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Southold
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI ,
October 13 , 1986'
Mr . Peter Capone , President
Rial Realty Corporation
20 Audrey, Avenue,
Oyster Bay , NY 11771
Re : Appeal No . 35gj - Rial Realty Corp . (Variance )
Dear Mr . Capone :
Enclosed please find a copy of the official findings and
determination recently rendered by the Board of Appeals and
filed .this date with the Office of the Town Clerk concerning
your application .
In the event your application has been approved , please
be sure to return to the Building Department for their authoriza-
tion of any new construction , or for other written documents as
may be applicable .
If you have any questions , please do not hesitate to call
either our office (765-1809) or that of the building inspector
(765-1802 ) .
Yours very truly ,
GERARD P . GOEHRINGER
CHAIRMAN
By Linda F. Kowalski
Secretary
Enclosure
Copy of Decision to :
B ilding Department
anning Board
S.uffolk ,County Planning Commission
Mrs.... Sophia Greenfield -
\
P
yaquthola , own Board of Appeals
MAIN ROAD - STATE ROAD ZS SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3541
Application 'Dated July 25 , 1986
TO: Mr. Peter Capone , President [Appellant (s) ]
Rial Realty Corporation
20 Audrey Avenue
Oyster Bay , NY 11771
At a Meeting of the Zoning Board of .Appeals held on 'Oc.tober 10 ,: 1986 ,
the above appeal was considered , and the, action indicated below was taken
on 'your
[ ] Request for Variance Due to Lack of Access to Property
New York Town Law., Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[X] Request for Variance to the Zoning Ordinance
Article III , Section 100- 31 , Bulk Schedule A-80
[ ] Request for
Application of RIAL REALTY CORP. for Variances to the Zoning Ordinance
Article, III , Section .100-31 , .Bu.lk Schedule , for approval of insufficient
lot width of three proposed .parcels in this pending minor subdivision
located at the northerly end of proposed right-of-way extending from the
north side of Oregon Road , Mattituck , NY ; County Tax Map Parcel No . 1000-
95- 1 -3 . Containing 47. 0520 acres total ..
WHEREAS , a public hearing -was held and concluded on September 11 ,
1986 in the Matter of the Appl_ication .of RIAL REALTY CORP . under Appeal
No . 3551 ; and
WHEREAS , at said hearing all those who desired to be heard
were heard and their testimony recorded ; and'
WHEREAS , the board has carefully considered all testimony and
documentation submitted concerning this application ; and
WHEREAS , the board members have personally vi.ewed and are .
familiar with the premises in question , its present zoning , and
the surrounding areas ; and
WHEREAS , the board made the following findings of fact :
1 . The premises in question is a described parcel containing
a total acreage of 47 . 0520_, located along the (north )west side of
Oregon .Road , Mattituck , with .a frontage (lot width ) of 536 . 58 feet ,
and is more particularly shown on the Suffolk County Tax Maps as
District 1000 , Section 95 , Block 1 , Lot 3.
2 . The subject premises is improved at the most southerly
end with a single- family 22-story frame dwelling , and four acces-
sory buildings located in the rear ydrd' arda ..
3 . By this application , appellant requests approval of
the proposed insufficient lot width of Lots #1 and .#.2 of 150
feet and of Lot #3 of 163 feet . The proposed lots will contain
a minimum lot area of 94 , 770 sq . ft . , all as shown by minor
subdivision map dated January 30 , 1986 , .revised March . 20 , 1986 ,
prepared by Peconic Surveyors and Engineers , P . C .
DATED; October 10 , 1986 . CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Form ZB4 (rev. 12/81)
Page 2 - Appeal No . 35
Matter of RIAL REALTY CORP .
Decision Rendered October 10 , 1986
4. Article III , Section 100-31 , Bulk Schedule , Column "A-80"
of the Zoning Code requires a minimum lot width of 175 feet . The
percentage of relief requested in relation to this requirement
is 15% for proposed Lots 1 and 2 , and seven percent for proposed
Lot #3 .
In considering this appeal , the board also finds and determines :
(a ) the character of the land .and circumstances are unique ; (b)
the variance will not in turn cause a substantial effect of
increased population density or be adverse to the safety , health ,
welfare , comfort , convenience and order of the town ; (c ) the
practical difficulties are sufficient; (d ) there will be
no substantial detriment to adjoining properties ; (e.) the
difficulty cannot be obviated by some method feasible -for appel -
lant to pursue other than a variance ; (f) the relief requested
is not substantial ; (g ) that in view of the above .factors., the
interests of justice will best be served by granting the variance ,
as noted below.
Accordingly , on motion by Mr . Sawicki , seconded by
Mr . Douglass , __i..t was
RESOLVED , that the relief requested under Appeal No . 3551
in the Matter .of the Applic,ati.on of RIAL� REALTY CORPORATION of
insufficient lot width of 150 feet .for Lots #3 and #2 , and
163 feet, for Lot" #1 BE AND''HEREBY I.S ARPROVED SUBJECT TO THE
FOLLOWING CONDITIONS :
1 . No disturbance of land within the 50-ft . distance shown
along the 49. 5 ',; contour line of proposed Lot #l ;
2 , The dimensions of the lots shall be as shown by minor
subdivision map lastly revised July 21 , _1986 ; no lot- line changes
shall be permitted .
Vote of the Board: Ayes : Messrs . Goehringer , Gri.gonis ,
Douglass and Sawicki . (Member Doyen of Fishers Island was absent . )
This reoslution was duly adopted . ..
lk
GERARD P . GOEH NGER , (AIRMAN
October 13 , 1986
/ FOHM NO.3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE 1
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
Date
.� a Q. v
,�S..S . . . . . . . . . . . . . . . . . . . .
. �4 ��- . .�?M.-. .I.19.7 r . .
-n- -
PLEASE TAKE NOTICE that your application dated . -�O`'`"` 1.d. . . . . . ., 19 �P. .
for permit to '.: .�.-? . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . at
Location of Property �.5 .3.5. . . (9- �t� . . �. . CIA
House No. Street Hamlet
County Tax Map No. 1000 Section . . . . . . .9 S . . . Block . . . . . .P.). . . . . . Lot . . . . . . . . . . . .
Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . .
is returned herewith and disapproved on the following grounds . � . . ..aio--4. J.1) �
. .: .a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . .
. . . . . . . .
Building� Inspector. . . . . . .
RV 1/80
RECEM 3 .3 Oil,
jUL 2 5 1986 0".WN OF SOUTH OLD, NEW YORK
jjMVAi=§A�ylKQM DECISION OF BUILDING INSPECTOR APPEAL NO. J ` /
DATE ...Jgng..29,..1286.
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, (We) Rial Realtor Corporation of 20„Audrey„Av„enue
...................... ............................................
Name of Appellant Street and Number
Oyster Bay, New York
............................................................................................. ............................HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. ........... DATED .... February 10, 1986
......................... ......................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
.Rial Realty„Corporation
..
Name of Applicant for permit
of 5535 Oregon Road, Cutcho ue, New York 11935
.. ........... ... .....................9.... ....... ..... ..... . .. ...... . .... .....
Street and Number Municipality State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
( X ) Permit to Subdivide
1. LOCATION OF THE PROPERTY .5535 Oregon Road, Cutchogue,..New„York Ag,-Res,.........
Street Use District on Zoning Map
# 1000-95-01-3 .... „ . ,.,..Current Owner Rial Realty Corporation
Map No. Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article III , Section 100-31
3. TYPE OF APPEAL Appeal, is made herewith for
(X ) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (has) (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
( X) A Variance to the Zoning Ordinance
is requested for the reason that Owner wishes to divide the.property into four
Tot
each in excess of 80,900 sq. ft. Three wll contain insufficient
lot widths of 150 150 and 16.
Form ZB1 (Continue on other side)
REASON FOR APPEAL Continued $ , ,.'�� � ,
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary-HARDSHIP because the applicant's property contains more than the required
square footage for three waterfront lots but the topography and narrow
configuration of the farm at this point makes division into three waterfront
lots with sufficient width impractical . This could be accomplished by slanting
lot lines but would create oddly shaped lots and impractical road design.
The owner prefers, from a financial and aesthetic point of view, to make
maximum useage of the waterfront by creating three lots as described on the
survey.
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 the farm has more than adequate
width (front footage along Oregon Road). but begins to narrow slightly as it
approaches the northern end of the parcel . The width of the lots is limited
by this farm width.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because all proposed parcels are substantially greater
than the required 80,000 sq. ft. (approx. 93,500 sq. ft. , 96,000 sq. ft. ,
and 107,700 sq. ft. ) providing ample buildable area and preserving green
space. The remainder parcel shall be approx. 40 acres. This variance is
harmonious with zoning in the area. The parcels are equal to or exceed lots
in existing subdivisions in the area, both as to lot width and square
;footage. (Ref: Domaleski and Birch Hills in the immediate vicinity) .
STATE OF NEW YORK )
ss .............. ......................
COUNTY OF ) Sig ature
Sworn to this .. g. r .............................. day of..... . ............................................... 19 �6
�4
... ....... .. ...............................
Notary Public
JACQUELINE COHEN
NOTARY PUBLIC, State of New York
. No. 4839694
Qualified in Suffolk County
Commission Expires March 301 19L
'10WN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. J`511
DATEJune 29, 1986
..............................
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, (We) Rial Realtyy..Corporation...................of 20..Audrey..Av„enue............................................
Name of Appellant Street and Number
Oyster Bay, New York
............................................................. .............................. ... ..........HEREBY APPEAL TO
... ..... .
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. ........... DATED .....February 10, 1986
...............................
WHEREBY THE BUILDING INSPECTOR DENIED TO
Ri al...Realty..ggrporati on...............................
Name of Applicant for permit
of 5535 Oregon Road, Cutcho ue, New York 11935
... ........... . . ....................9....
.... ...... . .... ...... ..... ..... . .
Street and Number Municipality State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
( X ) Permit to Subdivide
1. LOCATION OF THE PROPERTY ,5535 Oregon Road,, Cutchogue,...New York Ag-Res.
Street Use District on Zoning Map
# 1000-95-01-3 .................Current Owner Rial Realty Corporation
Map No. Lot No.
2. - PROVISION (S) OF THE ZONING ORDINANCE APPEALED (indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article III , Section 100-31
3.. TYPE OF APPEAL Appeal is made herewith for
(X ) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (.State of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (has) (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
andwas made in Appeal No. ................................Dated ......................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
( X) A Variance to the Zoning Ordinance
is requested for the reason that. Owner wishes to divide the property into four
properties, each in excgss of 80.400 sq. ft. Three will contain insufficient
lot widths of 150 , 150 and 163
Form zsi (Continue on other side)
�Vt:;7V �/
REASON 'FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sory HARDSHIP because the applicant's property contains more than the required
square footage for three waterfront lots but the topography and narrow
configuration of the farm at this point makes division into three waterfront
lots with sufficient width impractical . This could be accomplished by slanting
lot lines but would create oddly shaped lots and impractical road design.
The owner prefers, from a financial and aesthetic point of view, to make
maximum useage of the waterfront by creating three lots as described on the
survey.
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 the farm has more than adequate
width (front footage along Oregon Road). but begins to narrow slightly as it
approaches the northern end of the parcel . The width of the lots is limited
by this farm width.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because all proposed parcels are substantially greater
.than the required 80,000 sq. ft. (approx. 93,500 sq. ft. , 96,000 sq. ft. ,
and 107,700 sq. ft. ) providing ample buildable area and preserving green
space. The remainder parcel shall be approx. 40 acres. This variance is
harmonious with zoning in the area. The parcels are equal to or exceed lots
in existing subdivisions. in the area, both as to lot width and square
footage. (Ref: Domaleski and Birch Hills in the immediate vicinity) .
STATE OF NEW YORK )
ss ........... ... .... �d!L ...............................
COUNTY OF ) ignature
Sworn to this ..cam. l .r'�............................. day of.. ..................................
19 $�
Notary Public JACQUELINE COHEN;
NOTARY PUBLIC, State of New York
No. 4839694
Qualified in Suffolk County
Commission Expires March 30, 19-V
Ilse N - Y , z InvironihentaI Qua ) ity Ru !w Act requires sub-
`"`''''' mission of s form, and an environme.:,,,i1 review viill be
made .by this hoard before .any action 'i s taken
SHCRT E r c•I. . ,'.
;}'.yy.•.i NVIRO`+dEtiT.4L ASS?S`!!E.'!T FUN ���I
IslSTp1aCT'C'.S:
rf
(a) In order to answer the questions in this short EAF is is assured that the
;,:.'• pr eparer will use cLrrently .available. infor-.,aticn concerning the
4 project and the
�i?,` '•:: ;, `; likely impacts of the action. It is not expected that add itiorial: studio-, roaearc}�r
or ether ii:`.1..�. +: �'t`'::r.'.:.,_•,,.. rrvestaations will be undertaken. - � .,:�• ,
�.:
. •! ;•• :i' `'•�-' +� �(•b) 1.I1 any question has be. answered
.. .e � ::. ,,•���::%+,�,..:-
ccmpleted Envlrorv-ental Assessment Form isdnecestar )hn pro jest rs9y be significant and'
J • . ,f.1y1') t :f ':.�1•
(c) If all questions have been answered No i '`'• ' ` " i'�� t`�' ,,:, '
nc significant. L is likely that this project i3
., 3'Sit r!:},1,:• 't� h:r ,•,. ':'4, sir'•: ;.t�....' ,..;:f•a.{.
`'��'} `:•, •�; •7 .';;,: r. .i; (d) Envi ror., enta1 Assessment
Will project result in large ph sisal
Y change
to the project site or h' si a
:�; •<: +,., P / c lay eater morn �;: ;1•:
Lhan 10 acres of land? • • • • • • X.
.+.�' - , ' i,• 'i.i • • • • • • Yes X 'tic)
2. Will there be a 1 :?
an
unusual land form foundhongtheoBite?unique or• ''
Yes X No
? �; `,' .;�: 3• WL11 project alter or have a large effect on
.•� , .., ;; an existing body of water? • '
. . . .• Yes X' NO
: ;`.�'• : �, , 1, 1.. Will project have a potentially large impact, on `
grour;dwater quslltY' . • • • • ;'' `:. K
i; . Yee No
project significantly affect '
�. Willy ct drainage e flow - . . .
'.x:r>,1i1':;;,:;;';•: on adjacent sites? . . . . n 8
NO
6. Will project affect a
''''�•, P j any threatened or endangered
.J plant or ani.,al species? X.
. Yes No
,z 7• Will project result in a major adverse effect on
air quality: . . . . Yes X lie
Will have a `
project as jor affect on visual char-
aster of the community or scenic views or vistas '.�1: :• '
known to be important to'the conunitY?
+.
Yes X
rl t101 }' ,
9. Will project adversely ir.:pact any site or struct—
ure of historic, pro—historic, or paloontologicul :, ,'''#!." `i"```•''
importance or any site designated as a critical
environmental area by a local agoncy? •
Yes _X No
10. Will project have a major effect on existing or
future recreational opportunitios? .
Yes X ' No
11. Will project result in major traffic
cause a major effect to existing trnnsportaticnr
.:L..
. Yes ' X Np
12. Will project regularly cause objectionable odors,
noise, glare, vibration, or electrical disturb—
ance a, a result of the project'u operation? .
Yes X` NO 1
1). Will project have any impact on public health or
safety'' Yes X
140 Will project affect the existing community by
directly causing a grcwth in pernnnent pop,Lla—
t_cn of morn t:ian 5 percent over a ono-year
period or have a ma for n':r,3tive effect on t:e
character of the cOr"Muni•y ;r r:elghtorhood? . X `
Yes t:o •..:�....
15. Is there public entr^versy concerning the; project .) Yes X tJo
TITLE: President
p r?ESE:'TING Rial Realty Corp, DATE: ,tune 29, 1986
9iii�e
• �J Ll
._,lime 29 1986
(Tadsy,' s Date)
To: Southold Town Board of ADpeals
Main Road
Southold, NY 11971
Re: Anneal Application of gial Realtv Corporation
Location of Property: nrannn Road, Cutchogue, New or
S.C. # 1000-95-01-3 - —
Dear Sirs :
In reference to the New York State Tidal Wetlands band-uoc
Reguiations, 6 NYCRR, part 661, and Article 25 of the te'a York State- Environmental Conservation Law, please be advised that th
subject property in the within appeal application :
(ploasc, chf,ck erne box)
1 M;iy be located Wit111n 300 fc�t of tidal w�=�tlar.d:; ;
troc�t�ver, constructed along, the water-lying edc7c
of this property is a bulkhead irr very goc,d
condition and at least 100 feet in length. *
( ) May be located within 300 feet of tidal wetlands ;
however, constructed along the water-lyi^c er_-�
Of this property is a bulkhead n need 7e
o�(ma of (m�
j `) repairs , and approxi:-irately foot
length. in
( May be located within 300 feet of tidal wetlands '
ho:,rever, constructed along the ware*--1 n edge
of this property is a bul}:11ead less thanl00feet
in length.
( X ) May be located Within 300 feet or tidal wetlan(:Z ;
and there is no bul-khead or curic=et,.. wall e::isZi:lg
on the premises .
" ( ) Is not located within 300 feat of tidal wetlands
to the bcst of illy knowledge.
[:; tarred itern; (� ) irldic:atc your pro t pery not appear to fall wi tll iri d
the jurisdiction of the t`t .y,S , does
C.C. ]
Sincerely your,
lease)
t7OTE: If proposed project falls wit"IIi11 D. E. C. jurisdiction ,
approval must be received and submitted to our office before
Your application can be �;chedulod [Or a public hearing.
0
DIAL FEALTY CORPORATION 35
20 AUDREY AVENUE
OYSTER BAY, NEW YORK 1 1771 .
51 6/922.7022
Variance Application
Rial Realty
S.C. # 1000-95-01-3
Corporate Disclosure
Rial Realty Corporation
Peter Capone, President
20 Audrey Avenue
Oyster Bay, New York 11771
Vincent Kelly, Treasurer_
20 Audrey Avenue
Oyster Bay, New York 11771
C C
"� 4
23 March, 1986. `
Southold Town Planning Board C, q
Southold Town Hall
Main Street,
Southold, N.Y. 11971
Gentlemen:
Please be advised that the officers of RIAL Realty Corporation
are:
Peter Capone, President.
Oyster Bay, N:Y.
Vincent Kelly, Secretary-Treasurer
Oyster Bay, N.Y.
�y ou require any further information regarding RIAL,Realty
Corporation, please contact me.
Sincerely,
Sophia Greenfield, as agent.
%wrulard N Y 0'1.I I. Fnrtn RfNYL--2pM again nul Sulr bred, M111 Cnvenuntr .galrtn(:rn runr'r Am— 1u 1 or W,.gle 11rrl)
CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLYI
THIS INDENTURE, made the 3�lay of July , nineteen hundred and Eighty—five
B � .
ETWEEN 9�)�
NOBLE VINEYARDS LTD. , a New York corporation with offices c/o Wofsey,'
Certilman, Haft, Lebow & Balin, Esgs. , 71 South Central Avenue, Valley Stream,
New York, 11580,
party of the first part, and x t {
RIAL REALTY CORP. , a New York corporation with offices at 2T Audrey Avenue,
Oyster Bay, New York 11771
party of the second part,
WITNESSETH, that the party of,the first part, in consideration of ten dollars and other valuable consideration
paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs
or successors and assigns of the party of the second part forever,
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon a ected, situate,
lying and being a at Mattituck, Town of Southold, County of Suffolk ana State
of New York, bounded and described as follows:
BEGINNING at a point on the northwesterly side of Oregon Road where the
same is intersected by the southwesterly side of land .now or formerly of
Soundview Acres Co. Said point of beginning being distant south 51 degrees 51
minutes, .00 seconds west, 77.35 feet as measured along .the northwesterly side
of Oregon Road frm a highway angleman which is located approximately 800 feet
west of Alvah's Lane; running thence frcan said point or place of beginning,
along the northwesterly side of Oregon Road, south 51 degrees 51 minutes 00
seconds west,. 536.58 feet to land now or formerly of Rose H. Baer; running
thence along said last mentioned land, the following: north 30 degrees 50 minutes
10 seconds west 85.-60-feet; -north 32 degrees 17 minutes 10 seconds west, 422.29.
feet; north 32 degrees 09 minutes 00 seconds west 717.46 feet; north 32 degrees
30 minutes, 10 seconds west, 773.92 feet; north 31 degrees 32 minutes 00 seconds
west, 831.70 feet and north 31 degrees 40 minutes, 40 seconds west /.3 1�7- 8,5
feet to the high water line of Long Island Sound; running thence along said high
water line of Long Island Sound, the tie line of which is north S7 degrees
minutes /1. seconds east 451.5j feet to land now or formerly of Soundview
Acres Co.; running thence along said last mentioned land, the following: south
32 degrees 48 minutes 10 seconds east /-� �t.5v feet; south 33 degrees 14 minutes
50 seconds east 1471.00 feet and south 33 degrees 07 minutes 50 seconds east
IIS�� 1373.05 feet to the northwesterly side of Oregon Road at the -point or place
of BEGINNING.
rye`" SUBJECT to existing mortgages of record.
3 �
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 premises; TO HAVE AND TO
HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of
' n the party of the second part forever.
AND the art of the first
party part covenants that the party of the first part has not done or suffered anything
whereby the said premises have been encumbered in any way whatever, except as aforesaid.
AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of
0 t�I the first part will receive the consideration for this conveyance and will hold the right to receive such consid-
cration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will appl%
thesame first to the payment of the cost of the improvement before using any part ofthe total of the salve for
iany other purpose.
7 The word "party" shall be construed as if it read "parties" whenever the sense of this indenture 5o requires.
IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above
written. •(;
n .; NOBLE VINEYARDS LTD.
IN PRESENCE OF* RFSIVCyp •
t�1 $...... �. r• , �_
REAL ESTATE
JUL 15 1985 Herman L. Freid - President
TRANSFER TAX
SUFFOLK
COUNTY
STA,T.k OF NEW YORK, COUNTY OF SSI STATE OF NEM RK, COUNTY OF ssqfl SSI
' On the day of 19 , before me On the day of 19 , before me
personally came personally came
to nIc known to be the individual described in and who to me known to be the individual described in and who
executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that
executed the same. executed the same.
STATE OF NEW�ORRK, COUNTY OF NASSAU SS: STATE OF NEW YORK, COUNTY OF SS:
On the 3� ay of Julys 19 85, before me On the des f y o 19 , before me
personally came '�W L. ID personally came
to me known, who, eib ng by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with
say that he resides at No. 71-41 260th Street, whom I am personally acquainted, who, being by me duly
Glen Oaks, New York sworn, did depose and say that he resides at No.
that lie is the President
of NOBLE VINEYARDS LTD, that he'knows
the corporation described
in and which executed the foregoing instrument; that he to be the individual
knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument;
to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw
affixed by order of the board of directors'of said corpora- execute the same; and that he, said witness,
tion, and that he si is ame thereto li e order. at the same time subscribed h name as witness thereto.
No
NOTARY PUBLIC, Stare f New York
�Jo. .0-4673829
Qualified in Nassau CourltY
Commissinn
argain nub #alr 11rrb ."
WITH COVENANT AGAINST GRANTOR'S ACTS i� SECTION
95
TITLE / /`�' .'�/CJ / Cif To T. G 'CO• BLOCK 1
LOT 3
NOBLE VINEYARDS LTD.
TO COUNTY A of Suffolk.
Recorded at Request of
RTAL REALTY CORP. CHICAGO TITLE INSURANCE COMPANY
STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Return by Mail to
Distributed by pry Es�27 A
CHICI&GO TITI.S O :�S 7 /A'1/� �I, 5
INSUIERAMCM COMIPANY
Zip No. -7 7
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aINEN K SIAT( DIPnR7MFNT Of ENVIRONMENTAL CONS TION
t• DFC.PERMII NUMfifR AMk tIFECTIVE DATE
10-86-0360 7/1/86
FACILITY/PROGRAM NUMBER(s) PERMIT EXPIRATION DATE(s)
Under the Environmental Conservation Law
N/A 12/31/87
❑Article 15, Title 5: DArticle 17, Titles 7, 8: SPDES ❑Article 27, Title 7:
Protection of Water ❑Article 19: Solid Waste Management
❑Article 15, 'Title 15: Air Pollution Control ❑Article 27, Title 9:
Water Supply ❑Article 23, Title 27: Hazardous
❑Article 15, Title 15: Mined Land Waste Management
Water Transport Reclamation DArticle 34:
❑Article 15, Title 15: ❑Article 24: Coastal
Long Island Wells Freshwater Wetlands Erosion Management
❑Article 15, Title 27: ®Article 25: ❑Article 36:
Wild, Scenic Tidal Wetlands N Floodplain Management
and Recreational Rivers ❑Articles 1, 3, 37; 6NYCRR 380:
❑6NYCRR 608: N—New, R—Renewal, M—Modification Radiation Control -
Water Quality Certification C—Construction; O—Operation, (If Applicable)
PERMIT ISSUED TO
Rial Realtv Corp.
ADDRESS OF PERMITTEE
20 Audrey Avenue, Oyster Bay, New York 11771
AGENT FOR PERMITTEE/CONTACT PERSON TELEPHONE NUMBER
The Land Use Company, North Cou try Road Box 361 929-3575
x x �x ac asProject Site-On Long Island Sound, northside
f Ox o RRa4 between lands n.o. f. Rose H. Baer and Soundview Acres,
LOCATION OF PROJECT COUNTY TOWN/CITYNILLAGE UTM COORDINATES
Mattituck Suffolk Southold
DESCRIPTION OF PROJECT/FACILITY
Subdivide a 47. 05 acre lot into 4 lots each to be in excess of 2 acres .
Subdivision is to be in accordance with plan on survey by John T: Metzgar
with latest revised date o 6'f 20 86 showing buildin setback line 100 '
landward of "Top Bluff" on lots 3 and 2 (the portion that parcTllels Long
Island Sound on Lot 2 ) an 0 ' setback L
GENERAL CONDITIONS
By acceptance of this permit,the permittee agrees that the permit is contingent upon strict compliance
with the ECL, all applicable regulations and the.conditions specified herein or attached hereto.
1. The permittee shall file in the office of the appropriate regional permit administrator,or other office designated in the special conditions,a notice of intention to commence
. work at least 48 hours in advance of the time of commencement and shall also notify him/her promptly in writing of the completion of the work.
2. The permitted work shall be subject to inspection by an authorized representative of the Department of Environmental Conservation which may order the work suspended if
the public interest so requires:
3- The permittee has accepted expressly,by the execution of the application,the full legal responsibility,for all damages,direct or indirect,of whatever nature,and by whomever
suffered,arising out of the project described herein and has agreed to indemnify and save harmless the State from suits,actions,damages and costs of every name and descrip-
tion resulting from-the said project
4. The Department reserves the right to modify, suspend or revoke this permit at any time after due notice, and, if requested, hold a hearing when:
a) the scope of the project is exceeded or a violation of any condition of the permit or provisions of the ECL and pertinent regulations are found;or '
b) the permit was obtained by misrepresentation or failure to disclose relevent facts;or
c) newly discovered information or significant physical changes are discovered since the permit was issued.
5. The permittee is responsible for keeping the permit active by submitting a renewal application,including any forms,fees or supplemental information which may be required
by the Department,no later than 30 days(180 days for SPDES or Solid or Hazarduous Waste Management permits)prior to the expiration,date.
6. This permit shall not be construed as conveying to the applicant any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the
permitted work or as authorizing the impairment of any rights, title or interest in real or personal property held or vested in a person not a party to the permit
7. The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of way which may be required for this project
8- Issuance of this permit by the Department does not,unless expressly provided for,modify,supersede or rescind an order on consent or determination by the Commissioner
issued heretofore by the Department or any of the terms,conditions,or requirements contained in such order or determination.
9. Any modification of this permit grArtlet 11
c,ep2emeR �Ti c icing and attached hereto.
PERMIT ISSUANCE DATE lzrles
MIT ADMINISTRATOR :EAD7DRESS Bldg. 40, SUNY, Room 219
7 1 86 T. Hamilton Brook N. Y. 11794
AUTHORIZED IG ATURE
X
` Page 1 of 3
cc: Fa lion •
i 7(Na"f91P,5) I
("ADDITIONAL GENERAL CONDITIONS FOR CLES 15 (Title 5), 24, 25, 34 and 36
10. That if future operations by the State of New York require an al- 14. Any material dredged in the prosecution of the work herein permitted
teration in the position of the structure or work herein authorized, or shall be removed evenly,without leaving large refuse piles,ridges across
if, in the opinion of the Department of Environmental Conservation the bed of a,waterway or floodplain or deep holes that may have a
it shall cause unreasonable obstruction to the free navigation of said tendency to cause damage to navigable channels or to the banks of
waters or flood flows or endanger the health, safety or welfare of a waterway.
the people of the State, or cause loss or destruction of the natural 15. If any material is to be deposited or dumped under this permit,.either
resources of the State,the owner may be ordered by the Department to in the waterway or on shore above high-water mark,it shall be deposited
remove or alter the structural work; obstructions, or hazards caused or dumped at the locality shown on the drawing hereto attached,and,
thereby without expense to the State, and if,.upon the expiration or if so prescribed thereon, within or behind a good And substantial
revocation of this permit, the structure, fill, excavation, or other bulkhead or bulkheads, such as will prevent*escape of the material
modification of the watercourse hereby authorized shall not be com- into the waterway.
pleted, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental 16. There shall be no unreasonable interference with navigation by the work
herein authorized.
Conservation may require,remove all or any portion of the uncompleted
structure or fill and restore to its former condition the navigable 17. If granted under Articles 24 or 25, and if upon the expiration or re-
and flood capacity of the watercourse.No claim shall be made against vocation of this permit,modification of the wetland hereby authorized
the State of New York on account of any such removal or alteration. has not been completed, the applicant shall,without expense to the
State, and to such extent and in such time and manner as the
11. That the State of New York shall in no case be liable for any damage Department of Environmental Conservation may require,remove all or
or injury to the structure or work herein authorized which may be caused any portion of the uncompleted structure or fill and restore the site
by or result from future operations undertaken by the State for the to its former condition. No claim shall be made against the State of
conservation or improvement of navigation,or for other purposes,and New York on account of any such removal or alteration.
no claim or right to compensation shall accrue from any such damage. -
12. That if the display of lights and signals on any work hereby authorized 18. If granted under Article 36, this permit does not signify in any waythat the project will be free from flooding. :
is not otherwise provided for by law, such lights and signals as may
be prescribed by the United States Coast Guard shall be installed and 19: All activities authorized by this permit must be in strict conformance
maintained. with the approved plans submitted by the applicant or his agent as part
of the permit application.
13. All necessary precautions shall be taken to preclude contamination
of any wetland or waterway by suspended solids, sediments, fuels, Such approved plans were prepared by J_T-Met 7.ga r
solvents, lubricants,epoxy coatings,paints,concrete,leachate or any 6/20/86
other environmentally deleterious materials associated with the on
project.
SPECIAL CONDITIONS
1. There is to be no construction or disturbance to vegetation or
typography seaward of the "Top (of)Bluff" shown on said survey
under authority of this permit.
Supplementary_ Special Conditions (A) through (J) attached.
DEC PERMIT NUMBER
N/A
PROGRAMIFACILITY NUMBER
Page -2— of �_
j
t 1
SUPPLEMENTARY SPECIAL CONDITIONS ✓'_"
The f011 owl lip, conditions apply to all permits:
A. If any of the permit conditions are unclear, the permittee shall contact
the Division of Regulatory Affairs at the address and telephone noted below.
B. A copy of this permit or approval and supplementary conditions shall be
available at the project site whenever authorized work is in progress.
C. The. permit sign enclosed with the permit or a copy of letter of approval
shall be protected from the weather and posted in a conspiclous location
at the work site until completion of authorized work.
D. At least 48 hours prior to commencement of the project, the permittee shall
complete and return the top portion of the enclosed receipt form certifying
that he is fully aware of and understands all provisions and conditions of
this permit. Within one week of completion of the permitted work, the
bottom portion of that form shall also be completed and returned.
E. For projects involving activities to be accomplished over a period or more
than one year, the permittee shall notify the Regional Permit Administrator
in writing at least 48 hours to the commencement of resumption of work each
year.
F. If project design modifications take place after permit issuance, the
permittee shall submit the appropriate plan changes for approval by the
Regional Permit Administrator prior to undertaking any such modifications.
The permittee is advised that substantial modification may require sub-
mission of a new application for permit.
G. All necessary precautions shall be taken to preclude contamination of any
wetlands or waterway-by 'suspended solids, sediment9 fuels, solvents,
lubricants, epoxy coatings, paints, concrete, leachate or any other
environmentally deleterious materials associated with the project work.
H. Any failure to. comply precisely with all of the terms and conditions of
this permit, unless authorized in writing, -shall- be treated as a violation
of the Environmental Conservation Law.
I. The permittee is advised to obtain any permits or approvals that may be.
required from the U.S. Department of Army Corps of Engineers, NY District,
26 Federal Plaza, New York, NY 10278, (Attention:, Regulatory' Functions
Branch) , prior to commencement of work authorized herein.
J. The granting of this permit does not relieve the permittee of the
responsibility of obtaining a grant, easement, or other necessary approval
from the Division of Land Utilization, Office of General Services; Tower
Building, Empire State Plaza, Albany, NY 12242; which may be required for.
any encroachment upon State-owned lands under water.
Regional Permit Administrator.
NYS Dept. .of Environmental Conservation
Bldg. 40, SUNY--Room 219 ,
Stony Brook, NY 11794
(516) 751-7900
DEC # 10-86-0360
Page 3 of 3
WINN OF SOUTHOLD PROPERTY ..RECORD.- CARS A6 - ,y
OWNER- STREET VILLAGE DISTRICT SUB. LOT -
FORMER O NER ^ 1 /' NCZ3 ACREAGE _•' ,'
!/.v \C 2 V i a t, ci '"`I -lie. ?v.
S W _-_- , TYPE OF BUILDING
RES.,/ SEAS. VL. � FARM comm. IND. CB. I MISC.
/LAND IMP. TOTAL DATE REMARKS
O O
D n 0 A
Fr J •� - .� vXS�y"; ,J - r / d//G,/? SoLQ � pjd,DOQ.r �yS,E/�C5/�'$Kl +-PlF T
g ® O y -/—
r� } yrL S ���J!O9'd /9�, ��sc�1 �o /1���� r /�'�`` L 9S
-722
AGE Lf� d-d BUILDING �,ONDITI N s`3�/�.3 & '. Elf•��, �"e� ,gf�a��� � �j' �rro-a f�3o4
\� ?
NOvRMAL W ABOVE 31 lr /'
Fa m Acre Value Per Acres slue } 30 j� 4-61 .�JQ6 k plel
-
' _ t
Tillable 2
Tillable, 3 -
Woodland
—s_wamplancl
Brushland -401 /°
House'Plot / Q 0 O �
A=30
Tota I /
Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 5®Ll`Y HOLD, L,I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR. /{ L
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI August 6 , 1 98 6
Ri al Realty Corporation
20 Audrey Avenue
Oyster Bay , NY 11771
Re : Appeal No. 3541 (Variances )
Dear Sirs :
This letter will acknowledge receipt of your recent applica-
tion . The . Members of the Board of Appeals will be conducting
field inspections and environmental reviews as may be required
by State and Local Laws prior to their scheduling your application
for public hearing .
Although the earliest available date for public hearing at
this time is on or about Sept . llth; written confirmation will
be sent -to you within the next couple of weeks . A copy of the
legal notice of hearings will be sent to you prior to publication
in the Suffolk Times and L . I_ e Traveler-Watchman by our - office .
Please feel free to call if you have any questions .
Yours very truly ,
GERARD P . GOEHRINGER
CHAIRMAN
By Linda Kowalski
cc : Mrs . Sophia Greenfield "
Planning Board
(*subject to receiving input from the Planning Board, by our
advertising deadline of August 20th . )
n L�
T LD
Y
Southold, N.Y. 11971
-(516) 765-1938
August 26, 1986
RIAL Realty Corporation
Peter Capone, President
20 Audrey Avenue
Oyster Bay, NY 11771
Re: Minor subdivision
Dear Mr. Capone:
The following action was taken by the Southold Town Planning
Board, Monday, August 25, 1986.
RESOLVED that the Southold Town Planning Board refer the
following comment to the Board of Appeals regarding the
application for RIAL Realty, located at Mattituck:
1. The Planning Board is not in favor of the right-of-way
as proposed due to the severity of the curve in the vicinity of
® Lot no. 2.
-" If you have any questions, please don' t hesitate to contact
our office.
�1
Very truly yours,
BENNETT ORLOWSKI, JR. , CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Diane M. Schultze, Secretary
cc:/opn
ia Greenfield
ng. Board of Appeals
/*
4 September, 1986
Southold Town Zoning Board of Appeals
Southold Town Hall
Main Street,
Southold, N.Y. 11971
Re: Rial Realty Variance Application.
Gentlemen;
Upon request and recommendation of the Southold Town
Planning Board the owner of the property has increased all
lot sizes to include at least two acres of upland/buildable
acreage and provide additional greenspace. The remainder
parcel, lot #4 , was given access to Long Island Sound.
At the suggestion of Mr. Lessard and Mr. Bryer adjustment
has been made to flatten the road contours. ( See copy of the °
enclosed memo to the Southold Town Planning Board dated
4 September, 1986. )
Si rely,
Sophia Gre field, s agent for
Rial Realty
��P
ZbA
4:September, 19,86 -
Southold Town Planning Board
Southold Town -Hall
Southold, N.Y 11971
Res Rial Realty Subdivision Application
Gentlemen;
As per the suggestion of Mr. Victor Lessard and Mr. Jim
Bryer subsequent to their late April, 1986, site. inspection
of the-Rial Realty property, adjustment has been made to flatten
the road contours. (; See most recent maps with road revision.
Maps are dated July 21, 1986. )
We hope this addresses and satisfies the Board's concern
s - re rdin this matter and would appreciate. your immediate
comment''and response both to the property owner. and the
Zoning Board of Appeals.
t S erely,.
S. Greenfield, as agent for
Rial Realty Corporation
o y�
T Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD I
MEMBERS September l'l , 1986
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS,JR.
SERGE DOYEN, JR. S.E.Q.R.A.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3 t
PROJECT NAME: RIAL REALTY CORP .
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of. the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar.
project.
TYPE OF ACTION: [X ] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Lot-l-i-ne variance- (lot wi.dth)- o-f
three parcels in this pending s_ubd..i.vision .
LOCATION OF PROJECT: Town of Southold, Countyy of, Suffolk, more
particularly known as: N/s right-of-way extending off the
N/s of Oregon Road , Mattituck. _
REASON (S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The relief requested is a lot-line variance regulated as
provided in Section_ 617 . 13 of the State. Environmental Quality
Review Act , 6 NYCRR.
* FOR FURTHER •INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary,
Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516-
765-1809 or 1802.
Copies of this notice sent to the applicant or his agent and posted
on the Town Clerk Bulletin Board.
* (3 ) The relief requested i.s not directly related to new construction .
JU
Southold, N.Y. 11971
(516) 765-1938
September 8, 1986
RIAL Realty Corporation
Peter Capone, President
20 Audrey Avenue
Oyster Bay, NY 11771
Re: Minor Subdivision
Dear Mr. Capone:
This letter is to acknowledge receipt of new surveys
for the minor subdivision of RIAL Realty located apt Mattituck.
The Board has noted that these surveys reflect the
revision to the right-of-way as requested by the Planning
Board.
If you have any questions, please don' t hesitate to contact
our office.
Very truly yours,
BENNETT ORLOWSKI, JR. , CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Diane M. Schultze, Secretary
cc:Zoarddof Appeals
Sophia Greenfield '
VEL CONSTRUCTION CORP.
1138 William Floyd Parkway
Shirley. New York 11967
(516) 281-2646 ��
July 62 1987
RE: Section #95
Lot 3
Block 1
55-75 Oragon Road
Town of Southold
Mattituck, NY ;-
Dear Mr Chairman and Members of the Zoning Board of Appeals :
I Carmine Aliperti, 'resident of TEL CONSTRUCTION,
request permission to plant several trees within a hundred
feet of the bluff on the above property. This was also
advised by your Chief Building Inspector Mr. Lasard.
If you wish to meet with me personally, I would be
glad to do so.
Sincerely,
Carmine Aliperti
President
Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR. �
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI July 16 , 1987
Mr . Carmine Aliperti , President
Vel Construction Corp .
1138 William Floyd Parkway
Shirley , NY 11967
Re : Your Letter Dated July 6 , 1987
Premises at Oregon Road , Mattituck
ID #1000-95-1 -3
Dear Mr. Aliperti :
We are in receipt of your letter concerning premises
now or formerly Noble Vineyards Ltd. (previously owned by
Rial Realty Corp . ) requesting "permission to plant several
trees within a 100 ft. of the bluff ,on the above property. "
Our records under Appeal No . 3551 rendered October 10 ,
1986 indicate that conditions were imposed . Condition
No . . l reads as follows :
. . . No disturbance of land within the 50 ft. distance
shown along the 49. 5 contour line of proposed Lot #1 . . . .
It is our recommendation that a plan be submitted
to the Building Department showing all proposed changes
or grading . plan (existing verses proposed ) , together
with the areas of plantings . In this way , it can be
determined by the Building Inspector whether or not
any disturbance of land is being proposal and advise
you to proceed further through our office and through
the N . Y . S . D . E . C . as may be deemed necessary .
i
� F
2 - July 16 , 1987 I
Mr. Carmine Al.iperti , President
�J
Vel Construct.i.on Corp.
�e : Premises at Oregon Road , Mattituck
1000-95-1 -3
Please furnish us with copies of your application to
the Building Department together with tthe proposed grading
plan in order that we may be kept up-to-date .
Yours very truly ,
r
GERARD P . GOEHRI; ER
CHAIRMAN
lk
cc : Mr . Victor Lessard _
Building-Department Administrator
Southold Town Planning
COUNTY OF SUFFOL.K
PETER F.COHALAN
SUFFOLK COUNTY EXECUTIVE ec. �()) , r'4
DEPARTMENT OF PLANNING 360-5206 LEE E.KoPPELM
DIRECTOR OF PLANNING
October 28, 1986
Town of Southold
Zoning Board of Appeals
Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County
Charter, the following application(s) which have been referred to the Suffolk
County Planning Commission are considered to be a matter for local
determination. A decision of local determination should not be construed as
either an approval or a disapproval.
Applicant(s) Municipal File Number(s) _
John J. Newman 3442
Raymond T. Goodwin 3530
Arthur & Bernadette Burns 3532
Mr. & Mrs. John Bredemeyer 3533
Robert Waddington 3534
George & Pat Brown 3536
Michael Herbert - 3539
Mr. & Mrs. Mark La Rosa 3540
,/Mr. Peter Capone, Pres. Rial Realty Corp. 35.' l
Very truly yours,
Lee E. Koppelman
Director of Planning
S/s Gerald G. Newman
Chief Planner
VETERANS MEMORIAL HIGHWAY
HAUPPAUGE,L.I.,NEW YORK 1 1768
181 61 360-51 92
1
j x Southold Town Board of Appeals , , .
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS,JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
Pursuant to Article ' XIII of the Suffolk County Charter , the
Board of Appeals of the Town of Southold , New York , hereby refers
the following .to the Suffolk .County Planning Commission :
XX Variance from the Zoning Code , Article III, Section 100-31, Bulk
Schedule A-80
Variance from Determination of Southold Town Building Inspector
Special Exception , Article Section
Special Permit
Appeal No . : 3551 Applicant :. Mr. Peter Capone, Pres. Rial Realty Corp.
Location of Affected Land : '-Oregon Rd. , Mattituck, NY
County Tax Map Item No . : 10 00- 95-1-3
Within 500 feet of:
Town or Village Boundary Line
Body of Water (Bay , Sound or Estuary )
State or County Road , Parkway , Highway , Thruway
Boundary of Existing or Proposed County , State or Federally Owned Land
Boundary of Existing or Proposed County , State or Federal Park or
Other Recreation Area
Existing or Proposed Right-of Way of Any Stream or Drainage Channel
Owned by the County or for Which The County Has Established Channel
Lines ,
or Within One Mile of a Nuclear Power Plant
Within One Mile of An Airport .
COMMENTS: Applicant is requesting 3U &ft5xix0AxxtPx approval of insufficient
lot width of three proposed parcels in this pending nminor subdivision.
Copies of Town file and related documents enclosed for your review.
Dated : Oct. 21, 1986 �� G �.
Se� r ard f Appeals
�gOFFO(,�c
Oe
o
COD
PLANNING BOARD MEMBERS SCOTT L. HARRIS
Bennett Orlowski, Jr., Chairman �iJi �� Supervisor
George Ritchie Latham, Jr.
Richard G. Ward Town Hall, 53095 Main Road
Mark S. McDonald P.O. Box 1179
Kenneth L. Edwards Southold, New York 11971
PLANNING BOARD OFFICE
Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823
TO: Gerard P. Goehringer
Chairman, Zoning Board of Appeals
FROM: Bennett Orlowski, Jr. , Chairman X6A
RE: ZBA Decision for Rial Realty Corp.
Appeal No. 35;�k
Decision Rendered Octor-
SCTM# 1000-95-1-3
DATE: December 11, 1992 �� 16199E
In 1986 RIAL Realty had a pending—four—lot subdivis.i.on
application before the, Planning Board for the above mentioned
parcel. RIAL Realty was also before the Zoning Board of Appeals
for a variance for approval. of insufficient lot width of. three
of the proposed parcels in the pending four lot minor
subdivision.
The variance was granted on October 10, 1986 subject to the
following two conditions:
1. No disturbance of land within the 50-ft. distance
shown along the 49. 5' contour line of. proposed L.ot. #l;
2. The dimensions of the lots shall be as shown by minor
subdivision map lastly revised July 21, 1986; no
lot-line changes shall be permitted.
The Planning Board approved the sketch map on November 10,
1986. The .applicant never submitted maps with approval from the
Suffolk County Department of Health Services and therefore final
subdivision approval was never granted.
The entire property was eventually sold to Mr. Aliperti.
Mr. Aliperti currently has an application before the Planning
Board for a major subdivision. In this proposal there are three
sound front lots. These three lots are similar to, though not
exactly the same as, the- three lots involved in the variance
application.
AV
The Planning Board questions whether or not the variance
granted by the Zoning Board of Appeals for. the proposed minor
subdivision, which never received final approval, is valid for
the proposed major subdivision.
I have enclosed a copy of the 1986 ZBA decision, a copy of
the map for the minor subdivision proposal that did not receive
Planning Board approval and a copy of the map dated Dec. 3,
1992, for the major subdivision proposal. that is currently
before the Planning Board.
Encl.
o� ✓yam.r„�
i
APPEALS BOARD MEMBERS. , SCOTT L.HARRIS
Supervisor
Gerard P. Goehringer, Chairman
Serge Doyen,Jr. ,:, Town Hall, 53095 Main Road
James Dinizio,Jr. P.O.Box 1179
Robert A.Villa 3 Southold, New York 11971
Richard C.Wilton Fax (516) 765-1823
Telephone (516)765-1809 Telephone (516)765-1800
BOARD OF APPEALS
TOWN OF SOUTHOLD
TO : Bennett Orlowski , Jr . , Chairman , Planning Board
e �
FROM : Jerry Goehringer , Chairman , Z . B . A. �."'-':
DATE : December 31 , 1992
SUBJECT : Your Memo/Inquiry of December 16th (dated Dec . 11 )
Rial Realty Appeal No . 35�(
This memorandum is in response to your inquiry concerning the
validity of a Z . B. A. variance rendered in 1986 .
The lot width of each Lots #1 , #2 and #3 are dr.awn appropriately
on the major subdivision map revised December 2 , 1992 , in
accordance with the ZBA' s determination .
Since ZBA determinations run with the land and there has been
no adverse change in the configuration of the three lots under
the lot width variance, the variance remains and a new applica-
tion is not required . The change from a minor to a major
has no effect on this particular appeal .
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SOUTHOLD TOWN BOARD OF APPEALS
MATTER OF RIAL REALTY CORP.
THURSDAY, SEPTEMBER 11 , 1986 PUBLIC HEARING
7 : 40 p.m. Appeal No. 3541 - Public Hearing commenced in the
Matter of RIAL REALTY CORP. Variances for insufficient lot
width of three proposed parcels. Northerly end of ROW ex-
tending from N/s Oregon Road, Mattituck.
The Chairman read the legal notice and application for the
record. -
CHAIRMAN : I have, several copies of the existing subdi-
vision map which was produced by Peconic Surveyors, most re-
cent date was January 30 , 1986 . wh.ich indicates 47± acres sub-
division. and it also indicates the three lots. Basically the
nature of this particular application, although we are in ef-
fect creating four, One of which is a 40 acre lot. And we're
not creating it but we're dealing with it. The Planning Board
creates it. And I have a copy of the Suffolk County Tax Map
indicating this and surrounding properties in the area. I
think that' s enough for the record. Would you like to speak.
I 've got to ask you to use the mike if you don't mind. Maybe
you can pull it over a little bit your way.
SOPHIA GREENFIELD: I 'm coming before you as a representative
of Rial Realty whose variance hearing is being held tonight.
Forgive me for being redundant. I will repeat a little bit
but I will hope to minimize that. I 'm working from notes,
again bear with me. The owner seeks to divide this 47 acre
property into four lots. Three waterfront and one remainder
parcel. The variance sought is insufficient lot width. With
the advisements, suggestions and counsel of our professional
planner, David Emilita , Mr . Lessard and Southold Town
Planning Board member$ this waterfront parcel designed di-
vided the parcel of property into three lots, four lots.
Three with at least over 80 thousand square feet of buildable
upland area. The total square footage of the lots was 94 ,795
95, 100 and 1.11 , 50.0. The design obviously expands green space.
The lot widths are 150 feet, 150 feet and 163 feet. On an
average, the variance that we're requesting is less than 100
above or 10% different than the required minimum. I 'm not
an expert appearing in front of you. However, I did spend
some time over the last few days talking to four or five
real estate brokers. And I was advised with a goodly amount
of agreement that if these parcels as designed were marketed
currently, the owner would anticipate a return of about $250 , 00
per lot and I 'm saying three lots as described. With the owner
forced to divide the property into two lots which I feel would
be awkward and unyielding the most likely comparable, we gather
at the moment, would be about $325 , 000 per lot making it $650 , 00
as adversed to $750 ,000. The owner could sustain a loss of
$100 ,000. For your information, I presented you with a pasted
Page 2 - September 11, 1986
Public Hearing-Rial Realty Corp.
Southold Town Board of Appeals
MS. GREENFIELD: , (continued) :
tax map basically scanning the waterfront in the Cutchogue area "
locating the Rial property= extending the waterfront part to the
west. It' s really part of Soundview Avenue to the east to the
subdivision Birch Hills... Notice also the inclusion of a survey
of the Domaleski property which is a two lot subdivison.which
had sought and granted a variance in 1984. It' s a lot width of
145 feet. and lot areas of 1.9 acre and 2 acres. The Rial proper-
ty on the other hand, have greater frontage in all cases; 150' ',
feet, 150 feet and 163 feet and greater square footage per lot.
We feel that Rial's planner reflect Sound design and planning
principals. It preserves great green space and is in harmony
with the area. We request that our variance be granted.
CHAIRMAN GOEHRINGER: Can I ask you one quick question?
MS. GREENFIELD: I will attempt to answer you.
CHAIRMAN GOEHRINGER: On the lot that is the most northeast
piece, you have across that. . . You have across that crater
like area that' s cut out of the (it' s actually) part of the
lot but it causing a (I 'd guess you'd say) cavern type of at-
mosphere when you're standing on top of it. I noticed there
that you only have a 50 foot building line,.at that particular
point. Is there any particular reason why that's not a 100 feet?
MS. GREENFIELD There was originally 100 foot building line
which ran across the top section which would have been that.
little triangle piece in lot number 1. After confirming with
the Building Department,: the Planning Board and also V th the
D.E.C. , it was indicated that that building lot on that tri-
angle should be or the setback line should be removed. After
lengthy discussion with Mr. Lessard , Mr. Emilta and' also with
the D.E.C. , there was an agreement to use the 50 foot setback.
What we call a ravine, a cavern or whatever is a man made sand-
pit. It has stable vegatation. And' on that basis, it's a non-
eroding situation, they felt that a 50 foot setback would not
be a strain on the bluff. Thank you.
CHAIRMAN GOEHRINGER: Thank you. . Is there anybody else who
would like to speak in favor of this application? Is there
anybody who would like to speak against the application?
Questions from Board members. The proposed road that's going
to go in there, is it going to meet some minimum specifications?
Is the Planning Board going to deal with those specifications
on the road?
Page 3 - September 11, 1986
Public Hearing-Rial Realty Corp.
Southold Town Board of Appeals
MS. GREENFIELD To my understanding, yes.
CHAIRMAN GOEHRINGER: Have they asked for anything in particular?
MS. GREENFIELD We are to see them after our meeting with you
and we expect to meet whatever standards required.
CHAIRMAN GOEHRINGER: And is the electric service going to be
underground or overhead? -
MS. GREENFIELD I have not addressed that. I don't know.
CHAIRMAN GOEHRINGER: Ok. Thank you. Hearing no further ques-
tions, I 'll make a motion closing the hearing reserving decision
until later.
All in favor - aye.
Transcribed from cassette tapes recorded electronically at the
meeting by Linda Kowalski , ZBA. CTerk .
Nadia _Moore. _ _
d
Southold Town
Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS I
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI August 13 , 1987
Bernard L . Burton , Esq .
Burton and- Burton
One Rabro Drive
Hauppauge , NY 117.88
Re : Appl . No . 3541 - Rial Realty Corp . ( Now ACMT Equities )
Z . B. A. Conditional Action Rendered October' 10 , . 1986
Dear Mr . Burton :
We are in receipt today of your letter dated August llth
concerning the above premises .
It is requested . that any and all measures taken to
mitigate the activities along and near the bluff areas an;d
within 50 feet of the bluff be processed through the Town
Executive Administrator , Victor , Lessard (765- 1802 ) and
with the recommendations of the Suffolk County Soil and
Water Conservation Service (727-2315 ) . Please be sure ,
to check with the N . Y . S. Department .of Env.i. ronmental Con-
servation and Town Trustee Office concerning their
jurisdiction in this matter.
Unfortunately , title insurance reports and policies
exclude zoning restrictions thereby requiring extensive
research concerning real -estate transactions .
Our records are available at any time if assistance
is needed .
Yours very truly,
lk GERARD P . GOEHRINGER
cc : Mr. Victor Lessard CHAIRMAN
Exec . Administrator ( Bldg .. Dept . )
Southold Town Planning Board
r �
LAW OFFICES
BURTON AND BURTON pYj�
ONE RABRO DRIVE
HAUPPAUGE. NEW YORK 1 1 788
BERNARD L. BURTON TELEPHONE
ALSO ADMITTED IN FLORIDA 516 234-1919
STEVEN M.BURTON
August 11, 1987
Town of Southold
Town Hall
53095 Main Road
Southold, New York 11971
Re: ACMT Equities, Inc.
Gentlemen:
This office represents the above named client and wishes to
bring to your attention that at time of closing of title on property
situated on Oregon Road, Mattituck, New York, on or about February 1987,
no provision or condition was involved which would affect the 50 foot
setback from the bluff.
Neither the seller nor his counsel, at any time, advised of
any restrictions concerning the bluff and no restrictions were discovered
during the various searches prior to closing. Our client did not have
knowledge of any such restrictions and, of course, will abide by same
in the future.
We trust that this information will be helpful to you.
Very truly yours,
BURTON & BURTON
Bernard L. Burton
BLB:ct
cc: Southold Town Planning Board
cc: Southold Town Building Department-"'
cc: ACMT Equities," Inc.
Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN 1
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR. �
ROBERT J. DOUGLASS August 13 , 1 98 7
JOSEPH H. SAWICKI
John N. Prudenti , Esq .
Prudenti_ & Clayton
971 Montauk Highway
Shirley , NY 11967
Re : Appl . No . 3541 - Rial Realty Corp . (Now ACMT Equities )
ZBA Conditional Action Rendered October 10 , 1986
Dear Mr . Prudenti :
We are in receipt today of your August 11 , 1987 letter
concerning the above premises .
It is requested that any and all measures taken to
help mitigate these activities within 50 feet and below
the bluff areas be proceeded through the Town Executive
Administrator for the Building Department , Mr. Victor
Lessard (765-1802 ) and with the recommendations of the
Suffolk County Soil and Water Conservation Service (727-2315)
immediately .
Please be sure to check with the N . Y . S . Department of
Environmental Conservation (751 -7900 ) concerning their
jurisdiction in this matter.
Yours very truly,
GERARD P. GOEHRINGER
lk CHAIRMAN
cc : Mr . Victor Lessard
Building Department
Southold Town Planning Board
7 THE LAW FIRM OF
PRUDENTI & C LA YTON
_ t.
971 Montauk Highway
Shirley, New York 11967 �/�3/�/
JOHN N. PRUDENT] (516) 281-8724
JOHN F. CLAYTON '!�!°`'�f `4. rig �' (516) 281-8734
August 11 , 1987 to v . k Soutphold
Town of Southold
Board of Appeals
Main Road
Southold, NY 11971
Attention: Gerard Goehringer
Chairman Board of Appeals
Re: ACACNT Equities, Inc.
Northside of Oregon Road, Long Island Sound
Dear Mr. Goehringer:
On or about February, 1987, I had occasion to advise Carmine Aliperti
that no applications would be required for the filling of a certain
parcel of the above-captioned property, which had prior to the
acquisition been used as a dumping area. Specifically, I told him that
a wetland permit would not be -required in that the property had an
elevation of greater than ten ( 10) feet and an area of less than 15 ,000
square feet .
No doubt, Mr. Aliperti relied upon the truth and accuracy of the
stata-mant :;adc. I apologize for any inaccuracies in my instruction to
Mr. Aliperti I extend those apologies to yourself and The Town of
Southold.
To mitigate against any condition that may have been caused, the area
disturbed will be re-vegitated with appropriate planting .
Very truly yours,
I )
U �
JOHN N. PRUDENTI
JN lah
cc Carmine Aliperti
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Southold To Board
Appeals
MAIN ROAD STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
,^6GERARD P. GOEHRINGER, CHAIRMAN f�
CHARLES GRIGONIS,JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
TO WHOM IT MAY CONCERN :
Enclosed herewith as confirmation of the time and date
of the public hearing concerning your recent application is
a copy of the Legal Notice as published in the L . I . Traveler-
Watchman , Inc.. and Suffolk Weekly Times , Inc .
Someone should appear in your behalf during the public
hearing, in the event there are questions from board members
or persons in the audience . Please be assured that your
public hearing will not start before the time allotted in
the Legal Notice .
If you have any questions , please feel free to call
our office , 765-1809 .
Yours very t I '
G KR IRD P . G0 HRINGER
CHAIRMAN
Linda -Kowalski
Secretary and Board Cler'k
Enclosure
NOTICE,OFHEARIN S I
' NOTICE ;, IS ' HEREBY
GIVEN;°pursuariv'o'r ection COUNTY OF SUFFOLK
�267 of;tlie Town L w`and tlie'. ' STATE OF NEW YORK ss:
t6de,of,the.Town•of Southold,: ,
the:?'following:��public'�hearings;',,:;
will be.held by the SOUTHOLD
TOWN BO -Sout old'ToP; Patricia Wood, being duly sworn says that she is the
PEALS at ehe.�Southold Town ;.; g Y , Y
.Ha.11;;Main' Road,-'Southold, Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
NY at a,Regular Meeting . P a public newspaper printed at Southold in Suffolk County;
me af' 730t,'p m._�',on ,
THURSDAY "SEPTEMBER:•,. '� and that the notice of which the annexed is a printed copy,
11,.1986, and as'.follow: has been published in said Long Island Traveler-Watchman
7:35 " p.m:s;{'Appeal``'No.' ^,3540-MARK'',AND., LOR- once each week for . . . . . . . . . . . . . . . . . . . • • • • . • weeks
RAINE LaROSA� Variance
the Zoning Ordinance; Article` :; �
Xl',''.Seetion •100-119:2(B) foi;,,,; successively, commencing on the . . . . . . . . . . . . . . . . . . . . . .
permission.to construct deck ad- .;.i
dition at rear of existing dwell- wi day . . . . .. 19 ... .
ing`,wtthin .75.feet;of ordinary;,
highwater mark along"Horton
Creek;"located along the north ,,.i . , , . , , , , , ... • . . . , , , , ,
side of_Al6o privet,Laurel,NY;,�,;•,
;'County',Tax• Map•:Parcel`No;,<':
7:40.:p.m.:'Appeal.� No..::
3541-R1AL,REA,LTX CORP.'; Sworn to before me this day of
Variances to.'the':Zoning Or-'.:. . • • • • • • • • . • • • • • • • • • • • Y
dinance, Article' III, ,Section
100-31, Bulk Schedule,'for.ap- , 8:20 p.m F►ppeal wNo
proval of insufficient lot,width;
• • • . . . . . 19 . . . . . 3550" OSEPH AND LINDA j I
of three.proposed;parcels in this SCHOENSTEINJVariances
pending ,minor; subdivision`.:',
the ZoningOrdinance,Articles;;;,";
{located at the.portherly end.of r:ij (a) VI, Section'100-60.
proposed right of;,way ;exten
mission to expand noitconfottn
ding from the noitkt side of ing'use,of weldmg',business'td 1
Oregon Road,,Mattttuck,,NY;
this"B-Light Business",Zoning ';,
Notary Public .,:this:",
Disfrict;�-•'(b) XI'" Section
County ax Iv1ap;Parcel No. `�' 100-119.2(B)for permtsston',to ;
1000 95:1-3 i �,Containtng BARBARA FORBES
construct"new building and;'ex 7
470520 acres.total. }( s:,; F
.7:50 m..;Appeal,: No. Notary Public, State of New York pand 'nonconforming iwelding
P• No. 4806846 businessuse'within'35 feet from
3533-JOHN'BREDEMEYER.. .,"y Qualified in Suffolk County,. '
(Recessed fro' ,,/August:;14; Commission Expires �' 3/ 19 wetlands' area`• "at"'premises,
1986).New dwelling with an in ';� "7 located along the'south side of
sufficient setback,from ordinary, Main Road, Greenpoit,. NY;
highwater:'markabng'Orient',' '•
County Tax Map Parcels No.
M
b 1000-53-2-12,. 13'and 15; Lots aror. ;,;;r�?.;�.fric,.;;,,s:,;, ,�+iij 172„ '173, 174, ;Peconic Ba
,-•-. 7�5.•..;�ri.m.`t�:APPea1�i�N�o;� Y ,
477=WILLIAIVI', Estates Map No.658,and Map. `
KATHERINE HEINS..(Rece`ss-. No. 1124 as Amended..,• .•:
j
ed.from August,l4,.1986):In-
sufficient 'P.m.' ,"area,width and depth 3538-JEFFREY:;`:;BETTAN?;,"..'
of two proposed.parcels.North 5;:,
COURT. Variance to the Zon=,.'`.:•'
side Main Road,,,Orient; NY; mg Ordinance,Article Xl,Sec
1000-19-2-5 and 6.' tion 100-119.2(A) for permis
8:00 p,m.-Appeal i4 No. -sion •.to construct ingrou4
3544-JAMES F. WARWLCK.' '`` swimmingpool with. fence
Variance .to lift Condition of. enclosure and gazebo within 100
prior Z.B.A..Appeal No. 1729 `,' �; feet of top of, bluff'or-bank ,
rendered March 8,1973 to allow along Long Island',Sound, at I
f premises,known as 2410 Grand-
f
amily:,construction of'a, single.-'. ;'.��' � ,. ,
family; dwelling':;,at, remises { view Drive,Orient,NY;Grand,= ,j
located along the;south side of., + `. .view,Estates Subdivision Lot `
Fasbender. .Avenue (Pecontc
No. 5, Map,;,No 7083,.Co6nty,`g:> �
NY;..,Bailey•'Paik,, IMap, filed .; Tax Map`" Pa"reel" No a . !
September 26; 1932,. Subdiw 1000-14 02-3.9 !� a
Sion Lot No.11; County ;Tax 8:40 p.m Appeal Noy`.;
Map Parcel No, 1000-67-6-7,, ;! 35,11'S'TEPHEN SHILOWITZ. .
.8:10 . :p.m:„Appeal;; No. >;':'! (Recessed':from.'August`._ 14;'' !
3534=ROBERT ' WAD ; 1986).t6 ndommiumconstruc-
DINGTON: Variance,'to. the tion within 75 feet of bulkhead
ZoningOrdinance; Article Ill and'tidal water.;.West Side•:0
! ,.6;th Street;; Greenport,'• Section I0.0-3.1,fiulk'Schedule, �.� �
for•permission to construct ad- 1000-44 01 25 1. r,
dition to existing building'with The,-Board ,Appeals
insufficient side'and'rear yard - hear at said time`and p'lace all `;;
setbacks,at 13175 Main Roadj' persons or'iepiesentat'ives desir
Mattituck; NY;'.County-Taz',:, I ing t0;.be heard in:eacli.;of'tlie,;,;
Map Parcel No :above bearings Written"com -`
1000-J40-03-038.` "B-1" j ments may also be'.submhted `'
General ,Business the Zoning prior to .onclusion'of'the '•^"
�,:.. .,,. . Y.
District." - ;: ,: } subject.hearing.For more infor- .;.
mation ;please',call•765-1809.=
Dated:.August,22,1986.
\.,,B `•ORDER,OF THE'-.-'!
sOIJTHO,LD'TOWN .
. �BOARP),,OF,'APPEALS
GERARD P:`GOEHRINGER,
CHAIRMAN'
i Linda Kowalski;;
Bod d Secretary:,. ;
):1T-8/28/86(6 ';,
l+
Page 2®Af tThe, 9 6__,,
g Sui#olk Times6August 28,_1, .$-,_,
Legal Noakes sed from August 14, 1986). In- 119.2(A) for permission to con- STATE OF MEW YORK )
sufficient area,width and depth struct inground swimmingpool. ) ��.
of two proposed parcels. North with fence enclosure and gazebo
Side Main Road, Orient,,NY; within 100 feet of top of bluff or COUNTY OF SUFFOLK )
1000-19-2-5 and 6. -bank along Long Island Sound,
NOTICE OF HEARINGS 8:00 p.m. Appeal No: 3544 -- at premises known as 2410
NOTICE IS HEREBY JAMES F. WARWICK. Vari- Grandview Drive, Orient, NY; Katherine Bondarchuk ®f Greenport, in
GIVEN,pursuant to Section 267 _ante to lift Condition of prior Grandview Estates Subdivision
of the Town Law and the Code of Z.B.A. Appeal No. 1729 re- Lot #5, Map No. 7083; County said County, being duly sworn, says that he/she is
the Town of Southold,the follow- ndered March 8, 1973 to allow- Tax Map Parcel No.1000-14-02-
ing public hearings will be held new construction of a single- - 3.9. - Principal Clerk.of THE SUFFO LK TIDES, a Weekly .
by the SOUTHOLD TOWN family dwelling at premises to-. 8:40 p.m. Appeal No. 3513 - Newspaper, published at Greenport, in the Town
BOARD OF APPEALS at the sated along the south side of STEPHEN SHILOWITZ. (Re,
Southold Town Hall,Main Road, Fasbender Avenue,Peconic,NY; cessed from August 14, 1986). of Southold, County of Suffolk and State of New
Southold,NY at a Regular Meet- Bailey Park Map filed Sep- Condominium construction York, and that the Notice of which the annexed is
ing commencing at 7:30 p.m.on tember 26, 1932, Subdivision within 75 feet of bulkhead and
THURSDAY, SEPTEMBER Lot#11;County Tax Map Parcel tidal water. West Side of 6th a printed copy,, has been regularly published in
11,1986,and as follows: No.1000-67-6-7. Street,Greenport,NY; 1000-49; 1
7:35 p.m- Appeal No. 3540 -- 8:10 p.m. Appeal No. 3534 -- 01-25.1. said Newspaper once each week for
MARK -AND LORRAINE ROBERT WADDINGTON. The Board of Appeals will weeks successively, commencing on the 28
ing Ordinance, Article OSA. Variance to theXI, Sec- Variance to the Zoning Ordi- hear at said time and place al} day Of All Qtt s t I9_ $_�
nance, Article III, Section 100- persons or representatives desir.
tion 1004192(B)for permission ' 31, Bulk Schedule, for permis ing to be heard in.each of the
to construct deck addition at sion to construct addition- 'to above hearings. Written corn-
rear of existing dwelling within ,- existing building with insuffi- ments may also he submitted
75 feet of ordinary highwater cient side and rear an d set- ' prior to\the conclusion of themark along"Horton Creek,"lo-
backs,at 13175 Main Road,Mat- subject hearing.For more infor-
sated along the north side of iituck, NY; County,Tax Map mation,pleasecall765-1809. Principal Clerk
Albo Drive,Laurel,NY;County Parcel No.1000-140-03-Dh& "B- Dated:August 22,1986.
Tax Map Parcel No.1000 126 2- 1"General Business Zoning Di ,BY ORDER
12. trict. "- NOFTHE SOUTHOLD Sworn t0 be re me this
'7:40 p.m. Appeal No. 3541 -= 8:20 p.m. Appeal No. 3550--- TOWN BOARD
RIAL REALTY.CORP. Vari- JOSEPH AND LINDA OF APPEALS_ day of 19 MpRY K.OEGNAN
antes to the Zoning Ordinance, SC,
Variances to GERARD P.GOEHRINGER, TkRY PUBLIC,State of New York
Article III,Section 100 31,Bulk the Zoning Ordinance, Articles: CHAIRMAN Suffolk County No.484989 qJ
Schedule,for approval of insufli, (a) VI, Section 100-60 for per- Linda Kowalski, O D
cient lot width of three proposed Term Expires Febtuary�L/�
P Pos mission to expand nonconform- Board Secretary
parcels in this pending minor in use of welding business in --XTA28-5333
Subdivision located at the north- this "B-Light Business" Z6iiing
erly end of proposed right-of-way District; -(b) XI, Section 100-
extending from the north side of 119.2(B) for permissionjo-cen-,
Oregon Road, Mattituck, NY; struct new-huildiitg and expand
County Tax Map Parcel No. nonconforming welding business.
1000-95-1-3.Containing 47.0520 use within 75,-feet from wetlands
acres total. ---- area at premises located along
7:50 p.m_ Appeal:No. 3533 — the south side of Main Road,
JOHN BREDEMEYER. (Re- Greenport,NY;County Tax Map
cessed from August 14, 1986). Parcels No.1000-53-2-12,13 and
New dwelling with an insuffi- 15; Lots 172, 173, 174, Peconic
cient setback from ordinary Bay Estates Map No. 658, and
highwater mark along Orient Map No.1124 as Amended.
Harbor. 8:35 p.m. Appeal No. 3538 —
W7:51 5 pp..Mm. Appeal No. 3477— JEFFREY BETTANCOURT.
AND Variance to the Zoning Ordi-
KATHERINE HEINS. (Recess. nance, Article XI, Section 100-
BOARD OF APPEALS, TOWN OF SOUTHOLD '
In the Matter or the Petition of
fA..
NOTICE
TO
to the Board of Appeals of the Town of Southold ADJACENT
TO: PROPERTY OWNER
Walter Baer
103 Croft Lane
Smithtown, New York 11787
YOU ARE HEREBY GIVEN NOTICE: y °
)L
1. That ' is
the intention of the undersigned to petition the•Board of Appeals of the Town of Southold
iance (Special Exception) (Special Permit) (Other) [circle choice]o request a6ar ]
1.
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: _47 acre Long Island Soundfront farm S.0 T M #1000-95-01-3, bordered
on the North by Long Island Sound, West by the land of Baer et al . , East by the land
of Schreiber, and South by Oregon Rd. , Cutchogue, N.Y. a
3. That the property which is the subject of such Petition is located in the following zoning district:
Agricultural-Residential
4. That by such Petition, the undersigned will request the following relief: A variance of
bulk and parking schedule relating only to lot width.
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article III Section100-31
[ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way.
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. (516) 76'5-1809.
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 Travel er-Mattituc,k 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:_;,oy_18., 1986
Rial Realty Corp.
Petitioner
i Owners ' Names :dial Realty Corp.
Post Office Address
20 Audrey Avenue
Oyster Bay, N.Y . 11771
6,
(Te 1 . 516/ 922-2643 )
I _
PROOF OF MAILING OF NOTICE
ATTACH. , CERTIFIED MAIL RECEIPTS J�
NAME ADDRESCL
t
rn 2
cc (Xw
J IA 69
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LLS•£OV•£961,Vd-o-s-n ZO '4®d 1009£wioj §d
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) ss.:
Peter Capone residing at 20 Audrey Avenue, Oyster Bay,
New York 11771 being duly sworn, deposes and says that on the fit— day
of �lttly , 19 86 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-
Tice at Oyster Bay, New York 11771 ; that said Notices were mailed to each of said persons by
(certified) (registered) mail.
Sworn to efore me this
day - s , 19
/ Notary Public
( JACQUELINE COHEN
NOTARY PUBLIC, State of New York
No. 4839694
Qualified in Suffolk County
C.ra,ni _i;n Expires March 30, 19LI
(This side does not have to be completed on form transmitted to adjoining
property owners . )
�1
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter or the Petitiop of
s NOTICE ,
TO
to the Board of Appeals of the Town of Southold ADJACENT
TO: Robert & Sherry Schreiber PROPERTY OWNER
168 Oregon Road
Cutchogue, New York 11935
YOU ARE HEREBY GIVEN NOTICE: wy= '
I. ThatJ1 is the intention of the undersigned to petition the`Board of Appeals of the Town of Southold
Variance to request a (Special Exception) (Special Permit) (Other) [circle choice]
Y
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: A7 acre Long Island Soundfront farm S Q.T.M. #1000-95-01-3, bordered
on theNorth by Long Island Sound, West by the land of Baer et al . , East by the land
of Schreiber, and South by Oregon Rd. , Cutchogue, N.Y. A
3. That the property which is the subject of such Petition is located in the following zoning district:
Agricultural-Residential
4. That by such Petition, the undersigned will request the following relief: A variance of
hulk and parking schedule relating only to lot width
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article III Section100-31
[ ] Section 280-A, New York Town Law for approval ofaccess over right(s)-of-way.
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. (516) 76'5-1809.
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: July 18. 1986
Rial Realty Corp.
Petitioner
Owners ' Name s :Bial Realty Cork
Post Office Address
20 Audrey Avenue
Oyster Bay, N.Y. 11771
(Te 1 . 516/ 922-2643 )
i
PROOF OF MAILING OF NOTICE :
ATTACH CERTIFIED A IL RECEIPTS ✓
NAME ADDRESS
L0
M
Ol
m �
o ro S
Er ® o a o 0 69 d 69 a
`n a C 3 �•
rn
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Z aci 0 0 o aV a aa'i d o d m 0 0
cn in a a U (on) a Q c[a F a
cLs-E0V-906l.•o•d•o-s°n Z966.4®d `ooas uuo:j sd
1
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) ss.:
Peter Capone residing at 20 Audrey Avenue, Oyster Bay,
New York 11771 being duly sworn, deposes and says that on the 21 stday
of --July 19 86 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-
fice at Oyster Bay, New York 11771 ; that said Notices were mailed to each of said persons by
(certified) (registered) mail.
i JACQUELINE COHEN
NOTARY PUBLIC
,
f New York
I Qualified in Suffoik County
Commission Expires March 30, 19
Sworn to before me this Qk fly
day , 19 �L
Notary Public
i
(This side does not have to be completed on form transmitted to adjoining
property owners , )
4
re-
Ln
O� Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
JUDITH T.TERRY TELEPHONE
TowN CLERK (516)765-1801
REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
July 25, 1986
To : Southold Town Zoning Board of Appeals
From: Judith T . Terry, Southold -Town Clerk
Transmitted herewith is Zoning Appeal No. 3541 application of
Rial Realty Corporation fur a variance. Also included is Notice
of Disapproval from the Building Department; Notice to Adjacent
Property Owner; . Short. Environmental Assessment Form; letter re-
lative to NYS Tidal Wetlands Land-Use; DEC permit; Corporate
disclosure; deed and survey.
we �aw_ w 7
Judith T. Terry
Southold Town Clerk
O
s
/ O
h I
KEY MAP
..; ` 3 0 a4
SCALE 1"- 600'
. ACRES 13 ,
500
v � o• Pao
S.
3 ,t, hs
SOt4vVIEW _ „ - _
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• �' 00, 344 59 1.
2 I/,2 asphalt b/nder course 1471 fr
S$`\ -�P - _ 32°1?10» w' CZ"'h e
4 compacted thickness stone blend o/ crushed ,� >,.• �, t o
\ concrete Bose Nlo/F
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SKETCH PLAN OF
A L PER Tl ES TA TES. D �. > >�}:..4 o o /6
A T MA T TI TUCK --- ., • v � �° � ��- ` `�` � _ � Y'�°` �° � r�u '�'�1
TOWN OF SOUTHOLD
NE SUFFOLK COUNTY, N. Y.
O� �Y _
S. MET y°0- _ BUILDiN(G ZONE R 80 8 A-C ��
s� �� 2�F r AREA - 45.2155 acres 1000 - 95 - 01 03
1 ! c 1347•85
� � � ��_ � SCHOOL DISTRICT #9 � C � s �� \ `�\` �.� ' �� `30.
• to tie line SCALE: 1 - 100 z
FIRE DIS VTR/CT CUTCHOGUE Q �� ._— s$ \\ o
4
.S
J- CC MAR. 30 . 1992
r c > o
OWNER-DEVELOPER i .24, 6AER
DE<C , 3� /9 9 S-
ORS P.C. B. ANTHONY ALIPERTI t t ,SS H
a �' 40' W. � � ' ROSE
(S1iB - SHIRLEY, N.Y. 11967 , i\ N. 31• 40 �� N/o/F
P. O. BOX goonn
MANV ROAD CONTOUR &INES ARE REFERENCED TO MEAN SEA LEVEL
SOUTHOLD, .N.Y. M71Mn !)
85-185.
SOUTHOLD TOWN
• KAPJhJM BOARD ,