foot right-of-way for if it did exist at one time alone the common boundary line was not for access to a public road to the rear of the property. It was for the common use of the two adjoining farms, and it is not the recent Mr. McGunnigle that the dirt road was, you know, pushed over. It was never pushed over because stakes were put in. It deeded when Mr. Wicks got the property, over 17 years ago and shows the dirt road on this side of the common property line, except for one or two encroacments on the Wicks' property. THOMAS McGUNNIGLE: I don't--, I wasn't around 17 years ago to argue that or whatever, it's just from what Mr. Troyano had said, that they used the road that was preexistent between Sled- jeski and Domeleski, which was naturally the purpose of it being a farm road, not an access road. And that's the one that they established the right-of-way on because it was already there. And it has been moved off of that for whatever reason, and a lot of it has moved to our side, and-- MR. McBRIDE: No, you made it appear as though it moved physically because of impediments put in, and that's not so at all. When Mr. Troyano had bought his property in '52, that dirt road was 95% of his whole length on this side of the common land. It wasn't physically moved because of-- ~-'. Southold Town Board~Appeals -9- Decembe ~7, 1979 THOMAS McGUNNIGLE: Well, the right-of-way would still be 16-1/2 feet even if the physical road were 8 feet this side, is that correct? He might have been using only the 8 feet on this side. MR. McBRIDE: Because it's never been established legally between them. MRS. WICKHAM: I think maybe that's the question we have, and perhaps we could sit down -- MR. DOUGLASS: Do you have anything in your deed? MR. McGUNNIGLE: Our deed has the right-of-way as the center of the property line. That's how we bought the farm. That's in our deeds. It reverts back to a survey, this might even be that, I don't have the survey with me, but our deed reverts back to a survey that should clearly define it with the bounds in the north- east by so much and all that stuff, clearly defines the right-of- way as the center of the property line. That's how it's in our deed. MR. DOUGLASS: The best thing for us to do is, then we will recess this until, will you have time between now and our next meeting in January, or-- MRS. WICKHAM: I think maybe we better not. MR. DOUGLASS: We could leave it as an open recess until you tell us when to put it back on the agenda. MRS. WICKHAM: I would like to say one other thing, if I might, it doesn't pertain to the existence to the right-of-way but as to the type of improvement in question. After speaking to someone about building a road, it was felt that rather than a two to three inch layer of bank run that a six-inch layer certainly would-- MR. DOUGLASS: Bank run isn't good. MRS. WICKHAM: I thought bank run was what you require? MR. DOUGLASS: Stone blend. THOMAS McGUNNIGLE: We will have to draft something as to what type of thing goes there too, because there's a natural flow of water that sheds off this farm, I believe, onto the Wicks farm through here, which is the natural flow of water and if you build that up six inches, we're going to have a lake. And that's farmland forever. And if you put something in there that's going to make a lake out of our ground and we can't permit that. So there has to be some form of flow through the road. MR. DOUGLASS: This is what you people should all get together Southold Town Boar~ Appeals -10- Decem~ 27, 1979 on, so as I say, we can recess this with no date until you come back and tell us when to put it on the agenda. We'll leave it open for a couple of hearings. If you find that you can come back before the January 17th hearing, if you have it resolved-- MR. DOYEN: You can't do that. SECRETARY: You would need an extra meeting adopting a resolution to set this up for hearing. MR. DOUGLASS: Yes. Well, we can set it on the 17th for the next meeting. You will have to let us know. SECRETARY: I would have to re-advertise it also. MRS. WICKHAM: You will have to re-advertise it, if you don't set a date? MR. DOUGLASS: Right. We will advertise all recesses that are without date. It's our policy. MRS. WICKHAM: Okay. MR. DOUGLASS: Thanks an awful lot. THOMAS McGUNNIGLE: You will notify us? MR. DOUGLASS: It will be advertised in the paper. MR. McGUNNIGLE: Just in the paper. MR. DOUGLASS: -I'll make a motion that we recess this hear- ing until we hear from the party involved so we may set a new date. On motion made by Mr. Douglass, seconded by Mr. Doyen, it was RESOLVED, that the matter of Y & C HOLDING. CORP. by Abigail A. Wickham, Esq., Appeal No. 2650 BE RECESSED without date until the applicant's representative advises further. Vote of the Board: Ayes: Messrs. Douglass, Doyen. Absent: Messr. Tuthill. Grigonis, and~ On motion made by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, to approve the minutes of the December 6, 1979 meeting of this Board. Vote of the Board: Ayes: Messrs. Douglass, Doyen. Absent: Messr. Tuthill. Grigonis, and The Appeals Boar~ Town of Southold Main RA, Southold, Gentlemen: Re: Y & G HolAing 75 Kenwoo~ HA Garden City, N.Y. 11530 Dec. 16,1979 Corp. Petition We recently receive~ a copy of the petition by ~ickham, Wickham & Bressler, attorneys for the Y&C Corp. seeking a variance for an access to its pr~erty on the L.I. Sound. We have a moral urge to recor~ our strong support for the Y&C petition. We also apeak for Mr. and Mrs. Heichman, our immediate neighbors to the West. Although we appreciate the high intent of the recent ordinance, it will inflict a gross injustice on the few households whe use or will use the easement from the North roa~ to the L.I. Sound. The requirements for the improvement of our access road must be Ju~geA totally impractical and extremely wasteful for the following reasons: l- It is felt ~he ordinance was inten~e~ for short private roads - not for an easemen~ running for 7/8 mi. and serving two active ~arms - one on each_.side, 2- We have resi~e~ on the Bluff each year for about 6 mos. for 23 yrs an~ have foun~ the road, except for occasionsl minor repair, always navigable. 3- We learne~ the cost of ~ompliance with the new restriction coul~ run into many thousands of dollars. 4- The new roa~, if comolete~, would be short-live~. The farmer~ heavy equipment(tractors, trucks, Aeep-treaded tires, etc) which is use~ in ~ry or wet weather woul~ ~estroy She roa~ in several month.s.. Since the farm is now committed to the farm preservation program, the road will be subjected to the ~estructive farm equipment permanently. 5- Late last Spring a fire depot official made a routine inspection and made no mention of any road ~ifficulty or inaccessib~ity. 6- Throughout our 2~ yrs of residency our home in emergencies has been accessible to several ~octors an~ once to the DeFriest ~- Please be remin~e~ that only three households could ever be affected by ~his variance. For the above reasons we sincerely add our plea before the Board to grant the variance to the ordinance of MarCh 22, 1978. PJT~ms Peconic A~dress Box 222 Peconic, N.Y. 11958 SDUTHOLD TOWN BOARD ~PPEALS 3- Ju~5, 1979 The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immedicate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that Victor and Marion Ales, Nassau Point Road, Cutchogue, New York, be GRANTED permission to divide property with insufficient area and width. Location of property: Meadow Lane, Cutchogue, New York, bounded on the north by Case; east by West Creek; south by New Suffolk Avenue; west by Meadow Lane, upon the following condition:r (1) Suffolk County Planning~Commission Approval Vote of the Board:~ Ayes: Messrs: Gillispie, Grigonis, Doyen and Tuthill. On motion by Mr. Tuthill, seconded by Mr. Doyen, it was RESOLVED that the minutes of the Southold Town Board of Appeals meeting of June 14, 1979, be accepted. Vote of the Board: Ayes: Messrs: Douglass, G~igonis, Doyen and Tuthill. ~ An informal discussion was held.with Ab%gail A. Wickham, Esq. for the right of way off the North Roa~ in Peconlc. The ~oard rod~ over the right-of-way when they,re out on inspections on June26, 1979. The Board advised Ms. Wickham that they needed the following informatlon:~ ~ (1) Documentation of the w~dth and actual location of the right-of- [,day. . (2) Whether or not the County has purchased the development lrights of the surrounding parcelS. (3) Whether or not the County will allow the rlght-of2way through there if they have the development rights. After securing this information, Ms. Wickham may apply formally to he Board for approval of the right-of-way. An infomual discussion was held with Richard F, Lark, Esq. con- ~ cerning the application of Bruce Norris on Love Lane and Sound Avenue in Mattituck. Southold Town Board of Appeals SOUTHOLD, L. I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR. SERGE DOYEN,JR. TERRY TUTHILL ROBERTJ. DOUGLASS, Act'ing Chairman TYPE II ACTION DESIGNATION NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT Pursuant to Section 617.13 of the New York State Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Town Law of the Town of Southold, Section 44-4B, the Southold Town Board of Appeals has determined that the following project is classified as a Type II Action not having a significant effect on the environment and will not require any other determination or procedure. DESCRIPTION OF PROJECT Appeal No. 2650. Application of Y & C HOLDING CORP., 142-17 38th Avenue, Flushing, NY, by Abigail A. Wickham, Esq. Location of Project: Right-of-way on the north side of County Road 27, Peconic. County Tax Map Item No. 1000-074-001-37.1. Permission Requested: Approval of Access, Town Law 280A. Documents on File: Appeal Application, Notice to Adjoining Neighbors, Affidavit Attesting to the Mailing of said Notice, surveys and/or sketches of the proposed project, Notice of Dis- approval from the Building Inspector, Legal Notice of Hearing, Environmental Assessment in the Short Form, Section of the County Tax ~ap showing the subject property, &other documents as may be requzred. Person to Contact for More Information: Mrs. Linda Kowalski, Secretary, Board of Appeals, Southold Town Hall, Main Road, Southold, New York 11971; tel. (516) 765-1809. Dated: December 10, 1979. I TOtVN OF SOUTHOLD SHORT ~NVIRONMENTAL ASSESSMENT IF~ PREPARER 'S REPRESENTING_ INSTRUCTIONS: to) In order to answer the questions in this short EAF it is assumed that the preparer will 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 a completed Environmental Assessment Form is necessary. (c) if all questions have been answered No it is likely that fhls project is not significant. (d) E~vi'ronmental Assessment ~. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? ........................ .. , .Yes. ~/No, 2. Will there be o major change to any unique or unusual land form Found on the site? .........., Yes b/No 3. Will pro~ect alter or hove o large effect on existing body of water? ....................... ¥$s, b/No 4. Will pro~ect have o potentially large impact on groundwater quality? ....................... ,Yes, ~o, ~. Will project significantly effect drainage flow on ~djacent sites? .............. ~ ........ .- Yes,, ~Np '~. Will pro~ect affect any threatened or endangered plant or animal species? ........... ,Yes. ~,No 7. Will project result in o major adverse effect Yes V No' on air quality? ............................... , 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 v No ~. Will project adversely impact any site o~ structure of historic, prehistoric or paleontological importance or any site designated os o critical environmental area by a local agency? ................ Yes ~ No 10. Will project have a major effect on existing or Future recreational opportunities? ......... Yes ~ No 11. Will project result in major traffic problems Or cause a major effect to existing transportation systems? ....................... Yes ~. No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturbance os o result oF the project's operation? .................................... Yes, ~ No 13. Will project have any impact on public health or safety? .................................... Yes U No 14. Will project a~Fect the existing community by directly causing o growth in permanent population of more than 5 percent over o one year period or have o major negative effect on the character of the community or neighborhood? ................................. __Yes ~ No 15. Is there public controversy concerning the ~ project? ......................................, Yes No . SIGNATURE_ . ~ ~:~ ~ DA~E NOTICE OF HEARINGS ~ to Ton ~w S~, ~267 a~d ~s~ns of ~ BuH~g ~ne ~ of ~old To~, N~ York, ~blic He~gs ~1 be held by the ~ of Ap~s, To~ ~ ~ad, ~uthold, York, ~s~y, ~em~r 27,' 1979 on ~e 7:~ P.M. ApDlic~ion ~ Y · C HO~G CO~.. 142-17 3~ Avenuet ~ush~n. New Esq.) fo~ a Variance fo~ app~v~ of ~ss ~ ~- ~ce ~ Town ~w S~n ~A. ~ation of ~y: d~t~f-way on the ~1~/ side of County Roa~ 27,~ Pe~nic; ~unded no~h by L.I. ~und, west by T~y~o ~d M~unni~le, ~uth by ~un- ~gle and Ebeling, e~ by Wicks. 8:~ P.M. Applicat~n GUNTER MORCHEL, Ma~ Ro~, MaRituck, New York for a Variance to the Zoning ~, A~icle ~1, S~ion 1~-32 ~r pc~ission to ~n- ~ru~ fen~ over ~ur f~ high i~ front yard. Location of property: Nassau Point mended Map A, Map ~1~, Lo~s 18 and part of 17; ~ded no~h bY Old Men- ~/hadcn Road, e~ by Pe~nic Bay, ~uth by C~e, we~ Nassau Point ~ad. 8d0 P.M. A~lica~on of G~R MOR~L, M~ Road, ~uck, New York a Variance to the Zoning ~, A~cle ~, S~ion 1~-35 ~ ~ission m ~n- struct ~cnce (accessory) ~nt y~d. ~t~n of p~ p~y: N~sau Po~t ~ded Map A, Map ~1~, ~s 18 pa~ of 17; ~d~ no~h by Old M~en ~, e~t by Pe~nic Bay, ~u~ by C~, we~ by N~sau ~t Road. 8:~ P.M. Application of JAMES REALE (by Peter Stoutenb~), Sk~k Cutchogue, New York for a V~ to ~e ~n~g ~- 32 ~r ~ssion m accessory building y~d. ~tion of p~y: = N~w York; ~ded P~em~ ~d ~r&s, e~ by COUNTY Of: SUFFOLK STATE OF NE'W YORK Potricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-W^TCHMAN, a public newspaper printed at C-,outhold, in Suffolk County; :nd that the notice of which the annexed is a printed copy, ~Qs been published in said Long,Island Traveler-Watch- man once each week for ......................................../ weeks mccessively, commencing on the ../~.. ................................. Sworn to before me this ...................... day o, Notary Public Kaller, south by Skunk Lane, west by Petrucci. 8:40 P.M. Applic~tion of CHARLES BOCI~ET (by Pet- al'' bu~), 72 Fourth NOTICE OF HEARINGg Pursuant to T~o~vn Law Sec- tion 267 and Provisions of the Amended Building Zone Or- dinanea of Southold Town, New York, Public_ Hearings will be held by the Zoning Beard of Appeals, Town Hall, Main Road, Southold, New York, Thursday, December 27, 1979 on the following: 7:50 P.M. Annlieation C HOLDING CORP,, 142-17 asm Avenue. Flnshinff York (Abigail A. ~ickhnm ESq,) gor a Varmnce own taw Section 2~0A. Location of property: right-of- way on the northerly side of County Road 27, Peconic; bounded north by L.I. Sound, west by Troyano and McGun- nigle, south by McGunnigle and Ebeling, east by Wicks. 8:00 P.M. AppliCation of GUNTER MORCHEL, Main Read, Mattituck, New York for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to con- struct fence over four feet high in front yard. Location of property: Nassau Point Amended Map A, Map //156, Lots 18 and part of 17; bound- ed north by Old Meni~aden Road, east by Peconic Bay, south by Case, west by Nassau Point Road. 8:10 P.M; Application of GUNTER MORCHEL, Main Road, Mattituck, New York for a Variance to the Zoning Ordinance, Article III, Section 100-35 for permission to con- struct fence (accessory) in front yard. Location of proper- ty: Nassau Point Amended Map A, Map//156, Lots 18 and part of 17; bounded north by Old Menhaden Road, east by Peconic Bay, south by Case, west by Nassau Point Road. 8:25 P.M. Application of JAMES BEALE (by Peter Stoutenburgh), Skunk Lane, Cutchogue, New York for a Variance to the Zoning Ordin- ance, Article III, Section 100- 32 for permission to construct accessory building in side yard. Location of property: 7~5 Skunk Lane, Cutchogue, Now York; bounded nort~ by Frieman and Cordes, east by COUNTY OF SUFFOLK, ] STATE OF NEW YORK, ~ ss: J JO~,N ¥~STAVSON being duly Sworn, sw/s that .S.~.~ .... is P~inter and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published ~'t Greenport, in said county: and t/tat the notice, of which the mmexed is u printed copy, has been published in the said Suffolk Weekly Times once in each week, for . .~ ...................... weeks successively commencing on the . .t.h.i..~.t.e.~.t..h ............ day of .D.e.c.e..m?.e..r ............ 19. Sworn to belo~o me tb~s .../.3. ...... day of ,/~-r_,./~-~..~t,~;~g~... 19.., i..i...iii ............... ×.... ......... NOTICE OF HEARINGS Pursuant to Town Law Section 267 and Provisions of the Amended Building Zone Ordinance of Southold Town, New York, Public Hearings will be held by the Zoning Board of Appeals, Town Hall, Main Road, Southold, New York, Thursday, December 27, 1979 on the following: 7:50 P.M. Appli~t~_o_~f Y & C HOLDING CORP.~ 142-17 38th Avenue, Flushing, New York (Abigail A. Wickham, Esq.) for a Variance for approval of access in accordance with Town Law Section 280A. Location of property: right-of-way on the northerly side of County Road 27, bounded north by L.I. Sound, west by Troyano and McGunnigle, south by McGunnigle and Ebeling, east by Wicks. 8:00 P.M. Application of GUNTER MORCHEL, Main Road, Mattituck, New York for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct fence over four feet high in front yard. Location of property: Nassau Point Amended Map A, Map ~156, Lots 18 and part of 17; bounded north by Old Menhaden Road, east by Peconic Bay, south by Case, west by Nassau Point Road. 8:10 P.M. Application of GUNTER MORCHEL, Main Road, Mattituck, New York for a Variance to the Zoning Ordinance, Article III, Section 100-35 for permission to construct fence (accessory) in front yard. Location of property: Nassau Point Amended Map A, Map 9156, Lots 18 and part of 17; bounded north by Old Menhaden Road, east by Peconic Bay, south by Case, west by Nassau Point Road. 8:25 P.M. Skunk Lane, Ordinance, Article III, Section 100-32 struct accessory building in side yard. 7845 Skunk Lane, Application of JAMES REALE (by Peter Stoutenburgh), Cutchogue, New York for a Variance to the Zoning for permission to con- Location of property: Cutchogue, New York; bounded north by Frieman Legal Notice of Hearings -2- Southold Town lBDard of Appeals December 27, 1979 meeting and Cordes, east by Kaller, south by Skunk Lane, west by Petrucci. 8:40 P.M. Application of CHARLES BOCKLET (by Peter Stoutenburgh) 72 Fourth Street, Garden City, New York, for a Special Exception to.the Zon~Dg Ordinance for permission to establish second d~, Article III, Section 100-30A. Location of property: Robinson Lane, Peconic, New York; bounded north by Suskevich, east by Wood, south by Hog Neck Bay, west by Robinson Lane. 8:55 P.M. Application of JOHN R. DEMPSEY (North Fork Equities, Inc. for Diane Gazza , North Road, Southold, New York for a Variance to the Zoning Ordinance, Article III, Section 100-30 for permission to obtain Certificate of Occupancy with insuffi- cient frontyard setback. Location of property: Cedar Beach Road, Southold, New York, known and designated as part of Lots No. 21, 22, 23, and 24 on Map No. 90 of Cedar Beach Park. 9:10 P.M. Application of STEPHEN J. PERRICONE and PENELOPE KOUSOUROS, 7470 Sound Avenue, Mattituck, New York for a Variance to the Zoning Ordinance, Article VI, Section 100-60 for permission to establish a disco bar with dancing. Location of property: Sound Avenue, Mattituck, New York; bounded north by Sound Avenue, east by Sepko, south and west by Meglio. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Instructions for the Suffolk Times and Long Island Traveler Watchman for publication: Please publish once, December 13, 1979 and forward seven (7) ~ affidavits of publication to: Southold Town Board of Appeals, Main Road, Southold, New York 11971, on or before December 17, 1979. Copies mailed to: Abigail A. Wickham, Esq. for Y & C Holding Corp. Mr. Gunter Morchel, Main Road, Mattituck, NY 11952. Mr. Peter Stoutenburgh for James Reale and Charles Bocklet Mr. James Reale, Skunk Lane, Cutchogue, NY 11935. Mr. Charles Bocklet, 72 Fourth Street, Garden City, NY 11530. Mr. John R. Dempsey, North Fork Equities for Diane Gazza, Southold. Mr. Stephen J. Perricone & Ms. Penelope Kousouros, Mattituck. FOKM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................. Date ................. , 19. PLEASE TAKE NOTICE that your application datedL~/,'/~' ./~---~...'~. ............ , 19.?..~. for permit to c~~.~Z~at the premises locmed at ~..:.~......~.. ~.~,.~..~.z....~..~.~,. ............ y. r~,.r.~d herewi,h ~nd di~o~d o. ,he ,o"ow;.~ O~o.n~s :~.~.~...,g:.:'~'~ . ~.~.~ ~....~.~.~......~ :...~~ z: ......... ~.:~ ........................ ~ Z~.o. ....... z.g~ :' · ......................................... :~~~ ..... WICKHAM~ WICKHAM & BRESSLER, ~'.c. 516-298-8353 December 6, 1979 Board of Appeals Town Hall Main Road Southold, N.Y. 11971 Gentlemen: Enclosed is application in duplicate for variance, two copies of survey, and check to your order in the sum of $15.00. Please schedule this matter for your next hearing. Sincerely yours, Ab~ail A. Wickham Enclosures K JUDITH T. TERRY · TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 December 6, 1979 To: From; Southold Town Zoning Board of Appeals Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2650 application of Y&C Holding Corp. for a variance. Also included are notification to adjoining property owners as follows: Mr.& Mrs. John Ebeling, 30145 North Road, Peconic, N.Y. 11958 Mr.&Mrs. Peter J.J. Troyano, 75 Kenwood Road, Garden City, N.Y. 11530; Mr. Thomas P. McGunnigle, Middle road, Cutchogue, N.Y. 11935; Ms. Florence Wicks, Jericho Trunpike, Jericho, New York 11753. d~°~UTd~wtnh ~erT~rry ~ JTT/bn cc:file Eric./ TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO.~,~ ~-~) DATE ...]: .2../, .6, ,/, 7..9, .............. Name of Appellant Street and Number Flushing Municipality .... ~.:?..: ................ HEREBY APPEAL TO 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 ( ) ( ) (X) Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY APPROVAL OF ACCESS 1. LOCATION OF THE PROPERTY ..R~i~..Kg~.~q~..9~ .......................... ~]~i ........................ Street Use District on Zoning Mop Middle Rd., Peconic, N.Y. ..!g99..r...7~.r...~..~..~Z,.% ...................................... 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.) New York Town Law Section 280 (a) (3) 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map (X) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... x) ) ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ,s requested forthe reason that applicant needs approval of access to the parcel on Long Island Sound indicated as the "retained parcel" on the enclosed survey by Young & Young dated December 8, 1978. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the property is located approximately 4,000 feet North of Middle Rd. (County Rt. 27), the nearest public highway, with access over a right-of-way is 16-1/2 feet in width along the north easterly boundary of the farmland to the South. It would cost approximately $40,000 or $10.00 per foot to improve the road to a width of 15 feet in accordance with the requirements of the Zoning Board of Appeals' Resolution dated March 22, 1979. The current fair market value of the lot, if approved access were available, would be approximately $36,000 to $40,000. Therefore, the cost of improving the roadway to meet standard Board of Appeals requirements is at least as high as the value of the lot. There are two lots on the Sound to the West of the subject property which are each improved with residences. Both residences are pre-existing with legal access over the same farm road right-of-way which is the subject of this application. Since these properties are entitled to use the roadway as it now exists, it would be unfair to require the applicant to install an expensive road for one additional lot. Applicant would not be legally entitled to charge the other lots for the cost of the roadway improvements. The leading New York case on this matter is Brous v. Smith, 304 NY 164, 106 NE 2d 503 (1952). The Court of Appeals stated in dicta:,, Situations may, of course, arise where compliance with the requirement would occasion unnecessary hardship. Such may be the (see attached Rider) 2. The hardship created is UNIQUE and is not shored by oil properties alike in the immediate vicinity of this property and in this use district because of the extreme length of the right-of-way and the fact that the cost of the road exceeds the value of the single lot. No improved roads will be built upon the farmland to the South due to the sale of development rights to the County, prohibiting development of the farm. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the proposed road would be a considerable improvement to the existing road bed now servicing the two lots to the West of the property. STATE OF NEW YORK ) ) COUNTY OF NEW YORK ) / / S'g ature ~ Sworn to this ............ ~;b ............................ day of ........ D.~¢.e. mb.e~, ............................... 19 79 ~ry Public DO~ROTHY H'E'NDERSO'N NOTARY PUBLIC, Sfefe of New 'No. 30-6848100 RIDER Cont'd. - Practical Difficulties case, for example, where the owner of a small plot of land desires merely to construct a dwelling for his own personal use, and the improvement of a road will be an expense far out of proportion to the cost of the building. However, as indicated, section 280-a itself provides the means for relaxing the requirement. In cases of "practical difficulty" or "unnecessary hardship" ... the board of appeals is empowered to make a "reasonable exception" in favor of the owner." Rather than installing a roadway meeting the standard requirements, applicant requests that the Board approve a 15 foot right-of-way on the following conditions, which are intended to provide a surface sufficient for safe passage of emergency vehicles: 1. Road surfaces leveled and scraped down, and all ruts and holes filled with bankrun and gravel. 2. A 2 to 3 inch layer of bankrun applied. BOARD OF APPEALS, T(JWN OF SOUTHOLD In the Matter of the Petition of Y & c HOLDING CORP. to the Board of Appeals of the. Town of Southo]~ · Mr. & Mrs. John Ebeling TO: 30145 North Road, Peconic', N.Y. : NOTICE : Thomas P. McGunnigle : Middl~ Rd.,'Cutchogue N.Y. Florence Wicks Jericho Turnpike, Jericho, N.Y. Mr. & Mrs. Peter J.J. Troyano 75 Kenwood Rd., Garden City, N.Y. 11530 YOU ARE HEREBY GIVEN NOTICE: i. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) ). '2. That the property which is the subject of the Petition is located adjacent to .your property and is described as follows: 1.927 Acre parcel' on L.I. Sound, bounded North by L~. Sound~ East by Wicks; South by Ebeling, Middle Rd. (CR27) and McGunnigle, West by Troyano and McGu~nigle. 3. That the property which is the subject of such Petition is located inth~ following zoning district: A Residence and Agricultural 41 That by-such Petition, the undersigned will request the following relief: Approval 6f access p, ursuant to New'York Town Law Section 280A(3) 5.' That the proVisiohs of the Southold Town Zoning Code applicable to the relief sought by the undersigned are: 6. That within i-~ve days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Tox~ Clerk's Offide at Main Road, Southold, l~ew York and you may then and there examine the same during regular office hours. ?. 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 ~ate of such hearing in.the Suffolk Times and in the Long Island Traveler-Mat!ituck .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: 12/6/79 Y & C HOLDING CORP. By: ~ ' ~bigaiL/A. Wickhanb Attorney WICKHAM, WICKHAM & BRESSLER, P.C. Po~t Office Address: 142-17 38th Avenue Flushing, N.Y. NAME OF ^Ii I O ADDRESS Mr. & Mrs. John Ebeling 30145 North Road Peconic, N.y. 11958 Mr. &i Mrs. Peter J.J. Troyano 75 Kenwood Rd. Garden City, N.Y. 11530 Mr. Thomas P. McGunniqle Ms. Florence Wicks Middle Road Cutchogue, N.Y. 11935 Jericho Turnpike Jericho, New York 11753 STATE OF NEW YORK) COUNTY OF SUFFOLK) · ~lice' Burgon Aque~og~e, 'N~w York 6~h . day of December~''~ · residing at Mgeting House Creek 'Rd;, · being duly sworn, deposes and says that on t~e , · 19 79 ·deponenf mailed a true copy of the Notice set forth on the reverse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite 'the names of said persons are the addresses of s~id persons as shown on the current assessment roll of the Town of Southold; that said Notices w'ere mailed at the United States Post Office at Mattituck, New Ydrk ; that said Notices were mailed to each of said persons by (certified) iregistered) mail. Sv,'orn to before me this 6th day of December. , 19 79 Notary Public · Alice Burgon ~ DOROTHY ['[~E~DERSC~N ' NOTARY PUBLIC, State of New Yerk ~No. 30.6848]00 . ~ Quelified in Nasseu Coun~ ~ Comm;ss~on Expires M~rch ~0, I~ SEE SEC. NO. 075 SEE -Z -- [~"[ Z--- MATCH SUFFOLK COUNTY ~A~MI.A#O O£V£LOPO~Nr RmNrS ACOUlSI~IO# TAX MAP, DISTrICT I000 SEC~IO~ 7~ B~OC~ I ~OT. ~1 TOWNSHIP' ~OU~hOId S.a ~ 5ZOOMS' A~ ~ DEED: LIBER 7~24 P~GE 42~ OWNER, Y ~ C Ho/ding Corp. . 142-17 ZSfh. Avenue Flushing, New York TOTAL AREA AREA TO BE RETAINED BY OWNER AREA TO BE ACQUIRED WE TL ANDS WOODS CROPLAND PONDS OTHER 51.099 ACRES I, 927 ACRES 49~ 172 ACRES 1.0 t ACRES 0.2 _t ACRES 48, 0 t_ A ORES +- ACRES -~. ACRES SUFFOLK COUNTY PARCEL NO D-4 5000 now or formerly Peter ~L ~l ~ Margaret Troyono now or formerly Henry ~ Stello Reichmon now or formerly Maud Cabot Morgan , now or formerly Florence Wictrs b John ~' formerly 8FODi$/ow DomolesM A. Wlcl:s RT now or formor/y Stopan Ml~okyon, Osgon Kechian, John Ohonne$ Ounjion, Noik Apikoglu & Arort Paul formerly Clarence E Dillor Goxurion cropland AT SURVEY FOR COUNTY OF SUFFOLK O~PARTM£Nr O~ LAND MANageMeNT Poconlb TOWN OF Southo/d SUFFOLK COUNTY, NEW YORK SCALE IN IrEEF I "-'PO0' GUARANTEED TO: THE TITLE GUARANTEE CO. YOUNG G YOUNG, LAND SURVEYORS · ~00 OSTRANDER AVENUE RIVERHEAD, NEVI YORK ALDEN V~ YOUNG, NK$. t?~ a L.$ LIC NO. 12845 HOWARD ~ YOUNG, N~S L.S LIC NO. 45893 DATE: OO~ pC, lgy8 NO. yo-G24 PARCEL NO. D-4