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HomeMy WebLinkAbout3184 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3]84 Application Dated October 25, ]983 (Public Hearing April 5, ]984) TO: Abigail A. Wickham, Esq. [Appellant(s)] for PETER AND PAIRICIA LENZ Main Road, Box ]424 Mattituck, NY 11952 At a Meeting of the Zoning Board of Appeals held on April ]9, ]984 the above appeal was considered, and the action indicated below was taken on your ~ Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a, and [ ] Request for Special Exception under the Zoning Ordinance Article , Section Request for Variance to the Zoning Ordinance Article III , Section ]00-3], Bulk Schedule [ ] Request for The public hearing on this application was held on April 5, 1984. Upon application for PETER AND PATRICIA LENZ, Main Road, Peconic, NY (by Wickham, Wickham & Bressler, P.C.) for Variances to the Zoning Ordinance: [a] for approval of insufficient width of two proposed parcels and [b] for approval of access, New York Town Law, Section 280-A. Location of Property: Right-of-Way off the North Side of Sound Avenue known as Private Road #11, Mattituck; County Tax Map Parcel No. 1000-112-1-011 and 012. The board made the following findings and determination: By this application, appellants seek: (a) approval of access over an existing, traveled right-of-way as indicated on the October 3, 1983 survey prepared by Young & Young having a length of 3,930 feet commenc- ing from the north side of Sound Avenue running northerly, and thence 105 feet to a monument at the westerly corner of the subdivision perimeter in question; and (b) approval of 100' frontage of each of the two lots in question within the subdivision. The proposed westerly parcel contains an area of 2.0975 acres and is improved with a two-story frame, one-family house with accessory garage/storage building in the easterly sideyard area. The proposed easterly parcel contains an area of 2.0871 acres and is vacant. The buildable area of each parcel appears to be approximately 60,000 sq. ft. and is at an elevation above 10' above mean sea level. The access road in question has a traveled width of approximately eight feet and is shown by the October 3, 1983 survey to have a legal width of 25 feet. The original road apparently was on original ground and has been improved through the years by the addition of gravel. There were small stockpiles of sand and gravel on the side which appear to planned for repairs and maintenance to the right-of-way. The present condition of the right-of-way is not good although the road is passable. There are numerous potholes and depressions in the gravel throughout. Some areas have 4" of gravel. For the record it is noted that this proposal has received approvals from the Southold Town Planning Board at its meeting of January 9, 1984, and from the N.Y.S. Department of Environmental (CONTINUED ON PAGE TWO) DATED: May 16, 1984. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 - Appeal No. 3184 Matter of PETER AND PATRICIA LENZ Decision Rendered April 19, 1984 Conservation under Permit #10-83-1456. Although the present lot width requirement is a minimum of 175 feet (Local Law No. 9-1983 effective August 16, 1983), it is the opinion of the board that the proposal as submitted appears to be the most feasible since there doesn't appear to be any viable alternative, (except flag-lots which are not encouraged by the Planning Board). Also, it is the opinion of the board that the right-of-way in question is in need of improvement in order to provide adequate accessiblity for emergency and other vehicles. In the event, however, additional subdivision(s) are proposed which may legally be using this right-of-way, reconsideration for additional improvements must be made. Upon inspection of the premises and the character of the neigh- borhood, the board finds the parcel immediately adjoining this property on the west (now or formerly Anderson) is a parcel contain- ing a lot width of 105 feet. In considering this appeal, the board determines: (a) that the relief requested is not substantial; (b) that by the granting of the requested relief, a precedent has not been set and therefore will not adversely affect the character of the neighborhood; (c) that by allowing the variance, no substantial 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; and (f) that the interests of justice will be served by allowing the variance, as indicated below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3184, application for PETER LENZ, BE AND HEREBY IS APPROVED AS APPLIED SUBJECT TO THE ~ITIONS: AND PATRICIA FOLLOWING 1. That the right-of-way be improved to a full minimum width of fifteen feet as follows: (a) Fill the holes and depressions with the same mixture of sand and gravel that has been used in past maintenance work; (b) Place an additional two inches [2"] of gravel on these areas and smooth road surface with a road grader; (c) Areas that have no gravel but are stable now after the recent heavy rains could be left intact. 2. That the right-of-way be continuously maintained in good condition; 3. Inspection by the Zoning Board of Appeals and/or the road inspector, after receiving notice that the road improvements have been completed in accordance with this decision. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. [~ERARD P. GO~HRINGEy CHAIRMAN May 16, 1984 Southold TOWn Board o£ Appeals MA~N ROAD- STATE ROAD :~5 SOUTHE3LD, L.I,, N.Y. 'JlCJ?l TELEPHONE (5t6) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRtNGER CHAIRMAN CHARLES GRIGONI$. JR. SERGE DOYEN. ,..tR. ROBERT J. DOIJGLA$5 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southoid, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursda~ril 5, 1984, .commencing at 7:30 p.m. ano as fotlows: 7:30 p.m. Recessed Hearing JAMES F. DRUCK III (from 3/2/84). 7:35 p.m. Application of JAMES A. and EDNA-MAE CHRISTIE, 675 North Oakwood Road, Laurel, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to re-separate Lots 31 and 32, Map of Laurel Park, Map No. 212, with insufficient area and width and sideyard setback of existing dwelling. County Tax Map No. 1000-127-7-15 and 16. 7:40 p.m. Application of ROBERT A. CAMPBELL, 140 Bay Avenue, Greenport, NY for a Variance to the Zoning Ordi-nance, Article Iii, Section 100:31 for permission to locate dwelling with an insuffim cient fr6ntyard setback from Washington Avenue. Location of ProperTy: Southwest corner of Washington Avenue and Middleton Road, Greenport; County Tax Map Parcel No. 1000-041-02-001. 7:45 p.m. Application of LINDA MILLER FAULKNER, Box 787, Cuchogue, NY for a Variance to the Zoning Ordinance, Article III, Section lO0-31 for permission insufficient area and width. to re-separate two parcels with Location of Property: Southwest Side of West Creek Avenue, Cutchogue, NY; County Tax Map Parcel Nos. 1000-103-t3-4 and 5. /:50 p.m. Application of CAROL PLOCK, t0003 North Bayview Road, Southold, NY for a Variance to the-Zoning Ordinance, Article III, Section 100-31 for permission to re-separate two parcels with insufficient area and width, and a ~aria~ce for approval of access, New York Town Law, Section 280-A. Location of Property: 10007 North Bayview Road, Southold, NY; County Tax Map Parcel Nos. 1000-79-5-17 and 21. 8:00 p.m. Application of GEORGE AND NATALIE WIESER, 14!5 Har~ bor Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article Ii!, Section 100-32 for permission to construct accessory swimmingpool in an area other than the rear yard.at 1415 Harbor Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-97-5-10. ~.~ag~e 2 Legal Notice oT Hearings Regular Meeting of ApriQ 5, 1984 $outhotd Town Board of Appeals · . 8:05 p.m. Application of ROBERT BROWN, Main Road, Greenport, NY for a Variance to the Zoning Ordinance, Article VIII, Section 100-81 for permission to construct addition with an insufficient frontyard~setbacko Location of Property: 74450 Main Road~ Green- port~ County Tax Ma'p Parcel No. 1000-45-06-006o 8:10 p.m. Application of BERIT LALLI, 1405 Narrow River Road, Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct garage addition with an insufficient rearyard setback. Location of Property: 1405 Narrow River Road~ Orient; County Tax Map Parcel No. 1000-027-03-006.3. 8:15 p.m. Application for THOMAS R. AND BARBARA D. MERCIER, New Suffolk Avenue, Mattituck, NY (by Wickham, Wickham & Bressler, P.C.) for a Variance to the Zoning Ordina~ce~ Article III, Sec- tion lO0-30(A) for permission to convert an existing single-family dwelling use into two professional offices. Location of Property: 4905 Middle Road (C.R. 48), Mattituck, NY; County Tax Map Parcel No. 1000-141-01-2!~ "Map of Clara W.R. Reeve #212"~ Part of Lot 5~ ~'~:25 p.m. Application for PETER AND PATRICIA LENZ, Main Road, Peconic, NY (by Wickham, Wickham & Bressler, P.C.) for Variances to the Zoning Ordinance: width of two proposed parcels and New York Town Law, Section 280-A. off the North Side of Sound Avenue Ia] for approval of insufficient lb] for approval of access, Location of Property: Right-of-W~ known as Private Road #11~ Mattituck; County Tax Map Parcel No. lO00-112-Ol-Oll and 012. 8:30 p.m. Application of CROSS SOUND FERRY SERVICES, INC., Box 33, New London, CT 06730 for a Variance to the Zoning Ordinance, Article VII, Section lO0-70(A) and Section lO0-71 for permission to Iai construct principal building with an insufficient frontyard setback from the easterly property line and [bi establish a ferry- terminal use in this B-1 Business District. Location of Property: 42175 Main Road, Orient, NY; County Tax Map Parcel Nos° i000-015-09= 11. 8:45 p.m. Southold, NY for a Section 100-31 for oarcels located at Tax Map Parcel No. Application for MARY GRIGONIS, 550 Wel~s Avenue, Variance to the Zoning Ordinance, Article !II, approval of insufficient area of two proposed the west side of Wells Avenue, Southold; County 1000-061-02-08. For information concerning these, matters, please contact Linda Kowalski at the Office of the Board of Appeals, Town Hall, Southold, NY; tel. 765-1809 or 1802. Those persons having an interest in these matters may appear and be heard at the time and place specified above. Dated: March 17, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN (eno of legal notice) ~'~S~ge 8 Legal Notice of Hearings Regular Meeting of April 5, 1984 Southold Town Board of Appeals NOTICE TO NEWSPAPERS: Please publish once, to wit: Thur.sday, March 29, }984 and for~ardll affidavits of publication to: L. Kowalski, Board of Appeals, Main Road, Southold, NY 11971, before April 3, 1984. Copies have been forwarded to the following 3/26/84: Suffolk Times (personal delivery) L.I. Traveler-Watchman, Inc.~ (personal delivery) Posted on Town Clerk Bulletin Board Dr. and Mrs. James A. Christie Mr. Robert A. Campbell Mrs. Linda Miller Faulkner Mrs. Carol Plock Mr. and Mrs. George Wieser Mr. Robert Brown Mr. Berit Lalli Dr. and Mrs. Thomas R. Mercier Wickham, Wickham & Bressler, P.C. Mr. and Mrs. Peter Lenz Wickham, Wic~ham & Bressler, P.C. Mr. Howard W. Young Cross Sound Ferry Services, Inc. Attn: R. McMurray Mrs. Mary Grigonis Mr. Charles Grigonis Supervisor and Town Board Planning Board Individual ZBA files Building Department FORM NO. 3 TOWN OF SOUTROLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N,Y. NOTICE OF DISAPPROVAL Date ........................... 19 ..... PLEASE TAKE NOTICE that your application dated .. ~. ~?..~.~ .... /..~. .....19 .~..~.. County T~ Mar No. 1000 Section .. [t~ ...... Block .~A ......... Lot ~/Z .~Or~. SubdMsion ..... ~ ....... Filed Map No. ' ..... Lot No ..... ~.. ~. ......... is re~med herewith and disapproved on the fo,owhg grounds..~0~.. ~(~, ~0~. O~. ~o~ Bmldmg Inspector TOWN OF.~$OUTHOLD, NEW YORK 1983 FROM DECISION OF BUILDING INSPE¢OR APPEL NO. DA'rE 1983 TO THE ZON NG':BOARD', OF APPEALS, TOWN OF SOUTHOLD,: N. Y. , ' . - ~dme ~'~ppe[l~t . .St~e~ OM Num~r THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) PE.%'~.,~-~ d,,.PAT*IC.IA.. LEiCE ........................ Name of Applicant for permit of .vmai~..~o&d.,.....Rec.on£c., .......... Ne~c..Y~k ............................................... Street and N amber Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PE1LMIT TO DIVIDE 1. LOCATION OF THE PROPERTY .Pr=v.a~e...P~l,...o:£..&ouad..A~.e.$.....'-~m-,--' ..-.Z';: .... Street Use District ~Z6~nin-~ '"J~ap Suffolk County Tax Map Moo No. Lot No. #1000/112/01/011 & 012 2. =ROVISION (S) OF THE ZONING ORDINANCE APPEALED (,Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not ouote the Ordinance.) Article iTT - ~¢,o_ 1~8-3_1 ~_nd Bulk Schedule 3 TYPE OF APPEAL Appeat is made herewith for (X ~ A VARIANCE to the Zdning Ord;nonce or Zoning Map A VARIANCE due to lack of access (State of New York:Town Low Chap. 62 Cons, Lows Art. 16 Sec. 280A Subsechon 3 4. PREVIOUS APPEAL A Frewous appealS(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ~ reauest for o special oermi~ ( ) request for a variance and was made n Appeal No ............................... Doted ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that applicant wishes to divide a 4,18 acre parcel into two lots with insufficient width, as shown on attached map by Young & Young dated October 3, 1983. Since access to the property is by a deeded right of way, the right of way must. be approve~d by the Planning Board and S288(a) application is not requzred. ' (Continue on other side) REASON FOR APPEAL Continued;, 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unn~es- sarv HARDSHIP ~ca~e the t%~o lots each contain over two acres but require a Variance for division due to znsuf~iczent width. T~ ils a ho~se with accessory buildings located enti~,ely on one of the lots, except for a tin shed which can he removed, leaving the other lot with a very unequal sideyard-if~ the iotsare not divided., The only way to divide the lots and comply with the width requiremen~ is to have one lot on the Sound and one lot i: the rear, which deprives one of the owners of Sound frontage. 2. The hardshi~ created is UNIQUE and is not shared by all properties alike in the immediate vJcinit~ of this oroperty and in this use district because the !o~: adjoin£ng ¢o the west is of approximatel~ the size of each of the cwo proposed lots, 3 The Vcr]ance would observe the~irit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRIC~'because are long and narrow. The cwo proposed lots have been:~ separatel~ for many years. STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK ) /~ X~otary Public VILLAGE TYPE OF BUILDING LOT RES, .fi// I SEAS. ~,ND IMP. NEW j jjORMAL Farm Acre Tillable 1 VL. ¢ FARM COMM IND. CB. MISC. TOTAL DATE j REMARKS BELOW ABOVE Value Per Acre , Value Tillable 2 Tillable 3 Wcodland Swampland Brushlan~-- _~ House Plot To fa I ~ '~~ T©~ @~ ~©L~THOLU ~R@P~TY ~CO~ CA~ ~ OWN ER STREET , ~-~"FORMER OWNER N RES ~ ! SEAS' 'P/~ I ' ' LAND IMP. VL. I FARM TOTAL j_~ DATE REMARKS __kd& v- / -- - e<~ -c .o ,CZ) AGE ~- NEW Farrn Acre Tillable Tillable 2 Tillable 3 Weodland Swomplond BUILDING CONDITION NORMAL BELOW ABOVE Value Per Acre ] Value BrusMand To to I OWN E R FORMER OWNER RES._-?// SEAS. LAND IMP. TOTAL DATE REMARKS DISTRICT ~ SUB. ACREAGE /-' TYPE OF BUILDING IND, CB. MISC. LOT AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE ~qOC~ .... FoFm :TdlobIe 1 : a_'ole 2Tiilable 3 Acre i Value Per Acre JWeodland warnpland~ [ ] | I ._ : .... - i . . :~'rushland House Plot Fora I M. Bldg. .~ · , ~,~xZ Foundation &* ~ Bath Extension, - ~ ,,, :~ r ~'~ ~/ I /t ~ Basement Extension ~t. Wotls _~z~_~,,,,.. .......Interior Finish Extension 1 Fire Place / He~ Porch Porch Breezeway, Patio Attic Rooms 1st Floor Rooms 2nd Floor [~C' ,- 71,'-F APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 September 4, 1998 Shepard M. Scheinberg, Esq. Scheinberg, Schneps, DePetris, & DePetris One Union Square P.O. Box 716 Aquebogue, NY 11931 Re: 280-A Update/Lenz/Right-of-Way/112-1-12 Dear Mr. Scheinberg: This will confirm that I have recently inspected the condition of the right-of-way which received conditional approval under ZBA Case No. 3184. The right-of-way must be brought up to the minimum standards required by Condition 2 for continuous maintenance, and Condition 1-a. There are potholes, some of which are very large and must be filled as soon as possible with 10-15% stone and 2" bank run, compacted, and then leveled. A full 12-ft. minimum width must be improved with stone blend and bank run, and 15 ft. minimum width overall. For a minimum 13 ft. height clearance, all overgrowth must be cut back. Please contact our office after the above work has I~cn completed in order that another inspection may be arranged, if necessary. Very truly yours, Gerard P. Goehringer Chairman SG~En~nSE~O, SGm~T~S, D~. PETP~S & DE PETRT$ SEP - September 2, 1998 MAILING ADDRESS ISIDORE S(~HEINBERG 1900-1985 Southold Zoning Board of Appeals Town of Southold Main Road Southold, NY 11971 Attn: Gerald Goehringer Re: SCTM #1000-112-1-12 Dear Jeny: Thank you for your telephone call of last week relative to the above referenced premises. You advised me that you were going to take a look at the right-of- way nmning from Sound Avenue to the subject premises to see whether the right-of-way was expanded to the width as required under the Zoning Board of Appeals approval given to Peter and Patty Lenz. inspection. I would appreciate hearing from you as soon as you have completed that Very truly yours, SHEPARD M. SCHE1NBERG SMS/ds Att. cc: Dr. Joel Hirsch (with att.) Richard Klee, Esq. (with att.) EMIL F. DE[ FETRI5 RICHARD E. DE PETRI$ 5HEPARD M. SCHEINBERG (516) 72245100 FAX (516) 72E'5093 August 18, 1998 MAILING AIDIDR ESE, POST OFFICE 50X 599 RIVERHEAD, NY 11901 ISIDORE SCH E[IN BERG 1900-1985 Southold Zoning Board of Appeals Town of Southold Main Road Southold, NY 11971 Atto: Gerald Goehringer Re: SCTM #1000-112-1-12 Dear Mr. Goehringer: Enclosed please fred copy of decision made by the Southold Town Zoning Board of Appeals on April 19, 1984 which affects the above referenced tax map number and an adjoining parcel. I represent a prospective purchaser of tax map lot #12. As such I am concerned as to whether the enclosed decision is still valid and remains in full force and effect. As the appeal was granted more than 15 years ago my concern has to do with whether the right-of-way having a length of 3930 feet commencing on the south side of Sound Avenue and running northerly as presently improved may permit a residence to be built on the subject lot number 12 without further improvement. I am also concerned that the variance reducing the requirement of the 175 foot width of the lot to 100 feet is still in full force and effect and lastly, whether the approval by your Board which appears to grant a 280A variance is still in full force and effect. I would appreciate your advising me of the foregoing and whether any further approvals are required from your Board in order that the subject lot be a buildable lot under the Zoning Ordinance of the Town of Southotd. Very truly yours, SHEPARD M. SCHEINBERG SMS/ds Att. cc: Dr. Joel Hirsch (with att.) Richard Klee, Esq. (with att.) .Southold T'~,,, R£SER'~ E r ~ioz~ub SILKWORTH PAG£ 82 ,a"d of Appeals -4- April lg, 1904 Special Meeting IZ · ,:t:~SION: Appeal No. 3184: Upon appli,~t-on for ~ETER AND.PATRICIA LENZ, Main Road. · NY (by Wickh,:;, ~:,:kham & Bressler, _~ ~-;;~ .... , Pecon~c, Ordtnance~ ~,,] fnr approval of insufficient width of two proposed ..... ~ ,v, v~rJances to the Zoning parcels an.) i:~ lot approva! of access, New York Town Law ~80-A. Lo,:,[ ~" :'f Property. R~.k, _~._ __ , Section ._ . ( _ ,~-~-uT way ott the North Sound Avem~} i.r' ' Side of Parce] No. i',' ' s rnvate~d #11, Mattituck; Count , '..,' ~:-1-011 a~012.~- y Tax Map The publ~ hearing on t~pl'ication was held on April $, 19Bd, at which time !n,, hearing was declared closed pending deliberations and lnspect.~,~r ,.: the premises in question. The boe"d ~, ch~ the following findings and determination: By this ~:~i,catton, appellants seek: (al approval of access over an existing, ~r~¥,~led right-of-way as indicated on the October 3, 1983 survey prer.,,.~.; t,:, Young & Young having a length of 3,930 feet commenc- ing from th,. ~:.'~h side of Sound Avenue running northerly, and thence 1DS feet to: .~ ,t:F. ument at the westerly corner of the subdivision perimeter ,,-, .,.'': ion; and (bi approval of 1DO' frontage of each of the two :,:.~ i,~ question within the subdivision. The proposed westerly pa,:,-. ~.~ntains an area of 2.0975 acres and is improved with a two-stor) ,' ~:., one-family house with accessory garage/storage building in r. ~,,';terly stdeyard area. The Proposed easterly parcel contains an ,,.-,: ~,f g.0871 acres and is vacant. The butldable area of each par<.~; .'~u~ars to be approximately 60,OOD sq. ft. and iS at an elevatio.~ ~) ~, 10' above mean sea level. The acc~.s,; ~.)~.t in question has a traveled width of approximately eight feet .~,,j : ~hown by the October 3, 1983 survey to have a legal width of ~5 .. :. Fha original road apparently was on original ground and f.~. :,..~,~ improved through the years by the addition of gravel. Their.: ~.~,~ small stockpiles of sand and gravel on the side which appear ~:: ~;.,nned for repairs and maintenance to the right-of-way. The present ,.,n,,+,on of the right-of-way is not good although the road is past;,n,".. There are numerous potholes and depressions in the gravel ':t ~'.'?~ut. Some areas have 4" of gravel. For the ,-,.c..,.-.~ it is noted that this proposal has received approvals t,,;~, ,~, $outhold Town Planning Board at its meeting of January 9, '~.~ .,,d from the N.Y.S, Department of Environmental Conservatior ;,. ,. Permit ~10-83-1456. Although 'h:. Present lot width requirement is a minimum of feet {Local (~ th) g-1983 effective August 16, 1983), it is the opinion of thr .:~dd that the proposal as submitted appears to be the most fe~i. alternative. Planning 8o.~. inca there doesn*t appear to be any viable flag-lots which are not encouraged by the lSD, it is the opinion of the board that the ¥88/i3/19~8 13: iS 5i82984485 SILKWORTH PAGE 83 Sout~old , ..... ;~',J of Appeals -5- April lg. 1984 Special Meeting (Appeal ~r~ ,' .4 PETER AN~ PATRICIA LENT. continued?) right-of-way ~n cuestton ts tn need of improvement tn o~der to provide ad~.;.:,:~ accessiblity for emergency and other vehicles. In the ev~,-,~ hob'ever, additional subdivision(s) are proposed which may t.~:,~ ¥ be using this right-of-way, reconsideration for addit~.~:'1 ,p~ovements must ba made. Upon insp~.tion of the premises and the character of the neigh- borhood, t~ :~,~ finds the parcel immediately adjoining this property o,..~,. ~,~,st (now or formerly Anderson) is a parcel contain- ing a lot ~:'t, ,:t 105 feet. In'considering this appeal, the board determines: (al that the relief requ~t~d is not substantial; (b) that by the granting of the request( .... '~, ief. a precedent has not been set and therefore will not that by all:,~. properties ,.,,.,~'..- produced or~ population. and promot,~, ~h,. 9~:neral purposes of zoning~ and interests ,-,~' ,.,~tlce will be served by allowing as t ndi ca t(~.:~ affect the character of the neighborhood; (c) ~he variance, no substantial detriment to adjoining be created; (d) that no adverse effects will be ~ble governmental facilities of any increased that the relief requested will be in harmony with (fl that the the variance. Accordi;.)'i.,. ~)n motion by Mr. Sawicki seconded by Mr. Srigonls. it was RESOLV('I) ~sat Appeal No. 3184. application for PETER AND'PATRICIA LENZ, BE A):I ~,'!?!ly IS APPROVED AS APPLIED SUBJECT TO THE FOLL'OWI~C Lq~N1)~TTO~s. ' ' 1. Th,~ th,, r'ight-of-way be improved to a full minimum width of fifteen feu~ ~ f',llows: (al F-!~l the holes and depressions with the same mixture of sand and gr,~..., t')at has been used in past maintenance work; (b) F':~(c~. an additional two inches [g"] of gravel on these areas and ~,, · !. ,-Dad surface with a road grader; (c) A~,~a~; that have no gravel but are stable now after the recent hear!. ,, n. could be left intact. 2. Thai condition; ' ~' "ight-of-way be continuously maintained in good b' 3. In~c~i~ by the Zoning Board of Appeals and/or the road nspector, Q~-~.~ .:~ceiving notice that the road improvements have een compl~rJ ~n ,!tccordance with this decision. Vote o'F Ih,. B~ard: Ayes: Messrs. Goehrlnger, Doyen. Grigonls. Oouglass an, ;,.,,~:i. This resolution was unanimously adopted. 1444 · 12700 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 RDAD- .STATE ROAD 2.5 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 TO: Vic Lessard, FROM: Jerry, Board DATE: November 18, SUBJECT: Building-Department of Appeals 1985 Administrator Letter from Warren M. Cannon Received 11/18/85 Questions Concerning Enforcement of ZBA Conditions Appeal No. 3184 - Peter and Patricia Lenz Today we received the attached correspondence from Warren M. Cannon concerning enforcement of maintenance and standards to be used in this access road as required by New York Town Law, Section 280-A and ZBA decision in Appeal No. 3184. Since we are not in a position to enforce our conditions, may we ask your assistance in answering Mr. Cannon's inquiries? A copy of Mr. Cannon's letter and the conditions to be enforced are attached for your convenience. lk. WARREN M. CANNON November 8, 1985 Mr. Gerard P. Goehringer Chairman Southold Town Board of Appeals Main Road Southold, New York 11971 Dear Mr. Goehringev: It was very thoughtful of you to send me a copy of your letter of October 25 to Mr. and Mrs. Peter Lenz. It was a little disturbing to note, however, that Mr. Davis described the access road as "leading to the property of Peter and Patricia Lenz" and - on the drawing - as "Access Road - Peter and Patricia Lenz." In fact, the road has a tax map designation and has provided access to other properties long before the Board granted the variance that led to the apparently speculative purchase by the Lenzes. If this mistake could ever cause confusion or difficulty in the future, Mr. Davis should file an amended report with a proper description. The widening and grading of the access road, though long overdue, is a very welcome compliance with one of the conditions of the variance granted by the Board. We are not necessarily out of the woods, however, since a second condition relates to continued maintenance of the road. Mr. Tasker's letter of October 25, 1984 (copy attached), clearly states that the obligation rests with owners of the land for which the variance was granted, presently the Lenzes and De Graafs. I understand from a third party, however, that the De Graafs had no knowledge of such obligation at the time of purchase and may have none today. Even if the De Graafs accept and are willing to meet their obligations fully and promptly, there remains Mr. Lenz, who delayed widening the road, who refused to maintain it before widening, who has refused to pay his taxes on the road and who has stated in writing to me that "I pay my obligations when and if I feel like doing so". (A copy of his letter of November 1, 1985 is attached. Also attached are copies of two other letters which, provide background for this extraordinary statement.) Unfortunately, I see absolutely no reason not to anticipate disputes with Mr. Lenz over the condition of the road in the future. That being the case, I think it would be prudent to find answers now to three questions: 1. Who will make the official determination in the future that the road requires maintenance? 2. What standards will be used? 3. What actions can be taken in the event a property owner refuses to provide required maintenance? Since you have referred similar questions to Mr. Tasker, I am sending a set of copies to him. I dislike having to spend my time on a matter such as this and to have to bring it to your attention, but Mr. Lenz leaves me little alternative. I presume that at some time the Board will be called upon to determine that the conditions are, or have been, satisfied sufficiently to permit exercise of the variance. Mrs. Cannon and I would be g~ateful if we could be notified in advance of the meeting at which such action may be contemplated. Very truly yours, Warren M. Cannon cc: Robert W. Tasker, Esq. DEPARTMF'NT OF HEALTH SERVICES COUNTY OF SUFFOLK PETER F, COHALAN SUFFOLK COUNTY EXECUTIVE DAVIO HARRIS, M.D.. M,P.H, February 20, 1985 Peter and Pa~ricia Lenz c/o Wickham, Wickham & Bressler, P.C. Main Road PO Box 1424 Mattituck, NY 11952 RE: Minor Subdivision of Peter and Patricia Lenz Mattituck (,T) Southold Dear Mr. and Mrs. Lenz: I am in receipt of your application for the above referenced realty development. At present, this Department is using the 1974 tax maps as a guide in detemining whether or not the filing of a subdivision map is required ~ under Article 6 of the Suffolk County Sanitary Code. Since it appears that the tax parcels referenced above have not changed in configuration since 1974, this Department would not require the filing of a subdivision map. Please note that any changes in the tax parcels configurations will require that a map be filed and that the present standards be applied. Furthermore, the policy of this Department's use of the tax maps as a guideline is under review by the County Attorney's office and therefore subject to change in the future. If you have any questions concerning this, please feel free to contact me. Very truly yours, Royal R. Reynolds, P.E. Public Health Engineer Waste Water Management Section RRR:ljr R,V~""E^O. ".'. "'0' 548-- 3318 Page 11 ~3/4/85 field inspection noting the stakes and the survey map. Mr. Bryer commented that according the map and the placement of stakes which was an accurate reflection of the map, there was enough building area. Mr. Ward said that according to the defenition of lot area Mr. Samuels appears to have enough land, and the only question is if the Health Department will approve for water and~sewer. noted that final is obtained. It was approval will not be granted until Article 6 approval On a motion made by Mr. Ward, seconded by Mr. Mullen it was RESOLVED that the Southold Town Planning Board 9pprove the sketch map of Thomas Samuels for two lots on 3.75 acres located at Orient plans dated as. last amended January 29, 1985. Vote of the Board: Ayes: Orlowski, Mullen, Ward, Edwards Peter and Patricia Lenz- Abigail Wickham, attorney at Law, was present for the review of this proposal. Mrs. Wickham had requested that this application be processed as a set-off. It was noted that the Health Department had reviewed themaps and indicated that since the two paucels were_shown!~on the tax map and there was no variation this proposal would be exempt from Article 6 approval. New maps had been submitted indicating a 50' right0f-way on the southerly boundry line for future dedication to the Town. TheChairman read the correspondence fromthe County Planning Commission noting that they had approved the subdivision with conditions. Mrs. Wickham questioned condition NO. 3 which stated that the clearing on the bluff sha~ be limited to maintenance only~and shall be within 50' of the bluff. It was the consensus of the Board not to override this condition and noted that there would be a problem in the future if the Board inspected and noted that the vegetation had been cleared to the dirt. Mrs. Wickham also questioned the condition dealing with the common access to the beach, she explained that this condition creates a problem on marketing the parcel and on liability of the lot owners. Mr. Mullen noted that this created a problem in the past and that there was also a question of maintenance of the conunon access which was a legal problem. On a montion made by Mr. Ward, seconded by Mr. Mullen it was RESOLVED that the Southold Town Planning Board override the Suffolk county Planning Commission's condition No. 6 regarding the common beach access within the subdivision of Pete~ and Patricia Lenz located at Mattituck. Vote of the Board: Ayes: Orlowski, Mullen, Ward, Edwards On a motion made by Mr. Ward, seconded byMr. Mullen it was RESOLVED that the Southold Town Planning Board approve the set-off of Peter and Patricia Lenz located at Mattituck, plans dated as last amended March 1, 1985 subject to the following conditions: 1. No lot shall be subdivided or its lot lines changesd in any manner at any future date unless authorized by the Southold Town Planning Board. 2. No residential structure of sanitary disposal facility shall be Page 12 3/4/85 Lenz cont. installed or constructed within 100 feet of the top of the bluff ~ onLot No.2 This requirement shall also apply to any new constr t' · uc ion on Lot No. 1. 3. Clearing and cutting of vegation within 50' of the top of the bluff shal me limited to that necessary for maintenance and removal of dead or diseased vegetation. 4. No grading sha~ be permitted within 50' of the edge of the bluff except that that may be necessary to control or remedy erosion or to prevent stormwater from flowing over the edge of the edge of the bluff. 5. No s~ormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the face of the bluff in any manner. 6. The small shed that straddles the proposed lot line shall be relocated. 7. The southerly 50' of the premises shall be reserved for future dedication to the Town of Southold for highway purposes. 8. Conditions 1-7, inclusive, shall be filed as covenants and restrictions in the office of the County Clerk on or prior to granting approval of this subdivision. Vote of the Board: Ayes: Orlowski, Mullen, ward, Edwards On a motion made by Mr. Mullen, seconded by Mr. Ward it was RESOLVED that the Southold Town Planning Board recommend to the Zoning Board of Appeals that the application of Emilia T. Pike located at Mattituck be approved, since following a field inspection, the Board noted that it is in conformance with the surrounding area. Vote of the Board: Ayes: Orlowski, Mullen, Ward, Edwards On a motion made byMr.Mullen, seconded by Mr. Ward it was RESOLVED that the Southold Town Planning Board grant a 90-day extension on the final action of Cove Beach Associates located at East Marion, pursuant to the request of the attorney for the applicant. Vote of the Board: Ayes: Orlowski, Mullen, Ward, Edwards Mr. Garrett Strang approached the Board for discussion onthe action for Lynn Sciora-"Ann's Country Cafe". The Board explained that the state highway department should be contacted for parking inthe state right-of-way. The Board indicated that they will forward a letter with their recommendations to the Board of Appeals for their review prior to a public he~ring. To: Gerard P. Goehringer, Chairman Report No. 483 Southold Town Board of Appeals From: John W. Davis Date: October 1, 1985 Re: Appeal No. 3184. Access Road north side of Sound Avenue, Mattituck, length 3930 L.F. to property of Peter and Patricia Lenz. The existing road has been widened, potholes and depressions filled and the surface smoothed with additional medium sized gravel and sand. The width is 15 ft. except for 150 ft.± at the entrance where full widening could not be done due to utility poles and an existing hedge on the east side, together with a few small other isolated areas. Road widths measured at utility poles (all on east side except for first 2 poles on west side). See attached sheet for widths and test holes. Based on above I would recommend approval of the existing road as im- proved. ~/~ J0~n W.-Davis ']. · V APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWiCKI Southold Town Board of Appeals IvlAIN ROAD- BTATE ROAD 2,.~ SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 September 26, 1985 Mr. John W. Davis Sterling Road Cutchogue, NY 11935 Re: Appeal No. 3184 Peter and Patricia Lenz Right-of-Way off the North Side of Sound Avenue, Mattituck Dear Mr. Davis: This will confirm that the Board has requested that you inspect the recent improvements of the above right-of-way as to compliance with this Board's decision rendered April 5, 1984, for additional gravel, a full 15' width, etc. In the event that the improvements do not appear to compliance, please recommend the additional improvements necessary, and we will further advise the applicant. be in Thank you for your assistance. Yours very truly, Enclosure GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Southo!d Town Board of Appeals MAIN ROAD ESTATE ROAD 25 BOUTHOLD, L.I., N.Y. ll¢:J?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J, DOUGLASS JOSEPH H. SAWlCKI October 25, 1985 Mr. and Mrs. Peter Lenz Main Road Peconic, NY 11958 Re: Appeal No. 3184 Dear Mr. and Mrs.'Lenz: This letter will confirm taken by the Board Qf Appeals evening in the above m~teE: that the following action was at a Regular Meeting held last RESOLVED, to accept Report No. 483 of John W. Davis dated October l, 1985.in the Matter of PETER AND PATRICIA LENZ concerning the impro~ement~ recently made ~ the subject right-of-way. ~. This resolution was unanimously adopted. A copy of this action is s~mu~aneously being furnished to the Buildi. ng Department for their files, YOLi~ very truly, GERARD P. GOEHRINGER ~B~ Linda Kowalski CC: Building Department Abigail. A. Wickham, Esq. TOWN OF $OUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 TEL. 765-1802 December 5,1985 To: Jerry Goehringer Board of Appeals From: Victor Lessard O~ Exec. Administrator--'~ Re: R.O.W., Pvt. Rd. #11 Aldrich Extension I will try to address your memo of November 18,1985 with reference to this R.O.W. and also try to resolve some of Mr. & Mrs. Cannon's concerns. Research indicates that this R.O.W. is jointly owned by all the property owners who at the time numbered 10. Now the number is reduced due to some owners selling to ad- jacent owners. Six property owners presently are subject owners of the R.O.W. These people are taxed as property owners on this each year. The judgement as to the con- dition and upkeep status would be that of the Building Inspectors with yearly responses from the various fire districts. Judgements to the R.O.W. would be based on the Town Engineers reported requirements. That part of the R.O.W. from Sound Ave. to the first property (present- ly Mr. & Mrs. Lenz) will be the responsibility of all six property owners. All the R.O.W. in front of each pro- perty owner will be that owners responsibility to ke~p properly maintained. Any legal action would have to be based on that part of the R.O.W. that would cause the action. If I can be of further assistance please contact me. VL:dsm Southold Town Board of Appeals I~AIN ROAD- STATE ROAD 25 SOUTHOLD, L.I,, N.Y. TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI July 26, 1985 Mr. and Mrs. Peter Lenz Main Road Peconic, NY 11958 Re: Appeal No. 3184 Dear Mr. aod Mrs. Lenz: This is in response to your letter dated July 23, 1985. I wrote to you ~n July 18, 1985 asking that you give the matter with the conditions imposed on the grant of the variance and approval of access to your property immediate attention and also advised you that if you do not intend to comply, the board will have no other alternative but to set this matter down for a new hearing to revoke the variance and access previously granted. I am advised by our town attorney that he discussed this matter with your attorney, Abigail Nickham, and that he also discussed this matter with you on the telephone, and that you indicated to him that you had no intention with not complying with the conditions imposed. I again ask you to advise this board within the next l0 days whether or not you intend to comply with the conditions. If no response is received from you within said period, the board will proceed to set this matter down for a new hearing to consider the question of revoking the variance and approval of access previously granted. Yours very truly, GERARD P. GOEHR]NGER CHAIRMAN CC: Abigail A. Wickham, Esq. Robert W. Tasker, Esq. Southold Town Board of'Appeals MAIN ROAD- STATE ROAD 25 SI:]UTHE}LD. L.I., N.Y. 11c)'71 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P, GOEHRINGER, CHAIRMAN CHARLES GRIGON[S, JR. SERGE OOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI July 26, 1985 Mr. and Mrs. Peter Lenz Main Road Peconic, NY 11958 Re: Appeal No. 3184 Dear Mr. and Mrs. Lenz: This is in response to your letter dated July 23, 1985. I wrote to you on July 18, 1985 asking that you give the matter with the conditions imposed on the grant of the variance and approval of access to your property immediate attention and also advised you that if you do not intend to comply, the board will have no other alternative but to set this matter down for a new hearing to revoke the variance and access previously granted. I am advised by our town attorney that he discussed this matter with your attorney, Abigail Wickham, and that he also discussed this matter with you on the telephone, and that you indicated to him that you had no intention with not complying with the conditions imposed. I again ask you to advise this board within the next l0 days whether or not you intend to comply with the conditions. If no response is received from you within said period, the board will proceed to set this matter down for a new hearing to consider the question of revoking tile variance and approval of access previously granted. Yours very truly, . CHAIRMAN CC: Abigail A. Wickham, Esq. Robert W. Tasker, Esq. LENZ J~y 23,1985 IS. Guard P. Goeh~nger, Chairman Southold Town Board of Appea~ Main Road So,hold, N.Y. 11971 Re: Appeal No. 3184 Dear ge. Goeh~nger: On may 20th, 1985, I wrote you a let~e~ addressing to the above mat~er. I have been awaking you response since. Should the let~ have been misplaced please let me know and I will forward you another copy. You~ ~r~y, Peter menz Southold Town Board of Appeals NIAIN ROAD- STATE ROAD 25 c:OUTHOLD, L.I., N.Y. llC:J?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI July 18, 1985 Mr. and Mrs. Peter Main Road Peconic, NY 11958 Lenz Re: Appeal No. 3184 Dear Mr. and Mrs. Lenz: Some time ago the Town Attorney spoke to you concerning the decision of the ZBA rendered April 19, 1984 in the above appeal. It is our understanding that you told him that you intended to comply with the board's decision at that time. Do plan to give this matter your immediate attention. If you don't plan to comply with these conditions, the board will initiate a proceeding the revoke the area and the 280-a variances granted. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk LENZ LINZ · MAiN P, OAD May 20, 1985 trot. Gerurd P. Goehringe~, Chairman So~thold Town Board of Appeals Main Road Southold, N.Y. 11971 Re: Appeal No. 3184 - Patricia & Peter Lenz Dear Mr. Goeh~nger: I have learned that Mr. & Mrs. Cannon have brought press~e upon the Board to make me comply with the conditions set forth in above appeal. After consulting with various local lawye~, I was reaff~ed in my i~itial understanding that it has been the practice of the town not to enforce road ~provements unt~ a building permit or certificate of occupancy was requested. To ask me to nea~ly double the width of a 3900 ft. long road while my property remains vacant i~ an extreme financial hurdship at this time. The road is still o~ly used by the four residing summer tenants. I have enclosed a copy of a letter which I received last year from M~. Cannon, in which he asks for my par£icipation in some modest upkeep of the road. I agreed to his request. It appea~s obvious to me that upon learning of the Board's de,ion, ~. Cannon felt released from his shoe of responsibility. His intentio~ to have the Board's requirements met at th~ time are p~ely self - serving. In closing, I ask you not to unduly b~rden me unt~ I actually build or t~ansfer the vacant property at which time I am happy to meet my responsibility. In the interim, as I have already told Mr. Cannon, I wo~d be prepared to participate with the homeowners to mai~ain the ex~ting road. I hope you agree that th~ ~ an equitable solution. Sincer~y, Peter Lenz ROBERT W. TASKER Town Attorney xci T 0 '~/~-T2'ORNE F ,OWN ,' Y TOWN 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 June 13, 1985 TELEPHONE (516) 477-1400 Mr. Warren M. Cannon 55 East 52nd Street 23rd Floor New York, New York 10022 Dear Mr. Cannon: My secretary advises me that you called my office yesterday inquiring about a letter from me to the Chairman of the Board of Appeals with respect to the Lenz' matter. It was my understanding that the need for any such letter was obviated as a result of circumstances which developed at and subsequent to our meeting at the Town Hall. After that meeting, I talked to Mrs. Abigail Wickham, the attorney for Mr. Lenz, and advised her that the position of the Board of Appeals was that in the absence of Mr. Lenz complying with the conditions imposed when granted the variance and approval of access, the Board of Appeals would proceed to take action to rescind the grant of the variance and the approval of access. Mrs. Wickham indicated to me that she was under the belief that such conditions need not be met until the applicant commenced construction. I advised her that this was not the case and that unless Mr. Lenz took steps to meet the conditions, the Board of Appeals would proceed to revoke the variance and approval of access. Thereafter, Mrs. Wickham consulted with Mr. Lenz, who in turn discussed this matter with me. Mr. Lenz advised me that it was not his intention to not comply with the conditions and that he had been advised by Mrs. Wickham that he need not comply until construction commenced. When I advised him that this was not the case, he indicated that he did not intend to violate the conditions, and that he would be meeting with the Town officials to review with them exactly what must be done and that he intends to comply with the requirements. All of this took place several weeks ago. It was my belief that Mr. Lenz and his attorney would be proceeding with this matter since I have heard nothing to the contrary. I am sending a copy of this letter to the Zoning Board of Appeals in order that they may pursue this matter. Yours very truly; RWT :aa cc: Mr. G. Goehringer ROBERT W. TASKER WARR£N M. CANNON June 4, 1784 Mr. Peter kenz Lenz Viney~ds Main Rood Peconic, New York Dear Mr. Lenz: I I ?58 I enjoyed talking to you last week and hope that sometime Mrs. Cannon and I will have an opportunity to meet you. We've often admired your vineyard as we drive past it on the way to our main country house in Southold. It was good of you to agree to join the other property owners at the end of Aldridge Lane Extension in some very modest maintenance of the rood. On the basis of my limited experience since buying our property there last summer, I expect the amount of money involved is small indeed. Thank you agoi~ Sincerely, Warren M. Cannon LAW OFFIC[$ WICKHAM~ WICKHAM & BRESSLER, P.C. MAIN ROAD~ P,O. BOX 1424 MATTITUCK LONG ISLAND Sl6-~98-83S3 February 20, 1985 Southold~ Town Planning Board Town Hall Main Road Southold, NY 11971 Re: Application of Peter and Patricia Lenz Gentlemen: We enclose a letter from the Suffolk County Department of Health Services waiving their Art. 6 requirements for subdivision approval. Accordingly, we do not need Health Department approval for this matter, and we reqp~st that you complete its processing aA. soon as possible. Since the application involves the splitting of a vacant parcel from a residence parcel and has been approved by the Zoning Board of Appeals, we request that you process this matter as a set-off rather than as a minor subdivision. Thank you for your attention to this matter. Very truly yours, Abigail A. Wickham AAW:jnm Enc. COUNTY OFSUFFOLK PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING September 6, 1984 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, N.Y. 11971 Re: Minor Subdivision - Peter Lenz & Patricia Lenz Southerly side of Long Island Sound approximately 1,586 feet easterly from the Riverhead-Southold Town Line, Mattituck, New York. Dear Mr. Orlowski: The Suffolk County Planning Commission at its regular meeting on September 5, 1984, reviewed the proposed subdivision plat, '~inor Subdivision - Peter Lenz & Patricia Lenz", referred to it pursuant to Section 1333 of the Suffolk County Charter. After due study and deliberation it resolved to approve said map subject to the following eight conditions deemed necessary to help preserve the natural and aesthetic attributes of the shoreline of Long Island Sound. No lot shall be subdivided or its lot lines hhanged in any manner at any future date unless authorized by the Southold Town Planning Board. No residential structure or sanitary disposal facility shall be in- stalled or constructed within 100 feet of the top of the bluff on Lot 2. This requirement shall also apply to any new construction on Lot 1. Clearing and cutting of vegetation within 50 feet of the top edge of the bluff shall be limited to that necessary for maintenance and re- moval of dead or diseased vegetation. No grading shall be permitted within 50 feet of the top edge of the bluff except that that may be necessary to control or remedy erosion or to prevent stormwater from flowing over the edge of the bluff. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the face of the bluff in any manner. Mr. Bennett Orlowski, Jr. - 2 - September 6~ 1984 Re:Minor Subdivision - Peter Lenz & Patricia Lenz Access to the beach shall be by means of a single suitable structure' designed and constructed in a manner that will result in the least disturbance of the stability of the bluff. Said structure shall serve both lots and shall be located at or near the common lot line. 7. The small shed that straddles the proposed lot line shall be re- located. Conditions 1-6, inclusive, shall be filed as covenants and restric- tions in the office of the County Clerk on or prior to the granting of approval to this subdivision. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Town Board of the Town of SouthOld after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such mddification shall not be required. The Commission also offers the following comments on the map for your use and consideration: It is suggested that before approval is granted to this subdivision that the subdividers be required to submit this proposal to the Suffolk County Department of Health Services for review to insure that the proposed subdivision will meet the requirements and standards of that agency. Considering the number of property owners that use the right-of-way for access and the potential for use by others the Town Planning Board should seriously consider the need for a proposed road in the area and the implementation of the creation of such road by requiring dedications for highway purposes. Consideration should be also given to widening of the right-of-way to 50 feet in width for potential use as a road. Very truly yours, Lee E. Koppelman Director of Planning File: S-SD-84-15 CGL:jk Encl.: Map Charles G. LihH, Chief Planner Subdivision Review Section cc: Robert Villa, P.E., SCDHS WARREN M. CANNON June ,'1, 1984 Mr. Peter Lenz Lenz Vineyards Main Rc~]d Peconic~ New York 11958 Dear Mr. Lenz: I enjoyed talking ia you last week and hope that sometime Mrs. Cannon and I will huve an opporiunily to meet you. We've often admired your vineyard as we drive past it on the way to our main country house in Southotd. It was good of you to agree to join the other property owners at the end of Aldridge Lane Extension in some very modest mainlenance of lhe road. On the b(~sis of my limited experience since buying our property there last summer, I expect the amount of money involved is small indeed. Thank you ngain. Sincerely~ Warren M. Cannon WARREN M. CANNON 55 EAST 52 STREET, Z3RD FLOOR, NEW YORK, N.Y. 10022 ~one 4, 1984 Mr. Peter Lenz Lenz Vineyards Main ftoad Peconic, New York I 1958 Dear Mr. Lenz: I enjoyed talking to you last week and hope that sometime Mrs. Cannon and I will have an opportunity to meet you. We've often admired your vineyard as we drive past it on the way to our main country house in Southold. It was good of you to agree to loin the oti~er property owners at the end of Aldridge Lane Extension in some very modest maintenance of the road. On the basis of my limited experience since buying our property there last summer, I expect the amount of money involved is small indeed. Thank you again. Si ncere ly, Warren M. Cannon lAX MAI' /,~ 1000 ~,.,: 112.00 B~[ O1 .00 ~P.O00 TH~INDFJq'l'Ul~.,madethe ~[ Eh dayof H~y 11£~ E. WALLACE ROTHMAYER and residing at 1520 Private Ro.,~d I1]1, , nineteen hundred and eighty four RUTH E. ROTHMAYER, his wife, both Matti tuck, New York, party of thc first part, and P A T R I C ] fl [,E N Z, Peconic, New York, r ,~ding at No # party of the second part, Wl'rN~.q~-l-l-I, that the party of the first part, in consideration of Main Road, R EC;EIVED...,, $... o..'.' REAl. 2 81984 TRANSFr :' TAX SUFFOLK COUN~ Ten and 00/100 ........... ............................................... {$10.00) dollars, lawful money of the Uuited States, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, that certain plot, piece or parcel of land, with the huihlings and iml)rovemcnts thereon crected, situate, lying and being~4tilt~ at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point indicated by a concrete monument set at the southwesterly corner of the premises to. be conveyed which point is on the boundary line between ].and now or formerly of Brett, and land of Rothmayer; running thence along said lands North 20° 41' West a distance of 911.50 feet, to mean high water mark of Long Island Sound; thence along said mean high water mark of Long Island Sound (the line of said mean high water mark of Long Island Sound being North 720 42' 30" East , a distance of One Hundred (100) feet, to a point, and lands now or formerly of Matrejean; thence along said land South 20° 41' East, a distance of 907.00 feet, to lands now or formerly of Dundee Securities Corporation; thence along lands now or formerly of said Dundee Securities Corporation, South 70° 08' West, a distance of One-Hundred (100) feet to the concrete monument which is the point or place of BEGINNING. SUBJECT to the easement and right of way set forth in dated and recorded on August 17, 1946, in the Suffolk Office in tiber 2610 of Deeds, at page 161 and a certain deed County Clerk's RESERVING to Ferdinand Maltgraf and wife, their heirs, successors, and assigns, the right to pass and repass for all purposes by foot or by vehicles over, upon and across so much of said right of way at the south end of the premises hereinabove described and hereby conveyed, as lies within the boundaries of the said premises; and said right of way to be kept open and to be maintained in common by the respective owners of the premises adjacent to and abutting upon said right of way, with the privilege to any such owner, at his own cost and expense, to make necessary excavations in said right of way for the purpose of laying and installing pipes for sewerage, drainage, water, gas, electricity, and/or telephone, for the use of any building or buildings which may be erected on the premises now owned by the parties hereto, provided that the party so excavating shall, at his own expense, restore the right of way to the same con- dition in which he found it before such excavation took place. TOGETHER with an undivided one-tenth (i/lOth) interest in a certain right of way conveyed to Ferdinand Mallgraf and wife by deed dated August 6, 1943, and recorded in the Suffolk County Clerk's Office on September 4, 1943, in Liber 2308 of Deeds, at page 385; TOGETHER with the right of access to and recess from the said pre- mises over, upon and across a certain right of way over the southerly twenty-five feet of ]ands conveyed to H. Norman Wyckoff and Irma Wycko['[' by d~(~d r(~cord~:d Iii :;l~l'l'~ik C(~uLy Cl(:rk's O['fi(;e itl Liher 2~21 cp 455 and iands conveyed to Paul Brett by deed recorded in Suffolk County Clerk's Office in Liber 2206 cp. 572. BEING AND INTENDED TO BE the same premises conveyed to the parties of the first part by deed dated 5/28/49 and recorded in the Suffolk County clerk's Office on 6/15/49 at Liber 2960 page 09. Premises conveyed hereunder are secured by a Purchase Money Mortgage of even date, intended to be recorded simultaneously herewith. 301 TOCd~I-flER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premistes to the center lioes thereof, TO~/~I'flF_~ with the appurtenances and all the estate and rights of the party of the first part in and to said premises, · 'FO 1'!~¥~ ~a~l'l) TO HOLI) the premises heroin granted unto the party of the second part, the heirs or successors and assigns of the party of the secood part forever. ~,l'4D 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 compliance witb Section 1.3 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will a~pply 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 be construed as if it read "parties" whenever the sense of this indenture so requires. lib[ ~ ~¥1'[~OF, the party of the first part tins duly executed this deed the day and year first above written. PRESENCE OF: ~UTlt E. ROTHMAYER ~ · STA. o, .Ew To,K. COUNTY s o. th, ~rm~ly ~e E. WALLACE ROTHMAYER & ROTHMAYER ~ me ~own to ~ ~e in~vid~ s d~fi~ in and who ~t~ the for~ng inst~ent, and ~wl~d t~t L h e y ~ut~ ~e ~m~ STATE OF NEW YORK. COUNTY OF On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. 0 L K ss: STAll[ OF NEW TOIK.~NYT OI~ M: 19 8 4, before me On the d~y of 19 , before me personally came RUTH E. to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the ~me. STATE OF NEW YORK. COUNTY OF ss: On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. ; that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. TITI E No. ROTHMAYER 'FO LENZ CItlCAGO 11TLE Iti$!,]RAt CI SECTION BLOCK LOT COUNTY OR TOWN TAN BILLING ADDRESS RETURN BY MAIL TO: TITLE GUARANTEE- NEW YORK WICKHAM, WICKHAM & BRESSLER ATTORNEYS AT LAW MAIN ROAD, P.O. BOX 1424 MATTITUCK, NEW YORK 11052 Zip No. STRICT C;TION oo T T.\X MAP ]<I(;NATION Standsrd N.Y.B.T.U. Form SOOT~-lOM--n~trgM. m,d Hale I).~,d, with Cov..snt ag&in~ntnr'M Acts--Individual or Cor~ar,tlon. CONSULT YOUR LAWYER B~)RS SIGNING THIS INSTRUMENT--THIS INSTRIJI~n' SHOUEJ) BE USED BY LAWYERS ONLY, 304 33709 THl$1~iDE. l~l~Jl~..nmde ~el~th ~yof ~/!y ,Mneteenhundr~ ~d eighty four l~'rwr:.~ E. WALLACE ROTHM^YER and RUTH BRETT ROTHM^YER, his wife, both residing at 1520 Privat~ Road #11, Mattituck, New York, ~myofthefirst ~.~d siding at No # Main Road, PETER LENZ and PATRICIA LENZ, his wife, both re- Peconic, New York party o! the second part, 1,91TI~F.$$~'I'H, that the party of the first part, in consideration of 2 31 84 'fRANS-~'r TAX SUFFO! K COUNTY T;gn and 00/100 ............ .................................................. ( $1 0 . 00 ) dollars, lawful money of the United States, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, that certain plot, piece or parcel of land, with the buildings and inlprovements thereon erected, situate, lying and being~t~:thex at Mattituck, Town of Southold, County of Suffolk and State of New yOrk, bounded and described as follows: BEGINNING at a point or concrete monument at the southwesterly corner of land herein conveyed and the southeaaterly corner of land of An- derson; running thence along said land North 20° 41' West 916.00 feet to the mean high water line of Long Island Sound; thence running along the mean high water line of Long Island Sound North 72° 40' 30" East 100.17 feet; thence South 20° 41' East 911.50 feet to a concrete monument and land of Dundee Securities Corporation; thence running along other land of Dundee Securities Corporation South 70° 08' West 100 feet to the point or place of BEGINNING. SUBJECT, However, to a right of way 25 feet in width along the southerly boundary of said premises for use as a roadway by Mattituck Park Properties, Inc. or other owners of parcels in that tract of 24.26 acres, of which the premises herein conveyed are a part and known as the "Aldrich Shore Front Property." TOGETHER with a right of way 25 along the southerly boundary of hereinafter described. feet in width to be used as a way said land of Anderson to the road TOGETHER with a one-tenth urldivided interest in a str~p of land roadway 25 feet in width extending from the southwesterly corner of land of Wyckoff to the North Road and bounded further on the West by George Hallock Estate and on the east by Dundee Securities Corp., said strip of land to be used as a roadway in common the Mattituck Park Properties, Inc. or other owners of said tract of 24.26 acres as above described. BEING AND INTENDED TO BE the same premises conveyed of the first part by deed dated 7/1/46 and recorded County Clerk's Office on 7/3/46 at Liber 2589, page to the parties in the Suffolk 139. Premises conveyed hereunder are secured by a Purchase Money Mortgage of even date, intended to be recorded simultaneously herewith. TO~ER w{th all fight, title and interest, if any, of the party of the fir~ pa~ {n and to any streets ~nd roads abutting the a~ve described prem{ses to the center lines thereof, T~ with the appurtenanCes and all the estate and fights of the pa~y o[ the first part in and to said premises, TO ~ ~D TO HO~ the premises berehl granted unto tbe ~y of the second ~, the heirs nr succes~rs and assi~s of the ~rty of the second pa~ forever. AI~ID 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 compliance 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. IN IiV,I'IffF.,S$ WHre. REOF, the party of the first part has duly executod this deed the day and year first above written. IN PRESENCE OFf RUTH BRETT ROTHMAYER ~-- 9567 A t:306 ~r~ly ~e E. WALLACE ROT~MAYER ROTHMAYER me ~own to ~ ~e i~vid~s d~fi~ in and who ~t~ the for~ng inst~ent, and ~wl~g~ h e y ~t~ ~e FOLK ss: 19 8 4 , before me RUTH BRETT STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. STATE OF NEW YOIIU~UNTY OF On the d~y of personally came 19 · before me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the ~ame, STATE OF NEW YORK, COUNTy OF ss: On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did.depose and say that he resides at No. that he knows ; to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. ~argain anl~ ~alt ~z~ W'illi COVENANI A(;AINST (;KANI()RS ACrS TITI E NO. ROTHMAYER TO LENZ SECTION ] 1 2 SLOCK 0 1 LOT 0 1 1 COUNTY OR IOWN SOUTHOLD TAX BILLING ADDRESS RETURN BY MAIL TO: Di. ribut#d by TDrLE GUARANT~E- N~WYORK ATICOR COMPANY WICKHAM, WICKHAM & BRESSLER ATTORNEYS AT LAW MAIN ROAD, P.O. BOX 142~ MATT~TUCK, NEW YORK ~952 Zip No. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI April 17, 1985 Mr. and Mrs. Warren 55 East 52nd Street 23d Floor New York, NY 10022 M. Cannon Re: Appeal No. 3184 - Lenz Application for Variances Location of Property: R-O-W off N/S Sound Avenue, Private Road No. ll, Mattituck, Town of Southold Dear Mr. and Mrs. Cannon: After receiving correspondence recently from our Town Attorney, Robert W. Tasker, and your telephone call to our secretary yesterday, I will try to assist in answering your questions. It is my understanding that Section 280-a of the Town Law provides that the Building Inspector shall not issue a building permit unless the streets or roads giving access to the lot(s) are suitably improved for access by the lot owner(s), fire, policy, ambulatory, and other emergency vehicles, in accordance with conditions which may be set by the Board of Appeals, Planning Board or other appropriate agency after formal application. It is also my understanding that since the relief granted under Appeal No. 3184 concerning premises now or formerly of Peter and Patricia Lenz was granted on April 19, 1984 with conditions for improvement to the right-of-way in question; and the variance is not effectuated until such conditions have been complied with. It would appear that since the right-of-way has not been accepted by the town to meet the requirements of New York Town Law, that the Building Inspector could not allow issuance of building permits or Certificates of Occupancy to any owner of parcel(s) having sole access over this right-of-way, including either parcel of the Lenz' Subdivision. Page 2 - April 17, 1985 To: Mr. and Mrs. Warren Re: Appeal No. 3184 - Lenz Cannon I would like to recommend that we get together on a Saturday mornin9 with Mr. Lessard and Mr. Tasker to help to clarify this matter. I am enclosing for your information a copy of a memorandum to Mr. Lessard asking that his department withhold issuance of any permits or certificates of occupancy until such time as compliance is made with New York Town Law and/or this board's conditions under Appeal No. 3184 dated April 19, 1984. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk Enclosure cc: Robert W. Tasker, Esq. Mr. Victor Lessard, Administrator, Building Department Southold Town Planning Board APPEALS BOARD MEMRERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H, SAWlCKI Southold Town Board of Appeals MAIN I~OAD- STATE I~OAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 TO: Victor Lessard, Building Department FROM: Jerry Goehringer, ZBA Chairman DATE: April 16, 1985 SUBJECT: Parcels along Private R-O-Ws designated on Suffolk County Tax Maps as District Block O1, Part of Lots lO, ll, 12, Administrator the lO00, Section ll2, 13, 14, 15, and No. 21 We have today received a telephone call from Mrs. Warren Cannon, the owner of a parcel of land identified as lO00-112-1-14, which is located along the right-of-way running northerly from the north side of Sound Avenue, Mattituck, referred to as Private Road #11. Mr. and Mrs. Cannon are very concerned about compliance with the conditions imposed by this board April }9, 1984, under Appeal No. 3184 (Peter and Patricia Lenz) pursuant to New York Town Law, Section 280-a, and more particularly the conditions with respect to improvements and maintenance of the right-of-way. We are requesting your continued cooperation not to issue any Certificates of Occupancy to any lot having a sole legal access over this right-of-way until such time as compliance is made with New York Town Law, Section 280-a, and/or this board's conditions under Appeal No. 3184 dated April 19, 1984. ROBERT W. TASKER Town Attorney OFFIC~ 425 ~^IN ST. GREENPORT, L.I., NEW YORK 11944 April 15, 1985 TELEPHONE (516) 477-1400 Mr. Gerard P. Goehringer Board of Appeals Town of Southold Main Road Southold, New York 11971 Re: Approval of Access and Variance granted Peter and Patricia Lenz Dear Gerry: On March 1, 1985, I wrote you a letter relative to a variance granted to Peter and Patricia Lenz and the approval of access from Sound Avenue to the Lenz' property. As you know, Mr. Cannon, another lot owner, has been communicating with both you and me with respect to Mr. Lenz' failure to comply with the conditions imposed by the Board of Appeals. Mr. & Mrs. Cannon have called me several times and advised me that they have not received any response from your Board for the non-compliance by Mr. Lenz of the conditions imposed by the Boa rd. I would appreciate if you would look into this matter and then determine what, if anything, the board proposes to do with respect to Mr. Lenz' apparent refusal to comply with the Board's conditions. Yours very truly, ROBERT W. TASKER RWT :aa ROBERT W. TASKER Town Attorney 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 March 1, 1985 TELEPHONE (516) 477-1400 Mr. Gerard P. Goehringer Board of Appeals Town of Southold Main Road Southold, New York 11971 Re: Approval of Access and Variance granted Peter and Patricia Lenz Dear Gerry: On May 16, 1984, the Board of Appeals granted a variance to Peter and Patricia Lenz authorizing the reduction of the width of two lots on Long Island Sound and approval of access from Sound Avenue to said lots, subject to conditions. As you know, Mr. Warren Cannon is the owner of a lot on Long Island Sound (Tax Map Lot 14), and has been communicating with both you and me for the last several months. For your information, I am enclosing a copy of the Board of Appeals determination and Mr. Cannon and my correspondence since that time. The last letter from Mr. Cannon is dated November 5, 1984, and asks several questions. Mr. Cannon called me yesterday and we discussed this at length. It would appear that Mr. Cannon's concern is the fact that one of the conditions imposed by the Board of Appeals, with respect to the improvements and maintenance of the right of way, have not been complied with. Perhaps the Board of Appeals, or its inspector, or the Building Inspector can look into this matter and determine whether or not the applicant intends to comply with the conditions imposed. I would suggest that further communication be between you and Mr. Cannon. Yours very truly, ROBERT W. TASKER RWT :aa enc. ~ARR£N M, CANNO~ November 5, 1984 Mr. ~obert W. Tasker Town Attorney Town of Southold 425 Main Street Greenport, L.I., New York 11944 Dear Mr. Tasker: Thank you for your very prompt and helpful letter of October 25. I hope it enables me to formulate more clearly the questions that i've tried to address in my two previous letters. The conditions established by the Board in approving the requested variance called for the immediate improvement and the continuous main- tenance of the access road. There has been absolutely no improvement of the road. As simply as I know how to put them, my questions are: I. What are the present consequences of the failure of the Lenz's to improve the access road? Since the conditions for approval of access and insufficient width were both immediate improvement and continued main- tenance, does the failure to make immediate improvement mean that both access and insufficient width are not approved at this time? 2. What is the remedy in the future if the condition of continuous maintenance is not met? Will the then owners of the parcels be denied access and therefore be unable to use any dwellings they may have purchased or constructed? As I hope my letters make clear~ I am simply trying to understand the meaning of the Board's decision - certainly not to question the wisdom of the decision, to challenge your legal interpretation, or create difficulties for the Lenz's. The access road is not being maintained and continues to deteriorate] the other property owners are unsure of our rights and obligations following the Board action. If you think a brief conference would be more fruitful than correspondence, I would make every effort to come to your office at some mutually convenient time. Very truly yours, Warren M. Cannon cc: Mr. G. Goehringer OFFICE OF Tow~ ATTORNEY TOWN OF SOUTHOLD TELEPHONE (516) 477.1400 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 October 25, 1984 Mr. Warren M. Cannon 59 East 52nd Street 23rd Floor New York, New York 10022 Re: Appeal No. 3184- Peter & Patricia Lenz Dear Mr. Cannon: This is in reply to your letter of October 19, 1984. In your August 20, 1984 letter to the Board of Appeals, to which I responded by my letter of. September..14, 1984, you sought "to obtain information concerning the access road which is referred to In the decision of the Southold Town Board of Appeals on Appeal No. 318~, April 19, 1984". Since you requested answers to the "access" aspect of the appeal, many answers were limited to such issue. My answers did not and were not intended to suggest that the only question before the Board of Appeals was the question of access. You indicated in your first letter that you had a copy of the Board's decision in this Appeal. The decision clearly indicated therein that the application was (a) for approval of insufficient width of two proposed parcels, and (b) approval of access...". In its decision, the Board approved the application as applied for, i.e., width variances for two parcels and approval of access. The decision provided that the application was approved as applied for, subject to specified conditions, all of which involved the right-of-way. Turning now to the questions you ask in your October 19, 198~, letter, I will attempt to answer them in'the order posed: 1. As previously stated, access was not the only issue in the appeal. The request for the approval of insufficient width was granted. I have no knowledge that. such request was thereafter withdrawn. 2. The Appeal did not request, nor did the Board give approval to "subdivide". Jurisdiction to approve a subdivision is with the Planning Board, not the Board of Appeals. Mr. Warren M. Cannon -2- October 25, 1984 Access was approved for applicant's lots. Therefore, failure to comply with the conditions would affect the lots involved, regardless of who owned them. Zoning applies to the land and, therefore, affects the present and future owners of the land. If a breach of a condition occurred in the future, It would affect the then owner of the land. Yours very truly, RWT :aa ROBERT W. TASKER cc: Mr. G. Goehringer WARREN M. CANNON 55 EAST 52 STREET, 23RD FLOOR, NEW YORK, N.Y. 10022 October 19, 1984 Mr. kRobert W. Tasker Town Attorney Town of Southold 425 Main Street Greenport, L.L, New York 11944 Dear Mr. Tasker: Thank you very much for your response to Mr. Goehringer concerning the questions I posed to him in my letter of August 20, 1984. Your letter, which Mr. Goehringer was kind enough to pass along to me, raised some additional questions and I am taking the liberty of addressing them to you directly. Your letter of September ~4 refers to "granting access" in paragraphs 2, 3 and 4. It suggests that the only question before the Board of Appeals was o question of access and that the only decision of the Board was to grant access. My understanding of Appeal No. 3184, a copy of which I attach for your convenience, is that the request was for access and for approval to subdivide a 200 foot parcel into two 100 foot parcels and that approval was granted for access and such subdivision subiect to the satisfaction of certain conditions. It is because of that confusion that I raise the following questions: I. Is access now the only issue? Has the request for the approval of insufficient width been withdrawn or has the Board rescinded its approval? 2. If nol, and if upprovol to subdivide has been granted subiect to certain conditions, would you review my letter of August 20 and respond with respecl to lhe rigtd to subdivide? 3. Insofar as access is concerned, to whom is access denied pending the satisfaction of the conditions set forth in the appeal decision - the present owners, their assignees, agents, visitors and/or subsequent owners, their assignees, agents, visitors and if so, owners of which parcels? (I interpret yonr letter of September 4 to say that access has not been granted to certain persons at this time since the conditions have not been satisfied.) ~4. If the conditions are initially satisfied but if later they fail to be isfi(~d, th{~n wha is d~nied access - the then owners, their agents, assignees visitors and if so, owners of which parcels.'? I rim sare the intent of the 13oard was clear to you and to the Board; c~nd for lh(~t re(~son I do not hesitale to ask for what should be an easy clarification. Very truly yours, Warren M. Cannon At tachment cc: Mr. Gerard P. Goehringer OFFICE 425 MAIN ST. GREENPORT, L.I., N£W YORK 11944 September 14, 1984 ~HONll (~16) 477-1400 Mr. Gerard P. Ooehringer, Chairman Southold Town Board of Appeals Main Road Southold, New York 11971 Re: Appeal No. 3184- Peter & Patricia Lenz Dear Gerry: By letter of August 20, 1984, you sent me a copy of a letter from Warren M. Cannon wherein he asks three questions, the answers to which you have sought my advise. The first question is "When do the conditions of page two of the decision become effective?" The conditions imposed in the decision granting access become effective immediately, i.e., the approval of access does not become effective until the conditions have been met. , The second question is "When must the conditions be satisfied?" As indicated in question one, the approval of access ,will not be deemed granted until the conditions have been met. The third question is "How will continuous maintenance of the road be assured?", and "Will the responsibility take the form of a covenant that runs with the land?" and "Who determines whether the road is continuously maintained?" and lastly, "What is the remedy for non-conformance?" Answering these questions in the order posed; as to assurance of continuous maintenance, this would be the responsibility of the Building Inspector and/or a representative of the Board of Appeals; Since the grant of the approval of the access on conditions did not require that a covenant be imposed, then no such covenants are required. As'to who determines whether the road is continuously maintained, I believe this has been previously answered. As to the remedies for non-conformance, I believe the remedy would be the re~ocation by the Board of Appeals of the grant of approval of access. If you have any further questions, please contact me. Yours very truly, ROBERT W. TASKER RWT :aa ROBERT W. TASKER Town Attorney OFFICE OF To~N\XTToRNEY TOWN OF SOUTHOLD 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 September 14, 1984 Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road Southold, New York 11971 TELEPHONE (516) 477-1400 Re: Appeal No. 3184- Peter & Patricia Lenz Dear Gerry By letter of August 20, 1984, you sent me a copy of a letter from Warren M. Cannon wherein he asks three questions, the answers to which you have sought my advise. The first question is "When do the conditions of page two of the decision become effective?" The conditions imposed in the decision granting access become effective immediately, i.e., the approval of access does not become effective until the conditions have been met. The second question is "When must the conditions be satisfied?" As indicated in question one, the approval of access will not be deemed granted until the conditions have been met. The third question is "How will continuous maintenance of the road be assured?", and "Will the responsibility take the form of a covenant that runs with the land?" and "Who determines whether the road is continuously maintained?" and lastly, "What is the remedy for non-conformance?' Answering these questions in the order posed; as to assurance of continuous maintenance, this would be the responsibility of the Building Inspector and/or a representative of the Board of Appeals. Since the grant of the approval of the access on conditions did not require that a covenant be imposed, then no such covenants are required. As to who determines whether the road is continuously maintained, I believe this has been previously answered. As to the remedies for non-conformance, I believe the remedy would be the revocation by the Board of Appeals of the grant of approval of access. If you have any further questions, please contact me. RWT :aa Yours very truly, ROBERT W. TASKER August 20,. 1984 Mr. Gerard P. Goehringer Chairman Southold Town Board of Appeals Main Road - State Road 25 Southold, L.I., New York 11971 Dear Mr. Goehringer: I am writing to obtain information concerning the access road which is referred to in the decision of the Southold Town Board of Appeals on Appeal No. 3184, April 19, 1984. For your convenience, I attach a copy of the Board's decision and related plot plan. In 1983, Mrs. Cannon and I purchased the property numbered 14 on the plan. We now make frequent use of the access road, which has deteriorated substantially. We do not know what our own current or future respon- sibilities are for the care of the road in view of conflicting opinions that we have been given by other property owners and by people in the Town Hall. I am sure, however, that you can give us authoritative answers to a few questions. When do the conditions on page two of the decision become effective? Are they effective as of April 19 or as of some later date, and if later, when? When must the conditions be satisfied? Should the work be done promptly or can it be delayed until the zoning variance is actually required to permit a change in property development and/or ownership? How will continuous maintenance of the road be assured? Will the responsibility take the form of a covenant that runs with the land and passes from the Lenzes to future owners? Who determines whether the road is continuously maintained? What is the remedy for non-performance? - 2 - Thank you very much for your assistance in this matter. Sincerely, Warren M. Box 1235 Southold, Cannon L.I., New York ? 11971 Enclosure APPEALS 80ARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of ppeals MAIN 'ROAD- STATE ROAD 25 SDUTHOLD. L.I.. N.Y. 11g71 TELEPHONE (516) 765-1809 September 18, 1984 Mr. and Mrs. Walter Box 1235 Southold, NY 11971 M. Cannon Re: Appeal No. 3185 - Lenz Decision Rendered April 19, 1984 Dear Mr. and Mrs. Cannon: Attached is a copy of the recent correspondence received from our Town Attorney in response to your inquiries in the above mattqr~- We hope that all of your questions have been answered. Yours very tr. ulv_. ~ GERARD P. GOEHRINGER CHAIRMAN lk Enclosure COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEE E. KOPPELMAN November 1, 1984 Town of Southold Board of Appeals Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Municipal File Number Peter & Patricia Lenz Robert Entenmann D. J. Clause Enterprises Mary Grigonis Robert Brown Thomas & Barbara Mercier George & Natalie Wieser Jose V. Rodriguez Berit Lalli Vincent Griffo Gertrude M. Ali James Anderson Joseph Fischetti Robert W. Gillispie, III Thomas Higgins Vincent Griffo 3184 3200 3203 3211 3221 3223 3224 3225 3228 3229 3235 3238 3239 3241 3255 3258 GGN:jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner WARREN M. CANNON November 5, 1984 Mr. Robert W. Tasker Town Attorney Town of Southold 425 Main Street Greenport, L.I., New York I i 944 Dear Mr. Tasker: Thank you for your very prompt and helpful letter of October 25. I hope it enables me to formulate more clearly the questions that I've tried to address in my two previous letters. The conditions established by the Board in approving the requested variance called for the immediate improvement and the continuous main- tenance of the access road. There has been absolutely no improvement of the road. As simply as I know how to put them, my questions are: I. What are the present consequences of the failure of the Lenz's to improve the access road? Since the conditions for approval of access and insufficient width were both immediate improvement and continued main- tenance, does the failure to make immediate improvement mean that both access and insufficient width are not approved at this time? 2. What is the remedy in the future if the condition of continuous maintenance is not met? Will the then owners of the parcels be denied access and therefore be unable to use any dwellings they may have purchased or constructed? As I hope my letters make clear, I am simply trying to understand the meaning of the Board's decision - certainly not to question the wisdom of the decision, to challenge your legal interpretation, or create difficulties for the Lenz's. The access road is not being maintained and continues to deteriorate; the other property owners are unsure of our rights and obligations following the Board action. If you think a brief conference would be more fruitful than correspondence, I would make every effort to come to your office at some mutually convenient time. Very truly yours, Warren M. Cannon cc: Mr. G. Goehringer WARREN M. CANNON November 5, 1984 Mr. Robert W. Tasker Town Attorney Town of $outhold 425 Main Street Greenport, L.I., New York 11944 Dear Mr. Tasker: Thank you for your very prompt and helpful letter of October 25. I hope it enables me to formulate more clearly the questions that I've tried to address in my two previous letters. The conditions established by the Board in approving the requested variance called for the immediate improvement and the continuous main- tenance of the access road. There has been absolutely no improvement of the road. As simply as I know how to put them, my questions are: 1. What are the present consequences of the failure of the Lenz's to improve the access road? Since the conditions for approval of access and insufficient width were both immediate improvement and continued main- tenonce, does the failure to make immediate improvement mean that both access and insufficient width are not approved at this time? 2. What is the remedy in the lucre if the condition of continuous maintenance is not met? Will the then owners of the parcels be denied access and therefore be unable to use any dwellings they may h6ve purchased or constructed? As I hope my letters make clear, I am simply trying to understand the meaning of the Board's decision - certainly not to question the wisdom of the decision, to challenge your legal interpretation, or create difficulties for the kenT's. The access road is not being maintained and continues to deteriorate; the other property owners are unsure of our rights and obligations following the Board action. If you think a brief conference would be more fruitful than correspondence, I would make every effort to come to your office at some mutually convenient time. Very truly yours, Warren M. Cannon cc: Mr. G. Goehringer ROI~ERT W. TASKER Town Attorney OFFICE OF Town ATTORNEY TOWN OF $OUTHOLD 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 October 25, 1984 TELEPHONE (516) 477-1400 Mr. Warren M. Cannon 59 East 52nd Street 23rd Floor New York, New York 10022 Re: Appeal No. 3184- Peter & Patricia Lenz Dear Mr. Cannon: This is in reply to your letter of October 19, 1984. In your August 20, 1984 letter to the Board of Appeals, to which I responded by my letter of September. 14, 1984, you sought "to obtain information concerning the access road which is referred to in the decision of the Southold Town Board of Appeals on Appeal No. 3184, April 19, 1984". Since you requested answers to the "access" aspect of the appeal, many answers were limited to such issue. My answers did not and were not intended to suggest that the only question before the Board of Appeals was the question of access. You indicated in your first letter that you had a copy of the Board's decision in this Appeal. The decision clearly indicated therein that the application was (a) for approval of insufficient width of two proposed parcels, and (b) approval of access..." In its decision, the Board approved the application as applied for, i.e., width variances for two parcels and approval of access. The decision provided that the application was approved as applied for, subiect to specified conditions, all of which involved the right-of-way. Turning now to the questions you ask in your October 19, 1984 letter, I will attempt to answer them in the order posed: As previously stated, access was not the only issue in the appeal. The request for the approval of insufficient width was granted. I have no knowledge that such request was thereafter withdrawn. The Appeal did not request, nor did the Board give approval to "subdivide". Jurisdiction to approve a subdivision is with the Planning Board, not the Board of Appeals. Mr. Warren M. Cannon -2- October 25, 1984 Access was approved for applicant's lots. Therefore, failure to comply with the conditions would affect the lots involved, regardless of who owned them. Zoning applies to the land and, therefore, affects the present and future owners of the land. If a breach of a condition occurred in the future, It would affect the then owner of the land. Yours very truly, RWT :aa ROBERT W. TASKER cc: Mr. G. Goehringer APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKi Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 Br'IUTHDLD, I-.1., N.Y. 1Icj'T1 TELEPHONE (516) 765-1809 September 18, 1984 Mr. and Mrs. Walter Box 1235 Southold, NY 11971 M. Cannon Re: Appeal No. 3185 - Lenz Decision Rendered April 19, 1984 Dear Mr. and Mrs. Cannon: Attached from our Town above mattqr.- is a copy of the recent Attorney in response to correspondence received your inquiries in the We hope that all of your questions have been answered. Yours very tr.u]w. -- GERARD P. GOEHRINGER CHAIRMAN lk Enclosure ROBERT W. TASKER Town Attorney TELEPHONE (516) 477-1400 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 September 14, 1984 Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road Southold, New York 11971 Re: Appeal No. 3184- Peter & Patricia Lenz Dear Gerry: By letter of August 20, 1984, you M. Cannon wherein he asks three have sought my advise. sent me a copy of a letter from Warren questions, the answers to which you The first question is "When do the conditions of page two of the decision become effective?" The conditions imposed in the decision granting access become effective immediately, i.e., the approval of access does not become effective until the conditions have been met. The second question is "When must the conditions be satisfied?" As indicated in question one, the approval of access will not be deemed granted until the conditions have been met. The third question is "How will continuous maintenance of the road be assured?", and "Will the responsibility take the form of a covenant that runs wlth the land?" and "Who determines whether the road is continuously maintained?" and lastly, "What is the remedy for non-conformance?" Answering these questions in the order posed; as to assurance of continuous maintenance, this would be the responsibility of the Building Inspector and/or a representative of the Board of Appeals. Since the grant of the approval of the access on conditions did not require that a covenant be imposed, then no such covenants are required. As to who determines whether the road is continuously maintained, I believe this has been previously answered. As to the remedies for non-conformance, I believe the remedy would be the revocation by the Board of Appeals of the grant of approval of access. If you have any further questions, please contact me. RWT :aa Yours very truly, ROBERT W. TASKER Board of ] ppeals August 20, 1984 Mr. Gerard P. Goehringer Chairman Southold Town Board of Appeals Main Road - State Road 25 Southold, L.I., New York 11971 Dear Mr. Goehringer: I am writing to obtain information concerning the access road which is referred to in the decision of the Southold Town Board of Appeals on Appeal No. 3184, April 19, 1984. For your convenience, I attach a copy of the Board's decision and related plot plan. In 1983, Mrs. Cannon and I purchased the property numbered 14 on the plan. We now make frequent use of the access road, which has deteriorated substantially. We do not know what our own current or future respon- sibilities are for the care of the road in view of conflicting opinions that we have been given by other property owners and by people in the Town Hall. I am sure, however, that you can give us authoritative answers to a few questions. When do the conditions on page two of the decision become effective? Are they effective as of April 19 or as of some later date, and if later, when? When must the conditions be satisfied? Should the work be done promptly or can it be delayed until the zoning variance is actually required to permit a change in property development and/or ownership? How will continuous maintenance of the road be assured? Will the responsibility take the form of a covenant that runs with the land and passes from the Lenzes to future owners? Who determines whether the road is continuously maintained? What is the remedy for non-performance? Thank you very much for your assistance in this matter. Sincerely, Warren M. Cannon Box 1235 Southold, L.I., New York 11971 Enclosure Memorandum from.... Southold Town Board of Appeals TOWN HALL, SOUTHOLD, N.Y. 11971 765-1809 Date 9/11/84 To: R.W. Tasker, Esq. From: Jerry Goehringer May we have your advice as to the appropriate response to the attached inquiries. Thank you for your assistance. Southold Town Board of Appeals IVlAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11g71 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: x~ Variance from the Zoning Code, Article III , Section 100-3~ulk Schedul Variance from Determination of Building Inspector Special Exception, Article Special Permit Southold Town , Section Appeal No.: ~318~ Applicant: PETER & Location of Affected Land: N/S Sound Ave.~ County Tax Map Item No.: 1000-f~2-~-0~l and 0~2. Within 500 feet of: __ Town or Village Boundary Line ~ Body of Water (Bay, Sound or Estuary) __ State or County Road, Parkway, Highway, Thruway __ Boundary of Existing or Proposed County, State or Federally- Owned Land __ Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area __ Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or __ Within One Mile of a Nuclear Power Plant __Within One Mile of An Airport. COMMENTS: Applicant ~ permission to have app~0val width of two proposed parcels and for approval of access. o£ insuff. Copies of Town file and related documents enclosed herewith for your review. ~emp. Secret~ry, Board of Appeals Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE {516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI May 16, 1984 Abigail A. Wickham, Esq. Wickham, Wickham & Bressler, P.C. Main Road, Box 1424 Mattituck, NY 11952 Re: Appeal No. 3184 - Peter and Patricia Lenz 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 Re 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, GERARD P. GOEHRINGER CHAIRMAN Kowalski By Linda F. Secretary Enclosure Copy of Decision to Building Department Planning Board' TO: Gerard P. Goehringer, Chairman Report Ho. 354 Southold Town Board of Appeals FROM: John W. Davis Date: April 7, 1984 RE: ACCESS ROAD NORTHERLY FRO~,! SOUND AVE?~UE (OPPOSITE ALDRICH LA~E) TO WA~ ~RFR0~ LOTS ON THE SOUND CO~NTZ: This access road is 8 ft. in width 3915 ft. in length and in a 25 ft. R.O.W. The original road apparently was on original ground and has been improved through the years by the addition of gravel. There are small stockpiles of sand and gravel on the roadsides at several locations which I assume are for future repairs and main- tenance. Was advised by a local contractor that periodic maintenance has been do~e on this road for a long time. The present conditions are not good. The road is passable and has been stabilized with gravel for a large part of the length, but there are numerous pot holes, mud holes and depressions in the gravel throughout. [~ome of the areas have 4" of gravel. To update this road, I would recommend the following: 1. Fill the holes and depressions with the same mixture of sand and gravel that has been used in past maintenance work. 2. Place an additional 2" of gravel on these areas and smooth road surface with a road grader. Areas that have no gravel but are stable now after the recent heavy rains could be left intact. JoHN W. DAVIS T0: Gerard F. ~oehrlnger, Chairman Repor't No. 354 Southold Town Board of Appeals fROM, John W. Davis Date: April 7, 1984 ,, v ~' (OPPOSITE RE: ACCESS ROAD I'IORTIIER1,Y PR()~ COllOiD ALDRICH LA~iE) TO WA~.,.dRO,,I LOTS - .~t~ ft. in length and in a 'Phis access road ~s 8 ft. in width ~'~ ~ 25 ft. i{.O.W. The original road apparently was on original ~round and has been ~mproved through the years by the addition of ~ravel. There are small stockpiles of sand and gravel on the roadsides at several locations which I ass~e are for future repairs and main- tenance, Was advised by a local contractor thai, periodic maintenance has been done on this road ~'or a long time. qie present conditions are not ~ood. The road is passable and has been stabilized with gravel for a large parl; of the length, but there are depressions numerous po% hole~, mud holes and ' ~ in the gravel throughout. Some of the areas have 4" of gravel. uhl~ To update ' ' ~ I would recommend the following: , ~ -, ~h~ same mixt~]re of 1. Fill the homes aria depressions with * ~ and gravel that has bees used in past maintenance work. 2. Place an additional 2" of gravel on these areas and smooth road surface with a road grader. Areas that have no gravel but are stable now after the recent heavy rains could be left intact. Gerard P. Goehringer, Chairman l~eport ho. 354 Southold Town Board of Appeals John W. Da¥is Date: Apri. l ?, 1.9:54 RE: A..CE,~o RCA,~ NO~[.u~RLZ This access road is ~ ft. ]~; width 3915 ft. ~n l~:ngth and in a 2~ ft. R.O.W. The ori'~ina] load apparent[y was on original ground ahd has been improved through the years Py the addition of gravel. There are small stockpiles of sand and gravel on the roadsides at several locations which I ass~e are for future repairs and main- tenance. Was advised by a ].oca] contractor tha~ periodic maintenance has been done on this road for a long time. The present conditions are not good. The road ~s pa,~oabl and nas been stabilized with gravel for a large part of Lhe length, b~]t there are numer'ou3 poZ holes, mud holes and .... the gravel t~rou~hout. Some of the areas have 4" of gravel. To update this road, i would recommend ti~e foLlowi~g: 1. Fill the holes and aepresaions wlth the same mixture of and gravel that has been used in paint maintenance work. 2. Flace an additional 2' of {~rave[ on these areas and smooth road surface with a road grader. ~zea.~ that have ro heavy rains could ~ ~ ' t, he l'%cent gravel buh are ,.~table now Oe left intact. . - /, ~ .... ~ JO}i',~ W. DAVIT, Southo]d Town Board Appeals March 2, Regular Meeting ~/~P?EAL NO.: .3184 ROJECT NA~.iE. PETER AND PATRICIA LENZ This notice is issued pursuant to ~ar!- 617 (and I,oc~]. I,aw of the implementing requlations pez-tainil~{I to Article 8 of the ~'~ Environmental Qua]il:y Review Act of the E~','iro~lmental C~nse~ ;a2icn Law. This board deterin.ines the within project not to haw~ a sigzlificaPt adverse effect on the environment. Als<}, l~lease take not,cc that th.is declaration should net be considered a ,]~t ~inlti~n mad~, for any other department or agency which may a]:3o have an ~j~'?l:lcation pending ~or the ~;ame or similar project. (b) TYPE OF ACTION: iX] Type II [ DESCRIPTION OF ACTION: (a) approval approval of access ] Unlistc:d I ] of insufficient width and LOCATION OF PROJECT: Town of Southold, particularly known as: R-0-W 0{{ north side Matt~tuck; 1000-l]2~]-]] and 12. County of Suffolk, of Sound Avenue, REASON(S) SUPPO~CYlNG THiS DETEPJ4INATION; (l) An Enviro:~mental Assessment in the Short Fo~nn has been sub- mitted wh ch indicates that no signifJ, ca~t advez~s~ effects to the environmer~t are likely to occur should chis p~'oject be implement:ed as planned.  b) Lot line ~cessi ng; c) Pr~ses sea level. variances do not recluire fNrther 1S l%~a-~-e--d--1-O-~o-Tri~'~---~b-~v--e mean APPEAL NO.: 322l PROJECT NAME: ROBERT BROWN This notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulat]o£1s per-raining to Arti. cle 8 of the State Environmental Quality Review.,; Act of the E~vironmental Conservation Law. This board determines the within project not tO have a significant adverse effect on the enviror~ment. Also, piea:~e t d,.e notice that this declaration should no% be considered a determination m=~e for any other department or agency which ma;f also have a~ application pendir~g for the ' ~ a ?l.O]~ ~. sa~e OK slm_~l~ r r - ' ~ ~ TYPE OF ACTION: iX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: To construct a~Q~tion w]~,h an insufficient fr0ntyard setback. LOCATION OF PR©J~_~: Town of Southold, County of Suffolk, mo::'e particularly known as: 74450 Main Road, Greenp0rt, NY; 1000-45-6-6. REASON(S) SUPPO]~.T!NG THiS DETEEMINATiON: (1) An Environmental Assessment in r. he Short Form has been sub- mitted which indicate~ that no significant adverse effects to the environment are like?/ to occur should this project be implemented ~ts planned. (2) Premises is not located near an environmentally sensitive area or wetlands. LEGAL NOTICE NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Pro- visions of the Amended Code of the Town of Southold, a Regular Mee~g and the following public hearings will be held by tho Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, .April S, 1964, commencing at 7:30 p.m. and as follows: 7:30 p.m. Recessed Hearing JAMES F. DRUCK IH (from 3/2/84). 7:35. p.m. Application of JAMES A. and EDNA-MAE CHRISTIE, 675 North Oak- wood Road, Laurel, NY for a Variance to the ~'oning Ordin- __a~e,, A~cle. J~,. NY;~County Tax Ma,p, Parcel No./~1000-141-01-21; Map of Cia/fa W.R. Reeve #212," Part of ~Lot 5. p~E~25 p.m. Application for~ ER AND PATRICIA LENZ, Main Road, Peconic,I NY (by Wickham, Wickham & Bressler, P.C.) for Variances to the Zoning Ordinance: Iai for approval of insufficien~ width of two proposed parcell and [b] for approval of access, New York Town Law, Section 280-A. Location of Property: Right-of. Way off the North Side of Sound Avenue known as Private Road #11, Matti- tuck; County Tax Map Parcelj No. 1000-112-01-011 and 01~ -~T30 p.m. Application of CROSS SOUND FERRY SER- VICES, INC., Box 33, New London, CT 06730 for a Variance to the Zoning Ordin- ~ ance, Article VII, Section no 100-70 (a) and Section 100-71 oo~ for permission to [a! construct ~ principal build~ng with an in- ~r~. sufficient frontyard setback from the easterly property line and [bi establish a ferry- terminal use in this B-1 [ Business District. Location of --- Property: 42175 Main Road, - Orient, NY; County Tax Map ~ Parcel Nos. 1000-015-09-11. 8:45 p.m. Application for MARY GRIGONIS, 550 Wells Avenue, Southold, NY for a Variance to the Zoning Ordin- ance, Article RI, Section 100- 31 for approval of insufficient area of two proposed parcels located at the west side of Wells Avenue, Southold; ~ County Tax Map Parcel No. 1000-061-03.08. For information concerning these matters, please contact ~ Linda Kowalski at the Office of the Board of Appeals, Town Hall, Southold, NY; tel. 765- 1809 or 1802. Those person~ having an interest in thes matters may appear and heard at the time and r specified above. Dated: March 17, 19~z BY ORDER SOUTHOX BOARD OF GERARD P. GO- COUNTY OF SUFFOLK ss: STATE OF NEW YORK Potricia Wood, being duly sworn, soys that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, o 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 c~ ~ day of ................ ~.?~.~.: ~. ~..~/. i. ................... ] 9.....~.../~/ Swam to before me this ~'~' ~ ................................ day of ............. ............. , CLEMENT J. THOMPSON NOTARY PUBLJC, State el New Yolk I~ 52-9321725 Commisskl Expkel March 30, l~ LEGAL NOTICE NOTICE 1S HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the fol- lowing public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Soathold, NY on Thursday, April 5, 1984, commencing at 7:30 p.m. and as follows: 7:30 p.m. Recessed Hearing -- JAMES F. DRUCK III (from 3/2/~4). 7:35 p.m. Application of JAMES A. and EDNA-MAE CHRISTIE, 675 North Oakwood Road, Laurel, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to re- separate Lots 31 and 32, Map of Laurel Park, Map No. 212, wi~icient area and wiam an~deyard setback of existing dwelling. County Tax Map No. 1000-127-7q5 and 16. 7:40 p.m. Application of ROBERT A. CAMPBELL, 140 Bay Avenue, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to locate dwelling with an insufficient .frontyard setback from Wash- mgton Avenue. Location of Property: Southwest corner of Washington Avenue and Mid- dleton Road, Gceenport; County Tax Map Parcel No. 1000-041-02-001. 7:45 p.m. Application of LINDA MILLER FAULKNER, Box 787, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100~31 for permission to re-seunrate two parcels with insnfffcient area and width. Location of Property: Southwest Side of West Creek Avenue, Cutchogue, NY; County Tax Map Parcel Nos. 1000-103-13~4 and 5. 7:50 p.m. Application of CAROL PLOCK 10003 North Bayview Roan, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to re- separate two parcels with insufficient area and width, and a Variance for approval of access, New York Town Law, Section 280-A. Location of Property: 10007 North Bayview Road, Southold, NY; County Tax Map Parcel Nos. 1000-79-5-17 and 21. 8:00 p.m. Application of GEORGE and NATALIE WIESER, 1415 Harbor Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory swimmingpool in an area other than the rear yard at 1415 Harbor Lane, Cutchogue, NY; County Tax Map Parcel No. i000~97.0-10. 0:05 p.m. Application of ROBERT BROWN. Main Road, Greenporl, NY for a Variance to the Zoning Ordinance, Article VIII, Section 100-81 for permission to construct addition with an insufficient fronfyard setback. Location of Property: 74450 Main Road, Greenport; County Tax Map Parcel No. 1000-45.06.006. 8:10 p.m. Application of BERIT LALLI, 1405 Narrow River Road, Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to conslruct garage addition with an insufficient rearyard setback. Location of Property: 1405 Narrow River Road, Orient; County Tax Map Parcel No. i000-027-03- 006.3. 8:15 p.m. Application for THO ~ R. and BARBARA D. MI:~CIER, New Suffolk Avenue, Mattituck, NY (by Wickham, Wickham & Bressler, P.C.) for a Variance to the Zoning Ordinance, Article III, Section 100-30(A) for permission to convert an existing single-family dwelling use into two professional offices. Location of Property: 4905 Middle Road (C.R. 48), Mattituck, NY; County Tax Map Parcel No. 1000-141-01-21; "Map of Clara W.R. Reeve #212", Part of Lot E5 p.m. Application f~ R and PATRICIA [ _LENZ, Main Road, Peconic, ~ NY (by Wickham, Wickham & ~Bressler, P.C.) for Variances lin the Zoning Ordinance: Iai /fo.r,..approval of insufficient ! width of two proposed parcels and [ b] for approval of access, New York Town Law, Section 280-A. Location of Property: Right-of-Way off the North Side of Sound Avenue known as Private Road #11, Mattituck; County Tax Map Parcel No. 1000-112.01-011 and 012. ~R:30 p.m. Application of OSS SOUND FERRY SERVICES, INC., BOX 33, New London, CT 06730 for a Variance to the Zoning Ordinance, Article VII, Section 100-70(A) and Section 100-71 for permission to [al construct principal building with an insufficient fronfyard selback from the easterly- property line and [ b] establish a ferry-lerminal use in this B-1 Business District. Location of Property: 42175 Main Road, Orient, NY; County Tax Map Parcel Nos. 1000-015.09q1. 8:45 p.m. Application for MARY GRIGONIS, 550 Wells Avenue, Southold, NY for a Variance to the Zoning Ordinance, Article Ill, Section 100-31 for approval of insufficient area of two proposed parcels located at the west side of Wells Avenue, Southold; County Tax Map Parcel No. 1000-061-034)8. For information concerning these matters, please contact Linda Kowalski at the Office of the Board of Appeals, Town Hall, Southold, NY; tel. 765- 1809 or 1802. Those persons having an interest in these matters may appear and be heard at the time and place specified above. Dated: March 17, 19~4. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER CHAIRMAN 1TM29.4528 STATE OF NEWYORK ) ) SS: COUNTY OF SUFFOLK ) SUSAN 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 ? q dayof March 1984 Principal Clerk Sworn to before me this dayof Hatch JUDITH A CHIEN ['~0 [ARY PUbLiC, S~ate of New York No 479613i, Suffolk Coun y [u;m Expi:es March 30 19~-~ 29th 19 84 i~.IVEEHEA Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI TO WHOM IT MAY CONCERN: Concerning your recent application filed with our office, please find enclosed a copy of the Legal Notice as published in the local and official newspapers of the Town of Southold, to wit, the Suffolk Times and the L.I. Traveler-Watchman indicating the date and time of your public hearing. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the public hear- ing and in order to prevent any delay in the processing of your application. If you have any questions, or if you would like to review your file prior to the hearing, please do not hesitate to either stop by our office at the Southold Town Hall, or by calling our secretary, Linda Kowalski, at 765-1809 (or, if no answer, 765-1802). Yours very truly, Ik Enclosure GERARD P. GOEHRINGER CHAIRMAN JLJDITH T. TERRY TOWN CLIRK OFFICEOFTHETOWN CLERK TOWN OF SOUTHOLD October 25, 1983 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 Al)peal No. 3184 application of Peter & Patricia Lenz for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from-the~uilding Department; and survey. ~/Judith T. Terry ~/ Southold Town Clerk WICKHAM, WICKHAM & BRESSLER, p.c. MAIN ROAD, P,O. BOX 1424 MATTITUCK LONG ISLAND NEW YORK II952 March 20, 1984 Southold Town Board of Appeals Town Hall Main Road Southold, NY 11971 Re: Application of Peter and Patricia Lenz Gentlemen: On behalf of our clients, Peter and Patricia Lenz, we would like to amend the above application for variance dated October 19, 1983 to include a request for approval of access of the 25 foot right of way shown on the survey. This request is made pursuant to Mr. Lessard's decision at the Board's meeting on Saturday, March 17, 1984. Enclosed is a copy of the right of way description taken from the deed. This right of way services approximately five other properties. We understand that this application for variance, as amended to include a request for approval of access of the right of way also, will be scheduled for the April 5, 1984 public hearing. Thank you very much for your cooperation in this matter. /emu encl. BY HAND ~ - vgr %0 ~ ri~t,% of :'.'by kD fac.% in ~.'i~h =lonC~h~ hereln~: convoyed,are a ~r~ ~nd ~no~:n ~-m';-.2 with a i,i_'i~t of ~':uy 25 feat in -;;idth to be used gsa road- - - ~f the --* ,'~'l" ' ' .... cf :~eid ittn:t cf .,yc~:OI ;.~rcinafter i~:cribel. ~-~,~--,1 in~rez~ in a stri~ of land or ~Cu; ...... . .... ~-, corner of l~r~ 70~d,,-. "' .... ~ ~:,d ucuni~d fu~t..er on the v;es~ by George .--., suid strip of~ llock zst~,~ an'] ox the eus% by D~idac Sacuritiec to b~ u~ed as u roadway in commOn v;ith l. ut%i~uck Park kro?erties. -. ~ %ruc% of z4.[6 ~cr¢.s ~s ~ovc described. SUBJECT, %0 ~9va:iunt~ .1 OTOWN OF 5OUTHOLD, NEW YOR~ APPEAL FROM DECISION OF BUILDING INSPECTOR ^PP , .o. DATE t.o 19 .Or_ her. .......... t. 1983 TO THE ZON~ING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. PETER LENT and 1, (We) .PJ~RICIA..LEN. Z ................................. of ..... ~..i..~..~9.~.~ ................................................. Name of Appellant Street and Number ....................................................... ~eW Yor. k'....].']'9..5'8..HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Nome of Applicant for permit of .a.., .......... ........................... ....................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY (X) PERMIT TO DIVIDE 1. LOCATION OF THE PROPERTY ..~..tC.l...v..~...t. fL..]~.,....O.~.~....$.fL'kt.~-..,s~..V.~.,.Z .................. : ........ ' ....... Street Use District ~ Z6hin-g Map Suffolk County Tax Map '/'~g'~"~;i ........................................ iJ;~"fi;~: .............. #1000/112/01/0ll & 012 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article IIi Sec. 100-31 and Bulk Schedule 3. TYPE OF APPEAL Appeal is made herewith for (X) 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 Subsection3 4. PREVIOUS APPEAL A previous appeal ~,[c~s~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for o variance and was made in Appeal No ................................. Dated ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance isrequestedforthe reasonthatapplicant wishes to divide a 4.18 acre parcel into two lots with insufficient width, as shown on attached map by Young & Young dated October 3, 1983. Since access to the property is by a deeded right of way, the right of way must be approved by the Planning Board and §288(a) application is not required. Form ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- so~ HARDSHIP becaU~ the two lots each contain over two acres but require a Variance for division due to insufficient width. There is a house with accessory buildings 'located entirely on one of the lots,' except for a tin shed which can be removed, leaving the other lot with a very unequal sideyard if the lots are not divided. The ·only way to divide the lots and comply with the width requirement is to have one lot on the·Sound and one lot in the rear, which deprives one of the owners of Sound frontage. 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 the lot adjoining to the west is of approximately the size of each of the two proposed lots. 3. The Variance would observe the ;spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because all of the lots in this immediate area are long and narrow. The two proposed lots have been taxed separately for many years. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) SS Sworn to this 19th day of ....... Oc.tob. er ................................ 19 83 v/ Notary Public BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : PETER and PATRICIA LENZ : to the Board of Appeals of the Town of Southold : TO: Mr. & Mrs. John Koroleski Mr. & Mrs. Edmund Anderson Mr. & Mrs. Philippe L. Maitrejean YOU ARE HEREBY GIVEN NO/ICE: NOTICE TO ADJACENT PROPERTY OWNER 1. That it is the intention of the undersigned to petition the Board of Appeals of the Tow~f Southold to request a (Variance)~~:~k~:!~kqgj~ 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Bounded on the north by Long Island Sound; ~on the West by Anderson; on tb~ East by Mai~re.~ean; and' on the South by Koroleski Suffolk Co. Tax Map #1000/112/01/011 & 012 (Private Road off SoUnd Avenue, Mattituck, New York) 3. Thattheproperty whichisthesubjectofsuchPetitionislocatedinthefoUowingzoningdistrict: "A" - Residential and ARricultural 4. ThatbysuchPetltion, theundersigned willrequestthefollowingrelief:Permit to divide property into two lots with insufficient width the 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Secticp_ 100-31 & Built Schedule 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-~ck Watchman newspapers published in the T. own of Southold and designated for the publication of such~,notic, e's; that you or your repre~entat ve have the 'right to appear and be heard at such hearing. "~ C_?~ '~ ~ ~ , ~ed: October 19 . 1983 . ~ .~ (} ~ Petitioner By Wickham, Wickham & Bressler, P.C. Post ~fice Addr~s Main Road- P.O. Box 1424 NAME Mr. & Mrs. Mr. &Mrs. Mr. & Mrs. PROOF OF MAILING OF NOTICF ATTAC.H CERTIFIED MAIL RECEIPTS ADDRESS John Koroleski Mattituck New York 11952 Edmund Anderson 705 Wiggin St. Greenport, NY 11944 Philippe L.Maitrejean Box 888 Sound Ave. Mattituck, NY 11952 P 391 833 039 EIPT CERT~F;ED ~,. ~iL ;; L COUNTY OF SUFFOLK ) ' ELLEN M. URBANSKI , residing at 309 Fanning Bird. Kiveri%ead, New York llgUi , being duly sworn, deposes and say$ ~ttlatonthe.~,-L.~.~q---rlday of October ,1983 , deponent mailed a true copy of the Notice set forth on the re. verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at Matt it~ck ; that said Notices were mailed to each of said persons by (certified)]~41~l]~re,~iX~mail - receipts attached hereto. Sworn to before me this ~ day of October ,19 83 Notary Public ELLEN M. URBANSKI NOTARY PUBLIC, ~ of New York No, 4735686 Suffolk Ceunt~ _~ (~drnmj:~:iOfl Exl~ires Mar. 30, j NS T!:',IC'~ I ON5: is~ ~(~) in order to onswer the questions in ih she that the preparer v/ill usc currently available information concerning the project and thc li]:cly impacts of the action. It i5 not expected ~h0t additional studies, research or o~her investigations will (b) If any question has been answered Yes the project may be 5i~nlficont ~nd o completed Environmental Assessment ~orm is necessary. (c) If oll questions hove been answered 1'~o i% is likel~ %h~% this project i5 not 2ignificonl. (d) Environmental /%sse5%m~n~ '' 1. ¥/i~1 projec% resume-in a large physical change ~o ~he project si~e' or physically ol~er more ~hqn ~0 acres at luna]? ..................... Yes X 2. ¥1ill there bca major change ~o any unique or · unusual land fozm found on [he siCe?. Yes X 3. ¥1ill pro~cc~ al~cr or have a large ef~ec~ on existing body of water? ..................... 4. ¥1ill project have a po~cn'[ial]y large impact on groundvlaier quoli~y? ..................... Yes X' No 5. ¥;ill pro~ec[ significantly e[~ec¢ drainage flow on odjacen~ si~es? ..... Yes, X No 6. ¥Iill project af~ec~ any ~hrea~ened or endangered plan% or animal species? ......... Yes X No 7. ¥/ill project rcsul~ in o me,or advcrsc effect on air (luali¢)'? ' Yes X No 8. ¥/ill prnjec~ hove o major effect on visual character of thc coramun~y or scenic views or vis'Las known io~be impor~on¢ ~o ~he community?. Yes X ~. YJill projec¢ odversel)' i~pac[ any si~e or .- s~rucCuro at his[ot'~c, prehis¢oric or paleontological importance or any site designated os o critical environmental oreo by o local agency? .......... ~: ..... ;. · ~'" ..~' Yes X N 10. ¥/ill pro3cct have o major effect on cxistin9 or future recreational opportunitiqs? ......... Yes X No 11. ¥1ill project result in .mo3or traffic problems ' ' aL cause o major effect to existing · ~ronspor~ation ~stcms ................... Yes X No 12. %'Jill project .regularly cause objectionobl~ ' ' odors, noise, glareI vibrationI or electrical disturbance as o resul~ of the p'roject's operation? ' Yes X No 13. ¥/ill project J,avc on)' impact on public }leolih '' or .safety? .................................... Yes X No 14. ¥/ill p~ojec~ a~fcct ihe existing community by directlz causing o grovl~h in pcrmoncnt population of more than 5 pcrce9~ over o one year period or have o mo3or negative on ~he choroctcr of the community or neighbor}load? ................................. Yes X No ]5. 15 ~hcre public controversy concerning project? ...................................... ~cs X No EAF it is assumed PReP A_Diga'_~ A. Wickham REPP, ESEIITING Peter & Patricia Lenz DATE October 19, 19~3 October 19, 1983 (Today's Date) To: Re: Southold Town ~.lain Road Southo!d, NY Board of Appeals 11971 Appeal Application of Peter & Patricia Lenz Location of Property: Off Sound Avenue, Mattituck, NY Suff. Co. Tax Map #1000a112-01-011 & 012 Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Pa~t 661, and Article' 25 of the New York State Environmental Conservation Law, please be advised that the subject property in the within appeal application: (please check one box) ! ] [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ [ ] May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on thC premi§~s. ~<.~/~ ~ Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, (Sig~'~ture please) Abigail A. Wickham STATE DEPARTMENT OF ENVIRONMENTAL CON ~,TION PERMIT ' PERMIT NO. ]0-83-1456 UNDER THE ENVIRONMENTAL CONSERVATION LAW ~ ARTICLE 1S, (Protection of Waler) ~ ARTICLE 25, (Tidal Wetlands) ARTICLE 24, (Freshwater Wetlands) ARTICI~ 36, (Conslruction in Flood Hazard Areas) PE~IT ~SSUEO TO E. Wallace & Ruth E. Rothmayer ADDRESS OF PERMIlq'EE P.O. Box 876, Mattituck, NY 11952 LOCATION OF PROJECT (Section of stream, tidal wetland, dam, building) Long Island Sound approximately 3,900' north of Sound Avenue, SCTM No. 1000-112-01-011,012 DESCRIPTION OF PROJECT Create a two lot residential subdivision by dividing a 4.18 acre parcel into two lots in excess of 2.0 acres each as per supplied plans. COMMUNITY NAME (City, Town, Village) Peconic COUNTY Suffolk 1. The permittee shall file in the office of the appropriate Regional Permit Administrator, a notice of intention to commence work at least 48 hours in advance of the time of commencemenl and shall also notify him promptly in writing of the completion of the work. 2. The permitted work shall be subject to inspection by an authorized representative of the Department of Environmental Conservation who may o~der the work suspended if the public interest so requires. 3. As a condition of the issuance of this permit, the applicant has ac- cepled expressly, by the execution of the application, the lull legal respon- sibility for all damages, direct or indirect, of whatever nature, and by whom- ever suffered, arising out of the project described herein and has agreed to indemnify and save harmless the State from suits, actions, damages and costs of every name and description resulting from the said project. 4. Any material dredged in the prosecution of the wo~k herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of the waterway or flood plain or deep holes that may have a leedeucy to cause injury to navigable channels or to the banks of the waterway. 5. Any material lo be deposited or dumped under this permit, either in the waterway or on shore above high-water mark, shall be deposited or dumped at the locality shown on the drawing hereto attached, and, if so prescribed thereon, within or behind a good and substantial bulkhead or bulkheads, such as will prevent escape of the material into the waterway. 6. There shall be no unreasonable interference with navigation by the work herein authorized. ~. That if luture operations by the State of New York require an alteration in the position ol the slructure or work herein authorized, or if, in Ihe opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to lhe free navigation of said waters or flood.f~ow~ or endanger the health, safety or welfare of the people of lhe State, or loss or' destruclion of the natural resources of lhe State, the owner may be ordered by the Depart- ment to remove or alter the structural work~ obstructions, or hazards caused thereby without expense 1o the State; and if, upon the expiration or revocation of this permit, the structure, fitl, excavation, or olber modification of the watercourse hereby authorized shall not be completed, the owners shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made againsl the Slate of New York on account of any such removal or alteration. TO~WoNuthold GENERAL CONDITIONS 8. That the State of New York shall in no case be liable for any damage or injury Io the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservalion or improvement of navigation, or for other purposes, and no claim or right lo compensation shall accrue from any such damage. 9. Thai if the display of lights and signals on any work hereby authorized is not otherwise provided for by law, such lights and signals as may be pre- scribed by Ihe United States Coast Guard shall be installed and maintained by and at the expense of the owner. 10. All work carried out under this permit shall be performed in accor- dance with established engineerinR practice and in a workmanlike manner. 11. If granted under Articles 24 or 25, the Department reserves lbo right lo reconsider this approval at any lime and after due notice and hearing to continue, rescind or modify this permit in such a manner as may be found to be just and equitable. If upon the expiration or revocation of this permit, the modification of the wetland hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall he made against the 5tale of New York on account of any such removal or alteration. 12. This permit shall not be construed as conveying to the applicanl any right to trespass upon the lands or interfere with the riparian rights of others to perform the permilted work or as authorizing the impairment of any rights, title or interest in real or personal property held or vested in a person not a party to the permit. 13. The permittee is responsible for obtaining any other permits, ap- provals, lands, easements and rights-of-way which may be required for this project. 14. If 8ranted under Article 36, this permit is granted solely on the basis of the requirements of Article 36 of the Environmental Conservation Law and Part 500 of 6 NYCRR (Construction in Flood Plain Areas having 5pecial Flood Hazards - Building Permits) and in no way signifies Ihat the project will he free from flooding. 15. By acceptance of this permit the permittee agrees that the permit is contingent upon strict compliance with the special conditions on the reverse side. 9S-~0-4 (9/75) (SEE REVERSE SIDE) SPECIAl_ CONDITIONS 16. Ail construction shall be in accordance with local zoning and must meet local setback requirements from the top of the bluff. SEE ATTACHED CONDITIONS A - J PEI~ITISSUEDATE January 26, 1984 P£R~dlT A DMI NISTP, ATOR . ~,.~ //k~ ~.~ Daniel J. Larkin ~ ~ · . ~ Bldg. 40, SUNY--Room 219 Stony Brook, NY 11794 WlCKHAM, WICKHAM & BRESSLER, p.c. MAIN ROAD, P.O, BOX 1424 MATTITUCK LONG ISLAND NEW YORK 11952 February 10, 1984 SoutholdTown Planning Board Town Hall Main Road Southold, NY 11971 Applicatic~ of Peter and Patricia Lenz (Rothmayer property - Private Road, Mattituck, N.Y.) ~lclosed, for your file, is a copy of the EEC permit in connecticn with the above rotter. Very truly yours, CC: Southold To~n Board of Appeals Ed~-~rd W. Lundstedt, Esq. (w/~cls.) Ellen M. Uzbanski Legal Assistant NEW 'fORK STALE DEPARTMENT OF ENVIRONMENTAL CONSERVATION NOTICE OF COMPLETE APPLICATION Applicant: D. Wu]lace and l~_-_th ~othmaye= Address: P- ~- g~ ~76 Permits applied for and application number(s) 10-~ g- l & g~ Date: 11/25/8] Project description and location. Town/~f _~ _.,_, ~_ho !4 County of g,~nlk Create a 2 lo~ restdeu~!al su~divislon b} dividiag a 4.18 acre parcel into t~o lots each ~n excess of 2.0 acres. Propert? fronts on Long Island Sound, approxima~ely 3900 feet north of Sound Avenue, i~conic. ($C~ 1000-112-01-011, 012). SEQR DETERMINATION: (check appropriate box) ' / ')"// ~ [] SEQR-1 Project is not subject to SEQR because it is an exempt, excluded or ? -~,ype II action. / [] SEQR-2 Project is a Type I action; it has been determined that the project wili'not have a significant effect on the' environment. A Negative Declaration has been prepared and is on file. [~ SEQR-3 Project is an unlisted action; it has been determined that the project will not have a significant effect on the environment. [] SEQR-4 A draft environmental impact statement has been prepared on this project and is on file. [] SEQR-5 A final environmental impact statement has been prepared on this project and is on file SEQR LEAD AGENCY RY~DEC AVAILABILITY FOR PUBLIC COMMENT: Applications may be reviewed at the address listed below. Comments on the project must be submitted to the Contact Person indicated below by no later than Dece-,be r 23, 1983 CONTACT PERSON: Daniel J. Larkin Building 40, SUNY ~ Stony Brook, ~ev York 11794 TO THE APPLICANT: 1. THIS IS NOT A PEFIMIT 2. This is to advise you that your application is complete and a review has commenced. Additional information may be requested from you at a future date, if deemed necessary, in order to reach a decision on your application. 3. Your project is classified MAJOR. Accordingly, a decision will be made within 90 days of the date of this Notice. If a public hearing is necessary, you will be notified within 60 days and the hearing will commence within 90 days of the date of this notice. If a hearing is held, the final decision will be made within 60 days after the hearing is completed. 4. Publication of this Notice in a newspaper is: [~ required [] not required If required, please consult the accompanying transmittal letter for further instructions. CC: Chief Executive Officer Environmental Notice Bulletin, Room 509, 50 Wolf Road, Albany, N.Y. 12233-0001 File ~SFWS CHIEF EXECUTIVE OFFICER Southold Town Board of Appeals MAIN ROAD- STATE ROAD ~5 SOUTHOLD, L.I., N.Y. 13971 TELEPHONE (516) 765~1509 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI November 14, 1983 Abigail A. Wickham, Esq. Wickham, Wickham & Bressler, Main Road, Box 1424 Mattituck, NY 11952 P.Co Re: Appeal No. 3184 - Peter and Pat~icia Lenz Dear Gail: The following action was taken by the board at its Regular Meeting held October 27, 1983 concerning the above-noted variance application: RESOLVED, that Appeal No. 3184, application for PETER AND PATRICIA LENZ, be temporarily held in abeyance pending receipt of the following: (1) clearance from the N.Y.S. Department of Environmental Conservation to Section of the Tidal pursuant 661.5(b) [57] Wetlands Land Use Regulations, 6 NYCRR; (2) review and written comments or approval from the Southold Town Planning Board concerning this subdivision and approval of access. Upon receipt of the above documents, this matter can be placed on the next available agenda for scheduling for the earliest possible public hearing date. If you have any questions, please don't hesitate to call. Yours very truly, cc: Planning Board GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILL[AM F. MULLEN, Jr. P LV3:l ~ .I~Oc~I~T Y 8outhold, N.Y. 11971 January 11, 1984 TELEPHONE 765-1938 Wickham, Wickham and Bressler P.O. Box 1424 Mattituck, NY 11952 Re: Proposed Minor Subdivision Peter and Patricia Lenz Mattituck Dear Abigail Wickham: The following action was taken by Board, Monday, January 9, 1984. the $outhold Town Planning RESOLVED that the Southold Town Planning Board grant sketch approval of the minor subdivision of Peter and Patricia Lenz, located at Mattituck, dated October 24, 1983, subject to the Zoning Board of Appeals approval for the variance needed. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze /CC: Zoning Board of Appeals Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR, ROBERT J. DOUGLASS JOSEPH H. SAWlCKI January 12, 1984 Mr. Henry Raynor, Chairman Southold Town Planning Board Town Hall Southold, NY 11971 Re: Matters Pending Before Z.B.A. and Planning Board Dear Henry: The following is a list of those matters temporarily held in abeyance which involve applications in both the Planning Board and Z.B.A. which might be of assistance to you: Walter Hairston - Subdivision at Carole Road, Peconic. Robert Entenmann - Subdivision at L.I. Sound, Mattituck. Clempner and Mandel Relocation of lot line and elimination of building lot due to proposed mergers. Inlet Lane Extension, Greenport. Linda Miller Faulkner Cutchogue. ~eter and Patricia Lenz Mattituck. Subdivision at West Creek Avenue, Subdivision at L.I. Sound, Carol Plock - Subdivision along R-O-W, North Side Bayview Road, Southold. Frances D. Epp - Subdivision at Pine and Maple Roads, Wesland Subdivision, Southold. Patricia Stegner - Subdivision along R-O-W, Private Road No. 12, South Side Main Bayview Road, Southold. ~Page 2 January 12, 1984 To: Mr. Henry Raynor, Chairman Southold Town Planning Board John and Frances DiVello - Subdivision off Westphalia Road, Mattituck. (Wickham, Wickham & Bressler, P.C.) Henry P. Smith - Subdivision on the West Side of Peconic Lane, Peconic. (Philip J. Ofrias, Jr., Esq.) Mary N. Code - Subdivision at Goose Neck Estates, Southold. (Application would have been filed after 1/5/84.) Thomas Yasso - Site Plan for proposed storage building in a B-1 Zone. South Side Main Road, Mattituck. Please let us know if there is any information we can provide from our files which may be necessary in your records. Yours very truly, cc: Building Department GERARD P. GOEHRINGER WICKhAM, WICKhAM & BRESSLER, p.c. MAIN ROAD, P, O. BOX 1424 MaTTITUC~ LONG iSLAND October 24 , 1983 So~thold Town Board of Appeals Town Hall Ymin Road Southold, NY 11971 Re: Application for Variance of Peter and Patricia Lenz Gentlemen: Enclosed are the application: /emu encls. following in connection with the above 1. Application, in triplicate; 2. Notice of Disapproval from the Building Inspector; 3. Short Environmental Assessment Form; 4. Wetlands letter; 5. Original Notice to Adjoining Owners with Affidavit of Service thereon; 6. Five prints of the survey; 7. Check in the sum of $25.00, representing the application fee. If any further information is required, please contact us soon as possible. Very truly yours, iX':< 'q,\l' I/I qt ;X ',A lUX I~,,, 1000 112.00 nit 01.00 )1i .000 p l °°° T~D~~de~c ~yof ~ ,,dne~eenhundr~d eighty-five B~ PETER LENZ and PATRICIA LENZ, his wife, both residing at (No #) Main Road, Peconic, New York 11958 SECT O BtOCR LOT party of the first part, ~nd J. GARRETT DeGRAFF and bIARGARET B. DeGRAFF, his wife, both residing at 163 Eton Place, West Hempstead, New York 11552 ~0~(}3 R ECH{_tV[ O F"-" rq'rATE APR 1 0 1985 I'RA N.~ ~F: R TAX SUF~,qLK party of the second part, C(-]~ !NT¥ l~V~lIE..~,~&~']}(, that the party of the first part, (n consideration o~ TEN DOLLARS and NO/100 ($10.00) ...................................................... do)la~s, lawful money of the United States, and other good and valuable consideration paid by the party of the second part, does hereby grant and release unto the party ,ff the second part, the heirs or successors and assigns of the party of the second part forever, that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying andbeingjf, x~: at Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: RECORDED' BEING AND INTENDED to be the same premises as conveyed to the party of the first part by deed dated 5/10/84, recorded 5/23/84 at Liber 9567, page 304 in th~ office of the Suffolk County Clerk. Sa~d rights of way above are r~r~ aarticularly show~ o~ a survey of Young & Youn§ Ju~' ': ~ 'tiA'eto and made a part hereof. APR 16 19 TOGETHER with a utility easement over property of Patricia Lenz, situate to the east of the subject premises as shown on survey of Young and Young dated October 3, 1983, for the running of utility lines to the subject premises. TOGETHER with a one-tenth undivided interest in a strip of land roadway 25 feet in widt~ exten~zng ~rom the southwesterly corner of land of Wyckoff to the North Road and bounded further on the -,~est by George Hallock Estate and on the east by Dundee Securities Corp., as set forth in Liber 9567, page 304. ~UBoECT TO a right of way 25 feet in width along the southerly boundary of said premises for use as a roadway b5- llattJtuck Park Properties, Inc. as set forth in Liber 9567, page 304. TOGETHER with a right of way 25 feet in width to be used as a way along the southerly boundary of land now or formerly of Anderson to the North Road.(Sound Ave.) BEGINNING at a point or concrete monument at the southwesterly corner of land herein conveyed and the southeasterly corner of land of Anderson; running thence along said land North 20 degrees 41 minutes West 916.00 feet to the mean high water line of Long Island Sound; thence running along the mean high water line ~f Long Island Sound North 72 degrees 40 minutes 30 seconds east 100.17 feet; thence south 20 degrees 41 minutes east 911.50 feet to a concrete monument and land of Dundee Securities Corpora- tion; thence running along other land of Dundee Securities Corporation South 70 degrees 08 minutes West 100 feet to the point or place of BEGINNING. APPEALS BOARD MEMBERS GERARD P. GOEHRiNGER, CHAIRMAN CHARLES GRIGON[S, JR. SERGE DOYEN, JR. ROBERT J. OOUGLASS JOSEPH H. SAWiCKI Southold Town Board of Appeals I~AIN RDAD- BTATE RI:lAD 25 BnUTHI3LD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 TO: FROM: DATE: SUBJECT: Vic Lessard, Building-Department Administrator Jerry, Board of Appeals November 18, 1985 Letter from Warren M. Cannon Received 11/18/85 Questions Concerning Enforcement of ZBA Conditions Appeal No. 3184 Peter and Patricia Lenz Today we received the attached correspondence from Warren M. Cannon concerning enforcement of maintenance and standards to be used in this access road as required by New York Town Law, Section 280-A and ZBA decision in Appeal No. 3184. Since we are not in a position to enforce our conditions, may we ask your assistance in answering Mr. Cannon's inquiries? A copy of Mr. Cannon's letter and the conditions to be enforced are attached for your convenience. lk WARREN M. CANNON Mr. Gerard P. Goehringer Chairman Southold Town Board of Appeals Main Road Southold, New York 11971 Dear Mr. Goehringer: It was very thoughtful of you to send me a copy of your letter of October 25 to Mr. and Mrs. Peter Lenz. It was a little disturbing to note, however, that Mr. Davis described the access road as "leading to the property of Peter and Patricia Lenz" and - on the drawing - as "Access Road - Peter and Patricia Lenz." In fact, the road has a tax map designation and has provided access to other properties long before the Board granted the variance that led to the apparently speculative purcl~tse by the Lenzes. If this mistake could ever cause confusion or difficulty in the future, Mr. Davis should file a~n amended report with a proper description. The widening and grading of the access road, though long overdue, is a very welcome compliance with one of the conditions of the variance granted by the Board. We are not necessarily out of the woods, however, since a second condition relates to continued maintenance of the road. Mr. Tasker's letter of October 25, 1984 (copy attached), clearly states that the obligation rests with owners of the land for which the variance was granted, presently the Lenzes and De Graafs. I understand from a third partv, t~owever, that the De Graafs had no knowledge of such obligation at the time of purchase and may have none today. Even if the De Graafs accept and are wilting to meet their obligations fully and promptly, there remains Mr. Lenz, who delayed widening the road, who refused to maintain it before widening, who has refused to pay his taxes on the road and who has stated in writing to me that "I pay my obligations when and if I feel like doing so". (A copy of his letter of November 1, 1985 is attached. Also attached are copies of two other letters which, provide background for this extraordinary statement. ) Unfortunateiy, I see absolutely no reason not to anticipate disputes with Mr. Lenz over the condition of the road in the future. That being the case, I think it would be prudent to find answers now to three questions: 1. Who will make the official determination in the future that the road requires maintenance? 2. What standards will be used? 3. What actions can be taken in the event a property owner refuses to provide required maintenance? Since you have referred similar questions to Mr. Tasker, I am sending a set of copies to him. I dislike having to spend my time on a matter such as this and to have to bring it to your attention, but Mr. Lenz leaves me little alternative. i presume that at some time the Board will be called upon to determine that the conditions are, or have been, satisfied sufficiently to permit exercise of the variance. Mrs. Cannon and I would be grateful if we could be notified in advance of the meeting at which such action may be contemplated. Very truly yours, Warren M. Cannon cc: Robert W. Tasker, Esq. LENZ LONG ISLAND · NORTH FORK THE VINEYARDS OF PATRIC[A & PETER LENZ · MAIN ROAD PECONIC, NY 11958 PHONE 516'734'6010 November I, 1985 Dear Mr. Cannon: I pay my obligations if and when I feel like doing so and do not appre~ate that you elect to pay th~ on my behalf. Since a payme~ to yours not a b~in~s expe~e for me, you will have Zo w~it u~il the next tax payment is due. At that time I will make a $92.52 payment on you behalf. WAHREN M. CANNON October 10, 1985 Mr. and Mrs. Peter Lenz P.O. Box 29 Peconic, New York 11958 Dear Mr. and Mrs. Lenz: On September 26, Mrs. Cannon and I sent a check for $92.52 to the Suffolk County Treasurer on your bebsW. This amount is the tax you owe ($68.36) on the access ro~d to oul, pl~perties in Mattituck, plus penalty $3.42), plus interest ($5.74), plus advertising expense ($15.00). As I understand it, du~'ing the week of September. 16, M~. Phfl/ppe Maltrsjean reached you to tell you that a newspaper notice would appear the following week announcing delinquent taxes on the access road, listed under his name. If the taxes were not paid by September 30, as I believe Mr. Maltrejean explained to you, the county would place a lien on the road. The Treasurer's office also called you, twice I understand, and you said that you would pay the past due taxes promptly. On September 26, Mrs. Cannon checked with the Treasurer's office and discovered that no payment had been received from you. She was told that if we made a payment, the lien would not be placed against the property. She was also told that if your check arrived before ours, ours would be returned and, conversely, if your check arrived later, it would be returned to you. We checked with the Treasurer's office again last week and discovered that your check had still not arrived. I assume that preoccupation with the grape harvest must have prevented you from keeping your word. I now, however, expect prompt reimbursement and I would like to suggest, for the sake of all the owners of the road, that you try to meet your future tax obligations in a more timely manner. Very truly yours, War~en M. Cannon November 8, 1985 Mr. Peter Lenz Lenz Vineyards Peconic, New York 11958 Dear Mr. Lenz; Please send me your check for $41.63, which I will consider full payment of the $92.52 that Mrs. Cannon and I paid to the Suffolk County Treasurer on your behalf. In arriving at $41.63, I assumed maximum Federal and New York State marginal tax rates. Our motive in paying your tax was to avoid a lien on the property we jointly own; it was certainly not to deprive you of a tax deduction or gain one for ourselves. Neither the threat of a lien nor the loss of a deduction could have occurred with timely payment of the small amount involved. Very truly yours, Warren M. Cannon WARREN M. CANNON November B, 1985 Mr. Gerard P. Goehringer Chairman Southold Town Board of Appeals Main Road Southold, New York 11971 Dear Mr. Goehringer: It was very thoughtful of you to send me a copy of your letter of October 25 to Mr. and Mrs. Peter Lenz. It was a little disturbing to note, however, that Mr. Davis described the access road as "leading to the property of Peter and Patricia Lenz" and - on the drawing - as "Access Road - Peter and Patricia Lenz." In fact, the road has a tax map designation and has provided access to other properties long before the Board granted the variance that led to the apparently speculative purchase by the Lenzes. If this mistake could ever cause confusion or difficulty in the future, Mr. Davis should file an amended report with a proper description. The widening and grading of the access road, though long overdue, is a very welcome compliance with one of the conditions of the variance granted by the Board. We are not necessarily out of the woods, however, since a second condition relates to continued maintenance of the road. Mr. Tasker's letter of October 25, 1984 (copy attached), clearly states that the obligation rests with owners of the land for which the variance was granted, presently the Lenzes and De Graafs. I understand from a third party, however, that the De Gvaafs had no knowledge of such obligation at the time of purchase and may have none today. Even if the De Graafs accept and are willing to meet their obligations fully and promptly, there remains Mr. Lenz, who delayed widening the road, who refused to maintain it before widening, who has refused to pay his taxes on the road and who has stated in writing to me that "I pay my obligations when and if I feel like doing so". (A copy of his letter of November 1, 1985 is attached. Also attached are copies of two other letters which, provide background for this extraordinary statement.) Unfortunately, I see absolutely no reason not to anticipate disputes with Mr. Lenz over the condition of the road in the future. That being the case, I think it would be prudent to find answers now to three questions: 1. Who will make the official determination in the future that the road requires maintenance? 2. What standards will be used? 3. What actions can be taken in the event a property owner refuses to provide required maintenance? Since you have referred similar questions to Mr. Tasker, I am sending a set of copies to him. I dislike having to spend my time on a matter such as this and to have to bring it to your attention, but Mr. Lenz leaves me little alternative. I presume that at some time the Board will be called upon to determine that the conditions are, or have been, satisfied sufficiently to permit exercise of the variance. Mrs. Cannon and I would be grateful if we could be notified in advance of the meeting at which such action may be contemplated. Very truly yours, Warren M. Cannon cc: Robert W. Tasker, Esq. WARREN M. CANNON November 8, 1985 Mr. Gerard P. Goehringer Chairman Southold Town Board of Appeals Main Road Southold, New York 11971 Dear Mr. Goehringer: It was very thoughtful of you to send me a copy of your letter of October 25 to Mr. and Mrs. Peter Lenz. It was a little disturbing to note, however, that Mr. Davis described the access road as "leading to the property of Peter and Patricia Lenz" and - on the drawing - as "Access Road - Peter and Patricia Lenz." In fact, the road has a tax map designation and has provided access to other properties long before the Board granted the variance that led to the apparently speculative purchase by the Lenzes. If this mistake could ever cause confusion or difficulty in the future, Mr. Davis should file an amended report with a proper description. The widening and grading of the access road, though long overdue, is a very welcome compliance with one of the conditions of the variance granted by the Board. We are not necessarily out of the woods, however, since a second condition relates to continued maintenance of the road. Mr. Tasker's letter of October 25, 1984 (copy attached), clearly states that the obligation rests with owners of the land for which the variance was granted, presently the Lenzes and De Graafs. I understand from a third party, however, that the De Graafs had no knowledge of such obligation at the time of purchase and may have none today. Even if the De GraMs accept and are willing to meet their obligations fully and promptly, there remains Mr. Lenz, who delayed widening the road, who refused to maintain it before widening, who has refused to pay his taxes on the road and who has stated in writing to me that "I pay my obligations when and if I feel like doing so". (A copy of his letter of November 1, 1985 is attached. Also attached are copies of two other letters which, provide background for this extraordinary statement. ) Unfortunately, I see absolutely no reason not to anticipate disputes with Mr. Lenz over the condition of the road in the future. That being the case, I think it would be prudent to find answers now to three questions: 1. Who will make the official determination in the future that the road requires maintenance? 2. What standards wili be used? 3. What actions can be taken in the event a property owner refuses to provide required maintenance? Since you have referred similar questions to Mr. Tasker, I am sending a set of copies to him. I dislike having to spend my time on a matter such as this and to have to bring it to your attention, but Mr. Lenz leaves me little alternative. I presume that at some time the Board will be called upon to determine that the conditions are, or have been, satisfied sufficiently to permit exercise of the variance. Mrs. Cannon and I would be grateful if we could be notified in advance of the meeting at which such action may be contemplated. Very truly yours, Warren M. Cannon cc: Robert W. Tasker, Esq. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGON[S, JR. SERGE OOYEN, JR. ROBERT J. DOUGLASS JOSEPH H.$AWICKI Southold Town Board of Appeals MAIN ROAD-STATE: ROAD 25 SnUTHOLD, L.I,, N,Y, llg?l TELEPHONE (516) 765-1809 TO: Vic Lessard, FROM: Jerry, Board DATE: November 18, SUBJECT: Letter from Warren Questions Appeal No. Building-Department Administrator of Appeals 1985 M. Cannon Received 11/18/85 Concerning Enforcement of ZBA Conditions 3184 Peter and Patricia Lenz Today we received the attached correspondence from Warren M. Cannon concerning enforcement of maintenance and standards to be used in this access road as required by New York Town Law, Section 280-A and ZBA decision in Appeal No. 3184. Since we are not in a position to enforce our conditions, may we ask your assistance in answering Mr. Cannon's inquiries? A copy of Mr. Cannon's letter and the conditions to be enforced are attached for your convenience. lk FORM NO. 3 (' TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ · o~.?~.~. ~... ~ .~. ~.~..~../-~.. ./y/~.~.~./~.~ ~ ..................... .,~,g. ,~z-.~,~_,~. ~: ~.,...~-./~.~ .z... Date .......................... , 19 ..... PLEASE TAKE NOTICE that your application dated .. ~. ~.7'..O....~....../..~. .... , -19 ~.-~... for permit to ::~n:t:~c?.."~a ~'/,,~....~~ ................................... at ~o~a~io~ o~rop~t~ .~r ~r ~.. ~C5' ',~ ......... ~'Z~ County Tax Map No. 1000 Section ... ~ ...... Block .~ ......... Lot ~/A Subdivision.. ' p N .... ? ............................ ... 7 ........... Filed Ma o. Lot No. ~ returned herewith and disapproved on the follow~g ~ounds. ~O.~.. ~(~(~FO~. ~. . ~(~...~~2~7.. ~..~o.~.. =..~ ~o ~ ~../~.~o~ ~/~...~ ~... ~<~ ~..W4~.. ~<L(. ~ Lundstedt and Foy ATTORNEYS AT LAW THOMAS F. FOY ! EDWARD W. LUNDSTEDT 234(} MIDDLE COUNTRY ROAD CENTEREACH, NEW YORK 11720 5161497-4600 POST OFFICE BOX 366 MAIN ROAD LAUREL, NEW YORK 11948 5161298-9155 October 25~ 1983 Town of Southold Building Department Town Hall Southold~ New YoPk Re: PPopePty of E. Wallace ~ Ruth BPett Rothmayer No name ~ no numbeP pPivate Road in Ma ttituck, NoYo Gentlemen: Enclosed herewith please find application for certificate of occupancy on pre-e×istin§ dwelllng~ affidavit of owner~ cuP- Pent survey and check for $15.00 for application fee. Kindly issue a certificate of occupancy on pre-e×isting dwell- ing for this premises. If you have any questions in this re- gard~ please contact the undersigned, VePy truly youPs~ LUNDSTEDT ~ FOY /kt Encs. K.4thiee~ Tre~rl'or' FORM NO. 6 TOWN OF SOUTHOLD Building Department Town Hall $outhold, N.Y. 11971 APPLICATION FOR CERTIFICATE OF OCCUPANCY Instructions A. This application must be filled in typewriter OR ink, and submitted in duplicate to the Building Inspec- tor with the following; for new buildings or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic features. 2. Final approval of Health Dept. of water supply and sewerage disposal-(S-9 form or equal). 3. Approval of electrical installation from Board of Fire Underwriters. 4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa- tions, a certificate of Code compliance from the Architect or Engineer responsible for the building. 5. Submit Planning Board approval of completed site plan requirements where applicable. B. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing"- land uses: 1. Accurate survey of peoperty showing all property lines, streets, buildings and unusual natural or topographic features. 2. Sworn statement of owner or previous owner as to use, occupancy and condition of buildings. 3. Date of any housing code or safety inspection of buildings or premises, or other pertinent informa- tion required to prepare a certificate. Fees: 1. Certificate o f occupancy ,,--,~'~'--j:I~N,~,, ~ ~)/$ 2. Certificate of occupancy on[pre-existi~g~dwelling land us 5.00 3. Copy of certificate of occup~m,,~ 1.00 Date .S.e.]~t.e.a.b..e.~..~0 ~ 1983 New Bu~ing~...,...~ ...... Old/~r Pr~-existinQ Building .... ¥ ...... Vacant Land ......... ..... Location of Prope~ .... 5~/. ~.. 9~. <~ ....... Mattituck Hou~ No. St~et Ham/et Owner or Owners of Prope~ ~. Wallace & Ru~h ~ec~ Ro~hmaye= CounW Tax Map No. 1000 Section .... ~ ........ Block ..... / Lot.. // Subdivision ................................. Filed Map No ........... Lot No ........ Permit No...; ....... Date of Permit .......... Applicant ........................ ....... ... Health Dept. Approval ............ Labor Dept Approval Underwriters Approval ............... .. ....... Planning Board Approval ............... .... Request for Temporary Certificate ..................... Final Certificate ...................... . Fee Submitted $ .......................... ~,:-. Construction on above described building and permit meet~all applica.b_le codes and regulations. STATE OF NEW YORK) ) COUNTY OF SUFFOLK) SS.: E. WALLACE ROTHMAYER, bein~duly sworn, deposes and says: I am the owner of the prem, ses at /~/'~ ~)L/-~C~f//'~£~f Ma ttituck, New York, and as such am fully familiar with the use, occupancy and condition of the buildings thereon. The house is a single-family, two-story frame structure containing six rooms and a bathroom. There is also a one-car detached frame garage on the premises. The house is used as a residence by myself and my wife. All buildings are in good condition and repair. I make this affidavit to induce the Town of Southold Building Department to issue a Certificate of Pre-Existing Use on the premises, Sworn to before me this 30th day of Septembers 1983. KATHI.EEN TREANOR NOTAP, f ?U~LIC, State of New York No. 52 ~ 4674620, Suffolk Courtly Term Expires March 30, York, OlOrge O. ~llook e.~ N. 22° ~' ~. lSO.~ foo~ $~noe N. ~o ~l, j Of LO~ ~l~d ~d lyl~ ~ f~ of ~d .O_ne ~nd OO/lOO-.~ ............................. ' ............ Dollgr'f (/ 1.00 ) law;k4 monql o! the United States. ~:~ -'.£- r :~'~n~. ' WARREN M. CANNON November 8, 1985 Mr. Gerard P. Goehringer Chairman Southold Town Board of Appeals Main Road Southold, New York 11971 Dear Mr. Goehringer: It was very thoughtful of you to send me a copy of your letter of October 25 to Mr. and Mrs. Peter Lenz. It was a little disturbing to note, however, that Mr. Davis described the access road as "leading to the property of Peter and Patricia Lenz" and - on the drawing - as "Access Road - Peter and Patricia Lenz." In fact, the road has a tax map designation and has provided access to other properties long before the Board granted the variance that led to the apparently speculative purchase by the Lenzes. If this mistake could ever cause confusion or difficulty in the future, Mr. Davis should file an amended report with a proper description. The widening and grading of the access road, though long overdue, is a very welcome compliance with one of the conditions of the variance granted by the Board. We are not necessarily out of the woods, however, since a second condition relates to continued maintenance of the road. Mr. Tasker's letter of October 25, 1984 (copy attached), clearly states that the obligation rests with owners of the land for which the variance was granted, presently the Lenzes and De Graafs. I understand from a third party, however, that the De Graafs had no knowledge of such obligation at the time of purchase and may have none today. Even if the De Graafs accept and are wil~ing to meet their obligations fully and promptly, there remains Mr. Lenz, who delayed widening the road, who refused to maintain it before widening, who has refused to pay his taxes on the road and who has stated in writing to me that "I pay my obligations when and if I feel like doing so". (A copy of his letter of November 1, 1985 is attached. Also attached are copies of two other letters which, provide background for this extraordinary statement.) Unfortunately, I see absolutely no reason not to anticipate disputes with Mr. Lenz over the condition of the road in the future. That being the case, I think it would be prudent to find answers now to three questions: 1. Who will make the official determination in the future that the road requires maintenance? 2. What standards will be used? 3. What actions can be taken in the event a property owner refuses to provide required maintenance? Since you have referred similar questions to Mr. Tasker, I am sending a set of copies to him. I dislike having to spend my time on a matter such as this and to have to bring it to your attention, but Mr. Lenz leaves me little alternative. I presume that at some time the Board will be called upon to determine that the conditions are, or have been, satisfied sufficiently to permit exercise of the variance. Mrs. Cannon and I would be g~ateful if we could be notified in advance of the meeting at which such action may be contemplated. Very truly yours, Warren M. Cannon cc: Robert W. Tasker, Esq. bON~ 50UND Pred ~ Z.0871 [(orolesI° CdP' ~,reO; g 097`5 ~,reO ' g '0~11 /Ri erlY fer r~ ~ur~d ee or for.' corP'