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HomeMy WebLinkAbout4047 · APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 Appl. No. 4047. BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS SCOT1~ 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 ETHEL H. BETZ. Variance to the Zoning Ordinance, Article IIIA.3, 100-31A.3, Bulk Schedule, for approval of insufficient lot area and width of two parcels, as conveyed by deeds in 1951 and in 1956. Location of Property: Northeast side of Calves Neck Road, Southold, NY; County Tax Map Parcel Nos. 1000-63-7-34 and 35. WHEREAS, public hearings were held on December 16, 1991 January 23, 1992, at which time all those who desired to be heard were heard and their testimony recorded; and 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. This is an application concerning a total lot area of 55,789 sq. ft. situated in the R-40 Residence District and located along the northeasterly side of Calves Neck Road, Hamlet of Southold, Town of Southold, and more particularly identified on the Suffolk County Tax Maps as District 1000, Section 63, Block 7, Lots 34 and 35. 2. The most southerly half of the subject premises is improved with a one-story, single-family dwelling which is situated approximately 48 feet from the front property line along Calves Neck Road, approximately 6.7 feet from the proposed division line to the west, and 24.9 feet to the easterly (side) property line. 3. By this variance application, appellant is requesting permission to reestablish separate parcels as shown on the County Tax Maps of Suffolk County, referred to as Lot ~34 and Lot #35, and more particularly described in the deeds of conveyance to the applicant dated June 9, 1951 and July 28, 1956 and further noted as follows: Page 2 - Appl. No. 4047 Matter of ETHEL BETZ Decision Rendered March 5, 1992 (a) proposed westerly half, shown as Lot #34 on the County Maps, contains a proposed total lot area of 26,097 sq. ft. with 125.47 ft. frontage along Calves Neck Road; (b) proposed easterly half, shown as Lot #35 on the County Maps, contains a proposed total lot area of 29,692 sq. ft. with 125.47 ft. frontage along Calves Neck Road. 4. Column iii of the Bulk Schedule, and Article IIIA, Section 100-31A.3 of the zoning code regulations (as amended January 10, 1989) requires a minimum lot area of 40,000 square feet per lot and minimum width of 150 feet. 5. The percentages of relief sought by this application are as follows: (a) proposed westerly lot {referred to as Lot #34} is 66% of the total lot area requirement of 40,000 sq. ft.; (b) proposed easterly lot {referred to as Lot #35} is 75% of the total lot area requirement of 40,000 sq. ft.; 6. In considering this application, the Board also finds and determines: (a) the relief as granted is not substantial in relation to lots existing in this vicinity; (b) the practical difficulties claimed and dollars-and cents-proof are sufficient, as submitted in the record, to warrant a grant of this variance; (c) there will be no substantial change in the character of the neighborhood and a precedent would not be set for the following reasons: {1} immediately to the west and east are parcels of similar character and size comparable to this application; there have been no other mergers found in this vicinity, except that a parcel five lots to the west (1000-63-7-29.1) consists of an area of 40,000 sq. ft. as combined and the character of this lot is not comparable when viewing the size, shape, contours, building setback requirements, etc. All other parcels in this area have been recognized as individual, separate parcels for at least 25 years, most of which have been improved with single-family dwellings. The circumstances under this application, and this approval, will not have a direct effect or set a precedent to any other lots in this neighborhood. {2} the parcels immediately south of Calves Neck Road in the vicinity of applicant's land do consist of a total lot areas from approximately 29,000 sq. ft. to 39,000 sq. ft. +- Page 3 - Appl. No. 4047 Matter of ETHEL BETZ Decision Rendered March 5, 1992 as shown by the county tax maps, as deeded for each parcel {these parcels are not dividable into substandard lots in this R-40 zone district under the circumstances under which they exist and have existed since prior to the enactment of one-acre zoning in November 1971, and prior thereto, based upon our review of the town and county records}; {3} the lots which exist in the immediate vicinity are lots which appear to have been single and separate since the 1960's and have not existed by creation of a zoning variance - the subject application is uniquely related to the land and is not personal in nature. (d) the difficulties cannot be obviated by some method feasible for the appellant to pursue, other than a variance; (e) that the grant of this variance will not created a substantial change in the area or substantial density increases, particularly since the practical difficulties are not shared by the surrounding area parcels; (f) that the applicant has received approvals from the Suffolk County Department of Health Services under Article 6 - Realty Development and Subdivision Regulations; (g) that in view of the manner in which the difficulties arose, and in considering all the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. (h) that it is the board's belief from personally viewing the land and buildings and from statements in the record that it was the appellant's intention not to abandon the separability of the lots, and that the lots were intended to be conveyed as a separate building parcel at some future date - exactly as conveyed by deeds at Liber 3226 cp 230 dated 6/9/51 from L. Barron Hill and Adelaide H. Hill and at Liber 4164 cp 49 dated 7/28/56 from Helen Wickham to the current owner. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Dinizio, it was RESOLVED, to GRANT the relief as requested under Appeal No.4047 in the Matter of ETHEL BETZ, with the PROVISION THAT THE VACANT PARCEL IS SUBJECT TO THE BULK SCHEDULE REGULATIONS FOR THE R-40 ZONE DISTRICT concerning side yards at 15 and 20 feet, front yard at 40 feet, setback from wetlands at 75 feet, lot coverage at 20% limitation, etc. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, ~age 4 - Appl. No. 4047 Matter of ETHEL BETZ Decision Rendered March 5, 1992 Grigonis and Dinizio. Nay: Member Villa (opposed in all respects). This resolution was duly adopted by a 4-1 margin. lk GERARD P. GOEHt~INGE~/~IRMAN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, .Ir. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF $OUTHOLD 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 OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, JANUARY 23, 1992 commencing at the times specified below: (1) 7:35 p.m. Appl. No. 4073 - MR. AND MRS. EDWARD M. CUMMINGS. Variance to the Zoning ORdinance, Article III, Section 100-33, for permission to relocate existing garage to another location in the front yard area. 4775 Paradise Point Road, Southold, NY; No. 1000-81-1-24.5. Location of Property: County Tax Map Parcel (2) 7:40 p.m. Appl. No. 4079 - GEORGE STORM. Variance to the Zoning Ordinance, Article XXIII, Section 100-230C(1) for 0; approval/ ence areas which will be in excess of the four-foot height limitation. Location of Property: 105 Bridge Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-118-3-3.5, also Page 2 - Legal Noti. Hearings for January 23, 1992 Southold Town Board of Appeals known as part of Lots 128 and 127 on the Amended Map of Nassau Point. (3) 7:45 p.m. Appl. No. 4075 - MICHAEL HERBERT. Variance to the Zoning Ordinance, Article IX, Sections 100-9lA and Section 100-92, Bulk, Area and Parking Schedules, for permission to establish business sales office in addition to existing uses as an owner-occupied two-family dwelling with manager's quarters. The lot area applicable to each use in this Hamlet-Business Zone District is 20,000 per unit/use. The lot as exists is nonconforming for the existing principal uses having a total lot area of 20,129+- sq. ft. Location of Property: 795 Pike Street, Mattituck, NY; County Tax Map Parcel No. 1000-140-2-23. (4) 7:50 p.m. Appl. No. 4077 - THOMAS MONSELL. Variances to the Zoning Ordinance, Article IIIA, Section 100-30A.3, Bulk and Area Schedule, for approval of the size of each proposed Lots #1, #2 and #3, at 40,000 sq. ft. each, exclusive of wetland meadow areas and inclusive of proposed right-of-way easement areas as shown on the pending Minor Subdivision Map prepared by Roderick VanTuyl, P.C.; L.S. (lastly dated July 29, 1991), under also ~consideration at this time by the Southold Town Planning Board. {Note: This application is not for 280-A access approval under New York Town Law Since the Southold Town Planning Board will have jurisdiction over the proposed rights-of-way under its subdivision reviews.} Location of Page 3 - Legal Noti~ Hearings for January 23, 1992 Southold Town Board of Appeals Property: Southerly end of Monsell Lane, Cutcho~ue, NY; County Tax Map Parcel No. 1000-138-1-2.1, 9.1, 13.1, 14, containing a total area as exists of 3.0 acres. 7:55 p.m. (5) / Appl. No. 4047 - ETHEL H. BETZ. (Continued from Decem- ber 16, 1991 as requested by adjacent property owner). Variance to the Zoning Ordinance, Article III, Section t00-30A and Section 100-31A.3, Bulk Schedule, lot area and width of two parcels, and 1956. Location of Property: Road, Southold, NY; and 35. for approval of insufficient as conveyed by deeds in 1951 Northeast side of Calves Neck County Tax Map Parcel No. 1000-63-7-34 The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. For more information, please call 765-1809 or visit our office. Dated: January 13, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski TO: L.I. Traveler-Watchman, Inc. Fax Transmission Times-Review, Inc. For Publication 1/16/92 Copies have been forwarded 1/13/92 to the following: Mr. Edward M. Cumming, Box 1900, Southold, NY 11971 Page 4 Legal Notice Hearings for January 23, 1992 Southold Town Board of Appeals Mr. David Dowd, Box 1057, Shelter Island, NY 11964 (Re: Cummings) A. Stingray Ltd, d/b/a Dunrite Fence, Box 488, Rocky Point, NY 11778 (Re: Storms) Mr. and Mrs. George Storms, 105 Bridge Lane, Nassau Point 11935 Marie Ongioni, Esq., Box 562, Greenport, NY 11944 (Re: Herbert and Monsell) Rudolph H. Bruer, Esq. P.O. Box 1466 Southold, NY 11971 (Ethel Betz) Also copies with file info to ZBA Members, Individual Hearing Files, and Town Clerk Bulletin Board TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated . .{~5...~ .'~-~..~.... ~ .~. ....... 19 .~.. 0.. for permit to ~..~-... -~... - .~'~,..~~...~-~. !~ ........... at ~tion of Property ........... g~...~ ~..~ .... ,.. ~.~~ ....... Hou~ No. Stmet Hamlet Cou,t~ T= M=, ~o. lO00 S,=t~o, ... ~.~.~ .... moc~ .... ~ ...... ~t ...~ ~ .~T Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds..0~..'~. ~. ~,l~e,~l~../..o~ ,, i~o(~ ~ Building Inspector RV 1/80 RECEIVED o,~/~'~3f~'~m.~ TOWN OF SOUTHOLD, NEW YORK JUL lggl APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. Z~"~ DATE....~./.~ .~'./~./. ..... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ......... .E.~.h.,e..1 H....J~fl£z . .of Calves Nec.k. ............ Name of Appellant Street and Number Southolcl ........................................................ ~I.~. .............. HEREBY APPEAL TO ..................................... ~icipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ............ .8].23,/.9.0 ............................ WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Name of Applicant for permit of nj] .... ~,~,-~ Southold MX ..... ................ Municipality State Street and Number PERMIT TO USE PERMIT FOR OCCUPANCY Permit to construct one family dwelling (No#) Calves Ne..c..k....R.9..a..d..,....S.9.u.t..h.9..1..d.,....N..e..w....Y. QKk ...... I. LOCATION OF THE PROPERTY .................... '~:t'~'~¥'7'~'~]et / Use District on Zoning Map District, ]000 Section063 Block07 Lots 03.a,. & 0 5 ...Curren~ Dwner Ethel H. Betz, am m,rv~v~nE tenant ....................................................... ~'g~"~'~i ............ Prior Owner Ethel Betz and Phi]in ~: Iv~ap No. . 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III Section 100-30 and 100-31 (Al 3. TYPE OF APPEAL Appeal is made herewith {or (please check appropriate box) (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal ~',1¢1 (has 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 a variance and was made in Appeal No ........... Dated ...................................................................... ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that zoning merged two separate lots purchased at separate times prior to the Southold Zoning Code. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or sary HARDSHIP because applicant will be unable to bu±ld or otherwise vacant land lot that was merged by inadvertence due to adopbion of the zoning codes. Each lot was purchased separately, at different times, by applicant and her husband prior to the establishment of the Southold zoning Ordinance, i.e., June 9, 1951 and July 28, 1956. Respectively, applicant and her husband built their residence on one lot relying on the fact that the other lot was a viable building lot (see attached deeds). Failure to separate the lots merged by law will create and has created financial hardship depriving the owner of the true value of her property. That applicant is presently in a nursing home receiving extensive and expensive health care (including round the clock nursing care). The lot must be sold to pay for this intense and costly care now and in the future. That applicant's husband Philip Betz died in 1967 leaving applicant the feeling of being cared for by having a "nest egg" in the form of two pieces of property at Calves Neck. That applicant has already believed her property was two separate parcels having continuously received separate tax bills for each property. 2. The hardship created is UNIQUE and is notshared by all properties alike in the immecli~e vicinity of this property and in this use district because adjoining land owners have built on their single lots of the same size as each individual lot of the applicant. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because no additional lots would be created. The character of the district would remain the same. Only one additional house will be built. Cit water is available. STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK ) Sworn to this ....... day of ................................. 3.q.l.y. ............... 1991 DONNA F4 CHiTUK NOTARY PUBLIC, State of New York No, 4351459, Suffolk County Term Expires August 18, TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER FORMER OWNER RES. SEAS. STREET S f VILLAGE W FARM U COMM. CB. MICS. LAND IMP. TOTAL DATE REMARKS AGE NEW NORMAL FARM Tillable Woodland Meadowland House Plot Total ./.<"o 0 BUILDING CONDITION BELOW ABOVE Value Per Ac re V~lue FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK SUB. TYPE al~ BUILDING Mkt. Value LOT TOWN OF SOUTHOLD PROPERTY RECORD CARD OWN ER STREEI' V l LLAGE DIST. SUB. LOT S W TYPE OF BUILDING RES.~//) SEAS. VL. FARM COMM. CB. MICS. Mkt. Volue LAND IMP. TOTAL DATE REMARKS - AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Volue Per V~lue Acre Ti[leble FRONTAGE ON WATER /~ , ~ ~ ~ ~ : Wo~l~nd FRONTAGE ON ROAD / ~j ~ Meadowland DEPTH /~7~ House Plot BULKH~D Totol ~ ~ ~ ~ DOCK COLOR TRIM M. Bldg. Extension Extension Extension Porch Breezeway Ga rage Patio /o oo 6' Foundation Basement Ext. Walls ~o jFire Plac~ !Recreation Room l?Ormer Bath Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor -. Dinette K. LR. DR. BR. ' FIN. B Total Driveway ~~ ~OUTHOLD P'~OPERTy RECOi~n ~'ADr~ ~ '~ REEl' VILLAGE DISTRICT SUB.~ ' FORMER OWN EP~: TYPE OF BUILDING VL. COMM. I IND. ' I CB. / MISC. TOTAL DATE REMARKS ~ES. ¢¢/0 LAND SEAS. IMP. AGE NEW Fa rm , lable lane 2 bbb 3 :odland ~mplond shland~. use Plot BUILDING CONDITIOF NORMAL Acre BELOW Value Per Acre ABOVE Value _,33 (~ o Extension O.B. , , ifF// / S SURVEY OF PR OPE?? T Y A T SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 1000 - 63 - 07- 34 & 35 Scale 1" = 100' June 3, 1991 SEPT. 4, 1991 (bldg. envelope) BUILDING ZONE R-40 APPROVE .~ ~.. ~..~.~.~. ..... ....... DtV~S~ OF rum. lc H[AUH DEPT. OF HEALTH SERVICES, SUFFOLK COUNTY /' HAOPPAUGE, N.Y.'-'OCT'~B-¥1~! Prepared in accordance with the minimum atanderde for title eurveye' aa eatabliahed by the L.I.A.L.S. and approved and adopted for euch uae b)' The ~ew York State Land Title Aeeociat~on. OWNER/APPLICANT= PHILIP P. BETZ & ETHEL H. BETZ YOUNGS A VENUE SOUTHOLD, N. Y. 11971 CONTOUR LINES ARE REFERENCED TO RVE EASTERN TOWN8 T~ MAP. AREA of 1000-63-07-34 = 26,097 sq. ft. AREA of 1000-63-07-35 29,692 sq. ft. TOTAL AREA = 55,789 sq. ft. (or 1.281 acres) ~ N. KS. LIC. NO. ~V E~ ST -~. 6 P. -Of===~X 909 MAIN ROAD SOUTHOLD, N. Y. 11971 49618 ,q I - October 25, 1991 OCT 28 Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Betz, Ethel H. SCTM#1000-63-7-34 Dear Sirs: & 35 Enclosed herewith please find a copy of the health department approved survey map. Sincerely, APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTY L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 April 20, 1992 Mr. Jack Burns 216 Piping Rock Road Locust Valley, NY 11560 Dear Mr. Burns: As per our telephone conversation today, enclosed please find a copy of the decision that was rendered March 5, 1992 in reference to County Tax Map # 1000-63-7-34 and 35. Also enclosed is a Bulk Schedule for Residential Districts with all setback information. If you should need any additional information, please don't hesitate to contact us. Very truly yours, LAM Lorraine A. Miller Encs. 0-244 ZONINI: § 100.25~ / C. In the case of single and separate ownership of a nonconform- ing lot located in a subdivision plat, approved after April 9. 1957, by the Planning Board of the Town of Southold and filed with the County Clerk of Suffolk County, relief for all front, side and rear yard and area dimensions shall be granted to ti',, ext~nt tha. t such front, :~de ,~;;d rear yard and area dimensions were required at the time *~ ..... .... _~ ,v~ originally filed with the County Cierk of Suffolk County. § 100.245. Repairs and maintenance. Notwithstanding any of the foregoing regulations, nothing in this Article shall be deemed to prevent normal maintenance and repair of any building or the carryip.~ out upon the issuance of. a building permit of major structural alterations or demolitions necessary in the interest of public safety. § 100-246. Involuntary moves. Sections 100-241A and B and § 100.243A herein are not intended to apply to involuntary movements of uses or structures as a result of condemnation actions or other litigation. ? ? ARTICLE XXV Site Plan Approval [Added 1-10-89 by L.L. No. 1-1989; amended 5-23-89 by L.L. No. 9-1989] § 100-250. Applicability. This Article shall apply to every land use that is permitted in the Town of Southold except the single-family home use on a single and 7 - 25 - 89 120.oo0 2o0.ooo 200 270 ~70 7~ 2t N.Y.2d 30 ~uLLING v. PALUMBO 249 FULD, C. J., and VAN VOORHI$, BURKE, KEATING and BREITEL, JJ., concur with BERGAN, J. sCILEPPI, J., dissents and votes to affirm on the authority of Peo- ple v. Mussenden, 308 N.Y. 558, 127 N.E.2d 551. Judgment reversed, etc. 21 N.Y.2d 30 In the Matter of Edmund H. FULLING et al., Appellants, v, Joseph L: pALUMB0, as Building Inspector of the Village of Bronx-ville et al., Respondents. Court of Appeals of New York. Dec. 7, 1967. Proceeding on petition under CPLR § 7801 et seq. for'order directing issuance of building permit for Construction of dwelling or in altematlve annulling determination of ~jllage Zoning Board of Appeals which had denied application for variance. The Supreme Court at Special Term, \Vestchester County, John J. Dillon, J., dismissed the petition, and appeal was taken. The Appellate Division of the Supreme Court in the Second Judicial Department, 26 A.D.2d 618, 271 N.Y.S.2d 611, affirmed, and appeal was taken on constitutional grounds. The Court of Appeals, Keating, J., held that variance sought for construc- tion of dwelling on 9500 square foot lot located where the minimum zoning requirement was 12,000 square feet but every lot immediately surrounding the one in question was substandard should not have been denied in absence of showing that character of the immediate area would be affected by variance, that there would be difficulty in supply- ing water, sewage, and other municipal facilities, or that public health, safety, and welfare would be served by denial of variance. Reversed and remanded for proceedings in accordance with opin- ion. Breitel and Bergan, JJ., dissented. 1. Zonl.g ~=107 Zoning ordinances creating minimum area standards for construc- tion of homes are not per se unconstitutional, but will be upheld in absence of showing of unreasonableness in application. 250 286 NEW YORK SUPPLimWE. NT, 2d S~.I~IES 21 N.¥.2d S0 2. Zon~n_~ Where property owner wilt suffer significant economic injury by application of area standard zoning ordinance, that standard can be justified only by showing that public health, safety, and welfare will be served by upholding the application of the standard and denying the variance. $. Zoni.~g ~=503 Considerations of hardship and whether zoning ordinance con- taining minimum area requirement is so severe as to be confiscatory are controlling on issue of granting variance, once it is demonstrated that public health, safety, and welfare will be served by application of the zoning restriction, but until such a showing is made, the fact that prop- erty owner will suffer severe financial loss by operation of the ordinance is sufficient to entitle him to relief. 4.. Zoning ~=~503 Variance ~ought for construction of dwelling on 9500 square foot lot located where the minimum zoning requirement was 12,000 square feet hut every lot immediately surrounding the one in question was sun standard should not have been denied in absence of showing that charac- ter of the immediate area would be affected by variance, that there would be difficulty in supplying water, sewage, and other municipal fa- cilities, or that public health, safety, and welfare would be served by de- nial of the variance. $1 George P. Forbes, Jr., White Plains, and '~Vinfred C. Alien, New York City, for appellants. George C. Shively, Village Counsel (James F. Dwyer and Kurt Koeg- ler, New York City, of counsel), for respondents. 32 KEATING, Judge. Appellants are the contract vendors and vendees of a 9,500 square foot vacant lot, Lot 31, in a developed section of Bronxville. The vendors previously purchased and resided upon one of the two adjoining improved lots, Lot 33, also a 9,500 square foot parcel. Hence the lots were bought at different times. The vacant property was purchased in 1948 and apparently the two were never used and occupied as a single unit (a fence separated them). Both lots were fully conforming building lots until 1938 xvben the area was rezoned to require 10,000 square feet per parcel. However, both parcels were within the zoning law even after 1938 under a saving-clause in the ordinance providing an exemption from area requirements for separately owned lots. Ap- pellant Fulling's later common ownership, commencing in 1948, did not have the benefit of this exemption. In 1953 the area requirement for lots in this residence district was increased to 12,000 square feet and this is the present requirement. The contract vendees have agreed to pur- chase Lot 31, contingent upon the issuance of an area variance and a building permit. The issue in this case is whether the Zoning Board of Appeals abused its discretion, as a matter of law, in denvlng the petitioners' application for an area variance and, hence, whether the zoning ordinance in ques- tion is unconstitutional as applied to their property. [1] The general rule prevailing in this State and in other jurisdlc- tions is that zoning ordinances creating minimum area standards for 33 (.Matter of Find Homes, Inc. v. Young, 7 N.Y.2d 845, 196 N.Y.S.2d 985, 164 N.E. 2d 860; Matter of Chasanoff v. Silberstein, 6 N.Y.2d 807, 188 N.Y.S. 2d 194, 159 N.E.2d 684; National Land & Inv. Co. v. Easttown Twp. Bd., 419 Pa. 504, 215 A.2d 597.) These cases recognize that there are public benefits to be derived from such ordinances, and that, in the · absence of a showing of unreasonableness in application, they will be up- held. The Zoning Board here denied the petitioners' applicati.on fo.r a "practical difficulty" or "hardship" which can justify exemption from the intent of the zoning ordin~.nce. · ~.. Special Term upheld the decision o£ the board on the ground that, ~. if the petitioners were permitted to'obtain an area variance, "it xvould follow that any owner with an over-sized lot could divide it in half and ~!~ sell off two sub-standard building sites in utter disregard of the ordi- The court also held that the ordinance ~vas not confiscatory since ~ .X, ir. Fulling had paid only $5,000 for his property and was offered $11,000 for it by his two neighbors. The record seems clear that, with · the area variance, the Fullings could obtain almost double the $11,000 for the property. The question of when a minimum area zoning ordinance is unconsti- tutional as applied to a particular property has never been determined by this court--although there are several out-of-State cases as well as lower court cases which have dealt with the problem. (National Land & Inv. Co. v. Easttown Twp. Bd., supra; Hamer v. Town of Ross, 59 · - Cal.2d 776, 31 Cal. Rptr. 335, 382 P.2d 375; Roll v. City of Troy, '~:' 370 Mich. 94, 120 N.W.2d 804; Du Page County v. Halkier, 1 Ill.2d ~ '~:~'~ 491, 115 NE2d 635; Bismark v Incorporated Vii of Bayville 49 [ ~'~" ~1 ev 9d ~r~' ~;~.'/ x? V ~ ?A 1ffl439. Riviere v. Town of Hempstead, 40 252 286 N~.W YORK SUI~PL]~M~.NT, 2d SERI'~S 21 N.Y.2d 33 Misc.2d 152, 242 N.Y.S.2d 770; see, generally, note 15 Syracuse L. Rev. 507.) An examination of these cases indicates that the criteria applied by both the Special Term and the Zoning Board here were erroneous. [2] The basic rule which has evolved from the cases is: where the property owner will suffer significant economic injury by the applica- tion of an area standard ordinance, that standard can be justified only by a showing that the public health, safety and w~Ifare will be served by upholding the application of the standard and denying the variance. Minimum area requirements have been justified for a variety of rea- sons--the primary one being the control of population. 34 The greater the amount of land per house, the less congestion, the easier to handle water supply and sewage and the fewer municipal services to be pro- vided (see National Land & Inv. Co. v. Easttown Twp. Bd., supra). In additionl there may be a legitimate interest in maintaining and pre- serving the character of a particular area. In the case at bar the Zoning Board did not base its denial of the area variance on any harm which might be done to the particular pur- poses sought to be vindicated by the zoning ordinance and Special Term's decision is likewise deficient in this regard. It would appear that the reason for the absence of any discussion of the public benefit to be de- rived from a denial of relief is that in fact no legitimate community interest would be detrimentally affected by allowing the petitioners such a variance. The record indicates that every~lot immediately surrounding the lot in question is substandard---less than 12,000 square feet; of the im- proved lots in the "Cranford" area, in which the lot in question is lo- cated, 30 lots are under 9,500 square feet; 24 lots, including the lot in question, are 9,500 to 10,500; 9 are 10,500 to 12,0130 and only 20 lots are over 12,000. [3, 4] It is thus clear that "we contemplate here an * * * 'is- land' of [12,000] minimum lot size zoning in a residential area of sub- stantially less restrictive zoning." (Hamer v. Town of Ross, 59 Cal. 2d 776, 782, 31-.Cal. Rptr. 335, 339, 382 P.2d 375, 379, supra.) There does not seem to be any reasonable argument which can be made that the character of the immediate area would be in any way affected.by the granting of the variance. Nor does it appear that there would be any difficulty in supplying the water and sewage and other municipal facilities. Indeed, the record is completely barren of any justification for the denial of the variance othe? than the fact that the petitioners have failed to demonstrate sufficient hardship, and that the ordinance is not so severe in its operation as to be confiscatory. While these considerations are controlling, once it is demonstrated that the public heakh, safety and welfare will be served by application of the zoning restriction (Stevens v. Town of Huntington, 20 N.Y.2d 352, 283 N.¥.S. 2d 16, 229 X.E.2d 591), until such a showing is made, the fact that the property owner will suffer a severe financial loss by the operation of the ordinance should be sufflcient to entitle him to r¢lief. To' state the matter more precisely: until it is demonstrated that some legitimate purpose will be served by restricting the use of the petitioner's property, he has sufficient standln§ to challenge the ordi- nance. Once it ~s demonstrated that some legitimate public interest will be served by the restriction, then, before the property owner can succeed in an attack upon the ordinance as applied, he must demonstrate that the hardship caused is such as to deprive him of any use of the prop- erty to which it is reasonably adapted, and tl~at, as a result, the ordinance amounts to a taking of his property. (Stevens v. Town of I-Iuntington~ supra.) In the case at bar no justification for the burden placed upon the petitioners' property has been demonstrated and, in the absence of such a demonstration, the petitioners are entitled to succeed in ther appli- cation for a variance. Since Special Term did not have an opportunity to hold a hearing and ex-aluate the facts in light of the law as outlined above, the order should be reversed, with costs, and the case remanded for proceedings in accordance with this opinion. BREITEL, Judge (dissenting). There is no dispute that a community, by its zoning ordinance, may upgrade the character of the community, provided, of course, that it does not work a confiscation in effect of properties that do not then conform (Levitt v. Incorporated Vii. of Sands Point, 6 N.Y.2d 269, 189 N.Y.S.2d 212, 160 N.E.2d 501). In the instant case there had been two zoning ordinances upgrading the community by increasing the minimum lot requirements. Petitioners had for many years met the increasing lot requirements because they had two lots instead of one. Since their residence was on only one of two lots, that lot is free of the ordinance limit. On the other hand, the second lot, kept unimproved, fails to satisfy the current minimum. It certainly would defeat all up- grading zoning if unimproved land should be deemed entitled to the same exemptions for nonconformance as improved land. But the general consequences aside, the issue is also raised in this case that the lot in question is in an area, the Cranford area, which is already predominantly built up with residences on nonconforming Icts. This is at least an exaggeration, if not a distortion. The facts are that, 254 2S6 NEW YOP~K SUt'PLEI,,[ENT, 2d S.Elq, IES 21 N.V.2d 35 although in the whole area only 24% o{ the lots conform to the new minimum of 12,000 36 square feet, only 36~ of the lots in the area are as small as petitioners' lot. More important, there is a slgni{icant num- ber of conforming lots closely adjacent to petitioners' lot which are substantially greater in size than petitioners' lot. Indeed, very close to their lot are two developed lots o~ 48,000 and 37v, 134 square feet, re- spectively. But all of this numerology is largely immaterial so long as there is a rational and sincere effort by the community to upgrade its character. And so long as it is not hopeless or ludicrous for it to do so, because the lower standard has so permeated the community, it can start any- where because it must start somewhere. That is a matter resting in the discretion of the Zoning Board. (See Levitt v. Incorporated Vil. of Sands Point, supra; Gignoux v. Village of Kings Point, 199 Misc. 485,488-492, 99 N.Y.S.2d 280, 283-286; Ann., Zoning-Minimum Area --Validity, 95 A.L.R.2d 716, 725 et seq.; cf. Village of Euclid, Ohio v. Ambler Realty Co., 272 U.S. 365, 395, 47 S.Ct. 114, 71 L.Ed. 303.) Certainly, none can say properly, on this record, that the board was arbitrary or capricious, albeit to be sure, one may disagree with their exercise of judgment. If that be so, that is the end of the court's power to review and undo. Accordingly, I dissent and vote to affirm the order of the Appellate Division. FULD, C. J., and VAN VOORHIS, BURKE and SCILEPPI, JJ., concur with KEATING, J. BREITEL, J., dissents and votes to affirm in an opinion in which BERGAN, J., concurs. Order reversed, with costs in all courts, and matter remitted to Special Term for proceedings in accordance with the opinion herein. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Pursuant to Artivle X/V of the Suffolk County Administrative. Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Cu~,~dssion: Variance from the Zoning Code, Article IIIA.3, , Section 100-31A.3 Variance from Determination of Southold Town Building Inspector ~Special Exception, Article , Section __Special Permit Appeal No: 4047 Applicant: Ethel H. Botz Location of Affected Land: {lalves Neck Rd., F~)uthold County Tax Map Item No.: lO00- 63-7-34 and 35 Within 500 feet of: __:Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or · Within One Mile Of a Nuclear Power Plant __Within One Mile of an Airport approval of Comments: Applicant is requesting ~~k~ ir~tffficient lot a rea and width of two parcels, as conveyed by deeds in 1951 and in 1956 ~pies of Town file and related documents enclosed for your review. Dated: March 12, 199~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD March 12, 1992 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Rudolph H. Bruer, Esq. Edson & Bruer P.O. Box 1422 Southold, NY 11971 Re: Appl. No. 4047 - Matter of Ethel H. Betz Dear Mr. Bruer: Please find attached a copy of the Board's Findings and Determination rendered concerning the above application. Please be sure to return to the Planning Board and Building Department offices for issuance of other necessary approvals and/or permits. Copies of this determination have also been furnished this date to the offices of the Planning Board and Building Department for their update and permanent records. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Southold Town Planning Board Southold Town Building Department Suffolk County Department of Planning DEPARTMENT OF PLANNING COUNTY OF SUFFOLK~ ' 27 1992 SUFFOLK COUNTY EXECUTIVE ARTHUR H. KUNZ DIRECTOR OF PLANNING March 24, 1992 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Betz, Ethel H. 4047 Very truly yours, Arthur H. Kunz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner (516) 853-5192 Page 13 - December 16, 1991 Public Hearing - Paolo LavagettO Southold Z.B.A. MR PRESTIA, cont'd: that's brought up above it. You know, so. CHAIRMAN GOEHRINGER: But there will be no living area up above it, with mainly storage. ESTIA: No, I, in fact to be honest with you, I think he MR ~Rhand radio operator and that'S what he'll use it for. is CHAIRMAN GOEHRINGER: I see. MR PRESTIA: He's got a license for it and all that so he does. CHAIP~ GOEHRINGER: We thank you. We'll see if anything else develops. MR PRESTIA: What will I have do. Do I have to apply for a permit or? LINDA KOWALSKI: I building permit. We'll let you know tomorrow. Give us a call. MR PRESTIA: Okay. Thank you very much. LINDA KOWALSKI: Call in the morning. CHAIRMAN GoEHRINGER: Thank you. Is there anybody else who would like to speak in favor of this application? Is there anybody who would like to speak against the application? Any questions, Bob, before we, no, not hearing any further questions I make a motion closing the hearing reserving decision until later. MEMBER DINIZIO: Second. Ail in Favor - AYE. The chairman opened the hearing at 8:0B p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey produced by peconic Surveyors P.C. most recent date is 6/3/91. Indicating a house lot which is lot nungoer 35 and the lot which is the nature of this application, well they both are Page 14 - December 16, 1991 Public Hearing - Ethel H. Betz $outhold Z.B.A. CHAIRMAN, cont'd: that actually, which is lot number 34. And I have a copy of the suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Bruer, would you like to be heard on this application? MR BRUER: Rudolph Bruer, I'm here for the applicant. Mr. chairman, Members of the Board, on behalf of Ethel Betz I'm asking the Board to grant a re-separation of this property located at Calves Neck in Southold New York. They say a re- division. The property was purchased by both Mrs. Betz and her husband back in the 50's, I believe in the 1951 and then again in 1955 or 56 with the idea and knowledge that they thought at that time that they have two separate lots. Mrs. Betz continued to have that thought until she went into a nursing home about a year and a half ago and because of that has determined that it is necessary to sell this property for her maintenance while at the nursing home and the vacant lot. I'm sure you've all been out to the property and you know that the house which is on the property is situated in such a way that it occupies one of the lots. As you can see that when constructed in the 50's it was done with the idea of leaving the other part, the half of the the other lot vacant with the idea that it could be transferable in the future. To support that you'll notice or I'll ask the Town, or the Board to take notice that the Town still issues separate tax bills with respect to both of these properties. The property became merged by way of the zoning ordinance which became effective in the late 1950's. The property as you know has been up-zoned over the years to a point where at one time a few years ago it was two acres it is now back zoned to high density one acre. with respect to the purchase, the because I said the lots were purchased back in 1951 and I think in 1956, I have copies of the deeds and I will submit them to the Board for its file. The key factor here is that the property as merged does not lend itself to an appreciation in terms of the value of the house. The house with the vacant lot will not increase the value of the total property at all. Somebody going to buy that property is going to pay the market value of the house property which I would guesstimate to be about $500,000. Mr. Cooper from First Towne Realty he'll give you a little update as to the value of the property. The property of the lot as separated would probably worth $200,000. You put the two of them together you are not going to get a buyer for this property for $700,000. I doubt if you would get any appreciable price over the value of the house itself. So it's not, it's not a question of saying well if you have the lot it makes the house more valuable and therefore you can get a better price for the house with the property. The necessity here is, the necessity of the sale to pay for the upkeep and the Page 15 - December 16, 1991 Public Hearing - Ethel H. Betz Southold Z.B.A. MR BRUER, cont'd: maintenance of this, my client, Ethel Betz. I have here, I'd like to read part of a letter and I'd like to submit the letter as part of the file. A letter her brother sent to me engaging me with respect to this appeal here back in October of 1990. The middle paragraph I'll just read one. I'll ask that the letter become part of the file. It says with a home, with our Southold home now vacant I have open listed it with several Realtors at a price below the appraised value. Because of the present zoning restrictions I am required to included the adjoining vacant lot as part of the package. This has substantially increased the value of the offering and automatically makes the price of the property non-competitive with other offerings. I'd like, again submit this letter in accordance with the notice that the Board submitted to me, and it's kind of an outline of the arguments that are presented here today. Would you like me to submit these all at once or? CHAIRMAN GOEHRINGER: Surely, no, I'll take it now. This way we'll digest it individually. MR BRUER: Alright. CHAIRMAN GOEHRINGER: Thank you. MR BRUER: While I'm here I'd like to pass up the copies of the deeds showing when the purchase and the single separate search if you don't have it already in your file. Again I would like to reiterate that the merging of the property by zoning has created a financial hardship to the applicant as well as the practical difficulties of it. The financial hardship as I Stated is basically that the lot as attached to house is really valueless, in terms of the total package of the house and a buyer and the impact of that. You will see more of what I'm saying by Mr. Cooper's statements that will follow. I'd like to state further for the record on the practical difficulties end of it that as far as the division goes, the property has as you note, it's half acre zoning so the-excuse me- not half acre zoning, the request is to divide property so that effectively it's two half acre lots or a little bit bigger than two half acre lots. They are each 26,097 square feet and one is 29,692 square feet. MEMBER VILLA: Which one has the house on it? MR BRUER: The house is know as lot number 35 on the tax map which I will submit. I can submit a survey of the two pieces and it also has the stamp of the Suffolk County Health Department with respect to this division. The Health Department approval was dated October 25, 1991. Page 16 - December 16, 1991 Public Hearing - Ethel H. Betz $outhold Z.B.A. CHAIRMAN GOEHRINGER: Thank you. MR BRUER: Bobby the smaller version, this is the house. I'd also like to point out that the elevation of the lot and where the building envelope would be is quite high. Would not effect the wetlands. There is quite a slope there. It's well above 15 feet elevation. With respect to the Environmental Impact regarding this matter I would like to point out that the Southold Town Planning Board on November 18th and November 19th issued a negative declaration and notice of determination of non-significance with respect to this property. I quote part of the action and I submit the November 18th notice. Description of the action subdivision with a 55,789 square foot lot into two lots of 26,097 square feet and 29,692 square feet. The reason supporting this determination an environmental assessment has been submitted and reviewed it was determined that no significant adverse affects to the environment were likely to occur should the project be implemented as planned. No correspondence has been received from the Department of Health Services in the allotted time therefore it is assumed that there are no comments or objections from that agency. And to the best of my knowledge they have not submitted anything to the Planning Board. No correspondence had been received from the New York State Department of Environmental Conservation in the allocated time therefore it is assumed that there are no comments or objections from that agency. This property and the surrounding area are serviced by the Greenport Village Utility Company. There are no private wells down gradient of this site. The division of land would not set a precedent because of further subdivision for substandard lots in the area as most lots are already in these size range of 25,000 to 30,000 square feet. For these reasons it is not anticipated that there will be any adverse impact from project density or ground water impact. And also I'd like to submit a letter of the Planning Board dated November 19th when it resolved that the Southold Planning Board acting under the State Environmental Quality Review Act established itself as lead agency. And as lead agency makes a determination of non-significant and grants a negative declaration. CHAIRMAN GOEHRINGER: Thank you. MR BRUER: In furtherance in the letter of the Planning Board is stated there I'd also like to submit to the Board for its file and I'm sure you have it. Is a copies of the blown up pictures of the Suffolk County Tax Map and as can be seen the lots around this property on Town Creek particularly and across the way are of similar size if not smaller. Although Page 17 - December 16, 1991 Public Hearing - Ethel H. Betz Southold Z.B.A. MR BRUER, cont'd: there are a couple slightly bigger. CHAIRMAN GOEHRINGER: Thank you sir. I'll pass this around. MR BRUER: In addition to the practical difficulties I believe it is shown that the situation is quite unique, unique in the sense that this is the as to properties on Town Creek there, this is I think the last lot that's available, it fits in with all the other lots on that side on Town Creek. It is not creating any great precedent or new precedent in the sense that it is the last one I believe of this size in that spot. It's not going to change the character of the neighbor. In that as I said the neighborhood is fairly well established and set and the addition of one house is not going to make any difference whatsoever. Also as the Board is well aware the enabling statute with respect to the appeals here. Is changing come next July under the revised 267 of the Town Law and I believe the presentation here and the request for the variance here meets the standards of the new statue which comes in effect I think next July. We're in the 267B 3B sets forth the standards that the Board is to take into consideration. Example the, to consider and weigh against detriment of the health, safety and welfare of the neighborhood. I don't think this is infringing whatsoever on the health, safety or welfare of the neighborhood or the community. The statute also says that you should take into consideration whether an undesirable change will be deduced in the character of the neighborhood. I don't think that this does that, that this specific piece of property as it's located there. Two whether the benefits sought by the applicant can be TAPE TURNED OVER other than an area variance. It might be argue that well maybe the property could be half kept with the lot and half maybe sold to a neighbor. I don't think this is feasible in terms of the economic benefit that would be, that the applicant would be deprived and the significance of it being added to the adjoining property owners would be insignificant in terms of the depravation of the value that is needed for this women's support to the end of her life and it would be a shame that there is no, there is no other way to pursue this. Three, whether the requested area variance is substantial. Well, maybe if this was two acre zoning it might be, but it's one acre zoning here and everything in this area has pretty much been decided and set upon to be the half acre as this property divided would be. Itts not going to have a various, number four, an adverse affect or impact on the environmental conditions as supported by the Planning Board's letters that you have before you. And it's not a self created situation quite the contrary. The Town created it against the wishes of the applicant and her deceased Page 18 - December 16, 1991 Public Hearing - Ethel H. Betz Southold Z.B.A~ MR BRUER, cont'd: husband. At this point and for the time being I'd ask Mr. Cooper to get up and make a presentation with respect to the values and the financial lose that would occur if this variance is not granted. MR COOPER: My name is Bill Cooper I work for First Towne Realty here in Southold. We've been asked to comment on the market ability of the house. If you consider the listings that are there presently available there's probably between ten and thirteen houses available either on the bay or creeks that are listed somewhere between $450,000 and $595,000. Over the last year most of those prices have come down probably around $100,000. There has been very few sales. There are several sales that have taken place in Calves Neck, they are fairly low prices or they would be considered low prices in comparison to two years ago. The house has been on the market since for almost a year. There have been no offers on the house. And basically they are competing against prices that are between $100,000 and $150,000 lower then what's happening. The client who is going to buy the house it's a very unique house, the taxes on it are higher than comparable in the neighborhood. But it is a very unique house and will appeal to someone. However, the extra lot is not necessary for most purposes and the other problem is going to be that it's just not going to command that kind of money in this market. So there is a tremendous lose of money, no doubt about it as far as that's concerned. We've only had two houses sold over there both if they get $500,000 for the house that would be probably somewhere between $50,000 and $75,000 less then they would have gotten a year ago. Just for the house alone. The longer they wait they longer it's harder to market, the more money they will continue to lose. CHAIRMAN GOEHRINGER: Mr. Cooper, how much is the house listed for? MR COOPER: $750,000. CHAIRMAN GOEHRINGER: With the lot? MR COOPER: With the lot. CHAIRMAN GOEHRINGER: How much is the lot worth? MR COOPER: Around $200,000. CHAIRMAN GOEHRINGER: Thank you sir. MR COOPER: Thank you. Page 19 - December 16, 1991 Public Hearing - Ethel H. Betz Southold Z.B.A. MR BRUER: Mr Cooper, Bill, could I ask you one question. What value does the lot add to the house piece of property? MR COOPER: At this point almost none. The person who would come in and make an offer now would probably make the same $500,000 , $550,000 and but expect those pieces. There's no real value to the extra piece because they would be so over paying for the neighborhood at this point that it just wouldn't make any sense for them to do that. Separately, if they could buy it an separate it themselves, that would be another thing. If they could never separate it. CHAIRMAN GOEHRINGER: Thank you. MR BRUER: In other words, the value of that lot would be completely lost in terms of its merging with the house piece. MR COOPER: Sure. MR BRUER: Thank you. Just for the record gentlemen I'd like to submit a letter from the Village of Greenport with respect to the availability of the city water. CHAIRMAN GOEHRINGER: Thank you. MR BRUER: Sitting here is Mr. Herz, the brother of Mrs. Betz, he'd be happy to answer any questions that you might have. CHAIRMAN GOEHRINGER: I have only one confidential question and I don't think it's necessary for the hearing, I think you could submit it as a part of the record but I would like to know the age of Mrs. Betz and the approximately monthly costs of the carrying charges in the nursing home if you wouldn't mind. These are questions that I really never ask but since you are discussing the need financially for this particular application I don't think it has a direct relationship to this application but certainly an indirect relationship. Okay? MR BRUER: Yes sir. CHAIRMAN GOEHRINGER: Thank you. How do you do, Mr. and Mrs. Herz, is there anything you would like to add for the hearing? MR HERZ: I'd like to add just a short statement. CHAIRMAN GOEHRINGER: Surely. Page 20 - December 16, 1991 Public Hearing - Ethel H. Betz Southold Z.B.A. MR HERZ: I came to these hearings from Delaware and I'm a resident down there and in effect I send my influence over my sister's affairs. I have power of attorney and therefore I'm very much interested in being here and observing what is taking place and I want to thank the Board for the opportunity to listen. CHAIRMkN GOEHRINGER: Thank you sir. Is there anybody else who would like to speak in favor of this application? Yes sir. I'll just ask you to state your name at the mike, thank you. MR VAN BOURGONDEIN: My name is Phil VanBourgondein, my wife and I, Katherine are the closest neighbors to Mrs. Betz, we are directly adjoining her property of this wonderful women. You couldn't find a better citizen or neighbor or a Southold citizen. We the undersigned respectfully request that the Appeals Board allow the re-zoning of Ethel Betz's property on Calves Neck Road into two separate lots. This property was originally purchased in two separate parcels. The first parcel, the one on which the house was built by Mrs. Betz and her husband Dr. Philip Betz was purchased some forty years ago and the second adjacent to the first was acquired at a later date. Ethel has been in a nursing home for one and a half years and needless to say it is very expensive. The sale of her property becomes increasing necessary to keep her comfortable to the end of her days. We the undersigned feel also that in as much as Ethel has over the years has given so much of her time and energy gratis, to many organizations in the Town of Southold, namely the Southold Peconic Civic Association, the Southold Historical Society, the Presbyterian Church to name a few in which she kept the books and was treasurer. It is only fair and just that the zoning changes be granted. It is felt that this may speed up the sale of these properties. And I have here seventeen signatures of people in the neighborhood, who knew her and are directly involved in Calves Neck group. I'd like to submit that to you. CHAIRMAN GOEHRINGER: Thank you sir. Is there anybody who would like to speak against this application? How do you do sir? MR NORTHAM: I'm Basil Northam, I live across the street from the property, or catty corner to it. Unfortunately Clara Jerknes couldn't be here tonight, but I do believe she wrote a letter to the Board. I hope you look at her letter, and look it very carefully. She's lived in the neighborhood quite a long time, she's the person who's going to be right next to the open area, not the house area. The open area. I Page 21 -December 16, 1991 Public Hearing - Ethel H. Betz Southold Z.B.A. MR NORTHAM, cont'd: understand Mr. Bruer said something to the effect that I know you've all been down there. I don't know. If you did go down there you would see a very small place which would not only squeeze a house in but only have to be crammed in. It's a nice little area, it's got some trees, but I don't want to go into emotional things like that. I know the hardship and I know the dignity means so much but let me just regress for a moment. I'm sorry in a way that it had to come to this pass because the Suffolk County Planning Board though ecologically speaking at least that 11-1 or 11-0 it shouldn't have come to this pass. So be it. The dignity and the hardship, honest emotions, honest ideas. But half a million dollars, that's quite a sum and there are other people who aren't here tonight and I'm sure have written letters, I didn't canvas the area. But, I hope you take them into consideration and I just hope that you uphold the law in a case where the site is so small. CHAIRMAN GOEHRINGER: Thank you Mr. Northam. MR NORTHAM: Thank you. CHAIRMAN GOEHRINGER: Excuse us, I don't know where this cold air is coming from but it, it's absolutely we're freezing up here. I asked him to turn the heat on before and he did but I think he turned the air conditioning on. Is there anybody else who would like to speak, either for or against this? Mr. Kramer. How do you do sir? MR KRAMER: Hi, I'm John Kramer, I live eight houses away. I just jotted down a few notes that I hope you'll take into consideration. This was two acre zoned property, now it's one acre zoned property and we're still talking about halfing that again. And I don't think that that's right. Especially when as Basil referred to the configuration of the lot. If you look at the way they propose the house, it's got to be up toward the road. The beauty of Calves Neck is that it is substantially developed and we really don't need any more houses. The lot in front of the, the paved surface in front of the house is sixteen feet wide. Servicing the entire Calves Neck Road. It's a long narrow road. I don't think we need more houses, the area doesn't lend itself to affordable housing lot size. There's a problem with the real estate market. It's good property, there's nothing wrong with the real estate. They missed the boom years and they regret that they didn't sell when they could have gotten $750,000 and that is indeed unfortunate. But that's the reality, we don't have a problem with real estate, it's good property. There's another point that I'd like to bring out. The house now I don't think has a dock, the person buying it is certainly if Page 22 - December 16, 1991 Public Hearing - Ethel H. Betz $outhold Z.B.A. MR KRAMER, cont'd: they're going to pay those kinds of numbers for house they're certainly going to want to put a dock and a boat in. If we divide it we're going to have two boats and two docks. And this is in a Creek that's already closed to shell fish nine months a year. On the idea of the precedent setting. I don't know what the situation is with the lots across the street from me that are owned by Francisco and were sold by the Estate of Hendrickson. I don't know what those sizes are. But if we start cutting a one acre lot into two half acre lots I sure those lots that are now just a big vacant field as you go around the "U", could beautifully be cut up into six houses. And I would hate to see that and the only other thought that I have, is that it occurs to me that as I sat here in the McDonald's hearings that the County Health Department and the Town Planning Department and everybody else who gets this stuff before you all do flip flops and everything comes back down to your shoulders. And I would like to thank you for delving into these situations and studying them because it appears to me from the outside that you people are the only people who can stop wanting the intensification of development. Thank you. CHAIRMAN GOEHRINGER: Thank you, John. As you are aware we have received a letter from a neighbor and she's requesting a recess on this hearing, this Board normally does grant a recess at least one recess and this particular point I will offer to the Board a resolution to recess this hearing to the next regularly scheduled meeting and wish you all a very happy holiday season, thank you all for coming in. Jimmy second it. MR BRUER: Before you get into that, two points of rebuttal on the arguments of tonight. I'd just like to point out that I can submit, I don't have the copies here of November 19th, the Southold Town Planning Board voted to quote be it resolved to override the October 3, 1991 Suffolk County Planning Commission report for the following reasons. The division of land would not set a precedent for further subdivision of substandard lots in the area most of the lots within five hundred foot radius are already in the size range of 25,000 to 30,000 square feet. One other thing as I have a letter here from, faxed letter from Celic Realtors with respect to the price of the lot and Tom Ulinger of that office has estimated that the lot based upon other comparables in the area would be about $200,000. CHAIRMAN GOEHRINGER: Thank you Mr. Bruer. MR BRUER: When would that next meeting be? Page 23 - December 16, 1991 Public Hearing - Ethel H. Betz Southold Z.B.A. CHAIRMAN GOEHRINGER: I don't think we set a date yet. LINDA KOWALSKI: Probably the 23rd. It would be Thursday. MR BRUER: I wouldn't be available. CHAIRMAN GOEHRINGER: Okay, then we'll postpone till the following. LINDA KOWALSKI: We'll let you know, in February some time. MR BRUER: Can I call you on that, that date. CHAIRMAN GOEHRINGER: Sure. MR BRUER: Okay, thank you. LINDA KOWALSKI: We'll have to re-advertise it, that's all. CHAIRMAN GOEHRINGER: Okay. Can I hear a second on my motion gentlemen. MEMBER VILLA: Second. Ail in Favor - AYE. Appl. No.: 4068 Applicant(s): Eleanor Sievernich Location of Property: Cox Neck Road, Mattituck, County Tax Map No.: 1000-113-8-5 NY The Chairman opened the hearing at 8:53 p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey indicating the parcels in question as they are proposed and a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. There is no surveyor shown on the map so therefore I will not mention it. Here's the original it was done by Howard Young, the most recent date is February 8, 1991. Is there anybody who would like to speak in behalf of this application, prior to recessing the hearing? LINDA KOWALSKI: We have a letter there from the Attorney for the applicant. CHAIRMAN GOEHRINGER: Right. LINDA KOWALSKI: You might want to read that for the record. Page 33 - December 16, 1991 Public Hearing - Troy and Joan Gustavson Southold Z.B.A. CHAIRMAN GOEHRINGER: Sure. Mr. Dinizio would like to. MEMBER DINIZIO: I'd just like to state that I did go down there at night and I brought my children down and we did run around the court and I turned it on and I went to both sides of the property actually on the other property and I could not see any of that light washing on to either side.. You know there is railroad tracks in the back. It just doesn't seem like this is in any way a hindrance. Other than you could have just as easily had parking lot lighting there on all the time and TURNED TAPE OVER CHAIRMAN GOEHRINGER: Would anybody else who would like to speak either for or against this respective application? MR BRESSLER: Yes. I guess I might say that if any of the Board Members have any questions about the game itself isn't Saturday morning the or is it Sunday morning you go down there. MR GUSTAVSON: Generally speaking, Saturday mornings between nine and twelve. We basically have an open house for anybody who is interested in learning more about the sport~ CHAIRMAN GOEHRINGER: Interesting. Very good. MR BRESSLER: And he'll be down there if you want to see what it's like. It's good for old guys to play too. CHAIRMAN GOEHRINGER: Let the record show that Mr. Bressler is referring to the applicant and .... MR BRESSLER: And myself. CHAIRMAN GOEHRINGER: Hearing no further comment. I make a motion closing the hearing reserving decision until later. All in Favor - AYE. By~~'i~-~'J~t~ (Transcribed by tape, was not present at the hearings) Page 12 Public Hearing--Ethel Betz Southold ZBA 1/23/92 Appeal # 4047 Applicant (s): Ethel H. Betz Location of property: Calves Neck Road, County Tax Map #: 1000-63-7-34 and 35 Southold, NY CHAIRMAN GOEHRINGER: We will ask Mr. Bruer is there anything else he would like to add to the record prior. I know that he did not ask for the postponement. MR. BRUER: The postponement was I guess requested by a party or parties who couldn't hav~abeen here the last time. I just would like to state that I believe that since that meeting I have forwarded to you correspondence to answer your questions relative to the age of Mrs. Betz and her medical care. That I believe is part of the record? There was a letter forwarded to me from Ms. Norstrom, which I believe I responded to by way of forward- ing to her the correspondence I sent to this Board. I would think that maybe at this point I would let anybody here that didn't get a chance to speak the last time to speak and then maybe I could answer any of their questions. I do have some additional material I would like to submit. But wait til that point. CHAIRMAN GOEHRINGER: Thank you Mr. Bruer. Is there anybody who would like to speak in behalf or against this application? Yes maam. Could you state your name for the record? CLARA BJERKNES: I own the property directly to the west of the parcel which is under consideration. First of all, I would like to thank the Board for deferring the hearing and thank you and your staff for the help I received in finding out just what this was all about. CHAIRMAN GOEHRINGER: Could I just ask you. That mike sounds like it is off. Oh it is on. Okay. Great. MS. BJERKNES: It's me. As I told you in my letter I'm greatly purterbed about the proposed separation as it was plotted. It allows for no side yard allowance as it's drawn there for the west side of the house on lot # 35. Not only it makes for an awkward angle for the driveway, but what would the new owner conceivably do in order to repoint the bay windows, mow the lawn, shovel snow, etc. He would have to tresspass on the land of the property next door. I'm lot number 34, there is no well-pit which contains emergency generator for the house. And that is included in the area that is called abuildin9 envelopes on lot # 34. So what happens to that? Even more disturbing to me is that. the ~ize is and .68 acres respectively~for 34 and 35. For a number of years the Town, the State, the County have all been advocating upzoning. A few years ago, the zoning in the area was two (2) acres. It's now R-40 low Density one (1) acre. Combined two parcels is on the tax map a'total of 1.2 acress ~o. it falls within the residential, but it certainly does not fall within small size 16t. The Suffolk County Planning Board overwhelmingly disapproved this separation, ten (10) negative, one (1) absent. Citing substandard lot size. Great hardship is difficult to see how this separation could be helpful. Separation of the vacant lot could well serve to depress the value of lot # 35. That contains a large beautiful brick house and. a very attractive setting. And particularly so, no side allowances to be allowed on that house parcel. To redraw the Page ~3 PUblic Hearing--Ethel Betz Southold ZBA 1/23/92 MS. BJERKNES con't: separation line to allow for a side yard, number 34 would be even smaller. That might make it diffifcult to build a house on it since the lot considerably slopes towards the north, towards the water. In all probably if the lots were separated, the vacant one would be sold first, having a lower price tag and carrying a lower carrying cost. That would well leave Mrs. Betz with the problem of an expensive property made more difficult to sell. Particulary in today's market. Everything in the appeal seems to make Mrs. Betz dependent on the sale alone, which raises a question, are there no other funds available to her? And not only would the separation might well be determental to Mrs. Betz but also set an unfortunate precident. There are a number of parcels in the area for which separation could be sought. In view of all this, I want the Board to deny the variance. Thank you. CHAIRMAN GOEHRINGER: Thank you. Anybody else like to speak either for or against this application. Any question you would like to answer Mr. Bruer. MR. BRUER: Yes Mr. Goehringer. I believe the Board has in itspossession the copy of the map which has the Suffolk County Health Dept. approval of the division. I think that speaks for itself with respect to the Health Dept's position with respect to this property. With that survey showing that division does show and it is the survey that shows the building envelope on the property, just in case it's not readily available to the Board, I made some additional copies. This is of the lot itself, and this is of overall survey from which it came. I think the Board should also keep into mind that this lot along with the other lots that are created there or there, were done prior to zoning. The reason that you have one lot here is because the Betz's were unknowledg- able of single separate ownership. They were not cognisent of the effects of merger, which is what happened here. It was done as was argued earlier and not to belabor the point, done by zoning in the merger of it. The Betz's have always thought, and I can say that Town Tax Assessor, has always kept this as separate properties. And the Betz's have in their minds always believed that they have had two separate lots here. I believe it is very critical here to point out the arguments and the statements of Mr. Cooper who is a licensed real estate person. Who testified before the Board with respect to the relative value of the property as attached and as unattached. Mr. Cooper has given me assurances today and I can deliver that to the Board , assurances that he has a prospective buyer for the lot in the approximate range of $200,000.00 value. It is to be pointed out that he felt that he could never recoop that value of this property as attached to the house. I am aware of the concerns of the prior speaker and I feel that she is being somewhat selfish, knowing that the property if this petition is denied, just increases her side yard or the unusability of a neighbors property to her benefit, at least she hopes so and I will not dwell on that. With respect to other neighbors in the area, I would like to submit an additional petitioq in addition to the one that was submitted at the last meeting with an additional ten (10) signatures. (Change tapes) P~ge 14 PUblic Hearing--Ethel Betz Southold ZBA--1/23/92 MR. BRUER con't.: There is no problem by the way of the owner of the house getting access to the side of his property. He can always if necessary go around the east side of his house to that, there is plenty of room to get there and there is plenty of room to walk between the new property that is divided and the present house. I don't think there is any problem there. Just to answer some of the questions that were raised, the well-pit I don't think should be of the concern of the neighbor. It is done for the convenience of the owner, it was done for the convenience of the Betz's and its availability to the main house I don't think should be a concern of the Board's at this time. CHAIRMAN GOEHRINGER: The house is serviced by Town water is that correct? MR. BRUER: That is correct. That is why the Health Dept. has granted this. Also from that map I submitted, you can see the contours of the property. The elevations are quite high where the building envelope would be and would not be infringing that much, if at all on the bluff. I don't think the Board wants me to get into the material that was in the correspondence, unless they have any questions from me. CHAIRMAN GOEHRINGER: I want to apologize for this Mr. Bruer, at the last hearing I wasn't feeling to well, I could have asked you this question, you have got plenty of time to do it, because I don't think we are going to make a decision for at least two weeks on this application but, could you please give us an idea, Calves Neck is a Penninsula, so to speak alright, from the portio~ of which starts at Youngs Avenue and goes all the way around the loop. I am not interested in the interior lots. Could you just give us an indication on how many houses are built on single lots in that area. It is nothing you have to do tonight, within the next week or two could you put that together for us and... MR. BRUER: Yes. I believe you have a copy of the tax map and I think... CHAIRMAN GOEHRINGER: It only goes half way. I don't think we have the rest of it. I just meant the entire loop all the way around on the water side. MR. BRUER: Ail the way around on both sides of the penninsula? CHAIRMAN GOEHRINGER: Yea. Just give me an idea of how many houses are built on single lots in that area. That would be very helpful to us. MR. BRUER: On the water side? CHAIRMAN GOEHRINGER: On the water side. MR. BRUER: Starting from where Mr. Benson is over there on Terry, Ail the way around CHAIRMAN GOEHRINGER: Ail the way around. Yea. I apologize I could have asked you for this on December 16, 1991. I didn't ask you. I forgot to ask you and that is why you got plenty of time to give it to us.. If you couldn't just put that together. Page 15 Public Hearing--Ether Betz Southold ZBA--j/23/92 MR. BRUER: I think this lot and maybe one other is the only thing that is not built on, on that side on Town Creek. And I think there is only, off the top of my head, only two (2) other side, but I would have to verify that. CHAIRMAN GOEHRINGER: I apologize again. I could have asked you that on December 16, 1991. Alright. But since we are not going to be entertaining this in the way of a decision tonight, it will be a need of this Board to have a special meeting in approximately two (2) weeks for another matter.. MR. BRUER: Do this by way of a letter? CHAIRMAN GOEHRINGER: Yes. I thank you very very much. Is there anybody else who would like to speak in behalf of this application? MR. BRUER: By the way, I would like to say that Mr. Herb is unavail- able, and I think he informed the Board. CHAIRMAN GOEHRINGER: Yea, He did. Right. Thank you. MR. BRUER: Thank you very much. CHAIRMAN GOEHRINGER: Hearing no further comment, I will make a motion closing the hearing upon the receipt of the information that was requested of the attorney, Mr. Rudolph Bruer and the hearing is officially closed and we are just requesting that information from him. I make a motion granting. MEMBER GRIGONIS: Seconded. Ail i favor - AYE. CHAIRMAN GOEHRINGER: Thank you all for coming in. Have a safe trip home. by ~L~ · Lorraine A.-Milter (Transcribed by tapes recorded by me on 1/23/92) MAYOR WILLIAM R. PELL Ill TRUSTEF. S WILLIAM D. ALLEN 236 THIRD STREET GREENFORT, NEW YORK 11944 September 17, 1991 Edson & Bruer, Attorneys at Law P.O. Box 1466 Southold, N.Y. 11971 Re: Water Availability Tax Map No. 1000 - 63 - 7 - 34 To Whom it May Concern, In response to your request, this letter will serve as notice that the Village of Greenport Water Supply System does supply water to the above referenced property, located at Lot #34, Calves Neck Road, Southold, N.Y. The current owner, Ethel H. Betz, is capable of connecting to our system upon application. If I can be of further assistance, please contact me. GWH:cr Very truly yours, Gerald W. Hickson Ass't. Superintendent of Public Utilities 100 Years of Community Service February 3, 1992 Chairman Mr. Gerard P. Goehringer, Board of Appeals Town Hall 53095 Main Road Southold, New York 11971 Re: Betz, Ethel H. SCTM#1000-63-7-34 & 35 Dear Mr. Goehringer: Pursuant to your request and according to the tax map, there are no undeveloped tracts of land on Town Creek, nor do I see any potential future setoffs. On Jockey Creek, according to the tax map, there are four vacant lots, i.e: SCTM#1000-70-4-22 SCTM#1000-70-4-24 SCTM#1000-70-4-28 SCTM#1000-70-4-32 Benson, Elaine Kirschman McInerney Schwarz The Benson property appears to be integrated into one lot. All the lots appear to be separate tax map lots. It should be noted that the Jockey Creek lots were developed many years after the Town Creek lots were developed. My recollection is that they were done by George Ahlers and/or Judge Hill in the mid-1970's. Enclosed please also find a copy of a letter I received from Marion R. King Realty relative to the separation. I again call your attention to the extreme financial hardship that has resulted from the merger of these lots and request that the board re-separate them. Thank you for your Encs. consideration in this matter. REALTY 31855 MAiN ROAD CUTCHOGUE. N.Y. 11935 (516) 7~4-5657 MARION KING 3anuary 31, Rudolph Il. B'.'uer, ["sq. Main Road Southold, N. ¥. 11971 Re: [thel 8etz property S.C.M. 1000-63-7-~ (liouse) 1000-63-7-}~ ([ et) Deal, Mr. Bt, uet,; ] ettended 3enuary 23, properties tho ~.BA meeting at thu Southo]d Town Ita]] on 1992 eoneernJn~ the separatJor, of the Betz end wish to state my opinion off same, The house and lot of M['s. Betz has bc~n for sale for acme tjm~-,, however due to tho eombirmd propertios~ the price has bee, prol~tbitivo. 1 feel f~lrly sure Dr. ~nd Mrs. Betz buught the lots as 2 separate porccls and as many others~ failed to realize they had to change them ~nto two separate names. As all the lots in Calves Neck are of similar size, most with huusu~ on thom, I cermet underutand why these 2 ~ot~ should not remejn ~spuratcd. Ae I undt~r:~t.nd it, ti~e main CO!iCei'I'~ of aome Of tile tdents are aesthetics end polutior~.. Those concerned with the o[~th,'~tic~ of Calveo Neck must realize the houses along the water,edge mfs lovely mhd mo~t ~re on the mlzo ~ot we are discussing. Am to polutJon, the congregation of Cenadian geese and duoks at the hood the C[.ut~k ere a much gre~ter threat to polulion than 8tnglo house. Duo to thc severe hal'dship of her physical non seperali.n of these propurti~.q would be another burden for Mrs. Betz and her family to endure. /mk Respectfully yours, Marion R. Klr, g Two Winding ~a y Greenville, De. 19807 October 25,1990 Dear ~r. Bruer: I was glad to meet you last Saturday and in- form you of my change of mind regarding the segregation of the Betz vacant lot. Rapidly changing events have intensified the hardship related to the disposal of the property. My sister Ethel Betz has been commtted to a nursing home because of suffering a severe dementia which is degenerative and irreversible. As power of attorney for her affairs I have witnessed a rapid escalation i~ the cost of her care and medical expenses which commenced with around the clGck care while she was still living in her own home. Since moving to the nursing facility her room rate has been increased 53%! With her $outhold home now vacant I have open listed it with several realtors at a price below its appraised value. Because of the present zoning restrictions I am re- quired to include the adjoining vacant lot as part of the package. This has substantially increased the value of the offering and automatically makes the price of the prop- erty non-competitive with other offerings. This is especially burdensome in a severely depressed real estate market such aS we are presently experiencing. As my sisters care expenses escalat~ it is increasingly more evident that inclusion Of the vacant lot with the house is blocking a source of funds much needed for her care. According to my appraiser the value of the vacant lot is diminished when it is included in the package. When Ethel's husband Dr. P.F. Betz died in 1967 Ethel told me, and also confided in neighbors that she would always have a ''nest egg'' while she owned the vacant lot. Adream that was shattered by the new zoning regulat- ions and the joining of the lots. As a point of interest it should be noted that the vacant lot was purchase~ after the house was built, but before the present zoning laws were in effect. Wy sister continues to receive a tax bill for the vacant lot and a separate one for the one she occupies. During the thirty or so years ~thel lived in her Southold home she has spent much time, energy and money as a community benefactor. She was aplllar of the First Presb- yterian Ohurch and for many yearsserved as its treasurer. Likewise, she was long-time treasurer of the Southold Historical Society, receiving plaques from each of these organizations honoring her service. I know she supoorted the ~outhold public Library, Family Service and the East- ern L.Io Hospital where the Betz name appears as~ founder on an entrance hall plaque. Now that she is helpless and will be requiringI more intensive and costly professional care ~n the future, would hope that you would expedite the segre~tion proceed- ings to the extent that this might be possible. If you have a ba~l park figure of the total cost I will be facing I should like to hear it. Enclosed are copies of the deeds for the two lots. mind regards. Very truly, Tele. 301 654 0805 PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Lalham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 November 19, 1991 Rudolph H. Bruer Edson and Bruer Main Poad, P.O. Box 1466 Southold, NY 11971 RE: Minor subdivision of Ethel H. Betz SCTM#1000-63-7-34 & 35 Dear Mr. Bruer: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, November 18, 1991. BE IT RESOLVED to override the October 3, 1991 Suffolk County Planning Commission report for the following reason: The division of land would not set a precedent of further subdivision of substandard lots in the area as most of the lots within five hundred (500) foot radius are already in the size range of 25,000 to 30,000 square feet. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, jr.~' 4~5 Chairman eno. cc: Suffolk County Planning Commission PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 November 19, 1991 Rudolph H. Bruer Edson and Bruer Main Road P.O. Box 1466 Southold, Ny 11971 RE: Minor subdivision of Ethel H. Betz SCTM# 1000-63-7-34 & 35 Dear Mr. Bruer: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, November 18, 1991. BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, establishes itself as lead agency, and as lead agency makes a determination of non-significance, and grants a Negative Declaration. Enclose please find a copy of the Negative Declaration for your records. enc. Very truly yours, Bennett Orlowski, Jr. Chairman PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kennelh L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significance November 18, 1991 This notice of issued pursuant to part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Minor subdivision for Ethel H. Betz SCTM#: Location: 1000-63-7-34 & 35 North east side of Calves Neck Road, southeasterly of Young's Avenue. 1208 feet SEQR Status : Type I (X) Unlisted ( ) Negative Declaration: Yes (X) No ( ) Description of Action: Subdivision of a 55,789 square foot lot into two lots of 26,097 square feet and 29,692 square feet. Page 2 Ethel H. Betz SEQR Negative Declaration Con't. Reason Supporting This Determination: An Environmental assessment has been submitted and reviewed. It was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. No correspondence has been received from the Department of Health Services in the allotted time. Therefore it is assumed that there are no comments or objections from that agency. No correspondence has been received from the New York State Department of Environmental Conservation in the allotted time. Therefore it is assnmed that there are no comments or objections from that agency. This property and the surrounding area are serviced by the Greenport Village Utility Company. There are no private wells downgradient of the site. The division of land would not set a precedent because of further subdivision or substandard lots in the area as most lots are already in the size range of 25,000 to 30,000 square feet. For these reasons it is not anticipated that there will be any adverse impacts from project density or groundwater impact. For Further Information: Contact Person: Robert G. Kassner Address: Planning Board Telephone Number: (516) 765-1938 cc: Suffolk County Department of Health Services Suffolk County Planning Commission Roger Evans, DEC Stony Brook Comm. C. Jorling, DEC Albany Judith Terry, Town Clerk Building Department Applicant Zoning Board of Appeals Southold Town Main Street Southold, N.Y. Gentlemen: We, the undersigned~ respectfully request that the Appeals Board allow the ~ezoning of the Ethel Betz prpperty on Calves Neck Road into 2 separat~ parcols~ lots~ This property was priginally purchased in two separate parcels. The first parcel, the one on which the house was built by Ethel and her husband Dr. Philip Betz, was purchased some 40 years ago and the second, adjacent to the first at a later date. Ethel has been in a nursing home for overl~ years. Needless to say it is very expensive. The sale of her property becomes increas- ingly necessary to keep her comfortable to the end of her days. We, the undersigned also feel that, in as much as Ethel has, over the years, given completely gratis so much of her time and energies to many organizations in town (The Southold-Peconic Civic Assoc., The Southold Historicl Society , The Southold Presbyterean Church e~c. to name a few in which she acted as treasurer and kept the books) it is only fair and just that the zoning changes be granted. It is felt the zoning change may speed up the sale of these properties. ZONING BOARD 0P A~PEALS SOUTHOLD T(}WN MAIN STREET SOUTHOLD, ~.Y. 11971 Gentlemen: We, the undersigned, respect£ully request that the Appeals Board allow the rezoning of the Ethel H. Betz property on Calves Neck Road into 2 separate lots. This property was originally purchased Sn two separate parcels. The first parcel, the one on which the hou~e was built by Mrs, Betz and her husband Dr. Philip Betz, was purchased some aO years ago and the second, adjacent to the first was acquired at a later date. Ethel has been in a Nursing Home for 1}~ years. Needless to say it is very expensive. The sale of her property becomes increasingly necessary to keep her comfortable to the end of her days. We the undersigned feel also that, in as much as Ethel has over the years given so much of her time and energy gratis to many organi- zations in to'sn( The Southold-Peconic Civic Assoc., The Southold Historical Society~ The Presbyterean Church to name a few in which she kept the books and was treasurer) it is only fair and just that the zoning changes be granted. It is felt that this may speed up the sale of these properties. S I GNA TURE ~ETITION FOR A (.,!A~GE OF ZONIN~ ON THE ETHEL H. BE~Z t~R~9}~ERTY SIGNATURE AvE STREET SOUTHOLD PROPERTY RECORD CARD VILLAGE J DIST. [ COUNTY TAX MAP NO. ! LAND IMP. TOTAL DATE REMARKS: 'i:HOLD PROPERTY!r: CARD ~l~mj~i~ ~i~..~. ~.>:':h VILLAGE . '~'~":~ O'~. ': SUB.:~: ~'"~'~':"~/~::"' ': ," '~ S W 'PE OF BUILDING ~ND IMP. TOTAL DATE REMARKS ~ AGEJ " ~ ~ .... . -. - BUILDING CONDITION N~ NOR~L BEEOW ABOVE . FARM Acre Value Per Value Acre Tillable Till~ 2 Tillable 3 Woodland ~ /~ ' ~ Swampland ~ FRONTAGE ON WATER /t ~ ~ Brbshland FRONTAGE ON ROAD / ~ ~ ' House Plot DEPTH BULKH~D total DOCK ~. STREET VILLAGE DIST, SUB. LOT j,~ " ~ FORMER OWNER N E ~D IMP. TOTAL : DATE REMARKS AGE BUILDING CONDITION ;;2" N~ NORMAL BELOW ABOVE ' FARM Acre Volue Per V~lue Acre ~ Woodlond Bru~hl*nd FRONTAGE O~ ROAD House Plot DEPTH BULKH~D I Total DOCK TITLE New York State L;censed PROFESSIONAL LAND SURVEYOR 1~9 Sears Road, Wast I~hp,L I ,N Y MOb owk 9-4~~' TOWN OF $OUTHOLD PROPERTY RECORD CARD OWN'ER .... STREET //'~,~.~ VILLAGE DIST. i SUB. LOT ER OWNER N E ^CR. S W TYPE OF BUILDING ~D IMP. TOTAL D~TE R~RKS TilIoM~ , FRONTAGE ON W~TER W~I~ FRONTAGE ON RO~D M~ DEPTH H~ P~ .. BULKH~D COLOR TRIM M. Extension Extension Pokh Porch Breezeway Garage Patio O.B. T~Cal Foundation Both Basement Ext. Walls Fire Place £ 5 Floors Interior Finish Heat Type Roof Rooms 1st Floor Recreation Room Rooms 2nd Floor Dormer Driveway inette TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET /~,? ,".~7~ VILLAGE DIST. SUB. LOT ~ ~ N E ACR. / ~ER OWHER ~~ S W ~PE OF BUILDING LAND ;FAS. VL ..~/~_ FARM IMP. TOTAL DATE Tilloble Woodland House Plot Total COMM. CB. MICS. Mkt. Value REMARKS FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD TOWN OF $OUTHOLD PROPERTY REGARD CARD ~.. OWNER STREET -/r' L_.)'- VILLAGE DIST. I SUB. LOT .//~ ,/_/Z' FOYER ~NER N E ACR. R~' ~f[) S~S- VL. ., FARM CO~. CB. MICS. Mkt. Value I ~D IMP. TOTAL DATE R~RKS , ~,o ¢~o ~°ov /~ & . ~',.,.~''~.'~ ~:~/~Cv~. ~ec.l,~¢,~,'/.....u~.~.~w~ce~v: r. /~//'t/~ ,' '-' I' -U~ " Tillobl~ FRONTAGE ON WATER W~lo~ FRONTAGE ON ROAD , Me~ DEPTH H~ P~ BULKH~D T~I M. Extension ' Extension Foundatio~ C~ ..,Z~ Bath ~.. Dinette Poh:h Basement Floors Breezeway Patio T~al Ext. Walls Fire Place Type R~f Recreation Room Dormer Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Driveway LR. DR. BR. FIN. B TOWN OF SOUTHOLD PROPERTY ~ECORD CARD OWNER STREET .~ ?,,~ VILLAGE DIST.' SUB. LOT ,,;/2 I S W ~PE OF BUILDING ,~. ~/~ s~. VL. ~F*,~ CO~. C~. ~CS. ~k~. W~. ,~..~ ~'.D IMP. TOTAL DATE R~RKS ~4/~. Tillable , FRONTAGE ON WATER W~Io~ FRONTAGE ON ROAD Mm~ DEPTH H~a P~ BULKH~D Tml TRIM .5"0 Basement Fa// Ext. Walls Fire Place / Roof Recreation Room / Both Floors Interior Finish Rooms 1st Floor 2nd Floor Driveway TOWN OF SOUTHOLD PROPERTY &F.A~ORD CARD /~t~.- 7~--'/- zZ OWNER STREET '/'/.~)' VILLAGE DIST.' SUB. LOT t~' .(".~ F~ER ~NER N E AC~ J S W ~PE OF ~UILDING R~. ~/~ S~. ~. FARM CO~. CB. MICS. Mkt. Value ~ .) IMP. TOTAL DATE R~RKS rill~bl~ ~ FRONTAGE ON WATER ~1~ FRONTAGE ON ROAD ~eo~ DEPTH t~ P~ BULKH~D roml COLOR ~,'H/TZ TRIM ~uH I T~~' · M. Extension ~xt~r~ion Foundation d .2~ Both Pokh Basement Floors Rorch Breezeway Patio O.B. ?elal /£3 7~o Ext. Walls Fire Ploce Type Roof Recreation Room Dormer Il#vi, Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Driveway inette JLR. DR. BR. FIN. B TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET,~.,~ ~/,~:- ' ," ,~ ) VILLAGE DIST. SUB. LOT //;j · "~ '/ ,'*? d~.~',,.... ,,7,,6., .~ FORMER OWNER '~ N E I I S W TYPE OF BUILDING RES. SEAS. VL. ~T/$ ! FARM CO ~/v~A. CB. MICS. Mkt. Value ~ ~ IMP. TOTAL DATE REMARKS tillable ', FRONTAGE ON WATER ~la~ FRONTAGE ON ROAD ~ DEPTH ~ PI~ BULKH~D OWNER TOWN OF SOUTHOLD PROPERTY FORMER OWNER , S VILLAGE ~,, r~ I~' W, COMM. CB. RECORD RE~.. SEAS. IMP. TOTAL FARM DATE REMARKS CARD DIST.I SUB. LOT ACR. TYPE OF BUILDING MICS. Mkt. Value AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable FRONTAGE ON WATER Woodland Meadowlo~d FRONTAGE ON ROAD DEPTH BULKHEAD DOCK C~ IIo~o~ , ]mo House Plot Total COLOR c~-, t.z_';-?.. TRIM M. Bldg. Extension Extension Extension Porch Breezeway Garage Patio Total Foundation Basement j Ext. Walls Fire Place ~Type Roof I I Recreation Room Bath Floors Interior Finish Heat Rooms Ist Floor Rooms 2nd Floor Driveway ? f~ Ii Dinette i kR. !DR. FIN. B OWNER FORMER OWNER TOWN OF SOUTHOLD PROPERTY RECORD RES. 2 /~) SEAS. STREET "/;,.~' VILLAGE /J. / ' ,K.) / .I , , .. I~;',, lcd, /~/.~,~. . -. ~ " ~.~ /~, , . A CARD IS..ST. SUB. LOT ACR. [ TYPE OF BUILDING VL. F/(RM COMM. CB. MICS. Mkt. Value IMP. TOTAL DATE REMARKS Ggoc., AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Tillable Woodland Meadowland House Plot Total Value Per Vclue Acre FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK TRIM M. Bldg. Extension Extension Extension Porch Garage ~'X3 / -- Patio ?oral IFoundation ~ ~ Basement [Ext. Wo,s Fire Place lath llnterior Finish Heat Type Roof Rooms 1st Floor ~,,~ Recreation__.__Room Rooms 2nd Floor Dormer )rivewoy I/?. iD nette !K. FIN. B TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET ~) ._~..~ VILLAGE DIST. SUB. LOT ' /?~ ACR. FO~EROWNER N j~ E ~ ~4~.~g · ~7 S / / W ~PE OF BUILDING R~.~/O S~S. VL FARM CO~. CB. MICS. Mkt. ~D IMP. TOTAL DATE RE~RKS ~GE BUILDING CONDITION N~ NOR~L BELOW ABOVE FARM Acre Value Per Value Acm Tillable FRONTAGE ON WATER // o q? 2~ ~ d / ~ ~ u W~land FRONTAGE ON ROAD /~ o ~eadowland DEPTH ~ ~ ~/ Hou~ PI~ BULKH~D Total ~' ~ ~ ~ ~K COLOR TRIM M. Bldg. /.q )' Porch Breezeway Garage_ Total I~X,o: /4 ~7Xi¢ : 17/ .; II ¢. /~ ' I,~R..,/ /4,',,, $¢= p'7~r //? Foundation Bosement i~t. Walls Fire Place B~th Floors Interior Finish Heat Rooms 1st Floor ~e Roof Recreation Room Rooms 2nd Floor Dormer Driveway TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET ,,J/9 ~ VILLAGE DIST. SUB. LOT ' . ~z (// RES.B/6 g S~S. VL FARM COMM. CB. MISC. Mkt. Value ~D IMP. TOTAL DATE REMARKS *G~ ~U,~O~N~ CO~OmON N~ NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable 3 / ~ ~ ~ Woodland Swampland FRONTAGE ON WATER /~ d / ' Brushland FRONTAGE ON ROAD ~ Hou's~ Plot DEPTH BULKH~D Totel DOCK Extension Extension Extension Porch Breezeway o) B. Total COLOR Basement Ext. Walls Fire Place Type Roof Recreotion Roort Dormer Driveway / Bath Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor :0 o ~ - ?s - ~- ~'~- TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET ~_~ ~c~ ~ VILLAGE DIST, SUB. LOT ~,~R OWNER,,. ..i...jl,/,,.,.~li~.j~ N.. ,.,. I E ACR. .~, ~"~,,~.~,~/J,/~,/- ~ S W TYPE OF BUILDING · '~ -,ND IMP. TOTAL DATE REMARKS ,(") ?, ~t' :'- ~AGE BUILDING CONDITION ~" / ~ ~-' ~ ~ V-~ o . .~b q~ N~ NOR~L BELOW ABOVE ~. '~ l~ '~Gr-. -' ~ ~' FA~ Acm Value Per V~lue '~ Till~bl~ FRONTAGE ON WA~R W~l~d FRONTAGE ON ROAD ~ DEPTH H~ PI~ ' BUSHED ~ ~ ~ T~l ~ ~ COLOR TRIM '~c '~ ~'~o,~.o ~O_.~o Pc Bath Dinette M. Blcrg.~,,,, !v,-, 2 2 ~ 2 ~ = ~ G~ ~ ~ ~{ ~ Foundation c. FULL ~t~i~n .~ t%A~= ~ ~1~- ~ Basement ~L~WL Floors Kit. Extension Ext. Walls Interior Finish L.R. Extension 2 ~ x~ ~ 7t ~7~ ~ ~ I~ ~ Fire Place Heat D.R. Patio 2 ~ ~ ~ Porch ~ X ~ ~ ~Z ,5"~ 3 ~ Dormer Fin. B. Deck ~ o ~ 5--c 2 ~ , ~ ~ Attic Breezeway ~ % ~ O ~ ~ ~ ~ { ~ t ~ Rooms 1st Floor Garage 2~ ~-~ ~ ~ ~ I~%- 7 (~ Driveway Rooms2ndFIoor THENCE n6rth 88 degrees ~ minutea ~O seconds east along the ~9~9. Panyotthe/irsti~"t. and~ JOHN FR~AS and LILLIAN M. FP~S, his wifo, as Senant~ by the en~lroty, both residing a~ 162 WaKstsZf Lano, Wost Islip, Now York, - - -~ - - - ~ - - TE~ ($10.00) .............. ; .t and valuable considoratic~, p~d a~ State of New York, bounded and describ ed as follows: ~21 F(0NN~NG E~CE so~th 15 de~oos ~ m~utos l0 s~onds wost alo~ ~CE Bout~ ~ do~oos ~1 m~utes east along the sou~hwosto~ly O~ cceldaito shall.~bo.l~d, constructed or eroctod only within five 1939. ~ l,l-1663 New York, " .......... rm~($1.o~o8) .................... aapri,. RECORDED JUN ~.0 I9~ @ M. NORTvIAN £. KLIPP Clerk of Suffolk County "Co nsideral than $100. CONSULT yOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. INDE]N~ ma4~e ) day of July . . and seventy-four, BE~N ~TIN L. EIS~N, residing a~ 82 Stony Run, New Rochelle, New York, ton less O0" as executor of the l~t ~11 and t~tament of LZLLZ~ ~. ~ , la~e of O~Zve$ ~ec&~ ~ou~h~oZ6~ ~uffolk ~oun~y, ~ew York who di~ on the ~9~h 'day of ~&y , nineteen hundred and party of the first part, and ~ C~ SC~t~Z and ~LDR~ SCHW~Z, his wife, both residing at Calves Neck, Southold, New York, ,party of the second part, · ]/ ' ~ .... '7 WITNESSETH, that the party of the first part. to whom letters testamentary were issued by the Surrogate's C.urt. Suffolk County, New York ou December 10, 1973 and by. virtue ~f iht power aud uthority give ~ ~ r and by said la.st will ' and testmnent, and/or by Article 1 l of the Estates ['owers and Trusts I.aw. and~ pl.l~sua, rlt to the devise made in said Will to the par~ies of the second part, and in consideration of TEN ($10.00) ......................... -dollars. pard by the party of the scx'ond part. does hereby grant and release uuto the party of tire second part. the distribu~ees or successors aml assigns of the part3- of the second forever, ,~1.I. that certain plot, piece or parcel of land, ~ ~_---~ _--_-. -_-_.-.: 2' situate. lying and being~}{~;~-=---"'~{ at 8outhoid, in the Town of Southold~ County of Suffolk. and State of New York, bounded and described as follows: BEGINNING at a point on the southwesterly side of a 50 foot private road known as You~lgs Road West, where the northeasterly corner of the premises to be described is intersected with the northwesterly corner of land now or formerly of A. L. Janson and which point of beginning is slightly west of the west side of Harper Road; RUNNING THENCE south 15 degrees 43 minutes 10 seconds west along the land of said A. L. Janson 249.'~7 feet to the ordinary high- water mark of Jockey Creek; THENCE northwesterly along said ordinary high water mark of Jockey Creek on a tie line bearing north 61 degrees 30 minutes west 150.0 feet; T~LENCE north 21 degrees 5g minutes 30 seconds east 257.96 feet to the southwesterly side of Youngs Road West; THENCE south 55 degrees 41 minutes east along the southwesterly side of Youngs Road West 125.0 feeo to the polnt or place of BEGINNING. TOGETHER with all the right, title and interest, if any, of the parties of the first par% in and to Jockey Creek in front of and abutting said premises. TOGETHER with a right of way (in co~mmon with others) over the afore- said 50 foot right of way from the southerly end of Youngs Avenue to the northwesterly corner of the premises herein described, said right of way including the right of way described in a certain Declaration recorded in Liber 3308, cp 75. \ TOGETHER with the right to the use, in com.mon with others, of all rights of way in the development. BEING the same premises which L. Barron Hill and Adelaide H. Hill, his wife, by deed dated December 3, 1960 recorded in the Office of the Clerk of Suffolk County, New York in Liber 4918, cp 29~ on ..... ~ ' ~ RECORDE[} I L£$TERU. aLB£RTSON ?"' December ?, 1960, granted and conveyed to John Fraas and Lillian M. Fraas, his wife, and the said John Fraas havind died and having been survived by his said wife, the decedent named herein. TOGETHER with certain rights and under and subject to certain· covenants, conditions, easeme~cs, restrictions and reservations, expressed or referred to in the aforesaid deed. ~ ,~ - ~7~ -' OF SOUTHOLD PR PERTY RECORD CARD 'OWNER ' STREET ~q.'~- / ,~ VILLAGE DIS'r, SUB. LOT E . ^C.R ! ,/ ~ ~_ ~ W , ~PE OF BUILDING R~.~ ~, S~S. ~ FA~ COMM. CB. MISC. Mkt. Value ~ND IMP. TOTAL DATE R~RKS N~ NOeL BELOW ' ABOVE FA~ Acre Velue Per Velue ~re W~land Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD H~ PI~ DE~H ' ~' ~ BULKH~ COLOR TRI~ M. Bldg. Extension Porch Porch Breezeway Gorage Patio Foundation Basement Floors Ext. Walls Fire Ploce R~ms ~st F~ ~ecreation R~m Rooms 2nd Flmr Dormer Driveway !/~-7o-¥-~ OF SOUTHOLD PROPERTY RECORD CARD /~-~,~ ~ OWNER STREE'r .,~ 2~ ~'~' VILLAGE DIST. SUB. LOT FOR~ER Y " 5 W ~PE Or BUILDING RES. S~S. VL. ~/~ FA~ COMM. CB. MISC. Mkt. Value ~ND IMP. TOTAL DATE REMARKS ~ ' AG~ BUILDING CONDITION N~ NO~L BELOW ABOVE ~A~ Aer~ ~alu~ ~e~ V~lu~ Tillable 2 ,' Till,,~ 3 Woodland Swampl~nd FRONTAGE ON WATER _ ~ ~' ~ .~_:~ Brushland FRONTAGE ON ROAD ~-' HouSe Plot DEPTH ~ ~ ~ BULKH~D Total DOCK Exten'~ionEXtl~'°n /,2. )(, ~',~ ,~%~,~ I(~)~ ~' / ~ ~t.BasementWalls ~// Fl~rSlnterior Finish Exten ,"~ ~ ,/ em ~, ¢ ~l O0 Fire Place / He~t Porch Attic /,2 ,' __ fizz ~// ¢-"~Z. ~[¥,~ Porch Rooms ]st Floor Breezeway / Patio Rooms 2nd Floor G~rage 2 ~X Z ~ ~ ~(%;, / ~ ~,,,__ Driveway O.B. ~~"~; RECORD CARD DISTRICT J SUB. ACk.GE I~ ~ TYPE Of BUILDING LOT · LAND J IMP. VL. TOTAL FAPJ~ DATE AGE BUILDING CONDITION NORMAL Acre NEW Fatal Tillable I Tillable 2 Tile __3 Wcodland Swampland Brushlanc~. House Plot BELow Value Per Acre COMM. IND. JCB. J MISC. ABOVE Value 7J Extension Fire Place ~luG~ Hea* .?~ ~ Breezeway ; Patio -~ (t,~, f~ ~ Rooms 2nd Flor /~o-?~_¢_y?TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER FORMER O ~WNEI~, W,'n,; l,r ,-~ RES. ~ / ..2/0 LAND SEAS. IMP. .3 / 0-.o AGE NEW NORMAL Acre VL. TOTAL FARM DATE /- ~¢- ql BUILDING CONDITION BELOW ABOVE VILLA/GE ._~,.Z,.7. ;~ ' E '~ W COMM. CB. MICS. Mkt. Value DI~ SUB. LOT TYPE OF BUILDING Value Per Value Acre REMARKS ~ A < Tillable FRONTAGE ON WATER /¥, ,~ ' Woodland FRONTAGE ON ROAD Meadowland House Plot Totol DEPTH BULKHEAD DOCK COLOR /,~ :", ,~ C, Porch n Porch Breezeway Garage Patio O~B. Total ~-~o Foundation Basement Wails J Fire Place ~ ,, ~/ Fype Roof JRecreation Room ~ath Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Driveway iDinette LR. DR. FIN. B /~- ?6-~/_~z? TOWN OF SOUTHOLD PROPERTY RECORD CARD ~,~ ~£ OWNER .... StREEt--./~'" -Z.~ WL~GE D~ST, SUB. 'LOt / FORMER OWNE'R . ~ N ' E ACR. I RES~/~ S~S. VL FARM CO~. CB. MICS. Mkt. Value ~ND IMP. TOTAL DATE RE~RKS AGE , BUILDING CONDITION N~ ~ORMAL BELOW ABOVE Ac re Tillable FRONTAGE ON WATER Wo~land FRONTAGE ON ROAD Meadowl~nd < DEPTH House Plot BULKH~D Total D~K COLOR TRIM Extension Fxtension Foundation ~ _~ Both Basement Floors Porch Ext. Walls Breezeway Fire Place Garage .~,e ~, ,~,-~r.~: ,_z ~, -, / ~ u ,~ · T~pe Roof O~ B. Total r ,~ .2 ~ Recreo_tion Room /~p JDormer CO~ID $~v~ Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Driveway petl-e LR. DR. BR. FIN. B ::: ~P /./.,/?TOWH OF SOUTHOLD PROPERTY RECORD C RD OWNER STRE~ /?~_~ V,L~G~ D,ST. SU,. LOT s w wp~ o~ BuI~:N~ RES. ~/~ 5~5. ~VL. FA~ COMM. CB. MISC. Mkt. Velue ~ND IMP. TOTAL DATE REMARKS~ ~;--~*f2-- ~ ~ ~>-~'~ / , AGE BUILDING CONDITION N~ NOR~L BELOW ABOVE FA~ Acre Volue Per Value Acre Tillable Tillable 2 Till~ 3 Woodland Swempl~nd FRONTAGE ON WATER Brushlend FRONTAGE ON ROAD Ho~se Plot DEPTH / __ ~ ~ BULKH~D ~. / Total DOCK M. Bldg. Extension Extension Porch Breezeway Garage ,z ~ ,( /s': Patio ,Total: 73'/ 33o COLOR TRIM ~oundation Basement Ext. Walls Fire Place Bath :loors Interior Finish Heat Type Roof Rooms 1st Floor Recreation Room Driveway Rooms 2nd Floo~ inette TOWN OF SOUTHOLD PROPERTY RECORD CARD ' OWNER ~... _ STREET / ?~ "/'.~ VILLAGE DIST. SUB. LOT .~ / FORMER OWNER N E ACR.o ~ c~ ~ I :ES. SEAS. VL .~// FARM CONGA. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS illable , FRONTAGE ON WATER ~occIland FRONTAGE ON ROAD ,eadowlm~l DEPTH ~,Jse P!~ BULKHEAD INDENTURF~ the day of July , nineteen hundred and seventy six BETWEEN GEORGE AHLERS. residing at 250 Cox Lane, Cutchogue, New York 119~5 and BARBARA REYNOLDS ,formerly known as BARBARA RUBIN, ~ residing at (no number) RFD Barnet, Vermont '05821 ~: party of the first part, and ELAINE BENSON, residing at (no numbe~) West Hill Road, g'buthold, New York, ,7.'Z · ,, paEty of the second part, ' / 5 ~ ~ WITNESSE, TH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, , A L that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, hlying and being in the TOWN OF SOUTHOLD,County of Suffolk and State of New York, 'designated as Lot 1 on Map entitled, "Map of Calves Neck". and filed .in the Suffolk Coumty Clez-k? s Office-on Febz~ary 15, 1972 as Map :Number 5673. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD thc premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or ~uffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law~ covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of thc cost· of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this ind~ture so requires. IN. W1'!~I£$$ WHF.,REOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: ,.3 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY BETWEF..N , nineteen hundred and SEVENTY-TWO GEORGE AHLERS residing at (no number) Cox Neck Road, ~ Cutchogue, Suffolk County, New York, and BARBARA REYNOLDS formerly BARBARA RUBIN, residing at (no number) North Road, Greenport, Suffolk County, New york, party el the first part. and ~ AGNOR BENSON and ELAINE BENS0~, his wife, both residing at 120 Hampton Boulevard, Massapeuqa, New york, as tenants in common eachown'~g a one half interest. party of the second part, WITNE.~£TI-I, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, $I.I. that certain plot, piece or parcel of land, ............... ~,~.-"t~F*o~*~ situate, lying andbeing in'~he town of fiouthold, County of Suffolk, and State of New York, known and designated as Lot No. 2 on a certain map entitled, "Map of calves Neck" and filed in the office of the Clerk of the County of Suffolk on February 15, 1972, as Map No. 5673. TOGETHER with all right, title and interest, if any, of the party of the first part in and to auy streets and roads abutting the above described premises to the center lines thereof; TOGETHER whh the appurteoances and all the estate and rights of the party of the first part in and to said prenfises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the firs{ part has not done or suffered anything whereby thc said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of {he first part will receive the considerati6n for this conveyance and will hold the right to receive such consid- eration as a trust qnnd to he applied first for the purpose of paying the cost of the improvement and xvill apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if itread part-'es whenever' the sense of this iudenture so requires. IN wrrNF_.SS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: -~' ' '~ ' '- ' BARBARA RUBIN ~10 ,o 0 0 OWNER STREET /'~ ~,~)' VILLAGE RES. S~S. VL ~/~ FAR~ COMM. AGE BUILDING CONDITION NEW NOeL BELOW ABOVE FRONTAGE ON WATER Farm Acre Value Per Ac~e Value FRONTAGE ON ROAD Tillable 1 BULKH~D 2 DOCK Tillable 3 Woodland Swampland Brushland House Plot Total OF $OUTHOLD P~OPERTY RECORD CARD DISTRICT SUB. LOT ACREAGE TYPE OF BUILDiN(~ CB. J MISC. Est. Mkt. Value TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT FORMER OWNERv ' ~ ~N E ./ S W .- TYPE oF BUILDING RES. ~/O SEAS. VL. , FAR/~' COM~4~. CB.' MIC.~. Mkt. Value ,,' ~ND IMP. TOTAL ~ DATE REMARKS ~6E BUILDING 60NDITION N~ NORMAL BELOW ABOVE FA~ Acre Value Per V~lue Acre ~" Tillable FRONTAGE ON WATER I ~ ~ X 2~ ~ ~ ~ ~ W~land FRONTAGE ON ROAD / ~ ~ Mead~land DEPTH ' ' H~ PI~ . ~: : _~,_, BULKH~D ~ Total . -~ . ~,: ;-' '.: · : :; :COLOR M. Bldg. Extension Extension Extension Porch Breezeway Garage Total 30 Foundation Basement jEXt. Walls ~t Fire Place iType Roof r Recrea_fion Room Dormer Bath Floors nterior Finish Heat '" Rooms 1st Floor Rooms 2nd Floor Driveway Dinette j K. DR. BR. FIN. B . OWNER TOWN OF SOUTHOLD PROPERTY RECORD CARD STREET VILLAGE SUB. LOT ER ' S ~ W : ' TYPE OF BUILDING SEAS. VL. FARM BUILDING CONDITION NORMAL BELOW ABOVE FARM Acre Value Per. T~'~alue Acre illable FRC ~oodland . FRC eaduwland DFP ~use Plot · , .: '; BUL COMM. CB. REMARKS FRONTAGE ON WATER 3E ON ROAD ~,D MICS. Mkt. Value COLOR ¢,¢}~ ~e_~ TRIM ~tension ~ Foundation ¢ ~ . Bath ~ Dinette P~ /~/¢ : /~ ~ ~ ' /~7~ ,Basement ~¢&~ Floors ~ Porch ~'~ / , -z ~-~ Z J Ext. Walls ~¢ ~?A'~ Interior Finish ~c ~¢ LR. Breezewag' >-// ~ : ?~ .~ , ,. / ¢~, ¢ ~ lFire Place ~ ~ Heat ~l~ ~, ~ DR. , Garage ~_ ~ ~/ / / Rooms Ist Floor BR. /~'~ 2~: ~ ~ ~ Type Roof Patio ii ~ I~ q I 7 ~ ~ ~ D~ Recreation Room Rooms 2nd Floor FIN. B . ~. B. ~. 5~e~. d~x Dormer '~'~2~/¢ Driveway TOWN OF SOUTHOLD PROPERTY_ ..RECORD CARD OWNER ·. STREET VILLAGE DIST. SUB. LOT :~ . ~,/ · S W ~PE OF BUILDING RES.~¢/~0 S~S. VL. FARM, CO~. CB. MICS. Mkt. ~ND IMP. TOTAL ; DATE R~RKS ~GE BUILDING CONDITION N~ NORMAL BELOW ABOVE FA~ Acre Velue Per V~lue Acre ~ ~'' W~lond FRONTAGE ON ROAD ~ .' /~ Meadowlond DEPTH House Plot ~ ' BULKH~D COLOR e. TRIM P Basement ~ d b D Fl~rs O ~ ~ K. Po~h ~. Walls ~/ ~, r~ ~ Interior Finish Garage ~' ~ ~ ,; ~ · y ~ ~ /~¢' ~ ~, Type Roof Rooms 1st Flor ' BR. Patio Recreation Room Rooms 2nd Floor FIN. O.B. Dormer Driveway OWNER TOWN FORMER OWNER / (RES.-~-/O s~s. VL, ',ID IMP. TOTAL: zlL:z.Oo NEW FARM Tillable House Plot Total ~000 NORMAL Ac re OF $OUTHOLD PROPERTY RECORD CARD STREET . j VILLAGE TYPE OF BUILDING FARM COMM. CB. MICS. Mkt. Value REMARKS L. 2- DATE BUILDING CONDITION FRONTAGE ON WATER BELOW ABOVE Value SUB. LOT ~' Woodland FRONTAGE ON ROAD Meodowland DEPTH BULKHF~D Value Per Acre DOCK COLOR TRIM Bldg. ,~ ~K ~ ~ ': ~(~ ~'"~ Foundation C~ Bath Dinette xtension /-{- R ~ : ~O (~ q [~ ~0~ ~ Basement CRAWL Floors 0 A~ ~ Kit. SLAB Xtension ~ ~ I~, = ~O Ext. Walls ~ ~ C~¢ Interior Finish ER. ~ension Fire Place ~ Heat 0 ~[ ~ D.R. ~tio Woodstov~ BR. Orch ~ ~ ~ ~ ~ Dormer Fin. B. ~r~ay Rooms 1st Floor ~ LC- ~ ~ ~age Z ~ ~Z q~ ~ I ~ ~ Driveway Rooms 2nd Floor ~ ~'~ /L~ D,B. TouJ~ ~ ZOO ,/~ c~,~_ ~£-. 7-~ t.~OWN OF SOUTHOLD PROPERTY RECORD CARD /~- )-- ~'.~ OWNER STREET VILLAGE DIST.!SUB. d~_~J ~ I<'~ k ~ F4~ I mc, ~, . '~ I '-' S~S. VL / F~RM CO~. CB. MICS. Mkt. Value ~ND IMP. TOTAL DATE R~RKS ~GE BUILDING CONDITION N~ NOR~L BELOW ABOVE FARM Acre Value Per Value Acre ' ' ' Tillable FRONTAGE ON WATER /7~ ~ ~ ~ ~ ~ ~ W~land FRONTAGE ON ROAD Mead~land DEPTH House Plot BULKH~D Total DOCK COLOR TRIM' bo t~ ~ M. Bldg. Extension Extension Extension · ~ ~' - Bath Floors Porch Breezeway (~arage Patio O.B. Total Foundation Basement Ext. Walls Fire Place · , -" Type Roof Recreation Room Dormer Interior Finish Heat '" Rooms Ist Floor Rooms 2nd Floor Driveway Dinette K. LR. DR. BR. FIN. B I~.~_/~$-7~ ..a~ TOWN OF SOUTHOLD PROPERTY RECORD CARD //_~ OWNER STREET VI LLAGE DIST, SUB. LOT -- W ~PE~F BUILDING RES. ~ S~S VL . ~ - ,. FAR~ CO~. CB. MICS. [ ~kt. ~ND IMP. TOTAL ~ DATE RE~RKS t~iAG E BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD COLOR M. Bldg. Extension Extension Extension Porch Breezeway Garage Patio O.B. Total /o Foundation Basement Ext. Walls Fire Place iType Roof Recreation Room jDormer I / Bath Floors Interior Finish Heat Rooms ]st Floor Rooms 2nd Floor Driveway inette /LR. DR. BR.' /~a__~.. ?__,~ TOWN OF SOUTHOLD P~OPERTY RECORD CARD ~ TYPE OF BUILDING 0 S~S. VL FARM ~ CO~ CB. MICS, Mkt. Value IMP. TOTAL DATE R~RKS ~GE BUILDING CONDITION N~ NOeL BELOW ABOVE FA~ Acre Value Per Value Acre Tillable FRONTAGE ON WATER /~/ ~ ~ ~ 3 ~ W~land FRONTAGE ON ROAD /~ ~, Mead~l~d DEPTH House Plot BULKH~D COLOR M. Bldg. Extension Extension Extension Porch Porch garag~e' ' T Patio Oo S. Total Foundation ~ ~, Bath ~, Floors Basement · EXt. Walls Fire Place Type Roof Recreation Room Dormer Interior Finish Heat Ol ~ Rooms 1st Floor Rooms 2nd Floor Driveway FIN. B TOWN OF SOUTHOLD PROPERTY RECORD CARD M-~,~ OWNER STREET VILLAGE DIST. SUB. LOT FORMER OWNER RES~/~ 5~S. VL FARM COMM. CB. MICS. Mkt. Value ~i4D IMP. TOTAL DATE RE~RKS '" ~GE BUILDING CONDITION N~ NORMAL BELOW ABOVE FA~ Acre Volue Per' Value Acre · Tillable FRONTAGE ON WATER W~land FRONTAGE ON ROAD , Meodowland DEPTH House Plot BULKH~D ~ ~. D~K ' t E~tension Extension Porch Porch Breezeway Garage Patio O, Bo Total COLOR Foundation Basement Ext. Walls ire Place Type Roof Recreation Room Dormer TRIM Bath Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Driveway Dinette FIN. B 3£ctde the Fifty-six IEv]LEN WICK}Uk~I, residing at Cutchoguc, S~ff'folk New York, at Youngs PHILIP F, k ~-~e, Southold, ;jar! y of lhe Ih'st` imrl, and BET% and ETHEL It. tEl'Z, his wife, Suffolk County, I.Icw York, t~s % en~ts the entirety, par~ies o/~he sccond :~j~.Ten and 00/100 ............. . ~" ....... ~d b~ ~h,e a,r~ies of ~h~ second ~ aluaole con s:ld.e~ ~ti~,~ P Y P do es I~er~b/I ?'(~ng and release ~eteto ~b,e parg y of the second parg, the sur- distribu tees river, his or her_/~ ~s~s ~o~su~r, ~ that certain plot, piece or parcel of la~Ld, situate~ lying and being at Southold, in the To~n of Southold, County of S~folk ~d State of New York, bounded and des- oribed ss fr ]lows: ~u!~L~I.(: at a ooint marked by a concrete monument set on the northeaste~l[, line of a right of way 16.5 feet in width at the southcr- ly co~_ner oF tho premises herein described (which point is the westerly co,er o.[' oL..~er land of the parties of the second part); rum~ing ther~ce ~ a northv:~:r'~;crly direction along %he said nor~:heasterly line of ssid right of way, Il. 53° 2V' 10" W. a distence of 125.47 feet to a point ~a~Jfod by r~. cr.~t)Ol'OtO mo~lInoDg and. 12~d of ~ H. llaas; rum~ing theno,~ in a nortlu3'~r. Lcrly direction along said. land of Haas, N. 24° 08' 3o" ~s. a distance ~:J' 188 feet, more or less, to ordinary hi'ih vml;er llne Toy, ii Crock; r.nning thence In a southeasterly dl~.~etlo~ along lass, I;o ot, h,:r l~nd of thc parties of the second part; rtuming the ~oCcx~c~i ::~.['t, 5. 31° 03~ 40" W. a disOance of 190 feet, ~r.ore 'loss, to t]i~ ~o ,It placo oi' boglr~llng. 'I'OGEi'IIEE w I;h tho right to tho use, (in co.ul~n ',*:Jt;h otll('i,~),'" oJ' n right of way for ingress and egress to and from the above described premises to Youn:~~, /~vonue over the aforesaid rid. hr of wa.y 16~ feet in width, the easterly and northeasterly lines of which are described as follows: BEGINNING at the southeasterly corner of the premises above des- cribed and r~unnJn~" thence the following 'seven courses a~d distances to the southerly lln,~ of Youngs Avenue, viz: (1) N. 53° 2V' 10" ~. 149.22 feet; (2) N. ,$9~ 01' 20" W. 161.40 feet; (3) N. 74° 21' 20" W. 500.0O feet; (5) N. 1~'.° 11' 20" W. 172.10 feet; (6) N. 55° 00' W. 255.0 feet; (7) N. 40~ 00' W. 96.0 'feet to the southerly line of Youngs ~ventle. TOGETHER with all the right, party of the flr~i, part in and to highwator mark of Town Creek in front of and abutting sale] premises to the center line thereof. BEING AND I~]TENDED TO BE the same premises conveyed, by L. Barren Hill and Adelaide !I. Hill, his wife, to Helen Wickham, by deed dated September 30, 1955 and recorded in Suffolk Cotuaty Clerk's Office on October 19, 1955 in Liber 3997 of Deeds, Pal~.e 172, and SUBJECT to the reservations affecting said right of way, and SU[~JECT to the covenants restrictions, a[?oements, and reservations affecting s~id premises. title and interest, if any, of tho the waters m~d land under water belov,' par~y of U~c /irs~ pa~'t ~ a~ ~o sa~ premises, o~ ~l/c .s'ccotzd pu~'l, the survivor, his or her d~tribub~s ~n~ a,~si~n,s ~o/'cvcr. or a't~/]'e,'cd~ rtn!/thin_~r w~y wh. alevvr. of the first part covena~t tlw~t she 1~ not done whereby the saig pren~ises have bee~ b~c~mbcrett i~ any Ih.t, in (o,t phance with Sec. 13 of the Lie,t. Law. the firantor u..ill receive the considcrulion /'or this conveyance and will hold lhe riSU~t lo rereire sa, ch consideralion ..~, ,~ Irust /'t~nd to be applied first £o~ the purpose of pa!linf the cost of the i/nprovenz(,nt and will apply the san;e first lo lite pa!/menl o/the cost u/thc iotprov(;ntcvl br/brc using any part of the total o£ the san&e£orany otherpvrpose. l~ere~t~lo ,','e! ][~t ~.'qre.-;t'm't' 01' tlm part7 of the lb'st part ha, s and seal tlw a~y an(g year first above written. On, this ?iffy-six 0 t' . \"in eh'rn, .l£undred ),vwona ll!/ a.ppeared aek.~totvlc(tffed Io t~e lha, l site / William Wickham Notary ~ublic, State of New YoPk No.- 5~:~259ooo qual~led in Su~oZk Coun~ RECORDED AUG 2 (} 1956 do,'/.. ~ILLIA~ 14. FRY Made the and fifty -one n enture, day o£ June, nineteen hundred L. BA~d;,ON HILL and ADELAIDE H. HILL, his wife, resldlnr~ at Southold, the Tom~ of $.Juthold, County of Suf£olk and State of Now York, part los of the first part, and PHILIP F. BEfZ and ETHEL H. BETZ, his wife, both rosldlog at ~5 Sterling Place, Brooklyn, Kings County, New York, as tenants by the entirety, part les of the second part, litn£ etO, that the part les Of the first part, in consideration of - - ($1o) ......................... TEN · ' ............................ '- .......... Dollars, law[ulmoney of the United States, and other good and Valuable consideration, paid by the parties of the second part do hereby grant and release unto the part los of the second part, their, heirs and assigns forever, that certaln piece or parcel of land situate, lying end being at Southold, In tho Town of Southold, County of Suffolk and State of New York, more particularly bounded ~nd, described as follows:- BEGINNING at a concrete monument sot in the northeasterly line o£ a right o[' way 15.5 feet wide et the soucheastet,ly corner of the premises herein described, said point of beginning beln~ t'lxod as follows: CO~NCING at the Intersection of the northeaster,iT line of s~d right o£ ~y with ti~e southerly extranlty of Youngs Avenue at a point distant ~ feet northeasterly measured along the southerly excr~ity of said Avenue from a ~n~ent at the southv;esterly tr~lty of s~d Av~me; ~nnlng thence along the northeasterly line of s~d right of the following seven courses and dist~ces: (1) ~uth ~ degrees East 96 feet, (~) South 55 de~ees East ~55 feet, {3) South 16 de~ees 11 ~nutes ~ seconds East 1Ts.lO feet, (4) ~uth 74 degrees 21 minutes ~ s~mds East ~0 feet, (5) ~uth 59 degree 1 minute 80 seconds East 161.40 feet, {6) SOuth 53 degrees ~7 m~utes 10 seconds East 178.23 ~d {7) South 47 degrees 08 minutes 10 seconds East 96.47 feet to the point or plnce o£ beginning; ~d from said point of beginning thence r~nlng North 47 degt,ees 08 m~utes 10 sec'ends West alo~; ~he northeasterly line of s~d right of way 96.47 feet; thence con- tlnulng along said northeasterly line of s~d rlght of ~y North 53 degrees 8V ~nutes ~n Hlll~ Nor¢i~ 31 deEro~ O~ m~u~0~ 40 ~o~ond~ g[~ 190 t'oe~ ~o u point In tl~o orcl- i~l'y high water llno of Tom~ Onaek] th~m~ l'u~in~ uoutho~s~erly along the ordinary hi~ vg:er line of Tov~ Creek 1~ feet~ mr~ o~ less, to a ~ln¢ which is ~Dtel'soeted by from tho ~ermlnus of the last mntloned course; thence running; alon~ other land o' Barren }1111~ South 3~ degrees ~ mlnueo~ 10 ~oconds WOs~ 195 reee ~o the conre~ · ~n~ ~,~ In ~he not'th~a~toel~ ll~ o~ ~ltl ~l~h~ el' wa~ at I~he l~ol.h or ~1~ glnnlnE. tho ri&ilL ~,u 14,1 v ~6e to ~Ko reasonable changes ~d alterations In the course ~d tho buy or cr~K v, hlcl~ they ~ntlnu~ to o~, o~ch owner of sul'fuc0 fei' Lhu ol'dinuP~ pUP~Ses Of travel In the bed thereof ~sof~ aB the s~e lies h~. Vii4G to th~ p~tles of the flrsr nominees or licensees, the right ~d privilege to enter upon ePlbed and lay, con~;t~,uct, erect ~d ~lntaln thsP~ln gas ~las, Calco]one ap 81e~trl~ light poles, wipes or conduits, with all ordinary appurtennnces mid fittings; provided, however, that sewers, pip~s, mains, poles or ~n- dults shell be lalu~ ~onst~eted aP erected only within five (5) feet of the rlgh~ of ~:ay line of the said pPop~ In ~ch lnst~c~. ~4D this conv~ytmc~ ls ~d8 subject to th~ following coverture, restrictions, 1. That said prtu~l::es ~]all be used exclusively for Pesldantial purposes only. 2. '£nut thc con$ti%lct:ons and erection of buildings on the premlssa Is limited to one ons-fbuully residence only of conventional t~s ~ cost not less than $4,~0.; on8 private ~ ~Cls~ha~ ~'~ ~.constructed or erected In C~nectlon w~th th~' gs~, one ~ r ~ · S,' No bulldln~ of achy kind or attachment thereto hedge or fence shall be , lexcept that one bout i~oese ~d one bath house ~y be Constructed ~ the beach either of which shall no~ exceed twelve (12) ~et In height above mean high ~tor m~k. in ces~poolo o~ In ~ep, tlc tanks ~d no ~tslde toilets shall be erected aP ~lntalne . ~ ~.~ Ho se¢,ua= or ~'=luse of a~ kind shall b~ nermltt~ to e--* .......... d ~1n i'ron~ of the above described ~remlses ~ee ~d s~e therefore ~d free ~om other ~ 8. No horses, cows, cattle, Easts, hogs, poultPy or ~cks shall be kept aP ralsed on ~,sald Frei~ll~es nap shall ~y use be made of seld pPel~ses, which is offensive, unsl~tly~ iuIihealthy o~, tcndl . LO d~llug~ in any m~neP the adJoln~g ploperty of to ~stuPb the i[)OUCG 0[' the in]lbo/t~ht5 0[' ~he neighborhood. AT1 or uhy o~' ihs above covenants ~d ~estPict~ons ~ be modified, alte~ ap .annulled as ~o unu pre,rises described herein aP as to any other nel~borinE property now '.aP fo~'~ePly o%,neu by the parties o~ th~ ['lPst p~t at any time by wPlgten agPeement by ~bot~,O~n ~he ~P[.nuol.s, L'h~IP dlstPlbuteas aP assigns, ~d then o~eP fop the glme being ,the pPemlses upon v, hh:h 1[ ls agreed to Smend~ alter ap annul such eoven~ts ~d Pestplct- ~lons ~nd bach a~l'oeiil~nE shall be eff~tual to mo~fy~ ~teP aP annul ~eh restrictions ire s~d premises %',lthoug the co~se~t of the owner aP or. eps of 8ny adjacent pre. lees aP ~ny othe~ ]elEhboP]nK premises, now aP foPm~ly o~ed by ghe paPgles of the flPst p~t, ,ol any other par~y or real-,gasEse hol~nE any Interest In the said premises. Tho foPe~oln~ covenants and restrictions shall he deemed Peal eo~n~ts ~ng he land and be blnciln(~ upon the s~ecessoPs~ assigns, dlstPlbutees, legfl PepPesentatives, ~xeeutops, or a~nlnls~rugoPs o[' the re.active p~tles hereto ~tll the first d~y of J~uaPy, 1980, %,,'hen ih%, shell geese ~d terminate. Permission is impuby gl'~lited by the parties of the first p~t to utilize a portion fac any residence cons~.uctud on s~d pPemlses Cop the pP~etlee of dentistry, provided, )however, ~ha~ noL:hlnM horeln contained shall be constPu$~ as mltePlng ap modlfyl~ In ~ny w~ tnt provlslons of s~ld PestPletions,l~tlng the const~etlon ~d cPeC't]On of bulldlng~ to chose Ut: cl.lbed In p~PagPaph Z) of sald restrictions. ~Og£l[JfI' with th~ Jplmltanances and ail the estate and rights of the pale les of the first part in and to said premises. ~0 ~)fl~ll~ llll~ [0 [JOlb tile premises herein granted unto the part les of the second part, their heirs and assigns forever. · ~11~ tbesaidpart los of tho first part covet~ant J~ir~[.--Th:it the i~t les o£ the first part and ha ye good right to cot*roy the san~e, as follows: seized of the said premiscs in [ce sin~ple, ~£['011~1. --Th;*t thc partle~ o[ the second part shall quietly c~foy the sald p~cmiscs; ~[)irb.--'~?,at the s:~/d premises are [roe [rom incu~nbranccs; ~Otlt'[lJ.~That thc p;~rtle~ o[ the first part will execute or procure a~y further necessary assur~ ance of the title to said p~cmL,;es; ~[[]J. --That the part leso[ the ~rst part will [orcvcr warra~t ~he zitle ~o said pren~ises. ~X[[J. ~That thc ~:r:~ntor, in con~pllance with Section 13 of the Lie~ La~v, covena~ts that the grantor will reccivc thc co~hleration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be ;~pplied first [or the purpose of paying the cost o[ the in~provcment and that the grantor will apply ~hc ~same ~rst to the payn~ent of the cost of the in~proven~e~t before using any part of the total o[ the sumc [o~ auy other purpose. lI' itll£g [Dcrco[, t~o part ~es o£ the first part ha ve l~and~ and seal~ the day ;md year first above written. hereunto set thelp June ~ nlnotoon hundrod and l~[ty -oil ADkLAIDE H. ltIhL, his wife, to n~e kuown a~d l~owu to ~e to be the individualS described in, and who executcd, the foregoing ,~;tt~lttlet~t~ a~ld acAnowlcd~cd to ,ne that ~ hey executed the same. RECOF',DED PI. ffglllJ I IlJ(.ll II~'O tho ¢I.~¥ o~ ~,tntt et' t ~.~ On the cia}, of nineteen hundred nnd fifty before me came the subscribing witness to the foregoing instrument, with whom 1 am personally acquainted, who, being by me' duly sworn, did depose and say that he resMes in tb3t he knows to be the individual described in, and who executed the foregoing instrument; that he, said subscribing witness, was present, and saw execute the same; antl t/tat he, said witness, at the same time subscribed h name as witness thereto. PAC-1372 VARIANCE STATE OF NEW YORK) SS COUNTY OF SUFFOLK) JEANNE ANSTETT, That she resides at over the age of 21 PECONIC ABSTRACT, examined to the SEARCH BEING DULY sworn deposes and says: 386 Marcy Avenue, Rlverhead, New York and is years, and that she is the Office Manager of INC. and that under her direction title was parcels of lands described on the annexed schedule, as to Parcels A, B,C AND D. That said examination made to include 07/26/91, and said town to disclose if subject premises is ia fact single and separate ownership as appears from the Chains of Title annexed hereto and that the effective date of the applicable Zoning Ordinance is 01/01/77. And that this affidavit is made to assist the Board of Zoning Appeals of the Town of SOUTHOLD and to reach any determination which requires as s basis therfore the information set forth herein and knowing full well that said Board will rely upon the truth thereof. PECqNIC ABSTRACT, INC. /JEANNE ANSTETT ~OFFICE MANAGER SWO. RN,~O BEFORE-ME THIS 27TH'DAY OF AUGUST, 1991 NOTARY PUBLIC ,' RI~ARD ~AN~GH ~a~y P~I~ ~tate o~ Ney, Y~ No 52.3775950 ~u.~l~ SHBJECT PREMISES: 1000 - 063.00 - 07.00 - 034.000 & 035.000 Helen Wickham to Phillip F. Betz and E£hel H. Betz Liber 4164 cp 49 Dated 7/28/56 Recorded 8/20/56 L. Barron Hill and Adelaide H. Hill, his wife EO Phillip F. Betz sad E~hel H. Betz, his wife Liber 3226 cp 230 Dated 6/9/51 Recorded 6/12/51 Phillip F. Betz died 3/12/67 No. 379P1967 Ethel H. Betz as surviving tenant by the entirety LAST DEED OF RECORD ADJACENT WEST: 1000 - 063.00 - 07.00 - 033.000 Max H. Haas and Liber 4841 cp 270 Jeannet£e Haas, his wife Dated 7/12/60 to Recorded 7/14/60 Marsaret H. Bjerknee and Clara Bjerknes, aa joint tenants LAST DEED OF RECORD ECO~IC ABSTRACT, INC. ADJACENT NORTH BY ADJACENT SOUTH BY TOWN CREEK CALVES NECK ROAD ADJACENT EAST: 1000 - 063.00 - C.J. Van Bourgondien, Inc. go Philip Van Bourgondien and Kachryn Van Bourgondien 07.00 - 036.000 Llber 8101 cp 406 Dated 8/16/76 Recorded 9/9/76 LAST DEED OF RECORD ~ECO~IC ABSTRACT~ ,,INC. ,By jEANNE ANSTETT "OFFICE MANAGER 3 n enture, Made the 7 ~ da), of Juno, nineteen hundred and fi[ty -one,, ~g[~gl[ L, BW.C~ON HILL and AD~IDE H. HII,I., hls wlfo, resldlng at Southold, In Cho To~ of Soutl/old, Co~Cy of Suffolk ~d State of }Jer~ York, part les o£ the first part, and PHILIP F. B._ItI_~ ~uld ETHEL H. B~TZ, his v;lfo, boch rosldl~ at 225 Sterling Place, DPooklyn, KI~ County, NOw Yorks as tenants by the entlreCys part les o[ the second part, ........................... ($zo.) .......................... . .............. Do//ars, lawful money of the United States, ~d other good ~d valuable consideration, paid by the par/les o/the second part do hereby grant ami release unto the part los o[ the seco.d part, Choir helps and assig.s lo,ever. ~ ~haC certain piece or p~cel of l~d sl~uates lylng and bel~ at Southold, the To~n of Sou~hold, County o~ Suffolk ~ S~ate of Ne~ York, ~mre P~'t~eularly bounded ~d, dezcrlbed a~ follo~vs:- ~6INNIN6 at a eoncpece monument se~ In the northeasterly llne of a rlgh~ of 16.5 foeC ~ldo a~ the souchoasterly eopnee of the premlses hereln described, of beElnnlng being fixed as follows: CO~I~CIH6 a: the lnCerseeClon of the northeasterly llae of s~d right southerly extra, lcy o[' Yo~]gs Avenue at a point distant 40 feet northeascerly measured along ~he southerly excr~,lCy of sald Avenue from a ~n~ent at the sou~hv~esterly ~r~lty of s~d Avuu~o; ~nnlns thence along the northeasterly line of s~d the follo,;h~g seven courses and dls~ce~: (1) ~uth ~ degrees Ras~ 96 feets (~) South 55 do~eos East ~fifi fee~, (5) South 16 de~ees ll ~nu~es ~ seconds Eas~ 17Z.lO (4) ~uth 74 degrees ~1 mlnute~ ~ set.ds East ~0 feet~ (5) ~u~h 69 deer.s ZO so~onds East 161.~o fee~, (6) SOUth ~3 degrees Z7 minutes 10 seconds ~ast 178.~3 ~d (7) Sou~h 47 dezrees 08 m~nu~es 10 seconds ~ast 96,47 foo~ Co ghe poln~ or ph~eo et' beglnnlnz; ~d from snld point of beElnnln6 thence r~nlns North 47 degrees 08 m~uCes 10 sec'ends Wes~ alert: ~he northeasterly llne oF s~d rlgh~ of ~ay 96.47 feet; thence con- ~lnulnz ~lon5 said northeasterly l~ne of s~d e~gh~ of ~y North tis de~reos ~7 ~nutes ~P~n Hlll~ North Jl deEr~ou O~ Ln~UCOU 40 uo~ond~ East 190 i'eut Co a point In tho oral- high v~tor line of Tovtl Creek 1~ i'oet~ ~r6 oD 1088, to a i~lnc wh,lch la Intel'sooted by a ~t~ line tmvir,~ a lounrin~ el' Go~EI~ bldegi.eoa ~8 mh]ukoa bO aeuonda ~t,.~ lr, o.la fork fPo~ Clio Cel'ialll~s 0[' Clio las~ ~llClo~o~ oo~PBo~ tho/ice Puntlln~ ale:if ocher land of L, Barren ]llll~ South 38 OogI,Oea ~ minutes 10 ~OcOnds float 195 foot Co the eonreto n~nu- gl nnlng. · lde J'igllt [lid ~ou[l,uu~l~ corneP of ~he p~e~soa herelnabove deB~lbed co the ~ou~JiePt.- ~hu buy or crc,:k v. hh:h they ~lltlauo go o~, each ovlneP of propa,~ .abutgln~ 5ur~mco for []lu ol'dltz~r~ put,sas of ~Pevel in tile bed thereof ~so~ aa the s~e lies In l~onc si' ht~ ox, LLOlr propo~t~. EXCEP'rIIIG Ai~D I~.IWINd to the p~tles of the first par~, their dlst~lbutees,asslgns, nomlnoeo or llcon~uo~, the rlght ~d privilege to ente~ upon ~l]e p~op~ty hero~ des- c~lbed ~nd lay, conntruct, e~ect ~d ~lntaln thereln oP theban sewe~ plpOB~ WO~OP gOa ~lns, ~clcphou~. or electric llght poles, wlre~ op cond~lts~ ~ilth all or~a~y ~Ppurtenuuccu ~d fl~lng~; prOVided, however, that sewers, pipes, mo~ns, poles or dults Simll be laid, const~cted o~ erected only wlthln five (5) fect o~ tho rlght ~..ay line o~ the said prop~ In each lnst~ce.  ~lD till~ Convcy~d~cc Is ~de subject to the following coven~ts, ~est~lctlon8> J 1, That Sold Pr~)~:es ~l~ll be us~ exclusively fo~ residential purposes only. S. ~at ti~c cou~t~ctlons ~d erection sC buildings on tho P~lses ls ll~ted to one J one-C~ully ~eslduncu only o~ conventional t~e ~ [lllalll~ Of u'y kind o~ attachment tloreto hedge ov fence shall be ~nstructed lot erected on cbs premises wlth~ t~ty feet of the top of the slope of the beach bank, JeXCept that one boat i~ouse ~d one beth house ~y be constructed ~ the beach either of which sha~) nsc exceed twelve {1~) ~et In hel¢h~ above mean hlgh ~ter m~k. 4. All se;~¢e ar]slue from the use ~d OCcupancy of the pre~ses shall be disposed of In cesspools or in sep¢lc tanks ~d no outside toilets shall be e~ected se ~lnta~ed. 5, No se¢.a~ or z'~'a~e of a~ kind shall be pe~mltt~ to eapty 1rte the ad,Scent ~ter in lTon~ o[' Q~o shove described ~remises ~ee ~d s~e chere~om ~d free ~om other dears. 6. No horses, cow~, cattle, ~oats, hobs, poultry or ~cks shall be kept or raised on ~8ld JJP~IAIIsc~ llor ~HL~]] ~ly ~S8 be made of said prmi~ses, which ls offensive, unsl~tly~ iunhealghl or ~endln~, [o d~lug~ In an~ m~inep the adJoln~g pi~pei.gy oP to ~stupb ~he Ipeuce of U~u lHliuul[a~.~s o[' [he n~l~hboPhood. u I ~c: hove venants ~d restrictions ~ be modified, al~er~ op ~' 1 .... ~l~es described hepeln o~ as to any othe~ ' nel~boplng pPopept~ now .or for~ac~.ly owneU by ~ho paPtle~ of tho [*lP~t p~t aC any time by wPlgten agreement by ~e~v. ecn Cbc, ~rauco~.=, chelp dlsgPlbugees op asslgne~ ~d then o~ep ~op the t/me being ;thc premlse~ upon which 1~ 1~ agreed go amend, altez, op annul such covenants ~d ~lons [,nd such ugr~emoh~ shall be effectual to mo~fy, alter se annul such restrictions its s~d p~'emises wl~l~oug the consent of the O~neP op ewers of any adjacent PVP~lses ~n~ other oelEhbop]n~ Prelalsos, now oP fom~ly o~ed by the paPglee sC the flPst p~g, ~1' any other par~y or moP[sages holing any lntevest in the sald Premises. The foregoing and restrictions shall be deemed re~ Co~n~ts r~ng ~lth ~he land aud be bln(iln~, upon the successors, assigns, dlstrlbutee8, legal representatlve~ ~xecutors, st. a~dnlscr~Cors of the re,strive p~tles hereto ~tll the flrsg da~ of ~uar~, 1980, when [he~ shall cease ~d terminate. . Permls~lou ls hor~by granted by the parties of tile ~lPs~ p~ to utilize a portion , of any resldcnco coas~ructud on ~d premises fop the PPactlce of dentistry, provided, ~ho~yev~r~ chat uoghlnE herel~ contained shall be aonstpu~d as ~ltorlng or modlfyl~ In any ~ the provIslon~ of s~ld restrictions ll~glng tho Consist 'buildings Co [hose ae:crlbed In paragraph "2" ~- - -- glo~ ~ld ct'stOlOn of '~0~1~{ Ott' with th: W,l)m.tenances and all the estate and rights of the part lea o£ the ~tst part in aad to said premises. ~O JJfl~[ llllb f0 [)0[b the premises herein granted unto the part los o/the second part. thelp helps and assigns forever. · ~,~ll~ the said part los o£ the tlrst part covenant 3~i~'~t.--That the p'lrt lea o£ thc ftrst part and ha vo good right to convey tile same, as [ollows: ufo seized o[ the said premises in Ice simple, ~')gfOIl~. --That the part lea el the second part shall quietly enjoy the said prendscs; ~0i['~1. --That the said premises are [tee [rom incumbrances; ~'OIIt'tO.~That the part~ e~ el the ~rst pa~t will execute or procure any [urther necessary assur- ance o[ the title to said pretni..;es; iftO.--TV: t the O"" Xeso tho p ,t .in o,o o/ . ,,ant the title to said premises. ~X[O. ~That the Er:~ntot. in compliance with Section I~ o[ the Lien Law, covenants that the grantor will receive the coushletation lot this conveyance and will hold the right to receive such consid. etation as a trust load to he applied ~tst loc the purpose o[ pa~ing the cost o[ the improvenwnt and that the grantor will apply the same ~rst to the payment o[ the cost o[ the improvement belote using an~ part o[ the total o[ the same [o~' any other purpose, handa and seals the day and year ~rst above written. .~lt preaeu~e o(: hereunto set thelv tdnatoon ]~undt'od atul fJ[ty.orto' ,A. DI'~kIDI~ ti, ItILL~ hl~ to me known and known to u~e to be the individualS described its, and who executed, the [ot'egoing sttutJ~etJt, aud acknowledged to me that ~hey c.¥ccutcd the ~ame. RECOP, DED PI. POI'~IJ i IIJLll lifo NoCo.ry( Public, III f," ' ,'"',l '", . I:';I Fi fry- s ix New York, p(,rt 7 of lite first part,, ,tt, t! PItlLIP F. BETZ and ETHEL It. tEl'Z, his wife, re:~id.[~l[[ at Youn~s k"er~,~e, Southold, Suffolk County, flew Xor]c~ ~,s t on,its b.Y the en.t irc ty, part is s ,',Ten and 00/100 ................... '- o/ ghe scoot*d, cot~,4iderat~o~. - - l)ollat's ($ 10.00 ) lawft*l mo~ey o£ the U~,fted States, and other good and valuable consideration pa~d by ~h.e p~rties o~ ~h~ secot~ p~rt, do es h~mcb~/ ?,'a~t ~nd release ~to th,e part y o~ th,e second part, the sur- distribu tees river, his or hor_/~n$ ~ss~s ~oreper, ~ that certain plot, piece or parcel of laud, si~ate, lying and being at Southold, tn the To~n of Southold, County of S~folk ~d State of New York, bounded and des- cribed as follows: }~EGIN!',]I[G at a point marked by a concrete ~n~ent sot on the northeaster.[?, line of a right of way 16.5 feet tn width at the souther- ly co~ner elI tho premises herein described (which oo:lnt is the westerl~ co~er of oti~er land of the parties of the second part); rum~ing ther~ee ~ a northv:~: hcrly direction along the said northeasterly line of said right of way, N. ~5° 27~ lO" W. a distance of 12~.47 feet to a point ~{od b~ ~', Cr?HGI~O$O l~OBtll~OM$ aBd, l~ of ~ H. Haas; rum~ing thena~ tn a northr:u::tcP17 direction along sald land of liaas, N. 24° 08' 3o" a distance ti' 188 feet, more or less, go ordlnar7 high water line 'I'o7,1] Crock; running thence in a sougheastoply dlrecb.tou a:tontt loss, to othr:r land of thc parties of the second part;; framing the " ] 'oec~,.c:; ;:~'t, 5. 31° 03' 40" W. a distance of 190 feeb, more 10:~s, place of bogln~Ing. TOGEt'IIEE ~,~1 hh tho rlght to tho use, (in co,u~mn wi.h}] oh},ers), of n right of way for [n!jrcss and egress to end from the above described premises to Youn: ~, Avenue over the aforesaid rif~ht of wa.~ 16~: feet in width, the easterly and northeasterly lines of which are described as follows: BEGINNING at the southeasterly corner of the premises above des- cribed and r~unnin~' thence the following 'seven courses and d~stances the southei~ly lln,~, of Youngs Avenue, viz: (1) N. 53° ~7' 10" V~'. 149.~ feet; (~) N. 61)~ 01' 20" W. 161.40 feet; (3) N. 74° Zi' ~0" W. 500.00 feet; (5) N. 16° 11' 20" W. 172.10 feet; (6) N. 55° 00' W. 255.0 feet; (7) N. 40° 00' W. 96.0 'feet to the southerly line of Youngs ~verlue, TOGETHER with all the right, title and interest, if any, of the party of the flrsh part in and to the waters smd land under weber below highwator mark of Town Greek in front of and abutting said premises to the center line thereof. BEING i~D I~iTENDED TO BE the same premises conveyed, by L. Barren Hill and Adelaide H. Hill, his wife, to Helen Wickham, by deed dated September 30, 1955 and recorded in Suffolk County Clerk's Office on October 19, 195,5 in Llber 3997 of Deeds, Page 172, and SUBJECT to the reservations affecting said right of way, and SU[~JECT to tho covenar~ts, restrictions, ag, reements, and reservations affecting said premises. vargy vf lhv, /i~'s! par~ g~ a~c~ to sa~ prer~ses, o/~hc ,vecvnr~ purl, the survivor, his or her d~l;ribut~s ~tH~ I~tt'[y O]e ~l~ ]~r$~ part ¢oue~a~ or $~/]¢rcd~ anfflhbtg~ whereby tl~ s~ premises have bee~ ~c~vrbcred in any W~ ~ '/'h,,I, in C,,nufliance with Sc¢. 13 o/ thc Lien, Ix, u,. fha firantor milt receive the ~'(mxi,/¢ralion ~or this conveyance and will hold lite ri~;ltl to revcive such cousiderution ux . Iru,s'L fund to be applied ~rs~ ~or the p~$rposc (he inzpr~memrnt ,utd will applg the san~e ~rst to the pagm. en, t of thc cost of the itnprovcn~enl bW'.r~ usin~¢ any part of the total o~ the san~efor any other purpose, the party of the /b'st part has and seal tl~e day anal year /lrst above writlcn. gJITllllll.,) Of ~lrFI,gLK f '~"" (hi, t, his Fifty-six ~4!64 ..... ' ' .\"inrtcru, ]£u~tdred rind, ,be/ore nze, lite ,wd~s,'~,//~,,r, I)rrso~oll!l t~ppe~rcd UT LEL~ WICKiT[~bI ca:ecu, ted the scvt~ze. / / William Wicl(ham No,sty ]~blic, State of New Yo~k No. 5~5e000 ............. Qualifies in Suffolk County Te~ Ezpires Ea~ch ~0, 19~7 RECORDED AUG 2 () 1956 ~IL. LIAM H. FRY -.,, - : COUNTY OF SUFFOLK To~, SOUTHOL[. ~ ~ , ........ ~ eo rode ox erv ce ency ~ ' I~ January 13, 1992 Mrs. Johanna Northam P.O. Box 1053 Southold, New York 11971 Re: Variance - Ethel Betz Property Dear Mrs. Northam: Mr. Goehringer of the Southold Town Board of Appeals wrote to me about your letter to the Zoning Board of Appeals dated December 30, 1991. Enclosed please find copy of a letter of Mrs. Betz's brother, Frederick J. Herr, Jr., to the Zoning Board of Appeals which I believe is self-explanatory. I am forwarding this to you to satisfy your concerns but would appreciate that you keep this in confidence. We thank you for your concern in this matter. Sincerely, Rudolph H. Bruer RHB/cam Enc. cc: Mr. Frederick J. Herr, Jr. Southold Town Board of Appeals Southo!d Town Board of Appeals MAIN ROAD STATE~ ROAD 25 SOUTHOI-O, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. James Dinizio',- Jr. Robert A. Villa January 9~ 1992 Rudolph H. Bruer, Esq. Main Road P.O. Box 1466 Southold, NY 11971 Re: Variance - Ethel Betz Property Dear Mr. Bruer: Please find attached communications from Johanna Northam which you may wish to respond to at this time. The public hearing on this matter has been rescheduled for Thursday, January 23, 1992 (at approximately 7:50 p.m.). A copy of the legal notice published by our office will be forwarded to you within the next few days as confirmation. Very truly yours, lk Enclosure GERARD p. GOEHRINGER CHAIRMAN Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11~71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN. JR. James Dinizio',- Jr. Robert A. Villa January 9, 1992 Mrs. Johanna Northam P.O. Box 1053 Southold, NY 11971 Re: Variance - Ethel Betz Property Dear Mrs. Northam: We have received your letter which was left under the door before 8:00 a.m. today and have forwarded your inquiries to the attorney for the applicant, Rudolph Bruer. Please stop by our office during regular Town Hall hours to review additional information concerning personal finances submitted by Mr. Bruer since the last hearing. All questions concerning personal finances may, of course, only be answered through the applicant's attorney. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN ,January 7, 1992 Mrs. Clara Bjerknes 1135 Calves Neck Road Southold, NY 11971 Re: Appl. of Ethel Betz Dear Mrs. Bjerknes: This letter will confirm that the public hearing in the above matter will be continued at the Board's Regular Meeting calendar at approximately 7:50 p.m. on Thursday, January 23, 1992 as requested by you. You or representative should appear at that time. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN lk January 3, 1992 Zoning Board of Appeals Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Attn: Gerard P. Goehringer, Chairman Re: Betz, Ethel H. Appl. No. 4047 SCTM#1000-63-7-34 and 35 Dear Mr. Goehringer: Would you please schedule the adjourned hearing of the above matter for the evening of January 23, 1992. In accordance with your request, enclosed please find a letter of Frederick J. Herr, Jr., brother of the applicant, setting forth the information you requested at the hearing. Mrs. Betz is 83 years old. The enclosed letter also sets forth her financial problems and obligations dealing with her health and age. If you require anything further let me know. ~ /cam Encs. prior to the hearing, please Board of Appeals - Southold Gerard P. Goehringer, Chairman Two Winding Way Greenville, Del. 19807 Decembor 26,1991 Re: Appl. :~4047 - Betz Property Variance Dear Mr. Goehringer: During the hearing on Dec. 16 you re- quested my sister's age and the expense involved in her care. Ethel'sage is 83. Her health, other than failing mentalityis good. She had never been in a hospital during her life prior to mental evaluation at Eastern L.I. hospital last year. How long she will live, only God knows, but we all do know that life expectancy has been increased markedly. You probably knew Mrs.Mott who lived directly across from Ethel on Calves Neck Rd. She is 103 and was moved by her daughter a few months ago to upper New York state. Living across th~ street from me in Wilmington is a Dr. Barsky who has three members of his family who are in their 90's one of whom is 99. The day befor Xmas Willard Scott on NBC honored a woman aged 123 and on Xmas day showed another aged 125 '' This longevity trend is recognized by some financial plan~' ners who factor it into their projections. Recent articles on long-lived nursing home patients attribute tbs phenom- enon to their constantly supervised care, prompt medical att- ention,and planned diets. 'ghen enrolling my sister in the nursing Nome I was required to vouch for her financial respomsibility. Each year I must repeat tile proceedure, and if it appears that the availabilty of fuuds does not measure-up, the respons- ibilty for her welfare is placed entirely upon me. Willow Valley Manor is non-profit. Medicare pays no part of her monthly bills, and the institution will not accept Medicaid if that should be available and required at some future date. The cost of her care commenced immediately after her 3 week evaluation at Eastern L.I. hospital in May last year. I was required by the chief psychiatrist to have around-the-clock care for her, and in addition provide The cost of this care was prohibitive. At $10 per hour the expenditure totaled $19,500 EN~Jfor 81 days, non-reimburse- able by ~ledicare. My sister accompanied by a nurse was trans- ported to the nursing homo id Lancaster, Pa. at a cost of some $500. Ethel was admitted there Aug.16,1990 as an ass- isted care patient. The first full monthly billing totaled ~1725 at a daily rate of ~7.50. Her condition deteriorated and she was transferred to full care after a couple of months. For more than a year her ~ charges have increased substan- ~ial~ly. The attached billing indicates $95 daily .rate and a 303~ monthly cost (~36,500 per year up 75%). During 1991 drug and doctor bills together approximated $1,5oo, parti- ally reimbursed by Medicare and AARP insurance, the annual premium for which has j~st been increased to $1~00. During the summer ~ received a~155billing from an a~abulance service that had returned Ethel to the nursing home after she had fallen and had her chin stiched as an out-patient. This de- spite the fact that I had an insurance policy with another ambulance service. The distance of transfer was only 6 miles~ Another incidental expenditure was a $1~)0 X~.~as g~atuil~y for the employees of ti~e home. While Ethel's insitutional cost increase, all the operat, ing expenses at her Southold house escalate apace, what w~th a ~8 0 tax b' · .~ 75 ~ll, and continuous payments for utilities, insurance,heating oil, house and yard main- tenance etc. These burgeoning costs are one of the more compelling reasons why I should like to make the house more readily saleable by separating the vacant lot. I appreciate tho oppot~uuity to witness th e hearing on Dec.16 and to further provide you with the re- quested information. The Board was most patient while we pre- sented lengthy testimony and I thank you for your kind att- ention. Respectfully, BETZ, ETHEL H. 00471 10/31/91 MR. FREDERICK HERR, JR. 2 WINDING WAY GREENVILLE, DELAWARE 19807 DAILY RATE 95.00 BALANCE FORWARD 09/30/91 CASH RECEIPTS 10/10/91 10/01-10/31/91 10/31/91 LAUNDRY-OUTERGARM10/01/91 LAUNDRY-UNDERGARM10/01/91 LAUNDRY-OUTERGARM10/04/91 LAUNDRY-UNDERGARM10/04/91 LAUNDRY-OUTERGARM10/ll/91 LAUNDRY-UNDERGARM10/ll/91 LAUNDRY-OUTERGARMiO/18/91 LAUNDRY-UNDERGARM10/18/91 LAUNDRY-OUTERGARM10/25/91 LAUNDRY-UNDERGARM10/25/91 U-PADS BRIEFS FLEXICON GAUZE 4x4'S STERILE GAUZE, VASOLINE TELFA PAD 2x3 ENSURE PUDDINGS 10/28/91 10/28/91 10/28/91 10/28/91 10/28/91 10/28/91 10/28/9] 31 1 3 3 7 4 4 6 6 7 10 25 15 4 4 1 9 3 2718.25 -2718 25 2945 O0 2 00 75 6 00 1 75 8 00 1.00 12.00 1.50 14.00 2.50 22.50 13.50 2.00 1.00 .85 1.35 NEW BALANCE 3038.55 SCOTT L. HARRIS SUPERVISOR FAX (516) 765 - 1823 ~LEPHONE (516) 765 - 18~ BOARD OF APPEALS Chairman Gerard p. Goehringer 765-1809 OFFICE OF THE BOARD OF APPEALS TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 INTER-DEPARTMENTAL MEMORANDUM TO: FROM: DATE: SUBJECT: Valerie Scopaz Planning Board Office Linda Kowalski ~.--7 Board of Appeal~//~lce December 11, 1991 Applications for Divisions along Calves Neck Road We have been researching the area of Calves Neck Road in Southold and were told that the Hendrickson Estate's Attorneys from NYC may have communicated in writing to the Planning Board Office or possibly even made an application for the separation of two merged lots identified as 1000-70-4-44 and 45. This application may have been denied or held in abeyance pending other agency approvals. We would appreciate any information you could provide to us on or before Monday, December 16, 1991 (which is the date of the public hearing on the Betz property also on Calves Neck Road). Thank you. LOUIS LEVY ONE 3ILL COURT COMMACK, N.Y. 11725 DEC I I 1991 December 10, 1991 Appeals Board Members Chairman G.P. Goehringer 'Town Hall, Southold, 1].97] Re: Appeal ~ 4047, Betz Property Dear Board Members: I am the owner of the property on Calves Neck Road in Southold Section 63 Block 7 Lot 25. My house is opposite the Betz Property, Section 63 Block 7 Lot 34 & 35. It has come to my attention that there is a public hearing on December 16, 1991 at 7.00 p.m, %o hear a request for a re-- separation of merged parcels at Calves Neck Road, Southold; Appl. No. 4047. According to a copy of a letter that I obtained from Mr Arthur H. Kurtz, Director of Planning, County of Suffolk, the Suffolk County Planning Commission on October 2, 1991, reviewed the proposed subdivision and disapproved same. The reason stated was that the subdivision would be at variance with current zoning regulations that address the issue of ove¥intensification of land use and i~ permitted would circumvent other Board action to upzone the area to bring it more into conformity with modern lot area and planning standards and to limit density. My own observatien of the property is that. it appears to be a small plot containing varied vegetation including over thirty large trees. If someone were to attempt to build on this lot these trees would have to be removed inorder to make room for a house which would take up almost the entire land area, Most of the homes in Calves Neck are on larger parcels than the one in question and therefore this proposed subdivision would be out of character with the area, Of course these are my own feelings and if current zoning would permit a sale of this property my comments would be unimportant~ However~ I must, believe that the people who represent us in Suffolk County must have taken various factors into account like the ones I am expressing in determining County zoning regulations. Development of land bas been a major issue on Long Island and no less of an issue in the Southold area. A subdivision of the kind proposed is exactly what people in the area are trying to discourage because of the density issue. I understand that the Betz family is seeking this variance because of financial problems the family has in caring for Mrs. Betz. Somehow this is being related to subdividing the propert¥~ I assume that the family assumes that the proceeds 'From the sale of separate lots will bring them a greater profit. The fact of the matter is the sale of the property as now constituted would bring in a substanti&l sum; well over $500,000~ if the property were priced for sale considering current market conditions. In closing ].et me again express my opposition to the proposed subdivision. I am going to do my best to attend the hearing on December 16, 1991~ however my business is in Manhattan and it is therefore difficult for me to attend. I would request that my feelings be taken into consideration. -rhank you in advance for your consideration of my comments on this matter'. Please note that you can contact, me at my place of business during the normal workday my phone number being 212-684-4200. Louis R. Le y / t America the Beautiful ~-~ ~--77-fcc-'% / o ou / ~SA15 Mr. ~erard Goehringer Chairman Zoning Board of Appeals Town Hall, Main Road Southold, New York OCT ,?. Dear Mr. Goehringer: As friends of Ethel Betz ( and her deceased husband Dr. Philip) of very long standing---35 plus years, ~e would like to add our names to those in ~avor of a variance. We believe that the piece of property in question,which was bought after the house was built and therefor once a separate piece, is of sufficient size for a dwelling to be built with the proper 25 feet in total on either side. We believe the separation will make the house and its lot more saleable aw the cost will be understandably less. I'm sure that you are aware of the tremendous sums needed for Mrs. Betz' upkeep in the nursing home. If separated, the sale of either property will be of great assistance to the Executors to provide financial help for Mrs. Betz'care. October ~5, 1991 Dr. Dorothy Bauer (Mrs. C.H. Robohm Dr. Claus H. Robohm WILLIAM D. ALLEN JOHN A, COSTELLO OAIL F. HORTON 236 THIRD STREET GREENPORT, NEW YORK 11944 September 17, 1991 Edson & Bruer, Attorneys at Law P.O. Box 1466 Southold, N.Y. 11971 Re: water Availability Tax Map No. 1000 - 63 - 7 - 34 To Whom it May Concern, In response to your request, this letter will serve as notice that the Village of Greenport Water Supply System does supply water to the above referenced property, located at Lot #34, Ca]ves Neck Road, Southold, N.Y. The current owner, Ethe! H. Betz, is capable of connecting to our system upon application. If I can be of further assistance, please contact me. GWH:cr Very truly yours, Gerald W. Hickson Ass't. Superintendent of Public Utilities PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 19, 1991 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Rudolph H. Bruer Edson and Bruer Main Road P.O. Box 1466 Southold, Ny 11971 RE: Minor Subdivision of Ethel H. Betz SCTM9 1000-63-7-34 & 35 Dear Mr. Bruer: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, November 18, 1991. BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, establishes itself as lead agency, and as lead agency makes determination of non-significance, and grants a Negative Declaration. a Enclose please find a copy of the Negative Declaration for your records. Very truly yours, Bennett Orlowski, Jr. Chairman enc. PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S, McDonald Kenneth L. Edwards Telephone (516) 765-1938 ~, PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York I 1971 Fax (516) 765-1823 State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significance November 18, 1991 This notice of issued pursuant to part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Minor subdivision for Ethel H. Betz SCTM#: Location: 1000-63-7-34 & 35 North east side of Calves Neck Road, southeasterly of Young's Avenue. 1208 feet SEQR Status : Type I (X) Unlisted ( ) Negative Declaration: Yes (X) No ( ) Description of Action: Subdivision of a 55,789 square foot lot into two lots of 26,097 square feet and 29,692 square feet. Page 2 Ethel H. Betz SEQR Negative Declaration Con't. Reason Supporting This Determination: An Environmental assessment has been submitted and reviewed. It was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. No correspondence has been received from the Department of Health Services in the allotted time. Therefore it is assumed that there are no comments or objections from that agency. No correspondence has been received from the New York State Department of Environmental Conservation in the allotted time. Therefore it is assumed that there are no comments or objections from that agency. This property and the surrounding area are serviced by the Greenport Village Utility Company. There are no private wells downgradient of the site. The division of land would not set a precedent because of further subdivision or substandard lots in the area as most lots are already in the size range of 25,000 to 30,000 square feet. For these reasons it is not anticipated that there will be any adverse impacts from project density or groundwater impact. For Further Information: Contact Person: Robert G. Kassner Address: Planning Board Telephone Number: (516) 765-1938 cc: Suffolk County Department Of Health Services Suffolk County Planning Commission Roger Evans, DEC Stony Brook Comm. C. Jorling, DEC Albany Judith Terry, Town Clerk Building Department Applicant September 18, 1991 I g iggl : Town of Southold Planning Board Office 53095 Main Road Southold, New York 11971 Attn: Mr. Bennett Orlowski, Jr., Chairman Re: Proposed Minor Subdivision for Ethel H. Betz at calves Neck Road, SCTM#1000-63-7-34 & 35 Southold Dear Mr. Orlowski: In response to your memorandum dated September 6, 1991 to Gerard P. Goehringer, chairman, Board of Appeals (copy enclosed), enclosed herewith please find a copy of a letter dated September 17, 1991 which I received from Gerald W. Hiokson, Ass't Superintendent of Public utilities, which speaks for itself. Sincerely, Rudolph H. Bruer RHB/cam Eno. cc: Mr. Gerard P. Goehringer, Board of Appeals chairman MAYOR WILLIAM D. ALLEN STEPHEN L CLARKE 236 THIRD STREET GREENPORT. HEW YORK 11944 UTILITY OFFICE (516) 477-1748 POWER PLANT FAX 1516} 477-1877 SUPT. OF UTILITIES JAMES I MONSELL ASST. SUPT. OF UTILITIES September 17, 1991 Edson & Bruer, Attorneys at Law P.O. Box 1466 Southold, N.Y. 11971 Re: Water Availability Tax Map No. 1000 - 63 - 7 - 34 To Whom it May Concern, In response to your request, this letter will serve as notice that the Village of Greenport Water Supply System does supply water to the above referenced property, located at Lot #34, Calves Neck Road, Southold, N.Y. The current owner, Ethel H. Betz, is capable of connecting to our system upon application. If I can be of further assistance, please contact me. Very truly yours, Gerald W. Hickson Ass't. Superintendent of Public Utilities GWH:cr PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. XYal'd Mark S. Mcl)onald Kenneth L. Edwards Telephone {5 I(~} 7( 5 I~?L"; · o~$~F~L~- '. PLANNING BOARD OFFICE TOWN OF ~;OUTHOLI) SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765 1823 TO: Gerard P. Goehringer, From: Bennett Orlowski, Jr. DATE: September 6, 1991 RE: Pending Minor subdivision for Ethel H. Betz SCTM# 1000-63-7-34 & 35 Chairman, Board of Appeals Chairman,~¢'{d~ The following is in response to your request of August 26, 1991, for comments on Appeal No. 4047, Ethel H. Betz. The proposed subdivision will result in two undersized lots in the R-40 Residential Zone. This subdivision is in a Critical Environmental Area. It must be considered a Type One action under the New York State Environmental Quality Review Act. Also, Health approval should be obtained before a decision is rendered unless the house and lot are served or will be served by public water. cc: Rudolph H. Bruer, Attorney for Applicant September 4, 1991 Southold Town Board of Appeals P.O. Box 1179 53095 Main Road Southold, New York 11971 Re: Beth, Ethel Calves Neck Road, Southold, New York SCTM~1000-063.00-07.00-034.000/035.000 Dear Sirs: In connection with the above matter, please be advised that I will be unable to attend the hearing tentatively scheduled for September 26, 1991 and hereby request that we be placed on your following calendar. ~/o/a~/ Thank you for your consideration in this matter. RH~/eam k3 PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 From: DATE: RE: Gerard P. Bennett Orlowski, Jr. Chairman,,~q'10~ September 6, 1991 Pending Minor subdivision for Ethel H. Betz SCTM% 1000-63-7-34 & 35 Goehringer, Chairman, Board of Appeals -'-9 The following is in response to your request of August 26, 1991, for comments on Appeal No. 4047, Ethel H. Betz. The proposed subdivision will result in two undersized lots in the R-40 Residential Zone. This subdivision is in a Critical Environmental Area. It must be considered a Type One action under the New York State Environmental Quality Review Act. Also, Health approval should be obtained before a decision is rendered unless the house and lot are served or will be served by public water. cc: Rudolph H. Bruer, Attorney for Applicant APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN Ok SOUTHOLD 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 INTERDEPARTMENTAL MEMORANDUM TO: FROM: DATE: SUBJECT: Ben Orlowski, Jr., Chairman Southold Town Planning Board ATTN: Melissa Board of Appeals August 26, 1991 Pending Subdivision Review - Philip F. Betz. Attached is a copy of the set-off proposal by Philip F. Betz concerning his premises at Calves Neck Road, Southold, which we understand is a new application currently being reviewed by the Planning Board. We have previously furnished copies of this file to you, but have attached additional copies for your convenience. You should provide recommendations or comments at this time concerning those elements which may affect your jurisdiction under the subdivision regulations. You should note the following: Zone District: R-40 Total Number of Lots Proposed: Two Existing Dwelling(s): One If we do not receive your comments within 30 days of this referral (to wit: September 25, 1991), we will assume that you have no co~ents or objections to the general layout as submitted. The legal notice of publication will be prepared for distribution to the newspapers on Monday, September 9, 1991. Thank you for your cooperation in this coordination. DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE ARTHUR H. KUNZ DIRECTOR OF PLANNING October 3, 1991 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 119 1 Re: Minor Subdivision - Ethel H. Betz Northeasterly side of Calves Neck Road, 1208 + feet southeast of Youngs Avenue, Southold, New Yor~. Dear Mr. Orlowski: The Suffolk County Planning Commission at its regular meeting on October 2, 1991, reviewed the proposed subdivision plat, entitled, "Minor Subdivision - Ethel H. Betz" referred to it pursuant to Section A14-24, Article XIV of the Suffolk County Adminietrative Code. The attached Resolution signifies action taken by the Commission relative to this application. Very truly yours, Arthur H. Kurtz Director of Planning b Sr. P,anner Subdivisio~JReview Division File: S-SD-91-09 FD:mb Attachment cc: J. Baler, C.E., SCDHS VETERANS MEMORIAL HIGHWAY HAUPPAUGE. L.I.. NEW YORK 11788 (516) 360-5192 ~NfllNG BOARD File No. S-SD-91-09 Resolution No. ZSR-91-155 of Suffolk County Planning Commission Pursuant to Sections A14-24, Article XIV of Suffolk County Administrative Code WHEREAS, WHEREAS, WHEREAS, RESOLVED, RESOLVED, pursuant to Sections A14-24, Article XIV of the Suffolk County Administrative Code, a referral was received by the Suffolk County Planning Commission on September 17, 1991, with respect to a proposed plat entitled, "Minor Subdivision - Ethel H. Betz" submitted by the Town of Southold Planning Board affecting premises located on the northeasterly side of Calves Neck Road, 1208 + feet southeast of Youngs Avenue in the Town of Southold, and said referral was considered by the Suffolk County Planning Commission at its meeting on October 2, 1991 and the Commission has voted to disapprove said referral, Be It Therefore That the Suffolk County Planning Commission hereby approves and adopts the report of its staff as the report of the Commission, Be It Further That said proposed plat is disapproved for the following reason: Creation of a subdivision with substandard lots, that is, lots whose areas are less than the minimum required by the zoning classification of the property, constitutes an overintensification of land use. Such action could establish a precedent for future subdivision of this kind which would essentially be a circumvention of the Town Board's action taken over the past years to upzone the area in order to bring it more into conformity with modern lot area and planning standards and to limit density. Motion by: Commissioner Shepard Commission Vote: 11 Present Seconded by: Commissioner Lee Yeas 10 Nays 0 Abstentions 1 Commissioner McDonald Dated October 2,~1991 Hauppauge, New York Suffolk County Planning Commission PLANNING BOARD MEMBERS Bennett Orlowski, Jr.. Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 ( ) PLANNING BOARD OFFICE Suffolk County ~lann£ng Comision H. Lee Dennison Executive Office Building - 12th Floor Veterans Memorial Highway Hauppauge, New York 11788 SCOTI' L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Attention: Mr. Frank Dowling, Senior Planner Subdivision Review Division Gentlemen: S.C. Tax Map No.: Major Sub. Minor Sub. Pursuant to Section A14-24, Suffolk County Administrative Code, the Southold Town Planning Board hereby refers the following proposed subdivision to the Suffolk County Planning Commission: Map of S.C.D.P.W. Topo No.: Zoning ~PLl"ff~/~7"~9~_q)'pffq'F/~.. --~o Site Plan Cluster MATERIAL SUBMITTED: Preliminary Plat (3 copies) ~/~Road Profiles Drainage Plans (1) Topogroaphical Map (1) Site Plan (1) Grading Plan (1) (1) Other materials (specify and give number of copies) Waiver of Subdivision Requirements - See attached sheet CONTINUED REFERRAL CRITERIA: SEQRA STATUS: 1. The project is an (Unlisted)~Type I~(Type II)Action. 2. A (Negative Declaration) (Positive Declaration) (Determ. of Non-Significance) has been adopted by the Planning Board. 3. E.I.S. statement enclosed. (Yes) (No). e The proposed division has received approval from the S.C. Dept of Health. (Yes) (No). Comments: We request acknowledgement of receipt of this referral (Yes) (No) Referral received 19 by Suffolk County Planning Commission and assigned File NO. Very truly yours, .~ ~ /~ Bennett Orlowski, Jr. / ' - Chairman Southold. N.Y. 11971 (516) 765-1938 QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITIt YOUR APPLICATIONS FORMS TO THE PLANNING BOARD Please complete, sign and return to the Office of the Planning Board with your completed applications forms. If your answer- to any of the following questions is yes, please indicate these on your guaranteed survey or submit other appropriate evidence, 1. Are there any.wetland grasses on this parcel? Y~es], No (Attached is a ±lst of the wetland grasses defined~ by the Town Code, Chapter 97, for your reference) SEE SURVEY ATTACHED 2. Are there a'ny other premises under your ownershi4~ abutting this parcel? '%" (Ye~s) No SEE DEEDS ATTACHED -~C~C~¢~ 3. Are there any building permits pending on this parcel? Yes ~ 4. Are there any other applications pending concerning this property before any other department or agency?(Town , State, County, etc.) ~ No Southold Town Zoning Board of Appeals, Department of Envir~lY~-ental of Conservation 5. Is there any application pending before any other agency with regard to a different project on this parcel? 6. Was this property the subject of any prior application to the Planning Board? 7. Does this property have a valid certificate of occupancy, if yes please submit.a copy of same Yes Yes ~ Yes ~ - I certify that the above statements are true and will be relied on by t/~e PlaDning B~ard in considering this application. S~g~ature ~f proper~y owner or/aut~4,~ ~ ~;/" ~ ~/ - ~ ~ ~ ..... agent date PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 RE: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: ~/~. o~ ~DI~I~/o~F ~ ~HFL ~'.'~Er~-. Requested Action: o'. 7./~y',,~. ~¢a,,d,e~ F~'f :' ' SEQRA Classification: (~) Type I ( ) Unlisted Contact Person: The lead agency will determine the need for an environmental impact statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: (~) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other. ( See comments below). Comments: Please feel free to contact this office for further information. Bennett Orlowski, Jr. Chairman cc: Board of Appeals ~Board of Trustees ~ Building'Department Southold Town Board ~ Suffolk County Dept. of Health Services W NYSDEC - Stony Brook SoCo~ ~ .... ~ublic W~k~ .U~S. Army Ccrp of Engineers .SL~Y.S. Dept. * Maps are enclosed for your.~eview Coordinating agencies 14-1'6-2 (2/87)-- 7c 617.21 SEQR Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: Th~ full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. Full FAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses cn identifving the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions Identify the Portions of EAF completed for this project: [] Part I [] Part 2 []Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: [] A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. [] B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONFD negative declaration will be prepared.* [] C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. * A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible officer) Date · P .r 1--PROJECT INFORM~IIO i ....... ~ &~ Prepared by Project Sponsor !i j!\ ~,~, , u I==l llJl NOTICE: This document is designed to assist in determining whether the action ~scd m;'F ~a-.'~ a s ;n ~t effect on the environment. Please complete the entire form, Parts A through E. Answer'Lt~ these questions will be ~o sidere~ as part of the application for approval and may be subject to further verification and public review. Provide ah~-~ Jition~ information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance, NAME OF ACTION Ethel H. Betz LOCATION OF ACTION (Include Street Address, Municipality and County) Calves Neck Road, Southold, NY SCTM#1000-063.00-07.00-034.000/035.000 NAME OF APPLICANT/SPONSOR Rudolph H. Bruer, Agent ADDRESS Main Road , P.O. Box 1466 BUSINESS TELEPHONE t516) 765-1222 Southold NAME OF OWNER (It different) Ethel H. Betz STATE ZIP CODE NY 11971 BUSINESS TELEPHONE t ADDRESS Calves Neck Road CITY/PO Southold STATE ZIP CODE NY 11971 DESCRIPTION OF ACTION Separate two tax lots which have become one due to zoning merger. Please Complete Each Question-Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: r"lUrban E]lndustrial I~Commercial I~Forest [~Agriculture DOther 2. Total acreage of project area: 1.281 . acres. APPROXIMATE ACREAGE SEE ATTACHED SURVEY Meadow or 8rushland (Non-agricultural) Forested Agricultural (Includes orchards, cropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) Water Surface Area Unvegetated (Rock, earth or fill) Roads, buildings and other paved surfaces Other (indicate type). ~]Residential (suburban) I-1Rural (non-farm) PRESENTLY AFTER COMPLETION N/A acres N/A acres N/A acres N/A acres N/A acres N/A acres See survey acres See Survey acres See survey acres See survey acres N/A N.A. See sruvey acres See survey acres N/A acres N/A acres 3. What is predominant soil type(s) on project site? Brown dirt a. Soil drainage: DWell drained % of s, ite [~Moderately well drained % of site I-]Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group I through 4 of the NYF Laqd Classification System? N/A acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? l-lyes PRNo a. What is depth to bedrock? {in feet) 2 o 'PLEASE NOTE HIGH CONTOUR~INES ~15~ or greater, % 6. Is proiect substantially contiguous to, or contain a building, site, or district, Ii{ted on the 5tare or the National Registers of Historic Places? E3Yes ]~No ~'. Is project substantially contiguous to a site listed on Register the of National Natural Landmarks? [:]Yes ~3No & What is tl~e depth of the water table? (in feet) 9. Is site located over a primary, principal, or sole source aquifer? I~Yes 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? :i~]Yes [~No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? I-lYes DNo According to Identify each species 12. Are there any unique or unusual land forms on the proiect site? (i.e., cliffs, dunes, other geological formations) [XIYes I-1No Describe Creek front 13. Is the project site presently used by the communitf or neighborhood as an open space or recreation area? I~Yes ~No If yes, explain 14. Does the present site include scenic views known to be important to the community? i~Yes ~[]No 15. Streams within or contiguous to proiect area: N/A a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name b. Size (In acres) 17. Is the site served by existing public utilities? [~Yes [:]No a) If Yes, does sufficient capacity exist to allow connection? :~:]Yes [~No b) If Yes, will improvements be necessary to allow connection? [:]Yes '::No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? [:]Yes ~No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 I~Yes [3No 20. Has the site ever been used for the disposal of solid or hazardous wastes? [Z]Yes ~No B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor b. Project acreage to be developed: acres initially; c. Project acreage to remain undeve!oped acres. d. Length of project, in miles: (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed f. Number of off-street parking spaces existing ; proposed g. Maximum vehicular trips generated per hour b. If residential: Number and type of housing units: One Family Two Family Initially Ultimately i. Dimensions (in feet) of largest proposed structure height; j. Linear feet of frontage along a public thoroughfare project will occupy is? SEE ATTACHED SURVEY acres ultimately. (upon completion of project]? Multiple Family Condominium width; ft. length. 3 2. How much natural terial~ rock, earth, etc.) will be removed fro e site? Iq'/A 3. Will disturbed areas be reclaimed? []Yes f'qNo [~N/A a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? l-lYes ~No c. Will upper subsoil be stockpiled for reclamation? f-lYes []No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? I~/A acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? ~]No 6. If single phase project: Anticipated period of construction Unkno~cr~ months, {including demolition}. 7. If multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase I month. c. Approximate completion date of final phase month d. Is phase I functionally dependent on subsequent phases? [:]Yes []No 8. Will blasting occur during constrt~ction? fl-lYes [No 9. Number of jobs generated: during construction ; after project is complete 10. Number of iobs eliminated by this project 11. Will project require relocation of any projects or facilities? []Yes []No If yes, explain tonsjcubi¢ yards year, (including demolition). · year. 12. Is surface liquid waste disposal involved? ~lYes r'XlNo a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? [~Yes []No Type Cesspool 14. Will surface area of an existing water body increase or decrease by proposal? []Yes I~No Explain 15. Is project or any portion of project located in a 100 year flood plain? r-lYes [~No 16 Will the project generate solid waste? []Yes a. If yes, what is the amount: per month tons b. If yes, will an existing solid waste facility be used? r-lYes I~No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? [~]Yes . e. If Yes, explain C]No 17. Will the project involve the disposal of solid waste? a. If yes, what is the anticipated rate of disposal? b. If yes, what is the anticipated site life? 18. Will project use herbicides or pesticides? [-]Yes []Yes I-1No tons/month. years. ~No 19. Will project routinely produce odors (more than one hour per day)? [Yes 20. Will project produce operating noise exceeding the local .ambient noise evels? 21. Will project result in an increase in energy use? []Yes ]E3No If yes , indicate type(s) I~No []Yes ~]No 22. If water supply is from wells, indicate pumping capacity gl/A 23. Total anticipated water usage per day gallons/day. 24. Does project involve Local, State or Federal funding? I-lYes If Yes, explain gallons/minute. :~3No 4 $. Approvals Required; C City, Town, Village Board I-lYes ~-lNo City, Town, Village Planning Board rqYes J~No City, Town-Zoning Board ~[]Yes ~]No City, County Health Department ~]Yes Other Local Agencies r-]Yes ~qNo Other Regional Agencies DYes J~]No State Agencies ~]Yes rqNo Federal Agencies I'~Yes ~]No C. Zoning and Planning Information Setoff ~epartment of Egvironmental onservatlon - varzance I. Does proposed action involve a planning or zoning decision? If Yes, indicate decision required: r-]zoning amendment R'lzoning variance D-]special use permit [qnew/revision of master plan 2. What 3. What ~Yes I-INo Dresource management plan is the zoning classification(s)of the site? R- 40 F%ubdivision f~site plan [~other Submittal Date 7/26/9! When Applicab] 8/8/9 is the maximum potential development of the site if developed as permitted by the present zoning? 4. What is the proposed zoning of the site? R-40 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ~]Yes ENo 7. What are the predominant land use(s) and zoning classifications within a % mile radius of proposed action? R-40 8. Is the proposed action compatible with adjoining/surrounding land uses within a % mile? ][]Yes rqNo 9. If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? I-lyes ~No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? OYes [~No a. If yes, is existing capacity sufficient to handle projected demand? FqYes I-INo 12. Will the proposed action result in the generation of traffic significantly above present levels? r-lYes ][]No a. If yes, is the existing road network adequate to handle the additional traffic? f'-Iyes r-INo D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify tha~-~e information provided above is true to the best of my knowledge Applicant//S~b~ me ~ ~,,u?o~P)b H. Bruer Date 8//~///91 L Signature// ~/~f("//(f~ //~/<'~ Tit, ...... .~/.[ . - ~ , ; ~,~,, .-,- - - -. ...... . ....... ~oas,a~ ~sse~s~ent ~orm~e~o~ pro~edmg with this assessment. ,q ~ ~ . ~.' 't 2~ROJECT IMPACTS ANO~ IEl: IAGNITUDE Responsibility of Lead Agency General Information (Read Carefully) · In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. · Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. · The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examptes are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential large impact response, thus requiring evaluation in Part 3. · The impacts of each project, on each site, in each locality, will vary~ Therefore, the exampfes are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. · The number of examples per question does not indicate the importance of each question. · In identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box (column I or 2) to indicate the potential size of the impa.ct. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the proiect to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. I 2 I 3 Small to Potential , Can Impact Be Moderate Large Mitigated By impact Impact Project Change [] [] []Yes []No [] [] []Yes []No L--] [] ~]Yes []No [] [] []Yes []No [] [] []Yes []No [] [] [-]Yes []No [] [] ~Yes []No [] [] []Yes []No [] [] []Yes []No [] [] r-lyes 1:3No IMPACT ON LAND 1. Will the proposed action result in a physical change to the project site? nNO []YES Examples that would apply to column 2 · Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 10%. · Construction on Jand where the depth to the water table is less than 3 feet. · Construction of paved parking a~ea for 1,000 or more vehicles. · Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. · Construction that will continue for more than I year or involve more than one phase or stage. · Excavation for mining purposes that would remove more than 1,000 tons of natural material {i.e,, rock or soil) per year. · Construction or expansion of a sanitary landfill. · Construction in a designated floodway. · Other impacts 2. Will there be an effect t:. -..W u~i,que or unusual land forms found on the site? (i.e., c frs, dunes, geo og cai formations, etc.)fqNO DYES · Specific land forms: IMPACT ON WATER 3. Will proposed action affect any water body designated as protected? (Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) r~NO E3YES Examples that would apply to column 2 · Developable area of site contains a protected water body. · Dredging more than 100 cubic yards of material from channel of a protected stream. · Extension of utility distribution facilities through a protected water body. · Construction in a designated freshwater or tidal wetland. · Other impacts: 4. Will proposed action affect any non-protected existing or new body of water.~ DNO DYES Examples that would apply to column 2 · A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. · Construction of a body of water that exceeds 10 acres of surface area. · Other impacts: 5. Will Proposed Action affect surface or groundwater quality or quantity? ~INO [~YES Examples that would apply to column 2 · Proposed Action witl require a discharge permit. · Proposed Action requires use of a source of water that does not have approval to serve proposed (proiect) action. · Proposed Action requires water supply from wells with greater than 45 gallons per minute pumping capacity. · Construction or operation causing any contamination of a water supply system. · Proposed Action will adversel,v affect groundwater. · Liquid effluent witl be conveyed off the site to facilities which presently do not exist or have inadequate capacity. · Proposed Action would use water in excess of 20,000 gallons per day. · P~oposed Action will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natur~,i conditions. · Propos(~d Action will require the storage of petroleum or chemical products greater than 1,100 gallons. · Proposed Action will allow residential uses in areas without water and/or sewer services. · Proposed Action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. · Other impacts: L 6. Will proposed action alter drainage flow or patterns, or surface - water runoff? (-'1N O ~]YES Examples that would apply to column 2 · Proposed Action would change flood water flows. ~ 2 3 Small, to Potential Can Impact Be Moderate Large ' Mitigated By Impact Impact Project Change [] [] [~Yes I--1No [] [] [~]Yes I--1No [] [] I-lYes ~]No [] [] ~lYes I--]No [] ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Y'es ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ · ~ ~Y~s ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No · Proposed Action may cause substantial erosion. · Proposed Action is incompatible with existing drainage patterns. · Proposed Action will allow development in a designated floodway. · Other impacts: IMPACT ON AIR 7. Will proposed action affect air quality? []NO []YES Examples that would apply to column 2 · Proposed Action will induce 1,000 or more vehicle trips in any given hour. · Proposed Action will result in the incineration of more than 1 ton of refuse per hour. · Emission rate of total contaminants will exceed 5 lbs. per hour or a heat Source producing more than 10 million BTU's per hour. · Proposed action will allow an increase in the amount of land committed to industrial use. · Proposed action will allow an increase in the density of industrial development within existing industrial areas. · Other impacts: IMPACT ON PLANTS AND ANIMALS ,~ Will Proposed Action affect any threatened or endangered species? I~NO ~YES Examples that would apply to column 2 · Reduction of one or more species listed on the New York or Federal list, using the site, over or near site or found on the site. ° Removal of any portion of a critical or significant wildlife habitat. ' Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. ' other impacts: Will PropoSed Action substantially affect non-threatened or nOn-endangered species? []NO []YES EXamples that would apply to column 2 Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important Vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES Will the Proposed Action affect agricultural land resources? I-1NO ~YES Examples that would apply to column 2 Fhe proposed action would sever, cross or limit access to agricultural '.and (includes cropland, hayfields, pasture, vineyard, orchard, etc.) 8 Small Moderate Impact 2 Potential . 'Large Impact Can Impact Be Miti'gated By Project Change /--~Yes J-mN< [~]Yes [No []Yes [No ~]Yes [-]Yes I-IN( E~Yes I~No [~Yes I--]No /-~Yes I--]No [Yes I-~No [~Yes r-~No [~]Yes I-/No [~Yes ['-I No J-]Yes I-]No [Yes [No ~]Yes ~]No E-]Yes E]No [~]Yes [~No c¢ · Construction activity would excavate or compact the soil profile of agricultural land. · The proposed action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultutal District, more than 2.5 acres of agricultural land. · The proposed action would disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) · Other impacts: IMPACT ON AESTHETIC RESOURCES 11. Will proposed action affect aesthetic resources,' ~INO []YES (If necessary, use the Visual EAF Addendum in Section 617.21, Appendix B.) Examples that would apply to column 2 · Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. · Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. · Project components that will result in the elimination or significant screening of scenic views known to be important to the area. · Other impacts: IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? []NO ~]YES Examples that would apply to column 2 ' Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. · Any impact to an archaeological site or fossil bed located within the project site. · Proposed Action will occur in an area designated as sensitive for archaeological sites on tile NYS Site Inventory. · Other impacts: IMPACT ON OPEN SPACE AND RECREATION 13 Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? Examples that would apply to column 2 [~NO [YES · The permanent foreclosure of a future recreational opportunity. · A major reduction of an open space important to the community. · Other impacts: '~1 2 3 Small to Potential' Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] I~Yes F-INo [] [] []Yes []No [] [] I~Yes [--~No [] [] []Yes []No [] [] []Yes ~3~o [] ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~ ~ ~Yes ~No ~ ~ QYes ~No ~ ~ ~tes' ~No ~ ~ ~V~ ~No ~ ~ ~Ves ~No ~ ~ ~Yes ~No IMPACT ON'dAN TATION 14. Will there be an effect to existing transportation systems? Examples that would apply to column 2 [NO [~YES · Alteration of present patterns of movement of people and/or goods. · Proposed Action will result in major traffic problems. · Other impacts: IMPACT ON ENERGY 15. Will proposed action affect the community's sources of fuel or energy supply? []NO [YES Examples that would apply to column 2 · Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality. · Proposed Action will require the creation or extension of an energy transmission or supply system to serve more than $0 single or two family residences or to serve a major Commercial or industrial use. · Other impacts: NOISE AND ODOR IMPACTS 16. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? F~NO ~]YES Examples that would apply to column 2 · Blasting within 1,500 feet of a hospital, school or other sensitive facility. · Odors will occur routinely [more than one hour per day). · Proposed A~tion will produce operating noise exceeding the local ambient noise levels for noise outside of structures. ' Proposed Action will remove natural barriers that would act as a noise screen. Other impacts: IMPACT ON PUBLIC HEALTH 7 Will Proposed Action affect public health and safety? [NO [YES Examples that would apply to column 2 Proposed Action may cause a risk of explosion or release of hazardous substances(i.e, oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic Iow level discharge or emission. Proposed Action may result in the burial of "hazardous wastes'; in any t'Orm (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) '~tora~e facilities for one million or more gallons of liquified natural ;as or other flammable liquids. Proposed action may result in the excavation or other disturbance ',v,lhm 2,000 feet of a site used for the disposal ot solid or hazardous O/her impacts: 10 Small Moderate Impact [] [] [] [] 2 potential Large Impact Can, Impact Be Mitigated By Project Change []Yes []No E]Yes []No []Yes []No ~:]Yes []No []Yes l-]No E]Yes E]N9 []Yes []No []Yes []No [~Yes E]No r-]Yes E]No []Yes []No []Yes [:]No ~Yes []No [:]Yes []No E]Yes [~N0 []Yes E]No :. IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD ~ 18 Willproposedactionaffectthecharacteroftheexistingcommunity? [NO E~YES Examples that would apply to column 2 · The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. · The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this project. · Proposed action will conflict with officially adopted plans or goals. · Proposed ~action will cause a change in the density of land use. · Proposed Action will replace or eliminate existing facilities, structures or areas of historic importance to the community. · Development will create a demand for additional community services (e.g. schools, police and fire, etc.) · Proposed Action will set an important precedent for future projects. · Proposed Action will create or eliminate employment. · Other impacts: ~ 2 3 Small to Potential Can impact Be Moderate Large Mitigated By Impact impact Project Change [] [] C]','es EE]No [] [] I-lYes ['-~No [] [] [~Yes r-]No [] [] E]Yes [-'1 No [] [] E]Yes E]No [] [] E]Yes r~No [] [] E3Yes E]No [] [] ~Yes ['-]No [] [] F-lyes C]No 19 Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? r~No []YES If Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 .£ Part 3--EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be mitigated. Instructions Discuss the following for each impact identified in Column 2 of Part 2: 1. Briefly describe the impact. 2. Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3. Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider: · The probability of the impact occurring · The duration of the impact · Its irreversibility, including permanently lost resources of value · Whether the impact can or will be controlled · The regional consequence of the impact · Its potential divergence from local needs and goals · Whether known objections to the project relate to this impact. (Continue on attachments) 11 (' 617.21 {'- Appendix B Slate Environmental Quality Review Visual EAF Addendum SEQR .£ This form may be used to provide additional information relating to Question 11 of Part 2 of the Full EAF. (To be completed by Lead Agency) Distance Between Visibility 1. Would the project be visible from: · A parcel of land which is dedicated to and available to the public for the use, enjoyment and appreciation of natural or man-made scenic qualities? · An overlook or parcel of land dedicated to public observation, enjoyment and appreciation of natural or man-made scenic qualities? · A site or structure listed on the National or State Registers of Historic Places? · State Parks? · The State Forest Preserve? · National Wildlife Refuges and state game refuges? · National Natural Landmarks and other outstanding natural features? Project and Resource (in Miles) 0-tA 1/4 - V2 V2-3 3-5 5+ [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] · National Park Service lands? · Rivers designated as National or State Wild, Scenic or Recreational? [] [] [] [] [] [] [] [] [] [] · Any transportation 9orridor of high exposure, such [] [] [] [] [] as part of the Interstate System, or Amtrak? · A governmentally established or designated interstate [] [] [] [] [] or inter-county foot trail, or one formally proposed for establishment or designation? · A site, area, lake, reservoir or highway designated as [] [] [] [] [] scenic? · Municipal park, or designated open space? [] [] [] [] [] · County road? [] [] [] [] [] · State? [] [] [] [] [] · Local road? [] [] [] [] [] 2. Is the visibility of the project seasonal? (i.e., screen'ed by summer foliage, but visible during other seasons) []Yes []No 3. Are any of the resources checked in question 1 used by the public during the time of year during which the project will be visible? []Yes •No -- DESCRIPTION(OF EX~ING VISUAL ENVIRONMENT · 4. From each item checked in question 1, cheek those which genera~lly describe the' surrounding environment. Within '1/4 mile * 1 mile Essentially undeveloped [] [] Forested [] [] Agricultural [] [] Suburban residential [] [] Industrial [] [] Commercial [] [] Urban [] [] River, Lake, Pond [] [] Cliffs, Overlooks [] [] Designated Open Space [] [] 'Hilly [] [] Mountainous [] [] Other [] [] NOTE: add attachments as needed 5. Are there visually similar projects within: '1/2 mile C]Yes []No *! miles [-]Yes []No *2 miles []Yes []No *3 miles []Yes E~No Distance from project site are provided for assistance. Substitute other distances as appropriate. EXPOSURE 6. The annual number Of viewers likely to observe the proposed project is NOTE: When user data is unavailable or unkno.wn, use best estimate. CONTEXT 7. The situation or activity in which the viewers are engaged while viewing the proposed action is Activity Travel to and from work Involved in recreational activities Routine travel by residents At a residence At worksite Other FREQUENCY Holidays/ Daily Weekly Weekends Seasonally [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 1, 1991 Rudolph H. Bruer Edson and Bruer Main Road P.O. Box 1466 Southold, New York 11971 SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 ~Fax (516) 765-1823 :' k i Minor Subdivision of Ethel H. Betz SCTM#1000-63-7-34 & 35 Dear Mr. Bruer: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, September 30, 1991. Be it RESOLVED that the Southold Town Planning Board start the lead agency coordination process on this Type I action. Please contact this office if you have any questions regarding the above. cc: Gerard P. Very truly yours, Bennett Orlowski, Jr. Chairman Goehringer, Chairman, Board of Appeals R£$OLUTION NO. - ~985, ADOPTING LOCAL LAW NO. ~EAR 1988, A CRAR?~R LAW TO THE DESIGNATION OF CRITICAL ~ NVIRO~ ENTAL AR~A (~CONIC BA~) Legislature at a :egular ~etlng held ~n !aw entitled, "A CHARTER LAW TO EXSAND THE DESiGNATiON ~;'/:ROS~TAL AR~A", and said local law Ln final ~orm ~z the ~ame RESOLED, ~a: said local law be enacted in fina~ ~orm as LOCAL LAW NO. 'fEAR 1988, SUffOlK COUNTY, N~ YO~ A C~ARTER LAW TO EXPANO T~ DZ~XGNATION OF CRITXCAh ENV~RO~ZNTA~ AREA BE XT ZNACTZD 8y THE COUNTY LEGZS~T~RK OF T~E COUNTY OF S~FFOh~, a: ~ollows: fragile ~cenXc ~oau~y. cons~u~e a ~hroa~ ~o ~he publXc 3.) ~1~ ~I v~etation and ~aun~ o~ ~hi~ land constitute na~ug~ let~ pgov~d~aq a wildlife h~lta~ and open s~pace; 4,J '~t ~ la pa~ of ~o ~un~y's ~erl~e of ~ng la,nd S.) tgt i~ con,sins la lnhe~en~ ecological. 9e~ap~lc~. any change in ~ho na~uta~ chacacce~18~lci and iaC~tl~y o~ ~he landscape 6.) ~hac ~ constl~u~tl a~ /~mn~ ~ac~o~ iff the pcolifera~o o~ p~g~cua~ion o~ wXldlLte, plant c~m~itiei, o~n space, scenic valu. ~lty of q=ound~tec and ~face ~i=, ~cland values, ~nd/oc ~cecsh. Y~cX S~a~l authorities, end/or tarl I~cL41 OF cero~lanC c~mun~Cie~ identified by ~e ~v Yock ~u~al b~i~e Prog~, a~ ~lng o~ state ~lobal Therefore, ~he purple of ~hi8 ~av Il ~o expend ~he designation sensitive lend ~in ~he ~ufl~y o~ Sut~o~ al a c~i~cal a~tl o~ envtconMnc concern IQ as CO efllu~o ~h4~ any actions ~ing place wholly o~ parcLa/Iy w~ O~ ~s~ancially contiguous ~o ~ch'erea wL%L be co~8ideced as ~ge I acute unde~ the N~ YO~ STATE ~NVZ~R~ QUALITY R~Z~ ACT (SEQRA), and ~ca~ : 22-~985, thocmby ink,laming ~e XLkll~hood Ch4~ 4flvi=o~tal l~act ([) are' directly andertaken by an agency; or (~1; involve fundi.~9 by an agenct; o~ 4. ) cQ~nat~on~ of %he above. project shall be considered an action, reqa=dless of ~e~er s~ch ~undLnq ~dit~on of a n~w s~section 9 ~o rea~ as follows: S37-7 A. The ~ollowlng lands within the County of Suffolk, as mo %.) =apiac~nt of a facility, tn kind, on the same alta un,es such ~acill~y n~ecs any o~ the threiRoXdl In 6 H~RR SaX?.12; fa~ngi 4.) repavifl9 of exllCing high-aye flor invoX;tng the addition S.] atroa~ o~nings fo~ the purl~ie of ~epair or maintenance existing ucllit~ facilities; 6.) inlcallaCton of ==affic control devices off exacting saree roads, and h~gh~ays~ 7.) public or 9~kvate fore$c-m~nagemefl~ pcact~cee other than re.vel of ~rae$ or the appllcatfon of ht~bicide~ ot :p~st%cides! use CC den$£~y; ' ~, Da~ns, cc other buildings mot ~an~g La~' 9.) maintenance of existing landscaping or nazura[ %0.) ~a~ng of e~st~n~ ~oads, street~, highways u$~$, T2.) Durcna~e o~ sale o~ furnishings, eq.~L~nent, o; %4.) license, lease, and ~r,rit ~enewals Where there will be involve capital conetruc~ion £ncludinq ~chool closings,, but not change use related to s~ch closings; i6.) in~o~mation collection including basic ~tata collection an research, m~ster-plan s~d¥ commoner%Se ~te~ qual!t~ pro]ec~; and ~r~nen= effecz on =~e envlFon~n~ 19.) lnvos~n~8 b~ o~ on ~hal~ o~ aqmncie~ o= ~nsLo~ o 20.) ~e o~enmion o~ =tlllty 4iltrl~zion facil=ies to se~v ~fllts~ action ~tsuane to S617.2(a) lb) o~ ~L~o 6 o~ the '~ YOR~ CO0~ RU~ AND REGU~ON~ (N~) afl~ will no~ have a oLgn/Eiaan= adve=sa ~mpact .. ~he invi~On~nt ~hin the ~aning o~ S8~I09t2) O~ the N~ ~0~ Z~VIRO~SNTA 2.) areal ~hat have inheran~ e~oIoqica.l, h~to1ogical oensitivitiee to change will ~ ~avo~ably aetected; and 3.) enac~ent of this la~ will not tesul~ in any changes in u ot adverse l~4ct on t~e environ~n~ conteap~ted by S6L7.~ of the SEC Section Six. ~.Uflty any a~thorized agen~ t~eteoff, LA tmple~n~iag ~he ~ovllionl o~ this law. Section ~ ~f~ive Secretary o~ $~ate. ~l~ law s~a~l al~o ~e ~iled wit~ the Co~m~on~ .... Underlining shall mean edd~t£on. DATED: APPROVED By: Date of Approval: $ O J N D ../ ! ' line f~om Peeonlc and tributaries ? T i ~, N ! I C PECOMC BAY ESTUARY CRITICAL ENVIROM~NTAL ZONE Five Eastern Towns Counly of Suffolk, New York Prt'parcd by: SUFI~JLI( CtJLINTy PI.ANNING I)EPARTM£NT 0 C E A N APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. ' ' Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN O~: SOUTHOLD sco'Yr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 October 8, 1991 Rudolph H. Bruer, Esq. P.O. Box 1466 Main Road Southold, NY 11971 Re: Appl. No. 4047 - Variance Application of Ethel H. Betz Dear Rudy: This will confirm receipt and review of the above application. The application as submitted is being held in abeyance pending receipt of the following: 'A~(1) a copy of a filed application and preliminary (or final) approval, waiver or other determination, from the Suffolk County Department of Health Services for this project. (It is our understanding that an application may be pending as of this date.) (2) SEQRA determination from the lead agency for this Type I action. {It is our understanding that this property is within 500 feet of a Peconic Bay waterway and was designated a Critical Environmental Area by the County of Suffolk, Res. #1707-88, requiring a Type I designation). Upon receipt of the above, this matter will be advertised pursuant to all notice requirements, for a public hearing at the Board's upcoming Regular Meeting calendar. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. A drafted or final written copy of your presentation, if lengthy, is always appreciated. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, Enclosure GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTI' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. A drafted or final written copy of your presentation, if lengthy, is always appreciated. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, Enclosure GERARD P. GOEHRINGER CHAIRMAN By Linda Kowatski Page 4 - Legal NotiW Hearings for December 16, 1991 Southold Town Board of Appeals Also interested: Mr. and Mrs. Philip VanBourgondien P.O. Box 1211 1285 Calves Neck Road Southold, NY 11971 (In favor of Betz appl.) Mr. and Mrs. Basil Northam P.O. Box 1053 Southold, NY 11971 (Against Betz appl.) Dr. and Mrs. P.O. Box 818 Southold, NY CLaus H. Robohm 11971 (In favor of Betz appl.) Mr. and Mrs. John Kramer P.O. Box 1360 Southold, NY 11971 (Interest in Betz appl. Mr. John Prestia (Builder for Paola Lavagetto) P.O. Box 66 Cutchogue, NY 11935 Mr. and Mrs. Paolo Lavagetto 14 Wycoff Place Woodmere, NY 11958 Anthony Salvatore, Esq. (Repr. Sievernich) Hillside Professional Center 45 Route 25A East Setauket, NY 11733 Wickham, Wickham & Bressler, P.C. P.O. Box 1424 Mattituck, NY 11952 (Repr. Gustavson) Also copies with file info to ZBA Members, Individual Hearing Files, and Town Clerk Bulletin Board APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 TYPE II BOARD OF APPEALS TOWN OF SOUTHOLD ACTION DECLARATION August ScoTrLHARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 15, 1991 Appeal No. 4047 Project/Applicants: Ethel County Tax Map No. 1000- Location of Project: Ca]Yes Betz 63-7L34 & 35 Neck Road, Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: Lot line variance This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment {Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.~jj, this Department is excluded as an involved agency. This determination shall not, howeger, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at {516) 765-1809. mc 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: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK DATED: JULY 26, 1990 RE: ZONING APPEAL NO. 4047 - ETHEL BETZ Transmitted herewith is Zoning Appeal No. 4047 of Ethel Betz. Also included is Notice to Adjacent Property Owners; Short Environmental Assessment Form; ZBA Questionnaire; Notice of Disapproval from the Southold Town Building Department, dated August 23, 1990; Letter of Authorization; copy of deeds; and copy of survey. Judith T. Terry Southold Town Clerk r. ~PROJECT LD. NUMSER 6~?.2~ ~. SEQR Appenc~ix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be comoleted by Applicant or Project sponsor) t. APPLICANT/~PONSOR .... H. Betz 3. PROJECT LOCATION: ~ Munlcl=alltV Calves Neck, Southold Suffolk ~ County 4. PRECISE LOCATION (Street aadress and road intersections, P~marks, etc.. or ~ Ca%v~s Neck Road SCTM#1000r063.00-07.00-034.000 & 035.000 5. IS PROPOSED ACTION: r'] New [] Expansion 6. DEBCRISE PROJECT BRIEFLY: zoning merger. ~-] Modiflcat Ionlalt erat Io~t Separate two tax lots which have ecome one ue o 7. AMOUNT OF LAND AFFECTED: ~ ~ ~ 2 lots 8. [--~Yes [~NO It No, clescribebriefly The property is in~,~000 square feet zoning. WILL PROPOSED ACTION COMPLy WITH EXISTING ZONING OR OTHER FO(ISTING O USE RESTRICTIONS? ~ Whereim most, if not all, nearby property lots are one-h~%!f acre. WHAT IS PRESENT LAND USE IN VICINIIY OF PROJECT? · ~-] Residential [] Industrial :,[~ Commercial r-] Othe~ 10. ODES ACTION INVOLVE A PERMIT A~ROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL A"~Cy (FEDERAL, STATE OR LOCAL)7 r~ye$ [~No If yes, list agency(s) and permitlapprovals Southold Town Zoning Board of Appeals, Southold Town Planning Board, Health Department, Department of Environmental Conservation CY. ~No ,. · 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF My KNOWLEDGE ~ Ap;ltcanu$~ons~/:_ Atty. for Petitioner, Rudolph H. Bruer  Date: J.uly~ 1991 OVER 1 (Continued on reverse side) The N.Y.S. Environmental Quality Review A of th~s form, and an env' ~'n e _~ - . ..ct reguires submission before any action is taken. 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- nifican= 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) E~nvfronmental Aesesemen~ .- 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 X NO 3. Will project alter or have a large effect on ~u% existing body of water? 4. Will project have a potentially large, impact on groundwaeer quality? - Yes X No 5. Will project significantly effect drainage flow on adjacent sites~ .~__Yes X_~No 6~ Will project affect any threatened or endangered plant or animal species? .~Ye s X No 7. Will project result in a major adverse effect on air quality? __Yes XNo 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? Yes X___.No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical envircnmental area by a local agency? _.__Yes X NO i0. Will project have a m~jor effect on existing or future recreational opportunities? ___Yes X___NO 11. Will project result in major traffic problems or CaUSe a major effect to existing transportation · systems? · .___~ee X.___~o 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project,s Operation? ..__Yes X_._.No 13. Will project have any impact On public health or safety? ~Yes XNo 14. Will project affect the existing community by . directly causing a growth in permanent popula- tion of more than 5 percent over a one-year ..._Yes X No period or have a major negative effect on the ~ charact~ of the community or neighborhood? 15. Is there public controversy COncerni . . project? ~ ng the SHORT ~'NVIRONMENTAL ASSESSMENT FO~! INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) Ethel H. Betz (No#) Calves Neck Road Southold, New York B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { x } Yes { } No. (If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to change or alter land contours? { } Yes {x} No 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas shown on the map submitted with this application? Yes 3. Is the property bulkheaded between the wetlands area and the upland building area? No 4. If your property contains wetlands 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? No (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? None If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? Yes If yes, please explain where or submit copies of deeds. De°ds attached I. Please list present use or operations conducted at this parcel vacant land and proposed use ~f~orize~ig~at~r'e and ~ate 3/87, 10/901k July § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6-1984] WETLANDS ]Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L.L. No. 6-1985]: -f ~ .'~ ' ~' · ~? A. ~IDAL WETLANDS: (1) All lands generally covered or intermittently coy- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but .not limited to banks, bogs, salt marsh, swamps, meadows, fiats or other ]ow lying lands subject to tidal action; (2) All banks, bogs, meadows, fiats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following:, salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgrass; and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. Bo FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24, Ti- tle 1, § 24-0107, Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation 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 2- 2s- s~ AUTHORIZATION RE: Subdivision for ETHEL H. BETZ Calves Neck Road, Southold, N.Y. TO WHOM IT MAY CONCERN: I, ETHEL H. BETZ, am the owner of certain real property at Southold, New York, designated on the Suffolk County Tax Map as: District 1000, Section 063.00, Block 07.00, Lots 034.000 & 035.000. applications to the Town Department and the N.Y.S. purpose of obtaining the subject premises. I, hereby authorize my attorney, Rudolph H. Bruer, and/or his legal assistant, Mary Diana Foster, to proceed on my behalf with any and all of Southold, the Suffolk County Health Dept. of Environmental CoDservation for the necessary approvals for a subdivision of the Dated: ~ /t~/91 Ethel H. Betz Q PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 Rudolph H. Bruer Edson and Bruer Attorneys At Law Main Road P.O. Box 1466 Southold, NY 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southotd. New York 11971 Fax (516) 765-t823 December 11, 1990 RE: Betz Property Calves Neck Road, Southold sCTM9 1000-63-7-34 & 35 Dear Mr. Bruer: The Planning Board has reviewed your letter of November 26, 1990, requesting the Board's determination regarding your client's proposal to divide a merged lot. The Board considers this division a Minor Subdivision. If divided, the lots would be undersized under present zoning, and would require review by the Board of Appeals. If you have any questions or require further information or assistance please contact this office. Very Truly yours, Bennett Orlowski, Jr. Chairman cc: Gerard P. Goehringer, Chairman, Board of Appeals November 26, 1990 Pb Southold Town Planning Board Town Hall Main Road Southold, NY 11971 Re: Betz property calves Neck Road, Southold, SCTM ~1000-063-07-034 & 035 NY Dear Sirs: We are the attorneys for Ethel H. Betz, surviving tenant by the entirety to property owned by she and her late husband, Philip F. Betz. The property is located as referenced above and as shown on enclosed map. We intend, on our client's behalf, to apply for the reseparation of these lots, which have merged. In connection therewith, we respectfully request that you review the information set forth hereinbelow. It is our you will determine this subdivision. the client's hope that, under the circumstances, proposal to be a set-off, rather than a minor Tax map Lot ~35 was purchased by Mr. and Mrs. Betz on 6/9/51 from L. Barron Hill and Adelaide H. Hill, his wife. After constructing their home on this lot, Mr. and Mrs. Betz purchased the adjoining vacant lot (tax map Lot ~34) on 7/28/56 from Helen wickham. These lots were single and separate at the time of purchase and remained so until they merged under title with the institution of one-acre zoning on 11/23/71. Our client, like so many other residents of Southold Town, continued to receive separate tax bills for these lots and felt secure that the lots were indeed separate. Advancing years and illness now confine Mrs. Betz to a nursing home, at considerable expense. The vacant lot was her "nest egg" in the event of such financial burdens. Now she and her family find that the property cannot be liquidated to cover her present needs. Please.advise us of your determination. Sin&:er.el y, --, // / ," :// -'./ /' '! . · ~/.c.., t'/,/~ (_.~_ -. '~ ~'" ~'/~ ~o ~Ph ~. Legend  (~) COUNTY OF SUFFOLK I~c. SOUTHOL~ *~,~,...~,~_ ..... Recl Property Tax Service Agency/v~m ~;~e,~eod L.I. New Yor~ J~dC~.,,. ~ ' COUNTY OF SUFFOI.~ ~c,~.** R-90 / R -80 / SOUTNOID A-C / / / I \ \ \ \ TOWN CLERK TOWN OF ~OUTHOLD Suffolk Courtly, New York 516- 765-180! S SURVEY OF PROPER T Y ~ ~ ~o~ A T SOUTHOLD TOWN OF SOUTHOLD ? ,.o,.,,.., SUFFOLK COUNTY, N. Y. ° 1000 - 63 - 07- 34 & 35 June 3, 9 -,% BUILDING ZONE R-40 AREA of 1000-93-07-34 = 26,097 mq. fL OWNER/APPLICANT, AREA of I000-~3-07-35 = 29,692 s~fL PHILIP P. BETZ & ETHEL H. BETZ TOTAL AREA = 55,789 sq. ft. (or 1.281acres) YOUNGS A VE~E Prepped in acc~rd~ce ~/th th~ ~um' C~ _ by the L.LA.L.8. ~d~pro I ~r ~u=h I l . ... .. ,o~,,o,o. ,.~ ,,,,, l~t~/-~'"d.,// 91 - NOTICE IS IIEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters will be held for DubHc hearings before the SOUTHOLD TOWN BOARD OF AppEALS at thc Southold Town Hall, 53095 Main Road, Southold, New York 11971, on MONDAY, DECEMBER 16, 1991 commencing at thc limes specified below: (I) 7:35 p.m. Appl. No. 4066 PELLEGRINI WllqERY. Special Ex- ception to the Zoning Ordinance, Article IlL Section 100-31B.13 for permission to establish wine,~ usc for thc production and sale of wine pro- duced from grapes primarily grown m the location of this vineyard, See Legals, next page Legals... STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK} ~r~.~, ~~,'~ of Mattituck, In said County, being duly sworn, says that ha/she Is Principal Clerk of THE SUFFOLK TIMES, · Weekly Newspsper, published at Mattituok, In the Town of Southold, County of Suffolk and State of New York, and that tho Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once esch week for~/ weeks successively, commencing on the ~) day of Principal Clark Continued from previous page of Property: North'Side of Main Road (State Route 25), Cutcho§ue, NY; County Tax Map District 1000, Se.c- tim 109, Block I, Lot 8.7; bounded on the west by Alec and Cross, north by Jablonski, east by Carnation Prop- antes, south by Main Road. (2) 7:40 p.m. Appl. No. 4067 -- PAOLO LAVAGETTO. Variance to the Zoning Ordinance, Article IItA, Section IO0-30A (Section XXIV, Section 100-244B) for permission to construct garage and storage addinon with reduction in the (westerly) side yard setback on this comer lot. The ALICE C, MacDONALD Notary Public, State of New York No. 4879351 Qualified in Suffolk County ~,~ Commission Exp res Dec 8 I'§.~..~-~ NOTICE OF HEARINGS NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of The Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, NY 11971, on MON-: DAY, DECEMBER 16, 1991 commencing at the times specified below: (1) 7:35 p.m. Appl. No. 4066- PELLIGRINi WINERY. Special Eaception to the Zoning Ordinance, Article III, Section 100-31B.13 for permission to establish winery use for the pro- duction and sale of wine pro- duced from grapes primarily grown in the location of this vineyard. Location of Property: North Side of Main Road (State Route 25), Cutchogue,~NY; County Tax Map District 1000, Section 109, Block 1, Lot 8.7; bounded on the west by Alec and Cross, north by Jablonski east by Carnation Properties, south by Main Road. (2) 7:40 p.m. Appl. No 4067- PAOLO LAVAGETTO. Variance to the Zoning Ordinance, Arti- cle IliA, Section 100-30A (Sec- tion XXIV, Section 100-244B) for permission to construct garage and storage addition with reduction in the (westerly) side yard setback on this corner lot. The subject parcel contains a total lot area of 17,287 sq. ft. and is located in the R-40 Zone District. Location of Property: South side of Mason Drive and the West side of Broadwaters Drive, Cutchogue; County ~ax Map Parcel No. 1000-104-7-7~1 /'~3) 7:45 p.m. Appl. No. ETHEL H. BETZ. Variance'~ The Zoning Ordinance, Article III, Section 100-30A and Sec- tion 100-31A.3, Bulk Schedule, for approval of insufficient lot area and width 9f two parcels in this pending set-off division. Location of Property'. Northeast side of Calves Neck Road, Southold, NY; County Tax Map Parcel No. 1000-63-7-34 and 35. J(4) 7:50 p.m. Appl. No. 4068- ELEANOR SIEVERNICH. Variance to the Zoning Or- dinance, Article XXIII, Section 100-239 and Article III, Section 100-32 for approval of propos- ed Lot No. 1 and Lot No. 2, each having a reduction of the total lot area due to wetlands, and for approval of insufficient width (frontage) of Lot No. 2. Loca- tion of Property: Easterly side of Cox Neck Road, Mattituck, NY; County Tax Map Parcel No. 1000-113-8-5 containingl-a total of 3.7648 acres. 8:00 p.m. Appl. No. 4069- TROY AND JOAN GUSTAVo SON. Request for reversal of determination of the Building Inspector, or alternatively a Variance to the Zoning Or- dinance, Article III, Section 100-31C (4b) {by reference to Article X, Section 100-10lC} for permission to establish lighting "for after dark use of an ac- cessory paddle ball court (also referred to as a platform tennis court structure):' After-dark use is prohibited under the provi- sions of the zoning ordinance relative to accessory tennis court structures. Location of Proper- ty: 7785 Main Road, Mattituck, (Laurel School District), Lot No. 1, Minor Subdivision Map of Sunbow Associates; County Tax Map Parcel No. 1000-122-6-29.1. lo¢ I The Board of Appeals will at I 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 hear-, lng. Each hearing will not start before the times designated above. For more information, please call 765-1809 or visit our office. Dated: November 29, 1991. ~ BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P, GOEHRINGER CHAIRMAN By: Linda Kowaiski e,~ 1X-12/5/91(44) COUNTY OF STATF. OF NEW YORK Patricia Wood,' being duly sworn, says that she is the Editor, of THE LONG ISL~N~D TRAVELE~, ;i pt,blic ncws~-~ape--'~ prTn-~ed at So~ i7 Suffolk County; and Ihat the notice or which the annexed is a printed copy, has hcc'n .publishe I in said I_ong IsLand 'l'ravelcr-Walchman once each week for ./. weeks successively, commencing on the ......... '~ . clay of December 19 91 Sworn Io hef.,'c me Ihls ~c''z:~ ..................... dily of December 1991 Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, st?re of New Y0t: No. 4806846 Oualified in Sullolk CoL)nty,, Commission Expires NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, JANUARY 23, 1992, coxa- mencing at the times specified below: (I) 7:35 p.m. Appl. No. 4073 --MR. AND MRS. EDWARD M. CUMMINGS. Variance.to the Zoning Ordinance, Article III, Section 100-33, for permis- sion to relocate existing garage to another location in the front yard area. Location of Property: 4775 Paradise Point Road, Southold, NY; County Tax Map Parcel No. 1000-81-1-24.5. (2) 7:40 p.m. Appl. No. 4079 --GEORGE STORM. Variance to the Zoning Ordinance, Arti- cle XXIII, Section 100-230C(1) for approval of fence areas which will be in excess of the four-foot height limitation. Location of Property: 105 Bridge Lane, Cutchogu~, NY; County Tax Map Parcel No. 1000-118-3-3.5, also known as part of Lots 128 and 127 on the Amended Map of Nassau Point. (3) 7:45 p.m. AppL No. 4075 --MICHAEL HERBERT. Vari- ance to the Zoning Ordinance, Article IX, Sections 100-9lA and Section 100-92, Bulk, Area and ,Parking Schedules, for per- rmsston to establish business sales office in addition to exist- ing uses as an owner-occupied two-family dwelling with mana- ger's quarters. The lot area ap- plicable to each use in this Ham- let-Business Zone District is 20,000 per unit/use. The lot as exists is nonconforming for the existing principal uses.having a total lot area of 20,129_+ sq. ft. Location of Property:-795 Pike Street, Mattituck, NY; County Tax Map Par'eel No. 1000-140-2-23. (4) 7:50 p.m. Appl. No. 4077 --THOMAS MONSELL. Vari-. antes to the Zoning Ordinance, Article ILIA, Section 100-30A.3, Bulk and Area Schedule, for ap- proval of the size of each pro- 40,000 sq. ft. each, exclusive of wetland meadow areas and inclusive of proposed right-of- way easement areas as shown on the pending Minor Subdivision Map prepared by Roderick Van- 'lhyl, PC., L.S. (lastly dated July 29, 1991), under consideration at this time by the Southold Town Planning Board. (Note: This ap- plication is not for 280-A access approval under New York Town Law since the Southold Town Planning Board will have jurisdiction over the proposed rights-of-way under its subdivi- sion reviews.) Location of Pro- percy: Southerly end of Monsell Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-138-1-2.1, 9.1, 13.1, 14, con- talning a total area as exists of 3.0 acres. (5) 7:55 lxm. Appl. Na ,~47-- COUNTY OF SUFF, £'I'A'I'['~ ()[: NEW YORK ss: Patrlcia Wood,' being duly sworn, says that sl~e is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed al S.outhold, in Suffolk County; and that the notice of ,.vhicl~ the annexed is a prinled copy, h,~s heen publs~ec in said l.ong Island 'l'raveler-Walchn~an once each week for. ..................... ./ .... weeks successively, commencing on the clay of...J. 0.~.u.8,~.~' ......... 199.~. . . January ,19 ?2 Article III, Section 100-30A and; ' ...... Section 100-31A.3, Bulk Sche- J dule, for approval of insufficient I lot area and width of two par- I cels, as conveyed by deeds in. 1951 and 1956. Location of Pro- petty: Northeast side of Calves Neck Road, Southold, NY; County Tax Map Parcel No. 1000-63-7-34 and 35. The Board of Appeals will at . said time and.place hear any and siring to be heard in the above also be submitted prior to the conclusion of the subject hear- ing. Each hearing will not start before the times designated' above. For more information, please call 765-1809 or visit our: office, i. Dated~JiilllrarY~~i BY ORDER OF -- THE SOUTHOLD TOWN BOARD OF APPEALS / GERARD P. GOEHRINGER j CHAIRMAN / By Linda Kowalskij . ' IX, 1/16/92 (21)I Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, SJ.'.Je 0l New York No. t1806846 Oualiliod in SulJoik Co~ntYl Commission Expires y3t//7.'Z ~ ~-..~ NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and the Code of the Town of Southold, thc following matters fo~ thc SOUTHOLD TOWN BOARD OF APPEALS at the Scuthold Town Hail, 53095 Main Road, Southold, New York 11971, on THURSDAY, JANUARY 23, 1992 commencing at the times specified below: (1) 7:35 p.m. AppL No. 4073 -- MR, AND MRS. EDWARD M. CUMMINGS. Variance to the ing Ordinance, Article IH, Section 100-33, for permission to relocate existing garage to another location in the front yard area. Location of Property: 4775 Paradise Point/ Road, Southold, NY; County Tax Map Parcel No. 1000-81-1-24.5. (2) 7:40 p.m. Appl. No, 4079 -- GEORGE STORM. Variance to the Zoning Ordinance, Article XXIII, Section 100-230C(1) for approval of fence areas which will be in ex- cess of the four-foot height limita- tion. Location of Property: 105 Bridge Lane, Cutchogue, NY; County Tax Map Parcel No, 1000- 118-3-3.5, also known as part of Lots 128 and 127 on the Amended Map of Nassau P~mt. (3) 7:45 p.m. Appl. No. 4075 -- MICHAEL HERBERT. Variance to the Zoning Ordinance, Article IX, Sections 100-9lA and Section 100- 92, Bulk, Area and Parking Sched- ules. for permission to establish business sales office in addition existing uses as an owner-occupied two-family dwelling with mau- a§cr's quarters. The lot area appli- cable to each use in this Hamlet- Business Zone District is 20,000 per unit/usc. The lot as exists is nonconforming for the existing principal uses having a total lot area of 20,129~ sq. ft. Location of Property: 795 Pike Street, Matti- tuck, NY; County Tax Map Parcel No. 1000-140-2-23. (4) 7:50 p.m. AppI. No. 4077 -- ~GIOMAS MONSELL. Variances to the Zoning Ordinance, Article IHA, Section 100-30A.3, Bulk and Area Schedule, for approval of the size of each proposed Lots gl, g2 and~'~' #3, at 40,000 sq. ft. each, exclusive of wetland meadow areas and inclusive of proposed right-of- way easement areas as shown on thc pending Minor Subdivision Map prcparcd by Roderick VanTuyl, P,C., LS. (lastly dated July 29, 1991), under also consideration at this time by the Southold Town Planning Board. [Note: This application is not for 280-A access approval under New York Town Law since the Southold Town Planning Board will have jurisdiction over the proposed rights-of-way under its subdivision reviews.) Location of Property: Southerly end of Monsell Lane, Cutchogue, NY; County TaxMaP9 1,~/' Parcel No. 1000-138-1-2.1, 13.1, 14, containing a total area as exists of 3.0 acres. ~ (5) 7:55 p.m, Appl, No. 4047~ [~ YORI~ ETHEL H. BETZ. (Continued from} December 16, 1991 as requested by adjacent property owner). Variance / ) ~I, Section 100-30A and Sectio: C i00-3lA.3, Buik Schedule, for ap- f Of Mattltuck, In proval of insufficient lot area and!l haln~ dul~ awem, ~/s that ha/she b grll~ll~l width of two parcels, as conveyed y deeds in I951 and 1956. Loca E SUFFOLK TIMES, a Weekly Newspaper, Lion of Property: Noaheast side of / ~alves Mattltuck, In tho Town of Southold, County of Neck Road, Southold, NY; County Tax Map P.arce~ No. 1000- 6C3_7_34 tate of New York, and that the Notice of which 3nd 35. ~ The Bo.rd of Appeals will~ g a printed oo~, ha~ bfln regulady publish~l In time and place hear any anda~B ~f- iper once each week for / weeks sons or representatives desiring to be hcard in thc aimvc matters. Writ-/-\<l I commencing on the /~,"/~- day of ten comments may also be submit- ted prior to the conclusion of the subject hearing. Each hearing will not start before the times desig- nated above. For more information, please call 765-1809 or visit our office. Dated: January 13, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linde Kowalski day of Principal Clerk \\~3 rernothis /~ Oualified i~ Surfak ?~r~( q ). BOARD OF APPEALS, TOWN OF $OUTHOLD In the Matter ot the Petition of Ethel H. Betz to the Board of Appea~s of the Town of Southold TO: Ms. Clara B. Jerknes · Box 864 Southold, New York 11971 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: ~ 1. Th,~lLiljgL~e intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a(LVariance~ (Special Exception) (Special Permit) (O:he:) [c.i._r¢l e choice] 2. That the property which is the subiect of the Petition is located adiacent to your property and is d~s- ctibed as follows: (Nol/) Calves Neck Road, Southoldt New York also known on the Sul:golk County Tax Map as District 1000, Section 063.00, Block 07.00 and Lots 034.00 and 035.000 4 That b~ such Petition, the undersigned will request the following relief: Separate two tax lots W~lJ. ch h&ve become one due tn $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section lO~-~(] a~d 100-31(A) [ ] 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. (5].6) 765-].809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Owners'Names: Ethel H. Betz , Post Office Address P.O. Box 1466 Southold, New York 11971 Tel. No. ( 516 ) 765-1222 [Copy of sketch or plan showing proposal purposes.] to be attached for convenience PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: of ."T,;Iq ,19 91 , residing at &..JJ ."~.~Sann T.--~ n ....... ~ ~ , being duly sworn, deposes and says that on the ?~.~ day , deponent mailed a true copy of the Notice set forth on the re- verse side he~eof,'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 Of- fice at $outhold ; that said Notices were mailed to each of said persons by ~(registered) mail. Sworn to before m~; this day of ~ '~-LL~ , 19 ~J- Notary Public DONNA M. CHITUK NOTARY PUBLIC, State of New York, )'Jo 4351459, Suffolk Countyj,,. Term £xpires August 18, ]9..'Ju~ (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter ot the Petition of Ethel H. Betz ~othe Board of Appeals ofthe Town of Southold TO: Mr. Philip Van Bourgondien 1285 Calves Neck Road Southold, New York 11971 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Tha~ J.,~LL~e intention of the undersigned to petition the Board of Appeals of the Town of Southold ~ torequesta V~iance.)(Special Exception) (Special Permit) (Other) [ci:cle choice] ~ ). 2. That the property which is the subiect of the Petition is located adiacent to your property and is des- crJbed~sfollows: (No~/) Calves Neck Road~ Southold~ New York also known on the Suffolki County Tax Map as District 1000, Section 063.00, Block 07.00 and Lots 034.000 anc~ 035. 000 3. That the property which is the subject of such Petition is located in the following zoning district: 4 That b~ such Pe6tiun, the undersigned will request the following relief: Separate two tax lots which have become one due to zoning ~erg~r, $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare ~le III Section 100-30 and 100-31¢A~ [ ] Section ZS0-A, New York Town Law for approval of access over rJ§ht(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) 765-1809. 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, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. .,,ed:' t orney : r Jolph U. Brier, sq. Owners'Names: Ethel H. Betz Post Office Address P.O. Box 14~6 e~,,~k^~ ~ .... v,~.-~ 11971 Tel. No. (516 ) 765-1222 [Copy of sketch or plan showing proposal purposes.] to be attached for convenience NAMI[ PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK) , being duly sworn, deposes and of --~'-~.~ j~/ ,19 9[ , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, all'retted 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 S~ates Post Of- fice at $ggtho] d ; that said Notices were mailed to each of said persons by ~ (registered) mail. Sworn to before me this ~, ~ of -'~(J~ ,19 91 Notary Public DONNA M CHITUK NOTARY PUBUC, State of N~w Yo~ No. 4a5~4!~, su~olk coe.t~el.. Term Expire~ August ].8, ]9~ (This side does not have to be completed on form transmitted tJ"adjoining property owners.)