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HomeMy WebLinkAbout1844 TOWN OF $OUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1844 Dated October 4, 1973 ACTION OF THE ZONING BOARD OF APPEAL~ OF THE TOWN OF SOUTHO~D To Donald A. Stephenson Main Road Orient, New York DATE Oct. 11, 1973 AppeHant at a meeting of the Zoning Board of Appeals on October 11, was considered and the action indicated below was taken on your ( ) Request for variance du~ to lack of access to property ~( ) Request for a special exception under the Zoning Ordinance ( ) Request /or a variance to the Zonifig Ordinance ( ) 1973 the appeal 1. SPECIAL EXCEPTION. By resolution ~ the Board ~ was determined th~ a ~i~ exception ( ) be ~anted ( ) be denied pursuant ~ ~ticle .................... Sect~n .................... Sub~ction .................... paragraph .................... ~ the ~ning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be co~irmed becau~ 9:1~ P.M. (E.S.T.), upon application of Donald A. Stephenson, Main Road, Orient, New York for a special exception in accordance with~he Zoning Ordinance, Article III, Section 300 B-1 for permission to alter existing building to a 2 (two) family occupancy. Location of property: off north side Ma~n Road, Orient on right of way bounded east by Scolielo, west by Burnham; bounded north by Long ~sland Sound; east by Terry and Lsmas; south by right of way; west by Stephenson Beach, Inc. and 01d Main Road. 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 hardship because difficulties or unnecessary SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE R.EVERSE (c) The variamce (does) (does not) observe the spirit of the Ordinance and (would) change the charac~ec 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. SEE REVERSE FORM ZB4 .4 , / 1/J., ZONING BOARD OF APPEALS · ,r~'Mar,jorie McDermott, Secretary After investiga~o~ and inspection the Board finds that applicant requests permission to alter existing building to a two family occupancy off the north side of Main Road, Orient, New York. The findings of the Board are that applicant hopes to add a small apartment over the garage/hobby area space con- sisting of two bedrooms, a bath and living room, all of which will be an integral part of the existing structure and which will use all the facilities of the main house. The small apartment will be used by Mrs. Stephensonts mother. The applicant is the owner of 5 acres of property. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured an~ the spirit of the Ordinance w~l ~ obs~e.rved. THEREFORE IT WAS RESOLVED, Donald A. Stephens.n, Main Road, Orient, New York, be GRANTED permission to alter ~xisting building to a 2 (two) family occupancy, located off the north side of Main Road, Orient, New York, as applied for, subject to .the following conditions: 1. That applicant obtain a new survey from Van which sets off 80,000 sq. ft. using the northerly boundary and extending 80,000 sq. ft. to the west and southwest. This permission is subject to applicant's obtaining clear title to land, free of rights of way, to property to be used for new construction. 3. This permission is subject to site plan approval of the Planning Board. Vote of the Board: Ayes:- Messrs: Bergen, Hulse, Grig. his, Doyen. Not Voting~- Mr. R. Wo Gillispie, Jr. LEGAL NOT~CE 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~ Suffolk County~ New York~ public hearings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road~ Southold, New York, on October ll, 1973~ on the following appeals: 8:00 P.M. ( E.D.S.T.)~ upon application of Lucile Mosb~ck, Rose Hilly North Carolina, for a variance in accordance with the Zoning Ordinance~ Article III, Section 301 and Bulk Schedule for permission to divide and set off lots with existing buildings with less than required width and area. Location of property: south side Main Road~ East Marion, bounded north by Main Road, Humes & others; east by William Park & others; South by Gardiners Bay; west by Parker. 8:1~ P.M. (E.D.S.T.), upon application of Eugene Mazzaferro, 21~ Oak Street, Greenport~ New York for a variance in accordance with the Zoning 0rdinance~ Article III~ Section 301 and Bulk Schedule for permission to build new one family dwellings with insufficient setbacks. Location of property: Lot ~ 2: Greenport Drivein Park, Brown and Ninth Streets, Greenport, New York. 8:2~ P.M. ( E.D.S.T.): upon application of Clarice Blackburn, New Suffolk Avenue~ Cutchogue~ New York for a variance in accord- ance with the Town Law: Section 280 A for approval of access. Location of property: private right of way off south side of New Suffolk Avenue, Cutchogue bounded north by New Suffolk Avenue; east by Case; south by Peconic Bay; west by Lockwood. Legal 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 300C-4a for permission to store and work on private boat over 30' in length in an District. Location of property$ north side Main Road~ East Marion bounded north by Schrader & Wallace$ east by Prestons south by Main Roadl 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 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 bounded north by Bayview Roadl 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. LongS bounded north by De Nicolas 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~ 0rient~ New York for a special exception in accordance with the Zoning 0rdinance~ Article III~ Section 30OB-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 bouuded east by Scolielo~ west by Burnham$ bounded north by Long Island Sounds east by Terry and Lomas~ south by right of ways west by Stephenson Beach Inc. and old Main Road. Legal notice Page 3 9:20 P.M. (E.D.S.T.)~ upon application of Freddi~ Lawson~ Sound Avenue~ Mattituck~ New York for a variance in accordance 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: Oak Place and Walnut Avenue~ Mattituck~ bounded north by Ruthinowski~ south by the Long Island Railroad~ west by Oak Place. 9:50 P.M. ( E.D.S.T.)~ upon application of William Serrell~ Dogwood Lane~ Gardiner's Bay Estates~ East Marion~ New York for a variance in accordance with the Zoning Ordinance~ Article III~ Section 301 and Bulk Schedule for permission to build an addition with reduced side yard. Location of property: Lots # 95 and Gardiner's Bay Estates~ Dogwood Lane~ East Marion~ New York. 9:~0 P.M. ( E.D.S.T.)~ upon application of Jo~u Dinizio~ 62~ Main Street~ Greenport~ New York for a variance in accord- ance with the Zoning Ordinance~ Article III~ Section 501 and Bulk Schedule for permission to 'smet off lot with less than re- quired 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 person desiring to be heard on the above applications should appear at the time and place above specified. Dated: September 28~ 1973 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS NOTICE OF REARING~ to Section 267 of the and the provision~ of the Amended Building Zone 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 Southold, at the Town Office, Main Road, Southold, New York, on October 11, 1973, on the following appeals: g:O0 P. M. (EDST), upon ap- plication of Lucile Mosback, Rose Rill. North Carolina, for ~ var- iance in accordance with the Zoning Ordinance, Article III. Section 301 and Bulk Schedule for permission to divide and set off lots with existing buildings with less than required width and area. Location of property: south side Main Road, East Marion, bounded north by Main Road, Humes & others; east by William Park & others; south by Gardiners Bay; west by Parker. g:15 P. M. IEDSTL upon ap- plication of Eugene Mazzaferro. 215 Oak Street, Oreenperi, New York for a variance in accord- ance with the Zoning Ordinance. Article III, Section 301 and Bulk new one family dwellings with insufficient setbacks. Looation of property: Lot No. 2, Oreenport Drive-in Park, Brown and Ninth Streets, Greenport, New York. 8:25 P. M. IEDST), upon ap- plication of Clarice Biackburn, New Suffolk Avenue, Cutchogue, New York for a variance in ac- cordance with the Town Law. Section 280 A for approval of access. Location of property private right o! way off souta 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. (EDST~. al)on ap- plication o! Kenneth Ketcham, Main Road. East Marion~ York for a ~variance i~ ance~vlth the Zoning Ordinance. Article]II, Section 300C-4a for permission to store and work on private boat over 30' in lengtt~ property; north side Main Road, East Marion bounded north by Schrader & Wallace; ~ast by. Preston; south by Main Road; west by S. Boken & right of way. 8:50 P. M. (EDST). upon ap- plication of Robert Kelyer. 208 Christian Avenue. Stony Brook. New York for a variance in ac- cordance with the Zoning Ordi- nance, Article IlL Section 301 and Bulk Schedule for permission to divide property into two lots with less than required widih. Location of property: south side Bayview Road, Southold bound- ed north by Bayview Road: east by La Rocca. Mating, Blakeman & others; south by Corey Creek, 9:00 P. M. (EDST), upon ap- plication of Armond Bartos, Jr., Prive*- Road, East Marion, New anco 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 1~. 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 ~ plication of Donald A. Stephen- son. Main Road, Orient, New York for a special exception in accordance with the Zoning Or- dinance, Article III, Section 900B-1 for permission to alter existing building to a 2 (twol 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 ~siand 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- plication of Freddie Lawson, Sound Avenue, Mattituck, New UFFOLK W YORK /hitney Booth, Jr., being duly sworn, s~ys the Editor, of THE LONG ISLAND ~&^'I-FITUCK WATCHMAN, a public news- ;et Southold, in Suffolk County; and thor ?ich the ~nnexed is o printed has been copy, ~id Long Islond Traveler-Mottituck Watch- 'l week for ...................... week~/ ,mmenclng on the .......................... York for a variance in accord- , once with the Zoning Ordinance, , ~ Article III, Section 301 and Bulk ! 5 '. ~wv, n to before me this ................... day of 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- inowski; south by Long Island Railroad; west by Oak Place. 9:30 P. M. (EDST), upon ap- plication of William Scrrell, Dog- wood I~ne, Gardiner's Bay Estates, East Marion, New York got a varianc~ in accordance with the Zoning Ordinance, Ar- ticle III, 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. (El)ST), upo~n ap- plication of John Dinizio, 624 Main Street, Greenpert, New York for a variance in accord- ance with the Zoning Ordinance Article III, Seciion 301 and Bulk Schedule for permission to set off lot with less than required area. Location of property: south side of Brown Street, Oreenport, bounded north by Brown Street; east by A. Dinisio; 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, 1973 BY ORDER OF THE SO'u'z'llOLD TOWN BOARD OF APPEALS Dated: September 28, 19~3 APE[F P^YNE NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law end the provisions of the Amended Building Zone Ordinance of the Town of Seuthold, Suffolk Coanty, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, Southold, New York, on October 11, 1973, on LEGAL NOTICE the following appeals: 8:00 P.M. (E.D.S.T.), upon application of Lucile Mosback, Rose Hill, North Carolina, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule for permission to divide and set off lots with existing buildings with less than required width and area. Location of property: south side Main Road, East Marion, beanded north by Main Road, Humes and others; east by William Park and others; south by Gardiners Bay; west by Parker. 8:15 P.M. (E.D.S.T.), upon application of Eugene Maz- zaferro, 215 Oak Street, Groen- port, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule for per- mission to build new one family dwellings with insufficient set- backs. Location of property: Lot No. 2, Greenport Drivein Park, Brown and Ninth Streets, Grennport, New York. 8:25 P.M. (E.D.S.T.), upon application of Clarice Blackburn, New Suffolk Avenue, Cutchogue, New York for a variance in ac- cordance with the Town Law, Section 280 A for approval of access. Location of property: private right of way off south 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. (E.D.S.T.), upon application of Kenneth Ketcham, Main Road, East Marion, New York for a variance in ac- cordance with the Zoning Or- dlnance, Article 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 north by Schrader and Wallace; east by Preston; south by Main Road; west by S. Boken and right of way. 8:50 P.M. (E.D.S.T.), upon application of Robert Kolyer, ~ Christien Avenue, Stony Brook, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule for per- mission 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 P, occa, Marini, Blakemen and others; south by Corey Creek, Gozzola; west by Schreeder, Darneli. 9:00 P.M. (E;D.S.T.), upon application of Armand Bartos, Jr., Private Road, East Marion, New York for a variance in ac- cordunce with the Town Law, Section 280 A for approval of access. Location of property: north side Main P, oad, East Marion on right of way boanded east by F. 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. (E.D.S.T.), upon application of Donald A. Stephenson, Main Road, Orient, NeW York for a special exception in accordance with the Zoning Ordinance, Article HI, Section ~00B-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 Roach Inc. end Old Main Road. ~ 9:20 P.M. (E.D.S.T.), upon application of Freddie Lawson, Seand Avenue, Mattituck, New York for a variance in' ac- LEGAL NOTICE :ordence with the Zoning Or- dinance, Article III, Section end Bulk Schedule for permission to set off lot with less than required area. Location of )roperty: Oak Place end 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~on application of William Serrell, Dogwood Lane, Gardiner's Bay Estates, East Marion, New York for a varience in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule for , permission to btild an addition with reduced side yard. Location of property: Lots No. 9~ and 96, Gardiner's Bay Estates, Dogwood Lane, East Marion, New York. LEGAL NOTICE 9:'40 P.M. (E.D.S.T.), upon application of John Dinizio, 624 Main Street, Greenport, New York for a variance in ac- cardance with the Zoning Or- dinence, Article HI, Section 301 end Bulk Sc. hedule far 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 person desiring to be heard on the above applications should appear at the time and place., above specified. Dated: September ~8, BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS COUNTY OF SUFFOLK, STATE OF NEW YORK.il' ss: Stuar~ C. Dormnn he is P~inter ~nd s~/s that ....... WEEKLY TIMES. a news~X pub~: county; and ~ ~e noti~, of w~C; ~py, ~s ~en published in ~e once in each w~k, ~ ....... suc~sively ~mmenc~g on ~e . 0c~ober -; .~.. 19. d~ of ..........~- ~. . L--. Sw~ to ~f~e me this ... d~ of ~tob~ . TOWN OF $OUTHOLD. NEW YORK APPLICATION FOR SPECIAL EXCEI:~rION APPLICATION NO. TO THE ZONING BOARD OF A~PEALS, SOUTHOLaO, N. Y. r. (~r~) .D,.o.~Z~.,A~...S..i.e~h.e. as.on ............................. of ,maxr~..Ro.a~ .......................................................................... Nm~e Street and Number Mumicipality New York State hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION m accordance with the ZONING ORDINANCE ARTICLE IIT SECTION 300 ~ -- 1 SUBSECTION THE SPECIAL EXCEPTION IS REQUESTED BECAUSE ~rs. Stephenson and I are moving to Orient s~d making our Orient home i~to a year round residence~-~aere we intend to reside permanently. ~e have no garage and no dry~ ground level~ area for my hobby of woodworking and ~rs. Stephenson's aft and design layout.. We hope to add m small apartment over the garage/hobby area space consisting of two bedrooms~ a bath and li%~ing room~ all of which will be an integral part of the existing structure and which will use all the facilities of the main house. The need for this small apartment is for-~irs. Stephenson's mother~ ~rs Loraine Ec~eekin~ who cannot be left completely alone~ but is fully capable of taking care of herself and desires this responsible independence~ including the preparation of some of her o~m simple meals in a utility kitchen. I~ therefore request your consideration of this petition to include utility cooking facilities in the proposed apartment. A proper survey of the property now being prepared by Roderick P.C~ Van Tuyl will be submitted in connection with this application upon completion of such survey. STATE OF NEW YORK) ) ss ................. : .... COUNTY OF~ ) Si~at~e Sworn to this ...... ~.~ ....... day o, .~... 19.~. ...... ,~ .~,... ~.~ ......... ~.-.~. --~ ....................... No. ~0-5793300 Notary Public LEFFERTS P. EDSON 09~2-1989) RUDOLPH IL BRUER November 22, 1996 Edson and Bruer ATTORNEYS AT LAW MAIN ROAD-P.O. BOX 1466 SOUTHOLD, NEW YORK 11971 (516)765-1222 FAX: (~16)76~-2752 Southold Town Zoning Board of Appeals Main Road Southold, New York 11971 Attn: Mr. Gerard Goehringer, Chairman Re~ Appeal No. 1844 Stephenson, Donald A. Main Road, Orient, New York SCTM#: 1000-17-1-11.5 Dear Mr. Goehringer: In connection with the above matter, could you please clarify to the undersigned the determination of the Board of Appeals. It is my understanding that the board granted permission to alter existing building to a 2 (two) family occupancy to which Certificate of Occupancy #7038Z dated December 18, 1973 for an addition (Apt.) has been issued. At the time of the application for the apartment, applicants step-mother's mother for whom the apartment was originally created was approximately 80 years of age. She required 24 hour (around the clock) care and was unable to readily move from the apartment to other parts of the house for food or other living requirements. For this reason, separate maintenance was needed. In accordance with that decision, Certificate of Occupancy was granted for a 2 (two) family occupancy. No substitute changes, I am told, have been made. It is to be remembered Mr. Gillispie, Chairman of the Zoning Board was a neighbor. I am sure he knew the parties and their needs. That elderly lady lived in the apartment into her 90's. Please Confirm, Suffolk County Department of Planning Veterans }~morial Higl~ay Hauppauge, I-lewYork 11787 December 7, 1973 Town of Southold Board of Appeals Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are con~idered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant DonaldA. Stephenson l~micipal File 1844 Respectfully yours, Lee E. Koppelr~an D or of Planni. g Southold Town Board of Appeals -19- October 11, 1973 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 approxi~tely 1~ acres. Vote of the Board: Hulse, Grigonis, Doyen. · "~ne applicant is restricted to selling his proper%y for a single family dwelling, ~nd the property remaining to Mr. A~--mand Bartos shall continue to be used as a building lot with a single family dwelling unless suitable approved access is obtained. Ayes:- Messrs: Gillispie, Bergen, PUBLIC P~EARING: Appeal No. 1844 - 9:10 P.M. (E.S.T.), upon application of Do~g]d A. Stephenson, Main Road, Orien=, New York for a special exception in accordance with the Zoning Ordinance, Armicie III, Section 300 B-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. m_nd Old Main Road. Fee paid $15.00. The Chairman opened the hearing by reading the application for a special exception, legal notice of hearing, affidavi=s attesting to i=s publication in the official newspapers, and notice to the applicant. TPIE CHAIRMAN: AC the time we received this ~p.pl'icatTon we did not have a survey showing what has been planned. I am a first cousin of the applicant. I have no financial interest whatsoever but aside from guiding the discussion I would prefer not to vote. T~E CHAIRMA~N: Is there anyone present who wishes ~o spes/~ for this application? ~R. DONALD A. STEPPIENSON: in the back of the house where the old cistern used to be, I would lik~ to add a two car ground level garage and a small apartment over the garage. .~e northeast. The back of the house is ~o *u Southold Town Board of Appeals -20- October 11, 1973 TPIE CHAIR~%iAN: The driveway runs around the house. MR. STEPHENSON: The only thing it is useful for is to walk down to the beach. TH~ CHAIRMAN: Does Horace Terry have access to this property? MR. STEPHENSON: Not at that point. He comes up the west drive and cuts across down towards his b~rn and garage. TH~ CHAIRMAN: He owns the house on the bluff. MR. STEP?2~NSON: The building would be 3°' or 40' from where he now drives. THE CHAIRMAN: The tennis court doesn't show on the survey but it is southeast of the Rose area. It is my under- standing that driveways and tennis courts and barns finally descended to Beverly Lomas. She is presently the owner of the east driveway, the one that goes around your house. Your property is on both sides of this driveway and also on both sides of the other driveway running around to the west. This property dow~ here (referring to survey) non belongs to Scofield and they have the right to use the driveway. It's common property. It belongs to four properties on the premises. It would not be proper for this Board to grant permission for an addition if it would be ~n obstruction on a driveway that someone else ow~s; even if they do not own it but use it. It would be my suggestion that you obtain releases from these people for that portion of the driveway, or maybe they will sign off. MR. STSDPHENSON: I need the garage sl~d the new dwelling. The house is six steps up. It's six steps down and six steps up to the new aps_rtment. I don't see s~ny other way to do it. TH~ CHAIRMA~N: The only other way to do it would be to use some porch area. You decide how you ws~ut to do it. We would consider it favorably but you would have to set off 80,000 sq..ft. MR. STEPHENSON: I have five acres. THE CHAIRMAN: I understand that you own this property between the private road on the west and the seawall and running down to the summer ~ouse plus the beach. What we can do is to approve it subject to the applicant se=ting off $0,000 sq. ft. Have you got any way of obtaining this 80,000 sq. ft.? MR. STEPHENSON: Yes. Southold Town Board of Appeals -21- October ll, 1973 TPEE CHAIR¥~&N: Permission would be subject to Van Tuyl setting off in the survey $0,000 sq. ft. surrounding the new addition and garage. We ,may also need sideyard variances. MR. STEPHENSON: The House is about l0 feet from the driveway. (Mr. Stephenson discussed the sketch with the Board) T}{E CHAIRMAN: Is there anyone present who wishes to speak against this application? After investigation and inspection the Board finds that applicant requests permission to alter existing building to a two family occupancy off the north side of Main Road, Orient, New York. The findings of the Board are that applicant hopes to add a small apartmen= over the garage/ hobby area space consisting of two bedrooms, a bath and living room, all of which will be an in=egral part of the existin~ structure and which will use all the facilities of the main house. The small apartment will be used by Mrs. Stephenson's mother. The applicant is The 'owner of five acres of property. The Board finds that the public convenience and welfare and justice.will be served and the legally established or permitted use of neighborhood property and adjoining use distric=s will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion by Mr. Hulse, seconded by Mr. Grigonis, it was RESOLVED, Donald A. Stephenson, Main Road, Orient, New York, be GRANTED permission to alter existing building to a 2 (two) family occupancy, located off the north side of Main Road, Orient, New York, as applied for, subject to the follow- ing conditions: T"nat applica~nt obtain a new survey from Van T uyl which sets off 80,000 sq. ft. using the northerly boundary and extending 80,000 sq. ft. to the wes= and southwest. This permission is subjec= to applicant's obtaining clear title to land, free of rights of way, to proper=y to be used for new construction. 3. This permission is subject ko site plan approval of the Planning Board. Vote Doyen. of the Board: Ayes:- Messrs: Bergen, Hulse, Grigonis, Not Vo=ing:- ~. R. ~. Gillispie, Jr. TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 TOWN CLERK 765-6783 Building Dept. } Planning Bd. 765-2660 Board of Appeals Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Lows, Article 12-B, Sections 239-1 and' m, the ........ ..~..O.~.~?....O...~....A...~.?.?..~.~.? ..... of the town of ......... .~..O.~..~..~/..O..~..~.. ........... (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ............ New and recodified zoning ordinance ............ Amendment to the zoning ordinance ............ Zoning changes ..~.z.'.~.. Special permits ............ Variances Location of affected land: within 500 feet of: (check one or more) ............ Town or village boundary line ..... ~..~.~... State or c'~un~ road, ............ State or county park or recreation area ............ Stream or drainage channel owned by the county or for which the county has established channel lines ............ State or county owned parcel on which a public building is situated Comments: ~he b o~rd. ' '" ~-~ ,~,zc~ co~version subject to rccci, t cf faultily conveyance and alt~ ration (signed) Chsirmam ~. A~r,e~l,~ Tltle Date received by Suffolk County Planning Commission ........................................................................ File No ................................. THIS IND~ made the ~ I~ d~y o~ November , ui~eteen handred and seventy-thee GRACE BEVERLY 1.OHAS, residing at 48 Dogwood Drive, gaston~ Connecticut party of the first pa~ md DONALO A. STEPItENSON, residing at Pri~ate Road (no number) Oriene'~-New York party of the second part, W'frNF_~SE~ that the party of the first part, in consideration of ten dollars paid by the party of the second part, does hereby remise, release and quitclaim unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL thatcertain p~t~piece~rpar~e~f~and~:~e~e~s~'~L~.-~.~-:~-~-~E~-~$-sit~La--t~ · lying and beingin the village of Ortent~ Toga of Southolds County of Su~folz and State of New York, bounded and described as follows: BEGINNING at a point on the southerly and westerly side of a certain private road shown on a map entitled" Survey of the Cedarss property o~ Mary M. Stephenson at Orient, Sdffolk County~ N.Y., su2veyed Nov. 28, 1905 by C.R. Van Buskirk, C.E." an~ filed in the Suffolk County Clerk's Office on July 11, 1906 as Map #421, the northerly and easterly side of which private road runs through Monuments #13 and ~14 on said map, which said point of beginning is distant 75 feet mere or less in a southwesterly direction from Monument ~14 on said map, where an extension northerly of the easterly side of the residence of Donald A. Stephenson (shown on said map as WilliamW. Stephenson) intersects the southerly and westerly line of said private road; running thence in a general northeasterly direction 75 feet more or less to a point where the northwesterly line of said private road intersects the southwesterly line of Plot X as shown on said map; running thence along the said northerly and westerly line of said private road as it curves in a general soU'thwester!y direction 100 feet more or less to a point; running thence in a southwesterly direction across said private road to the southeast side thereof; running thence along the southeast side of said private road in an easterly direction 75 feet more or less to the point or place of BEGINNING BEING AND INTENDED TO BE a portion of the private roads conveyed to Grace Beverly Lomas by deed dated July 2, 1948~ recorded July.Ssi948 in the Suffolk County Clerk's Office in Liber 2845 of Deeds at page 520. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said p{emises; TO HAVE AND TO HOLD the premises herein granted umo the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part, in compliance with Section 13 of the Lien Law, hereby covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration ~ a trust fund to be applied first for the purpose of paying the cost of the ~mprovement and will apply the same first to the payment of the cost of the improvement before using an3/part of the total of the same for any other purpose. The word "party" shall Be construed as if it read "parties" whenever the sense of this indenture so requires. IN wrrNE,~ WHEREOF, the party of the first part has duly executed this deed the clay and year first above written. STATE ~ COUNTY 01~ 0T.K ss: on ~ ~'~'aky of Novemb~ 19 73, ~{ore me ~y ~e G~CE BE~RLY LO~S to me known to be the individual described in and who 8e~ecuted the foregoing instrument, and acknowledged that e executed the same. ar'/ public, Sial County On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. STATE 05 NEW YO~ COUNTY 05 On theda~ 19 , before me personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE 05 NEW YORK, COUNTY 08 ss: On the day of 19 , before ine personally came the subscribing wimess to the foregoing instrmnent, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he knows to be the individual described iii and who executed the foregoing instrumcut that tie, said subscribing witness, was present and saw execute the same; and that he, said witness at the same time subscribed h name as witness thereto. · tuitdaim ~ed~ YITLE No. gRACP- BEVERLY LONAS SECTION BLOCK LOT COUNTY OR TOWN TO DONALD A. STEPHF. AISON THE TITLE GUARd.N'TEE COMPANY Joseph J. Snellenburg I1 Attorney at La~* Southold~ Now York llglrlj Z~F No D O/V-~'",..,¢.' ~ '~o x. \ \ ?