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Southold Town Board of Appeals I'HAIN R~AD- STATE ROAD 25 E~r'tUTHr'ILD, L.I., N.Y. 11971 CORRECTED ACTION OF THE ZONING BOARD OF AP] Appeal No. 3040 Application Dated September 27, TO: Joseph D. Burruano, Esq. ' 39 Salem Road Rockville Centre, NY 11570 1982 ...... .~5_L_coum~,~ {E1R) 76~-1809 . CEIVED AND FILED -z'~ SOUTItOLD TOWN C~ DATE;,//~/~'~ HOUR/~ Tow- Clerk, Town of ~,, At a Meeting of the Zoning Board of Appeals held on October 21, 1982 the above appeal was considered, and the action indicated below was tak 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 application was held on October 21, 1982. Upon application of JOSEPH D. BURRUANO, 39 Salem Road, Rockville Centre, NY 11570 for a Variance for approval of access pursuant to New York Town Law, Section 280-a. Location: Ford's Road (Private Road #9), Southold, NY; subject parcel bounded on the north, east and south by Lavinia; southwest by Wittmer; west by Krupski, Comm. of Welfare, and Crane; County Tax Map Parcel No. 1000-87-1-13. The board made the following findings and determination: By this application, appellant seeks approval of access over a private right-of-way located off the east side of South Harbor Road, extending 208 feet to the northwesterly corner of the parcel in ques- tion and 112.49 feet along the northerly edge of this parcel. Appellant's predecessor in title has been granted rights over this right-of-way as indicated in deed dated January 27, 1972, recorded at Liber 7099, cp 118, which right-of-way is referred to as "Lehr Lane," and having an undefined width. The purpose of this "corrected action" is to reflect the appro- priate right-of-way as indicated in the previous paragraph hereof, rather than a different right-of-way over which appellant's predecessor in title has also rights over, as shown on the survey dated January 6, 1967, submitted with this application. This second right-of-way is and has been referred to as "Old Woods Road," "Park Place," and "Pri- vate Road No. 10," having a width of 25 feet, more or less. Appellant has not requested approval of this alternative right-of-way known as "Private Road No. 10" for access to the subject parcel. Upon inspection of the right-of-way known as "Private Road No. 9, the board finds same to have a good base, however, at the time of inspecting same, part of the road was found to be covered with water and to have several potholes. It is the opinion of the board that the entire length of this road to and along the northerly part of the subject parcel should be surfaced with two inches of stone blend for sufficient access and that the hollows should be filled and brought up to the existing grade. (CONTINUED ON PAGE TWO) DATED: November 4, Form ZB4 (rev. 12/81) 1982. CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 - Appeal No. 3040 Matter of Joseph D. Burruano Decision Rendered October 21, 1982 In considering this appeal, the board determines the variance request will not cause detriment to adjoining properties; that the circumstances herein are unique; that the difficulty cannot be obviated by a method, feasible to appellants, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance as indicated below. On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that Appeal for approval of access, be ING CONDITIONS: No. 3040, application of JOSEPH D. BURRUANO and hereby IS APPROVED SUBJECT TO THE FOLLOW- 1. That this access road must have maintained a width of not less than 15 feet and be cleared of all trees, brush and other obstructions to a minimum width of 15 feet; 2. This access road shall be improved as follows: (a) Ail potholes shall be patched and brought up to the exist- ing grade, and .(b) The road shall be surfaced with a minimum depth of two inches [2"] of packed 3/4-inch stone blend so as to afford suitable access for emergency and other vehicles. Such stone blend may be either applied to the ground surface and shaped, or the surface may be excavated to permit the application of packed blend to a depth of two inches. 3. That this access road must be maintained at all times in good satisfactory condition as stipulated above. 4. That this access road shall be inspected and approved as to meeting the above requirements (by the Board of Appeals and/or its road inspector). 5. That no certificate of occupancy shall be issued for the construction of any buildings or structures, or any existing buildings or structures, on the premises to which this access is referred until all of the conditions set forth herein have been complied with. Vote'of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. Z P_P R OVED ' Chairman l~oard of A~peal,q Southold Town Board of Appeals MAIN ROAD- STAT[' ROAD 25 SOUTHOLD, L.I., N.Y. 11g'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3040 Application Dated September 27, 1982 TO: Joseph D. Burruano, Esq. 39 Salem Road Rockville Centre, NY 11570 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on October 21, 1982 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 application was held on October 21, 1982. Upon application of JOSEPH D. BURRUANO, 39 Salem Road, Rockville Centre, NY 11570 for a Variance for approval of access pursuant to New York Town Law, Section 280-a. Location: Ford's Road (Private Road #9), Southold, NY; subject parcel bounded on the north, east and south by Lavinia; southwest by Wittmer; west by Krupski, Comm. of Welfare, and Crane; County Tax Map Parcel No. 1000-87-1-13. The board made the following findings and determination: By this application, appellant seeks approval of access over a private right-of-way having a legal width of 25' which extends approxi- mately 470' off the east side of South Harbor Road and extends an additional 200' to the parcel in question. Upon inspection of the right-of-way, the board finds the right-of-way to be satisfactorily wide; however, at the beginning of the right-of-way there are hollows in the base of the road. It is the opinion of this board that the hollows should be patched and brought up to the existing grade, and that the entire length of the right-of-way should be surfaced with two inches of stone blend for access to this parcel. In considering this appeal, the board determines the variance request will not cause detriment to adjoining properties; that the circumstances herein are unique; that the difficulty cannot be obviated by a method, feasible to appellants, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance as indicated below. On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, for approval of ING CONDITIONS: that Appeal No. 3040, application of JOSEPH D. BURRUANO access, be and hereby IS APPROVED SUBJECT TO THE FOLLOW- (CONTINUED ON PAGE TWO) DATED: Form ZB4 October 29, 1982. (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3040 Matter of Joseph D. Burruano Decision Rendered October 21, 1982 1. That this access road must have maintained a width of not less than 15 feet and be cleared of all trees, brush and other obstruc- tions to a minimum width of 15 feet; 2. This access road shall be improved as follows: (a) Ail potholes shall be patched and brought up to the existing grade, and (b) The road shall be surfaced with a minimum depth of two inches (2") of packed 3/4-inch stone blend so as to afford access for emergency vehicles. Such stone blend may be either applied to the ground surface and shaped, or the surface may be excavated to permit the appli- cation of packed blend to a depth of two inches. 3. That this access road must be maintained at all times in good satisfactory condition as stipulated above for access by all vehicles. 4. That this access road shall be inspected and approved as to meeting the above requirements (Board of Appeals or road inspector). 5. That no certificate of occupancy shall be issued for the con- struction of any buildings or structures, or any existing buildings or structures, on the premises to which this access is referred until all of the conditions set forth herein have been complied with. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. RECEIVED AND FILED BY TEE SOUTHOLD TOWN cr. FaK DA~_~. HOU~ ~,'-~i~'~ Town Clerk, Town of Southold APPROVED Chairman Board o! Appea%$ SouthoId Town Board of Appeals ~ TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI NOTICE IS 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 following public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, October 21, 1982 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application for MARTIN AND ALMA SUTER by Garrett A. Strang, Box 1412, Southold, NY for a Variance for approval of access pursuant to New York Town Law, Section 280-a. Location: Right-of-way off the south side of New Suffolk Avenue, Mattituck; bounded north, east and west by H. Alvin Smith & Co. and south by the Bay; County Tax Map Parcel No. 1000-115-17-18. 7:35 p.m. Application for ALEXANDER GASTON by Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory storage shed in the sideyard area. Location: ~nor Subdivision of Sturges, Map No. 144, Subd. Lots 1 and 2; Private Road, Fishers Island, NY; County Tax Map Parcel No. 1000-10-6-13.1 and 14.1. 7:40 p.m. Application of RALPH L. AND JANE M. ARMBRUST, 840 Manor Hill Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30 for permission to construct additional stable(s) and to add additional horses on this four-acre parcel. Location: 840 Manor Hill Lane, Cutchogue; bounded northwest by Schwarz; west by Cross Right-of-way; south by Sheehan; northeast by Cross; more particularly known as County Tax Map Parcel No. 1000-108-3-13.11. 7:45 p.m. Application for MICHAEL AND ANNETTE COLLINS by William J. Jacobs, Builder, Depot Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Bulk Schedule, Article III, Section 100-31 for permission to construct deck addition to dwelling reducing the rearyard setback. Location: 515 Orchard Street, New Suffolk, NY; bounded north by Urbanowski; west by Cusumano; south by Orchard Street; east by Tuthill; County Tax Map Parcel No. 1000-117-5-33. 7:50 p.m. Application of JOSEPH D. BURRUANO, 39 Salem Road, Rockville Centre, NY 11570 for a Variance for approval of access pursuant to New York Town Law, Section 280-a. Location: Ford's Road (Private Road No. 9), Southold, NY; subject parcel bounded on the north East and south by Lavinia; southwest by Wittmer; west by · Leaal Notice - P~e 2 Southold Town Board of Appeals Public Hearings for October 21, 1982 Krupski, Comm. of Welfare, and Crane; County Tax Map Parcel No. 1000-87-1-13. 7:55 p.m. Application for ANDREW PAFITIS by Inland Homes, Inc. as agent, 315 Westphalia Road, Mattituck, NY for a Variance to the Zoning Ordinance, Bulk Schedule, Article III, Section 100-31 for permission to construct one-family dwelling with an insufficient rearyard setback at 1800 Gillette Drive East, East Marion, NY; bounded north by Manor Grove Corp.; west by J & M Reuter; south by Ruggiero; east by Gillette Drive East; County Tax Map Parcel No. 1000-38-3-22. . 8:00 p.m. Application for GUS KYRKOSTAS by William B. Smith as agent, Mechanic Street, Southold, NY for a Variance for approval of access pursuant to New York Town Law, SeCtion 280-a. Location Right-of-Way off the north side of Main Road, Orient, NY; subject parcel being bounded on the north by the Bay; west by Wilsberg; south by Reese; east by Demarest; County Tax Map Parcel No. 1000- 13-2-4. 8:05 p.m. Application for NICHOLAS W. IPPOLITO by Gary Flanner Olsen, Esq., Main Road, Matti~uck, NY for a Variance to the Zoning Ordinance, Bulk Schedule, Article III, Section 100-31 for permission to construct addition with reduced rearyard setback at 235 Carol Road, Southold, NY; bounded north by Stachtiaris; west by VIP Inns; south by Hass; east by Arshamomaque Pond; County Tax Map Parcel No. 1000-52-2-7. 8:10 p.m. Application of BRIGITTE GIBBONS, 3475 Ole Jule Lane, Mattituck, NY for a Variance to the Zoning Ordinance, Bulk Schedule, Article III, Section 100-31 for permission to construct addition to dwelling with an insufficient sideyard area at 3475 Ole Jule Lane, Mattituck, NY; Ole Jule Lane; 122-5-20. bounded north by Schiller; west by Battersby; south east by Wilsberg; County Tax Map Parcel No. 1000- 8:15 p.m. Application for NORTH FORK BANK & TRUST COMPANY by Wickham, Wickham & Bressler, P.C., Main Road, Mattituck, NY for a Legal Notice Page 3 Southold Town Board of Appeals Public Hearings for October 21, 1982 Variance to the Zoning Ordinance, Bulk Schedule, Article VII, Sec- tion 100-71 for permission to construct drive-in banking facility with canopy extending into the frontyard area at the Mattituck Shopping Center, North Side of Route 25, Mattituck, NY; bounded north by Bethany Cemetery Assoc.; west by Factory Avenue; south by Ardprop Inc. and Main Road; east by New Bethany Cemetery; County Tax Map Parcel No. 1000-142-1-26. 8:25 p.m. Application for MR. AND MRS. DONALD SHAW by ~ . Environment East Inc., 3075 Indian Neck Lane, Peconic, NY for a Variance for approval of access, New York Town Law, Section 280-a. Location: Rights-of-Way located off the east side of Jackson's Landing Road (referred to as Miller's, Young's and Wick's Rights-of-Way), Mattituck, NY; subject parcel known as 1080 Private Road #15 [Wick's Road]; bounded on the north by Manos; east by Manos, R-O-W, and Roundtree; south by Howard's Branch of Mattituck Creek; east by Schipani, Davis and McCarthy; and Rohren; County Tax Map Parcel No. 1000-113-6-15. Any persons desiring to be heard on any of the above applica- tions should appear at the time and place indicated. Dated: October 9, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski, Secretary X FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ ........ /?.,,,.-./.c .............. r. .....~ · .&~) .............. :~.. 5.~.~,., 19 ~ ~ PLEASE TAKE NOTICE that your application dated ..... for pemit t~t ~Fc~ r~e~ at Location of Property ~ ~d'~- ~c/x ~od ~Y ' County Tax Map No. 1000 Section ........ ~..7.. Block ......... [. ....Lot ... ( ? ........ Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds:...~..~... ~.c..c f.~.T,.. ~ ......... ........................ . ...................................... ..... .............................................. ~~.~/~ Z~, ~ Build~glnspector · , cE vm TOW m, souT.o... SFtg ~A~PFJJ~ FROM DECISION OF BUILDING INSPECTOR Town Clerk South'old APPEAL NO.~~ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appellant Street and Number .....~..o..a...~..v...i..]:..1..e....?..e...~..t.~..e..~. ................................................. N..;~.'.....]:.];...5. Z...O......HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON .................................... D T September 16, 1982 APPLICATION FOR PERMIT NO. A ED ..................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO JOSEPH D. BURRUAN0 Name of Applicant for permit of 39 Salem Road, Roakville Centre, New York 11570 Street and Number Municipality State ( ) PERMIT TO USE ) PERMIT FOR OCCUPANCY ( ~Road access approval 1. LOCATION OF THE PROPERTY .~.~...i.~.~e....R..~.a.~.d.....~..9..~..F..~..~.d..s....~..~.~..a`...d.?.~.~.~.~.~.~Z~Z~.~.. Street Use District on Zoning Map ..S...e.p...t. $..o.~....8. ?.,.....B..Z..o...q.k.....Z....~...d... ~..q.t.....Z...3. ....... Map No. Lot No. 1982 11971 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.) 280(a) 3 TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map (XX)X A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (~J~L~ (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 a variance and was made in Appeal No ................................. Dated ...................................................................... ) ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ,srequested forthe reasonthat I am in contract to purchase this parcel of land from Mr. Barry DeMaria, the record owner. I plan to construct one-family dwelling on the property within the next two (2) years and I want to make sure that the access roads are approved. ~'orm ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because I have examined the access roads leading to the property and I have found them to be composed of hard packed sand. They are certainly wide enough for any vehicle and they are used by the adjoining property owners. I do not believe that it is practical for me to resurface the road. 2. The hardshipcreated is UNIQUEond isnotshared by all properties alike in the immediate vicinity ofthisproperty and inthisuse district because there are several home owners in the area who use the private roads in question. In fact, the parcel that I am purchasing appears to be the last parcel of vacant land in the area. The existing homeowners have experienced no problem with the roads and I think it would be unfair if I had to repave the roads in order to construct a home. 3 Tine Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE CHARACTER OF THE DISTRICT because the roads provide safe access for any emergency vehicle. THE STATE OF NEW YORK ) ) COUNTY OF NASSAU ) Sworn t:~ this ................ ~.~5.1fi. .................... day of...Se.pfc.2r~.elT.~ ............................ 19 J0~ D~UR~UAN~ignature 82 JUDITH A. LAMO /~OT~y PUBLIC, State 0.9 0.5' t APPEALS BOARD MEMRFRS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR SERGE DOYEN, JR ROBERT J, DOUGLASS JOSEPH H, SAWICKI Southolcl Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. TELEPHONE /516) 765-1809 November 1, 1982 Joseph D. Burruano, Esq. 39 Salem Road Rockville Centre, NY 11570 Re: Appeal No. 3040 - Approval of Access 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 be applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to Building Department GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary ~?~" TOYFN 'OF SOUTHOLD, ~ YORK · ~ ACTION OF THI~ ZONING BOARD OF APPEALS DATE Appeal No. ~ Dated F~'I~' ~, ~.~ ACTION OF TPIE ZONING ~ OF ~P~ OF THE TO~N OF SOU~O~ Appellant at a mectivg of the Zoning Board of Appeals on 'J'Jltl~llC~l, ~Jl~3J.I, 3.6f 1064, v;as considered and the action indicated bel~v was taken on your ,X) Request for variance due to lack of accoss to prope.rty ( ) Request for a special .exception under the Zoning Ordinance ( ) Request for a variance to thee Zoning Ordinance ~he appeal 1. SPECIAL EXCEPTION. By resolution of the Beard it was determiped that a special exception ( ) be granted ( ) be ,d~elxied p~rs%ant to Article ............................. Section ......................... Subsection .................... paragraph .................... of the Zoning Ordinance, and the decision, of the Building Inspector ( ) be reversed ( ) be COnfirmed because St00 P.N. (B.S.T.), upat app].:Lca~'Lon of ann mdlarla, S WeldGu Road, C,cnmick, ~ YOrk, J~oz' a'mcog~Lt.t~ of mcces~ An mceordmnce 2. VARIANCE. By resolution of the Board it was detsrrained that (a) StriCt application of the Ordinanco (would) (would not) preduee practical difficulties or unnec- essary hardship because to) Tk~e ~ard~ip created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and iii the sam~ use district because (c) Th~ variance (does) (does not) observe the spirit of thc Ordinance and (would) change the ,ch:sracter of the district because (would not) and therefore, it was furth,er determined taxat the requested varia~]ce ( ) be granted ( ) be denied and that the prewious decisions of the Building In~pectcr ( ) be confirmed ( ) be reversed. FORM ZB4 Z(YNING BOARD OF APPEALS The Board finds that wtr%~-~l~ ~l~p1%cat. to~ of the Ordinance ~LLt produce practical d~££lcult~eo or unn~ hardsh~p~ tim hardship the ~modAate vJ~Auity of thJ~ property and In tho oamo uae dAatr~c~ and th~ variance doe~ obeezve tho 8plrA~ o£ the O~dlnance and vAXX Commick, ~ York, be granted pormlsslon for use of access to pro- 8outh Harlot Road, Southold~ Se~ Yoz~, bounded north bF ~. Crane, mt 1~ E.IL ]Ford, 8o~th I~ L. ~ord~ west J~ Fazk DA~tr~, subject 1. X~q~maeut ~n the accea~' as suggested ~n ~he letter the FAXe Chief. 2. Approval o£ ~r. nouard Ter~, Bu~ld~j Znspector. $outhold Town Board of Appeals ~..,;,,~, ..~ MAIN ROAD STATE ROAD 25 SaUTHa APPEALS MEMBERS GERARD P. BOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR, SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI January 6, 1983 Joseph D. Burruano, Esq. 39 Salem Road Rockville Centre, NY 11570 Re: Appeal No. 3040 Dear Mr. Burruano: with reference to our December 28, 1982 letter concerning the private right-of-way known as "Lehr Lane," please consider this letter a correction of the subparagraphs in that letter indicating that the right-of-way shall be improved (in accord- ance with the October 21, 1982 decision) and as follows: (1) Improved a minimum length over the first 208 feet to the subject parcel, and (2) An additional length of either: (a) the first 15 feet along the parcel in question if this is the intended point of physical access for vehicles int-~ the premises to the structure, or (b) along the parcel in question up to the driveway which may be a further distance than (a) above, in order to permit physical access to the [proposed] structure. (3) Improved with a minimum width of 15 feet. If you have any questions, please do not hesitate to call. lk Yours very truly, GERARD P. GOEHRINGER CHAIRMAN APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR, ROBERT J, DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 E;OUTHE3LD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 December 28, 1982 Joseph D. Burruano, Esq. 39 Salem Road Rockville Centre, NY 11570 Re: Appeal No. 3040 Dear Mr. Burruano: In response to your recent correspondence, this letter will confirm that the access road in question, to wit, "Lehr Lane," which is also referred to as part of Private Road No. 9 as shown on the enclosed copy of the Town's "Index of Private and Public Roads" shall be improved in accordance with the decision rendered October 21, 1982 and filed November 10, 1982 with the Town Clerk, and as follows: (1) Improved a minimum length over the first 208 feet to the subject parcel, and (2) An additional length of either: (a) the first 15 feet along the parcel in question, or (b) along the parcel in question up to the driveway which may be a further distance than (a), above, in order to permit physical access to proposed structure. (3) Improved a minimum width of 15 feet. We hope that this letter will be sufficient for your file. Yours very truly, lk Enclosure GERARD P. CHAIRMAN GOEHRINGER LAW OFFICES ERNEST J. BELFI 55 FRONT STREET ROCKVILLE CENTRE, NEW YORK 11570 516 764-1070 ERNEST J, BELFI JOSEPH D BURRUANO PHILIP L. TOMICH Southold Town Board of Appeals, Main Road, State Road 25 Southold, L.I., New York 11971 Att: OF COUNSEL: JOSEP~ F. MIN.,UTOLO December 15, 1982 rOWJ ' Linda F. Kowalski Re: Appeal No. 3040 Dear Ms. Kowalski: Pursuant to our conversation of this date I would re- quest a confirmation in writting from the Board with respect to the exact length, width and name of the access road that they refer to in Page 2, Paragraph No. 2 for improvement. Your prompt attention is appreciated.ff I/ tT 9ou , JDB:cap ;~.~B-~RRuANo APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN, JR· ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 December 13, 1982 Joseph D. Burruano, Esq. Ernest J. Belfi, Esqs. 55 Front Street Rockville Centre, NY 11570 Re: Appeal No. 3040 - Approval of Access Dear Mr. Burruano: Please be advised that at a Special Meeting held'last Friday, December 10, 1982, it was the consensus of all the members present that the October 21, 1982 decision concerning the conditional approval of access over "Lehr Lane" not be amended, modified, changed or altered, and therefore your request received Novem- ber 18, 1982 is hereby denied. Also, we are enclosing a copy of the town road inspector's report for your file. Yours very truly, GERARD p. GOEHRINGER lk CHAIRMAN Enclosure MtOM: Gerard P. Goehringer, Chairman Seuthold Tom Board of Appeals Joh~ W. Davis Board of Agpea'Is No. 259 ~ATE: December 1, 1982 RE: APPEAL NO. 3040 - JOSEPH D. NJRRANO PRIVATE R.O.W. "Lehr Lane" ~he existing roadway in the private R.O.W. known as '7~ehr Lane" is 12 ft.+_ for the 209 ft. length. I have no information on the R.O.W. width. the material is a combination of small stone~ gravel, cinders and eiled surface in different areas fc~ depths of from 3" to h". Ibis section of the road is not in very good condition. ~here are several ~arge pet holes and a few minor depressions. However, so~ of the material in place does' have stability. I would recommend filling the potholes with bituminous cold pat~. Place a r~w surface ~urse of compacte~ st.~ bler~ at a depth of 3" f~ 12 ft. in width and a length of 220 ft. there does not appear to be any drainage problem along the above length of re adway. 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 ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 November 22, 1982 Mr. John W. Davis Sterling Road Cutchogue, NY 11935 Re: Appeal No. 3040 - Joseph D. Burruano Dear Mr. Davis: The board asks whether you would inspect the private right-of-way known as "Lehr Lane" which is located off the east side of South Harbor Lane, and running along the north- erly side of the Krupski residence approximately 209 feet to the parcel in question (presently owned by Barry DeMaria). Enclosed are copies of the County Tax Map and survey of the property, with the right-of-way outlined in red. If you have any questions, please call or stop by. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary Enclosures ERNEST J. BELFI JOSEPH D. BURRUANO PHILIP L. TOM1CH LAW OFFICES ERNEST J. BELFI 55 FRONT STREET ROCKVILLE CENTRE, NEW YORK 11570 516 764-1070 November 16, 1982 Southold Town Board of Appeals Main Road-State Road~25 Southold, L.I., N.Y. 11975 Att: Gerard P. Goehringer RE: Appeal No. 3040-Approval of Access Dear Mr. Goehringer: This letter will confirm our understanding that the above matter will be reconsidered by the board on Thursday, November 18, 1982. Since I will not be able to attend the meeting I am sending you this letter to make my position in this matter clear. I will not agree to any improvement of the access roads. I have carefully inspected the area and have found the private roads leading to the pro- perty to be suitable both in width and condition. Any type of emergency vehicle would be able to safely travel on the roads. The roads are currently being used by at least five families as their major access roads. They have not encountered any problems nor has the Town expressed any concern about the ability of emergency vehicles to presently use these roads. I would like you to note the fact that last year Mrs. Lavinia sold one of her homes which is directly across from the plot I have contracted to purchase. Mrs. Lavinia's purchasers have a right of way over and use the identical private roads that you are asking me to improve and maintain. The only difference is that they use the roads for a greater distance. Obviously 280-a does not apply to them since the building permi~ and certificate of occupancy predated the statute. However, fundamental fairness dictates that your-~p~i~- cation of 280-a under these circumstances leads to an unconcionable result. If the roads presently being used by these families are so unsafe as to necessitate my having to improve them prior to building, the Town should act immediately to make these roads safe for ingress and egress; why wait until I decide to build if the condition is so compelling? If the roads cannot be approved as access roads for me in their present condition, how can they serve present homeowners who use the identical roads? I would ask that you act on this matter as quickly as possible and advise me as to your decision and under- lying reasons as quickly as possible. Additionally, kindly state in your letter that the decision is final and not subject to review or appeal within the Town[ I have also enclosed herein some cases that I have researched in connection with this matter. I apologize for the handwritten work product but I have been ex- tremely busy and I felt substance was more important then form in quickly getting them before you. I had planned on personally bringing them to your attention on the 18th. Thank you for your consideration herein. JDB:cap Enc. Very t~uly/~ours, :~ D. BURRUAN0 (b~-C:;,- C.:niv.?.n/?~',erabers copies LAW OFFICES ( -,-.: '~ ,: ~-~, Dol:t. ERNEST, J. BELFI ~;' ....... ~'~ ~"> 5~ FRONT STREET '-" ; "~ ~ ~:,~ , ROCKVILLE ~ENTRE. NEW YORK 11570 - ' ~* ~ V ' ~ ~ .:~3~ 516 764-1070 - "'m d) JOS~PHD. BURRUANO ' , ~ ~ ........ ts Roply Requeste~ November 4, 1982 Ta¥ n ol Smhold OF COUNSEL: JOSEPH F. MINUTOLO Southold Town Board of Appeals Main Road-State Road 25 Southold, New York 11971 Att: Ms. Linda F. Kowalski Re: Appeal # 3040-Approval of Access Dear Ms. Kowalski: I am in receipt of the decision of the Board of Appeals regarding the above appeal. There are several things that I should like to bring to the Board's attention: 1. There is an existing right of way over the private road known as Lehr Lane from the point of intersection with South Harbor Road to Memorial Park Lane. The length of this road from South Harbor Road to the beginning point of the parcel in question is 208 feet. I have enclosed a copy of that right of way herein. 2. I believe the action of the Board in mandating that all potholes on the access road be patched and brought up to existing grade and that the access road be surfaced with a minimum depth of two inches of 3/4 inch stone blend, prior to approval of the plot being used for building is arbitrary and capricious. I point out that the improvements that you call for even for the 208 foot stretch of Lehr Lane will run in excess of $2,000.00. 3. Section 280A of the Town Law grants to the Town Board the power to act in respect to the public health, safety and general welfare for the special circumstances of the particular street or highway. I would point out that at least 5 present homeowners use Lehr Lane as an access road to their property including the present Park Commissioner for the Town. Apparently, the condition of the present road is sufficient to insure the safe access of emergency vehicles. To require me to improve this road to the benefit of others is to say the least unfair and smacks of local favoritism. This is exactly the Appeal %3040 con'd Page -2- type of arbitrary decision that the Supreme Court, Special Term, Suffolk County decried in Fink' V. Jagger, 211 NYS 2d 51 "it would be a most unreasonable requirement that the owner of a single lot at the end of a disused public road must at his expense, and thus to the special benefit of other abutting owners, fully improve the length of the road." Please advise me at the earliest possible date as to your final decision in this matter. Very ~ul ~..yo~ J~P~ D. BURRUANO JDB:djg Enc. APPEALS MEMRERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR SERGE DOYEN, JR ROBERT .I. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. TELEPHONE (5t6) 765-1809 November 10, 1982 Joseph D. Burruano, Esq. 39 Salem Road Rockville Centre, NY 11570 Re: Appeal No. 3040 - Approval of Access Dear Mr. Burruano: Attached as discussed is a copy of the "corrected" action form which has been filed this date with the Office of the Town Clerk concerning your recent application for a variance. Please note that the resolution wording remains the same and that only the findings have been corrected to reflect the correct right-of-way. If you have any questions, please do not hesitate to call. Yours very truly, Enclosure Copy of Decision to Building Department GERARD P. GOEHRINGER inda F. Kowalski Secretary JUDITH T. TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 27, 1982 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, Town Clerk Transmitted herewith is Zoning Appeal no. 3040 application of Joseph D. Burruano 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; and Notice of Disapproval from the Building Department. - JTT/bn Enclosures Copies of Legal Notice for 10/21/82 to the following on or about 10/13/82: Mr. and Mrs. Martin Suter Mr. Garrett A. Strang as agent Rudolph H. Bruer, Esq. for Alexander Gaston Mr. and Mrs. Ralph L. Armbrust Mr. William J. Jacobs, Builder for Michael and Annette Collins Joseph D. Burrano, Esq. Mr. Robert Hiltz, Pres., Inland Homes, Inc., for Andrew Pafitis Mr. William B. Smith as agent for Gus Kyrkostas Gary Flanner Olsen, Esq. as attorney for N. Ippolito Mrs. Brigitte Gibbons ~ Wickham, Wickham & Bressler for NFBTC Mr. Garrett A. Strang for NFBTC Mr. Peter Stoutenburgh as contractor for Mr. and Mrs. Donald Shaw Mr. and Mrs. Charles Ward Suffolk Times, Inc. L.I. Traveler-Watchman, Inc. Town Clerk Bulletin Board Supervisor and Town Board members ZBA Members Individual ZBA files ERNEST J, BELFI JOSEPH D, BURRUANO PHILIP L TOMICH LAW OFFICES ERNEST J. BELFI 55 FRONT STREET ROCKVILLE CENTRE. NEW YORK 11570 516 764-1070 September 30, 1982 OF COUNSEL: JOSEPH F, MINUTOLO Office of the Towh Clerk Town Hall Main Rd. Southold, NY 11971 Attn: Ms. Linda Kowalski Re: Application of Joseph D. Burruano Premises: Private Road 99, Fords Road Section 87, Block 1 and Lot 13 Road Access Approval Dear Ms. Kowalski: Enclosed please find four (4} copies of the survey regarding the above matter. Please advise as to the hearing date. Thank you. Very~ruly yours, JOSEPH D. BURRUANO JDB/jal Encls. ERNEST J. BELFI JOSEPH D. BURRUANO PHILIP L. TOMICH LAW OFFICES ERNEST j. BELFI 55 FRONT STREET ROCKVILLE CENTRE, NEW YORK 11570 516 764-1070 ppeals OF C~OUNSEL: Town of $outhold°'E''' MINUTOLO September 24, 1982 Office of the Town Clerk Town Hall Main Road Southold, New York 11971 Att: Ms. Linde Kowalski Re: Application of Joseph D. Burruano Prem: Private Road #9, Fords Road Section 87, Block 1 and Lot Road access approval Dear Ms. Kowalski: Please allow this letter to confirm our conversation of this date regarding the survey on the above described property. As I explained to you, ~ have ordered an existin~ sumvav from Title Guaranty Company, Inc. I anticipate receipt w~th~n next two (2) weeks at which t~m~ T w~]] ~mm~]y ~n ~n yn,,. I would greatly appreciate your calendaring this matter for the October 21, 1982 hearing date. Thank you for your consideration. J~PH D. BURRUANO JDB:djg Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHDLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRiNGER, CHAIRMAN CHARLES GRIGONIS. JR. S. E. O. R.A. September 30, SERGE DOYEN, JR ROBERT J. DOUGLASS NEGATIVE DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance 1982 APPEAL NO.: 3040 PROJECT NAME: Variance Application of Joseph D. Burruano This notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also, please take notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: private right-of-way. Request for approval of access over a LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Private Road No. 9 (Ford's Road), Southold, NY; County Tax Map Parcel No. 1000-87-1-13. REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as planned. (2) This request is not directly related to new construction but rather for approval of access over a private right-of-way located off the east side of South Harbor Road, Southold, NY, known as "Ford's Road." FOR FURTHER INFORMATION, PLEASE CONTACT: Mrs. Linda F. Kowalski, Secretary, Southold Town Board of Appeals, Main Road, Southold, New York 11971. Telephone: (516) 765-1809. Copies of this notice sent to the applicant(s) or agent(s) and other involved agencies [if any] and posted on the Town Clerk Bulletin Board. LEGAL NOTICE NOT~CE IS 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 following public hearings will be held by the Sontbaid Town Board of Appeals at fhe To.~,~ Hail, Main ROad~ Southern, NY on Tharsday, October ~1, Legal Notices 1S8~ commencing at 7:~0 p.m.. and as follows: ?:30 p.m. Application for MARTIN AND ALMA SUTER by Garrett A. Strang, Box 1412, Southnld, NY for a Variance for a,)proval of access pursuant t~ New York Town Law, Sec}inn ~f0f~ Location: Right-of-way m r south side of New Suffolk . Avenue, Mattituck; bounded north, east and west by H. Alvin Smith &Cm and south bY the Bay; _ _~__._T.a~x Map Parcel No. ?:35 p.m. Application for ALEXANDER GASTON by Rndoll~ H. Bruer, Esq.,.Main BOad, Southold, NY lor a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to con- struct accessory storage shed in the sideyard area. Loca- tion: Minor Subdivision of Sturges, Map No. 144, Subd. Lots I and 2; Private Road, Fishers Island, NY; County Tax Map Parcel No. 1000-10-6- 13.1 and 14.1. 7:40 p.m. Application of RALPH L. AND JANE M. ARMBRUST, 840 Manor Hill Lane, Cutchngue, NY for a Variance to the Zoning Ordinance, Article l.IL.Section 100-30 for ~ermxssion construct additional stable(s) and to add additional horses on this four-acre parcel. Location: 840 Manor Hill COUNTY OF SUFFOLK, STA-x-il O~' ~"'" Lane, Cutchogue; bounded northwest by Schwarz; west by Cross Right-of-way; south by Sheehan; northeast by Cross; more particularly known as County Tax Map parcel No. 1000-108-$43.11. , 7:45 p.m. Application for MICHAEL AND ANNETTE ~OLLINS by Willliam J. ~Iacobs, Builder, Depot Lane, u hnguc, Iora vaa i to the Zoning Ordinance, ~chedule, Article III, Sectmn it00-31 for permission to construct deck addition to dwelling reducing the rearyard setback. Location: 515 Orchard Street, New Suffolk, NY; bounded north by Urbanowski; west by O~_somano; south by Or~char. d . Street; east by Tuthill; ~oumy Tax Map Parcel No. 1000-117- ~. Application /"JOSEPH D. BUHRUANO, 39 { Salem Road, Reckville ~ Centre, NY 11570 for a ~ Variance for approval of ] access _pursuant to New York / Town Law, Section 280-a. ~. Location: Ford's Road ~ (private Road No. 9), ~ Sunthold, NY; subject parcel ~ bounded o_n the north, east and ! south by Lavinia; southwest I by Wittmer; west by Krupski, [ Comm. of Welfare, and Pa '" ' r ANDREW pAFtTiS ey Inland Homes, Inc. as agent, 315 Westphalia Road, Mattituck, NY for a Variance to the Zoning Ordinance, Bulk Schedule, Article III, Section 100-31 for permission to construct one-family dwelling with an insufficient rearyard setback at 1800 Gillette Drive East, East Marion, NY; bounded north by Manor Grove Corp~; W~st by J & M Renter; south by Ruggtero; east by Gillette Drive East; County Tax Map Parcel No. 1000-a8-3-o'~. 0:00 p.m. Application for GUS KYR~OSTAS b)~_W'.dlia .m B. Smith a~ agent, Mecnamc Street, Southold, NY for a Variance for approval of access pursuant to New York Town Law, Section ~80-a. Location Right-of-Way off the north side of Main Road, Orient, NY; subject parcel being bounded on the north by the Bay; west by Wilsberg; south by Reese; east by Demarest; County Tax Map Parcel No. 1000-13-2-4. ' 8:05 p.m. Application for NICHOLAS W. IPPOLITe by Gary Flanner Olsen, Esq., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Bulk Schedule, Article III, Section 100-31 for permission to construct addition with reduced re~ryard setback at 235 Carol Road, Southold, NY; bounded north by Stachtiaris; west by VIP In~s; south by l-laSS_; east by Arshamomaque County Tax Map Parcel No. 1000-52-2-?* . . 3:to p;m. Apphcatmn__o.f- BRiGiTTE GIBBONS, Ole Jule Lane, MattRuck, NY for a Variance to the Zoning Ordinance, Bulk Schedule, Article III, Section 100-$1 for permission to construct addition to dwelling wRh an insufficient sideyard area at M75 Ole Jale Lane, MattRuck, NY; bounded north by Schiller; wast by Batinrsby; south Ote Jule Lane; east by Wilsberg; County Tax Map Parcel No. 1000-122-5-20. 8:15 p.m. Application for NORTH FORK BANK & TRUST COMPANY by Wick- ham, Wickham & Brassler, P.C., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Bulk Schedule, Article VII, Section 100-71 for permission to construct drive-in banking facility with cano_py extending into the frontyara area at the Mattituck Shopping Center, North Side of Route 25, Mattituck, NY; bounded.., north by Bethany Cemetery ~; west by Factory Avenue; south by Ardprop Inc. and Main Road; east by New Bethany Cemetery; County Tax Map parcel No. 1000-142- 1-~6. 8:25 p.m. Application for MR. AND MRS, DONALD SHAW by Environment East Inc., 3075 Indian Neck Lane, Peconic, NY for a Variance for approval of access, Ner) York Town Law, Section ~0-a. Location: Rights-of-WaY located off the east side of J~okson's Landing Road (referred to as Miller , yonng's and Wick's Righ.ts~f~ Way), Mattituck, ~; parcel known as troy t~rtvate i~oad //15 [Wick's Road]; bounded on the north by Manas; east by Manes, R-O- W, and Roundtree; sou.th. Howard's Branch of Mattitoc.~ Creek; east by Schipam, Davis and McCarthy; and Rohron; County Tax Map' Parcel No. 1000-113-0-15. Any per~ons d~siring to be heard on any of the above applicationS., should a..ppe~. _r~ at the time aha place inmcateu. Dated: October 9, 1982. BY ORDER OF Tlt~ SOUTHOLD TOWN BOARD OF APPEAI~ GERARD P. GoEHRINGER CHAIRMAN By Linda F. Kowalsk~; SecretarY 1TO14~,075 .L~,~ NOTICE IS Hi~tEBy GlV: EN, pursuant to Section 267 of the Town Law and the Provi- sions of the Amended Code of the Town of Southold, A Regular Meeting and the following public bearings will be held by the $outhold Town Board of Appeals at the Town Hall, Main Road, Southold, N.Y. on Thursday, October 21, 1982 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application for MARTIN AND ALMA SUTER by. Garreit A. Strang, Box 1412, Southold, N.Y. for a Variince for approval of access o~rsuant to New York Town l w, . Section 280-a. Location~//'~ Rig.hr-of-way off the south side of New Suffolk Avenue, Mat'ii- tuck; bounded north, east and west by H. Alvin Smith & Co. and south by the Bay; County Tax Map Parcel No. 1000.115- !7-18. 7:35 p.m. Application for ALEXANDER GASTON by Rudolph H. Bruer, Esq., Main Road, Southold, N.Y. for a Variance to the Zoning Ordin- ance, Article III, Section 100- 32 for permission to construct accessory storage shed in the sideyard area. Location: Minor Subdivision of Sturges, Map No. 144, Subd. Lots I and 2; Private Road, Fishers Island, N.Y.; County Tax Map Parcel~, No. 1000-10-6-1.t.1 and 14.1. ' 7:40 p.m. Application of RALPH L. AND JANE M. ARMBRUST, 840 Manor Hill Lane, Cutchogue, N.Y. for a Variance to the Zoning Ordin- ance, Article II1, Section 100. 30 for permission to construct additional stable(s) and to add additional horses on this four- acre parcel. Location: 840 Manor Hill Lane, Cutchogue; bounded northwest by Schwarz; west by Cross Right- of-way; south by Sheehan; northeast by Cross; more particularly known as County Tax Map Parcel No. 1000-108. -13.11. 7:45 Application AND ANNETTE William J. Ja- cobs, Depot Lane, [Cutchogue, N.Y. for a Vari- ance to the Zoning Ordinance, t Bulk Schedule, Article IIl,~ Section 100-31 for permission , construct deck addition to dwelling reducing the rear- yard setback. Location: 515 Orchard Street, New Suffolk N.Y.; bounded north by Orchard Street; COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, kas been published in said Long Island Traveler-Watch- / man once each week for ........................................ weeks successively, commencing on the .... /.,( ................. Sworn to before me this ................................ day of ........ .................. , porn. JOSEPH D. BURRUANO, 39 Salem Road, Rockville Centre,' N.Y. 11570 for a Variance approval of access pursuant to New York Town Law, Section 2~0-a. Location: Ford's Road (Private Road No. 9), South- old, N.Y.; subiect parcel bounded on thc north east and south by Lavinia; southwest by Wittmer; west by Krupski, Comm. of Welfare, and Crane; County Tax Map Parcel No. for ;Z~-~AHDREW pAFITIS by Inland BOARD OF APPEALS, TOWN OF SOUTHOLD . In the Matter of the Petition of : JOSEPH IL BURRU/LNO, : NOTICE .... : TO to the Board of Appeals of the Town of Southold : ADJACENT TO: ' 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) (~) (~-~sl~61qhq~t) (the following relief: Vamiance due to lack of access roads ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Private Road #9-Fords Road, Southold, New York 3. That the property which is the subject of such Petition is located in the following zoning district: Section 87, Block 1 and Lot 13 4. That by such Petition, the undersigned will request the following relief: the access roads leading to the property Approval of 5. That the provisions of the 5outhold Town Zoning Code applicable to the relief sought by the under- signed are Article Section 2 8 0 (a) 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 Ma~n Road, Southold, New York and you ma), then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: September 21, 1982 JOSEPH D. BURRUANO Petitioner PostOffice Address ,39 Salem Road Rockville Centret New York 11570 NAME Mr. & Mrs. Ralph Lavina Mr. & Mrs. Charies Wittmer Mr. $ Mrs. Robert E. Crane PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Comm of Welfare (Re: Schultze) Mr. g Mrs. Antone Krupski P35 RECEIPT FOR CERTIFIED MAIL N0 INSURANCE COVERACE PRGVIDEC-- NOT FOR INTERNATIONAL MAIL (See Reverse) SENT TO Mr. S Mrs. Ralph Lavina ~REET AND NO Box 545 ~°o~b~z~' P ~.~. 11971 ~'OSTAGE [~ · 20 ~ ~ k- DFLVER~ ~ ~ ~HOW FO W~O~ AND DATE Se~te~e~ 21~ 1982 SS.: STATE OF NEW YORK ) COUNTY OFSUFFOLK) ADDRESS Box 545, Southold, New York 11971 South Harbor Road, Southold, N.Y. iL South Harbor Road, Southold,N.~ 75 Fourth Avenue, Bay Shore,N.Y. 117~_ Southold, New York - P35 741619o RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIOED-- NOT FOR INTERNATIONAL MAIL (See Reverse) SENT TO Mr. g Mrs. Charles Wittm r STREE~ ~D NO South Harbor Road PO STATE AND Z~P CODE Southhold~ N.Y. 11971 POSTAGE .20 CERTIFIED FEE . 75 ¢ ,~ SPECIAL DEL[VERY TOTAL POSTAGE AND FEES $ 95 P~TMARK~R D~TE September 21, 1982 P35 7416191 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIOED-- NOT FOR INTERNATIONAL MAIL (See Reverse) SENT TO Mr. S Mrs. Robert E. Cran~ STREET AND NO South Harbor Road iSouthold, N.Y. 11971 ~'osl,~E .20 ;l~~ RESTRICTED DELIVERY ~ · SHOW ;OW. OM DATE AND .95 '~(}ST~A~K O~ DAT~ September 21, 1982 SEE ATTACHED SECOND PAGE Donna J. Grounds 563 Emerson Street Uniondai~, N~w Yu:,k 11553 , residing at , being duly sworn, deposes and says that on the 21st day of September, ,19 82 ., 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 assess, ment roll of the Tow. n of Southold; that said Notices were mailed at the.United States Post Of- fice at Inc V:llage of Roe_~v~lle Cen-b~e that sa,d N · ; ' _~ otices--~'~e mailed t ~ch of said persons by (ce~:if~M~ (registered) mail. / [' - DONNA J. GP~U S / Sworn to before me this 21st / day of September ~ - '~otary Public JUDITH A. LAMOND NOTARY PUBLIC, State of New Yesk No. 30-4506947 - Q~a!ified ,ri, Na~au County t.omm,~,en Exmrea MQr~h 30, 19.~' AP,PLICATION OF: · OSEP~D J . BURRUAN0 Access Roade-Private Road #9-Fords Road, Page -2- Southold, P35 7416i98 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PRRVIDEO-- NOT FOR INTERNATIONAL MAIL (See Reverse) SENT TO ~. $ Fins. Antone K~upski STREET AN D NO PO,SfATEANDZIPCOD~ Southold, New York 11971 CERTIFIED FEE · 75 ¢ ~ SPECIAL DELIVERY ~ RESTRICTED DELIVERY ¢ ~'~~ ~ SHOWfOWr~OMAN[}[}ATE ~ ~ ~:DE£,V£RY DEL 'VERED WITH RESTRICT[ ¢ 8 ~ SFIOW fO WHOM D~TE AND POSTMARK oR DATE September 21, 1982 P35 -7416199 RECEIPT FOR CERTIFIED MAIL NO INSL ~ANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse ~NT TO Corem of Welfare(Re: Schult: 75 Fourth Avenue P O STATE AND ZIP CODE Bay Shoz'e, N.Y. 1:[706 CERTIFIED FEE .75 ~ SPECIAL DELIVERY ¢ i i~:~ ~ SHOWT©WHOMANb[3& L ~HOW TD WHOM DATE AND September 21~ 1982 ERNEST J. BELFI JOSEPH D. BURRUANO PHILIP L. TOMICH LAW OFFICES ERNEST J. BELFI 55 FRONT STREET ROCKVILLE CENTRE, NEW YORK 11570 516 764-1070 September 14, 1982 OF COUNSEL: JOSEPH F. MINUTOLO Town of Southold Building Department Att: Post Office Box 728 Southold, New York 11971-0728 Re: Vacant Land (1.2 acres) South Harbor Road, Southold, N.Y. Dist. 1000, Sec. 87, Blk. 01 Lot Mr. George Fisher Dear Mr. Fisher: This letter will confirm our conversation of this date wherein I informed you that I am under contract to purchase the above property from Mr. Barry DeMaria. I anticipate closing on or about November 1, 1982. However, prior to closing, I want to make sure that the property is suitable for the building of a one family dwelling. Accordingly, I would like to make application to the zoning board of appeals for approval of the access roads leading to the property. I would greatly appreciate your processing this application as quickly as possible since time is of the essence. Thank you for your help in this matter. Ve~truly yours, J?PH D. BURRUANO JDB:djg SHORT EII/I,,O~,,,,Er, iAL ASSESS,4ur~I ] NSTRU'CT IONS: . · --" (o) ]~ order to answer the questions in this short EAF it is assumed that the preparer will use. currently ovolloble information concerning project and thc likely impacts of the action. It is not expected additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and o completed Environmental Assessment Form is necessary. (c) If oll questions hove been answered Jqo i~ is likely that %his project is not slgni£icont. .. ' (dj Environmental Assessment 1. %'Jill projec~ result in o large physical change - ~ '' ta the project' site ~r phys~aally altez maze . than lO acres of land? ........................ . Yes. 2. ~'/±ll there'be a major change ta any un~ue or ~ · -unusual lend ~orm ~ound on the s~te? .......... Yes 3. ~'/ill project alter or have o large: effect'on . existing body of water? ....................... Yes $. %'/ill project have a potentially large impact , .. on groundwater quality? ....................... Yes 5. %'/ill project significantly effec.t dro%noge flow on adOocent sites? ..................... ;.- Yes. l/~q 6. %'/ill project affect any lhreatened or . cndangercd plant or animal species? ........... Yes ~o 7. %'/ill project resull in o major adverse eff,e~t on air quality? ........... ~..- ................. ., es 8. l'/ill project hove o major effect on visual choroc±er of the communily or scenic views or vistas known to:be important to the community?. 'Yes ~. %'Jill project o'dversely impact any site or .- structure of historic, prehistoric or paleontological importance or any site designated os o critical environmenlol oreo ~No by o local agency? .... ~ .... ; ........... Yes 10. Will project have a major effect on exlstihg or future recreotiomol opportunitles?. ......... Yes. 11. %'/ill projecl result in.major %ro~fic problems o~ cause o major effec~ to ex-isling . transportation systems9 ....................... Yes,,~o 12. %'Jill projec~ .regularly cause objectionable odozs, noise,' glare, vibration, or electrical. · 1~ of th p j t' ~o disturbance as o resu e re ec s : . ~i ? ' ' ' Yes. opera on ......... .... .... ..... ..........-----. . . 13. Will projecf hove any impact on public health or.sofet~? ...... Yes directl~ causing o growth in permanent populalion of more than 5 perccn~ over a one year period or have a major negb¢ive on the character o[ the community or neighborhood? .............. Yes ~o 15. Is there public project?. ~es'~ PREPARER'S SIGHATURE'/~~ (Tod~y S Date)' To: Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of ~ ~-~ Location of Property: .~l~r~ 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 iQ the within appeal application: (please check one box) [ ] May be located within 300 feet of tidal wetiands; ho~vever, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* [ ] May ~e '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. [ ] [ ] not appear to 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 the premises. Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items'(*) indicate your property does fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, n~ur e please) LAW OFFICES ERNEST j. BELFI 55 FRONT STREET ROCKVILLE CENTRE. NEW YORK 11~70 516 764-1070 ERNEST J. BELFI JOSEPH D. BURRUANO PHILIP L. TOMICH September 21, 1982 Office of the Town Clerk Town Hall Main Rd. Southold, NY 11971 Attn: Secretary to Zoning Board of Appeals OF COUNSEL: JOSEPH F. MINUTOLO oad ot, ppeaid Re: Application of Joseph D. Burruano Premises: Private Rd #9-Fords Rd., Southold, NY Sect. 87, Blk. 1, Lot 13 Application for road access approval Gentlemen: I enclose herein the following papers and documents in connection with my application to the Zoning Board of Appeals for road access approval to the above-captioned premises: 1. Notice of Disapproval from the Building Inspector 2. Application in triplicate 3. Notice to Adjoining Property Owners with Certified Receipts 4. Environmental Assessment form 5. Wetlands Letter 6. Check to your order for $15 filing fee I do not believe that items 6 and 7 on your InStructions sheet are required in this particular matter, however, if either one is necessary, please call my office and same will be provided. Kindly advise me as to the date and time of the public hearing to be held in connection with this application. Thank you for your kind cooperation herein. JDB/jal Encls. ,~gH D. BURRUANO MATCH LINE 2.5 2.6 SEE SEC NO. 2..$A~C/ 4J A ~¢} LD PARK DISTRICT ¸.44 (30 4lA (c) ~L PARK D!STRICT ]0 ~2 A (12)