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Southold Town Board of Appeals
MAIN Rr'tAD- STATE ROAD 2;.5 BnUTHDLD, I-.I., N.Y. 11cj'71
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3564
Application for Variances
TO: Patricia C. Moore, Esq.
Edson & Bruer, as Attorneys for JOHN
Main Road
Southold, NY 11971
DEMPSEY
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on November 18, ]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 Property
New York Town Law, Section 280-a, and
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[×] Request for Variance to the Zoning Ordinance
Article XI , Section 100-119.2
[ ] Request for
Application of JOHN DEMPSEY/ROBIN RAEBURN for Variances: (a) for
final approval under New York Town Law, Section 280-a over the existing
private right-of-way, and (b) for permission to locate proposed dwell-
ing with an insufficient setback from top of bluff along the Long Island
Sound, per Article XI, Section 100-119.2. Location of Property:
Extending at the north end of a private right-of-way (traveled over
lands of Bokina from' the north side of Bridge Lane Extension and Oregon
Road in a northerly direction) to the subject premises identified on
the Suffolk County Tax Maps as District 1000, Section 73, Block2,
Lot 3.6 (prev. 3.4 and 3.5).
WHEREAS, a public hearing was held and concluded on Novem-
ber 10, 1987 in the Matter of the Application of JOHN DEMPSEY
under Appl. No. 3564; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following Findings of Fact:
l. The premises in question is located in the A-40 Residential
Zoning District and is known and referred to as Lot No. 2 on the
Minor Subdivision Map of Robin A. Raeburn and Mary Elizabeth Mur-
phy prepared February 5, 1979, amended September 26, 1979, by
Roderick VanTuyl, P.C. and endorsed by the Chairman of the
'Southold Town Planning Board on October 2, 1987.
2. The suSject premises contains a total area of 48,525±
(CONTINUED ON PAGE TWO)
DATED: November 18,
Form ZB4 (rev. 12/81)
1 987.
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2 - Appl. No. 3564
Matter of JOHN DEMPSEY
Decision Rendered November
18, 1987
sq. ft., is presently vacant and is identified on the Suffolk
County Tax Maps as District 1000, Section 73, Block 2, Lot 3.6
(formerly 3.5 and 3.4).
3. By this application, appellant requests: (a) Variance
from the Provisions of Article XI, Section 100-119.2 for permis-
sion to locate a new single-family dwelling structure with an
insufficient setback from 75-ft. bluff contour line at 22± feet,
and 28± feet from the top of bluff (at the outer edge)-see
Map prepared by Anthony W. Lewandowski July 14, 1986); and
(b) Variance pursuant to New York Town Law, Section 280-a
for final approval over existing right-of-way.
4. Article XI, Section 100-119.2, subparagraph A[1]
requires all buildings proposed on lots adjacent to the
Long Island Sound to be set back not less than one-hundred
(100) feet from the top of the bluff, or bank.
5. On-site inspections find as follows:
(a) the predominant vegetation on the bluff face
is Bayberry; however, areas along the top 20 feet of the
bluff face are completely bare of vegetation;
(b) the bottom third of the bluff face from the toe
of the slope to approximately 40 feet up the face is also
completely barren of vegetation. This is a very critical
area and poses a great threat of erosion from wave action
during storm activity. Without the necessary support at
the toe of the slope, the soil above will slide downward
and erode during or following storm activity. Any structures
in close proximity to the edge are in danger of falling over
if such erosion should take place;
(c) the toe of the slope must be
prevent continual erosion of the bluff with
similar structure.
stabilized to
a bulkhead or
6. The dwelling as proposed is shown with a setback
at 80± feet from the southeasterly corner of the dwelling
and at 50+ feet to the southerly property line. The
angle of the bluff line is almost parallel with the south-
erly property line, and the dwelling is angled 30± degrees
to the north.
7. The upland distance between the outer edge of the
top of the bluff and the southerly property line averages
to 114± feet. The dimensions of the dwelling proposed by
this application scale to 60 feet wide by 35 feet deep.
The total setback footage of the remaining open yard areas
is 79± feet (114 less 36). The Board agrees the property
is unique and variances are warranted; however, the
close placement of the dwelling to the bluff edge not only
appears unsafe and unreasonable, but also unwarranted.
8. Although there is a dwelling existing along the
Long Island Sound bluff 225 or more feet (to the east) and
a dwelling existing further to the west of the subject
parcel, each parcel is unique not only as to size, shape
Page 3 Appl. No. 3564
Matter of JOHN DEMPSEY
Decision Rendered November
18, 1987
and character, but also as to eroding bluff conditions.
This Board finds that no structures should be permitted
closer than 40 feet to the highest point of the bluff
(or the 75-foot elevation line under consideration) for
purposes of safety, health, welfare, convenience and order.
9. The right-of-way over which appellant has requested
280-a consideration is situated at the north side of Oregon
Road (and Bridge Lane Extension), and extends in a northerly
direction along the east side of Baxter's right-of-way and
over lands of Bokina, a distance of 1868 feet, more or less,
to a survey monument, then extending in an easterly direction
along the northerly portion of lands also of Bokina, to the
subject premises, a distance of 250 feet, more or less.
10. The applicant and his attorneys are aware that this
Board does not have authority to determine or grant right-of-way
easements; and this action does not grant or otherwise affect
the appellant's rights, if any, to enter over and upon these
lands.
ll. It is also noted for the record: (a) that under
Appeal No. 2609, a conditional 280-a Variance was granted on
January 22, 1980 concerning this right-of-way; (b) that
under Appeal No. 3478, a conditional temporary 280-a Variance
was granted on September 11, 1986 concerning this right-of-way;
(c) that to date no improvements have been made which would
satisfy the requirements of the prior Z.B.A. actions or the
requirements of New York Town Law, Section 280-a.
12. It is again the opinion of this Board that improve-
ments will be necessary upon the right-of-way for sufficient
access by fire and emergency vehicles, as further noted below.
13. It shall be understood that no building permits
shall be issued or construction take place until compliance
with these requirements and pursuant to New York Town Law,
Section 280-a.
14. In granting alternative relief herein, the Board
finds: (a) the relief is substantial in relation to the
requirements; (b) there will be no substantial change in
the character of this district; (c) the relief as conditioned
herein will not cause a substantial detriment to adjoining
properties; (d) the circumstances of the property are unique;
(e) there is no other method feasible for appellant to pursue
other than a variance; (f) in view of the manner in which
the difficulty arose and in consideration of all the above
factors, justice will be served.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Sawicki, it was
RESOLVED, that:
(1) The application as to an insufficient setback from
the top of bluff as applied is DENIED;
(2) Alternative relief is GRANTED for a reduced setback
· ~'ag~ 4 - Appl. No. 3564
Matter of JOHN DEMPSEY
Decision Rendered November
18, 1987
from the top of bluff at not less than 40 feet for the proposed
dwelling, SUBJECT TO THE FOLLOWING CONDITIONS:
(a) No excavation or disturbance of soils within
37 feet of top of bluff;
(b) All water runoff shall be retained toward the
house [to the south];
(c)
Small two-to-three-foot high berms shall be
placed along the southerly property line (to
in the prevention of flooding of neighboring
properties, farm, roadway, etc.);
aid
(d)
The subject premises remaining as a whole parcel,
without division, and more particularly Lot No. 2
as shown on the Minor Subdivision Map for Robin A.
Raeburn and Mary Elizabeth Murphy approved by
the Southold Town Planning Board.
3. The application as
York Town Law, Section 280-a
THE FOLLOWING CONDITIONS:
to approval of access under New
, is hereby GRANTED, SUBJECT TO
(a)
Such access road shall have an unobstructed width
of not less than fifteen feet (except at the point
where the barn exists), and improved as follows:
1. Surface with a minimum depth of four inches
of packed 3/4-inch stone blend, either applied to
the ground surface and shaped, or the surface
be excavated to permit the application of packed
stone blend to a depth of four inches (or more), OR
2. Remove top layer to a depth of eight
then fill with eight inches of compacted
and then surface with two to four inches
stone blend;
inches and
bank run,
of 3/4-inch
3. Oiled with a minimum of 4/lOths of a gallon of
road oil per square yard.
(b)
No building permits, temporary or final Certificates of
Occupancy shall be issued until such access road
has been constructed in accordance with these
requirements (after notification to the Z.B.A.
Office in writing). The Board of Appeals may
make any reasonable exception it deems appropriate
under the circumstances.
(c) The right-of-way shall be maintained at all times
in good, satisfactory condition;
(d) The conditions hereunder shall apply to any and
all lots claiming and requiring access over this
right-of-way, and will also be subject to para-
graph 3(b), supra [or as an alternative, re-apply
to this Board under separate application for 280-a].
Vote of ~;srs. Goehringer, Grigonis,
Dougla~i~,~-~(l~l~L~]~} ~3~el~ of Fishers Island was absent.)
This
r
~ , / ~'OUA /~' 5o ~ GERARD P. GOEHRrNGER, C~RHAN
~ ~ I~1~ '~~,~.~ Signed- December 5, 1987
NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of th~ Town
Law and the Code of the Town of Southold, the following hearings
will be held by the SOUTHCLD TOWN BOARD OF APPEALS at a R~gular
Meeting at the So~thold Town Hall, Main Road, Southold, New York,
on TUESDAY, NOVEMBER 10, t987 at the following times:
7:30 p.m. Appl. No. 3677 - ROBERT MOHR. Variances ~o the
Zoning Ordinance, Article III, Section 100-31~ Bulk Scheduqe,
for approval of decks attached to dwelling with insufficie~nt
rear and front yard setbacks, and Article III, Section 100-32
for approval of accessory garage structure located partly in
the sideyard area. Location of Property: West Side of Wabasso
Streets Southold, NY; County Tax Map Parcel No. 1000-78-3-34.2.
7:35 p~m. A~pl. No. 3675 - RICHARD MULLEN, JR. Va-ni~nce
to the Zonin§ Ordinance, Article VII, Section 100-71, Bulk Schedule,
for permission to construct showroom addition with an insufficient
frontyard setback from the north ~rcperty line. Location of
Property: Corner of Main Road and the East Side of C~ttage Place,
Southold, NY; County Tax Map Parcel No. 1000-62-3-20 and 19.
/:35 p.m. Appl. No. 3674 RICHARD MULLEN, JR. Special
Exception to the Zoning Ordinance, Article VI~, Section 100-71,
Bulk Schedule, for permission to construct addition for showroom
use incidental to the existing car-sales business use in this
"B-l" General Business Zoning District. Location of Property:
Corner of Main Road and the Eas~ Side of Cottage Place, Southold,
NY,' 1000-62-3~9 and 20.
7:45 p.m. Appl. No. 3684 WILLIAM AND VERA MOLCHAN.
Variance to the Zoning Ordinance, Article I~I~ Section 100-32,
for permission to locate accessory inground swimmingpool, decks,
and fence enclosure in the frontyard area (~n excess of 300 feet
from the front proper~y line) at premises located along the north
side of Ruth Road (north of Sunset Drive), Mattituck, NY; County
Tax Map Parcel No. 1000-106-1-3.
7:50 p.m. Appi. No. 3514 GEORGE P. SCHADE. Variances to
the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule,
for approval of the proposed~insufficient lot area and width of
two parcels in this pendin§ set-off division of land located
along the west side of Cedar Lane (west of Summit Road), So:uthold,
NY~ County Tax Map Parcel No. 1000-78-7-42.
Page 2 Notice of Hearings
Regular Meeting - November 10,
Southold Town Board of Appeals
1987
7:55 p.m. 2ppl. No. 3673 --NICK MIHALIOS. Variance to the
Zoning Ordinance, Article XI, Section 100-119.2 for permission to
locate ingnound swimmingpool, decks and fence enclosure with an
insufficient setback from the top of bluff along the Long Island
Sound. Location of Property: north side of The Strand, Lot #124,
Map of Pebble Beach Farms, East Marion, NY$ County Tax Map Parcel
No. 1000-30-2-74.
8:00 p.m. Appl. No. 3680 - LEONARDUS AND MARIE VANOUDENALLEN.
Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk
Schedule, for permission to construct addition to dwelling with
an insufficient setback from the closest point of arc along the
front property line. Location of Property: North Side of Sailors
Lane (a private road), approximately 147 feet west of Little
Peconic Bay Road, Nassau Point, Cutchogue, NY; County Tax Map
Parcel No. 1000-111-14-7.
8:05 p.m. Appl. No. 3683 GEORGE L. PENNY INC. Variance to
the Zoning Ordinance, Article XI, Section 100-119.1, for permission
to erect fence in the frontyard area at a height not to exceed
6½ feet. Location of Property: North Side of Sound Avenue (or
North Road), and the South Side of C.R. 48, (Middle Road),
Mattituck, NY$ County Tax Map Parcel No. 1000-141-3-38.1.
8:10 p.m. Appl. No. 3682 GEORGE L. PENNY INC.?JERRY SHULMAN.
Special Exception to the Zoning Ordinance, Article VIII, Section
1Q-O-80(B) for permission to use existing storage building for
warehousing and storage of lumber and building materials and
supplies, in conjunction with the existing lumberyard opposite
Sound Avenue. Zone District: "C-Light Industrial." Location
of Property: SoLth Side of Sound Aven~e (or North Road), Matti-
tuck, NY; County Tax Map Parcel No. 1000-141-3-41.
8:15 p.m. Appl. No. 3678 DAVID LaFRENIERE. Variance To
the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule,
for permission to construct addition to existing building with
an insufficient setback from the side (wes%erly) property line.
Location of ProperTy: Corner of Main Road and the West Side of
Peconic Lane, Peconic, NY$ County Tax Map Parcel No. 1000-75-5-10.
Zone District: "B-l" General Bus~ness.
8:20 p.m. ADDI. NO. 3671 ANDRE AND THOMAS CYBULSKI.
Variance to the Zoning Ordinance, Article III, Sectioh lO0-30(A)
Page 3 Notice of Hearings
Regular Meeting - November 10,
Southold Town Board of Appeals
1 987
for permission to utilize premises for book publishing operations,
wholesale book storage, and updated 280-A approval over the
existing private right-of-way for such use. Zone District: "A"
Residential and Agricultural. Location of Property: West Side
of Depot Lane, Cutchogue, NY; County Tax Map Parcel No.
1000-96-5-1.2 and part of 1.1.
8:35 p.m. Appl. No. 3679 ROBERT AND DOLORES SCHISSEL.
Variance for permission to construct open deck addition with an
insufficient setback from nearest wetlands per Article XI,
Section 100-119.2. Location of Property: 710 West Shore
Drive, Reydon Shores Map, Lot 9 ana part o~ 8, Southold, NY;
County Tax Map Parcel No. 1000-80-1-46.
V 8:45 p.m. Appl.
ariances: (a) for
No. 3564 JOHN DEMPSEY/ROBIN RAEBURN.
final approval under New York Town Law,
Section 280-A over the existing private right-of-way, and
(b) for permission to locate proposed dwelling with an
insufficient setback from top of bluff along the Long Island
Sound, per Article XI, Section 100-119.2. Location of
Propeety: Extending at the north end of a private right-of-way
(traveled over lands of Bokina from the north side of Bridge
Lane Extension and Oregon Road in a northerly direction)
to the subject premises identified on the Suffolk County Tax
Maps as District 1000, Section 73, Block 2, Lot 3.6
(prev. 3.4 and 3.5).
9:00 p.m. Appl. No. 3672. ANTHONY GAMBINO. Variance
to the Zoning Ordinance, Article XI, Section 100-119.2 for
approval of the construction of new ~elling with an
insufficient setback from nearest tidal wetlands and/or
ordinary highwater mark along Deep Hole Creek. Location
of Property: East End of Lupton Point Road, Mattituck, NY;
County Tax Map Parcel No. lO00-115-11-10.
The Board of Appeals will hear at said time and place
alt persons or representatives desiring to be heard in each
of the above matters. Each hearing will not start before
the time allotted. Written comments may be submitted prior
to the conclusion of the subject hearing. For more informa-
tion, please call 765-1809.
Dated: October 26, 1987.
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
Linda Kowalski, Board Secretary
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFF'ICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
E,e~o ................................ D~,e. ~.~,.~.. ~ ......
.'~..~..~ ..............................
. c~.~~...~..~...., .~ .~ .~. ....
PLEASE TAKE NOTICE that your application dated .. . .tA.q..~.. 7 .......... 19..~.b.
for permit to construct.. O~. ~ .......................... at
Loca,onofPropcrt~ ~,~..~.. .... .~...eq...'...0~4_..~..~.,~, ...... ~ ....e~_~. ~~
County Tax Map No. 1000 Section ....~.-].~ .... Block ..... ~. ~. ..... Lot .. ~: .~ .......
Subdivision ................. Filed Map No ................. Lot No ..................
is returned herewith and disapproved on the following grounds .~....~'-~.. ~..~ .~0. :t~. .....
.~..,. ~:...'g..~/e... ~.~,:v...d~, ~_..v..~..
Building Inspector
RV 1/80
TOWN OF $OUTHOLD, HEW YORK
FROM DECISION OF BUILDING INSPECTOR
APPEAL NO,
DATE ,, ../. :~. T...~..~, J~. ......
TO THE ZONING BOARD aP APPEALS, ]'OWN OF SOUTHQLD, N. Y.
1, (We) ............ .~...0..~...~... A :.....D..~. ~..S...~..~. .................. of ....... [~. · .°. ~.}.. L~ .~..°. ,a ~, .~..~..t.,?..~,..s... ~..°..~.,c1. .................
Nome of Appellant Street and Number
Municipality
....... ~ ................ HEREBY APPFJ&L TO
State
TH E ZONING BOARD_OJ: APPEALS FROM THE DECISION' OF- THE'BUILDING INSPECTOR ON
APPLICATION FOR PERAAIT ~ ..T0...COi~S~R~T ...... nAT~n · Auqust 7, 19 8 6
WHEREBY THE BU. LDI~G INSPECTOR DEN!~D TO
( )
( )
Nome of Aoplicont for permit
of
B .o..,....5., ...q g.u .e_, ..................................................................................
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
( X) PERMIT TO CONSTRUCT
1. LOCATION OF THE PROPERTY Pvt. Rd. off Orego.n. Rd. , Cutchogue "A"Res/Agr
Street Use District on Zoning Map
SCTM~ .1.0.0..0.~0.7.3-0_2.,T..3......6. ......................... Current Owner Robin E. Raeburn
Map No Lot No.
2 PROVISION (SI OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section aha Paragraph of the Zoning Ordinance by number. Do not quote the Ordi.nance.)
Town Law Sec. 280A, Article III Section 100-119.2
TYPE OF APPEAL Appeal is made herewith for
A VARIANCE to the Zoning Ordinance or Zoning Map
A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons, Laws
Art. 16 Sec. 280A Subsection 3
4 PREVIOUS APPEAL A ~)revious appeal ~f~m-~has not) been made with respect to this decision
of the Building InspecTor or with respec~ to this property.
Such appeal was ( ~ request for a special germit
( ) request for a variance
and was made in Appeal No ................................. Dated ......................................................................
REASON FOR APPEAL
(X) A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
)
~s requested for the reason that
Appellant wishes to construcc a single family
property, which construction will be within
bluff and will require approved access.
residence on the subject
100 feet of the L.I.. Sound
Form
(Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce procticaldifficulti~ orunneces-
sary HARDSHIP because
The proposed house will conform to the 50 foot front yard set-back, it
will be within 100 feet of the bluff and approximately 225 feet from
the Long Island Sound.
The property is presently under contract. A denial of the wetland
set-back would result in the cancellation of the contract and
financial hardship to the Appellant.
The N.Y.S. DEC has reviewed the proposed construction and does not
require a permit where the proposed construction remains in excess of
10 ft. elevation of bluff, cliff or dune. (Exhibit A)
The Southold Town Board of Trustees has determined that they have no
jurisdiction with ~egard to this matter. (Exhibit B)
2 The hardshiD created is UNIQUE and is not shared ay all properties alike in the ,mrnediote
vicinity of this property and in this use district because
The subject proper~y is 315 feet deep, but only 145 feet from front
property line to the top of the bluff. The topography of this parcel
is unique and requires construction within 100 feet of the bluff.
3~ The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
The proposed construction will not change the character of the
district because the adja.cent properties are also being developed with
single fimily residences.
STATE OF NEW YORK )
)
COUNTY OF SUFFOLK )
SS
Sworn to this ................... .2.~..~. .................... day az ...............~).~.~,,o.~,.e,~ ........................ 19 86
OWNER STREET
FORMER OWNER
S
RES: SEAS, VL FARM
LAND
IMP.
TOTAL
DATE
Tillable
Woodland
Meado¥~Iond
House Plot
Total
P~OPEI~T¥
CARD
E ' IACR. 1
W I TYPE OF BUiLDiNG
COMM. CB, MICS, Mkt, Value
REMARKS
FRONTAGE ON ROAD
DEPTH
BULKHEAD
OW~NER / STREET I VILLAGE DISTRICT SUB. LOT
TYPE OF BUILDING
LAND
SEAS.
iMP.
FARM COMM. fIND. I CB. MISC.
DATE iRKS
· ~ AGE
F~rm
il!able l
liable 2
liable 3
oodland
empland
lsh]and
BUILDING CONDITJON , r z
Acre ~Volue Per Acre } Value
use Plot
DEPARTMENT OF PLANNIN~
COUNTY OF SUFFOLK
MICHAEL A. LO(~RANDE
SUFFOLK COUNTY EXECUTIVE
360-5513
LEE E. KOPPELMAN
DIRECTOR OF PLANNING
Town of Southold
Zoning Board of Appeals
December 10,
1987
Applicant: John Dempsey
Mun. File No.: 3564
S.C.P.D. File No.: SD-87-32
Gentlemen:
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk
County Administrative Code, the above referenced application which has been
submitted to the Suffolk County Planning Commission is considered to be a
matter for local determination. A decision of local determination should not
be construed as either an approval or disapproval.
Co~ents: With the understanding that the dwelling will be situated no closer
than 40 ft. from the top of the bluff and that appropriate mitigating measures
will be set forth to insure the integrity of the bluff.
Note: The variance pursuant to Section 280a of the Town Law is not within the
jurisdiction of the Suffolk County Planning Commission.
Very truly yours,
Lee E. Koppelman
Director of Planning
GGN:mb
S/s Gerald G. Newman
Chief Planner
VETERANS MEMO~IAL HIGHWAY
HAUPPAUGE. l.b NEW YORK 11788
{516) 360-5192
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, .IR.
SERGE DOYEN, JR.
ROBERT J. DOUGLAS~
,JOSEPH H. SAWICKI
Southold Town Board o£ Appeals
MAIN ROAD- BTATE ROAD 25 BOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765 1809
Pursuant to Article XIII of the Suffolk County Charter, the
Board of Appeals of the Town of Southold, New York, hereby refers
the following to the Suffolk County Planning Commission:
×× Variance from the Zoning Code, Article×I
Variance from Determination of Southold Town
Special Exception, Article , Section
SectionlO0-119.2
Building Inspector
Special Permit
XX Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
Appea] No.~564 Applicant:John Dempsey
Location of Af]ected Land:Private Rd. off Oregon Rd;, Cutchogue,
County Tax Map Item No.: 1000-73-2-3.6
Within 500 feet of:
Town or Village Boundary Line
NY
XX
Body of Water (Bay, Sound or Estuary)
State or County Road, Parkway, Highway, Thruway
Boundary of Existing or Proposed County, State or
Boundary of Existing or Proposed County, State or
Other Recreation Area
Federally Owned
Federal Park or
Lar
or
Existing or Proposed Right-of Way of Any Stream or Drainage dhannel
Owned by the County or for Which The County Has Establi~;hed Channel
Lines,
Within One M~]e of a Nuclear Power Plant
Within One Mile of An Airport.
COMMENTS: Applicant is requesting permission to (a) final ~pproval under
SPn+~mn 2~0--~ over the existing privm+~ righf-af-w,~y
proposed dwelling with an insufficient setback from top off bluff
Copies of Town file ~fld related documents enclosed for your revit~w.
Dated: December 8, 1987
Southold Town Board of Appeals
MAIN I~OAD- STATE ROAD 25 SOUTHnLD, L.I., N.Y. 11c:J?l
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
Patricia C, Moore,
Edson & Bruer
Main Road
Southold, NY 11971
Esq.
December 5, 1987
Re: Appl. No. 3564 - John Dempsey/Robin A. Raeburn (Variances)
Dear Mrs. Moore:
Transmitted herewith for your record is a copy of the official
findings and determination rendered in the above matter.
At the time an application for a Building Permit is made to
the Building Department, we ask that you furnish a copy of same
together with a copy of the survey showing the proposed construc-
tion. It ~s also requested that the corners cf the proposed
construction be flagged, prior to the construction of the
foundation or placement of forms), and certified by the surveyor
or engineer. (This is requested as a preventive-measure and in
no way precludes the requirement of a second/foundation survey.)
Please notify our office in writing when the right-of-way
improvements are constructed. In the event the Building Inspector
(or Town Engineer) is not satisfied with the required improvements,
he may require an additional inspection by this Board.
Yours very truly,
Enclosure
Copies of Decision. to:
Building Dbpartment
Philip J. Cardinale, Esq.
John M. Wagner, Esq.
Leo W. Fraser III, Esq.
Ms. Becky Johnston, C.S.W.
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
TRANSCRIPT OF HEARING
SOUTHOLD TOWN BOARD OF APPEALS
REGULAR MEETING OF
TUESDAY, NOVEMBER 10, 1987
Appl. NO. 3564
Applicant(s) John Dempsey/Robin Raeburn
Location of Property: N/s Bridge Lane Extension & Oregon Rd.
County Tax Map ID No. 1000- 73- 2 --3.6
Cutchogue.
Board Members present were: Chairman Goehringer P. Goehringer,
Members: Gringonis, Douglass, Doyen and Sawicki.
Absent was: (None) also present were: Victor Lessard, Building Dept.)
Linda Kowalski, Z.B.A. Secretary and approximately 20 persons in the
audience.
The Chairman opened the hearing at 9:20 o'clock p.m. and
read the notice of hearing and application for the record.
CHAIRMAN GOEHRINGER: I have a copy of survey produced by Anthony
Lewansowski,-the most recent date is July 14th, 1986 indiated ap-
proximately a 50 foot setback from the right-of-way or the edge of
a right-of-way and 28 feet from the top of the bluff. And I have
a copy of the Suffolk County Tax Map indicating this and surround-
ing properties in the area. I assume, Mrs. Moore, you are here
representing Mr. Bruer.
P. M00RS~ ESQ.:Yes. I have a packet of information which I'll present
to the Board, for your convenience, which will include all the ek-
hibits I'll discuss. As the application discusses, we are here for
280-A approval and to build residences within 100 feet of the Sound.
To give you a brief history of this property; on November 29th of
'79, the Planning Board approved this subdivision of Robin Raeburn
and Mary Elizabeth but subject to certain conditions imposed by
Suffolk County Planning Commission and the Planning Board. These
condditions were never officially placed on the subdivision map as
they were required to do and the properties were then sold and con-
veyed between Raeburn, Murphy and Lencester. When these conditions
were not finalized and we came to this Board for 280-A approval, we
found that your Town Planner and your Town Attorney at the time,
Robert Ta~ker, had stated that the final subdivision had not been
approved until these conditions could be satisfied. At which time,
from February 9th, 1987 through October 2nd when we finally re-
ceived Planning Board approval which is a period of nine months,
we dealt with tf~e Planning Board and got final subdivision approval
which is exhibit one of the packet I gave you. It shows a subdi-
vision that was created in '79. Let me make sure of that. Yes,
in '79. And exhibit two is a subdivision which was ultimately
approved by the Planning Board on October 2nd of '87. So far as
as we're concerned, the'subdivision has been finalized and we are
here before you for 280-A access where we started with you when
Page 2 - November~ 1987 ~
Public Hearing - Dempsey/Robin Raeburn
Southold Z.B.A.
MRS. MOORE (continued):
this whole thing blew up. We do have legal access. There is no
question about that; as far as the title company is concerned
and as far as the contract vendee, Mr. Dempsey and the sellor.
We have a recorded deed reflecting the right-of-way. Exhibit
three in your packet is an October 1, '64 survey which was the
property conveyed from Harold Reeve to Elizabeth Murphy. That
recorded at Liber 56-48 page 177, set forth the original right-
of-way. September 13, '72, Elizabeth Murphy conveyed to her-
self and Robin Raeburn at Liber 7259 page 381 was the continued
right-of-way which was passed on through the title. Additional
property was purchased which created the entire parcel which was
then subdivided. June 14th, '74, it conveyed from Baxter proper-
ties to Mary Elizabeth Murphy and Robin Raeburn. That deed is
reflected in Liber 7658 page 202. And again, it recites the
deeds as they were passed on from the original conveyance. So
as far as we are concerned, we have legal access to that lot.
There is no question about it. There is really no other way of
proving it to you because we have all the exhibits there. We
have a title company. We have legal access. When we went to
look at the property to see the condition of the right-of-way,
it appeared that part of the condition of obtaining a c.o. for
Ms. Johnson who is to the east of Murphy, part of the condition
of receiving a c.o. was to improve the right-of-way. She is in
the process of doing that. It appears that several months ago,
six weeks ago, she cut a 15 foot wide right-of-way and was ready
to improve it. However, because of the construction on the .... ~
property, she chose% to wait until the construction was near an
end before coming in and finalizing the right-of-way to town
standards. So this right-of-way will be improved. At this
point we would request that you grant the 280-A since it is
satisified. It appears on an approved subdivision plan. That
subdivision plan ~rom October 2nd. Ms. Johnson is improving
this right-of-way and we anticipate that by the time we seek~.~.~
a~building permit, this road will be improved. We have legal
access. The frontage is 15 feet wide which will be a sufficient
width to allow ingress/egress of emergency vehicles. If you
have any questions regarding the'right-of-way before I continue
with[~the"setback from the bluff, I'd be happy to answer any
questions that you might have.~
CHAIRMAN GOEHRINGER: My only question is that if the barn doors
are open, will the right-of-way be obstructed?
MRS. MOORE: No, I don't believe so. I'm trying to recall' from
the view. The barn doors, I thought, were facing the road. So
if you~were to open... No. They face the right-of-way.
CHAIRMAN GOEHRINGER:~ The barn doors face on the right-of-way.
MRS. MOORE: That is something if it came down to emergency ve-
hicles coming down, I'm sure the barn doors could be closed to
allow access. We really have no... They can not obstruct the
right-of-way legally. .Bokina can't obstruct the right-of-way.
And if the doors are left open, we cIose them to get through.
page 3 - November
Public Hearing
Southold Z.B.A.
1987
Dempsey/Robin Raeburn
MRS. MOORE~ (continued):
· ~at'~ about all I can say. We have a legal access and I don't
believe MR. Bokina would be willing to grant a right-of-way out-
side this deeded portion without a substantial cost to everyone.
CHAIRMAN GOEHRINGER: Are you sharing, in any way, the cost of
the right-of-way with Mrs. Johnson.
MRS. MOORE: NO. At this time, there have been no discussions
about that. If we're asked to do so, we'll deal with the sub-
ject when it comes. I don't think anybody has volunteered any
money at this point. And the improvements, I don't know where
the money is coming from, if it's from her own pocket, the title
company. I don't know where that money is coming from.
CHAIRMAN GOEHRINGER: We are again, only interested (and it's been
my understanding) the right-of-way which runs north and south. Is
that correct?
MRS. MOORE: The 16 foot right-of-way. There is a 20 foot right-
of-way which we do not have access to.
CHAIRMAN GOEHRINGER: I thank you. You want to now address what
else?
MRS. MOORE: The appeallant really had her practical difficulty is
in a deeded 100 foot setback from the bluff. The property is only
145 feet deep in the area that is buildable. But that area is al-
so subject to a 20 foot right-of-way for the purpose of adjacent
property and it would appear that Ms. Murphy does need that right-
of-way and that it will be improved for the benefit of Ms. Murphy
receiving access to her property. Therefore, no matter where we
were to build, there is only 125 feet of buildable area when you
exclude the 20 foot right-of-way and account for the location of
the bluff to the road. Therefore, we necessitate a variance.
The first question you'll consider is how substantial the vari-
ance is in relation to the requirements. We have proposed by
the survey, a 28 foot setback. Merely because we took what is
existing'now. We took Mr. Lencester's setback which is approxi-
mately 30 feet, 35 feet when you go,and pace it and you look at
the old surveys from the Building Department's files and the
Murphy house which is 20 feet from the bluff. So the taking of
the average of the two came out to a 28 foot setback. I have a
survey which is labelled 8, I believe, which shows a change in
the proposed located. Very honestly, we are flexible in the
location of the house. We have considered various options and
we leave it open to discussion tonight. The location of the
house being perpendicular to the contour of the lot and the
road and it forms an angle if you notice the survey. If you
set back 50 feet from the road and 30 feet from the right-of-
way, create that~front line and then 30 feet from the bluff,
creates a building envelope which is sufficient to place a
house. We have considered moving back to 35 feet if that is
a preference of the Board. The two conditions that are very
important to the client are the size of the housewhich the
actual construction of the foundation would be a 35 foot wide
page 4 - November
Public Hearing
Southold Z.B.A.
1987
Dempsey/Robin Raeburn
MRS. MOORE (continued):
house plus a ten foot wide deck. So in total, 45 feet. That is
really what is important to the client keeping the size of a house
which would allow a nice buildable area and a reasonable sized
house. Also, the setback from the road is important because here
you have a right-of-way (a 20 foot right-of-way) which Will de-
crease the amount of frontage and that again, has to be considered.
So when you're discussing the location of the house between the
members, please consider that we do feel important the size of the
footprint as well as the setback from the road. O~tside of that,
we~are very flexible. And as you~can see, in green, I've outlined
changing the facing of the house on an angle versus being straight.
These are considerations that we are willing to discuss with you.
We will address the issue of construction along the bl6ff which
is a technical issue and we have here Steve Tsontakis whO is an
engineer who will give you his qualifications as well as discuss
the construction of the house. At this time, you can raise ques-
tions about construction and he will give his recommendations on
construction. When we started, we are contract vendees and this
contract is subject to getting approval. Now, we have been seek-
ing approvals for almost a year and the sellors have almost reached
the end of their patience with us in getting these approvals and
we are at the point where you are the last Board~3we have to seek
approval from. So I'll introduce Mr. Tsontakis and ask that you
address your'questions to him.
MR. TSONTAKIS: I'm a consulting engineer and I practice out of
Riverhead. I'm licensed by the State of New York, State of Florida
and I have carmitty throughout the United States. I do a lot of
work in the area of structures, both shoreline and inshore struc-
tures. My basic foretay is structural engineering. I do a lot of
site plan work. I did an analysis on this particular problem and
I did a little drawing to illustrate the Bituation we have here.
If you'll indulge me, I'll hand it out to you. This drawing shows
a profile of the subject land starting from the left at the shore-
line and ending on the right wi%h the-?road front. The little dots
you see along the slopes are plots of %he topographical line which
were taken off the survey done by'A.W. Lewandowski about a year ago~
I drew a line representing the general angle of repose of the slope
at the present time. Incidentally, to backtrack a little bit, about
a year ago, I did a visual study, inspection of study of the subject
property. And my report at that time, was made and written and you
have a copy of it there. The angle of repose shown here on this
particular property is about 30 degrees. When I made inspection
of the property about a year ago, I found that the slope is generally
stable. There was some lack of vegetation at the toe which indi-
cated occasional scarring. And I noticed from my report a letter
written by Alan S. Connell of the Conservation Department. He also
alludes to this. I don't know if you have a copy of this although
you probably do because it was addressed to Stanley H. Houser, the
District Manager of Suffolk County Soil and Water Conservation Dis-
trict. He alludes to the fact that the toe of the slope must be
stabilized an'd I have to agree with that because there'is possi-
bility that during an intense storm, to get a scar which would
erode some of the slope. The upper part of the slope however, is
Page 5 - November
'~Public Hearing -
Southold Z.B.A.
1987
Dempsey/Robin Raeburn
RM. TSONTAKIS (continued):
severely vegetated and it seems to be holding up very nicely.
The flat portion at the top, I say essentially flat because it
does slope back from the toe southerly toward the road. This
condition allows any rainwater to run off toward the road.
Thereby no endangering the edge of the bluff. ~So we don't
have an erosion problem from the standpoint of rainfall because
flow would be toward the road and not saturate the top of the
bluff. Now, the soil~conditions here are that of a sandy, gravel
with traces of clay. The test holes are not too deep. However,
as far as they were dug, that's what we found. ~And from the
knowledge of the general make-up geology of the slopes which is
primarily sand with traces of clay, I think that's what we'll
find all the down even below sea level. With' this type of soil,
usually, the stable angle of repose is 45 degrees and I've indi-
cated such an angle from the profile of the house shown on the
drawing. And you can see that that angle falls well within the
existing soil. So we have approximately down at sea level, 100
feet of buffer if the house were to be placed some 30 feet from
the edge of the bluff. That seems to me, to be sufficient a
buffer to withstand any number of storms. .If a bulkhead is
erected at the base to protect the slope from scar, then there
is virtually no chance of undermining that slope as long as the
vegetation remains. I do recommend that some sort of buffer be
placed at the bottom, whether it be a rock vehemant or a wood
bulkhead. And there should be an active program of soil erosion
control through plantings because the slope is shallow enough to
take care of it. I think plantings of indigenous grasses, beach
plums, russion~ olives and something that will live in this en
vironment will do a fine job here. I see no problem in placing
this dwelling 30 feet from the edge of the slope. I think that
certain precauti6ns should be taken during construction not to
disturb the slope for at least 20 feet back from the edge of the
bluff because these plantings take a long time to take hold.
When they are there, I'd like to keep them there. Of course,
as mentioned by Ms. Moore, we don't have too much room to work
with. There's only about 140 feet of north/south space at the
top and with the right-of-way in 'place and assuming a 50 foot
setback. We have about 45 feet of working space for the dwelling
if we were to maintain the 30 feet. That's not too much space.
But however, it is sufficient. I think with the protection of
the toe, this construction will not pose any danger to the bluff.
CHAIRMAN GOEHRINGER: Thank you sir.
MRS. MOORE: Very briefly, it appears that according to Mr.
Tsontakis' testimony, that the location of the house at 35 feet,
is not the critical factor. The critical factor would be to
place a bulkhead at the foot of the toe. I spoke to Mr. Dempsey
about this. We had spoken earlier. Mr. Tsontakis and I had
spoken earlier and he is willing to, or he would agree to a con-
ditional variance which would require this bulkhead to be in
place. He is as anxious as everyone else is to keep a house
there for a very long time. So he is very willing to do what
ever is required to maintain that area in the state that it is
in today which is stable. The second question which you'll
have to address if the variance is allowed, is the increased
Page 6 - November
· Public Hearing -
Southold Z.B.A.
1987
Dempsey/Robin Raeburn
MRS. MOORE(continued):
population density and increased governmental facilities. That
is really not a concern in this case because it is a one lot of
two which are vacant at this point and it's a single-family home.
So that is not critical. The third question is whether a sub-
stantial change Will be produced in the character of the neigh-
borhood or a substantial detriment to adjoining properties. The
adjacent property, Lencester, is at 35 feet from the bluff. I
don't believe he has any bulkheading or any type of protective
measures and he is at 35 feet. The Murphy property, again, I'm
not sure if she has... Pardon me. ~Murphy property is vacant.
Johnson property is 20 feet from the bluff. And again, I don't
believe there'is any kind of structure there preventing erosion
there. Although I've heard from Mr. Lencester, that she is in
the process of planting some vegetation to insure that her house
is going to remain there but this I heard from Mr. Lencester and
can't swear to it at this point. Fourth question is whether this
difficulty can be obviated by some method feasible for the appli-
cant to pursue other than a variance. There is no other way for
building on this property without a variance since the area of
construction is narrow and this 100 foot setback necessitates
this variance. I raised the issue before and I would request
that you please consider this application as soon as possible.
Preferrably in the first week of December because we do have to
close in this year. If we do not close in this year by the end
of December,-we will loose, it is very likely that we will loose
this contract and it has been a very long process for Mr. Dempsey.
They are time consuming and costly for everyone involved and it
would be a substantial hardship if we were to loose this contract
because we were not able to reach a conclusion to this whole ap-
plication process and we receive a decision from you. At this
time I will address any questions if you have any.
CHAIRMAN GOEHRINGER: The questions I had were answered by Mr.
Tsontakis and we'll go back down to the property and look at
these specific areas that he was referring to at the base of
the cliff or base of the bluff and we'll re-evaluate it to the
best of our ability.
MRS. MOORE: If you could just verify what I said, I'm sure Mr.
Lencester would not mind if you saw his house there and the dis-
tance from the bluff as well as Ms. Johnson who has a house there
and has been on that property and you probably recall where the
house is from the construction site.
CHAIRMAN GOEHRINGER: Are you willing to covenant that there will
be no further protrusions of movement toward the bluff at what-
ever distance we intend to place this house?
MRS. MOORE; Yes. Our concern is to put a house and a deck. And
as long as you allow for that area, we have no problem with main-
taining, for the most part, in its natural state. It would be
grass. Not very much grows up there. And natural plantings to
prevent erosion. So there shouldn't be any problem about that.
Page 7 - November
'Public Hearing -
Southold Z.B.A.
1987
Dempsey/Robin Raeburn
CHAIRMAN GOEHRINGER: Are you referring to an elevated deck
or a ground deck?
MRS. MOORE: Elevated.
CHAIRMAN GOEHRINGER: Is that within the 35 feet?
MRS. MOORE: No. That is 35 feet for the house which is the
foundation and that is the concern when you're dealing with
the bluff. And Mr. Tsontakis would verify my statement but
the deck would be on stakes or ....
MR. TSONTAKIS: The deck would probably be placed on posts but
I think that we should insist that there be no construction of
any kind (at least) toward the south of the bluff edge because
any kind of work in there would trample over the existing vege-
tation which might endanger the bluff.
MRS. MOORE: We would have absolutely no problem with that. We
understand that.
CHAIRMAN GOEHRINGER: Ok. We'll take a look at it again and
we'll then make our decision. Is there anybody else who would
like to speak in favor of this application? Anybody like to
speak against the application?
MR. WAGNER:- I'm an attorney with Esseks, Hefter and Angel in
Riverhead. I'm here this evening on behalf of Mary Elizabeth
Murphy who is the property owner just to the east of the sub-
ject parcel. I'm here n~ither in support or against the ap ....
plication. I would just like to state our interest in this
particular application because our client's parcel is bur- '
dened by similiar constraints. We also have a bluff on the
property and we also have a right-of-way problem that exists
for the applicant. We're going to have to make, ourselves,
similiar application for similiar relief. So we are, natural-
ly, very interested in the outcome of this particular appli-
cation. It's essential to our client that she have a reasona-
ble building area upon her property and this Board's willing-
ness to grant relief requested tonight will substantially ef-
fect that building area. Thank you.
CHAIRMAN GOEHRINGER: Thank you.
would like to speak?
Is there anybody else who
MR. CARDINALE: Good evening. I think as you know, I represent
the Bokinas who are an adjoining landowner. I'm not totally
clear on the status of this application. I know that there was
a problem with the '79 conditions not being met. Would it be
a fair statement to say that the application has been approved
by the Planning Board subject to the 280-A approval by the
Zoning Board of Appeals?
Page 8 - November
Public Hearing -
Southold Z.B.A.
1987
Dempsey/Robin Raeburn
CHAIRMAN GOEHRINGER: That's according to the attorney. I haven't
received anything but I haven't reviewed the file in the last few
days. So we might have received something from the Planning Board.
MR. CARDINALE: I'm trying to clarify whether these lots in fact
exist yet or whether the Planning Board's signing of the map is
conditioned upon the Zoning Board of Appeals granting the 280-A
access.
CHAIRMAN GOEHRINGER: Our assistant just indicated to us that we
did receive a letter from the Planning Board saying that these
plots do exist.
MR. CARDINALE: Regardless of the... The exist as lots, regard-
less of the action tonight? In regard to the 280-A access which
is one concern I wanted to address, I think there's a reference
in the file to a late letter, September letter to Diana at Ray
Bruer's office asking for a final copy of the survey certifying
the entire access route, legal widths and constructions. Is that
exhibit one or exhibit two?
MRS. MOORE: I can give him my copy.
subdivision approved October 2nd.
Exhibit two represents the
MR. CARDINALE: That's what I'm looking at. The reason I wanted
to look at this was just to make sure that the Board is very clear
on the situation with the right-of-way. As you probably know, we,
in litigation, resolved the access problem for Johnson, Becky
Johnson by deeded to her a 15 foot right-of-way which commences
where the 20 foot right-of-way stops. There was a reference, and
I'm concerned about the 280-A access which is what I'm trying to
address now. There's a reference to a document which is 1154366
which apparently gives to the applicant an access over that 20
foot right-of-way to the point indicated on the survey. I'm not
so sure it does. There's an indication that the ~itle company
verifies that access to the point shown on the map. That par-
ticular document is a 1925 document. It's 1155366. I'm not
sure what it says. So I Would suggest to the Board that you have
in your file prior to determination of the matter, some sort of
a certification from a title company as to where (in fact pursu-
ant to that document) the 20 foot right-of-way ends. The 20 foot
right-of-way, presuming it does end where the map shows it to end,
brings me to the next problem which is probably a greater problem
with the next application you're going to have before you with
Raeburn than it is with Murphy. No. It's going to be greater ._
with Murphy, the next application, than it is with the present,
Raeburn. The two problems that the Bokinas perceive as continuing
here are that when you come down the north/south right-of-way,
the 16 foot right-of-way, and take that hard right at a hard angle
into the 20 foot right-of-way, it just isn't going to happen that
way. The vehicles are going to be all over their property. Fur-
ther, although Murphy can come in because they have that access
of a few feet before the sharp left, certainly Raeburn is not
going to do that. And I think it's probably physically impossi-
ble to do that. So if you approve 280-A access on the roadway
as set forth here, the 16 foot, the hard turn at the corner where
the continuing problem of (I guess) sepsis I guess you call it.
And then you continue on, this problem is going to continue. The
Page 9 - November
Public Hearing
Southold Z.B.A.
1987
Dempsey/Robin Raeburn
MR. CARDINALE (continued):
suggestion that the Bokina family has made and no one has ap-
proached us, is that we reach an accomodation because we're
not interested in pursuing this for another 20 years, with
Johnson with absolutely no access that anybody could ascer-
tain. Assuming the 20 foot access reaches the point where
it does and I'm not certain it does, we stand ready, the
Bokina stands ready to reach some sort of agreement if we
were approached which we have not been, to either allow that
right-of-way (that 20 foot right-of-way) which then narrows
to 15 to Johnson to continue which would be realistic. Be-
cause vehicles are not going to make that kind of hard left
there. Furthermore, on the corner of the property with a 16
and a 20 feet as a joint as the 16 foot right-of-way comes
down to the north, obviously an increase in that area from
the existing Bokina property unencumbered by the easement,
is practically necessary. It seems to me that if we're go-
ing to set up a 280-A access which is adequate for emergency
vehicles and adequate for the purposes you're concerned with
and is adequate to avoid a continuing problem over there of
trespassing over on to the Bokina property and'interferring
with their farm operation, now is the time to do it. If you
let this one go without resolving that issue, you're cer-
tainly going to have an even greater problem when the Raeburn
application comes before you. Because there, it is absolutely
essential that they make that hard left. It is also impossible
to do it certainly in a car. So that issue, the right angle
turning to the 20 foot right-of-way and the hard left at the
right-of-way cut are two things that concern us. And we wanted
to go on record to state that we are willing to talk to our
neighbors but no one has talked to us as of this moment. We
have worked out the problem with Johnson. I'd also like to
point out to the Board that in addition to the~agaries of the -~
language on 1154-366 which is the 20 foot right-of-way, there'
is no reference to utilities. And at the moment, I'm not cer-
tain where the utility wires are in here although my clients
fear that they are on their property. If we're going to start
putting up houses here, at least two more houses, that is an
issue that should be addressed, although not tangential to your
concern right now because you're worried about access only for
280-A. It's a problem that exists and I wanted the Board to be
aware that it does exist. I don't know where the wires are ser-
vicing the present house. Secondly, I don't know where the wires
are going to be servicing the proposed house is because as far
as I know, there are no utility agents of record. I think that
is all I wanted to say in regards to the 280-A issue. As to the
second issue before you. which is the setback issue, there is, as
Steve said, there is no real erosion problem for them because the
water drains toward the road which is another way of saying there
is an erosion problem for the Bokinas. As it drains back from
the cliff, it has caused a real severe problem over a span of
about an acre and a half on the other side of the right-of-way
here. The 20 foot right-of-way. In fact, this past year, Mr.
Bokina has indicated that they spent several thousand dollars
in having to dig up an area of land 'because of the drainage
problem. In fact, they've been getting a lot of water and turn
it over so that it could be utilized for farming. So whatever:
r:
Page 10 Novembe~ , 1987
Public Hearing - Dempsey/Robin
Southold Z.B.A.
Raeburn
MR. CARDINALE (continued):
If your inclination is to approve the 280-A access, we ask you to
consider the problems and seize this opportunity to suggest that
this right-of-way situation be straightened finally and as a straight
right-of-way rather than the impractical and unrealistic right-
of-way proposed. Secondly, that the utility easement situation
be addressed at this point. As to the erosion problem as it in-
fluences the setback decision, I don't know how you fix this. I
do know that as they position the house, that may make a difference.
The drainage off the slope, in order that the slope not get dis-
turbed. I think that's all I've got to say.
CHAIRMAN GOEHRINGER: Before you leave Phil, I just wanted to
mention to you that the 280-A that we're dealing with is only
to this small lot. So the extension of that which certainly
makes a tremendous amount of sense to me of the many hours that
we've labored on this particular subject, is really a question
that has to be posed to Mr. Wagner over there because he is
representing Mrs. Murphy. So I don't know if that situation
really effects this particular application. However, the situ-
ation of the right hand turn does to a certain degree. Because
what you are saying, certainly makes a tremendous amount of
sense. Having been down there, I had noticed that monument
which is at the end is really right in the middle of the road
because these people who go down there and make a right turn,
they just cut the corner quite severely. I have no idea what
to suggest to you concerning that situation.
MR. CARDINALE: I think it's impossible not to cut the corner
as you described. I just want to note that we are certainly
willing to speak to this applicant and certainly I'll speak to
Mr. Wagner on behalf of the subsequent applicant about possibly
straightening that right-of-way and solving the problems now.
CHAIRMAN GOEHRINGER: Thank you.
MRS. MOORE: I'd like to respond to some of the commen%s that
were made. Mr. Cardinale, euphamistically used the word speak
to our client while in fact, Mr. Bokina is trying to sell to
our client a straight right-of-way. Our client does not need
this straight right-of-way. It may be inconvenient to make a
sharp turn but this is something that can be dealt with if we
are talking several thousands of dollars or whatever amount
would be agreed to with the parties. We have not spoken of it
with Mr. Cardinale and Mr. Bokina because we are not interested
in purchasing from Mr. Bokina any property since we do have
legal access to this lot by way of all the deeds that were made
a part of your file and the title company is willing to insure
the description which I have as exhibit 7 which I did not men-
tion initially. So that description is going to be in our title
report and in our deed.
CHAIRMAN GOEHRINGER: And that right-of-way runs to the center
of that lot. Is that correct?
Page 11 - November ~ 1987
'Public Hearing - JokV Dempsey/Robin~ Raeburn
Southold Z.B.A.
MRS. MOORE: It runs 52.30 or a little bit beyond that portion. You
can see it on the survey that the area; 52.30 ~nd a little bit to the
east is where the right-of-way more or less ends. That is unclear
because the descriptions are relatively vague. However, even 52 feet
is sufficient area for our client to get to their property and a 50
foot wide drive-way. We would never have a 50 foot wide drive-way.
So we do have access and emergency vehicle would have access. As
far as a utility easement; that is not an issue~before the Board
and it is not one of the issues to be addressed before the Board.
CHAIRMAN GOEHRINGER: Except that you have to excavate the road to
put the utility easement in.
MRS. MOORE: Unless the utility for Lencester is already up there
and we have to deal with the Lencesters to get access to the elec-
trical. As far as the drainage problem, I think Mr. Tsontakis
would be willing to state for you but I will state initially, 145
feet of area will not saturate the Bokina property to the extent
that Mr. Cardinale describes. In addition to that, if there is a
problem in drainage from the house, a single-family house, it can
be eliminated by way of a dry well and that is about the simplest
solution. As far as our lot is concerned...
CHAIRMAN GOEHRINGER: While we have Mr. Tsontakis here, what about
the possibility of a small berm at the end of the road prior to
moving onto the right-of-way area?
MR. TSONTAKIS: That certainly is possible.
CHAIRMAN GOEHRINGER: A low berm.
MR. TSONTAKIS: You're talking about some kind of swell at the edge
of the road, at the edge of the pavement if it is paved.
CHAIRMAN GOEHRINGER: Before the pavement actually. Just to allow
ingress and egress for a car or a truck.
MR. TSON~AKIS: Which could also contain a dry well so that~the
water falling into a swell can be leeched into the ground. Just
by way of're-enforcing what Mrs. Moore said about the saturation
of property; we're talking about a quarter acre, half acre of land
saturating some two or thirds acre down to the south. That's not
very possible because this soil has a very high perculation rate.
The edge of the bluff is at about 75 feet. The edge of the road
is at about 70 feet according to the survey. By the time the water
runs down along there, there's a certain amount of absorbtion by
the ground by perculation. So very little of that, possibly half
the amount of water that falls on the land will end up at the road.
It can be very easily be contained (if necessary) in a dry well.
'0, 1987
Dempsey/Robin Raeburn
Page 12 - Novembc
Public Hearing -
Southold Z.B.A.
MRS. MOORE: To address the issue of a swell or a small berm,
that would probably not create a problem for the client. That
is more of a landscaping technique but it goes back to the is-
sue of how much buildable area we have and the setback from
that right-of-way. Keep in mind that that 97.7 is where the
20 foot right-of-way begins and ends which gives access to Ms.
Murphy. So if you were to put some kind of swell there, that
also lessens the amount of distance from the swell to the con-
struction. So all these things, please keep in mind when you
propose the location of the house. That every time you add some-
thing to it, it reduces the amount of area for building ability.
Thank you.
MR. CARDINALE: Just one_comment and that is this; succinctly put,
the real objection, my real concern with the 280-A; I think if you
look at the proposal, that at the right hand turn into the 20 foot
right-of-way. If you approve this 280-A as it's proposed, it is
physically impossible for an emergency to utilize that right-of-
way to the residence without trespassing on Bokina property. It
simply can not be done. So it seems to me, and you'll do what
you wish to do in your discretion and all, but it seems to me in
fairness, that at this point, you ought to insist that the appli-
cant make an application which would be physically possible for a
vehicle to utilize without trespassing on neighboring property.
That, in a nutshell, was what I think I was trying to say.
MRS. MOORE: As far as his concern is access and your concern in
the emergency vehicles, if it comes to a fire, an emergency ve-
hicle having to get on the property, I believe that an emergency
vehicle would be permitted to trespass to get to that property
if it can't make a sharp turn. So for the number of times, (hope-
fully never) that an emergency vehicle will have to get access to
that property, we hope that they will, if they have to cross half
way through the property, they'll do it to preserve and protect
whatever people or property is being damaged.
CHAIR~N GOEHRINGER: Ok. Heari. ng no further comment, I'll make
a motion closing the hearing and reserving decision until later.
Thank you all for coming in and for your courtesy.
Ail in favor - AYE.
$ L~T Y
Southold, N.Y. 11971
(516) 765-1938
October 5, 1987
Mr. Rudy Bruer
Attorney at Law
Main Road
Southold, NY 11971
RE: Raeburn/Murphy minor subdivision
SCTM # 1000-73-2-2,3
Dear Mr. Bruer:
Enclosed is an endorsed survey for the above mentioned
minor subdivision which has been approved by the Board.
Very truly yours,
D~ane M. Schultze, Secretary
Southold Town Planning Board
enc.
October 2, 1987
Bennett Orlowski, Chairman
Southold Town Planning Board
Southold Town Hall
Main Road
Southold, Ne%¢ York ~11971
Dear Chairman Orlowski:
This will confirm my conversation with Frank Yakaboski, Town Attorney
on Friday, September 25, 1987 in which I indicated that I have been
informed by beth Edgar Hills, Esq. and Philip Cardinale, Esq. that the
right-of-way from Bokina and Johnston has been completed and recorded
within the pa~ ~wo wee~. '
Sincerely,
./
.... P' ^ ........ BOARD
DATE
· Ol' G
STEVE
BOX 1180. 632 ROANOKE AVENUE
RIVERtlEAD, N.Y. 11901
(516) 727-7411
TSONTAKIS ASSOCI FES
Consulting Engineers
1781 KING EDWARD DRIVE
KISSIMMEE, FL. 32741
(305) 846-0455
REPORT (11/13/86)
Building Plot (SCTM ~ 1000-73-62-3.6)
Right of Way off Oregon Road
Cutchogue, N.Y.
The subject property was inspected to make a determination
as to what is required to make it a suitable building site.
DESCRIPTION
This property is situated on the Long Island Sound with
a small beach and a buildable portion South of the bluff.
The bluff is some 75 feet in height and the angle of repose
to the beach is in the order of 40-45 degrees, the Southerly
side of the bluff slopes toward the road. The beach is approxi-
mately 30 feet from the toe of the bluff.
The vegatation on the bluff is
is bear sand on the lower portion,
This bear section of slope extends
beach.
stong, however, there
indicating some errosion.
some 20 feet up from the
DISCUSSION
The upper part of the property, being the Southerly end,
slopes down from the toe of the slope to the right of way.
Any surface water would tend to run away from the bluff toward
the street, which would pose no danger of errosion to the
bluff. This makes this area suitable for construction.
-1-
The bluff itself, with an angle of repose of 45 degrees,
is relatively stable and the existing vegatation is preventing
errosion. Surface water would be that which falls directly
in this area, which can be absorbed. However, the lower~
section which is bear of vegatation is susceptible to errosion.
Since the beach is of little depth, 30 feet or so, heavy storm
conditions would bring the water level up to a point in which
it could scour the base of the slope. It is therefore recommend-
ed that some scour protection be installed at the toe of the
bluff, be it a rock reventment or a short bulkhead wall.
Then the bear slope should be planted. The planting can
be a grass coupled with other plants that are compatible with
the area such as Beach Plums, Russian Olive and Japanese
pines.
The top of the bluff should not be disturbed for a distance
of about 20 feet North to preclude the danger of errosion.
Although the soil can support a foundation for a two
story building, consideration should be given to the installation
of short pilings to support the Northerly foundation footing.
The pilings can be approximately 6 feet long (approximately 8 foot
on center) to
an additional
failure occur.
the footings. This arrangement will provide
safety factor should a condition of soil shear
SGT/bp
Steve G. Tsont~kis, P.E.
-2-
SoUthold Town Board o£Appeals
MAIN ROAD-BTAT£ ROAD 25 SOUTHOI. D, L.I., N.Y. 11971
TELEPHONE {516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3478
Application Dated February 28, 1986
TO: Michael J. Hall, Esq. as
Attorney for BECKY JOHNSTON
Youngs Avenue
Southo]d, NY l1971
[Appellant (s) ]
At a Meeting of the Zoning Board of Appeals held on September l]~ 1986.
the above appeal was considered, and the action indicated below was taken
on your IX] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a (temporary)
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[ ] Request for Variance to the Zoning Ordinance
Article , Section
[ ] Request'~or
Application of BECKY JOHNSTON. Variances for: (l) Building
Inspector to issue building permit allowing existing structure to
be weatherized, prior to final 280-a access approval, and (2
approval of access in accordance With New York Town Law, Section
280-a, over private right-of-way extending from the northerly end
of Bridge Lane Extension and Oregon Road, over lands of Bokina,
identified on the Suffolk County Tax Maps as 1000-73-2-4, to
premises of Johnston, identified on the Suffolk County Tax Maps
as 1000-73-2-1.
WHEREAS, a public hearing was held and concluded on August
1986 in the Matter of the Application of BECKY JOHNSTON under
Appeal No. 3478; and
14,
WHEREAS, at said hearing all those who desired to be heard were
heard and their testimony recorded; and
WHEREAS, the board has carefully considered all testimony and
documentation submitted concerning this application; and
WHEREAS, the board members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the board made the following findings of fact:
l. The property to which appellant is requesting New York
Town Law, Section 280-a approval, is located in the "A" Residential
and Agricultural Zoning District as more particularly shown on
survey amended August 7, 1985 prepared by Roderick VanTuyl, P.C.
#4508-6, contains a total lot area of 25,072 sq. ft., average
lot width of 100 feet and lot depth of 287 feet, and is identified
on the Suffolk County Tax Maps as District 1000, Section 73, Block
2, Lot 1. The subject premises is improved with a single-family
dwelling under substantial re-construction.
2. The right-of-way over which appellant has requested
280-a consideration is situated at the north side of Oregon Road
(and Bridge Lane Extension), and extends in a northerly direction
along the east side of Baxter's right-of-way and over lands of
Bokina, a distance of 1868 feet, more or less, to a survey monu-
ment, then extending in an easterly direction along a northerly
{CONTINUED ON PAGE TWO)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Form ZB4 (~ev. :~!)
/ge° 2 .- Appeal No. 3
.~atter of BECKY JOHNSTON (Variance}
Recision Rendered September ll, lg86
portion over lands also of Bokina, to the premises of the appellant,
a distance of 510 feet, more or less.
3. In this application, appellant requests a Variance
pursuant to the requirements of New York Town Law, Section 280-a,
for: (a) the Building Inspector to be permitted to issue a build-
ing permit allowing the existing structure to be enclosed and
weatherized, prior to final 280-a access approval, and (b)
final New York Town Law, Section 280-a approval.
4. At a Special Term, Part II of the Supreme Court of the
State of New York, County of. Suffolk, under Index No. 86~11849,
a proceeding is pending between the appellant and the owners of
the premises over which the right-of-way is claimed concerning
the question of the applicant's easement and rights thereto.
5. The applicant and her attorney are aware that this
board does not have authority to determine or grant right-of-way
easements, and that this action is merely a temporary 280-a
variance, for the issuance of a limited building-permit by the
Building Inspector, which must conform with all other town,
county, and other governmental rules and regulations, for the
enclq~ure of-the dwelling presently under construction for
protection from bad weather conditions, and is subject to the
appellant having legal rights, to enter over and upon these
lands, and as is ordered by the Courts in settlement of the
pending proceeding.
6. Assurance has been given by the applicant and her
attorney that physical access to the structure is available
by reasonable means and that there will be no occupancy of
the premises once the structure is enc)osed for weather
protection.
7. It is noted for the record that under Appeal No. 2609
a conditional 280-a variance was granted on January 22, 1980
concerning premises to the west and conditions of which have
not yet been complied.
8. After inspection, it is the opinion of the board
members that some improvements will be necessary upon the
right-of-way for sufficient access by fire and emergency
vehicles, as further noted below.
In granting this temporary 280-a variance, the board finds:
(a) the relief requested is not substantial; (b) there will
be no substantial change in the character of this district;
(c) the relief as conditionally granted will not cause a
substantial effect or detriment to adjoining properties;
(d) the circumstances of this appeal are unique and there
is no other method feasible for appellant to pursue other
than a variance; (e) in view of the manner in which the
difficulty arose, justice will be served by allowing the
variance, as conditionally noted below.
Accordingly, on motion by Mr. Sawicki, seconded by
Mr. Goehringer, it was
RESOLVED, that a temporary 280-a approval is hereby
~ ~ -' Appeal No. 3478
,~'tter of BECKY JOHNSTON (Variance)
~ecision R~dered September ll, 1986
GRANTED TO ALLOW ISSUANCE OF A TEMPORARY AND LIMITED BUILDING
~SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the applicant have an easement and rights over
the right-of-way in question;
2. That this approval is subject to the action of the
Courts p~nding concerning this matter;
3. That the applicant and/or future property owners
must re-apply for final 280-a approval in accordance with
New York Town Law after Court settlement for reconsideration;
4. That this temporary 280-a approval include the
following improvements for sufficient access within the base
of the right-of-way:
Extending from the rear of the existing barn to the most
northerly survey monument, a distance of 800 feet, more or less
be excavated six inches deep and replaced with six inches of
bankrun (20% stone content), a minimum width of ten feet.
5. Proper issuance of a temporary building permit shall be
permitted by the Building Inspector only for the enclosure of
the dwelling under construction for protection from bad-weather
conditions. No further construction shall be permitted until
final 280-a has been filed and re-considered (see Condition No.
supra.)
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Douglass and Sawicki. This resolution was duly adopted.
lk
~'~-- --'GERA'~ P. GOEHRINGER, CHAIRM
September 14, 1986
After investigation and inspection, the Board finds that the applicants
have requested approval of access to lots located near Long Island .Sound and
heretofore approved, conditionally, as a minor subdivision by the Planning
Board on November 14, 1979. The lots shown on th(: :;ubdivision map have acces
to the nearest public highway, namely, Bridge Lane Extension at its intersec-
tion with Oregon Road over a 16-foot wide right-of-way. IIowever, upon
examination of the site, the Board found that said right-of-way is not open
and unobstructed throughout its entire length. It is obstructed by a barn
and house at the southerly end within 200 feet, approximately, of Oregon Road
The Board also found that there exists a 20-foot wide right-of-way
(presently of Baxter Properties, Inc.) i~llediately west of the above-mentione.
]6-foot wide right-of-way. The Board believes that if the applicants can ob-
tain the right to use the 20-foot wide right-of-way in the azea in which the
]6-foot wide right-of-way is obstructed by buildings that the combined use of
the rights-of-way in the area where obstructions are loczited would afford
applicants adequate access to the lots in question°
The Board finds that the circumstances present in this case ar~ unique
and that strict application of the applicable laws would produce practical
difficulties or unnecessary hardship. The Board believes that the grant of
a variance in this case will not change the character of the neighborhood
and will observe tho spirit of the zoning ordinan¢;e.
On motion made by Mr. Grigonis, seconded by Mr. Tuthill, it was
RESOLVED, that ROBIN A. RAEBURN and MARY ELIZABETH MURPHY, by George C.
5tankevich, Esq., Main Road, Southold, New York ].1971, be GRANTED approval
of access, New York Town Law, Section 280A, SUBJECT TO THE FOLLOWING CONDI-
TIONS:
1. That the applicants obtain the legal right to use the 20-foot wide
right-of-way (presently of Baxter Properties) lying to the west of the
16-foot wide right-of-way (presently of Raeburn & Murphy); and that the
20-foot wide right-of-way (presently of Baxter Properties) be used in con-
junction with onl~ that portion of the 16-foot wide right-of-%;ay
unobstructed by existing buildings for a distance commencin~ at the
nurtherly line of Oregon Road and extending northerly a distance of ap-
l roximate!~ 200 feet to a point north of the exist~.nQ barn and/er hous~
encroachments of' the 16-foot wide ri~ht-of/~
2. That the applicants file with this
applicants the right to use that portion of
wide right-of-way in recordable form.
Board an instrument granting
the above--described 20~-£'oot
3. That the right-of-way be suitably improved in accordance with
the requirements of thi~ Board adopted March 22, 1979. The full width
and length of the legal~rights-of-way (presently of Raeburn & Murphy)
and that portion, approximately 200 ~eet at least, of the 20-foot wide
right-of-way (presently of Baxter Prbperties) being used conjunctively
shall be improved in accordance with these requirements.
4. That approval and/or recon~endations ef the Suffolk County
]~lanning Commission be obtained pursuant to Section 1332 of the Suffolk
County Charter.
5. That approval and/or reconunendations of the Southold Town Plan-
ning Board be obtained regarding the use of that portion of the above-
dcscribe~ 20-foot wide right-of-way (presently of Baxter Properties).
Location of property: Bridge Lane Extension, Cutchogue; bounded
north by Long Island Sound, south by Bokina, west by Bok.~na and Baxter
i~roperties, east by Parr. County Tax Map Item Nos. 1000-073-002-003 and
part of 1000-073-002-002.
Vote of the Board: Ayes: Messrs. Grigonis~ Doug].a~s and
]~bsent: Messr. Doyen.
ROad, S0~thold, New York, relative to his junk yard situation there.
Mr. Walters claim~m~ , does not run a junk ya~]~ He claims he deals
..... i~ parts. The r~.: he has not erected scrW~ng is that there is
~ covenant in the Laughing Waters'Subdivision which states that no
fencing over 4 feet is allowed. Mr. Walters claims he has removed all
'his property from the lot owned by Mr. Angelo Accardo, which is next
door to his property. The Board is going to reinspect the premises
on April 19, 1979.
On motion by Mr. Gillispie, seconded by Mr. Douglass, it was
RESOLVED, that the Southold Town Board of Appeals approve minutes
for the March 1, 1979, meeting.
Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Doyen,
Tuthill and Douglass.
During'the past several months the Board of Appeals has been hearing
a growing number of applications for recognition of access. After much
discussion and investigation, it was decided that a set of specifications
should be drawn up and used as guidelines for the improvements of the
rights-of-way.
On motion by Mr. Tuthill, seconded by Mr. Grigonis, it was
RESOLVED, that all rights-of-way, private road or other means of
access to one or more parcels of land or buildings shall conform to the
following requirements:
(1) Such access road ~hall have a width of not less than 15 feet.
(2) Such access road shall be cleared of all trees, brush and other
obstructions to a width of 15 feet.
(3) Such access road shall be improved'in either' of the following
methods:
(a) Such access road shall be surfaced with a minimum depth
4 inches of packed 3/4 inch stone blend so as to afford access for
;OUTHOLD TOWN BOARD OF APPEALS -23-
March 22, 1979
~mergency vehicles. Such stone blend may be either applied to the
!round surface & shapgd or the surface may be excavated to permit
he application of packed blend to a depth of 4 inches.
(b) The access road shall have topsoil removed to a depth
8 inches and then filled with 8 inches of a good grade of stone
nd sand bank run. The surface shall then be covered with a layer of
inches to 4 inches of 3/4 inch stone blend.
(c) Oiled with a minimum of 4/10th of a gallon of road oil
er square yard.
(4) All work required as hereinbefore set fo~'th shall be performed
nder the supervision of the Town Engineer and no building permits or
ertificates of occupancy shall be issued by the Building Inspector
ntil the Town Engineer has certified that such access road has been
onstructed in accordance with the foregoing requirements.
(5) Where the terrain of the land over which such access road is to
raverse is such that drainage problems may occur, the applicant shall
e required to construct such drainage facilities as may be recor~ended
y the Town Engineer.
(6) The Board of Appeals may in passing upon any appeal for approval
f access make any reasonable exception as in its judgment it deems
ppropriate to the circumstanceM.
Vote of the Board:
uthill and Douglass.
Ayes: Messrs: Gillispie, Grigonis, Doyen,
The following 1966 Sign Resolution was Reaffirmed and Restated with
~>~m 4, section h modified as follows:
On motion by Mr. Douglass, seconded by Mr. Grigonis, it was
RESOLVED, as a guide to all concerned about signs on or near public
ighways and elsewhere, and in view of letters of notification of sign
[olations now in prepareation, the Board of Appeals hereby summarizes
he guiding principles governing the granting or denial of SPECIAL
XCEPTIONS for signs not specifically covered in the Zoning Ordinance,
~bject to the general provisions of the Ordinance applying to all
pecial exceptions and permissive uses.
1. With Federal, state and local government agencies, the Board
ecognizes that the indiscriminate, uncontrolled use of the advertising
igns, and/or other similar devices located on public or private property
ends to deface the landscape, change the chnracter of the neighborhoo-,
nd is against the best interests of the gene~a[ public of the Town of
outhold, however,
2. The Board is strongly of the opinion that directional signs for
~_~rtain activities are necessarily and demonstrably in the interest of
travelling public whose goodwill and patronage aze necessary to the
TOWN OF SOUTIIOLB, NEW YORK
DAn':
AGTION OF TIlE ZONING ItOAlCD OF APPEAL,q
Appeal No. 2609 Dated September 12, 1979
ACTION OF THE ZONING BOARD OF APPEALS OF TIIE TOWN OF SOUTHOLI)
To
George C. Stankevich, Esq. for Robin A. Raeburn and Appellant
M.ar~ Elizabeth Murphy
Main Road, Southold, New York 11971
at a meeting o[ the Zoning Board of Appeals on January
was considered and the actiou indicated below was taken iJn your
(X) Request for variance due to lack of access to property
) Request for a special exception under tt~e ZoiHI~g Ordinance
) Request for a variance to the Zoning Ordinance
)
22, 1980, the eppeal
1. ~L~I~$~K. By resolution of the Board it was determined that a sbeclal exception ( ) be
granted ( ) be denied pursuant, to Article .................... ~ection .................... Sub::ectlo~ .................... paragraph
.................... of the Zoning Ordinance and the decision of ti%e Building Inspector ( ) be reversed ( ) be
confirmed because October 11, 1979: 8:35 P.M. (D.S.T.) Upon application
of Robin A. Raeburn and Mary Elizabeth Murphy, by George C. Stankevich,
Esq., Main Road, South~ld, New York for a Variance for approval of ac-
cess, New York Town Law, Section 280A. Location of property: Bridge
Lane Extension, Cutchogue, New York; bounded north by Long Island
Sound, south by Bokina,'west by Bokina and Baxter Properties, east
by Parr.
(SEE REVERSE)
2. VARIANCE. By resolution o! the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary
hardship because
(SEE REVERSE)
(b) The hardship created (is) (is not) Unique and (would) (would not) be shared by all pr,,pertics
alike in the immediate vicinity of this property and in the same uso district because
(SEE REVERSE)
(c) Tile variance (does) (does not) observe the spirit o! the Ordinance and (would)
change the character o! the district because
(SEE REVERSE)
(xvould ~ot)
:md therefore, it was furti~er determined that the requested variance ( ) be granted ( ) be denied and
that the previous decisions of the Building Inspector ( ) he confh'med ( ) be reversed.
FORM ZB~
ZONING BOARD OF APPEALS
Road, Southold, New York, relativ~ to his junk yard situation there.
Hr. Walters claims~, does not run a j~nk yar~ He claims he dea%s
./_~i.~'parts. The re~., hi has not erected.s?re~gg is that there as
a co%enant an the Laughang Na~ers'Subdivlsaon whach states that no
~encing over 4 feet is allowed. Mr. Walters claims he has removed all
his property from the lot owned by Mr. Angelo Accardo, which is next
door to his property. The Board is going to reinspect the premises
on April 19, 1979.
On motion by Mr. Gillispie, seconded by Mr. Douglass, it was
RESOLVED, that the Southold Town Board of Appeals approve minutes
for the March 1, 1979, meeting.
Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Doyen,
Tuthill and Douglass.
During'the past several months the Board of Appeals ]]as been hearing
a growing number of applications for recognition of access. After much
discussion and investigation, it was decided that a set of specifications
should be drawn up and used as guidelines for the improvements of the
rights-of-way.
On motion by Mr. Tuthill, seconded by Mr. Grigonis, it was
RESOLVED, that all rights-of-way, private road or other means of
access to one or more parcels of land or buildings shall conform to the
following requirements:
(1) Such access road ~hall have a width of not less than 15 feet.
(2) Such access road shall be cleared of all trees, brush and other
obstructions to a width of 15 feet.
(3) Such access road shall be improved'in eithe~ of the following
methods:
(a) Such access road shall be surfaced with & minimum depth
4 inches of packed 3/4 inch stone blend so as to afford access for
/
',O~THOLD TOWN BOARD OF APPEALS
-23- March 22, 19'79
~mergency vehicles. Such stone blend may be either applied to the
~round surface & shaped or the surface may be excavated to permit
he application of packed blend to a depth of 4 inches.
(b) The access road shall have topsoil removed to a depth
8 inches and then filled with 8 inches of a good grade of stone
nd sand bank run. The surface shall then be covered with a layer of
inches to 4 inches of 3/4 inch stone blend.
(c) Oiled with a minimum of 4/10th of a gallon of road oil
cr square yard.
(4) Ail work required as hereinbefore set forth shall be performed
nder the supervision of the Town Engineer and no building permits or
ertificates of occupancy shall be issued by the Building Inspector
ntil the Town Engineer has certified that such access road has been
~nstructed in accordance with the foregoing requirements.
(5) Where the terrain of the land over which such access road is to
raverse is such that drainage problems may occur, the applicant shall.
required to construct such drainage facilities as may be recor~nended
the Town Engineer.
(6) The Board of Appeals may in passing upon any appeal
£ access make any reasonable exception as in its judgment
p~ropriate to the circumstance~.
for approval
it deems
Vote of the Board:
uthill and Douglass.
Ayes: Messrs: Gillispie, Grigonis, Doyen,
The following 1966 Sign Resolution was Reaffirmed and Restated with
rem 4, section h modified as follows:
On motion by Mr. Douglass, seconded by Mr. Grigonis, it was
RESOLVED, as a guide to all concerned about signs on or near public
ighways and elsewhere, and in view of letters of notification of sign
[olations now in prepareation, the Board of Appeals hereby summarizes
he guiding principles governing the granting or denial of SPECIAL
XCEPTIONS for signs not specifically covered in the Zoning Ordinance,
ubject to the general provisions of the Ordinanc~ applying to all
pecial exceptions and permissive uses.
1. With Federal, state and local government agencies, the Board
ecognizes that the indiscriminate, uncontrolled use of the advertising
igns, and/or other similar devices located on public or private property
ends to deface the landscape, change the chi~r~cter of the neighborhoo-,
nd ~s against the best interests of the gcn~.~a[ public of the Town of
o~:thold, however,
2. The Board is strongly of the opinion that directional signs for
~rtain activities are necessarily and demon~trab]y in the interest of
travelling public whose goodwill and patronage are neces.~ry to the
13.0 A
/
1~.SA (c)
THE SOCIETY FOR THE
PROPAGATION OF THE FAITH
SEE SEC NO 084
SEE SEC. NO. 084 /
i:i/T°: Gerard p. Goehrinoer.
Southold ~ .... ._ ~. · Chairman
Tv.. ooard of ApPeals
From: John W. Davis
Date: August ?, 1986
Re:
Report No. 521
Updating Access Road from Oregon Road to last easterly
lot as shown on the
for ~. VanTuyl Map dated August 7, 1985
The Updated road to be in the 16-ft. r'
N.W. from Oregon Road 1035 feet to m 20-ft. ~8~tw~ a n g
a,o.
of the lots. Note the c ~u
ROW's meet. more than 90 degree angle turn where the
The 16-ft. ROW has two obstruction
house where at.one Point the available s, one at the Boki
at the barn whlch ex ·
able ROW wi tends 7nto W~dth ~s 12 + n~
Road t ,~.d~h of ll ft. ~ th? ROW by 4~ , ,.5-~t. anQ
~._~ o ,,: oarn has ..... '": exlstinn +_~. f~- ~eavln a ·
our~ace is f~-, - vorlaole w~m+~ ~ ~ve~ed w~. ~ g va~l.
~,r~y lege]', ~,~ _..~,s startin ~y from Ore on
packed Sand and gravel for most of the
w.,, m~nor POth~ g at 9 f~. ±. ~
~,es and consists of ~?~d
Side of the barn to the 20 ft. ROW there is no road in the 16 ft.
ROW. This section is under cultivation,length. From the north
The ~0 ft. RO ·
northside w ~ ~ W~wT~l re uir - ·
pro er ~her~ ~ne U:S. -~ e cledrlnn ~.~ .
~ ~P ty l~nes ....... ~,upes up Fn, ~ -,u graainn ....
~ ,t. ~. Tho'~?: w]~h~n WOoded-~__-~unu two monu~:~.~" ~ne
the V~n~ ~OW for about-~ze~ ~ay (only a-~[Z ~.e ?ther --
-~ map an~ ~- ~n~ naif Of f~ · ~m road] i~
"~ '~ apProximatel ~"~ ~ength acco~d~~
Y correct ng to
Recommendations:
1. For the first 200 ft. in the 16 ft ROW, road Width to be
g ft. not centered in the ROW. '
2. Fill the few POtholes With compacted bankrun Sand and loam.
(continued on Page two} '
e 2 Report No. 531
Place a 3" compacted top course of 3/4" stone blend or recycled
concrete on the corrected surface.
4. The remaning length in the 16 ft. ROW, 835 ft. ±, could be
15 ft. in width. This section as follows:
(a) Remove topsoil for 12".
lb) Replace topsoil excavation with compacted clean fill to
a depth so that the successive courses will be higher
say 4" above the adjoining ground. '
(c) Place a 6" compacted base course of bankrun sand, loam and
gravel on the topsoil b~ck~ill. Gravel content to be 35%.
(d) Place a compacted 3" surface course of 3/4" stone blend or
recycled concrete on the bank run.
Re: the 20 ft. ROW with road width at 15 feet:
1. Clear the ROW on the north side.
2. Do necessary grading on the north side.
3. The above requirements 4(a), (b), (c),
20 ft. ROW except for (b) on the north side
be considerably higher than the road.
(d), will apply for the
where the O.S. slope may
~John W. Davis
?
/
/
/
V
DIRECT DIAL.: 95~- 2378
MENDES & MOUNT
THRE~- PARK AV~'NU~-
NEW YORK, NY IOOI6
725 SOUTH FIgUEROA STREET
LOS ANGELES, CA 90017
October 27, 1987
Southold Town Board of Appeals
Main Road
State Road 25
Southold, LI, N.Y. 11971
Attn.: Mr. Gerard P. Goehringer
Chairman
Re:
Appl. No. 3564 - John Dempsey/
Robin Raeburn
Our File: 306,836
Dear Mr. Goehringer:
In response to your letter dated September 30, 1987,
this is to formally advise you that my client, Becky Johnston,
does claim an interest concerning the status of the right-of-way.
We therefore ask that we be advised of any hearing date set to
consider this matter.
Thank you for your cooperation.
LWF/hr
Very trul~y you~
MEND~/~ .MOUN~,
October 9, 1987
Gerard P. Goehringer, Chairman
Southold Town Zoning Board of Appeals
Town Hall
Main Road
Southold, N.Y. 11971
Re:
Appeal No. 3564
John R. Dempsey (Raeburn/Murphy)
Cutchogue, New York
Dear Mr. Goehringer:
Pursuant to the requests contained in your December 8, 1986 and
September 30, 1987 letters (copies enclosed), we submit herewith
following:
the
1. Copy of approved subdivision map entitled "Minor Subdivision made
for Robin A. Raeburn and Mary Elizabeth Murphy", endorsed by the
Southold Town Planning Board Chairman on October 2, 1987.
2. Copy of Grant of Easement by Jennie Bokina to Becky Johnston, dated
Jul~ 3.1,..198~. (Please note: this is a copy of the document presently
o~fered to the Suffolk County Clerk for recording. ~
~ from the agreement we provided to you with our letter of
8/24/87.
Please advise us of our placement on your November
2genda.//~
cc: Mr. Joh]
Paul J.
~uer
R. Dempsey
Modarelli, Esq.
10, 1987 meeting
Southold Town Board of Appeals
MAIN ROAD- BTATE ROAD 25 5OUTHOLD. L.I.. N.Y. 119'71
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
September 30, 1987
TE LEPHONE.(516) 765-1809
Rudblph H. Bruer, Esq.
Main Road
Southold, NY 11971
Re: Appl. No. 3564 - John Dempsey/Robin Raeburn (Variances)
Attention: Mrs. Diana Foster
Dear Diana:
As an addendum to our letter to you of yesterday and
previously communicated with you, please furnish copies of
Schedules A, B and C of the Grant of Easement by Jennie
Bokina to Becky Johnston which was not ~ncluded in your
August 24, 1987 letter of transmittal.
Thank you for your assistance.
Yours very truly,
GERARD P. GOEHRINGER
alski
$outhold Town Board of Appeals
MAIN ROAD-STATE ROAD 25 sOU't'HoLD: L.I., N.Y. 119'71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
December 8, 1986
Rudolph H. Bruer,
Main Road
Southold, NY 11971
Esq.
Re: Appeal No. 3564 - John Dempsey (Variances)
Dear Rudy:
In further researching the property in question, we
have' been advised that there is no record of Planning Board
approval for the lots shown on the "Minor Subdivision Map
for Robin A. Raeburn and Mary Elizabeth Murphy" dated
March 19, 1980.
A copy of the Town Planner's Memorandum is enclosed
for your perusal. Also enclosed is a copy of conditions
placed by the Board of Appeals under Appeal No. 3478, concern-
ing the right-of-way over which you have requested 280-a
approval, which is pending litigation.
Until such time as approval has been received from
the Planning Board and a Court settlement has been
reached concerning the right-of-way, we will be unable
to proceed.
Please keep us advised accordingly.
lk
Enclosures
cc: Planning Board
Building Department
Ms. Mary Elizabeth Murphy
Yours
CHAIRMAN
· TO
-;~.-,' 50UTHOLD
AT.. . _
/,
!" = !Od)' '
IN RE GRANT OF EASEMENT
BY JENNIE BOKINA TO
BECKY JOHNSTON
This I,,E,TURE..ade this ds,
between ~ , residtn8 at Oregon Road, Hamlet of
Cutchegue, Town of Southold, State of New York,
(hereinafter "Grantor") and BECKY, JOHNSTON, residing at 471
West 22nd Street, City of New York, State of New York,
(herinafter "Grantee").
WITNESSETH: That Grantor, for herself and for her
heirs, successors, executors, administrators, and assigns,
being the owner in fee simple of property located in the
Hamlet of Cutchogue, Town of Southold, County of Suffolk,
State of New York, and more fully described at Liber 2283
page 362 recorded in the Suffolk County Clerk's Office, in
consideration of Ten Dollars ($10.00), lawful money of the
United States, and other good and lawful consideration,
paid by or on behalf of Grantee, receipt of which is hereby
acknowledged, and for other good and lawful consideration,
does hereby grant, remise, and release, unto Grantee her
heirs, successors, executors, administrators, and assigns,
a non-exclusive surface easement for the purpose of ingress
and egress only and not for utilities or any other purpose
to the premises described in~Schedule B annexed heretp and
made a part hereof, said right-of-way being described in
Schedule C attached her~tp, and made a part hereof, which
rtsht-of way shall constitute an easement appurtenant to
Grantee's property in the County of Suf£olk, State of New
York, ~escrlbed in Schedule B. Grantor, her h~irs,
successors, executors, administrators, and asstsns shall
have no responsibility whatsoever for improvements or
maintenance of such area as described in Schedule C.
Grantor, her heirs, successors, executors, administrators,
and assigns reserves the right to terminate the easement
granted herein and relocate same so long as substantially
similar access for ingress and egress to the property is
provided.
This indenture shall be binding upon Grantor, her
heirs, successors, executors, administrators, and assigns,
shall run with the land, and shall inure to the benefit of
Grantee her heirs, successors, executors, administrators,
and assigns.
In witness whereof, Grantor has hereunto set her hand
and seal the day and year first above written.
O JENNIE BOKINA
In the presence of:
STATE OF NEW YORK: COUNTY OF SUFFOLK
On the ~ I ~day of --~ \'V , 1987, before me
)ersonally came Jennie Bokina! to me known to be the
individual described in and who executed the foregoing
instrument, and acknowledged that she executed the same.
Notary ~ubli~
ALL that lot or parcel of land situate in the To~n of Southold,
County of Suffolk and State of New York~
BEGINNING at an iron bar set at the intersection of the
westerly line of land now or formerly of Louis Heckman with the
northerly line of land now or formerly of J. J. Drum;
THENCE South 70 degrees 30' West along the northerly line of lands
now or formerly of J. J. Drum a distance of 100.00 feet;
THENCE North 45 degrees 28' West to high water mark of Long Island
Sound;
THENCE North 78 degrees 40' East along high water mark of Long Island
Sound, lO0.00 feet to land now or formerly of Louis Heckman;
THENCE South 45 degrees 28' East along said land now or formerly
of Louis Heckman through an iron bar sst at or nea~ the top of the bank
of Long Island Sound a distance of 327.00 feet more or less to the
point or place of beginning.
Tab No. .....................
BEGINNING at a point distant the following five courses and
distances from the monument set at the corner formed by the
intersection of the northerly side of Oregon Road and the
easterly side of Bridge Lane:
1) South 51 degrees 44 minutes 30 seconds West,
2) North 45 degrees 11 mintues 20 seconds West,
3) North 44 degrees 48 minutes 40 seconds East,
4) North 70 degrees 20 minutes 10 seconds'East,
5) North 70 degrees 16 minutes 10 seconds East,
the true piont of beginning;
28.77 feet;
1035.38 feet;
16.0 feet;
259.06 feet;
20.0 feet to
RUNNING THENCE from said true point of beginning North
16 minutes 10 seconds East, 277.70 feet;
70 degrees
RUNNING THENCE South 19 degrees 43 minutes 50 seconds East, 15 0
feet; '
RUNNING THENCE South 70 degrees 16 minutes 10 seconds West, 277.70
feet;
RUNNING THENCE North 19 degrees 43 minutes 50 seconds West, 15.0
feet to the point or place of BEGINNING.
For con~-,ynnc/ng on/y, ~ Together with all right, title and' interest of, in and to any streets and
i/intended go ~ co~t~yed. ~ roads abuttinf~ the above described prefuim~ to the cemer' line thereof
COUNTY Of SUFFOLK
SOIL AND WATER CONSERVATION DISTRICT
SUFFOLK COUNTY EXECUTIVE
October 6, 1987
Mr. Gerard P. Goehringer, Chairman
Sout~hold To~n Board of Appeals
M~n Road - State Road 25
Southold, New York 11971
Re: Application Number 3564 - John R. I'~u{~sey/Robin Raeburn Property
I am forwarding a letter from Allan S, Cu[~ell, District Comservatiomist, USDA, Soil
Conservation Service on the Application ~%m~her 3564 - ~Jnpsey/P~eburn Property that
you sent us which was dated September 29, 1987.
Sincerely yours,
Stanley A. Pauzer
District }i~nager
Enclosure
~ Plato
164 O~d Counby Road, Rot,,le 58
Riverhead, NeW York '11901
Ph0ne:516-727-2315
United States Soil
Department of Conservation
Agriculture Service
Peconic Plaza
164 Old Cotmtzy Road, Route 58
Riverhead, ~ew York 11901
October 6, 1987
Mr. Stanley A. Pauzer
District Mmnager
Suffolk County Soil & i~later Conservation District
Peconic Plaza, 164 Old Cotmt-ry Road, Route 58
Riverbead, New York 11901
Dear Stan:
An inspection of the Dempsey/P~bin P~eburn property showed no significant
changes to the condition of the bluff and it's surrounding area. It is in
the same condition that it was in a year ago ~en I did ~ original inspection.
Sincerely yours,
Allan S. Co:,nell
District Conservationist
The Soil Conservation Service SCS-AS-1
~s an agency of the 10-79
Department of Agriculture
October 2, 1987
Gerard P. Goehringer, Chairman
Southold Town Zoning Board of Appeals
Town Hall
Main Road
Southold, New York 11971
Re: Appeal No. 3564-John R. Dempsey
Dear Mr. Goehringer:
In response to your letter of September 29, 1987 (copy enclosed), we
enclose herewith three (3) photocopies of survey marked to clearly
indicate the subject right of way.
The schedules requested in your 9/30/87 letter are not in my
possession and were requested several weeks ago from another office
but never received. I will endeavor to obtain same from a different
source.
Please advise us of our placement on your meeting agenda.
Sincerely,
Enc.
cc: John R. Dempsey
Paul J. Modarelli,
Esq.
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
September 30, 1987
Rudolph H. Bruer, Esq.
Main Road
Southold, NY 11971
Re: Appl. No. 3564 - John Dempsey/Robin Raeburn (Variances)
Attention: Mrs. Diana Foster
Dear Diana:
As an addendum to our letter to you of yesterday and
previously communicated with you, please furnish copies of
Schedules A, B and C of the Grant of Easement by Jennie
Bokina to Becky Johnston which was not included in your
August 24, 1987 letter of transmittal.
Thank you for your assistance.
Yours very truly,
GERARD P. GOEHRINGER
(~~al ski
Southoid Town Board of Appeals
MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11c:J'71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARO P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONI$, JR.
SERGE DOYEN, .IR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
September 29, 1987
Edson & Bruer
Main Road
Southold, NY 11971
Attention: Mrs. Diana Foster
Re: Appl. No. 3564 - John R. Dempsey (Variances)
Dear Diana:
This letter will confirm our telephone conversation
today that the file has been declared incomplete pending
direct submission from your office, as agent for the
applicant, of three prints of a survey certifying to
the current owner and/or contract vendee the entire
access route, legal widths, and any and all obstructions
of recent date within the right-of-way and to be con-
sidered at the next available hearing date.
As noted in our September 15th letter, the advertising
deadline for October 8th was September 25th and therefore
this matter will be considered for the following agenda
for a public hearing provided we receive the above
document by October 16th.
Yours very truly,
GERARD P. GOEHRINGER
da Kowalski
cc: Stephen R. Angel, Esq.
Southold Town Board of Appeals
MAIN ROAD- E~TATE ROAD 2S SOUTHE}LD, L.I., N.Y. llg?l
TELEPHONE (516) 765 1B09
APPEALS BOARD
MEMBERS
GERARD P GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN. JR.
ROBERT J. DOUGLASS
JOSEPH H, SAWICKI
September 29, 1987
Mr. Stanley A. Pauzer, District Manager
Suffolk County Soil & Water Conservation District
Peconic Plaza - C.R. 58
164 Old Country Road
Riverhead, NY 11901
Re:
Appl. No. 3564 - John R. Dempsey/Robin Raeburn
Your Evaluation Letter Dated October 16, 1986
Location of Property: ROW off N/s Oregon Road, Cutchogue
Dear Mr. Pauzer:
Approximately a year ago, you were kind enough to forward
to furnish us with an extensive evaluation concerning the
above premises.
Inasmuch as we are now in a position to deem our file
complete and are updating our record concerning conditions
at the site, the Board has requested a update by your
agency, if possible, to determine adverse changes at the
bluff area and areas within 100 feet of the bluff.
Enclosed is a copy of the July 14, 1986 survey of
ADthony W. Lewandowski and written communications from the
applicant's attorney confirming a setback of approximately
24 feet from the highest contour line (75 ft. above MSL)
and proposal to excavate at a distance of nine feet,
approximately, from the 75 ft. contour line. We are
assuming that the 75 ft. contour line is the highest
point of the bluff since the "top of bluff" contour line
is not depicted on this survey.
Page 2 - Appl. No. 3564
To: Mr. Stanley A. Pauzer
September 29, 1987
It is assumed at this point that the dwelling will be
constructed upon a full foundation, with a depth of at least
eight feet.
Thank you for your time and all your efforts.
Yours very truly,
lk
Enclosures
GERARD P.
CHAIRMAN
GOEHRINGER
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H, SAWlCKI
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 2.5 $OUTHOLD, L.I., N.Y.
TELEPHONE (516) 765-1809
September 30, 1987
Rudolph H. Bruer, Esq.
Main Road
Southold, NY 11971
Re: Appl. No. 3564 - John Dempsey/Robin Raeburn (Variances)
Attention: Mrs. Diana Foster
Dear Diana:
As an addendum to our letter to you of yesterday and
previously communicated with you, please furnish copies of
Schedules A, B and C of the Grant of Easement by Jennie
Bokina to Becky Johnston which was not included in your
August 24, 1987 letter of transmittal.
Thank you for your assistance.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 S[:]UTHOLD, L.I., N.Y.
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J, DOUGLASS
JOSEPH H. SAWlCKI
September 30, 1987
Leo W. Fraser, III,
Mendes & Mount
3 Park Avenue
New York, NY lOO16
Esq.
Re: Your File: 306,836
Appl. No. 3564 John Dempsey/Robin Raeburn
Dear Mr. Fraser:
In reviewing the Southold Town Planning Board file
on the Minor Subdivision for Raeburn-Murphy, it has come
to our attention that you are counsel to Ms. Becky Johnston,
who is the owner of Lot No. 3, to the east of the subject
application (of Lot No. 2).
In the event you have an interest concerning the
status of this right-of-way under New York Town Law,
Section 280~a, please notify our office.
At this point in time, the right-of-way under con-
sideration has not received final consideration under
New York Town Law for any of the lots along the Sound~
thereby prohibiting issuance of any Certificates of
Occupancies on pending building permits or issuance of
any new building permits.
Yours very truly,
Enclosures
GERARD P.
CHAIRMAN
By Linda
GOEHRINGER
Kowalski
TELEX:620392, SEO33E
CABLE:MENMOUNT
TELECOP¥:951 2248
DI~qECT DIAL;951- 2378
RECEIVED
MENDES& MOUNT
THREE PARK AVENUE 72 i ' U UEROA STREET
NEW YOF~K, NY 10016 (Z13) 955-7700
July 15, 1987
Mr. Bennett Orlowski, Jr.
Chairman
Southold Town Planning Board
Southold, New York 11971
Re:
Raeburn-Murphy Subdivision
at Cutchogue
Our File: 306,836
Dear Mr. Orlowski:
We are counsel to Ms. Becky Johnston, who is the owner
of the lot that adjoins Lot No. 3 (the Mary Murphy property) to
the east.
As you may be aware, Ms. Johnston's right to ingress
and to egress from her property is a matter of dispute between
her and the owner of the property adjoining these lots to the
south, Jennie Bokina.
With regard to the above proposed subdivision, the
resolution by the Planning Board adopted on November 14, 1979,
conditioned its approval of the subdivision on three conditions,
one of which was that a right-of-way be continued for 150 feet
across Lot No. 3. This would extend the existing right-of-way
to Ms. Johnston's property and provide her legal access regardless
of the outcome of the dispute with Mrs. Bokina.
Although we have not yet seen it, we understand that
the Planning Board has received a letter from Rudolph H. Bruer,
Esq., which represents that my client's problems of access have
been resolved. Unfortunately, this is not the case. In fact,
her access to her property continues to be denied by Mrs. Bokina
and/or her agents. An existing right-of-way across the Bokina
property to Ms. Johnston's property remains physically obstructed.
In view of this, we would object to any change in the
Board's condition for approval of the subdivision that the right-of-way
across Lot No. 3 be extended. Any such change would clearly be
adverse to Ms. Johnston's interests. If an application for a
change or elimination of such condition is filed, we would request
the opportunity to be heard on Ms. Johnston's behalf. Thank you
for your cooperation.
Very truly yours,
LWF/af
cc: Becky Johnston
MENDE~UNT ~
BY: Le /r asl,
Rudolph H. Bruer, Esq.
Robert W. Tasker, Esq.
Southold Town Board o£ Appeals
MAIN ROAD- STATI:' ROAO 2.~ SOUTHOLD, L.I., N.Y. llCJ?l
FELEPHONE (516) 765 1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
September 29, 1987
Edson & Bruer
Main Road
Southold, NY 11971
Attention: Mrs. Diana Foster
Re: Appl. No. 3564 - John R. Dempsey (Variances)
Dear Diana:
This letter will confirm our telephone conversation
today that the file has been declared incomplete pending
direct submission from your office, as agent for the
applicant, of three prints of a survey certifying to
the current owner and/or contract vendee the entire
access route, legal widths, and any and all obstructions
of recent date within the right-of-way and to be con-
sidered at the next available hearing date.
As noted in our September 15th letter, the advertising
deadline for October 8th was September 25th and therefore
this matter will be considered for the following agenda
for a public hearing provided we receive the above
document bY October 16th.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
By. Linda Kowalski
cc: Stephen R. Angel, Esq.
Southold Town Zoning
Board of Appeals
Southold Town Hall
53095 Main Road
Southold, New York 11971
E$$EKS, HEFTER ~, ANGEL
COUNSELORS AT LAW
108 EAST MAIN STREet
R O. Box 279
R~VERHEAD, N.Y. 1~901
(5161369-1700
September 23, 1987
WATER MILL O~'FiCE
MONTAUK HIGHWAY
P. O. Box 570
WATER MILL, N.Y. [1976
Re: Application No. 3564 - Robin Raeburn, John Dempsey
Attention: Linda Kowalski
Dear Linda:
Several weeks ago I told you that I would send you a letter
setting forth my interest in the above-captioned application.
This is the letter I said I would send.
Our firm represents Mary Elizabeth Murphy who is the owner of Lot
No. 3 on the Raeburn/Murphy subdivision. I believe Lot No. 2 of
this subdivision is the property before you on the above-captioned
application.
Both Lot No. 2 and Lot No. 3 appear to be un-buildable without a
variance from the 100 foot set back required from the crest of the
bluff. This appears to be the relief requested by Ms. Raeburn and
Mr. Dempsey and will be the subject of the October 8th hearing,
assuming they send all the information requested by the board.
On behalf of Ms. Murphy, we intend to make application promptly
for similar relief. We are in the process of obtaining a survey
of the property showing a proposed building envelope so that our
application can be properly presented to the board.
I expect to be present on October 8th to monitor the application
set forth above, and if necessary, present Ms. Murphy's position.
SRA: mg
Ver~ truly vours,
/
xc: Ms. Mary Elizabeth Murphy
September 25, 1987
Gerard P. Goehringer, Chairman
Southold Town Zoning Board of Appeals
Town Hall
Main Road
Southold, New York 11971
Re: Appeal No. 3564-John R. Dempsey
Dear Mr. Goehringer:
In response to your letter of September 15, 1987 (copy enclosed), the
information you requested is set forth hereinbelow, point by point:
1. Be advised that I represent the property owner with respect to this
application. If further consent is required, it will be presented at,
or before, the public hearing on October 8, 1987.
2. with respect to this application, I am the attorney representing
both the property owner, Ms. Raeburn, and the applicant, Mr. Dempsey.
Paul J. Modarelli, Esq., represents Ms. Raeburn with respect to the
sale of her property. If necessary, the application can be modified
to reflect parties as co-applicants. A copy of the Contract of Sale
is enclosed herewith.
3. Be advised that this is the same right of way presently in the
process of being improved in accordance with your 9/14/86 conditional
approval of Appeal #3478 (Becky Johnston). Please refer to your file
(#3478) for the survey information you request.
4. Applicant proposes a poured concrete foundation for the dwelling.
The "setback given" is 28 feet (approx.) from the top of the bluff and
we can roughly calculate the setback distance from the 75-foot contour
line to be 24 feet (approx.).
5. No changes in contours are proposed. Excavation for the proposed
foundation will fall entirely within the 100 foot setback of the
bluff, with grading extending no further than a 15-foot perimeter of
the foundation.
Please advise us of our placement on your October 8th agenda.
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, .IR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
September 15, 1987
Rudolph H. Bruer, Esq.
Main Road
Southold, NY 11971
Re: Appl. No. 3564 - Robin Raeburn/John Dempsey
Dear Rudy:
This letter will confirm that the Board members have
reviewed your correspondence received August 25, 1987 in
the above matter and request the following information to
be furnished as early as possible:
~ ~" 1. Written owner consent (from the property owner);
2. Attorneys of record for the property owner and
the applicant together with a copy of the conditions of
the contract of sale and names of any and all interested
parties;
3. Survey in triplicate certifying the condition
of the rights-of-way over which you are requesting final
280-A approval, and depicting any obstructions and the
open width requested for traverse over;
4. During or before the hearing date, confirmation
as to type of foundation proposed for the dwelling, and
the setback distance from the 75-ft. contour line.
(The setback given is 28± from a line drawn past the
75-ft. contour line.)
5. During or before the hearing date, confirmation
of the areas within the 100 ft. setback of the bluff
which will be regraded, excavated, etc. and proposed
changes in contours, if any.
Page 2 - September 15, 1987
To: Rudolph H. Bruer, Esq.
Re: Appl. No. 3564 Raeburn/Dempsey
We would like to arrange to advertise this matter for a
public hearing to be held on October 8th and therefore must
request receipt of the above information on or before
September 25, 1987.
If you need additional time concerning submission of
the documentation in paragraph #5, supra, please give us a
call.
As you know from past experience, if you are not able
to submit the documentation for consideration by the Board,
this matter will automatically be carried over to the
following agenda and will not be taken out of order for
the hearing calendar.
Please keep us advised.
pV e ry truly
.JGOEHRINGER
CHAIRMAN
cc: Stephen R. Angel, Esq.
AX btAP
;IGNATION
1000
073.00
02.00
)3
C~T YO~ ~ER B~I~#II4G MiS MT~M~--THIS mST~M~HO~ BE USm BY ~/~gm~ Ol~Y.
NOTE: ~ LO~,SF.,~. This form of contract contains no express provision as to risk of loss by fire or other casualty
before de|avery of the deed. Unle~ express provision is made, the provisions of ~ectinn 5~ 311 of thc C, eneral Obligations
I~w wflJ apply. "['~is section also places risk of loss upon purchaser if title or po~ession is transferred prior to dosing.
THLS A~KK~NT, made the
BE~EEN
22 day of APRIL
, nineteen hundred and eighty-six
ROBIN A. RAEBURN, whose address is 906 San Carlos Drive,
Fort Meyers Beach, Florida 33931
hereinafter described as ~e seller, mud
JOHN R. DEMPSEY, _~ ~- , i ~ ~ located
at~. O. Box 5, Broadwaters Roa~, Cutchogue, New'York 11935
hereinafter described as the purchaser, vacant
~q~i'[NF.,S.SI:,~II'~ that the seller agrees to sell and convey, and the purchaser a~e~ to pur. chx? all that certai~plot, piece
or pe~cel of lend, 1Ldl~,a~lldlo~a:Jio~cltll~.,,.,.~,~lll~:llhl~ dtuate, ]ymg and bemg m the TOW~
Southold, County of Suffolk, and State of New York, located on a privat
road off Oregon Road, Cutchogue, New York 11935.
Said premises are also described as follows:
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,
and acquired by Tax Deed on February 7, 1983, from Jean H. Tuthill,
the County Treasurer of Suffolk County, New York, and recorded on
February 8, 1983, in Liber 9311, Page 572/573, and by Affidavit
of Jean H. Tuthill, County Treasurer of Suffolk County, New York, date¢
May 10, 1983, recorded on May 11, 1983 in Liber 9357, Page 83,
corrected to Tax Map No. 1000-073.00-02.00-p/o 003.002 and thereafter
on May 31, 1983, the Suffolk County Real Property Tax Service Agency
retired said Number and changed it to Suffolk County Tax Map Number
1000-073.00-02.00-003.005, and otherwise known as and by the Town of
Southold Sch Dist 9 N-Sound E-Murphy S-Bokina W-Raeburn and
iTOGETHER, with all right, title and interest, if any, of the party
of the Seller, in and to any streets and roads abutting the above-
described premises to the center lines thereof;
TOGETHER with the appurtenances and all the estate and rights of
the Seller in and to said premises.
I. ~ sale includes all right, title and interest if any of the s~ller in &nd to anF I~nd lying in the bed of any street, road or
avenue opened or proposed, in front of or adjoining said premises, to the center line thereof, and all right, title and interest
of the seller ia and to ,any awaxd made or to be made in lieu thereof and in and to any unpaid award for damage to said
premises by reason of change of grade of any street: and the seller will execute and deliver to the purchaser, on closing of
~itle~ or thereafter, on demand, all proper instruments for the conveyance of such title and thc assignment and collnctinn of
*a~, ~ach award,
/[',,
i2. T~;- One Hundred Fifty Thousand and 00/100's ($150,000.00)
Dollars. payable u follows:
Fifteen Thousand and 00/100's ($15,000.00) Dolhrs,
on'the signing of this contract, by check subject to collection, the receipt of which is hereby acknowledged:
One Hundred Thirty-Five Thousand and 00/100's ($135,000.00) DoHars.
in cash or good certified check to the order of the seller on the dehvery of the deed as hereinafter provided;
and subordinate to the lien of the existing mortgage of $ ' ~s
thereof and to any mortgage or consolidated mortgage which may he placed on t~thereof, and to any
extensions thereof provided (a) that the interest rate thereof shall not ~ per cent per annum and (b)
that. if the principal amount thereof shall excee~%!ing mortgage at
the time of placing such new mortgage or c~.i&l~d~'~ortgage~er of such purchase money
mortgage in reducti~e that such payment to the
holder ~nder an~l 'shall further
provid er thereof will. on demand and without charge therefor, execute, acknowledge and deliver any agree-
5. If there be a mortgage on the premises the seller ·grees to deliver to the purchaser at the time of delivery of the deed a proper
certificate executed and ·cknowhdged by the holder of such mortg·ge and in form for recording, certifying as to the amount
of the unpaid princip, al and interest thereon, date of maturity thereof and rate of interest thereon, and the seller shall pay the
fees for recording such certific·te. Should the mortgagee he a bank or other institution as defined in S~ction 274-e. Real
Property Law, the mortgagee may, in heu of the said terrific·re, furnish · letter signed by a duly authorized officer, or em-
ployee, or ·gent, cont·inlng the inform·tlon required to he set forth in said certificate. SelJer represents that such mortgage
will not he in default at or as · result of the delivery of the deed hereunder and that neither said mortgage, nor any modific·tion
thereof contains any provision to ·ccehrate payment, or to change any of the other terms or provisions thereof by reason of the
delivery of the deed hereunder.
6. Said premises are sold and are to he conveyed subiect to:
a. Zoning regulations and ordin·nces of thc city. town or vi]lage in which the premises lie which are not violated by
existing structures.
b. Consents by the seller or any former owner of premises for the erection of any structure or structures on. under
or above any street or streets on which said premises may abut.
c. F-ncroachments of stoops, areas, cellar steps, trim and cornices, if any, upon any street or highway.
6A. The contract is expressly contingent upon Purchaser obtaining at its own cost an
expense within six months (6) of the date hereof, the following:
a). Health Department approval.
b). Department of Environmental Conservation approval.
c). Approval from Town for construction.
d). Building permit.
e) s!talfSrSv eVm f . Land Certificate of Occupancy not reauirin
If the above are nor obtained within said six monthPeriod, Seller may cancel the
within contract and return all deposit monies.
Omit
7. All notes or notices of violations of law or municipal ordinances, orders or requirements noted in or issued by the Depart-
ments of Housing and Buildings. Fire, Labor. Health. or other State or Municipal Department having jurisdiction, against
or affecting the premises at the date hereof, shall he complied with by the seller and the premises shall be conveyed free of
the same, and this provision of this contract shall survive delivery of the deed hereunder. The seller shall furnish the purchaser
with an ·uthorization to make the necessary searches therefor.
the City of New York (Sections 564.
the seller
9. If. at the time of the delivery of the deed. the premises or any part thereof shall be or shall have been affected by an assess-
ment or assessments which are or may become payable in ·nnu·l installments, of which the first installment is then a charge
or lien. or has been paid, then for the purposes of this contract all the unpaid installments of any such assessment, including
those which are to become due and pay·bh after the delivery of the deed, shall he deemed to be due and payable and
to be liens upon the premises afecte~hereby and shall he paid and disch·rged by ;eller, upon the delivery of the deed.
10. ~The following are to he ap~ed:
RIDER TO CONTRACT OF SALE
Said premises are presently known on the Suffolk County Tax
Map as District 1000, Section 073.00 - Block 02.00 Lot 003.006.
This contract is further subject to the following:
This contract is subject to the Southold Town Planning
Board signing and filing with the Clerk of the Town of
Southold an approved minor subdivision approving the~division
of the property as setforth herein and leaving the subject
premises herein a buildable lot.
This contract is further subject to the installation of
the road improvements that are required by the Southold Town
Planning Board and the Southold Town Zoning Board of Appeals
and being approved by the Planning Board and/or Zoning Board
of Appeals whichever one is required or both.
This contract is further subject to purchasers title
company insuring purchasers use of the right of way from the
subject premises to Oregon Road for all purposes including,
ingress, egress and all utilities.
In the event that the seller cannot give purchaser the
right of way as setforth in the description, this contract is
further subject to a right of way that is acceptable to
purchaser and purchasers title company for all purposes to and
from Oregon Road.
Seller represents that there are no ne~
adjoining~uw~-~, dispute aim to the right
~f way ~~ision map w~ich.
is or w
lng Board of Appeals.
In the event the above mentioned subdivision has not been
approved by the Southold Town Planning Board, to wit, not
having a signed and filed subdivision map and the Southold
Town Planning Board now requires the filing of Covenants and
Restrictions, then and in that event, this contract is subject
to purchaser reviewing such covenants and restrictions and
approving same.
ot ri ht of w su ]ect
premises, seller re n y
y over said premises.
It is hereby agreed by the parties that the contract
downpayment will be held in escrow by sellers attorney until a
closing takes place in accordance with this contract.
In the event the Subject To clauses on this page and in
Paragraph 6A of the printed form of the Contract are not
completed or obtained within the six month period se~forth in
Paragraph 6A, then in that event, purchaser shall be entitled
to cancel this contract on written notice to sellers
attorney. Thereafter, the parties agree that the contract
payment will be returned to purchaser and neither party will
have any rights one against the other and the contract will be
deemed null and void.
BEGINNING at a point on the westerly side of a certain 20
foot right of way where said right of way is intersected by
the easterly side of land now or formerly of Elizabeth Murphy
with the northerly side of said 20 foot right of way;
RUNNING THENCE from said point of beginning North 44
degrees 29 minutes 40 seconds West 360.00 more or less to the
ordinary high water mark of Long Island Sound;
RUNNING THENCE along the ordinary high water mark of Long
Island Sound a distance of 155 feet more or less to land now
or formerly of Brienza (now or formerly of Raeburn/Murphy).
RUNNING THENCE along last mentioned land South 44 degrees
29 minutes 40 seconds East 350.00 feet more or less to the
northerly side of the aforementioned 20 foot right of way.
RUNNING THENCE along the northerly side of the
aforementioned right of way the following two courses and
distances:
1. South 70 degrees 16 minutes 10 seconds West 97.70
feet to a point;
2. South 70 degrees 20 minutes 10 seconds West 52.30
feet to the point or place of BEGINNING.
TOGETHER WITH a free and uninterrupted 20 foot right of
way for ingress and ingress, all utilities and for all
purposes extending from the southerly boundary of the subject
premises southwesterly and southerly to the intersection of
Oregon Road and Bridge Lane.
SAID right of way being further described as follows:
BEGINNING at a point on the southerly side of the
premises herein described which point is northerly 5~2.30 feet
from the intersection of the easterly side of land now or
formerly of Mary Elizabeth Murphy that is intersected with the
northerly side of said right of way;
RUNNING THENCE along the northerly side of said right of
way, South 70 degrees 20 minutes 10 seconds West 259.08 feet
to the southerly corner of land now or formerly of Mary
Elizabeth ~Murphy
RUNNING THENCE South 70 degrees 20 minutes 10 seconds
West 9.97 feet to a point in a certain 25 foot right of way;
THENCE South 44 degrees 48 minutes 40 seconds West 16
feet to land now or formerly of Baxter;
RUNNING THENCE along land now or formerly of Baxter South
45 degrees 11 minutes 20 seconds West 1035.38 feet to a
monument on the northerly side of Oregon Road;
RUNNING THENCE along the southerly side of Oregon Road
North 51 degrees 44 minutes 30 seconds East 16.12 feet to a
monument and lands now or formerly of Bokina;
RUNNING THENCE along lands now or formerly of Bokina
North 45 degrees 11 minutes 20 seconds West 1015.17 feet to a
monument and the southerly side of the right of way being
described;
RUNNING THENCE along the southerly side of said right of
way and through land now or formerly of Bokina North 70
degrees 20 minutes 10 seconds East 360.00 feet more or less;
RUNNING THENCE across said right of way North 44 degree~
29 minutes 40 seconds West 25 feet more or less to the
southeasterly corner of the above described premises;
RUNNING THENCE along the southerly side of the above
described premises North 70 degrees 16 minutes 10 seconds East
97.07 feet to the point or place of BEGINNING.
SUBJECT TO a 20 foot right of way over the southerly side
of the premises for the exclusive benefit of Lot No. 3 shown
on Minor Subdivision map made for Robin A. Raeburn and
Mary Elizabeth Murphy by Roderick Van Tuyl, P.C. and dated
February 5, 1979 a distant of 97.70 feet, the southerly
boundary of said right of way being described as follows:
BEGINNING at a point where the easterly side of the
subject premises intersects the first described 20 foot right
of way;
RUNNING THENCE South 70 degrees 16 minutes 10 seconds
West 97.70 feet.
TOGETHER WITH all rights of ways of seller that .are shown
on Minor Subdivision map made for Robin A. Raeburn and
Mary Elizabeth Murphy by Roderick Van Tuyl, P.C. and dated
February 5, 1979.
TOGETHER WITH all the purposes of the right of way as
setforth in Mortgage dated the 19th day of November, 1972 and
recorded in the Suffolk County Clerk's Office on November 30,
1972 in Liber 6565, page 281.
A more accurate description will be used if purchasers
title company issues same.
I I., If he closing of the title Sblll~ccur before the lax rate is fixed, the apportion of taxes shah be upon the basis ot the
?.x rate for the next preceding y{~llipplied to the latest assessed va uation.
~'2. If there be a water meter on the premises, the seller shall furnish a reading Io a date not more than thirty days prior to the
t:me herein set for closing title, and the unfixed meter charge and the unfixed sewer rent. if any. based thereon for the intervening
time shall be apportioned on the basis of such last reading.
13. The deed shall be the usual Bargain and Sale Deed with Covenants Against Grantors' Acts.
deed in proper stalutory short form for record and shall be duly executed and acknowledged so as Io convey lo the purchaser
the fee simple of the said premises, free of all encumbrances, excepl as herein stated, and shall contain the covenant required by
subdivision 5 of ~ecgon 13 of the Lien Law.
If the seller is a corporation, il will deliver to the purchaser al the time of the delivery of the deed hereunder a resolugon of
its Board of Direclors authorizing the sale and delivery of the deed, and a certificate by the Secretary or Assislant Secretary
of the corporation certifying such resolution and setting forth facts showing thai the conveyance is in conformity with the
requirements of Section 909 of the Business Corporation Law. The deed in such case shall contain a recital sufficienl to
establish compliance with said section.
14. At the closing of the title the seller shall deliver Io the purchaser a cerlified check Io the order of the recording officer el
the counly in which the deed is to be recorded for the amount of Ihe documentary stamps to he affixed therelo in accordance
with Article 31 of the 'Fax Law, and a certified check to the order of the appropriale officer for any other tax payahle by
reason of the delivery of the deed. and a return, if any be required, duly signed and sworn Io by the seller; and the purchaser
also agrees to sign and swear Io the return and to cause the check and the return ~o be delivered to the appropriate officer
promptly after the closing of title.
~6. The seller shall give and the purchaser sha~l accept a title such as Ticor Title Guarantee Compa. ny or any other
Licensed title companya Member of the New York Board of Title Underwriters. will be willing to approve and insure.
17. All sums paid on account of this contract, and fl~e reasonable expenses of the examination of the title Io said premises and
of the survey, if any. made in connection therewith are hereby made liens on said premises, but such liens shall not continue
after default by the purchaser under this contract.
'{seintedflt~ ~ evened ~y the'se'l~r: f~in st~ '" ~ ,s sale;
without limiting the generality of ~~m~i. ng,, heating,
lish ng and cook ng*~..aeria!s, bathroom
and kitcbe ' r m~rrors, venetian blinds, shades, screens, awnings, storm windows, window boxes, slorm
19. The amount of any unpaid taxes, assessments, water charges and sewer rents which the seller is obbgaled to pay and dis-
charge, with the interest and penalties thereon to a date not less than two business days after the dale of closing title, may at the
option of the seller be allowed to the purchaser out of the balance of the purchase price, provided official bills therefor wi~h
interest and penalties thereon figured to said date are furnished by the seller at the closing.
20. If at the date of closing there may be any other liens or encumbrances which the seller is obligated to pay and discharge,
Ibe seller may use any portion of the balance of the purchase price to satisfy the same, provided the seller shall simultaneously
either deliver to the purchaser at the closing of title instruments in recordable form and sufficient to satisfy such liens and
cumbrances of record together with the cost of recording or filing said instruments; or, provided Ihat the seller has made
arrangements with the title company employed by the purchaser in advance of closing, seller will deposit with said cornpany
sufficient monies, acceptable to and required by it to insure obtaining and the recording of such satisfactions and the issuance
of title insurance to the purchaser either free of any such liens and encumbrances, or with insurance against enforcement of
same out of the insured premises. The purchaser, if request is made within a reasonable time prior to the date of closing of
title, agrees to provide at the closing separate certified checks as requesled, aggregating the amount of the balance of the
purchase price, to facilitate the satisfaction of any such liens or encumbrances. The existence of any such taxes or other liens
and encumbrances shall not be deemed objections to title if the seller shall comply with the foregoing requirements.
21. If a search of the title discloses judgments, bankruptcies or other returns against other persons having names the same as or
similar to that of the seller, the seller will on request deliver to the purchaser an affidavit showing that such judgments, bank-
ruptcies or other returns are not against the seller.
22. In the event that the seller is unable to convey title in accordance with the terms of this contract, the sole liability of the seller
will be to refund to the purchaser the amount paid on account of the purchase price
~ItI~,~Ii~I~Yc~WeY. I~Fv. xI~S~'H~::K4'~H'~::~:R~'~r.a~, and upon such refund and payment being made this contracl
shall be considered canceled.
23. The deed shall be delivered upon the receipt of said payment:, at the office of Rudolph H. Bruer, Esq. , Attorney
for Purchaser, Main Road, Southold, New York about Oct.
purchaser. .agrees to close title, in thisa 11'00. o'clock on or ............/o,e~q~ 19 86.
matter w~th~n. 20 days of,receipt of all.a~rovals set forth ~n uaragraph 6A here and
or ourtn Che ont or ~to~¢r, ~oo whichever is sooner' .
a~.o~e par,es agre~hat ~rst r~owne ~ealuy ~' ~s the broker who
brought about this ~ale ~nd the seller agrees lo pay m~xo~m~xn~x~ a commission of $12,000 at closing
25. It is understood and agreed that all understandings and agreements heretofore had between the parties herelo are merged
in this contrnct, which alone fully and completely expresses their agreement, and that the same is entered into after full investi-
gation, neither party relying upon any statement or representation, not embodied in this contract, made by the other. The
purchaser has inspected the buildings standing on said premises and is thoroughly acquainted with their condition and agrees to
take title "as is" and in their present condition and subject to reasonable use. wear, tear, and natural deterioration between
the date thereof and the closing of title.
26. This agreement may not be changed or terminated orally. The stipulations aforesaid are to apply to and bind the heirs,
executors, administrators, successors and assigns of the respective parties.
27. If two or more persons constitute either the seller or the purchaser, the word "seller" or the word "purchaser" shall be
construed as if it read "sellers" or "purchasers" whenever the sense of this agreement so requires.
iN WITNESS WHER£OF~ this agreement has been duly executed by the parties hereto.
In presence of:
ATTEST: JOHN R. DEMPSEY, , BUYER
Sec'y.
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD ~-5 SOUTHOLD, l.l., N.Y. 11c~'71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAW[CKI
September 15, 1987
Rudolph H. Bruer, Esq.
Main Road
Southold, NY 11971
Re: Appl. No. 3564 Robin Raeburn/John Dempsey
Dear Rudy:
This letter will confirm that the Board members have
reviewed your correspondence received August 25, 1987 in
the above matter and request the following information to
be furnished as early as possible:
1. Written owner consent (from the property owner);
2. Attorneys of record for the property owner and
the applicant together with a copy of the conditions of
the contract of sale and names of any and all interested
parties;
3. Survey in triplicate certifying the condition
of the rights-of-way over which you are requesting final
280-A approval, and depicting any obstructions and the
open width requested for traverse over;
4. During or before the hearing date, confirmation
as to type of foundation proposed for the dwelling, and
the setback distance from the 75-ft. contour line.
(The setback given is 28+ from a line drawn past the
75-ft. contour line.)
5. During or before the hearing date, confirmation
of the areas within the 100 ft. setback of the bluff
Which will be regraded, excavated, etc. and proposed
changes in contours, if any.
Page 2 September 15, 1987
To: Rudolph H. Bruer, Esq.
Re: Appl. No. 3564 - Raeburn/Dempsey
We would like to arrange to advertise this matter for a
public hearing to be held on October 8th and therefore must
request receipt of the above information on or before
September 25, 1987.
If you need additional time concerning submission of
the documentation in paragraph #5, supra, please give us a
call.
As you know from past experience, if you are not able
to submit the documentation for consideration by the Board,
this matter will automatically be carried over to the
following agenda and will not be taken out of order for
the hearing calendar.
Please keep us advised.
pS very truly,
.JGOEHRINGER
CHAIRMAN
cc: Stephen R. Angel, Esq.
ATTORN Ey~ AT LAW
September 14, 1987
Gerard P. Goehringer, Chairman
Southold Town Zoning Board of Appeals
Town Hall
Main Road
Southold, New York 11971
Re: Appeal No. 3564
John Dempsey/Robin Raeburn
Cutchogue, New York
Dear Mr. Goehringer:
I refer you to Page 5, item IV (9) of the ZBA Regular Meeting Agenda
of September 10, 1987 (copy enclosed). The items reported "as
requested" have not been formally addressed to this office. My
secretary was told that we could expect some written comment from your
office, but none was forthcoming. We feel at a distinct disadvantage
in this regard. This office has received no correspondence, nor
formal requests, from your office since December 8, 1986 (copy
enclosed).
Please be advised that this is the same easement for which the Zoning
Board of Appeals granted 280-A approval under Becky Johnston's Appeal
#3478. Furthermore, I was informed by Michael Hall, Esq., by
telephone this date, that the Becky Johnston easement has been
delivered to Edgar Hills, Esq., as attorney for Chicago Title Ins.
Co., for recording. I have also been told that the easement has
physically been cut and cleared.
Your prompt attention to this matter will be appreciated.
Sincerely,
Brt~
RHB/df
Encs.
cc: John R. Dempsey
Paul J. Modarelli,
Esq.
· 5 - Agenda
/f Regular Meeting September 10, 1987
Southold Town Board of Appeals
IV. TENTATIVES FOR HEARINGS, continued:
Appl. No. 3592 BENTE SNELLENBURG.
meetings as agreed by all parties).
Harbor Road, Southold.
(Recessed from prior
ROW off E/s South
Appl. No. 3668 - GERALD AND MARYJANE KEEGAN. Fence over
4' min. height in front yard area. Hobart and Founders
Landing Roads, Southold.
Appl. No. 3670 - ROBERT AND HILDEGARD FREY. Deck addition
with insufficient setback from bulkhead.& teak li. ne. Windjammer
Dr~ve, Southold.
Appl. No. 3564 - JOHN DEMPSEYTROBIN RAEBURN. Variances for
location of proposed dwelling with insufficient setbacks
from top of bluff and 280-a. ROW (over lands of Bokina)
extending off the N/s Oregon Road Extension, Cutchogue.
[Await adcurate survey showing structure(s) and other
obstructions within right-of-way, flagging of right-of-way
boundaries (as requested) and proposed routes, proof of
rights to use rights-of-way to be furnished for this
Lot-not later than the subject hearing date, and copy
or written authorization from property owner authorizing
applicant to proceed with these requested approvals, or
copy of executed Contract of Sale.]
10.
Appl. No. 367 - BENNY LUMBER CO. Variance for approval
of fence at e~cessive height in this C-Light Zone.
[Complete application to be filed on or ~bout 9/llJ]
llJ Appl. No.
- (Reserved for recess from tonight).
12.
Appl. No
about 9/
setback.
· - GAMBINO (Application expected on or
ll). Variances for insufficient wetlands
Deep Hole Creek, Mattituck.
OTHER NEW MATTERS AND OLD MATTERS UPDATED:
Appl. No. 3666 TRATARAS AND APODIAKOS. Area variances.
217 Main Road, Greenport. [Await P.B. input before
advertising.] Request,lcopy of Pre C.O. or C.O. of
record.
Appl. No. 3636 - TARTAN OIL. [Await P.B. input before adv.]
Appl. No. 3633 - TARTAN OIL. [Await P.B. input before adv.]
Southold T wn Board of Appeals
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONI$, JR.
SERGE DOYEN, $R. December 8, 1986
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
Rudolph H. Bruer,
Main Road
Southold, NY 11971
Esq.
Re: Appeal No. 3564 - John Dempsey (Variances)
Dear Rudy:
In further researching the property in question, we
have been advised that there is no record of Planning Board
approval for the lots shown on the "Minor Subdivision Map
for Robin A. Raeburn and Mary Elizabeth Murphy" dated
March 19, 1980.
A copy of the Town Planner's Memorandum is enclosed
for your perusal. Also enclosed is a copy of conditions
placed by the Board of Appeals under Appeal No. 3478, concern-
ing the right-of-way over which you have requested 280-a
approval, which is pending litigation.
Until such time as approval has been received from
the Planning Board and a Court settlement has been
reached concerning the right-of-way, we will be unable
to proceed.
Please keep us advised accordingly.
lk
Enclosures
cc: Planning Board
Building Department
Ms. Mary Elizabeth Murphy
GERARD P. GOE~tR~'NGER ~
CHAIRMAN
Men~andum from....
Southold Town Board of Appeals
TOWN HALL, SOUTHOLD, N.Y. 11971
765-1809
Date: 8/27/87
MEMORANDUM FOR THE FILE
x~q~:x Re: Bokina Rights-of-Way
N/s Oregon Road, Cutchogue
Spoke with Vic concerning pending permit
on lot to the east of Lot #3 (presently
Becky Johnson) and Z.B.A. was assured
no C.O.'s would be issued or new
permits until final 280-a has been
applied and received for all the
lots along this right-of-way.
LEFFErTS P, EOSON
RUDOLPH H. BRUER
MAIN ROAD
August 24, 1987
Southold Town Zoning Board
Town Hall
Main Road
Southold, New York 11971
of Appeals
Re: Appeal No. 3564
John R. Dempsey
Cutchogue, N.Y.
Dear Sirs:
With regard to your letter of December 8, 1986 (copy enclosed for your
reference), we submit herewith the following:
1. Copy of the Planning Board's letter of July 15, 1987, setting forth
their July 6, 1987 resolution to approve the Raeburn/Murphy
subdivision plat.
2. Copy of Easement Agreement made by Jennie Bokina to Becky Johnston.
3. Copy of August 20, 1987 letter of Edgar Hills, Esq., advising that
a settlement has been reached in the matter of Johnston vs. Bokina.
Please now place the matter of Appeal No. 3564 on your calendar for
public hearing.
Sincerely ·
/ .. ~ ,C..~~., ~.'~ ~ ~
?~dol~fi H. Bruer
· RHB/df
Enc.
cc: Mr. John R. Dempsey
Southold Town Planning Board
Southold, Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SDUTHOLD, L,I., N.Y. 119'71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRiGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
December 8, 1986
Rudolph H. Bruer,
Main Road
Southold, NY 11971
Esq.
Re: Appeal No. 3564 John Dempsey (Variances)
Dear Rudy:
In further researching the property in question, we
have been advised that there is no record of Planning Board
approval for the lots shown on the "Minor Subdivision Map
for Robin A. Raeburn and Mary Elizabeth Murphy" dated
March 19, 1980.
A copy of the Town Planner's Memorandum is enclosed
for your perusal. Also enclosed is a copy of conditions
placed by the Board of Appeals under Appeal No. 3478, concern-
ing the right-of-way over which you have requested 280-a
approval, which is pending litigation. '
Until such time as approval has been received from
the Planning Board and a Court settlement has been
reached concerning the right-of-way, we will be unable
to proceed.
Please keep us advised accordingly.
lk
Enclosures
cc: Planning Board
Building Department
Ms. Mary Elizabeth Murphy
CHAIRMAN
T~
D
LD
Y
Southold, N.Y. 11971
(516) 765-1938
July 15, 1987
Mr. Rudy Bruer, Esq.
Attorney at Law
Main Road
Southold, NY 11971
Re: Raeburn / Murphy
Dear Mr. Bruer:
Please let this confirm the following action taken
by the Southold Town Planning Board, Monday, July 6, 1987.
WHEREAS, a formal application for the approval of a subdivision
plat, entitled Minor Subdivision of Robin A. Raeburn and
~2ary Elizabeth Murphy, was submitted to the Planning Board
on February 23, 1979, and re-submitted on Apri~ 14, 1987
by way ov correspondence from the attorney for the applicant,
and
WHEREAS, a public hearing was held on said subdivision application
and plat at the Town Hall, Main Road, Southold, New York
on June i, 1987 ~nd re-convened and clused on June 15, 1987,
and
WHEREAS, the requirements of the Subdivision Regulations
of the Town of Southold have been met by said subdivision
plat and application,
NOW, THEREFORE, BE iT RESOLVED, that the application of
Robin A. RAeburn and Mary Elizabeth Murphy for approval
of said subdivision plat prepared by Roderick Van Tuyl,
P.C. and dated September 26, 1979 be approved and that
the Chairman of the Planning Board be authorized to endorse
approval on said subdivision plat.
In review of our file, there are no surveys which could
be endorsed, therefore, would you please forward three
surveys, last dated September 26, 1979, for the Chairman
to endorse.
Mr. Rudolph H. Bruer Page 2 7/15/87
If you have any questions, please don't hesitate to
contact our office.
Very truly yours,
BENNETT ORLOWSKI, JR. , CHAIP34AN
SOUTHOLD TOWN PLANNING BOARD
By Diane M. Schultze, Secretary
IN RE GRANT OF EASEMENT
BY JENNIE BOKINA TO
BECKY JOHNSTON
This INDENTURE, made this day of , 1987,
between JENNIE BOKINA , residing at Oregon Road, Hamlet of
Cutchogue, Town of Southold, State of New York,
(hereinafter "Grantor") and BECKY JOHNSTON, residing at 471
West 22nd Street, City of New York, State of New York,
(herinafter "Grantee").
WITNESSETH: That Grantor, for herself and for her
heirs, successors, executors, administrators, and assigns,
being the owner in fee simple of property located in the
Hamlet of Cutchogue, Town of Southold, County of Suffolk,
State of New York, and more fully described in Schedule A
annexed hereto and made a part hereof, in consideration of
Ten Dollars ($i0.00), lawful money of the U~ited States,
and other good and lawful consideration, paid
behalf of Grantee, receipt of which is hereby
and for other good and lawful consideration, does hereby
grant, remise, and release, unto Grantee her heirs,
successors, executors, administrators, and assigns, a
non-exclusive surface easement for the purpose of ingress
and egress only and not for utilities or any other purpose
to the premises described in Schedule B annexed hereto and
made a part hereof; said right-of-way being described in
Schedule C attached hereto and made a part hereof, which
by or on
acknowledged,
right-of way shall'constitute an easement appurtenant to
Grantee's property in the County of Suffolk, State of New
York, described in Schedule B. Grantor, her heirs,
successors, executors, administrators, and assigns shall
have no responsibility whatsoever for improvements or
maintenance of such area as described in Schedule C.
Grantor, her heirs, successors, executors, administrators,
and assigns reserves the right to terminate the easement
granted herein and relocate same so long as substantially
similar access for ingress and egress to the property is
provided.
This indenture shall be binding upon Grantor,
shall run with the
Crantee her heirs,
and assigns.
and
her
executors, administrators, and assigns,
land, and shall inure to the benefit of
successors, executors, administrators,
In witness whereof, Grantor has hereunto set her hand
seal the day and year first above Written.
In the presence
NNIE BOKINA
of:
STATE OF NEW YORK: COUNTY OF SUFFOLK
On the
personally
individual
instrument,
day of , 1987, before me
came Jennie Bokina to me known to be the
described in and who executed the foregoing
and acknowledged that she executed the same.
CRUSER, HILLS, HILLS & ]~ESUNDER
August 20, 1987
Edson & Brewer, Esqs.
Main Road
P. O. Box 1466
Southold, New York 11971
Att: Rudolph H. Brewer, Esq.
Re: Johnston v. Bokina
Dear Rudy:
Please be advised that we have effectuated a settlement
of the above matter subject, however, to the construction
of a road within a given period of time.
I have not as yet received the return of the Stipulation
from the stenographer, but as soon as I do, I will be
glad to advise you further with respect to the matter~
Suffice it to say that we are holding the payment required
to be made by our client until the road has been completed.
Sincerely,
EH:em
February ~, 1987
CERTIFIED MAIL
Southold Town Planning
Town Hall
Main Road
Southold, N.Y. 11971
Board
Re: Minor Subdivision for Robin A. Raeburn
and Mary Elizabeth Murphy
Dear Sirs:
This office represents Robin A. Raeburn in connection with the above
matter. Ms. Raeburn is the owner of Lot #2 on the subdivision map, by
way of Suffolk County tax sale. Lot #3 is owned by Mary Elizabeth
Murphy, also, we believe, by way of tax sale. Lot #1 is currently
owned by John Marshall Lancaster.
Ms. Raeburn's lot is currently under a conditional contract of sale.
With regard to same, this office has filed an appeal with the Zoning
Board of Appeals which is being held in abeyance at this point
because, we understand, Mr. Emelita has advised the Z.B.A. that the
above subdivision is not approved.
We enclose herewith a copy of the Planning Board's 11/29/79 letter
addressed to George Stankevich, Esq., setting forth their conditional
approval of this subdivision. Please advise us what, if anything,
must be done to finalize this matter.
Sincerely,
Rudolph H. Bruer
RHB/df
Eric.
cc: Southold Town Zoning Board of
Paul J. Modarelli, Esq.
Appeals/
HENRYE RAYNOR. Jr..Chairman
FREDERICK E GORDON
JAMES WALL
BENNETT ORLOWSK1, Jr,
GEORGE RITCHIE LATtIAM. Jr.
Southold, N.Y. 11971
November 29, 1979
TELEPHONE
765- 1938
George Stankevich, Esq.
Main Road
Southold, New York 11971
Dear Mr. Stankevich:
The following action was taken by the Southold Town Planning
Board at a regular meeting held November 14, 1979.
WHEREAS, a formal application for the approval of a subdivision
plat, entitled Minor Subdivision of Robin A. Raeburn and Mary
Elizabeth Murphy, was submitted to the Planning Board on February
23, 1979~ and
WHEREAS, a public hearing was held on the said subdivision
application and Plat at the Town Hall in Sou~hold, New York, on
October 18, 1979 at 9:00 p.m., and
}~H~REAS, the requirements of the Subdivision Re~.~la. tim~s of
the Town of Southold have been met by said subdivision Plat and
application except as noted below.
Now, therefore, be it RESOLVED, that the application of Robin
A. Raeburn and Mary Elizabeth Murphy for approval of said
subdivision Plat prepared by Roderick Van Tuyl, P.C. and dated
September 26, 1979 be approved subject to the following modifications,
and that the Chairman of the Planning Board be authorized to endorse
approval on said subdivision Plat upon compliance by the applicant
with such modifications as noted below.
Consideration of the Southold Town Planning Board of
conditions of the Su££olk County Planning Commission,
any.
i£
(
George Stankevich,
Esq. Page Two
Approval by the Southold Town Board of Appeals of
adequate access to the property.
Continuance o£ the right-of-way for 150 feet through
lot 3.
· I am enclosing the correspondence from the Suffolk County
Plarnning Commission. The Board will review this matter on
December 3, 1979.
You_rs truly,
Muriel Tolman, Secretary
Southold Town Planning Board
Enclosure
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 c:OUTHOLD, L.I., N.Y. 11c:J'71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROI3ERT J. DOUGLASS
JOSEPH H. SAWlCKI
December 8, 1986
Rudolph H. Bruer, Esq.
Main Road
Southold, NY 11971
Re: Appeal No. 3564 - John Dempsey (Variances)
Dear Rudy:
In further researching the property in question, we
have been advised that there is no record of Planning Board
approval for the lots shown on the "Minor Subdivision Map
for Robin A. Raeburn and Mary Elizabeth Murphy" dated
March 19, 1980.
A copy of the Town Planner's Memorandum is enclosed
for your perusal. Also enclosed is a copy of conditions
placed by the Board of Appeals under Appeal No. 3478, concern-
ing the right-of-way over which you have requested 280-a
approval, which is pending litigation.
Until such time as approval has been received from
the Planning Board and a Court settlement has been
reached concerning the right-of-way, we will be unable
to proceed.
Please keep us advised accordingly.
Yours very truly,
lk
Enclosures
cc: Planning Board
Building Department
Ms. Mary Elizabeth Murphy
GERARD P. GOEHRINGER
CHAIRMAN
r~
D
LD
Y
TO:
FROM:
DATE:
RE:
Southold, N.Y. 11971
(516) 765-1938
MEMORANDUM
Jerry Goehringer, Chairman, ZBA
Southold Town Planning Board
November 19, 1986
Raeburn - Murphy
In response to your memorandum of October 28, 1986 we have
referred this matter to David Emilita, Town Planner.
Mr. Emilita has made a review of the file and determined
that there is no record of any subdivision approval, therefore,
there is no lot No. 2.
cc: Mary E. Murphy
Mary Elizabeth Murphy
25 East 10th St. (A~t. ~4F)
New York, N.Y. 10003
October 23, 1986
Board of Appeals
Southold Township
Town Hall
Southold, N.Y. 11971
Dear Board Members:
I am in receipt of a "Notice To Adjacent Property Owner",
dated Oct. 2, 1986, from Edson & Bruer, Esqs., representing the
petitioner Robin E. Raeburn, who is requesting a variance to
construct a one family dwelling within 100 ft. of the L.I. Sound
bluff designated as Dist. 1000, Sec.73, Blk. 2, Lot 3.6.
I vigorously protest this petition because this property
is not a legal subdivision of the original Murphy-Raeburn
pro~ties. The necessary approvals were not obtained by Raeburn,
the rights-of-way were 'not correctly drawn or large enough and the
tax ~ap was never approved and most importantly the actua? buildable
land is not comparable to the original Murphy property.
It is my intention to be represented at any public hearing
on this matter~a~whieh time the Aug. 17, 1978 court stipulation
and all maps will be presented.
Thank you very much.
,$imcerelv, · ' ''
Mary E~zabe~h Murphy
c.c. Eds6n & Bruer, Esq. B
Southold Town Board of
Appeals
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONiS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
TO: Ben Orlowski, Chairman, Planning
FROM: Jerry Goehringer, Chairman
DATE: October 28, 1986
SUBJECT:
Board
Minor Subdivision of R. Raeburn and M. Murphy (1979)
N/s ROW Extending off the N/s Bridge Lane Extension,
Cut.
We have received an application concerning Lot #2, Minor Subdivi-
sion of Raeburn-Murphy at Cutchogue, in which ~&riances are
requested for an insufficient setback from the Long Island Sound
bluff and for Final 280-a approval.
Attached is a copy of a letter received which is self-explanatory.
May we have a written confirmation for our record as to the
status of the Minor Subdivision and whether the subdivider has
met all the conditions imposed by the Planning Board since
its November 14, 1979 action.
Thank you.
lk
Mary Elizabeth 5IurDhv
25 East 10th St. (Apt. ~4F)
New York, N.Y. 10003
October 23, 1986
Board of Appeals
Southold Township
Town Hall
Southold, N.Y. 11971
Dear Board Members:
I am in receipt of a "Notice To Adjacent Property Owner",
dated Oct. 2, 1986, from Edson C Bruer, Esqs., representing the
petitioner Robin E. Raeburn, who is requesting a variance to
construct a one family dwelling within 100 ft. of the L.I. Sound
bluff designated as Dist. 1000, Sec.?3, Blk. 2, Lot 3.6.
I vigorously protest this petition because this property
is not a legal subdivision of the original Murphy-Raeburn
pro~g~ties. The necessary approvals were not obtained by Raeburn,
the rights-of-way were not correctly drawn or large enough and the
tax map was never approved and most importantly the actual buildable
land is not comparable to the original Murphy property.
It is my intention to be represented at any public hearing
on this matter~twhich time the Aug. l?, 1978 court stipulation
and all maps will be presented.
Thank you very much.
Mary E~zabe~h Murphy
c.c. Edson g Bruer, Esq. B
SOIL AND WATER CONSERVATION DISTRICT
COUNTY OF SUFFOLK
PETER F. COHALAN
SUFFOLK COUNTY EXECUTIVE
STANLEY A. PAUZER
DISTRICt MANAGER
October 16, 1986
Mr. Gerard P. Goehringer, Chairman
Southold Town Board of Appeals
Main Road
Southold, New York 11971
Dear Mr. Goehringer:
On behalf of Mr. Stanley A. Pauzer, District Manager, I am forwarding a
report on Appeal ~3564 - John R. Dempsey (Raeburn) prepared by Allan S.
Connell, District Conservationist for the USDA Soil Conservation Service.
If you require any additional information, please contact our office.
Sincerely,
Thomas J. McMahon,
Senior District Technician
127 EAST MAIN STREET
RIVERHEAD, NEW YORK 1190 ~
/ - 4 /;; ",
United States Soil
Department of Conservation
Agriculture Service
127 East Main Street
Riverhead, New York 11901
October 16, 1986
Mr. Stanley A. Pauzer,
District Manager
Suffolk County Soil & Water
Conservation District
127 East Main Street
Riverhead, New York 11901
Dear Stan:
An onsite inspection was conducted at the John R. Dempsey (Raeburn) property
in which the property owner is proposing to construct a dwelling 28 feet from
the edge of the bluff of Long Island Sound.
The predominant vegetation on the bluff face is Bayberry. This plant is pro-
viding adequate protection from erosion where it is present.
Areas along the top 20 feet of the bluff face are completely bare of vegetation.
The bottom third of the bluff face from the toe of the slope to approximately
40 feet up the face of the bluff is also completely barren of vegetation. This
is a very critical area and poses the greatest threat of erosion at this site.
In its existing condition, wave action during storm activity will erode away
the toe of the slope. Without the necessary support at the toe of the slope
the soil above will slide downward and erode away. This is a continual process,
with the edge of the bluff continually creeping inland. Any structures in close
proximity to the edge are in danger of falling over.
I would strongly recommend that any dwellings be constructed as far away from
the bluff edge as possible.
The toe of the slope must be stabilized to prevent continual erosion of the
bluff. Some form of hard structure such as a bulkhead would be necessary. I
would recommend that the landowner contact Jay Tanski of the New York State
Sea Grant Extension Program, Telephone (516) 246-7777 for recommendations on
proper design and installation of structures of this type.
Once the toe of the slope is stabilized the bare soil areas above should be
planted to Cape American Beach Grass in accordance with the enclosed planting
sheet instructions. If the landowner needs further information or assistance,
I would be available for consultation.
If I may be of further assistance in this matter please feel free to contact me.
Sincerely, ~ . ~
Allan S. Connell,
District Conservationist
Enclosure
Southold Town Board of
Appeals
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
October 8, 1986
Mr. Stanley A. Pauzer, District Manager
Suffolk Co. Soil & Water Conservation District
127 East Main Street
Riverhead, NY 11901
Re: Appeal No. 3564 John R. Dempsey (Raeburn)
Dear Mr. Pauzer:
We presently have a variance application pending in
which the property owner/contract vendee proposes to
locate a new dwelling with an insufficient setback from
the top of bluff as shown on the attached survey at a
distance not closer than 28 feet (at the northeast corner).
The property is located on a private right-of-way extending
off the north side of Oregon Road, Cutchogue, and a copy
of the Suffolk County Tax Map is enclosed for your file.
May we
in question
anticipated
ask your assessment
in this project. A
for October 22nd.
of the area of the bluff
public hearing is
Please don't hesitate to call for additional information
if necessary. Thank you for your assistance.
Yours very truly,
GERARD P. GOEHRINGER
lk CHAIRMAN
Enclosures
NOTICE OF HEARINGS
NOTICE IS HEREBY GIV-
EN, pursuant to Section 267 of
the Town Law and the Code Of
the Town of Southold, the
following hearings will be held
by the SOUTHOLD TOWN
BOARD ~
Regular Meeting at the Soothold
Town Hall, Main Road,
Southoid, NY on TldE'SDAY,
NOVEMBER 10~ 1987 at the
following times:
7:30 p.m. Appt. No. 3677-
ROBERT MOHR. Variances to
the Zoning Ordinance, Article
I11, Section 100-31 Bulk
Schedule, for approval of decks
attached to dwelling with insuf-
ficient rear and front yard set-
backs, and Article Ill, Section
100-32 for approval of accessory
garage structure located partly
in the sideyard area. Location of
Property: West Side of Wabasso
Street, Southold, NY; County
Tax Map Parcel No.
1000-78-3-34.2.
7:35 p.m: Appl. No. 3675-
RICHARD MULLEN. JR.
Variance to the Zoning Or-
dinaoce, Article VII, Section
100-71, Bulk Schedule, for per-
mission'to construct showroom
addition with an insufficient
frontyard setback from the
north property line. Location o~
Prop,-r!y: Corner
and 'the' East Side of Cottage.
Place, Sonthold, NY; County
Tax Map Parcel No.
1000-62-3-20 and 19.
7:35 p.m. Appl. No. $6?~-
RICHARD MULLEN, JR.
Special Exception to the:Zoning
Ordinance, Article VII, Section
100-71, Bulk Schedule, for per-
mission to construct addition
for showroom use incidental to
the existing car-sales business
use in this "B-17 General
Business Zoning District. Loca-
tion of Property: Corner of
Main Road and East Side of
Cottage Place, Southold, NY,
1000-62-3-19 and 20.
7:45 p.m. Appl. No. 3684-
WILLIAM AND VERA
~OLCHAN. Variance to the
ZOning Ordinance, Article 111,
Section 100-32, ior permission
to locate accessory inground
swimming pool, decks, and
fence enclosure in the frontyard
area (in excess of 300 feet from
the front property line) at
premises located along the north
side ol Ruth Road (north of
Sunset Drive), Mattimck, NY
County Tax Map Parcel No.
7:50t Appl. No. 3514-
G~EO RG-~ p. SCHADF.
Variances to the Zoning Or-
dinance, Article Ill, Section
100-31, Bulk Schedule, for ap-
p?val of the proposed insuffi-
cient lot area and width of two
parcels in this pending set-off
division of land located along
the v~si side of Cedar Lane
(west of Summit Rond),
Southold, NY; County Tax Map
Parcel No. 1000-78-7-42.
7:55 p.m. Appl, No. 3673-
-NICK MJHALIO~, Variance to
the Zoning Ordinance, Article
XI, Section 100-119.2 for per-
mission to locate inground
swimming pool, decks and fence
enclosure with an insufficient
setback from the top of bluff
along the Long Island Sound.
Location of Property: north side
of The Strand, Lot No. 124,
Map of Pebble Beach Farms,
East Marion, NY; County Tax
Map Parcel No. 1000-30-2~74.
' 8:00 P.m. Appl No. 3680-
t~ce, Arti-
cle 111, Section 100-31, Bulk
Schedule, for permission to con-
struct addtion to dwelling with
an insufficient setback from the
stroct addition to dwelling with
an insufficient setback from the
closest point of arc along the
front property line. Location of
Property: North Side of Sailors
~ane (a private road), approx-
!mat~ly 147 feet west of Little
. Peconic Bay Road, Nassau
Pgint, Cutchogue, Ny, Coun-
ty Tax Map Parcel No.
1000-Ii 1-14.7.
8~05 p.M.' Appl. NO. 3683-
~. L..PENNY INC.
Variance to the Zoning Or-
dinance, Article Xl, Section
100-119.1, for permission to erect
fence in the frontyard area at a
height not to exceed 6½ feet.
Location of Property: North
Side of Sound Avenue (or
North Road), and the South
Side of C.R. 48, (Middle Road),
Mattituck, NY; County tax
Map Parcel No. 1000-I41-3-38.1.
8:10 p.m. AppL No, 3682-
GEORGE L. NY
INC./JERRY SHI~AN.
Special Exception to
Ordinance, Article VIII, Section
100-80(B) for permissiOn to use
existing storage building for
warehousing and storage of
lumber and building materials
and supplies, in conjunction
with the existing lumberyard op-
posite Sound Avenue. Zone
Distr Ct: "~;Lighl[ lndustriaU'
Location of Propertyi,~qu~
Road), Mattituck, NY: ~omity'
Tax Map Parcel N0~
1000-141-3-41.
8:15 p.m. Appl. No. 3678-
DAVID LaFRENIERE.
Variance 1o the Zoning Or-
dinance, Article VII, Section
100-71, Bulk Schedule, for per-
mission to construct addition to
existing building with an insuf-
ficient setback from the side
(westerly) property line. Loca-
tion of Property: Corner of
Main Road and the West Side of
Peconic Lane, Peconic, NY;
County Tax Map Parcel No.
1000-75-5-10. Zone District:
"B-I" General Business.
8:20 p.m. AppL No. 3671-
cA, yNDRE AND THOMAS
BUL$~I, Variance to the
Zoning Ordinance, Article I11,
· Section 100-30(Al for permis-
sion to utilize premises for book
publishing operations, wholesale
book stOOge, and upda~.cd
280-A approval over the e:Osting
private right-of-way for such
use. Zone District: "A" Residen-
tial and Agricultural. Location
of Property: West Side of Depot
Lane, Culchogue, NY;
Tax Map Parcel
1000-96-5-1.2 and part of I.l.
8:33 p.m. Appl. No. 3679-
ROBERT A.N.D DOLQRE
S.CH. ISSEL. ~,nr~ance for per-
mtssmn to construct open deck
addition with an insufficient set-
back from nearest wetlands per
Article XI, Section 100-119.2.
Location of Property: 710 West
Shore Drive, Reydon Shotes
Map, Lot 9 and Imrt of 8,
Southold, NY; County Tax Map
Parcel No. 100040-i46.
~' 8:4:5 p.m. Apl~l No. 3564..
~' JOHN DEMPSEY/ROBiN
RAEBURN. Variances: 00 for
final approval urider NeW.York
Town Law, Section 280-A over
the existing private right.of.7~ay'
and (b) for permission to Iocan
proposed dwelling with an in
sufficient set~k from top ol
bluff along th~ Long Island
Sound, per Article Xl, Sectia
100-119.2. Location of Pro~rtj
Ex. tending a~t the north ~nd
prtvate right'of~why (travels
over lands of Bokina from:l~
north sh~4' Bridge
tension and O~egon Road ~ a
northerly direciiO~ to the ~ab.
lect premis,-~ identified On the
Suffolk County ~Tax Mains
2D.~s. trlet 1000, Section 73, Blocl~/
. , tot 3.6 (pre~.' 3.'4 and 33)/
9:00 p.m~ AppL No. 3672--
ANTHONYGAMBINO.
dinance, Article XI, S~etion
1&3-i19.2 for approval oi: the
COnstruction of new dwelling
with an insufficient setback
from nearest tidal wetlands
and/or ordinary highwater mark
along Deep Hole C~'ek. Loca-
tion of Property: East End of
Lupron Point Road, Mattituck,
NY: County Tax Map Parcel No.
1000-115-11-10.
The Board of Appeals will
hear at said time and place all
.persons or representatives desir-
ing to be heard.in each of the
above matters. F_ak~ hearing will
not start before L}~ time allot-
ted. Written comments may be
submitted prior to the conclu-
sion oftbe subject hearing. For
more information, please call
765-1809.
Dated: October 26, 1987
BY ORDER OF THE
SOUTHOED TOWN
BOARD OF APPEALS
GERARD p. GOEHRINGER,
CHAIRMAN
Linda Kowalski,
Board Secretary
IT-10/29/87(30l
COUNTY OF SUFFOLK
SS:
STATE OF NEW YORK
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler:Watchman
once each week for ....................... '~... weeks
successively, commencing on the ........... ~..~. .......
Sworn to before me this ..................... day of
....... ....
Notary Public
BARBARA FORBES
Notary Public, State of New York
No. 4806846
Qualified in Suffolk County
Commission Expirest~ 3/ 19J>f
Page 34/The Suffolk Times/October 29, 1987
~l~ ~6q'~,,i' ~ ]gdoJ,30~el'Ei; ~;oP,*J~ 9¢1~
Ordinance, Article VII, Section
Legal Notices
NOTIC~ OF~HEARINGB
NOTICE IS HEREBY
GIVEN, pursuant to Section 267-
of the Town Low and the Cede of
the Town of Southold, the follow-
i~g hearings will be held by the
~OUTHOLD TOWN BOARD
~O~ APPEALS at a Regular
'~M~ng ~t the Southold Town
ilalt, ~ Road, Southo d, New
York, on TUESDAY,
f~oO~iER I~, 1987 at the
7:~ p.m. AI~I. No. 3677 -
ROBERT MOH~. Variances to
the Z~nin~ O~dinonCe, Article
IH, ~60-31, Bulk
~ ~al of decks
attech~ ~ with insuf-
ficient~ ~ front yard set-
baclm,- ~ Article HI, Section
100-32 ~y ~sl~oval of accessory
in the ~area. Location of
Pro~ .~,. Side of Waba~o
Street, /~ihold, NY; County
Tax Map Parcel No. 1000-78-3-
7:36 p.m. AppL No. 3675 -
RICHARD MIff.[.tN, JR.
Variance to the Zoning Ordi-
nance, Article VII, Section 100-
71~k Schedule, for permis-
si~t:onstruct showroom addi-
tioi~with an insufficient fron-
tyard setback from the north
property line. Location of Prop-
erty: Comer of Main Road and
the East Side of Cottage Place,
Southold, NY; County Tax Map
Parcel No. 1000-62-3-20 and 19.
7:35 p.m. Appl. No. 3674 -
RICHARD MULI.RN, JR.
Special Exception to the Zoning
100-71, Bulk Schedule, for per-
mission to construct addition for
showroom use incidental to the
existing car-sales business use
in this "B-1' General Business
Zoning District. Location of
Property: Corner of Main Read
and the East Side of Cottage
Place, Southold, NY, 1000-62-3-
19 and 20.
7:45 p.m. Appi. No. 3684 -
WILLIAM AND VERA MOL-
CHAN. Variance to the Zoning
Ordinance, Article III, Section
100-32~ for permission to locate
accessory inground swim-
mingpeol, decks, and fence en-
closure in the frentyard area (in
excess of 300 feet from the front
property line) at premises 1o-
cated along the north side of
Ruth Road (north of Sunset
Drive), Mattituck, NY, County
Tax Map Parcel No. 1000-106-1-
3.
7:50 p.m. Appl. No. 3514 -
GEORGE P. SCHADE. Vari-
anc~ to the Zoning Ordinance,
Article IH, Section 100-31, Bulk
Schedule, for approval of the
proposed insufficient lot area
and width of two parcels in this
pending set-off division of land
located along the west side of
Cedar Lane (west of Summit
Read), Southold, NY; County
Tax Map Parcel No. 1000-78-7-
42.
7:55 p.m. Appl. No. 3673 -
NICK MIHALIOS. Variance to
the Zoning Ordinance, Article
XI, Section 100-119.2 for permis-
sion to locate inground swim-
mingpeol, decks and fence enclo-
sure with an insufficient setback.
from the top of bluff along the
Long Island Sound. Location of
Property: north side of The
Strand, Lot #124, Map of Pchble
Reach Farms, East Marion, NY;
County Tax Map Parcel No.
1000-30-2-74.
8:00 p.m. AppL No. 3680 -
LEONARDUS AND MARIE
VANOUDENALLEN. Vari-
once to the Zoning Ordinance,
Article IIl, Section 100-31, Bulk
Schedule, for permission to con-
struct addition to dwelling with
an insufficient setback from the
closest point of arc along th~
front property line. Location of
Property: North Side of Sailors
Lone (a private road), approxi-
mately 147 feet west of Little
Peconic Bay Read, Nassau
Point, Cutchogue, NY, County
,Tax Map Parcel No. 1000-111-
14-7.
8:05 p.m. Appl. No. 3683 -
GEORGE L. PENNY INC.
Variance to the Zoning Ordi-
nance, Article XI, Section 100-
119.1, for permission to erect.
fence in the frontyard area at a
height not to exceed 6V2 feet. Lo-
cation of Property: North Side of
Sound Avenue (or North Road),
a~d the South Side of C~R. 48,
(Middle Read), Mattituck, NY,
County Tax Map ParCel No.
1000-141-3-38.1.
8:10 p.m. Appl. No. 3682 -
GEORGE L. PENNY INCJ
JERRY SHULMAN. Special
Exception te the Zoning Ordi-
nance, Article VIII, Section 100-
80(B) for permission to use exist-
lng storage building for wareh-
ousing and storage of lumber
and building materials and
supplies, in conjunction w/th the
existing lumberyard opposite
Sound Avenue. Zone District:
"C-Light Industrial." Location of I
Property: South Side of Sound
Avenue (or North Read), Mat-
tituck, NY; County Tax Map
Parcel No. 1000~141-3-41.
8:15 p.m. Appl. No. 3678 -[
DAVID LaFRENIERE. Vari-
ance to the Zoning Ordinance,
Article VII, Section 100-71, Bulk
Schedule, for permission to con-
struct addition to existing build-
ing with an insufficient setback
from the side (westerly) property
line. Location of Property:
Corner of Main Read and the
West Side of Peconic Lane,
Peconic, NY; County Tax Map
Parcel No. 1000-75-5-10. Zone
District: "B-I" General Busi-
ness.
8:20 p.m. Appl. No. 3671 -
ANDRE AND THOM~
CYBULSKI. Variance to ',he
Zoning Ordinance, Articis IH,
Section 100-30(A) for permission
to utilize premises for book pub-
lishing operations, ~'hulesale
book storage, and updated 280-A
approval over the existing pri-
vate right-of-way for such use.
Zone District: "A' Residential
and Agricultural. Location of
Property: West Side of Depot
Lane, Cutchogue, NY; County
Tax Map Parcel No. 1000-96-5-
1.2 and pert of 1.1.
8:35 p.m. Appl. No. 3679 -
ROBERT AND DOLORES
~ltlSSEL. Variance for per-
mission to construct open deck
addition with an insufficient set-
back from nearest wetlands per
Article XI, Section 100-119.2.
Location of Property: 710 West
Shore Drive, Reydon Shores
Map, Lot 9 and pact of S, South-
old, NY; County Tax Map Parcel
No. 1000-80-1-46.
~ 8:45 p.m. Appl. No. 3564 -~
JOHN DEMPSEY/ROBIN
RAEi~URN. Variances: (a) for
final approval under New York
Town Law, Section 280-A over
the existing private right-of-
way, and (b) for permission to lo-
cate proposed dwelling with an
i._.~ufficient setback from top
~bluff along the Long Island
Sound, per Article XI, Section
100-119.2. Location of Proper~y:
Extending at the north end of a
private right-of-way (traveled
over lands of Bokina from the
north side of Bridge Lane Exten-
sion and Oregon Read in a
northerly direction) to the sub-
ject premises identified on the
Suffolk County Tax Maps a~ Dis-
trict 1000, Section 73, Block 2,
Lot 3.6 (prey. 3.4 and 3;5).
-~ 9:00 p.m. Appl. No. 3672 -
ANTHONY GAMBINO. Vari
once to the Zoning Ordinance:
Article XI, Section 100-119.2 fm
approval of the construction oi
new dwelling with an insufficient
setback from nearest tidal wet
lands and/or ordinary highwatei
mark along Deep Hole Creek
Location of Property: East En.
of Lupton Point Read, Mat
tituck, NY; County Tax Ma~
Parcel No. 1000-115-11-10.
The Board of Appeals will
hear at said time and place all
persons or representetive~ desir-
ing to be heard in each of the
above matters. Each hearing
will not start before the time al-
lotted. Written commento ma
be submitted prior to the conch
sion of the subject hearing. Fc
more information, please ca
765-1809.
Dated: October 26, 1987.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD p. GOEHRINGER,
CHAIRMAN
Linda Kowalski,
5756-1TO29
Southold Town Board of
Appeals
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.~
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
TO WHOM IT MAY CONCERN:
Enclosed herewith as confirmation of the time and date
of the public hearing concerning your recent application is
a copy of the Legal Notice as published in the L.I. Traveler-
Watchman, Inc. and Suffolk Weekly Times, Inc.
Someone should appear in your behalf during the public
hearing in the event there are questions from board members
or persons in the audience. Please be assured that your
public hearing will not start before the time allotted in
the Legal Notice.
If you have any questions, please feel fre'e to call
our office, 765-1809.
Yours_ very tr~ul]~.,~
Gl~RARD P. GOEHRINGER
CHAIRMAN
Enclosure
Linda Kowalski
Secretary and Board Clerk
Page 4 - Notice of Hearings
Southold Town Board of Appeals
Tuesday,~November 10, 1987
Copies to the following on or about 10/27/87:
Mr. and Mrs. Robert Mohr, 37 Mt. McKinley Ave, Farmingville, NY
Mr. and Mrs. Donald Lubov, 1275 Nakomis Road, Southold, NY 11971
Mr. and Mrs. Kerry Ellis, 33-51 60th Pl., Woodside, NY 11377
Mr. and Mrs. Michael Tisbo, Minnehaha Blvd, Southold, NY 11971
11738
Mr. John Bertani, 1380 Oakwood Drive, Southold, NY 11971 (for Mullen Motors
Mr. and Mrs. William Molchan, Box 1197, Mattituck, NY 11952
Mr. Henry E. Raynor (Agent for George P. Schade), P.O. Drawer A,
Jamesport, NY 11947
Mr. Nick Mihalios, 23-50 31st St, Astoria, NY 11105
Mr. Gerry Horton (Builder for L. VanOudenallen), Box 1008, Mattituck 11952
Charles R. Cuddy, Esq. (Attorney for Penny Lumber)
180 Old Country Road, Box 1547, Riverhead, NY 11901
J. Kevin McLaughlin, Esq. (Attorney for D. LaFreniere)
828 Front Street, Box 803, Greenport, NY 11944
Abigail A. Wickham, Esq. (Attorney for A. Cybulski)
Main Road, Box 1424, Mattituck, NY 11952
Mr. John Bertani, 1380 Oakwood Drive, Southold, NY 11971 (for R. Schissel)
Rudolph H. Bruer, Esq., (Attorney for J. Dempsey), Main Road, Southold
Philip J. Cardinale, Esq. (Attorney for T. Bokina),
Jamesport Center, Jamesport, NY 11947
Mr. Ted Bokina, Pinewood Road, Cutchogue, NY 11935
Stephen R. Angel, Esq., 108 East Main St., Box 279, Riverhead, NY ll901
(Attorney for M. Murphy)
1197
Eric J. Bressler, Esq. (Attorney for A. Gambino)
Main Road, Box 1424, Mattituck, NY'11952
Mr. Anthony Gambino, 850 Deep Hole Drive, Mattituck, NY
Mr. and Mrs. Joseph A. Esquirol, Jr.
1350 Lupton Point Road, Mattituck, NY 11952
11952
Suffolk Times, Inc.
L.I. Traveler-Watchman, Inc.
Personal Delivery
Posted on Town Hall Bulletin Board, Z.B.A. Bulletin Board.
Copies to Building Department, Planning Department, and
Town Board Members 10/27/87.
Copies to ZBA Members with copies of files 10/28/87 (in person).
Southold Town Board of Appeals
MAIN RI]AD- STATE RrlAD 25 SDUTHDLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWtC½1
November 10, 1987
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO.: 3564
PROJECT NAME: JOHN DEMPSEY/ROBIN RAEBURN
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.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: [ ] Type II k~ Unlisted [ ]
DESCRIPTION OF ACTION: (a) for final 280-A approval over existing
traveled ROW and (b) permission to locate proposed dwelling with an
insufficinet setback from top of bluff along Long Island Sound.
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: ROW off the N/s Bridge Lane_Extension and
Oregon Road, Cutchogue, NY 1000-73-2-3.6
REASON(S) SUPPORTING THIS DETEP~MINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) Information has been submitted by applicant or his agent in-
dicating that the project will not involve the disturbance of wetlands
grasses or areas subject to flooding which may be considered wetlands.
FOR FURTHER INFOR/~ATION, PLEASE CONTACT: Linda Kowals~i, Secretary,
Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516-
765-1809 or 1802.
Copies of this notice sent to the applicant or his agent and posted
on the Town Clerk Bulletin Board.
mc
Town Hall, 53095 Main Road
p.O. Box 728
Southold, New York l 1971
TELEPHONE
(516) 765-1801
]UDITFI T. TERRY
OFFICE OF THE TOWN CLERK
TOWN OF $ouTHOLD
October 2, 1986
Southold Town Zoning Board of Appeals
To: - ~err", Southold Town Clerk
From: Judith T. ~ a eal No. 3564 aPplicat~7~nd
ith is Zoning APPn ~_~ruer of E ~ 4n the
itted hereW ' rice by ~uau ~ -~linea
TranSm - ~r a var~a ~_~ ~aners as o~-* o 1986.
· -~n R. Dem??~ ~_ ~ ~e accompanyZn~ v ~-~ed October ~,
~incluae~ ~ ~..~lnh Bruer, uo~ ~
Br~r o~*transmittal ~rom ~ '
Judith T. Terry
Southold Town Clerk
Southold Town Zoning Board
Town Hall
Main Road
Southold, New York 11971
October 6,
of Appeals
Re: Variance Application
John R. Dempsey (Raeburn)
Dear Sirs:
The enclosed are to be made part of the above application, filed with
the Town Clerk on Oct. 2, 1986:
1. Three (3) prints of revised survey indicating distance from
proposed construction to the L.I. Sound bluff.
2. Reduced copy of minor subdivision map made for Robin A. Raeburn and
Mary Elizabeth Murphy. The subject premises are shown as Lot No. 2
thereon.
3. Copy of title company's legal description of the premises,
including the deeded rights of way.
We also ask that our application be amended to include the additional
observations set forth hereinbelow:
1~ wo~ldroduce tactical
d'~ because.- If ~he boar4 denies
access, a va for residential
construction even though the adjoining property is improved and there
are other improved properties utilizing the right of way.
2. The hardship created is unique and is not shared by all properties
alike in the immediate vicinity of this pzoperty and in this use.
district because: other houses in the neighborhood are using the same
roads.
3~ the Or4inance and would
not c ant proposes
the addition of only one house to the district, in conformance with
present zoning.
Please hereby consider the above a part and parcel to the subject
variance application.
~erely,
Rudolph/H. Bruer
RHB/df
Encs.
//
NO. 86-PX-8604972
LEGAL DESCRIPTION
PAGE: 1
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 A POINT ON THE NORTHWESTERLY SIDE OF A CERTAIN 20 FOOT
RIGHT OF WAY WHERE SAID RIGHT OF WAY IS INTERSECTED BY THE
SOUTHEASTERLY SIDE OF LAND NOW OR FORMERLY OF ELIZABETH MURPHY WITH THE
NORTHWESTERLY SIDE OF SAID 20 FOOT RIGHT OF WAY;
RUNNING THENCE FROM SAID POINT OF BEGINNING NORTH 44 DEGREES, 29
MINUTES, 40 SECONDS WEST 332 FEET MORE OR LESS TO THE ORDINARY HIGH
WATER MARK OF LONG ISLAND SOUND;
RUNNING THENCE SOUTHEASTERLY ALONG THE ORDINARY HIGH WATER MARK OF LONG
ISLAND SOUND A DISTANCE OF 150 FEET MORE OR LESS TO LAND NOW OR
FORMERLY OF BRIENZA (NOW OR FORMERLY OF RAEBURN/MURPHY);
RUNNING THENCE ALONG LAST MENTIONED LAND, SOUTH 44 DEGREES, 29
MINUTES, 40 SECONDS EAST 315.00 FEET MORE OR LESS TO THE NORTHWESTERLY
SIDE OF THE AFOREMENTIONED 20 FOOT RIGHT OF WAY;
RUNNING THENCE ALONG THE NORTHWESTERLY SIDE OF THE AFOREMENTIONED RIGHT
OF WAY THE FOLLOWING TWO COURSES AND DISTANCES:
1) SOUTH 70 DEGREES, 16 MINUTES, 10 SECONDS WEST 97.70 FEET TO A
POINT;
2) SOUTH 70 DEGREES, 20 MINUTES, 10 SECONDS WEST 52.30 FEET TO THE
POINT OR PLACE OF BEGINNING.
TOGETHER WITH A FREE AND UNINTERRUPTED 20 FOOT RIGHT OF WAY FOR INGRESS
AND EGRESS, ALL UTILITIES AND FOR ALL PURPOSES EXTENDING FROM THE
SOUTHERLY BOUNDARY OF THE SUBJECT PREMISES SOUTHWESTERLY AND SOUTHERLY
TO THE INTERSECTION OF OREGON ROAD AND BRIDGE LANE.
SAID RIGHT OF WAY BEING FURTHER DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHWESTERLY SIDE OF THE 20 FOOT RIGHT OF
WAY WHICH POINT IS DISTANT NORTHEASTERLY 52.30 FEET FROM THE
INTERSECTION OF THE SOUTHEASTERLY SIDE OF LAND NOW OR FORMERLY OF M~ARY
ELIZABETH MURPHY WHERE THE SAME IS INTERSECTED BY THE NORTHWESTERLY
SIDE OF SAID RIGHT OF WAY;
RUNNING THENCE ALONG THE NORTHWESTERLY SIDE OF SAID RIGHT OF WAY, SOUTH
70 DEGREES, 20 MINUTES, 10 SECONDS WEST 249.09 FEET TO THE
SOUTHWESTERLY CORNER OF IQ NOW OR FORMERLY OF MARY ELIZABETH MURPHY;
RUNNING THENCE SOUTH 70 DEGREES, 20 MINUTES, 10 SECONDS WEST 9.97 FEET
TO A POINT IN A CERTAIN 25 FOOT RIGHT OF WAY;
X-8604972 LEGAL DESCRIPTION PAGE: 2
E SOUTH 44 DEGREES, 48 MINUTES, 40 SECONDS WEST 16 FEET TO LAND
NOW OR FORMERLY OF BAXTER;
RUNNING THENCE ALONG LAND NOW OR FORMERLY OF BAXTER, SOUTH 45 DEGREES,
11 MINUTES, 20 SECONDS WEST 1035.38 FEET TO A MONUMENT ON THE NORTHERLY
SIDE OF BRIDGE LANE;
RUNNING THENCE ALONG THE NORTHERLY SIDE OF BRIDGE LANE, NORTH 51
DEGREES, 44 MINUTES, 30 SECONDS EAST 16.12 FEET TO A MONUMENT AND LANDS
NOW OR FORMERLY OF BOKINA;
RUNNING THENCE ALONG LANDS NOW OR FORMERLY OF BOKINA, NORTH 45
DEGREES, 11 MINUTES, 20 SECONDS WEST 1015.17 FEET TO A MONUMENT AND THE
SOUTHEASTERLY SIDE OF THE RIGHT OF WAY BEING DESCRIBED;
RUNNING THENCE ALONG THE SOUTHEASTERLY SIDE OF SAID RIGHT OF WAY AND
THROUGH LAND NOW OR FORMERLY OF BOKINA, NORTH 70 DEGREES, 20 MINUTES,
10 SECONDS EAST 269.51 FEET;
RUNNING THENCE ACROSS SAID RIGHT OF WAY, NORTH 19 DEGREES, 39 MINUTES,
50 SECONDS WEST 20 FEET;
THENCE ALONG THE NORTHWESTERLY SIDE OF THE RIGHT OF WAY, NORTH 0
DEGREES, 0 MINUTES, 0 SECONDS 70, TOWNSHIP 16 NORTH, RANGE 10 WEST 20
FEET TO THE POINT OR PLACE OF BEGINNING.
SUBJECT TO A 20 FOOT RIGHT OF WAY OVER THE SOUTHERLY SIDE OF THE
PREMISES FOR THE EXCLUSIVE BENEFIT OF LOT NO. 3 SHOWN ON MINOR
SUBDIVISIN MAP M FOR ROBIN A. RAEBURN AND MARY ELIZABETH MURPHY BY
RODERICK VAN TUYL P. C. AND DATED FEBRUARY 5, 1979 A DISTANCE OF 97.70
FEET TO THE SOUTHERLY BOUNDARY OF SAID RIGHT OF WAY BEING DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT WHERE THE EASTERLY SIDE OF THE SUBJECT PREMISES
INTERSECTS T~E FIRST DESCRIBED 20 FOOT RIGHT OF WAY;
RUNNING THENCE SOUTH 70 DEGREES, 16 MINUTES, 10 SECONDS WEST 97.70
FOR INFORMATION ONLY: DISTRICT 1000 SECTION 073.00 BLOCK 02.00 LOT
003.006.
( END )
October 2, 1986
Southold Town Zoning Board
Town Hall
Main Road
Southold, New York 11971
of Appeals
Re: Variance Application
John R. Dempsey
Dear Sirs:
Enclosed please find the following:
1. Notice of Disapproval from the Building INspector
2. Application in triplicate
3. Notice to Adjoining Property Owners with affidavit and
mailing receipts attached.
4. Short Environmental Assessment form
5. Wetland letter with DEC non-jurisdiction letter attached.
6. Copy of 8/29/86 letter of non-jurisdiction from Town Trustees.
7. Four prints of survey
8. Copy of survey approved by Suffolk County Dept. of Health Services.
9. Our firm check, in the sum of $75.00, in payment of application
fee.
Please review this submission and schedule a public hearing as soon as
your calendar permits.
Si/nce/~rly, ~7
zR~dolp%J H. Bruer
RHB/df
Encs.
cc: John R. Dempsey
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Regulatory Affairs Unit
Bldg. 40, SUNY---Room 219
Stony Brook, N. Y. 11794
(516) 7> i.-7900
Dear
A review has been made of your proposal to:
New York State~epartment of Environmental Conservation has found the
parcel~--project to be:
Greater than 300' from inventoried tidal wetlands.
Landward of a substantial man-made structure
greater than 100' in length constructed prior to September 20, 1977.
Landward of existing 10' contour elevation above mean sea level on a
gradual, natural slope. There is to be no construction or disturbance
to vegetation or topography within 20' or seaward of existing I0'
contour or topographical crest (as indicated).
~Landward of topographical crest of bluff, cliff or dune in excess of
10' in elevation above man sea level. There is to be no construction
or disturbance to vegetation or topography within 20' or seaward of
existing 10' contour or topographical crest (as indicated).
Therefore, no permit under Article 25 (Tidal Wetlands of the Environmental
Conservation Law) is required at this time since the current proposal is
beyond State mandated jurisdiction pursuant to this act. However, any
additional work or modifications to the project may require a permit. It
is your responsibility to notify this office, in writing, if such additional
work or modifications are contemplated.
Very truly yours,
__
Alternate Regional Permit Administrator
HENRY P. SMITH, President
JOHN M. BREDEMEYER, Vice-Pres.
PHILLIP J. GOUBEAUD
ALBERT KRUPSKI, JR.
ELLEN M. LARSEN
TELEPHONE
(516) 765-1892
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
August 29, 1986
Mr. Rudolph H. Bruer
Edson & Bruer
Attorneys At Law
Main Road
Southold, New York 11971
Re: Dempsey from Raeburn, Lot 2, House Proposal
Dear Mr. Bruer:
The following action was taken by the Board of Trustees at their
regular meeting held on August 28, 1986 regarding the above captioned matter.
WHEREAS, Rudolph H. Bruer on behalf of Dempsey from Raeburn has requested
a determination on the need of a Wetland Permit for the construction of a
single family residence on property located off a R.O.W. off of Bridge Lane,
Cutchogue, and
WHEREAS, the Trustees have personallyviewed and are familiar with the property
in question and the surrounding area, and
WHEREAS, the Board has determined that the Trustees have no jurisdiction in
regard to this matter in accordance with the proposal submitted on the map
surveyed by Anthony W. Lewandowski, dated July 14, 1986, and
be it further advised that this declaration should not be considered a
determination made for any other department or agency which may also have
an application pending for the same or similar project.
Very truly yours,
Henry P. -Sm±th, Pres±dent
Board of Town Trustees
HPS:ip
cc: Bldg. Dept.
Board of Appeals
Trustees
file
~TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ,,~6-~ 9'
DATE ..............................
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, (We) ............ .J..9.H...N.....R.:.....D..E..~.P..S...E..Y. ................. of ....... !.N...o.~.}.....B..r..o...a..d..w...a..t...e..r...s.....R..o..a..,d. .................
Name of Appellant Street and Number
...................... .Q~.t~QbD. g~,e ........................................................ MY ................ HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT ~ ..TO...CO~SC'RUC.T ...... DATED ..... ..A..~..~.~...s..t....,7.!....~.9...8..6. ...............
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
Name of Applicant for permit
of
B .O..x....5. ,.....C..u..~ .c..h..Q g.p..e_, ....N..,..Y. ..................................................................................
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
( X) PERMIT TO CONSTRUCT
1. LOCATION OF THE PROPERTY Pvt. Rd. off Oregon Rd., Cutchogue A Res/Agr
Street Use District on Zoning Mop
.... ~C..T..~....1..0.Q.0.T.Q.7.,3. r. Q2r.3.....6. .............. Current Owner Robin E. Raeburn
Map No. Lot No,
2, PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Town Law Sec. 280A, Article III Section 100-119.2
3. TYPE OF APPEAL Appeal is made herewith for
(X) A VARIANCE to the Zoning Ordinance or Zoning Map
(X) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal ]kh~hos not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No ................................. Dated ......................................................................
REASON FOR APPEAL
×) A Variance to Section 280A Subsection 3
×) A Variance to the Zoning Ordinance
)
~s requested for the reason that
Appellant wishes to construct a single
property, which construction will be within 100 feet
bluff and will require approved access.
family residence on the subject
of the L.I. Sound
Form ZB! (Continue on other side)
REASON FOR APPEAL Continued
1 STRICT APPLICATION aP THE ORDINANCE would produce practicaldifficultiesorunneces-
sary HARDSHIP because
The proposed house will conform to the 50 foot front yard set-back, it
will be within 100 feet of the bluff and approximately 225 feet from
the Long Island Sound.
The property is presently under contract. A denial of the wetland
set-back would result in the cancellation of the contract and
financial hardship to the Appellant.
The N.Y.S. DEC has reviewed the proposed construction and does not
require a permit where the proposed construction remains in excess of
10 ft. elevation of bluff, cliff or dune. (Exhibit A)
The Southold Town Board of Trustees has determined that they have no
jurisdiction with regard to this matter. (Exhibit B)
2 The hardship created is UNIQUE and is not shared by all properties alike in the immediate
vicinity of this property and in this use district because
The subject property is 315 feet deep, but only 145 feet from front
property line to the top of the bluff. The topography of this parcel
is unique and requires construction within 100 feet of the bluff.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
The proposed construction will not change the character of the
district because the adjacent properties are also being developed with
single fimily residences.
STATE OF NEW YORK )
)
COUNTY OF SUFFOLK )
SS
// Signature
Sworn to this ................... ~..n.,d. .................... day of .............. 9~-.°.t~.~..r. ........................ 19 86
BOARD OF APPEALS, TOWN OF $OUTHOLD
In the Matter o~ the Petition of :
JOHN R. DEMPSEY :
to the Board of Appeals of the Town of Southold
TO:
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. T~intention of the undersigned to petition the Board of Appeals of the Town of $outhold
to request (a~ari~ff) (Special Exception) (Special Permit) (Other) [¢±r¢le choice]
2. That the property which is the subject of the Petition is located adiacent to your property and is des-
cribed as follows: Private Road off Oregon Road, Cutchogue~ N.Y.
Suffolk County Tax Map designation: Dist. 1000, Sec. 73, Blk. 2, Lot 3.6
That the property which is the subject of such Petition is located in the following zoning district:
"A"-Residential/Agricultural
4. ThatbysuchPetition, theundersignedwillrequestthefollowingrelief:
permission to construct one family dwelling within 100
Sound bluff with approved access.
feet of L.I.
$. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article III Sectic~ 119.2
[ ~ Section 280-A, New York Town Law for approval of access over right(s)-of-way.
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you 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: October 2, 1986
EDSON & BRUER, ESQS.
Petitioner
Owners'Names: Robin E.
Post OfficeAddr~s
P.O. Box 1466
Raeburn
Southold, N.Y. 11971
(Tel. (516) 765-1222
NAME
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
John Marshall Lancaster
Robert & Susan D'Urso
62 West llth Street
New York, N.Y. 10011
Mary Elizabeth Murphy
25 East 10th Street
New York, N.Y. 10003
.lonnv Rokina
P.O. Box 150
Cutchogue, N.Y. 11935
biATl= Oi- n~W YuKK)
COUNTY OF SUFFOLK )
SS.:
Windrose Way
Greenwich, Conn. 06830
Mary Diana Foster , residing at (No#) McCann Lane, Greenport,
N.Y. 119 4 4 , being duly sworn, deposes and says that on the 2nd day
of ¢)~-~h~r ,19 86 , 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-
fice at Southold, New York ; that said Notices were mailed to each of said persons by
(certified) (~e,:~kmail.
Sworn to before me this 2nd
day of October ,19 86
~l;,al~ Public
30, ~987
(This side does not
property owners.)
have to
be completed
on form
transmitted to adjoining
~ HS T~U'CT ]OUS:
~ (o) ]~f order to answer the questions ~n this shor~ EAF ~ As'assumed
that the preparer %~ill use currently ova'liable information concerning the
project and thc likely impacts of the action. It is not expec~e~ that
additional studies, research or other investigations ¥lill be undertaken.
(b) If any question has been answered Yes the project may be
signlficont and o completed Envlronmentol Assessment Form As necessary.
(c) If oll questions have been ons¥/ered J~o it is likely %ha% %his
project is not significant. ' '
(d) Environmental Assessment
I. %'Jill project result in o large physical change . . · ''
to the project site br physically alter more
~han 10 of land? 'Yes X' No
2. ¥1ill there be a major change to any unique or '
-unusual land form found on the sate? .... Yes X
3. Will project olt.r here o large' effe "o; '
existing body of water? ..................... ¥~.X No
4. ¥1ill project have o potentially large impact ' 0
on ground¥iater quality? ................. yes, X'No
" :.5. Will project significantly effect ~roina~.".'31 -
rio adjacent sites? - ' Yes ~'No
6. %~ill project affect any threatened or
~ cnd¢,ngercd plant or animal species? ....... . Yes X' No
, 7. ¥!ill project resul~ in "o major adverse eff,e~ ''
! on air quali~y? ................. ,'. .......... Yes X No
/ 8. YJill project have o major effect on visual
character o~ the communily or scenic views or
vistas known to:be imporianl to the community?. 'Yes
9. ¥1ill project adversely impact an), site or
· structure of historic, prehistoric or
paleontological imporlonce or any site "
designotcd os o critico! en\,ironme 1~ol ereo
by o local agency? ............ -.:.....-~..v...-.~..;..v Yes X
lO. I'Jill project helve o major e[£ccl on existihg
or future recreational opportunilie5?. ~ ....... Yes X No
11. Will project result in.major traffiic problems -
or. cause o major cffecl ia ex-taring
transportation ~ysiems? ....................... Yes X No
12. Will prbject .regularly cause objectionable
. odo~s, .noise,' glare, vibrotlon, or c!ec~rical .
disturbance os o resull of the project's
opera,ion? ' '- ~ ' Yes X No
13. %'!ill'project have an), impact on public health ~
or.safety~ ............ ¥ N
ll j' .................... x o
'Ii o 'cci o ecl the exisiin9 community
'. directly causing o graY/lb in permanent
population of more than 5 perccgt over a one
ycor period or hove a mojor negative effect
. L. on the choro~-~er of the community or
" neighborhood? ................................. Yes X No
I5 Is there public controversy concerning the
~roject? ...................................... Yes X No
PREPARER's
SICHATURE
R£PRESEHT ING
DATE
QUESTIONNAIRE TO BE COMPLETED AND FILED WITH APPLICATION TO THE Z.B,A.
The New York State Tidal Wetlands and Use Regulations, 6 NYCRR, Part 661, requires
an application to the N.Y.S. Department of Environmental Conservation, Environmental
Analysis Unit, Building 40, S.U.N.Y., Stony Brook, NY 11794, (tel. 516-751-7900}, if-
you have checked Box #1 and/or Box #6 below. Please either call their office or
personally visit them at their Stony Brook office for instructions and application
forms. Once you have received written notification of approva please provide our
office with a copy (with the conditions) as early as possible in order that we may
continue processing your Z.B.A. application.
[ ] I. Waterfront without bulkheading
[ ] 2.
[ ] 3.
Waterfront with bulkheading in good condition
[ ] the full length of the property
[ ] at least 100' in length
Not located within 300t of waterfront or wetlands area
May be located within 300~ of waterfront or wetlands area; however,
the following structure separates my property from this environmental
area:
[ ] 50~ existing road
[ ] existing structures
[,,/] bluff area more than 10' in elevation above mean
/-,
sea level
[ ] 5. This
than
[ ] 6. This
more
area.
proposed addition/expansion of an existing building will bo more
75' frqm the landward edge of tidal wetlands/waterfront areas.
proposed addition/expansion of an existing building will NOT*'be
than 75' from the landward edge of tidal wetlands!waterfront
Please be aware that any and all subdivisions and new dwellings will also require an
application to the N.Y.S. Department of Environmental Conservation for their review/' '
and approval. If you are able to provide them with recent photographs of the
project and wetland areas, it would help expedite the processing of your applica-
tion.
This questionnaire is made to explain the requirements of this State Law and to
prevent any unnecessary delays in processing your application(s).
10/831k