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HomeMy WebLinkAbout2527 LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Hall, Main Road, Southold, New York, on Thursday, March 22, 1979, on the following appeals: 7:30 P.M. (E.S.T.) Upon application of John Gaston, Equestrian Avenue, Fishers Island, New York, for a variance in accordance with the Zoning ordinance, Article III, Section 100-3! and the Bulk Parking Schedule for permission to divide property with insufficient width and insufficient area. Location of property: Equestrian Avenue, Fishers Island, New York, bounded on the north by Hay Harbor; east by Staunton; south by Equestrian Avenue; west by Coffey. 7:45 P.M. (E.S.~.) Upon application of Robert V. and Annette S. Rider, c/o John Nickles, Southold, New York, for a variance in accor- dance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Parking Schedule for permission to divide property into.two lots with insuffient width and area and a variance in accordance with Town Law, Section 280A for approval of access. Location of property: Wigwam Way, Southold, New York, bounded on the north by Wigwam Way; east by Minnehaha Boulevard, Laughing Waters Association, and the Town of Southold; south by Little Peconic Bay; west by H. Smith, Frank Bear, M. Morris a~d E. Yankee. 8:15 P.M. (E.S.T.) Upon application of Kodros Spyropoulos, 40-28 82nd. Street, Jackson Heights, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct a deck in the side yard area. Location of property: Private Road (Hyatt Road), Southold, by Long Island Sound; east by Reise; west by Wurtz. New York, bounded on the north south by Private Road (Hyatt Road); PUBLISH ER'S CERTIFICATE LEGAL No. ~43,, Town of Southold State of Connecticut County of New On this 16th l ss. NsW day Of March A. D. 1979, personally appeared before the under- signed, aNotaryPublic, within and for said County and State, A. G. Almeida, Controller of THE DAY, newspaper published at New Lomdcn, London, State of Connecticut, who states on case of a daily evening County of New being sworn, oath, that the Order of Notice, in the Legal advertisement ~543 is hereunto annexed, paper in its issues of the 16th days of March A.D. 1979. Subscribed and s~orntobefore my this day of March A. D. 1979. a true copy o£ which was 'published in said news- 16th Notary Public. LEGAL NOTICE NOTICE OF HEARINGS Pursuant ~to Section 267 of the Town L,qw and the provisions O~ the Amended Building zone Ordinance of the Town of.Southold, New York, public hearings y/ill be held by the Zoning Board of Appeals at the Town Hall, Main Road, Southold, New York, on Thursday, March 22, 1979, on the following appeals: 7:30 P.M. (E.S:T.) Upon application of John Gaston, Equestrian Avenue, Fishers Island, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 11)0-31 and the Bulk Parking Schedule for per- mission to divide property with insufficient width and insufficient area. Location of property: Equestrian Avenue, Fishers Island, New York, bounded on the north by Hay Harbor; east by Staunton; south by Equestrian Avenue; west by CoRey. A7:45 P.M. {E.S.T.) Unon pplication of Robert V. and nnet't~ g~-~{de~' c-o John INickles, Southola, ~ew ¥or~., for a variance in accordance with Town Law, Section 280A for approval of access. Location of property: Wigwam Way, Southold, New York, bounded on the north by Wigwam Way; east by Min- nehaha Boulevard, Laughing Waters Association, and the Town of Southold; south by Little Peconie Bay; west by H. Smith, Frank B6ar, M)~Iorris and E. Yankee. 8:15 P.M. tE.S.T.) · Upon application of Kodros Spyropoulos, 40-28 ; .82nd. Street, Jackson Height, New York, for a variance in ac- cordance 'with the Zoning Ordinance, Article III, Section 100-32 for permission to construct a deck in the side yard area. Location of property: Private Road ~Hyatt Road), Southold, New York, bounded on the north by Long Island Sound; east by Reise; south by Private Road ~Hyatt Road); west by Wurtz. Dated: March 12, 1979 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS · OF SUFFOLK, )F NEW YORK, ~ ss: J ..... ?.P.o.y...G.u..s~a~ .v?.o.n. ........ being duly Sworn, ...he... is Printer and Publisher of the SUFFOLK ~' TIMES, a newspaper published ~t Greenport, in said ,nd that the notice, of which the annexed is a printed s been published in the said Suffolk Weekly Times ,uch week, tot ...... .o.n..e ................. weeks 'ely commencing on the ..... ~.~t;l~ ............... ....... _.. 79 .................. ~ before me this .I.!./.~ .... ........ -.I. · J ............... i. ...... ? ........ LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provi- sions of the Amended Building Zone Ordinance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Hall, Main Road, Southold, New York, on Thurs- day, March 22, 1979, on the following appeals: 7i30 P.M~ (E.S.T.) Upon application of John Gastan, Equestrian Avenue, Fishers Island, New York, for a variance in accordance with the Zoning Ordinance, Article !11, Section 100.31 and the Bulk Parking Schedule for permission to divide property with iosufficient width and insufficient area. Location of property: Equestrian Avenue, Fishers Island, New York, bounded on the north by Hay Harbor,; east by Stannton; south by Equestrian Avenue; west by Coffey. 7:45 P.M. (E.S.T.) Upon application of Robert V. and Annette S. Rider, c/o John Nicldes, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article ii1, Section 100-30 and Bulk Parking Schedule for permission to divide property into two lots with insufficient width and area and a variance in accordanew with Tov~Law, Section 280A for approval of access. Location of property: Wigwam Way, Southold, New York, bounded on the north by Wigwam Way; east by Minne- haha Boulevard, Laughing Waters Association, and the Town of Southold; south by Little Peconic Bay; west by H. Smith, Frank Bear. M. Morris and E. Yankee. ¢ 8:15 P.M. (E.S.T.) Upon a.p.l~licatian of Kodros Sp~o- .~._p.l.os,_ 40-28 82nd. Street,- Jackson Heights, New York, for a variance in accordance with the Zoning Ordinance, Article IlL Section 100-32 for permission to construct a deck in the side yard area. Location of property: Private Road (Hyatt Road), Southold, New York, bounded on the north by Long Island Sound; east by Reise; south by Private Road (Hyatt Road); west by Wurtz. Dated: March 12, 1979 BY ORDER OF THE COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk Count; and that the notice of which the annexed is a printed copy, has been published in said Long Islond Traveler-Watch- man once each week for ................./. .................... weeks successively, commencing o~ the ..... ./.~ ......................... ................. Swom to before me this .../..~. ............... day ot FOP, a~ NO. ~ 0 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL file No. Date /:'E~ /~ 19.7...~ -EOt %>77 -- j (c) 7/ PLEASE TAKE NOTICE that your application dated .............................. ../~..~,-.~.....f..-~...., 19.-?.....~. for permit to c~ ........................................ ot the premises Iocoted ot .................................... .................................................................... 3treat Map .................................... Block ............................................ Lot ................................................ is LOT returned herewith and disapproved on the followlng grounds .....-~....kI..,S..~.~.[.-.!...~...E...I~...T. ...... .,(~,..I.b.?....~. ........... ~.&..E....~.. ......... ~.~...o..¥,.~.~.. ...... .o..~. ...... ~..c...c...~..s.~ .......... ~..0....~. ....... ...~.....L....~, ..FI.......L.0....-C.~ ................................................................................................................................... ~.~ Building Inspector IOO0- ~7 - P-- ! O O TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.~-~%'~? DATE .......... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. rw,~Robert Rider(J. Nickles,Agen~ Box 877 Name of Appellant Street and Number .................. $.Q.~.~h.O.~,.c], ................................................................ ~.,.'~., .......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED February 13, 1979 WHEREBY THE BUILDING INSPECTOR DENIED TO Robert Rider( J. Nickles, Agent) Name of Applicant for permit of Box 877 ~ Southold N.Y. Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY permit to divide property with insufficient width and recognition 1. LOCATION OF THE PROPERTV Wampum Way & Ninnehaha lO00_8~7-a~ce~' 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 Ordi.nonce.) Article 3, Sect.lO0-30, Sect.lO0-31, Bulk Parking Sched., Sect.280A Town Law. 3. TYPE OF APPEAL Appeal is made herewith for (x) A VARIANCE to the Zoning Ordinance or Zoning Map ( ~ A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~[~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... (x~ ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficulti~ orunneces- sa~ HARDSHIP becau~ originally prior to the zoning ordinance subject property was improved utilizing only one half of the land. The property is seven acres of upland, beach and meadow. The under improvement of this waterfront property now exists, and it is our feeli~ that the division of the property would provide it's highest and best use. Please see proposed division on .attached ~ survey. The property fronts 250+ on Wampum way and/thzs were not private Road approval of acces Would not be requires, There is not any way to increase the width, but there is enough total area to ~_the .c~rr~nt zoni~ ordinance and map. It is our feeling ~ne or~g~na± owners ~ntent was to divide the property similarily based on how the original structures are located. 2. The hardshipcreotedis UNIQUEand isnotshared by all properties alike in the immediate vicinity ofthis prope~y and inthisuse district because the surrounding properties located in the subdivisions of Laughi~ waters and Nunnakoma Waters were developed around the subject property prior to the zoning ordinance and in the case of Nunnakoma Waters when the lot requirements were one half acre with 100' front requirements. 3. The Variance would obse~e the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because it would exceed the present zoning requirements of The Town of Southold in terms of total area and in terms of the 150' width requirement the division would create two parcels of 138±' each- ONLY 12' short-- Lastly, the surrounding subdivisions are of parcels of from 50' front up to 100' front and in total area they are from 9600 square feet up to 20,000 square feet. We are requesting that you allow us to create two parcels of 3.7+ acres and 3.8± acres that contain 161,172 SQ. Feet and 165,52~ SQ. feet respectively; the upland portions are as follows; 69,000 SQ Feet and 75,900 SQ Feet. COUNTY OF ~_.//';~ 6/c' ) Sworn to this C~ ~ ..~ .............................................. day of ..................... 19 ~ NOT~Y PUBLIC, State of New Yo~ APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI ..© Southold Town Board of Appeals MAIN ROAD- ;ITATE: ROAD 25 SOUTHOLD. /.I., N.Y. 11cj'71 TELEPHONE (516) 765-1809 August. 10, 1984 Philip J. Cardinale, Main Road Jamesport, NY Esq. Re: Appeal No. 2527 - Robert and Annette Rider Property ID #1000-87-2-40 S/s Wigwam Way, Southold Dear Mr. Cardinale: Afte~ consultation with the Town Attorney yesterday and in review~'ng the material in t~e record of the above matter, this !ett)r will confirm ~hat ;t is my understanding that the grant;ng )f the above variance was based on the survey/sketch dated December 5, 1978 subm;tted with the application for 138' lot Width for each of the two parcels. The findings of the board relative to the lot widths of 148.50 and 127.95 feet should be corrected to read 138.0~ and 138.0±, respectively. We hope that this letter will suffice for your records. lk CC: Mr. Victor Lessard Yours very truly, GERARD P. GOEHRINGER CHAIRMAN TO~N OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 TEL. 765-1802 Aug.10,1 984 To Whom it May Concern: Building Permits 11507Z issued for an accessory garage with Certificate of Occupancy Z10899 & B.P. 10108Z for cellar and addition with a Certificate of Occupancy Z10285 go with the buildings and property (Lot 1) for the life of the buildings and property. Reguardless of change of ownership. A Vacant Land Certificate of Occupancy Z12150 was issued for Lot 2 the size of which is described in the Board of App- eals decision. Yours Truly Victor Lessard Exec. Administrator Building Dept. VL:dsm I~i(OPERTY RECORD CARD TOWN OFSOUTHOLD ~ OWNER STREET VILLAGE DISTRICT SUB. LOT J FORMER/OWNER. N/,),L /~.. "" - E . ACREAGE RES. ~/O SEAS. I VL. FARM '* COMM. I,ND. I CB. I MISC. LAN D IMP. TOTAL DATE REMARKS Farm Ac~ Value Per Acre Value ~ ~ ~ ~d ~ // ~ ~O Tillable 3 J CONSULT YOUR LAWYER lEl IGNING THIS INSTRUMENT--THIS INSTRU SHOED BI USED BY LAWYERS O~Y. 'PLEASE DG T~IND~m~& the ~nd ~ oJ Hs~ch , ~inct.n imndred ~nd eigh~?-four BE~ 8. ' ROBERT/~bER~d ANNETTE/RIDER, his ~ife, presently residing a~: ~0~1~t < MAP ;NATION (no #) Minnehaha Boulevard, Southold, NY party of the first part, and PHILIP, CARDINALE, presently residing at: (no #) Main Road, Jamesport, NY 11947 REAL ESTA'~E APR 2 71984 TRANSFER TAX SUFFOLK COUNTY party of the second part, wrr~t~rvs.I ,hat the nartv of the first oart, in consideration of Ten Dollars and other valuable consi.der.ati.on paid by the party of the second part, does ~reby grant and release unto the party o£ the s pa , or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being ~t~ at Southold, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a monument on the southerly side of Wigwam Way at the division line between the premises hereinafter described and land shown on a map entitled, "Nunnekoma Waters", file number 5126; RUNNING THENCE along the southerly side of Wigwam Way, North 76° 27' 00" East, 138 THENCE'parallel to the division line between the premises herein described and the Nunnekoma property, South 10° 41' 00" East t~7~J feet, more or less to the ordinary high water mark of Peconic Bay; tzoo'L" , ! THENC~ngAsa'xd high water mark,~8j-~)O~-~ ~)s%a.nce ~5.3~) feet more or less, to the land shown on the map en~i~xeo munneKoma WatersTr; THENCE along said'land, North 10° 41' 00" West, .Jl'30.O+-feet to a monument on ;the sou%hetiy side of Wigwam Way and the point or place of BEGINNING. /Said lot being 138 feet more or less in width running from Wigwam Way on the / North to Peconic Bay on the South. Being and intended to be part of the premises conveyed to the grantors herein in. Liber 8563 page 33(westerly one-half the~o/). TOGI~TIIER with all right, title and interest, if any, of the party of the first part in and to any streets and r.ads ahnttillg tile above described premises to the center lines thereof; TOGETIIER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO IIOLI) the premises herein granted onto the party of the second part, the belts or successors and assigns of tile party ot the second part forever. ~ written. " · ,t~lD the party of the first part covenants that the lxarty of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the barry of the first part. in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for th s conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpos~ o! paying the cost of the improvement and will apply the same first to tile payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires· IN wrrNE.~ WHEREOF, the party of the first part has duly executed this deed the day and year first above ROBERT~IDER ,Ir. / ~arch 22, 1979 THE CHAIBMAN: Would you like to postpone it? Are they in a hurray? MR. DOYEN: No, I do not think they are overly concerned with that. I don't think that three weeks will make much difference. On motion by Mr. Gillispie, seconded by Mr. Grigonis,'it was RESOLVED, that the decision on Appeal No. 2425 be POSTPONED - until 7540 P.M. on April 12, 1979. Vote of the Board: Ayes: Tuthill and Douglass. Messrs: Gillispie, Grigonis, Doyen, PUBLIC HEARING: Appeal No. 2527 - Upon application of Robert V. and Annette'S. Rider, c/o John Nickles, Southold, New York,'for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Parking Schedule for permission to divide property into two lots with insufficient width and a variance in accordance with Tow~ Law, Section 280A for approval of access. Location of property: Wig- wam Way, Southold, New York, bounded on the north by Wigwam Way; east by Minnehaha Boulevard, Laughing Waters Association, and the Town of Southold; south by Little Peconic Bay; west by H. Smith, Frank Bear, M. Morri~and E. Yankee. The C~irman opened the hearing by reading the appl%cat$on for a variancel'to the Zoning Ordinance,. legal . notice, of hearing, aff%davits ~ a~eestin~to its publication in the offlclal newspapers, and d~sapprova£ ~m the~Buil4ing-Inspector. The Chairman also read a statement from the Town Clerk that notification by Certified Mail had been made to: H. J. Smith, Frank Bear, Grace Bitz, Melvin Morris, Edward Yankee. Fee paid: $15.00. THE CHAIRMAN= Is there anyone who wishes to speak for this appli- cation? JOHN NICKLES: I would just like to point out that I am an elected official of the Town of Southold, but I am not appearing in that capa- city, but as the agent of the Riders. I have filed with the Board a disclosure statement with the Chairman. I don't think we have anything to add to our application, but we would be happy to answer any questions the members might have. THE CHAIRMAN: Is there anyone else who wishes to add anything for this application? (there was no response). Is there anyone who wishes to speak against this application? (there was no response.) Does any- one have any questions? MR. TUTHILL: I would just like to see the proposed division. These would be by far the largest lots in the area. MR. NICKLES: That's right, we tried to point that out in the application. THE CHAIRMAN: A good portion of this is under water though, isn't it? '.S~UTHOLD TOWN BOAR~F APPEALS -8- oMar'ch 22, 1979 MR. NICKLES: If you look at the survey, you will see that it is approximately 250 feet by 550 feet which is above land. Then there is an inlet, whioh is an extension of Corey Creek that Comes in up to the Nunnakoma subdivision. There is then a considerable amount of beach front out on the bay. THE CHAIRMAN: One of the things about looking at maps, but you might find that the actual terrain is quite different than what is on the map. When we were down there we realized ...... MR. NICKLES: Oh, some of it is underwater, but there is enough land left. It would still be in excess of the current requirements. MR. TUTHILL: There is 7-1/2 acres of property. MR. NICKLES: That is the size of the property. The upland por- tion is this area in here and would still be more than enough. MR. DOUGLASS: The main house is on one parcel already. THE CHAIRMAN: You have an existing house? MR. NICKLES: You will notice the property has a main structure and three out buildings. There are some pine trees planted down the middle that Mr. Hallock planted. Mr. Hallock was an attorney and must have contemplated at some time selling this other half of the property MR. TUTHILL: I don't think they would be this near the-line. THE CHAIRMAN: Who built the house originally. MR. NICKLES: Originally, I don't know. John Hallock who was an attoney ~n Riverhead for years until the time he passed'away owned it. THE CHAIRMAN: Mr. and Mrs. Rider are going to buy the house parcel or are they going to buy the vacant land? MR. NICKLES: They already purchased it, Mr. Gillispie. They pur- chased the entire seven acres. .THE CHAIRMAN: You are asking us to set this off? MR. GRIGONIS: There is an access in from Minnehaha Boulevard to this property. THE CHAIRMAN: Minnehaha is a public road? MR. NICKLES: Yes. Also so you have a little of the history. This originally was a 20 foot right-of,way. I don't know who it belonged to. It serviced this seven acres. In 1946 Mr. Hallock purchased the land the right-of-way was on. So that was a separate right-of-way in off Minnehaha. THE CHAIRMAN: Separately from his origina! purchase? '.SOUTHOLD TOWN BOARD~ APPEALS -9- ~arcn 22, 1979 MR. NICKLES: Right. So he added another 20 feet by 250 feet onto the property. This right-of-way, by the way, goes up, I don't know the name of this road and out the back of it. It leads out to South Harbor Road. Unfortunately, I don't know what that means. THE CHAIRMAN: Is that going to be extinguished? MR. NICKLES: It isn't extinguished? THE CHAIRMAN: Then it is still used? MR. NICKLES: Yes. MR. TUTHILL: It exists on paper, but it is overgrown. MR. NICKLES: No, when they divided Nunnekoma Waters, they could not make a lot where this right-of-way is. They left a space there. I don't think Mr. Rider is concerned about using this right-of-way out thru Nunnekoma Waters. MR. TUTHILL: That was my only concern. They have plenty of access. MR. NICKLES:. This is the access we are concerned about. MR. TUTHILL: There is no described right-of-way that runs through that area. MR. NICKLES: No one has the use of this right-of-way, but Mr. Rider. He owns thi's property. THE CHAIRMAN: What about these people along in here? MR. NICKLES: They have their own right-of-way, Wampum Way. THE CHAIRMAN~ I thought you said they came along this way? MR. NICKLES: I'm saying Mr. Rider's property had this right-of-way but then they purchased the land the right-of-way was over. So in effect this is no longer a right-of-way. THE CHAIRMAN: That doesn't mean they can extinguish the access. It was just a point of information MR. NICKLES: If i understand your question, he bought the land. THE CHAIRMAN: These people still have a right-of-way over .... MR. N~CKLES: These other people have no~hing to do with it. MR. DqUGLASS: The only people who could use that right-of-way were the owners of the seven acres. MR. NICKLES: No, they never did have the right. This property had a right-of-way over this 20 feet of property. In 1946 Mr. Hallock pur- chased this additional property. This other was part of the Mott Estate, TOm BOA ( APPH S -10- ~arch 22, 1979 and Mr. Mott's property is where the Wampum Way is. THE CHAIRMAN: Hallock then bought this separately? Formerly this was used also to service this area up here? MR. NICKLES: Mr. Hallock used it to come and go out this way - out to South Harbor. THE CHAIRMAN: Legally, or illegally? MR. NICKLES: Legally. MR. TUTHILL: It is described in the legal papers. As'long as he is not l~O~king for access on that. THE CHaiRMAN: It is a very simple problem, but I was just curious about the~ history. MR. NICKLES: If this were not a private road, we would not need access. Because it would be a public road, and Mr. Rider would have it. As I understand it the only reason we are asking for approval of access is because ~e are dividing it, and we need the approval to go from one parcel to the other. THE CHAIRMAN: this other road, MR. NICKLES: THE CHAIRMAN: These roads were private originally, weren't they? MR. NICKLES: Yes, but I believe they are town roads now. THE CHAIRMAN: Then I think the only thing we have to do is specify what the access has to be. What I am trying to resolve in my own mind is the new requirements that we have on accesses. Here is a case where you can reach this property with a fire truck or emergency vehicle from additional roads. Of course, they are private roads. I don't think we need a condition here concerning drainage, but we will put'it in anyway. MR. TUTHILL: ' As & p~actical matter, what part of the access are you saying.~hould be surfaced? THE CHAIRMAN: Where it isn't indicated, you can do whatever portion that you want to. MR. TUTHILL: Ail these private roads are black topped. I was just trying to figure out where the stone blend would go. THE CHAIRMAN: You must have a width of 15 feet. MR. TUTHILL: You mean along this right-of-way? That is correct. Because you do not have access over do you? ~. No, it is private. ~-~ "SOUTHOLD TOW~N BOAR~ APPEALS -11- ~arch 22, 1979 MR. TUTHILL: That seems like a waste when you have a road along the boundary of the property. They don't have a right-of-way over this property. A fire truck or emergency vehicle would be able to MR. DOUGLASS: THE CHAIRMAN: use Wigwam Way. MR. NICKLES: There~is access to the property from Wigwam Way. I'm sure we have driven that way many times. MR. DOUGLASS: It is not a legal right-of-way. MR. NICKLES: You can use it until someone tells you not to. THE CHAIRMAN: You think this is superfluous, Terry? MR. TUTHILL: As a practical matter, I think it is superfluous. Actually to picture this with a good, hard surfaced road in Wigway Way, although it it private. It seems ridiculous to improve this road which is just a farm road. Who would stop them from using Wigwam Way? MR. NICKLES: The Property Owners Association. THE CHAIRMAN: There may be trees blocking the way also. MR. NICKLES: I think the road is passable. I think brush and trees might have to be trimmed back, but the former property owner used it. THE CHAIRMAN: If we approve this at all, it will have to be improved. It.will have to accomodate emergency vehicles. As I understand it, some of the vehicles can weigh up to 35 tons. When you get a heavy truck like that on topsoil, it will just sink down. MR. TUTHILL: Chances are that if a truck went in there they would go in Wigwam Way and not even use the right-of-way. THE CHAIRMAN: This is why I say this is an unusual situation since you have two, private rights-of-way along side of each other. One of them needs to be improved, and the other is already improved. MR. TUTHILL: Mr. Rider, did you intend to improve the surface of that right-of-way? MR. ROBERT RIDER: Ray Nine put gravel. right-of-way there. The driveway has already been improved. ! had I figured I would have him put gravel on the I would like to keep that private. MR. TUTHILL: Then you would not object to these requirements? MR. RIDER: No, it sounded like it was a little more expensive than I thought it would be. '.SOUTHOLD TOWN BOAR~F APPEALS -12- ~arch 22, 1979 THE CHAIRMAN: We have been getting more and more access appli- cations lately, and we have found that we have had to spend more time setting up-guidelines for these accesses. How far is your house from this right-of-way? MR. RIDER: About 150 feet of driveway from the right~of-way. THE CHAIRMAN: Would your driveway be able to handle a fire truck? MR. RIDER: I would say so. MR. TUTHILL: He has gravel there. THE CHAIRMAN: What I am getting at now is how close to the struc- ture are we going to go? Do you have to come to the driveway to make it accessible for fire vehicles? This is not defined anywhere. MR. RIDER: The driveway comes right to the main structure now.. MR. TUTHILL: I would think this section here on the farm road would be more important, but they have this road here, Wigwam Way. MR. DOYEN: . They do not have legal access over that. THE CHAIRMAN: The Building Inspector cannot issue a building permit until this access matter is settled. In discussing a lot that has an access which is 1,000 feet long which merely gives access to the lot. Do you require that the right-of-way be improved the entire length? MR. TUTHILL: This private right-of-way section certainly ought to be accessible winter or summer to fire equipment. MR. RIDER: There is heavy equipment going in and ou~ there now. THE CHAIRMAN: Do these trucks go over the access you are asking for? MR. RIDER: No, they go over Wigwam Way. THE CHAIRMAN: Do you have the right to use that? MR. RIDER: I didn't know until tonight that I didn't have access over Wigwam Way. THE CHAIRMAN: I don't think you would be here tonight if you had access over Wigwam Way. MR. TUTHILL: This property goes right up to Wigwam doesn't it? MR. NICKLES: The access he is requesting abuts Wigmwam Way. THE CHAIRMAN: I would say in this case that maybe we could reduce this from 15 feet to 10 feet. MR. DOUGLASS: I would not go along with that. "S~UTHOLD TOWN BOAR~bF APPEALS -13- Q~March 22, 1979 MR.NICKLES: Wouldn't it be reasonable to improve the road from Minnehah~ Boulevard to this second parcel here? MR. ~RIGONIS: That's what I agree with. Up to the driveway. MR. ~IGONIS: I would say from Minnehaha Boulevard up to the division of the property. THE CHAIRMAN: Up to the last 2 or 3 weeks, we have delivered a person to his driveway and then dropped him. Suppose the structure is 500 feet from Ills driveway. It burns down or an ambulance cannot get down there. MR. GRIGONIS: You can't make a man do that. MR. DOYEN: We are not charged with that responsibility. THE CHAIRMAN: Yes, we are. We are charged under Section 280A to determine what constitutes proper access. MR. DOYEN: Access to a lot or access to a structure. MR. GRIGONIS: If a man lives on the sound and has a driveway to his house that is a mile long you cannot expect him to improve that. We've laid hose for 1500 feet. You would not have any water hook-up for them down there. THE CHAIRMAN: Now if this right-of-way was just improved for the width of the first lot, the rest would be useless, wouldn't it? Be- cause there is no way to get over to the present house. MR. NICKLES: I just said to Mr. Rider that in the future if he sold this property for that price, the new owners would be improving' the right-of-way himself. THE CHAIRMAN: If you sell this vacant lot, will you keep the house? , MR. NICKLES: Mr. Rider has no plans to sell the property. MR. NICKLES: We do not want to sell. THE CHAIRMAN: Are you going to live there? MRS. RIDER: We are renovating it now. MR. NICKLES: If you had driven down the driveway you would have seen that the house is all raised up and they are putting in a new foundation. MR. DOUGLASS{ We were there, I have pictures of it. THE CHAIRMAN: Well, let's compromise. We will have him improve it .. "g6UTHOLD TOWN BOAR~ APPEALS -14- ~arch 22, 1979 across the first lot. Of course, if we leave it there, we have a gap between that lot and the driveway to the house. It is all over- grown, right? MR. NICKLES: I have driven down that with my car. THE CHAIRMAN: Take a look. We have pictures there. Have you been over that right-of-way? MR. NICKLES: Yes, I have driven down there. MR. DOUGLASS: Not the one parallel to Wigwam Way. MR. NICKLES: Yes, you can. I have done that. MR. DOUGLASS: Charlie walked in it the other day. Somebody started to make a road out of it at some time. MR. NICKLES: That road has been there for 50 years. That was Mr. Hallock's driveway into his property. THE CHAIRMAN: What we would be requiring here is a road across the headland of the property. You are not using it now to go in and out, are you? MR. RIDER: Yes, sir. THE CHAIRMAN: You used this driveway all winter? MR. RIDER: Yes. I'm talking about this dirt road because ~here were trees hanging over that I had to take down. Now I had originally planned to have Ray Nine put gravel down the whole length of the right of-way. When I get through with the construction, I plan to put a tree here. I just have not gotten all the saplings out yet. THE CHAIRMAN: You have been using the Wigwam Way right-of-way. When you finish your construction you are going to plant a ~ree there so no one can come in on your right-of-way, is that what you plan? MR. R~DER: Yes, to make it a little more private. M~.. T HILL: It looks as though he is on the way to doing what we require ~ow. MR. DOUGLASS: I think he should be required to improve the right- of-way to his driveway. He had planned on doing it anyway. MR. TUTHILL: I agree with ~hat. THE CHAIRMAN: Charlie, what do you think. The right-of-way would run the width of the property along the headland to the driveway. ~'SOUTHOLD TOWN BOAR~ APPEALS -15- ~arch 22, 1979 MR. GRIGONIS: MR. NICKLES: property? As far as I am concerned, that is enough. You are talking about the entire north end of' the THE CHAIRMAN: MR. DOUGLASS: MR. TUTHILL: Yes. Tie it to the driveway you have now. On the western end Of your property. MRS. RIDER: You want the entire right-of-way improved the way you stated before? THE CHAIRMAN: We gave your husband the specifications. MR. NICKLES: Bob, what do you estimate the cost of this would be? MR. DOUGLASS: What he has had Ray Nine do with the gravel will cost abo~ut the same with the 3/4 inch stone blend that we specify. It is eac~ier to put down and will not move around. N!~KLES.: Stone blend is a mixture of blue stones? MR. MR. DOUGLASS: It is a mixture of blue stone and dust. THE CHAIRMAN: You can put it right on top of topsoil. You do not · have to strip the topsoil' first. It is harder. MR. TUTHILL: With a gravel base you would never get a pothole in it. MR. DOUGLASS: This stone blend is better. Gravel kicks out from underneath you. This never moves. THE CHAIRMAN: We have looked at quite a few of these stone blend arrangements. They are good. MR. DOUGLASS: I am sure Ray Nine has used it. That way you do not have a problem disposing of the THE CHAIRMAN: topsoil. After investigation and inspection the Board finds that the applicant wishes to divide a 7.48 acre parcel of land into two lots. Each lot will have frontage on a private right-of-way, which runs parallel to Wampum Way. The lot to be created which has the main dwelling on it will have 148.50 feet of frontage and the vacant lot will have 127.95 feet. The applicant also requests recognition of access for these lots due to the fact he is not entitled to access over Wampum Way. The Board agrees with the reasoning of the applicant. Each lot will contain 3 acres in acreage. The Board finds that strict application of the Ordinance would pro- ;' g6U. THOLD TOWN BOAR~ APPEALS -16- ~arch 22, 1979 duce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On m~tion by Mr. Gillispie, seconded by Mr. Douglass, it was RESOLVED, that Robert V. Rider and Annette S. Rider, be granted permission to divide property with insufficient width and recognition of acoess. Location of property: Wigwam Way, Southold, New York, bounded on the north by Wigwam Way; east by Minnehaha Boulevard, iLaughing Waters Association and the Town of Southold; south by Little '~Peconic Pay; west by H. Smith, Frank Bear, M. Morris and E. Yankee, subject to the following conditions: (1) Such access shall have a width of not less than 15 feet; (2) Such access road shall be cleared of all trees, brush and other obstructions to a width of 15 feet. (3) Such access road shall be improved in either of the following methods: (a) Such access road shall be surfaced with a minimum depth of 4 inches of packed 3/4 inch stone blend so as to afford access for emergency vehicles. Such stone blend may be either applied to the ground surface and shaped or the surface may be excavated to permit the application of packed blend to a depth of 4 inches. (b) The access road shall have topsoil removed to a depth of 8 inches and then filled with 8 inches of a good grade of stone and sand bank run. The surface shall then be covered with a layer of 2 inches to 4 inches of 3/4 stone blend. (c) The access road shall be oiled with a minimum of 4/10tbs of a gallon of road oil per square yard. (4) All work required as hereinbefore set forth shall be performed under the supervision of the Town Engineer and no building permits or certificates of occupancy shall be issued by the Building Inspector until the Town Engineer has certified that such access road has been constructed in accordance with the foregoing requirements. (5) Where the terrain of the land over which such access road is to traverse is such that drainage problems may occur, the applicant shall be required to construct such drainage facilities as may be recommended by the Town Engineer. (6) The Board of Appeals may in passing upon any appeal for approval of access make any reasonable exception as in its judgment it deems appropriate to the circumstances. Vote'of the Board: Ayes: Messrs: Gillispie, Grigonis, Doyen, Tuthill and Douglass. COMMISSION Seth A. Hubbard I~¢ E. Kop~l~fl ~f~or of P~ Suffolk County Department of Planning Yetera..s Memorial JOHN V.N. KLEIN. County Executive H~ h~y H, uppau~e, £. I., M. Y. 979-29'18 11787 Town of Southold Board of Appeals April 13, 1979 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk .County Planning Co~,fssion are considered to be a matter for local determination. A decision of local determination should not be construed as either aa approva! or a disapproval. Applicant Municipal File Number Kodros Spyropoulos Robert V. Rider, Jr. 2526 2527 CGN:Jk Very truly yours, Lee E. Kopp~lman Director of Planning ¢) TOWN CLERK 765-3783 Building Dept. Planning Bd. 765-2660 Board of Appeals 765-1809 TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, the ..... ,~o&rd, .0£. A,ppea.%s ............ of the town of ..... -qouth~Qld ............... (agency involved) hereby refers the following propOSed zoning action to the Suffolk County Planning Commission: (check one) ................ New and recodified zoning ordinance ................ Amendment to the zoning ordinance ................ Zoning changes ................ Special permits ..... ..X. ........ Variances Robert V. Rider, Jr. Annette S. Rider Southold, New York 11971 Appeal No. 2527 Location of affected land: ..Hi~j:wam..i4a~'....(P~:iv.a.~e..J~Qadl.,...,~.Qut, ho.l~,...~eK..~rk,. ........... within 500 feet of: (check one or more) ..... ~ ........ Town or village boundary line, or shore line ................ State or county road, parkway or expressway ................ State or county park or recreation area ................ Stream or drainage channel owned by the county or for which the county has established channel lines. ................ State or county owned parcel on which a public building is situated Comments: Applicant was granted permission to divide a 7.48 parcel of property into two lots. Parcel A. will contain 3.7 acrds; Parcel B will contain 3.8 acres. (signed) 77t/e Date received by Suffolk County Planning Commission ................................ .................................................... File No ................................. :KLES REAL 1979 East Main Road, Southold, New York 11971 · (516) 765-3416 To The Southold Town P~ng~: Gentlemen: Please be advised that I am '. licensed by The State of New York as a Real Estate Brokerl that I am an Elected Official of The Town of Southold( Board of Trustees), and that I am appeari~ before you as the agent of 1~. and ~rs. Robert Riderl and that I participated in the sale of the subject property as a Sub-~ent for the Broker of record, John Bagshaw of Riverhead, who was employed by The John Hallock Estate to sell this property. On January 3, 1979 title transfered to The Riders. I have sold property in the past for the Riders when they moved out of the area, and I would hope to do so again if they requested my services. Ve~~ouy~ Jo~ J. Ni~les, Realtor® cc,Supervisor Town of Southold Chairman, Board of Trustees Town Attorney MEMBER: New York State Society of Real Estate Appraisers National Association of REALTORS National Institute of Farm & Land Brokers International Real Estate Federation Commercial and Investment Division of NYSAR National Marketing Institute o JUDITH T. TERRY TOWN CI~RK REGISTRAR OF VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L. I., N. Y. 11971 February 28, 1979 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Appeal No. 2527, application of Robert Rider (J. Nickles, Agent) for a variance. Also included is notification to the following adjoining property owners: H. J. Smith, Robinson Lane, Peconic, Frank Bear, Wampum Way, Southold, Grace Bitz, Minnehaha Boulevard, Southold, Melvin Morris, Wampum Way, Southold, Edward Yankee, 31 Summit Drive, Smithtown, Southold Town Clerk, Main Road, Southold. BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : Robert Rider to the Board of Appeals of the Town of Southold : TO: NOTICE ( ( YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold ( to request a (Variance) (Sl~e~lx~kej~R$~.Re~:~:[n~ (the following relief: To divide propert.vl with insufficient width and recognition of access. ~. 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribedasfollows~)n the North by Wampum Way, on the East bv Minneh~h~ Rlxrcl. ±ho Laughing Waters Assoc. and The Town of Southold, on She South by Little Peconic Bay, on the West bM the following: H. Sm~th~ F. B~sw: M. M~ and E, Yankee. 3. Thattheproperty whichisthesubjectofsuchPetitionislocatedinthefollowingzoningdistrict: A~ricultural- Residential 4. ThatbysuchPetition, theundersigned willrequestthefollowingrelief:To dieide property with insufficient width and to obtain approval of access. $. That the provisions of the SouthOld Town Zoning Code applicable to the relief sought by the under- signedare' Article 3, Sect.100-30, Sect. 100-~1. The Bulk Parkin~ Sect.280A of Town I~w. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: c~/7~ ~/ Petitioner Robert Ricl. er & wife by John J, Nickles, Agent. Post Office Address Box 877, Southold, NY 11971 PROOF OF MAILING OF NOTICE NAME ADDRESS 9L61 STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: ~c~.~c~oXb ~ ~¢ ~ , being duly sworn, deposes and says that on the ~. ~ day of /--~~ ,19 ~/~ , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, direc~ted to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at _~o~'tr~ · ~ ; that said Notices were mailed to each of said persons by (certified) (ee~i~ered) mail. Sworn to~efgre m_e this '~ ~ day of ~'~r.~V.x..~"~, ,19 ~ ~ ' Nota~ Public Ju~ T. 2502 ~2.9A(c)