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HomeMy WebLinkAbout2325 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOAKD OF APPEALS Appeal No. 2325 Dated August 4, 1977 ACTION OF THE ZONING BOARD OF APPEALS OF THE TO,tN OF SOUTHOLD To Philip J. Ofrias, Jr. Bayview Road, Southold, New York 11971 Appellant at a meeting of the Zoning Board of Appeals on April 13, was considered and the action indicated below was taken on your (X) Request for variance due to lack of access to property ( ) Request for a special exeeptiou under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) 1978 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... ~f the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 9:15 P.M. (E.S.T.) Recessed hearing upon application of Philip J. Ofrias, Jr., Bayview Road, Southold, New York, for a variance in accordance with the Town Law, Section 280A for approval of access. Location of property: Right-of-way, east side Laurel Avenue, Southold, New York, bounded on the north by Mill Creek; east and south by R. Lang, Jr.,; west by Mill Creek. 2. VARIANCE. By resolution of the Board it was determined fhat (a) Strict application of the Ordinance (would) (would not) produce hardship because SEE REVERSE 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 (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE FORM ZB4 ) be denied and After investigation and inspection, the Board finds that the applicant requests approval of access, east side Laurel Avenue, Southold, New York. The findings of the Board are that the proposed right-of-way has been agreed to by all parties concerned. 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. THEREFORE, IT WAS RESOLVED tha- Philip J. Ofrias, Jr., Bayview Road, Southold, New York, be GRANTED approval of access over a right- of-way extending from Laurel Avenue to the land of Ofrias, the right-of-way to be contained in the bed of the proposed "Long Creek Drive" as shown on the survey of December 16, 1977, by Van Tuyl, subject to the following conditions: 1. The right-of-way shall be inspected by the Board of Appeals. 2. Town Counsel will review all documents to make a determination of legality. 3. This action is subject to the execution of suitable legal documents signed by all parties concerned. Vote of the Board: Ayes: - Messrs: Gillispie, Grigonis, Doyen, Maimone. C O Legal Notice ~ 9:15 P.M. (E.S.T. Philip J. Ofrias, Jr., -3- Hearing: April 13, 1978 Recessed hearing upon application of Bayview Road, Southold, New York, for a variance in accordance with the Town Law, Section 280A for approval of access. Location of property: Right-of-way, east side Laurel Avenue, Southold, New York, bounded on the north by Mill Creek; east and south by R. Lang, Jr.; west by Mill Creek. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: April 3, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, APRIL 6, 1978, AND FORWARD EIGHT (8) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK, PRIOR TO THE APRIL 13TH MEETING. Copies mailed to the following on April 3, 1978: Edward Boyd, Esq. a/c John Malinowski Mark Sharman Mattituck Anchor Inn Corp. Mr. and Mrs. Charles Westenberg Anthony Tohill, Esq. a/c Ricereto Richard Lark, Esq. a/c Southold Savings Bank Gary Olsen, Esq. a/c Cynthia Mahnken Philip J. Ofrias, Jr. Marion, New york for .. variance in aeeardance ,kith the Zoning Ordinance, Article III, Section 1~0-31 and Bulk Schedule for permission to construct dwelling on un- dersized lot. Location of property: Stephemon Lane (Pvt. Rd.), Orient, New York, bounded on the north by Private Road; east by Bur- nham; south by Old Main Read; west by Lomas. 8:00 P.M. (E.S.T0 upon application of Mattituek Anchor Inn Oorp., Box 18, Mattiinck, New York for a special exception in ac- cordance with the Zoning Ordinance, Article III, Section 100-30 C 6(f) for permission to erect off-premises directional sign. Location of property: Sound Avenue, Mattituck, New York, bounded on the north by Sound Avenue; east by Pylko; south and west by J. Meglio. 8:10 P.M. (E.S.T.) upon application of Mr. and Mrs. Charles L. Westenharg, 796 Bayview Drive, East Marion, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to construct ad- dition with insufficient front yard setback. Lo~ation of property: Bayview Drive, East Marion, New York, bounded on the north by Stiege; east by Bayview Drive; south by Bayview Drive; west by Cordes. 8:25 P.M. (E.S.T.) upon application of Mr. and Mrs. David Ricereto, Oregon Road, Cutchogue, New York (An- thony. B. T.ohill, Attorney) for a varmnce m accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to construct dwelling with in- sufficient side-yard setback. Location of property: Right- of-way, north side Oregon Read, Cutchogue, New York, bounded on the north by Long Island Sound; east by Baxter; south by Krupski; west by Galiagher. 8:40 P.M. (E.S.T.) upon application of Sonthold Savings Bank, Main Road, Seuthold, New York (Richard Lark, Attorney) fora variance in accordance with the Zoning Ordinance, Article XI, Section 100-112 H for permission to construct accessory off- premises parking lot in excess of 200' from main premises. Location of property: East side Railroad Avenue ( Yoongs Avenue), Sonthald, New York, bounded on the north by P.B.M. Associates; east by Rich; south by Eiseman; west by Railroad Avenue. 9:00 P.M. (E.S.T.) upon application of Cynthia Mahnken, Box 117', Pur- cellvilte, Virginia (Gary Olsen~ Attorney) for a variance in Accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to set off lot with insufficient width and area. Location of property: Horton Lane, Southold, New .York, bounded on the north by Conway; east by Horton Lane; south by Gratinn; west by Greenfield Acres Sub. 9:lSP.M. (E.S.T.) Recessed hearing upon application of Philip J. Ofrias, Jr., Bayview Read, Southuld, New York, for a variance in accordance with the Town Law, Section 280A [ for approval of access. I Location of property: Right- iof-way, east side Laurel Avenue, Southold, New York, bounded on the north by Mill Creek; east and south by R. Lang, Jr.; west by Mill Creek. Any person desiring to ha heard on the above appeals should appear at the time and place above specified. Dated: April 3, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TA6-2~64 COUNTY OF SUFFOLI(, ] STATE OF NEW YORK, ~ ss: ...??p.Y...~..~?.A..V~??. .................. being duly Sworn, says that .. ~... is Printer and Publisher of ~he SUFFOLK WEEKLY TIMES, a newsIMper published at Greenport, in said county; and that the notice, o! which the annexed is u printed copy, has been published in the said Suffolk Weekly Times once in eoch week, tot ....... .~..N~. ................ weeks successively commencing on the ... ,~.[XT.H ................ d~y O~ ....A.9..R~lt.~_~w~,. ~9 ....... l.. ................. Sworn to bef~e me this . .1 .......... .... :::: :; · (' -'~ -" ' ,'¢Yo,'ic (continued on ~p~age 26) 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, April 13, 1978. on the following appeals: 7:30 P.M. (E.S.T.) upon application of John Malinow- ski, Second Street, New Suf- folk, New York, to rescind variance granted on January 12, 1978, giving permission to use existing business building for assembly of parts. Location of property: west side Second Street, south side King Street; east by Second gtreet; south by FI. Aponik and other land of applicant; west by Third Street. ;, 7:30 P.M~ (E.S.T.) recessed hearing upon application of Patrick Edward and Linda Martz Lyons for a: special exception to {-einstal;e non- conforming, two-family use, north side Main Road, Orient, New York. 7:50 P.M. (E.S.~.] non oounoea on me norm {~y i. P~B.M. Associates; east by . R~ch; south by Eiseman; west b~ Railroad Avenue. ' 4:00 P~M.. (E.S'.T.) upon application of Cynthia Mahn- ken, Boa 117, Purcellville, Virginia '(Gary Olsen, Atto~-- ~m~y). for a ~ariance in accord- . °~dce witl~ t'l~( ~f. op, ing ?rdin- ance, Arflc~i: Ill. Section 100- 31 and Bulk Schedule for permission to set off lot with insufficient width and area. Locati~ of property: Horton Lane, Southold, New York, bounded on the north by Conway; east by Horton Lane, south by Grattan; west by Philip J. Ofrias, Jr., Bayview Road, Southold, New York, for i ~ variance in accordance with the Town Law, Section 280A for approval of access. Loca-' tion of property: Right-of-way, east side Laurel Avenue. Southold, New York, bounded on the north by Mill Creek; east and south by R, Lank, Jr.; west by Mill Creek. Any person desiring to be heard on the~a~ppeals should appear at the time and COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricio Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Lon~ Island Traveler-Watch- man once each week for ......... y .............................. weeks successively, commencing o~ the .....L! ................................ ..................... Sworn to before rne this ..... J. ................. do~ o? .. :..? ..................... Notary Public ~ -- Legal Notice -2- Hearings: August 25, 1977 8:25 P.M. (E.D.S.T.) upon application of James Genovese, 15 Cornwallis Road, Setauket, New York for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct addition with insuffi- cient front-yard setback. Location of property: North side Lake Drive off Kenny's Roa'd, Southold, New York, bounded on the north, east, and west by Dechiaro; south by Lake Drive. 8:35 P.M. (E.D.S.T.) upon application of Mary W. MacNish and Ruth Lessard, Westphalia Road, Mattituck, New York (Abigail Wickham, Esq.) for a variance in accordance with the Zoning Or- dinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: Westphalia Road, Mattituck, New York, bounded on the north by Mattituck Creek; east by now or formerly Guiler; south by Westphalia Road; west by now or formerly F. Olmsted. 8~45 P.M. (E.D.S.T.) upon application of Philip J. Ofrias, Jr., Bayview Road, Southold, New York for a variance in accord- ance with the Town-Law, Section 280A for approval of access. Location of property: Right-of-way, east side Laurel Avenue, Southold, New York, bounded on the north by Mill Creek; east and south by R. Lang, Jr.; west by Mill Creek. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: August 12, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, AUGUST 18, 1977, AND FORWARD EIGHT (8) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. LEGALNOTICE , Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of tho Town of Southold, New York~ public hearings wi~ be be]~ by the Zoning Board of ApPoak ;at the Town Hall, Main Road, Southold, New York on Thursday, 25,1977, on th e following apA~.;. 7:30 P.M. (E.D.S.T.) Receded hearing upon aPplic~tioit~"el~ Helmut Hass for a varia~r approval of buiklhg bd~:b~_ violation of the Bullding/~ Housing C~des, east side ~ Road (Pvt Rd.), Southold, Ne~~ York. 7:40 P.M. (E.D,R.T.) R~ hearing ,u~oon a~)plication of Virginia W. Sutm' for a variance to construct accessory building with insufficient setback, Beach- wood Road, Cutchogue, New York. 7:50 P.M. (E.D.S.T.) Recessed hearing upon application of Lee and Barbara Siros for a variance to set off lot with iosufficient width and area, east side Deer Path, Mat~ituck, New York. 0:00 P.M. (E.D.S.T.) upon application of Gil and Ann Amiaga, 52370 North Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Article HI, Section 100-30 and Bulk Schedule for permission to construct ad- dition with insufficient side-yard setback. Location of prOperty: Right-of-way, south side CR27, Southold, New York, bounded on the north by AJ Amiaga; east by M. Mulvaney Est.; south by Mill Creek: west by J. Levin and others. 3:15 P.M. (E.D.S.T.) upon application of John Milusich, Jr., 645 Tuckers Lane, Southold, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 30 and Bulk Schedule for per- mission to divide proper~y with insufficient width and area. Location of property: Tuckers Lane and Glover Street, Southold, New York, bounded on the north by Tuckers Lane; east by now or formerly Osborne (Ruebsarnan); south by now or formerly Dumovic & Herzich; west by Glover Street. 8:25 P.M. (E.D.S.T.) upon application of James Genovese, 15 Cornwallis Read, Setauket, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 30 and Bulk Schedule for per- mission to consiruct addition with insufficient front-yard setback. Location of property: North side Lake Drive off Ken- nfs Read, Southold, New York, bounded on the north, east, and west by Dechiaro; south by Lake Drive. 8:35 P.M. (E.D.S.T.) upon application of Mary W. MacNish and Ruth Lessard, Westphalia Rr ~, Mattituck, New York (Amgail Wickham, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 10030 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: Westphalia Road, Mat/:iinck, New York, ~)F SUFFOLI~, ] bounded on the north by Mat- ? NEW YORK, ~ ss: ti~ck Creek; east by now or J formerly Guiler; south by Westpha~aRoad; westbynowor .~..~.u.a.~..t..C. ;..Dorman being duly Sworn, formerly F. Olmsted. ~ ........... 8:45 P.M. (E.D.S.T.) upon lapplication of Philip J. Ofrias Jr., Bayview Rc~d, Southold New York for a variance in ac: ccrdance with the Town Law. Section 280A for approval o~ access. Location of property: Right-of-way, east side Laurel Avenue, Southold, New York, bounded on the north by Mill Creek; east and south by R. Laeg, Jr.; west by Mill Creek. Any pets on desiring to be heard on the above appeals should appear at the time and place above specified. Dated: August 12, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD OFAPPEALS 2789 1TA18 .he. .... is Printer and Publisher of the SUFFOLK TIMES, a newspaper published ~r[ Greenport, in said d that the notice, of which the annexed is a printed been published in the said Suffolk Weekly Times ch week, for . (l,)...orl~ ................ weeks ly commencing on the eiglM:eent:h ............. ~..~ :k .>~.. ~ ...... beiore me this .. ,/.~. ..... LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordi- nance of the Town of Southold, New York. public hearings will be held by tile Zoning Board of Appeals at the Town Hall, Main Road, Southold. New York on Thursday, August 28. 1977. on the following appeals: 7:30 P.M. {E.D.S.T.) Recessed hearing upon application of Hel- rout Hass for a variance for approval of building built in violation of the Building and Housing Codes. east side Beverly Road (Pvt. Rd.). Southold, New York. 7:40 P.M. (E.D.S.T.) Recessed hearing upon application of Vir- ginia W. Suter for a variance to construct accessory building with insufficient setback. Beachwood Road, Cutchogue, New York. 7:50 P.M. (E.D.S.T.) Recessed hearing upon application of Lee and Barbara Siros for a variance to set off lot with insufficient width and area, east side Deer Path, Mattituck. New York. 8:00 P.M. (E.D.S.T./ upon application of Gil and Ann Ami- aga. S2370 North Road. Southold. New York for a variance in accordance with the Zoning Ordi- nance, Article Ill. Section t00-30 and Bulk Schedute for permission to construct addition with insuf- ficient side:yard setback. Loca- tion of property: Right-of-way, south side CR27, Southold, New York, bounded on the north by A. Amiaga; east by M. Mulvaney Est.; south by Mill Creek; west by J. Levin and others. 8:15 P.M. (E.D.S.T.) upon application of John Milusich, Jr.. 648 Tuckers Lane, Southold, New York for a variance in accordance with tile Zoning Ordinance, Art- icle III. Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: Tuckers Lane and Glover Street, Southold, New York, bounded on the north by Tuckers Lane; east by now or formerly Osborne (Ruebsaman); south by now or formerly Dumovic & Herzich; west by GIover Street. 8:28 P.M. {E.D.S.T.) upon application of James Genovese, IS Cornwallis Road, Setauket, New York for a variance in accordance with tile Zoning Ordi- nance, Article IlL Section 100-30 and Bulk Schedule for permission to construct addition with insuf- ficient front-yard setback, Loca- lion of property: North side Lake Drive off Kenny's Road, South- old, New York, bounded on tile , north, east, and west by Dech- Jato; south by Lake Drive. 8:38 P.M. (E.D.S.T.) upon application of Mary W. MacNish and Ruth Lessard. Westphalia Road. Mattituck, New York (Abi- gail Wickham, Esq.) for a var- iance in accordance with the Zoning Ordinance. Article Ill, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: Westphalia Road, Mattituck, New York, bounded on tile north by Matti- tuck Creek: east by now or formerly Gullet; south by West- phalia Road; west by now or formerly F. OImsted. 8:48 P.M. (E.D.S.T.) upon application of Philip J. Ofrias, Jr., Bayview Road, Southold. New York for a variance in accordance with the Town Law, Section 280A for approval of access. Location of property: Right-of-way, east side Laurel Avenue, Southold. New York. bounded on tile north by Mill Creek; east and south by R. Lang, Jr.; west by Mill Creek. Any person desiring to be heard on tile above appeals should appear at tile time and place above specified. Dated: August 12, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS IT-8/18 (163) COUNTY OF SUFFOLK ss: STATE OF NEW YORK Sherley Katz, being duly sworn, soys thor she is on Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is o printed copy, has been published in said Long Islcnd Troveler-Watch- man once each week for .............. J. ....................... weeks successively, commencing on the ./~/ of ... .............. Sworn to before me this ..... /.../ .............day ot .................. 2 ... .k.'. .................... ~ ,/ No~ry Public JOSEPH FENTON FORM NO. 3 O TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No .................................................................. Date .................... ~-~....M ............. , 19..~....1 ........ ~i~..~...~..~.~..~ ........ ...... ......... PLEASE TAKE NOTICE that your application dated ................. L~....~ ...... ...~.. ........... , 19.?....( for permit to construct .~.~ ......... at the premises located at ...~.....0..i.....~.......~ ..... ~....0-~.: ...................~Street ~~, Map ................. ~ ............ Block .........~. ...................... Lot .......~. .................................... is Ellt,,~,,J h ....... th ,~,,-I d,sapproved on the following grounds .... ~,~,.~,,,.~..~.. ...... ~...~ '. ..................... ..0.,.. v~. .............. O O TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~ '-~ ~'g'~ DATE., ....A,u, gU~....t....4. ,....1..9.7 7 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ....~hJ:. ~.J:.P...~.:...O..?~.~...a~...:...~. ~: ................... of ............ . .]~...~...J:..??.... ~c~ ........................................ Name of Appella.nt Street and Number Southold, New York ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...... ..4,.~.~...~......:~,...~..r]..~. ............... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) Name of Applicant for permit of Bayview Road, Southold, Nm York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Building Permit 1. ~r(~gi2a~A~lOa~ OF THE PROPERTY parcel known as Hasham:mluck Tsland, f/k/a Great Street Use District on Zoning Map Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Sub- 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance requested for the reason that Form ZB! (Continue on other side) REASON FOR APPEAL O Continued p~rovJ.~J~n~._of Town Law 280-a (1) and/or (2) 1. STRICT APPLICATION OF THE]~li~t~J~l]~would produce practical difficulties or unneces- sary HARDSHIP because applicants parcel consists of an e~cess of 18 acres of Woodland surrounded on three sides by wa~er and accessable only over a right of way over land of others to the public highway known as Laurel Avenue. (see survey submitted herewith as e~hibit A) Applicants parcel has been in single and separat~ ownership for over 80 years with such right of way contained in all prior deeds of record. Said right of way physically exists and has been in continuous use for as many years as anyone can r~mL~er. There presently exists a dwelling on the applicants parcel which was built by applicants predecessor in title in or about 1947 which dwelling is presently in use with the sole means of ingress and egress being t}~ existing right of way as sh~n on e~ibit A. 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 of the phys'ical layout of the property and its histoz-y as set forth above. STATE OF NEW YORK ) ~ ~.~ , ........... ......................... Sworn to this ................. ...~..~ ....................... doy o~ ....... .~ucJl~ ......................... ~. 19 77 Gail A. Kozerski ~ Notary Public, State of New York ~ No. 52-4648134-Suffolk County .- Cccm~ ssion, em~pires. ~arch..30 ,..19~9 ........... Notary Public APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2.5 =:OUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 April 27, 1987 Mr. Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall Southold, NY 11971 Re: 280-A Status - Appeal No. 2325 (Philip J. Ofrias, Jr.) Right-of-Way Located off the East Side of Laurel Ave, Southold Dear Ben: In response to your recent inquiry concerning the 280-A Conditional Approval rendered in the above matter, please be advised that it was the consensus of the Board Members at our April 23, 1987 Regular Meeting that the right-of-way was accepted on January 18, 1980 for one house lot. This right-of-way, therefore, has not received approval for any other newly proposed house lots and Z.B.A. jurisdic- tion would appear to encompass the area joining the east end of Long Creek Drive and lands now or formerly of Ofrias a length of lO00± feet). New York Town Law, Section 280-a does not allow the ssuance of any permits for the erection of building(s) without ~ppropriate 280-a approval and improvement of such right-of-way, and a new application will therefore be necessary for any additional house lots. lk cc: Building Department Yours very t,ruly,, GERARD P. GOEH~INGER CHAIRHAN Southold, N.Y. 11971 (516) 765-1938 D LD April 2, 1987 Mr. Gerry Goehringer Chairman Board of Appeals Town Hall Southold, NY 11971 RE: Philip Ofrias Proposed Subdivision located at Southold Dear Mr. Goehringer: Enclosed please find a copy of a minor subdivision map which has conditional approval from the Planning Board. We understand that access and right-of-way approval was granted by your Board to service one house lot. Would you please review this and advise us if your access approval will need to be updated for the proposed subdivision of three lots. Thank you for your assistance in this matter. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary Southold Town Board of Appeals SOUTHOLD, L. I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR. # Chairman SERGE DOYEN, JR. TERRY TUTHILL ROBERT J. DOUGLASS January 18, 1980 So~thold Town Building Department Town Hall Main Road Southold, NY 11971 Re: Appeal No. 2325 - Philip J. Ofrias, Jr. Approval of Access Granted April 13, 1978 Dear Sirs: The subject right-of-way has recently been inspected and we have found it to be suitable for access, subject of course to the provisions of the right-of-way agreement between Ofrias, Wilsberg, Lang, and Chumsky recorded at Liber 8541 page 192. Also, regarding Conditions (2) and (3) of the Decision dated May 4, 1978, the Town Attorney has advised that he has reviewed and approved the agreement in question. Sincerely yours, CHARLES G~IGON~, JR. ~ Chairman ~ By: Linda F. Kowalski Secretary ROBERT W. TASKER Town Attorney D TELEPHONE (516) 47%1400 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 January 17, 1980 Mrs. Linda Kowalski, Secretary Board of Appeals Town Hall Southold, New York 11971 Dear Linda: Re: Philip J. Ofrias, Jr. Approval of Access I have reviewed the Board of Appeals minutes of April 13, 1978. At Page 19 of the minutes the Board of Appeals approved this ac- cess subject to the three enumerated conditions set forth in the minutes. The second and third conditions have to do with the ap- plicant submitting suitable legal documents and the documents be- ing approved by the Town Attorney. You have sent me a copy of the agreement between all of the property owners which was recorded in the Suffolk County Clerk's Office in Liber 8541 of Deeds at Page 192. I recall that some time ago I in fact did examine the agreement and approved the same. In any event, this letter will serve as my approval of the agreement in question. Accordingly, the only othe~ remalmng item is the inspection of the right of way by the Board of Appeals (Condition 1). RWT:fae Yours very truly, ROB3~2RT W. TASKER Town Attorney SoUthold Town Board of Appeals SOUTHOLD, L. I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR. t Chairman SERGE DOYEN, JR. TERRY TUTHILL ROBERT J. DOUGLASS January 15, 1980 Robert W. Tasker, Esq. 425 Main Street Greenport, NY 11944 Re: Appeal No. 2325 - Approval of Access Philip J. Ofrias, Jr. Dear Mr. Tasker: Mr. Horton, Building Inspector, has asked whether all the conditions have been met regarding the above approval of access that was granted April 13, 1978 in order that a Certificate of Occupancy could be issued. Enclosed are a copy of the minutes listing the conditions and a copy of the right-of-way agreement between the owners of the rights-of-way for your review and comments. Enclosures Sincerely yours, Mrs. L.F. Kowalski Secretary AGREEMENT made the /~'-aay of April, 1978, between pFTT.TP J. OFRIAS, JR., and SHARYN C~RIAS, beth residing at (no number) Bayview Road, Southold, New York (hereinafter jointly referred to "OFRIAS"); BOBERT LANG, JR., residing at (no nt~oer) Private Road, Southold, New York (hereinafter referred to "LANG") amd E~NEST E. WILSBERG, residing at (no number)Olejule Lane, Mattituck; New York, IiAROLD W. WTT~qBERG, residing at (no ntluber) Kraus Boad, Mattituck, New York and ALVIN CHI~4SKY, residing at 764 I~perial ~ri~, m~ldwin, New York (hereinafter collectively referred to as "W-II,BERG") . WHEREAS OFRIAS is the owner of certain land in the Town of Southold, Suffolk County, New York adjoining the land of LANG as accp~red by deed frola dated January 23, 1976, and recor~in the Suffolk B. County Clerk's Office on January 29, 1976, in Liber 7981 page 21, and WHEREAS LANG is the owner of certain land in the Town of Southold, Suffolk County, New York adjoining the land of OFRIAS and the land of which land was devised to him under the Last Will and Testament of ~2~B~RT LANG who died a resident of Suffolk County on March 13,1958 (Suffolk County Surrogate's File No. 279-P-1958), and is bounded on the North by land of OFRIAS and Ars~que Creek, on the East side by lands now or formerly of HA~q and K~.LY, on the South by Long Island .Railroad amz~ on the We~c by lanc]~ of WILSBERG, and - %~{EREAS WILSBERG is the owner of certain land in the Town of Southold, Suffolk County, New York as acquired by deed from STANLEY POLIWODA, JO~EP~ W. POLI%DDA and ALEC POLI~DDA, dated Deceaber 21, 1972, ~recorded in SuffOlk County Clerkis office on ,January 10, 1973, in Liber 7321 page 196, which land is bounded on the North by Arshamomaque Creek, on the East by land of LANG, on the South by Long Island Railroad, and on the West by Laurel WHEREAS the land of WILSBERG is burdened by an easement or right of way for the use and benefit of LANG and OFRIAS as a means of access between their lands end Laurel Avenue, and WHEREAS the land of LANG is burdened by an easement or right of ~¥ f~u the use and benefit of OFRIAS as a means of access between his land and Laurel Avenue, WHEREAS the parties hereto, for their mutual benefit are desixoua relocating said easement or right of way and any other easement or right of way which burdens the lands of LANG and/or WIT.qBERG. in consideration of the of One Dollar ($1.00) NOW, paid by each of the parties hereto to each other, and the mutual promises of the parties to each other, receiut of which is hereby acknowledge~], the said parties for themselves, -their beirs, executors, administrators, and assigns, covenants and agree as follows: (1) The parties mutually consent that all the easements and rights of way that do or may exist be relocated and shall henceforth be over an~ through the land of W-rLqBERG for the benefit of the land of LANG, and over and through the land of WILSBERG and the land of LANG for the benefit of the land of OFRIAS as shown as "Long Creek Drive" and "(Private Road)" on the annexed survey entitled "Map of Right of Way to land of PHILIP OFRLAS at Southold, N.Y.", dated December 16, 1977 which right of way is more -2- bounded and described as follows: Beginning at a point on the easterly line of Laurel Avenue 182.83 feet southerly along said line from ordinary high water mark of Arsh~,~que Pond; running thence along land of W~T.qBERG & CH%~4SKY, six courses: (1) · a distance (2) (3) a distance (4) (5) a distance Southeasterly on a curve to the left having a radius of 25 feet, of 39.28 feet; thence North 75° 38' 50" East 401,89 feet; thence Northeasterly on a curve to the left having a radius of 25 feet, of 36.65 feet; thence North 8° 21' 10" West 165.80 feet; thence Northeasterly on a curve to the right having a radius of 110 feet, of 151.67 feet; thence (6) North 70° 38' 50" East 563.04 feet to land of Lang; thence al~E~g said land of Lang, five courses: (1) Easterly on a curve to the right having a radius of 100 feat, a distance of 119.19 feet; thence (2) Easterly on a curve to the left having a radius of 50 feet, a distance of 44.45 feet; thence (3) North 88o 00' 30" East 483.09 feet; thence (4) Northeasterly on a curve to the left having a radius of 20 feet, a distance of 31.42 feet; thence (5) North 1° 59' 30" West 330.0 feet to land of Ofrias; thence along said land of Ofrias, North 88° 00' 30" East 50.0 feet to other land of Lang; thence along said other land of Lang, six courses: (1) South 1° 59' 30" East 330.0 feet; thence (2) Southwesterly on a curve to the right having a radius of 70 feat, a distance of 109.96 feet; thence (3) South 88° 00' 30" West 483.09 feet; thence (4) thence westerly on a curve to the right having a radius of 100 feet, a distance of 88.89 feet; thence (5) Westerly on a curve to the left having a radius of 50 feet, a distance of 59.60 feet; thence (6) South 70° 38' 50" West 4.37 feet to other land of Wilsberg & Ch%~asky; thence along said other land of Wilsberg & Chuasky, 6 courses: (1) South 70° 38' 50" West 558.67 feet; thence (2) Southwesterly on a curve to the left having a radius of 60 feet, a distance of 82.73 feet; thence (3) South 8° 21' 10" East 228.93 feet; thence (4) south 70° 38' 50" West 50.19 feet; thence (5) South 75° 38' 50" West 419.93 feet; thence (6) Southwesterly on a curve to the left, having a radius o~ 25 feet, a distance of 39.26 feet to the easterly line of Laurel Aven~e; thence ~ said easterly line, North 14° 19' 20" West 100.0 feat to the point of begi~ing. (2) Any and all other rights of way or easements which may exist over said lands of LANG and WILSBERG shall merge with the relocated right of way (3) The expenses of construction and maintenance of that portion of the relocated right of way over and through the land of WILSBERG shall be borne by WILSBERG %mtil the roadbed in which the relocated right of way l~es I is dedicated to the Town of Southold. (4) W-u.qBERG hereby grants unto LANG and OFR/AS: and LANG hereby grants unto OFR/AS, the right to ingress and egress over said relocated right of way to and from Laurel Avenue together with the right to inse~ 1%~e and maintain underground utilities including but not limited to ~ater, electric, gas, sewer, telephone, cablevision and for all other legal purposes. Ail utility installation shall be done by the utility company or shall be approved by the respective utility cc~panies both as to location and ~=~ign. (5) OFRIAS and LANG hereby grant to WILSBERG the right to dediGate the approved subdivision road in which said right of way lies over said of WILgBERG to the Town of Southold for higf~ay purposes without further consent frc~a OFRIASOr LANG, their heirs, executors, administrators, successo~ and assigns. (6) The provisions of this Agreement shall be binding on and shall inure to the benefit of the parties hereto, their heirs, e~ecutors, administ- rators, successors and assigns. (7) In the event that OFR/_AS should apply to the Town of Southold for a subdivision of his property and the Town should impose road constructic~ specifications for the roads within the subdivision and on the property of 0FI~IAS, such construction specifications shall be deemed to be also imposed upon that portion of the above described right of way located upon the land of LANG and the cost of said road construction or improvement shall be berne IN WITNESS WHEREOF, the parties have hereumto executed this Agre~m~w~t the ymmr and day first above written. HABOLD W. WILSBEBG STATE OF NEW YORK: ODUNTY OF SUFFOLK: On this ~ day of ~, 1978, before me personally came E~EST E. W~LqBERG, to me known and known to me to be one of the individuals crihed in and who executed the foregoing instrzm~nt, and he duly acknow~ to me that he executed the same. ~ NOTARY PUBLIC, State o' ;;, No. 52'4665418, Sufto.k ~.u'. , ~rn,~, ~n Expires/v93rch 30, {~.~..~ STATE OF NEW YORK: COUNTY OF S%~FOLK: On this [~- day of , 1978, before me personally came HABOLD W. WIT.qBEBG, to me known and known to me to be one of the individuals des- cribed in and who executed the foregoing instr~r~nts, and he duly acknowle~g~ to me that he executed the s~ne. ~ JANE FLATLEY NOTARY PUBLIC, Stc:~'e of New No. 52-46654~ 8, Suffolk ~mi.,on Ex.;re, March 30. I~.I~,F' STATE OF ~ ¥O1~: On this /f ~ day of ~, 1978, before me personally came ALVIN C~N_~KY, to me known and known to me to be one of the individuals described in and who executed the foregoing instruments, and he duly acknowledged to me that he executed the same. JANE FLATLEY IqOTARY PUBLIC, State of ~ York No. 52-4665~, 18, Suffolk C~unt%,__ STATE OF N~q YORK: COUNTY OF SUFFOLK: On this ~ day o~x~, 1978, before me personally c~e LANG, JR., to me known and knowu% to me to he one of ~ndividuals described in and who executed the foregoing insets, ~e du~y acknowledged to me that he executed the same. '/- /~ /~//~ ). 0t~0~1 ./ STJ~I OF ~ YO~: (/N3NTY OF SUFFOLK: On this A~ day of April, 1978, before me personally came PHTT.TP J. CFPJAS, JR., to me known and known to be to be one of th~ individuals des~rib ed in and who executed the foregoing instr~zents, and he duly acknowl~ to me that he executed the same. CAll. A. I(0ZEI1SKI HOI,',;~Y I~BI. IC, R*te of Hew Yont No 52.4~11134, Suffolk County Commi~ioll Expires March 30, 1~/ --6- STATE OF NSW YORK: O3UNTY OF SUFFOLK: On this /~ day of April, 1978, before me personally came SHARON OFRIAS, to me known and known to me to be one of the individ,~q$ described in and who ~xec~ted the foregoing instrument,and she duly acknowledged ~o me that she executed the same. OAIL A. KOZEI~KI NOTAITy PUBLIC, St'ate of 'New No. 52.46451~4, Suffolk County~ ~l~tml~sion Expires March 30, ARY 'PUBLIC' STATE OF NEW YORK SS.: COUNTY OF SUFFOLK On this 14th day of Augusti978, before me personally came STANLEY POLIWODA to.me known and kn~gn to me to be one of the individuals descrzbed in and whp/executed the foregoing instrument, and he acknowledged to~~~~/. ~. - -- - Notary Public 'WILLI'A M WIcKHAM NOTARY PU 8LIC. STATE OF NEW No, 52-~. 59000 STATE OF N~ YO~ ~,,~m,,~ ~.~ s~,~ T~rm g~plres M~ch 30, 197~ SS.: COU~Y OF S~FOLK On this 14th day of August1978, before me personally came JOSEPH W. POLIWODA to me known and know~ to me to be. one. of the individuals described in and who execuJz~d the foregoing instru- ment, and hea~kn ow lodged to me tha~~~/~/~. Notary Public ~ T ~ R~ ?U BLI O, STATE OF NEW YOB{ STATE OF NEW YORK SS.: COUNTY OF SUFFOLK On this 14th day of August1978, before me personally came ALEC POLIWODA to me known and known to.m~.to be on~ of.the in- dividuals described in and who execute~/t~e fo~§o~ng instrument, and he acknowledged to me that he Notary lWeblic STATE OF NEW YORK SS.: COUNTY OF SUFFOLK On this ~ day ofW-~, 1978, before me personally came MIRIAM B. GOLDSMITH to me known and known to me to be one of the individuals described in and who executed the foregoing instrument, and she acknowledged to me NOEARY PUBLIC, S~ate of New Iq5 52-4548134, S,Jffotk Coun~ ~m~siefl Expires March ~, 1~ that she executed th9 same. o~ry Public The undersigned, as mortgagees, and subordinate to 12th day of April, do hereby consent the agreement annexed hereto dated the 1978, between and among PHILIP J. OFRIAS, JR., and SHARYN OFRIAS, his wife, ROBERT LANG, 3R., and ERNEST E. WILSBERG, HAROLD W. Dated: August 14 , 1978 WILSBERG and ALVIN CHUMSKY. ~Alec Poliwoda Miriam By Goldsmith f~l,4 Y © O Southold Town Board of Appeals -13- April 13, 1978 PUBLIC HEARING: Appeal No. 2325 -. 9:15 P.M. (E.S.T.) Recessed hearing upon application of Philip J. Ofrias, Jr., Bayview Road, Southold, New York for a variance in accordance with the Town Law, Section 280A for approval of access. Loca- tion of property: Right-of-way, east side Laurel Avenue, Southold, New York, bounded on the north by Mill Creek; east and south by R. Lang, Jr.; west by Mill Creek. 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 disapproval from the Building Inspector. The Chairman also.read the April 4, 1977, minutes of the Planning Board regarding this application. PHILIP OFRIAS: Those minutes you have there from the Planning Board on April 4th,. I think that probably involves Wilsberg's appli- cation, hot Ofrias'. This application first came on, I would say, probably the first week in September, 1977. I was in the hospital at that time so it was opened and adjourned. THE CHAIRMAN: It seems to be in this record here. RICHARD CRON, ESQ.: Wilsberg has no application pending, it has to pertain to this particular application. THE CHAIRMAN: We're just trying to clarify what this means. PHILIP OFRIAS: Do you have the map, the survey of the right- of-way before you? THE CHAIRMAN: Yes. PHILIP OFRIAS: Where the right-of-way comes off of Laurel Avenue on the left side of the map there and comes up across that proposed subdivision, that is Wilsberg's land. This right-of-way there, Long Creek Drive, labeled Long Creek Drive on the survey, is what will be dedicated to the Town as a Town road for Wilsberg subdivision. The minutes you were just referring to df April, 1977, sounds as though it has to do with Wilsberg application at that time, would that be right, Mr. Cron? RICHARD CRON, ESQ.: I don't think we have an application pending. PHILIP OFRIAS: No, I'm saying at that time, April 1977. THE CHAIRMAN: In other words, it's irrevelant to this application except that it shows ... PHILIP OFRIAS: I think the way it got involved is because this right-of-way we now propose to relocate this right-of-way over what will be the bed of that Town road in the subdivision. Southold Town Board of Appeals -14- April 13, 1978 THE CHAIRMAN: In the new subdivision. PHILIP OFRIAS: Let me clarify it a little This is the map of, this is our property. This land where it comes in from Laurel Avenue. further here. is Wilsberg's (Mr. Ofrias and the Board discussed the map of the property, the location of the present right-of-way, and the proposed Town road.) ~,We will relocate the physical right-Of-way here to the bed of what will be this road. We will relocate it now, eventually when the road is dedicated the right-of-way will merge into the public road. THE CHAIRMAN: .This proposed Long Drive, as it's called, actually intersects with the old right-of-way? PHILIP OFRIAS: That's right. RICHARD CRON, ESQ.: At the point of entry into the Lang land. PHILIP OFRIAS: It crosses from Lang to Wilsberg, the crossing point is the same as it presently exists today. , DOMINIC AURICHIO, ESQ.: Then it continues over the land of Lang over to Ofrias and it has to be in conformity with all of the regulations and requirements of the Town. RICHARD CRON, ESQ.: I would think that the Dpplication pending ought to be mute at this time, not mute but academic. If we're going to, as we expect to, execute an agreement of right-of-way between all of the parties, the application that's before this Board deals with a right-of-way over an area that is other than that that you have on that map. PHILIP OFRIAS: The application before the Board right now is not for the right-of-way as it presently exists. RICHARD. CRON, ESQ.: It's for recognition of access over some other area. PHILIP OFRIAS: Right, as shown on this December, 1977, survey. DOMINIC AURICHIO, ESQ.: Since that application was made, the parties ... THE CHAIRMAN: This one here? DOMINIC AURICHIO: The application you're referring to, not that which is before you at this moment. Since that application Southold Town Board of Appeals -15- April 13, 1978 had been filed, Mr. Ofrias was in the hospital, we had to adjourn. The parties got together .and they've come to an agreement that ... THE CHAIRMAN: Who are you representing? DOMINIC AURICHIO, ESQ.: Bob Lang. This is what the parties have agreed to, this survey. Anything prior to it, any other existing right-of-ways, there was one. existing since 1908 which is not the one that runs along ... THE CHAIRMAN: M~. Cron, is that right with you, is this what you've agreed to? ~ RICHARD CRON, ESQ.: This is what is to be agreed to in terms of an agreement that's to lay out a right-of-way in the bed of that road and extinquish any other right-of-ways that may previously have existed. THE CHAIRMAN: Extinquish any other. I don't think that's our job here. RICHARD CRON, ESQ.: I would point out, I think the application you have before you is a unique application in terms of this Board. It's unique in the sense that most recognition of access applications would deal with the applicant's land rather than with the land of somebody else, you're dealing with land of two other parties here. THE CHAIP~MAN: We have once or twice gotten in a situation where ... RICHARD CRON, ESQ.: I don't think you can make that determination. THE CHAIRMAN: We cannot make a determination of right-of-way over somebody else's land. I think that you people have to present us with a fait-accompli. PHILIP OFRIAS: Basically, what we have, this survey which we have here of December 16, 1977, that is the result of our negotiations and walking out in the field, whatever, that's what we've agreed upon. That's what is before you as it shows on this survey here. RICHARD CRON, ESQ.: What I say to you, Mr. Ofrias, I don't see how you can pursue your application at this time when it differs from what we're going to agree to. PHILIP OFRIAS: The location in the application is not defined yet. We could just say that this is it, not what it has been in the past. We're all here so we can do it. THE CHAIRMAN: I think the only people who understand this thoroughly are you three. Southold Town Board of Appeals -16- April 13, 1978 RICHARD CRON, ESQ.: I would like to suggest, I think the agreement has to be executed by all parties and become a fact.. Then if you Wish to pursue a recognition of access situation, then of course you're free to do so. In other words, I don't think this Board can act without a definitive area of right-of- way which they have to grant recognition of access. I think there's a degree of controvery as to where the right-of-way is. JAMES MAIMONE: What has taken so long between three people, what's taken so long to come to some agreement that this is what we want, let's go before the Board, and everybody agrees. PHILIP OFRIAS: It's my understanding that this is it and this is what we've agreed on. RICHARD CRON, ESQ.: Yes, it is. THE CHAIRMAN: I think that we can approve this access subject to you people providing us with an agreed upon survey covering the rights of Lang and Wilsberg. PHILIP OFRIAS: I think that's a good proposal because that does not require that we then come back again. DOMINIC AURICHIO: There is an agreement all drawn up, there is a survey to which the agreement, the survey is a part of it. There are two other parties that have to be to the agreement, those are the mortgagees so that we'll have no clout. The three parties here are in conformity. We have to follow those steps and then, and it also has to, for your approval, meet the Town requirements and all of those things are provided for. THE CHAIRMAN: The only thing that we will specify is that this road be improved to a distance of 15' and that the topsoil be removed to a depth of at least 6" and bank run placed and saarified into where you removed the topsoil, and that this be done more or less in the center of the proposed 50' road. In order to assure that emergency vehicles can reach the property if you have a fire or emergency. This is not easy and it's going to be expeDsive. RICHARD CRON, ESQ.: Wilsberg is going to undertake, as a part of the subdivision development, to put in a Town road pursuant to Town specificationsl Up until the point they do that, Wilsberg is not going to lay out a 15' road in there for access. We're going to put in a Town road, we're not going to the double expense of putting in a 15' right-ofZway in the bed of that road. THE CHAIRMAN: How do you plan to get around that problem then, Mr. Ofrias? PHILIP OFRIAS: Timewise, I will be following them, I'm sure. Southold Town Board of Appeals -17- April 13, 1978 RICHARD CRON, ESQ.: He won't have to do anything if he doesn't immediately seek his recognition of access, if we had to time with which to put in the Town-specified road there's no problem. He'll have a road which meets recognition of access in all respects. THE CHAIRMAN: I'm just suggesting what our minimum is, absolute minimum is based on our experience. RICHARD CRON, ESQ.: Mr. Ofrias wants the absolute minimum, if he goes before we get started he will have to do that himself. DOMINIC AURICHIO: As the situation stands now, Mr. Gillispie, Mr; Ofrias has access of necessity over a path that takes him to Great Island. It's not the one that had been designated in the original survey of 1908. He will still continue to use that until he gets to his point and then he follows from that point on. Any- thing he does after, if he wants to do anything further, he has to comform with whatever your requirements are. THE CHAIRMAN: I don't think that concerns us except that the Building Inspector can't issue a building permit until you ... DOMINIC AURICHIO: That's not my progidence. CHARLES GRIGONIS, JR: Actually, road in all he'll need access for is land. once Wilsberg puts their from the beginning of Lang THE CHAIRMAN: You're in no rush to get started anyway, is that correct, Mr. Ofrias? PHILIP OFRIAS: Not unless I sell my house tomorrow. THE CHAIRMAN: You're in the flood plain, aren't you? PHILIP OFRIAS: The flood plain they're talking about, the highest point we have there is 9.8' and they're talking about a 10' elevation. THE CHAIRMAN: 8' was suggested by the government. DOMINIC AURICHIO, ESQ.: You're appealing that, aren't you? THE CHAIR~N: Wickham is making an effort in that direction but I don't think there's much chance. They just don't hear you. PHILIP OFRIAS: That's right, if they put it at 8' all of Greenport goes with it. We would not be building above 8', part of the house would be, but the problem there would be, I think, with financing of mortgage money. Southold Town Board of Appeals April 13, 1978 RICHARD CRON, ESQ.: You raise your elevation to meet the flood plain level, that's all. You wouldn't have that much to raise anyway. THE CHAIRMAN: What do you want us to approve here, Mr. Ofrias? PHILIP OFRIAS: I would like the approval as shown on the map of December 16, 1977. DOMINIC AURICHIO, ESQ.: There's been no denial on that, anything that is here is new, this is a first instance, So if within your Jurisdiction ... it's PHILIP OFRIAS: It saves us from coming back again. RICHARD CRON, ESQ.: It's subject to execution of the agree- ment by all parties. THE CHAIRMAN: How do we define the right-of-way that we're talking about from the end of this map to the point where ... or does this reach your land? PHILIP OFRIAS: It reaches the land. THE CHAIRMAN: So this takes you to your own acreage. PHILIP OFRIAS: This takes us to our property line. I would like to come back again possibly as to the 15' and what you want done with it, bankrun, depending upon what I'm doing at the time. DOMINIC AURICHIO, ESQ.: At the time,.yes, you can come back then. RICHARD CRON, ESQ.: I think you'll have to see the Building Inspector. JAMES MAIMONE: Can you find that 18 acres? We couldn't, we were riding on this Tuesday, that's rough. THE CHAIRMAN: We shall refer approval of these to the Building Inspector. We used to always refer the approval of these to the Building Inspector but I learned from Town Counsel yesterday that's incorrect, the Board of Appeals has to approve them. So we're taking more interest in it because I thought it was really a matter for the Building Inspector. That's why I mentioned that number. DOMINIC AURICHIO, ESQ.: What's happening here is simply that we're changing the location of the right-of-way. Dick's clients have amap all prepared and they haven't filed it yet and then'it's going to continue over an established road on that map and continue over the land of Lang to the land of Ofrias. That will be in place instead of any other previously existing right-of-ways over each parcel of land to the land of Ofrias. Southold Town Board of Appeals -19- April 13, 1978 RICHARD CRON, ESQ.: That's it in a nutshell. THE CHAIRMAN: Does anyone wish to speak against this application? (There was no response.) After investigation and inspection, the Board finds that the applicant requests approval of access, east side Laurel Avenue, Southold, New York. The findings of the Board are that the proposed right-of-way has been agreed to by all parties concerned. The Board finds that stri6t 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, seconded by Mr. Grigonis, it was RESOLVED, Philip J. Ofrias, Jr., Bayview Road, Southold, New York, be GRANTED approval of access over a right-of-way extending from Laurel Avenue to the land of Ofrias, the right-of-way to be contained in the bed of the proposed "Long Creek Drive" as shown on the survey of December 16, 1977, by Van Tuyl, subject to the following conditions: 1. The right-of-way shall be inspected by the Board of Appeals. Town Counsel will review all documents to make a determination of legality. 3. This action is subject to the execution of suitable legal documents signed by all parties concerned. Vote of the Board: Ayes: - Messrs: Gillispie, Grigonis, Doyen, Maimone. On the motion by Mr. Grigonis, seconded by Mr. Doyen, it was RESOLVED that the Southold Town Board of Appeals approve minutes dated March 31, 1978. Vote of the Board: Ayes: - Messrs: Gillespie, Grigonis, Doyen, and Maimone. On motion by Mr. Maimone, seconded by Mr. Gillispie, it was © O Suffolk County Department of Planning H. Lee Dennison Executive Office Building Veterans Memorial Highway Hauppauge, New York 11787 Town of Southold Board of Appeals September 8, 1977 Petitioner: Philip J. Ofrias, Jr. Mun. File No.: 2325 Gentlemen: Please be advised that pursuant to Sections 1323 to 1332 of the Suffolk County Charter, the above captioned application is not within the jurisdiction of the Suffolk County Planning Co~mission. Very truly yours, Lee E. Koppelman Director of Planning GGN:fp ~;ara~H G. ~e~man Chief Planner O O TOWN CLERK 765-3783 Build;ng Dept. 1 Planning Bd. 765-2660 Board o~ Appeals Town Of Southold TOWN CLERK'S OFFICE Main Road So~hold, N. Y. 11971 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, the , ..B~o.ard..of..Appe&ls .......... of the town of Southold, N. Y. hereby refers the following (agency invoJvedJ proposed zonbg action to the Suffolk County Plannbg Commission: (check one) New end recodified zoning ordinance .......... Amendment to the zoning ordinance ............ Zoning changes .......... Specbl permits Philip J. Ofrias, Jr. Maib Bayview Road Southold, NY 11971 --.X ...... Variances Ri hr-of-way, east side Laurel Avenue, Southold. Location of affected land: ......... g. ............................................................................................................ within 500 feet of: [check one or more/ ............ Town or village boundary llne ............ State or cou,nty road, parkway or expressway ............ State or county ,p~rk or recreation area ............ Stream, or drainage channel owned by the county or for which the county has established channel lines ............ Stere or county owned parcel on which a public building is situated X Shoreline - Comments: This hearing was recessed indefinitely until Mr. Ofrias and adjoining property owners could agree on the location of the right-of-way. Date: August...29,..1977 ...... (signed) Rober~ W. Gillispie, Jr.. Chairman Tide Date received by Suffolk County Planning Commission .......................................................... File No ............................. 516 734-5100 August 25, 1977 Zoning Board of Appeals Town of Southold Southold, New York 11971 Re: Application of Philip J. Ofrias for Recognition of Access over Lands of Wilsberg and Lang, Southold, New York Dear Sirs: We are the attorneys for Ernest E. Wilsberg and others, owners of a tract of land fronting on Laurel Avenue, Southold, New York. We are informed that the applicant, Philip J. Ofrias, is seeking recognition of access pursuant to Section 280A of the Town Law over both the lands of my clients, Wilsberg and others, and those of Lang which border thereon. The attorneys for all parties have been in communication with each other relative to establishing an agreed upon right-of-way over the lands of Lang and Wilsberg. At the present date, there is no substantial agreement as to where the right-of-way should be located and the access selected by the applicant, Philip J. Ofrias, is not that established by any deed or instruments of record. In the absence of agreement by all parties, the under- signed in behalf of his clients, Wilsberg and others, enters objection to the right-of-way selected by the applicant, Philip J. Ofrias, over the lands of Wilsberg. In the light of the foregoing, we must respectfully request that the application at this time either be denied or adjourned to a later date pending the approval by all parties of a select- ed access over the Lang and Wilsberg properties. Zoning Board of Appeals Town of Southold 516 734-5100 August 25~ 1977 Page Two R c/j f We would point out that any right-of-way that exists in favor of the applicant, Philip J. Ofrias, is one of a general nature over both the lands of Lang and Wilsberg and cannot be defined by any instruments of record. In the light of objection, the application should be denied until access can be fully and duly agreed upon. ~pectfully submitted, ~OHN WICKHAM. C~afr~a~ FRANK S. COYLE HENRY E.. RAYNOR..Ir. FREDERICK E. GORDON ~AMES WALL $outhold, N.Y. 11971 MINUTES April 4, 1977 TELEPHONE 765-1313 .A regular meeting o£ the Southold Town Planning Board was held at 7.30 p.m. on April 4, 1977 at the Town Clerk's Office, Main Road, Southold, New York. Present were: John Wickham, Chairman Henry E. Raynor, Jr., Vice-Chairman Frank S. Coyle Frederick E. Gordon Also, present were: Stephen Katz - L. I. Traveler - Watchman Peter Campbell - Suffolk Times Millicent Gossner - League of Women Voters Corwin Grathwohl - Southold Businessmen's Assn. 7:30 p.m. Public Hearing on the final map of the subdivision known as "Long Pond Estates, Section I", located on Laurel Avenue, Southold. Present at this hearing were Mr. aud Mrs. William Price, Ernest Wilsberg, Richard Cron, Esq. Henry Raynor read the Notice of Hearing and presented proofs of publication from the L. I. Traveler - Watchman and the Suffolk Times. There was one. distance missing. Mr. Wickham: Apparently, there are a couple of errors. On the last course, there is no distance on the map and backing up five or six, the first course following 999 there is no course or distance. At least, if there are, I can't see them. The checklist is in order. I have the approval of the Highway Department, a letter from the County and a memorandum from our engineer. Everything seems to be in order. At this time, I will open the hearing for anyone that wishes to be heard in opposition to this subdivision, "Long Pond Estates, Section I" on Laurel Avenue in Southold. I would say that this has been before the Planning Board since it was first submitted in 1975. Hearing no one that wishes to be heard in opposition, I will hear from anyone that wishes to speak in favor. Richard Cron, Es~. I am the attorney and ~ support of the application. As you have indicated, this map has been before the Board on a great number of occasions over a considerable period of time. We believe at this time that the map complies with all the subdivision regulations ~nd think it will comply with any of the County Planning requirements. We would request a resolution granting approval to this application. Mr. Wickham: Is there anyone else that wishes to be heard in favor of it? Hearingnone, I will declare the hearing closed and say that the requirements of the County will have to be met as outlined. The bond will have to be posted for improvements made, as the case may be. The final action of this board will be contingent on filling those requirements. Mr. Raynor: Have you resolved the problem of the rights-of-way? Will you have a problem? Mr. Cron: They will have more than adequate access. Mr. Wickham: Is there one at the north end and the south end? Mr. Cron: I don't think so. There are so many'markings on the map that-I don't know what they all are. Mr. Wickham: It came to my attention just two days ago that the property to the east has a right-of-way over this. Mr. Cron: This was originally for Goldsmith. I don't have any problem with the present owners and I will deal with Mr. Lang's attorney. The only ones that need acce~esent owners of the .Goldsmith property and we won't have any problem with them. Mr. Wickham: Is there anyone else that wishes to be heard? Hearing none, I will declare the hearing closed. Greenbriar Acres.. _Mr. Cron.asked if the letter from Mr. Tuthill has been received as to the matching of the.roads in this subdivision to those in Tut's Acres. Mr. Tuthill is bringing the letter in later this evening. Centennial Manor (Luglio). Mr. Cron discussed the revised maps of this subdivision showing the roads revised and the recharge basin squared off. This will be referred to the Town Engineer for his recommendations and comments. Cutchogue Joint Ventures. Mr. Cron presented sketch maps of this proposed subdivision in Cutchogue. 0 O JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 To: From: Re: to: JTT/bn cc:file August 8, 1977 $outhold Town Zonin~ Board of Appeals Judith T. Terry, Town Clerk Application of Philip J. Ofrias for a variance-Appeal No. 2325 I have on file in my office notification by certified mail Robert Lang, Jr., 375 Sunrise Highway, Lynbrook, N.Y. 11563 Town Clerk BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of PHILIP J. OFRIAS, JR. to the Board of Appeals of the Town of Southold TO: Robert Lang, Jr. 375 Sunrise Highway Lynbrook, New York 11563 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 aa~~l~~he following relief: approval o£ access pursuant to Town Law 280-a (3) 2. That the property which is ~the %ubje~ct.of t_he Petitio~n is !ocate_d ad. jacent to your~prqger[y and is des- cribed as follows: Hasharccmuck Ts,anc~ r/]~/a ~reat zs,anc~ at. arsBamomaque, ~outno-c~, New York 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: approval of access and building permit $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you 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 r]~gOhV~ntoOfa~;e'at~:lnddabned hdea~(~naattsLdcfhO~r~nPgU, blication of~-~/~suC~°r your representative have the Dated:August 4., 1977 . ~/~/ //~' _ . Petitioner ~ILIP J. Post Office Address 737 Roanoke Avenue, Box 462 ~iverhead, New York 11901 NAME PROOF OF MAILING OF NOTICE ADDRESS Bobert Lang, Jr. 375 Sunrise Highway Lynbrook, New York 11563 RECEIPT FOR CERTIFIED MAIL--30¢ (plus postage) SENT TO Robert Lan9, Jr. STREET AND NO. 375 Sunrise Highway ~.0. STAT[ AN0 ZIP CODE Lyz:brook, Ne~ York 11563 OPTIONAL SERVICES FOR ADDITIONAL FEES RETURN ~.~ T, Shows to whom and date delivered .... -i~? With restricted delivery 65¢ RECEIPT 2. Shows to whom, date and where delivered 35¢ SERVICES With restricted delivery 85¢ ~TRICTED DELIVERY 50¢ SPEC]AL DELWERY (extra fee required) ~ PS Form Aug. 19753800 NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See other side) STATE OF NEW YORK) COUNTY OFSUFFOLK) SS.: Gall Kozers]c~. , residing at Shar~ ~L'~c~c~_ T~tq~ .z~r~e_.boc~er Ne~ York , being duly sworn, deposes and says that on the 4 day of August ,19 77 ~, deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names Qf 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 Rive~head, New York ; that said Notices were mailed to each of said persons by (certified) ~ mail. Sworn to bef~his 4Ch 77  Notary Public ~ ~y ~C, State o{ New ~ ]:ho A (c) 44, ~.$? t 100' = I" MAp OF M'I ~VEY GObDSMITH O'r'T/b