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HomeMy WebLinkAbout3231Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y, 11cJ'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 323] Application Dated March ]9, ]984 (Public Hearing June 2], TO: George O. Guldi, Esq. as attorney for DOUGLAS MILLER Scheffler Guldi Karlinsky & Stein 275 Madison Avenue New York, NY 10016 1984) [Appellant (s) ] Copy to 9 Griffing Avenue, Westhampton Beach, NY 11978, At a Meeting of the Zoning Board of Appeals held on JuDe 28, ]984, 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 Upon application for DOUGLAS MILLER, Montauk Highway, Quogue, NY for a Variance for approvals of accesses, New York Town Law, Section 280-A, over two private rights-of-way, one known as "Kirkup Lane" and the other as "Laurel Way" located at the South Side of Sound Avenue, Mattituck, (near Laurel), to premises identified as County Tax Map Parcel No. 1000-121-4-10 containing approximately 7.2 acres. The board made the following findings and determination: By this application, applicant seeks: (a) approval of access over a 20-25 foot right-of-way having traveled widths of approximately: [1] nine feet within a length of approximately 2,018 feet and [2] eight to 10 feet narrowing in places to seven feet for a length of approximately 1,608.59 feet, known and referred to as "Laurel Way Right-of-Way"; and (b) approval of access over a 16-foot right-of-way along the easterly side of a 47.136-acre parcel presently owned by Peconic Homes Corp. having a traveled width of approximately 10 feet for a length of approximately 1,665.18 feet, known and referred to as 'Kirkup Lane" to the 7.2-acre parcel in question (now or formerly of Mulvihill) identified as County Tax Map District lO00, Section 121, Block 04, Lot 10. Both rights-of-way are more particularly shown on the map prepared by Young & Young revised April 10, 1984, Survey File No. 84-146. Concerning "Laurel Way Right-of-Way," the first 250 feet, plus or minus, meanders in and out of treed areas and it is questionable as to whether the traveled right-of-way is within its legal perimeter. The road material consists of stabilized sand and medium size gravel on hard-packed sandy loam, and the surface has numerous potholes and depressions to two to four inches, along the 2,018-foot length. In continuing down this right-of-way, the board also found many sections 12" or more below the existing abutting grade levels. This southerly portion of "Laurel Way" has a base consisting of varying mixtures of sand, loam and gravel; and the surface has a few small washouts and depressions. Within the last 250 feet, more or less, there are steep descending grades to the end of the road. At the times of inspections, there was water from the Lake standing in the latter 75-foot length (CONTINUED ON PAGE TWO) DATED: July 19, 1984. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3231 Matter of DOUGLAS MILLER Decision Rendered June 28, 1984 area, and the water level was about five feet below the end of the road. It is the recommendation of our town road inspector that the "Laurel Way" right-of-way should not be considered for access because of poor alignment and tight turns, narrow road width and necessity of tree removal, poor sight on turns, necessity of filling of wetlands in the last 75' area unless an alternative route is made. This board recommends an alternative route extending northerly rather than this 75' westerly to avoid filling or changes to the Lake area, as well as the extensive improvements (as stipulated below). Concerning "Kirkup Lane" right-of-way, it is the opinion of the board that same would be the better choice since the surface consists of compacted gravel with depths of 3" on a hard-packed base of sand and loam. The traveled road appears to be within the 16' width shown on the Young & Young map, is stable and in good condition, and has an even profile. If subdivisions are proposed or pending concerning property having access within this right-of-way, an updated review and additional widening must be considered to a minimum of 16 feet wide, and possibly greater depending upon the circumstances. The applicants are aware that they may or may not have a legal right to use the presently traveled "Kirkup Lane" right-of-way due to the terminology in the deed to James V. Mulvihill at Liber 5109, cp 35, recorded January 10, 1962; therefore, the decision made under this application is subject to a legal right to use either of the subject rights-of-way in behalf of the applicant(s). In the event it is found that applicant(s) or subsequent owners will not have a legal right to use this "Kirkup Lane" right-of-way, and also that no improvements are made to the "Laurel Way" right-of-way as stipulated in this decision, then the applicant(s) or subsequent owners to this property will be required to return to this board lack of approved access pursuant to New York Town Law, Sec. 280-A. In considering this appeal, the board also determines: (a) that the relief requested is not substantial; (b) that by granting the relief requested, the character of the neighborhood would not be adversely affected; (c) that by allowing the variance, no substan- tial detriment to adjoining properties would be created; (d) that no adverse effects will be produced on available governmental facilities of any increased population; (e) that the relief requested will be in harmony with and promote the general purposes of zoning; (f) that the plight of the owner is due to unique circumstances; (g) that in view of the manner in which the difficulty arose, the relief requested cannot be obviated by some method feasible to appellant other than a variance, and (h) that the interests of justice will be served by allowing the variance, as indicated below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was SUBJECT TO THE FOLLOWING: RESOLVED, that Appeal No. 3231, application made for DOUGLAS MILLER, for approvals of accesses over two rights-of-way as indicated in this board's findings, BE AND HEREBY IS APPROVED, 1. Either or both rights-of-way (Laurel Way or Kirkup Lane) shall be improved a minimum width of fifteen [15] feet and as noted below: (a) KIRKUP LANE RIGHT-OF-WAY: [1] All new cuts be surfaced with similar materials as exist in present traveled roadway, with a minimum 20% gravel content; [2] Brush shall always be cut back to allow for suitable unobstructed access. (CONTINUED ON PAGE THREE) Page 3 - Appeal No. 3231 Matter of DOUGLAS MILLER Decision Rendered June 28, 1984 (b) LAUREL WAY RIGHT-OF-WAY AND EXTENSION: [1] Trees must be removed and right-of-way regraded within 15-foot width; [2] That the right-of-way starting at the 16'-width mark (at a point approximately 1,750 feet from Sound Avenue) shall have an unobstructed width to 16 feet, and regraded the full 15-feet in width; [3] Access route shall be within the legal perimeter of this right-of-way; [4] Entire right-of-way must be regraded to level of existing abutting properties along this right-of-way and improved with 20% of gravel or stone blend content and 80% bankrun (to a minimum depth of four inches in all areas); [5] No construction of a bridge, or modification or changes to existing lake area without approval of the N.Y.S. Department of Environmental Conserva- tion, this board, and any and all other necessary approvals; [6] If an alternative route is agreed for the last 250 feet of this right-of-way over property presently of Macari, said alternative is subject to this board's inspection and satisfactory acceptance for access by emergency vehicles, as well as the applicant obtaining a legal right over same; [7] Redesigning of this right-of-way to prevent water runoff into wetland and/or lake areas. 2. All subdivisions, pending or proposed, having a legal right over either or both rights-of-way in question, will be required to reapply to this board for an updated consideration for additional improvements as may be necessary for emergency vehicles; 3. Either or both rights-of-way which will be traversed by the applicants must be continuously maintained in good and satisfactory condition for access by emergency vehicles; 4. All brush and other obstructions must be cleared to allow for proper, unobstructed access; 5. Upon written notice to the Board of Appeals, an on-site inspection as authorized by the Board of Appeals must be made of the improvements and must be accepted by this board as satisfactory prior to the issuance of a Certificate of Occupancy; Location of Property in Question: South Side of Sound Avenue, Mattituck, near Laurel, New York; more particularly identified as County Tax Map District 1000, Section 121, Block 04, Lot 10, con- taining 7.2 acres. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. Member Doyen of Fishers Island was absent. T~s ~'eso]uL~u,, ,a~ ~du~ed by unanimous vote of the members present. RECEIVED AND FILED BY ! * * * THE SOUTHOLD TOWN C!.~RK / Town CIo~, Town of So~ho~ NOTICE O? PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and ~he Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the fJllowimg public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, South. old, NY on THURSD~AY, JUNE 21,' 1984, commencin9 at 7:30 p.m. as follows: and 7:35 p.m. Application for JOHN DENNY, 333 Warwick Avenue, Tea Neck, NJ 07666 for a Variance to the Zoning Ordinance, Article III, Section 1.00-32 for permission to construct accessory garage building in the frontyard area at premises, 1255 Private Road #l (Goose Creek Lane), So.uthold, NY; County Tax Map Parcel No, 1000-078-08-009. 7:40 p.m. Application of GEORGE R. TUTHILL, Box 719, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 fo~ app~¢val of insufficient area and width of parcels located at the north side of Bay Avenue, Cutchogue, NY; Nassau.:Farms Subdivi- sion, par% of Lot 140; County Tax Map Parcel No. 1000-104-04-33. 7:45 p.m. Application for DAVID AND JEANNE BRAWNER, Main Road, Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area of parcel to be set-off from an 4.066 acre parcel at the South Side of Main Road, Orient; County Tax Map Parcel No. lO00-20-3-28.and part of 11.2. 7:55 pom. Application of ERNEST AND JEAN STUMPF, 207 Roxbury Road South, Garden City, NY 11530, for a Variance to the Zoning Ordinance, Article III, Section 100-32 (and/or Section 100-31) for permission.to c~nstruct raised deck wi~h an insufficient setback in the side and rear yards at the West Side of S. Oakwood Drive, Laurel; County Tax Map Parcel No. 1000-145-03-005. 8:05 p.m. Application ~6r EUSTA'CE C. ERIKSEN, I085 Westview Drive, Ma%tituck, NY for a Variance to the Zoning Ordinance, appealing the December '12.,.1983 decision of the building inspector in order to permit the conversion and renovation of a "guest cottage" or second dwelling West View Drive, Mattituck; 8:15 p.m. Application Southold, NY for a Variance Section lO0-31 for approval with reduction of sideyard setback, Bayview Read, Southold; County Tax structure at premises known as 1085 County Tax Map Parcel No..1000-139-1-3~ of JOHN GRIGONIS, 950 Bayview Road, to the Zoning Ordinance, Article II[~ of the construction of new dwelling at premises located at 860 Main Map Parcel No. 1000-070~07-016.2. Page 2 - Notice of Hearings Southold Town Board of Appeals Re§ular Meeting of June 21, 1984 8:20 p.m. Application for. PATRICK CARRIG a_nd_.MARK_.S..McDONALD, (Owners: Eric and Nancy Malm), Richmond Road, Southold, NY for a Variance for approval of access, New York. Town Law~:..Section 280-A, over a private right-of-way located at the north side of Bergen Avenue, Mattituck, to p~emi~es .identified as County Tax Map Parcel No. 1000-112-1-18, containing approximately 3.9 acres. 8:40 p.m. Application for DOUGLAS MILLER, Montauk Highway, Quogue, NY for a Variance for approval of accesses, New York Town L-aw, Section 280-A, over two private rights-of-way, one known as "Kirkup Lane" and one as "Laurel Way" located at the South Side of Sound Avenue, Mattituck, (near Laurel}, to premises identified as k~ County Tax Map Parcel No. 1000-121-4-10 containing approximately 7.2 acres. 8:55 p.m. Application for BERTRAM AND~MARGERY WALKER recessed from May 17, 1984 for Variances for: (a) interpretation, (b) approval of deck.in sideyard, (c) approval of reduction of livable floor area and insufficient sideyards of dwellin9 conversion. ?econic Bay Blvd,, Laurel; 1000-145-4-014. 9:15 p.m. Application ~f.'AR~HUR_ _R. TRUCKENBRO~D.T, ~.~ ~l~., Private Road, Orient, NY for a~evems, al of the interpretation of the building inspector concerning a Certificate of Occupancy No. Zl1736 issued June 21, 1983 to E. Loucopoulos and H. Damianos for an one-family dwelling and four accessory cottage structures at Private Road No. 7, (a/k/a Diedericks Road), Orient; County Tax Map Parcel No~ 1000-18-03-005 [Current Owners: D.I. Abbott and J.T. Swanson]. Persons having an interest in any of the above mat~ers may be heard at the time and place specified above. For additional informa- tion, please contact our office, 765~1809 (or ~802)~ Dated: June 5, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P~ GOEHRINGER CHAIRMAN NOTICE TO NEWSPAPERS: Please publish once, ~ wit: Thursd~, June 7, 1984 and forward l0 affidavits of publicatio~ to: Mrs. L. Kowalski, Secretary, Board of Appeals, Main Road, Southold, NY 11971, on or before June llth, Thank you. FORM NO. 3 ~/ TOWN OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTItOLD, N.Y. NOTICE OF DISAPPROVAL File No ............................... To . ~..~. ~.. ~... ~...~2.'..~ ........ .. ?.~...~. ~...(~..- ....... PLEASE TAKE NOTICE tlxat your application dated .... .~...a~..' .~.../..c~. ........ 19..~ .~. _ -. .~..?..~.~...~¢.... 9.~.~ ...... ~. ~- Q~ ,v .......................... at .~ocation o~Pro~e~ .¢?~.%. ~.~..~.....~...~...0-.~.. ~...~...- .... ~..~.& House No. I Street Hamlet County Tax Map No. 1000 Section .. J, .~.. ( ...... Block .... .Q.t~ ...... Lot ...J..d ......... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds.. ~ .~....Cy-:~.....~..'.~?...~2q.... .~.~.( ~..0-~...~.,,..O.~..~..~..~. ~...,~. ~.. ~ ~.o..~..., .~,,0. ~ .............................. Building Inspector RV 1/80 TOWN OF SOUTHOLD, NEW YORK APPEAL ~ROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE March 15, 1984 TO THE TON lNG BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ], (We) ..D~u~.l,a~.,~il~er. .......................... of MoDtaqk H,i.~.h.,.wa~ ........ Name ;f Appellcmt Street and Number ..... Q.uo.g.~.~ ............................................................................... .~,.:.~5 .............. HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: 3/14/84FOR: Certificate of Occupancy WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) Name of Applicant for permit Montauk Highway. Quo.g_ue ..... N.Y. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD }. LOCATION OF THE PROPERTY ..~£~..~.,......~.~[.¢ ......... :....,~sident±al Street and Hamlet Zone ...... %.O.Q~.~!.~!r.~r.%.9 ........................................... OWNER(S): Ag~DA.~g~%b$~ ......... Mop No. Lot No. DATE PURCHASED: ..~ ............... 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Sectior,. Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.~ Article 16 , Section 280 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 ~ PREVIOUS APPEAL A previous appeal C~ (has not) been maae with respect to this decision of the Building Inspector or with respect to this groperty. Such appeal was ( request for a special permit ( ) request for o var'once and wes made in Appeal No ........................... Dated ..................................................................... REASON FOR APPEAL (X) A Variance to Section 280A Subsechon 3 ( ) A Variance to the Zoning Ordinance ( ) is requesteC for the reason that we ~ould existing rights of way. like ~o assure right to use (Continue on other side) REASON FOR APPEAL Continued I, STRICT APPLICATION OF THE ORDINANCE would produce practical dJf~i~dlt~e~s sary HARDSHIP because not permit any use of land 2 The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this propert~ and in this use district bec.ouse all other res±dent±al users in area use existing rights of way for access. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because there ±s uniform e×±st±ng use. STATE OF NEW YORK ) '. ~"'"'~,? s~ ............ : ............. : ........ COUNTY OF / Swor~ to t~ /~. ~'~ ('da o' .......... .'Z'Z/~ ..................... ~9 ~' 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. 11g71 TELEPHONE (516) 765-1809 July 23, 1984 George O. Guldi, Esq. 275 Madison Avenue New York, NY 10016 Re: Appeal No. 3231 Douglas Miller 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 construcU 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 GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary (]ersrd p. (~oehr~ng~ Ohairman 3outhold Tram Board of Appeals John Il', Davis ACCEl8 ~0AD, 1350 Ft. EAST OF KIRKUP LANE ON SOt~D A?~JE RSNNING ~OU~ A~D WE~T ~ MINOR SI~DIVI$ION OF ~he existing road in the 20 ft. private R.O.W. with the exception cf the first 250 +-- ft. is in cleared areas with a total measured length of 2018 ft. ~ns 250 ft. length meanders ~ in order te miss trees. I doubt if parts of it are in the R.O.W. ~he road material consists of stabilized sand and medium size gravel on hard-packed sandy loam. ~he width is not uniform, varying from 8 ft. to 22 ft. (widths shown on plans). The profile grades are acceptable but the surface is not good, there are numerous potholes a~d depressions through- ! out. Test holes and depths of potholes indicate from 2" to 4" of sand ar~ gravel. ~he continuation cf this road in the 25 ft. R.O.W. is all in heavily wooded areas. Total long .th, this R.O.W. using the inside right turn, based on distances frc~ a Van ~ map is 1608~ft. The width is approximately 8 ft. to 9 ft. but in a few places narrows down to .71ft. in going between trees. Some sections are 12" or more belcw't~ e~isting adjacent surface. ~he road material is a mixture of sand, loam and some gravel. Test holes show about a 4" depSAb wish some areas having more gravel than others. ~here are a few small washouts and depressions in the length. ~he road profile is good except for the last 250 ft. ~nere there are steep descending grades to the end of the road. Water from the lake was standing in part of the 75 ft. length area as shown on the Miller Map. ~he water level was about 5 ft. below the end of the read. (See edge cf wetlands as indicated on the map). Water has been observed at this location by others on previous dates. According to other maps, the R.O.W. does not go through the 75 ft. length area. RECOMMENDATIONS in my opinion the subject road should not be considered for access to the subdivision. Although the part in the 20 ft. R.O.W. could be repaired and a uniform road width determined, the e~sting conditions in the 25 ft. R.O.~. present problems. ~he problems are as follows~ 1. Poor alignment (tight turns). 2. Road should be widened - grading nseesmary. 3. Widening would red, ire removing trees. 4. Sight distance on turns not good in wooded areas. 5. Access to property would require placing fill in wetlands from the e~d of the road through the 75 ft. length and on to upland. Do not believe this wot~ld be approved. TO: Gerar~ P, Goehringer, Chairman Report No. 365 FNOM: John W. Davis Date: May 15, 1984 RE: ACCESS ~0AD (KIRKUP LANE) EXTENDING SOUTH FR~M SOJYND AVENUE FOR APPROXIMATELY 1575 L.F. ~his road is 9 ft. to 10 ft. in width. It consists of compacted grawl with denths of 3" on a hard-packed base of sand and loam. Gravel has been placed recently on the last 200 ft. of length. ~he road appears to be wi~d~in the 16 ft. R.O.W.,~s.s%able, has an even profile after leaving Sour~ Avenue and is in pretty good condition throughout. In my opinion it is satisfactory in its present state. However, if it is to be used for access to adjacent prop~ty that may in part become a minor subdivision, widening should be done. If ~idened, I ~ould recommend the same kind of material on a proper base as in the present read. Also the east property line should be established to er~ure that a widened read is within the 16 ft. R.O.W. · JOHN W. DAVIS ~erard p. Goehringer~ Chairman Southold To~n Board of Appeals John W. Davis ACCESS BOAD, 1350 Ft. EAST OF KIRXUP LANE ON SOUND AVenUE RUNNING ~OU~ AND ~E~T ~ MINOR S[~DIVISION OF DOUGIASS ~.~,~ ~he existing road in the 20 ft. private R.O.W. with the exception of the first 250 ~ ft. is in cleared areas with a total measured length of 2018 ft. T~e 250 ft. length meanders in order to miss trees. I doubt if parts of it are in the R.O.W. The road material consists of stabilized sand and medium size gravel on hard-packed sandy loam. ~he width is not uniform, ~arying from 8 ft. to 22 ft. (widths shown on plans). The profile grades are acceptable but the surface is not good, there are numerous potholes and depressions through- out. Test holes and depths of potholes indicate from 2" to 4" of sand and gravel. ~he continuation of this road in the 25 ft. R.O.W. is all in heavily wooded areas. Total leng .th, this R.O.W. using the inside right turn, based on distances from a Van ~ayl map is 1608~-ft. The width is approximately 8 ft. to 9 ft. b~t in a few places narrows down to 7'~ft. in going between trees. $o~e sections are 12'. or more bela'the existi~ adjacent surface. Toe road material is a mixture of sand, loam and some gravel. Test holes show about a 4" depth with some areas having more gravel than others. Toere ars a few small washouts and depressions in the length. Toe road profile is good except for the last 250 ft. where there are steep descending grades to the end of the road. ~ater from the lake was standing in part of the 75 ft. length ~rea as shown on the Miller Map. ~he water level was about 5 ft. below the end of the road. (See edge of wetlands as indicated on the map). Water has been observed at this location by others on previous dates. Aceordirg to other maps, the R.O.W. does not go through the 75 ft. length area. R~COMMENDATIONS: In m~ opinion the subject road should not be cor~idered for access to the subdivision. Although the part in the 20 ft. R.O.W. could be repaired and a uniform road width determined, the existi~ conditions in the 25 ft. R.O.W. present problems. ~he problems are as follows: 1. Poor alignment (tight turns). 2. ~oad should be widened - grading necessary. 3. Widening would require removing trees. 4. Sight distance on turns not good in wooded areas. 5. Access to property would require placing fill in wetlands from ~he end of the road through the 75 ft. length and on to upland. Do not believe this would be approved. ~erard P, Ooehrin~er, Chairman Southold Town Board af ApDeals John 14. Davis i~por t No. Date: May 15, 1984 RE: ACCESS ~OAD (KIRKUP LANE) EX?ENDInG SOUTH F~OM SOUND AVENUE FOR APPROXIMATELY 1575 L.F. Ibis road is 9 ft. to 10 ft. in width. It consists of compacted gravel with depths cf 3" on a hard-packed base cf sand and loam. Gravel has been placed recently on the last 200 ft. cf length. 1he road appears to be wi~d~in the 16 ft. R.O.W.,~s stable, has an even profile after leaving Sour~ Avenue and is in pretty good condition throughout. In m~ opinion it is satisfactory in its present state. However, if it is to be used for access to adjacent property that may in part become a minor subdivision, widening should be done. If ~idened, I ~ould recommend the same kind of material on a proper base as in t~ present road. Also the east property line should be established to ensure that a widened road is within the 16 ft. R.O.W. Southo!d Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI June 11, 1984 George O. Guldi, Esq. Scheffler Guldi Karlinsky 275 Madison Avenue New York, NY 10016 & Stein Re: Appeal No. 3231 - Douglas Miller Dear Mr. Guldi: Please find enclosed for your file a copy of the road report concerning the most easterly right-of-way referred to as "Laurel Way" or "Lake Way." Yours very truly, GERARD P. GOEHRINGER Enclosure cc: Mr. Victor Lessard Building Department By Linda Kowalski Administrator Qerard P. Goehringe~ Ch~%rman Southold Town Board oE Appeals FROM~ John W. Davis DATE, June 7, 1984 ~i~ ~/~/~V ACCESS ROAD, 13~O Ft. EAST OF KIRKUP IANE ON ~OUND AV~3E RUN~FiNG 30U~/4 AND Wt~T TO MINOR SUBDIVISION OF DOU~IASS N~.L~R ?he existing road in the 20 ft. private' R.O.W. with the exception of %hs first 250 +-- ft. is in cleared areas with a to~ measured length o£ 2018 ft. Tb~ 2~O ft. length meanders in order to miss trees. I doubt if par~s of it are in the R.O.W. ?he road material consists of stabilized sand and medium size gravel on hard-packed sandy loam. ?he width is not uniform, varying from 8 ft. to 22 ft. (widths sho~n on plans). The profile grades are acceptable but the surface is not good, there are numerous potholes and depressions through- out. Test holes and depths of potholes indicate from 2" to 4" of sand and gravel. ?he continuation cf this road in the 25 ft. R.O.W. is all in heavily wooded areas. Total leng .th, this R.O.W. using the inside right turn, based on distances from a Van Tayl map is 1608~-ft. The width is approximately 8 ft. to 9 ft. but in a few places narrows down to 7=ft. in going between trees. Some sections are 12" or more bel~ th~ existing adjacent 'surface. ?he road material is a mixtmre of sand, loam and some gravel. Test holes show about a 4" depth with some areas having more gravel than others. ?here are a few small washouts and depressions in the length. ?he road profile is good except for the last 250 ft. ~here there are steep descending grades to the end of the road. Water from the lake was standing in part of the 75 ft. length area as shown on %he Miller Map. ?he water level was about 5 ft. below the end of the road. (See edge of wetlands as indicated on the map). Water has been observed at this location by others on previous dates. According to other maps, the R.O.W. does not go through the 75 ft. length area. RECOF/~ENDATIONS: In my opinion the subject road sho~,~ not be cor~,idered for access to the subdivision. Although the part in the 20 ft. R.O.W. could be repaired and a uniform road width determined~ the existing conditions in the 25 ft. R.O.W. present problems. ~he problems are as follows~ 1. Poor alignment (tight turns). 2. Road should be widened - grading neeessary. 3. Widening would requi~e removing trees. 4. Sight distance on turns not good in wooded areas. 5. Access to property Would require placin~ fill in wetlands from ~he end of the road throug~ the 75 ft. length m:d on to upland. Do not believe this wo~Id be apprcved. NOTICE OF PUBLIC HEARING the Town I~' Zud~the Pro- ae~ M~ ~d~ &e ~l- held bY ~e ~td T~ l~t ~g et 7:~ p.m. ~d~ ~Hows: 7:~ p.m. A~ll~t~n ~r J~, 333 W~ck AVmue, Tea N~, NJ 07~ ~r aV~to ~e ~, A~icle ~, Se~on 1~32 ~r ~sm~s~n to ~n- ~m~ ~s~ g~age bulld- Og h ~e ~ntyard area at p~misos, 1~ ~vate Road ~1 (~ Creek ~e), ~u~- old, ~; Cowry T~ Map P~cel No. 1~-078-~. 7:40 p.m. AppEcation of GEORGE R. ~T~, ~x 719, Cut~o~e, NY ~r a Va~ to ~e ~g ~- ~, ~icle HI, Se~ion 1~- 31 ~r app~v~ of ~su~cient ~ ~d ~d~ of p~ls located ~ the no~ side of Bay Avenue, Cutchogue, ~; Nas- sau F~s Subdiv~ion, p~ of ~ 1~; County T~ Map Par~l No. 1~-1~-~-33. 7:~ p.m. Application ~r DA~ A~ JEANNE ~r' /~8:~ p.m. Application UG~$ M~L~R Montan~ ~hway, ~uo~ue, ~ ~r a V~ for sppmv~ of ~sses, New Yor~ To~ Law, Seaion 2~-A, over t~ p~- rate ~ts-of-way, one ~o~ ~ "~kup L~e" ~d one as~ ~"Laurel Way" locaed ~uth Side of Sound Avenue, Ma~ituck, (near ~urel), premises identified as County T~ Map Parcel No. 1~-121- 4-10 ~nt~l ,7.2 ~es. 8:55 p.m. Appllcaion B~RT~M AND ~RGERY WA_~.~.~gf~ recessed from May 17, 1984 for Variances for: (a) interpretation, (b) approval of deck in sideyard, (c) ap- proval of reduction of livable floor area and insufficient sideyards of dwelling conver- sion. Peconic Bay Blvd., Laur- 9:15 p.m. Application of ARTHUR R. TRUCKEN- BRODT, et al., Private Road, Orient, NY for a reversal of the interpretation of the building inspector concerning a Certifi- cate of Occupancy No. Z11736 issued June 21, 1983 to E. Loucopoulos and H. Daminnos for a one-family dwelling and four accessory cottage struc- tures at Private Road No. 7, (a/k/a Dindericks Road), Or- ient: Countv Tax Man parcel COUNTY OF SUFFOLK ss: STATE OF NEW YORK Potricio Wood, being duly sworn, soys 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-Watch- man once each week for ....................... ../. .............. weeks successively, commencing on the .......... .'..7.. ..................... day ~. ~---~ ............................. 19/.~?. Q Swam to before me this ................................ day of ............. .................... , with~uction of sideyard setback, at premises located at 860 Main Bayview Road, 7:45 p.m, Application for DAVID AND JEANNE · ]~IRAWNER, Main Road, 0~ont, NY for a Variance to Be Zoning Oral/nOnce, Article iii., Section 100-81 for approval ~0~ u~ufficiont area of parcel to ye set, off from an 4.066 acre :~.arcel at the South Side of ~ain Road, Orient; County . ax Map Parcel No. 1000-20-3- ~8 and part of IL2. 7:55p.m. Application of I~RNE~T AND JEAN //ITUMPF, iF/Roxbury Road ~ttouth, Garden City, NY 11530, ~orLa Varl~ce to the Zoning uroxnance, Article III, Sec. ~.~..~'_.~__~HEAitlNO~ , ~ Southold; County Tax Map ~,~,,,~I HEREBy~ Parcel No. 1~16 2 ~.~i~r~t ~ ~' 8:20 p.m. ' ' '~*~" : PATRICK CARRIG and ~1~ or t~ Amended MARK (Owners: Eric an~ Nancy ., ~,gl~ ~ of ~d, . McDONALD, · ~, g ~ M~ting and the Maim), Richmond Road, ~t~ ~ ~ ~ ~u~old, ~ for a Valance ~d ~ ~ ~ for ap2roval of acc~s, New ~:~ at ~ T~ Y~k TO~ ~W~ S~tion ~/Main ~oad, Southold, A, ov~ a ~va~ ~t~f-way . ~m s~ iden~i~ ~'~ Ap~i~tion for T~ Map Pa~ No 1~1~ ~':~~, ~ Wa~ck 1-18, co~'taining ~:: ,,>t ;,crmission ~o] '~o~uk HighWay, uo u ~,~,Z.~ ~ ,~ ~ ~pr~al of accesse~, New ',~ ~:,~ ~i, 12~5 P~vnte X ' ork Town ~w. ~ion ~*~ ~ ~ ~ne) ~ A over ~o p~va~ ~f. ~R~old, ,~ Coun~ Tax way, ~ne known as ~irku ~PP~I'No. 1~ , Lane and one an ~..m. Apphcatiun of S~de of Sound Awn.~ ;~o~E R. ~ILL, Box Mattituck, (near Laur~]'-~ ~. ~utchogue, NY for a Eremis~ iden~i~ as ~;'~ce .~. the Zoning Tax Map Parcel No. 1~12~ ~, ~cle ~, ~flon ~10 con~i~ng app~mately :*u~31, for~ approval nf 72acres ~d~t ~¥nd ~d~ ~ 8:55 p.m. Application f~ ~ar~ls I~ated at the north ~AM AND MARGERY iil~. Of Ba~ Avenue, ERr~ f~m May ~tchogue, N~; Nassau 17, 1~ for Va~nc~ ~%rms Subdiviaiun hart ,t in~tion ~k,-- for: ~a~ 140' , .... ~ . --, ~o~ apparel . , County Tax Map d~k m s~deya~, (c) apparel ~arceiNo. 1~1~. of reduction of livab{~ floor area and insufficient sideyards of dwelling conversion. Peconic Bay Blvd., Laurel; 1000-145-4-014. 9:15 p.m. Application of ARTHUR R. TRUCKEN. BRODT, et al., Private Road, Orient, NY for a reversal of · the interpretation of the building inspector concerning a Certificate of Occupancy No. · Zl1736 issued June 21, 1903 to E. Loucopoulos and R. Damianes for an one-family dwelling and four accessory cottage structures at Private Road No. 7, (a/k/a Diederlcks Road), Orient; County Tax STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) SU~qAN W. ALLAN 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 a printed copy, has been regularly published in said Newspaper once each week for one weeks successively, commencing on the 7 th dayof June 19 84 Principal Clerk Sworn to before me this 7th dayof June 19 84 Copie~ of Legal Notic~m~iled 6/5/84 to the Mr. John Denny Environment East, Inc. Mr. George R. Tuthill Irving L. Price, Jr., Esq. Mr. and Mrs. Ernest Stumpf Mr. and Mrs. Ernest Stumpf Mr. Edward Tobia .'' Rudolph H. Bruer, Esq. Mr. John Grigonis George O. Guldi, Esq. Abigail A. Wickham, Esq. Wickham, Wickham & Bressler, P.C. Richard T. Haefeli, Esq. McNulty, DiPietro & Haefeli James Cron, Esq. William W. Esseks, Esq. Esseks, Hefter, Cuddy & Angel Howard E. Pachm~n, Esq. Pachman, Oshrin & Block, P.C. Richard F. Lark, Esa. foll~ng: Southold Town Board of'Appeals MAIN ROAD- STATE ROAD 25 SOUTHO/D, L.l., N.Y. 11~J'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINOER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI May 24, 1984 George O. Guldi, Esq. Scheffler Guldi Karlinsky 275 Madison Avenue New York, NY lOO16 & Stein Re: Appeal No. 3231 - Douglas Miller Dear Mr. Guldi: For your information we are enclosing copies of the recommendation of our road inspector and of recent corres- pondence from Abigail A. Wickham, Esq. which is self- explanatory. This matter has been scheduled for a public hearing to be held at our next Regular Meeting, which is Thursday evening, June 21, 1984. The exact time and the particulars of the legal notice will be sent to you. If you have any questions, please don't hesitate to call our office. Yours very truly, Enclosures cc: Mr. Victor Lessard (Building Department) GERARD P. GOEHRINGER WICKHAM, WICKHAM & BRESSLER, P.c. MAIN rOAD~ P.O. BOX 1424 MATTITUCK LONG ISLAND NEW YORK 11952 SI6 -298-83S3 May 21, 1984 Zoning Board of Appeals Town of Southold Main Road Southold, N.Y. 11971 Re: Appeal #3231 Douglas Miller Gentlemen: We represent Peconic Homes Corporation who recently acquired the Kirkup property, South of Sound Avenue, Mattituck. The owners of the property to the East (Miller) do not have legal access over this farm in order to get to their property. As their deed clearly states, their access is along the Kirkup farm, not over it. My clients do not recognize any other rights claimed by adverse interests. Sincerely yours, ~ Wickham AAW:ab APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .iR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H, SAWlCKI Southold Town Board of Appeals MAIN RI~AD- ~BTATE Rr'IAD 25 5r'tI. JTHOLD, L.I., N.Y. llCJ'T1 TELEPHONE (516) 765 1809 May 8, 1984 Mr. John W. Davis Sterling Road Cutchogue, NY 11935 Re: Right-of-Way Inspection and Report Appeal No. 3231 Douglas Miller (Agnes Mulvihill) Dear Mr. Davis: We have an application for approval of access over a private right-of-way known as "Kirkup Lane" or "Kirkup Road," near Laurel Lake, Laurel, which extends from Sound Avenue southerly approxi ...... mately 1575 feet as shown on the attached copies of surveys and County Tax Map. The public hearing on this matter has not been scheduled in order to allow the time necessary for your inspection and report and the board's review of same. Thank you for your time and assistance. Yours very truly, I Enclosures cc: Mr. Victor Lessard GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS 4/19/84 GERARD P. GOEHRINGER, CHAIRMAN CHARLES ORIGONIS, JR. S · R. Q. R.A. SERGE DOYEN, JR. ROBERTJ. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3231 PROJECT NAME: DOUGLAS MILLER This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: ~ ] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION~: Accesses over 2 private rights-of way (280-A) LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: "Kirkup Lane" &'~urel Wayl', S/S Sound Ave., Matt. County Tax Map Parcel No. 1000-121-4-10 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) The relief requested is not directly related to new construction. 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. SCHEi~i~LER GULDI I~LINSKY & STEIN 275 MADISON AVENUE NEW YOrk, NEW York lOOI6 April 2, 1984 Appeals Board Southold Town Main Road Southold, New York 11971 45 MAIN STREET SOUTHAMpTON, NY]J968 (516) ~83-8~88 Attn: Mr. Gerard P. Goehringer Chairman Re: Appeal %3231 - Douglas Miller Dear Mr. Goehringer: I am in receipt of your letter dated March 26, 1984 with respect to the appeal described above. Your understand- ing that our application is for use of the existing rights of way is correct. The application should be considered in two parts. Laurel Way The deed description of the right of way along Laurel Way is set forth in the deed to include a right of way as it exists, whether or not the route has been changed. Therefore, the question raised on this application does not relate to the use of the Laurel Way access. Kirku~ Lane The right of way along Kirkup Lane is not estab- lished by the deed alone but, as the accompanying affidavit of Joseph Mulvihill evidences, has been established by 22 years of use of Kirkup Lane under a claim of right. The perfection of an easement by adverse user is a well recognized principle of law in the State of New York, and all of the necessary ele- ments to prove such a claim are set forth in the aforemen- tioned affidavit. If the Board determines that it is necessary to com- mence an action to establish the validity of this easement along Kirkup Lane, we respectfully request that they direct us SCHEFFLER 6ULDI KARLINSKY ~ STEIN Appeals Board April 2, 1984 Page 2 to do so. We further request that the Board approve this ap- plication insofar as the use of a right of way along Laurel Way is not in question, that they approve so much of this ap- plication as related to Laurel Way, regardless of any addi- tional requirements you may have with respect to Kirkup Lane. GOG/ljl cc: /~ truly Mr. Victor Lessard Planning Board SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK In the Matter of the Application of Douglas Miller Index No. JOSEPH R. MULVIHILL being duly sworn states: 1. I am an attorney duly admitted to practice before the Courts of the State of Georgia, and am the son of James V. Mulvihill and Agnes Mulvihill. 2. On or about the 8th day of January 1962 my father James V. Mulvihill purchases a parcel of land in the Town Of Southold descrbed as Tax map 1000-121-4-10. 3. Annexed hereto as Exhibit "1" is a copy of the deed by which my father acquired title to the property which deed sets forth a legal description of the property and its rights of way. 4. Among other things the deed states; Together with a right of way 20 feet in width from the north-westerly corner of the premesis, northerly along land formerly of Kirkup approximately 1600 feet to the highway known as North Road or Sound Avenue. 5, Since the date of our acquisition of the property, under the terms of our deed, I and the other members of my family have openly and consistently used Kirkup Road as our principle a~cess to our land as described herein, under our claim that we have a right to do so. 6. The use of Kirkup Road as our primary access to our land has not been interupted or challenged since we acquired title in 1962. ~SEP~ R. MULVIHILL Sworn to before me this day of 1984 _ .~Iotary Pu~l ic ~¥ C,~IT~ITII$~IOn f_~oires Ja~. 27, 1987 Southold Town Board o£ Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICK[ March 26, 1984 George O. Guldi, Esq. Scheffler Guldi Karlinsky 275 Madison Avenue New York, NY 10016 & Stein Re: Appeal No. 3231 - Douglas Miller Dear Mr. Guldi: In reviewing your recent application for a variance for approval of access, we find that it lacks the required map certifying the legal access to the premises and indicating the existing traveled right-of-way abutting same. It appears that you are requesting access over the existing traveled right-of-way which may not be within the bounds of the legal conveyed right-of-way. If it is your intention to utilize the existing traveled right-of-way, please provide us with an easement or other legal document giving you that right. If our understanding is incorrect, please clarify your request in writing. Thank you for your cooperation. Yours very truly, Enclosures cc: Mr. Victor Lessard Building Department Planning Board GERARD P. GOEHRINGER JUDITH T. TERRY TOWN CLERK REGISTRAR OI VITA~ $1A [ ISI ICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 19~ 1984 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3231 application of Douglas Miller for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Notice of Disapproval from the Building Department; and survey. Judith T. Terry Southold Town Clerk SCHEFFLER GULDI I/~kRLINSEY & STEIN 275 MADISON AVENUE New YORK, New YORK 10016 March 15, 1984 Zoning Board of Appeals Southold Town Main Road Southold, New York 11971 Re: Application of Miller Tax Map 1000-121-4-10 Dear Sirs: This is an application on behalf of Douglas Miller pursuant to section 280 of the Town Law for the issuance of a variance for approval of access in connection with the use of deeded rights of way over Kirkup Road and Laurel Way to Sound Avenue. The hardship basis for this application is that these existing rights of way, which are currently in use by all similarly situated landowners, provide the only reasonable access to the land. In support of this appeal please find the following documents enclosed: 1. Appeal Form. 2. Copies of Notices to Adjoining Landowners. 3. $50.00 filing fee for this appeal. 4. Six copies of current survey showing the rights of way. 5. Copy of 1962 deed to Mulvihill describing the rights of way. 6. Copy of contract of sale from Muvihill to Miller. 7. Copy of application dated March 13, 1984 to the Planning Board for a Minor Subdivision containing Environmental Assesment Form and Wetlands Letter. 8. Additional Enviornmental Assesment Form and Wetlands Letter. Please feel free to contact me if any additional information is required or would be of use to you. Very truly yours, BOARP OF APPEALS, TOWN OF $OUTHOLD In the Matter m the Petition of Douqlas Miller to the Board of Appeals of the Town of Southold TO: Ms. Adeline Lee Box 1073 Mattituck, New York 11952 NOTICE 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 1'own of Southold torequest a (Variance) (Special Exception) (Special Permit) (Other) [eir¢le choice] Variance for approval of access. ). 2. That the property which is the subject of the Petition is located adjaseqt t~.ypur property arid cribed as follows: Tax Map ~1000-121-4-10, formerly of Mu~vzhl±± on ~aure~ ~ad~ between the west end of Laurel Way and the East side of Kirkup Road. ~North ~nd of Lake) 3. Thatthe?ropert¥ whichisthesubjectofsuchPetitionJslocatedJnthefollowingzoningdistrlct: Residential 4. ThatbysuchPetition, theundersignedwillrequestthefollowingrelief: Issuance of a ~r~af.~ ~f n~ancy for vaca~ land permitinq access to Sound Avenue over existing rights of way as set forth in sellers deed. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article i~_ Sect_ton 2~o0 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. t~er By Ge~ge .O~Guldi, Attorney t Office Address 71 ~cntauk ~igh~,=y. p.~_ n,~v ~n6 Quo~ue, New York 11959 ~ROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: ~- .~;~,~-~ ~_~a,-~ _ ~d/'~/'' . being duly sworn, deposes and says ~ on the /~/day of ~~ - ~ 19 ~ . deponent mailed a true copy of the NoHce sel forth on the ~e- ~erse side hereof, directed to each of Ihe above-named person~ at the addresses se~ opposite ~heir respective name; that the addresses set opposile the names of said persons are the addresse~ of said per~ons as shown on the current ~s~s~nt roll of the town of Somhold; ~hat said Notices were mailed at the United States Post Of- rice ~t ~ ~ _ ~ ~ ; that ~aid Notices were mailed to each of ~d persons by Sworn to before me lhis /~ ~ dayof ~ ,19 ~ Notary Public 8, MESSER State of NeW~ 24~719188 In Kings C~ ~ March BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Douqlas Miller to the Board of Appeals of the Town of Southold TO: Mr. Mark Gross 220 Manhassett Ave. Manhassett, New.York 11030 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 torequest a (Variance) (Special Exception) (Special Permit) (Other) [circle cho±ce] Variance for approval of access. 2. That the property which is the subject of the Petition is located a. dia~ceq~, tp~ypur property and j~ des- crlbed as follows: Tax Map ~1000-121-4-10, formerly of ~u-vznz~± on ~aure~ LaKe between the West end of Laurel Way and the East side of Kirkup Road. end of Lake) 3. Thatthe?roperty whJchisthesubjectofsuchPetitionislocatedinthefollowingzonJnRdJstrJct: Residential 4. ThatbysuchPetition, theundersignedwillrequestthefollowingrelief: Issuance of a P~r~iE~a~o nE n~eupan~y for vacan~ land permitinq access to Sound Avenue over existing rights of way as set forth in sellers deed. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- si~ned are Article 16 Section 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 hearin~ in lhe Suffolk Times and in the Long Island Traveler-~-4attituck Watchman, newspapers published in the Town of Southold and designated for the publication of such nmices; that you or your representative have the right to appear and be heard at such hearing. /~etitJoner By Geor,/O. Guldi, Attorney Post Office Address Ouoque, New York 11959 NAME ~,ROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS O o STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: /~//--'/.~..~..n~, /~.~. /[~/ . being duly sworn, del;~'R( and sZ:l/s Iha, on the /'~-/~ day of ...~.~..~/.~ ~.. ~ - - , r9 _,~__.~/_, deponent mailed a true co~y of the Notice set forth on the re- verse s~de h'~reo~, ~r~c~ed to each of th~ah~'ve-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 as.~m, en~Lrol, of the..~To/w.~.of Sou thoid; rice at (certified) (registeredl mai4f". Sworn to before me this /~; ~ dayof /)'7') ~ .19 that said Notices were mailed at the United States Post Of- ; that said Notices were mailed to each of said persons by Notary Public DAVID $. MESSER Notary Public, State of New~ot~ No. 24-4719188 .~/ 0uaflfied in KIn~s Cou~'~ 0~ffiml~alon E. xpire~ March 30, fg BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter oT the Petition of Douglas Miller lo the Board of Appeals of the Town of Southold TO: Mr. Joseph T. Marcari Alhadef f Nissim 112 Malba Drive· Malba, New York 11357 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: I. 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 for approval of access. 2. That the property which is the subject of the Petition is located adjaceqt I{) ypur property aqd cribedaSfollnws: Tax Map #1000-121-4-10, formerly of MulvlhlIl on ~aure£ ~ad~ between the West end of Laurel Way and the East side of Kirkup Road. tMmr~h end ~f Lake] 3. That the property which is the subject of such Petition is located in the following zoning district: Residential 4. ThatbysuchPetition, theundersignedwiUrequestthefollowingrelief: Issuance of a ~r~m~m ~ ~m~pancy for vacant land permitinq access to Sound Avenue over existing rights of way as set forth in sellers deed. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- si~ned are Azticle 16 Section 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be fil.ed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same dur ng 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 ~o the date of such hem'inl 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 rilht to appear and be heard at such hearing. Dated: March 16 ,1984 ~:~:r~;~rge O. ~'~dl, Attorney, Ouoaue, New York 11959 NAM~ PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: /.,~.~/~_~ ~, /~-/~ , being duly sworr~"deposes and sa~s that on the _~"day -of ////~_ ~-~'~'_ - ~-, 19 (a~c./ , deponent mailed a true copy of the Notice set forth on the r- ' 'e- 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 ~ss~ment roll ~o~f t.,h~.Town of Somhold; that said N.tices were mailed at the United States Post Of- fice at ~'L.~/,~ ~- /(-./. 7 - (certified) (registered) mail, Sworn to before me this day of , ~/77c~..~ , Notary Public ;that said Notices were mailed to ea.c~h?f s.~ersons by DAVID 9, MESSER l~k3ta~/Public, State of New Monk NO1 24-4719188 ~allfled ~n Kinga County ~ea Explree M&reh ~0, BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Douglas Miller : ~t0 1the Board of Appeals of the Town of Southold : TO: Ms. Isle Metzger c/o T. A. Metzger 510 15th Street' Del Mar, California 92014 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the inlention of the undersigned to petition the Buard nf Appeals of the Town of Sou?hold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] Variance for approval of access. ). 2. That the property which is the subject of the Petition is located adjaceqt t9 your pro. perry aqd ~ad~:. cribed as follows: Tax Map #1000-121-4-10, formerly of MulvlhlI1 on ~aure: between the West end of Laurel Way and the East side of Kirkup Road. [North ~nd of Lake) 3, That the groperty which is lhe subject of such Petition is located in the following zoning district: Res±dentza] 4. ThatbysuchPetition, theundersignedwillrequestthefollowingrelief: Issuance of a ~a~ o~ n~upancy for vacan~ land permitinq access to Sound Avenue over existing rights of way as set forth in sellers deed. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are A:t. icle ic' Sec'c~on -~0 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 fo~ the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Post Office Address 7! _~_cntauk High,,,~y, ~_9_ n,-~v Quo~ue, New York 11959 NAME PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: //~..'...,~z,~ ~"?~'*~'c"/--~ .//.../cT/ . being duly sworn, deposes and says that on the ./~/ff day of ~/ /'./'/~,/~,~ , 1 9 Sc~ ', deponen! mailed a ~[rue 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 respecl[ive names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roil. of the '[.own of South.01d; Ihat said Notices were mailed at the United States Post Of- (certified) {registered) n~ai[. Sworn to before me this /o/ 7'~ day of .'?'7~ ,19 ~c/ Notary Public .,+ T~:'!CT TC:I~5: ~ '. ]"' '~')- ~1, ord(:r ,o ons~ar thc questions in--hi: short EAF Lt ~s assur [hot th~ prcpo:'cr will uso curran~l'/ available in~orr, a~ion concerning projccL (md thc likely img~c~s o~ tho action. It is not expectcd that odditiono] studic.~, rc~ccrch or o[hcr inves[igotions will bw undertaken (b) ]~ any quer. tion has been answered Ye~ thc pro~ec~ mo ~ignifican~ and o complnted Env.Lrol~m~n~o! Ass~ssmen~ Form is necessary. projcc~ ia mai :~nificcn~. (C) sc -" 1. ~;*~ p;'oJ~c; re.sui:--in o loro~ physical change to ~hc projccl si~c or p~siccl!~ alter more 2. ~'lill tSmrc bc c major ckc:~?c to any unique or · ut.usual lc:nd fozm taunt on thc .~i[e? .......... · pro~., a ..... or hc'/c u large effect on i-ti g b dy f ~ ~ Ye 4. %?ii! project h~'.'e ~ potanticiiy lcrGc impcc% 5. %';i!! projcc~ significcnily elf cci drainage - f! adja~_n ~ Y 6. Will pro jet[ off ac! any %hreo%an~:d or cndc,:~arcd picnL or ,,n:~ .... Sc' ? ' 1 · _ :u!t ' ' cfr~-.' -.~: ............................... st:'uc±urc o£ his. torte, prehistoric or pa.laonto logica! : '~ _mpo~ ...... or any site dcsignc~Lcd o5 a cri[ic~:! cnvironmenioi eree by ! ' 10. %','ii! proj~:c[ have a major cf fee% on existing .... or [uLurc recreations] opl~orluniiios? ......... 11. %~.[2! pro jet! result in .major lraffic problems or ccunc a mc jar cffcc% ia ~xiulin9 12. Will projec~ racuicrlY amaze objectionnble offers, noise, glare, vibration, or e!cctricol disturbance os a result of the project's opcr~[iorl? · 13. %'/ii1 prujcc~ have any impact on public bcalLh "' or .safely? .................................... 14. %'1il! p~ojec[ al[cci th~' exi~iin0 commurlity by- direci!y causing ~ growih in permanent population of more than 5 pcrccgt over o omc year per/od or hove a mo jar ncgolivc Cf tact on the cJlorgc~cr of ~hc community or ncig borJlood9 ................................. 15. ]u [here pallia con[rovcrsy co,,cerr, i~g the Yes Yes Yes Yes ~No Yes Yes' Ye s 5,YI,'o SCHEFFLE1R GULDI I{J~RLIN$IiY ~75 MADISON AVENUE NEW YORK, NEW YORK STEIN March 13, 1984 Planning Board Town of Southold Town Hall Southold, New York 11971 Re: Application of Douglas Miller for Minor Subdivision of Tax Map #1000-121-4-10 Dear Sirs: Enclosed are the following documents in support of the above named application for a minor subdivision: If any additional information would be of any use to the Board or any of its members, please contact me and give me an opportunity to provide it. Please contact me as soon as a date for a meeting at which this application can be heard is set so that I can be certain to remain available. a) 6 copies of contoured scketch map with names of adjoining owners and key map to streets. b) Fees of $75.00 for three lot application. c) Letter regarding drainage. d) Short Environmental Assessment form. e) Copy of Contract of Sale from Mulvihill to Miller. f) Copy of Mulvihill deed containing Legal description of property. g) 6 copies of a memorandum to the board describing proposed restrictions on lots of subdivision. Southold Town Planning Board Town Hall Southold, New York 11971 Gentlemen: The following statements are offered for your consideration in the review of the above-mentioned minor subdivision and its referral to the Suffolk County Planning Commission: (1) No grading, other than foundation excavation for a residential building is proposed. (2) No new roads are proposed and no changes will be made in the grades of the existing roads. (3) NO new drainage structures or alteration of existing structures are proposed. Yours truly, I,,~ T ?,F'.T I C;IS: -- ~ ord¢:r to thet th~ prcpo:'c~ w]~ use currcn¢~'/ ova~.tob}e ~nforr, at$on concerning th project rmd th~ ~]:c~7 ~m~c~s of the carson. ~t ts not expected that odd~t~ona] stud~e~, ~cse~rch o~ other ~nvestLgat~ons w$~ be undertaken. Cb) ]f en7 question has been answered Yc~ thc project ma7 be icont and o completed Environm~nta! Assessment Farm is necessary. ~ign~(c) ]F oil ques[~ons have been ~nswered Ho it is likel'y that this projac~ is nat ~ignificcnL. · .e~u;~ large physical chon~e ~o ibc projecl silc or physiccl!y a!ler more th~:n 10 ocre~ oF lo,lcd? ...................· Yes X exl:tin9 bcd7 of ~aL~? ...................... yp o 4. ?/ill pzoject have a potan~iaii7 large impact ~ ' on 9rcundwat~r ~. wiii p~]~t =i;~iri~tix ~'r.~i d:~i~; ' .... Flow on adjacent ~'' 6. ~','ill projccL affect any threa¢~,~',d or cndongurcd 7. Will proj,-st re~ul~ in g ' ' on air cluc:.ti 8. WiLL prnjec~ he:ye o ma~ore~"~,, ec*~ on visual ' ' cl]c:rc:c¢cr of [he community or 5conic views or v/r. tor, knovm to'be impor~an~ ~o *' ~ ' - .,~ communiLy?__ Yes ~o ~. Uill project adversely iai)ecL on7 site or s.:uc~ure of bin%eric, prehistoric or Po-leon~o!ojicc~l impol'~oncc or any ~ite " 10. Will pl'oj~c~ have a major effect on exisiing ' or fu[urc rccrcotion=] opportunilies?... or ccc, ne o major cffcc~ to existing 12. %';ill project .reGularly odors, noise, glare, vibration, or c!cc~ricol dis%ur{3once os o rcsu!~ of ~.he projoc¢'s opcro[zor ? ......... ' ........................... Yes ~No' ]3. %'1ill projcc~ have on)' impoc% on public healLh- - ' Ly? Y ~N 3 .... .... ......................... o . .-1 l) o directly ccusino o growth in permcncnt populotion of more then 5 percept over o one yeor period or hove o mojo~ ncootivc e£~ect on the chorg'cier of the co::',munit¥ or neighborhood? ................................. ]5 [here public con[rovcrsy concernilt0 the pro joel? ...................................... ]5. REI'RESEIIT II,,G_ ( lC3/J ~/.~ 5 /.//////.~_/- Yes ~No Yes '~" N o APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the To~vn of Southold: The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town Planning Board, and represents anti states as follows: 1. The applicant is the ~-~ .... ,~ rc~,,,, ,,~ ~.,c lan~ .:.~2~: ai;i;.~c~.::c... (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) ../ 2. The name of the subdivision is to be .~...~...~...~'. ....................................... 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) _~//f'~./_ ~ 4. The land is held by thej~applicant under deeds recorded in Suffolk County Clerk's office as follows: ,her .... ..:.:...o...? ...... Page ..... ......... Liber ........................ Page ...................... On ........................ ; Liber ........................ Page ...................... On ........................ ; Liber ........................ Page ...................... On ........................ ; Liber ........................ Page ...................... On ........................ as devised under the Last Will and Testament of ........................................ or as distributee ........................................................................ 7.7* ~ The area of the land is .... !.. ..'7'... acres. 6. All taxes which are liens on the land at the date hereof have been paid except .......... 7. The land is encumbered by ....~?. .... . .~..~ ............................... mortgage ts) as follows: (a) Mortgage recorded in Liber ............ Page .................... in original amount of $ ................ unpaid amount $ ................ held by .......................... .......................... address ...................................................... (b) Mortgage recorded in Liber ............ Page .................... in original amount oi $ ................ unpaid amount $ ................ held by ........................... .......................... address ...................................................... (c) Mortgage recorded in Liber ............ Page .................... in original amount of $ ................ unpaid amount $ ................ held by ........................... .......................... address ...................................................... 8. There are no otl~er encumbrances or liens against the land except C4''0' 4't'tq C4'' .......... The ,aud ',es 'n the fo,,o,¥,ng onlug d,str cts ........... I0. No part of the land lies under xvater xvhether tide water stream, pond water or otherwise, i 1. The applicant shall at his expense install ail reqnired public improvements. 12. The lant~ (/~ (does nott lie in a \Vater District or \Vater Supply District. Name of Dis- tnct, if within a District. is 13. \Vater mains will be laid by .. ..~.....~.. ' and (a) !no} charge will be made for installing said mains. 14. Electric lines and standards will be installed by .. ~ ~i~' .................................... anti (a) (no) charge will be made for installing said lines. 15. GasmainswillLeinstalledbv ...~.e..~' and {a) {no) charge will be made for installing said mains. 16. If streets shown on the plat are claimed hy the applicant to be existing pnblic streets in the Suffolk County Highway system, annex Schedule "B" hereto, to show same. 17. If streets shoxvn on the plat are claimed by the applicant to be existing public streets in the Town of $outhotd ltighway system, annex Schedule "C" hereto to show same. 18. There are no existing buildings or structures on the land which are not located and shoxvn on the plat. 19. Where the plat shows proposed streets which are extensions of streets on adjoiniug sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctious with the proposed streets. 20. In the course or' these proceedings, the applicaut xvill offer proof of title as required by Sec. 335 uf the Real Property Law. 21. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex Schedule "D". $ .%~./..I.:. as ttemmed t h "" ..... :- ' ' 'n Sc edule E hereto annexed and requests that the maturity of the Performance Bond be fixed at ............ years. The Performance Bond xvill be written by a licensed surety company unless other~vise shown on Schedule "F". ....... .... .... .......... (Name of A~[~plicant) ~..~ ~ ($i~ure and (~itle)/ ~'~o~4t~ (Address) STATE OF NE3,V YORK, COUNTY OF n~t e ./ ........ .~. .... day or. ~ ................ 1 .9~,..~/.., before me personally came ~.e...~..~.~... ~...~.(.~,., ......... to me ~no,~, ,~ ~e t~e ,nd,~idua, descr,~ed ,~ and ~h.~ executed the foregoing instrument, and ackno~vledged that ....~C-.~ ...... executed the same. DAVID S. MESSER Netsry Public. State of New No. 24-47~ 9188 Ouelif/eO in Kin~s Commission Ex~u'ee March Notary Public STATE OF NEW YORK, COUNTY OF ................................. ss: On the .................. day .............. .i ........... 19 ....... be/ore me personally came ................................................ to me known, who being by me duly sworn did de- pose and say that ............ resides at No ..................................................... ................................................ that .......................... is the .......... the corporation described in and which executed the foregoing instrument; that ............ knows the seal ot said corporation; that the seal affixed by order of the board of directors ot said corpor- ation, and that ............ signed ............ name thereto by like order, Notary .......... Pu/~ii~: ................................... MEMORANDUM To: $OUTHOLD TOWN PLANNING BOARD From: GEORGE O. GULDI Re: Minor Subdivision Application of Douglas Miller of Tax Map #1000-121-4-10 into three lots. Proposed Easements and Restrictions. 1) Ail three lots would have an unimproved pedes- trian right of way to a point at the intersection of lots B, C and the edge of the wetlands.* At the intersection point a bridge would be constructed to the peninsula and a nature walk will be built to the edge of the lake. The use of the nature walk and bridge would be an appertenant right of way of each lotowner. Maintenance of the bridge and nature walk will be a joint and several obligation of all three lotowners. Maintenance decisions and rules as to use will require the consent of at least two of the lot- owners. Apportioned shares of the maintenance expenses will become a lien against the land. 2) Lot B shall have an easment over lot A for the construcion and maintenace of a driveway to Kirkup road. Such easement shall be adjacent to the existing Lilco right of way. The construction and maitenace of this driveway will be the sole obligation of the owner of lot B. 3) The easements and rights of way as they exist in the Mulvihill deed, a copy of wnic is provided herewith, will be preserved int the deed of the subdived lots. * For discussion purposes the proposed lots are refered to as A,B & C. Lot A is the western most lot, Lot B is the center lot and Lot C is the eastern most lot. Z Legend LAUREl Z LIN[ LOCA~ON MAP N. ?O°-P$'40"E:. --~ LOT 3 sTooo$~od'W 414.74' ROW OF LOT £ormer[y Joseph Macari NOTE: LAUREL LAKE M NOR SUBDIVISION PLAN PREPARED FOR ~ DOUGLAS MILLER AT MATT/TUCK DATE : P~B. P5,1904 TOWN OF SOU~D SCALE= /" = /00' SUFFOLK COUNTY, NEW YORK NO.  ~O OSTRANDER AVENUE ALaN W. YOUNg, PROFESSIONAL ENOINE~ LOCATION MAP // ?0'°2,5'40"E P~?OPOSEO zs'e.o VI, · !~ LONG ISLAN~ L~HTING now or LOT 2 LOT formerly Joseph Macari ~OR SUBDIVISION PLAN PREPARED FOR DOUGLAS MILLER AT MATT/TUCK TOWN OF SOUT~I~D SUFFOLK COUNTY, NEW YORK YOUNG s YOUNG ALDER W. YOUNG,PROFESSIORAL ENGINEER AND LAND SURVEYOR N.Y.$, LICENSE NO. IEG4S HOWARD W. YOUNG, LAND SURVEYOR N.Y.S. LICENSE N0.45893 RIVERHEAD , NEW YORK ?.~.. ~ ~.,,..~._ % ~~. suRW~ ~oa ~ MATT'~ucKPEGA~US" REALTY CORP.~ ," ,, ','," TQ~N OF SOUTHOLD ~'_ ~~ , "~ ~" SUFF, CO4 N,Y. ~UA~T~E~'~/~r~¢~ ~ ,' ' [ /~ , ,, N~Z, , ,~ULY, ~8,' 965 ~~'~ ~.~ ~- ' ~'" "= ,,mONUMENT ~,,; ,, , , , ,,,, ,;,~,,,. : ":v,,, ,, ..... ~ , , ' ,' , , :,, ~, ,, , ,,,,, , ,~,,, , ,,, ,, ' ~ , , ', ~ , , ,,,