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HomeMy WebLinkAbout3294~econic~ ~ f ~ROYAN0~ ?~R J. &~ARGARE~ S. #5294 Road access ~ILED: 9/20/8~ South°Id Town B ard A eals MAIN I~DAD- STATE I~OAD 25 SOUTHE)LD. L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3294 Application ~ated September 20, ]984 TO: Richard F. Lark, Esq. as Attorney for PETER J. AND MARGARET S.' TROYANO Main Road - Box 973 Cutchogue, NY 11935 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on March 28, 1985, the above appeal was considered, and the action indica-~a--below was taken on your IX] 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 for-PETER J. AND MARGARET TROYANO, c/o-R.F. Lark, Esq., Main Road, 'Cutchogue, NY 11935 for a yfri-~-h-~ N~w York Town. Law, Section 280-a for approval o~ a~cess over a private r3ght-of-way lo- cated on the north ~ide of C,R. 48, Peconic ~along land now or formerly McGunnigle) to premises known and~identified as District 1000, ~ectiop. 73, Block 4, Lot 4 ...... _ _ 1985, Appeal WHEREAS, a public hearing, was held and cohcluded on February 14, concerning the_Matter of PETER J. AND MARGARET S. TROYANO under No. 3294; and WHEREAS, the board has considered all testimony and documentation entered into the record during the public.hearing, in behalf and in opposition to this application; and WHEREAS, the board members have personally viewed and are familiar with the right-of-way and premises 5n questioo,.as well as its surround- ing area; and WHEREAS, the board made the following findings of fact: I. The property in question i~ located in an "A" Residential and Agricultural Zoning District, is situate along a private right-of-way which extends approximately 4,238.45 feet from the northerly side of Middle Road (C.R. 48), at Peconic, and is more. particularly identified on the Suffolk County Tax Maps as District 1000, Section 73, Block 4, Lot 4and is 2. The subject premises contains as a whole 4.3475 acres with 290.10' frontage along a westerly extension of the right-of-way in question; the premises has received conditional approval from the Southold Town Planning Board for a set-off division of land, Lot l of an area of 106,000 sq. ft. and frontage of 100 feet, and Lot 2 of an area of 85,000 sq. ft. and frontage of 139 feet. 3. By this application, appellants as required.by New York Town Law, Section lots #1, which is presently improved with request approval of access 280-a, apparently for both one, one-family dwelling with (CONTINUED ON PAGE TWOk DATED: April 3, 1985. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3294 Matter of PETER J. AND MARGARET S. TROYANO Decision Rendered March 28, 1985 attached garage, and #2, which is presently vacant except for a small frame storage-type shed situated below the bluff area. 4. It appears from the testimony received that if improvements were required by this board which would el.evate the road, further flooding onto neighboring lands would be created. 5. Road Report No. 408 confirms a traveled width of the right-of-way to vary from II to 15 feet, and that the road is well- stabilized with sand, gravel and loam throughout most of the right-of-way. There are however a few flooding areas due to the left side sloping down and a few depressions. Raising the road at the highest existing eleva- tions would cause additional flooding onto neighboring lands. 6. Subsequent inspections have been made by the board members and it is their opinion that the most feasible way to help eliminate flooding and icing of the right-of-way would be to re-grade, and add bank- run, to an average height of the natural contour of both sides, and as otherwise noted below. In considering this application, the board determines that the variance be granted as noted below since: (a) this right-of-way appears to be the only principal ingress and egress to the appellants' property and property presently of Reichman; (b) this right-of-way has been used by appellants since 1956, and the location of same has been settled by an Agreement dated March 10, 1983, filed under Suffolk County Supreme Court Index No. 81-22565; (c) the relief requested is not substantial~ (d) there will be no substantial change in the character of the neighborhood or substantial detri- ment to adjoining properties if the variance is granted as conditionally noted below; (e) the circumstances of the appeal are unique and there is no other method feasible for appellants to pursue other ~han a variance; (f) in view of the manner in which the difficulty arose, justice will be served by allowing the variance, as indicated below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Grigonis, it was RESOLVED, to grant approval of access applied for under Appeal No. 3294 in the Matter of PETER J. AND MARGARET S. TROYANO over the private right-of-way located on the North Side of C.R. 48 at Peconic to both lots known and identified as District 1000, Section 73, Block 4, Lot 4, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the entire right'of-way be re-graded for a width of 15 feet extending from its beginning at the north side of C.R. 48 to the lots in question, and further improved as follows: (a) For the first 245.13 feet of existing bluestone, depressions to be patched; (b) For the next 354.87 feet, the right-of-way be brought up to the average height of the natural contours along both sides of the right-of-way with bankrun; (c) For the next 1856.98 feet, regrade and patch depressions with bankrun; (d) For the next 550± feet~ up to the average height of the natural the right-of-way with bankrun; the right-of-way be brought contours along both sides of Page $ - Appeal No. 3294 Matter of PETER J. AND MARGARET S. TROYANO Decision Rendered March 28, 1985 (e) For the next 1500± feet, raise to peak elevation of pipe with bankrun and regrade; (f) For the next 700± feet running northerly, and 2'64 feet running in a westerly direction, fill depressions and potholes with bankrun and regrade where necessary; 2. COnstant maintenance of the entire right-of-way; 3. All improvements to be made within the legal boundaries of the subject right-of-way; 4. Final acceptance to be made in writing by the Board of Appeals, of the above conditions and improvements; or~ if made by the Building Inspector, a copy of his written report/acceptance to be submitted to the Board of Appeals. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. lk 'GERARD P. ~RINGER, CR-AIRMA~ April 3, 1985 NOTICE IS HEREBY GIVEN~ pursuant to Section 267 of the Town Law and the Provisions of 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 Hall, Main Road, Southold, New York at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, FEBRUARY 14,. 1985: 7:30 pom. Application for PETER J. AND MARGARET S. TROYANO, c/o R.Fo Lark, Esq. Main Road, Cutchogue, NY 11935 for a Variance to New York Town Law, Section 280-a for approval of access over a private right-of-way located on the north side of C.R. 48, Peconic (along lan~ now or formerly McGunnigle) to premises known and identified as District 1000, Section 73, Block 4, Lot 4., 7:40 p.m. Application of JOSEPH AND PATRICtA STIEFER, 6760 Sound Avenue~ Mattituck, NY for a Variance te the Zoning Ordinance, Article III, Section 100-32 for permission: (a) to build accessory horse barn in the frontyard alrea and (b) to erect fencing exceeding four-feet in height iln the frontyard area~ premises known as 6760 Sound Avenue, Malttituck~ NY; District 1000, Section 121, Block 04~ Lot 08. 7:45 p.m. Application for THOMAS PERILLO, c/o Rudolph H. Bruer: Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area and width of parcels in this proposed division of land located at Silkworth Road and Home Pike~ Mattituck, NY; District 1000, Section 114, Block 1, Lot 7. 7:50 p.m. Application for ANTHONY PAGOTO~ c/o Swim King Pools, Route 25A, Rocky Point, NY 11778, for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate inground pool in an area other than the re§uired rearyard, at Bayberry ~oad, Nassau Point~ Cutchogue, NY~ District 1000, Section ltl, Block 15, Lot 1.6 (part of 1.3). 7:55 p.m, Application for ESTATE OF LOUISE WILSON, c/o Nickham~ Wickham & Bressler, P~C.~ Main Road~ Mattituck, NY for a Variance to the Zoning Ordinance, A~ticle II!, Section 100-31 and a Variance to New York Town Law, Section 280-a for approval of access over a proposed p~ivate right=of-way to be located on the north side of Main Road~ Mattituck, NY; premises identified as District 1000, Section 122, Block 6, Lot 19. Page 2 - Legal Notice of Hearings Regular Meeting of THURSDA¥~ FEB~ 1__4,198~5 Southold Town Board of A~peals 8:05 p.m~ Application of CUTCHOGUE FREE LIBRARY, 27550 Main Road, Cutchogue, NY for a Variance to the Zoning Ordinances Article III, Section 100430(B), 100-3t, and 100-t19, for permis~ sion to construct library addition leaving an insufficient rearyard setback at premises known as 27550 Main Road, Cutchogue~ ~Y~ District 1000, Section !09, Block 06, part of Lots t and 2. Road, Article Iii, Section 100-30(B)[4] for permission library use for an addition.~pnoposed at premises Main Road~ Cutchogue~ NY~ District 1000~ Section part of Lots I and 2. 8:10 p.m. Application of CUTCHOGUE FREE LIBRAR¥~ 27550 Main Cutchogue, NY for a Special Exception to the Zoning Ordinance, to establish known as 27550 109, Block 06~ The Board of Appeals will at said time and place hear ail persons having interests or concerns of the above matter. Written comments may also be submitted prior to or during the subject hearing. Dated: January 24, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF A??EALS GERARD P. GOEHR~NGER CHAIRMAN By Linde F. Kowalski, Secretary (516) 765-1809 (alt~ 1802) instructions to newspapers: PteaseZ~publish once~ to wit: THURSDAY, JANUARY 24~ 1985~ and forwar~ seven affidavits of pu-6T~cation to: B6ard of Appeals, Main R~ad, Southotd, NY !197!. Thank you. TOWN OF $OUTHOLD, NEW YORK APPEAL ZN ACCORDANCE WITH RESOLUTION OF THE SOUTHOLD TOWN PLANNING BOARD APPEAL NO. ~c~,~/~ DATE ....S.~p,.t..e....m~....e..r... 18, 1984 TO THEZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N.Y. Peter J. J. Troyano and (We) ~g~..~...Tr~-q~ ................... of..~gq~P~r~..~QQ.~..,Q~.~ ....................... Name ~ AppeJla~ Street~nd Number ........... ~P~ ............................................................ qP~...Q~.Q....,HEREBY APPEAL TO Municipoli~ S~te THE ZONING BOARD OF APPEALS IN ACCORDANCE WITH T_~E RE-SOLUTION .OF THE SOUTHOLD TOWN PLANNING BOARD DATED July 30, 1984 APPLICATION FOR SET-OFF OF PARCEL DATED FEBRUARY 15,-1984 [~qEt~EBY T~ PLANNING BOARD OF THE TOWN OF SOUTHOLD GRANTED AN APPLICATION FOR A SET-OFF TO ~ .e..t.. ,e.r.,, ..J..:, ..,J..:...,T...r..o.y.,a. ~Q...~....~..gD.~ .~.~ ,. $.~ Troyano Name of Applicant for permit of ,,s.. ,o.u, :....,S..o., ,u.,t. ' Street and N amber Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) SU53ECT TO APPROVAL OF EXISTING ACCESS PURSUANT TO NEW YORK STATE TOWN LAW, SECTION 280-a (3) Private Road running ~ortn ~ro,m, 1. LOCATION OF THE PROPERTY C=u~t~.3~aad..48.,..~eno~.,..N~ ........ ..A.'.'..~,.e.$..~..~..e..n..t..i..a_t....&....A. gricultural Street Use District on Zoning Map Suffolk County Tax Map No. 1000-73-4-4 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.) State of New York Town Law ~280-a(3) 3 TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordin.ance or Zoning Mop (X) A VARIANCE due to tack of access ~State of New York Town Law Chap. 62 Cons. Laws Art 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A Drevious appeal (Di~ (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 (x) A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ) requested for the reason that Petitioners have applied to the Planning ~oard of the To~n of Southold by application dated February 15, 1984, for a set-off of a lot on their property containing 85,000 square feet. The Planning Board on July 30, 198~, approved the set-off of the lot subject to the Board of Appeals approving the existing access road used to their property pursuant to New York State Town Law, Section 280-a(3). A copy of the Resolution of the Southold Town Planning Board dated July 30, 1984, is Form zB! (Continue on other side} attached hereto as Exhibit A. REASON FOR APPEAL Continued TOWN LAW 1, STRICT APPLICATION OF THE LIDX~ would produce practical difficulties or unneces- sar. HARDSHIP becau~ since 1956 Petitioners have been using this right-of-way for access to their property. Petitioners purchased their property zn 1956 along Long Island Sound and improved the property with attractive landscaping and a one-family house. Petitioners' property is 4r250! feet northerly of the Middle Road (County Road 48) and access to the property is along a right-of-way which originally was created by the former owners of the property, Stephen and Helen Sledjeski. This right-of-way has pro- vided the principal ingress and egress to the property of your Petitioners as well as that of Stelta Reichman since 1956. In addition~ the right-of- way provides suitable access to Thomas McGunnigle to reach the northerly portions of his farm. The right-of-way varies from 20 to 15 feet in widthr and the readbed is in good conditionr having recently been refurbished. Rescue vehic!es~ fire trucks, ambulances, police cars, and emergency vehicles will have no difficulty in using this right-of-way for gaining access tc Petitioners~ property. The Petitioners' are desirous of setting off a let fram their property; however, the Planning Board of the Town of Southold requires the Board of Appeals approval for access prior to granting the final approval. A legal description of the right-of-way is attached hereto as Exhibit B.. The survey prepared by Young & Young dated November 28~ 1953~ depicting the ~ight-of-way and Petitioners~ property is attache~ as E~faibitC~ 2 The hardship c-eared is UNIQUE and is not shored by e}[ properties alike in the immedicte vic,n,ty of this property aha i~ ~his use district because the right of way for whick Town Law, ~280-a(3) approval is being sought has been in existence since 1956~ and is a reasonable means of ingress and egress to Petitioners~ property° 3 The Variance would o~serve the spiri~ of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF. THE DISTRICT because the Petitioners' property and the parcel to the west o~ned by Stella Reichman are of residential character and the existing right-of-way passes through farmland owned by Thomas McGunnigle. Presently the right-of-way serves as access for both Petitioners and the Reichman parcel and the northerly portions of the McGunnigle farm. The granting of the ToQn Law, §280-a[3) approval will not appreciably increase vehicular traffic using this right-of-way because if Petitioners~ applica- tion is granted, only one additional residence will be built in the future. STATE OF NEW YORK ) COUNTY OF SUFFOLK ) .ss Sworn to this .... ~..t:..~. ......................... dov of ................. ?eter ~¥ ~r. ~ro~ano ..... ........ .............. Margaret S. Troyano ...... .$.~L%~ ~RR~..r. ....................... 1984 T©W~ owN~rt STREET VILLAGE DISTRICT SUB. FORMER OWNER N ACREAGE TYPE OF BUILDING LOT I SEAS. VL. FARM LAND IMP. TOTAL DATE z/'/O 0 AGE BUILDING CONDITION COMM. IND. CB. MISC. REMARKS NEW NORMAL BELOW ABOVE Tillabb I ' Tili6bie 2 TillabJe 3 Swampland .:. Brushlond House Pbt T~ " 5¢' ~ t. Southold Town Board of Appeals DAT· FROM: John W. Davis RE: ROAD REPORT - APP5%L NO. 329h - pETER AND .~ARfiARET ~ROYANO ON aS, ? co ic .- Noverber 12, 195h ~e existing road in the orivate R.O.W. varies in width from ll ft. to '13 ft., consists of well s~abilized sand, kravcl and loma throughout except fo~ ~Ze ~-','~t 250 ft. from C.R. 48 where it is surfaced wi~ 3/4" stone· ~ere are some minor potholes in ~e first 250 ft. and a few depressions in the sand and gravel length. '~ere are several low areas in ~e road up ~ ~e reverse curve t~t are subject to flea,ding f~m hea%7/ rai~all. ~is is due ~ ~he far, and on the left side sloping do%m ~ the ~ad where the adjacent !and onthe right side is higher than the road. ~isim~ ~,he road in the low areas would increase flooding In the far,and. '~e~e is substantial deP*h to the ~te~ in the road. Attached to this report is infor~tion found in test holes for !he leng~ of ~e road. ~ergency vehicles could p~bably drive t~ough flooded areas without difficulty~ if water depths were not more than 12"~ due ~ *he depth and stability of the road material. Rec om~enda tie r~': 1. Regrade existing read to fill in minor ootholes and depressiopm where necessary for a 12 ft. width except for the first 2~0 ft. 2. Place a compacted 3I' top course of 3/h" stone blend ihrou~hou~ to insure stability of $he road for all seasoft. · · ~ NT ACCESS RbAD (THOYANO) Test Hole No. Road Width pepth of ?~.terial 1 11 ft. 10"+ sand & gravel 2 12 ft. 6" + sand, gravel & loam 3 12 ft. 7" * sand, gravel & loam 4 12 ft. 9" sand & gravel 5 12 ft. 9" sand & gravel 6 12 ft. 10"+ sand& gravel 7 11 ft. 10" sand & loam 8 12 ft. 12"+ sand, gravel & loam 8 holes between ~beling propsrty ,and reverse curve. Firs t 9 13 ft. 10 13 ft. 11 11 ft. 12 12 ft. 13 12 ft. 14 ~ %"oyano Drive 12 f't. 15 $ Reichman Drive 11 ft. 16 (in first 250 ft.) !0 ft. 12I'+ sand & gravel 12"4 sand & gravel 13"+ sand & gravel 9"'~ sand, gravel & loam 9"* sand & gravel 8" sand & gravel 9" send & gravel 6"* e~-~nd & gravel 3/4" stone 5ur/:oc~ After a depth indicates same material continues. Southold Town Board of Appeals MAIN RrlAD- ~TATE 1~JAD ~5 SnLITHOLD, L.I., N.Y. 11g71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGON IS, JR. $ . 'Fl. o Q . R . a . SERGE DOYEN, JR. ROBERT.I. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION ,IOSEPH H. SAWlCKI Notice of Determination of Non-Significance APPEAL NO.: 3294 PROJECT NAME: PETER J. AND MARGARET S. TROYANO 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 simil&r project. TYPE OF ACTION: DESCRIPTION OF ACTION: [X] Type ti [ ] Unlisted [ ] Approval of access over a private right- of-way located at the north side of C.R. 48, Peconic, NY. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: R-O-W off north side of C.R. 48, Peconic. 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 construction. (3) The premises to which this access is required has been approved by the Planning Board July 30, 1984.' FOR FURTHER INFORMATION, PLEASE CONTACT: Linda KowalsRi, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this .lotice sent to the applicant or his agent and posted on the Town Clerk Bt,'letin Board. " 73 - OI' PF~F~ PA t~ ED ff'OF~ :'ffAklO ~, MA~diAiq'B-T ~. T~O"fANIO ~ARGAt~ET $.~ TROYANO DATE : SEPT SCALE: I"# ro THIS F THE t YOL-Nc..., .,v~..~,,o~°° OS~'R,,.OE",,VE.UE NEW YORK fOFESSIONAL ENGINEER RN~S. LICENSENo. 12845 LAND suRvEYOR ;$893 -., ~'IT'- RECE;VED 8Y JAkJ. 2O, 1'~84- M1MO~ ~U~,, '_7,, Ot~, 01oll '~ RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD - P, O. BOX 9?3 December 21, 1984 Southold Town Board of Appeals 53095 Main Road - Town Hall Southold, New York 11971 ATT: Gerard P. Goehringer, Chairman RE: Peter J. J. Troyano and Margaret S. Troyano - Appeal No. 3294 Dear Mr. Goehringer: Pursuant to the request in your letter of October 29, 1984, concerning the above-captioned matter, I am enclosing my affi- davit which I believes answers the matters raised in your letter. I have read the report of John W. Davis dated November 12, 1984, and although I do not dispute its findings, I find his recommendations a little excessive considering this right-of-way has existed for approximately 27 years and emergency vehicles have used the right-of-way to reach the Troyano and Reichman residences. The farmer, Thomas McGunnigle also uses the right-of-way for access to his fields for his farm vehicles. It should be noted Mr. McGunnicle only owns the agricultural rights to his farm as the development rights were sold to Suffolk County several years ago; therefore, the farm will not be developed. The Troyano application only allows one more residence to be able to use the right-of-way. The point being is I believe the minor subdivision standards should be relaxed in this appli- cation since it is an established, pre-existing driveway. RFL:bc Enclosure cc: Peter J. J. Troyano .¸% BOARD OF APPEALS : TOWN OF SOUTHOLD In the Matter of the Petition of : PETER J. J. TROYANO and MARGARET S. TROYANO, : to the Board of Appeals of the Town: of Southold. STATE OF NEW YORK: COUNTY OF SUFFOLK: RICHARD F. LARK, 1. Courts Cutchogue, Peter J. J. SS.: being duly sworn, ATTORNEY'S AFFIDAVIT Appeal No. 3294 deposes and says: I am an attorney at law admitted to practice before the of the State of New York with offices at Main Road, New York. I am the attorney for the Petitioners, Troyano and Margaret S. Troyano, hereinafter referred to as "Troyano", and am familiar with their application to the Board of Appeals of the Town of Southold for a variance pursuant to Section 280-a(3) of the Town Law. 2. "Troyano" has heretofore applied to the Planning Board of the Town of Southold for a set-off of a lot on their property, and said set-off was approved by the Planning Board of the Town of Southold on July 30, 1984, subject to "Troyano" obtaining from the Board of Appeals of the Town of Southold a variance pursuant to Section 280-a(3) of the Town Law. 3. "Troyano" has been the owner of land at Peconic, Town of Southold, New York, more particularly described in Exhibit A attached hereto since February 23, 1956. 4. In recent years there was a dispute with the neighboring landowners over the exact location of the right-of-way described in the deeds conveying the "Troyanos" their property as well as who had a right to use same. On October 27, 1981, "Troyano" and Henry Reichman and Stella Reichman commenced an action in the Supreme Court, County of Suffolk, State of New York to determine the exact location of this right-of-way and their rights therein. This lawsuit was settled by a Settlement Agreement among the parties dated March 10, 1983, which agreement was recorded in the Suffolk County Clerk's Office on August 13, 1984 in Liber 9619 page 390. By the terms of this Settlement Agreement, the right- of-way was relocated and its exact metes and bounds were estab- lished as well as the rights of the parties over the right-of-way. 5. The right-of-way was surveyed by Young & Young and is shown on a survey dated January 11, 1983, which was amended on November 28, 1983 and is attached to the Settlement Agreement. A copy of the recorded Settlement Agreement is attached hereto as Exhibit B. 6. In 1983 and 1984 the right-of-way was staked by the surveyor, Howard W. Young and was regraded and improved by Latham Sand & Gravel, Inc., Orient, New York, to its present condition. The travelled driveway used by motor vehicles is within the lines of the 15 foot in width right-of-way as shown on the survey for Peter J. J. Troyano, Margaret S. Troyano, Henry Reichman and Stella Reichman dated January 11, 1983, amended November 28, 1983.! 7. Attached hereto as Exhibit C and Exhibit D are two additional copies of the aforesaid survey. 8. This affidavit is made at the request of the Board of I -2- Appeals' letter dated October 29, of the application of "Troyano" da~ September~8, ~Richard 1~. L~rk 1984, and is made in support 1984. Sworn to before me this 20th day of December, 1984. BABETTE CORNINE NOTARY pUnLIC, Slczte ,of New York -3- ALL that certain plot, pie~e or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Peoonic, Town of Bouthold, County of Suffolk and Stat,? of New York· more partXoulerly bounded and described as follow:~: %. .. o.f.~.,u,~_,z~ running ~iong lana UOW or former v of along lan.~ of Leo Melissaris,,~he.followtng three ~ourses and distanoes. (1) North 49' 02 50 West 49 2' 50" West 50 feet · , .3.70_ re?t;_ (2) North 4 les ; (3) Nort.~ .54 _13 30 We~t 7U ~eet· ~Ore or ._ ?t? th? me~.. high wa~er maz~ of Long Island ~ound; thence Re:l. chman, South 4 ' ~ · O~g land of ~ ......... 9 2 .50 E~st a dis~amce of 940 feet. more ~=~ uo ~ne poln~ or p~a~e of B~ZNNZ~G. ' -- TOGETHER with a right of way 16-1/2 feet in width 1~ with other users, over lanw ~ ~- -.-~4 ........ ' n ~e south~s~rl~ ~ .... ~ ~_--.- ~ or.~ zlrlt ~rt from -----=~ ~n~ ~r~y o~r said l~d Of ~d par~y o~r sa~d l~d of ~e parties of ~e f~zst part, ~s~rly ~ ~rth ~ad, ~ ~nter].l~ne of ~e last ~sorl~d t~on of. said right of way ~g ~e ~da~ l~e ~t~en saia of ~ma~eski ~d said l~d of ~ parties of ~e f~rst THE above described parool Of land being alld 'intended to be the land conveyed to Peter J. j. eroyano and Margaret S. ~'Oyano by deeds recorded in the Suffolk County Clerk's Office in T.ioer 4076 page 71, Liber 4168 p~ge 319 and Llber 4938 t~ge 361, ex- cepting the property conveyed to Benry Reio~an and atella t~ichman in deed dated August 17, 1959 I 0 0 0 074 0. o Lot SUPREME COURT : STATE OF NEW YORK COUNTY OF SUFFOLK PETER J. J. TROYANO, MARGARET S. : TROYANO, HENRY REICHMAN and STELLA REICHMAN, : SETTLEMENT AGREEMENT Plaintiffs, : INDEX NO. 81-22565 against : CALENDAR NO. 11242 THOMAS P. McGUNNIGLE, STEPHEN J. McGUNNIGLE, JOHN EBELING, BARBARA EBELING, LEO MELISSARIS, FLORENCE WICKS, COUNTY OF SUFFOLK, SOUTHERN NEW ENGLAND PRODUCTION CREDIT ASSOCIATION, SOUTHOLD SAVINGS BANK, and THE FEDERAL LAND BANK OF SPRINGFIELD, Defendants. THIS SETTLEMENT AGREEMENT is entered into pursuant to a Stipulation entered into in open court by the parties and their attorneys before the Hon. Robert W. Doyle on January 4, 1983, wherein the parties agreed to the items hereinafter set forth and further agreed to put said agreement in a form to be recorded in the Suffolk County Clerk's Office. NOW, THEREFORE, IT IS AGREED: 1. All parties have appeared and answered by their under- signed attorneys with the exception of defendant, Leo Melissaris, who has defaulted, as his time to answer has expired and has not been extended. 2. The above-captioned action is settled, the respective causes of action contained in the complaint, the answering counter-claims and cross-claims heretofore filed herein are withdrawn, and the action is ~iscontinued. as provided for herein. 4. The plaintiffs, at their own cost and expense, agree to provide a survey showing the relocation of a certain right-of-way which is the subject matter of this cause of action, and the defendant, Thomas P. McGunnigle, has agreed to contribute the sum of $200.00, the receipt of which is hereby acknowledged, toward the cost of this survey. The survey has in fact been completed by Howard W. Young, of Young & Young, dated January 11, 1983, which is attached and made a part hereof as Exhibit A. 5. The existing right-of-way leading from County Road 48 (formerly known as County Road 27 and Middle Road) where it presently traverses land of the defendant, Florence Wicks, in a northerly direction will be removed from land of defendant, Florence Wicks, so the easterly boundary of the aforementioned right-of-way will be the westerly property line of land of de- fendant, Florence Wicks, where it adjoins land of defendants, John Ebeling, Barbara Ebeling, Thomas P. McGunnigle, and Stephen J. McGunnigle. 6. The aforementioned right-of-way, where it crosses lands of defendants, John Ebeling and Barbara Ebeling, is of varying widths, as is shown on Exhibit A. The westerly boundary of said right-of-way where it crosses lands of defendants, John Ebeling and Barbara Ebeling, shall be fixed along the present location of a line of certain railroad ties, which railroad ties were placed in their present location by defendants, John Ebeling and Barbara Ebeling, and which said line has now been established by Howard --2-- W. Young.rof.~oung & Young, as shown on Exhibit' A .as running the following courses and distances: (1) North 42° 35' 32" West 89.29 feet; (2) North 40° 52' 39" West 77.29 feet; (3) North 43° 08' 43' West 71.56 feet. 7. The remaining portions of the right-of-way northerly of land of the defendants, John Ebeling and Barbara Ebeling, where it crosses lands of Thomas P. McGunnigle and Stephen J. McGunnigl~ shall be: 20 feet in width for a distance of 100 feet where it begins to narrow to a width of 15 feet on a course and distance of North 36° 28' 50" West 50.24 feet; and will remain 15 feet in width as it crosses land of defendants, Thomas P. McGunnigle and Stephen J. McGunnigle, to reach the properties of plaintiffs, Peter J. J. Troyano, Margaret S. Troyano, Henry Reichman and Stella Reichman, as shown on Exhibit A. 8. All expenses in connection with the physical relocation of the right-of-way from its present position to that as shown on Exhibit A, including road stabilization and resurfacing, will be paid by the plaintiffs, Peter J. J. Troyano, Margaret S. Troyano, Henry Reichman and Stella Reichman. Further, when the road stabilization and resurfacing of the right-of-way takes place on that portion where it crosses land of defendants, John Ebeling and Barbara Ebeling, the railroad ties delineating the westerly boundary line of this right-of-way will be depressed to a point where they extend to a height of three inches above the ground surface. All future maintenance expenses of the right-of- way as it crosses land of the defendants, John Ebeling and Barbara Ebeling, will be J.J. Troyano, Margaret S. shared equally by the plaintiffs, Peter Troyano, Henry Reichman and Stella --3-- Reichman, and defendants, Thomas P. McGunnigle and Stephen J. McGunnigle. 9. Where the right-of-way crosses property of defendants, Thomas P. McGunnigle and Stephen J. McGunnigle, the plaintiffs shall be responsible for all future road maintenance except the defendants, Thomas P. McGunnigle and Stephen J. McGunnigle, will repair any portions of the traveled surface of the right-of-way that are damaged due to the use of any of their farm machinery or equipment. 10. Plaintiffs, Peter J. J. Troyano, Margaret S. Troyano, Henry Reichman and Stella Reichman, and defendants, Thomas P. McGunnigle and Stephen J. McGunnigle, will have the right to cut and trim branches and remove diseased or dead trees on those por- tions of the right-of-way where it crosses land of defendants, John Ebeling and Barbara Ebeling, as may be necessary to enable them to utilize the right-of-way for vehicular traffic. Plain- tiffs, Peter J. J. Troyano, Margaret S. Troyano, Henry Reichman, and Stella Reichman, and defendants, Thomas P. McGunnigle and Stephen J. McGunnigle, agree not to otherwise cut, trim or remove any branches or trees without express written permission of de- fendants, John Ebeling and Barbara Ebeling. Defendants, John Ebeling and Barbara Ebeling will be given 30 days written notice of any intent to remove a diseased or dead tree. The aforesaid written permission of the defendants, John Ebeling and Barbara Ebeling, shall not be unreasonably withheld. 11. Defendants, Thomas P. McGunnigle and Stephen J. McGunnigle, in exchange for the sum of $650.00 Florence Wicks, the receipt of which is hereby --4-- from defendant, acknowledged, agree to relinquish any and all claims or rights heretofore claimed over land of defendant, Florence Wicks. Defendants, Thomas P. McGunnigle and Stephen J. McGunnigle, shall have the right to use the right-of-way as relocated over their land and land of defendants, John Ebeling and Barbara Ebeling, for ve- hicular access to their property without any interference for the length of the right-of-way as shown on Exhibit A. 12. The plaintiffs, Peter J. J. Troyano and Margaret S. Troyano, hereby relinquish any and all claims to travel upon lands of defendants, Florence Wicks and Leo Melissaris, in order to ob- tain access to their property: as heretofore granted to them in deed from Stephen Sledjeski and Helen Sledjeski dated February 23, 1956, recorded February 27, 1956, in the Suffolk County Clerk's Office in Liber 4076 at page 71; deed from Stephen Sledjeski and Helen Sledjeski dated July 2, 1956, recorded August 27, 1956, in the Suffolk County Clerk's Office in Liber 4168 at page 319; deed from Stephen Sledjeski and Helen Sledjeski dated August 17, 1959, and recorded on January 23, 1961, in the Suffolk County Clerk's Office in Liber 4938 at page 361; and all rights as adverse users thereof. Plaintiffs, Peter J.J. Troyano and Margaret S. Troyano agree to the relocation of the right-of-way and will have the right to pass and repass without interference for ingress and egress to their property to and from County Road 48 over said right-of-way all as shown on Exhibit A. 13. The plaintiff, Henry Reichman and Stella Reichman, hereby relinquish any and all claims to travel upon land of de- fendants, Florence Wicks and Leo Melissaris, in order to obtain access to their property: as heretofore granted to them in deed from Stephen Sledjeski and Helen Sledjeski dated February 8, 1956 and recorded on February 10, 1956, in the Suffolk County Clerk's Office in Liber 4068 at page 491; and deed from Peter J. J. Troyano and Margaret S. Troyano dated August 17, 1959, and re- corded on January 23, 1961, in the Suffolk County Clerk's Office in Liber 4938 at page 358; and all rights as adverse users thereof. Plaintiffs, Henry Reichman and Stella Reichman, agree to the relocation of the right-of-way and will have the right to pass and repass without interference for ingress and egress to their property to and from County Road 48 over said right-of-way all as shown on Exhibit A. 14. It is understood and agreed by all the parties that the rights of the County of Suffolk through the Farmlands Preservati( Program are not modified or affected in any way by this agreement, except for the rights of the parties hereto, their successors and assigns, to the use and maintenance, of the re]ocated right- of-way as shown on Exhibit A, and more fully described herein. All such other rights and privileges enjoyed by the County of Suffolk which now burden the property affected by this agreement shall re- main wholly unmodified. 15. Said right-of-way as relocated and shown on Exhibit A is more particularly described as follows: BEGINNING at a monument on the northwesterly side of County Road 48 (formerly known as County Road 27 and Middle Roadl, where the same is intersected by the southwesterly line of land of Florence Wicks (for- merly of Bronislaw Domaleski) and the northeasterly line of land of John and Barbara Ebeling; from said point of beginning running thence along the north- westerly side of County Road 48 (formerly known as -6- County Road 27 and Middle Road) South 68° 57' 00" West a distance of 19.51- feet; running thence through lands of John Ebeling and Barbara Ebeling the following three courses and distances: (1) North 42° 35' 32" West 89.29 feet; (2) North 40° 52' 39" West, 77.29 feet; and (3) North 43~ 08' 43" West, 71.56 feet to land of Thomas P. McGunnigle and Stephen J. McGunnigle; thence along land of John Ebeling and Barbara Ebeling, South 47° 48' 30" West a distance of 1.76 feet; running thence through lands of Thomas P. McGunnigle and Stephen J. McGunnigle the fol- lowing thirteen (13) courses and distances: (1) North 42~ 11' 30" West a distance of 100.00 feet; (2) North 36° 28' 50" West a distance of 50.24 feet; (3) North 42° 11' 30" West a distance of 204.42 feet; (4) North 45~ 37' 40" West a dis- tance of 440.09 feet; (5) North 51° 17' 10" West a distance of 1,415.12 feet; (6) North 50° 03' 10" West a distance of 287.63 feet; (7) Westerly along the arc.of a curve having a radius of 50.00 feet, and bearing to the left, a dis- tance of 52.36 feet; (8) South 69~ 56' 50" West a distance of 83.89 feet; (9) Westerly along the arc of a curve having a radius of 65.00 feet and bearing to the right, a distance of 67.77 feet; (10) North 50" 18' 40" West a distance of 1,208.14 feet; (11) North 49" 02' 50" West a distance of 80.46 feet; (12) Westerly along the arc of a curve having a radius of 50.00 feet and bearing to the left, a distance of 82.03 feet; (13) South 36" 57' 10" West a distance of 294.75 feet to the northeasterly line of land now or formerly of Stepan Minakyan and others (formerly Clarence F. Diller); running thence North 49° 02' 50" West along the last mentioned land, a distance of 15.04 feet to the land of Henry Reichman and Stella Reichman; running thence along land of Henry Reichman, Stella Reichman, Peter J. J. Troyano, and Margaret S. Troyano, North 36~ 57' 10" East a distance of 363.41 feet to the land of Leo Melissaris; running thence along the land of Leo Melissaris, South 49~ 02' 50" East a distance of 150.00 feet to lands of Thomas P. McGunnigle and Stephen J. McGunnigle; running thence through the lands of Thomas P. McGunnigle and Stephen J. McGunnigle, the following four courses and dis- tances: (1) South 50° 18' 40" East a distance of 1,207.98 feet; (2) Easterly along the arc of a curve having a radius of 50.00 bearing to the -7- left a distance of 52.13 feet; (3) North 69° 56' 50" East a distance of 83.89 feet; (4) Easterly along the arc of a curve having a radius of 65.00 feet bearing to the right a distance of 68.07 feet to the southwesterly line of land now or formerly of Florence Wicks (formerly Bronislaw Domaleski); thence along said land of Florence Wicks the fol- lowing four courses and distances: (1) South 50° 03' 10" East a distance of 287.47 feet; (2) South 51° 17' 10" East a distance of 1,415.70 feet; (3) South 45° 37' 40" East a distance of 441.28 feet; (4) South 42° 11' 30" East a distance of 354.87 feet to a point where the northerly corner of land of John and Barbara Ebeling intersects with the westerly line of land of Florence Wicks, running thence along the property line of Florence Wicks and John and Barbara Ebeling, South 42° 11' 30" East a distance of 245.13 feet to the afore- mentioned monument on the northwesterly side of County Road 48 at the point or place of BEGINNING. 16. This Settlement Agreement binds all the heirs, executors~ administrators, successors and assigns of each of the parties hereto. IN WITNESS WHEREOF, the parties and their attorneys have set their hands and seals to this Settlement Agreement. Dated: March 10, 1983 RICHARD F. LARK, ESQ. Attorney for Plaintiffs 28785 Main Road-P.O. Box 973 Cutchogue, New York 11935 (516) 734-6807 L~n~rd ~ilzer, Esq,~_~r TOOKER & SMITH, ESQS. Attorneys for Defendants, John Ebeling and Barbara Ebeling 1380 Roanoke Avenue-P.O.Box 839 Riverhead, New York 11901 (516) 727-3277 -8- wen McBride, Esq. for GEHRIG, RITTER, COFFEY, McHALE & McBRIDE, ESQS. Attorneys for Defendant, Florence Wicks 275 Broad Hollow Road Melville, New York 11747 (516) 454-6700 Earl T. Miles EARL T. MILES, ESQ. Attorney for Defendants, Southern New England Pro- duction Credit Association and The Federal Land Bank of Springfield 120 Court Street-P.O. Box 961 Riverhead, New York 11901 (516) 727-8010 r grt yano . 42 Sod.~hport Woods Dr~.ve Southport, Connecticut 06490 Marg~et S2 Troya~6 42 Southport Wood~ Drive Southport, Connecticut 06490 ~Thbmas ~ Mc~6nnigl~ (No 9) Middle Roa~/ Cutchgue, New York 11935 20 Alexander Avenue Avoca, New York 14809 Roy S. E%r~gotta, Esq. for MARTIN ASHARE, ESQ. Suffolk County AtLorney for Defendant, County of Suffolk H. Lee Dennison Building (No #) Veterans Memorial Highway Hauppauge, New York 11727 (516~360-40~9. ~! ~lph ~ Brue~r, Es~. for EDSON & BRUER, ESQS. Attorney for Defendant, Southold Savings Bank 53795 Main Road Southold, New York 11971 (516) 765-1222 Henry Reichman 36 East 72nd Street New York, New York 10021 Stella Reichman 36 East 72nd Street New York, New York 10021 J ~h~ - Eba~l"i~ / 3p1~5 North Ro~d P~gOnic, New ~ork 11958 30145 North Road Peconic, New York 11958 -9- Florence Wicks (No #) North Road Peconic, New York 11958 SOUTHERN NEW ENGLAND PRODUCTION CREDIT ASSOCIATION 1281 Route 58 Riverhead, New York 11901 ~. CO. Atty. H. Lee Dennison Building (No #) Veterans Memorial Highway Hauppauge, New York 11787 SOUT~LQLD SAVI34GS BA~ Phili~ ~. Smith, Ass't Vice- President 54375 Main Road Southold, New York 11971 THE FEDERAL LAND BANK OF SPRINGFIELD Ja~s C. Chamber]aJr~. i~,~' Ag(~nt 67 Hunt Street Agawam, Massachusetts 01001 STATE OF NEW YORK: : ss.: COUNTY OF SUFFOLK: On the~7~day of ~/~F~, 1983, before me personally came RICHARD F. LARK, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. ~ / Notary Public BABLrrTE CORNINE NOTARY PUBLIC, Slate ef New Ye,k STATE OF NEW YORK: : ss.: ~uff~k ~unt¥ N0. $2.S7~2~ ~ ~ COUNTY OF SUFFOLK: ~mmis~ E~pi,el ~tlh $0. 19- On the /~day of ~FS. , 19~, before me personally came LEONARD PILZER, personally'known to me and to me known to be a member of the firm of TOOKER & SMITH, ESQS., and to me known to be the person described in and who executed the foreoing instru- ment in the firm name of TOOKER & SMITH, ESQS., and he acknow- ledged that he executed the same as the act and deed of said firm for the uses and purposes therein mentioned. -10- ~ Notary Public STATE OF NEW YORK: : SS.: COUNTY OF SUFFOLK: On the ~ day of ~,,t , 1983, before me personally came OWEN McBRIDE, personally known to me and to me known to be a member of the firm of GEHRIG, RITTER, COFFEY, McHALE & McBRIDE, ESQS., and to me known to be the person described in and who executed the foregoing instrument in the firm name of GEHRIG, RITTER, COFFEY, McHALE & McBRIDE, ESQS., and he acknowledged that he executed same as the act and deed of said firm for the uses and purposes therein mentioned. ~T~Y PUBLIC, S!~te ,t Ne~---~'~ No. 30.~ :':!~a ~ Notary Public STATE OF NEW YORK: : SS.: COUNTY OF SUFFOLK: On the ~ day of ~o~, 1983, before me personally came EARL T. MILES, to me know. to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. GAlL S. GOSS NOTARY PUBLIC, Stalo of I',lew No. 52- 6605 ? 20 Qualified in Suffolk Country Commission Expima March 80, STATE OF NEW YORK: : SS.: COUNTY OF SUFFOLK: Notary Public On the ~th day of /~ , 1983, before me personally came RUDOLPH H. BRUER, personally known to me and to me known to be a member of the firm of EDSON & BRUER, ESQS., and to me known to be the person described in and who executed the foregoing instru- ment in the firm name of EDSON & BRUER, ESQS., and he acknow- ledged that he executed same as the act and deed of said firm for the uses and purposes therein mention. ~LR~RA DIACHUN ~ ~.~-0 Nota~ P~#c, State of New ~ No. 52~6351~ SuffoIR Coun~ Notary Public J~mml~n Ex,res M~h ~, 19 ~ -11 - STATE OF NEW YORK: COUNTY OF SUFFOLK: On the ~' day of ~, 1984, before me personally came ROY S. DRAGOTTA, to beknow~, who, being by me duly sworn, did depose and say: that he resides at 46 Route 25A, Setauket, New York ; that he is the Assistant County Attorney of the County of Suffolk, the municipal corporation described in and which executed the foregoing instrument; that he knows the seal of said municipal corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by virtue of the authority of the Suffolk County Legislature, and that he signed his name thereto by virtue of his office, to wit: Assistant County Attorne~.j STATE OF C ............ . '~ ~ COUNTY OF ~ : ~' On the ~%-l~day of~, 1983, ~ Vp~/~Ll~ u NOTARY pUBLIC, STATE OF NEW YORK NO. 52-3466234 Quafilied In Sufloik Count~.~' Commissien Expires March 30, before me personally came ~TER J. J. TROYANO and MARGARET S. TROYANO, to me known to be ~.the ~n~ividuals described in and who executed the foregoing ins~-~*~ent, and acknowledged that they executed the same. ~Notary Public S~ATE OF NEW YORK : COUNTY OF NEW YORK: On the I~day of ~', 1983, before me personally came HENRY REICHMAN and STELLA REICHMAN, to me known to be the indivi- duals described in and who executed the foregoing instrument, and acknow%edged that they executed the same. - ILL~/s Notary Public STATE OF NEW YORK: : SS.: COUNTY OF SUFFOLK: On the~F~day of~/~K~; 1983, before me personally came THOMAS P. McGUNNIGLE, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. -12 - Notary Public BABETTE CORNINE NOTARY PUBLIC, State o; New Yod~ $~.qf~lk Cou~,ty N:~, 52-5792800 C~mmi$$1o. Expbes Ma~¢h 30, STATE OF NEW YORK: COUNTY OF STEUBEN: On the /~Z~day of~ 1983, before me personally came STEPHEN J. McGUNNIGLE, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. ~,~,~ _ A ,/ Notary Public F/OR£NCE E. SfHOONOV[~ STATE OF NEW YORK: .OI^Ry POSLI( i, ih, St~l~ ol New (~siding in ~euben County No. 5! 884~915 COUNTY OF SUFFOLK: On the / ay of ~-, 198~, before me personally came JOHN EBELING and BARBARA EBELING, to me known to be the indivi- duals described in and who executed the foregoing instrument, and acknowledged~M~L~0k~RD~li~. Smt.KLzERthato! N.Y. they executed /-x~thejme .c~o~ n~ 0Ma~ E~ S:z~. ~0. Ho- 5'''4~0~ ~ 'Notary Public C, ofl~ Expiro~ ~m.m~ ~ 1~ STATE OF NEW YORK: : COUNTY OF SUFFOLK: ss.: On the ~ day of ~pr.I , 1983, before me personally came FLORENCE WICKS, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. NOTA.qY PUBUC, Stm~ o~ New Y~ ~ 30-470')'388 Oullffied in Suffolk County ~- Commlllion F. xptr# M~rch :X), STATE OF NEW YORK: COUNTY OF SUFFOLK: ~N~ / ~/~'</,,,.,~ otary pUrbl ic On the 64~ day of ~, 1983, before me personally came PHILIP D. SMITH, to me known, who, being by me duly sworn, did depose and say that he resides at Track Avenue, Cutchogue, New York; that he is Assistant Vice President of SOUTHOLD SAVINGS BANK, the corporation described in and which executed the fore- going instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is said corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed his name thereto be like order. BAR~ARA DIACH~ N~&W Publ~ State of New ~ Comndsslon~r~ M~ Notary Public -13- STATE OF NEW YORK: : ss.: COUNTY OF SUFFOLK: On the day of _o~,, 1983, before me personally came BLANE ALLEN, to me known, who, being by me duly sworn, did depose and say that he resides at 13-16 Pond Nay, Hanorville, ~]ew York 11949 ; that he is the Assistant Secretary/ Treasurer of Southern New England Production Credit Association; the corporation described in and 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 corpora. ti°n' and that he signed his name the~.~Y ii~or'GAIL&GOSS NOTARY ~BLIC, S~ate oF N~ Yoek No. 52-6~$920 . . . Q~lifi~inSuf~lkC~nty Notary Public STATE OF ~W Y~R~: CONNECTICUT: SS.: COUNTY OF ~UFF~L~: ' HARTFORD On the 2% day of ~%~'( , 1983, before me personally came James G. Chamberlain to me known, and known to me to be the agent of THE FEDERAL LAND BANK OF SPRINGFIELD, the corporation describe( in and which executed the foregoing instrument, and the said James G. Cha~%erlaln, being by me duly sworn did depose and say that ne resides at 387 Great Swamp Rd., Glastonbury, Connecticut ; that he is the duly authorized Agent of THE FEDERAL LAND BANK OF SPRINGFIELD, the corporation described in and which executed the foregoing instrument; that he knew the seal of said corporation; that the seal imprinted on said instrument was said corporate seal; that it was so sealed by orde] of the Board of Directors of said corporation and that he signed his name thereto by like order and that said instrument was exe- cuted by him as the free act and deed of said corporation. KKXXX Notary Public M~ C, ommissia,] ........... e ..... - ~x ~x~ ~ x~x~X~x ~Nx ~x ~%m~Nxm~mx~ x~X~ ~ x~×~x x~x ~xx~_ ~ ~m~×~x -14 - ? I I I /. / / / 'X PEter ×/ // now or formerly Henry now or formerly Moud Cabot M $. 50 °~0'~0 ~~. $$0'~ now or formerly Leo Melissori$ or formerly Margaret S, Troyono 5 50~ 5 50°18'' 50018, ./la Reichrnon / ,/ now or formerly ~Ctepan M/no, formerly Clarence F Dill fa~'m~rly ~rm~M~w Oomole$ki $. 50°05?0 now or formerly Thomas P. McGunnigle formerly Y ~ C. Holdm9 Corp. formerly Stephen ~ Helen Sledjesk/ ~n et al NOTE · -- MONUMENT 0 = PIPE -17- SUBVffY FOR PETER d. d. Tt~OYANO ~ MARGAHET S Tt?OYAIVO HENRY BEICHMAN ~ STEI_I_A HEICHMAN AT PECONIC SUFFOI N COUNTY, NEW YOt~K SCAI. E' I ""100' dAN. II, 1985 ~ .. NOV. ~8, 19~$ HOWABD Vt YOUNG~ I~S. ~.$. £1C, NO, tV. §1°17°10TM now or formerly Florence Wicks formerly Bronislaw Domaleski I~ll.f. 1415. ~1.~8 440.09' now or formerly formerly formerly Stephen Themes P. Mc Gunniglo 8 C. Holding Corp. Helen Sledjeski APPEAL NO. 3294 BOARD OF APPEALS : TOWN OF SOUTHOLD In the Matter of the Petition of PETER J. J. TROYANO and MARGARET S. TROYANO, to the Board of Appeals of the Town of Southold ATTORNEY'S AFFIDAVIT RICHARD F. LARK MAIN ROAD -- P. O. BOX 973 sit>please t~ke notica dmr the within is a (cerrili~d) :lly entered in the office of the clerk o! the within ·med cour~ on 19 RICHARD F. LARK Office aad Post Ollic¢ Addre~ MAIN ROAD -- P. O. BOX 973 TO Attorney(s) for ~--Please take nodce ttmt ~m order ,of which the within is · ~ col~ will be presented ~o~ ~ttl~m~nt to the HDV. one o~ the iud~ of the within mined Court, at Atto~y g~' RICHARD F. LARK OUk, m~ Pe. OM~. MAIN ROAD -- p.O. BOX ~' :oraey(s) lot 19 Calendar No. 11242 ~N~ 81-22565 Year19 SUPREME COURT : STATE OF NEW YORK : COUNTY OF SUFFOLK PETER.J. J. TROYANO, MARGARET S. TROYANO, HENRY REICHMAN and STELLA REICHMAN. Plaintiffs, against THOMAS P. McGUNNIGLE, STEPHEN J. McGUNNIGLE, JOHN EBELING, BARBARA EBELING, LEO MELISSARIS, FLORENCE WICKS, COUNTY OF SUFFOLK, SOUTHERN NEW ENGLAND PRODUCTION CREDIT ASSOCIATION, SOUTHOLD SAVINGS BANK, and THE FEDERAL LAND BANK OF SPRINGFIELD, Defendants. SETTLEMENT AGREEMENT RICHARD F. LARK Yo, Plaintiffs Oflice and Post Olfkt A~.ss, T¢lei~hone MAIN ROAD -- P. O. BOX 973 TO Attorney(s) for Service ot I col~' of the is hereby .am;~ted. Attorney(s) for JULi~ ~$ELLJ SUFFOLK COUNTY o,o © 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 ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765 1809 September 2, 1985 Richard F. Lark, Esq. Main Road - Box 973 Cutchogue, NY 1i935 Re: Appeal No. 3294 Peter J. and Margaret S. TroyaDo Conditional 280-A of March 28, 1985 Dear Mr. Lark: This letter will confirm that the board took the following action at a Regular Meeting of the Board of Appeals held Thursday, August 22, 1985 concerning the above matter: RESOLVED, to accept the improvements as exists in accordance with the Report dated August 7, 1985 of Victor Lessard, Building Department Administrator, made to the subject right-of-way under Appeal No. 3294 in the Matter of PETER J. AND MARGARET S. TROYANO, subject to continuous maintenance at all times in good condition. This resolution was unanimously adopted. Yours very truly, CC: C~H.,~ I RMAN I~owal ski Mr. and Mrs. Peter J. Troyano Mr. Victor Lessard (Building Dept.) TOWN OF SOUTHOLD OFFICF. OF BUILDING INSPECTOR P.O. BOX 728 TOWN IIALL SOUTHOLD, N.Y. 11971 TEl,. 765-1802 ']'0: (;ei-:~]'d (~¢)ehi'J) ,;er Victor LessarrF~ U~oI~ ~:~>tifJc:~tioh from the (:(,~l:;r'r~cto~' of rice), ] ¥,,eIlt out and in:~pecte(] ' ' ', "' ' I physically observed a]JL the req~lirer~Junts, i~ld dov..i ~,.~ the Z.}%A. for this ~.O.W., ~(J :,m r::~t.[s ¢] ed t)mt t,~y were aZZ do:~e properly and ~s t})e Z.I%A. requc:rte,3. also observed a neighbor J'~]rut:[~][,; ~lnd [,;()~ that this /,erson is caz'eless with farm easily dama~';e what is now an acce])tsb]e t(.O.W. I nu~g~st periodic i~spections~ to see tkat i{.O.W, does~.'t deterf- or,ire. VL:smw !~I, dmtl~tent to Section 267 of ~vioions nf~.~e Code ,of the by' the Smtthold Town ~ of Api~ds at the Soatb~! TOWn HaH, Main Road, Southold, Nqw york at a ~'/:~0;~p.m.;A~App!tcation fo~ 'PETER J. AND MARGARET s. TItoy~, c/o a.v, ~ark, NY itg~ 'for a Vaxianc~ to over & :~tqVato ~ri~ht-of-way now ~ ~orm~ly M~_mnn~le) to pr~s~s known and ~enti- fled as District 1000, Section 7:40 p;m. Applk~ti°n of JOSEPH AND PATRICIA STII~FEI~, 67~0 Sound Av- enue, l~lattituck, NY for a- v~? th~ zonins Ordin- an~e, ~1~ ~1i, Seedon 100-~ 32 ~0r permissiOn: (a) to buil~- acc~ horse barn in the fron~Yard area *ed (b) to erort premisas known as 67~0 ~oum:l AvenUe, Ma~,' NY; Dis- tr~ 1000. s~on I~L nioct 04, Lot~. =, 7:4~ p.m. Appltca~on for do~ph,H, aruor.-Es~. M~n ~' Squth~d, ::Ny for a anee, Article 111, Section 3.1 for a~,o~ insMf, ciont area an~. wid~ mf pm~eis in this pt(*p0~e~.diviaion of land located at SilJ~q~*th 'It.d and COUNTY OF SUFFOLK SS: STATE OF NEW YORK Potricia Wood, being duty sworn, says that she is the Editor, ~f 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-Watch- / man once each week for ............................ :. .......... weeks successively, commencing on the ............. ...~....~...~. .......... , Sworn to before me this ................................ day of Notary Public BARBARA FORBES Noto~ Public, State of New York No. 4806~6 Qualified in Suffolk County ~ Commir~ioe Explras Ma~eh 30, 19 ~f~ ,1 hS~OU~d pool tn ~ ~ other than the required rearyard, at Baybet'O' Roadl NaesaU Potn~ Cutchogue, NY~ District 1000, Section 111, Blockl5, Lot l.& (pan of 1.3). 7:~ p.m. Application for ESTATE OF LOUISE WIL- SON, c/o Wickham, Wickham & Breesler, PiC., Main Road, Matittuck, NY for a Variance to the 7~nins OrdInance, Ar~ tide 111, Section 100-31 and a Yarianc~ to New York Town Law, Section 280-a for approv- al of access over a proposed private right-of.way to be located on the north side of Main Road, Mattituck, NY; ~ premises iden~fled- as DIS. trier 1000, Section 122, Block 6, Lot 19. 8:~ p.m. Appl~caton of CUTCHOOOE FREE LI- BRARY, Z75S0 Main Road, Cutohogue, NY ~0r a~Variance to the ZOning Ordinance, Article lily-Section t00-30(B), /.100-31, and I00-119, for per- mission to construct. add,on leaving an insuffie~nt rearyard setback at prem~e~0 known ss 275.~ Main Road, Cutchogue~ NY; District 100~, Section 109, Block 06 pan of Lots I and 2. BRARY. ~ Main: Road, Cutch~gue, NY for a Speciai Exception to tl~e Zoning Ordin- ance, Article !11, Section 100- 3orB} f41 for permission' to establish library use for an addition proposed at premises known ss 27550 Main Road, Cutohogue, NY; District Section 10q, Block 06, part of Lots 1 and 2~ The Roard of ~I~ls ~tl~ at said tim~ an~ e~nce hea~ nil ~_, or ~rly, M~Glljl~le) ~ p~nnses InO~n and id~nti. o~H AND PA~IC~ ~, 67~ ~nd Av- ~ ~, ~On 1~ a~ ~ bm in th~ ~~ ~)to~ Av~Ue, Ma~.' ~; D~ ' ~ 1~. ~ 121, B~ an~, A~e ~, ~ 1~. 3~ f~ a~ hsu~nt ma an~w~ ~ ~h in Sworn to before me this ................................ day of .......... · ......... , Notary .......................................... Public BARBARA FORBES N°tar3' Public, gtato of New York 1~o. 480~6 Qualified in Suffolk County Commission Expirez March ~0, 19 f-~' tnsroUnd l~el t~ an area other than the required rearyard, at Bayben-y ROad, Nassau Point, Cutohogue, NY; District 1000, Section 111, Block 15, tot 1.6 (part of 1.3). ?:$$ P.m. ,Application for ESTATE OF lOUISE WIL- SON, c/o Wlckham, Wicl~am & Breuler, P.C., Main ROad, Matittuek, NY for a Variance to the Zaning Oedtoanee, Ar~ tiele 111, Section 100.31 ~tnd Variance to New York Town Law, SectiOn 280-a for approv- al of access OVer a proposed private right-of-way to be located on the north side of Main Road, Mattituck, NY; Premises identified, as Dis. trict I000, Section 122, Block 6, Lot 19. 8:05 p.m. Applieaton of CUTCHOGUE FREE LI- BRARy, 27550 Main ROad, Cutchogue, NY for a Variance to the Zoning Ordinance, Attiele lll,~Secrion 100-30(B), 100-31, and 100-119, for per. mission to construct library addition leaving an insufficient rearyard setback at Premise&./00 known as 27550 Main Road, Cutchogue, NY; District 1000, Section 109, Block 06, part of lots I and 2. 8:10 p.m. Application of CUTCHOGUE FREE ~ BRARY, 27550 Main ROad, Cutohogue, NY for a Special Exception to the Zoning Ordin. ance, Article 111, Section 100- 30(B) [4! for permission to establish library use for an addition proposed at premises known as 275,$0 Main ROad, Cetchogue, NY; District 1000, Section 109, Block 06, part of Lots 1 and 2. The BOard of Al~eals Will at said time and place hear aH persons having interestz or?l~ ~oncerns Df the above matter? Written cemment~ nay alsobe ubmnttod prior to the subject hearing.°r during Dated: JanuMy 24, 1985. BY ORDER OF THE $OUTHOLO TOWer hOARD OF APPEAI.~ GERARD p. GOEHRINGER By Linda F. Kowalsk~, Seccetary IT-I/24/8S(12) Southold Town Board of Appeals MAIN RI:3AD- ~BTATE RrtAD 25 S{3UTHE}LD, L.I., N.Y, 11¢J71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER~ CHAIRMAN CHARLES GRIGONI$iJR. SERGE DOYEN, JR. ROBERT J. DOUGLAS$ JOSEPH H. SAWlCKI TO WHOM IT MAY CONCERN: Concerning your recent application filed with our office, please find enclosed a copy of the Legal Notice as published in the local and official newspapers of the Town of Southold, to wit, the Suffolk Times and the L.I. Traveler-Watchman indicating the date and time of your public hearing. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the public hear- ing and in order to prevent any delay in the processing of your application. If you have any questions, or if you would like to review your file prior to the hearing, please do not hesitate to either stop by our office at the Southold Town Hall, or by callin9 our secretary, Linda Kowalski, at 765-1809 (or, if no answer, 765-1802). Yours very truly, Ik Enclosure GERARD P. GOEHRINGER CHAIRMAN APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWrCKI Southold Town Board of Appeals MAIN ROAD-r::TATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 September 2, 1985 Richard F. Lark, Esq'i Main Road - Box 973 C~tchogue, NY 11935 Re: Appeal No. 3294 Peter J. and Margaret S. Troyano Conditional 280-A of March 28, 1985 Dear Mr. Lark: This letter will confirm that the board took the following action at a Regular Meeting of the Board of Appeals held Thursday, August 22, 1985 concerning the above matter: RESOLVED, to accept the improvements as exists in accordance with the Report dated August 7, 1985 of Victor Lessard, Building Department Administrator, made to the subject right-of-way under Appeal No, 3294 in the Matter of PETER J. AND MARGARET S. TROYANO, subject to continuous maintenance at all times in good condition. This resolution was unanimously adopted. Yours very truly, CC: GERARD P. GOEHRINGER CHili RMAN ,,~'~'z~.,/~4 .' (~7~' ~L ~i~zLa)a Kowal ski Mr. and Mrs. Peter J. Troyano Mr. Victor Lessard (Building Dept.) TOWN OF SOUTItOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 TEL. 765-1802 August 7, a985 ~ To: From: Gerard Goehringer Chairman Z.B.A. Victor Lessar_~- Exec. Admin. Bldg. Dept. Subject: Triano 280A R.O.W. Upon notification from the contractor (stopped in officeJ, I went out and inspected Triano's Right of Way. I physically observed all the requirements, laid down by the Z.B.A. for this R.0.W., and am satisfied that they were all done properly and as the Z.B.A. requested. I also observed a neighbor farming and got the impression that this person is careless with farm equipment and could essily damage what is now an acceptable R.0.W. I suggest periodic inspections, to see that R.O.W. doesn't deteri- orate. VL:smw LOT I Lo7- ~ ,~rea ~ 4 ocres ~oo. oO S36'57'/0"WZ /,,~'~. OO ' W~A.Y 239. I0 ' ~erard p. Goehringer, Chairman Southold Town Board of Appeals REPORT NO. 408 V~OM: John W. Davis DATE: RE: ROAD REPORT- APPEAL NO. 3294 - PETER AND FARGARET TROYANO R.O.W. ON N/S O.R. 48~ PECONIC COMMENTS: NovemBer 12, 1984 · be existing road in the private R.O.W. varies in width from 11 ft. to 13 ft., consists of well stabilized sand, gravel and loam throughout except for the first 250 ft. from C.R. 48 where it is surfaced with 3/4" stone, there are some min~r potholes in the first 250 ft. and a few depressions in the sand and gravel length. There are several low areas in the road up to the reverse ,~rve that are subject ~o flooding from heavy rainfall. ~his is due to the farmland on the left side sloping down to the road where the adjacent land on the right side is higher than the road. Raising the road in the low areas would increase flooding in the farmland. There is substantial depth to the material in the road. Attached to *~is report is information found in test holes for the length of the road. Emergency vehicles could probably drive through flooded areas without difficulty~ if water depths were not more than 12"~ due to the depth and stability of the road material. RecommendatioT: 1. Regrade existing road to fill in minor potholes and depressions where necessary for a 12 ft. width except for the first 250 ft. Place a compacted 3" top course of 3/4" stone blend throughout to insure stability of ~he road for all seasons. ~E: PRESENT ACCESS ROAD (TROYANO) Test Hole No. Road Width Depth of M~terial 1 11 ft. 10" + 2 12 ft. 6" + 3 12 ft. 7" * 4 12 ft. 9" 5 12 ft. 9" 6 12 ft. 10"+ 7 11 ft. 10" 8 12 ft. 12"+ sand & gravel sand, gravel & loam sand, gravel & loam sand & gravel sand & gravel sand& gravel sand & loam sand, gravel & First 8 holes between ~heling property and reverse curve. 9 13 ft. 10 13 ft. 11 11 ft. 12 12 ft. 13 12 ft. 14 $ ~oyano Drive 12 ft. 15 $ Reichman Drive 11 ft. 16 (in first 250 ft.) 10 ft. 12''~ sand & gravel 12,,~ sand & gravel 13" + sand & gravel 9"+ sand, gravel & loam 9" + sand & gravel 8" sand & gravel 9" sand & gravel 6''~ sand & gravel with 3/4" stone After a depth indicates same material continues. TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 TEL765-1802 August 7, d985 To: From: Gerard Goehringer Chairman Z.B.A. Victor Less Exec. Admin. Bldg. Dept. Subject: Triano 285A R.O.W. U~on notification from the contractor (stopped in office), I went out and inspected Triano's Right of Way. I physically observed all the requirements, laid down by the Z.B.A. for this R.O.W., and am satisfied that they were all done properly and as the Z.B.A. requested. I also observed a neighbor farming and got the impression that this person is careless with farm equipment and could easily damage what is now an acceptable R.O.W. I suggest periodic inspections, to see that R.O.W. doesn't deteri- orate. VL:smw Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, 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. SAWlCKI April 4, 1985 Richard F. Lark, Esq. Main Road - Box 973 Cutchogue, NY 11935 Re: Appeal No. 3294 - Peter and Margaret Troyano Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construc- tion in writing, or for other documents as may b,e applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to Building Department Planning Board' GERARD P. GOEHRINGER C HA I RMAN Secretary Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3294 Application 'Dated September 20, ]984 TO: Richard F. Lark, Esq. as Attorney [Appellant(s)] for PETER J. AND MARGARET S. TROYANO Main Road - Box 973 Cutchogue, NY 11935 At a Meeting of the Zoning Board of Appeals held on March 28, 1985, 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 for-PETER J. AND MARGARET TROYANO, c/o R.F. Lark, Esq., Main Road, Cutchogue, NY 11935 for a V~riance to N~6w York Town Law, Section 280-a for approval of, access over a private r~ght-of-way lo- cated on the north side of C.R. 48, Peconic ~along land now or formerly McGunnigle) to premises known and identified as District 1000, SectioD. 73, Block 4, Lot 4. ' WHEREAS, a public hearing was held and concluded on February 14, 1985, concerning the Matter of PETER J. AND MARGARET S. TROYANO under Appeal No. 3294; and WHEREAS, the board has considered all testimony and documentation entered into the record during the public hearing, in behalf and in opposition to this application; and WHEREAS, the board members have personally viewed and are familiar with the right-of-way and premises ~n questio~,.as well as its surround- ing area; and WHEREAS, the board made the following findings of fact: 1. The property in question is located in an "A" Residential and Agricultural Zoning District, is situate along a private right-of-way which extends approximately 4,238.45 feet from the northerly side of Middle Road (C.R. 48), at Peconic, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 73, Block 4, Lot 4and is 2. The subject premises contains as a whole 4.3475 acres with 290.10' frontage along a westerly extension of the right-of-way in question; the premises has received conditional approval from the Southold Town Planning Board for a set-off division of land, Lot 1 of an area of 106,000 sq. ft. and frontage of 100 feet, and Lot 2 of an area of 85,000 sq. ft. and frontage of 139 feet. 3. By this application, appellants as required by New York Town Law, Section lots #1, which is presently improved with request approval of access 280-a, apparently for both one, one-family dwelling with (CONTINUED ON PAGE TWO) DATED: April 3, 1985. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 - Appeal No. 3294 Matter of PETER J. AND MARGARET S. TROYANO Decision Rendered March 28, 1985 attached garage, and #2, which is presently vacant except for a small frame storage-type shed situated below the bluff area. 4. It appears from the testimony received that if were required by this board which would elevate the road, flooding onto neighboring lands would be created. improvements further 5. Road Report No. 408 confirms a traveled width of the right-of-way to vary from 11 to 15 feet, and that the road is well- stabilized with sand, gravel and loam throughout most of the right-of-way. There are however a few flooding areas due to the left side sloping down and a few depressions. Raising the road at the highest existing eleva- tions would cause additional flooding onto neighboring lands. 6. Subsequent inspections have been made by the board members and it is their opinion that the most feasible way to help eliminate flooding and icing of the right-of-way would be to re-grade, and add bank- run, to an average height of the natural contour of both sides, and as otherwise noted below. In considering this application, the board determines that the variance be granted as noted below since: (a) this right-of-way appears to be the only principal ingress and egress to the appellants' property and property presently of Reichman; (b) this right-of-way has been used by appellants since 1956, and the location of same has been settled by an Agreement dated March 10, 1983, filed under Suffolk County Supreme Court Index No. 81-22565; (c) the relief requested is not substantial; (d) there will be no substantial change in the character of the neighborhood or substantial detri- ment to adjoining properties if the variance is granted as conditionally noted below; (e) the circumstances of the appeal are unique and there is no other method feasible for appellants to pursue other than a variance; (f) in view of the manner in which the difficulty arose, justice will be served by allowing the variance, as indicated below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Grigonis, it was RESOLVED, to grant approval of access applied for under Appeal No. 3294 in the Matter of PETER J. AND MARGARET S. TROYANO over the private right-of-way located on the North Side of C.R. 48 at Peconic to both lots known and identified as District 1000, Section 73, Block 4, Lot 4, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the entire right-of-way be re-graded for a width of 15 feet extending from its beginning at the north side of C.R. 48 to the lots in question, and further improved as follows: (a) For the first 245.13 feet of existing bluestone, depressions to be patched; (b) For the next 354.87 feet, the right-of-way be brought up to the average height of the natural contours along both sides of the right-of-way with bankrun; (c) For the next 1856.98 feet, regrade and patch depressions with bankrun; (d) For the next 550± feet, up to the average height of the natural the right-of-way with bankrun; the right-of-way be brought contours along both sides of Page 3 - Appeal No. 3294 Matter of PETER J. AND MARGARET S. TROYANO Decision Rendered March 28, 1985 (e) For the next 1500± feet, raise to peak elevation of pipe with bankrun and regrade; (f) For the next 700± feet running northerly, and 264 feet running in a westerly direction, fill depressions and potholes with bankrun and regrade where necessary; 2. Constant maintenance of the entire right-of-way; 3. All improvements to be made within the legal boundaries of the subject right-of-way; 4. Final acceptance to be made in writing by the Board of Appeals, of the above conditions and improvements; or, if made by Building Inspector, a copy of his written report/acceptance to be submitted to the Board of Appeals. the Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. lk GERARD P. GOEHRINGER, C~TAIRMAN April 3, 1985 SDUTHOLD TOWN BOARD C' APPEALS =23- Jul 5, I979 The Board finds that strict application of the Ordinance would' produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immedicate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that Victor and Marion Ales, Nassau Point Road, Cutchogue, New York, be GRANTED permission to divide property with insufficient area and width. Location of property: Meadow Lane, Cutchogue, New York, bounded on the north by Case; east by West Creek; south by New Suffolk Avenue; west by Meadow Lane, upon the following condition:~ (1) Suffolk County Planning~.Commission Approval Vote of the Board:~ Ayes: Messrs: Gillispie, Grigonis, Doyen and Tuthill. On motion by Mr. Tuthill, Seconded by Mr. Doyen, it was RESOLVED that the minutes of the Southold Town Board of Appeals meeting of~une 14, 1979, be accepted. - ~ Vote ~f the Board: Ayes: Messrs: Douglass, Giigonis, Doyen and Tuthill. Y An informal discussion was held.with Abigail A. Wickham, Esq. for q~/ the right of way off the North Road in Pe~Dnic. The Board rod~ over the ~! ~ght-of-way ~hen theY._~.re out on inspections on June26, 1979. . ~ The Board advised Ms. W~ckham that they needed the following informatlon:~ (1) Documentation of the width and actual location of the r~ght-of- (2) Whether or not the County has purchased the development ~rights of the surrounding parcels~ / (3) Whether or not the County will allow the right-of,way through there if they have the development rights. After securing this information, Ms. Wickham may apply formally to the Board'for approval of the right-of-way. An infon~al discussion was held with Richard F, Lark, Esq. con- ~ cerning the application of Bruce Norris on Love Lane and Sound Avenue in Mattituck. Southold, N.Y. 11971 (516) 765-1938 July 31, 1984 Mr. Richard Lark Attorney at Law Main Road Cutchogue, NY 11935 Re: Troyano Dear Mr. Lark: Please let this confirm the action of the Planning Board at the Monday, July 30, 1984 meeting. RESOLVED that the Southold Town Planning Board approve the set-off of Peter J.J. Troyano and Margaret S. Troyano located at Peconic, dated May 23, 1984 subject to the Board of Appeals approval of the access road (280-a) and covenants and restrictions that all building will set-back 100' from the bluff. If you have any questions, please don't hesitate to contact our office. Very truly yours, cc/" Zoning Board of Appeals BENNETT ORLOWSKI, JR., CHAIRMAN ~UTHOLD TOWN PLANNING BOARD By Diane M. Schultze, S~3~retary Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD. L.I.. N.Y. 11~71 TELEPHONE {516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. $ .E .Q.R.A. SERGE DOYEN, .JR. ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH B. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3294 PROJECT NAME: PETER J. AND MARGARET S. TROYANO 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: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Approval of access over a private right- of-way located at the north sid~ of C.R. 48, Peconic, NY. / LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: R-O-W off north side of C,R. 48, Peco.~io. 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 construction. (3) The premises to which this access is required has been approved by the Planning Board July 30, 1984. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda KowalsRi, 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. JUDITH T. TERRY TOWN CLERK REGISTRAR O1' VITAL S I ,'~1 IS I'ICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 September 20~ 1984 To: Southold Town Zoning Board of Appeals From: Judith T. Terry~ Southold Town Clerk Transmitted herewith is Appeal No. 3294~ application for a variance by Peter J. & Margaret S. Troyano~ and accompanying papers as outlined on the attached letter from Richard F. Lark~ dated September 19~ 1984. "Jildith T. Terry~ Southold Town Clerk September 18, 1984 (Today's Date) To: Re: Southold Town Board of Appeals Main Road Southold, NY 11971 Appeal Application of Peter J. J. Troya~o & Margare$ $, Troyano Location of Property: 4,250± northerly from County Road 48 Peconic, New York Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property id the within appeal application: (please check one box) [ ] Nay be located within 300 feet of tidal wetlands; hov;ever, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* [ ] Nay b'e located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ] May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing ~on the premises. -[x] not appear to Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, Sign~ur~ pleh~a) Pe~t~e? J. J. Tr,~yano 'MirgOt S./ Tro'ya/ P T( ,D Soul;hold, N.Y. 11971 (516) 765-1938 July 31, 1984 Mr. Richard Lark Attorney at Law Main Road Cutchogue, NY 11935 Re: Troyano Dear Mr. Lark: Please let this confirm the action of the Planning Board at the Monday, July 30, 1984 meeting. RESOLVED that the Southold Town Planning Board approve the set-off of Peter J.J. Troyano and Margaret S. Troyano located at Peconic, dated May 23, 1984 subject to the Board of Appeals approval of the access road (280-a) and covenants and restrictions that all building will set-back 100' from the bluff. If you have any questions, please don't hesitate to contact our office. Very truly yo~s, cc: Zoning Board of Appeals BENNETT ORLOWSKI, JR., CHAIRMAN Bv~DT~WN PLANNING BOARD y iane M. Scnultze, ~ecretary EXHIBIT ~NNING at a monument on t~northwesterly side of Co~y Road 48 (formerly kno~as County Road 27 and Middle Road), where the same is intersected by the southwesterly line of land of Florence Wicks (for- merly of Bronislaw Domaleski) and the northeasterly line of land of John and Barbara Ebeling; from said point of beginning running thence along the north- westerly side of County Road 48 (formerly known a~ County Road 27 and Middle Road) South 68° 57' 00" West a distance of 19.51 feet; running thence through lands of John Ebeling and Barbara Ebeling the following three courses and distances: (1) North 42" 35' 32" West 89.29 feet; (2) North 40° 52' 39" West, 77.29 feet; and (3) North 43° 08' 43" West, 71.56 feet to land of Thomas P. McGunnigle and Stephen J. McGunnigle; thence along land of John Ebeling and Barbara Ebeling, South 47" 48' 30" West a distance of 1.76 feet; running thence through lands of Thomas P. McGunnigle and Stephen J. McGunnigle the fol- lowing thirteen (13) courses and distances: (1) North 42" 11' 30" West a distance of 100.00 feet; (2) North 36" 28' 50" West a distance of 50.24 feet; (3) North 42" 11' 30" West a distance of 204.42 feet; (4) North 45° 37' 40" West a dis- tance of 440.09 feet; (5) North 51° 17' 10" West a distance of 1,415.12 feet; (6) North 50° 03' 10# West a distance of 287.63 feet; (7) Westerly along the arc of a curve having a radius of 50.00 feet, and bearing to'the left, a dis- tance of 52.36 feet; (8) South 69° 56' 50" West a distance of 83.89 feet; (9) Westerly along the arc of a curve having a radius of 65.00 feet and bearing to the right, a distance of 67.77 feet; (10) North 50" 18' 40" West a distance of 1,208.14 feet; (11) North 49" 02' 50" West a distance of 80.46 feet; (12) Westerly along the arc of a curve having a radius of 50.00 feet and bearing tO the left, a distance of 82.03 feet; (13) 36" 57' 10" West a distance of 294.75 feet to the northeasterly line of land now or formerly of Stepan Minakyan and others (formerly Clarence F. Diller); running thence North 49" 02' 50" West along the last mentioned land, a distance of 15.04 feet to the land of Henry Reichman and Stella Eeichman; running thence along land of Henry Reich~an, Stella Reichman, Peter J. J. Troyano, and Margaret S. Troyano, North 36" 57' 10" East a distance of 363.41 feet to the land of Leo Melissaris; running thence along the land of Leo Melissaris, South 49" 02' 50" East a distance of 150.00 feet to lands of Thomas P. McGunni~le and Stephen J. Mc~unnigle; running thence thr6ugh the lands of Thomas P. McGunnigle and Stephen J. McGunnigle, the following four courses and dis- tances: (1) South 50" 18' 40" East a distance of 1,207.98 feet; (2) Easterly along the arc of a ~¢u~having a radius of 50.00 bearing to the left a distance of 52.13 feet; (3) North 69° 56~ 50" East a distance of 83.89 feet; (4) Easterly along the arc of a curve having a radius of 65.00 feet bearing to the right a distance of 68.07 feet to the southwesterly line of land now or formerly of Florence Wicks (formerly Bronislaw Domaleski); thence along said land of Florence Wicks the fol- lowing four courses and distances: (1) South 50" 03' 10" East a distance of 287.47 feet; {2) South 51" 17' 10" East a distance of 1,415.70 feet; (3) South 45° 37' 40" East a distance of 441.28 feet; (4) South 42~ 11' 30" East a distance of 354.87 feet to a point where the northerly corner of land of John and Barbara Ebeling intersects with the westerly line of land of Florence Wicks, running thence along the property line of Florence Wicks and John and Barbara Ebeling, South 42" 11' 30" East a distance of 245.13 feet to the afore- mentioned monument on the northwesterly side ofBEGXNNiNG.CO~nty B~ad 48 at the point or place of EXHIBIT Copies to the following 1/22/85: Richard F. Lark, Esq. for Mr. and Mrs. Peter Troyano Rudolph H. Bruer, Esq. for Thomas Perillo Mr. and Mrs. Joseph Stiefer, Box 1167, Mattituck, NY 11952 Swim King Pools, Inc. for Anthony Pagoto Wickham, Wickham and Bressler, P.C. for Estate of Louise Wilson Cutchogue Free Library Suffolk Times L.I. Traveler-Watchman Town Clerk Bulletin Board,and ZBA Bulletin Board (ZBA office) Individual ZBA files Building Administrator V. Lessard Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHDLD, 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 October 29, 1984 Richard F. Lark, Esq. P.O. Box 973 Cutchogue, NY 11935 Re: Appeal No. 3294 - Peter and Margaret Troyano Dear Mr. Lark: This letter will confirm that the following documentation have been requested concerning the above matter: ~l (1) copy of deed conveying legal access over the existing right-of-way in question; (2) certification that the existing traveled right-of-way is within the metes and bounds of the legal right-of-way as shown on the survey amended November 28, 1983; (3) two additional copies of the November 28, 1983 survey. Yours very truly, GOEHRINGER GERARD P. CHAIRMAN lk Gerard P. Goehringer, Chairman Southold Town Board of Appeals REPORT NO. 408 FROM: John W. Davis DATE: November 12, 1984 RE: ~OAD REPORT - APPEAL NO. 3294 - PETER AND MARGARET TROYANO R.O.W. ON N/$ C.R. 48~ PECONIC COMMENTS 2he existing road in the private R.O.W. varies in width from 11 ft. to 13 ft., consists of well stabilized sand, gravel and loam throughout except for the first 250 ft. from C.R. 48 where it is surfaced with 3/4" stone, there are some minc~ potholes in the first 250 ft. and a few depressions in the sand and gravel length. 2here are several low areas in the road up to the reverse ,~rve that are subject to flooding from heavy rainfall. 1his is due to the farmland on the left side sloping down to the mad where the adjacent land onthe right side is higher than the road. Raising the road in the low areas would increase flooding in the farmland, there is substantial depth to the material in the read. Attached to this report is information found in test holes for the length of the road. Emergency vehicles could probably drive through flooded areas without difficulty, if water depths were not more than 12", due to the depth and stability of the road material. Recommendations 1. Regrade existing road to fill in minor potholes and depressions where necessary for a 12 ft. width except for the first 250 ft. Place a compacted 3" top course of 3/4" stone blend throughout to insure stability of the road for all seasons. ~JO~DAVIS O RE: PRESENT ACCESS ROAD (TROYANO) Test Hole No. Road Width Depth of Material I ll ft. 10"+ 2 12 ft. 6" * 3 12 ft. 7" ~ 4 12 ft. 9" 5 12 ft. 9" 6 12 ft. 10"+ 7 ll ft. lO" 8 12 ft. 12"+ sand & gravel sand, gravel & loam sand, gravel & loam sand & gravel sand & gravel sand& gravel sand & loam sand, gravel & loam First 8 holes between ~eling property and reverse curve. 9 13 ft. 10 13 ft. 11 11 ft. 12 12 ft. 13 12 ft. 14 ~ 1~oyano Drive 12 ft. 15 $ Reichman Drive 11 ft. 16 (in first 250 ft.) 10 ft. 12,'+ sand & gravel 12,,~ sand & gravel 13" + sand & gravel 9" + sand, gravel & loam 9" + sand & gravel 8" sand & gravel 9" sand & gravel 6''~ sand & gravel with 3/4" stone ~u*~c~ After a depth indicates same material continues. APPEALS BOARD MEMBERS GERARD P, GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J, DOUGLASS JOSEPI~ H, SAWlCKI Southold Town Board of Appeals MAIN ROAD- STAT£ ROAD 25 SOUTHDLD, L.I., N.Y. 11c~'71 TELEPHONE (516) 765-1809 October 29, 1984 Mr. John W. Davis Sterling Road Cutchogue, NY 11935 Re: Appeal No. 3294 PETER AND MARGARET TROYANO R-O-W on N/S C.R. 48, Peconic Dear Mr. Davis: We request an inspection and road report on the above private right-of-way located on the North Side of C.R. 48, Peconic, starting at a point along the easterly boundary of the McGunnigle, Ebelin9 premises, and along the westerly boundary of property now or formerly of Wicks. The right- of-way in question extends a total length of approximately 4186 feet, and a copy of the survey map is enclosed for your reference. Thank you for your assistance. Yours very truly, lk Enclosure GERARD P. GOEHRINGER CHAIRMAN Southold Town Board of Appeals -5- December 27, 1979 PUBLIC HEARING: Appeal No. 2650. Application of Y & C HOLD- ING CORP, 142-17 38th Avenue, Flushing, New York (Abigail A. Wickham, Esq.) for a Variance for approval of access in accordance with Town Law Section 280A. Location of property: Right-of-way on the northerly side of County Road 27, Peconic; bounded north by L.I. Sound, west by Troyano and McGunnigle, south by McGunnigle and Ebeling, east by wicks. The Acting Chairman opened the hearing at 7:54 P.M. by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the local and official newspapers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining property owners was given to: Mr. and Mrs. Ebeling, Mr. and Mrs. Peter J.J. Troyano, Mr. Thomas P. McGunnigle, Ms. Florence Wicks; fee paid $15.00. MR. mOUGLASS: I also have a section of the County Tax Map showing t~is.piece of land and the surrounding properties. At this point, is there anything that you have, Abigail, to enter into this~ ABIGAIL WICKHAM, ESQ.: Yes, Mr. Chairman. I, 'since the time that we filed the application, would like to bring your at- tention to a number of things that we have done. First, we did check with a contractor on building a road and went down to the property with him. We discussed a number of large trees that are on the boundary between the what's now the Wicks Farm and Ebeling's property, and I believe the southerly portion of th~ McGunningle Farm, and in light of not only the cost of removing the trees to put a roadway there but the fact that you would be removing some beautiful old trees, my client would prefer t~, re-route the riqht-of-way s~iqht~y to the west of those trees along where the farmroad has always existed. Now, you may require us to get a survey showing that and we will undoubtedly from a legal point of view need a written agreement with Mr. Ebeling on that. So we are in the process, I discussed that with him on the phone and I am going to contact him further about that. I would at this point like to submit for your consideration, this is a copy of the deed from the Sledjeski's who originally owned this whole farm into Mr. and Mrs. Reichman, who own one of the lots. Now this is not the deed which creat~ tha.t..~i~ht-of-waE but it does describe it as a 16-1/2-foot right-of-way, one in common with the farm to the east. I'm having someone in Riverhead at the County Center look up deeds for the creation of the roadway to establish to you that it is a legal right-of-way, that it appar- ently goes back quite a bit further than we thought, so we have not gotten the deeds yet. This does describe it. Now I indicated on here the present location of the right-of-way except for this portion down here near the Middle Road where we proposed to have it on Mr. Ebeling's property. So it would come along 15 feet here to the west of the trees and then swing over half and half on Mr. McGunnigle's farmland and~half on the Wick's farmland, up to-- MR. Mc BRIDE: Mr. Chairman? Southold Town Board MR. DOUGLASS: MRS. WICKHAM: MR. McBRIDE: Appeals -6- Decem~ 27, 1979 Just a minute. You will have a turn, sir. Up to the point-- Excuse me, I don't have an objection. I'd like to see what's being described. MR. DOUGLASS: Come on up. MRS. WICKHAM: swing west onto Mr. MR. McBRIDE: Up to the point where we according to the deed McGunnigle's farmland to the property itself. If I may identify myself, Mr. Chairman. MR. DOUGLASS: Yes. MR. McBRIDE: I'm Owen B. McBride, attorney for Florence A. Wicks. .I'm here with their grandson, John Wicks IV. Now if I may, it's the first time I saw the legend on this survey, and I would like to examine it, Mr. Chairman, to see if this is suffi- cient for your purposes and identifying this as the right-of-way to be attached to the retained parcel which intended to be improved. There are no metes and bounds on the right-of-way, it's merely called a dirt road. MRS. WICKHAM: I believe I just indicated that we would be obtaining a survey. MR. DOUGLASS: They will be getting a survey. We have to have a survey. Did you discuss this with the County Farm Bank thing? MRS. WICKHAM: They purchased the development right-of-way and did not purchase the fee and the farmland, which is subject to the right-of-way according to the deeds. MR.~DOUGLASS: In other words, they don't care where it goes? _ MRS~ WICKHAM: Well, lC would ~ave to go according to where the deedls require it to go, but their purchase of the development rights WOuld have to have been subject to this because it is of record. MR. McBRIDE: Excuse me, if I may commen~ on that, Mr. Chairman. I think that Mrs. Wickham made reference to a deed to a Mr. Reichman, and that deed is signed only by the grantor to the Sledjeski family. There is no commitment in that deed that the predecessor in ownership of the Wick property joined in that. MRS. WICKHAM: I indicated, through the Chairman, that the deed was not presented to prove the existence of the right-of-way, we are awaiting our title searcher to give us those deeds, and we are giving that to them merely to describe at least at this point. There's no question that we'll have to appear at another hearing at some later date. · muth61d Town Board '~' °~peals -7- December 1979 MR. McBRIDE: I'd like at this point the recor Chairman, that we can show ~o granted the nro~-~- - that the predeces~ :_ ~.to show, Mr. one 16-1/2-foo~ ~_~ ~o Mr. Wick ea -~ ~ cltle, Domele · .by u~ ~ _ - ~c-Or-wav. ~_ ~ rs ago never ~--_~ · .ski, nad the ~{~u= ~' Relchman and a~'"~,~._h~t-.°%-_ a i~-a~ione_~{ .n right-of~ =~use for years '~~~ ..... . z znere is no~' oz the exi.~__ , nave us=aDllshlng the ~ ~-~ - =~ln? of record ~-= ~??nce of the cally existin~ --'rJ~/z-zO°= rlght-of-w=-'-~u nothing ~ ~ =ne ground. ~ u~ner than that's P~ysi MR. DOUGLAss: May I ask a question. Do either of your know- ledge, is this where Troyano and Others are coming down, or are they coming down the next farm road? MRS. WICKHAM: They spoke t? Mr. Troyano and ~se both this road and this road. know he does Use this road. He also ~ses this road although he has no legal right to do so. MR. DOUGLAss: ~here? MRS. WICKHAM: MR. DOUGLAss: ~u Care about. This One is impassable. Have you ridden up About two or three Weeks ago. ~ou don't want to go up there with a car that MRS. WICKHAM: Well, he mentioned his Cadillac has a few 'oblems, but he does drive up and down there. MR. McBRIDE: Basically, Mr. Chairman-_ MRS. WICKHAM: Well, of COUrse, it Would be subject to, as ;e said, we have not -- MR. McBRIDE: Mrs ~now a portion of it'.Wickham',is this that the Used road, and is Very difficult down there, has never roached upon the Wick's property except for two minor points our side of th.e property. And we Went to great expense, 000 to have th~s COmpletely SUrVeyed and monumented. OVer MRS. WICKHAM: zopies. Well, I Would appreciate it. if you Would Send MR. McBRIDE: Well, this Was either 1973 or 1974, Mr. Troyano Mr. Reichman Wanted to establish just where it is and that it their access to continue along the road we monume remove two or three ties or posts bec ,,~ ........ nted, and we eled road as existed OVer here did a~ ~= u~ see that the e places. It is certainl encroach over those two or I am Well aware o~ - Y..not as it is described in the deeds ~, was there a 16-1/2-foot cor~non ~e COmmon border of that property ever legallyright~of-way established. THOMAs MCGUNNIGLE: I 'm McGunnigle. My brother When We bOught that fr s, we kind of , .... ~ ~, om Chen who so]~ ~ ~ a~nd 2, we OWn -~ ~nrough this, to~ i~_~~ ueve~opment · ~, ~nu our deed shows that Southold Town Board Appeals -8- .Decemb~27, 1979 that right-of-way is common to the property line, 8-1/2 on each side of the property line, and goes back to a probably that, sir, that you have. It also, in talking to Troyano and he says that the right-of-way always was and from Sledjeski and Domeleski, the original owners of the two parcels, that the lot road that they called the right-of-way eventually went right over the property line, split the property line right in half for the purpose of both farmers using one common road and not having two lot roads going through the same spot, and that they had this road estab- lished for years and years over this property l~ne, and then not too many years ago, it was moved slightly our way. I think probably when you surveyed it or whatever, posts were put in and it made the cars go on one side or the other and they wound up on our side, but for gobbs of years it has gone right down the center of the right-of-way was the center of the property line, and now it would be terribly hard to find where that road is because people have gotten stuck in it and they go around puddles and all kinds of stuff, but I do believe that Troyano has used the road which was the center of the property line for years and years, and it was very recently that it might just touch the Wicks property, but I think prior to just a few years it was right down the middle, because ~Sledjeski and Domeleski set it up originally with that thought in mind. Because it was a common dirt road. STEVEN McGUNNIGLE: That's the way we bought th~ farm, with the understanding that the right-of-way was half and half, not on our side. MR. McBRIDE: I just responded to that. It's not quite so. That 16-fDot right-of-way for if it did exist at one time alone the comm~ boundary line was not for access to a public road to the rear~of the property. It was for the common use of the two adjoining farms, and it is not the recent Mr. McGunnigle that the dirt road was, you know, pushed over. It was never pushed over because stakes were put in. It deeded when Mr. Wicks got the property, over 17 years ago and shows the dirt road on this side of the common property line, except for one or two encroacments on the wicks' property.' THOMAS McGUNNIGLE: I don't--, I wasn't around 17 years ago to argue that or whatever, it's just from what Mr. Troyano had said, that they used the road that was preexistent between Sled- jeski and Domeleski, which was naturally the purpose of it being a farm road, not an access road. And that's the one that they established the right-of-way on because it was already there. And it has been moved off of that for whatever reason, and a lot of it has moved to our side, and-- MR. McBRIDE: No, you made it appear as though it moved physically because of impediments put in, and that's not so at all. When Mr. Troyano had bought his property in '52, that dirt road was 95% of his whole length on this side of the common land. It wasn't physically moved because of-- Southold Town Board ~ Appeals -9- December 27, 1979 THOMAS McGUNNIGLE: Well, the right-of-way would still be 16-1/2 feet even if the physical road were 8 feet this side, is that correct? He might have been using only the 8 feet on this side. MR. McBRIDE: Because it's never been established legally between them. MRS. WICK~k~M: I think maybe that's the question we have, and perhaps we could sit down -- MR. DOUGLASS: Do you have ahything in your deed? MR. McGUNNIGLEi Our deed has the right-of-way as the center of the property line. That's how we bought the farm. That's in our deeds. It reverts back to a survey, this might even be that, I don't have the survey with me, but our deed reverts back to a survey that should clearly define it with the bounds in the north- east by so much and all that stuff, clearly defines the right-of- way as the center of the property line. That's how it's in our deed. MR. DOUGLASS: The best thing for us to do is, then we will recess this until, will you have time between now and our next meeting in January, or-- MRS. WICKHAM: I think maybe we better not. MR. DOUGLASS: We could leave it as an open recess until you tell us when to put it back on the agenda. MRS. WICKHAM: I would like to say one other thing, if I might, it doesn't pertain to the existence to the right-of-way but as to the type of improvement in question. After speaking to someone about building a road, it was felt that rather than a two to three inch layer of bank run that a six-inch layer certainly would-- MR. DOUGLASS: Bank run isn't good. MRS. WICKHAM: I thought bank run was what you require? MR. DOUGLASS: Stone blend. THOMAS McGUNNIGLE: We will have to draft something as to what type of thing goes there too, because there's a natural flow of water that sheds off this farm, I believe, onto the Wicks farm through here, which is the natural flow of water and if you build that up six inches, we're goinq to have a lake. And that's farmland forever. And if you put something in there that's going to make a lake out of our ground and we can't permit that. So there has to be some form of flow through the road. MR. DOUGLASS: This is what you people should all get together Southold Town Boarf Appeals -10- Decembo 27, 1979 On, so as I say, we can recess this with no date until you come back and tell us when to put it on the agenda. We'll leave it open for a couple of hearings. If you find that you can come back before the January 17th hearing, if you have it resolved-- MR. DOYEN: You can't do that. SECRETARY: You would need an extra meeting adopting a resolution to set this up for hearing. MR. DOUGLASS: Yes. Well, we can set it on the 17th for the next meeting. You will have to let us know. SECRETARY: I would have to re-advertise it also. MRS. WICKHAM: You will have to re-advertise it, if you don't set a date? MR. DOUGLASS: Right. We will advertise all recesses that are without date. It's our policy. MRS. WICKHAM: Okay. MR. DOUGLASS: Thanks an awful lot. THOMAS McGUNNIGLE: You will notify us? MR.WDOUGLASS: It will be advertised in the paper. MR.! McGUNNIGLE: Just in the paper. MR. DOUGLASS: -I'll make a motion that we recess this hear- ing until we hear from the party involved so we may set a new date. On motion made by Mr. Douglass, seconded by Mr. Doyen, it was RESOLVED, that the matter of Y & C HOLDING CORP. by Abigail A. Wickham, Esq., Appeal No. 2650 BE RECESSED without date until the applicant's representative advises further. Vote of the Board: Ayes: Messrs. Douglass, Grigonis, and. Doyen. Absent: Messr. Tuthill. On motion made by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, to approve the minutes of the December 6, 1979 meeting of this Board. Vote of the Board: Ayes: Messrs. Doyen. Absent: Messr. Tuthill. Douglass, Grigonis, and REASON FOR APPEAL Continual TOWN LAW 1. STRICT APPLICATION OF THE ~J~ would produce practical difficulties or unneces- sary HARDSHIP because since 1956 Petitioners have been using this right-of-way for access to their, property. Petitioners purchased their property in 1956 along Long Island Sound and improved the property with attractive landscaping and a one-family house. PetitionerS' property is 4,250~ feet northerly of the Middle aoad (County Road 48} and access to the property is along a right-of-way which originally was created by the form_er owners of the property, Stephen and Helen sledJeski. This right-of-way has pro- vided the principal ingress and egress to the property of your Petitioners as well as that of Stalls Reichman since 1956. In addition, the right-of- way provides suitable access to Thomas McGunnigle to reach the northerly portions of his farm. The right-of-way varies from 20 to 15 feet in width, and the roadbed is in goo~ condition, having recently been refurbished, aescue vehicles, fire trucks, ambulances, police cars, and emergency vehicles will have no difficulty in using this right-of-way for gaining access to Petitioners' property. The Petitioners' are desirous of setting off a lot from their property! however, the Planning Board ofthe Town Of Bouthold requires the Board of Appeals approval for access prior to granting the final approval. A legal description of the right-of-way is attached hereto as Exhibit B. The survey prepared by Young & Young date~Nov~m~er 28, 1983, depicting the ~ight~of-way and Petitioners' property is attached as E~h/bitC. 2. The hardshipcreated is UNIQUE and isnotshared by all properties alike in the immediate vicinit~ of thi~ property and in this use district because the right of way for which Town Law, 1280-a(3)'appr°Val is being sOUght has been in existence since 1956, and is a reasonable means of ingress and egress to Petitionerst property. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the Petitioners! property and the parcel to the west owned by Stella Reicb~nn are of residential character and the existing right-of-way passes through farmland owned by Thomas McGunnigle. Presently the right-of-way serves as access for both Petitioners and the Reichman parcel and the northerly portions of the McGunnigle farm. The granting of the Town Law, ~280-a(3) approval will not appreciably increase vehicul&r traffic using this right-of-way because if Petitioners! applica- tion is granted, only one additional residence will be built in T.he future. STATE OF NEW YORK COUNTY OF S~'FOL~ SS Margaret S. Troyano Sworn to this ....... ~,..t~., .............................. day of .......... .S...~.~.t,~..r. ....................... 1984 BABETTE CO'NINE NOTARY PUBLIC, State ~ New Y~'k Suff~th County Ne. S2-S792800 [~ ~TOWN OF $OUTHOLD, NEW YORK APPEAL IN ACCORDANCE WITH RESOLUTION OF THE SOUTHOLD TOWN PLANNING BOARD DATE ....S..e.p..t..e....m~....e..r.....1..8, 1984 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Peter J. J. Troyano and ~, (We) ~[~,r. ga,~e.~...~.,....~rD~.allo .................... of ..~.g.~.t~l;~x.~...Ra(~l, lL~ri1~a .................. ~ .... Name of Appellant Street and Number Sout.h..~..rt Co~l.n 06490 HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS IN ACCORDANCE WITH THE RESOLUTION OF THE SOUTHO~.D TOWN PLANNING BOARD DATED July 30, 1984 APPLICATION FOR SET-OFF aP PARCEL DATED F~.BRUARY 15, 1984 ~HEI~EBy THE PLANNING BOARD 'OF THE TOWN OF SOUTHOLD GP~aNTED AN APPLICATION FOR A SET-OFF TO P~e..t.~e.r..~J..~:~.J.~.T.r.~.y..a..n..~..~&..~..~...~.q.a.~.~.~'~ Troyano Name of Applicant for permit of Southport Woods Drive, Southport, Connecticut 06490 . Street and Number Municipality State ( PERMIT TO USE ( PERMIT FOR OCCUPANCY Si~-,', C~1 280-a(3) er~vate ~osd rurmtng ~or~h ~ro]~ . .... 1. LOCATION OF THE PROPERTY Com~,~y. ~o~ /18~. ~se, n~d,e,..l~[' ........ A......~..e..q~.a..e..a..t.~...[....&.....A~-. :Lc~:Ltutaz Street Use District on Zoning Mop SuffoZk County Tax Map No. 1000-73-4-4 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.) · State of New York Town Law S280-a(3) 3. TYPE OF APPEAL Appeal is made herewith for ( ) 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 [k~l~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such cppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Doted ...................................................................... REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ~srequested forthe reasonthat Petitioners have applied to the Planning Board of the Town of Southold by application dated Pebruary 15, 1984, for a set-off of a lot on their property containing 85,000.square feet. The Planning Board on July 30, 1984, approved the set-off of the lot subject to the Board of Appeals approving the existing access road used to their property pursuant to New York State Town Law, Section 280-a(3). A copy of the Resolution of the Southold Town Planning Board dated July 30, 1984, is ~rmzB! (Continue on otherside) attached hereto as Exhibit A. ~INNING at a monument on t~northwesterly side of C~y Road 48 (formerly kno~ras County Road 27 and Middle Road~, where the same is intersected by the southwesterly line of land of Florence Wicks (for- merly of Bronislaw Domaleski) and the northeasterly line of land of John and Barbara Ebeling; from said point of beginning running thence along the north- westerly side of County Road 48 (formerly known a~ Cottnty Road 27 and Middle Road) South 68° 57' 00" West a distance of 19.51 feet; running thence through lands of John Ebeling and Barbara Ebeling the following three courses and distances: (1) North 42" 35' 32" West 89.29 feet; (2) North 40° 52' 39" West, 77.29 feet; and (3) North 43° 08' 43" West, 71.56 feet to land of Thomas P. McGunnigle and Stephen J. McGunnigle; thence along land of John Ebeling and Barbara Ebeling, South 47" 48' 30" West a distance of 1.76 feet; running thence through lands of Thomas P. McGunnigle and Stephen J. McGunnigle the fol- lowing thirteen (13) courses and distances: (1) North 42" 11' 30" West a distance of 100.00 feet; (2) North 36" 28' 50" West a distance of 50.24 feet; (3) North 42" 11' 30" West a distance of 204.42 feet; (4) North 45" 37' 40" West a dis- tance of 440.09 feet; (5) North 51° 17' 10" West a distance of 1,415.12 feet; (6) North 50° 03' 10" West a distance of 287.63 feet; (7) Westerly along the arc of a curve having a radius of 50.00 feet, and bearing to the left, a dis- tance of 52.36 feet; (8) South 69" 56' 50" West a distance of 83.89 feet; (9) Westerly along the arc of a curve having a radius of 65.00 feet and bearing to the right, a distance of 67.77 feet; (10) North 50" 18' 40" West a distance of 1,208.14 feet; (11) North 49" 02' 50" West a distance of 80.46 feet; {12) Westerly along the arc of a curve having a radius of 50.00 feet and bearing to the left, a distance of 82.03 feet; (13) South 36° 57' 10" West a distance of 294.75 feet to the northeasterly line of land now or formerly of Stepan Minakyan and others (formerly Clarence F. Diller); running thence North 49" 02' 50" West along the last mentioned land, a distance of 15.04 feet to the land of Henry Reichman and Stella Reichman; running thence along land of Henry Reichman, Stella Reichman, Peter J. J. Troyano, and Margaret S. Troyano, North 36° 57' 10" East a distance of 363.41 feet to the land of Leo Melissaris; running thence along the land of Leo Melissaris, South 49" 02' 50" East a distance of 150.00 feet to lands of Thomas P. McGunnigle and · Stephen J. McGunnigle; running thence through the lands of Thomas P. McGunnigle and Stephen J. McGunnigle, the following four courses and dis- tances: (1) South 50° 18' 40" East a distance of 1,207.98 feet; (2) Easterly along the arc of a c~v_e having a rgdius of 50.00 bearing to the left a distance of 52.13 feet; (3) North 69° 56' 50" East a distance of 83.89 feet; (4) Easterly along the arc of a curve having a radius of 65.00 feet bearing to the right a distance of 68.07 feet to the southwesterly line of land now or formerly of Florence Wicks (formerly Bronislaw Domaleski); thence along said land of Florence Wicks the fol- lowing four courses and distances: (1) South 50" 03' 10" East a distance of 287.47 feet; (2) South 51" 17' 10" East a distance of 1,415.70 feet; (3) South 45° 37' 40" East a distance of 441.28 feet; (4) South 42° 11' 30" East a distance of 354.87 feet to a point where the northerly corner of land of John and Barbara Ebeling intersects with the westerly line of land of Florence Wicks, running thence along the property line of Florence Wicks and John and Barbara Ebeling, South 42" 11' 30" East a distance of 245.13 feet to the afore- mentioned monument on the northwesterly side ofBEGINNING. County Road 48 at the point or place of EXHIBIT TOWN OF SOUTHOLD, NEW' YORK APPEAL ~ ACCORDANCE WITH RESOLU?XON OF THE SOUTHOLD TOWN PLAHI~NG BOARD APPEAL NO.~ ? ~ DATE ...~p.~.41~.~l~...~,.8, 1984 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Peter J. J. Troyeno and ~(We) 14a~qaz~t..~...Troyano .................... of ..~.oGt~hpor~..~a...D~l.v~ ....................... Name of Appellant Street and Number ........... ~.O...u....'~..p~....~... ............................................................ C..O...,m~......O..{i.~.~......HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS Xlt ~;~COI~)~CE WXTH THE RI~SOLUT1'C~I OF ~ SOUTHO~t ~ ~ZNG BOARD ~TED July 30, 1984 APPLICATION FOR 5E~O~ O~ P~ ~T~ F~R~Y ~ 1984 ~BY ~E ~XNG ~ OF ~ ~ OF ~D ~ ~ RP~Z~TZON FOR & SET-OFF TO ( ) ( ) (X) Name of Applicant for permit of Street and Number Municipality State ,PERMIT TO USE PERMIT FOR OCCUPANCY 8~'TZCI¢ 280-a(3) 1. LOCATION OF THE PROPERTY Street Use District on Zoning Map Suffolk Couuty Tax Nap No. 1000-73-~4 .................................... ...... 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.) State Of New York Torn Law 1280-a(3) 3. TYPE OF APPEAL Appeal is made herewith for ( ) 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 previc~us appeal ~ (has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request ~or 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 ~e~ for the reosonthot Petitioaers have applied t~ ~e Plaaalng ~oa~ of o-f Sou~]~bld' by application dated February 1S, 1984, for a set-off ora lot on their property containing 8S,000.8quare feet. The Planning Board on July 30. 1984. approved the set-off of the lot sub,eot to the Board of Appeals approvin~ the existing aocess road used to their property pursuant to New York State Town Law, Section 280-e(3). A co~y of the Resolution of the Southold Town Planning Board dated July 30, 1984; is ~rm z~! (Continue on other side) attached hereto as Exhibit ~. REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ~j~1~ would produce practical difficulties or unneces- sary HARDSHIP because since 1956 Petitioners have b~n using ~his right-o£-wey for access to ~heir p~op~rty, Petitioners purchased ~lr p~r~y in 1956 along ~nq lsla~ ~und ~d ~ved ~ pzo~rty w~ attractive landscaping and a sniffily house. Petition~s* p~rty is 4,250* hOrSeFly o~ ~ ~ddl~ ~ad (County ~ad 48) and acooos to ~e pro. Fry lo alon~ a rl~ht-of-uy ~ich orighally ~s oreat~ by ~o fomr ~ers of ~e p~y~ Steph~ and Helen Slei~eskl. ~ls ri~ht-of~y has vided ~e principal ingress and eqress to ~e p~y of y~r Petitioners as ~11 as ~at of Stella Reio~n s~ce 19~. Xn additi~ ~e ri~ht-of- ~M pz~ldes ~it~le access to ~s Ncg~l~le to reach ~e horsefly' ~lons of his fa~. ~e ziqht-of-~y varies f=~ 20 to 15 feet in wide, and ~e road~d Is ~ ~ ~ndition~-~v~ ~c~tly been zefuzbish~. ~s~e vehicles~ ~ire ~s~ ~l~s~ ~lice cars, and ~en~ v~loles will have no di~fi~lty ~ us~ ~is right-of-way for ~a~ access ~ Petitioners' p~rty. ~e Petitioners' are desirous of ~tting off a lot fz~ ~eir p~rty~ h~ez, ~e Vl~q ~d o~ ~e e~ o~ ~u~old ~ires ~e ~a~d of Ap~als a~z~al for aocess prior ~ gzant~ ~e ~1 a~al. A legal description of ~e right.f-way is at~ here~ as ~h~it ~ ~e s~ey pre.red by Yo~q i Yo~g dat~ N~r 28~ depictin~ ~e riqht-of-way and Petitioners' p~y is attaoh~ as 2 The hardsh o created is UNIQUE ond is ~o~ shared b~ oH ~roperties o[ike i~ the immediote vicm,r~ofthis property ana in this use district because the right o£ way fOr~hich ~mm Law, 1280-a(3) apl~OVal is being sought has been in existence since 1956, and is a reasonable means of ingress and ~qress to Petitioners' property. 3. The Var,ance would ooserve the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the Pstitioners' prol:~-'c,y and the;parcel to the mest o~ned by Stella~eichman are of residential character and ~e ~8t~9 riqht-o~-way ~nses ~qh ~a~and ~ed by ~ ~lgle. Presently ~e riqht~f~ay lemea a~ access for ~ PetitLoneza and ~e qzant~q off ~e ~ ~, ~250-a(3) a~val will not a~recl~ly ~czeaae ~hicul~ traffic ue~q ~le riqht-o~-way ~cauee l~ Petitio~ra' applica- tion ia qrant~, only one addit~l reaAdence ~11 ~ built An ~e future. STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK ) Pet~ Margaret S. ~-o~ano Sworn to this ll~th day of .......... ...~..~..~. ........................ 1984 BABETTE COENINE NOTARY PUBLIC, State of New Ye~k Suffolk County Ne, 52-$7t2~00~ Commission Expires ~rth 30, 19~ P T( ~D 8outh(~ld, N.Y. 11971 (516) 765-1938 July 31, 1984 Mr. Richard Lark Attorney at Law Main Road Cutchogue, NY 11935 Re= Troyano Dear Mr. Lark: Please let this confirm the action of the Planning Board at the Monday, July 30, 1984 meeting. RESOLVED that the Southold Town Planning Board approve the set-off of Peter J~J. Troyano and Margaret S. Troyano located at Peconic, dated May 23, 1984 subject to the Board of Appeals approval of the access road (280-a) and covenants and restrictions that all building will set-back 100' from the bluff. If you have any questions, please don't hesitate to contact our office. Very truly yo~s, cc: Zoning Board of Appeals BENNETT ORLOWSKI, JR., CHAIRMAN y Diane M. Schultze, S~r~tary EXHIBIT ~NNING at a monument on th~northwesterly side of Cogy Road 48 (formerly kno~s County Road 27 and Middle Road~, where the same is intersected by the southwesterly line of land of Florence Wicks (for- merly of Bronislaw Domaleski) and the northeasterly line of land of John and Barbara Ebeling; from said point of beginning running thence along the north- westerly side of County Road 48 (formerly known a:; County Road 27 and Middle Road) South 68° 57' 00" West a distance of 19.51 feet; running thence through lands of John Ebeling and Barbara Ebeling the following three courses and distances: (1) North 42" 35' 32" West 89.29 feet; (2) North 40° 52' 39" West, 77.29 feet; and (3) North 43° 08' 43" West, 71.56 feet to land of Thomas P. McGunnigle and Stephen J. McGunnigle; thence along land of John Ebeling and Barbara Ebeling, South 47" 48' 30" West a distance of 1.76 feet; running thence through lands of Thomas P. McGunnigle and Stephen J. McGunnigle the fol- lowing thirteen (13) courses and distances: (1) North 42" Il' 30" West a distance of 100.00 feet; (2} North 36" 28' 50" West a distance of 50.24 feet; (3) North 42° 11' 30" West a distance of 204.42 feet; (4) North 45" 37' 40" West a dis- tance of 440.09 feet; (5) North 51° 17' 10" West a distance of 1,415.12 feet; (6) North 50° 03' 10# West a distance of 287.63 feet; (7) Westerly along the arc of a curve having a radius of 50.00 feet, and bearing to the left, a dis- tance of 52.36 feet; (8) South 69° 56' 50" West a distance of 83.89 feet; (9) Westerly along the arc of a curve having a radius of 65.00 feet and bearing to the right, a distance of 67.77 feet; (10} North 50" 18' 40" West a distance of 1,208.14 feet; (11) North 49" 02' 50" West a distance of 80.46 feet; (12) Westerly along the arc of a curve having a radius of 50.00 feet and bearing to the left, a distance of 82.03 feet; (13) South 36" 57' 10" West a distance of 294.75 feet to the northeasterly line of land now or formerly of Stepan Minakyan and others (formerly Clarence F. Diller); running thence North 49° 02' 50" West along the last mentioned land, a distance of 15.04 feet to the land of Henry Reichman and Stella Reichman; running thence along land of Henry Reich~an, Stella Reichman, Peter J. J. Troyano, and Margaret S. Troyano, North 36" 57' 10" East a distance of 363.41 feet to the land of Leo Melissaris; running thence along the land of Leo Melissaris, South 49" 02' 50" East a distance of 150.00 feet to lands of Thomas P. McGunniale and Stephen J. McGunnigle; running thence thr6ugh the lands of Thomas P. McGunnigle and Stephen J. McGunnigle, the following four courses and dis- tances: (1) South 50" 18' 40" East a distance of 1,207.98 feet; (2) Easterly along the arc of a curve having a radius of 50.00 bearing to the left a distance of 52.13 feet; (3) North 69° 56' 50" East a distance of 83.89 feet; (4) Easterly along the arc of a curve having a radius of 65.00 feet bearing to the right a distance of 68.07 feet to the southwesterly line of land now or formerly of Florence Wicks (for~rly Bronislaw Domaleski); thence along said land of Florence Wicks the fol- lowing four courses and distances: (1) South 50° 03' 10" East a distance of 287.47 feet; (2) South 51" 17' 10" East a distance of 1,415.70 feet; (3) South 45" 37' 40" East a distance of 441.28 feet; (4) South 42° 11' 30" East a distance of 354.87 feet to a point where the northerly corner of land of John and Barbara Ebeling intersects with the westerly line of land of Florence Wicks, running thence along the property line of Florence Wicks and John and Barbara Ebeling, South 42° 11' 30" East a distance of 245.13 feet to the afore- mentioned monument on the northwesterly side of County Road 48 at the point or place of BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of Peter : J. J. Troyano and Margaret S. Troya~o to the Board of Appeals of the Town of Southold : TO: Stella Reichman 36 East 72nd Street New York, N.Y. 10021 Thomas P. McGunnigle Middle Road Cutchogue, N.Y. 11935 NOTICE TO ADJACENT PROPERTY OWNER Leo Melissaris 18 Union Hill Road Denville, N.J. 07834 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (the following relief: To obta±n recog- nition of access under Section 280-a(3) of the Town Law ). 2. That the property which Js the subject of the Petition is located adjacent to your property and is des- cribed as follows: North by Long Island Sound; East by Leo Melissaris; South by Thomas P. McGunnigle; West by Stella Reichman. 3. Thattheproperty whichisthesubjectofsuchPetitionislocatedinthefollowingzoningdistrict: "A" Residential and Agricultural District 4. ThatbysuchPetition, theundersigned willrequestthefollowingrelief: TO obtain recognition of access under Section 280-a(3) of the Town Law. State of New York Town Law 5. That the provisions of the ~f~l~;~~Y~e applicable to the relief sought by the under- signed are ~&XXXXXXXXXXX Section 280-a (3) 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road. Southold, New York and you ma), then and there examine the same during regular office hours. (516) 76'5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of $outhold and designated for the publication of such noti,~)tha~)ou~r~sentative have the right to appear and be heard at such hearing. Petitioner 'margaret S. Tro~no Post Office Address Southport Woods Drive Southport, Connecticut 06490 NAME PROOFOFMAILINGOFNOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Stella Reichman Thomas P. McGunnigle Leo Melissaris 36 East 72nd Street, New York, NY 10021 Middle Road, Cutchogue, NY 11935 18 Union Hill Road, Denville, NJ 07834 UJ ::>z = I '008£ WJOd Sd STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: P 572 917 926 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) se~) Melissaris :Stree] and N,o. 18 Union Hill Road P ' C~i~i~l~'~.~J-r ~ (~ I~P ~ 07834 Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered Return receipt showing to whom, Date, and Address of Delivery Babette Cornine , residing at 335 Sunset Avenue, Mattituck, New York 11952 , being duly sworn, deposes and says that on the of September ,19 84 , 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 5outhold; that said Notices were mailed at the United States Post Of- fice at Cutchoque, New York ; that said Notices were mailed to each of said persons by (certified) ~z~i~e~l) mail. Sworn to before me this day of September Notary Public ,19 84 / Babette Cornine BARBARA DIACHUN l;Iotary Public, State of New Yore No. 52-46353.90 Suffolk County Commission Expires March 30, 1.9~ SHORT EHViRONk{ENYAL ASSESS}4kNI ']NSTRUCT!gNS.: ' . ------~) In order to answer the questions in tha~ ~he preparer will use. currently available information concerning the project and the likely impacts of the action. It is not expected that oddilionol studies, research or other investigations ¥;ill be undertaken. (b) If any question has been answered Yes the project may be significant and o completed Environmental Assessment Form is necessary. (c) I£ all questions have been answered }qo it is likely %hal this project is .not significant. -. (d) Environmental Assessment ' .. '1. %'~ill project result in o large physical change to the project site or physically alter more thom 10 acres of l?nd? ........................ . Yes. ~ Ho 2. %'1ill there be a ma3or change to aa~ unique or -unusual land form found on the site? .......... Yes ~ NO 3. %'Iill project alter or hove a large effect on existing body of water? ....................... ¥fis. x NQ 4. %'/ill project have a potentially large impact on groundwater quality? ....................... Yes. X~ No._ 5. %'~ill project significantly effect dro%nage flo~' adjacent sites? . Yes X No 6. %'1ill project affect any threatened or endangered plant or animal species? ........... Yes X No 7. %'~ill projec~ result in o major adverse effedt on air quality? .............. .................. Yes X No 8. %'/ill project have a major effect on visual character of the community or scenic views or vistas known to:be important to the community? Yes X No ~. %'1ill project adversely impact any site or .- structure of historic, prehistoric or paleon%ologicol importance or any site designated os a critical environmental area by a local agency? ............ ~,..-..~-.~..--...s.-~..v_ Yes. X No 10. %'~ill project have a major effect on existing or future recreational opportunities? ......... Yes X No 11. %~ill project result in.major traffic problems o~ cause a major effect to existing transportation systems? ....................... Yes ~i No 12. Will project .regularly cause objectionable odors, noise, glare, v~brotion, or electrical disturbance as o result of the project's operation? ......... ~ ............................ Yes, X No 13. %~ill project have any impact on public health or.safety? .................................... Yes. X No 14. %'1ill p~oject affect the existing community by directly causing o growth in permanent population of more than 5 percegt over a o~e year period ~.r. hove o major negative effect on the character of ~he community or Yes X No neighborhood? 15. ls ~here public controversy concerning the projec¢? ...................................... Yes X No REPRESEHTING Peter J. J. Troyano & Margaret S. ~royano this short EAF it is assumed DATE September 18 , 1984 RICHARD F. LARK September 19, 1984 Hon. Judith T. Terry Southold Town Clerk 53095 Main Road - Town Hall Southold, New York 11971 RE: Peter J. J. Troyano and Margaret S. Troyano Peconic, New York property - variance Dear Mrs. Terry: In connection with the above-captioned matter, I am enclosing the following: Application for recognition of access pursuant to New York State Town Law s280-a(3) dated September 18, 1984 executed by Petitioners. 2. Exhibit A: Copy of Southold Town Planning Board Resolution dated July 30, 1984. Exhibit B: Legal description of subject right-of-way. 4. Exhibit C: Survey prepared by Young & Young dated November 28, 1983. Notice to Adjoining Property Owners dated September 18, 1984, with Affidavit of Service and Certified Mailing Receipts. Short Environmental Assessment Form dated September 18, 1984. 7. Letter to the Board of Appeals dated September 18, 1984, concerning tidal wetlands. My check payable to the Town of Southold in the amount of $50.00 representing the required filing fee. If all is in order, would you please present this application Hon. Judith T. Terry -2- September 18, 1984 to the Board of Appeals so it may be scheduled for a hearing on the next available agenda. If you have any questions concerning this matter, please do not hesitate to contact me. Very ~r~/~; yours, RFL:bc Enclosures / / now or formerly Florence Wichs formerly Bront~law Domoleski now or formerly Thomas ~ McGunnigle formerly Y ~ C Holding Corp. formerly Stephen ~ Helen Sledjes#i now or formerly Florence Wicks formerly Bronislaw Domoleski // now or formerly Leo Melissoris now or formerly Peter U U B Margaret S Troyono t~properly I/nm now or formerly Henry ~ Stella Reichman T:, now or formerly Thomas P McGunnigle formerly Y B C. Ho/ding Carp, formerly Stephen ~ Helen SledjesM now or formerly Maud Cabot Morgan now or formerly Stepan Minakyd~ et al formerly Clarence F DHler ' SURVEY FOR PETEH d d THOYANO ~ MAHGAHET S TF?OY~NO HENHY HEICHM~N t~ eTE£1~ HEICHMAN AT PECONIC TOWN OF SOUTNOLD SUFFOLK COUNTY, NEW YORK SCALE: dAN. II, 1985 NO~ 28, 1983 YOUNG ~ YOUN~ ~ IPe4e ? / I I / / ?/ now or formerly now or formerly Leo Melissaris now or formerly Peter d U ~ Margaret S Troyano Henry ~ Stello Re/chinon now or formerly Maud Cabot Morgan i~properly I/nm. now or formerly Florence W/cks formerly Bromslaw Domoleski now o~r ~formerly ~ formerly formerly Stephen Thomas P McGunn/gle Ho/ding Corp. He~eh S/edjeski now or formerly Florence Wicks formerly Bran/slaw Domoleski properly linm now or formerly S/epan M/nakyan et aL formerly Clarence F D/l/er J now or formerly Thomas P McGunn/gle formerly Y ~ C. Holding Corp. formerly Stephen ~ Helen Sledjeski of SURVEY FOR PETER U U. TROYANO ~ MARGARET S. TROYANO HENRY REICHMAN 6t STELLA REICHMAN AT pECONIC TOWN OF SOUTNOLD ~ SUFFOLK COUNTY, NEW YORK ~..'~ *i SCALE: I"-'100' [ ~'__'" ~'o~ \ / //"/ / / I // // now or formerly leo Meh'ssar/~ ~d~- properfy now or formerly Peter ,l ~ ~ Margaret S Troyano now or formerly Henry B Stella Reichman now or formerly Maud Cabot Morgan now or formerly Stepan M/nakyon formerly Clarence £ D/l/er formerly Bron/~law Domaleski now or formerly Thomas t~ McGunnigle formerly Y ~ C Holding Corp. formerly Stephen ~ Helen Sledj'esM now or formerly Florence Wicks formerly Bronislaw Domaleeki properly I/ne now or formerly Thomas P McGunnigle formerly Y ~ C. Holding Corp. formerly Stephen ~ Helen et al SURVEY FOR PETEF? ~ d TF?OYANO ~ MAF?GAF?ET S. TF?OYANO HENF?Y F?EICHMAN ~ STEI £A F?EICHMAN AT PECONIC TOWN OF SOUTHOLD SUFFOLK COUNTY° NEW YORK SCALE: I"=100° dAN. II, 1985 NOg ~8, 1985 NO. 85- D