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APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
R/chard C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
March 22. 199~
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Ms. Becky Johnston
0,71 West 22nd Street
New York. NY 10011
Re: AppI. No. 0,171 - Inspection of ROW. Improvements
ROW off N/$ Bridge Lane, Cutchogue-(1000,73-2-1, 3.1, etc.
Dear Ms. Johnston:
Upon receiving confirmation from you last week that the right-of-way-has
been cleared to the required height-and-improved, a further inspection.was
made. The right-of-way .is acceptable at this-time and must .be continuously
maintained at all times in good condition~
By way of: a copy of. this letter, we are asking the Building Department to
flag their records to show that each and every lot (Lot Nos. 3.1, 3.2, 3.3
and I at Section 73, Block 2) and having principal access within this
right-of-way will need to also continuously-maintain-the entire length of
the right-of-way in good condition, and may be required to return for an
updated New York Town Law~ Section 280-Aaccess approval.
Very truly yours,
cc: Building Department
GERARD P. GOEHRINGER
CHAIRMAN
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
Appl. No. 4191.
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 BECKY JOHNSTON for a Variance under
the provisions of New York Town Law, Section 280-A, for
acceptance of minimum standards of improvements over new
easement right-of-way areas, as modified since the prior Appeal
Hearing and Determination rendered under Appl. No. 3478 on
9/11/86. Location of Right-of-Way or Easement Area:
Commencing at a point along the north side of Oregon Road,
Cutchogue, along the westerly side of lands of Bokina, over
lands now or formerly of William J. Baxter and others identified
as Lot 1.9, Block 1, Section 72, extending northerly
approximately 1035 feet, to a point, thence running in an
easterly direction approximately 563 feet to the applicant's
parcel of land identified as Lot 1, Block 2, Section 73,
District 1000, all as shown by survey amended June 17, 1992,
prepared by Roderick VanTuyl, P.C.
WHEREAS, a public hearings were held on October 18, 1993
and November 8, 1993, at which time those who desired to be
heard were heard and their testimony recorded (see transcripts
of hearings prepared under separate cover, the original of which
is filed with the Town Clerk's Office); 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
WHEREAS, the Board made the following findings of fact:
1. RELIEF REQUESTED. This application is an appeal for
for a determination as to the standards of improvements
necessary over two portions of this private right-of-way, noted
as follows:
a) The portion which extends in a northerly direction
from Bridge Lane Extension (at intersection with Oregon Road),
over land now of Stanley Wernick (prev. Baxter) extending
Page 2 - Appl. 4191
Matter of BECKY ~TON (280-A)
Decision Rendered November 8, 1993
approximately 1860 feet northerly, for a width of 20.15 feet as
more particularly shown on the survey map prepared November 5,
1993 by Roderick VanTuyl, Surveyor, P.C.; and
b) The remaining portion which extends in an easterly
direction from that right-of-way referred in "a" above, for a
distance of 545 feet over lands of Bokina, to a point within the
first 20 feet of the applicant's property -- to which suitable
access by emergency and other vehicles is the subject of this
application. The presently traveled portions of this east-west
right-of-way are more particularly shown on the November 5, 1993
survey map, and will, of course, need to be modified to meet the
conditions of this determination (noted further below).
Approximately one-half of this east-west right-of-way is shown
to be 20-ft. in total (paper) width and the remainder 152feet in
width. Also, copies of easement agreements affecting the
subject access routes have been made a part of this record.
2. PRESENT CONDITION OF RIGHT-OF-WAY. The condition of
the base of both the north-south portion of this right-of-way is
in excellent condition and does not need further improvement at
this time. The base of the east-west portion of this
right-of-way needs excavation and improvement with additional
fill, compacting, and regrading (further noted in Board's
Resolution below).
3. In considering this application, the Board also finds
and determines:
a) the benefit to be afforded to the applicant is
greater, as weighed against the detriment to the health, safety,
and welfare of the community at large;
b) the benefit sought by the applicant cannot be
achieved by some other method, feasible for applicant to pursue;
c) the relief requested will not have an adverse
effect or impact on the physical or environmental conditions in
the neighborhood or district, and measures must be taken by the
applicant to prevent water run-off from the right-of-way to
prevent further disturbance to the farm to the south;
d) the difficulties created are related to the land
and history of the area, and are not personal to the landowners;
e) this application, as conditionally granted, will
not be adverse to the preservation-and protection of the
character of the neighbnrhood and the health, safety, and
welfare of the community.
Page 3 - Appl. N~191
Matter of BECKY JO~STON (280-A)
Decision Rendered November 8, 1993
Accordingly, on motion by Chairman Goehringer, seconded by
Member Dinizio, it was
RESOLVED, to ADOPT the following standards of improvements,
and conditions, in this request for relief under the provisions
of New York Town Law, Section 280-A:
1. The entire length and base of the east-west
right-of-way (at the northerly end) must be improved a minimum
of 10 feet in width, and have an unobstructed clearance at 13
feet in width within the easement areas, including driveway area
to the applicant's residence; the unobstructed clearance
includes the removal of brush and tree limbs up to a height of
16 feet from ground level.
2. The entire length and 10-ft. wide base shall be
contoured to accept a positive flow (of rain water) to the
north;
3. The entire length and 10-ft. wide base of the east-west
right-of-way to the north shall be improved and regraded as
follows:
a) excavate to suitable base (3" or 4" deep, or more
as necessary} and regrade;
b) place four
a full width of 10 feet,
necessary};
inches {4"} of compacted stone blend for
the entire length, {and scarified where
c) any depressions, now or in the future, must be
filled with bank run (20% content) for the entire length of both
rights-of-way, and the rights-of-way must be continuously
maintained;
4. Unobstructed and cleared shoulder areas (1-1/2 feet
wide) at each side of the 10-ft. wide right-of-way base shall be
provided and maintained in good condition at all times; the
shoulder areas must also have a height clearance to 16 feet from
ground.
5. Proper drainage shall be cantered to the north to
accept a positive flow of rain water.
6. Both rights-of-way must be kep~ 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 neccssary -- including the rmopening of this
application, after due notice and public headlong, and/or require
Page 4 - Appl. NOB191
Matter of BECKY JO~STON (280-A)
Decision Rendered November 8, 1993
new applications for this and/or other properties in the area
utilizing these same rights-of-way as their only legal access
routes; and
7. After the improvements have been built along the
right-of-way, the contractor shall provide a confirmation of the
materials used and a brief description of the work performed,
'and submit this with his written request for acceptance of said
improvements by the Board of Appeals. 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 for better maneuverability within the
easement area as may be reasonably necessary.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Dinizio, Villa and Wilton. This resolution was duly adopted.
lk
RECEIVED AND FILED BY
SOU HO D TOWN
HOU, Y:
GERARD P. GOEHRINGER, CHA~
APPEALS BOARD MEMBERS
Gerard R Geehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
NOTICE OF 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 MONDAY, OCTOBER 18t 1993 commencing at the
times specified below:
1. 7:30 p.m. Appl. No. 4193 - NICK CYPRUS for a Variance to
the Zoning Ordinance, Article XXIV, Section 100-244B for
permission to construct garage addition with a reduced westerly
side yard at less than the required 10 feet, and total sideyards
at less than 25 feet. Location of Property: 1100 Sound Beach
Drive, Mattituck, NY; County Tax Map Parcel No. 1000-99-1-4.1.
The subject premises is a nonconforming, substandard lot having
an area of approximately 18,500 square feet, located in the R-40
Low-Density Residential Zone District.
2. 7:35 p.m. Appl. No. 4197 - Application of HARLEY B.
ARNOLD for a Special Exception as provided by Article IIIA,
Section 100-30A.2B approving an Accessory Apar~nent use in
~ · Page 2 - Notice o earlngs
Southold Town Board O~ Appeals
Regular Meeting of October 18, 1993
conjunction with owner's residency in this existing dwelling
situate at 1455 Albo Drive, Laurel, NY; County Tax Map Parcel
No. 1000-126-3-16.
3. 7:40 p.m. Appl. No. 4194 - Application of RACHEL VOEGELIN
for a Variance to the Zoning Ordinance, Article III, Section
100-33 for an accessory satellite dish structure, as installed,
in the southerly yard area (known as front yard area under the
zoning definitions). Location of Property: 58473 (ROW off)
Main Road, Southold, NY; County Tax Map Parcel No.
1000-55-6-33.2.
4. 7:45 p.m. Appl. No. 4192 - ROGER AND MADELYN STOUTENBURGH
for a Variance to the Zoning Ordinance, Article XXIII, Section
100-231A, for approval of man-made berm, as situated, with a
height in excess of four feet from ground level at 505 Skunk
Lane, Cutchog~e, NY; County Tax Map Parcel No. 1000-97-4-3.
5. ~:50 p.m. Appl. No. 4191 - BECKY JOHNSTON for a Variance
under New York Town Law, Section 280-A, for acceptance of
minimum standards of .improvements over new easement right-of-way
areas, as modified since the prior Appeal Hearing and
Determination'rendered under Appl. No. 3478 on 9/11/86.
Location of Right-of-Way or Easement Area: Commencing at a
point along the north side of Oregon Road, Cutchogue, along the
Page 3 - Notice of~arin~s
Southold Town Boar~0f Appeals
Regular Meeting of October 18, 1993
westerly side of lands of Bokina, over lands now or formerly of
William J. Baxter and others identified as Lot 1.9, Block 1,
Section 72, extending northerly approximately 1035 feet, to a
point, thence running in an easterly direction approximately 563
feet to the applicant's parcel of land identified as Lot 1,
Block 2, Section 73, District 1000, all as shown by survey
amended June 17, 1992, prepared by Roderick VanTuyl, P.C.
6. 7:55 p.m. Appl. No. 4196 - Application of ALLEN OVSIANIK.
Request for a Variance under Article XX, Section 100-101C for
permission to place canopy-type sign at westerly side of
existing principal building to advertise "Eastern Tire, Wheel
Alignment, Mufflers". Location of Property: 32930 Main Road
and easterly side of Eugene Road, Cutchogue, NY; County Tax Map
Parcel ID No. 1000-97-2-15 and 16.5, containing a total combined
lot area of 1.85 acres, a portion of which is located in the "B"
General Business Zone District, and the remaining portion in the
"R-80" Residential Zone District.
7. 8:00 p.m. Appl. No. 4195 - Application of PETROL STATIONS,
LTD. Request for Variance to the Zoning Ordinance, Article
VII, Section 100-72 for approval of more than one principal use
on proposed Lot No. 4 of 39,219+- sq. ft. (exclusive of
right-of-way area). Applicant is also before the Southold Town
Planning Board for a four-lot minor subdivision. The premises
Page 4 - Notice o earings
Southold Town Boara Of Appeals
Regular Meeting of October 18, 1993
presently contains a total lot area of 5.835 acres and is
improved with: (a) the northerly building which was converted
in 1988 from a barn for the storage of antiques to an
architect's office as shown on the site plan map prepared by
Samuels-Steelman, approved by the Planning Board 12/14/87; (b)
the front main building utilized as a single residence and a
real estate office; (c) a separate garage structure; (d) a
separate shed. Location of Property 25235 Main Road,
Cutchogue, NY; County Tax Map Parcel No. 1000-109-1-23.
8. 8:15 p.m. Appl. No. 4198 - DR. GEORGE KOFINAS. Variance
to the Zoning Ordinance, Article XXIII, Section 100-231(A) for
approval of fence height above four feet, as exists. Location
of Property: 552 East Road, Cutchogue, NY; County Tax Map
Parcel No. 1000-110-7-18.2.
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: October 4, 1993.
BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
x
Page 5 - Notice o~earings
Southold Town Board 9f Appeals
Regular Meeting of October 18, 1993
Copies of Legal Notice to the following 10/4/93:
Ms. Becky Johnston
471 West 22nd St., New York,
P.O. Box 1098, Cutchogue, NY
Mr. Burke E. Liburt
The Signs Makers, 155 Flanders Road, Riverhead 11901
J. Kevin McLaughlin, Esq., 1050 Youngs Ave, Southold,
11971-1215
Copies to:
Town Attorney
Supervisor
Building Department
planning Board
Individual Files
Mr. and Mrs. Nick Cyprus, 1100 Sound Beach Dr, Mattituck 11952
Mr. and Mrs. Harley Arnold, P.O. Box 48, Mattituck, NY 11952
Michael K. Belford, Esq., 26 Saxon Ave., Bay Shore, NY 11706-5529
Mr. and Mrs. Roger Stoutenburgh, 505 Skunk Lane, Cutchogue 11935
Dr. George Kofinas, 30-82 36th St., Astoria, NY 11103
L.I. Traveler-Watchman, Inc., (hand delivered 10/5)
Courtesy copies to Newsday and Times-Review
Original posted on Town Clerk Bulletin Board in Lobby
Copies of files to Board Members 10/1 and 10/4/93
TOWN OF SOUI'HOLD. NEW' YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO. 3478
DATE -~u~u~t..~.~...~993
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, (We) ..... ~..e..c...k.~...~Q..h.~Akg~ ........................... of ....32,0.8...B3¢J,~g.~...~,A~.~ ..................................
Name of Appellant Street and Number
............... C.u.~h~gu~ .......................................................... ,L'{ew...:~:~:~, ...... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. ],.$.2~.6Z ....................... DATED ...J~i~...2~.,....LRg~ ....................
& 188330Z
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
(x)
( )
Name of Applicant for permit
of 3208 Bridge Lane Cutcho~ue~ N.Y.
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
1. LOCATION OF THE PROPERTY ..3~QB..".B~.i~g~..L~n~;...g. ut~)ag.~uD.,...~.,. ....................
Street /Hamlet / Use District on Zoning Mop
District 1000 Section 73 Block2 Lotl r ..... ~
................... ur.:,,. Owner B~cky Johnston
Mop No. 1000 'Lot No.. 1 Prior Owner· ~,,~ Parr
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Da not quote the Ordinance.)
Arti cl e Secti on
3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box)
( ) A VARIANCE to the Zoning Ordinance or Zoning Map
(X) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws
:: Art. 16 Sec. 280A Subsection 3
()
4. PREVIOUS APPEAL A previous appeases not) been made with respect to this decision
Of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
(×) request for o variance
REASON FOR APPEAL
(X) A Variance to Section 280A Subsection 3
( ) A Variance to the Zoning Ordinance
( )
is requested for the reason that
There:has been'a change in the right of way easement.
~0rm ZB1
(Continue on other side)
REASON FOR APPEAL
Continued
i. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because
I would not be able to get a certificate of occupancy.
2. The hardship created is UNIQUE and is notshared by all prope~ies alike in the immediate
vicinity ofthis proper~ and in this use district because
this is one of' fe~' parcels in th~ immdiate vicinity'which Roes
.- not have ~pprove~'.access as it is at the ~nd of'a long right of
Way north of' Oregon Road.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISIKlCTbecause
the premises at the present location' have been in use for
more than 45 years. Thus, the proposed approval of the right
of way would not.result in any change in the character of
the district.
STATE OF NEW YORK )
COUNTY OF ~)'~0,~ .
.... ' ~--~'. . . do¥of
uLETT~
~. ) P~ .,~ ~ot~'~
OWNER
's'rre~ fl ~ O ~
VILLAGE
DISTRICT
SUB. LOT
IMP.
NORMAL
Farm Acre
Tillable 3
Wcodland
Swampland
Brushland
House Plat
Value Per Acre
Total
~.70o
Value
~. Bldg.
Extension
Extension
Extension
Br~ezewa
Garage
O.B. ~'~
Foundation
~asement
Ext. Wails
Fire Place
Porch
Porch
Patio
Driveway
Bath
I~loors
Interior Finish
Heat
Attic
Rooms 1st Floor
Rooms 2nd Floor
APPEALS BOARD MEIVIBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Riohn~d C. Wilton
Telephone (516) 765-1809
BOAP, D OF APPEALS
TOWN OF SOUTHOLD
UPDATE FOR THE FILE
Tewn Hall, 53095 Main Road
P.O. Box 1179
Seuthold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Lk spoke with Edmund Bokina concerning the anticipated final
inspection of Becky Johnston's ROW and the outstanding ROW
conditions for the northerly section of Oregon Road Extension,
Cutchogue.
Mr. Bokina indicated that it did not appear to be tapered
completely, however, they would leave it to the final judgment
of the Board Members.
2/3/94 - Chairman inspected ROW. Full 16' clearance does not
appear to exist as required.
1/31/94 - Member Dinizio said he did inspect ROW as well. Felt
we should contact the Bokina Family for their concerns, if any,
before accepting.
2/3/94 Await full clearance. To be reinspected by Chairman per
Board's conditions.
JAN I 2
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
November 15,
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
Ms. Becky Johnston
471 West 22nd Street
New York, NY 10011
Re: Appl. No. 4171 - Requirements for Improvements to ROW
Dear Ms. Johnston:
With reference to the above application and hearing, which
was concluded on November 8, 1993, please find enclosed a copy
of the Board's written findings and determination which
incorporates its conditions for necessary improvements at the
northerly end of the entire east-west right-of-way. No new
improvements are necessary for the north-south right-of-way
owned by Wernick due to the fact that its base is in excellent
condition and was accepted by the Southold Town Planning Board
in the (Baxter) subdivision application.
Once all improvements have been placed and the work
completed, please provide us with a brief letter or note from
the contractor confirming the materials used and a brief
description of the work done. Shortly thereafter, we will
arrange for a final inspection and further advise as to whether
the right-of-way has been accepted.
Very truly yours,
Linda Kowalski, Clerk
Board of Appeals
Enclosures
Copies of Decision to:
The Bokina Family, Oregon Road, Cutchoque, NY 11935
Ms. Dorothy Katylak, Pinewood Road, Cutchoque, NY 11935
Southold Town Building Department
?age 15- Minutes
$outhold Town Board of Appeals
~ Regular Meeting of January 12,
!
1994
"AS BUILT" PROJECTS: Board Members Villa and Dinizio
asked that the Legal Notice publications of hearings advertise
those projects which are existing "as built." The first step .
in the appeal process is submitting a written application for a
Notice of Disapproval which does not require the Building
Department's inspection of the site. (Although most applicants
admit that their situation may already exist due to error of the
previous owner, etc., it may be necessary in the future to
request earlier inspections by either a ZBA Member or Building
Inspector (prior to advertising the Legal Notice) to determine
whether or not a few projects are existing - particularly for
uses such as accessory apartments, etc. (For inside projects a
consent will be necessary from the property owner.)
REQUEST FOR R-O-W INSPECTION: The Board Members were
informed that Richard Corrazzini, contractor for Becky Johnston,
has today submitted a memo for the record to show the type and
extent of materials placed on the private right-of-way located
off the North Side of Oregon Road, Cutchoque, as it extends in
an east-west direction at the northerly end. A final
inspection has been requested by Ms. Johnston by the Z.B.A. in
order that she may return to the Building Department and obtain.
her final Certificate of Occupancy
There being no other business properly coming before the
Board at this time, the Chairman declared the meeting
adjourned. The meeting adjourned at approximately 9:30 p.m.
Respectfully submitted
- /Linda Kow~lski, Clerk~/F~z
.~~~~_~_ Boardof Appeals
/Approved - Gerakd P. Ggeqsringer
Chairman // /94
Town Clerk, Town of ~out,o,d
Page 4 - Appl. NOO191
Matter of BECKY JOHNSTON (280-A)
Decision Rendered November 8, 1993
new applications for this and/or other properties in the area
utilizing these same rights-of-way as their only legal access
routes; and
7. After the improvements have been built along the
right-of-way, the contractor shall provide a confirmation of the
materials used and a brief description of the work performed,
and submit this with his written request for acceptance of said
improvements by the Board of Appeals. 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 for better maneuverability within the
easement area as may be reasonably necessary.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Dinizio, Villa and Wilton. This resolution was duly adopted.
lk
GERARD P. GOEHRINGER, CHA~
MAIN ROAD-STATE ROAD ~5 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (51~] 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3478
Application Dated February 28, 1986
TO: Michael J. Hall, Esq. as
Attorney fur' BECKY JOHNSTON
Youngs Avenue
Southold, NY !1971
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on September ]] ~ ]986,
the above appeal was considered, and the action indicated below was taken
on your [X] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a (temporary)
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[ ] Request for Variance to the Zoning Ordinance
Article , Section
[ ] Request for
Application of BECKY JOHNSTON. Variances for: (1) Building
Inspector to issue building permit allowing existing structure to
be weatherized, prior to final 280-a access approval, and (2)
approval of access in accordance With New York Town Law, Section
280-a, over private right-of-way extending from the northerly end
of Bridge Lane Extension and Oregon Road, over lands of Bokina,
identified on the Suffolk County Tax Maps as 1000-73-2-4, to
premises of Johnston, identified on the Suffolk County Tax Maps
as 1000-73-2-1.
WHEREAS, a public hearing was held and concluded on August 14,
1986 in the Matter of the Application of BECKY JOHNSTON under
Appeal No. 3478; and
WHEREAS, at said hearing all those who desired to be heard were
heard and their testimony recorded; and
WHEREAS, the board has carefully considered all testimony and
documentation submitted concerning this application; and
WHEREAS, the board members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the board made the following findings of fact:
1. The property to which appellant'is requesting New York
Town Law, Section 280-a approval, is located in the "A" Residential
and Agricultural Zoning District as more particularly shown on
survey amended August 7, 1985 prepared by Roderick VanTuyl, P.C.
#4508-6, contains a total lot area of 25,072 sq. ft., average
lot width of lO0 feet and lot depth of 287 feet, and is identified
on the Suffolk County Tax Maps as District 1000, Section 73, Block
2, Lot 1. The subject premises is improved with a single-family
dwelling under substantial re-construction.
2. The right-of-way over which appellant has requested
280-a consideration Js situated at the north side of Oregon Road
(and Bridge Lane Extension), and extends in a northerly direction
along the east side of Baxter's right-of-way and over lands of
Bokina, a distance of 1868
ment, then extending in an
(CONTINUED ON PAGE TWO)
Form ZB4 (rev. 12/81)
feet, more or less, to a survey monu-
easterly direction along a northerly
CHAIR~N, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
~ge 2 - Appeal No. 3478
,~atter of BECKY JOHNSTON (Variance)
Decision Rendered September ll, 1986
portion over lands also of Bokina, to the premises of the appellant,
a distance of 510 feet, more or less.
3. In this application,, appellant requests a Variance
pursuant to the requirements of New York Town Law, Section 280-a,
for: (a) the Building Inspector to be permitted to issue a build-
ing permit allowing the existing structure to be enclosed and
weatherized, prior to final 280-a access approval, and (b)
final New York Town Law, Section 280-a approval.
4. At a Special Term, Part II of the Supreme Court of the
State of New York, County of Suffolk, under Index No. 86-11849,
a proceeding is pending between the appellant and the owners of
the premises over which the right-of-way-is claimed concerning
the question of the applicant's easement and rights thereto.
5. The applicant and her attorney are~aware that this
board does not have authority 'to determine or grant right-ofSway
easements, and that this action is merel~ a temporary 280-a
variance, for the issuance of a limited building-permit by the'
Building Inspector, Which must conform with all other town,
cou.nty, and other governmental rules and regulat$ons, for the
enclosure of-the dwelli, ng presently under construction fo~
protection from bad weather conditions, and is subject to the
appellant having legal rights to enter over and upon these
lands, and as is ordered by. the C~urts in settlement of the
pending proceeding. ~.
6. Assurance has been given by the applicant and her
attorney that physical access to the structure is available
by reasonable mean~ and that there will be no occupancy of
the premises once the structure is enclosed for weather
protection.
7. It is noted 'for the record that under Appeal No. 2609
a conditional 280-a variance was granted on January 22, 1980
concerning premises to the west and conditions of which have
not yet been complied.
8. After inspection, it is the opinion of the board
members that some improvements will be necessary upon the
right-of-way for sufficient access by fire and emergency
vehicles, as further noted below.
In granting this temporary 280~a variance, the board finds:
(a) the relief requested is not substantial; (b) there will
be no substantial change in the character of this district;
(c) the relief as conditionally granted will not cause a
substantial effect or detriment to adjoining properties;
(d) the circumstances of this appeal are unique and there
is no other method feasible for appellant to pursue other
than a variance; (e) in view of the manner in which the
difficulty arose, justice will be served by. allowing the
variance, as conditionally noted below.
Accordingly, on motion by Mr. Sawicki, seconded by
Mr. Goehringer, it was
RESOLVED, that a temporary 280-a approval is hereby
age 3 - Appeal No. 3478
Matter of BECKY JOHNSTON (Variance)
Decision Rendered September ll, 1986
GRANTED TO ALLOW ISSUANCE OF A TEMPORARY AND LIMITED BUILDING
PERMIT SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the applicant have an easement and rights over
the right-of-way in question;
2. That this approval is subject to the action of the
Courts p~nding concerning this matter;
3. That the applicant and/or future property owners
must re-apply for f~nal 280-a approval in accordance with
reconsideration;
include the
within the base
New York Town Law after Court settlement for
4. That this temporary 280-a approval
following improvements for sufficient access
of the right-of-way:
barn,to the most
Extending from the rear of the existing
northerly survey monument, a distance of 800 feet, more or less
be excavated six inches deep and replaced with six inches of
bankrun (20% stone content), a minimum width of ten feet.
5. Proper issuance of a'temporary building permit shall be
permitted by the Building Inspector only for the enclosure of
the dwelling under construction for protection from bad-weather
conditions. No further construction shall be permitted until
final 280-a has been filed and re-considered (see Condition No. 3,
supra.)
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Douglass and Sawicki. This resolution was duly adopted.
lk GERARD P. GOEHRINGER, CHAIRMAN
September 14, 1986
PUBLIC HEARING
BOARD OF ZONING APPEALS
TOWN OF SOUTHOLD
November 8, 1993
Pres e n t :
(7:30 p. m.
HON. GERARD P. GOEHRINGER,
SERGE DOYEN, Member
JAMES DINIZIO, JR., Member
ROBERT A. VILLA, Member
RICHARD C. WILTON, Member
LINDA KOWALSKI,
Hearings Commenced)
Chairman
Clerk-Assistant to Board
ZBA HEARINGS 11/8~3
53
APPLICATION NO. 4191 - BECKY JOHNSTON.
Hearing reconvened (continuation from 10/18/93). This pertains
to the applicant's request for a variance under New York Town
Law, Section 280-A, for acceptance of minimum standards of
improvements over new easement right-of-way areas, as modified
since the prior Appeal Hearing/Determination rendered 9/11/86
No. 3478. Right-of-way off N/S Oregon Rd.,
under Appl.
Cutchogue.
9:00 p.m.
(The Chairman opened the hearing and read the legal
notice and application
THE CHAIRMAN:
tonight?
MS. JOHNSTON:
for the record.)
Okay, Miss Johnston, how are you
Fine. The area was surveyed, again, by
Rod Van Tuyl. I believe you are aware of that, and you have a
copy of the certified survey. Mr. Corazzini is here tonight so
that you can discuss the type of road and what needs to be done.
tonight.
THE CHAIRMAN:
-MS. JOHNSTON:
Good.
I am hopeful that we can get adecision
THE CHAIRMAN:
MS. JOHNSTON:
THE CHAIRMAN:
Bokina family: Have you seen the survey?
problems with it, Ted?
You will have a decision.
Great, because obviously the weather --
The only question I have is of the
Do you have any
ZBA HEARINGS 11/8~/93
54
it.
first,
TED BOKINA:
figures, there is at
cleared up --
correct?
serious
TED BOKINA: Yes, I have some, a little problem with
THE CHAIRMAN: Okay, why don't you bring that up
so we know where the problem is.
TED BOKINA: Good evening.
THE CHAIRMAN: How are you?
TED BOKINA: Have you been up there?
THE CHAIRMAN: Yes.
There is at least, according to our
least six to twelve feet that have to be
THE CHAIRMAN: Excavated.
TED BOKINA: To where the right-of-way belongs, am I
THE CHAIRMAN: Yes.
TED BOKINA: So that is one of the problems.
THE CHAIRMAN: Okay.
TED BOKINA: Another slight problem --which could be a
problem-- electrical lines.
THE CHAIRMAN: Right. I read that. Where are they?
TED BOKINA: Where are they? That is what I want to
know.
THE CHAIRMAN: We can find that out.
in there with a metal detector and find it out.
idea?
Somebody can go
Do w~ have any
ZBA HEARINGS 11/8~93
55
MS. JOHNSTON:
right-of-way.
THE CHAIRMAN:
MS. JOHNSTON:
THE CHAIRMAN:
The electrical lines are not along that
They are not. They are in the woods?
They are in the woods.
In the woods, okay. Do you want to
check that with a metal detector and make sure?
TED BOKINA: I would like to have those checked, yes,
because we are going to do some cleaning up of our property. I
just don't want someone to get hurt with electrical lines.
THE CHAIRMAN:
MS. JOHNSTON:
appreciate your concern.
property.
easement.
Good.
They absolutely are not there. I
But they are positively not there.
TED BOKINA: Where are they?
MS. JOHNSTON: They are in the woods, not on your
TED BOKINA: They are not supposed to be on the
MS. JOHNSTON: Right.
~HE CHAIRMAN: Right. Could I ask a question? When
we get this whole right-of-way situation all improved and all
that, are you guys going to block that first right so that
people can't go up that way? I don't mean by blocking, you
know, put a couple --
TED BOKINA: We had at one time.
THE CHAIRMAN: Got run over or something.
ZBA HEARINGS 11/~/93
56
TED BOKINA: Run over--
THE CHAIRMAN: But we are in almost --we are pretty
well agreeable that the right-of-way is where it is supposed to
be, on the survey.
TED BOKINA: On the survey, yes.
THE CHAIRMAN: Okay. So what we are going to propose
here is this: We are going to propose that Miss Johnston
--excuse me for brutalizing your name again-- I apologize. That
she excavate toward the cliff, remove everything that is on your
property, okay. Contour the road so it lies toward the cliff so
that the water runoff doesn't come off on your area; and when it
is all done, okay, we are going to go up and look at it. We
will give you a call if you want; you want to meet us up there,
whatever?
TED BOKINA: That would be fine.
THE CHAIRMAN: Do you have any particular problems--
TED BOKINA: Uh-huh.
THE CHAIRMAN: And we will clear that whole thing up
at the end of the thing, and you know, even Mr. Corazzini once
he finishes the job, too, you know. And we will wrap the
whole thing up, and then everybody will be happy. How does
that sound?
TED BOKINA: How about these electric lines? I am
very concerned with these electric lines.
THE CHAIRMAN: Okay. You don't have anybody witk a
ZBA HEARINGS
57
metal detector that you know? Can you give us some note from
LILCO or something where these things are, or something of
that nature?
MS. JOHNSTON: I don't know if I can get one from
LILCO. It was put in privately, I don't remember the guy's
name. It was before I was ever up there. Anderson or
something like that.
THE CHAIRMAN:
they know who did it.
MEMBER VILLA: Are there visible junction boxes or
what have you?
MS. JOHNSTON: It runs through the two, there is two,
well, actually the box is at the gray house, Sharon Lee's
(phonetic) house, you know that house, that is where the box
is. And then it runs from there over to my property through
those two lots. It absolutely is not on the road, and there
was electricity up there before I ever --
TED BOKINA (interposing): No, no, there was no
electricity there. You put the electricity there.
MS. JOHNSTON: No, when I bought the property, the
electricity was there.
TED BOKINA:
THE CHAIRMAN:
TED BOKINA: No overhead lines.
THE CHAIRMAN: No o~,erhead lines
Maybe you can ask somebody up there if
at all. So it had
There was no electricity there.
Were there ever any overhead lines?
ZBA HEARINGS 11/~/93
58
to be someplace dug--
TED BOKINA: Lord knows where they are.
THE CHAIRMAN: Well, we are going to ask Richard
Corazzini when he digs down there to be extra special careful
to watch and make sure --If you pick up a line, mark it so we
know where the line is in reference to the stakes, all right?
MR. CORAZZINI: I have to agree with Bokinas. I think
it should be staked out and marked where the electricity is
before I go in there and do digging. I don't want to go digging
any lines.
THE CHAIRMAN: I couldn't agree with you more, but I
don't think we know where the lines are, and that is the problem.
TED BOKINA: I hate to think of somebody being hurt.
We don't know whether they are legitimately deep enough, to
specs. I got no idea.
MR. CORAZZINI: I think what you are insinuating to
the Board, just with a metal detector you could tell where they
are. It is a good idea.
THE CHAIRMAN: I think that is the best thing. I
don't know anybody who has one. That is the problem, you know,
so whatever you want to do--
MR. CORAZZINI: Doesn't LILCO come up and mark it
out?
THE CHAIR~_~N: Not usually on Private property. That
is the p~oblem, you know.
ZBA HEARINGS 11/8~93
59
TED BOKINA: You know there is a crossover -- on the
property we own up to the Sound, there is a crossover there that
I know they were digging over there one day, and I don't know if
the lines are sitting there or where they are.
THE CHAIRMAN: How can we clear that up? Do you have
any idea, Ms. Johnston?
MS. JOHNSTON: I really don't. I think the electrical
easements are in the deed on those various properties, between
my house and the gray house, you know, Sharon Lee's house.
THE CHAIRMAN: Yes, but you see the problem we have is
now we are going to be protruding into this area, okay, which
appears to be overgrown,.all right. Could have been a cut done
in there; and as Mr. Corazzini says, he doesn't want to run into
that. Okay. So whatever you can do before he starts the job to
assist him in locating this --and we will let the Bokina family
know exactly where it is. I hope you don't mind me referring to
you as a family because if I go to each, we could be here all
night.
TED BOKINA: No.
THE CHAIRMAN:
MS. JOHNSTON:
suggestions?
detector.
Could you assist us in some way there?
Sure. Does anybody.have any
THE CHAIRMAN:He says a metal detector.
MS. JOHNSTON: I don't know if I can get a metal
I haven't the slightest--
ZBA HEARINGS 11/8/93
60
MR. CORAZZINI:
MS. JOHNSTON:
MEMBER VILLA:
I think I can get one.
Oh, that's great. Fine.
I was going to suggest you
call LILCO
and if they can't assist you, then you could ask them who you
would turn to, and they might be able to give you some advice.
BOARD CLERK: Maybe an electrician can help out.
MR. CORAZZINI: We will definitely have to find out
where the lines are; and you are not going to go in there with a
machine and start digging out stumps and widening that road that
is on her property without knowing where those lines are.
THE CHAIRMAN: Correct.
MS. JOHNSTON: .The fact of the matter, too, is really
there is hardly anything in the way of brush or stumps that has
to be removed. You were up there on Saturday, and you can see
what we are talking about. We are not talking about the removal
of tremendous debris--
THE CHAIRMAN: No, but what we are concerned about and
you have to look at it this way --I am not a member of Cutchogue
Fire Department-- I don't know if this is Cutchogue or
Southold. Still Cutchogue, right? But the growing back of that
foliage onto the right-of-way, okay, is going to push any fire
vehicle, be it an emergency vehicle in the way of an ambulance,
or a fire-truck, back onto_their property; and if it is in the
wintertime, that truck is going down. There is no question
about it. Because that is all topsoil up there, as you know.
ZBA HEARINGS 11/8~93
61
You have tried to transverse that years upon years upon years,
okay. So it only makes sense that whatever vehicles go up
there, they stay on the right-of-way which is going to be
constructed; and there is no doubt in my mind, we are standing
here with, sitting here with the family. We know that there is
a lot of debris. When I say "debris," I am referring to stone
on their property, which is going to be cleaned up and put back
on your property, or on your right-of-way, which is their
property but is a right-of-way over, okay. So that is the
reason why we are just asking you to cut back after the road is
improved and to maintain that cutback, so that we don't end up
with vehicles in their farm.
MS. JOHNSTON: Right.
THE CHAIRMAN (continuing): --conceivably. You know
you don't only do damage to their farm, which is one thing. You
do damage to emergency vehicles which can't be replaced
overnight, and the men and women that are on those emergency
vehicles. And that is the problem, okay. And that is the
purpose of 280-A or New York Town Law 280-A and so on and so
forth. Does everybody agree with that?
SEVERAL VOICES: Yes.
THE CHAIRMAN: Okay. So we will do that. We'll make
that a decision for you tonight, and you in turn Mr. Corazzinl,
get the metal detector so you know where you are starting, and
we will go from there, and that is it.
ZBA HEARINGS 11/~/93
62
MS. JOHNSTON: Just a word. First of all, how wide
does the road have to be?
THE CHAIRMAN: Ten.
MS. JOHNSTON: It has to be 10 feet wide. Okay. So
it doesn't have to be the full right-of-way.
THE CHAIRMAN: No.
MS. JOHNSTON: And I just wanted to doublecheck in
terms of the surface. The surface is--
THE CHAIRMAN: We haven't discussed it yet. We are
going to discuss that right after this, okay. Because I haven't
--I have only made a proposal, all right, to my Clerk. She
asked me what my opinion, was, and I am not speaking for these
other four astute gentlemen on this Board, particularly Mr.
Dinizio, who has a tendency to take two-wheel-drive vehicles
into four-wheel-drive areas. I just wanted to ask Mr. Corazzini
a question before we close this hearing.
right-of-way up there for Ms. Johnston?
put down at all?
MR. CORAZZINI:
THE CHAIRMAN:
Did I do that?
You did, okay.
Did you do any of that
Any of that stones they
Yes.
How thick is that stone?
MR. CORAZZINI: Well, the roadway, you know the
roadway you rode on before there, that is the same product, is
on that road roadway is what is in front of her prcperty.
THE CHAIRMAN: Okay. The only difference is that the
north/south right-of-way has been, you know.~here has been
ZBA HEARINGS 11/8~93
63
hundreds and hundreds of yards of crushed shells and everything
else put on that thing, so that is a great base, okay. Where we
have a stance in between where we make that turn which is still
virgin, and then we go over to the area which you and your
family have worked on, okay.
MR. CORAZZINI: Right.
THE CHAIRMAN: So you are going to extricate or take
up all that area that is on the Bokina property off the
right-of-way and you are going to cut the brush back, and then
you are going to put that back on, and then we have to now
improve that section, after we make the loop, from there to that
point where you started,.right?
MR. CORAZZINI: That's right. I hadn't thought about
that, but you are right. I am just trying to cross all the t's
and dot all the i's; and if you think that the culmination is
--or the beginning of the hearing this last time, as I said to
this nice lady, I have seen her before-- We have seen her since
1986. It is no offense, I am saying it on the record --We
really don't want to see you again.
MS. JOHNSTON:
THE CHAIRMAN
right-of-way.
MS. JOHNSTON:
(Laughter in audience.)
THE CHAIRMAN:
Thank you.
(continuing): --concerning this
I am not offended.
Yes, John.
ZBA HEARINGS 11/8~/93
64
point,
JOHN
margin.
JOHN (Bokina):
from somebody's property line, prints or pool or whatever?
THE CHAIRMAN: You are referring to the area on the
edge of the right-of-way?
JOHN (Bokina): Right.
THE CHAIRMAN: Okay. That brings up an interesting
because I don't know how to --
(Bokina): The fence thing is right on the
THE CHAIRMAN: Right.
Is there somebody's (inaudible word)
I don't know how to keep the
stone on the right-of-way, as we know this stuff moves
constantly, okay. I don~t know --and I am not trying to cause
people more expense-- I am not trying to do all the things that
we normally have to do here; but some sort of curb or some sort
of natural barrier, some sort of this, I have no idea.
Personally, between you, I and the lamp post, I know what I
would do. I would want to rototize (phonetic) out there, but I
know that is a great expense, all right, because that would
immediately preserve that straight line right down the road, and
there would be no overlapping of stone, all right. At the same
time any emergency vehicles coming up there would know that tha{
is as far as they could go with driving steel in back of them
all the way down, you know, that is one road. Yes, sir?
MR. : The field, where the farmer goes, he uses
this, too--
ZBA HEARINGS 11/8~93
65
THE CHAIRMAN:
railroad ties in there,
MR. :
To turn around, yes. Can't put
no. What can we use?
Once it is cleared to the boundary
line, there really shouldn't be too much of a problem.
THE CHAIRMAN: Okay.
MR. : But it has to be totally cleared.
THE CHAIRMAN: That is why I am asking the question,
because John brought up a good point.
MR. TED BOKINA: I am talking about that corner
monument.
THE CHAIRMAN: Oh, the corner monument, okay.
MR. : --like a swimming pool.
MR. TED BOKINA: Is there a town law or ordinance that
you have to be so many feet away from somebody's property line
in order to have a pool or whatever? It is right on the line.
asking,
on that.
that.
the
THE CHAIRMAN:
MS. JOHNSTON:
THE CHAIRMAN:
I am sorry.
ASSORTED BOKINAS:
Didn't she have a variance?
I have a variance.
I didn't know that was what you were
We never got no notice or nothing
THE CHAIRMAN: I don't know. We will have to look at
I can't answer that question tonight.
MR. TED BOKINA: Because the cement thing is directly,
footing is right on top of the monument. When Van Tuyl came
ZBA HEARINGS 11/8/93 66
down there,
was right on top of it.
THE CHAIRMAN:
I know it, and ladies.
MS. JOHNSTON:
just want to be very clear now.
take care of the metal-detector.
THE CHAIRMAN:
MS. JOHNSTON:
THE CHAIRMAN:
MS. JOHNSTON:
ten-foot road.
THE CHAIRMAN: Right.
he couldn't find it and dug underneath there, and it
So that is basically it, gentlemen, as
Could you Just restate where we are? I
We can --Mr. Corazzini will
Right.
And then can go ahead.
Right.
And clear what has to be cleared for a
MS. JOHNSTON: And then we can cover it in, the
sloping away from the farm field?
THE CHAIRMAN: To the bluff.
MS. JOHNSTON: And then covered with this asphalt we
are talking about, is that?
THE CHAIRMAN: It is not asphalt, no. It is --We
haven't made the decision on what the excavation is to be.
BOARD CLERK: You are going to have to wait until
they do that. We will put it in writing.
THE CHAIRMAN: You are a little premature here, by
about four minutes.
ZBA HEARINGS 11/8/93 67
BOARD CLERK: I can't start until eight o'clock
tomorrow morning.
MR. TED BOKINA: Ms. Johnston is talking about ten
feet. Are we going to clear this to the property line or are we
going to run into problems?
THE CHAIRMAN: No. We are going to clear this 13
feet; we are going to clear it ten for the road, and three feet
for the overcut. All right. So as you know, the emergency
vehicle is about eight and a half feet wide. The wheels of the
vehicle are going to be right on the road, okay. There is not
going to be anything brushing against it. That is my proposal
to the Board. Okay, and we will see how it goes. All right.
It feels better in here. Thanks a lot. We should have done
that two hearings ago.
MR. TED BOKINA: Thank you.
THE CHAIRMAN: You're welcome. Goodnight.
THE CHAIRMAN: Gentlemen, my reason for asking Mr.
Corazzini what he has put in there is this: I am proposing that
all virgin area be excavated to between eight and ten inches in
depth, approximately eight inches, 6 to 8 inches of stoneblend
be placed in so as to provide a drainage factor, 2 to 3 inches
of loam, and the rest stoneblend to be placed on top, okay. And
that the entire right-of-way be actually niched (phonetic)
toward the bluff. This is not a professional job here by me --I
am not an engineer-- you know, like you are.
ZBA HEARINGS 11/8~/93
68
MEMBER VILLA: Why are you throwing loam on top of
stoneblend? And then on top of it-- THE CHAIRMAN: I
don't have to --only because the people that I have spoken to
say that the loam actually locks in--
MEMBER VILLA: Stoneblend?
THE CHAIRMAN: Yeah --between stoneblend and bank-run,
you know. I am open for discussion. You are the engineer.
BOARD CLERK: Let's close the hearing first.
MEMBER VILLA: What do you normally put down as a
sub-base like this stoneblend? If you put 6 inches of
stoneblend, you are not going to put anything on top of that
unless you put macadam, right?
MR. CORAZZINI: That's right. For a roadway like
this, I think it would be sufficient Just to clear off the heavy
topsoil and get down to something that is workable like some
loam, something that is there that is not so heavy, and then put
down 4 inches of stone material on top of that. The stoneblend
that is there now is really --let's clarify that-- It is a
mixture of stone and asphalt-blend, which is on that
north-and-south road, the first road up there. And we found it
really is not as dusty as the stoneblend and why we mix asphalt
in with it. It tends to stay in place.
THE CHAIRMAN: It interlocks a little bit?
MR. CORAZZINI: Yes.
ZBA HEARINGS 11/~93
69
THE CHAIRMAN: Okay, so what do you want to go in
reference to an excavation? What do you want to excavate the
virgin portion of the right-of-way?
MEMBER VILLA:
that he says is stable.
THE CHAIRMAN:
He just wants to get down to something
We have to write that as a decision, so
tell me what you want to do.
MEMBER VILLA: It is hard to say. If you have three
feet of topsoil, you want to get rid of three feet.
topsoil.
THE CHAIRMAN:
MEMBER VILLA:
THE CHAIRMAN:
I don't think there is 3 feet of
I don't either.
Just throwing that as an example.
MR. TED BOKINA:
topsoil after you get it?
THE CHAIRMAN:
MEMBER VILLA:
MR. CORAZZINI:
What are you going to do with that
Going to have to get rid of it.
Put it on your farm?
We'd have to excavate it for a move
suitable sub-base and then put back to the same level, so we are
not putting the road in a hole. So it is on the same elevation
as the rest of the area, if that was necessary.
THE CHAIRMAN: When I was up there, and the existing
version -- I am referring to the point after we make the turn,
come out of the wood area that hasn't been worked on, I did not
see a great deal of topsoil in that area, okay.
ZBA HEARINGS 11/~/93
70
MEMBER VILLA:
down a few inches until
THE CHAIRMAN:
MEMBER VILLA:
minor roadway.
BOARD CLERK:
THE CHAIRMAN:
So basically all he has to do is get
he can get his stoneblend in.
So what do you want, 4 inches?
Yeah, for that length of road, it is a
So you are excavating 4 inches?
Now let's go into the area that he has
worked on, all right, where the road has to be widened, or
deepened as we stand in front of it toward the bluff. What do
you want to excavate there?
MEMBER VILLA: He is going to have to get rid of what
he has got in there and probably re-use it on a thinner basis,
then blend that with--
MR. CORAZZINI: Back up one step. Where the stone is
now, where I really have it halfway graded --
THE CHAIRMAN:
confusion at all.
MEMBER VILLA:
Let's draw it so that there is no
Gerry and the blackboard!
(Drawing commences.)
BOARD CLERK: I want to be able to write it down, too.
THE CHAIRMAN: This is the virgin area here that we
just took care of, right? This is the area that--
MEMBER VILLA: Infringes on the farm.
ZBA HEARINGS 11/8~93
71
THE CHAIRMAN: This is the area that we are moving
okay, approximately fifty paved 3-foot overcut, total of 13
feet. Now, what is your question?
before I
that was
in,
MR. CORAZZINI: My question is: Ail I really did
put that stoneblend down was grade the existing roadway
there, the farm-road that Bokinas have been using for
years.
THE CHAIRMAN:
MR. CORAZZINI:
Okay, so that is a good point.
I really didn't excavate that properly
as you are talking about here.
THE CHAIRMAN: That is a good point. So it would make
sense for you to do this first, take all of that and put it over
here, okay. Then excavate this--
MR. CORAZZINI:
THE CHAIRMAN:
MR. CORAZZINI:
THE CHAIRMAN:
Right.
And resurface that, right?
Right.
This of course is not drawn to scale,
this distance here is probably almost as great as this distance
to there,
right?
MR. CORAZZINI:
THE CHAIRMAN:
Right.
So what do we suggest that you deal
with this? How far do you want to go down with that?
MEMBER VILLA: Until he gets down to a suitabnle
base. I don't think it is going to be much.
ZBA HEARINGS 11/~/93
72
be much?
THE CHAIRMAN: Okay. You don't think it is going to
MEMBER VILLA: Shouldn't be.
THE CHAIRMAN: You should know. How far you think we
have to go down there, Jack?
MR. BOKINA: As far as what kind of base there is?
THE CHAIRMAN: Yes.
MR. JACK BOKINA?: Right now?
is pretty hard.
THE CHAIRMAN: Pretty hard there?
MR. JACK BOKINA?: The only place that got softened up
quite a bit is where Becky started driving on the property right
in here. We were in here and met going up here, like this
(indicating). That little wave has been in there twenty-some
years.
THE CHAIRMAN: So if we talked three inches, four
inches, in reference to depth to get down to, we are all right?
And then we would go from there on this stuff. Because it has
to be regraded, too, on the basis-- okay. Good. All right. I
think that takes care of that. Any questions?
MR. CORAZZINI: How about the area where you just drew
the line: What do these guys want done to bring that back to
the way it was?
THE CHAIRMAN: It is not part of this application.
Whatever you want to do, whichever you can agree to with them.
It is a sandy base; it
ZBA HEARINGS 11/8~/93
73
SEVERAL BOKINA VOICES: We are going to clean our
piece of property.
THE CHAIRMAN: That is why I asked them if they are
going to put some stanchions in here so people don't go up that
way --because you know what is going to happen in emergency
vehicles in the wintertime-- they are going right down to their
axles in there, if you run into a problem.
MR. BOKINA: That is what happened with the trucks
when Miss Jones was there.
THE CHAIRMAN: When they were building the house,
right?
MR. BOKINA: When they pull in there, they pull back
out into the field. They got stuck and they buried. That is
why we started to raise hell.
THE CHAIRMAN: So I think we have this down. We will
go from there. Thanks very much.
(End of 11/8/93 ZBA Public Hearings. jdr)
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
SCOTF L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
BOARD OF APPEALS
TOWN OF SOUTHOLD
SE~RA UNLISTED ACTION DECLARATION
Appeal No. 4191 Project Name: Becky Johnston
County Tax Map No. 1000- 73-2-l, 72-l-1.9
Location of Project: N/S 0re90n Rd.
September 7, 1993
(AKA 9208 Bridge La.), Cutchpgue, NY
Relief Requested/Jurisdiction Before This Board in this Project:
R-O-W, as amended, over Baxter easement
This Notice is issued pursuant to P~rt 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental Quality
Review Act of the Environmental Conservation Law and Local Law #44-4 of
the Town of Southold.
An Environmental Assessment (Short) Form has been submitted with the
subject application indicating that no significant adverse environmental
effects are likely to occur should the project be implemented as planned,
and:
{ } this Board wishes to assume Lead Agency status and urges
coordinated written comments by your agency to be submitted with the next
20 days.
{X } .this Board has taken jurisdiction as Lead Agency, has deemed
this Board of Appeals application to be an Unlisted SEQRAAction, and has
declared a Negative Declaration for the following reasons:
a. An Environmental Assessment has been submitted and evaluated, and/or
b. An inspection of the property has been made, or
c. Sufficient information has been furnished in the record to evaluate any
possible adverse affect of this project as filed, and/or
d. This application does not directly relate to new construction or
on-site improvements.
{ } this Board refers lead agency status to your agency since the
Board of Appeals does not feel its scope of jurisdiction is as broad as
the Planning Board concerning site changes and elements under the site
plan reviews. The area of jurisdiction by the Board of Appeals is not
directly related to site improvements or new buildings. (However, if you
do not wish to assume lead agency status within 15 days of this letter, we
will assume you have waived same, and we will be required to proceed as
Lead Agency.)
For further information, please contact the Office of the Board
Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809.
mc
of
~J, ~
~ 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
November 1, 1993
SCOTTL. HARRIS
Supervisor
Town Hall, 53095MainRoad
PO. Box l179
Southold, New York 11971
Fax(516) 765-1823
Telephone (516)765-1800
Ms. Becky Johnston
P.O. Box 1098
Cutchogue, NY 11935
Re: Appl. No. 4191
Dear Ms. Johnston:
- Variance under Town Law, §280-A
Continuing on the public hearing held on October 18, 1993
and your inquiry last Wednesday, this letter confirms that the
Board of Appeals is awaiting prints of an updated survey
prepared by a licensed surveyor or engineer which will show the
location of the subject right-of-way over which you have an
easement, and including the following new information:
a) all traveled portions of the right-of-way at the north
end of the right-of-way which runs in an east-west direction;
b) the edge of the woods as exists at the northerly end.
Prior to the public hearing on November 8th, please contact
our office indicating the approximate time and day the
surveyor-engineer will be staking the outside borders of the
right-of-way in order that representatives of the Board of
Appeals may be given an opportunity to view their positions.
In the event you are not able to submit the requested
survey by the evening of November 8, 1993, it will be necessary
to keep the record open for the purposes of further public
review and additional comments. Please keep us advised.
Very truly yours,
GERARD P. GOEHRINGER
CHAIRMAN
lk
WILl.lAM ]?. BATES
September 3, 1993
MS. BECKY JOHNSTON
POB 1098
Cutchogue, NY 11935
re: Right-of-Way
Dear Ms. Johnston:
I am writing to you on behalf of my clients, EDMUND and TED BOKINA. They
have received a notice from the Southold ZBA informing them of your application
for a Certificate of Occupancy for your house and pool. The notice referred to
Section 280A, Subsection 3, of the Town Law which states that "before building,
an applicant must have a road built to Town standards, or, if not, must seek a
varianCe". You are seeking such a variance.
The Bokinas object to your scraping the roadbed and covering it with
'stone blend'. The stone makes it difficult for a farmer to turn his equipment
around, it will interfere with cultivation and the raised roadbed will result in
flooding on the field.
The Bokinas have located concrete monuments placed by a surveyor along the
roadway, and they believe that you have placed the stone blend south of your
right-of-way, in their farm field. You are limited to the use of fifteen (15)
feet only over the easterly 227 feet, and 20 feet over the westerly portion.
Therefore, we demand that you obtain a current survey and mark the location of
your right-of-way. You will then move all stone blend to its proper location
and change the slope of the roadbed so that it slopes away from the farm field.
You must also take some measure to prevent the crushed stone from being moved
into the farm field.
Yours very truly,
WILLIAM F. BATES
WFB:bap
Cert Mail/Ret Rct No. P 657572780 and Re9 Mail
cc: Mr. Edmund Bokina
Mr. Ted Bokina
Prepared by
Carter, Ledyard & Milburn
EASEMENT AGREEMENT
between
STANLEY WERNICK, ROGER VORCE, SHATSWELL PROPERTIES,
INC., WILLIAM G. ELS AND ELLEN M. ELS
AND
BECKY JOHNSTON
affecting premises located on the
north side of Oregon Road, Cutchogue,
Town of Southold, County of Suffolk,
and State of New York.
The land affected by the within instrument lies
in District 1000, Section 072.00, Block 01.00,
Lot 001.001, and in District 1000, Section 073.00,
Block 02.00, Lot 001.000, all on the Land and
Tax Map of the Town of Southold, the County of Suffolk.
DISTRICT: 1000
SECTION: 072.00 and 073.00
BLOCK: 01.00 and 02.00
LOT: 001.001 and 001.000
TOWN OF SOUTHOLD
COUNTY OF SUFFOLK
PLEASE RECORD AND RETURN TO:
CARTER, LEDYARD & MILBURN
Two Wall Street
New York, New York 10005
Attention: Macculloch M. Irving
12.7.92
EASEMENT AGREEMENT
This Agreement dated as of , 1992 made
between Stanley Wernick, 28 Colonial Drive, Huntington, New York,
Roger Vorce, 405 East 54th Street, New York, New York, Shatswell
Properties, Inc., a New York corporation, c/o Roger Vorce, 405
East 54th Street, New York, New York, William G. Els and Ellen M.
Els, his wife, 15 Willard Way, Dix Hills, New York, and Becky
Johnston, 471 West 22nd Street, New York, New York.
~%~ESS~:
WHEREAS (1) references by number to certain Lots herein
· shall be to such Lots as they appear on the survey or plat
entitled "Minor Subdivision made for Baxter Properties, Inc. at
Cutchoglle, Town of Southold, N.Y." by Roderick Van Tuyl, dated
Septe~ber 26, 1979, as amended on July 18, 1980 and on May 21,
1981 and approved by the Planning Board of the Town of Southold
on August 12, 1981, relating to a subdivision of premises located
on the north side of Oregon Road, Cutchog~e, Town of Southold,
County of Suffolk, New York, more particularly described on
Exhibit A annexed hereto and made a part hereof (the "Subdivision
Premises") into four lots and a private right-of-way (said survey
or plat being herein called the "Minor Subdivision Plat" and the
subdivision of the Subdivision Premises show~ thereon being
herein called the "Minor Subdivision" or the "Subdivision"); and
WHEREAS (2) William G. Els and Ellen M. Els
(collectively "the Elses") are the owners of Lot i on the Minor
-2-
Subdivision, more particularly described in Schedule B annexed
hereto and made a part hereof; and
WHEREAS (3) Shatswell Properties, Inc., a New York
corporation ("Shatswell") is the owner of Lot 2 on the Minor
Subdivision, more particularly described on Schedule C annexed
hereto and made a part hereof; and
WHEREAS (4) Roger Vorce ("Vorce") is the owner of Lot 3
on the Minor Subdivision, more particularly described on Schedule
D annexed hereto and made a part hereof; and
WHEREAS (5) Stanley Wernick ("Wernick") is the owner of
Lot 4 on the Minor Subdivision, more particularly described on
Schedule E annexed hereto and made a part hereof; and
WHEREAS (6) Becky Johnston ("Johnston") is the owner of
a certain parcel of land lying easterly of the Subdivision
Premises, more particularly described on Schedule F annexed
hereto and made a part hereof, such property being herein called
the "Johnston Property"); and
WHEREAS (7) the Elses, Shatswell, Vorce and Wernick
(collectively, the "Lot Owners") are the owners in fee of a
right-of-way (herein called the "North/South Subdivision Road"),
running northerly from Oregon Road and described in Schedule G
annexed hereto.
WHEREAS (8) Johnston has requested that the Lot Owners
grant her a non-exclusive easement to use the North/South
Subdivision Road for purposes of ingress to and egress from the
Johnston Property only and is willing to share in the costs of
-3-
maintaining and repairing the North/South Subdivision Road in
return for such easement; and
WHEREAS (9) The Lot Owners in return for Johnston's
agreement to share in the cost of maintaining and repairing the
North/South Subdivision Road, have agreed to grant Johnston an
easement over the North/South Subdivision Road, in common with
others, for purposes of ingress to and egress from the Johnston
Property only upon the terms and conditions herein set forth:
NOW, THEREFORE, in consideration of the foregoing and
of the agreements herein contained:
IT IS AGREED, AS FOLLOWS:
1. Grant of Easement. The Lot Owners hereby grant and
release unto Johnston, her heirs, successors and assigns, a non-
exclusive surface easement over the North/South Subdivision Road,
appurtenant to the Johnston Property, for purposes of ingress and
egress only, and not for utilities or for any other purpose.
2. Termination. The easement granted herein shall
automatically terminate upon the occurrence of any of the
following events:
(a) the construction of a north/south access way
approved by the Southold Town Zoning Board of Appeals or the
Planning Board over the strip of land 16 1/2 feet in width
running northerly from Oregon Road between land now or formerly
of Bokina on the east and the North/South Subdivision Road on the
west 976 feet, more or less, to the adjacent parcel on the west
as it runs southwesterly (the "Bokina Road"); or
-4-
(b) the dedication to the Town of Southold of the
Bokina Road or the road that abuts the Johnston Property (or
both).
The provisions of this Section 2 shall be self-
operative and no further instrument shall be necessary to effect
the aforementioned termination. Nevertheless, in confirmation
thereof, Johnston will execute and deliver an appropriate
certificate or instrument to confirm such termination upon
request of the Lot Owners or any of them.
3. Limitation on Use. Johnston represents and agrees
that no more than one single family residence is or will in the
future be located on the Johnston Property. The use of the
easement herein granted shall be limited to ingress and egress to
and from such single family residence.
4. (a) ~. As used in this Agreement,
including but not limited to this Paragraph 4 and Paragraph 5
hereof,
"Lot Owners" means the owner of Lot 1, the owner of Lot
2, the owner of Lot 3 and the owner of Lot 4, collectively, and
"Lot Owner" means one of the Lot Owners.
"maintenance" means such maintenance, repair and
reconstruction of or with respect to the North/South Subdivision
Road as shall keep the North/South Subdivision Road in good
operating condition and state of repair and in a condition and
state of repair at least as good as the condition and state of
repair of the North/South Subdivision Road on the date hereof,
-5-
and shall be deemed to include, but not be limited to, asphalt
repair and debris removal, snow removal if such snow is expected
by the Lot owners, acting pursuant to the provisions of Paragraph
5(a) hereof, to render the North/South Subdivision Road
impassable for more than 24 hours, and the establishment of a
maintenance fund, if approved by the Lot Owners pursuant to the
provisions of Paragraph 4(a) hereof;
"maintain" means to perform the maintenance as herein
defined; and
"Properties" means Lot 1, LOt 2, Lot' 3, Lot 4 and the
Johnston Property, collectively, and "Property" means one of the
Properties; and
"Property Owners" means the owner of Lot 1, the owner
of Lot 2, the owner of LOt 3, the owner of LOt 4 and the Owner of
the Johnston Property, collectively, and "Property Owner" means
one of the Property Owners.
(b) Maintenance o~ Road. The cost of maintenance of
the North/South Subdivision Road shall be borne by the Property
Owners in equal proportions. All decisions, determinations and
approvals with respect to maintenance of the North/South
Subdivision Road shall be made by the LOt Owners, in their sole
discretion, pursuant to and as provided in this paragraph 4(b).
All items of maintenance of the North/South subdivision Road
hereunder must be approved prior to the commencement thereofby
the Lot Owners, as follows: by one Lot Owner if there is then
only one Lot Owner, by two Lot Owners if there are then three Lot
-6-
Owners or two Lot Owners, and by three Lot Owners if there are
then four Lot Owners. For the purposes of this paragraph (b),
the Elses shall not be deemed to be a Lot Owner or a Property
Owner until such time as the Elses, or their successors or
assigns as subsequent owner of Lot 1, begin to clear the land of
Lot 1 for purposes of construction of a residence thereon, at
which time the Elses shall be deemed to be one Lot Owner and one
Property Owner with respect to Lot 1; any record owner or
beneficial owner of more than one Lot shall be deemed to be one
Lot Owner and one Property Owner with respect to all of the Lots
so owned; and Vorce and Shatswell shall be deemed to be one Lot
Owner and one Property Owner with respect to Lots 2 and 3.
(c) Repairs Caused By Individual Owners.
Notwithstanding the provisions of paragraph (b) above, the cost
of any maintenance which is necessitated as a result of any
actions clearly attributed or attributable to a particular
Property O%rner shall be borne by that Property Owner. Without
limiting the generality of the foregoing, examples of actions
clearly attributable to a particular Property Owner would include
a sudden occurrence caused by such Property Owner, or unusual or
severe use of the road North/South Subdivision Road by such
Property O~rner. However, notwithstanding the foregoing, greater
use of the North/South Subdivision Road by any Property Owner
would not by itself be an example of an action clearly
attributable to a particular Property Owner and would therefore
-7-
not by itself be an action resulting in the application of this
paragraph.
5. (a) ~erfor~ance of Maintenance. Once any such
maintenance is approved as aforesaid, any one or a combination of
the approving Lot Owners shall have authority to perform,
contract, or otherwise arrange for the relevant such maintenance,
and to assess the Property Owners for their proportionate shares
of such maintenance in accordance with this Agreement. The same
proportion of Lot Owners shall also have the power and authority
(i) to determine the amount of any assessment or charges for
maintenance hereunder and when and how (for example, in a lump
sum or installments) the same shall be assessed against the
properties affected hereby, (ii) to determine whether the
relevant item or items of maintenance are to be assessed pursuant
to the provisions of subparagraph (b) or (c) of Paragraph 4
hereof, (iii) to determine the proper application or
interpretation of the provisions of Paragraphs 4 and 5 hereof,
and (iv) in general to make any other determination or decision
with respect to the maintenance of the North/South Subdivision
Road as the approving Lot Owners shall deem necessary or
appropriate for the North/South Subdivision Road. Any such
determination or decision by the Lot Owners in accordance with
this Paragraph 5 shall be binding upon all Property Owners.
(b) Every Property Owner shall pay the road
maintenance assessments and charges assessed against him or her
or his or her Property in accordance with this agreement, when
-8-
and as such assessments and charges are due and payable as
determined by the approving Lot Owners pursuant to this Paragraph
5. Ail sums assessed as road maintenance charges but unpaid
shall constitute a lien on such Property Owner's Property or
Properties prior to all other liens except all sums unpaid on any
mortgage of record enc,~mhering the relevant Property or
Properties. In the event a Property Owner owns more than one
Property and is counted as one Property Owner for purposes of
Paragraph 4(b) hereof with respect to more than one Property, the
lien for road maintenance and repair on one Property shall
automatically extend to the other Property or Properties owned by
that Property Owner.
6. ~L~~. Johnston consents that any utility
lines or mains which serve the Johnston Property, either now or
in the future, may be used to service the Properties located in
the Subdivision Premises, provided that the utility companies
providing services through or maintaining such lines or mains
agree to the same.
7. ADDrovals. The parties agree that this agreement
shall not become effective unless and until agreed to and
approved by the Planning Board of the Town of Southold, which
approval Johnston agrees diligently to Pursue at her own cost and
expense.
8. Amendments. The parties hereto, their respective
successors and assigns, reserve the right to alter, modify,
extend, terminate or annul any of the terms of this agreement, in
-9-
whole or in part, by mutual agreement of the owners of all of the
Properties covered by this Agreement.
9. CounterParts. This Agreement may be executed in
any number of counterparts, each of which shall be deemed to be
an original and all of which taken together shall constitute one
and the same instrument with the same force and effect as if all
parties executed the same document.
10. Re t' s. Shatswell and Vorce hereby each
represents and warrants to the other parties hereto as follows:
(a) that Shatswell is a corporation duly organized,
validly existing and in good standing under the laws of the State
of New York and has full corporate power and authority to enter
into this Agreement and to perform its obligations hereunder;
(b) that this Agreement and the performance of
Shatswell's obligations hereunder have been duly and validly
authorized by all requisite corporate action of Shatswell's board
of directors or otherwise;
(c) that this Agreement constitutes a binding
obligation of Shatswell enforceable against Shatswell in
accordance with the terms hereof; and
(d) that neither the execution of this Agreement nor
the performance of its obligations hereunder would constitute a
breach by Shatswell of any agreement to which Shatswell is a
party or of any provision of its Certificate of Incorporation or
By-Laws.
-10-
IN WITNESS WHEREOF,
11. Guaranty. As an inducement to Wernick, the Elses
and Johnston to enter into this Agreement, Vorce hereby
unconditionally and irrevocably guarantees and agrees to be
liable for the obligations of Shatswell hereunder, it being
agreed that Wernick, the Elses and Johnston and their respective
successors or assigns may at their option look first to Vorce for
the performance of such obligations without looking to Shatswell
for the performance of the same.
the Declarants have executed this
agreement on the day of
060-20-9687
Social Security No.
Social Security No.
Social Security No.
/Willia
G. Els
Social Security No.
Taxpayer Identification No.
Social Security No.
SHATSWELL PROPERTIES, INC.
-11-
~ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CAPACI~ C~IMED BY SIGNER
County of ~ ~ S ~ (~ 5 Thoug, st~ut..~s n~ ~.i.. th~ Nota~ to
personally appeared ~0~r, ' ~/0 CC'< U CORPORATE OF"'CER(S)
NAME(Si OF SIGNER(Si TITLE(Si
~ personally known to me - OR - ~d to me on the basis of satisfacto~ evidence ~ PARTNER(S) ~ LIMITED
to be the person(s) whose name(s) is/are ~ GENERAL
subscribed to the within instrument and ac- ~ A~ORNEY-IN-FACT
knowledged to me that he/she/they executed ~ TRUSTEE(S)
the same in his/her/their authorized ~GUARDIAN/CONSERVATOR
capacity(les), and that by his/her/their ~OTHER:
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
~ ~ L~COU~ ~ person(s) acted, executed the instrument.
~ SIGNER IS REPRESENTING:
WITNESS my hand and official seal. NA~E~F~F~N(S) OR ENTI~(IES)
SIGNATUR~ OF NOTARY
0PTI~
T~S CERTiFiCATE MUST SE A~ACHED TO T~TLE OR ~PE OF DOCUUENT.~
THE D~UMENT DESCRlaED AT R~GHT: /
NUMBER OF PAGES OATE OF OOCUMENT
Though the data r~uest~ here is not r~uir~ by law,
~t ~uld ~evem fra~ulent rea~a~ment of this fo~. SIGNER(S) OTHER THAN NAMED ABOVE
~1993 NATIONAL NOTARY ASS~IATION · ~36 Remmet Ave. P.O. ~x 71~ · C~ Pa~, CA 913~-71~
~ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Szate or 'Tz CAPACITY CLAIMED BY SIGNER '
County of
}ersonally appeared
personally known to me - OR - ~ to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(les), and that by his/her/their
signature(s) on the instrument the person(s).
or the entity upon behalf of which the
person(s) acted, executed the instrument.
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
OPTIONAL
TITLE OR TYPE OF DOCUMENT.__
Though statute does not require ~fle Notary to
fill in the data below, doing so may prove
invaluaJ:ge to pemons re,rig on the document.
[] INDiVIOUAL
OC%POF TE?'gER(S}
[] PARTNER(S) [] LIMITED
[] GENERAL
[] A'I-YORNEY-IN-FACT
[] TRUSTEE(S)
[] GUARDIAN/CONSERVATOR
[] OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTI lES
NUMBER OF PAGES / '~ DATE O[= DOCUMENT
Though the d~ta r~qu~tod hera is not r~:luir~:l by law,
~t cou~ prevent ~u~u~m re~achment of this ~. SIGNER(S} OTHER THAN NAMED ABOVE ~ ~ ~ ~
~1~3 NATIONAL NOTARY ASS~IATI~ ~ 8~6 Rammer Ave., P O. ~x 71~ · Canna Pa~. CA 91309-71
STATE OF NEW YORK )
: SS.
COUNTY OF -~'~FF~'~Y~ )
On the ~ ~'~ day of ,'$?'~/& , 19~, before me
personally came STANLEY WERNICK, to me known and known to me to
be the individual described in and who executed the foregoing
instrument, and duly acknowledged to me that he executed the
same.
(Notarial Seal)
STATE OF NEW YORK )
:
COUNTY OF )
Notary Public KAREN W. BOERGFSSON
NOTARY PUBLIC, Stere of New Y~'k
SS.
On the day of , 19~, before me
personally came ROGER VORCE, to me known and known to me to be
the individual described in and who executed the foregoing
instrument, and duly acknowledged to me that he executed the
same.
(Notarial Seal)
Notary Public
STATE OF NEW YORK)
COUNTY OF )
On the day of , 199~, before me
personally came ROGER VORCE, to me known, who, being by me duly
sworn, did depose and say that he resides at
; that he is the
of SHATSWELL PROPERTIES, INC., one of the corporations
described in and which executed the above instrument; and that he
signed his name thereto by authority of the board of directors of
said corporation.
Notary Public
-12-
STATE OF NEW YORK )
: SS.
COUNTY oF
On the /~/day of ~ , 19~, before me
personally came WILLIAM G. ELS, to mY known and known to me to be
the individual described in and who executed the foregoing
instrument, and duly acknowledged to me that he executed the
same.
(Notarial Seal)
STATE OF NEW YORK )
: SS.
COUNTY OF $~r-~'~-~'- )
On the / ~-day of ~f~6.~ , 199~, before me
personally came ELLEN M. ELS, to me known and known to me to be
the individual described in and who executed the foregoing
instrument, and duly acknowledged to me that she executed the
same.
Notary Public
(Notarial Seal)
STATE OF NEW YORK )
COUNTY OF ~'~)
On the day of ~ - 19~, before me
personally came BECKY JOHNSTON, t known an~ known to me to be
the individual described in and who executed the foregoing
instrument, and duly acknowledged to me that she executed the
same.
Notary Public
(Notarial Seal)
-13-
SCHEDUL~ A
DESCRIPTION OF PREMISES
Ail that certain plot, piece or parcel of land situate,
lying and being at Cutchogue, in the Town of Southold, County of
Suffolk and State of New York, more particularly bounded and
described as follows:
BEGINNING at a monument on the northerly line of Oregon
Road, which point intersects the easterly line of land of Bokina
and is located South 51° 44' 30" West 28.77 feet from the
intersection of the easterly side of Bridge Lane and the
northerly side of Oregon Road; running thence from said point of
beginning along the northerly side of Oregon Road South 51" 44'
30" West 20.15 feet to a monument and other land of Bokina;
running thence along said land the following two courses and
distances: (1) North 45° 11' 20" West, 957.84 feet to a
monument; thence (2) South 84° 25' 10" West 315.89 feet to a
monument and land now or formerly of Simchick; running thence
along said land the following two courses and distances:
(1) South 51° 23' 30" West, 469.50 feet to a point;
thence
(2) North 47° 06' 40" West, 550 feet more or less to
the ordinary high water mark of Long Island Sound; running thence
northeasterly along the ordinary high water mark of Long Island
Sound a distance of 815 feet more or less to land of Bokina;
running thence along said land South 45° 11' 20" East 1440 feet
more or less to a monument and the point or place of beginning.
SCHEDULE B
DESCRIPTION OF LOT 1
ALL that certain plot, piece or Parcel of land, with
the buildings and improvements thereon erected, situate, lying
and being at Cutchogue, Town of Southold, County of Suffolk and
State of New York, more particularly bounded and described as
follows:
BEGINNING at a point on the northerly side of a certain
right of way hereinafter described, which point is distant
1,608.43 feet northwesterly and westerly as measured along the
northeasterly and northerly side of said right of way as it turns
from a monument set on the northwest side of Oregon Road from the
point where the same intersects the northeasterlY side of Bridge
Lane; from said point of beginning running
THENCE along the northerly side of said right of way
South 51' 23' 30" West 177 feet to another right of way; running
THENCE along said right of way North 47° 06' 40" West
525 feet to the ordinary high water mark of Long Island Sound;
running
THENCE northeasterly along said mean high water mark in
a northeasterly direction 195 feet more or less to land of Vorce;
running
THENCE along said land South 47° 06' 40" East 415 feet
to the northerly side of said right of way at the point or place
of BEGINNING.
SCHEDULE C
DESCRIPTION OF LOT 2
ALL that certain plot, piece or parcel of land, with
the buildings and improvements thereon erected, situate, lying
and being at Cutchogue, Town of Southold, County of Suffolk and
State of New York, more particularly bounded and described as
follows:
BEGINNING at a point on the northerly side of certain
right-of-way hereinafter described, which point is distant
1,426.43 feet northwesterly and westerly as measured along the
northeasterly and northerly side of said right-of-way as it turns
from a monument set on the northwest side of Oregon Road, said
monument being distant 28.77 feet southwesterly as measured along
the northwesterly side of Oregon Road from the point where the
same intersects the northeasterly side of Bridge Lane, from said
point of beginning running
South 51°
Baxter;
THENCE along the northerly side of said right-of- way
23' 30" West 182 feet to land now or formerly of
THENCE along land now or formerly of Baxter North 47°
06' 40" West 465 feet to the ordinary high water mark of Long
Island Sound;
THENCE northeasterly along said mean high water mark
North 66° 01' 30" East 195.74 feet to land of Vorce; running
THENCE along said land South 47° 06' 40" East 415 feet
to the northerly side of said right-of-way at the point or place
of BEGINNING.
$CH~DUI.~ D
DESCRIPTION OF LOT 3
ALL that certain plot, piece or parcel of land, with
the buildings and improvements thereon erected, situate, lying
and being at Cutchogue, Town of Southold, County of Suffolk and
State of New York, bound and described as follows:
BEGINNING at a point on the northerly side of a certain
right-of-way hereinafter described, which point is distant
1,218.38 feet northwesterly and westerly, as measured along the
northeasterly and northerly side of said right-of-way as it
turns, from a monument set on the northwesterly side of Oregon
Road, said monument being distant 28.77 feet southwesterly as
measured along the northwesterly side of Oregon Road, from the
point where same intersects the northeasterly side of Bridge Lane
and from said point of beginning running thence along the
northerly side of said right-of-way South 84' 25' 10" West 86.34
feet;
THENCE along the northwesterly side of said right- of-
way South 51° 23' 30" West 121.71 feet;
THENCE North 47° 06' 40" West 415.0 feet to the mean
high water line of Long Island Sound;
THENCE northeasterly along said mean high water line on
a tie line bearing North 68' 53' 30" East a tie line distance of
205.84 feet;
THENCE South 47° 06' 40" East 400.0 feet to the
northerly side of said right-of-way at the point or place of
BEGINNING.
s~
DESCRIPTION OF LOT 4
ALL that certain plot, piece or parcel of land with the
buildings and improvements thereon erected, situate, lying and
being at Cutchogue, Town of Southold, County of Suffolk and State
of New York, more particularly bounded and described as follows:
BEGINNING at a point which is the southeasterly corner
of the premises about to be described, said point being located
as follows:
1) South 51° 44' 30" West along the northwesterly side
of Oregon Road, 28.77 feet from the point where said road line
intersects the northeasterly side of Bridge Lane; and
2) along the northeasterly side of a certain right-of-
way North 45° 11' 20" West 976.13 feet to the said point of
beginning; and from said point of beginning running thence along
the northerly side of said right-of-way as it turns, South 84"
25' 10" West 242.25 feet;
THENCE North 47° 06' 40" West 400.0 feet to the mean
high water line of Long Island Sound;
THENCE easterly along said mean high water line on a
tie line bearing North 67° 38' 30" East a tie line distance of
217.06 feet to land now or formerly of Bokina; and
THENCE along said land of Bokina, South 45° 11' 20"
East 470.0 feet to the point or place of BEGINNING.
SCHEDULE F
D~SCRIPTION OF JOHNSTON LOT
ALL that certain plot, piece or parcel of land, with
the buildings and improvements thereon erected, situate, lying
and being in the Town of Southold, County of Suffolk and State of
New York, more particularly bounded and described as follows:
BEGINNING at an iron bar set at the intersection of the
westerly line of land now or formerly of Louis Heckman with the
northerly line of land now or formerly of J.J. Drum;
THENCE South 70° 30' West along the northerly line of
lands now or formerly of J.J. Drum a distance of 100.00 feet;
THENCE North 45° 28' West to high water mark of Long
Island Sound;
THENCE North 78° 40' East along high water mark of Long
Island Sound, 100.00 feet to land now or formerly of Louis
Heckman;
THENCE South 45° 28' East along said land now or
formerly of Louis Heckman through an iron bar set at or near the
top of the bank of Long Island Sound a distance of 327.00 feet
more or less to the point or place of BEGINNING.
TOGETHER with an easement for a right of way for
passage on foot and with vehicles which is described in deed
recorded in the Suffolk County Clerk's Office in Liber 1154 of
Deeds at page 366.
SCHEDULE G
DESCRIPTION OF NORTH/SOUTH SUBDIVISION ROAD
ALL that certain plot, piece or parcel of land,
situate, lying and being at Cutchogue, Town of Southold, County
of Suffolk and State of New York, more particularly described as
follows:
BEGINNING at a point on the northerly side of Oregon
Road distant 28.77 feet westerly from the corner formed by the
intersection of the northerly side of Oregon Road and the
easterly side of Bridge Lane;
RUNNING THENCE westerly along the northerly side of
Oregon Road 20.15 feet;
THENCE northerly 45 degrees 11 minutes 20 seconds west
957.84 feet;
THENCE northerly 24 degrees 28 minutes 00 seconds east
62.53 feet to the southeastern corner of Lot 4 and the western
side of 16 1/2 foot right-of-way;
THENCE southerly 45 degrees 11 minutes 20 seconds east
976.13 feet to the point or place of BEGINNING.
number shall include the appropriate plural number as the
text of the within instrument may require.
This RELEASE may not be changed orally.
IN WITNESS W~F~K~OF, the RELEASOR has hereunto set
RELEASOR'S hand and seal on the '5~]- day of ~ry, 1987.
In presence of:
STATE OF
COUNTY OFS~I ~ ss.:
On ~/~ 7/, 19 before me personally came
JENNIE BOKINA to me known, and known to me to be the individual
described in, and who executed the foregoing RELEASE,
duly acknowledged to me that she executed the s,a~.
BEGINNING at a point distant the following five courses and
distances from the monument set at the corner formed by the
intersection of the northerly side of Oregon Road and the
easterly side of Bridge Lane:
1) South 51 degrees 44 minutes 30 seconds West,
2) North 45 degrees 11 mintues 20 seconds West,
3) North 44 degrees 48 minutes 40 seconds East,
4) North 70 degrees 20 minutes 10 seconds East,
5) North 70 degrees 16 minutes 10 seconds East,
the true piont of beginning;
28.77 feet;
1035.38 feet;
16.0 feet;
259.06 feet;
20.0 feet to
RUNNING THENCE from said true point of beginning North 70 degrees
16 minutes 10 seconds East, 277.70 feet;
RUNNING THENCE South 19 degrees 43 minutes 50 seconds East, 15.0
feet;
RUNNING THENCE South 70 degrees 16 minutes 10 seconds West, 277.70
feet;
RUNNING THENCE North 19 degrees 43 minutes 50 seconds West, 15.0
feet to the point or place of BEGINNING.
F,~.~. ~c~t~J,~.~L'q anJy, ! To~ether with mil right, title and interes~ oi~. b, md to any ~reet, and
~ ~ to/se ~..~ey~. ~- abutting the above descrji~d ~ to tl~ ~t~ line there~
ALL that lot or parcel of land situate in the Town of Southold,
County of Suffolk and State of New York~
BEGINNING at an iron bar set at the intersection of the
westerly line of land now or foz~erly of Louis Beckman ~th the
northerly line of land now or formerly of J. J. I)ruml
THENCE South 70 degrees 30' West along the northerly line of lands
now or formerly of J. J. Drum a distance of 100.00 feet;
THENCE North 45 degrees 28' West to high water mark of Long Island
Sound;
THENCE North 78 degrees 40' East alone high water mark of Long Island
Sound, 100.00 feet to land now or formerly of Louis Heckman;
THENCE South 45 degrees 28' East along said land now or formerly
of Louis Hackman through an iron bar set at or near the top of the bank
of Lon§ Island Sound a distance of 327.00 feet more or less to the
point or place of beginning.
right-of ray shall
Grantee's property
York, described in
constitute an easement appurtenant to
in the County of Suffolk, State of #er
Schedule B. Grantor, her heirs,
successors, executors, administrators,
have no responsibility whatsoever for
maintenance of such area as described
and assigns shall
improvements or
in Schedule C.
Grantor, her heirs, successors, executors, administrators,
and assigns reserves the right to terminate the easement
granted herein and relocate same so long as substantially
similar access for ingress and egress to the property is
provided.
This indenture shall be binding upon Grantor, her
heirs, successors, executors, administrators, and assigns,
shall run with the land, and shall inure to the benefit of
Grantee her heirs, successors, executors, administrators,
and assigns.
In witness whereof, Grantor has hereunto set
and seal the day and year first above written.
her hand
IE BOKiNA
the presence of:
STATE OF NEW YORK: COUNTY OF SUFFOLK
personally came Jennie to me known to be the
individual described in and who executed the foregoing
instrument, and acknowledged that she executed the same.
IN RE GRANT OF EASEHENT :
:
BY JENNIE BOKINA TO :
BECKY JOHNSTON :
between JENNIE BOKINA , residing at Oregon Road, Hamlet of
Cutchogue, Town of Southold, State of New York,
(hereinafter "Grantor") and BBCKY JOHNSTON, residing et 47]
West 22nd Street, City of New York, State of New York,
(herinafter "Grantee").
WITNESSETH: That Grantor, for herself and for her
heirs, successors, executors, administrators, and assigns,
being the owner in fee simple of property located in the
Hamlet of Cutchogue, Town of Southold, County of Suffolk,
State of New York, and more fully described at Liber 2283
page 362 recorded in the Suffolk County Clerk's Office, in
consideration of Ten Dollars ($10.O0), lawful money of the
United States, and other good and lawful consideration,
paid by or on ~ehalf of Grantee, receipt of which is hereby
acknowledged, and for other good and lawful consideration,
does hereby grant, remise, and release, unto Grantee her
heirs, successors, executors, administrators, and assigns,
a non-exclusive surface easement for the purpose of ingress
and egress only and not for utilities or any other purpose
to the premises described in Schedule B annexed hereto and
said right-of-way being described in
hereto, and made a part hereof, which
To &ll to whom these Presents shall come or may Concern,
Know That
JENNIE BOKINA, as RELEASOR, in consideration of the
sum of Twenty-Two Thousand Five Hundred Dollar ($22,500.00),
and other good and valuable consideration received from BECKY
JOHNSTON as RELEASEE, receipt whereof is hereby acknowledged,
releases and discharges the RELEASEE, RELEASEE'S heirs, executors,
administrators, successors and assigns from all actions,
causes of action, suits, debts, dues, sums of money, accounts,
reckonings, bonds, bills, specialties, covenants, contracts,
controversies, agreements, promises, variances, trespasses,
damages, judgments, extents, executions, claims, and demands
whatsoever, in law, admiralty or equity, which against the
RELEASEE, the RELEASOR, RELEASOR'S heirs, executors, administrators
successors and assigns ever had, now have or hereafter can,
shall or may, have for, upon, or by reason of any matter,
cause or thing whatsoever from the beginning of the world
to the day of the date of this RELEASE, regarding the
matter of the action Becky Johnston v. Jennie Bokina,
Court, Suffolk County, Index No. 86/11849.
subject
Supreme
Whenever the text hereof requires, the use of singular
SOUTHOLD TOWN BOARD OF APPEALS
MATTER OF BECKY JOHNSTON-APPEAL NO. 3478
THURSDAY~ AUGUST 14, 1986
9~20 p.m. Public Hearing commenced in the Matter of Becky Johnston.
Variances fort (1) Building Inspector to issue building permit
allowing existing structure to be weatherized only, prior to final
280-a approval, and (2) necessary improvements over private right-
of-way extending from the north end of Bridge Lane Extension, and
Oregon Road, Cutchogue~ New York.
The Chairman read the legal notice and application for the record.
Present in behalf of the application were the applicant, Becky
Johnston~ and her attorney, Michael J. Hall~ Esq.
CHAIRMAN GOEHRINGER~ I have a copy of a survey dated December 26,
1984 by Roderick VanTuyl, P.C. indicating this particular property
and the access to it; and I have a copy of the Suffolk County Tax
map indicating this and surrounding properties in the area. For
the record and for the public, we upheld this particular application
in abeyance pending court action. We h~ve at the request of the
attorney for the applicant held this hearing in order to work out
some sort of an agreement to allow her to winterize her house for
the purposes of winterizing it. And that is the reason for the
timeliness of the actual receipt of the application. Mr. IIall,
would you like to be heard?
MICHAEL J. HALL, ESQ.~ Thank you, yes. Before I start my presenta-
tion~ which I have to make, I just want to qualify it a little bit.
If I'm a little harsh tonight~ it's because Becky Johnston's
situation over the past six months has gone from bad to worse to
ridiculous. At this present timeD the courts have taken a step
to resolve it. It's not finally resolved, but I need immediate
action from the board so it doesn't get still worse. Ok.
As the board may or may not be aware, my client, Becky Johnston,
purchased the house which is the subject of tonight's application
from Fay Parr in February of 1985. A year and a half ago, for the
sm of $195,000. Since that time, my client has been paying mortgage
payments of $1,941.00 and has of course paid the taxes on the house
which were approximately $1,500.00 a year. When she purchased the
house, she received a Certificate of Occupancy #Z13247 dated
March 6, 1985~ for nonconforming premises containing quote "seasonal
one-story wood-framed dwelling with platform and steps to beach"
end quote. I state this because it's important tonight that the
board recognizes we are dealing with a preexisting dwelling and not
with the erection of a building, which is the only relevant language
Page 2 - August 14,
Becky Johnston Hearing-Appeal No.
Southold Town Board of Appeals
3478
MR. HALL (continued):
in Section 280-a of the Town Law. I say that because my research
very recently leads me to believe that the board might not even
have jurisdiction, and that's the big wrench in the works.
It's also important that the board recognizes that there has
been uninterrupted access to this property and to the house
thereon since at least 1944. All right. We think it goes back
to the 20's but we don't know.
CHAIRMAN: You would have to give us sworn testimony.
MR. HALL:
need be.
I have an affidavit in my file from Becky Johnston if
In about December of 1985, my client applied for a building
permit to do substantial renovations to the house that was there,
and that although the building plans were approved, the building
permit was denied solely on the basis of 280-a approval of ingress
and egress. Admittedly my client commenced work based on my
opinion that 280-a approval was pro forma and would be simple
to obtain, and that Becky Johnston would just need 280-a approval
for a C.O. for the renovation. In February 1986, I submitted the
280-a application to this board.
The plot thickened when in March of 1986 the Bokina family,
who owns the right-of-way over which we need access to get to the
house, when the Bokina family erected fences at two points along
the access road to the property. It was also at this time that
the building department asked of my client to stop work on the
house. Work immediately stopped, and the house has not been
worked on for six months since that date.
At this time, at the time the work was stopped, the roof
was merely covered with plywood and were the sides of the house,
and there was also scaffolding erected and there's many openings
where there shoul.d be windows and doors. I have pictures here
which I am going to present to the board which were taken three
weeks ago, which is the present state of the house, which is
exactly the same state the house was in back in March of this year.
It's important that the board sees that there is not only
open windows all over the house, but there is also completely
open walls that are exposed to the weather. The reason here we
are asking for quick action is because every time when these
Page 3 - August 14, 198"6
Becky Johnston Hearing-Appeal No.
Southold Town Board of Appeals
3478
MR. RALL (continued):
thunderstorms happen, the place is taking five steps backwards.
It's really getting bad.
CHAIRMAN: Thank you.
MR. HALL: Correction. Those photographs were taken by Becky
Johnston early April. They do reflect the present state of the
house. Nothing has been changed. None of the scaffolding has
been taken down. Nobody has been up there except Becky Johnston
to take those photographs. I wanted the board to know that for
~wo reasons. It's a serious deterioration problem. There's also
a hazard for children.
On June 25, 1986, Supreme Court Judge Thomas N. Stark issued
a temporary restraining order enjoining and restraining Jenny
Bokina for agents, servants and employees from blocking ingress
and egress from my client's property. However, the property is
still in the same dangerous and vulnerable state it was left in
in March, pending the issuance of a building permit, and continues
not only to deteriorate from the weather, but also to be an
attractive and hazardous site for vandals, and it also cost my
client in excess of $2,000.00 a month. It's costing that much
just to sit there.
The purpose of tonight's application is to ask this board to
grant relief from 280-a of the Town Law so that the Building
Inspector can issue a permit to at least weatherize this structure.
As I stated earlier, I have my own doubts given the fact that we're
dealing here with a 40-year old house and not with new construction
on vacant land, as to whether 280~a applies. The law clearly
states as follows and I'm quoting from Section 280-a. I know
you're probably very familiar with it.
"No building permit for the erection of any building
shall be issued .... "
The law does not apply to existing structures and does not state
for example, that no form-- applies to improvements or renovations
or extensions. It applies to construction on land. I went through
al~ the Supreme Court cases that follow Section 280-a, and in no
case do they apply it to anything but new construction. I think
it's relevant because there are vacant lots on a similar right-of-way
that may very well have to come before you guys from scratch because
they're starting with a vacant parcel. Here we have an old house
Page 4 - August 14, 1986
Becky Johnston Hearing-Appeal No. 3478
Southold Town Board of Appeals
MR. HALL (continued):
that's been access for many, many years. If
tonight that it does have jurisdiction, then
diction and I also quote from 280-a,
the board determines
it also has juris-
"make any reasonable exception and issue the permit subject
to conditions that will protect any future street or
highway layout ....
If the board is hesitant to act based on the ongoing court case,
regarding the location or even the existence of the right-of-way,
I can only state that for the present the Supreme Court has given
my client unobstructed access, and that even if at a future date
the Supreme Court determines that there is no access, then the
issuance of a permit is frrelevant any way and construction would
stop in spite of any action by this board or the building depart-
ment. In other words, if you issue a permit, and she goes in
there and puts a roof on and siding, based on the temporary
restraining order, and if the Supreme Court and in its infinite
wisdom a year from now or five years from now says, "Sorry we
don't think there's a right-of-way," you guys haven't done any-
thing wrong. You had the provisional relief from 280-a based
on the present court order.
Finally, I ask the board to come to an immediate decision
on this question either by not taking jurisdiction and therefore
giving the building department authority to issue a building
permit, or by granting conditional exception from Section 280-a,
pending both the final resolution of the right-of-way issued and
completion of the right-of-way in accordance with the report by
Engineer Davis dated August 7, 1986. My client has a real,
serious hardship here and I therefore request immediate action.
CHAIRMAN: Before you sit down, I think we addressed this issue
when you came before us requesting this hearing. We are not
granting any special permit.
MR. HALL: I know that.
CHAIRMAN: What we in effect have in our file is a Notice of
Disapproval from the Building Inspector indicating that your
client needs 280-a. All we would very simply do, possibly, is
grant conditional improvements to what we purport to have in
front of us, which is a traveled road--a portion of it--
Page 5 - August 14, 1
Becky Johnston-Appeal No. 3478
Southold Town Board of Appeals
MR. HALL: That's all I'm asking.
CHAIRMAN: --Of which a portion of which is not traveled, ok? We're
not indicating that there is a right-of-way--
MR. HALL: I know that.
CHAIRMAN: We're not indicating that a right-of-way exists. We're
not even saying that the right-of-way when the doors are open on
the barn can be gotten~rough, ok?
MR. HALL: I understand that too.
CHAIRMAN: So please remember. We're not granting a special permit
MR. HALL: I understand-that. But you do have the power to say,
"Mr. Building Inspector, Mr. Lessard or whoever, you may issue a
building permit and you can issue a conditional, to weatherize,
maybe roofing, siding and windows, as you can see it needs a lot
of work, or you can issue an unconditional permit with conditions
suppose, such as, building-no occupancy-until the final right-
of-way issue is resolved, and the 280-a is brought up to the
inspector's and to the board's approval. I understand that.
Thank you. My client, Becky Johnston, would like to make a
brief statement.
CIIAIRMAN: Sure.
BECKY JOHNSTON: Because of the distressing nature of this whole
issue to me, I've written a brief statement which I would like
to read to the board. I'm here tonight to ask your help in
getting my house completed. Because of the right-of-way
dispute, the building on the house stopped on March 17th. Since
that time, the house has remained in serious disrepair.' As you
can see from the pictures, the house has no front door or a
garage or outside siding or shingles on the roof. This is
meant the house has been opened to the elements as well as
vandalism. My builder has not been back to the house since
March 17th. So I don't as yet have an estimate from him as
to the water and wind damage to the house, but I suspect
because of the several very bad storms that we've had that
the damage has been considerable. Further costs which are
substantial to me are due to the fact that as the house
presently exists, I cannot use it myself, rent it, or refinance
it. In summary, the and monetary costs are rapidly
Page 6 - August 14, 19
Becky Johnston-Appeal No. 3478
Southold Town Board of Appeals
BECKY JOHNSTON (continued)~
escalating as the house remains in its present condition. Emo-
tionally~ I am exhausted and drained by this on-going nightmare.
While the right-of-way issue is being resolved in the courts, I
hope you will grant me a building permit so that construction
can be resumed and the house protected. Thank you.
CHAIRMAN~ Thank you.
MR. HALL~ Mr. Chairman, can I say one more thing for the record?
You said you would need some testimony as to the age of the house.
At the very least~ the preexisting C.O. tells you as a matter of
record that the house was existing since before 1957.
CHAIRMAN~ I knew the house was there, ok, but I don't think you
can 3ust make a statement like that without being backed up with
some sort of-- I wasn't criticizing your statement. All right~
hearing the side in favor of this application, we'll anybody else
in the audience if they would like to speak in favor of it? (No one)
Anyone to speak against it? Mr. Cardinale.
PHIL CARDINALE, ESQ.~ My name is Phil
the Bokinas in regard to this matter.
of you the VanTuyl survey?
Cardinale~ and I represent
I think you have in front
CIlAIRMAN~ Yes, I do.
MR. CARDINALE~ Ok. To begin with--Michael's arguments. We have
great sympathy with Becky Johnston's plight and her plight is
basically a result of disingenuousness on the part of the seller
to her--the Parrs. She bought the property as indicated in the
VanTuyl map. There existed a mapped record right-of-way 16 feet
going north, and then changing to 20 feet that ends unfortunately--
you'll see it at the middle of that 20' right-of-way there--ends
unfortunately at a corner two or three hundred feet from her lot.
The Parrs apparently--there's no dispute about this--they did in
fact travel obviously since they had a house, from the 16' area
into their own lot. They did so on oral permission from the
Bokina family~ presumably because they didn't want to clear the
20' right-of-way to the north, which is incidentally covered
as per your inspector's report~ trees, and pretty well grown-up
trees too. So, in fact as is evidenced in affidavits of the
Bokinas in the Supreme Court action--in fact they have requested
the Parrs at various times a formal easement over the southerly
·
Page 7 - August 14, 19~6
Becky Johnston-Appeal No. 3478
Southold Town Board of Appeals
MR. CARDINALE (continued):
portion of the Bokina property, south of the 20' right-of-way and
the Bokinas have declined it. Incidentally as recently as 1979
I think your board had it before them as a matter of fact. The
raeburn-Murphy property directly to the west of this property,
the Parr, now Johnston, property, had sought through their
attorney, Mr. Stankevich, to have the Bokinas deed over an
easement continuing the 20' right-of-way, which was unused to
the Murphy and Raeburn's to get them to the end of their
properties. They declined again to sign anything, noting that
an oral permission was sufficient for many years, and that's
all they are willing to give. The result of that was that this
20' right-of-way on the map here was created for access to the
Murphy-Raeburn property.
Now, we have no problem with whatever improvements the
board dee ms appropriate to the 16' right-of-way and the 20'
right-of-way. Until it reaches that point where it ends.
Which is in the case of Mrs. Johnston at the point where it
takes that hard left into the newly created 20' right-of-way
for access to the Raeburn-Murphy piece. Whatever happens
there--
CHAIRMAN: Will you show me where?
MR. CARDINALE came up to the dias: That;s where the Johnston
right-of-way ends. That's where everybody's right-of-way
ends. It's where the record right-of-way ends--everybody
agrees to that. The 20' right-of-way was created by Raeburn
and Murphy because they knew they didn't have access to the
end of their properties. If they were going to split the
lot, they had to have access to the second lot. At that
time, they asked him and were refused a formal easement.
! have some papers in my file prepared by Stankevich presented
on behalf of Raeburn and Murphy to the Bokina family, and
which they declined to sign. They have had similar discussion
with the Parr family and had declined to sign a formal easement.
What I'm saying is, up to this point, where either the Johnston
right-of-way or the Murphy~Raeburn right-of-way ends, the
Bokinas and I have no problem with whatever the board deter-
mines as necessary to insure th6 safety of the public as far
as improvement. They have no problem with that at all. What
Page 8 - August 14, 1986
Becky Johnston Hearing-Appeal No.
Southold Town Board of Appeals
3478
MR. CARDINALE (continued):
we do have a problem is the board approving access from the point
where the right-6f-way ends to the home, Because to do that, the
board would have to approve access and would have to dictate
conditions as to improvement of property, which is not the property
of the applicant. It's the property of the Bokinas, and it is
unencumbered by any record right~-of-way.. The jist of the Supreme
Court action is that everybody agrees to what I'm saying, and
everybody agrees that the North end of the right-of-way should be
cleared whehe that 20L is covered by foliage and it should be
brought down to that point. The problem is when you get to the
point that I just pointed out to you:, the only w6y that Becky
Johnston is going to get to her property is to establish a
prescriptive easement, that is open, adverse and hostile use
of that right-of-way for a statutory period, or to establish
that ~he has a right over the Raeburn-Murphy property by the
continuation of their 20' right-of-way.
The Order that was eluded to by Mike is not the (solocitude)
of anything. It is a temporary restraining order which is what
is called an ex parte order. It's an order that is issued
without both sides being there. It was simply that Judge Stark
was handed a request to issue a temporary restraining order
based upon the problem that exists pending a preliminary injunc-
tion here. We are in the process now, in fact we expect a
decision hopefully in the next week or so to the issue of
whether a preliminary injunction would be issued pending the
open resolution of the matter. The'fact is that we have
indicated in our return papers that we are anxious to resolve
the matter now, that we do not want to run around and argue
about preliminary injunctions and temporary reStraining orders,
and we're ready to try the issue. If they can establish a
prescriptive easement over the last 300 feet which they're
asking you, now, to tell them how to do to keep you happy,
as long as you end it at the point the right-of-way ends.
If you give them permission to improve the rest of it, you're
giving them permission to improve Bokina property, which th6y
hope to use for a farm.
CHAIRMAN: Can I just say something?
MR. CARDINALE: Yes.
Page 9 - August 14, l~
Becky Johnston-Appeal No. 3478
Southold Town Board of Appeals
MR. CHAIRMAN: I know this is difficult to understand, and I'm
going to try to explain. We in no way would ever ask anybody
to place a right-of-way or an improvement, set of improvements
over anything that didn't~ that we didn't think they had legally
the right to do. The point in question is here, all we are doing
is setting conditions based upon an engineering report, ok. And
that engineering report we can either take verbatim, we can modify,
we can critique, we can caveat, we'can cut out, we can edjoin~ we
can doing anything we want with it, all right? Assuming we can
live with the way we change it. And that's what we have to deal
with. Based up~ those conditions, if these people choose to do
that, ok, we have no control over it. All they brought before us,
is an application to say to us, grant us a 280-a, based upon
certain conditions. What will you consider the minimum condi-
tions for a temporary 280-a, or a specific amount of time, all
right. Now that time ma~ be a lO0 years. They may not go any
farther with this house, ok. But we are not suggesting that
they even do these conditions. All we're doing is addressing
what the conditions may be if they want to do the conditions.
MR. CARDINALE: Yes. I have no-- if you look at the Davis report,
I don't have~hy~ problem with the report. The right-of-way'ends
though, what are we going to do at the point that it ends? It's
not going to do any good to tell Miss Johnston that she can improve
the right-of-way to the point that it ends. Because, I guess, the
board could actually do that, and I don't think we'd have any big
problems. I could encourage you because we would like to get the
right-of~way in its right place and stabilized. The problem is,
even if you give them 280-a access to that point, she's not going
to get to her house. She cannot get to her house. I suppose the
board could give--approve the 280-a access up to the point the
record right-of-way exists on your maps. As improved by Davis.
And then her only other access would be by way of whatever the
Supreme Court does. Our only concern is that whatever the board
does, it not take any action in regard to the property beyond
the point that I circled on there because that property we
anticipate will eventually be Bokina property unencumbered by
the right-of-way.
CHAIRMAN: So you don't want us to address
that area that you construe to be, or that
a certain degree is the Bokina property?
any improvements after
you actually know to
MR. CARDINALE: That's correct.
Page 10-August 14, 1986
Becky Johnston-Appeal No. 3478
Southold Town Board of Appeals
MR, CHAIRMAN: Well how about if we delineated that in a decision,
and said specifically that we feel the improvements are X, Y and Z
to that point, and then from that point they would be A, B and C
if the applicant so chooses to deal with that? Would you have any
objection to that?
MR. CARDINALE: If the applicant established a right over that area.
No, because largely we're saying the same thing. We're agreeing that
we want the ri§ht-of-way-~he 20' northerly right-of-.way, which as
you can see from the map, is not presently in use. We want it
cleared~ We ~ant it stabilized. ~We want it used. And we want it
brought to the point where the record right-of-way ends. Because
it's not in dispute that that record right-of-way exists. What
the dispute is is beyond that. So I think--the other irony of that
is, aside from Michael's argument that you may not have ju?isdiction
of the word erection whi'ch I find interesting legally but not
particularly practically because you're supposed to be as I under-
stand it to make certain that as the building permit is issued,
the fire truck has to get in there or that kind of thing is possible.
The ~roblem with the proposal that we just made is that if you do
that, if you tell her that she has to fix the right-of-way at that
point as per your specifications to get a building permit, and you
end it there, you're going to have a problem bringing in a fire
truck beyond that point because it's not improved. So that, I
don't know if you would want to do that, I don't care from my
standpoint at that point. It's a decision the board will have to
make. As long as the Pioht~of~way that we maintain is not a
right-of-way is not improved. My only other observation on that
is if you do do that, if you do say you must improve it up to
that point and no further, and then at that point the Supreme
Court controls your access to your property, I would be concerned
about the issuance, and I don't want to sound harsh because
Michael didn't, because the actually the whole problem would not
exist on the hardship issue. You have jurisdiction; now you can
address the issue. Is there a hardship. Is there a practical
difficulty. My only final observation because it's late and
everybody wants to go home anyway is this, that if there is a
hardship, and in all honesty and I'm sympathetic to Mrs. Johnston
because I think she was a victim of disingenuousness or fraud in
the predecessor who sold it to her, If there is, if there is that
problem and you end that right-of-way at that point that we're
talking about, and give her a building permit, the practical
difficulty--the unnecessary hardship is self-created is my point.
In other words, if she didn't start building without a permit,
she wouldn't be in the position she is in now.
Page ll August 14, 1986
Becky Johnston Hearing - Appeal
Southold Town Board of Appeals
No. 3478
MR. CHAIRMAN: That's what I didn't want you to say. I'm not
giving this lady--I'd love to give it to her but I couldn't--
because I'm not a building inspector. We're not building
inspectors, ok. All we are doing is setting conditions down
that if they so choose to do those conditions, that possibly
the building inspector will be forced, sort of speak, or will
have to give them a building permit based upon our conditions.
MR. CARDINALE: Ok.
MR. CHAIRMAN: So I again--
MR. CARDINALE: And actually the practical difficulties isn't
eluded to in the statute-anyway.
MR. CHAIRMAN: That's correct.
MR. CARDINALE: Ok. That's all I wanted to say.
CHAIRMAN: Ok.
MR. HALL: I just want to clarify it because I don't want to
four more months before you guys say, "Ok, you can go in and
weatherize the house."
wait
CHAIRMAN: You think we wait four months?
MR. HALL: We're asking for it tonight. I'm asking for an
exception from 280-a for now to use the farm road. The Supreme
Court has said, "you can go back and forth on the farm road."
Does the board understand that?
CHAIRMAN: In other words, what you are saying to me is, you don't
want any improvements to the existing road as it exists right now.
You just want to be able to use it do get in there.
MR. HALL: That's right. And we want to be in there tomorrow.
That's all we want.
CHAIRMAN: Can I ask you a question how you can ride over a farm?
These gentlemen own a farm.
MR. HALL: There's a road there.
Page 12 - August 14, 1986
Becky Johnston Appeal No. 3478
Southold Town Board of Appeals
CHAIRMAN: That is not the right-of-way in question. The right-of-way
in question is 16 feet.
MR. HALL: But the Supreme Court has said to Becky Johnston in the
temporary restraining order, "You have unobstructed access over that
farm road, over the existing farm road."
CHAIRMAN: But there is no road there, sir.
MR. HALL: There is a road there~
MEMBER SAWICKI: Farm road. Dirt road.
MR. HALL: It's a dirt road.~
MEMBER SAWICKI: Head land is what farmers call it.
CHAIRMAN: The access from Oregon Road to the top before you make the
turn, ok, I assume is not the part of the original Baxter right-
of-way. It is the piece to the east, which is the 16 ft. which is
tilled. It has vegetation on it.
MR. HALb: When were you there (to Mrs. Johnston)?
MRS. JOHNSTON: Today.
MR. HALL: She was there today. You can drive up to her house.
CHAIRMAN: That is the Baxter right-of-way.
MR. HALL: No.
MR. CARDINALE: Yes, that's correct. Maybe I can clarify this.
I was just there too. The 16' that you drive down to get to the
point where you turn east, is in fact the Baxter right-of-way,
which, incidentally everybody has been using. A lot of people
with rights there.
CHAIRMAN: But that is not the right-of-way in this question, and
this is not the right-of-way to her house.
MR. CARDINALE: That's right.
Page 13 - August 14, 1
Becky Johnston Hearing - Appeal
Southold Town Board of Appeals
No. 3478
MR. CARD.INALE: The right-of-way that she's talking about is the
one that the barn is on and part of the Bokina house and is fully
tilled. And then, once we get to the point where it turns, we get
this problem. And I would indicate that if you take a look at the
farm road as you turn east, isn't even really a road. What it is
is a little piece, it's a dirt strip that moves every season almost
to let Mr. Bokina get his tractor turned around at the end of his
field. So it's really-it's real]y not a right-of-way, and I'encourage
the board to do wh~tqver he can.to stabilize the actual record right-
of-way, t have no difficulty with stabilizing that farm road. I
think it's a waste of effort and it'isn't the proper thing to do
because it's not the right-of-way.
MR. HALL: There is still a misunderstanding here. We don't want
to stabilize the present farm road. We want to get in there
immediately, tomorrow, or next week, to put a roof on the house
and to put siding on the house so that it doesn't continue to
deteriorate. I believe the board has the authority to accept
280-a and let her drive on whatever existing bad road there is
to get Charlie DeVoe in there to close up the house. Ok. That's
the exception I'm asking for tonight. I hope that's understood.
She doesn't want to do any improvements--
CHAIRMAN: It's understood fine, perfectly, except that you have
to understand that all we're doing is setting conditions, ok?
And if you choose to use somebody'els6's right-of-way, I don't
care, ok? But you are in effect using somebody else's right-of-way.
MR. HALL: You're talking north-south?
CHAIRMAN: North-south.
right-of-way.
Right. You are using somebody else's
MR. HALL: That's no problem though.
CHAIRMAN: Now if you can sell that to the Building Inspector,
that's fine with me.
MR. HALL: Ok.
CHAIRMAN: All right, but I'm not rendering any decision tonight
anyway. All right?
Page 14 - August 14, 1986
Becky Johnston Hearing Appeal
Southold Town Board of Appeals
No. 3478
MR. HALL: Ok.
CHAIRMAN: Thank you. Is there anything else, Mr. Cardinale?
MR. CARDINALE: No, thank you.
CHAIRMAN: Ok.
Let me just ask
or is there any
We thank everybody for coming in on this hearing.
the board, are we prepared to close this hearing,
legal opinion that you gentlemen want?
MEMBER SAWICKI: No. I think we can close it.
MEMBER DOUGLASS: I would close it.
CHAIRMAN: Ok. Hearing no further comments, I'll make a motion
closing the hearing and reserving decision until later.
MEMBER DOUGLASS: Seconded.
On motion by Mr. Goehringer, seconded by Mr. Douglass, it was
RESOLVED, to close the hearing and reserve decision until later
in the Matter of the Application of BECKY JOHNSTON under Appeal
No. 3478.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen,
Douglass and Sawicki. This resolution was duly adopted.
MR. CARDINALE: Mr. Chairman? In regard--it's just a note to
check your engineer's report. He talks about stabilizing 15 feet
of the 16-ft. right-of-way. From a point 200' north and then
thereafter. But he also observes that the barn is four ft. into
that right-of-way and the house 2~, so I would expect that if
you do accept that report, it would be stabilized in such a fashion
that you would take that into account, otherwise you're going
through the barn and house. Thank you.
CHAIRMAN: Did you ever measure the door on the barn to see if
the door was open to get past thew-
MR. CARDINALE: Even without being open, it's four feet.
CHAIRMAN: Thank you. Thank you very much.
Respectfully submitted,
V£inda F. Kowalski
Board Secretary
APPEALS BOARD MEIViBERS
Gerard R Geehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOARD OFAPPEAI~
TOWN OFSOUTHOLD
October 4,
1993
SCOTTL. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
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 application
based upon the building inspector's determination, the location
of the property, 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. You may add any documentation to your
file that you feel is appropriate to support your request.
In the event you wish to amend your application for any
reason, you must do so prior to the submission of the
advertisement by our office in the official newspaper. An
amendment to an application must be based upon an amended Notice
of Disapproval from the Building Inspector and include other
relief and other sections of the Code to be considered, and
additional filing fee (if any). If the original application
was advertised, a separate advertisement and hearing will be
necessary for the amended documents.
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,
~ T]~nda Kowalski
Enclosure
PUBLIC HEARINGS
BOARD OF ZONING APPEALS
TOWN OF SOUTHOLD
Monday, October 18, 1993
Present :
(7:30 p.m. Hearings Commenced)
HON. GERARD P. GOEHRINGER,
Chairman
SERGE DOYEN, Member
JAMES DINIZIO, JR., Member
RICHARD C. WILTON, Member
HARVEY A. ARNOFF, ESQ., Town Attorney
LINDA KOWALSKI,
Clerk-Assistant to Board
Absent: ROBERT A. VILLA, Member
I N D E X
PUBLIC HEARING TRANSCRIPTS
October 18, 1993 - ZBA Regular Meeting
APPL. NO.
4193
4197
4294
4192
4191
4196
4195
4198
Applicant
NICK CYPRUS.
HARLEY B. ARNOLD
RACHEL VOEGELIN .
ROGER ANDMADELYN STOUTENBURGH
BECKY JOHNSTON.
ALLEN OVSIANIK.
PETROL STATIONS, LTD.
DR. GEORGE KOFINAS.
Pages
3-6
7-9
10-12
13-18
19-30
31-41
43-89
42
ZBA Hearings -19- October 18, 1993
APPLICATION NO. 4191 BECKY JOHNSTON
for a Variance under New York Town Law, Section 280-A, for
acceptance of minimum standards of improvements over new
easement right-of-way areas, as modified since the prior Appeal
Hearing and determination rendered under Appl. No. 3478 on
9/11/86. Location of Right-of-Way or Easement Area: Commencing
at a point along the north side of Oregon Road, Cutchogue, along
the westerly side of lands of Bokina, over lands now or
formerly of William J. Baxter and others identified as Lot 1.9,
Block 1, Section 72, extending northerly approximately 1035
feet, to a point, thence running in an easterly direction
approximately 563 feet to the applicant's parcel of land
identified as Lot 1, Block 2, Section 73, District 1000, all as
shown by survey amended June 17, 1992, prepared by Roderick
VanTuyl, P.C.
7:57 p.m. (The Chairman opened the hearing and read the Legal
Notice and application for the record.)
THE CHAIRMAN: I have this copy that they were
referring to, indicating the right-of-way, and I have a copy of
the Suffolk County Tax Map indicating this and surrounding
properties in the area. Miss Johnston? Would you like to be
heard?
Appearance: Becky Johnston,
Applicant pro se
ZBA Hearings -20- October 18, 1993
Yes, I would; but first let me give you these
pictures, okay?
THE CHAIRMAN:
few years.
MS. JOHNSTON: That is true.
THE CHAIRMAN: I have to admit,
before us, you are a very nice lady, but
be honest.with you, but go ahead.
Thank you. We haven't seen you for a
the minute you come
I tend to shudder, I'll
MS. JOHNSTON: As you stated, I am here regarding my
application for a variance under New York Town Law Section
280-A. Anyway, since September llth, 1986, I have secured two
easements, one from Wernick, Bors and Ells, for the
north/south right-of-way, otherwise known as the Baxter right of
way, which runs parallel to.the north/south Bokina
right-of-way. The second easement from the Bokinas purchased
in July 1987, which involves a portion of the east/west
right-of-way, and you have the pictures and the survey that show
this more explicitly. The north/south right-of-way has recently
been resurfaced, as you can see from the picture, and I believe
she satisfies access requirements for emergency vehicles. Since
August, 1993, I attempted to surface the east/west right-of-way
in a similar manner in order to meet'Town standards. However,
John, Ted and I believe it was Edmund Bokina, who would not
allow this process to be completed. Hence, the present
condition of the road.
ZBA Hearings
-21-
October 18, 1993
After their initial refusal to allow my contractor
Richard Corazzini to proceed with the improvement of the road
under any conditions, I was pleased to receive a letter from the
Bokinas' lawyer William Bates dated September 3rd, 1993,
setting forth the following requirements for improvement of
road. They ask, first, the area should be resurveyed and the
location of the right-of-way marked; second, the roadbed be made
to slope away from the farm field and the stone-blend placed on
the surveyed right-of-way.
Third, measures be taken to prevent the crushed stone
from being moved onto the farm field.
I have spoken with the road-contractor, who assures me
that the road can be completed according to the specifications
outlined in Mr. Bates' letter. I do, however, wish to emphasize
the importance of the road being maintained with a durable
surface. Last year during spring thaw there were very heavy
rains which made the road impassable. My oil heater had a
puff-back and the insurance agent who came out to assess the
damage got his car stuck in the mud. This situation is not
unusual whenever there are heavy rains since the present road is
only dirt. The need for emergency vehicle access --fire
engines, police cars, even an ambulance-- is self-evident. I am
particularly concerned because my 83-year-old mother, who is in
fragile health, frequently visits. T myself have a serious back
· ' ZBA Hearings -22- October 18, 1993
condition. What if one of us or a guest required emergency
medical intervention and the road was impassable?
In conclusion, I want to say that I welcome your input
and expertise and am hopeful that we can all agree on
specifications for the road that will satisfy the Town's code
and everyone concerned. Thank you.
THE CHAIRMAN: Thank you. You have spoken to Mr.
Corazzini and based upon Mr. Bates' letter, he can live up to
that?
MS. JOHNSTON: Absolutely.
THE CHAIRMAN: The only thing that I, that was
somewhat different from the last time that I have been up there,
was, that I noticed that the turn actually goes up into the
woods on the north/south and then makes the jog to the east
through the woods and then back down again.
MS. JOHNSTON: Right.
THE CHAIRMAN: Once you open back up into the clearing
area, this is the nature of the agreement you have with the
Bokina family, right?
MS. JOHNSTON: That is correct.
THE CHAIRMAN: And they are here. I am sure that we
will hear from them, there is no question. Have you had any
other communication with them since then, other than the fact
through the attorney?
ZBA Hearings
-23- October 18, J993'
attorney.
THE CHAIRMAN:
stand at this time?
MS. JOHNSTON:
THE CHAIRMAN:
MS. JOHNSTON: No, I have only spoken with their
I have had several conversations with him.
Okay, so that is basically where m
That is right.
So we will deal with it then a~me
what develops throughout the hearing.
MS. JOHNSTON:
THE CHAIRMAN:
speak in favor of this?
Thank you.
Thank you.
Is there anybody else who would~e to
(There was no audible response.)
THE CHAIRMAN: Anybody who would like to speak~/~inst
it? Or any comment? Ted, how are you tonight?
TED BOKINA: Okay, how are you doing?
THE CHAIRMAN: Good, thanks.
TED BOKINA: I am here representing the Boki~
as we own the adjoining property. This easement right~
--We have checked into this variance because the easeme~
right-of-way has been encroached on in the easterly/wes~
direction. She had gone south onto our property, not t~
existing (word indistinguishable). Also the roadbe~.t~Ul~
been stone-blend dumped on it, making it ve~f
THE CHAIRMAN: Yeah, I heard that.
MR. BOKINA? The farm equipment pulls
into the farm field. Also, Becky Johnston has raise~
~ ZBA Hearings -24- October 18, 1993
roadbed which will result in flooding of our farm crops, which
we had anyway with the houses being put up there.
THE CHAIRMAN: Go ahead, I am sorry.
MR. BOKINA: I would like the Board of Appeals have
Becky Johnston have a survey of the property, get a
right-of-way existing roadbed put on that right-way not onto our
property, which I was going to close down anyway. Also, the
stone-blend removed, and also not raise the roadbed, as it will
cause flooding to the farm crops.
THE CHAIRMAN: Ted, can I just ask a question? In
this agreement that occurred since subsequent to 1986, from the
last discussion that we had, and you just heard me say that the
only thing that I have seen different was that they came up into
the woods, you know, rather than cutting that corner real tight
that was being cut-- up in the woods and then back. As that
road comes back into the woods,
again down on the farm property.
right-of-way is supposed to be?
I see that it meanders back
Is that exactly where the
Or you are saying that, with
the survey it would indicate exactly where the right-of-way
should be?
MR. BOKINA: Up further north.
THE CHAIRMAN: It is further north?
MR. BOKINA: Yes.
THE CHAIRMAN: Okay. So is it actually into the
woods? In your position?
ZBA Hearings -25- October 18, 1993
MR. BOKINA: Yes.
THE CHAIRMAN: It is in the woods, you say.
MR. BOKINA: The right-of-way was never cleared
properly. She has been driving on our property.
THE CHAIRMAN: Okay. So I guess at this particular
time then we are going to have to ask Ms. Johnston if she is
going to do that, she is going to get the survey. She is
nodding that she is going to get the survey done.
MS. JOHNSTON: Absolutely.
THE CHAIRMAN: So why don't we wait until that is
done, and we will hold the whole thing in abeyance; when you get
the survey, and then see if there is an agreement as to the
placement of the right-of-way and what we are going to do here,
and then we will talk about the road conditions and what has to
be done at that particular juncture. ~
MS. JOHNSTON: One thing that concerns me about
waiting to do the road after the survey is done is that once the
survey is marked, the road should be done right away because,
otherwise, the markers get lost.
THE CHAIRMAN: I couldn't agree with you more.
MS. JOHNSTON: So that is a problem, I think, to
wait. I don't know how to work that out.
THE CHAIRMAN: I will discuss that in one second. Do
you have any questions, do you have any problems with that, Ted?
~ ZBA Hearings -26- October 18, 1993
MR. BOKINA: Well, there was an agreement, an
easement agreement as you are aware in the Supreme Court--
THE CHAIRMAN: Right.
MR. BOKINA (continuing): That it is only for a
non-exclusive service easement and not for utilities or any
other purposes described.
THE CHAIRMAN: Only for her use, right. Harvey just
has a question.
THE CHAIRMAN: Well, that is what we want to do. But
she is saying that once the stakes are up, they want to be able
to bulldoze. I don't have any objection to, once the stakes are
up, to bulldozing. We just haven't given them any
specifications on what has to go in.
(Town Attorney Arnoff inaudibly to Chairman.)
MR. BOKINA: Who is going to repair the damaged
property that is up there now? All that stone was dumped on our
property.
THE CHAIRMAN: The stone is going to be pulled off,
Ted. No question about it.
MS. JOHNSTON: That is not a problem at all.
THE CHAIRMAN: I mean, we are all in agreement about
the survey, right? You are in agreement about the survey from
.your attorney and all the rest of it. So that is the first
step, right?
MR. BOKINA: You talking to me?
ZBA Hearings -27 October 18, 1993
yeah.
THE CHAIRMAN: Yes. That is the first step.
MR. BOKINA: That was suppoSed to have been done,
THE CHAIRMAN: So let's get that done, and then we
will all meet back here next month. Hopefully it can be done
and staked out, and we can see what we got here, and we will put
the improvements down. Can I just ask you a question. These
pictures that you are showing me, you are actually saying that
this right-of-way as it exists right now, is on your property?
MR. BOKINA: Half of it.
THE CHAIRMAN: Half of it is. So half of it should be
in the wooded area, okay. Go ahead.
MR. BOKINA: Also, I don't know if there was a
variance on the end (word inaudible) when the swimming pool was
put in, whether it was
THE CHAIRMAN:
can check it.
MR. BOKINA:
legal or the legality end of it.
I don't have any CO's on that, but we
Ail the stump work and stuff, all the
wood-work was dumped on our property back there.
THE CHAIRMAN: Okay, we will try and resolve this
thing for the November meeting and get it all taken care of at
that point, hopefully.
MR. BOKINA: Thank you.
THE CHAIRMAN: You are welcome. Thank you. Is there
anything you would like to say for the record? Do you think you
ZBA Hearings
~ -28- October 18, 1993
can get the surveyor to put up the stakes and we can get out
there?
MS. JOHNSTON:
THE CHAIRMAN:
MS. JOHNSTON:
THE CHAIRMAN:
For the meeting November 8th?
Or a few days before.
I am sure I can; and then work it out?
We will work the whole thing out at
that point and get it done. We will have the Town Engineer look
at it at the same time, and we will get all the improvements
done, and the only thing you have to do then, once it is put in,
just take, you know, it would be a benefit to take off the stone
anyway. They want the stone off.
MS. JOHNSTON: Absolutely. I have no problem with
that, as I said. I am just worried about, as I said, if there
was a delay in doing the road after the stakes are put down.
THE CHAIRMAN: I can't see any delay because the
meeting is in the early part of November, so you should have
plenty of time. The old-timers say that you have until the
15th of December, but the winters have gotten a little bit
warmer. You probably have longer than that; but let's use that
as a norm. You should be able to have the entire month of
November to comply with this work and get it all done.
MS. JOHNSTON: How much time does the Town Engineer
need to come up and look at it? He should Come up the same day.
THE CHAIRMAN: Well, just ]et us know once the stakes
are in. We will all come up and look at it, all right. Then we
ZBA Hearings
-29-
October 18, 1993
will call the Town Engineer and ask him to come up and look at
it also.
meeting?
MS. JOHNSTON: Do you have a date for the next
THE CHAIRMAN: Yes, it is going to be on the eighth,
so it should be done by the seventh, which is three weeks from
now.
MS. JOHNSTON: What day of the week is that, do you
know?
Sunday.
again?
BOARD CLERK: Yes, that is a Sunday. The 7th is a
THE CHAIRMAN: So --
MS. JOHNSTON: You think it will be on a Monday
BOARD CLERK:
THE CHAIRMAN:
MS. JOHNSTON:
The meeting, yes.
Have it done by Thursday before.
By Thursday before the 8th, okay.
MR. JOHN BOKINA: She is concerned about the stakes
being removed; they were removed once already. The road before--
THE CHAIRMAN: You mean the original monuments that
were put in.
BOARD CLERK:
LAST SPEAKER:
BOARD CLERK:
speaking?
What is your name please?
JOHN BOKINA.
And the other gentleman that was
ZBA Hearings
-30- October 18, 1993
in,
EDDIE.
THE CHAIRMAN: Okay.
gentlemen, and ladies.
Thank you very much for coming
INSPECTORS
Victor Lessard
Principal Building Inspector
Curtis Horton
Senior Building Inspector
Thomas Fisher
Building Inspector
Gary Fish
Building Inspector
Vincent R. Wieczorek
Ordinance Inspector
Robert Fisher
Assistant Fire Inspector
Telephone ( 516 ) 765-1802
OFFICE OF BUILDING INSPECTOR
TOWN OF SOUTHOLD
July 26, 1993
SCOt! L. HARRIS, Supervzsor
Southold Town Hall
P.O. Box 1179, 53095 Main Road
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Elizabeth Johnston
P.O. Box 1098
Cutchogue, N.Y. 11935
Re: B.P. #15236Z (HOUSE) & 188330Z (POOL)
Premises @ 9208 Bridge Lane, Cutchogue, N.Y.
Suff. Co. Tax Map #1000-73-2-1
Dear Ms. Johnston:
We are unable to issue the Certificates of Occupancy for
the above(building permits because you did not comply with the
Zoning Board of Appeals Approval #3564.
You will have to go back to the ZBA for a new decision on
the road as it is improved at present. 280A is required.
If you have any further questions, you may contact the ZBA.
Very truly yours,
SOUTh{OLD TOWN BUILDING DEPT.
GJF:gar
cc to G. Goehringer, Chairman
Zoning Board of Appeals
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
RichardC. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
SEQgA UNLIS~D ACTION DEC~TION
SCOTF 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 .
Appeal No. 4191 Project Name: Becky Johnston
County T~ Map No. 1000- 73-2-l, 72-l-1.9
Location of Project: N/S Oregon Rd. (AKA 9208 Bridge La.), Cutchpgue, NY
Relief Requested/Jurisdiction Before This ~ard in this Project:
R-O-W, as amended, over Baxter easement
This Notice is issued pursuant to Part 617 of the implementing
re~lations pertaining to Article 8 of the N.Y.S. Environmental Quality
Review Act of the Environmental Conservation Law ~md Local Law #44-4 of
the Town of Southold.
~-n Environmental Assessment (Short) Form has been submitted with the
subject application indicating tha~ no significant adverse environraental
effects are likely to occur sh0u]d the project be i~lemented as planned,
and:
{ } this Board wishes to asstu~e Lead Agency status and urges
coordinated written con~ents by your agency to be submitted with the next
20 days.
{ X } .this Board has taken jurisdiction as Lead Agency, has deemed
this ~ard of Appeals application to be an Unlisted SEQRAAction, and has
declared a Negative Declaration for the following reasons:
a. ;tn Environmental Assessment has been submitted and evaluated, and/or
b. An inspection of the property has been made, or
c. Sufficient info~nation has been furnished in the record to evaluate any
possible adverse affect of this project as filed, and/or
d. This application does not directly relate to new construction or
on-site i~rovements.
{ } this Board refers lead agency status to your agency since the
Board of Appeals does not feel its scope of jurisdiction is as broad as
the Planning Board concerning site changes and elements under the site
plan reviews. The area of jurisdiction by the Board of Appeals is not
directly related to site i~rovements or new buildings. (However, if you
do not wish to asstu~e lead agency status within 15 days of this letter, we
will assume you have waived s~e, and we will be required to proceed as
Lead Agency.)
For further information, please contact the Office of the Board
Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809.
mc
of
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:
RE:
DATE:
SOUTHOLD TOWN ZONING BOARD OF APPEALS
JUDITH T. TERRY, SOUTHOLD TOWN CLERK
ZONING APPEAL NO. 4191, BECKY JOHNSTON
SEPTEMBER 3, 1993
Transmitted is application for variance submitted by BECKY
JOHNSTONtogether with notification to adjacent property owners;
Letter from the Building Department; short environmental assessment
form; Zoning Board of Appeals Questionnaire form; copy of Deed;
survey of property and floor plan.
Judith T. Terry
Southold Town Clerk
IPROJECT I.D. NUMBER t 617.21
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
SEQR
1. APPLICANT/SPONSOR I 2. FROJECT NAME
Becky Johnston
3. PROJECT LOCATION:
M uflici0allty Cutchogue C0un,y Suffolk
3208 Bridge Lane, Cutchogue (North of Oregon road on SoUnd Bluff)
[] New [] Expansion [] Modlflcat Ionlaltef&tion
Request approval of right of way
7. AMOUNT OF LAND AFFECTED:
~ Resiaef~llal [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open s~iace [] Other
Pr±or appeal # 3478
Bu±lding perm±t #15236Z (House) & 188330z (Pool)
,2. ^s A .ESULT DP PROPOSED ACT,O. W,LL E×,ST,NG PE~M,T,^PPROV^L RSOU,RE MOD,P,CAT,ON?
, CERT,~ TN^T T.E,NPORMATION PROVIDED ABOVE ,S TRUE TO THE BEST OF MY KNOWLEDGE
ADolicanllsDon$o~ name:- Becky Johnston
Signalu,e: ~ ~
oa,o: Aug 27, 1993
I! the action is in the Coastal Area, and you are a state agency, complete the ~
Coastal Assessment Form before proceeding with this assessment
OVER
1 (Continued on reverse side)
The N.Y.S. Enviro'nmental Quality Review Act requires submission
of this form, and an environmental review will be made by this board
before any action is taken.
SHORT ENVIRONMENTAL ASSESSMENT FO~
~NSTRUCTIONS:
(a) In order to answer the questions in this short EA~ 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 been answered Yes the project may be sig-
nificant and completed Environmental Assessment Form is necessary.
(c) If all questions have been answered No it is likely that the ~
project is not significant.
(d) Environmental Assessmen~
1. Will project result in a large physical change
to the project site or physically'alter more
than 10 acres of land?
Yes: NO
2. Will there be a major change to any unique or
unusual land form on the site? Yes ____No
3. Will project alter or have a large effect on
an existing body of water? Yes No
4. Will project have a potentially large impact on
groundwater quality? Yes NO
5. Will project significantly effect drainage flow
on adjacent sites?
6. Will project affect any threatened or endangered
plant or animal species? Yes No
7. Will project result in a major adverse effect on
air quality? ~Yes .No
8. Will project have a ~ajor effect on visual char-
acter of the community or scenic views or vistas
known to be important to the ~ommunity? Yes No
9. Will project adversely impact any site or struct-
ure of historic, pre-historic, or paleontologi=al
importance or any site designated as a critical
environmental area by a local agency? _ Yes No
i0. Will project have a major effect on existing or
future recreational opportunities? Yes No
11.Will project result in major traffic problems or
cause a major effect to existing transportation
· systems?
12. Will project regularly cause objectionable odors,
noise, glare, vibration, or electrical disturb-
ance as a result of the project's operation? ~Yes ___No
13. Will project have any impact on public health
or safety?
- Yes ~No
14. Will project affect the existing community by
directly causing a growth in permanent popula-
tion of more than 5 percent over a one-year Yes No
period or have a major negative effect on the ~ ~
charact~ of the community or neighborhood?
Is there public controversy concerning the
project?
~reparer,s Signature: '
Representing:
'ZBA g/~5 ' Date:__
QUEST!C~IAIRE
FOR FILI~IG WITH YOUR Z.B.A. APPLICATION
A. Please disclose the names of ~
the owner(s) and any other
individuals (and entities) having a financial interest in the
subject premises and a description of their interests:
(Separate sheet may be attached.) '
B. Is the subject premises listed on the real es=a=e marnet
- sale or being shown to prospective buyers? { } Yes
C. Are ther~ ~pzuposalm tm ~nge ~ alter l~d
{ } Yes {X} No
D. 1. Are there any areas which contain wetland grasses? No
2. Are the wetland areas shown on the map submitted with
this application? No
3. Is the property bulkheaeed between the wetlands area and
the upland building area? No
4. If your property contains wetlanGs or pond areas, have
you contacted the Office of the Town Trustees for its
determination of jurisdiction~
' NO
E. Is there a depression or sloping elevation near the area of
proposed construction at or below five feet above mean sea
level? ~ (If not applicable, state "N.A.")
F. Are there any patios, concrete barriers, bulkheads or fen=as
which e~ ~nd are not ~hown on the survey map that yOU a~
sUbmitting? No If none exist, please state "none."
· G. Do you have any construction taking place at this time
concerning your premises? Yes If yes, please submit·a copy
of your building permit and map as approved by the Buildin~
Depart~ent. If none, please state. But ready for Certificate of occupancy
H. Do you or any co-owner alsd own other land close to this
parcel? ~to If yes, please explain where or submit copies
of deeds.
I. Please list present use or operations conducted at this
parcel residential
propose~use and
tnoriz~gnatu~e an~ Da6e
3/87, 10/901k
§ 97-13
WETLANDS § 97-13
TOWN -- The Town of Southold.
TRUSTEES -- The Board of Trustees of the Town of
Southold. [Added ~-5-84 by L.L. Mo. 6-1984}
'Tf~TI--~WDS [Amended 8---.6-76 by
A. ~iDAL WETLANDS:
(I) All land~ generally covered or ~n~rmi~:en~ty coy-
ered with. or xvhich border on. tidal wa~. or lands
lying beneath tidal waters, which a~ mean low tide
are covered by tidal waters ~ a maximum aepth of
five (5) feet. including but no~ limited m banks.
bogs. salt marsh, swamps, meadows. ~ or o~her
low lying lands subject ~ tidal action;
(2) All banks, bogs. meadows, fla~ and tidal marsh
subject to such tides and upon which grows or may
grow some or any of the followin~ salt hay. black
grass, saltwort, se~ l~vender, mil cord~ass, high
bush. cat,ils, groun~eL
(3)
All land immediately adjacent lo a tidal w~land aa
defined in Subsection A(2) and lying xvithin seven-
ty-five (75) feet landward of the most land,yard
edge of such a tidal wetland.
FRESHWATER %VETLANDS:
(1) "Freshwater wetlands" as defined in Article 24. Ti-
tle 1. § 2.1-0107, Subdivisions l(a) to l(d) inclusive.
of the Environmental Coniervation Law of the State
of New York: and
(2)
All land immediately adjacent to a "freshwater wet-
land." as defined in Subsection B(1) and lying with-
in seventy.five (75) feet landward of the most land-
ward edge of a "freshwater wetland."
9705
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" JUDITH T. TERRY, TOWN CLERK RECEIPT
Town of Southold ,/~ /-.~,
Southold, NewYork 11971 [, / [ .~ "~ ~ .,~
Phone: 516-765-1801 DATE~ 19 ~/~
~-~
BOARD OF APPEALS, TOWN OF SOUTHOLD
In ~he Matter or the Petition of
Becky Johnston
to the 8nard of Appeals of the Town of Southold
TO:
NOTICE
TO
ADJACE~IT
PROPERTy OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice]
A variance of 280A subsection III -~
2. That the property which is the subiect of the Petition is located adiacent to your property and is des-
cribedasfoUows: Rr~dqe Lane. Cutchoaue, New York (north of Oregon Rd.
District 1000, Section 073 Block 02, Lot 001
3. That the property which is the subiect of such Petition is located in the following zoning district:
A-Res,
4 Thatb~suchPeti6on, theundersigned willrequestthefoUowin~relief:
Approv&l Of chanqe of right of way from Oregon Road
premises
to subject
S. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signe~l are Article Section
[~ Section 280-A, New York Town Law for approval of access over right(s)-of-way~
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you ma), then and there
examine the same during regular office hours. (516) 7~5-1809.
7. That before the relief sought may be granted~ a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, n6wspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing. ..
Dated:' g_ugu~~ ~-7~ 1993 .' : ..
· Becky Johnston
Petitioner
Owners'NameS:~ohnston
PostOfficeAddress
Bo~ #1098
Cutohogue, N.Y. 11935
Tel. No. ( 516 ) 734-7634
[Copy of sketch or plan
purposes.]
Showing
proposal
to be
PROOF OF MAltING OF NOTIC
ATTACH CERTIFIED MAIL RECEIg
NAMI~ ADDR555
[:SO
Certified Mail Receipt
No Insurance Coverage Provided
Do not use for International Mail
Postage
Restricted Delivery Fee
Return Receipt Showing
to Whom & Date Delivered
& FeTOTAeLs P° s t a~r f~.
Postmark
STATE OF NEW YORK }
COUNTY OF 5UFFOLK}
SS.:
lOOt/~ I · , being duly sworn, deposes and says that on [he ,~ ~ day
of /-~L/;c~J_c.-/'- ,19 ~_~ o deponent mailed a true copy of the Notice set forth on tl~e re.
verse side her~'c~f, directed to each of the above-named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current.assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Ot'-
rice at (-~-.~-~-X.~/.~.~ 7C /V/ ~// ; that said Notices were mailed to each of said persons b
(certified.) (registeredl mail. /
Sworn toe, fore m_e this C~
Notary Public
(This side does not have to be
property owners.)
completed on form transmitted
to adjoi ~ing
P 256 704 &62
,._Receipt for
Certified Mail
(See Reverse)
E
P 256 704
Receipt for
Cert;fied
Do not use for In:crnatic :c' Mail
(See Reversel
p 256 704 860
Receipt for
- Certified ~
~;[~ (See Reverse)
TOWN OF $OUTHOLO
GERARD P GOEHRINGER, CHAIRMAN TOWN HALL
A~EA,25 G'7,~ S F,
$~FF C0. 'fA×
?-dAF-' E)ATA: tOC~D - O-f~ *ILt
TYPICAL
~TAINLNG WALL
SECTION
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