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HomeMy WebLinkAbout2750 Appeal has been made regarding this property on 10-22-75 in Appeal #2089 approving the change in lot li~e between Lots 2 and 3 (increasing size of Lot 2 by 12' x 100, a'nd~ecreasing"~'&e.of Lot 3 by same). Linda K. 9/29/80 TOWN OF SO~HOLD, NEW YOI~K ACTION OF THE ZONinG BOARD OF APPEALS Appeal. No. 2750 Application Dated September 24, ACTION OF TH~ ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Abigail A. Wickham, Esq., attorney for Mr. and Mrs. Harry J. Baglivi 1980 Appellant S · at a meeting of the Zoning Board of Appeals on war 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 Ar t. I I I, ( ) November 20, 1980, the appeal Sec. 100-31 1. SPEO~~XR~Xd/~Kih~l~O~N~)i~Xd~X~hl/~lY,~d/alil~elti~el~on ( ) be ~anied ( ) be denied pursuant te ~tlcle .................... ~ct~n .................... S~soction .................... para~a~ .................... of the Zoning O~inance and the decision of the Building I~pecter ( ) be reversed ( ) be co~med because Public Hearing: 10/16/80: Application of Harr~ J. and Lillian A. Baglivi, Nassau Point Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area and width of three proposed parcels. Location of properties: Nassau Point Road and Wunneweta Road, Cutchogue, NY; bounded north by Alexander and Golden; west by Wunneweta Road; south by Horowitz; east by Nassau Point Road. County Tax Map Item No. 1000-111-4-32. (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 because (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 war further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ZONING BOARD OF APPEALS FORM ZB4 After investigation and personal inspection, the Board finds as follows: Appellants have appealed to this Board seeking a variance for approval of the insufficient area and width of three proposed par- cels, 24,635 square feet, 20,630 square feet, and 20,620 square feet, and 101.36 feet, 100.28 feet, and 129.60 feet in width, respectively, located at Nassau Point and also known as Nassau Point Amended Map No. 156, Lots 168 and part of 169. There is presently erected on proposed Lot No. 2 (easterly half of Subdivision Lot No. 168) a one-story frame house; presently erected on proposed Lot No. 1 (easterly half of Subdivision Lot No. 169) a garage and small shed. Appellants have stated their intention to construct an in-ground swimmingpool in Appeal No. 2751, simultaneously filed and heard with this variance application, on proposed Lot No. 3 (westerly half of Subdivision Lot No. 168). The Board is in receipt of two County Department of'Health Services has basic water-quality problems and supply. letters from the Suffolk indicating that Nassau Point a relatively limited water The findings of the Board are that the lots proposed are undersized in a recommended low-density area and would have a detrimental effect on the surrounding area at Nassau Point. The creation of these lots would also set a precedent for the divi- sion of surrounding lots which are somewhat 40,000 square feet in area. The Board determines that the variance requested in relation to the Code requirements is substantial; that if the variance is granted, a substantial detriment to adjoining property will be created; that the interests of justice will be served by denying the variance applied for herein. On motion by Mr. Doyen, seconded by Mr. Sawicki, it was RESOLVED, that Harry J. and Lillian A. Baglivi be denied a variance to the zoning ordinance, Art. III, Sec. 100-~, Appeal No. 2750. Location of property: Nassau Point Road and Wunneweta Road, Cutchogue, NY; bounded north by Alexander and Golden; west by Wunneweta Road; south by Horowitz; east by Nassau Point Road. CountY Tax Map Item No. 1000-111-4-32. Vote of the Board: Ayes: Messrs. Douglass, Doyen, Goehringer and Sawicki. Absent was: Mr. Grigonis. APPROVED rd ~f Appeals~Pro Tern) RECEIVED AND FILED BY T~ SOU~'iiOLD TOWN CLE. F~ DATE/4!/.~/~ HOUR To~ Clezk, Town of ~uthcld 0 0 Page 2 Legal Notice of Hearings Board of Appeals 10/16/80 Meeting 8:10 p.m. Application of Yasar Gucer, by Charles S. DeVoe, 3630 Orchard Street, Orient, NY 11957, for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct dwelling with insufficient sideyards. Location of property: 45 Osprey Nesk Road, Greenport, NY; bounded north by Osprey Nest Road; west by Manners; south by Paulisen; east by Dawn Estates Shopping Center. County Tax Map Item No. 1000-35-6-38. 8:25 p.m. Application of John J. and Ethel Moon, 104 Lipton Lane, Williston Park, NY 11596, for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct dwelling with insufficient frontyards. Location of property: 6520 Skunk Lane and 80 Haywaters Drive, Cutchogue, NY; bounded north by Skunk La. (Bay Ave.); south by Smith; east by Haywaters Drive. No. 1000-104-5-4. west by Murchek; County Tax Map Item 8:35 p.m. Application of Dwight A. Horne, 750 Village Lane, Orient, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area and width of two proposed parcels. Location of properties: 750 and 800 Vil- lage Lane, Orient, NY; bounded north by DeEastines; west and south by Norklun; east by Village Lane; County Tax Map Item No. 1000-25-1-14 and 15. .'50 p.m.I of J. and Lillian A. Application Harry Bagl~au Point Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area and width of three proposed parcels. Location of properties: Nassau Point Road and Wmnneweta Road, Cutchogue; bounded north by Alexander and Golden; west by Winneweta Road; south by Horowitz; east by Nassau Point Road; County Tax Map Item No. 1000-~111-4-32. LEGAL NOTICE OF HEARINGS Pursuant to Section 267 of the Town' Law a~d the Provi- sions of the Amended Code of the Town of Seuthold, the following matters will be held for public hearings by the Board of Appeals, Town of Southold, at Town Hall, Main Read, Seuthold, New York on Thursday, October 16, 1~0: 7:35 p.m. Application of Leon and Pauline Krementz, Schoolhouse Creek, Now Suf- folk, NY 11956 for a Variance to the Zoning Ordinance, Art. VIH, Sec. 100.80 fcc permis- sion to construct detached garage in the front and/or side yard area. Location of proper- ty: 1640 First Street, New Suffolk, NY; bounded north by Schoolhouse Creek; west by by Uhl and Cutohogne Harbor; COunty Tax Map Item No. 1000-117o5.46.3. 7:45 p.m: Application of Gus Dourmas, by William H. Price, Jr., Esq., a2a Front Street, Greenport, NY 11944 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to cOnstruct dwelling with insufficient front and rear yard setbacks. Loua-. tion of property: Manbamet Ave. and Landing Lane, ~reenport, NY; bounded north y Manbanset Ave.; west by Pittas and Grufas; seath by Grufas and Mylones; east by Map Item No. 1000-43.4-6. 7:55 p.m. Application of Ec- des Pridgen, by Horton Con- structiua Co., Koures Read, ~ox 21, New Suffolk, NY 11956, or a Variance to the Zoning Ordiuanca~ Art. III, Sec. 100-31 for approval d insufficient width of a parcel to bo estab- lished in a subdivision. Loca- tion of prol ': South side of Great Pecon,,. Bay Boulevard, Laurel, NY; bounded north by Great Peconic Bay Boule- vard; east by A. Cardiuale Estate and Catalano; south by Peconic Bay; west by Kendel, Smith, Bayuk, Carey and Gan- non. County Tax Map Item No. 1000-128-6-14 and 15. 8~ 10 p.m. Application of Ya- sar Gucer, by Charles S. De- Voe, 3630 Orchard Street, Orient, NY 11957, for a Var- lance to the Zoning Ordinance, Art. III, Sec. 100-31 for per- mission to comtruct dwelling with insufficient sideyards. Location of property: 45 Os- prey Nest Read, Greenport, NY; bounded north by Osprey Nest Road; west by Manners; south by Paulisen; east by Dawn Estates Shopping Cen- ter. County Tax Map Item No. 1000-35-6-38. 3:25 p.m. Application of John J. and Ethel Moon, 104 Lipton Lane, Williston Park, NY 11596, for a Variance to the Zoning Ordinance, Art. IlL Sec. 100-31 for permission to construct dwelling with insuf- ficient frontyards. Location of property: 6520 Skunk Lane and a0 Haywaters Drive, Cut- chogue, NY; bounded north by Skunk La. (Bay Ave.); west by Murcbek; south by Smith; east by Haywaters Drive. County Tax Map Item No. 10~0-104-5-4. 8:35 p.m. Application of Dwight A. Home, 750 Village Lane, Orient, NY for a Var- lance to the Zoning Ordinance, Art. III, Sec. 100-31 for ap- proval of insufficient area and width of two proposed parcels. Location of properties: 750 and ~00 Village Lane, Orient, NY; bounded north by DeEas- tines; west and south by Nork- lun; east by Village Lane; County Tax Map Item No. 1000-23-1-14 and 15. ,/! 8: 0 p.m. Application of_of_.[ Harr J. andLilh'an A. v...Yh_~ ~assau Point R~d, Cu"/:'- chogue, NY for a Variance to /ne Z~oning Ordiuance~Art~ iIIL ..Sec, 100-31 for approval of i.~.~.ufficient area and Width Of- three proposed parcels. ~a~ ffon oi properties: Nassau Point Road and Wunnoweta Road, Cutohogue; bounded north by Alexander and Gold- en; west by Wnnneweta Road; south by Horowitz; east by Nassau Point Road; County Tax Map Item No. 1000-111-4- 32. 9:00 p.m. Application of Harry Baglivi, by Skinny Dip Pools, Inc., P.O. Box 10~, Mattituck, NY 11952, for a Variance to the Zoning Ordi- uance, Art. III, Sec. 10032,for permission to construct swim- ming pool in frontyard area. Location of property: 3440 Nassau Point Road, Cut- chogue; bounded north by Alexander and Golden; west by Wunneweta Read; south by Horowitz; east by Nassau Point Road; County Tax Map Item No. 1000-111-4-32. 9:10 p.m. Application of Charles Sidorowicz, 125A Cox Neck Read, Mattituck, NY for a Variance to the Zoning Ordi- nance, Art. III, Sec. 100-32 for permission to construct gar- age in sideyard area. Location of property: 125A Cox Neck Road, Mattituck; bounded northeast by Mattituck Creek; northwest by Mrowicki; south- west by Cox Neck Road; southeast by Sievernich; County Tax Map Item No. 113-8-4. 9:20 p.m. Application of Thomas Yasao, 1055 Sound- view Avenue, Mattituck, NY for a Variance to the Zon- ing Ordinance, Art. III, Sec. 100-31 for permission to con- struct addition with an insuf- ficient sideyard setback. Lo- c.ation of property: 1055 Sound- wew Avenue, Mattituck; bounded north by L.I. Sound; west by Stritzler; south by Soundview Avenue; east by Mattituck Shores Associates; County Tax Map Item No. 1000-94-1-9. 9:35 p.m. Application of Fanny Behlen Community Health Center, P.O. Box 659, Gresnpert; NY for a Special Exception to the Zoning Ordi- nance, Art. III, Sec. 100-30 for permission to erect an ambu- latory care clinic on residon- tially-zoned property located at the South side of North Road (C.R. 28; also C.R. 27L :l Greenpurt, NY; bounded north by North Road; west by Fen- no; south by Fransisco; east by Nedeszytko; County Tax Map Item No. 100040-3-3.1. 10:00 p.m. Application of Fanny Behlen Community :s Health Center, P.O. Box 659, Greenport, NY for a Variance · to the Zoning Ordinance, Art. III, Section 100-30 for pennis- sion to erect an abniatory care clinic on residentially-zoned ~. property located at the sualh side of North Road (C.R. 28, also C.R. 27), Grcenpart, NY; bounded north by North Road; w. est by Fenno; sealh by Fran- s~sco; east by Nedeszylko; .. County Tax Map Item No. 1000-40-3.3.1. · · Dated: Septembor 25, 1960. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEAL~ 1T09~3531 LEGAL NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the Pro- visions of the Amended Code of the Town of Southold, the following matters will be held for' public hearings by the Board of Appeals, Town of Southold, at Town Hall, Main Road, Southold, New York on Thursday, October 16, 1980: 7:3S p.m. Application of Leon and Pauline Krementz, Schoolhouse Creek, New Suf- folk, NY 11956 for a Variance to the Zoning Ordinance, Art. VIII, Sec. 100-80 for per- mission to construct detached garage in the front and/or side yard area. Location of prop- erty: 1640 First Street, New Suffolk, NY; bounded north by School House Creek; west by Tuthill; south by Tuthill; east by Uhl and Cutchogue Harbor; County Tax Map Item No. 1000-117-5-46.3. 7:45 p.m_. Application of Gus. Village Lane; County Tax Map Item No. 1000-25-1-14 and 15. 8:50 p.m. application of, ' Harry J. and Lillian A. BaglivL .Nassau Point Road, CUtch'' 0gue NY for a Variance to the' Zoning Ordinance, Art. III,' sec~ 100-31 for apprOval of ,insufficient area and width of three proposed parcels. Loc~ ation of properties: Nassau Point Road and Wunneweta Road, Cutchogue; bounded north by Alexander and Gol- den; west by Winneweta Road; south by Horowitz; east by Nassau Point Road; County i Tax Map Item No. 1000-111- 4-32. 9:00 p.n{. Application o}' Harry Baglivi, by Skinny Dip Pools, Inc., P.O. Box 108, Ordinance, Art. iiI~'~ec: 100. 31 for permission to construct addition with an insufficient sideyard setback. Location of property: 10SS Soundview Avenue, Mattituck; bounded north by L.I. Sound; west by Stritzler; south by Soundview Avenue; east by Mattituck Shores Associates; County Tax Map Item No. 1000-94-1-9. 9:35 p.m. Application of Fanny Behlen Community Health Center, P.O. Box 659, Greenport, NY for a Special Exception to the Zoning Ordin- ance, Art. Ill, Sec. 100-30 for permission to erect an ambula- tory care clinic on resident- ially-zoned property located at the South side of North Road (C.R. 28; also C.R. 27), . GreenPort, NY; bounded rlorth by North Road; west by Fenno; south by Fransisco; east by Nedoszytko; County Tax Map Item No. 1000-40-3-3.1. 10:00 p.m. Application of Fanny Behlen Community Health Center, P.O. Box 659, Greenport, NY for a Variance to the Zoning Ordinance, Art. III, Section 100-30 for per- mission to erect an ambulatory care clinic on residentially- zoned property located at the south side of North Road (C.R 28, also C.R. 27), Greenport, NY; bounded north by North Road; west by Fenno; south by Fransi~co; east by Nedoszytko; County'Tax Map Item No. 1000-40-Y3.1. Dated: September 25, 1980 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS IT, 10/9/80 (10) COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed crt 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 .......... j.. ..........................weeJ~ successively, commencil~ on the .../. ................................... day of .... ~~ ........ , 19..?.. .... Sworn to before me this //0 clay or OWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. 2 DATE ......... Nome of Appellant Street and Number ............................................................ · .'/~...:...~... ...... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ......... .~../.~...'~.l..?....O. ..................... WHEREBY THE BUILDING INSPECTOR DENIED TO ...................... ...................................... Name of Applicant for permit Street and Number ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY Municipality State 1. LOCATION OF THE PROPERTY ...... .../~....~..,..~...,.~......~....(~. ...... '~'-..f.~....:.,..~...,~..: ......... ..~.......~...~,~?..D~..~'t-t~ k.- 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.) 3. /TYPE OF APPEAL Appeal is made herewith for (~/I) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit (v~) request for a variance - o ox and was made in Appeal No ................................. Dated .................. ~ ............................. REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ~s requested for the reason that form ~.]al (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 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 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF ) ss COUNTY Sworn to this ................ ~....(~',.i.,.,~.,. ........... day JUDITH T. TERRY Notary Public, State of New Ho. 52-0344963 Suffolk Count~o~ Commission Expires March $0, 19~ Fl-' X TOWN OF ,~I~I$'rHOLD i~OI~.itTY itKOItD CAR'D OWNER STREET ~ VILLAGE DIST, SUB. LOT ~j~.7///j.~ / ~' ~,. FOYER OWNER N E ACR. S W ~PE OF BUILDING R~. ~// S~S. ~ ~ FA~ COMM. CB. MISC. Mkt. Value ~ND IMP. TOTAL DATE REMARKS/j/~ ~//~//~ AGE BUILDING CONDITION N~ NOeL BELOW ABOVE FARM Acre Value Per Value Ac re Tillable 1 Tillable 2 0 Tillable 3 W~land Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD / House Plot DEPTH BULKH~D Total TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. No'rICE OF DISAPPROVAL ............................................................ L~.....~.,.~- ~ ~ ~ I~ ~ ~ ~'-- for permit to ~ ............. ~...~....~!....at the premises located at .................................... .......... ~....~...~.~...~S,r~~ ~ C~--~ returned herewith and disapproved on the following grounds ....... L./~...~...~..~. ,/~?..~...E..../~...-~.. .................. .~.~ ........ .~ ....... ~..~.~ ............... .0~..~ .......... /...~..°...-...~Z ...................................... Building Inspector TO VN OF SOUTI OLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 21 October TEL. 765-1802 1982 Mr. Harry Baglivi Nassau Point Road Cutchogue, NY 11935 Dear Sir: The property in question was divided (by Planning Board) on June 23, 1969 while under the ownership of George Mathews. These two lots were listed as ~ots #168 and lot #169, divided they became lots 1-2-3-4. From our conversation, I got the impression that this was the condition when you purchased the entire property. Subsequently, you soldt6ff ~0t #4. In 1971 the zoning code was updated, requiring a minimum of 40,000 sq. ft. or an acre of property in order to have a build- able lot. At the time this did not effect your property as they were pre-existing. In 1975 you went to the Board of Planning~ requesting a lot line change on lots 3 & 2 so you would~e able to build a house for your daughter. This was granted. After 1975 laws were enacted, Federal, State, etc. one of which states that if property has been subdivided, and all parcels re- main in the same name and said parcels are not developed within three years, then said parcels will merge back into a single parcel. On September 29, 1980 you applied to ~he Board of Appeals for per- mission to put a swimming pool in your backyard (former lot #2). You had been informed by the Building Department of what had hap- pened to the property. You were informed, at the hearing, that as one piece of property, you could put a swimming pool in what would be considered the rear yard and you indicated the pool was what you wanted. This was approved. You then (the same evening) requested a variance to redivide the now merged one piece of pro- perty back to three lots and this was denied. The board did indi- cate that although there are water problems among other things, they might entertain ~uildi~ the property into two lots. At present, 'i would have to say that with the research done on this Plot, you have one lot. Any ction you would care to ake in chang- ing this status would require action from both the Planning Board and the Board of Appeals. Hoping this will clarify things, I remain. Sin~er~ours, Victor Lessard Executive Administrator VL:jm Southold Town Board of Appenls MAIN ROAD- STATE: ROAD 25 SOUTHOLD, L.l,, N.Y. 11g'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P, GOEHRINGER Joseph H. Sawicki January 19, 1981 Abigail A. Wickham, Esq. Wickham, Wickham & Bressler, Main Road, Box 1424 Mattituck, NY 11952 P.C. Re: Appeal No. 2750 Application of Harry J. Baglivi Your Correspondence Dated January 15, 1981 Dear Mrs. Wickham: Please be advised that the Board of Appeals reviewed your correspondence to the Board dated January 15, 1981 requesting that the Board reconsider its decision on Appeal No. 2750, and it is the consensus of the Board not to re-hear this matter to change, modify or reverse its decision of November 20, 1980. If you have any questions, please do not hesitate to call. Very truly yours, CHARLES GRIGONIS, JR. CHAIRMAN CG:lk SUPBEME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK Application of HARRY J. BAGLIVI and LILLIAN BAGLIVI, Petitioners, Index No. NOTICE OF PETITION For a -jud~ent pursuant to Article 78 of the C~LR -against- THE ZONING' BOARD OF APPEALS OF THE TOWN OF SOUTHOLD, Respondent. Upon the annexed petition of HAP~Y 'J. BAGLIVI and LILLIAN BAGLIVI, verified Jap,,~vy 16, 1981, an application will be made to this Court at a Special Term, Part I, at the Courthouse,-Griffing Avenue, Riverhead, New York, on February 17, 1981 at 9:30 a.m., for a judgment granting the relief demanded in the petition. A verified answer and supporting affidavits., if any, must be'served at least five (5) days before the return date of this-application. PLEASE TAKE NOTICE that pursuant to CPLR 7804 (e), 'you are directed to file wit~the Clerk of the Court your answer, and answering affidavits, together with a certified transcript of the record of the proceeding under consideration, together with the entire official file containing the records of. the petitioner herein held by the respondent and referred to in said proceedings as being in the record as official records kept by the respondent herein. Suffolk County is 'designated as the venue of this proceeding on the basis of the location of the property which is the subject of the application. Dated: Mattituck, New York January 16, 1981 ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD Southold Town Hall Main Rnad Southold, NY 11971 WICKHAM, WICKHAM & BRESSLER, P.C. AttOrneys for Petitioner Main Road - P.O. Box 1424 Mattituck, New York 11952 (516) 298-8353 © · O SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK Application of HARRY J. BAGLIVI and LILLIAN BAGLIVI, Petitioners, Index No. PETITION For a judgment pursuant to Article 78 of the CPLR -against- THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD, Respondent. Petitioners, HARRY J. BAGLIVI and LILLIAN BAGLIVI, respectfully allege 1. Petitioners are the owners of premises at Nassau Point, Cutchogue, Town of Southold, Suffolk County, New York, situated on the west side of Nassau Point Road, Nassau Point, Cutchogue, New York, being the easterly half of Lot 169 knd all of Lot 168 on Amended Map A of Nassau Point, filed in the Suffolk County Clerk's Office as Map Number 156, also known as Lots 1, 2 and 3 on Map of Land for George Matthews at Nassau Point, surveyed by Van Tuyl & Son on June 16, 1967 and accepted as a minor subdivision by the Southold Town Planning Board on June 23, 1969. 2. Respondent is and at all times mentioned was the ZONING BOARD OF APPEALS OF TH~ TONWOF SOUTHOLD. 3. Pursuant to the Zoning Ordinance of the Town of Southold, the Planning Board of the Town of Southold approved a minor subdivision for George Matthews at Nassau Point, on June 23, 1969, which minor subdivision divided' property owned by said George Matthews, constituting Lot 168 and LOt 169 on sa/ Amended Map A of Nassau Point into four lots, as shown on the survey attached hereto as Exhibit A. 4. Petitioners acquired said Lots 1, 2 and 3 in said minor sub- division on October 30, 1969 and are still the owners of said premises. Said premises are located in the "A" Residential and Agricultural zoning district of the Town of Southold. 5. At the time petitioners acquired said premises, the Zoning Ordi~ nance provided for a minimum lot area of 20,000 square feet in the "A" Residen- tial and Agricultural district. · 6. On or about October 30, 1973, the Southold Town Board amended the Zoning Ordinance to provide for a minimum lot area in the "A" Residential and Agricultural district of 40,000 square feet and a minimum lot width of 150 feet. Excepted from these area and width requirements were lots shown on subdivision maps specified in Section 100-12 of the Zoning Ordinance, including said Amended Map A of Nassau Point, and the lot areas and widths applicable to said lots were to be as shown on said maps. 7. By resolution No. 2089, dated November 6, 1975, the Zoning Board of Appeals granted a variance to petitioners permitting petitioners t~~ alter the property line between Lots 2 ~ld 3, by moving said line 12 feet to the west in order for petitioners to be able to build on Lot 3 without changing their parking 'f~t or their garage entrance located on Lot 1. The resolution app~ovin the variance ~as subject to approval of the Southold Town Planning Board. 8. On or about-November i7, 1975, the Planning Board reviewed the said application. 9. By resolution mede November 17, 1975, the Southold Town Planning -2- 3oard approved the action of the Board of Appeals granting permission to alter ~he property line. 10. On or about September 24, 1980, petitioners filed an application with the Building Inspector'of the Town of Southold, for a permit to divide the ~roperty into the three lots as shown on Exhibit ~, in order to build a ~ ~wimming ~ool on Lot 3. 11. The application was denied by the Building Inspector on September 2 1980, on the grounds of insufficient area and width pursuant to Section 100-31 of the Zoning Ordinance. 12. On or about September 24, 1980, petitioners filed an appeal from said denial with the Zoning Board of Appeals, designated Appeal No. 2750. 13. On October 16, 1980, after due notice, the ~ppeal came on for hearing before the Board of Appeals, at which time petitioners maintained that three valid building lots in fact existed and requested the Board to confirm this fact to the Building Inspector. 14. After recessed hearing on November ~0, 1980, the Board of Appeals affirmed the decision of the Building Inspector and denied petitioners' applica- tion. 15. The decision of the Board appeared in its resolution dated December 3, 1980 and filed by the Southold Town Clerk on December 22, 1980, a copy of which is attached as Exhibit Bi 16. Evidence was duly presented to the Board showing facts upon which )etitioners' application should have been granted, and petitioners reallege land reaffirm such facts as follows: (a) The Planning Board approved a minor subdivision of the property on June 23, 1969 of four lots. ·--3-- (b) Petitioners acquired Lots 1, 2 and 3 on October 30, 1969, being half of Lot 168 and all of Lot 169 on Amended Map A of Nassau Point. (c) On or about October 30,· 1973, minimum residential lot size in Southold Town was raised from 20,000 to 40,000 square feet, and minim~ width from 100 to 150 feet. · (d) Lots on Amended Map A of Nassau Point were excepted from this change. (e) In November of 1975, the Zoning Board of Appeals granted a variance changing a lot line in the minor subdivision, being the line between Lots 2 ~nd 3, and the Planning Board reviewed the subdivision and approved the change. (f) There has been no further change in the 40,000 square foot minim~n lot area and 150 square foot width requirements for residential lots since the aforesaid review by the Board of Appeals and Planning Board in 1975. 17. it is a hardship to deny the petitioners the existence of three separate lots, when lots on Nassau Point were excepted from the increased minimum lot requirements and when the Board of Appeals and Planning Board h~d reviewed and reapproved Lots 1, 2 and.3 of the minor subdivision 'in 1975. 18. Notice was given to all property owners affected by this applica- tion. ~ The application is unique and would not change the character of the district,, because it asks merely to affirm the zoning of the lots as three separate lots. 20. The action and determination of the Board of Appeals was. and is -4- unsupported by substantial evidence, illegal, arbitrary, capricious, unconstitu' tional, improper, and an abuse of discretion'in that the Board of Appeals neglected to take into account the legal status and history of the property as it relates to the' zoning laws. WHEREFORE, petitioner respectfully requests that pursuant to the provisions of the statute in such cases made and provided, a decision be entere( herein, directing that the decision of the Zoning Board of Appeals of the Town of Southold be annulled and that its determination that petitioner not have a variance be reversed, and for such other and further relief as to this Court may deem just and proper, together with costs and disbursements of this pro- ceeding. WICYJ~AM, WICKHAM & BRESSLER, P.C. -Attorneys for Petitioner Main Road - P.O. Box 1424 Mattituck, NY 11952 (516) 298-8353 STATE OF NEW YORK) ·' SS.: COUNTY OF SUFFOLK) HARRY J. BAGLIVI, being duly sworn, deposes and says: deponent is one of the Petitioners in the within action; deponent has read the foregoing Petition and knows the contents thereof; the same is true to deponent's own knowledge, except as to the matters therein stated' to be alleged on information and belief, and as to those matters, deponent believes it to be true. Harry J. Baglivi Sworn to before me this 16th day of January, 1981 NOtary Public STATE OF NEW YORK) COUNTY OF SUFFOLK) N-ho. 468~,534 - LILLIAN BAGLIVI, being duly sworn, deposes and says: deponent is one of the Petitioners in the within action; deponent has read the foregoing Petition and knows the contents thereof; the same is true to deponent's own knowledge, except as to the matters therein stated to be alleged on information and belief, and to those matters deponent believes it to be true. Lillian Baglivi Sworn to,before me this 16th day of JAnuary, 1981 Notary Public Sir:-Pleese take notice ? i dul~ entered in the office o! the clerk of the wi~in ~ : n~.ed court on 19 '~ WICKHAM, WICKHAM & BRESSLER, P.C. ,. 0 .0 0 Attor'''~''l°T ) ~ To ': ~ S~:--ffie~ ~ nofi~ ~t ~ o~r lot se~t ~ ~e H~ , oL o ~ WICKHAM, WICKHAM & BRESSLER, P.C- ~ Ollic~ a~ Po~t Olli~* Addr~* To ARomey(s) for No. ¥~r 19 SUPREME COURT ~ .~TATE OF NI~W YORK Ap91ication of ~ARI~ J. ~AGLiVX and. LILLIAN BAGLIVT, ' P~.~lCionere, For & Judgment pursuant to Art£cle 78 o~ the CPLR -against- Tlr~- ZOI~I.'~G ~OARD OF~ APPEALS OF THE TOW:: OF SOUTItOLD, i Resgondent. ..qOTICt: OF P,ET,ITION /~D ,PgTI, TIOR, WICKHAM, WICKHAM & BRESSLER, P.C. A.or~y; 1~ .~eti=ioners Office ~ad Pmr O#ic~ A~dre~, Telepko.~ MAIN ROAD To At, omen(s) for Servic~ of e copy of the within is hereby edmltted. Dated, Attorney(s) for WICKHAM~ WICKHAM & BRESSLER, ~.c. January 15, 1981 Southold Town Board of Appeals Town Hall Southo ld, NY 11971 Appeal No. 2750 Application of Harry J. and Lillian Ba~livi Gentlemen: Pursuant to a telephone conversation with Mr. Goehringer, I would like to request that the Board reconsider the decision on appeal no. 2750 re- garding the Baglivi property. I would be glad to discuss the matter further with the Board andMr. Baglivi and await your advice. The Baglivis are contemplating an Article 78 action, which will have to be ~ommenced within the next few days in order to preserve our rights under the time limitations of the statute. However, we would welcome the oppor- tunity to discuss the matter further with the Board to see if there can be a resolution without litigation. Very truly yours, ~i~il~A~.Wickham AAW: ep COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEE: E. KOPPE:LMAN DIRECTOR OF PLANNING January 15, 1981 Mr. Charles Grigonis, Jr., Chairman Town of Southold Zoning Board of Appeals Southold Town Hall - Main Road Southold, New York 11971 Application of 'harry J. Baglivi" (#2750), Town of Southold (SD-80-11). Dear Mr. Grigonis: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the Suffolk County Planning Comission on January 14, 1981 reviewed the above captioned application and after due study and deliberation Resolved to dis- approve it because of the following: 1. It constitutes an apparent infringement on legislative powers exclusively delegated to the Town Board; 2. It would only tend to undermine the effectiveness of the zoning ordinance; 3. It would alter the character of the area and establish a precedent for the continuance of such land development patterns in the locale; 4. There appears to be no demonstrable grounds of practical difficulty or unnecessary hardship at the site; and 5. It is inconsistent with water supply limitations in the Nassau Point area. Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner GGN:jk Joseph H. Sawtckt January 14, 1981 Abigail A. Wickham, Esq. Wickham, Wickham & Bressler, Main Road, Box 1424 Mattituck, NY 11952 PoCo Re: Appeals No. 2750 and 2751 Applications of Harry J. and Lillian Baglivi Dear Gall: Enclosed herewith are the set of photocopies you requested this date pertaining to the hearings of Harry J. and Lillian Baglivi. Please convenience. Town Clerk.) forward $6.00 in payment of same at your earliest (Checks should be eade payable to the Southold Yours truly, Enclosures Linda F. Kowalski Secretary I- I?-$1 Southold Town Board of Appeals MAIN RnAD- BTATE RrlAD 2.5 Sl3UTHDLD, L.I., N.Y. 11cj71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS. JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOERRINGER Joseph H. Sawicki November lO, 1980 Robert W. Tasker, Esq. 425 Main Street Greenport, NY 11944 Re: Appeal Nos. 2750 and 2751 Applications of Harry J. and Lillian Baglivi Location of Property: Nassau Point Road, Nassau Point Dear Mr. Tasker: On October 16, 1980, the Board of Appeals held public hearings concerning two appeal applications of Harry J. and Lillian Baglivi in which he requested: (a) permission to re-establish Lots 1, 2 and 3 as they existed in the 1969 Minor Subdivision No. IO of George Matthews, with insufficient area and width; and (b) permission to construct accessory swimmingpool in the frontyard area as deter- mined by the Building Inspector because of the merger. The history of the property involved is as follows: (a) This property was known as Lots 168 and 169 of "Amended Map A of Nassau Point," Map No. 156, which is on the Excepted List of Subdivisions, Article I, Section 100-12. Both of these lots contained more than 40,000 square feet; the width at least lO0 feet. (b) On June 23, 1969 the Planning Board approved the Minor Subdivision of George Matthews, for four lots, each about ½-acre. (c) On October 30, 1969, Lots l, 2 and 3 of the Minor Sub- division of George Matthews were conveyed to Harry J. and Lillian Baglivi and remain in the same ownership to date. (Lot 4 was in separate ownership in the sole name of Harry J. Baglivi and was then conveyed to Alexander.) (d) During November 1975, the Planning and Appeals Boards approved a change in the lot line between Lots 2 and 3. The legal advertisement described only the perimeter of Lot 2. Abigail Wickham, attorney for the Baglivi's at the 1980 hearings claims that the Boards had intended Lot 2 separate from Lot 3, and had intended Lots 2 and 3 separate from Lot 1. Pa~e 2 · Robert W. Tasker, Esq. Re: Appeal Nos. 2750 and 2751 (Baglivi) (e) During September 1980 the actions of 1975 were approved by the Planning Board in the "grandfathering" procedure. (f) On October 17, 1980, our office received communications from the County Department of Health Services (copy attached) stat- ing they do "...not recommend residential lot sizes of less than 40,000 square feet in area using private wells...and is especially pertinent to the Nassau Point area which has a relatively limited water supply .... " On March 10, 1977 the Board of Appeals denied an area/width variance to Arnold Gardner because of the "...finite nature of the available water supply which is replenished solely by rainfall...and many single undeveloped lots on Nassau Point should have prior rights to the available water .... " (Copies attached.) (h) Upon referring this matter to the Planning Board, they have determined that since the Minor Subdivision No. lO was duly approved and signed by the chairman of the Planning Board, that it deserves consideration as such, (copy attached). These hearings have been recessed until November 20, 1980. The Board is scheduled to confer with you on Wednesday, Novem- ber 19, 1980 at 3:30 p.m. and would like to review these matters with you at that time. If you have any recommendations in the interim, please do not hesitate to let us know. Sincerely yours, CHARLES GRIGONIS, JR. CHAIRMAN SOUTHOLD TOWN BOARD OF APPEALS CG:lk Enclosures APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS ~ERARD P. GOEHRINGER oseph H. Sawicki Southoid Town Board of Appeals MAIN ROAD- STATE ROAD 25 Br'IUTHOLD, L.I., N.Y. 'llCj'71 TELEPHONE (516) 765-1809 November lO, 1980 Abigail A. Wickham, Esq. Main Road, Box 1424 Mattituck, NY 11952 Re: Appeal Nos. 2750 and 2751 Applications of Harry J. and Lilliam Baglivi Dear Gail: This letter will confirm that the above matters have been recessed until the November 20, 1980 meeting of this Board, 8:50 p.m. and 9:00 p.m. respectively. Sincerely yours, Linda F. Kowalski Secretary Southold Town Board of Appeals -13- October 16, 1980 On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to approve the sign-renewal request of Mattituck Lanes to be renewed for a period of one year from the annual expiration noted thereon in Appeal No. 1002, SUBJECT TO THE FEDERAL HIGHWAY BEAUTIFICATION ACT AND FUNDINGS LAWS FOR HIGH- WAYS, IF APPLICABLE. Vote of the Board: Ayes: Goehringer and Sawicki. Messrs. Grigonis, Doyen, Douglass, On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to approve the minutes of the October 3, 1980 Special Meeting of this Board. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer and Sawicki. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to approve the minutes of the September 25, 1980 Regular Meeting of this Board. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer and Sawicki. PUBLIC HEARING: Appeal No. 2750. Application of Harry J. and Lillian A. Baglivi, Nassau Point Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. lO0-31 for approval of insufficient area and width of three proposed parcels. Location of property: Nassau Point Road and Wdnneweta Road, Cutchogue, NY; bounded north by Alexander and Golden; west by Wunneweta Road; south by Horowitz; east by Nassau Point ~Road; County Tax Map Item No. 1000-111-4-32. The Chairman opened the hearing at 8:52 p.m. by reading ithe appeal application, showing notice of hearing and affidavits ~ttesting to its publication in the local and official news- papers, 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 and a section of the County Southold Town Board of Appeals -14- October 16, 1980 Tax Map showing the property in question and the surrounding lots. The survey shows Lot 1 would have 24,635 square feet. Lot 2 would have 20,630 square feet. Lot 3 would be, well, it's just 10' difference,20,620 square feet. Lot 3 would front on Wunneweta Road, and Lots 1 and 2 on Nassau Point Road. Is there anyone here to speak for this application? ABIGAIL WICKHAM, ESQ.: Yes, Abigail Wickham, and I'd like to speak in favor, or on behalf of Mr. and Mrs. Baglivi. The variance that was requested was for the Board of Appeals to approve or condone three undersized lots on this property, undersized in the sense that they're less than the one-acre requirement now in effect. In looking over the background on this property, I feel that we already have three lots which are in fact legal building lots under the Town laws, and therefore it's not really necessary that the variance be granted for approval of lots which are not undersized. I think they already have been. The building inspector issued a disapproval based on the fact that they were undersized and I'm not sure that, I think that disapproval was in error because I'm not sure he had all the facts in front of him at the time. And I'd like to review them with you to explain why we feel the~e are three legal sized lots right now. As you mentioned or as was mentioned in the application, Mr. Matthews who originally owned this property, obtained a minor subdivision in June of 1969, when the property was divided into four lots, and that was approved by the Planning Board. Mr. and Mrs. Baglivi acquired three of those lots, Lots 1, 2 and 3 which are now under question in October of 1969. Lot 4 was subsequently acquired and sold separately and is not really part of the concern in this matter, so I won't get into that. But the three lots were acquired by them as part of the minor subdivision. Now, since then of course the zoning ordinance did change and acre lots were required. Now, two aspects here, number one is that Section 100-112 of the Code exempted any lots on the Nassau Point map from this 40-acre (sic) [one-acre] requirement. Now, Lot 1 was part of Lot 169 on Nassau Point, and so by virtue of that fact, that I think remains a separate lot. Lots 2 and 3 were Lot 168 on Nassau Point Map, and therefore those two would be distinct from Lot 1. Ok. So I believe that Lot 1, in any event by virtue of that exemption is separate. Now, therefore, there would still be a question at this point as to whether lots two and three were separate. How- ever, in 1975 this property and subdivision was reviewed by the Board of Appeals in connection with a request for permis- sion to change lot lines between Lots 2 and 3. The line was moved to increase the size of Lot No. 2. MR. CHAIRMAN: Yeah, and it also went through a building, I think too. MRS. WICKHAM: Right. There were a number of reasons, but Southold Town Board of Appeals -15- October 16, 1980 (Mrs. Wickham continued:) the Board of Appeals did grant that variance subject to Planning Board approval. The Planning Board reviewed it, and also approved the change. Now implicit in the approval of those Boards, I think is the fact that the lots were separate and were not considered merged into one lot; otherwise you wquld be dealing with the change of an interior lot line and there's no reason for asking for a variance or approval of the Planning Board. Now, one item that has come up is Section 265-A of the Town Law regarding the three-year exemption. Now the purpose of that Law was, if you had a subdivision which was approved and then subsequently a change in the zoning ordinance made those lots in that subdivision undersized be- cause of an increase in the zoning ordinance requirement, 265-A gave you time to avoid creating a merger situation; and 265-A specified that if the Planning Board approved the subdivision subsequent to that time it would be considered single and separate. It would be considered as separate lots again. And I think that's what has happened in 1975 when the Planning Board reviewed it. So I think that you have three separate lots here, without need for your subsequent review to deter- mine whether or not you're going to reinstate three separate undersized lots. I believe they've already been established. The Planning Board in '75 stated that they "resolved to approve the action of the Board of Appealsgranting permission to alter the property line as applied for." And the applica- tion to the Board of Appeals specifically referred to only Lots 2 and 3, therefore they must have considered Lot 1 separate, and Lots 2 and 3 were considered separate because they were talking about the boundary between them. MR. approved checking CHAIRMAN: Can't argue that with you. It was by the Planning Board at that time, but I was just if it was in here. MRS. WICKHAM: I have a copy of the letter if you would like. MR. CHAIRMAN: Linda says there is one in here. MRS. WICKHAM: I thought there was. MR. CHAIRMAN: Was there anything else you wanted to add? MRS. WICKHAM: Well, yeah, I would like to add something. This is my position. Now, if, I don't know if the Board is prepared to make a decision at this time. MR. CHAIRMAN: Probably not because this, we're waiting to hear from the County. We have an answer from the Health Department. The Planning Board, I mean County Planning hasn't come back yet. Southold Town Board of Appeals -16- October 16, 1980 MRS. WICKHAM: Right, but it's a question in my mind whether it even has to go. What I am asking the Board to do is say that the determination of the Building Inspector, that they weren't three separate lots is incorrect, and therefore you don't have to act on the variance. Now if you don't come to that decision, then I'd like to address whether it should be considered three lots. Because I haven't gone into those. I'm taking the position first of all that it is three separate lots. And I think that's the way the history of it stacks up. MR. CHAIRMAN: We'll recess this and we'll check this out with-- MRS. WICKHAM: Ok, if you decide that it is in fact not three separate lots, then I would like an opportunity to address it and why it should be considered-- MR. CHAIRMAN: Till the next meeting. MRS. WICKHAM: And in the meantime I can put in another variance regarding the accessory use on a vacant lot. MR. CHAIRMAN: Is there anyone else that wants to add anything to this? Is there anyone else who wants to speak in favor of this? (Negative) I have two or three letters in here. The first one is dated October 13, 1980 to the Appeals Board of the Town of Southold: "...My attention has been called to an application pending before you made by the owner of property on Nassau Point Road, Cutchogue which is located near my premises (east side of Nassau Point Road -- about 10 cottages south of the causeway). This application, I am told, seeks a variance of the zoning laws to permit the building of three houses on half acre lots. Since all of the houses in the vicinity are on one or more acres, this in my view would downgrade the area, lessen the value of adjoining homes and detract from the scenic beauty of the area. This letter voices my opposition to the application. Yours truly, /s/ John H. Waters The second letter dated October 12, 1980 to the Zoning Board of Appeals, Town of Southold: ...As you will probably recall, members of our Association have often appeared before your Board in the interest of pre- serving the tenuous water supply on Nassau Point. These appear- ances have been in connection with subdivision of properties Southold Town Board of Appeals -17- October 16, 1980 and the installation of swimmingpools. In the past the Associa- tion itself, while encouraging active participation in these hearings by its members, did not take an official stand. Because of our continuing concern about water and the increase in requests to your Board to allow variances which would further reduce our supply, the Board of Directors of our Asso- ciation passed a resolution which provides that our Association will officially object to the granting of any variances that will result in any lot being less than one acre. For this reason, we wish to express our deep concern over the variance request at the next Thursday's meeting to divide Mr. Baglivi's plot of 1.5 acres into three lots. We strongly support the present zoning regulation of one-acre plots and in speaking to my friends and neighbors, they have all expressed their fear of any such subdi- vision and its effect on our water supply and consequent property values. I believe there is strong precedent for your Board to deny this request. In 1977, an application for a variance was made to your Board to divide a similar lot (Lot 141 on the Nassau Point map and then owned by Mr. Arnold Gardner) into less than one-acre lots and your Board wisely denied the request on the basis of our water supply problems. We earnestly request that you deny the current application. On the matter of the swimmingpool, our Association and a larger majority of our members are opposed to the construction of pools because of their effect on our water supply. With beaches and beautiful Peconic Bay within a short distance of any home on the Point, it is hard to understand anyone wanting to mar the landscape with a pool. We also wish to register our protest on this application and hope that you deny it. We greatly appreciate the work your Board is doing and we wish to support your efforts to enforce the Zoning Code and the beauty and health of this area. Very truly yours, /s/ W.S. Gardner, President Nassau Point Property Owners Assn .... MR. BOEHLE: Two lots have excavation pits. require permits, does the Town grant permits to made? Don't they have excavations MR. CHAIRMAN: Well, we were surprised when we got down there. Well, one of the excavations is sort of a, what do you call it, compost heap. And the other one is a start of a pool, which surprised Mr. Baglivi according to what he told us when we were down there, that they hadn't gotten the permit and started I guess. Southold Town Board of Appeals -18- October 16, 1980 MR. BOEHLE: He got a permit? MR. CHAIRMAN: Not at the time, as far as I could find out. MR. BOEHLE: Ok, then the Town is in a position of locating something that is before fact. MR. CHAIRMAN: Yes, we run into that a lot. We don't always approve it .either. MR. BOEHLE: How do you feel about compost heaps, are they legal? Do you just allow people to dig holes and have compost heaps? What about the leeching into the water supply of the compost heap? I've had experience where I lived that they turn into garbage heaps--not compost. MR. CHAIRMAN: Well, that's something we have to check out with the Health Department. They're the experts. MR. BOEHLE: Do you require people to fence in compost heaps so they can't be seen and can't be observed? MR. CHAIRMAN: I don't think there is anything in the regulations that I can recall on it. MR. BOEHLE: Ok. But I'm in a position where I may some day observe this. I'm next door, I'm on the line. And it's directly in my view and so I'm concerned about what it's going to be or what we can allow it. MR. CHAIRMAN: Well, what Mr. Baglivi told us when we were there that he was doing this temporarily and probably next year he's going to put topsoil in there and have a garden. MR. BAGLIVI: It'll be all filled by November. MR. BOEHLE: If it doesn't turn out what he says it ~o be, will the Town fight it or do I have to spend money to fight it? MR. CHAIRMAN: If it's going to be something~,against the Town ordinances, the Town would fight it. MRS. BAGLIVI: I think you should just look around the property and see what has accomplished around that property, and I don't think you should worry about how--- MR. CHAIRMAN: One at a time because we get all confused. MRS. BAGLIVI: Sorry. SECRETARY: May I have that gentleman's name in the back? Southold Town Board of Appeals -19- October 16, 1980 MR. BOEHLE: B-o-e-h-l-e. SECRETARY: Thank you. MR. CHAIRMAN: Is there anyone else? MR. BOLDEN: Mr. Chairman? I'd like to say one thing without being too objective. Professionally I'm a chemist, right now engaged with a great deal of water study on Long Island, accredited by the State of New York. I'm not paranoid, but the density increase that I see potentially here at Nassau Point is going to jeopardize my water supply and the future of Nassau Point. If someone can assure me that they're not going to build three houses I might feel a little differently. But the potential is being established, and I'm diametrically opposed to it. I'm ( ) opposed to it. MR. CHAIRMAN: Anyone else? W.S. GARDNER: Yes, my name is W.S. Gardner. I wrote you the letter from the Nassau Point Association. I'm the President. I was a little bit upset to hear this discussion tonight about whether we're having a hearing or not having a hearing. Whether this is really a case, because we had a fair turnout tonight. And there would have been a lot more if we knew about this sooner. We only had one week to get the people here. And also a little surprised that the applica- tion went in on September 23rd and received an answer from the Building Inspector on September 24th, and that's a little fast in my experience. That's just a question. I wish we had more time to get people here and get them out. We at Nassau Point feel very, very strongly about this water supply situation. It's life and death to our property values and to our health. And we're going to be here fighting, and kicking, and screaming on every change that's made that allows anything to be built on less than one-acre piece of property that hasn't already been set on the map. Now these things haven't been set on the map. You're talking about what happened in the past. We'Pe talking about the future. If you were going to talk about the past I wouldn't be here tonight. I'm talking about what the case is tonight -- one and one-half acres into three property lots. And we are going to fight this as far as we have to go. And we'll continue to do it on every one of them that comes up--feel very strongly about this. Thank you. MR. CHAIRMAN: Thank you. Is there anyone else? Did you want to rebut something there, Harry? MR. BAGLIVI: Did you want me to say something? MRS. BAGLIVI: Do you want to say something? Southold Town Board of Appeals -20- October 16, 1980 MR. BAGLIVI: Yes I want to say something. First of all the three houses are not going to be built on the property, as everyone thinks. MR. GARDNER: How do we know that? How do we know that you're not going to turn around and sell the lot tomorrow? MR. BAGLIVI: There isn't room for three houses. There are only two lots in question, not three lots. So first get your facts straight. There's only two. : Three lots. : Where's three lots? You're making them three lots. Well there's a house on the Right, then you put a]house MR. GARDNER MR. BAGLIVI MR. GARDNER: MR. BAGLIVI: one lot now. MR. GARDNER: on the other ones. MR. BAGLIVI: Can I ask you a question? If you owned a lot and you were going to be house #351, would you give up your lot? MR. GARDNER: I don't know what you mean by 351-- MR. BAGLIVI: If you owned an undersized lot, correct, I'm asking you, if you personally owned an undersized lot, and you were going to be the 351st man'to build a house on Nassau Point, would you or would you not build it? MR. GARDNER: MR. BAGLIVI: MR. CHAIRMAN MEMBER GO£HR the approximately MRS. WICKHAM MEMBER GOEHR #2 is thatT MR. BAGLIVI: It's MRS. WICKHAM: No, MEMBER GOEHRINGER: MRS. WICKHAM: I'll I don't understand your question. Well then let's forget it. Go ahead, Jerry, did you have a question? time INGER: Gail, could you give us at some square footage of Mr. Baglivi's house? : Of the house? INGER: Yes, the present house that is on, Lot on the map. he wants it of the house Some time, you know. furnish it. not the lot. Southold Town Board of Appeals -21- October 16, 1980 MEMBER DOUGLASS: Mr. Gardner? I would like to ask you question. At the present time with the situation that we've had this summer, have you any salt water intrusion developed on Nassau Point? MR. GARDNER: We've had salt water intrusion.. I don't know whether it was yesterday or today, but we've had salt water intrusion. MEMBER DOUGLASS: Where is it, down along those inlets like Wunneweta Pond and stuff? MR. GARDNER: That's near Wunneweta, yeah. We have had problems. People have had to move their wells away, and while we have a very dry year this year, I understand it takes three or four dry years before you feel the effect. It can happen any time, but I can't say it is this year necessarily causing it because it is dry. But if we had two more, we'd be in trouble. That's what I'm told. MEMBER DOUGLASS: Thank you. MR. CHAIRMAN: There's a letter in here from the Depart- ment of Health Services dated March 2, 1977, and says to the Southold Town Board of Appeals: "...Your letter of 2/28/77 to Mr. Robert Villa of this office has been referred to me. The Department of Health Services has conducted several surveys of the Nassau Point area, the most detailed of which resulted in the 1971 report which we have enclosed for your reference. I have also enclosed a copy of the most recent samplings performed in 1975. While no statistical comparison can be drawn between those samples and those summarized in the survey report, the results do demonstrate that the same basic~quality problems still persist. The conclusions drawn in the 1971 report therefore are still pertinent. One point of clarification should be made with respect to the most recent samples. The analysis for these samples was expanded to include copper and zinc. The presence of copper and zinc indicates the occurrence of corrosion of copper and galvanized piping, respectively. Such corrosion is, in turn, due to the natural acidity of Long Island ground water. The presence of these corrosion products are not thought to represent a health hazard, although aesthetic effects may occur. Southold Town Board of Appeals -22- October 16, 1980 Should you have any questions, or if we may be of further assistance, feel free to contact this office .... Very truly yours, /s/ Paul J. Ponturo Ass't Public Health Engineer. MR. CHAIRMAN: Well, if there are no further questions -- MR. BOLDEN: When was that recorded, '717 MR. CHAIRMAN: '77. I'll till the next regular meeting. reserve decision. offer a resolution recessing this We'll close the hearing and MRS. WICKHAM: No, I-- The Chairman withdrew his motion to close the hearing and moved to make the following resolution: On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to recess the matter of Harry J. and Lillian ~, Appeal No.---~-7-~-O- till the next regular meeting of this Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer and Sawicki. PUBLIC HEARING: Appeal No. 2751. Application of Ha_~_Q_~_~_ ~, by Skinny Dip Pools, Inc., P.O. Box 108, Mattitu~ NY 11952, for a Variance to the Zoning Ordinance, Art. III, Sec. 100-32 for permission to construct swimmingpool in the frontyard area. Location of property: 3440 Nassau Point Road, Cutchogue, NY; bounded north by Alexander and Golden; west by Wunneweta Road; south by Horowitz; east by Nassau Point Road; County Tax Map Item No. 1000-111-4-32. The Chairman opened the hearing at 9:26 p.m. by reading the appeal application, showing notice of hearing and affi- davits attesting to its publication in 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: Again, we have a section of the County Tax Map and survey showing where the proposed pool is to go. It is set on what is known as Lot 3. It doesn't give the distance. TO HENRY E. RAYNOR.~..Chairm~ FREDERICK E. GORDON JAMES WALL BENNETT ORLOWSKI, ~. GEORGE RITC~E LATHAM, Jr. Southold, N.Y. 11971 October 23, 1980 TELEPHONE 765- 1938 Mr. Charles Grigonis, Chairman Zoning Board of Appeals Town Hall Southold, New York 11971 Dear Mr. Grigonis: The following action was taken by the Southold Town Planning Board at a regular meeting held October 16, 1980. RESOLVED that whereas the variance sought by Mr. Harry Baglivi pertains to Minor Subdivision #10 of George Matthews duly approved and signed by the chairman of the Southold Town Planning Board that it deserves consideration as such. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD man, Secretary October 16, 1980 II~IOUNTY OF SUFFOLK DEPARTMENT OF HEALTH SERVICES DAVID HARRIS, M.D., M.P.H. Mr. Charles Grigonis, Jr., Chairman Southold Town Board of Appeals Main Road Southold, New York 11971 Re: Appeal Nos. 2750 and 2751, Harry J. Baglivi, Property Intersection of Nassau Point and Wunnewata Roads, Nassau Point, Cutchogue Dear Mr. Grigonis: I am in receipt of your letter dated October 10, 1980 concerning the above referenced property. This Department does not recommend residential lot sizes of less than 40,000 square feet in areas using private wells and sewage disposal systems. This recommendation is especially pertinent to the Nassau Point area which has a relatively limited water supply. Should you have any further questions, please feel free to contact the un- dersigned. Very truly yours, Royal R. Reynolds, P.E. Public H~alth Engineer General Engineering Services RRR:cah cc: Nassau Point Property Owners Assn. Southold Town Board of Appeals MAIN ROAD- STATE ROAD ~"~ SOU'I'HOLD, L.I., N.Y. ll~J'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. T~'~,q;' TUTHII=L ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki October lO, 1980 Mr. Royal R. Reynolds, P.E.~2?~Sx~mm Public Health Engineer Suffolk County Health Department County Center Riverhead, NY 11901 Re: Appeal No. 2750 and 2751 Applications of Harry J. Baglivi Location of Property: Intersection of Nassau Point and Wunnewata Roads, Nassau Point, Cutchogue, NY Dear Mr. Reynolds: Our office has received two appeal applications concerning the above-referenced property requesting: (a) approval of insufficient area and width of three proposed parcels, and (b) permission to construct in-ground swimmingpool in the frontyard area [frontyard area determined by the building inspector due to merged-parcel theory]. One of the matters particularly of concern to the Board is water quantity and quality at Nassau Point. The Board respectfully requests your comments concerning the proposed projects. Enclosed herewith are copies of all data in the two appeal files. These matters have been scheduled for public hearings October 16, 1980. Your reply at your earliest convenience will be greatly appreciated. If you have any questions, please do not hesitate to call. Sincerely yours, CHARLES GRIGONIS, JR. CHAIRMAN ..x_7£ncl°sures ~, , v Lin da K o w a l .s k i M~ x~ S~cretary NASSAU PDINT PROPERTY OWNERS ASSOCIATION P. O. Box .~46 OUToHor~uE, L. I., N. Y. 11935 October 12,1980 Zoning Board of Appeals Town of Southold Southold, N.Y. 11935 Gentlemen: As you will probably recall, members of our Association have often appeared before your Board in the interest of preserving the tenuous water supply on Nassau Point. These appearances have been in connection with subdivision of properties and the installation of swimming pools. In the past the Association itself, while encouraging active participation in these hearings by its members, did not take an official stand. Because of our continuing concern about water and the increase in requests to your Board to allow variances which would further reduce our supply, the Board of Directors of our Association passed a resolution which provides that our Association will officially object to the granting of any variances that will result in any lot being less than one acre. For this reason, we wish to express our deep concern over the variance request at next Thursday's meeting to divide Mr. Baglivi's plot of 1.5 acres into three lots. Me strongly support the present zoning regulation of one acre plots and in speaking to my friends and neighbors they have all expressed their fear of any such subdivision and its effect on our water supply and consequent property values. I believe there is strong precedent for your Board to deny this request. ~In 1977, an application for a variance was made to your Board to divide ~a similar lot ( Lot 141 on the Nassau Point map~and then owned by. Mr. Arnold Gardner) into less than one acre lots and your Board wzsely denied the request on the basis of our water supply problems. We earnestly request that you deny the current application. On the matter of the swimming pool, Our Association and a large majority of our members are opposed to the construction of pools because of their effect on our water supply. With beaches and beautiful Peconic Bay within a short distance of any home on the Point, it is hard to understand anyone wanting to mar the landscape with a pool. We also wish to register our protest on this application and hope that you:: deny it. We greatly appreciate the work your Board support your efforts to enforce health of this area. is doing and we wish to the Zoning Code and the beauty and V~ truly~urs, W. S. Gardner, President Southold Town Board of Appeals -16- February 17, 1977 PUBLIC HEARING: Appeal No. 2245 - 8:40 P.M. (E.S.T.) upon application of Arnold and Diana Gardner, Nassau Point Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for per- mission to set off lot with existing building. Location of prop- erty: west side Nassau Point Road, east side Wunneweta Road, Cutchogue, New York; Lots #141 and 142, Map of Nassau Point Properties. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newapapers, and notice to the applicant. The Chairman also read statement from the Town C~erk that notification by certified mail had been made to: Richard Anderson; Arthur John Flynn. Fee paid - $15.00. THE CHAIRMAN: The survey accompanying the application by Van Tuyl, dated December 7, 1976, the premises under discussion on Wunneweta Road are 137' on the northerly dimension, 150' on the easterly dimension, 151' on Wunneweta Road, and 160' on the southerly dimension, that makes 22,585 sq. ft. The map indicates a number of surrounding properties which are, some are larger, some smaller. Is there anyone present who wishes to speak for this application? ARNOLD GARDNER: I wish to speak for it, but merely to state that what you just read in the application is the position we wish to take in this matter. THE CHAIRMAN: Is this more than one lot of the original division? ARNOLD GARDNER: Yes. Originally, it was one lot, 9141. Then that was split off With an adjacent lot so that it con- s~itutes a lot and a half. The original lot was a 100' lot that ran from Nassau Point Road to Wunneweta Road. Then they took 50' of a lot between that and the corner lot now owned by Flynn and made each of those lots 150' (The Board and Mr. Gardner discussed the location and the size of the property.) THE CHAIRMAN: Is Prume across the street from you? ARNOLD GARDNER: On Wunneweta it's Dr. Goldhush. THE CHAIRMAN: He seems to have a lot that smaller than the one you're ... ARNOLD GARDNER: Well, Supin, which is now owned by VanCott, is smaller. Then %here's a commercial lot almost across the street where they have this dockage place. It's called Wake White on the map but actually it's Rambo. S0uthold Town Board of Appeals -17- February 17, 1977 THE CHAIRMAN: Anyone else wish to speak for this application? (There was no response.) Anyone wish to speak against this application? RICHARD CRON, ESQ.: I'm here to represent Mr. Richard Anderson, who is a property owner to the south of this particular parcel. The reading of the. application seemed to indicate to me that probably the most compelling reason that's being advanced by the applicant for the granting of the application is that it's going to enhance his investment in the property. If I understood the literal reading of the application, he is intending to sell the piece that is being suggested as being parcelled out, and to lease the remaining property to somebody else. This application is both in a way an area variance application and, to a certain extent, a use variance application. Because what the applicant proposes to do is to break out a given area from a larger parcel, which would fall in the nature of an area variance, and at the same time he's enlarging the use of the parcel, the overall parcel, by creating basically a two-family type of situation on this one particular tract. It's certainly clear that there's a substantial lacking in area requirements as far as bulk schedule is concerned as to the parcel that's %o be cut out. Moreover, you're left with a situation where you're going to have a rear yard on the parcel on which there is presently a residence of less than 50'. I think this probably falls into an area of a violation of our zoning ordinance. This doesn't fall, I heard no proof or no state- ment that would establish that there's practical difficulty in terms of granting an area variance. Frankly, if you were dealing in the area of a use variance, I heard nothing that smacks of financial hardship for the purpose of granting such a variance. Our ordinance defines a subdivision as the breaking apart of a parcel of land into two or more parcels and the ordinance, in doing so, requires that you have 40,000 sq. ft. in that particular parcel of land. I disagree with the applicant's observations that it's in conformity with thC adjoining area. Certainly Mr. Anderson's lot runs from Nassau Point Road to Wunneweta and so does Mr. Flynn's. I would assume that the Board is prepared to open Pandora's box by also granting similiar applications to those people. In other words, we're going to break out, and what we're creating here is a situation of 40,000 sq. ft. improved lots and creating 20,000 sq. ft. unimproved lots, which is in direct vio- lation of our zoning ordinance. THE CHAIRMAN: I think that the Nassau Point properties are generally smaller than 40,000 sq. ft. just as many other sections of the Town are. RICHARD CRON, ESQ.: Not in this particular area. Southold Town Board of Appeals -18- February 18, 1977 THE CHAIRMAN: Some of them are, yes. ARNOLD GARDNER: They were subdivided before the one-acre zoning law. THE CHAIRMAN: Is this one of the excepted subdivisions in the ordinance? RICHARD CRON, ESQ.: This one is the Amended Map "A" of Nassau Point Club Properties. I think the excepted parcels are in the beginning of the ordinance. Here it is. A quick scanning, unless my eyesight deceives me, there's no exception as far as that map is concerned. THE CHAIRMAN: Some of the area in Nassau Point is excepted. RICHARD CRON, ESQ.: I bring to the attention of the Board that there's got to be sufficient legal reasons advanced for the granting of the application. Frankly, I haven't heard any. THE CHAIRMAN: I think that the applicant said that it would be an economic hardship to ... he'd have to lease the property. RICHARD CRON, ESQ.: You're leasing a house, there's one house on it. You know, I could understand if there were tw~ houses on there and you wanted to set off one so that you would have two separate entities in existance, but right now, you're creating a sub-par lot if you grant the application. Substantially sub-par. There's no practical difficulty involved in setting off this particular unimproved lot consisting of a little better than 20,000 sq. ft. THE CHAIRMAN: Just the economic hardship. RICHARD CRON, ESQ.: What's the economic hardship there, that you can't rent the land because it has 20,000 sq. ft. more, I can't buy that. He's renting the house, he's not renting the land. ARNOLD GARDNER: Actually, when you consider the values of property on Nassau Point, if you try to lease an acre and a half located the way this is, if you try to get a fair return on your investment based on these values, on a lease basis, it's almost impossible. You just can't get it. To your point about this property being out of character with the adjacent properties, actually the one and one half acre piece is larger than 16 adjacent properties. If the variance were granted, the half acre would be larger than five nearby properties. RICHARD CRON, ESQ.: It's certainly going to be out of character as to your two neighbors, though, on the north and the south. Southold Town Board of Appeals -19- February 17, 1977 ARNOLD GARDNER: So are five existing properties. THE CHAIRMAN: We!ve never been able to get a guideline on what constitutes a neighborhood. We generally look at the whole area and if there are X number of undersized lots, under 40,000 sq. ft., we usually grant any reasonable application. This appears to me to be a reasonable application and I can fully concur with the view that the land is appraised there so that you can't very well rent it along with the house, too. How long are you going to rent it for, a long time? ARNOLD GARDNER: Yes, a long lease. THE CHAIRMAN: So, this isn't just a one-season deal. ARNOLD GARDNER: No, it wouldn't be a summer rental, it would be for year-round use. THE CHAIRMAN: Are you living there now? ARNOLD GARDNER: No, I'm living across the street. The house is vacant. THE CHAIRMAN: In view of all the decisions on area variances, which are less restrictive than use variances, it would be pretty hard to show that this is going to affect the safety, health, and welfare of the Town of Southold. RICHARD CRON, ESQ.: What I'm concerned about is the practical difficulty of the situation. You're talking about an area variance. Frankly, I find no practical difficulty in leasing the land in terms of an acre and a half against an acre. You're enhancing a residential dwelling and making it into an investment at the request of the applicant in direct violation of the zoning ordinance. I would assume that you would now have to give favorable consideration to each of the adjoining owners if they come in and likewise decide to parcel out 20,000 sq. ft. That would create six residences where there were three. CHARLES GRIGONIS, JR.: There's no way you could stop that. RICHARD CRON, ESQ.: I think it's a substantial deviation from the ordinance to grant this application on the basis of practical difficulty for the reasons that have been advanced. THE CHAIRMAN: I don't think it's a practical difficulty, I think it's an economic difficulty. RICHARD CRON, ESQ.: Where's the economic hardship? THE CHAIRMAN: Well, I don't know what it's appraised at, what the land is worth, but his tax bill probably reads something Southold Town Board of Appeals -20- February 17, 1977 like $12,000 for the land and $10,000 for the house. I'm just guessing, but the land is probably almost as much as the house on the tax bill. RICHARD CRON, ESQ.: Frankly, I don't see any substantial economic hardship, I think the variance is basically a use vari- ance that involves economic hardship. ARNOLD GARDNER: What would you say is a fair return on investment? RICHARD CRON, ESQ.: I don't think one looks at a residential dwelling in terms of a fair return. THE CHAIRMAN: You do if you're stuck with it. RICHARD CRON, ESQ.: If you sell it you look for a fair return on it, but if you're using it, this is what you chose to buy. ARNOLD GARDNER: No one can dictate what someone else wants to do with his own property. RICHARD CRON, ESQ.: We're not trying to dictate, insist upon is that the Ordinance be strictly applied situation. all we to a given THE CHAIRMAN: Well, if we denied this it would be contrary to the policy we pursue here, have pursued for'the last four or five years. RICHARD CRON, ESQ.: But I'll bring to your attention that most of the time you were dealing with area variances, you were not dealing strictly with vacant land. You were dealing with situations where there were existing buildings on the land. THE CHAIRb~N: No, I would say that more of ours deal with vacant land than they do with land where there are structures. Occasionally we hay6 them, tonight we have two of them. But we have frequently dealt with vacant land. We frequently have con- troversial hearings where, say, a fellow wants to break up 66,000 sq. ft. into two 33,000 sq. ft. lots and everybody in the area is on 20,000 sq. ft. and they line up to object. RICHARD CRON, ESQ.: That's a different situation than what you have here though. THE CHAIRMAN: We don't go into motivation. Anyone else wish to speak? CHARLES JANTZEN: I own lot %145 on Nassau Point Road. Southold Town Board of Appeals -21- February 17, 1977 THE CHAItLMAN: What's the size of that lot? CHARLES JANTZEN: 7/8 of an acre. One of the problems that you say might be grounds ~or denial of such a request would be on the basis of health requirements, I think you mentioned that. THE CHAIRMAN: Well, that's up to the Board of Health. CHARLES JANTZEN: I would like to bring to your attention some of the investigation on the ground water situation on Nassau Point as presented by the Board of Health to the Nassau Point Property Owners Association at their annual meeting on August 24, 1975. Many of the people on Nassau Point are very concerned about the tenuous situation of the ground water that exists in that area right now. As a matter of fact, Nassau Point is very different from the mainland of the North Fork in that the ground water table is much more subject to intrusion because of its close proximity to water all around. This diagram right here will show you the approximate relationship between the mainland of the North Fork and Nassau Point and the existing ground water under both. Ap- proximately 50% of the wells on Nassau Point are suffering from salt water intrusion at the present time where we have an excess of 250 parts per million. Many of these wells are up to 1,600 parts per million. The lens of water that is under Nassau Point is shaped like a camel lens in that the people who are closest to the edge of the water will be the people who are going to be without water first. This piece of property is fairly close to the edge of the water, although many other people will be affected. The projected study by the United States Geological survey and the Town of Southold says that Nassau Point will support 350 homes. "However, several factors must be incorporated into any allowable density in this area." THE CHAIRMAN: When was this report made? CHARLES JANTZEN: 1963. THE CHAIRMAN: How many houses have gone up since then? CHARLES JANTZEN: We have presently about 300 houses on Nassau Point, and it says further in the report that we would have room for approximately 50 more houses from the present time and this, of course, barring no drought, because we get all of our water replenished strictly from ground water, there's no artesian system on Nassau Point. All of the water is strictly recharged from rain water. We have approximately 300 houses or homes on Nassau Point right now. We figure that we have a suffi- cient amount of ground water to support the present population. But, in conclusion, "Nassau Point has a limited quantity of fresh water in underground storage due to the salt water of the Bay's existing below the peninsula" and 50% of the wells presently are incurring salt water intrusion and their recommendation, on the Southold Town Board of Appeals -22- February 17, 1977 last page here, is to "establish low density zoning in the area; prevent any dredging of the shoreline; if the condition of the ground water shows deterioration, a central water supply for the peninsula should be established to provide management of the resource." If this has to come about, it's going to be a hard- ship on all of'the people of Southold Town, not.only the people on Nassau Point. I think we're going to open Pandora's box because Mr. Flynn, who is on the north side, an absentee land- lord, probably would like very much to have that piece of prop- erty divided. In the light of the water situation right now, it's not such a good idea. THE CHAIRMAN: That's a 1963 report? CHARLES JANTZEN: Yes, 1963. THE CHAIRYLAN: that. There have been some more recent ones than CHARLES JANTZEN: Well, if that was the situation back in 1963, it certainly wouldn't have gotten much better, it's gotten a lot worse. THE CHAIRMAN: I know. Have you got anything more recent than that? There were some studies done. CHARLES JANTZEN: In 1971, this report was made by the General Engineering Unit of the Suffolk County Department of Health. They pretty much came up with the same results. THE CHAIPJ~AN: Well, I think this is a much more substantial reason for reconsidering Nassau Point now. Just what the function of the Board of Appeals would be in this, I'm not sure, but we can bring it to the attention of the Town Board and the Planning Board and it may be that this should be, any further division of lots on Nassau Point should be eliminated. Whether we can legally do this or not, I'll have to investigate. CHARLES JANTZEN:- Could you postpone the decision until we get more information? THE CHAIRMAN: Yes. RICHARD CRON, ESQ.: I'd like to add to this particular argument if I may. I think the Health Department of Suffolk County would probably require that this be done through a sub- division map basis, an approved subdivision map. Any subdivision now, a breaking down of parcels subsequent to 1970 is being looked on with a real jaundice eye by the Suffolk County Health Department. On mo%ion by Mr. Gillispie, seconded by Mr. Grigonis, it was Southold Town Board of Appeals -23- February 17, 1977 RESOLVED that the Southold Town Board of Appeals POSTPONE DECISION upon application of Arnold and Diana Gardner, Appeal No. 2245, until March 10, 1977, at 7:45 P.M. (E.S.T.). Vote of the Board: Ayes: - Messrs: Gillispie, Hulse, Grigonis. PUBLIC HEARING: Appeal No. 2248 - 9:10 P.M. (E.S.T.) upon application of James J. Murphy, 3617 Johns Street, Wantagh, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-118 E for permission to enlarge an existing, non-conforming building. Location of property: north side Horton Lane, Southold, New York, bounded on the north by Long Island Sound; east by A. Derosa; south by Horton Lane Beach; west by Horton Lane Parking Lot. The chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. The chairman also read statement from the Town Clerk that notification by certified mail had been made to: Mr. and Mrs. Robert Dow. Fee paid - $15.00. THE CHAIRMAN: The dimension of the entire new construction: front, 24'; rear, 24'; depth, 30'; height, 23'; two stories. The size of the lots is 120.11 in the front, 120.03 on the rear, the depth is 344.5' It was purchased December 17, 1970. Is there anyone present who wishes to speak for this application? (There was no response.) There's no one here for this application? Well, my under- standing of it is that there are four houses on one lot here, they're all cottages. The house that is to be enlarged has been demolished. When we went down there, the bulldozer had been there before us, and it isn't there anymore. There are two or three other houses on the same lot, I don't know whether it's jointly owned or not. ~ I think in any case we'll have to post- pone it until the applicant tells us who owns the property and how many houses are on it, where they propose to put the new house, etc. On motion by Mr. Hulse, seconded by Mr. Grigonis, it was RESOLVED that the hearing upon application of James J. Murphy, Appeal No. 2248, be ADJOURNED until March 10, 1977, at 8:00 P.M. (E.S.T.). Vote of the Board: Ayes: - Messrs: Gillispie, Hulse, Grigonis, S~uthold Town Board of Appeals -2- March 10, 1977 basic use which is the wholesale storage and sale of used cars. However, the applicant testified that the probable, principle use would be the storage of used cars until transferred to the appli- cant's wholesale yard. Wholesale storage is a permitted use in the "C - Light Industrial" district. The Board finds that the public convenience and welfare and justice will not be served and the legally established or permitted use of neighborhood property and adjoining use districts will be permanently or substantially injured and the spirit Of the Ordi- nance will not be observed. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED, Charles Tramantano, 1850 Colden Avenue, Bronx County, New York be DENIED permission to operate a used car sales lot, south side Main Road, east of Skunk Lane, Cutchogue, New York. Vote of the Board: Ayes: - Messrs: Gillispie, Hulse, Grigonis, Doyen. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was P~ESOLVED that the Southold Town Board of Appeals approve minutes dated February 17, 1977. Vote of the Board: Ayes: - Messrs: Gillispie, Hulse, Grigonis, Doyen. On motion by Mr. Gillispie, seconded by Mr.' Grigonis, it was RESOLVED that the Southold Town Board of Appeals approve minutes dated February 25, 1977. Vote of the Boa'rd: Ayes: - Messrs: Gillispie, Hulse, Grigonis, Doyen. 7:45 P.M. (E.S.T.) - Decision on Appeal No. 2245, Arnold and Diana Gardner, Nassau Point Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off lot with existing building. Location of property: west side Nassau Point Road, east side Wunneweta Road, Cutchogue, New York; Lots #141 and 142, Map of Nassau Point Properties. THE CHAIRMAN: Since the hearing, I have studied the Malcolm Pirnie, initial water survey for the whole Town which Southold Town Board of Appeals -3- March 10, 1977 the Board of Health, with which the Board of Health survey of 1971 collaborates. The Board of Health survey shows that the surrounding area of Nassau Point is a pennisula surrounded by water. It seems to me that, at this point, the Board should make a stand. I don't think that we've ever denied a lot divi- sion here because of water because we felt that it really was not a problem, but these elaborate water studies were made and no one is using them. This is one place, it seems to me, where we should do everything we can to hold down the density. After investigation and inspection the Board finds that the applicant requests permission to set off lot with existing building, west side Nassau Point Road, east side Wunneweta Road, Cutchogue, New York. The findings of the Board are that the lot to be created would be undersized in a recommended low density area. Two water studies, a general study by Malcolm Pirnie of the Town of Southold in June, 1967, and the Suffolk County Board of Health 1971 survey of Nassau Point in particular, updated to 1975, emphasize the finite n~ture of the available water supply which is replenished solely by rainfall. In 1975,'~80% of the wells showed evidence of salt water intrusion according to the Board of Health letter of March 4, 1977, which indicates that there is no change in the 1975 test results. The creation of such a lot would set a precedent for the division of many lots which are somewhat over 40,000 sq. ft. in Nassau Point but not large enough for two lots. Many single and separate ~n~ developed lots on Nassau Point, some undersized, remain to be de- veloped and should have prior rights to the available water. The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hardship; the hardship created is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will change the char- acter of the neighborhood, and will not observe the spirit of the ordinance. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED, Arnold and Diana Gardner, Nassau Point Road, Cutchogue, New York, be DENIED permission to set off lot with existing building, west side Nassau Point Road, east side Wunne- weta Road, Cutchogue, New York. Vote of the Board: Ayes: - Messrs: Gillispie, Hulse, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2248 - 8:00 P.M. (E.S.T.) ~esumed hearing upon application of James J. Murphy, 3617 Johns Street, Wantagh, New York for a variance in accordance with the COUNTY OF SUFFOLK DEPARTMENT OF HEALTH SERVICES MARY C. MCLAUGHLIN, M.D.. M.P.H. March 2, 1977 MAR . 4 REC'D Ms. Mary E. Dawson, Secretary Southold Town Board of Appeals Southold, NY 11971 Dear Ms. Dawson: Your letter of 2/28/77 to Mr. Robert Villa of this office has been referred to me. The Department of Health Services has conducted several surveys of the Nassau Point area, the most detailed of which resulted in the 1971 report which we have enclosed for your reference. I have also enclosed a copy of the most recent samplings performed in 1975. While no statistical comparison can be drawn between these samples and those summarized in the survey report, the results do demonstrate that the same basic quality problems still persist. The conclusions drawn in the 1971 report therefore are still pertinent. One point of clarification should be made with respect to the most recent samples. The analysis for these samples was expanded to in- clude copper and zinc. The presence of copper and zinc indicates the occurrence of corrosion of copper and galvanized piping, respectively. Such corrosion is, in turn, due to the natural acidity of Long Island ground water. The presence of these corrosion products are not thought to represent a health hazard although aesthetic effects may occur. ' any questions, or if we may be of further assistance, Should you have feel free to contact this office. Paul J. F~ Ass't. Pu) 227; east by A. Shames and the . Main Road (Route 25); west by blication of Williams Contracting, 0! Health Engineer November Mr. Harry Baglivl Nassau Point Road Cutchogue, New York 11935 Dear Mr. Baglivi: The following action was taken by the Southold Town Planning Board at a regular meeting held November 17, 1975. RESOLVED to approve the action of the Southold Town Board of Appeals dated November 6, 1975 grauting permission to Harry and Lillian Baglivi to alter property line, as applied for, subject to conditions set by them. Yours truly, Muriel Brush, Secretary Southold Town Planning Board APPEALS BOARD MEMBERS CHARLES GRIGONIS. JR., CHAIRMAN SERGE DOYEN, JR. T r .q.q Y TUTH~L~.. ROBERT .J. DOUGLASS GERARD P. GOEHRINGER doseph H. Saw~cki TO: FROH: DATE: Southold Town Board of Appeals MAIN RI'lAD- STAT£ RRAD 25 SrlUTH[3LD, L.I., N.Y. TELEPHONE {516) 765-1809 Mr. Henry E. Raynor, Jr., Chairman, Planning Board Charles Grigonis, Jr.,.Chairman, Board of Appeals October 10, 1980 Dear Henry: Recently, the following matters have been filed and scheduled for public hearings by this Board on October 16, 1980. Inasmuch as these projects will require consideration by your Board, may we have your input concerning same: Appeal No. 2746 - Eccles Prid~en. Insufficient width of parcel at the south side of Peconic Bay Boulevard, Laurel. Appeal No. 2749 - Dwight A. Horne. Insufficient area and width of two parcels known as 750 and 800 Village Lane, Orient. .~w~P. dPeal No. 2750 Harry J. Baglivi. Insufficient area and th of three parcels at Nassau Point and Winnewata Roads, Cutchogue. Also, please advise whether or not these matters would be classified as minor subdivisions, thereby requiring appli- cant to follow-up with the procedures set by the Code. Sincerely yours, CHAIRMAN CG:lk BUILDING I~CTORS OFFICE ToWN OF SOUTHOLD TOWN HALL, SOVTHOLD, N. Y. 11971 765-1802 Southold Town Board of Appeals -9- November 6, 1975 PUBLIC HEARING: Appeal No. 2089 - 8:30 P.M. (E.S.T.) upon application of Harry & Lillian Baglivi, Nassau Point Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule and Parking Schedule for permission to alter property line. Location of property: Lots ~3 and #2, Minor Subdivision #10, east side of Wunneweta Road, Cutchogue, New York. Fee paid $15.00. /~ ///-~- ~/~ THE CHAIRMAN: Is there anyone present here tonight representing Mr. Baglivi? MR. HARRY BAGLIVI: I am here to speak for the application. THE CHAIRMAN: Before we open the hearing, I have a few questions to ask. The Notice of Disapproval from the Building Inspector states: "will change lot size as approved by Planning Board in Minor Subdivision #10 ~ a Resubdivision of Map of Nassau Point Properties - needs Planning Board approval as well as Board of Appeals, Article III, Section 100-30 and Bulk Schedule." No matter what action we take on it, you will also have to see the Planning Board because they, originally, created this minor subdivision. At the time we set this up for a hearing, I did not understand that this was a minor subdivision. MR. BAGLIVI: I brought a blown-up map of it... this is my house, and here is the garage, and this is a gravel driveway. I bought the property from Matthews. When I bought it the markers were not in... this is Belgium Block. On a recent survey I find that the markers go beyond the garage which would complicate things in the event I want to sell or build. Theoretically, a fence could be thrown up here which would terminate beyond the garage. When I bought, Mr. Matthews said there were four separate building plots. On the recent survey, the new markers were put in and they go beyond the garage. THE CHAIRMAN: What difference does it make? MR. BAGLIVI: This is all Belgium Block... this is the parking' area and it's all gravel; it's heavily tree'd. I was not aware of the 12 feet until I looked at the new survey. All I am asking is that this line be moved. THE CHAIRMAN: So you can use the Belgium Block? MR. BAGLIVI: Not for that reason but in the even~ ~hat I sold, I would not have to break up the driveway. Southold Town Board of Appeals -10- November 6, 1975 THE CHAIRMAN: You bought a minor subdivision. MR. BAGLIVI: Yes. There were no markers. THE CHAIRMAN: So what we are talking about a lot line that you own. You are using a garage you live on #168. is altering on 9169 and Mr. Baglivi showed the Board a more'recent survey. This is my home, this is the garage, and this is the driveway which terminates all the way at the end of the garage. So, I say if were to sell or build, somebody could put up a'fencestarting here and going across this garage. THE CHAIRMAN: I take it you don't plan to sell this lot. MR. BAGLIVI: My daughter is being married soon and I might build a home for her. THE CHAIRMAN: The Planning Board is involved. Ordinarily, we don't do things backwards like this. HEARING CONT'D: The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. Notification by Certified Mail was sent to the following: Ruth B. Horowitz, 11-21 77th Road, Forest Hills, N. Y. and Alexander Charles & Wf, 257 Aspen Street, Floral Park, N. Yo THE CHAIRMAN: We have already discussed the problem. The way Howard Terry explained it to me is that a portion of the lot would be a triangle. It's just so you can get in and out of the garage. MR. BAGLIVI: There is another point. The house sits up on top of the hill and there is no way of putting in a driveway. This is all shrubbed in. Yon could not bring a car up. I am not trying to sell the lot - and I am not trying to make improvements in the hopes of selling the lot. Southold Town Board of Appeals -11- November 6, 1975 THE CHAIRMAN: If you are going to continue to use this driveway as long as your daughter owns this property , you may be boxing yourself in. MR. BAGLIVI: I would like to have partial protection. I want to move it 12 feet to terminate at the end of the gravel. THE CHAIRMAN: Is this projection with the swing-line correct? MR. BAGLIVI: No. THE CHAIRMAN: I assume that covers everything you wish to say at this time. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? MR. GEORGE CASE, Nassau Point Civic Association: His proposal seems reasonable but I have a disagreement with Lot #'s 3 and 2 which I know as #168 and 9169. I would like to have in mind just how many lots there are, and what area does it cover? MR. BAGLIVI: Originally there were four lots. lot to Mr. Alexander. I now own three lots. I sold one THE CHAIRMAN: Planning Board. This is a minor subdivision created by the MR. FRED HULSE: The Planning Board put those numbers on the lots - 1, 2, 3, 4. (Mr. Case, Mr. Baglivi and the Board discussed the Map). MR. CASE: I was concerned because, not knowing of this Minor Subdivision 910, I thought one of these four lots had been subdivided into Lots 1, 2, 3, and 4. THE CHAIRMAN: Does anyone else wish to speak for or against this application? (There was no response.) Southold Town Board of Appeals -12- November 6, 1975 After investigation and inspection the Board finds that applicant requests permission to alter property line on property located on east side of Wunneweta Road, Cutchogue, New York. The findings of the Board are that applicant wishes to preserve the entrance to his garage which is located on Lot #1 of Minor Subdivision #10 as described on Van Tuyl survey of June 16, 1967, and does not wish to have to' do away with 12 feet of his parking area.. Applicant has tentative plans to build a house for his daughter on Lot #3. The Board agrees with the reasoning of the applicant but also finds that this Action of the Board of Appeals must also be subject to the approval of the Southold Town Planning Board because the minor subdivision was created by the Planning Board. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this 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. Gillispie, sec onded by Mr. Bergen, it was RESOLVED, Harry & Lillian Baglivi, Nassau Point Road, Cutchogue, New York be GRANTED permission to alter property line , as applied for, on property located on the east side of Wunneweta Road, Cutchogue, New York, subject to the following conditions: That the line between Lots #3 and #2 would be moved, under this Action, 12 feet to the west and parallel to the original line, increasing Lot #2 slightly, and decreasing Lot #3 slightly. 2. That this Action shall be subject to the approval of the Southold Town Planning Board as this minor sub- division was created by the Planning Board. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Doyen. 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. TYPE II ACTION DESIGNATION ROSERT .]. DOUGLASS NEGATIVE. DECLAP~TION wl~INOTICE OF NO SIGNIFICANT EFFECT ON THE E~IRONMENT Pursuant to Section 617.13 of the'New York State Departmen% of Environmental Conservation ~t, Article 8 of the Environmental Conservation Law, and Town Law of the Town of Southold, Section 44-4B, the Southold Town Board of Appeals has determined that the following project is classified as a Type II Action not having a significant effect on the environment and will not require any other determination or procedure~ under the N.Y.S. Environmental Quality Review Act. DESCRIPTION OF PROJECT Appeal No. 2750. Application of Harry J. and Lillian.A. Baglivi, Nassau Point Road, Cutchogue, NY. Location of Project: Nassau Point Road and Winneweta Road, Cutch0gue, NY. Permission Requested: Approval of insufficient area and width of three proposed parcels to be established in a minor subdivision. (Merged ownership theory) Date Of Public Hearing: October 16, 1980. 8:50 p.m. Documents on File: Appeal Application, Notice to Adjoining Neighbors, Affidavit Attesting to the Mailing of said Notice, surveys and/or sketches of the proposed project, Notice of Dis- approval from the Building Inspector, Legal Notice of ~earing, Environmental Assessment in the Short Form, Section of the County Tax ~ap showing the subject property, & other documents as may be required. Person to Contact for More Information: Mrs. Linda Kowalski, Secretary, Board of Appeals, Southold Town Hall, Main Road, Southold, New York 11971; tel. (516) 765-1809. Dated: September 25, 1980. Posted on Town Clerk Bulletin Board. Copies to applicants. JUDITH T. TERRY - TOWN CI3ER K REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 September 24, 1980 To: Southold Town Zoning Boardof Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2750 application of Harry J. Lillian A. Baglivi for a variance. Also included are notificatio to adjoining property owners as follows: Charles & Geraldine Alexander, 257 Aspen Street, Floral Park, N.Y. 11001; Ruth B. Horowitz,lll-77 th Rd., Forest Hills, N.Y. 113~5; N.Y. 11756. JTT/bn cc:file Enclosures Gra~e Golden, 6 Potter Lane, Levittown, Judith T. Terry ~' Town Clerk SHORT ENVIRONMENTAL 'ASSESSMENT FORI3 · .~ ~ order to answer the questions in th1 short EAF it is assumed that the preparer wlll use. current17 available information concerning the project and the llkely impacts of the action. It is not expeoted that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant end o completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is not significant. . ': (dj Environmental Assessment .. ~. Will project result in a large physical change to the project site or physically alter more than lO acres of land? ......................... Yes, ,,, o 2. Will there'be a major change to any unique or -unusual land form found on the site?. .......... Yes 3. Will project alter or hove a large effect'on . existing body of water? ......................., , Y~s. 4.. Will project hove a potentially large impact . on groundwater quality? ....................... Yes, o 5. Will project significantly effect drainage flow on adjacent sites? ........................ ,Yes~'~Nq. , 6. Will project affect any threatened or endangered plant or animal species? ........... Yes ~o., 7. Will project result in o major adverse effeLt Yes v/No. 'ality? on air qu .............. ' ................. ,., , 8. Will project have o major effect on visual character of the community or scenic views or vistas known to:be important to the community? Yes 9. Will project adversely impact any site or .' . structure of historic, prehistoric or paleontological importance or any site designated os o critical environmental oreo by o local agency?. . ~ ...... ..-....~.-~... Yes o lO. Will project hove o major effect on exlstin9 Yes ~o or future recreational opportunities? ......... 11. Will project result in.major traffic problems aa cause o major effect to existing transportation systems? ......................., Yes v/N°,, 12. Will project .regularly cause objectionable odorst noise~ glare, vibration, or electrical disturbance os a result of the project's ti n? ' Yes v/No. opera o ..................................... 13 Will Project hove any impact on public health · Yes/No or.safety? .................................... 14. Will p~oject affect the existing community by directly causing o growth in permanent population of more than 5 percent over o one year period o_~r have o major neg~tlve effect on the character of the community or neighborhood? ................................. Yes, No 15. Is there public controversy concerning the project? ...................................... .--Yes'/N° REPRESENTING. DATE, BOARI:~OF APPEALS, TOWN OF SOUTHOLD lin the Matter of the Petition of to the Board of Appeals of the Town of Southold TO: To~ ~ CL~ R~C 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 (Variance) (Special Exception) (Special Permit) (the following relief: 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: '~-L- ~ ~.L,~ ~,~-~Ib~ lk~ ~' ~ 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: ~.x-~-~b ~-c~ ~-~.. ce~-,~-~e~c~--~ 2~C~ L~c~ e~. ~rt-.~,~'~c 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. ~~~ Petitioner NAME PROOF OF MAILING OF NOTICE ADDRESS P19 4 9R RECEIPT FOR CERTIFIED MAIL NG INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See ReverCe) STREET AND NO P o STATE AN d~lP 60DE POSTAGE P19 4029200 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- ~'[- Yt ~:b ~--~ ~ L-[~ 7--' NOT FOR INTERNATIONAL MAIL . · P19 . 029 ¢9 RECEIPT FOR CERTIFIED M IL NO iNSURANCE COVERAGE PROVIDED-- ~ NOT FOR INTERNATIONAL MAiL ~_~ (~- ~ C. I~ (~ L- [~ ~-~ (See Reverse) SENT TO STREET AND NO /~-~ ~ ??~- P O, STAT£ ~ND ZIP CODE POST^~E CERTIFIED FEE ~ ~PECIA L DELIVERY  RESTRIC~E~ DELIVERY SHOW TO WHOM AND ~ SHOW TO WHOM DATE AND ADDRESS OF ~ ~ -- DELIVERY ~ ~ ~ SHOW TO WHOM AND DATE ~ ~ ~ OEL[VERyDELIVEREDWITH RESTRICTEE g SHOW TO WHO~ d~lE AND AODRESS OF DELIVERY WITH RESTRICT~D DELIVERY STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: ~--(.~x~.,~ ~-~. //~'*~. , being duly sworn, deposes and says that on the 2-~' day of ~, a' ,19 ~ , deponent mailed a true copy of the.Notice set forth on the re- verse sidti~hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment j'oll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at ~ ~ _ ~ · ;that said Notices were mailed to each of said persons by Sworn to b~ore,me th~ JUDrrl-I T. TERRRr Notary Public, State of New No. 52-0344963 SuffOlk County~fJ (~ommlsslon Expires March 30, 19~ Y.S. ANSFER STAMPS O O CONSULT YOUR LAWYER BEFORE SIGNING THIS N4STI~IMENT--THIS INSTRUMENT SHOULD IS USED BY LAWYERS ONLY. THIS I~D~ made the ,,~ f' day of 0 c~ ~o/- ~-~- , nineteen hundred and '7 o BEI'I~.F~ G~EORGE W~ N~S, JR. and FLOWk~NCE ~-MATTHEWS, his wife, residing at ll~ Snead Road, Apt. d., I~dian Harbour Beach, Florida ~ of the 6rst part, and ~y J. BAGLIVI, residing at Nassau Point ~.o~d, Nassau Point, Town of Southo~d, Suffolk County, New York party of the second part, "::':' ' ~ti INE,$,~-'TH, that the party of the first part, in consideration of One and O0/lOO ........................... ($1.00) ........ i,ular~. lawful money of the United States, 8~d other good and valuable coneideratio~ paid by the party of the second part, does herel,y grant and release nnto the party of thc second p,.4:rt, the heirs or and assigns of the party of the second part forever, ,~II. that certain plot, piece or parcel of land, with the bnihlings and improvements there.n erected, situate, lying and being ~ at Nassau Point, Town of Southold, Suffolk County, New York on a map entitled "Amended Map A of Nassau Point owned by Nassau Point Club Properties, Inc. situate in Town of Southold, Long Island, New York" surveyed June 28, 1922 by Otto W. Van Tuyl, C.E. and Surveyor, Greenport, New York and filed in the office of the County Clerk of Suffolk County, New York, August 16, 1922, file No. 156; designated as that part of Lot No. 169 described as follows: BEGINNING at a point on the Northeasterly line of Wunneweta Road mazking the boundary line between lots 206 and 169; ~,n~ing thence along said boundary line N. 78° 36' 50" E. 298.56 feet to other laud of parties of the second part; running thence along said laud of parties of the second part S. ll° 23' 10" E. 99.93 feet to the boundary line between lots 169, and 168; ~mn~ng thence along said laud of parties of the second part S. 78~ 36' 50n W. 195 feet to the Northeasterly line of W, mneweta Road; ~mn~ng thence Northwesterly along said line the tie line being N. 57~ 2¢' 30" W. 1¢3.92 feet to the point or place of beginning. I0 1.4A(c) I. OA ( f. TA(c) 2.9A(c)/// / 1'/ 29 ?.$ 26 1.5A(c) 3O 1.4A(c) ~OT~- ,- LO]' ~UMS~-~6 5uo\¥u ~&[~g TO."AM~I~ MAp 'Z9B.$6 LO'[ _'2- 0 ?.4,660 SQ. FT. m 19~.0 · L.O'! ~7o ~4, G~S 5Q.FL ~0~.57 Z O, 6'ZO SQ. FT. LO]' '?-0,630 SQ. FT. '0 OF ~H~ NEW ¥O~,K $IAi'E~ ;',THE ~ND S~VEYO~'5 ~K~D SEAL O~ ~ EM~SSED SIAL ~A~ N~T '~ :'202.57 GU,ARvN'gEES INDICATED H ' .O_NL¥ !'O THE PER$,",, .... EREON S~ft~CE ~ · ~ 15 ~EHALF ~0 THE TITLE COMPANY, ~OVERNMENTAL AGE~ ~NDING INSTI~TION i.e.... · u THE ASSIZES O' ~,_*u ~RE~, AND TUTI GU r ~ 6 1.6A(c} 1.25A(c) Z5 · 7A Revisions I1; 29 I~AIc! PARCEL NO. SEE SEC. NO, 118-01-01l MATCH LINE KEY .~AP )0 26 LSA¢c) $0 I.,qA (c) 1.6A (c 3,4A (c) 2.6A(c)/ / 34 ~' .' I..4A(¢) '55 1,2 2.7A(c 0 200 40C SCALE N FEET (~ COUNTY OF SUFFOLK Real Property Tax Service Ag H. Russell Haase, Director Riverhead, L I, New York ,//~/// .