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Home My WebLink About3579 Southold ToWn's'Board Of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cj'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3579 Application Dated November ]0, ]986 TO: Mr. and Mrs. Charles V. Blake 695 Old Wood Path Southold, NY 11971 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on Janua~ 8, ]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 [ ] Request for Special Exception under the Zoning Ordinance Article , Section [ ] Request for Variance to the Zoning Ordinance Article _, Section [ ] Request for Application of CHARLES AND SANDRA BLAKE for a Variance for Approval of Access pursuant to New York Town Law, Section 280-a, from the east side of South Harbor Lane along Old Woods Path (Private Road No. 10), to premises known and referred to as 695 Old Woods Path, Southold, NY; County Tax Map Parcel No. 1000-87-1-23.7. WHEREAS, a public hearing was held and concluded on December ll, 1986 in the Matter of the Application of CHARLES AND SANDRA BLAKE, Appeal No. 3579; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: 1. This is an application for a Variance pursuant to the Provisions of New York Town Law, Section 280-a for approval of access over a private right-of-way referred to as "Old Woods Path," or Private Road No. 10, which extends from the east side of South Harbor Road, Southold, in an easterly/southeasterly direction 600 feet, and thence 242.85 feet to the existing driveway. 2. The premises to which appellants are requesting access to contains an area of 4.282 acres, improved with a single-family 2-½ story frame dwelling, as more particularly shown on survey amended June 3, 1985, prepared by Roderick VanTuyl, P.C., and garage structure accessory and incidental to the residential use of the premises, for storage and garage purposes only. (CONTINUED ON PAGE TWO) DATED: January 12, 1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 - Appeal No. 3579 Matter of CHARLES AND SANDRA BLAKE Decision Rendered January 8, 1987 3. For the record, it is noted that the right-of-way was improved in accordance with the conditions of Appeal No. 3432 (J. Holzapfel) rendered April 3, 1986, for the portion extend- ing from the east side of South Harbor Road to the Holzapfel premises (1000-87-1-23.8), and conditionally accepted by resolution of July 17, 1986. 4. It is the opinion of the board that the remaining 242.85 feet leading to the beginning of the Blake driveway is in need of minor improvements, as noted below. 5. It is also noted that this 280-a conditional approval is not to be recognized as approval of access for any other lots which may be subject to 280-a updated approval in the future, or any future set-off divisions or subdivisions, unless so recommended in writin9 by the Buildin9 Inspector and filed with the Office of the Board of Appeals. 6. Under Building Permit #13481 issued October 19, 1984, new construction has been finalized and is pending issuance of a Certificate of Occupancy and 280-a action. In considering this appeal, the board determines: (a) the relief requested is not substantial in relation to the requirements; (b) there will be no substantial change in the character of this district; (c) the relief as condi- tionally noted below 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 appellants to pursue other than a variance; (e) in view of the manner in which the difficulty arose, the interests of justice will be served by allowing the variance, as condi- tionally noted. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that relief be and hereby is GRANTED in the Matter of the Application of CHARLES AND SANDRA BLAKE for approval of access as required by New York Town Law, Section 280-a, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That there be a minimum open and unobstructed access width of 12 feet to be paved with two inches [2"] of compacted stone blend, and potholes filled, for the additional 242.85 feet (from a point approximately 590 ft. from South Harbor Road to the existing open d~iveway area of the Blake parcel). 2. That the entire right-of-way be continuously main- tained in good condition at all times (from South Harbor Road to the driveway area, supra). 3. That acceptance of the improvements as conditioned above be submitted in writing to the Office of the Board of Appeals. Vote of the Board: Ayes: Douglass and Sawicki. (Member resolution was duly adopted. Messrs. Goehringer, Doyen, Grigonis abstained.) This lk ,Janua.~y ].2, .:1.~.87 _. ..... l'cv.n Cl;~h, Tc?:n c{ ~0u'2:.~!2 ~ 1 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of ~he Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Nall, Main Road, Southold, NY at a Regular Meeting on Zhu~sday, Dec~mbe~_~l~]~ lg86..,at the following times: 7:35 p.m. Appeal No. 3216 - EUSENE DAVISON. Variance to the Zoning Ordinance, Article III, Section lO0-30(A)[1] for permission to establish second dwelling unit upon 9·8± acre parcel 6ver.existi. ng hors~ stable. 'Location off. Property: South Side of Sound.Avenue, Mattituck, NY; Lot ~4, Minor Subdivision 'of Strawberry Fields, which received Sketch Plan approval July 8, 1985 by-~he-Town Planning Board~ Count~ Tax Map Parcel No. 1000~121--3-5 (containing 1~2.6& acres). 7:40 p.m. Appeal No. 3577 FRANK AND DELORES DAVIES· Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to replace accessory she'd i~ th~north sideyard area at 2285 ?ine Tree Road, Cutchogue, NY~ Lot #15, Map of Nassa~ Farms filed March 28, 1935; County Tax Map Parcel No. 1000-104-3-2. ~_~ Map Parcel 7:55 p.m. to the Zoning permission to side yard and Ro ad , 7:45 p.m. Appeal No. 2578 ~RTHUR ESSLINGER. Variance to the Zoning Ordinance, Article XI, Section 100-119-2 for permission to locate accessory storage shed within 75 feet of existing bulkhead and wetlands area at 1515 Arshamomaque Avenue, Southold, NY; Lot #21, Map of Beixedon Estates; £oun~ty Tax Map Parcel No· 1000-66-3-11. ~ · Appeal No. 3579 CHARLES AND SANDR2 BLAKE. / 7.50p.m.. Variance for Approval of Access pursuant'to New York Town ~ Law, Section 280-a frbm th6 east side of South Harbor lane ~ along Old Woods Path (Private Road #10), ~o premises known ~ and referred to as 695 Old Woods Path, Southold, NY; County// No. 1000-8'7-1-23.7. Appeal No. 3580 NICHOLAS BABALIS. Variance Ordinance, Article III, Section lO0-31 for construct new dwelling with insufficient northerly insufficient total sideyards at 3.360 Rocky Point East Marion, NY; County Tax Map Parcel No. 1000-21-04-09. 8:00 p.m. Appeal No. 3572 MICHAEL AND JOYCE MATTES. Special Exception-Bed and Breakfast (recessed from~ll/20~86). Page 2 Notice of Hearings Southold Town Board of Appeals Regular Meeting December II, 1 986 8:10 p.m. Appeal No. 3557 - ROBERT G. EGAN. Variance to amend Conditional Approval Rendered 11/3/86 under Appeal No. 3557 to allow reconstruction of dwelling with insuffi:ient setbacks upon foundation as exists at 5 and 12 feet, rather than 7 and 12 feet, au 330 Knoll Circle, East Marion, NY; "Map of Section Twos Gardiners Bay Estates," Subdivision Lots 27 and part of 28; County Tax Map District lO00, Section 37, Block 5, Lot 12. 8:15 p.m. Appeal No. 3552 - JOHN SENKO. Variance for shopping center use in this B-1 General Business Zone with 30,084 sq. ft. of lot area (recessed from 11/20/86). The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above hearings. Writt~'~ comments may also be submitted pri6r to the conclusion of the ~ubject hearing. For more information, please call 765-1809. Dated: November 20, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Bbard Secretary Copies to the foil-owing on or ~about 12/t/86: ..... Mr. Eugene Da~_sQn, Box 248-A, RD #t, Sound Ave, Mattituck, NY 11952 Mr. an~ Mrs. Frank Davies, 113 Lone Oak Path, Cutcho§ue, NY 11935 Mr. Arthur Esslinger, Box 172~ Southold~ NY ]1971 '- Mr. and Mrs. Charles Blake, 695 Old Woods Path, Southold, NY 11971 Mrs. P.C. Moore, Rudolph H. Bruer, Esq., Main Road, Southold, NY as Agent/Attorney for Nicholas B~balis Mr. and Mrs. Michael Mattes, 50 Luthers Road, Box 831, Matt~tuck, Mr. and Mrs. Donald Shaw, Breakwater Road, Mattituck, NY 11952 11971 NY 11952 Mr. Garrett A. Strang, Architect, for R.G. Egan, Box l~-12, Stephen R. Angel, Esq. (for Senko), Box 279, Riverhead, NY Daniel C. Ross, Esq., Box 1424, Mattituck, NY 11952 Southold 11971 11901 Suffolk Times (pensonal delivery L.I. Traveler (personal delivery Town Clerk Bulletin Board Z.B.A~ Office ]ulletin Board Building Department Board Members Individual ZBA Files 12/2/86) 12/2/86) ....-? .,~ --____ - - --TOWN OF ,~UTH~I.D, NL~N YORK ........ APPEL FROM DECISION OF BUILDING INSPE~OR TO THE ZONING BOARD OF APPEALS, TOVCN OF SOUTHOLD, N.'Y. ....................... .......... ......................................... ......................... Name of Appellor~t Street and Number ~.0..~...~.~.~. .....~.~i~c.i.l~ji~ ....................... ~ ........... HEREBY APPEAL TO State ~ THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPL CAT ON FOR PERM T NO ~/ ~.~.'.~./2 DATED ~ Z~; ~4 WHEREBY THE BUILDING INSPECTOR DENIED TO ~: ~ ~~ ~.~L.~....U~. ........... ' ..... ~ ~,~. .~c Name of ~pplicanf for permit ........... Ug .......... ........... ....................... u.[ ........................... Street and Number Municipali~ State ( ) PERMIT TO USE (~ PERMIT FOR OCCUPANCY ( ) ~ ~oc~..o~ o~ ..~ ~o~[~.~ _._.....~....~......~.~.~,...,.,.,..~.. ~,.:=~...... .................... Street Use District on Zoning Mo~ .... g. JzLz.~.~.z.~ ............................................. cu~¢~ ~ cbr/~ f r~4~ ~ 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.) 3. 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 previous appeal (has.,,_) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated .................................. REASON FOR APPEAL (~') A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance ( ) is requested for the reason that (Continue ~n other side) 'REASON FOR APPEAL 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because , 2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) ss COUNTY OF ) Sworn to this ........................ 2 ,.'.'.~..7 Signature day of ....... : ........................................... JOAN A. BUDAY Notary Publte, State of New Ym'k No, 31-485046~ Qualified in New York County Commission Expires Jan. 21, 19.'~,~ OF'$OUTHO~.D PROPERTY RECORD CARD OWNER STREET VILLAGE SUB, LOT FORMER OWNER RES. .~.// SEAS. LAND IMP. N S VL. TOTAL ,1/ ,q ~ o / LF n ll~ w FARM DATE E W TYPE OF BUILDING COMM, CB, MICS, Mkt. Value RE/V~ARKS Tillable ~Wo~ Meadowland House Plot /,gr_ Total FRONTAGE ON WATER '~RONTAGE ON ROAD DEPTH BULKHEAD Extension Extension Breezeway Garage L _ 6 ~ i_~/c~O / Foundation Both Basement ' --Zt~/I Floors ---- -~- ........... r Ext Wol s I ZV, ~ Interior F nish I _L_Z ....... ~ ....... Porch Heat Roof Type Rooms ist Floor Patio Rooms 2nd Floor Driveway Dormer VICTOR LESSARD XECU rIVE ADMINISTRATOR {516) 765-1802 Town Hall, 53095 Main RDad P.O. Box 1179 Southold, New York 11971 OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD TO: FROM: SUBJECT: DATE: BENNETT ORLOWSKI, CHAIRMAN PLANNING BOARD VICTOR LESSARD, EXECUTIVE ADMINISTRATOR C. BLAKE 280A ACCESS November 30, 1987 Charles and Sandra Blake; parcel 087-1-2.7 is part of a sub- division (Fruend) with a road within its perimeters. Even though the approved portion of the R.O.W. has been approved to the point of the entrance to the sub-division by Z.B.A., the applicant, by 280A interpretation, must have an points of entry to the property. approved these improvements, the issue a Certificate of Occupancy property. approved 280A to the point or When the Planning Board has Building Department will then for the construction on this VL:gar cc to: Zoning Board of Appeals Southold Town Board of Appeals GERARD P. GO£HRINGER, CHAIRMAN CHARLES GRIGONIS, JR, Apri 1 16, 1987 SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAW[CKI Hon. Joseph J. Snellenburg, II Family Court, State of New York Judge's Chambers Hauppauge, NY 11788 Re: Your Letter Dated April 15, 1987 Premises of Mr. and Mrs. Charles V. CTM ID #1000-87-01-23.7 Blake Dear Judge Snellenburg: We are in receipt of your April 15, 1987 letter concerning a~plications for Variances and/or subdivisions relative to premises of Mr. and Mrs. Charles V. Blake, County Tax Map Parcel ID #1000-87-01-23.7. Please be recently filed subdiv.ision or assured that we do not have an application by the Blakes concerning a proposed variances thereunder. We are, however, transmitting copies of your letter to the Planning Board since subdivisions are only their authority and do not necessarily involve our department. A copy is also being transmitted to the Building Depart- ment. Your letter will be posted in our office for possible ZBA application(s) in the near future. It is suggested that you do check periodically with the Planning Board Office at 765-1938 for updates on an application filed with them. Yours very truly, lk GERARD P. GOEHRINGER cc: Planning Board CHAIRMAN Building Department JOSEPH J. SNELLENBURG, II JUDGE Personal April 15, 1987 HON. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road Southold, New York 11971 RE: Minor Subdivision ~82 Approved 6/13/73; Lot 1000 087 01 23.7 Dear Chairman Goehringer: In 1973 approval was obtained for the captioned Minor Subdivision located on Private Road ~10 (Old Wood Path), South Harbor, Southold, by Russell and Eleanor Freund. The parcels have all been conveyed, and the Freunds are no longer in title. Covenant and Restrictions, inter alia prohibiting further subdivision, were filed as part of the Minor Subdivision Approval. They were also recorded in the Suffolk County Clerk's Office. Charles Blake and wife own Parcel four on the aforementioned Minor Subdivision map, (Tax Lot 1000- 087-01-23.7). The map shows a 3.677 acre parcel, exclusive of the land in the bed of the 50 foot private road to the north. The parcel is improved with a substantial dwelling and outbuilding. I am advised that Mr. Blake is considering subdividing the 3.677 acre lot, selling the northerly portion. This further subdivision may well violate the Covenant and Restrictions under which the Minor Subdivision was approved, and under which the adjoining owners, (Holzapfet, Parcel one, 087-01-23.8; Ballenger, 087-01-22), either purchased parcels or consented to the approval of the Minor Subdivision. Although my wife is not an adjoining owner, (087-02-021), she would appreciate receiving notice of any applications for Variances to the Minor Subdivision, or to further subdivide any of the parcels. It would be appreciated if notices could also be sent to the following: Mr. & Mrs. John Holzapfel South Harbor Road Southold, New York 11971 (087-01-23.8) JOSEPH J. SNELLENBURG, II Personal Mr. & Mrs. William Ballenger 1801 Woodbourn Drive Flint, Michigan 48500 (087-01-22) Mr. & Mrs. Robert Bayley (087-01-21) P. O. Box 456 Southold, New York 11971. Very truly yo~ cc/ J & J Holzapfel ~~/~ ~ RWom~erS~ ~ ~aD~ BB2yli~;ge ~ Ur ! ~l I ~ ~ JOSEPH J. SNELLENBURG. II JUDGE Personal April 15, 1987 HON. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road Southold, New York 11971 RE: Minor Subdivision #82 Approved 6/13/73; Lot 1000 087 01 23.7 Dear Chairman Goehringer: In 1973 approval was obtained for the captioned Minor Subdivision located on Private Road #10 (Old Wood Path), South Harbor, Southold, by Russell and Eleanor Freund. The parcels have all been conveyed, and the Freunds are no longer in title. Covenant and Restrictions, inter alia prohibiting further subdivision, were filed as part of the Minor Subdivision Approval. They were also recorded in the Suffolk County Clerk's Office. Charles Blake and wife own Parcel four on the aforementioned Minor Subdivision map, (Tax Lot 1000- 087-01-23.7). The map shows a 3.677 acre parcel, exclusive of the land in the bed of the 50 foot private road to the north. The parcel is improved with a substantial dwelling and outbuilding. I am advised that Mr. Blake is considering subdividing the 3.677 acre lot, selling the northerly portion. This further subdivision may well violate the Covenant and Restrictions under which the Minor Subdivision was approved, and under which the adjoining owners, (Holzapfel, Parcel one, 087-01-23.8; Ballenger, 087-01-22), either purchased parcels or consented to the approval of the Minor Subdivision. Although my wife is not an adjoining owner, (087-02-021), she would appreciate receiving notice of any applications for Variances to the Minor Subdivision, or to further subdivide any of the parcels. It would be appreciated if notices could also be sent to the following: Mr. & Mrs. John Holzapfel South Harbor Road Southold, New York 11971 (087-01-23.8) JOSEPH J. SNELLENBURG, H JUDGE Personal Mr. & ~rs. William Ballenger 1801 Woodbourn Drive Flint, Michigan 48500 (087-01-22) Mr. & Mrs. Robert Bayley P. O. Box 456 Southold, New York 11971. (087-01-21) Very truly yours cc/ J & J Holzapfel Wm. S. & E.D. Ballenger Robert & Joan Bayley Southold Town Board of Appeals MAIN ROAD- GTATE ROAD 25 SOUTHOLD, L.h, 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. SAWICKI April 16, 1987 Hon. Joseph J. Snellenburg, II Family Court, State of New York Judge's Chambers Hauppauge, NY 11788 Re- Your Letter Dated April 15, 1987 Premises of Mr. and Mrs. Charles CTM ID #1000-87-01-23.7 V. Blake Dear Judge Snellenburg: We are in receipt of your April 15, 1987 letter concerning applications for Variances and/or subdivisions relative to premises of Mr. and Mrs. Charles V. Blake, County Tax Map Parcel ID #1000-87-01-23.7. Please be assured that we do not have an application recently filed by the Blakes concerning a proposed subdivision or variances thereunder. We are, however, transmitting copies of your letter to the Planning Board since subdivisions are only their authority and do not necessarily involve our department. A copy is also being transmitted to the Building Depart- ment. Your letter will be posted in our office for possible ZBA application(s) in the near future. It is suggested that you do check periodically with the Planning Board Office at 765-1938 for updates on an application filed with them. Yours very truly, lk GERARD P. GOEHRINGER cc: Planning Board CHAIRMAN Building Department Southoid Town Board of Appeals NAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11g71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H, SAWICKI TO: FROM: DATE: SUBJECT: Mr. Victor Lessard, Administrator-Building Department Jerry Goehringer, ZBA Chairman January 20, 1.987 Updated Report by Jack Davis - Appeal No. 3579 (Blake) Based on Mr. Davis' approval of the 242.85' length required to be improved as per ZBA Action rendered January 8, 1987 under Appeal No. 3579, it is my opinion that same meets the Condition #1 of the Board's decision. It should be noted, however, that the entire right-of-way must be continuously maintained in good condition at all times (from South Harbor Road to the driveway area), as per Condition No. 2. lk £ 1987 To: From: Re: Gerard P. Goehringer, Chairman Southold Town Board of Appeals Report No.~- John W. Davis Date: January ~9, 1987 Appeal No. 3579 - Access road for Charles and Sandra Blake. Inspected above access on ~/~4/87 with V. Lessard. in stone blend top course,less in a few areas. Found depth of 2" Returned to site on January 15, 1987 to measure length of road, width and to check for the 2" depths. The road width is 12 ft. and 250 ft. in length. Probes in the top course were 1~" in center and in most cases 2" on the sides. Met Mr. Blake who said he would have more stone brought in. Met E. Brush in p.m. on 1/16/87 at site. We made a series of probes in the stone course throughout. Depths found in the sides were 2" and in some areas 2"+. The center of the road measurements were ]~"~. E. Brush agreed to bring in additional material. Additional materiml (8 tons) were brought in and spread mostly in the center on ~/]7/87. To date 234 tons of stone blend have been placed in the ~2 ft. width according to E. Brush. I recommend that this section of the access road be accepted as to width and depth of top course as called for. Note: The first 600 ft.± from South Harbor Lane to the length as inspected is in good condition except for some potholes which should be corrected. John W Davis "To: O' e. 0'~. . t" II -4- ..... W~. 4~- ~ ~k4_~__~. ' oe_.~L-e.m. ~b ~d_~ ?~, ,' ~ ,l , ii' Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI January 12, 1987 Mr. and Mrs. Charles V. 695 Old Wood Path Southold, NY 11971 Blake Re: Appeal No. 3579 (280-a Variance) Dear Mr. and Mrs. Blake: Attached hereto please find a copy of the official findings and determination rendered in the above matter. Please be sure to contact either our office or Mr. Victor Lessard of the Building Department for inspection of the final improvements required by Condition No. 1 and acceptance. A copy of this decision has been furnished for the Building Department file (No. 13481). Yours very truly, Enclosure Copy of Decision to: Building Department GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski JPAIIK I)I~TIIICT December 18, 1986 Mr. Charles V. Blake 695 Old Wood Path Southhold, New York 11971 Mr'. Gerard Goehringer Chairman, Southhold Board of Appeals Main Road Southhold, New York 11971 Mr. Goehringer: As per discussions with Linda Kowalski, I would like to make note re: my variance for approval cf access (280-A) to my residence, 695 Old Wood Path. I am pleased to see that the board has acted favorably in granting an access to and from my residence. The remaining footage of Old Wood Path is substantially wider and harder than any other section of the road. Because o~ these favorable conditions regarding the current status of the road, I would ask the board to waive any additional road ~mprovements, and grant my C.O. for access to and from my home. Thank you for considering my appeal. Please advise me as to your dec~sion. Sincerely, Charles V. Blake Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS December 11, 1986 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. S.E .Q.R.A. ROBERT J. DOUGLASS JOSEPH H. SAW~CKI NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3579 PROJECT NAME: CHARLES AND SANDRA BLAKE 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: r . Type II [X] Unlisted [ ] DESCRIPTION OF ACTION: V~riance for approval of access over Old Woods Path LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: Private Road #10. ~outhol~, NY 87-01-23.7 REASON(S) SUPPORTING THIS DETERMINATION: (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) The relief requested is not directly related to new building construction. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, 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. ,NOTICE OF HEAR1NCi[~ NOTICE IS HEREBY OIV- EN, pursuant to Section 267 of the Town Law ~md the Code of the Town of Southold, tl~ foUowins public bearinss will be held by the TOWN BOARD OF APPI~d~ at the Southoki Town Hull, Main Road, Southold, NY at Be~lar Mcetin~ on Thursday, De~Tmber 11, 1986, commenc- ing nt the followin8 times: 7:35 p.m. Appeal No. 3216- to the Zouln~ Ordinance, Arti- cle I11, Section 100-30(A) [1] for permission to establish second dwelgn~ unit upon 9.8:t: acre Location of Properly:. South Side of Sound Avenue. Mat- tituck, NY; Lot No. 4, Minor Subdivision of Strawberry Fields, which received Sketch Plan approval July 8, 1985 by the Town Planning Board; County 'lhx Map Parcel No.. 1000-121-3-5 (containin~ 12.64- 7:40 p.m, Appeal No. 35'/7- tion 100-32 for pe~mhsion to replace -._~__~ry shed. north sideyard aru at 2285 pine 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 T?aveler-Watchman once each week for ................. ./ ......... weeks successively, commencing on the Sworn to before me this ~ ~ .................... day of ...... ./.2.~ f.~'.~. :~ ..... 19 No. 15, Map of Nassau Pat'ms.. rded March 28L 193~; C?un~' 4:,~" :,,t:10 p,m.;Appeal N~ 35r/- Tax Map Parent., NQ'~):i ; ~OBERT O. EOAN. Vm'lun~. 1000-I(M-3-2. .; :...,.' ~. ,.%cc,[. to gmend Co~difio~l Approval 7:45 p.m. Appeal No, 35'/8-- ~...' ~ 11/3/86 und~ AlJPeal ARTHUR ESSLINOER.- i~> ~lNa, 3557toaHowteconstroction Variance to the Zonin~ O~-' F"~_~Ol_wdlin~withtnsuttlcteatset- dinance. Article XI, Section I,~ I:~l$~onfoundationnsex~ts 100.119.2 for permisdon, to :' at,'5 end 12 feet, rather than 7 locate accessory storaae d~ed ~ , nnd12feet, at 330 Knoll Cin:le, within 75 feet of existinl.~ ~FlaStMadon. Ny;UMapofSec- bulkhead and wetlands 8~a at 1515 Arshamomaque Avenue, Sout~old, NY; Lot No. 21, Map Map ~ NO, lO00,6f~.ll~ Notary Public BARBARA FORBES Notary Public, State of New York Qualified in Suffulk County Subdivision Lots 27 and port of 28; County ~ Map District, ', 1000, Section 37, Block 5, Lotl2 8:15 p.m. Appeal No. 3552- ~ 7:50p.m. Apped No. 357g~ JOHN SENKO. Vartance for CHARLES AND SANDRA' : shoDpin~ center use in this B-I BLAKE.~'ianceforAppto~ , Oe~!l Busine~ Zone with' o~r'-'~oursuanttoNewYorkJ , ~}~4sq. fl. oflota~t0~-cesa. Town Lav~, Section 28~a f-r~/ ~ from 11/20/86). the east side of South Harl~r, · Lane alon~ OldWo~is Pat~ hem at said time and place all (Private goud NZ 10),-'~;~ i!:; .mno~Or. rep .m~.ntati?d..e..~.- "remises known aaa _c~.,.~ +. : jn~ to be hearo in eacn ot me Southuld, NY; County ~ M~,~ i ~,; meats may also be submitted Parcel No 1000-87-1-'2~,7: "r~ ~ prior to the conclusion of the ?:~5 p.m. App~d Ho. 35~.~..'. ~ ~"~..J~ h.?~' ~o~ more info~- ~ICHO~AS aAnA~IS. ~i,~;_"~.°.n, ~'anance to the Zonin~ Or. dinance, Article I11, Sect/on ~ i ~ BY ORDER OF THE SOUTHOLD TOWN 100-31 for permission to con- ~ struct new dwelling with insuf-. ~:" BOARD OF APPEALg ficient northerly side yard and: ~ GERARD P. GOEHRINGER, , , CHAIRMAN insufficient total ~s at ~ ~=' , ,,:,, Linda Kowaiski, 3360 Rocky Point Road, East Marion, NY; County ~ · Board Secreta~ '1~ Map ', Parcel No. 1000-21-04-09. ' I , ,,: IT-12/4/86{49) $.'~ p.m. Appeal No. 3572- ~ MICHAEL AND ' JOYCE ~ Special Exception- Bed and Breakfast (recessed from 11/20/86) NOTICE OF HEARING8 NOTICE IS HEREII]~t GIVEN, pursuant to Section 2~ of the Town Law and the Code of tho Town of 8outhold, the follow- lng public hearings .will he held by the SOUTHOLD TOWN BOARD OF APPEALS at the i~g' ~-n Dee~' 11. 1986, commenc- ing at Se following times: 7:36 p.m. Appeal No. 3216 - EUGENE DAVISON. Vari- , ance to the Zoning Ordinance. Article Ill, Section 100-30{Al[II for permission to establish sec* ond dwelling unit upon 9.8-+ acre p~ree! over exisLing horse ntohle. Loe~tion of P~operty~, ,South Side of Sound Avenue. Mattituck, NY; Lot ~'.4, Minor Subdivision of. Strawberry Fields, which received 6ketch Ple~n approval July 8. 1985 by the Town Planning Board; County Tax Map Parcel 1000-121-3.6 (containing 7i40 p.m. Appeal No. ~577 FRANK AND DELORES DAVIES. Variance to tl~ ing Ordinance, Article Ill Se~;~- tion 100.32 for permission to m- ~ ll'10 n m Aooeal No 3557 - sideyard area at 2285 Pine Tr~ i 'to amend Conditional Approval .Road, Cutchogue, NY; Lot #15; ! Rendered 11/3/66 under Appeal Map of Nassau Farms filed March 28, 1935; County Tax Map Parcel No. 1000-104-3-2. 7:45 p.m. Appeal No. 3578 - ARTHUR ESSLINGEH. Varl- anco to the Zoning Ordinance, Article XI. Section 100-119.2 for storage shed within 75 feet of existing bulkhead and wetlands area at 1515 Arshamomaque Avenue, Southold, NY; Lot #21, Map of Beixodon Estates;~ County Tax Map Parcel No. 1000~66-3-11. ~ 7:50 p.m. Appenl No. 3579 - CHARLES AND S.~"qDRA BLAKE. Variance for Approval of Access pursuant to New York Town Law, Section 280-a from the east side of South Harbor Lane along Old Woods Path IPri- val~ Road #10), to premised- known and roferred to as 695 L Old Woods Path, Southold. NY; ,County Tax Map Purcel No. 1000-67-1-23,7. ' 7:55 p.m, Appeal No. 3580 - NICHOLA~ BABAIJS, Vari- ance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct new dwelling with insufficient north- / erly aide. yard und insufficient totol sldeyards at 3360 Rocky Point Road, East Marion, NV; County Tax Map Parcel No, 1000.21-04.09. 8'.00 p.m. Appeal No. 3572 - MICHAEL AND JOYCE MA'i-II~S. Special Exception- Bod and Bruakfhst Irecessed f~m 111201861. STATE OF NEW YORK ) ) S8: COUNI'Y OF SUFFOLK ) Carol Sgarlata of Greenport, in said County. being duly sworn, says that he/she la Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed ia a printed copy, has been regularly published In said Newspaper once each week for one weeks successively, commencing on the 4 day of -~_c 19 86 No. :1557 to allow reconstruction ofdweUing with insufficient set- b~ck~ upon ibundatlon as exists et 5 and 12 feet, rather than 7 and 12 feet, at 330 Kn(,U Circle, East' Marion, NY; "Map of Sec- ~ tion Two, Gardiners Bay Es- tates,'' Subdivision Lots 27 and JGHN SENKQ. Variance for OF APPEALS CHAIRMAN Linde Kowalski, Board ofsocretor~ Prlnclpa~ Clerk ba~/~l~/,~this 1- 1~ /~. ~~ N~A~BUC: S~te~ork ~ Term Expires Februar~]~ e APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN. JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN RI-lAD- STATE I~nAD 25 SrlUTHI~LD, L.I., N.Y. TELEPHONE (516) 765-1809 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 the're 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 free to call our office, 765-1809. Yours_ very .t~u].~,,~ ~ ~ G~ERARD P. GOEHR~NGER -~ CHAIRMAN Enclosure Linda .Kowalski Secretary and Board Clerk JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OFTHE TOWN CLERK TOWN OFSOUTHOLD November 10, 1986 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3579 , application of Charles V.& Sandra G.Blakefor a variance. Also included in notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Southold Town Clerk NOV 10 1906 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. TO THE ZONING BOARD OF APPEALS, TOWN OF $OUTHOLD, N. Y. ......................... r, lame 6f Appellant Street and Number ~,o.~....o.~. ~ ........... .ERE~Y ^~PEAL TO Municipality State ' ( ) THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON ^PPL'CAT,ON FOR PE ,T ............... DATED ...... ........ .................. WHEREBY THE BUILDING INSPECTOR DENIED TO ........... ~.~.~./.-~.....g!~ .................................... Name of Applicant for permit__ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ............................................................... Street Use District on Zoning Map .... ~...']..~/...T..~ ~-7- .......... current Owner C,/'I~Y/'~ ~ae~C ~/,,~/~. Mop 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 Ordi.nance.) 3. 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 Low Chap. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property, Such appeal was ( ) request for a special permit ( ) request for o variance and was mode in Appeal No ................................. Dated ...................................................................... (~I ( ) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that ~o~ ~.I~1 (Continue on other side) REASON FOR APPEAl Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties ar unneces- sary HARDSHIP because o t . 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 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) ) ss COUNTY OF ) Signature Sworn to this .............................................. day of ........................................................ 19 JOAN A. BUDAY No, 31-4850484 CommiesIon EXplre~ Jan. 21, 1 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request ac~Vari~nc~'~(Special Exception) (Special Permit) (Otb~er) [circle gho~ce] , 2. lh~t lhe property which i~ the subject of th~ ~tition i~ I~at~d adjacent to your pro~rty and i~ d~- cribed ~s follow~: the subject of such PFt~tion is located in the following zoning district: 4. That by such Petition, the undersigned will request the follov,4~g relief: $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed~e Article SectJ. c~l SecMon 280-A, New York Town Law for approval of access over r~ght(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 I~eard at such hearing. Dated: // /-'~/~> ~7 . Petitioner 0wne~s'Names: Post ~fice Addr~s {Tel. ) NAME PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: . . bein~ duly s~orn, deposes and ~ay~ that on the ' ~ ' ' day /] 9 ~, deponent mailed a true copy of the Notice set forth on the re- of - ' ' ' ver~ side hereof, directed to each of the above-named persons at the addresses set opposite ~h~r respective name; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current ass~s~n[rpll oLth~ Town of 5outhpld; that said Notices were mailed at the United Stat~ Post rice at ~ ~,~~ ~e~ ;that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this ~ day of ~~ , 19 (This side does not have to be completed on form transmitted to adjoining property owners.} To: Southe!d Town Board of Appeals ~lain Road Southold, NY 11971 Re: Appeal Application of Location of Property: Dear Sirs: In reference to the New York State Tidal Wetlands ~iand-Us Regulations, 6 NYCRR, Part 661, and Article 25 of the ~.~ew York State. Environmental Conservation La%q, please be advised that ti subject property i.n the within appeal appl' .-~ . · '(please check One bo×) [ ] May be located within 300 feet of tidal wetlands constructed along the water-ly~n~ edce of this property is a bulkhead in very good condition and at least 100 feet in ;lenstk. ~ [ ] May b'e 'located wit:hin 300 feet of tidal wet!ands~ however, constructed along the wa~eTr-ly~n~ edge of this property is a bul.-.ne~¢, in need of (minor) (major) repairs, and approximately lensth. ~- -- feet in [ ] not appear to May be located within 300 feet of tidal wetlands; however, constr%lcted along the %.zater-lying edge of this property is a bulkhead less than 100 feet in length. May be located :.;ithin 300 feet of tidal wetlands; and there is no bulkhead or c 'on the premise~. Is not located %vithin 300 feet of tidal Wetlands to the best of my knowledcje., [:;tarred items (*) indicate your property doe.z fall within tile jurisdiction of the i4.y.s' D.E..C. Sincerely you~~, NOTE: If proposed project falls wit'lkin D.E.C. jurisdi'ction, approval must be received an~ suLmit~6d to our office befo£e your a?plication can be scheduled fo£ a public hearing. ' .'. '[he ~I.Y.S. /ironlnental (lualiLy IO:viuvt~Act require; sub- · .'.%;'.,'ZW. ', mission of thJ~Orlll, arid all on'lJron,lonlaI(]viuw will 'be ..... ...,, ..... ,.. m~do b~ this board before ~ action is La~u,. ., ,, ,. "' ' "'.' ' :..'..'./I ,:~t, ,:.. ,? . .... ;... ,,, . ., , ~., .~;~?. ~'., ~ ~ .',(~) . . · ,.~.>t.;, . · ,,.., .~.,, , ~.~,.% ~,~t ~r~rar~r ~ll~ use ccrr~ntl? ~wll~b~e ~ro~icn conce~ln~ tho ~roJec~ ~nd If any question ha= been an~red Yes t~n proJoc~ ~y be ~..3~ .?... ..: . · ,. · ... .. .' ~'L"'. WLI. 1 project res~Llt in a large ph7',ic3]. to the pro!oct site or ph731caJly ~l~cr moro .v.'.-j.:. ' ~h~ l0 ~crea o£ ~and? , · · · · · · · · · "' 2, Will there bo a ~aJo~ change ~o ~n7 ~l~uo or . '.' = '. unu=ua~ land ro~ ~o~ on ~o ~e? · , . W~I project alter or ~ve a largo effect on an ox~st~ng bod~ o~ w~tor? . , , ...~. N~I pro,cci h~vo a potontlally largo ~c~ on ~o.~dwater quality? , , , , . ~. W~I pro,oct sl~lflccntly o~foct 6,' '~'ill proJ~c~ ~ec~ ~ny threatened or endangerod W~I proJec: reset In a m~Jor ,uvorno effect ~ir qu~:7? ........... ~. W~I project haw e mm Jot c~rcct on v$~uol cha~ actor o[ t~o co~un~t7 or occn~c v~ewo or viataa kno~ to be ~por=unt to thc co~.~un~ty? W~ll pro~ec~ adver=cly ~p=ct ~ny ~o o~ h~s~o~) p~o-h~or~c, or pa~bon~o~o~icul enviro~en~l area by a local agency? 10, W~I pro~oc~ h~ve a taler o~oc~ cn ~u~ure recrcatlonel opportm~l~io~ . . . W$11 project result Jn'~Jor trcfrlc probleos ~2. '41~J projoc: re~az'~y cause ob.lect~Onab[u odor:., anco an ~ reset o~ the project'= operation? . Yc~ Nc ~}. W$~ project ~ave any ~mpact on pub}.lc l&* ~1!1 project fiffec~ the existing con. unity by directly cauzin4 a ~rc'~h la ~L'~'~nn~'nt period e~ h.lve a Taler n,:c:jtlv~ effect on Dis t. 1000 Sec. 08 7. B lock 01.00 Lot 023,00] F%~30 (8U7) ~ N.Y~B.T.U. Fora1 1007 B~gdn mhd hie D~d, wtb% Covenant ~ah~t Omnto~'s Acts4ndividu~l o~ ~ THIS INDENTURE, made the 22 nd BETWEEN RUSSELL N. FREUND, New York, New York 10022, party of the first part, and both residing at day of November, nineteen hundred and eighty, residing at 300 East 54th 12941 REAL ESTAT£ DEC :~ ~ TRANbFEF~ SUFFOLK COUNTY CHARLES V. BLAKE and SANDRA GAlL BLAKE, his wife, 108 West 15th Street, New York, New York 10011, party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten and O0/lO0 ......... ~_. ......................... ~-- ($i0. oo) ........ . ................. do,ars, lawful moneyoftheUnitedStates, and other good and valuable constdera~on paid by the party of the second part, does hereby grant and release unto the party of the secona part, the heirs, or successors and assigns for the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erased, situate, lying andbeing~g~H at Southold, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point whid~ is distant 7.90 feet on a course south 29 degrees 29 minutes 20 seconds west from the southerly most corner of land now or formerly of Maguire, said corner of Maguires land being distant 600.00 feet more or less southeasterly, as measured along the northeasterly side of a right of way running to South Harbor Road, from the point where said right of way intersects the southeasterly side of South Harbor Road and running thence partly along the s6utherly end of said right of way and partly along the said land of Maguire, north 29 degrees 29 minutes 20 seconds east 29.98 feet to land now or formerly of Stewart; thence along said land of Stewart (1) south 27 degrees 01 minutes 30 seconds east 242.85 feet; (2) due east 109.18 feet; thence still along said land of Stewart and along land now or formerly of Loria south 48 degrees 25 minutes 20 seconds east 378.20 feet; thence still along said land of Loria and along land now or formerly of Beaudin south 74 degrees 24 minutes 50 seconds east 215.63 feet; t~ence still along said land of Beaudin south 5 degrees 19 minutes 10 seconds east 105.17 feet to land shown on the map of Nunnakoma Waters; thence along said mmp line south 88 degrees 51 minutes 40 seconds west 30.08 feet; thence still along said map line and along land now or formerly of Ballenger south 86 degrees 05 minutes 30 seconds west ~03.80 feet; thence still along said land of Ballenger southwesterly on an arc bearing to the left the chord of which is on a course south 65 degrees 20 minutes west for a chord length of 19.0 feet; thence still along said land of Ballenger (1) South'43 degrees 18 min- utes 50 seconds west 279.04 feet; and (2) north 64 degrees 47 minutes%F~ 49.65 feet to land now or formerly of Bayley; thence along said land of Bayley (1) north 24 degrees 53 minutes west 76.06 feet; (2) north 3 degrees 37 minutes 20 seconds west 158.32 feet; (3) north 9 degrees 11 minutes 30 seconds west 121.01 feet; '(4) north 17 degrees 15 minutes 00 seconds west 258.07 feet; thence still along said land of Bayley and along several lands of Paul, Wells and Lavinia north 27 degrees 01 minutes 30 seconds west 241.62 feet to the point or place of BEGINNING. SUBJECT to a right of way 25 feet in width over the northerly portion f th p i ab d ib d o e rem sea ove escr e SUBJECT to a utility line and pole across and over the southerly por- tion of the above described premises as same is delineated on a minor subdivision map prepared by Roderick Van Tuyl, P.C., as mapped May 2, 1973, from a survey made April 19, 1968. SUBJECT to a right of way ~long the westerly line of the premises herein described as same is delineated on a minor subdivision map prepared by Roderick Van Tuyl, P.C., as mapped May 2, 1973, from a survey made April 19, 1968. SUBJECT to a Declaration of Covenants and Restrictions dated June 2, 1973, as recorded in the Suffolk County Clerk's Office in Liber 7417, page 403, as amended by deed dated April 3, 1978, and recorded in Liber 8412, page 567. TOGETHER with a right of way over a Private Road as same runs from its terminus at the northwesterly line of the above described right of way to South Harbor Road, a public highway. On the ~-2~ day of ~v*£~-*(/--19 before me personally came to me known to be the individual described in and who executed the foregoing instrument, end acknowledged that k~,~, executed STATE OF NEW YORK, COUNTY OF as: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the of , the corporation described in end which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, end that he signed h name thereto by like order. EQUITY ABSTRACT, INc. STATE OF NEW YORK, COUNTY OF On the day of personally came 19 , before m to me known to be the individual described in and executed the foregoing instrument, and acknowledge that executed the same. STATE OF NEW YORK, COUNTY OF / ~ On the day of 19 /before rn, personally came the subscribing witness to the foregoing instrument, wit whom I em personally acquainted, who, being by me dui sworn, did depose and say that he resides et No. ; that he knorr to be the indiviclu; described in end who executed the foregoing instrument that he, said subscribing witness, was p~'esent end la~ execute the same; and that he, said witnes~ et the same time subscribed h name as witness thereto J Bargain anh aLe ~."~ --:: , : "' ~ ~': ~ ."i '---' With Covenant Against Grentor'e Acts · n,,..o.: ' ~USS~ ~. CHARLES V. BLAKE and SANDRA GAIL BLAKE, his wife I,~'].IFE TITLE INSURANCE Company of New Yo~k SECTION BLOCK COUNTY OR TOWN U-']JFE TITLE INSURANCE RETURN BY MAIL TO gdson & Bruer, Esqs. Road Southold NY 11971 Zip No. TOGETHER with all rights, title and interest, if any, of the party of the first part in and to any streets and roads abutling the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate a~'d rights of the party of the first part in and to said premises. TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs of successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the esid premises have been incumbered in any way whatever, except as aforesaid. AND the path/of the first part. in compliance with Section t 3 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be spl~lied first for ;he pL~rpose of paying the cost of the improvem.nt and will al)ply the same first to the payment of the cost ~f the improvement before using any part of the total of the same for any other purpose. The Word'~arty'' sha'll be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the par'b/of the first part ha ~ deed the day and yea rfirst above written. IN PRESENCE OF: ~ Russell N. Fteun~ December 18, 1988 Mr. Charles V. Blake 695 Old Wood Path $outhhold, New York 11971 Mr. Gerard Goehringer Chairmant Southhcld Board of Main Road Southhold, New York 11971 Appeals Mr. Goehringer: As per discussions with Linda Kowals~i, I would like to make note re: my variance for approval of access (280-A) to my residence~ 695 Old Wood Path. I am pleased to see that the board has acted favorably in granting an accems to and from my residence. The remaining footage of Old Wood Path im substantially wider and harder than ar~y ot~er mection of the road. Because of these favorable conditions regarding the current status of the road, I would ask the board to waive amy additional road improvements, and grant ~y C.O. for accemm to and from my home. Thank you ~or considering my appeal. decision. Please advise me as to your Sincerely, Charles V. Blake clog . _ ;T. EST NOLE 'X - j t \ \ ('\ -.,, '~// \ \ \ '%, 4.o t;