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Home My WebLink About3690 COUNTY OF SUFFOLK ~Licbael A, LoGrande SUFFOLK COUNTY EXECUTIVE SOIL AND WATER CONSERVATION DISTRICT STANLEY A. PAUZER DISTR~CT MANAGER December 7, 1987 Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road Southold, New York 11971 Dear Mr. Goehringer: Regarding your request for our assessment of Appeal No. 3690 - RIf~IARD and SOPHIA GREENFIelD, please be advised that a site inspection was conducted on December 2, 1987. During the site inspection several factors were noted which may be relevant to the situation and your decisions. Most irmportantly was the observance of wet areas and hydophytic vegetation along the toe and lo~er sections of the bluff. This indicates that water is being held within the bluff, usually due to a slowly permeabil soil or soil layer, and is slowly released through the bluff face as seepage. Bluffs which exhibit seepage are often subjects of large earth slides or soil sloughing from the bluff face. Frequently the large earth slides occur during late winter and early spring when runoff water frcm frozen ground infiltrates into the coarser soil along the top of the bluff and satur- ates the soil. This excessive weight on a steep slope causes the soil particles to shesm, resulting in a large and sudden earth slide. The bluff toe had several areas which were almost vertical, indicating that the toe is eroding due to wave action. However, the bluff face is well vegetated with predominatelywoody plants and annual weeds. Ground landward from the top of the bluff slopes toward the bluff and presently is wooded. DeveloIrnent of the lot with dwellings, structures and establishment of turf areas will increase storm water surface runoff. Since the ground slopes to- ward the bluff, increased surface runoff could cause overbank runoff and severe bluff erosion, or increase the amount of water infiltratinginto the soil and seep- ing from the bluff face. t64 Old CounW Rosd, Rout~ 58 R~verhesd, NeW Yo~k 11901 Pttme:St6-727-2315 Mr. Gerard P. Goehringer -2- Deceaber 7, 1987 Therefore, due to the land sloping toward the bluff, the presence of seepage on the bluff face and the active toe erosion, I rec(m~end maintaining as rm~ch of the area landward frcm the top of the bluff as possible in its natural state. I hope this information will be useful to you. If additional information is re- quired, please contact our office. Sincerely, Thc~ms J. McMahon, Senior District Technician ]~vSOIJ '~I,O'L D Southold, N.Y. 11971 (516) 765-1938 December 8, 1987 Richard and Sophia Greenfield P.O. Box 1505 Southold, NY 11971 Re: Cabots Woods Dear Mr. and Mrs. Greenfield: The Planning Board reviewed your request with regard to your variance application for a reduction in the 100' setback from the bluff. It was the consensus of the Board that the 100' setback from the bluff be maintained. 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: Board of Appeals~ HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. PH1LLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 December 18, 1987 Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Southold Town Hall Main Road Southold, New York 11971 Re: Richard & Sophia Greenfield Dear Mr. Goehringer: Pursuant to your referral, regarding the property of Richard and Sophia Greenfield, for a determination on the need of a wetland permit, please be advised that an on-site inspection was conducted on December 16, 1987. It was determined that the Board of Trustees do not have jurisdiction in regard to this matter. Very truly yours, Henry P. Smith, President Board of Town Trustees HPS :ip cc: file RICHARD & SOPHIA GREENFIELD P.O. Box 1505 Southold, NY 11971 December 3, 1987 Southold Town Planning Board Town Hall Southold, N. Y. 11971 att. Mr. Bennett Orlowski, Chairman Dear Mr. Orlowski, and Planning Board Members: Enclosed is a copy of our variance application recently presented to the Zoning Board of Appeals. We have been informed by the Z.B.A. that since our agreement with the Planning Board to abide with a 100 foot setback preceded the Town ordinance estab- lishing that requirement, we have to get permission from the PlanDing Board to al4ow the Z.B.A. to review our request for a variance. As you are aware, both in reading our covenants, and working with us in passage of this subdivision, our concerns are environ- mental. We have expended considerable effort and expense over the past eight months in attempting to design a house on the site that could be built without destroying the woodland. Plans have sadly been abandoned because of the lack of space between the 100 foot setback line and an irreplaceable grove of mature trees. (Please see enclosed photographs showing the woodland and the distance from the 100 foot markers.) Therefore we would request that the Planning Board afford us the same opportunity that would be routinely offered to any other property subject to the same present Town ordinance -- namely the opportunity to have our request for a variance reviewed by the Zoning Board of Appeals. Thank you for your consideration. Sincerely, Richard & Sophia Greenfield By: Sophia A. Greenfield Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.l., 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. SAWICKI November 23, 1987 Southold Town Trustees Town Hall Southold, NY 11971 Re: Appeal No. 3690 - Richard and Sohpia Greenfield Location of Property: ROW off N/s CR 48, Peconic Dear Sirs/Madam: We presently have an application pending in which the property owners propose to locate a new single-family dwelling and two accessory buildings as shown on the attached sketch. The subject premises is referred to as Minor Subdivision Lot #1, Cabot's Woods, and fronts along the Long Island Sound. Attached are photographs of depressed areas at the site~ together with a photocopy of the map showing the access over a private right-of-way extending from the north side of Middle Road (C.R. 48), Peconic. It is the opinion of this Board at this time that your office may wish to be informed in order that a determination could be made by the Trustees or the Bay Constable as to your jurisdiction. Please feel free to advise the property owners, Mr. and Mrs. Richard Greenfield in the event you deter- mine that an application is necessary before your Board prior to the issuance of a building permit. Also, if it is determined that there are freshwater wetland species growing landward of the bluff area, please let us know. Page 2 - November 23, 1987 To: Southold Town Trustees Re: Appeal No. 3690 R. Greenfield & ano. Thank you for your consideration. Yours very truly, lk Enclosures GERARD P. GOEHRINGER CHAIRMAN Southold Town Board of Appeals MAIN F~OAD- STATE: ROAD 25 SOUTHOLD, L.I., N.Y. 11c~'71 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOENRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS dOSEPH H. SAWICKI Mr. Stanley A. Pauzer, District Manager Suffolk County Soil and Water Conservation Peconic Plaza - Route 58 164 Old Country Road Riverhead, NY ll901 Re: Appeal No. 3690 - Richard and Sophia November'20, 1987 District Greenfield Dear Mr. Pauzer: We presently have an application pendin~ i~ w~i. ch the property owner proposes to locate a new sin~e-~aml/y dwelling and two accessory buildings as shown on the attached sketch, at premises fronting along the Long Island Sound at the north end of a private right-of-way extending in a northerly direction off of Middle Road (.C.R. 48), Peconic. May we ask your assessment of this project prior to our scheduling this matter for a public hearing? Enclosed for your file are copies of the proposed survey or sketch, County Tax Map showing t~he immediate area, and any other relevant information. Please'don't hesitate to call if additional information is necessary. Thank you for your time and assistance. Yours very truly, GERARD P. GOEHRINGER lk CHAIRMAN Enclosures New York State Department of Environmental Conservation Regulatory A[fairs Unit Bldg. 40, SUNY, Rm. 219 Stony Brook, NY 11794 (516) 751-7900 Thomas C. Jorling Commissioner November 12, 1987 Richard & Sophia Greenfield P.O. Box 1505 Southold, NY 11971 Re: Tidal Wetlands Notification Letter Of Approval Cabots Woods Dear Mr. & Mrs. Greenfield: On December 5, 1986 we issued to you the referenced approval based upon the VanTuyl survey submitted with your application. It is my understanding that you are now applying to the Town of Southold for a variance from the 100 ft. bluff setback requuirement. Please be advised that our jurisdiction is to the top of the bluff. Therefore, we have no authority to set forth any setback distance from the bluff. At some time in the future we will be administering the Coastal Erosion Hazard Act and will then be in a position to require setbacks consistent with those regulations, but until then have no requirements. If I can bb of any further assistance, please let me know. Sincerely, Michael J. Fiscina Senior Environmental Analyst MJF:jf APPROVED BY PLANNING BOARD .;: TOWI4 OF sOUTHOLD~-:: . ~ · Sidney B. Bowne. P.E.. L.S. (1922-1959) Chester C Kelsey. P.E.. L.S. Alexandre W. Mercil, PE Robert A. Stanton, P.E. Robert W. Brown, kS Zabdiel A. Blackman. P E.. L.S George A. Style. P E Jerry D Almont, P.E. George L. Fagan, Jr., Ph.D., P.E. Thomas R Pynchon. LS. SIDNEY B. BOWNE & S I)N 45 Manor Road ~,ECE~VED BY Smithtown N.Y. 1~r7187 (516) 724-061 August 25, 1987 Mr. Bennet Orlowski, Jr., Chairman TOWN OF SOUTHOLD Planning Board 53095 Main Road Southold, New York 11971 ,/ Re: Final Inspection, Cabot Woods/Sophia & Richard Greenfield, Peconic Town of Southold, New York (SBB NO. 87153) Gentlemen: A final site inspection was conducted on August 20, 1987. Present were Mr. Raymond Dean and Mr. C.S. Heffernan, both from this office. We find that the constructed access road was built in conjunction with the Town of Southold requirements and recommend acceptance. Very truly yours, CSH:cl9 xc: Ray Jacobs, Supt./Hwys. Ray Dean (SBB) V. Lessard (Building Dept.) SIDNEY B. BOWNE & SON 7 / MINEOLA · SMITHTOWN · NEW YORK CITY · CLEARWATER Southold, N.Y. 11971 (516) 765-19BS November 28r- 19B4 Richard and sophia Greenfield soundvieW Avenue southold, NY 11971 Re: Minor subdivision for Richard and sophia Greenfield . . Greenfield: near Mr. and Mrs ..... ~n~ actiOn taken.~ Please let th~=%~%~ Board, Monday, the southold Town r~ ..... al aomlicatiOn for the approval - -~as a form .... = =o~hia Greenfield · peconiC waS submitted REsoLVED that w~e~led Richard anu o ~ .... ms,, located at -. ~ fee of subdivision plaL e~ of a ,,cabot~ woou 4 1984 and, be known as rd on February 1 , to the planning Boa to February 14, 1984, and $100 was paid on wHEREAS, a publiC hearing was held on said subdivision tion and plat at the ~?~ ~% ~%~thold, New York, on aPpl~ca November 5, 1984 at l. . of th( Mond Y, ubdiVis~on RegulatiOns · s of the S · ' ' n lat and · -~o the requirement _ _~ subd~VzS~O P Town of southold have ~ . ·cation, aPpl~ .~ ~vc~LvED that th~ applicatiOn of said subdivision .~ therefore , be~l~~ apprOval o~ Tuyl m~ ~ sophia Green~ oodS" prepared by R. Van ' · - ~s "cabot s W =~d November 7 1984, be lat to be ~nOwn ~1984 and last tmt~d to endorse apprOval P = ~¼ruary 2, . .~ ~ tho .... conditions dateu .... d the chazrman ~= ~u the following approved an plat subject to on said subdivision within 6 months from the date of this resolution: nantS and restrictions as aPProved ~ilin~ of the cove.~ +~ suffolk county clerk. 1. ~-- L~ Attorney w~n~ ..... by the upon receipt of notice that this condition has been met, the chairman will endorse approval on the maP. Very truly yourS, NETT oRLOWSKI, JR., CHAIRMA BEN ..... ~ ANNING BOARD souTHOLD Tu~ ~L DMS along ordinary high water mark of Long Island Sound, a tie line runs S. 83o49,30" East, a distance of 299.58 feet ~ IUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 4, 1987 Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 TO: FROM: Southold Town Zoning Board of Appeals Judith T. Terry, $outhold Town Clerk Transmitted herewith is Zoning Appeal No. 3690 , application of Sophia & Richard Greenfield for a variance. Also included in notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry Southold Town Clerk TOWN OF SOUTHOLD, NEW Y APPEAL FROM DECISION OF BUILDING INSPECTOR ~~iNG BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. /-~ 0 ~ 0 1, (We) .............................................. ~ ........................................................................ 4 ......... Name of Appe Iont ~.~,~¢¢~,r~D Street and Numl~r ................. ..~...~...,,~,...~.....'~....~....~... .................................................. .../~'...: .~...;. .......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...../~'...~..~?....'~.....~...~....~'.......~...~....d.?..0~' WHEREBY THE BUILDING INSPECTOR DENIED TO ........ ...... Name'of Applicant for permit o, ....... ........ ........... Street and Number Municipality State ( ) PERMIT TO USE ) PERMIT FOR OCCUPANCY t. LOCATION OF THE PROPERTY ..~...'~..~7..o...~'Z.~......~..?...~..~...~..I......~....~....~.?....I~..f.?.Z ....... ...~..~...7....~....~....: ....... Street /Hamlet / Use District on Zoning Map District 1000 SectionT~Block ~Lot,~.~ . ~, .................................................................................. ~,urren~ Owner Mop No. Lot No. _Z Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paranranh nf th. Zoning Ordinance by number. Do not quote the Ordinance.) Arti~ ~4~1~-' Section icao -I I~.~. 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (,rV~) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) (h~as ?ot)~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 (~) A Variance to the Zoning Ordinance ( ) is requested for the reason that 1) Building a residence, adhering to the 100 foot setback would result in a negative environmental impact to the property. This property has not been disturbed in over 100 years, and the natural tree growth has provided the protection to keep the bluffline, and the rest of the property stable. In fact, the property has been covenanted to protect the woodland, and the rest of the natural habitat. Mature woodland is not replaceable. By moving a portion of the house forward only 20 feet, it would be possible to build a house in a natural clearing, without disturbing the trees that have protected the area and created its stability. 2) Placing accessory buildings in the rear yard would place them on the Sound side of the house, in inaccessable positions, requiring excessive clearing and environmental damage.. REASON FOR APPEAL Cant}nummi 1. STRICT APPLICATION OF THE ORDINANCE.would produce procticoldifflculttesorunneces- sary HARDSHIP because ~'~ ~ ~ V0~ 1) Building further than 80 feet from the bluff would ma~,~.~ necessary to cut down a number of large mature trees. It w~ld be environmentally far better to preserve'both the trees and the total natural woodland environment that they are a part of by moving a portion of the house 20 feet forward, than to destroy a group of 50 year old trees along with the natural wildlife that they foster. 2) Building a garage in the rear yard would place it in a position that would be inaccessable for a car, as well as placing it between the house and the water, thus blocking the view of the water and seriously decreasing the property value. 2. The hardship creotedis UNIQUE and is notshared by all properties alike in the immediate vicinity of this property and in this use district because l) Because of the unique nature of the undisturbed woodland, building behind the 100 foot setback would require the destruction of numerous mature trees. An environmentally sound building site exists in a natural clearing forward of the trees. By rotating a portion of the building 20 feet forward, it can be placed in that clearing, leaving the trees to continue the natural protection they have provided in the past. 2) A garage or barn placed in the rear yard would also require the removal of trees to gain access. Two natural clearings exist south of.the proposed house site in which these accessory buildings can b~ sited for privacy and constructed without violating the woodland. (see survey map). 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because 1) The neighboring properties all have houses built much closer to the bluff. The setbacks of the adjacent houses are: 39 feet (Sorrano), 24 feet (Troyano), and 15 feet (Ross). (see enlarged tax map). The requested variance is only 20%, and would still place the building completely behind (South) any of the neighboring buildings. The purpose of the ordinance is to protect the coastal area from erosion -- that purpose would be much better served by protecting the trees, and allowing them to provide natural ~rotection to'the land, than by cutting them ~o achieve a specific setback d~stance, especially in light of the fact that the bluff has proven to be stable for at least as far back in time as we have surveys. 2) The property is very long and narrow. The rear yard represents a very small part of the lot -- in a waterfront property such as this, what is technically the front yard is for practical purposes used as a rear yard, and is much better suited to accessary buildings. The character of the immediate neighborhood is secluded and pri~3~e and is one of the few unique wooded soundfront areas in Southold./ nj ~ } ss / .~ ..................................................... ~ ...................... . COUNTY OF D~F~o~ ) / Signature / Sworn to this .............................................. day of ..............~~ ................ 19 Notary Public No. 4707878, Suffolk Te~m Expke~ Ml~h FORM NO. 3 TOWN OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL To '~ ' .~~ · ,~ .~.~. !,~.~..~.C ...................... . .~~~..~..~, ~.. ?./.?.~.~ .... PI,EASE TAKE NOTICE that you~ application dated ..~.~~. County Tax Map No. 1000 Section . .'..~. ..... Block ..... ~ ..... I,ot . , ~.',~ ...... ' Subdivision. .~ . Filed Map No... ~.l.~.~ ..... Lot No... ~.',~. ....... is returned herewith and disapproved on the following ~rounds .~. ~L.. ~,~. ¢. ~'~.~. ~.~.-.~.~., .Q~..~ Buildin~ Inspector (G) Tn order ~o nn".wor tho quo~t, ion~ in th/~ :~hort EAF t~ ~ ~nu~od tha~ the promotor will u~ currently availabla infom~'~tlon concerninE tho pro~ct and tho cc6.plotod Enviro~ental Assossmont Fo~ is neccssa~-/, (d) ~vt realemon1 ~. ~l project ro~ ~n a l~F~o physical clmn~o to the proJoot ~to or phy~c~ll7 ~l~r than 10 acrc~ O~ land? . · · ...... , · _ Ye~ ~ No 2. Will ~horo bo a ~Jor change to any ,miquo o~ unusual land fo~ found on ti~o situ? · . · ~ Yo~ ~ No 3. W~I ~l'o3~c% al%or.or have a ~ar;;~ off.ct on aa oxiu%ln6 body of water? . . · . . · · · .. &. W~! pro3oc% have a potentially largo lmpacu ~, W~i pro~cc~ ol~iflcantly, offect drainage on adjacent olios? · · · * * ..... _.__ Y-', ~ No 6. Will project affect any tl~ont,m.,l or endangered '-plant or ani~%l species? · . · ...... . 7. W~i pro~c~t reset in s ,re Jot (,dv,u".,. effect on air quality? 8, W~I proJec~ hero's ~.nJor effect ca vim]al kao~ to bo L~portan~ to tho community? . · · Yen ~ No 9. Will proJoc~ adversely impact an7 mlto or utc of h$~orl¢~ pro-historlc~ or [mluontologlc~l lmportancQ or any sitO designated au n critical onvironmcn~l area by a local al{uucy? · · · future recreational opport~itiou7 · · · -. Yc~ 11. Will project.result' in ~Jmr trnfflc problemn 12. Will ~roJoct rogt~arly cauuo objectionable odor~:. -. anco as a ros~t of the proJcct'u cpera~ion? . _- 'fo:; ~ No 13. Will project have any impact ~u pub] lc health or IL. Will project ~,ffoct tho oxlutlng c'ommunlt7 b7 : - directly cau~l~g ~ growth ill pur,n,.:,mt Icln tion cf mom; than 5 pure(mt over a tne.-yonr choractc~ of thu_coammnity ~z' Ilul,',hD,n'llocd '. %5. I~ there public ~Btl~vurny cone,:J'nin.~ th,J ln'(J~ect? ':',": PREPS!ER, S SIC:J}ITL~E~ 'rrrLt:: : QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATION FORMS TO THE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours Yes seaward of area under construction? (Attached Town Code any areas which contain wetland orasses? is a list of the wetland grasses defined , Ch. 97 for your reference.) by Yes 3. Are there existing structures at or below ground level, such as patios, foundations, etc? 4. Are theFe any existing or proposed fences, concrete barriers, decks, etc? Yes Yes If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. Yes If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ft. Yes Are there other premises under your ownership abutting v/~-~-'~ this parcel?' If yes, please submit copy of deed. /~o~- Are there any building permits pending on this parcel (or abutting land under-your ownership, if any)? Yes State Permit # and Nature: 10. ll. 12' Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trostees County Health Department ~/y' Village of Gree.nport N.Y.S.D.E.C. Other Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of~sale. (from contract). Is new construction proposed in the area of contours at 5 feet or less as exists? If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? 13. Please list present use or operations conducted upon the subject property at this time and proposed Yes Yes Yes Yes Yes Yes Yes Yes I certify that the above statements are true and are bei. ng submitted for reliance, by~gJ~e Board of~peals/in considering my.application. · Signai:ure- (Property Owner)//(Authorized Agent) No No No No No No No 3/87 1 k § 97-13 WETLANDS § 97-13 TOWN -- The Town of Soutbold. TRUSTEES -- The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6-1984[ WETLANDS [Amended 8-26-7(; by L.L. No. 2-1976; 3-2(7- 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, whicb at mean Iow tMe are covered by tidal watcr~, to a maximum depth of five (5) feet, including but not limited t~ banks, _bogs, salt marsh, swaraps, meadows, flats or other low lying lands subjt~i:t to tklal action; (2) All banks, bogs, meadows, fiats ami tidal marsh subject to such tides and upon which grows or may grow some or any of thc following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundscl, marshmallow and Io,v march cordgrass; and/or All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of thc rnn~*t lamlward edge of such a tidal wetl:md. B. FRESIIWATER WETLANI)S: (1) "Freshwater~vetlan Is is defined' in Article 2.1, Ti- tle 1, § 2,1-0107, Subdivisions l(a) to l(d) inclusive, of the Environmental Conserv'ation Law of the State of New York; and (2) All land immediately adjacent to a "freshwater wet- lamt," as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 TOWN OF SOUTHOLD OEFR'E OF BUILI)ING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 CERTIFICATE OF OCCUPANCY TEL. 765-1802 October 10 1986 DATE ........... ' .... Vacant This CERTIFIES thnt thc lot ........................................ I'rkw~t,e ROW North of Rte 48 Peconic Location of Property .................................................... HOUSE [~ STREET HAMLET 73 4 p/o 2 County Tax Map #, Section ............. Block ................ Lot .......... M/o CaboL's Woods 1 Subdivision ........................... Filed }lap # .......... Lot # ........ conf~rms substantially to the applicable provisions of the Zoning Code o5 the Town of Southold. The premises are located in the 'A'Residential Agricultural Zoned District and may be used for such uses as are presently authorized by the Zoning Code in such district subject to, however, all of the requirements of the Zoning Code. SI)b,!},;CT to 280A CONDITIONS MET I I/2/87 Richard & Sophia Greenfield The certificate is issued to (owner, the aforesaid Int. Building Inspector Rev. 7/86 FORM NO. 6 TOWN OF SOUTHOLD Building Department Town Hall Southold, N.Y. 11971 765 - 1802 APPLICATION FOR CERTIFICATE OF OCCUPANCY Instructions A. This application must be filled in typewriter OR ink, and submitted ,., -,,~==-- to the Building Inspec- tor with the following; for new buildings or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natur,~l or topographic features. 2. Final a[,~r~val of Health Dept. of water supply and sewerage disposal-(S-9 form or equal). 3. AFprov;d of electrical installation from Board of Fire Underwriters. 4. Commerei;d buildings, Industrial buildings, Multiple Residences and similar buildings and installa- tinns, a c~r~ificate of Code compliance from the Architect or Engineer responsible for the building. 5. Submit Pla.ning Board approval of completed site plan requirements where applicable. B. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing" land uses: 1. Accurate survey of property showing all property lines, streets, buildings and unusual natural or topographic features. 2. Sworn statement of owner or previous owner as to use, occupancy and condition of buildings. 3. D;~te of any housing code or safety inspection of buildings or premises, or other pertinent informa- tion required to prepare a certificate. C. Fees: 1. Certificate of occupancy $5.00 2. Certificate of occupancy on pre-existing dwelling 3. Cop,/of certificate of occupancy $1.00 4.Vacant Lanct C.O. $5.00 5.Up~]ated C.O. $15.00 $15.00 New Cons truct i~-7 . ...~'~Old or Pre-existing Building ............ Vacant Land ............. Location of Property.. ~..o~t..~,c. ~ ...~ ..... ., .'~, .(~. , Hou~ No. ~ ~ Ham/er Owner or Owners of Property ..~...,..~..~~ ...................... ..j CountyTax Map No. 1000Section ...~ ....... Block ...~ ......... Lot~/~.'..~ .... / Subdivision · ~ ·. ~ ...Filed Map No. .Lot No. Permit No ........... Date of Permit .......... Applicant ................................ . . Health Dept. Approval ................ : ....... Labor Dept. Approval ........................ Underwriters Approval ........................ Planning Board Approval ...................... Request for Temporary Certificate ..................... Final Certificate ................ Construction on above described building R,~. ,0-10-7a Ap p hca n t . .-,~--~, .~ .'~, ~ nd regulations. '7'"'{ ' s Southold, N.Y. 11971 (516) 765-1938 September 15, 1987 Sophia and Richard Greenfield Soundview Avenue SOuthold, NY 11971 RE: Cabot's Woods Dear Mr. and Mrs. Greenfield: The following action was taken by the Southold Town Planning Board, Monday, September 14, 1987. RESOLVED that the Southold Town Planning Board accept the access road report from Engineering COnsultant, Sidney Bowne with regard to the improvements to the access road of Sophia and Richard Greenfield, and the final inspection and acceptance of same. Enclosed is a copy of that report for your review. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. CHAIRMAN SOUTHOLD TOWN PLANNING BOARD enc. CONEUL~OI/R .UIWI'IR IIf~l~! SIGNING THIS INSTRUM;]IIT. TI'.4S INSTRUMENT ' ~yof .Octobe~ ~et~ h~dmd~d eighty-four C~OT MORG~, resid~g at 3 Howland Street, C~ridge, MassaUhusetts, VIC~RIA BENEDICT ~d A~XIS MORG~, both residing at 2247 72nd Avenue, S.E. Mercer Island, Washington, as joint ten.ts and not as ten.ts in CO. on, with right of survivorship, ~d to the heirs and' assigns of the survivor forever, party of the first part, and GREENFIELD and SOPHIA GREENFIELD, his wife, both residing at (No ~) Soundview Avenue, Southold, New "fork 11971 DIS! i000 SECT~ 073.00 BLOCK 04.00 LOT 002.000 party of the second part, '#iTNF..SSETH. that the party of the first part, in consideration of ............... TEN ($10.00) - - -' ......... dollars, , lawful money of the United States, - ........ - - paid by the party of the second part, does hereby grant and release unto the party of th~ second part, the heirs or successors and ass/gns of the party of the second part forever, ALL that Certain plot, piece or parcel of hnd, with the buildings and improvements thereon erected, situate, lying and being' in the Town of Southold, County of Suffolk and State of York, bounded and described as follows.. gL a.t a point marked b,, a .... )f une premises herein descri,= - -,un.u.me.nt at the southeasterl c astd~ly corner of th~ ~_e~,~ wn.lcn_ point is the northe~]Y~, ~o~rner ~.' "~ -~.u hereto=ore conveyed by Haro~=E.~' · th and Alvah B. Goldsmith to C1 . · _~b? deed dated 12/31/54 =.~ ...~.._aren.ce F. Dlller and Mil . line ~z ~and now o~' ~= .... '~ ~-,.- -,~uh po~nt ad4oi,. ~_ _.rose j. ~ -~,,,~r~y o~ Steve Sledjeski)~. "- ~-~ southwesterly THENCE along said land of Diller, South 49 degrees 08 minutes a distance of 458.55 feet tO a point marked by a monument and land of Diller; THENCE Still along said other land of Diller, North 47 degrees 53 minutes 30 seconds West, a distance of 188.05 feet to a point; THENCE still along said otherland of Diller, North 48 egrees d .3 minutes 20 seconds West, a distance of 521.68 feet to a point marked by a monument and land now or formerly of Walter Ross; RUNNING THENCE along said land of Ross, North 43 degrees 01 minutes ~0 seconds East, a distance of 158.70 feet to a point marked by a ~onument; ~UNNING THENCE still along said land of Ross, North 40 degrees 17 min~ ltes 30 secondswest, a distance of 365.54 feet to a point; ~UNNING THENCE North 3 deg.rees 08 minutes 20 seconds West, a distance )f 80.C_+feet to. ordinary high water mark of Long Island Soun.d; ' (UNNING THENCE ~n a southeasterly direction along ordinary h~gh water ~ark of Long Island Sound, a tie line COurse which ~egrees 26 minutes 50 seconds East, a lstance of 302.47 feet to land %oW or formerly of Henry Reichman; d' runs, South 83 RUNNING THENCE along said land now or formerly of Henry Reichman, South 49 degrees 02 minutes 50 seconds East, and passing through a monument, a distance of 936.50 feet to the point or place of BEGINNING. TOGETHER WITH the nonexclusive right to the use of a right-of-way 10 feet in width, commencing at the northwesterly line of County Road 48 and running northerly through land heretofore conveyed to Diller, adjacent to the westerly line of land now or formerly of Sledjeski, extending to the southeasterly corner of thepremises; the easterly border of said right-of-way more particularly described as follows~ BEGINNING at a point marked by a monument on the northwesterly line of County Road 48 (which point is the southeasterly corner ofland now or formerly of Sledjeski); RUNNING THENCE The following courses North 47 degrees 46 North 46 degrees 29 North 43 degrees 01 North 52 degrees 58 North 48 degrees 31 North 59 degrees 48 North 37 degrees 38 North 49 degrees 02 and distances: minutes West, a distance of 699.15 feet; minutes West, a d~tance of 106.5 feet; minutes West, a distance of 43.1 feet; minutes West, a distance of 56.3 feet; minutes 50 seconds West, a distance of 653.01 feet; minutes 40 seconds West,a distance of 20.38 feet; minutes 30 seconds west, a distance of 20.37 feet; minutes 50 seconds West, a distance of 2456.56 feet; TOGETHER WITH and SUBJECT TO the terms and Right-of-Way agreement in Liber 4214 page 510. SUBJECT MOREOVER to the condition that in the event a public highway shall be laid out and dedicated to the Town of Southold extending in a general East-West direction, the right to the use of so much of said right-of-way as may be southerly of said public highway shall there- upon cease and terminate. SUBJECT, also, to the right-of-way heretofore granted to Walter S. Ross and Solita Bmss, his wife, by deed dated August 22, 1953 and recorded in Liber 3571 of Deeds at page 303. TOGETHER with all the right, title and interest, if any, of the party of the first part in and to the beach,.waters and lands under water of Long Island Sound in front of and abutting said premises. TOGETHER with the right to make changes and alterations in the course and location of the right-of-way as set forth in Liber 3571 page 303. BEING AND INTENDED to be the same premises conveyed to the selloTs herein by deed datedSeptember 14,'1971recorded on September 30, 1971 in the Suffolk County Clerk's Office in Liber 7016 cp 302. TOC~'I~I~R with all fight, title and inter.t, ii any, of the party of the first part in and to any Streets · roads abutting the above described premises to the center hnes thereo , TOC~THF..R with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO I-~AVE AND TO HOLD the premises her~in granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever· .I AND the party o! the first part covenants that the Party of the first part has not done or suffered anything whereby the said premises have b~n incumbered in any way whatever, except as aforesaid. party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eratlon as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment o[ the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNF. S$ WHEREOF, the party of the first part has duly executed this deed the day and year first above IN pRESENCK OF: V~ctoria B.enedict Alexis Mor~ ~SACHUSETTS ,;f couN. oF id',. · ~ 25th ~Y of October 1~4 , ~for~ m~ .r~ally ~e Maud Cabot Morgan, Victoria Benedict and Alexis Morg~ to me ~o~ m ~ the indMd~ d~ in ~d who ex~ut~ the~ fore~ing instant, ~d a~owiedg~ ~t they ~ted &e ~e. ~ ( Notary ~lic STATE Of HEW YOKK. COUNTY Of SSt On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the of , the cbrporation described in and which exeCuted the foregoing instrument; that he knows the seal of said corporation; that the seal aff~xed to said instrument is such corporate seal; that it was so afl~xed by order of the board of directors of said corpora- tion, and that he si~ned h name thereto by like order. STATE OF NEW YOKK, COUNTY OF On the day of personally came 19 SS: , before me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the ~me. STATS Of NEW YOKK, 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 depose and say that he resfies 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. Morgan/Benedict TO Greenfield IAKBAU/Slik Iir NL'W Y~ll BOABB Iir TlR[ NFIwlliiui Distributed by CRI(~fkGO Trl'J~B iNSURANCE COMPANY SECTION BLOCK LOT ~ TC.Wt~ of Southold county of Suffolk CHICAGO TITLE INSURANCE COMPAHY R~um ~ Mall to ph H. Bruer, Esq-- P.O. Box 1466 Main Road Southold, New York 11971 Zip No. 21.65 uOHG T( D Southold, N.Y. 11971 (516) 765-~938 .... November 28~- 1984 Richard and Sophia Greenfield Soundview Avenue Southold, NY 11971 Re: Minor subdivision for Richard and Sophia Greenfield Dear Mr. and Mrs. Greenfield: Please let this confirm the following action taken by the Southold Town Planning Board, Monday, November 26, 1984. RESOLVED that whereas, a formal application for the approval of a subdivision plat entitled Richard and Sophia Greenfield to be known as "Cabot% Woods" located at Peconic was submitted to the Planning Board on February 14, 1984 and, filing fee of $100 was paid on February 14, 1984, and WHEREAS, a public hearing was held on said subdivision application and plat at the Town Hall, Southold, New York, on Monday, November 5, 1984 at 7:30 p.m., and WHEREAS, the requirements of the Subdivision Regulations Town of Southold have been met by said subdivision plat and application, of the NOW, therefore , be it RESOLVED that the application of Richard and Sophia Greenfield for approval of said subdivision plat to be known as "Cabot's Woods" prepared by R. Van Tuyl, dated February 2, 1984 and last amended November 7, 1984, be approved and the chairman be authorized to endorse approval on said subdivision plat subject to the following conditions within 6 months from the date of this resolution: 1. Filing of the covenants and restrictions as approved by the Town Attorney with the Suffolk County Clerk. Upon receipt of notice that this condition has been met, the Chairman will endorse approval on the map. DMS Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD DECLARATION OF COVENANTS AND RESTRICTIONS Declaration made as of this ~ day of ~oc~5~g, , 1984 by Richard and Sophia Greenfield, residing at Sound View Avenue, Southold, N.Y. 11971, hereinafter referred to as Declarant. whereas the Declarant is the owner in fee simple of a certain parcel of land situate at Peconic, Town of Southold, Suffolk County, New York, and designated on the Suffolk County Tax Map as District 1000 Section 073 Block 4 and Lot 2 containing approxi- mately 9.46 acres, to be known and designated as Lots 1 through 4 in the minor subdivision to be known as "Cabot's woods", being the same premises acquired by the declarant by deed dated October 25, 1984, and Whereas the Declarant intends said premises for residential purposes and desires to preserve the scenic beauty of the area, provide sanctuary for wildlife, and protect natural vegetation to provide for future enjoyment; and to insure that all construction in the community is harmoniously designed and planned and values enhanced; Therefore, the Declarant does hereby declare that the aforesaid premises and every portion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises, or any portion thereof, by the acceptance of a deed thereto, covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions, and restrictions herein- after set forth. 1. No sanitary disposal facility shall be installed or construc- ted within 100 feet of the top edge of the bluff. ~~of to residential structure shall be constructed within '100 feet he top edge of the bluff. 3~ The approval of the subdivision shall be made subject to the meeting of all standards and requirements of the Suffolk County Department of Health Services. 4. No stormwater runoff resulting from the development and improvement of the lots or the subdivision shall be discharged down the face of the bluff in any manner. 5. No grading shall be permitted within 50 feet of the top edge of the bluff except that which may be necessary to control or remedy erosion or to prevent stormwater from flowing over the edge of the bluff. 6. Clearing and cutting of vegetation within 50 feet of the top edge of the bluff shall be limited to that necessary for maintenance and access to the beach. 7. Access to the beach shall be by means of a structure designed and constructed in a manner that will result in the least disturbance of the stability of the bluff. 8. No lot may be further subdivided in perpetuity. 9. Access to any of Cabot's Woods beach area of 302.47 feet shall be strictly limited to owners and guests of the four designated lots and cannot be assigned or transferred to any other property or properties or individuals. 10. Any residential building shall contain a minimum of 1400 square feet of floor area exclusive ofgarages, carports, open breezeways, patios, terraces and basements, with at least one story containing a minimum of 1000 square feet. 11. NO building, fence, wall or other structure, or change in landscaping shall be commenced, erected or maintained upon any lots, nor shall any exterior addition to or change or alteration of any thereof be made until plans and specifications showing the proposed improvement, including the height and location thereo~ and the materials and colors to be used, shall have been submit- ted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Declarant, its successors or assigns. In the event said Declarant, successors or assigns fails to approve or disapprove the same within thirty (30) days after said plans and specifi- cations have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. 12. No trees shall be removed from the 10 foot walking right-of- way, as shown on the subdivision map, without the prior written approval of the Declarant, its successors, or assigns. 13. Use of the 10 foot walking right-of-way and of the beach easement in favor of lots 3 & 4 by the owners thereof or their guests shall be at their own risk, and the owner of lot 2 shall in no way be responsible for maintaining same or for injury to said owners or their guests. 14. The maintenance of the right-of-way over land now or formal- ly of Minakyan, providing access to all 4 lots from County Road 48 shall be borne equally by the owners of all 4 lots, and said right-of-way shall be maintained in such condition as would satisfy the 1971 requirements of the Southold Town Building Department. 15. The maintenance of the 25 foot right-of-way connecting all 4 parcels to the right-of-way over land of Minakyan shall be borne equally by the owners of all 4 lots, and said right-of-way shall be maintained in such condition as would satisfy the 1984 requirements of the Southold Town Building Department. 16. The maintenance of the 10 foot right-of-way traversing lot 2 shall be borne equally by the owners of lots 2, 3 and 4, and said right-of-way shall be maintained in such condition as would satisfy the 1971 requirements of the Southold Town Building Dept. 17. The need for road maintenance and the cost of repairs, if any, based on the previously stated requirements, shall be deter- mined at least annually by the Declarant, its successors or assigns, subject to the approval of at least one other of the concerned Lot Owners. In the event said Lot Owners fail to either approve or disapprove the same within 30 days, approval will be assumed. Upon being billed for any assessment by Declarant or its successors, each Lot Owner shall pay such assessment within 30 days of receipt of said assessment, said assessment shall be a lien on the real property of the assessed lot. Declarant, its successors or assigns shall have the right to proceed in accord- ance with all necessary legal action for the foreclosure and enforcement of liens, and it shall also have the right to commence action against any Lot Owner for the collection of any unpaid assessment in any court of competent jurisdiction. 18. Ail of the covenants, conditions and restrictions contained herein shall be construed as real covenants running with the land and shall continue and remain in full force and effect at all times, said covenants, conditions and restrictions shall be enforceable by the Declarant, their heirs, successors and assigns and the failure to enforce any of such covenants, conditions and restrictions shall in no event be deemed a waiver of the right to do so thereafter. 19. Except as set forth in paragraphs numbered 1. through 8. above, Declarant hereby reserves the right to alter, modify, terminate or annul any of these covenants in whole or in part without the consent of any person. IN WITNESS WHEREOF, this declaration has been executed the day and year first written above. STATE OF NEW YORK CountyofSuffolk ss.; I, JULIETTE A. KINSELLA, Clerk of the County of Suffolk and Clerk of the Supreme Court the State of New York in and for sa d County (said Court be~n a of HEREBy CERTIFY that I have COmpared the annexed c ' ~ Court of Record) DO whole ,b~r~'o;."u [rue copy of such original ' :~.~.~o ~'..,~ ¢7 C~ .7-~.V add [TESTIMONY WHEREOF, I have hereunto set m hand and affixed the seal of said and Court this ~ day of ~.. 19 Clerk. ~o t~y Public ~{ARY D{ANA FOSTER NOTARY P~DLIC. State of Ilew York No. 52-4655242, Sulfolk Counly Commission Expires M=rch 30, ]9ou ROBERT W. TASKER Town Attorney OFFICE~C 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 November 20, 1984 NoV 2 6 1984 TELEPHONE (516) 477-1400 Mr. Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall Southold, New York 11971 Re: Cabot's Woods Subdivision Sophia and Richard Greenfield Dear Mr. Orlowski: I have reviewed the proposed Declaration of Covenants and Restrictions relative to the above subdivision and approve the same as to form. YOurs very truly, ROBERT W. TASKER RWT :aa · That the garage be located at least 20 feet from Mark Read in the backyard area as determined by the Original front yard, which was on Youngs Avenue. Vote of the Board, Ayes,- ~esars: Gillispie, Bergen, Hulse. ...... PUBLIC HEARING, Appeal No. 1381 - 7~5 P.M. (E.~.T.), upon application of Harold E. &'Alva~B. Goldsmith, Wells Avenue, 5outhold, New York, for approval of access over private right-of- way, in accordance with the Ztateof New. York Town Law, ~eotion 280A. ~ooation of property* Private right-of-way off north side of ~tddle Road (0R27), Peconic, New York, bounded north by H. & A. Goldsmith, east by Peoonto Properties and Henry Relohm~n, south mddle Road ¢0R27), westb .0. lller others, paid 5.00. ...... The Chairman opened the hearing by reading the application for approval of access, legal notice of hearing, affidavit attesting to its publieatio~ in the official newspapers, and notice to the : ~applicant. ' ' ~'~ . 'THE CHAXRPL~N~ Is there anyone present who wishes to speak for this application? ~ . .... "ALVAH GOIDS/~TH: I would like to speak for it. I would like to say it was left tome and my brother. There was a house that we, as a family, rented for many years dating back to 1918. of the property up there was sold (we own it). .... ..~ 'THE CHAIRMAN: How deep does you/, property extend back from high tide? : : '- I~R. GOLDSMITH, ~he a~ea is a little over nine acres. We owned a farm in the ~0~s~hefore~zoning._'! :: · What was the total acreage of the farm, 50 THE CHAIRF~N: acres? ER. GOLDSMITH* That was tho original total. TBE CBAIRMAN: When you sold to Diller I understand you ~etained a ~i~ht-of-way over t~ easte=ly borde~ of t~ property. ~. GO~S~H: At t~ ti~ this was subject to as and w~n It mi~t be advantageous to ~ve i~ in ~other location bu~ t~t was never exercised. It was discussed at t~ ti~ the p~operty was sold But it neve~ c~e to pass. I~ was Just idle T~ C~: ~is is the only possible ~y you ~ to get to this property. It is 10 feet wide and measures a mile and one- tenth. It,s a tour~ road. Now you want to sell this whole nine acres · to due ~divtdual? Who is the individual who hns the place now? ,' FR. GO~ I~. Boss; m~ property on tho east. He has a ~S~ht-of-wa~ ovo~ t~ sa~ road but Just uses ~t in t~ ..... T~ C~ ~Is rl~t-of-~a~ w~de~s off the l~e. You ~ one thin; ~ c~;t do Is ~t a ;l~t-of-wa~ over · 'e~e~s p~ope~ty. ~. G0~: You ~ you would require a copy of t~ Deed? · :'~'.""T~ O~ X th~k it shou~ be In t~ ~ecord. 'The only thing ~e o~ ~t la w~t is ~ yo~ Deed. "Even do~g v~g the ~tate ~ so~w~t, which we ~ve ~ power to do. ~e ~tate ~w ~equ~es X6 feet. -' '~. G0~i ~n did it go ~to effect? Xt see~ st~ge to ~ t~t at the ti~ the papers ~e dra~ ~ ~e were not aw~e of t~t fact~ reg~ding ~idth ~d ~ight-of-way. That ~as before '' ~ C~ ' ~ was ~ondering ~t the t~nking ~s when you ? so~ ~t ~ ~eg~ds to passing. You could not pass ~o resoles on a 10 foot rift-of-way~ ~. GO~H~ T~re ~e several t~n-offs. IV~; IIUI~E~ If a fellow o~ned the property and wanted to put up a fence, that would be the end of the turn-offs. ' FR, GOLD~M~T~ 'At the time the Deed was dra~n it was understood that there would be a IQ foot right-of-way. I doult know ~hen the exact boundaries were delineated. I wish I had know~ this was re quire d. TIlE Ct~A~RI~A1;~ Whatever action we take will be subject to ~l~OUr producing the Deed. (The Chairman' read from the rules= o permit shall be issued unless street or high altitude, etc."). FR. GOIX~MITH: That applies to subdivisions. Tt~ OBA~RI~AN~ (continuing to read "where it would produce necessary hardship the applicant may appeal to an Administration officer, Building Inspector, etc."). That is the authority under which ~ are operating here. I can remember when 2§0A was origi- nally put in, and I have been dealing with it since 1966-67. FR. TERRY, Building Inspector= It was in longer then that and nobody paid much attention to it until banks a~d city lawyers became interested in it. .... 1~. GOLD3M1TH~ (Referring to ~p) This is something that has been proposed for Just so many years ~ hesitate to bring it up. There is a road going from ~oundview Road and connecting with O~egon. Apparently iris on the map now in which case iris a right-of-way. Henry ~mlth has a certain area th~ro. This is, I would..sa~.,. ~ ~mO~re than one-half way from existing roads to our area. THE CItA~v~Is How much further do they have to go? -' 1~,' GOLD~I~H~ X think one or two farms. There is a road now tb~t goes UP to Vails Road. TBE CItA~tMAI~ Xs that a To~n Road.~ ~. TERRY, Building .In. spector~. It will be eventually. I~. GOIDSJtlTH~ "(Discussing'the map with the Board members) This dotted line shows two roads; two separate roads eventually going thro_~ there. This was originally proposed connesting with ~oundview and Oregon. .............. THE CHA~t~I~ Iris a couple of thousand feet to get to your property. . 1~. GOLDSI~ITIt~ This line will go through the middle of it. I~t. I~AROLD GOLDSMITHS If and when that highway wont through we ~ou~ give Up o~ ri~tTof-way to Nor2h Road. T~ C~ ~ wonder if ~hat shou~ no~ be ~serted in t~ action of this Bo~d. It will have to be i~roved, ~d t~ only thing we c~ approve is t~ ~ea ~der discussion, subject to ~speotion of t~ Bui' ~ins Deponent. I would think you would have to set a bulldoze~ ~ ~d ta~ down t~ ~dgerow. ~. H. GO~S~ ~. Dt~er ts supposed to ~tain the ~ight-of-way. ~ C~ ~ presu~ you ~e asking for access because you ~e going to se~... ~. A. G0~S~$ ~e people who a~e in~erested ~e interested because t~y ~t to build a house on i~. T~re ls Just cae ~. T~ O~ Is there elect~ici~? ~. H. G0~S~B~ Yes~ ~d re,phone. ~ C~,~z it' ~s to be suitable for e~rSency vehicle; fire truc~, a~u~ce, etc. -6- · F~, GOLDSHITH= I can only say I assume from what I heard ' that the prospective buyer has been up there many times and is willing to proceed if he san get permission to build a ho~e. -~o~ we ~e ~re ~o oomp~ ~n ~ wa~ we can w~th whateve~ rules and re~u~ions there ~e. ~s situa~ion ~s existed f~o= a l~ng tl~ %efore ~egula~ioms. '-" 'THE CHAIRHAN: We santt be put in the position of ~an{ing a right-of-way over someone else~s property. M~. OOLDSI~'THs Would the width .or the location of the right- of-way have any beaming? The fact that the right-of-way has been 10 feet wide for ove~ twenty years and that it was prior to zoning, would this have any beaming? .. THE CHAIRMA~s I think it does %ut this man maywant to divide-it.~___ _ _ so the righ~ proble~"-What we would WOUAa De I0--f~t~the~gt-~[-~i~ [[ng~f the Dillsr property. '1~. GOLDSMITH~ It is along the easterly line of the property. There is an existing right-of-way now. It can be shared. ' ' THE CHAIRMAN~ We run into a situation.., there may be a tree so the right-of-way nattu, ally goes a~ound the tree. ~ou may wander ove~ on Ross~s property. ..... I~R. GOLDSM1TH~ Rose is on the northwest corner. H~. BERGF~ This property surrounds him? THE CHAIRI~J~ His property crosses your property? ~R. GOLDSI~i~h Yes. ER. H. GOLDSMITH: I suppose whoever buys access wherever he wants it. it could make the ER. BERGEN~ The road has to be improved for fire trucks and ambulances. 1~. A.'GOLDSM~TH: They can,t go up there for the other people. These people have the same access as we do. 1~. HULSE~ They were there before we were responsible. THE CHAIRI,M~N~ How . .m~ny people use that right-of-way? ER. GOLDSI~[TH: Ross. He sometimes uses the access of Relehman. He has a friendly relationship. He goes that way sometimes. Tho fact of the matter is that the Diller~s are responsible and they would have to maintain that access in better form. There has been no fuss about it. THE CRAXRMAN= There will be a fuss now because this fellow wants to buy and will have to improve the right-of-way for fire trus~s an~ what he will have to improvo is l0 feet. I think we should postpono d~.cision until we see your Deed. 1~. GOLDSMITH: I would be very happy to get it for you. .... ' 1~.' RU~A~EI Is it something that in pressing? Do ~ou hav~ Deed at ho~ ~e could pontp~e ~t~l later th~s, '~ GO~S~ '~ ~ou~ have to get hold of Eenn~e Terry. I believe he ~s a copy. . ~ '~ C~'~ I believe t~ Bo~d ts inclined to act favorably but Before ~t~g ~ would have to see w~t we are doing. ~. GO~S~H~ ~at would be t~ e~liest action? T~'C~: We ~e~ every t~ee weeks bu~ could ~ant " subject to a defied ~ight-of-way because if would ~ve to defoe it' ............................. .... T ~ C~E~: "Is there ~yone present who wishes to s~ak against this application? !3o ?espo. ) After investigation and ~3spection'the Hoard finds that the applicant requests permission for approval of access over private right-of-way in accordance wit~ the state of New York Town Law, Section ~§0A. A right-cf-way borders the easterly line of the property of Diller, and has been-used for over twenty years. When property was sold to Diller, Harold E. and Alvah E. Goldsmith retained right-of-way over easterly property of Diller. The applicants propose to sell the property to one individual who w~shes to build a house on it. The right-of-way is 10 feet wide, and off the north side of Middle Road (CR27), Peconic, New York. 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 sha~ed by all properties alike in the imm~diate vicinity of this property and in the same use district; and the vurianse will not change the charaster of the neig~aborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gilltspie, seconded by Mr. Hulse, it was RE~0LVED Ita~old E. and Alvah E. Goldsmith, Wells Avenue, ~outhold, New York, be GRANTED approval of access over private right-of-way as applied for. Location of property= private right- of-way off north side of Middle Road (OR27), Peoonto, New York, bounded north by H. & A. Goldsmith, east by Psoonio Properties & Henry Rsichm~n, south by Middle Road (¢R27), west by others. This approval of access is GRANTED subject to the follOWin~ conditions: 1. Applicant must produce Deed showing that 10 foot wide right-of-way bordering the easterly line of property of Dlller does exist. 2. Xt is understood that one residence may be constructed on ~his. _p~operty. ........ ~ ' 3. That the right-of-way bo improved to the satisfaction of the Building Department in order to provide for access of emer- gency vehicles such as fire trucks, ambulances. "-4'' This a~ti6n ~obeo°me final ~hen the applicant produces Deed showing proof of existence of 10 foot wide riEbt-of-way. Vote of the Board= Ayes=- Messrsz Gilltspie, Bergen, Hulse. " PUBLIC BEARING: Appeal No. 1382 - 8:00 P.M. (E.S.T.), upon application of Kenneth ~chold, Soundview Avenue,'5outhold, New York a/'o ~amuel ~, Cohen, Leeton Drive, Southold, New York, for a variance in accordance with the Zoning Ordinance, A~ticle III, Section 300, ~ubseotion 6 & Article III, Section 309, for per- mission to locate accessory building ~n front yard area. Location of property= north side of Leeton Drive, Southold, New York, bounded north by L. I. Sound, east by Jeanne C. Lowell, south by Leet0n D~lve, west by G. A. Goldner. Fee paid $5.00. '' The Chairman opened the hearing by reading the application f~ a va~ianee, legal notice of hearing, affidavit attesting to its publication in the official newspapers, and notice to the applicant. THE CEAIR~MANz Is there anyone pre~.ent who wishes to speak for this application? 1~. EENNETH S~HOLD= I am here in reference to the application but have nothing to state other than what is in the application. THE CHAXRMAN~ This is an application for an accessory build- ing in the front yard area. The baekyard area is Long Island gound. There are other acceesary bUlldings in the front yard area of Leeton Drive. T~E CEA22~MAN~ Is there anyone present who wishes to speak against this application? ~. BERGEN: Has the applicant thought of building un attached garage? MR. ~CHOLDI It has been discussed. Itts a personal thing. It would probably be better attached because it would be in the building line. SEP 2S TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 TEL. 765-1802 September 28, 1984 TO: Chairman Flanning Board--Bennett ~lowski FROM: Executive Admin.--Victor Lessard ~ SUBJECT: R.O.W. to R. &~$. Greenfield'Sub-division VL:hd Gentlemen: Work has.been going on all this week on the Right of Way to the Greenfield Sub-division. It is my Opinion that the requirements to up- grade this approved Right of Way has more than met the requirements of the original ap- proval and that of today. The updated approval has been given by this Department as of this date, September 28, 1984. § 100-119 S43L:THOLD CODE ~ 10~-11~i." ~,1,00-119. C.rner lots. IAmended 2-1-83 by L.L. No. 2-19S:t] On acorner!ot, front yards are required on ~=,~t2 street f:ont- ages. and one ~1~ yard other tea.", the frvnt ya~,ls shall dce::~cd t,; be a rear yard. and the other ,,r ethers, side yards. No obstructi~;n to vision exceeding th. iffy {30) roches in height aboxe curb level shall be erected or maintained at street intersections within the triangle formed by the street iines of such lot an'd a line drawn ketween points along suck street lines thirty 130t feet dis:an: front their point of intersecti,m. § 100-119.1. Fences, walls and hedges. [Amended 5-2~-73:_-~-$3 by' L.L. No. 2-19831 Subject to the provisions of § 100-119, fences, walls, hedges or other live plantings wit_ bJ..~, five. I51 feet of the prope~_.Zv lines ma.,,' be erected and malntame~, subject to the ~,iowL, ng height limitations: · A. When located in the front yard along the front .v~d property line. the same .hml not exceed four (4; feet in height. ~ B. When located along side and rear lot lines, the same shall not exceed slx and one-half (6~, ~) feet in height. "C. When located other than in the front yard area or along side or rear lot lines, ~he same shall not exceed eight (8) feet in height. Building setback from water bodies and wetlands. [Added 3-2685 by L.L. No. 4-1985] Notwithstanding any other provisions of this chapter, the following setback requirements shall apply to all buildings located on lots ad- jacent to water bodies ~nd wetlands: ts adjacent to Long Island~ound. All buildings located on lots adjacent to Long Island Sound. and upon which there exists a bluff or bank landward of the shore or beach, shall be set back not less ,< i00-119.2 ZONING than one hundred t l[' :1 feet from the top,-,f st:ch bluff. :' bank. · " Except as ,,t!:e:'~ise vrovided ;" St:b~ection _, Sound. E. A~I b=!i2!ngs ioe=:ed 3n '.ozs adjacent to tidal v.'a:er bodies o:~er ma., Long Island Se:md ~ ' b~, not less..x.. seventy-fve ~75, fee: from the ,,c.,.a.5 ...~., ~=~e. from zhe landward edge of the tidal we:land, whiehe',~r greater. C. Ail buildings l~ated on io~ adjaeen: to any freskwazer shall be set back not less t~an seven:y-nxe ¢.a) reef zrom the edge of such water body or not less than seventy-five (75~ feet from the landward edge cf the freshwater wetland, which- ever is greater. ARTICLE XlI Board of Appeals § 100-120. Appointment; membership. The Town Board shall appoint a Board of Appeals consisting of five {5l members, as provided by the Town Law. § 100-121. Powers and duties. In addition to such powers as may be conferred upon it by law, the Board of Appeals shah have the following powers: (Cont'd on page10055) $oUNO LONG /$LAND BOUND ./ R- 80 R-SO R-80 A~C TOWN OF SOUTHOLD PROPERTY OWNER STREET I VILLAGE RECORD CARD ' -~DIST. , '-SUB. LOT FORMER OWNER ~ES. i SE~S. iV'. 37~ LAND IMP. TOTAL ACR~r~!' ~?_. ~ TYPE OF BUILDING /alue FRONTAGE ON WATER FRONTAGE ON ROAD ..' DEPTH House Plot BULKHEAD Total This survey map has shaded in · .· building envelopes to provide room for . . . .,~, . , ~.,... ~,,~ ... :.. ~h~ construction of a reszdence and two ~- ~ ,~ . .:.%.- ..:.,~;.; / ,:. ~,.,~., ........ . ............ -, . ~ .... _ . accessory uu~u~,~. ...-.~,c~...-~... '. %-. '.~--.,..~-,' ,,~-.~:....~ . ... · . . <. . ~. .~ ' .~.., . . ~ ,... ~ . .. The main structure (residence) will be a two story wooden house, approximately 2000 2400 square feet. ,.,,&~,.,., .,...~ . .% .,.~ .... ~ .7 ..... . ~ .., ~.. u; , ..... , , ./~:, ~.~%..,/~v~ I.. . ~.~ The nroDosed ~ara~e will be a one ~%~,.;~ ..~,...~,.- ~ '., .,- . -' .' .' ... ' .,.~.~_ .;..~.~K , 3~ · , ' · f: ' · ~~~~:, ~*..'~., ~ ~ " - ~%- . ~ ~ , ~ . . .~.,.~. 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'', --" ~ A' ~ ' .., ~ . -., ~ ' ~ · . ..'¢~ . . ; '. : , .~ '. .~ . ~ . ~ ~ . . · · ~ · i . . ~)~. ~ ' / ,~i' ./ ' ''.~ .... ""-" · ' · , - ", 0'~ /- · · ' ,) ~ .' · · "./~ ." J ~ ' / · ' ~ ;~., . / ~ ' /... ..n ...~-',"-'~,,t..... ~, % ',.~. ~ ~/ / ~ ~ ~ . ,~ . ~ ' , :k'/'.-'/~' '.~ ~' ._.' .~v. , ~ - - ' ,-- ' ~/. '/" v :.",'~ ~.. ~ - . .~ ~ . ,- ' , ; ~ '~ .... ' , ~ . ~ . ~ .. .... · ~ - ':.-..'- : ~. ,- '..'" ~ .- '~ ~ I I--~ ', /. r~ '' ./ /~ :.. ', · ~_ , / ' [/,% . ..v. ",.'.'....~ ..: :~,:,.; - , ~',.~4 · -' ~.:":.". '-'.-' ~ . : . '. 4~ ~' ., .~ ~: . / '~' /.:~,~ -'-" BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter oT the Petition of to the Board of Appeals of the Town of Southold : NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ~Special Exception) (Special Permit) (Other) [circle cho±ce] ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribedasfollows: C~.~'07'3 .~/~O~../.r,, /Z:7~C'O,,7/c ..~/~',~,,,9~o~ ~ ~ ~ ~ 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Pelition, the undersigned will request the following relief: /o/c_ ra~.,r/-,~.~¢,,--6an · . - j J ~ I / S. Thai the provisions of the Sou~hold Town Zoning Code applicable to the relief sought by the under- signed are ~ci ~ ,~ _ //~.~ [ ] Section 280-A, New Yo~k To~n Law for approval of access over r~ght(s)-of-~ay. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (5~6) 7~5-~809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: //~/~ (," ~ /' ~- o~ ~" /'~ Petitioner Owners' Names: Post Office Address NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Code P 774 954 235 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FO" INTERNATIONAL MAIL .?.ee Reverge) .State an ZIP Code NOV' STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: /_.,~6 ' , residing at -.~ ~ ~A o / ~/ , being duly sworn, deposes and says that on the ~ day of ,,~/cx v~' ~ ~.~-~ , 19 ~ ~-- , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to e..ach 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 Town of Southold; that said Notices were mailed at the United States Post Of- fice at -~o c~ ~-'¢' c;/c./ ; that said Notices were m~iled to each of said persons by Sworn to before me this day of ."~/;t$~ , 19 ~_.~__ Notary Public Ne. 4707878, ~ Term Ex~ims t, breh 30, lq . (This side does not have to be completed on form transmitted to adjoining property owners.)