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HomeMy WebLinkAbout3541 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11c:J71 TELEPHONE (516) 765-1~09 October 13, 1986 Mr. Peter Capone, President Rial Realty Corporation 20 Audrey Avenue Oyster Bay, NY 11771 Re: Appeal No. 35zJ~ Rial Realty Corp. (Variance) Dear Mr. Capone: Enclosed please find a copy of the official findings and determination recently rendered by the Board of Appeals and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for their authoriza-- tion of any new construction, or for other written documents as may be applicable. ~ If you have any questions, either our office (765-1809) or (765-1802). please do not hesitatu to call that of the building inspector Yours very truly, Enclosure Copy of Decision to: ~uild~ng ~epa~tment Jannlng uoara Suffolk County Planning Mrs. Sophia Greenfield GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary Commission Southold Town Board of Appeals I~AIN RI'lAD- -~TATE RI'tAD 2.5 BOLITHI3LD. L.I., N.Y. 11g71 TELEPHONE (516) 765-1809 ACTION 0F THE ZONING BOARD OF APPEALS Appeal No. 35~] Application Dated July 25, ]986 TO: Mr. Peter Capone, President Rial Realty Corporation 20 Audrey Avenue Oyster Bay, NY 11771 [Appellant (s) ] At a Meeting of the above on your the Zoning Board of Appeals held on 0ct0ber ]0, ]986, appeal was considered, and the action indicated below was taken [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variance to the Zoning Ordinance Article III, Section ]00-3], Bulk Schedule A-80 [ ] Request for Application of RIAL REALTY CORP. for Variances to the Zoning Ordinance Article III, Section 100-31, Bulk Schedule, for approval of insufficient lot width of three proposed parcels in this pending minor subdivision located at the northerly end of proposed right-of-way extending from the north side of Oregon Road, Mattituck, NY; County Tax Map Parcel No. 1000- 95-1-3. Containing 47.0520 acres total. WHEREAS, a public hearing was held and concluded on September ll, 1986 in the Matter of the Application of RIAL REALTY CORP. under Appeal No. 3551; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony necorded; and' WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: 1. The premises in question is a described parcel containing a total acreage of 47.0520, located along the (north)west side of Oregon Road, Mattituck, with a frontage (lot width) of 536.58 feet, and is more particularly shown on the Suffolk County Tax Maps as District 1000, Section 95, Block l, Lot 3. 2. The subject premises is improved at the most southerly end with a single-family 2½-story frame dwelling, and four acces- sory buildings located in the rear y~rd area. 3. By this application, appellant requests approval of the proposed insufficient lot width of Lots #1 and #2 of 150 feet and of Lot #3 of 163 feet. The proposed lots will contain a minimum lot area of 94,770 sq. ft., all as shown by minor subdivision map dated January 30, 1986, revised March 20, 1986, prepared by Peconic Surveyors and Engineers, P.C. DATED: October 10, 1986. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. Matter of RIAL REALTY CORP. Decision Rendered October 10, 1986 4. Article III, Section lO0-31, Bulk Schedule, Column "A-80" of the Zoning Code requires a minimum lot width of 175 feet. The percentage of relief requested in relation to this requirement is 15% for proposed Lots 1 and 2, and seven percent for proposed Lot #3. In considering this appeal, the board also finds and determines: (a) the character of the land and circumstances are unique; (b) the variance will not in turn cause a substantial effect of increased population density or be adverse to the safety, health, welfare, comfort, convenience and order of the town; (c) the practical difficulties are sufficient; (d) there will be no substantial detriment to adjoining properties; (e) the difficulty cannot be obviated by some method feasible for appel- lant to pursue other than a variance; (f) the relief requested is not substantial; (g) that in view of the above factors, the interests of justice will best be served by granting the variance, as noted below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Douglass, it was RESOLVED, that the relief requested under Appeal No. 3551 in the Matter of the Application of RIAL REALTY CORPORATION of insufficient lot width of l§O feet for Lots #3 and #2, and 163 feet for Lot #1, BE AND'HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. No disturbance of land within the 50-ft. distance shown along the 49.5' contour line of proposed Lot #1;. 2. The dimensions of the lots shall be as shown by minor subdivision map lastly revised July 21, 1986; no lot-line changes shall be permitted. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This reoslution was duly adopted. lk GERARD P. GOEH~NGER, ~G~AIRMAN -- -- October 13, 1986~ TO~¥N OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL · . . .t~X. . . . . . .~. . . .~. . . . ~ ..~. ... . t t s. .~_~,-'. . PLEASE TAKE NOTICE that your application dated .~. ~~. J. for permit to ~ -. -"~..~ ............................. at Location of Property . ..~'~ .~...~.$-'......(-NAMe...°1..~'d....~.d... .... . .Q~... ~.,~,j¢,...~: .~... House No. ! Street County Tax Map No. 1000 Section ..... .~.~ .~.~... Block ..... .~.l ...... Lot .. ~ .......... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds....O.~..~ .~[~...~..~q~....I.q~.7,,.l o Cb~.. :.~....~.. ~ .~.~o~,.~'~ ~ :. ~.~.....w~,~&.... ~...~.~..k~.'..o~... L). ~ ~...o~.. .'..' .~-.~ ...' ........ ;...'.~. ..... i... ..... '.2 .... Building Inspector RV 1/80 'JUI 2 5 ~WN OF SOUTHOLD, NEW YORK jl~llt~Jj~j~M DECISION OF BUILDING INSPECTOR APPEAL NO. DATE... ~ p_n..e....2..9. ,~ ...]...9..8..6.. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. (We) ..R.J J. t.z...g.°..r..P..°..??..t.J.°..n. ................... af ?..O... A..u..d..r..e.Z...A..v..e..n. u..e.. ........................................... Nome of Appellant Street and Number Oyster Bay, New York ............................ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..... .F..e..b.~u.a.~....]..0.?...~.9..8..6. ............... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Name of Applicant for permit of 5535 Oregon Road, Cutchogue~ New York 11935 Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY (X) Permit to Subdivide 1. LOCATION OF THE PROPERTY .5.5..3..5..~.~..r..e.~.9..n.~.`R.~..a..d.~..~.c..u..t..c.b.~.~.u..e.~....N..e.~.~.Y.q~L..~?.~.~ ........ Street Use District on Zoning Map .... ~J J J~ 99g:~':9'~':~ ................................................. Current Owner Rial Realty Corporation M.ap 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.) Article III, Section 100-31 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (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 for th~ r?son that 0~n~ ~hes to divide the property into four properties, each ]n excess at ~u,9~u sq ft Three will contain insufficient lot widths of 150 , 150 , and 16~ ~ ' form ~B! (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficul~es or unneces- sary HARDSHIP because the applicant's property contains more than the required square footage for three waterfront lots but the topography and narrow configuration of the farm at this point makes division into three waterfront lots with sufficient width impractical. This could be accomplished by slanting lot lines but would create oddly shaped lots and impractical road design. The owner prefers, from a financial and aesthetic point of view, to make maximum useage of the waterfront by creating three lots as described on the survey. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because the farm has more than adequate width (front footage along Oregon Road} but begins to narrow slightly as it approaches the northern end of the parcel. The width of the lots is limited by this farm width. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because all proposed parcels are substantially greater than the required 80,000 sq. ft. (approx. 93,500 sq. ft., 96,000 sq. ft., and 107,700 sq. ft.) providing ample buildable area and preserving green space. The remainder parcel shall be approx. 40 acres. This variance is harmonious with zoning in the area. The parcels are equal to or exceed lots in existing subdivisions in the area, both as to lot width and square footage. (Ref: Domaleski and Birch Hills in the immediate vicinity). STATE OF NEW YORK ) ) ss COUNTY OF ) Sworn to this ~2~L day f ~'~.~fff~ .......... 19 ~/~ "~ / Notary Public ' JAC(~U [L',N£ COHEN I~o. 4839694 ~ualitied in Suflo[k Coun~ ~ Commission ~pJres March ~e [~ eOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL hlO. DATE ...3..u..n.e.....2..9.:....1..9..8..6... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. (We) ..R..!~.!..,~.,~.~.]...tZ....c.°...r.~.,°...qa..t.J..on ................... o~ ,?O.....Au..d...r~Z...Ay?..n.u..~.. ........................................... Name of Appellant Street and Number Oyster Bay, New York ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..... ,F.e..b..r..u..a..r.~....1.,0.:....1..9..8..6. ............... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Nome of Applicant for permit of 5535 Oregon Road, Cutcho New York 11935 gue~ .... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY (X) Permit to Subdivide 1. LOCATION OF THE PROPERTY .~..~g~..~,...~R~Q~.[,...~..~....A~;~[E, ........ Street Use District on Zoning Map # 1000-95-01-3 ................................................................................. Current Owner Rial Realty Corporation 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.) Article III, Section 100-31 3. TYPE OF APPEAL Appeal is mode herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Laws Art. ]6 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 X) A Variance to the Zoning Ordinance ) ,s request, ed for th,e r.eason that Owner ~ishes to divide the property into four l~roper~es, each In ex~c~ss of 80.g00 sq ft. Three ~ill contain insufficient ~ot widths of ].50 , 15u , and 1E~ ~. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficul~es or unneces- sary HARDSHIP because the applicant's property contains more than the required square footage for three waterfront lots but the topography and narrow configuration of the farm at this point makes division into three waterfront lots with sufficient width impractical. This could be accomplished by slanting lot lines but would create oddly shaped lots and impractical road design. The owner prefers, from a financial and aesthetic point of view, to make maximum useage of the waterfront by creating three lots as described on the survey. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because the farm has more than adequate width (front footage along Oregon Road) but begins to narrow slightly as it approaches the northern end of the parcel. The width of the lots is limited by this farm width. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because all proposed parcels are substantially greater than the required 80,000 sq. ft. (approx. 93,500 sq. ft., 96,000 sq. ft., and 107,700 sq. ft.) providing ample buildable area and preserving green space. The remainder parcel shall be approx. 40 acres. This variance is harmonious with zoning in the area. The parcels are equal to or exceed lots in existing subdivisions in the area, both as to lot width and square footage. (Ref: Domaleski and Birch Hills in the immediate vicinity). STATE OF NEW YORK ) ss COUNTY OF Sworn to this ..~?...~..-~..-~... ............................. day of.../.~....~...~¢..=? ................................... 19 .... ...... .......... / j- y - NOTARY PUBLIC, State of New Yo~ × / No 4839694 Qualilied in Suffolk Co~Jnty Cummissbn Expires March 30, lg ~.~,~~' ,,,e N.¥.~m~Lnvironmental (~uaiity ltc(~w Act requires suu- mission of Ws form, and an envtronmeI~m~al review will be made by this board before any action is taken. ~-~',,' ~HORT ~NVIRO~4ENTAL ASS:,.~.,~.~ , . , ,. :~'..~, ,.: ~'"" (a) In order to answer the question~ In this short ~AF is is as~ed that prerarer w~ll u~e c:rrentl7 ava~labl~ ~o~t~on conce~n~ the proJact and the l~ely ~ct~ o~ the action. It ~ not e~ected that addit~onal other lnves:~gatlon~ w~ be ~dertakon, (c) If all questions have been answered No l: 13 like1- .~ ..... 1. WU1 project re~t in ~ 1aria phT~1cal to the proJec: mite or phT~lca117 alter moro Will there be a m~Jor change to any unique or W~l! project alter or Eave a large effect on an ex~stlng body of water? , , , , , , , . , WL!I project h~ve e potentially large lmpacr~ on ~o.~dwster quality? , , , , , , . · , · W~i pro~ec~ si~iflccntly'effect drainage Will project affect any t~eatened or endangered W~I project reset in a major adverse effect on W~i project have a ~mJor effect on v~suel Will project adversely ~pact any elto or stmc~ ute of historic, pre-hl=tor~c, or paliontologlc~l importance or any site decimated ae a criti:al envlro~en~l area by a local regency? . . . W~I project have a major effec~ on exi~C~g or Will project result in ~Jor traffic problems or Will project reg~arl7 cause objectionable OdOr:, noise, glare, vibration, or electrical dtatur~ Will project have an~ impact on public health or Will project Affect the existing co~untty bi directly causing a growth in permanent poptda- tion of more than ~ purcent over a on.year period er have a ~ator negative effect on tr.e charact~ of the 6, 7. 10. 11. 12. ):FP.=S::;TI:iC: _Rial Realt~ Corp. TITLS: President Ye~ X t;O '~J. Yes X No Yes X" No ,,¥,' Ye ~ X No Yea X Yes X' No Yes. X ,No Yes × No Ye s X No Yes ~X No ,. ,',, ; - Yes X No Yes X No Yes X No Yes X OAT,r: June 29, 1986 ,lun~, 29~ 1986 (Tod,~y,' s To: Southe!d To%~n Board of Appeals Main Road Southold, NY 11971 Appeal Application of _J{Ja] Realty Corporation Location of Property: -~nn Road, Cutch0,gue, New ¥0rk $.C. # 1000-95-01-3 " Dear Sirs: In reference to the New York State Tidal Wetlands Land-u.s-_ Regu]'ations, 6 NYCRR, Part 661, and Article 25 of the lie:.; York State. Environmental Conservation Law, please be ad'/ised that th subject property i,n the within appeal application: (please check cmo box) [ ] May be located ~ithin 300 feet of tidal wetlands; hc;.,ever, constructed alon~ the water-lyinr~ edse of this property is a bulkhead in very good condition and at least 100 feet in len~tk. ~ [ ] May b'e 'located %¢ihhin 300 feet of tidal wetlands; however, constructed along the water-lyin? edge of this property is a bulkhead in need of (minor) (major) reeairs, and appr~ximate!y feet in [ ] Ix] -[ ] not appear to May be located within 300 feet of tidal wetlands; ho;~ever, constructed along the of this property is a bulkhead water-lying edge in length, less than 100 feet May be located %;ithin 300 feet of tid~ wetlandg; and there is no bulkhead or ', ~-o - · ccn~_~ta wall e:~isfing on the premisem. r~OTE: If proposed project falls ~¢it'kin D.E.C. jurisdiction, approval must be received an~ submit~6d to our office before your application can be scheduled [or a public hearing. Is not located %~ithi~ 300 feet of tidal Wetlands to the best of my knowledge.* [~]tarred items (*) indicate your property does fall withi~ the jurisdiction of the N.Y.s' D.E.C.] Sincerely yours, ]~IAL I~I,;AL~rY COI~i'O]~ATION 20 AUDREY AVENUE OYSTER BAY, NEW YORK 11771 516/922-7022 Variance Application Rial Realty S.C. # 1000-95-01-3 Corporate Disclosure Rial Realty Corporation Peter Capone, President 20 Audrey Avenue Oyster Bay, New York 11771 Vincent Kelly, Treasurer 20 Audrey Avenue Oyster Bay, New York 11771 Southold Town Pl.~ing Board SoutholdTown Hall Main Street, Southold, N.Y. 11971 2~ March, f Gentlemens Please be advised that the officers of RIAL Realty Corporation &res Peter Capone~ Presid~nt Oyster ~ay~ ~ncent Kelly~ 5ecretary-~re~aurer Oyster Bay, N,~. ~jou require ~y further information regarding RIAL Realty Oorporation, please contact me. Sophia Greenfield, as agent ~. IN. PRESENCE OF COHSULT YOUR LAWY,R B,FOI! St~,FIIH~ THIi INSTIttJM,H' · T~IS ;HSTRUqI~I~I~I~I~I~I~I~I~NT S'HO'O'LD B~iE tjS,D iy LAWYKRS OHLYi THIS INDENTURE, made the lay of July , nineteen hundred and Eighty-five ~B~ ~Y~S L~., a N~ York co.ration wi~ offices c/o Wolsey, Ce~i~, Haft, ~ & Bal~, E~s., 71 Sou~ C~al AV~ue, Valley S~, N~ York, 11580, party of the first part, and ~- ~ ~ ~ ~., a N~ York ~ra~on ~&~ offices at 2~'A~ey Av~ue, Oyster Bay, New York 11771 party of the second part, WITNE$SETH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second pa% 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 improvement5 thereon erected, situate, lying and being~ at Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northwesterly side of Oregon Road where the same is intersected by the souf_hwesterly side of land now or formerly of Soundview Acres Co. Said point of beginning being distant sou~h 51 degrees 51 minutes, 00 seconds west, 77.35 feet as measured along the northwesterly side of Oregon Road frcm a highway angl~an which is located approximately 800 feet west of Alvah's Lane; running thence frclm said point or place of beginning, along the northwesterly side of Oregon Road, south 51 degrees 51 minutes 00 seconds west, 536.58 feet to land now or formerly of Rose H. Baer; running thence along said last mentioned land, the following: north 30 degrees 50 minutes 10 seconds west 85.60, feet; north 32 degrees 17 minutes 10 seconds west, 422.29 feet; north 32 degrees 09 minutes 00 seconds west 717.46 feet; north 32 degrees 30 minutes, 10 seconds west, 773.92 feet; north 31 degrees 32 minutes 00 seconds west, 831.70 feet and north 31 degrees 40 minutes, 40 seconds west feet to the high water line of Long Island Sound; running thence along said high water line of Long Island Sound, the tie line of which is north~ degrees minutes/t~ seconds east 451~-feet to land now or formerly of Soundview Acres Co. ~ running thence along said las~ n~_ntioned land, the following: south 32 degrees 48 minutes 10 seconds east /~_~.50 feet; south 33 degrees 14 minutes 50 seconds east 1471.00 feet and south 33 degrees 07 minutes 50 seconds east 1373.05 feet to the northwesterly side of Oregon Road at the point or place of BEGI~ING. SUB3EL~ to existing mortgages of record. TOGETHER with all right, title and interest, if any, of the party of the first part in and to an)' streets and roads abuttiug the above described premises to the center lines thereof; TOGETHER wltb the appurtenances and all the estate and rights of the party of the first part in and Io 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 thc party of the second part forever. AND the party of the first part covenants that the part), of the first part has not done or suffered au)'thlng ~*'hereby the said premises have been encumbered in any way *,,.'hate,,.er, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Lag', covenants that the part)' of Ibc first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fond to be applied first for the purpose of paying the cost of the improvement and wdl apply the same first to the payment of the cost of the improvement before using an)' part of the total of the same for an)' other purpose. The word "party" shall be con~troed as if it read "part'es' whenever the sense of this indentl:re so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the da)' and year first above writlen. ,~,~,,~,,~,,~,,~,,~ {[~. nEGLIV~Ep,~ :~ NOI~SE VINEYARDS LTD. JUL 15 19B$ --'Herman L.~?reid - Pi~sfd~ --_ TRANSFER TAX SUFFOLK COUNTY On the day of personally came SSi 19 , before me to hie knnwn t. be the individnal described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW~C)~K. COUNTY Of NASSAU ss: On the ~...--~'~"day''~J of July 19 85, before me ~'rsonally came ~ L. ~D to me known, who, being by me amy sworn, did de~se and ~y that he resides at No. 71-41 260~ S~t, Gi~ 0~s, N~ York ; that he is the Presi~t of ~ ~ L~. , the cor~ration described in and which executed ti~e foregoing instrument; that he ~ows the seal of ~id cor~ration; that the seal a~xed to ~id instrument is such corporate seal; that it was so a~xed by order of the ~ard of directors' of said corpora- tion, and that he s~-~me thereto~ke order. NOT~3~O'~&~,'St~e'~ ~ew York ;~o. ~67~829 ~al~ in~as~u Cou~ ~ ~ Bargain aah ale aeeb WITH COVENANT AGAINST GRANTOR'S ACTS TO STANOARD FORM OE NEW YORK BOARO OF TITLE UNDERWRITERS Distributed by CHICAGO TI~K~Bg INSURANCE COH PANY STATI O1~ NITRE,C:OUNTY OIl ~.5--'~/ SSI On the day of 19 , be(ore me personally came to me knowfi to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. 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 personally acquainted, who, being by me duly sworn, did &Dose 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 95 BLOCK LOT 3 COUNTY ~ of Suffolk. CHICAGO TITLE INSURANCE COMPANY Return by Mail m zip no. //7 7 / --4 rn 0-86-0360 ~-]Article 15, Title 5: Protection of Water [~Article 15, Title 15: Water Supply r-]Article 15, Title 15: Water Transport F-IArticle 15, Title '15: Long Island Wells [~Article 15, Title 27: Wild, Scenic and Recreational Rivers J~]6NYCRR 608: Water Quality Certification PERMIT Under the Envi,onmental Conservalion Law J--]Article 17, Titles 7, 8: SPDES . [~Article 19: Air Pollution Control ['-]Article 23, Title 27: Mined Land Reclamation r--]Article 24: Freshwater Wetlands [~Article 25: Tidal Wetlands N N--New, R--Renewal, M--Modification 7/1/86 12/31/87 r-]Article 27, Title 7: Solid Waste Management [-]Article 27, Title 9: Hazardous Waste Management [~^rticle 34: Coastal Erosion Management ["]Article 36: Floodplain Management [--]Articles 1. 3, 37; 6NYCRR 380: Radiation Control - C--Construction, O--Operation, (If Applicable) PERMITISSUEDTO Rial Realty Corp. ADDRESSOE PERMITTEE 20 Audrey Avenue, Oyster Bay, New York 11771 AGENT FOR PERMJTTEE/CONTACTPERSON j TELEPHONE NUMB£R The Land Use Company, North Country Road, Box 361 929-3575 ~~m~N3~ccf3fm~x~~ Project Site-On Long Island Sound, northsid~ f Or o R a ~R,~. ~.~ between lands n.o.f. Rose H. Baer and Soundview Acres, DE$CRIPTIONOFPROIECTIFACILI~ Subdivide a 47.05 acre lot into 4 lots each to be in excess of 2 acres. Subdivision is to be in accordance with plan on survey by John T; Metzgar with latest revised date of 6/20/86 showing building setback lin~ 100' landward of "Top Bluff" on lots 3 and 2 (the portion that parallels Long Island Sound on Lot 2) and 50' setback shown on Lot 1. GENERAL CONDITIONS By acceptance of this permit, the permitlee agrees that the permit is contingent upon strict compliance with the ECL, aU applicable regulations and the conditions specitied herein or attached hereto. . The permittee shel~ file in the office of the appropriate ,eglonal permit administrator, or other office designated in the special tend t ohs, a notice of intention to commence work at )east 48 hours in advance of the time of commencement and shall also notify him/her promptly in writing of the completion of the work. 2. The permitied work shall be subject to inspection by an authorized representative of the Department of Environmental Conservation which may o~der the work suspended if the public in~erest so ,equires. Any modification ~( this permit grAn]_edci~.~el~[e~a~me~te.r~I~'~a~ting and attached hereto. PERMIT ISSUANCE DATE P[~RMIT ADMINISTRATOR J ADDRESS Bldg. 40, 7/1/86 ,_..aries T. Hamilton I Stony Brook N.y.SUNY'll7~4 Room 2 19 cc. D. Fa±ion Page 1 of 3 if, in the opinion of the Department of I~nvironmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety o~' welfare of the people of the State, or cause loss or destruction of the natural resources of the State. the owner may be ordered by the Department to thereby without expense to the State, and if, upon the expiration or modification of the watercourse hereby authorized shall not be com- pleted, the owners, shall, without expense to the State, and to such and flood capacity of the watercourse No claim shall be made against 11. That the State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the 12. That if the display of lights and signals on any work hereby authorized is not otherwise provided for by law. such lights and signals as may be prescribed by the United States Coast Guard shall be installed and maintained. 13. All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended so~ids, sediments, fuels. other environmentally deleterious materials associated with the project. the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to navigable chenne}s or to the banks of a waterway. 15 If any material is to be deposited or dumped under this permit, either in the waterway or on shore above hlgh-~ater mark. it shall be deposited or dumped at the locality shownon the drawing hereto attached, and, if so prescribed thereon, within or behind a good and substantial bulkhead or bulkheads, such as will prevent escape of the material into the waterway. 16. There shall be no unreasonable interference with navigalion by the work herein authorized. 17 If granted under Articles 24 or 25, and if upon the expiration or re- vocation of this permit, modification of the wetland hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. 18. If granted under Article 36, this permit does not signify in any way that the project will be free from flooding. : 19. All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. Such approved plans were prepared by ~T. T_ M~'l-:z~a'~ on 6/20/86 SPECIAL CONDITIONS There is to be no construction or disturbance to vegetation or typography seaward of the "Top (of)Bluff" shown on said survey under authority of this permit. Supplementary Special Conditions (A) through (J) attached. 10-g6-0360 N/A Page 2 of 3 The followJ~g conditions apply to all permits: A. If any of the permit conditions are unclear, the permittee shall contact the Division of Regulator~ Affairs at the address and telephone noted below. B. A copy of this permit or approval and supplementary conditions shall be available at the project site whenever authorized work is in progress. C. The permit sign enclosed with the permit or a copy of letter of approval shall be protected from the weather and posted in a conspicious location at the work site until completion of authorized work. D. At least 48 hours prior to commencement of the project, the permittee shall complete and return the top portion of the enclosed receipt form certifying that he is fully aware of and understands all provisions and conditions of this permit. Within one week of completion of the permitted work, the bottom portion of that form shall also be completed and returned. E. For projects involving activities to be accomplished over a period or more than one year, the permittee shall notify the Regional Permit Administrator in writing at least 48 hours to the commencement of resumption of work each year. F. If project design modifications take place after permit issuance, the permittee shall submit the appropriate plan changes for approval by the Regional Permit Administrator prior to undertaking any such modifications. The permittee is advised that substantial modification may require sub- mission of a new application for permit. G. Ail necessary precautions shall be taken to preclude contamination of any wetlands or waterway by 'suspended solids, sediment, fuels, solvents, lubricamts, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materimls associated with the project work. H. Any failure to comply precisely with all of the terms and conditions of this permit, unless authorized in writing, shall be treated as a violation of the Environmental Conservation Law. I. The permittee is advised to obtain any permits or approvals that may be required from the U.S. Department of Army Corps of Engineers, NY District, 26 Federal Plaza, New York, NY 10278, (Attention: Regulatory Functions Branch), prior to commencement of work authorized herein. J. The granting of this permit does not relieve the permittee of the responsibility of obtaining a grant; easement, or other necessary approval from the Division of Land Utilization, Office of General Services, Tower Building, Empire State Plaza, Albany, NY 12242, which may be required for any encroachment upon State-owned lands under water. Regional Permit Administrator NYS Dept. of Environmental Conservation Bldg. 40, SUNY--Room 219 Stony Brook, NY 11794 (516) 751-7900 DEC # 10-86-0360 Page 3 of 3 TOWN OF SOUTHOLD P~OPERTY RECORD CARD OWNER ' RES. LAND /// OhO Tillable 3 Wcodland Brushland House Plot Tetol SEAS. IMP. z~o~%R~AL VL, STREET VILLAGE DISTRICT SUB. LOT ACREAGE 'I-YPE OF BUILDING TOTAL DATE REMARKS -lo o o _ I.O¢c~ M. Bldg. Extension Extension Extension Breezewa~ Garage Foundation Basement _ Ext. Walls Fire Place Porch Porch Patio Driveway Both Floors Interior Finish Heat Attic Rooms 1st Floor Rooms 2nd Floor L $outhold Town Board o£Appeals MAIN RDAD- BTATE RDAD 25 SDUTHrlLD, L.I,, N,Y. TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOERRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI August 6, 1986 Rial Realty Corporation 20 Audrey Avenue Oyster Bay, NY 11771 Re: Appeal No. 3541 (Variances) Dear Sirs: This letter will acknowledge receipt of your recent applica- tion. The Members of the Board of Appeals will be conducting field inspections and environmental reviews as may be required by State and Local Laws prior to their scheduling your application for public hearing. Although the earliest available date for public hearing at this time is on or about Sept. llth~ written confirmation will be sent to you within the next couple of weeks. A copy of the legal notice of hearings will be sent to you prior to publication in the Suffolk Times and L.I, Traveler-Watchman by our office. Please feel free to call if you have any questions. Yours very truly, cc: Mrs. Sophia Greenfield Planning Board GERARD P. CHAIRMAN By Linda GOEHRINGER Kowalski (*subject to receiving input from the Planning Board, by our advertising deadline of August 20th.) T LD Southold, N.Y. 11971 (516) 765-1938 August 26, 1986 RIAL Realty Corporation Peter Capone, President 20 Audrey Avenue Oyster Bay, NY 11771 Re: Minor subdivision Dear Mr. Capone: The following action was taken by the Southold Town Planning Board, Monday, August 25, 1986. RESOLVED that the Southold Town Planning Board refer the following comment to the Board of Appeals regarding the application for RIAL Realty, located at Mattituck: 1. The Planning Board is not in favor of the right-of-way as proposed due to the severity of the curve in the vicinity of Lot no. 2. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD cc: S/h. ia Greenfield ~oning Board of Appeals By Diane M. Schultze, Secretary Southold Town Zoning Board of Appeals -~outhold Town Hall Main Street, Southold, N.Y. 11971 Rel Rial Realty Variance Application September, Gentlemen! Upon request and recommendation of the ~outhold T~wn Planning Board the owner of the property has increased all lot sizes to include at least two acres of upland/buildable acreage a~d provide additional ~reenzpace. The remainder parcel, lot ~4 , ess given access to ~ong Island Sound. At tho suggestion of Mr. Lezeard and Mr. Bryer adjustment has been made to flatten the road contours. ( See copy of the enclosed memo to the Southold Town Planning Board dated ~ September, 1986. ) ~phia Greenfield, ~ agent for Rial Realt]~ / September, 1986 Southold Town Planning Board Southold Town Hall Southold, N.Y~ .11971 Re8 Rial R~alty Subdivision Application Gentlemen; As per the suggestion of Mr. Victor Leseard and Mr. Jim Bryer subsequent to their late April, 1986, site inspeotion of the~Rial Realty property, adjustment has been made to flatten the road contours. ( See most recent maps with road revision. Maps are dated ~uly 21, 1986. ) We hope this addresses and satisfies the Board's concern .~:~l-e~rding this matter and would appreciate your ~mmediate oomment and response both to the property owner and the Zoning Board of Appeals. erely, S. Greenfield, as agent for Rial Realty Corporation Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance September ll, 1986 S.E.Q.R.A. APPEAL NO.: 35~ PROJECT NAME: RIAL REALTY CORP. - This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: L0t-l.ine variance (10t width) of three parcels in this pending subdivision. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: N/s right-of-way extending'off the N/s of Oregon Road, Mattituck. - REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is a ]0t-line variance regulated as provided in Section 617.13 of the State Environmental Quality Review Act, 6 NYCRR. FOR FURTHER-INFORMATION, PLEASE CONTACT: Linda Kowals~i, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. *(3) The relief requested is not directly related to new constr~ction. Southold, N.Y, 11971 (516) 765-1938 September 8, 1986 RIAL Realty Corporation Peter Capone, President 20 Audrey Avenue Oyster Bay, NY 11771 Re: Minor Subdivision Dear Mr. Capone: This letter is to acknowledge receipt of new surveys for the minor subdivision of RIAL Realty located at Mattituck. The Board has noted that these surveys reflect the revision to the right-of-way as requested by the Planning Board. If you have any questions, please don't hesitate to contact our office. Very truly yours, cc: o~ar~ of Appeals Sophia Greenfield BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary VEL CONSTRUCTION CORP. 1138 William Floyd Parkway Shirley, New York 11967 (516) 281-2646 July 6, 1987 Section #95 Lot 3 Block 1 55-75 Oragon Road To~m o£ Southold Mattituck, NY Dear l~r Chairma~ and ICembers o£ the Zoning Board o£ Appeals: I Carmine Aliperti, President of VEL CONSTPSCTION, request permission to plant several trees within a hundred £eet o£ the bluff on the above property. This was also advised by your Chie£ Building Inspector }ir. Lasard. I£ you wish to meet with me personally, I would be glad to do so. Sincerely, Carmine Aliperti President Southold Town Board of Appeals MAIN ROAD- ~TATE ROAD 25 SOUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI July 16, 1987 Mr. Carmine Aliperti, President Vel Construction Corp. 1138 William Floyd Parkway Shirley, NY 11967 Re- Your Letter Dated July 6, 1987 Premises at Oregon Road, Mattituck ID #1000-95-1-3 Dear Mr. Aliperti: We are in receipt of your letter concerning premises now or formerly Noble Vineyards Ltd. (previously owned by Rial Realty Corp.) requesting "permission to plant several trees within a 100 ft. of the bluff on the above property." Our records under Appeal No. 3551 rendered October 1986 indicate that conditi6ns were imposed. Condition No. 1 reads as follows: 10, ...No disturbance of land within the 50 ft. distance shown along the 49.5 contour line of proposed Lot #1 .... It is our recommendation that a plan be submitted to the Building Department showing all proposed changes or grading plan (existing verses proposed), together with the areas of plantings. In this way, it can be determined by the Building Inspector whether or not any disturbance of land is being proposal and advise you to proceed further through our office and through the N.Y.S.D.E.C. as may be deemed necessary. July 16, 1987 Carmine Aliperti, President Vel Construction Corp. Premises at Oregon Road, Mattituck 1000-95-1-3 Please furnish us with copies of your application to the Building Department together with the proposed grading plan in order that we may be kept up-to-date. Yours very truly, JGERARD P. GOEHRI~GER .J CHAIRMAN ./~ lk CC: Mr. Victor Lessard Building-Department Administrator Southold Town Planning Board DEPARTMENT OF PLANNING t~COUNTY OF SUFFOLK PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE 360-5206 LEE E. KOPPELM~ October 28, 1986 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s~ Municipal File Number(s) John J. Newman Raymond T. Goodwin Arthur & Bernadette Burns Mr. & Mrs. John Bredemeyer Robert Waddington George & Pat Brown Michael Herbert Mr. & Mrs. Mark La Rosa Mr. Peter Capone, Pres. Rial Realty Corp. 3442 3530 3532 3533 3534 3536 3539 3540 Very truly yours, Lee E. Koppelman Director of Planning S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWtCKI Southold Town Board of Appeals MAIN ROAD- STATE RE]AD 25 SDUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: ×× Variance from the Zoning Code, Article IIZ, Section Z00-31, Bulk Schedule A-80 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3551 Applicant: Mr. Peter Capone, Pres. Rial Realty Corp. Location of Affected Land:'Oregon Rd., Mattituck, NY County Tax Map Item No.: 1000- 95-1-3 Within 500 feet of: Town or Village Boundary Line -- XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area or Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting~o~k'e~%xS~,x~ app_rQval of in~Bfficient lot width of three ~roposed_iDarcels in this pendin~ minor subdivision. Copies of Town file and related documents enclosed for your review. Secret~ry, Board ~ff A-ppeals PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Gerard P. Goehringer Chairman, Zoning Board of Appeals FROM: RE: DATE: Bennett Orlowski, Jr., Chairman ZBA Decision for Rial Realty Corp. Appeal No. 35~\ --:~' ....... Decision Rendered OctOb~ sc # 1000-9s- - December 11, 1992 . In 1986 RIAL Realty had a'~p~di~g four lot-subdivision application before the'Planning Board for the above mentioned parcel. RIAL Realty was also before the Zoning Board of Appeals for a variance for approval of insufficient lot width of three of the proposed parcels in the pending four lot minor subdivision. The variance was granted on October 10, 1986 subject to the following two conditions: No disturbance of land within the 50-ft. distance shown along the 49.5' contour line of proposed Lot #1; o The dimensions of the lots shall be as shown by minor subdivision map lastly revised July 21, 1986; no lot-line changes shall be permitted. The Planning Board approved the sketch map on November 10, 1986. The applicant never submitted maps with approval from the Suffolk County Department of Health Services and therefore final subdivision approval was never granted. The entire property was eventually sold to Mr. Aliperti. Mr. Aliperti currently has an application before the Planning Board for a major subdivision. In this proposal there are three sound front lots. These three lots are similar to, though not exactly the same as, the three lots involved in the variance application. The Planning Board questions whether or not the variance granted by the Zoning Board of Appeals for the proposed minor subdivision, which never received final approval, is valid for the proposed major subdivision. I have enclosed a copy of the 1986 ZBA decision, a copy of the map for the minor subdivision proposal that did not receive Planning Board approval and a copy of the map dated Dec. 3, 1992, for the major subdivision proposal that is currently before the Planning Board. Encl. APPEALS BOARD MEMBERS Gerard P. Geehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: DATE: SUBJECT: Bennett Orlowski, Jr., Chairman, Planning Board Jerry Goehringer, Chairman, Z.B.A./~,~:~::~ December 31, 1992 Your Memo/Inquiry of December 16th (dated Dec. 11) Rial Realty - Appeal No. 35~1 This memorandum is in response to your inquiry concerning the validity of a Z.B.A. variance rendered in 1986. The lot width of each Lots #1, #2 and #3 are drawn appropriately on the major subdivision map revised December 2, 1992, in accordance with the ZBA's determination. Since ZBA determinations run with the land and there has been no adverse change in the configuration of the three lots under the lot width variance, the variance remains and a new applica- tion is not required. The change from a minor to a major has no effect on this particular appeal. LONG isLAND soUND / 64 ~4 ~0 ,~ A-C #9 -CHOGUE C~ENCt'D TO MEAN SEA LEVEL 48' NIO/F $oUNDVIEW N. 31' 40' 40'~W' ,ACRE5 RoSE 1264.50' ~ SOUTHOLD TOWN BOARD OF APPEALS ~TTER OF RIAL REALTY CORP. THURSDAY, SEPTEMBER 11, 1986 PUBLIC HEARING 7:40 p.m. Appeal No. 3541 - Public Hearing commenced in the Matter of RIAL REALTY CORP. Variances for insufficient lot width of three proposed parcels. Northerly end of ROW ex- tending from N/s Oregon Road, Mattituck. The Chairman read the legal notice and application for the record. CHAIRMAN: I have Several copies of the existing subdi- vision map which was produced by Peconic Surveyors, most re- cent date was January 30, 1986.which indicates 47± acres sub- division~and it also indicates the three lots. Basically the nature of this particular application, although we are in ef- fect creating four One of which is a 40 acre lot And we're not creating it but we're dealing with it. The Planning Board creates it. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. I think that's enough for the record. Would you like to speak. I've got to ask you to use the mike if you don't mind. Maybe you can pull it over a little bit your way. SOPHIA GRE[NFIEkD: I'm coming before you as a representative of Rial Realty whose variance hearing is being held tonight. Forgive me for being redundant. I will repeat a little bit but I will hope to minimize that. I'm working from notes, again bear with me. The owner seeks to divide this 47 acre property into four lots. Three waterfront and one remainder parcel. The variance sought is insufficient lot width. With the advisements, suggestions and counsel of our professional planner, David Emilita, Mr. Lessard and Southold Town Planning Board member} this waterfront parcel designed di- vided the parcel of property into three lots, four lots. Three with at least over 80 thousand square feet of buildable upland area. The total square footage of the lots was 94,795 95,100 and 111,500. The design obviously expands green space. The lot widths are 150 feet, 150 feet and 163 feet. On an average, the variance that we're requesting is less than 10% above or 10% different than the required minimum. I'm not an expert appearing in front of you. However, I did spend some time over the last few days talking to four or five real estate brokers. And I was advised with a goodly amount of agreement that if these parcels as designed were marketed currently, the owner would anticipate a return of about $250,00 per lot and I'm saying three lots as described. With the owner forced to divide the property into two lots which I feel would be awkward and unyielding the most likely comparable, we gather at the moment, would be about $325,000 per lot making it $650,00 as adversed to $750,000. The owner could sustain a loss of $100,000. For your information, I presented you with a pasted Page 2 - September 11, 1986 Public Hearing-Rial Realty Corp. Southold Town Board of Appeals MS. GREENFIELD: (continued): tax map basically scanning the waterfront in the Cutchogue area locating the Rial property extending the waterfront part to the west. It's really part of Soundview Avenue to the east to the subdivision Birch Hills. Notice also the inclusion of a survey of the Domaleski property which is a two lot subdivison which had sought and granted a variance in 1984. It's a lot width of 145 feet and lot areas of 1.9 acre and 2 acres. The Rial proper- ty on the other hand, have greater frontage in all cases; 150 feet, 150 feet and 163 feet and greater square footage per lot. We feel that Rial's planner reflect Sound design and planning principals. It preserves great green space and is in harmony with the area. We request that our variance be granted. CHAIRMAN GOEHRINGER: Can I ask you one quick question? MS. GREENFIELD: I will attempt to answer you. CHAIRMAN GOEHRINGER: On the lot that is the most northeast piece, you have across that... You have across that crater like area that's cut out of the (it's actually) part of the lot but it causing a (I'd guess you'd say) cavern type of at- mosphere when you're standing on top of it. I noticed there that you only have a 50 foot building line at that particular point. Is there any particular reason why that's not a 100 feet? MS. GREENFIELD : There was originally 100 foot building line which ran across the top section which would have been that little triangle piece in lot number 1. After confirming with the Building Department, the Planning Board and also with the D.E.C., it was indicated that that building lot on that tri- angle should be or the setback line should be removed. After lengthy discussion with Mr. Lessard, Mr. Emilta and'also with the D.E.C., there was an agreement to use the 50 foot setback. What we call a ravine, a cavern or whatever is a man made sand- pit. It has stable vegatation. And on that basis, it's a non- eroding situation, they felt that a 50 foot setback would not be a strain on the bluff. Thank you. CHAIRMAN GOEHRINGER: Thank you. Is there anybody else who would like to speak in favor of this application? Is there anybody who would like to speak against the application? Questions from Board members. The proposed road that's going to go in there, is it going to meet some minimum specifications? Is the Planning Board going to deal with those specifications on the road2 Page 3 - September 11, 1986 Public Hearing-Rial Realty Corp. Southold Town Board of Appeals MS. GREENFIELD : To my understanding, yes. CHAIRF~AN GOEHRINGER: Have they asked for anything in particular? MS. GREENFIELD : We are to see them after our meeting with you and we expect to meet whatever standards required. CHAIRMAN GOEHRINGER: And is the electric service going to be underground or overhead? MS. GREENFIELD : I have not addressed that. I don't know. CHAIRMAN GOEHRINGER: Ok. Thank you. Hearing no further ques- tions, I'll make a motion closing the hearing reserving decision until later. Ail in favor - aye. Transcribed from cassette tapes recorded electronically at meeting by Linda Kowalski, ZBA C~erk. Nadia Moore the Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 'TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICK~ August 13, 1987 Bernard L. Burton, Esq. Burton and Burton One Rabro Drive Hauppauge, NY 11788 Re: Appl. No. 3541 Rial Realty Corp. Z.B.A, Conditional Action Rendered (Now ACMT Equities) October 10, 1986 Dear Mr. Burton: We are in receipt today of your letter dated August llth concerning the above premises. It is requested that any and all measures taken to mitigate the activities along and near the bluff areas and within 50 feet of the bluff be processed through the Town Executive Administrator, Victor Lessard (765-1802) and with the recommendations of the Suffolk County Soil and Water Conservation Service (727-2315). Please be sure to check with the N,Y.S. Department.of Environmental Con- servation and Town Trustee Office concerning their jurisdiction in this matter. Unfortunately, title insurance reports and policies exclude zoning restrictions thereby requiring extensive research concerning real-estate transactions. Our records are available at any time if assistance is needed. Yours very truly, GERARD P, lk CHAIRMAN cc: Mr. Victor Lessard Exec. Administrator (Bldg. Dept.) Southold Town Planning Board GOEHRINGER BERNARD L. BURTON STE¥'EN M. }9[IRTON Town of Southold Town Hall 53095 Main Road Southold, New York BURTON AND BURTON ONE RABRO DRIVE HAUPPAUGE. NEW YORK I 1788 ~1971 TELEPHONE~ August 11, 1987 Re: ACMT Equities, Inc. Gentlemen: This office represents the above named client and wishes to bring to your attention that at time of closing of title on property situated on Oregon Road, Mattituck, New York, on or about February 1987, no provision or condition was involved which would affect the 50 foot setback from the bluff. Neither the seller nor his counsel, at any time, advised of any restrictions concerning the bluff and no restrictions were discovered during the various searches prior to closing. Our client did not have knowledge of any such restrictions and, of course, will abide by same in the future. We trust that this information will be helpful to you. Very truly yours, BURTON & BURTON BLB:ct cc: Southold Town Planning Board cc: Southold Town Building Department, cc: ACMT Equities, Inc. Bernard L. Burton Southold Town Board of Appeals MAIN ROAD-BTATE ROAD 25 50UTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI August 13, 1987 John N. Prudenti, Esq. Prudenti & Clayton 971 Montauk Highway Shirley, NY 11967 Re: Appl. No, 3541 - Rial Realty Corp. (Now ACMT Equities) ZBA Conditional Action Rendered October lO, 1986 Dear Mr. Prudenti: We are in receipt today of your August ll, 1987 letter concerning the above premises. It is requested that any and all measures taken to help mitigate these activities within 50 feet and below the bluff areas be proceeded through the Town Executive Administrator for the Building Department, Mr. Victor Lessard (765-1802) and with the recommendations of the Suffolk County Soil and Water Conservation Service (727-2315) immediately. Please be sure to check with the Environmental Conservation (751-7900) jurisdiction in this matter. N.Y.S. Department of concerning their Yours very truly, lk cc: Mr. Victor Lessard Building Department Sou~hold Town Planning Board GERARD P. CHAIRMAN GOEHRINGER JOHN N. PRUDENTI JOHN F. CLAYTON August 11, 1987 THE LAW FIlial OF PRUDENTI & CLAYTON iq{ (5t6] 281-8724 (5{6] 28~-8734 Town of Southold Board of Appeals Main Road Soutnold, NY 11971 Attention-. Gerard Goehringer Chairman Board of Appeals Re: ACACNT Equities, Inc. Northside of Oregon Road, Long Island Sound Dear Mr. Goehringer: On or about February, 1987, I had occasion to advise Carmine Alipe£ti that no applications would be required for the filling of a certain parcel of the above-captioned property, which had prior to the acquisition been used as a dumping area. Specifically, I told him that a wetland permit would not be required in that the property had an elevation of greater than ten (10) feet and an area of less than 15,000 square feet. No doubt, Mr. Aliperti relied upon the truth and accuracy of the statement made. i apologize for any inaccuracies in m~ inst£uction to Mr. Aliperti I extend those apologies to yourself and The Town of $outhold. To mitigate against any condition that may have been caused, the area disturbed will be re-vegitated with appropriate planting. Very truly yours, · PRUDENTI cc Carmine Aliperti LONG 9R£GON MINOR.SUBDIVI$10N Pt. AN PREPARED FOR I:iENRY DOM:ALESK[ AT OREGON ~,~' TOWN OF SOUTHOLO SUFFOLK COUNTY, NEW YORK. LOCATION MAP ~ DATE ~ FEB. 28, 1984 sCALE: .1." = Ioo' NO. I 84 - ~i2 TYPI£,~I.. I, FELL 145.75' 291.5~ NOTE: I. TOTA! 2. DIST i APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$,JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H.$AWlCKI Southold Town Board of Appeals MAIN RnAD- BTATI=' RnAD 25 E~rlUTHnLDo L.I., N.Y. l'lCJ'T1 TELEPHONE (516) 765-1809 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L.I. Traveler- Watchman, Inc.. and Suffolk Weekly Times, Inc. Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience. Please be assured that your public hearing will not start before the time allotted in the Legal Notice. If you have any questions, please feel free to call our office, 765-1809. Yours_ very~J.~/,z -- G'ERARD P. GOEHRINGER ~ CHAIRMAN Enclosure Linda,Kowalski Secretary and Board Clerk NOTICE OF, HE~RINOS NOTICE. ~ ISi: .i-iEREBY GIVEN, pursuant ~to Section 267 of the Tdwn Law ned the Code of the Town of South01d, the following public hearings will be held by the SOUTHOLD TOWN BOARD-OF AP- PEALS at the Southold Town .HAH. Main Road, Southold, NY at a Regular Meeting corn-' mencing at 7:30 p.m. on THURSDAY, .SEPTEMBER 11, 1986. and as folloW: 7:35 p.m. Appeal No. 3540-MARK AND LOR- RAINE I.,nROSA: Variance to the Zoning Ordinance, Article XI, Section 100-119.2(B) for permission to construct deck ad- dition at rear of existing dwell- ing within 75 feet of ordinary highwater mark along "Horton Creek," located,alOng the north side of Albo Drive, Laurel, NY; COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia 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 that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for .................... .//. ..... weeks successively, commencing on the .......... ~..-~? .~..~. ..... County ~Tax Map. Parcel No. 126-2-1z . 0 p'.m. Appeal No. \ RIAL REALTy CORP. \ aces to Ibc Zoning Or- \ Sworn to before me this .......... -.~..~. ..... ?. dinance, Article lll,.Section 100-31, Bulk Schedule, for ap- I .~..!~ proval of insufficient lot width of three proposed parcels in this ./ pending minor subd vision 'located at the northerly end of proposed right-of-way exten- \ ding from the north side o! Oregon Road. Mattituck, NY; ~ \ ........................ County Tax Ma~, Parcel No. I \ Notary Public 1000-954-3..Containing ) BARBARA FORBES 47.0520 acres total, ~ Notary Public, State of New York 7:50 p.m. Appeal No. No. 48o6846 3533-JOHN BREDEMEYER. (Recessed from ,August 14. 1986). New dwelling with an in- sufficient setback from ordinary highwater mark along Orient .,Harbor ...... ,,,! ,,~, . .,, "/:55 ~O.m.-, ~,ppeal.. No.~ 34'77:WILLi~M' ' , KATHERINE HEjNs. (Rece~: ed from August !4, 1986). In- sufficient area, width and depth of two proposed parcels. North side Main Road, Orient, NY;' 1000-19-2-5 and 6. 8:00 p.m. Appeal No. 3544-JAMES F. WARWICK. Variance to lift Condition of prior Z.B.A. Appeal No. 1729 rendered March 8, 1973 to allow new construction of a single- family dwelling at premises located along the south side of Fasbender Avenue, Peconic, NY; Bailey Park. Map filed September 26, 1932, Subdivi- sion Lot No.ll; County Tax Map Parcel No. 1000-67-6-7. 8:10 p.m. Appeal No. 3534-ROBERT WAD- DINGTON. Variance to the Zoning Ordinance, Article Section 100-31, Bulk Schedule, for'permission to construct ad- dition to existing building with insufficient side and rem- yard setbacks, at 13175 Main Roadl Mattituck, NY; County Tax Map Parcel No.. 1000-140-03-038.'- General BUsiness Zoning District. - ' Qualified in Suffolk County Commission Expires ~Z~.~ 3/ 19 day of 8:20 p.m. Appeal NO.. 3550-JOSEPH AND LINDA SCHOENSTEIN. Variances tO the Zoning Ordinance, (a.) vi, Section 10040 for pe~f~-~t m~ssion to expand nonconfor~.~, lng use of welding bnsinesl-- 'in this "B-Light Business" Z01fing' District; (b) XI,' Sectio~J 100-119.2(B) for permission to construct new building and pand nonconforming business use within 75 feet f(on~'. wetlands area, at I~remise~.'~.~ located among the south side of. Main Road, Greenport, NY: · County Tax Map Parcels No. 1000-53-2-12, 13 and 1~; Lots 172, 173, 174, Peconic Bay Estates Map No. 658, and Map No. 1124 as Amended. 8:35 p.m. Appeal No.~ 3~38-JEFFREY BETTANr COURT. Vari~.nce to the Z0nL 'ing Ordinance, Article Xl,~c- tion 100-119.2(A) for permis- sion to construct inground swimmingPool with fence enclosure and gazebo within 100 feet of top of bluff or bank along Long Island Sound, at premises known as 2410 Grand- view Drive, Orient~ NY; Grand/ view Estates Subdivision Lot No. 5, Map NO. 7083; County Tax Map~ Parcel No. 1000-14-02-3.9.. ~ 8':40 p~m. Appeal No. 35I~-STEPHEN SHILOWITZ. (Recessed from Au~ 14, tlon within 75 feet of bulkhead and tidal water, Welt Side of-~ 6,Ih. Street. oreeaport · NY; The Board of 'Appeals Will hear at said time'and place all persons or representatives desir- ing to b~e heard in each of the above hearings. Written corn- · ments may also be Submitted prior to the conclusion of the subject hearing. For more infor- marion; please call 765-1809.. Dated: August 22, 1986. ' BY ORDER OF THE SOUTHOLD TOWN ,BOARD, OF APPEALS GERARD P~ ~OEHRINGER, ' . CHAIRMAN , Linda Kowalski, Board Secretary IT-8/28/86(6) Page 20Aq'ha Suffol~ T~mes~August 28~ !986 , Legal Notices NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the follow- ing public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meet- ing commencing at 7:30 p.m. on THURSDAY, SEPTEMBER l l, 19~6, ~nd as follows: 7:35 p.m. Appeal No. 3540 -- LaROSA. Varianc~ to the Zon- ing Ordinance, Article XI, Sec- tion 100-119.2(B) for permission Albo Drive, Laurel, NY; County ~'~7:40 p.m. Appeal No. 3541 -~'~ RIAL REALTY CORP. Vari- subd/vision IDeated at the north.- O;%~gon Road, Mattituck. NY;. County Tax Map Parcel Ne. 7:50 p.m. Appeal No~ 3,533 _"-~ JOHN BREDEMEYER. (Re- New dwelling with an insuffi. highwater mark along Orient sed from August 14, 1986! In- sufficient area, width and depth of two proposed parcels. North Side Main Road, Orient, NY; 8:00 p.m. Appeal No. 3544 -- JAMES F. WARWICK. Vari- ance to lift Condition of prior Z.B.A. Appeal No. 1729 re- ndered March 8. 1973 to allow new construction of a single- family dwelling at premises lo- cated along the south side of Fasbender Avenue, Peconic, NY; Bailey Park Map filed Sep- tember 26, 1932, Subdivision Lot #11; County Tax Map Parcel No. 10/)0-67-6-7. 8:10 p.m. Appeal No. 3534 -- ROBERT WADDINGTON. Variance to the Zoning Ordi- nance, Article II1, Section 10~- 31, Bulk Schedule, for permis- sion to construct addition to existing building with insuffi- cient · side and rear yard set- backs, at 13175 Main Road, Mat- tituck, NY; County Tax Map Parcel No. 1000-140-03-0~. "B- 1" General Business Zoning Dis- 8:20 p.m. Appeal No. 3550--- JOSEPH AND L1NDA SCHOENSTEIN. Variances to the Zoning Ordinance, Articles; lal VI, Section 100-60 for per- mission to expand nonconform- ing use of welding business in this "B-Light Business" Z~ing D/s/h-/ct; lb) XI, Section 100- 119.2iB) for permission I~-con- struct n~w h~/h/iug and expand nonconforming welding busine~ use within 75 feet from wetlands area, at prem/se~ located along the south side of Main Road, Greenpart, NY; County Tax Map Parcels No. 1000-53-2-12, 13 and 15; Lots 172, 173, 174, Peconic Bay Estates Map No. 658, and Map No. 1124 ,xs Amended. 8:35 p.m. Appeal No. 3538 -- JEFFREY BE~rANCOURT. Variance to the Zoning Ordi- nance, Article XI. Section 10C,- 119.21A) for permission to con- struct inground swimmingpool with fence enclosure and gazebo within 100 feet of top of bluff or bank along Long Island Sound, at premises known as 2410 Grandview Drive, Orient, NY; Grandview E~tates Subdivision Lot #5, Map No. 7083; County Tax Map Parcel No. 1000-14-02- 3.9. 8:40 p.m. Appeal No 3513 - STEPHEN SHILOWITZ. IRe:. cessed from August 14, 1986). Condominium construction within 75 feet of bulkhead and tidal water. West Side of Street, Greenport, NY; 1000-49: The Board of Appeals will hear at said time and place al~ persons or representatives desir. lng to be heard in each of the above hearings. Written ments may also be submitted prior to-the ~onclusion of subject hearing. For more infor- mation, please call 765-1809. STATE OF NEW YORK ) ! SS: COUNTY OF SUFFOLK ) Katherine Bondarchuk of Greonpon, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, · Weekly Newspaper, published et Greenport, in the Town of Southold, County of Suffolk and State of New York, end that the Notice of which the annexed is a printed copy, has been regularly published in eaid Newspaper once each week for weeks successively, commencing on the dayof At]~ ~- 19 Prin~=ipal Clark Dated: August 22, 1986. : BY ORDER ~") ~ "' ' OF THE SOUTHOLD Sworn to be~f~re mo this TOWN BOARD -- o ~ ~.~ .. · OFAPPEA~ OayOT ~ ]~(/ ~ GE~ P. ~EHRINGER, ' ~ ~ -~ MARY K. ' JTA28*53~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of Southold : TO: Walter Baer 103 Croft Lane Smithtown, New York 11787 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. T~ intention of the undersigned to petition the Board Of Appeals of the Town of Southold to request a~(Special Exception) (Special Permit) (Other) [¢£re[e choice] 2. Thatthe property whichisthesubjectofthe Petitionislocated adjacentto your property andisdes- cribedasfollows: 47 acre Long Island Soundfront farm, S.C.T.M. #1000-95-01-3, bordered on the North by Long island Sound, West by the land of Baer et al., East by the land of Schreiber, and South by Oregon Rd., Cutchogue, N.Y. 3. Thallhe property whichisthesubject ofsuch Petitionislocatedinthefollowingzoning district: ' Agricultural-Residential 4. Thalbysuch Petition, the undersigned willrequestthefollowingrelief: A variance of . bulk and parking schedule relating on1¥ to lot width. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are ~rticle II I Sectio~ 100-31 [ ] Section 280-R, New York Town Law for approval of access over ri§ht(s)-of-way. 6. Thal within five days from the date hereof, a written Petition requesting the relief spec fled above will be filed in the 5outhold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (5].6) 765-].809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituc~k 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:__~kL]/_!~, 1986 Rial Realtv Corp, Petitioner Owners 'Names: ~C._grp~ Post Office Address 20 Audrey Avenue Oyster Bay, N.Y. 11771 (Te1.516/ 922-2643 .P_RoOF OF MAI~LING OF N__O]=LC_E- ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: Peter Capone ,residing at 20 Audrey Avenues Oyster Bay, New York~ 11771 , being duly sworn, deposes and says that on the 21Rt day of .1.1y ., 19 86 , deponent mailed a true copy of the Notice set forth on the re- verse 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 said persons as shown on the current assessment roll of the 1own of Southold; that said Notices were mailed at the United States Post Of- fice at {~yRtPr Rny: New York ]1771 ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Swor~ to~efore me this ~:Q/ Notary Public ///~// JACQUELINE COHEN NOTARY PUBLIC, State of New York No, 4839694 Qualified in Suffolk County ~, n~ ;~i i~n E×pLes March 30, 19 (Thts side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of Southold : TO: Robert & Sherry Schreiber 168 Oregon Road Cutchogue, New York 11935 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Th~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to requesta~(Special Exception) (Special Permit) (Other) [circle choice] 1. 2. That tile property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 47_acr~ Long Island $oundfront farm, S.C.T.M. #1000-95-01-3, bordered on the ~lorth by Lon9 Island Sound, West by the land of Baer et al., East by the land of $chreiber, and South by 0regon Rd., Cutchogue, N.Y. 3. That the property which is the subject of such Petition is located in the following zoning district: A§ricultural-Residential 4. That by such Petition, the undersigned will request the following relief: A variance of · bulk and p~rking schedule relatinq only to lot width. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article I I I Section 100- 31 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 18, 1986 Rial Realt_v Co~'p, Petitioner Owners'Names:Rial Realty C_o_rp._ Post Office Address 20 Audrey Avenue Oyster Ba.yLN.Y. 11771 (Tel.516/ 922-2643 NAME pROOF OF MAILING OF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS r ~ STATE OF NEW YORK ) COUNTY OF SUFFOLK) 55.: Peter Capone ,resldingat 20 Audrey Avenue, Oyster BaS, New York 11771 , being duly sworn, deposes and says that on the 21 St day of July , 19 8§ , deponent mailed a true copy of the Notice set forth on the re- verse 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 said persons as shown on the current assessment roil of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at 0vster Bay. New York 11771 ; that said Nofices were mailed to each of said persons by (certifiedi (registere~) mail. JACQUELINE COHEN NOTARY PUBLIC, State of New York No. 4839694 Qualified in Suffolk County ~j-~ Commission Expires March 30, 190t Sworn to before me this ;~.c~r (Thts side does not have to be completed on form transmitted property owners.) JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICEOFTHETOWN CLERK TOWN OFSOUTHOLD July 25, 1986 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3541 application of Rial Realty Corporation for a variance. Also included is Notice of Disapproval from the Building Department; Notice to Adjacent Property Owner; Short Environmental Assessment Form; letter re- lative to NYS Tidal Wetlanda Land-Use; DEC permit; Corporate disclosure; deed and survey. Judith T. Terry Southold Town Clerk \\ \ 'a~ / / ~ ~. 4~ / FOR ~CA~E I = I00 PROPERTY TO THE WEST 0 S AND C TOUR N ARE REFE T ~618 ' PECON~C 3URVEYORS ~ E~INEER3 R.C. · (5~) re5 -~020 ' P.O. ~EVIS~N aUNE ~0, 1986 MAIN ROAD ~ ~ ~a4 - =~ ~/,/V~ 80UTNOLD ,NY 11971 85 - {85 A N KEY MAP SCALE,. I"= 600' /-- / I/2" a~p.h~ll .,earing course ~L~ ~ I/~ OSphOll binder course y% ~ ~ ~ ~ ~ 4' comp~cled f~ckness stye b~nd of crus~ N/O/F TYPICAL CROSS SECTION ROADWAY P..C. soUNOVIEW 1471.00' o/ ACRES $. 33' 07' 50" ¢' /0 77~ 92 '~ SKETCH PLAN OF ~ AL/PERT/ ESTATES. A T MA TTITUCK ~ ~,'- TOWN OF SOUTHOLD BUILDING ZONE-: R 80 8 A-C SCHOOL DISTRICT' #9 F/RE DISTRICT ' CUTCHOGUE SUFFOLK COUNTY, N Y. 1000 - 95 - 01- 03 SCALE, 1"= 100' MAR. 30 1992 CONTOUR LINES ARE REFERENCED AREA = 45.2155 acres to tie line TOWN PLANN!N8 BOARD TO MEAN SEA LEVEL OWNER-DEVEL OPER B. ANTHONY ALIPERTI 80X t49 SH~LEY~ N.Y. 11967 i 373.05' 7.46, ~.¢ LoT I ACMT SE'ToFF ,, %,,?¢,,0 soUNDVlEW RIOIF % ACRES % 5 1264.~0' ~ I % ~.. I /7¢, ooo ~J /¢ ~' ~ ~'~ ROSE H. BeER ~ NIOIF 1347.85' 85-185 ,/, 'AA ,. C~ , OI;-o Ot;," N ,' ' ¥" ' ";'" "1 , NO SCA LY~ 5~0,5. 7'9 5 54'05'00"~. - 2.58.49 £Z/~ ,T/NLF d:Yd l L D / N ~ .l 112, ,~4.¢~'2..q'tO"VV - k : fl._, .. $CAL~ I .5o ,~o~ V,~N Y'OYl., Fi. C.