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HomeMy WebLinkAbout2360 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOAKD OF APPEALS Appeal No. 2360 Dated October 20, 1977 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOV~N OF SOUTHOLD To Est. of Walter Washburn (Wm. Schriever) Bay Avenue East Marion, NY 11939 DATE.....~9.Y.t....~, 1977 Appellant at a meeting of the Zoning Board of Appeals on November 3, 1977 was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL EXCEPTION. By ~solut~n of ~e Board it was d~ermined ~ a spe~al exception ( ) be ~a~ed ( ) be de.ed pursuant to Article .................... ~ct~n .................... Subsection .................... paragra~ .................... of the Zoning O~inance and ~e decision of the Buildi~ I~pector ( ) be reversed ( ) be confirmed b~ause 9:00 P.M. (E.S.T.) upon application of the Estate of Walter Washburn, Bay Avenue, East Marion, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule, and the Town Law, Section 280A for permission to set off lot with insufficient area and approval of access. Location of property: Right-of-way, west side Bay Avenue, East Marion, New York, bounded on the north by right-of-way, Radford; east by Traffica, $chmidt, Dahncke & ors.; south by other land of applicant; west by right-of-way and Radford. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because SEE REVERSE practical difficulties or unnecessary (b) The hardship created (is) (is not) umque 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 ( ) be denied and that the previous decisions of the Building Inspector ) be confirmed ( ) be reversed. After investigation and inspection, the Board finds that the applicant requests permission to set off lot with insuffi- cient area and approval of access, right-of-way, west side Bay Avenue, East Marion, New York. The findings of the Board are that the Board is in agreement with the reasoning of the appli- cant as expressed in the application, and also with the Chairman of the Planning Board and his letter of November 2, 1977. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and woul~ 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, Estate of Walter Washburn, Bay Avenue, East Marion, New York, be GRANTED permission to set off lot with insufficient area and approval of access, right-of-way, west side Bay Avenue, East Marion, New York, as applied for. Vote of the Board: Ayes: - Messrs: Grigonis, Doyen. Gillispie, Bergen, Hulse, ~,:.~ $OUiLiOLD TO?Fi,~ DATE ~ Town o~ Southold 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, Sout~hold~ New York, on Thursday, November 3~ 1977, on the following appeals: 7:30 P.M. (EoSoT.) Recessed hearing upon application of Virginia Wo Suter, Beachwood Road~ Cutchogue, New York for a variance to construct accessory building with insufficient setback ~ (EoS.To) 7:45 P~M./- Recessed hearing upon application of Doris Helf, 1965 Bray Avenue~ ~1attituck~ New York (William Clarkr Esq.) for a variance to set off lot with insufficient width and area and construct dwelling. 7:55 P~M. (EoS.To) upon application of James W. Dawson, 9 Stone Ledge Road~ Upper Saddle River, New Jersey (Richard Cron~ Esq.) for a variance in accordance with the Zoning Ordi- nance~ Article III~ Section 100-30 and Bulk Schedule for per- mission to construct dwelling with insufficient setbacks. Location of property: North side CR27, Greenport, New York, bounded on the north by Long Island Sound~ east by Ro Tasker; south by CR27; west by County Wide Management. 8:05 P.~4o (E.SoTo) upon application of Joseph Ao Shipule, 4910 North Bayview Road~ Southold~ New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off lot with insufficient width. Location of property: west side North Road to Bayview~ Southold, New'York, bounded on Epp; east by North Road to Bayview; south by E. west by Dougherty & ors. 3950 the north by Gagen & ors.; 8:15 P.Mo (E.S°T.) upon application of Helen R. Schaefer, Old North Road, Southold, New York for a variance in Legal Notice -2- Hearings: November · 3, 1977 accordance with the Zoning Ordinance~ Article'III~ Section 100-30 and Bulk Schedule for permission to set off lot with insufficientl a~ea. Location of property: Right-of-wayt North Roads Southold, New York~ bounded on Schaefer; east by right-of-way; south by A. now or formerly Wm. A. Coleman & wf. south side Old the north by John Grigonis; west by 8:25 P~M. (E~S.T.) upon application of George Mahrw 19 Zemek Streeu~ Valley Stream, New York (Wm. H. Pricew Jr.~ Esq.) for a variance in accordance with the Zoning Ordinance, Article III~ Section 100-30 and Bulk Schedule for pez~aission to change lot lines. Location of property: north side Front Street~ Greenport~ New York, bounded on the north by School Distric~c 10~ east by now or formerly Peterson; south b~ Front Street (Mai~' Road - Route 25); west by W. Price. 8:40 P.M~ (E.S.T.) upon application of Charles G~ and Mary A. Tangney~ 1695 Little Neck Road, Cutchogue, 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 Little Neck Road, Cutchogue, New York, bounded on the north by Ao C~ Mason and right-of-way; east by No,wold Subdivision; south by Dunhuber; west by Dunhuber & Andruski. 8:50 P~M. (EoS~To) upon application of Robert Sorenson ~/o ~. John Gada Gen'l Contractor, Inc., Draw B, Fishers Island, New York for a variance in accordance_with the Zoning Ordinance, Article III~ Section 100-32 for permission to construct accessor~ building in front yard area~ Location of property: east side Equestrian Avenue, Fishers Island, New York, bounded on the north by Braun; east by Hay Harbor; south by T. Pyle & wf.; west by Equestrian Avenue. 9:00 P.M. (E.S.T.) upon application of the Estate of Walter Washburn, Bay Avenue, East Marion, New York for a variance in accordance with the Zoning Ordinance, Article III Legal Notice -3- Hearings: November~"3, 1977 Section 100-30 and Bulk Scheduler and the Town Law, Section 280A for permission to set off lot with insufficient .area and approval of access° Location of property: Right-of-wayt west side Bay Avenue~ East Marion, New York, bounded on the north by right-of-way, Radford; east by Traffica~ Schmidt, Dahncke, & ors°; south by other land of applicant; west by right-of-way and Radfordo 9:15 PoM. (E.SoT.) upon application of Marion M. Roussin c/o Mr. and Mrs~ James Hoolahan~ North Parish Drive~ Southold~ New York for a variance in accordance with the Zoning Ordinancet Article III~ Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: north side Sound View Avenue, Southold, New York, bounded on the north by Ealbauer; east by Hyatt Road (Pvt. Rd.); south by Sound View Avenue; west by Bo Young~ 9:25 P.Mo (E~SeT.) upon application of Dorothy Yoerges a/c By The Yard~ Love Lane, Mattituck, New York for a variance in accordance with the Zoning Ordinancer Article VII~ Section 100-70 and Bulk Schedule for permission to construct addition with insufficient rear yard area. Location of property: east side Love Lane, Mattituck~ New York, bounded on the north by Raynor-Suter; east by Lois Barker; south by Lois Barker; west by Love Lane° 9:35 P.M. (E.S.T.) upon application of James H. Ackerman, Mountain Lake, Lake Wales~ Florida (Clay A. Terry~ Esq.) for a variance in accordance with the Zonin~ Ordinance~ Article III, Section 100-30/31 C 2 A & 100-35 for permission to obtain relief from the Code requirements for fencing relative to in-ground swimming pools. Location of property: Private Road~ Island Estates~ Fishers Island, New York, bounded on by E/W Road; east by M. Wray; south by M. Reid; west Road; Block 8, Lo~ 12, Fishers Island Estates. Fishers the north by Private L~gal Notice Hearings: November 3, 1977 9:45 PoM~ (EoSoTo) upon application of Rowland A. Robbinsr Fishers Island, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30/31 C 2 A and 100-35 to obtain relief from the Code requirements relative to fencing in-ground swimming pools° Location of property: Private Roads Fishers Island~ New York~ bounded on the north Sound~ east by O. Anderson; south by Private Williamson & wfo; Block 25~ Lot 8~ Fishers by Block Island Road; west by Ho Island Estates. 10:00 P.M. (EoS.To) upon application of Robert Adipietro Peconic Lanes Peconic, New York for a varmance in accordance with the Zoning Ordinance, Article III~ Section 100-30 and Bulk Schedule for permission to change lot lines and convert existing building to dwelling° Location of property: south side Leslie Road, Peconic, New York, bounded on the north and west by Leslie's Road~ south by Pontino; east by Indian Neck Lane. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: October 21~ 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE~ OCTOBER 27~ 1977, AND FORWARD FOURTEEN (14) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD~ NEW YORK. Copies mailed to the following on October 21, 1977: Abigail Wickham a/c Surer William Clarks Esq. a/c Helf Richard Cron, Esq. a/c Dawson Joseph Shipule Helen Schaefer Wm. Price, Esq. a/c Mahr C. & M. Tangney John Gada a/c Sorenson Schriever a/c Washburn Est. J. Hoolahan a/c Roussin Dorothy Yoerges Clay Terry~ Esq. a/c Ackerman Rowland Robbins Robert Adipietro LEGAL NOTICE Notice of Hearings Pursuant to Se/:tion 267 of the Town Law and the provisions of the Amended Buildin. g 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, November 3, 1977, on the following appeals: 7:30 P.M. (E.S.T.) Recessed henring upon application of Virginia W. Surer, Beachwoad Road, Cutchogue, New York for a variance to c~astruet accessory building with insufficient set- back. 7:45 P.M. (E.S.T.) - Recessed hearing upon application of Doris Heft, 1~65 Bray Avenue, Mat- truck, New York (William Clark, Esq.) for a variance to set off lot with insuffica'~nt wid~ and area and ceastract dwelling. 7:55 P.M. (E.S.T.) upon ap- plication of James W. Dawson, 9 Stone Ledge Road, Upper Saddle River, New Jersey (Richard Cron, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with insufficient setbacks. Location of property: North side CR27, Greenport, New York, bounded on the north by Long Island Sound; east by R. Tasker; south by CR27; west by County Wide Management. 9:05 P.M. (E.S.T.) upon ap- phcation of Joseph A. Shipule, 4910 North Bayview Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off lot with insufficient width. Location of property: west side North Road to Bayview, Southold, New York, bounded on the north by Epp; east by North Road to Bayview; south by E. Gagen & om.; west by Dougherty & ors. 8:15 P.M. (E.S.T.) upon ap- plication of Helen R. Schaefer, 3950 Old North Road, Soutbold, 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 set off lot with in- sufficient area. Location of property: Right-of-way, south side Old North Road, Southold, New York, bounded on the north by John Schaefer; east by right- of-way; south by A. Grignonis; west by now or formelly Wm. A. Coleman & wf. 8:25 P.M. (E.S.T.) upon ap- plication of George Mahr, 19 Zemek Street, Valley Stream, New York (Wm. H. Price, Jr., Esq.) for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 30 and Bulk Schedule for per- mission to change lot lines. Location of property: north side Front Street, Greenport, New York, bounded on the north by School District 10; east by now or formerly Peterson; south by Front Street (Main Road - Route 25); west by W. Price. 8:40 P.M. (E.S.T.) upon ap- plication of Charles G. and Mary A. Tangney, 1695 Little Neck Road, Cutchogue, New York for a variance in accordance with the Town Law, Section 280A for approval of accesss. Location of property: right-of-way east side Little Neck Road, Cutchogue, New York, bounded on the north by A. C. Mason and right-of-way; east by Norwold Subdivision; south by Dunhuber; west by Dunhuber & Andruski. 8:50 P.M. (E.S.T.) upon ap- p]ioation of Robert Sorenson c-o A. John Gada Gen'l Contractor, Inc., Draw B, Fishers Island, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 32 for permission to construct accessory building in front yard area. Location of property: east side Equestrian Avenue, Fishers Island, New York, bounded on the north by Braun; east by Hay Harbor; south by T. Pyle & wf.; west by Equestrian Avenue. ~- 9:00 P.M. (E.S.T.) upon ap- )lication of the Estate of Walter R'ashburn, Bay Avenue, East Marion, New York for a variance in accordance with the Zoning Ordinance, Article III Section 100-30 and Bulk Schedule, and the Town Law, Section 280A for permission to set off lot with insufficient area and approval of access. Location of property: Right-of-way, west side Bay Avenue, East Marion, New York, bounded on the north by right-of- way, Radford; east by Traffica, Schmidt, Dahncke, &ors.; south by other land ot applicant; west by right-of-way and Radford. 9:15 P.M. (ES.T.) upon ap- plication of Marion M. Roussin c- o Mr. and Mrs. James Hoolahan, Page 17A North Parish Drive, 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 property with insufficient width and area. Location of property: north side Sound View Avenue, Southold, New York, bounded on the north by Halbauer; east by Hyatt Road (Pvt. Rd.); so~th by Sound View Avenue; west by B. Young. 9:25 P.M. (E.S.T.) upon ap- plication of Dorothy Yoerges a-c By The Yard, Love Lane, Mat- tituek, New York for a variance in accordance with the Zoning Ordinance, Artiete VII, Section 100-70 and Bulk Schedule for permission to construct addition with insufficient rear yard area. Location of property: East side Love I~ne, Mattituck, New York, bounded on the north by Raanor- Surer; east by Lois Barker; south by Lois Barker; west by L",,e Lane. 9:35 P.M. (E.S.T.) upon ap- plication of James H. Ackerman, Mountain Lake, Lake Wales, Florida (Clay A. Terry, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30-31 C 2 A & 100-35 for permission to obtain relief from the C~le requirements for fen- cing relative to in-ground swimming pools. Location of property: Private Road, Fishers Island Estates, Fishers Island, New York, bounded on the north by E-W Road; east by M. Wray; south by M. Reid; west by Private Road; Block 3, Lot Fishers Island Estates. 9:45 P.M. (E.S.T.) upon ap- plication of Rowland A. Robbins, Fishers Island, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30-31 C 2 A and 100-35 to obtain relief from the Code requirements relative to fencing in-ground swimming pools. Location of property: Private Road, Fishers Island, New York, bounded on the north by Block Island Sound; east by O. An- demon; south by Private Road; west by H. Williamson & wf.; Block 25, Lot 8, Fishers Island Estates. 10:00 P.M. (E.S.T.) upon ap- plication of Robert Adipietre, Peconie Lane, Peconie, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 1~)- 30 and Bulk Schedule for per- mission to change lot lines and convert existing building to dwelling. Location of property: south side Leslie Road, Peeonic, New York, bounded on the north and west by Leslie's Road; south by Pontino; east by Indian Neck Lane. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: October 21, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 2833 1T027 COUNTY OF SUFFOLK, I ~ ss: STATE OF NEW YORK, j STUART C. DORMAN bet scrys that . .I:llg .... is Printer and Publisher of WEEKLY TIMES, a newspaper published at Gr countyI and that the notice, of which the anne copy, has been published in the su/d Suffolk once in each week, tar ONE sucCessively commencing on the .. day of . .Qc...T.°..l~..R- ,-. ....... 19..7.7. Sworn tO befo~e~ m~lis .. '~"/''" i~ ROTRBY PUBLIC, fleslding in Sut Clka. No. ~,omm~ion F~ e,-' 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 as the Town Hall, Main Road, Southold, New York, on Thurs- day, November 3, 1977, on the following appeals: 7:30 P.M. (E.S.T.) Recessed hea~4ng upon application of Virginia W. Suter, Beachwood Road, Cutchogue, New York for a variance to construct accessory building with insuf- ficient setback. 7:45 P.M. (E.S.T.) Recessed hearing upon application of Doris Hell, 1965 Bray Avenue, ~on of the Estate of Walter Washburn. Bay Ave- amc, East Marion, New York with the Zoning Ordinance. Article 111 Section 100-30 and Bulk Schedule, and the Tow~ Law, Section 280A for permis-~ sion to set off lot with insuf-~ ficient area and approval of access. Location of property: Right-of-way, west side Bay Avenue. East Marion, New York, bounded on the north by right-of-way, Radford east by Traffica, Schmtdt, Dahncke, ~ ors.; south by other land al applicant: west by right-of- way and Radford. 9:15 P.M. (E.S.T.) upon application of Marion M. Roussin c/o Mr. and Mrs. N~OX 'XJ, NflOD NOLLIOOV 12VH NgOt :oql s~ papaga~ aq I[!a~ ~aoa i1~ Io~ slogaluo~ a~l :pnol~ pug pauado ~pHqnd aq ~oql om~l qo!qa 1~ LL6I aoqma~oN uo om!& , '~'V 00:0I oaojoq ao uo IL6II '~aox ~aN 'ploqlnos 'p~o8 u!e~ g60~g HUH u~oz u~ ~alD u,~oz aq; ~q oq Ip~ ploq;nos Jo u~o~ aql Xq pal~auI 'sp!fl paI~ag pasofl u~oz oql ,iq paldop~ uollnlosaa ol luensand (gM) g/H L~/OI Lc 6paaoJd -de oq 'al~lS oql jo golg Xue u} soll}unlaoddo luom~old -mo o~oadm{ ol 'lso~ jo mnluaa aod 08 ol suo!l~o COUNTY OF SUFFOLK STATE OF NEW YORK Sherley Katz, being duly sworn, says that she is an Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ............ ~J. ......................... weeks successively, commencing on the ...~..L .............................. , /. day of .. ~ ............... , 19....l../ Sworn to before me this ........................ day at ........ TOWN OF SOUTHOLD BUILDING D~EPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated ~..~... .................................................. , 19 ...... :. ~ ~'.,~c ~, ~ ~ ~ ' ~.~......~,. .... for per~ ~t/~ ........ ~ .......... ~.~...at .he premises located at .~ ....... ~,?.....~ ....... ~ ................... Street ~ ~ n the following grounds . returned herewith and disapproved o .. "~ m~'""~'~ 'p~ ................................................................................................................... ..~....~..~7..~.~,~) ....... ~..~,... ~_~..... ~..:, ~ ......... .~ ................................................................... TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~j~ ~ ~ DATE ........0.g., .t..°. ~...e..r.... Z0 TO THE ZO_NING ~3OARD~ OF A~PDEAFS,_TO~yN OF. _SQUTHOLD, N..,Y 1 (We) Estate of Walter Washbur.n.. of ]~.~..,,~.~.e .......................................................... Municipality State THE ZONINGi BOARDER~O~ ~PF;EALS FROM THE DECIsIONDATEDO~ '~'HE BuILDING~/c~ ..-.~.~ 6~'[ ~.INSPI~TOR ON WHEREBY THE BUILDING NSPECTOR DENIED TO (x) E s t at e...o.f...~i.t e .r....W..,a..s...h..b.p~.r..n.. .......................... Name of Applicant for permit of .................................................................................. Street and Number Municipality State PERMIT TO USE for one family dwelling PERMIT FOR OCCUPANCY (x) Approval of access 1977 1 LOCATION OF THE PROPERTY .~¥~/.~......B.a~..~,.~..e. ....... Street ..... · .x~. - · · .~. ,m, .i.z?. ,r..- ..s..u...b..d-..i.~..i..s. ?r.,°.n.!... z~x ................ East IVECO ~JO. Lot No. ................................ ::A~...distr. iat.. Use District on Zoning Map Marion N4Y. 2, PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section aha Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Art III sectio~ 100-_~0 & ~ na~a~ ~ &p~r~v~ n~ a~eess 2~Oa 3 TYPE OF APPEAL AppeaJ is maae herewith for (X) A VARIANCE to the Zoning Ordin.ance or Zoning Map (X A VARIANCE di~e -to lack of access. (State'of New York Town _aw Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4 PREVIOUS APPEAL A previous appeal (J~r,~(has not) been made with respect to this decision of the Building inspector or with ~espect to th]~ property. : Such appeal was ~ ~ request fo[ a special permit ( ) request for c variance and was made in Appeal No ................................. Dated ...................................................................... (x) ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance requested forthe reason that : It is proposed to reserve a right of way for future use of residents thus reducing the area of lots in question Transfer of ownership of r~ght-of-way to Road Association would leave Lots 3 and 4 undersized and mpparently not eligible for a building permit. (Continue on othe_r )ide) REASON FOR APPF-.AL Continued 1. STRICT APPLICATION OF THE ORD!NANCE would produce practical difficulties or unneces- sary HARDSHIP because proposed Road Association would not be able to own the fee of the entire road which it is being created to maintain~ Should this road be dedicated to the Town of Southold at some future date~ it would create problems in the transfer of ownership. Also the Road Association clearly would not have the same control over this portion of the road as over the remainder and these two property owners would be assuming an element of liability resulting from the ownership and use of the road not shared by the sim remaining members of the Road Association. 2. The hardship created is UNIQUE and is not shared by aH properties alike in the immediate vicinity of this property and in this use district beccuse Lots 3 and 4 of this minor subdivision are the only lots for which the owners are burdened by the ownership of the common~ right-of-way~ The owners of these lots can derive no benefit from this ownership whatever to compensate for the liabilities involved, 3. The Variance would observe the spirit of the Ordinance and WOULD NOi CHANGE THE CHARACTER OF THE DISTRICT because in fact there would be no physical change whatever in the properties involved. The lot lines remain unchanged~ the houses would be located exactly the same as provided by the approved minor subdivision~ The only change would be the fee ownership of the common right-of-way~ This proposal was prompted by the request for a malntenance agreement by the neighbors along the road and endorsed by the Planning Board~ We believe the whole co~nity will benefit from this plan. Executor~ Est~te,,of Walter W~ Washburn Sworn to this ................. ,~....~...~.~..~.:.i.~i.. day o¢ ................... ~.....~,¢......[~...,(~> 6 .......... ]9 -7 7 /~' Notary Public ~ DECLARATION AND AGREEMENT WILLIAM W. SCHRIEVER, as Executor of the Estate of Walter W. Washburn, and ERNEST ~. RADFORD, as surviving tenant by the entirety, being the fee owners of a common right-of- way with a private road constructed thereon, hereinafter referred to as the "Road" which premises are hereinafter described as Schedule '~", and GEORGE G. LONG, SUSAN E. LONG, WILLIAM W. SCHRIEVER, as Executor, ERNEST G. RADFORD, as surviving tenant, STUART ANDERSON, MIRIAM ANDERSON, GEORGE W. SMITH, BARBARA MARIE SMITH, PHILLIP H. KOCH, and MARIE F. KOCH, being all of the owners of eight lots abutting the Road and depending on it for access, hereinafter referred to as the '~ots" which are hereafter described on the schedule annexed hereto, for the purpose of providing for the ownership, main- tenance and improvement of said Road, do hereby declare for themselves, their respective heirs, executors, administrators, successors and assigns, in consideration of the premises, and~ hereby make known, publish and declare, covenant and agree that the entire premises described herein, including both the Road and the Lots abutting thereon, shall hereafter be subject to the agreements, covenants and restrictions enumerated herein which shall be considered real covenants running with the ~and and binding upon all purchasers, owners, mortgagees, lienors and such other persons acquiring an interest in said premises, and do further covenant and agree as follows: (1) That a mutual non-profit corporation under the laws of the State of New York shall be formed having, at least initially, eight memberships, 6ne for the owner or owners of each of these eight Lots. The Certificate of Incorporation of this corporation shall specify among the purposes of the corporation the ownership, maintenance and improvement of this .. Road together with the transaction of such other business as may be permitted by law. (2) That immediately upon the organization of the corporation, William W. Schriever, as Executor of the Estate of Walter W. Washburn, and Ernest G. Radford, as surviving tenant by the entirety, together the fee owners of the Road, shall convey title thereto to the corporation. (3) That the by-laws of this corporation shall provide: (a) '~hat each such membership shall be entitled to one vote at all elections and on all matters that may come before a meeting of the corporation, with it being specifically stated that should any two or more member- ships be held by one owner o~group Qf owners, said owner or owners shall be entitled to as many votes as the number of Lots which he or they own. (b) That the affirmative vote of a simple majority of the total membership of such corporation shall be required for the conduct of the business of the corporation with voting by proxy permitted, and that no assessment of the membership shall be voted at any meeting unless the call of the meeting shall state the amount of the assessment to be voted on and its purpose. (c) That th~ corporation shall have the power to assess the owner or owners of each Lot an equal share of the cost of any i~provements or other necessary services to the Road as voted by a simple majority of the total membership at a meeting called for such purpose; acting in the same manner the corporation shall have the power to assess a particular ~t owner the cost to repair damage to the Road caused by activities specifically related to his particular Lot; such assessments by the corporation shall be a charge against the Lots of the respective members until the assessment is paid in full; the corporation shall have the right and power to bring actions against the owners of a Lot for the collection of such charge and to enforce the lien therefor. (d) That in the event a proposal is made to the corporation to extend the Road to provide access to lots not then abutting the Road, the corporation, by a majority vote of the total membership at a meeting called for such purpose, may reject such proposal; but, if such (2) a proposal is made by either the Planning Board or the Town Board of the Town of Southold and is rejected by the corporation, the corporation shall then offer to dedicate the Road to the Town of Southold. (e) That the corporation may be dissolved by the affirmative vote of two-thirds of the total membership at a meeting called for such purpose; and in that event the corporation shall offer to dedicate the Road to the Town of Southold. If the Town of Southold refuses to accept the Road in dedication and the corporation is dissolved, then that portion of the Road to its center-line abutting any lot shall revert to the owner of said lot whether such lot is represented in this ~greement or not, and the entire Road shall be burdened with a common easement running in favor of each Lot owner then represented in flis Agreement or then owning a portion of the Road in order to assure him access from Bay Avenue. (4) William W. S~hriever and Ernest G. Radford shall sign the Certificate of Incorporation as incorporators. The incorporators shall adopt the initial by-laws and shall endeavor to secure corporate approval and ratification of this ~greement through the corporate directors and officers, it being understood that any act or promise to be performed by the corporation is subject to the approval of a corporation through its duly constituted directors and officers after incorporation. (5) That the right and privilege to use the Road described herein shall be an easement attached to each and every Lot represented in this Agreement, now or in the future. However, each Lot owner hereby covenants and agrees that in the event the corporation proposes to dedicate the Road to the Town of Southold and the Town of Southold accepts the Road, any required release or other instruments necessary to complete the dedication of the Road will be executed by such owner without delay. (3) (6) That in the event am additional ~ot is created by subdivision of one or more of the Lots represented in this Agreement or access to a lot abutting the Road but not repre- sented in this Agreement is proposed such lots shall be granted membership in the corporation under the same terms and condi- tions as each of the existing memberships including the re- ,quirement that this Agreement be on record and that such lot or lots be burdened with the covenant and agreement herein as a covenant running with the land. The owner or owners of each such lot granted membership pursuant to this agreement, shall, as a condition of membership, execute any instruments required to give effect to this agreement. (7) That the foregoing covenants and restrictions are intended to cover the described real property only and are not to be extended to any other property of the parties hereto unless this Agreement is on record as a covenant running with said property. .~ (8) And that invalidation of any one o~ these covenants, in whole or in part, by judgment or court order or otherwise~ shall not affect any of the other provisions which shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto haw set their hands and seals this day of October, 1977. George G. Long William W. Schriever, Executor Stuart Anderson Susan E. Long Ernest G. Radford Miriam Anderson George W. Smith Barbara Marie Smith Phillip H. Koch Marie F. Koch (4) STATE OF NEW YORK ) COUNTY OF SUFFOLK5ss': On the day of October, 1977, before me personally came GEORGE G. LONG and SUSAN E. LONG, to me known to be the individuals described in add who executed the foregoing instrument, and acknowledged that they executed the same. Notary Public STATE OF NEW YORK ) SS.: COUNTY OF SUFFOLK ) On the day of October, 1977, before me personally came WILLIAM W. SCHRIEVER, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. Notary Public STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: ~-- 'On the day df October, 1977, before me personally came ERNEST G. RADFORD, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. Notary Public STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: On the day of October, 1977, before me personally came STUART ANDERSON and MIRIAM ANDERSON, to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that they executed the same. Notary Public STATE OF NEW YORK ) COUNTY OF SUFFOLK5ss': On the day of October, 1977, before me personally came GEORGE W. SMITH and BARBARA MARIE SMITH to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that they executed the same. Notary Public -5- STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: On the day of October, 1~77, before me personally came PHILLIP H. KOCH and MARIE F. KOCH, to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that they executed the same. Notary Public -6- SCHEDULE "A" BEGINNING at a point o*1 tile westerly line of Bay Avenue about 650 feet southerly; along said westerly lille from Matll Road, said point of beginning being tile southeasterly corner of land of Koch; proceeding along said westerly line of Bay Avenue the following two courses: (I) South 29 degrees 06 minutes 40 seconds East 9.04 feet and (2) South 34 degrees 12 minutes 40 seconds East 40.99 feet to land of~'Loug~,~t~en~ along said land of Long and land nbw or folm~erly of Waiter W. Washburn the following three courses: South 56 degrees 35 minutes 20 seconds West 293.01 feet, (2) South 34 degrees 12 minutes 40 seconds East 300.00 feet~ and (3) South 56 degrees 35 lntnutes 20 seconds West 50.00 feet to land of Ernest G. Radford; thence along said land of Radford and land of Anderson North 34 degrees 12 minutes 40 seconds West 300.00 feet; thence along said land of Anderson South 56 degrees 35 mtnute% '*(1 ,~ne,,,,~,]:; Uest 97.98 feet to other land of Radford; thence along , ,last mentioned ~g said qand of Radford North 28 degrees 22 minutes 50 seconds West 50.19 feet [o land of Smith; thence along said la~d of Smith and lands of Koch North 56-degree,s 35 minutes 20 sec6nds East 436.69 feet to the wesEerly lille of Bay Avenue and the point or place of BEGINNING, containing 0.8476 acres. SUBJECT TO a COlmnoil~ right-of-way over the entire premises. DESCRIPTION OF LOT 4 OF WAStlBURN SUBDIVISION BEGINNING aC a point ell the westerly line of Bay Avenue about 700 feet southerly along said westerly line from Main Road, said point of beginning being the point of intersection of the southerly line of a right-of-way now or formerly owned by Walter W. Washburn al~d tile westerly line of Bay Avenue; proceedll~g alo~g said westerly line of Bay Avenue South 34 degrees 12 minutes 40 seconds East 24.97 feet to land of Traffica; thence along said land of Trafftca and land of Sclnnidt the following two courses: (1) S~uth 56 degrees 35 minutes 20 seconds West 150~01 feet and (2) South 34 degrees 12 minutes 40 seconds East 186,98 feet to land now or formerly of Washburn; thence along said land of Washburn South 55 degrees 47 minutes ?0 seconds West 142.98 feet to said right-of-way of Walter W. Washburn; thence along said right-of~way of Washburn the following two courses: (1) North 34 degrees 12 minutes 40 seconds West 213.95 feet and (2) North 56 degrees 35 minutes 20 seconds East 293.01 feet to the westerly line of Bay Avenue and tile point or place of BEGINNING, contain~ng 0.7850 acres. BEING AND INTENDED TO BE the same premises conveyed to George G. Long and Susan E. Long, his wife, by deed recorded In Ltber at Page DESCRIPTION OF LO~ 2 OF WASNBURN SUBDIVISION BEGINNING at a point on the souti~erly line of a right-of-way now or for,lerly owned by Wt~lter W. Washburn, said point of beginning being distant from the intersection of the southerly line of said right-of-way of Washburn with the westerly line of Bay Avenue the following three courses: (1) South 56 degrees 35 mtnutes 20 Seconds West 293.01 feet, (2)TM South 34 degrees 12 minutes 40 seconds East 300.00 feet, and (3) Squth 56 degrees 35 minutes 20 seconds West 25.00 feet; proceeding along land now or formerly of 'Washburn the following two courses: (1) South 34 degrees 12 minutes 40 seconds East 152.43 feet and (2) North 55 degrees 47 minutes 20 seconds East 167.98 feet to land now or fo~erly of Myles; thence along said land of Myles and lands now or formerly of Novak and Anderson South 34 degrees 12 minutes 40 Seconds Eas~ 150.00 feet to other land of Washburn; thence aleng last said land of Washburn South 55 degrees 47 minutes 20 Seconds Wes~ 234.09 feet to land of Radford; thence along said land of Radford the following two courses: (1) North 29 degrees 23 minutes 20 seconds Wes~ 304.07 feet and (2) North 56 degrees 35 minutes 20 seconds East 15.55 feet to the south- westerly corner of a rtght-?~-way now or formerly owned by Radford; thence a~i~ng th~ southerly line of said right-of-way of Radford North 56 degrees 35 minutes 20 seconds East 25.00 feet to the center-line of the entire right-of-way and the point or/pla~e of BEGINNING, containing O.9491 acres. DESCRIPTION OF LO'f 3 OF WASIIBURN SUBDIVISION BEGINNING at a point on the easterly line of a right-of-way now or formerly owned by Walter W. Washburn, said point of beginning being the southwesterly corner of land of George G. Long and Susan E. Long and being distant from the intersection of the southerly line of said right-of-way of Washburn with the westerly line of Bay Avenue tile following two courses: (1) South 56 degrees 35 minutes 20 seconds West 293.01 feet and (2) South 34 degrees 12 minutes 40 seconds East 213.95 feet; proceeding along said land of Long North 55 degrees 47 minutes 20 seconds East 142.98 feet to land of Sctunidt; thence along said land of Schmidt and lands now or formerly of Dahncke, Rackett, and blyles South 34 degrees 12 minutes 40 seconds East 238.13 feet to land now or formerly of Washburn; thence along said land of Washburn the following two courses: (1) South 55 degrees 47 minutes 20 'seconds West 167.98 feet and (2) North 34 degrees 12 minutes 40 seconds West 152.43 feet to said right-of-way of W/ashburn; thence along said right-of-way of Washburn the followil)g two courses: (1) North 56 degrees 35 minutes 20 seconds East 25.00 feet and (2) North 34 degrees 12 minutes 40 seconds West 86.05 feet to the southerly line of land of Long and the point or place of BEGINNING, containing 0.8690 acres. DESCRIPTION OF LOT 4 OF RADFORD SUBDIVISION BEGINNING at a point at the southwesterly corner of a right-of way now or formerly owued by Radford, said point of beginning being distant from the intersection of tile southerly line of a right-of-way sow or formerly owned by Walter W. Washburn with the westerly line of Bay Avenue the following three courses: (1) South 56 degrees 35 ~inutes 20 seconds West 293.01 feet, (2) South 34 degrees 12 minutes 40 seconds East 300.00 feet, and (3) South 56 degrees 35 minutes 20 seconds West 50.00 feet, proceeding along land now or formerly of Washburn tile folJ~owing two courses; (1) South 56 degrees 35 lntnutes 20 seconds West 15.55 feet and (2) South 29 degrees 23 minutes 20 seconds East 477.18 feet, more or less, to the northerly shore of Marion Lake; thence westerly along the shore of Marien Lake 160 feet, more or less, to the point of intersection of the easterly line of land now or formerly of Walton C. Brooks Estate with the northerly shore of Marion Lake, said point of intersection being North 70 degrees 22 minutes 50 seconds West 153.00 feet, more or less, from the last described point as measured on a tie line along the shore of Marion Lake; thence a~long lla~d land of Brooks Estate the following two courses: (1) North 43 degrees 42 minutes 20 seconds West 259.55 feet and (2) North 28 degrees 22 minutes 50 seconds West 199.20 feet to land of Anderson; thence along said land of Anderson North f~6 degrees 35 minutes 20 seconds East 168.57 feet to the westerly line of a right-of-way now or formerly owned by Radford; theuce along said right-of-way of Radford South 34 degrees 12 minutes 40 seconds East 100o00 feet to land of Washburn and tile point or placo of BEGINNING, containing 1.646 acres, more or less. DESCRIPTION OF LOT 3 OF RADFORD SUBDIVISION BEGINNING at a point at the southwesterly corner of the westerly spur of a rtght-~)f-way now or formerly owned by Ernest G. Radford, said ~)int of beginning being distant from the iutersectton of the northerly line of said right-of-way of Radford with the westerly ltne of Bay Avenue the following two courses: (1) South 56 degrees 35 minutes 20 seconds West 436.69 feet and (~) South 28 degrees 22 minutes 50 seconds East 50.19 feet; proceeding along the southerly and westerly lines of said right-of-way of Radford the following two courses: (1) North 56 degrees 35 minutes 20 seconds East 97.98 feet and (2) South 34 degrees 12 minutes 40 seconds East 200.00 feet to land of Radford; thence along said land of Radford South 56 degrees 35 minutes 20 seconds West 168.57 feet to land of Walton C. Brooks Estate; thence along said land of the Brooks Estate North 28 degrees 22 minutes 50 seconds West 200°75 feet to other land of Radford; thence along last said land of Radford North 56 degrees 35 minutes 20 seconds East 50.19 feet to said right-of-way of Radford and the point or place of BEGINNING, containing 0.7271 acres. ~ - BEING AND INTENDED TO B~ the same premises conveyed to Stuart Anderson and Miriam Anderson, his wtfe, by deed recorded in Liber 7728 at Page 259. DESCRIPTION OF RADFORD'S HOME PROPERTY BEGINNING at a point at the northwesterly corner of a right-of-way now or formerly owned by Ernest G. Radford, said point of beginning being the southwesterly corner of land of George W. Smith and Barbara Marie Smith and being distant from the intersection of the northerly line of said right-of-way of Radford with the westerly line of Bay Avenue South 56 degrees 35 minutes 20 seconds West 436.69 feet; proceeding along the westerly line of said right-of-way of Radford South 28 degrees 22 minutes §0 seconds East 50.19 feet to land of &U~erson; thence along said land of Anderson South 56 degrees 3§ minutes 20 seconds West 50.19 feet to land of Walton C. Brooks Estats; thencs along seid land of the Brooks Estate North 28 degrees 22 minutes 50 seconds West 659.05 feet to the southerly line of Main Road; thence along the southerly line of Main Road North 50 degrees l& minutes 10 seconds East 15&,30 feet to land of Gardiner; thence along said land of Gardiner end land of Dean the following two courses: (1) South 28 degrees 25 minutes 50 seconds East 155,80 feet and (2) South 27 degrees 46 minutes 30 seconds East 320.37 feet to land of Smith; thence along said land of Smith the following two courses: (1) South 56 degrees 35 minutes 20 seconds West 98.&0 feet and (2) South 28 degrees 22 minutes 50 seconds East 150.13 feet to the north- erly line of said right=of-way of Radford and the point or place of BEGINNING, containing 1.8414 acres. DESCRIPTION OF L(Yr 2 O1,' RADI"ORD SUBDIVISION BEGINNING at a point on the northerly line of a right-of-way now or formerly {)wried by Ernest (;. Radford, said p~)int of begtnnit~g b{.,ing the southwesterly corner of land of Phtlllp 11. Koch and Marie F. Koch and being distant from the intersection of the northerly line of said right- of-way of Radford with the westerly line of Bay Avenue Suuth 56 degrees 35 minutes 20 seconds West 293.00 feet; proceeding along the northerly line of said right-of-way of Radford South 56 degrees 35 minutes 20 seconds West 143.69 feet to land of Radford; thence along said land of Radford North 28 degrees 22 minutes 50 seconds West 150.13 feet; thence along said land of Radford and land of Dean North 56 degrees 35 minutes 20 seconds East 141.77 feet to land of Koch; thence along said land of Koch South 29 degrees O6 minutes 40 seconds East 150.OO feet to the northerly line of said right-of,way of Radford and the point or place of BEGINNING, containing 0.4901 acres. BEING ~D INTENDED TO BE the same premises conveyed to George W. Smith and Barbara Marie Smith, his wife, by deed recorded tn Ltber 7091 at nP~ge 172. DESCRIPTION OF LOT 1 OF RADFORD SUBDIVISION BEGINNING at a point on the northerly line of a right-of-way now or formerly owned by Ernest G. Radford, said point of beginning being the southwesterly corner of land formerly of Rackett, later of Rose, and now of Koch And boing distant from the intersection of the northerly line of said right-of-way of Radford with the westerly llne of Bay Avenue South 56 degrees 35 minutes 20 seconds West 150.00 feet; proceeding along tl~ northerly line of said right-of-way of Radford South 56 degrees 35 minutes 20 seconds West 143.00 feet to land of Smith; thence along said land of Smith North 29 degrees 06 minutes 40 seconds West 150.00 feet to land of Dean; thence along said land of Dean North 56 degrees 35 minutes 20 seconds East 143.00 feet to land of Proios; thence along said land of Proios and land formerly of Rackett and now of Koch South 29 degrees 06 minutes 40 seconds East 150.00 feet to the northerly line of said right-of-way of Radford and the point or place of BEGINNING, containing 0.4910 acres. BEING AND INTENDED TO BE the same premises conveyed to Philltp Il. Koch and Marie F. Koch, his wife, by deed recorded in Ltber 6914 at Page 127. CERTIFICATE OF INCORPORATION OF MARION ROAD ASSOCIATION, INC. INC. The undersigned hereby certify: (~) The name of thecorporation is MARION ROAD ASSOCIATION, (a) it of the assets, (2) The corporation is a corporation as defined in sub-paragraph (5) of Section 102 of the Not-For-Profit Corporation Law in that is not formed for pecuniary profit or financial gain, and no part income or profit of the corporation is distributable to, or enures to the benefit of its members, directors, or officers or any~private person except ~o the extent permissible under the Not-For-Profit Corporation Law. (3) The purposes for wh,~ch the corporation are formed are to promote and encourage the acquisitidn, maintenance, use and safety of a certain private road located in the Hamlet of East Marion, County of Suffolk, State of New York; which road. is described as: BEGINNING at a point on the westerly line of Bay Avenue about 650 feet southerly along said wes- terly line from Main Road, said point of beginning being the southeasterly corner of land of Koch; proceeding.along said westerly line of Bay Avenue the followzng two courses: (1) South 29 degrees 06 minutes 40 seconds East 9.04 feet and (2) South 34 degrees 12 minutes 40 seconds East 40.99 feet to land of Long; thence along said land of Long and land now or formerly of Walter W. Washburn the following three courses: (1) South 56 degrees 35 minutes 20 seconds Wes~t 293.01 feet, (2) South 34 degrees 12 minutes 40 seconds East 300.00 feet, and (3) South 56 degrees 35 minutes 20 seconds ' West 50.00 feet to land of Ernest G. Radford; thence along said land of Radford and land of Anderson North 34 degrees 12 minutes 40 seconds West 300.00 feet; thence along said land of Anderson South 56 degrees 35 minutes 20 seconds West 97.98 feet to other land of Radford; thence along said last mentioned land of Radford North 28 degrees 22 minutes 50 seconds West 50.19 feet to land of Smith; thence along said land of Smith and lands of Koch North 56 degrees 35 minutes 20 seconds East 436.69 feet to the wes- terly line of Bay Avenue and the point or place of BEGINNING, containing 0.8476 acres. and for this purpose to: (a) pay taxes, if any, on said road or other real property acquired by the corporation; (b) supplement municipal services; (c) enforce any covenants, restrictions and agreements applicable to the property acquired by the corporation; and (d) to do any other, act or thing incidental to or con- nected with the foregoing purposes or in advancement thereof, but not for the pecuniary profit or financial gain of its members, directors or officers, except as permitted under Article 5 of the Not-For-Profit Corporation Law. (4) The corporation is a Type A corporation under Section 201 of the Not-For-Profit Corporation Law. (5) The office of the corporation shall be located in the Town of Southold, County of Suffolk, State of New York. (6) The territory in which the corporation's activities are principally conducted is the Town of Southold, County of Suffolk and State of New York (7) The post office address to which the Secretary of State shall mall a copy of any notice required by law is (8) The agent of the corporation is (9) No approvals or consents are required by the Not-For- Profit Corporation Law or by any other statute of the State of New York. -2- Gary F1anNer OLsen COUnSellOR At LAW P. O. BOX 38 - MAIN ROAD · MATTITUCK, LONG ISLAND, NEW YORK 11952 · PHONE 516 298-4844 December 27, 1977 Re: Estate of Washburn to Pohlig File # 2218 Dear Mary: Please be advised that I represent the Purchasers of Parcel Number 3 of the Minor Subdivision of the Walter Washburn Estate. Please ~dvise if the Zoning Board has approved an GFO/clr ./ - G~ER OLSE~ Southold Town Zoning Board of Appeals Main Road Southold, New York 11971 Attention: Mary CC: Charles Cuddy, Esq. 108 East Main Street P.O. Box 279 Riverhead, New York 11901 P JOHN ~CKHAM, Chairman FRANK S. COYLE HENRY E. RAYNOR, Jr. FREDERICK E. GORDON JAMES WALL Southold, N.Y. 11971 November 2, 1977 TELEPHONE 765 - 1938 Mr. Robert Gillispie, Jr., Chairman Southold Town Board of Appeals Town Hall Southold, New York 11971 Dear Mr. Gillispie: You will note from the minutes of the Planning Board that have been sent to the Appeals Board that William Schriever has a problem with the Washburn Estate minor subdivision. The Planning Board is sympathetic. As a matter of fact, we are generally recommending that not only streets in subdivisions but rights-of-way be owned and maintained by a property owners' association and have recommended it in this case. The problem rises in that, if the right-of-way is conveyed to the property owners' association, lots become undersized. It is our understanding that the developer of this minor subdivision is petitioning for a variance to achieve the ends recommended by the Planning Board and by the adjacent property owners and we would generally favor such a variance. Very sincerely, John Wickham, Chairman Southold Town Planning Board JW/mb Copy to William Schriever O JUDITH T. TERRY TOW~ CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 October 20, 1977 From: Re: to: JTT/bn cc:file Southold Town Zoning Board of Appeals Judith T. Terry, Town Clerk Application of William W. Schriever,Trustee & Administrator for the Estate of Walter W. Washburn - for a variance, Appeal No. 2360 I haveon file in my office notification by certified mail Mrs. A. Traffica, Bay Avenue, East Marion, Mrs. Mr. Mr. Mr. Mr. Mr. Mr. N.Y. 11939 Rita Schmidt, Bay Avenue, East Marion, N.Y. 11939 & Mrs. H. Dahncke, Bay Avenue, East Marion, N.Y. 11939 & Mrs. Linwood Rackett, Bay Avenue, East Marion, N.Y. 11939 & Mrs. A.W. Myles, Bay Avenue, East Marion, N.Y. 11939 Ernest G. Radford, Main Road, East Marion, N.Y. 11939 & Mrs. Victor F. Novak, 44-11 30th Ave., Long Island City, N.Y.111( & Mrs. Stuart Anderson, 22 Sea Cliff Avenue, Sea Cliff, N.Y. 11579 udith T. Terr rk O O BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter of the Petition of : : Estate of Walter Washburn : to the Board of Appeals of the Town of Southold : TO: NOTICE YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special, Exception) (Special Permit) (the following relief: Variance 2. That the pro~.erty which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Al: ROW- Ernest Radford; E: Bay Ave; Traffica; Schmidt... Dahncke; Rackett; Myles; Novak; S: Other land of applicant; W: Ernest Radford~ ROW. 3. That the property which is the subject of such Petition is located in the following zoning district: hA" district 4. That by such Petition, the undersigned will request the following relief: set off lot with less than $0,000 ft area and approval of access requirements That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare: Art III aection 100-30 & Bulk schedule & Town Law section 280a 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: October 20 1977 Petitioner Trustee & Estate administ~;.ator Post Office Address ¥~in Road Orient N.Y. NAME PROOF OF MAILING OF NOTICF ADDRESS Mrs. A. Trafftca, Bay Avenue, East Marion, N. Y. 11939 Mrs. Rtta Schmidt, Bay Avenue~ East Marton~ N. Y. 11939 Mr. & Mrs. H. Dahncke, Bay Avenue, East Marion~ N. Y. 11939 Mr. & Mrs. Linwood Rackett, Bay Avenue, East Marton~ N. Y. 11939 Mr. & Mrs. A. W. Myles;, Bay Avenue, East Marion, N. Y. 11939 Mr. Ernest G. Radford, Main Road, East Marion, N. Y. 11939 Mr. & Mrs. Victor F. Novak, 44-11 30th Avenue, L~ng Island City, N. Y. 11103 Mr. & Mrs. Stuart Anderson, 22 Sea Cliff Avenue, Sea Cliff, N. M. 11579 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: William W, Schrtever , residing at Main Road, Orient, N. Y. 11957 , being du[y sworn, deposes and says that on the 20th day of October ,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 of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at Orient. N, Y, 11957 ; that said Notices were mailed to each of said persons by (certified) (te(llltflgttfl) mail. ~ Sworn to before me this day of [LIZABETH ANN NEVILLE NOTARY PUBLIC, State of New York No. 52.8125850, Suffolk CouJl~,Y.~ Term Expires March 30, 19~/..~ ~ EAS~TERY MARION LAKE 9 62A(C) TOWN OF SOUTHOLD MARION LAKE TOWN OF SOUTHOLD qO Z ,e, n, Lc1 %,, Revisions KEY s.~4. ~ 40 E. BAY' H,DAHNCIKE ,,/,A,Y - ' ,,- Cd ri. 2 ~5.'20 46,~7r s~. rr:. 8BLSI' 2~6.70 I ?so f:2, l,"/'O: