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HomeMy WebLinkAbout3087South Side S.R. 25, Orient 4/20/83 CA-approval of access over a pvt, R~O,W. Southold Town Board of Appeals I~AIN ROAD- STATE ROAD 25 SOUTHOLD, L.I,, N.Y. 11g'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3087 Application Dated TO: Amy B. Turner, Esq. Twomey, Latham and Shea, LULA MAE LATHAM 33 West Second Street Riverhead, NY 11901 as February 14, 1983 (Public Hearing 4/20/83) [Appellant(s)] attorneys for At a Meeting of the Zoning Board of Appeals held on May 19, 1983 the above appeal was considered, and the action indicated below was taken on your [x] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [ ] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for The public hearing on this matter was held on April 20, 1983. Upon application for LULA MAE LATHAM, by Twomey, Latbam and Shea, Esqs., 33 West Second Street, Riverhead, NY for a Variance to Section 280-A, New York Town Law, for approval of access over a private right- of-way located off the south side of Main (S.R. 25), Orient, NY; Parcel in Question: 1000-019-01-010. The board made the following findings and determination: By this application, appellant seeks approval of access over a private right-of-way commencing at a point about 3,000-feet easterly of Narrow River Road and located off the south side of Route 25, hav- ing a legal width of 16', a traveled width of approximately 8-10 feet, and extending southerly from Route 25 to the subdivision in question 1283 feet (over premises now of R. Webber). The right-of-way within the proposed subdivision area is not within the purview of this board. Upon inspection of the subject right-of-way and pursuant to th~ road report of the road inspector, John W. Davis, dated May 10, 1983, s~me of the surface areas show patches of gravel and a mixture of small gravel and loam; and some sections are a little higher than the adjacent farmlands. The 1283-foot length appears to be hard- packed loam. Mr. Davis reports that the gravel patches would indicate that the road is not in stable condition when saturated from wet weather and springtime thaw. The board agrees with the recommendations of the road inspector, which are incorporated below. In considering this appeal, the board determines that the variance request is not substantial in relation to the requirements of zoning; that the circumstances are unique; that by allowing the variance no substantial detriment to adjoining properties will be created; that the difficulty cannot be obviated by a method feasible for appellant other than a variance; that the relief requested will be in harmony with and promote the general purposes of zoning; and in view of the manner in which the difficulty arose and in considera- tion of all the above factors, the interests of justice will be served by allowing the variance as indicated below. It is noted f~r the record that on May 16, 1983 the Southold Town Planning Board conditionally approved the subdivision as a set-off (Ch. 106-13) subject to receiving: (1) receiving approval (CONTINUED ON PAGE TWO) ~A'±'~D: June 1, 1983. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 3087 Matter of LULA MAE LATHAM Decision Rendered May 19, 1983 from the Zoning Board of Appeals and (2) approval of the right- of-way within the metes and bounds of the subdivision property from the Soutbold Town Planning Board. On motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3087, application for LULA MAE LATHAM for approval of access, BE AND HEREBY IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS: 1. Road width shall be improved 12 feet wide; 2. Road material removed and an additional 4" of topsoil for areas covered by holes 2 and 3 p~r Mr.-Davis' report (attached hereto) and add backfill to outer surface with clean fill; 3. Remove 6" of topsoil for area covered by hole 5 and backfill with clean fill; 4. Place a crowned compacted 6" course of bankrun containing 20% or more of gravel and 10% of loam on the total length of 1283 feet; 5. Any further lot set-offs, subdlvisions, or new dwellings shall be subject to further improvements as required by the Zoning Board of Appeals and the Planning Board. Location of Property: Private right-of-way located off the south side of Main (S.R. 25), Orient, NY; County Tax Map Parcel ID No. 1000-019-01-010. Vote of the Board: Ayes: Messrs. Goehringer, Douglass and Sawicki. (Members Doyen and Grigonis were absent.) This resolu- tion was unanimously adopted. RECEIVED AND FILED BY THE SOUTHOLD TOWN CI.F. RK I ! TO: FROM: Gerard P. Goehringer, Chairman Southold Town Board of Appeals John W. Davis ~wu ul ~)Utlhl~ltl Report No. 289 Date: May lO, 1983 RE: ACCESS ROAD - LULA LATHAM SET OFF LOT (ZBA Appeal #3087) COMMENTS: The existing road is l0 ft.~ in width. Some sections are a little above and other sections about even with the adjacent farmland. The profile is flat throughout. The 1283 ft~ length appears to be hard-packed loam for the greater part. Some surface areas show patches of gravel and a mixture of small gravel and loam. l0 test holes, approximately 125 ft. apart, made in the center of the road and starting at the south end of the R.O.W., show the following depths of the road material. Hole 1. Hole 2. Hole 3. Hole 4. Hole 5. Hole 6. Hole 7. Hole 8. Hole 9. Hole 10. 4' mixture 4" mixture of gravel and topsoil. 2" mixture of gravel and topsoil. 2"! Gravel on topsoil. 4"± mixture of gravel and topsoil. No gravel - all topsoil. 4"! gravel (gravel pa~ch) on topsoil. 5" mixture of gravel and topsoil (small amount of gravel). 4"± mixture of gravel and topsoil (mostly topsoil). 4"~ gravel on topsoil. of gravel, oyster shells. The gravel patches indicate that the road is not in stable condi- tion when saturated from wet weather and springtime thaws. There is nothing uniform about the amount of gravel found in the test holes. Recommendations: 1. Improved road width to be 12 ft. wide. 2o Remove road material and an additional 4" of topsoil for areas covered by holes 2 and 3. Add backfill to O~JS. with clean fill 3o Remove 6" of topsoil for area covered by hole 5.Back£ill wi~ clee~ £ill 4. Place a crowned compacted 6" course of bankrun containing 20% or more of gravel and 10% of loam on the total length of 1283 ft. There is a driveway layout at the second house that may be suitable for turning emergency equipment. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRtGONIS. JR. SERGE DOYEN. JR. ROBERT J. DOUGLASS JOSEPH H. SAWiCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 c:OUTHOLD, L.I.. N,Y, llcJ?l TELEPHONE (5161 765-1809 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the ~mended Code of the Town of Southold, a Regular Meeting and the following Public Hearings will be held by the Southold Town Board of Appeals on WEDNESDAY, APRIL 20, 1983 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application for ROBERT AND JOANNE DEVOE, by Irving L. Price, Jr., Esq., 828 Front Street, Greenport, NY for a Variance to Section 280-A, New York Town Law, for approval of access over a private right-of-way located off the north side of Main (S.R. 25) Road, at Terry's Point, Orient, NY; Parcel in Question: Subdivi- sion Lot 3 of Minor Subdivision of Jonathan D. Stern; County Tax Map Parcel No. 1000-17-02-001.2. 7:35 p.m. RECESSED HEARING: Application for EI~NEST H. PRUSSNER, by Abigail A. Wickham, Esq., Main Road, Mattituck, NY. 7:45 p.m. Application for ANDREW KRUPSKI and another, by William B. Smith, 220 Mechanic Street, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of two lots having insufficient area and width. Location of Property: Lots 23, 24 and 25 of Subdivision Map of Jonathan T. Overton; more particularly known as 1460 Town Harbor Lane, Southold, NY; County Tax Map Parcel No. 1000-064-05-12 and 13. 7:50 p.m. Application for N. CHARLES AND SYLVIA DeLUCA, by Richard F. Lark, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct one-family dwelling with deck addition with an insufficient rearyard setback, at 1235 Wells Road, Peconic, NY; County Tax Map Parcel No. 1000-86-2-pa~t of 3. and Shea, Esqs., 33 West Second Street, Riverhead, NY for a Variance to Section 280-A, New York Town Law, for approval of access over a / Page 2 - Legal Notice of Hearings Southold Town Board of Appeals Regular Meeting for April 20, 1983 8:00 p.m. Application forl R©GER L. MUNZ and VICTOR CATALANO~ by Philip J. Cardinale, Esq,~ Main Road, Drawer W, Jamesport~ NY for a Variance to the zoning Ordinance, Article VIis Sections~100-70 100-71,Article~PIII, Sections 100-80 &i00-81 for permission to estab- lish retail sales of boats on {his 17,193 sq. ft. parcel, in a B-1 Zone. Location of Parcel: 13175 Main Road, Mattituck~ NY~ County Tax Map Parcel No. 1000-140-03-038. 8:05 p.m. Application for ROGER L. MUNZ and VICTOR CATALANO~ by Philip J. Cardinale, Esq., Main Road, Drawer W, Jamesport~ NY for a Special Exception to the Zoning Ordinance, Article VIII, Section 100-80(B) [14] [15] for permission to utilize premises for boat sales on the premises in question zoned B-1 General Business, which use is permitted in a C-Industrial District by Special Exception. Location of Property: 13175 Main Road, Mattituck, NY~ County Tax Map Parcel No. 1000-140-03-038. 8:10 p.m. Application of HENRY JOHN PAVLAK, 3505 Grand Avenue, Mattituck, NY for a Variance to the Zoning Ordinance~ Article III, Section 100-32 for permission to construct accessory garage structure in the sideyard area° Location of Property: 3505 Grand Avenue, Mattituck, NY; County Tax Map Parcel No~ 1000- 107-~1-005. 8:15 p.m. Application for JOHN F. AND MARY McFEELY~ by Gandia Associates, Inc., 19 Brookfield Road, Northport~ NY for a Variance to the Zoning Ordinance, Article I!I~ Sections 100-31 and 100-32 for permission to locate dwelling with an insufficient sideyard setback from the east side line, and establishing front- yard location of existing garage structure° Location of Property: South Side of Peconic Bay Boulevard, Laurel; County Tax Map Parcel No. 1000-128-02-009.1. 8:20 p.m. Application of ANNE POLASHOCK, 570 Third Street, New Suffolk, NY for a Variance to the Zoning Ordinance~ ArtiCle III, Section 100-31 for permission to replace and increase size of existing porch. Existing and proposed construction will exceed 20% of lot coverage. Location of Property: East Side of Third Street, New Suffolk, NY; County Tax Map Parcel NOo 1000-117-09-021. 8:25 p.m. RECESSED HEARING: Appl~ication for NORTH FORI{ BAPTIST CHURCH, C.R. 48~a~d Westphalia Road, Mattituck, NY. - '~ Page 3 - Legal Notice of Hearings Sou~hold Town Board of Appeals Regular Meeting for April 20, 1983 8:35 p.m. Application for DOROTHY REISE (Owner) and RIAL REALTY iCORP. (Contract Vendee)~ by Rudolph H. Bruer, Esq., Main Road, Sou~hold, NY'for a Variance to the Zoning Ordinance, Article III, Section 100-30(A) and (B) for permission to construct garage and tennis court with fencing, for principal use on this vacant parcel. Location of Property: 675 Private Road No. 18A (East'Hyatt Road), Southold, NY; County Tax Map Parcel No. 1000~50-3-9. Any persons wishing to be heard concerning the above matters should appear at the times and place~above specified. For addi- tional information, please contact Linda Kowalski, Secretary, ~t 765-1809 (or 765-1802). DATED: April 5, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN Instructions to newspapers: Please publish once, to wit, Thursday, April 14, 1983 and forward one affidavit of publication to: Board of Appeals, Main Road, Southold, NY 11971. (Tel. 765-1809). Copies to the following on or about Monday, April 11, 1983: Suffolk Times, Inc. (personally delivered) L.I. Traveler-Watchman Inc. (personally delivered) Town Clerk Bulletin Board Mr. Victor Lessard (Building Dept.) Supervisor Pell · Town Board Members Irving L. Price, Jr., Esq., Attorney for Robert and Joanne DeVoe Abigail A. Wickham, Esq., Attorney for Ernest H. Prussner Mr. William B. Smith, for Andrew Krupski Richard F. Lark, Esq., Attorney for N. Charles and Sylvia DeLuca Twomey, Latham and Shea, Esqs., for Lula Mae Latham Philip J. Cardinale, Esq. for Roger L. Munz and Victor Catalano Mr. Roger L. Munz Mr. Victor Catalano Mr. Henry J. Pavlak Gandia Associates, Inc., for John P. and Mary McFeely Mrs. Anne P~lashock Mr. Gerry L. Horton, for North Fork Baptist Church ~North Fork Baptist Churck Rudolph H. Bruer, Esq. for Rial Realty Corp. (Dorothy Reise) FORM NO. 3 - TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To V~Gt~.__/'7~...~,..~c~.~..o~ .~C~?. ~ ..... ~...-...~.,.~ ...... PLEASE TAKE NOTICE that your application dated .~...,?. ................. 19 .~.75y. for permit to oon~tl-act..~.~-~..c7 .~... . Z: ...... .......................... at Location of ProPe~y. ~4~~ ..... ~,~' ~...~. ~ ....... ~~.~-~( House No. ~t~et Ham/et Co.~ty T~ Ma~ No. 1000 S~ctio..Q(~ ........ mo~ .. ~ ~ ........ ~t . .~ ....... Subdivision ................. Filed Map No. Lot No. is returned herewith and disapproved on the following grounds . ,/7~~..c~t,/~..ff'Cf'~..c~ .~. '. ~. . f ? ,, .:.~. .= . . . .?. x.~,.,,. : ~:, .?.~,,~.. . . ~. .dd~ .~. . ,. ,,,. ~,. ~ , .nw.x...de~.~....~gv...q...... ~,~.(.,~.>. .... .......... ........ ; .................. RV 1180 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. APPEAL NO. DATE ~. ~.r.g,~.Z'3.J.~, ~.....~ 9 8 3 1, (We) Lula Mae Latham of No ~ Main Road Nome of Appellant Street amd Number Orient Town of Southold New Yo~k ................ : ............................................................................................................. APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...o.,q,t.,qb.,q~.....1..5..,.....~..9..8...2. ........... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Lula Mae Latham Name of Applicant for permit of .3..2..2..0. k~.ft£~ ..R.Q~..c].,...Or. ieI~.~,,...~'.o~fj~..a£...S~,u.~,b, oi¢L ..~.¢.w...~..o..~]~. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit no sen off single lot 1. LOCATION OF TIlE ..... P~nPERTY No ~ Main Road ,, A ~e..~.J:.~.e.[.z..t.~..a..Z.....A..,..~.,z.,q~.Z...t:..~..?..~...Z' / g ' Street Use District on Zoning Map 1000-019-31-010 IVieD No. Lot No. 2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Town Law Section 280A(3) TYPE OF APPEAL Appeal is made herewith for A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec, 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (~.~) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such aDoeal was ( i request for e special permit ( ) request for a romance and was maae in Appeal No ................................. Dated ..................................................................... (X) ( ) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested forthe reasonthat applicann wishes to sen off one lo% from her property and does not have the public streen frontage required by Section 280A(3). (Continue on other side) REASON FOR APPEAL Continued 1 STRICT APPLICATION OF THE ORDINANCE would produce practica~ dlfficu~ties or unneces- sary ~,ARDSHIP because applicant would be forever barred from subdividing this parcel. 2 The narasn D crea~ea is UN!QUE and is not shared DV OH aroDerties alike in the mmediate vicinih of this ~roperty aha in this use district because other properties in the area have the required access to a public road. 3 The .anance .vould observe the spirit of the Ordmance aha WOULD NOT CHANGE THE C ~RACTEF OF THE DISTRICT because the right of way which would provide access in accordance with Art. 16 Section 280A is in exisnence and is currently used by the applicant, her. nelghbors~ farmers~ and-~he Towm. STATE OF NEW YORK CC~NTY OF SUFFOLK SS Sworn to this ............ 4t.-h ......................... Lula Mae Lath,~ .................... · '; ..... ~/'"" tCi~hoture Twom~y, Latham & Shea dav 3f.....F.eb.ruar~z., .............................. 1983 4758?72, 3 survey h~s ~ p?epared /n aceo~ce nfinim~m s/a~dard~ for i/tie ~vvey~ as by the LonE I~/ A~e/a~/om o~ land s°utho Id Tow Bn oar d o £ App e als MAIN ROAD- E~TATE ROAD 25 E;DUTHOLD, L.I., N.Y. ll¢:J?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOERRINGER, CRAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI May 6, 1985 Amy Turner, Esq. twomey, Latham and Shea 33 West Second Street Riverhead, NY 11901 Re: Appeal No. 3087 - Lula Mae Latham Dear Mrs. Turner: May we have the status of the anticipated improvements required by the board's decision rendered May 19, 1983 in the above matter. Yours very truly, GERARD P. GOEHRINGER C~RMAN ~ . APPEALS BOARD MEMBERS GERARD p. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI $outhold Town Board o£Appeals MAIN ROAD- STATE ROAD 2.5 c=OUTHOLD, L.I., N.Y. 11cj71 TELEPHONE (516) 765-1809 September 16, 1983 Amy Turner, Esq. Twomey, Latham and Shea 33 West Second Street Riverhead, NY 11901 Re: Appeal No. 3087 Lula Mae Latham Dear Ms. Turner: With reference to your letter dated September 14, 1983, please be advised that we have authorized Mr. Davis to rein- spect the subject right-of-way for the purposes of clarifying the requirements and to answer questions you have. Normally, Mr. Davis is asked to do one inspection for recommendations, and the final inspection (after improvements) is made by the Z.B.A. after receiving notification therefor, which is different than the policy of the Planning Board. When the right-of-way has had the improvements, please let us know in order that we may consider acceptance of same. If you require any other assistance, please call our office. Yours very truly, GERARD p. GOEHRINGER CHAIRMAN cc: Mr. John W. Davis By Linda F. Kowalski, Secretary Southold Town Board of Appeals MAIN ROAD- STAT£ ROAD 25 SOMTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRiNGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI TO: Mr. Jack Davis, Road Inspector FROM: Jerry Goehringer, Chairman DATE: September 16, 1983 SUBJECT: Appeal No. 3087 - Lula Mae Latham Right-of-Way at Orient Dear Mr. Davis: Today we received the attached letter from Twomey, Latham and Shea, attorneys for Mrs. Latham in the above matter. Mrs. Turner apparently has a few questions and needs a clarifica- tion concerning your two reports (one for the Planning Board and one for the Z.B.A.). Since you feel a reinspection is necessary, the Z.B.A. will authorize such inspection. Please let us know when you have had a right-of-way and what the results are. time and assistance. chance to reinspect the Thanks again for your THOMAS A. TWOMEY. Jr. STEPHEN B. LATHAM JOHN f SHEA, Iii ROBERT D. PIKE CHRISTOPHER D KELLEY AMY B TURNER TWOMEY, LATHAM & SHEA A~TORNEYS AT LAW 33 WEST SECOND STREET P O. BOX 398 [516) 727-2180 September 14, 1983 Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road--State Road 25 Southold, N.Y. 11971 9 NORTH MAIN STREET EAST HAMPTON. N.Y. 11937 (SI6) 324-12OO Board of/ippeais Town of Southold Re: Appeal No. 3087; Lulah Mae Latham Dear Chairman Goehringer: As you will recall, on June 2, 1982, the Zoning Board of Appeals granted approval of Section 281 access for the above referenced application. In connection with that approval, the Board adopted the recommenda- tions made by John W. Davis on May 10, 1983 concerning certain improvements to the 1283 feet right of way. That right of way extends from the northerly boundary of Mrs. Latham's property to Route 25. The improvements included widening the road to 12 feet; removing road material from the areas covered by certain test holes; and covering the length of the road with 6 inches of bankrun. As you know, on May 16, 1983, the Planning Board approved a set off of a one-acre lot on Mrs. Latham's property, subject to receipt of Section 280-A approval from the ZBA and the Planning Board approval of the right of way within Mrs. Latham's property. On August 22, 1983, the Planning Board adopted Mr. Davis' report of May 25, 1983, which recommended improvements to the 400 feet of right of way extending from the northerly boundary of Mrs. Latham's property to the center of the setoff lot. As you will note, Mr. Davis' report to the Planning Board does not require the removal of road material and requires a cover of only 4 inches of bank- run. In accordance with your recommendation, I discussed these two reports with Mr. Davis. He advised me that he would be unable to explain the differences without again inspecting that portion of the right of way which is within the ZBA's jurisdiction. Mr. Davis advises me that he has no objection to reinspecting that portion, ii directed to do so by the ZBA. Ge~azd P. Goeh~ingez Septembe~ 14, 1983 Page Two Mzs. Latham is concerned about the cost and nature of the improvements ~equiKed by the ZBA. Although M~. Davis' ~eports to the ZBA and the Planning Board deal with the same ~oad, the improvements required by the formez report are mo~e extensive and mo~e costly. It is our view that the improvements required by the Planning Board are sufficient, and we respectfully request that Mc. Davis be directed to ~einspect that portion of the ~ight of way within the ZBA's jurisdic- tion. (I assume that a reinspection would not involve any cost to Mrs. Latham. However, if I have assumed incorrectly, please let me know before the inspection is ordered.) Thank you for you~ assistance in this matter. Very truly yours, AT:is enc. cc Diana Latham John W. Davis INSF~'I~N RE]~RT Henry E. ,4aynor~ Jr.~ 0hairman S(~l~hold '!'own Planning Board John W. Davis DATE: ~-~ay 25, 19~3 RE: DIAiA DAY ACCESS ROAD ;~T~IN v~E 7.9 ACRE ~F~TION qbe exisfing road is 10 ft.-+ in width and about ~he .~ame level elevation as the adJacemt farmland, qbe surface area has some gravel ~atches. Most of the length anoears to be hard packed loam. "he following 6 test holes, 100 ft. apart and starting 1OO ft. south of the house not in the set off lot, indicate +J~e depth and type of material in the existing road section. Hole 1, Hole 2, Hole 3, Uole 4, Hole 5, Hole 6, 5"1 all loam 2"+- mixture of small gravel and loam 3" *- some small gravel and loam 2" i s~me small gravel and loam 5" i mixture of small gravel and loam 5" 4_ mixture of small gravel and loam ~here are a few small depressions (,md holes) due to recent wet Weather. Reco~m~ndations~ 1. Widen the road %0 12 ft. in width from the northerly nropert~, line %o the center of the set off lo+., approximately 400 L.F. 2. Place a crowned compacted 4" course of ban~run containing 20% or more of grawl and 10% of loam on the above 400 ft. there is a drLvewa3r la. ut (o~ster shell, and loam) at the second house that could be used for turning emergency vehiclee. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2.5 SOUTHOLD, L.I., N.Y. 11991 TEl FPHONE f516) 765-1809 June 2, 1983 Amy B. Turner, Esq. Twomey, Latbam and Sbea 33 West Second Street Riverhead, NY 11901 Re: Appeal No. 3087 - Lula Mae Latham 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 Building Department for approval of any new construc-%~ to return to the or for other documents as may be applicable. tion in writing, If you have any questions, please do not hesitate to call either~ our office (765-1809) or that of the building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to Building Department Planning Board GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary TO: FRO r,,~: Gerard P. Goehringer, Chairman Southold Town Board of Appeals John W. Davis Report No. 289 Date: ~fay 10, 1983 RE: ACCESS ROAD - LULA LATHAM o~w~ OFF LOT (ZBA Appeal #3087) CO?~,~ENTS: The existing road is l0 ft.~ in width. above and other sections about even with the adjacent farmland. The profile is flat throughout. The 1283 fto length appears to be hard-packed loam for the greater part. Some surface areas show patches of gravel and a mixture of small gravel and loam. Some sections are a little l0 test holes, approximately 125 ft. apart, made in the center of the road and starting at the south end of the R.O.W., following depths of the road material. show the Hole 1. Hole 2. Hole 3. Hole 4. Hole 5. Hole 6, Hole 7. Hole 8. Hole 9. Hole l0 4" mixture of gravel and topsoil. 2" mixture of gravel and topsoil. 2"! Gravel on topsoil. 4"! mixture of gravel and topsoil. No gravel - all topsoil. 4"! gravel (gravel pamch) on topsoil. 5" mixture of gravel and topsoil (small amount of gravel). 4"Z mixture of gravel and topsoil (mostly topsoil). 4"~ gravel on topsoil. 4" mixture of gravel, oyster shells, The gravel patches indicate that the road is not in stable condi- tion when saturated from wet weather and springtime thaws. There is nothing uniform about the amount of gravel found in the test holes. Recommendations: Improved road width to be 12 ft. wide. Remove road material and an additional 4 of topsoil for areas covered by holes 2 and 3. Add backfill to O~JS. with clean fill Remove 6" of topsoil for area covered by hole 5. Backfill with cle~ fill Place a cro,,~ed compacted 6" course of b~nkrun containing 20% or more of gravel and lO~ of loam on the total l~ngth of 1283 ft. There is a driveway layout at the second house for turning emergency equipment. that may be suitabl~ TO: Gerard P. Goehringer, Chairman Report No. 289 Southold Town Board of Appeals FROM, John W. Davis Date: May lO, 1983 RE: ACCESS ROAD - LULA LATHAM SET OFF LOT (ZBA Appeal #3087) COMMENTS: The existing road is 10 ft.~ in width. Some sections are a little above and other sections about even with the adjacent farmland. The profile is flat throughout. The 1283 ft. length appears to be hard-packed loam for the greater part. Some surface areas show patches of gravel and a mixture of small gravel and loam. l0 test holes, approximately 125 ft. apart, made in the center of the road and starting at the south end of the R.0.W., show the following depths of the road material. Hole Hole Hole Hole Hole Hole Hole Hole Hole Hole 1. 4" mixture of gravel and topsoil. 2. 2" mixture of gravel and topsoil. 3. 2"! Gravel on topsoil. 4. 4"~ mixture of gravel and topsoil. 5. No gr~vel - all topsoil. 6. 4"~ gravel (gravel patch) on topsoil. 7. 5" mixture of gravel and topsoil (small amount of gravel). 8. 4"~ mixture of gravel and topsoil (mostly topsoil). 9. 4"~ gravel on topsoil. 10. 4" mixture of gravel, oyster shells. The gravel patches indicate that the road is not in stable condi- tion when saturated from wet weather and springtime thaws. There is nothing uniform about the amount of gravel found in the test holes. Recommendations: 1. Improved road width to be 12 ft. wide. 2. Remove road material and an additional 4" of topsoil for areas covered by holes 2 and 3. Add backfill to O~JS. with clean fill. ~ Remove 6" of topsoil for area covered by hole 5.Backfill with clean fill. Place a crowned compacted 6" course of bankrun containing 20% or more of gravel and 10% of loam on the total length of 1283 ft. There is a driveway layout at the second house that may be suitable for turning emergency equipment. HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 TELEPHONE 765-1938 May 18, 1983 Ms. Amy Turner Twomey, Latham, & Shea P.O. Box 398 Riverhead, New York 11901 Re: Diana Day Latham Proposed Set-Off Dear Ms. Turner: The following action was taken by the Southold Town Plan- ning Board, Monday, May 16, 1983. RESOLVED that the Southold Town Planning Board approve a set-off (106-13) as designated on the map of Roy Latham, located at Orient, dated November 4, 1977 and amended May 25, 1978, for which property is to be conveyed to Diana Day Latham, subject to applicant receivin~ 280-A approval from the Zoning Board of Appeals f~ the ri~i~L-u£-way uuL~±de the metes and bounds of the subdivision property and. Planning Board approval for the~ight- o~f-way w~i~ the metes and bounds o'~-~e subdivison pro'perth. Please forward six copies of the subdivision map to our of- fice for referrals under the State Environmental Quality Review Act. Your check #1279 is being returned as the filing fee for a set-off is $50. Please make check payable to the Southold Town Clerk. If you have any questions, please contact our office. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD Enc. cc: By Susan E. Long, Secretary Zoning Board of Appeals~// THOMAS A. TWOMEY, JR STEPHEN B LATHAM JOHN E SHEA, III ROBERT D. PIKE CHRISTOPHER D KELLEY AMY B. TURNER TWOMEY, LATHAM ~ SHEA ATTORNEYS AT LAW 33 WEST SECOND STREET P. O. SOX 398 RIVERHEAD, NEW YORK 11901 {516) 727-21E0 9 NORTH MAIN STREET EAST HAMPTON, N.Y. 11937 (516) 324-1200 May 9, 1983 Gerard P. Goehringer, Chairman and Members of the Southold Town Board of Appeals Main Road Southold, N.Y. 11971 Re: Appeal No. 3087--Lulah Mae Latham Dear Chairman Goehringer & Members of the Board: At the hearing of the above referenced appeal, the Board asked me to submit a letter setting forth those individuals or organizations which currently have a right to use the right of way over Mr. Robert Webber's property. As you will recall, at the hearing I advised you that Mr. Webber, certain farmers who lease farmland from the Hoeys and Lathams, and the town and county use the right of way. My client advises me that the right of way is also used infrequently by farmers who farm the Terry parcel to the west of the Latham and Webber properties, and as Mr. Webber stated at the hearing, by the Oyster Pond Rod and Gun Club. We are unaware of any other individuals who have a legal right to use the right of way. However, as indicated on the map submitted to you, the Droskoski's own land to the south, and H. Demerest and Sons owns property to the southeast of the Latham parcel. My client does not know whether either of these neighbors use the right of way, and we are unaware of any deed conveying to them a right to do so. Gerard P. Goehringer May 9, 1983 Page Two Finally, as I also mentioned at the hearing, a deed recorded on September 19, 1908 in Liber 539, cp. 464 by which Orange Petty conveyed five acres to Frederick Latham appears to be subject to a right of way over that parcel. We are not aware of anyone who claims a right to use the right of way pursuant to this deed. If you need any other additional information, please let me know. Sincerely yours, Amy Tu rn~t AT:is CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT -THiS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THISINDENTURE, madethe 21st dayof February ,nineteenhundredand eighty BETWEEN EDWARD KOROLESKI and MADALYN KOROLESKI, his wife, both residing at (No #) Main Road, Orient, New York partyofthefirstpart, and ROBERT E. WEBBER, residing at 35 Brookhaven, New York Chapel Avenue, party of the second part, WITNES$1eTH, that the party of the first part, in consideration of ten dollars and other valuable consideration 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, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon ~rected, situate, lying and being~n~ at Orient in the Town of Southold, coUnty of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the southerly line of Main Road (N.Y.S. Route 25) where same is intersected by the easterly line of land now or formerly of Joyce Burton, said point or place of beginning being 3,277 feet more or less easterly from the corner formed by the intersection of the southerly line of Main Road with the easterly line of Narrow River Road easterly along the southerly line of Main Road along a curve to the right having a radius of 1877.08 feet a distance of 67.91 fee~; THENCE South 62° 52' 25" East still along the southerly line of Main Road 70.17 feet to land now or formerly of Louis Tuthill Estate; THENCE South 3° 40' 19" East along last mentioned land,1282.11 feet to land now or formerly of Roy Latham; THENCE North 86° 11' 59" West along last mentioned land, 451.28 feet to land now or formerly of Lloyd Terry; THENCE North 5° 39' 09" East along last mentioned land, 1146.01 feet to land now or formerly of Joyce Burton; THENCE South 84° 20' 51" East along last mentioned land, 100 feet; THENCE North 10° 08' 40" East still along last mentioned land, 183.71 feet to the southerly line of Main Road at the point or place of BEGINNING. ........... Z4'763 TOGETHER with all right, title and interest, if any, of th[ party o};tSe' fiSit~art in a, t to any streets and roads abutting the above descried premises to the center 1i¢(5 :..:74a., ~¢~ ~ the appurtermces and all the estate and rights o~ the party of the first part in and ta said premises; TO HAVE AND TO HOLD the premises herein granted unto the party the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered 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 be construed as if it read "parties" whenever the sense of this indentpre so requires. IN WITNESS WHEREOF, the party of the first part has dui), executed this deed the day and year first above written. IN PRESENCE OF: STATE OF HEW YORK, ~NTT OF Suffolk ss: On the 21s~lay of February 19 80, before me personally came Edward Koroleski and Madalyn Koroleski to me known to be the individual $ described in and v'ho executed the foregoing instrument, and acknowledged that they executed the same. WILLIAM H. PR/CT, JR. · NIOTARY PUBLIC, STATI: OF NEW YORK ·Suffolk Counfy No. 4644944, ~ '~en~ Expires Murch 30, 1981 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. -t ; that be 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 instrnment 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 #IW YORK, COUNTY OF SS: On the day of 19 , before me personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. 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. Bargain anh ale leei . WITH COVENANT AGAINST GRANTOR'S Acrs TITLE NO. KOROLESKI TO WEBBER STANDARD FORM DE NEW YORK BOARD OF TITLE UNDERWRITERS Distributed by CHICAGO TITI~ INSURANCE COMPANY SECTION BLOCK ' LOT COUNTY OR TOWN Recorded at Request o[ CHICAGO TITLE INSURANCE COMPANY Return b~ Mail m THOMAS E. GILL, ESQ. 320 North Sea Road P.O. Drawer 1269 Southampton, N.Y. 11968 Zip No. Southold MAIN ROAD-STATE ROAD 25 Town Board of Appeals 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 R. SAWlCKI April 11, 1983 Amy B. Turner, Esq. Twomey, Latham and Shea 33 West Second Street Riverhead, NY 11901 Re: Appeal No. 3087 - Lula Mae Latham Hearing Date: April 20, 1983 Dear Mrs. Turner: In reviewing the above-referenced file and research- ing town records, we were not able to find a copy of the deed conveying this right-of-way. Would you please provide us with a copy of same at your earliest convenience? Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Secretary THOMAS A. TWOMEY, JR. STEPHEN B. LATHAM JOHN f SHEA, III ROBERT D. PIKE TWOMEY, LATHAM & SHEA ATTORNEYS AT LAW 33 WEST SECOND STF~EET P, O BOX 398 1516) 727-2180 9 NORTH MAiN STREET EAST HAMPTON, N.Y. 11937 (SIS) 324-1200 April 18, 1983 Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road Southold, N.Y. 11971 Re: Appeal No. 3087 - Lula Mae Latham Dear Mr. Goehringer: In accordance with your request, enclosed please find a deed from David Petty and his wife to Fred Latham, recorded on October 8, 1888, which conveys the right-of-way. If you need any additional information or have any questions, please call. ner YL~// ABT:jO enc. /:-~J p.m. Application for ROBERT AND JOANNE De- VOE, by Irving L. l~ce, Sr., Esq., 828 Front Street, Green- pert, N.Y. for a Variance to Section 200-A, New York Town Law, for approval of ~ces~ over a private fight-of-way located off the ~orth side of Main (S.R. 25) Road, at Tor- y's Point. Orient, N.Y.; Par. col in Question: Subdivision Lot 3 of Minor Subdivision of Jonathan D. Stem; County Tax Map Parcel No. 1000-17-02. 001.2. 7:3S p.m. RECESSED HEARING: Application for ERNEST H. PRUSSNER, by X~-ali A. Wickh~m, ESq., Main Road, Mattituck, N,Y. 7:45 p.m. Application for ANDREW KRUPSKI and an- other, by William B. Smith, 220 Mechanic Street, South- old, N.Y. for a Variance to the Zoning Ordinance, Article Hi~t~ Section 100-31 for approval of two lots having insufficient area and widfl~. Location of Property: Lots 23, 24 and 25 of Subdivision Map of Jonathan T. Overton; more partieuinrly known as 1460 Town Harbor Lane, Southold, N.Y.; County Tax Map Parcel No. 1000-064. 05-12 and 13. .. 7:50 p.m. ApplicatiOn for N. CHARLES AND SYLVIA De- LUCA, by Richard F. Lark, Esq., Main Road, Cutchogue, N.Y. for a Variance to the Zoning Ordinance, Article HI, Section 100-31, Balk Schedule, for permission to construct one-family dwelling with deck addition with an insufficient,~ rearyard setback, at 1235 Wells Road, Pecoulc, N.Y.; County Tax Map Parcel NO. p.m. Application fo~ MAE LATHAM, by , Latham and Shea, 3 West Second Street, ad, N.Y. for a Variance to Sbction 280.A, New York Town Law, for approval of access over a private riF, ht-of- way located off the south side of Main (S.R. 25) Road, Or- lent, N.Y.; Parcel in (}uestioni (,..=.1900-019-01-010. 8:00 p.m. Apptlt'~"6E-for ROGER L, MUNZ and VIC- TOR CATAIJtNO, by Philip Cardinale, Esq., Main Road,q{; Drawer W, Jamesport, N.Y. for a V .a:riance to the Zoning tions 100-70 100-71, Article VIH, Sections 100-80 & 100-81 for permission to establish retail sales of boats on this 17,193 sq. ft. parcel, in a B-1 zone. Location of Parcel: 13175 Main Road, Mattituck, N.Y.; County Tax Map Parcel No. 1000-140-03-038. i8=05 p.m. Application for ROGER L. MUNZ and VIC- TOR CATALANO, by Philip J. Cardinale, Esq., Main Road, Drawer W. Jamesport, N.Y. for a Special Exception to the Zoning Ordinance, Article VIII, Seettun I00-800~) [141 [15] ;for:~permission to utilize premises for boat sales on the premises in question zoned B-I General Business, which use is permitted in a C-Indus- trial INsttict by Special Excep- tion. Location of Property: 13175 Main Road, M~trituck, ~,¥.!_~_~ T~ Map Percei men once each week for .... ~ .............................. weeks /¢~ successively, commencing once .................................... Sworn to before me this J { ~ ................................ day of ................. .............. , Property: Lots 23, 24 and25 of Subdillil~'4m=M~p of Jonathan .T. ~; mo~;e particularly xnown~ll~ 1460 Town Harbor Lane, Southold, NY; County Tax Map Parcel No. 1000-064- 03-12 and 13. 7:50 p.m. Application for CHARLES AND SYLVIA DeLUCA, by Richard F. Lark, Esq., Main Road, Cutchogue, NY for a Variance to the Zonin~ Ordinance Article III Section 100-31, Bulk Schedule', for permission to construct one-family dwelling with deck addition with an insufficient rearyard setback, at 1235 Wells Road, Peconic, NY; County Tax Map Parcel No. · rtofl. · Application for LA MAE LATHAM, Twomey, Latham and Shel Esqs., 33 West Second Stres Riverhoad, NY for a Varian . to Section 280-A, New York Town Law, for approval of access over a private right-of- way located off the south side of Main (S.R. 25) Road, ~ Orient, NY; Parcel in Ques- I tion: 1000-019-01-010. ~,,~:00 p.m. Application for ROGER L. MUNZ and VICTOR CATALANO, by Philip J. Cardinale, Esq., Main Road, Drawer W, Jamesport, NY for a Variance to the Zoning Ordinance, Article VII, Sections 100-70 & 100-71, Article VIII, Sections 100-80 & 100-81 for permission to establish retail sales of boats on this 17,193 sq. ft; parcel, in a B-1 Zone. Location of Parcel: 13175 Main Road, Mattituck, NY; County Tax · Map Parcel No. 1000-140-03- 038. 8:05 p.m. Application for ROGER L. MUNZ and VICTOR CATALANO, by Philip J. Cardinale, Esq.,~ Main Road, Drawer W, Jamesport, NY for a Special Exception to the Zoning Ordinance, Article VIII, Section 100-80(B)[14][15] for permission to utilize promises for boat sales on the premises in question zoned B-1 General Business, which use is permitted in a C-Indnstrial Suffolk, NY; County Tax Map Parcel No. 1000-117~1. 8:25 p.m. App~H]~b'~ for NORTH FORK BAPTIST CHURCH, C.R. 48, Mattituck, N.Y. (Recessed from March ~, 1983). 8:35 p.m. Application f°r DOROTHY REISE (Owner) and RIAL REALTY CORP. (Contract Vendee), by Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30(A) and (B) for permission to construct garage and tennis court with fencing, for principal use on this vacant parcel. Location of Property: 675 Private Road No. 18A (East Hyatt Road): Southold, NY; County Tax Map Parcel No. 1000-50-3-9. Any persons wishing to be heard concerning the above matters should appear at the times and place above specified· For additional in- formation, please contact Linda Kowalski, Secretary at 765-1809 (or 765-1802). DATED: April 5, 1983. · BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER ITA14-4220 CHAIRMAN LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 2~i7 of the Town Law and the I/rovisions of the Amended ~ede of the Town of South~ld, ~b Regular Meeting and the following Public Hearings will be held by the Scuthold Town Board of Appeals on WEDNESDAY, APRIL 20, 1983, at the Southold Town Hall, Main Road, Southold, commencing at 7:30 p.m. and as follows: 7:30 p.m. Appl{cation for ROBERT AND JOANNE DEVOE, by Irving L. Price, Jr., Esq., 828 Front Street, Greenpert, NY for a Variance to Section 280-A, New York Town Law, for approval of ac- cess over a private right-of- way located off the north side of Main (S.R. 25) Road, at Terry's Point, Orient, NY; Parcel in Question: Subdivi- sion Lot 3 of Minor Subdivision of Jonathan D. Stern; County Tax Map Parcel No. 1000-17- 02-001.2. 7:35 p.m. RECESSED HEARING: Application for ERNEST H. PRUSSNER, by Abigail A. Wickham, Esq., Ma~n Road, Mattituck, NY. 7:45 p.m. Application for ANDREW KRUPSKI and Ztther, by William B. Smith, Mechanic Street, Southold, for a Variance to the ing Ordinance, Article III, ion 100-31 for approval of two lots having insufficient area and width· Location of District by Special Exception. Location of Property: 13175 [ Main Road, Mattituck, NY; ] __...,~_~ ~ County Tax Map Parcel No [OF NEW ¥~t~ ~ 1000-140-034).'18. ' [ '~ SS' 8:10 p.m. Application of I ' ' HENRY JOHN PAVLAK, 3505 flY OF SUFFOLK ) Grand Avenue, Mattituck, NY ~ for a Variance to the Zoning [ ~,,! GL1S ~ a-v-~ Oiq- Ordinance, Article III, Section :.........'. .......................................................... O{ GreenDort, in said County, 100-32 for permission to w/she is a representative of THE SUFFOLK TIMES, a weekly construct accessory garage structarein thesideyardaroa. ;per, published at Greenport, in the Town of Southold, County Location of Property: 3505 Grand Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-107-01-005. 8:15 p:m. Application for JOHN F. AND MARY McFEELY, by Gandia Associates, Inc., 19 Brookfield Road, Northport, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-32 for permission to locate dwelling with an insufficient sideyard setback from the east side line, and establishing front- yard location of existing garage structure. Location of Property: South Side of Peconic Bay Boulevard, Laurel; County Tax Map Parcel No. 1000-121~02.009.1. 8:20 p.m. Application of ANNE POLASHOCK, 570 Third Street, New Suffolk, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to replace and increase size of existing porch. Existing and proposed construction will exceed 20% of lot coverage. Location of Property: East Side of Third Street. New folk, State of New York, and annexed is a printed copy that has · egularly published in said newspaper once in each week ~.~ ......... week(s) successively, commencing thel...~..~...~., day ?..~.~.. ................... 19......8..}.. ............... 1 4th to before me this ........................................... ......... .~.pXJ.~ .................... 19........~-~. ......................... HELEN K. DE VOE DTARY PUBLIC, Stale of New York , No, 4707878, S~ffoik Ccuet. ly~.. Term Expires March 30, JUDITH T. TERRY TOWN CLI'R K REGISIRAROI VITALS[ \I[SII(S OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 14, 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 JTT/bn Enclosures Transmitted herewith is Zoning Appeal No. 3087 application of Lula Mae Latham 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 Building Department; and survey. ~~ Terry ~ Southold Town Clerk~ THOMAB A. TWOMEY, JR. STEPHEN B. LATHAM JOHN F. BHEA, ROBERT D. PIKE CHRISTOPHER D. KELLEY AMY B. TURNER TWOMEY, LATHAM & SHEA A"CTORNEYS AT LAW 33 WEST SECOND STREET P. O. BOX 398 I~/IYERHEAD, i~EW YOI~K 11901 (516) 727-2180 February 9, 1983 S NORTH MAIN STREET EAST HAMPTON, N,Y, ~1937 (516) 324-1200 Judith T. Terry Southold Town Clerk Southold Town Hall Main Road Southold, N.Y. 11971 RECEIVED~ FEB 1. 41983 Town Clerk Soufhold Re: Lula Mae Latham/Application For Approval of Access Under Section 280-A Dear Ms. Terry: Enclosed please find an application for approval of access under Section 280-A of the Town Law to a parcel of property located at Orient which our client, Lula Mae Latham, is seeking to subdivide. An application to the Planning Board for tentative approval of the subdivision was submitted on February 8. Also enclosed are four copies of a map of the parcel proposed to be subdivided, a Short Environmental Assessment Form, wetlands letter, notice to adjacent property owners with certified receipts attached, and a filing fee in the amount of $15.00. If you have any questions concerning the enclosed, please call the undersigned. Sincerely, Amy B. Turner ABT:ls enclosures cc Diana Latham Lula Mae Latham RECEIVED TOWN OF SOUTHOLD, NEW F£B 1 4 APPEAL FROM DECISION OF BUILDING INSPFCTOR '[own Clerk Southold ,of TO THE'ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Municipality APPEA' DATE Nome of Appellant Street and Number Orient, Town of Southold New York ............................ HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..Q.q~.~.b.~.~.....].~,.,....1..~.~.~. ............ WHEREBY THE BUILDING INSPECTOR DENIED TO ( ( (X) Lula Mae Latham Name of Applicant for permit of ...;~?.?, ~...~i~..J~Q~.¢l ~...O~c J. ez, ~.,...~'.o~z~...a £...fl ~.; ~l~.,...~.~...~p~ ...... Street and Number Municipality State ) PERMIT TO USE ) PERMIT FOR OCCUPANCY Permit to set off single lot 1. LOCATION OF THE PROPERTY .N.9~.~.~.a.~.i.~.~..R~.~.9~.d.~.~.A.~.R.~e.~.s..i~.d..e..r.~.t..i~a.~/~g"~9~9~% Street Use District on Zoning Map 1000-019-01-010 Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Town Law Section 280A(3) 3 TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map (X) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (L.~) (has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was moj:le in Appeal No ................................. Dated ...................................................................... (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 set off one lot her property and does not have the public street frontage required by Section 280A(3). from l~orm ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sat'¥ HARDSHIP because applicant would be forever barred from subdividing this parcel. 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 other properties in the area have the required access to a public road. 3 Thc Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the right of way which would provide access in accordance with Art. 16 Section 280A is in existence and is currently used by the applicant, her neighbors, farmers, and the Town. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) SS Lula Mae Lath~ ' (1 Signature Twom~y, Latham & Shea Sworn tn this ............. 48..1% .......................... day of..Feb.~uar~,'., .............................. 1983 Notar,/'~'~bli~ ..................... BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter of the Petition of : LULA MAE LATHAM to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (.Variance):~Yegi~LKE~iifltf~) (~TFc~WaX~;I~{~ (the following relief: 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: No. 32200 Main Road, Route 25, Orient, New York County Tax Map #1000-019-01-010 3. That the property which is the subject of such Petition is located in the following zoning district: A Residential/Agricultural 4. That by such Petition, the undersigned will request the following relief: Approval of access under Town Law Section 28~A~3) to ~ parcel propn.~ed tn be .~hdivid~d. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article Sectic~ Town Law Section 280A(3) 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of $outhold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: February 4, 1983 Petitioner BY AMY B. TURNER. Twomey, Latham & Shea Post Office Address Riverhead, New York 11901 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Robert E. Webber Doris Hoey Stanley Droskowski Joseph Droskow~ki Lloyd Terry Harrison Demerest & Sons Nature Conservancy 35 Chapel Avenue, Brookhaven, N.Y. 1335 Fleming Ave., Florida 32074 Main Road, Orient, New York 11907 Main Road, Orient, New York 11907 Main Road, Orient, New York 11907 Main Road, Orient, New York 11907 1800'North Kent Street, Arlington, Virginia 22209 11719 Lot 123, Ormond Beach, STATE OF '~!b~A' S~'¥MOR~ , residingat 116 Glider Avenue, Rlver~ead, New York 11901 . being duly sworn, deposes and says that on the 9th day of February. ,19 8 3 , 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- fice at Riverhead. New York ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Notary Public JANICE M. 0LSEN NOTARY PUBLIC, State of Nell No. 5245271.77, Suffolk CmlMIL le(m Expires March 30, lg~..~ Lisa Seymo~ Februarv 4. 1983 (Today'~ Date) To: Re: Southold Town Board of Appeals Main Road Southold, NY 11971 Appeal Application of Location of Property: Orient, New York Lula Mae Latham 3220 Main Road, Route 25~ Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property id the within appeal application: (please check one box) [ ] May be located within 300 feet of tidal wetiands; hot, ever, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* [ ] May b~ 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. [ ] -IX] May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing 'on the premises. 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, (S~gHatur~ 'please)'-v SHOI~T EI~I~ROHhlEHTAL ASSESSh~ENI iNSTRUCTIOHS.: ~ ~ In order to answer the questions in this short EAF tho[ the preparer will use. currently available in¢ormation concerning the project end the likely impacts oF the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant end o completed Environmental Assessment Form is necessary. (c) If all questions hove been answered No it is ltl<ely that this project is not significant. .. ' (d) Environmental Assessment '' .. 1. Will project result in o large physical change . to the project site Or physically alter more X No Yes: than lO acres of land? ......................... 2. ¥/±ll there'be ~ major change to any unique or -unusual land ~orm found on the site? .......... Yes x 3. ¥1ill project alter or hove a large effect'on Y~s. x existing body of water? ....................... 4. ¥fill project have a potentially large impact , on groundwater quality? ........................ Yes. No_ 5. ¥1ill project significantly effect dro%noge flow on od~acent sites? ' Yes X 6. ¥;ill project effect any threatened or endangered plant or animal species? ............ Yes X No 7. ¥/ill projegt result in o major adverse effe~ quality? ' Yes X No on air .............................. 8. ¥/ill project hove o major efifect on visual character of the community or scenic views or vistas known to:be impor%ont to the community? 'Yes X'No ~. ¥/ill project o'dversely impact any site or .. · structure of historic, prehistoric or paleontological importance or any site designated os o critical environmental oreo by o local agency? .~ .-~ ............ Yes X No 10. ¥7ill project have o major effect on exlstihg or future recreational opportunities? ......... Yes X No 11. ¥7ill project result in .major traffic problems" '' oK cause o major effect to ex-istinD transportation systems? ....................... Yes X No 12. Will project .regularly cause objectionable odors, noise, glare, vibration, or electrical disturbance os a result of the project's opero~ion? ~ ' Yes X No 13. ¥Iill project have any impact on public health '' or.safety? .................................... .,, Yes X NO 1~. %'7ill p~oject effect the existing community by -. directly causing o growth in permanent " population of more then 5 percegt over o one year period or hove o major negative effect on the character of the community or neighborhood? ................................. Yes~ X No 15. Is there public controversy concerning the ' project? ...................................... Yes X No PREPARER'S SIGHATURE REPRESEHTING LULA MAE LATHAM it is assumed DATE February 4. iQR~