HomeMy WebLinkAbout4142ADAM ~ASSOCIATES
Adam's Rd., Mattituck
113~tL~-
12
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To construct one-family dwelling, r.o.w, off
Cox Neck Rd., Mattituck where Town Law 280A
requires an approved access to properties in
question. (Note: Prev.
respect to Lot 4 on this
appeal made with
subd. map)
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Rielmrd C. Wilton
Telephone (516) 765-1809
Appl. No. 4142.
BOARD OF APPEALS
TOWN OF SOUTHOLD
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
ACTION OF THE BOARD OF APPEALS
Upon Application of ADAM ASSOCIATES INC. for a Variance
as provided by New York Town Law, Section 280-A for approval of
access for emergency and fire vehicles over a private
right-of-way extending off the easterly side of Cox Neck Road,
Mattituck, in an east-west direction a distance of approximately
616.30 feet. The subject right-of-way is referred to on the
County Tax Maps as part of Parcel No. 1000-113-14-11 and is
situated 670+- feet north of the intersection of C.R. 48 (North
Road) and Cox Neck Road. The parcels to which access is
requested in this application is identified as County Tax Map
Nos. 1000-113-12-10.1, 10.3, 10.2, 9, 8; (and Parcel No.
1000-113-14-11 restricted for park and recreation area use).
All areas of access are located in the R-80 Residential Zone
District.
WHEREAS, a public hearing was held on January 14, 1993, and
all those who desired to be heard were heard and their testimony
recorded; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, 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. RELIEF REQUESTED. The portion of the right-of-way
premises which is under consideration in this appeal application
extends from the easterly side of Cox Neck Road, Mattituck, in
an easterly direction, 616.33 feet to the beginning of "Adam's
Road," a private road (having received approval by the Southold
Town Planning Board in the Minor Subdivision application for
Adam Associates February 4, 1991). The 616.33 ft. right-of-way
is shown on the Suffolk County Tax Maps as part of lot 11,
District 1000, Section 113, Block 14, and is more particularly
''Fage' 2 - Appl. No. 4142
· Matter of ADAM ASSOCIATES (280-A)
Decision Rendered February 23, 1993
shown in detail on a map prepared by Joseph A. Ingegno, L.S.
dated September 4, 1992.
2. PRESENT CONDITION OF RIGHT-OF-WAY. The condition of
the base of this right-of-way is good and has a present width of
approximately eleven (11) feet. However, the road does need
some minor improvements. There is a curve which needs to be
straightened, and the improved width of the right-of-way should
be widened to 14 feet at its center and have a 16 ft.
unobstructed clearance for sufficient maneuvering and access by
emergency (fire) vehicles and trucks.
3. In considering this application, the Board also finds
and determines:
a) the benefit to the applicant, as weighed against
the detriment to the health, safety, welfare of the community,
is greater, and is not unreasonable or substantial in relation
to the requirements;
b) the benefit sought by the applicant cannot be
achieved by some other method, feasible for applicant to pursue,
other than this request;
c) the relief requested will not have an adverse
effect or impact on the physical or environmental conditions in
the neighborhood or district;
d) the difficulties created are related to the land
and are not personal to the landowner;
e) this application, as conditionally granted, will
not be adverse to the preservation and protection of the
character of the neighborhood and the health, safety, and
welfare of the community.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Dinizio, it was
RESOLVED, to ADOPT the following conditions in this
application as applied under the provisions of New York Town
Law, Section 280-A, concerning access over a private
right-of-way:
1. That the entire right-of-way be improved 14
width, and have an unobstructed clearance at 16 feet
from the center point of the right-of-way;
feet in
(or more)
'~ag~ 3 - Appl. No. 4142
· Matter of ADAM ASSOCIATES (280-A)
Decision Rendered February 23, 1993
2. That the first 100+- ft. length extending from the east
side of Cox Neck Road be widened from the present 11+- feet to
14 feet for sufficient manueverability by fire and emergency
vehicles;
3. That the remaining length be straightened and pot-holes
filled with a mixture of bankrun and loam, or stone blend
mixture, or other material as is acceptable by the Chairman of
this Board;
4. That the entire length of the subject right-of-way
(616+- feet) be improved with the placement of 2" stone blend,
with continuance maintenance and good condition at all times
5. That in widening this right-of-way to 14 feet, very few
trees be removed and only as is necessary; and in the event the
straightening of the curved area in this right-of-way could
avoid the removal of large tree(s), that a map may be submitted
by the applicant locating the subject trees on a sketch for the
purpose of considering a request for a slight change (slight
curve). Any modification for intent to avoid the removal of any
large trees may be approved, in writing, at the discretion of
the Chairman or his appointed representative(s).
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Dinizio, Villa and Wilton. This resolution was duly adopted.
lk
GERARD P. GOEHRI~NGER~IRMAN
APPEALS BOARD MEMBERS
Gerard R Geehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
NOTICE OF HEARINGS
SCOTTL. HARRIS
Supervisor
Town Hall, 53095MainRoad
PO. Box l179
Southold, NewYorkl1971
Fax(516) 765-1823
Telephone (516) 765-1800
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Code of the Town of Southold, 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 THURSDAY, JANUARY 14, 1993 commencing at the
times specified below:
1. 7:32 p.m. Appl. No. 4141 - Application of ALICE
BENNETT for a Variance to the Zoning Ordinance, Article III,
Section 100-33 (and as amended December 4, 1992) for the
placement of an accessory garage in the front yard area with a
setback at less than the required 60 feet in this R-80 Zone
District. Location of Property: 2725 Soundview Avenue,
Peconic, NY; County Tax Map Parcel No. 1000-68-1-10.
2. 7:35 p.m. Appl. No. 4146 - Application of FREDERICK E.
HULSEt JR. and JOYCE HULSE for a Variance to the Zoning
Ordinance, Article III, Section 100-32 for permission to locate
proposed addition with a reduction in the southerly side yard at
less than the required ten (10) feet. Location of Property:
235 Sunset Lane, Greenport, NY; County Tax Map Parcel No.
Page 2 - Notice of ~rings
Southold Town Board of Appeals
Regular Meeting of January 14, 1993
1000-33-4-49. The subject premises is substandard in lot area
and is located in the R-40 Zone District.
3. 7:38 p.m. Appl. No. 4145 - Application of JOHN S.
McGEENEY and EDWARD F. RODENBACH (as Trustee) for a
Variance to the Zoning Ordinance, Article III, Section 100-32
for approval of a reduction of the lot area of an existing
parcel, with an increase of the lot area of the adjoining
parcel, in this proposed lot-line change. Location of
Property: South Side of Crescent Avenue and the north side of
Avenue "B," Fishers Island, NY; County Tax Map Parcel ID Nos.
1000-6-2-5 and 6. Each lot as exists is shown to substandard in
lot area and is located in the R-80 Zone District.
4. 7:45 p.m. Appl. No. 4144 - Application of SPECTACLE
RIDGE, INC. for a Variance to the Zoning Ordinance, Article
III, Section 100-3iA(i) for permission to establish second
residential use in the proposed accessory barn building {located
in the front yard area as per Appl. No. 4132A, decision rendered
November 9, 1992} as living area for family member or guests,
and domestic servant (in one unit). Section 100-31A(1) provides
for single-family use, not exceeding one dwelling per lot.
Location of Property: 14990 Oregon Road, Cutchogue; County Tax
Map No. 1000-84-01-02. The subject premises is zoned
Agricultural-Conservation and contains a total area of 19+-
acres.
Page 3 - Notice of ~rings
Southold Town Board of Appeals
Regular Meeting of January 14, 1993
5. 7:55 p.m. Appl. No. 4142 - Application of ADAM
ASSOCIATES~ INC. for a Variance under New York Town Law,
Section 280-A for approval of access for emergency and fire
vehicles over a private right-of-way extending off the easterly
side of Cox Neck Road, Mattituck in an east-west direction a
distance of approximately 616.30 feet. The subject right-of-way
is referred to on the County Tax Maps as part of Parcel No.
1000-113-14-11 and is situated 670+- feet north of the
intersection of C.R. 48 (North Road) and Cox Neck Road. The
parcels to which access is requested in this application is
identified as County Tax Map Nos. 1000-113-12-10-1, 10.3, 10.2,
9, 8; (and Parcel No. 1000-113-14-11 restricted for park and
recreation area use). All areas of access are located in the
R-80 Residential Zone District.
The Board of Appeals will at said time and place hear 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. For more information,
please call 765-1809 or visit our office.
Dated: December 21, 1992.
BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRM3~N
By Linda Kowalski
x
RECEIVED
II
NOV 3 0 T:JgZ
TOWN OF SOUTHOLD, NEW
RE VED
yoU :v u mz
APpEA. FROM DEC,S,ON OF BU,LD,NG ,NSPE OR L//9
~ufhold Town Clerk ........... ~
DATE ............
TO THE ZONING BOARD OF APPEALS, TOWN OF S~THOLD, N. Y.
1, (We) AD~..~QC~ . . of 905 Bayer Road.
Name of Appellant Street and Numar
... M~C~.[~g~ ................... .~..~.~ ....... HEREBY APPEL TO
Municipaii~ State
THE ZONIN~ BOARD OF APP~LS FROM THE DECISION OF THE BUILDING I~PE~OR ON
APPLICATION FOR PERMIT NO ..................................... DATED ......
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
(X)
Adam Associates
Name of Applicant for permit
of 905 Bayer Road, Mattituck, New York
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
Permit to build
1. LOCATION OF THE PROPERTY ...A..~...a.~.'...s....~.o...a..~..~.....~.,.a.~,~:.~..a..c.?. ........................ ..~..~,8...0. ........... ...
Street /Hamlet / Use District on Zoning Map
District 1000 Secti0n~Ll3 Blockl2L0ts /1%~2r &en~0~
r ner_ . - - .--. ._ . ~m Associates
Mop No. 9061 Lot No. 2 & 3 PPi0r 0wne~
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article Secti on
3. TYPE OF 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 Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
()
4. PREVIOUS APPEAL A previous appeal {bae~(has not) been made with respect to this decision
of the Building Inspector or with respect to this property. A previous appeal w-ets r0ade with
Such appeal was ( ) request for a special permit resDect 'co Tot 4 on ~is subdivision
(Z) request for a variance
and was made in Appea! No ...... ,3.8.4.21 ................. Dated 6/.29/.89
REASON FOR APPEAL
(X) A Variance to Section 280A Subsection 3
( ) A Variance to the Zoning Ordinance
( )
is requested for the reason that access 'co the subjec'c lo'cs
right of way from Cox Neck Road to Adam's Road.
is over a 50 foot
Form
(Continue on other side)
REASON FOR APPEAL~'~
Continue~
I. STRICT APPLICATION OF THE ORDINANCE would'produce pmcticoldifficultiesorunn~es-
so~ HARDSHIP.~ The subject lots front on Adam's Road, a 25 foot
right of way approved by the Planning Board incident to approving
the subdivision map entitled Minor Subdivision For "Adam Associates",
filed in the Suffolk County Clerk's Office on 2/7/91 as map no. 9061.
Applicant will improve Adam's Road as required by the Planning Board;
a performance bond and letter of credit have been given for such
improvement. However, in order to obtain a permit to build on Lots 2
and 3 (a house and accessory structures exist on Lot 1), a variance
must be obtained pursuant to Town Law §280-a(3), because access between
Cox Neck Road and Adam's Road is over a 50 foot right of way. Applicant
requests that the Board of Appeals determine the required improvement
of such right of way. Such right of way provides access for Lots 1, 2
and 3 on the "Adam Associates" subdivision map, for tax map lots 8
(n/o/f D.L. Fowler) and 9 (n/o/f Blanche George) in Block 12 of
Section 113, and for the Park and Recreation Area on the Subdivision
Map of Heritage Harbor.
STATE OF NEW YORK )
)
COUNTY OF SUFFOLK )
SS
ADAM ASSOCIATES
~. .... h ....................................
Signoture .~
Ruth Engel, Partne~
Sworn to this /..~... ................. day of .... N.O..v..e..mberx 19 92
Notary Public
./ooo- //-~ .;~./,~./TOWN OF SOUTHOLD PROPERTY RECORD CARD ~-'/z 3~-
OWNER STREET ~:2 ~¢~ VILLAGE DIST. SUB. LOT
FOYER OWNER N.~r'l¢~ ." E ~t~a~ ACR.
~s.~/~s~s. v~. ~ co~. c~. ~cs. ~k,. w~,, C ~¢~
~oc'~;'~ ,~,~c:~ ~o~ / ./~,.... "
~o Woo ~ooo ~1
AGE BUILDIN~ CONDITION .'
N ~ NORMAL BELOW ABOVE
FARM Acre Volue Per V~lue
Acr~
W~land ' FRONTAGE ON ROAD ' ~~ ' ~.
Total D~K
COLOR
J~4o u~)-, ........ TRIM ' '
M. Bldg:
Extension
Extension
Extension-
30 y.~t-~ ?gO
Porch
Porch
Breezeway
~aroge
Patio
o.B. ~/~/ /5~/s., £r~-
Total
Foundation
Basement
Iypire Pla~e
e RoOf`
IRecreatiOn Room
_~ OC~, ~arme;
Bath .........
Floors ......... :
Intedo~ F~ish,..
Heat
F~ooms 1st FlOor
Roar? 2nd Floor:
Driveway
inette
[LR.
DR.
FIN. B
TOWN F SO THO PROPERTY RECORD CARD
STREET ~r VILLAGE DIST~ SUB. LOT
ACR.
REMARKS
TYPE OF BLD.
PROP. C~SS
IMP. TOTAL DATE
FRONTAGE ON WATER TILLABLE
FRONTAGE ON ROAD WOODLAND
;~;. DEPTH MEADOWLAND
~' ' BULKHEAD ·: HOUSE/LOT
-~', ~ ~ .... ,~ TOTAL
OF SOUTHOLD OPERTY RECORD CARD
O--WNER S"~-R~ ET -~ ,~,_ ~:~ VILLAGE D~ST~ SbB. LOT
ACR. REMARKS
~'~ ~ ,, TYPE OF BLD.
C~SS
LAND IMP. TOTAL DATE
,::.~. FRONTAGE ON WATER TILLABLE
~,~;~ FRONTAGE ON ROAO WOODLAND
~'~ -~;;:.. ' ': DEPTH MEADOWLAND
: ,~. ~: HOUSE/LOT
:~:,-. , . ' BULKHEAD , ,
':"' ' ' ' ' ~; '~"~- :" - ' "'~ I . ' ' -, TOTAL .
I
S
3
000 SQ. FT 0 TH
LOT
";~-
N
LOT Z
KEY
AREA = 7.6797 ACRES
M/NOR SUBDIVISION
FOR
~'ADAM ASSOCIATES"
A T MA TTITUCK
TOWN OF SOUTHOLO
. 'SUFFOLK COUNTY, N
Scale I" = 100'
Jan. 9, 1987
86 o
API;EALS t~OARD MEMBERS
Gerard P. Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S. Collins
George Homing
BOARD OF APPEALS
TOWN OF SOUTHOLD
October 4, 2001
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971-0959
ZBA Fax (631) 765-9064
Telephone (631) 765-1809
Mr. Stephen A. George
515 Westview Avenue
Ridgefield, NJ 07657
Re: Telephone Inquiry for Copies
Dear Mr. George:
We were surprised to read some of the areas of your letter dated September 27,
2001 because it did not explain what you were asking copies of. You may recall that
when you called the ZBA office, you were inquiring if there were any records regarding
the right-of-way(s) bordering your property. At that time we offered to research the
basement ZBA files to see if there is any record of prior variances for your property, and
we asked you to send written confirmation by letter explaining which copies you
needed. We also said that either your real estate attorney or title company should
answer the questions that you had because they were in the area of real estate law, and
we were not able to answer them.
The copies that appeared to be of interest to you by telephone were those
relative to any surveys or maps in a file under "Adams Associates" possibly showing the
right-of-way that you were inquiring about. The Town cost for the copies was estimated,
by telephone, at $5.00, including postage. We enclose copies of the maps from the
Adams Associates file (paid for by your check #6235 in the amount of $5); if this is the
not the right-of-way, you may need to identify it on a map and inquire of some of the
other departments, or perhaps the County offices in Riverhead. There are records on
file with the Planning Board for Minor Subdivision(s) in the area, but we're not sure if
this is what you are looking for.
If you wish to request any other copies, please complete the attached Freedom
of Information form. If you would like a copy of the entire Adams Associates file, the
Page 2 - October 4
To: Mr. Stephen A. Geo~le
Re: Telephone Inquiry
copies are available at 25 cents a page, plus postage. Please fax or mail the form to
us, and we will call you with the estimate of the cost for the entire file. Thank you.
Very truly yours,
Enclosures Clerical Staff
3 - Appl. No 142
Matter of ADAM ASSOCIATES (280-A)
Decision Rendered February 23, 1993
2. That the first 100+- ft. length extending from the east
side of Cox Neck Road be widened from the present 11+- feet to
14 feet for sufficient manueverability by fire and emergency
vehicles;
3. That the remaining length be straightened and pot-holes
filled with a mixture of bankrun and loam, or stone blend
mixture, or other material as is acceptable by the Chairman of
this Board;
4. That the entire length of the subject right-of-way
(616+- feet) be improved with the placement of 2" stone blend,
with continuance maintenance and good condition at all times
5. That in widening this right-of-way to 14 feet, very few
trees be removed and only as is necessary; and in the event the
straightening of the curved area in this right-of-way could
avoid the removal of large tree(s), that a map may be submitted
by the applicant locating the subject trees on a sketch for the
purpose of considering a request for a slight change (slight
curve). Any modification for intent to avoid the .removal of any
large trees may be approved, in writing, at the discretion of
the Chairman or his appointed representative(s).
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Dinizio, Villa and Wilton. This resolution was duly adopted.
lk
GERARD P. GOEHRtNGER~IRMAN
Stephen A. George
5'15 Westview Avenue
Ridgefield, NJ 07657
September 27, 2001
Zoning Board
Town of Southold
PO Box 1179
Southold, NY 11971
Attn: Linda and Paula
RE: 778 Cox Neck Road - Lot 12 / Block 9 and Adams Associates
Dear Linda and Pauia:
Thanks for your help with my property concerns and for the time you spent
researching this issue.
Enclosed is my check in the amount of $ 5 for the information you found and is
available under Freedom of Information. My property has access to Cox Neck
Road by way of the "flag lot" or County Road that ends at the northwest corner of
my property. You confirmed for me that this road is legal and that I am entitled to
full use of it to reach my property. My concern now turns to the road that is
perpendicular to the County Road and runs either on or next to my property, at
the southwest edge. I have no record of any such request to build that road. I
would like to know that this access road / right of way was installed in full
compliance with zoning laws.
If you need to reach me, please use either my cell phone: 201-970-1460 or leave
a message for me at my home phone: 201-945-7072. Please direct mail to the
address listed at the top of the ~/~' ·
Also, please include a note with the papers you are sending as to whether or not
)1 will be affected by any changes in the zoning laws; requiring a five acre lot
;~'t instead of two. Should I file papers indicating an intent to build in order to protect
L~myself ? Thank you.
Stephen A. George
'~.'.,
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
NOTE FOR THE FILE
BOARD OF APPEALS
TOWN OF SOUTHOLD
SCOTT L'. H RmS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Tues., June 15, 1993:
9:35 a.m.
Bill Amato called indicating that Artie Foster and
Steve Perricone may be building the ROW for Adam
Associates extending from Cox Neck Road. Mr. Amato
had concerns about ROW not being built in the
center and called Jamie Richter.
10:00 a.m.
Called Jamie Richter at Highway to ask if he knew
about Amato's concerns and the ZBA conditions in its
decision rendered in February 1993. Faxed copy of
ZBA decision to Jamie.
10:15 a.m.
Jamie called back to say he will advise them that
ROW must be centered, and the large trees may be
saved.
1:30 p.m. Jamie stopped by - said he did advise Steve
Perricone of ZBA conditions. He indicated that S. Perricone
will place improvements at center of ROW, however, it appeared
that Perricone was going to remove the trees rather than try to
save them because he didn't want the extra work involved.
1:35 p.m.
Called Ruth Engel of Adam Associates at
Richard DePetris' Office to advise that they may
save trees and wanted to bring this to her
attention. Secretary will leave message since Mrs.
Engel will not be returning until 3 p.m. Richard
DePetris, Esq. also was out and not available.
APPEALS BOARD MEMBERS
Gerard E Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. V'flla
Ri~h,~l C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
March 1, 1993
Richard E. DePetris, Esq.
Scheinberg, Schneps, DePetris & DePetris
One Union Square
Aquebogue, NY 11931-0716
Re: Appl. No~ 4142 - Adam Associates (280A)
Dear Mr. DePetris:
Wfth reference to the above application, attached please
find a copy of the Board's determination, with conditions
providing for improvements and widening at the base of the
right-ef-way, as well as continuous maintenance.
If you have any questions! please don't hesitate to call
our office.
Very truly yours,
Enclosure
Linda Kowalski
November 20, 1992
Zoning Board of Appeals
Town of Southold
53095 Main Road
Southold, New York 11971
Re: Application of Adam Associates
Dear Board Members:
Enclosed please find the above-captioned application, notice to adjacent
property owners (with affidavit of mailing and receipts for certified mail),
short EAF, questionnaire, 4 copies of the filed subdivision map, 4 prints
(prepared by Joseph A. Ingegno Land Surveyor) of map showing the 50 ft. right
of way and copy of our client's deed. Also enclosed is check for the filing
fee.
Also enclosed is a copy of my November 6, 1992 letter to the Building Department,
in which I requested a notice of disapproval. As soon as I receive the notice of
disapproval, I will forward same to you.
Please process this application.
Very truly yours,
RICHARD E. DePETRIS
RED:ghe
Enclosures
November 6, 1992
Building Department
Town of Southold
53095 Main Road
Southold, New York
11971
Re:
Lots 2 and 3, Minor Subdivision for
Adam Associates, Filed 2/7/91 as
Map No. 9061
Gentlemen:
The above-captioned lots front on Adam's Road~: which will be improved as
required by the Planning Board (a performance bond and letter of credit have
been given for such improvement). However, access to the subject lots between
Cox Neck Road and Adam's Road is over a 50 foot right of way. Therefore, a
variance due to lack of access (lown Law §280-a [3]) must be obtained from the
Zoning Board of Appeals, before issuance of a building permit for the subject
lots.
W~ are preparing an application to the Zoning Board of Appeals for our
client, Adam Associates. Please issue and send to me a notice of disapproval
(regarding a permit to build on the above-captioned lots), so that we may file
the application to the Zoning Board of Appeals.
For your reference, I enclose a copy of the filed subdivision map and a
print (prepared by Joseph A. Ingegno, Land Surveyor) of map showing the 50 foot
right of way. If you need anything further in order to issue the notice of
disapproval, please contact me.
Very truly yours,
RED:ghe
Enclosure
RICHARD E. DePETRIS
NOTICE OF HEARINGS 4, 7:45 p.m, Appl. No. 4144
NOTICE IS HEREBY GIVEN,! Application of SPECTACLE
persuant ~o Section 267 of the Town~ RIDGE, INC. for a Variance to the
Law and the Code of the Town of Zoning Ordinance, Article Ill, Section
Southold. the following pubEc hear-! 100-3IA(I) for permission to es-
ings will be held by the Sou'rHOLD~ ~abilsh second r~sidentixi use in the
TOWN BOARD OF APPEALS, at! proposed accessory barn building]
the Southold Town Hall, 53095 Main
Road, Soutbold, New York 11971, oni AppL No. 4132A, decision rendered
THURSDAY, JANUARY 14, 1993 i November 9, 1992) as living area for
commencing at the times speclfied,i family member or guests, and do-
below: .1 mastic servant (in one unit). Section
1.7:32 p.m. AppL No. 4141 --! 100-3IA(l) provides for single-fam-
AppEcation of ALICE BENNETT[ Ily use, no~ exceeding one dwelling
for a Variance to the Zoning Ordi-] per loc Location of propew/: 1499C
nance Article III, Section 100-33~ Oregon Road, Cutchogue; County'
(a~t as amended l~cember 4, 1992)! Tax Map No. 1000-g4-01-02. The
for the placement of an accessory.~ subject premises is zoned Agricul-
garage in the front yard ar~a with
setback at less than the required 60 t total area of 19i aces
fe~t in ,~is R.go Zone Distant. L,~-q 5.7:55 ~.m. Anpi. No. 4142 --
[ion of Propert.y: 2725 Soundview ! ApplicatiOn of ~I~AM ASSOCI-[
Avenue, Pecomc, NY County Tax: ATES, INC. for a Variance under
Map pa~ceI No. 1OO0-6g-l-10. ; New York Town Law, Section 2g0-A!
2. 7:35 p.m. Appl. No. 4146 -- for approval of access for emergency,
Applination of FREDERICK E. and fir~ vehicles over a private right-:
HULSE, JR. and JOYCE HULSE of-way extending off the ~asteriy side
for a Variance to the Zoning Ordi- of Cox Neck Road, Mat[frock in an
nance, A~icle ITt, Section 100-32 fo~ east-west direction a distance of ap-.
· °n with a reduction in the southerly right-of-way is referred to on the
s:de yard at less than the re~u:--~ .- County Tax Maps as pan of Parcel
(10) feet Location nr P ~., ~.~, No. 1000-113-14-11 and ts shunted
Tax Map Parcel No 1000 33-4 d0 I C.R. 48 (North Road) and Cox Neck[
The subject is Roa The
in lot ar~a and is located in the !~.an [ requested in thil apphcation is idea[i-
Zone Distri~. -~
3.7:38pm. Avol No 414f [ 113-12-10-1 10.3 102,8,9; (and
pphcation of JOHN i I Parcel No. 1000-113-14-11 n:strictad[
McGEENEY sad EDWARD ~ / for perk and recreation area use). Alii
RODENBACH (as Trusteex for t at~a~ of access are loca~ed in the R-g01
Variance to the Zonin- Ord'
rUcle III, Section 100 32 fo The Board of Appeals will at sa~
proval of a teduc~ion of the lot a~.~ of t~ne and place hear any and alt per.
an exisling parcel, with an in,muse of sons or represents[lyes desiring to Ix
· e lot area of the adjoining parcel, in
thi~ proposed lot-line change. Lo-
cat~on of Property: South Side of
Crescent Argue and the north side o
· Avenue "B," Fishers Island, NY:
;' County Tax Map Parcel ID Nos
1000-6-2-5 and 6. Each lol as exists ii
shown to substandard in lot ama sag
is located in the R-80 Z~e Dis[ rice
heard in thc above matters. Wfitter
comments may also be submittc<
prior to the conclusion of the subjecl
hearing, Each heating will not stan
before the times designated above
For more information, please call
765-1809 or visit our office·
Dated: December 21, 1992.
BY ORDER OF THE SOUTHOL~
TOWN BOARD OF APPEAL!
GERARD P. GOEHRIHGEI~
CHAIP~MA~X
By Linda Kowalsk
7590-1TD24
STATE OF NEW YORK)
) SS:
COUNTY OF SUI~OLK)
~/~ C~3~--~-1 ~'~ of Mattituck, in
said County, being duly sworn, says that he/she
is Principal Clerk of THE SUFFOLK TIMES. a
Weekly Newspaper, published at Mattltuck, 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 ~egular-
ly published in said Newspaper once each week
for 4 . weeks suceesslyely, commencing on
the ~ day of"~eca~<loVJZ';'.
Principal Clerk
Sworn to before me thI*92r/-O~
day of ~-~eC~~''~
- C~ VOLINSKI
~W Public, State ~ New York
No. 5~M
Qualified in Suffolk
~mi~ion Ex~i;es No~ 23. 1~//
SUPPLEMENTAL NOTICE
OF HEARING
NOTICE IS HEREBY GIVEN,
TOWN BOARD OF APPEALS,
thc Scothold Town Hall, 53095 Main
THURSDAY, JANUARY 14, 1993
below:
Appl~ca~iou of JOHN CROKOS for
Article XX~I, Section 100-239.4A(1)~
within 100 feet of the top of the bluff[
along the Long Island Sound. Loca-~
tion of Property: 2 ! 10 Grandviewt
Drive, Orient, NY; County Tax
Parc=l No. 1{~0-14-2-3.11.
Application of DONALD E. FA-
HEY, JR. for a Varinnce to the
ty Tax Map Parcel No. 1000-64-$-32.
GERARD R GOEHRINGERI
CHAIRMANI
STATE OF NEW YORK)
) SS:
COUNTY OF S~-~'OLI~)
~ ~O~Cr/ ~ of Mattituck,in
said County, being duly sworn, says that he/she
is Principal Clerk of THE S~JFFOLK Tll~, a
Weeidy Newspaper, published at Mattituck, in
the Town of Southold, County of Suffolk and
State of New York, and that the Notice of which
the nnnexed is a printed copy, has been regular-
ly published in said Newspaper once each week
for { __ weeks successively, commencing on
the dayof gC .
Principal Clerk
Sworn.to before me this __
day of J)~-tt~t~'19 ~'2~
Notsry ~ ~ ~ N~ Y~
No.~ .
BOARD OF APPEALS
TOWN OF SOUTHOLD
NOTICE OF HEARINGS
NOTICE IS HEREBY GIV-
EN, pursuant to Section 267 of
the Town Law and the Code of
the Town of Southold, 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 THURS-
DAY, JANUARY 14, 1993, com-
mencing at the times specified
below:
1.7:32 p.m. Appl. No. 4141-
Application of ALICE BEN-
NETT for a Variance to th6
Zoning Ordinance, Article III;
Section 100-33 (and as amend-
ed December 4, 1992) for the
placement of an accessory
garage in the front yard with a
setback at less than the required
60 feet in this R-80 Zone
District. Location of Property:
2725 Soundview Avenue,.
Peeonic, NY: County Tax Map
Parcel No. 1000-68-1-10.
2. 7:35 p.m. Appl. No 4146-
Application of FREDERICK E.
HULSE, JR. AND JOYCE
HULSE for a Variance to the
Zoning Ordinance, Article II1,
Section 100-32 for permission to
locate proposed addition with a.
reduction in the southeasterly.
side yard at less than the re~
quired ten (10) feet. Location of.
Property: 235 Sunset Lane,
Greenport, NY; County Tax
Map Parcel No. 1000-33-4-49,
The subject premises is substan-
dard in lot area and is located'
in the R-40 Zone District.
3. 7:38 p.m. Appl. No. 4145:
Application of JOHN S
McGEENEY and EDWARD E
RODENBACH (as Trustee) fm
a Variance to the Zoning Or;
dinance, Article Ill, Section
100-32 for approval of a reduc-
tion of the lot area of an existing
parcel, with an increase of the
lot area of the adjoining parcel,
in this proposed lot-linc change.
Location of Property: South
side of Crescent Avenue and the
north side of Avenue "B~'
Fishers Island, N.Y.; County Tax
Map Parcel ID Nos. 1000-6-2-5,
and 6. Each lot as exists is
shown to substandard in lot area
and is located in the R-80 Zone
District.
COUNTY OF SUFFOI.K
STATE OF NEW YO'
4. 7:45 p.m. Appl. No. 4144-
Application of SPECTACLE
RIDGE, INC., for a Variance to
the Zoning Ordinance, Article
Ill, Section 300-31A(1) for per~
mission to establish second
residential use in the proposed
accessory barn building (located
in the front yard area as per
AppL No. 4132A, decision
rendered November 9, 1992) as
living area for family member or
guests, and domestic servant (in
one unit). Section 100-3iA(I)
provides for single-family use,
not exceeding one dwelling per
lot. Location of Property: 14990
Oregon Road, Cutchogue;
County Tax Map NO.
1000-84-01-02. The subject
premises is zoned Argicultural-
Conservation and contains a
total area of 19_+ acres.. ~
"'~5.7:55 p.m. Appl..No. 4142- ~
Application of ADAM
ASSOCIATES, INC. for a
Variance under New York Town
Law, Section 280-A for approval
of access for emergency and fire
vehicles over a private right-of:
way extend ng off the easterly
side of Cox Neck Road, Mat-
tituck in an east-west direction ]
a distance of approximately~'~
616.30 feet. The subject right-of-
way is referred to on the Coun-
ty Tax Maps as part of Parcel
No. 1000-113-14-11 and is
situated 670_+ feet north of the
intersectiQn of CR 48 (North
Road) and Cox Neck Road. The
parcels to which access is re-
quested in this application is
identified as County Tax Map
,,._l~,os. 1000-113 -12-10-1, 10.3, 1N0.2,.O~
9, 8; (and Parcel .
1000-113-14-11 restricted for park
and recreation area use). All
areas of access are located in the
R-80 Residential Zone District.
i The Board of Appeals will at
said time and place hear any and
all persons or representatives
desiring to be heard in each of
the above matters. Written cora-
Patricia Wood, being duly sworn, says that she is the
Editor, o~' THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southoid, in Suffolk County;
anU that the notice of which the annexed is a p~ inted copy,
has been published in said I.ong Island 'lrave[e:-Watchnl.u~
once c,~ch week Ior . ................... ~ ..... week~
successK, eI,y, commencing on the ......... ~ .......
Swo:n to bel'm'e m~: t i~is ....... '~'~.~ .......... day of
Notary Public
BARBRRA g. $OHNEIDER
NOTARY PUBLIC, State 0! Rew York
No. 4806846
Qualified in Suffolk County
Commission Expires
ments may also be submitted
prior to the conclusion of the
subject hearing. Each hearing
will not start before the times'
designated above. For more in;
formation, please call 765-1809
or visit our office.
Dated: December 21, 1992
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By: Linda Kowalski?
IX-12/24/92(55t
BOARD OF' APPEA~S
TOWN OF SOUTHOLD
SUPPLEMENTAL
NOTICE OF HEARINGS
NOTICE IS HEREBY GIV-
EN, pursuant to Section 267 of
the Town Law and the Code of
the Town of Southold, 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 THURS-
DAY, JANUARY 14, 1993, com-
mencing at the times specified
below:
6. 8:00 p.m. Appl. No. 4140-
Application of JOHN
CROKOS for a Variance to the
Zoning Ordinance, Article
XXIII, Section 100-239.4A(1)
for permission to locate struc-
tures within 100 fet of the top of
the bluff along the Long Island
Sound. Location of Property:
2110 Grandview Drive, Orient,
NY; County Tax Map Parcel No.
1000-14-2-3.11.
7. 8:05 p.m. Appl. No 4147-
Application of DONALD E.
FAHEY, JR. for a Variance to
the Zoning Ordinance, Article
IliA, Section 100-30A.3 for ap-
proval of existing deck con-
structed almost 20 years ago.
This deck, under the current
zoning regulations, does not
meet the required rear yard set-
back for a substandard parcel in
this R-40 Zone District. Loca-
tion of Property: 2675 Hobart
Avenue, Southold, NY; County
Tax Map Parcel No.
1000-64-5-32.
The Board of Appeals will at
said time and place hear any and
all persons or representatives
desiring to be heard in each of
the above matters. Written com-
ments may also be submitted
prior to the conclusion of the
subject hearing. Each hearing
will not start before the times
designated above. For more in-
lbrmation, please call 765-1809
or visit our office.
Dated: December 21, 1992
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
(.iI:RARI) P. £1OEtIRINGFR
COUNTY OF
,C,'FA I'1~ C)F NI~W YORK
Patricia Wood, being duly sworn, says that she is the
Editor, oI~ THE LONG ISLAND TRAVELER-WATCHMAN,
h public newspaper printed at Southold, in Suffolk County;
and II,at tile notice of which the annexed is a printed copy,
has hccn published it', said I.ong Island 'l'ravL'lcr-Watchrnan
once tach week lot. ..................... ff .... weeks
successivelq, commench~ on the
day o1'...
Sworn lo before mc Ibis .................... day of
Notary Public
BARBARA Am SCHNEIDER
NOTARY PUBLIC, State of New York
No. 480C-g46
Qualified in Sulfolk County
Commission Expires
APPEALS BOARD MEMBERS
Gerard R Goehringer, Chairman.
Serge Doyen, Jr.
James Dinizio, Jr.
Robel~ A. Villa
Richard C. Wil~on
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Read
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
TO WHOM IT MAY CONCERN:
Enclosed herewith as confirmation of the time, date and
place of the public hearing concerning your recent application is
a copy of the Legal Notice, as published in the Long Island
Traveler-Watchman, Inc. and Suffolk Times, Inc.
Please have someone appear in your behalf at the time
specified in the event there are questions brought up during the
same and in order to prevent a delay in the processing of your
application. Your public hearing will not start before the time
allotted in the attached Legal Notice. Additional time will, of
course, be available. A drafted or final written copy of your
presentation, if lengthy, is always appreciated.
Please feel free to call our office at the above telephone
nur~ber, or to stop by between 8:00 a.m. and 4:00 p.m. Monday
through Friday, if you have any questions or wish to update
your file prior to the day of the hearing.
Attachment (Legal Notice)
RESOLVED, that the Southold Town Board of
~for the March 1, 9, meeting.
)eals approve minutes
Vote. of the Board: Ayes: Messrs: Gillispie, Grigonis, Doyen, j
Tuthill and Douglass.
During'the past several months the Board of Appeals has been hearing
a growing number of applications for recognition of access. After much
discussion and investigation, it was decided that a set of specifications
should be drawn up and used as guidelines for the improvements of the
rights-of-way. .,
On motion by Mr. Tuthill, seconded by Mr. Grigonis, it was
RESOLVED, that all rights-of-way, private road or other means of
access to one or more parcels of land or buildings shall conform to the
following requirements:
(1) Such access road shall have a width of not less than 15 feet.
(2) Such access road shall be cleared of all trees, brush and other
obstructions to a width of 15 feet.
(3) Such access road shall be improved in either of the following
methods:
(a) Such access road shall be surfaced with a minimum depth
4 inches of packed 3/4 inch stone blend so as to afford access for
emergency vehicles. Such stone blend may be either applied to the
ground surface & shapgd or the surface may be excavated to permit
the application of packed blend to a depth of 4 inches.
(b) The access road shall have topsoil removed to a depth
of 8 inches and then filled With '8 inches of a good grade of stone
and sand b~nk run. The surface shall then be covered with a layer of
2 inches to 4 inches of 3/4 inch stone blend.
(o) Oiled with a minimum of 4/10th of a gallon of road oil
per square yar~.
(4) All work required as hereinbefore set forth shall be performed
under the supervision of the and no building permits or
certificates of occupancy shall be issued by the Building Inspector
until the has certified that such access road has been
constructed in accordance with the foregoing requirements..
(5) Where the terrain of the land over which such ~ccess road is to
traverse is such that drainage problems may occur, the applicant shall
be required to construct such drainage facilities as may be recommended
by the Town Engineer.
(6) The Board of Appeals may in passing upon any appeal for approval
of access make any reasonable exception as in its judgment it deems
appropriate to the circumstances.
Vote of the Board:
Tuthill and Douglass.
Ayes:. Messrs: Gillispie, Grigonis,
Doyen,
ART 16
TOWN LAW
§ 280-a
CASE NOTEs
~ -. ~ ~r~z'~ /" '~'~ ~ v. !-~.~:~,.. ~..~ ~ ~.~ / ~ ~
~ ~80.a. Permits for buildings not on improved mapped Streets
'. No pe~it for the erection of any building shall be iSsued un/ess a Street
,~ highway giving access to such proposed Structure has been duly placed
~ ~he o~cial map or plan, or if there be no o~cial map or plan, Unless
,~ch s~reet or highway is (a) an existing state, county or town highway, or
~ a s~reet shown upon a plat approved by the planning board as provided
~e ~tions ~wo hundred seventy-six and two hundre~ Seventy-seven of this
s~n~:lc, as in effect at the time s~ch plat was a
~ duly/lied and recorded in the O~ce of th~ ~ed,. o~ (c) a Street on a
the appointment of such planning board and the grant to such board of
~ ~amy Cler~ or register prior
~e ~wer to approve plats.
~fore such permit shall ~ ' ~ ,
~ b v ' - _ yc ~SSUea SUch Street or highway shall have been
~ a ~mpro~ea to the satisfaction of the town board or planning board, if
by the town board in accordance with Standards and specifica-
approved by the town board, as adequate in respect to the public
~hh, safety and general we/fare for the Special circumstances of the
street 'or highway. A~vel -
a performance bon~ ~..~ . ~y, and In the d'~e~*:~
~-cSt~ated be s,,-~ ~- _hr.to COver the fu~ 6b~'~':u~c · such
Such -erforma .... ~1 be furmshed .. p Ove-
e .... nc~_ oona_ shah be issued b- ~t~ th~. town by the
approved by the town board or by the OWner with security
~ a oOnamg or SUrety
to the town ~ard, and shall also be approved by such town
as.lo for~.~u~ciency and manner of execution. The term, manner of
mn and method of enforcement of such bond shall be determined
~ appropriate board in substantial conformity with section two hundred
of this article.
the enforcement of the provisions of this section would entail
di~culty or unnecessa~ hardship, or where the circumstances
~ do not require the structure to b · of
o~j~hw~ys~ ~he applicant for suc~?ted.toex~stmg or pro,ose~
-. ~ue aamm~strative ~m~._ ~ . "~.perm~t may appeal
~rd of appe~s or ..... ~t having Charge of the issddgf~
other similar board, in any town which has
a board having power to make variances or exceptions in zoning
the Same provisions are hereby applied to Such appeals and
~ard.as are provided in cases of app~ls on zoning regulations. The
may in passing o~ such appeal make any 're~onable exception and
· e ~it subject to conditions that will protect any future Street or
hyout. Any iuCh decision shall be subject to review by Certiorari
out of a Special te~ of the SUpreme Court in the same manner
nt t~ the Same provisions as in appeals from the decisions of such
regulations.
board may, by resolution, establish an open development area
§ 280-a CONSOLIDATED LAWS SERVICE ART 16
or areas within the town. wherein permits may be issued for the erection of
structures to which .access is given by right of way or easement, upon such
conditions and subject to such limitations as may be prescribed by general
or special rule of the planning board, if one exists, or of the town board if a
planning board does not exist. If a planning board exists in such town, the
town board, before establishing any such open development area or areas,
shall refer the matter to such planning board for its advice and shall allow
such planning board a reasonable time to report.
5. For the purposes of this section the word "access" shall mean that the
plot on which such structure is proposed to be erected directly abuts on
such~treet or highway and has sufficient fron~n--l'o-allow the
ingress-and egress of fire 'trucks, ambulances, police cars and other emer-
gency vehicles, and, a frontage of fif[een_f_ee_t, shall presumptively be sufficient
for that purpose.
HISTORY:
Formerly in part 8280, renumbered and amd, L 1949, ch 750, amd, L 1954, eh
750, effApr 17, 1954.
Sub 5, add, L 1958, ch 334, effMar 24, 1958. ·
RESEARCH REFERENCES AND PRACTICE AIDS:
6 NY Jut, Buildings and Building Laws § 12.
59 NY Jut, Towns § 67.
67 NY Jut, Zoning and Planning Laws 88 79, 403, 413~15, 419, 420.
23 Carmody-Wait 2d, Proceeding Against a Body or Officer § 145:28.
5 Am Jut PI and Pr Forms (Rev ed), Certiorari, Forms 111 et seq.
20 Am Jur Legal Forms 2d, Zoning and Planning, Forms 268:51 et seq.
2 Am Jur Trials p 669, Preparing and Using Maps.
Annotations:
What interest qualifies one as an "owner? for purposes of making application for
a building permit, 61 ALR3d 1128.
Existence of jurisdictional facts found by inferior tribunal as subject of inquiry on
certiorari. 5 ALR2d 675.
CASE NOTES
l. In general
2. Constitutionali(y and construction
3. Necessity of compliance
4. Effect of failure to comply
5. Streets which qualify; access
6. Presence on or absence from map
7. Improvement of existing ways
8. Practical difficulty or unnecessary hardship
1. In general
The pr(x:edure set up by §§ 276 and 277 is differ-
ent from that set up under this section. Thus,
where plats of certain lands were approved by
town planning board subject to the completion of
certain improvement and a bond was posted to
insure the improvements, builder is not entiJ!~d_ to
certificates of occupancy where the imp{o~eme~s
have not b~en made even though building permits
were issued after posting of the bonds without
making of the improvements. Lunmor Homes, inc.
v Johnson (1953, Sup) 122 NYS2d 149.
The only authorization foctequiring improvemenl
outside_~p_roposed site ii--contained in Town Law
§280-a which relates ~o permits for buildings
Peckham Industries, Inc. v Ross (1970) 61 Mist
2d 616, 306 NYS2d 1006, affd 34 AD2d 826. 312
NYS2d 627.
The petitioner was not entitled to build on a lot
abutting on paved streets where the board tound
that the area involved was without surface drain-
age and proper sewage facilities and the building
of a dwelling would create extreme health hazards.
It was immaterial that the board had granted
permits to erect dwellings on other lots in the
area. Green Acres Bldg. Corp. v Board of Zonine
Appeals (1959) 22 Misc 2d 877, 197 NYS2d 565.
Discussion of county planning board review oi
applications for variances requested pursuant
section 280-a of the Town Law. 1968 Ops St
Compt File -~685.
186
ART 16
Section 280-a~
vide authori/x
speci§calions '
Ops St Compt
2. Constitution
This section
(1951, Sup) II
106 NE2d 503.
Subdivision 2
Bayer v Pugsl
NYS2d 848, afl
Any contention
greater restricti
§ 269. Applicali
36 Misc 2d 288,
3. Necessity ofc
A building pern.
the erection of
improved mappe,
pliance with tN
~7209,
petitioner failed
Law § 280-a renu
to a street or higt
for fire trucks, m
emergency vehicle
or applied for a v.
such statute. Robi
507, 293 NYS2d 2
This Section make
a subdivision map
either does not fr,
street shown or de,
Homes, Inc. v Ba
241 NYS2d 487.
V No town shall isst
ably improved to
board or planning i
geney vehicles. Ba~
wanna (1965) 48 ~v,
104, affd 24 NY2d
NE2d 438, remittitz
NY$2d 845, 250 NE
4. Effect of failure to
A building permit m
within a filed subdivi:
ments. 1968 Ops St C
The provisions of ti
PLANNING BOARD MEMBERS
Bennett Orlowski, Jr., Chairman
George Ritchie Latham, Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
February 13, 1991
SCOTr L. HARRIS
Supervisor
Town Hall. 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Shepard M. Scheinberg
Scheinberg, Schneps, Depetris
1 Union Square
P.O. Box 716
Aquebogue, New York 11931
& Depetris
RE: Adam Associates
SCTM9 1000-113-12-10
Dear Mr. Scheinberg:
It has come to the Planning Board's attention that the
cross section shown on th~ approved subdivision map is not in
accordance with the Town Highway Specifications. The Board
stated in their previous correspondence that a 16 foot road,
rather than a 20 foot road is required. It should be noted
however, that the 16 foot road is to be constructed in
accordance with the Highway Specifications, rather than the
cross section shown on the endorsed map.
You should be aware that before building permits can be
issued on either Lots 1, 2 or 3, the lot owners will have to
obtain approval from the Zoning Board of Appeals in order to
improve the roadway between your property and Cox Neck Lane.
Please contact this office if you have any questions
regarding the above.
Very truly yours, M
Bennett Orlowski, Jr.
Chairman /7~3
cc: James A. Richter, Road Inspector
Gerard P. Goehringer, Zoning Board of Appeals
;TANDARD
TOWN OF SOUTHOLD
ASPHALT ROADWAY FOR MINOR SUBDIVISIONS
TYPICAL SECTION
NO SCALE
(.
SUP . OF HIGHWAYS
!CONSULTING ENGINEERS
;.__ ' I 'RA'~JOND JACKS
IDWG NO.
/'~_~¢~-~o~SD- 854M-'
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
Jan,~-.$ Dinizio, Jr.
Robert A. Villa
Telephone (516) 765-1809
ScoTr L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
BOARD OF APPEALS
TOWN OF SOUTHOLD
SE~RA UNLISTED ACTION DECLARATION
NOV .
30, 1992
Appeal No. 4142 Project Name: Adam Associates
County Tax Map No. 1000- 1 1 3- 12- l 0. 1, l 0.2, l 0.3
Location of Project: E/S COX Neck Rd., Mattituck,
NY
Relief Requested/Jurisdiction Before This Board in this Project:
Recognition of right-of-way improvements for emergency and other
vehicles under NY Town Law, Section 280-a
This Notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.8. Environmental Quality
Review Act of the Environmental Conservation Law and Local Law ~44-4 of
the Town of 8outhold. - '
An Environmental Assessment (Short) Form has been submitted with the
subject application indicating that no significant adverse environmental
effects are likely to occur sh0u]d the project be implemented as planned,
and:
{ } this Board wishes to assume Lead Agency status and urges
coordinated written comments by your agency to be submitted with the next
20 days.
{3~ this Board has taken jurisdiction as Lead Agency, has deemed
this Board of Appeals application to be an Unlisted SEQRA Action, and has
declared a Negative Declaration for the following reasons:
a. An Environmental Assessment has been submitted and evaluated, and/or
b. An inspection of the property has been made, or
c. Sufficient information has been furnished in the record to evaluate any
possible adverse affect of this project as filed, and/or
d. This application does not directly relate to new construction or
on-site improvements.
{ } this Board refers lead agency status to your agency since the
Board of Appeals does not feel its scope of jurisdiction is as broad as
the Planning Board concerning site changes and elements under the site
plan reviews. The area of jurisdictio~ by the Board of Appeals is not
directly related to site improvements or new buildings. (However, if you
do not wish to assume lead agency status within 15 days of this letter, we
will assume you have waived same, and we will be required to proceed as
Lead Agency.)
For further information, please contact the Office of the Board
Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809.
mc
of
SCOTT L. HARRIS
SUPERVISOR
FAX (516) 765 - 1823
TELEPHONE (516) 765 - 1800
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
OFFICE OF THE SUPERVISOR
TOWN OF SOUTHOLD
Present
PUBLIC HEARING
BOARD OF ZONING APPEALS
TOWN OF SOUTHOLD
January 14, 1993
: HON. GERARD P.
JAMES DINIZIO,
SERGE DOYEN
ROBERT A. VILLA
RICHARD C. WILTON
(7:30 p.m. Hearing)
GOEHRINGER,
Chairman
JR.
LINDA KOWALSKI, Secretary-Clerk to Board
Board of Appeals Page 27 1/14/93 Hearings
APPLICATION NO. 4142 - of ADAM ASSOCIATES INC.
for a Variance under New York Town Law, Section 280-A for
approval of access for emergency and fire vehicles over a
private right-of-way extending off the easterly side of Cox Neck
Road, Mattituck, in an east-west direction a distance of
approximately 616.30 feet. The subject right-of-way is referred
to on the County Tax Maps as part of Parcel No. 1000-113-14-11
and is situated 670+- feet north of the intersection of C.R. 48
(North Road) and Cox Neck Road. The parcels to which access is
requested in this application is identified as County Tax Map
Nos. 1000-113-12-10.1, 10.3, 10.2, 9, 8; (and Parcel No.
1000-113-14-11 restricted for park and recreation area use).
All areas of access are located in the R-80 Residential Zone
District.
8:10 p.m. (The Chairman opened the hearing and read the
Legal Notice and application for the record.)
THE CHAIRMAN: The nature of this application is a
280-A access outside of the actual three-lot subdivision. It is
a right-of-way which is existing in size. It is probably a
fifty-foot right-of-way, of which a portion of it meanders over
that right-of-way area; and I have a copy of the Suff61k County
Tax Map indicating this and surrounding properties. Is there
somebody who would like to be heard?
Appearance: Ruth Engel,
Applicant Pro Se
Board of Appeals Page 28 1/14/93 Hearings
MS. ENGEL: I am Ruth Engel, one of the partners
involved. I would like to present the photographs you
requested, of the right of way.
THE CHAIRMAN: No problem. How are you tonight?
MS. ENGEL: Fine, thank you.
THE CHAIRMAN: I will pass them right down. May we
keep those, Ms. Engel?
MS. ENGEL: Yes.
THE CHAIRMAN: Thank you. Is there anything you would
like to state for the record at all?
MS. ENGEL: No.
UNIDENTIFIED MALE VOICE: I'd like to be heard.
THE CHAIRMAN: Yes; would you just state your name for
the record.
MR. AMATO: My name is Bill Amato. I am a
property owner adjacent to the right-of-way. I am here neither
to speak for or against. I have some concerns I would like
addressed by the Board, and that is the main reason I am here.
Or the only reason I am here. Right now the road as you said
meanders back to the property which Mrs. Engel I guess wishes
to develop. I have no objection to it being developed with a
road being maintained or upgraded. My concern is what kind of
upgrade? Is this going to be made into a 50-foot airstrip? Are
you just going to plow down all the undergrowth on both sides,
or is it going to be kept to a minimum, the road where it is
now, the width, I mean?
Board of Appeals Page 29 1/14/93 Hearings
THE CHAIRMAN: I just wanted to ask you, Mr. Amato,
before I answer that: Are you on the south side or--
MR. AMATO (interposing): Southeast.
THE CHAIRMAN: Southeast side. Okay, good. I believe
this road is going to service three lots, is that correct?
MS. ENGEL: Yes.
THE CHAIRMAN: Normally in most situations we do not
follow a pattern that the Planning Board follows in reference to
their minimum requirements of a 22-foot macadamized road. We go
with the flow, quite honestly. I have been a fireman in the
great town of Mattituck for approximately 25 years, and I know
the problems we have with access over dirt roads, in this
particular case, semi-paved roads in going to alarms; and, as we
have with ambulances also; so there is a great concern on my
part in dealing with the over-all conformity of some of these
roads. The problem that usually exists is not the maintenance
as it exists after the time the decision is rendered. It is
usually one that is done during the period of time that the
right-of-way exists in years to come. That is, once you end up
with potholes, is the road going to be continually maintained,
and so on and so forth? That is one of the problems that the
Planning Board doesn't have to deal with when they ask for 22
feet of macadam. Okay? Go ahead.
MR. AMATO: Well, I have been maintaining up that
200-foot section myself by putting in what do you call it
--bluestone blend-- of that nature to harden it up; and also I
Board of Appeals Page 30 1/14/93 Hearings
fill in the potholes, but I can't attest to the other part.
going back, I don't know what is going to happen with that.
Like I said, my concern is,
to an extended width, that
through that right-of-way,
The
I am afraid that if the road is made
it is going to lead to more traffic
in addition to whatever individuals
who purchase property back there. I would like to keep the good
road to a minimum, and I understand that might be fifteen or
sixteen feet. If that be possible, I have no objection to it
being upgraded. I also would like it if they could keep it just
the way it is. Just open it up a little bit. I should have
measured the road now. I don't have that, those dimensions with
me. But I assume it is at least ten full feet now. I would
like to keep the undergrowth on both sides of the road to keep
it as secluded as possible mainly because of traffic flow down
Cox Neck Road. As it is now, I'm very visible and I had to go
to the extent to put up hedges and evergreens to not only block
the land to the visual and the noise.
THE CHAIRMAN: My main concern, and you can measure
for us and give us a call tomorrow or on Monday-- is the width
between the plantings from the property over to the north, who
is your neighbor, adjacent where he has that planting area which
he uses for storage of that one car and your wooded area or
hedged area which is indicated there, because you know that's
the minimum area that we have at this point, that may have to be
elongated a little bit.
Board of Appeals Page 31 1/14/93 Hearings
MR. AMATO: Yeah, well, I understand, I am wishing
it being elongated widthwise, that it be taken on both sides,
not just chopped off one side like my side because he happens to
have his plants in. We both have encroached on that 50-foot
right-of-way, okay? He has plantings; I have my underground
sprinkling system, okay? When I had purchased the property a
number of years back, there was no subdivision plan for the
back. The reason I purchased the property there, because you
called for this right of way so I would not have to come
directly with a driveway onto Cox Neck Road, which'trying to
come down Cox Neck Road any time of day or night in the
summertime, is like taking your life in your hands. That was
the main reason I chose the section of property. Like I said, I
would like to keep it down to the minimum size. I have no
objection to fire or emergency apparatus going down the road or
anything of that nature or the road being (inaudible); but I
would like to keep it to a minimum. One more question: If this
is upgraded, how does it affect me with regard to the properties
in the corner to the northeast?
THE CHAIRMAN: The three-lot subdivision?
MR. AMATO: Not the three lots there. The other?
THE CHAIRMAN: I have no idea. I can't answer that.
Except if it came back to us for a further enhancement, the road
~ould have to be upgraded at that time.
MR. AMATO: My concern, another concern is: What
stops the property owners on the other side of this subdivision
Board of Appeals Page 32 1/14/93 Hearings
from petitioning the Board
this right-of-way?
THE CHAIRMAN:
it; that is the problem. They may -- I
Westphalia. That is my question to you:
right-of-way over this right-of-way?
for a Variance to gain access over
I don't know if they have access over
know there is access to
Do you have a
MR. AMATO: Yes. It is deeded into my property. I
have access over the right-of-way.
THE CHAIRMAN: You have a driveway which--
MR. AMATO: __comes out onto the right-of-way, yes.
THE CHAIRMAN: t have no idea -- does anybody else
have--
MS. ENGEL: I believe there is a recreation and park
area that is on that road, and that is one big subdivision which
I think your lot was part of.
MR. AMATO: That is four acres back there I believe
myself. But besides, further east if you enhance this road, you
give access to those property owners to the northeast of that.
MS. ENGEL: They have access on that; they have
access on a private road that we have to Westphalia, and
access to the right-of-way to the North Road. They have three
different access.
MR. AMATO:
to their property.
THE CHAIRMAN: So
ability on Saturday morning.
They do have access to that, (inaudible)
I will measure it to the best of my
If you would measure it please, and
Board of Appeals
Page 33
1/14/93 Hearings
then we will compare both measurements and see what we have
there, and then we will sit down and discuss what we are going
to request for minimum improvements.
MR. AMATO: All right, how will I get in touch with
you?
THE CHAIRMAN: 765-1809. Our fulltime assistant is
the lady sitting to my right and your left, Mrs. Kowalski, and
I will be down there Saturday morning unless there is a
snowstorm or something.
MR. AMATO: I'll be there if you want to'stop in.
Thank you.
THE CHAIRMAN: You're welcome. Would anybody else
like to speak in favor of this application? (No response.)
THE CHAIRMAN: I offer a resolution to close this
hearing and render a decision after we have taken further
measurements.
(Seconded and carried.)
THE CHAIRMAN: Thank you very much for coming in.
SCHEINBlgl;IG, SGHNEPS, DE PETI~IS & DE P~,TI~IS
December 11, 1992
Zoning Board of Appeals
Town of Southold
53095 Main Road
Southold, New York 11971
Re: Application of Adam Associates
Dear Board Members:
Pursuant to your request enclosed please find notice to adjacent
property owner with proof of mailing (giving notice to the owners
of Tax Map Lots 7 and 8) and a copy of the recorded easement in
Liber 5926 cp 370 (the easement referred to in the deed from
Robert and Diane Adamson to Adam Associates).
In addition to the subject lots owned by Adam Associates (Lots 2
and 3 on Subdivision Map No. 9061, Tax Map Lots 10.2 and 10.3),
the right of way provides access for the following lots owned by
others: Tax Map Lot 10.1 (Lot 1 on Subdivision Map No. 9061);
Tax Map Lots 8 and 9 in Block 12 of Section 113; the park and
recreation area on the Subdivision Map of Heritage Ilarbor. All
of the foregoing is as set forth in the application.
Very truly yours,
RICHARD E. DePETRIS
RED:ba
Enc.
PLEASE :~
DO ~0T a-
PUBLISH"
THIS INDEk~TUI~ r~e ~e 88~ d~ o{ ~eb~ ~ nh~t~, ~u.dr~ ~d B~Z~-B [~
BE~ EVA ~LO~, CON~ ~LO~ JR, ~d YO~DE ~ his
wife, ~esiding at Mattit~ck, To~ of Southold~ Suffolk Cou~ty~ New
IlY°rk'
~r~y o!tl~¢ hrst purr, az,d ROBERT ADAMsoN end DIANE ADA~0N, bis ¥ifes residing
at 47-22 211th Street, Bayside, NeW York,
..................................................... (~1,oo)
Y>~ngaml ~{~g~ at Mattituck, ia the To~ of So~thold, Oo~ty of ~fal~
~d Btate.of New York, being bo~ded ~d described es
B~N~G at ~ iron pi~e on the northerly' line cf Middle Head,
327.84 feet easterly ~o~ said northerl~ line from a m~n~e~
easterly end of a curve co.coting said n~rtherly li~e With the e~terl
line of Cox Neck Road, said point of begi~tng being the southwesterly
corner of l~d o~ Oemtilei from said point ef begi~iag ~g thence
along said northerly li~e of Middle Road, S~th ~7' 16~ ~" We{~ 1~0.0
feet; thence alertE l~d of. the par~y of ~e first part~
1) North 23~ 5~ 20"~esb 400.0 feet; thence
2) No~b~ 21e 2hi 40w West 463.32 feet to the semtherly line of a
50 foot righ~ c~ w~; thence ~eag said somtherly llne, Me,th 71· 1~'
50" East 363.59 feet to l~d of Bl~che Georgel thence ~ong sa{d
l~d of Bl~che George, ~o courses ~d dist~e~M ~ foil~l
1) South 1~' ~7{ 10" E~ 215.~ fe~t to ~ i~ p[p~{
~) North 80~ OOm ~0" E~ 86~.~3 fee~) thence ~ong
the party of the first p~t, ~o c'oa~es' ~d d{s~8~
1) South 2~ 461 10" E~t'273,38~feetS '~hen~e
2) So~th 23~ 5~' 20" E~t 113,87 feet~ 1~ OF ~,
thence along said l:and and alo~tg ~and of D. Principi e4d 'along, said
land of ~eatlle~ go~th 87· 161 40i, Nest 500.0 feet to ~ iron pipe;
thence ~ong said l~d of Gentile, South 23~ ~81 20" E~t 400.0 foot
to the point o~ plies of BEG~.
~GE'.~*:R with ~ right of way'ove~ said ~0 foot ~lght of way f~o~
Cox Neck Road eamte~ly abomt 61~ feet to the northeasterly co~ne~ of
the p~emi~e~. ~e party of the first pa~t; however, reserves the
~1~$ to dedicate said ~ight of way to the Town of So~thold for
highway pu~os es.
~B~CT to ~ easement in favor of the County of S~ffolk ~ong
the e~te~ly 65 feet o~ that pert of the parcel fro~ting on Middle
Road ~
~R with a 50 foot rl~t of way in co,on wi~h others
access between said ~remtses ~d Middle Road C.R. 27A ~d
~rom the northe~t corner of said premises ~d the southe~s~ corner
of.l~d of George southerly ~ong the easterly bo~dary of said
premiae~ ~d the e~terly bo~dary of l~d of Prin6ipi to said M~ddle
Road ~.R. 2~A. ~he p~ty of the first part, however, ~eserves the
~i~t t~ rewoke said ~ight of way upon the s~e of said right of wey
~ the gr~t cf ~ exclusive e~ement o~ said right of way to the
Long Isled Lighting Company.
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
December 11, 1992
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Mrs. Dolores Principi
P.O. Box 495
Amagansett, NY 11930
Re: Right-of-Way Access for Emergency Vehicles
Adam Associates Property at Cox Neck Road, Mattituck
Dear Mrs. Principi:
Recently you inquired as to the nature of an application
filed with our office by Adam Associates, and you left your copy
of the Neighbor notification and map. We are returning those
copies to you.
Also, please find enclosed a copy of a more detailed map
showing the location of the right-of-way over which emergency
access is being requested, together with a copy of the
application filed with us.
Please do not hesitate to call us or stop in to review the
file. We will be scheduling a public hearing on this
application for Thursday, January 14, 1993 at approximately 7:45
p.m. at which time all persons are most welcome to attend if
they are interested.
Very truly yours,
Enclosures
Linda Kowalski
APPEALS BOARD MEMBERS
Gerard R Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wil~on
Telephone (516) 765-1809
BO~ OF ~P~
TO~ OF SOUTHOLD
December ~,
1992
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Ma'ln Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Mrs. Dolores Principi
P.O. Box 495
Amagansett, NY 11930
Re: Right-of-Way Access for Emergency Vehicles
Adam Associates Property at Cox Neck Road, Mattituck
Dear Mrs. Principi:
Recently you inquired as to the nature of an application
filed with our office by Adam Associates, and you left your copy
of the Neighbor notification and map. We are returning those
copies to you.
Also, please find enclosed a copy of a more detailed map
showing the location of the right-of-way over which emergency
access is being requested, together with a copy of the
application filed with us.
Please do not hesitate to call us or stop in to review the
file. We will be scheduling a public hearing on this
application for Thursday, January 14, 1993 at approximately 7:45
p.m. at which time all persons are most welcome to attend if
they are interested.
Very truly yours,
Enclosures
Linda Kowalski
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
Jan..?$ Dinizio, Jr.
Robert A. Villa
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
SE~RA UNLISTED ACTION DECLARATION
Nov .
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
30, 1 992
AppeaZ No. 4142 Project Name: Adam Associates
County Ta~ Map No. 1000- 11 3- 12- 10. 1, 10.2, 10. 3
Location of Project: E/s Cox Neck Rd., Mattituck,
NY
Relief Requested/Jurisdiction Before This Board in this Project:
Recognition of right-of-way improvements for emergency and other
vehicles under NY Town Law, Section 280-a
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 with the
subject application indicating that no significant adverse environmental
effects are likely to occur should the project be implemented as planned,
and:
{ } this Board wishes to assume Lead Agency status and urges
coordinated written comments by your agency to be submitted with the next
20 days.
~ this Board has taken jurisdiction as Lead Agency, has deemed
this Board of Appeals application to be an Unlisted SEQRA Action, and has'
declared a Negative Declaration for the following reasons:
a. An Environmental Assessment has been submitted and evaluated, and/or
b. An inspection of the property has been made, or
c. Sufficient information has been furnished in the record to evaluate any
possible adverse affect of this project as filed, and/or
d. This application does not directly relate to new construction or
on-site improvements.
{ } this Board refers lead agency status to your agency since the
Board of Appeals does not feel its scope of jurisdiction is as broad as
the Planning Board concerning site changes and elements under the site
plan reviews. The area of jurisdiction by the Board of Appeals is not
directly related to site improvements or new buildings. (However, if you
do not wish to assume lead agency status within 15 days of this letter, we
will assume you have waived same, and we will be required to proceed as
Lead Agency.)
For further information, please contact the Office of the Board
Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809.
mc
of
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOV~N OF SOUTHOLD
November 30,
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
1992
Richard E. DePetris, Esq.
Scheinberg, Schneps,
DePetris & DePetris
One Union Square
P.O. Box 716
Aquebogue, NY 11931
Re: Adam Associates - Variance (Recognition of Access)
Dear Mr. DePetris:
We have reviewed the above documents and ask that you
please:
a) send notice by certified mail to the abutting property
~,~ owners of County Tax Map Lots 7 and 8, together with a of
copy
the right-of-way map as soon as possible;
~.,~ b) return the postmarked, certified mail slips from the
~// post office to our office attached to the reverse side of the
Neighbor Notice with the Affidavit of Mailing completed.
c) furnish a copy of the recorded easement referred to at
Liber 5926 in the deed for our records.
d) confirm whether or not more than three dwellings or
three'lots will have a legal right to gain access over this
616.30 ft. right-of-way. {The parcels to which this 280-a
access will be considered in this application will apparently
include Lot 10.1 as well as Lots 10.2 and 10.3 of Block 12,
Section 113, for a total of three dwellings.}
~ furnish at least three photographs of the right-of-way
for~t permanent records.
Upon receipt of items (a) through (d), we will be in a
position to advertise this application for a public hearing.
The photographs may be furnished when available. For your
Page 2 - November 30, 1992
To: Richard E. DePetris, Esq.
Re: Adam Associates (280-A)
convenience we are attaching a copy of the Notice of Disapproval
issued November 27, 1992 by the Building Inspector.
Very truly yours,
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
SCHEINBERG, SCHNEPS, DePETRIS~OePETRIS, ESQS,
One Union Square
Aquebogue, New Ymk 11931
516-722-5100
DATE:
SUBJECT:
TOWN OF SOUTItOLD
BUILDING DEPARTMENT
TO~'~ CLERK'S OFFICE
SOUTIIOLD. N.Y.
NOTICE OF DISAPPROVAL
.
PLEASE TAKE NOTICE that your application dated ... 10.~..~.. 1~ ........ 19 ~.~....
~ ~ , . ~' ~ .I ,~~.~..~..~...1~.~.[~ ..... ; ........ at
for pe~it to
Ho~ No. ~o .... ~;/~;;~ ......... ~ · '
County Tax Map No 1000 Section .. {I ~ Block /~ Lot ~..~,t.~
Subdivision. O~%..~.-. FiedMnpNo. ~47~.$.(.~7~'~;;~..~ .........
is returned herewith and disapproved on the following grouuds. ~.~ ......... ~9. ~ ....
Building Inspector
RV 1/80
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
SUPPLEMENTAL NOTICE OF HEARINGS
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Code of the Town of Southold, 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 THURSDAY, JANUARY 14, 1993 commencing at the
times specified below:
6. 8:00 p.m. Appl. No. 4140 - Application of JOHN CROKOS
for a Variance to the Zoning Ordinance, Article XXIII, Section
100-239.4A(1) for permission to locate structures within 100
feet of the top of the bluff along the Long Island Sound.
Location of Property: 2110 Grandview Drive, Orient, NY;
County Tax Map Parcel No. 1000-14-2-3.11.
7. 8:05 p.m. Appl. No. 4147 - Application of DONALD E.
FAHEYt JR. for a Variance to the Zoning Ordinance, Article
IIIA, Section 100-30A.3 for approval of existing deck
constructed almost 20 years ago. This deck, under the current
zoning regulations, does not'meet the required rear yard setback
for a substandard parcel in this R-40 Zone District. Location
of Property: 2675 Hobart Avenue, Southold, NY; County Tax Map
Parcel No. 1000-64-5-32.
Page 2 - Notice of Hearings
$outhold Town Board of Appeals
Regular Meeting of January 14, 1993
The Board of Appeals will at said time and place hear 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. For more information,
please call 765-1809 or visit our office.
Dated: December 21, 1992.
BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
x
Gerard R Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF $OUTHOLD
Copies to the following on or about 12/21/92:
SCOTTL. HARRIS
Supervisor
Town Hall, 53095MainRoad
PO. Box 1179
Southold, NewYorkl1971
Fax(516) 765-1823
Telephone (516) 765-1800
L.I. Traveler-Watchman, Inc. (pers. delivery)
Suffolk Times, Inc. (fax transmission)
Mr. and Mrs. Fred Hulse
235 Sunset Lane
Greenport, NY 11944
Ward Associates, P.C.
1500 Lakeland Avenue
Bohemia, NY 11716
Mr. Garrett A. Strang, R.A.
P.O. Box 1412
Southold, NY 11971-1412
Richard E. DePetris,
P.O. Box 716
Aquebogue, NY 11931
Esq.
Mr. John Sandgren
Keller-Sandgren Associates
10 Mineola Avenue
Roslyn Heights, NY 11577
Stephen L. Ham III, Esq.
45 Hampton Road
Southampton, NY 11968
ZBA Individual Files
ZBA Members with copies from each file
Original Legal Notice and Supplemental
Town Clerk Bulletin Board 12/21/92
Mr. Donald E. Fahey, Jr.
P.O. Box 777
Eastport, NY 11941
legal Notice Posted on
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE 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:
DATE:
RE:
Zoning Board of Appeals
Office of the Town Clerk
November 30, 1992
ZONING APPEAL APPL. NO. 4142 - ADAM ASSOCIATES
Transmitted herewith is Zoning Appeal Appl. No. 4142 - ADAM
ASSOCIATES together with the Notice of Disapproval from the
Building Department, a letter from the Board of Appeals to
Richard DePetris, Esq., the Notices to Adacent Properly Owners,
the Short Environmental Assessment Form, the Zoning Board of
Appeals' Questionnaire, a copy of the deed, a copy of the Map
Showing 50' Right of Way (Heritage Harbor), and a copy of the
Minor Subdivision Map for "Adam Associates" at Mattituck.
Judith T. Terry
Southold Town Clerk
OF
(~) COUNTY OF SUFFOLK, !Mm- $OUTHOLD J.. ~CT,~.~
Real Property Tax Service AgencyI I J I ~
FORM NO. 3
TOWN OF SOUTItOLD
BUILDiNG DEPARTMENT
TOWN CLERK'S OFFICE
SOUTIIOLD, N.Y.
NOTICE OF DISAPPROVAL
PLEASE TAKE NOTICE that your application dated ... ~,.~.~..~.. L ........ 19 ~..:x~-~..
for permit to ~..~. ·..~.~ ~..OA~'....~)... ~.: .'.~..~..[..~..'~ ..... :.....~....at ·
ro~,o, or ~o~e~ ...e,9:.~ .... ~...~..~,~.. ~d .... ~.~~ ....
House No. ~ ~ Street ~ ~ Hamlet
Subdivision O&..~:. FiledMapNi'~'*.¢.t.'"~..~'~;;d..~;~.~...
is returned herewith and disapproved on the following grounds . ~.~
...... , .....
Building Inspector
RV 1/80
I PROJECTI.D.
NUMBER
617.21
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
SEQR
1. APPLICANT /SPONSOR I 2. PROJECT NAME
ADAM ASSOCIATES I ADAM ASSOCIATES
3. PROJECT LOCATION:
Mumc~pamy Town of Southold Coumy Suffolk
Adam' s Road
50 foot right of way from Cox Neck Road to Adam's Road
[] New {--} ExDan$1o~ r~ Modlflcatlonlalt etatlon
Improvement of 50 foot right of way
,n,t,a,,y 0 · 7057 .ctes Uttlmately 0.7057 acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
{--'~ Yes [] NO I! NO, describe brielly
WHAT tS PRESENT LAND USE IN VICINITY OF PROJECT?
~Re$1dentlal [] I.dustH.l [] OomIlletC~,~ [] Agriculture [] Pa,kJFo,estlOpen space ~ Other
t0. DQE$ ACTION INVOLVE A PERMIT APPROVA~ OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERA~
. ~OE5 ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
~ Plug ~ s~ivision a~al
ADAM ASSOCIATES
/92
II the action is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
.. I (Continued on reverse side)
The N.Y.S. Environmental Q~ality Review Act requires submission
of this form, and an environmen al review will be made by this board
· before any action is taken.
INSTRUCTIONS:
(a) In order to answer the questions in this short EAF it is assumed
that the preparer will use currently available information concerning the
project and the likely impacts of th~ 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 ail questions have been answered NO it is likely that the ~
project is not significant.
(d) Environmental Assessment
1. Will project result in a large physical change
to the project site or physically 'alter more
than 10 acres of land? __Yes :X NO
2. Will there be a major change to any unique or
u~ual land form on the site? __Yes X No
3. Will project alter or have a large effect on
an existing body of water? ... Yes X No
4. Will project have a potentially large impact on
groundwater quality? ___Yes X No
5. Will project significantly effect drainage flow
on adjacent sites? · Yes X No
6. Will project affect any threatened or endangered
plant or animal species? ___Yes X NO
7. Will project result in a major adverse effect on
air quality? Yes X No
8. Will project have a major effect on visual char-
acter of the co~unity or scenic views or vistas
known to be important to the community? Yes X____No
9. Will project adversely impact any site or struct-
u=e of historic, pre-historic, or paleontological
importance or any site designated as a critical
envircamental area by a local agency? Yes X____No
10. Will project have a m~jor effect on existing or
future recreational opportunities? Yes X NO
ll. Will project result in major traffic problems or
cause a major effect to existing transportation
~ systems? Yes X NO
12. Will project regularly cause objectionable odors,
noise, glare, vibration, or electrical disturb-
ance as a result of the project's operation? ___.Yes X No
13. Will project have any impact on public health
or safety? . Yes X No
14. Will project affect the existing community by
directly causing a growth in permanent popula-
tion of more than 5 percent Over a one-year Yes X NO
period o__r have a major negative effect on the
character Of the community or neighborhood?
15. IS there public controversy concerning the
· .'pr°ject? ~. ' '~ ~.~ yes X No
Preparer, s S~geature'
Representing: ADAM ASSOCIATES ~ Date: 11//~/92
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.)
See attached business
certificate for partners
B. Is the subject premises listed on the real estate market for
sale or being shown to prospective buyers? {X } Yes
{ } No. (If Yes, pl~e ar~h ~r,~ n~ "condi~4nns" of sale.)
road improvements to be made
C. Are there =::x/~r~posals tuL-hange~r alter land contou~u?
{ } Yes {x} No
1. Are there any areas which contain wetland grasses? NO
2. Are the wetland areas shown on the map submitted with
this application?
3. Is the property bulkheaded between the wetlands area and
the upland building area?
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
level? N.A. (If not applicable, state "N.A.")
F. Are there any patios, concrete barriers, bulkheads or fences
which e~t and are not shown on the survey map that you a~
submitting? none If none exist, please state "none."
G. Do you have any construction taking place at this time
concerning your premises? none If yes, please submit a copy
of your building permit and map as approved by the Building
Department. If none, please state.
H. Do you or any co-owner also own other land close to this
parcel? yes If yes, please explain where or submit copies
of deeds. Adam:-:Associates also ownsLot 4 on its subdivisi°nmap.
I. Please list present use or operations conducted at this
parcel and
proposed use Lot~ 2 ~ 3 will be developed for residential use
in the future.
~ ~ ~ 11/~ /92
AutHorized Signature ~nd Date
3/87, 10/901k
usines Certifitate [or artner
The undersigned do hereby certify that they are conducting or transacting business as members
of a partnership under the name or designation of AD~vl ASSOCIATES
at 845 l~yer Rood, Mattituck,
in the County of Suffolk , State of lVevv York, and do further certify that the full
names of all the persons conducting o~ transacting such partnership including the full names of all the
partners with the residence add~ess of each such person, and the age of any who may be infants, are as
folio ws:
NAME SpecHy which are inlants and state ages.
DISAK PROPERTIES
JQHN LIVANOS
R~iIt ENGEL
SANDRA ODRFIN
SHELDON GORFIN
DANNY DIMOPOULOS
RESIDENCE
28 William Street New Hyde Park, New York 11040
.~ .~. .~. ~% . ~.a. .s. ~s...a. ~u. . .~.u. ~.e. ~a. . ~ ~ ~ ~ .~.e..n..~.c..&t.~ ~.~.~..r..k. . ~ -.~ ~ ~ 3~9 ....
~...~.?.~-"..~q.,....~.t..~.~ t...u..c..~:...~...!o.?...k......![~.P.~ ..........................
42 Dutch Hollow Drive~ Oran~ebur~; New York 10962
7. ..D~__n_n..9 ._D~....i..v.e, PlainView, New York 11803
WE DO FURTHER CERTIFY that we are the successors in interest to
ADAM ASSOCIATES
the person or persons heretofore using such name or names to carry on or conduct or transact business.
~n ~llitut~ ~E~l~ttto[, We ha~e this loth day of Hay
and signed this certit~cate. DISAK PROPERTIES
By:
( SEE ACKNOWLEDGEMENTS A~TACI1ED I lER~rO )
GORFIN ·
19 90 made
~lll~lNWlJlllo"d'd' 30tiled OecNi~r ~ dmmml
1~4ttttuck, m I1~
M ASSOCIATES. I partnership dolq Imlnlis it 84S ~ I1~1. Ilittltldl.
lily vid I1~
TEN
and other Ilvful c~sl~ati~,
~[ AITACI(O SCHEDULE
,'Pl-11llll7
CURVE
10217 ~174
~ lJlI, OIIAA?IOIIGIILIt DIIIIICT |Ill
tim))
PLEA~ OOBOTl
II, deal. lei ~ I1~II
Ii
=:, .- , ..... ·
1
Date Documents Accepted for Filing:
Apl. Fee Required: $<5~,~
APpl. No.
Application Incomplete
for the Following Reasons-
Application Form Not Signed or Notarized
Notice of Disapproval~or in error --
Notice to Adjacent Property ~wners Form
or Certified Mail Receipts not attached
One original survey is necessary
Extra copies of survey map necessary
Copy of Deed of Current Owner Necessary
Environmental Assessment Short Form
Signed ZBA Questionnaire
If Applicant is a corporation, need
Disclosure Affidavit
Date
/ /
/ /
/ /
/ /
Other information is awaited:
Site Plan Layout or other drawings
Copy of Contract if Purchaser is applying
Single & separate search
Finalization of SEQRA by PB, TR, etc.
Other Review by ZBA,.i.e.
/ /
/ /
/ /
/ /
/ /
/ /
/ 1
/ /
, /
/ /
, /
/
/ /
/ /
/ /
/ /
OK
(~) COUNTY OF SUFFOLK
~"'~'°* ~ "~"' Y°'~
OWNER
TOWN OF SOUTHOLD
s'r.E~ -Tq 2.
FORMER OWNER
N
PROPERTY
VILLAGE
E
RES. 3 ¢ SEAS.
LAND IMP.
RECORD
CARD
D ~ LOT
ACR. !~-f ~2
TYPE OF BUILDING
FARM COMM. CB. MISC. Mkt. Value
TOTAL
DATE REMARKS
AGE
NEW
FARM
Tillable I
Tillable 2
Tillable 3
Woodland
Swampland
, Brushland
House Plot
Fatal
NORMAL
Acre
BUILDING CONDITION
BELOW ABOVE
Value Per Value
Acre
FRONTAGE ON WATER
FRONTAGE ON ROAD-
DEPTH
BULKHEAD
DOCK
M. Bldg.
Extension
Extension
Extension
Porch
Porch
Breezewa
Garage
Patio
Total
COLOR
TRIM
Foundation
Basement
Ext. Wails
Fire Place
Type Roof
Recreation Room
Dormer
Driveway
Bath
Floors
interior Finish
Heat
Rooms 1st Floor
Rooms 2nd' Floo,
Dinette
BR.
FIN. B.
I~ o- 1/3-/2---?TOWN OF SOUTHOLD PROPERTY RECORD CARD "~
OWNER STREET --~ ~ ~ VILLAGE DIST SUB.
ML. ~ FA~ COMM. CB. MISC. Mkt. Value
RES. ~ // S~S.
~ND IMP. T~A L DATE REMARKS
,
~ ~u,~,N~ CON~mON
N~ NOR~L BELOW ABOVE
FArM Acre M~lu~ Per V~lue
Acre
Tillable ] 2 ~Oa ~.~
Tilloble 2
Tillable 3
Woodland
Swampland FRONTAGE ON WA~ER
Brushland FRONTAGE ON ROAD
House Plot DEPTH
BULKH~D
Total DOCK
M. Bldg.
Extension
Extension
Extension
Porch
Porch
' Breezeway
Garage
Patio
O.B.
Total
COLOR
TRI,M
Foundation
3osement
Bath
Floors
Dinette
~t. Walls, Interior Finish LR.
Fire Place Heat DR.
l'ype Roof Rooms ]st Floor BR.
Rooms 2nd F'loor
~ecreotion Room
)ormer
Drivewoy
FIN. B.
TOWN OF SOUTHOLD PROPERTY RECORD CARD
FORMER OWNER N~/~.&~,.,.~ ,~..~_~ E , ACR.
'- . . L, t, A~~< /. ~.
RES. ~ // S~S. VL ~ FA~ COMM. CB. MISC. Mkt. Value
~ND IMP. TOTAL DATE REMARKS
A~E BUILDIN~ CONDITION
N~ NOR~L BELOW ABOVE
FARM Acr~ V~lue Per V~lue
Acre
Tillable ]
Tillable 2
Tillable 3
Woodland
Swampland FRONTAGE ON WA~ER
Brushland FRONTAGE ON ROAD
House Plot DEPTH
BULKH~D
Total DOCK
M. Bldg.
Extension
Extension
Extension
COLOR
TRIM
Foundation
Basement
Ext. Walls
Fire Place
Bath
Floors
Interior Finish
Heat
Dinette
LR.
DR.
Type Roof
Rooms 1st Floor
BR.
Porch Recreation Room Rooms 2nd Floor 'FIN. B.
Porch Dormer
Driveway
Breezeway
Garage
Patio
O. Bo
Total
TOWN OF SOUTHOLD PROPERTY RECORD CARD
/~ ~ --//3-{4- I !
OWNER STREET fl C) 0 VILLAGE DIST, SUB. LOT
FORMER
OWNER
N
s I W kteY~%o~e ~OY~or ~PE OF BUILDING
RES. ~ ~ S~S. VL. FARM ~ COMM. CB. MICS. Mkt. V~lue
~ND IMP. TOTAL DATE RE~RKS
AGE BUILDIN6 CONDITION
N~ NOR~L BELOW ABOVE
FA~ Acre Value Per Velue
Acre ~. ~. ~' ~ ~ ,~,. ~
W~lond ¢ / ~ ~ ~" ¢ ~' ~o d FRONTAGE ON ROAD
Meodowlond DEPTH
House Plot BULKH~D
Totol D~K
COLOR
-TRIM
M. Bldg.
Extension
Extension
Extension
Porch
Foundation
Basement
J
Bath
Floors
Porch Ext. Walls Interior Finish
Breezeway Fire Place Heat
Garage Type Roof Rooms Ist Floor
Recreation Room
Dormer
Patio
Total
Rooms 2nd Floor
Driveway
TOWN OF SOUTHOLD PROPERTY RECORD CARD
'OWNER- STREET ~OJ~ VILI-AGE DIST. SUB. LOT
FoRAAER dW~IER ~ N E ACR. I "~
I
S W TYPE OF BUILDING
RES. ~ / ~ S~S. VL.~ FAR~ CO~. CB. ~ICS. ~kt. Velue
~ND I~P, TOTAL DATE R~RKS
Tilleble FEONTAGE ON WATER
W~lend FEONTAGE ON ROAD
~ed~ DEPTH
H~ Plot BULKH~D
Totel
Porch
Porch,,
Breezeway
Garage
Patio
0o B.
Total
,z cx.3£,
COLOR
TRIM
Foundation
Basement
Ext. Walls
Bath
Floors
Interior Finish
Dir~t~t~
Ko
Fire Place Heat O, ~, tO, DR. )
Type Roof Rooms 1st Floor ~/ BR.
Recreation Roorr ., Rooms 2nd Floor 4./ FIN. B
Dormer / Driveway
I g//~ I
R-80
R-80 ~
R-80
~ A-C
MATTITUcK
LIOj
,9-89
TOWN CLERK
, TOWN Or SOUTHOLD 4 5 1 0 3
S~ffolk County, New York Phone 516-765-1801
Southold, New York 11971~ Date
~ ~EIVED OF (~--e~,~-, _ _
0 ~ ~ ~
Judith T. Terry, Town Clerk
BOARD OF APPEALS, TOWN OF SOUTHOLD
iIn the Matter ct the Petition of :
ADAM ASSOCIATES: :
to the~oard of Appeals of the Town of Southold :
TO:
Mr. Jeffery L. Evans, 17 Vistas Drive North,
Mr. and Mrs. william F. Amato,
NOTICE
TO
ADJACENT
PROPERT~ OWNER
Manorville, ~.Y. 11949
Cox Neck Road, Mattituck, N.Y. 11952
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals of the Tow~ of Southold
to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice]
variance due to lack of access 1.
2. That the property which is the subject of the Petition is located adLacent to your property and is des-
cribed as follows: Lots 2 and 3, Minor Subdivision Map for Adam Associates,
filed 2/7/91 as map no. 9061
3. That the property which is the subiect of such Petition is located in the following zoning;district:
R-80
4 That b% such Petitiun, the undersigned will request the following relief: that the Board of Appeals
de~m~ne the reouired improvement of the 50 foot riqht of ~ay between Cox Neck Road'
and A~am'.~ ~d~ for a~_~.~.~ to ~h~ above-described lots
S. That the provisions of the 5outhoid Town Zoning Code applicable to the relief sought by the under-
signed are Article Section
[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 the 5outhold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there
ex%mine the same during regular office hours. (516) 765-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
B6ard 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:' December 10, 1992
ADAM ASSOCIATES
Petitioner
0wners'Names: Adam Associates
Post Office Address
905 Bayer Road, P.O. Box 497
Mattituck, New York 11952
Tel. No. ( 516 ) 298-8795
[Copy of sketch or plan showing proposal to be attac~: fO~-cC~ence
purposes.
Attached is a copy of the pertinent portion of the tax map showing in
red the location of the 50 foot right of way.
NAM~
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
ADDRE55
P 417 911 941
Receipt tor
CertifiedlMail
No tnsurance overage Provided
~ff.mm~ Do not use f~lnternational Mail
(See Reverse}
P 417 911 942
Receipt for
,.Certified Mail
No Insurance Coverage ~1~vided
.~,~ Do not use for International Malt
(See Reverse}
S et and NO
PO , St~e and ZIP Code
Certified Fee
~pecial Delivery Fee
Restficted Delivery Fee
Return Receipt Shewing
to Whom & Date Delivered
Return Receipt Shew'
STATE OFNEW YORK )
COUNTY OFSUFFOLK)
SS.:
BARBARA A. ANDERSON ,residingat Jamesport~ New York 11947
, being duly sworn, deposes and says that on the I n~-h day
of [~mhRr ,19 g2 , 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 addresser of said persons as shown on
the current assessment roll of the Town of $outhold; that said Notices were mailed at the United States Post Of-
fice at Aqueboque r New York
(c~rtified)
Sworn to before me this 10th
day of December ,19 92
Notary Public
; that said Notices were mailed to each of said persons by
Barbara A. Anderson
(This side dow not have to be completed on form transmitted to adjoining
property ownerS.)
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter or the Petition of :
ADAM ASSOCIATES :
tO the Board of Appeals of the Town of Southold :
TO:
Donald L. Fowler, Blanche George, Fabrizo Gentile,
Dominic Principi, Richard Principi, Mr. and Mrs. Michael Caraftes,
Mr. and Mrs. Randall Feinberg, Randall Feinberg, Riverside Homes Inc. &
Gary Dobkin and Kenneth Griffith See attached schedule for addresses.
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. That iz is the intention of the undersigned to petition the Board nf Appeals of the Town of Southotd
to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice]
variance due to lack of access
2. That the property which is the subiect of the Petition is located adjacent to your property and is des-
cribed as follows: Lots 2 and 3r Minor Subdivision Map for Adam Associates~
filed 2/7/91 as map no. 9061
3. That the property which is the subiect of such Petition is located in the following zoning district:
R-80
4 That h~, such Pelition, the undersigned will request the following relief: that the Board of Appeals
de~termine ~he rec~_]ir~rl ~mp_rov~n~nt of ~ 50 foot riqht of wa_v b~w~en C~x N~ck RDad'
and ~q.am'$ Road, ~or access to the above-described lots
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article Section
[7J Section 280-A, New York Town Law for approval of access over right(s)-of-way]
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southoid Town Clerk's Office at Main Road 5outhold, New York and you may then and there
examine the same during regular office hours. (516) 7~5-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeah; 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:' November I~ ~ 1992
ADAM ASSOCIATES
Petitioner
Owners ' Names: Adam Associates
Post Office Address
905 Bayer Road, P.O. Box 497
Mattituck, New York 11952
Tel. No. (516) 298-8795
[Copy of sketch or plan showing proposal
purposes.]
to be attached for convenience
Attached is a copy of the pertinent portion of the tax map showing in
red the location of the 50 foot right of way.
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
NAME ADDRESS
STATE OF NEW YORK )
COUNTY OF SUFFOLK)
SS.:
BARBARA A. ANDERSON .residingat Jamesport. New York 11947
, being duly sworn, deposes and says that on the ~ day
of ~]ovP_mb~r ,19 92 . 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 addresse~ of said persons as shown on
the current assessment roll of the Town of Southold; that said Notices were mailed at the U~lited States Post Of-
fice at AquP_bo?]l~: NEW yr~rlc ; that said Notices were mailed to each of said persons by
{certified)
Sworn to before me this 16th
day of T~nvPmlnpr , 19 92
~/Notary Public
BETTY O. MATSON
Nl~lfy~Public, State of New
· 01 MA4636820
Cillltm~nified in Suffolk County
Expires Sept. 30, 199~
Barbara A. Anc~erson
(This side does not have to be complet'ed on form transmitted t~adjoining
property owners.)
Donald L. Fowler ~
570 Sandy Hook Road
Palm Harbor, FL 34683
Blanche George m //~-/~.?
26-14 150th Street
Flushing, NY 11354
Fabrizo Gentile~~
212 Front St.
Greenport, NY 11944
Dominic Principi F
1087 Fort Salonga Road
Northport, NY 11768
Richard Principi~
P.O. Box 495
Amagansett, NY 11930,v~-~/3
P 41S~.~J12 ~57
~. Rece'~lRt~
Certified Mail
No Insurance Coverage P~ovided
Do not use for {nternational Mail
(See Reverse)
Postage
Certified Fee
Restricted Delivery Fee
Return Receipt Showing
Return Receiot Showi~ to Whom,
Date, and Address~'s Address
70TAL Postage
Mr. and Mrs. Michael Caraftes~
204 California Avenue
Port Jefferson, NY 11777
Mr. and Mrs. Randall Feinberg
P.O. Box 186
Mattituck, NY 11952
Randall Feinberg ~'
P.O. Box 186
Mattituck, NY 11952 //3
Riverside Homes Inc.~'
1159 Main St.
Riverhead, NY 11901
Gary Dobkin and Kenneth Griffith~
67-15 102nd St.
Forest Hills, NY 11375
MAP
~/o
'\
SHOWING 50' RIGHT OF WAY
PARK & RECREATION AREA
MAP OF
HERITAGE HARBOR
FILE No. 6853 FILED SEPTEMBER 18, 1979
SITUATED AT
MATTITUCK
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORI<
S.C. TAX No. 1000-113-14-P/0 11
SCALE 1"=50'
SEPTEMBER 4, 1992
t. (c.t~. 4~;
AREA = 50,7,~0.82 sq. ff.
0.7057
N.Y.S Lrc No 49668
Joseph A. Ingegno
Land Surveyor
P.O. Box 1931
Riverhesd, New York 11901
(516)727-2090
Fox # (516)722 5093
TYPICAL WELL
TYPICAL SEWAGE DISPOSAL SYSTEM
I HEREBY CERTIFY THAT THIS MAP w**s MADE BY US FROM ACTUAL SURVEYS
THIS IS TO CERTIFY THAT THIS SUBDIVISION PLAN HAS OEEN APPROVED
BY THE PLAI~)NING BOARD OF T'~ TOWN OF $OUTHOLD BY RES LUTION
APPLICANT:
ADAM ASSOCIATES
C/O RUTH ENGLE
P. O. BOX 497
MATTITUCK. N.Y 11982
CERTIFIES TO.
CHICAGO TITLE INSURANCE COMPANY
NORTH FORK BANK & TRUST CO.
ADAM ASSOCIATES
TYPICAL PLOT
CROSS SECTION
MAp OF HERITAGE HARBOR"
SUFF CO MAP NO 6853
//~ 0 T
///~/SO, WOO
3
SO FT
t~lTH
LOT 4 c~
G
LO1~ 2
98,275 SQ.FT
AREA Z6797 ACRES
'43
"-'-- ,S'UFFOLKCOUNTY, N.
FILED °40 Scale 1'= 100'
FEB ? ,991
M/NOR SUBDIVISION
FOR
I'~.ADAM ASSOCIATES"
A T MA TTITUCK
TOWN OF SOUTHOLD
Jan. 9, 1987
PECONIC SURVEYORS, P.C~
(51e) 7a5 - 5020
P.O. BOX 909
MAIN ROAD
SOUTHOLD, N Y. llg71
CONTOUR LINES ARE TAKEN FROM THE FIVE EASTERN TOWNS TOPOGRAPHIC MAP
86" 58A