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TOWN OF SOUTHOLD, NEW YOEK
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 2784 Application Dated January. 21, 1981
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To Mr. RObert T. Ba~ley
Mr. Robert W. Gillispie, III
Appellant
at a meeting of the Zoning Board of Appeals on .April 2,
was considered and the action indicated below was taken on your
(X) Request for variance due to lack of access to property
( ) Request for a special exception under, the Zoning Ordinance
( ) Request for a variance to the Zoning Ordinance
( )
1981
the appeal
granted ( ) be denied pursuant to Article ...~ ................ Section .................... Subsection .................... paragraph
.................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be
confirmed because Public Hearing: Feb. 12, 1981:Application of Robert T.
Bayley, 55 West 16 Street, New York, NY 10011, by Robert W. Gill~s-
pie, III as agent, for a Variance to New York Town Law, Section
280-A for approval of access to property located on a private
right-of-way off South Harbor Road, Southold, NY; bounded north
by Stewart and Blake; west by Paul; south by Bay; east by Ballen-
ger; County Tax Map ID .No. 1000-87-1-21.
(SEE REVERSE SIDE)
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce
hardship because
(SEE REVERSE SIDE)
practical difficulties or unnecessary
(b) The hardship created (is) (~ not) unique and (would) (would not) be shared by all properties
alike in the immediate vicinity of this property and in the same use district because
(SEE REVERSE SIDE)
(c) The variance (does) (does not) observe the spirit of *.he Ordinance and (would)
change the character of the district because
(SEE REVERSE SIDE)
(would not)
and therefore, it was further determined that the requeste~ variance ( . ) be granted ( ) be denied and
that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed,
CG: lk
FORM ZB4
ZONING BOARD OF APPEALS
Upon investigation and personal inspection, the Board finds
and determines as follows:
By this Appeal, Appellant seeks a variance for approval of
access to a parcel of land approximately 4.1 acres in area, which
road access runs approximately 1,159 feet to the property in
question and approximately 20 feet in width commencing from South
Harbor Road and widening up to 30 feet, more or less, in width
to the property in question, as shown on survey dated February 26,
1970 for Ralph E. and Anna Lavinia (property just'to the west of
appellant's property) and deed dated May 11, 1976 to Robert T.
Bayley. The right-of-way in question is apparently utilized by
all the parcels contiguous to the right-of-way from South Harbor
Road. The Board agrees with the reasoning of appellant.
The Board finds that the variance requested is not substantial;
that the hardship is unique and no change in the character of the
neighborhood will be created by the granting of this variance; that
the relief requested is within the spirit of the zoning ordinance
and town law; and that the interests of justice will be served by
granting the relief requested herein.
On motion by Mr. Sawicki, seconded by Mr. Goehringer, it was
RESOLVED, that Robert T.. Bayley be granted a variance for
approval of access, New York Town Law Section 280-A, SUBJECT TO
THE FOLLOWING CONDITIONS:
(a) That the access road shall be improved and unobstructed
for a minimum width of 15 feet;
(b) That the access road shall be improved in EITHER of the
following two methods:
(1) Surfaced with a minimum depth of four inches of
packgd three-quarter-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 application of packed blend to a depth of four inches;
OR
(2) Shall have. topsoil removed to a depth of eight
inches and then filled with eight inches of a good ~rade ~tone and
sand bank run. The surface shall then be covered with a l~yer of
two to four inches of three-quarter-inch stone blend, or in the
alternative, oiled with a minimum of four-tenths of a gallon of
road oil per square yard.
(c) That no building permit shall be issued for this parcel
to which this access is referred until all of the conditions set
forth herein have been complied with.
(d) Where the terrain of the land over which such access road
is traversed is such that drainage problems may occur, the applicant
is required to construct such drainage facilities as may be recom-
mended by the Town Engineer.
(e) That this access road be approved by the Town Engineer as
to meeting the above requirements, and that a copy of said approval
be furnished to the Office of the Board of Appeals.
-sout~h by Bay; east by
RECEIVED AND /LED BY
t ar.
Town Clerk. Town of S~old
Location of Property: Right-of-way off South Harbor Road,
Southold, .NY; bounded north by Stewart and Blake; west by Paul;
Allenger; County Tax Map ID No. 1000-87-1-21.
3: Ayes:
[.
Messrs. Grigonis, Doyen, Douglass,
APPROVED
_
Chairman Board~f Appe~i~
TCWN OF SObTHGKD, NEW YORK
ACTION OF T~.~ ZONLNG BOAPD OF APPEAt~
Date . 12/4/81
AT~al No. 2784
Applicati'on Dated Request for Rehearing dated May 12, 1981
Mr. Robert T. Bayley
Mr. Robert W~ Gillispie, III
(Appellant)
At a meeting of ~ Zoning Board of Appeals on Octob.e_r 15, 1981
was considez~d ar~ t~ action i~icated belo~ was taken on your
( ) Request for Variance Du~ to Lack of Access to Property
New York Towu% Law, Section 280-a
( ) Request for a Special Exception under the Zoning f~z-dinance
A~cicle , Section
Request for a Varian~ to the Zoning Ordinance
Article , Section
(X) Request for Rehearing for approval of access
New York Town Law, Section 280-a
PUBLIC HEARING 10/15/81: Upon ~pplication of Rgbe~t T. Bayley,
55 West 16th Street, New York, NY 10011 (Robert W. Gillispie, III
as agent) for a Rehearing for approval of access, New York Town
Law, Section 280-a. Location of Property: Right-of-Way off the
East Side of South Harbor Road, Southold, NY; bounded north by
Stewart and Freund; west by Paul; south by Bay; east by Ballenger;
County Tax Map Parcel No. 1000-87-1-21.
By letter dated May 12, 1981 to this board, applicant has claimed
practical'difficulties in complying with this board's decision
dated April 30, 1981 and rendered April 2, 1981, wherein this
board granted approval of access subject to several conditions.
Applicant asserts that the right-of,way over which he has requested
this board's approval is not owned by him and that portion over
which he has a right to use for access is less than 15 feet wide.
Conditions (a)'and (b) of this board's decision rendered April 2,
1981 requires applicant to improve the right-of-way for a minimum
width of 15 feet accordingly to certain-road specifications.
By unanimous resolution of this board taken at a special meeting
held May 22, 1981, this board determined that a rehearing be held.
A public hearing was held on October 15, 1981.
After hearing all testimony and reviewing all documentation con-
cerning this application, the,,Board, finds that. applicant. ~ appears
to have a legal right over a right-of-way in common w~th others
for all purposes over "Old Woods Road", commencing at the point
where an extension due west of the southerly line of the roadway
'last above-described intersects the westerly line of said "Old
Woods Road" and running in a northwesterly direction over the
entire width of said "Old Woods Road" to and from South Harbor
Road." The Board also finds that applicant ha~ a right over a
"right-of-way for ingress and egress from the northerly portion
of the subject premises (1000-87-1-21) to South Harbor Road, as
designated in deed recorded at Liber 8039 page 380. Upon review-
ing a February 26, 1970 survey for a parcel along the subject
right-of-way (Ralph Lavinia, and'now or formerly of Pierson),
the Board finds that the right-of-way appears to have a width of
(continued on next page) ~{AL~f~N, F~DLFi'I-I(2K.Z)~ ZONING BO~Of'APPEALS
Form ZB4 (rev. 12/81) ·
'.Page 2 - Action of~e Zoning Board of APpeal~ndered 10/15/81
~ppeal No. 2784 - l~hearing of Application of "l~l:~rt T, Bayloy
approximately 11 feet at its interseCtion with South Harbor Road,
and gradually widening as it extends towards the subject property,
having a width of approximately 30 feet at a point approximately
430 feet from South Harbor Road easterly. It is the feeling of
this board that the road can be improved and should be maintained
for emergency vehicles and others.
The Board finds that the relief requested is not substantial;
that the practical difficulties are unique and no substantial
change in the character of the neighborhood will be created by
the granting of the relief requested; that the relief requested
is within the spirit of the zoning ordinance and town law; that
no adverse effects will be produced on available governmental
facilities of any increased population; and that the interests
of justice will be served by allowing the variance as specified
below.
.was
On motion by Mr. Goehringer, seconded by Mr. Grigonis, it
RESOLVED, that Robert T. Bayley be granted a variance for
approval of access, New yOrk Town Law, Section 280-a, SUBJECT TO
THE FOLLOWING CONDITIONS:
(1) That the access road shall be improved and unobstructed
for a minimum width of ten feet from a .point at the easterly side
of South Harbor Road and extending easterly approximately 450 feet
(where the right-of-way is shown to be 30+- feet wide);
(2) That the access road shall be improved and unobstructed
for a minimum width of 15 feet from a point approximately 450 feet
easterly from its intersection with South Harbor Road and extending.
to the subject premises;
(3) That the entire access road shall be improved in EITHER
of the following two methods:
(a) Surfaced with a minimum depth of four inches of
packed three-quarter-inch stone blend so as to afford 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 four inches; OR
(b) Shall have topsoil remOved to a depth of eight inches
and then filled with eight inches of a good grade stone and sand bank
run. The surface shall then be covered with a layer of two to four
inches of three-quarter-inch stone blend, or in the alternative, oiled
with a minimum of four-tenths of a gallon of road oil per square yard.
(4) That no certificate of occupanc~ Shall be issued for this
parcel to which this 'access is referred until all of the conditions
set forth herein have been complied with.
(5) Where the terrain of the land over which such access road
is traversed is such that drainage problems may occur, the applicant
is required to construct such drainage facilities at any time same
is recommended by the Town Engineer.
(6) That this access road be approved by the Board of Appeals,
Town Inspector or Engineer, or Town Building Inspector as to meeting
all the above requirements, and that a copy of said approval be fur-
nished to the office of this board.
Location of Property: Right-of-way off the east side of South
Harbor Road, Southold; County Tax Map Parcel No. 1000-87-1-21.
Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goehringer,
Sawicki and Grigonis. This resolution was unanimously adopted.
APPROVED
P. ECEIVED AND FILED BY
Tf'L~.. SOUTI-IOLD TOWN CLERK
Town Clerk, To~rn of S/~thold
LEGAL NOTICE
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 'S0uthold Town Board of Appeals at the Southold Town Hall, Main
Road, Southold, NY on Thursday, October 15, 1981 commencing at
7:15 o'clock p.m. as follows:
7:15 p.m. Application of Carl H. King, 350 King Street,
Orient, NY for a Variance to the Zoning Ordinance, Article III,
Section 100-32 for permission to construct accessory building in
the frontyard area at 350 King Street, Orient; bounded north by
Navy Street; west by Shaw and Nolan; south by King Street; east
by Tyrrell; County Tax MaP Parcel Item No. 1000-26-1-27.
7:20 p.m. Application of Pequash Recreation Club, Inc.,
Box 902, West Road, Cutchogue, NY (by Richard F. Lark, Esq.) for
a Variance to the Zoning Ordinance, Article III, Section 100-35
for permission to construct fence along frontyard area exceeding
the maximum height requirements for fences. Location of Property:
205 West Road, Cutchogue; bounded northwest by Morris; southwest
by Cutchogue Harbor; northeast by West Road; southeast by Cutchogue-
New Suffolk Park District;
110-7-12.
7:30 p.m.
County Tax Map Parcel Item No. 1000-
Application of Virginia L. Wickham, 105 Old
Harbor Road, New Suffolk, NY for a Variance for approval of access,
New York Town Law Section 280A. Location of Property: 105 Old
Harbor Road, New Suffolk; bOunded north by Wickham; east by
Cutchogue Harbor; south by Wickham; west by H. Wickham; County
Tax Map Parcel Item No. 1000-117-3-1.
7:40 p.m. Application of Toba Laja Orro, 187 Berry Hill
Road, Syosset, NY 11791, for a Variance to the Zoning Ordinance,
Article III, Section 100-31 for permission to build new house
with insufficient front and rear yard area at 435 Cleaves Point
Road (a/k/a 1945 East Gillette Drive), Eas~ Marion, NY; Marion
Manor Subdivision, Filed Map No. 2038, Lot No. 83; further
!
~egal Notice - Pagl~
~egular Meeting for October 15, 1981
identified as County Tax Map Parcel Item No. 1000-38-4-27.
280A. Location of Property: Right-of-Way off the east side of
South Harbor Road, Southold, NY; bounded north by Stewart and
FreUnd; 'west by Paul; south by the bay; east by Ballenger;
County Tax Map Parcel Item No. 1000-87-1-21.
7:50 p.m. Application of Toba .La~a Orro, 187 Berry Hill
Road, Syosset, NY for a Variance to the Flood Damage Prevention
Law of the Town of Southold, Section 46-18 for permission to
construct basement floor below the minimum base flood elevation
requirements at 435 Cleaves Point Road, East Marion, NY; Marion
Manor Subdivision, Filed Map No. 2038, Lot No. 83; further iden-
tified as County Tax Map Parcel Item No. 1000-38-4-27.
/'~' Rehearing. -~
/ 7:55 p.m. /Application of Robert T. Bayley, 55 West 16th )
/
Street, New York, NY 10011 (Robert W. Gillispie III as agent), /
for a Variance for approval of access, New York Town Law Section
8:10 p.m. Application of~Nina S. Fischer, Indian Neck
Lane, Peconic, NY for a Variance to the Zoning Ordinance, Article
III, Section 100-31 for permission to construct addition to
existing dwelling with an insufficient sideyard setback at
7130 Indian Neck Lane, Peconic; bounded northwest by Cukor;
southwest by Hog Neck Bay; northeast and southeast by Prellwitz.
County Tax Map Parcel Item No. 1000-86-7-8.
8:20 p.m. Application of Lenore Adamson, 55 Ships Drive,
Southold, NY (by Thomas F. Day, Esq.) for a Variance to the
Zoning Ordinance, Article III, Section 100-31 for approval of
insufficient area for division of premises located at North
Bayview Road and Ships Drive, Southold, NY; bounded north by
North Bayview Road; west by Ships Drive; south by Mullen; east
by Reese. County Tax Map Parcel Item No. 1000-79-3-9 & 10.
8:35 p.m. Application of Joseph L. Lizewski, Main Road,
Cutchogue, NY (by William H. Price, Jr., Esq.) for a Variance
to the Zoning Ordinance, Article III, Section 100-30 for permis-
sion to construct professional office building in an A-Residential
Legal Notice - Page3
'Regular Meeting fo~October 15, 1981
Southold Town Board of Appeals
and Agricultural Zone with existing dwelling use at 29325 Main Road
(a/k/a 320 Depot Lane), Cutchogue; bounded northwest by Fogarty;
southwest by Depot Lane; northeast by Dunne; southeast by Main Road.
County Tax Map Parcels No. 1000-102-2-12.1 and 11.
8:50 p.m. Application of Dominick and Rose DeMaio, by
William J. Jacobs as agent, c/o Box 199B, Depot Lane, Cutchogue,
NY for a Variance to the Zoning Ordinance, Article III, Section
100-31 for permission to construct new dwelling with insufficient
front and rear yard areas at Cedar Point Drive West, Southold, NY;
bounded north by Cedar Point West; west by Giordano; south by
West Lake; east by Soverel; County Tax Map Parcel No. 1000-
90-1-4.
9:00 p.m. Application of Nicholas D. Yuelys, 56005 County
Road 48, Greenport, NY for a Variance to the Zoning Ordinance,
Article III, Section 100-32 for permission to construct accessory
building (garage) in the frontyard area at 56005 County Road 48,
Greenport, NY; bounded north by L.I. Sound; West by Chudan; south
by C.R. 48; east by Atway. County Tax Map Parcel Item No. 1000-
44,1-19.
9:15 p.m. Application of Victor L'Eplattenier, Box 361,
Peconic, NY '(by Rudolph H. Bruer, Esq.) for Variances: (1)
for approval of access, New York Town Law Section 280-a and (2)
to the Zoning Ordinance, Article III, Section 100-31 for permis-
sion to build new dwelling with insufficient front and rear yard
setbacks at Lake View Avenue and Dickinson Street, Peconic, NY;
bounded by Dickinson Street; west by Lake View Ave.; south by
Garrido; east by Garrido; further identified as Subdivision
Lots No. 57 and 58, Peconic Shores Subdivision Filed Map 654.
County Tax Map Parcel Item No. 1000-67-3-12.
9:25 p.m. Application of Alan A. Cardinale, Bridge Lane,
Cutchogue, NY for a Variance to the Zoning Ordinance, Article VII,
Sections 100-70 and 100-71, Article VI, Section 100-62, to
construct drive-in roof addition and alteration with an insuffi-
cient frontyard and further reduction of landscaped area, for
Legal Notice - PagO
.Regular Meeting for October 15, 1981
Southold Town Board of Appeals
bank use. Location of Property: North side of Main Road, Matti-
tuck, NY; bounded west by Factory (Railroad) Avenue; south by
Main Road; north and'east by Bethany Cemetery Association.
County Tax Map Parcel Item No. 1000-142-1-26.
9:30 p.m. Application of Warren E. Hufe, Jr. and Ellen
Hufe, Wells Avenue, Southold, NY (by Rudolph H. Bruer, Esq.) for
a Variance to the Zoning Ordinance, Article VII, Section 100-70
- for permission to utilize B-1 General Business Zoned premises
for manufacturing at 45655 C.R. 48 and Youngs Avenue, Southold,
NY; bounded north by Harris and Dickerson; west by Youngs Ave.;
south by C.R. 48; east by Edson. County Tax Map Parcel Item
No. 1000-55-2-16.
9:35 p.m. Application of Warren E. Hufe, Jr. and Ellen
Hufe (for Future Screw, Inc.), North Road, Southold, NY for a
Special Exception to the Zoning Ordinance, Article VIII, Section
100-80(B) for permission to utilize the subject premises for
Light Industrial Use. Location of Property: 45655 County
Road 48 (a/k/a 3750 Youngs Avenue), Southold, NY; bounded
north by Harris and Dickerson; west by Youngs Ave.; south by
C.R. 48; east by Edson. County Tax Map Parcel Item No. 1000-
55-2-16.
9:35 p.m. Application of Warren E. Hufe, Jr. and Ellen
Hufe (for Future Screw, Inc.), North Road, Southold, NY for a
Special Exception to the Zoning Ordinance, Article XI, Section
100-118D to use existing two-story house for dwelling use'in
a B-1 General Business Zone. Location of Property: 45655 County
Road 48 (a/k/a 3750 Youngs Avenue), Southold, NY; bounded north
by Harris and Dickerson; west by Youngs Ave.; south by C.R. 48;
east by Edson. County Tax Map Parcel Item No. 1000-55-2-16.
9:50 p.m. Application of Peter and Pat Lenz, Main Road,
Peconic, NY for a Variance to the Zoning Ordinance, Article III,
Section 100-35A for permission to construct gate and fence
exceeding maximum height limitations at 38350 Main Road, Peconic;
bounded northwest by L.I.R.R.; southwest by Otto Keil Florists;
Legal Notice - Page 5
Regular Meeting for October 15, 1981
Southold Town'Board of Appeals
northeast by Cichanowicz; southeast by S.R. 25. County Tax Map
Parcel Item No. 1000-85-2-17.
9:55 p.m. Application of Stanley J. Fliss, Jr. for
Mattituck Air Base, 840 Bray Avenue, Mattituck, NY for a Variance
to the Zoning Ordinance, Article VIII, Section 100-80 for permis-
sion to construct addition to office building with an insufficient
frontyard at 410 Airway Drive, Mattituck; bounded north by Bagshaw,
Wickham; west by Peconic Corp.; south by Park Ave.; east by Wickham,
Parkin, Tandy, Kujawski. County Tax Map Parcel Item No. 1000-123-1-2.
10:05 p.m. Application of Katherine Ebert 'for Mattituck
Holding Corp., Mattituck, NY (by Norman A. Reilly as agent), for
a Variance for approval of access, New York Town Law Section 280A.
Location of Property: Right-of-Way off West Mill Road, Mattituck,
NY; bounded north by Mill Road and Killian; west by Leogrande and
Cox Neck Road; south by Chudiak, McGunnigle, Zeigler, DeMaula and
North Drive; east by Mattituck Creek; and near Boscola. County
Tax Map Parcel Item No. 1000-106-6-part of 13.3.
10:25 p.m. Recessed hearing of Matthew McKiernan.
Dated:
October 2, 1981.
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
Instructions to newspapers:
Please publish once, to wit, Thursday, October 8, 1981 and forward
affidavits of publication to L. Kowalski, Secretary, Board
of Appeals, Town Hall, Main"Road, Southold, NY 11971.
.-x
On 10/6/81,
Legal Notices mailed to each applicant or his agent listed as follows:
Mr. Carl' H. King (c/o Judy)
Richard F. Lark, Esq. ~as attorney for Pequash Recreation Club
~Pequash Recreation Club
Virginia L. Wickham
Toba Laja Orro
Robert T. Bayley and Robert W. Gillispie III, North Fork Agency
Nina S. Fischer
Lenore Adamson and Thomas F. Daly, Esq.
Joseph L. Lizewski
William H. Price, Jr. as attorney for Lizewski
Dominick and Rose DeMaio and William J. Jacobs as agent
Nicholas D. Yuelys
Rudolph H. Bruer, Esq. as attorney for L'Eplattenier
Victor L'Eplattenier
Alan A. Cardinale
Rudolph H. Bruer, Esq. as attorney for Future Screw, Inc. (Hufe)
Mr. and Mrs. Warren E..Hufe, Jr.
Mr. and Mrs. Peter Lenz
Mr. Stanley J. Fliss, Jr. for Mattituck Air Base
Katherine Ebert for Mattituck HOlding Corp.
Mr. Norman A. Reilly as agent for Mattituck Holding Corp.
Mr. Matthew McKiernan
Copies of the Legal Notice were forwarded to Suffolk Times and
L.I. Traveler on 10/5/81.
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
..... · ~'"'~ .... '~'7_ ............................................... ~.~/'7. ~, ,~
.5'~- ~o. /er_._ .
...... .~..~..~m~.~.~...-....~..~.y...;.~;~/ .-~.~'"'~ ..... :...~..-.. ......... , ~,~...
PLEASE TAKE NOTICE that your al:~:n~i~miqt~f dated
for permit to c~.~t.~~.l~,.o/~'.........~..__l"-~ '~ /.~ T ....... at the premises located at __..~..:...~....i ....
,~.~..2'~....~'Z4,~S.a~ .... ./..~e~.A ........ s,.~ ..~ooT'-,vo;-~, ,v'.<7.
/
~~.~.~/.~Z.. ..... ~,o~ .......... ..o...~.. .......................... .o, ..... .~.~..,.... .............................
is
returned herewith and disapproved on the fo[[owing grounds .~....~..~./g~'~.L/'.~.~r.....~...F....~...{~.~.~..~'.
....-~.~.zz...Z.~.~ ..... JY.~ ..... ..a..~..~.....
.... . ..... /.-~,_ ~.;.~.~. ...... ....
.... /..~..~.. ....... /."~"~..~" .... ,,,,~..,.~ ...................... --'-"" '""... / ~- ' ~ ..
............... ..... ..... ......
{ Bm'lding Inspector
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairmau
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOAP, D OF APPEALS
TOWN OF SOUTHOLD
MEMORANDUM,
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
TO: All Building Inspectors
FROM: Jerry Goehringer, ZBA Chairman
DATE: April 27, 1994
RE: Appl. No. 2784- Bayley, Holzafel, and Others
Private ROW #10, ID #1000-87-1-23.1 a/k/a Old Woods ~Path
Affected Lots: 1000-87-1-21, 23.7, 19, 20, 2, 3.1, 3.3,
3.4, 4, 23.8, and 9 off E/s South Harbor Road~ Southold
During 1984 our office sent a memorandum to the Building. Department
concerning-the above-noted right-of-way and~ confirming, that
improvements were ~necessary before building, permits or.certificates
of occupancy may be issued for any of the affected lots pursuant to.
the .requirements of New-York Town Laws Section 280-a pertaining', to
private rights-of-way. Recently, we added the 280A.restriction to
the computer maintenance listings for the above-noted parcels for
your convenience, and we are attaching copies of. those-parcel file
listings .together-with the owners' names and addresses, for further
notice as would appear to be. necessary.
After a recent visit-to this area, it was found that the.right-of-.way
is still in poor condition, In reviewing our files, it was .noted
that the .right-of-way had some improvement during~ 1984. but may not
have been officially accepted or updated, prior to issuance of
building, permits or certificates, of occupancy between 198t~. to the
present time, for the purposes of. sufficient and safe access.by
emergency vehicles.
It is requested that steps be taken by the Building Department to
notify the applicants and owners who have outstanding~permits or
applications for permits or certificates of occupancy that this
right-of-way must be updated and~ improved pursuant to the
Conditions of-the attached determination filed, with the .Town Clerk on
April 30, 1981 under Appl. No. 278~. No buildincj permits or other
documentation.should, be issued to any of the property owners havinq
access over this riqht-of-way until the road improvements have been
made and the riqht-of-way.accepted by the Board of Appeals.
(Continued on page 2)
Page 2 '
To: All Building Inspectors
Re: ROW 1000-87-1-23.1 at
Els South Harbor Road, Southold
Please update your records since it is a matter which could involve
fire and-emergency situatiOns '.requiring~ access .over this
right-of-way. Also, it is requested that the:extra copies-of this
memorandum (attached) be placed in each appropriate-referenced
office file/permit file, or other property file. you may have'for
future reference pertaining:to these ~ particular lots. If we may.be
of assistance in preparing.the notices to the .property owners, or
other documents., please,do not hesitate to let us know.
Thanking you in advance for your assistance.
Attachments:
Copy of New York Town Law, Section 280.-A
Copy of Appl. No. 278~ dated q/2/81 280,-A Conditions
Copy of County Map with Private ROW #10 shown
List of status list for Permits or C.O.s along;ROW
List of all Property Owner Names/Addresses along-ROW
PLl10-30 W5
*INQ*
TOWN OF SOUTHOLD
PARCEL MASTER FILE INQUIRY
Address: OLD WOODS PATH #285
APN: 10OO 87 { 2
General Plan:
Jurisdiction: STH
Lot Number:
Parcel Size:
Water Main Size':
Sewer Main Size:
Zoning Code:
Subdivision:
Structure Type:
Water Main Access:
Sewer Main Access:
Parcel ID:
Ref ID:
4/27/94
10.20.50
11862
Owner Information
~ Primary Name: dACOBS, DOUGLAS & WF
Secondary Name:
Mailing Address:
City, State, Zip: SOUTHOLD
NY 11971
PLllO-23 w5
*INQ*
TOWN OF SOUTHOLD
PARCEL MASTER FILE INQUIRY
4/27/94'
10.19.59
Address:
APN:
285
1000
OLD WOODS PATH
87 1 2
SEL TYPE
1. VAR
2. PMT
EFF DATE
4/20/94
9/05/79
EXP DATE EXCPT
DESCRIPTION
ROW needs update by Zba per #2784
BP# 10388Z ADD N/D
TEXT?
Y
PLl10-30 W5
* I NQ*
TOWN-OF SOUTHOLD
PARCEL MASTER FILE INQUIRY
Address: OLD WOODS PATH #375
APN: 1OOO 87 ~ 3.3
General Plan:
Jurisdiction: STH
Lot Number:
Parce! Size:
Water Ma[n Size:
Sewer Main Size:
Zoning Code:
Subdivision:
Structure Type:
Water Main Access:
Sewer Main Access:
Parcel ID:
Ref .ID:
4/27/94
10.38.02
11860
Owner Information
Primary Name: BOERGESON, KEVIN M
Secondary Name:
Mailing Address: SOUTH HARBOR RD
City, State, Zip: SOUTHOLD
NY 11971
PLllO-21 w5
*INQ*
TOWN OF SOUTHOLD
PARCEL MASTER FILE INQUIRY
Address:
APN:
1000 87 1 3.3
SEL APN
1. 1000
2. 1OOO
87
87
1
1
3.3
3.3
ADDRESS
OLD WOODS PATH
OLD WOODS PATH
, #375
· #315
'~l Zll~
10.37.43
REF ID #
11860
11861
Address:
APN:
375
1000
OLD WOODS PATH
87 1 3.3
SEL
1
2
3
4
5
6
TYPE EFF DATE
VAR 4/20/94
VAR 4/20/94
PMT 7/12/90
PMT 3/06/89
PMT 5/21/80
PMT 12/29/78
EXP DATE EXCPT
1 12 92
DESCRIPTION
No record found for split??
Needs update by ZBA on row see 2784
BP# 17886Z ADD POOL c0z-18597
BP# 10687Z EXPIRED
BP# 10091Z ADD N/D COZ-9707
BP# 19186Z ADD ACCY BLDG COZ-19304
TEXT?
Y
Y
Y
Y
~PLl10-30 W5 TOWN OF SOUTHOLD 4/27/94
*INQ*
PARCEL MASTER FILE INQUIRY
Address: OLD WOODS PATH #485
APN: 1000 87 ~ 4
General Plan:
Jurisdiction: STH
Lot Number:
Parcel Size:
Water Main Size:
Sewer Main Size:
Zoning Code:
Subdivision:
Structure Type:
Water Main Access:
Sewer Main Access:
Parcel ID:
Ref ID:
10.30.30
11859
Owner Information
Primary Name: MAGUIRE, JAMES JR & ORS
Secondary Name:
Mailing Address: PO BOX 671
City, State, Zip: SOUTHOLD NY
11971
PLl10-23 W5
*INQ*
Address:
APN:
485
1OO0
SI~L
1.
2.
3.
4.
TYPE
VAR
TRA
TRA
PMT
TRA
EFF DATE
4/20/94
7/28/88
9/14/82
12/O4/78
7/25/67
TOWN OF SOUTHOLD
PARCEL MASTER FILE INQUIRY
4/27/94
10.29.11
OLD WOODS PATH
87 1 4
EXP DATE EXCPT
DESCRIPTION
ROW needs update bY Zba per #2784
TRANSFER OWNERSHIP PROPERTY
TRANSFER OWNERSHIP PROPERTY
BP# 10046 ALT GRGE
TRANSFER OWNERSHIP PROPERTY
TEXT?
Y
Y
Y
Y
PLllO-30 W5 *INQ*
Address: OLD WOODS PATH
APN: 1OO0 87
General Plan:
Jurisdiction: STH
Lot Number:
Parcel Size:
Water Main Size:
Sewer Main Size:
TOWN OF SOUTHOLD
PARCEL MASTER FILE INQUIRY
#240
Zoning Code:
Subdivision:
Structure Type:
Water Main Access:
Sewer Main Access:
Parcel ID:
Ref ID:
4/27/9~
10.37.03
11852
PLllO-23 W5
*INQ*
Owner Information
Primary Name: JONES, WILLIAM J
Secondary Name:
Mailing Address' 4525 S HARBOR'RD
City, State, Zip: SOUTHOLD NY 11971
TOWN OF SOUTHOLD
PARCEL MASTER FILE INQUIRY
Address: 240 OLD WOODS PATH
APN: 1000 87 1 9
SEL TYPE
1. TRA
2. TRA
3. TRA
EFF DATE
10/19/84
12/08/77
1/27/72
EXP DATE EXCPT
DESCRIPTION
TRANSFER OWNERSHIP PROPERTY
TRANSFER OWNERSHIP PROPERTY
TRANSFER OWNERSHIP PROPERTY
4/27/94
10.37.14
TEXT?
Y
Y
Y
pLl10-30 W5 * I NQ*
TOWN OF SOUTHOLD
PARCEL MASTER FILE INQUIRY
Address: OLD WOODS PATH #650
APN: 1OOO 87 ~ 1.9
General Plan:
Jurisdiction: STH
Lot Number:
Parcel Size:
Water Main Size:
Sewer Main Size:
Zoning Code:
Subdivision:
Structure Type:
Water Main Access:
Sewer Main Access:
Parcel ID:
Ref ID:
4/27/94
10.34.58
11850
Owner Information
Primary Name: 'WELLS SOUTH HARBOR CORP
Secondary Name: C/O NANCY C WELLS, TREAS
Mailing Address: 121 BELLEVUE AVENUE
City, State, Zip: MONTCLAIR NJ
PLllO-23 W5
TOWN OF SOUTHOLD
PARCEL MASTER FILE INQUIRY
Address: 650 OLD WOODS PATH
APN: 1OO0 87 1 19
SEL TYPE EFF DATE EXP DATE EXCPT
1. VAR 4/20/94
2. PMT 7/13/83
07043
DESCRIPTION
Needs update on ROW per ZBA #2784
BP# ADD COTTAGE
4/27/94
10.35.17
TEXT?
Y
Y
PLllO-30 W5
*INQ*
TowN OF SOUTHOLD
PARCEL MASTER FILE INQUIRY
Address: OLD WOODS PATH
APN: 1000 87
#690
20
General Plan:
Jurisdiction: STH
Lot Number:
Parcel Size:
Zoning Code:
Subdivision:
Structure Type:
Water Main Size:
Sewer Main Size:
Water Main Access:
Sewer Main Access:
Parcel ID:
Ref ID:
4/27/94
10.35.32
11849
Owner Information
Primary Name: PAUL, ROBERT E
Secondary Name:
Mailing Address: SOUTH HARBOR RD
City, State, Zip: SOUTHOLD
PLllO-23 W5 *INQm
Address:
APN:
NY 11971
SEL TYPE
1. VAR
2. PMT
3. TRA
TOWN OF SOUTHOLD
PARCEL MASTER FILE INQUIRY
690 OLD WOODS PATH
1000 87 1 20
EFF DATE EXP DATE EXCPT
4/20/94
6/O6/77
9/18/72
DESCRIPTION
ROW needs imprmt, see zba #2784
BP# 9286Z ALT & ADD N/D
TRANSFER OWNERSHIP PROPERTY
4/27/94
10.35.47
TEXT?
Y
Y
PLllO-30 W5
*INQ*
TOWN OF SOUTHOLD
PARCEL MASTER FILE INQUIRY
Address: OLD WOODS PATH #1480
APN: 1OOO 87 ~ 21
General Plan:
durisdiction: STH
Lot Number:
Parcel Size:
Water Main Size:
Sewer Main Size:
Zoning Code:
Subdivision:
Structure Type:
Water Main Access:
Sewer Main Access:
Parcel ID:
Ref ID:
4/27/94
10.34.27~
11848
Owner Information
Primary Name: SHER, CLAUDE A
Secondary Name:
Mailing Address: 43 RIDGE ROAD
City, State, Zip: SEARINGTOWN
PLllO-23 W5 TOWN OF SOUTHOLD
*INQ*
NY 11507
Address: 1480
APN: 1000
PARCEL MASTER FILE INQUIRY
OLD WOODS PATH
87 1 21
SEL TYPE
1 VAR
2 PMT
3 TRA
4 PMT
5 TRA
6 PMT
7. TRA
EFF DATE EXP DATE EXCPT'
4/20/94
12/06/91 6 06 93
10/10/91
6/26/91
2/26/91
7/07/76
5/11/76
DESCRIPTION
Needs ROW update as per ZBA 2/81
BP# 20314Z ALTS
TRANSFER OWNERSHIP PROPERTY
PRECO Z-2OO37
TRANSFER OWNERSHIP PROPERTY
BP# 87112Z ADD COZ-7813
TRANSFER OWNERSHIP PROPERTY
4/27/94
10.34.40
TEXT?
Y
Y
Y
Y
Y
Y
Y
R~l~ction:
PL110-30. W5
Address: OLD WOODS PATH
APN: 1OOO 87
General Plan:
Jurisdiction: STH
Lot Number:
Parcel Size:
Water Main Size:
Sewer Main Size:
TOWN OF SOUTHOLD
PARCEL MASTER FILE INQUIRY
#1245
23.7
Zoning Code:
Subdivision:
Structure Type:
Water Main Access:
Sewer Main Access:
Parcel ID:
Ref ID:
4/27/94
10.33.34
11854
Owner Information
Primary Name: BLAKE, CHARLES V
Secondary Name:
Mailing Address: 695 OLD WOOD PATH
City, State, Zip: SOUTHOLD
PLllO-2~ WS. TOWN OF SOUTHOLD
~INQ~
NY 11971
PARCEL MASTER FILE INQUIRY
Address: 1245 OLD WOODS PATH
APN: 1000 87 1 23.7
SEL
1
2
3
4
5
6
7
8
9
TYPE EFF DATE
TRA 2/05/87
PMT 1/29/87
PMT 10/19/84
TRA 11/22/80
SPL 9/23/78
SPL 8/12/78
TRA 5/19/77
TRA 5/25/73
TRA 0/00/69
EXP DATE EXCPT
DESCRIPTION
TRANSFER OWNERSHIP PROPERTY
BP# 15646 ADD GRGE
BP# 13481N/D
TRANSFER OWNERSHIP PROPERTY
SPLIT PARCEL
SPLIT PARCEL
TRANSFER OWNERSHIP PROPERTY
TRANSFER OWNERSHIP PROPERTY
TRANSFER OWNERSHIP PROPERTY
4/27/94
10.33.54
TEXT?
Y
Y
Y
Y
Y
Y
Y
Y
Address: OLD WOODS'PATH
APN: 1OO0 87
General Plan:
Jurisdiction: STH
Lot Number:
Parcel Size:
Water Main Size:
Sewer Main Size:
#733
Zoning Code:
Subdivision:
Structure Type:
Water Main Access:
Sewer Main Access:
Parcel ID:
Ref ID:
11857
Owner Information
Primary Name: HOLZAPFEL, JOHN & WF
Secondary Name:
Mailing Address: 825 S HARBOR RD
City, state, Zip: SOUTHOLD
NY 11971
PLllO-23 W5 *INQ*
Address:
APN:
733
1000
SEL TYPE
1. VAR
2. PMT
3- PMT
4. PMT
5- TRA
6. SPL
EFF DATE
4/20/94
7/17/91
6/06/85
2/07/84
1/13/84
9/23/78
TOWN OF SOUTHOLD
PARCEL MASTER FILE INQUIRY
OLD WOODS PATH
87 1 23.8
EXP DATE EXCPT
1 '17 93
DESCRIPTION
ROW needs update byZBA per #2784
BP #20018-Z ADD & ALTS
BP# 13999 ADD DECK
BP# 12860 N/D
TRANSFER~OWNERSHIP PROPERTY
SPLIT PARCEL
4/27/94
11'40.21
TEXT?
Y
Y
Y
Y
Y
PLllO-21 W5 * I NQ*
Address:
APN:
SEL APN
1. 1000
2. 1000
TOWN OF SOUTHOLD
PARCEL MASTER FILE INQUIRY
lOOO 87 1 23.8
ADDRESS
87 1 23.8 OLD WOODS PATH , #733
87 1 23.8 OLD WOODS PATH , #675
REF
4/27/94
10.36.24
~D #
11857'
11858
Selection:
P=Parcel, H=History: P
More than one record matches the selection criteria.
Memorandum from....
Southold Town Board of Appeals
TOWN HALL, SOUTHOLD, N.Y. 11971
765-1809
'Date: 10/8/84
To,'
From:
Re:
Building Department
Jerry Goehringer, Chairman
Charles Grigonis
Holzapel C/O - B'ayley R-O-W, Southold
~Upon inspection of the-right-'of-way
today, we find that the appropriate
improvements have not been made.
This inspection was made pursuant to
Walt's request of a pending C/O.
We ask that when the improvements
have been made, that we be informed
in writing by either the property
owner or his agent, for a final
inspection.
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.
TELEPHONE (516) 765-1809
JanuarY 26, 1984
Mr. and Mz's. John Holzapfel
9 Hunters Trail
Wading River, NY 11792
Re: Private Road #10 at Southold
Dear Mr. and Mrs. Holzapfel:
Please be advised that the board members reviewed your
request of January 24, 1984 at their Regular Meeting held
last evening, and the board unanimously voted to allow for
relief by way of regrading and application of two inches of
packed stone blend as indicated in the attached findings
and determination.
If you have any questions, please don't hesitate to
'call our office.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
Enclosure ~
cc: Building Department
Mr. John W. Davis
P.S. Before a certificate of occupancy may be issued for any
new structures, an inspection of these right-of-way improve-
ments and acceptance thereof should be requested.
Southold Town Board o£Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 2784 and 688
Application Dated January 24, 1984 (letter)
TO:
Mr. and Mrs. John Holzapfel
9 Hunters Trail
Wading River, NY 11792
[Appellant (s) ]
Mr. Robert T. Bayley
At a Meeting of the Zoning Board of Appeals held on "January 25, 1984
the above appeal was considered, and the action indicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[ ] Request for Variance jto the Zoning Ordinance
Article , Section
Ix]
Request for Relief from the usual requirements for
new right-of-way improvements, i.e. Appeal No. 2784
as rendered October 15, 1981 (R.T. Bayley) Condition
No. 3(a & b).
WHEREAS, correspondence dated January 24, 1984 was received from
Mr. and Mrs. John Holzapfel, new owners of a parcel of land located
at the easterly section of a private right-of-way known as Private
Road #10 and located at the east side of South Harbor Road, Southold,
the subject parcel being identified as County Tax Map District 1000,
Section 87, Block 1, Lot 23.8; and
WHEREAS, subsequent to 1981, this department has had road committee
meetings with other departments concerning the burden of the require-
ments in improving certain well-traveled existing rights-of-way; and
WHEREAS, it is the opinion of this board and the building inspector
that some reli-ef should be given to the 1981 Z.B.A. reqQirements which
are normally applied to new or lightly traveled rights-of-Way, parti-
cularly '~§ince this road has a good base; and
WHEREAS, a Z.B.A. 'decision rendered· July 9, 1964 in Appeal No. 688
accept~ the width of this right-of-way; and
WHEREAS, in relieving th~ 1981 road specifications for this
right-of-way, it is noted for the record that it is not .'the intention
of this board by this action to reopen or change any previous variances
which involved this right-of-way or to extend the period of time allotted
for appeals
NOW, ~HEREFORE,-on motion by Mr. Grigonis, seconded by Mr. Goeh-
ringer, it was
RESOLVED, that the following specifications be added to allow
substitution i~ the means of improving this right-of-way from those
originally required by this board's October 15, 1981 decision:
(1) That the first 450 feet of the subject right-of-way shall
be regraded to eliminate potholes and shall be improved a minimum
width of ten feet with two inches [2"] of packed stone blend, and
(CONTINUED ON PAGE TWO)
DATED: January 26, 1984.
Form ZB4 (rev, 12/81)
CHAIRMAN, SOU. THOLD TOWN ZONING BOARD
OF APPEALS
Page 2 - January 25, 1984 Action
Concerning Appeal No. 2784
Matter of ROBERT T. BAYLEY/JOHN HOLZAPFEL
(2) That the access road shall be regraded to eliminate potholes
and be improved to a width of 15 feet commencing at a point apProxi-
mately 451 feet from South Harbor Road within the legal right-of-way
and extending to the premises in question, now or formerly of Stewart
and identified as County Tax Map No. 1000-87-1-23.8, and
(3) That a clearance of a full 12 feet in width,.,~n~lU~ing
the clearing of all branches and limbs, for suitable access by
emergency vehicles, shall be maint&ined at all times. ~
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, G~igonis,
Douglass and Sawicki. This resolution was unanimously adopted.
GERARD P. GOEHRINGER, CHAIRMAN
January 26, 1984
Southold Town Board of Appeals -24- January 2~ 1984 Regular Meeting
PENDING PLANNING BOARD REVIEW/RECOMMENDATIONS: Appeal NO. 3208 -
JAMES A. AND EDNA-MAE CHRISTIE.
On motion by Mr. DouglaSs, seconded by Mr. Goehringer, it was
RESOLVED, that Appeal No. 3208, application of JAMES A. AND EDNA-
MAE CHRISTIE for a Variance for approval of insufficient area, width
and depth in this proposed set-off of land at Laurel, Lots 31 and 32
of Ravatone Corp. Subdivision Map, BE AND HEREBY IS TEMPORARILY HELD
in abeyance pending: '(1) receipt of.three copies of an updated survey
showing all structures and dimensions of the subject premises, and
(2) receipt of comments or recommendations from the Southold Town
Planning Board on the lot-line layout as proposed in accordance with
the January 1982 set of procedures.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis,
Douglass and Sawicki. This resolution was unanimously adopted.
CHANGE REQUEST IN ROAD MATERIAL UNDER 280-A:
2784 - ROBERT T. BAYLEY/JOHN AND JOYCE HOLZAPFEL.
Appeals No. 688 and
The board members and Mr. Lessard reviewed. and discussed recent
correspondence from Mr. and Mrs. John Holzapfel concerning Private
Road #10 at the East Side of South Harbor Road, Southold, New York,
and the following findings and determination were rendered:
WHEREAS,' correspondence dated January 24, 1984 was received from
· Mr. and Mrs. John Holzapfel, new owners of a parcel of land located
at the easterly section of a private right-of-way known as Private
Road #10 and located at the east'side of South Harbor Road, Southold,
the subject parcel being identified as County Tax Map District 1000,
Section 87, Block 1, Lot 23.8; and
WHEREAS, subsequent to 1981, this department has had road Commit-
tee meetings with other departments concerning the burden of the
requirements in improving certain well-traveled existing rights-of-way;
WHEREAS, it is the opinion of this board and the building inspector
that some relief should be given to the 1981 Z.B.A. requirements which
are normally applied to new or lightly traveled rights-of-way, particu-
larly since this road has a good base; and
WHEREAS, a Z.B.A. decision rendered July 9, 1964 in Appeal No. 688
accepted the width of this right-of'way; and
WHEREAS, in relieving the 1981 road specifications for this right-
of-way, it is noted for the record that it is not the intention of this
board by this action to reopen or change any previous variances which
involved this right-of-way or to extend the period of time allotted for
appeals;
Southold Town Board of Appeals -25- January 25, 1984 Regular Meeting
(Appeals No. 688 and 2744, BAYLEYTHOLZAPFEL Private Road #10:)
NOW, THEREFORE, on motion by Mr. Grigonis, seconded by Mr' Goehringer,
it was
RESOLVED, that the following specifications be added to allow sub-
stitution in the means of improving this right-of-way from those
originally required by this board's October 15, 1981 decision:
(1) That the first 450 feet of the subject right-of-way shall
be regraded to eliminate potholes and shall be improved a minimum width
of ten feet with two inches [2"] of packed stone blend, and
(2) That the access road shall be regraded to eliminate potholes
and be improved to a width of 15 feet commencing at a point approxi-
mately 451 feet from South Harbor Road within the legal right-of-way
and extending to the premises in question, now or formerly of Stewart
and identified as County Tax Map No. 1000-87-1-23.8, and
(3) That a clearance of a full 12 feet in width, including the
clearing of all branches and limbs, for suitable access by emergency
vehicles, shall be maintained at all times.
.Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis,
Douglass and Sawicki. This resolution was unanimously adopted.
PUBLIC HEARINGS FOR MARCH 2., 1984: After reviewing the following
matters, it was determined that same are complete and the following
resolution w~s adopted:
On motion by Mr. Douglass, seconded by Mr. Goehringer, it was
RESOLVED, that the following matters be and hereby ARE SCHEDULED
for public hearings to be held at the next Regular Meeting of this
board, to wit: Friday~ March 2, 1984 in addition to those previously
scheduled, and that the same shall be ADVERTISED PURSUANT TO LAW in
the local and official newspapers of the town accordingly:
Appeal No. 3195 - FRANK SIMON and another.
Appeal No. 3210 - JAMES F. DRUCK III.
Appeal No. 3209 - HARRY AND MARIE FAGAN.
Vote of the Board: Ayes: Messrs. G°ehringer, Doyen, Grigonis,
Douglass and Sawicki. This resolution was unanimously adopted.
ENVIRONMENTAL DECLARATIONS: Pursuant to the New York State
Environmental Quality Review Act and Local Law No. 44-4 of the Town
of Southold, on motion by Mr. Douglass, seconded by Mr. Goehringer,
the following Negative Declarations were made:
S° th ld Tou o wn B°ardof Appeals
MAIN ROAD- BTATE: ROAD 25 E~ouTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
January 26, 1984
Mr. and Mz's. John Holzapfel
9 Hunters Trail
Wading River, NY 11792
Re: Private Road #10 at Southold
Dear Mr. and Mrs. Holzapfel:
Please be advised that the board members reviewed your
request of January 24, 1984 at their Regular Meeting held
last evening,~and the board unanimously voted to allow for
relief by way of regrading and application of two inches of
packed stone blend as indicated in the attached findings
and determination.
If you have any questions, please don't hesitate to
call our office.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
Enclosure.~
cc: Building Department
Mr. John W. Davis
P.S. Before a certificate of occupancy may be issued for any
new structures, an inspection of these right-of-way improve-
ments and acceptance thereof should be requested.
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 2.5 SOUTHOLD, I_.1., N.Y. llg?l
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 2784 and 688
Application Dated January 24, 1984 (letter)
TO:
Mr. and Mrs. John Holzapfel
9 Hunters Trail
Wading River, NY 11792
[Appellant (s) ]
Mr. Robert T. Bayley
At a Meeting of the Zoning Board of Appeals held on "January 25, 1984
the above appeal was considered, and the action indicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[ ] Request for Variance to the Zoning Ordinance
Article , Section
IX]
Request for Relief from the usual requirements for
new right-of-way improvements, i.e. Appeal No. 2784
as rendered October 15, 1981 (R.T. Bayley) Condition
No. 3(a & b).
WHEREAS, correspondence dated January 24, 1984 was received from
Mr. and Mrs. John Holzapfel, new owners of a parcel of land located
at the easterly section of a private right-of-way known as Private
Road #10 and located at the east side of South Harbor Road, Southold,
the subject parcel being identified as County Tax Map District 1000,
Section 87, Block 1, Lot 23.8; and
WHEREAS, subsequent to 1981, this department has had road committee
meetings with other departments concerning the burden of the require-
ments in improving certain well-traveled existing rights-of-way; and
WHEREAS, it is the opinion of this board and the building inspector
that some relief should be given to the 1981 Z.B.A. reqQirements which
are normally applied to new or lightly traveled rights-of-way, parti-
.cula~!y'~ince this road has a good base; and
WHEREAS, a Z.B.A. 'decision rendered July 9, 1964 in Appeal No. 688
accepted the width of this right-of-way; and
WHEREAS, in relieving th~ 1981 road specifications for this
right-of-way, it is noted for the record that it is not'the intention
of this board by this action to reopen or change any previous variances
which involved this right-of-way or to extend the period of time allotted
for appeals;
NOW, ~HEREFORE, on motion by Mr. Grigonis, seconded by Mr. Goeh-
ringer, it was
RESOLVED, that the following specifications be added to allow
substitution i~ the means of improving this right-of-way from those
originally required by this board's October 15, 1981 decision:
(1) That the first 450 feet of the subject right-of-way shall
be regraded to eliminate potholes and shall be improved a minimum
width of ten feet with two inches [2"] of packed stone blend, and
//
(CONTINUED ON PAGE TWO)
DATED: January 26, 1984.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS ~
Page 2 - January 25, 1984 Action
Concerning Appeal No. 2784
Matter of ROBERT T. BAYLEY/JOHN HOLZAPFEL
(2) That the access road shall be regraded to eliminate potholes
and be improved to a width of 15 feet commencing at a point approxi-
mately 451 feet from South Harbor Road within the legal right-of-way
and extending to the premises in question, now or formerly of Stewart
and idenfified as County Tax Map No. 1000-87-1-23.8, and
(3) That a clearance of a full 12 feet in width, ~n~lu~ing
the clearing of all branches and limbs, for suitable access by
emergency vehicles, shall be maint&ined at all times. ~
Vote of the Board: Ayes: Messrs. Go~hringer, Doyen, G~igonis,
Douglass and Sawicki. This resolution was unanimously adopted.
GERARD P. GOEHRINGER, CHAIRMAN
January 26, 1984
ac'rtoN or TI[Ir ZONING BOARD OF APPEALS
Appeal No. 688 Dated June 25, 1964
ACTION~OF THI.' ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To E~ard Ford
South l!arbor Road
Southold~ New York
':j]¢ TO%VN OF SOUTHOLD, NE%V YORK ---~,~, .
DATE ~II.ll~_.9.........J. 9 6 4
Appellant
at a mectil~g of the Zoning Board of Appeals on Thursday, Jtlly 9, 1964
was considered and the action indicated below was taken on your
,X) Request for variance due ~ lack of access to property
( ) Request for a special exception under the Zoning O:'dinanze
t ) l%equcs; for a variance to the Zoning Ordinance
( )
the appeal
1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be
granted ( ) be d.enied l~ursuant to Arti, cle ............................... Section ........................... Subsection ............................ paragraph
........ : ................. of the Zoning Ordinance, ~nd the decision of the Building Lnspector ( ) be reversed ( ) be
conf!rmed because
7,30 P.N~ (~.D.S.T.), upon application of Edward Ford, South
Harbor Road, Southold, New' York, for recognition of access in
accordance ~ith the State of New York Town Law, Section 280A.
Location of property~ east side South Harbor Road, Southold, New
York, bounded north by W.C. Chapek, and others, south by land of
mi:. Ford, west by South lta:~bor Road.
2. VARIANCE. By resolution of the Board it was determined that
ia) S[rict application of the Ordinance (would)(would not) p.,,oduce practical dilficttlties or unnec-
essary haxdship because
SEE REVERSR
Cb) Tl~e h.ard.diip created (is) (is not) unique and (would) (would not) be shared by all prope~les
alike in the immediate vf,cinity of this property and in the same use district because
(c) The valance (does) (does not) observe the spirit of thc Ordinance and (would) (wOUld not)
change the .character ,of the disiaqct becaase
and therefore, it was further determivmd that the requested variaace ( ) be granted ( ) be denied
and that the pre,~ious decisions of the Building Inspector ( ) ,be confirmed ( ) be reversed.
FORM ZB4
ZONING BOARD OF APPEALS
'Barbara ~.. Carroza, Secretary
.~fter /nvest&gation and ~nspection the Board f~nd8 that
Senator Ford request approval o£ access on a private-right.of
way. Th~s right-of-way will be used to reach -4nterior lots that
Senator Ford plarls to sell. The access road is clear of hang~llg
1/~.~bs and is level. T~e access 4s accessible to f~l:e trucks and
other emergency equi~aaento
The Board finds that strict app14cat4on of the Oral,lance
produce pract4cal difficult4es or unnecessary hardship~ the hardsh4p
created is un4c/t~e and t~uld not be shared by all properties
in the /mmed~ate v4cin4ty of th~s property and 4n the same use
d~str4ct~ and the varLance does observe the sp].l:it of the Ord/nance
and will not change the character of the
Therefore~ 4t %~as RESOLVED that Edward Ford, South Harbor Road,
Southold, ~ew York~ be granted recogr~4t~on of access~ on property
located east s4de South Harbor Road~ Southold, New York.
7
ROPER.TIES
OR :;:' FO RD
Southold Town Board of Appeals
-60-
October 15, 1981 Regular
Meeting
RESERVED DECISION: Appeal No. 2784..
Upon application of Robert T.. Bayley,
55 West 16th Street, New York, NY 10011 (Robert W. Gillispie, III
as agent) for a Rehearing for approval of access, New York Town
Law, Section 280-a. Location of Property: Right-of-Way off the
East Side of South Harbor Road, Southold, NY; bounded north by
Stewart and Freund; west by Paul; south by Bay; east by Ballenger;
County Tax Map Parcel No. 1000-87-1-21.
A public hearing was held earlier this evening concerning
this application, at which time the hearing was closed after
receiving testimony and comments and decision reserved until a
later time.
By letter dated May 12, 1981 to this board, applicant has claimed
practical difficulties in complying with this board's decision
dated April 30, 1981 and rendered April 2, 1981, wherein this
board granted approval of access subject to several conditions.
Applicant asserts that the right-of-way over which he has requested
this board's approval is not owned by him and that portion over
which he has a right to use for access is less than 15 feet wide.
Conditions (a) and (b) of this board's decision rendered April 2,
1981 requires applicant to improve the right-of-way for a minimum
width of 15 feet accordingly to certain road specifications.
By unanimous resolution of this board taken at a special meeting
held May 22, 1981, this board determined that a rehearing be held.
A public hearing was held on October 15, 1981.
After hearing all testimony and reviewing all documentation con-
cerning this application, the Board finds that applicant appears
to have a legal right over a "right-Of-way in common with others
for all purposes over "Old Woods Road", commencing at the point
where an extension due west of the southerly line of the roadway
last above-described intersects the westerly line of said "Old
Woods Road" and running in a northwesterly direction over the
entire width of said "Old Woods Road" to and from South Harbor
Road." The Board also finds that applicant has a right over a
"right-of-way for ingress and egress from the northerly portion
of the subject premises (1000-87-1-21) to South Harbor Road, as
designated in deed recorded at Liber 8039 page 380. Upon review-
ing a February 26, 1970 survey for a parcel along the subject
right-of-way (Ralph Lavinia, and now or formerly of Pierson),
the Board finds that the right-of-way appears to have a width of
approximately 11 feet at its intersection with South Harbor Road,
and gradually widening as it extends towards the subject property,
having a width of approximately 30 feet at a point approximately
450 feet from South Harbor Road easterly. It is the'feeling of
this board that the' road can be improved and should be maintained
for emergency vehicles and others.
The Board finds that the relief requested is not substantial;
that the practical difficulties are unique and no substantial
Southold Town Board of Appeals
-61-
October' 15, 1981 Regular
Meeting
(Appeal No. 2784 - Robert T. Bayley continued)
change in the character of the neighborhood will be created by
the granting of the relief requested; that the relief requested
is within the spirit of the zoning ordinance and town law; that
no adverse effects will be produced on available governmental
facilities of any increased population; and that the interests
of justice will be served by allowing the variance as specified
below.
On motion by Mr. Goehringer, seconded by Mr. Grigonis, it
was
RESOLVED, that Robert T. Bayley be granted a variance for
approval of access, New York Town Law, Section 280-a, SUBJECT TO
THE FOLLOWING CONDITIONS:
(1) That the access road shall be improved and unobstructed
for a minimum width of ten feet from a point at the easterly side
of South Harbor Road and extending easterly approximately 450~feet
(where the right-of-way is shown to be 30+- feet wide);
(2) That the access road shall be improved and unobstructed
~or a minimum width of 15 feet from a point approximately 450 feet
easterly from its intersection with South Harbor Road and extending
to the subject premises;
(3) That the entire access road shall be improved in EITHER
of the following two methods:
(a) Surfaced with a minimum depth of four inches of
packed three-quarter-inch stone blend so as to afford 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 four inches; OR
(b) Shall have topsoil removed to a depth of eight inches
and then filled with eight inches of a good grade stone and sand bank
run. The surface shall then be covered with a layer of tw~ to four
inches of three-quarter-inch stone blend, or in the alternative, oiled
with a minimum of four-tenths of a gallon of road oil per square yard.
(4) That no certificate of occupancy shall be issued for this
parcel to which this access is referred until all of the c~nditions
set forth herein have been complied with.
(5) Where the terrain of the land over which such access road
is traversed is such that drainage problems may occur, the applicant
is required to construct such drainage facilities at any time same
is recommended by the Town Engineer.
(6) That this access road be approved by the Board of Appeals,
Southold Town Board of Appeals
-62-
October 15, 1981 Regular
Meeting
(Appeal No. 2784 - Robert T. Bayley continued:)
Town InSpector or Engineer, or Town Building InSpector as to meeting
all the above requirements, and that a copy of said approval be fur-
nished to the office of this board.
Location of Property: Right-of-way off the east side of South
Harbor Road, Southold; County Tax Map Parcel No. 1000-87-1-21.
Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goehringer,
Sawicki and Grigonis. This resolution was unanimously adopted.
APPEAL NO. 2846.~ATRIC/A. BAILEY. On September ~7, 1981
the board closed the hear~g,//Pending decision upon receipt of an
up-to-date certified survey~howing the square footage of proposed
Lots 1 and 2 and showing ~e~xisting structures with setback
distances. Letter.was f~rward~ to the applicant On September 23,
1981, 'and to date the ~terial r~uested has not been submitted
for consideration. / ~
Southold Town Board of Appeals -11- October 15, 1981 ~
(Appeal No. FL-7- Toba Laja Orro, continued:)
MR. CHAIRMAN: Thank you very much, Mr. Orro. Is t~ere anyone
else to speak in favor of this? Anyone to speak against it? Any
questions? (None)
MEMBER DOUGLASS: I'.ll make a motion that we close the hearing
and reserve decision.
MR. CHAIRMAN: Second.
On motion by Mr. Douglass, seconded by Mr. Grigonis, it was
RESOLVED, to close the hearing and reserve decision in the
matter of Appeal No. FL-7, matter of Toba Laja Orro.
Vote of the Board: Ayes: Grigonis, Douglass, Doyen, Goeh-
ringer and Sawicki.
REHEARING: Appeal No. 2784. Application of Robert T. Bayley.,''--'
55 West 16th Street, New York, NY 10011 (Robert W. Gillispie III
as agent), for a Variance for approval of access, New York Town Law
Section 280A. Location of Property: Right-of-way off the east
side of South Harbor Road, Southold, NY; bounded north by Stewart~
'a~d Freund; west by Paul; south by the bay; east by Ballenger;
County Tax Map Parcel Item No. 1000-87-1-21.
The Chairman opened the hearing at approximately 8:01 p.m.
by reading Mr. Bayley's Seasons fo~ a rehearing, legal notice
of hearing and aftldavits attesting to its publication in the
local and official newspapers, Notice of Disapproval from the
Building Inspector, and letter from the Town Clerk that notifica-
tion to adjoining property owners was made; fee paid $15.00.
MR. CHAIRMAN:
Mr. Bayley?
Do you have anything you would like to add,
ROBERT T. BAYLEY: It's really very plain.
MR. CHAIRMAN: Anyone here to speak against the application?
(None) Do you gentlemen have any questions? (None) How much
is your actual right-of-way that you've been granted? Well, you
say you don't have the 15 feet that other people have.
MR. BAYLEY: My particular survey shows, unfortunately it's
not dimentioned but it's to scale-eight feet, and I would assume
that if one were to bring it up to a legal court and talk about
the actual width, they would take it off the survey, and it
shows there's eight feet. I understand that other people Who
have houses on the same road that~I do there~are 10 families
along there, ten families living there, but additional families
have built. But other families have greater right-of-way width
than I do, so theoretically they could make improvements that
I couldn't make. I think I mentioned that in my letter to Mr.
Southold Town Board of Appeals
-12-
October [5, 1981
(Appeal No. 2784 - Robert T. Bayley, continued:)
MR. BAYLEY continued:
Lavinia has a wider right-of-way, legal, that is, than I do. The
actual road itself is only eight feet wide, as I mentioned in my
letter the road is constructed in such a way that to widen it
would be extremely difficult. It's literally in a trench or
canyon for the first say, 100 feet. It's entire length is tightly
reigned in by trees.
MR. CHAIRMAN: Yeah, we've been down there several times.
A copy of the deed we have, we can't seem to find anything in
there about eight feet.
MR. BAYLEY: The deed itself, as far as I know, it doesn't
mention dimensions. It doesn't say eight feet. It doesn't say
12 feet. It says I have a right-of-way over the existing road.
Well the existing road is an eight-foot road. On the survey
there is, of course, visual information and that is to scale
eight feet. The survey is just that and nothing more than
a graph.
MEMBER GOEHRINGER: Would you please come up for a minute?
You say that 100 feet or first 700 feet?
MR. BAYLEY: Well the actual road itself, that is, I'm talking
about the physical road is at its most narrow point, I would say,
it's nothing more than 100 to 200 feet here. I don't know if this
scale is --
MEMBER GOEHRINGER: Fifty foot to an inch.
MR. BAYLEY: So that would be, I would say, three neighbors,
there are roughly four people that own houses along here, the
beginning of the road is absolutelY so hemmed in and so restrictive
that it would be -- I don't think it would physically be -- of
course it's physically possible if you came in there and spent
$50,000 and literally moved a lot, but it would cost something
in the neighborhood I think. Well maybe $50,000 is high, but I
think it would cost in the neighborhood of $30,000 if one could
widen the~road. Now, as I said before because of the fact that I
don't on my deeds own this property, all I have is the right to
· use another person's land. The only way I could interpret this,
and I talked to an attorney about it, is that I can only use that ........
portion which is traveled. I only have the right to maintain it,
if I wish to. It so happens that I'm also in charge of maintenance
for the roads because I'm a relative newcomer on the road and I
volunteered, so I called a contractor to grade it every year, and
he can only touch that portion which we, that is myself and others,
have the right to use, which is the road itself.
MEMBER DOUGLASS: It shows 20 feet on that survey, d~esn't it?
MEMBER GOEHRINGER: That was LaVinia's, Bob.
Southold Town Board of Appeals -13-
October 15, 1981
(Appeal No. 2784 - Robert T. Bayley, continued:)
MR. BAYLEY: Well it's owned by a series of people along here,
I would think. I'm not sure actually. This is 8½ inches, so that's
roughly I'd say 400'
MEMBER GOEHRINGER: You see, I don't know where that 700'
line is shown, where does that start and where does that end? I
guess from here to here.
MR. BAYLEY: I would think so. To the property. It's just
about 700 from here to here. This is 300, oh this is 400 feet here.
This is about, that's right, so the 700 is referring from here to
here, near the arrows. There are one, two, three, four property
owners from here to here.
MEMBER GOEHRINGER: We've been there several times.
MR. BAYLEY: The road varies in width. That's the problem.
It's very narrow here, and then over here it's wide. Here there's
no problem widening it.
~MBER GOEHRINGER: Ok, thank you very much.
MR. CHAI~4AN: Any more questions? (None) I'll offer a
resolution closing the hearing and reserving decision until later.
MEMBER DOUGLASS: Second.
On motion by Mr. Grigonis, seconded by Mr. Douglass, it was
RESOLVED, to close the hearing and reserve decision in the
matter of Appeal No. 2784, rehearing of Robert T. Bayley.
Vote of the BOard: Ayes: Goehringer, Grigonis, Doyen, Doug-
lass and Sawicki. This resolution was unanimously adopted.
PUBLIC HEARING: Appeal No. 2883. Application of Nina S.
Fischer, Indian Neck Lane, Peconic, NY for a Variance to the Zoning
Ordinance, Article III, Section 100-31 for permission to construct
addition to existing dwelling with an insufficient sideyard setback
at 7130 Indian Neck Lane, Peconic, NY; bounded northwest by Cukor;
southwest by Hog Neck Bay; northeast and southeast by Prellwitz;
County Tax Map Parcel No. 1000-86-7-8.
The Chairman opened the hearing at approximately 8:14 p.m.
by reading the appeal application in its entirety, legal notice
of hearing and affidavits attesting to its publication in the
local and official newspapers, Notice of Disapproval from the
Building Inspector, and letter from the Town Clerk that notifica-
tion to adjoining property owners was made; fee paid $15.00.
MR. CHAI~4AN: Is there someone here to speak in favor of this?
(Mrs. Fischer was present but had nothing more to add.). No other
comments were made. I'll make a motiOn approving this as applied for.
Page l0
Southold Town Board of Appeals
February 12, 1981 Regular Meeting
MEMBER GOEHRINGER: Seconded.
On motion by Mr. Grigonis, seconded by Mr. Goehringer, it
was
RESOLVED that the hearing be declared closed and decision
reserved in Appeal No. 2781, application of James D'Aquisto.
Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goeh-
ringer and Sawicki. Absent was: Mr. Doyen.
PUBLIC HEARING: Appeal No. 2784. Application of Robert T.
Bayley, 55 West 16 Street, New York, NY 10011, by Robert W.
Gillispie III as agent, for a Variance to New York Town Law,
Section 280-A for approval of access to property located on a
private right-of-way off South Harbor Road, Southold, NY; bounded
north by Stewart and Blake; west by Paul; south by Bay; east by
Ballenger; County Tax Map Item No. 1000-87-1-21.
The Chairman opened the hearing at 8:40 p.m. by reading
the appeal application and related documents, legal notice of
hearing and affidavits attesting to its publication in both
the local and official newspapers, Notice of Disapproval from
the Building Inspector, and letter from the Town Clerk that
notification to adjoining property owners was made; fee paid
$15.oo.
MR. CHAIRMAN: We have a survey of the property and section
of the County Tax Map .of the area showing this property and the
surrounding properties, and this is a long piece of property
which is a long way from South Harbor Road. Is there anyone
here, Mr. Gillispie, do you have something you would like to
say to this, Bob, more.to it?
ROBERT W. GILLISPIE III: Not at this time, Mr. Chairman.
I think I rather covered everything in the application.
MR. CHAIRMAN:
for it'?
Is there anyone else that wishes to speak
ROBERT PAUL: Robert Paul, and I'm against it.
MR. CHAIRMAN:
your name--
I guess it's your turn now then, sir.
State
ROBERT PAUL: My name is Paul,. Robert Paul. I bound the
property on his west side. He is on my east. We're adjoining
property. Well, I take exception to begin with that it will
not change the character of the land. I believe it will change
it drastically. It will invade on my privacy, and I'm afraid of
Page ll
Southold Town Board of Appeals
February 12, 1981 Regular Meeting
(Mr. Paul continued:)
a future health problem as the water, the whole land slopes down
toward the Bay from there, and his cesspools will be north of
my drinking water, and mainly, the road that is presently serving
as access is a little narrow dirt road. Now presently it's
serving nine families.and is in constant state of disrepair.
I understand there have been four lots on the north side of
the private road already sOld and waiting for occupancy or
future building. Th~s will add to 13 people to that same
little dirt road. Now Mr. Bayley wants to add two more, to 15.
The road by then will be impassible at times with the traffic
it has to support, that it's not supporting now with nine. Now
I don't like getting into this dispute with my neighbor -- I
don't like relationships like this, but I feel it's encroaching
upon me enough to'warrant my objection to this granting of the
right-of-way so he can build his lots, As for the hardship, I
don't know how Mr. Bayley is involved in this financially, but
he bought the property as one piece of property. And I believe
that understanding. And anyway it was bought as that. I have
offered to buy 20 feet on my line on a sum that we would have to
agree upon, this hasn't been discussed yet, I have offered to
buy 20 feet running from the Bay up to the private road which
he has turned me down on. Again I think it's going to jeopardize
the whole character of the land, and second my privacy.
that states my case. Thank you.
I believe
MR. CHAIRMAN: Thank you, Mr. Paul.
against it? Yes, sir.
Anyone else to speak
ROBERT BAYLEY: My name is Robert Bayley, and I'm the owner
of the property, in question. I'd just like to say in answer to
the Board and also to my neighbor that if I chose to sel~l this
property, which I probably will do, he's welcome to buy it, and
I'd be happy to sell it to him. In fact I'd be even more happy
if he bought it and nobody built on it, because I too would like
to see this property stay undeveloped, or should we say in the
state it's in right now. If my neighbor does not care to buy it
and if I do sell it, I do plan to restrict the location of the
house for.'several reasons: one, that I think the house that was
built on this property should be at more than the minimal distance
from both my house and my neighbor, Mr. Paul, and I also think
that with two_acres, this is 1.9, I think that within two acres
there's enough leeway so that we can locate the house with suffi-
cient clearance from the other house, which is just the two of
US.
MR. CHAIRMAN: Thank you, Mr. Bayley. Yes?
ROBERT W. GILLISPIE, III: I would like to add that this
proposed lot, which is almost 1.9 acres is more than twice the
minimum requirements of square footage for a building lot in this
Town, and I think the Board of Health would bear up the fact that
Page 12
Southold Town Board of Appeals
February 12, 1981 Regular Meeting
(Mr. Gillispie continued:)
that would be more than sufficient area in which to filtrate
waste from any dwelling-so that it shouldn't bother Mr.'Paul's
drinking water.
MR. CHAIRMAN: Thank you.
MR. PAUL: I would like to add I believe that's an assumption
and not proven in'this case where there is such a downhill area.
He's assuming that it will not bother my'drinking water, or even
his as far as that goes.
MR. CHAIRMAN:
us in here can--
Well that's something I don't~think any of
MR. PAUL: I'm not arguing that point, but as far as my buying
that piece of property, I would assume that it would work on the.~,_
direction of widening my line, which is a very narrow lot -- I
guess only about eight feet wide. I have more to gain myself by
widening of the 100' lot.
MR. CHAIRMAN: Does anyone else have anything they would
like to say on this? Board members? (Negative). Well, I'd
like to offer a resolution to close ~the hearing and reserve deci-
sion until we can study this a little bit more.
MEMBER DOUGLASS: Seconded.
On motion by Mr. Grigonis, seconded by Mr. Douglass, it was
RESOLVED, .to close the hearing and reserve decision in the
matter of Robert T. Bayley, Appeal No. 2784.
Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goeh-
ringer and Sawicki. Absent was: Mr. Doyen.
After the hearing, Mr. Robert Paul asked whether he was
required to sign a "Return Receipt" from the post office ~o
acknowledge receipt of Mr. Bayley's Notice of Variance; and
Mr. Paul was_ advised that it was not required by the Code regu-
lations.
PUBLIC HEARING: Appeal No. 2779. Application of Michael
Caprise, No. 8 the Pines, Old Westbury, NY-for a Variance to
the Zoning Ordinance, Art. III, Sec. 100-32 for permission to
construct accessory building in frontyard area ~at 345 North
View Drive (a/k/a 370 South View Drive), Orient, NY; bounded
north by North View Drive; west by Robertson; south by South
Z.B.A. NOTE:
280-a Was granted without condi-
tions 7/9/64 to Edward Ford.
Private Road #10.
280-a was conditionally granted
to R.T. Bayley 11/81 requiring
4" stone blend.
Mr. and Mrs. Holzapfel purchased
lot this month from C. Stewart
without knowledge of the 4"
of stone blend requirement and
ask some relief from that.
They will improve road to
satisfaction of ZBA (letter
attached) .
To: Zoning Board of Appeals
From: John and Joyce Holzapfel
Board of Appeals
To ,vn of Southold
As recent owners of County Tax Map Parcel number
1,000-87-1-23.8, we are seeking relief on Town Law 280 a as
discussed in appeal ~ 2784 rendered Oct. 15, 1981. We are
requesting to improve private road ~ 10 which extends from
South Harbor Road to our property - a distance of
approximately 600 feet. We would find it a hardship to
widen the present road due to the fact it would require the
removal and relocation of a number of neighbor's fences.
We would find it very uncomfortable to move into a
neighborhood where we would have ~e ask neighbors to move
their fences that have existed for many years. If the
relief is granted the improvements on the road made by us
would be a benefit for our neighbors and the Town.
We are high school science teachers and also adjunct
professors at Suffolk County Community College and we intend
to make our permanent and only residence on this property.
We plan to build a single family residence that would
produce no substantial change in the character of the
neighborhood if this relief is granted.
We would like to give you an outline of what we have
done in acquiring th? .ind.
We had been searching for a historic home in the
Southold area for the past two years. When we were unable
to find a suitable home, we then decided to buy land and
reproduce a"new" historic home, modeled after a 1700
Southold home that we had seen but was unavailable for
purchase. We then began looking for property to build.
After spending several months, we decided on the
Stewart parcel. It took another 6-8 weeks of investigating
covenants, getting surveys and obtaining Lilco estimates
while also contacting several builders for bids. We decided
on Mr. Robert Tacke who has great experience in building
colonial home reproductions. We took much time with him
planing and adapting "new" house plans to the original
authentic colonial we saw in Southold. We hope to maintain
the historic flavor of our home by using authentic
materials.
We found a purchaser for our present home in Wading
River in September. These people were willing to wait
until April to move in thus providing us with the time to
build our home.
During the end of November, our builder submitted our
plans to the Health Department for approval. He received a
letter indicating a D.E.C. permit would be required to
proceed any further. We contacted and met with the D.E.C.
and a permit was granted after gathering the additional
surveys,pictures, house plans and sending a covering letter.
This required another 3-4 weeks. Immediately after receiving
the D.E.C. permit in January we closed on the property and
our builder reapplied to the Health Department. Last week,
the Health Department okayed the plans and our builder went
to the Building Department.
After the closing on the land we were given a folder of
information by the real estate broker which we looked at
over the weekend and saw something that referred to Town Law
280 a . We called the Town and on Tuesday Jan. 17 went to
the Planning Department for further information. At this
time, John meet our builder submitting our plans. We
eventually found out that the Zoning Board Of Appeals has'
jurisdiction over this matter. After meeting with Linda on
Thursday, she explained that we should write a letter
detailing our hardship and seeking relief from Town Law 280
a.
We have worked very hard in obtaining as much
information as possible. We are not developers and only wish
to make our permanent residence in Southold on this 2.8 acre
piece of property. If we cannot build our home , it seems
that no one will be able to do anything with the property.
We have invested our savings in the purchase of this
property as well as sold our present home, which we must
move out of by April. We want very much to build our home
in the area but would find it a great hardship for two
people to have to carry out the task of resurfacing and
widening the road as indicated in appeal ~2784. We fully
understand the necessity of having good road access for
emergency vehicles and are willing to do something to
improve the conditions of the present road.
We are people of limited means but are willing and
anxious to do whatever we can to meet the needs of the
community.
After speaking with Linda on Thursday January 19, we
went to private road number 10 and found to the best of our
ability considering the snowfall a width of 9-11 feet at the
narrowest points of the road. It is questionable in our
minds, if it is possible to even widen the road beyond its
present width without causing severe hardship and
inconvenience on the present property owners adjacent to the
road. We personally do not want to cause any problems for
these people. We understand you are aware of the present
road condition.
Immediately on Friday January 20 , we contacted our
builder and asked him about possible solutions to the road
improvement. Over the weekend,he was able to get an
estimate and was told that a 10 foot wide road of 600 feet
to a depth of 3 inches of 3/4 inch stone blend would cost
approximately two thousand dollars. It was also suggested
to us that the possibility of smoothing the road with a
grader and filling in any low areas might suffice and meet
the needs of the Town requirements. We would be willing to
take on such an improvement at our expense.
If the above is acceptable, we would like to ask for a
conditional variance . Considering the winter months and
the influx of construction vehicles, we would like to
perform the work on the road during the last phases of house
construction. If authorized to do this we would like our
builder to start right away. The granting of a certificate
of occupancy could be held up until the road improvements
are made.
We appreciate your time and consideration in this
matter. We are sure you can understand our great need for
this relief and would appreciate any consideration that you
can give at this time. We certainly hope you can help us in
some way resolve our great difficulty.
John and Joyce Holzapfel
S°u,hold Town BOard of Appeals
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR., CHAIRMAN
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER
JOSEPH H. SAWlCKI
December 7, 1981
Dear Sir:
Attached herewith is a copy of the formal findings and
determination of the Board of Appeals recently rendered and
filed with the office of the Town Clerk concerning your appeal.
In the event your appeal was approved, please be sure
to return to the Building Department for approval of any new
construction or certificate of occupancy or use of the premises,
as may be applicable in your case.
If you have any questions, Please do not hesitate to call
either our_office or that of the Building Inspector at 765-1802.
Yours very truly,
CHARLES GRIGONIS, JR.
CHAIRMAN
By
Secretary
lk
Enclosure
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- E~TATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71
TELEPHONE (516) 765-1809
November 6, 1985
Mr. and Mrs. John Holzapfel
P.O. Box 210
Southold, NY 11971
Re:
Appeal No. 2784 - Robert T. Bayley
Variance for Approval of Access (280-A)
Conditions Pending
Dear Mr. and Mr.s. Holzapfel:
This letter will confirm a telephone conversation
between our office and you on Monday concerning the pending
conditions of our October 15, 1981 decision rendered under
Appeal No. 2784.
We have been advised that we are without authority to
vary or amend the October 15, 1981 decision and conditions
without a public hearing, renotification, etc.
As requested, we have forwarded to you under separate
cover a set of forms for an application for a variance under
N.Y. Town Law, Section 280-A.
Please don't hesitate to give us a call if you have
any questions.
Yours very truly,
lk
CC:
Building Department
GERARD P. GOEHRINGER
CHAIRMAN
Memorandum from... ·
Southold Town Board of Appeals
TOWN HALL, SOUTHOLD, N.Y. 11971
765-1809
'Date: 10/8/84
To:
Building Department
From: Jerry Goehringer, Chairman
Charles Grigonis
Re: Holzapel C/O - Bayley R-O-W, Southold
Upon inspection of theP'right-'of-way
today, we find that the appropriate
improvements have not been made.
This inspection was made pursuant to
.Walt's request of a pending C/O.
We ask that When the improvements
have been made, that we be informed
in writing by either the property
owner or his agent, for a final
inspection.
Southold Town Board of Appeals
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
January 26, 1984
Mr. and Mx's. John Holzapfel
9 Hunters Trail
Wading River, NY 11792
Re: Private Road #10 at Southold
Dear Mr. and Mrs. Holzapfel:
Please be advised that the board members reviewed your
request of January 24, 1984 at their Regular Meeting held
last evening, and the board unanimously voted to allow for
relief by way of regrading and application of two inches of
packed stone blend as indicated in the attached findings
and determination.
If you have any questions, please don't hesitate to
call our office.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
Enclosure ~
cc: Building Department
Mr. John W. Davis
P.S. Before a certifiCate of occupancy may be issued for any
new structures, an inspection of these right-of-way improve-
ments and acceptance thereof should be requested.
Southold Town Board of Appeals
MAIN ROAD-STATE RE3AD ~-S srlUTHI3LD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 2784 And 688
Application Dated January 24, 1984 (letter)
TO: Mr. and Mrs. John Holzapfel
9 Hunters Trail
Wading River, NY 11792
[Appellant (s) ]
Mr. Robert T. Bayley
At a Meeting of the Zoning Board of Appeals held on "January 25, 1984
the above appeal was considered, and the action indicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[ ] Request for Variance .to the Zoning Ordinance
Article , Section
IX]
Request for Relief from the usual requirements for
new right-of-way improvements, i.e. Appeal No. 2784
as rendered October 15, 1981 (R.T. Bayley) Condition
No. 3(a & b).
WHEREAS, correspondence dated January 24, 1984 was received from
Mr. and Mrs. John Holzapfel, new owners of a parcel of land located
at the easterly section of a private right-of-way known as Private
Road #10 and located at the east side of South Harbor Road, Southold,
the subject parcel being identified as County Tax Map District 1000,
Section 87, Block 1, Lot 23.8; and
WHEREAS, subsequent to 1981, this department has had road committee
meetings with other departments concerning the burden of the require-
ments in improving certain well-traveled existing rights-of-way; and
WHEREAS, it is the opinion of this board and the building inspector
that some relief should be given to the 1981 Z.B.A. req6irements which
are normally applied to new or lightly traveled rights-of-way, parti-
cula~ly".§ince this road has a good base; and
WHEREAS, a Z.B.A. decision rendered July 9, 1964 in Appeal No. 688
accepted the width of this right-of-way; and
WHEREAS, in relieving th~ 1981 road specifications for this
right-of-way, it is noted for the record that it is not'the intention
of this board by this action to reopen or change any previous variances
which involved this right-of-way or to extend the period of time allotted
for appea~s;
NOW, ~HEREFORE, on motion by Mr. Grigonis, seconded by Mr. Goeh-
ringer, it was
RESOLVED, that the following specifications be added to allow
substitution i~ the means of improving this right-of-way from those
originally required by this board's October 15, 1981 decision:
(1) That the first 450 feet of the subject right-of-way shall
be regraded to eliminate potholes and shall be improved a minimum
width of ten feet with two inches [2"] of packed stone blend, and
(CONTINUED ON PAGE TWO)
DATED: January 26, 1984. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS ,
Form ZB4 (rev. 12/81)
Page 2 - January 25, 1984 Action
Concerning Appeal No. 2784
Matter of ROBERT T. BAYLEY/JOHN HOLZAPFEL
(2) That the access road shall be regraded to eliminate potholes
and be improved to a width of 15 feet commencing at a point approxi-
mately 451 feet from South Harbor Road within the legal right-of-way
and extending to the premises in question, now or formerly of Stewart
and idenfified as County Tax Map No. 1000-87-1-23.8, and
(3) That a clearance of a full 12 feet in width,.~ln~lu~ing
the clearing of all branches and limbs, for suitable access by
emergency vehicles, shall be maintained at all times. ~
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, G~igonis,
Douglass and Sawicki. This resolution was unanimously adopted.
GERARD P. GOEHRINGER, CHAIRMAN
January 26, 1984
)day' s Date:
'~rbbers Absent, if any:
'0
peal No.P O -
~e o~Variance or Appeal: ~_ ~ ~~~ O~ ~ ~*~~
O~Charles &erie ~Robert ~.Gerard ~osep~.
~r~goms oo~n woug~ass ~oenr~nger . ~awmK~ · .
~sol'ution made by: ( ) ( ) ( ) '(~) '" ( ' )
~co. Ue~ by: (~ ( ) (')' ( ' ) ( )
:tion:
( ) Approve as applied for
( ) Deny as applied for
( ) Deny
( ) Oeny without prejudice
( ) Withdrawn without
Prejudice
( )
(~') Approve With the followin9 .conditions: : _ .
-%,.z -Z,:~,- ~o' ~ /~' ,~'d_~
o //
( ) Subject to County Plannin9 referral .'.
) .,Subject to Pl:anninq Board approval
) Subject to D.E.C. reciulations ( )
Other:
ndings of the Board are as follows:
Other:
Not Within the Character of the Neighborhood
Variance is Substantial in Relation to Code
Not .in hajq~_._gny Hith purposes of the Code
Hardship not sufticient
Circumstances are. Not Unique
Will set a precedent fn the neighborhood
Area is already very congested
Interests of justice served by denying
Xe of the Board: Ayes: (
Nay: ( ) () ()
Abstain: ( ) ( ) ( )
Absent: ( ) . ( ) ( )
)tes:
) Granting_ the Relief Requested is within
spirit of the zoning code :
) Relief is not substantial
) 'Burden of hardship or difficulty Shown
) Circumstances are unique
) Variance will not change character of
the neighborhood
) Interests of Justice 'served by 9ranting
) Other for Dtions
(/) GG
.()
()
()
Special ExCe
(/5 SS '
()
()
()'
RESOLVED, that the applicant be ~ranted approval of access
pursuant to New York Town Law, Section 280-a as applied for in
Appeal No. AND.SUBJECT TO THE FOLLOWING CONDITIONS:
1. Such access road must have a width of not less than
~feet and be cleared of all trees, brush and other obstruc-
tions to a width of ~feet.
2. Such access road shall be improved in either of the
following two methods:
(a) Surfaced with a minimum depth of four inches of
packed three-quarter-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 application of packed blend to a
depth of four inches, OR
(b) Have topsoil removed to a depth of eight inches
and then filled with eight inches of a good grade stone and
sand bank run. The surface shall then be covered with a layer
of two to four inches of three-quarter-inch stone blend, or
in the alternative oiled with a minimum of four-tenths of a
gallon of road oil per square yard.
3. 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.
4. Where the terrain of the land over which such access
road is traversed is such that drainage problems may occur,
the applicant and/or owner shall be required to construct such
drainage facilities as may be recommended by the Town Engineer.
5. That this access road be approved by the Board of
Appeals, Town Inspector or Town Engineer, or Town Building
Inspector as to meeting the above requirements.
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,
has been published Jn said Long Island Traveler-Watch-
man once each week for ............... .~ ....................... weeks
suCcessively, commencing on the ...... ..~.. ..........................
day ~ ......... ~..~.. .................... : ......19...~..~.
/x~_.S~°rn ~efore me this ................................ day of
Notary u 'c~
EDITH A. ~
NOTAry PUBLIC, State ~f
No. 52-4~02497
Q":~iified in Suffolk Ceun~
Commission Expires March 30,
York, N.Y. 10011 (Robert W.
r,~mtnle in as ~eent), for a
>cesst New York Town Law
Section 280A. Location of_
Property: Right-of-Way off the,
east side of South' Harbor
J~md~ Southold, N.Y.; bound-,
ed north by Stewart and
.Frennd: west by Paul; south
by the bayl east by Balle,nl~er;
County Tax Map Parcel Item
8:10 p.m. Application of
Nina S. Fischer, Indian Neck
Lane, Peconic, N.Y. for s
Variance to the Zoning Ordin-
ance, Article Ill, Section 100-
31 for permission to construct
addition to existing dwelling
with an insufficient sideyard
setback at 7130 Indian Neck
Lane, Peconic; bounded north-
west by Cukor; southwest by
Hog Neck Bay; northeast and
southeast by Prellwitz. County
Tax Map Parcel Item No.
-1000-86-7-8.
- 8:20 p.m. Application of
Lenore Adamson, 55 Ships
Drive, Southold, N.Y.. (by
sion to-utilize B-1 General
Business Zoned premises for
manufacturing at 45655 C.R.
r~ and Youngs Avenue, South-
old, N.Y.; bounded north by
Harris and Dickerson; west by
Youngs Aven.; south by C.R.
48; east by Edson.
2-16. . -
9:35 p,m. Application of
Warren E. Hufe, Jr. and Ellen
Hufe (for Future Screw, Inc.),
North Road, Southold, N.Y.
for a Special Exception to the
Zoning Ordinance, Article
VIII, Section 100-80(B)for
permission to utilize the sub-
]ect premises for Light Indus-
trial Use. Location of Property:
45655 County Road 48 (a/k/a
3750 Youngs Avenue), South-
old, N.Y.; oounded north by
Harris and Dickerson; west by-
Youngs Avenue; south by C.R..
48; east by Edson. County Tax
Map Parcel Item No. 1000-55-
2-16.
9:35 'p.m. Application of
Warren E. Hufe, Jr. and Ellen
Hufe (for Future Screw, Inc.),
~nomas F..Day, Esq.) for a North Road, Southold, N.Y.
"--i~nbe ~t5 the Zoning Orclin- ·-;. for a Special Exception to the
'° .... ~ ~-~:-_ ' - - ml_~
Matthew McKiernan.
Dsti~"d: October 2, 1981.:
~;'. SOUTHOLD TOWN
~=i' BOARD OF APPEALS
:!'~.' ' IT.10/8/81(8)
"7. ' ' ..
COUNTY OF SUFFOLI/,
STATE OF NEW YORK, ~ ss:
Troy Gustavson
...................................... being duly Sworn,
says that ... he., is Printer and Publisher of the SUFFOLK
WEEKLY TIMES, a newspaper published at Greenport, in said
county; and thut the notice, of which the annexed is a printed
copy, has been published in the said Suffolk Weekly Times
once in each week, tot ....o.n.e. ..................... weeks
successively commencing on the .... 8..t.h. ..................
day of.., .O.c..~p_~e~ ....
Sworn to before .~....8~hl
day of .0. ol;D.b~. ......... 19. ~,
.................
HELEN K. DE VOE
NOTARY PUBLIC, State of New York
No. 4707878, Suflolk County..
Term E~(mres M~ch ?" .... ~ :t
Legals
LEGAL NOTICE
NOTICE IS HEREBY
GIVEN, pursuant to Section
267 of the Town Law and the
Provisions of the Amended
Cede 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 South-
old Town Hall, Main Road,
Southold, NY on Thursday,
October 15, 1981 commencing
at 7:15 o'clock p.m. as follows:
7:15 p.m. Application of
Carl H. King, 350 King Street,
Orient, NY for a Variance to
the Zoning Ordinance, Article
III, Section 100-32 for permis-
sion to construct accessory,,
building in the frontyard area
at 350 King Street, Orient;
bounded north by Navy Street;
west by Shaw and Nolan;
south by King Street; east by
Tyrrell; County Tax Map Par-
cel Item No. 1000-26-1~27.
7:20 p.m. Application of
Pequash .Recreation Club,'
Inc., Box 902~ West Road, Cut-
chogue, NY (by Richard F.
Lark, Esq.) for a Variance to
the Zoning Ordinance, Article
III, Section 100-35 for permis-
sion to construct fence along
frontyard area exceeding the
maximum height require-
ments for fences. Location of
Property: 205 West Road, Cut-
chogue; bounded northwest by~
Morris; southwest by Cut-
chogue Harbor; northeast by
West Road; southeast by Cut-
chogue-NeWSuffolk Park Dis~
trict; County Tax Map Parcel-
Item No. 1000-110-7-12..
7:30 p.m. Application of
Virginia L. Wickham, 105 OJd~
Harbor Road, New Suffolk~'~'~
NY for a Variance for ap,.
proval of access, New York
Town Law Section 280A. Loca-
tion of Property: 105 Old
Harbor Road, New Suffolk;-
bounded north by Wickham;
east by Cutchogue Harbor;
south by Wickham; west by H.
Wickham; County Tax Map
Parcel Item No. 1000-117-3-1.
7:40 p.m. Application o{/
Toba Laja Orro, 187 Berry Hill
Road, Syosset, NY 11791, for a
Variance to the Zoning Ordi-'., '.
nance, Article III, Section 100- i
31 for permission to build new'
house with insufficient front
and rear yard 'area at 435'
Cleaves Point Road (a/k/a
1945 East Gillette Drive), East
Marion, NY; Marion Manor
Subdivision, Filed Map No.
2038, Lot No. 83; further iden-
tified as County Tax Map
Parcel Item No. 1000-38-4-27.
7:50 p.m. Application of
Toba Laja Orro, 187 Berry Hill
Road, Syosset, NY for a Var-
lance to the Flood Damage
Prevention Law of the Town of
Southold, Section 46-18 for per~/
mission to construct basement
floor below the minimum base
flood elevation requirements
at 435 Cleaves Point Road,
East Marion, NY; Marion
Manor Subdivision, Filed Map
No. 2038, Lot No. 83; further
identified as County Tax Map
Parcel Item No. 1000-38-4-27.
7:55 n.m. Rehearing. Appli-.
cation of Robert T.' Bayley, 55
' West 16th Street. Ne~ York,
NY 10011 (Rober{ W. Gill~spie
. III as agent), for a Variance~
for annr0val of access, New
York Town Law Section 280A~
L~ation of Pronerty: Right~
of-Way off the-east side o{
South Harbor Road. Southold!
NY; bounded north l~y Stewart~-
'and Freund; west ]~y Paul; ·
'south by the bay; east by ~
~aJ{en~er: counW 'lax Ma~
,Parcel Item No. 1050-87-1-21.
8:10 p.m. Application
Nina S. Fischer, Indian Neck.
Lane, Peconic, NY for a Var-
iance to the Zoning Ordinance,
Article III, Section 100-31 for
permission to construct addi-
tion to existing dwelling with
an insufficient sideyard set-
back at 7130 Indian Neck
· Lane, Peconic; bounded north- -
west by Cukor; southwest by
Hog Neck Bay; northeast and ,
southeast by Pi~ellwitz~ Cohnty~ ....
Tax Map Parcel Item No.
1000-86-7-8.
8:20 p.m. ' Application of/
Lenore Adamson, 55 Ships
Drive, Southold, NY (by
Thomas F. Day, Esq.) for a
Variance to the Zoning Ordi-.
nance, Article III, Section 100--
31 for approval of insufficient
area for division of premises
located at North Bayview
Road and Ships Drive, South-
old, NY; hounded north by
North Bayview Road; west by
Ships Drive; south by Mullen~
east by Reese. County Tax
Map Parcel Item No. 1000-79-.
3-9 & 10.
~:35 p.m. Application of
Joseph L. Lizewski. Main
Road, Cutchogue, NY (by Wil-
iiam H. Price, Jr., Esq.) for a
;~' Variance to the Zoning Ordi;/
~.. nance, Article III, Section 100-
'- 30 for permission to construct
professional office building in
an A-Residential and Agricul-
tural Zone with existing dwei-
ling use at 29325 Main Road
(a/k/a 320 Depot Lane), Cut-.
~- chogue; bounded northwest by
Fogarty; southwest by Depot
Lane; northeast by Dunne;
southeast by Main Road.
County Tax Map Parcels No.
1000-102-2-12.1 and 11.
~' 8:50 p.m. Application of
Dominick and Rose DeMaio,
by William J. Jacobs as agent,-
c/o Box 199B, Depot Lane,
Cutchogue, NY for a Variance
to me zoning Ordinance, Art-
icle III, Section 100-31 for~-
permission to construct new'
dwelling with insufficient front
and rear yard areas at Cedar~
Point Drive West, Southold,~%
NY; bounded north by Cedar ~
Point West; west by Giorda-
no; south by West Lake; east
by Soverei; County Tax Map
~.~ Parcel No. 1000-90-1-4.
~ 9:00 p.m. Application of
Nicholas D. Yuelys, 50005
County Road 48, Greenport,
.NY for a Variance to the
Zoning Ordinance, Article III,
Section 100-32 for permission
to construct accessory build-
ing (garage) in the frontyard
area at 56005 County Road 48,
Greenport, NY; bounded north ,
by L.I. Sound; west by Chu-/
dan; south by C.R. 48; east by
Atway. County Tax Map Par-
cel Item No. 1000-44-1-19.
9:15 p.m. Application- of
'Y'Victor L'Eplattenier, Box 361,',
Peconic, NY (by Rudolph H.
Bruer, Esq.) for Variances:
(1) for approval of access,
New York Town Law Section
2~0-a and (2) to the Zoning
Ordinance, Article III, Section
100-31 for permission to build
new' dwelling with insufficient
~front and rear yard setbacks
'at Lake View Avenue and
Dickinson Street, Peconic; .
NY; bounded by Dickinson
Street; west by Lake View'
Ave.; south by Garrido; east
by Garrido; further.identified/
as Subdivision Lots No. 57 and
58, Peconic Shores Subdivision
duly Sworn.
'~e SUFFOLK
;nport. in said
~d is ~ printed
~eekly Times
....... weeks
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 2,5 SOUTHOLD, L.I., N.Y. 119'71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR., CHAIRMAN
SERGE DOYEN, JR.
T.",q R',' TUT;::LL
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER
Joseph H. Sawicki
June 4,.1981
Mr.-Robert T. Bayley, A.I.A.
P.O. Box 456
Southold, NY 11971
Re: ~Appeal No. 2784
Application of Robert T. Bayley
Request dated May 12, 1981
Dear Mr. Bayley:
Please be advised that the following action was taken
by this Board at a Special Meeting held May 22, 1981 con-
cerning the above appeal:
BE IT RESOLVED, that a rehearing be held in the matter
of Robert T. Bayley, Appeal No. 2784, at a time and date to
be determined at the earliest possible time by this Board.
This resolution was unanimously adopted.
CG:lk
Yours very truly,
CHARLES GRI~.
CHAIRMAN
(page l)
Mr. Charles Grigonis, Jr.
Chairman
Southold Town Board of Appeals
Main Road
Southold, New York 11971
P.O. Box 456
Southold, N.Y. 11971
May 12, 1981
Re: Appeal No. 2784- Robert T. Bayley (Approval of Access)
Dear Mr. Grigonis, Jr. :
I am in receipt of the filed decision dated 4/30/81 of my recent
appeal before the Board of Appeals. While I am pleased that the
Board voted in fovor~ of my request I am appealing the conditions
under which the variance has been granted as follows:
1. I cannot comply with condition (a), namely, "that the access
road shall be improved and unobstructed for a minimum width of 15
feet" because I do not own the land and my right-of-way over that
portion which I do not own is considerably less than 15 feet wide.
Perhaps Mr. and Mrs. Lavinia or others have a 15 feet or more
right-of-way over this land, I do not.
2. The location of the access road is such that at the first
section of road nearest to the Town Road (South Harbor Road)
there are steep banks of earth, privately owned fences, landscaping
and trees, as well as other improvements which would prohibit
the "improvements" required by the Board. To disturb these physical
features to widen the road to 15 feet would be destructive of
property, ecologically unsound, prohibitively expensive, and
totally unacceptable to any of the residents.
3. At the present time fuel oil trucks, emergency vehicles, and
service trucks have no trouble using the existing access road
which is 8 feet wide in places.
4. As far as I know none of the property owners served by this
access road want the road widened or otherwise "improved". Once
a year a contractor is employed to regrade the bad spots and fill
any holes as part of an annual maintenance program. This work is
generally done in the late spring but has not been done yet this
year. Several families served by this road have young children
(including my own) and we do not want to encourage high speed
travel and easy access by the public.
5. Item (d) requires me to "construct such drainage facilities
as may be recommended by the Town Engineer". This means I would
have to do anything the Town Engineer requires. How can you
possibly require me to do something with no limitations?
Furthermore, this road has no drainage problems at present.
(page 2)
Re: Appeal No. 2784- Robert T. Bayley (Approval of Access)
(continued)
6.Why am I being asked to bear the enormous cost of making road
"improvements" to a private road on land owned by others when
other owners who have previously subdivided land who are also
served by the access road have not been asked to do so?
7. At the public hearing conducted to review my request, one of
my neighbors, Nr. and Nrs. Paul, objected to my request for
approval of access to subdivide on the grounds that the access
was inadequate then later in the meeting (at which I was present)
publically admitted that the real reason they objected to my
application was because they,did not want to see another house
built in their vicinity! Ny proposal is to subdivide one lot
into two with both lots becoming nearly two acres in size. The
sum total of my proposal would be only one additional family to
add to the existing population sharing the access road. Ny own
family would continue to live on one of the two parcels.
Yours tr~,
cc: Robert W. Gillispie, III
0
Southold Town Board of Appeals
MAIN ROA[~- STATE ROAD ~-5 SOUTHOLD, L.I., N.Y. 11c371
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR., CHAIRMAN
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER
Joseph H. Sawicki
April 30, 1981
To:
Mr. Robert W. Gillispie, iii
Mr. Robert T. Bayley
Re: Appeal No. 2784 - R~berti~T. Bayley (ApProval of Access)'
Dear Sir:
Enclosed herewith is a copy of the filed decision of your
recent appeal before the Board of Appeals for a variance or
special exception. Please be sure to return to the Building
Inspector for approval of the building permit and/or certificate
of occupancy and that compliance has been met with all applicable
conditions of your variance prior to the issuance of same when
appropriate.
If you have any questions, please do not hesitate to call.
Yours very truly,
CG:lk
Enclosure
CHARLES GRIGONIS, JR.
CHAIRMAN
1V[ar chl
9, 1981
Re:
Application from Robert T. Bayley
Appeal # 2784
Gentlemen: -
In response to your letter dated March 4, 1981 asking for a copy of the deed showing
the exact size of the right-of-way from South Harbor Road to the subject property, I
have not been able to secure such a deed.
The deed into Mr. Bayley from the Estate of Hedvig P. Terry is inconclusive
(copy enclosed) and the deed into Beaudin from Freund is equally inconclusive. A copy
of the pertinent section of that contract of sale enclosed herewith.
Also enclosed is a copy of a survey made February 26, 1970 by Van Tuyl & Son for
Ralph & Anna Lavinia which shows the right-of-way from South Harbor Road to property
of Wells.
I trust this information will be sufficient and will allow you to proceed to grant
Mr. Bayley ' s application.
Sincerely,
TO
Southold Town Board of Appeals
Chairman, Charles Grigonis, Jr.
Main Road
Southold, N.Y. 11971
L
Robert W. Gillisp! III
THE NORTH FORK AGENCY
RE,IL F,$T,4TF,
Robert ~r. Gillispie III, Broker
I~ORTI{ ROAD $OUT[IOLD, N. ¥. 11971
Phono: 516 - 765-9250
· .. ' ' ~)~t~ .7.. ' S even ty- s ix ', ',.; '.:"
~:.~ E';~'ALBERTSON, residing at Pine Neck
Southold, N.Y., GEORGE N. TERRY, residing at Mill!'Col0ny
), South°Id, N.Y. and MARION T. STROHMEYER,
:-l~-"-~eVerly"Roa~; Hamden .Conn. as individuals, and:
:,') '.?/m '~ ~ ','"""" 2' ''~
".:' Y rxiu
"~.~Cu_~e) .... " ' . ....
· ../,- '~ .,,.., ..... . -... .. , . .
:'.' ~~ ~' ~OUS~ ~ 00/~00 ......................... ~
(~ 9~)000,00' '~'~ :):~ m.on~ o/the U)~ed
paid b~ the par~ o/the ,eco~ pa~t~,-'./ ;]
does hereby ~nt'a:nd. release unto the par~ of the second part,
h~s he,rs successors and assi~ 0 · ' '
' ~ reter, all,.<,:
'-. that certain plo~,' p~ece or parcel of land, s~tmte, ly~g ~d bang
at South Harbor~- To~ of Southold~ County of SUffolk ~d State
New York, bo~ded and described as follows:
BEGI~ING at-a ~int' on the northerly side of Pectic ~y at the
Southeast Corner of the hereinafter described praises and the sou~'~,~.~
west corner of the land now or formerly of Ballenger; r~n~g t~e ..~Q:
al~g the northerly side of Pectic Bay, on a tie line bearing
86~. 20' 30" West 248.87 feet to the southeast corner of l~d n~ or <,'.:
formerly of DaVison; th~ce along said land the foll~ng 2 co, sas .>,.-
and .distancesl (1) North 1~ 37' 10" East 820 feet; (2) North 29~
10" ~st 157.22 feet to the westerly side of land now or formerly of
Freund; thence along said land the following 5 courses '~d distich:
(1) South 27~ 01' 30" East 121.68 feet; (2) South 17~ 15' 00" ~st :.
258.07 feet; (3) South 9~ 11' 30" East 121.01 feet; (4) South 3~
37' 20" East 158.32 feet; (5) South 24~ 53' 00" East 76.06 feet to
the westerly side of l~d now or formerly of Believer; and th~ce
al~g said land South 9° 00' 00" West 285 feet to the northerly side
of Peconic Bay at the point or place of Beginning. ' ...,
~E~ER with all right title and interest of the Party of ~e Fi'r~=~:-:'''
part of' in ~d :to the beacI% strand and waters bel~ ~he P~~ ~y
adjo~ing the subject premises on the South. ' ....
~GE~ with a right-of'waY for ingress and egress over ~ -.,..:
~ist~g right-of-way from the Northerly portion of the s~Jeot (,<,~.'-
presses to South Harbor Road. '
~GE~ with ~d subject to a right-of-way al~g the Easterly l~e ';')'~,
of ~ subject praises and over the l~d now or formerly of Fred ''
RIDER attached to and forming a part of
Contract of Sale between RUSSELL N. FREUND,
as Seller and JOSEPH BEAUDIN and MICHAELENE
BEAUDIN, his wife~ as Purchasers.
RUNNING THENCE along the northerly side of said right of way
North 74 degrees 24 minutes 50 seconds West, 32 feet more or
to the point or place of beginning.
BEGINNING at the northwesterly corner of the land of the
party of the first part, distant 7 feet more or less on a line
bearin South 29 degrees 29 minutes 20 seconds West from a
m~n,,me~t at the southeasterly corner of the land. of Masuire~ .....
nce South 27 de rees 01 minutes 30 seconds East
running the g .
feet; running thence South 17 degrees 15 minutes East 27 feet
TOGETHER with a ri ht of way for all purposes, in common with
g ~ · f
others over a 50 foot road or right of way, the centerl~ne o
which is described as follows:
BEGINNING at a point on the center line of the "Old Woods
Road" distant 241.62 feet on a line bearing South 27 degrees
minutes 30 seconds East from the northwesterly corner of lands of
the party of the first part; running thence due East 115 feet;
running thence South 48 degrees 25 minutes 20 seconds East, 374.48i
feet; thence South 74 degrees 24 minutes 50 seconds East, 198.84
feet.
TOGETHER with a right of way in common with others for all
poses over the "Old Woods Road", commencing at the point where
extension due West of the southerly line of the roadway last
described intersects the westerly line of said "Old Woods Road"
and running in a northwesterly direction over the entire width
said "Old Woods Road" to and from South Harbor Road.
PURCHASER, their successors and assigns agree that they will
accept a conveyance of the bed of any road abutting the above des-~,,. '
cribed property to the center line thereof, when and if,offered
the Seller or his successor in interest. This covenant shall be
in the Deed and shall run with the land.
TOGETHER with a right of way in common with o~hers, for all pum-
poses, over a 25-foot strip the southwesterly line of which is -~
the center line of'Old Woods Road'~ which southwesterly line is
described as follows:
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71
TE LEPHO NE (516) 765-1809
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR., CHAIRMAN
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER
Joseph H. Sawicki
March 4, 1981
Mr. Robert W. Gillispie, III
North Fork Agency
Box 1112
Southold, NY 11971
Re: Appeal No. 2784- Robert T. Bayley
Dear Mr. Gillispie:
On March 3, 1981 the Board requested'that this letter
be sent to you requesting that a copy of the deed showing
the exact size of the right-of-way be forwarded to our
office as soon as possible.
If you have any questions, please do not hesitate to
call.
Sincerely yours,
CHARLES GRIGONIS, JR.
CHAIRMAN
By: L. Kowalski, Sec.
P!
TO
S!
,D
HENRY E. RAYNOR, Jr., Chairman
~'AME8 WALL
BENNETT ORLOWSKI, Jr.
GEORGE RITCHIE LATHAM, Jr.
William F. Mullen, Jr.
Southold, N.Y. 11971
TELEPHONE
765- 1938
February 11, 1981
Mr. Charles Grigonis, Chairman
Zoning Board of Appeals
Town Hall
Southold, New York 11971
Dear Mr. Grigonis:
The Planning Board reviewed the request for approval of
access by Robert T. Bayley for property located at South Harbor
Road, Southold.
Its only concern was how many people use this right-of-way
and whether the division of the property would jeopardize the
traffic flow.
Yours truly,
HENRY E. RAYNOR~ JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Mur~el Tolman, Secretary
Southold Town Board of Appeals
IVlAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 31971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR., CHAIRMAN
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
GERARD P: GOEHRINGER
doseph H. Sawicki
TYPE II ACTION DESIGNATION
No'TICE OF NO IS'~'GNIFICANT EFFECT
UPON THE ENVIRONMENT
Pursuant'to Section 617.13 of the New York State Environmental
Quality Review Act (SEQRA}, Article 8 of the Environmental Conser-
vation Law, and Section 44-4 of the Southold Town Code, the South-
old Town Board of Appeals has determined the following-described
project is classified as a Type II Action, not having significant
adverse effects upon the environment. Pursuant to Section 617.5(a)
of the New York State Environmental Quality Review Act, no further
determination or procedure is required herein. This declaration
should not be considered a determination~made for any other depart-
ment or agency which may also be involved or any other project not
covered by the within application.
Applicant has submitted an environmental assessment in the short
form which indicates that no adverse effects were likely to occur to
the environment.
The access road in question is not located within 300 feet of
tidal wetlands and does not appear to review review or permits from
the D.E,C. prior to the hearing and/or decision on this application.
~pl, plicant's Name: ROBERT T. BAYLEY. Appeal No. 2784.
Description of Project: Approval of access to proposed located
off South HarbOr~Road, Southold, NY, and more particularly designated
as 1000-87-1-21.
Date and Place of Public Hearing: 2/12/81 at 8:25 p.m. at the
Southold"'Town Hall, Main Road, Southold, New York.
Documents on File: Appeal Application, Notice to adjoining prop-
erty owners with mail receipts, Surveys or Sketches of the proposed
project, Notice of Disapproval from the Building Inspector, Notice of
Hearing, Environmental Assessment in the short form, photocopy of the
County Tax Map showing this property and the surrounding area, and
other documents as may be required.
Person to Contact for Additional Information: Linda Kowalsk~,
Secretary to the Board of Appeals, Town Hall, Main Road, Southold,
New York l1971. Telephone (516} 765-1809, or 1802 {Building Inspector}.
Dated: January 22, 1981.
Copies to.:
Applicant or his agent.
Town Clerk's Bulletin Board.
Supervisor, Town of Southold.
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cj'71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR., CHAIRMAN
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER
doseph H. Sawicki
TO:
SUBJECT:
Southold Town Planning Board
Appeal No. 2784 - Robert T. Bayley
Location of Property: R-O-W off East Side of
~outh Harbor Road, Southold, NY
DATE: .January 26, 1981 ~
Gentlemen:
Presently before this Board is an application of Robert T. Bayley
(by Robert W. Gillispie III as agent) for approval of access to
a proposed minor subdivision of land located off the east side of
South Harbor Road, Southold, New York.
Inasmuch as this is a matter that may be of interest to your
Board, we ask that you observe the plan proposed in this variance
application and if you have any comments you may wish to make
that you do so at this time, if possible.
Yours very truly,
CHARLES GRIGONIS, JR.
CHAIRMAN
CG:lk
LEGAL NOTICE
NOTICE IS HEREBY GIVEN, that all of the hearings to be
held by the Southold Town Board of Appeals on March 5, 1981
have been recessed until Thursday, March 12, 1981, which
said hearings will be heard at the same times as previously
advertised.at the Southold Town Hall, Main Road, Southold, NY.
· Dated: March 5, 1981. BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
CHARLES GRIGONIS, JR.
CHAIRMAN
Suffolk Times and Long Island Traveler Watchman:
Please publish the above legal notice once, to wit, Thursday,
March 12, 1981 and forward two affidavits of publication to:
Board of Appeals, Main Road, Southold, NY 11971. ~
765-1809.
Copies 'to:
Suffolk Times by hand Monday 5:00 p.m. 3/9/81.
L.I. Traveler by hand Tues., a.m. 3/10/81.
The following by mail 3/10/81:
Rudolph H. Bruer, Esq.
Abigail A. Wickham, Esq.
Richard J. Cron, Esq.
Mr. and Mrs. Leo Brac
William H. Price, Jr., Esq.
Mr. Alfred H. Goldsmith
Mr. and Mrs. George Sweeney
Posted on Town Clerk Bulletin Board 3/5/81.
Copy to Supervisor's Office 3/10/81.
Copies of Legal Notice 1/27/81:
Suffolk Times
L.I. Traveler
Town Clerk Bulletin Board
Supervisor
Mr. and Mrs. Robert Gazza
William H. Price, Jr., Esq. for North Fork Motel, .Inc.
Albertson and Katz
R.B. Hudson as agent
Robert T. Bayley
Mr. Robert W. Gillispie III for Bayley
Michael Caprise
Individual appeal files
Z.B.A. members
LEGAL NOTICE OF HEARING
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Provisions of the Amended Code of the Town of
Southold, the following matters will be held for public hearings
at the Southold Town Hall, Main Road, Southold, New York on
Thursday, February 12, 1981:
7:35 p.m. Application of Robert and Diane Gazza, 2850 Cedar
Beach Road, Southold, NY for a Variance to the Zoning Ordinance,
Art. III, Sec. 100-31 for permission to construct attached garage
with an insufficient frontyard setback at 2850 Cedar Beach Road,
Southold, NY; bounded north by Cedar Beach Road; west by D. Gazza;
south by Cedar Beach Harbor; east by Cedar Beach Harbor and unknown;
County Tax Map ID No. 1000-91-1-3.2.
7:45 p.m. Application of North Fork Motel, Inc~., by William H.
Price', Jr., Esq., 828 Front Street, Greenport, NY for a ~ariance
(Appeal No. 2684) to the Zoning Ordinance, Art. VII, Sec. 100-70
for permission to change existing motel use to privately-owned units
(or condominium) use in a B Zone. Location of Property: C.R. 27
and Soundview Ave., Southold; bounded north by Soundview Ave.; west
by Main, Kemper, Zech and Larson; south by C.R. 27; east by C.R. 27
and Soundview Ave.; County Tax Map ID No. 1000-135-2-23. (Recessed
from 12/29/80).
8:00 p.m. Application of Albertson and Katz, Main Road,
Southold, NY for a Variance to the Zoning Ordinance, Art. VI
Sec. lO0-70A(1)(d), and Art. VI, Sec. 100-62F for permission to
construct addition to existing building with an insufficient
rearyard setback at the South Side of Main Road (S.R. 25), Southold,
NY; bounded north by Main Road; west by Mullen; south by Finne and
Lucey; east by Locust Ave., County Tax Map ID No. 1000-62-3-21 and 22.
Legal Notice of Hearing - Page 2
Board of Appeals Meeting to be Held 2/12/81
8:15 p.m. Application of James D'Aquisto, by R.B. Hudson
as agent, 136 Front Street, Greenport, NY for a Variance to the
Zoning Ordinance, Art. III, Sec. 100-32 for permission to con-
struct accessory building in frontyard at 3235 Manhasset Avenue,
Greenport, NY; bounded north by Reinfurt; west by Sorden; south
by Manhanset Avenue; east by Pell; County Tax Map ID No.
1000-43-1-8.
8:25 p.m. Application of Robert T. Bayl.ey, 55 West 16 Street,
New York, NY lOOll, by Robert W. Gillispie III as agent, for a
Variance to New York Town Law, Section 280-A for approval of access
to property located on a'-private right-of-way off South Harbor
Road, Southold, NY; bounded north by Stewart and Blake ; west by
Paul; south by Bay; east by Ballenger; County Tax Map ID No.
1000-87-1-21.
f 8:35 p.m. Application of Michael Caprise, No. 8 ~he Pines,
Old Westbury, NY for a Variance to the Zoning Ordinance, Art. III,
Sec. 100-32 for permission to construct accessory building in
frontyard area at 345 North View Drive (a/k/a 370 South View Drive),
Orient, NY; bounded north by North View Drive; west by Robertson;
south by South View Drive; east by Wilson; County Tax Map ID No.
1000-13-1-9.
Dated:
January 22, 198l.
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
CHARLES GRIGONIS, JR., CHAIRMAN
· Instructions to newspapers:
Please publish once, to wit, Thursday, January 29, 1981 and forward
six (6) affidavits of publication to: Board of Appeals Town Hall
Southold, NY 11971. ' '
LEGAL NOTICE
. OF HEARING
NOTICE IS HEREBY
GIVEN, pursuant to Section
267 of the Town Law: and the
Provisions of the Amended
Code of the Town of Southold,
the following matters will be
held for public hearings at the
Southold Town Hall, Main
Road, Southo!d, New York on
Thursday, February 12, 1981:
7:35 p.m. Application of
Robert and Diane Gazza, 2850
Cedar Beach Road, Southold,
NY for a Variance to the
Zoning Ordinance, Art. III,
Sec. 100-31 for permission to
construct attached garage with
an insufficient frontyard set-
back at 2850 Cedar Beach
Road, Southold, NY; bounded
north by Cedar Beach Road;
west by D. 'Gazza; south by
Cedar Beach Harbor; east by
Cedar Beach Harbor and un-
known; County Tax Map ID
No. 1000-91-!-3.2.
7:45 p.m. Application of
North Fork Motel, Inc., by.
William H. Price, Jr., Esq.,
828 Front Street, Greenport,
NY for a Variance (Appeal No.
2684) to the. Zo~i_ng Ordin-
ance, Art. VII, Sec. 100-70 for
permission to change existing
motel use to privately-owned
units (or condominium) use in
a B Zone. Location of
Property: C.R. 27 and Sound-
view Ave., Southo!d; bounded
north by Soundview Ave.;
west by Main, Kemper, Zech
and Larson; south by C.R. 27;
east by C.R. 27 and Sound-
view Ave.; County Tax Map ID
No. 1000-135-2-23. (Recessed
from 12/29/80).
8:00 p.m. Application of
Albertson and ' Katz, Main
Road, Southold, NY for a
Variance to the Zoning Ordin-
ance, Art. VI Sec. 100-70A(1)
(d), and Art. VI, Sec. 100-62F
for permission to consIruct
addition to existing building
with an insufficient rearyard
setback at the South Side of
Main Road (S.R. 25), South-
old, NY; bounded north by
Main Road; west by Mullen;
south by Finne and Lucey; east
by Locust Ave.~ County Tax
Map ID No. 1000-62-3-21 and
'~
8:15 p.m. Application of
James D'Aquisto, by R.B.
Hudson as agent, 136 Front
Street, Greenport, NY for a
Variance to the Zoning Ordin-
ance, Art. III, Sec. 100-32 for
permission to construct ac-
cessory building in frontyard
at 323S Manhasset Avenue,
Greenport, NY; bounded north
by Reinfurt; west by Sorden;
south by Manhanset Avenue;
east by PeIl; County Tax Map
ID No. 1000-43-1-8.
8:2S p.m. Application of
~.~i'~,.~__a'~fe~ 55 West It) -
Stre. e~t.z,..~e~ ~ork, N_Y_ _1001 la...._
by Robert W. ~ as
'~ien;'~ ~)~; ~/ariance to Ne~
York T ow n~L w~.ea;~.2ttl~A_-
for_~app~rg~al of access to
property located on a private
~~&'~i'~-'~out h Harbor -
north by Stewart and Blake;
~'"wes. t_.b~ul' south bv Bav:
~ ID No. 1000-87-1-21.
8:3S p.m. Application of
Michael Caprise, No. 8 the
: Pines, Old Westbury, NY for a
Variance to the Zoning- Ordin-
· :. ante, Art. III, Sec. 100-32 for
permission to construct ac-
cessory building in frontyard
area at 34S North View Drive
(a/k/a 370 South View Drive),
Orient, NY; bounded north by
North View Drive; west by
Robertson; south by South
View Drive; east by Wilson;
County Tax Map ID No.
'1000-13-1-9.
Dated: January 22, 1981.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
CHARLES GRIGONIS, JR.,
Chairman
IT, 1/29/81 (11)
COUNTY OF SUFFOLK
STATE OF NEW YORK
ss:
Potricio Wood, being duly sworn, soys that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in, Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watch-
man once each week for .............. ./ ......................... weeks
successivel , commencing on the o)-ff.. ...........................
d~;i ~:'v.e.~: ~ ................... '.i'.'.i'..., 19.~
Sworn to before me this '~'~)
................................ day of
Nota/~Pu.bl ic
CLEMENT j. THOMPSON
NOTARY PUBLIC, State of New York
F~o. 52-9321725
Residing in Suffolk C0unt~
Commission Expires March 30, 19~'~
LEGAL NOTICE
OF HEARING
NOTICE IS HEREBY
GIVEN, pursuant to Section
267 of the Town Law and the
Provisions of the Amended
Code of the Town of Southold,
the following matters will be
held for public hearings by the
Southold Town Board of Ap-
peals at the Southold Town
Hall, Main Road, Southold,
New York on Thursday, Feb-
ruary 12, 1981:
7:35 p.m. Application of
Robert and Diane Gazza, 2850
Cedar Beach Road, Southold,
NY for a Variance to tl~e
Zoning Ordinance, Art. III,
Sec. 100-31 for permission to
construct attached garage
with an insufficient frontyard
setback at 2850 Cedar Beach
Road, Southold, NY; bounded
north by Cedar Beach Road;
west by D. Gazza; south by
Cedar Beach Harbor; east by
Cedar Beach Harbor and un-
known; County Tax Map ID
No. 1000-91-1-3.2.
7:45. p.m. Application of
North "Fork Motel, Inc., by
William H. Price, Jr., Esq.,
828 Front Street, Greenport,
NY for a Variance (Appeal
No. 2684) to the Zoning Ordi-
nance, Art. VII, Sec. 100-70 for
permission to change existing
motel use to privately-owned
units (or condominium) use in
a B Zone. Location of Proper-
ty: C.R. 27 and Soundview
Ave., Southold; hounded north
by Soundview Ave.; west by
Main, Kemper, Zech and Lar-
son; south by C.R. 27; east by
C.R. 27 and Soundview Ave.;
County Tax Map ID No. 1000-
135-2-23. (Recessed from
12/29/80).
8:00 p.m. Application of
Albertson and Katz, Main
Road, Southold, NY for a
Variance to the Zoning Ordi-
nance, Art. VI Sec. 100-
70A(1)(d), and Art. VI, Sec.
100-62F for permission to con-
struct addition to existing
building with an insufficient
rearyard setback at the South
Side of Main Road (S.R. 25),
Southold, NY; bounded north
by Main Road; west by Mul-
len; south by Finne and Lu-
cey; east by Locust Ave.,
County Tax Map ID No. 1000-
62-3-21 and 22.
8:15 p.m. Application of'
James D'Aquisto, by R.B.
Hudson as agent, 136 Front
Street, Greenport, NY for a
Variance to the Zoning Ordi-
nance, Art. III, Sec. 100-32 for
permission to construct ac-
cessory building in front yard
at 3235 Manhasset Avenue,
Greenport, NY; bounded north
by Reinfurt; west by Sorden;
south by Manhasset Avenue;
east by Pell; County Tax Map
ID No. 1000-43-1-8.
_SL25~.m. _~pplicati9~ of
'--~dbert T. Bayley~'~--V~e.st 1~._
'. Street, New York, NY 100~ ~
by Robert W. Gillispie III as
- ~ent; for a Varian6~
'-f-o-f-~-'~r0~ai of ae~e..ess~
~-p-f6iJ~i-t~ I0Cat~d 6h-a priv__ale,_
ri-g~it:bf-way Off South Har2zo~.
-Road, S0Uthold, NY; boiggle, d-
north by Ste~a. tt~ ani.Blak~
_~-t~b~ B~ii~er; County Ta~
M__M__M__M__M~ ID No. 1000-87-1-21. ~
Michael Caprise, No. 8 the
Pines, Old Westbury, NY for a
Variance to the Zoning Ordi-
nance, Art. III, Sec. 100-32 for
permission to construct ac-
cessory building in front-yard
area at 345 North View Drive
(a/k/a 370 ~5outl~ V~ew Drive),
Orient, NY; bounded north by
North View Drive; west by
Robertson; south by South
View Drive; east by Wilson;
County Tax.Map ID No. 1000-
13-1-9.
Dated: January 22, 1981.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
CHARLES GRIGONIS, JR.,
CHAIRMAN
COUNTY OF SUFFOLK, ]
STATE OF NEW YORK, ~ ss:
...D.a.v..i.d..II.:. ?.a..1.k.e..~ ................. being duly Sworn,
says that ..he.., is Printer and Publisher of the SUFFOLK
WEEKLY TIMES, a newspaper published at Greenport, in said
county~ and that the notice, of which the anney~ed is u printed
copy, .has been published in the ~aid Suffolk Weekl~ Times
once in e~ch week, ~r ... O..la.e. ..................... weeks
successively commencing on ~he ...2.~.~1. ..................
day of .... .J.a..n.q~..~~...d 19 · ?.~] ~ .]
Sworn to before me this . .~.~.~..h. ....
day of . Jan~ar.y ........ 19. ~$. !
........... .......
H~[[N K ~[ V0[
NOTARY PUBLIC, State of New York
No. 4707878, Suffolk Count~
Term Expires March 30,
0
Southold Town Board of Appeals
MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD'
MEMBERS
CHARLES GRIGONIS, JR., CHAIRMAN
SERGE DOYEN, JR.
TCRR;' TUTI::LL
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER
Joseph H. Sa~ri_c]d.
NOTICE OF DECLARATION
PURSUANT TO
N.Y.S. ENVIRONMENTAL QUALITY REVIEW ACT
Appeal No. 2784. Application of: Robert T. Bayley.
Location of Property in Question: R-O-W off South Harbor Road, Southold.
County Tax Map Item No. 1000- ~7-1-21
Project Proposed by Appeal Application:
Approval of access.
ENVIRONMENTAL DECLARATION:
Pursuant to Section 617.13 of the N.Y.S. Department of
Environmental Conservation Act, Article 8 of the Environmental
Conservation Law, and Section 44-4 of the Southold Town Code,
notice is hereby given that the Southold Town Board of Appeals
has determined that the subject project as proposed herein is
hereby classified as a Type II Action not having a significant
adverse effect upon the environment for the following reason(s):
An Environmental Assessment in the Short Form has been
submitted which indicates~that no significant adverse effects
were likely to occur should this project be implemented as
planned.
This declaration should not be considered a determination
made for any other department or agency which may also be involved,
nor for any other project not covered by the subject appeal applica-
tion.
Dated: March 12, 1981. By Order of the Southold Town Board of Appeals
O
TOWN OF SOUTHOLD 0
SHORT ENVIRONMENTAL ASSESSMENT FORM
INSTRUCTIONS:
(a) In order to answer the questions in this short EAF it is assumed
that the preparer' will use currently available information concerning the
project and 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 projec~ may be
significant and o completed Environmental Assessment Form is necessary.
(c) If all questions have been answered No it is likely that ~his
project is not significant.
(d) E~vi'ronmental Assessment
1. Will project resul't" in o 'large physical change
to the project' si~e or physically alter more
than 10 acres of land? ........................ Yes X No
2. Will there be o major change to any unique or
-unusual land form found on the site? ........... Yes X No
3. Will project alter or hove a large effect on
existing body of water? ....................... Y~s
4. Will project have a potentially large impact ,
on groundwater quality? .... - ................... Yes
5. Will project significantly effect drainage
fl6w on adjacent sites?., ...................... Yes~ X N0
6. Will 'project offec~ any ~hreotened or
/ eqdongered plant or animal species? ........ ~..~Yes X No
7. Will projec¢ result in o major adverse effect
on air quality? ............................... . Yes... XNo..
8. Will project have o major effect on visual
character of the community or scenic views or
vistas known to.be importon¢ to ¢he community? Yes X No
9. Will project adversely impact any site or
structure of historic, prehistoric or
paleontological importance or any site
designoled os o critical environmental oreo
by a local agency? ...... ~ ..... ~...¥-~.~'-,.~.,~'-~..~. Yes...X No
10. Will project have a major effect on existing
or future recreational opportunities? ......... Yes ~ No
11. Will project result in major traffic problems
or cause a major effect to existing
~ranspor~ation systems? ....................... Yes X No
12. Will project regularly cause objectionable
odors, noise, glare, vibration, or electrical
disturbance'as a result of the p~oject's
operation? .................................... Yes X No
13. Will.project have any impact on public health
safety? ' Yes I No
l~. Wil~ project affect the existing community by
directly causing o growth in permanent
population of more than 5 percen¢ over o one
year period or hove o major negative effect
on the chorocCer of the communiCy or
neighborhood? Ye X N
1§. Is there public controversy concerning the
project? ................................... Yes
PREPARER'S SIGNATURE~/~/ ' V' ' ~--~--~
Robert ¥,. Gillis~ie III
DATE January 20~ 1,981
(Today' s Date)-
To:
Re:
Southold Town Board of Appeals
Main-Road
Appeal Application of - - ~"'
Loc~ation of Property: ~ _ ~___~ _
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 in the within appeal application:
(please 9heck one box)
[ ]
May be located within 300 feet of'tidal wetlands;
· however, constructed along the water-lying edge
of this property is a bulkhead in very good
condition and at'least 100 feet in length.*
[ ]
May be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead in need of (minor)
(major) repairs, and approximately feet in
length.
[ ]
May be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead less than 100 feet
in length.
May be located within 300 feet of tidal wetlands;
and there is no bulkhead or concrete wall existing
on 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.]
O
JUDITH T. TERRY ·
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
Southold, L. I., N. Y. 11971
TELEPHONE
(516) 765-1801
January 21, 1981
TO'
Southold Town Zoning Board of Appeals
From: Judith T. Terry, Town Clerk
Transmitted herewith is Zoning Appeal No. 2784 application of Robert T. Bayle[
for a variance. Also included are notification to adjoining property owners as
follows: Mr. & Mrs. Robert E. Paul, South Harbor Road, Southold, N.Y. 11971;
Mr. & Mrs. W.S. Ballenger, 1801 Woodburn Drive, Flint, Michigan 48500; Mr.
& Mrs. Charles Blake, 108 W. 15th St., New York, NewYork 10011.
Judith T. e y~
JTT/bn · Town Clerk ~
Enclosures
O 0
TOWN OF $OUTHOLD, NL~V YORK*
APPEAL FROM DECISION OF BUILDING INSPECTOR
DATE J~..cary 20, !
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
Robert W. Gillispie III, agent f. or
Robert T. Ba¥1ev ~ ~5 West lb Street, New York
1, (We) ........................... ~ ...... v ...........................................................................................
Name of Appella,n.t Street and Number
New York New York 1 0011 ............................ HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ......................................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
(x)
( )
Robert T. Bayley
Name of Applicant for permit
of ~ West 16 Street, New York, New York 10011
Street and Number Municipality Stat~; ...................
PERMIT TO USE
PERMIT FOR OCCUPANCY '
( )
1. LOCATION OF THE PROPERTY southeast side of r-o-w off South Harbor
Street Use District on Zoning Map
· ..l...o..o...O..-..9..8. Z.mOl..-.~.l ............................................A-Re s
Map No. Lot No.
To:-;n La':: 2O0-A
2. PROVISION (S) OF THE ~:6~I~(~/(~R/I~I~/A~(Z'E/APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
3. TYPE OF APPEAL Appeal is made herewith for
( ) A VARIANCE to the Zoning Ordin.ance 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 (~¢'s)'(has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No ................................. Dated ......................................................................
REASON FOR APPEAL
(x) A Variance to Section 280A Subsection 3
( ) A Variance to the Zoning Ordinance
( )
is requested for the reason that
applicant wishes to build a residence on Lot # 2 on the
survey and requires approval of access to said parcel.
attached
l~orm ZB1
(Continue on other side)
REASON FOR APPEAL
Continued
Town Law 280-A
1. STRICT APPLICATION OF THE/~NAfqfTvE would produce practical difficulties or unneces-
sary HARDSHIP because applicant would be denied the right to subdivide
subject property into two parcels both of which substantially
exceed current Town requirements for subdivision.
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
Vicinity of subject property sharing the same access haVe already
been subdivided.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because subdivided lots in this vicinity,
using this access, range from ~ acre to several acres in size,
and it is proposed to divide the subject parcel into two lots each
of which substantially exceed current Town requirements of 1
acre,
STATEOF NE~ZVYORK ,J /~~ ~""'"'~ ~,"~' -*' *
cou,, '; .. ...........
Sworn to this ....' ......... ~.~..~. ................day of ......... ~ ................. 19C~/ / /
Notary Public
ELI~BETH ANN NEVILLE
NOTARy PUBLIC, State of New York
Ho. §2-81258§0, Suffolk Cou .
Term Expires March 30,
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of
to the Board of Appeals of the Town of Southold
TO:
NOTICE
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 (Varian{e)/c ...... ,:~n~ , ..... . . h '~ I*h~ following relief:
r
2. That the proEer, ty which is the subject ofjJLe Petition is located adjacent to your_prppe ty
cribed as follows:
and is des-
3. That the property ~jrhic~h is~l~t~ersubject,~/' ~°f~/lf ~'/~--such Petit_ion is located in the following zoning district:
4. That by such Petition, the undersigned will request the following relief: ~. _~~-~
5. That the provisions of the Southol_d T~oTn Zt)ning~od..e applicable to the relief sought by the under-
signed are: ~ ~ ~:~~
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there
examine the same during regular office hours.
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: /~
Petitioner
Pos~ffice A~s ~
oo I
11¢7/'
NAME
PROOF OF MAILING OF NOTICE
ADDRESS
//! 9/
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
SS.:
~c~ ~ /~q ~t~ r =, ~ N /~ _'~/ , being duly swSrn, deposes ar~l says that on the ~ I ~'l-day
A~ ~-'--. ' .- · ' ' ' i9 !'~ ~ . deponent mailed a true copy of the Notice set forth on the re-
vU;rse side hew ~re'~of, di~-'~e'c't~d to each Lf the a~ve:named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of Soutl~old; that said Notices were mailed at the United States Post Of-
fice at ~ ~ ~c_~ o ~c~ .~! _~.. ;that said ;re mailed to each of said persons by
(certified) (registered) mail.
i-+-
Sworn to be.f~e me this ~
day of ~./~ r~ u~.r~,_. , 19
--
NOTARY PUBLIO, ~ate of New Ymk
No. 52-8125850, Suffolk Ooun~
Term Expir~ March 30,
t8
4.; A (c) 3.5 A (c)°*
SOUTHOL D
PARK
DISTR;CT
Z3o8
Z.7 A{,c)
Z6
23.4
2.8 A(c~
22
~, ~30NUM.~T'
'7'O- $-001 t.g.
40/
L~t',tD
OF'
dNA~4~ ~-'q~ERAMON O1~
TO THIS SURVEY IS .~ VIOLAT~ :~
SECTION 7209 OF .THE NEW YO~ ~TA~
EDUCATION LAW.
COPIES OF THiS 5 3R'F~y f.~F NOT
~H~ LAND S~ r ~ ', ~ ], S ~NK~) ~ AL OR
T~ A VA'~ I;,U~ CC:PT.
ONLY TO T~. :*; S .;,, ro~ ,',4C~ ~
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