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HomeMy WebLinkAbout1843 TOVVN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1843 Dated August 22, 1973 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Armond Bartos, Jr. Private Road East Marion, New York DATE DC~.....ll, 1973 Appellant at a meeting of the Zoning Board of'Appeals on 0c~ober 11, 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 ) Request for a variance to the Zoning Ordinance (X) Ap, provat of access 1973 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it. was determined ,that a special exception ( ) be ~ranted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed be~anse 9.'00 P.M. (E.S.T.), upon application of Armond B~rtos, Jr., Private Road, East Marion~ New York, for a variance in accordance with the Town Law, Section 280A for approval of access. Location of property: north side Main Road, East Marion on right of way bounded east by F. Cowan and other; west by R. Long; bou/lded north by De Nicola; east by right of wa~; south by I. C. Latham; west by George Cook and others. Fee paid $15.00. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce 'practical difficulties hardship because SEE ~EVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be ~hared by all properties alike In the immediate vicinity of this property and in the same use distrtcz because SEE REVERSE (c) The variance (dees) (doe~ not) ~serve the ~kit of the Ordinance a~ (would) changethe ~ara~er ~ thedi~rictbecause SEE REVERSE (would not) and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. be denied and .__/ /~, ~lll~ . I~INING BQARD.OF.~PPF, ALS ~ 9a~m~.~ ...... ,~ ~ .,. ~0 [ Marjorie McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission~ use access on property located on the north side of Main Road, East Marion. The findings of the Board are that applicant purchased Parcel No. Two in April of 1969. He received approval of the Board of Appeals for access on May 15, 1969. A condition of this approval was that the property in question should be used as one single building lot and only one single family dwelling shall be erected on this property. However, in January or February of 1970 applicant purchased Parcel No. i comprising 1,705 acres. The Board finds that the access in question is 8'3". Applicantts total acreage is 6.673 which includes Parcel No. 2 (4.968 acres) and Parcel No. 1 (1.705 acres). The Board finds that strict application of the Ordinance ~ would produce practical difficultiea or .unnecessary hardship; the hardship created is unique an~ would not be shared by all. · properties alike in the immediate v~cinity 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, Armond Bartos, Private Road, East Marion, New York, be GRANTED approval of access, as applied for, on property located on the north side of Main Road, East Marion on right of way bounded east by F. Cowan and other ; west by R. Long; bounded north by De Nicola; east by right of way; south by I. C. Latham; west by George Cook and others, subject to the following restrictions: 1. A condition of this approval is that there shall be no further division of property now or in the future of the diminished lot that will result from selling the property under application, which is irregularly shaped and divided 150' on the right of way and 310' in depth, comprising approximately l½ acres. The applicant is restricted to selling his property for a single family dwelling, and the property remaining to Mr. Armond Bartos shall continue to be used as a building lot with a single family dwelling unless suitable access is obtained. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. ~egal notice Page 2 8:~0 P.M. ( E.D.S.T.)~ upon application of Kenneth Ketcham~ Main Road~ East Marion~ New York for a variance in accordance with the Zoning 0rdinance~ Article III~ Section ~00C-~a for permission to store and work on private boat over 20' in length in an "A" District. Location of property; north side Main Road~ East Marion bounded north by Schrader & Wallace; east by Preston; south by Main Road; west by S. Boken & right of way. 8:~0 P.M. ( E.D.S.T.)~ upon application of Robert Kolyer, 208 Christian Avenue~ Stony Brook~ New York for a variance in accordance with the Zoning 0rdinance~ Article III~ Section ~O1 and Bulk Schedule for permission to divide property into two lots with less than required width. Location of property: south side Bayview Road~ Southold bounded north by Bayview Road; east by La Rocca~ Marini~ Blakeman & others; south by Corey Creek~ Gozzola west by Schroeder~ Darnell. 9:00 P.M. ( E.D.S.T.)~ upon application of Armond Bartos~Jr.~ Private Road~ East Marion~ New York for a variance in accordance with the Town Law~ Section 280 A for approval of access. Location of property: north side Main Road~ East Marion on right of way bounded east by F. Cowan and other~ west by R. Long; bounded north by De Nicola; east by right of way; south by I.C. Latham; west by George Cook and others. 9:10 P.M. ( E.D.S.T.)~ upon application of Donald A. Steph- enson~ Main Road~ Orient, New York for a special exception in accordance with the Zoning 0rdinance~ Article III~ Section ~OOB-1 for permission to alter existing building to a 2 (two) family occupancy. Location of property: off north side Main Road~ Orient on right of way bounded east by Scolielo, west by Burnham; bounded north by Long Island Sound; east by Terry and Lomas; south by right of way; west by Stephenson Beach Inc. and old Main Road. 9:00 P.M. (E.D.S.T.), upon application o/ Annand Barto~, Jr., Private Road, East Marion, ..New Y~rk for a variance in ac- Section 280 A~ access. Location of~ ~- :~- . :- north side Main Road, East Marion on right of way boanded east by F. Cowan and others, west by R. Lon~; bounded north by De Nicola; east by right of way; south by I.C. Latham; west by George Cook and others. 9:10 P.M. (E.D.S.T.), upon application of Donald A. Stephenson, Main Road, Orient, New York for a special exceptien in accordance with the Zoning Ordinance, Article III, Section 300B-1 for permission to alter existing building to a 2 (two) family occupancy. Location of property: off north side Main Road, Orient on right of way e bounded east by Scolielo, west by ,f Burnham; bounded north by e .: Long Island Sound; east bY Terry if and Lomas; south by right of way; west by Stepbenson Beach d Inc. and Old Main Road. 9:20 P.M. (E.D.S.T.), upon n application of Freddie Lawson, I, Sound Avenue, Mattituck, New n York for a variance in ac- LEGAL NOTICE cordance with the Zoning Or- dinance, Article HI, Section ~01 and Bulk Schedule for permission to sot off lot with less than required area. Location of property: Oak Place and Walnut Avenue, Mattituck, bounded north by Ruthinowski; south by the Long Island Railroad; west by Oak Place. 9:30 P.M. (E.D.S.T.), u~__n application of William Sorce11, · Do~wood Lane, Gardiner's Bay Estates, East Marion, New York for a variance in accordance with the Zoning Ordinance, Article IH, Section 301 and Bulk Schedule for permission m build an addition with reduced side yard. Location of property: Lots No. 95 and 96, Gardiner's Bay Estates, Dogwood Lane, East Marion, New York. LEGAL NOTICE 9f40 P.M. (E.D.S.T.), upon application of John Dinizio, 624 Main Street, Groenport, New York for a variance in ac- cordance with the Zoulng Or- dinance, Article III, Section ~01 and Bulk Schedule for permission to set off lot with less than required area. Location of property: south side of Brown Street, Greenport, bounded north by Brown Street; east by A. Dinizio; south by Tully and Braun; west by Pipes Cove Corporation. Any persan desiring to be heard on the above applieatior{s should appear at the time and place':: above specified. Dated: September 28, 1973 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS COUNTY OF SUFFOLK, ~ ss: STATE OF NEW YORK. Stuar~ C. Dorman being duly Sworn, says that ...h.e... is Printer and Publisher of ~he SUFFOLK WEEKLY TIMES, a newspaper pubtished ut Greenport, in said county; and that the notice;, of which the ~m-exed is u printed copy, Ires been published in the said Suffolk Weekly Times once in each week, tot .......... o.n.e.. {.1} ..........weeks successively commencing on the .......................... day of 0c~o .~..~ ........ 19 Sworn to before me this .... .....I .. ' ' Resf~in~ fi Suf~aik £ounty C,ks. No, 529366350 ~ Commission Expires March 30, 19 NOTICE OF HEARING~ Pursuant to Section 26'1 of the Town Law and the proviston~ of the Amended Building Zone Or- dinance of the Town of Southold, Suffolk County, New York, pub- lic hearings will be held by the Zoning Board of-Appeals of the Town of Sonthold, at the Town Office, Main Road, Southold, New York, on October 11, 19'13, on the following appeals: 8:00 P. M. (EDST), upon ap- plication of Lucile Mosback, Rose Hill, North Carolina, for ,~ var- Zoning Ordinance. Article IlL Section 301 and Bulk Schedule ior permission to divide and set off lots with existin~ buildings with less than required width and area· Location of property: south side Main Road, East Marion, bounded north by Main Road, Hames & others; east by William Park & others; south by Oardiners Bay; west by Parker. 8:15 P. M. tEDSTh upon ap- plication of Eugene Mazzaferro. 215 Oak Street, Orcenport, New anco with the Zoning Ordinance, Article IlL Section 301 and Bulk Schedule for permission to build new one family dwellings with property: Lot R0. 2, Oreenport Drive-in Park, Brown and Ninth Streets, Greenport, New York. plication of Clarice Blackburn. New Suffolk Avenue, Cutchogue, Section 280 A for approval of side of New Suffolk Avenue. Cut- chogue bounded north by New Suffolk Avenue; east by Case: south by Peconic Bay; west by LoCkWOOd: 8:40 P. M. (EDSTi, aport ap- plication of Kenneth Ketcham. Main Road, East Marion, New an~'~vlth ~the Zoning Ordinance. ~Atliel~',III, Section 300C-4a for permission to store and work on private boat over 30' in length in an "A' District. Location of property; north side Main Road, East Marion bounded nor'~h by Schrader & Wallace; /ernst by Preston: south by Main Road; west by S. Boken & right of way. 8:50 P. M. (EDST), upon ap- plication of Robert Koly~r, Christian Avenue, Stony Brook. cordancc with the Zoning Ordi- nance. Article HL Section 301 and Bulk Schedule for permission to divide property into two lots with less .than required width. Location of property: south side Bayview Road, Southold bound- ed north by Bayview Road; east by La Rocca, Marini, Blakeman & others; south by Corey Creek, 9:00 P. M. IEDST), upon ap- plication of Armond Bartos, Jr., F-irate Road, East Marion, New : for a variance in accord- a~ce with the Town Law, Section 28OA for approval of access. Location of property: north side Main Road, East Marion on right of way bounded east by P. Cowan and others, west by R. Long; bounded north by De Nicola; east by right of way; south by I. C. Latham; west by George Cook and others. 9:10 P. M. (EDST), upon ap- plication of Donald A. Stephen- son, Main Road, Orient, New York for a special exception in accordance with the Zoning Or- 300B-1 for permission to alter existing building to a 2 (t~vo) family occupancy. Location of property: off north side Main Road, Orient on right of way bounded east by Seolielo, west by Burnham; bounded north by Long Island Sound; east by Terry and Lomas; south by right of way; west by Stephenson Beach, Inc. and old Main Road. 9:20 P. M. (EDST), upon ap- plicatiun of Freddie L~wson, Sound Avenue, Mattituck, New York for a variance in accord- anco with the Zoning Ordinance, Article rii, Section 3Ol and Bulk Schedule for permission to set off lot with lesS than required area. Location of property: Oak Place and Walnut Avenue, Mat- tituck, bounded north by Ruth- lnowski; south by Long Island Railroad; west by Oak Place. 9:30 P. M. (EDST), upon ap- plication of William Scrrell, Dog- wood Lane, Gardiner's Bay Estates, East Marion, New York ~ar a variange in accordance with the Zoning Ordinance, Ar- ticle Ill, Section 301 and Bulk Schedule for permission to build an addition with reduced side yard. Location of property: Lots No. 95 and 96. Gardiner's Bay Estates, Dogwood Lane, East Marion, New York. 9:40 P. M. (EDSTt, upon ap- plication of John Dinizio, 624. Main Street, Grcenport, New York for a variance in accord- anco with the Zoning Ordinance Article III, Section 301 and Bulk Schedule for permisSion to set off lot with less than required area. Location of property: south side of Brown Street, Greenport, bounded north by Brown Street: east by A. Dlnizio; south by Tully and Braun; west by pipes Cove Corporation. Any person desiring to be heard on the above applications should appear at the time and place above specified. Dated: September 28, 19'19 BY ORDER OF THE SOU'rttOLD TO~;VN Dated: September 29, 19'13 ,F SUFFOLK NEW YORK · Whitney Booth, Jr., being duly sworn, says is the Editor, of THE LONG ISLAND - MA'Iq]TUCK WATCHMAN, o public news- ed at Southold, in Suffolk County; and that f which the o,nnexed is a printed copy, has been ~, said Long Island Troveler-Mottituck Watch- ;och week for ..... ~.,-~--.....~.../.d.. week~ , commencing on the ......................... om to be{ore me this ........... ~i ........... day of TOWN - -'~)V'/-~ER (.3. S--o-~..,~.~ STREET OF $OUTHOLD PROPERTY VILLAGE FORMER OWNER RES. SEAS. ~k-AN D IMP. N VL 3// TOTAL FARM DATE ,..~ ~,/,,', .. ', 9'//~ / 7 / RECORD CARD ,//,:,' ) SUB. ~,~- C, ACR. J TYPE OF BUILDING LOT Value Per Acre /o 7( FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DCX:K Total House Plot NEW FA~ Tilli:~bte Acre ~GE BUILDING CONDITION " NORMAL BELOW ABOVE Value cOLoR M. e~da. BR. o r FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y, NOTICE OF DISAPPROVAL File No .................. , ............. To:.Z,,.~.~ .:.~.~...Xd~.~...~:.... .... ·/~-~..~.~.~...~....~. 7. ............ Location of Property . ' o~-C: ............~ .............. : ....... ~uvaivisio~:~/d ....... F~ed Map No...: ............. Lot No.~ .......... .. :~.~:.~::..~:..'.~.. ~.z..~::~g:... ................. ~ ~ Bfiild~g Inspector RV 1/80 TOWN OF SOUTHOi. D, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~, (We) .... ..4~V~....~.~,J~. ................ o, ....................... ...~..:..~....~.....~..: ................... Name of Appellant Street and Number ..... ~,~..~....~....,~-4.0...~... ................................................................ ./~....~.. .......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON I APPLICATION FOR PERMIT NO. DATED ........................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY LOCATION OF T~E PROPER'~' ...~ -~,, ....... ~.....P~. ................................ ~.~.~, ~treet U. se District on Zoning Map 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL ~peal is made herewith for ( ) A VARIANCE to the Zoning Ordi~ce or Zoning Map (/ A VARIANCE due to lack of access (State of New York T~n ~w Chap. 62 ~s. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (~) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ~) A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ) ~s requested for the reason that Form ZB1 (Continue on other side) REASON FOR APPEAL Cantlnue~ I. STRICT APPLICATION OF THE ORDINANCE would produce practical difflcultlee or unnace~- 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because ~-~ ~ ~,(~u4J,~.~I ~ ~- 3. The Variance would observe the spirit of the Ordinance and WOULD I~IOT CHANGE THE CHARACTER O! THE DISTRICT because STATE OF NEW YORK COUNTY OF[uF?d SS Signature ............... ~.../. ..................... day Sworn to this of ......... ~-~....../..~... ........................... 19/.~ ' ~mmi~ion ~irm A~ ~, Southold Town Board of Appeals TOWN HALL, SOUTHOLD, N.Y. 11971 765-1809 To: From: Date: 3/7/83 MEMORANDUM FOR THE FILE 3/7/83 - Mr. Lessard informed ZBA office that upon inspection by Curt Horton, the Bartos' right-of-way appears to be satisfactorily improved. ZBA to inspect latter part of this week. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board o£ Appeals MAIN ROAD- STATE ROAD Z5 SOUTHOLD, L.I., N.Y. 11c~71 TELEPHONE (516) 765-1809 TO: FROM: DATE: SUBJECT: Vic Lessard, Administrator Building Department Jerry Goehringer January 31, 1983 Armand Bartos Right-of-Way - N/S Main Road, Appeals No. 1843 and 1239 East Marion Pursuant to your request of January 21st, please be advised that we have inspected the right-of-way in question, which has been the subject of a minor subdivision before the Planning Board since May 17, 1982. It is our recommendation that this right-of-way: (1) at the 8.25 width be leveled with a 2" mixture of bankrun and gravel to bind and consolidate existing materials; (2) at the 16' width, be cleared to a minimum width of 12 feet; (3) at the 16' width, be leveled with a 2" mixture of bankrun and gravel to bind and consolidate existing materials~a width of 12 feet; (4) the potholes be filled; (5) the entire length of the right-of-way should be cleared a height of 12 feet. 5/15/69 10/11/73 Mr. Bartos received approval of access ~#1239) provided land remains as a single building lot with one single dwelling. Bartos received ZBA 280-a conditional approval of access. (#1843) Conditions: One single building lot and no subdivision. 6/30/81 Mr. Fisher ~ave Disapproval for application on C/O for lack of Planning Board approval for subdivision of merged lots. 5/10/82 - PB granted a set-off on subdivision application with conditions on improving the private ri~ht-of-wav. 6/17/82 - Mr. Bartos filed Covenants and Restrictions on Subdivision 8/4/82 - Plannin~ Board requested John Davis' inspection of right-of-wav Der someone's request 8/5/82 8/17/82 Mr. Hindermann gave Notice of Disapproval on application for vacant land C/O due to noncompliance with PB 5/17/82 action. Mr. Davis submitted comments about improvement of ri~ht-of-wav and conflict if any Der complaint from neighbor about sand. 8/24/82 1/21/83 - PB notified William Price for Mr. Bartos that this matter about right-of-way was within ~urisdiction of ZBA rather than PB. ZBA received copies of resolution and Mr. Davis' ri~ht-of-wav report. ZBA office awaited aDDlication for variance for approval of access. (1973 approval of access was granted with two conditions, one being no subdivision of the premises. ZBA office does not know how Mr. Bartos wants to handle this problem resulting from the 1982 subdivision concernin~ the 280-a.) Pursuant to telephone conversation 3:20 p.m. today with Bill Price, Jr., Esq. for Mr. Bartos, Vic asked ZBA to inspect right-of-way for improvements and per PB require- ments of 5/10/82, and report back to Mr. Lessard (and PB?). TO'/,.~' OF SOUTBOLD, N"E~,V~O'I~I~ ~ ,. ACTION OF TIlE ZONING BOARD OF APPEAL~ Appeal No. '1~ Dated ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD Appellant at a meeting of the Zoning Board of Appeals on ' ~1 ~ was considered and the action indlcated 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 ( ) Request for a variance to the Zoning Ordinance ( ) appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance. and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because ~ ~l~.~t~ ~ ~ ,~t,l~.~l he I, ~ ~ 1~ 5~ 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardshio because practical difficulties or unnecessary (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same u~e district because (c) The variance (does) (d~es not) observe the spirit of the Ordinance and (~vould) change the character of the district because (would not) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that ~he previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. FORM ZB4 ZONING BOARD OF APPEALS ~ 5~a~e c~ lqew Y~k To~m Law, ~cct-Aon 290A, m prope~ located nor~h sade Main ~amt, ~a~ D HENRY E. RAYNOR, Jr., Chm;-man JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILNAM F. MULLEN, Jr. Southold, N.Y. 11971 TELEPHONE 765-1938 August 24, 1982 Mr. Gerard P. Goehringer Zoning Board of Appeals Southold Town Hall Southold, New York 11971 Re: Armand Bartos Dear Mr. Goehringer: The following action was taken by the Southold Town Planning Board at their regular meeting August 18, 1982. RESOLVED that the Southold Town Planning Board forward all corres- pondence to the Zoning Board of Appeals in regard to reports and improvements on the right of way to the property of Armand Bartos, Jr.t located at East Marion, as it falls within their jurisdiction. Enclosed please find report #206 and #234 submitted to this office by Inspector John Davis. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD (L-Y~A 0~tr~an/~embera Od~usan E. Long, Secreta~ Enc. {! ) Planning Board -- { i) ADDlican% or his Ag0nt ( ) Co~r to (~Original ~or ZBA tiZ~ HENRY E. RAYNOR, Jr.. Cha/rman JAMES WALL BENNETT ORLOWSK1, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. C Southold, N.Y. 11971 TELEPHONE 765-1938 August 24, 1982 Mr. William H. Price, Jr. Attorney at Law 828 Front Street Greenport, New York 11944 Re: Armand Bartos, Jr. Dear Mr. Price: Enclosed please find correspondence forwarded to the Zoning Board of Appeals regarding action taken by this board at our meeting of August 18, 1982. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD Enc. By Susan E. Long, Secretary ~0: Henr~ E. Raynor, Jr., Chairmsn Southold To~en Planning ~oard .W~DM: John W. Davis RETORT NO. 23h DAME: August 17, 1982 RE: AF~fOND BARTOS ~'iIN©R ST~BDI~rISION AT FAST PL~RION ACCESS ROAD FROM STATE ~f. TO LOT NO. 1 C(~Mi~EN TS: I inspected the road materiml recently placed in the 8.25 ft. width R.O.W. ~his material is a mixture of sard and small gravel. It has considerably more sand than gravel and hardly any loam. Traffic ha rutted this mixture almost down to the original surface leaving the center and edges of the road high. A bank run sand and gravel r~terial with emc~gh loam to bind ard consolidate the s~ud and gravel should have been used. As noted in your letter of August 4th, (comments by propertf o~ners), bicycle and motor biMe traffic probably could not use this section of road in its present condi~on. I could not see any draina6Bproblem in the 8.25 R.O.W. Was advised by an adjacent, property o~er that the msterial used in the road came from *he L~tham Sandpit. He did not know who placed it. It apoears that some of the same material was used in ~he 16 ft. R.O.W. about to the above-mentioned sandpit. Tois road is not rutted and allthough the top layer l"*- is loose, it is in pretty good condition. My report No. 206, did not call for any additions1 mmterial on the road in the 16 ft. width R.O.W. ~he road in the narrow R.O.W. could be corrected by reshaping the stand and gravel, placing a layer of loam at s~ l" or more depth and thc~oughly mix it with the other materials. TC: Henry E. Raynor, Jr., Chairman Report No. 206 Southold Town Planning Board Date: November 27, 1981 FROM: John W. Davis Re: Armand Bartos Plinor Subdivision at East harion Access Road from State Hwy. to Lot No. I CO~ENTS: ~he Van Thyl survey of the subdivision also shows a R.O.W. ~rom the State Hwy. to the end of the property (Lot No. 1). ~he first 370 ft.~: show~ a R.O.W. width of 8 ft. The remaining R.O.W. length 2325 ft.~_ shows a width of 16 ft. Van ~hyl has certified surveys for other property owners along the 8 ft. R.O.W. indicating the width to be 8.25 ft. or one half a rod. There is some fencing and LILCO poles on the right side and also pole cutoffs on the left side. Measured distances between the LILCO poles and fences on the right and pole cutoffs on the left are 10.5 ft. at the entrance, 10.O ft. and ll.5 ft. at two other locations. ~he existing road in the 8.25 R.O.W. is ? ft.~_ in width with some stabilization. Making turns into this narrow road from the State Hwy.,even with clearances of about l0 ft. between obstacles, would be difficult for some types of emergency vehicles. The same roadway in the 16 ft. R.O.W. is 8 ft. to 9 ft. in width and is stabilized with sand and gravel all the way to the end of the subdivision. The profile follows the natural contours with no evidence of any drainage problems. There are few minor depressions throughout this length. ~his section of the existing road aopears to be satisfactory for emergency vehicles and the small amount of traffic that. will use it. RECOF~.,~ENDATIONS: %hat the 8.25 ft. R.O.W. be widened to 16 ft. to conform with the rest of the R.O.W. ~hat the existing road in the 8.25 ft. R.O.W. be upgraded with 3" of bankrun sand and gravel for s width of 9 ft. C FORM NO. 6 TOWN OF SOUTHOLD Building Department Town Hall Southold, N.Y. 11971 APPLICATION FOR CERTIFICATE OF OCCUPANCY Instructions A. This apptication must be filled in typewriter OR ink, and submitted in duplicate to the Building Inspec- tor with the follow ng; for new buildings or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic features. 2. Final approval of Health Dept. of water supply 'and sewerage disposal-(S-9 form or equal). 3. Approval of electrical installation from Board of Fire Underwriters. 4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa- tions, a certificate of Code compliance from the Architect or Engineer responsible for the building. 5. Submit Planning Board approval of completed site,plan requirements where applicable. B. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and pre-ex~stmg land uses: ' 1. Accurate survey of peoperty showing all property lines, streets, buildings and unusua~ na~'~'~'al or topographic features. · 2. Sworn statement of owner or previous owner as to use, occupancy and condition of buildings. 3. Date of any housing code or safety inspection of buildings or premises, or other pertinent informa- tion required to prepare a certificate. C. Fees: 1. Certificate of occupancy $5.00 2. Certificate of occupancy on pre-existing dwelling or land use $5.00 3. Copy of certificate of occupancy $1.00 Date August. 3, 1982 XX New Building ............. Old or Pre-existing Building ............ Vacant Land ............. Private Road East Marion Location of Property ................................ Street Hamlet House No. Armand Bartos, Jr. Owner or Owners of Property ............................................................ County/ax Map No. 1000 Section 022 Block 03 Lot 008. 001 Minor 2 ..... Made for Armand Bartos, Jr F ed Man No .' ......... Lot No .............. ~UDO V sion ............................... Permit No ........... Date of Permit .......... Applicant .............................. Heatth Dept. Approval ........................ Labor Dept. Approval ........................ Underwriters Approval ........................ Planning Board Approval , . Request for Temporary Certificate ..................... Final Certificate ....................... Fee Submitted$ 5.00 Construction on above described building and permit meets all appli_~ble~v~? _J;;~l regulations. william H. Pric~, 'J nc ~or Armand Bartos, Jr. Rev. 10-10-78 HENRY E. RAYNOR, Sr., Chairman JAXlES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCt[IE LATHAM, WILLIAM F. MULLEN, Jr. T0fi/~N 0FrS6U~I/OLD Southold, N.Y. t 1971 TELEPHONE 765-1938 August 4, 1982 Mr. John Davis Sterling Road Cutchogue, New York 11935 Re: Armand Bartos Right-of-Way Dear Mr. Davis: Our office has been contacted by two landowners, Mrs. Kenneth Ketcham and Mr. Robert Long, whose property abuts the right- of-way to the above captioned property. They stated objection to the improvements made on this right- of- way, Monday, August 2, 1982, which was reported as remov- ing sand from Latham's Sandpit and spreading it on the exist- ing hard-packed road. Concern was also expressed about possible runoff of rain water onto their property and the difficulty bicycles and motor operated bikes will have due to the sandy mixture used. As a result, we would request that you inspect this area and report your findings to this board so that we respond to the above complaints. Thank you for your cooperation. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, ~ecretary DECLARATION made this ~ day of J~ 19~2, by ARMAND BARTOS, JR., residing at 407 East 91st Street, New York, New York 10028, hereinafter called the "Owner" WHEREAS, the "Owner" has title 'to certain land situate, lying and being at East Marion, in the Town of Southold, County of Suffolk and State of New York, sai~ land hereinafter being more par- ticula~ly described; and WHEREAS, it is the "Owner"'s intention that the aforesaid lands be subdivided into a minor subdivision consisting of not more than two (2) residential lots; t NOW, THEREFORE, the following described land shall be re'stricted as hereinafter set forth: ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, sit- uate, lying and being at East Marion, Town of Southold, County of Suffolk, and State of New York, being bounded and described as follows: BEGINNING at a point on the northerly side of Main (State) Road where such road is intersected by a 8.25 foot right of way, which 8.25 foot right of way runs along the westerly side of land of Cowan, Ketcham, Matthews and King to a point where such 8.25 foot right of way broadens to a 16 foot right of way at the northwest corner of land of King . which such 16 foot right of way then runs along' the easterly side of lands now or formerly of the K. Schafer Estate and along lands of Latham to a point where the northerly line of a 20 foot right of way running in a southwesterly direction and which northerly line of the 20 foot right of way intersects the westerly line of the 16 foot right of way, which point of intersection is the actual place and point of beginning; RUNNING THENCE South 57° 05' 50" West a distance of 79.88 feet to a point; .~RUNNING THENCE South 12° 22' 40" East 21.36 feet; C RUNNING THENCE South 57° 05' 50" West 267~60 feet; RUNNING THENCE along lands now or formerly of C. C. Cook and another the following four (4) courses and distances: (1) North 09° 11' 10" West 90.85 feet; (2) North 12° 44' 30" West 139.40 feet; (3) North 08° 11' 20" West 222.72 feet; ' (4) North 10° 24' 00" West 118.31 feet; RUNNING THENCE North 77° 57' 00" East 310.98 feet; RUNNING THENCE the following three (3) courses and distances along the above mentioned 16 foot right of way: (1) South 11~ 58' 30" East 111.14 feet; (2) South 10~ 37' 30" East 225.46 feet; (3) South i1° 06' 20" East 89.15 feet to the point or place of BEGINNING. SUBJECT TO a 20 foot right of way running along the most southerly portion of the above described property. Declarant does hereby warrant, covenant and represent that oh approval of the aforesaid described land as a minor subdivision by the Planning Board of the Town of Southold, no further application will be made to that Board or to any other Board in the Town of Southold to further subdivide any of the lots set forth in said minor subdivision owned by Declarant into additional building lots. Declarant does hereby further warrant, covenant, and repre- sent that the aforedescribed land within the minor subdivision cannot be subdivided into more than two (2) building lots. Declarant does hereby further warrant, covenant and repre- ment that the foregoing restrictions and agreements shall bind the undersigned, his heirs, successors and assigns, and any and all person or persons who shall succeed to the ownership of the aforedescribed premises in said minor subdivision by transfer or otherwise. -2- IN WITNESS WHEREOF, the declarant does here, by cause his hand and seal to be affixed this ~ day of.'"~ , 1982. Armand Bartos, Jr. STATE OF NEW YORK) COUNTY OF I~I~ YORK) SS.: On the ARM3~ND BARTOS, JR. who executed the foregoing declaration, executed the same. '~-~ day of ~'?.". _ , 1982, before me personally came to me known to"be the individual described in and and acknowledged that he Notary Public -3- C ~ C Southold, N.Y. 11971 HENRY E. RAYNOR. Jr.. Chairman ER£DERIC:: Z. CORDON JAMES WALL BENNETT ORLOWSK[. Jr. GEORGE RITCHIE LATHAM. Jr. William F. Mullen, Jr. TELEPHONE 765- 1938 May 17, 1982 Mr. Irving L. Price, Jr. Attorney at Law 828 Front Street Greenport, New York 11944 Re: Armand Bartos Dear Mr. Price: The following actions were taken by the Southold Town Planning Board, Monday, May 10, 1982: RESOLVED that the Southold Town Planning Board declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the minor subdivision of Eva & Armand Bartos, Jr., located at East Marion. An initial determination of nonsignificance has been made. RESOLVED that the Southold Town Planning Board withdraw their resol- ution deted April 26, 1982 regarding the minor subdivision of Eva & Armand Bartost Jr., located at East Marion. RESOLVED that the Soughold Town Planning Board qrant a set-off (106-13 on the map entitled Eva & Armand Bartosr Jr.r dated July 14, 1981, located at East Marion subject to the following conditions within six (6) months from date of resolution: The existing road in the 8.25 right-of-way be upgraded with three inches of bankrun sand and gravel for a width of 8.25 feet. Receipt of a copy of the Covenants and Restrictions filed with the County Clerk, stating no further sub- divisions on this property to be held in perpetuity. 3. Receipt of six (6) final copies of the subdivision map. TC:. Henlz¢ E. Raynor, Jr., Chair~.:sn Report~o. ~' "~0~ ~outhold To,~ Planning Board Date: ['~ov~ber 27, 1981 ~M: John W. Davis Re: Ar~r~and Bartos ainor Subdivision at East Marion Access Road from °~- to ' o ,~te }{wv. Lot :'!o. ! C,,9}£.1ENTS: ~he Van ~hyl s, lrvey of the subdivision also show:~ a R .... ~ ~;,. ~rom lhe $~ate Hwy. to ~he end of the property (Lot No. !). .~he first 370 ft.~_ sho~ a R.O.i,;. width of 8 ft. Tne remaining R.O.%~. len~lh ~3:~ ft.~_ shows a width of 16 Van Tayl has certified surveys for other proper~,'Tf, owuers alon~ +he 8 ft. R.O.'~,I. indicating the width to be 8.25 ft. or one half a rod. .?,ere ~.s some fencing and LILCO Doles on the right side a~xi also pole cutoffs on the left side. Measured distances between the LILCO Doles and fences on the right and Dole cutoffs on left are 10.5 ft. at ~he entrance, lO.O ft. and ]1.5 ft. at two other locations. The existing road in the 8.~5 R.O.,~. is ? ft.~ in ~dth with some stabilization. ~.Aking turns into this narrow road f~om the State Hwy.,even wi~,,h clearances of about l0 ft. between obstacle% would be dzi,~cult for some ty~es of e~:ergency vehicles. 7he same roadway in the 3.6 ft. R.O.W. is ,5 ft. i'D ~ ft. in width and is stabilized ~rith sand and cr3vel all. the way t,o the end of *he subdivisi~*n. T,~e orofile follows the nat'ural contours with no evidence of ,any dra~n,~ae' ' ~' ~,~roolems.' ' ~ers are a few minor deoressions througi:out ?,his length. '~is section of the existin6 road a~oears to be salisfactory ~or ex~ergency ,ar,~ - _ :~cleo and !he s~all anount of traffic that will use ~ + ,"hat the 8.2~ ft. R.O.W. be widenc~i to 16 ft. to conform wi~h the rest of +,he .~,~at the exis+ing road in +he 8.25 ft. R,O.U. be upgradnd ~,~'i~h 3" of ban'<~m s~ud and gravel for a wid,+~l of 9 ft. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To /j./l{.P'./.~.J~..~.,,. ~7~?'. !'.~...~..~..:... ... ~4,.../u. !~ ~. ~..~. :~...¢!.. ?.~: .,.c..~...~ for?rmitt,~rt--~,,-,ct VP~C^Kt"F l.t~lvg C°. O ..at Location of Property ~¢¢s~ ~o; ....................... ~/e$i ...................... Hamlet County Tax Map No. 1000 Section ....... ~.. Block ....... ~ ..... Lot . .E'. ~Q. 1..'.. - --- Lot N ~ d Map N Subdivision ................. File o ................. o .................. ~ r~u~d h~w~h a~d d~o~a o~ *h~ ~o.ow~g ~ound~..~.c?~:~ ~d..~... ...... ;.../ ....... . ................... ; ....... ~ ...... ..... ~(i ~;qc..~ >F.'. Build~g Inspector RV 1/80 Southold Town Board of Appeals -16- October 11, 1973 motion by Mr. Gillispie, seconded by Mr. New York, lots with to the f¢ of New York State Environmental no further division of this d shall be covenanted. Bergen, it was DD, Robert Kolyer, 208 Christian Avenue, Stony Brook, GRANTED permission to divide property into two ~han required width, as applied for, subject tions: Subject to Control. That there shall property. That the division Gillispie, Bergen, Vote of the Board: Ayes:- Hulse, Grigonis, Doyen. MR. TERRY: Does that apply to the to the east, which has been separated? T}~ CHAIRMAN: That is not on the appl survey. We are referring to the application. section the MR. TERRY: I didn't want any misunderstanding Lu~.e ~e has already cQnveyed this. - ' PUBLIC HEARING: Appeal No. 1843 - 9:00 P.M. (E.S.T.), upon application of Armond Bartos, Jr., Private Road, East Marion, New York for a variance in accordance with the Town Law, Section 280 A for approval of access. Location of property: north side Main Road, East Marion on right of way bounded east by F. Cowan and other, west by R. Long; bounded north by De Nicola; east by right of way; south by I.C. Latham; west by George Cook and others. Fee paid $15.00. The Chairman opened the hearing by reading the applica- tion for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. ~{E CHAIRMAN: The application is accompanied by a survey which indicates that the applicant is the owner of approximately 6.673 acres. Is there anyone present who wishes to speak for this application? Southold Town Board of Appeals -17- October 11, 1973 RUDOLPH BRUER, ESQ.: He bought Parcel Two first, and then Parcel One. MR. ARMAND BARTOS, JR.: I bought the larger parcel in April of 1969. THE CHAIRMAN: You moved the old school house in here and you later purchased the other parcel. ~. BARTOS: I purchased in January or February of the next year. TH~ CHAIR~N: The parcel you propose to sell is on the southerly section of Parcel Two. ~. BARTOS: That is all I intend to sell. RUDOLPH BRUER, ESQ.: The problem is the right of way. You will notice that it's 8'3". THE CHAIRMAN: I am not sure the Building Inspector ~mderstoed that you had two parcels. ~. BARTOS: Yes, he did. T;~ C~EAIRMAN: We went through this before in connection with the little red school house, and that action in 1969 stated that this access has been in existence for many years. However, in order for the applicant to obtain a building permit~ he must have approval of access from the Board of Appeals. It is the opinion of the Board of Appeals that to deny this applica- tion would be to deny the applicant the use of his land. It is a condition cfthis approval that the property in question should be used as one single building lot and only one single family dwelling shall be erected on this property. RUDOLPH BRUER, ESQ.: You have an addition of over an acre added to the property since then. THE CHAIRMAN: Does anyone else wish to spe~ for this application? (There was no response.) T}~ CHAIR~L~N: Is there anyone present who wishes to speak against this application? There was no response.) Southold Town Board of Appeals -18- October 11, 1973 TH~ CHAIR~N: I thine the only reason we can consider it is that the applicant bought a second piece because the stipulation was that there be only one house because of this access. It's 8'3" wide and you have telephone poles along here. MR. BARTOS: I fire truck can get in there. THE CHAIRMAN: Has anyone made any effort to bring these people together? There is a lot of land back there that you can't get into.' MR. BARTOS: I believe there is going to be another right of way made to the north of my property. Russell's property has a right of way. I am asking for a one family dwelling. RUDOLPH BRUER, ESQ.: Mr. Bartos has no immediate buyer. This is for the future. TIS CHAIRS~N: It can't be divided ~ny further. Actually, the density would not be increased. After investigation and inspection the Board finds that applicant requests permission to use access on property located on the north side of Main Road, East )~rion. The findings of the Board are that applicant purchased Parcel No. Two in April of 1969. He received approval of the Board of Appeals for access on May 15, 1969. A condition of this approval was that the property in question should be used as one single building lot and only one single family dwelling shall be erected on this property. However, in January or February of 1970 applicant purchased Parcel No. i comprising 1.705 acres. The Board finds that the access in question is 8'3". Applicant's total acreage is 6.673 which includes Parcel No. 2 (4.968 acres) and Parcel No. 1 (1.705 acres). 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 i~mediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Armond Bartos, Private Road, East Marion, New York, be GRANTED approval of access, as applied for, on property located on the north side of )~in Road, East ~rion on right of way bounded east by F. Cowan and other; west by R. Long; bounded north by De Nicola; east by right of way; south by I. C. Latham; west by George Cook and others, subject to the following restrictions: Southold Town Board of Appeals -19- october ll, 1973 1. .A condition of this approval is that there shall be no further division of property now or in the future of the diminished lot that will result from selling the property under application, which is irregularly shaped and divided 150' on the right of way and 310' in depth, comprising approximately 1½ acres. 2. i The applicant is restricted to selling his property for a single family dwelling, and the property · remaining to Mr. Armand Bartos shall continue to be used as a building lot With a single family · ~ : dwellingunless suitable approved access is obtained. vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. upon application of Donald A. Stephenson, Main Road, O~ New York for a special exception in accordance with Zoning Ordinance, Article III, Section 300 B-1 for ssion to alter existing building to a 2 (two) family cc Location of property: off north side Main Road .ent on right of way bounded east by Scolielo, west ; bounded north by Long Island Sound; east and Lomas; south by right of way; west by Stephenson Inc. and Old Main Road. Fee paid $15.00. The Chairman opened the for a special exception, legal not attesting to its publication in notice to the applicant. reading the application of hearing, affidavits official newspapers, and THE Ct~IR~N: At the we received this ap.placation we did not have a survey what has been planned. I am a first cousin of the ~licant. I have no financial interest whatsoever aside from guiding the discussion I would Prefer not~0 vote. / · THE CHAIR~fN: Is there anyone present who wishes to speak for t~.~application? MR.~E~NALD A. STEPHENSON: In the back of the house where the ol~istern used to be, I would like to add a two car grou~level garage and a small apartment over the garage. Th~/back of the house is to the northeast. TEL. TOWN I-IF SOUTHOLD OFFIOE Of BUILDING INSPEOTOR TOWN P. LeI~K'S nFFIOE SI-lUTHOLD, N. Y. q 147.50 5UFlcr~L~ CQLJMTY T~ {A.~tP r3IST tOOO, ~6~£~ OffZ , l~Lt4. _~, PCL5 M~' ~I~#T ~? fl,~y _