HomeMy WebLinkAbout4184
APPEA1,S BOARD MEMBERS
C-erard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jn
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
Appl. No. 4184.
BOARD OF APPEALS
TOWN OF SOUTHOLD
ACTION OF THE BOARD OF APPEALS
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
Upon Application of CHARLES H. LEWIS - Variance as
provided by New York Town Law, Section 280-A requesting
standards of minimum improvement to the traveled bases of two
separate (private) rights-of-way for safe and sufficient access
by emergency, fire and other vehicles located as described below:
Access to Lot No. 1, as modified, with its proposed access
over a right-of-way extending from the westerly side of
Lighthouse Road, Southold, NY, over premises now or
formerly of Pantel, referred to as Parcel #1000-50-3-3.4,
and over premises now or formerly of Suffolk County,
known as Parcel #1000-50-3-3.1.
Access to Lo~ No. 2, as modified, with its proposed access
over a right-of-way extending from the northerly side of
Sound View Avenue, Southold, NY, in a northerly direction
over lands now or formerly of Regan, Lindermayer, Stanley,
Kudinka and/or Garcia and Sileo, referred to as Parcels
#1000-50-3-16, 7, 8, 23, 9 and/or 19.1. The subject lot
requiring Section 280-A approval is shown as new
subdivision Lot No. 2 as modified and further identified as
County Tax Map Nos. 1000-50-3-14, 15, and 16 for a total
combined area of 2.2612 acres, and which is pending before
the Southold Town Planning Board for re-division into two
lots.
WHEREAS, a public hearing was held on August 18, 1993 and
September 20, 1993, at which time those who desired to be heard
were heard and their testimony recorded (see transcript prepared
under separate cover); 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,
the surrounding areas; and
and
' '~a~e 2 - Appl. N~ [84
Matter of CHARLES LEWIS (280-A)
Decision Rendered Septen~ber 20,
1993
WHEREAS, the Board made the following findings of fact:
1. RELIEF REQUESTED. There are two separate easement
areas over which the applicant is requesting two separate access
routes. The first right-of-way (referred herein as ROW No. I)
is shown on the map prepared by Peconic Surveyors, P.C. revised
August 17, 1993 as the "westerly 30-ft. wide right-of-way"
extending from a point along the northerly side of Soundview
Avenue, North 42 degrees 5 minutes 23 seconds West 623.46+-
feet, to proposed Lot No. 2 {as re-divided in this change of lot
lines}. The second right-of-way (referred herein as ROW No.
II) is shown as the "easterly 25-ft. wide right-of-way"
extending from a point 654.52.feet north of the intersection of
Soundview Avenue and Lightnouse Road, running along the westerly
side of Lighthouse Road South 55 degrees 02 minutes 20 seconds
West 201.85 feet, thence North 41 degrees 4 minutes 10 seconds
West 72.68 feet, thence South 48 degrees 00 minutes 00 seconds
West 158.35 feet to the southerly property line of proposed Lot
No. 1 {as re-divided}. The owner of proposed Lots No. 1 and
No. 2 does not own title to the lands over which this access
route is shown. Sufficient notice to the owners of said lands
has been furnished for the record. The attorney for the
applicant has assured the Board that the rights-of-way as shown
are not in dispute and the easements are deeded to the applicant
and his predecessors in title.
2. PRESENT CONDITION OF RIGHT-OF-WAY. The condition of
the base of both rights-of-way are in fair condition, and is
further noted below:
a) ROW No. I is shown at a full easement width of
thirty (30) feet, and a traveled stone roadway approximately ten
(10) feet in width;
b) ROW No. II is shown at a full easement width of 25
feet,,and a traveled dirt roadway width varying from 8 to 10
feet.
The base of each right-of-way is in need of improvement, and the
traveled portions should be widened to 12 feet and have at least
a 15 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,
· Page 3 - Appl. I 4184
Matter of CHARLE~ ~EWIS (280-A)
Decision Rendered September 20, 1993
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 Chairman Goehringer, seconded by
Member Wilton, it was
RESOLVED, to ADOPT the following standards of improvements,
and conditions, in this application for relief under the
provisions of New York Town Law, Section 280-A:
1. The entire length and base of both rights-of-way (I &
II) be improved a minimum of 12 feet in width, and have an
unobstructed clearance at 15 feet in width within the easement
areas; also, driveway areas must have an unobstructed clearance
between 12 and 15 feet in width;
2. Straightening of the turn within ROW (best possible);
3. Since approval is requested over both rights-of-way,
all potholes must be filled with bank run (20% content) for the
entire length of both rights-of-way, as well as placement of 2"
of compacted stone blend for a full width of 12 feet and entire
length, {and scarified where necessary};
4. Both rights-of-way must be kept in good condition at
all times, and continuously maintained. In the event this
right-of-way is found in poor condition, the Town may take
whatever action is necessary -- including the reopening of this
application, after due notice and public hearing, and/or require
new applications for this and/or other properties in the area
utilizing these same rights-of-way as their only legal access
routes; and
"P&ge 4 - Appl. ~ 184
'Matter of CHARLE~ LEWIS (280-A)
Decision Rendered September 20, 1993
5. A description of the improvements to the rights-of-way,
after completed, shall be sent in writing to the office of the
Board of Appeals, before acceptance is made by the Chairman or
his authorized representative. It shall be the authority of
the Chairman (or alternate Board Member) to accept or reject the
improvements made, or require other modification for further
improvement or better maneuverability within the easement area.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Dinizio, Villa and Wilton. This resolution was duly adopted.
lk
GERARD P. ~OEHII~NGER/CHAIRMAN
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 SOUTHOLD
NOTICE OF PUBLIC 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, that the following
public hearings Will be held by the SOUTHOLD TOWN BOARD OF
APPEALS, at the Southold Town Hall, 53095 Main Road, Southold,
New York 11971, on WEDNESDAY, AUGUST 18, 1993 commencing at
· .the times specified below:
1. 7:32 p.m. Appl. No. 4180 - JOAN AND ROY BERMAN.
(Continued from 7/22/93 meeting). Variance for expansion of
accessory storage-garage building which was recently altered
under Permit No. 20895 issued 8f18/92 and which addition will be
in excess of 20% lot coverage limitation for all buildings.
ProPerty Location:
No. 1000-31-18-11.
2614+- sq. ft.
520 Rabbit Lane,· East Marion, NY; Parcel
This property is nonconforming at a size of
2. 7:351 p.m. Appl. No. 4188 - RUSSELL IRELAND, JR. for a
Variance to the Zoning Ordinance, Article XXIII, Section
100-239.4B for permission to construct open walkway·between the
bulkhead and the existing deck addition at the rear of the
~age 2 - Notice of -~arings
Southold Town Board of Appeals
Regular Meeting of August 18, 1993
dwelling, which deck was required to be modified under Appeal
No. 4163 on May 11, 1993 with a 15-ft. setback from the bulkhead
rather than "as built." Location of Property: 5400 Great
Peconic Bay Boulevard, Laurel, NY; District 1000, Section 128,
Block 2, Lot 12. This parcel Contains a total area of 43,402
sq. ft. and is located in the Rh40 Low-Density Residential Zone
District.
3. 7:40 p.m. Appl. No. 4189 - SALVATORE W. CAMPO for a
.Variance to the Zoning Ordinance, Article III-A, Section
100-30A.3 for permission to construct addition to dwelling with
an insufficient (front yard ) setback from Landing Path Road
(unimproved). This parcel has two front yard areas, contains a
total area of 25,175 sq. ft., 100 ft. frontage along the south
side of Clearview Avenue and 251.'75 feet along the westerly side
'of Landing Path Road (unimproved), Southold, NY; County Tax Map
DiStrict, Section 7.0, Block 09, Lot 53.
4. 7:45 p.m. Appl. No. 4185 - THOMAS J. McCARTHY (contract
vendee). Current Owners: Frank Majeski and others. Variance
to the Zoning Ordinance, Article IIIrA, Section 100-30A.3 for
permission to modify area of proposed substandard lots (prior
Appeal No.
dwelling.
4100 rendered June 30, 1992), each with a preexisting
Location of Property: 1270 Fourth Street and 305
Page 3 - Notice of rings
Southold Town Board of Appeals
Regular Meeting of August 18, 1993
King Street, New Suffolk, NY; District 1000, Section 117, Block
7, Lot 008.
5 & 6. 7:50 p.m. Applications of JOHN E. ANDRESEN and others
as contract vendees (Current Owner: Thomas N. Anshutz, Jr.)
concerning premises known as 162'5 Main Road and Franklinville
Road West, Laurel, NY; District 1000, Section 127, Block 2, Lot
5.1 containing 59,984 sq. ft. in this R-80 Residential Zone
District for:
A)
B)
Appl. No. 4186 - Variance to the Zoning Ordinance,
Article III, Section 100-32, Bulk Schedule, for
permission to locate principal building'with a reduced
setback from the southerly (front) property line along
the Main Road (S.R. 25).; and
Appl. No. 4187'- Special Exception for permission to
establish use of proposed building for veterinarian
office and animal hospital use in accordance with
Article III, Section 100-30B(1) of the Zoning Ordinance.
7. 8:00 p.m. Appl. No. 4184 - CHARLES H. LEWIS for a
Variance as provided by New York Town Law, Section 280-A
requesting acceptance of minimum improvements within a private
]~age 4 - Notice of arings
Southold Town BoarcI of Appeals
Regular Meeting of August 18, 1993
right-of-way for safe and sufficient access by emergency, fire
and other vehicles to:
Lot No. 1, as modified, with its proposed access over a
right-of-way extending from'the westerly side of Lighthouse
Road, Southold, NY, over premises now or formerly
of Pantel, referred to as Parcel #1000-50-3-3.4,
and over premises now or formerly of Suffolk County,
known as Parcel #1000-50-3-3.1.
Lot No. 2, as modified, with its proposed access over a
right-of-way extending from the northerly side of Sound
View Avenue, Southold, NY, in a northerly direction over
premises now or formerly of Regan, Lindermayer, Stanley,
Kudinka and/or Garcia and Sileo, referred to as
P~cels #1000-50-3-16, 7, 8, 23, 9 and/or 19.1. The
property to which, this application is requested for access
and standards sufficient for emergency vehicles is shown as
Parcels #1000-50-3-14, 15, and 16 for a total combined area
of 2.2612 acres, and which is pending before the Southold
Town Planning Board for re-division into two lots.
The Board of Appeals will at said time and place hear any
and all persons or representatives desirinq to be heard in the
above matters. Written comments may also ~e submitted prior to
the Conclusion of the subject hearing. Each hearing will not
start before the times designated above. If you wish to review
'Page 5 - Notice of{~rings
Southold Town Board of Appeals
Regular Meeting of August 18, 1993
the files or need to.request more information, please call
765-1809 or visit our.office. '
Dated: August 2, 1993..
BY ORDER OF THE'SOUTHOLD
TOWN BOARD OF APPEALS
GERARD p. GOEHRINGER
CHAIRMAN
.By Linda Kowalski
x
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wil~on
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
NOTICE OF PUBLIC HEARINGS
SCOTTL. HARRIS
Supervisor
Town Hall, 53095 Main Road
I~0. 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, that the following
public hearings will be held by the SOUTHOLD TOWN BOARD OF
APPEALS, at the Southold Town Hall, 53095 Main Road, Southold,
New York 11971, on MONDAY, SEPTEMBER 20, 1993 commencing at
the times specified below:
1. 7:32 p.m. Appl. No. 4190 - JOHN AND MARIE S. SHACK for a
Variance to the Zoning Ordinance, Article XXIII, Section
100-239.4B for permission to construct deck addition within 75
feet of bulkhead at Pipes Cove, Greenport Shores. Property
Location: ' Shore Drive, Greenport, Greenport Shores Combined
Lot Nos. 16, 17 and p/o 15; County Tax Map Parcel
1000-47-2-26.1
in size and is
District.
(prev. 26). The subject premises is substandard
located in the R-40 Low-Density Residential Zone
2. 7:35 p.m. Appl. No. 4161 - BARBARA KUJAWSKI. Application
for a Special Exception for approval of an Accessory Apartment
in conjunction with the principal dwelling use and residency by
,'~Page 2 - Notice olearings
Southold Town Boaf~'of Appeals
Regular Meeting of September 20,
1993
the owner (owner occupancy) and subject to the provisions of
Article III, Section 100-31(14). Location of Property:
House #125 (per Town Records) at the north side of Sound Avenue,
which parcel commences at a point approximately 51 feet east of
the Riverhead-Southold Town Boundary Line, extending 195.18 feet
along Sound Avenue, Mattituck, NY; County Tax Map Parcel No.
1000-120-1-2.2. This property consists of an area of 40,241 sq.
ft. and is located in the Agricultural-Conservation (A-C) Zone
District.
3~ 7:50 p.m. Appl. No. 4184 - CHARLES H. LEWIS (carryover
from the August 18, 1993 hearings calendar). Application
requesting a Variance as provided by New York Town Law, Section
280-A requesting standards of minimum improvement to the
traveled bases of two separate (private) rights-of-way for safe
and sufficient access bY emergency, fire and other vehicles
located as described below:
Access to Lot No. 1, as modified, with its proposed access
over a right-of-way extending from the westerly side of
Lighthouse Road, Southold~ NY, over premises now or.
formerly of Pantel, referred to as Parcel #1000-50-3-3.4,
and over Dremises now or formerly of Suffolk County,
known as Parcel ~1000-50-3-3.1.
'~age 3 - Notice of~arings
Southold Town Boar~of Appeals
Regular Meeting of September 20,
1993
Access to Lot No. 2, as modified, with its proposed access
over a right-of-way extending from the northerly side of
Sound View Avenue, Southold, NY, in a northerly direction
over lands now or formerly of Regan, Lindermayer, Stanley,
Kudinka and/or Garcia and Sileo, referred to as Parcels
#1000-50-3-16, 7, 8, 23, 9 and/or 19.1. The subject lot
requiring Section 280-A approval is shown as new
subdivision Lot No. 2 as modified and further identified as
County Tax Map Nos. 1000-50-3-14, 15, and 16 for a total
~ combined area of 2.2612 acres, and which is pending before
the Southold Town Planning Board for re-division into two
lots.
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. If you wish to review
the files or need to request more information, please call
.765-1809 or. visit our office.
Dated: September 7, 1993. BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
X
FORM NO..3
TOWN OF SOUTIiOLD
BUILDIING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTIIOLD, N.Y.
NOTICE OF DISAPPROVAL
Date .. MAY 26 ' 19 93
To . ~ Befter & Angel, Attys - a<c CHAS. LL~IS
Box 279 - Ma£n Road
Riverhead, N.Y. 11901
PLEASE TAKE NOTICE that your application dated .. ~.. PFYP~3. )Pt .......... , !9 -? ! ..
~rpermit to DEVELOPE MINOR SUB-DIVISION OF CHARLES LEWIS
Lo~ation of Property LIGHTHOUSE.ROAD. SOul,OLD, N.Y.
House No. S~e~ ............................
County Tax Map No. I000 Section 050 Block 03 14, 15 &t-t~ler
.............. · · - · · ......... Lot ..............
Subdivision CHAS. I.E~IS
................. Filed Map No. Lot No.
is returned lzerewith and disapproved on the ~llowing grounds....Ll~.q .AL. ~ .(~.I~...L~. ~. ~.
. RE~IRED. ACCESS IS OUTSIDE O~ SUB-DIVISION SO APPROVAL MUST BE OBTAINED
BY ZONING BOARD OF APPEALS.
,./3u~_ft~d±ng Inspacnor .... THOMAS J. FISHER
1/80
JUL B
TOWH OF SOUTHOLD0 HEW Y~RUIIL~IOId Town Clerk
APPE.AL FROM DECISION OF BUILDING INSPECTOR APPEALNO' q ~7C//
DATE ... ,7./. 2..3./..9, .3. ............
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, (~ Charles H...L..~,~:~.8. ............................. of ...~/..Q...E..s..s..e..k..s..¢...H..e..f..t..9.r....~.~X~Le~.---1..0--8-.-~%~-~-Main Street
............. l~'~;"~f Appellant Street ond Number
Riverhead ................................................ ~..e..w...Y..°.K~ ......... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPF-~LS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ...... .(..U..q.~..n..o..~..n.) .............. DATED ...... .~..a.~....2.~.:...];.9..9..3. ........................
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
(x)
Charles H. Lewis
Name of Applicant for permit
of
. ...S...a~...e.....a.d..~..r..e...s..s....a..s....a..b.9..v..e. ..................................................................................
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
PERMIT TO DEVELOP SUBJECT PROPERTY AS .MINOR SUBDIVISION
1. LOCATION OF THE PROPERTY ....W,.e..s.,t....°..f....L-i. 9-h-t-.h--°-u--s-.~..-R--q-~Z..fig~b~Z..~:-¢0 ....................
Street /Hamlet / Use District on Zoning Mop
District 1000 Section 050Block03 Lots 14
............... ................... ~u~cu~ u,,,~, Charles H. Lewis
'~'~p No. 'Lot No. Prior Owner (see Deeds)
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph o~ the Zoning Ordinance by number. Do not quote the Ordinance.)
Article Section N.A.
3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box)
( ) A VARIANCE to the Zoning Ordinance or Zoning Mop
(X) A VARIANCE due to lack of access (State of New York Town Law Chap. 6:2 Cons. Lows
Art. 16 Sec. 280A Subsection 3
()
4. PREVIOUS APPEAL A previous appeal ~ (has not) been made with respect to this decision
Of the Building Inspector or with respect to this.property, to applicant'.s knowledge,.
' Such appeal was ( ) request for a special permit
[ ) request for a variance
and was mode in Appea! No ................. : ............... Doted .................. t .......... , ........................................
REASON FOR APPEAL
(X) A Variance to Section 2BOA Subsection 3 '
( ) A Variance to the Zoning Ordinance
( )'
iS requested ~or the reason that applicant is seeking approval from 'the. Southold Town
Planning Board to subdivide the Subject property into two (2) parcels, as shown
on the map s~bmitted with this application, and the Planning Board will not grant
' approval to the subdivision before the applied--for variance is granted by the
Zoning Board of Appeals.
- F0~a ZB!
(Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
saw HARDSHIP because (a) applicant will not be able to subdivide the subject property
without the variance requested, and (b) applicant's proposed subdivision will not
increase or change the historical use of the subject property, which was for two
houses, the access to which was over two deeded rights-of-way from Lighthouse Road
and SoundViewAvenue, as shown on the subdivision map submitted with this application.
vicinity of this property and in this use district ·because
N.A. (area variance sought)
The hardship created is UNIQUE and is not shared by all properties alike in the immediate
3. The Variance would bbserve the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DIbIKICT because access t9 the subject property has historically
been'over the two righ%s-of-way i~'question, pursuan~ to deeds ~uly r~corded in
the Office of the Suffolk County Clerk.
STATE OF NEW YORK
COUNTY OF SUFFOLK
gner, ;~nat~U~o~' Applicant
23rd .......... day of ............... 'July, 19 93'
Sworn to this ............................. · .......................................
· Notary Public
(~am/F.~kee Oe~ 3t. Igg4
TOWN OF SOUTHOLD PROPERTY RECORD CARD ~_. ,/~. ~.
O~GI~ER STREET --/~ ,' ~ VILLAGE DIST SUB. LOT
' S' ~ ' ~PE ~ BUILDING
~ND IMP. TOT~ DATE R~RKS
AGE BUILDING CONDITION
N~ NOeL BELOW ABOVE
FA~ Acre Volue Per Value ~
Acre
Tillable FRONTAGE ON WATER
W~I.~ FRONTAGE ON ROAD
M~d~l~d DEPTH
H~ PI~ BULKH~D
Toml D~K
/b co- ~-~--/.9 TOWN OF SOUTHOLD PROPERTY RECORD CARD
OWNER STRE~ .'Zq"_ -,.,7"~ V,LU',GE D,S~. suB. LOT
,,~,,, ,'. /~ / ~PE/~OE BUILDING .
S ,.~ ; / W,
RES. S),/)~O VL. FARM CO~. CB. MICS. Mkt. Velue
~ND IMP. TOTAL DATE RE~RKS
N~ Ng~L BELOW ABOVE
FA~ Acre Value Per Value
Ac re
~lloble FRONTAGE ON WATER
W~Io~ FRONTAGE ON' ROAD
M~d~ DE~H
H~ Pl~ BULKH~D
Total
Bldg.
Extension
Extension
7~ z/
Extension
Porch
Porch
Breezeway
Garage
Patio
Total
Foundation
'Basement
Ext. Walls
Fire Place
l'ype Roof
Recreatio~ Room
Ill:, '
Bath
Floors
Interior Finish
Heat
Rooms 1st Floor
Rooms 2nd Floor
Driveway
·
.' TOWN OF SOUTHOLD PROPERTY RECORD CARD
OWNER STREet') OJ-7/,~ VILLAGE DIST SUB. LOT
(~FORMER~O~NEI~ N /
RES. S~S. 'J VL._ ~// FARM CO~. CB. MICS. Mkt. Valu~ '
' ~ND ..IMP. TOTAl- DATE R~RKS
AGE BUILDING CONDITION
N~ NOeL BELOW ABOVE
FA~ Acre Value Per V~lue
Acre
Tilloble FRONTAGE ON WATER
W~l=nd FRONTAGE ON ROAD "
M~ DEPTH
~ PIm BULKH~D
Total D~K
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
October 5, 1994
Mr. W. Scott Simmons
710 West End Avenue, #6A
New York, NY 10025
Re: Your Fax Transmission of Letter dated October 4, 1994
Dear Mr. Simmons:
Upon receiving your fax transmission today, I thought it best to
respond in order to clarify our discussion.
When you called last week, you inquired as to what conditional
apprqval there is of record with the office of the Board of Appeals
pertaining to the above premises. As a courtesy, we immediately
sent a copy of the Board's decision rendered under Appeal No. 4154
for approval of access, which is also relevant to aH lots having
access over these rights-of-way as well as to the Charles Lewis' lots
which were, or still are, pending a re-subdivision from three lots to
two lots with the Planning Board.
When you inquired as to whether or not building activities were
permitted, I referred you to the Building Department. When you
inquired as to the status of the subdivision, I referred you to
MeHssa of the Planning Board office. I also mentioned that the
assessment records presently show Charles Lewis as the current
owner, and if the property was conveyed recently, it could be
several months before the Town receives notice. You then informed
us that you knew the property was recently sold to a new owner,
and that you had discussed the conditions of the 280-A access
approval with the new owner.
You may wish to inform all of the property owners on these
rights-of-way as to the requirements of New York Town Law, Section
280-A. Not only will Mr. Lewis' lots be subject at some point in
time to completing these improvements, but also other lot owners who
may wish to build in the future. New York Town Law, Section
280-A, does not become enforceable, I understand, until a property
owner applies for a new subdivision or building permit to
construct. Please furnish us with the new owner's name and mailing
address We will ask the appropriate office to investigate
your concerns and take appropriate action.
10-05-1994 08:35AM FROM CAZENOUEINCORPORATED 15167651823 P.02
MS. 5in~a Kowalski
Town of! $outhold - Boar~ of Appea
Town Hail, 53095 Main Road
P.O. Roi 1179
Southol~, NY 11971
Dear Ms!. Kowalski,
Pursuant to my recent convers
'I am w~itin~ to again inquire ~
recent [activity - i.e., new c¢
clearing of trees at ~he proper
· As you' may recall, I iliv~ at
Soundviaw Avenue, neari Horton P
directly west of mine, which was p
Lewis, was purchased by a new owne
As stated above, the new owner has
at his property, the permissibili
It is my understanding that M
approval to divide his 2.2612 act
directly adjacent to Borton Po
accesse~ by a westerly right-of-w
acce6se~ by the easterly right-of.
Road. ~owever, it is a~so my und~
of Appeals Decision sta~ed in a
September 30, 1993, thati"before
on either lot", Mr. Lewis or any
.make improvements to bo~h the wes~
It was: also my understanding a~
property that each of the two 10t
'separate right-of-way (and not by
that Mr!. Lewis had agreed to move
the west as it runs tOO close
guidelines and interferes with tk
and tha~ Mr. Lewis ha~ a~reed to
proper~y, most of which!are in a
Since purchasing the propert~
cutting down trees and busily
repair!work. In speaking to hi
indicated that he is planning to
the lighthouse and to access both
way and an extended dr%veway wht
present. He did not ~ppear to
making! improvements tb both
construction. He further dismi~
damagelto the wetlands Qn the pro~
activities.
October 4, 199~
ion with you on September 26th~
~out the permissibility of the
istruction, refurbishment, and
y adjacent to mine in Southold.
~74 Lighthouse Road, north of
~nt Lighthouse. The property
~viously owned by Mr.' Charles H.
on or about September 2~, 1994.
ndertaken considerable activity
of which I am questioning.
Lewis had obtained conditional
lot into two lots, a front lot
~t Lighthouse (Lot ~$2) to be
; and a back lot (Lot ~i) to be
lay which connects toL~ghthouse
standing from reading the Board
~ter to Mr. Lewis's ~t~orney on
~en¢ing construction activities
~ew owner would be required to
rly and easterly rights-of-way.
the time that I purchased my
would be accessed by their own
ust the easterly right-of-way);
%e:driveway to Lot $1 further to
) .my property line under Town
LiLCO power lines in the area;
~ove ~everal of the sheds on the
rious state of disrepair.
the new owner has been actively
gaged in new construction and
briefly on September 25th, he
uitd a new house on Lot #2 near
)ts from the easterly right-of-
he appears to be building at
aware of the requirement for
hts-of-way before commcncin~
~d the extent of the possible
rty from his present.and planned
10-05-1994 08:35AM FROM CAZENOUEINCORPORATED 15167651823 P.03
Ms. Linda Kowalski
Page TWO
I ~ould greatly appreciate
my understanding of this situati¢
If my U~derstanding is Correct,
notifying the new owner of th.
obligations to comply 9ith the
1993, Before, during, ! and aft
reiterSte, these obligations, as
if you would confirm to me that
as expressed above Ss correct.
~ould similarly appreciate your
property in question of his
wn's Decision of September 30,
any new construction. To
understand them, include:
1)! improvements to both the
: way;
2)I maintaining a separate ac
i both the easterly and w~sterly rights-of-way~
3)i movement further west of ~he' driveway to Lot
4)! removal of several 'of thetlshsds on the property.
T~ank you for your attention to this matter and
materi~ls which you sent to me. ~est regards.
· sterly and westerly rights-of-
-~ss to each of the two lots via
and
for the
Sincerely,
W. Scot~ Simmons
710 West End Ave., #6A
New York, ~ i0025
212-74~-0894 (W)
212-749-2623 (~)
TOTAL P. 83
Page 2 - October 5, 1994
To: W. Scott Simmons
Re: Your Fax Letter dated October 4, 1994
In the meantime, I have passed your concerns about possible
activities at the site with Diane of the Town Trustees' Office, and
have forwarded to her a copy of this letter, as well as to the
Building Department. For your convenience, their office telephone
numbers are 765-1892 (Trustees) and 765-1802 (Building
Department).
It is suggested that you please address future correspondence
directly to the Building Inspector as the enforcing officer, as that
is the appropriate Department to assist you concerning inquiries on
"permits" or "activities."
· Very truly yours,
Linda Kowalski
cc: Building Department
Town Trustees (Attn: Diane)
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
BOARD OF APPEALS
TOWN OFSOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
CONFIDENTIAL MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Building Department, Attn: Thomas Fisher
Office of the Board of Appe~ ~
October 6, 1994
1000-50-3-16, 14, 15 at Southold (Owner of record: C. Lewis)
Letter from Adjacent Owner
Please find attached a copy of communications received yesterday from
W. Scott Simmons who is informing the Town that it is his observation that
activities are being conducted at the site.
From reviewing a previous file processed by our office, we would like to
notify you in order that you may research the status of any pending permits
A survey last revised July 26, 1993 which was on file with our office is
enclosed for your convenience and reference.
It is hopeful that you would be able to evaluate the concerns raised by
Mr. Simmons, and notify him as well as the owner if there is reason for
concern. His mailing address is:
Mr. W. Scott Simmons
710 West End Avenue, #6A
New York, NY 10025
1-212-747-0894 (w)
1-212-749-2623 (h)
Thank you.
Attachments (correspondence)
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilt6n
BOARD OF APPEALS
TOWN OFSOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
CONFIDENTIAL MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Office of the Town Trustees
Office of the Board of Appea~/~
October 6, 1994
1000-50-3-16, 14, 15 at Southold
Letter from Adjacent Owner
(Owner of record: C. Lewis)
Please find attached a copy of communications received yesterday from
W. Scott Simmons who is informing the Town that it is his observation that
activities are being conducted at the site.
From reviewing a previous file processed by our office, we would like to
notify you in order that you may research the status of any pending permits
(under the wetlands ordinance). The survey last revised July 26, 1993 on
file with our office is enclosed for your review. You will note that there
is a buffer area near the wetlands which was to be established under the
pending subdivision application with the Planning Board and it is not known
what type of activities are being performed.
It is hopeful that you wonid be able to evaluate the concerns raised by
Mr. Simmons, and notify him as well as the owner if there is reason for
concern. His m~iling address is:
Mr. W. Scott Simmons
710 West End Avenue, #6A
New York, NY 10025
1-212-747-0894 (w)
1-212-749-2623 (h)
The questions pertnining the rights-of-way and necessary compilance has
been responded to separately.
Thank you.
Attachments (correspondence)
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jn
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
September
30, 1993
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
PO. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
John M. Wagner, Esq.
108 East Main Street
Riverhead, NY 11901-0279
Re: Appl. No. 4184 - Charles'H. Lewis (280-A)
Dear Mr. Wagner:
Enclosed please find a copy of the findings and
determination, with conditions, rendered by the Board of Appeals
concerning the above-noted variance application.
Please notify our office in writing as to the date of
completion and extent of improvements within the right-of-way in
order that arrangements may be made for acceptance. Also,
please be sure to return to the Building Inspector, Planning
Board, and any other agency which may have jurisdiction for
issuance of final permits and approvals before commencing
construction activities on either lot.
We have furnished copies of this approval to the Building
Department and Planning Board offices for their update and
permanent recordkeeping.
Very truly yours,
Linda Kowalski
Enclosure
Copies of Decision to: Building Department
Southold Town Planning Board
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
BOARD OF APPEALS
TOWN OFSOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
MEMORANDUM
TO:
FROM:
DATE:
Rg:
Don Dzenkowski, Bay Constable
Office of the Board of Appeals
October 24, 1994
Written Correspondence/Concerns from W. Scott Simmons
Lots 1000-50-3-14, 15 & 16 at Southold (C. Lewis)
We attach a copy of a report of environmental review which
apparently notes some wetland found and flagged. This report was
prepared by Bruce Anderson for the Town Trustees probably under a
subdivision coordination request from the Planning Board in 1991.
You may wish to refer to the Town Trustees' fries pertaining to the
above-noted lot numbers to determine the location of wetlands and
extent of concern, if any, and other information resulting from
inspections at that time.
We enclose a copy of the County Tax Map highlighting the lot and the
right-of-way which you will need to take for access to the lot and
existing buildings.
Thank you.
cc: Office of the Town Trustees
~ April 17, 1991
Re: Environmental Review - Subdivision
Charles Lewis
Situate n/o Sound View Ave ~
w/o Lighthouse Road
SCTM # 1000-50-3-14,15,16
Subject parcel contains 2.2612 acres and is located in
an R-40 zoning district. The applicant proposes to
subdivide the parcel into two lots. On the survey prepared
by Peconic Surveyors dated November 20, 1989, proposed lot
#1 contains 1.2005 acres. Proposed lot #2 contains 1.0607
acres. Proposed lot #1 contains wetlands. Lot #2 is
comprised entirely of upland vegetative communities.
The wetland found on proposed lot #1 is generally
characterized as a buttonbush swamp loosestrife wetland.
The size and shape of the wetlands found on site appear to
accurately reflect the existing wetlands. The wetland
system is actually split by the previous construction of the
gravel unimproved road used to access the site. Wetlands
are similar in nature west of the gravel road but appear to
be much larger than those found on subject parcel. Wetlands
on subject parcel were flagged during the field inspection
of April 14, 1991.
Soils underlying the wetland are quite mucky and the
wetland is regarded as having been formed as a result of the
soils. Perched above the water table, this wetland collects
standing water as a result of overland runoff. The Standing
water, present during the time of field inspections may
disappear during periods of extended drought. However, it
appears that standing water has sustained itself for most if
not all of this year as evidenced by the presence of
submerged aquatic vegetation.
The uplands are generally wooded and Contain two
dilapidated buildings, eight sheds also in dilapidated
condition and the remains of an old foundation. In and
around these structures, the land has been most recently
disturbed. The woodlands are characterized as early
successional. The presence of mature black locust which
dominate the woodlands area are typically COnsidered
indicators of disturbed lands. However, a rather lush
understory has become established throughout the
upland/woodland areas.
shrub
The following species were identified within the
wetlands area:
Buttonbush
Swamp loosestrife
Common greenbrier
Cat brier
Black tupelo
Water milfoil
Slender spikerush
Highbush blueberry
Dead decaying trees
Cephalanthus occidentalis
Decodon vertillatus
Smilax rotundifolia
Smilax glauca
Nyssa sylvatica
Myrophyllum sFp'
Eleocharis spp.
Vaccinium corymbossum
The following species were observed in the uplands
portion of the site:
Black locust
White oak
Grey birch
Flowering dogwood
Pignut hickory
Red cedar
White Cedar
Red raspberry
Black raspberry
Blackberry
Common elderberry
Scotch broom
Green brier
Cat brier
Cross vine
Virginia creeper
Poison ivy
Recommendations:
Robinia psuedo-acacia
Quercus alba
Betula populifolia
Comus florida
Carya glabra
Juniperus virginiana
Thuja occidentalis
Rhubus idaeus
Rhubus occidentalis
Rhubus allegheniensis
Sambucus canadensis
Cystis scoparius
Smilax rotundifolia
Smilax glauca
Bignonia capreolata
Parthenocissus quinquifolia
Rhus radicans
1- The wetlands as shown on the survey prepared by
Peconic Associates appears to adequately portray the size
and shape of the existing wetlands on site. These wetlands
have been flagged. The Trustees may wish to have the
~agged wetland boundary placed upon the survey. However,
is unlikely that such a formal wetland delineation will
have any effect upon the subdivision yield of the property.
2- The exlst~n~^ the exlstlng.~A~,' 75 feet from t
_. _~o exteno ~v L^ ~n~rox%mat~7 by
the wetia~o ~oles to ~= disturbed
This distance ~ which has been
abo e be more
freshwater wetlands . ub~ect dwellings· a
· d aroUnd s ~ ds there Pw. ·
clearing in an ~ the wetlan ~ =-ture housing
existing setback tl%mfurther east ol iooioal and
than sufficient ro,~,.~ ~ ~herefore se=,,,
%t wOUi~
· · to be located not closer
~==truction = ..... ~e dwellzng ~d that a building
.... ~ble for any tu~]~ It is rec°mmenu=-~sed subdiVision
reaso~,o o wetlanos- . ..... of the propo ~ ~reshwater
than 75 fleet t ^~ on the surv=~ ~ ~met from t~,e
~nvelop be loca~]~ of at least -~ ~-
~eflect~ng a seno=~
wetlands, is r commended that lands within 75 feet of the
3- It retained in their natural condition'
wetlands be
f the dwelling on.
_~ _edevelopment o ~^ ~revent erosZO~_._
~_~ ~robab~e ~ ~A+ed as
-^sed lot ~1 snOU~ --ithin 75 feet o~]~ed by the use
prOpo ~ .atural areaS ~y ~11v accOmp~=~ ~ the
into t~e T _ e~hni~ue is usua ~ s
preventatZV~ .... dm end and firmly taked into
of haybal~%eP~%%~e%% %~ wish to make such a
ground.
recommendation'
N
S
LON~
KEY MAP
Scale I" = 800~
isLAND
SOUND
APPEALS BOARD MEMBERS
Gerard R Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wil~on
Telephone (516) 765-1809
BOARD OF APPF~J_~
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
September 30, 1993
John M. Wagner, Esq.
108 East Main Street
Riverhead, NY 11901-0279
Re: Appl. No. 4184 - Charles H. Lewis (280-A)
Dear Mr. Wagner:
Enclosed please find a copy of the findings and
determination, with conditions, rendered by the Board of Appeals
concerning the above-noted variance application.
Please notify our office in writing as to the date of
completion and extent of improvements within the right-of-way in
order that arrangements may be made for acceptance. Also,
please be sure to return to the Building Inspector, Planning
Board, and any other agency which may have jurisdiction for
issuance of final permits and approvals before commencing
construction activities on either lot.
We have furnished copies of this approval to the Building
Department and Planning Board offices for their update and
permanent recordkeeping.
Very truly yours,
Linda Kowalski
Enclosure
Copies of Decision to: Building Department
Southold Town Planning Board
APPEALS BOARD MEMBERS
Gerard R Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
Appl. No. 4184.
BOARD OF APPEALS
TOWN OF SOUTHOLD
ACTION OF THE BOARD OF APPEALS
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
Upon Application of CHARLES H. LEWIS - Variance as
provided by New York Town Law, Section 280-A requesting
standards of minimum improvement to the traveled bases of two
separate (private) rights-of-way for safe and sufficient access
by emergency, fire and other vehicles located as described below:
Access to Lot No. 1, as modified, with its proposed access
over a right-of-way extending from the westerly side of
Lighthouse Road, Southold, NY, over premises now or
formerly of Pantel, referred to as Parcel #1000-50-3-3.4,
and over premises now or formerly of Suffolk County,
known as Parcel #1000-50-3-3.1.
Access to Lot No. 2, as modified, with its proposed access
over a right-of-way extending from the northerly side of
Sound View Avenue, Southold, NY, in a northerly direction
over lands now or formerly of Regan, Lindermayer, Stanley,
Kudinka and/or Garcia and Sileo, referred to as Parcels
#1000-50-3-16, 7, 8, 23, 9 and/or 19.1. The subject lot
requiring Section 280-A approval is shown as new
subdivision Lot No. 2 as modified and further identified as
County Tax Map Nos. 1000-50-3-14, 15, and 16 for a total
combined area of 2.2612 acres, and which is pending before
the Southold Town Planning Board for re-division into two
lots.
WHEREAS, a public hearing was held on August 18, 1993 and
September 20, 1993, at which time those who desired to be heard
were heard and their testimony recorded (see transcript prepared
under separate cover); 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
' 'Pa~e '2 - Appl. N~ 184
Matter of CHARLES L~WIS (280-A)
Decision Rendered September 20,
1993
WHEREAS, the Board made the following findings of fact:
1. RELIEF REQUESTED. There are two separate easement
areas over which the applicant is requesting two separate access
routes. The first right-of-way (referred herein as ROW No. I)
is shown on the map prepared by Peconic Surveyors, P.C. revised
August 17, 1993 as the "westerly 30-ft. wide right-of-way"
extending from a point along the northerly side of Soundview
Avenue, North 42 degrees 5 minutes 23 seconds West 623.46+-
feet, to proposed Lot No. 2 {as re-divided in this change of lot
lines}. The second right-of-way (referred herein as ROW No.
II) is shown as the "easterly 25-ft. wide right-of-way"
extending from a point 654.52 feet north of the intersection of
Soundview Avenue and Lightnouse Road, running along the westerly
side of Lighthouse Road South 55 degrees 02 minutes 20 seconds
West 201.85 feet, thence North 41 degrees 4 minutes 10 seconds
West 72.68 feet, thence South 48 degrees 00 minutes 00 seconds
West 158.35 feet to the southerly property line of proposed Lot
No. 1 {as re-divided}. The owner of proposed Lots No. 1 and
No. 2 does not own title to the lands over which this access
route is shown. Sufficient notice to the owners of said lands
has been furnished for the record. The attorney for the
applicant has assured the Board that the rights-of-way as shown
are not in dispute and the easements are deeded to the applicant
and his predecessors in title.
2. PRESENT CONDITION OF RIGHT-OF-WAY. The condition of
the base of both rights-of-way are in fair condition, and is
further noted below:
a) ROW No. I is shown at a full easement width of
thirty (30) feet, and a traveled stone roadway approximately ten
(10) feet in width;
b) ROW No. II is shown at a full easement width of
feet,.and a traveled dirt roadway width varying from 8 to 10
feet.
25
The base of each right-of-way is in need of improvement, and the
traveled portions should be widened to 12 feet and have at least
a 15 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,
'~age. 3 - Appl. ~ 4184
Matter of CHARLE~ ~EWIS (280-A)
becision Rendered September 20,
1993
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 Chairman Goehringer, seconded by
Member Wilton, it was
RESOLVED, to ADOPT the following standards of improvements,
and conditions, in this application for relief under the
provisions of New York Town Law, Section 280-A:
1. The entire length and base of both rights-of-way (I &
II) be improved a minimum of 12 feet in width, and have an
unobstructed clearance at 15 feet in width within the easement
areas; also, driveway areas must have an unobstructed clearance
between 12 and 15 feet in width;
2. Straightening of the turn within ROW (best possible);
3. Since approvat is requested over both rights-of-way,
all potholes must be filled with bank run (20% content) for the
entire length of both rights-of-way, as well as placement of 2"
of compacted stone blend for a full width of 12 feet and entire
length, {and scarified where necessary};
4. Both rights-of-way must be kept in good condition at
all times, and continuously maintained. In the event this
right-of-way is found in poor condition, the Town may take
whatever action is necessary -- including the reopening of this
application, after due notice and public hearing, and/or require
new applications for this and/or other properties in the area
utilizing these same rights-of-way as their only legal access
routes; and
"PAge. 4 - Appl. 5 184
Matter of CHARLES *.EWIS (280-A)
Decision Rendered September 20, 1993
5. A description of the improvements to the rights-of-way,
after completed, shall be sent in writing to the office of the
Board of Appeals, before acceptance is made by the Chairman or
his authorized representative. It shall be the authority of
the Chairman (or alternate Board Member) to accept or reject the
improvements made, or require other modification for further
improvement or better maneuverability within the easement area.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Dinizio, Villa and Wilton. This resolution was duly adopted.
lk
~.' GERARD P. 8OEHR~NGER/CHAIRMAN
/
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wiltbn
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
CONFIDENTIAL MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Office of the Town Trustees
Office of the Board of Appea~/F'~
/
October 6, 1994
1000-50-3-16, 14, 15 at Southold
Letter from Adjacent Owner
(Owner Of record:
C. Lewis)
Please find attached a copy of communications received yesterday from
W. Scott Simmons who ia informing the Town that it is his observation that
activities are being conducted at the site.
From reviewing a previous file processed by our office, we would like to
notify you in order that you may research the status of any pending permits
(under the wetlands ordinance). The survey last revised July 26, 1993 on
file with our office is enclosed for your review. You will note that there
is a buffer area near the wetlands which was to be established under the
pending subdivision application with the Planning Board and it is not known
what type of activities are being performed.
It is hopeful that you would be able to evaluate the concerns raised by
Mr. Simmons, and notify him as well as the owner if there is reason for
concern. His mailing address is:
Mr. W. Scott Simmons
710 West End Avenue, #6A
New York, NY 10025
1-212-747-0894 (w)
1-212-749-2623 (h)
The questions pertaining the rights-of-way and necessary compliance has
been responded to separately.
Thank you.
Attachments (correspondence)
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
BOARD DF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
CONFIDENTIAL MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Building Department, Attn: Thomas Fisher
Office of the Board of Appea~
October 6, 1994
1000-50-3-16, 14, 15 at Southold (Owner of record: C. Lewis)
Letter from Adjacent Owner
Please find attached a copy of communications received yesterday from
W. Scott Simmons who is informing the Town that it is his observation that
activities are being conducted at the site.
From reviewing a previous file processed by our office, we would like to
notify you in order that you may research the status of any pending permits
A survey last revised July 26, 1993 which was on file with our office is
enclosed for your convenience and reference.
It is hopeful that you would be able to evaluate the concerns raised by
Mr. Simmons, and notify him as well as the owner ff there is reason for
concern. His mailing address is:
Mr. W. Scott Simmons
710 West End Avenue, #6A
New York, NY 10025
1-212-747-0894 (w)
1-212-749-2623 (h)
Thank you.
Attachments (correspondence)
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
CONFIDENTIAL MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Building Department, Attn: Thomas Fisher
Office of the Board of Appea~
October 6, 1994
1000-50-3-16, 14, 15 at Southold (Owner of record: C. Lewis)
Letter from Adjacent Owner
Please find attached a copy of communications received yesterday from
W. Scott Simmons who is informing the Town that it is his observation that
activities are being conducted at the site.
From reviewing a previous file processed by our office, we would like to
notify you in order that you may research the status of any pending permits
A survey last revised July 26, 1993 which was on file with our office is
enclosed for your convenience and reference.
It is hopeful that you would be able to evaluate the concerns raised by
Mr. Simmons, and notify him as well as the owner ff there is reason for
concern. His mailing address is:
Mr. W. Scott Simmons
710 West End Avenue, #6A
New York, NY 10025
1-212-747-0894 (w)
1-212-749-2623 (h)
Thank you.
Attactunents (correspondence)
10-0S-1994 08:34RM
FROM CAZENOUEINCORPORATED
From:
CAZENOVE
' INCORY )RATED
N.Y.
15167651823 P.01
pLE4X~ NOTI~ tY$ tMMI~DIAIZ~LY IF
*** OIIR FAX E~UIPMBNT 15 S~T ~
~I DO NOT RECEIVB ~ THB PACzB5
~ECEIVIg AUTOMATIC3t.t~Y "*
18-85-1994 08:35AM FROM CAZENOUEINCORPORATED 15167651823 P.02
Ms. Linde Kowalski
Town of! Southold - Board of Appeal
Town Hail, $309~ Main Road
P.O. Bo~ 1.179
Southol~, l~f 11971
Dear Ms!. Kowalski,
Pursuant to my recent convers
I am writing to again inquire ~
recent ~activity - i.e., new c~
clearin~ of trees - at ~he proper
As you' may recall, I ilive at
Soundvimw AvEnue, near! Horton P
directlY west of mine, which was p
Lewis, Was purchased by a new owne
As stated above, the new owner has
at his property, the permissibili
It. is my understanding that M
approvai to divide his 2.2612 act
directl~ adjacent to Horton Pol
accessed by a westerly right-of-w
accesse~ by the easterly right-of-
Road. However, it is also my unde
of Appeials Decision stated in a 1
September 30, 1993, that."before c(
on either lot", Mr. Lewis or any
make improvements to bo~h the west
It was. also my understanding at
property that each of the two lot
'separate right-of-way (and not by
October 4, 199~
ion with you on September 26th%
out the permissibility of the
.struction, refurbishment, and
! adjacent to mine in Southold.
i74 Lighthouse Road, north of
[nt Lighthouse. The property
~viously owned by Mr.' Charles H:
on or about September 23, 1994.
ndertaken considerable activity
of which I am questioning.
Lewis had obtained conditional
lot into two lots, a front lot
%t Lighthouse (Lot '~2) to be
y and a back lot (Lot ~1) to be
~ay which connects to.Lighthouse
'standing from reading the Board
tter to Mr. Lewis's.atKorney on
~mencing construction activities
new owner would be required to
:rly and easterly rights-of-way.
the time that I purchased my
would be accessed by their own
ust the easterly right-of-way);
~hat Mrs. Lewis had agree~ te mere he:driveway to Lot #1 further to
th? we~t as it runs too close 74o .my property line under Town
guidelines and i~terferes with tb~ L~LCO power lines in the area;
and tha~ Mr. Lew~s ha~ agreed to r~mo~e several of the sheds on the
proper~y, most of which! are in a l~erzou- state of disrepair.
Since purchasmng the propert~ the new owner has been actively
cutting down trees and busily ~ .gaged in new construction and
repair ~work. In speaking to hi briefly on September 25th,
indicated that he is planning to
the lighthouse and to access both
way and an extended driveway wh]
present. He did not a~pear to
makingl improvements tO both ~
construction. He further dismi,
damagelto the wetlands ~n the pro~
activities.
he
uild a new house on Lot #2 near
.ors from the easterly right-of-
he appea~s to be building at
aware of the requirement for
hts-of-way before commencin~
~d the extent of the possible
rty from his present and planned
10-05-1994 08:35AM FROM CAZENOUEINCORPORRTED 15167651823 P.03
Ms. Linda Kowalski
Page TWO
I ~ould greatly appreciate i'
my und~.rstanding of thiS situatic
If my 'understanding is Correct, I
notifying the new owner of th~
obligations to comply With the ~
1993, Before, during, ! and aft~
reiterate, these'obligations, as
1)! improvements to'both the
2)i maintaining a separate ac
i both the easterly and w
3)i movement furthe~ west of
4)! removal of several of the
THank you for your attenti
materials which you sent to me.
if you would confirm to me that
as expressed above is correct.
would similarly appreciate your
property in question of his
wn's Decision of SePtember 30,
~ any new construction. To
understand them, include:
asterly and westerly rights-of-
sss to each of the two lots via
st~rly rights-of-way~
he'driveway to Lot ~.1; and
sh~ds on the property.
~ to this matte~ a~d for the
· st regards.
Sincerely,
W. Scott Simmons
710 West End Ave., #6A
New York, NY ~0025
212-747-0894 (W)
212-749-2623 (H)
TOTAL P. 03
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
BOARD OF APPEALS
TOWN OFSOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
October 5, 1994
Mr. W. Scott Simmons
710 West End Avenue, #6A
New York, NY 10025
Re: Your Fax Transmission of Letter dated October 4, 1994
Dear Mr. Simmons:
Upon receiving your fax transmission today, I thought it best to
respond in order to clarify our discussion.
When you celled last week, you inquired as to what conditional
approval there is of record with the office of the Board of Appeals
pertaining to the above premises. As a courtesy, we immediately
sent a copy of the Board's decision rendered under Appeal No. 4154
for approval of access, which is also relevant to ali lots having
access over these rights-of-way as well as to the Charles Lewis' lots
which were, or still are, pending a re-subdivision from three lots to
two lots with the Planning Beard.
When you inquired as to whether or not building activities were
permitted, I referred you to the Building Department. When you
inquired as to the status of the subdivision, I referred you to
Melissa of the Planning Board office. I also mentioned that the
assessment records presently show Charles Lewis as the current
owner, and if the property was conveyed recently, it could be
several months before the Town receives notice. You then informed
us that you knew the property was recently sold to a new owner,
and that you had discussed the conditions of the 280-A access
approval with the new owner.
You may wish to inform ali of the property owners on these
rights-of-way as to the requirements of New York Town Law, Section
280-A. Not only will Mr. Lewis' lots be subject at some point in
time to completing these improvements, but also other lot owners who
may wish to build in the future. New York Town Law, Section
280-A, does not become enforceable, I understand, until a property
owner applies for a new subdivision or building permit to
construct. Please furnish us with the new owner's name and mailing
address We will ask the appropriate office to investigate
your concerns and take appropriate action.
Page 2 - October 5, 1994
To: W. Scott Simmons
Re: Your Fax Letter dated October 4, 1994
In the meantime, I have passed your concerns about possible
activities at the site with Diane of the Town Trustees' Office, and
have forwarded to her a copy of this letter, as well as to the
Building Department. For your convenience, their office telephone
numbers are 765-1892 (Trustees) and 765-1802 (Building
Department).
It is suggested that you please address future correspondence
directly to the Building Inspector as the enforcing officer, as that
is the appropriate Department to assist you concerning inquiries on
"permits" or "activities."
Very truly yours,
Linda Kowalski
cc: Building Department
Town Trustees (Attn: Diane)
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
October 5, 1994
Mr. W. Scott Simmons
710 West End Avenue, #6A
New York, NY 10025
Re: Your Fax Transmission of Letter dated October 4, 1994
Dear Mr. Simmons:
Upon receiving your fax transmission today, I thought it best to
respond in order to clarify our discussion.
When you called last week, you inquired as to what conditional
approval there is of record with the office of the Board of Appeals
pertaining to the above premises. As a courtesy, we immediately
sent a copy of the Beard's decision rendered under Appeal No. 4154
for approval of access, which is also relevant to all lots having
access over these rights-of-way as well as to the Charles Lewis' lots
which were, or still are, pending a re-subdivision from three lots to
two lots with the Planning Board.
When you inquired as to whether or not building activities were
permitted, I referred you to the Building Department. When you
inquired as to the status of the subdivision, I referred you to
Melissa of the Planning Board office. I also mentioned that the
assessment records presently show Charles Lewis as the current
owner, and ff the property was conveyed recently, it could be
several months before the Town receives notice. You then informed
us that you knew the property was recently sold to a new owner,
and that you had discussed the conditions of the 280-A access
approval with the new owner.
You may wish to inform all of the property owners on these
rights-of-way as to the requirements of New York Town Law, Section
280-A. Not only will Mr. Lewis' lots be subject at some point in
time to completing these improvements, but also other lot owners who
nmy wish to build in the future. New York Town Law, Section
280-A, does not become enforceable, I understand, until a property
owner applies for a new subdivision or building permit to
construct. Please furnish us with the new owner's name and r~illng
address. We will ask the appropriate office to investigate
your concerns and take appropriate action.
Page 2 - October 5, 1994
To: W. Scott Simmons
Re: Your Fax Letter dated October 4, 1994
In the meantime, I have passed your concerns about possible
activities at the site with Diane of the Town Trustees' Office, and
have forwarded to her a copy of this letter, as well as to the
Building Department. For your convenience, their office telephone
numbers are 765-1892 (Trustees) and 765-1802 (Building
Department ).
It is suggested that you please address future correspondence
directly to the Building Inspector as the enforcing officer, as that
is the appropriate Department to assist you concerning inquiries on
"permits" or "activities."
Very truly yours,
Linda Kowalski
cc: Building Department
Town Trustees (Attn: Diane)
Print Key Output Page 1
5738SS1 V2R2M0 920925 SOUTHOLD 10/05/94 11:55:12
Display Device : DSP15
User : LINDAK
PLll0-41 W5
*INQ*
TOWN OF SOUTHOLD
PARCEL MASTER FILE INQUIRY
Address: PRIVATE ROAD #18 , #850
APN: 1000 50 3 16
Transaction Type:
Eff Date:
Description:
TRA 1 Exception:
10/28/88 Exp Date: 99/99/99
TRANSFER OWNERSHIP PROPERTY
1. LEWIS TO LEWIS L-10859 P-272
Parcel ID:
10/05/94
11.55.08
12057
Cmdl-Prev Screen Cmd7-End Job
Print Key Output Page 1
5738SS1 V2R2M0 920925 SOUTHOLD 10/05/94 11:56:01
Display Device : DSP15
User : LINDAK
473889 SOUTHOLD
50.-3-16
850 HYATT RD
OWNER & MAILING INFO ===
LEWIS CHARLES H
710 LESPERANCE ROAD
TECUMSEH ONTARIO
N8N1W7 CANADA
==DIMENSIONS ===1 ....... SALES
ACRES 1.50 IBOOK 10859
IPAGE 272
....... TOTAL EXEMPTIONS 0
CODE AMOUNT PCT INIT TERM VLG HC OWN CODE
Fi=NEXT PARCEL
75.10- 03-010
NYSRPS ASSESSMENT INQUIRY DATE : 10/05/94
SCHOOL SOUTHOLD SCHOOL ROLL SEC TAXABLE
PRCLS RES VAC LAND TOTAL RES SITE
TOTAL COM SITE
ACCT NO 08
=MISC I .............. ASSESSMENT DATA ...........
RS-SS I **CURRENT** RES PERCENT
1 ILAND 1,000 **TAXABLE**
BANK ITOTAL 1,000 COUNTY
OVER **PRIOR** TOWN
ILAND 1,000 SCHOOL
ITOTAL 1,000
INFORMATION ..................................
SALE DATE 00/00/00
PR OWNER
............. I== TOTAL SPECIAL DISTRICTS
PCT TYPE
UNITS
IFD028
IPK070
IWW020
ISWOll
F3=NEXT EXEMPT/SPEC
F6=GO TO INVENTORY F9=GO TO XREF
1,000
1,000
1,000
VALUE
F4=PREV EXEMPT/SPEC
F10=GO TO MENU
Print Key Output
5738SS1V2R2M0 920925
Display Device : DSP15
User : LINDAK
SOUTHOLD
10/05/94
PLl10-23 W5
*INQ*
TOWN OF SOUTHOLD
PARCEL MASTER FILE INQUIRY
Address: 850 PRIVATE ROAD #18
APN: 1000 50 3 16
SEL TYPE EFF DATE EXP DATE EXCPT DESCRIPTION
1. TRA 10/28/88 TRANSFER OWNERSHIP PROPERTY
Page 1
11:55:02
10/05/94
11.54.55
TEXT?
Y
Selection:
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Cmd7-End Job
Note for the record:
Bay Constable Don Dzenkowski stopped by and said he also did
receive a fax from W. Scott Simmons. Don confirmed he visited the
site referred in correspondence from W. Scott Simmons and did not
find wetlands violations. Also said that this area does not now
appear on State wetlands map adopted in 1993 per Town Trustees'
office records. We also gave Don a copy of Bruce Anderson's report
of 1991 (which he says is dated before state wetland maps were
adopted).
PLANNING BOARD MEMBERS
Bennett Orlowski, Jr., Chairman
George Ritchie Latham. Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
SCOTT L. HARRIS
Supervisor
Town Hall. 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
May 16, 1991
Michelle L. Klima
Esseks, Hefter & Angel
108 East Main Street
P.O. Box 279
Riverhead, New York 11901
RE: Minor Subdivision for
Charles H. Lewis
SCTM# 1000-50-3-14, 15 & 16
Dear Ms. Klima:
The Planning Board has reviewed the enclosed report which
was adopted by the Board of Trustees on May 2, 1991.
The Planning Board requests that the map be revised as
follows:
The upland area and the wetland area for Lot 1 must
be indicated on the map. The upland portion of each
lot must be 40,000 square feet in area.
A seventy-five (75) foot buffer area must be shown
adjacent to the wetland area. This buffer area is to
be left in a natural state and is not to be disturbed.
The access proposed for Lot 1 is not acceptable. The
lot lines for the two lots should be changed so that
access to Lot 1 is outside the seventy-five (75) foot
buffer area.
Both lots must conform to the width and depth
requirements for the R-40 Zoning District.
5. Building envelopes must be shown for both lots.
6. The map scale must be changed to 1" equals 100'
In addition, the following items are required:
In addition, the following items are required:
ae
A Long Environmental Assessment Form (LEAF). A Short
Environmental Assessment Form was submitted with the
application. However, the Planning Board requires a
LEAF for all subdivisions.
The Planning Board will be referring the LEAF to their
Environmental Consultant for review. There will be a
$400.00 fee for this review. Payment should be
submitted with the LEAF.
Upon submission of the above mentioned items and revised
maps, the Planning Board will proceed with their review.
Please contact this office if you have any questions.
Very truly yours, , ~
Bennett Orlowski, Jif.
Chairman
enc.
PLANNING BOARD MEMBERS
Bennett Orlowski, Jr., Chairman
George Ritchie Latham. Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Michelle L. Klima
Esseks, Hefter & Angel
108 East Main Street
P.O. Box 279
Riverhead, New York 11901
October 10, 1991
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold. New York 11971
-~~5-1823
RE: Minor Subdivision for
Charles H. Lewis
SCTM$ 1000-50-3-14, 15 & 16
Dear Ms. Klima:
The Planning Board has reviewed the maps submitted on
October 3, 1991, for the above mentioned subdivision. The
following revisions/clarifications are required:
1. Lot numbers must be indicated on each lot.
It is the Planning Board's understanding that not all
structures indicated on the map exist. It must be
indicated on the map which buildings are habitable,
and are to remain, and which structures are
inhabitable and are to be.removed. In addition, it
should be noted that only one dwelling unit per lot is
allowed.
The 50' front yard setback for Lot 2 is not shown for
the entire front yard. The area adjacent to the land
now or formerly Mesdalgna Kudirka is also the front
yard. Therefore, this area should have a 50' setback
rather than a 20' setback.
Access to Lot 1 is to be via the 25' wide r-o-w to
Lighthouse Road. Lot 1 shall not have access via the
30' wide r-o-w. This should be so indicated on the
map.
Page 2
Charles Lewis
Access to the lots is over land other than that owned
by the subdivider. Therefore, you must apply to the
Zoning Board of appeals for 280-A access approval.
280-A approval will be required prior to the Planning
Board granting any final approval to this subdivision.
Upon receipt of maps revised as mentioned above, this
application will be scheduled for a sketch determination, and
the State Environmental Quality Review process will be initiated.
Please contact this office if you have any questions
regarding the above.
Very truly yours,
Bennett Orlwoski, Jr.
Chairman
PLANNING BOARD MEMBERS
Bennett Orlowski, Jr., Chairman
George Ritchie Latharn, Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
SCO'I'F L. HARRIS
Supervisor
Town Hall. 53095 Main Road
P.O. Box 1179
Southold. New York 11971
Fax (516) 765-1823
February 26, 1992
John Wagner
Esseks, Hefter & Angel
108 East Main Street
P.O. Box 279
Riverhead, New York 11901
RE:
Minor Subdivision for
Charles H. Lewis
SCTM~ 1000-50-3-14, 15
& 16
Dear Mr. Wagner:
The Planning Board has reviewed the maps dated October 30,
1991 for the above mentioned subdivision. Neither lot conforms
to all of the requirements of the Bulk Schedule for the R-40
Zoning District. Therefore, variances for these lots will be
required before the Planning Board can proceed with the sketch
determination.
In addition, access to the lots is over land other than
that owned by the subdivider. Therefore, you will need to obtain
280-A access approval.
The Planning Board started the lead agency coordination
process on February 24, 1992. You will receive a copy of that
resolution under separate cover.
Please contact this office if you have any questions
"regarding the above.
Very truly your,
Bennett Orlowski, Jr.
Chairman
cc: Gerard P. Goehringer, Chairman, Zoning Board of Appeals
Bruce Anderson
Environmental Consultant
To:
From:
John Bredemeyer, President
Southold Board of Trustees
Bruce Anderson ~~
Environmenta~ Consultant
Date: April 17, 1991
Re:
an R-40
Environmental Review - Subdivision
Charles Lewis
Situate n/o Sound View Ave
w/o Lighthouse Road
SCTM # 1000-50-3-14,15,16
. OUTHOLD
· JUL 281993
Subject parcel contains 2.2612 acres and is
zoning district. The applicant proposes
located in
to
subdivide the parcel into two lots. On the survey prepared
by Peconic Surveyors dated November 20, 1989, proposed lot
#1 contains 1.2005 acres. Proposed lot #2 contains 1.0607
acres. Proposed lot #1 contains wetlands. Lot #2 is
comprised entirely of upland vegetative communities.
The wetland found on proposed lot #1 is generally
characterized as a buttonbush swamp loosestrife wetland.
The size and shape of the wetlands found on site appear to
accurately reflect the existing wetlands. The wetland
system is actually split by the previous construction of the
gravel unimproved road used to access the site. Wetlands
are similar in nature west of the gravel road but appear to
be much larger than those found on subject parcel. Wetlands
on subject parcel were flagged during the field inspection
of April 14, 1991.
Soils underlying the wetland are quite mucky and the
wetland is regarded as having been formed as a result of the
soils. Perched above the water table, this wetland collects
standing water as a result of ~verland runoff. The Standing
water, present during the time of field inspections may
disappear during periods of extended drought. However, it
appears that standing water has sustained itself for most if
not all of this year as evidenced by the presence of
submerged aquatic vegetation.
'The uplands are generally wooded and contain two
dilapidated buildings, eight sheds also in dilapidated
condition and the remains of an old foundation. In and
around these structures, the land has been most recently
disturbed. The woodlands are characterized as early
successional. 'The presence of mature black locust which
475 Rambler Road, Southold, NY 11971 (516) 765-4071
dominate the woodlands area are typically considered
indicators of disturbed lands. However, a rather lush shrub
understory has become established throughout the
upland/woodland areas.
The following species were identified within the
wetlands area:
Buttonbush
Swamp loosestrife
Common greenbrier
Cat brier
Black tupelo
Water milfoil
Slender spikerush
Highbush blueberry
Dead decaying trees
Cephalanthus occidentalis
Decodon vertillatus
Smilax rotundifoiia
Smilax glauca
Nyssa sylvatica
Myrophyllum sFp.
Eleoeharis spp.
Vaccinium corymbossum
The following species were observed in the uplands
portion of the site:
Black locust
White oak
Grey birch
Flowering dogwood
Pignut hickory
Red cedar
White Cedar
Red raspberry
Black raspberry
Blackberry
Common elderberry
Scotch broom
Green brier
Cat brier
Cross vine
Virginia creeper
Poison ivy
Recommendations:
Robinia psuedo-acacia
Quercus alba
Betuia populifolia
Co~nus florida
Carya glabra
Juniperus virginiana
Thuja occidentalis
Rhubus idaeus
Rhubus occidentalis
Rhubus allegheniensis
Sambucus canadensis
Cystis scoparius
Smilax rotundifolia
Smilax glauca
Bi~nonia capreolata
Parthenocissus quinquifolia
Rhus radicans
1- The wetlands as shown on the survey prepared by
Pecohic Associates appears to adequately portray the size
and shape of the existing wetlands on site. These wetlands
have been flagged. The Trustees may wish to have the
flagged wetland boundary placed upon the survey. However,
it is unlikely that such a formal wetland delineation will
have any effect upon the subdivision yield of the property.
475 Rambler Road, Southoid, NY 11971
(516) 765-4071
April 2, 1992
Mr. Bennett Orlowski, Jr.
Chairman
Southold Planning Board
Town Hall, 53095Main Road
P.O. Box 1179
Southold, NY 11971
Re:
Review of EAF
Charles Lewis
SCTM No. 1000-50-3-14, 15 and 16
Dear Benny:
As per the your request, we have completed a preliminary review of the above
referenced project in accordance with your correspondence of February 26, 1992. Tasks and
completed activities are identified as follows:
Review Part I LEAF
The parcel has been field inspected by CVA, and the LEAF has been reviewed and
amended as necessary. A copy of same is attached.
Prepare Part H LEAF
The Part II LEAF checklist has been completed and is also attached. Additional
information concerning our findings is included below.
Environmental and Planning ConsMerations
The parcel has been inspected and .environmental references concerning the site and
area have been consulted. The project involves the proposed subdivision of a 2.2612
acre parcel of land into two (2) lots with areas of 55,183 and 43,314 square feet.
iApproximately 5,000 square feet of the site is identified as wetlands. The site is
ocated north of Sound View Avenue and west of Lighthouse Road, in Southold, New
York. The project is an unlisted action, and a Long EAF has been submitted for
review and coordination purposes.
The subject site is located in an area zoned R-40, allowing residential dwellings based
on a yield of 40,000 square foot lots. The site has existing improvements on each lot.
A dilapidated structure was observed 75 feet from the wetlands on Lot 1 along with 4
small sheds and an old foundation. The areas around the structures are significantly
overgrown, indicating that the site has not been occupied for some time. There is a
dwelling On the east side of Lot 2, along with 3 small sheds. This lot consists of first
growth woods vegetation, and light penetration has allowed viney understory to grow.
A si[gnificant number of locust trees have been downed as a result of wind storms in
the tall of 1991. The areas around the structures are also overgrown.
The site has variable terrain, with no areas of excessive slopes with the exception of
.the side slopes of the wetlands area. In addition, the Suffolk County Soil Survey
indicates the soil type on site is Montauk Fine Sandy Loam. This soil has moderately
54-2 NORTH COUNTRY ROAD, MILLER PLACE, NY 11764 (516) 331-1455
Page 1 of 3
Charles Lewis
Long EAF Review
slow permeability, and therefore percolation tests will be required to determine
suitability for sanitary leachin~ for new sanitary system construction. The depth to
groundwater beneath the site is 80 feet. The wetland area on site is a result of
perched water contained in less permeable soils occupying the depression.
The site contains an important wetlands habitat area identified in the National
Wetlands Inventory as a Palustrine, scrub/shrub wetlands, dominated by broad-leaved
deciduous shrubs. The system is identified as being seasonally saturated. Field
inventory has confirmed the designatlo, n identified in the National Wetlands
Inventory. The wetlands was joined w~th a similar small wetlands system to the west;
however, the access road has bisected the system. The system is resulated by the
Town Trustees, and a report from the Trustees has been prepared indicating that the
proposed subdivision will not jeopardize the integrity of the wetlands provided all
new construction is in excess of 75 feet from the limit of wetlands shown on the map.
Adequate building envelopes are provided to meet this requirement. The remainder
of the site did not contain any significant habitats or threatened, endangered or
special concern species observed on site during field inspections. The parcel is
surrounded by residential development and open space.
The proposed project conforms to existing zoning in terms of density providing lots
with.an average size of greater than 40,000 square feet. In terms of'ac'cess ther-e is an
existing 30 foot right-of-way on the west side of the parcels which could provide access
to Lot 2; however, access to Lot 1 from this right-of-way is not recommended due to
the wetlands. Alternate access to both lots is provided from a 25 foot right-of-way
from Lighthouse Road. An existing unimproved road passes between existing
dwellings to gain access to the lots. A flag connection is provided from Lot 1-to this
right-of-way. Zoning Board of Appeals review of access will be ne.cessary, and .
driveway location for Lot 2 can be determined at the time of building permit rewew
for any new construction which may be contemplated on this lot.
The proposed project conforms to Suffolk County Department of Health Services
density criteria and sanitary system installation, providing average lot sizes of greater
than 40,000 square feet in Groundwater Management Zone VI. The project is not
within the Water Budget area, nor is it within an area served by public water. As a
result, private water supply wells will be used for on-site water supply. The area is not
in an area identified as being affected by nitrate or aldicarb contamination in the
North Fork Water Supply Study. Supply well sampling must be perfor.m, ed to the
satisfaction of the SCDHS, and potable water supply must be provided In accord with
Article IV of the Sanitary Code. Subdivision approval as well as individual lot
approval from SCDHS will be required for water supply and sanitary disposal.
During this review, the sanitary system design will consider suitability of subsoils for
leaching purposes. If poor leaching soils are present, methods are avai!able to
backfill with coarse textured soils in order to construct an operable sanitary system.
Conclusion and Recommendations
Based upon the review of the Long EAF Parts I and II, site inspection and .
documentation noted above, we feel that the proposed project does not imomee on
environmental constraints on site (wetlands), nor is any significan.t environ~ne~tal
impact anticipated as a result of the proposed project. The Planmng Board approval
should specify that all future construction must be in excess of 75 feet from the
Page 2 of 3
Charles Lewis
Long EAF Review
identified freshwater wetlands. In addition, Lot 1 shall not have access to the right-of-
way from Sound View Avenue, as indicated on the map. Building permits shou!d be
reviewed for conformance to these conditions when re-development of the site ts
contemplated. If the Planning Board is in agreement, we feel that the Planning
Board could appropriately issue a Negative Declaration, not requiring the
preparation of an Environmental Impact Statement, based upon the reasons noted
above.
I hope this letter provides the Board with the i.nformation needed to continue review
of this project. We would be pleased to provide additional input upon request. Please do
not hesitate to call if you have any questions.
Very tr~l~urs.
enc: Part I/II LEAF
CRAMER, V~ ~,SOCIATES
ENVIRONMEN~~IG CONSULTANTS
Page 3 of 3
TRUSTEES
John M. Bredemeyer, III, President
Henry P. Smith, Vice President
Albert J. Krupski, Jr.
John L. Bednoski, Jr.
lohn B. Tuthill
Telephone (516) 765-1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
TO:
FROM:
RE:
DATE:
Planning Board
Board of Trustees~_~.
Subdivision of Charles Lewis
SCTM ~1000-50-3-14,15,16
May 9, 1991
SUPERVISOR "
SCOTt L. HARRIS
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
JUL 2 8 1993
The following action was taken by the $outhold Town Board of
Trustees on Thursday, May 2, 1991:
RESOLVED that the Southold Town Board of Trustees accepts and
forwards the April 17, 1991 report of Consultant Bruce Anderson
to the Planning Board.
If you have any questions, please do not hesitate to contact
this office.
JMB:jmt
enc.
cc: CAC
PLANNING BOARD MEMBERS
Bennett Orlowski. Jr.. Chairman
George Ritchie Lathara. Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
Telephone 1516) 765-1938
PLANNING BOARD OFFICE
TOWN OFSOUTHOLD
State Environmental Qual&t¥ Review
NgGATXVE
~otioe of Determ&nat&on of
April 6, 199:
This notice is issued pursuant to part 617 of the
implementing regulations pertaining to Article 8 (State
Environmental Quality Review Act)
SCOTI'L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fan (516) 765-1823
of the Environmental Law.
The Southold Town Planning Board, as lead agency, has
determined that the proposed action described below will not
have a significant effect on the environment and a Draft
Environmental Impact Statement will not be prepared.
Name of Action:
Minor Subdivision
Charles Lewis
SCTM~:
Location:
1000-50-3-14, 15 & 16
Site is located off a right of way from
Lighthouse Road in Southold
SEQR Status: Type I ( )
Unlisted (X)
Negative Declaration: Yes ( )
No (X)
Description of Action:
Subdivision of 2.2612 acre parcel
of 55,183 and 43,314 square feet.
into 2 lots with areas
Page 2
Charles Lewis
SEQR Negative Declaration Con't.
Reasons Supporting This Determination:
An environmental assessment has been submitted, reviewed
and it was determined that no significant adverse effects
to the environment were likely to occur should the project
be implemented as planned.
The site contains an important wetland habitat area
identified in the National Wetlands Inventory as a
Palustrine, scrub/shrub wetland, dominated by broad-leaved
deciduous shrubs. The system is identified as being
seasonally saturated. This wetland is regulated by the
Town Trustees, the submiyyed by the Trustees indicates that
the proposed subdivision will not jeopardize the integrity
of the wetlands if all new construction is more than 75
feet from the limit of wetlands shown on the map. Adequate
building envelopes have been provided by the applicant to
satisfy this requirement.
The proposed project conforms to existing zoning in terms
of density, each lot is larger than 40,000 square feet.
Access to both lots is provided from a 25 foot right of way
from Lighthouse Road. Lot 1 shall not have access over the
30 foot right of way shown on the map because use of the
right-of-way would require disturbance of the land within
75 feet of the wetland. Zoning Board of Appeals review of
access over the 25 foot right-of-way will be necessary
before building permits may be issued.
The proposed project conforms to.Suffolk County Department
of Health Services density criteria and sanitary system
installation, providing average lot sizes of greater than
40,000 square feet in Groundwater Management Zone VI. The
project is not within the Water Budget area, nor is it
within an area served by public water. As a result,
private water supply wells will be used for on-site water
supply. Supply well sampling must be performed to the
satisfaction of the SCDHS, and potable water supply must be
provided in accord with Article IV of the Sanitary Code.
Because there has been no correspondence received from the
Department of Health Services in the allotted time, it is
assumed that there are no comments or objections from that
agency.
Page 3
Charles Lewis
Because there has been no correspondence received from the
New York State Department of Environmental Conservation in
the allotted time, it is assumed that there are no comments
or objections from that agency.
For Further Information:
Contact Person: Melissa Spiro
Address: Planning Board
Telephone Number: (516) 765-1938
cc:
Suffolk County Department of Health Services
Suffolk County Planning Commission
Roger Evans, DEC Commissioner
Cramer, Voorhis & Associates, Inc.
Judith Terry, Town Clerk
Board of Trustees
Applicant
APPEALS BOARD MEMBERS
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 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
September 7, 1993.
Dear
Enclosed with this letter is a copy of the Legal Notice,
as published in the Town's official newspaper (Long Island
Traveler-Watchman, Inc. located in Southold, NY). The Legal
Notice outlines a generalized description of the relief or use
appealed, the location of the property, and the time, date and
place of the public hearing.
Please have someone appear in your behalf at the time
specified in the event there are questions (and to prevent a
delay in finalizing your application). Your public hearing will
not start before the time allotted in the attached Legal
Notice. Additional time will, of course, be available.
If your presentation is lengthy, a draft or final written copy
is always appreciated.
In the event you wish to amend your application to include
other relief and other sections of the Code to be considered,
you must file separate application forms, obtain a new Notice of
Disapproval from the Building Inspector, and submit the
additional filing fee. You must notify our office prior to the
advertising of the present application for the amendments. Once
the application has been advertised, a separate application would
then be required for additional relief.
Please feel free to call our office if you have any
questions or wish to update your file prior to the hearing date.
Yours very truly,
Enclosure
E$$EKS, HefTEr & ANgel
COUnSELOrS at Law
I08 EASt MAIN STreET
P 0 Box 279
I~IVERheAD, N.Y. ilgOI
3691700
WATER MiLL Off{CE
MONTAU K HIGHWAY
P. O. Box 570
WATER MILL. N.Y, ll976
(516) 726'6633
August 16, 1993
Town of Southold
Zoning Board of Appeals
Town Hall
53095 Main Road
P.O. Box 1179
Southold, NY 11971
ATTN: Ms. Linda Kowalski
Re: Application of Charles H.
of Town Law ~280-a
Lewis for Variance
Dear Ms. Kowalski:
As we discussed this morning on the telephone, please
adjourn the hearing on the above-referenced application from
Wednesday, August 18, 1993 until the next scheduled meeting of
the Board, which I understand will be on or before September 20,
1993.
As we have discussed, the foregoing adjournment is necessary
so that maps can be prepared for the Board showing the travelled
portions of the two rights-of-way in question.
Thank you for your cooperation.
/JW
Very truly yours,
John M. Wagner
PLANNING BOARD MEMBERS
Bennett Orlowski, Jr., Chairman
George Ritchie Latham. Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
Telephone (516) 765-1938
TO:
PLANNING BOARD OFFICE
TOWN OF SOUI'HOLD
Gerard P. Goehringer, Chairman
Zoning Board of Appeals
FROM: Richard G. Ward, Chairman ff~/~
RE: Minor Subdivision
Charles H. Lewis
Southold
SCTM# 1000-50-3-14, 15, 16
DATE: August 11, 1993
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
The Planning Board has received your Coordination Request for
Comments for the above mentioned subdivision proposal.
The Planning Board has no objection to your Board granting
relief under New York Town Law, Section 280-a over the 25' wide
right-of-way.
In response to the concerns regarding the driveways within the
subdivision, the Board has asked the applicant to submit a map
showing the location of all adjacent houses. The Board has
reserved commenting on the driveway situation until this map has
been submitted and reviewed.
In addition, please note that the Planning Board took lead
agency and granted a Negative Declaration on April 6, 1992.
have enclosed a copy of the Negative Declaration for your
records.
enc.
~71d t L OJL~£ ~'
APPEALS BOARD MEMBERS
Gerard R Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Roher~ A. Villa
Richard C. Wil~on
Telephone (516) 765-1809
BOARD OF APPEALS
TOVFN OF SOUTHOLD
INTER-DEPARTMENTAL MEMORANDUM
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
TO:
FROM:
DATE:
SUBJECT:
{X ) Planning Board
( ) Building Department
{ ) Town Trustees
Board of Appeals
August 5, 1993
Our Coordination Request for Comments-Preliminary
Subdivision Proposal - Charles H. Lewis
Property ID #1000-50-3-14, 15, 16 at Southold
The applicant and attorney in the above project has confirmed
with our office that he has met on a preliminary level with
Planning Board Members. Since the application before this
Department concerns a request for relief under New York Town
Law, Section 280-a over both private rights-of-way, we request
your comments and recommended specifications concerning the
access within the subdivision created for the proposed flag lot.
You should be aware that the attorney for the applicant has
indicated that they would be agreeable to continuing a common
driveway for access to buildings on both lots rather than
creating a new driveway area for the northerly lot. The
driveway was previously used for many years as a common driveway
for both dwelling structures.
The use of a common driveway would not necessarily require a
change in the configuration of the flag lot proposed by the
Planning Board on the present map.
In the event you are not able to transmit your views in writing
by August 17, 1993, please feel free to communicate directly
either through our office or attendance by a planning staff
member at the public hearing.
Thank you.
lk
E$$EkS, HEfTER & ANgEl
COUNSELORS AT Law
P. O. BOX 279
RIVERHEAD, N.Y. ilgOI
July 27,
1993
BY HAND
Town of Southold Planning Board
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, NY 11971
Re:
Minor Subdivision for Charles H. Lewis,
situate at Southold, Town of Southold --
Suffolk County Tax Map Nos. 1000-050.00-03.00-
014.000, 015.000, aRd 016.000
WATER MiLL OFFICE
MONtAUK HIghWAY
P. O. Box 570
WATER MILL* N.Y. 11976
Dear Members of the Board:
I enclose herewith eight (8) prints of the proposed Land
Division for Charles H. Lewis, last revised July 26, 1993. I ask
that you schedule the enclosed plan for sketch plan approval and
otherwise proceed with processing of the subdivision.
For your information, the subject subdivision has been
pending before the Board since 1990. By letter dated February
26, 1992, the Planning Board advised me that dimensional and Town
Law §280-a variances were required for the proposed subdivision
10ts before the Board would proceed with a sketch plan
determination. Since that time, I have had a title search
performed to determine the legal accesses to the subdivision
property. I have also referred the map to Thomas Fisher of the
Building Department, as a predicate for an application to the
Zoning Board of Appeals.
The title search~'has revealed that the subdivision has
deeded easement access over both the 30-foot right-of-way to the
southwest of the property and the 25-foot right-of-way to the
southeast of the property.
I have advised Mr. Fisher of the easement rights associated
with the subdivision and he has determined that the front, rear,
and side yards of the proposed subdivision lots are located as
ESSEKS, HEFTER & ANGEL
COUNSELORS AT LAW
Southold Town Planning Board
July 27, 1993
Page 2
shown on the enclosed plat revised July 26, 1993. Mr. Fisher has
also issued a Notice of Disapproval, dated May 24, 1993, a copy
of which is enclosed. The Notice of Disapproval indicates that
the only variance required is from the provisions of Town Law
§280-a.
Within the past week, I have made application to the Zoning
Board of Appeals for a variance of the provisions of Town Law
§280-a. While the Zoning Board of Appeals application is
pending, there appears to be no reason why the subdivision
application should not proceed.
Thank you for your cooperation. If you require anything
further, please call.
/JW
Encls.
Very truly yours,
,John M. Wagner
· "' 617.2,1 ., I [' ",~ 'i" SEQR
State Environmental Quality Review ~'~ - 3 J~l j
Purpo;e= The full fAF ,s des,~ned to help applicants and agenc es determine, in an ;.. ~~ ..... J~..
~action may be significant The question o~ whether an action may be significant is not always easy ~o answer. Frequent-
there are aspects o~ a project that are subjective or unmeasureable. It is also understood that those who determine
significance may have little or no formal knowled[e of the environment or may be technically expert in environmental
. analysis. In addition, many who have knowledge in one particular area may not be aware o~ the broader concerns a~ectin~
the question of significance. '
The ~ull EAF is intended to provide a method whereby applicants and agencies can be assured that the determination
process has been orderly, comprehensive in nature, yet flexible t0 allow introduction o~ information to fir a project or action,
* Full fAF Components[ The ~ull EAF is comprised of three parts:
Purl 1: Provides objective data and information about a given project and its site. By identifying basic project
data. it ~ssists a reviewer in the analysis that takes place in Parts 2 and 3.
Purl 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides
guidance as to whether an impact is likely to be considered small ~o moderate or whether it is a potenfi~lly-
larse impact. The ~orm also identifies whether an impact can be mid~ated or reduced.
Part 3: I[ any impact in Par~ 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the
impact is actually important.
DETERMINATION OF SIGNIFICANCE--Type 1 and Unlisted Actions
Identify the Portions of fAF compleled for this project: ~ Part'] [] Part 2 [-Ipart 3
Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting
information, and considering both the magdude and importance of each impact, 'it is reasonably determined by the
lead agency that:
[] A. The project will not result in any large and important impact(s) and, therefore, is one which will not
have a significant im.pact on the environment, therefore a negative declaration will be prepared.
B. Although the project could have a significant effect on tile environment, there will not be a significant
effect for this Unlisted Action because the mitigation measures described in PART 3 have been required,
therefore a CONDITIONED negalive declaration will be prepared,*
[] C. The project may result in one or more large and important impacts that may have a significant impact
on the environment, therefore a positive declaration will be prepared,
* A Conditioned Negative D~claration is only valid for Unlisted Actions
Land .Division of Charles H. Lewis
Name of Action
Name of Lead Agency
Print or Type Name of Responsible Officer in Lead ,~gency' . ' ~ ....
Signature of Responsible Officer 'in Lead Agency .Signature of r'reparer(,q h rent from respons[blejo.~er}
~/~ ' L
%NNIN(; BOARD MEMBERS
Hcnn¢ll t)rhm,'ski, Jr.. Chairman
R,chard G. Ward
".lark S. McDonald
Kenneth L. Ed'o. ards
I :lcphonc 1516) 765-1038
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
February 26, 1992
SCOTT L. HARRIS
Supervisor
Town Hall. 53095 Main Road
P.O. Box 1179
Southold. New York 11971
Fax (5161 765-1823
Cramer, Voorhis & Associates, Inc.
Environmental and Planning Consultants
54 N. Country Road
Miller Place, New York 11764
RE:
Review of EAF
Charles Lewis
SCTM#1000-50-3-14,
15 16
Dear Messrs.
Voorhis and Cramer:
The Southold Town Planning Board hereby refers the
Environmental Assessment Form for the above mentioned
subdivision to your office for review. Also enclosed is a copy
of the map, a copy of the report from the Trustees and Planning
Board correspondence dated February 26, 1992 and February 25,
1992.
The planning Board started the lead agency coordination
process on February 24, 1992. The $400.00 review fee has been
submitted by the applicant. If all is in order, the Board will
make their SEQRA determination at the April 6th public meeting.
Please submit your report no later than March 30th in order for
the Board to review your report before the meeting date.
The purchase order will be sent to you under separate cover.
If there are any questions, please contact this office.
Very truly yours,
Bennett Orlowski, Jr. '~
Chairman ' ~
Encls.
Anderson
Environmental Consultant
To:
From:
John Bredemeyer, President
Southold Board of Trustees
Bruce Anderson ~~
Environmental Consultant
T0 VN OF S0trfH0tD
Date: April 17, 1991
Re:
Environmental Review - Subdivision
Charles Lewis
Situate n/o Sound View Ave
w/o Lighthouse Road
SCTM # 1000-50-3-14,15,16
Subject parcel contains 2.2612 acres and is located in
an R-40 zoning district. The applicant proposes to
subdivide the parcel into two lots. On the survey prepared
by Peconic Surveyors dated November 20, 1989, proposed lot
#1 contains 1.2005 acres. Proposed lot #2 contains 1.0607
acres. Proposed lot #1 contains wetlands. Lot #2 is
comprised entirely of upland vegetative communities.
The wetland found on proposed lot #1 is generally
characterized as a buttonbush - swamp loosestrife wetland.
The size and shape of the wetlands found on site appear to
accurately reflect the existing wetlands. The wetland
system is actually split by the previous construction of the
gravel unimproved road used to access the site. Wetlands
are similar in nature west of the gravel road but appear to
be much larger than those found on subject parcel. Wetlands
on subject parcel were flagged during the field inspection
of April 14, 1991.
Soils underlying the wetland are quite mucky and the
wetland is regarded as having been formed as a result of the
soils. Perched above the water table, this wetland collects
standing water as a result of overland runoff. The standing
water, present during the time of field inspections may
disappear during periods of extended drought. However, it
appears that standing water has sustained itself for most if
not all of this year as evidenced by the presence of
submerged aquatic vegetation.
The uplands are generally wooded and contain two
dilapidated buildings, eight sheds also in dilapidated
condition and the remains of an old foundation. In and
around these structures, the land has been most recently
disturbed. The woodlands are characterized as early
successional. The presence of mature black locust which
475 Rambler Road, Southold, NY 1~[971
(516) 765-4071
dominate the woodlands area are typically considered
indicators of disturbed lands. However, a rather lush
understory has become established throughout the
upland/woodland areas.
shrub
The following species were identified within the
wetlands area:
Buttonbush
Swamp loosestrife
Common greenbrier
Cat brier
Black tupelo
Water milfoil
Slender spikerush
Highbush blueberry
Dead decaying trees
Cephalanthus occidentalis
Decodon vertillatus
Smilax rotundifoiia
Smilax glauca
Nyssa sylvatica
Myrophyllum sFp.
Eleocharis spp.
Vaccinium corymbossum
The following species were observed in the uplands
portion of the site:
Black locust
White oak
Grey birch
Flowering dogwood
Pignut hickory
Red cedar
White Cedar
Red raspberry
BlAck raspberry
Blackberry
Common elderberry
Scotch broom
Green brier
Cat brier
Cross vine
Virginia creeper
Poison ivy
Robinia psuedo-acacia
Quercus alba
Betula populifolia
Co~nus florida
Carya glabra
Juniperus virginiana
Thuja occidentalis
Rhubus idaeus
Rhubus occidentaiis
Rhubus allegheniensis
Sambucus canadensis
Cystis scoparius
Smilax rotundifolia
Smilax glauca
Bignonia capreolata
Parthenocissus quinquifolia ·
Rhus radicans
Recommendations:
1- The wetlands as shown on the survey preparcd by
Pecoflic Associates appears to adequately portray the size
and shape of the existing wetlands on site. These wetlands
have been flagged. The Trustees may wish to have the
flagged wetland bbundary placed upon the survey. However,
it is unlikely that such a formal wetland delineation will
have any effect upon the subdivision yield of the property.
475 Rambler Road, Southold, NY 11971 (516) 765-4071
2- The existing transitional and upland habitats from
the wetlands extend to the existing dwelling on proposed lot
#1. This distance scales to approximately 75 feet from the
freshwater wetlands above which has been disturbed by
clearing in and around subject dwellings. Given the
existing setback from the wetlands, there appears to be more
than sufficient room further east for future housing
construction. It would therefore seem logical and
reasonable for any future dwelling to be located not closer
than 75 feet to wetlands. It is recommended that a building
envelop be located on the survey of the proposed subdivision
reflecting a setback of at least 75 feet from the freshwater
wetlands.
3- It is recommended that lands within 75 feet of the
wetlands be retained in their natural condition.
4- The probable redevelopment of the dwelling on
proposed lot #1 should be regulated as to prevent erosion
into the natural areas within 75 feet of the wetlands. This
preventative technique is usually accomplished by the use
of haybales placed end to end and firmly staked into the
ground. The Trustees may wish to make such a
recommendation.
475 Rambler Road, Southold, NY 11971 (516) 765-4071
PLANNING BOARD MEMBERS
Bennett Orlowski, Jr.. Chairman
George Ritchie Latham, Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
SCOTT L. HARRIS
Supervisor
Town Hall. 53095 Main Road
P.O. Box 1179
Southold. New York 11971
Fax (516) 765-1823
John Wagner
Esseks, Hefter & Angel
108 East Main Street
P.O. Box 279
Riverhead, New York 11901
February 26, 1992
RE: Minor Subdivision for
Charles H. Lewis
SCTM~ 1000-50-3-14, 15 & 16
Dear Mr. Wagner:
The Planning Board has reviewed the maps dated October 30,
1991 for the above mentioned subdivision. Neither lot conforms
to all of the requirements of the Bulk Schedule for the R-40
Zoning District. Therefore, variances for these lots will be
required before the Planning Board can proceed with the sketch
determination.
In addition, access to the lots is over land other than
that owned by the subdivider. Therefore, you will need to obtain
280-A access approval.
The Planning Board started the lead agency coordination
process on February 24, 1992. You will receive a copy of that
resolution under separate cover.
Please contact this office if you have any questions
' regarding the above.
Very truly your, .
Bennett Orlowski, Jr. /FWf
Chairman
cc: Gerard P. Goehringer, Chairman, Zoning Board of Appeals
PLANNING BOARD MEMBERS
Bennett Orlowski, Jr., Chairman
George Ritchie Latham. Jr.
Richard G. Ward
Mark S. McDonald
Kennelh L. Edwards
Telephone 1516) 765-1938
PLANNING BOARD OFFICE
TOWN OFSOUTHOLD
State Environmental Quality Review
NEGATIVE DECLARATION
Notice of Determination of Non-Significance
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York I 1971
Fax (516) 765-1823
April 6, 1992
This notice is issued pursuant to part 617 of the
implementing regulations pertaining to Article 8 (State
Environmental Quality Review Act) of the Environmental Law.
The Southold Town Planning Board, as lead agency, has
determined that the proposed action described below will not
have a significant effect on the environment and a Draft
Environmental Impact Statement will not be prepared.
Name of Action: Minor Subdivision
Charles Lewis
SCTM#:
Location:
1000-50-3-14, 15 & 16
Site is located off a right of way from
Lighthouse Road in Southold
SEQR Status: Type I ( )
Unlisted (X)
Negative Declaration:
Yes ( )
No (X)
Description of Action:
Subdivision of 2.2612 acre parcel into 2 lots with areas
of 55,183 and 43,314 square feet.
Page 2
Charles Lewis
SEQR Negative Declaration Con't.
Reasons Supporting This Determination:
An environmental assessment has been submitted, reviewed
and it was determined that no significant adverse effects
to the environment were likely to occur should the project
be implemented as planned.
The site contains an important wetland habitat area
identified in the National Wetlands Inventory as a
Palustrine, scrub/shrub wetland, dominated by broad-leaved
deciduous shrubs. The system is identified as being
seasonally saturated. This wetland is regulated by the
Town Trustees, the submiyyed by the Trustees indicates that
the proposed subdivision will not jeopardize the integrity
of the wetlands if all new construction is more than 75
feet from the limit of wetlands shown on the map. Adequate
building envelopes have been provided by the applicant to
satisfy this requirement.
The proposed project conforms to existing zoning in terms
of density, each lot is larger than 40,000 square feet.
Access to both lots is provided from a 25 foot right of way
from Lighthouse Road. Lot 1 shall not have access over the
30 foot right of way shown on the map because use of the
right-of-way would require disturbance of the land within
75 feet of the wetland. Zoning Board of Appeals review of
access over the 25 foot right-of-way will be necessary
before building permits may be issued.
The proposed project conforms to Suffolk County Department
of Health Services density criteria and sanitary system
installation, providing average lot sizes of greater than
40,000 square feet in Groundwater Management Zone VI. The
project is not within the Water Budget area, nor is it
within an area served by public water. As a result,
private water supply wells will be used for on-site water
s~lpply. Supply well sampling must be performed to the
satisfaction of the SCDHS, and potable water supply must be
provided in accord with Article IV of the Sanitary Code.
Because there has been no correspondence received from the
Department of Health Services in the allotted time, it is
assumed that there are no comments or objections from that
agency.
Page 3
Charles Lewis
Because there has been no correspondence received from the
New York State Department of Environmental Conservation in
the allotted time, it is assumed that there are no comments
or objections from that agency.
For Further Information:
Contact Person: Melissa Spiro
Address: Planning Board
Telephone Number: (516) 765-1938
cc:
Suffolk County Department of Health Services
Suffolk County Planning Commission
Roger Evans, DEC Commissioner
Cramer, Voorhis & Associates, Inc.
Judith Terry, Town Clerk
Board of Trustees
Applicant
CRAMER, VO,~R H I~ ~,~SOC IATES
ENVlRONMENTA~G CONSULTANTS
April 2, 1992
Mr. Bennett Orlowski, Jr.
Chairman
Southold Planning Board
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, NY 11971
Re-'
Review of EAF
Charles Lewis
SCTM No. 1000-50-3-14, 15 and 16
Dear Benny:
As per t.he y.our request, we have completed a preliminary review of the above
referenced project ~n accordance with your correspondence of February 26, 1992. Tasks and
cnmpleted activities are identified as follows:
Review Part I LEAF
The parcel has been field inspected by CVA, and the LEAF has been reviewed and
amended as necessary. A copy of same is attached.
Prepare Part H LEAF
The Part II LEAF checklist has been completed and is also attached. Additional
information concerning our findings is included below.
Environmental and Planning Considerations
The parcel has been inspected and environmental references concerning the site and
area have been consulted. The project involves the proposed subdivision of a 2.2612
acre parcel of land into two (2) lots with areas of 55,183 and 43,314 square feet.
Approximately 5,000 square feet of the site is identified as wetlands. The site is
located north of Sound View Avenue and west of Lighthouse Road, in Southold, New
York. The project is an unlisted action, and a Long EAF has been submitted for
review and coordination purposes.
The subject site is located in an area zoned R-40, allowing residential dwellings based
on a yield of 40,000 square foot lots. The site has existing improvements on each lot.
A dilapidated structure was observed 75 feet from the wetlands on Lot 1 along with 4
small sheds and an old foundation. The areas around the structures are significantly
overgrown, indicating that the site has not been occupied for some time. There is a
dwelling on the east side of Lot 2, along with 3 small sheds. This lot consists of first
growth woods vegetation, and light penetration has allowed viney understory to grow.
A significant number of locust trees have been downed as a result of wind storms in
the ~all of 1991. The areas around the structures are also overgrown.
The site has variable terrain, with no areas of excessive slopes with the e. xception of
the side slopes .o.f the wetland.s area. In addition, the Suffolk County Soil Survey
indicates the sod type on site is Montauk Fine Sandy Loam. This soil has moderately
54-2 NORTH COUNTRY ROAD, MILLER PLACE, NY 11764 (516) 331-1455
Page I of 3
Charles Lewis
Long EAF Review
slow permeability, and therefore percolation tests will be required to determine
suitability for sanitary leachin~ for new sanitary system construction. The depth to
groundwater beneath the site is 80 feet. The wetland area on site is a result of
perched water contained in less permeable soils occupying the depression.
The site contains an important wetlands habitat area identified in the National
Wetlands Inventory as a Palustrine, scrub/shrub wetlands, dominated by broad-leaved
deciduous shrubs. The system is identified as being seasonally saturated. Field
inventory has confirmed the designation identified in the National Wetlands
Inventory. The wetlands was joined with a similar small wetlands system to the west;
however, the access road has bisected the system. The system is regulated by the
Town Trustees, and a report from the Trustees has been prepared ~ndicating that the
proposed subdivision will not jeopardize the integrity of the wetlands provided all
new construction is in excess of 75 feet from the limit of wed.ands shown on the map.
Adequate building enve!opes ar.e provided to meet this requirement. The remainder
of the site did not contain any significant habitats or threatened, endangered or
special concern species observed on site during field inspections. The parcel is
surrounded by residential development and open space.
The proposed project conforms to existing zoning in terms of density, providing lots
with an average size of greater than 40,000 square feet. In ter.ms of access there is an
existing 30 foot right-of-way on the west side of the parcels which could provide access
to Lot 2; however, access to Lot 1 from this right-of-way is not recommended due to
the wetlands. Alternate access to both lots is provided from a 25 foot right-of-way
from Lighthouse Road. An existing unimproved road passes between existing
dwellings to gain a. ccess to the lots. A flag c. onnection is provided from Lot 1 to this
right-of-way. Zomng Board of Appeals review of access will be necessary, and
driveway location for Lot 2 can be determined at the time of building permit review
for any new construction which may be contemplated on this lot.
The proposed project conforms to Suffolk County Department of Health Services
density criteria and sanitary system installation, providing average lot size. s of greater
than 40,000 square feet in Groundwater Management Zone VI. The project is not
within the Water Budget area, nor is it within an area served by public water. As a
result, private water supply wells will be used for on-site water supply. The area is not
in an area identified as being affected by nitrate or aldicarb contamination in the
North Fork Water Supply Study. Supply well sampling must be Performed to the
satisfaction of the SCDHS, and potable water supply must be provided in accord with
Article IV of the Sanitary Code. Subdivision approval as well as individual lot
approval from SCDHS will be required for water supply and sanitary disposal.
During this review, the sanitary system design will consider suitability of subsoils for
leaching purposes. If poor leaching soils are present, methods are available to
backfill with coarse textured soils in order to construct an operable sanitary system.
Conclusion and Recommendations
Based upon the review of the Long EAF Parts I and II, site inspection and
documentation noted above, we feel that the proposed project does not impinge on
environmental constraints on site (wetlands), nor is any significan.t environmental
impact anticipated as a result of the proposed project. The Planmng Board approval
should specify that all future construction must be in excess of 75 feet from the
CRAMER, VOORHIS ~SOCIATES
E N VI RO N M E N TA~/~/~i(~ G CONSULTANTS
Page 2 of 3
Charles Lewis
Long EAF Review
identified freshwater wetlands. In addition, Lot 1 shall not have access t.o the right-of-
way from Sound View Avenue, as indicated on the map. Building pernuts shou!d be
reviewed for conformance to these conditions when re-development of the site is
contemplated. If the Planning Board is in agreement, we feel that the Planning
Board could appropriately issue a Negative Declaration, not requiring the
preparation ot an EnvirOnmental Impact Statement, based upon the reasons noted
above.
I ho. pe this letter provides the Board with the information needed to continue review
of this project. We would be pleased to provide additional input upon request. Please do
not hesitate to call if you have any questions.
Very trgl-Dy.~urs,
enc: Part I/II LEAF
CRAMER, VOORHIS ~i~'SSOCIATES
E N VI RO U M E NTA~_A[I__D(,~[ISIG CONSULTANTS
'~ v//I/ \~,.',\
Page 3 of 3
' APPEAT.q BOARD MEMBERS
Gerard P. C-eehringer, Chairman
~erge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
August 2, 199'3
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
John M. Wagner, Esq.
Esseks, Hefter & Angel
108 East Main Street
Riverhead, NY 11901-0279
Re: 280-A Application - Charles H. Lewis
Dear Mr~ Wagner:
This will confirm our telephone request today with your
secretary (Jen) for maps delineating the location of the
right-of-way for which you are requesting 280-A access approval
and the traveled areas of the 25-foot width.
Also, as previously requested, a map showing the traveled
portions of the easterly 30-foot wide right-of-way off of
Lighthouse Road is requested (with a copy of the title search
which was done) for on-site inspections and recordkeeping
purposes.
In any event, the Legal Notice has been prepared and
submitted for publication for a public hearing at our August 18,
1993 Regular Meeting. Please let us know when you have
received the .requested maps in order that we may have the
right-of-way further evaluated.
Very truly yours,
GERARD P. GOEHRINGER
CHAIRMAN
lk
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
September 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
1993
John M. Wagner, Esq.
108 East Main Street
Riverhead, NY 11901-0279
Re: Appl. No. 4184 - Charles H. Lewis (280-A)
Dear Mr. Wagner:
Enclosed please find a copy of the findings and
determination, with conditions, rendered by the Board of Appeals
concerning the above-noted variance application.
Please notify our office in writing as to the date of
completion and extent of improvements within the right-of-way in
order that arrangements may be made for acceptance. Also,
please be sure to return to the Building Inspector, Planning
Board, and any other agency which may have jurisdiction for
issuance of final permits and approvals before commencing
construction activities on either lot.
We have furnished copies of this approval to the Building
Department and Planning. Board offices for their update and
permanent recordkeeping.
Very truly yours,
Linda Kowalski
Enclosure
Copies of Decision to: Building Department
Southold Town Planning Board
APPEAL~ BOARD MEMBERS
Gerard R Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
Appl. No. 4184.
BOARD OF APPEALS
TOWN OF SOUTHOLD
ACTION OF THE BOARD OF APPEALS
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
Upon Application of CHARLES H. LEWIS - Variance as
provided by New York Town Law, Section 280-A requesting
standards of minimum improvement to the traveled bases of two
separate (private) rights-of-way for safe and sufficient access
by emergency, fire and other vehicles located as described below:
Access to Lot No. 1, as modified, with its proposed access
over a right-of-way extending from the westerly side of
Lighthouse Road, Southold, NY, over premises now or
formerly of Pantel, referred to as Parcel #1000-50-3-3.4,
and over premises now or formerly of Suffolk County,
known as Parcel #1000-50-3-3.1.
Access to Lot No. 2, as modified, with its proposed access
over a right-of-way extending from the northerly side of
Sound View Avenue, Southold, NY, in a northerly direction
over lands now or formerly of Regan, Lindermayer, Stanley,
Kudinka and/or Garcia and Sileo, referred to as Parcels
#1000-50-3-16, 7, 8, 23, 9 and/or 19.1. The subject lot
requiring Section 280~A approval is shown as new
subdivision Lot No. 2 as modified and further identified as
County Tax Map Nos. 1000-50-3-14, 15, and 16 for a total
combined area of 2.2612 acres, and which is pending before
the Southold Town Planning Board for re-division into two
lots.
WHEREAS, a public hearing was held on August 18, 1993 and
September 20, 1993, at which time those who desired to be heard
were heard and their testimony recorded (see transcript prepared
under separate cover); 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,
the surrounding areas; and
and
'Pa~e 2 - Appl. N~84
Matter of CHARLES--L]kWIS (280-A)
Decision Rendered September 20,
1993
WHEREAS, the Board made the following findings of fact:
1. RELIEF REQUESTED. There are two separate easement
areas over which the applicant is requesting two separate access
routes. The first right-of-way (referred herein as ROW No. I)
is shown on the map prepared by Peconic Surveyors, P.C. revised
August 17, 1993 as the "westerly 30-ft. wide right-of-way"
extending from a point along the northerly side of Soundview
Avenue, North 42 degrees 5 minutes 23 seconds West 623.46+-
feet, to proposed Lot No. 2 {as re-divided in this change of lot
lines}. The second right-of-way (referred herein as ROW No.
II) is shown as the "easterly 25-ft. wide right-of-way"
extending from a point 654.52 feet north of the intersection of
Soundview Avenue and Lightnouse Road, running along the westerly
side of Lighthouse Road South 55 degrees 02 minutes 20 seconds
West 201.85 feet, thence North 41 degrees 4 minutes 10 seconds
West 72.68 feet, thence South 48 degrees 00 minutes 00 seconds
West 158.35 feet to the southerly property line of proposed Lot
No. 1 {as re-divided}. The owner of proposed Lots No. 1 and
No. 2 does not own title to the lands over which this access
route is shown. Sufficient notice to the owners of said lands
has been furnished for the record. The attorney for the
applicant has assured the Board that the rights-of-way as shown
are not in dispute and the easements are deeded to the applicant
and his predecessors in title.
2. PRESENT CONDITION OF RIGHT-OF-WAY. The condition of
the base of both rights-of-way are in fair condition, and is
further noted below:
a) ROW No. I is shown at a full easement width of
thirty (30) feet, and a traveled stone roadway approximately ten
(10) feet in width;
b) ROW No. II is shown at a full easement width of
feet,.and a traveled dirt roadway width varying from 8 to 10
feet.
25
The base of each right-of-way is in need of improvement, and the
traveled portions should be widened to 12 feet and have at least
a 15 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,
'Page 3 - Appl. ~ 4184
Matter of CHARLE~LEWIS (280-A)
Decision Rendered September 20,
1993
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 Chairman Goehringer, seconded by
Member Wilton, it was
RESOLVED, to ADOPT the following standards of improvements,
and conditions, in this application for relief under the
provisions of New York Town Law, Section 280-A:
1. The entire length and base of both rights-of-way (I &
II) be improved a minimum of 12 feet in width, and have an
unobstructed clearance at 15 feet in width within the easement
areas; also, driveway areas must have an unobstructed clearance
between 12 and 15 feet in width;
2. Straightening of the turn within ROW (best possible);
3. Since approval is requested over both rights-of-way,
all potholes must be filled with bank run (20% content) for the
entire length of both rights-of-way, as well as placement of 2"
of compacted stone blend for a full width of 12 feet and entire
length, {and scarified where necessary};
4. Both rights-of-way must be kept in good condition at
all times, and continuously maintained. In the event this
right-of-way is found in poor condition, the Town may take
whatever action is necessary -- including the reopening of this
application, after due notice and public hearing, and/or require
new applications for this and/or other properties in the area
utilizing these same rights-of-way as their only legal access
routes; and
Matter of CHARLE~WIS (280-A)
Decision Rendered September 20,
1993
5. A description of the improvements to the rights-of-way,
after completed, shall be sent in writing to the office of the
Board of Appeals, before acceptance is made by the Chairman or
his authorized representative. It shall be the authority of
the Chairman (or alternate Board Member) to accept or reject the
improvements made, or require other modification for further
improvement or better maneuverability within the easement area.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Dinizio, Villa and Wilton. This resolution was duly adopted.
lk
GERARD P. 8OEHltINGER/ CHAIRMAN
/
APPEALS BOARD MEMBERS
Gerard P. Goehring~r, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOARD OF ZONING APPEALS
BOARD OF APPEAI~
TOWN OF SOUTHOLD
PUBLTC HEARTNGs
TO~ OF SOUTHOLD
September 20, 1993
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
Present :
(7:30 p.m.
HON. GERARD P. GOEHRINGER,
SERGE DOYEN, [/e~uber
JAMES DINIZIO, JR., Member
ROBERT A. VILLA, Member
RICHARD C. WILTON, Member
LINDA KOWALSKI,
Hearings Commenced)
Chairman
Clerk-Assistant to Board
ZBA Hearings 8
September 20, 1993
APPLN. NO. 4184 - CHARLES H. LEWIS -
(carryover from the August 18, 1993 hearings calendar).
Application requesting a variance as provided by New York Town
Law, Section 280-A requesting standards of minimum improvement
to the traveled bases of two separate (private) rights-of-way
for safe and sufficient access by emergency, fire and other
vehicles located as described below:
Access to Lot No. 1, as modified, with its proposed access
over a right-of-way extending from the westerly side of
Lighthouse Road, Southold, NY, over premises now or
formerly of Pantel, referred to as Parcel #1000-50-3-3.4,
and over premises now or formerly of Suffolk County,
known as Parcel #1000-50-3-3.1.
Access to Lot No. 2, as modified, with its proposed access
over a right-of-way extending from the northerly side of
Sound View Avenue, Southold, NY, in a northerly direction
over lands now or formerly of Regan, Lindermayer, Stanley,
Kudinka and/or Garcia and Sileo, referred to as Parcels
#1000-50-3-16, 7, 8, 23, 9 and/or 19.1. The subject lot
requiring Section 280-A approval is shown as new
subdivision Lot No. 2 as modified and further identified as
County Tax Map Nos. 1000-50-3-14, 15, and 16 for a total
combined area of 2.2612 acres, and which is pending before
the Southold Town Planning Board for re-division into two
lots.
ZBA Hea=ings 9 September 20, 1993
7:50 p.m. (The Chairman opened the hearing and read the Legal
Notice and application for the record.)
THE CHAIRMAN: The last time I believe there was a
brief discussion but nothing of any magnitude, so we will let
Mr. Wagner, who is representing the applicant, give us his
statement. How are you tonight?
Appearance: John Wagner, Esq.,
for the Applicant
MR. WAGNER: Good to see you again. I want to start
off by giving you a color-coded map. I have two copies for the
Board, a lot of tax parcels in the area, and I think this helps
us identify what we are dealing with better.
THE CHAIRMAN: It is certainly less busy than the
other one, I tell you. And I am usually, John, as you know,
very good with these things. I work constantly acquiring them
in the County, left and right, of which a portion of this one I
believe belongs to the County and is under the jurisdiction--
MR. WAGNER: The roadway there --
THE CHAIRMAN (continuing): But this is a very
confusing situation, having these two rights-of-way.
MR. WAGNER: A little confusing for me, too. I had to
get a title person on board to sort it out. I want to give you
a little bit of the history of the property. What you see on
the tax maps is really what was. There were three separate tax
parcels: 14 and 15, which are the smaller parcels that you see
on there are-- they have houses and other structures on them,
ZBA Hearings 10
September 20, 1993
several accessory sheds in addition to the houses. The one on
tax parcel 14, which is the flag parcel that you see on the tax
map is really uninhabitable at this time, and I think the
applicant intends to remove that dwelling and replace it with
something more modern, more usable. What had happened here is,
although there were three historical parcels that you see on the
tax map, they all came into single ownership of Charles Lewis.
I believe it was part of his mother's estate, and it was
eventually conveyed down into him in 1988 by means of three
separate deeds which I submitted with the application; and the
history to 14, 15, and 16 is different in the following respect,
and that is that the rights-of-way benefitting the parcels are
different. Both of the deeds for tax parcels 14 and 15 include
a right-of-way over a 25-foot road that sort of zigzags down to
Lighthouse Road to the east. Tax parcel 16, by contrast, has a
deeded right-of-way over a 30-foot private road that goes down
to Sound View Avenue; and that road is fairly straight until it
gets up to Lot 16. It is better-improved than the 25-foot
right-of-way. That parcel, I believe, was part of the old Hyatt
(phonetic, no spelling supplied record) property, who owned a
lot of property in here.
THE CHAIRMAN: Yes,
Hyatt Road.
MR. WAGNER: Right.
East Hyatt Road or something;
There is,
that is why Hyatt Road is named
And it's actually, this is called
there is a signpost down there.
parenthetically, there is an open development area
ZBA Hearings 11 September 20, 1993
around here that Mr. Hyatt had approved by the Town Board which
does not affect this particular property. We are here today
asking for a 280-A variance to permit the subdivision of this
property.
Now let me tell you about the subdivision. It has
been pending for a few years now before the Planning Board.
Basically it is an acknowledgement of the merger of the three
lots and the desire to redivide them into two conforming lots
under the current zoning. And we do that and we bring it up to
the current lot requirements by subsuming parts of Tax Parcel 16
into the easterly parcels; so you have also submitted to you the
map of the current subdivision which has been modified somewhat
to show the traveled portions of the two rights-of-way leading
up to the property, and you can see the areas involved.
Lot 1 is the northerly parcel --I should say the
northwesterly parcel-- and that has some wetland area that has
been identified on it, and the Planning Board has directed that
there be no access from that Lot 1 onto the 30-foot right-of-way
but that the access must be over the 25-foot right-of-way of
Lighthouse Road. They have also asked for a 75-foot buffer back
from that wetland area, which subsumes off a lot of the parcel
but still leaves a building envelope over to the northeast. The
proposal right now is --I brought both rights-of-way before the
Board for discussion. I had to go back a little bit in time to
find the basis for the rights through Lot 16 over this 30-foot
ZBA Hearings 12 September 20, 1993
right-of-way, but it does exist. There is a 1950 deed, I
believe, which I have submitted to the Board.
Depending on where the houses are actually situated on
these two parcels after subdivision has a lot to do with which
right-of2way would be used to access. Obviously the only thing
we are talking about is Lot 2 because the Planning Board has
already told us that we can only take access off the 25-foot
right-of-way for Lot 1. And that is where the building envelope
is anyway, it is over toward that side of the lot--
THE CHAIRMAN (interposing): Because of the wetland
area, I assume?
MR. WAGNER: Yes.
THE CHAIRMAN: Could I just ask you a quick question.
On Lot No. 1, the structure that you say is uninhabitable is the
one closest to the buffer area?
MR. WAGNER: Yes. There is, I think a corner of it
actually touches the (one word inaudible on tape). They asked
us to indicate at some point on the map what was habitable and
what was not. We marked it on there.
THE CHAIRMAN: So, assuming that we --that the
Planning Board would grant the subdivision which I assume are
40,000 square foot lots and that is the reason they are doing it
in an R-40 district, else it would come here-- the lot would
probably devoid of any structures then, until such time that a
dwelling was built?
ZBA Hearings 13 September 20, 1993
MR. WAGNER:
any way to salvage that house that is on there. In fact, I
think we have represented that we will remove it. There is a
foundation on that parcel, too.
THE CHAIRMAN: Right. I see it over there, yes.
MR. WAGNER: I don't know what the Board has done. I
tried to go out there and walk the property. I always do --and
met with a jungle. I couldn't get into it.
THE CHAIRMAN: I know it.
MR. WAGNER: It is unbelievable. So certainly from
the 30-foot side, which is the easiest to drive up, you just
cannot penetrate on foot.
THE CHAIRMAN: Thank you. I am sorry. Go ahead.
MR. WAGNER: So I told you a little bit about the
history; I think it sets the stage for what we are looking for
tonight. I have submitted the subdivision plat, as currently
proposed to the Building Department. Tom Fisher looked it over
and gave us an updated notice of approval (sic) in May of this
year, which we are appealing tonight through the Board, and the
only thing listed on that notice of disapproval was the 280-A
requirement of the Town Law. Obviously we are here tonight
because we don't have direct access to a public road, where we
are sort of landlocked but for the rights-of-way to give access
to the property.
Now, what do we have to show to merit the grant of
this variance? 280-A tells us that we can show either
I would say so. I don't know if there is
ZBA Hearings 14 September 20, 1993
unnecessary hardship or practical difficulty, and it used to be
--I would refer you all to that Wachsberger case for what
practical difficulty means, but now that they have amended the
Town Law as of last year to give us some specifica--
THE CHAIRMAN (Interposing): I am going to be in
serious trouble by saying this on the air, but I will say it
anyway because it will come out this way, all right: Normally,
okay, this would be referred to an Engineer for an evaluation of
the road specifications, okay. As you are aware that the
Engineers would probably come up with these specifications that
the Planning Board would require, which would be 22 feet paved.
We conceivably --I conceivably, I am not speaking for these
astute gentlemen here-- but I conceivably would never feel that--
that would be an unnecessary hardship for one house. I realize
that other people use this as an access, but I mean we are
creating one house here. One house would probably --it does
exist even though it is not usable at this particular time.
MR. WAGNER: We are basically going to be replacing
one for one anything.
THE CHAIRMAN: So whatever you would like to say in
reference to road specifications, I have specific mind after
looking at Lighthouse Road, that side --or if you want to refer
to the Lot No. 1 access, what I intend to deal with or at least
recommend to the Board, and that is width and road-base
specifications. And we go anywhere from bank-run and
stoneblend, and we go from 10 feet to 12 feet. I go from 10
ZBA Hearings 15 September 20, 1993
feet to 12 feet, in reference to road width. Certainly not an
overbearing or a hardship that would create severe monetary
expenditures on the basis of an applicant, all right; and that
is basically my opinion also.
MR. WAGNER: Certainly we have no objection to
anything that is reasonable, that does not put it out of reach
of the applicant. My applicant must be honest with you. The
applicant is up in Canada, and he has been amazed continually at
write a check to this, and write a check to that, and it is hard
to explain to him sometimes why he has to pay out all this money
before he has any kind of an approval. We just had a letter
from the Planning Board last week. They granted a sketch plan
and want now another $2,000 for the park fee. So I explained to
him once again. But I am trying to explain to him that there is
an end to all this, and we are going to end up with usable
property again.
THE CHAIRMAN: At the end of the rainbow, of course, I
should point out to you that even though this is not in the same
fire district that I live in, I have been a fireman for many
years as well as served on this Board, and we are concermed
about access. And it is one of the paramount things we are
concerned with, and that is access that is continuously
maintained so as to get fire and emergency vehicles into the
site.
ZBA Hearings 16 September 20, 1993
MEMBER WILTON: What provision would be provided
towards the end of the road for turning around, like a
tractor-trailer firetruck or something like that?
MR. WAGNER: I don't know that we have any provision
other than to pull into the driveway and back out again. I tell
you candidly when I drove in myself, through the 25-foot
right-of-way, the thing I was most concerned I might find was
that the turn around those little ninety-degree turns would be
tight, really hard for a truck to get in, for exampale.
THE CHAIRMAN: Really tight.
MR. WAGNER: And I didn't find that much trouble. The
biggest problem I had was with cars parked in the right-of-way,
you know. I don't know what we can do about that. This is from
users further down the right-of-way from us.
THE CHAIRMAN: Those are really a request the Chief
has to make from the Fire Department, and the Fire Departments
usually go out on a yearly basis and inspect their own
rights-of-way. I am talking about difficult access, okay. And
we have in Mattituck written to several people and told them
that they presently are blocking areas that are conceivably
areas that access is required over at certain times, and you
can't do it. And you are subject to being towed, you are
subject to being pushed, you are subject to destruction of the
vehicle or whatever the case might be. And these are thlngs
people have to bear in mind once they are warned. And that is a
problem. It is something that we can't control here. It has to
ZBA Hearings 17 September 20, 1993
be controlled within its
the access.
problem.
MR.
own fire district. We can only provide
If people attempt to block the access, then it is a
WAGNER: To answer the question though, I think it
is conceivable we could provide some means of backing and
turning motion onto the property. I don't know that we have the
facility for a cul-de-saclarge enough to support a large rig,
but we could do something here. And there might also be --
might be some way to provide some access for emergency purposes
from the 30-foot right-of-way. When I drove up there, I noticed
there is a house right across that had a fire in it not too long
ago. They are renovating the whole upper floor, so somebody had
been down there before to put that out. That's a nice road,
though. It is a nice straight road and you could conceivably
clear a path through or something for access from that road.
Right now, as I say, it is impenetrable, but you know we can
change that, providing the Planning Board doesn't come up with a
Conservation easement or something to surprise us. But I want
to just go down the criteria with you in the context of the
history I gave you, just so we can make a record on the variance
request.
Basically, the practical difficulty standard has now
been sort of codified in the statute, and that codification has
taken into account standards from a lot of different cases, but
there is some consistency among them. The ultimate question
that the ZBA has to determine is the benefit to the applicant if
ZBA Hearings 18 September 20, 1993
the variance is granted, as opposed to the detriment to the
health, safety and welfare of the community or neighborhood by
the grant of the variance; and that is the general question.
Then they give you several factors to consider. One is whether
an undesirable change will be produced in the character of the
neighborhood or a detriment to nearby properties will be created
by the granting of the variance.
Well, obviously, my opinion on this is that there will
be no detrimental change in the neighborhood. There were two
houses there historically. We are only proposing by the
subdivision to have two houses now -- however, on larger
conforming lots.
Another point that should be made is that this
property has been dormant and fallen into disrepair for some
time. To grant the subdivision, to allow us to market the
property under today's zoning restrictions will allow money to
come into the property and put it back into repair. I think it
will become an asset to the neighborhood rather than an eyesore,
as it to some extent is now.
Another factor is whether the benefits sought by the
appoicant can be achieved by some method feasible to pursue
other than a variance. Well, that sort of speaks for itself.
The property is really landlocked but for the rights-of-way to
provide access to it; that is, legal access. I don't see any
prospect a public road will ever be installed to access this
ZBA Hearings 19 September 20, 1993
property. Just looking at the layrof-the,-land, I don't see any
scheme that will allow that to happen.
The next criterion is whether the requested variance
is substantial. Well, that is difficult to quantify when you
are dealing with a 280-A variance. We are not talking about so
many feet here as opposed to what the Code requires. I think it
should be noted, however, that again two houses have
historically been on the property,
houses by the current subdivision,
in density or in population.
and we are proposing two
so it is really no net change
Another factor is whether the proposed variance will
have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district; and,
again, the subdivision, if it is allowed to proceed based upon a
variance granted by this Board, will allow the cleanup and
productive use of this property, which has been dormant and in
disrepair,.and I think that would provide a benefit to the
physical and environmental conditions of the neighborhood and
make it a nicer place to live. And --I should point out also as
I did earlier-- that the subdivision contemplates establishment
of the 75-foot buffer from the wetlands, which will preserve
some of the environmental concerns regarding the property,
concerns that probably didn't exist when, historically, this
place came to be; and whatever improvements the Board would come
up with, I am sure will benefit the community as a whole. Other
ZBA Hearings 20 September 20, 1993
people using the rights-of-way, it is not just for this
particular applicant.
Basically, that is my presentation. I think that on
the basis of all this, and subject to whatever feasible
conditions the Board might come up with, I respectfully request
that the variance be granted.
THE CHAIRMAN: Okay, we have two gentlemen in the back
who would like to speak, and I did ask them to --I am
understanding this right-of-way situation a little bit better
than I did the last time I had spoken to you, sir; and it is not
that I am thick, I assure you, it is just that I found it a
little disconcerting why we would end up having to do 280-A over
both rights-of-way, and now I understand the reason why. But
you are welcome to speak as long as you give me your name again
for the record.
R E G I N A L D M I N E R : My name is Reginald
Miner. I have the property that adjoins Lewis' property.
THE CHAIRMAN: Right. I know you are concerned.
MR. MINER: I am concerned that the access to Lot No.
1 is going to be right up against my property, which would be
less than ten feet from physically my house. From what I was
told when I bought this property three and a half years ago,
that my property alone with the Rubin (phonetic, no spelling
supplied record) property and the Lewises property at one time
had all belonged to the same party, and that all of these houses
were main house, cottages, and so forth, that were associated
ZBA Hearings 21 September 20, 1993
with this whole up estate up in that piece of property. I
didn't know about the Planning Board not allowing the 30-foot
right-of-way at the top, the northwestern not be able to be
used. I can't understand that because actually the wetlands
that is shown on this is really --I am a novice at this, but in
three and a half years I have never seen any water there, and I
have walked the property, the Hyatt Road and this deserted two
lots, many, many times, and I have never seen any water there.
It would seem to me that that 30-foot-right-of-way would be the
ideal entrance to Lot No. 1, especially considering that along
the property line between Lot 1 and the Moss (phonetic, no
spelling supplied record) property and the Southold Park
District is where LILCO has all of its transmission lines coming
in to feed the area.
THE CHAIRMAN: I completely understand what you are
saying, and certainly the access over the northwesterly portion
of that property, but that is not within our forte, and I have
no idea why the Planning Board did that, okay. You haven't
spoken to them at all?
MR. MINER: I didn't even know that they had ruled
against it.
THE CHAIRMAN: Okay. What is the timeliness on this
thing? Can M~. Miner go and ask them the reason for these?
BOARD CLERK: There is a report in there from the
Trustees, there is wetlands there.
THE CHAIRMAN: So there won't be any change in there.
ZBA Hearings 22 September 20, 1993
MR. WAGNER: One of the things the 75-foot setback
does is, it takes us out of the Trustees' jurisdiction. If I
were to do anything within there--
THE CHAIRMAN (interposing): Then you got to go back
to them?
MR. WAGNER: Yeah, I'd be in an adjacent area, to
wetlands under their Code, and I'd have to go to them for a
permit. I think the Planning Board was simply looking to
preserve whatever they found-- they must be looking at
vegetation as opposed to standing water; and they came up with
that requirement a few years back.
plan approval for this week, yes.
MEMBER DOYEN: Just this
They just granted sketch
And--
gentleman --I don't know if
you quite picked up on what he just said, wetlands is not
determined by land that is just wet.
MR. WAGNER: I understand that.
MEMBER VILLA: Yes, but what he also said is that the
reason that he didn't do it is that he didn't want to make a
permit, to make a request for a permit to the Trustees. If you
made a request, you might have gotten it.
MR. WAGNER: That is a point that I made after the
fact. This 75-foot buffer was foisted upon me long before
that. I tried to rationalize to myself. I said, well, I guess
we can live with it because we have to make an application to
the Trustees anyway. That was something that the Planning staff
came uD with, not at my suggestion.
ZBA Hearings 23 September 20, 1993
MEMBER DINIZIO: You are certainly within your right
not to protest that. You know, I mean, you have gone by the
75-foot right-of-way and--
MR. WAGNER: Historically we had nothing on that area
of the property anyway, just a small corner of the pre-existing
structure. We do have an adequate building envelope elsewhere,
so it just didn't seem something worth fighting.
THE CHAIRMAN: Let's go back to the present situation
on Lot No. 1, and let's take a look at it, because I know that
this is the area that concerns this gentleman mainly.
MR. MINER: Well, the second proposal that I thought
parhaps maybe could be done, worked with, and I have no
objection to the lots being formulated in this way. In fact, as
this gentleman has said, nothing has been done on these lots
for any period of time, and they are jungles, and even in Lot
No. 2 where there is a house, I mean, the windows are broken in
the house, The door is open. There is weeds growing right
through the middle of the house, I mean, I don't know how
anybody can even occupy that house-- I would be satisfied if
some sort of compromise could be come up with that would allow
the access to Lot No. 1 through Lot No. 2, with a buffer between
my house and the driveway.
MR. WAGNER: Could I speak about that?
THE CHAIRMAN: Yeah, I think he just said -- you got
sketch plan approval already?
ZBA Hearings 24 September 20, 1993
MR. WAGNER: Yes, the layout.
suggestion in their sketch-plan approval
granting some kind of an easement to the
I should say it was a
that we consider
other parcel. Let me
say this: The sketch as currently designed is identical to the
old tax parcels. We have an 18-foot-wide flag, at least it is
18 feet where it hits the 25-foot roadway; then it diverges from
there, as it gets further back. I looked at the Code this
afternoon to see if there was some minimum standard in the Town
for width of a driveway, and I don't find any per se.
BOARD CLERK: It is 15 feet.
MR. WAGNER: It is 15 feet? There is something on
access for 15 feet for the flag, but that doesn't say anything
about paved width running--
MEMBER DINIZIO: There is none.
MR. WAGNER: I think you could probably get by with a
ten-foot paved width; and with that in mind, I was going to
suggest that to mitigate the impact on Mr. Miner's property, we
could agree to keep the paved portion of the road hugging the
--I guess that is the southwesterly side of that strip. That
would give at least eight feet more against your property. You
are about 7.9 feet from the line; we'll give you another eight
feet, so now you have doubled your sideyard. I am really loath
to suggest to the client or to enforce on a client that we start
getting into an easement situation across the other lot, because
no one is going to want to have a right-of-way going through the
front yard of that house. Anybody who wants to buy that house,
ZBA Hearings 25 September 20, 1993
why should they have the driveway for the house next door going
right across their front lawn? We are willing to compromise,
and I think that what I have suggested is a degree of
compromise. The house was there. Mr. Miner bought into the
situation. I appreciate the situation that he is in. I think
that if we moved the driveway down to the far side, I mean it
would not cause any trouble. I can't imagine that we would need
any more than a ten-foot-wide actual paved surface to travel on.
THE CHAIRMAN: Certainly to ingress and egress out of
the lot itself, yes. But the right-of-way will probably have to
be --When I say the right-of-way, I am referring to the
right-of-way, the existing right-of-way--
MR. WAGNER: You mean the 25-foot--
THE CHAIRMAN: It would probably have to be about
twelve.
travel--
MR. WAGNER: I think that's wider than the actual
BOARD CLERK: Fifteen unobstructed.
MEMBER DINIZIO: It's got to be eighteen.
MEMBER VILLA: It doesn't say, just shows a color.
MR. WAGNER: Again, that is subject to your
discretion, what you want to do about that.
THE CHAIRMAN: We had suggested that at the last
meeting; after the meeting we talked --Jimmy and I at least
talked about it.
MEMBER VILLA: This just says dirt road.
ZBA Hearings 26 September 20, 1993
MR. WAGNER: I have discussed it with my client
because I have spoken with Mr. Miner at least two times, and
asked him what he wanted to in respect to that. There is an
existing dirt road on that old tax parcel 15; but that I think
was primarily to service the house that is on that parcel.
MR. MINER: As it goes past that so-called shed which
is here, it swings back; and if they used that present dirt road
and then swing right back to my property line, I would have no
objection because it would by-pass the house. What I am
concerned about, as far as going up and down the driveway, right
by the house itself. The upper part of my property, the
northern part, I don't care whether it's right alongside my
property line. It is immaterial to me.
MR. WAGNER: Again, think of this though. It is
really what we are talking about. Maybe two to four trips a
day, at most. It is not a traveled road. It is a driveway to a
house. Somebody goes to work. They come home again. Maybe
they go out shopping. So it is not something that is going to
keep you up all night, let's put it that way.
MR. MINER: No, provided there are no teenagers.
MR. WAGNER: Well, you know, the problem with
teenagers when they get a nice straight road, they like to put
the pedal to the metal, and we don't have that kind of distance
here.
MEMBER DINIZIO: And, again, think about it this way:
Had there just been one lot, and he could have a driveway 6
ZBA Hearings 27 September 20, 1993
inches away from the property line, and you know there is really
not a lot you can do about it. If you can get him to at least
agree to give you eight feet of something that is growing there,
he is out of your living room, anyway.
MR. WAGNER: It is sixteen altogether, from the corner
of your house.
MEMBER DINIZIO: That is my suggestion.
THE CHAIRMAN: Okay. Yes?
T O M M U R R A Y : My name is Tom Murray. On the
map here where it has the dirt road, would that be prohibitive
from your Board to approve a right-of-way utilizing that dirt
road or bringing that dirt road over more towards the right?
THE CHAIRMAN: To answer your question, Mr. Murray,
what has been basically mentioned here --and I will use the
phrase "on the table" by Mr. Wagner-- is something that we are
not going to or able to grant at this particular point. We are
only granting access to that 18 feet. That is where our access
is stopping right there (indicating). Where you see that arrow
pointing to, that is where it stops.
BOARD CLERK: It is not the right-of-way we are
putting. It is the access over the right-of-way.
MR. MURRAY: It is not the flag part.
THE CHAIRMAN: It is not the flag part.
MR. MURRAY: I don't know what you mean.
THE CHAIRMAN: Give him a point there. Do you want to
come up here?
ZBA Hearings 28 September 20, 1993
2, Lot
lot.
MEMBER VILLA: It is 18 feet wide and goes back to Lot
1 rather. They call it a flag. It is access to that
THE CHAIRMAN: What he is giving you is exactly what
you are going to have -- We have had Mr. Wagner before, with
granting gas stations and what have you. What he says he is
going to give you, he is going to give you. There is no
question. This man is above-board all the way. Okay.
MR. WAGNER: I appreciate that.
THE CHAIRMAN: Really, I am serious, John. We hav~
always had great communication with you, okay; but we can't
grant, we are not going to grant into the lot is what we are
saying to you.
MR. WAGNER: Where that dirt road is.
THE CHAIRMAN: Yes. We are only granting, where you
see the arrow come down, that's it.
MR. WAGNER: We have to go back to the Planning Board
anyway for final approval. We are not done with that.
MR. MURRAY: Okay.
THE CHAIRMAN: So just make sure the road is over to
the 8 feet against the property line of Lot No. 2 and that is
really all you have to worry about --I am not saying "all", it
is not a generalization-- but--
MR. MURRAY: What would be the makeup of that 8 feet
that would not be paved?
THE CHAIRMAN: It is up to the property owner.
ZBA Hearings 29
September 20, 1993
MEMBER DINIZIO: See, the nature of this application
is such that that is the shape of the lot; just as Mr. Miner has
an odd-shaped lot with that little flag there, where he has his
well; and he can cut that grass, he can let it grow, he can do
with it what he would like. This person can do that same
thing. Okay. It is merely because it is 18 feet wide, it is
not the nature of our application here. The man has to get to
his lot, to his house through that; and basically what you have
come here for and he is giving you --more or less out of the
goodness of his heart-- because he is entitled to what he has.
He is entitled to that full 18 feet. He'll give you the ten
feet or eight feet and let it grow or maybe put some bushes in
there, or maybe you could offer to put some bushes there or
something and work that way. But there is nothing that the
Town, or at least this Board, can do on that particular flag
that would protect Mr. Miner, Mr. Miner's living room. Other
than what .the applicant would like to give you.
THE CHAIRMAN: And the interesting thing was, when I
went· up and saw the blackboard in the meeting room, I said,
"This is great. Now we can draw it." (Laughter) And all of a
sudden, we ended up in the Board room, without a blackboard.
Does anybody have any other questions?
questions.
MR. MINER: What happens now?
the Planning Board?
I hope that answers your
This has to go back to
THE CHAIRMAN: It will go back to the Planning Board.
ZBA Hearings 30
September 20, 1993
MR. MINER: I missed it, but what exactly is the
Planning Board going to make a decision on now?
THE CHAIRMAN: The complete application.
MR. MINER: The whole application?
THE CHAIRMAN: Yes.
MR. WAGNER: They have to grant the subdivision of two
lots.
MEMBER VILLA: And if you went to them and voiced your
objection, and they took it into consideration, they could
possibly change it; but that is between them and you.
MEMBER DINIZIO: See, I looked at it differently.
looked at the lots and said, "Boy, it would have been nice
I
if
they just jogged it right around; they could have both used that
same right-of-way and everybody would have been happier." But
it Seemed like this is the way if kind of fell.
MEMBER VILLA: Yes, that is what I looked at, too.
THE CHAIRMAN: If the lots were 39,000 square feet, we
would be granting the subdivision; but since they are forty and
over, that is why they have it. Okay? Anybody else have any
other questions of either the attorney or --
(There was no response.)
THE CHAIRMAN: Hearing no further questions, I make a
motion closing the hearing and reserving decision until later.
(Seconded and carried; see Clerk's Minutes.)
THE CHAIRMAN: Thank you very much, gentlemen, for
coming in. Nice seeing you again, John.
August 4,1993
ZBA
Board of Appeals Town of Southold
Att: Linda Kowasky
Ref: Petition of Charles H. Lewis
To whom it may concern:
As the owner of the property next to Mr. Lewis, I have to
object to the proposed variance for which he has applied because of
the following reasons:
1)
The access road to plot #1 would be less than six (6) feet from
my house. Two bedrooms and my living room are located at that
end of the house, as well as, a section of outside patio.
2)
My well is located in the shed that would be right on the access
road and within fifty (50) feet of lot #1 and #2 proposed
building envelopes. One hundred fifty (150) feet distance from
my well would cover almost entirely the building envelope #1.
Andre Rubin's well would also be within 150 feet of the proposed
lot #1 building envelope.
3) Lot #1 would be turned into a flag lot upon which the town has
frowned in the past.
4)
My property value would be greatly diminished along with the
privacy that I currently enjoy. The Lewis property has not been
used in at least the three(3) years that I have owned the
property, and the former owner of my home also informed me that
it was not used for at least three(3) to five(5) years before
that.
Please take these objections into consideration before
approving this variance.
_~k yo,u,
Reginald A. Minor
AUG ' 9m IIlll
Andree Rubin
210 w.78th st.
N.Y.C.N.Y. 10024
To Whom this may concern:
I, Andree Rubin, the owner of area #3 lot #13 address 260
lighthouse Rd. Southold, NY 11971. My property is adjacent to the
property of Charles lewis. I am opposed to having the access road
so close to my border. Because this is an extremely quiet area, the
presence of the road would diminish the value of the property,
invade my privacy,and deprive me of the peace & quiet that I need
as I recuperate from a recent stroke.
thank~~you ~
Gerard P. Goehringer, Chairman
Zoning ]3oard of Appeals
Town of Southold, Town
-.outho]_d, I..Y 11971
1050 ~/att Road
P. O. fJox 1].9
oon uhold ]IY 1
August 4, 199
Dear~._"~, GoehriD. zer.. mad members of 'the board:
We have received notice of an application for a
v~.riance on Charles Lewis' property to permit a
two-lot minor subdivision of -the property 1000
50 - 03 - 14,15,end 16.
;is adjacent property owners (lots 50 - 1 - 12 and
13) we have no objection to this change, but we will
call attention to the fact that we have ~ 30-.foot
right o'f way across l¥]r. Lewis' propert~vhere ~t
adjoins our lots. This feet was confirmed once more
by a title sesrch conducted by Wickham, Wickham &
?]ressler in June, 1978. They told us -that althou~h
we are entitled to use the entire 30' right of way
it would probably only be necessary to develop
part of it into a roadwsy and thus save a few trees.
We have no plans at this time to develop a roadway.
Sincerely,
Adt~'e Terry l~Z~nan ~
cc to
Charles H. Lewis
710 Esperance
Tec~nseh, Ont N8NIW?
Canada
PLANNING BOARD MEMBERS
Richard G. Ward, Chairman
George Ritchie Latham, Jr.
Bennett Orlowskl, Jr.
Mark S. McDonald
Kenneth L. Edwards
Telephone (516) 765-1938
Septentber 14, 1993
John Wagner
Esseks, Hefter & Angel
108 East Main Street
P.O. Box 279
Riverhead, New York 11901
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
SCOTT L. HARRIS
Supervisor
Town Hall. 53095 Main Road
P. O. Box 1179
Southold. New York 11971
Fax (516) 765 - 1823
RE:
Minor Subdivision for
Charles H. Lewis
SCTM# 1000-50-3-14, 15 & 16
Dear Mr. Wagner:
The following resolution was adopted by the Southold Town
Planning Board at a meeting held on Monday September 13, 1993:
Be it RESOLVED that the Southold Town Planning Board grant
sketch approval on the map dated August 17, 1993 subject to the
following conditions:
1. 280-a approval from the Zoning Board of Appeals.
· 2.
There is to be no disturbance or alteration of the soils or
vegetation within the 75 buffer area adjacent to the
wetland. This restriction must be contained in a
Declaration of Covenants and Restrictions.
As indicated on the map, there exists a dirt road which provides
access to Lot Number 2. It is suggested that an easement be
provided over Lot Number 2 for access to Lot N~er 1 over the
existing dirt road.
Charles Lewis
September 14, 1993
Page 2
The Planning Board's files contain one map with a stamp dated
October 24, 1990, from the Suffolk County Health Department
noting that the subdivision is exempt from Article VI, Section
609. Five (5) paper copies and two (2) m¥1ars of the final map
all containing this stamp must be submitted before the final
hearing will be scheduled. Sketch plan approval is conditional
upon submission of these maps within six months of the date of
sketch approval, unless an extension of time is requested by the
applicant, and granted by the Planning Board.
The sketch plans have been referred to the Suffolk County
Planning Commission for review. You will be notified upon
receipt of the report from this agency. The Planning Board may
require additional covenants and restrictions upon review of the
report and review of the final maps. Therefore, it is not
necessary to prepare the draft Declaration of Covenants and
Restrictions at this time.
The'sketch plans have also been referred to the Southold Fire
District for their recommendation as to whether a firewell is
necessary for fire protection. You will be notified under
separate cover if the Planning Board will be requiring a
firewell as part of any subdivision approval.
The Planning Board has reviewed the property and has decided
that it is inadequate in size for a reservation of land for park
and playground use. Therefore, a cash payment in lieu of land
reservation will be required as per Section A106-38 (E) of the
Town Code. The amount to be deposited with the Town Board shall
be $2,000.00 (two thousand dollars per lot for each vacant lot
· in the subdivision.) Payment is required prior to any final
endorsement of the subdivision.
Please contact this office if you have any questions regarding
the above.
Sincerely,
Richard G. Ward
Chairman
cc:
Zoning Board of Appeals
Richard Caggiano, Greenport Village Administrator
Gerald Hickson, Asst. Superintendent, Water Utility
Dept.
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. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Re:
Appeal No. 4184 - Charles Lewis - modification and
rearrangement of lot area for two lots (instead of
present three lots).
the
I asked Melissa, Planner with the Planning Board, whether or not
the Planning Board would be requiring improvements over the
driveway or access area within the perimeter of the subdivision
land, and she indicated the Planning Board will not -- even
though the new regulations for subdivision of one or two lots
may provide for it. In this case, they feel it is not
necessary since it is more of a driveway in those locations.
The Planning Board and Melissa will be discussing a resolution
to commence SEQRA and sketch plan approval at tonight's Planning
Board meeting and will keep us advised of any changes.
9/13/93
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FOR PARCEL NO.
SEE SEC. NO.054-r;'
esseKs, HefteR & ANGEL
COUNSELORS At LAW
RIVERHEAD, N.Y, 11901
P. O. Box 570
WATEr MILL, N.Y. 11976
(516) ?26 663.3
Town of Southold
Zoning Board of Appeals
Town Hall
53095 Main Road
P.O. Box 1179
Southold, NY 11971
August 18,
ATTN: Ms. Linda Kowalski
Re: Application of Charles H. Lewis for Variance
of Town Law ~280-a
Dear Ms. Kowalski:
Enclosed please find seven (7) paper prints of a subdivision
map of the subject property, last revised August 17, 1993 to show
the travelled portions of the rights-of-way giving access to the
subject property.
If you require anything further from the applicant or this
office, please contact me.
/JW
Encls.
Very truly yours,
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
July 28, 1993
ZONING APPEAL APPL. NO. 4184 - CHARLES H. LEWIS
Transmitted herewith is Zoning Appeal App. No. 4184 - CHARLES H. LEWIS
together with a letter from John Wagner of Esseks, Hefter & Angel dated
July 27, 1993, a copy of a leter from John Wagner of Esseks, Hefter & Angel
dated July 23, 1993, the Notice of Disapproval from the Building Department,
the Short Environmental Assessment Form, the Questionnaire from the Zoning
Board of Appeals, copies of the deed, the Notices to Adjacent Property Owners,
and a copy of the Land Division Map.
Judith T. Terry
Southold Town Clerk
JANE ANN R. KRATZ
ESSeKS, HeFTeR & ANGEL
COUNSELORS AT LAW
108 EAST MAIN Street
P. O. Box 279
F~IVERhEAD. N,Y. il90I
{516) 3691700
July 27, 1993
BY HAND
Town of Southold
Zoning Board of Appeals
Town Hall
53095 Main Road
P.O. Box 1179
Southold, NY 11971
ATTN: Ms. Linda Kowalski
Re: Application of Charles H.
of Town Law ~280-a
Lewis for Varianoe
WATER MILL OFFICE
MONTAUK HIGHWAY
P. O. Box 570
WATER MILL. N.Y. 11976
(5161726 6633
Dear Ms. Kowalski:
Enclosed, for filing with your office, please find an
original Notice to Adjacent Property Owner, on which the
affidavit of mailing has been completed and to which are annexed
the original certified mail receipts.
I also enclose herewith three (3) prints of a subdivision
map of the subject property, last revised July 26, 1993. An
additional four (4) prints of the subdivision map will be
delivered directly to you by the surveyor, John Metzger.
If you require anything further from the applicant or this
office, please contact me.
/JW
Encls.
Very truly yours,
John M. Wagner
JOHN m. WAGNER
ESSEK$, HEfTeR & ANGEL
COUNSELORS at LAW
108 EAST MAin STREET
P. O. BOX 279
RIVeRHEAD, N.Y. 1IgOI
July 23, 1993
MONTAU K HIGHWAY
P. O. Box 570
WATER MILL, N,Y, 11976
(516) 726 6633
BY ~
Town of Southold
Zoning Board of Appeals
Town Hall
53095 Main Road
P.O. Box 1179
Southold, NY 11971
ATTN: Ms. Linda Kowalski
Re: Applicatlon of Charles H. Lewis
of Town Law S280-a
for Variance
Dear Ms. Kowalski:
Enclosed, for filing with your office, please find the
following materials in connection with the above-referenced
application to the Zoning Board of Appeals:
1. Copy of Notice of Disapproval, dated May 24, 1993;
2. Original application for variance;
3. Short Environmental Assessment Form;
4. Zoning Board Questionnaire;
5. copies of the following deeds:
Liber 3101, Page 331
Liber 10859, Page 268
Liber 10859, Page 270
Liber 10859, Page 272
(dated June 12, 1950)
(dated October 28, 1988)
(dated October 28, 1988)
(dated October 28, 1988)
6. Copy of authorization from Charles H. Lewis; and
ESSEKS, HEFTER & ANGEL
Southold Town Zoning Board of Appeals
July 22, 1993
Page 2
7. A check, in the amount of $250.00 and payable to the
"Southold Town Clerk," representing the filing fee.
I intend to submit, in connection with the application,
prints of a subdivision map of the subject property previously
considered by the Planning Board. At this time, however, the
surveyor is making changes to that map in accordance with
discussions I have had with the Building Department. I expect to
receive the revised maps within the next two business days. Upon
receipt thereof, I will send to copies of the map and notices of
the application to the adjoining and neighboring landowners, and
send four (4) prints of the map and the original signed and
notarized "Notice to Adjacent Property Owner," together with
certified mail receipts, to your office.
Please schedule the enclosed application for a hearing
before the Zoning Board of Appeals at the earliest possible date.
If you require anything further from the applicant or this
office, please contact me.
The enclosed application, and the supporting documentation
submitted therewith, should be deemed the "notice of appeal"
required by Town Law §267-a(5).
/JW
Encls.
cc: Thomas J.
Very truly yours,
John M. Wagner
Fisher, Building Inspector
Copies of Legal Notice mailed to the following 9/7/93:
Mr. and Mrs. John Shack
1265 Shore Drive
Greenport, NY 11944
Mr. Edward Williams (Builder-Agent for Mr. and Mrs. Shack)
150 Seawood Drive
Southold, NY 11971
Mrs. Barbara Kujawski
175 Sound Avenue
Mattituck, NY 11952-1113
Richard F. Lark, Esq. (Attorney for Co-Owner John Kujawski)
Main Road
Cutchogue, NY 11935-0973
John M. Wagner, Esq. (Attorney for Charles H. Lewis)
108 East Main Street
Riverhead, NY 11901-0279
PUBLIC HEARING
BOARD OF ZONING APPEALS
TOWN OF~SOUTHOLD
August 18, 1993
(7:30 p.m. Hearings Commenced)
Present :
HON. GERARD P. GOEHRINGER,
Chairman
SERGE DOYEN, Member
JAMES DINIZIO, JR., Member
ROBERT A. VILLA, Member
RICHARD C. WILTON, Member
HARVEY A. ARNOFF, ESQ., Town Attorney
LINDA KOWALSKI,
Clerk-Assistant to Board
ZBA Hearings 37 August 18, 1993
APPLICATION NO. 4184 - CHARLES H. LEWIS
for a Variance as provided by New York Town Law, Section 280-A
requesting acceptance of minimum improvements within a private
right-of-way for safe and sufficient access by emergency, fire
and other vehicles to:
Lot No. 1, as modified,
right-of-way extending
Road, Southold, NY, over premises now or formerly
of Pantel, referred to as Parcel #1000-50-3-3.4,
and over premises now or formerly of Suffolk County,
known as Parcel #1000-50-3-3.1.
with its proposed access over a
from the westerly side of Lighthouse
Lot No. 2, as modified, with its proposed access over a
right-of-way extending from the northerly side of Sound
View Avenue, $outhold, NY, in a northerly direction over
premises now or formerly of Regan, Lindermayer, Stanley,
Kudinka and/or Garcia and Sileo, referred to as
Parcels #1000-50-3-16, 7, 8, 23, 9 and/or 19.1. The
property to which this application is requested for access
and standards sufficient for emergency vehicles is shown as
Parcels #1000-50-3-14, 15, and 16 for a total combined area
of 2.2612 acres, and which is pending before the Southold
Town Planning Board for rerdivision into two lots.
8:20 p.m. (The Chairman opened the hearing and read the Legal
Notice and application for the record.)
ZBA Hearings 38
August 18, 1993
THE CHAIRMAN: On the agenda is in behalf of Charles
H. Lewis. I have a copy of a survey dated October 24, 1989, and
revised on July 26, 1993; and I have a copy of the Suffolk
County Tax Map indicating this and surrounding properties in the
area. The lots in question are two presently and personalty
improved lots. Who would like to be heard concerning this?
Could you state your name for the record please.
R E G I N A L D M I N E R : Yes. My name is
Reginald Miner. I am the neighbor to the east of the two lots
that are in question.
THE CHAIRMAN: Okay.
MR. MINER: My objection is the fact that the access
road coming into Lot No. i, the northerly lot, would put the
access road within six feet of'my house and my living area. My
Living room on the first floor, my two bedrooms on the second
floor, plus a patio behind the house -- All would come in
contact with this access road. He has not used the property, as
far as I can tell, in talking to the previous owners. I have
owned this piece of property for three years-- approximately for
the last fifteen years. I have no problems with him dividing
the lots up, and so forth, making two separate building lots.
My main concern is my well in the back which is on the property
line and also the access road coming in, into that plaid-marked
Lot No. 1.
ZBA Hearings
39 August 18, 1993
anything?
THE CHAIRMAN: What do you propose that we do,
MR. MINER: Well, if you look on the survey, there is
a dirt road coming in on Lot No. 2; and that goes up north
towards Lot No. 1 past what is presently now a gazebo. I think
on the survey it is a shed. If it came up through the dirt
road, then head east past that gazebo, and then follow the
property line to Lot No. 1, I would have no problem with that.
That would give me probably about 20 feet between where the
access road and the house portion of my property is.
THE CHAIRMAN: Okay, could I ask you a favor? We are
requesting maps that are being drawn, which you probably are
aware of, by the attorney representing this applicant. Possibly
you could take a highlighter and a copy of this and highlight
~hat specific area which you are requesting, so that we have it
down pat.
MR. MINER: Okay, it does show on a survey of the
property, and I believe I gave a copy of the various surveys;
but I would be more than happy to put it on another survey copy
and--
THE CHAIRMAN: Would you just highlight it for us
because this tends to be a little confusing, and feel free to
come back at the next hearing, ~ssuming we have the maps bY
then, which will be in September.
ZBA Hearings
40
August 18, 1993
MR. MINER: Just one question: Did you receive a
letter from Mrs. Rubin, Audrey Rubin?
BOARD CLERK: It should be on top there if we have it.
THE CHAIRMAN: I will check.
MR. MINER: She sent me a copy in case you didn't
receive it.
THE CHAIRMAN: Yes, I did.
MR. MINER: Okay. Thank you.
THE CHAIRMAN: Thank you.
THE CHAIRMAN: Is there anybody else who would like to
speak? We did have a request from the attorney to postpone this
to the next regularly scheduled meeting, assuming that the maps
are forthcoming by then. Seeing no hands, I will make a motion
recessing the hearing to the next regularly scheduled meeting.
(Seconded and carried; see Board Clerk's Minutes.)
THE CHAIRMAN: Thank you for coming in, sir.
(End of 8/18/93 Hearings)
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
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
August 2, 1993
TO WHOM IT MAY CONCERN:
Enclosed with this letter is a copy of the Legal Notice, as
published in the Town's official newspaper (Long Island
Traveler-Watchman, Inc. located in Southold, NY). The Legal
Notice outlines a generalized description of the relief or use
requested in your application, the location of the property, and
.the time, date and place of the public hearing.
Please have someone appearin your behalf at the time
specified in the event there are questions (and to prevent a
delayin finalizing your application). Your public hearing will
not start before the time allotted in the attached Legal
Notice. Additional time will, of course, be available.
:If your presentation is lengthy, a draft or final written copy is
· always appreciated~
: Ih the event you wish to amend your application to include
other relief and other sections, of the Code to be considered, you
must file separate application forms, obtain a new Notice of
Disapproval from the Building Inspector, and submit the
additional filing fee.. You must notify our office prior to the
advertising of the present application for the amendments. Once
the application has been advertised, a separate application would
be then be required for additional relief.
Please feel free to call our office if you have any
questions or wish to update your file prior to the hearing date.
Yours very truly,
Enclosure
Linda Kowalski
NOTICE OF
~PUBLIC HEARINGS
NOTICE IS HEREBY
GIVEN, pursuant to Section
~67 of the Town Law and the
~ode of the Town of
~outhold, that the following
~ublic hearings will be held by
he SOUTHOLD TOWN
3CARD OF APPEALS, at
he Southold Town Hall,
73095 Main Road, Southold,
'qew York 11971~ on
NEDNESDAY, AUGUST 18,
i993, commencing at the
Jmes specified below:
1.7:32 p.m. Appl. No. 4180-
IOAN AND ROY BERMAN
Continued from 7/22/93
neeting). Variance for expan-
.ion of accessory storage-
~arage building which was
ecently altered under Permit
qo. 20895 issued 8/18/92 and
vhich addition will be in ex-
ess of 20% lot coverage
imitation for all buildings.
~roperty Location: 520 Rabbit
~ane, East Marion, NY; Parcel I
~rO. 1000-31-18-11. This pro-
,erty is nonconforming at aI
ize of 2614+ sq. ft.
2. 7:35 p.m. AppL No. 4188-
~.USSELL IRELAND, JR.
or a Variance to the Zoning
)rdinance, Article XXIII,
ection I00-239.4B for' per-
~ission to construct open
/alkway between :.the
ulkhead and the existin
eck addition at the rear of
he dwelling, which deck was
equired to be modified under
lppeal No. 4163 on May 11,
993 with a 15-ft. setback
rom the bulkhead rather than
'as built." Location of Pro-
,erty: 5400 Great Peconic Bay
toulevard, Laurel, N.Y.;
)istrict 1000, Section 128,
;lock 2, Lot 12. This parcel
ontalns a total area of 43,402
4- ft. and is located in the
~-40 Low-Density Residential
one District.
3.7:40 p.m. Appl. No 4189-
ALVATORE W. CAMPO for I
Variance to the Zoning Or-
inance, Article III-A, Section
)0-30A.3 for permission to~
instruct addition to dwelling
ith an insufficient (front
~rd) setback from Landing
nth Road (unimproved). This
arcel has two front yard
teas, contains a total area of
5,175 sq. ft., 100 ft. frontage
cng the south side of Clear-
eve Avenue and 251.75 feet
cng the westerly side of
lOOO-~o-t.a.i. , .
,~
Landing Path ~ (unim-I
· proved), Southoli~,, NY; Coun-
ty Tax Map District, Section/
70, Block 09, LOt 53.
4. 7:45 p.m. Appl. No. 4185-
THOMAS J. McCARTHY[
(Contract vendee). Current i
owners: Frank Majeski and l
others. Variance to the Zoning
Ordinance, Article III-A, Sec-
tion 100-30A.3 for permission
to modifY area of proposed
substandard lots (prior Appeal
.No. 4100 rendered June 30,
1992), each wit/l a preexisting
dwelling. Location of Proper-
ty: 1270 Fourth Street and 305 I
King Street, New Suffolk, NY;
District 1000, Section 117,
Block 7, Lot 008.
5 & 6. 7:50 p.m. Applica-
tions of JOHN E. AN-
DRESEN and others as con-
tract vendees (Current Owner:
Thomas N. Anshutz, Jr.) con-
cerning premises known as
1625 Main Road and
Franklinville Road West,,
Laurel, NY; District 1000, Sec-
tion 127, Block 2, Lot 5.1 con- j
taining 59,984 sq. ft. in this~.
R-80 Residential Zone District,
for:
A) Appl. No. 4186- Variance
to the Zoning Ordinance, Ar-
ticle III, Section 100-32, Bulk
Schedule, for permission to
locate principal building with
a reduced setback from the
southerly (front) property line
along the Main Road (S.R.
25); and
' B) Appl. No. 4187- Special
Exception for permission to
establish nsc of proposed~
building for veterinarian of-
flee and animal hospital use in
accordance with Article Iil,[
Section 100-30B(I) of the Zon-
ing Ordinance.
*n, 7..&'{~Q.D.m. Appl_.~NO~ 4184-
L'~HAR~ H. L~S~ for a
Variance as pr6vided by New
York Town Law, Section 280-A
requesting acceptance ofI
minimum improvements
within a private right-of-way
for safe and sufficient access
by emergency, fire and other
vehicles to:
Lot N~ 1, as modified, with
its proposed access over a
fight-of-way extending from
thc westerly side of
Lighthouse Road, Southnid,
NY, over premises now or
formerly of Pantel, referred to
as Parcel No, 1000-50-3-3.4,
~and over premises now or
formerly of Suffolk County,
known as Parcel No.
COUNTY OF SUFFOLK
STA'FEOFNEW YORK
ss:
Patricia Wood,' being duly sworn, says that she is the
Editor, o( THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has bcun puldishcd in said I.ong Islancl 'l'raveh~r*Walchm~m
.)l'~cc each week for
successively, commencing on
Sworn lo bef'm'e me Ibis ..................... ;I ,.
Notary Public
BARB/IRA A. SCHNEIDER
NOTARY PUBLI~. State ol New York
No. 4806846
Qualified in Suffolk County
~ommission Expires ee/3l/Cl¥
its proposed access over al
right-of-way extending from
thc northerly side of Sound
View Avenue, Southold, NY,
in a northerly direction over
premises now or formerly of
Regan, Lindermayer, Stanley,-
Kudinka and/or Garda and
Silen, referred to as Parcels
No. 1000-50-3-16, 7, 8, 23, 9]
and/or 19.1. The property to
which this application is re-
quested for access and stan-
dards sufficient for emergen-
cy vehicles is shown as Parcels
No. 1000-50-3-14, 15, and 16
for a total combined area of
2.2612 acres, and which is
pending before the Southold
Town Planning Board for re-
division into.two lots.
~-he Board of Appeals will
at said time and place hear any
and all persons or represen-
tatives desiring to be heard in
the above matters. Written
comments may also be sub-
mitted prior to the conclusion
of the subject hearing. Each
hearing will not start before
the times designated abov~ If
you wish to review the files or
need to request more informa-
tion, please call 765-1809 or
visit our office.
Dated: August 2, 1993
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
>: ~ CHAIRMAN
By: Linda Kowalski
IX-8/5/93(16)
617.21
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I--PROJECT INFORMATION (To be comDleted by ADDlicant or Proiect sDonsor)
1. APPLICANT /SPONSOR · I 2. PROJECT NAME
Charles H. Lewis 1 Minor subdivision of Charles H. Lewis
SEQR
3. PROJECT LOCATION:
Mur~ici~all~f Southold Cou.t~ Suffolk
Private right-of-way running westerly from Lighthouse Road and second
private right-of-way running northerl~ from SoundView Avenue, Southold,
Suffolk County, New York "
Subdivision of subject property into two (2) parcels
Imtla~y 2. 2612 acres U~tlmmeiy 2. 2612 ac,es
8. WILL FROPOSED ACTION COMPLY WITH ~ISTING ZONING OR OTHER ~ISTING ~ND USE RESTRICTIONS?
~Yam ~No IfNo,~e~riDe~tlelly Except variance of To~ Law Section 280-a required
9. WHAT IS PRESENT ~NO USE IN ViCiNiTY OF PROJECT?
~,s=,~ Sipgle-f.~ily residences
1~. OOES ACTION iNVOLVE A ~ERMIT APPROVAl. OR FUNOING, NOW OR U~TIMATELY PROM ANY OTHER GOVERNMENTAL AGENCY (FEDERA~
Southold Town Planning Hoard - s~division
Suffolk Co~ty Dept. of<Health Services - water supply/sewerage
Exemption from Suffol~ Co~ty Dept. of Health Services
~o N.A.
I CERTIFY THAT THE INPORMATION PflOVIOED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
7/23/93
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 Quality Review Act requires submission
. before any action is taken.
INSTRUCTIONS. --
(a) ~n order ko answer the questions in this short EAF it is assumed
that the preparer will use currently available information concerning the
project and the likely impacts Of the action. It is not expected that
additional studies, research or other investigations will be undertaken.
(b) If any question has bee~ answered Yes the project may be sig-
nificant and completed Environmental Assessment Form is necessary.
(c) If all questions have been answered No it is likely that the :
project is not significant.
(4} Environmental Assessmen~
I. Will project result in a large physical change
to the project site or physically'alter more
than 10 acres of land?
.. Yes: XNO
2. Will there be a major change to any unioue or
~n~ual land form on the site? '
3. Will project alter or have a large effect on
an existing body of water?
4. Will project have a potentially large impact on
groundwater quality?
~Yes XNo
5.. Will project significantly effect drainage flow
on adjacent sites?
· Yes XNo
6. Will project affect any threatened or endangered"
plant or animal species?
. Yes . XNo
7. Will project result in a major adverse effect on'
air qualify?
_._~es _~o
8. Will project have a major effect on visual char~
9. Will project adversely impact any site or struct-
use of historic, Pre-historic, or paleontological
importance or any site designated as a critical
environmental 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
11. Will project result in major traffic problems or
cause a major effect to existing transportation
__..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
' ~_ves X__3o
14. Wiil project affect the existinq 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?
IS there public controversy Concerning the
X No
15.
· projecC?~
Preparer.s Signature: -' ..._Yes
Eepresenting: Charles H. Lew~ ' -- .
Z~A ~/~$ ~ _ Oate:_ 7/23/93
QUESTIC:~AIRE
FCR FILI~'~G WITH YOUR Z.S.A. APPLICATIO}~
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 descrintion of their interests:
(Separate sheet may be attached.)
charles H. Lewis Owner
B. Is the su~]ec= premises lis~ea on the real es=ass marneu for
sale or being shown to prospective buyers? { } Yes
{x } No. (~f Yes, pl~e a~h c~_~ of "ccnd/~n~,, of sa~e.]
C. Are'there ar~Z%~r=pesal= tD ~ange~ alter l~d'c~=c,~u?
{ } Yes { ~ No
D. 1. Are there any areas which conuain wetland grasses? Yes.
2. Are the wetland areas shown on the map submitted with
this application? y~
3. Is the preDerty bulkheaeed between the wetlands area and
the upland building area? No
4. If your property contains we~ian=s or pond areas, have
you contacted the Office of the Town Trustees for its
determination of jurisdiction? .~o (doing so)
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 ~arriers, b~lkheads or fen~-s
.which ew~t and are not ~hown ~n the survey mad that you arn
submitting? No If none exist, please state "none."
· G. Do you have any construction taking place at this time
concerning your premises? No 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 alsd own other land close to this
parcel? . NQ If yes, please explain where or submit copies
of deeds.
I. Please list present use or operations
parcel single-family residential
proposed Use same
conducted at this -and
A~norized
3/87, 10/90~
7/23/93
ant Date
§ 97-13
WETLANDS § 97-13
TOWN -- The Town of Southold.
TRUSTEES -- The Board of Trustees of the Town of
Sou~hold. [Added 6-5-84 by L.L. No.
W~'I--~-\~DS [Amended 8-26:76 b7 ~ ~o. 2-2976 3-2S-
A. ~IDAL WETLANDS:
(1) Ail lands generally covered or in~rmi:tentiy cov-
ered ~vith, or which boradr on. tidal wa~. or lands
lying beneath tidal wa~ers, which at mean iow tide
are covered by ~ida{ wa~ers ~ a maximum depth of
five (5) feet. including but not limited ~ banks.
bogs. salt marsh, swamps, meadows, ~a~ or other
low lying lands subj~c~ ~ tidal action;
' (2~ Ail banks, bo~. meadows, fla~ and tidal marsh
subject to such tides and upon which grows or may
grow some or any of the followin~ sah hay, black
grass, saltwort, sea l~vender, ~ll cord~ass, high
bush, cattails, groun~eL m~sbm~{Iow ~d
(3) All ~d immediate~udj;cen~ a rid;1 ~{und
defined in Subsection A~2) and ly{ng within Seven-
ty-five (75) feet {andward of the most land,yard
edge of such u tidal wetland.
B. FRESHWATER WETLANDS:
(1) "Freshwater ~e~lands us denned {n Article 24.
tlc 1. ~ 24-0107. Subdh'}sions I(a) io l(d) {nclusive.
of the Environmental Conservntion Law of the S~te
of New ~ork; and
(2) All land immediately adjacent to a"freshwater Wet-
nd. 'as del,ned in Subsection B(1) and lying with-
in seventy-five (75.) feet la.dward of the most land.
ward edge of a "freshwa:cr wetland."
9705
~HARI,~S H. LE~I$. reMdinq at 658 St. Pierre Street, Tecumseh.
O~tario, Canada
DL~T
2¸'
~ ,...,.---. ,,.,.I ' ,.,,:,. ,,..;, ,',i,,- .,..,,,..d p,.,, fo-'-., ' ~ ~
~,rt an~, ],~! of tt,. part~.-~ of ~he ~ part, at t~ l,~"ti'~,est~-l¥ corner o~ ~--~
" ~ · oi
-~,',,~:"
I
t38 New York Avenue
Fa~ 11743
J
AUTHORIZATION
I hereby authorize the firm of Esseks, Hefter & Angel to act
as my Attorney/Agent with regard to my minor subdivision application
before the Southold Town Planning Board, and any other applicable
agencies, which may review this application.
DATE
CHARLES H. LEWIS
$0UHO
..... [ J (~) COUNTY OF SUFFOLK ,~-,*, SOUTHO~LD J .....
"° _ ~'~_..~--~_" - '~ ~JReaJ Property Tax Service Agency .... [ 050
TOWN
OF SOUTHOLD -~. ROPERTY
RECORD
CARD
OWNER
STREET
VII LAGE
E ;
;'2
DISTRICT SUB.
ACREAGE ·
LOT
TYPE OF BUILDING
RES.
LAND
IMP.
J FARM
TOTAL DATE
VL.
COMM. JlNg. JCB. j MISC.
Tillable I
~ Tillable 2
Tillable 3
W¢odland
Swampland
Brushland.
House Plot
Total
REMARKS
M. Bldg.
Extension
Extension
Breezewa
Garage
,/
t5 d,O
~dation J C~- ' -~ Bath ,:
ment ?~, .(;( . 'Floors _7__~_~-
Walls_ _'/e'~(~ Interior Finish cb~[~'~! J~ c.-Q
,.
Place
Porch ' Attic
Porch Rooms 1st Floor
~ Rooms 2nd Floor
~way
Ext. V
Fire
Patio
Drivewa,
~ / : ~ ~ ~.~ .~:~1' TOWN OF SOUTHOLD P~OPERTY RECORD CARD
OWNER I STREET ,~/,.~L'~i~(" ~ VILLAGE DISTRICT SUB.
FO~ER OWNER ' j
LAND
SEAS.
VL. ~// ~M
TOTAL I DATE
RES.
AGE
NEW
Farm
Tillable 1
Tillable 2
Tillable 3
Woodland
Swampland
Brushland
House Plat
Fatal
IMP.
NORMAL
Ac re
BUILDING CONDITION
BELOW
Value Per Acre
ABOVE
Value
REMARKS
FRONTAGE ON WATER
FRONTAGE ON ROAD
BULKHEAD
DOCK
LOT/,
,/
lEst. Mkt. Value
,./~ ,~,., ~- ~_,~ TOWN OF SOUTHOLD PERTY RECORD CARD
OWNER
FORMER OWNER~i~
~-~;~
RES,
LAND
IMP.
VL. 5///'
TOTAL
FARM
DATE
W/
VILLAGE
REMARKS
DISTRICT SUB. LOT
ACREAGE
, 7q¢ '
TYPE OF BUILDING
MISC.
JEst. Mkt. Value
Total.
Swampland
Brushland
House Plot
AGE BUILDING CONDITION
NEW NORMAL BELOW ABOVE FRONTAGE ON WATER
Farm Acre Value Per Acre Value FRONTAGE ON ROAD
Tillable I BULKHEAD
Tillable 2 DOCK
Tillable 3
Woodland
TOWN OF SOUTHOLD PROPERTY ~RF~ORD
CARD
OWNER
FORMER OWNER
RES. o/a sEAs.
LAND
Tilloble
IMP.
VL.
S-rRE~.~t9
TOTAL
.I
FARM
DATE
VILLAGE
E
W
cOMM. CB. MICS.
REMARKS
ACR.,.~ 3~
TYPE OF BUILDING
Mkt ~alue
SUB. LOT
FRONTAGE ON WATER
Woodlond FRONTAGE ON ROAD
DEPTH
BULKHEAD
Meadowland
House Plot
Total
ExtenSion
COLOR t~ ~c~-~ TRIM
Extension
Extension
Porch
,~c~,..,
S reezewc~
Garage
Patio
Foundation
Both
F oars
'~'~ L. L._
Walls ~c~. C,~,e,~-~ Interior Finish
Fire Place ..... Heat
Type Roof
Recreation Room
Rooms Ist Floor
Rooms 2nd Floor
Driveway
Dormer
Dinette
LR.
DR.
BR.
Total ~'{4 ('~
REISE, DOROTHY & MICHAEL
Hyatt Road
Southold, NY
#174
Variance
May 28, 1959
GRANTED permission to reduce setback and
use as private garage.
REISE, DOROTHY %3099 .'
675 Pvt. Rd. No. ISA, Southold 4/20/83 &
6/23/83
W-construct garage and tennis court with'
fencing, for principal use on this vacant
parcel. ~,tk~
~F~ 3oo~
Southold Town Board of Appeals -2- July 17, 1982 Special Meeting
PENDING APPEAL NO. 3001. HAROLD E. WALTERS. The public
hearing on this application was held on July 8, 1982, at which
time the hearing was declared closed pending reinspection of the
premises and deliberations. The board members were given copies
of a letter from Victor Lessard, Executive Administrator (Build-
ing Department). This matter is to be placed on the board's
agenda for the next meeting.
RESERVED DECISION: Appeal No. 3006.
Upon application of VERA GRETCHYN MARIN~, One Denton Road,
Kings Point, NY 11024, for a Variance for Approval of Access, New
York Town Law, Section 280A, over a private right-of-way located
off Soundview Avenue and referred to as "Hyatt Road Private
Road No. 18," Southold. Location of Property: 1925 Private Road
No. 18, Southold, NY; bounded north by Neslage and Private Road;
west by Lindmeyer; south by L.I. Sound; east by Reise; County
Tax Map Parcel No. 1000-50-1-20. ~ ~
The public hearing on this application was held on July 8,
1982, at which time the hearing was declared closed pending
deliberations.
On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was
RESOLVED, that the following determination is hereby adopted
concerning the application of VERA GRETCHYN ~RINO in Appeal
No. 3006:
Based upon evidence and statement made by Howard Terry, past
Building Inspector of the Town of Southold, this area has been con-
sidered an "Open Development Area" established by the Town Board
on December 19, 1957, and from which building permits have been
issued in the past; no action is required.
Vote of the Board: Ayes:
Sawicki. Members Douglass and
tion was unanimously adopted.
Messrs. Goehringer, Grigonis and
Doyen were absent. This resolu-
Being there was no other business properly coming before the
board at this time, the Chairman declared the meeting closed.
Inspections ~followed.
Respectfully submitted,
Linda F. Kowalski, Secretary
Southold Town Board of Appeals
.qou~hold ~o~n ~a~l o~ A~I~aLS -3- ,~a¥ 24, 1962
ttF~C~,VED tha¢ ~oodhollow P~opoFtles, :Inc. be gzem~ed
perm'/on to e~ect and maintain a sign on thel~ property
Vot~ o£ ~-~e ~oa~:d~ A~est- ~1:. G~ll~-~p~e, ~. Bergen, ~.
Ito~nbe~g, ~nd ~. ~rtgonls.
I~BLIC ~IF~Gs Appeal ~o. 46 0 - 7245 PoMo
1~ o~ Otto L~~:, east ~ J, ~IU~, ~Ou~
Argue, ~d ~t b~ ~m~k~ay. F~ ~ld ~5.00.
Tho ChaPman o~med ~he hearlng by zead~ng ~pl~c&tto~ foz
a special ~xceptton0 legal notice o£ heaztng and a££~davlt
attesting to 4to ,~ubllc&t~n ~n t~e o£fici~l ne~sl~Pe~ ~utd
leg~l no~lce to the a~pltcanto
T~ C;[IAII~IA~ -'a there an:forte presen~ who wLshes ~o
speak £oz this app14ca~toa?
any zone9 ~ules because ~h~ ~ a co~ne~ plot and it is so
naz~o~. The~e ls onl~y 70 ~. on
(~L~. ~tndeL~a~ deacr/bed the loca~lo~ o£ his house
·elatton to the ~oad8 and also desc~£bed the a~ea a~ound h~s
~ro~e~t~. )
aga:l,nst th:Ls apl~l:Lcatlou~
SOuthold Town Board of Appeals
(There was no response. )
th~ A_~.r. invest:Lgat~on and ~uspection the Board fhtds ~hat _L~ ~e.l.~%~-.e was constructed prior to enactment -- -- ....
The entre azea A~Jv heavily wooded and no zemide~mm are
located on Soundv~ew . The aide
venue ~n the .tnnediate a~ea.
=~ ~ ~e ~d ~ v%ere ~s ~ge ~ Z~ted and
~e ~le ~e m of ~e ~r~d~g ~d ~d ~e
l~atl~ o~ ~ private ~ce r~d wh~ ~ ~ed ~ o~or
~e~ ~e ~a~A~ diffi~lty ~oe s~Xd ~.
The Board f~ndo, that the ~blic convenience and welfare and
Justice w~Ll bo served and the legally establ~hed o~ pen~tt~ed
uae of neighborhood property and adJoin~ng use d~ic~ will not
be permanently or aubotant/ally ~nJured and the ~ip~.~it of the
Ordinance will be observed, therefore
On motio~ of Mr. GXll~spie, seconded bT Mr. Roaenberg,
it wan
RESOLVED ~t~_ t.l=. o_tto L~dennn~er be g%anted pernd~siou
to reduce his =ron~ ya~ ~etback on Soundvie~ AVenue to 24 e-et.
Vote of the Board: ,%¥e8=- Mr. Gi11~spie, Mr. Bergen, Mr.
RofellbeEg, and Mr. Grigon:Lfl,
PUBLi~ r~EARING: ~ppeal i~o. 461 - 8~00
u~n ~pX~a21~ of Fled F. ~g, Jr., K~g
~%k, for a m~l ~pt%~ ~n a~o~nce w%~ ~ Z~g ~~,
~1e ~, Secti~ 4~, f~ ~ssion to e~ct and M~n~n an
~-pr~es ~s~ess q sX~ w~th re~ced se~. L~at~on of
~o~r~ sou~ sl~ of R~ 25, Or~n~, N~ YO~,
~d nor~ by ~ Road, eas~ ~ E. C. ClinCh, s~ by F.
~et2 and W. Kellog, ~ ~st ~ B.
O5O
- -~UDIT" T. TERRY, TOWN CLERK RECEIPT 0 4 7 5 9 0
Town of Southotd
Southoid, New York 11971
Phone: 516 - 765 -1801 DATE
RECEIVED OF: ~_/~ . .~ ~
[] OAS. BY=
Ii, lade the
fifty,
day of Ju:~,_. nincteen hundred
Suffola, State of New York,
part y o£ the first part,
and O~OhOg P. L~;IS and ANt4 b. Ltd;IS, his valle,
East Wllllston, Counzy of l~assau, State oI
pnrt ,,~ f
the first part, in consider,~tion of
.................... Ui, g (~1.00) ..................... Dollar, f, law£ul money of the United States,
and other good and valuable consider-at ion,
paid by the part I es of the second part, do es hereby grant and release unto the part lac of the second
that tract ov panel of 1P.qtJ situate ~t ~orLo~ zoot , hc.v 3(nl~:~d,
dg~]I~It~__G, et a point on the bounder'.., line oet?,'s~m land of' th? party of the fh'ct
part and l~d of the parties of the second part, ~t the north~est~vl, corner of
land of the p~ties of the second part; and ruble7 Clem7 aal~ bc3mcmy line, S. 41o
04~ 40" g.- Z83.80 fe~ to a concrete monument; thence aio~ the northeasterly boundgr.,
line of la,d of the party of rue first p~vt S. 42~ ll~ 10' [',.- qo.C Feet; them~e
land of the party of the first part, 4 courses, as follo,,a:
(1) on a line at right angles to the last descPib~cJ Co'iPsc ~tov~, ~. 470 A~I f~)~
170.0 feet to the northeasterly line of a 30 foot r'i~ht of' v.av, hereinafter dea-
crlbaa; t~nce
(2) on 8 llse pa~811el with the second course described above ~nd alon~ s~ld
line of s~d ~0 foot right o~ v,~y, ~. 4ge 11~ lO"" 100.0 feet; t
(3) still alon~ sa~d northeasterly llne of said 30 f'c~Dt right of 7ay, L~. 550 b~
ZZ3.~ feet; thence ~'-
T6GKiHER with the right to the t~e of a h.n~ cf way in ~ ,,c
IinSSRV1NG~_u however, to the oarty of :he first pa~t, his le al representatives and
assigns, a right of way 30.0 ,e~t In wide.,, ~:e nOilt~F,'/~S'..5'p/V llfl'~ ,,o W~IC}I in thc norbl-
~,estePly ~undaPy line of the her,el~bove descPlbed r~ ~=
p .n~ ,snd the gout easterly line
o[' v,.mcn is ~.0 re~t southeasterly f'r'om a~l~ no~t ,. '
nnsles thereto. . I n~ ..... [., ]ln~. me~.sure~ at right
SUBJ,,CT to right of %say rJld ease;it,ts no~. ~panc,:.d oi 7:c ho ~m,~nted to the
?}~ l)~et~J~ with the appuztenat~ces a;Jd alI the estate and rights o[ the part 3. oI the tJrst parr~...
tea l/abe altb to IJolb ~!n. l,rc~;:.,~ he~ei,~ gray,tort unto th. p:~rt ~ c~, of the s.'corlJ p~rt,
~II~ the said part y of the first p,?rt covenw!t ~
~ir~t.--Th,?t tile part y Of the fir.~t p3rt
and ha £ood ri,~ht to convey the s~mc.
,Ts follo~cs:
soizod o£ tl,~ said prcmi~os in fee simple.
--That the part le~ of tile s~,cond p3rt sb:tl] quietly et~foy th~
iE~.--That the s,aid premt'ses ;tre free from in,:umhr,anees:
ffOllr[IJ.--Tllat the part y o£ the first part ~il1 execute or procur~ nny £!lrthor
of the title to said premises;
_~ifth. ~That the part Y o[ the 5rst Fart will forever w,~rr:~nt thc title to said premises.
~iX[[}.~That the grantor, in compliance with Section I2 cf tho Lien La~v, coven,~t~ th,~t the grantor
will receive tho consideration for this conveyance and will hold the right
a trust fund to be applied 6rst for the purpose of paying the cost o[ the improvemctg :md tltat tho gr:intor
will apply the same ~r.~t to the payment o[ the cost of the improvement before
o[ the same for any other purpose.
't~
r::::-?'n /n.,,':f?d 'it:d f'lffty,
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter or the Petition of :
to the Board of Appeals of the Town of Sou~hnld
TO:
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned ~o petition the Board of Appeals of the To-~rn of Southold
tO request a ~ ' ' :~[~'!l~x::~ [circle choice]
of New York State Town Law Section 280-a
near or
2. That the property wh'ich is the subject of the Petition is located/adjacent to your property and is des-
cribed as follows: Property west nf T,~gh';-~nll~6a Road and north of Sound ~e~. A~enu~
in Southold, New York
3. That the property which is the subject of such Petition is located in the following zoning district:
R-40
4 That b% such Petition, the undersignedwillrequestthefoUowingrelief: A variance from the
provisions of New York State Town Law Section 280-a to permit a two-lot
minor subdivision of the subject property.
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article N.A. Section
[ x] Section 280-A, New York Town Law for approval of access over right(s)-of-way.
6. That within five daTs 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, Southold, New York and you ma)' t.hen and there
examine the same during regular office hours. (516) 765-1809.
7. That before the relie'f sought may be granted, a public hearing must be held on the matter by the
Bdard of Appeals; that a notice of such hearing must be published at least five days prior to the date of su~;h
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.
Datedi' 7/23/~3
Charles H. Lewis
Petitioner
Owners'Names: Same
Post Office Address c/o Esseks, Hefter & Angel
108 East Main Street, P.O. Box 279
Riverhead, NY 11901
Tel. No. ( 516) 369-1700
[Copy of sketch or
purposes.]
plan showing proposal to be
att ach~.& ~fo~ c0nv. eni e.nce
NAME
PROOF Of MAltING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
SEE SCHEDULE A ANNEXED HERETO
STATE OFNEWYORK )
COUNTY OFSUFFOLK)
Paul S. Sisson. Jr. .residing at Riverhead. New York
, being duly sworn, deposes and says that on the 27th day
of July~ , 19 93 , 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 5ou~hold; that said Notices were mailed at the United Sta~ Post
fice at Riverhead. N,~w ¥or1~ . ; that said Notices were mailed To each of sai~per~ons by
{certified) (registered) mail. . ,~
/ /
Sworn to before me this ~-.~ ~/
day of .Tlll v. · 19 q~
'-Notary Public ~'
NO. 487370~
Qualified in Suffolk
Ceramist, on Expires Septeml:m'
(This side does not have to be completed on form transmitted to adjoining
property ownerS.) .-
SCHEDULE A
NAME
Southold Park District
Virginia B. M. Moss
Edna T. Harnan and another
Vera Neslage
Reginald A. and Sheila K. Minor
Andree Rubin
Catherine Garcia and Renee Sileo
Magdalena Kudirka
Nijole Kudirka
Minas Papadopoulos
Hrisi Papadopoulos
Eugenia Papadopoulos
Suffolk County
Gus Pandel
Edward L. Stanley and wife
Otto Lindermayer and wife
Michael and Joan Regan
ADDRESS
P.O. Box 959
Southold, NY 11971
Box 1195
Southold, NY 11971
Box 1195 Hortons Point
Southold, NY 11971
27 Haviland Drive
Stamford, CT 06903
530 67th Street
Brooklyn, NY 11209
210 West 78th Street
New York, NY 10024
189 Oak Street
West Hempstead, NY 11552
Apt. 3
195 Second Avenue
New York, NY 10003
195 Second Avenue
New York, NY 10003
948 59th Street
Brooklyn, NY 11219
c/o Jean Tuthill
Center Drive
Riverhead, NY 11901
1067 85th Street
Brooklyn, NY 11228
6 Stuyvestant Oval
New York, NY 10009
Southold NY 11971
7261 Shore Road
Brooklyn, NY 11209
P 652 135 66'¢ P 652 135 668 P 652 135 669
RECEIPT FOR CERTIFIED MAIL RECEIPT FOR CERTIFIED MAIL RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED NO INSURANCE COVERAGE PROVIDED NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL NOT FOR INTERNATIONAL MAIL NOT FOR INTERNATIONAL MAIL
(See Reverse) (See Reverse) (See Reverse)
Return ~ Le~t--~ng
Return Re t showing to m
(See Reverse)
P , tate a Z~P ode ~
Postage
Cedifled Fee
Special Delivery Fee
Restricted Delivery Fee
Return
to whom and
Return
Ht:.~SEIP] FOR CERTIFIED
NO INSURANCE COVERAGE PROVIOED
NOT FOR INTERNATIONAL MAIL
(See Reverse)
Postage S
CenNied Fee
R estr,ct ed--~
Return Re~,pt show,~(l~
Dale, and A~ress of~ery
TOTAL Posta~
P 652 135 671
RECEIPT FOR ~ERTIFIED ~AIL
~See Reverse)
P ., State and ZIP Code
Special Dehvery Fee
tO' r~'anO ~el,vered~
~turn Re ~owing
whom ~e Delive, ~d
Fm R~ow,.~i whom
d ~ess of~hvery .~
t
Postmark or Date
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVENAGE PROYFOEO
NOT FOR iNTERNATiONAL MAIL
(See Reverse)
NO INSURANCE COVERAGE PROVIOEO
NOT FOR INTERNATIONAL MAIL
(See Reverse)
Postage and Fees
NOTICE OF
PUBLIC HEARINGS
NOTICE IS HEREBY
GIVEN, pursuant to Section
267 of the Town Law and the
Code of the Town of
Southold, that the following
public hearings will be held by
the SOUTHOLD TOWN
BOARD OF APPEALS, at
the Southold Town Hall,
53095 Main Road, Southold,
New York 11971, on MON-
DAY, SEPTEMBER 20, 1993,
commencing at the times
specified below:
1.7:32 p.m. Appl. No. 4190-
JOHN AND MARIE S.
SHACK for a Variance to the
Zoning Ordinance, Article
XXIII, Section 100-239.4B for
permission to construct deck
addition within 75 feet of
bulkhead at Pipes Cove,
Greenport Shores. Property
Location: Shore Drive, Green-
port, Greenport Shores com-
bined Lot Nos. 16, 17 and p/o
15; County Tax Map Pamel
1000-47-2-26.1 (prey. 26). The
subject premises is substan-
dard in size and is located in
the R~40 Low-Density
Residential Zone District.
2. 7:35 p.m. Appl. No 4161-
BARBARA KUJAWSKI. Ap-
plication for a Special Excep-
tion for approval of an Ac-
cessory Apartment in con-
junction with the principal
dwelling use and residency by
the owner (owner occupancy)
and subject to the provisions
of Article III, Section
100-31(14). Location of Pro-
perty: House No. 125 (per
Town Records) at the north
side of Sound Avenue, which
parcel commences at a point
approximately 51 feet east of
the Riverhead-Southold Town
Boundary Line, extending
195.18 feet along Sound
Avenue, Mattituck, NY; Coun-
ty Tax Map Parcel No.
100-120-1-2.2. This property
consists of an area of 40,241
sq. ft. and is located in the
Agricultural-Conservation (A-
C) Zone District.
3. 7:50 p.m. Appl. No. 4184-
CHARLES H. LEWIS (Car-
ryover from the August 18,
1993 hearings calendar).
plication requesting a Variance
as provided by New York
Town Law, Section 280-A re-
questiho standards of
minimum improvement to the
traveled bases of two separate
(private) rights-of-way for safe
and sufficient access by
emergency, fire and other
vehicles located as described
below:
Access to LOt. No. 1, as
modified, with its proposed
access over a right-of-way
tending from the westerly side
of Lighthouse Road,
Southold, NY, over premises
now or formerly of Pantel,
referred to as Parcel No.
1000-50-3-3.4, and over
premises now or formerly of
Suffolk County, known as
Parcel No. 1000-50-3-3.1.
Access to Lot No. 2, as
modified, with its proposed
access over a right-of-way ex-
tending from the northerly
side of Sound View Avenue,
Southold, NY, in a northerly
direction over lands now or
formerly of Regan, Linder-
mayer, Stanley, Kudinka
and/or Garda and Sileo, refer-
red to as Parcels No.
1000-50-3-16, 7, 8, 23, 9
and/or 19.1. The subject lot re-
quiring Section 280-A ap-
proval is shown as new sub-
division Lot No. 2 as modified
and further identified as
County Tax Map Nos.
1000-50-3-14, 15, and 16 for a
total combined area of 2.2612
acres, and which is pending
before the Southold Town
Planning Board for re-division
into two lots.
The Board of Appeals will
at said time and place hear any
and all persons or represen-
tatives desiring to be heard in
the above matters. Written
comments may also be sub-
mitted prior to the conclusion
of the subject hearing. Each
hearing will not start before
the times designated above~ If
you wish to review the files or
need to request more informa-
tion, please call 765-1809 or
visit our office.
Dated: September 7, 1993
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By: Linda Kowalski
IX-9/16/93(4)
COUNIYOF SUt-FOLK
SS:
SI'Al'EOF NEW YORK
Patricia Wood, being duly sworn, says that she is the
Editor, o( THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been .pul)lished in saicl Long Island Traveler-Watchman
once each week for / weeks
s~ccessively, commencing on the ........
I ,-
day ~r ~'~ s~-- ~. 1 9
........
Sworn to before mc this ........ ~'~: .......... day el
........
Notary Public
BARBARA A. SOHNEIDEt~
NOTARY PUBLIC, Shte of NOw York
Ne,
Qualified m Suffolk County
C~dm n~issioJl Expires
This ia to certify that the subdivision plan han been approved
'by_ the planning board of the Town of Southold by resolution
of approval dated
by Chairman Planning Board
W
L oN~
isLAND
soUND
KEY MAP
SDale I" = ~00'
?
°,o.. / LAND DIVISION
~f ~o~ ~/ FOR
CHARLES H. LEWIS
;~..~' ATSOUTHOLD
. ~, ~t~ . TOWN OF SOUTHOLD
" SUFFOLK COUNTY, N. Y.
1000 50 - ,~3 - 14,15
Oct. 24, 1989
" Nov. 20, 19~9(revi~e)
~ ]une 28,
TOTAL AREA= 22812 ACRES
AREA LOT I = 55,1.83 sq. ft.
AREA WETLANDS= 5,000 sq. ft_+
AREA LOT2 = 43,314 sq ft.
TYPICAL SEV~AGE D~SPOSAL SYSTEM
TYPICAL WELL
ACCE$~ TO LO~- I TO BE ViA 25' WIDE
R,O.W. TO LiGhTHOUSE ROAD
.TAX MAP LOT LINE
TYPICAL PLOT PLAN
Sept. 19, 1991 (revisions)
OCT. 30,1991 (revisions)
July 24, 1993 (revisions)
July 26, .1993 (revisions)
sOdH°
BUILDING ZONE DISTRICT R- 40
SCHOOL DISTRICT § '
FIRE DISTRICT 28
OWNER/APPLICANT,
CHARLES H. LEWIS
- 710 LESPERANCE
TECUM~EH, ONT NBNIW7
GANADA
Prap_~e.d in accordanae with the .mi~i. .mum,
star/dor~ for title surveys aa antabliahed
by the L.I.A.L.~ end eppreved and a, dopted
for auch use by The New York Sta~e L~nd
Title Aaeeeletlen.
PECONIC SURVEYORS, P.C.
(S16) 7S5 - 5020
P O, BOX 909
MAIN ROAD
NY.
89 342
This is to oortify that the subdivision plan has been approv, ed
'by the planning board of the Town of Southold by resolution
of approval dated N ~
by Chairman Planning Board
~[~,~'~"~. · I~.r~on actually exist and their poemtiona
~;;~t[~'~nd all dimensional ~d Geodetic
Jo~ T. Met S. LIC. NO. 49~18
THE WAT~ SUPPLY AND ~WA~E DI~SAL _
FAC=~ F~ Att LOTS W r~ ~~
~ C~Y ~TH T~ 8TA~A~ ~.
~ALTH ~
TOTAL AREA = 22612Acres O~,O~,G
AREA LOT 1= 55,183 scfft.
AREAWETLANDS=5,0OOsq. ft.-*
AREA LOT2 = 43,314 sq.f~ ~ I"
W
S
isLAND
LoNG
KEY MAP
Scale I" = 600'
LAND DIVISION
FOR
souND
CHARLES H. LEWIS
A T SOUTHOLD
//
TYPICAL PLOT PLAN
ACCE$~ TO LOT I TO BE VIA
R.O.F/. TO L1GHTHOU~J~ ROAD
__._ =.TAX MAP LOT LINE
TYPICAL WELL TYPICAL
$0UNo
BUILDING ZONE DISTRICT R-40
SCHOOL D/STRICT
5
28~
TOWN OF SOUTHOLD
SUFFOLKCOUNTY,N Y.
1000 50 03 - 14,15 &
16
ScaleI" = 100'
Oct. 24, 1989
Nov, 20, 1989(revise)
June 28, 1991(~evi~a~)
Sept. 19, t991 (revisions)
OCT. 30, t991 (revisions)
July 24, 1993 (revisions)
July 26, 1993 (revisions)
Aug. 17,199~(ravieions)
OWNER/APPLICANT:
CHARLES H. LEWIS
- 710 LESPERANCE
TECUMSEH, ONT NSNIW7
CANADA
FIRE DISTRICT
Prepared in socordanoe with the minimum
standards for title surveys aa established
by the LI, A.L,S. and approved and adopted
for such uss b_y The Now York State Land
Title Association.
SEV~AGE DISPOSAL SYSTEM
PECONIC SURVEYORS, P.C.
(SlS) 7S5 - SO20
P.O. BOX 909
MAIN ROAD
N Y. 11971
89 - 342
GARRETT
A. STRANG
architect
Main Road P.O. Box 1412 Southold N.Y. 11971
516-765- 5455