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HomeMy WebLinkAbout3413 Old North Road Suutiluld, ~' Antone Grigonis, 10/3/85~3~ Approval of acess ROW 55 2 8.1 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. 34]3 Application Dated 0ct0ber 3, ]985 TO: Mr. Robert Grigonis for MR. ANTONE GRIGONIS, JR. P.O. Box 1232 Southold, NY 11971 (Public Hearing 10/24/85) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on November ]4, 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 of ANTONE GRIGONIS, JR. Appeal No. 3413. Variance pursuant to New York Town Law, Section 280A, for approval of access over private right-of-way located off the South Side of Old North Road, Southold, NY, to premises in this proposed set-off division a distance of 655 feet, identified on the Suffolk County Tax Maps as District 1000, Section 55, Block 2, part of Lot 8.1. WHEREAS, a public hearing was held and concluded on October 24, in the Matter of the Application of ANTONE GRIGONIS, OR. under Appeal No. 3413~ and 1985 WHEREAS, the board members have personally viewed and are familiar with the premises in question and the surrounding area; and WHEREAS, the board has considered all testimony and documentation submitted concerning this application; and it is noted for the record that there has been no public opposition; and WHEREAS, the board made the following findings of fact: 1. The property to which appellant is requesting approval of access to is located in an "A-80" Residential and Agricultural Zon- ing District and is a part of premises owned by the applicant of 80,000 sq. ft. in area, to be set off from a ll.49-acre parcel, known and identified on the Suffolk County Tax Maps as District 1000, Section 55, Block 2, part of Lot 8.1. 2. The right-of-way in question is situate along the south side of Old North Road, Southold, and extends in a southerly direc- tion a length of 650.64 feet (435.50 and 215.14 feet) as shown on survey amended October 10, 1985, prepared by Roderick VanTuyl, P.C. 3. The present traveled portion of the subject right-of-way is on original ground, 8± feet in width, and is about 500 feet in length before turning to the right and out of the 50-foot right-of-way. The existing profile for the first 500 feet is fairly level; the remaining profile, 150+ feet in length, gradually rises to about (CONTINUED ON PAGE TWO) DATED: November 2l, Form ZB4 (rev. 12/81) 1985. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 3413 Matter of ANTONE GRIGONIS, JR. Decision Rendered November 14, 1 985 four feet higher at the end of the 650-foot RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK Town Clerk, Town of ength. 4. Submitted for the record is a copy of deed dated August 18, 1973 which indicates that reservation is made to Antone J. Grigonis, Jr. and Estelle Grigonis, their heirs, legal representatives and assigns, the right to use the subject 50-foot wide right-of-way. 5~ After inspection and reinspection, it is the opinion of the board members that improvements are necessary to provide suitable access as required by New York Town Law, Section 280-a, for emergency and other vehicles (as noted below). In considering this appeal, the board agrees with the reasoning of appellant since: (a) the relief requested is not substantial; (b) there will be no substantial change in the character of this district ; (c) the relief as conditionally granted will not cause a substantial effect or detriment to adjoining properties; (d) the circumstances of this appeal are unique and there is no other method feasible for appellants 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. Sawicki, seconded by Mr. Douglass, it was RESOLVED, that the relief nequested.under Appeal No. 3413 in the Matter of the Application of ANTONE GRIGONIS, JR. as required by New York Town Law, Section 280~-~a; BE AND HEREBY IS APPROVED 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; and 2. The right-of-way shall have an improved width of 15 feet for the entire 650 feet in length, improved as follows: (a) First 50' in length, no excavation is required, and placement of four inches [4"] of stone blend/bank run mixture [20% gravel] and two inches [2"] stone blend or crushed, recycldd concrete; (b) Remaining 600 feet in length shall be excavated four inches [4"] deep (entire 15' width) and replaced with four inches [4"] gravel bankrun (20% gravel mixture); 3. These improvements shall be maintained at all times in good, satisfactory condition; 4. That the Zoning Board of Appeals may make any reasonable exception as in its judgment it deems appropriate under the circum- stances concerning acceptance of the improvements of this right- of-way; 5. This 280-a variance with conditions is not to be recog- nized as approval of access for any other lots which may be established in any future set-off divisions or subdivisions, unless so recommended in writing by the Building Inspector and filed with the Office of the Board of Appeals. Vote of the Board: Ayes: Messrs. Goehringer, Douglass, Doyen and Sawicki. (Member Grigonis abstained.) This resolu- tion was adopted by a majority of all the members present. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H, SAWICKI $outhold Town Board of Appeals IV'lAIN ROAD-STATE ROAD 2.5 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, OCTOBER 24, 1985, and as follows: 7:35 p.m. CLIFFORD CORNELL - Appeal No. 3410. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to locate proposed single-family dwelling structure with an insufficient rearyard setback, premises identified on the Suffolk County Tax Maps as District lO00, Section 48, Block 2, Lot 9; located on-the North Side of Flint Street, Greenport, NY; Greenport Driving Park Map No. 369, Lot 84. 7:40 p.m. JOHN J. HAAS Appeal No. 3404. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory garage structure in the frontyard area, premises identified on the Suffolk County Tax Maps as District lO00, Section 141, Block 2, Lot 15; 3325 C.R. 48, Mattituck, NY. 7:45 p.m. ANTONE GRIGONIS, JR. - Appeal No. 3413. Variance pursuant to New York Town Law, Section 280A, for approval of access over private right-of-way located off the South Side of Old North Road, Southold, NY, to premises in this proposed set-off division a distance of 655 feet, identified on the Suffolk County Tax Maps as District 1000, Section 55, Block 2, part of Lot 8.1. 7:50 p.m. PETER AND HELEN PURIC - Appeal No. 3415. Variance P~ge 2 - Legal Notic~6f Hearings Southold Town Board of Appeals Regular Meeting of October 24, 1985 to the Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule, for permission to construct addition which exceeds the maximum- permitted 20% lot coverage requirements (and with insufficient total sideyards and reduction of the northerly sideyard as applied under Appeal No. 3401), premises known as 1250 Second Street, New Suffolk, NY; County Tax Map District 1000, Section ll7, Block 7, Lot 23. 7:55 p.m. PETER AND HELEN PURIC - Appeal No. 3401. (recessed from October 3, 1985). 1250 Second Street, New Suffolk, NY. 8:00 p.m. STAMATIOS AND ELENI RAPANAKIS - Appeal No. 3405. Variance to the Zoning Ordinance, Article XI, Section lO0-118(D) permission to reinstate nonconforming two-family dwelling use at 2030 Boisseau Avenue, Section for Southold, NY; County Tax Map District 1000, 55, Block 6, Lot 40. 8:05 p.m. FRED SCHOENBAECHLER Appeal No. 3414. Variance the Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule, for approval of the construction of dwelling structure with an insufficient frontyard setback from the east property line, premises known as 950 Gagen's Landing Road (a/k/a 2325 Clearview Avenue), Southold, NY; County Tax Map District lO00, Section 70, Block 10, Lot 24. to The Board of Appeals will hear at said time and place all persons desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of ~he hear- ing in question. For more information, please call 765-1809 (alt. 1802). Dated: October 3, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL .... .~.~r~.~.~.~./.~.~ ....... PLEASE TAKE NOTICE that your application dated.~ ..... O~.....C ......... O , for permit to ~¢-,-~..: ./~.t: .~./../~: .~.....-~..~_~ .~...("~'~.. ..................... at Location of Property ........ P.g...~./d...~,~.' .~.../~...Off-..--~.~.: ~o7/Io~ -~. House No. ' St~t Hamlet County Tax Map No. 1000 Section . .Q~ .... Block .. ~ ....... ~t ~.~. / ..... Subdivision ~ Filed Map No. Lot No. ' ~ is returned herewith and disapproved on the following ground~~5~.. ~. ~d. ....... .......... .... ..~.&~.~ .... oz..~/.~~..·/~... ............ Building Inspector RV 1/80 p. ECEIVED TOWN OF SOUTHOLD, NEW YORK T~ ~¥'~ ~n~AL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ., ./.0.,.?....~,, ,~....~..,. ,,~. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ....... ~...~. p...~.. ?..~..?......, .~.. ,~', .~.o...w. / .5 ........... of ................. . .~ ~ A...../..~...~....~.. ............................... Name of Appellant Street and Number ................... ..~.,~..?..,~...~...,c?..~.ffD.. ................... .,~...L.f/., ......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ......... ,~...,'T....~.....O.....~....~......-~... ....... WHEREBY THE BUILDING INSPECTOR DENIED TO .......... ........ Name of Applicant for permit S.' of ...... ..~....~..~.../..~...~;~. ........................ .o.. ,.~....~...~...o.. ~..O,. ................. /...~.b. , ............... Street and Number Municipality State ,z () PERMIT TO USE ( ) PERMIT FOR OCCUPANCY o~-O ..~..o~?~ ~'D S;d/l~ g 'Zo~ 1. LOCATION OF THE PROPERTY ............................................................ ~.....¢.~L~.J! .................. ~ Street Use District on Zoning Map ......... ~.~.?. ............. ?...~.. ............ ~...~.,../. . /v~op No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map (,~) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (h_hos not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... (×) ) ) ~s requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ~ot~ ~t (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because CHARACTER OF THE DISTRICT because ,~ /s ~ '"~- s /;2 ~-,~'~ ,~c..- ~ The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF N.E'~?YORK ) ss COUNTY 0 k"~'/~ ) Sworn to this ..............................................day of ........................................................ 19 Notary Public OWNER FORMER OWNER OF SOUTHOLD PROPERTY ,~STREET VILLAGE RECORD DIST.; ACR. I CARD sue. RES. SEAS. ! VL. LAND IMP. i TOTAL (,] FARM / I CAMM: CB. MICS. LOT TYPE OF BUILDING Mkt. Value b// /~' DATE ] REMARKS AGE ON WATER FRONTAGE ON ROAD BUILDING CONDITION NEW NORMAL i BELOW ABOVE '/"ARM Acre Value Per ' Value ~-~_~ '"" ! Acre I ' .,~, ? 7 '-~'/' FRONTAGE Mead'owtand r , DE-t~H ~ r; £' (.~ (; ~,.~. /~:~ ~-/ House Plot BULKHEAD DOCK NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Seuthold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meet- ing commencing at 7:30 p.m. on THURSDAY, OCTOBER 24, 1985, and as follows: 7:35 p.m. CLIFFORD COR- NELL - Appeal No. 3410. Vari- ance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to lo- cate propesed single-family dwelling structure with an insuf- ficient rearyard setback, prem- ises identified on the Suffolk County Tax Maps as District 1000, Section 48, Block 2, Lot 9; located on the North Side of Flint Street, Greenpert, NY; Green- pert Driving Park Map No. 369, Lot 84. 7:40 p.m. JOHN J. HAAS - Appeal No. 3404. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to Town Law, Section 280A, for ap- ~_District 1000, Section 55, Block ~, part of Lot 8.1 HELEN PURIC - Appeal No. dinance, Article III, Section 100- Street, New Suffolk, NY; County 8:00 p.m. STAMATIOS AND dinance, Article III, Section 100- of the construction of dwelling 950 Gagen's Landing Road (a/Ma. old, NY; County Tax Map Dis- trict 1000, Section 70, Block 10, Lot 24. The Board of Appeals will hear at said time and place all persons desiring to be heard in each of the above matters. Written corn- ments may also be submitted prior to the conclusion of the hearing in question· For more in- formation, please call 765-1809 (alt. 1802). Dated: OcWber 3, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN 1TO17-5040 STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is · printed copy, has been regularly published in said Newspaper once each week for one weeks successively, commencing on the ~.? dayof OcLober 19 85 Principal Clerk ' Sworn to before me this yof ' / 19 ~ ,mN~, NOTICE IS HEREBY GIV- EN, 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 Sonthold Town Hall, Main Road, Southold, N.Y. at a Regular Meeting commenc- lng at 7:30 p.m. on THURS- DAY, OCTOBER 24. 1985, and as follows: 7:35 p.m. CLIFFORD COR- NELL- Appeal No. 3410. Var- lance to the Zoning Ordinance, Article III, Section 100.31, Bulk Schedule, for permission to locate proposed single-faro. ily dwelling structure with an insuffficient rearyard setback, premises identified on the Suf- folk County Tax Maps as Dis- tdCt 1000, Section 48, Block 2, Lot 9; located on the North Side. of Flint Street, Green- port, NY; Greenport Driving Park Map No. 369, Lot 84. 7:40 p.m. JOHN J. HAAS- Appeal No. 3404. Variance to the Zoning Ordinance, Article III, Section 100-32 for permis- sion to locate accessory garage structure in the frontyard area, premises identified on the Suf- folk County Tax Maps as Dis- trict 1000, Section 141, Block 2, Lot 15; 3325 C.R. 48, Mufti- tuck, N.Y. 7:45 p.m. ANTONE GRI- GONIS, JR.- Appeal No. 3413. Variance pursuant to New York Town Law, Section 280A, for approval of access over privat~ right-of-way located off the South Side of Old North Road, Sonthold, NY, to pre- raises in this proposed set-off division a distance of 655 feet, ! identified on the Suffolk Court- · ty Tax Maps as District 1000, ~ Section 55, Block 2, part of Lot ~8.1. ~. 7:50 · p.m. PETER AND HELEN PDRIC- Appeal No. 3415. Variance to the Zoning Ordinance, Article 111, Section 100-31, Bulk Schedule, for per- mission to construct addition which exceeds the maximum- permitted 20% lot coverage requirements (and with the insufficient total sideyards and reduction of the northerly side- yard as al~plied under Appeal No. 3401), premises known as 1250 Second Street, New Suf- folk, NY) County Tax Map District 1000, Section 117, Block 7, Lot 23. 7:55 p.m, PETER AND HELEN PURIC- Appeal No. 3401. (recessed from October 3, 1985). [250 Second Street, New Suffolk, NY. 8:00 p.m. STAMATIOS AND ELENI RAPANAKIS- Appeal No. 3405. Variance to the Zoning Ordinance, Article XI, Section 100-118(D) for per- mission to reinstate noncon- forming two-family dwelling use, at 2030 Boisseau Avenue, Southold, NY; County Tax Map District 1000, Section 55, Block 6, Lot 40. 8:05 p.m. FRED SCHOEN- RAECHLER- Appeal No. 3414. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for ap- proval of the construction of dweBiag structure with an in- sufficient frontyard setback from the east property line, premises known as 950 Gag- en's Landing Road (a/k/a 2325 Cleatview Avenue), Southold, NY) County Tax Map District 1000, Section 70, Block 10, Lot 24. The Board of Appeals will hear at said time and place all persons desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclu- sion of the hearing in question. For more information, please D~te~ October 3, 1985: BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN 1 T-10/17/85(6) 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 .......... : ........... day /-7 Sworn to before me this ........ '..: .......... day of ..... ......... , Notary Public BARBARA FORBES No'a7 Public, State of New York No. 4806846 Qualified in Suffolk County Commission Expires March 80, 19 A~c MAIN RnAD- STATE Er'lAD 25 SDUTHrlLD, L.I., N.Y. 11971 TELEPHONE (.516) 765-180g APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, .IR. ROBERT J. DOUGLASS JOSEPH ~. SAWlCKI November 21, 1985 Mr. Robert Grigonis P.O. Box 1232 Southold, NY 11971 Re: Appeal No. 3413 - ADtane Grigonis, Jr. (Variance 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~ 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 CHAIRMAN By Linda F.. Kowalski Secretary M-2755 CONSULT YOUR LAWYER MII~RE SIGNING THIS INSTRUMENT--THIS INSTI~ENT SHOULD BE USED BY LAWYERS OI41. THIS INDENTURE, made the 18t_~tayh of August , nineteen/~ndred and seventy-three BE'I%V~-I:N /iNTONE J. GRIGONIS, JR. and ESTELLE GRIGONIS, his wife, both residing at (no number) Younga Avenue, Sou~hold, New York 11971 residing at and JOl~q GILOWSKI, residing at 25-55 45th Street, Astoria, party of the second pa~, Wl'l'flE..~Sl~-l'fl, that the pa~y of the first part, ill consideration of - 77 Country Village New York - - -TEN AND ~10/]O0 .-dollars, lawful money of the United States, sad other good and valuable consideration paid by the party of the secood part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of tile party of the second part forever, ALL that c~'rt.aln plot, piece or p~.rcel of land, with tile huildings and improvements thereon erected, situate, lyim, andbeing~#~ at Southold, In the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at s noint on the southerly line of Old North Road at the tnter~ection of the northwesterly corner'of the premises herein described with the northeasterly corner of land now or formerly of Stanley S. Stone and wife% Running thence along said ]and of Stone South ~ degrees 29 minutes 10 seconds West a d~stance of 435.50 feet; Running thence along other land of the seller South 5 degrees 09 minutes 10 seconds West a distance of 457.12 feet; Running thence along land now or formerly of Carroll, South 5 degrees 39 minutes l0 seconds West a distance of 3]5.0 feet; Running thence still along land now or formerly of Carroll North 79 degrees 02 minutes 10 seconds East a distance of 375.18 feet to land now or formerly of Palmer; Running thence along said land now or formerly of Palmer, North 5 degrees 53 minutes 20 seconds East a distance of 1107.98 feet to the southerly side of Old North Road; Running thence along said Southerly side of Old North Road, North 86 degrees21 minutes 30 seconds West, a distance of 217.06 feet to land formerly of Daly; Running thence along said land South 4 degrees 29 minutes 10 seconds West a distance of 200.0 feet: Running thence, still along said land, North 86 degrees 21 minutes 30 seconds West a distance of 110.0 feat; Running thence still along said land now or formerly of Dsly, North 4 degrees 20 minutes 10 seconds East a distance of 200.0 feet to the southerly line of Old North B~ad; Running thence along said southerly side of Old North Road, North 86 degrees 21 minutes 30 seconds West a distance of 26.20 feet: Running thence still along said southerly side North 73 de- grees 16 minutes 40 seconds West a distance of 24.35 feet to the point or vlace of BEGINNINg. TO(i~'-Ti'IF_~ with all r~ title and interest, if any, of the party of Ofirst part in and to any streets and roads abutting the above described premises to the center lines thereof,- TOC~THF..R with the appurtenances and all the estate and rights of the party of the first part in and to said premises, ~O HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. RES~VING, however, to the party of the first part, their heirm,) legal representatives and assigns, the right to the use of a 50 foo~ wide road, on the westerly side of the property extending from Old North Road, southerly about 893 feet (to be used in common with and for the benefit of adjacent land of the party of the first part,f and for ingress and egress to and from the public highway and for installation, maintenance, repair and replacemen~ of public utllity~ lines, pipes, wires and conduits on, below and above same. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in cmnpliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall he construed as if it read "parties" whenever the sense of this indenture so requires. ]lh[ ~¥1'l'lff~,~ ~V~,~I~..OF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE (Antone J. Grigonis, (Es te 1 leA. Gr i goal s ) Jr. ) (L.S.) To: From: Re: Gerard P. Goehringer, Chairman Southold Town Board of Appeals John W. Davis Report No. 487 Date: October ]5, 1985 Appeal No. 34]3 - Antone Grigonis, Jr. Right-of-Way off s/s Old North Road, Southold Comments: The present traveled way is on original ground, 8 ft.± in width, and is about 500 ft. in length before turning to the right and out of the 50 ft. R.O.W. The existing profile for the first 500 ft. is fairly level. The remaining profile, ]50 ft;± in length, gradually rises to about 4 ft. higher at the end of the proposed 650 ft. access road. Recommendations: 1. Road width to be 15 ft., centered in the 50 ft. R.O.W. 2. Where clearing is necessary and less than 25 ft., clear for 25 ft. 3. Grade the road width to correct low areas and ruts. 4. Road construction: Remove topsoil for a depth of 8" and backfill with 8" of sand and gravel bankrun (gravel content to be 20%). Surface the bankrun with a 2" compacted depth of 3/4" stone blend or recycled concrete (crushed concrete). There does not appear to be any drainage problems with the above improved road construction. John W.' Davis ( )~Agenda Item for (~ Z~.~. r,?fr ~on/!~cmbcrs copies (~ :-'' .... .., ?~ As~nt ( ~6. i~i~- ~'~ ~" ~'~' :- ' "' :,ii ~, file ( ) Co~cnt~ or Reply TO ,D S~ Southold, N.Y. 11971 (516) 765-1938 October 9, 1985 Mr. Robert Grigonis P.O. Box 1232 Southold, NY 11971 Re: Set-off for Antone Grigonis, Jr. Dear Mr. Grigonis: The following action was taken by the Southold Town Planning Board, Monday, October 7, 1985. RESOLVED that the Southold Town Planning Board approve the set-off for Antone Grigonis, Jr. for a two-acre lot located off a right-of-way from Old North Road, Southold subject to the following conditions: 1. Access approval (280-a) from the Board of Appeals. 2. Article 6 approval from the Suffolk County Department of Health Services regarding the water and sewer, Enclosed is a copy of the code regarding Article 6; and ifyou have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD ~ard of Appeals By Diane M. Schultze, Secretary Southold Town Board o£ Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 1197] TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI October 7, 1985 Mr. John W. Davis Sterling Road Cutchegue, NY 11935 Re: Appeal No. 3413 - Antone Grigonis, Jr. Right-of-Way off S/s Old North Road, Southold Dear Mr. Davis: We have recently received an application for approval of access over a private right-of-way located off the South Side of Old North Road, Southold, along property now or formerly of Lillis, for access to premises of Antone Grigonis, Jr. Enclosed is a copy of the July 15, 1985 survey depict- ing the right-of-way in question. May we have your inspection and report for this right-of- way for the first 651 feet? Thank you again for your time and assistance. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowatski Enclosures Southold, N.Y. 11971 (516) 765-1938 August 28, 1985 Mr. Robert Grigonis P.O. Box 1232 Southold, NY 11971 Re: Set-off for Antone Grigonis Dear Mr. Grigonis: The Southold Town Planning Board reviewed the above application at the meeting of August 26, 1985. The Board will conduct a field inspection prior to any further action on the proposal. It was noted, however, that since the right-of-way is outside the metes and bounds of the subdivision, it will require 280-~ access, approval from the Board of Appeals. Please see the Building Department for the forms and procedure on applying to the Board of Appeals. If you have any questions, please don't hesitate to contact our office. Board of Appeals y yours, . ~ BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary Southo!d Town Board of Appeals MAIN ROAD STATE ROAD 2=' SOUTHOLD, L.I., N.Y. 13=J71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI October 25, 1985 Mr. John W. Davis Sterling Road Cutchogue, NY 11935 Re: Appeal No. 3413 - Antone Grigonis, Jr. Right-of-Way Off S/s Old North Road, Southold Dear Mr. Davis: During the public hearing held last night in the above matter, it was brought to the board's attention that there may be a base of packed rocks to an unknown depth. · May we ask your assistance in taking test holes some time at your convenience. Thank you for your time. Yours very truly, Enclosure GERARD P. GOEHRtNGER CHAIRMAN ~. ~L~l n~a ~o~wa 1 s k i Southold Town Board of Appeals MAIN ROAD- STATE ROAD ~-5 SOUTHOLD, L.I., N.Y. 11971 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI TELEPHONE (516) 765-1809 October 24, 1985 S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.3413 PROJECT NAME: Robert Grigonis for ^nt0ne Gri§0ni$, Jr. 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 m~y also have an application pending for the same or similar project. TYPE OF ACTION: [ ] Type II [X~ Unlisted [ ] DESCRIPTION OF ACTION: 280A ~ ^D~r0va] of access over private right-of-way. LOCATION OF PROJECT: Town of Southold, County of particularly known as:Old North Road, Sonthold, NY s~ffolk, more 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) This variance is not re~ated to new construction. (3) The property in question is not located within 300 feet of tidal wetlands or other critical .enviYonmental area. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town }{all, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to th~ applicant or his agent and posted on the Town Clerk Bullekia Board. br Page 3 Notice of Hearings Southold Town Board of Appeals Regular Meeting of October 24, 1985 Copies to the following 10/9/85: Mr. Clifford Cornell, Box 823, Southold, Mr. Robert Grigonis (for Antone Grigonis, Mr. John J. Haas, 3325 C.R. 48, Box 321, Earl T. Miles, Esq. (Re: Puric), Box 961, Mr. and Mrs. S. Rapanakis, 2030 Boisseau Mr. John Bertani (for Mr. Schoenbaechler, NY 11971 Jr.), Box 1232, Southold, NY Mattituck, NY 11952 Riverhead, NY ll901 Avenue, Southold, NY 11971 345 Colonial Road, Southold, NY Town Clerk Bulletin Board ZBA Bulletin Board (office) Building Inspectors Individual ZBA Files ZBA Members JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 3, 1985 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: From:. Southold Town Zoning Board of Appeals Elizabeth A. Neville, Deputy Town Clerk Transmitted herewith is Zoning Appeal No. 3413 application of Robert Grigonis on behalf of Antone Grigonis~ Jr. £or a variance. Also included is notification to adjacent property owners; Negative Declaration on the environment by the Southold Town Planning Board; and survey. El i~zabeth A. NeVille Deputy Town Clerk RECEIVED TOWN OF SOUTHOLD, NEW YORK ~ ff*'~ StI~I~ILIAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~,~Z~.,/.~ DATE ..,/. ?. ~... ?.. 2.. ~....-~.... 1, (We) ...~...~-~ 5/¢('-.~',~. of ~'~ 1~' ~- Name of Appella. nt Street and Number .................................................................................................... /......f/ ...... HEREBY APPEL TO Municipolity Stot~ THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ............ ~...~.....~....O....~.....~...~... ....... WHEREBY THE BUILDING INSPECTOR DENIED TO , ........................... ~ .... /(.~'~/'5 .~. AlE Name ~[ '~'l~ant"~"~'~ .... Street and Number Municipality State () PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .................................................. )...~.:~.~,~..,~ ............... ¢......~,~ .... Street Use District on Zoning Map ........ ........................ ......... /v~op No. Lot No. 2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such 6ppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... (~) ) ) ~s requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ~'onn z~! (Continue on other side) REASON FOR APPEAL Continued STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because CHARACTER OF THE DISTRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW YORK ) ) ss COUNTY OF ) Signature Sworn to this .............................................. day of ....................................................... 19 Notary Public BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter oT' the Petition of : to the Board of Appeals of the lown of Southold : 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 ~ (Special Exception) (Special Permit) (Other) [circle choice] 3~'-7, ,~-/~ ). 2. That the property which is the sub~t of the Petition is located adiacent to your property and is des- cribed as follows: ~163 ~'~ooc, 3c?, 4:~, ~ ~OC~ ~ ~ ~ ~T 3. That the property which is the subj~.~of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ~ Section ~ Section gS0-g, New York Town Law for approval of access over rtght(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 Soutbold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (5].6) 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 fight to appear and be heard at such hearing. Dated: Petitioner 0wner's'Names: /~/~*/~- ~'~/~, ~"-~, Post Office Address PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS P 390 608 P 39( RECEIPT FOR CERTI RECEIPT NO INSURANCE COVERAGE NO INSUR NOT FOR INTERNATIOI NOT I '~t/re~ e~d NO P.O., State and ZIP Code Postage Certified Fee 'Special Delivery Fee Street and N P 390 P RECEIPT FOR RECEIP'I NO iNSURANCE ( NO INSU NOT FOR IN' NOT F (Se. ~ to Postage Certified FE Restricted Return Re( to whom a Return Receipt Showing ti ~v, , Return recE ~ Da~e, and Address of Dehver Date, and, ~ P 676 973 ~54 RECEIPT FOR CERTIFIED MAIL NO INSURANC£ COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) P.. State and ZIP Cod '" ISpecial Delive~ Fee Restricted Delivery Fee Return Receipt Showing to whomand Date Delivered Retur Date, STATE OF NEW YORK ) COUNTY OF SUFFOLK) _c~.....J~i~>b'J ./~/ ~C~, -~ ~'=1 "/_~. , being duly s~;orn, deposes and saYs that 'on the ~ day of f')- ~L' o 6 ,e ~r~ ,19 %'~ , 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 ~-ssme~t .roll of the ToFp of Squthold; ficeat ~.~'"~'~ ~.L.I~I~ (d , J~o~ (certified) (r~istered) mail. ~ t ' - / Sworn to before, me this '~ ~1 , " Notary Public that said Notices were mailed at the United States Post Of- ; that said Notices were mailed to each of said persons by (This side does not have to be completed on form transmitted to adjoining property owners.) COUNTY OF SUFFOLK PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES We are in receip~ of your letter dated referenced project. YEP 26 1985 DAVID HARRIS, M.D., M.P.H. COMMISSIONER Date ~&~g- _ concerning the above This Department has no objection to your designation of lead agency status. 2. This Department is in agreement with your initial 3. This Department does not agree with your initial Con~nents. determination. determination. See Insufficient information is available for technical comments. There is no record of an application to this Department. A more accurate project location is needed. (Suffolk County Tax Map #) This Department has received an application and it is: Complete Incomplete Other: It appears that the project can be served by: ~ ~'~'~'~ Sewage Disposal System Sewer System and Treatment Works Subsurface Sewage Disposal System(s) Other: 548-3318 Water Supply System A Public Water Supply System Individual Water Supply System{s) Other: Comments: The Health Department's primary environmental concern pertaining to development is that the applicant co~ly with the requirements of the Suffolk County Sanitary Code especially Article V and VI, and relevant construction standards for water supply and sanitary sewage disposal. These considerations are to be reviewed completely at the time of application. Full consideration in placement of water supply wells and disposal systems is given to state and town wetland requirements. The Health Department maintains jurisdiction over final location of disposal and well systems and the applicant should not undertake to construct any water supply or disposal system without Health Department approval. Other portions of the Suffolk County Sanitary Code also apply to commercial development such as Article XII. The Lead Agency is requested to fo~ard a copy of this form to the applicant with its findings. Further comment may be provided upon completion of the application review. Phone ~-~ 3 3 ~ ~- ' Southold, N.Y. 11971 (516) 765-19~8 September 30, 1985 NEGATIVE DECLARATION Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review Act and 6NYCRR Part 617, Section~ 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board as lead agency for the action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION The minor subdivision of Antone Grigonis, located at Southold is for the creation of a two -acre lot from 13.32 acres. Tax Map NO. 1000-55-2-8.1. The project has be~n determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. The Department of Environmental Conservation has not sent correspondence within the alotted time, therefore, it is assumed that there are no objections or concerns from that agency. ~ The Department of Health Services has no objection to our designation of lead agency. There is no record of an application to this department. The proposed project appears to conform to Article 6, in regard to lot size. An application for approval of the land division by the Health department is required. Test hold and test well data will be required. Since the parcel is within an agricultural area, the water quality may be impacted by fertilizers, pesticides and/or herbicides. The project will meet all the requirements of the Code of the Town of Southold Subdivision of Land Regulations. Further information can be obtained by contacting Diane M-. $chu~tze,~ Secretary, Southold Town Planning Board, Main Road, Southold, New York 11971 .Copies mailed to the following; Robert Flack, DEC Commissioner NYS, DEC at Stony Brook Suffolk County Department of Health Services Suffolk County Planning Commission obeCiS J. Murphy rt Grigonis, agent - 1 .75 5,4. O0 ¥,/ ............ co05,0g ~ 'O / / 02-8,61 '--t I~. 49 AC,. ,.~ , ti, I._C_.,_O_N_!~RE'_{:; rg.E rS!~_ '!3._~_.d_At,,! L..EA LI: v. 6!, PF~II I:¢r_. ,N .... b A 3.$UFF 09 *~A14 MAP ,,,A3A, COQ ,-, ..... ZS'O Z.- 6