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Home My WebLink About3893 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 .ACTION OF THE BOARD OF APPEALS Appl. No. 3893 Matter of MICHAEL AND CLAIRE GLEW. Variance to the zoning Ordinance, 280-A Approval of Access Right-of-Way, (Article XXVIII, Section 100-281 B, construct a one family dwelling). Property Location: 61339 Main Road, Southold, County Tax Map No. 1000, Section 56, Block 1, Lot 41. WHEREAS, a public hearing was held and concluded on December 19, 1989 in the matter of the Application of MICHAEL AND CLAIRE GLEW, under Appeal No. 3893; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the north side of Main Road 25 S.R., Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 56, Block 1, Lot 41. 2. This is an application for Variances from the Zoning Code 280-A Access Right-of-Way, (Article X_XVIII, Section 100-281 B), for permission to construct a one family dwelling. Page 2 - Appl. No. 3893 Matter of MICHAEL AND CLAIRE GLEW Decision rendered January 9, 1990 3. 280-A Approval of Access of Right-of-Way, Article XXVIII, Section 100-281 B, No building permit shall be issued for the construction or alteration of any building upon a lot without access to a street or highway as provided by 280-A of the Town Law. 4. In considering this application, the Board finds and determines: la) That the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that there is no other method for appellants to pursue; (c) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (d) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was Page 3 - Appl. No. 3893 Matter of MICHAEL AND CLAIRE GLEW Decision rendered January 9, 1990 RESOLVED, to GRANT a Variance in the matter of the application of MICHAEL AND CLAIRE GLEW as applied under Appeal No. 3893 for approval of 280-A, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the road be width widen to 12 ft. north of railroad crossing for a distance of approximately 680+- ft., to beginning of subject property. 2. Grade road at R.R. crossing with additional fill to provide grades not more than 8% with 1 on 4 side slopes. Use material containing 15% or more of small gravel, sand and 15% or more of loam. 3. Place a 2" compacted surface of 3/4" stone blend on the 12 ft. width. 4. Last 250+- ft. (12 ft. width: Do any necessary clearing to provide 3 ft. of clearance on sides of road. 5. A profile should be submitted indicating how this 250 ft. length road will meet the present road as updated. 6. Remove topsoil for 12". Replace with compacted material same as shown at 2. Note: The profile will indicate depth of replaced material which should not be less than 6". 7. The purpose and cause of this enhanced 280-A approval is to maintain access of proposed 94,829 sq. ft. lot of minor subdivision, therefore, improvements are to be made only to beginning of this lot. (shown as lot #2 on minor subdivision lot Dated: 1/26/89 R. Van Tuyle), remaining improvements are contained in Appeal 3605, Ted Dowd, rendered on July 16, 1987. 8. That final approval for the road shall be inspected by Board of Appeals. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, and Dinizio (Absent: Joseph Sawicki). This resolution was duly adopted. RECEIVED AND FILED BY THE $O~37~C'LD TOV/N CLERK Town Ch~rk, Tov;n cf Southold ERARD P. COEI~ING~4{~HAIRMJ~ APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH R. SAWlCKI JAMES DtNIZlO, .IR. Southold Town Board of Appeals MAIN ROAD ' STATE ROAD 25 P.O. BOX 1179 $OUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 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 hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on TUESDAY, DECEMBER 19, 1989, at the following times: 7:30 p.m. Appl. No. 3870 - MATTHEW CUSUMANO. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d, (Article IIIA, Section 100-30 A.3) as disapproved, for permission to construct a deck and other additions, proposed construction will be less than 75 ft. from water or wetlands and will have insufficient front and rear yard setbacks. Property Location: 435 Briarwood Lane, Cutchog~e, County Tax Map No. 1000, Section 136, Block 01, Lot 01. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 7:35 p.m. Appl. No. 3868 - NICHOLAS NICKOLAUS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d A, as disapproved, for permission to construct addition to existing one family dwelling and accessory building, proposed construction is less than 100 ft. from bluff of'Sound in this R-80 Zone District. Property Location: 17555 Soundview Avenue, Southold, County Tax Map No. 1000, Section 51, Block 1, Lot 2. 7:40 p.m. Appl. No. 3881 - WARREN AUGENTHALER. Variance to the Zoning Ordinance, Article III, Section 100-33, for permission to construct accessory building in frontyard area. Property Location: 7225 Nassau Point Road, Cutchogue, County Tax Map No. 1000, Section 111, Block 15, Lot 12. /~_ 7:45 p.m. Appl. No. 3893 - MICHAEL AND CLAIRE GLEW. ~ one family dwelling). Property Location. 61339 Main Road, \ $outhold, County Tax Map No. ~000, Section 56, Block 1, Lot 41. \ Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 7:50 p.m. Appl. No. 3873 --.VINKO NALETILIC. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, for permission to construct a deck addition, construction exceeds permitted lot coverage of this R-40 Zone District. Property Lucation: 780 Orchard Street and 1300-2nd Street, New Suffolk, County Tax Map No. 1000, Section 117, Block 7, ~ot 22. 7:55 p.m. Appl. No. 3879 CHARLES MALONE. Variance to the Zoning Ordinance, Article XXIII, Section 100-230C (1), 100-231 A., for permission to construct a 6 ft. fence in frontyard area, fence exceeds 4 ft. Sea Drive, Southold, 5, Lot 19. in height. Property Location: 358 North County Tax Map No. 1000, Section 54, Block 8:00 p.m. Appl. No. 3886 - ROBERT STAPLES. Variance to the zoning Ordinance, Article XXIII, Section 100-239d (C), for permission to construct a new dwelling adjacent to freshwater wetlands in this R-40 Zone district, proposed dwelling will be closer than 75 ft. from freshwater wetland. Property Location: 785 Wilmarth Avenue, Greenpo~, County Tax Map No. 1000, Section 41, Block 1, Lot 7. Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 8:05 p.m. Appl. No. 3894 - JOSEPH AND LAWRENCE PEARLSTEIN. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B, for permission to construct deck addition with insufficient front yard setback. Property Location 2225 North Sea Drive, Southold, County Tax map No. 1000, S~ction 54, Block 04, Lot 23. 8:10 p.m. Appl. No. 3892 - ANTHONY BOLLETINO. Variance to the Zoning Ordinance, Article III, Section 100-33, for permission to construct an accessory shed and gazebo in front yard area. Property Location: 16705 Main Road, Route 25, East Marion, County Tax Map No. 1000, Section 23, Block 1, Lot 14.6. 8:15 p.m. Appl. No. 3888 ERNEST TARMIN. Variance to the Zoning Ordinance, Article III, Section 100-33, for permission to ~construct Accessories; pool, tennis court and shed in front yard area. Property Location: 29823 Row off Main Road, Orient, County Tax Map No. 1000, Section 14, Block 2, Lot 1.10. Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 8:20 p.m. Appl. No. 3887 ~ MARK AND ELLIE GORDON. Variance to the Zoning Ordinance, Article III, Section 100-33, for permission to construct a tennis court in frontyard area. Property Location: 1019 Private Road #7 Fords Road, Southold, County Tax Map No. 1000, Section 87, Block 1, Lot 18.4. 8:25 p.m. Appl. No. 3891 - ELIZABETH JOHNSTON. Variance to the Zoning Ordinance, Article III, Section 100-32.4 (A), for permission to construct a lap pool, accessory pools not permitted in frontyard area. Property Location: Row off Oregon Road, Cutchogue, County Tax Map No. 1000, Section 073, Block 02, Lot 0l. 8:30 p.m. Appl. No. 3884 - DICKINSON/THOMPSON. Variance to the Zoning Ordinance, Article I, Section 106-20, (Article III, Section 100-32), for approval of insufficient area in this pending division of land and Bulk and Parking regulations. % Property Location: Main Bay~iew Road, Southold, County Tax Map No. 1000, Section 078, Block ~09, Lot 30. Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 8:35 p.m. Appl. No. 3889 --.TIMOTHY AND GEORGE WELLS. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, Bulk and Parking Regulations, (Article I, Section 106-20), for approval of insufficient area in this pending division of land. Property Location: South Harbor Road, Southold, County Tax Map No. 1000, Section 075, Block 07, Lot 1.~, 1.4, 1.5. 8:40 p.m. Appl. No. 3890 - WALTER GLASSER. Special Exception to the Zoning Ordinance, Article IX, Section 100-91, for permission for change of use from Place of Worship to Office/Apartment. Property Location: 475 Beckwith Avenue, Southold, County Tax Map No. 1000, Section 061, Block 1, Lot 25. 8:45 p.m. Appl. No. 3882 - BIDWELL WINERIES. Special Exception to the Zoning Ordinance, Article III, Section 100-30, for approval of consumer tasting and retail sales from the Winery. Property Location: Route 48, Cutchogue, County Tax Map No. 1000, Section 96, Block 4, Lot 4.3. Page 7 - Notice of Hearings Soathold Town Board of Appeals Regular Meeting of December 19, 1989 8:50 p.m. Appl. No. 3896 --JERRY GAMBONE AND KES ZAPKUS. Special Exception to the Zoning Ordinance, Article IX, Section 100-91, for permission to have Office/Retail business on first floor and residential rental apartment on second floor. Property Location: 55415 Main Road Southold, County Tax Map No. 1000, Section 62, Block 1, Lot 12. 8:55 p.m. Appl. No. 3872 - COMPASS TRANSPORTS. Resolution to conclude hearing in its entirety. 9:00 p.m. Appl. No. 3770 PORT OF EGYPT. Proposed motion of the Board to re-open said hearing closed on November 8, 1989. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted ~rior to the conclusion of the subject hearing. Each hearing will not start before time allotted. Additional time for your presentation will be available, if needed. For more information, Please call 765-1809. Dated December 4, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER CHAIRMAN By Doreen Ferwerda FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date .......................... , 19. . To ~ ~.~....~...~...~..~~ .... ~4../~¢. ................... PLEASE TAKE NOTICE that your application dated .~ .~?. 0~. I for permit to ~../~¢~.....~tg.... 49tj¢~.. ,: ../ ................... Location of Property e o. Street County Tax Map No. 1000 Section ..... ~0 ..... Block ...Z ......... Lot .~a. Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds .~..~.~ .~~. : / ~ ~.~ ~ ~/ . . ~ . . ~.~ . ~. ~ . ~ ....... · .... ..... RV 1/80 TOWN OF $OUTHOLD, NEW YORK BOARD APPEALS, TOWN SOUmOLD, N. Y. '(We) ............. ...... .............................................. Name of Appellant Street and Number ....O..r.,.i.,e,..n,.t,.; ............................................................................ _N_y. ., . .1. .1. . .9. .5. 7' ....... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Michael & Claire Glew Name of Applicant for permit of PO BOX 188 Orient NY 11957 Street and Number Municipality State ' PERMIT TO USE PERMIT FOR OCCUPANCY Approval of Access 1. LOCATION OF THE PROPERTY 61339 Main Road Res/Agr Street /Hamlet / Use District on Zoning Mop District 1000 Section 56 Block 1Lotp/o4.1 _ .................................................................................. uurren~ Owner Michael & Claire Glow Mop No. Lot No. Prior Owner James P, Kelly 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 Section 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( ) 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. Lows Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) (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 ...................................................................... (X) ( ) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Form ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because it would preclude us from building our one family dwelling which would make it necessary to leave the area. 2. The hardshipcreotedis UNIQUE and isnotshared by all properties alike in the immediate vicinity of this property and in this use district because a house exists on the remaining 7 acres of property, also there is a house on SCTM# 1000-56-1-11.1 which uses the same access. SCTM#1000-56-1-5.1 has approval of access from the Southold Town Zoning Board of Appeals. 3. The Variance woulJ observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE~ISTRICT because this use most conforms to the expressed desires of the local authorities, and the homes in the area. We would not destroy the area but rather enhance it. STATE OF NEW YORK ) ) ss COUNTY OF ) Signature Sworn to this J .............................................. day of ...~.....~....~..:.< ..~ff..-~-' . .......... 19 Notary Pul~lic ~ LINDA J. COOPER Notary Public, State of New York No. 48:22563, Suffolk County//, Term Expires December 31, 19 TOWN OWNER FOR~AER OWNER OF $OUTHOLD RES. ,,~/~ STREET PROPERTY RECORD ~oo~ VI LLAGE s,_' g'/; SEAS. VL. FAL~ COMM. LAND IMP. TOTAL DATE REMARKS /o/r ~/?4 AGE N~'W BUJLDING CONDITION BELOW ABOVE NORMAL FARM. Acre Tillable 1 Tillable 2 Tillable 3 Woodland Swamplond Brushlond House Plot //,~ Total Value Per Value Acre CARD E W r' SUB. LOT ACR. J ~ ~PE OF BUILDING ~ CB. MISC. ~kt. Voluo BULKHEAD DOCK DEPTH FRONTAGE ON ROAD FRONTAGE ON WATER M. Bldg. Extension E:rtension Extension IIIIII COLOR TRIM Foundation Basement Ext. Walls Fire Place Type Roof Porch Recreation Room Porch Dormer Breezeway Driveway Garage Patio O.B. Total y £-~ , Bath / Floors ~/./y, ~ Interior Finish He~t Rooms Ist Floor Rooms 2nd Floor Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L..I., N.Y. 11971 TELEPHONE (516) 765'1809 FAX NO. (516} 765'1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. January 26, 1990 Mr. and Mrs. Michael Glew P.O. Box 188 Orient, NY 11957 Re: Appl. No. 3893 - Michael and Claire Glew (variance). Dear Mr. and Mrs. Glew: Transmitted for your records is a copy of the recent determination rendered by the Board of Appeals concerning your application. Please be sure to return to the Building Department and all other involved agencies for proper permits as may be necessary before commencing construction activities. A copy of this decision has simultaneously been transmitted to the Building Inspectors' Office for their files and update. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda Enclosure Copy of Decision to: Building Inspectors' Office COVENANTS AND Fi~PTRICTION~ - OREGON e ~main, ~t~e~ ~han o~e private dwel~i~,~ fo~ t~ ~ ~ garmge for not ~or~ thm~ t~o ~ara~ A one {to~ dwe~i~ e~tad the~e~, a~lt ~v~ e l~at f~r are~ of ~ot leas t~n ~elve h~- d~d (1~200) aq~re feet a~ a two a~or7 dweH~ sh~ ~ a ~t i~l~tv~ ~:hes, h~ez. ewaya, car~ or ga~gee, All No mobile tTpe homes or t~C, ers shaxi ~ kept, ~ed0 me.ed e~ce~[o~ o! ~oat ~i/ers~ *~v~i~ ~r ~e ~pt ~ the ~-ear o~ ~he premtaa~ d~ellin~ o~' a~7 othe~ ~tr~t,'ire on ~ay ~t, No fences or wa~la vr aimllar ~tru~ta~, · ~e st,~,ai& be bailt or p!aced ~koon any !bt e~eepi t,hat ~plit fait /e,~:cea more than ~o~ ~'eet t~ height ace No noxioc~a or offe.~:.~ive activity ,i;nli [,, e~a~-ried on upor., a~y lot. nor ~hall a~ythi~:g b~ done ti)ere~.~ which may be or may k~come The e~tertor of all .'~.ildlnga ol~ tee ~ot tn'at ;~e maintained in go~ conditio~ and ~epa~r aD as not ~o ' ~ ~ ~,~ ~me ~sigh~y, the lawns ~ust ~ kept cai short, and the premises itl general ~ neat and tidy. The Declarant reRerves tb[: ,~,;le ,,~ ight ,:.;* grant franchise and c~i,.aent for tb.,~ ii:~ta~at:~ u~d ma~ate~;:~ce el any public ~tility in, o~er, upon ar.d acro~s any of tl~e streets in the development, including, withou~ [tmitatio~, the right to ~y water and gas mai~s, other alii!tiaa in, over, ~pon ann ucroa~ the aa~d atreet~. The ~claran~ does ai~o reserve for himoelf and ate succeasors in L~t~re~:t a perpetual easement ~ot to exceed five (5) feet in width, along the ~ear and aide l,nea of each lot in the de:~elopmant, for utility i~tal!atior: and mu~tenanceo -1- 10. 11. e* tach and every lot conveyed m the subd~v(a[o~ shall be' subject to an srmual charge in such amoant as will be fixed by Declarant, h~s successors and assigns, not, boy, ever, exceeding in say year th~ sum of f~fzy dollars ($50~00) per fat. The asstg~ of the Dec~arant may include a property owner's associat[o~ which may hereafter be organized, and ~n case ~uch [zed, ~he ~um pro~dcd for in this paragraph such assoc(ation~ Fhe owner of any lot for himself, successors and assigns covenants that he wi~ pay this cha~ge to the Declarant, his ~uccessors a~d assigns, on the f~rst day of January in each and every year, and furthe~ C~enants that said charge sha~ on said date in each year ~come a lien on the land and shall continue to be such lien tlntil f~ly pai~. Such charge sha~ be payable zo the Declaran~ or his successors and assi~, and shall be devoted to the mainteaance ~f the roads, and such other public purposes as shall from time to ti,ne be determined by the ~clarant, his successors andlor assigns. ~nd a party by the acceptance of a deed, hereby exlgressly ~sts in the Declarant, his successors and a~signs, the r~ght and powe~ to bPim~ all actions against the owner of the premises hereby conveyed or any ?art thereof for the collection of ~ai] charge an~ to enforce th~ afor,~a~d l~en therefor., The Declarant reserves the rivht tu dc~dicate all streets, roa~is, draigage areas and uaaetnents to the Fo,xn of Sou%~oid fac ink, hr..ay and dramage porpoises. ['he Declarant, his successors or as~Cns, wnet[~er or not own[n~ any part of the aforesaid land, sim]! ha,c the right to altar, n~od[fy or and sha~ also have the pow,~r to assign ~;uch ri~kts (with or ~%ithout a conveyanc~ of any title to any part uf th~ aforesa2_l land) IU an [nstru- n]ent tn reco~dablc for~n. Sho~3 the Declarant n~ any ti:ne as.si~n such right, asstgne~s thereof shall succeci [o ail the right~ and puwcr~ ~f ih Declarant hereunder, whether or n~t such assi4~ees have any title [o any part of the aforesakt [and. Failure by the Declarant: []is successors o~' as.s~ns, or an owner, to enforce any of the provi~tons ilerem ~hall in no event be deemed a waiver of the right to 3o so thereafter, h~ galtdat(on,¢f any one of thes~ covenants by jud~nre:l[ or court order sha~ m ~1o w~se affect any of th~ other provisions wh[cl; s{m~ rert,ain in fail force and cffect~ These eD',Chants J,,~,( restrmtivt~: ~:hn[l run w~th the land ixereby conveye and skall bins and ia~re to the benefit of ~hc said l)acties, their h~drs, admini.~tcators and asst~ns until January i, i():;o, and said covenants re~t~'ictions n~ay ~,e enforced by action fur dal]~a~es or ~njunctions or ~:ii the first day of.Jsnuary,~ ~p/l -2- Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTY L. HARRIS Supervisor Fax (516) 765~1823 Telephone (516) 765-1800 April 25 1990 Claire Glew P.O. Box 188 Orient, New York 11957 RE: Set-off Proposal for James Patrick Kelly SCTM# 1000-56-1-4.1 Dear Mrs. Glew: Enclosed is the Trustees report of April 18, 1990, regarding the above mentioned subdivision. The Planning Board wants a seventy-five (75) foot conservation easement around the pond to be shown on the final map. The following terms and conditions shall apply to all land lying within the conservation easement: No structure or building shall be placed within the easement area. The terms "structure" and "building" shall be interpreted as including swimming pools; patios; garages; sheds and other storage buildings; structures for the housing of domesticated animals; the storage of boats, trailers, recreational vehicles; and the placement of fences, retaining walls and bulkheads. The entire easement area shall remain in its natural state. The easement area shall not be filled with soil, sand, brush or other debris. Please incorporate the above mentioned covenants and restrictions into proper legal form. A copy of the draft Declaration of Covenants and Restrictions must be submitted to the Planning Board office for review by the Planning Board and the Town Attorney. Once the document is approved it must be filed in the Office of the County Clerk prior to any endorsement of the map by the Chairman. The final maps must state that a Declaration of Covenants and Restric{ions has been filed, and must include the Liber and Page number of the filed document. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman enc. cc: John M. Bredemeyer III, President, Board of Town Trustees TRUSTEES John M. Bredemeyer. III, President Henry P. Smith, Vice President Albert J. Krupski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Roa, P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: RE: DATE: Planning Board Board of Town Trustees Patrick Kelly/Claire Glew April 18, 1990 The Trustees inspected the site on April 17, 1990 and request that no construction or activities take place within 75' of the pond as noted on the Van Tuyl survey dated January 26, 1989. Page 3 - Appl. No. 3893 Matter of MICHAEL AND CLAIRE GLEW Decision rendered January 9, 1990 RESOLVED, to GRANT a Variance in the matter of the application of MICHAEL AND CLAIRE GLEW as applied under Appeal No. 3893 for approval of 280-A, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the road be width widen to 12 ft. north of railroad crossing for a distance of approximately 680+- ft., to beginning of subject property. 2. Grade road at R.R. crossing with additional fill to provide grades not more than 8% with 1 on 4 side slopes. Use material containing 15% or more of small gravel, sand and 15% or more of loam. 3. Place a 2" compacted surface of 3/4" stone blend on the 12 ft. width. 4. Last 250+- ft. (12 ft. width: Do any necessary clearing to provide 3 ft. of clearance on sides of road. 5. A profile should be submitted indicating how this 250 ft. length road will meet the present road as updated. 6. Remove topsoil for 12". Replace with compacted material same as shown at 2. Note: The profile will indicate depth of replaced material which should not be less than 6". 7. The purpose and cause of this enhanced 280-A approval is to maintain access of proposed 94,829 sq. ft. lot of minor subdivision, therefore, improvements are to be made only to beginning of this lot. (shown as lot ~2 on minor subdivision lot Dated: 1/26/89 R. Van Tuyle), remaining improvements are contained in Appeal 3605, Ted Dowd, rendered on July 16, 1987. 8. That final approval for the road shall be inspected by Board of Appeals. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, and Dinizio (Absent: Joseph Sawicki). This resolution was duly adopted. dl RECEIVED AND FILED BY Ti{E SOUTi~CLD TO¥;N CLEiL,'( Town CL.~rk, Town cf Southold /~ERARD P- G~OEHRING~CHAIRMAN COUNTY OF SUFFOLK '. Real Property Tax Service Agency 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 2O 21 22 23 24 25 Map indicating the surrounding properties in the area. Is there somebody who would like to be heard on behalf of this application? Mark, you're not here for the third Hearing tonight; are you? MR. KNOBLOCH: Kevin. No. MR. GOEHRINGER: Is there anybody who would like to speak against the application? Questions from Board Members? There being no further questions I make a motion to close the Hearing reserving a decision until later. MR. SAWICKI: Second. MR. GOEHRINGER: THE BOARD: Aye. MR. GOEHRINGER: Ail in favor? The next appeal is on behalf of Michael and Claire Glew, it is appeal number 3893. The legal Notice reads as follows: "On application the applicants 3893 variance to the Zoning Ordinance, 280-A approval of access right-of-way, Article XXVIII, Section 100-281 B, to construct a one-family dwelling. Property location is 61339 Main Road, Southold, County Tax Map No. 1000-56-01-41.". I have a copy of the survey dated January 26, 1989, from Roderick VanTuyl, P. C., RAM Court Reporting Service 216 Court St.,Riverhead~ N.Y., (516) 727.3168 1 2 $ 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 12 indicating the 280-A status and the right-of-way to wit: parcel of property of which these applicants are presently on, which is Lot No. 2 of this subdivision which is 94,829 square feet. And the nature of this application is the access to that. Would either one of you like to have something to say? MR. GLEW: No. MR. GOEHRINGER: I know we never met you before, Mike, but I did mention to Claire, with her status in the Town Hall, that you are aware that we had a 280-A approval on this particular right-of-way already and that is the one that Theodore Dowd had. MR. GLEW: Right. MR. GOEHRINGER: What we will do is address the improvements that we were dealing with with him. If we feel that those improvements have to be enhanced in any way, we'll enhance them. If not, we will just keep it status quo and continue with the same improvements for your property as well as his. MR. GLEW: Okay. MR. GOEHRINGER: All right. If you don't RAM Court Reporting Service 216 Court St.,Riverhead, N.Y., (516} 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 13 have any objection to that, we'll continue on. MR. GLEW: Thank you. MR. GOEHRINGER: Is there anybody else who would like to speak in favor of this application? Anybody that would like to speak against the application? Questions from Board Members? Okay. Hearing no further questions, I make a motion to close the Hearing reserving decision until later. MR. SAWICKI: Second. MR. BOEHRINGER: All in favor? THE BOARD: Aye. MR. GOEHRINGER: Thank you very much for coming here. The next appeal is appeal number 3873 on behalf of Vinko Naletilic. It's appeal number 3873. The legal Notice reads as follows: "On application the applicant 3873 variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, for permission to construct a deck addition, construction exceeds permitted lot coverage of this R-40 Zone District. Property location is 780 Orchard Street and 1300-2nd Street, New Suffolk. County Tax Map No. 1000-117-07-22." RAM Court Reporting Service 216 Court St.,Riverhead, N.Y., (5163 727-3168 No'rICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on TUESDAY, DECEMBER 19, 1989, at the following times: 7:30 p.m. Appl. No. 3870-- MATTHEW CUSUMANO. Variance to the Zoning Ordi- nance, Article XXIII, Section 100-239d, (Article IliA, Section 100-30 A.3) as disapproved, for permission to construct a deck and other additions, proposed construction will be less than 75 ft. from water or wetlands and will have insufficient front and rear yard setbacks. Property Location: 435 Briarwood Lane, Cutchogue, County Tax Map No. 1000, Section 136, Block 01, Lot 01. 7:35 p.m. Appl. No. 3868-- NICHOLAS NICKOLAUS. Variance to the Zoning Ordi- nance, Article XXIII, Section 100-239d A, as disapproved, for permission to construct addition to existing one family dwelling and accessory building, propos- ed construction is less than 100 ft. from bluff of Sound in this R-80 Zone District. Property Location: 17555 Soundview Avenue, Southold, County Tax Map No. 1000, Section 51, Block 1, LOt 2. 7:40 p.m. Appl. No. 3881- WARREN AUGENTHALER. Variance to the Zoning Ordi2 nance, Article III, Section 100-33, for permission to con- struct accessory building in.f° frontyard area. Property Loca- tion: 7225 Nassau Point Road, Cutchogue, County Tax Map No. 1000, Section 111, Block 15, LOt 12. ~ 7:45 p.m. Appl. No. 3893-- ~x~ MICHAEL AND CLAIRE GLEW. Variance to the Zoning /' Ordinance, 280-A Approval of Access Right-of-Way, (Article XXVIII, Section 100-281 construct a one family dwell- lng). Property Location: 61339 Main Road, Southold, County ~ Map No. 1000, Section 56, ~....._Block 1, Lot 41. 7:5~m. Appl. No. 3873-- VINI~IL~LETILIC. Variance to the zoning Ordinance, Arti- cle III A, Section 100-30 A.3, for permission to construct a deck addition, construction exceeds permitted lot coverage of this R-40 Zone District. Property Location: 780 Orchard Street and 1300-2nd Street, New Suf- folk, County ~x Map No. 1000, Section 117, Block 7, LOt 22, 7:55 p.m. Appl. No. 3879-- CHARLES MALONE. Variance to the Zoning Ordi- nance, Article XXIII, Section 100-230C (I), 100-231 A., for permission to construct a 6 ft. fence in frontyard area, fence ex: ceeds 4 ft. in height. Property Location: 358 North Sea Drive, Southold, County Tax Map No. 1000, Section 54, Block 5, Lot 19. 8:00 p.m. Appl. No. 3886-- ROBERT STAPLES. Variance to the Zoning Ordinance, Arti- cle XXII1, Section 100-239d (C), for permission to construct a new dwelling adjacent to fresh- water wetlands in this R-40 Zone district, proposed dwelling will be closer than 75 ft. from fresh- water wetland. Property Loca-9 tion: 785 Wilmarth Avenue, Greenport, County 'Pax Map No. 1000, Section 41, Block 1, Lot 7. 8:05 p.m. Appl. No. 3894-- JOSEPH AND LAWRENCE PEARLSTEIN. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B, for permission to construct deck addition with insufficient front yard setback. Property Location 2225 North Sea Dfiv~ Southold, County Tax Map No. 1000, Sec- tion 54, Block 04, Lot 23. 8:10 p.m. Appl. No. 3892-- ANTHONY BOLLETINO. Variance to the Zoning Ordi- nance, Article III, Section 100-33, for permission to con- struct an accessory shed and gazebo in front yard area. Pro- perty Location: 16705 Main Road, Route 25, East Marion, County 'lhx Map No. 1000, Sec- tion 23, Block 1, LOt 14.6. 8:15 p.m. Appl. No. 3888-- ERNEST TARMIN. Variance to the Zoning Ordinance, Article III, Section 100-33, for permis- sion to construct Accessories; pool, tennis court and shed in front yard area. Property Loca- tion: 29823 Row off Main Road, Orient, County 'Fax Map No. 1000, Section 14, Block 2, LOt 1.10. 8:20 p.m. Appl. No. 3887-- MARK AND ELLIE GOR-' DON. Variance to the Zoning. Ordinance, Article III, Section 100-33, for permission to con- struct a tennis court in fromyard area. Property Location: 1019 Private Road //7 Fords Road, Southold, County Tax Map No: 1000, Section 87, Block 1, Lot 18.4. 8:25 p.m. Appl. No. 3891- ELIZABETH JOHNSTON. Variance to the Zoning Ordi- nance, Article Ill, Section 100-32.4 (A), for permission to construct a lap pool, accessory pools not permitted in frontyard area. Property Location: Row off Oregon Road, Cutchogue, County Tax Map No. 1000, Sec~ tion 073, Block 02, Lot 01. 8:30 p.m. AppL No. 3884-- DICKINSON/THOMPSON. Variance to the Zoning Ordi- nance, Article l, Section 106-20, (Article III, Section 100-32), for approval of insufficient area in this pending division of land and Bulk and Parking regula- tions. Property Location: Main Bayview Road, Southold, Coun- ty Tax Map No. 1000, Section 078, Block 09, Lot 30. 8:35 p.m. Appl. No. 3889-- TIMOTHY AND GEORGE WELLS. Variance to the Zoning Ordinance, Article III A, Sec~ tion 100-30 A.3, Bulk and Park- ing Regulations, (Article I, Sec- tion 106-20), for approval of in- sufficient area in this pending division of land. Property Loca- tion: South Harbor Road, Southold, County Tax Map No. 1000, Section 075, Block 07, Lot 1.3, 1.4, 1.5. 8:40 p.m. Appl. No. 3890--. WALTER GLASSER. Special' Exception to the Zoning Ordi-' nance, Article IX, Section' 100-91, for permission for change of use from Place of Worship to Office/Apartment.. Property Location: 475 Beck- with Avenue, Southold, Coun, ty Tax Map No. 1000, Section 061, Block 1, LOt 25. 8:45 p.m. Appl. No. 3882-- BIDWELL WINERIES. Special Exception to the Zoning Ordi: nance, Article Ill, Section 100-30, for approval of con-~, sumer tasting and retail sales from the Winery. Property Location: Route 48, Cutchogue, County Tax Map No. 1000, Sec- tion 96, Block 4, LOt 4.3. 8:50 p.m. AppL No. 3896-- JERRY GAMBONE AND KES ZAPKUS. Special Exception to the Zoning ordinance, Article IX, Section 100-91, for petrols. sion to have Office/Retail business on first floor and resi- dential rental apartment on sec- ond floor. Property Location: 55415 Main Road, Southold, County ~ax Map No. 1000, Sec- tion 62, Block 1, Lot 12. 8:55 p.m. Appl. No. 3872-- COMPASS TRANSPORTS. Resolution to conclude hearing in its entirety. 8:55 p.m. Appl. No. 3770-- PORT OF EGYPT. Proposed motion of the Board to re-open said hearing closed on Novem- ber 8, 1989. The Board of Appeals will at said time and place hear any and all persons or representatives de- siring to be heard in each of the above matters. Written com- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before time allot- ted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated December 4, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD ' OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda IX, 12/7/89 (10) NOTICE OF HEARINGS NOTICE 1S HEREBY GIVEN, pursuant to Se~tlon 267 of the Town L~w and the C.~de of the Town of Soo~old, ~e fellowin8 heatings wltl be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, nt thc Soathdd Town Hall, Main Read. Sonthcld, NY 11971. on TUESDAY, DECEMBER 19. 1989, at the fcllow~n8 times: 7:30 p,m. AppL No. 3870 -- MATTHEW CUSUMANO. Vafian~ to the Zoning Ordinance, Article XXrtl, Section 100-239d. (Article IHA, Section 100-30 A.3) as disap- proved, for permission to con~tmct a deck and o~e! additions, proposed co~s~ction will be less than 75 ft. from water or wetlands nad will have insufficiem front nnd r~&r yard set- becks. Property Location: 435 Briar- w~d L~ne. Cutchegue. County Tax Map No. 1000. Section 136, Block 01, L~ 01. 7:35 p.m, Appl. No. 3868 -- NI- CHOLAS NICKOLAUS. V~iance to the Zoning Ordinance, Article XXHI, Section 100-239d A, as disaplx~ved, for Penmssie~ to c~mstruct addition to existing o~e family dwelling and ac.~essow building, pwpesed cen- stmction is less than 100 ft. from bluff of So.nd in tiffs R-80 Zone District. Property Location: 17555 Soundvinw Avenue. Southold, Coonty Tax Map No. 1000, Seclin~ 51, Block I, Let 2- 7:40 p.m. AppI. No. 3881 -- WARREN AUGENTHALER, Vari- a~e to ~e Z~fing Onfinan~e, A~icle llI, Section 100-33, f~ pen-fission to ce~stmct accessory building in f~t- ~'~ 7:45 p.m. AppL No. 3893 --'"'~ MI~ii~EL AND CLAIRE GLEW. V~ to the Zoning O~tinance, 280-n~. Approval of Access Right-of- Way, (Article Y, XVHI, Section 100- 281 B, conttmct · one family dwelling). PropemJ Location: 61339 Main Road, Southold, Coonty Tax Map No, 1000, Section 56, Block 1, Lo~ 41. 7:50 p,m. Appl. No, 3873 --., VINKO NA LETILIC. Vatiance to the Z~ning Ordinance, Article ITl A, Se~- lion 100-30 A.3, fo~ pemfissinn to construct · deck addition, construction exceeds permitted lot coverage of this R-40 Z~ Distrio. pwlx~Xy Lo~afion: 780 O~clmrd Suee~ nnd 1300-2nd Stree~ New Sdffolk, County Tax Map No. 1000. Sectlo~ 117, Block 7, Lot 22. 7:55 p.m. AppL No, 3879 -- CHARLES MALONE. Variance to the Zoinn8 Ordnance. Aaicle xxm, Section 100-230C (1). 100-231 A.. for permission to constmc~ s 6 ft. fence in fwmyard axea, fence e~ceeds 4 ft. in heighl. Property Location: 358 North Sea Drive, Soothold, Coonty Tax Map No. 1000. Se.c~on 54, Block 5, L~ 19. 8:00 p.m. Appl. No, 3886 -- ROBERT STAPLES. Vatianc~ to the Zoning Ordinance, A~icin XXIH, Section 100-239d (C). for permi~don to consU'uct a new dweilin8 adjacent to freshwater wetlands in Ss R-40 Ze~e Disuict, prop<ned dweiling will be closer than 75 f~. f~n freshwater wetland, Property Location: 785. Wilmarth Avenue, Greenport, County Tax Map No. I000, Section 41. Block I, Lot 7. 8:05 p.m. Appl, No. 3894 -- JOSEPH AND LAWRENCE ins O~finmce, Article XXIV. Section 100-244B, for permission to con- stmct deck ~ddition with insufficient' front yard setback. Ptope~'y Location' 2225 North Se~ Drive, Southrdd,' County Tax Map No. 1000, Section .~ 54, Block 04, Lo~ 23. 8:10 p.m. Appl. No. 3892 -- gazebo in front yard area. property Location: 16705 Maj~oad, Route 25, East Marion, CI Tax Map No. 1000, Section 2'~l~l~lock 1, Lot 14.6. 8:15 p.m. Appl. No. 3888 -- ERNEST TARIvlIN. Variance to the Zoning Ordinance, Article III, Section 100-33, for permission to court and shed in front yard area. Pwperty Location: 29823 Row off Main Road, Orient. County Tax Map No. 1000, Section 14, Block 2, Lot 1.10. 8:20 p.m. Appl. No. 3887 -- MARK AND ELLIE GORDON. Variance to the Zoning Ordinance, Aaicle III, Section 100-33. for per- frontyard ar~a. property Location: 1019 Private Road 87 Fords Road, Southold, County Tax Map No. 1000, Secti~ 87, Block 1, Lot 18.4. 8:25 p.m. Appl. No. 3891 -- Block 09, Lot 30. (Article I, Section 106-20), for ap- 8:40 p.m. AppL No. 3890 -- z WALTER GLASSER- Special Ex- ceptie~ to the Zoning Ordinance, Ar- tide IX, Section 100-91, for permis- sion for change of use from Place of Wet, hip to Office/Apafanent. pwp- e~y Location: 475 Bcckwith Avenue. Seothold, County Tax Map No. 1000, Sectic~a 061, Block I, Lot 25. 8:45 p.m. AppL No. 3882 -- BIDWELL WIN lh~IES. Specie/Ex- ception to the Zoning O~dinanc~, Ar- ti¢in II~ Section 100-30, for approval of consumer ta~ting and retail sales from the Wine~,/. Property Location: Reme 48, Cutchogue, County Tax Map No. 1000, Section 96, Block 4, Lot 4.3. 8:50 p.m. Appl. No. 3896 -- IERRY GAMBONE AND KES ZAPKUS. Special Exc~on to the Zoning Ordinance, A~ide IX, See- lion 100-91, for penvfission to have Office/Retail business on first floor and residential rental apamnont on second floor. Property Location: 55415 Main Road, Southold, County Tax Map No. 1000, Section 62, Block 1, LO~ 12. 8:55 p.m. AppL No. 3872 -- COMPASS TRANSPORTS. lution to conclude h~adng in it~ 8:55 p.m. Appl. No. 3770 -- PORT OF EGYPT. Proposed motion of the Board to m-open said bearing~ closed on November 8, 1989. The Board of Appeals will at said ~ne and place hear any and all per- s~ls or R~pt~sentatives desiring to be heard in each of the above matters. Written c~-aments may also be sub- toilet prio~ to the conclusion of the subject bering. Each hearing will not start before time allotted. Additional time for yoor presentation will be available, if needed. For information, please call 765-1809. Dated December 4, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER yard a~a. pwperty Location: 7225 ANTHONY BOLLETINO. Variance Location: South Harbor Road, (~HA1RMAN Nassau Point ~Road, Cutchogue, totheZottingOrd~aance, A~cleIH, Southold, County Tax Map No. . B Do~ County T~x M,~ No. 10OO. S~ion SeCtiOh 100-33; f6r permission i0' - 1000, Section 075, Block 07, l I l, Block 15, ~ot 12. construct an accesso~ shed and 1.3, 1.4, 1.5. .~ Patrici~ Heaney ofMattituck, in said Counb/, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, Count,/of Suffolk and State of flew York, and that the Notice of which the annexed Is a printed cop,/, has been regularly published in said Newspaper once each week for 1 weeks successively, commencing 0n the 7t;h day of pecember 19~39 , ~/'} ~ (-'~ Principal Clerk Sworn to bef/--0Xte me thi~ APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINtZIO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.Io, N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your 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 times allotted in the attached Legal Notice. Please feel free tQ call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, dff GERARD P. GOEHRINGER CHAIRMAN /APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 TO WHOM IT MAY CONCERN: This is to advise that Board of Appeals Case No. 3893 was adopted in January 1990 in the Matter of Claire Glew and establishes minimum conditions which must be met before a certificate of occupancy and/or building permit may be issued. The variance and the conditions thereunder go "with the land" without an expiration date. Dated: September 3, 1998. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 December 15, 1997 Mr. and Mrs. Michael Glew P.O. Box 188 Orient, NY 11957 Re: Appl. No. 3893 - Pending ROW Improvement Parcel 1000-56-1-4.1 (1990) Dear Mr. and Mrs. Glew: In ~esponse to your letter received December 8, 1997, this will confirm that the Beard has agreed to authorize you to proceed in obtaining a building permit, with the understanding that right-of-way improvements noted in Appl. #3893 dated January 9, 1990 will be completed before issuance of a Certificate of Occupancy. GERARD P. GOEHRINGER CHAIRMAN Claire Glew PO Box 188 Orient, NY 11957 December 8, 1997 Town of Southold Zoning Board of Appeals 53095 Main Road Southold, NY 11971 Re: Appeal # 3893, SCTM # 1000-56-1-4.3 Dear Board Members, I would like to request that the above variance for a 280-A access rendered January 9, 1990 be held in abeyance tmtil such time that I have completed my one family dwelling. The reason for this request is that I will be applying for a permit to build a one family dwelling within the next couple of months and with all the traffic frO/ii contractors building our home we would need to do the actual improvements to the road twice. The cost would be much more then we would be able to afford. I thank you in advance for your consideration in this matter. Sincerely, Claire Glew 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 Town Hal/, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 February 4, 1992 Claire and Michael Glew P.O. Box 188 Orient, New York 11957 RE: Set-off for James Patrick Kelly SCTM#1000-56-1-4.1 Dear Mr. and Mrs. Glew: The following took place at the meeting of the Southold Town Planning Board on Monday, February 3, 1992: The final public hearing, which was held at 7:30 P.M. was closed. The following resolution was adopted: WHEREAS, Michael P. Glew, Claire L. Glew and James P. Kelly are the owners of the property known and designated as SCTM#1000-56-1-4.1, located at the north side of Main Road off a private road known as Mill Path; approximately 800 feet east of Bay Home Road in Southold; and WHEREAS, this application, to be known as "set-off for James Patrick Kelly", is to set-off a 2.177 acre parcel from a 9.182 acre parcel, and; WHEREAS, a variance for approval of 280-A was granted subject to eight (8) conditions by the Zoning Board of Appeals on January 9, 1990; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself Lead Agency and issued a Negative Declaration on May 15, 1990; and page 2 James Patrick Kelly WHEREAS, a final public hearing was closed on said set-off application at the Town Hall, Southold, New York on February 3, 1992; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and be it therefore, RESOLVED, that the Southold Town Planning Board approve and authorize the Chairman to endorse the final survey dated August 21, 1990 with the following condition to be affixed to the map: No building permit shall be issued for construction until all conditions of the January 9, 1990 variance for approval of 280-A have been fulfilled. Enclosed please find a copy of the map which was endorsed by the Chairman. The mylar maps, which were also endorsed by the Chairman, must be picked up at this office and filed in the office of the County Clerk. Any plat not so filed or recorded within sixty (60) days of the date of final approval, shall become null and void. Please contact this office if you have any questions regarding the above. Very truly yours, /~ Bennett Orlowski, JrY~ Chairman Encl. cc: Building Department Assessors Office Zoning Board of Appeals~ ~ECLARATION OF COVENANTS'AND ~REsTRICTIONS THIS DECLARATION made by Michael P. Glew, and Claire L. Glew residing 1740 Village Lane, Orient, NY 11957 and James P. Ke~l~ ~esiding a~613%9 Main Road, Southold, NY 11971 this ~ day of ~, 1991, hereinafter referred to as the DECLARANT, as the owner of premises described in Schedule "A" annexed hereto (hereinafter referred to as the PREMISES) desires to restrict the use and enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES covenants and restric%ions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: WHEREAS, DECLARANT has made application to the Suffolk County Department of Health Services (hereinafter referred to as the DEPARTMENT) for a permit to construct and/or approval or development or other construction project on the PREMISES; and 2. Wq{EREAS, the PREMISES are to be served by an individual onsite private well; and O U.o 0 ol. OP 0 oq- ,! WHEREAS, the test wells sampled for the PREMISES indicated that test results were within the minimum drinking water standards and/or guidelines of the State of New York and results are attached hereto as Schedule C. Each chemical parameter which exceeds 60% of the acceptable level is indicated with an asterisk; and WHEREAS, it has been determined that water quality of private wells is subject to change; and WHEREAS approval of the DEPARTMENT does not guarantee that the water quality will always meet drinking water standards; and WHEREAS the DEPARTMENT recommends periodic comprehensive water analysis of such well in order to monitor the water quality to prevent the unknowing consumption of contaminated water, the DECLARANT, its successors, heirs, or assigns agrees if said water analysis should indicate water contamination in excess of the minimum drinking water standards and/or guidelines of the State of New York, DECLARANT, its successors, heirs, or assigns may be required to, A. connect to public water, or B. install necessary water conditioning equipment so as to meet the minimum drinking water standards and/or guidelines of the State of New York. The DECLARANT, its successors and/or assigns shall set forth these covenants, agreements and declarations in any and all leases to occupants, tenants and/or lessees of the above described property and shall, by their terms, subject same to the covenants and restrictions contained herein. Failure of the DECLARANT, its successors and/or assigns to so condition the leases shall not invalidate their automatic subjugation to the covenants and restrictions. Ail of the covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any provisions of local, state, and federal laws, ordinances, and/or regulations may thereafter be revised, amended, or promulgated. This document is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. The aforementioned Restrictive Covenants shall be enforceable by the County of Suffolk, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the County of Suffolk to enforce the same shall nQt be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the County of Suffolk or any officer or employee thereof. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended only with the written consent of the DEPARTMENT. The declarations set forth in the WHEREAS clauses contained herein shall be deemed and construed to be promises, covenants, and restrictions as if fully repeated and set forth herein. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. 10. Local Law ~32-1980 - The DECLARANT represents and warrants that he has not offered or given any gratuity to any official, employee, or agent of Suffolk County, New York State, or of any political party, with the purpose or intent of securing favorable treatment with respect to the performance of any agreement, and that such person has read and is familiar with the provisions of Local Law #32- bL . . ' Michael P. Slew ~ Claire L. Slew es ~. Kelly STATE OF NEW YORK ' SS ' C~UNTY OF SUFFOLK On-the %~-~ day of ~W~ , 1991, before me personally came Michael P. Glewand Claire L. Glew, to me known to be the individuals described in and who executed the foregoing instrument and acknowl~~~,the~.same. Notar~.P~___~~r]9 ROBERT L SCOTT, JIL/' NOTARY ~BLIC : SS. : COUNTY OF SUFFOLK On the ~b day of /~J~ ~' , 1991, before me personally came Ja~s P. Kelly ~0 m~ known to be the individual described in and who executed the foregoing instrument and acknowledged that they executed same. Notar~Public : State of New York MARY ANN CYUUL$~,I NOTARY PUBLIC State of New¥or~ Residing ~n Suffolk CouII~/ N~ 5~.5895900 ., SCHEDULE' A DESCRIPTION OF PROPERTY DECLARAlqT: Michael P. Glew, Claire L. Glew & James P. Kelly H.D. REF. NO. : 89-275 Glew ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, SITUATE, LYING, AND BEING IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK AND STATE OF NEW YORK BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT AN INTERIOR POINT, WHERE THE SAME IS INTERSECTED BY THE NORTHWESTERLY SIDE OF LAND NOW OR FORMERLY OF HARRY ADAMS, SAID POINT OR PLACE OF BEGINNING ALSO DISTANT 660 FEET NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY FROM THE CORNER FORMED BY THE INTERSECTION OF THE NORTtB4ESTERLY SIDE OF MAIN (STATE) ROAD WITH THE SOUTHWESTERLY SIDE OF LAND NOW OR FORMERLY OF LANG TO THE TRUE POINT OR PLACE OF BEGINNING; RUNNING THENCE FROM SAID POINT OR PLACE OF BEGINNING ALONG THE NORTHEASTERLY SIDE OF LAND NOW OR FORMERLY OF LANG, THE FOLLOWING FIVE (5) COURSES AND DISTANCES: (1) NORTH 12 DEGREES, 57 MINUTES, 10 SECONDS WEST 305.84 FEET; (2) NORTH 18 DEGREES, 42 MINUTES, 30 SECONDS WEST 655.59 FEET; (3) NORTH 55 DEGREES, 42 MINUTES, 30 SECONDS EAST 471.25 FEET; (4) NORTH 80 DEGREES, 24 MINUTES, 20 SECONDS EAST 70.0 FEET; (5) SOUTH 18 DEGREES, 28 MINUTES, 20 SECONDS EAST 709.39 FEET TO THE NORTHWESTERLY SIDE OF LAND NOW OR FORMERLY OR HARRY ADAMS; AND THENCE ALONG SAID LAST MENTIONED LAND TO THE FOLLOWING FOUR (4) COURSES AND DISTANCES: (1) SOUTH 69 DEGREES, FEET; (2) SOUTH 33 DEGREES, FEET; (3) SOUTH 23 DEGREES, FEET; (4) SOUTH 17 DEGREES, 20 MINUTES, 20 TO THE POINT OR PLACE OF BEGINNING. 09 MINUTES, 40 SECONDS WEST 194.71 00 MINUTES, 20 SECONDS WEST 200.00 53 MINUTES, 30 SECONDS WEST 200.49 SECONDS WEST 107.95 FEET FOR INFORMATION ONLY: DISTRICT 1000 SECTION 056.00 BLOCK 01'.00 LOTS 004.002 AND 004.003. SC~-DULE C TEST WELL WATER ANALYSIS RETURN TO: SUFFOLK COUNTY DEPARTMENT OF H~ALTN SERVICES, BU~t~AU OF DRINKING WATER 225 R~%BRO DRIP, HAUPP%UGK, N.Y. 11788 *** Fee of $400.00/well received on 3% Health Dep't Ref. Number 2* Name Rec'd by SCDBS _ I(/ t~{ /?C Mailing Address - If Different 4* House ~Box N er 9* Street Name 8* Village Zip Code 23* Home Telephone Business # Reviewer comments: 31' Well Depth 33*Depth to Water 44* Water Filter Installed TAX MAP NUM/~ER - From the tax bill 14' District /~ 13' Section ~j 16' Block No. / 17' Lot No. ~,{ Directions to the Sanitarian: ;~L~Locate test well on subdivision map or tax map. 2.~Total depth an~ static water level ~checked? /' Yes No ~J Run time, sa~ple tap an~PM noted~ ~.~ If an existing hose is sampled be sure to test the raw water only. K 20* Supply Type Priv 46' Well Driller 57* Fiel.d Tests This section for officia± use only 7* Township Code Ncom Cor~a TEH THU TSI TSM C12 pH Electrolysis Check - A-~perage 51' Sample Date ~,~/ 54* Sample Ta~ Kit Bath O--~ Other 47* Elapsed Run Time 24* GPM TBA TIS TSH Samples Collected: Part Chem ~ Cd & Pb ~-~ MBAS ~ Pesticide ~ TBR TRI Bac't VOC's 4 vials 2 vials la=ge 50'51' Resample Date 50*54* Resample Tap Sanitarian DECLARATION OF COVENANTS & RESTRICTION DECLARATION made this I day of '~ . 1991, by Michael P. Glew and Claire L. Glew, residing at 1740 Village IJane, Orient, NY hereinafter referred to as the "Declarant"; WHEREAS, the Declarant is the owner in fee simple of a certain parcel of land situated at Southold, Town of $outhold County of Suffolk, and State of New York, and designated on the Suffolk County Tax Map as District 1000 Section 56 Block 1 Lot 4.3 being the premises described in deed recorded in the Suffolk County Clerks Office on November 16, 1989 in Liber 10967 page 530 a metes and bounds description of which is shown on schedule (A) attached hereto and made a part hereof, hereinafter referred to as the "premises". WHEREAS, the Declarant intends to set-off said premises for residential purposes and desires to subject said premises to certain conditions, covenants and restrictions. NOW THEREFORE, the Declarant does hereby declare that the aforesaid premises and every portion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises or any portion thereof, by the acceptance of a deed there to, covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions and restrictions herein set forth. 1) Said premises shall have a conversation easement area of 75 feet around the pond. 2) No structure or building shall be placed within the easement area. The terms "structure" and "building" shall be interpreted as including swimming pools; patios; garages; sheds and other storage buildings; structures for the housing of domesticated animals; the storage of boats, trailers, recreational vehicles; and the placement ~f fences, retaining walls and bulkheads. The entire easement area shall remain in its natural state. The easement area shall not be filed with soil, sand, brush or other debris. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. 6) ~) These covenants will be effective only at such time as the Southold Town Planning Board endorses the final map for the above mentioned premises. That all of the covenants, conditions and restrictions contained herein shall be construed as real covenants running with the land and shall continue and remain in full force and effect at all times as against the owner of the premises or any portion thereof, except with the permission of the Southold Town Planning Board, or its equivalent successor. Said covenants, conditions, and restrictions shall be binding upon, inure to the benefit of and be enforceable by the Declarant, their heirs, successors and assigns, any owner of any portion of the aforesaid premises, their heirs successors and assigns, and the Town of Southold, and its successors and assigns, and the failure of any of the foregoing to enforce any of such covenants, conditions and restrictions shall in no event be deemed a waiver of the right to do so thereafter. IN WITNESS WHEREOF this indenture has been executed the day and year first above written, v- Michael P. ~lew Claire L. Glew STATE OF NEW YORK COUNTY OF SUFFOLK On the ~tc~ day of ~~v , 1991, before me personally came Michael P. Glew and%Claire L. Glew, to me known to be the individuals described in and who executed the foregoing instrument and acknowledq~dpthat the~ executed same. Nota~yP?~~e--c~%w Ybrk SCHEDULE A DESCRIPTION OF PROPERTY DECLARANT: Michael P. Glew, Claire L. Glew Beginning at a point on a private road known as "Mill Path" at the southeasterly corner of land of the party of the first part and the southwesterly corner of land of Lang' running thence along said "Mill Path" S.69 09'40"W.-25.02 feet; thence along other land of the party of the first part, three courses: (1) N.18 28'20"W.-308.87 feet; thence (2) S.71 31'40"W.-195.0 feet; thence (3) N.18 28'20"W.-369.61 feet to land of Lang; thence along said land of Lang, three courses: (1) N.55 42'30"E.-156.78 feet; thence (2) N.80 24'20"E.-70.0 feet; thence (3) S.18 28'20"E.-709.39 feet to the point of beginning. Containing 2.177 acres. Together with a right of way over said "Mill Path" about 1400 feet southwesterly to the Main Road. SCTM91000-56-1-4.3 ?o ., 2r,)05 DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made by Michael P. Glew, and Claire L. Glew residing at 1740 Village Lane, Orient, NY 11957, and James P. Kelly ~siding at~1339 Main Road, Southold, NY 11971, this_ \~ \ day of ~ , 1991, hereinafter referred to ks the DECLARANT, ~as the owner of the premises described in Schedule "A" annexed hereto (hereafter referred to as the PREMISES) desires to restrict the use and enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: DECLARANT has made application to the Suffolk County Department of Health Services (hereinafter referred to as the DEPARTMENT) for a permit to construct, approval of plans or approval of a subdivision or development on the PREMISES. As a condition for approval of the DEPARTMENT of such subdivision or development application, the DECLARANT agrees that fill will be placed on said PREMISES where such fill shall be sufficient to provide adequate grade to allow the installation of a three (3) pool sewage disposal system in accordance with construction standards or guidelines of the DEPARTMENT in effect at the time of construction and that such fill requirement shall be a condition for approval of individual construction applications. The DECLARANT, its successors and/or assigns shall set forth these covenants, agreements and declarations in any and all leases to occupants, tenants and/or lessees of the above described property and shall, by their terms, subject same to the covenants and restrictions contained herein. Failure of the DECLARANT, its successors and/or assigns to so condition the leases shall not invalidate their automatic subjugation to the covenants and restrictions. Ail of the covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any provisions of local, state, and federal laws, ordinances, and/or regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances, and/or regulations may thereafter be revised, amended, or promulgated. This document is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. The aforementioned Restrictive Covenants shall be enforceable by the County of Suffolk, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the County of Suffolk to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the County of Suffolk or any officer or employee thereof. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended only with the written consent of the DEPARTMENT. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid, or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. Local Law ~32-1980 - The DECLARANT represents and warrants that he has not offered or given any gratuity to any official, employee, or agent of Suffolk County, New York State, or of any political party, with the purpose or intent of securing favorable treatment with respect to the performance of an agreement, and that such person has read and is familiar with the provisions of Local Law 932- .hael P.. Gle - Claire L. Glew s P. Kelly STATE OF NEW YORK : ss. : COUNTY OF SUFFOLK On the ~-~'-- day of a~nd%Clair , 1991, before me personally came Michael P. Glew e L. Glew, to me known to be the individuals described in and who executed the foregoing instrument and acknowled~e~at they executed same. Not~y Publ~_c~g~e~ of~ York : ss. : COUNTY OF SUFFOLK On the /~A day of j'~ , 1991, before me personally came James P. Kelly Fo m~ known to be the individual described in and who executed the foregoing instrument and acknowledged that they executed same. Notar~ Public : St~te of New York NOIARY PUBLIC State et NeW Yor~ Residing m Suffolk COunty No 52-5895900 ~mm~o~ ~[es Rp~l 3~ SCHEDULE A DESCRIPTION OF PROPERTY DECLARANT: Michael P. Glew, Claire L. Glew & James P. Kelly H.D. REF. NO. : 89-275 Glew ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, SITUATE, LYING, AND BEING IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK AND STATE OF NEW YORK BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT AN INTERIOR POINT, WHERE THE SAME IS INTERSECTED BY THE NORTHWESTERLY SIDE OF LAND NOW OR FORMERLY OF HARRY ADAMS, SAID POINT OR PLACE OF BEGINNING ALSO DISTANT 660 FEET NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY FROM THE CORNER FORMED BY THE INTERSECTION OF THE NORTHWESTERLY SIDE OF MAIN (STATE) ROAD WITH THE SOUTHWESTERLY SIDE OF LAND NOW OR FORMERLY OF LANG TO THE TRUE POINT OR PLACE OF BEGINNING; RUNNING THENCE FROM SAID POINT OR PLACE OF BEGINNING ALONG THE NORTHEASTERLY SIDE OF LAND NOW OR FORMERLY OF LANG, THE FOLLOWING FIVE (5) COURSES AND DISTANCES: (1) NORTH 12 DEGREES, FEET; (2) NORTH 18 DEGREES, FEET; (3) NORTH 55 DEGREES, FEET; 57 MINUTES, 42 MINUTES, 42 MINUTES, 10 SECONDS WEST 305.84 30 SECONDS WEST 655.59 30 SECONDS EAST 471.25 (4) NORTH 80 DEGREES, 24 MINUTES, 20 SECONDS EAST 70.0 FEET; (5) SOUTH 18 DEGREES, 28 MINUTES, 20 SECONDS EAST 709.39 FEET TO THE NORTHWESTERLY SIDE OF LAND NOW OR FORMERLY OR HARRY ADAMS; AND THENCE ALONG SAID LAST MENTIONED LAND TO THE FOLLOWING FOUR (4) COURSES AND DISTANCES: (1) SOUTH 69 DEGREES, 09 MINUTES, FEET; (2) SOUTH 33 DEGREES, 00 MINUTES, FEET; (3) SOUTH 23 DEGREES, 53 MINUTES, 30 FEET; (4) SOUTH 17 DEGREES, 20 MINUTES, 20 TO THE POINT OR PLACE OF BEGINNING. 40 SECONDS WEST 194.71 20 SECONDS WEST 200.00 SECONDS WEST 200.49 SECONDS WEST 107.95 FEET FOR INFORMATION ONLY: DISTRICT 1000 SECTION 056.00 BLOCK 01.00 LOTS 004.002 AND 004.003. S ih Id To B d f App 0 li] l Oar 0 MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, ~..I., N.Y. 11971 TELEPHONE (516) 765-180£ FAX No. (516) 765-1823 APPEALS BOARO MEMBERS GERARD p. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS Appl. No. 3893 Matter of MICHAEL AND CLAIRE GLEW. Variance to the zoning Ordinance, 280-A Approval of ACcess Right-of-Way, (Article XXVIII, Section 100-281 B, construct a one family dwelling). Property Location: 61339 Main Road, Southold, County Tax Map No. 1000, Section 56, Block 1, Lot 41. WHEREAS, a public hearing was held and concluded on December 19, 1989 in the matter of the Application of MICHAEL AND CLAIRE GLEW, under Appeal No. 3893; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board' Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the north side of Main Road 25 S.R., Town of Southold, and is identified · on the Suffolk County Tax Maps as District 1000, Section 56 Block 1, Lot 41. ' 2. This is an application for Variances from the Zoning Code 280-A Access Right-of-Way, (Article XXVIII, Section 100-281 B), for permission to construct a one family dwelling. PLA,Ihl ,.~ Page 2 - Appl. No. 3893 Matter of MICHAEL AND CLAIRE GLEW Decision rendered January 9, 1990 3. 280-A Approval of Access of Right-of-Way, Article XXVIII, Section 100-281 B, No building permit shall be issued for the construction or alteration of any building upon a lot without access to a street or highway as provided by 280-A of the Town Law. 4. In considering this application, the Board finds and determines: (a) That the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that there is no other method for appellants to pursue; (c) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (d) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was Page 3 - Appl. No. 3893 Matter of MICHAEL AND CLAIRE GLEW Decision rendered January 9, 1990 RESOLVED, to GRANT a Variance in the matter of the application of MICHAEL AND CLAIRE GLEW as applied under Appeal No. 3893 for approval of 280-A, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the road be width widen to 12 ft. north of railroad crossing for a distance of approximately 680+- ft., beginning of subject property. to 2. Grade road at R.R. crossing with additional fill to provide grades not more than 8% with 1 on 4 side slopes. Use material containing 15% or more of small gravel, sand and 15% or more of loam. 3. Place a 2-" compacted surface of 3/4" stone blend on the 12 ft. width. 4. Last 250+- ft. (12 ft. width: Do any necessary clearing to provide 3 ft. of clearance on sides of road. 5. A profile should be submitted indicating how this 250 ft. length road will meet the present road as updated. 6. Remove topsoil for 12". Replace with compacted material same as shown at 2. Note: The profile will indicate depth of replaced material which should not be less than 6". 7. The purpose and cause of this enhanced 280-A approval is to maintain access of proposed 94,829 sq. ft. lot of minor subdivision, therefore, improvements are to be made only to beginning of this lot. (shown as lot ~2 on minor subdivision lot Dated: 1/26/89 R. Van Tuyle), remaining improvements are contained in Appeal 3605, Ted Dowd, rendered on July 16, 1987. 8. That final approval for the road shall be inspected by · Board of Appeals. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, and Dinizio (Absent: Joseph Sawicki). This resolution was duly adopted. df Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: RE: Gerard P. Goehringer, Chairman Zoning Board of Appeals Bennett Orlowski, Jr., Chairman Planning Board Michael and Claire Glew SCTM9 1000-56-1-41 Appl. No. 3893 DATE: December 7, 1989 The Planning Board is currently reviewing a subdivision application for the above mentioned parcel to subdivide a 2.177 acre parcel from the existing 9.182 acre parcel. The Planning Board has no objection to the 280-A Approval of Access of Right-of-Way which is before your Board. The Planning Board wishes to note however, that there is the potential for future subdivisions along this right-of way, and at some point, it should be required that the right-of-way be brought up to current town standards. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD ' STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., H.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 INTERDEPARTMENTAL MEMORANDUM TO: FROM: DATE: SUBJECT: Southold Town Planning Board Chairman and Members Valerie Scopaz, Town Planner Board of Appeals November 30, 1989 Pending Subdivisions Attached is a list of several subdivision projects which we understand have been, or presently under review by your office. Since we have, as of recent date, received applications concerning same,it is urged that if you wish to provide recommendations or comments concerning those elements affecting your jurisdiction, that you do so on or before December 18, 1989, and transmit a copy of your comments to the applicant or his attorney at the same time in order to keep coordination up-to-date. If we do not receive your comments by December 18, assume that you have no objections to the general layout as submitted and accordingly proceed. 1989, we will lot-line Thank you for your cooperation in this coordination. df Appl. No. 3884 - DICKINSON/THOMPSON. Variance to the Zoning Ordinance, Article I, Section 106-20 (Article III, Section 100-32) for approval of insufficient area in this pending division of land. Appl. No. 3889 - TIMOTHY AND GEORGE WELLS. Vnr.~%;~e %c~ the Zoning Ordinance, Article III A, Section 100-30 A.3, {Article I, Section 106-20) insufficient area in this pending division of land. Appl. No. 3893 - CLAIRE AND MICHAEL GLEW. Variance to the Zoning Ordinance, 280-A Approval of Access of Right-of-Way, (Article XXVIII, Section 100-281 B, construct a one family dwelling) . Southold Town Board of Appeals MAIN RDAD- BTATE RrlAD 35 SDUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. December S.E.Q,R.A. 19, 1989 Appeal No. 3893 Project/Applicants: County Tax Map No. Location of Project: Michael and Claire Glew 1000-56-1-42 61339 Main Rd., Southold; NY Relief Requested/Jurisdiction Before This Board in this Project: 280-A Approval of access 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 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, 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 CL]ERK REGISTRAR OF V[T&L STAT[ST[CS To: F rom: Dated: Transmitted herewith is Zoning Appeal NO. Michael & Claire Glew OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Southold Town Zoning Board of Appeals Judith T. Terry, Southold Town Clerk November 17, 1989 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 3893 , application of for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form; letter relative to NYS Tidal Wetlands Land Use; Notice of'Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry Southold Town Clerk November 17, 1989 Southold Town Board of Appeals Main Road Southold, NY 11971 Enclosed please find the following: 3 Original Applications 1 Notice of Disapproval 1 Short Environmental Assessment Form 1 Questionnaire 4 Original Surveys 1 Current Deed 1 Prior Deed 1 Approval from Neighboring Lot 1 Notarized Notice to Adjoining Property Owners If you have any further questions please do not hesitate to call. Sincerely, Claire Glew QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATION FO~4S TO THE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? 2.a)Are there any areas which con~in wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) b)Are there any areas open to a waterway without bulkhead? 3. Are there existing structures at or below ground level, such as patios, foundations, etc? 4. Are there any existing or proposed fences, concrete barriers, decks, etc? Se If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ft. 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit # and Nature: Yes Yes ~ Yes Yes ~ Yes . ~ Yes ~ Yes ~ Yes ~ Yes ~ Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board C--:~_~ ( k~ ~ ~'~ Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other ~ No Yes ~ Yes Yes Yes Yes 10. 11. 12. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Is new construction proposed in the area of contours at 5 feet or less as exists? If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes Yes ~ Yes ~ 13. Please list present use or operati99s conducted upon the subject property at,his time and proposed ~ ~-~ki /[~ Please submit photographs for the~record. I certify that the above statements are true ~and are being submitted for rel~iance by t~e Bo~kof Appeals in considering my application. g (Pro~er~y u- er) (Authorized Agent) 1/88 WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (1) All lands generally covered or intermittc, ntly cov- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean Iow 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, flats or other low lying lands subject to tidal action: (2) All hanks, 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 tow 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. FRESHWATER WETLANI)S: (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 "fi'eshwater wetland." 9705 617.21 ( Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORtVl SEQR For UNLISTED ACTIONS Only PART I~PROJECT 1NFORiV~ATION (To be comDJeted by Applicant or Project sponsor) lt. APPLICANT ISPONBGR ~ ~ ~ Michael & Claire Glew _ ~ 2. PROJECT NAME 3. PROJEC~ LOCATION: Southold Town cou.,v Suffolk County Part of 61139 Main Road, S6u~hold, NY 11971 Part of SCTM~ 1000-56-1-4.I 5. IS PROPOSED ACTION: ~ ~ [~New E] Exoan$1on [~ Modi fica t Ionlallera Ran 6. DESCRIBE PROJECT BRIEFLy: ~ Set of 2.177 acres from 9.182 acres , need approval of access under town law 280A Z. AMOUNT OF LAND AFFECTED: ~ I,i,ia,,, 9. 182 2. 177 9. WHAT IS PRESENT LAr4D USE IN VICINITY OF PROJECT? 4 DOES ACTIO~'~ INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEOERAL. ~TATE OR LOCAL)? ~ Yea E] No l! yes, list agency(si and pefmiuappfovals Application in Southold Town Planning Board for Set-off,They need 280A approval fl. BOES ANY ASPECT CF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? f2. AS A BESULT OF PROPO.'~EO ACTIOi'd WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE rEST OF MY KNOWLEOGE ri,me: .~iqhr~el & Claire Glew J/////F¢ [ ~-e action is in the Coastal Area. and you are a state a~ency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse side) The N.y.S. Environmental Qualit Revie Act re~u~ before ~v~ew ~,, . re~ submission (a) In order to answer the questions in this short EAF it is assumed that the preparer will USe currently available information concernin~ the project and the likely impacts of the action. Xt is not expected that additional studies, research or other investigations will b~ Undertaken. (b) If any question has been answered Yes the project may be sig- (c) If ail questions have been answered NO it is likely that the project is not significant. (d} E~nvironmental AssesSment 1. Will project result in a larce Physical change to the project Site or Dhyslcaliy alter more than 10 acres of land? · Yes X NO 8. Will project have a major effect on visual char_~Yes ~}~o 10. Will project have a m~jor effect on existing or 12. Will project regUlarly cause objectionable odor=, ist 000 e¢ 6 lk ct /o 4.1 CONSULT TOUR LAWYER BEFORE SgHG THIS IHSTRUMENT - THIS INSTRUMENT S~ILD BE USED BY LAWYERS ONLY THISINDENTURE, madethe 16th dayofNovember ,nineteenhundredand eighty nine BETWEEN James P. Kelly residing at 61339 Main Road, Southold, NY 11971 Michael P. Glew and Claire L. at 1740 Village Lane, Orient, NY 11957 Glew, his wife, residing party of the second part, ' WITNF_.~SETH, that the party of the first part, in consideration of $10.00 (Ten) ******** lawful money of the United States, 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, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and belng in the Town of Southold, County of Suffolk, State of New York. Bounded and Described as follows: Beginning at a point on a private road known as "Mill Path" at the southeasterly corner of land of the party of the first part and the southwesterly corner of land of Lang; running thence along said "Mill Path" S.69°09'40'' W.-25.02 feet; thence along other land of the party of the first part, three courses: (1) N.18°28'20'' W.-308.87 feet; thence (2) S.71°31'40" W.-195.0 feet; thence (3) N.18°28'20" W.-369.61 feet to land of Lang; thence along said land of Lang, three courses: (1) N.55°42'30" E.-156.78 feet; thence (2) N.80°24'20" E.-70.0 feet; thence (3) S.18°28'20" E.-709.39 feet to the point of beginning. Containing 2.177 acres. Together with a right of way over said "Mill Path" about 1400 feet Southwesterly to Main Road. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads ~butting 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 the premises herein gnmted 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 suffered anything whereby the said premises have been incumbered 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 the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNF_~$ WHERFOF, the parOf of the first part has duly executed this deed the day and year first above written. James P. Kelly Made the seventh and thirty-eight et een Suffolk gounty, day of Psbruary , nineteen hundred PATRICK KELLY and ROSN KELLY, his wife, of southold, New York, and JAMES P. KELLY, of the same place, part lea of the first part, /itne ;e;et , that the party part y of the second part, the tirst part, in consideration o£ ONR Dollars, lawIul money of the United States, paid by the part part, Y of the second part, do hereby grant and release unto the part y of the second h I s h e ! r S and ass~ forever, tha~ certain piece or t~rcel off lhnd situate and lying at $outhold, in the Town of $outhold, County of Suf£olk and State of New york, and bounded and described as follows:- Northerly by land now or formerly of James Wickha~ and wllltam N. wlckham, Easterly by land now or formerly of Daniel Wo Orattan, Southerly by land now or fprmerly of Loses To Horton (the boundary llne running along the center of the old road through the woods), and*'~esterly by other lands now or £ormerly of said James Wlckham and wllllam Ho wick- ham~ and contafnin~ by estimati~n tau access' be the ~eme mo~e o~ leas. ~ub2ect, however, to a right oC ~ay to Daniel ~o ;~stten, his heirs and assigns £orever, in, over and along the said old ~oad freely to pass and re-pass on foot or with horses and cattle, wagons, carts, sleigh8 oP other vehicle or caPP~ge whstsoeYeP~ from the lands of the said Daniel Wo Orattan on the the highway to the said lands. Beina and intended to be the same way out to the highway and from premisea granted to the said pa~tles of the first part by 9anlel ~o Orattam, of southold, Suffolk County, New Yo~k, be deed dated Aprll 25, I904, and recorded In the office of the Clerk oi' Suffolk County in Llbe~ 550 of Deeds at page 580 on the 28th day of ~pril, 1904. ~- - said prez~aes. with the aPPurtenances and aH the estate and rights of the part lo,of the ~rst part in and to the prenzises herein granted unto the part~ of the second part, h! s helps and assigns forever. The grantor, in compliance with Section 15 of the Lien Law, covenanta that the grantor will receive the consideration for this conveyance as a trust fund to be applied first for the purpoae of paying the cost of the improvement and that the grantor will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for an7 other purpose. ~lt~ the sald Patrick Kelly and Rose l~elly COVenant as follows: ~i~t.--That said Patrick Kelly and Rose Kelly arc ~£Ol~.--That the party of the second part shall qulet]7 enjo7 the said premises; ~:~. --That the said premises are free from incumbrances; except; the right w~y aa noted; seized of the said premises in fee simple, and ha ye good right to conve7 the same, of .~OU~.-- That the part 1e~ the ~rst part will execute or procure any further necessary assurance of the title to sa~d premises; ,.~i[t~J.--That said Parr 1 ck Kelly e nd Rosa Kelly will forever warrant the title to said premises. hand s and seal e ~11 pttStllCt of: the day and year first above written ~tatr of NE' YORK {~;s.: ~ountp of SUFFOLK On the ~ Patrick Felly be{ore me came Po.~e Kelly, to me ]mown and Imown to me to be the individuale acknowledged to me that they executed the same. RECOB, D El) MAY 19 1942 /2 ~I~K MARKVART Clerk o~ S~lk Coun~ described in, and who executed, the foregoing instrument, and Notary pub/Ilce ,,uffolk County. ! .::./~, ,,~, ~\',~ MAIN ROAD- STATE ROAD 25 5DUTHDLD, L.I.. N.Y. 11971 ~ TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS App]. NO. 3605 Application 'Dated January 7, ]987 TO: Mr. led Dowd P.O. Box 508 .East Marion, NY 11939 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on July ]6, ]987~ the above appeal was considered, and the action indicated below was taken on your [X] Request for Variance Due to Lack of Access to P~roperty New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [ ] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for Application of TED DOWD for a Variance for Approval of Access pursuant to New York ~, Section 280-a, over a private right- of-way located off the north side of the Main Road, Southold, and extending to the applicant's premises, identified on the Suffolk County Tax Maps as District 1000, Section 56, Block l, Lot 5.1(5), containing 7.3± acres. WHEREAS, a public hearing was held ~nd concluded on June 18, 1987 in the Matter of the Application of TED DOWD under Application No. 3605; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and familiar with the premises in question, its present zoning, and the surrounding areas; and are WHEREAS, the Board made the following findings of fact: 1. This is an application for a Variance pursuant to the Provisions of New York Town Law, Section 280-a for approval of access over a private right-of-way extending from the north side of the Main Road, Southold a distance of 1392± feet and 8± feet wide. 2. The premises to which appellant is requesting approval of access is presently unimproved and contains a total acreage of 7.3± acres, identified on the Suffolk County Tax Maps as District lO00, Section 56, Block l, Lot 5.1 (5). This access road application does not reflect a request for access to any more than the one dwelling lot in question. Adjacent to this premises is a dwelling presently owned by P. Kelley which also gains access over the westerly portion of this right-of-way. 3. After personal inspection of the right-of-way, it is.noted.as follows: (CONTINUED ON PAGE TWO) DATED: July 23, 1987. Foden ZB4 (rev. 12/81) CHAIPd~AN, SOUTHOLD TO~N' ZONING BOARD OF APPEALS Page 2 - Appl. No. 3605 Matter of TED DOWD Decision Rendered July 16, 1987 The present traveled road to the Kelley driveway is 8± feet in width, consists of stabilized sand, small gravel and loam. Test hole depths between the Main (State) road and railroad are 6± inches. Other depths of road materials from railroad to Kelly driveway (north) about the same material but at depths from three to four inches. Road surface at present is in fair condition. Railroad crossing has exces- sive grades (between 15.5% and 17.5%) which may cause inter- ference with long-wheel base vehicles. Culverts at drainage ditch crossings are working. The .last 250± feet of the 1392± ft. length is cleared only and will require grading and updating. _. 4. ~It is the position of the Board members that the improvements as noted below are necessary for safe and sufficient access by emergency and other veh.~c.les under the requirements of New York Town Law, Section 280-a. The Board does not.feel that a waiver or reduction of the requirements would be within the best interests of the Town. 5. In granting this limited 280-a approva!, the Board finds: ..(a) the relief requested is the minimal necessary and is not substantial in relation to the code requirements; (b) there will be no substantial change in the character of this district; (c) the relief as conditionally granted will not cause a substantial effect or detriment to adjoining properties; (d) the circum- stances of this appeal are unique and there is no other method feasible for appellant to pursue other than a variance; (e) in view of the manner in which the difficulty arose, justice will be served by allowing the variance, as conditionally noted below. Accordingly, on motio'n by Mr, Grigo~is, seconded by Mr. Douglass, it was .. RESOLVED, that a Variance pursuant to New York Town Law, Section 280-a, for approval of access for premises identified on the Suffolk County Tax Maps as District lO00, Section 56, Block 1, Lot 5.1 (5), containing 7.3± acres, as applied in the Application of TED DOWD, BE AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. This 280-a approval is limited requiring improvements to the righ_t-of~way in order to allow proper issuance of building, permit~(s) for the future construction on this 7.~3± acre parcel of one d~elling, barn, and other incidental structures, in accordance with all zoning regulations. This 280-a approval shall not be deemed approval for any other parcels abutting this right-of-way which shall be subject to formal application(s) for 280-a updated access approval before issuance of any building permits. 2. Improvements, within the legal perimeter of the right-of-way for a minimum width of ten (lO) feet, as follows: (a) For the first 1142± feet, olace a 2" compacted surface of 3/4" stone blend; Page 3 - Appl. No. 3605 Matter of TED DOWD Decision Rendered July 16, 198'7 (b) For the last 250± feet: 1. Remove topsoil 12" deep, replacing with compacted material [containing 15% or more of small gravel, sand, and 15% or more of loam]; 2. place 2" top course (compacted surface) of 3/4" stone blend(lo feet wide); 3. profile to be submitted indicating how this 250 ft. length of road will meet the present road as updated; profile will indicate depth of replaced material which should not be less than 6"; (c) Grade road at railroad crossing with addi- tional fill to provide grades not more than l:lO [10%] with 1 on 4 side slopes. Fill to contain 15% or more of small gravel, sand and 15% or more of loam. Sloping areas to contain ground cover or similar material to prevent wash outs. 3. All trees and brush must be cleared a minimum of l0 feet in width and minimum height at 12 feet. 4. Right-of-way to be continuously maintained. 5. If righ~-of-way improvements are not constructed in three years, _this 280-.a approval will automatically become null and void. ' Vote of.the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted. lk l~ERARD P. GOEH~INGER, ~/~IRMAN July 23, 1987 / / R-80 .~-80 R-80 SOUTHOLD / I / \ BAY BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter o~ the Petition of to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: t 1. That i! is the intention of the undersigned to petition].~__--Ro~rd of Appeals of the Town of Southold ~ o request a (Variance) (Special Exception) (Special Permit) ((((((((~:he~)~ [c±r¢le Approval of Access ~ choice] ). 2. That the property which is the subiect of the Petition s located adjacent to your property and is des- cribed as follows: 1000-56-1-p/o 4.1 (61339 Main Road, Southold, NY '11971) 3. That the property which is the subiect of such Petition is located in the following zoning district: Southold Township Res/Aqr 4 ]'hat b,, such Petition, the undersigned will request the following relief: Approval of access is required under Town Law Sec 280A L S. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Sect/on tx] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five da~s from the date hereof, a written Petition requesting the relief specified above will be filed in the $outhold Town Clerk's Office at Main Road, Southold, New York and you may 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. Dated: 11/17/89 Michael & Claire Glew Petitioner Owners'Names: Michael & Claire Glew PostOfficeAddress PO Box 188 Orientt NY 11957 Tel. No. ( 516 ) 323-3931 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAMI~ Harry Adams Estate Robert Lang Jr Andrew Letieri 48 Cayuga R~~a- Yonkers , NY James P. Kelly Southold, N PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS C/O J Q Adams,63 Vreeland Ave, E Rutherford NJ 100 Charing Cross, Lynbrook, NY 11563 10710 07073 STATE OF NEW YORK ) COUNTY OF SUFFOLK) Claire Glew , residing at 1740 Village Lane, Orient, NY 11957 , being duly sworn, deposes and says that on the 17th day of November ,19 89 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at Southold, NY 11971 ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this /'/ day of -/L ~c~-~'~<~ ~.., , 19 ~ ? Notary Public LINDA J. COOPER Notary Public, State of New York No. 4822563, Suffolk County (~ Term Expires December 31, 19~_6~ (This side does not' have to be comp]eted on form transmitted to adjoining property owners.) P1AP Mtl'dOr~' SUBDI VlSi 0t,4 SOU'T'HOL D .¢wr~rr ..... QF' ~3u'rHOLi~ , N,Y. ' TOTAL II~ 2. '/1991 N OF soUTHOLD ~' ' '" / tow. of s_.ou,~} - --::- -- . Lab NO. Date Received in Lab Field No. ,' .'~?'~'~ ~ Public Water - Date: ,~,/-/-~' ~'?-) Private Water Time: ,-"~/Y' " , Other Col. By: /<'/-' r ,, J~ Date Completed (Name not initials) ~ - Examined By SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES PUBLIC HEALTH LABORATORY CHEMICAL EXAMINATION OF WATER .~, District Location · .. ; Point of Collection ,~lgV I ,~= ~9cJg LEI~!OILIT~ POOR Remarks:{//~/~ ,~' ; A~& L~,,~. /'-',, Results Repoded as Micrograms Per Liter· Padial ~ Complete [] Metals Only [] 75 Six, c. fond. ~mhos/em ~ ~' 7~ 84 T. Alkalinily {mg/I CaCO~ -Bi MBAS (~/IJ ~ 73 ~ ~ O 82 T. Ha~ne~ (mgll ~CO31 88 Total H~ P (mo/Ii 78 N~ J~fl NJ ~ ~ -'83 ~ H~ J~ll Ca.B} ~ ~dde (mg/I ~ 76 Fr~ ~ {~11 NJ ~ g ~ ~ Mg Ha~ne~ {mgll ~C03) ~ Nil~tes (moll NJ 124 Mer~ (1) t21 B~um {~/I 8a) Field No. ~ ~,--~LJ' - Public T~me ~ SCH JLE C Other S~nple Raw "P Well Number of sample vials submitted Kit Bth Treated Tank 306 vinyk chloride ........ 305 methylene chlorid~ .... 323 1,1 dichloroethane .... 309 trane 1,2 dichl'ethene __ 300 chloroform ........... 324 1,2 dichloroethane ... 321 1,1,1 trichloroethanc 304 carbon tetrachloride . 294 i br~-~ 2 chloroethane 405 1,2 dichloropropane .. __ 310 trichloroethenc ....... 303 chlorodibr~m~methanc . __ 293 1,2 dibr~m~ethane .... ~. O~.~ 420 2 br~ 1. chloropropan __ 301 br~mofom ............ 311 tetrachloroethene ..... 308 cie 1,2 d-:Lchloroethene ~ 320 ~reon 113 ............. 292 dibr~-~-~hane ........ 307 1,1 dichloroethene ... -- 302 bro~odichkoromethanc . __ 406 2,3 dichloropropene .. __ 407 cia ~Lchloropropene .. __ 408 trane ~chloropropcna 322 1,1,2 =richloroa~hane 409 1112 tetrachlo'ethane 295 s-tetrachloroeth&ne .. 433 1,2,3 =riohloropropane __ 450 2,2 dichloropropane .. 451 1,3 dichloropropane .. ~ 452 2 chlo'ethylvinylether __ DB9 Comoound Dub 250 benzene ................... . 251 toluene ............ 258 chlorobenzene ....... 254 o-xylene ...... '~'~'[.' '' 252 m-xylene ................... 253 p-xylene ................... 255 total xylene ............... 266 2-chlorotoluene (o} ........ -- 267 m-chlorotoluene ............ 268 4-chlorotoluene (p) ........ 265 total chlorotoluene ........ 419 1,3,5 trimethylbenzene ..... 418 1,2,4 trimethylbenzene ..... 415 m,p-dichlorobenzene ........ 412 1,2 dichlorobenzene (o) .... 432 p-diethylbenzene ........... 435 1,2,4,5 ~etramethylbenzene . __ 437 1,2,4 ~richlorobenzene ..... 438 1,2,3 ~richlorobenzene ..... 600 ethenylbenzene (styrene) ... 601 I methylethylbenzene(cumene) 602 n-propylbenzene ............ 603 ter~-butylbenzene .......... 604 eec-butylbenzene ........... 605 lsopropyltoluene (p-cymene) 606 n-butylbenzena ............. 607 hexachlorobutadiene .......... 608 1,2 dibromo 3-chloropropane ~'~ Lab No. TO- , Field No. -- Date -- Time -- ~-~'~ ' Col. By -- SCHEDULE C Rac' at Lab,, Public Wa~er Private Well Othur~ SUFFOLK COUNTY DEPARTMENT OF.HEALTH SERVICES __ PUB,L, IC HEALTIt LABO~TORY · DIVISION OF MEDICAL ~GA~ INVEStIGATiONs & ~O~NSIC SCIENCES ORCANOI[ALIDE PESTICIDE ~ALYSiS .~F 'WATER Sample Tap Kit ' Bth -- - 0T - Other .. ~"'"' '/' J' , 4 Vials - ,~' 2 Vials , Large- -- " Compound ppb # Compound alpha-BHC beta BH~ ~ o.~. gamma-RRC delta BHC Heptachlor ............ Heptaehlor epoxide.. Aldrin Dieldrin ............... Endosulfan 4 4 DDE <o 4 4 DDD <~ 2 4 4 DDT Endrin ................. Endrin aldehyde ........ Chlordane Alachlor <o 2 Methoxychlor ........... ~o.~ Endosulfan II .......... SCHEDULE C · ." ' · Lab# Field9 (51) Date_ Col. By__ Rec'd in Lab /2%3~ Public Water Private Water. ..~ , Other / Date Co piete . (1) Well# (3) Last Name (4) Street ~ (8) Cor~nunit y SUFFOLK COUN%~f DEP~4ENT OF ~%LTH SERVICES DI%rZSION or MEDICA~ LKGAL I~STI~TIONS & ro~su;Ic SCIENCES (54) Sample Tap (R/T) -'%/Raw . Treated (20) Co~m~ . Ncom /~Priv __~urf .~Test Well (31) Wekl Depth (14) District . (13) Section__ (z6) ~lock / LoC Mailing Address Remarks (2~3) Aldicarh ........... ~ / (425) A/dicarh Sulfoxide . ~f I (426) Aldicarb Sulfone ... ~ ~ (224) Carbofuran ......... ,~C f (427} 3-Hydroxycarbofuran ~ ] (420) Oxamyl ~ ~ (429) Carbaryl ......... ~ I (554) 1-Naphtho1 ...... '-- ~ I (430) Methomyl ........ ''' ~ I (550) aaygon. ......... . ... . ~ / (551) Methlocarb ...........