HomeMy WebLinkAbout3337 Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L,I.o N.Y. 11971
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3337
Application Dated February 28, ]985
TO: (Public Hearing May 2, 1985)
Mr. Robert W. Gillispie, III as
P.O. Box 1112
Southold, NY 11971
[Appellant(s)]
agent for KIMON AND WOODENE RETZOS
At a Meeting of
the above
on your
the Zoning Board of Appeals held on June 13, 1985,
appeal was considered, and the action indicated below was taken
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 KIMON AND WOODENE RETZOS, by R.W. Gillispie as
agent, Main Road, Southold, NY for a Variance pursuant to New York
Town Law, Section 280-a, for approval of access over private right-
of-way to be located off the east side of Rocky Point Road along the
southerly property line of land of Metropoulos and over land of Nowell
Estate, to premises identified as County Tax Map District lO00, Sec-
tion 31, Block 2, Lot 10; and more particularly Lots 2 and 3 of
Minor Subdivision No. 81 (1973-Retzos).
WHEREAS, a public hearing was held and concluded on May 2, 1985,
in the Matter of the Application for KIMON AND WOODENE RETZOS under
Appeal No. 3337, at which time no objections were received for the
record; and
WHEREAS, the board members have considered all testimony and
documentation entered into the record in this matter, including the
April 23, 1985 Road Inspection Report No. 444 prepared by John W.
Davis as requested by the Z.B.A.; and
WHEREAS, the board members are familiar with the property and
the area in question; and
WHEREAS, the board made the following findings of fact:
1. The property to which applicant is requesting approval
of access to is located in an "A-Residential and Agricultural"
Zoning District and known and identified as Subdivision Lots #3
and #2 of Minor Subdivision No. 81, approved by the Southold Town
Planning Board during 1973, and more particularly on the Suffolk'
County Tax Maps as District 1000, Section 31, Block 02, part of
Lot 10.
2. The right-of-way in question is located along the
southerly side of land now or formerly of Metropoulos (1000-31-2-13)
commencing at a point at the east side of Rocky Point Road having a
legal width as shown on survey dated November 23, 1972, and a
traveled width of 12 feet, extending from Rocky Point Road in an
east-west direction approximately 262 feet, and thence extends in
a north-south direction for a length of approximately 280 feet,
which has some depressions.
3. The right-of-way in question appears to have been used
as a "haul road" to a former sand pit. Test holes show at least
(CONTINUED ON PAGE TWO)
DATED: June 24, 1985. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Form ZB4 (rev. 12/81)
Page 2 - Appeal No. 3337, Matter of KIMON AND WOODENE RETZOS
Decision Rendered June 13, 1985
six inches of hard-packed sand, gravel and loam. At this time there
does not appear to be any drainage problem.
4. Submitted for the record is a copy of a deed at Liber
4703 cp 233 dated October 1, 1959 from Nowell to West, the prede-
cessor in title.
In considering this application, the board has determined
that the variance be granted as noted below since: (a) this
right-of-way appears to be the only ingress to and egress from
appellant's properties and it is appellant's contention that this
is the legal right-of-way to the premises of record; (b) the
relief requested is not substantial; (c) there will be no sub-
stantial change in the character of the neighborhood or substantial
detriment to adjoining properties; (d) the circumstances of this
appeal are unique and there is no other method feasible for appel-
lants to pursue other than a variance; (e) in view of the manner
in which the difficulty arose, justice will be served by allowing
the variance, as indicated below.
Accordingly, on motion by Mr. Douglass, seconded by
Mr. Goehringer, it was
RESOLVED, to grant approval of access applied for under
Appeal No. 3337 in the Matter of the Application for KIMON AND
WOODENE RETZOS over the private right-of-way located on the
east side of Rocky Point Road (described in #2, supra), SUBJECT
TO THE FOLLOWING CONDITIONS:
1. There shall be a minimum open and unobstructed access
width within the legal right-of-way of 16 feet improved as follows.
2. Holes and depressions in the east-west length to be
filled with bankrun gravel, sand and loam; and
3. Widen road to 16 feet where necessary by removing
topsoil for 8" and backfill with 8" of bankrun gravel, sand and
loam; and
4. Place a 3" crowned compacted top course of 3/4"-stone
blend or crushed concrete (re-cycled concrete); and
5. An alternate method of construction after filling the
depressions would be to place 4" of crowned stone blend or crushed
concrete on the existing surfaces for the 16-foot width; and
6. There shall be a clearance of 30 feet at turns for
turnarounds; and
7. That this right-of-way shall be maintained at all times in
good, satisfactory condition;
8. That all of these conditions be met prior to the issuance
of any building permit or June 1, 1988, whichever shall be first, or
this variance will be deemed void in its entirety, and additional
application and updated reviews will be necessary~automatically;
9. That the grant of this variance does not become effective
until all of the conditions set forth herein have been complied with
and accepted by the town in writing and after written request for
a final inspection and acceptance;
10. That the Zoning Board of Appeals may make any reasonable
exception as in its judgment it deems appropriate under the circum-
stances concerning the improvements of this right-of-way.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Douglass and Sawicki. This resolution was adopted by unanimous
vote of all the members.
RECEIVED AND FILED BY
THE SOUT~OLD TOWN
DATE ~/~f;/~'S HOUR ~:~.
lk
ERARD P. GOE?qR~NGER, C~qRMA'~
June 24, 1985
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Code of the Town of Southold, the following public
hearings will be held by the Southold Town Board of Appeals at
the Southold Town Halls Main Road, Southold, NY at a Regula'r
Meeting, commencing at 7:30 p.m. THURSDAY, MAY 2, 1985, and as
follows:
7:30 p.m. Application for KIMON AND WOODENE RETZOS, by
R.W. Gillispie as agent, Main Road, Southold, NY for a Variance
pursuant to New York Town Law, Section 280-a, for approval of
access over private right-of-way ~o be located off the east side
of Rocky Point Road along the southerly property line of land
o~ Metropoulos ann over land of Nowell Estate, to premises
identified as County Tax Map District 1000, Section 31, Block 2,
Lot 10; and more particularly Lots 2 and 3 of Minor Subdivision
~. 8! (i973~Retzos).
7:40 p.m. Applicat-ion of BRUCE M. VITALE, 622 Oak Street,
Copiague, NY I1726, for a Variance to the Zoning Ordinance,
Article VI,
shop within
District.
County Tax
Section 100-60 for permission to operate a carpenter
existing building in this B-Light Business Zoning
Property L~cation: South Side Sound Avenue, Mattituck~
Map District 1000, Section 121, BLock 5, Lot 2.
7:45 p.m. Application for ANN SABA (by P. Sujeski), 1000
Stillwater Avenue, Cutchogue, NY for a Variance to the Zoning
Ordinance, Article III, Section 100-31, Bulk Schedule, for
approval of insufficient area and width of lots in this proposed
two-lot division located at the South (westerly)iSide of Stillwater
Avenue, Cutchogue, NY; County Tax Map District 1000, Section 103,
Block 07, Lot 007.
7:50 p.m. Application for GUY SOBERING (by P. Cardinale, Esq.),
Sound Avenue, Mattituck, NY for a Variance to the Zoning Ordinance,
Article Iii, Section lO0-31, Bulk Schedule, for approval of
'insufficient area of lots in this proposed two-lot division of
land located on the North Side of Sound Aven~ue, Mattituck,
County Tax Map District 1000, Section 121, Block 01, Lot 3.1.
8:00 p.m. Application for MR. AND MRS. HOWARD L. YOUNG
(by J. DeReeder)~ 28545 Main Road, Orient, NY for a Variance to
the Zoning Ordinanc'e~ Article III, Section 100-31, Bulk Schedule,
for approval of insufficient area of two lots in this proposed
Page 2 - Legal Notice of Hearings
Southotd Town Board of Appeals
Regular Meeting of May 2, 1985
three-lot division of land located on the North
the East Side of Browns Hill Road, Orient, NY;
District 1000, Section 18, Block 06, Lot 24.
Side of Main Road
County Tax Map
and
8:05 p.m. Application for JAMES PERICONI AND MARION CtMINI,
223 West 21st Street, New York, NY lO011 (by R. Bruer, Esq.) for'a
Variance to the Zoning Ordinance, Article III, Section lO0-31, Bulk
Schedule, for approval of insufficient area and width of lots in
this proposed set-off division of land located on the North Side of
C.R. 48, Peconic, NY; County Tax Map District 1000, Section 74,
Block 1, Lot 23.
8:10 p.m. Reconvene Hearing of BAYVIEW DEVELOPMENT CORP./SAGE
for approval of insufficient area (and width) of lots in this
proposed cluster development at 67380 Main Road~ Greenport, NY;
County Tax Map District 1000, Section 53, Block 5~ Lots l, 1.3, 12.3
(at Breezy Shores).
The Board of Appeals will hear at said time and place any and
all persons desiring to be heard in each of the above matters. Written
comments may also be submitted prior to the conclusion of the subject
hearing.
Dated: April 17,
1985. BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By L. Kowalski, Secretary
(516) 765-1809 (alt. 1802)
Instructions to Newspapers:
Please publish once, to wit: THURSDAY, APRIL 25, 1985, and forward
seven affidf~vits of publication by Apri' 30th to: Board of Appeals,
Main Roads Southold, NY 11971.
FORM NO. 3
TOWN OF $OUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
.~ ?.. ~. ~-..~...C.;,,-~ .~..~. 7~t-,.,~ .~. .......
.~.. e:'}:. 0.?.~, ......
P~ASE TAKE NOTICE that your apphcation dated ...~~..~ ....... 19 ~.~..
Hou~ No. "' ' Ham/at
CountyT~ Map No. t000 S~cfion ... ~, ~ J ..... Block .... ~.~. ..... ~t ... !.~ ........
Subdi~sioa ~!~ Filed Map No .... ~ ..... ~t No .... ~:.~ ..........
~ retumefl herewith and dhapproved on the following grounds. ~..~.. ~. ~ 7.~..
.......
1/80
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO.7
OATE
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOED, N Y, Robert W. Gillispie, III as agent for
(We)..K.£mo;n.. & ..W.o o~ e~e.. I~ e.tz o.s ........... of .............................. ~..a: .1. ~,. ~..O. ?....c). ........................
Name of Appellant Street and Number
S o~thold, N.Y.
....................................................................................................................... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION DATED:1I/g6/845OR: V~csnt L~nd Certific~me of Occupnncy
WHEREBY THE BUILDING INSPECTOR DENIED TO
(X)
( ) PERMIT TO BUILD
Nome of Applicant for permit
of N.Y. 11435
.... ........ .....................................................
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
~ LOCATION OF THE PROPERTY ~R.-.Q.-.W~ff.~R~ky.~.p~.~.~..~...d-...~..~.t.~.~...~r..*~.~-t
Street and Hamlet Zone
~inor Subdivision for
.~_i.~.qB...& ~.o...o..d. 9..n..e.....R_e..~.9..s. ........................... OWNER IS): Kimon & Woodene Re~zos
....... £ Fz'17 0 ...........
/V~OD No Lot No.
.%t ..6.8.7.%
2 oROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section Sub-
section ana ParagraPh of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article 16 , Section 280-A
3. TYPE OF APPEAL Appeal is made herewith Jar
A VARIANCE tc the Zoning Ord nonce or Zoning Map
A VARIANCE due to.lack of access rState of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4 ~REVIOUS APPEAL A previous appeal ~1~ (has not) been made with respect to this decision
of the Building Inspector or with respect to this eroperty.
Such ~ppeal was request for o 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 i-o4'~e~ Zoning Ordi~a~ee
is request~f~,r~s?.r~t, We Would li.ke to be able to sell one,?r both
of the lots in th~ ~.znor Subdiviszon which sre located on ~ne
private right-of-~y shown on the m~p of this three lot ~inor
Subdivision, The 8.pplic~nts request pe~ission to improve to Town
stand~rds a sufficient length 8nd width of the ~forementioned right-
of-way to gain npproved ~ccess to both lots~ which is approximstely
262 feet of the eSmSt/~est section of the right-of-way and ~pproxi-
Form ZB1 (Continue on other side)
m~tely 270 feet of the north/south ~ec¢ion of the rzgh~-of
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would .oroduce practica] difficulties or unneces-
serv HARDSHIP because the ~pplic~nts would be ur~,ble to sell ~wo of
the three lots in their approved Minor Subdivislon~
2 The narasn p created is UNIQUE and is not snarec by ail properties alike in the ~mmedJote
wcmit, of this property and in this use district because mOS% of the other lots
the immediate vicinity, of this proper~y_ ha.ye access from Rocky ?oint
Ro~d,' which is a' ~own highws.y.
3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because the two lots in question ~re look.ted
on ~.n existing right-of-ws~y serving other vacsnt properties in
the vicinity.
STATE OF NEW YORK ) '~-
COUNTY OF
L!NDA F, ~0WALSK]
~ ~ ' . ~ ~OTARY FUBHC, St;te cf New
/
OWNER STREW?
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OWNER
SEAS.
IMP.
/¢6 6 '
S
//
VL FARM
TOTAL
DATE
VI LL~GE
ACR. ~
4,,£
TYPE OF BUILDING
FRONTAGE ON WATER
REtv~RKS ~
FRONTAGE ON ROAD
DEPTH
BULKHEAD
MICS, Mkt. VaJue,
~'~ '~ '~ lapp
Southold Town Board o eals
HAIN ROAD- -~TATE 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. SAWICKI
October 6, 1986
Henry S. Saxtein, Esq.
747 East Main Street
Riverhead, NY ll901
Re: Appeal No. 3337 Kimon and Retzos/Reich (280-a
Dear Mr. Saxstein:
This letter will confirm that the following action was
taken by the_ Board o~ Appeals at a Regular Meeting held
Thursday, October 2, 1986 concerning the. above matter:.
RESOLVED, to accept the right-of-way improvements
inspected October 1, 1986 and cqnditioned by.Appeal
No. 3337 in the Matte~ of KIMON AND WOODENE RE~ZOS,
SUBJECT TO CONTINUOUS MAINTENANCE AT ALL TIMES..
as
Vote of the Boardi Ayes: Messrs.
Grigonis, Douglass, Doyen and Sawicki.
was duly adopted.
Goehri~ger,
This resolution
cc:
Mr. David Verity
Mr. Victor Lessard
Building-Department
Yours very truly,
[i nda Kowalski
~oard Secretary
Administrator
To: Gerard P. Goehringer, Chairman Report No. 444
Southold Town Board of Appeals
From: John W. Davis Date: April 23, 1985
Re: Appeal No. 3337 - Kimon and Wooden Retzos - Proposed Access Road
Comments:
According to Town records there is a legal R.O.W., 24 ft. in width, from
Rocky Point Road all the way to a former sand pit. The proposed access
road would stay in this R.O.W. by holding the right side on the easterly
course as there are some large trees on the south side of Lot No. 3 that
are in the R.O.W. by 6 ft.±. No clearing is necessary for the northerly
length of the access, 272 ft.±. The cleared width here is about ~8 ft.
The existing present road will average ]2 ft. in width. It was used as
a haul road while the sand pit was in operation and from test holes shows
at least 6" of hard packed sand, gravel and loam.
The easterly length, 280 ft.± has some depressions. The northerly length
has none.
The existing road profiles are satisfactory and there does not appear to
be any drainage problems.
Recommendations:
1. Access roadway width 16 ft.
2. Holes and depressions in the easterly length to be filled with bankrun
gravel, sand and loam.
3. Widen road to 16 ft. where necessary by removing topsoil for 8" and
backfill with 8" of bankrun gravel, sand and loam.
4. Place a 3" crowned compacted top course of 3/4" stone blend or crushed
concrete (re-cycled concrete).
5. An alternate method of construction after filling the depressions
would be to place 4" of crowned stone blend or crushed concrete on the
existing surfaces for the 16 ft. width.
Some provision should be required for turning emergency vehicles at the
end of the access road. Turning can be done where the road turns north
as the present road continues easterly.
Southold Town Board of
Appeals
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCK[
October 6, 1986
Henry S. Saxtein, Esq.
747 East Main Street
Riverhead, NY ll901
Re: Appeal No. 3337 Kimon and Retzos/Reich (280-a)
Dear Mr. Saxstein:
This
taken by
Thursday, October 2, 1986 concerning the. above matter:
RESOLVED, to accept the right-of-way improvements
inspected October 1, 1986 and cqnditioned by.Appeal
No. 3337 in the Mattec of KIMON AND WOODENEiRE~ZOS,
SUBJECT TO CONTINUOUS MAINTENANCE AT ALL TIMES.
letter will confirm that the following action was
the Board o~. Appeals at a Regular Meeting held
as
Vote of the Board~ Ayes: Messrs.
Grigonis, Douglass, Doyen and Sawicki.
was duly adopted.
Goehringer,
This resolution
CC:
Yours very truly,
M nda ~o~a]sk~
~oard Secretary
Mr. David Verity
Mr. Victor Lessard
Building-Department Administrator
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11c9'7~1
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, .JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
June 25, 1985
Mr. Robert W. Gillispie
North Fork Agency
P.O. Box 1112
Southold, NY 11971
III
Re: Appeal No. 3337 - Kimon and Woodene Retzos
Dear Bob:
Attached
determination
date with the
hereto is a copy of the recent findings and
rendered in the above matter and filed this
Office of the Town Clerk.
When improvements have been made, please notify us in
writing in order that we may arrange for a final inspection
and acceptance of same.
If you have any questions, please do not hesitate to
call either our office or that of the building inspector
(765-1802).
Yours very truly,
Enclosure
Copy of Decision to
Building Department
Mr. Victor Lessard
GERARD P. GOEHRINGER
C~I.RMAN .
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71
TELEPHONE (516) 765-1809
April 17, 1985
Mr. John W. Davis
Sterling Road
Cutchogue, NY 11935
Re -
Appeal No. 3337 Kimon and Woodene Retzos
Right-of-Way off the East Side of Rocky Point Road
at East Marion to premises identified as 1000-31-2-10
Dear Mr. Davis:
We have an application requesting approval of access over
a proposed right-of-way to be located off the East Side of
Rocky Point Road along the south side of property now or
formerly of Metropoulos and along the north side of property
now of the Estate of Nowell.
May we have your inspection and report concerning
appropriate improvements for same for emergency vehicles.
We have enclosed copies of the survey and County Tax Map.
The hearing date on this matter has been advertised
for May 2nd.
Thank you for your time and assistance.
Yours very truly,
GERARD P. GOEHRINGER
Enclosures By tinda Kowalski
P.S. In the event you have difficulty finding the location
of this proposed right-of-way, please contact Bob Gillispie
at the North Fork Real Estate Agency, North Road, Southold,
New York (tel. 765-9250-office, or at home 477-0230).
Legal Notices
LEGAL NOTICE
NOTICE IS HEREBY GIVEN,
pursuant to Section 267 of the
Town Law and the Cede of the
Town of Southold, the following
public hearings will be held by
the Southald Town Board of Ap-
peals at the Seuthold Town Hall,
Main Road, Seuthald, NY at a
Regular Meeting, commencing
at 7:30 p.m. THURSDAY, MAY
2, 1985, and as follows:
7:30 p.m. Application for
KIMON AND WOODENE RE-
TZOS, by R. W. Gillispie as
agent, Main Read, Southold, NY
for a Variance pursuant to New
York Town Law, ~ection 280-a,
for approval of acce~ over pti-
rate right-of-way to be located off'
the cast side of Rocky Point Road
along the southerly property line
of land of Metropeulos and over
land of Nowell Estate, to prem-
ises identified as County Tax
Map District 1000, Section 31,
Block 2, Lot 10; and more par-
ticulariy Lots 2 and 3 of Minor
Subdivision No. 81 (1973-Re-
tsos).
7:40 p.m. Application of
BRUCE M. VITALE, 622 Oak
Street, Copiague, NY 11726, for
a Variance to the Zoning Ordi-
nance, Article VI, Section 100-60
for permission to operate a car-
penter shop within existing
building in this B-Light Business
Zoning District. Property Loca-
tion: South Side Sound Avenue,
Mattituck; County Tax Map Dis-
trict 1000, Section 121, Block 5,
Lot 2.
foAB7:45 p.m. Application for ANN
A (by P. Sujeski), 1000 Still-
ater Avenue, Cutchogue, NY
r a Variance to the Zoning Or-
[dinance, Article HI, Section 100-
31, Bulk Schedule, for approval
of insufficient area and width of
lots in this proposed two-lot divi-
0.~ctn located at the South (wes-
rly) Side of Stillwater Avenue,
ogue, NY; County Tax Map
1000, Section 103, Block
t 007.
7:50 p.m. AJ~lication for GUY
SOBERIN~[~ P. Cardinale,
Esq.), Sound~L~nue, Mattituck,
NY for a Variance to the Zoning
Ordinance, Article HI, Section
100-31, Bulk Schedule, for ap-
proval of insufficient area of lots
in this proposed two-lot division
of land located on the North Side
of Sound Avenue, Mattituck,
NY; County Tax Map District
1000, Section 121, Block 01, LOt
3.1.
8:00 p.m. Application for MR.
AND MRS. HOWARD L.
YOUNG (by J. DeReeder), 28545
Main Road, Orient, NY for a
Variance to the Zoning Ordi-
nance, ArClcle III, Section 100-
31, Bulk Schedule, for approval
of insufficient area of two lots in
this proposed three-lot division of
land located on the North Side of
Main Read and the East Side of
Browns Hill Road, Orient, NY;
County Tax Map District 1000,
Section 18, Block 06, LOt 24.
8:10 p.m. Reconvene Hearing
of BAYVIEW DEVELOP-
MENT CORP./SAGE for ap-
proval of insufficient area (and
width) of lots in this proposed
cluster development at 67380
Main HOad, Clreenpert, NY;
County Tax Map District 1000,
Section 53, Block 5, LOts 1, 1.3,
12.3 (at Breezy Shores).
The Board of Appeals will hear
at said time and place any and
all persons desiring to be heard
in each of the above matters.
Written comments may also be
submitted prior to the conclusion
of the subject hearing.
Dated: April 17, 1985.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHR[NGER
CHAIRMAN
By L. Kowalski, Secretary
(516) 765-1809 (alt. 1802)
1TA25-4868
STATE OF NEW YORK )
) SS:
COUNTY OF SUFFOLK )
~NN~ T,E~KAS of Greenport. in
said County, being duly sworn, says that he/she ia
Principal Clerk of THE SUFFOLK TIMES, a Weekly
Newspaoer, published at Greenport, in the Town
of Southold, County of Suffolk and State of New
York, and that the Notice of which the annexed is
a printed copy, has been regularly published in
said Newspaper once each week for one
weeks successively, commencing on the 2 5
dayof A~ril 1985
· ~.% ~\%~3~%%~%/, Principal Clark
~\%~%%~Sworn to before me this __ 2~
'~[~ %*~ dayof April 19 85
ZONINO~ BOARD
, OF APPEALS,
Iv lAIN ROAD
S~O~U,,N~ YO~:
NOnCi tS orr..
EN~ p~rsuant~to sectiOn 267 of.
the Town Law and the Code of
the Town of Soulh~ld, the.
following publin hearings will:
be held by the .seuthMd Town
Board of appeals at the.
Southold Town Hall, Mann.
Road, Southold, NY at a
Regular Meeting. eommenc-'
lng at 7:30 p~m. THURSDAY,
MAY 2, 1985 anc,k'aS' follows:
~ agent, Main Ro~d, Southold, .
~NY for a Vari~n~ p~uant to
~qew York Tow~{,~W Section
over private tJg~'-~f-~aY to be
Rocky Pan~g
southerly .p~g~ ~ pfl~d
of Metrol~'ul~o~ a~d ~er land.
of Nowell .~te, ~ premiss.
identifle41 as Count~ T~x M~ -
2, Lot 10; and ~oi~ ~..
ly Lots 2 ~1:3 ~ ~l~or.
Subdivision No~' ({9~,Ret-'.
ZO$).
BRUCE M. VITALE, 622 Oak'
Street, Copingue, ~. 11726,
for a Variance t° the Zoning
Ordinance, Article VL=~IOn .
00-60 for perm~o oper.
ate .&. ~nt~r s~op' !within.
existing building in this B-.
light business Zoning District ·
Property Location: South'Side ,
Sound Avenue, Mattitucdt;~
County Tax Map {District 10~0,.
Section 121, BIo,~k $, Lot 2.. ~
7:45 p.m. A{~plicefi~ {ne
A~N SAEA (by P. Sak~i),
1000 StBIwater Avenue, Cut.-.
chogue, NY for a Variance to
the Zoning Ordinance, Article
HI, Section 100-31, Bulk Sch-
edule, for approval of inanff-
icient area andwidth of lots in
this proposed two-lot division
io~ated at the South (westerly)
Side of Stillwater ~venue,
Cutchogue, NY; County Tax
Map District 1000, Section
103, Block 07, Lot 007.
7:50 p.m. Application for
GUY SOBERIHG (by P. Card-
inale, Esq.), Sound Avenue,
Mattituck, NY for a Variance
to the Zoning Ordinance,
Article HI, Section 100-31,
Bulk Schedule, for approval of
insufficient area of lots in this
proposed two-lot division of
land located on the North Side
of Sound Avenue, Mattituck,
NY; County Tax Map District
1000, Section 121, Block 01,
Lot 3.1.
8:00 p.m. Aplmlicetion for
MR. AND MRS~ HOWARD L.
yOUNG (by J. De Reeder),28-
545 Main Road, GHent, NY for
a Variance to the Zoning Ord-
inance, Article III, Section
100-31, Bulk Schedule, foe
approval of insufl~einnt area of
two lots in this ~
three-lot division of land locat-
ed on the North side of Mnln
Road and the East side~)f
Browns Hill Road, Orient, NY;
County Tax Map District 1000,
Section 18, Block 06, lot 24.
8:10 p.m. Recenvene Hear-
lng of BAYVIEW DEVELOP-
MENT CORP./SAGE for app-
roval of insufficient area (and
width) of lots in this proposed
cluster development at 67380
,lain Road, Groenport, NY;.;
County Tax Map District 1000,
Section 53, Block $, Lots 1,
1.3, 12.3 (at Breezy Shores).
The Board of Appeals will
hear at said time and place any
and all persons desiring to be
heard in each of the above
matters. Written comments
may also be submitted prior to
the conclusion of the subject
hearing.
-Dated: April 17, 1985
BY ORDER OF THE
COUNTY OF SUFFOLK
SS:
STATE OF NEW YORK
Patricia .Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watchman
once each week for .................. ./. ....... weeks
successively, commencing on the ......... .~...Y. ~ .......
da .... ,19 ..... Q~\
.....
Sworn to before me this ......... .~...~.~ ....... day of
........ ........
Notary Public
BARBARA FORBES
Notar.~ Public, S~ate of New York
No. 4~,6846
/1t~ :'~ ~i ti in SuffoLk County
° ~opies of the Notice of Hearings to the following on or about 4/18/85:
L.I. Traveler-Watchman
Suffolk Times
Town Clerk Bulletin Board
Robert W. Gillispie III as agent for Retzos
Joseph Levorchick, Esq. for Retzos
Mr. Bruce Vitale, 622 Oak Street, Copiague, NY 11726
Mrs. Ann Saba, 93-23 Shore Road, Brooklyn, NY 11209
Mrs. Patricia Sujeski, lO00 Stillwater Avenue, Cutchogue
Philip J. Cardinale, Esq., Drawer W, Jamesport, NY for Sobering
Mr. Guy Sobering, Sound Avenue, Mattituck
Mr. John F. deReeder, 240 Wampum Way, Southold as agent for H. Young
Mr. and Mrs. Howard L. Young, Main Road, Orient
Mrs. Margaret Young, sister-in-law of applicant
Joseph Forchelli, Esq. for Bayview Development/Sage (personally 4/18)
ZBA individual files
ZBA members
ZBA Bulletin Board
V. Lessard
(office)
H. Raynor for Bayview Development/Sage
Southold Town Board of'Appeals
MAIN ROAD- STATE~ ROAD ~.r~ SOUT~IOLD, L.I., N.Y.
APPEALS BOARD
MEMBERS
April 11, 1985
TELEPHONE (516) 765-1809
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, .IR. S · E · Q · R . A .
SERGE DOYEN, JR.
ROBERT J. DOUGLASS NEGATIVE ENVIRON~IENTAL DECLAP~ATION
JOSEPH H. $AWICKI
Notice of Determination of Non-Significance
APPF~L NO.: 3337
PROJECT N~: Kim0n and W00dene Retz0s
April 19, 1985
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
cant adverse effect on the
below.
the within project not to have a signifi-
enviro~ent for the reasons indicated
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: [ ] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Variance requesting approval of access over
a proposed right-of-way due to ]ack of access.
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: Rocky Point Rd. East Marion
#1000-031-02-10 ,
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) Tae property in question is not located within ~00 feet
of tidal wetlandm or other critical environmental mre~.
FOR FURTHER INFOP~ATION, 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
OFFICE OFTHE TOWN CLERK
TOWN OF SOUTHOLD
February 28,
1985
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
To: Southold Town Zoning Board of Appeals
From: Judith T. Terry, Sou~hold Town Clerk
Transmitted herewith is Zoning Appeal No. 3337 application
of Kimon and Woodene Retzos for a variance, with Robert W.
Gillispie III acting as agent. Also included is Notice to
Adjacent Property Owners; letter relative to N.Y.S. Tidal
Wetlands Land-Use; Short Environmental Assessment Form; copy
of application for Certificate of Occupancy; Notice of
Disapproval from the BuildSng Department; and survey.
Judith T. Terry
Southold Town Clerk
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD 9F APPEALS, TOWN OF SOUTHOLD, N. Y. Robert W. Olllispie, III as a~ent for
1, (We).,Kimon..&..W.oodene..Re.1;Zns .......... of Main Road
Nome of Appellant Street and Number
................. S...o.~..t..h..o...]:.~..~ ................................................................. .N..:.~,: ......... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION DATED:ll/26/84~OR: Vacant Land Certificate of Occupancy
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
(X)
( )
Nome of Applicant for permit
of
84-18 143 Street Jamaica N.Y. 11435
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
PERMIT TO BUILD
1 LOCATION OF THE PROPERTY ..R~D~W...of~..R.qck~..~Oi~...~.,...~.8.~..~l~.~9~....~_1
Streef and Hamlet ' Zone
Minor Subdivision for
Kimon & Woodene Retzos OWNER(S): Kimon & Woodene Retzos
.................................................................................Map No. Lot No. ' ...... f~/~iy~b ...........
DATE PURCHASED:
2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance)
Article 16 , Section 280-A
3. TYPE OF APPEAL Appeal is made herewith for
( ) A VARIANCE to the Zoning Ordinance or Zoning Map
A VARIANCE due to !ack of access (State of New York Town Law Chap. 62 Cons La~,s
Art. 16 Sec. 280A Subsection 3
4 PREVIOUS APPEAL A previous appeal ~ (has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such ~ppeol was ( ) request for a special permit
( ) request for a variance
and was m~de in Appeal No ...............................Dated
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
( ) A.Va~iance to ,thc Zoning Ordir~ance
is requested for the reasor~l%at we ~oul.d ~$ke to be able to sell one or both
of the lots in th~ ~inor Subdzvision which are located on the
private rizht-of-w~ shown on the map of this three lot Minor
Subdivision. The applicants request permission to improve to Town
standards a sufficient length and width of the aforementioned right-
of-way to gain approved access to both lots, which is approximately
262 feet of the east/west section of the right-of-way and approxi-
Fmrn ZB1 (Continue on other side)
mately 270 fee~ of the north/south section of the right-of-way.
REASON FOR APPEAL Continued
l, STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because the spplicants would be unable to sell t.~o of
the three lots in their approved Minor Subdivision.
2 The hardship createdis UNIQUE and isnot shared by all properties alike in the immediate
vicinity of this property and in this use district because most of the other lots in
the immediate vicinity of this property~hnve nccess from Rocky Point
Road, which is ~sl town highway.
3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CllARACTER OF THE DISTRICT because the two lots in question Rte located
on an existin~ right-of-way serving other vacant properties in
the vicinity.
5FATE OF NEW YORK
COUNTY OF
ss
Sworn to this .............................................. day of ....... ~..~..C"~"..~r~.,.~.. ......... -....' ...... 19
LINDA F. KOWALSKI
~ . j~ ~ ~ ' /;OTARY PUBLIC, St;re ~:f r4ew York
Commission Expir~ March 30, 1~
I~IOARD OF APPEALS. TOWN OF SOUTHOLD
In the Matter or' the Petition of
Kimon & Woodene Retzos
to the Board of Appeals of the Town of Southold
TO:
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice]
Variance due to lack of access. ).
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: e/s Rocky Point Road. East Marion~ New York
SCM # 1000-031-02-10
3. That the property which is the subject of such Petition is located in the following zoning district:
A-1 Ret~identis1
4. That by such Petition, the undersigned will request the following relief:
Approval of access
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article Section
IX] Section 280-A, New York Town Law for approval of access over right(s)-of-way.
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there
examine the same during regular office hours. (516) 765-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such.
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
Dated: February 26, 1985
Robert W. Gillispie~ III as agent
Petitioner Kimon & Woodene
Owners'Names: Retzos
Post Office Address
~ The North Fork A~enc.v
P.O. Box 1112
$outhold, New York 11971
NAME
PROOF OF MAILING OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
L~ I ~ I°- I°- ~g6~.'qe::l O0~C ,Hog Sd )
., cERTIFIED MAIL
. ,NGGRANCE COVERAGE PROVIOED
NOT FOR iNTERNATIONAL MAIL
(See Reverse)
eet and No.
p 565 487 489
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIOED
NOT FOR iNTERNATIONAL MAIL
(See Reverse)
~86~ 'qed 'OOB£ wJo-I Sd I
1985
STATE OF NEW YORK )
COUNTY OF SUFFOLK)
being duly sworn, depos
, (c~(registered) mail.
of ~-P_~3¢~.~o.~.~ , 19 ~ , deponent mailed a true copy
verse side hereof, directed to each of the above-named persons at the address~
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 Southotd; that said Notices were mailed at the United States Post Of-
fice at ~C)L.~"~'~ 0 ~C~ ' ; that said Notices were mailed to each of said persons by
LINDA F. KOWALSK!
NOTARy PUBLIC, State of New Yott
No. 52-4524771
Sworn to before me this C2~"~~'j~
dayof ~..~_~l%£~LCtV~ ,19 ~'
Notary Public
(This side does not have to be completed on form transmitted to adjoining
property owners.)
FORM NO. 6
TOWN OF SOUTHOLD
Building Department
Town Hall
,~;=uthold, N.Y. 11971
APPLICATION FOR CERTIFICATE OF OCCUPANCY
BLDG. DEPT.
TOWN OF SOUTHOL D
Instructions
A. This application must be filled in typewriter OR ink, and submitted, ia:~q~l~to the Building Inspec-
tor with the following; for new buildings or new use:
1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual
natural or topographic features.
2. Final approval of Health Dept. of water supply and sewerage disposal-(S-9 form or equal).
3. Approval of electrical installation from Board of Fire Underwriters.
4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa-
tions, a certificate of Code compliance from the Architect or Engineer responsible for the building.
5. Submit Planning Board app,'oval of completed site plan requirements where applicable.
For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing"
land uses:
1. Accurate survey of peoperty showing all property lines, streets, buildings and unusual natural or
topographic features.
2. Sworn statement of owner or previous owner as to use, occupancy and condition of buildings.
3. Date of any housing code or sefew inspection of buildings or premises, or other pertinent informa-
tion required to prepare a certificate.
Fees:
1. Certificate of occupancy $5.00 /
2. Certificate of occupancy on pre-existing dwelling/ land use
3. Copy of certificate of occupancy $1.00
--Fre-Existing C.O. $15.00
Vacant land C.O. $ 5.00
New Building ............. Old or Pre-existing Building ............ Vacant Land .............
Location of Property ...................................................................
House No. Street Ham/et
Owner or Owners of Pro~ert~ .........................................................
CounW Tax Map No. 1000 Section .... :~.1 ........ ~iock ...... % ....... Lot ..... /.9 ........
Subd,~,~,on' ~.~X,~a~*l~q~ . ....... HbO ~ap ~o.~Xx~.~< ..... tot ~ ~ ~
Permit No ........... Date of Permit .......... Applicant ..................................
Health Dept. Approval ........................ Labor Dept. Approval ........................
Underwriters Approval ........................ Planning Board Approval ......................
Request for Temporary Certificate ..................... Final Certificate .......................
Fee Submitted $.. ~.,..0.O. .....................
Construction on above described buildin§ and permit meets all.~pplicabl~ codes and regulations.
Applicant...~...-~. ~..~....~.~.~.'../.¢~ .................
...,a.,o-,. ' "
QUESTIONNAIRE TO BE COMPLETED AND FILED WITH APPLICATION TO THE Z.B.A.
The New York State Tidal Wetlands and Use Regulations, 6 NYCRR, Part 661, requires
an application to the N.Y.S. Department of Environmental Conservation, Environmental
Analysis Unit, Building 40, S.U.N.Y., Stony Brook° NY 11794, (tel. 516-751-7900), if
you have checked Box #1 and/or Box #6 below. Please either call their office or
personally visit them at their Stony Brook office for instructions and application
forms. Once you have received written notification of approva please provide our
office with a copy (with the conditions) as early as possible in order that we may
continue processing your Z.B.A. application.
[ ] I. Waterfront without bulkheading
[ ] 2.
i ] 3.
I I
Waterfront with bulkheading in good condition
[ ] the full length of the property
[ ] at least 100' in length
Not located within 300' of waterfront or wetlands area
May be located within 300' of waterfront or wetlands area; however,
the following structure separates my property from this environmental
area:
50' existing road
existing structures
bluff area more than 10' in elevation above mean
sea level
[ ]
5. This proposed addition/expansion of an existing building will be more
than 75' from the landward edge of tidal wetlands/waterfront areas.
! ]
IXl
6. This proposed addition/expans~ of an existing building will NOT be
area.
7. None of the above represent[r~,
Kimon & Woodene Retzos
2-25-~5
Please be aware that any and all subdivisions and new dwellings will also require an
application to the N.Y,S, Department of Environmental Conservation for their review
and approval, If you are able to provide them with recent photograpl~s of tile
project and wetland areas, it would help expedite the processing of your applica-
tion.
This questionnaire is made to explain the requirements of this State Law and to
prevent any unnecessary delays in processing your applicationls}.
The ;;.Y.S. [.qv,ronmen(al Quati:.y ;<cvi,:w /..cf, requ~re.s sub-
mission of this rm, arid an environ~en[d view will be
made by this b before any action is t
SHORT m' ~'
-N II1'{0, ,,ENL'IL ASSESEM~;fT F99J~
'LISTR UCT~C~ S t
(a) In order to answer the questions in this short EAF is is assumed that the
preparer will use c,.'rren~ly available lnform~tion concernin~ the ~roJ~ct and t~
l~ely ~cts of the ~c~io~.
or o~her lnvesti~sticns w~ be ~derta~en.
~b) I~ ~ny que~tio~ has
completed Enviro~m~ntal Assessment ~o~ Is necessary'.
(c) If ~li questions have bee~ answered
nc~ ~i~nificant.
(d) ~vircr~en~al Assessment
1. W~l project reset
to the project site or physically alter more
2. Will there be a major change to any unique or
unusual land form found on the site? · . . , .
3. Will project alter or have a large effect on
an existing body of water? · , · , , · · · , ·
Will project have a potentially large impac~ on
groundwater quality?
Will project significantly effect draknage fl~w
6. Will project affect any threatened or endangered
plant or an~rzl species? · , . o o , · , , · ·
7. Will project result in a major adverse effect on
air quality? , , , , , , , · , · · ·
Will project have a m~Jor effect on visual char-
acter of the co~munity or scenic views or vistas
knawn to be important to the com.~unity? , · ·
Will project adversely impact any site or struct-
ure of historic, pre-historic, or paleontological
importance or any site designated as a critical
environmen~l area by a local agency? · · ·
10. Will project have a major effect on existing or
future recreational opportunities? · · ·
11.
Will project result in major traffic problems or
cause a major effect to existing transportation
12.
Will project regularly cause objectionable odors,
noise, glare, vibration, or electrical disturb-
ance as a result of the project's operation? .
13. Will project have any impact on public health or
sa£ety? · , , , · · · · , · ,
lA. Will project Affect the existing community by
directly cauein~ a ~rowth xn permanent popula-
tion of more t~an 5 percent over a one--year
period or have a major negative effect on the
charac%~-~ of the com.~unity cr neA~nborhooo?. ,
15. Is there~~t~.~ e~ncern~,~he project?
PREP~RER'$ ~ '
Yes ~ No
Yes, ~, No
Yes ~ No
Yes ~ No
Yes X No
, Yes ~ No
¥~a X No
Yes X No
Yes ._X__ No
Yes X No
Yes X NO
Yes X
Yes X No
Yes X ~o
Yes X No
TITLE: AS 8~en%
OATS: 2-25-8~
Southold Town Planning Board
- 4
May 30, 1973
prejudicing anybody, after the effective date of the new
amendments we will take action. The Planning Board is
simply advising at this time. Mr. Bruer said his clients
appreciate the Board doing this, but he must express the
wishes of Mr. Donovan and request that the Board proceed
now in the normal course. Mr. Wickham said the Board will
take no action tonight except to notify you. Mr. Bruer
said he knows of no future action his clients intend to
take except that they do desire a determination, and that
whatever recommendation is made that it be in writing.
Mr. Raynor told Mr. Bruer that the Board is going to have
the Town Engineer, Mr. Bage, look at the maps and ask his
opinion. Mr. Bruer said there is no objection to that.
Mr. Bruer said he thought as a matter of law the old
Ordinance would be in effect but he did not know. The
Chairman said a letter would be sen~, but that the Planning
Board has no authority to approve anything other that what
is in force at the time of the final hearing.
Mr. Bruer~also submitted to the Board maps for the
minor subdivision of Kimon Retzos, approved by the Health
Department.
On motion of Mr. Moisa, seconded by Mr. Coyle, it
was
RESOLVED that the minor subdivision map for Kimon
Retzos at East Marion be approved and the Chairman is
authorized to sign the map.
Vote of the Board: Ayes: Messrs. Moisa, Coyle, Grebe,
Raynor, Wickham.
The secretary to Mr. Harold Reese appeared before the
Board on his behalf in regard to Harbor Lights Subdivision.
Mr. Wickham read the two letters received from Mr. Reese
dated May 21, 1973, in regard to Harbor Lights Sections 1, 2,
3, 4 and 5. Mr. Wickham asked Mr. Reese's secretary to
inform him that as late as today the Town Attorney has said
that irregardless of preliminary approval a developer must
meet the Zoning Ordinance as amended at the time of the
final hearing. Sections 4 and 5 will have to come to one
acre zoning. The Planning Board has no authority to do
otherwise. The Board would like Mr. Reese to come before
the Board and discuss this. The Board would suggest that he