HomeMy WebLinkAbout2478
TOW~ OF SOUTHOLD, NEW YORK
ACTION OF THE ZONING BOAI~D OF APPEALS
Appeal No. · 2478 Dated September 21, 1978
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To Russell Tabor & Sons
Main Road
Orient, New York 11957
DATE..~.t...~.! 1978
Appellant
at a meeting of the Zoning Board of Appeals on OCtober 19, 19 7 8
was considered and the action indicated below was taken on your
(X) Request for variance due to lack of access to property
( ) Request for a special exception under the Zoning Ordinance
( X) Request for a variance to the Zoning Ordinance
( )
the appeal
1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be
granted ( ) be denied pursuant to Article .................... SecU~on .................... Subsection .................... paragraph
.................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be
confirmed becanse 7:50 P.M. (D.S.T.) Upon application of Russell Tabor and
Sons, Main Road, Orient, New York, for a variance in accordance with
the Zoning Ordinance, Article III, Section 100-31 and Bulk Area
Schedule to divide property with insufficient area and front and
rear setbacks and for a variance in accordance with Town Law, Section
280A for approval of access. Location of property: Main Road, Orient,
New Tork, bounded on the north by Main Road and Tabor; east by Tabor
and Schriever; south by Tabor and Schriever; west by Village Lane
and Tabor.
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce practical
hardship because
difficulties or unnecessary
SEE REVERSE
(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
,OR ZB4
ZONINGBOARD OF APPEALS
) be denied and
After investigation and inspection the Board finds that the
applicant wishes to divide 1.3 acres into two parcels. One parcel
will have 24,500 square feet and the other parcel will have 33,000
square feet. The findings of the Board are that in the block of
property extending from Main Road to Orchard Street, most of the
properties bordering on the street are less than 40,000 square feet
with the exception of the Schriever subdivision.
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 the property and in the same use district;
and the variance will not change the character of the neighborhood
and will observe the spirit of the Ordinance.
On motion by Mr. Douglass, seconded by Mr. Grigonis, it was
RESOLVED that Russell Tabor and Sons, Main Road, Orient, New
York, be GRANTED permission to divide property with insufficient area
and front and rear yard setbacks and GRANTED recognition of access.
Location of property: Main Road, Orient, New York, bounded on the
north by Main Road and Tabor; east by Tabor and Schriever; south by
Tabor and Schriever; west by Village Lane and Schriever, upon the
following conditions:
(1) The applicant is acquiring a right-of-way from Ward Tabor
to the 33,000 square foot lot over an existing black topped driveway
which passes to the west of Ward Tabor's house. A further means of
access to this property is being provided by a 15 foot access for a
distance of 125 feet bordering on the westerly line of Ward Tabor's
property. The access provided over Ward Tabor's driveway is provisional
and may be revoked by the present or future owner of the Ward Tabor
property.
(2) Ail deeds relative to the division and access should be
filed with the Board of Appeals within six (6) months.
(3) Suffolk County Planning Commission Approval.
Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Doyen,
Tuthill and Douglass.
RECEIVED AND FILED BY
TITE SOU'it{OLD TOV~N CLF~qK
DATE I//{3/?~ HOUR
Town Clerk, Town o~
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, October 19, 1978, on the following appeals:
7:40 P.M. (D.S.T.) Postponed decision upon application of
Betsy Latham, Private Road, Orient, New York, for a variance in
accordance with the Zoning Ordinance to divide property with
insufficient frontage and area. Location of property: Private
Road, Orient, New York, bounded on the north by Wilsberg; east
by G. E. Latham, Jr.; south by Private Road; west by Long Island
Lighting Company.
7:50 P.M. (D.S.T.) Upon application of Russell Tabor and
Sons, Main Road, Orient, New York, for a variance in accordance
with the Zoning Ordinance, Article III, Section 100-31 and Bulk
Area Schedule to divide property with insufficient area and
front and rear yard setbacks and for a variance in accordance
with Town Law, Section 280A for approval of access. Location of
property: Main Road, Orient, New York, bounded on the north by
Main Road and Tabor; east by Tabor and Schriever; south by Tabor
and Schriever; west by Village Lane and Tabor.
8:05 P.M. (D.S.T.) Upon application of Henry M. Jaquillard,
13100 Main Road, Mattituck, New York, for a variance in accordance
with the Zoning Ordinance, Article VII, Section 100-71 and Bulk
Schedule for permission to construct an addition to the greenhouse
with insufficient side yard area. Location of property: Main
Road, Mattituck, New York, bounded on the north by Main Road;
east by W. L. Grabie; south by John Wickham; west by R. C. Kopf.
8:20 P.M. (D.S.T.) Upon application of James Melrose, 39
Robinson Road, Greenport, New York, for a variance in accordance
Private Road, Orient, New
York, for a variance in ac-
cordance with the Zoning
Ordinance to divide property
with insufficient frontage and
area. Location of property:
Private Road, Orient, New
York, bounded on the north by
Wilsberg; east by G. E.
Latham, Jr.; south by Private
Road; west by Long Island
Lighting Company.
7:50 P.M. (D.S.T.) Upon
application of Russell Tabor
and Sons, Main Road, Orient,
Now York, for a variance in
~eeordance with the Zoning
Ordinance, Article III, Section
100-31 and Bulk Area Schedule
to divide property with in-
sufficient area and front and
rear yard setbacks and for a
variance in accordance with
Town Law, Section 280A for
approval of access. Location
of property: Main Road,'
Orient, New York, boanded on
the north by Main Road and
Tabor; east by Tabor and
Sehriever; south by Tabor and
Schriever; west by Village
Lane and Tabor.
8:05 P.M. (D.S.T.) Upon
application of Henry M.
Jaqulllard, 13100 Main Road,
Mattituck, New York, for a
variance in accordance with
the Zoning Ordinance, Article
VII, Section 100-71 and Bulk
Schedule for permission to
conntruct an addition to the
greenhouse with insufficient
~ side yard area. Location of
property: Main Road, Mat-
tituck, New York, bounded on
'1 the north by Main Road; east
i by W. L. Grabie; south by
John Wick, ham; west by R. C.
Kopf.
8:20 P.M. (D.S.T.) Upon
application of James MeLrose,
39 Robinson Road, Greenpert,
Now York, for a variance in
accordance with the Zoning
Ordinance, Article III, Section
100-31 and Bulk Schedule for
ission to construct a
~eou,~ with front
insufficient
and rear yards. Location of
property: Robinson Road,
Greenpert, New York,
bounded on the north by
Robinson Road; east by
Troyan; south by Sterling
Basin; west by R. Melrose.
9:35 P.M. (D.S.T.) Upon
application of William and
Peggy White, First Street,
Now Suffolk, New York, for a
variance in accordance with
the Zoning Ordinance, Article
VI, Section 100-61 and Bulk
Schedule for permission to
divide property with in-
sufficient frontage. Location
of property: First Street, New
Suffolk, New York, bounded
on the north by Frances
Majeski; east by First Street;
south by Main Street and West
by J. Kinczell.
8:50 P.M. (D.S.T.) Upon
application of Raymond and
Adah Redfield, 255 Willow
Street, Roalyn Heights; New
York, for a variance m ac-
cordance with the Zoning
Ordinance, Article IH, Section
100-31 and Bulk Schedule for
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 Thm'aday, October
19, 1978, on the following
appea~:
7:40 P.M: (D.S.T.) Post-
poned decision upon ap-
plicatiun of Betsy Latham,
permission to divide property
with insufficient area and
width. Location of property:
Paradise Shores Road,
Southold, New York, bounded
on the north by Private Road;
east by Daiker; south by
O'Toole; west by Private
Road.
9:00 P.M. (D.S.T.) Upon
application of Sarah Rausch,
1223 Cornegia Avenue, Far
Reekaway, New York, (John
S. Sherwood, as Agent), for a
special exception to the
Zoning Ordinance, Article III,
Section 100-30 B 9 (a) for
permission to construct a
storage building with shower,
a bulkhead, ramp and
mooring float. Location of
property: Gull Pond Lane,
Greenpert, New York,
bounded on the north by
Germansky and others; east
by Fardham Canal; south by
Rutkowski and others and
west by Gull Pond Lane.
9:10 P.M. (D.S.T.) Upon
application of Jean Case, New
Suffolk Lane, Cutchogue, New
York; Bruce McLean Case,
New Suffolk Lane, Cutchogue,
New York;. and Walter
Terosko, New Suffolk Lane,
Cutchogue, New York
(Richard F. Lark, Esq.) for a
variance in accordance with
the Zoning Ordinance, Article
HI, Section 100-31 and Bulk
Schedule for permission to
divide property with in-
sufficient frontage. Location
of property: New Suffolk
Road, Cutchogue, New York,
bounded on the north by
James Horton; east by John
Wickham; south by other land
of Terosko; west by New
Suffolk Road.
9:20 P.M. (D.S.T.) Upon
application of Susan Jacobs,
605 Soundview Avenue,
Mattituck, New York, for a
variance in accordance with
the Zoning Ordinance, Article
III, Section 100-32 for per-
mission to construct an ac-
cessory building in the front
yard area. Location of
property: Soundview Avenue,
Mattituck, New York,
bounded on the north by Long
Island sound; east by Saltaire
Civic Association; south by
Soundview Avenue; west by J.
McLaughlin.
9:30 P.M. (D.S.T.) Upon
application of Henry Luce, III,
Fishers Island, New York
(Eric Haas, Esq.) for a
variance in accordance with
the Zoning Ordinance, Article
III, Section 100-30 C 2 for
permission to construct a
fence arrund an underground
pool. Location of property:
Fishers Isiand~ New York,
bounded on the north by
Private Road; east by Sim-
mons; south by Block Island
Sound; west by Coffee.
Dated: October 10, 1970
BY ORDER OF
THE SOUTHOLD
TOWN BOARD OF
APPEALS
1T012-3075
COUNTY OF SUFF
STATE OF NEW
Troy Gus
says that .
WEEKLY TIMES, a
county: and that th
copy, has been pul
once in each week,
successively comm:
day of . ,O,c.t.o.b. 9.I~.
Sworn to ~.:re a
day of .. . ~
LEGAL NOTICE
NOTICE OF HEARINGS
Pursuant to Section 267 of
the Town Law and the pro-
visions of the Amended Build-
ing Zone Ordinance of the
Town of Southold, New York,
public hearings will be held
i~e ~dning Board of Appeal
at the Town Hall, Main Roe~.
Southold, New York, on Thurs-
day, October 19, 1978, on the
following appeals:
7:40 P.M. (D.S.T.) Post-
poned decision upon applica-
tion of Betsy Latham, Private
Road, Orient, New York, for a
variance in accordance with
the Zoning Ordinance to divide
property with insufficient fron-
tage and area. Location of
property: Private Road, Orient
New York, bounded on the
north by Wilsberg; east by
G.E. Latham, Jr.; south by
Private Road; west by Long
Island Lighting Company.
7:50
for a variance
accordance with the Zoning
Ordinance, Article IH, Section
100-31 and Bulk Area Sche-
dule to divide property with
insufficient area and front and
rear yard setbacks and for a
variance in accordance with
Law, Section 280A for
of access. Location of
property: Main Road, Orient,
New York, bounded on the
north by Main Road and
Tabor; east by Tabor and
Schriever; south by Tabor and
Schriever; west by Village
Lane and Tabor.
8:05; p.M. (D.S.T,) Upon
appliea¢on of Henry . M.
Jaqaillai'd, 13100 Maii~ Road,
Mattituck, New York, for a
variance in accordance with
the Zoning Ordinance, Article
Vll, Section 100-71 and Bulk
Schedule for permission to
construct an addition to the
greenhouse with insufficient
side yard area. Location of
property: Main Road, Matti-
tuck, New York, bounded on
the north by Main Road; east
by W.L. Grabie; south by John
Wickham; west by R.C. Kopf.
8:20 P.M. (D.S.T.) Upon
application of James Melrose,
39 Robinson Road, Greenport,
New York, for a variance in
accordance with the Zoning
Ordinance, Arttde Ill, S~cdo.~
100-31 and Bulk Schedule for
permission to construct a
house with insufficient front
COUNTY OF SUFFOLK
STATE OF NL:'W 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 Count,/;
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 .......... 4. ............................ weeks
successively, commencing on the ..... _/...~.... .........................
....................
Swo~-~n to before me this ....~.... .............. day o~
FORM NO. 3 0
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
PLEASE TAKE NOTICE thor your application doted ........................... .."~...~..~.... ...... ~'..(.., 19..~..~..'..
for permit to construct~...?.!.~!..~..~.........'~....0~..~.aYt the premises located at .,~.~.~.~.......~.~.~,~...
..~ ....... ~.~.~.~.~. ........... ~ ..................... Street ) 0 ~1 ~- ~r
Map .................................... Block ......................................... ~Lot ................................................ is
returned herewith and disa~ed on the follow;ng grounds .,~..~.~.~.~.~,~.~.~] ........ .~.~.~
~'~'"'"~'~;~'"'%'~%'~'ZZ ....... ~'~'~'~ ....... '~'~'~'~'L"~ ....... ~'~ .............
...................................... ~"'x'~ '~'~'~ ~"~ ....... ~.~.~.~ ......... ~.~.~....;~...~ ~...~;~. ~....~_ ~.: ....
.~.....~...~......, ....
~ooo -- lB- 5 -- ~
Building Inspector
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. c~/'-J '7
DATE -~/~ .~'~x~. ~-...~/. j
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, (We)."~...f~.5'.fL¢.LI.....~..~.~'....~'.....'~...M~. ........ of ...~..,~.~:,ed..J'~,g.~/. ..........................................
Name of Appellom Street and Number
.... O~./.~j~,.~..~. ..................................................................... ~..'.~..-..Z/..~.~..~.....HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED. ~,~.~...,~./.~..~..~....
WHEREBY THE BUILDING INSPECTOR DENIED TO
....... ............
Name of Applicant for permit
of ......... .............
' Municipa ity State
Street and Number
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
1. LOCATION OF THE PROPERTY ...~.~J. JkJ.......~O~.~l.,...~.~'.Z~,4/./~ ..........
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.nance.)
:3. TYPE OE APPEAL Appeal is made herewith ~or
{ ~) A VARIANCE to the Zoning Ordinance or Zoning Map
A VARIANCE due to lack o~ access (State a~ New York Town Law Chop. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal qJs) (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
(,k/) A Variance to Section 280A Subsection 3
0() A Variance to the Zoning Ordinance
( )
is requested for the reason that b/-~ /,~,*c~/al
laorm ~-I11 (Continue on other side)
I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneceso
2. The h~rdship creeted is UNIQUE ~nd is not sh~rod by ~11 properties ~lik~ in t~ immodi~te
vicinity of this property ond in this use district because
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
.
CHARACTER OF THE DISTRICT because ']~/'$ /'5 ~ ~'e.~l d¢~J7~/'~/ IVe ~ ~
STATE OF NEW YORK ) ~ .~....~
COUNTY OF~'I~/,~ ) ~/ ~ Signature
Sworn to this .............. .c~..~.~.~. .................. day of ...... ~.~.~¢.~.~.~¢ ................ 19
ELIZABETH ANN NL~VILLE
NOTARY PUBLIC, ~hte of New York
No. 52-8125850, Suffolk Cou,ty
term E~pltes March 30. 19~o
Southold Town Board of Appeals
SOUTHOLD, L. I., N.Y. 11971
TELEPHONE (516) 7654809
APPEALS BOARD
MEMBERS
ROBERT W. GILLISPIE, JR., CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
TERRY TUTHILL
ROBERT J. DOUGLASS
May 10, 1979
Mr. and Mrs. Frederick C.
Main Road
Orient, New York 11957
Tabor
RE: Appeal No. 2478
Dear Mr. and Mrs. Tabor:
Relative to the above-captioned appeal, we acknowledge receipt
of the following:
(1) Deed dated March 27, 1979, from Frederick C. Tabor and
Wendell B. Tabor, as sole distributees and administrators of the
estate of May B. Tabor to Frederick C. Tabor and Janet Tabor,
which deed was recorded in the Suffolk County Clerk's Office 6n
March 28, 1979, in Liber 8602 of deeds at page 550.
(2) Agreement between Ward R. Tabor and Virginia C. Tabor
and Frederick C. Tabor and Janet R. Tabor which agreement was re-
corded in the Suffolk County Clerk's Office on April 23, 1979, in
Liber 8615 of deeds at page 194.
(3) Release of Part of Mortgaged Premises dated April 13, 1979,
between $outhold Savings Bank and Ward R. Tabor and Virginia C. Tabor
recorded in the Suffolk County Clerk's Office on April 23, 1979, in
Liber 8615 at page 190
On October 25, 1978, we received Suffolk County Planning Commission
Approval concerning your application.
This completes all the conditions placed on your decision dated
October 19, 1978, and we thank you for your cooperation in this matter.
If there is anything that we can help you with in the future, please
do not hesitate to call.
Very truly yours,
Babette C. Conroy
Secretary
cONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMINT -THIS INSTRUMENT SHOULD BI USED IY LAWYERS ONLY
THIS INDENTURE, made ;he ~;~ day of March , nineteen hundred and seventy-nine
BET%VEEN FREDERICK C. TABOR and WENDELL B. TABOR, both residing at (Nc #) Village
,Lane, Orient, Town of Southold, County of Suffolk and State of New York, individually,
· as sole distributees and administrators of the estate of MAY B. TABOR, having been
appointed as such Administrators by Suffolk County Surrogate's Court by order dated
August 23, 1977 and as sole surviving heirs-at-law and distributees of Russell F.
Tabor, deceased, who died intestate March 18, 1952, late of Suffolk County,
~ ~ ~lO) party of the first Part, and
FREDERICK C. TABOR and JANET TABOR, his wife, residing at (No #) Village Lane,
Orient, New York"
0/Foo
0 3'0o
oo 'ooo
party of the second part, - .... ~, ........
WlTNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration
paid by the party of the second part, does hereby grant and release unto the party of the second part, the he rs
or successors and assigns of the party of the second part forever,.
ALL that certain plot piece or parcel of land, with the bui d ngs and improvements thereon erected, situate,.
y ngandbeingi~-t~he at Orient, Town of Southold, County of Suffolk and State of New
York, bounded and described as follows:
BEGINNING at a monument set at the intersection of the southerly line of Main Road
with the easterly line of Village Lane, and running thence along said easterly line
of Village Lane, S. 26° 13' 40" W. - 127.96 feet to a monument and the northwesterly
corner of land of Wendell Tabor; thence along said land of Wendell Tabor, S. 66°
59' 20" E. - 118.20 feet to a monument and the northeasterly corner of said land
of Wendell Tabor, said monument marking the point of beginning of the premises;
running thence along other land of the party of the first part, two courses:
(1) N. 17° 12' 40" E. - 29.32 feet; thence
(2) N. 89° 53' 20" E. - 81.16 feet to the southwes=erlv corner of lan~ of
W&rd Tabor; thence along said land of Ward Tabor, N. 89° 53' ~0" E. ~213.452 fee~
to land of Barbara Schriever; thence along said land of Barbara Schriever, S~ 0°~~ ~
22' 30" W. - 105.03 feet to land of William Schriever; thence along said land of
William Schriever, s. 88° 20' 40" w. - ~29.36 feet to the southeasterly.corner
of said land of Wendell Tabor; thence along said land of Wendell Tabor, N. ~7O
12' 40" E. - 90.0 feet to the point of beginning.
TOGETHER with a right of way 15 feet zn width over land of Ward Tabor, from the
northerly line of the premises northerly to Main Road, said right of way adjoining
other land of the party of the first part.
-, . I tvlAR 9 81979 '
roaas aDUttm~ the above descried premises to the center i nes thereof; TOGETHER wkh the ~ppurt~hc6~
and al] ~be eslate and r{Rhts of tbe party of the ~rst part in ~nd to s~Jd premises; TO ~AVE A~D ~O ~ ~'
HOLD the premises bere~n ~ranted unto the party of the second part, the heirs or successors ~nd
the party of the second part forever.
AND the party df the first part covenants that the party of the first part has not done or ~uffered al~;thin~
wh.e[.eby the said premises have been encumbered in any way whatever, except as aforesaid
ANo the party of the first part in compliance w th Section 13 of the Lien Law, covenants that the party of
the ,~rst part will receive the consideration for this conveyance and will hold the right to receive such consid-
eratibn as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply
the .~ame first to the payment of the cost of the improvement before using any part of the totafof the same for
any other purpose.
The~.. word "party" shall be construed as if it read "parties" whenever the sense of this indentgr~'~o requires.
IN WITH ~1~$ WHER£OF~ the party of the first part has duly executed this deed the day and y~ar first above
"written. ~t ·
PLEASE DO NOT
AG~EENDZNT, made this ~e~ da~ of ~i~rch,
between WA~D R. ~A~OR $.Jld %rlR~INIA O. ~OR~ his wife~bo~h
~esidin~ on ~in aoad (n~ s~se~ n~e~), O~ien~,
par~ies of the first par~, ~d F~ICK C. '2~OR ~d'J~ET
H. T~OE, his wife, bethresiding on Ma~ Head (n~
number), 0rien~. New York, parties ~f the second
WITNESSETH~::'~Who~as ~he p~$ies
~e the o~ers in fee simple of all that certain plot,
piece or parcel of l~d situate, lyi~ ~d
To~ of $outhold, Suffolk Cowry, New York, ~d more
ticularly bo~ded ~d described as follo%~,
BEGINNING at ~ iron pipe me~ on the southerly line
of Main ~load, dis~t X46.1~ feet e~terly along said line
from the easterly line of Village L~e; .ru~i~.~he~$e
alo~ said southerly line, ~o courses, (X) S,.99 . 5~.~0
E,, 39.51 feet~ a gr~te mon~en~$ thence ~; m,~o~
07' ~0" E. 171.0 feet ~o the northwesterly corner of a
certain cemetery} thence along said cemetery ~d ~ong
land fomerly of ~m~B. Tabor, Wendell B, TaBor ~d
erick C. Tabor ~. 0~ 22' 30" W.. 125.0 feet~ thence'sttll
alo~ said land formerly of M~B. Tabor, ~ende~ B. Tabor;
~ Frederick C. TaBor, the followi~ two course's, (~)
53' ~0" W,, 21745 feet to ~ iron pipe~ thence
(2) ~. 1 $5' 30" E., 12~.0 feet to the point of Begi~i~$
and
~}~REAS, the parties of the second Dart represent',~- ~-)[
~d warr~t that they are the e~ers in fee simple of ~1
that certain lot, piece or parcel of l~d i~ediately-
adjoining the said property of the p~tiem of the first p~,
on ~he South side thereof, ~d
~EEAS, Zhe par~ies of the second part desire'
acquire ~om ~he parties of ~he first part,
of the first part are wi~tng to ~t ~0 the
the second part, ~ ~a~ement ~o~ a ri~h~ of way for
~d e~ress over the Mesterly ~iI~een (13) feet of the
property of the p~ties ef ~he first part, ~1 as h~ein-
after more particul~ly provided~
NOW T;~REFOP~, in consideration of the premises ~n~
of the sum of one d~llar Dy each of ~he parties hereto~o.
the other in hand paid, the receipt whereof ie hereby
~c~mowledged, ~he partie~'~f the first p~$ he~e~y.~i?~;a~:~
grant %0 the ~artie~"of '~ second pax~, ~h~r heirs 'kud:
assigns forever, ~.easement for a right of.'w~ over tho
~sterly fifteen (15) fee2 of the hereinabove described
w~y being more particularly described as follm~
BEGI£.I.NII~G a% an iron pipe set on the southerly line
of t~[ain Road, distant 146.1! feet easterly along said line
course~ ~; o. x *~ 3o ~., X25.O fee~ ~o a poin~ ~henee
~2) N. 89 53' 20" E., X~.~ fee~otO a pointl thence ~he
zollo~¥tn~ two coupes, (X) ~. 1 45' 30" E., ~25,0 fee~ ~
the southerly line of the Main Roadt thence along the
southerly line of ~n 2oad (2) W. ~5.0 fee~ ~o ~he point
of begi~i~, for ~he purpose uf in~ess ~d e~ess ~o .~
from the property of the p~ties of the second part
i~ediately adjoining said properl~y of the parties of the
first Darl, on the South side thereof.
iN NITNESZ ~LER%0P, ~he parties hereto have hereunto
set their hands m~d affixed their se~s on the. day aud
STA~E OF NE~ YORF )
COU~TY OF ~UF~O~ )
On the
day of ~arch, 1979,
before me personally c~e
T~OR. VIRGINIA c. T~OR
FHED~ICK d. ~OR and
T~OR, to me kno~ %o be the
in~vidu~s described in ~d who
~cu~ed ~he foregoing ins~men~,
nnd acknowledged that they executed
HAROLD W. CO4?,OY
NOTARY PUBLrC. Sf~fe of New
~erm ~plre~ March 30,
0 /
~
"P cE L' . . PLEASE DO NOT PUBLISH
CONSULT YOUR LAWYER BIEFORIE $1GNINO THIS INSTRUM~I~IT--THI$ INSTI~'UMENT SHOULB BIE USEB BY LAtfl/YER$ ONLY.
THIS INDENTURE, made the /~,lay of April
emeteen hnndred aud seventy-~ine
BETWEEN SOUTHOLD SAVINGS BANK, a corporation organized under and
existing by virtue of the banking law of the State of New York, having
its principal office at Main Road (No Number) Southold, New York,
parb'ofthefirslpart, aml WARD R. TABOR and VIRGINIA C. TABOR, h s wife, both
residing at Main Road (No number), Orient, New York
WHEREAS, the party of the first l.,arz is the bolder of the folk, wing mortgage an(] of the bond or no:ce
secured thereby:
Mortgage dated the 10th (lay of November . 1966 made by Ward R. Tabor
and Virginia C. Tabor, his wife
[O
Southold Savings Bank
in the pnnc~pal sum of $ 10,500.00 aed recorded in (L~ber)
5064 oF~ccfim'~- of murtgages, page308" ' the office of thc Clerk of the County
o-~-~uffolk on November 15, 1966, and"-----
~ortgage dated the 20th day of.January, 1967, made by Ward R. Tabor and
Virginia C. Tabor, his wife, to Southold Savings Bank in the
and recorded in the office of the Clerk of the County of Suffolk in.Liber 5i0I
mortgages at Page 146;l~ich said mortgage contained a statement c0'n~01id~
with the first mortgage set forth so that the two constituted a single va%i~ifirs%[
lien on the premises described therein; and
Mortgage dated the 31st day of March, 1967, made by Ward R.
C. Tabor, his wife, to Southold Savings Bank in the principal sum o~ $i,019J00
and recorded in the office of the Clerk of the County of Suffolk in '~iber '513'1 of
mortgages at Page 4~ ~hlch said mortgage contains a statement conso%idating it
wlth the two mortgages set forth so that the three shall together constit6te~a
single valid first lien on the premises therein; now a consolidated first lien
upon the premises situate at Orient, in the Town of Southold, County of Suffolk' ' i.
and State of New York,
covering certain lasds and ten'enteuts, of which the lands hereinafter described are part, and
WHI:REAS, the party of the first part, at the request of the party of the second part, has agrged~ to'.
give up and surrender the lands hereinafter described unto the party of the second part, and to holdiand
retaie the residoe of the mortgaged lands as security for the money remaimng due on said
mortgage
NOW THIS INDENTURE WITNESSETH, that the party of the first part, m pursuance of said agree-
ment aud in cousideration of One ($1.00) .......................................
....................................................................... Dollars,
lawful moucy of the United States.
paid by the party of the second part. does graut, release and quitclaim unto the party of the second part, all
that part of said mortgaged lands described as follows:
:) O
THE westerly fifteen (15) feet of the following described premises:
ALL that certain plot, piece or parcel of land, with the buildings and improvements
thereon erected, situate, lying and being at Orient, Town of Southold, County of
Suffolk and State of New York, and more particularly bounded and described as
follows:
BEGINNING at an iron pipe set on the southerly line of Main Road, distant 146.11
feet easterly along said line from the easterly line of Village Lane; running
thence along said southerly line, two courses: (1) South 86 degrees 54 minutes
20 seconds East 39.51 feet to a granite monument; thence (2) North 89 degrees 07
minutes 40 seconds East 171.0 feet to the Northwesterly corner of a certain
cemetery; thence along said cemetery and along land of May B. Tabor, Wendell B.
Tabor and Frederick C. Tabor South 0 degrees 22 minutes 30 seconds West 125.0 feet;
thence still along said land of May B. Tabor, Wendell B. Tabor and Frederick C.
Tabor, the following two courses: (1) South 89 degrees 53 minutes 20 seconds West
213.45 feet to an iron plpe; thence (2) North 1 degree 45 minutes 30 seconds East
125.0 feet to the point of BEGINNING.
Said premises being more particularly bounded and described as
follows:
ALL that certain plot, piece or parcel of land, situate, lying and
being at Orient, Town of Southold, County of Suffolk and State of
New York, bounded and described as follows:
BEGINNING at an iron pipe on the southerly line of Main Road, distant
146.11 feet easterly along said line from the easterly line of Village
Lane;
]running thence along said southerly line South 86 degrees 54
~inutes 20 seconds East 15.00 feet to a point;
'?'"thence South 1 degree 45 minutes 30 seconds West 124.16 feet to
land now or formerly of R. Tabor & Sons;
thence along lands now or formerly of R. Tabor & Sons South 89
degrees 53 minutes 20 seconds West 15.01 feet to an iron pipe;
North 1 d~gree 45 minutes 30 seconds East 125.00 feet to
iron pipe on the southerly side of Main Road at the point or
~ce of BEGINNING.
O
TOGETHER with all right, title and interest, if ,¢ny, of tfie party of the first part in amt to any streets and
roads abutting [he ahm, e describec premises to the center lines thereof and in and to any fixtures and articles
of personal property ~hich are now contained in said pr~ises and whick may be covered by said mortgage.
TOGETHER Mth the hered~tament~ and appartenance, thermmm helonging and all right, title and interest
of the /)arty (ff the first parL in and to the same. to the intent that the ian(L hereby released may he dis-
charged from said ~irst
mortgage . and that the rest ~f the lands in said ~irsc
mortgage specified may remain mortgaged m the party of the first part as heretofore
~O 8~[ ~ 70 ~O[~ tfie lands and premise, hereby released aad quilchtimed to the party of the
second part, and m tile heirs, successors alld aqfilglls of ~he )arty Of the seCOll([ I)art forever, free, clear and
discharged of and from all lien and clain~ trader and hr elrtuc t)f said first
a foresaid me.gage
written.IN WITNESS WHEREOF, the l)artv, of tile first part has executed this release the day aad y~a? "first 'above
BY: .~,
· bor ~ ,
STATE OF NEW YORK, COUNTY OF SUFFOLK
SS.:
On the /9 ~ (la) of april . nineleen hun(h'ed ami
bc~()rv me personally came Ward R. Tabor and Virginia C. Tabor
seventy-nine
Io hie kuowr, u; I;e the indixidnal s th's(r~bed
ir~div~uall¥
ackl~owhdged fllat they executed tfie sam(..
STAYE OF NL~V YORK, COUNTY OF
On the day of
before me personally came
[o me known t(~ be the individual descrihed
acknowledged that execute,] the sanw
Not ary/ublic
~,s.: ~,RvlN,~ L. PRICE,'dFL
ct0TARy pI)~Lig, STATE OF
nhleleel hundred and &~idingin S~%1~:60, at ~me
~ ~ml~ion Ex~j~es ~arc~ 30.
III ;tilL] ~JlO executed th(' n)regolllg Jnstrtlment.
November 13, 1978
Irving L. Price, Jr., Esq.
Main Street
Greenport, New York 11944
Re: Russell Tabor & Sons
Dear Mr. Price:
In accordance with your request of November 11, 1978, enclosed
please find a photostatic copy of the survey submitted to the
Board delineating the proposed division of the Russell Tabor
and Sons property in Orient, together with a photostatic copy
of the Board's decision signed by Mr. Gillispie on November 9,
1978.
if we can be of any further help, please do not hesitate to call.
Yours truly,
bcc
Enclosures
BABETTE C. CONROY
Secretary
Suffolk County Department
Town of Southold
Board of Appeals
of Planning
Veterans Memorial Highway
Hauppaage, L. !., M. ¥.
979-2918
11768
October 25' 1978
Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter,
the following applications which have been referred to'the Suffolk County Planning
Commission are considered to be a matter for local determination. A decision of
local determination should not be construed as either an approval or a disapproval.
Applicant
Municipal File Number
Betsy Latham
Daniel & Laura Shybunko
RaYmond & Adah Redfield
William & Peggy White
James Melrose
Ru~ell Tabor & Sons
Henry Lute III
Sarah Rauch
Jean & Bruce Case & Walter Teresko
Harry & Arlene Jacquillard
Susan Jacobs
2466
2469
2475
2476
2477
2&7R
2479
2480
2481
2482
2483
GGN: jk
Very truly yours,
Lee E. Koppelman
Director of Planning
CI-{[EF PLANNER
N ~'9° 07'~o"~',
I '71, o
4'
,19',09
~AflP T'A Z~oR m
LOT
-.2 g>~, $ ~...
td 8'~'° RO'
W, ~cN RI~UF--R
TOWN CLERK 765-3783
Building Dept.
Planning Bd. 765-2660
Board of Appeals
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 .... ]~:~ard. O~ .Ap~peals .............. of the town of .... Southold ................
(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
Russell Tabor & Sons
Main Road
Orient, New York 11957
Appeal No. 2478
....... ~. ..... Variances
Location of affected land: ..S~.S..,[~J~.J'~..~d:3~,C~,...O/~.P.d%t' ~...].{[~W...YQ~. ...............................................
within 500 feet of: (check one or more)
................ Town or village boundary line, or shore line
........ X ..... 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 d~vide land into 2 parcels,
and was granted front and rear setback variances and access into land
locked parcel of land.
Date:
(signed) Robert W. Gtlltspte,Jr.
............. .Ch~irmen ...............................................
Title
Date received by Suffolk County Planning Commission ................................ ....................................................
File No .................................
0 0
To Whom It Hay Concern:
I, Wendell Tabor, do hereby relinquish my one-half (1/2)
interest in the parcel of land located in Orient, N.Y., to Fred
and Jane Tabor.
Said parcel is north by Ward Tabor, south and east by
William Schriever, west by Wendell Tabor and Ered Tabor. Further
identified on Suffolk County Tax Hap as 1000-018-05 part of lot 009.
Wendell Tabor
f~OTARY ]qTBLI~, State of ~'ew Yorb
Southold Town Board of Appeals
Town Hall
Southold, N. Y. 11971
October 17, 1978
Gentlemen:
We are advised that you will be hearing an appeal for a variance
made by Russell Tabor and Sons, Main Road, Orient, to set off a new
house lot at your meeting on October 19, 1978. This new lot would
adjotniour buslness property to the east and our residential subdivision
to the south.
Presently our business property ts occupied by an excavating business
as a non-conforming use in a "B" Light Business District. We have an
application before the Town Board to upzone about two acres of the present
"B" light Business District to "A" Residential and Agricultural District.
If this application is granted~ it would leave the business property
about an acre and a half in area which would include the shop building
and an acre to the south of it.
In view of the substantial investment in the shop building, It is
our intention to continue its use either for the excavating business or
for other industrial purposes permitted Ina "C" Light Industrial District.
Not only is this the only practical use for a butldlng of the type and
size of our building, but we feel that such use would be much less
objectionable to the surrounding residential properties. To use thts
property for the retail business for which it ts now zoned would create
noise and traffic that might be objectionable to those who wlll purchase
our lots on Tabor Road.
The residential subdivision as already given sketch-plan approval
by the Planning Board provides for a park and recreation area which will
adjoin the lot that is the subject of this appeal. This open-space area
will be restricted by covenant to provide a source of pure water for some
of the lots in the subdivision In case the wells on the Individual lots
Southold Town Board of Appeals
October 17, 1978
become polluted at any time in the future. Also we have installed a well
for drinking water just across the line from the southeast corner of the
lot that is the subject of this appeal. For these reasons we ask that
the cesspools of the proposed lot be located away from the southeast
corner and preferably toward the north line and that the well be toward
the southeast corner and near the south line.
We purchased the shop property from the applicants with the understand-
ing that it would be used for our excavating business. There have been
no difficulties that I am aware of as neighbors nor would I expect there
to be if this variance is granted. I can see no reason why a new house
erected on the lot as proposed would have any adverse effect on either
our business property or our subdivision so long as it ts understood
in the granting of the variance that it is our intention to continue to
use the shop property for light industrial uses and that it is our
intention to use the subdivision property adjoining the proposed lot
for park and recreation with an open-space covenant. And I can see no
reason why these uses would have any significant adverse effect on the
occupants of the new house.
/~erely, your~
William W. Schrtever
Main Road, Box 128
Orient, N. Y. 11957
O C
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
Southold, L. I., N. Y. 11971
TELEPHONE
(516) 765-1801
SePtember 25, 1978
To: Southold Town Zoning Board of Appeals
From: Judith T. Terry, Town Clerk
Transmitted herewith is Zoning Appeal No. 2478, application of Russell Tabor
& Sons for a variance. Also included are notification to adjoining property
owners as follows: Wendell B. Tabor, Village Lane, Orient, N.Y.; Ward R. Tabor,
Main Road, Orient, N.Y.; William Schriever, Main Road, Orient, N.Y.
Town Clerk
JTT/h~
CC: ~£e
Enc./
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of
RUSSELL TABOR & SONS
to the Board of Appeals of the Town of Southold
TO: Wendell B. Tabor
Village Lane
Orient, New York 11957
Ward R. Tabor
Main Road
Orient, New York
11957
NOTICE
William Schriever
YOU ARE HEREBY GIVEN NOTICE: Main Road
Orient, New York' 11957
1.Thatitistheintenti~n~ftheundersignedt~petiti~ntheB~ard~fAppea~s~ftheT~wn~fS~uth~d
torequest~(Varianc~]~~l~0t~l~l~d~1~.(the ~llowingreli~: insufficient area
for 2 lots, insufficient front and rear yard for proposed dwellinq and ).
approval of acoess to new lot.
2. Thattheprope~y whichisthesubject ~thePetitionislocatedadjacenttoyourprope~yandisdes-
cribed as~llows: North hy Main Road and Tabor; East by Tabor and Schriever;
south by Tabor and Schriever; west by Villaqe Lane and Tabor.
3. Thattheproperty whichisthesubjectofsuchPetitionislocatedinthefollowingzoningdistrict: )
A - residential . )
4. That by such Petition, the undersigned will request the following relief: insufficient area
for 2 lots. insufficient front and rear yard for proposed dwellinq and
S. ~hai the p~ov}slons of the Southoid ~own ~on}n8 Code app{i~ab}e to the ~e{ief sought by the unde~-
signedare: Article III, Section 100-31 and Bulk ~ea Schedule and Section
280A of the Town Law.
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 sugh 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.
RUS~LL TABOR & SONS
Petitioner /
Post Office Address
Main_ Road
Orient, New York 11957
NAME
PROOF OF MAILING OF NOTICE
ADDRESS
Wendell B. Tabor
Ward R. Tabor
William Schriever
Village Lane, Orient, New York 11957
Main Road, Orient, New York 11957
Main Road, Orient, New York 11957
RECEIPT FOR CERTIFIED MAIL
PS Form
,lan. 19763800
NO INSURANCE COVERAGE PROVIDED-- (See
NOT FOR INTERNATIONAL MAIL
PS Form
Jan. 19763800
NO INSURANCE COVERAGE PROVIDED--
NOT FOR INTERNATIONAL MAIL
,,/an. 19763800 NO INSURANCE COVERAGE PROVIDED--
NOT FOR INTERNATIONAL MAIL
(See other side)
(See other side)
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) ss.:
~///n~//~. ,,~ ~. . ,, ,~ , being duly sworn, deposes and says that on the ~.-~ day
of ~r/,~,/__/__.~.~/ ,19 ~'~[/ , deponent mailed a true copy of the Notice set forth ~nn ~'~e re-
verse s~d'~l~reof, directed to each of the above-named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current a~sm. e~nt. ~11 of the Town of Southold; that said Notices were mailed at the United States Post Of-
ficeat ~(~/-;.~z~- ; that said Notices were mailed to each of said persons by
c(~rtifie~ (r4qllsae~'d) mail.
Sworn to.before me this
day of, ~$~'~ rn ~r .19 7
l,
0 Notary Public
ELIZABETH ANN N~ILLE
NOTARY PUBLIC, State o! New York
No. 52-8125850. Suffolk County
! I A(C)
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~'CH*,EL BA}(ER. JR.
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UNION FREE ~ ;~4
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SEE SEC NO 027
Legend
IP