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Home My WebLink About4302 APPEALS BOARD MEMBERS Gerard P Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ._ Fax (516) 765-1823 Telephone (516) 765-1809 Appl. No. 4302. Upon Application of BARBARA DOW. Application based upon the January 10, 1995 Notice of Disapproval issued by the Building Inspector under Article XXVIII, Section 100-280B and New York Town Law, Section 280-A for approval of access to premises known as 725 Private Road #4, shown as County Tax Map Parcel No. 1000-17-3-11, Orient, NY, County Tax Map Parcel No. 1000-17-2-6, and over a private right-of-way extending off the north side of State Route 25 (Main Road). WHEREAS, a public hearing was held on March 1, 1995, at which time all who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered aH testimony and documentation submitted concerning this application; 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. This is an Application for Approval of Access pursuant to the provisions of New York Town Law, Section 280A, which aliows variance relief from the standard requirements for road improvements over a private right-of-way. 2. The right-of-way in question is located at Orient and is more particularly shown on a survey prepared by Roderick VanTuyl, L.S. as mapped October 18, 1994 for Barbara Dow and Others. The survey shows that the right-of-way easement is 25+- feet in width, extending north between parcels identified as 1000-17-3-10 (SHverstone) and 1000-17-4-3 (VanCleef). The right-of-way runs 437+- feet north, along lands of Silverstone, Welles, and Newell, and then to the north 205+- feet and westerly 175+- feet to the traveled portion, (proposed new. right-of-way easement area) over land of Rowsom, extending north approx. 150 feet to land of Dow. The easement area of the right-of-way which is proposed to be modified is that portion of the Page 2 - Appeal No. 4302 Application of BARBARA DOW Decision Rendered March 1, 1995 right-of-way which is over land owned by George Rowsom (17-2-7.1) and presently traveled, instead of the 50-ft. ROW show on the October 18, 1994 survey map. 3. The lot to which access is requested is presently improved with a single-family dwelling built in 1972 under Building Permit No. 5705. This appHeatlon, however, does not reflect a formal request for access to any other lots in thi.q vicinity, and this determination is limited to approved access for this lot and not to other lots claiming access over any portion of the right-of-way. Further appHeation for a variance from the improvement standards as provided by Town Law, Section 280-A, nmy also be requirod for the remaining lots along thi.~ right-of-way by separate application and ff necessary further improvements and upgrading as may be appropriate at that future date. 3. The condition of the right-of-way base for the first 437+- feet is excellent (blacktop macadam). The remaining portions of the right-of-way need some improvement, including the filling of potholes with 3[4" stone blend, rograding and leveling, and clearance 15-ft. wide and 14 ft. minimum height for fire trucks. It is also necessary to add 3/4-inch blue stone to a depth of not less than two inches to a width of 12 feet within the right-of-way easement area up to the parcel owned by Rowsom (7.1). The alternative easement area, prosently traveled, and owned by Rowsom as well as the remalnin~ right-of-way area over land owned by Dow, shah be improved with 2" of stone blend, regraded, to a 10 ft. width, and clearance of overgrowth to 15 feet in width. 4. It is noted for the record that the applicant has furnished proof of an easement and right-of-way by deed from Stern to Dow recorded at Liber 6730 page 234 dated April 10, 1970. 5. In considering this application, the Board finds: (a) that the grant of the variance, with conditions, is the minimum necessary to afford relief; (b) there has been no claimed benefit to the general population of the town, or alternative whieh may outweigh the benefit sought by the applicant; (e) the grant of the variance, with conditions, will not create an undesirable change in the neighborhood or nearby properties; (d) the circumstances show that the applicant's property does not have direct frontage on an existing town street or highway, however, the private right-of-way does gain access from the Main Road maintained by the State of New York as Highway Route 25; (e) in passing upon this variance, this decision conditions the issuance of buildln~ permits and certificates of occupancy to Page 3 - Appeal No. 4302 Application of BARBARA DOW Decision Rendered March 1, 1995 assure safe and sufficient access by trucks and other fire vehicles as well as access by other vehicles; (f) the variance will not have an adverse effect or impact on the physical or environmental conditions of the neighborhood or district. Accordingly, on motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT the Variance requested under New York Town Law, Section 280-A, pertaining to improvements upon the above-described private right-of-way, which provides unobstructed access to the premises identified as 1000-17-2-6 owned by the applicant Barbara Dow, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the entire length of the right-of-way be malnt~ined at a cleared width of 15 feet and cleared height of at least 14 feet; 2. That the entire length of the right-of-way be continu- ously maintained in good condition at all times; 3. That areas of the right-of-way which are not blacktopped/macadam be improved with the placement of two inches of 3/4-inch stone blend and regraded to a width of 12 feet, except that the right-of-way over land now or Rowsom (1000-17-2-7.1) may be reduced to a width of 10 feet with two inches of 3/4 inch stone blend, regraded and leveled; 4. That all potholes be filled with 3/4 inch stone blend, and continuous maintenance should there be ROW depressions that occur in the future. 5. That within 90 days hereof, the owner shall confirm a written easement between the applicant, and all subsequent owners, to a right over an alternative right-of-way over and upon lands identified as 1000-17-2-7.1, now of Rowsom, and a copy of said executed easement agreement shall be furnished to the Board of Appeals for permanent recordkeeping purposes; 6. That in the event the applicant is not able to obtain a written easement over that portion of land owned by GeOrge Rowsom as agreed, then the applicant will be required to reapply to the Board of Appeals for a further review and conditions relevant to the 50-ft. wide ROW over land of Rowsom, or other easement agreement of record; and 7. That all ROW improvements shall be located as distant as possible, and not be moved closer, to the "old cemetery grounds" Page 4 - Appeal No. 4302 Application of BARBARA DOW Decision Rendered March 1, 1995 (Lot 4) which is west of the Rowsom (7.1) parcel. Vote of the Board: Ayes: Messrs. Doyen, Goehringer, Dinizio, Villa, and Tortora. This resolution was duly adopted. RECEIVED AND FILED BY THE SOUTHOLD TOWN Cr.E~< Town Clerk, Town of Southo.!d APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lyd:ia A. Torto~a BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, MARCH 1, 1995, commencing at the times specified below: 1. 7:30 p.m. Appl. No. 4298-SE - PETROL STATIONS LTD. Request for Special Exception under Article VII, Section 100-71B for approval of office use(s) in this Residential-Office (RO) Zone District, in conjunction with the existing single-family dwelling unit, at premises known as 25235 Main Road, Cutchogue, N~; County Tax Map Parcel No. 1000-109-1-23. Subject premises consists of a total of six acres, which is located partly in the Residential-Office (RO) Zone District and partly.in the R-40 Low-Density Residential Zone District. '::' :';" 2. 7:35 p.m. Appl. No. 4299 - ROBERT S. HUGHES.'- Application based upon the January 23, 1995 Notice of Disapproval. from the Building Inspector, requesting a Variance under the zoning Page 2 - Legal Notice Regular Meeting - March 1, 1995 Southold Town Board of Appeals Ordinance, Article III, Section 100-33 for permission to relocate existing garage as an accessory building in an area other than the required rear yard. Property ID: 1025 Private Road #6, Orient, NY; County Tax Map District 1000, Section 17, Block 4 Lot 22. 3. 7:40 p.m. Appl. No. 4297 - CLAIRE CfL%MBRUN. Application based upon the January 9, 1995 Notice of Disapproval from the Building Inspector, requesting a Variance under Article IIIA, Section 100-30A.3 for permission to construct an addition to existing dwelling with a side yard setback at less than the required 15 feet. Property ID: 840 Pinewood Road, Cutchogue, NY; County Tax Map Parcel No. 1000-110-5-25. 4. 7:45 p.m. Appl. No. 4300 - GLENN SMITH - Application based upon the December 19, 1994 Notice of Disapproval issued by the Building Inspector, requesting a Variance under Article liE, Section 100-33 for approval of the location of existing .' accessory buildings and structures which will be in'-a front yard location, if and when the existing dwelling is re-located.. Location of Property: 2850 Bayview Road, Southold~ NY; County Tax Map No. 1000-75-4-22.3. 5. 7:55 p.m. Appl. No. 4301 - EDWARD AND VIRGINIA THORPi Application based upon the January 3, 1995 'NotiCe"of Disapproval Page 3 - Legal Notice Regular Meeting - March 1, 1995 Southold Town Board of Appeals issued by the Building Inspector, requesting a Variance under Article IIIA, Section 100-30A.3 for permission to reduce lot area and width (frontage) of two existing nonconforming lots, each with an improved dwelling, due to a proposed lot line change. Location of Property: 80 South Lane and 120 South Lane (a/k/a Oak Ct.), East Marion, NY; Gardiners Bay Estates Map, Lots 3 and 4; County Tax Map Parcels No. 1000-37-6-3.1 and 2.1. 6. 8:00 p.m. Appl. No. 4~02 - BARBARA DOW. Application based upon the January 10, 1995 Notice of Disapproval issued by the Building Inspector under Article XXVlII, Section 100-280B and New York Town Law, Section 280-A for approval of access to premises known as 725 Private Road #4, shown as County Tax Map Parcel No. 1000-17-3-11, Orient, NY, County Tax Map Parcel No. 1000-17-2-6, and over a private right-of-way extending.off the north side of State Route 25 (Main Road). The Board of Appeals will at said time.and place hea~ any and all persons or representatives desiring to be heard in'the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you Wish to review the files or need to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: February 10, 1995 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski X X FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ~. /' Date /../~i9. ................... , 19 ~.-~... PLEASE TAKE NOTICE that your application dated ...~ .................. 19 ~. for pe~,t to ~~.. ~..~~ ~~ .............. at Subdivision ................. Filed Map No ................. Lot No .................. ~ /~ "~ .... . ~ ...... ~ .... ~a~.~d .... ~..~~..~ ........... 1/80 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD November 6, 1995 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Richard E. DePetris, Esq. Scheinberg Schneps DePetris & DePetris One Union Square, P.O. Box 716 Aquebogue, NY 11931 Re: Appl. No. 4302 - Barbara Dow Right-of-Way Dear Mr. DePetris: With reference to the above application, this letter will confirm that the access improvements recently constructed have .been inspected and are acceptable at this time in meeting Conditions #1, 3, 4, 5 and 7 under the above application and New York Town Law, Section 280-A. Please be aware that in the future these rights-of-way must be continuously maintained for its entire length, and if found to be in need of repairs, the Building Inspector has authority to withhold issuance of any building permit or certificate of occupancy for any of the lots sharing this right-of-way until it is repaired. Please feel free to call us at any time if you have questions. //ffERARD P. GOEHRINGER /~ CHAIRMAN cc: Building Department Attn: All Building Inspectors i.;LDG. DEPT. TOWN OF $OUTHOI D Examined . ~ ........ FORM NO. l TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HAl. L :::;OUTHOLD, N.Y. 11971 TEL.: 765-1802 Approved ............... ~e~r,nit No ............ Disappr0ved: a/c~.../~ ......... BOARD OF HEALTH ......... 3 SETS OF PLA;itS ......... SURVEY .................. CHECK ';;L,', .............. SEPTIC ............. t,'OT I Py; CALL .................. HAlL TO: (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application must be completely filled in by Wpewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public sti'eets or areas, and giving a detailed description of layout bf property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will igsued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and admit authorized inspectors on premises and in building for necessary ~s?e~tion]. fi) ~) -/7 .regulations, and to · . ...... · ............ -- ~Clll~I~ (Signature of applicant, or name, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, en~neer, general contractor, electrician, plumber or builder. Ag ' Nameofownerofpremises ~q~'/~q~ra I~, 1~o~,' (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer.' : (Name and title of corporate officer) Builder's License No ....... Plumber's License No. . ........... Electrician's License No. Ot er Trade s hcense No. I. Location of land on which proposed wo~/w~l be done...~.. ( .mo. ~. ~..~. ~ .d.', M ( ~ ; ~ '~ r* ~ ~ r ba~a ~, ~o ~ ltouse Nmnber Street Hamlet County Tax MapNo. 1000 Section ...{~. ............ Block ...~ ..... ' Lot...~ ............... Subdivision ........ . ............................ '. Filed Map No ............... Lot (Name) ..... ': ........ 2; State existing use and occupancy of premises and iutended use and occupancy of proposed construction: a. Existing Use and occupancy .. 5.'9 fl.].~[ .(y..4.W.~ {t i ~]...(9~..~q ~.. (. p.~. ?r.q e~.~.~ I7.b~.g. lY}q,) b. lntendedu~andoccupancy ~atq~ o~-~9~l~ .d~d[lnr o~ ~oP ~ , · 3. Nature of work (check which ..): New Building .................... Alteration ......... Repair .............. Removal .............. Demolition .... ; ......... Other Work ..... ~.~ ..... (Description) 4. Estimated Cost ..................................... Fee .. · , (to be paid on filing this application) 5. If dwelling, number of dwelling units If garage, number of caxs ......... ' .............. Number of dwelling units on each floor ............... 6. If business, commercial or mixed occupancy, specify nature ................................. 7. Dimensions of existing structures, if any: Front and extent of.each type of use ..................... ............... Rear .............. Depth Height ............... Number of Stories ..... i ............ ' .............. Dimensions of shme structure with alterations or additions: Front ...................................... Depth .. ' ............... Height ................. Rear .................. Dimensions of entire new construction: " ......... ' ' .......... .. Number of Stories ..... 8. Front ............... Rear ..... Height ............... Number of Stories ............... Depth .......... 9. Size of lot: Front ......... , ......... ~ ·. Rear ...................... Depth ...................... I0. Date of Purchase .................... . ......... Name of Former Owner .................... ~ ......... 11. Zone or use district in which premises are situated....~:/--/.o. ............ .12. Does proposed construction violate any zoning law, ordinance or regulation: . fi 13. Will 10t be regraded ....... .. .................... Will excess fill be removed from premises: Yes No 14. Name of Owner of premises .~.qw..b,?.q .~ .O.q .~ ..... Address g 7 .U.q.~j.~ ?~. ~.. Name of Architect .... Name of Contractor ...... Address ........... : .... ..................... - ............ ...... Phone No ................ 15. I.s th±s property w±th±n 300 feet of a t±dal wetland? eyes ........ No ........ · If yes, Southold Town Trustees Perm±t may be required. _.. PLOT DIAGRAM Locate clearly and distinctly all buildings, Whether existing or proposed, and. indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or coruer lot. STATE OF NEW YORK, COUNTy OF...K'~a .~.'f91 .~ ..... S.S (Name of individual signing contract) above named. being duly sworn, deposes and says that he is the applicant (Contractor, agent, cor'porate officer, etc.) ' .............. of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his 'knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this ....... .t ...... '...day or.. P.e er,.. Notary Public, -~'~',,5, p.~..~.L~ .'..~.r..~./. ............ BARBARA~ ~DER~N ' .o. 01~ ' ~OUaI~ In Suffolk ~n~ County ... .o, (Signatm, e of applicant) . APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. '~'~cg~---- DATE .... .~.. ............. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. -BARBARA B. DOW -, .. 87 Mar~orie Court 1, (We) .................................................................. u, ................................................................... Name of Appellant Street and Number Manhas set N. Y. ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) Barbara B. Dow Nome of Applicant for permit of ...... ~.?...~l~[j.9.~.ie Cour.~.t ..M.~..n...h. ass.e...t.~....N....Y. - Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Access approval 1. LOCATION OF THE PROPERTY ..P...r.i.v. ate road from Main Road, Orient R-40 Street /Hamlet / Use District on Zoning Map District 1000 Section 17 Bl0ck2 Lot 6 , · 0Wner Barbara B. Dow ...... , .................. -- .............. burton: Mop No. · Lot No. Pri or Owner 2. PROVISION (SI 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 Section 3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box) ( ) A VARIANCE to the Zoning Ordinance or Zoning Map (×) A VARIANCE due to lock of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3) (~.oning Code §'100-235) () 4. PREVIOUS APPEAL A previous appeal ~ (has not) been made with respect to this decision Of the Building Inspector or with respect to this property. Such oppeat was ( ) request for o special permit [ ) request for a variance end was made in Appeo! No ........ ~ ........................ Dated ............................. ; ........................................ REASON FOR APPEAL (X) A Variance to Section 280A Subsection 3 (Zoning Code ~100-235) ( ) A Variance to the Zoning Ordinance ( )' is regues~ed for the reason that access to the subject prc~perty is over a private road and right of way frc~ Main Road to the subject property, and access fo Lot 1 of applicant's proposed subdivision is over Lot 2 of applicant's proposed subdivision. ~'orm ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- saw HARDSHIP~ The subject property contains a total area of 4.99 acres, is situate i'n the R-40 District, and is i~proved with a one-family dwelling. Applicant has obtained conditional sketch plan approval frcm the Planning Board and Health Depa~hL~nt approval for a subdivision of the subject property into t~o lots. Lot 1 has an area of 2.99 acres, contains the existing house and has access over Lot 2; such access is ov~r an existing "traveled road" on Lot 2, which access has been desigaated as a 25 foot right of way. LOt 2 has an area of 2.0 acres, a designated building envelope and a designated conservation easement covering all areas outside of the building envelope; the only uses allowed within the conservation easement are a driveway and a footpath. A covenant has been established which precludes further subdivision. Ail of the foregoing is pursuant to and in accordance with the conditioned negative declaration rendered.by the Planning Board under S~QRA. The Planning Board's conditional sketch plan approval is conditioned on receipt of access approval frc~ the Zoning Roard of Appeals. The Planning Board found that, due to the location of the existing "traveled road" and the terrain of the property, it is not feasible to. design the subdivision in a manner other than to allow LOt 1 access over Lot 2. The proposed subdivision is consistent .with. the character of the District and is designed to minimize impacts. Denial of access approval would require applicant to maintain as one parcel property having an area of 4.99 acres in a District zoned for lots having a minirm~ area of 40,000 sc~nre feet'. STATE OF NEW YORK ) COUNTY OF NASSAU ) Signature ..~.. December Sworn to this ......................................... day of ............. . ...... ]9 94. Notary Public DORIS DENICOLO · ~otary Public, State of New York No. 47~4123 Qualified in Nassau Count/ /~66-/?-.2- ~' TOWN'OF SOUTHOLD OWNER FORMER OWNER PROPERTY VILLAGE SUB. ACR. ' $ W TYPE OF BUILDING ~__~.~ /e r ~ -.0~. RES. 36 SEAS. VL FARM COMM. CB? MIC~. LAND IMP. TOTAL DATE REMARKS BUILDING CONDITION ~ AGE FA~ '~ Acre Value Per', Value Acre Tillable ' ;~ '~[~ ~, FRONTAGE ON WATER' W~land ..... ~ ~ FRONTAGE ON ROAD~ Meadow~d ~ ? ~,~, DEPTH, ~ .:' House Plot~. ~ ~:~:' BULKH~D M. Bldg. ?,3~/~ ~'o~ Extension Extension Extension . - Porch Porch Breezeway Garage Patio O~ B. ~i~ Total ~' COLOR Foundation Bath Basement Ext. Walls Fire Place TYPe Roo Recreation Dormer Floors Interior Finish Heat Rooms ist Floor ~ " Rooms 2nd Floor Drivewoy ~ LR. DR. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortom MEMORANDUM BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 TO: FROM: DATE: SUBJECT: Building Department Attn: All Building Inspectors Board of Appeals November 6, 1995 Requirement for Safe and Sufficient Access Private Road #4 North of Route 25, Orient Our File - Barbara B. Dow #4302 (280-A March 1, 1995) This will confirm that the above rights-of-way which extend north of Route 25, Orient, commencing with ROW ID #1000-17-3-11 will require updated, continued maintenance of the improvements to the base of the access routes in the future for the following lots, which share access over this right-of-way: 1000-17-2-6 (possibly 6.1 and 6.2 when split is created) 1000-17-2-7.1, 8, 9, 14, 3.1 1000-17-3-1, 2, 9, 11. Attached is a copy of the County Tax Map (dated 1995) which shows the area lots and rights-of-way highlighted in yellow and a copy of the map dated October 18, 1994 showing access roads prepared by Roderick VanTuyl, surveyor up to the proposed two-lot minor subdivision of Barbara B. Dow. Attachments COUNTY Of: SUFFOLK APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen. Jr. James Dirdzio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD November 6, 1995 Southotd Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Richard E. DePetris, Esq. Scheinberg Schneps DePetris & DePetris One Union Square, P.O. Box 716 Aquebogue, NY 11931 Re: Appl. No. 4302 - Barbara Dow Right-of-Way Dear Mr. DePetris: With reference to the above application, this letter will confirm that the access improvements recently constructed have been inspected and are acceptable at this time in meeting Conditions #1, 3', 4, 5 and 7 under the above application and New York Town Law, Section 280-A. Please be aware that in the future these rights-of-way must be continuously maintained for its entire length, and if found to be in need of repairs, the Building Inspector has authority to withhold issuance of any building permit or certificate of occupancy for any of the lots sharing this right-of-way until it is repaired. Please feel free to call us at any time if you have questions. Very truly yours, CC: Building Department Attn: All Building Inspectors GERARD P. GOEHRINGER CHAIRMAN 0CT-26-1995 14:22 P.~ So~x~m~.~o, SoH~~a's, D~. p~s & D~. P~s (516) 722-5100 FAX (516) 722-5093 TELECOPIER COVER SHEET DATE: 10/26/95 FROM: Richard E. DePetris I'0: Linda Kowalski NUHBER OF PAGES TRANSMITTED (including cover sheet): 1 LOCATION: Zoning Bd. of Appeals, Town Of Southold FAX #: 765-1.823 RE: Application of Barhmra B. DOW No. 4302 3, ///'?~ ~-/~ Our client advises that all the necessary work involving t~.e above application has been completed. We are, therefore, requesting that an inspection be made by your office and that we receive written confirmation that everything has been done according to the Board's requirements. TOTAL P. 01 August 10, 1995 Zoning Board of Appeals Town of Southold 53095 Main Road Southold, NY 11971 Re: Application of Barbara Dow Appeal No. 4302 Gentlemen: Enclosed please find a copy of the executed easement agreement dated May 30, 1995, which confirms the easement referred to in condition no. 5 of the Zoning Board of Appeals decision. As indicated, this agreement has been recorded in the Suffolk County Clerk's Office. Very truly yours, RED:ba RICHARD E. DePETRIS Enc. BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. RECKED (~) RE. AL ESTATE Number of pages Serial ~ TRANSF[R TAX rn I SUFFOLK Ce~ificate ~ J COU~ , Prior Ctf~ Deed/Mo~gagelnst~ment II , Stamps 4 I FEES Handling ~__ 1. Balc T~ TP-584 (~ .~ 2. SONY~ Notation Sub Total EA-5217 (County) Sub Tot~ ~ ~ 3. Spec.lAdd. EA-5217 (State) ~ ~ TOT. MTG. T~ ~P.T.S.A. ~ Dual Town Dual County Held for Appoflionment I Comm. of Ed. 5 , 00 , Transfer T~ Affidavit ~ ~ Mansion T~ Ce~ified Copy The p~pe~y Covered by tbb me.gage is or will be improved by a one or two Reg. Copy 2~ Sub Tot~ ~ ~ ~ . f~lly dwelling only. ~ YES or NO Other G~D TOT~ . ff NO~ s~ appropriate t~ tlauae on ~ ~ page g of this inatmment. ~ Real Prope~y T~ Se~ce Agency Verification ~ :~.~.~..:~{ Title Company Infomation ~:~, Dist Section Block ~t ~~] . ~ooo ¢ ~7~ ~ 2 ~ ~ ~ ~tanm / ~ Comply Name I~ln Tffie Number ~::;~1 FEE P~ BY: ~ Cash.~ Check ChargR~ · X E S~e~, S~eps, ~is & ~e~is Payer s~e as R & R__ P.O' ~x 716 ~e~ ~ 1~31 Om ~}~}~: ~CO~ & ~TU~ TO ~:~:~:~:~,~:~: (ADDRES~ Suffolk Coun Recording.& Endorsement Page This page forms part of the attached ~ne 2~8~,~ur~ made by: ~eed, Mo~gage, etc.) The premis~ herein i~ ~ituated in SUFFOLK COUN~ NEW YO~. B~ B. DOW TO ~P ffgo~' In the TOWN of 80HTHO~D GEORGE ' H. ROWSOH In the ~LAGE and ~DRE~ ROWSOH or ~MLET of orient THIS INDENTURE made this ~ O day of May, 1995, in and between Barbara B. Dow, residing at 87 MarjodtCourt, Monhasset, NY 11030, (hereinafter referred to as '"the Party of the First Part") and George H. Rowsom and Andrea Rowsom, husband and wife, residing at (Nog) Private Road, Orient, New York (hereinafter referred to as the '~Party of the Second Part"): ~3/HEREgtS, the Party of the First Part is the Owner of certain real property located in the Hamlet of Orient, Town of SoUthold, County of Suffolk and State of New York, more ps~icularly described in "Schedule A' annexed hereto and made a part hereof, and g/HERF, gt$, the Party of the Second Part is the Owner of certain real property located in the Hamlet of Orient, Town of Southold, County of Suffolk and State of New York, more particularly described in "Schedule B" annexed hereto and made a part hereof, and g/ttERF~$, the Parties desire to extinguish any and all rights wldch the Party of the First Part has in and to any and all rights of way and/or easements over the described lands of the Party of the Second Part and to establish a right of way for the purpose of ingress and egress and for the installation and maintenence of utilities; telphone, electric, water, sewer, cablevison and any other utility; to and fxom the lands of the Party of the First Part over the lands of the Party of the Second Part at a location agreed upon and hereinafter de- scribed, IqO~/', THEREFORE, in consideration of ten $10.00) Dollars each to the other Paid, the receipt of which is hereby acknowledged, other good and valuable consideration and the mutual promises, grants, and devises herein contained: The Party of the Fkst Part does hereby remise, release and quitclaim unto the'Party of the Second Part, the heks or successors and assigns of the Party of the Second Part forever, except that right of way hereinafter set forth, all of her right, title and interest in and to the certain plot, piece or parcel of land, with the buildings and improvements thereon erected, lying, situate and being in the Hamlet of Orient, Town of Southold, County of Suffolk and State of New York more particularly described on Schedule B, attached hereto and made a part hereof. The Party of the Second Part does hereby grant and convey unto the Pa~y of the Fkst Part, the heks or successors and assigns of the Party of the Fkst Part forever a right of way, fiReen (15) feet in width, for the purposes of ingress and egress and for the installation and maintenence of utilities; telphone, elecffic, water, sewer, cablevison and any other utility; over the property of the Party of the Second part, more particularly described in Schedule B hereof, to and fi:om the lands of the Party of the First Part, more particularly de- scribed in Schedule A hereof; said right of way being more particularly described as follows: The westerly line of the 15-foot right of way begins at a poim on the southerly line of land of Rowsom, the Party of the Second Part,, 15.0 feet easterly along said line t~om the southeasterly comer of the "Old Braying Ground"; nmning thence through land of Rowsom, the Party of the Second Part, the following three courses and distances: 1. North 0 degrees 04 minutes 10 seconds West 40.0 feet; 2. North 7 degrees 48 minutes 30 seconds East 75.0 feet; 3. North 38 degrees 10 minutes East 57.79 feet to a point on the southerly line of land of Dow, the Party of the First Part, at the westerly line of a 25 foot right of way over said land of Dow, the Party of the First Part; The easterly line of this 15 foot right of way is 15 feet easterly firom and parallel to the westerly line above-described. IN '¢~ITNF, S$ '~[HERt[OF, the parties have duly executed this deed the day and year first above written. IN PRESENCE OF: Barbara B. Dow STATE OF NEW YORK, COUNTY OF SUFFOLK ss.: ,, · · · On theqCmday of li~, 1995, before me personally came Barbara B. Dow, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed same. Notary Public BARBARA. A. ANDERSON Notaw Public, State o! New york No. 0lANE0?2470 QusliRed in Suffolk County ,a Commission Expires July 31, 19 ~ STATE OF NEW YORK, COUNTY OF SUFFOLK ss.: On the'~ay of ~r~, 1995, before mc personally came George H. Rowsom, to me known to be the indi- vidual described ia and who executed the foregoing instrument, and acknowledged that he executed same. Notary Publio WILUAM H. PRICE, JR. WILLIAM H. PRICE, Notary Public, 8tale of New Ymk Notary Public, State of No. 4644944, Suffolk County Term Expires February 28, 199~ No. 4644944, Suffolk c, Term Expires February STATE OF NEW YORK, COUNTY OF SUFFOLK ss.: On the~'~ay o~J~l~, 1995, before me personally came Andrea Rowsom, to me known to be the mdividua described in and who executed the foregoing instrument, and acknowledged that she executed same. Notary Public W~LLU~ H. PRICE, JR. Notary Publlo. 8tare of New York No. 4844944, Suffolk County Term E~)lraa February 28, 1 Schedule A ALL THAT certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Orient, Town of Southold, County of Suffolk and State of New York bounded and de- scribed as follows: BEGINNING at a point which is bounded and described as follows: BEGINNING at the southwesterly comer of the Old Burying Ground which is also the northwesterly comer of land e0nveyed by Lillian D. Stem to Joseph Hoyt Stem by deed dated January 11, 1958, and re- corded in Liber 4421 page 444, and RUNNING THENCE North 04 degrees 45 minutes 50 seconds East, 158 feet along the westerly line of said Old Burying Ground; RUNNING THENCE South 89 degrees 37 minutes East, 50 feet to the TRUE POINT OR PLACE OF BEGINNING of the pared herein described and to be conveyed; KUNNING THENCE fi~om said point of beginning and along the division line between the lands of now or formerly of Jonathan Dwight Stem and Joseph Hoyt Stem the following four (4) courses and dis- tances: 1. North 04 degrees 45 minutes 50 seconds East, 128 feet; 2. South 81 degrees 10 minutes West 51.29 feet; 3. North 19 degrees 54 minutes 30 seconds East, 120.52 feet; 4. North 07 degrees 46 minutes 30 seconds West, 585.21 feet to the ordinary high water mark of Long Island Sound; RUNNING THENCE:along said high water mark the following four (4) courses and distances: 1. South 70 degrees 52 minutes 50 seconds East, 138.14 feet; 2. South 49 degrees 43 minutes 20 seconds East, 154.67 feet; 3. South 32 degrees 22 minutes 10 seconds East, 349.27 feet; 4. South 53 degrees 55 minutes 40 seconds East, 87.99 feet to the land now or formerly of now or formerly of Stuart Dorman; RUNNING THENCE along said land now or formerly of Smart Dorman and the lands of the Party of the Second Part South 47 degrees 41 minutes 30 seconds West, 369.08 feet; and RUNNING THENCE continuing along the said land of the Party of the Second Part South 31 degrees 20 minutes 20 seconds East, 72.85 feet; RUNNING THENCE South 82 degrees 31 minutes 30 seconds West, 96.16 feet to the northeasterly comer of the Old Burying Ground, and RUNNING THENCE along the northerly line of the Old Burying Ground North 88 degrees 36 min- utes West, 98.10 feet to the TRUE POINT OR PLACE OF BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to the Party of the Fkst Part by deed dated April 1, 1970 which was recorded in the Office of the Suffolk County Clerk in Liber 6730 page 234. Schedule B Parcel 1: ALL THAT certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Orient, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a concrete monument set on the easterly line of land now or formerly of Lillian Dwight Stem, 280 feet, more or less, northeasterly along said easterly line .~om the southeast comer of said land now or formerly of Lillian Dwight Stem; muning thence along said land now or formerly of Stem the following six (6) courses and distances: 1. South 58 degrees 10 minutes 20 seconds West, 80.08 feet; 2. South 83 degrees 43 minutes 10 seconds West, 39.20 feet; 3. North 35 degrees 59 minutes 00 seconds West, 48.75 feet; 4. North 8 degrees 15 minutes 40 seconds West, 1(~8.65 feet; 5. North 31 degrees 30 minutes 20 seconds West, 72.85 feet; 6. North 47 degrees 41 minutes 30 seconds East 109.58 feet, to a point marking the westerly comer of land now or formerly of Stuart C. and Barbara B. Dorman; RUNNING THENCE along said land now or formerly of Stuart C. and Barbara B. Dorman the fol- lowing three (3) courses and distances: 1. South 30 degrees 15 minutes 30 seconds East, 148.80 feet; 2. South 34 degrees 15minutes 00 seconds East, 98.78 feet; 3. South 12 degrees 2 minutes 20 seconds East, 41.95 feet; RUNNING THENCE South 26 degrees 52 minutes 20 seconds West, GINNING. 50 feet to the point or place of BE- BEING AND INTENDED to be the same premises conveyed to the Party of the Second part by deed dated 10/4/60 a~ld recorded in the Suffolk County Clerk's Office in Liber 4884 page 486. Parcel 2: ALL THAT certain plot, pieoe or pared of land with the buildings and improvements thereon erected, situate, lying and being at Oriant, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the southeasterly comer of the '~Browns Hill Burying Ground" adjoining lands now or formerly of Joseph Hoyt Stem and running thence along the easterly line of the stone wall marking the easterly boundaxy of said burying ground, North 7 degrees 48 minutes 3~ seconds East 156.0 feet to the ~ortheasterly comer of said bunting ground; thence along other lands now or formerly of Joseph Hoyt Stem North 82 degrees 31 minutes 30 seconds East 96.16 feet to land of George H. Rowsom and Andrea Rowsom; thence along said land of George H. Rowsom and Andrea Rowsom South 8 degrees 15 minutes 40 seconds East 168.65 feet to lands now or formerly of Joseph Hoyt Stem, first hereinabove first mentioned; thence along said land South 89 degrees 55 minutes 50 seconds West 140.76 feet to the point of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to the Party of the Second Part by deed dated 1/28/70 recorded in the Suffolk County Clerk's Office in Liber 6697 page 488. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD March 9, 1995 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Richard E. DePetris, Esq. Scheinberg, Sehneps, DePetris & DePetris One Union Square Aquebogue, NY 11931-0716 Re: Town Law, Section 280-A Application of Barbara Dow (1000-17-2-6) Dear Mr. DePetris: Please find attached a copy of the Board's findings and determination ~endered at our March 1, 1995 Regular Meeting concerning the above request for a variance under Town Law, Section 280-A. For convenience purposes, copies of this determination have been forwarded to the Building Department and Planning Board for their permanent records. If you have questions pertaining to this determination, please feel free to call. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Southold Town Building Department Southold Town Planning Board ~Page 23 - Hearing Ti~[script Regular Meeting of March 1, 1995 Southold Town Board of Appeals 8:12 P.M. Appl. No. 4204-BARBARA DOW MR. CHAIRMAN: Application based upon the January 10, 1995 Notice of Disapproval issued by the Building Inspector under Article XXVIII, Section 100-280B and New York Town Law, Section 280-A for approval of access to premises known as 725 Private Road #4, shown as County Tax Map Parcel No. 1000-17-3-11, Orient, N.Y.; County Tax Map Parcel No. 1000-17-2-6, and over a private right-of-way extending off the north side of State Route 25 (Main Road). I have a copy of a, actually it's a survey of this parcel and several parcels adjacent to it and then I have a second map dated October 18, 1994, indicating the extent of the right-of-way as it moves toward the parcel and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. How are you tonight, Sir? RICHARD DePETRIS: Square, Aquebogue, Good evening. Richard DePetris, 1 Union N.Y. appearing for the applicant. I believe you have the entire history in the record before you of this matter so I'll just give you a brief overview. We have a five acre parcel in a one acre zoning district which we are seeking to subdivide into two parcels, 3 acre, 2 acre parcel. We've obtained additional approval from the Planning Board. The Planning Board has also rendered a Conditioned Negative Declaration, various conveyance and easements, conservation easements, etc. and proposed on the property the Planning Board's request, including conservation easement that covers all areas outside of the building envelope on proposed lot 2 and including the covenant that would prohibit any further subdivision of this property. So, what we're talking about · Page 24 - Hearing Transcript Regular Meeting of March 1, 1995 Southold Town Board of Appeals is in essence adding in the future adding a future one family dwelling to this 5 acre property. It has to come before you because the property even has one parcel, has no access or frontage on a public road and the only way to feasibly design the subdivision given the topography of the environmental constrain, etc. is the manner that the Planning Board has conditionally approved whereby lot 2, I'm sorry, lot 1, which has the existing house would have this access over lot 2 just to the east of the building envelope on lot 2. I have also indicated in the supplemental letter to you after the application was filed that Mr. & Mrs. Rowsom, my client's neighbors, desired that we continue to use the existing driveway as located just to the east of the old burying ground rather than relocating that driveway to the 50 foot right-of-way as is shown on this map. Rowsoms would like us to keep the driveway where it is. In fact the driveway was put where it is some 20 years ago when the house was built on lot 1. You know, per joint conversations between my client and the Rowsoms who prefer the driveway where in fact and where it is rather than over the 50 foot right-of-way and we are perfectly happy to honor their wishes and continue to utilize the driveway where it is so that we don't have to stirrup any land area ( ) with theirs. MR. CHAIRMAN: That's pretty staple anyway. RICHARD DePETRIS: Yes. MR. CHAIRMAN: From what I remember. RICHARD DePETRIS: All we're really talking about is an existing driveway that would now in the future be utilized by both the · Page 25 - Hearing Tr~l~script Regular Meeting of March 1, 1995 Southold Town Board of Appeals existing house and the new house for access. I have Mr. VanTuyl here tonight who is familiar with the whole subdivision history before the Planning Board and the topography terrain, etc., if you have any questions. MR. CHAIRMAN: Alright. Let me just leave it open for questions first, Mr. DePetris. Do you gentlemen have any questions of this attorney? Well, we're dealing with you know, New York Town Law 288. BOARD MEMBER VILLA: Right, I'd just like to have a decision you know high up that actual relocation of the easement subject to, because you know if that somehow doesn't become accomplished and in the future they'll be disputed as to where this thing is and I'd like to see that clearly resolved. MR. CHAIRMAN: In other words right-of-way or --- you mean an abolition of the BOARD MEMBER VILLA: No, their talking about relocating the right-of-way to the area where the existing road is now. I'd like to be sure that's accomplished. MR. CHAIRMAN: Is that going to be accomplished? RICHARD DePETRIS: It's intended to be accomplished. The Rowsoms are aware that at the moment we have a deeded right-of-way over that 50 foot right-of-way. They don't want us to use that, they want ..... MR. CtiAIRMAN: Because it's closer to their house. RICHARD DePETRIS: Right. They want us to use the existing driveway which was put in by permission informally where it is some · Page 26 - Hearing Regular Meeting of March 1, 1995 Southold Town Board of Appeals 20 years ago and Bill Price, the Rowsoms' attorney has told me that he would like to prepare an agreement between the Rowsoms and Dow which would relocate the deeded right-of-way from its present location to a location that would ( ) with the existing driveway. MR. CHAIRMAN: Alright, taking that section and building. I had met Mrs. time. BOARD MEMBER VILLA: good· So in other words it's really just placing it over here adjacent to the Rowsom when I was up there the first I would just like to be sure that actually happens because you know, maybe nothing would happen now but if they sold it and there's other people involved and somebody gets mad at somebody the next thing you know they're cutting off their driveway and I don't want to see that happen down the road. RICHARD DePETRIS: I don't think I'll have any problem with the condition to that effect so long as you understand that you know, it's beyond our control to force the Rowsoms to do this. They want to do it so I assume it will be done. If it doesn't get done we'll just have to come back to you .... MR. CHAIRMAN: Right, we would make it subject to that agreement existing because if we don't, then we can't grant New York Town Law 280-A over somebody else's property. RICHARD DePETRIS: Correct, we have no problem with the condition and if for some reason the Rowsoms don't want to sign an agreement then we have to go back to you. MR. CHAIRMAN: How much time do you think it's going to take, 90 days, 60 days? · Page 27 - Hearing ;ript Regular Meeting of March 1, 1995 Southold Town Board of Appeals BOARD SECRETARY KOWALSKI: A year maybe, or six months? RICHARD DePETRIS: Well after we get your approval we have to go back to the Planning Board to get final subdivision approval and file the map. I guess is, I'm not that, that familiar with the Town of Southold's Boards and how long it takes to accomplish something and I know the initial process before the Planning Board took a long time. BOARD SECRETARY KOWALSKI: I was talking about the written easement with the Rowsoms. How long will that take? RICHARD DePETRIS: Oh, I would think that would be wrapped up I would say 90 days would be amble time for that. BOARD SECRETARY KOWALSKI: Alright, then, then you can come back. MR. CHAIRMAN: Alright, now, improvements to the right-of-way at if you don't have it by we have not talked about this point and we know to a certain point we have two sets of stone pillars and we know that there's a macadam leading up to a particular point. There's definitely a concern in reference to access for fire and emergency vehicles and I assume that with the magnitude of this property and the beauty of this property that no-one wants to preclude emergency or fire vehicles to go up there. There's no contest there. RICHARD DePETRIS: Whatever reasonable conditions you deem appropriate, we're anxious to get the approval done and have a subdivision. MR. CHAIRMAN: Good. Thank you Sir. Page 28 - Hearing 2ript Regular Meeting of March l, 1995 Southold Town Board of Appeals RICHARD DePETRIS: If you have any questions, I don't know if you have any thoughts on what you might want to do. MR. CHAIRMAN: No, just the approval from those stone pillars to the right-of-way site, alright. You know there's going to be some improvements and the improvements are if I have to vote on them their goner be to this liking, then I'm only reciting what my opinion is at this point. The potholes have to be filled and they have to filled with stone blend and then the entire surface has to be stone blend over the top and regraded and continuously maintained and the question is to what degree. RICHARD DEPETRIS: We're talking about over ..... MR. CHAIRMAN: We're talking about from the second set of stone pillars where the macadam stops, alright, to the, in my opinion at this point, to the driveway or gates that are gating the property. From that particular point on I will take some direction from the Board if they want to widen that driveway at all because it's going to be for two houses instead of one house and that's basically it. I mean the driveway is completely stable. There is a sharp ravine where the burial ground is on the one side but I mean, you know I mean you can see that the driveway has been stable and there's absolutely no washouts or anything on that driveway. I didn't go over the top of the hill but that's my opinion. How are you? MR. VAN TUYL: I can see you've been to the property. MR. CHAIRMAN: Three times. Well I have to be honest with you and again I don't know wily this is honesty tonight, but needless to say we're always honest. Mr. Douglas who of course sat on this Page 29 - Hearing T~script Regular Meeting of March 1, 1995 Southold Town Board of Appeals Board from 1979 until his death was always very well versed with that property so we very simply would really meet Mr. Douglas in his house and we would go up and go through this. It has been a long time since I've had been up there and I assure you that I used my old four wheel drive and I did utilize it a couple of times during the ice and the cold weather that we had prior to this warm up that we've recently had. MR. VANTUYL: I know there are some potholes (inaudible, machine making loud noise) existing grip of the traveled road is about 12 feet now and it could be widened maybe to 15 and ! mean any major construction trees and such things. MR. CHAIRMAN: We would never go any wider than that. The normal restrictions would be 12 or 14, cleared 15, overhead cleared 15 for fire trucks. RICHARD DePETRIS: Sounds like we have a consensus. MR. CHAIRMAN: Does anybody have an objection to that? AIright, thank you. It's so nice to see you both. RICHARD DePETRIS: Should I call the office tomorrow? BOARD SECRETARY KOWALSKI: Yes, call tomorrow please, yes. MR. CHAIRMAN: Yes Sir. Just state your name for the record. GEORGE ROWSOM: My name is George Rowsom. I'm the property owner along the property on which the Dows live. MR. CHAIRMAN: You're the fellow with the white jeep. GEORGE ROWSOM: I never get to ride that. I would just like to reiterate that we would like to move the easement over to the other side of the property. If I could borrow a pen we could do it tonight · Page 30 - Hearing Tr~script Regular Meeting of March 1, 1995 Southold Town Board of Appeals and you mentioned this to building that road is I want you to know that road was built by Bob Douglas. MR. CHAIRMAN: Was it really? Isn't that unique. That is unique. Thank you so much. Is there anybody else would like to speak either for or against this hearing? See no hands I'll make a motion closing the hearing reserving decision until later. BOARD MEMBER VILLA: Second. MR. CHAIRMAN: All in favor? BOARD MEMBERS: Aye. Prepared from tape recordings from actual hearings. LF Page 31 - Hearing T~lscript Regular Meeting of March 1, ]995 Southold Town Board of Appeals DELIBERATION AND DISCUSSION (DOW Application) MR. CHAIRMAN: Right-of-way be improved north of the east-west road to include the width of the macadam road or coming off the macadam road to appoint where the travel road starts and I'll talk 12 feet in width cleared 15 on both sides. When I say clear I'm referring to not regrading 15 but at least clear the brush or any existing trees or anything that would prevent a fire vehicle. BOARD SECRETARY KOWALSKI: Does that show up where macadam is? MR. CHAIRMAN: Right here. This is blacktop. BOARD MEMBER VILLA: You mean 15 feet overall, not 15 feet each side? MR. CHAIRMAN: 15 feet overall, right. BOARD MEMBER VILLA: You said 15 feet each side. BOARD MEMBER DOYEN: Do you have a couple of stone plans? MR. CHAIRMAN: Blacktop. BOARD MEMBER DOYEN: Blacktop? MR. CHAIRMAN: Now, we want to go to the point of the right-of-way which is this point right over here and then from. 'that particular point on the maximum width of 10 feet cleared 14 on both sides. BOARD SECRETARY KOWALSKI: 14 feet wide, what's on the side? BOARD MEMBER VILLA: That's on lot 2 you're talking about. MR. CHAIRMAN: Well, no, that's over the traveled road. From this point which is the traveled road to this point --- Page 32 - Hearing T~script '] Regular Meeting of March 1, 1995 Southold Town Board of Appeals BOARD SECRETARY KOWALSKI: From here?, let me just ask you a question. You said this is macadam from here up it's 12 feet in width? MR. CHAIRMAN: No. BOARD SECRETARY KOWALSKI: here in width? MR. CHAIRMAN: I just said it. BOARD SECRETARY KOWALSKI: minimal. What's the distance from here to At least 12. Alright, so we're saying 12 is the MR. CHAIRMAN: Yes, 14 or 15 cleared on both sides. It's cleared already so it's not going to be any big deal. To the traveied road, that's the traveled road. BOARD SECRETARY KOWALSKI: Alright, let's mark it traveled because it's not showing that on this. MR. CHAIRMAN: Right, airight? And then from the traveled road up a minimal of 10 feet, 14 feet cleared on both sides. BOARD MEMBER TORTORA: I don't see how you get 14 feet without going into .... MR. CHAIRMAN: Well, its got to go this way. BOARD MEMBER TORTORA; And how far off --- MR. CHAIRMAN: It's not 14, it's cleared 14, it's not paved 14, it's paved 10. BOARD MEMBER TORTORA: How far off to this property line is this road off this property line? MR. CHAIRMAN: Well, you can see it right here. I can't, I-- BOARD MEMBER TORTORA: Can we go-- Page 33 - Hearing Tt~nscript Regular Meeting of March 1, 1995 Southold Town Board of Appeals MR. CHAIRMAN: That's where we're going. BOARD MEMBER TORTORA: Can we go to the north, that's what I'm saying? MR. CHAIRMAN: Yes, we're goner go to the north. BOARD MEMBER TORTORA: I'm just saying Bob and Jim to go to the north of the burial ground. MR. CHAIRMAN: Right, well, that's what you would want to do anyway Lydia, because that's where the stability is over on this side. The stability is not ..... BOARD MEMBER DOYEN: Does the topography preclude putting the well right here? MR. CHAIRMAN: Yes, it's close to their house. The house is right here. That's the reason why BOARD MEMBER DOYEN: Oh, OK, that's the only reason that the topography. MR. CHAIRMAN: Right. Now, the road at all times, the potholes have to be refilled with stone blend. BOARD SECRETARY KOWALSKI: What type? blend or is it a mixture? MR. CHAIRMAN: 3/4" stone blend. BOARD SECRETARY KOWALSKI: OK. MR. CHAIRMAN: Alright and then the entire surface has to be surfaced for 2" of stone blend and regraded and continuously maintained. BOARD MEMBER DOYEN: Is this macadam now or what? MR. CHAIRMAN: Yes, macadam. Is it pure stone Page 34 - Hearing T~script Regular Meeting of March 1, 1995 Southold Town Board of Appeals BOARD MEMBER DOYEN: Oh, I see. You're not requiring this to be macadam, just stone blend, yes, OK. MR. CHAIRMAN: No, no, it's stone blend there already. Its just got a significant amount of potholes there, alright. BOARD SECRETARY KOWALSKI: OK, and just to a .... MR. CHAIRMAN: And then from here 10 feet stone blend because it's only about 6 to 8 right here. It's the width of a car. BOARD SECRETARY KOWALSKI: What do you mean 10 feet? 10 feet, you've already said 12 feet in width there. BOARD MEMBER DINIZlO: No 10 feet right here. MR. CHAIRMAN: 10 feet here. BOARD MEMBER DINIZlO: Right? MR. CHAIRMAN: Traveled road 10 feet. BOARD SECRETARY KOWALSKI: 10 feet in there? MR. CHAIRMAN: Yes, 10 feet. BOARD SECRETARY KOWALSKI: Alright because you said 12. MR. CHAIRMAN: 10 feet, 12 feet cleared. BOARD SECRETARY KOWALSKI: Alright. VILLA: So, basically that 50 foot right-of-way is the west so that it is adjacent to the old burial BOARD MEMBER goner moved to ground? MR. CHAIRMAN: BOARD MEMBER That is correct. TORTORA: Yeah, all I'm saying wanted to make sure that the clearing is to the north. north on that side? MR. CHAIRMAN: Yes. Bob is I just Is that the Page 35 - Hearing Ti~iscriPt Regular Meeting of March 1, 1995 Southold Town Board of Appeals BOARD MEMBER DINIZIO: BOARD MEMBER TORTORA: so we give some kind of a ( BOARD MEMBER DINIZIO: Well, we're, no this is east. Well then next to the burial ground ) buffer between the roads. Well you're not going any closer to that burial ground, because it's like ...... MR. CHAIRMAN: Alright, any improvements to the traveled road would be toward the Rowsom residence or Rowsom property, alright, because they have to cut this bank a little bit on this one side. BOARD SECRETARY KOWALSKI: Well it is over the Rowsom property so it's ...... . MR. CHAIRMAN: Yes, it's going to be toward the house. BOARD SECRETARY KOWALSKI: It's going toward the house. BOARD MEMBER TOTORA: What direction is this, Jerry? MR. CHAIRMAN: Well that's actually north west really. BOARD MEMBER TORTORA: And this is, this goes .... BOARD MEMBER DINIZIO: No, that's actually east. BOARD MEMBER VILLA: North is straight up. BOARD SECRETARY KOWALSKI: North is straight up. MR. CHAIRMAN: Is north straight up? BOARD MEMBER DINIZIO Yes. BOARD MEMBER TOTORA: Open to the improvements would be the east then? BOARD MEMBER DINIZIO: East side road. BOARD MEMBER VILLA: There's the north arrow, right here, it's going straight up. Page 36 - Hearing ~ript Regular Meeting of March 1, 1995 Southold Town Board of Appeals BOARD SECRETARY KOWALSKI: What is the base of the .... MR. CHAIRMAN: Oh, yeah, my hand was right over the top of it. It has a stone on it now. BOARD SECRETARY KOWALSKI: OK, so you think 2" will be enough? BOARD .MEMBER DINIZIO: It's not a bad road. The whole thing is not bad all the way to the end. I took my Van up there. BOARD MEMBER VILLA: And I was up there with my truck. BOARD SECRETARY KOWALSKI: And the rest of it then will ( ). MR. CHAIRMAN: The only place we've kicked up any was over at Stepnoski. BOARD SECRETARY KOWALSKI: Before you put that away, could you just show me where the pillars are? MR. CHAIRMAN: There's a set of pillars here and there's a set of pillars .... BOARD SECRETARY KOWALSKI: On the road I know but the other one I ( ) in front of me. MR. CHAIRMAN: Right there, right there. BOARD SECRETARY KOWALSKI: Right. MR. CHAIRMAN: And this we refer to as the east west road, Alright, because this is a right-of-way. It goes this way, alright. BOARD SECRETARY KOWALSKI: Yes, I know that. MR. CHAIRMAN: Alright. I offer that gentlemen as a resolution and again taking into consideration ...... BOARD SECRETARY KOWALSKI: Bob wants to tie into an agreement, so a --- Page 37 - Hearing T~script Regular Meeting of March 1, 1995 Southold Town Board of Appeals MR. CHAIRMAN: Yes, tied into a 90 day agreement, moving the right-of-way for the road. BOARD SECRETARY KOWALSKI: No, 90, within 90 days the agreement to be signed and executed and furnished to us. MR. CHAIRMAN: Right. BOARD MEMBER VILLA: Right, with reloeation to the right-of-way. MR. CHAIRMAN: Right. BOARD MEMBER VILLA: OK. BOARD MEMBER DINIZIO: We're relocating it to the west. BOARD MEMBER VILLA: Right. Right, adjacent to --- DINIZIO: Along the property line 50 feet out to MR. CHAIRMAN: BOARD MEMBER the east. MR. CHAIRMAN: Right, yes, it's a trade-off. BOARD MEMBER VILLA: Well, I guess I'm little bit of a peace of mind anyway, I guess. I just want to make sure it's done. BOARD MEMBER DINIZIO: Yeah, then you have to take all these maps and burn them. oh no, no, ( BOARD MEMBER VILLA: Someone is going to find this ( ) and say, ). Well, you know what'll happen if they don't do it and they still use this somewhere down the line somebody says, man, somebody says, hey sir, you can't use this road, the right-of-way is over here. BOARD SECRETARY KOWALSKI: Would anybody like to second that motion? Page 38 - Hearing Tt~l~script Regular Meeting of March 1, 1995 Southold Town Board of Appeals MR. CHAIRMAN: Would anybody like to second my motion, or make it, you can make it, you don't have to take mine. BOARD MEMBER DINIZIO: I'll second your motion. MR. CHAIRMAN: All in favor? BOARD MEMBERS: Aye. SCHEINBEltG, S(3HNEPS, DE PETRIS 8,: DE PETRIS ATTORNEYS AT LAw 1 UNION SQUARE POST OFFICE ~OX February 17, 1995 FEB I Mrs. Linda Kowalski Zoning Board of Appeals Town of Southold 53095 Main Road Southold, NY 11971 Re: Application of Barbara B. Dow Dear Linda: This will confirm my telephone conversation with you yesterday regarding the proposed access to the subject property from the private road which I previously highlighted (see my February 3, 1995 letter to you). Please note that the actual existing "traveled access" from the private road over the Rowsom property to the subject property is located immediately east of the old burying ground (west of the 50 ft. right-of-way), rather than over the 50 ft. right-of-way. Mr. and Mrs. George Rowsom have requested (by their attorney, Bill Price) that the existing "traveled access" (hereinafter referred to as the existing driveway) continue to be utilized, rather than relocating the existing driveway to a location within the 50 ft. right-of-way. My client has agreed to the request of Mr. and Mrs. George Rowsom. Among other things, utilizing the existing driveway will avoid disturbance of undisturbed land area within the 50 ft. right-of-way. Therefore, we propose that the access from the private road to the subject property remain at the location of the existing driveway. Assuming that the Board of Appeals approves such access, Mr. and Mrs. Rowsom (by their attorney, Bill Price) have agreed to execute a formal document which would relocate the right-of-way so as to cover the actual location of the existing driveway. If the Board has any questions regarding the above, we can discuss same at the hearing. Very truly yours, RICHARD E. DePETRIS RED:ba c.: William Price, Esq. BOARD OF APPEALS:TOWN OF SOUTHOLD ................................... X In the Matter of the Application of BARBARA DOW CONFIRMATION OF POSTING I, Roderick Van Tu¥1 , residing at 62] Frn,~r gr- Greenport, NY 11944 , hereby confirm that on the 18th day of February, 1995, I personally posted the property known as "725 Private Road No. 4, Orient, NY; 1.000-17-2-6" by placing the Town's official poster Notice on the Munn Lane sign post facing the road side of the property, and that the poster has remained in place at least seven days prior to the date of the public hearing (date of hearing noted thereon to be held March 1, 1995.) Dated: February27 , 1995. (signature) APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robe~ A. Villa Lydla A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 February 10, 1995 Richard E. DePetris, Esq. One Union Square Aquebogue, NY 11931 Re: Appl. No. 4302 - Barbara Dow Dear Mr. DePetris: Please find enclosed a copy of the Legal Notice published this week by our office. You will note that the public hearing on your application will be held on Wednesday, March 1, 1995 at the Southold Town Hall. Also, please find enclosed a Poster Notice which must be placed either on a stake and located in the front yard (road side) of the subject property, or placed on the front of a building (or fence, if appropriate) where it can be easily seen from the road. The poster must be conspicuously located at thi.~ time since the Board Members are planning to visit this area within the next week or so. The attached Confirmation of Posting should be signed and returned to our office either by mail or hand delivery for our records. Thonk you. Very truly yours, Linda Kowalski Enclosures NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD;.,. BAR BA A PUBLIC HEARING: DATE OF If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing durincj normal business days between the hours of 8 a.m. and 4 p.m. BOARD OF APPEALS · TOWN OF SOUTHOLD ° (516) 765-1809 NOTICE IS HEREEY pursuant to Section 267 of the Town Law and the Code of the Town of South01d that the fo lowing public hearings will be held by the~ SOUTHOLD TOWN BOARD OF APPEALS, at ~ ~u~old Town 53095 Main Road, Southold, New Yor~ :11971; on WEDNESDAY,~ ;1:T:30 p.m. AppL No. 4298-S p~OL ~A~ONS L~. ~u~t for Speci~ Exception under A~icie VH, S~fion I~71B for ~pwv~ of o~ce use(s) in ~ Resi~n~al-O~ce {RO) Zone DistdcL in conjunction dwelling unit, at premises known 25235 Main Road. Cutchogue, NY; County Tax Map Parcel No. 1~0- 1~-1-23. Subj~t p~es co~is~ of i tond of six ac~s, which is l~ated ~ly in the Resi~n~-o~ (RO)~ ~ Dis~ct ~d p~ly in the R-40 Low:Density Residential Zone 2. 7:35 p.m. A~pl. No. 42~9 ROBERT S. HUGH,. Applica~on ~ of~wval ~m t~ Buil~ the Zoning Ordi~ance, Article IlL Section 1~33 for ~ission q:~i~d te~ y~d. Pt0pe~ ID: ~025 ~v~e Ro~ Tax Map Dis~ct l~, Section Bl~4,~t ~. 3. 7:40 p.m. Appl. No. 4297 CLAIRE CitAMBRUN. Application based upon the janUar/9, 1995 Notice of Disapproval from the Buildin Inspector, requesting a Variance under Article IIIA, Section 100-30A.3 for ' permission to conswact an addition to existing dwelling with a side yard set, ~ back at less than the mqubed 15 feet. Property ID: 840 Pinewood Road, .~ Cutchogan, NY; County Tax Map ~ Pa~'el No. 1000-110-5.25. : don~ if and when the existing dwelling l~te.located. Location Of property: 2850 Bay~view Road, Sonthold, NY; ! cOonty T~ Map NO. 1000-75-4-22.3. ~ 5.7:55 p.ra. AppL No. 4301 -- 1995 Notic~ of Disappro tho Building Inspector. requesting n Va~once under Azficle IliA. Section t ~q-30A 3 for ~mfissi°n to reduce lot area and wic~ (frontage) of mo exss - inS ~onconfomfing lots, each with an improved dwelling, due to a proposed '" lot line change, Location of l~peny: 80 South Lane and 120 South La~e- (a/~/a Oak Ct.), East Marion; NY; · e~s Ba Estates Map, Lots 3 and..., Gardm Y '0~0-- 4; CounVJ Ta~ Map parcels No. ~ 3~.~6.- ~.i and 2.1. :00 p.m.A, ppl. ?.o. ~202 -- ~ BARBARA DOW. Appbcan°n based upon the Januard 10 995 Notice of: Disapproval issued by the Build ng Inspector under Article XXVIII, Section 100-280B and New York i Town Law, Section 280-A for! ~pptoval of access to premise~ known as 725 Private Road ~4, shown as I County Tax Map parcel No. 1000-17- .5-11, Orient, NY, County Tax Map .:parcel No. 1000-17;2-6. and over a private right-of-way eat~nding off the n~rth side of State Route 25 (Main / The Board of Appeals wiB at s time and place hear any and all per- , 'son~ bt rep~senL~iv~ de~iring'to.~ cow, ments m~y alan b~ submitted prior to the conclusion of thc subj~ hear- ' ins. Each hearing will not sla~ hefme the times designated above. If you wish to review the files o~ need to not hesilale to call 765-1509 or visit Dated; Februa~ 10, 1995 BY ORDER OF THE sOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By L/nda Kowalski FEB 2 3 of Mattituck, in said County, being duly ~om, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in Bald Newspaper once each week for _ I weeks ,ely, ¢ommeo ng on the /t' 19~ Nota~HpRu~?.c~o~NSKe~I Yo~ f._~/ Principal Clerk ~:]~emissson Ex re November ~,a..~ Notary Public APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, ~qew York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 January 24, 1995 Richard E. Depetris, Esq. Scheinberg, Schneps, DePetris and DePetris One Union Square Aquebogue, NY 11931-0716 Re: Application of Barbara B. Dow Dear Mr. DePetris: We have received the documentation for review and filing in the above matter. Please highlight the access read over which the 280-A variance is requested in this application. Returned are the original prints for your highlighting and return to us within the next 10 days. Upon receipt of the above, we will be in a position to process the application and arrange for on-site inspections and further evaluation by Board Members. Very truly yours, ~L~d~a Kowalsl~l Enclosures SCHEINBEI~G, $CHNEPS, DE PETRIS & DE PETRIS ! UNION SQUA~/E February 3, 1995 Mrs. Linda Kowalski Zoning Board of Appeals Town of Southold 53095 Main Road Southold, NY 11971 Re: Application of Barbara B. Dow Dear Linda: Pursuant to your request, enclosed please find a print of the Map of Access Roads (map dated October 18, 1994) on which I have highlighted (in addition to the proposed access to Lot 1 over Lot 2 of the proposed subdivision) the access road from Main Road to the 50 foot right-of-way which is adjacent to the southerly line of the subject property (the southerly line of Lot 2 of the proposed subdivision). I believe that the proposed access to the subject property from the highlighted access road will be over the 50 foot right-of-way, rather than over the "traveled access" immediately east of the old burying ground (west of the 50 foot right-of-way), but I was unable to reach my client today to confirm same. I will telephone you as soon as I am able to reach my client. Very truly yours, RICHARD E. DePETRIS RED:ba Enc. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A~ Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD G.E.Q.R.A. Feb. TYPE II ACTION DECLARATION Appeal No. 4302 Project/Applicants: County Tax Map No. Location of Project: Barbara Dow 1000- 17-2-6 725 Pvt. Rd. #4, Orient, NY Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 6, 1995 Relief Requested/Jurisdiction Before This Board in this Project: 280-A Fire Vehicle Access Standards 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. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(33)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: RE: SOUTHOLD TOWN ZONING BOARD OF APPEALS JUDITH T. TERRY, SOUTHOLD TOWN CLERK ZONING APPEAL NO. [I-302 - BARBARA DOW DATED: February 6. 1995 Transmitted is application for a variance from BARBARA DOW for access approval,together with letter from Richard E. DePetris, Attorney for Barbara B. Dow, dated January 20, 1995, and also, a letter from Richard E. DePetrls, dated February 3, 1995, an Application for Building Permit, Building Department Notice of Disapproval, Notice to Adjacent Property Owner, Map indicating the access road intended, Short Environmental Assessment Form, Short Environmental Assessment Form, Questionnaire for filing with ZBA application, State Environmental Quality Review Conditioned Negative Declaration Notice of Determination of Non-Significance from Southold Town Planning Board, a resolution from the Planning Board dated July 21, 1992, a Negative Declaration of covenants and restrictions, conservation easement, and easement for access and utilities made by Barbara Dow in May, 199~, with the description of the property as filed with the Suffolk County Clerk on July 12, 199u,, the deed conveying the property to Barbara Dow in April of 1970, and letter from Southold Town Planning Office stating a resolution granting conditional sketch approval on receipt of 280-A access approval. Judith T. Terry Southold Town Clerk January 24, 1995 Richard E. Depetris, Esq. Scheinberg, Schneps, DePetris and DePetris One Union Square Aquebogue, NY 11931-0716 Re: Application of Barbara B. Dow Dear Mr. DePetris: We have received the documentation for review and filing in the above matter. Please highlight the access road over which the 280-A variance is requested in this application. Returned are the original prints for your highlighting and return to us within the next 10 days. Upon receipt of the above, we will be in a position to process the application and arrange for on-site inspections and further evaluation by Board Members. Very truly yours, Enclosures Linda Kowalski SCHEINBERG, SCHNEPS, DE PE?ltIS & DE PE?ltIS 1 UNION ~UARE January 20, 1995 Zoning Board of Appeals Town of Southold 53095 Main Road Southold, NY 11971 Re: Application of Barbara B. Dow Dear Board Members: Enclosed please find the notice of disapproval from the Building Inspector (with copy of building permit application), the application to the Zoning Board of Appeals, the notice to adjacent property owners (with affidavit of mailing and receipts for certified mail), the short EAF, the Z.B.A. questionnaire, 7 prints of the preliminary minor subdivision map dated (last amended) March 14, 1994, 7 prints of the map of access roads dated October 18, 1994, and our client's check in the sum of $250 for the filing fee. Please process this application. Also enclosed is a copy of the following documents: 8/23/94 letter from the Planning Board regarding the 8/22/94 conditional sketch plan approval; 7/22/92 letter from the Planning Board regarding the 7/21/92 conditioned negative declaration and the 7/21/92 notice thereof; recorded covenants and restrictions required by the Planning Board; our client's deed. Very truly yours, RICHARD E. DePETRIS RED:ba Enc. REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- saw HARDSHIP~"~ The subject property contains a total area of 4.99 acres, is situate i'n the R-40 District, and is improved with a one-family dwelling. Applicant has obtained conditioD~l sketch plan approval frc~ the Planning Board and Health Department approval for a subdivision of the subject property into two lots. Lot 1 has an area of 2.99 acres, contains the existing house and has access over Lot 2; such access is over an existing "traveled road" on Lot 2, which access has been designated as a 25 foot right of way. Lot 2 has an area of 2.0 acres, a designated building envelope and a designated conservation easement covering all areas outside of the building envelope; the only uses allowed within the conservation easement are a driveway and a footpath. A covenant has been established which precludes further subdivision. All of the foregoing is pursuant to and in accordance with the conditioned negative declaration rendered.by the Planning Board under S~QRA. The Planning Board's conditic~al sketch plan approval is conditioned on receipt of access approval frc~ the Zoning Board of Appeals. The Planning Board found that, due tO the location of the existing "traveled road" and the terrain of the property, it is not feasible to~ design the subdlvisic~ in a manner other than to allow Lot 1 access over Lot 2. The proposed subdivision is consistent .wittl the character of the District and is designed to minimize impacts. Denial of access approval would require applicant to maintain as one parcel property having an area, of 4.99 acres in a District zoned for lo. ts.. having .a minim%~ area of 40,000 square feet: ...... STATE OF NEW YORK ) COUNTY OF NASSAU ) Sworn to this ............. ..~'. ...................... day Signature December of ................................... ]9 94 i Notary Public DORIS DENICOLO ' public, State of New York No. 47E4123 Qualified in Nassau Coun~ FEB 6 1995 Seuthold Town Clerk TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. z/~ ~. DATE ..... ...... To THE ZON,N BOARD APPEALS. TOWN SOU'mOLD. N. Y. 1, (We) ,BARBARA B. DOW ' .... 87 Marjorie Court Nome of Appellant Street and Number Manhasset ...................... . N.Y. Municipality ............................ HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) Barbara B. Dow Nome of Applicant for permit of ......... ~.?...t~,~J.~.;;J-.~....~..g.~.~.%,...~.~..h.a.$set N.Y. - Street and Number ............ " ................................................... Municipality PERMIT TO USE State PERMIT FOR OCCUPANCY Access approval 1. LOCATION OF THE PROPERTY ..P,.r..i. vate_ro-~--from Main Road~--Or~ ,~ -n District 1000 Section 17 Block2 Lot 6 ~reet /Hamlet / Use D~strict on Zoning Map ............................... : ................. Current Owner Barbara B Dow Map No. ' Lot No. ' Prior 0~ner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section end Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article Section 3. TYPE DE APPEAL Appeal is made herewith for (please check appropriate box) ( ) A VARIANCE to the Zoning Ordinance or Zoning Map (X) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. LaWs Art. 16 Sec. 280A Subsection 3) (Zoning Code 5100-235) () 4. PREVIOUS APPEAL A previous appeal ~:~ (has not) been made with respect to this decision Of the Building' Inspector or with respect to this property. · Such oppeat was ( ) request for a special permit [ ) request for a variance ~nd was made in Appeal No .................... ~ ........... .Dated ....... . REASON FOR APPEAL (X) A Variance to Section 2BOA Subsection 3 ( ) A Variance to the Zoning Ordinance ( ) (Zoning Code $100-235) is requested for the reason that access to the subject pr6perty is ove~ a private road and right of way frcm Main ~oad to the subject property, and access to Lot 1 of applicant's P .rgposed subdivis.ion is over Lot 2 of applicant's proposed subdivision. (Continue on other side) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter ct the Petition of BARBARA B. DOW to the Board of Appeals of the Town of 5outhold TO: See attached schedule NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: I. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] variance due to lack of access and access approval -~ 2. Thattheproperty whichisthesubiectofthePetitionislocatedadiacenttoyourpropertym~ZR~l~,( ~L~x~Xor your property is located adjacent to the private road providing access to the subject property. The subject property is designated on the ~a× map a~ 1~0-17-2-6 and is located at Orient (north of Main Road). 3. That the property which is the subject of such Petition is located in the following zoning district: R-40 4 '[hat b,~ such Petition, the undersigned will request the following relief: acc:ess Va~'ianee and aCCess _approval for_~roposed subdivision into two lots as shown on preliminary minor subdivision _map dated (last amended) March 14, 1994 (the Planning Board granted conditional sketch plan approval on 8/22/94) 5. That the provisions of the Southoid Town Zoning Code applicable t~ the relief sought by the 'under- signed are Article Section 100-235 [X] 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 theSouthold Town Clerk's Office at Main Road Southold New York and you ma), then and there examine the samedur ngregular office hours, (516) 7~5-1809, 7. That befure 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: Ja~-.L~ ~¢ 17 1995 Barbara B. Dow Petitioner Owners'Names: Barbara B. Dow Post Office Address 87 Marjorie Court Manhasset, N.Y. 11030 Tel. No. (516) 627-1336 [Copy of sketch or plan showing proposal to be attached for convenience purposes,] See map of access roads dated October 18, 1994, show~ng~d'6f petitioner (17-2-6) to be subdivided into two lots, and showin~~~such lots to and from Main Road. NAM~ PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK COUNTY OFSUFFOLK SS,: BARBARA A. ANDERSON , residing at Main Road, Jamesoort. N~w Y~rk . being duly sworn, deposes and says that on the IR day of January , 19 95 , 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 Town of Southotd; that said Notices were mailed at the United States Post Of- rice at Aaueboc~ue. New York ; that said Notices were mailed to e.~ch of said persons by (certified) ~ mail. Sworn to before me this 19th 95 Notary Public Barbara A. Anderson (This side does not have to be completed on form transmitted to adjoining property owners.) SCHEDULE 17-2-1.3 Jonathan Dwight and Margaret Stern Birdseye Rd., Orient, NY 11957 17-2-1.5 Steven J.N. & Patricia B.B. Chierchie PO Box 2046, Orient, NY 11957 17-2-1.4 Mr. and Mrs. Antonio Perez, Jr. c/o Anne Branch Williams 164 Linden Lane Mill Valley, California 94941 17-2-4 Owner Unknown 17-2-3.1 Mr. and Mrs. Edwin K. Reeves 127-6 Joshuatown Rd. Lyme, CT 06371 17-2-7.1 Mr. and Mrs. George H. Rowsom Terrys Point, Orient, NY 11957 17-2-8 Ellen and Paul Mitchell 69D Bay Ave. Halesite, NY 11743 17-2-9 Reginald F. Tuthill PO Box 86, Orient, NY 11957 17-2-14 Lawrence Dorman 18 Ferry Rd. Old Lyme, CT 06371 17-3-8 Christopher Welles 98 Joralemon St. Brooklyn, NY 11201 17-3-9 Mr. and Mrs. Harold Partlon 4 Lafayette Place Chatham, NJ 07928 17-3-10 Mr. and Mrs. Harold Partlon 4 Lafayette Place Chatham, NJ 07928 17-3-11 Owner Unknown 17-4-1 Mary B. Tuthill Box 797, Orient, NY 11957 17-4-2 Selma Schneider & ano. P.O. Box 345, Orient, NY 11957 17-4-3 Donald Edward and Robert Allen VanCleef c/o Clifford J. VanCleef 25745 Main Rd., Orient, NY 11957 417 911e93 Receipt for Certified Mail No Insurance Coverage Provided Do not use for fnternational Mail (See Reverse) Semt0St~ven J.N. & Pm~'~ ~ ~ Street and No - .... P.O. Box 2046 P O, State and ZIP Code Postage $ .32 Certified 1.10 Special ~livery Fee Restricted Delive~ Re~rn Receipt Showing to Whom & Da~ Deliv~ Return Receipt Sho~g to Wh~, E 4 .I ,I 920 Re~H~ for Certified Mail NO Insurance Coverage Provided Do not use for International Mail (See Reverse) Sb~eet and NO, P.O. Box 86 P.O., S{ate and ZIP Code Or~n~. ~ 11997 Pos~ge ~ F..~ .. ~.,,, $ 1.42 Postmark ~ ,~.~. ~% *% P 417 911 894 Receipt for Certified Mail ~ No insurance Coverage Provided ~ff~c~ Do not use for International Mail (See Reverse) c/o Ann~ Brah~h WJlli~r~s ~ ~=3, '-~-- ~. ~4941 .32 1.10 417 911 69~. Receipt for ~ Certified Mail~ ~ No Insurance Coverage Provided Do not use for International Mail (See Reverse) Orient, NY 11957 $ .32 1.10 Ft ~ .... ,~ Sl,42 P 417 911 896 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) · r. &Mrs. George H. Rowsom T~rrv~ PFd PO, Slate and ZIP Code ~rien~. NY 11957 $ .32 1.10 P 417 911 895 Rece~p~r Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) P 417 921 Re~cr'ip~for Certified Mail ~ No insurance Coverage Provided ~ Do not use for International Mail (See Reverse) 18 Ferry Rd. Old Lvme. CT 06371 Postage $ · 32 Certified Fee 1.10 TOTAL Postage ~-. , '~:. i 42 .E P 911= 919 ReC' rfifTor Certified Main mm No ~nsuranee Cove?age Provided .~.~ Do not use for ~ntemationa~ Mail (See Reverse) Ellen & Paul Mitchell 69D Bav Avenue Hal~sJ~. NY 19741 ~ .32 1.10 T,o;: Po,tage Postmark or Date ,~" '~ ~/1/ 417 91t 923 ,.Receipt for Certified Mail ~ No Insurance Coverage Provided Do not use for International Mail (See Reverse) ir.&~4rs. Harold Parf_lon 4 Lafavette Place P O , State and ZiP Code Pos,,ge 0 .32 1.10 Date, and Addre~'s A~dress ~' ¢ ¢--2, '$'. 1.42 Postmark~r D~e / ~ 417 911 925 .~/~. Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mall (See Reverse) 417 91:6 922~~ Receipt for Certified Mail No Insurance Coverage Provided Do not use for international Mail {See Reverse) Sent to Christopher Welles Street and NO 98 Joralemon St. P 0 , State and ZIP Code Brooklyn. NV 112,)1 Postage $ ,32 Certified Fee 1.10 Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom & Date DeJivered Return Receipt Showing to Whom, Date, and Addressee's Address TOTAL PosIage & Fees ~ ]. 42 ", / P 417 911 924 Receipt for Certified Mail No Insurance Coverage Provided ~s,A~s DO not use for International Mail Sent to Street and NO ,Box 797 P.O., State and ZIP Code Orient, NY 11957 Postage $ .32 Certified Fee 1.10 Special Delivery Fse Restricted Delivery F~e Return Receipt Showing to Whom & Dale Deliveled Return Receipt Showing to Whom, Date, and Addressee's Address TOTAL Postage Postmark or Date ,r* ,~,! %;~ (See Reverse) Sent to Mr.&Mrs. Harold Street and No 4 Lafayette Place P.O., State and ZIP Code Chatham, NJ 07928 $ o 32 1.10 &Fees - $ 1.42 Postmark or ~ate ~' / 417 911 928 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) Donald Edward & ~Dbt. Alle Street and No VanC~ee~ Orient. NY 11957 $ .32 1,10 p 417 911 927' Receipt for ~ Certified Mail No Insurance Coverage Provided Do not use for international Mail (See Reverse) Selma Schneider & ano. p.O. pox 345 OTi~nt-. NV 11957 & Fees r~ '~ '-- '~ I PROJECTI.D. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION ~0 be completed by Applicant or Project sponsor) 1, APPLICANT/SPONSOR I 2. PROJECT NAME SEQR 5. IS PROPOSED ACTION: [] New [] Exoansion J~l Modlflcaflonlalterlfion 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF ~ND AFFECTED: 8. WILL PROPOSED ACTION COMPLY WITH ~ISTING ZONING OR OTHER ~ISTtNQ ~ND USE RESTRI~IONS? ~ NO If NO, descflDe briefly 9. WHAT tS PR;SE,T ~"0 US~ IN WCINl~ OF P~OJ;~? ' ' ~ Residential ' ~ IfldusUJal ~ Commercial ~ Agriculture ~ Par~ForesUOpen space ~ Ot,sr ~ Yes ~ NO If yes, list agency(s) and ~ermiUa~movals ,2m AS A REsUlT OF pROPOSE" ACT'O" WILL Exmszm.~ PERMIT/APPROVAL REQUIRE MODIFICATION? I CERTI~ THAT THE INFORMATION PROVIDED ABOVE I$ TRUE TO THE BEST OF MY KNOWLEDGE If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 .(Continued on reverse side) of The N.Y.S. Environmental Quality Review Act requires submission this form, and an envlro-nmental review will be made by this board before any actioh is taken. I_NSTRUCTIONS: . (a) In order ko answer the questions in this short ~AF it is 'assumed that the preparer will use currently available information COncerning t~e project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c} If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment ' 1. Will project result ia a large physical change to the project site or physically'alter more than 10 acres of land? 2. Will there be a major change to any unique or un~ual land form on the site? 3. Will project alter or have a large effect on an.existing body of water? 4. Will projec~ have a potentially large impact~on groundwater quality? 5. Will project significantly effect drainage flow on adjacent sites? 6. Will project affect any threatened or endangered plant or animal species? 7. Will project result in a major adverse effect on air quality? 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas .. known to be important to the community? . - Yes ~___N~ 9. Will project adversely impact any ~ite or struct-' ute of historic, pre-historic, or paleontological importance or any site designated as a critical enviruamental area by a local agency? Yes ~ No 10. Will projece have a m~jor effect on existing or future recreational opportunities? _. Yes .~No 11. Will project result in major traffic problems or cause a major effect to existing transportation ' systems? ' 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical diSturb- ance as a result of the project's operation? ~Yes ~No 13. Will prOject have any impact on public health or safety? ~Yes ~No 14. Will project affect the existing co,unity by directly causing a growth in permanent popula- tion of more than 5 percent over. a one-year Yes ~'No period or have a major negative effect on the ~ charact~ of the community or neighborhood? 15. Is there public controversy concerning the project? . . RePresenting: ~ QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) B. Is the subject premises listed on-the real estate market for sale. or being shown to prospective buyers? { } Yes {X} No. (If X~s, pl-~se a~f--h cot~y o~ "concli~nns,, of sale.) C. Are there a~y ~posals tD ~ange :rr alter land c~tcL~u? { } Yes {X} No D. 1. Are there any areas which contain wetland grasses? Se~ the wetland areas shown on the map submitted with this application? ~ ¢~e~u~i~ ~,~,~e,? ~,, be~ 3. Is the property bulkheaded between the wetlands area and the upland building area? ~ o 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? ~~.,,:~.;,~ ;~ E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level2 ~,~. (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, ~ulkheads or which e~t and are not shown ~n the survey map that you submitting? ~oR~ If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? ~ome If yes, please submi:.a copy cf your building permit and' map as approved by the Building Department. If n0he, please state. H. Do you or any co-owner alsd own other land close to this parcel? m~ If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel and Authorized Signature and Date - 3/87, 10/901k PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchle Latham, Jr. Bennett Orfowski, Jr. Mark S. McDonald Kenneth L. Edwards PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 Main Road r P. O. BOX 1179 SouthoId, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 August 23, 1994 Shepard M. Scheinberg P.O. Box 716 Aquebogue, NY 11931 Re: Proposed minor subdivision for Barbara B. Dow SCTM# 1000-17-2-6 Dear Mr. Scheinberg: The following resolution was duly adopted by the Southold Town Planning Board at a meeting held on Monday, August 22, 1994: BE IT RESOLVED that the Southold Town Planning Board grant conditional sketch approval on the maps dated March 14, 1994, with the following condition: 1, Sketch plan approval is.condrdoned on receipt of 280-A access approval. The Planning Board granted a conditioned Negative Declaration on July 21, 1992. The maps have been revised, and a Declaration of Covenants and Restrictions has been filed in accordance with the conditions of the conditioned Negative Declaration. The Planning Board has referred this subdivision to the Suffolk County Planning Commission for their review. The SCPC report will be reviewed upon receipt of a positive determination in regard to 280-A access approval. The application has also been referred to the Orient Fire District for a recommendation as to whether or not a firewell is necessary. You will be notified if the Planning Board determines that a firewell is necessary. Page 2 M~oraubd~b~n ~rBa~bam Dow August23,1994 Upon submission of maps in final form and 280-A access approval, the final hearing will be scheduled. Final maps must contain a notation that a Declaration of Covenants has been filed including the Liber and Page number of all recorded documents in addition to a valid stamp of Health Department approval. The final maps must be in proper form to be recorded in the County Clerk's office. Please note that 8 paper prints and 2 mylars of the final maps are required prior to any endorsement of the subdivision. Please contact this office if you have any questions regarding the above. Sincerely, Richard G. Ward "o Chairman enc. cc: Zoning Board of Appeals PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Rhchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OFSOUTHOLD State Environmental Quality Review CONDITIONED NEGATIVE DECLARATION Notice of Determination of Non-Significance SCOI'F L. HARR1S Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 July 21, 1992 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the'proposed action described below will not have a significant effect on the environment provided certain conditions are adhered to, and that a Draft Environmental Impact Statement need not be prepared. Name of Action: Minor Subdivision Barbara B. Dow SCTM#: Location: 1000-17-2-6 Approximately 1,450 feet north, of Main Road on a right-of-way located 2,600 feet west of Young's Road in Orient. SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration~ Yes (X) No ( ) Description of Action : Subdivision of a 4.99 acre parcel into two lots, 2.0 acres and 2.99 acres respectively. Parcel located in the R- 40 (Residential 1 acre) Zoning District. -'. @ .( ( SEQR Conditioned Negative Declaration (Cont.) Conditions of Negative Declaration: A building envelope shall be indicated for proposed Lot 2 to the south of the "traveled road" in order to decrease the potential for erosion of the terrain and encroachment on the wetlands. Such building envelope shall indicate the front, rear and side yard setbacks, and all setbacks shall conform to the minimum-- requirements of the Town Code. e A conservation easement shall be placed on Lot 2 in all areas outside of the building envelope. There shallbe no clearing or grading allowed within the conservation easement. A footpath to the beach area and a driveway to access the dwelling located within the building envelope shall be the only uses allowed within the conservation easement. All activities within 75 feet of the mean high water mark on Long Island Sound are within the jurisdiction of the Board of Trustees. Therefore, the location of the footpath shall be subject to review by such Board. e A covenant shall be placed on both'lots restricting any further subdivision in perpetuity. -The wet areas located on proposed lot 2 shall be left · in their natural state, and shall not be filled. Haybales, silt fences or the equivalent shall be used during the time of excavation of the dwelling foundation and the septic system in order to mitigate the erosion impacts to the wet areas. Reasons Supporting This Determination: This determination is issued in full consideration of the criteria for determination of significance contained in 6 NYCRR Part 617.11 (a), the criteria 'for issuance of a Conditioned Negative Declaration contained in 617.6 (h), and in consideration of the Long Environmental Assessment Form Parts I and II, and the following specific reasons: The project is an Unlisted action, a full EAF has been prepared, and a coordinated review with involved agencies has been completed. The subject property is zoned Residential R-40, and the proposed project conforms to the requirements for this District. e The conditions imposed will reduce the projects potentially significant adverse effects to a non-significant level. 4. The project has bee~ reviewed by the Southold Town Board of Trustees, and all comments from that Department have been incorporated into the design. For Further Information: Contact Person: Address: Telephone Number: Melissa A. Spiro Planning Board (516) 765-1938 cc: Suffolk County Department of Health Services Suffolk County Planning Commission Roger Evans, NYSDEC, Stony Brook Commissioner Jorling, NYSDEC, Albany John M. Bredemeyer III, Board of Trustees Judith Terry, Town Clerk Applicant .. 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 SCO'I-r L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 July 22, 1992 Colin Van Tuyl 218 Front Street Greenport, New York 11944 RE: Proposed Minor Subdivision for Barbara B. Dow Orient SCTM~ 1000-17-2-6 Dear Mr. Van Tuyl: The following resolutions were adopted by the Southold Town Planning Board at a meeting held on Tuesday, July 21, 1992: Be it RESOLVED that the Southold Town Planning Board rescind its resolution of May 15, 1989, in which a determination of significance was made and a Positive Declaration was issued to the above mentioned project. Be it further RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, make a determination of non-significance, and grant a Conditioned Negative Declaration for the minor subdivision of Barbara B. Dow. It is the opinion of the Planning Board that the proposed alternative combined with the conditions imposed will reduce th~ project's potentially, significant adverse effects to a non-significant level. The conditions of the Conditioned Negative Declaration are as follows: A building envelope, shall be indicated for proposed Lot 2 to the south of the "traveled road" in order to decrease the potential for erosion of the terrain and encroachment on the wetlands. Such building envelope shall indicate the front, rear and side yard setbacks, and all setbacks shall conform to the minimum requirements of the Town Code. A conservation easement shall be placed on Lot 2 in all areas outside of the building envelope. There shall be no clearing or grading allowed within the conservation easement. A footpath to the beach area and a driveway to access the dwelling located within the building envelope shall be the only uses allowed within the conservat%on easement. All activities within 75 feet of the mean high water mark on Long Island Sound are within the jurisdiction of the Board of Trustees. Therefore, the location of the footpath shall be subject to review by such Board. A covenant shall be placed on both lots restricting any further subdivision in perpetuity. The wet areas located on proposed Lot 2 shall be left in their natural state, and shall not be filled. Haybales, silt fences or the equivalent shall be used during the time of excavation of the dwelling foundation and the septic system in order to mitigate the erosion impacts to the wet areas. In addition, due to the location of the existing "traveled road" and the terrain of the property, it is not feasible to design the subdivision in a manner other than to allow Lot 1 access over Lot 2. The maps must contain a notation that the 25 foot right-of-way, (presently shown as the "traveled road"), is to provide access to Lot 1. Both lots must contain a covenant to allow such access. Upon submission of maps including all conditions of the Conditioned Negative Declaration, the application will be Scheduled for sketch approval and the map will be referred to the Suffolk County Planning Commission for review. The final hearing will not be scheduled until final maps containing a valid stamp of Health Department approval have been submitted. Enclosed please find a copy of the Conditioned Negative Declaration for your records. Please contact this office if you have any questions regarding the above. Encl. Very truly yours, Bennett Orlowski, Jr. Chairman THRU 9 MUST BE TYPED~tt pRINT~'D IN, BLACK INK ONLY ~I~OR TO RECORDING OR FILING. Number of pages . '~ . ~};~ ~m~ ~ ~ ' .... ' FEES Notation Sub Tot~ ~A-~I7 (Counly) t; Sub Tol~ ~. SpecJAdd. ~P.T.S.~ /~.~ DuE Town Dual County Comm. of Kd. 5 . 00 [ Held for Appo~ionment ~ffidavit Ce~ified Cop~ The prope~ ~overed i~ or will be improved b~ · one or two Reg. Cop~ Sub Tot~ ~ famil~ dwelling only. YES or NO Other G~ND TOT~. ~ . g NO, see appropriate t~x clause on page O of this inst~ment. ~*r~ Real P~pe~y T~ Se~ce Agency Verification 6::: :~:~ Title Comply ~fo~ation ~ ~ Dist Section Block ~ 1000 017.000 02.00 006.000 ~/~ ln~ Title Number '7I FEE P~ BY: C~h Ch~k ~ Charg~ S~PARD ~. SCOt.ERG, ESQ. PayersmeasR&R~ P.O. ~x 599 OR: $ ~CO~ & ~ TO , (ADDRESSI Suffolk CoUn coruing Endorsemeni This page forms part of the aflached ~ made by: ~cd, Mongag~, ~tc.) The premises herein is situated SUFFOLK COUNt, NEW YO~. TO In the TOWN of In the ~GE or ~MLET of OR~ NF~ATTVE DECLARATION OF CO~.NANT~ AND RE~TCTTON~: CONSERVATION EASEMENT= AND EASEMENTS FOR ACCESS AND UTILITIES THIS DECLARATION made this ~7~th d~y of May, 1994, by BARBARA B. DOW residing at 87 Marjorle Court, Manhasset, NY 11030, hereinafter referred to as the DECLARANT, as the owner of 9remises described in Schedule "A" annexed hereto (hereinafter referred to as the PREMISES) desires to restrict the use and enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES negative covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: W]{EREAS, DEcI2%RANT has made application to the Planning Board of the Town of Southold (hereinafter referred to as the PLANNING BOARD) for approval of a two lot minor subdivision of the PREMISES, and WHEREAS, the PLANNING BOARD by its resolution of July 21, 1992 made a determination of non-significance and granted a Conditioned Negative Declaration for the minor subdivision of the PREMISES, and WHEREAS, such resolution required the DECLARANT to place certain restrictions on the PREMISES and to provide access to Lot 1 over the traveled road located on Lot 2, NOW, THE DECLARANT MAKES THE FOLLOWING RESTRICTIVE COVENANTS AND RESTRICTIONS, CONSERVATION EASEMENT AND EASEMENTS OF ACCESS AND FOR UTILITIES: 1. There shall be no further subdivision of the two lots, the subject of these covenants and restrictions. 2. A conservation easement is hereby imposed upon Lot 2 in all areas outside of the building envelope. There shall be no clearing or grading allowed within the conservation easement. A foot path to the beach area and a driveway to access the dwelling located within the building envelope shall be the only uses allowed within the conservation easement. Ail activities within 75 feet of the mean high water mark on Long Island Sound are -1- within the jurisdiction of the Board of Trustees of the Town of Southold and the location of the footpath shall be subject to review by such Board. 3. The wet areas located on Lot 2 shall be left in their natural state, and shall not be filled. Haybales, silt fences or the equivalent shall be used during the time of excavation' of the dwelling foundation and the septic system in order to mitigate the erosion impacts to the wet areas. 4. Lot 1 is hereby granted an easement over Lot 2 for ingress and egress for access by foot or vehicle and an easement for telephone, electric, water, sewer, cablevision and any other utility over the 25 foot right-of-way (presently shown as the "traveled road"). 5. Lot 2 is hereby granted an easement over Lot 1 for telephone, electric, water, sewer, cablevision and any other utility. 6. The aforementioned Restrictive Covenants shall be enforceable by the PLANNING BOARD OF THE TOWN OF SOUTHOLD, by injunctive relief or by any other remedy in equity or at law. The failure of said PLANNING BOARD to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the TOWN OF SOUTHOLD or any officer or employee thereof. 7. These covenants and restrictions, conservation easement, utility easements and easement for access shall run with the land in perpetuity and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended only with the written consent of the PLANNING BOARD. 8. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid, or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjUdged to be illegal, unlawful, invalid, or unconstitutional. BARBARA B. DOW -2- STATE OF NEW YORK ) : ss.: COUNTY OF CUUFGL:~ ) On the ~ day of May, 1994, before me personally came BARBARA B. DOW, to me known to be the individual described in and who executed the foregoing instrument and acknowledged that she ex.ed s~_~ Notary Public : State of New York DORIS DENICOLO Notary Public, State of New York No. 4784123 Qualified in i~,'assau County -3- SCHEDULE A OVER ALL DESCRIPTION Ail that piece, or parcel of land, with the improvements situate thereon, lying and being at Orient, Town of Southold, County of Suffolk and State of New York; Beginning at a point situate at the South East corner of the subject premises, which point marks the North East corner of a 50 foot Right of Way crossing the land, now or formerly of Rowsom, and running from said point of beginning the following courses and distances: SOUTH 82 DEGREES 31 MINUTES 30 SECONDS WEST 96.18 FEET along lands now or formerly of Rowsom; THENCE NORTH 88 DEGREES 36 MINUTES 00 SECONDS WEST 98.10 FEET along the "Old Burial Ground"; THENCE NORTH 4 DEGREES 45 MINUTES 00 SECONDS EAST 128 FEET along lands now or formerly of Stern to a monument; THENCE SOUTH 81 DEGREES 10 MINUTES O0 SECONDS WEST 51.29 FEET still along land now or formerly of Stern to a monument; THENCE NORTH 19 DEGREES 54 MINUTES 30 SECONDS EAST 120.52 FEET still along land now or formerly of Stern to a monument; THENCE NORTH 7 DEGREES 46 MINUTES 30 SECONDS WEST 585.21 FEET still along lands now or formerly of Stern, Chierchie and Stern and through a monument to the ordinary high water mark of the Long Island Sound; THENCE ALONG THE ORDINARY HIGH WATER MARK OF THE LONG ISLAND SOUND THE FOLLOWING FOUR (4) COURSES AND DISTANCES: (1) SOUTH 70 DEGREES 52 MINUTES 50 SECONDS EAST ALONG A TIE LINE 138.14 FEET; (2) sOUTH 49 DEGREES 43 MINUTES 20 SECONDS EAST ALONG A TIE LINE 154.67 FEET; (3) SOUTH 32 DEGREES 22 MINUTES 10 SECONDS EAST ALONG A TIE LINE 349.27 FEET; (4) SOUTH 53 DEGREES 55 MINUTES 40 SECONDS EAST ALONG A TIE LINE 87.99 FEET to land now or formerly of Mitchell; -4- THENCE SOUTH 47 DEGREES 41 MINUTES 30 SECONDS WEST 369.08 FEET along lands now or formerly of Mitchell and Rowsom; THENCE SOUTH 31 DEGREES 20 MINUTES 20 SECONDS EAST 72.85 FEET along land now or formerly of Rowsom to the poln% or place of Beginning. LOT Ail that piece, or parcel of land with the improvements situate thereon, lying and being at Orient, Town of Southold, County of Suffolk and State of New York; Beginning at a monument situate at the South East corner of the subject premises, which monument is the following three (3) course and distances from a point which marks the North East corner of a 50 foot Right of Way crossing the land, now or formerly of Rowsom: (1) SOUTH 82 DEGREES 31 MINUTES 30 SECONDS WEST 96.18 FEET along lands now or formerly of Rowsom; (2) THENCE NORTH 88 DEGREES 36 MINUTES 00 SECONDS WEST 98.10 FEET along the "Old Burial Ground"; (3) THENCE NORTH 4 DEGREES 45 MINUTES 00 SECONDS EAST 128 FEET along lands now or formerly of Stern to a monument; RUNNING THENCE FROM SAID POINT OF BEGINNING SOUTH 81 DEGREES 10 MINUTES 00 SECONDS WEST 51.29 FEET still along land now or formerlY of Stern; THENCE NORTH 19 FEET still along monument; DEGREES 54 MINUTES 30 SECONDS EAST 120.52 land now or formerly of Stern to a THENCE NORTH 7 DEGREES 46 MINUTES 30 SECONDS WEST 585.21 FEET still along lands now or formerly of Stern, Chierchie and Stern and through a monument to the ordinary high water mark of the Long Island Sound; THENCE ALONG THE ORDINARY HIGH WATER MARK OF THE LONG ISLAND SOUND THE FOLLOWING THREE (3) COURSES AND DISTANCES: (1) SOUTH 70 DEGREES 52 MINUTES 50 SECONDS EAST ALONG A TIE LINE 138.14 FEET; (2) SOUTH 49 DEGREES 43 -5- MINUTES 20 SECONDS EAST ALONG A TIE LINE 154.67 FEET; (3) SOUTH 32 DEGREES 22 MINUTES 10 SECONDS EAST ALONG A TIE LINE 222.26 FEET; THENCE SOUTH 34 DEGREES 15 MINUTES 50 SECONDS WEST 156.28 FEET along other lands of Barbara B. Dow (Parcel 2); THENCE SOUTH 47 DkGREES 41 MINUTES 30 SECONDS WEST 115.00 FEET still along said Parcel 2 of Dow; THENCE SOUTH 35 DEGREES 57 MINUTES 00 SECONDS WEST 180.00 FEET still along said Parcel 2 of Dow to a monument and the point or place of beginning. LOT TWO Ail that piece, or parcel of land, lying and being at Orient, Town of Southold, County of Suffolk and State of New York; Beginning at a point situate at the South East corner of the subject premises, which point marks the North East corner of a 50 foot Right of Way crossing the landl now or formerly of Rowsom, and running from said point of beginning the following courses and distances: SOUTH 82 DEGREES 31 MINUTES 30 SECONDS WEST 96.18 FEET along lands now or formerly of Rowsom; THENCE NORTH 88 DEGREES 36 MINUTES 00 SECONDS WEST 98.10 FEET along %he "Old Burial Ground"; THENCE NORTH 4 DEGREES 45 MINUTES 00 SECONDS EAST 128 FEET along lands now or formerly of Stern to a monument; THENCE NORTH 35 DEGREES 57 MINUTES O0 sECONDS EAST 180.00 FEET along other lands of Barbara B. Dow (Parcel 1); THENCE NORTH 47 DEGREES 41 MINUTES 30 SECONDS EAST 115.00 FEET still along said Parcel 1 of Dow; THENCE NORTH 34 DEGREES 15 MINUTES 50 SECONDS EAST 156.28 FEET still along said Parcel 1 of Dow to the ordinary High Water Mark of the Long Island Sound; -6- THENCE ALONG THE ORDINARY HIGH WATER MARK OF THE LONG ISLAND SOUND THE FOLLOWING TWO (2) COURSES AND DISTANCES: (1) SOUTH 32 DEGREES 22 MINUTES 10 SECONDS EAST ALONG A TIE LINE 127.01 FEET; (2) SOUTH 53 DEGREES 55 MINUTES 40 SECONDS EAST ALONG A TIE LINE 87.99 FEET to land now or formerly of Mitchell; THENCE SOUTH 47 DEGREES 41 MINUTES 30 SECONDS WEST 369.08 FEET along lands now or formerly of Mitchell and Rowsom; THENCE SOUTH 31 DEGREES 20 MINUTES 20 SECONDS EAST 72.85 FEET along land now or formerly of RowSom to the point or place of Beginning. -7- Standazd N. Y. B. T.U. Form 8006 * 9.6~Bazgai. and Sale Dec'l, without Covenant asainst Gzantor's -Individual st Corporation. CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE, made the /d day of April , nineteen hundred and seventy. BETWW-~-N JOSEPH HOYT STERN, residing at Sound Shore Road (no street number), Orient, Suffolk County, New York, party of the first part, and BARBARA B. DOW, residing at No. 22 Central Drive, Port Washington, New York, ok: ~f ~z ~. ~'ta:'~. i~:.r:t~.~.')'. r,&., ,"L":J~'~LL"~$] '( ' ~,G°- ,.h.,rc. 1oxoli0~',A?l~6.?~[~:~)l,:: ,1, .'~ l~rty of the second part, WITNF,,~ETI']~ that the party of the first part, in consideration o[ (~l. O0) and other valuable consideration ]'ATE;:~I:F.%~?~ , 8.'B; O, p;::i*: }; the sum of One Dollar lawful money of the United States, ' [mid by the party of the second part, does hereby grant and release unto the party of the second pait, the heirs or successors and assigns of the party of the second part forever, ~l.l. thatcer~inplot, pieceorparcelofland, ~,*,l,,,~n~bMM~tn~muidu?~~ situate, ~ingandbelngbl1111~at~Orient,~Town of?So~tho~d,~°untY o~,Suffolk and State'of New York bounded and described aa follows:''~ :: BEGINNING at a point which is bounded and described as follows: BEGINNING at the southwesterly corner'of the Qld Burying Ground which is also the northwesterly corner of.~landconveyed by Lillian D. Stern to Joseph Hoyt gtern by Deed dated January ll; 1958,'and recorded in Liter ~h21 Page 444, and running thence North 4 degrees 45 minutes 50 seconds East 158 feet along the westerly line of said Old Burying Ground; the~de South.89 degrees 37 minutes East 50 feet.,to the. point or place of beginning.of the parcel'herein described and ,to be conveyed; running thenc& from said point of beginning; and along the division line between the lands of Jonathan:Dwight Stern and Joseph Hoyt Stern (the'Seller) the following'courses and~distances: (1) North ~,degrees 45 minutes 50:seconds East.12U.feet; · (2) SoUth 81.,degrees .lO:minutes ~e~t 51.2~:feet;, (3~ North 19 degreesi~4 minutes 30"Sec°nds East 120'52 feet; (4) North 7,,degrees.~ minutes BO,seconds West..585.21 feet to the ordinary high water mark-of/Long island~So.~u~,d;~thencel~al°ng said high w~ter mark~ following'.fou~ qoU~'e~ :" (1) south 70 d~grees 52 minutes 50 s'econds East 13U.l~ feet; (2) South 49 degrees 43 m~nutes 20 seconds East 154.67 feet; (3) South 32 degrees 22 mmnutes l0 seconds East 349.27 feet; (4) South 53 degrees'.55 minutes 40:i.seconds East 87.99 feet to the land, now or formerly of Stuart'Dorman;.'. ': ,~:c:': . .' .. Said land of Stuart~:D0rman and'the~land of George Rowsom thence along . ' ' :'! 6 .08 feet''and thence South 47 degrees~.41 minutes 30 seconds West 39 , continuing along.the ~aid'land of'George'R°ws°m South'31 degrees 20 · :~ ~ n~on~s Esst 72.85 feet;*thenc~a$outh.82 degrees 31 mznu~ ....... ~-: _' ~ L~ ,~ ~et ~,~,~,~~b~t~ to the minutes 30 seconQs wes~ yo.~u z= Northeasterly corner.of ,the'Old:BuryingGrOttud and'~thence along the ........ .~. Northerly Line o~ ~ne u±u our~ ~.' o ' ' ' · mmememmmm~mmmm~m~e~mNorth 88.~, 36~West 98.10.feet .tolthe poznt br place ~f BEGINNING. : , · TOGETHER.with.all the'right, title.and inDereS~ o~.~ne parDy first'pa~t in'common with otherS;~9~ the U~ei:b~. h~ght of way .to and from the 018 Burying Ground. 235 TOGETHER with all of the right, title and interest of the party of the first'part in common with ~others in the right of way running from the southeasterly corner of the premises hereinabove described and running along the westerly boundary line of the land of Rowsom as set forth in ~ de~d by the party of the first part to George Rowsom recorded zn Lzber 4884 at, page 486 ~and in and to the ~ightof Way reserved by the party of the first part 50 feet in width in the conveyance by the party of'the~fi~st part ~to George Rowsom under deed dated January 28, 1970 and recorded in Liber~6697 at page 488 and also to the right of way running southeasterly end'southerly to the Nain ~oad from the southeasterly corner of the pre.m~,ses last mentioned as having been conveyed to George Rowsom (be~g also identified aS~mthe southeasterly corner of the Third Parcel in deed recorded in Liber 6129 at.page 103). The above described premises are..her~by conveyed subject to the following restrictions wh~dh the party of the.second part covenants and agrees~to observe as evidenced by the execution of this deed: (a) No sewage treated or untreated or refuse of any kind shall be emptied or allowed to be emptied'into Long Island. Sound. (b) The premises conveyed shall not be sub-d~vided into more than four (4) parcels and no building or structur~ shall be erected or permitted to be erected on any one of such sub-divided units for use of occupation for any purpose, other~than as a.private. . dwelling for one family only. -- · (c) The covenants and restrictions referre~ to in (a) end'(b) above shall b~covenants running with the,lend'until April 10,~1995~ at which'time,said covenants shall cease and terminate~ , TOG~THF~ witl~ all right, title and interest, if any, of the party of the first part in and' to any streets and roads abutting the above described premises t9 the. center lines thereof, TO~ETHF_,R with the appurtenances and all the ~te and rlghts~0f'~he ~y of the first ~ in and to said premises, ~' ~; ~'/' ~: ~ ~. '.~ ~: ~/~:~ ~ ~VE AND TO HO~ the premises herein granted unto ~ ~rty of~ ~e s~nd ~rt, the heirs or successors and assigns of the party of the se~nd ~rt forever. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of 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 WITNESS WHF. REOF, the party of the first par~ has duly executed this deed the day and year first above written. · . Y rus/IC'$1ale oi New I ~ ~: Res/d/nfl in St foltc Cou y ' -, Cl~s. No 52.60 ~ /'~ ~, .~S~nn · 86685 h HOyt Stern (L.S.) STATE OF NEW YORK, COUNTY Suffolk, On the I]~'''' day of April 19 '~0 , before me persona/ly came JOSEPH HOYT STERN to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. ' N~ "et°R Public, St~le of New ~Olk ~o. 60-5793300 ~ailfied In ~enchesler Co~ ~TATE OF ~EW YORK, COU~Y OF ~m On ~e day of 19 , before me personally ~me I ~ ~ to me known, who, being by me ~uly sworn, did depose and say that he resides at ~o. that he is the o~ , the ~oratlon descried in ~d which ~ecuted the foregoing instrument; that he ~ows the seal of said cor~ratlon; that the s~l affixed to said instrument is such co.orate seal; that R was so affixed by order of the ~rd o[ dire~ors of said corpora- ~on, and that he si~ed h n~e thereto by like order, STATE OF NEW YORK, COUNTY 011 personally cable to me known to he the indlvldo~l described in and who .~t~2.ed the fore~oing"i~strument, and acknowledged that executed the ~ame. :' ' ALBERT ...... .' ,' ' /f~lty :l~Ublle, StaLe of ' ' Ng'.'4~l'sa~5500.Qt~M i ~' York STA~ OF NEW YORK, CO~ OF ss~ ' personally ~e the subscribing witness to the foregoln~ instrument with whom I am ~rsonally acquainted, who, being by me duly sworn, did depose ~d say that he r~id~ at No. that he ~ows to be the individual described in and who executed the foregoing instrument: that he, said subscribing witness; was present and saw execute the same: and that he, said witness, at the same time subscribed h name as witness thereto. WITHOUT COVENANT AGAINST ~P, ANTp~F~CTS JOSEPH HOYT STE~ TO BA~A~ B. THE TITLE GU, tRd~rTEE COMPNA~Y AINN03 )llOJJfl$ .JO )1~3'13 NOS!~J:!':JT~' 'I,' ....:. 31 I'I 1 §1 }JdV OL, SECTION BLOCK LOT COUNTY ~ Suffolk Recorded At Request o! The Title Guarantee Company ' ri / O' . RECORDED Clerk