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HomeMy WebLinkAbout2786Indian Neck Lane, Peconic 3/'1'2/8'1' CA-approval of the reduction of the area and width of a parcel of land t° provide addition~ access to a second parcel of land, TOWN OF SOUTHOLD, NEW YORK 4/J0/81 DATE ....................... Appeal No. 2786. ACTION OF THE ZONING BOAKD OF APPEALS Application Dated February 2~ 1981 ACTION OF TI-rE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Wickham~ Wickham & Bressler, P.C. Attorneys for Mr. and Mrs. Richard A. Schlumpf Main Road~ Mattituck~ NY 11952 AppeHant at a meeting of the Zoning Board of Appeals on April 2, 1981 was considered and the action indicated below was taken on your ~[) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance Art. III, Sec. 100-31 ( ) the appeal I. X.qi~X~3/I/>lga~El~'T~:lg.X~yX~'~t~,xg~i~X~6ard it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be conlirmed because Public Hearing: March 12, 1981 7:45 p.m. Application of Richard A. and Janet Schlurrpf~ 32 Curtis Path, East Northport, NY (Wickham~ Wickham and Bressler~ P.C. as attorneys) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of the reduction of the area and width of a parcel of land to provide additional access to a second parcel of land~ located at the east side of Indian Neck Lane~ Peconic, NY; bounded north by James, Mealy~ Capobianco, Shelly, Lueckoff; west by Indian Neck Lane; south by Peconic Bay Gardens; east by Richmond Creek. County Tax Map Item No. 1000-86-5- 7 & 8. (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) (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 beeanse (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (SEE REVERSE SIDE) (would not) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. FORM ZB4 ~G:lk ZONING BOARD OF APPEALS By this Appeal, Appellants seek a variance to provide a 25-foot right-of-way along the southerly boundary of Parcel No. 1 as shown on survey dated November 30, 1980, which reduces the buildable lot area for Parcel 1 by 6,625 square feet, and which provides access for Parcel No. 2 (containing 59,500 square feet approximately not including the 30' by 200' right-of-way for this parcel off Spring Lane), Parcel No. 1 with the reduction of lot area would contain a total square footage of 26,616 and lot width of approximately 100' (125.66' less the 25' right-of-way). It is the feeling of the Board that the access off Spring Lane is more feasible; however, it is also the feeling of the Board that Parcel No. 1 should not be reduced in area. The Board finds that the relief requested is not substantial in relation to the Code requirements; that the relief requested is within the spirit of the zoning ordinance; that the variance if granted will not change the character of the neighborhood; that no adverse effect will be produced on available governmental facilities of any increased population; that the hardship and/or Practical difficulty is unique; and that the interests of justice will be served by granting the relief requested as noted below. On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that Richard A. and Janet Schlumpf, be granted a variance to the zoning ordinance, Art. III, Sec. 100-31, Appeal No. 2786, SUBJECT TO THE FOLLOWING CONDITIONS: (1) That the area for Parcel No. 1 fronting Indian Neck Lane shall not be reduced, and that the 6,625 square feet land area (taken from Parcel No. 1 for the right-of-way access for Parcel No. 2) shall be sectioned out of Parcel No. 2 to be included in the land area for Parcel No. 1. [Said section to be approximately 25' by 265'.] (2) That there properties. (3) shall be no further subdivision of these That the access road shall be improved and unobstructed for a minimum width of 15 feet. (4) That the access road shall be following two methods: improved in EITHER of the (a) Surfaced with a minimum depth of four inches of packed three-quarter-~nch 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) 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. (5) That no building permit and/or certificate of occupancy shall be issued for these properties until all of the conditions set forth herein have been complied with. (6) 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. (7) 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, AND IT WAS FURTHER RESOLVED, to rescind the previous decision Page 2 of Findings & Determination (continued) Appeal No. 2786 - Richard A. and Janet Schlumpf Decision Dated April 30,'1981 Decision Rendered April 2, 1981 made by this Board on March 1, 1979 in Appeal No. 2524 for access off Spring Lane, Peconic for the appellants herein. Location of Property: East side of Indian Neck Lane, Peconic, NY; bounded north by James, Mealy, Capobianco, Shelly, Lueckoff; west by Indian Neck Lane; south by Peconic Bay Gardens; east by Richmond Creek; County Tax Map Item No. 1000-86-5-7 & 8. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer and Sawicki. APPROVED Chairman BOard ~Appea~-- LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, Law and the Provisions of the the following matters will be Southold Town Board of Appeals at the Southold Southold, NY on Thursday, March 5, 1981: pursuant to Section 267 of the Town Amended Code of the Town of Southold, held for public hearings by the Town Hall, Main Road, 7:30 p.m. Application of John and Mary Pietrodangelo, 52340 Main Road, Southold, NY (Rudolph H. Bruer, Esq.) for a Variance to the Zoning Ordinance, Art. III, Section IO0-30(A),(C) for permission to operate a retail flower shop on first floor of existing building in an A-Residential District. Location of Property: 52340 Main Road (S.R. 25), Southold, NY; bounded north by S.R. 25; west by Charnews; south by Southold School District No. 5; east by Terry; County Tax Map Item No. 1000-63-6-9. ~ 7:45 p.m. Application of Richard A. and Janet J. Schlumpf, ~ / 32 Curtis Path, East Northport, NY (Wickham, Wickham & Bressler, / P.C. as attorneys) for a Variance to the Zoning Ordinance, Art. III~ Sec. 100-31 for approval of the reduction of the area and width of ~ to provide additional access to a second parcel of a parcel of land land, located at the east side of Indian Neck Lane, Peconic, NY; bounded north by James, Mealy, Capobianco, Sheily, Lueckoff; west by Indian Neck Lane; south by Peconic Bay Gardens; east by Richmond ~_eek; County Tax Map Item No. 1000-86-5-7 and 8. j 7:55 p.m. Application of Thomas J. DeBorger, 93 Broadwaters Road, Cutchogue, NY (Rudolph H. Bruer, Esq.) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to change division line between Lots 295 and 296 to run generally north and south Road (a/k/a 100 Properties Sub. rather than present east and west at 945 Broadwaters Wunneweta Road), Cutchogue, NY; Nassau Point Map 156, Lots 295 and 296; County Tax Map Item ~Page 2 Legal Notice of Hearings Board of Appeals Meeting of March 5, 1981 No. lO00-104-11-9. 8:05 p.m. Application of Frederick Cowan and Company, Inc., 120 Terminal Avenue, Plainview, NY 11803 (Richard J. Cron, Esq.) for a Variance to the Zoning Ordinance, Art. VII, Sec. lO0-70A, B, for permission to conduct an industrial-type business (equipment designing and fabricating) in a B-1 Business District. Location of property: northwest corner of North Street and School House Road, Cutchogue, NY; bounded northwest by School House Road; northeast by North Street; southwest by Baxter; southeast by Case; County Tax Map Item No. 1000-102-5-9.2. 8:20 p.m. Application of Leo and Lillian Brac, Nassau Point Road, Cutchogue, NY for a Variance to the Zoning Ordinance, At. III, Sec. 100-31 for permission to alter property line between Subd. Lots No. 49 and 50, reducing the lot area for Lot 50 and increasing the lot area for Lot 49 of property located at the east side of Nassau Point Road, Cutchogue, NY; bounded north by Eggers; west by Nassau Point Road; south by Blaikie; east by Peconic Bay; County Tax Map Item No. 1000-111-15-8. 8:30 p.m. Application of Frederic P. Rich, 1470 Hobart Road, Southold, NY (William H. Price, Jr., Esq.) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area and width of two proposed parcels each with a residence, and known as 1470 and 1580 Hobart Road, Southold, NY; bounded northwest by Smith; southwest by Town Creek; southeast by Creighton; northeast by Hobart Road; County Tax Map Item No. 1000-64-3-2. 8:35 p.m. Application of North Fork Motel, Inc. to change existing motel use to privately-owned units. (Previously advertised 215181). Dated: February 12, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN To the Suffolk Weekly Times and Long Island Traveler-Watchman: Please publish once, to wit, February 19th (or in the alternative, not later than February 26th), and forward six affidavits of publication to: Mrs. Linda Kowalski, Secretary, Board of Appeals, Main Road, Southold,NY 11971. (tel. 516-765-1809 or 1802). Copies mailed Tuesday, Feb. 17, 1981 to: Rudolph H. Bruer, Esq. as attorney for John and Mary Pietrodangelo Thomas J. DeBorger Wickham, Wickham & Bressler, P.C., attorneys for Richard A. and Janet J. Schlumpf Leo and Lillian Brac 'William H. Price, Jr., Esq. as attorney for Frederic P. Rich North Fork Motel, Inc. Frederick Cowan and Company, Inc. Applicants at their mailing addresses shown on applications. Supervisor Town Clerk Bulletin Board was posted on 2/17/81. and FOKM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................. Date ........................................................ , ...~e:.Tc~.....L~..a.y..r.~.E.~!.¥~.~.:E~,...~(_........ ,,/ ~, o 5~ PLEASE TAKE NOTICE that your application dated .................................................... , for permit to c~ ...................................... :at the premises located at .................................... ...... ~ .......................... ~ ................................ Street Mop '~ Block ............................................ Lot -- is returned herewith and disapproved on the follow;ng grounds ...... .~..~..~!~..~..?..!..c~.~...N....~. .................. .~;~.~.f~ ........ ~Z....~.~.t~:~.'~:L...: ............. .~.~. ~.: ......... !..o..~!.z.~.! ............................................. Building Inspector TOWN OF $OUTHOLD, NEW YORK BUILDING INSPECTOR APPEAL NO. APPEAL FROM DECISION OF DATE ....~...T. ~....-~... ~.../ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y, Jo '":~1, (We) .R~gt~.~..&,...~;h],t,n~.~..~,..~/t~tm~:~.~;~h~ll~£. ................ 32...~'~'~1,~..~.~,b, ............................... Name of Appellant Street and Number .............. E~..I~ ...................................................... ~,le~..Y~z,k ......... HERESY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ....... ,~'~.~..22,..~.3ti1 ............... WHEREBY THE BUILDING INSPECTOR DENIED TO Rioh~.~ A, ~chl~')~ and . !..~...~.~..!......s....e~....~,! ............................................. Name of Applicant for permit of ..,~..~..g..~. ~..~.~. ................................ I¢,~,..~.~.,. .......... ...~....~ ........... Street and Number Municipality State (;¢) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY .~t~,...~,.~l~..~..~..t~.:;.:.~...,ll~0~..~l.~.-.~..?,.~,..~ ............ ~' Street Use District on Zoning Map Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) article III 100.~31 3 TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~ (k~aae~t) 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...,~?.,~....~.......bt.kDated ) ~) ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ~s requested for the reason that ~he sou4:he~ty bounda=~ o~ Form ZB~ (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- · -sary HARDSHIP because t. hl ~nly ~¢'.~s~ ~ Precor1 I~o, 2 is o~ ~r~ ~e ~ 2. The hardship created is UNIQUE and is not shored by all properties alike in the immediate vicinity of this property and in this use district because t. he ' ~" Ms ffron~,ie o~'~ a. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~ ~re~f~a~¢[ ~o~1 ~o. ~, tta~] ~6,8~6 ~ STATE OF NEW YORK ) ) COUNTY OF ~l,~'~'O:r~ ) ss Sworn to this ............. ~.',~.f ......................... day of ...... ~.~.¢ ................................. ~9 0.1, Notary Public '~N I~ pRESTON A,,fA:.~ ©,:. ,..o,[~ O/.)>5%:&; 7-'Y' ,/ 7"~ ~&'t.Z 0£~' ~5'¢U?I~I~)J~O, t-J. Y. .fr m · $outhold Town Board of Appeals TOWN HALL, SOUTHOLD, N.Y. 11971 765-1809 To: FILE From: ZBA Secretary (lk) Date: 9/27/84 9/26/84 9/27/84 - 9/27/84 Ray Nine came into ZBA office to inquire as to when road inspector may make final inspection since some improvements have been started. Jack Davis, road engineer, stopped for copy of Appeal No. 2786, Re: Schlumpf at Indian Neck Lane, for requirements of ZBA decision. Copy of same was given to him. by Map showing R-o-W of 25' by 310' length was mailed to Mr. Davis. Await final inspection and report~ WICKHAM, WICKHAM & BRESSLER, SI6 -298-8353 April 22, 1981 Zoning Board of Appeals Main Road Town Hall Southold, N.Y. 11971 Re: Schlumpf Appeal #2524 Gentlemen: We have been advised by Mrs. Kowalski that the Board has rendered a decision approving the variance subject to several conditions. One of the conditions, involving the addition of approximately 6,600 square feet to the rear of the smaller lot, causes us some concern, and we would appreciate your reconsideration of the condition. I enclose a sketch showing the proposed lot with the addition. As you can see, a rather awkward lot with an L - shape results. More- over, there are several lots in the vicinity which are much smaller than the lot originally proposed, so a change in the character of the district would not result. Since the house on the larger lot would undoubtedly be built on the East portion of the property to take advantage of the waterfront, it is unlikely that any construction would occur on the 6,600 square foot portion. This is particularly so since the larger lot could never be further subdivided. Our client is under contract to sell the smaller lot, subject to approval of the Board. The purchaser is willing to purchase the lot as originally applied for, and if the size of the lot must be increased, we do not believe the purchaser would be willing to increase the purchase price. I would appreciate your reconsideratio~ in light of the above, and would be glad to meet with you if you like. Sincerely yours Abigail A. Wickham TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL' SOUTHOLD, N.Y. 11971 January 6, TEL. 765-1802 1983 Wickham, Wickham & Bressler, Main Road, P.O. Box 1424 Mattituck, N.Y. 11952 PoCo Att: Gail A. Wickham Re: Hallden from Schlumph Dear Ms. Wickham: Your letter of December 22, 1982 has been referred to me to confirm that a variance would not be required to construct a one-family dwelling on Parcel #2 as you have proposed as shown on survey dated December 10, 1982. Under Art. I, Sec. 100-13, Lot Width is defined (The aver- age distance between side lot lines taken at the front yard set back line and measured at right angles to the side lot lines or along a line parallel to the street.) This lot meets this re- quirement as you have indicated on the survey. The building set back must meet the minimum requirements of 50'-0", however, there are no requirements to hold building at the minimum set back line. A building may be set back further provided that the side yard and rear yard set backs have been met; this would establish a deeper front yard. A building permit would be as you have shown provided that been obtained. issued for the proposed location all other required permits have The conditions for improvement of access road must be met in accordance to Appeal #2786. Once the improvement is made, notify the office of the Board of Appeals so that they may make an inspection and notify the Building Dept. of their approval. When approval has been issued for access road a Certificate of Occupancy may be applied for. You~r~ truly, ~ / Edward F. Hindermann Building & Housing Inspector EFH:ec xc Board of Appeals COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEE: E. KOPPE:LMAN June 10, 1981 Town of Southold Board of Appeals Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Municipal File Number W/Mr. & Mrs. Richard A. Schlumpf George L. Penny IV Victor E. Catalano James V. Righter Mr. & Mrs. David Strong Kenneth Brower Southold Grange, Inc. Sarah Rauch Cybil Kooper 2786 2792 2794 2797 2798 2799 2804 2806 2813 GGN:jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, .IR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki Southold Town Board of Appeals HAIN RnAD- STATE RnAD 25 SDUTHOLD, L.I., N.Y, 119'71 TELEPHONE (516) 765-1809 June 9, 1981 Abigail A. Wickham, Esq. Wickham, Wickham & Bressler, P.C. Main Road, P.O. Box 1424 Mattituck, New York 11952 Re: Appeal No. 2786 - Richard A. and Janet Schlumpf Schlumpf to James Dear Mrs. Wickham: Pursuant to our discussion at the last regular meeting of this Board on May 14 and your letter of June 8, this letter is to confirm that Condition No. 5 of the Board's decision made on April 2, 1981 shall be interpreted to mean that "...no building permit or Certificate of Occupancy shall be issued for Parcel II until all of the conditions of the subject decisiou have been complied with .... " If you have any questions, please don't hesitate to call. Yours very truly, CHARLES GRIGONIS, CHAIRMAN CG:ec cc Building Department cc Z.B.A. members WICKHAM, WICKHAM & BRESSLER, main ROAD~ P.O. BOX I424 June 8, 1981 Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal No. 2786 - P~ichard A. and Janet Schlu~pf Schl~f to J~es Gentle~n: We have been advised that the purchasers of Parcel I are still willing to purchase the property. However, the driveway to Parcel I will be located entirely within Parcel I. The 25 foot strip frc~ Indian Neck Lane back to Parcel II will be used exclusively for the driveway to Parcel II and will not be a means of access to Parcel I. Accordingly, I would appreciate it if you would confizm that the im- proved roadway for Parcel II need not be installed %mtil Parcel II is developed. This matter was discussed at your last meeting. Very truly yours, /d t?/,- -' ,' Abigail A. Wic~ TOWN CLERK 76S-3783 Bu;Idlng Dap4'. t Planning Bd. 765-2660 Board of Appeals Town Of Southold TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 Pursuant to the General Munidpai Law, Chapter 24, of the Consol;dated Laws, Article 12-B, Sections 239-1 and m, the ~a.Pd .O~ J~pee.]-s of the town of Southold, N. Y. hereby refers the following [agency involve~]) proposed zon~ag action to the Suffolk County Planning Commission: (check one1 New' and recodified zoning ordinance Appeal Re. 2?86 ....... Amendment to the zoning ordlnence Zoning changes .... Special permits .}~.~. Variances Mr. & ~'s. Richa~'d A. ~in Road 100-~1 Location of affected land: . I!&B~.. ~ld~l.. ~I~'...11'~1~I~. [~eOk . ~e ~..~O~l~,...~. ................ wifhin 5~ feet of: (check one or more) (1~-86-~-Z ~ 8) ..~. Town or village boundary lin% OF shore ~ime (Rlc~ond Creek) State or county road, parkway or expressway .... S,ate or county ,park or recrea,ion area Stream, or drainage channel owned by ,he county or for which the coun,y has es,abl]shed channel lines .......... State or county owned parcel on which a public building is situated ~d ~Ld~h of a ~el of l~d ~o provide addttton~ aoce~l ~ a second pa~e[ of l~nd. , , _~:: : (signed) Tide Date received by Suffolk County Planning Commission ............................ File No Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I,, N.Y. 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: Abigail A. Wickham, Esq. Mr. and Mrs. Richard A. Schlumpf Re: Appeal No. 2786 - Richard A. and Janet Schlumpf 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, CHARLES GRIGONIS, JR. CG:lk CHAIRMAN Enclosure Southold Town Board of Appeals -9- r h 12, 1981 MRS. BACHRACH: Is it possible that if a person were granted a variance that they would not be entitled to flood insurance and that they would be under their own? MR. CHAIRMAN: Yeah, but the thing is that the Federal Govern- ment has requested the banks not to grant loans on stuff that doesn't-- they would have to build it to their specifications. Waterproofing for everything below the level-- the required 8' level, any structure, you know, if it's a cellar or anything like that. MRS. BACHRACH: have to meet that. In other words to get their loan they would MR. CHAIRMAN: Yeah. Any other questions? (None) Well, I'll offer a resolution closing this hearing and reserving decision. MEMBER DOUGLASS: Seconded. On motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, that the hearing be declared closed and ~ecision reserved in this Appeal No. FA-5, application of Goldsmith Building and Construction for George Sweeney. Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goehringer and Sawicki. Absent was: Mr. Doyen. PUBLIC HEARING: Appeal No. 2786. Application of Richard A. and Janet J. Schlumpf, 32 Curtis Path, East Northport~.~ (Wickham, Wickham & Bressler, P.C. as attorneys) for a Variance-t6 the Zoning Ordinance, Art. III, Sec. 100-31 for approval of the reduction of the area and width of a parcel of land to provide additional access to a second parcel of land, located at the east side of Indian Neck Lane, Peconic, NY; bounded north by James, Mealy, Capobianco, Sheily, Lueckoff; west by Indian Neck Lane; south by Peconic Bay Gardens; east by Richmond Creek. County Tax Map Item No. 1000-86-5-7 & 8. The Chairman opened the hearing at 8:10 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 $15.00. MR. CHAIRMAN: We have a survey of the property and County Tax Map showing the surrounding properties. Is there anyone here to speak on behalf of this application? Southold Town Board of Appeals -10- rch 12, 1981 ABIGAIL A. WICKHAM, ESQ.: Yes. Fail Wickham for Mr. and Mrs. Schlumpf. I'd like to first just ~o~eg~something in the application. There was a previous appeal concerning this appeal -- MR. CHAIRMAN: That's what I thought. MRS. WICKHAM: Concerning this property, No. 2524 when Mr. Schlumpf acquired it, he divided the property and obtained approval of access over the, over another parcel on Spring Lane. The purpose of this application is also, concerns access, and we feel that the access there is available to the larger piece from Spring Lane is not the best, and this application requests us to have access from Indian Neck Lane directly to the larger parcel in the back. The access from Spring Lane is a right-of-way, it's not ownership. We're going over someone else's property. It would mean building a road on someone else's property, we would not expect that person to contribute, and it means coming in over a poorer type of road. This 25-foot strip from Indian Neck Lane will be direct access. Mr. Schlump could own it and maintain it himself without interferring with any other properties. It does mean ~ecreasing the size of the parcel in Indian Neck Lane, but it's not the type of. decrease, where you're creating any more lots than you already have, or creating other parcels that houses or anything else could be built. It's merely to improve the access to the parcel on the Creek. MR. CHAIRMAN: Anyone else? Anyone to speak against the application? Anybody on the Board, Mr. Douglass, did you have any questions? Jerry? Mr. Goehringer. MEMBER GOEHRINGER: Gail, in the right-of-way that you request off of Spring Lane, it was somewhat difficult to locate that actually when we when down to inspect. It appears that the trees might have to be taken down on that. Is that the case? MRS. WICKHAM: Well, there's been no development. It would have to be scraped down and all treed in the back particularly. MR. SCHLUMPF: I would like to add just one thing on that. That grade is-- MRS. WICKHAM: Mr. Schlump pointed out that the grade on that right-of-way on Spring Lane is also quite a problem, whereas if you go in from Indian Neck Lane, it's much more level grade. To try and better identify for you where that right-of-way is on Spring Lane, it's right before you get to the last house on Spring Lane. I believe there's a trailer? Right past the trailer. MR. CHAIRMAN: We went down there and we saw it. MRS. WICKHAM: I think there were two stakes from the monument. Southold Town Board of Appeals -11- ~arch 12, 1981 MR. CHAIRMAN: I think that was granted to him a few years ago -- in that application. MRS. WICKHAM: Pardon me? MR. CHAIRMAN: I think that was granted to him in the applica- tion you spoke of. MRS. WICKHAM: That was the access that was available to the property at that time. MR. CHAIRMAN: Any other questions? I'll offer a resolution closing the hearing and reserving decision. MR. GOEHRINGER: Second. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to close the hearing and reserve decision in Appeal No. 2786, application of Richard A. Schlumpf and wife. Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goehringer and Sawicki. Absent was: Mr. Doyen. PUBLIC HEARING: Appeal No. 2783. Application of Thomas J. DeBorger, 93 Broadwaters Road, Cutchogue, NY (Rudolph H. Bruer, Esq.) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to change division line between Lots 295 and 296 to run generally north and south rather than present east and west at 945 Broadwaters Road (a/k/a 100 Wunneweta Road), Cutchogue, NY; Nassau Point Properties Sub. Map 156, Lots 295 and 296; County Tax Map Item No. 1000-104-11-9. The Chairman opened the hearing at 8:22 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 $15.00. MR. CHAIRMAN: We have a survey showing the property and the location of the building on it, and we have a section of the County Tax Map showing this area and the surrounding area. Is there anyone wishing to speak for this application? RUDOLPH H. BRUER, ESQ.: This application pretty well speaks for itself, unless the Board has some questions. What we're doing here is really just changing the lot lines. The denial by the LEGAL NOTICE NOTICE IS HEREBY GIVEN, that ail of the hear- ings to be held by the Southold Town Board Of' Appeals on March 5, 19~1, have been recessed until Thursday, March 12, 1981, which said hearings will be heard at the same times as preyiously ad- vertised, at the Southold Town Hall, Main Road, Southold, NY. Dated: March 5, 198t. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR. CHAIRMAN 1TM12-3642 COUNTY OF SUFFOLI~, I STATE OF NEW YORK, ~ ss: ....D.~..~.J.d...H.~..W.~..~.k.e..~, ............... being duly Sworn, says that ... b~e., is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said county~ and that the notice, of which the annexed is u printed copy, has been published in the said Suffolk Weekly Times once in eoch week, f~r one weeks successively commencing on t~le .~..2.~.~. .................... day of .... ~.~cl~ .,~ ..... 19 ~J. Sworn to before me this . .~.2..~. ..... day of .. ~.a.:r.c..~ .......... HELEN K DE ¥OE NOTARY PUBLIc, State of New York No. 4707878, Suffolk County Term Expires Marc 1 30 ]9~_.,,..~ COUNTY OF SUFFOLK ss: STATE OF NEW YORK LEGAL NOTICE NOTICE t$ HEI~EBY GIVEN, that to b~ 'held by ~ ~ ~old To~ ~d of Apes on M~ch 5, 1981 have ~n ~cessed ~til ~u~sday, Ma~ 12, 1981, which ~id hear~gs will be h~rd st the ~e times as previously adv~ised at the ~uthold Town H~I, Main Road, ~uth- · old, NY. Dated: March 5, 1~1. BY O~ER OF ~E SOUTHOLD TOWN BOA~ OF APPEALS CHARLES GRIGONIS, JR. ~ai~an 1T, 3/12/81 (~) 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 in said Long Island Traveler-Watch- man once each week for ............~. ........................... weeks successively, commencing on the .... )....~. .......................... d~?'~~ .................... 19.¢~\_ ............... ......... Sworn to before me this ...... ).....~: ................... day of ...... ~ ...... , 19...<~....~ LEGAL NOTICE NOTICE IS HEREBY GIVEN, that alt 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 Dated: March 5, 1981. Town Hall, Main Road, Southold, NY. 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 1197t. 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. LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law ~nd the Provisions of the Amended Code of the Town of South- old. the for[owing n~ers will be held for public hearings by the Southold Town Bourd of Appeals at the Southold Town Hall. Main Road, Seuthold, NY on Thursday, March S, 1981: 7:30 p.m. Application of John and Mary pietrod~ngelo, 52340 Ma'm Road, Southold, NY (Rudolph H. Bruer, Esq.) for a Variance to the Zoning Ordinance, Art. IH, Section 100-30(A),(C) for permission to operate a retail flowe~ shop on first floor of existing build- lng in an A-Residential Dis- trier. Location of Property: 52340 Main Road (S.R. 25), Southold, N.Y.; bounded north by S.R. 25; west by Charnews; south by Southold School Dis- trier No. $; east by Terry; County Tax Map Item 1000-63-6-9. · 7;45 p.m. Apnlicafi°n of Richard A. and Janet J. o ~_Schlumpf, 32 Curtis Path, East ,, Northport, NY (Wickham,, ' 9ttorneys) for a Variance to the Zoning Ordinance, Art. i11, . ', Sec. 100-31 for approval of the reduction of the area and _ 'width of n parcel o! Iaaa to . ~rovide additional access to a second parcel of land, located - at the east side o! tn~llan ~ecz _ 'lnne_ Peconic. NY; bounde~l north by James. Mealy. Coon-_ ,blanco, Sheily, Lueckoff; w,,e.st ~y Indian Neck Lane; south t~y, le of ePeconic Bay Gardens; east_by utch- l~ap Item No. 1000.86-5-7 and h by 8. -- 7;~5 p.m. Application of t'by Thomas J. DeBorger, q3 Breadwaters Road, Cutch- ague, NY (Rudolph H. Bruer, of Esq.) for a Variance to the 9art Zoning Ordinance, Art. 111, am Sec. 100-31 for permission to a change division line between n- Lots 295 and 290 to run ~r generally north and~. th .a rather than present""~ast and d west at 945 Broadwaters Road . (a/k/a 100 Wunneweta Road). Cutchogue. NY: Nassau Point ; Properties Sub. Map 156, Lois 2q5 and 2q6; County Tax Map Item No. lO00-104-11-q. 8:0S p.m. Application of; Frederick Cowan and Com-' COUNTY OF SUFFOLK ss: 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; end that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- m~n once each week for ............ .~ .......................... weeks successively, commencing on the ...... ~.c~ ........................ .............. Sworn to before me this ..... ...~..c~.. .................. day of ......... , pany, Inc., 120 Terminal ~,e Plainview Nora ry"P'ublic ~' CLEMENT J. THOMPSON NOTARY PiJflUC, St~t~ o( ~ Yorl~ ~ 52-9321725 Residing III Suffdk LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Sou(hold, the following matters will be held for public hearings by the Sou(hold Town Board of Ap- peals at the Sou(hold Town Hall, Main Road, Southold, N.Y., on Thursday, March 5, 1901: ~7:30 p.m. Application of John and Mary Pietrodangelo, 52340 Main Road, Sou(hold, NY (Rudolph H. Bruer, Esq.) for a Variance to the Zoning Ordinance, Art. Ill, Section 100-30(A), (C) for permission to operate a retail flower shop on first floor of existing build- lng in an A-Residential Dis- trict. Location of Property: 52340 Main Road (S.R. 25), Southold, NY; bounded north by S.R. 25; west by Charnews; south by Seathold School Dis- (riot No. 5; east by Terry; County Tax Map Item No. 1000-63-6-9. ?;45 n.m. Aoolication of Richard A. and Janet J. Schlumpf~ 32 Curtis Pam~ East -- Northgort, NY (Wtck~am; - WicKP. am& Bres~ier, attorne,ys) for a yamah~e Sec. 100-31 for approval of the reductior/ of the area and. width of a parcel of land to provide additional access to ~~f Indian Neck Lane, P~¢.~!ig, J~Y; bxam~ted-.-_ · north by James, Mealy, Cap- south b Pec.onic Creok'~oXln~ Wa~ Man Rem_ _No. ~-~ 7:55 p.m. Application of Thomas J. DeBorger, 93 Broadwaters Road, Cut- chogue, NY (Rudolph H. Bruer, Esq.) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to change division line between Lots 295 and 296 to run gener- ally north and south rather than present east and west at 945 Broadwaters Road (a/k/a 100 Wunneweta Road), Cut- chogue, NY; Nassau Point Properties Sub. Map 156, Lots 295 and 296: County Tax Map Item No. 1000-104-11-9. 8:05 p.m. Application of Frederick Cowan and Compa- ny Inc., 120 Terminal Avenue, Plainview, NY 11803 (Richard d. Cron. Esq.) for a Variance to the Zoning Ordinance, Art. VII, Sec. 100-70A, B, for per- mission to conduct an indus- trial-type business (equipment designing and fabricating) in a B-1 Business District. Loca- tion of property: northwest corner ot North Street and School House Road, Cut- chogue, NY; bounded north- west by School House Road; northeast by North Street; southwest by Baxter; south- east by Case; County Tax Map Item No. 1000-102-5-9.2. 8:20 p.m. Application of Leo and Lillian Brac, Nassau Point Road, Cutchogue, NY for a Variance to the Zoning Ordi- nance, At. III, Sec. 100-31 for permission to alter property line between Subd. Lots No. 49 and 5O, reducing the lot area for Lot 50 and increasing the lot area for Lot 49 of property located at the east side of Nassau Point Road, Cut- chogue, NY: bounded north by Eggers: west by Nassau Point Road; south by Blaikie; east by Peconic Bay; County Tax Map Item No 1000-111q5-8. 8:30 p.m. Application of Frederic P. Rich, 1470 Hobart Road. Sou(hold. NY (William NO AR~ PU:,Lli Srate ~! Ne~ Yolk No ~707878 Suffolk County Term Expires March 30. R. Price, Jr., Esq.) for a Variance to the Zoning Ordi- nance, Art. III, Sec. 100-31 for approval of insufficient area and width of two proposed parcels each with a residence, and known as 1470 and 1580 Hobart Road, Sou(hold, NY; bounded northwest by Smith; southwest by Town Creek; southeast by Creighton; north- east by Hobart Road; County Tax Map Item No. 1000-64-3-2. 8:35 p.m. Application of North Fork Motel, Inc. to change existing motel use to privately-owned units. IPrev- iously advertised 2/5/81). Dated: February 12, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN 1TF19-3629 Southold Town Board of Appeals APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, .JR. TERRY ~' ........ ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki Pursuant to TYPE II ACTION DESIGNATION NOTICE OF NO SIGNIFICANT EFPECT UPON THE ENVIRONMENT 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. Applicant proposes to change access into rear parcel more distant from Richmond Creek and off Indian Neck Lane, Peconic, rather than Spri ~one. , ~p lcant s ~ame: Richard A. Schlumpf & wf. Appeal No. 2786. Description of Project: Reduction of westerly lot and increase of area of easterly lot, due to proposed change of access to rear easterly lot, off the East Side of Indian Neck Lane, Peconic, NY. Date and Place of Public Hearing: Thursday, 3/5/81 7:45 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 Kowalski, Secretary to the Board of Appeals, Town Hall, Main Road, Southold, New York 11971. Telephone (516) 765-1809, or 1802 (Building Inspector). Dated: February 12, 1981. Copies to: Applicant or his agent. Town Clerk's Bulletin Board. Supervisor, Town of Southold. HENRY E. RAYNOR. Sr.. Chairman `JAMF,$ WALL BENNETT ORLOWSKL Jr. GEORGE RITGHIE LATHAM..Jr. Southold, N.Y. 11971 / TELEPHONE 765- 1938 February 4, 1981 William Wickham, Esq. P. O. B~x 1424 Mattituck, New York 11952 Re: Richard A. Schlumpf and Janet J. Schlumpf Dear Mr. Wickham: We are in receipt of your letter of January 30, 1981 in re the above-captioned'matter. As mentioned in your letter, the division of the property was approved by the Board of Appeals on March l, 1979 and grandfathered by the Planning Board on September 23, 1980. It is felt that the reduction of the lot width and area for parcel i for a right-of-way to parcel 2 ~ province of the Board of Appeals. Yours truly, Copy to Board of Appeals HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD WICKHAM, WICKHAM & BRESSLER, p.c. MAIN ROAD, P.O. BOX I~24 MATTITUCK LONG ISLAND January 30, 1981 Southold Town Planning Board Town Halt Main Road Southold, NY 11971 Re: Property of Richard A. Schlumpf and Janet J. Schl~Rpf East side of Indian Neck Lane, Peconic, New York Gentlemen: We represent Richard A. and Janet J. Sc~.lumpf, the owners of two parcels on the east side of Indian Neck Lane, Peconic, shown as Parcel 1 and 2 on the enclosed Xerox. The applicants are now petitioning the Board of Appeals to reduce the width of Lot No. 1 by 25 feet, in order to have a roadway along the southerly line to Lot No. 2, which roadway should become a part of Lot No. 2. This application is made for the reason that access to Parcel No. 2 is now by way of Spring Lane and a 20 foot right of way, neither of which is well maintained, and in the spring almost impossible to pass. By having a roadway from Indian Neck Lane, to be part of Lot No. 2, the owner can provide proper access and keep the property maintained. For your further information, the variance for parcels 1 and 2 was first approved by the Board of Appeals on March 1, 1979 (no. 2524) and grandfathered by the Planning Board on June 26, 1980. WW:ep Encl. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llB'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR.,CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRtNGER doseph H. Sa~ick~ February 3, 1981 William Wickham, Esq. Wickham, Wickham & Bressler, Main Road, Box 1424 Mattituck, NY 11952 PoC. Re: Appeal No. 2786 Application of Richard A. and Janet J. Schlumpf Dear Mr. Wickham: The Planning Board on September 23, 1980 amended certain subdivision sections of the Code in that the term "...subdivi- sion shall not include the setoff or creation of a single lot from a parcel of land, provided that before any such setoff or creation shall take place, the owner shall submit such proposal to the Planning Board for its approval and determination of whether such setoff or creation constitutes a subdivision...," Chapter A106-13, also A106-20. Therefore, it is requested that you submit this proposal to the Planning Board, prior to the Board of Appeal's scheduling this matter for a public hearing and decision. If you have any questions, please do not hesitate to call. Yours very truly, JR. CHARLES GRIGONIS, CG:lk CHAIRMAN Enclosure K JUDITH T. TERRY · TELEPHONE (516) 765-1801 Southold, L. 1., N. Y. 11971 February 2, 1981 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2786 application of Richard A. & Janet J. Schlumpf for a variance. Also included are notification to adjoining property owners as follows: Mr. Theodore James, Jr., Box 204, Peconic, N.Y. 11958; Mr. & Mrs. Frank Mealy, Spring Lane, Peconic, N.Y. 11958; Mr. Edward Capobianco, Box 362, Peconic, N.Y. 11958; Mr. & Mrs. John J. Shelly, Horton's Lane, Peconic, N.Y. 11958; Mr. & Mrs. Vernon Lueckoff, Box 259, Peconic, N.Y. 11958; Peconic Bay Garden, Inc., 77 Country Village Lane, New Hyde Park, N.Y. 11040. JTT/bn Judith T. Terry~ Town Clerk WICKHAM, WICKHAM & BRESSLER, ~.c. 516-298-8353 January 30, 1981 Zoning Board of Appeals Town of Southold Town Hall Southold, NY 11971 Re: Gentlemen: Property of Richard A. Schlumpf and Janet J. Schlumpf East side of Indian Neck Lane Peconic, New York In connection with the above matter, enclosed please find the following: 1. Original Notice of Disapproval from the Building Inspector; 2. Application, in triplicate; 3. Original Notice to adjoining property owners, with certified mail receipts attached thereto; 4. Environmental Assessment Short Form; 5. Wetlands Letter; 6. Three copies of the survey; 7. Check to the order of the Southold Town Clerk in the sum of $15.00, representing the application fee. /ep Encls. SHORT ENV][RONk~ENTAL ASSESSMENT FORh{ ]NST'RUCTIONS: ---- (a) In' order to answer the questions in this short EAF it is assumed that the preparer ~'~ill 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 ¥1ill be undertaken. (b) If any question has been answered Yes the project may be significant and o completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this is not significant. - Pr°ia(d) Environmental Assessment 1. ¥/ill project result in O large physical change to the project site or physically alter more than 10 acres of land? ........................ Yes x 2. ¥/ill there be a major change to any unique or -unusual land form found on the site? .......... Yes x NO 3. Will projec~ alter or have a large effect on . existing body of water? ........................ Yes, x No 4. Will project have a potentially large impact on groundwater quality? ....................... Yes, x'No_ 5. ¥/ill project significantly effect drainage ' . flo~'l on adjacent sites? .................... Yes. x No 6. ~?ill project affect any threatened'~' ' ' ' ' endangered plant or animal species? ........... Yes x No 7. ¥1ill project result in o major adverse effect '' on air quality? ................................ , Yes x No 8. ¥/ill project have o major effect on visual character of the community or scenic views or vistas known to:be important to the community?. Yes XNo ~. ¥1ill project adversely impact any site or .. structure of historic, prehistoric or paleontological importance or any site designated as a critical environmental area 10. %~ill project have a major effect on existihg or future recreational opportunities? ......... Yes x No 11. %?ill project result in.major traffic problems o~ cause a major effect to ex-isting transportation systems? ......................., , , Yes x No 12. ¥1ill project .regularly cause objectionable odors, noise, glare, vibrotlon, or electrical disturbance as o result of the project's operation? .... ' ..... or.safety? .................................... Yes x No 14. ¥/ill p~oject affect the existing community by ' directly causing o growth in permanent population of more than 5 percegt over o one year period or hove o major negative effect on the character of the community or neighborhood? .................................., Yes x No 15. ]s there pubic controversy concerning the project?...F .................................. . , Yes x No PREPARER 'S / REPRESENT/NG_,Richard A- Sch,lum?f and Janet J. ~chlumpf DATE January 30, 1981 January 30, 1981 (Today's Date) To: Re: Southold Town Board of Appeals Main Road Southold, NY 11971 Appeal Application of Richard A. Schlumpf and Janet J. Schlumpf Location of Property: East side of Indian Neck Lane, Peconic, NY 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 check one box) [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ] May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. Ix] 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.] Since TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, Tg.WN OF SOUTHOLD, N.Y. APPEAL NO. O~7OO~ DATE ..... ~..~ .~('~..]/'J .... P~chard A Schlumpf & Janet/Schlummf 32 Curtis Path : _ . ~7o~ ............................................................... Name of Appella,nt Street and Number .............. ~.~..~;..~g~.~g.~.l; ....................................................... Na~..×Q~k ........ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ....... ~.a.p..g~..z~...2..2..,...Z..9..8...Z ............... (x) ( ) ( ) WHEREBY THE BUILDING INSPECTOR DENIED TO Richard A. Schlumpf and ............................................. Name of Applicant for permit of 32 Curtis Path East Northport, New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. I~OCATION OF THE PROPERTY ..~../.~.....I~.~L~.n..~..e..q.~...[.,.~..~ .............. .].9..0.9.z..8.f.z..5.':.?...R...8. ............ Street Use District on Zoning Mop Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III 100-31 TYPE OF APPEAL Appeal is made herewith for A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ]UXOi~ (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 ...................................................................... ( ) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that applicants would like to provide a 25 foot roadway along the southerly boundary of parcel no. 1. Form zB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP becau~ the only access.to Parcel no. 2 is over Spring Lane and over a 20 foot right of way, both of which are not very well maintained. Access from Indian Neck would improve parcel ne. 2. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because the lot has no frontage on a public highway, and the present acceS~s is in~J~equate.' · ,:~ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the reduced parcel no. 1, having 26,616 square feet would still be larger than the parcel to the north, which has only 20,259 square feet. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK) WICKHAM, ~ICKHAM & BRESSLER, P.C. ~ tW~to~n~y sWi~okhra~e t it ions r s Sworn to this ............. 3..0..t.~. .......................... day of ...... ,Ianuazy., .................................. 19 81 Notary Public ~L~ 'r~ teo~New~ . BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of RICHARD A. SCHLUMPF and JANET J. SCHLUMPF to the Board of Appeals of the Town of Southold TO: Mr. Theodore James, Jr. Mr. and Mrs. Frank Mealy Mr. Edward Capobian¢o Mr. and Mrs. John J. Shelly Mr. and Mrs. Vernon Lueckoff Peconic Bay Garden, Inc. YOU ARE HEREBY GIVEN NOTICE: NOTICE 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) ~~~[n~.~t~[~ ). That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: East side of Indian Neck Lane, Peconic, New York (Parcels 1 and 2 on attached survey) 3. That the property which is the subject of such Petit[on is located in the following z~ning district: "A" Residential 4. That by such Petition, the undersigned will request the following relief: pe:Taission to provide a 25 foot roadway along the southerly boundary of parcel no. 1, for access to parce± 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- Article III 100-31 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: January 30, 1981 w IC~~~~/~. Attorneys for Petitioners Post Office Address P.O. Box 1424 Mattituck, NY 11952 NAME PROOFOFMAILING OFNOTICF ADDRESS Mr. Theodore James, Jr. Box 204 Peconic, NY 11958 Mr. Frank Mealy and Mrs. Frank Mealy Spring Lane Peconic, NY 11958 Mr. Edward Capobianco Box 362 Peconic, NY 11958 Mr. and Mrs. John J. Shelly Horton's Lane Southold, NY 11971 Mr. and Mrs. Vernon Lueckoff Box 259 Peconic, NY 11958 Peconic Bay Garden, Inc. RECEI~ RECEII NO IN NO II N T~- MR. Mr. I STREET~ S~REE' Box Spr STA1 ~0 ~ ?eco ~ec CERT (certified) RECEIF RECEI RECE NO IN NO I NO k NO SENT T( Mr. ! Mr. STREET~ STREET BOX ~ STREE' ~o, s~T ~¢t9 {~ Box Peco~ Scut P 6~ ST Peoc POSTAGE POSTA( POSTA£ CERTI 77 Country Village Lane New Hyde Park, NY 11040 P19 480983; RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERARE PROVIOED-- NOT FOR INTERNATIONAL MAIL (See Reverse) ~conic Bay Gardens, Inc. STREE~D ~Q ~;illaga Lane NY 11040 CERTIFIEO FEE ~PECIAL DELIVERY D DELIVERY SHOW TO WHOM ANO SHOW lO WHOM AND~ATt SHOWTO WHOM D~T[AND ADDRESS OF DELWERY WITH tOTAL .OSTAOE AND FEES Mattituckr New York (registered) mail. at on the 30th day set forth on the re- ; their respective ~wn on the United States Post Of- ; that said Notices were mailed to each of said persons by Sworn to before me this 30th day of January ~ , 19 81 No~r~ Public Ellen Preston DOROTHY HBNDE2, SO ,: ~IOTARY PUBLIC, Stale o~ New !No. 30-6848i00 Ouallfled in Nassau County &. j,~:'r' j. ~ C I-4z¥ UIV'IP,u APPEALS BOARD MEMBERS ROBERT W. Gl LLISPI E, JR., CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. TERRY TUTH ILL ROBERT J. DOUGLASS MINUTES Southold Town Board of Appeal March 1, 1979 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M. (E.S.T.) Thursday, March 1, 1979, at the Town Hall, Main Road, Southold, New York. There was present: Messrs: Robert W. Gillispie, Jr., Chairman; Serge Doyen, Jr.; Terry Tuthill and Robert J. Douglass. Also present were: Richard Curtis of the Suffolk Times. Lois Woodhull came to talk to the Board about the location of their right of way with her attorney, Abigail A. Wickham. She discussed with the~Board the location of the right-of-way they are requesting. The right of way described in their deed is the requested right-of-way. Ms. Wickham asked if the hearing could be scheduled earlier than April 12, 1979, and was advised that April 12, 1979, was the earliest it could be held. PUBLIC BEARING: Appeal No. 2524 - Upon application of Richard $chlumpf, 32 Curtis Path, East Northport, New York (Abigail A. Wickham,' as attorney), for a variance to the Zoning Ordinance, Article III, Section 100-31 and Bulk Parking Schedule for permission to divide pro- perty with insufficient area and width and a variance in accordance with Town Law, Section 280A for approval of access. Location of prop- erty: Right-of-way off Spring Lane, Peconic, New York, bounded on the north by James, Mealy, Capobianco, Wood and Lucckoff; east by Richmond Creek; south by Bedell; west by Indian Neck Lane. The Chairman opened the hearing by reading the application for a variance to the Zoning Ordinance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and disapproval from the Building Inspector. The Chairman also read a statement from the Town Clerk that notification by Certified Mail had been made to: theodore James, Jr.; Mr. and Mrs. Frank Mealy; Mr. Edward Capobianco; _. SOUTHOLD TOWN BOARD~ APPEALS -2- Mar~l, 1979 Mrs. Mabel Wood; Mr. and Mrs. Lucckoff; Peconic Bay Gardens, Inc. Fee paid $15.00 THE CHAIRMAN: The sketch accompanying the application datd April 3, 1964 indicates that the property is on the east side of Indian Neck Lane and consists of a total of about 80,000 square feet. The adjoining lots to the proposed "Parcel A" which is on Indian Neck Lane consist of lots No. 1, 2, and 4, which appear to be smaller in size than this "Parcel A" which is requested. Lot No. 1 is 125 feet by 165 feet; Lot No. 2 is 123 feet by 165; and Lot NO. 4 is 100 feet by 248 feet all of which are smaller than the applicant is requesting. Is there anyone present who wishes to speak for this application? ABIGAIL A. WICKHAM: We are requesting to divide this into two parcels mainly because of the shape of the parcel as a whole and the original layout of the parcels. We feel based on the surrounding lots that it is a division that is comparable with the other lots in the neighborhood. THE CHAIRMAN: The parcels are unimproved? MS. WICKHAM: Yes. THE CHAIRMAN: We looked at the property, and we went over to the right-of-way for "Parcel B." As it enters Spring Lane, there is a big hole and at the top of a little knoll, this right-of-way expires. It is unimproved. Apparently the people on Lot No. 6. It would have to be improved to reach "Parcel B." Who owns the right-of-way. MS. WICKHAM: It was at one time owned by Mr. Nelson. I believe it was conveyed to Lot No. 5. It was one of the people who was noti- fied of this hearing. THE CHAIRMAN: Lot 5 would not need it. They are right on Spring Lane. It might have been owned by the people on Lot 5, and then they might have sold it to the people who own Lot 6. MS. WICKHAM: It is either Lucckoff or Capobianco. I do not have them listed by lot numbers here. THE CHAIP~N: Are they the owners now? MS. WICKHAM: The Schlumpf's are under contract now to purchase the property. He does not own it at the present time. THE CHAIRMAN: From whom? MS. WICKHAM: Mrs. Francisco. It was Mrs. Tuthill. She has remarried and is now THE CHAIRMAN: But not the people who own the right-of-way? MS. WICKHAM: The proPerty to be purchased does have a right of way from the property on Spring Lane. " S~3UTHOLD TOWN BOARD~ APPEALS -3- Mar~ ~1, 1979 TERRY TUTHILL: It is legal and described? MS. WICKHAM: to Spring Lane. side of Lot No. Yes. It is described as 30 feet in width running It has been shown on the survey on the westerly 6. THE CHAIRMAN: Does anyone else have any questions? It was sug- gested that the lots should be equalized with 40,000 square foot in each lot. But I think that we agree that would not accomplish any particular purpose. In order to equalize them, you would have to move the line about 40 feet. MS. WICKHAM: This is the way the lots were originally laid out. If you did increase parcel A by moving the lot line 40 feet to the east, you would have a dog leg there, and would not really help anyone. It would just cut into Parcel B. THE CHAIRMAN: Are there any other questions? (there was no response). Does anyone wish to speak against this application? (there was no re- sponse.) After investigation and inspection the Board finds that the appli- cant wishes to divide a parcel containing 80,900 square feet into two plots. The Parcel labelled Parcel A will contain 33,300 square feet. Parcel B will contain 47,600 square feet and requires recognition of access from Spring Lane, Peconic, New York. The Board agrees with the reasoning of the applicant. There will be no increase in the projected density permitted in the Town of Southold. The Board finds that strict application of the Ordinance would pro- duce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Tuthill seconded by Mr. Douglass, it was v/~RESOLVED that Richard Schlumpf, 32 Curtis Path, East Northport, New York, be GRANTED permission to divide his property into two lots with insufficient area and width and be GRANTED recognition of access to Spring Lane, Peconic. Location of property: Right-of-way off Spring Lane, Peconic, New York, bounded on the north by James, Mealy, Capo- bianco, Wood and Lucckoff; east by Richmond Creek; south by Bedell; west by Indian Neck Lane, subject to the following conditions:  (1) The right-of-way from Spring Lane to Parcel "B" will be improved for a length of 266 feet in length and 10 feet in width by: ~(a) Stripping the top soil and replacing it with 6 or 8 inches of Bank run sand and gravel. (b) Stone blend for a width of 10 feet more or less in e center of the right-of-way~ 3/4 inch stone. ~gUTHOLD TOWN BOAR~ APPEALS -4- 1, 1979 Subject to the approval of the Southold Town Building Inspector. of the Board: Ayes: Gillispie, Doyen, Tuthill and Douglass. ~UBLIC HEARING: Appeal No. 2522 - Upon application of Marjorie M. hterworth and Stephen Moore both residing at 12120 New Suffolk Cutchogue, New York, for a variance to the Zoning Ordinance, III, Section 100-31 and Bulk Parking Schedule for permission to di~ property with insufficient area and width. Location of pro New Suffolk Avenue, Cutchogue, New York, bounded on the north by Suffolk Avenue; east by Plimpton; south by Peconic Bay; west by The variance to attesting to from the Bu the Town Clerk Elizabeth opened the hearing by reading the application for a Zoning Ordinance, legal notice of hearing, affidavits publication in the official newspapers, and disapproval Inspector. The Chairman also read a statement from notification by Certified Mail had been made to: Douglas Moore. Fee paid $15.00. survey accompanying the application indicates 20 feet on New Suffolk Avenue. The proposal THE CHAIRMAN: that the property is to divide the 220 into 110 feet in the westerly portion and 110 feet in the easterl~ the main house. Retreati the proposed division 100 feet, then running which would include the barn and from New Suffolk Road toward the bay, '.s perpendicular to New Suffolk Road for ally: for 50 feet and then perpendicular again to Great Peconic Bay. !he last perpendicular line is 79 feet from the Moore property, .cn\is to the west. The smaller lot will have 80 feet of frontage on the~bay, and the original house lot would have 140 feet on the bias. If t~is is done the newly created parcel would have a square foot area of ~4,000 square feet. The original house lot will have 50,000 square'~eet. The depth of the property is on the order of 400 feet; 390 on th~easterly boundary and 370 on the westerly boundary. The westerly por~on with the large frame house would be 15 feet from the proposed new Lot line. We also have in the file two letters objecting to this a cation. One letter is from Mary Moore Kelleher and reads as petition states, our grandfather's Arthur and Douglas by common consent. lived beside each other with affection and we must make a strong objection to her. sons: (1) We do not believe that the claim The petition states that the house is too lar¢ but does not mention the fact that it was because of its size, into two practible and self-contained with separate entrances, lived there for many years, and recently Mrs. living in one house and renting the other. (2) acter of "As Mrs. Butterworth's divided by his two sons, then our two families have ~odwill, and we regret that We do so for two rea- hardship is justified. present day living, in the 1950's just Each is complete :, etc. Two families has been We ~ink that the char- the area would be drastically altered becaus (a) Since th~ FRIC? i'ION .00 3O 5 · 000 · 00C (~ONgULT YOUR LAWTER BEFORE SIGNING THIS INSTIlUldENT--THI$ INSTRUMEI~ SHOULD l[ USID IY * . ~ OISm~ ~ICT f-iF C T I (}hi 8Lot, K . Thh Indmnture, made the ~ ~ay of Ap zl]~J , nineteen hun~it~d and s ev e~ty - n i n e 2 $ NOLA TUTTLE FRANCISCO formerly NOLA TUTTLE /Jo ,~z /Z2~/,v residing at Longwood College Farmville, Virginia 23901 party of the first part, and RICHARD A. SCHLUMPF and JANET J. SCHLUMPF, his ~ife residing at 3Z Curtis Path East Northport, Ne~ York 11731 party of the second part, Witnesseth, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, AJI that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, Iyin0 and b~.inginthe Town of Southold at Peconic, County of Su££olk and State of New York, more particularly bounded and described on Schedule "A" hereto annexed and incorporated herein by reference. Grantor herein 5s the same person as the grantee then known as Nolo Tuttle who acquired the property described on Schedule "A" from Albert Sacco a/k/a Albert A. Succo by deed dated January 3, 1969 and recorded January 15, 1969 in IAber (,489 cp 225 in the Suffolk County Clerk's Office. u, 8623 ' R EAE ~3 MAY 1 1 979 TRANSFER 'FAX ~- !: F~O,LK Together with a!l right, title and interest, if any, of thc party o[ the first part in and to any streets and ~oads abutting the above described premises to the cemer lines thereof; Together with the appurtenances and all the estate and rights of the party of the first part in and to said premises; To HaYe And To Hold the premises herein 9rained unto the party of the second part, the heirs or successors and assigns of the party of the second part ~orever. .And the party of the first part covenants that the party of the first part has not done or suffered anyth}ng whereby the said p~emises have been encumbered in any way whatever, except as afores-=id. And the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust f~md to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the pay- ment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. In Witn*u Whereo~o the party ot the first part has duly executed thi~ deed the dey and year first above written. in Presence Of: ,/ NOLA 'I'[J]'J'L5 FRANCISCO x ARDiLrR J. F£LICE u t 86 3 PARCEL I SCHEDULE A ALL that certain plot, piece or parcel of land, lying .and being at Peconic, in the Town of Southold, Suffolk and State of New York, described as follows: Lane of Indian Neck Lane of Spring Lane: RUNNING THENCE along George Glintenkamp; situate, County of more particularly bounded and BEGINNING at a point on the Easterly line of Indian Neck 248.0 feet southerly as measured along said easterly line from its intersection with the Southerly side lands no~ or formerly of T.'James and North 69 degrees 24 minutes 00 seconds East 265.0 feet; THENCE along the westerly line of Parcel II herein described; South 24 degrees 00 minutes East 125.66 feet to land formerly of Bedell; now or formerly of Peconic Bay Gardens Inc.; THENCE along said last mentioned lands, South 69 degrees 24 minutes 00 seconds West Neck Lane; THENCE along said 00 minutes West 125.66 265.0 feet to said easterly line of Indian easterly line of Indian Neck Lane North 24 degrees feet to the point or place of beginning. /GEL II ALL that .5 certain plot, sCHEDL~,E A piece or parcel of land, situate, lying and being at Peconic, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the Southwest corner of premises hereinafter described, said point being distant the following two courses and distances from the corner formed by the intersection of the southerly side of Spring Lan( and easter.ly side of Indian Neck Lane: 1. South'24'degrees 00 minutes East 373.66 feet along the easterly sid~ of Indian Neck'Lane to-land formerly-of Bedell, now or for~erly of peconic BaY Gardens, Inc., and 2. North 69 deg{ees 24 minutes East 265.0 feet along said last mentioned ]_ands to the point of beginning; RUNNING THENCE from said point of beginning North 24 degrees 00 230.05 feet; 66.66 feet; feet, more or minutes West 173.66 feet; RUNNING THENCE North 69 degrees 24 minutes East RUNNING THENCE South 24 degrees 00 minutes East RUNNING THENCE North 69 degrees 24 minutes East 199 ]ess, to the ordinary high water mark of Richmond Creek; RUNNING THENCE Southerly along said high water mark of Richmond Creek as same ~inds and turns ]10.00 feet, more or tess, to a point and land formerly of Bedell; now or formerly of Peconic Bay Gardens Inc.; RLTN-NING THENCE along said land South 69 degrees 24 minutes West 414 feet more or less, to the point or place of BEGINNING. foot right of way described as follows: SprinF l.ane. 465.0 feet_ TOGETHER with a 30 BEGINNING at ~ point on the southerly line easterly as measured along said southerly line of Sprin~ Lane from i~Ls intersectinn with Indian Neck Lane~ ~UNNING THENCE easterly along said southerly line of Spring Lane, north 69 degrees, 24 minutes 00 s d . HENCE ~O o O0 minnteS, O0 seconds west, 200 feet t the THENCE north 24 d~g~ees point or place of B~GiNNING. SAID right of way is hereby given subject to the purchaser, his heirs, and assigns, sharing all maintenance costs of sa~d described ri~h~o± way equally with the owner thereoft x ^RIHUR J. [[LICE .... ~,k APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRtNGER Joseph H. Sawicki Southold Town Board of Appeals MAIN RnAD- STATE ROAD 25 E~EIUTH~3LD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 June 9, 1981 Abigail A. Wickham, Esq. Wickham, Wickham & Bressler, Main Road, P.O. Box 1424 Mattituck, New York 11952 P.Co Re: Appeal No. 2786 - Richard A. and Janet Schlumpf Schlumpf to James Dear Mrs. Wickham: Pursuant to our discussion at the last regular meeting of this Board on May 14 and your letter of June 8, this letter is to confirm that Condition No. 5 of the Board's decision made on April 2, 1981 shall be interpreted to mean that "...no building permit or Certificate of Occupancy shall be issued for Parcel II until all of the conditions of the subject decision have been complied with .... " If you have any questions, please don't hesitate to call. Yours very truly, CHARLES GRIGONIS, CHAIRMAN CG:ec cc Building Department / Z.B.A. members 7.9 A 5.0A (¢) FOR PARCE_ NO SEE SEC N0.085 9 49 5A(c) 9 9.6A lc) 8 MATCH FOR PARCEL NO. ' ~'~,~r.~-~L,~. SEE SEC. NO. 098-Ol-OOJ.l'~\~a-"~o'